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HomeMy WebLinkAbout1.0 ApplicationBEFORE SE BOARD OF COUNTY COMMIS.•NERS 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 respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division ofi:. acre tract of land into :3 tracts of approximately off5- 79 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: �,•-_ �J —.(,,ti1„,& ee o --t SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information. fA. Sketch map at a minimum scale of 1"=200' showing the legal vi �' 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; i 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. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and V D Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral 5. owners and lessees of mineral owners of record of the property to agrl ► be exempted, and tenants of any structure proposed for ��/ conversion; and Evidence of the soil types and characteristics of each type; and Proof of legal and adequate source of domestic water for each lot A °created, method of sewage disposal, and letter of approval of �„ fire protection plan from appropriate fire district; and 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 Narrative explaining why exemption is being requested; and 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. X4 A $100.00 fee must be submitted with the application. Petitioner 6T/'I7 Ma ling Adrness City State _vs 6 P c- 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 theof c h application in light of the requirements of these Regulations,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 additonal 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; hower, any parcel to be divided by exemption that is split by a pev 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 nterestcreated orbydwelliPgexemption unitwith limitataonothe otherw�se ur (4) lot, parcel, 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 comapplicant application shall be withdrawn from consideration and theialc is notified of the additional information needed. If the app 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 immediatelyoadjoining ng and within 200 feet of the proposed exemption, to minenerslessees of mineral owners oan restracture proposedof the dfoPrconveasionr exemption, and to tenants of Y The exemption site shall be posted clearly and conspicuously visible Da public right-of-way with notice signs provided by the Planning Division. sion. All notices shall be mailed at lest Thefifteen applicantnshall not more than thirty (30) days prior to the meeting. 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. • 1 NOTICE Take Notice that _-- -- - (has) (have) applied to the Board of County Commissioners, Garfield County, State of Colorado, to grant an exemption in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: Practical Description (location with respect to highway, County roads and residences): Said Exemption is to allow the Petitioner(s) to divide a_ acre parcel into on the above described property. All persons affected by the proposed Exemption are invited to appear and protests or state their views, P objections. If you cannot appear personally at such meeting,you are urged to state your views by then letter, particularly if you have objections to such Exemption request, as the Board of County Commissioneandwo��egive affectedeintdecidion �nghwhethere nto ts of surrounding property owners grant or deny the request for the Exemption. This Exemption application may be reviewed at the office of the Planning Department located at 2014 Blake Avenue, Glenwood Springs, Colorado between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. That public hearing on the application for the above Exemption has been _ f , 19 , at the hour of set for the day o ___ _ �' - - - at the office of the Boardof County Commissioners, Garfield _ County Court House, Glenwood Springs, Colord • p Unit No. X11B Part A SOIL CHARACTERISTICS Depth to bedrock Texture Surface Subsoil Substratum Unified Classification Permeability Percent coarse fragments (greater that 3 inches) Salinity (ECx10 @ 25°C) pH (surface) Shrink -swell Potential Potential frost -action (surface) Flood Hazard Hydrologic Group Corrosivity Steel (uncoated) Concrete DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate., S is Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill Trench Area Shallow Excavations Dwellings w/basements w/0 basements Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Roadfill Sand Gravel Topsoil .24- • :More than 60 inches :Sandy loam :Gravelly sandy clay loam :Sand and gravel :SM, SC, GC, SM -SC, SP :Moderately rapid :3-60 .7.4-7.8 Low Low • None B High . Low Severe) :0 S Seepage S Seepage :0 :S :0 :0 :0 Cutbanks cave : Fair Small stones • Fair Shrink -swell : Fair Large stones : Fair Large stones : Fair Small stones SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION Jap Unit No.X11B Part B SOIL CHARACTERISTICS Depth to bedrock Texture Surface Subsoil Substratum Unified Classification Permeability Percent coarse fragments (greater thaly 3 inches) Salinity (ECx10 @ 25°C) pH (surface) Shrink -swell Potential Potential frost -action (surface) Flood Hazard Hydrologic Group Corrosivity Steel (uncoated) Concrete rl Z : More than 60 inches • Gravelly sandy loam : Sand and gravel CL -NII,, GM -GC, GP, GW : Moderately rapid . 