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HomeMy WebLinkAbout1.0 Application, Staff Report & CorrespondenceGARFIELD COUNTY Building and Planning December 19, 1995 Mr. Glenn McCuen 434 Midland New Castle, CO 81647 Dear Glenn - On Monday December 18, 1995, the Garfield County Board of Adjustment approved your request for a variance from Section 3.04.06 (c) of the Garfield County Zoning Resolution of 1978, as amended. It is the understanding of the County that instead of the required ten (10) foot side yard setback, the variance granted by the Board allows a zero (0) foot setback. Further, your request is subject to the following conditions: I . Requirement that the house will be modified based on an engineered design to be submitted to the County building department as an addendum to the existing, approved building plans. 2. That the applicants agree not to remodel the structure that conflicts with the setback requirements in existence at the time or to acquire the amount of land from the adjoining property owner necessary to meet the current zoning requirements. Consistent with this approval and the listed conditions, you may continue with your building plans. If you have any further questions, please contact this office. Sincerely, Eric D. McCaffei Planner EDM/edm 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 IN RI.I I Y ItI IT It 1(1, United States Department of the Interior BUREAU OF LAND MANAGEMENT Glenwood Springs Resource Area 50629 Highway 6 and 24 P.O. Box 1009 [Glenwood Springs, Colorado 81602 December 8, 1995 Mr. Mark Bean Garfield County Planning Department 109 8th Street - Suite 303 Glenwood Springs, Colorado 81601 Dear Mr. Bean: Thank you for the opportunity to review the Public variance before the Zoning Board of Adjustment for After staff review, T have decided that the Bureau 1785g [ , + (7-880) KC; Yi 1995 E . Notice regarding the Glenn and Kathy McCuen. of Land Management will not protest the proposed zero (0) sideyard setback. The enclosed October 3, 1995, from our Grand Junction clarify the BLM's position. 25-tn— Michae S. Mottice Area Manager office to Mr. McCuen Sincerely, letter of should further Enclosure 111=1■11 ■i United States Department of the Interior : ':, .` I ■ BUREAU OF LAND MANAGEMENT GRAND JUNCTION DISTRICT 281511 Road Grand Junction, Colorado 81506 October 3, 1995 Glen McCuen 434 Midland New Castle, Colorado 81647 Dear Mr. McCuen: IN REPLY ILE FIR TO: 9232 (7-337) After researching your situation and the options available to the Bureau for resolution, I have come to the conclusion that it is not possible to legally or physically solve this problem in a timely fashion. The most appropriate solution appears to be either a modification of your foundation or to move your foundation. If you choose to modify your foundation to remove it from public land, BLM will not protest the county granting you an exception to the twenty-five foot set back rule. If you choose to solve your immediate problem in this manner, the Bureau would work with you in the future to explore an exchange or sale to provide a set back from BLM property. We could accomplish this when time is not as critical to either of us. If you wish to discuss these options please don't hesitate to call me. cc: Alloweta Terrien Mike Mottice, G V,LAA-11' • Sincerely, Vi` -`C" Mark T. Morse District Manager IN REM .Y RFFTR TO United States Department of the Interior BUREAU OF LAND MANAGEMENT Glenwood Springs Resource Area 50629 Highway 6 and 24 P.O. Box 1009 Glenwood Springs, Colorado 81602 December 8, 1995 Mr. Mark Bean Garfield County Planning Department 109 8th Street - Suite 303 Glenwood Springs, Colorado 81601 1785g (7-880) :sOWit A Dear Mr. Bean: Thank you for the opportunity to review the Public Notice regarding the variance before the Zoning Board of Adjustment for Glenn and Kathy McCuen. After staff review, I have decided that the Bureau of Land Management will not protest the proposed zero (0) sideyard setback. The enclosed letter of October 3, 1995, from our Grand Junction office to Mr. McCuen should further clarify the BLM's position. Enclosure Sincerely, -// gLw Michae S. Mottice Area Manager United States Department of the Interior BUREAU OF LAND MANAGEMENT GRAND JUNCTION DISTRICT 281511 Road Grand Junction, Colorado 81506 October 3, 1995 Glen McCuen 434 Midland New Castle, Colorado 81647 Dear Mr. McCuen: 0 r E ■ IN REPLY REFER TO. 9232 (7-337) NmT" After researching your situation and the options available to the Bureau for resolution, I have come to the conclusion that it is not possible to legally or physically solve this problem in a timely fashion. The most appropriate solution appears to be either a modification of your foundation or to move your foundation. If you choose to modify your foundation to remove it from public land, BLM will not protest the county granting you an exception to the twenty-five foot set back rule. If you choose to solve your immediate problem in this manner, the Bureau would work with you in the future to explore an exchange or sale to provide a set back from BLM property. We could accomplish this when time is not as critical to either of us. If you wish to discuss these options please don't hesitate to call me. cc: Alloweta Terrien Mike Mottice, G V0,11-4" • Sincerely, Mark T. Morse District Manager GARFIELD COUNTY BOARD OF ADJUSTMENT AGENDA December 18, 1995 TIME: 7:00 P.M. PLACE: GARFIELD COUNTY COURTHOUSE, ROOM 302 DATE: DECEMBER 18, 1995 1) Call meeting to order 2) Roll CaII 3) Public Hearing for a Variance from Section 3.04.06(c) - Minimum Side Yard Setback in the A/R/RD Zone District, the property is located north of New Castle, approximately 4.2 miles up the Main Elk Creek Road from the intersection with C.R. 254 Applicant: Glenn and Kathy McCuen 4) Adjournment UNITED STATES POSTAL SERVICE First-Clas Postage USPS Permit No • Prinj your name, address, and ZIP Code in this box • q3e1 644(d4J a5t $76 y7 SENDER; r•.:' ■ Complete Nems 1 and or 2 for additional services. * Complete items 9, 4a, and 4b. *Print your name and address on the reverse of This form so that we can return this card to you. • * Attach this form to the Vont of.tfie malipiece, or on the back if space does not 6 • Write Receipt Requested' on the mailpiece below the article number. ■The Return Receipt will chow to whom the artide was delivered and the date C delivered. I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 3. Article Addressed to: U.:ie.p Shik Def of :1 J t lot" laieeovaa Ser”.s R AreN ?ID . ,4X LOO akeiwooe ' it' _c_Q---$1601 2- 5. Re 6. Signatur:: d.ressee X 4a. 4a. Article Number 4b. Service Type ❑ Registered ,. Certified ❑ Express Mall 0 insured ❑ Retum Receipt for Merchandise 0 COD 7. Date of ryY 11395 8. Addressee's Address (Only if requested and les Is pald) PS Form 3811, December 1994 Domestic Return Receipt c- SENDER: • Complete hems 1 and/or 2 for additional services. ■ Complete Items 3, 4a, and 4b. • Print your name and address on the reverse of this form so that we can retum this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. 6 • Write Return Receipt Requested' on the mailpiece below the article number. •The Return Receipt will show to whom the article was delivered and the date C delivered. I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 3. Article Addressed to: Toni y ^tr A. 4 l%a lye- L �* '+ k /iib rf 4 (Toon) Ri yYo3 --C0,41 RoeJ IZ4 A)e4J aille r Co gr6 Lf7 5. Re d (Print N Q� 6. ighature fddire X e or Agent) 4a. icle Number % / 4 . Service Type ElRegistered ClEcCertifled ❑ Express Mall 0 insured ❑ Retum Receipt for Merchandise 0 COD 7. Date of Delivery Addressee's Address (0 y If r . ested and fae—.. • PS Form 3811, December 1994 Dramestic Return Receipt P 555 600 883 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent tovit y / 1 _ 4 % Street 3 NO-rfloer / gg03 --Cows/47 Ifo' Jac/3Post Office, State, & 2 Code It)e d 4$ 1e, ee r /b q 7 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to , Whom & Date Delive Return Receipt , , '1. ¢91/4. Date, & Address-. • . ' •4 pp ff}y TOTAL Postage' FeeE',I / J Postmark or Dal= ' r ley. USES r P 555 600 882 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mall (See reverse Se4ad of 4,4A4s1 Street & Nber go. awe. loo 9 P� ice, State, VIP Code '-i je, w roc 7/or.:-4/ 5 Co �GG Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Rehm Receipt Showirg10 Whom, Date, d Addr yildre . TOTA RFees $2 S "---- Pos C) r Q•a„, . ,',N, C?`k 'k. r�`5 1=,: . \..-. ' ? -/'ci r� CD O cJ a i/ u , N W 4-,N Q. 1., , W O •-•O►<d V0v�d0 0 gaga 'naa4:v4g4 O...OR-" °.CZ ~vat ao��3 0 > 1:1: v .� 0O �.C.-. os .... LL vVq.�0u0'a 1. bo Ev.q� 6A °o'.2 t AI k glCD... SI h a, e cc8a,h8IQ''vGgib« .3 aa,,'oc,31:3°q:b°'-'3 2 vi f w U Nu) ,o 4 I if I ill DI !IMO i hi y 44-4 O a Ln GARFIELD COUNTY Building and Planning November 28, 1995 Glenn & Kathy McCuen 434 Midland New Castle, CO 81647 RE: Variance Request Dear Mr. and Mrs. McCuen: Your application for a Variance to the Garfield County Zoning Resolution of 1984, to allow for an encroachment into the required side yard setback has been scheduled for a public hearing before the Zoning Board of Adjustment on December 18, 1995, at 7:00 PM, in Suite 305, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is suggested you or your authorized representative be in attendance. The public notice must be submitted to the Glenwood Post or other newspaper of general circulation for publication one time, at least, 15 days prior to the hearing. You are responsible for contacting the paper directly regarding obtaining the proof of publication and billing. In addition, copies of the public notice form will must be mailed by certified return -receipt to all property owners within 200 feet of your property no less than five (5) days prior to the hearing. The proof of publication from the newspaper, certificates of mailing and return -receipts from the mailing must be submitted to the Planning Department prior to the public hearing. Please note that the date of the hearing does not count as a day of notice, so it is important that you publish and send the required notices with adequate time to meet the requirednotice timelines. Please contact this office if you have further questions regarding your application or public hearing. Sincerely, ---„71')a44.< Mark L. Bean, Director Building & Planning Department ti \ 109 8tli Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 PUBLIC NOTICE TAKE NOTICE that Glenn and Kathy McCuen have applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a Variance in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Attached Legal Description Practical Description: Located approximately six (6) miles north of New Castle, off of Conn ty Road 243. Said Variance application is to allow a reduction in the required 10 foot side yard setback on the above-described property, to a zero (0) foot setback. All persons affected by the proposed Variance application are invited to appear and state their views, protests or objections. If you can not appear personally at such hearing, then you are urged to state your views by letter, particularly if you have objections to such Variance application request, as the Zoning Board of Adjustment will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the Variance. This Variance application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 9:00 a.m. and 12:00 p.m. and 1:00 p.m. and 4:00 p.m., Monday through Friday. That public hearing on the application has been set for the 18th day of December, 1995, at the hour of 7:00 p.m., at the office of the Zoning Board of Adjustment, Suite 305, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. Garfield County Planning Department McCuen (BOA) Variance to Setbacks 12/18/95 The applicants are requesting a variance to the required 10 foot setback designated in Section 3.02.06 of the County's Zoning Resolution. Instead of the required setback, the applicant is proposing a zero foot setback. Evidently, due to a faulty survey, the applicant built his house approx. 4.5 feet onto BLM property. The applicant has consulted BLM at length to try to resolve this problem through a land transfer; however, it appears this solution will be both very lengthy and costly. Therefore, the applicants are working with an engineer and proposing that they modify the corner of their home which encroaches onto BLM property, effectively building the house solely on the applicant's land, but with no side yard setback from BLM land. Section 9.05.03 of the Zoning Resolution states that the Board may authorize a variance to relieve hardship, provided: That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this resolution That the circumstances found to constitute a hardship were nacaused by the applicant, are not due to or the result of general conditions in the district and cannot be practically corrected And that the concurring vote of four members of the Board shall be necessary to decide in favor of the appellant Zoning - The purpose of the side yard setback is to ensure there is minimum separation between properties and structures. As this property abuts BLM property, a zero foot setback will not affect the use of BLM land or any neighbors' property. Furthermore, this proposed zero foot setback will not affect any easements or create other encumbrances to the property. Hardship - If this/ ariance request is not approved, the applicant will most likely have to tear down the house that is �y complete. This would cost the applicant a great deal of money, resulting in a financial hardship. The applicant's error was self-imposed, but the solution without a variance would appear to be extreme, given that the impact to adjoining properties is, at best, minimal. The BLM has recently submitted a letter indicating it does not object to the zero foot variance being requested. Staff recommends approval of the request, subject to the conditions listed. (,,,„Aricre ct- 1 EES �r-�-�✓ r EA, 4cil z'1y✓r <-"-:;?Kr,tit-/ pk1 l'Za 01/6( Tf�� l zd e S 41-10L/ 5-01 REQUEST: APPLICANT: LOCATION: BOA 12/18/95 PROJECT INFORMATION AND STAFF COMMENTS Variance from Section 3.04.06(c) side yard setback Glenn and Kathy McCuen Located on a tract of land located north of New Castle off of Main Elk Creek road (C.R. 243) SITE DATA: 9.84 acres in size WATER/SEWER: well /individual sewage disposal system ACCESS: Main Elk Creek Road (C.R. 243) EXISTINGAND_ADJACENT ZONING: A/R/RD, O/S I. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is located in a relatively remote area of the County , where the lots are generally in excess of 5.0 acres, but the majority of the land is publically owned. The lot in question located on a south facing slope in which the lots are surrounded by public land. B. Request: The applicants are requesting a variance to allow for a zero lot line on a side yard that is adjacent to land owned by the Bureau of Land Management. The specific request is to reduce the 10 ft. side yard setback required by Section 3.02.06 (3) to zero feet. The applicants started building a house on their property based on an incorrect survey of the property lines. As a result, the house was placed 4.47 ft. outside of the property line and onto BLM property. The error was not discovered until the applicant had completed the foundation to the house. At that time, communication with the BLM was initiated to try to acquire enough land to meet the zoning requirements for the side yard setback. The applicants have worked with the BLM and congressman to accomplish the transfer of the property. Due to BLM requirements for land acquisition, it will take 18 months to complete the process, which will result in the applicant not being able to meet the mortgage company requirements for co version of a construction loan to conventional loan. (See application pgs Vin) The applicants are having an engineer develop plans for the modification of the house as it is presently built, so that it can meet a zero setback for the lot. II. MAJOR ISSUES AND CONCERNS A. Variance Criteria - Section 9.05.03 of the Zoning Resolution (Variance - Action by the Board of Adjustment) states that the Board may authorize a variance to relieve hardship, provided: 1. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; 2. That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution; 3. That the circumstances found to constitute a hardship were not cause by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; 4. That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. B. Zoning - The side yard setback is established to ensure that there is minimum separation between properties and structures. The proposed zero lot line, side yard setback will not affect the use of the BLM property or any of the neighbors property. There are no known easements along this property or the adjoining BLM property. The applicants will be limited for any future expansion of the structure in the direction of the property line in question, without requesting another variance or going though the process with the BLM to acquire the necessary property to meet the setback requirements necessary for the proposed structure. C. Hardship - If the variance is not approved, the applicant will have to tear down the house that is nearly complete. This will cost the applicants a great deal of money, that will result in a financial hardship. The applicant's error was self imposed, but the solution without a variance would appear to be extreme, given that the impact on adjoining properties is minimal at best. D. Bureau of Land Managem- i t - The BLM has indicated that they have no objection to the proposed zero foot, side yard setback. III. SUGGESTED FiN nmils 1. That the application for Variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the denial of a variance will not have any undue impact on adjoining or nearby properties, but will result in financial hardship on the applicants. r 2 4. