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HomeMy WebLinkAbout1.0 ApplicationJUL-10-98 FRI 03:38 PM BEATTIE CHADWICK STEVEN M. 9EA7T1E GLENN 0. CHADWICK 1CAAENJ, SLQAT Kenneth L. Elder 612 W. 29th Rifle, CO 81650 FAX:970 945 8671 PAGE 2 BEATTIE & CHADWICK ATTORNEYS AND COUNSELORS AT LAW 710 COOPER AVENUE, SUITE 200 GLENWOOD SPRINGS. Co 51601 July 10, 1998 Re: Access - David and Ruth Sante Dear Mr. Elder: TELEPHONE (970114S-8354 FAX (Nn) 945.887Y 1 represented David and Ruth Sante in connection with their purchase of property from August Jewell, I understand from the Santes that you claim they are not entitled to use the road along the south side of Elder/Jewell Subdivision Lots 1 and 3 to get to their property. 1 believe they do have a right to use this road, based on a review of their deeds. The Santes purchased the NW} of the NE`-, of section 34, Township 5 South, Range 92 West of the 6th P.M., by Warranty Deed from August Jewell, Alberta Jewell, and Edith Jane Jewell, recorded on September 5, 1997 in Book 1032 at Page 671 in the Office of the Garfield County Clerk and Recorder. Their deed provides access as follows: "Together with an easement for access and utility purposes described in deed recorded November 13, 1996 in Book 999 at Page 531, in the Office of the Garfield County Clerk and Recorder." The November 13, 1996 deed (on which you are one of the grantors) describes the following as the access to the NE' of Section 34: "Together with an easement for access and utility purposes from the county road to the above described property being thirty (30) feet in width and traversing as follows: "(1) along the southerly boundary of sWi SWC, Section 27; (2) along the southerly boundary of Lot 3 and Lot 1, Elder/Jewell Subdivision Exemption and northerly line of Antlers orchard Development Lots 5 and 6; (3) along the centerline between Antlers orchard Development Lots 5 and 6 and 11 and 12; and (4) along the centerline between Antlers orchard Development Lots 12 and 21." Ju!,, -IU --9 Phi BEATTiE CHADWICK Kenneth L. Elder July 10, 1998 Page 2 FAX:970 945 8671 PAGE 3 1 plotted these routes on the Monumented Land Survey of the AWR Sheep Company Property prepared by Sam Phelps, dated July 15, 1996. Parts (1) and (2) of this route connect directly east from County Road 259, along the south edge of Elder/Jewell Lots 1 and 3, to the northwest corner of the Santes' property. Mr. Jewell told the Santes that this was their access. The Santes have improved their lot in reliance on having access to the northwest corner of their lot. The deeds contain no limitations regarding the uses or scope of this access. It is my legal opinion based on the recorded documents that the Santes have a right to use the road along the south side of Elder/Jewell Lots 1 and 3 for access and utility purposes, without limitation, for any permitted uses of their property. Copies of both of the above -referenced deeds are enclosed. xf you have other information about the Santes' access which is different from my information, please let me know. Enclosures pc: David and Ruth Sante Yours very truly, enn D. Chadwick Dianne L. Middleton 10 July 1998 Planning Commission 109 8th Street Glenwood Springs, CO 81601 RE: Sante Proposed Special Use Permit The purpose of this letter is to inform you that Mr. Sante' provided false information regarding access to his property and the proposed logwork site . The warranty deed provided to you by Mr. Sante and signed by Mr. Sante reads as follows: TOGETHER WITH AN EASEMENT FOR ACCESS AND UTILITY PURPOSES DESCRIBED IN DEED RECORDED NOVEMBER 13, 1996 IN BOOK 999 AT PAGE 531, IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER. The Quit Claim referenced in Mr. Sante's warranty deed defines his access as follows: TOGETHER WITH AN EASEMENT FOR ACCESS AND UTILITY PURPOSES FROM THE COUNTY ROAD TO THE ABOVE DESCRIBED PROPERTY BEING THIRTY (30) FEET IN WIDTH AND TRAVELING AS FOLLOWS: (1) ALONG THE SOUTHERLY BOUNDARY OF SW /4 SWI/4, SECTION 27; (2) ALONG THE SOUTHERLY BOUNDARY OF LOT 3 AND LOT 1, ELDER/JEWELL SUBDIVISION EXEMPTION AND NORTHERLY LINE OF ANTLERS ORCHARD DEVELOPMENT LOTS 5 AND 6; (3) ALONG THE CENTERLINE BETWEEN ANTLER ORCHARD DEVELOPMENT LOTS 5 AND 6 AND 11 AND 12; AND (4) ALONG THE CENTERLINE BETWEEN ANTLERS ORCHARD DEVELOPMENT LOTS 12 AND 21. (copy attached) I have attached a map indicating with "arrows" Mr. Sante's legal access route which clearly shows the additional roads and turns he would be required to make. The insert on the map is a reduced copy of his proposed layout of his property and the need to cross the culvert. I am asking that you consider denying Mr. Sante's request for the following reasons: 1) ACCESS WAS NOT PROPERLY PRESENTED 2) STREET IMPROVEMENTS ALONG LEGAL ACCESS ROUTE NOT ADEQUATE See Zoning 5.03 (2) 3) TRUCK TRAFFIC TO & FROM SUCH USES COULD CREATE HAZARDS OR NUISANCES AS A RESULT OF HIS a. need to pass four additional property owners b. need to travel across two additional narrow roads, both with TIGHT TURNS See Zoning 5.03.07(2) TRAVEL ACROSS THE CULVERTS CURRENTLY IN PLACE, AND THE ONE MR. SANTE' WOULD BE REQUIRED TO BUILD, WOULD ADVERSLY EFFECT CITIZENS OF GARFIELD COUNTY SHOULD ONE OR MORE BE DAMAGED BY YEAR ROUND TRUCK TRAFFIC. See Zoning 5.03.07(1a) Industrial Operation Most importantly upon making your decision you need to consider the following which considering the items address above will not be met, which is: 5.03.12 — A basic finding of a safe access route must be made by the Board of County Commissioners. I hope that you will consider these issues when making your decision. I intend to be present at the hearing scheduled for July 13th at 3:00pm to discuss these and other concerns in hopes that you will find Mr. Sante's proposal not suitable for the area and deny his request. Thank you, �P Dianne L. Middleton $00991 N -A99 F—S3. .' 