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HomeMy WebLinkAbout1.0 Applicatione BEFORE THE BOARD OF COUNTY COMMISSION ERS 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 v14 ; c 1~ 4 e a- d TJ )<e JA- c141 respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of a_ "4/4 6 8 acre tract of land into O tracts of approximately _ +a.3y 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: — We of, ' ,n, C. AZe.'v. 6 4eten.42 ou r owk (-o€ f-- wa• PaQ i cic� �t� (11,4e1" 04— 2 COST• tom/ Wim[ () ror.�i m -tip vJ 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; ✓l3. 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 ofmineral 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 fin rotection 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; \124. 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. A $300.00 fee must be submitted with the application. titioner 1122 (OG 1z ce Mailing Address Ca -t - e GG Fel 6 23 City State -303 - ?63 — 7?Y9 CA-) (163-2/Filic) Telephone Number • • 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 additional 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 Board, 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; and 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 (3)) days prior to the meeting. The applicant shall be responsible for mailing 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. CARBONDALE & RURAL FIRE PROTECTION DISTRICT 300 MEADOWOOD DRIVE CARBONDALE, COLORADO 81623 303-963-2491 To: Michael Kennedy c/o Climbing Magazine 1101 Village Road Carbondale, Colorado 81623 1-3-94 Dear Mr.Kennedy: This letter is in reference to your inquiry as to whether your home is located in the Carbondale Fire District. Your residence on County Road 109 is within the Carbondale & Rural Fire Protection District boundaries. The District provides fire protection and Emergency Medical Services to your residence. If I can be of further assistance to you, please give me a call at the station. Thank you. Sincerely, Rob Goodwin Assistant District Chief Carbondale & Rural Fire Protection District Date: To: From: 1 January 17, 1994 Board of County Commissioners, Garfield County, Colorado Michael and Julie Kennedy 1122 106 Road Carbondale CO 81623 (303) 963-9449 (w) (303) 963-2188 (h) Please find enclosed our petition to divide the Kennedy property, Section 28, Lot 25, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado, into two tracts of approximately 2.34 acres each. We are requesting this exemption because we don't need all 4.68 acres for our own house, and we would like to spread out the cost of the well, septic system, electricity, and other improvements over two lots. We have secured an adequate source of water (see attached water contract with the West Divide Water Conservancy District), and will comply with all applicable county and state regulations for the installation of a septic system for each lot. All state and local environmental health and safety requirements will be met. Thank you for your attention to this petition. Respectfully yours, 14 kftfiv...,� CJ Michael P. Kennedy Julie A. Kennedy p f o -a, • iPC, s C , 'c' E.1.- n V._ \110' - • V O 0 co 0 0 n O D 0 0 0 0 co W ZS8-£96-£0£ 7 .(3N0.(S / 3-7) 314/00 .2N • o� 4 V• 660 o. ----o --� �J— [� A ------'g t- --r-_ opp o 0 Si. ° 3 o pp X A n o N n rt— r I3 rb • 31) p m � Io3' _ o o�F X 0 / -000 23 "66 25 .1, —66 26 "65 {RIVER 1 l7, Wever' :til "64 T. 7 S T. 8 S. "62 570 000 FEET "61 39'22'30° 107°15' '01• 1510 000 FEET Mapped, edited, and published by the Geological Survey Control by USGS and NOS/NOAA Topography by photogrammetric methods from aerial photographs taken 1960. Field checked 1961 Polyconic projection. 1927 North American Datum 10,000 -foot grid based on Colorado coordinate system, central zone 1000 -meter Universal Transverse Mercator grid ticks, zone 13, shown in blue Fine red dashed lines indicate selected fence and field lines where generally visible on aerial photographs. This information is unchecked To place on the predicted North American Datum 1983 move the projection lines 5 meters north and 53 meters east as shown by dashed corner ticks 0 • liiM /1/ wt+6239 6'a p0• - . 6/70 •35 • Whits, F- 67,S- Whit 131 •\, t �' •h\ 677 1 Calb/,/1Ie.1 Ceeo "l Gavel n L 626 10/ ,1 ') l(I .; yr 05 1°23' I 25 MILS MN 12° 213 MILS UTM GRID AND 1987 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET 12'30° F626 10 REDS7ONE1 /5 MI. MARBLE 27 MI. t., 6.0 fl 311 (MOUNT 1562 . SCALE 1 t n 1000 0 1000 2000 30, 1 .5 r CONTOUR INTE.