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the meeting. IV. RECOMMENDATION APPROVAL, of the proposed variance requests subject to the following conditions: 1. Requirement that the house will be modified based on an engineered design to be submitted to the building department as an addendum the existing approved building plans.. 2. That the applicants agree not to remodel the structure that conflicts with the setback requirements in existence at the time or to acquire the amount of land from the adjoining property owner necessary to meet the current zoning requirements. wy 4 Z5° • VARIANCE APPLICATION GARFIELD COUNTY ZONING BOARD of AIaJUSTMENT r�Pursuant to Section 9.05 of the Garfield County Zoning Resolution AlAiri S 1l.�� /1'f GC '7/T / Ao- .444.e.4.1 e,✓ (applicant owners name) request(s) a variance to Section 3 , 0 2, O.6 CJ of the Garfield County zoning Resolution concerning -5/1r--5/1r-/ y Sef,4Gc. - .5e44 ki44k Lo permit ( Z Z-4974. in the IC) zone district. SUBMIVIAL REQUIREMENTS: A. Sketch map: showing all improvements on the site, building sizes, locations, setbacks, and access points. B. Vicinity snap: showing general geographic location. C. Legal description of site - Copy of Deed of Ownership. D. Practical description of site - including address. E. Names and addresses of property owners adjacent to or within 200 ft. of the site (available through the Assessor's office) F. Where applicable: descriptions of domestic water source, sewage disposal, and other utility facilities. G. Plans and specifications for the proposal.. 11. Narrative explaining why the variance is being requested. I. It should be demonstrated by the above information and statements that, "...where by reason of exceptional narrowness, shallowness or shqn of the specific piece of property at the time of enactment of this Resolution, or by reason of exceptional topograehic condition of such piece of property, or other extraordinarx and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this resolution would result in peculiar and exceptional hardship upon the owner of such property". (Section 9.05.03) J. Subject to the above findings, the Board of Adjustment may authorize a variance provided: 9.05.03 (1): 'that the variance granted is the minimum necessary to alleviate such pra tic cal difficulties or undue hardships upon the owner of said property; 9.05.03 (2): That such relief inay be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the general plan or this resoluL-ipn; 9.05.03 (3): That the circumstances found to constitute a hardship were not caused by Lhe applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; K. A)250 fee must be submitted with the application. PROCEDURAL, REQUIREMENTS: 1. Submit applications to the Garfield County Department of Building, Sanitation and Planning no later than the last Friday of the month in order to be included on the following month's agenda.' Regular meeting of the zoning Board of Adjustment scheduled on the fourth Thursday of each month. 2. You will receive, from the Planning Department, a "Public Notice Form" indicating the time and date of your hearing. 3. Notice by publication (of the public notice form) shall be given once in a newspaper of general circulation in that portion of the county in which the subject property is located, at least fifteen (15) days prior to the date of the public hearing, and proof of publication shall be presented at the hearing by the applicant. Section 9.05.04.(1) 4. Notice by mailing (of the public notice form) shall be sent by certified return -receipt mail to all owners of all property within two hundred (200) feet of the subject property at least five (5) days prior to the hearing, and the return receipts showing receipt of notice shall be presented at the hearing by the applicant, unless the applicant is able to otherwise show evidence of adequate notice to such owners. Section 9.05.04.(2) The above and attachd-mat n or,is corect and accurate to the best of my knowledge, (signatur s of applicantand owner) APPLICANT: &/j) /14s6.41/ PHONE � y� z3 6,5 -- MAILING ADDRESS: V3 rCKJ Ai[use CG D gl{ OWNER: �,�,.�,,� PHONE (if d erg rent from above) MAILING ADDRESS: _ Owners Owners Phone: APPLICATION GAIRFIELD COUNTY ZONING name: A:r,s 6 7e4,4 I /tS47 address: 1439y 6,0 1764 pa y 4' --?3$5-000 BOARD OF ADJUSTMENT Y.3 570 Sys` -??o (t -v) Practicaldescription of where property is located: 0,4 at 4, 44101 th eteek 611 zY/3 .-rdpe ' c, 114 op 91,2 ve ,,�) l k &t, 710 F,Y 571" ,4,��e N Z-12-461-, /174vr4 c 41 C. ,/.,/- 1. Present zoning: Area: 2. Describe variance you are requesting: 't 3. Why do you feelthat the variance should be granted: (refer to instructions, use additional pages if needed) /A4fikaa7 7 A 0,4e Ala yiite Am&-- a4y64/ �f� 7 s/ 7L ere $ ' lid sur e 4,4i444-,/'/',1,/ }7/ 6.) L 1r,t- ..►-a. 2 �G4 &4% 70/- kl e ,-er/--etre l' . deems A 60'17 ,w‘4,te,2 Ae‘k_w 7 y ,2 77/ -e- co -p--,64?- 3 te / s / s',z,t,,i,74s em) 6;e0 /04eXii,-; 471 )9� �'-- Q 7:5-G GvCJ/fi e (/ C/ � Ci ( Q ,5/1-11-4441 Acya)17 774 -e- -72/;_e_ Ai( /4,41 (j/ y 4. List all property owners and their addresses within two hundred (200) feet of property as listed in the County Assessor's office for which variance is being requested. Copies of the Public Notice must be mailed to your neighbors by certified return -receipt mail and the receipts presented at the hear..i.ng . o�+ /1 t �k ie. -Ht- C.. / 1-0.w f +rk ,L - Pei Ja 2i /e Y- �: c q yd 3 — 2-41 3 Ra d ,IIe,,J.s-/1e, CO giSy7 ` p 47p Owed., ce- r00 et 4{r► 5pr*J S, Co $1 Go z- 5. 5. Describe water supply, sewage facilities, utilities, and access to property. (use additional pages if necessary) /31"/&r 4v,W i4-54-deei & /_5 � -;4/ 1 y Le444, ova Am b 7,,_.,740,/ I > 145, (,_7„r _ 6. Attach a map of legalsized paper or smaller drawn to scale showing all improvements (present and proposed) and all pertinent distances and area. Show all improvements on your property, and allneighbor's property within two hundred (200) feet of your boundary. 7. The above information is correct to the best of my knowledge. 4 NaE qso` `fS Scale 8100 Scale . 1120 • • 6 08 r -1,;`i'( C. (t,A.1 1-� l CV/ NO, 1 N.E.S. 53 roUND i ; r. CL 18' TOAD, U11L11Y rt DRAINAGE. / SM1: (SEE mato HOUSE fV1IN01170 MB �� CENTERLINE q�17i1 ROAD, U71LI7Y h DR /N10E EASFX1f.N7 uN� _ [— iika-tT1oly Drs1:�NCE 50.40: LZ3VNN7��7• 0 '• 00 IW 1,37553 N53'12E 156.60'17 �------ N36'S7UoELg LEGAL_ DESCR/P1/ON 1 111 f VINO P08 ROAO,U711.I1Y & DRAINAGE F-SA1r. SCS i men - 200 I'r. BOUNDARY LINE A parcel of land berng a part of Homestead Entry Survey No. 53, situated In 14S, R91W of the 6th P,41 more particufcr/y described as follows: Beginning at a stone corner properly marked as Corner No. 1 of RES. No. 53, the 7RI/E POINT Of. Rf C7/NN/NG; thence along the Ares/er y boundary of /1.ES No. .53 N16'41 '>! 1 "E 432.63 feet; thence leaving said boundary line S80'41'27"E 826.333 feet to the easterly boundary line of No. 53, thence along the ,eafterly boundary line S01'47'27 "f- 530.08 feet to Corner No. 9 of RES. NO. 53; (hence N75'24'00'11' 988.20 feet to Corner No. 1 of H.ES. No. 53, the TRUE POINT Or f8/ GINNING COUN1i' Of- GAREIf-7.D SIA 1'E- OF COL ORAPO IA/PR0I A/ENT LOCATION CER1711O.4TE 111EREIIY CERTIFY 77117 11/15 IMPROVEMENT LOCATION CERTI 7017E fl1S PREPARED f0,? 0, 77IAT 11 IS NOT A 1ANo SURIVY rtAr OR /A1PI;C1'.,,11FN7 S/VRRLEY PLAT, AND 7/1A7 IT IS NOT W /3E RELIED UPON rOR 71/E t.31AAl/SIli//NT OF /ENO; TW//.D/NG, 01? 0711f7? fUfURE- /AIPROV/ TENT 1 /NES 1 /MINER CL7?71(Y IIUAT 17/E IA1PR0I I/iN7S ON 711E A13011:DESCRIBED PARC/:L_ ON 771/S 2117;; 1, EXCEPT 11IlPI1Y CONNECTIONS; ARE ENTIRELY 1117711N., 771(: B0UN.,.1RIE5 ( PIE PARCEL, UCH') AS SNOW, 71/AT MERE ARE No ENCROACIIAfIN75 Uf'CN 77/E DESCRIBED PREMISES AY IAIPROVEMENTS ON ANY ADJOINING PREMISES E:kCE1'T AS INOICA1EU, ANA 771AT T7/ERE 1S NO APPAR/_NT E170ENCE OR SIGN or- ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARC , £ X EPT A5 NOM A ,- ,/ O/SAN, IS (3301 c4151 f'•. �/ p- R�.•• v}y LS ° i -17 . 7 s0. I`aoea i Q t0 r FR4Rz L JIOJ$Li L !o ktf ftndilk 1"►_r 477.1 Pt4 I rf SYN Cohn Odo (YO.) 67$--2047 sma.4970:10- alreOltilENT 1.004770W COMMA, Po,I1ON OF //S. No. SC tis; P91111 or Mt 677 M. GARf1EU) couN1 ; cOLoMixi ai .4/4/t1. iMfr29 sectInViAt �t. K POINT EST 14 13 HADLEY POINT 26 + JOE HILL Z12: C9 2 0 35 -14 36 J AXING ARSA _IV,. AMU -AREA NO, 2 S -f+ I SCOTT McINNIS an DIST RIC F. as ornAno COMMIT TIE ON Rol F.S rorigreqcs of the Elititeb *tate ' lootto'r 0! Iteptrorttttttitml vol siinalon,M1, (. 20515-0603 August 21, 1995 Mr. Glenn McCuen 434 Midland New Caste, Colorado Dear Mr. McCucn: 81 617 I have recently received your request for assistance. 1: have asked Mrs. Lynne Kerst, my Area Representative Glenwood Springs, to look into this matter. She will your caseworker and wil.]process your case as quickly possible, in he as WASHINGTON OFFICE? 215 CANNON BUILDING WASNING FON, OC 70616 0803 11021225 4181 FAX:12021228 0621 DISTRICT nrrp(Es 134 WEST 111 0105E1 PUL Bl r1, CO 81301 11191541 8100 1Ax 1/191543 5204 121 Non IR 1IIISIREET 15r1Arsn JUNC I ION, CO 81501 13031145-1'01 100 (1051 145 7194 10511 MAIN AVENUE 8 111 01.111A141:0, 00 81201 {1 FAx13 11x17111159 1591154 2161 514 01153 511R511 SUITE 111 61.1-1010000SPJIINGS_ CO 81601 1)071919 0635 FAX 11011 918 0630 Please fill out the enclosed Authorization Form gompletejy and return to my Glenwood Springs Office. 1 cannot accept ft facsimile copy. Federalagencies willnot respond to my inquiry on your behalf without this completed form. Pleas* include a letter of explanation addressed to me, and copies of any addi.tionaa pertinent correspondence you feel is required. Lynne will contact you as soon as possible with her findings or to obtain more detailed information. We will work closely with you and any federal agency in an effort to achieve an agreeable resolution to your current situation. Thank you for contacting my office. I appreciate the opportunity to he of service to you. If you have any questions or concerns in the interim, please do not hesitate to contact Lynne Kerst in Glenwood Springs at 970 928-0637. Sincerely, Scott McInnis Member of Congress SM/pmh ENC 1 111111 5 155 r:rr-s1 11111' I'IR --h/ef-aib August 29,1995 Glenn Mc('uen 434 Midland New Castle, CO 81647 U.S. Department of Interior Bureau of Land Management Attention: Mr. Michael S. Motlice, Area Manager Glenwood Springs Area Resource ()Rice P.O. Box 1009 Glenwood Springs, CO 81602 R1,: 4399 County Road 243 Dear Mr. Michael S. Mortice: This follows our meeting of August 23, 1995. Per Your request, 1 am enclosing a copy oldie survey that was generated by Mr. Richard L. llolsan, a registered land surveyor. The survey suggest that the southern most corner of my foundation is 4.47' over my property line and encroaches land owned by the United States, As 1 explained to you during our meeting, 1 prepared a site plan required by the Garfield County Building and Planning Department. The site plan was draped by myself The site plan that I provided you on August 23, 1995, placed my home 39.5' within nay boundary line 1 made an error when! dialled the site plan by using the southeast corner as a starting point when 1 should have used the southwest corner instead. 1 made an honest mistake. When I first became aware of my error, 1 immediately halted all construction and contacted Mr. Dan Sokal of your office. Mr.Sokal suggested That 1 move my foundation. 1 then began researching the cost and feasibility of moving my foundation. 1 he most feasible avenue! have uncovered is to tear up my foundation and excavate 44' to the northwest. It is not possible to move the foundation in one piece The cost associated with cutting the foundation in sections and splicing it back together are greater than tearing it up arid starting all over again. The cost associated with tearing up and moving my foundation are as follows: 1. Demolition of existing foundation $ 484.00 2. Filling and leveling existing site 200.00 3 1 lauling off foundation debris 400.00 4. Preparing new site 885.00 5. New foundation -----__--_6675_00 Total $8,644.00 The aforementioned cost does not include dump fees, cost associated with ie drafting blueprints, fees for re inspections required by the Garfield County Building and Planning Department, or any other cost that may be unforeseen at this time. Page Two 11.S. Department of Interior August 29,1995 As 1 explained during our meeting of August 23, 1995, I currently have a construction loan with Miles Homes. Due to my error, 1 have exhausted my foundation and site excavation budgets. 1 nm writing to you today to ask if you will consider trading enough land that would place my current foundation within my required boundaries and within the 25' set back required by the county. 1 estimate that 1 will need approximately 2,250 square foot of land to be in compliance with the county requirements. 1 am willing to pay all cost associated with this transaction. I believe that the cost of trading an equal portion of land would be far less than tearing up my foundation Winter is nearing and I would appreciate your consideration in this mat ler. Sincerely, Glenn McCuen linclosules: Richard 1lolsan's survey Scarrow & Walker's Map 111111-I'FV 111 111 I�1 United States l)epartnicut of the interior Glen McCuen 434 Midland New Castle, CO 8164'7 Dear Mr. McCuen: �3tJI I all c�F (.AN)) N1ANn(,r.n)[iN r Glenwood Slit logs Resnunrc Alen 50629 Highway 6 and 24 P.O. liox I()1}) (ilcnwnncl Shrinks, Colorado 81602 September 5, 1995 (7--880) We are in receipt of your letter elated August 29,1995 concerning the inadvertent placement of a corner of a foundation for your new hose on public 1 ►nd::. We realize that the incident was ur'wil1f111 and enrroa::hen only 4.47 feet onto public land. We also understand that Garfield County requires a 25 foot setback from the property line. We appreciate your early notification to us and your willingness to prey costs to resolve this matter. As you know, we talked with you several Limos, visiteli the site, and talked with Lynn Kerst of Congressman Scott Mclnnis's office about the situation. i know we have talked about the potential of exchange, sale, and lease to resolve the problem and 1 have been considering those alternatives. The transfer of public lands into private ownership is a very involved process and would involve the following strips and approximate costs: 1. BI.M appraisal : $1,006 to $2,000. 3. BIM Cadastral Survey: $2,500 to $4,000. 4. Cultural Resource and Threatened FEndangered Plant Inventories: $500 to $1,000. 5. BLM Administrative Costs (NEPA documentation, Staff and Management: Review, Notice of Realty Action, Public News Releases, Title Review, Title Preparation, Records Notation for land Status and Survey): $3,000 to $5,000. 6. Fair market value of the land: For 2,2.50 sq. ft. (.05 acre): $300. For. a 50 ft:, strip across the south boundary of your property (50 ft. x 988.2 ft:.) or 1.13 acres: $6,'180. ']'hese estimates are based at the same value as your 10 acres of property. In addition to the cost involved, there are the problems of the amount of time required and the redistribution of our ct►r.ren1 workload to process your proposal. Even to prioritize your case, the amount of time needed to survey, conduct an appraisal, publish a Notice of Realty Action (NORA) and provide for pubii,_ revi.l:w wnuici tariff %I MihiRiunr CF. 6 maul:irs. I would prefer not to accept an application for land transfer or lease to you. based on the lack of public benefit derived from the transaction and the amount of ti.nte and involvement such a transaction would take even with you bearing the costs. Also, bear in mind that final approval of any transaction in uncertain, pending the outcome of the NEPA and public review process. In addition, as 1 have mentioned before, this would be inconsistent with our policy in resolving the current workload of similar unauthorized uses. My reconunendation is, that although your costs for removal of structure seem high, I believe they would be lesser than your costs to the BLM and would provide a finality to the situation that to allows you to continue construction. However, if you really want to assume the risk and liability involved in such an endeavor, we can continue to talk about 11. 