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HomeMy WebLinkAbout1.0 ApplicationBEFORE TIOBOARD OF COUNTY COMMISSIO•S 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 Richard Hendrick respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 37.77 acre tract of land into_ 2 tracts of approximately 2.6 & 35.1 acres eochc, more or less, from the definitions of "subdivision" and subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: SEE ATTACHED LETTER SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information. A. Sketch .map at a minimum scale of 1"=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; B. Vicinity map at a minimum scale of 1"-2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by the applicant, or a :letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining anal within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F.. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A 33.00.00 fee must be submitted with the application. Petitioner 660 NW Harrison Blvd. Mailing Adress Corvallis OR 97330 City State 503-753-5741 Telephone Number • X 6285 6/24 A ......... 34' -IL mow: 'ice �nJ\ I�'i',r+ - , �-••: 6/70 • • •35 : . • I lr�-- I � /:����,Carbondl�le � I V " • j. 0\ I) 0 • N O :' 36 623< U -=6 WC+6239 ,\~~ ••••,17.,I/ 402,:r __ �' 6742 F6-3- 1 Hill IHlI • 4 n L EET gal Survey Nhere mchecked 10 : G' I: // a n '09 12'30" P23' 25MILS / 12° 213 MILS UTM GRID AND '1987 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET F '10 REDSTONE 15 MI. MARBLE 27 MI, 31 /MOUNT SOPRIS) '12 4562 / SW SCALE 1:24 000 0 '13 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET H I---1 1--1 .5 0 1 KILOMETER I—I I --I 1—I CONTOUR INTERVAL 40 FEET DOTTED LINES REPRESENT 20 -FOOT CONTOURS NATIONAL GEODETIC VERTICAL DATUM OF 1929 \/IC.LI41TY IAA? THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS R SALE BY U. S. GEOLOGICAL SURVEY, DENVER, COLORADO 80225, OR RESTON, VIRGINIA A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST CRYSTAL ACRES HENDRICK EXEMPTION CRYSTAL VILLAGE • PARCEL 1 '''. 2.6 acres o 0 jay ••X33 • opo /,. ` /' dd a • PARCEL 35.1 acr 6200 • • GRAY RANCH 1 1 1 •1 1 scale i•- zoo' 5/31/91 • • 7 - land design partnership May 21, 1991 ATTENTION: Mark Bean Planning Director Garfield County Planning Department 109 8th Glenwood Springs, CO 81602 RE: Hendrick Subdivision Exemption Dear Mark: Attached, herewith, please find the appropriate supplemental information and application form for a subdivision exemption for a 37.778 acre parcel of land owned by the Hendrick family. The parcel is located adjacent to the City Limits of the Town of Carbondale. The property is bounded on the north by the Crystal Village PUD; on the east by Hwy. 133; on the west by the proposed Crystal Acres Subdivision; and, on the south by the Crystal River and Gray Ranch PUD. Richard Hendrick has Power of Attorney to act as the legal representative of the Hendrick family members in regard to this property. The subdivision exemption requests the creation of a 2.6 acre parcel of land, leaving a 35.1 acre tract. The 2.6 acre parcel is located in the northwest portion of the property and includes an existing single-family residence. Two occupied residences are located on the remaining large tract. All three residences apparently were in existance prior to 1970. According to the family members, 2 parcels have been created from the original Hendrick tract that existed in January of 1973. One pacel was sold to Sego Services and became part of the Crystal Village PUD. Another tract was more recently sold and is now occupied by the senior housing project. This would leave the opportunity for the creation of 2 parcels from the remaining land in accordance with the Garfield County Subdivision exemption criteria. The existing residences are accessed by easement from Hendrick Drive, a Town of Carbondale public street. The large tract also has frontage on Hendrick Road and Hwy 133. The residence on the 2.6 acre parcel and one of the other residences is served by Town of Carbondale domestic water. The other residence is on a private well. All three have a septic tank and leachfield for wastewater treatment. P.O. Box 517 • Glenwood Springs, Colorado 81602 918 Cooper Avenue (303) 945-2246 • • page 2 Mark Bean As is evidenced by the adjacent subdivisions and the attached SCS Soil Descriptions, the property is well adapted for single-family home sites. The southwesterly edge of the larger tract is affected by the Crystal River flood plain. Sale of the 2.6 acre parcel may be used to investigate other land use options on the larger tract of land including possible annexation to the Town of Carbondale. Ronald B. Liston Attachment SOIL CONSERVATION SERVICE SOILS DESCRIPTIONS The entire site is mapped as X11C - Atencio-Azeltine complex except for a very narrow sliver along the edge of the Crystal River which is outside any developable area of the site. • '6/85 13--Atencio-Azeltine complex, 3 to 6 percent slopes. This map unit is on alluvial fans and terraces. The native