HomeMy WebLinkAbout1.0 Application111 111
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursusant 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
Robert F. Gillespie and Gloria respectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of 7.93 acre tract of land into 2 tracts of
approximately 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:
Applicants desire to exchange thi s_parcel for a similar
sized parcel on the adjoining property. Please see Exhibit G attached.
SUBMITTAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with
all the following information.
A. Sketch map at a minimum scale 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
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 or municipal water or sewer system
is proposed, a letter from the governing body stating a
willingness to serve; 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
existed on January 1, 1973.
J. A $100.00 fee must be submitted with the appli a ion.
Petitioner
Robert F. Gilles ie/Gloria S. Gillespie
7484 County Road 100
Mailing Adress
Carbondale". CO 81623
City
963-1717
Telephone Number
State
• •
EXEMPTION
APPLICABILITY
The Board of County Commissioners has the discretionary power to exempt a
division of land from the definition of subdivision and thereby from the
procedure in these Regulations, provided the Board determines that such
exemption will not impair or defeat the stated purpose of the Subdivision
Regulations nor be detrimental to the general public welfare. The Board
shall make exemption decisions in accordance with the requirements of
these regulations. Following a review of the individual facts of each
application in light of the requirements of these Regulations, the Board
may approve, conditionally approve or deny an exemption. An application
for exemption must satisfy, at a minimum, all of the review criteria
listed below. Compliance with the review criteria, however, does not
ensure exemption. The Board also may consider addiLonal factors listed in
Section 8:60 of the Subdivision Regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling
units will be created from any parcel, as that parcel was described in
the records of the Garfield County Clerk and Recorder's Office on
January 1, 1973, and is not a part of a recorded subdivision; however,
any parcel to be divided by exemption that is split by a public
right-of-way (State or Federal highway, County road or railroad) or
natural feature, preventing joint use of the proposed tracts, and the
division occurs along the public right-of-way or natural feature, such
parcels thereby created may, at the discretion of the Hoard, not be
considered to have been created by exemption with regard to the four
(4) lot, parcel, interest or dwelling unit limitation otherwise
applicable;
B. All Garfield County zoning requirements will be met; and
C. All lots created will have legal access to a public right-of-way and
any necessary access easements have been obtained or are in the
process of being obtained; and
D. Provision has been made for an adequate source of water in terms of
both the legal and physical quality, quantity and dependability, and a
suitable type of sewage disposal to serve each proposed lot; and
E. All state and local environmental health and safety requirements have
been met or are in the process of being met; and
F. Provision has been made for any required road or storm drainage
improvements; and
G. Fire protection has been approved by the appropriate fire district.
H. Any necessary drainage, irrigation or utility easements have been
obtained or are in the process of being obtained; and
I. School fees, taxes and special assessments have been paid.
(The School Impact Fee is $200.00 for each new lot created).
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms
provided by the Garfield County Department. of Development/Planning
Division. Two (2) copies of the application, maps and supplemental
information shall be submitted.
B. The Planning Division shall review the exemption request for
completeness within eight (8) days of submittal. If incomplete, the
application shall be withdrawn from consideration and the applicant
notified of the additional information needed. If the application is
complete, the applicant shall be notified in writing of the time and
place of the Board of County Commissioners meeting at which the
request shall be considered. In either case, notification shall occur
within fifteen (15) days of submittal.
• •
C. Notice of the public meeting shall be mailed by certified mail, return
receipt requested, to owners of record of land immediately adjoining
and within 200 feet of the proposed exemption, to mineral owners and
lessees of mineral owners of record of the land proposed for
exemption, and to tenants of any structure proposed for conversion.
The exemption site shall be posted clearly and conspicuously visible
from a public right-of-way with notice signs provided by the Planning
Division. All notices shall be mailed at least fifteen (15) and not
more than thirty (30) days prior to the meeting. The applicant shall
be responsible for mailiny the notices and shall present proof of
mailing at the meeting.
D. At or within fifteen (15) days of the meeting, the Board shall
approve, conditionally approve or deny the exemption request. The
reasons for denial or any conditions of approval shall be set forth in
the minutes of the meeting or in a written resolution. An applicant
denied exemption shall follow the subdivision procedure in these
Regulations.
WRJ-5-Rev. 76
Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
411 411
COLORADO DIVISION OF WATER
RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
PERMIT APPLICATION FORM
(X ) A PERMIT TO USE GROUND WATER
(X) A PERMIT TO CONSTRUCT A WELL
FOR: (x) A PERMIT TO INSTALL A PUMP
( ) REPLACEMENT FOR NO
( ) OTHER
WATER COURT CASE NO
(1) APPLICANT - mailing address
NAME Robert F. Gillespie
STREET 7484 County Road 100
CITY Carbondale, CO 81623
(State) (Zip)
TELEPHONE NO
963-1717
(2) LOCATION OF PROPOSED WELL
County Garfield
NW'/4 of the NE '/, Section 18
Twp. 7 S , Rng. 87 101 6th P.M.