1 have also decided not: to pursue the removal of the foundation or even the placement of the house or to penalize you for it. Simply put, the unauthorized use of 4.47 feet onto public land does not warrant: any further 1 ti • action on our part. The liability for such encroachment however, will always remain with the landowner and would most likely encumber any future action for disposition of the subject house. The transfer of public lands would not be possible at any time in the future either. As you see, the small amount of public land you are requesting cannot be easily conveyed or "quit claimed" to you. The process and costs we have described to you are based on our past experience with exchanges and leases. The average time in processing an exchange has been 2 years. Even without the processing costs, the land cannot be sold for less than fair market value which would be based on the purchase price of your property and other comparable sales which would be close to $6,000 per acre. Overall then, it seems to me that with the costs and the time involved for you to "cure" the problem, the reasonable solution would be to remove the foundation and rebuild with the proper set backs on your land. Please let me know your. decision. Sincerely, //0 61i 110 tif Michael S. Mottice Area Manager September 6, 1995 Glenn McCuen 434 Midland New Castle, CO 81647 U.S. Department of Intcriof Bureau of Land Management Attention Mr. Wand Moiiicc Glenwood, Springs Resource Area Office P.O� 1009 ;1 nwood Springs, CO 81602 RE: 4399 county road 243 Dear Mr. Michael Motlice: This will serve to acknowledge yours dated September 5, 1995. During our trip to and from my property on Main Elk Creek you and I did talk about the potential of exchange, sale, and lease to resolve my current problem. You also indicated that if you expedited the matter it could still take up to four weeks before the transaction could be made. I have about eight more months before I will need permanent financing for my property. Your decision to not pursue the removal of my foundation from public lInds is a kind gesture, however, 1 may not be able to obtain permanent financing in Ibis situation. I would like to know more about the requirements yoti have outlined in your correspondence. Are all of the surveys, appraisals, and studies required in this situation? I aur even more interested now in learning what [can about the issue at hand as I -have taken on the risk of building my home knowing that you will not pursue the removal of my foundation. 1 would like you to consider moving forward with my request to buy die .05 acres of land. Please lel me know what I need to do to move this matter fottvard. Sincerely, Glenn Mc Caen cc: Lynne Kcrsl September 6, 1995 Glenn McC'uen 434 Midland New Castle, CO 81647 U.S. Department of Interior Bureau of 1.and Management Attention Mr. Michael Motlice Glenwood Springs Resource Arca Office P.O. Box 1009 Glenwood Springs, CO 81602 RE: 4399 county road 243 Dear Mr. Michael MoRice: This will serve to acknowledge yours dated September 5, 1995. During our trip to and from my property on Main Elk Creek you and I did talk about the potential of exchange, sale, and lease to resolve my current problem. You also indicated that if you expedited the matter it could still take up to four weeks before the transaction could be made. 1 have about eight more months before I will meed permanent financing for my properly. Your decision to not pursue the removal of my foundation from pub1i lands is a kind gesture, however, 1 may not be able to obtain permanent financing in this situation. would like to know more about the requirements you have outlined in your correspondence. Arc all of the surveys, appraisals, and studies required in this situation? 1 am even more interested I10Sv in learning what I can about the issue at hand as 1 have taken on the risk of building my home knowing that you will not pursue the removal of my foundation. I would like you to consider moving forward with my request to buy the .05 acres of land. Please let me know what I need to do to move this mailer forward. Sincerely, Glenn McCucn cc: Lynne Kcrsl r Ira 1111'111,111.11 In United States Department of the Interior f311RNA[J OF LAND h1ANAC;[;MEN'f' (1lcnwnod Springs Resource Arca 50629 I Iighw;sy 6 and 24 P.O. flux 1009 Glenwood Springs. ('otnracln 81602 September 12, 1995 Glen McCuen 434 Midland New Castle, Colorado 81647 Dear Mr. McCuen: 9230 (7-880) This letter is in response to your FAX of September 9, in answer to my letter of the same diLe to you. The date of your FAX indicated that you had not yet, received the signed version of my letter, no perhaps you had. not had a chance to fully consider its contents. Several points i.1 Lhat leLt._r }:v emphasized and clarified. 1) My decision to not p11rsue removal of your foundation should in no way he interpreted ns an authorization of your construction. In fact:, a subsequent Bureau of Land Management: manager could decide to request the removal. I and not pursuing the removal of your foundation ai this time because of limited staffing and the minimal level of impact to public lands. 2) While 1 believe the encroachment was inrldvertent and thus non -willful, continuation of: the •'ncr.oachrnent must be considered willful which could make you livable for a penalty assessment as well as costs of removal at some future date. 3) I would prefer not to accept an appli.catien from you because of the excessive arrlount of staff time required given the limited public benefit, the high cosi to you, and the possibility that your application might still be denied. 4) '1'he reference in my letter. tc, .05 acre was simply to contrast the physical encroachment and its value with the actual acreage you would be expected to purchase, 1.13 acres, and its value, $6,780. As I discussed with you in the field, the smaller acreage is not an option because it would make for a confusing boundary line. Also, such a stall addition to yeur property is eel . reasonable long-term solution to your prcblern given ¶:he likelihood that you or future owners could make the Bern_ .ti i. _:t ,..,_ aga'.n and encroach further on 1;1,M laud with yoor lawn and other pnten:ir.l improvement.: in the immediate vicinity of your homesite. 5) Our estimate of the cost to you of any transfer is between $14,000 and $18,000. As I said in my previens letter, given the costs anticipated, t:he time required and the uncertainty involved in an application, the reasonable solution seems to he to .remove the foundca1i_on and reb+iild with the proper setbacks. cc: Lynne Korst Sincerely, X.,/4 i Michael S. Mot.t:ice ]1roa Manager September 13, 1995 Glenn McCuen 434 Midland New Castle, CO 81647 Congressman Scott Mcinnis Attention: Lynne Kerst 526 Pine Street Glenwood Springs, Co 81601 RE: 4399 County Road 243 Dear Lynne Kers!: I am in receipt of a letter from Mr. Motlicc dated September 12, 1995. Mr. Mottice has apparently carbon copied you on the leiter, however, I am enclosing his letter in the event you have not yet received your copy. must say that 1 have apparently misinterpreted Mr. Mottice's previous letter. 1 understood that The Bureau Of Land Management would not be persue the removal of my foundation. I interpreted this to mean that I could move forwm,:; Ivill► no worry that 1 would be pursued by the Bureau Of Land Management. Mr. Motlicc is now clarifying his previous correspondence by saying that he would not pursue me for what I have done, but I should not be moving forward with the construction as he would consider this action as willful and he further threatens me with liability and possible penalties. I am shocked by Mr. Moltice's letter. Ile has now made himself quite clear. It appears that lie is not only unwilling to work with us, but he is trying 10 make it as hard as he possibly can to prevent us from involving him in this mailer. The cost outlined in Mr. Motlice's letter are astronomical. I only need $300 00 worth of land to remedy my situation. Wiry should the transaction cost between $14,000.00 and •$18,000007 Everyone that 1 have spoken to about this issue, including lawyers, tell me that Mr. Motticc is being very unreasonable. I realize That I did make a mistake. I also called off my excavator in hopes that Mr. Mclnnis could help. I feel that I have been somewhat misdirected by Mr. Motlicc and have only moved deeper into a hole that I can not climb out of. I am begging you to involve Congressman Scott McInnis in this matter. I can not afford to move forward and I can not afford to move backwards al this point. 1 need Mr. McInnis' help. Sincerely, Glenn McCuen Enclosure' 13LM leiter of September 12, 1995 [tet Yr 1 . t4l-(lei f15-'-'6-; 1\-A- -}-a-4 ce -}-Z�.L- J -IL-1,-i' ,L L ' L z.r -v a c' ,c.P (31--v-e0 It. S. Department of the Interior Bureau of Land Management Glenwood Springs Resource Area MICHAEL S. MOTTICE Area Manager 60629 Highway 6 & 24 P. 0, Box 1009 Glenwood Springs, CO 81601 (303) 945-2341 otr-lc-, 3: 2-v September 25, 1995 Glenn McCnen 434 Midland New Castle, CO 81647 Congressman Scott Mcinnis Attention: Lynne Kerst 526 Pine Street Glenwood Springs, Co 816{}1 RE: 4399 County Road 243 Dear Lynne Kcrsl: On September 25, 1995, I spoke with Mr. Mark Morse, District Manager for the Bureau of Land Management. We discussed niy problem in depth. Mr. Morse indicated that the normal process for selling hind to the public is as Mr. Mottice described, both costly and lime consuming. Mr. Morse explains that it would probably lake as long as 18 months and could cost as nttich as Mr. Mollice has quoted. I also discussed with Mr. Morse the Sural! Tracts Act. Mr. Morse was not very familiar with this act as it relates to the National Forest Service which is handled through the Department of Agriculture. So, I read to Mr. Morse a portion of Oft Small "Tracts Act as it relates to my problem. The section I read to Mr. Morse reads as follows: ('Title 16 United Stales Code Service section 521c. Small parcels and road right-of-ways) The National Forest System lands which may be sold, exchanged, or interchanged under this Act are those the sale or exchange of which is not practicable tinder any other authority of the Secretary, which have a value as determined by the Secretary of not more than $150,000, and which are --- (2) parcels of ten acres or less which are encroached upon by improvements occupied or used tinder claim or color of title by persons to whore no advance notice was given that the improvements encroached or would encroach upon such parcels' and who in good faith relied upon an erroneous survey, title search, or other land description indicating that there was riot such encroachment; Mr. Morse explains that the Bureau of Land Management is handled by the Department of Interior and they have a separate set of guidelines as opposed to the National Forest Service. Mr. Morse further explained lhat the requirements outlined by Mr. Mottice, however, he ivould check and see if there were any other alternatives and gel back with rue. Mr. Morse was not optimistic though. With respect to the differences between how the BLM and National Forest Systems sell, exchange, or interchange lands, Mr. Morse suggested that 1 ask my congressman, 1 believe that portions of the Small Tracts Act were generated because of situations similar to mine. Why doesn't the I3LM have This satire Act in it's guidelines? Why the difference in how government lands are conveyed? Can I do anything to change this? Sincerely, Glenn McCuen CONSERVATION (IVES erred to in this 3-519, 521, 552 USCS Tables r to purchase or he Congress in its of expenditures for ire may not hereaf- ange relating to the pes of lands which eservation Commis - .tailed report of the .s submitted to the es and the Commit - and Forestry] of the li such committees. that the land should .cd by the Secretary and e value pursuant to id Management Act ,ug. 20, 1988, P. L. (PINES 'vestry" were iti- iies of the Senate, the "Committee cd Feb. 4, 1977, Forestry of the Afore, Nutrition, atter, substituted after "price;"; in and added para. NATIONAL FORESTS 16 USCS § 521d Transfer of functions: Act Oct 22, 1976, P. L. 94-588, §17(a)(1), 90 Stat. 2961, abolished the National Forest Reservation Commission and transferred its functions to the Secretary of Agriculture. § 521c. Definitions That for purposes of this Act --- (1) the term "person" includes any Slate or any political subdivision or entity thereof; (2) the term "interchange" means a land transfer in which the Secretary and another person exchange titles to lands or interests in lands of approximately equal value where the Secretary finds that such a value de- termination can be made without a formal appraisal and under such regulations as the Secretary may prescribe; and (3) the term "Secretary" means the Secretary of Agriculture of the United Stales. (Jan. 12, 1983, P.L. 97-465, § 1, 96 Stat. 2535.) HISTORY; ANCILLARY LAWS AND DIRECTIVES References in text: "This Act", referred to in this section, is Act Jan. 12, 1983, P. L. 97-465, 96 Stat. 2535, which appears generally as 16 USCS §§ 521c-52Ii. For full classification of this Act, consult USCS Tables volumes. CROSS REFERENCES 'This section is referred 10 in 16 USCS §§ 521c, 521f, 521g, 521h, 521i; 43 USCS § 1716. § 521d. Sale, exchange or interchange of National Forest System land The Secretary is authorized, when the Secretary determines it to be in the public interest -- (1) to sell, exchange, or interchange by quitclaim deed, all right, title, and interest, including the mineral estate, of the United States in and to National Forest System lands described in section 3 [16 USCS § 521e1; and (2) to accept as consideration for the lands sold, exchanged, or inter- changed other lands, interests in lands, or cash payment, or any combina- tion of such forms of consideration, which, in the case of conveyance by sale or exchange, is at least equal in value, including the mineral estate, or, in the case of conveyance by interchange, is of approximately equal value, including the mineral estate, to the lands being conveyed by the Secretary. The Secretary shall insert in any such quitclaim deed such terms, convenants [covenants], conditions, and reservations as the Secre- tary deems necessary to ensure protection of the public interest, including protection of the scenic, wildlife, and recreation values of the National 251 16 USCS § 521a CONSERVATION HISTORY; ANCILLARY LAWS ANI) 1)IRECI'IVES References in text: "The Weeks Act of March 1, 1911 (36 Stat. 961)", referred to in this section, is classified generally to 16 USCS §§ 480, 500, 513-519, 521, 552 and 563. For full classification of such Act, consult USCS 'Tables volumes. § 521b. .Report of Secretary of Agriculture prior to purchase or exchange of land; contents; waiting period For purposes of providing information that will aid the Congress in its oversight responsibilities and improve the accountability of expenditures for the acquisition of forest land, the Secretary of Agriculture may not hereaf- ter [Oct. 22, 1976) enter into any land purchase or exchange relating to the National Forest System of $150,000 or more for the types of lands which have been heretofore approved by the National Forest Reservation Commis- sion until after 30 days from the date upon which a detailed report of the facts concerning such proposed purchase or transfer is submitted to the Committee on Agriculture of the llouse of Representatives and the Commit- tee on Agriculture and Forestry [Agriculture, Nutrition and Forestry] of the Senate or such earlier time as may he approved by both such committees. Such report shall contain at least the following: (1) guidelines utilized by the Secretary in determining that the land should be acquired; (2) the location and size of the 1- :rd; (3) the purchase price of the land and the criteria used by the Secretary in determining such price; (4) the person from whom the land is being acquired; and (5) any adjustment made by the Secretary of relative value pursuant to section 206(1)(2)(13)(ii) of the Federal band Policy and Management Act of 1976 (43 U.S.C. 1716). (Oct. 22, 1976, P. 1. 94-588, § 17(b), 90 Slat. 2962; Aug. 20, 1988, P. I.. 100-409, § 6, 102 Stat. 1090.) HISTORY; ANCILLARY LAWS ANI) DIRECTIVES Explanatory notes: The bracketed words "Agriculture, Nutrition and Forestry" were in- serted on the authority of Rule XXV of the Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977, which abolished the Committee on Agriculture and Forestry of the Senate and replaced it with the Committee on Agriculture, Nutrition, and Forestry of the Senate, effective Feb. 11, 1977. Amendments: 1988. Act August 20, 1988, in the introductory matter, substituted "$150,000" for "$25,000"; in para. (3), deleted "and" after "price;"; in para. (4), substituted "; and" for a concluding period; and added para. (5). 