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HomeMy WebLinkAbout1.0 ApplicationI BEFORE THI )ARD OF COUNTY COMIVIISSI ERS OF GARFTELD COUNTY, COLORADO PETITION FOR FVFMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfreld County, Colorado, adopted April 23,1984 Section 2:20.49, the undersigned Richard Morgan fospectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of zg acre tract of land into q tracts of approximately - 19, 7 8' 7 acres each, more or less, from the of "subdivision" and 'subdivided land" asthe termsareused 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: To eive as a eift to each of mv sons a'oiece of mv 28 acre oarcel descrlbed as Lot 7, Sec. 10, T. 6 S., R 93 W. They will be buildlng personal single family dwellings. SUBMITTAL REQUIREMENTS: An apptication which satisfies the review criteria must be submitted with all the following iriforrration: C. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; Vicinity map at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2)miles, forwhich acopy of U.S.G.S. quadranglemapmaybeused. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and Names and addresses of owneni of record of land immediately adjoining and within 200 feet of the proposed exe,mption, mineral owners and lessees ofmineral owners of record of the property to be exernpted, 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 created, method of sewage disposal, and letter of approval of hre protection plan from appropriate fire district; and If connection to a community of 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 Januaty 1,1973. J. A $300.00 fee must be submitted with the A. B. D. E. F. G. H. L Mailing Address Rifle CoLorado City State 6rq-l ?q? Telephone Number Richard 1107 Co. Rd. 294 April 28, 1993 Garfield County Commissibners 109 8th Street Glenwood Springs, CO 81601 Dqar Commissiorprs: Attachecl please find the following item$ required for subdivision exemption: Petition for exemption Legal description d property and sketch map showing proposed splits Viciniry rnap Letter from property owner Narfies ard addresses of near-by property owners Soil sarnple Letter from City of Rifle indicating willingness to provide city water (to follow) Sewage disposal proposal (City of Rifle letter to follow) Rifle Fire Prot€ction letter - (to follow) Explanation for request of suNivision exemption $300 application fee April 28, 1999 Garfield County Commissioners 109 8th Street Glenwood Sffings, GO 81601 RE: Morgan / Morgnn Exemption Petition Doar Commhsioners: I have applied for exemption frorn subdivided land Status to break off trOm my 28 acrA parcelni6 patcels, oneio each of my s9ls. The ploperty wlll be prqsqltled as a gift irom mysetf to nlitcn Morgan, Michael Morgan and their families to build personal single family dwellirqs on. $incerely, Dick Morgan Mgro.Fn / goruaF ExeryroilOn p€Uilor.r Names and Addresses of land owners within 200 feet radius: Ri0hard Morgan 1107 Ca. Rd. 294 Rifle, CO 81650 Wostern Academy Bi tI E Vanl s lzL Cooft, A'q Ghnoo,sd Richard Shoup 1318 Co. Rd.2g4 Rifle, CO 81650 Wayne Hall 1359 Co. Rd. 294 Rifle, CO 81650 Steve Flauquitz 6638 Co. Hd. 346 sitt, co 81652 box t ot Z* /T1u-ttr, Max Hall 1094 Co Rd 294 Rifle, CO 81650 Jerry Bauer 1854 Co Rd 293 Rifle, CO 81650 *r+bertErhar+ CltX lh |uh a+t 6000 Co. Rd. 309 aB D 3 " P ie ot/al'J D r Rifte, co 81650 GL)a sert - G> cl s",/ Highlards East - Third Filing frr-ts bnt+. C" g /b'il lloroan / iloroan Eremotlon Petltlon Sewage dlepoaal Broposal: 2-aore paropl spit to Michael Morgan - Sewage will be provided by Crty of Rifle. TfSs par6l is adiacent to the Highlands East Third Flling. 7-acre rnrrer;l split to fi4itch Morgan - $ewage disposal will be providd by ssptic tank and leech field Th6 City d Rifle has verbally agreod to aHow connection to city water for both parcols and c{y sewar to tlrc we$t most parcel adjoining P{ighlands East Third Filing. The writilrn letbr of "willingness to serve" will follovrl. il-'-t! A. , B. ,Legal description of property and vicinity map: (Please refer to survey map submitted) Letter from property owner: To Whom if May Concern: As present owner of the 328 acre property from wfricfr tfre J a.cre parcel exemption is being requested;it is my intent to deed said parcel as a gift to the applicant, riy daughter, Kenda Spaulding. Dick Morgan Res,p_eatfirlly, t4oQaoNlsp'A'DL-DtNG, pA6E a I u,xEtl,orloNJ pEf tflol./ D.Names and addresses of owner of record of landadjoining and within 200 feet of the proposed .Richard Morgan 1107 County Rd. 294Rif1e, C0 81650 Owner of minerals* iramed ia te Iy exemption: $/alme Ha1I 1359 County Rd. 294Rifle, C0 81650 Soil types and characteristics: Red Loam Source of waters Drilling of well scheduled upon approval of exemption Method of sewage disposal:Septie tank and leech field Letter of approval of fire protection plan fromappropriate fire district: r,etter from stu cerise of the sirt lire protection Districti=-!