HomeMy WebLinkAbout1.0 ApplicationDate:
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Applicant: .. ` .i 4/0?"- (71./r/V2-5
Address of Applicant: 02- Ix / ' /e
Special Conditional Use:
SPECIAL/CONDITIONAL USE PERMIT
Legal Description: 5G�1 SETG ?7 / l�
Practical Description (location with respect to highways, county roads,
and residences):
Requirements:
1. Plans and specifications for proposed use.
2. Letters of approval from utility companies, sewage and
water. Road access and other information deemed necessary.
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. Notice including the name of the applicant, description of the
subject lot, a description of the proposed special use and time
and place for the hearing shall be given in the newspaper of
general circulation in that portion of the County at least
fifteen (15) days prior to such hearing time. Applicant shall
bear the cost of advertising.
6. A copy of Assessor's map showing property; and a listing of all
adjoining property owners of said property. Notice containing
information described under paragraph 5 shall be mailed to all
owners of record of these lots at least 5 days prior to the above
hearing by certified return receipt mail and the receipts shall
be presented at the hearing by the applicant.
7. A fee of $ 5) ) shall be charged for each application and
shall be submitted with the application.
8. Attach a copy of proof of ownership for your property. (Deed,
title insurance).
List all adjoining property owners of said property.
Notice shall be sent at least five (5) days prior to hearing by
return -receipt mail to all of the above noted persons. Mailing is the
applicant's responsibility and proof of mailing must be presented at the
hearing.
The above information is correct to the best of
my k wledge.
Applicant
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EXHIBIT A
Legal Description
All of the SE4SE4, Section 27, Township 5 South, Range 90 West,
of the 6th P.M., together with a strip of land ten (10) feet wide,
the centerline of which commences at the point on the North line
of Section 34 in the Township and Range stated, 1,000 feet West
of the Northeast corner of said Section 34 and proceeding in a
Southerly direction 1,000 feet West of the East Section line of
Section 34 and terminating at a point on the right-of-way line
of Highway 6 & 24, together with a ten (10) foot square parcel
adjacent to and West of the last Southerly ten (10) feet of the
above described strip.
• •
QUIT CLAIM DEED
THIS QUIT CLAIM DEED, made this 6th day of October 1988, between THE COLORADO
NATIONAL BANK OF DENVER, a national banking association organized and doing business
under the laws of the United States, Trustee under the Last Will of Henry P. Williams,
Jr., Grantor, and THE COLORADO NATIONAL BANK OF DENVER, as Testamentary Trustee for
Henry P. Williams Jr., whose address is P.O. Box 5168 T.A., Denver, Colorado 80217,
Grantee:
WITNESSETH, that Grantor, for and in consideration of Ten Dollars and other good
and valuable considerations to Grantor, in hand paid by Grantee, the receipt whereof
is hereby confessed and acknowledged, has sold and quit claimed and by these presents
does sell and quit claim unto Grantee, its successors and assigns forever, all of
the following lot or parcel of land situate, lying and being in the County of Garfield
and State of Colorado, to -wit:
All of the SE4SEk, Section 27, Township 5 South, Range 90 West,
of the 6th P.M., together with a strip of land ten (10) feet wide,
the centerline of which commences at the point on the North line
of Section 34 in the Township and Range stated, 1,000 feet West
of the Northeast corner of said Section 34 and proceeding in a
Southerly direction 1,000 feet West of the East Section line of
Section 34 and terminating at a point on the right-of-way line
of Highway 6 & 24, together with a ten (10) foot square parcel
adjacent to and West of the last Southerly ten (10) feet of the
above described strip.
Together with all and singular the hereditaments and appurtenances thereunto
belonging or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all of the estate, right, title,
interest, claim and demand whatsoever of Grantor either in law or equity, or, in and
to the above -bargained premises with the hereditaments and appurtenances;
TO HAVE AND TO HOLD said premises above bargained and described with the
appurtenances unto the said Grantee, its successors and assigns forever.
IN WITNESS WHEREOF, the Grantor has caused its corporate name to be hereunto
subscribed by its Vice President and its corporate seal to be hereunto affixed,
attested by its Trust Officer the day and year first above written.
THE COLORADO NATIONAL BANK OF DENVER, Trustee
under the /11 of Henry P. illiams, Jr.