250 NATIONAL FORE. Transfer of fun Act Oct. 22, 1E; National Forest the Secretary o § 521c. Definiti= That for purposes (1) the term " p: entity thereof; (2) the term "in and another pe approximately e• termination can regulations as ti (3) the term "Se. States. (Jan. 12, 1983, P.1 I IIST( References In t "This Act", ret 96 Stat. 2535, full ctassificati( This section is rE USCS § 1716. § 521d. Sale, e: land The Secretary is a public interest -- (1) to sell, exchc- interest, includi National Forest and (2) to accept a- changed other 1 tion of such for sale or exchang• or, in the case - value, including Secretary. The terms, convenar tary deems nese protection of tl' 4- 23 H' 16 USCS § 521d CONSERVATION Forest System and provision for appropriate public access to and use of lands within the System. The preceding sentence shall not be applicable to deeds issued by the Secretary to lands outside the boundary of units of the National Forest System. (Jan. 12, 1983, P. L. 97-465, § 2, 96 Slat. 2535.) HISTORY; ANCILLARY LAWS ANI) DIRECTIVES Explanatory notes: The bracketed word "covenants" was inserted in para. (2) as the word probably intended by Congress. § 521e. Small parcels and road right-of-ways The National Forest System lands which may be sold, exchanged, or interchanged under this Act are those the sale or exchange of which is not practicable under any other authority of the Secretary, which have a value as determined by the Secretary of not more than $150,000, and which are— (1) parcels of forty acres or Tess which are interspersed with or adjacent to lands which have been transferred out. of Federal ownership under the mining laws and which are determined by the Secretary, because of loca- tion or size, notto be subject to efficient administration; (2) parcels of ten acres or less which are encroached upon by improve- ments occupied or used under claim or color of title by persons to whom no advance notice was giver that the improvements encroached or would encroach upon such parcels, and who in good faith relied upon an erroneous survey, title search, or other land description indicating that there was not such encroachment; or (3) road rights-of-way, reserved or acquired, which are substantially surrounded by lands not owned by the United States and which are no longer needed by the United States, subject to the first right of abutting landowners to acquire such rights-of-way. (Jan. 12, 1983, P. L. 97-465, § 3, 96 Stat. 2535.) HISTORY; ANCILLARY LAWS ANI) DIRECTIVES References In text: "This Act", referred to in this section, is Act Jan. 12, 1983, P. L. 97-465, 96 Stat. 2535, which appears generally as 16 USCS §§521c --521i. For full classification of this Act, consult USCS Tables volumes. CROSS REFERENCES This section is referred to in 16 USCS §§ 52Id, 52111. § 521f. Costs of conveyance and value of improvements Any person to whom lands are conveyed under this Act shall bear all rea- sonable costs of administration, survey, and appraisal incidental to such conveyance, as determined by the Secretary. In determining the value of any lands or interest in lands to be conveyed under this Act, the Secretary may, 252 24 NATIONAL in those cas. interest, exci the lands m: road rights of -way is co improvemen United Stat determines t person of c. reimburserne otherwise ref (Jan. 12, 198 Referent "This A. 96 Stat. full class § 521g. R( Conveyance as permitting road or othei and under co (Jan. 12, 198 Referent "This Ac 96 Stat. full class § 521h. R: - The Secretary including spe. (1) criteria constitutes (2) the del equal value (3) factors connection changed ui (Jan. 12, 198 43 USCS § 677 PUBLIC LANDS SALE AND Di Other provisions: Savings provisions. Act Dec. 16, 1930, ch 14, § 2, 46 Stat. 1029, provided that rights or Liabilities existing under this section on Dec. 16, 1930, are not affected by this repeal. §§ 678-682. [Repealed] HISTORY; ANCILLARY LAWS ANI) !)IRECI'IVES These sections (§ 678---R. S. § 2357; §§ 679, 680 -Act June 15, 1880, ch 227, §§ 3, 4, 21 Stat. 238; §681 --Act Mar. 2, 1889, ch 381, § 4, 25 Stat. 854; § 682 -Act Mar. I, 1907, ch 2286, 34 Stat. 1052) were repealed by Act Oct. 21, 1976, P. L. 94-579, Title VII, § 703(a), 90 Stat. 2789, effective on and after Oct. 21, 1976, as provided by § 703(a) of such Act. They provided for the price of puhlic lands offered for sale; provided for the price of alternate sections of railroad lands offered for sale; excepted former 43 USCS § 679 from application to sale of mineral lands; provided for the price of forfeited railroad lands and lands adjacent to railroad lands and; authorized and set price of puhlic lands sold for cemetery purposes, respectively. Other provisions: Savings provisions. Act Oct. 21, 1976, P. L. 94-579, Title VII, § 701(a), 90 Stat. 2786, located at 43 USCS § 1701 note, provided that these repeals shall not be construed as terminating any valid lease, permit, patent, right-of-way, or otl.,.r land use right or authorization existing on Oct. 21, 1976. § 682a, Sale or lease of small tracts for residence, recreation, business, or community site purposes [Caution: for partial repeal, see Other provisions note] The Secretary of the Interior, in his discretion, is authorized to sell or lease to any person or organization described in section 3 of this Act [43 USCS § 682c], a tract of not exceeding five acres of any vacant, unreserved public lands, public lands withdrawn by Executive Orders Numbered 6910 of November 26, 1934, and 6964 of February 5, 1935, for classification, or public lands withdrawn or reserved by the Secretary of the interior for any purposes, which the Secretary may classify as chiefly valuable for resi- dence, recreation, business, or community site purposes, if he finds that such sale or lease of the lands would not unreasonably interfere with the use of water for grazing purposes nor unduly impair the protection of watershed areas, in reasonably compact form and under such rules and regulations as he may prescribe, at a price to be determined by him, for such use: Provided, That no land may be sold hereunder unless it has been surveyed. No person or organization shall be permitted to purchase or lease more than one tract under the provisions of this Act [43 USCS 726 §§6828-682e), tory to the Sec (June 1, 1938, 467; June 8, 19 111 Explanator Provisions June 8, 19` Amendnie- 1945. Act any emplo: notwithstar tary, purch business sit this Act sh: 1954. Act ; "The Secre lease, to an the age of who has fit required by of any vac land withd other purr: Numbered for classific: a home, cal in reasonab may preset Provided, 1 any survey shall be pe sions of I� satisfactory under the United Stat the right 1. regulations employee notwithstan tary, purely business sit_ Other provl Partial rep= Stat. 2787, the date of effective dat L PtjnLIC LANii5 . § 2, 46 Stat. 1029, pis section on Dec. 16, )IRECIZVES --Act June 15, 1880, 1889, ch 381, §4, 25 34 Stat. 1052) were tic VII, § 703(a), 90 provided by §703(a) !ic lands offered for is of railroad . lands from application to -feited railroad lands zed and set price of v. Title VII, § 701(a), provided that these valid lease, permit, ithorization existing esidence, recreation, horized to sell or lease of this Act [43 USCS :ant, unreserved public -s Numbered 6910 of , for classification, or of the Interior for any fly valuable for resi- Foses if he finds that blyiifrfere with the air the protection of under such rules and terntined by him, for der unless it has been itted to purchase or this Act 143 USCS �.w SALE AND DISPOSAL OF PUBLIC LANDS . 43 USCS § 682a §§ 682a -682e], except upon a showing of good faith and reasons satisfit8. tory to the Secretary. (June 1, 1938, ch 317, § 1, 52 Stat. 609; July 14, 1945, ch 298, 59 Stat. 467; June 8, 1954, ch 270, 68 Stat. 239.) IHISTORY; ANCILLARY LAWS AND DIRECTIVES Explanatory notes: Provisions contained in this section prior to the amendment by Act June 8, 1954, are now contained in 43 USCS §§682b -682d. Amendments: 1945. Act July 14, 1945, substituted "prescribe: Provided further, That any employee of the Department of the Interior, stationed in Alaska, notwithstanding such employment, may, in the discretion of the Secre- tary, purchase or lease one such tract in the Territory of Alaska, except business sites, under this Act" for "prescribed: Provided further, That This Act shall not apply to any lands in the Territory of Alaska 1954. Act June 8, 1954, substituted new section for one which read: "The Secretary of the Interior, in his discretion, is authorized to sell or lease, to any person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who has filed his declaration of intention to become such a citizen, as required by the naturalization laws, a tract of not exceeding five acres of any vacant, unreserved, surveyed public land, or surveyed public land withdrawn or reserved by the Secretary of the Interior for any other purposes, or surveyed lands withdrawn by Executive Orders Numbered 6910 of November 26, 1934, and 6964 of February 5, 1935, for classification, which the Secretary may classify as chiefly valuable as a home, cabin, camp, health, convalescent, recreational, or business site in reasonably compact form and under such rules and regulations as he may prescribe, at a price to be determined by him, for such use: Provided, That no tract shall be sold for less than the cost of making any survey necessary to properly describe the land sold; that no person shall be permitted to purchase more than one tract under the provi- sions of this Act, except upon a showing of good faith and reasons satisfactory to the Secretary, and that patents for all tracts purchased under the provisions of this Act shall contain a reservation to the United States of the oil, gas, and other mineral deposits, together with the right to prospect for, mine, and remove the same under such regulations as the Secretary may prescribe: Provided further, That any employee of the Department of the Interior, stationed in Alaska, notwithstanding such employment, may, in the discretion of the Secre- tary, purchase or lease one 'such tract in the Territory of Alaska, except business sites, under this Act.". Other provisions: Partial repeal. Act Oct. 21, 1976, P. L. 94-579, Title VII, § 702, 90 Stat. 2787, provided that this section is repealed effective on and after the date of approval of this Act (approved Oct. 21, 1976), except the effective date shall be on and after the tenth anniversary of the date of Z6- 727 P.' 1 43 USCS § 682a PUBLIC LANDS approval of this Act insofar as this section applies to public lands in Alaska. Savings provisions. Act Oct. 21, 1976, P. L. 94-579, Title VII, § 701(a), 90 Stat. 2786, located at 43 USCS § 1701 note, provided that nothing in Act Oct. 21, 1976, shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on Oct. 21, 1976. CODE OF FEDERAL REGULATIONS Nondiscrimination in federally -assisted programs of Department of Interior; effectuation of Title VI of Civil Rights Act of 1964, 43 CFR Part 17. Small tract, 43 CFR Part 2730. § 682b. Minimum selling price; reservation of mineral rights [Caution: for partial repeal, see Other provisions note] No tract shall be sold for less than the cost of making any survey necessary to describe properly the land sold. Patents for all tracts pur- chased under the provisions of this Act [43 USCS §§ 682a -682c] shall contain a reservation to the United States of the oil, gas, and all other mineral deposits, together with the right to prospect for, mine, and remove the same under applicable law and such regulations as the Secretary may prescribe. (June 1, 1938, ch 317, § 2, as added June 8, 1954, ch 270, 68 Stat. 239.) HISTORY; ANCILLARY LAWS AND DIRECTIVES Explanatory notes: Provisions similar to those contained in this section were formerly contained in 43 USCS § 682a. Other provisions: Partial repeal. Act Oct. 21, 1976, P. L. 94-579, Title V11, § 702, 90 Stat. 2787, provided that this section is repealed effective on and after 'the date of approval of this Act (approved Oct. 21, 1976), except the effective date shall be on and after the tenth anniversary of the date of approval of this Act insofar as this section applies to public lands in Alaska. Savings provisions. Act Oct. 21, 1976, P. L, 94-579, Title VII, § 701(a), 90 Stat. 2786, located at 43 USCS § 1701 note, provided that nothing in Act Oct. 21, 1976, shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on Oct. 21, 1976. CODE OF FEDERAL REGULATIONS Nondiscrimination in federally assisted programs of the Department of the Interior -effectuation of Title VI of the Civil Rights Act of 1964, 43 CFR Part 17. 728 •-•2?ft• SALE AND Du This section is Forms: 15 Am Jur Law Revle,. Mall, Feder Reeves, Th. Rev 333, 19 Rudd, Who Changing L 109, 1975. § 682c. Quail (Caution: for pn A lease may be 682e] to any of United States, r citizen as requi association, eat'- or has filed a d• tion, including United States, o business in the Territory, munic (June 1, 1938, cl HIS" Explanatory Provisions si 43 USCS § 6 Other provis Partial rept_ Stat. 2787, p the date of - effective date approval of Alaska. Savings prov 90 Stat. 278; in Act Oct. permit, pate' existing on C PUBLIC LAN! •s to public lands in Title VII, § 701(a), ovided that nothing iting any valid lease, :lit or authorization ONS )epartment of Interior; CFR Part 17. mineral rights if making any survey nts for all tracts pttr- 'S §§ 682a -682e] shall oil, gas, and all other for, mine, and remove as the Secretary may 270, 68 Stat. 239.) 'tECI'IVES ion were formerly itle VII, § 702, 90 active on and after 1976), except the sary of' the date of to public lands in Fide VII, § 701(a), dad that nothing rig VWvalid lease, t of authorization NS • •! Department of they ` ct of 1964, 43 CFR SALE AND DISPOSAL OF PUBLIC LANDS CROSS REFERENCES This section is referred to in 43 USCS §§ 682c, 682d, 682e, 869. RESEARCII GUIDE 43 USCS §-6$; Forms: 15 Am Jur Legal Forms 2d, Public Lands §§212:14, 212:15, 212:16.1. Law Review Articles: Mall, Federal Mineral Reservations. 10 Land & Water L Rev 1, 1975. Reeves, The Meaning of the Word "Minerals". 54 North Dakota L Rev 333, 1978. Rudd, Who Owns Alaska? Mineral Rights Acquisition Amid Rapidly Changing Land Ownership. 20 Rocky Mountain Mineral Law Institute 109, 1975. § 682d, Qualifications of lessees and purchasers [Caution: for partial repeal, see Other provisions note] A lease may be issued or a sale made under this Act [43 USCS §§ 682a - 682e] to any of the following: (a) An individual who is a citizen of the United States, or who has filed his declaration of intention to become a citizen as required by the naturalization laws; (b) a partnership or an association, each of the members of which is a citizen of the United States or has fled, a declaration of intention to become a citizen; (c) a corpora- tion, including nonprofit corporations, organized under the laws of the United States, or of any State or Territory thereof, and authorized to do business in the State or Territory in which the land is located; (d) a State, Territory, municipality, or other governmental subdivision. (June 1, 1938, ch 317, § 3, as added June 8, 1954, ch 270, 68 Stat. 239.) HISTORY; ANCILLARY LAWS AND DIRECTIVES Explanatory notes: Provisions similar to those contained in this section were contained in 43 USCS § 682a. Other provisions: Partial repeal. Act Oct. 21, 1976, P. L. 94-579, Title VII, § 702, 90 Stat. 2787, provided that this section is repealed effective on and after the date of approval of this Act (approved Oct. 21, 1976), except the effective date shall be on and after the tenth anniversary of the date of approval of this Act insofar as this section applies to public lands in Alaska. Savings provisions. Act Oct. 21, 1976, P. L. 94-579, Title VII, § 701(a), 90 Stat. 2786, located at 43 USCS § 1701 note, provided that nothing in Act Oct. 21, 1976, shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on Oct. 21, 1976. es"' 241~0. 729 06 20 P3 16:27 I/070 013 P769 Plied for ,....,,d the dor of Is pt ion lin.T Quem CLAIM Dago LARRY GREEN ,e.b. 1S__, of .&ciu 4 M. 02,710001. —FRR}rv. Pitt tlkteiv a waste THIS DMus , hide th(. car of Jur* 21, 1005 W�1VA HEY R of the el a , rrtnty of .ort etote of aalr ; 771/ TAMHY =WHEW WOMEN, MAR:, InnP t.I&L I• 434 MJ ell and , New of the County If 101IId If, that Ih, ..,Id party et the first sort, TRN DOIIIFS Castle CO 81647 e a te.f ftof 001 et the Wand MI' for real In r.onticle...01On of Mt Itm of If). t1Q to the PAW part(toe) of Llw. r;IA1 part in hand geld by the a,id pert(i►a) of the .!Card part, rn. rvvelpt Jrrroof 1e her by oanfa0C.dpod .cdncwlrti�+.f, hr,.t reoll.0d, rcle6Ctd, aatd Contused /oil 641T CLAM), and AYan rhos* prPorntr do(•t) rooise reicote. Call, S mil Cyr; riAIM unto too Acid pert(let) of the rrt.i'1 part, Itheirl Dors, auCCIPlors ■M it/00"A. lereVtr, tit the ri t, (11I►. Interest, atom[ aM d4C )d %tick Is s.l,l I - t(Io.l e1 the flrot part Pig!) In oral to the IPltoelnl dicr bed lot u• 11.,.eel of lend situate, lying Ord being In the G6tneY of t3AR1'1t1L) and 11tat6 04 Colorado, 1•, Wit! THE WELL LOcA'I'1{It ON vIrrfi,lt: CAVANAUGH, TCY,1•'I'III•u WI'1'11 AN MD, ANY AND ALL WA'1'I-,U Irll;fl INCLUDING, DDT NOT LIH 1 1'I:n THE CLINETOP DITCH, IRHII1I1' LANDS EASI OF TRE PROPERTY WHICH 14A5 LtIt1l,l.lq1 PON L'Ii:, Y AND ALL WATER AND WATER RIGHTS IN AND T(1 Iiii 1 Afu t:F;1.t,1 '1':; NIS'tORICALLY WED ON OR ASSOCIATED WITH 'IIIA( vIINPLuFY, 11), (1.0833 CUBIC TBET OF WATER PCR SECOVD fllllll r Nu. 27.6it IN WATER DIVISION 5. CARFIELD COUNTY, 011.0lANO, e• AN EASEMENT AND EIGHHT--OF-WAY 1U CENT MI-ill/Ali OvtR AND ACROSS PARCELS or LAND WORT1t1!J LV OE THE PROPERTY, POR THE l'URrosE. nv ('IfNIrI1N:(;I'INt:, MAINTAINING AND REPAIRING A POWER LIKECOVRECTINQ TO TUE +'LiLIL, Iwnvlr;l; (N' CIIIAIIIAI)(I PIIWt,R LINE NORTH Oj 711I PROPERTY. THE SFECIFIC LOCATION (11' 3AIn 1SA11lINNl' ►4Ar Nur lKr NAVE BEEN DEPT ED, ells kaon 0.4 woos end Wilber VArllhfl' TAM) 10 IYLbP AIV IV NQIO the ears, th all oral suvulor the eppur1MFna.. end prtail nara thereinto botonelrte or in Y.yr.jS therdunti Ipporte+nlryj, anal .I1 OA rotate, alight, title, lntafiot R.d Clain whstt,•�►r, of the meld prtllpl et the faros part, olth.r In leer or ..yd.y, to the only proper uoe, tlanellt sed behoof of .h.. Antal part/lea) at the oeNAd Part. Moor/ rtalra Ir.d vision.