- DOTTED LINES REPRESE NATIONAL GEODETIC VE THIS MAP COMPLIES WITH NATI( FOR SALE BY U. S. GEOLOGICAL SURVEY, DENVE A FOLDER DESCRIBING TOPOGRAPHIC MAK- Reception No. LiV • 2' arded at 440 A ck 79- WARRANTY DEED TIIIS DEED, Made this 2ND day of SEPTEMBER JEROME C. PRANSKY AND MARY LOU PRANSKY of the said County of and State of COLORADO MICHAEL P. KENNEDY AND JULIE A. KENNEDY Recorder. whose legal address is 1122 106 ROAD, CARBONDALE, CO 81623 of the said County of GARFIELD and State of COLORADO , 1993 , between , grantor, and SEP 0 3 1993 GARFI EW State Doc. Fec /05- ., DOC FEE $15.50 , grantees: WITNESS, that the grantor, for and in consideration of the sum of good and valuable consideration and ten DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. SECTION 28: LOT 25 EXCEPTING therefrom that portion conveyed to the Department of Highways, State of Colorado described in Special Warranty Deed recorded October 2, 1968 in Book 397 at page 90 as Reception No. 241869. COUNTY OF GARFIELD STATE OF COLORADO Together with an easement and right of way along an unimproved road for ingress and egress as described in Easement Agreement recorded November 1, 1983, in Book 638 at Page 226 as Reception No. 347060. as known by street and number as: 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 what- soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO IIAVE AND TO IIOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, 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, has 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 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 real property taxes for the year 1993, not yet due or payable and those items set forth on Exhibit "A" attached hereto. The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular numb r shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IIWITNESS WHEREOF, the tor has executed this deed on the date - th above. JEROIMI C. PRANSKY State of COLORADO ) ) ss. County of ZI::.6/IP g.. ) The foregoing instrument was acknowledged before me this 1ST day of SEPTEMBER ,19 93 , by Jerome C. Pransky and Mary Lou Pransky My commission expires COI/ 9/7 c ,:k� "F�Itit . Witness my hand and official seal___ Notary Public Stewart Title or Glenwood Springs - File No. 93021659i n � '1 No. 921A WARRANTY DEED (To Joint Tenants)i •. • EXHIBIT "A" Boox0874 r AG; 473 Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded November 16, 1961 in Book 337 at Page 532 as Reception No. 215705. Reservation as contained in United States Patent recorded November 16, 1961 in Book 337 at page 532 as Reception No. 215705 as set forth below: i Reserved unto the United States, its permittee or libensee, the right to enter upon, occupy, and use any part or all of said lands for the purposes provided in the Act of June 10, 1920 (41 Stat. 1063), and subject to the conditions and limitations of Section 24 of said Act as amended by the Act of August 26, 1935 (49 Stat. 846). Terms and conditions of Easement Agreement between Union Oil Company of California and Perry L. Coryell and Lillian I. Coryell recorded November 1, 1983 in Book 638 at page 226 as Reception No. 347060. Right of way for the Denver and Rio Grande Western Railroad as same crosses subject property. Any question, dispute or adverse claims as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in the Roaring Fork and Crustal Rivers lying within subject land; and any question as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. Right of way for the uninterrupted flow of the Roaring Fork and Crystal Rivers. Easements and rights of way for powerlines, electric lines, telephone lines, water lines and roads as set forth and shown on Plat recorded July 13, 1993 in Book 836 at Page 422 as Reception No. 436730. • Names & addresses of landowners immediately adjoining and within 200 feet of proposed subdivision exemption for Kennedy property, Section 28, Lot 25, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado: 1) Colorado Rocky Mountain School 1493 — 106 Road Carbondale CO 81623 2) J.E. and Peggy DeVilbiss P.O. Box X Carbondale CO 81623 3) Union Energy Mining Division Attn: Union Oil of California, Property Tax Division P.O. Box 7600 Los Angeles CA 90051 4) Lawrence A. Cordray 0539 106 Road Carbondale CO 81623 5) E.R. and Clara Ruth 2505 Island View Canyon Lake TX 78133 • 1 WEST DIVIDE WATER CONSERVANCY DISTRICT P. O. BOX 1478 RIFLE, COLORADO 81650-1478 625-1887 Officers President 876-2821 Kelly Couey 4745 C.R. 315 Silt, CO 81652 Vice President Joe Mautz, Jr. 6107 Highway 133 Carbondale, CO 81623 Treasurer LaVerne Starbuck 1859 C.R. 344 Silt, CO 81652 Secretary/Water Manager 625-1887 Russell