*ing sent to Planning and Zoning Dept.;(shoutd a.rrive by4-23-93) NA Exemption is being requested for the forrowingi reason: To -present the pr-o_perty_as a glft from Dick Morganto his daughter, Kenda- spaulding, and hei famirl in orderthat the Spauldings may build a. single family di,e11ing This parcel is part of a )28'acre raneh which has existed' as des.eribed &n"its pns:sent legad.ldepcription since priorto L973. Nd other pai:cels have been created from the ranch. ryor?6AN f sOauLDtNO; >AGE 2 ) EiXEHITOI./ pEt,noNl E. n t. H. I. No. 31BR{ 5 Release of Deed of Trust ronrnffi F. --ii..--- ; l- *Countyor lAnnar I ""' I hereby certify that this instrument 'as filed for record in my offiee *t * 'ctock----rQ-*., $EP . .q lggl r*, nd.is duly recorded in Book age..."-. tiaDFoio rollu.te co..!ffi1 s.,-ffi.*.f q"$S clRtlle CFire cProtection cDistri'ct Box 1133 ' Rifle, Coloraclo ' 81650 Gartield County Planning and Zoning 109 I th Street Suite 303 Glenwood Springs, Colorado 81601 To whom it may concern, This letter is to inform you that the R:ifle Fire Proteetion Distrirt has reviewed the proposed development of the property of Lot 7, Section 10, T. 6 S., R. 93 [,Iest, of Garfield County, the development proposed by l{itchell Morgan. The R:ifLe Fire Protection District finds this proposal to be compliang with the rules and regulaUons regarding Fire Safety and Fire Prevention as set by the District. Feel free to contact me with any further questions or comments. Thank )ou,,Z*/__4@Kip Costanzo Fire Chief Ilifle Fire Protection District P. O. BOX 1908 RIFLE, COLORADO 81650 TELEPHONE: (303) 625-21 21 Iune 10, 1993 Mr. Dave Michaelson, Planner Garfield County Planning Department Garfield County Courthouse 1Cq - 8th Street Glenwood Springs, CO 81601 Dear Dave: On May 5th, 1993, the Rifle City Council considered the request from Kay and Richard Morgan, 1107 County Road 294, for the City to provide water service to two additional single family residences on their property. As you can see from the enclosed excerpt from the minutes from that meeting, the Council is concerned about our ability to provide water to those additional residences. We have budgeted City of Rifle to extend limits. I hope that is letter is sufficient for your needs and for the Morgans. Please feel free to call me if you any questions. Michael C. City money in 1993 to conduct a comprehensive study of our water system and providt us r@ommendations. Although, at this time, we have no idea how we would provide water to the Morgan property, I do believe the Council would be agreeable to do so once the technical problems are resolved. We, of course, would require pre-annexation agreements and subject the homeowners to all of the regulations as they apply to out-of-City water users. We recently down a request from cottonwood springs Mobile Home park to provide out- of-City because of the size of the commitment. we have always been willing, however, to one or two single family residences at a time if they are located close to our MCB:emb $EP 2 I 'ee5 Garfield County Planning and ZoningAttenLion: David Michaolson 1O9 I th Street Suite 303 Glenwood SpriT'rgs, CO 81601 September L7, L993 re; Richard Horgan Subdivision Hr , Michaelson, This letter is to request an extension to the approved sub*division exemption of Richard Horgan lclcated at LLOT County Road 294. Due Lo the growth of Garfield County and t,he high demand for surveying services, we have been unable to obtain a surveyor to complete the legal description requirement of the sub-division exemption agreement during the LZO day time limit eet by the County. All requirements for the exemption exception of the legal description t^le would like to request that we be extension to enable us to have the FeeI free to contact, me aL 625-L243 evanings if you have any questions. have been met with the of the property breaks.granted a LZQ day survoy completed. days, or 625-1,253 Thank you,Kffi +44 Ol-',fiab /o/4q3 eBC t4;l) Gity of Rifle Dave l,lichaelson, Planner GarfLeld County Planning DepartmentGarfield County Courthouse 109 - 8Tfi Street Glenwood Springs, CO 81601 Dear Dave3 You are considering a request fron Kay and Richard Morgan to subdlvide thelr property at 1107 County Road 294. We understand that Mike and Sabrina Morgan wiLl receive the portion P. O. BOX 1908 RIFLE, COLORADO 81650 TELEPHONE: (3o3) 625-21 21 Augnrst 27, 1993 on the west edge of the Dlorgan property,linits. When Mike and Sabrina annex to the a tap onto the city sewer systen. Please call if you have gny $restiong. chael C. BestorCity Manager GARFIELD CCX.lryNI adjacent to the Citycity we wiII sell then 3) GARFIELD COUNTY BUILDING AND PLANNING August 4,1993 Mr. Richard Morgan 1107 County Road 294 Rifle, CO E1650 RE: MORGAN SLIBDMSION EXEMPTION Deax Mr. Morgan: On July 6, 1993, the Garfreld Board of County Commissioners conditionally approved your application, with the following conditions: l) That atl representations of the applicant, either within the application orstated atthe meeting before the Board of County Commissioners, shall be considered conditions of approval. 