(N,SI IE,W)
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm)
Average annual amount of ground water
to be appropriated (acre-feet):
15
1
Number of acres to be irrigated: Zero
Proposed total depth (feet):
300
Aquifer ground water is to be obtained from:
Tributary Cattle Creek
Gillespie
Owner's well designation Exempt #2 Parcel B
GROUND WATER TO BE USED FOR:
(X) HOUSEHOLD USE ONLY - no irrigation (0)
( ) DOMESTIC (1) ( ) INDUSTRIAL (5)
( 1 LIVESTOCK (2) ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
( ) OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name
Street
City
Colorado Licensed Driller
(State)
(Zip)
Telephone No. Lic. No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No
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.
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
BY
(STATE ENGINEER)
I D COUNTY
(5) THE LOCATION OF THE PROPPED WELL and the area on
which the water will be used must be indicated on the diagram below.
Use the CENTER SECTION (1 section, 640 acres) for the well location.
- ± — -+ — I a — —E — —[--
+
--
+ +- + + +
w
2
J
2
O
1-
U
w
N
1-
rn
w
4L 1 MILE, 5280 FEET
NORTH SECTION LINE
SOUTH SECTION LINE
m
rn
to
m
n
O
2
2
m
4
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
.- 1 - —
(6) THE WE MUST BE LOCATED BELOW
by distances from section lines.
4750
ft. from South sec. line
(north or south)
1600ft from East sec. line
(eas! or west)
Parcel B
LOT BLOCK FILING #
SUBDIVISION Gillespie Exempt #2
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner: Gillespie
No. of acres 4.035 (+—) Will this be
the only well on this tract? Yes
(8) PROPOSED CASING PROGRAM
Plain Casing
6 in from 0 ft to 150 ft.
6
in from 150 280
ft to ft
Perforated casing
6 in from 280 ft to 300 ft
in from ft to ft
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot 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 gpm pumped continuously for one day produces 4.42 acre-feet.
(9) FOR REPLACEMENT WELLS givedistance
and direction from old well and plans for plugging
it:
N 1 A
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): Robert F. Gillespie/Gloria S. Gillespie No. of acres:
Legal description: NEy4 NWy4 NEY+ Sec 18, Twp 7S, Rng 87W of the 6th PM
4.035 (+—)
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used.
Household Use Only, watering of non-commercial domestic stock,
Zero irrigation, County approved Septic Leach Field
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right Used for (purpose) Description of land on which used
None
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRU TO THE BEST OF HIS KNOWLEDGE.
SIGNATURE OF APPLICANI
Use additional sheets of paper if more space is required.
1
•
1
l
I
- - -1- - -
-
---i- - -
I
I
I
SOUTH SECTION LINE
m
rn
to
m
n
O
2
2
m
4
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
.- 1 - —
(6) THE WE MUST BE LOCATED BELOW
by distances from section lines.
4750
ft. from South sec. line
(north or south)
1600ft from East sec. line
(eas! or west)
Parcel B
LOT BLOCK FILING #
SUBDIVISION Gillespie Exempt #2
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner: Gillespie
No. of acres 4.035 (+—) Will this be
the only well on this tract? Yes
(8) PROPOSED CASING PROGRAM
Plain Casing
6 in from 0 ft to 150 ft.
6
in from 150 280
ft to ft
Perforated casing
6 in from 280 ft to 300 ft
in from ft to ft
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot 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 gpm pumped continuously for one day produces 4.42 acre-feet.
(9) FOR REPLACEMENT WELLS givedistance
and direction from old well and plans for plugging
it:
N 1 A
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): Robert F. Gillespie/Gloria S. Gillespie No. of acres:
Legal description: NEy4 NWy4 NEY+ Sec 18, Twp 7S, Rng 87W of the 6th PM
4.035 (+—)
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used.
Household Use Only, watering of non-commercial domestic stock,
Zero irrigation, County approved Septic Leach Field
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right Used for (purpose) Description of land on which used
None
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRU TO THE BEST OF HIS KNOWLEDGE.
SIGNATURE OF APPLICANI
Use additional sheets of paper if more space is required.
• SHIBIT F (2)
CARBONDALE FIRE PROTECTION DISTRICT
300 Meadowood Drive
Carbondale, Colorado 81623
(303) 963-2491
July 18, 1990
Robert F. Gillespie
7484 County Road 100
Carbondale, CO 81623
RE: Garfield County subdivision exemption
The property located at 7484 County Road 100 is located within
the Carbondale & Rural Fire Protection District.
Response time to the property is approximately 15 - 20 minutes on
good roads. Water supply to the property would be supplied by
the fire apparatus (approximately 5.000 gallons) responding from
the Carbondale fire station.
If you have any questions. feel free to give me a call at 963-
2491.
Sincerely yours.
9
Bill Gavette
Chief
Carbondale & Rural Fire Protection District
•111
EXHIBIT G
Narrative explaining why exemption is being requested:
Please refer to attached sketch map.
Applicants desire to trade (exchange) Lot X owned by applicants
and presently under your consideration for subdivision exemption,
for Lot A on adjoining property. Owners of Lot A are agreeable
to this exchange. (Owners of Lot A: Roger Wilde and David J.
Toinasetti).
