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HomeMy WebLinkAbout1.0 Application• vc,1_9(n BEFORE THE BOARD OF COUNTY COMMISSIONERS OF • a, GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1913) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979 Section 2.02.01 (d) and 3.02.01 the undersigned C0(rr4 F -fr c� r ; S err u respectfully petitioners the Board of County Commissioners of Garfield Courjty, Colorado, to exempt by resolu- tion the division of Li. .5 3 acre tract of land into 0;1-- tracts of approximately .01..2-5 acres each, more or less, from the difinitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (a) - (d) and the Garfield County Subdivision Regulations, for the reasons stated below: For 50A) To b. , ld h 1) In support of this petition, the petitioner also submits the following: (a) Map drawn to scale showing proposed lot subdivision and access (b) Copy of deed (c) Vicinity Map (d) State on source of domestic water e Statement on method of sewage disposal (f) 100 year floodplain information where live stream crosses or ad'oi s said tract (g) Fee in the amount of $ (h) Evidence of the soil types Submitted at Glenwood Springs, Colorado, this day of , 19__ Peti ti onef Mailing Address ,c7er jai C3) 62.s-- /5e 7s - Tel Num er 7 • • r -- .2S/' CNA Recorded at10.4 .o'clock. -Aa M. ti August 7. 195) Reception No........ 29° Chas. S. Keenan THIS DEED, Made this t;Z year of our Lord one thousand nine hundred and between of the first part, and (;. E. ''verrmre and Doris >3yerrtmi of the County of day of fifty—three Jule' neo G r l Pace 253 Recorder in the County of and State of J f Garfield and State of Colorado, of the second part: WITNESSETH, That the said part y of the first part, for and in consideration of the sum of 00.00 and other good and valuable consideration 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 granted, bargained, sold and conveyed, and by these presents do e s grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the follow- ing described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: All of private Lots 5 and 6 of the James T. McCary land according to plat of same made by Theodore Rosenberg in September, 1908, and described as follows, to—mit: Coeeencing at a point or the east and west center line of Sec. 31, Tp. 6 S., R. 94 .. 3t, P. M. whence the 1/L Corner of Sec. .31, Tp. 6 J., a. 94 :1. and Section 36, > r t 30 feet; thence sou;;'.' 9°311 Last 502.5 feet; thence ice?. J S. .6. ,fie +Yr. bears west ::out:_ 0°401 east 746.5 feet; thence east it ;3.4 feet; thence north 331 t're;:st 1330.1 feet; thence vest 620.79 feet to the place of beginning, containing 16.231 acres more or 'lees, togother with all Titch rights and 'rater rights whatsoever belonging to, adjudicated to,or used with said land, and more particularly a proportionate interest .Ln and to that portion or part of the Canary Bird Ditch, as in represented or"' c..:� the ';:es'�. Spring and all other sprigs that unite with said jest de3�.:;:lazed Spring and also a i,__^c iortiOnat`: interest in the L'•cCary Ditch of the 52 cubic feet of water per re:nute . -ef t_ne adjudicate to Jane:• 'i. Y cCar;,-'s original 60 acres of land, the proportio: of ell the above desce' ' rater ...ing in the ratio of 16.25 acres to '^ acres, the above dencribed lain. :dlik; —Tent Lot. 3, said section, township anse/ ran :e. Also 27 2/ 3 cup, ec .. c; s t ol wa l.c?' rt." w 01 v lavat. a uL of eee from 2ricrlty lit. 7 in the Carp Bird Ditch, hater District 'A). 45, toeeter with a proportional interest in and to said ditch and ditch rij ht of ;ray, being the same di toe and muter rights ment;_o°ied and described in warranty deed of record in book 171 at page 324 of tee records of the office of Clerk and Recorder of said Garfield Ceanty. :also 97 1/3 eubic feet of water per minute of time out of and from Priority No. 7 in the Caip Bird Ditch, 'nater District No. 45, together with a proportional interest in and to said ditch and ditch right of way, being the same ditch and water rights mentioned and described in Doc. No. 74624 filed of record in the office of the Clerk and Recorder of said Garfield County on March 12, 1921 in book 125 at page 54 thereof; making a total of water hereby conveyed of 125 cu. ft. of water per r.1i.r.'ite of time, Lo;;ether with a proportionate ditch and ditch richt of way, out of and ,'r w; i the said The Camp Bird Ditch in said Water District No. )45. ., so a parcel of land situated in the Southwest corner of Lot 2, Section 31, Tp. 6 S., R. 94 W. of the 6th P. M. CO:1Tn:lacing at the Southwest corner of sold Lot 2; thenceI 'od.s thence East 25 rods; thence North 10 rods; :rest 7 � roes; tI_�.:nce :North :� � �'; thence .'Test 177, rods; thence South 1)4 rods to the point of beginning. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part Y of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. 4o. 768 w.t RR &NTY DEED.—T.. !tont Tenant* -"Me Bradford-Rabiuson Ptt. Co.. Mfrs. Robinson's Legal Blanks, 1846 Stout St., Denver, Colo. Recorded at Reception No... o'el.ok. 41. `a : • . va. tRnat Recorder. stuff � tib. Mede this 1?t' day of May year )f ear Lord one thousand nine: hundred and r. oT'C V en , between Inas '?rp in the of the County of r.larfl old Colorado, of the first part, and ^ . E. 3yerrurf and Dor; s Byerrum of the Colorado, of the second part: WITNJ S3ETR, that the said part y of the first part, for and in consideration of the sum of _-Te); Dollars and other Eood and valuable coilsi_deration ieAbl„Ariitii to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby con'e:eeed Ind acknowledged, ha s geanted, bargained, :old and conveyed, and by these presents do eS grant. bargain, sell, convey and confirm unto the said parties of the second part, not in to:Joe - it common hut in joint tenancy, the survivor of them, their ae;ilrns ar't the h. irs and assigns of =ueh survivor forever, all the follow - trig of :an,? ;itnst.- lying and being le the (".users trigg described lot or p of and State ,"` i'e•' 'tido, to -wit: that portion of Section 31, T1� . S. R. 94 W. �t P.r., described as beginn- 1 . z,,.;.; 412.5 feet Past of the SW! corner of Lot 2; thence erl3e0ffeet�iagt east; dthewn nce .feertl: t 215 feet, which is within 100 feet of the auroya; south of the auroya to the NW corner toT the°placetof egizuling;which is enorth of containingtleandac.e of beginning; thence South 152 1/2 acres, more or less; together with water right of .608 of foot of water for the irrigation of said land, said water being from Priority No. 7, in the Camp Bird Ditch, as adjudicated by Decree of District Court for Water District No. 45; together with all improvements situate thereon. A small tract of land situated in the Northeast corner of Private lot Ones( �� Section 31 Township Six S. Range Ninety-four W. 6th P.M. containing Onw.acres of land as taken from Enoch t�heArecordn of°theeClerker andSRecoreier of and (#arfielc re- corded in Book 171 at page 424 County, Colorado. County of Garfield and State of and State of convey the Faure In manner and form aroreArild, and that the tame are free and clear room alt former aha other grants. bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever. and the above bargained premises in the quiet and peaceable possession of the said parties of the second pati, the survivor of there. their assigns and the heirs and assigns of such survivor. against ell and p'e'rk' rerser lawfully ciaix.neg or to claim the whole or any part thereof, the said part y of the first part shall and «ill WARRANT- AND FOREVER DEFEND. i t hand and seal theIN WITNESS WHEREOF the said part y of the first part ha 3 hereunto set day and year first above written. <.. Pled and Delivered in the Presence of ✓\ Signed {SEAL] (SEAL] :STATE OF COLORADO, as. County of Garfield. i The foregoing instrument was acknowledged before me this 12th day of tit `+.' .l. 1). 1:J 4r' ,by' 1n€iL By 31T U1r1 liaeoomeassass N , ,• ,<44•1' [SEAL] ..[SEAL] . Witness sty hand and official seal. . Bradford -Robinson Pte. Co.. Mfrs. Robinson's Legal Blanks. D. uver. name or names; if by person acting in repregeni. t'v'e ur offsets: ca•,ycity or as x. i 'or, attorney -in -tae+ or ..,ther capacity or dxacr:. tton ; if by officer of cur - the president or other otticers of such curpornt:o", nninint; 11.