1 / 13/ f 1190 02: 51P 1111 1 01' 2 RFC M1lDRF1) AI,SiUORF GARF1F1D 0:1IWTY ant AM) MORNS 11.00 QUET CAN MRS THIS MUM, lade Ms 1st dq of fl.+urLr, if9tr haws.. 1 WARREN IILWfU. aha LEM% WARREN JFW921. GLORIA D. JEWELL, JAMEY RUO[ EDDEP Not J. RUO[ 112D H ale RUTH EWER aid KENNETH L LIBEL of the C.a.q .f QalMY end the Bret. of Colorado, Geisburs, sled, AUGUI? O JAL aka AUOUWT GRANT JEWELL, ALIMITA JNWE11, mid EDrm JANE JL"1►EIL, PAM Utast. wilt Right .f Set+iw.ship, wh.m address h 34113 Cory Road 239, Ube, of the Ceaay of Girlish' end Stals of Colwell., Gematse.. WNTVESSE771, that t!. Oe.otsnr der sled 1...uUurtl.s sf the arm .f Ter Daher. (110.00) sled ether dead ad ,Pliable umeld.nths, the wept sled e.Nlrle.ey .f which be hereby sdttr..ri.dged, hove nul..d, released, ..M sled QM CLAIMED, sled by thea pno.lets de rreai.., nlea.o, seN sod QUIT CLAIM est. the Ceooeln., their Miry, wraasees ed .s.1p., Meter, vii tie right, title, imerr.l, datas rod d.usssd whkh the Crowson have 1. ed to tin nal property, together with improremests, R w, situate, Wog mel b.i.R W the Conmy .r G.efield and Stale .f Calends, de.erlb.d as b11.*.t Seed. 26 SWl% SW% Secelse 27 SE % NE% Seethe* 34 NEVI AN 1s Tew..bip 0 Smith, Raw 92 Wet .f the 6th P.M., r..rlleld Nasty, Colorado Together with as mmsmma.t far seam sled Nilly reposer from the eumaty reel to the above described property bels/ thirty (30) (het Is width ..d bursaries as knew (1) Meal the .omtbery boundary of SW% SWV Seth.. 27; (2) aloleg tie somberly bw.d.ey of Lot 3 mod Lot 1, Vidu'Jew.lt Subdivision Ez.mptiea and .ortheeiy Nae .f Asters Orchard Devetepm.e. Lots 3 and 6; (3) *keg the wabril.e between Amities Orchard De el.ram.st Lets 5 sod 6 rad 1I and 12; a.4 (4) Moog the commas, 11.tw.w A.tden Orchard Deveiepawt Lets 12 mod 21. Together with mpp.rha.at water and water rights sed dkeie nod ditch wraw.te mod is r..sedlw therewith. AN legal do.eriptb.s ere mode ie referees to the three dellowies plata: (1) M...mwtd had Surrey &peeked el Atopy 27, DM M 1:00 p.m. Ile the G.r1eM Candy, Colored* Wee for ishetr. k..l laird sores, plots seder Reception Number 321. Atm recorded i. the OMui of the Clerk sed Recorder of C..rfiel Comity e. September 5, 1996 at 933$ we as Receptive N. 490000 ad 111.d i. Drawer 3A. (2) EiderfJn.ell S.bdi.leioe Etse*ptk. PIM rrcerdd W the (Nike .f the Clerk mad Recorder of Garfield County, Colorado en Anise 27, 1996 as Receptive N. 497606. (3) Aatlere Orchard Do.lepme.t Plot recorded am Number 374S11 is the Offs .f the Clerk sod Recorder of Garfield C...5y, Calends. TO HAVE AND TO HOLD the sem., together with all sad simpler the npprtaeu.e.s mid prMNeges lhemmete Woofing or Ie an,wie thereinto mpperrdlehrg, rad ail the mime, right, tide, hater! and elide wbatsewer, of the Creators, skier is law or .fluky, t. the only prepr oe., hele.fk end behest of the Greeters, their hese and wipe fu.wr. IN WITNESS VW:REOF, the Greeters haw executed this deed es the date art f.rtb ahere. 1 SODOM 2400 15-832 11/13,1922 02;21P PO 2 OP 2 111111111 Or COLODA00 ) ) la COUNVV1311.04112111111k 1 .tos ..', ;, 7 ....• ' " " ' ". '(<,211. breplew iretweemee ore Noireoptedsoot leiree ea ON dollog,.. llw st Seeseelkork 104 ,YO.irt‘11210144401611 I$ Leads Waves jewel mod Oleo% D. Most •44-4-4:14. )ftispi NW bad led elllobl eta .. - 4zyi,to !,,, : &, irietrart STATE OF COVOIRAbO ) es• ODUKTY Or manna ) The Iheepsle. ledolooeset vie welovaleard behoe me ea Mb etNeoember, 1911* 15 IMO" Iblo Rider do J1. leai.0Rea Moe mod Uwe* L. aim IrMease ow bind sed WINN ea& 2„, ceerooleoles expires • 1,14, -0- ; 4! • w 4 .1? •f DAVID SANTE - ACCESS WARRANTY DEED dated 4 September 1997 states: Together with an easement for access and utility purposes described in deed recorded November 13, 1996 in Book 999 at Page 531, in the Office of the Garfield County Clerk and Recorder. QUIT CLAIM DEED dated I November 1996 and recorded 13 November 1996 states easement as follows: Together with an easement for access and utility purposes from the county road to the above described property being thirty (30) feet in with an traversing as follows: (1) along the southerly boundary of SW 3/d SW 114, Section 27; (2) along the southerly boundary of Lot 3 and Lot 1, Elder Jewell Subdivision Exemption and northerly line of Antlers Orchard Development Lots 5 and 6; (3) along the centerline between Antlers Orchard Development Lots 5 and 6 and 11 and 12; and (4) along the centerline between Antlers Orchard Development Lots 12 and 21. 51/16 Cr-aSeutla.a 27/26. Sat #S mph. SWt/,6 Car. Sas.1 W 2 Alam. Cap, 27. Set 05 Re4arI2 116 00'32'W W/2' Alum. Cap. 14719-013'24-W200.46' S644 006•E —%; 1_at2�-f� 27 0 th .34-e EIR Weel 1/16 Corner sect+ons 27/.34. sauna Standard Mon. W Mun1. Cap. P.LS. #100113 15.06' sas-20-30'E 11.13 acres 44 Lot3 10.67 acres Lott ES 20.012 acres $ PACE 33 6164.3 C3 Section Cor. roue" 4gd. Stan. Men. W ra,a Cap, P S. # 0732 133730' F- — — __411X7.146-€ 5$6'?S°I6'E 14W1/Ib 34. Sel 05 Rabat 11 W/2' A1um. Cop. 1_ 30 0 Y I Antlera '0.- he___ 11 tv, .(� Na7'49.1]3'W 1734.04'` — 1/4 Corn. Sacllone 33/34. Re.ea196116604 Pcelllo0 from Man.. Record. R. --m Oomenled w/#5 Reams. Read 3• 131100. Cap. Sheet 1 of 1 I cov South C -C 1/16 Conor 27. round FILM Stand.. Monuln.ot Sat 10 1993 S54' g y�,1 South 1/4 Corner Section 27. Fouad Standard Man. W/Alum. Cop• P.L.S. 0101373 2613007:72'£ ROY, I Marr ry� NO 1 1 FVw t/,1 ;ti1:. 'f . , I133"'33.1317..