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HomeMy WebLinkAbout1.0 Application• • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30 -28 -101(10)(a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, Section 2:20.49, the undersigned BRANNAN PROPERTIES, INC., respectively petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of a 21.16 acre tract of land into three (3) tracts of approximately 3.34, 5.85 and 11.97 acres each, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30 -28 -101(10)(a) -(d) and the Garfield County Subdivision Regulations for the reasons stated below: SEE ATTACHED LETTER SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information: A. Sketch map at a minimum of 1" = 200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right- of-way, and any proposed easements for drainage, irrigation, access or utilities. B. Vicinity map at a minimum scale of 1" = 2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community of municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve - NOT APPLICABLE; and H. Narrative explaining why exemption is being requested; and I. It shall be demonstrated that the parcel existed as described on January 1, 1973, or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it exists on January 1, 1973. J. A $300.00 fee must be submitted with the application. H:4RSV'AASWC"TWN3XM BRANNAN PROPERTI S, INC. B - C Petitioner 214 Eighth Street, Suite 300 Mailing Address Glenwood Springs, Colorado 81601 City State (970) 945-2823 Telephone Number • • BRANNAN PROPERTIES, INC. 214 8TH STREET, STE 300 GLENWOOD SPRINGS, CO. 81601 (970) 945-2823 January 19, 1995 Board of County Commissioners GARFIELD COUNTY COURTHOUSE 109 Eighth Street Glenwood Springs, Co. 81601 Re: Application for Exemption - 4039 County Road 335 Dear Commissioners: Pursuant to the Garfield County Subdivision Regulations, I respectfully apply to the Board of County Commissioners for the right to divide the above referenced parcel in the following manner. To create a parcel of 3.34 acres which is naturally divided from the remainder of the property by Garfield Creek and to receive an exemption to split the remaining acreage into two parcels consisting of 5.85 acres and 11.97 acres. This property has been owned by the applicant since 1971 and remains in the same configuration as when purchased, no application for exemption has been made during this period. The deed indicating this ownership is enclosed with the application. There is a permitted well on this property, a copy of which is enclosed with the application. The proposed lots will be served by a ISDS waste water system. No connection to a community water or sewer system will be sought for the property. Access will be from County Road 335. There currently exist many properties along 335 Road which are similar in size to what is proposed in this application. The granting of this application will not materially affect the character of the neighborhood. Yours truly, BRANNAN PROP RTIES, INC. Faye B. Faas Enclosures • • BRANNAN PROPERTIES, INC. 214 8TH STREET, STE 300 GLENWOOD SPRINGS, CO. 81601 (970) 945-2823 REFERENCE: APPLICATION FOR EXEMPTION - 4039 COUNTY ROAD 335, NEW CASTLE, CO. PROPERTY OWNERS WITHIN 200 FEET 1 6 4 GENE HILTON P.O. BOX 1274 LITTLETON, CO. 80160 274 1 2 0 KEN COLLINS 3839 335 ROAD NEW CASTLE, CO. 81647 0 8 6 RICHARD JOLLEY 1288 245 ROAD NEW CASTLE, CO. 