5-50 • . 7.9-8.L : Low : Low : None. • B High • Low DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill Trench Area Shallow Excavations Dwllings w/basements w/0 basements Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Roadfill Sand Gravel Topsoil SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION : 0 S Seepage, small stones S Seepage, too sandy S Seepage S Cutbanks cave • 0 • 0 : Poor : Fair : Fair Too sandy, seepage Large stones Large stones : Fair Large stones : Poor Small stones KKBNA Scarrow Walker Incorporated Consulting Engineers Land Surveyors • A parcel of land situated in Lots 17 and 26, Section 35, Township 6 South, Range 89 West of the Sixth Principal Meridian, lying Westerly of the 80 foot right-of-way of Old Highway 82 and Easterly of the cen- terline of the Roaring Fork River and being more particularly described as follows: Commencing at an iron post and brass cap found in place and pro- perly marked for the S.E. Corner of said Section 35, thence N. 04°34'00" E. along the East line of said Section 35 510.80 feet to a spike in a bridge found in place at the S.E. Corner of said Lot 26, the True Point of Beginning; thence N. 56°31'00" W. along the centerline of the Roaring Fork River 440.38 feet; thence N. 51°48'00" W. along said river centerline 124.10 feet; thence N. 45°57'00" W. along said river center- line 239.80 feet; thence N. 64°33'00" W. along said river centerline 507.80 feet; thence N.84°52'00" W. along said river centerline 169.60 feet to the Westerly line of said Lot 26; thence leaving said river cen- terline N. 05°19'00" E. along the Westerly line of said Lots 26 and 17 347.58 feet to the Westerly right-of-way of said Old Highway 82; thence leaving said lot line S. 56°27'00" E. along said Westerly right-of-way 608.42 feet; thence along said Westerly right-of-way along a curve to the right, having a radius of 915.00 feet and a central angle of 09°30' 00", a distance of 151.71 feet; thence along said Westerly right-of-way S. 46°57'00" E. 338.93 feet; thence along said Westerly right-of-way along a curve to the left, having a radius of 1472.50 feet and a cen- tral angle of 05°54'00", a distance of 151.63 feet; thence along said Westerly right-of-way S. 52°51'00" E. 228.53 feet; thence along said Westerly right-of-way along a curve to the right, having a radius of 1392.50 feet and a central angle of 03°41'15", a distance of 89.62 feet to the East line of said Section 35; thence leaving said Westerly right- of-way S. 04°34'00" W. along said East line of Section 35 112.71 feet to the True Point of Beginning; containing 5.81 acres more or less. September 6, 1979 KKBNA, INC. 1001 Grand Avenue Glenwood Springs, Co. KKBNA Scarrow,Walker Incorporated Consulting Engineers Land Surveyors 1001 Grand Avenue Glenwood Sprints Colorado 91601 303 945 9664 Lvro. 1 .. Roby u Scarrow Mar tin S Oir''a d Nrtx•rt A Wamsley A parcel of land situated in Lots 17 and 26, Section 35, Township 6 South, Range 89 West of the Sixth Principal Meridian, lying Westerly of the 80 foot right-of-way of Old Highway 82 and Easterly of the cen- terline of the Roaring Fork River and being more particularly described as follows: Commencing at an iron post and brass cap found in place and pro- perly marked for the S.E. Corner of said Section 35, thence N. 04°34'00" E. along the East line of said Section 35 510.80 feet to a spike in ;. a.; bridge found in place at the S.E. ;Corner of said.' Lot :26,, the: True v .Point of Beginning; thence N. 56°31';00" W. along:the cente sne of 'Roaring, Fork River 440.38 feet; thence N. 51.48'00 W. alon4 said ,, Ong $ a,,e enterline 124.10 feet; thence N. 45° 57, !00", W;.; W tie 239.80 .feet; thence N. 64'3300"W. along ' feetik thence ' N. 84°52! 00'x\ W . ,aloe l''8i .dZt eet, to:°the Westerly line of saideLot, 26;thenc fline' N. 05°19'00" E.'- along theWesterly:line 347::58 ,feet to the Westerly ;right -oaf way !of sad eaving;said . lot line S. 56° 27' 00 "`' ,along s ter. 60842,'feet; "�thence`.`along said Wesk erlyrigh xaya1on ti e right, . having a radius of 9150 0 ' f eet r and cei trail ' distance of 151.71 feet, .thence ahon i d W'esre ... X46°57'00" E. 338.93 feet; thence along said Westerly right, along a curve to the left, ; having a radius of y` 1472.50 ` feet'';` an ralangle of 05°54'00", a distance of 151.63 feet; 'thence: al esterly right-of-way S. 52°51'00" E. 228.53 feet; thence alon Westerly right-of-way along, a curve to the right, having a aradius , 392.50 feet and a central angle of 03.41'15", a distance .of'89.621feet �o•the East line of said Section 35; thence leaving said#Westerly. right- , of-wayS. 04°34'00" W. along said East line of Section 35.<11271y.feet o-to'the True Point of Beginning; containing 5.81 acres more or less. KKBNA, INC. 1001 Grand Avenue Glenwood Springs, Co. September 6, 1979 Recorded at Reception No. On 606 PAGE16$ ecorder. THIS DEED, 'Made this / ��ay of between +/AMES L. ROSE August n 1982„ of the County of 'Garfield .