George, Attorney Stuver & George, P.C. P. 0. Box 907 Rifle, CO 81650 November 4, 1993 Michael and Julie Kennedy 1122 106 Road Carbondale, CO 81623 Board of Directors Kelly Couey 4745 C. R. 315 Silt, CO 81652 Joe Mautz, Jr. 6107 Highway 133 Carbondale, CO 81623 LaVerne Starbuck 1859 C.R. 344 Silt, CO 81652 Gregory Durrett 926 Blake Avenue Glenwood Springs, CO 81601 Samuel B. Potter 0598 C.R. 323 Rifle, CO 81650 Dear Mr. and Mrs. Kennedy: Enclosed is your approved contract No. 931012K. There is an annual acre foot fee of $73.50, totalling $227.85 for your 3.1 acre feet. The Board agreed that the fees paid now would apply for 1993 and 1994. Also, there was postage due of $2.92 when your application was mailed to the District. Please remit your payment of $230.77 promptly. Copies of your contract have been or are being submitted to the following entities: The State Division of Water Resources Division No. 5 Water Resources The Colorado River Water Conservation District The Garfield County Department of Planning District No. 45 Water Resources West Divide's Attorney and Engineer Sincerely yours, a VY\colck©c Jvanet Maddock, secretary to Russell George, secretary/water manager Enclosure cc The State Division of Water Resources w/enclosure Division No. 5 Water Resources w/enclosure The Colorado River Water Conservation District w/enclosure The Garfield County Department of Planning w/enclosure District No. 45 Water Resources w/enclosure Edward J. Currier, Engineer w/enclosure Russell George, Attorney w/enclosure Recorded Nov.; 16,,_1961 at Z:25 P.1 °- Reception. No 2.1.5705; ' Chas. S. Keegan, Recorder.) WintrSans,Certificateof theaLandOfBceat. Denver; Colorado, is now deposited-iatheBureau:of Land ManagemenLwherebyit appears thatfalipaymeathaa bear: ' made bp,theCI,;fl1 nt • Irene'Coryell.. according;Lathe provisionxof.ChapteDT.Titb3 of the Reviaed. Statutes ot.the United States and" Iegialetion; supplemental thereto;: for, the foUowingwdescribed.land a • Sixth Principal -Meridian, Colorado T T S. .R..88 W.. Seco. 28 Lot 25: - The areal -described contains 5.00:acres 5. Theareal-described=contains,.5.00_acres" accordingtothe,0ffi i21atoftheSurveYoftheaaidLand. onfilelathe BureauofLand Management e vERICAi n. conzideration`, of the premises; and s. NowtS.witll TKatiztherUNrtto 3Texsa<oa� vid HA&Gtver� oonformitatwrtitthe.severaif'Actsiof.CongreaeFinAaach,castheeai clai and ro ' edit Gssrer andlhytthe p�entaeDosa.GnritArm:Gata r.nntsthe said: claimant. and.tethe heirs the said aimant theotraekabovadeecdbed; Td HAW AtaETo-Hornthesamei togethenwit al t rightalprivilege immnmties andappurteaanceSof whatsoever nature. theretmta belonging; 'saidtclaand.taEthelheire and -assigns at' thesaidclaimautg. forever; subject Wany vested and'a • accraedlwatearightafoieminin agricultural manufacturimor other purposes and rights to dittht < •:- andrreaervwra�naedinconnecdeorAcwithaucttwatesright4 asmay: ba recognized;and acknowledged. ' 'the lorakeoatomaIlaws and:declaionsofeourta;, and there iareeervedfrom the lands hereby granted.a- right•oftwayrtheremsfoin ditcheneor canals constructed by, the authority of the United States.' • Reserving.untaxaheeUnited •States. its permittee or- licensee. the right, to; enter upon, occupy.,and. use.,any'part'oralt. a£ -:said lands for the purposes provided in. the Act. of:June:10. 192(1.141' Stet.. 1063):; and: subject ta- the conditions and; limitations- ot:.Sections 24: of, saireActas''. amended by, the Act. o£ August 26c•19355- (49 Stat... 046) Its. TEssamotlT..- WH RsoP the undersigned. authorized: officer: ofa : thee Bureau: of ; Lands Management.. in> accordance with' the:. provieionaofstheActof. June• 1T„194& (62 Stat4.476). haz in thenar oto the United Stab*, caused. these lettem to.* made Patents and; the! Seal of the Bureau, to be hereunto • - GrvaN under: ni hand.. in the District of: Columbia...:the TEIYTII day oL-- JANUARY : in the year of our Lordone thousand nine hundred and'.' . FIFTY-SIX- . and of the Independence of. the United States the one hundred.. and. EIGHTIETH.: / djoining 2393. _J .• • 2427.