--htatvtoe; .11111,100.. n Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. CRADO DIVISION OF WATER RESOURCES 818 nnial Bldg., 1313 Sherman St., Denver, Colt 80203 PERMIT APPLICATION FORM (� ) A PERMIT TO USE GROUND WATER (y) A PERMIT TO CONSTRUCT A WELL FOR: (x) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO ( ) OTHER WATER COURT CASE NO RECEIVL Ot; 31 '80 WATER RL44URal1 SLft wawa (ata. (1) APPLICANT - mailing address NAME `- E STREET S %d'I CITY P0� o 11ure. o? 4, f nic) e/dj5 TELEPHONE NO (State) (Zip) 2 - / )5 (2) LOCATION OF PROPOSED WELL County Gar- roc id 5.1") V of the/oT2- Y., Section Twp. 6 S Rng. 7 w , IN.SI IE.W) 3/ 6Th P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground to be appropriated (acre-feet): Number of acres to be irrigated: Proposed total depth (feet): water Is 1.5 ,v0�e !OD Aquifer ground water is to be obtained from: Lava p.ae..K Owner's well designation v GROUND WATER TO BE USED FOR: KHOUSEHOLD USE ONLY ►DOMESTIC (1) LIVESTOCK (2) 1 COMMERCIAL (4) ( - no irrigation (0) ( ) INDUSTRIAL (5) ( 1 IRRIGATION (6) ( ) MUNICIPAL (8) OTHER (9) DETAIL THE USE ON BACK IN (11) FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No /6 93V V Basin Dist. (4) DRILLER Narne " �P,u5;PS St -Pet City 11 (State) (Zip) Telephone No. Lic. No CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPROVED FOR HOUSEHOLD USE ONLY, FOR ONE (1) SINGLE FAMILY DWELLING AND NOT TO BE USED FOR IRRIGATION. THE RETURN FLOW FROM THE USE OF THIS WELL MUST BE RETURNED TO THE SAME STREAM SYSTEM IN WHICH THE WELL IS LOCATED. c r^.,\' �ttv ',bit.; 1, APPLICATION APPROVED PERMIT NUMBER JAN 13 1981 117826 EXPI DATE JAS,• 1319083 (ST: TE`"f:NGIINNER) — 1.1321v' COUNTY 23 (5; I HE LOCATION OF THE PROPOSED WELL and thi, rur•:r on wii,r sic vv,'1r v.,il be t:,ed must lrilicdted on the di.iyrrm below. .)se the CEN l LR SECTION (1 sect 640 acres) for the well location. + — 14 + 4_ + + 5Cc .3 / iPs6�/ 0 civ s� a1r4-e 6 P NORTH SECTION LINE - - - - - + - + - -j- - -}- - -�- --- 1 MILE, 5280 FEET —� NORTHt J Z O N SOUTH SECTION LINE t -4- + + 4 -* 4 " �- I The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. _ 1 (6) THF WELL MUST [3E LOCATED by dillices from section lines. 60n- UD ft. from �UrTN sec. line (north or south) rlOO "7 ft. from e67- sec. Zine (east or west) LOT 2 BLOCKS"Q FILING * SUBDIVISION S ecTroA.' 3/ (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: arseol F on 0,4-4 No. of acres J.:, 5 Will this be the only well on this tract? y e.3 (8) PROPOSED CASING PROGRAM Plain Casing 7 in from D ft to in from ft to ft Perforated casing 2 in. from ft to /0 O ft in from ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): Csirr, 1 E o" Oc--•rs 'Bye/` Legal description: 26 7- c2. r S� c r"--) j% (11) QETAILED DESCRIPTION of trlle`(i. system to be used. " v->1 No. of acres: aZ x_ r,0 I S I'Q 1,1 g) oo F ]6 P„� / , 5 w eoT E7 orgfounc atee :ffo6e�to�f use end domesk I ustidicite t�yp of ispaaT~i~) Ta/G leo/c'1 Fie (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right �r-f%r59 T/c.� Used for (purpose) Description of land on which used 1, r4( Fr. L'4.„,, .E,^d4T JoTA, . sP, Pio j / Tp 6 p 9 y C t: of- 6 /9-.1 r% y it% 3" A) [QT ,i e-/7 1' E J i A A) / 7 R S 2 4 T> b/9wA'�7 (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST -OF HIS KNOWLEDGE. _9 vLe SIGNATURE OF APPLICANT 1 Use additional sheets of paper if more space is required. I 1 I -Loi �-}- — — — + — - I 7F II — — + _ — II — + _ I I I I SOUTH SECTION LINE t -4- + + 4 -* 4 " �- I The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. _ 1 (6) THF WELL MUST [3E LOCATED by dillices from section lines. 60n- UD ft. from �UrTN sec. line (north or south) rlOO "7 ft. from e67- sec. Zine (east or west) LOT 2 BLOCKS"Q FILING * SUBDIVISION S ecTroA.' 3/ (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: arseol F on 0,4-4 No. of acres J.:, 5 Will this be the only well on this tract? y e.3 (8) PROPOSED CASING PROGRAM Plain Casing 7 in from D ft to in from ft to ft Perforated casing 2 in. from ft to /0 O ft in from ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): Csirr, 1 E o" Oc--•rs 'Bye/` Legal description: 26 7- c2. r S� c r"--) j% (11) QETAILED DESCRIPTION of trlle`(i. system to be used. " v->1 No. of acres: aZ x_ r,0 I S I'Q 1,1 g) oo F ]6 P„� / , 5 w eoT E7 orgfounc atee :ffo6e�to�f use end domesk I ustidicite t�yp of ispaaT~i~) Ta/G leo/c'1 Fie (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right �r-f%r59 T/c.