Applicants desire to make this trade in order to provide
privacy for their residence and to acquire ownership of the
access road to the residence (access is presently had through
ownership of a legal roadway easement.)
) ' • -,
L./ / ////.
(ATTACHMENT - EXHIBIT G)
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7(
I\E
GARFIELD COUNTY
PLANNING DEPARTMENT
August 2, 1990
Office of the State Engineer
Division of Water Resources
1313 Sherman Street, Suite 818
Denver, CO 80203
RE: Gillespie Subdivision Exemption
Dear Sirs:
Please find enclosed for your review and comment an
application for a Subdivision Exemption for Bob Gillespie of
Carbondale. The applicant is proposing to split an 8 acre parcel
into two roughly equal pieces. Enclosed in the application is a
"Permit Application Form" for a household use only well to be
created by the proposed split.
This matter has been scheduled for a public meeting before the
Board of County Commissioners at their September 10, 1990 meeting.
Any comments on this matter would be appreciated prior to that
date. If you have any questions or need additional information,
please call our office.
Sincerely,
11
Andrew C. McGregor
Garfield County Planner
enc
ACM/bc
109 8TH STREET, SUITE 303
945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601
ROBERT F GILLESPIE
7484 COUNTY RD 100
CARBONDALE CO 81623
July 30, 1990
•
Board of County Commissioners of Garfield County
109 8th Street
Glenwood Springs, CO 81601
Commissioners:
Attached you will find, in duplicate, Petition for Exemption,
Check in the amount of $100, application fee, and supporting
papers as follows:
Exhibit A Plat prepared by Scarrow & Walker, Surveyors,
July, 1990, showing total acreage owned by
applicants and the four -acre parcel desired
to be subdivided.
Exhibit B U.S.G.S. quadrangle map, Carbondale, Colorado,
indicating location of property.
Exhibit C Copy of Deed showing ownership of property under
consideration.
Exhibit D Names and addresses of owners of record of land
immediately adjoining and within 200 feet of the
proposed exemption.
Exhibit E Data showing soil types and characteristics of
each type provided by the U.S. Soil Conservation
Service.
Exhibit F(1) Colorado Division of Water Resources - Permit
Application Form for exempt well, In -House Use
Only. This application has been discussed at
length with Division of Water Resources personnel,
(Glenwood Springs) and they feel it qualifies for
approval.
Letter from Carbondale Fire Protection District.
Exhibit F(2)
Exhibit G Statement of reason for exemption request.
Exhibit H Copy of Deed of parties from whom applicants
srcel
purchased property demonstrating that the p
existed as described prior to January 1, 1973.
Attachments
Sincere7y yours,
Robert F. Gillespie
•
•
70
36-Empedrado loam, 12 to 25 percent slopes. This deep, well drained
,LA)d k fP,s.
soil is on fans and v-cil-e-y—s-i4. It formed in alluvium and eolian material.
Elevation is 6,500 to 9,000 feet. The average annual precipitation is 15 to
18 inches, the average annual air temperature is 40 to 44 degrees F, and the
average frost—free period is 75 to 95 days.
Typically, the surface layer is brown loam 5 inches thick. The subsoil
is clay loam 35 inches thick. The substratum to a depth of 60 inches or more
•
6/85
is clay loam.
The soil is noncalcareous to a depth of 38 inches and
calcareous below that depth.
Included in this unit are small areas of similar soils with silt loam and
silty clay loam textures. Also included are small areas of similar soils
with darker, thicker surface horizons. Included areas make up about 15
percent of the total acreage.
Permeability of the Empedrado soil is moderate. Available water capacity
is high. Effective rooting depth is 60 inches or more. Runoff is medium,
and the hazard of water erosion is moderate.
This unit is used for rangeland and homesite development. If this unit
is used for irrigated crops, the main limitation is steep slopes. If
properly managed, this unit can produce 3.5 tons of irrigated grass hay per
acre.
/S6
31 --
The potential plant community on this unit is mainly western wheatgrass,
needleandthread, prairie junegrass, mountain big sagebrush, and Douglas
rabbitbrush. Other less numerous plants that characterize this site are
muttongrass, Letterman needlegrass, common snowberry, Utah serviceberry, and
antelope bitterbrush. The average annual production of air—dry vegetation is
about 1500 pounds per acre. If the range condition deteriorates, mountain
big sagebrush, Kentucky bluegrass, Douglas rabbitbrush and annual weeds
increase.
If this unit is used for homesite development, the main limitation is
slope.
This map unit is in capability subclass VIe, irrigated, and VIe,
nonirrigated. It is in the Deep Loam range site.
/57
• •
4/86
35--Empedrado loam, 6 to 12 percent slopes. This deep, well drained
soil is on fans, andkills. I.t formed in alluvium and eolian
materials. Elevation is 6,500 to 9,000 feet. The average annual
precipitation is about 15 to 18 inches, the average annual air temperature
is 40 to 44 degrees F, and the average frost -free season is 75 to 95 days.
Typically, the surface layer is brown loam 5 inches thick. The subsoil
is clay loam about 35 inches thick. The substratum to a depth of 60 inches
is clay loam. The soil is noncalcareous to a depth of 38 inches and
calcareous below that depth.