• and State of Colorado, of the first part, and Robert L. DeRoeck and Glennyce R.. DeRoeck 2505 Cisar Ct., Glenwood Springs, CO.:, 81601 whose legal address is A ,( of the County of Garfield and State of, Colorado, of the second part: FILING ,STAMP 7,2 GA FIELD AUG 111982 State Doc. Fee WITNESSETH, that the said party of the first part, for find inconsideration of the sum of Ten and no/100 DOLLARS and other good and valuable considerations to the said pa ty'o ;the first p rt 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, aU the following described lot or parcel . of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: A parcel of land in Lots 17 and 26, Sec. 35,T.6S., R.89W., 6th F.M., more particularly described on Exh. A attached. also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper- taining 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, bargaih'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, except patent reservations and taxes for 1982 payable in 1983. 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 R ose SEAL] [SEAL] .(SEAL] STATE OF COLORADO F ' f, ,ST OA yt�►,'..... `:County of Garfield ,., d foi + ns gent was acknowledged before me this •}�.S pp4..L f Mose• �y�4} a��eegpires No. 921A. WARRANTY DEEM—To3.4.rTewia .C.pyright"ptf7s Bradfor nd off` a 4 EXHIBIT A • BOOK 608 PAcE64i ._'parcel of land situated in Lot 27, Section 35, Township 6 South, Range 89 West of the Sixth Principal Meridian; said parcel lying northerly of the centerline of the Roaring Fork River and being more particularly described as follows: Commencing at the Southeast Corner of said Section 35, a brass cap in place; thence N. 44°34'22"W. 1723.42 feet to a point on the easterly line of said Lot 27 and the centerline of said river, the True Point of Beginning; thence S. 84°55'36" W. along said centerline 212.62 feet; thence N.75°39'12" W. along said centerline 377.20 feet; thence N.82° 09'22" W. along said centerline 237.65 feet to the westerly line of said Lot 27; thence leaving said centerline N.00°08'00"W. along the westerly line of said Lot 27 43.07 feet to the northerly line of said Lot 27; thence N.86°20'06"E. along said northerly line 830.20 feet to a rebar and cap marked L.S.P16142 at the Northeast Corner of said Lot 27; thence 5.04°25'58"W. along the easterly line of said Lot 27 203.84 feet to the True Point of Beginning; said parcel containing 2.64 acres, more or less. September 9, 1982 EXHIBIT A KKBNA, INC. 1001 Grand Avenue Glenwood Springs, Colorado 81601 0 3 on nm 00 0 i n C (2i5 co 0 NCcrN F° ui� m o m` r,Y ,_41G II 2ua kik 0) Pn al 0 $ 0 11.1 tdw ,ai .�1 3 CD4 -1.^0 1 a! • 1�.1 41 00 0) 0 0 al a-1 0 CU >, a1 0 'b a al v >, w u u co o a u o ,4 u �+ P, cl ri .sr 0 •.1 '•1 0) 11 a+ rl 3 a .0 • • r-1 •r1 a ri P. 0 a 11 a ,-1 >, U a) 1.1 _ a) r-4 W a co H a) 00 •• .-• 0 > c0 c0 cd O 0 '41 r1 ,O W r♦ al ,,-1 ad H ,-1 a) a) 'v .0 +1 : . c0 11 41 u W tb to O H co � 4-t c') a) O O 3 1J ••-1 aJ H 0 al a.0 oo 0) co u co 1 a td 0 co 0 0 00 1 co Q. m 0 0 ar u r1 u - r1 q a 3 >, �+ a) 0 .o q a• al u oo •. o w a) 1� 1 a� 0 .'c 'o o 00 u O 11 0 14 a) a) to 0 a) t- a) .O 3 E-+ q U .0 q • 11-1 0 0 41 .0 00 U u r) 2 .0 W 03 U .0 00 O O. 0 0 ,4 a) ,-I Z ed In 0 41 q a) 0 to 1.1 W a 1.1 ,-1 r-+ 444 - 0 4.1 a! .r+ 4-1 b 1.J 00O •r1 W O O� • r-1 • a) H • O td 1J 14 a) • ,-1 0 0 0 > JJ O .-1 . • 0 ,O • • 0 Com') V cd • u U 3 a) a 1-) O 0 cd N u1 1, 0 0 1J 1-1 a) u1 O • P. u1 00 u 0 s co •,-1 a) r-1 4J u1 a) 4-4 4-1 W ,O 0 a) .0 c'1 11 3 p 0 a) 0 .-1 a) 0 al .-I • > 0 al - •.• al i _ . 0 cad a) (e)0 0) .0 0 00 H w .t: co H W ....1.w rt .---•o r1 rl H q . I U 1) - q a)• 1.) a) c') O O • O to 11 O Cr) O 11 b0 0 td co O JJ 4-4 w U to U .-1 w0 1-) 0 a O a) 0 4)- U ,-1 0 +1 a) • .7 r-10 4-4 : a a 00: to 0) 0 s 0) a) H 1.).0 00 a) • oo 0 0) 01 00 q 0 • a) 0 4-1 • a) 0 c1-4 r) Cil a) 00 U 00 1-3 0 .-d U 1/1 to .0 a O O C, > to > a w Z Z a al z -.-I to to - u u r1 W - t') H 4-1 O H 4-1 00 4.0 •r4 cA O a a b4-4 u1 a .--1 0 4� c•1 0 0 to N 0 0 C, O 0 P4�p a) 0 •rl 0 Z ,i N M .w p4 r4 0. cd ,n .q - r1 c0 0 0 0 N >, U H o N a).-1 0) al C, 03 a P. •r1 4' 44 a) O O a s P. c0 00 14 1J to q W 4--1 to 0 td r-1 0 +1 r H 00 'v ,a r• -4r• -4t0 M 0 a) 0 0 r1 0 . 3 td a to -'1 00.-1 ..-4 00 .-4 a) O C.) d as o ,-1 14 q - 00 •-1 • a I al • .-1 w a r1 C qa b pa 0 0 c0 q 0 4:4 44 a ..1.0 0) -. q H Z >, 4-4 d U to 0 cd • • ++ H tH, 0 AP w .t~ to 0 a) 0 0 0 A >, w >, w a) 0) w W n H 0 0 • 0 u 0 4-1 1.J a) 11 3 1 140 0 to O U .-1 : 00 U 4--1 s .0 0 al .-t p, P. Z., O to c0 a O .0 1J H 3 H cd O 3_ H t0 N 11 H Pa H .t 1.1 .- 0)411.100.410011104 R1 H O 1 td H .-1 H a) 07 • • 0 a) a) ,i 00 a 0 al W w - 4.1 L - o N 1'a1 qo u 10.1 ,q-1 ami Z 3 .0 +a 0 cd D 0 a) q o0 0 0 0 o in a !+ q O 0) b 1r w H .1 1 .0 a) to 1 .O a) r1 r) .0 00 p. ado O a) 11 p., W a) 0 ,-1 0) cd 1) b 11 a) 0 0 1.1 13 0 0 1) 4-7 to 0 .0 a) U O t0 •- N 11 b al H .0 r1 .0 .7 0 .. " 1J a) a) 00 q - to .o c0 ,-1 a) al O 0000 t0 to 00 0000 00 to 0 O -44 a) 0 1) W 0 c'•1 a) r) N • 1) cd a 44 .t~ •.1 a • ,-1 a • ,4 w .0b co - H •.CM 00 eel En cc r0 vU H riObq 00 H Ob c, a) a) 14 a) 4) t0 .7 r� q U Lq b 0 E1 0 11 0 q 1.) CAb 1) 0 11 W 0 7 a0 CO •0 CO aCO a) o) .1-1 m 3 COD a) 0 CO 0 0 to 0 a!0 0 •• 0 0 .- 11 a 0) Z b .-1 4-4 3 r1 aO 0 u v m q a) ab a 01 a) W O 1>, oto Hr I 1.1 Uz0 ,dr`q w-1 Oct 0) rnto wW 00 N N d a L Hq til 0)m • ,1 w 03 •0 0 w • O 4-4 .-1 0oo .-1 w 00 .-1 w 0 .-1.1 a) ,n ,1 0) .0 ,1 r) 4-1b i'd co • Hc0 O r1 LHO.07 O 4-I a . 4 a >> • 1) '1 14 .l 3 O r -I al a) H 0 0 0 0 al w I 0 n 0 >, 0 14 0 >, O 14 r) o 'd r-1 .0 H P. a) r-1 a) 0 w 0 r 1.1 • .