` IPle.,/rL lz � 1 I-1 "\-II x t I+ ..,\ I Orchard 11 4 CO 1' Ta 506'42'69`£ I I h s 1 33.62' 597'19 0� EJ r' Sal #S Mellor S.317'4 1Ai W/Plaatic COP. Set #-r• 0.6 or - W/Ptaatic cop. -Exception Trcic:t 0oek 391. Page 503 SANTE PROPERTY LAYOUT Irrigation ditch will require culvert be installed to access proposed log site S $ 1337.70' 30 16`, C.nler 1/4 Carts Sao 34. Fouhd Stan. Manor W/Hreaa Cop, 1.1-S- #1 1 .17 July 6, 1998 Kenneth Elder 1587 CR 259 Rifle, CO 81650 Dear Mr. Elder: • During the Garfield County Commissioners hearing held on June 8, 1998, it was discovered that there appeared to be a misunderstanding as to the proposed special use permit for the Sante property located approximately three miles Northwest of Silt on County Road 259. The County Commission has asked me to contact those parties who signed the petition of opposition and clarify the proposed usage, scale of operation, and consequently, the number and size of trucks/trailers needed to service such a use. I apologized during the committee hearing for not being more clear on the intended use of the land. You will note the first sentence of my letter to the building and planning department incorrectly states "This letter is regarding the special use permit needed to operate a business of constructing log homes." I had copied a sample letter and used the wrong wording. It should have stated "This letter is regarding the special use permit needed to operate a business of constructing items for log homes." If you refer to the rest of my letter, you will see I support that position throughout. Let me clarify the use of the land: 1. 90% of all construction I do is at building sites in the area. 2. Occasionally I have the opportunity to build some things like log stairs, handrails, furniture, or roof members at another location and transport and install them at the building site. During the last two years, I did a total of six projects away from the job site. These were as follows: A. Constructed log handrails for a house by Avon. I used an electric chain saw and it took one week to build. B. Built a four -log section of a roof system. This took two days. C. Constructed log stairs for an Aspen house. This took approximately four days. D. Built log benches for Colorado Log Furniture and Design. This took two people a day and a half. E. Built bar stools for my neighbor. F. Built a log bed for my own use. As you can see, I am not planning on a large operation with many employees using chain saws or numerous log trucks involved. I could haul logs in on a trailer behind a pickup truck or have a semi -trailer truck drop off one load, which would provide me with logs for many future projects. My request is to be able to build items out of logs when the opportunity arises on my own property, which is already zoned for such use. The location on my land I propose to use for projects is hidden from view and would not be an eye sore. I have volunteered to limit work to the hours of 7:00 a.m. to 5:30 p.m. Monday through Saturday. These hours are set to have the least impact on people. I have also volunteered to have the permit state that I cannot build log shells an the property. There has been another commission hearing scheduled for July 13, 1998, at 3:00 p.m., and I invite you to come and state your concerns or support at that hearing. I will be contacting you shortly to meet with you to discuss your concerns. Thank you for allowing me to clear up some misunderstandings. Please do not hesitate to contact me if you have any questions, or if I may provide you with any further information. Sincerely, David A. Sante 5033 CR 335, #191 New Castle, CO 81647 984-2865 29 June 1998 Planning Commission 109 8th Street Glenwood Springs, CO 81601 Dear Sirs, RE: Sante Special Use Permit I have asked Eric Molthen to present this letter to the Planning Commission on my behalf as I am unable to attend in person for the hearing scheduled for July 13th. The purpose of this letter is clarify the fact that we have never given the Santes permission to access their property via the easement provided to one adjoining land owner. eA c'. L& r Mr. Sante was given access to his property through Antlers Orchard Development, which was recorded in Garfield County on 13 November 1996. I do not now nor do I intend to give Mr. Sante access through my property, otherwise known as Lot 1. E X(6t 2 R E.s,ocd)-/ . C) SC 010y Sincerely, 7fK nneth Elder JIAL-g-Gic— Ruth Elder DAVID SANTE - ACCESS f 51/16 Cor. 5xllona � 27 26. Sat #5 RoDar C. S. W/N27. S.` Alum. CaP_ 27. Sat 05 Rebar W/2- Alum. Cap. g tx N(8 F;_1B 2 c- l 28 27 PAGE L10 A'— Se41a4o—a3-- sab.ar 4P05:: — ._.. NIH'40.NO N6U56'24^W 200.46' % NO want 1/16 Corner S.Ct4on. 27/34. Found Standard Moe. W/Alum Cop. P.L.S. #10873 Lot2 • 11.13 acres ;ate Lot3 06 acres 33 t 73. L6 Nt14T.a>!' CS See tton Cor. Fount a 34 Sten. Mort. W/Brn.. Cop. P.L.S. 010732 64 0. 674.69' '•t'.S_� N_6715'3.08' 7'3p' 436 14`~ b° 585'2s'S0`IC 1k Lott �� acres 6'/a. South C -C 1/16 Corn.' 27. Found 6121 Stando. M onumont 5.t 1n 1003 se4.44'25't y1'sa sg 4.66 Sas, NO BIG TRUCKS REPAIR ROADS FURNITURE, STAIRS, TRUSSESS Section 77. Found Standard Mon. W/AFum. Cap. P.LS. 01106173 SAL' i16'os-F a 1 SJ S8614'411 -E N WI /16 Cor. Sac. 14. Se t 05 Rabat W/2" Alum. Cop. 4114 ,z -N• N67.40"03' W 1334784" 1/4 Corner 54clwna 33/34. Re- eetobll.n ad Poaltlon from Mort. Record. Ra-monnm.n tars re/06 Robot. and '1- Alum. Cop. Sheet 1 of 1 1 lr t11 ��,a jrchorcf xg 5.66.' W.t/Pl05aetl6e Cnp. .w.�/ Sat Kobor W/PCo.ootfC Cap. 'ExeerpLicari Tract [3eoi, 301. Pope 503 CD 4; 1 566'41'69'E 1333.62' 567v9'0.