Included in this unit are small areas of similar soils with darker,
thicker surface layers. Also included are small areas of similar soils with
silt loam and silty clay loam textures throughout the profiles. Included
areas make up about 20 percent of the total acreage.
Permeability of the Empedrado soil is moderate. Available water
capacity is high. Effective rooting depth is 60 inches or more. Runoff is
medium, and the hazard of water erosion is moderate.
This unit is used for hayland and cropland.
This unit is well suited to hay and pasture. Grasses and legumes grow
well if adequate fertilizer is used. If properly managed, this unit can
produce 4 tons of irrigated grass hay per acre.
This unit is well suited to alfalfa and small grain crops. It is
limited mainly by steeper slopes in some areas. Limiting tillage for
seedbed preparation and weed control reduces runoff and erosion. All
tillage should be on the contour or across the slope. If properly managed,
this unit can produce 75 bushels of barley per acre.
The potential plant community on this unit is mainly western wheatgrass,
needleandthread, prairie junegrass, mountain big sagebrush, and Douglas
rabbitbrush.
Other less numerous plants that characterize this site are muttongrass,
Letterman needlegrass, common snowberry, Utah serviceberry, and antelope
bitterbrush. The average annual production of air-dry vegetation is about
1,500 pounds per acre. If the range condition deteriorates, mountain big
sagebrush, Kentucky bluegrass, Douglas rabbitbrush, and annual weeds
increase. These plants are dominant when the range is in poor condition;
therefore, grazing should be managed so that the desired balance of species
is maintained in the plant community.
This map unit is suited to hanesite development. The main limitations
are shrink -swell potential and slope. Shrink -swell potential can be
minimized by prewetting foundation areas. The steepness of slope is a
concern in installing septic tank absorption fields. Absorption lines
should be installed on the contour.
This map unit is in capability subclass IVe, irrigated, and IVe,
nonirrigated. It is in the Deep Loam range site.
•
•
6/85
87--Morval—Tridell complex, 12 to 50 percent slopes. This map unit
lm QS
is on alluvial fans and mountainside .I Elevation is 6,800 to 8,00 feet.
The average annual precipitation is 14 to 16 inches, the average annual air
temperature is 42 to 44 degrees F, and the average frost—free period is 85
to 95 days.
This unit is 55 percent Morval loam and 30 percent Tridell moderately
stony loam. The Morval loam is in slightly concave parts of the landscape.
Tridell moderately stony loam occupies convex positions. The components of
this unit are so intricately intermingled that it was not practical to map
them separately at the scale used.L Included in this unit are small areas of �•
S`ppCJA�,L�l�
riAn�ra.ace•. very stony loam and rock outcrops. Included areas make up about
15 percent of the total acreage.
The Morval soil is deep and well drained. It formed in alluvium
derived dominantly from basalt. Slope is 12 to 40 percent. Typically, the
surface layer is brown loam 7 inches thick. The upper 12 inches of the
subsoil is clay loam. The lower 4 inches is loam. The substratum to a
depth of 60 inches is loam. The soil is noncalcareous
to a depth of 19 inches,and_caicareous AntLmod-era-te-1y--elk e ow thirt
depth.
Permeability of the Morval soil is moderate. Available water capacity
is moderate. Effective rooting depth is 60 inches or more. Runoff is
medium, and the hazard of water erosion is moderate.
SZ
g7--
-
The Tridell soil isitsomewhat excessively drained. It formed in
alluvium and colluvium derived dominantly from basalt. Slope is 12 to 50
percent. Typically, the upper part of the surface layer is grayish brown
mode -e -t -.j stony sandy loam about 2 inches thick. The lower part is very
cobbly fine sandy loam about 7 inches thick. The upper 5 inches of the
underlying material is very cobbly fine sandy loam. The next 11 inches is
cobbly sandy loam. The next 12 inches is very stony fine sandy loam. The
lower part to a depth of 60 inches is very stony loamy sand.
Permeability of the Tridell soil is moderately rapid. Available water
capacity is low. Effective rooting depth is 60 inches or more. Runoff is
rapid, and the hazard of water erosion is high.
This unit is used for rangeland and firewood production.
The potential plant community on the Morval soil is mainly
needleandthread, western wheatgrass, muttongrass, prairie junegrass, and big
sagebrush. The average annual production of air—dry vegetation is about
1,500 pounds per acre. The potential plant community on the Tridell soil is
mainly Utah juniper, pinyon pine, galleta, bluebunch wheatgrass, and
bottlebrush squirreltail. The potential production of the native understory
vegetation in normal years is about 400 pounds of air—dry vegetation per
acre.
Mechanical treatment is not practical, because the surface is stony
and slopes are steep. Management practices suitable for use on this unit
are proper range use, deferred grazing, rotation grazing, and aerial
spraying for brush management. Slope limits access by livestock and results
in overgrazing of the less sloping areas.
53
r •
a •
g ---
The Tridell soil is suited to limited production of firewood. The
average annual production is 5 cords per acre. The average stocking rate is
150 trees per acre. Special care is needed to minimize erosion when
thinning and applying other forest management practices.