-I CO to 0 .-I a) to 0 W .-4 0 01 0 1.1 0 q ,-1 1) • ,C - O '.0 r1 0 . O r-1 cd 3 • A cd 3 • ..0 0 rt a d00 1.) W P.0 ca q.7 4N c.1 40 00 0 I 1 N U1 N U H .-.4 O0 4-1 0 •.1 al N to 0 - ,-I ,-1 4-4 • W n w v a) o) 0 W 11 co c0 H 44 . U rl o 0 CO >, rl H'0 w 0 .7 w O ch 0 0 0 w 00 CO W CLU H 1.i .7 rI 1) c0 M a) w : I .� 1J s 4 r1 14 r1 ,-1 O a) •'q 0 'L) lA pct ,-1 0 01 • ..j 1 O 'H H O O .0 W a) O .0 W 0 0) r-♦ 04 b a) •r4 q td +1 w Z >, 44 v0 cd a) a) - 00 0 w - 00 0 44 >, >, U a) .-4 ,0 U N b t» .-4 . -1H O I W O to 0 U .-4 , 1 to +1 .-1 r..114 U a) ra rH 1 1 q 0 al bo a O H t1) r) u1 H CO 1-1 H H 0 H .0 rt H W a) O -44 00 a) co 0 a) 11 00 a cd o 0 so o P. 0 H to q 0 a) 6) a) 44 W C.) 0 0 0) H a 11 • a 1J a) .c a) q r1 1, r, 'v r, • '.0 'v •r1 • 11 1 J t7% W a o g rn a) to 0 00 0 o> 0 to ,-1 b r1 u1 ,-1 .0 o WW CO 0 td a) 0 .- 4 W 0 1-4 a) M A 4! •.1 ri ,-1 rl 0 ,4 • a) 0 to • cd 0 .--1 0 N • d 1) 0 b V P. 0 p4 cd U N a) ) 4-4 H r -I 0 4 b to to H r♦ to ao 1.+ r-1 a) a Cfl BeQinnin August 5, 1982 1' ; Recorded at ' `" " ' " 'cioc m, Arb i 1 Reception No. Recorder. THIS DEED, Made this 14th day of September between WESTBANK RANCH NO. 1, LTD, a limited partnership ,19 82, 123(0ExImitiyascduly organized and existing under and by virtue of the laws of the State of Colorado of the first part, and ROBERT L. DeROECK and GLENNYCE R. DeROECK whose legal address is 2505 Cisar Court, Glenwood Springs, GARF ELD SEP 2 21982 State Doc. Fee t• 50 of the County of Garfield and State of Colorado, of the second part: WITNESSETH: That the said party of the first part, for and in consideration of the sum of FIVE THOUSAND and no/100 DOLLARS, to it 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 the second part, not in tenancy in common but in joint tenancy, the survivorofkthem, their assigns and the heirs and assigns of such survivor forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit. That parcel of land described on EXHIBIT A attached hereto and incorporated herein by reference, containing 2.64 acres, more or less I also known as street and number no street number. 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 remand whatsoever of the said party of the first part, either in law or equity of, in and to the above bargain 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, the survivor of them, their assigns, and the heirs and assigns of such survivor forever. And the said party of the first part, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these presents, it 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. subject to: general taxes for 19$2 which parties of the second part hereby assume and agree to pay; U. S. patent reservations of record; prior reservations of record of oil, gas, and other minerals; easements and rights of way of record or in use; lack of a right of access from said parcel to any open public road, street, or highway; claims of any third parties in possession of said parcel or any portions thereof; building, zoning and subdivision laws and regulations; and the above 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. 3 IN WITNESS WHEREOF, The said party of the first part has caused its STity1 Kname to be hereunto subscribed x151clui 1R#.1f#NxK KNIMCb{-7i XiDGM7GiacaMitaCiCllflirXEjf8f) FZ 4i5a05sX "SexeceNtsK the day and year first above written. Attest: WESTBANK RANCH NO. 1, LTD. 4J .moi ''I Do ores . 'uenger sec d�'�i >a� it 0 E p '9,, '� rsy .•'' C' • • OTATE OF COLORADO, i is 5 C) ' a �.a Ss. L . to;�t� 14f -, ,�..{_=County of Garfield �j .. . ,t'� fof2go�jg instrument was acknowledged before me this ' ha / '� day of Se t4e1bei Ili �) �,-", , '. 19 yi.3Johp R. Huebinger as _ : enE�arid• 6 as ` p% �1tii<Yy_of 1�po�or�s J� Huebinger . V r r �: 1,. 11estbankb Development Co., Incorporated, general managing partner o� o•t .��.��:: � t r t*ank'Ranch No. 1, Ltd. Witness my hand apyi official seal. By: Westbank Development Co., Incorporated enerai managing partner ohn K. Huebinger 041`c1Ini! 1.144 My notarial commission expires: _Le— 6J /93 .....1 j111 -71 e / L Add .TG�'Q/7. • Ed//7019dSNotaryPublic • Baa fly g. No. 929. WARRANTY DEED.—From Corporation to Joint Tenants. —Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado (678-6011)-9-78 do • 4-82CW285 The Referee does therefore conclude that the above - entitled application should be granted and that an absolute decree for 0.077 cubic foot of water per second of time for irrigation, commercial, industrial and livestock water, and a conditional decree for 0.033 cubic foot of water per second of time Bob Spring, with subject, however to all of to the integration and for domestic use, are appropriation date of earlier priority rights he August awarded to 24, 1982, tabulation by the Division others, and Engineer of such priorities and changes of rights in accordance with law. As to the 0.033 cubic foot of water per second of time' conditionally awarded for domestic use, an Application for a Quadrennial finding of Reasonable Diligence shall be filed in January of 1987 and in January of every fourth calendar year thereafter so long as the claimant desires to maintain the conditional water right or until a determination has been made that the conditional water right has become an absolute water right by reason of the completion of the appropriation. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject 410. to Judicial review pursuant It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this 71A 7 day of 069Alci,Pty , 1983. Hc fci-egoing mailed to all r;f record--1/--Wate/r/ Engineer—e—and. Dv. No. 5 -2- BY THE REFEREE: W. Referee Water Division' No. 5 State of Colorado • IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. 82CW285 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF ROBERT L. DEROECK AND GLENNYCE DEROECK IN THE ROARING FORK RIVER IN GARFIELD COUNTY' • FIL D IN DISTr1CT WAT t 1, t - JAN rI 19a;� MARIE TALAMAS, CLhnm, RULING OF REFEREE The above entitled application was filed on September 28, 1982, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of, said Court on the 18th day of October, 1982, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling ,.as,:the Referee in this matter, to -wit: 1. The statements in the application are true. 2. The name of the structure is Bob Spring. 3. The names'of the claimants and address: Robert L. DeRoeck and Glennyce DeRoeck; 2505 Cisar Ct.; P.O. Box 1419; Glenwood Springs, Colorado. 4. The source of the water is a spring tributary to the Roaring Fork River. 5. The spring is located in Lot26, Section 35, T. 6 S., R. 89 W. of the 6th P.M. at a point whence the Southeast Corner of said Section 35 bears S. 38°04'21" E. 1,508.94 feet.. 6. The proposed use of the water is irrigation, domestic, commercial, industrial and livestock water. 7. The date of initiation Of•appropria€ion`is August 24; 1982. 8. The amount of water claimed is 0.077 cubic foot of water per second of time absolute, and 0.033 cubic foot of water per second of time conditional. 9. The applicant has installed two perforated concrete rings at the spring, and has installed a pump and pipeline for the purpose of irrigation, commercial, industrial and livestock water. The applicant intends to build a house on the property and use a portion of the water for domestic purposes. • • The Referee does thgrefore conclude that the above - entitled application should be granted and that an absolute decree for 0.077 cubic foot of water per second of time for irrigation, commercial, industrial and livestock water, and a conditional decree for 0.033 cubic foot of water per second of time for domestic use, are hereby awarded to Bob Spring, with appropriation date of August 24, 1982, subject, however to all earlier priority rights of others, and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. As to the 0.033 cubic foot of water per second of time' conditionally awarded for domestic use, an Application for a Quadrennial finding of Reasonable Diligence shall bp filed in January of 1987 and in January of every fourth calendar year thereafter so long as the claimant desires to maintain the conditional water right or until a determination has been made that the conditional water right has become an absolute water right by reason of the completion of the appropriation. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Jtad e ' _ - - - - - 1,on...-3-7-i-92,.. 304 CRS -19 7 3 It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this 7 214 day of tbmiuAity , 1983. No protest Wits filed in this matter. The foregoing ruling is confirmed and approved, • . • Is made the Judgment ,,.. •fthisco Dated:4111111 ATER JUDGE p; o; the foregol5g mailed to all unset or record----Wate Eri irieer.-- (-arid EnginererDate /- /O -8.- ,4-/l4(151.1 8.- ,4-/Af1 .1 Clerk, Water Div. No. 5 BY THE REFEREE: -2- Referee Water Division`No. 5 State of Colorado • KKBNA Incorporated Consulting Engineers 1001 Grand Avenue Glenwood Springs CO 81601 303 945 8664 BOOK 606 PAGE 169 Founders Milo S. Ketchum Special Consultant E. Vernon Konkel 11923-1970) Michael 14 Barrett Donavon D. Nickel David E. Austin A J. Ryan (1908-1967) Principals Don T Pyle Donald C. Weber Leroy E. Tobler John K. Bright Charles 0. Keyes William B. O'Neal Neil F Dunbar Robert D. S (arrow Howard B Browning James R. Davis Marlin $. Oldlord LEGAL DESCRIPTION ROSE PROPERTY Pesach/Se Principals C. James Erickson Larry R Sward Da.,d D. Gulasps James a. Adkins A parcel of land situated in Lots 17 and 26, Section 35, Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows; Commencing at the Southeast Corner of said Section 35, a braes cap in place and properly marked; thence N.04°34'00"E. along the easterly line of said Section 35 510.80 feet to a point in the centerline of the Roaring Fork River, the True Point of Beginning; thence N.56°31'00"W. along said centerline 440.38 feet; thence N.51 48'00"W. along said centerline 124.10 feet; thence N.45°57'00"W. along said centerline 239.80 feet; thence N.64°33'00"W. along said centerline 507.80 feet; thence N.84°52'00"W. along said centerline 155.11 feet to a point on the westerly line of said Lot 26; thence N.04°25'58"E. along the westerly line of Lots 26 and 17 223.42 feet to a point on the southwesterly right-of-way line of old State Highway #82; thence leaving said westerly line S.60°31'00"E. along said right-of-way line 538.52 feet; thence along said right-of-way line along the arc of a curve to the right, having a radius of 915.00 feet and a central angle of 09°30'00", a distance of 151.71 feet (chord bears