-4 • 2429 IO5R104W RVi. 24 R.I03 V/ kvid u*Q_ LiL • 24 rf. R 102 • Date: January 17, 1994 To: Board of County Commissioners, Garfield County, Colorado From: Michael and Julie Kennedy 1122 106 Road Carbondale CO 81623 (303) 963-9449 (w) (303) 963-2188 (h) Please find enclosed our petition to divide the Kennedy property, Section 28, Lot 25, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado, into two tracts of approximately 2.34 acres each. We are requesting this exemption because we don't need all 4.68 acres for our own house, and we would like to spread out the cost of the well, septic system, electricity, and other improvements over two lots. We have secured an adequate source of water (see attached water contract with the West Divide Water Conservancy District), and will comply with all applicable county and state regulations for the installation of a septic system for each lot. All state and local environmental health and safety requirements will be met. Thank you for your attention to this petition. Respectfully yours, r Michae Kennedy A:k4mut Julie A. Kennedy • • • 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 N't vitae) aid J Ke-tA.Kectl respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of a. 17/,t 8 acre tract of land into two tracts of approximately _ acres each, more or less, from the definitions of "subdivision" and Wm -31 "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: — vv aaC AttY. G ' {ur o u � o wv� fit-ocf,.z -f- waJ e (J -v 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; 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 ✓b. 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 do estic water for each lot created, method of sewage disposal, and leiter of approval of fir( iotection plan from appropriate fire district; and If connection to a community of municipal water or sewer system is proposed, q7(. a letter from the governing body stating a willingness to serve; and Narrative explaining why exemption is being requested; and ✓L It shall be demonstrated that the parcel existed as described on January 1, 1973 or the paved as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. VJ. A $300.00 fee must be submitted with the application. itioner Afec-G44_1+0-idk Mailing Address a -t-0441 e CG is16 2-3 City State -303 — q63 — 7?Y9 Cr) 963-2/ree Telephone Number 0 0,051 I7o' 3 r 660' f I 0 c 3 0 X p S t; --t: i ri, 0 0 x N C) n 0 0 0 r m 0 0 0 0 0 coW ZS8£-£96-£0£ (///b/ S.7) 311O.9/0N/7 .l3NO.(S P r `jr'?6 0 ro 6,1 Fao rl� r1.1 P- 0 • / 0 ro k V� D r• i �'' € - 1 6 3 7 .G .1 /o- 103' �or p P irrf- ;4 .• 1000 6800 RIVER •i \\\ Weaver! 1 1: •l 34 • 'I!• y Mountain • 4 - T. 8 S "62 Y•.• �Carbondlile •35 II II Ipm 1 x __. IJA: chs po. Mc+6I1.. '` II I 6110illl 570 000 FEET "61 39'22'30' 107.15' ;6194 ri • 1'e '07 1 510 000 FEET Mapped, edited, and published by the Geo.logical Survey Control by USGS and NOS/NOAA Topography by photogrammetric methods from aerial photographs taken 1960. Field checked 1961 Polyconic projection. 1927 North American Datum 10,000 -foot grid based on Colorado coordinate system, central zone 1000 -meter Universal Transverse Mercator grid ticks, zone 13, shown in blue Fine red dashed lines indicate selected fence and field lines where generally visible on aerial photographs. This information is unchecked To place on the predicted North American Datum 1983 move the projection lines 5 meters north and 53 meters east as shown by dashed corner ticks ON 6574 UTM GRID AND 1981 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET REDSTONE 15 MI MARBLE 27 MI. 111 • J S • (MOUNT 4562 . SCALE 1 1000 0 1000 2000 30 DOTTED LINES REPRESE NATIONAL GEODETIC VE THIS MAP COMPLIES WITH NATI( FOR SALE BY U. S. GEOLOGICAL SURVEY, DENVE A FOLDER DESCRIBING TOPOGRAPHIC MAPE Reception No. 11a)N was �' - 'tz-�,c,(1A.a.�+ Recorder. iShardedat ck 9- M.,6t i 0 3 I�J4 r WARRANTY DEED TIIIS DEED, Made this 2ND day of SEPTEMBER , 1993 , between JEROME C. PRANSKY AND MARY LOU PRANSKY of the said County of and State of COLORADO MICHAEL P. KENNEDY AND JULIE A. KENNEDY whose legal address is 1122 106 ROAD, CARBONDALE, CO 81623 of the said County of GARFIELD and State of COLORADO , grantor, and , grantees: uvuzi‘ow J. ,4,4' SEP 0 3 1993 GARFIEt_f) State Doc. Fee /07* DOC FEE $15.50 WITNESS, that the grantor, for and in consideration of the sum of good and valuable Cdnsideration and ten DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. SECTION 28: LOT 25 EXCEPTING therefrom that portion conveyed to the Department of Highways, State of Colorado described in Special Warranty Deed recorded October 2, 1968 in Book 397 at page 90 as Reception No. 241869. COUNTY OF GARFIELD STATE OF COLORADO Together with an easement and right of way along an unimproved road for ingress and egress as described in Easement Agreement recorded November 1, 1983, in Book 638 at Page 226 as Reception No. 347060. as known by street and number as: 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 what- soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND 1'O IIOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, 