= forwrr. 1i oI Ilikbli*We UNrIEDf, Tha srld I.. til►al of the Mat Net )rt+rsstNrytr hunt w i a,eeltM MY tnd year Ilrat A1.44M grlttM. {/ /'/ � 1 1} d ad n0 , Peal and VatIve-.d fn or ,bv MAIL to AZYWnp_(?' t.'•. Crerrty el r) WILL CAVANAUCH 1NNALS Thr fu. n lrq inttrteeent LIas ocRneYlt4rod Mitre ,e thle tiny ..r JLTill'all 1905 141L1, tAVktuarzi, M'1'c -III-FAcr IT.T2 WAVA BIWAA ANTI KILL GAVANAUCH, INDIVIDUALLY 1Iy CORIIt}ti•. arpires LK* 11 TLE WAAfltTrt rDPAMY 3011 IAIT rlell 44[. 114 14 uIOYUR, CCtotAb4 &HI .•,10 .tlitneal my hard 61Nel 01'1[111 1111. _1 r. i"Ita.^e_ .,AL , V ,,i!,.,,,1,,,. ) ,,,,,,..--.,1 ,ir:,iC - 3,t r e'(Y;d:i..4___ u `• 1 r1• ,1i etAry t1 A �-1�'1 i:.tr t, t .',..i. 1-.; Iris f�1:l1 : 1, 1O,": 4F 'y Cu1J 41 Y lui�iia'.tr'L%rI L'li :'IT n':'.l'dl a.W...111r.1r tart al,lrlalr--A., •.r[If z. r r.+. '7(r n. CUMIN 4 M 0411 CLAIM 1.110 Cearrw 0 G$43942 tiII.J {t 7942. IgZinLal:'l.iS GARFIELD COUNTY 13uilding and Planning OFFICIAL NOTICE YOUR ADDRESS IS r3 99 • /2 • Gcer,/, Fra &ro 772 D,e€,o I71e- .O, fay y /ewe -#(' ' Y d//e- 567— a� °444° Y* ,D/6//y, Tv 77."4t '.u7V /kee'r''',rfr ewmi /or w#/e-4' cow !fie PLEASE POST AN ADDRESS* ` THIS JOB SITE AS NO'T'ED IN YOUR PLAN REVIEW. IT 15 ALSO HELPFUL TO POST TIIE OWNERS NAME, ALSO. TIIE PLAN REVIEW REFERENCES SEC. 513'y'f/'C-S U[i TIIE 1988 UNIFORM BUILDING CODE, ADOPTED BY GARFIELD COUNTY: J-- SEF. 513 - APPROVED NUMBERS OR ADDRESSES SIIALL BE PROVIDED FOR ALL NEW BUILDINGS IN SUCII A POSITION AS TO BE PLAINLY VISIBLE AND LEGIBLE FROM THE STREET OR ROAD FRONTING TILE PROPERTY. TflE POSTING OF '1,I -IIS ADDRESS IS REQUIRED .BY 'I'I-IE U.B.C. AND L3Y YOUR BUILDING PERMIT. THIS ADDRESS ALSO- * HELPS BUILDING INSPECTORS FIND YOUR JOB SITE EASILY AND QUICKLY. THIS IS ESPECIALLY IMPORTANT BECAUSE OF TILE DISTANCES INSPECTORS MUST TRAVEL WITHIN 'HIE COUNTY, AND BECAUSE OF THE LARGE NUMBER OF ACTIVE CONSTRUCTION SITES WITHIN GARFIELI) COUNTY. ASSISTS DELIVERIES OF MATERIALS TO TIIE JOB SITE.• * ASSISTS TIIE FIRE ANI) LAW ENFORCEMENT PERSONNEL IN QUICKLY IDENTIFYING ADDRESSES FOR EMERGENCY SERVICES. THANK YOU ! 945-8212/625-5571/285-7972 Glcnwood Springs, Colorado 81601 109 8111 Street, Suite 303 • r GARFIELD COUNTY BOARD OF ADJUSTMENT AGENDA December 18, 1995 TIME: 7:00 P.M. PLACE: GARFIELD COUNTY COURTHOUSE, ROOM 302 DATE: DECEMBER 18, 1995 1) Call meeting to order 2) Roll CaII 3) Public Hearing for a Variance from Section 3.04.06(c) - Minimum Side Yard Setback in the A/R/RD Zone District, the property is located north of New Castle, approximately 4.2 miles up the Main Elk Creek Road from the intersection with C.R. 254 Applicant: Glenn and Kathy McCuen 4) Adjournment • • BOA 12/18/95 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Variance from Section 3.04.06(c) side yard setback APPLICANT: Glenn and Kathy McCuen LOCATION: Located on a tract of land located north of New Castle off of Main Elk Creek road (C.R. 243) SITE DATA: 9.84 acres in size WATERJSEWER: well /individual sewage disposal system ,SS : Main Elk Creek Road (C.R. 243) EXISTING'r' AND ADJACENT ZQNING: A/R/RD, O/S I. DESCRIPTION (W THE PROPOSAI{ A. Site Description: The subject property is located in a relatively remote area of the County , where the lots are generally in excess of 5.0 acres, but the majority of the land is publicall)/ owned. The lot in question located on a south facing slope in which the lots are surrounded by public land. B. Request: The applicants are requesting a variance to allow for a zero lot line on a side yard that is adjacent to land owned by the Bureau of Land Management. The specific request is to reduce the 10 ft. side yard setback required by Section 3.02.06 (3) to zero feet. The applicants started building a house on their properly based on an incorrect survey of the property lines. As a result, the house was placed 4.47 ft. outside of the property line and onto BLM property. The error was not discovered until the applicant had completed the foundation to the house. At that time, communication with the BLM was initiated to try to acquire enough land to meet the zoning requirements for the side yard setback. The applicants have worked with the BLM and congressman to accomplish the transfer of the property. Due to BLM requirements for land acquisition, it will take 18 months to complete the process, which will result in the applicant not being able to meet the mortgage company requirements for co version of a construction loan to conventional loan. (See application pgs. ) The applicants are having an engineer develop plans for the modification of the house as it is presently built, so that it can meet a zero setback for the lot. • . II. MAJOR ISSUES AND CONCERNS A. Variance Criteria - Section 9.05.03 of the Zoning Resolution (Variance - Action by the Board of Adjustment) states that the Board may authorize a variance to relieve hardship, provided: 1. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; 2. That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of' the General Plan or this Resolution; 3. That the circumstances found to constitute a hardship were not cause by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; 4. That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. B. Zoning - The side yard setback is established to ensure that there is minimum separation between properties and structures. The proposed zero lot line, side yard setback will not affect the use of the BLM property or any of the neighbors property. There are no known easements along this property or the adjoining BLM property. The applicants will be limited for any future expansion of the structure in the direction of the property line in question, without requesting another variance or going though the process with the BLM to acquire the necessary property to meet the setback requirements necessary for the proposed structure. C. Hardship - lithe variance is not approved, the applicant will have to tear down the house that is nearly complete. This will cost the applicants a great deal of money, that will result in a financial hardship. The applicant's error was self imposed, but the solution without a variance would appear to be extreme, given that the impact on adjoining properties is minimal at best. D. Bureau of Land Management - The BLM has indicated that they have no objection to the proposed zero foot, side yard setback. III. SUGGESTED FINDGS 1. That the application for Variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the denial of a variance will not have any undue impact on adjoining or nearby properties, but will result in financial hardship on the applicants. 1 i • 4. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the meeting. IV. RECOMMENDATION APPROVAL, of the proposed variance requests subject to the following conditions: 1. Requirement that the house will be modified based on an engineered design to be submitted to the building department as an addendum the existing approved building plans.. 2. That the applicants agree not to remodel the structure that conflicts with the setback requirements in existence at the time or to acquire the amount of land from the adjoining property owner necessary to meet the current zoning requirements. • 0 '"dg • VAft1ANC1`s APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Pursuant to Section 9.05�oo-f� the Garfield County Zoning Resolution AP 'S f G.�,� /it_`Cve J , •e�� �(ir j y f r,.e r,,✓ Com+✓ app 1.cant/owner's naive) request(s) a variance to Section 3 . d �, 2 C) of the Garfield County Zoning Resolution concerning -SdC 7 seda to permit 1.c>71-- /+ - b4k in the zone district. SU[3Mi'I'I'A[, REQUIREMENTS: A. Sketch map: showi ig all improvements on the site, building sizes, locations, setbacks, and access points. B. Vicinity snap: snowing general geographic location. C. Legal description of site - Copy of Deed of Ownership. 1). Practical description of site - including address. E. times and addresses of property owners adjacent to or within 200 ft. of the site (available through the Assessor's office) P. Where applicable: descriptions of domestic water source, sewage disposal, and other utility facilities. G. Plans and specifications for the proposal. H.- Narrative explaining why the variance is being requested. I. It should be demonstrated by the above information and .statements that, ..where by reason of exceptional narrowness, shallowness or shape of the specific piece of property at Llie time of enactment of Leis Resolution, or by reason of exceptional topographic condition of such piece of property, or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under Lhis resolution would result in peculiar and exceptional hardship upon the owner of such property". (Section 9.05.03) J. Subject to the above findings, the Board of Adjustment inay authorize a variance provided: 9.05.03 (1) : That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardships upon the owner of said property; 9.05.03 (2): That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the general plan or this resolution; 9.05.03 (3): 'That the circumstances found to constitute a hardship were not caused by the apt -TR -ant, are not due 10 or the result of general conditions in the district, and cannot be practically corrected; K. A$250 fee must be submitted with the application. PROCEDURAL REQUiREMENiS: 1. ,SuCiniL applications to the Garfield County Department of Building, Sanitation and Planning no later than the last Friday of the month in order to be included on the following month's agenda.' Regular meeting of the zoning Board of Adjustment scheduled on the fourth Thursday of each month. 2. You will receive, from the Planning Department, a "Public Notice Form" indicating the time and date of your hearing. 3. Notice by publication (of the public notice form) shall be given once in a newspaper of general circulation in that portion of the county in which the subject property is located, at least fifteen (15) days prior Lo the date of the public hearing, and proof of publication shall be presented at the Bearing by the applicant. Section 9.05.04.(1) 4. Notice by mailing (of- the public notice form) shall be sent by certified return --receipt mail to all owners of all property within two hundred (200) feet of the subject property at least five (5) days prior to Lhe hearing, and the return receipts showing receipt of notice shall be presented at the hearing by the applicant, unless the applicant is able to otherwise show evidence of adequate notice to such owners. Section 9.05.04.(2) The above and attache* d- ormaL' i is co recct. and accurate to the best of my knowledge. (signatc r of applicant and owner) APPLICANT: 61160 /14f641 PHONE '78 y,-- z3 SS -- MAI LING S--MAILING ADDRESS: V3 AVAAlK.;5714° Co 67‘�{7 OWNER: (if d erI ent from above) MAILING ADDRESS: PHONE • • APPLTCAPION G/1I I 1 E1,1) COIINTY IONTNG BOARD OI' ADJUSTMENT /11; r. S (/e r. lo1.7 41 (7e� Owners name : � o t Owners address: '82/ (L..-,% 114 ?V3 Phone: %7U %,W - Z 3 g5 (d)5 70 �iyS--,) zap (1,t)) Practical description of where property is located: N J/`l fB F /Jr •/c 7YJ,?, �i 2 tT/ /✓mac" l.. Sf(�te �>../ L� D � !✓ ��� t./�'f'i1� di tom/ iW e 4 /14' Fro '/, 2 ,1.- j 5 IP UT) ve O,) / 2//--- n � mock � /3r � 6:0o �, .� /c/i Lr�C �u �' > �~ I,Ir1Z/e t1iYJz/ N fj 2�i �, 4v S c �J C. icvli 1Present zoning:/ /1..�� Area: 2. Describe variance you are requesting: — p 7 Gt., A 7v'r/►F'-V- 3. Why do you feel that_ the variance should he granted: (refer Lo instructions, use additional pages if needed) �a 'l° /irk,/ )14e A./.77-/AL�/4th 74e, Csee /7 `/`t 4 '771 .. /4/ e/Yh- Gur�'S fes- lam/ (1580 54 &) eie $77, ro moi' Z s N/11.7 4r sem //� 4,t -e- /1.4.M7 4,v )70e_ 7,1tfir -/ i/ $%)) g Grp -� �T se&4,-✓ Dr �p,,.=,v. T�?lt C ' SY /�� 4 • • /(4 ve-- -"Ale 4.,..- 5 1 �C Q /-• 7 Ot-ic--- S/,� -4 747U,t/ A`'`,. 2,-- , ,4v : „ e. �� f. 7--4 (7 c ye97,1 4:-.-.. A -e-- /--4/ - e ilIZL, __--62 ,,,,,1-/f7e/te (1e?c 44-1. /11._-_('67)41/;i5/ SZ/by ( y 4 . List all property owners and the.i.r addresses within two hundred (200) feel: of property as listed in the County Assessor's office for which variance Is being requested. Copies of the Public Notice must be mailed to your neighbors by cep Li f_i.ecl..._ret:urn=rece.ipl:_r�±f.i_l. and the receipts presented at the hearing. —� 1oNv A. t AlAb.,r714k " pe,4. Jo P.f /4- .rd(/41.4e g yv 3 Z'(3 2o�� /llP,/ 4LsIle, cn fri6y7 df Grl 1u4), Q 'j'pr, f ), Co $160 Z- 5 . - 5. Describe water supply, sewage facilities, utilities, and access to property. (use additional pages if necessary) Afe.{.) iefti;e j5l�= .. sce 4Ae`Z-e8/ / vie[ Lv)'/' 4.0L�/��Ct_(.►� 5 /-444 /1_5 ,� tel/ ,-,,/ / 1 z9 2c 6 e( ei £7/ A:M flct/ 4`.5746/ ; i 1 6. Attach a map of legal sized paper or smaller drawn to scale showing all improvements (present and proposed) and all pertinent distances and area. Show all improvements on your property, and all neighbor's property within Lwo hundred (200) feet: of your. boundary. 7. The above information is correct to the best of my knowledge. • 1 1 (4. cfBO/ fS H`(11„/ • • Scott. 8Y0 em Sole 1:120 N qo E 19ao R78- • r, • t• 1 -1(,. rl l% ' t. r . a l .' l / P08 CVR. NO. 1 N.E.S. 53 MUM ('1 18' ROAD, U11/I/Y DR11N,1CF. /.5411: (SEE 7ARI F.) /NOUS£ F011MC31 T70 .1! DO - CI:N17RUNE. /WA 80,10 U11r11Y h DR11N1G1 MST./ENT llNE- I _- DNE'C1TON L N0/•4771 _ .-. . L2 N41 '49'00 iY Ai 5.5J'00 11' I4 -1;1;j7'0"-O'112.: LS N444"05'00' IL' 16 ._.._ NO0'07'00 E 17 N53112'U0'E 18 NJ6'S7'00 E L 1:-1.11. DE_ SCf IPlION /'OB 1?0A0,U71LI1Y /- dr DRAINAGE FSAII: rvj SCALE • r��,,:. ms's Ii151ANGl 158.,50' 50.40' 1oJ.00' 77.70' J5.70' 35.50' 1J9.90' 156.60' COR. NO. 9 53 FOUND 1 MOH .. POO tt, BOUNDARY LINT A parcel of land being a pare of llomestead Entry Siin»ey No. 53, situated in 145, f?9111' of the 6Th P.M. more parliculnrj' described as follows: /3eginning a1 a stone corner properly marked as Corner No. 7 of //.ES. No. 53, the /RUE POINT 01- thence f thence along the ii•esterly houndary of ARES. No, 53 N16--41.41"1: 432.63 foot; (hence /Baring said boundary line S80'47'27"F- 626.33 feel to the easterly boundary line o1" NES. No. 53; (hence mono the ea§ferly borrn4dr_y line S01'47.2rf. 5307.08 feet to Corner No. 9 of 11.ES. NO. 53; thence A175"24'00"11' 988.20 feel to Corner No. 1 of )/.[5. No. 53, the 74111- POINT Of RIGINNING COUNTY OF GARfll.l f) 5141/- OF COI.OR,1f10 IAII'ROl1EAILNT 10(.1i7JON C'FR11f7011E 1 I(E?EBY Cflillf Y" 71/11 71/15 lill'r011.MINT LOCATION CERT/IIC•ITF_ Hi1.5 I'REIHREU 1.08 C 1161/ Il IS NOT A IANU SURi'LY P1 Al OR I,III'l;r'lf.Alf:ivl S('RI/Y PIAT, AND 71117 11 15 NOT 70 RE R1.1.110 UPON 10/? 711E I-57;1111161 NNW (r IENCF, t41110/Nr", OR 0711/77 111711R E- /A101?OL.I]lf/N1 L/NE5. 1 1VRJ7/E1? CET71IY 11147 I71E IA1I'ROVIA1f_NTS ON INE- AII01.2. Uf5CIWf1E77 PARCH_ ON 71115 I) I i/; 1. I.;WEPT U711.17Y CONNECTIONS, AIM- FNIIRELY 11117/IN 711E fan UNI-L1r/1:.S 01 711E PARCE1, EXCE7'7 AS SHOWN. TJI4T 111I.:Rt_ A/7L NO LNCRC'1Cl/AfENTS UPON 771E- 1?ESCR/IJFD PI?F17ISES 17Y /A(PROYIR1EN75 ON ANY .11'/01N/NG MFM/SES EI'Cf.PT AS hVVICIIEIJ, ANL) ll/AT 711FrE. 15 NO APPARINT E17OENCE 01? SIGN Or ANY EASEMENT CROSSING 01? IWIRUFNINO ANY TART Or SAID PARC , INCEPT AS NO77 0. ` ,/ _ �4�a Zit/O/ S'IN. / S. 13.501 • if-Ercia—Nermermanrarrm L JW�� 477i . 14 174. .SY1l Celo1 dd4 #) (3a3) V0-- - 47 J �11I1'i�i 04 x/ N LOGIT7O,N AEgrArPeti ', •' --P-0/7710/V 7moN of II E. S, No. 5' tii. , 1?P 1 Wsr OF 77)E 677 . M. GAI Y AEI () COuNlY, COLORADO Ma: et,';3AB hwy. MAP 1 lectiNceN. K POINT 14 13 HADLEY P01NT Adjoining ' 1927 SCO11 MIINNIS 1313rS Ii I('1, fI1I1111A11(3 C01112,111 [F. (111 ftu11 S • • Coit rr.o of (Or V.Yititeb )t-(rtrt iboiiIYc of itcilt.r 'cntrltitirfs �7i114i1iII IoII, DOil 20515-.0003 August 21, ) 995 Mr. Glenn McCuen 434 Midland Mew Castle, Colorado Dear Mr. McCuen: 8.164`] WAST ZING I ON OFFICE: 315 CA1411014 211.111.0144 W AS1 111101011, LIC 30515 04103 13031 275 1161 fAX 13571 776 0677 (SIS111IC1 (IITIfE5. 