81647 1 2 5 ViCKY SPENCER P.O. BOX 501 EMPIRE, CO. 80438-0501 1 0 6 MARY EDITH LOGAN P.O. BOX 2771 GLENWOOD SPRINGS, CC. 81602 2 01 STATE OF COLORADO - DIVISION OF WILDLIFE DENVER GO. MINERAL RIGHTS OWNED BY APPLICANT • • BRANNAN PROPERTIES, INC. 214 8TH STREET, STE 300 GLENWOOD SPRINGS, CO. 81601 (970) 945-2823 January 19, 1996 Mr. Don Zordel New Castle Fire District 5033 335 Road #120 New Castle, Co. 81647 Re: 4039 County Road 335 Dear Mr. Zordel: This letter is for the purpose of requesting a letter of approval from the fire district for the property referenced above. The legal description is attached to this letter. am applying for an exemption to create three parcels. The size of these parcels will be 5.85, 11.97 and 3.34 acres. A diagram is attached showing the proposed division. Your response is appreciated. Y urs truly, Faye B. Faas • • APPro4, 0 19 O Q N 85'30' S6 -E J Parcel 1 3.345 Ac.+/— Parcel 2 11.976 Ac. +/— -o 9 m O z P.O.B. Parcels 2 arid 3\ 46.5A sti S`)4 1. `' J 54 00 0 4, iv 255.78 oCi Parcel 3 5.855 Ac +/— cinity IVap ale: 1 ' = 2007 �r Approx. JJatvim e of River \l e r Flood 0335 coonkl I. SAMUEL LICENSED UNOEH THE ..• CORRECT A440 COUP!Elk CARFIELD cum. IN. SUCH PLAT WAS MADE I SUPERVISION ANC r.ORRF EASEMENT^> AND .TREE'. 1:4 cOMPIUNrr M of nF•� Irl 'MTNF5 , 928` Book 422 Page 582 EXHIBIT A WOOD — BRANNAN PROPERTIES INC. WARRANTY DEED .September 15, 1971. A tract of land situate in Lot 10 and the SWk of the SES Section 4, Township 6 South, Range 91 West, 6th P.M., lying south of the centerline of the Colorado River and north of the northerly line of the existing county road, more particularly described as follows, to -wit: Beginning .at a point of intersection of the west line of SWkSEk and the northerly line of the county road whence the W' corner of Section 4, Township 6 South, Range 91 West, 6th P.M. lies N. 58°26'51" W. 3111.46 feet; thence S. 57°37'53" E. 189.92 feet; thence S. 57°54'03" E. 163.93 feet; thence S. 65°33'46" E. 77.57 feet; thence S. 81°20'28" E. 45.96 feet; thence N. 55°06'04" E. 134.74 feet; thence N. 21°13'01" E. 77.73 feet; thence N. 20°52'05" E. 89.61 feet; thence N. 5°34'57" E. 63.54 feet; thence N. 71°34'24" E. 54.00 feet; thence N. 74°26'44" E. 628.33 feet; thence N. 01°02'59" E. 424.10 feet to the centerline of the Colorado River; thence S. 75°15'23" W. 192.81 feet; thence S. 85°30'56" W. 255.78 feet; thence N. 67°39'34" W. 394.62 feet; thence N. 61°26'03" W. 576.75 feet, (being a point of 'intersection of the centerline of the Colorado River with the west line of said Lot 10 as extended); thence S. 00°27'23" E. 1003.98 feet to the point of beginning, containing 21.27 acres, more or less. 5630 0 • ' ._ • 5600 �$ •• T. BM 5540 5 0 • II • 5600 6000 oo— r . � I • 111I .10 1 �� • Recorded at. 2:_� o'clock.1 • Reception No 251115 September All 1971 Ella Stephens, Recorder. Book 422 Page 581 This Deed Made this fifteenth da(w) y of September . 19 71 , between ROBERT M. WOOD County of Garfield rado, of the first part, and of the and State of Colo- BRANNAN PROPERTIES INC. RECORDER'S STAMP r.p'`��\971 SlitlE 6E1.11‘iu;iiilti ILE a corporation organized and existing under and by virtue of the laws of the State of Ca 1 iforn is • of the second part: WITNESSETH. That the said part y of the first part, for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration — — —DOLLARS to the said part y of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all of the following described lot or parcel of land, situate, lying and being in the County of Garfield ' and State of Colorado, to wit: See description attached hereto as Exhibit A and by this reference made a part hereof. 