� e r 1334.04' • SANTE PROPERTY LAYOUT Irrigation ditch will require culvert be installed to access proposed log site INSIDE A BUILDING NOTHING LOUD 1 TRUCK A WEEK STANDARD PICK-UP FURNITURE, RAILINGS, STAIRWELLS 1337.70' 87-50-16'. Cantor 1/4 Comer Sec Z4. Found Slon_ Mn....' /Ora.. Gap, P.LS. /1 B.L.M. NOT NOTIFIED Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO. 81601 June 8, 1998 Attn: Mark Bean RE: Special Use Permit, David Santee To Whom It May Concern, After a discussion with Mr. Bean this morning, I would like to see several clarifications made to this petition prior to it's approval. First, I would like to have the products constructed limited to furniture, stairs and trusses. The second concern involves the vehicles used to transprot materials to and from the property. Access to the property in question is via a private road shared by several different people. I feel Mr, Santee should be required to enter into an aggreement with the affected parties to share in the maintance of the easement. In previous discussions with Mr. Santee, my understanding was that he would be moving materials in and out using his pickup truck and trailer. I would like to see the permit limit vehicle size to conform with my understanding thereby, eliminating the use of "eighteen wheelers" on our small county and private road system. The final clarification concerns the sale of scrap materials for firewood. I have no problem with the sales but would like to see the sale of firewood conducted off site. If these clarifications are acceptable to the Board of County Commissioners and to Mr. Santee, 1 would have no problems with the approval of the application. Thank you for taking these concerns into account. Sincerely, 1/6.1c4A ayat Edwin Dale "Chip" Clark TO'd 86 -80 -un June 4, 1998 Garfield County Building & Planning Department 109 8th Street Suite 303 Glenwood Springs, Co 81601 Dear Sir: I am responding to Mr. David Sante's request for a special use permit application on his property at NW 1/4 NE 1/4, section 34, Township 5 South, Range 92 west of the 6 P.M., county of Garfield. I am a neighboring property owner and share the same access road to Mr. Sante's property. In fact I shared the expense of building this road. Recently I signed a petition that was against the issuance of a special use permit to Mr. Sante. Since signing this petition I have read Mr. Sante's application and have conversed with personnel of the county building and planning department. I now understand that the request is not asking for a change in the existing zoning designation and that the scope of the business is limited. I am not against the special use permit being issued. Sincerely Bill Erickson 0524 County Rd 259 Rifle, Co 81650 (tele: 625-4928) i Imo uiii niui iimi iu ur 1111111 111 11111 1111 1111 513252 09/05/1997 09:47A b.032 P671 432 1 of 2 R 11.00 D 8.00 N 0.00 GARFIELD CLERK WARRANTY DEED THIS DEED, Made this 4th day of September, 1997, between AUGUST G. JEWELL aka AUGUST GRANT JEWELL, ALBERTA JEWELL and EDITH JANE JEWELL, of the County of Garfield and State of Colorado, Grantors, and DAVID A. SANTE and RUTH E. SANTE, Joint Tenants with Right of Survivorship, whose legal address is 5033 County Road 335, Space 191, New Castle, of the County of Garfield, State of Colorado, Grantees: WITNESSETH, That the Grantors for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the Grantees, their heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado described as follows: Township 5 South, Range 92 West of the 6th P.M. Section 34: NW1/4 NE1/4 Together with an easement for access and utility purposes described in deed recorded November 13, 1996 in Book 999 at Page 531, in the Office of the Garfield County Clerk and Recorder. Together with eight (8) shares of Farmers Irrigation stock. Together with a non-exclusive right to use the easement for horseback or pedestrian travel described in the quitclaim deed recorded August 28, 1997 J in Book 1031 at Pages 700-701 in the Office of the Garfield County Clerk and Recorder. Subject to an easement for access, installation, operation and maintenance of an underground ditch described in the quitclaim deed recorded August 28, 1997 in Book 1031 at Page 699 in the Office of the Garfield County CLerk and Recorder. Subject to an easement for access, operation, maintenance and repair of Headgate 49 on the Farmers Irrigation canal and the lateral ditch serving said headgate, as both are presently in place and in use, which serve the subject property and Antlers Orchard Lot Nos. 5, 6, 11, 12 and 22 in said Section 34. Said headgate and ditch shall be used jointly by the owners of said parcels, and all such owners shall be responsible for maintaining and operating, as is necessary, the ditch, headgate, division boxes and measuring devices. The maintenance and operation costs of the ditch, headgate, measuring devices and division boxes shall be divided between the parcel owners in proportion to their lawful share of the ditch water. All parcel owners shall have an easement along the ditch for the above -referenced maintenance and operation. Subject to an easement for access, operation, maintenance and repair of Headgate 48 on the Farmers Irrigation canal and the lateral ditch serving said headgate, as both are presently in place and in use, which serve the subject property and Antlers Orchard Lot Nos. 12, 21 and 28, in said Section 34. Said headgate and ditch shall be used jointly by the owners of said parcels, and all such owners shall be responsible for maintaining and operating, as is necessary, the ditch, headgate, division boxes and measuring devices. The maintenance and operation costs of the ditch, headgate, measuring devices and division boxes shall be divided between the parcel owners in proportion to their lawful share of the ditch water. All parcel owners shall have an easement along the ditch for the above -referenced maintenance and operation. RETURN TO: GLENN D. CHADWICK 710 COOPER AVE. GLENWOOD SPRINGS, CO 81601. 