171 WES 1 6 511120 1 1'01 0111.00 61601 11151 541 6100 1 n, 11191 511 P701 331 111)11111 1111 S 1111E 1 04 l /,1111 3 U 110 11002 00 61501 13031315-1101 1.0I( 11011 345 3154 111',11 8.15111 AVFNIIF 1117 (11111514110. [(1 61101 131111 359 7151 [5' 11111/350 7167 5311110E 01F111 sore 111 1,1(11W1100 51111100. rn 51601 13-011 770 05]1 Fn+. 111111076 0630 J. have recently received your request: for. assistance. 1 have asked Mrs. Lynne Kerst, my Area Representative Glenwood Springs, to look .into this matter.. Stie will your caseworker and wi l 1 process your case as quickly possible. in he as Please fill out the enclosed Authorization Form gom12.eeiy and return to my Glenwood Spri nqs Office. 1 cannot accept a facsimile copy. Federal agencies will not respond to my inquiry on your behalf without ,this completed form. P1eas4 include a .letter of explanation addressed to me, and copies of any additional pertinent correspondence you feel is required. Lynne wi11 contact you as soon as possible with her findings or to obtain more detailed information. We will work closely with you and any federal. agency .in an effort to achieve an agreeable resolution to your current situation. Thank you for contacting my office. 1 appreciate the opportunity to he of service to you. If you have any questions or concerns in the interim, please do not hesitate to contact Lynne Kerst in Glenwood Springs at 970 928-0637. Sincerely, Scott McInnis Member of Congress SM/pmb FMC 1111111110,111ll-r1I11,1 61111 August 20,1995 Glenn Mc('ucrr 434 Midland New Castle, CO 81617 11.5, i)eparlrnern of interior Bureau of Land Management Attention Mr. Rtichael S. Ivlollice, An ca Manager (ilenwood Springs Area Resource (Mice P.O. Box 1009 (ilenwood Springs, CO 81602 It.N: 4399 County Road 243 Dear Mr. Michael S. Motticc This follows our meeting of August 21, I905, Per Your request, I am enclosing n copy of the survey that was generated by Mr. Richard L. l folsan, a registered land surveyor. The survey suggest that IIIc southern most coiner of any foundation is 4_47' over my property line and encroaches land owned by the United Stales As I explained to you during aur meeting, I prepared a site plan required by the Garfield County Building and Planning Department The site plan was (trailed by myself. The site plan that 1 provided you on August 23, 1995, placed my home 39 5' within my boundary line. I made an error %viten I drafted the site plan by using the southeast corner as a starting point when I should have used the southwest corner instead. I made all honest mistake. When 1 First became aware of my error, 1 immediately halted ail construction and contacted Mr. l)an Sokal of your office. Mr. Sokal suggested that I move my Foundation. I then began researching the cost and feasibility of moving my foundation "1 Inc most feasible avenue 1 have uncovered is to tear up my foundation and excavate 44' 10 Ilse northwest. 11 is not possible 10 move the formdation in one piece 1 he cost associated with cutting the foundation in sections and splicing it hack together are greater tharr tearing it up and starling all over again The cosi associated with tearing tip and moving my foundation are as finllows 1. Demolition of existing foundation $ 184.0(1 2. filling and leveling existing: site 21)0.00 Hauling oITfoundalion debris 400.00 4. Preparing new site 88500 5. New Foundation 6 675,00 Total $8,644.0(1 1 he aforementioned cosi does not include (1111111) ices, cost associated wish re drafting blueprints, fees for re inspections required by the Garfield County Building and Planning I)epartnrent, or any other cost that may be unioreseen at this time • i Page'Fry() 11.S Department or Interior August 29,1995 As I explained during our meeting orAugusl 21, 1995, I currently have a construction loan with Miles !lorries. Due to my error, 1 have exhausted my foundation and site excavation budgets am willing to you today 10 risk if you %vi11 consider trading enough land That would place my current foundation within my required boundaries and within the 25' set hack required by the county. 1 estimate that 1 will need approximately 2,2511 square Biot of land to he in compliance will) the county requirements. 1 am willing to pay all cosi associated ‘villi this transaction I believe Ilial the cost of Trading an equal portion of land would be far Tess than tearing up my frnuulalion Winter is nearing and I would appreciate your consideration iii this mailer. Sincerely, (ilen) l Ic('ucn Iinclosures: Piebald I lolsan's survey Scan OW & Walker's Map 11111111 Y 11111, 111 • • t.Jnited Slates 1)cparinICl1t of the interior Glen McCuerr 434 Midland Mew Castle, CO 81647 Clear Mr. McCuon : WHAI OFI.ANI)rvIANAOF(\1FN] (7-880) (ilrtucnncl Swings I2c'suurc'c Anc.1 5(1629 11il;hwav 6 and 7'1 P.O. Box 1009 (11cntt'crc111 Sin in I , ('111411 Ilu 81611? September 5, 1995 We are in receipt.: of your letter. dated August 29,1995 concerning the inadvertent: placement: of a coiner of a foundation for your new hose on public 1 ►ndc. We realize that the ins ideal: wart ui'wi l l f+tl and 'lncroa::he . only 4.47 fent onto public: lead. We also understand that. Garfield County requires a 25 foot setback from the property line. We appreciate your early notification to us and your willingness to pay costs to resolve this matter. As you know, we talked with you several times, visited the sii:e, and talked with Lynn Kerst of Congressman Scott: Mclnni s's orrice about the situation. 1 know we have talked about the potential of exchange, sale, and lease to resolve the problem Aur] 1 have been considering those alternatives. The transfer of public land, into private ownership is a very involved process and would involve they following steps and approximate costs: 1. 13I.M appraisal: $1,006 to $2,000. 3. LII,M Cadastra1 Survey: $2,500 to $4,000. 4. Cultural Resource and 'l'Ilrecteaed & Endangered Plant Inventories: $500 Lo $1,000. 5. LlJ,M Administrative Costs (i1EPA documentation, Staff and Management: Review, Notice of Realty Action, Public: News Releasees, Title Review, Title Preparation, Records Notation for land Status and Survey): $3,000 to $5,000. 6. L''air market value of the land: For. 2,2.50 sq. ft. (.05 acre): $300. For a 50 ft. strip across the south boundary of your. property (50 ft. x 988.2 ft:.) or 1.13 acres;: $6,780. 'These estimates are based at the salve value as your 10 acres of property. In addition Lc, the cost involved, there are the problems of the amount: of time required and the redist:ribut:ion of our clrr.rent workload to process your proposal. [vers to prioritize your case, the amount of Lime needed to survey, conduct: an appraisal. publish a Ilotice of Realty Action (NORA) and provide for 1)1.11.);.. 1evi4iw wcrl.rci i:a i• a minimum c'r (1 months:. I would prefer not to Accept an application for land transfer or lease to you. based on the lack of public benefit derived from the transaction and the amount of time and involvement such a transaction would take even with you bearing the costs. Also, bear in mind that final approval of any transaction in uncertain, pending the outcome of. the IIEPA and public review process. In addition, as 1 have mentioned before, this would be inconsistent with our policy in resolving the current workload of simi.l.ar unauthorized uses. My recommendation is, that although your costs for removal of: structure seem high, 1 believe they would be lesser than your costs to the FILM and would provide,n finality to the situation that: to allows you to continue construction. however, if you really want to assume the risk, and liability involved in such an endeavor, we can continue to talk about i t . 1 have also decided not Co put ,11e the removal of the foundation or even the placement of 111e house rll to penalize you for it. .imply put, the unauthorized use of 4.47 feel onto plrblic land does not: warrant: any further action on our part:. The liability for such encroachment however, will. always remain with the landowner and would most likely encumber any future action for disposition of the subject house. The transfer of public lands would not be possible at any time in the future either. As you see, the small amount of public land you are requesting cannot be easily conveyed or "quit claimed" to you. The process and costs we have described to you are based on our past experience with exchanges and leases. The average time in processing an exchange has been 2 years. Even without the processing costs, the land cannot be sold for less than fair market value which would be based on the purchase price of your property and other comparable sales which would be close to $6,000 per acre. Overall then, it seems to me that with the costs and the time involved for you to "cure" the problem, the reasonable solution would be to remove the foundation and rebuild wi th the proper set backs on your. land. Please ]et nue know your decision. 1: 1i 1' 4-2 Sincerely, dola, t ) I e Michael S. MoLLice Area Manager. • • September G, 1995 Glenn McCnen 434 Midland New Castle, CO 8164? U.S. Department of Interiof Bureau of Land Managc►ucni Attention Mr. Michael 6/lattice Glemvoocj Springs Resource Arca Office P.0j3K 1009 yI ►!•;'rv'ood Springs, CO R Ili{12 RE: 4399 county road 243 I)car Mr, h4ichacl Mot1icc: This will serve to acknowledge yours dated September 5, 1995. Dining our !tip to and from my pioperly an Main Elk Creek you and I did talk about the potential of exchange, sale, and lease to resolve my current problem, You also indicated that if you expedited the matter it could still lake np to four weeks before the transaction could be made. I have about eight more months before I will need permanent financing for my properly. Yonr decision to not pursue the removal of my foundation from public I ,i►ds k a kind gesture, (however, I may not be able to obtain permanent financing in This situation 1 would like In know more ahoin the rcquircmcnls you have outlined in your correspondence. Arc all of the surveys, appraisals, and studies required in this situation? I ant even more interested now in (canning wltal I can abot►t Ilio issue at hand as 1 have taken on the risk of building my home knowing that your will not pnrsuc 1Iic removal of my foundation. I would like you to consider moving forward with my request to buy lie .05 acres of land. Please let me know %vliat 1 need to do to move this natter frit wind. Sincerely, Glenn Mc('ucn cc: Lynne Kers! • September 6. 1995 Glenn McCuicn 414 Midland New Castle, CO 81647 ll.S. 1)epaitntcnl of Interior Bureau of Land Management Allcnlion Mr Michael Mollicc Glenwood Springs Resource Area Office P.O. f3ox 101)9 Glenwood Springs, CO 81602 RIi: 4399 county road 2.13 Dear Mr. Micliacl Mollicc: This will serve to acknowledge yoilu$ dated Scptcrnbci S, 1995. During our trip to and from my property on Main F.Ik Creek you and I did talk about the potential of exchange, sale, and lease 10 resolve my current problem. You also indicated that if you expedited the matter it could still lake up to four weeks before the transaction could be made. 1 have about eight more months before( will need permanent financing for my properly. Your decision to not pursue the removal of my fouruhrlion from publi !ands is a kind gesture, however, I may not he able to obtain permanent financing in this situation. 1 would tike to know mole about the requirements you have outlined in your correspondence. Arc all of the surveys, appraisals, stud studies required in this situation? I ain even more interested now in learning wliat lean about the issue at (rand as 1 have taken on the risk of building lily home knowing Ihai you 1vi11 not pursue the removal of my foundation. 1 would like you to consider moving forward ww ith my request to buy the .05 acres of land. Please let nuc know what 1 need to do to move this matter forward Sincerely, Glenn McCucn cc: Lynne Kcrst IIl 1111'11' 1111111 til • United Stales Depart mein (f (he Interior III MEM I OF I.ANI) n.IANAGF.NIFNrr (ilcnlc11011 Spiirlgs Resnrlrt'c Arca 5i)(i21) 1liglrway f, and 2,1 P.O. Ilex It1(11) (ilenweecl MIK C elniach1 Ri(I(12 September 12, 1 9 94; Glen McCueli 434 Midland New Castle, Colorado 81647 9230 (7-880) Dear Mr. t4 Cuen: This letter is in response to your FAX oC September 9, in answer to my letter of the sain' dile to yee The date of your FAX indicated that you had not yet received the signet{ version of: my letter, no perhaps you had root: had rt chance Io fully consider its Cl',,rlt..eli( ;. severr1J po ets 1;1 titch.. letter emphasized and clarified. 1) My decision to not persue removal of your foundation should in no way be interpreted AS an authorization of your construction. In fact, a subsequent Bureau of hand Management manager could decide to request the removal. 1 ant not pursuing the removal of your foundation a1 this time because of limited st:affi.rig and the minimal leve] of impact. to public is lands. 2) Wlii le 1 believe the encroachment. was Inadvertent and thus non -willful, continuation of the .ncrurrchrnsnt must be considered willful which could make yoil liable for a penalty assessment es well as costs of removal at some future date. 3) 1 would prefer not: to accept an application from you because of the excessive amount: of staff time required given the limited public benefit, the hiclli cont LO you, and the possibility that your application might still be denied. 4) The reference in my letter tc. .05 acre was simply to contrast the physical ericroachment and its value with the actual acreage you would he expected to purchase, arse, 1.13 acres, and its value, $6,780. As I discussed with you in the field, the smaller acreage is not an option because it would make for a (.Il1ising boundary line. Also, such a small addition to veer p npert:y :is Desi: a reasonable long-term solution Le your problem given 1:he likelihood th:1t yc•u or future owners could make the same, si:i.:,to;:_• again aril encroach further on LI.11 {arra with your ]awls and other potential improvements in the immediate vicinity of your liomesite. 5) Our estimate of the cost to you of any transfer is between $14, 000 and $18,000. As T said in my previous letter, given the costs anticipated, the time required and 1.he anter taint:y involved in an application, n, the reasonable solution seems 1 o he to I r4inovO the foundation and rebuild with the proper setbacks. cc: Lynne Kcirst Sincerely, / / 1' q± Michael S. Mot.Lice ;treit Manager • • September 13, 1995 Glenn McCucn 43,1 Midland New Castle, CO 81647 ('otigressman Scott R4cinnis Aucntion: Lynne Kers' 526 Pine Street Glenwood Springs. Co 81601 RE: 4199 Comity Road 2,13 Dear Lynne Kersl: I am in receipt of a later from Mr. Mollice dated September 12, 1995, Mr. Mottice has apparently carbon copied you en Ilio letter, however, I ain enclosing Iris letter in the event you have not yet received your copy. I must say dud 1 have apparently misinterpreted Mr. Mollice's previous letter. I understood (hal The I)urean Of Land Management .vorild not he pursue Ilio removal of my foundation. I interpreted this lo mean that I could move forwr.r,: with no worry !hat I would be pursued by the Bureau Of I.and Management. Mr. Mott ice is now clarifying his previous correspondence by saying that he would not pursue are for what I have done, but I should not be moving forward with the construction as he would consider this action as willful and lie further Ihreaieiis me with liability and possible penalties. I am shocked by Mr. Mouicc's letter. Ile has now made tiinrsclf quite clear. 11 appears INTI he is not only unwilling to work +vi1h us, but he is trying 10 make ii as hard as lie possibly can to prevent us from involving him in this mailer. The cost onllined in Mr. Mottice's leper are astronomical. I only need $300 00 worth of bund to remedy my silnation. Why should Ilre Iransaclion cost between $14,000.00 and .$18,000.00? Fvcryone that I have spoken lo about this issue, including lawyers, tell me that Mr. Mollice is being very unreasonable I realize (hat I did make n mistake 1 also called off my excavator in hopes that Mr. McInnis could help. 1 feel that I have been somewhat misdirected by Mr. Moltke and have only moved deeper into a (tole ll►al 1 can not climb out of. 1 am begging you to involve Congressman Scall McInnis in This matter. I can not afford lo move forward and l can not afford to move backwards al this point. I need Mr. McInnis' help. Sincerely, Glenn McCnen Enclosure: I)I.M letter of September l2, 1995 • • , _c)r n n I.41,-,,,, 1..��7,- ! 7L! ('11� (�-v�YJ� �CrYcY „,-+--,j J I/ /1 ..)--.0.-,-------41--y." L-& ' P u G,-vlr- �_G- et . (1.5-1—,..4 6:11 C' [rc,--e-. co—Y-d (..° LJ) /(J 'p--,__ I. (i U. S. Dnpnrtmont of the Interior Bureau of Lend Mennpomonl Glenwood Springs ffosource /loos MICHAEL S. MOTTICE ArosMenagar 60629 Ifiplrway 6 & 24 P. O. Box 1009 Glenwood $prions CO 01601 -• (303).945-2341 q((C - ) 3cl, • • September 25, 1995 Glenn McCuen 434 Midland New Casllc, CO 81647 Congressman Scott Mcinnis Attention: Lynne Kcrsi 526 fine Slice! Glenwood Springs, Co 816th RE; 4399 Comity Road 243 Dear Lynne Kersl: On September 25, 1995, 1 spoke with Mr. Mark Morse, District Manager for the Bureau of Lancl Management. We discussed my problem in depth. Mr. Morse indicated that the normal process for selling land Io the public is as tvlr. Mortice described, bolls cosily and lime consuming. Mr. Morse explains that it would probably lake as long as 1R mo'rel's and could cost as much as Mr. Molliee Inas quoted. 