� Used for (purpose) Description of land on which used 1, r4( Fr. L'4.„,, .E,^d4T JoTA, . sP, Pio j / Tp 6 p 9 y C t: of- 6 /9-.1 r% y it% 3" A) [QT ,i e-/7 1' E J i A A) / 7 R S 2 4 T> b/9wA'�7 (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST -OF HIS KNOWLEDGE. _9 vLe SIGNATURE OF APPLICANT 1 Use additional sheets of paper if more space is required. RICHARD D. LAMM Governor DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 February 20, 1981 Mr. Davis S. Farrar Garfield County Planning Dept. 2014 Blake Ave. Glenwood Springs, CO 81601 Re: Byerrom Exemption & McPherson Exemption Dear Mr. Farrar: J. A. DANIELSON State Engineer We have reviewed the material submitted for the above referenced exemption applications. The developer proposes to use wells for the water supply which would intercept ground water which is tributary to the Colorado River at a point where there is still water available for appropriation. This office can issue individual domestic well permits to individual lot purchasers and we recommend approval of these proposals. HDS/GDV:pkr cc: Lee Enewold, Div. Eng. Land Use Commission Ralph Stallman Very truly yours, Hal D. Simpson, P.E. Assistant State Engineer FEB 2 4 1981 cL GAKrjELD CO. PLANNER Recorded at o'clock ?�f, Reception No. Recorder. C. E. BYERRUM and DORIS BYERRUM whose address is 5781 309 Road Rifle, CO 81650 County of Garfield , State of Colorado , for the consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION --- ,El/ I /ss in hand paid, hereby sell(s) and convey(s) to C. W. BYERRUM whose legal address is 3012 215 Road, Parachute, CO 8L635 County of Garfield , and State of Colorado the following real property in the County of Garfield , and State of Colorado, to wit: Beginning at the West one-quarter Corner of Section 31, Township 6 South, Range 94 West of the 6th P.M., Garfield County, Colorado; thence S.0°28'03" E. 21.81 feet along the West line of Section 31; thence N.89°52'00" E. 367.32 feet; thence N.0°28'03" W. 213.26 feet; thence N.66°30'00" W. 143.70 feet; thence S.87°07'00" W. 206.87 feet; thence S.89°31'57" W. 30.32 feet; thence S.0°28'03" E. 239.01 feet along the West line of Section 31 to the point of beginning, containing 2.167 acres, more or less. Together with all water rights and permits, more particularly described as follows: Also 97 1/3 cubic feet of water per minute of time out of and from Priority No. 7 in the Camp Bird Ditch, Water District No. 45, together with a proportional interest in and to said ditch and ditch right of way, being the same ditch and water rights mentioned and described in Document No, 74624 filed of record in the office of the Clerk and Recorder of said Garfield County on March 12, 1921 in Book 125 at Page 54 thereof, also known as street and number with all its appurtenances, and warrant(s) the title to the same, subject to the 1981 general property taxes, patent reservations, restrictions, ease- ments and rights of way of record. Signed this STATE OF COLORADO, day of C,L County of Garfield }ss. C. E. B , 1981 errum Doris Byorrum The foregoing instrument was acknowledged before me this / 5 day of 72 j ,1981 , by C. E. BYERRUM and DORIS BYERRUM My commission expires / Witness my hand and official seal. NnLry Public No. 897. Warranty Deed—Short Form — Bradford Publishing Co. 151h, Vies' 44th Atcnuc. Gulden. Colorado K0401 — Ii0' 278 0t.44— 10-80 • • OSE OF EXEMPTION: 4 ,� � 11- 5 3 EXEMPTION ONING: A/R./R-3 QUALIFICATION FOR S.B. 35 /J.go 'A e9e/6-22) C!'"u").-4Ag4C) L2A61)' .71"." 5 ÷ cY--"1"-6/ LOCATION OF SITE: Q &A ', 3Z3 ick"'`) 30 K8) &..x•31 -1-Cs 'R-9 / I l� U� u' �Mwc. 6. 3o9 -b'3 ,z3 girmex j-? j1. WATER : G (/-n_ .c o`v- e'x ccs 1 U ,U DIV. OF WATER RESOURCES RESPONSE: 40 -.-cg [,6.we, SEWER: CHECK LIST: ✓ N FEE PAID ($50 +1.00/acre for each parcel created under 35 acres) X MAP showing proposed lots and access X DEED >< VICINITY MAP IVA 100 yr floodplain info. SOIL MAP N/A IF community water, letter of approval from governing body COMMENTS: *, 61244,4,, xze.,„t, 3/// ct fr- � Lt. 53 o-c,.p+0,A-e, c` .</vAA-A-A- :` 19 5 3 .