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, has 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 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 real property taxes for the year 1993, not yet due or payable and those items set forth on Exhibit "A" attached hereto. The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular numb r shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. _ Ii+WITNESS WHEREOF, the : for has executed this deed on the date . th above. JERC. PRANSKY State of COLORADO ) ) ss. County of ) The foregoing instrument was acknowledged before me this 1ST day of SEPTEMBER ,19 93 , by Jerome C. Pransky and Mary Lou Pransky My commission expires CO -4 .51/ e, Witness my hand and official seal Notary Public Stewart Title of Glenwood Springs - File No. 93021659 -j ,1 : 1 EXHIBIT "A" 800X0874 rAG; 413 Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded November 16, 1961 in Book 337 at Page 532 as Reception No. 215705. Reservation as contained in United States Patent recorded November 16, 1961 in Book 337 at page 532 as Reception No. 215705 as set forth below: Reserved unto the United States, its permittee or libensee, the right to enter upon, occupy, and use any part or all of said lands for the purposes provided in the Act of June 10, 1920 (41 Stat. 1063), and subject to the conditions and limitations of Section 24 of said Act as amended by the Act of August 26, 1935 (49 Stat. 846). Terms and conditions of Easement Agreement between Union Oil Company of California and Perry L. Coryell and Lillian I. Coryell recorded November 1, 1983 in Book 638 at page 226 as Reception No. 347060. Right of way for the Denver and Rio Grande Western Railroad as same crosses subject property. Any question, dispute or adverse claims as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in the Roaring Fork and Crkstal Rivers lying within subject land; and any question as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. Right of way for the uninterrupted flow of the Roaring Fork and Crystal Rivers. Easements and rights of way for powerlines, electric lines, telephone lines, water lines and roads as set forth and shown on Plat recorded July 13, 1993 in Book 836 at Page 422 as Reception No. 436730. • 1 Names & addresses of landowners immediately adjoining and within 200 feet of proposed subdivision exemption for Kennedy property, Section 28, Lot 25, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado: 1) Colorado Rocky Mountain School 1493 — 106 Road Carbondale CO 81623 2) J.E. and Peggy DeVilbiss P.O. Box X Carbondale CO 81623 3) Union Energy Mining Division Attn: Union Oil of California, Property Tax Division P.O. Box 7600 Los Angeles CA 90051 4) Lawrence A. Cordray 0539 106 Road Carbondale CO 81623 5) E.R. and Clara Ruth 2505 Island View Canyon Lake TX 78133 WESTIIVIDE WATER CONSERVANCY DIPARICT P. O. BOX 1478 RIFLE, COLORADO 81650-1478 625-1887 Officers President 876-2821 Kelly Couey 4745 C.R. 315 Silt, CO 81652 Vice President Joe Mautz, Jr. 6107 Highway 133 Carbondale, CO 81623 Treasurer LaVerne Starbuck 1859 C.R. 344 Silt, CO 81652 Secretary/Water Manager 625-1887 Russell George, Attorney Stuver & George, P.C. P. 0. Box 907 Rifle, CO 81650 November 4, 1993 Michael and Julie Kennedy 1122 106 Road Carbondale, CO 81623 Board of Directors Kelly Couey 4745 C. R. 315 Silt, CO 81652 Joe Mautz, Jr. 6107 Highway 133 Carbondale, CO 81623 LaVerne Starbuck 1859 C.R. 344 Silt, CO 81652 Gregory Durrett 926 Blake Avenue Glenwood Springs, CO 81601 Samuel B. Potter 0598 C.R. 323 Rifle, CO 81650 Dear Mr. and Mrs. Kennedy: Enclosed is your approved contract No. 931012K. There is an annual acre foot fee of $73.50, totalling $227.85 for your 3.1 acre feet. The Board agreed that the fees paid now would apply for 1993 and 1994. Also, there was postage due of $2.92 when your application was mailed to the District. Please remit your payment of $230.77 promptly. Copies of your contract have been or are being submitted to the following entities: The State Division of Water Resources Division No. 5 Water Resources The Colorado River Water Conservation District The Garfield County Department of Planning District No. 45 Water Resources West Divide's Attorney and Engineer Sincerely yours, Janet Maddock, secretary to Russell George, secretary/water manager Enclosure cc The State Division of Water Resources w/enclosure Division No. 5 Water Resources w/enclosure The Colorado River Water Conservation District w/enclosure The Garfield County Department of Planning w/enclosure District No. 45 Water Resources w/enclosure Edward J. Currier, Engineer