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 the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, 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 said party of the second part, its successors and assigns forever. And the said part y of the first part, for h imsel f heirs, executors, and administrators,do es covenant. grant, bargain and agree to and with the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha s 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 and encumbrances of whatever kind or nature soever, EXCEPT 1971 taxes payable in 1972 and reservations and exceptions contained in the United States patent and the above bargained premises in the quiet and peaceful possession of the said party of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF. The said party of the first part h: s hereunto set his hand / and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, County of Garfield The foregoing instrument was acknowledged before me this 1971 ,by RAl4pRT M. WOOD \V•7°.11';',"':,, t"�°lPe9,, My Commission expires Ocl. ] 3, 1971 .w• W.ITNJ "pan&apdrofficial seal. /4/111 [SEAL] day of September [SEAL] [SEAL] Notary Public. No. 952. WARRANTY DEED TO CORPORATION—For Photographic Record. —Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado --6-69 • • Book 422 Page 582 EXHIBIT A WOOD — BRANNAN PROPERTIES INC. WARRANTY DEED *September 15, 1971. A tract of land situate in Lot 10 and the SW k of the SES Section 4, Township 6 South, Range 91 West, 6th P.M., lying south of the 'centerline of the Colorado River and north of the northerly line of the existing county road, more particularly described as follows, to -wit: Beginning at a point of intersection of the west line of SWkSEk and the northerly line of the county road whence the Wk corner of Section 4, Township 6 South, Range 91 West, 6th P.M. lies N. 58°26'51" W. 3111.46 feet; thence S. 57°37'53" E. 189.92 feet; thence S. 57°54'03" E. 163.93 feet; thence S. 65°33'46" E. 77.57 feet; thence S. 81°20'28" E. 45.96 feet; thence N. 55°06'04" E. 134.74 feet; thence N. 21°13'01" E. 77.73 feet; thence N. 20°52'05" E. 89.61 feet; thence N. 59°34'57" E. 63.54 feet; thence N. 71°34'24" E. 54.00 feet; thence N. 74°26'44" E. 628.33 feet; thence N. 01°02'59" E. 424.10 feet to the centerline of the Colorado River; thence S. 75°15'23" W. 192.81 feet; thence S. 85°30'56" W. 255.78 feet; thence N. 67°39'34" W. 394.62 feet; thence N. 61°26'03" W. 576.75 feet, (being a point of intersection of the centerline of the Colorado River with the west line of said Lot 10 as extended); thence S. 00°27'23" E. 1003.98 feet to the point of beginning, containing 21.27 acres, more or less. ' W14:4 -b-74 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. COM ADO DIVISION 0 WATER RESOU. S 101 Co dine Bldg., 1845 Sherman St, Denver, Colora )203 PERMIT APPLICATION FORM ( ) A PERMIT TO USE GROUND WATER ( ) A PERMIT TO CONSTRUCT A WELL FOR: ( ) A PERMIT TO INSTALL A�PUMP (Xj REPLACEMENT FOR NO 1N/— /��O ( ) OTHER C011" �,� 2 1 �SSAM' ova. (1) APPLICANT - mailing address NAME��44//1/�� /n/i'� '/7G`S /X/C, STREET 9 �c CITY /1/Z 1if7 C,'s7-Z-Z- S���` (State) (Zip) (Zip) TELEPHONE NO 5 yrs (2) LOCATION OF PROPOSED WELL County AVL) %a of the 5 '/a, Section 4 Twp. 6 5 , Rng.