This unit is poorly suited to homesite development. The main
limitations are large stones and steep slopes.
This map unit is capability subclass VIIe, nonirrigated. The Morval
soil is in Deep Loam range site and the Tridell soil is in Pinyon -Juniper
woodland site.
259
v
EXHIBIT C
41111 '5
EL) ,�.t,6� U r,4Y9 rM E 2�f
21i,s Ji •
n
Reception No G... .. Recorder.
...........
............. o'clock ..�... bL_ .........a U L. �.. �.. LJZ ...........- � - -
R
THIS DEED, Made this 29th day of July
19 77 ,between OTTMAR ANTZE and HELEN JEAN ANTZE, husband
and wife,
of the County of Eagle and State of
Colorado, of the first part. and ROBERT F. GILLESP IE and GLORIA S .
GILLESPIE, of 734 Minturn Avenue, Glenwood Springs,
Colorado 81601
RECORDER'S STAMP
JUL Z91977
EAU DOCUMENTARY EEE
/0
of the County of Garfield and State of Colorado, of the second part:
WITNESSETH, that the said part ies of the first part, for and in consideration of the sum of
Ten dollars ($10.00) and other valuable consideration
to the said part les of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, have granted. bargained, sold and conveyed, and by these presents do
grant, bargain, sell. convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and
being in the County of Garfield and State of Colorado, to wit:
A part of Lot 14 in Section 18, Township 7 South, Range 87 West of the 6th Princip
dian, situate.in Garfield County, Colorado more particularly described as follows:
Beginning at the NE corner of said Section 18; thence along the North Section line
89°55'36" W. 1343.36 feet; thence S. J°08'53" W. 490.99 feet to the true point of
ning; thence S. 1°08'53" W. 310.0 feet; thence S. 89°53'13" W. 1035.69 fedt to the
Easterly boundary of the County road; thence along the County road, N. 17°46' W.
75.33 feet; dnd N. 12°22' W. 239.27 feet; thenc: N. 89°40'28 E. 1166.15 feet to t
true point of beginning.
SUBJECT TO; U.S. Patent reservations recorded in Book 92 at page 306; restrictions
as contained in instrument recorded in Book 416 at page 188; and easement as set
forth in document recorded in Book 315 at page 525.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, 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 ies of the first part. either in law or
equity, of, in and to the above bargained premises. with the hereditaments and ap1Jrtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said
parties of the second part, their heirs and assigns forever. And the said parties of the first part, for them-
selves , their heirs, executors, and administrators do covenant, grant, bargain and agree to and with
the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these pres-
ents they are well seized of the premises above conveyed, as of 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, bar-
gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former
and other grants, bargains, sales, liens, taxes, assessment and encumbrances of whatever kind or nature soevere
except taxes for the current year and burdens of special assessment districts,
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the said part ies of the first part hive hereunto set theirhand; and
seal the day and year first above written.
Signed, Sealed and Delivered in the Presence of "" r t [SEAL]
. OTTMAR ANTZE, h sband
[SEAL]
,J itis t/%/J
(SEAL]
`•ST'ATE OF COLORADO 1 HELEN JEAN NTZE, wife
J}ss.
_.;:....:..::,County of....Cori .].f:].d,
-The fn;;egging instrument was acknowledged before me this 29 th day of Ju 1 y
10 77,ttY .Ottmar Antze and Helen Jean Antze, husband and wife.
Itty'commission expires ,-�«=!. • 7 , 19 <{l. Witness my handand official see,
Notary I'ublle.
No. 921. WARRANTY DEED To Joint Tenente.--11rndtord Rubli.hint Co., 182116 Stout Street, Denver, Coloredn 1073.50111
1 1-teri-
S.