2) A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of all proposed lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities. 4) s) 6) The applicant shall have 120 days to present aplat to the Commissioners forsignature. Extensions may be granted if requested prior to the expiration date. That the applicant submit $200 in School Impact Fees for the cneation of eaph new lot. control of noxious weeds is the responsibility of the property owner. Documentation from the City of Rifle regarding central sewage for Lot #2 shall be submitted to the planning Department prior to the signing of a Final plat. If you have any questions, feel free to call. si6v, Wt* Dave Michaelson Garfield County Planner DHM/dhm Post-ito Fax Note 7671 '*21!]EM,W trom ;f6 ,) Co. Phone Phone # V- o#s"r<tL'^" 6e5 -AGr4 1o98TH STREET, SUIrE 303 . 94$821 A62*5571t28*7g72 . GLENWOOD SPRINGS, COLORADO g1601 Recordedat- / * o'cloc ---_$EP-+,El---s$;r si,t-i Pi0E6Uq Reception N ^ 3' Frnl5 Recorder. Kr.iow All MnN B v THnsr Pnnsrxts:That, Whereas, If.ICHARD D. MORGAN and KAY D. IIORGAIi byDEEDOFTRUSTdatedthe lOth davof January and duly recorded in the office of the County Clerk and Recorder of the County of Garf ield , in the State of Colorado, on the 17th Lg 79,in book 521 No. 29L551 ,onpage,884 , (Film No. ), conveyed to the Public Trustee in said ,19 dayofJanuary , , Reception County of Garf ieLd , certain real estate in said Deed orrlu.5$"ffitbt%tibl{EBttSfEIITtEhE orderof Fred A. Johnson and Goldie Johnso" ;f-;;rilvorehfpthe payment of the indebtedness mentioned therein.f survivorship ParyllrtElru vl ullg llluguuEuatEpD .r.Elrvrvrlsu ulrEr v.... AND WHEREAS, Said indebtedness has been paid and the purposes of said trust have fully satisfied;-NOW, THEREFORE, At the request of the legal holder of the indebtedness secured by said Deed of Truet, and in consideration of the premisec, and in further consideration of the rum of Five Dotlarg, to ine in hand paid, the reeeipt whereof le hereby aeknowledged, I, aa the Public Tlustee in said County of Garfleld, do hereby remiae, release and quit-claim unto the present owner or owners of real estate and unto the heirs, gucceggors 8nd assigns of said owner or owners forever, all the right, title and interest which I have in and to the said real estate, as such Public TYustee, in said Deed of T!ust mentioned; and more particularly described as follows, to wit: The property described as beginning at the SW corner of the-t{WaSEA of SecLion 10, Township 6 South, Range 93 West thence trrlest L65 feet Eo corner No. 2; thence in a North Westerly direcLito a point on Ehe North line of the t{Ets-.v{t of said Seetion 10; 495 feeE west of the l.lorEheasL corner or NEtSWt of said SecEion 1 corner No. 3; Ehenee EasE 18f9.9 feeE to the i'lortheast corner of fhe Nt,iaSEh, of said Section 10 to corner l{o. 4 thence South 550 feeE to corner lilo. 5, a point on the cenEer of the County road; Ehence South 59"27 I West aLong the cenLer of the County Road L527.7L feet Lo eorner No. 1 Ehe place of beginning, containing 38.31L acres more or less. TogeEher with .3 C.F.S. of water in t RifLe Creek Canyon Ditch. The above described land being in the NWtSEt and i.lEtSI{t of Secti 10, Township 6 South, Range 93 trIest of the 6tn P.lt. situate,lying and being in the County of Garfield and Stati ofColorado. TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto belonging forever. And further, that the said Tlust Deed is, by these presents, to be eonsidered as fully and absolutely released; cancelled and forever discharged. t "uairc :o ; i a\\ I . .'^Y . 1.g;;;iN My Commission expires My commission expirer wi my hand and official seal. i I i I I I I I I i 42, The Public Tbustee in said Coun of Garfleld I Please execute this release, the indebtedness having been fully paid.'/- ^f By I I WITNESS my hand an{seal, this 3rd day of September , 1SI .r::,ry$j;ffi Fnnr : ,ii";tl i'ti: t , i-- i'/ ' Bv flff,ffi;9f$fr*'"'r9''' I f.i1:';g1-Xl*,.u)+rie1d I ""' " ' " """'% gltJst', it"" The foregoing instrument was acknowledged before rqe-this-.,:. f,l. !),"',.: ;r'i'} "' ' ": U+?:. rrir',". r.,'l, :' ' 3rd day of September,19 UI, by .|]fl310mnftV9*', publicTlusteeinsaid countyos Garfield ,cotorado.County og Garfield , Colorado. ,ured by the above mentioned Deed of Trust>./ r-cQ4furdn<- lradford Publirhing. I 5 t6, Wcit ,talh Avcnuc. Goldcn. Colorado t^"1 I - (lOt) 27t'lr6'ta - 5't0 ri!.'i) 79, been