vegetation is mainly grasses and shrubs. Elevation is 5,900 to 6,500 feet. The average annual precipitation is 15 to 18 inches, the average annual air temperature is 44 to 46 degrees F, and the average frost -free period is 105 to 120 days. This unit is 60 percent Atencio sandy loam and 30 percent Azeltine gravelly sandy loam. The components of this unit are so intricately intermingled that it was not practical to map them separately at the scale used. Included in this unit are small areas of soils that are similar to the Atencio and Azeltine but have finer texture. Also included are small areas of gravel bars. Included areas make up about 10 percent of the total acreage. The Atencio soil is deep and well drained. It formed in alluvium derived dominantly from sandstone and shale. Typically, the surface layer is reddish gray sandy loam 6 inches thick. The next layer is sandy loam 4 inches thick. The subsoil is sandy clay loam 10 inches thick over gravelly sandy loam 4 inches thick. The upper 6 inches of the substratum is gravelly sandy loam. The lower part to a depth of 60 inches is very gravelly sand. The soil is noncalcareous to a depth of 20 inches and calcareous below that depth. In some areas the surface layer is gravelly or cobbly. Permeability of the Atencio soil is moderate to a depth of 30 inches and rapid below this depth. Available water capacity is low. Effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. JD/ /3-- 1 • The Azeltine soil is deep and well drained. It formed in alluvium derived dominantly from sandstone and shale. Typically, the surface layer is reddish gray gravelly sandy loam 9 inches thick. The upper 7 inches of the underlying material is gravelly loam. The lower part to a depth of 60 inches is extremely gravelly sand. The soil is calcareous throughout the profile. In some areas the surface layer is cobbly loam or sandy loam. Si 1%r ('a f‘14) Permeability of the Azeltine soil is rapid,1below a depth.of 16 inches. Available water capacity is low. Effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight.. This unit is used mainly for irrigated hay and pasture. It is also used for cropland, urban development, wildlife habitat, and rangeland. If this unit is used for hay and pasture, the main limitations are low available water capacity and small stones. Grasses and legumes grow well if adequate fertilizer is used. Using management that maintains optimum vigor and quality of forage plants is a good practice. Because these soils are droughty, applications of irrigation water should be light and frequent. Irrigation water can be applied by the corrugation, sprinkler, and flooding methods. If properly managed, this unit can produce.4 tons of irrigated grass hay per acre.. This unit is moderately well suited to irrigated crops. If furrow or corrugation irrigation systems are used, runs should be on the contour or across the slope. If properly managed, this unit can produce 70 bushels of barley per acre. Z The potential ant community on this unit is mainly western wheatgrass, Indian ricegrass, needleandthread, big sagebrush, and Douglas rabbitbrush. Nevada bluegrass, prairie junegrass, and bottlebrush squirreltail are also present in the potential plant community. The average annual production of air—dry vegetation is about 800 pounds per acre. Management practices suitable for use on this unit are proper grazing use and a planned grazing system. If the range vegetation is seriously deteriorated, seeding is needed. The main limitations for seeding are cobbles and stones. For successful seeding, prepare a seedbed and drill the seed. Brush management improves deteriorated areas of range that are producing more woody shrubs than were present in the potential plant community. If this unit is used for homesite development, the main limitation is small stones. Population growth has resulted in increased construction of homes on this unit. Topsoil can be stockpiled and used to reclaim areas disturbed during construction. Removal of gravel and cobbles in disturbed areas is needed for best results when landscaping, particularly in areas used for lawns. If the density of housing is moderate to high, community sewage systems are needed to prevent contamination of water supplies as a result of seepage from onsite sewage disposal systems. The map unit is in capability subclass IVe, irrigated, and VIe, nonirrigated. It is in Rolling Loam range site. /03 DESCRIPTION • A tract of land situated in Lot 16 of Section 33 and in Lot 13 of Section 34, Township 7 South, Range 88 West of the 6th P.M. and also in Lot 4 of Section of Section 3 and in Lot 1 of Section 4, Township 8 South, Range 88 West of the 6th P.M., Garfield County, Colorado, and being more particularly described as follows: Beginning at a street center monument at the centerline intersection of Eighth Street and Euclid Avenue in the Town of Carbondale, Colorado; thence S 89°57'00" E 1.76.62 feet; thence S 00°03'00" W 826.30 feet; thence N 75°54'00" W 45.70 feet to the true point of beginning; thence