egin-
e
II
•
EXHIBIT D
Names and addresses of owners of record of land immediately
adjoining and within 200 feet of the proposed exemption:
Roger Wilde and David J. Tomasetti
2191 E. Sopris Creek Road
Basalt, CO 81621
Daniel J. Hogan and Ann V. Hogan
American Embassy
APO, New York 09038
William N. Sherwood and Lyn Sherwood and Daniel A. Sherwood
761 N. 75th
Seattle, WA 98103
William Teague and Diane E. Clark
4294 County Road 103
Carbondale, CO 81623
Bureau of Land Management, Attn: Are Manager
50629 IIS Highway 6-24
Glenwood Springs, CO 81601
n,k
R 416
Page 188
Recorded at. 3: 25... clock- P • M.,
Reception No. -2.486.1+
Janus 2,14_1 »•».».» • EXHIBIT H
iii
Chas,-S1,KsaRaft corder,
TRIS DEED, Made this llth day of January ,1971
between
EDITH W. SHENEMAN and DELMAR F. LAWRENCE
of the County of Garfield
Colorado, of the first part, and
OTTMAR ANTZE and HELEN JEAN ANTZE
of the County of Garfield
Colorado, of the second part:
and State of
and State of
FILING STAMP
STATE DOCUMENTARY FEE
JAN 1 1971
CO
• '1
WITNESSETH. that the said party of the first part, for and in consideration of the sum of
TEN ( and other valuable consideration) DOLLARS
and other good and valuable considerations to the said party of the first part in hand paid by the said parties of the
second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed,
and by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their
heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or
parcel of land, situate, lying and being in the • . County of Garfield and State
of Colorado, to wit:
•
A part of Lot 14 in Section 18, T. 7 S . , R. 87 W. of the 6th P.M. , situate in
Garfield County, Colorado more particularly described as follows: Beginning
at the NE corner of said Sec 18, thence, along the N. Section line S. 89°55'36"
W. 1343.36feet; thence S. 1°08'53" W. 490.99 feet to the true point of Beginning;
thence S. 1° 08 53" w. 310.0 feet; thence S. 89°53'13" W. 1085.69 feet to the
Easterly boundary of the County road; thence along the County road N. 17°46'
W. 75.33 feet; and N. 12°22' W. 239.27 feet; thence N. 89°40'28" E. 1166.15
feet to the true point of beginning containing 7.98 acres more or less, together
with an easement for ingress and egress to said property along the Public Service
Company of Colorado transmission line easment,lout not on said easement)
twenty feet in width running on a line S. 44°22'17" ac across Lot 14 in Section
h c oases
18, Twp 7. S. R nge 87 W. of the 6th P.M. from the Y road
said Lot 14 to the property hereby conveyed. Said easement shall be used and
maintained by both grantors, grantees and their successors or assigns.
_ _ .,,,,. ...,... w. .v...w. »..0 vr..c• 6aauw. vaS5a.uo, aoaca, ueua, .
taxes, assessments and encumbrances of whatever kind or nature soever, rights of way and easements
for roads, ditches, pipelines and utility lines , including power line right-of-way
recited in Affidavit recorded in Book 315 Page 525 and reservations contained in U.
S. Patent recorded in Book 92 at Page 306 and the Protective Covenants attached
hereto as Exhibit A and made part hereof
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the
survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons
lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT
AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF the said party of the first part has hereunto Bet his hand and seal the day and year
first above written.
Signed, Sealed and Delivered in the Presence of
,,,o^S }tAN114FicOLORAD0,
,........G uity'6 Garfield
Tho foie oifig,3n$tl•timuni•. ie+ acknowledged
•
by Eaitti Vs -2 S,heiz'eman :and Edith W.
for.N Delmar' F=:=;Lawrence
My CummlsioU)xp)roS t M ay 10
[SEAL]
As attorney under Power of Attorney
for DELMAR F. LAWRENCE [SEAL]
ecti;r2: „P.e. 0t et:a [SEAL]
1 U.
before me this llth day of January . 19 71
Sheneman as attorney under Power of Attorney!,
•
•
. 19 74 . Witness my hand and official seal.
Notary Public
No. 921A. WARRANTY DEED.—To Joint Tenants:Bradford Publishing Cu., 162146 Stout Street. D , Colorado -6.69
•!f by natural person or persona here Insert name or names; If by person acting in representative or official capacity or as atturncydn•faet.
,t • r. r -ert p:,t,.e of Pe raun a. executor, attorney-In-fuct or other r r..city or de.erlption; if by officer of corporation. then insert name of such
. - , , rr. ,., . -}, r,......, t • it flntut•. ry Art nr,w le.lcn ent• Sec. 1114-6-1 C.lornd0 ltrrl.d
•
Book 416
Page 189
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 party 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 parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his
heirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the
second part, their heirs 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 has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner
and form 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, rights of way and easements
for roads, ditches, pipelines and utility lines, including power line right -of --way
recited in Affidavit recorded in Book 315 Page 525 and reservations contained in U.
S. Patent recorded in Book 92 at Page 306 and the Protective Covenants attached
hereto as Exhibit A and made part hereof
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the
survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons
lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT
AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF the said party of the first part has hereunto set his hand and seal the day and year
first above written.
Signed, Sealed and Delivered in the Presence of
edY ��v --"'t-•-1-1 [SEAL]
As attorney under Power of Attorney
for DELMAR F. LAWRENCE [SEAL]
t<'.r llC 4-.,7f' • dL.LC!� 4nneasi I [SEAL]
The foeoi.nst�nienE.wuspcknowl
edged before me
e t
his 11thr-gu\.......Counyof Garfield,,,1:• -,. c:v.";,o`STAEi4F/COLORADO, J 88. day ofjanuary 19 71 ,
by* Edi-fri W S,herl;eman and Edith W. Sheneman as attorney under Power of Attorney
for., Delmar F:- Lawrence
My Comnpigsionexpjres.i ; May 10 , 19 74 . Witness my hand and official seal.
!", is ?
Notary Public
No. 921A. WARRANTY DEED.—To Joint Tenants.—Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado -6-69
•If by natural person or persona here insert name or names; if by person acting in representative or official capacity or as attorney-in-fact,
then insert name of person as executor, attorney-in-fact or other capacity or description; if by officer of corporation. then insert name of such
officer or officers, as the president or other officers of such corporation, naming It. Statutory Acknowledgment, Sec. 118-6-1 Colorado Revised
Statutes 1963.