111111111111111111111111L]11 1111111 111 11111 1111 1111 513252 09/05/1997 09:47A 81032 P672 432 2 of 2 R 11.00 D 8.00 N 0.00 GARFIELD CLERK as known by street and number as: Unassigned. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantors, either in law or equity, of, in and to the above - bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above -bargained and described, with the appurtenances, unto the Grantees, their heirs, successors and assigns forever. And the Grantors, for themselves, their heirs, successors and assigns, do covenant, grant, bargain, and agree to and with the Grantees, their heirs, successors or assigns, that at the time of the ensealing and delivery of these presents, are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except subject to the 1997 general property taxes; patent reservations; prior mineral reservations and leases of oil, gas, and minerals; restrictions, easements and rights-of-way of record; and right-of-way for any existing irrigation ditches, laterals, canals or pipelines. The Grantors shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the Grantees, their heirs, successor and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth above. r- f J `� J c ' t / f'' , / C}`� . rZ.�>- �1/1�?h:<-r/I�� / Aug G. Jewell akAugust Grant Jewell Alberta Jewell Edith Jane JeweJl`' STATE OF COLORADO COUNTY OF GARFIELD ) ) ss The foregoing instrument was acknowledged before me this 4th day of September, 1997, by AUGUST G. JEWELL aka AUGUST GRANT JEWELL, ALBERTA JEWELL, and EDITH JANE JEWELL. Witness my hand and official seal. My Commission Expires: 09-27-97 • 'stNotary Public ar 27 E. 5TH ST., RII-1-E; 'C0 81650 :v� March 25, 1998 Garfield County Building and Planning Dept. 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Special Use Permit Application for NW 1/4 NE 1/4, Section 34, Township 5 South, Range 92 West of the 6th P.M., County of Garfield, State of Colorado Dear Building and Planning Department: This letter is regarding the special use permit needed to operate a business of constructing log homes. The following is an impact statement in which I wish to explain the operation of my business in order to obtain a Special Use Permit. My business is located on a 41.6 acre parcel of land at the end of Jewell Lane. Although a large percentage of my work will be done at another location, I would like to prefab a number of components for log homes on my property. The logs will be brought to the property by truck and stored until needed. Although my operation does not require any permanent buildings, I will be applying for a building permit for a residential dwelling. Please refer to the enclosed site map for the location of residential buildings and the log construction site. Sewage disposal will be by portable toilet, and garbage will disposed of by dumpster, removed on a monthly basis. Log scraps will be sold as firewood. A 4 -wheel drive forklift or tractor will be used to service most of the operation. Power will be supplied by a portable generator, and at a later date, Public Service. We will now address the following conditions under special use: Visual impact will be minor, mainly consisting of a small pile of logs. I will have no lights and no sign. I will not use or divert any ground water. The sawdust will be contained within the work area of the property. The noise from the work area to any adjoining street or property has a minimal effect because of the long distances between adjoining properties and roads. The operation creates no vibrations. Auto and trruck traffic would be, at most, two vehicles a day. If my operation was to discontinue, the site could be re -used with no impact. The only source of flammable material will be State approved gas cans for chain saw use. I will have heavy duty ABC fire extinguishers on site. I have located my operation in an area very conducive for this type of use. Doing this creates very low impact as possible for the area. I will keep a very neat, clean and professional appearance. Per you requirements, also enclosed is the survey map, a listing of all adjoining property owners, proof of ownership for the property, and a $400 check. Please let me know as soon as possible if you require any further information. Sincerely, 2?I9 David A. Sante 5033 CR 335, #191 New Castle, CO 81647 984-2865 Proposed Use of Property: 1. Future residential site for the Sante family. 2. The building of log furniture for sale off site. 3. The building of log stairs, railings, trusses, etc. for installation at other building sites. 4. Working hours would be 7:00 a,m. to 5:30 p.m. Monday through Friday, with occasional Saturdays. 5. Vehicles would consist of two to four cars and one piece of heavy lifting equipment. 6. No structures have yet been planned, but a pole barn and shop would be useful in the future. 7. No running water is needed for the operation, and sewage can be handled by portable toilet until the house is built. 8. Trash will be hauled away from the site, 22.4 f_71 W 22.2' S81'10' 08" 582..7 4 C1 PAGE m a 28 C 1 1/4 Corner Section: /28 Found BLM StandarL Monument Set in 1993. -- SB420'59"E 1341.74' ~ — 0 T ▪ o N o Lar-• rn Set #5 Rebar ! , W/Plas. Cap 1 S1/16 Cor. Sections 27/28. Set #5 Reba W/2" Alum. Cap. z 0 (.1 0 0 1 27 L10 West C -C 1/16 Corner .,fiction 27. Found BLM Standard Monument Set in 1993. S84'21 '31 "E 1340.69 r SW1 /16 Cor. Sec. 27. Set #5 Rebar N88'49'52"W W/2" Alum. Cap. N89.58'24"W 200.46' 588.87 1 i r?