along the west line of a parcel of land described in Book 700 at Page 722 of the Records of the Garfield County Clerk and Recorder the following two (2) courses: [1] S 00°35'42" E 460.77 feet; thence [2] S 00°40'59" E 298.46 feet; thence along the south line of said parcel described in Book 700 at Page 722 S 89°57'00" E 35.33 feet; thence N 89°19'15" E 112.93 feet along the south line described in Book 700 at Page 722; thence S 00°03'00" W 239.60 feet to a point on the northerly boundary of a tract of land described in Book •457 at Page 97; thence along said northerly boundary the following two (2) courses: [1] S 87°56'00" W 893.80 feet; thence [2] S 02°04'00" E 14.26 feet to a point on the southerly boundary line of said Lot 4; thence S 88°10'34" W 562.67 feet to the center of the Crystal River; thence N 75°23'42" W 41.40 feet down the center of said Crystal River; thence N 74°50'00" W 443.75 feet down the center of said Crystal River; thence N 00° 11'30" E 283.07. feet; thence N 01°27'00" E 81.61 feet; t thence N 00°20'30" E 300.12 feet; thence N 00°45'30" E 170.93 feet to the Southwest Corner of Crystal Village Planned Unit Development, Filing No. 4, Town of Carbondale, Colorado; thence along the southerly boundary line of said Crystal Village PUD, Filing No. 4, on the following courses: S 88°33'32" E 116.61 feet; thence S 86°51'58" E 87.01 feet; thence S 53°37'16" E 146.89 feet; thence S 47°39'4-4" E 79.77 feet to the Southeast Corner of said Crystal Village PUD, Filing No. 4; .thence leaving said southerly boundary line on a course bearing S 47°39'44" E 74.28 feet; thence S 33°08'00" E 400.00 feet; thence N 56°52'00" E 400.00 feet; thence N 33°08'00" W 400.00 feet to a point on the southeasterly boundary line of an access utility and drainage easement described as Reception No. 263837 in Book 461 at Page 509 of the Records of the Garfield County Clerk and Recorder; thence along said southeasterly boundary line on a course bearing N 56°52'00" E 595.08 feet to a point on the southwesterly right-of-way line of Highway No. 133; thence along said right-of-way line for 478.31 feet along the arc of a 1206.00 foot radius non -tangent curve to the left, the chord of which bears S 61°26'31" E 475.18 feet; thence S 75°54'00" E 76.05 feet along said right-of-way line to the true point of beginning. Said parcel contains 37.778 acres, more or less. SURVEYORS CERTIFICATE I, KENNETH R. WILSON, BEING A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS PLAT WAS PREPARED BY ME AND UNDER MY SUPERVISION FROM A SURVEY MADE BY ME AND UNDER MY SUPERVISION AND THAT BOTH THE SURVEY AND PLAT ARE TRUE AND ACCURATE TO THE BEST OF MY BELIEF AND KNOWL EDGE. (eJ-772/1-'1 KENNETH R. WILSON LS 15710 DATE �+f'���"'t4',cic�j A �r}] i LS 15710 s,.r iks O� `co'-'° qr i -Minis z D nnDnI- M rvrra !tor% • C POWER OF'ATTORNEY }(NOW ALL LIEN BY THESE PRESENTS, That 1 Thomas I . HPnrlrsrk have made, constituted and appointed and by these presents do make, constitute and appoint Richard M. Hendrick true and lawful attorney for me and in my name, place and stead, to execute all documents necessary to give legal effect of the sal e/yl 1y'tNtf4/)/J//// of,ny interest in certain real property in Garfield County, State of Colorado, to wit: 37.94 acres know as the "Hendrick Property" with a metes and bounds description located in Section 3, Twonship 7 South Range 88 West of 6th P.M. The undersigned hereby grants unto the named attorney in fact the power to per- form any and all acts necessary to p(rS• AlaVd, sell AliAlkilkiAkkAi said property, including, but not limited to, the execution of any and all documents including /iiSmu,(yfyfumomq' ilvyxy, deeds, settlements sheets, disclosure forms, accept- ance statements, warranty deeds and W,/ r/V7VVI (OW/WNAWAY ail OWft ; also the power to sell, convey and transfer title and deliver deeds. Dated the f_c,na day of rrN , 1991, at llA� CofaroA Ayre r \ UC. G (-tt ) . CO (,Q rq 4,0 STATE OF CoLoo • ) s s : COUNTY OF MCSA Thomas L. Hendrick The foregoing instrument was acknowledged before me this 2/0b day of Maj , 19 9i , by -0 L, HENb�rc.►c Witness my hand and official seal. p z iii My Commission expires �r/92, Notary Public • • C POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That 1 Carolyn Ershler have made, constituted and appointed and by these presents do nuke, constitute and appoint Richard M. Hendrick true and lawful attorney for me_ and in my name, place and stead, to execute all documents necessary to give legal effect of the sal e/WO,af ilt:N//// of my 'interest in certain real property in Garfield County, State of Colorado, to wit: 37.94 acres know as the "Hendrick Property" with a metes and bounds description located in Section 3, Twonship 7 South Range 88 West of 6th P.M. The undersigned hereby grants unto the named attorney in fact the power to per- form any and all acts necessary to pi►k/oi1rI1/, sell zSM/h,f iniloid said property, including, but not limited to, the execution of any and all documents including /i404/Wl/,f►WYVAVV/jl6W , deeds, settlements sheets, disclosure forms, accept- ance statements, warranty deeds and fyE-,/r/i yfNYVV/ ( >, AN .,/,bYANYVVIMO&; also the power to sell, convey and transfer title and deliver deeds. Dated the day of ,Q Cly LJ G , 197/, at JI (1 I Carolyn Ersh er STATE OF P/7/)44- ) COUNTY OF c<<� ) ss Th fore oing instrument was rknowledged before me this v2`diy of A-0.4 ytit , 19 (I, by 'll���,1 < Jl Witness my hand and official seal. My Commission expire Odmisg'ir*e+^,, zr Notary Public • CC P'Y POWER OF JITTORNEY }:NOW ALL MEN BY THESE PRESENTS, That I Harry Clifford Hendrick have made, constituted and appointed and by these presents do make, constitute and appoint Richard M. Hendrick true and lawful attorney for me and in my name, place and stead, to execute ► all documents necessary to give legal effect of the sal e/OprOm,e/,bb'//// ofmy interest in certain real property in Garfield County, State of Colorado, to wit: 37.94 acres know as the "Hendrick Property" with a metes and bounds description located in Section 3, Twonship 7 South Range 88 West of 6th P.M. The undersigned hereby grants unto the named attorney in fact the power to per- form any and all acts necessary to ObbilaVd, sell AAAlkikka4d said property, including, but not limited to, the execution of any and all documents including /ib,CN/,Q,fyfV,fWyVAR/ilyVXY, deeds, settlements sheets, disclosure forms, accept- ance statements, warranty deeds andJW,Atjfdp'1 YVV/WWWvti!'✓AM/11/alaVVii; also the power to sell, convey and transfer title and deliver deeds. Dated the fh day of 197/ at j9 /V7 Ce—AWIO i Harry C ifforHendrick STATE OF allalhelb ) ) s s : COUNTY OF ) The foregoing instrument was acknowledged before me this fj,- day of z4ee/ , 19_.71+ by — �4� ad/16 .d /19440,e/`, Witness my hand and official seal. My Co.mmi ssi on expi rM' Commission expires March 7,1992 otary Public i • June 3, 1991 HENDRICK PROPERTY ADJACENT PROPERTY OWNERS Parcel # 2393-334-07-012 Robert A. & Susan M. Johnson 1382 Oak Run Road Carbondale, CO 816232 -013 William Franklin & Renae Dawn Colton 1391 Rock Court Carbondale, CO 81623 - 014 Michael V.T. & Valerie D. White 1387 Rock Court Carbondale, CO 81623 -015 Joan Purdy Dykes 1362 Snowbunny Lane Aspen, CO 81611 -016 Michael B. & Eva B. Cerise 1333 Rock Court Carbondale, CO 81623 -017 Mark & Eva Hogan 1339 Rock Court Carbondale, CO 81623 - 018 Allan K. & Patricia Lauren Blick 1345 Rock Court Carbondale, CO 81623 - 019 Mel R. & Cheryl A. Kahn 1351 Rock Court Carbondale, CO 81623 -020 Vicky Kiehm 1357 Rock Court Carbondale, CO 81623 • Hendrick Property Adjacent Property Owners 2393-334-07-021 James H. & Loeva Luttrell 0989 Hwy. 133 Carbondale, CO 81623 -022 Nancy B. Kyner 1369 Rock Court Carbondale, CO 81623 -023 Nancy Law Blakeslee 1375 Rock Court Carbondale, CO 81623 -027 Judith M. Czechowitcz 1394 Rock Court Carbondale, CO 81623 -028 Kenneth J. & Joan H. Lubrant & David Earl Helfrich P.O. Box 1253 Carbondale, CO 81623 -029 James C. Sober 1380 Rock Court Carbondale, CO 81623 -030 Allan R. Grimshaw 1374 Rock Court Carbondale, CO 81623 -031 Ruth B. Vagneur Trust ATTN: John Vagneur P.O. Box 128 Woody Creek, CO 81656 • Page 3 Hendrick Property Adjacent Property Owners 2393-334-07-032 Mark A. Przybylski ATTN: GMAC Mortgage Corp., Tax Department 8360 Old York Road Elkins Park, PA 19117-1590 -033 Calvin G. Vagneur P.O. Box 1055 Basalt, CO 81621 2393-343-59-030 James B. Leeling P.O. Box 1125 Carbondale, CO 81623 - 031 Dui.lio Fanti P.O. Box 39 Carbondale, CO 81623 - 032 Bruce L. & Brenda Beth Stolbach 0637 127 Road Glenwood Springs, CO 81601 -033 Christopher H. Smith P.O. Box 130 Old Snowmass, CO 81654 - 034 Timothy P. & Susan Villiere 1501 Greystone Carbondale, CO 81623 2393-343-36-002 Roger D. & Linda L. Maynard & Robert L. & Willa Mae Hart 1555 Hwy. 133 Carbondale, CO 81623 -003 & -004 Larry A. & Elaine Mautz 0057 Thomas Rd. Carbondale, CO 81623 • Fait, 4 Hendrick Property • Adjacent Property Owners 2393-343-37-004 David. & Nola Weber 834 Sopris Carbondale, CO 81623 -003 Dolinola Inc. 1310 Hwy. 133 Carbondale, CO 81623 -005 Dean L. & Ethel I. Christner 1310 Hwy 133 Carbondale, CO 81623 -065 Elsie Boyd 702 Sopris Avenue Carbondale, CO 81623 2393-343-43-011. Alexander A. & Karen Crawford 691. Orace Drive Carbondale, CO 81623 2393343-38-049 & 064 Thomas G. & Diane J. Reid 678 Sopris Avenue Carbondale, CO 81623 2463-032-00-024 Elmer Owen or Ida Lorena Bair Trustees of Bair Family Trust P.O. Box 176 Carbondale, CO 81623 2463-032-00-026 Carbondale Senior Housing Corp. P.O. Box 513 Carbondale, CO 81623 -014 Teresa Carter 1531 Hwy 133 Carbondale, CO 81623 • Page 5 Hendrick Property • Adjacent Property Owners -004 Milton & Laura S. Fink 1533 Hwy. 133 Carbondale, CO 81623 2463-032-00-020 Richard & Mary L. Gray & Roger & Sherryl W. Griffin 141 W. Jackson Blvd. Suite 1580 Chicago, IL 60604 2463-041-09-013 William C. & Jean V. Bullard P.O. Box 785 Carbondale, CO 81623 2393-343-00-066 Town of Carbondale Housing Authority 76 South Second St. Carbondale, CO 81623 2393-334-00-013 Chalk