% k/ G rN P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water ^� to be appropriated (acre-feet): Number of acres to be irrigated: 1 Proposed total depth (feet): "0 A3quifer ground water is to be obtained from: ( Z9Z/fli 5 Owner's well designation GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) (X) DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) (X) IRRIGATION (6) ( . 1'COMAA€RCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) (4) DRILLER Name C: n Street �`1 !) eo 72.1 // City C27/, (State) (Zip) Telephone No. 9Y5 ---5-7V Lic. No. 77 FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. ' S / 6 Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPROVED AS A RIFF CEMENT Ofi WELL NJ) 2 0 2 8 7 -F THE EXISTING WEED MUST BE PLUGGED AND ABANDONED ACCORDING TO THE REVISED AND AMENDED RULES AND REGULATIONS FOR WATER WELLAND PUMP INSTALLATION CONTRACTORS, THE ENCLOSED AFFIDAVIT MUST BE SUBMITTED WITHIN SIXTY (60) DAYS AFTER THE CONSTRU TION F• THE NEW WELL, AFFIRMING THAT WELL NoU 2 O 8 5-FWAS PLUGGED AND ABANDONED. WELL NO. ;,20 . _ 1= IS THE SAME WELL AS THE BRANNEN WELLvWHICH WAS DECREED IN CASE NO. W-1200. A/6• TOTALIZING FLOW METER MUST BE INSTALLED ON THE WELL DISCHARGE WHEN THE WATER IS PUT TO BENEFICIAL USE. DIVERSION RECORDS SHALL BE SUBMITTED UPON REQUEST TO THE DIVISION OF WATER RESOURCES ..�/�S' APPLICATION APPROVED r, Q 7 5 1 PERMIT NUMBER 0`�'0"-'�' DATE ISSUED NOV 2 61975 EXPIRATION DATE NOV 2 61976 D 5 - COUNTY "� -! !.5l THE LOCATION OF THE P SED WELL and Inc area on which the water will be used rte. indicated on the diary .1n) below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + —h— i——�—--a- +—--I- 110 1• - 1 MILE, 5280 FEET _i_NORTH_F 14.4 + + -I- ± + + - - 1 NUN IH?,tGI ION LINE Z---F — _ J a I 3 — + I i /I iI� i II m � D N -I m -i G�AcZa f / Q cnt ITU ccrrtrin LINE • -}- -� -+ 4 Ce 'y x.335 (6) F LL MUST BE LOCATED '- "- by c_es from section lines.s , c�; �/Bo_ p` ` -747,-Z-5 It. front sec. line 2 //"?//(norm or south) =z2 -0 ft. from •-%Yr9 sec. lit . (east or west) LOT_ AO BLOCK __. FILING u SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner'.,,✓';4.'As/ <l-lol• No. of acres Z z- . Will this be the only well on this tract? / S • The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (8) PROPOSED CASING PROGRAM Plain asing In. urn ! - ft to O ft in from Perfo, ated casing 7' ft to ft in. from ft. to c ft in. from ft. to ft WATER EQUIVALENTS TABLE (Rounded Figures) An . -re-foot covers 1 acre of land 1 foot deep 1 c.ui. for per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot :.. 43,560 cubic feet ... 325,900 gallons. 1,000 c'pm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLSoivedistance and direction from old well and plans for plugging it: to 77/ ,i«- c342 Cr fVL-/,/7' U? (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): b'r4/16N g/i 410/ -1Z. -CQ No. of acres' 14/5 �'.f'oM tv) c / ✓3'1.n1 G 4" t c: Sc=67 i -- Legal description:�(��. f 7 .527 Ltt• a'' �COGr4 -=e_Eu LI-. i IVNo; the use of g aund water r.N domestic wells must indicate type of dispcsa) system to be used. 226 —S 2-c (12) RTS. WATER RIGHTS used on this land• including wells. Type or right Used for (pi_ rpose) /e/ -4°S7- Are)/6'7.