S.55°46'00"E. 151.54 feet); thence S.51°01'00"E. along said right-of-way line 339.40 feet; thence along said right-of-way line along the arc of a curve to the left, having a radius of 1472.50 feet and a central angle of 05°54'00", a distance of 151.63 feet (chord bears S.53°58'00"E. 151.56 feet); thence S.56°55'00"E. along said right-of-way line 205.00 feet; thence along said right-of-way line along the arc of a curve to the right, having a radius of 1392.50 feet and a central angle of 04°31'35", a distance of 110.01 feet (chord bears S.54°39'12"E. 109.98 feet) to a point on the easterly line of said Section 35; thence S.04°34'00"W. along said easterly line 113.13 feet to the True Point of Beginning; containing 3.89 arces more or less. August 5, 1982 KKBNA, INC. 1001 Grand Avenue Glenwood Springs, CO 81601 STATE OF COLORADO STOP age y•. County of Garfield ,« • E for Ik(nsfttGnent was acknowledged before me this /Q - day of August , 19 82, L; Rose .C1.1.yCoprLJs,i3e e),pires �, i 2 �Vitoo78myha and official seal. Notary Pub)ir No. 921A. N'A RRA NTY DEED. -To Joint Tenants. -Copyright ©1178 Bradford Publishing Co.. 1824.48 Stout Street, Denver. Colorado (523-5011) -1-78 Reception No. t,.fa.Jbb 722 __ 0ecorder. THISDEED, Made this /c,,dayof August ,1982, between JAMES L. ROSE of the County of Garfield Colorado. of the first part, and Robert L. DeRoeck and Glennyce R. DeRoeck 2505 Cisar Ct., Glenwood Springs, CO 81601 whose legal address is A of the County of Garfield Colorado. of the second part: and State of and State of ;UC1tJ411 t'� FILING STAMP GARFIELD AUG 11 1982 ::tate Doc. Fee $ --�r WI TN ESSETH, that the said party of the first part, for and in consideration of the sum of Ten and no/100 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, t he 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 parcel of land in Lots 17 and 26, Sec. 35,T.6S., R.89W., 6th P.M., more particularly described on Exh. A attached, also known as streetand number TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper- taining and t he 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 t he 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 ofwhatever kind ornature soever, except patent reservations and taxes for 1982 payable in 1983. 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 he 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 - L-- ° -'� _ [SEALI (SEAL' !SEAL] STATE OF COLORADO ST00 :• •.••• ••...04 County of Garfield foiA 1i (nsir. Cment was acknowledged before <f `Oc,J,: Rose t..Ats Coprpisi6oNeexpires 1 ss. James L. Rose me this /l' -- day of August , 19 82, 2 it s my ha and official seal. /` / , f/a•/_ L, ��L�- Notary Public ,�I�� /aLCI / /i�>s�y/ ��•�y�� No. 921A. %05RRANT,/DEED.—To Joint Tenontn.—Copyright©1978 Bradford Publishing Co., 1824-18 Stout Street, Denver. Colorado 1523.0011) —1.75 lin, 1)1!:1, May :• 83 Robert L. DeRoeck and Glennyce R. DeRoeck Garfield 00 Garfield and 1t I'1 i- SF] H. TP,I1 tYm said pa rtleS••I't h, fn'=t: 1.8, 1. for and in rn11>nit r:,tnn. ::1'tilt• -01114 Two Dollars and other good and valuable considerations Mama>mtccx - leS ftL1•fn.:p:u.t n n:,,id p:n.i he t 10 n:ud p:u t oflilt•..,ond p:u' t_tilt• 1�•crlpt w'in•rrul -...� ItIld a km•ul. rc• i. li:,ver,uu-,t.!It i,:1 rd. -..hl. 1..11,c ,•,i 1111,1 ll1•I.1' (TA 1\1F1,.:,nd In th,�. �. �. „•.nJ 111'11 1..\1>turaoth,•,111Ir ity ul' 1)14...,.11.1 part. his !�, 1'• con , i. 1. . ..... I1.. . �r �,. tit I, ..r ., ,.--t 11:1/Old Jt luun l ,chi -Ii 1111 �.,nl I :�rtleS.ul In Iv., Part -,'ih,..:i:.n.i-1111::1,.IcinC awl Itt mOW ...I A Farcl of land situated in Lot 27, Section 35, Township 6 Sou`` kange 89 West of the Sixth Principal Meridian, County of Car=i:id, State of Colorado; said parcel being more particularly cri.::e 7 as follows: Cc;'.r:cncinc at. the Northeast Corner of said Lot 2i, a rebar and cap in place; thence S. 86°20'06" W. along the north line of said Lot 27, 261.03 feet to the True Point of Beginning; thence leavinr said north line S. 29°29'00" W. 197.63 feet to a point on thc- centerline of the Roaring Fork River; thence N. 75°39'12" W. aloe:: raid centerline 242.78 feet; thence N. 82°09'22" W. along_ laic: centerline 237.65 feet; thence leaving said centerline P:. 00`08'00" W. 43.07 feet to a point on the north line of said ict :-; thence N. 86°20'06" E. along said north line 569.17 feet True Point of Beginning; containing 1.24 acres, more or (vacant land) •.. i. 1 ' 11, 11.1, t I : , ,' : r .. :1,.1Ir :, I.Inn 1. rd prn l 7.'4 - I •, • . 4 ,•.. r... r,. ::I.{ • 1141,,..7,c. .0, ..,II , 1.1 .' t:, t.•. richt. 101.•. 011011,•-r :,114111:,1111 ,c 11:.7, .: v,y • i . s 105 1' .tl,r .. 1:,•"'' ?? !>,I.,ILr,•n11 ttItt 1.,.1.4744 frt 41471 t,,'1, t... t1.. .44441 I.1r, Y 11111:1:1.11,1.Th, -...d p.,n leS,f tb. I'n =t l,:r1 hn ve h, rou 1114. x,•t' ei•�%:,nd5 ,.5 .,.. .1:,t :: r..! .,• f.r- 11.,.,. 1, It IttIt Robert L. DeRoeck .c:• .