1 also discussed with Mr. Morse the Small Traces Act. Mr. Morse was trot very familiar will' this act as it relates to the National Forest Service which is handled through the Department of Agriculture. So, ! read to Mr. Morse a portion of 'Tracts Act as it relates to my problem. The section 1 read to Mr. Morse reads as follows. . (Title 16 United Stales Code Service section 521c. Small parcels and road right-of-ways) The National Forest System lands %viiich may be sold, exchanged, or interchanged under this Act are those the sale or exchange of which is not practicable under any other aulhorily of the Secretary, which have a value as determined by the Secreiary of not more than $150,000, and which are --- (2) parcels of len acres or less which arc encroached upon by improvements occupied or used under claim or color of title by persons lo %shout no advance notice was given that the improvements encroached or would encroach upon such parcels' and %t'Iro in good faith relied upon an erroneous survey, tills search, or other laud description indicating that there was not such encroachment; Mr. Morse explains that the I3urcan of Laud Management is handled by the Department of Interior and they have a separate set of guidelines as opposed to the National Forest Service. Mr. Morse further explained that the requirements outlined by Mr. Mottice, however, he would check and see if Iherc were any other alternatives and gel back with rue. Mr. Morse was not optimistic though, Willi respect to the differences between hors the I31.M and National Forest Systems sell, exchange, or interchange lands, Mr. Moise suggested Ilial I ask my congressman. believe that portions of the Small Tracts Act were generated because of silnations similar to mine. Wiry doesn't Ilic 131.M have this same Act in it's guidelines? Why the difference in how government lands are conveyed? Can 1 do anything to change this? Sincerely, Glenn Mc('nen • • CONSERVA'T'ION '1'IVES erred to in this 3-519, 521, 552 USCS Tables r lo purchase or Ile Congress in its of expenditures for trc may not hereaf- ange relating to the pes of lauds which cservation Commis - 'tailed report of the s submitted to the es and the Commit - and Forestry] of the li such committees. plat the land should .ed by the Secretary and c value pursuant to ul Management Act ,ng. 20, 1988, P. L. c: I'i V I?S .1cslry" were M- iles of the Senate, the "Committee cd Feb. 4, 1977, Forestry of the inure, Nutrition, titter, substituted after "price;"; in and added para. NAfIONAI. FORESTS 1 16 USCS § 521d Transfer of functions: Act Oct, 22, 1976, P. L. 94-588, § 17(a)(1), 90 Stat. 2961, abolished the National Forest Reservation Commission and transferred its functions to the Secretary of Agriculture. § 521c. Definitions That for purposes of this Act --- (1) the term "person" includes any Slate or any political subdivision or entity thereof; (2) the term "interchange" weans a land transfer in which the Secretary and another person exchange titles to lands or interests in lands of approximately equal value where the Secretary finds that such a value de- termination can be made without a formal appraisal and under such regulations as the Secretary may prescribe; ancl (3) the term "Secretary" means the Secretary of Agriculture of the United Stales. (.Ian. 12, 1983, P.L. 97-465, § 1, 96 Slat. 2535.) HISTORY; ANCILLARY LAWS ANI) DIRECTIVES IVES References in text: "'This Act", referred 10 in this section, is Act Jan. 12, 1983, P. L. 97-465, 96 Stat. 2535, which appears generally as 16 USCS §§ 521c-52Ii. For full classification of this Act, consult USCS Tables volumes. CROSS REFERENCES This section is referred to in 16 USCS §§ 521e, 521f, 52Ig, 52111, 521i; 43 t 1SCS § 1716, § 521d. Sale, exchange or interchange of National Forest System land The Secretary is authorized, when 11hc Secretary determines it to be in the public interest ---- (I) to sell, exchange, or interchange by quitclaim deed, all right, title, and interest, including the mineral estate, of the United States in and to National Forest System lands described in section 3 [16 USCS § 521 e]; and (2) to accept as consideration for the lands sold, exchanged, or inter- changed other lands, interests in lands, or cash payment, or any combina- tion of such forms of consideration, which, in the case of conveyance by sale or exchange, is at least equal in value, including the mineral estate, or, in the case of conveyance by interchange, is of approximately equal value, including 11he mineral estate, to the lands being conveyed by the Secretary. The Secretary shall insert in any such quitclaim deed such terms, convenanls [covenants], conditions, and reservations as the Secre- tary deems necessary to ensure protection of the public interest, including protection of the scenic, wildlife, and recreation values of the National 251 1 • 16 USCS § 521a CoNsILRvA'rIoN NATIONAL Fon: Transfer of ful iiigionv; ANCILLARY LAWS AND DIRECUIVES References in text: National Fore - "The Weeks Act of March 1, 1911 (16 Stat. 961)", refeired to hi this the Secretary I section, is classified generally to USCS §§480, 500, 513-519, 521, 552 and 563. For ftill classification of such Act, consult USCS Tables volumes. Agriculture prior to t11rcltasc Or That for purposes § 52ih. Report of Secretary of A(, ' !(1) the term "i - exchange of land; contents; waiting period entity thereof; For purposes of providing information that will aid the Congress in its (2) the term "is oversight responsibilities and improve the accountability of expenditures for and another p the acquisition of forest land, the Secretary of Agriculture may not hereaf- approximately ter [Oct. 22, 1976j enter into any land purchase or exchange relating to the termination cal National Forest System of $150,(X)0 or more for the types of lands which . regulations as t have been heretofore approved by the National Forest Reservation Commis- (3) the term "S- sion until after 30 days from the chic uponwhich a detailed report of the States, facts concerning such proposed purchase or transfer is submitted to the (Jan, 12, 1983, P. Committee on Agriculture of the !louse of Representatives and the Commit- tee on Agriculture and Forestry ]Agriculture, Nutrition and Forestry" of Ilse s MIST Senate or such earlier time as may he approved by both such committees' References In Such report shall contain at least the following: '` "'This Act", r- (1) guidelines utili-zed by the Secretary in determining that the land should 96 Stat. 2535 be acquired; ii full classificat (2) the location and size of the 1- id; (3) the purchase price of the land and the criteria used by the Secretary This section is in determining such price; ° USCS § 1716- (4) the person from whom the land is being acquired; and (5) any adjustment made by the Secretary of relative value pursuant to § 521d. SAIF, section 206(f)(2)(1-1)(ii) of the Federal Laird Policy and Management Act "'It land of 1976 (43 U.S.C. 1716). (Oct. 22, 1976, P. L. 94-588, § 17(b), 90 Stat. 2962; Aug. 20, 1988, P. 1... i' The Secretary is 10X1-409, § 6, 102 Stat. 1090.) public interest--- (1) to sell, excl HISTORY; ANCILLARY 1.,1WS AND DIRECTIVES interest, incluc Explanatory notes: National Pore The bracketed wor(Is "Agriculltire, Nutrition wul Forestry" were in- serted on the authority of Rule XX V of the Standing Rules of the Senate, (2) accept amended by Senate Resolution 4 (popularly cited as the "Committee(2)changed other System Reorganization Amendments of 1977"), approved Feb. 4, 1977, which abolished the Committee on Agriculture and Forestry of the F ;';:. Lion of such f• Senate and replaced it with the Committee on Agriculture, Nu1rilion, sale or exchan and Forestry of the Senate, effective Feb. 1 1, 1977, ;Y.sr; `', or, in the cos..: Amendments: %; value, includit }, Th 1988. Act August 20, 1988, in the introductory matter, substituted r , Secretary.terms, CTh- "S150,(X)0" for "1;25,00)"; in para. (3), deleted "and" after "price;,'; in / para. (4), substituted "; and" for a concluding period; and added para. :.',,' tary deems Iter (5) protection of 250 25 - 16 USCS § 521d CoNsERVAT1oN Forest System and provision for appropriate public access to and use of lands within the System. "I'Ire preceding sentence shall not be applicable to deeds issued by the Secretary to lands outside the boundary of units of the National Forest System. (Jan. 12, 1983, P. L. 97-465, § 2, 96 Stat. 2535.) HISTORY; ANCILLARY LAWS AND DIRECTIVES Explanatory notes: The bracketed word "covenants" was inserted in para. (2) as the word probably intended by Congress. § 521e. Small parcels and road right-of-ways `Ihe National Forest System lands which may be sold, exchanged, or interchanged under this Act are those the sale or exchange of which is not practicable under any other authority of the Secretary, which have a value as determined by the Secretary of riot more than $150,000, and which are— (1) parcels of forty acres or Tess which are interspersed with or adjacent to lands which have been transferred out of Federal ownership under the mining laws and which are determined by the Secretary, because of loca- tion or size, not to be subject to efficient administration; (2) parcels of ten acres or less which are encroached upon by improve- ments occupied or used under claim or color of title by persons to whom no advance notice was give', that the improvements encroached or would encroach upon such parcels, and who in good faith relied upon an erroneous survey, title search, or other land description indicating that there was not such encroachment; or (3) road rights -of --way, reserved or acquired, which are substantially surrounded by lands not owned by the United States and which are no longer needed by the United States, subject to the first right of abutting landowners 10 acquire such rights-of-way. (Jan. 12, 1983, P. L. 97-465, § 3, 96 Stat. 2535.) HISTORY; ANCILLARY LAWS ANI) I)IRECI'IVES References in text: "This Act", referred to in this section, is Act Jan. 12, 1983, 1'. L. 97-465, 96 Stat. 2535, which appears generally as 16 USCS §§ 521c -521i. For full classification of this Act, consult USCS "rubles volumes. ('ROSS RI?.II;RENCES This section is referred to in 16 USCS §§ 521d, 5211r. § 521f. Costs of conveyance and valve of improvements Any person to whom lands are conveyed under this Act shall bear all rea- sonable costs of administration, survey, and appraisal incidental to suck conveyance, as determined by the Secretary. In determining the value of any lands or interest in lands to be conveyed under this Act, the Secretary may, 252 -z4 NATION. in those interest, e. the lands road right of -way is improvem United St, determine- person etermineperson of reimburs. otherwise (Jan. 12, 1 Refer "This 96 St full cI § 521g. Conveyan( as permit ti road or ot. and under (Jan. 12, 1 Refer "This 96 Sta full cl, § 521h. The Secret= including s (1) trite! constitut (2) the equal val (3) factc connecter changed (Ian. 12, 1' • • 43 USCS § 677 PU131.IC LANDS SALE AND Di Other provision; Savings provisions. Act 1)ec. 16, 1930, ch 14, § 2, 46 Stat. 1029, provided that rights or liabilities existing under this section on Dec. 16, 1931), are not affected by ibis repeal. §§ 678-682. [Repealed] 11ISTO12Y; ANCILLARY LAWS ANI) DIRECTIVES These sections (§678---R. S. § 2357; §§ 679, 680 -Act June 15, 1880, ch 227, §§ 3, 4, 21 Stat. 238; § 681 --Act Mar. 2, 1889, ch 381, § 4, 25 Slat. 854; § 682 ---Act Mar. 1, 1907, ch 2286, 34 Stal. 1052) were repealed by Act Oct. 21, 1976, P. I.. 94-579, Title VII, § 703(a), 90 Stat. 2789, effective on and after Oct. 21, 1976, as provided by § 703(a) of such Act. They provided for the price of public lands offered for sale; provided for the price of alternate sections of railroad lands offered for sale; excepted former 43 USCS § 679 from application to sale of mineral lands; provided for the price of forfeited railroad lands and lands adjacent to railroad lands and; authorized and set price of public lands sold for cemetery purposes, respectively. Other provisions: Savings provisions. Act Oct. 21, 1976, P. L. 94-579, Tills VII, § 70I(a), 90 Stat. 2786, located at 43 USCS § 1701 note, provided that these repeals shall not be construed as terminating any valid lease, permit, patent, right-of-way, or o!1...r land use right or authorization existing 00 Oct. 21, 1976. § 682x. Sale or lease of small tracts for residence, recreation, business, or contrnuriity site purposes [Caution: for partial repeal, .see Other provisions note] The Secretary of the Interior, in his discretion, is authorized to sell or lease to any person or organization described in section 3 of this Act [43 USCS § 682c], a tract of not exceeding five acres of any vacant, unreserved public lands, public lands withdrawn by Executive Orders Numbered 6910 of November 26, 1934, and 6964 of February 5, 1935, for classification, or public lands withdrawn or reserver) by the Secretary of the Interior for any purposes, which the Secretary may classify as chiefly valuable for resi- dence, recreation, business, or community site purposes, if he finds that such sale or lease of the lands would not unreasonably interfere with the use of water for grazing purposes nor unduly impair the protection of watershed areas, in reasonably compact form and under such rules and regulations as he may prescribe, at a price to be determined by Mini, for such use: Provided, That no land niay be sold hereunder unless it has been surveyed. No person or organization shall be permitted to purchase or lease more than one Tract under the provisions of this Act [43 USCS 726 l'"1".25:00 §§ 682a --682e], tory to the Sect (June 1, 1938, 467; June 8, 19 111: Explartator; Provisions June 8, 195 Amendment 1945. Act any empIc; not withstan tory, purch- business sit this Act all: 1954. Act 3 "The Secre lease, to an the age of who has til required by of any vac land wlthd other purr - Numbered for classific a home, ca: in reasonab may preset Provided, any survey shall be pe sions of l;r satisfactory under the United Staff the right 1 regulations employee notwlthsta, Lary, purcl• business sit Other pro. Partial rep Stat. 2787, the date of effective da PubLie LANii , §2, 46 Stitt. 1029, pis section on Dec. 16, I I RECTI VES --Act June 15, 1880, 1889, cit 381, §4, 25 34 Stat. 1052) were tle VII, § 703(a), 90 provided by § 703(a) .Tic lands offered for is of railroad lands from application to -feited railroad lands red and set price of v. Title VII, § 701(a), provided that these valid lease, permit, iIhorization existing esidence, recreation, Itorized to sell or lease of this Act [43 USCS :ant, unreserved public -s Numbered 6910 of , for classification, or of the Interior for any 2fly valuable for resi- }oses if he finds that bly #1lIlkhfere with the •air the protection of Inder such rules and termined by hire, for der unless it has been itted to purchase or this Act [43 USCS SALE ANI) DISPOSAL OP PUBLIC LANDS . 43 USCS § 682a §§ 682a -682e), except upon a showing of good faith and reasons satisfa tory to the Secretary. (June 1, 1938, ch 317, § 1, 52 Stat. 609; July 14, 1945, ch 298, 59 Stat. 467; June 8, 1954, eh 270, 68 Stat. 239.) 