Farms, Ltd. P.O. Box 1125 Carbondale, CO 81623 2463-032-00-003 Robert L. & Willa Mae Hart 1555 Hwy. 133 Carbondale, CO 81623 2393-334-10-015 City of Carbondale 76 South Second Street Carbondale, CO 81623 L J s • • 2393- o -OGG, Lc, 47.. , \•_ �d at: , J / o'clock L JUN U 3 198g _option No. 3s2f F* MILC'ITED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO SPECIAL WARRANTY DEED • 735 PrzE537------ JU u 31 1988 State Doc. Fee CARBONDALE SENIOR HOUSING CORPORATION, a Colorado corporation, County of Garfield, State of Colorado, for consider- ation of Ten Dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to THE TOWN OF CARBONDALE HOUSING AUTHORITY, also !known as the Carbondale Housing Authority, whose legal address is 76 South Second Street, Carbondale, 81623, of the County of Garfield and State of Colorado, the following real property in the County of Garfield and State of Colorado, to -wit: J Parcel A A tract:of land situated in Lot 16 of Section 33 and in Lot 13 of Section 34, all in Township 7 South, Range 88 West of the 6th Principal Meridian and in Lot 1 of Section 4 and in Lot 4 of Section 3, all in Township 8 South, Range 88 West of the 6th Principal Meridian, Town of Carbondale, Garfield County, Colorado, said tract of land being more particularly described as follows: Beginning at a point in the_center-.of--a-ditch as -built -and -in-place,.-also -being-the-most southerly point---of-an-access;—utility-and drainage -._easement -described -in Reception -No -263837-in-..Book-461--at -Page 509 -of -the -records of -the -Garfield -County -Clerk-and-Recorder, whence the survey monument located at the intersection of the %centerl•ines of Eighth Street and Euclid Avenue -in--said-Town -of Carbondale.bears N 46°58'12" E 1631.83 -feet; thence N 56°52'00" E 392.00' feet along --the southeasterly -boundary -line ....of .-.said --access , utility -and --drainage easement; thence S 15°35'00" E 158.00 feet; thence 102.10'feet along the arc of a 65.00 foot radius curve to the right, the chord of which bears S 29°25'00" W 91.92 feet; thence S 74°25'00" W 275.61 feet; thence N 33°08'00" W 109.91 -feet to the -point--of-beginning, containing 1.35 acres more or less, t-=.0-6. with all its appurtenances and warrant the title against persons claiming under the Grantor. SIGNED this %c;?L day of STATE OF COLORADO ) ss COUNTY OF GARFIELD ) dohs )9-) all , 1988 Dorothy M shall - President �3�3-35��-ao_olgCp The foregoing i strument was. acknowledged before me this /a L day of , 1988, by DOROTHY MARSHALL • as President of Carbondale Senior Housing Corporation. WITNESS my hand and off'cial seal. 0,113, My commission expires: � •.-' Notary Public Nancy BBrnctt 16400 Hwy. C2 Carbondofo, Co Doc. ...,.',--:....-'--..,::•...:'-...-.:i '."-, - ,,...:' ',.t.,,,`,..:,•:.,, .... '':'',:•,,''':: ... ,-:-.,,,- .'...,;',....,',.‘, ,':--„,',':-....-.-•,:::;::!_,;....:;.1.-,_ -,i...'1,:,!.•:',..;,:-.--:•;,::,,,::-.::-. ,...., „... _.., T,..,.';-?-'..,,..,,,':''.'i;7::,:**;,•-„,.::.':::::::::'.....7 .;:-.:,-,:.',,,....::•.-::.:,:::.-...:'..-:-..e:',•:'.::•.:••• •,:.,,'•-.-`.-.,:.:...:,-. 11,..,'-,.:-?....i,:',,,',...':,:....i,',2.,:::, ,-..,..,.."...-:„-•:----:•.::;?..:-;::::::: • 23 ,„'• • " ----- • •••• .• ,. • pe. '":471‘ .1) er-,14',.' r 1 • • 24123j,Q12,7023 341209 7-88, 8-88 A tr. in Lot 16 Sec. Zo 33, Lot 13 Sec. 34 (7-88) and Lot 1 Sec.4, Lot 4 Sec. 3(8 -88) cont. 3.67Ac. Beg. at a pt. whence the survey monument at the C/L intersection of 8th St. & Euclid bears N.46° 58'12" E. 1631.83'; thence N.56° 52' E. 400.0'; thence S. 33°08' E. 400.0'; thence S.56°52' W. 400.01,- thEmce N. 38°08' W. 400.0' GRANTEE BOOK PAGE DATE KIND OF INSTRUMENT REMARKS . pie_ -3 .-('- 111\4'f. L U519/S-rj 40ro Lc) V, 3'i ril/ / Li F.-1., -1 1 (013 (.e5Li k \:,-*<- ; C.)e.._ t er-tc.1.- - ''-' .4110 _,,C ) (o • (0 - C., Pc, r.e-e,i-.)•i0-Dli t i .,-;:- . •,--1.''. ...... 7' $ 7 ; .17 - i- / , . • '/ ' / '' '..." -I • / ", 7 / ) JUL 11991 ID GANFI[LU L.UUNTY June 29, 1991 ATTENTION: Andrew McGregor Assistant Planner Garfield County Planning Department 109 8th Glenwood Springs, CO 81602 RE: Hendrick Subdivision Exemption Dear Andrew: land design partnership Attached is a revised sketch plan of the previously submitted Hendrick Subdivision Exemption. The smaller parcel has been incresed in size to 3.6 acres and the larger parcel reduced to 34 acres. The newly proposed property line is coincidental with an existing fence line. This change was made at the request of the potential buyer of the smaller parcel. If you have any questions please give me a call. Ronald B. Liston P.O. Box 517 • Glenwood Springs, Colorado 81602 918 Cooper Avenue (303) 945-2246 CRYSTAL ACRES HENDRICK EXEMPTION CRYSTAL VILLAGE •• PARCEL 1 \ - 3.67 acres p %.!