• Ir, ,,..,. . Glennyce R. DeRoeck --.11H- 1 ,'l,I,r,RA ,,,,, . f Garfield ,.i,• +. ., .. no ,•.Irdcrd h4'f,v, ,u. -Ilii• 1-;obert L. DeRoeck and Glennyce R. DeRoeck. A!. W0, n., ),anti Address: May xt'Cl.cded k -- M., Mad€ this day of May . between Joe Jammaron of the County of Garfield , State of Colorad,., of the first part, and `ert L. DeRoeck and Glennyce R. DeRoeck whose legal address is 2505 Cisar Court, Gier:-::oora Springs, of the County of Garfield and State of Colora.it,. of the second part: • ._ l:ecortr Recorder'. Stang, WITN ESSETH, That the said party of the first part, for and in consideration of the sum of Tc Dollars and other good and valuable considerations mummlut, to the said part Y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and quit claimed. and by these presents do es remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenant,. all the right. title, interest and demand which the said part of the first part ha; E ir, and to the following described lot or parcel of land situate, lying and being u the County of Garfield and State of Colorado, to wit: _rye' of land situated in Lot 18, Section 35, Township 6 Range 89 West of the Sixth Principal Meridian, County Garfield, State of Colorado; said parcel being more . rticularly described as follows: Commencing at the Southeast Corner of said Lot 18, a rebar and cEt in place, the True Point of Beginning; thence S. 86°20'06" W. afont the south line of said Lot 18, 261.03 feet; thence leaving said south line N. 29°29'00" E. 160.47 feet to a point on the utherly right-of-way line of County Road No. 154; thence F. 60°31'00" E. along said right-of-way line 210.26 feet to a on the east line of said Lot 18, a rebar and cap in place; ;-.once leaving said right-of-way line S. 04°25'58" W. along the east line of said Lot 18, 19.57 feet to the True Point of ecinninc; containing 0.45 acres, more or less. also known as street and number (vacant land) To HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title. interest. and claim whatsoever of the said part y of the first part, either in law or equity, unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy. IN WITNESS WHEREOF, The said part Y of the first part ha s hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in the presence of County of ss. Garfield STATE OF COLORADO, [SEAL] Joe Jarrmaron [SEAL] [SEAL] Th, foregoing instrument was acknowledged before me this day of tp a 2.. by Joe Jammaron �1 C)r'.:mi sion expires 1CITNESS n r hand and official seal. i�ccirCr No. 962. u; 111"1.A 1510 Ell.—To Joint Teo. U. yr.,dl.'rd 1',ih1i.hinp.514.:' bth A, . Ln1... May • 1 • GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING / ENVIRONMENTAL HEALTH / BUILDING: 945-8212 MEMORANDUM TO: Cindy Houben, Planner FROM: Ed Feld, Environmental Health Officer DATE: September 26, 1984 RE: Letter of Feasibility for Sewage Disposal - Mr. & Mrs. Robert DeRoeck Request for Exemption Based on the information received by this office and past experience with sewage disposal facilities in the immediate area of the proposed exemption, this office has determined and believes on-site sewage disposal facilities to be both feasible and practical, commensurate with both County and State regulations, provided proper permits are obtained prior to construction. It should be further noted that, due to the known conditions only the following types of on-site sewage disposal systems would be acceptable, provided unforeseen problems are not encountered. XX Approved septic tank and subsurface absorption area Approved septic tank and sealed dispersal system Approved septic tank and unsealed dispersal system XX System designed by a Colorado Registered Professional 100 8TH STREET Engineer Other as specified: P.O. BOX 640 GLENWOOD SPRINGS, COLORADO 81602 RICHARD D. LAMM Governor 4 .OF C�Cp44 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 October 29, 1984 Ms. Cynthia Houben Garfield County Planning Department P. 0. Box 640 Glenwood Springs, CO 81602 Dear Ms. Houben: JERIS A. DANIELSON State Engineer Re: DeRoech Exemption Lot 26, Sec. 35, T6S, R89W We have reviewed the above referenced application to split 5.74 acres into three parcels. The smallest parcel, 0.74 acre, would be transferred to the county to allow construction of a bridge. The remaining five acres would be split into two 2.5 acre tracts. These lots are proposed to be served by an existing spring. The spring was adjudicated in Water Court Case No. 82CW285. The spring's adjudication date is extremely junior and subject to administration. Because of this, we do not feel the spring provides a reliable water supply for the lots and do not recommend approval of this proposal. We have no objection to the splitting of 0.74 acre to allow construction of the bridge. Sincerely, Hal D. Simpson, P.E. Assistant State Engineer HDS/JRH:ma/3732 cc: Orlyn Bell, Div. Eng. RICHARD D. LAMM Governor OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 November 20, 1984 Ms. Cynthia Houben Garfield County Planning Department P. O. Box 640 Glenwood Springs, CO 81602 Dear Ms. Houben: JERIS A. DANIELSON State Engineer NOV2 6 1984 GARFIELD CO. PLANNER Re: DeRoech Exemption Lot 26, Sec. 35, T6S, R89W We have reevaluated the above referenced application to split 5.74 acres into three parcels. The smallest parcel, 0.74 acre, would be transferred to the county to allow construction of a bridge. The remaining five acres would be split into two 2.5 -acre tracts. These lots are proposed to be served by an existing spring. An existing spring has been adjudicated in Water Court Case No. 82CW285 to be used for domestic, irrigation, commercial, and industrial purposes. The spring's