w/enclosure Russell George, Attorney w/enclosure • • CARBONDALE & RURAL FIRE PROTECTION DISTRICT 300 MEADOWOOD DRIVE CARBONDALE, COLORADO 81623 303-963-2491 To: Michael Kennedy c/o Climbing Magazine 1101 Village Road Carbondale, Colorado 81623 1-3-94 Dear Mr.Kennedy: This letter is in reference to your inquiry as to whether your home is located in the Carbondale Fire District. Your residence on County Road 109 is within the Carbondale & Rural Fire Protection District boundaries. The District provides fire protection and Emergency Medical Services to your residence. If I can be of further assistance to you, please give me a call at the station. Thank you. Sincerely, Rob Goodwin Assistant District Chief Carbondale & Rural Fire Protection District RecordedNov..: 16, -1961 at 2:29; P.M.' Recepti•on-No... 2157(15 ° Chas« Keegan, Recorder.) '3+itGlatifica'orth-!LaM0mceaL Denver; Colorado.,. ' 4 w it appears that � __``����iathaBnreaQ.oflTandManaB�k- hereby' tfull-paymenthaa been is nowtaepoarve� Irene Coryell �, madebRtheclaimant4 itaxmiligi the P to of. Chapterer..15ttw3ti of they Revised Statutes of. the United Staten and legislation eapp1ementai:thereto,. fob the. followin adeaeribed.land : ., ..� r Sixth Principak ieridian.. Colorado. • hez are-describeda contai ns..5,00' acres., t{ Olciaj74JatoftheSurvebofthesaidLand on.5lfsiatheBureau.ofLand Managemeut p XS it conaiderataoaof:thep� premises.. N T•li�attherUxlrxJ»Srrwxsa o$rAla�tcar d IieaGlvsl� ANA.;ANA.;con�ormit 2wttbE[ severaidActaiof.Cougeessein►snclncU de;anad. rovi ed, GtaserukGametr..unt athe said,claimane .. and,to•the heirs of... amts.$ a ttesPi D theawith all the ' •ri tam+ n ;the tSaeeabove±.deacn'bed#T Hevanoever nater .the reuntO beI unto the• pparteaanoe of whatsoever: nature theretmto belonging: ngb}cl;1mv�legeaa btartitivested and. .`saultclaimsntyC a>���e6heizsandiassiSv&o�thesaid'claimaut.. forever; 'accruedtwateritinformininr..agrieulturat martufseturizegorotherpurpse , and rights toditches. 'andased iumnneetia withsacltwat.dj►tsiasau berecoSnheand acknowledged.by- - theelocakeastomahlarkanda onaofcourts;andthereietreaervedfromthe1andsherebygranted.a. 614004 eneditcheseavouuda.constracbsibitthe authority of the United States.. ' 'F tz �� •ry gasesq„it untoftheKUnited States , its= pereittee or licensee'.. the right to enter • ,off. .. ' and use any! part orals aC said lands- for the purposes provided: in the n.opt 0 f.Tniel' �Aeof3„rutteM1920+C4L++Stat:-- 1063):, and: subject: ter the conditions and-• 1>.mitations ole` ectiO*2 O4 .said!Act, a.0, amended by the Act:, of August 26, 1935. (49 Stat. 046) - IN. Ti ri ONI WHEBEOr, �. the undersign's/. authorized officer- of- the: Burn: of. Land: Manage t,' in accordance with the. provisionsoLtbe4Act of June 1T,.1948i (62 Stet.476), has in thenameot the United Staten.. causal, letters tct be. made: Patents ands the! Seat.. of the Bureau., to - ber hereunto . Grveer-undesrmy''hand:• is thee Diatrict of: Columbia, ;the TEM - • day oL. " JANUARY : in the year of our Lord one thouaatul.nine hundred and;' FIFTY-SIX and of tht Independeecao£the United States the one hundred. aniU::EIGHTIETR. T?p�D�eeetcg, BureauoLLaud Management \„-103)''' G dloining 2393 .2427.4 c 2425 2423 24 2429 T8 S. RIO5W R104W. 243 R.103 W -- y y 51,0,11 Q cn. en. 24=:- R 102 • January 20, 1994 Mr. Jeff Deatherage Water Resources Engineer Office of the State Engineer 1313 Sherman Street, Room 818 Denver, CO 80203 GARFIELD COUNTY BUILDING AND PLANNING RE: KENNEDY SUBDIVISION EXEMPTION (Section 28, T7S, R88W) Dear Jeff: Please find enclosed an application for a subdivision exemption from Michael and Julie Kennedy, located approximately one (1) mile northwest of the Town of Carbondale. The applicant is requesting an exemption to split the 4.68 acre parent parcel into two (2) parcels of approximately 2.34 acres each. The applicant has submitted a cover letter regarding a contract with the West Divide Water Conservancy District for 3.1 acre feet. I have enclosed a copy of the cover letter for your review. The public hearing before the Board of County Commissioners has been scheduled for February 22, 1994. I have also indicated the location of the proposed exemption on an Assessor's map. If you have any questions, feel free to give me a call. Si ly, 040 Dave Michaelson Planner DHM/dhm Enclosures 109 8TH STREET, SUITE 303 945-8212/625-5571/285-7972 GLENWOOD SPRINGS, COLORADO 81601 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO moo" OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 MICHAEL & JULIE KENNEDY P 0 BOX 339 CARBONDALE CO 81623 ( 303)963-2188 PERMIT TO CONSTRUCT A WELL • 894 WELL PERMIT NUMBER 044351 DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NW 1/4 Section 28 Twp 7 S RANGE 88 W 6th P.M. DISTANCES FROM SECTION LINES 2440 Ft. from North Section Line 100 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) 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. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #931012K. 4) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings, the watering of domestic animals, and the irrigation of not more than one (1) acre of home gardens and lawns. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 3.1 acre-feet (1,010,135 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well shall be constructed not more than 200 feet from the location specified on this permit, and more than 600 feet from any existing well. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. or V o APPROVED JD2 State Engineer Receipt No. 0377062 NOVA 9 199 _ By 40V 2 91995 DATE ISSUED EXPIRATION DATE a • Date: September 16, 1994 To: Dave Michaelson Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs CO 81601 (303) 945-8212 From: Michael and Julie Kennedy 1 122 106 Road Carbondale CO 81623 (303) 963-9449 (w) (303) 963-2188 (h) Dear Dave, Per our conversation earlier today, enclosed please find a copy of my letter to the Garfield County Board of Commissioners requesting another extension for submitting the final plat on our property at the confluence of the Crystal and Raoring Fork rivers. Thanks for your help with this! Michael '' nedy Julie A. Kennedy • Date: May 11, 1994 To: Garfield County Board of County Commissioners 109 8th Street Glenwood Springs CO 81601 From: Michael and Julie Kennedy 1122 106 Road Carbondale CO 81623 (303) 963-9449 (w) (303) 963-2188 (h) Dear sirs, In reference to Dave Michaelson's letter of April 5, 1994, regarding the February 22, 1994 approval of a subdivision exemption for the Kennedy property (Section 28, Lot 25, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado), we would like to request an extension of 120 days beyond the June 22, 1994 deadline to present a plat to the Commissioners for signature. We would like to complete our site planning before making a final decision on how to subdivide the property, and plan on having the final plat completed by the end of August. All other subdivision exemption conditions noted in Dave Michaelson's letter of April 5, 1994 will be adhered to. Respectfully yours, Michael P. Kennedy Julie A. Kennedy • • GARFIELD COUNTY BUILDING AND PLANNING March 5, 1994 Mr. Michael Kennedy 1122 County Road 106 Carbondale, CO 81623 RE: SUBDIVISION EXEMPTION CONDITIONS On February 22, 1994, the Garfield County Board of County Commissioners approved your application for a subdivision exemption, with the following conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. A Final Exemption Plat will be submitted, indicating the legal description of the property, dimension and area of all proposed lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature. Extensions of time may be granted if requested prior to the expiration date. 4. That the applicant submit $200 in School Impact Fees for the creation of each new lot. 5. Driveway permits, if necessary, shall be obtained from the Road and Bridge Department prior to the issuance of a building permit. 6. Control of noxious weeds is the responsibility of the property owner. 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 • • Mr. Michael Kennedy April 5, 1994 Page 2 7. The following plat notes shall be included on the final plat: A. Soil conditions on the site may require engineered foundations and septic systems. At the time of building permit submittal, the applicant will be required to have all structural and ISDS plans certified by a Colorado Registered Engineer. B. The property includes portions of regulated floodplain. Any development in the floodplain is subject to Special Use Permit review by Garfield County. 