•• U pO co- ' �•• K / • e<c / • • so / • ••� SENIOR HOUSING 1 hyk, •� �3J 4 v ) 3 0 L• PARCEL 34.03 acr .r• • mom. •• GRAY RANCH 62516) 1 scale 1 - 200' 5/31/91 4110 REV. 6/26/x. JUL 10 '91 10:41 TOWN OF CARBONDALE • • 340 F02/03 Town of Carbaridaie 76 South 2nd St. Carbondale, Colorado 81623 (303) 963-2733 9:vui-.y „1991 1991 `-`Mr-.. And -Pew McGregor Garfield County Planning Department -109 8th Street, Suite 303 Glenwood Springs, CO 81601 JUL 10 1991 LAREIIELD Dear Andrew: . The Town of Carbondale would like to thank you for referring the Sopris R.V. Park F.U.D. amendment and the Hendrick lot split to the Town for comment. The Carbondale Planning and Zoning Cammis_sion reviewed these projects at. their July 1st meeting, Their comments are provided below. By a vote of 4 to 0, the Carbondale P & Z recommends that the County look favorably on the proposed amendment with the following conditions: ]) that new development and improvements be in conformance with proposed Division of Wildlife guidelines. This includes the 20 foot vertical buffer from the high water mark to any proposed development. 2) that public fishing access be established. 3) that the other parcel (R.V. park) be operated in compliance with all existing P.U.D. agreements and zoning regulations. In regard to Condition #3 above, it appears that some R.V.'s have been staying on the property for significantly longer than eight months. There are framed in decks, additions, etc., which do not seem in keeping with the relatively short term nature of an R.V. park. The open space parcel presently needs some additional cleanup.work, such as removal of a number of 55 -gallon drums and culvert pipe which are located at, the west end of the project. Ry a vote of 4 to 0, the Carbondale Planning and Zoning Commj_ssion recommends that Garfield County give favorable 'consideration to the Hendrick lot split with the condition that aperf-,Driate limitations be considered for the access easement. JUL 10 '91 10:42 TOWN OF CARBONDALE 340 F03/03 • • In regard to the above noted easement, Town Staff has seen .=-conflicting information whether this is actually an access easement or a right-of-way. Its location and angle of 'intersection to Hendrick Road would make for safety problems if ":the intent was to use this access easement for more than a few '-single family homes or similar types of uses. Tt would be best `if the situation was clarified at this time. Once again, Carbondale thanks Garfield County for giving us the `opportunity -to review projects which may affect the Town. Please call me at 963-2733 if you have any questions. Sincerely, Mark. Chain Town Planner l'4C/sd ROY ROMER Governor OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 FAX [303] 866=3589 July 10, 1991 Mr. Andrew McGregor Garfield County Regulatory Office and Personnel 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Hendrick Subdivision Exemption Section 34, T8S and Sections 3 and 4, T7 S, R88W, 6TH PM Division 5, District 38 Dear Andrew,: JERIS A. DANIELSON State Engineer O;c-,57,;75-7 I\1 JUL 18 1991 i1 LG rir 1LLD COUNTY We have received the above referenced proposal for a subdivision exemption to split a 37.77 acre parcel into two parcels, one 2.6 acre tract and one 35.1 acre tract. Both tracts have existing residences. The 2.6 acre tract is served water by the Town of Carbondale and the 35.1 acre tract is served by a private well. This office can recommend approval of the exemption given the following condition: The 2.6 acre tract will be served water from the Town of Carbondale. Issuance of a well permit for this lot, if requested, will be contingent upon a review of the previous subdividing after 1972 of the original Hendrick tract. We strongly suggest that the existing well on the 35.1 acre tract be registered with this office. A preliminary review of our records indicates that there is no permit number for this structure. Should you have further questions regarding this submittal, please contact this office. JTS(f)/clf:hendrick cc: Orlyn Bell, Division 5 Engineer Joe Bergquist, Water Commissioner, District 38 Bruce DeBrine Sincerely, 4 ./ Judy T. Sappington Water Resource Engineer 246P032 -N00 -02 R5 II 10 T A C 1-R 090175 7-88, 8-88 A Tr. in Lot 4, Sec. 3, Lot 1 Sec. 4 in 8-88 & Lot 16 Sec. 33, Lot 13 Sec. 34 in 7-88 cont. 37.94 Ac., Beg. at a pt. whence the survey monument at the center of 8th St. & Euclid Ave. Bears N. 0°03' E. 826.3' & N. 89°57' W. 176.62', thence N. 75°54' W. 45.70' to the true POB., thence S. 00°35'42" E. 460.77', thence S. 00°40'59" E. 298.46', thence S. 89°57' E. 35.33', thence N. 89° 19'15" E. 112.93', thence S. 00°03' W. 239.63', thence S. 87°57' W. 1925.13' M/L to the SE Cor. of Rock Crk Sub -Div., thence N. 323.43', thence N. 0°11'30" E. 99.76', thence N. 01°27' E. 81.61', thence N. 0°20' 30" E. 300.12', thence N. 0°45'30" W. 170.93' M/L, thence S. 88°33'32" E. 116.61', thence S. 86°51'58" E. 87.01', thence S. 53°37'16" E. 146.89', thence S. 47°39'44" E. 154.05', thence S. 33°08' E. 400.0', thence N. 56°52' E. 400.0', thence N. 33°08' W. 400.0', thence N. 56°52'E. to the SW ROW of St. Hwy 133, thence SEly along Hwy ROW to the true POB, GRANTEE BOOK , .x, c -u PAGE i 1 1 i,1 , pri r DATE y U i LOr 1 JF'c' KIND OF INSTRUMENT _ 4 lying REMARKS 700 724 1 , - . e}-- �� _% ell v', C._ k''; zrr'1 C I ,-rTrr,r ?4-r 452 70(4 496, '1� , 406/518, -I�-csi 37l/174 d6,j.cc_' NG 4/e_n(-),(',`ckrt'ckay,d Pi, IA 4A8 III--k1714Wofc L., %, r - y'C ),7 0 1 e (�� 1r` 0 I ,,,,, • 1 y� ! r•, 7 % l l %: r <.