� (i1 cn tin 438.14 `O 585'28'50"E ''- 11.13 acres Q A. cn • L0t3 N••••••.. � S84'40'08 "E• West 1/16 Corner Sections 27/34. Found Standard Mon. W/Alum. Cap. P.L.S.#10873 L11 33 L6 8 C3 Section Cor. Found30.66 34 Stan. Mon. W/Brass Cap, P.L.S. #10732 N84'58'58"W 3.,£C,90.00s N.67'37'39"W 15.08' Lot2 10. 06 acres 670.69' 30' 1337.30' ____ S8623'46"E __ NW1/16 Cor. Sec. 34. Set #5 Rebar W/2" Alum. Cap. 7.1' M.££,90.00N N 87'49'03"W 1334.04- 1/4 Corner Sections 33/34. Re-established Position from Mon. Record. Re-monumented w/#6 Rebar and 3" Alum. Cap. Sheet 1 of 1 0) 0 1 q 01'0 0d) fT1 01 0 0 CO 0 in CO m Un Lott w 20.08 acres o 670.69' S84'58'58"!_ Center 1/4 Corner Section 27. Found BLM Standard Mon. Set in 1993. • South C -C 1/16 Corne 27. Found BLM Standa3 Monument Set in 1993 S84'44'29 ~E 1332.a5 South 1/4 Corner Section 27. Found Standard Mon. W/Alum. Cap, P.LS. #10873 7 — — 585'OS'p9" — £ 329.6 -87 i County Rood R.O.W. I Anis* Antiers ti.n�oWf on Dco�r,ard -- Piot (tip) �--� Set #5 Rebar W/Plastic Cap. 1tx iAt Orchard 1 588'42'59"E 1333.52' 587'49'03"E 1334.04' I O M fl.p O In I� u•I Set #5 Rebar W/Plastic Cap. Exception Tract Book 391, Page 503 0 00 N 0 0) 0 Q � 1337.70' N87'50'16% Center 1/4 Corner Sect 34. Found Stan. Monum W/Brass Cap, P.L.S. #1( SURVEYORS CERTIFICATION 1, THE UNDERSIGNED. BEING A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO DO HEREBY CERTIFY THAT THIS MONUMENTED LAND SURVEY HAS BEEN PREPARED FOR AUGUST JEWELL AND WARREN JEWELL UNDER MY DIRECT SUPERVISION, RESPONSIBILITY AND CHECKING, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. SAMUEL D. PHELPS COLORADO REGISTERED PROFESSIONAL LAND SURVEYOR #27613 FOR AND ON BEHALF OF SURVCO. INC. DATE OF CER TIFICATION: 14/JULY/1997 44- A I. OA y SURVEYOR'S NOTES: .w, 1) THIS MAP HAS BEEN PREPARED PURSUANT 10 CLIENT REQUEST TO SHOW THE SUBDIVISIONAL BREAKDOWN AND ACREAGE OF THE ALIQUOT TRACTS AS INDICATED HEREON. THIS MAP DOES NOT REPRESENT AN IMPROVEMENT SURVEY OR IMPROVEMENT LOCATION CERTIFICATE OF THIS PROPERTY. 2) THS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS LAND SURVEYOR TO DETERMINE OWNERSHIP OR TO DISCOVER EASEMENTS OR OTHER ENCUMBRANCES OF RECORD. NO TITLE INSURANCE COMMITMENT HAS BEEN MADE AVAILABLE TO COMPLETE THIS SURVEY. NO EASEMENTS OF RECORD THAT MAY EXIST OR THOSE THAT MAY BE APPARENT IN THE FILED HAVE BEEN SHOWN HEREON. 3) BEARINGS AS SHOWN HEREON ARE BASED UPON THE LINE BETWEEN THE SOUTHWEST AND NORTHWEST CORNERS OF SECTION 27, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH P.M. AS BEARING N.0013'36'W. MONUMENTATION FOUND AT THE SOUTHWEST CORNER OF SAID SECTION 27 BEING A STANDARD MONUMENT AND BRASS CAP. P.L.S. #10732 AND AT THE NORTHWEST CORNER OF SAID SECTION 27 BEING A BLM STANDARD MONUMENT AND ALUMINUM CAP. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. PROPERTY DESCRIPTIONS SW1/4SW1/4 SECTION 26, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. CONTAINS 39.513 ACRES MORE OR LESS 5E1/4SE1/4 SECTION 27, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD. STATE OF COLORADO. CONTAINS 39.349 ACRES MORE OR LESS SW1/45E1/4 SECTION 27, TOWNSHIP 5 SOUTH. RANGE 92 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. CONTAINS 39.630 ACRES MORE OR LESS NE1/4NE1/4 SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. CONTAINS 40.645 ACRES MORE OR LESS NW1/4NEI/4 SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF T1 -IE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. CONTAINS 41.608 ACRES MORE OR LESS SW1 /4NE1 /4 SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. CONTAINS 41.795 ACRES MORE OR LESS SE1/4NE1/4 SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO EXCEPTING THEREFROM THAT TRACT OF LAND AS DESCRIBED IN DOCUMENT RECORDED 1N BOCK 245 AT PAGE 548 OF THE RECORDS OF SAID COUNTY, REMAINDER OF SAID SE1/4NE1/4 BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT TIME NORTHEAST CORNER OF SAID SE1/4NE1/4, SAID NORTHEAST CORNER BEING A NO. 5 REBAR AND ALUMINUM CAP, P.L.S. #27613; THEN ALONG TIIE EAST LINE OF SAID §1/4N!4 §:nc' B'i5" 1148.43 FFFT TO THE NORTHEAST CORNER OF SAID TRACT AS DESOrcinED IN 1301;;14 hS AT PAPE 548; THEN ALONG THE NORTHWESttftLY LINE OF gArb TL I 5,72'45'6'W, 511,26 FEET TO A POINT ON THE SOUTH LINE OF SAID SE1/4NE1/4; 'THEN ALONG SAID sou -n-4 LINE N,87'50'16"W. 847,70 FEET TO THE SOUTHWEST CORNER OF SAID SE1/4NE1/4, SAID SOUTHWEST CORNER BEING A NO. 5 REBAR AND ALUMINUM CAP, P.L.S. #27813; THEN ALONG THE WEST LINE OF SAID SE1 /4NE1 /4 N.00'12'59"W. 1349.53 FEET TO THE NORTHWEST CORNER OF SAID SE1/4NE1/4, SAID NORTHWEST CORNER BEING A NO. 5 REBAR AND ALUMINUM CAP P.L.S. 27613; THEN ALONG THE NORTH UNE OF SAID SE1/4NE1/4 5.86'29'27-E. 1333.32 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 39.877 ACRES MORE OR LESS Date: I 1 /M ) / 7 Applicant: GAR LLD COUNTY PLANNING DEPAR7k3NT 109 8TH STREET, SUITE 303 GLENWOOD SPRINGS, CO 81601 Telephone: 970-945-8212 Fax: 970-945-7785 APPLICATION SPECIAL USE PERMIT L:11 1/1 tQ Address of Applicant: 5O 2 C R 33, #` V 81 irzLl7 Special Use: C.,01/4-(-04-'041 O n ru55e-S c ) e:' -r,� �=u 1- r ko(ht S\ e. Legal Description: T01 n5h'`p 5 Such ,?,..-sAne 92. wetA- o -l-he 5ec-�-�o,n 3`i D tsh 1/4 NE V4 Practical Description (location with respect to highways, county roads, and residences): \ o e e VNA 6 D-1 ,Z59 (Jewel 1. ne) rro rkh Cc. 5' Requirements: 1 Plans and specifications for proposed use (hours of operation, number of vehicles/day, location and size of structures, etc.). 2. Existing or proposed method of sewage, source of disposal and water. Road access and other information deemed necessary to explain proposed use. 3. A vicinity map drawn to scale depicting the subject property, location and use of building and structures on adjacent lots. 4. An impact statement on the proposed use where required by Sections 5.03-5.03,12 of Zoning Regulations. 