8. Prior to submittal of the final exemption plat, the applicant's surveyor shall verify all easements, including waterlines, and access to the existing pump house, per Exhibit E - 2/22/94 Letter for Peggy DeVillbis. If you have any questions regarding your approval or the submission of the final exemption plat, please feel free to give me a call. eiy, Dave Michaelson Planner DHM/dhm • • T0: Garfield Countu Commissioners FROM: Peggu and JE DeVilbiss DATE: February 22, 199'-k RE: Request For Subdivision Exemption bu Michael and Julie Kennedy The Kennedys have requested a subdivision exemption from the county For the purpose of dividing a parcel of land into two parcels. The Kennedy land is adjacent to DeVilbiss property and is subject to easements for DeVilbiss electric line, telephone line, water line, and access to the DeVilbiss spring and pump house. We do not oppose the Kennedy request for subdivision exemption to create one additional parcel. We do bring to your attention the existence of easements on the Kennedy property. In your consideration of their request to create a second parcel, please include the circumstances of the DeVilbiss easements to be part of public record For the knowledge of all subsequent owners of all or part of the Kennedy property under review. The easements are recorded and the Kennedys are aware of and respectful of them. Our concern and interest at this point is to include consideration of the easements so that ail prospective and eventual owners of any parcels of this property over the years are aware of and knowledgeable about the easements prior to and during ownership. Thank you. STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 Mr. Dave Michaelson, Planner Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 rilIrtl;r.. a,-171 1 "riF FEB2 199,E uouN February 18, 1994 RE: Kennedy Subdivision Exemption SW'/a, NW 'A, Section 28, T7S, R88W, 6th P.M. Water Division 5, Water District 38 Dear Dave: Roy Romer Governor Ken Salazar Executive Director Hal D. Simpson State Engineer Thank you for referral for the subdivision exemption to split a 4.68 acre parcel into two parcels of approximately 2.34 acres each. The project is located one mile northwest of Carbondale. The source of water for the both lots is from one proposed well. The applicant has obtained a contract with West Divide Conservancy District for 3.1 acre-feet for in-house use for two single family homes and irrigation of up to one acre. Pursuant to Section 30-28-136(h)(I), C.R.S. 1973, the State Engineer's Office offers the following opinion for your consideration regarding material injury to decreed water rights and the adequacy of the proposed water supply: Prior to constructing the well, the applicant must have a valid permit from this office for such construction. A review of our files indicates they have not submitted a permit application. Under current statutes and policies, we could issue a permit under the terms and conditions of the West Divide Water Conservancy District Contract and the District's substitute water supply plan. Based on the above, the proposed water supply appears adequate and that material injury to decreed water rights will not occur. Should you have further questions or comments regarding the water supply for this project, please contact me at the above address. Sincerely, cc: ppington ources Engineer Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner kennedy.sub STATE OF COLOIADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 Mr. Dave Michaelson, Planner Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 f February 18, 1994 RE: Kennedy Subdivision Exemption SW'/a, NW'/a, Section 28, T7S, R88W, 6th P.M. Water Division 5, Water District 38 Dear Dave: Roy Romer Governor Ken Salazar Executive Director Hal D. Simpson State Engineer Thank you for referral for the subdivision exemption to split a 4.68 acre parcel into two parcels of approximately 2.34 acres each. The project is located one mile northwest of Carbondale. The source of water for the both lots is from one proposed well. The applicant has obtained a contract with West Divide Conservancy District for 3.1 acre-feet for in-house use for two single family homes and irrigation of up to one acre. Pursuant to Section 30-28-136(h)(I), C.R.S. 1973, the State Engineer's Office offers the following opinion for your consideration regarding material injury to decreed water rights and the adequacy of the proposed water supply: Prior to constructing the well, the applicant must have a valid permit from this office for such construction. A review of our files indicates they have not submitted a permit application. Under current statutes and policies, we could issue a permit under the terms and conditions of the West Divide Water Conservancy District Contract and the District's substitute water supply plan. Based on the above, the proposed water supply appears adequate and that material injury to decreed water rights will not occur. Should you have further questions or comments regarding the water supply for this project, please contact me at the above address. Sincerely, Jud cc: ppington er '; ources Engineer Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner kennedy.sub