adjudication date is extremely junior and subject to administration. If the applicant can live with the potential of their water supply being shut off during periods of administration, we could issue an exempt commercial well permit for the remaining 2.5 -acre parcel. It should be noted that we are not commenting on the availability of an exempt well for the parcel that is to be served by the spring. We would be opposed to approving this split if it is envisioned that there will be any more than one new well needed for this split. Sincerely, A, -C,,vpih Hal D. Simpson, P.E. Assistant State Engineer HDS/RLS:ma/3859 cc: Orlyn Bell, Div. Eng. GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING / ENVIRONMENTAL HEALTH / BUILDING: 945-8212 November 1, 1984 Mr. Robert L. DeRoeck, Sr. Box 1419 Glenwood Springs, CO 81602 Dear Mr. DeRoeck, As you are aware, the Board of County Commissioners conditionally approved your request for a Senate Bill 35 Exemption on October 1, 1984. Enclosed is a copy of the conditions of approval. I have spoken with the Division of Water Resources regarding condition number 5. Their staff is still reviewing the application. In order for conditions one (1) and four (4) to be prepared it will be necessary for you to work with Leonard Bowlby. The surveyor who is chosen to do the work is welcome to contact me regarding the plat requirements. In addition it is necessary that you work with Mr. Bowlby to obtain a driveway access permit. (Condition #4) If you have any questions regarding the conditions of approval please let me knciw. Sincerely, Cindy Houben Planner GARFIELD COUNTY COURTHOUSE 109 8TH STREET, SUITE 306 GLENWOOD SPRINGS. COLORADO 81601 Receip•' ; • _X Proof of Pub • APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Owners namelobn 't L. Deoeck & Glennyce R. DeRoeck Sr. 3o c?. Date: 1‘-z9-1 9 Owners address: 2505Cisar Ct. 3-F. Glenwood 3prings Hearing Number: t 09 Phone: 9)15-6825 Practical description of where property is located: The property is 5.8 acres south of Glenwood and is between Old Highway 8, presently known as County 154 :toad and the center of the Roaring Fork , adjoins the Jammerion ranch where the gravel pit and asphalt plant is located to the old Hardwick Bridge. 1. Present zoning: :,gricultural/Indutri l Area: grit ]lturrl/ °_dl7 r al 2. Describe variance you are requesting: We are re:u -.satin;; -1. :;71iTv,;( mini.rr, .7c-Coao jo irn (5) _•e-:', _'ro:- :ren'c. 3. Why do you feel that the variance should be granted: (refer to instructions, use additional pages if needed) We are requesting this minimum setback because of the extreme topographic conditions of the site which is also extremely narrow. This release from the normal setback requirements is needed because extremely heavy equipment is to be stored there and in bad weather conditions cannot easily negotiate roads above five (5) percent grade. The building will be approximately twenty (20) feet in elevation and the roof line will be approximately even with the road in front of the building reauiring a driveway in excess of three hundred and fifty (350) feet. If this request is not granted the building will have to be moved downhill and will require a driveway close to nine hundred (900) feet and will scar up the entire nroperty, making it an attractive and unuseable for most possible future uses. • 7. The above information is correct to the best of my knowledge. Variance granted Variance denied Applicant X Board Vote: Member For Against Peter M. Cabrinha, Chairman X Mary F. Odell, Secretary X John W. Tripp X Leo F. Jammaron X Dr. Allan Bowles X Attested by: �_za z�t� xate,e Peter M. Cabrinha F. Odell Chairman 7;4ry Secretary Form approved by Board vote on April 18, 1974. • • 4. List all property owners within two hundred (200) feet of property for which variance is being requested. Copies of the Public Notice should be mailed to your neighbors by registered mail and the receipts presented at the hearing. James L. Rose, P.C. Box 566, Glenwood Springs, Co.; vlestbank Ranch A Ltd., P.O. Box 987, Glenwood 3;rings, Co.; Joe Jameron, 4915 State Hwy. 82, Glenwood. Springs, Co.;. Donald J. Ice, 1244 106 Road, Garbondale, Co. 5. Describe water supply, sewage facilities, utilities, and access to property. (uso additional pages if necessary) No water or sewage utilities planned at this time. In the future a well and septic will have to be installed if this is desired. This building is for equipment storage. Natural gas and electricity is available. 6. Attach a map of legal sized paper or smaller drawn to scale showing all im- provements (present and proposed) and all pertinent distances and area. Show all improvements on your property, and all neighbor's property within two hundred (200) feet of your boundary. 2 �s�, Why 3. L�?�U) t) �n hU fee e�trdJh l that a vt, release ''�? t des hf t the rOtjate anent 2� t.`re �oh�c c Y (,�� °ads s t,o7d1t2° ate - 3 fIr d in meet �e Ye t`V s;,oree tba� n" of d°. 3S0 ° of eva 5) ere ?u 1° u° the 1�, t tfie �1dZn d the f UtUre use t2 eZ 7ro, ere �e� eSt�1r1 t3' �'�Ve.s '2Oi e U . o. i rye Va �Y ( front e1 ,-(o. th re Aer d at hj ded� ae ce s • 01/4 k a 141 cks • • OAK /// r� ie/e /z / v L: 2 oz- a- rAig L4/Ay /re/ /COLO At 6vico,w,9-rf c r- c> iT�t/iw� S�Pt'mbN 6. 19'19 C. (S YOFo"r R/G