5. A copy of Assessor's map showing property; and a listing of all adjoining property owners of said property. 6. A base fee of $400.00 shall be charged for each application and shall be submitted with the application; additional charges may be imposed if county review costs exceed the base fee. 7. Attach a copy of proof of ownership for your property (deed, title insurance). If public notice is required, notice provided by the Planning Department shall be sent out at least fifteen (15) days prior to hearing by return -receipt mail to all the above noted adjoining property owners. Mailing is the applicant's responsibility and proof of mailing must be presented at the hearing. Additionally, the same notice shall be published one (1) time in the official County newspaper at least fifteen (15) days prior to such hearing date. Applicant shall bear the cost of publication and be responsible for presenting the "Proof of Publication" at the hearing. The above information is correct to the best of my knowledge. Applicant Date ge goo .b 3/49 g Cot 31AI N RECEIPT D_ Received From .I I Addres 34 (rter'' e- cs No. 8337 -7C, ' WIY7 9e44ars $ q • C0 ACCOUNT HOW PAID AMT. OF ACCOUNT CASH AMT. PAID CHECK BALANCE DUE MONEY ORDER C31d By ' fe-4-e•--e---1, f i . . c -n 5 7 72 • • • • • • • • • • -�� • • • a 1 PETITION OF OPPOSITION AGAINST - DAVID A. SANTE ETAL SPECIAL USE PERMIT NW 114 NE 114, SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO 2c, l of THE PARTIES SIGNED BELOW ARE AGAINST THE APPLICATION OF DAVID A. SANTE FOR A SPECIAL USE PERMIT TO OPERATE A LOG BUSINESS AND THE CONSTRUCTING OF LOG HOMES AT THE LOCATION LISTED ABOVE ON JEWELL LANE. AS RESIDENTS AND/OR PROPERTY OWNERS ON JEWELL LANE WE DO NOT FEEL SUCH ON. OpEIWION I$ CONOUSIVE TO AN AREA THAT HAS LONG BEEN AND STILL 1S BEING USED FOR FARMING AND THE RAISING OF LIVESTOCK. WE BELIEVE THE EXISTING INFRASTRUCTURES CANNOT WITHSTAND THE ADDITIONAL TRAFFIC AND PASSAGE OF HEAVY TRUCKS TO BE USED TO TRANSPORT THE .OGS. IT IS FURTHER BELIEVED THAT THE PLACEMENT OF SUCH A AN OPERATION AGAINST THE MOUNTAINS WILL CREATE AN ECHO EFFECT AND THEREBY MAGNIFY THE NOICE GENERATED BY CHAINSAWS TH'''E IS ALSO CONCERN QF THE POTENTIAL bE A FIRE HAZZARD TO BOTH THE B.L.M. LAND AND AQJQINING PROPERTIES THAT Cc. 0 RESULT FROM THE STORAGE OF LOGS AND LOCI MIATEIRIALS. THE DISK OF DAMAGE TO THE CI LVEIkT > As A RESULT OF REPT=ATED CROSSINGS BY HEAVY TRUCKS WOULD NOT ONLY EFFECT PROPERTY OWNERS ON JEWELL LANE BUT Q JtLINING AREAS AS WELL. IT IS OUR BELIEF THAT SUCH AN OPERATION SHOULD BE IN AN AREA CURRENTLY ZONED EITHER LIGHT INDIStRIAL AND/OR COMMERCIAL. WE ARE THEREFORE ASKING THAT YOU DENY Mit. SANIES REQUEST FOR A SPECIAL USE PERMIT. DATE PRINT NAME SIGNATURE ADDRE el /1.-(4--s t - 7 _0./.3--7-5,-7- ,5e>-: /?6,2,--7 ---4 - 7 -2; /21- - - e--- ;----'- r7-75 it/0 , a c-, C r ✓sem 1 f i .3 7 . L , 14, 2.i, { Q 1 entLiC . `�f 11s, 1l,k _oma -L 'S,..,+ r� (\� A t; -x1-1' 3- _a - 31 l 4:g �� ly j/�/rte �. --z d_ • S ' AA./ E' l/... .ter_ ` , 0ct97 p_6-7, 1,44— ,i---fe / / vAi .—: 7 1 . iiiko .6, A zei? -K. f ' po .eo,.ki 259'fj!k X,. 13 1177 6, -mac ]r ri + 6, ._ a u 6' CY der6 .,,g—sr tck ks'7-9 A U, 7-. a'i L. // (o leo( S59 � .17 Hg k h.- (ulf ez ie,i zs9 - ;(1e- '---2-- ?( - ,,L AL1/ + or ee Zii,259- s - l kaf�- .R...( 7 PETITION OF OPPOSITION AGAINST - DAVID A. SANTE ETAL SPECIAL USE PERMIT NW 114 NE 1/4, SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO 2a -p4 THE PARTIES SIGNED BELOW ARE AGAINST THE APPLICATION OF DAVID A. SANTE FOR A SPECIAL USE PERMIT TO OPERATE A LOG BUSINESS AND THE CONSTRUCTING OF LOG HOMES AT THE LOCATION LISTED ABOVE ON JEWELL LANE. AS RESIDENTS AND/OR PROPERTY OWNERS ON JEWELL LANE WE DO NOT FEEL SUCH ON OPERATION IS CONDUSIVE TO AN AREA THAT HAS LONG BEEN AND STILL IS BEING USED FOR FARMING AND THE RAISING OF LIVESTOCK. WE BELIEVE THE EXISTING INFRASTRUCTURES CANNOT WITHSTAND THE ADDITIONAL TRAFFIC AND PASSAGE OF HEAVY TRUCKS TO BE USED TO TRANSPORT THE LOGS. IT IS FURTHER BELIEVED THAT THE PLACEMENT OF SUCH A AN OPERATION AGAINST THE MOUNTAINS WILL CREATE AN ECHO EFFECT AND THEREBY MAGNIFY THE NOICE GENERATED BY CHAINSAWS TN'" -'E I$ AL$O.CONCERN OF THE POTENTIAL OF A FIRE HAZZARD TO BOTH THE B.L.M. LAND AND ADJQINING PROPERTIES THAT CL . D RESULT FROM THE STORAGE OF LOGS AND LOG MATERIALS. THE RISK OF DAMAGE TO THE CULVERTS AS A RESULT OF REPEATED CROSSINGS BY HEAVY TRUCKS WOULD NOT ONLY EFFECT PROPERTY OWNERS ON JEWELL LANE BUT OUTLINING AREAS AS WELL. IT IS OUR BELIEF THAT SUCH AN OPERATION SHOULD BE IN AN AREA CURRENTLY ZONED EITHER LIQ'HT INDISTRIAL AND/OR COMMERCIAL. WE ARE THEREFORE ASKING THAT YOU DENY MER: SAIVTES REQUEST FOR A SPECIAL USE PERMIT. DATE PRINT NAME SIGNATURE AbDRESS L :1. C` [, 1 1' ~i — i21 C. N (a f 11-116-1 ')1.-.- . 13,,,,, = I c'� yRIS 23cf /\/I �I' -� , c 6 E I AIN o f r6 -),(1E14) .;1 I , 1 ' I:5 --''.c . C! --x D 239 / 1 o 1 ")-.1-.7di 627:5) ,,ac r • 61_5--yftrxr./w/TtiJ Cesa 07-9y cw bur e .z.zat, /if 4.95' er7'o.,-? I %4: & (v -'?Y do-- cy- Lia„ ,Aalec. (_,e2a___ /loci (e) Tr _ ►,., A.4 1,,,,, ,3A .- k/E y% GE ilk(/ 7 94 di ' .?5 7 P__:_d_i4 3-'10, L -i tPPt, ( ./1(-/ * Moo Ctio s ier L a .3--, c /. JC/(r -F%,, - t ' ` ` " (e 6-3 " ,411.>,..,7-,..,/_ ,n,•iic, sac cR s; R, Ic: cc, zi .s—ez, (0�%3- w Are I, 4- ,-r,7!elml"'�'-<-41 ` x-622 C34E 0r ',1 r?ES[. F2' ///-26 PY '/`-'',-,/,_--5,-c.,-li-i,-. ,1/4,-------- (53_,(_ZY) F., 6-12----1-e----=-- - 0 5-.) / C-;., /:,-). --:(7; d...,, S -1(L- f C -3- y,c/ z)/114/n E /C .,--5 c7,11// en -47.