By:
�S
Aaron Azari, Trust Officer
STATE OF COLORADO
) §§
CITY AND COUNTY OF DENVER)
Homer
. Hancock, Vice President
The within and foregoing instrument was acknowledged before me this 6th day of
October, 1988, by Homer L. Hancock, Vice President, and Aaron Azari, Trust Officer,
of The Colorado National Bank of Denver, Trustee under the Last Will of Henry P.
Williams, Jr.
WITNESS my hand and official seal
My commission expires: June 10, 1989
;)*(-4.A.:14 2. /1e-siv.e2e-e'10
Judith A. Comstock
c/o The Colorado National Bank of Denver
950 17th St.
Denver, CO 80202
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276068 Recorder
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DEED OF DISTRIBUTION
BY
PERSONAL REPRESENTATIVES (EXECUTORS) ”
THIS DEED is made by KATHRYN E. WILLIAMS and TETE COLORADO
NATIONAL BANK OF DENVER, as Executors of the Estate of Henry
P. Williams, Jr., a.k.a. Hank Williams, deceased, Grantors,
to ROBERT S. ZIMMERMAN and THE COLORADO NATIONAL BANK OF
DENVER, a national banking association organized and doing
business under the laws of the United States, as Trustees
under the Will of Henry P. Williams, Jr., as duly
tted
to probate in the District Court in and for GarfieldhCounty,
Colorado, No. 10-3482, on April 3, 1968, Grantees,
address is c/o Colorado National Bank, Denver, Colorado.
WHEREAS, the above-named decedent in his lifetime made
and executed his Last Will and Testament dated January 15,
1963, which Will was duly admitted to probate on April 3,
1968, by the District Court in and for the County of Garfield
and State of Colorado, Probate No. 10-3482;
WHEREAS, Grantors were duly appointed co-executors of
sal,' Estate on April 3, 1968, and are now qualified and
acting in said capacity; and
WHEREAS, the Grantees are determined to be the persons
entitled to distribution of the hereinafter -described real
property, and the Grantors are authorized and directed to
distribute the same to such Grantees;
NOW, THEREFORE, pursuant to the powers conferred upon
Grantors by Sections 15-12-711 and 906, C.R.S. 1973, as
amended, and the decedent's Will, Grantors sell, convey,
assign, transfer and release to Grantees the real property
described in Exhibit "A" attached hereto and by reference
made a part hereof, with all appurtenances.
Executed T -t144,3 -"t , 1976.
\,, ‘ t A 5,-)-a-s. L-') and
THE COLORADOJNATIONA BANK OF DENVER
DEC 28 076
'EST: By:
VIA III
anal Trust Officer
STATE OF COLORADO )
COUNTY OF GARFIELD )
SS.
Vice- resi ent and Trust O icer
as Executors of the Estate of
Henry P. Williams, Jr. a.k.a.
Hank Williams, Deceased.
The
foregAing i trumentAwas acknowledged
befNre me this
day of ylki", u("„
asCo-executor of the Estate of Henry P. Williams, Jr.
c;`.•'' WI-TN$$S my hand and official/seal.
‘-'M,L'dommission expires: /d./7J 0
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Notary Publ
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EXHIBIT "A"
SHANKS PLACE
The SEkSEk of Section 27; NWkNW4, E►NWk, W1/2NE4 and that
portion of the E1/4NE4 of Section 34, lying Northerly of the
Colorado River and Westerly of a line described as beginning
at the Northeast Corner of said Section 34; thence South
16°38' West 144 feet; thence South 22°09' West 233.1 feet;
thence South 4°57' West 180 feet; thence South 2°35' West
231 feet; thence South 5°45' West 94 feet; thence South
5°05' West 467.1 feet; thence South 1°18' West 256 feet;
thence South 79°23' West 103 feet; thence South 2°17' West
297 feet; thence South 6°07' East 166 feet to a rock; thence
South 6°07' East 30 feet to the water edge of the Colorado
River, all in Township 5 South, Range 90 West of the 6th
Principal Meridian.