•
Book 416
Page 190
PROTECTIVE -COVENANTS
EXHIBIT "A"
1. The land conveyed herewith shall not be used or occupied in any
manner contrary to the applicable Garfield County, Colorado zoning regulations
nor shall it be used or occupied for any commercial, business or trade purpose
other than agriculture.
2. The tract of land conveyed hereby containing seven acres , more
or less shall not be resubdivided into smaller lots or tracts of less than three
and one half acres and no more than two houses shall be build upon the
conveyed hereby. land
3. No mobile home, trailer or other type of dwelling or building
other than a permanent house or dwelling and necessary outbuildings shall
be placed on the land conveyed hereby, provided, however that during actual
construction of any improvement on this
propertynecessary
for the storage of material and temporary dwellig� of the ownersmporary may bebuildings maintain
by the persons doing the construction and the owners. ed
�%/ )Y k _�., L `eV ��,✓ 'gyp .�,!v „n•:�t. r. ,
,
• S
1b9
�Jn
NOT 'A
� 5f
ShoZ
NOH
Form
G
c
APPLICANT
OFFICE OF Tl TATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
•
LI C
WELL PERMIT NUMBER 1 5s543
5 23 38
DIV CNTY WD DES. BASIN MD
ROBERT F GILLESPIE
7484 CO RD 100
CARBONDALE, CO 81623
PERMIT TO CONSTRUCT A WELL
APPROVED WELL LOCATION
Cp�NTY GARFIELD
NW NE 18
7 S 1/4 187 ySection
Twp , Range P.M.
DISTANCES FROM SECTION LINES
4 /bU South
1600 Ft. from East Section Line
Ft. from Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDMONS 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 pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a residential site of 4.035 acres described as
lot B, Gillespie Subdivision Exemption, Garfield County.
The use of ground water from this well is limited to ordinary household purposes inside a single family dwelling and
the watering of the user's noncommercial domestic animals. The ground water shall not be used for irrigation or
other purposes.
The return flow from the use of the well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
The maximum pumping rate shall not exceed 15 GPM.
This well shall be constructed not more than 200 feet from the location specified on this permit.
722• m• /0-22—yo
OWN
F
R'S C�PY
ROVED:
Receipt No.
0316304tate
DATE ISSUED
OCT 23 1990 EXPIRATION DATE OCT 2 3 1992
GARFIELD COUNTY
DEPARTMENT OF BUILDING SANITATION AND PLANNING
April 6, 1990
Robert & Gloria Gillespie
7484 C.R. 100
Carbondale, CO 81623
Dear Mr. & Mrs. Gillespie:
Based on the information you provided in your March 22, 1990 letter
and consultation with Don DeFord, Garfield County Attorney, it
-appears that your proposed land trade will require someone to go
through an exemption from the definition of subdivision. I will
explain the options available to you in this letter.
One option would be for Mr. Tomasetti and Mr. Wilde to vacate or
not complete the exemption which they previously had approved. At
that time you could adjust the boundaries of your properties to be
consistent with the configuration you proposed. Mr. Tomasetti and
Mr. Wilde could then apply for an exemption on the new parcel. The
reason for this procedure is that the new lot configuration would
result in different configuration than previously, which could
result in different comments from neighbors and/or review agencies.
Another possibility may be for you to request approval of an
exemption on your property and then exchange with Messrs. Tomasetti
and Wilde. This assumes that you would be able to meet the
criteria necessary to qualify for an exemption. I could not
remember whether or not you could qualify.
These options are not impossible but Mr. DeFord did not think that
there were any administrative options. If you have any further
questions, feel free to call or write to me, at your convenience.
Sincerely,
GM/_;1126r`---
Mark L. Bean, Director
Regulatory Offices and Personnel
MLB/emh
XC: David Tomasetti
109 8TH STREET, SUITE 303
945-8212 / 625-5571
GLENWOOD SPRINGS, COLORADO 81601
r•TIRFRT F GILLESPIE
84 COUNTY
CAR90NDALE COD 100
I
4162_3
963-1717
ONIC-r
March 22, 1990 r'.
' MAR 2' ogo
Mark Bean, Director
G/jf! 4th; t.,
Garfield County Building, Sanitation and Planning
109 8th Street, Garfield County Courthouse
Glenwood Springs, CO 81602
Dear Mr. Bean:
Please refer to the attached plat which identifies the property
which I own (7.98 acres) and upon which
Adjoining my residence is situated.
David J.gTomasetttirand1Rogers a 2W9lde,4 ridentifiede tract nend theby Messrs.
a
"Tomasetti Subdivision." The Tomasetti Subdivision has lbeen
s
divided into three lots of approximatel 4
identified as Lots A, B and C. y 1/3 acres each,
from County Road 100 byAccess to Lot A is provided
Lotsfrom BC and C an existing road easement. Access to
is off County Road 170 by means of an easement
grant across a strip of BLM land. Access to Lot X flows from
Lots B and C which it adjoins.
I have proposed to Messrs. Tomasetti and Wilde that we exchange
a 4 -acre part of my property (identified on the plat as Lot X
for their Lot A. The owners of the properties described
indicate their agreement with the herein
their signatures below.