-71; ' c, t-ee" -(1`:�' c'"F .2-57/�'.4 CJ .,cr-:-;_5 C° 315, iIDu Q ► CAA 1 Cr' - j= Q.74.7 (: 12 a. T R- -cre (), ./¢ g/&5 G c) PETITION OF OPPOSITION AGAINST - DAVID A. SANTE ETAL SPECIAL USE PERMIT NW 114 NE 114, SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO PQqo of THE PARTIES SIGNED BELOW ARE AGAINST THE APPLICATION OF DAVID A. SANTE FOR A SPECIAL USE PERMIT TO OPERATE A LOG BUSINESS AND THE CONSTRUCTING OF LOG HOMES AT THE LOCATION LISTED ABOVE ON JEWELL LANE. AS RESIDENTS AND/OR PROPERTY OWNERS ON JEWELL LANE WE DO NOT FEEL SUCH ON:ORERATION IS CONDU$IVE TO AN AREA THAT HAS LONG BEEN AND STILL IS BEING USED FOR FARMING AND THE RAISING OF LIVESTOCK. WE BELIEVE THE fsJJSTING INFRASTRUCTURES CANNOT WITHSTAND THE ADDITIONAL TRAFFIC AND PASSAGE OF HEAVY TRUCKS TO BE USED TO TRANSPORT THE LOGS. IT IS FURTHER BELIEVED THAT THE PLACEMENT OF SUCH A AN OPERATION AGAINST THE MOUNTAINS WILL CREATE AN ECHO EFFECT AND THEREBY MAGNIFY THE NOICE GENERATED BY CHAINSAWS THERE I$ ALSO CONCERN OF THE POTENTIAL OF A FIRE HAZZARD TO BOTH THE auk M: LANA AND ADJOINING PROPERTIES THAT C _D RESULT FROM THE STO iAGE OF LOGS AND LOG MATERIALS. THE RISK OF DAMAGE TQ THE CULVERTS AS A RESULT OF REPEATED CROSSINGS BY HEAVY TRUCKS WOULD NOT ONLY EFFECT PROPERTY OWNERS ON JEWELL LANE BUT OUTLINING AREAS AS WELL. IT IS OUR BELIEF THAT SUCH AN OPERATION BRONCO BE IN AN AREA CURRENTLY ZONED EITHER LIGHT INDISTRIAL ANDIOR COMMERCIAL, WE ARE THEREFORE ASKING THAT YOIJ DENY Mk. SANTES REQUEST FOR A SPECIAL USE PERMIT. DATE . PRINT IVAMIE, SIGNATURE �✓ 5 Le' �� 2>,A, ll) ADDRESS 'b� OS)ci: gid; { .kinet 1 IL aurzL (017- �_ 1 .zc.e'// Liu PETITION OF OPPOSITION AGAINST - DAVID A. SANTE ETAL 11 D P SPECIAL USE PERMIT f' C tt NW 1/4 NE 1/4, SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO THE PARTIES SIGNED BELOW ARE AGAINST THE APPLICATION OF DAVID A. SANTE FOR A SPECIAL USE PERMIT TO OPERATE A LOG BUSINESS AND THE CONSTRUCTING OF LOG HOMES AT THE LOCATION LISTED ABOVE ON JEWELL LANE. AS RESIDENTS AND/OR PROPERTY OWNERS ON JEWELL LANE WE DO NOT FEEL SUCH ON OPERATION IS CpNDU$IVE TO AN AREA THAT HAS LONG BEEN AND STILL IS BEING USED FOR FARMING AND THE RAISING OF LIVESTOCK. WE BFLIaVE THE EXISTING INFRASTRUCTURES CANNOT WITHSTAND THE ADDITIONAL TRAFFIC AND PASSAGE OF HEAVY TRUCKS TO BE USED TO TRANSPORT THE LOGS. IT IS FURTHER BELIEVED THAT THE PLACEMENT OF SUCH A AN OPERATION AGAINST THE MOUNTAINS WILL CREATE AN ECHO EFFECT AND THEREBY MAGNIFY THE NOICE GENERATED BY CHAINSAWS THERE 1$ ALSO CONCERN OF THE POTENTIAL OF A FIRE HAZZARD TO BOTH THE B.L.M. LAPID AND ADJOINING.PROPERT1ES THAT RESULT FROM THE'StORAGE OF LOGS AND LOG MATERIALS. THE RISK OF DAMAGE TO THE CULVERTS AS A RESULT OF REPEATED OS$INGS BY HEAVY TRUCKS WOULD NOT ONLY EFFECT PROPERTY OVVNERS ON JEWELL LANE BUT OUTLINING AREAS AS WELL. IT IS OUR BELIEF THAT SUCH AN OPERATION SHOULD BE IN AN ARBA CURRENTLY ZONED EITI-IER L1GF-IT INDISTRIAL AND/OR COMMERCIAL. WE ARE THEREFORE ASKING THAT YOU DENY ,g11R. SANIES REQUEST FOR A SPECIAL USE PERMIT. DATE PRINT NAME SIGNATURE ADDRESS �..► i . 4 _ O r6 yrs F + 11' illikW 4 Aft 1 PACM14, fi,Le ,f— ib, 1 Ab.. din WM' LAIL Ati. - ilh% Nillr ‘ 11110:VrAIDAPSAMIMIpro L 1�7�i IIV i t IrirMarAirrdAll.1111 /587 INT( tkulA 6b4o16 tiE( IN/0144 /4em 4egadiat 47u6 AAt'f- //42MiT.) gvitv Av i/477.-; /66- wo 6, tli#4064,0 aide> , let 61 444* /4/ /6,462V7/(„& hzett- it/ 4/00( h�, Rit Ria& /-& 4 igie4i &wok U,/.6 ,Z1,4 I/614e7 a 6, Lc 1,0J2 cute Liu_ "but- OA, i oVri CN- b el_ o- ct_. 0-0,6PLA- ,Cd_.&0 mo-wi-, F_AcAsin\P d l} -)b but gad W 6Lal 0)J -IL . +JOr)-al.co i L,0,2. 1.:00,4d- e-0 ) LA-)Seli,- ct-Aicb lbw flu_ buudD rnck eillcu'it 0 . J `-/D 2'6)16'4- 6))1tun"" rt-Lcct �ii-vp ^ �� Cil �"Q C �� homy bola_ k)-(t- ur. D'"' � in 1, �.vr��� airtc( w �L au-111AP- C J��ijijaij\ Cic awfuLiiie [IL-9 1,0.0 r numentec Lcnc Survey SICTfON 34, s1/7sE/4 SECTION 77 swi/'swi/ SECTIO\ 26 � Soutn, Rancc 92 West of the 6th County of Garfield, State of Colorado South C–C 1/16 Corner Section 27. Found BLM Standard Monument Set in 1993. r o� 0 oo ea N r7 S84'44'29 "E 1332.85' 39.630 acres cN c-LArzK South 1/4 Corner Section 27. Found Z" Standard Mon. W/Aluni. Cap, P.L.S. #10873 S85'08'09 "E 1329.68' 41.608 acres A--tx) I 1�� 1�5 N1/16 C–C Cor. Sectio s C k'\LE G� 34 Set #5 Rebar 8tso t'7 W/2" Alum. Cap. (:1?o)c o, N86.29'27"w 1333.32' 5E1/16 Section 27 Set #5 Rebar W/2" Alum. Cop. 3„9C,60.00S S84'44'29"E 1332.85' N 88'53'09"E TD 39.349 acres 1��. tt 1 c ti) .)-37C-) E1/16 Cor. Sections 27/34 Set #5 Rebar W/2" Alum. Cap. S85'08'09 -E 1329.68' 1339.12' South 1/16 Cor. Sections 26/27. Found BLM Stan. Monument Set In 1993 27 26 1339.52` 34 35 Section Corner Found Stan. Monument W/Alum. Cap, P.L.S. #16397 40.645 acres tik y„ NE1/16 Cor. Sections 34 Set #5 Rebar W/2" Alum. Cap. 41.795 acres 1337.73' N 87-50'16"W Center 1/4 Corner Section 34. Found Stan. Monument W/Brass Cap, P.L.S. #10871 of 1 N86'29'27"W 1333.32' 39.513 acres 588'39'13"W 39.877 acres yr 3: )7370 to r`� c Set #5 Rebar W/Plastic Cap. 847.70' ( 587'50'16"E East C–C 1/16 Cor. Section 34. Set #5 Rebar W/Alum. Cap. N87'50'16'W 490.00' N co 0 al N1/16 Cor. Sections 34/35. Set #5 Rebar W/2" Alum. Cap. Exception Tract / Book 245. Page 548 Found Rebar W/Plan. Cap, P.L.S. #3317 –+-1400'28'45"W 170.00' East 1/4 Corner Section 34. Found Stan. Monument W/Brass Cap, P.L.S. #10871 500 0 v SW1/16 Cor, Section 26, Found BLM Stan. Monument Set. In 1993 W1/16 Cor. Sections 26/35. Found BLM Stan. Mon. Set in 1993. 250 500 -...00 1 Inch = 500 Feet rvCo, I nc+ Professional Lorid Surveying Service: 214 Eighth Street, Suite #215 Glenwood Springs, CO. 81601 Phgn (um i; ?11. i? [nc; (970) 9?fi•- 3411 I' 1 L