Together with all water and water rights and ditches and
ditch rights belonging to or used in connection with the
above-described real property, and particularly, but not
exclusively, a proportionate interest in all ditch and water
rights connected with said land or used thereon as compared
with the total ditch and water rights heretofore used upon
the entire Tibbett^ and Sons' ranches, being an undivided
one-eighth interest in the Canon Creek Ditch and an undivided
one-eighth interest in the 3 cubic feet of water per second
of time allowed to flow therein under Priority No. 58,
together with an undivided one-fifth interest in the Tibbetts
Enlargement of the Canon Creek Ditch and'an undivided one-
fifth interest in the 1.5 cubic feet of water per second of
time allowed to flow therein under Priority No. 128-A, and
together with a right of carriage of water in the Prendergast
Extension and Enlargement of the Spion Kopp Ditch sufficient
to carry one-tenth of a cubic foot of water per second of
time, and also all of owner's right, title and interest in
the Miller and Prendergast Ditch and its water rights and
priorities.
Excepting therefrom that portion taken by petitioners as
described in documents recorded in the office of the Clerk
and Recorder of Garfield County, Colorado, as Reception No.s
255724 and 257131.
SAM CERISE, JR. PLACE
Township 5 South, Range 90 West, 6th P.M.:
Section 28: S1/2N1
NWkNWk
NWkNEk
VISA
NEkSEk
SWkSEk
Section 33: EkNWk
W►NEk
Together with all improvements thereon,•and all ditch and
water rights appertaining to or used in connection therewith.
Subject to reservations of oil, gas and other minerals in
warranty deed recorded in Book 391, Page 95, Document No.
239768 of the Garfield County Records.
aux 491 ?gE 772
STATE OF COLORADO )
ss.
COUNTY OF DENVER
The foregoing//instrument was acknowledged before me
this ''% (tday of,' l.' „• /, , A.D. 192/, by N. L.. MARKMAN,
Vice-president and Trust Officer, and e.
Personal Trust Officer, of the Colorado National Bank of
Denver, as Co-executor of the Estate of Henry P. Williams, Jr.
WITNESS my hand and official seal.
My commission expires: (
Notary Public
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COLORADO DEPARTM OF HIGHWAYS Local Jurisdiction: Garfield County
STATE HIGHWAY ACCESS PERMIT Dist/Section/Patrol: 38812
DOH Permit No.: 388106
Permit Fee: $75.00
Date of Transmittal: 8-18-88
THE PERMITTEE;
Trust of H. P. Williams
1270 240 Road
Glenwood Springs, CO 81601
is hereby granted permission to construct and use an access to the state highway at the location noted below.
The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit,
including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing
authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use
of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access
construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL,
DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be held
harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit.
LOCATION:
On the north side of State Highway 6, a distance of 2000 feet east
from Mile Post 109.
ACCESS TO PROVIDE SERVICE TO:
Sporting clays shooting range and a duplex.
OTHER TERMS AND CONDITIONS:
Permitted as constructed.
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SEP 2198`
_,-,i;;FIELD ; CU,. . ,
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
By (X) Not Required Date Title
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used. The permittee shall notify NA
with the Colorado Department of Highways in at
at least 48 hours prior to commencing construction within the State Highway right-of-way.
The person signing as the permittee must be the owner or legal representative of the property served by the permitted
access and have f 1.a horit to 5 -cc t the ermit and all it's terms and conditions.
Permittee (X) Date 1 /
-)0/.11,,--)v A(Chl 1 Pi
This permit is not valid until signed by a duly authorized representative of the State Department of Highways.
STATE OF COLORADO, DIVISION OF HIGHWAYS
ROBERT L. CL V NGE CHIEF ENGINEER
By (X) Date 8-29-88 Title Assistant District Engineer
(Date of issue)
COPY DISTRIBUTION:
Required; Make copies as necessary for;
1. District (Original) Local Authority./ Inspector
2. Applicant MICE Patrol Traffic Engineer
3. Staff ROW
Previous Editions are Obsolete and will not be used '
DOH Form 101
9/85
The following paragraphs are pertinen lights of the State r aighway Access Code. are provided for your convenience but
do not alleviate compliance with all se is of the Access Code. A copy of the State sy Access Code is available from your
local issuing authority (local government) or the State Department of Highways (Det:pent). When this permit was issued, the
issuing authority made its decision based in part on information submitted by the : ant, on the access category which Is
assigned to the highway, what alternative access to other public roads and streets is a. . ale, and safety and design standards.
Changes in use or design not approved by the permit or the issuing authority may cause th • revocation or suspension of the permit.