-;/e7/5/ , Description of land on which used ;j //e (M) THE APPLICANT(S) STATE(S) THAT THE. 'NFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. S/G ATURF. OF APPLICANT(S) - 543 334 IC5] 563 53,054 416,460 83 .000 '64 1 3a, 342 508 569 X55 7.8' 1 - 5540-;-.- .__ S 0- �T 1 6 59433__ 5F5-'."411 E 1,418,000 55432 58' 34,575 E E 1,419,000 E 1,420,000 506 539 334....--55' f yGi �' 505 r 63a 75$ 60 : .3.384 5S / E , 333 ^ /x554 `% 585 50 ____.2,..a„,,__ ,.._______3_______,----------- � __.--;,---------- .....- 80' • 535,070 • 1,419.75-7 606 5 635,379 E 1,421.141 408 5548.4 5548. 636,1070\ o E 1,420,663 0 553 35530- 3.• 5497.0 \. 563 5-35.8 5539 / 1100.4 -. 91N t 5520.71\f 55 583 632,947 ,416.317 59531.351 5501- 5E01 9 C.0 1490.3 300, 11 3 4 5.0053 55•._.5 .495.2 550. 566 33..00 '9 ,.1 9.940 ._ ✓�f iii• _ _ n 5 33.56,4 - .13,569 '5508.' }- s$ 55.E .5_6.3 -, 2,395 5511 '5232 587 5 532 5._ 384 •4 532,368 ,419,460 'a? 5508.5 260 5515.2_ LEGEND FLOOD PLAIN LIMITS l 100 YEAR T FL000 GROUND ELEVATION IN FEET �/40 = ' MEAN SEA LEVEL DATUM CONTOUR INTERVAL 2.0' CROSS SECTION • •4 CROSS SECTION CONTINUED 72 \ A St41wa .n IOOft. o2Irani IoMer 33.89 11mn INTERMITTENT STREAM HORIZONTAL CONTROL VERTICAL CONTROL PHOTO CENTER GRID POINT 100 YEAR FLOOD ELEV. 5280 oC-39 N0EX NUMBER FOR COLORADO RIVER MAPPING PROJECT SHEETS I-20 AND 23-29 'a TOPOGRAPHY COMPILED BY PHOTOGRAMMETRIC METNOOS FROM C.F L. VERTICAL AERIAL PHOTOGRAPHY TAKEN 509.15,16811. 1982. 84515 OF HORIZONTAL CONTROL: THE COLORA00 STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE. LAMBERT CONFORMAL CONIC PROJECTION. THE FOLLOWING (USC 8 G5 ANO /OR USGS) TRIANGULATION STATIONS WERE USED: CATHERINE 5008019A7E5 X. 1,516,508.42 7.581,255.78. GNAT -X.1,231,566.60 94523,643.10. BASIS OF VERTICAL CONTROL: USC & G5 SEA LEVEL DATUM BASED ON THE FOLLOWING BENCHMARKS: 0-456 ELEVATOR 6192.284. 4870.74P5 -ELEVATION 4869860. PREPARED BY ANALTTICAL SURVEYS,INC. 4167 SINTON ROAD. COLORADO SPRINGS, C0.00907. SHEETS 21 822 n COORDINATE SYSTEM IS THE MODIFIED COLORADO STATE PLANE COORDINATE SYSTEM,CENTRAL ZONE. LAMBERT CONFORMAL CONIC PROJECTION, THE FOLLOWING (USC BG AND USG51 '1551,.0 TRIANGULATION STATIONS WERE USED: DRY HOLLOW 01.395,77066 5.613,033.61, CASTLE 051,432,09481, 74623,300.73. ANTLER X'1,371,760.95, 5.630,478.31. BASIS OF VERTICAL CONTROL: USC BGS AND USGS. SEA LEVEL DATUM RASED ON THE FOLLOWING BENCHMARKS: RIFLE ELEV. 5319.199, NEW CASTLE ELEV.574782. TOPOGRAPHY COMPILED BY PHOTOGRAMMETRIC METHODS FROM 6" CFL VERTICAL AERIAL PHOTOGRAPHY TAKEN .AN.2, 1983. 2 COMPILED BY BELL MAPPING CO.,900 KAL4MATH 5T. DENVER CO. 590 9 588 432. . 715 jI 590 _ _ 56 "4 32.462 932.290 , _ .019. .,a.:. 946 3 •.-..,301611 530 632.3•`. 4,9.`59 ,9a • 32,528 .871 589 5 532.565 1 420.012 330 • 32.999 ♦ 9.339 53 433,210 ,419,556 506 533,004 .419.569 58' 532.979 ..19.6,4 X507 5566.2 507 633,562 ,420,552 807 532.327 27.894 NOTE Cunnll U.S. Amor Carat al En9we.33 9ayu'35 b5- :owed.* River Mon Slam Flood Plan 8oln4anes. - 421 000 SHEET STREAM INDEX MAP 64651713 REAM MAP SHEET PORCUPINE CR. I - 3 GARFIELD CR. 15-16 BEAVER CR 1 S 4 ALKALI CR. 17-18 MAMA( CR. 5 - 8 S. CANYON CR. 9-22 DRY HOLLOW CR 9 -10 CANYON CR 23-24 DIVIDE CR. 11 -14 ELK CR. 25-29 REVISION I DATE BY U. S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE FLOOD PLAINS FLOOD PLAIN MANAGEMENT STUDY COLORADO RIVER TRIBUTARIES IN GARFIELD COUNTY COLORADO 200 200 „o FEET SCALE SHEET 1 OF 2q