)
Pr°Posed property exchange by
Please advise what procedural steps must be taken to obtain
County approval of this property exchange.
Thank you.
GILLESPIE PROPERTY
Robert F. Gillespie
Attachment
TOMASETTI SUBDIVISION
J. Tomasetti
Roger Wilde
Beginning at the corner common co oecClVub ',u,1,, Qilu
2248.86 feet to a point on the Northerly line of a parcel of land containing 7.98
acres, more or less; thence N. 44°22'17" W. 226.20 feet along said centerline; thence
N. 13°00'33" E. 118.72 feet along the centerline of said 20 foot road easement; thence
N. 44°22'17" W. 145.00 feet along the centerline of said 20 foot road easement;
th
N. 10°00'00" W. 9.31 feet, more or less, along the centerline of said 20 foot .roadence
easement to a point on the Southeasterly right-of-way line of a County R9ad as.
constructed and in place.
SCARROW AND WALKER/KKBNA INC.
February 6,1978 204 8th Street.
Glenwood Springs, Colorado
c5.7. % i/ CJS 7/:t/H . /-7/1/.
�< TOMISETTI 5081)W/510N - 12.94 AC,4CS
N._ _t
or,
Ex/sTiNQ
LOT A
A• i
,-V4'4'- L •/ 7 •i% '
2Z6.Lo -
641
A/. 1-3 33 6
›I
LoT
�5G
5. 77°' zae
�!,9 fir5".
(IG ILLEspIL
rbc>iptJ4c
,c
414
C
6'
Q.
79= cc
1'• Gi�.�L5Pic- P,2vPc Ty
'./ ,7•1.-6.
tr.
r
o fir/ rr0
�a✓� dor
o% o
LoT X
4.
11)
7,96 Acie.4.rs
SC.ULE / C;)67/A/C/-/ 79FE4--T
NOTES:
This Map was prepared from documents
on file in the Clerk and Recorders
office of Garfield County, Colorado,
and from a Map prepared by Merritt
P. Dismant, L.S. Number 10097; also
field observation as to the easement
access location.
\ 7
IT)
1
NJ-o-r- S17...5 AND Gi4-1. PIC
ke..09cocC -- No -r To Sc4L=.
3-zl-go
GARFIELD COUNTY COLORADO
A strip of land 20 feet in width to be used for a roadway easement situated in Lot 14
of Section 18, Township 7 South, Range 87 West of the Sixth Principal Meridian, lying
partially within the Public Service" Company Easement -in said Lot' 14',--being-10-feet-on----
each side of the following described line:
Beginning at the corner common to Sections 7,8,17, and 18;' thence S. 77°13'20" W.
2248.86 feet to a point on the Northerly line of a parcel of land containing 7.98
acres, more or less; thence N. 44°22'17" W. 226.20.feet along said centerline; thence
N. 13°00'33" E. 118.72 feet along the centerline of said 20 foot road easement; thence
N. 44°22'17" W. 145.00 feet along the centerline of said 20 foot road easement; thence
N. 10°00'00" W. 9.31 feet, more or less, along the centerline of said 20 foot road
easement to a point on the Southeasterly right-of-way line of a County Rpad as.
constructed and in place.
February 6,1978
SCARROW AND WALKER/KKBNA, INC.
204 8th Street.
Glenwood Springs, Colorado
ROY ROMER
Governor
• of cot10o
i1,39d
o
is
/8
76
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street -Room 818
Denver, Colorado 80203
(303) 866-3581
September 7, 1990
Mr. Andrew C. McGregor
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Dear Mr. McGregor:
JERIS A. DANIELSON
State Engineer
t_ 1"1990
Re: Gillespie Exemption
NW1/4 NE1/4, Sec. 18, T7S, R87W
We have reviewed the above referenced proposal to split a 7.98 acre tract
into two parcels. The proposed 3.98 acre lot would be served by an existing
well (Permit No. 93286). The conditions of approval do not prohibit the
issuance of an additional permit.
We could issue an additional household use only well for the proposed 4.0
acre tract. Since a well permit would be available, we can recommend
approval. The availability of a well permit and our recommendation for
approval is subject to the following conditions:
1 The property has not been previously subdivided or exempted since
1972. We consider this as a one-time exemption and will not make
additional permits available for future splits of either tract.
2. The well permit which will be available will be limited to use inside
one single-family dwelling only. Outside use for lawn and
garden
irrigation is prohibited. Plat notes and covenants should reflect
this limitation.
3. The applicant should provide proof that an evaporative wastewater
system will not be required. We could not issue the well permit if
any evaporative system is required.
4. Prospective lot purchasers should be made aware of the limitations on
water use and other information contained in this letter. We
recommend that a copy of this letter be given to lot purchasers and
submitted with the well permit application.
Please let us know if you have any questions.
JCM/clf:3024I
cc: Orlyn Bell, Division Engineer
Bruce DeBrine
Sicerely,
('.ao-2-e.iir6;,,,,gii--).
James C. McDanold, P.E.
Senior Water Resources Engineer