I Appeals
1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the
Department, an appeal must be filed with the Colorado Highway Commission within 60 days of transmittal of the permit for
permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Highway
Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons for the appeal and
may include recommendations by the permittee or applicant that would be acceptable to him.
2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If
agreement is reached, the Department, with the approval of the local issuing authority (if applicable), may revise the permit
accordingly, or issue a new permit, or require the applicant to submit a new application for reconsideration. Changes in the
original application, proposed design or access use will normally require submittal of a new application.
3. Regardless of any communications, meetings, or negotiations with the Department regarding revisions and objections to
the permit, if the permittee or applicant wishes to appeal the Department's decision to the Commission, the appeal must be
brought to the Commission within 60 days of transmittal of the permit.
4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority
(under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local
authority.
5. If the final action is not further appealed, the Department or local authority may record the decision with the County Clerk
and Recorder.
II Construction standards and requirements
1. The access must be under construction within one year of the permit date. However, under certain conditions a one year
time extension may be granted if requested in writing prior to permit expiration.
2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction. A copy of the permit shall
be available for review at the construction site. Inspections will be made during construction.
3. The access construction within highway right-of-way must be completed within 45 days.
4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of
the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing
authority and Department and included on the permit. The Department or issuing authority may order a halt to any
unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has
failed to meet required specifications of design or materials. If any construction element fails within two years due to
improper construction or material specifications, the permittee is responsible for all repairs.
5. In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the access shall be securely
braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire
removed are Department property and shall be turned over to a representative of the Department.
6. A copy of the permit shall be available for review at the construction site. If necessary, minor changes and additions shall be
ordered by the Department or local authority field inspector to meet unanticipated site conditions.
7. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway, and shall
not interfere with the drainage system in the right-of-way.
8. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a
permitted access, the work shall be accomplished by the permittee without cost to the Department or issuing authority, and
at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond
that which is allowed in the permit shall be repaired immediately.
9. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform
Traffic Control Devices for Streets and Highways. This may include the use of signs, flashers, barricades and flaggers. This
is also required by section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed
agents and employees shall be held harmless against any action for personal injury or property damage sustained by
reason of the exercise of the permit.
III Changes in use and violations
1. If there are changes in the use of the access, the access permit -issuing authority must be notified of the change. A change in
property use which makes the existing access design or use in non-conformance with the Access Code or the terms and
conditions of the permit, may require the reconstruction or relocation of the access. Examples of changes in access use are;
an increase in vehicular volume by 20 percent, or an increase by 20 percent of a directional characteristic such as a left turn.
The issuing authority will review the original permit; it may decide it is adequate or request that you apply for a new permit.
2. All terms and conditions of the permit are binding upon all assigns, successors -in -interest and heirs.
3. When a permitted driveway is constructed or used in violation of the Access Code, the local government or Department may
obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority.
IV Further information
1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a
completed permit application form with the issuing authority. The issuing authority may take action only on the request for
improvement. Denial does not revoke the existing access.
2 The i Prrnittee. his heirs, successors -in -interest, and assigns, of the property serviced by the access shall be responsible for
meoling the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though
deposited on the access in the course of Department snow removal operations. The Department shall maintain in
tfni iicor porated areas the highway drainage system, including those culverts under the access which are part of that system
within the right-of-way.
3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has
returned the permit signed and paid any required fees.
4. The Department may, when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, or
redesign the highway including any auxiliary lane.
5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with written
concurrence of the appropriate local authority, to be reconstructed or relocated to conform to the Access Code, either at
the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property
which results in a change in the type of driveway operation; or at the expense of the Department if the reconstruction or
relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or reconstruction shall
be determined by reference to the standards set forth in the Access Code.
•
P.O. Box 402 • New Castle, Co. 81647
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• •
August 25, 1988
Mr. Mark Bean
Garfield Planning Department Director
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Dear Mr. Bean:
We are writing in regard to the Sporting Clay business that
intends to open very close to our property at 43923 Highway 6 &
24.
We are very much in opposition to Sporting Clays opening
this close to our living residence and the residences of others.
Gun fire on. a regular basis will be irritating and disruptive to
our lives.
We are sports enthusiasts and in favor of private
enterprise, but we plan to strongly oppose this venture.
Sincerely,
1777
if
AUG 25 1988
GhRFIELU kAduivi �(
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and Dow Rippy