�/, 7:a 9 %% .47 .24.,,_ Page 2 (2463-032-00-025) SWly of the Crystal River. Total 37.94 Ac. JLccuidcd at — y } Reception No. Ak AUG 6 1991 ccorder. aJ .ao BOOK 810 60E411 WARRANTY DEED THIS DEED, Made between fir, Clifford Hendrick, Richard M. Hendr' k, Thomas L. Hendrick and Carolyn Ershler , grantor, and John C. Owen antatricia A. Oiz whose legal address is 1302 Hendrick Drive, Carbondale, CO. 8162 of the County of • Garfield WITNESS, that the grantor, for and in consideration of the sum of ten dollars and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed. and by these presents docs 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 County of Garfield and State of Colorado. described as follows: GARFIELD AU, Dc9c. /" and State of Colorado, grantees: See Attached Exhibit A also known by street and number as g*/ 3 -03 -00 G,25 0 5- 1302 1302 Hendrick Drive, Carbondale, CO. 81623 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging. or in anywise appertaining and tite reversion and reversions, remainder and remainders, rent. issues and profits thereof, and all the estate, right, title. interest. claim and demand whatsoever of the grantor, tither in law or equity. of, in and to the above bargained premises. with the hereditaments and appurtenances. TO IIAVE AND TO HOLD the said premises ahme 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 cnsealing 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 lee simple, and has good right, full power and lawful authority to grant. bargain. sell and convey the same in manner and form aforesaid. uid that the same arc tree and clear from all former and other grants, bargains, sales. liens, taxes. assessments, encumbrances and restrctions of whatever kind or nature socvei; free and clear of all taxes except the general taxes for the year of closing, and,(Ilc/p/ • free and clear of all liens for special improvements installed as of the date of Prm + ttset s signature hereon, whether assessed or nut; except distribution utility easements, including cable TV; except those matters reflected by the Title Documents accepted by Purchaser in accordance with subsection 8(a): except those rights, if any, of third parties in the Property not shown by the public records in accordance with subsection 8(b); and subject to building and zoning regulations. The grantor shall and will WARRANT ANE) FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all ;utd every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the IN WITNESS \VI IEREO1: the grantor has executed Si ed this • Rich • M. Hendriinti dually and as attorney -in -tact for Harry (ylittord Hendric Thomas L. Hendrick and Carolyn Ershler singular. and the use of any gender shall he applicable to all genders. d on the date set forth ahoye. y of August , 1991. STAT(: ()I: (xt,D0 i m QREco,J County of FA2r0it) The foto;going instrument ss;s acknoss ledged MOIL me this2 d:o of August . 1'i 91 , by Richard M. Hendrick individually and as attorney—in—fact for Harry Clifford Hendrick and as attorney-in-fact for Thongs L. Hendrick and as attorney-in-fact for Carolyn Ershler \1v (omnn.snm 'purs 2/Z/ .W7171. k, • EXHIBIT A • Boox 810 ?AtE412 TEZCP.i T :CN • rcn1 of lar.H ✓i tom..._^tc 1, L of 13 of ScotiC:1 33, ic"wnshl 7 .:'✓u.:ti, 21:17, C3 'test of the 6t : ? r1n ci;a1 no 1-'1a n and also 1Z Lot 1 of S„cticn C, TcvT.. nI 8 Sout:1, Range 83 ',lest of the 6th f rincl, a1 :'.erldlaa, County cf Garfield, State of Colorado and te1ng Wore: ,articularly dcscrIted a3 follows: Tree c men at t:.3 centerline intersection of �ht l'e,1r�1;L•; at a street t e Zt : __.,.:�_..t�_ Strc?t and Euclid Avenue In the Town of Car_ dale, Colorado: thence S E,0° 40' ID" .1367.35 feet to t:.o true Point cI _`%J1 =ning, also being the Southwest corner of Crystal Village Planned Unit Devclo;:zent, F111n No. 4, Town of Cartcn dale, Colorado; thence along the southerly tour =ary line of said Crystal Village FUD, Filing No. 4 on the following four courses: 1) S 88° 33' 32" E., 115.61 feet; thence 2) S 86° 51' 58" E., 87.31 feet; thence 3) S 530 37' 16" E., 146.89 feet; thence tier 4) S 47° 39' 44" E. 154.05 feet; thence S , i 3° Ca' 00" E., 113.31 feet thence 3 71° 42' 10" W.. 523.19 feet; ttence N G0° 20' 30" E., 237.91 feet: thence N n° 45' ":0" E.. 170.93 feet to the True Point of Dc7,,1an1P ;. Together with access RECORDED AT Soo O'CLOCK P.m. AUG 8 1991 REC 4 4 -,69e -yr- MILDRED ALSO rr, COUNTY CLERK STATE OF COLORADO )ss County of Garfield BOOK 810 PAGEG9 At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners Meeting Room, Garfield County Courthouse, in Glenwood Springs on Wednesday, the7th of August A.D. 1991 , there were present: Arnold L. Mackley Elmer (Buckey) Arbaney Marian I. Smith Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 91-066 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR THOMAS HENDRICKS. WHEREAS, Thomas Hendricks has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for the division of a 37.7 acre tract as described in Book 700, Page 724, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado, into two parcels of approximately 3.43 acres and 34.348 acres each, more or less, which proposed divided tracts are more practically described as follows: Parcel 1: See Attached Parcel 2: See Attached (in the State of Colorado and the County of Garfield); and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the division does not warrant further subdivision review, and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; • • BOOK 810 PMGE694 NOW, THEREFORE, BE IT RESOLVED that the division of the above described parcels "1" and "2" from the above described 37.7 acre tract is hereby exempted from such definitions and said tract may be divided into said parcels "1" and "2" and may be conveyed in the form of such parcels "1" and "2", provided that there shall be no further exemptions from the definition of subdivisions, all as is more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: k of the Board Dated this 7th day of August , A.D. 1991 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Arnnl d L. Mackl Py Elmer (Buckey) Arbaney Marian I. Smith STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye County Clerk and ex - officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners LEGAL DESCRIPTION - PAR. A BOOK 810 PAGEs9 5 A parcel of land situated in Lot 16 of Section 33, Township 7 South, Range 88 West of the 6th Principal Meridian and also in Lot 1 of Section 4, Township 8 South, Range 88 West of the 6th Principal Meridian, County of Garfield, State of Colorado and being more particularly described as follows: Beginning at a street center monument at the centerline intersection of Eight Street and Euclid Avenue in the Town of Carbondale, Colorado: thence S 60° 40' 10" W., 1867.86 feet to the true Point of Beginning, also being the Southwest corner of Crystal Village Planned Unit Development, Filing No. 4, Town of Carbondale, Colorado; thence along the southerly boundary line of said Crystal Village PUD, Filing No. 4 on the following four courses: 1) S 88°33'32" E 116.61 feet; thence 2) S 86°51'58" E 87.01 feet; thence 3) S 53°37'16" E 146.89 feet; thence 4) S 47°39'44" E 154.05 feet; thence S 33°08'00" E 113.81 feet; thence S 71°48'10" W 528.19 feet; thence N 00°20'30" E 287.91 feet; thence N 00°45'30" E 170.93 feet to the True Point of Beginning, said parcel contains 3.430 acres more or less. DESCRIPTION - PARCEL 13 A tract of land situated in Lot 13 of Section 34, Township 7 South, Range 88 West of the 6th P.M. and also in Lot 4 of Section of Section 3 and in Lot 1 of Section 4, Township 8 South, Range 88 West of the 6th P.M., Garfield County, Colorado, and being more particularly described as follows: Beginning at a street center monument at the centerline intersection of Eighth Street and Euclid Avenue in the Town of Carbondale, Colorado; thence S 89°57'00" E 176.62 feet; thence S 00°03'00" W 826.30 feet; thence N 75°54'00" W 45.70 feet to the true point of beginning; thence along the west line of a parcel of land described in Book 700 at Page 722 of the Records of the Garfield County Clerk and Recorder the following two (2) courses: (1) S 00°35'42" E 460.77 feet; thence 121 S 00°40'59" E 298.46 feet; thence along the south line of said parcel described in Book 700 at Page 722 S 89°57'00" E 35.33 feet; thence N 89°19'15" E 112.93 feet along the south line described in Book 700 at Page 722; thence S 00°03'00" W 239.60 feet to a point on the northerly boundary of a tract of land described in Book 457 at Page 97; thence along said northerly boundary the following two (2) courses: 111 S 87°56'00" W 893.80 feet; thence 121 S 02°04'00" E 14.26 feet to a point on the southerly boundary line of said Lot 4; thence S 88°10'34" W 562.67 feet to the center of the Crystal River; thence N 75°23'42" W 41.40 feet down the center of said Crystal River; thence N 74°50'00" W 443.75 feet down the center of said Crystal River; thence N 00°11'30" E 283.07 feet; thence N 01°27'00" E 81.61 feet; thence N 00°20'30" E 12.21 feet; thence N 71°48'10" E 528.19 feet; thence S 33°08'00" E 286.19 feet; thence N 56°52'00" E 400.00 feet; thence N 33°08'00" W 400.00 feet to a point on the southeasterly boundary line of an access utility and drainage easement described as Reception No. 263837 iri Book 461 at Page 509 of the Records of the Garfield County Clerk and Recorder; thence along said southeasterly boundary line on a course bearing N 56°52'00" E 595.08 feet to a point on the southwesterly right-of-way lir re of Highway No. 133; thence along said right-of-way line for 478.31 feet along the arc of a 1 206.00 foot radius non -tangent curve to the left, the chord of which bears S 61°26'31" E 475.18 feet; thence S 75°54'00" E 76.05 feet along said right-of-way line to the true point of beginning. Said parcel contains 34.348 acres, more or less.