1USTORY; ANCILLARY LAWS AND DIRECTIVES Explanatory notes; Provisions contained in this section prior to the amendment by Act June 8, 1954, are now contained in 43 USCS §§682b -682d, Amendments: 1945. Act July 14, 1945, substituted "prescribe: Provided further, That any employee of the Department of the Interior, stationed in Alaska, notwithstanding such employment, may, in the discretion of the Secre- tary, purchase or lease one such tract in the Territory of Alaska,. except business sites, under this Act" for "prescribed: Provided further, That this Act shall not apply to any lands in the Territory of Alaska": 1954. Act June 8, 1954, substituted new section for one which read: "The Secretary of the Interior, in his discretion, is authorized to sell or lease, to any person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who has filed his declaration of intention to become such a citizen, as required by the naturalization Taws, a tract or not exceeding five acres of any vacant, unreserved, surveyed public land, or surveyed public land withdrawn or reserved by the Secretary of the interior for any other purposes, or surveyed lands withdrawn by Executive Orders Numbered 6910 of November 26, 1934, and 6964 of February 5, 1935, for classification, which the Secretary may classify as chiefly valuable as a home, cabin, camp, health, convalescent, recreational, or business site in reasonably compact form and under such rules and regulations as he may prescribe, at a price to be determined by him, for such use: Provided, That no tract shall be sold for less than the cost of making any survey necessary to properly describe the land sold; That no person shall be permitted to purchase more than one Tract under the provi- sions of this Act, except upon a showing of good faith and reasons satisfactory to the Secretary, and that patents for all tracts purchased under the provisions of this Act shall contain a reservation to the United States of the oil, gas, and other mineral deposits, together with the right to prospect for, mine, and remove the same under such regulations as the Secretary may prescribe: Provided further, That any employee of the Department of the Interior, stationed in Alaska, notwithstanding such employment, may, in the discretion of the Secre- tary, purchase or lease one Such tract in the Territory of Alaska, except business sites, under this Act.". Outer provisions: Partial repeal. Act Oct. 21, 1976, P. L, 94-579, Title VII, § 702, 90 Stat. 2787, provided that this section is repealed effective on and after the date of approval of this Act (approved Oct. 21, 1976), except the effective date shall be on and after the tenth anniversary of the date of 727 • • 43 USCS § 682a PUBLIC: LANDS approval of this Act insofar as this section applies to public lands in Alaska. Savings provisions. Act Oct. 21, 1976, P. L. 94-579, Title VII, § 701(a), 90 Stat. 2786, located at 43 USCS § 1701 note, provided that nothing in Act Oct. 21, 1976, shall be construed as terminating any valid lease, permit, patent, right-of-way, or outer land use right or authorization existing on Oct. 21, 1976. CODE 01' FEl)111A1. REGULATIONS Nondiscrimination in federally -assisted programs of Department of Interior; effectuation of "title VI of Civil Rights Act of 1964, 43 CFR fart 17. Small tract, 43 CFR Part 2730. § 6826. Minimum selling price; reservation of mineral rights [Caution: for partial repeal, see Other provisions note] No tract shall be sold for less than the cost of making any survey necessary to describe properly the land sold. Patents for all tracts pur- chased under the provisions of this Act [43 USCS §§ 682a --682c] shall contain a reservation to the United States of the oil, gas, and all other mineral deposits, together with tate right to prospect for, thine, and remove the sante under applicable law and such regulations as the Secretary may prescribe. (June I, 1938, ch 317, § 2, as added June 8, 1954, ch 270, 68 Stat. 239.) HISTORY; ANCILLARY LAWS ANI) DIRECTIVES Explanatory notes: Provisions similar to those contained in this section were formerly contained in 43 USCS § 682a. Other provisions: Partial repeal. Act Oct. 21, 1976, P. L. 94.579, 'Title VII, § 702, 90 Stat. 2787, provided that This section is repealed effective on and after ; , . Explanatory the date of approval of this Act (approved Oct. 21, 1976), except the Provisions s effective date shall be on and after the tenth anniversary of the date of 43 USCS § approval of this Act insofar as this section applies to public lands in Alaska. Savings provisions. Act Oct. 21, 1976, 1'. 1.. 94-579, Title VII, § 701(a), 90 Stat. 2786, located at 43 t.JSCS § 1701 note, provided that nothing in Act Oct. 21, 1976, shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on Oct. 21, 1976. CODE OF 1'E1)F,RAL REGULATIONS Nondiscrimination in federally assisted programs of the Department of the Interior -effectuation of Title VI of the Civil Rights Act of 1964, 43 CFR Part 17. SALE AND DIS This section is Forms: 15 Am Jur 1 Law Review Mall, Feder; Reeves, Th, Rev 333, 19 Rudd, Who Changing 109, 1975. § 682c. Quail [Caution: for pa A lease may be 682e) to any of United States, i citizen as requi association, eaci or has fled a d tion, including United States, c business in the Territory, munii (June 1, 1938, ct H1S 728 00... 247 Other prowl - Partial rope Stat. 2787, 1 the date of effective dolt - approval of Alaska. Snvings pro 90 Stat. 278 in Act Oct. permit, pate existing on PUIILIC LANA 1 to public lands in ft , Title VII, § 701(a), ovided that nothing ding any valid lease, tin or authorization ONS )eparlment of Interior; CFR Part 17, mineral rights If making any survey pts for all tracts pin - 'S §§ 682a-682eJ shall oil, gas, and all other for, mine, and remove as the Secretary may 270, 68 Stat. 239.) 't ECTIVES ion were formerly ille VII, § 702, 90 active on and after 1976), except the nary of the date of to public lands in Title VII, § 701(a), Tided that nothing lig Valid lease, t oiatitliorization NS Department of the ,ct of 1964, 43 CFR ih. SALE AND DISPOSAL Or Punuc LANDS 43 USCS §-613 CROSS REFERENCES This section is referred to in 43 USCS §§ 682c, 682d, 682e, 869. RESEARCII GUH)E Forms: 15 Am Jur Legal Forms 2d, Public Lands §§212:14, 212:15, 212:16.1, Law Review Articles: Mall, Federal Mineral Reservations. 10 Land & Water L Rev 1, 1975. Reeves, The Meaning of the Word "Minerals". 54 North Dakota L Rev 333, 1978. Rudd, Who Owns Alaska? Mineral Rights Acquisition Amid Rapidly Changing Land Ownership. 20 Rocky Mountain Mineral Law Institute 109, 1975. § 682i. Qualifications of lessees and purchasers . [Caution: for partial repeal, see Other provisions note] A lease may be issued or a sale made under this Act [43 USCS §§ 682s_ 682eJ to any of the following: (a) An individual who is a citizen of the United States, or who has filed his declaration of intention to become a citizen as required by the naturalization laws; (b) a partnership or an association, each of the members of which is a citizen of the United States or has filed, a declaration of intention to become a citizen; (c) a corpora- tion, including nonprofit corporations, organized under the laws of the United States, or of any State or Territory thereof, and authorized to do business in the State or Territory in which the land is located; (d) a State, Territory, municipality, or other governmental subdivision. (June 1, 1938, ch 317, § 3, as added June 8, 1954, ch 270, 68 Stat. 239.) HISTORY; ANCILLARY LAWS AND DIRECTIVES Explanatory notes: Provisions similar 10 those contained in Ibis section were contained in 43 USCS § 682a. Other provisions: Partial repeal. Act Oct. 21, 1976, P. 1. 94-579, Title VII, § 702, 90 Stat. 2787, provided that this section is repealed effective on and after the date of approval of this Act (approved Oct. 21, 1976), except the effective date shall be on and after the tenth anniversary of the date of approval of this Act insofar as this section applies to public lands in Alaska. Savings provisions. Act Oct. 21, 1976, P. L. 94-579, Title VII, § 701(a), 90 Stat. 2786, located at 43 USCS § 1701 note, provided That nothing in Act Oct. 21, 1976, shall be construed as terminating any valid lease, permit, patent, right -of way, or other land use right or authorization existing on Oct. 21, 1976. 240.moss 729 • • 04 20 9) 14:17 11470 DI) 8144 LARRY CRRRN 011,4 for ,e.,,,d tea doy 0l __—.1.h. I. ot_,,,.. Rec+ption---- es-rmr,etrrx i;aA,FSihm= Pe. QUIT CLAIM DEM) THIS Diann , Undo this (NY el June 21, 1905 1�idiA 6EYWR of frit r'► ie. a rr .,.I State of o`clul 11. 01 h1Irit art rd n .. t; iIhil r/ I N D rally hu11IG]ir rr MCxi O, AR/7 1 f fi]'ri 100012 putr7+MFtI iti7}rY. ittOOPENEIR'10 f1t11412 1Aa0C Liget .dd-ro.: Ir 4361 N1(1.Iand , New Ca.l.e CO 81647 •1 fila Courtly If 0.61 ft.Le of OolKOdt, Of chi Second per 1111161$* TH, whet the enid fnrty et the lire[ part, for sod In r.analdcratlen of 1M Sun e1 >r1A 00 TEH D0i7.11PS 14 too SOId p.rt(Iea) of low 14AI part in hand gold by the eeld p.((0•4] of the Seep -d port, the receipt Jrert 1 L. here' by e46f6t11d and ckr ,lr1Ur.1, Iva rnal6ed, WOW, ..td canrcyed .rel *Ulf CIAII470, pod by that, prem[, '101.0 re.viol, t1IC0 C. 1111, COOWY wed 1JI1 r0AIN .010 (he WO p*rt(1.1) of the .ernvi },nrt, 1t0,lrl ftClfE, Iuec Se lore ud yse l*nA, t ercver, et1 Ll. rl H 'lilt Interco!, ultra Ind Ind dor d ditch Ir .ehl+r.rt(les1 61 the flrot corL hate) In end In the 1*ItowlM tleSCrll..rd tot v. I...r.l of land situate, tying and Wog In ihw 'Aunty e} (iKfil`(1'TI] am ' of Catarrh, 4„ stir Y11R WELL [.1:x.....i11 1111 I'llnl.u: LAMA EAST OP T1IE PROPERTY WEIICB LAS pu11,1.r'H ItU1 1;II:, CAVANAUCH, Ttr.:I.:T ll'ff 141111 ANY A00 ALL WATER ASID WATER RIONTS IN AND TO .1 Iv I;Af" !; .r.l-I Ai(D, ANY AND A1.1. WATT lI 11 11;11•rh HT ,'1URIGALLY USED ON OR ASSOCIATED WITi1 'x111: I'lln[ Lu 1V , T1oCLUDING, HUT NOT I,IHI.1'1:11 ill, r1, 07131 CUBIC FELT OF }TATER PER SECOtiD (11."1.1m fHttl THE CLINETOP DITCLI PRlnurI'v 1/11. MPH IN WATER DIVISION 5. CARFIELD COUNTY 0411.111+41H0. AN EASEMENT AND RIGHT—OF—WAY 10 Hive i 1., wI H'I'LL (A/RR Anu ACROSS PARCELS OF LAND 1+ORTHJLWLY OF TH8 PROPERTY, FOR Tu. 1'URI'n51 rel` r'1u+l; l ur l:I , N0, MAINTAINING AND REPAIRING A POWER EWE CONNECTING TO TUE 1't+JLlIt 111:Uvii:i: IH' I,nI,IIUAlrtl PIJHldit LrNE WORTH OF THE PROPERTY. THS SPECIFIC LOCATION or 5.1in 1!AN17111l'r MAY L+I11' 1i:1' NAVLr SEEN DEFINED, .len intern as etrelt end r.t04r VAC :Mr!' IA1TD 10 HAW Ara tU OOIO the stow, tay.rh,.• with .11 wd 11rv,.Apr 100 rpWrtMw.cra end prIoll,yoo Ihcrant6 b11.1I r e0 in anywise lrterltnte Ippartelnlrq, ..d .,I 1 it.. AAtat., rI$t 1, little, iollfaet rd claim whetUr.swr, of the aaltl Mft11122 at the fleet pert, tlih.r In 1.w, w ..741ry, to the only praetor WC. benallt Ind behoof et 11,.- avid p.rtlleel of tot *eeartd port. Melt). Retro and wall)'" fa,'rr,rr. 11 1010000 trldolod, the 1.Id j..n.111.A) et the first part year tirit *OW wrIitsft. 11/ned, looted and Vallver.d In •h !.«•..,mow of --mit Or ff 0/ rho (�?. „r... Cn.dr 61 (,) i ley lit o if s ant .1 j..t ,1111 r 001,0 ud aero h, dty Intl 1A—Gt cx 1tT , FM ISMS WILL CAVANAUCH Thr 1..,4p^.I,g inrtrv.n,t was *Cknt4ied010 balers me this Joy .1 717[10 'y71 1905 ,bt. k.1:1 1.4., ( :AVM WIZ [, ATIt7F1l —Til—FAC'' FIS WAVA TIRYTTI ANI) RILL CAVANAUCII, IN1DIVIDUALLY 5-..',1).“'. 7 ... —.44 ., .Ultnell Or hoed Ofrd 601191,1 gaol. • NIN1411..-1.1fitf.1)F29616,, ... /dL4,,., ///'' Ono LAaO I I,Le .0.10. irr r1.+('1,HY f/f • 11/ i: �'!le'r I ,:I.,iC , :+: • 11:C Mrf.ry 1011 101T 11011 AVE.i`rtn# t+. � rt'+e[11 41MYlA. CGtMM41 M A ; .''41'..›.:)....: J,COON FY 1 2 i?!, l%D'S.o. Fih1r;:e...C11 71 1()?:: 4 Hy sass/D.0... o.plr!I IIT,'TiiruTri,dtpr.a;,ltaL'airft.c.::4..,ca„irsL.1asut4^r1R''.AaSul71`311rIr.0LLs.u.000'I1k t!,r,.,,=•,,..r1In.L•unsl•+,rt'Orw,. ,..j[i[tugta-J.tat4S56SEl'.Lci WHPUtttt14 WIT circle MIO [.crew a (1,121941 1i11.4 floM 42. • • • GAA R FIELD COUNTY I311i!cling and Planning OFFICIAL NOTICE YOUR ADDRESS IS 73 9? £ • c9A a'604 P/6/13, 77:7 J A /4-41v />�cd - / L towi?9 Z3e* PLEASE POST AN ADDRESS �4y ` THIS JOB sIT1+, AS NOTED IN YOUR PLAN REVIEW. IT IS ALSO HELPFUL TO I'OS'I THE OWNERS NAME, ALSO. THE PIAN REVIEW REFERENCES SEC. 513 77/1'94/ -5 OF THE 1988 UNIFORM BUILDING CODE ADOPTED BY GARFIELD COUNTY: ITiA� SEC. 513 - APPROVED NUMBERS OR ADDRESSES SI IALI.. 13E PROVIDED FOR ALL NEW BUILDINGS IN SUCI I A POSITION AS TO 13E PLAINLY VISIBLE AND LEGIBLE FROM TIIE STREET OR ROAD FRONTING THE PROPERTY. THE POSTING OF "I IIS AI)I)RESS IS REQUIRED BY THE U.B.C. ANI) BY YOUR BUILDING PERMIT. 'JT1IS ADDRESS ALSO- * ZIELPS BUILDING INSPECTORS FIND YOUR 3013 SITE EASILY AND QUICKLY. TTIIS IS ESPECIALLY IMPORTANT BECAUSE OF `1'I1E DISTANCES INSPECTORS MUST TRAVEL wrriiiN 'HIE COUNTY, AND 13ECAUSE OF TILE LARGE NUMBER OF ACTIVE CONSTRUCTION SITES WITHIN GARFIELD COUNTY. 11` ASSISTS DELIVERIES OF MATERIALS TO TILE JOB SITE. * ASSISTS TIIE FIRE AND LAW ENFORCEMENT PERSONNEL IN QUICKLY IDENTIFYING ADDRESSES FOR EMERGENCY SERVICES. THANK YOU ! 915-82121(25-55711185-7972 Glenwood Springs, Colorado 81601 109 81Ii Slrecl, Suile 303 GARFIELD CO UN Y Building and Planning November 28, 1995 Glenn & Kathy McCuen 434 Midland New Castle, CO 81647 RE: Variance Request Dear Mr. and Mrs. McCuen: Your application for a Variance to the Garfield County Zoning Resolution of 1984, to allow for an encroachment into the required side yard setback has been scheduled for a public hearing before the Zoning Board of Adjustment on December 18, 1995, at 7:00 PM, in Suite 305, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. Itis suggested you or your authorized representative be in attendance. The public notice must be submitted to the Glenwood Post or other newspaper of general circulation for publication one time, at least, 15 days prior to the hearing. You are responsible for contacting the paper directly regarding obtaining the proof of publication and billing. In addition, copies of the public notice form will must be mailed by certified return -receipt to all property owners within 200 feet of your property no less than five (5) days prior to the hearing. The proof of publication from the newspaper, certificates of mailing and return -receipts from the mailing must be submitted to the Planning Department prior to the public hearing. Please note that the date of the hearing does not count as a day of notice, so it is important that you publish and send the required notices with adequate time to meet therequirednotice timelines Please contact this office if you have further questions regarding your application or public hearing. Sincerely, Mark L. Bean, Director Building & Planning Department 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 • PUBLIC NOTICE TAKE NOTICE that Glenn and Kathy McCuen have applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a Variance in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Attached Legal Description Practical Description: Located approximately six (6) miles north of New Castle, off of County Road 243. Said Variance application is to allow a reduction in the required 10 foot side yard setback on the above-described property, to a zero (0) foot setback. An persons affected by the proposed Variance application are invited to appear and state their views, protests or objections. If you can not appear personally at such hearing, then you are urged to state your views by letter, particularly if you have objections to such Variance application request, as the Zoning Board of Adjustment will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the Variance. This Variance application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 9:00 a.m. and 12:00 p.m. and 1:00 p.m. and 4:00 p.m., Monday through Friday. That public hearing on the application has been set for the 18th day of December, 1995, at the hour of 7:00 p.m., at the office of the Zoning Board of Adjustment, Suite 305, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. Garfield County Planning Department • LEGAL OESCC'1P11ON A parcel of land being a part of Homestead Entry Survey No. 53, situated 1n 14S, R91W of the 6th RAf mus' particular -lye described as follows: Beginning at a stone coater- properly marked as Corner. No. 1 of //ES. No. 53, the e 77; OF POINT OF BF G/NNING; thence along the westerly boundary of ll. ES. No. 53 N16'47'41''E 432.63 feet; thence leaving said boundary trine S80'47'27"E 826..33 fent to the easterly boundary line of ICES. No. 53; thence crldny the eagter y boufddry line SOP47'27"E 5,30.08 feel to roarer No. 9 'of 11.ES. NO. 53; thence N75124100"11' 988.20 feet to Corner No. 1 of 11.ES. No. 5 ..3, the U E ro1NT Ore 8r.G/NNING cot1N1Y Or. CAR'111J.0 S 1A 1! OF COLOfsA PO • • APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Owners name:/44M3 6fe 1 100',47 /y! c Owners address: 41.39 6..,7 IV, ?C/3 Phone: 971) icy -z3 35 (N) SX) QYs-2?-0.6 C � Practical description of where property is located::� p�J Df /Jrr� 467/e o.J I. d Ri �a 44/975v 6-/k[ n.ek or J /`� irove PP ofs t/ P Sw, /ct 4a &r'', #0/i' c ) i r`S 0 1. Present zoning: Area: 2. Describe variance you are requesting: F-er~o Vah1/4_..ff•e-- k m.✓ /a; - !h._ kw, I% 3. Why do you feel that the variance should be granted: (refer to instructions, use additional pages if needed) 14,,e hvae,44 5.~-y ,�a„"a C� e/7 1 c fes✓ e, f / Ade 'k' v i .- ai /fie 054o 54A- ee 5;,, res 7ge kfirevi?4/ ' 444/7 /?Fs/4'.-U )e , r,�r.- •otir ).0e._/4.4.45 74>- "Lhe- o ,41' 74- w/!% 5 TG --a ,S j of //e. rf-ef/-vree /r4k€.. et/a, (// .0.55,700911 tW~› w9S-e 04 -c/7` / '4 l aiyA._64e, '7NA- GIV 4 Co -olz _ / / s / f /1,t•tter"4-5 2 /frc, , / X 4-.4/!�`� bz,!%0��e 441 , 6ee /''1i %Gtr BLi!/ �n )0.e "Li/. fF w/ Ce7cg • 4. List all property owners and their addresses within two hundred (200) feet of property as listed in the County Assessor's office for which variance is being requested. Copies of the Public Notice must be mailed to your neighbors by certified return -receipt mail and the receipts presented at the hearing. re jer 7 `,/0 3 - 24 3 - R0 co gat/7 Le S o rit.„ OF L /144414-,64.44- P.60. 1444, .✓4- 444401'd 5191-°1 5. Lo $ 6v 5. Describe water supply, sewage facilities, utilities, and access to property. (use additional pages if necessary) 1 Afsc -'c 3 y5 - oe-e e 11/1/ a .;44/4-fieeil YS 4,„9-54‘e, pelf I/ � ; 6 Co er, 074i ,n44, /4/ 6. Attach a map of legal sized paper or smaller drawn to scale showing all improvements (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. 7. The above information is correct to the best of my knowledge. plicant NOE qSo` Sc Q le • `` + ......., ........ ...,._ .__._i N t 1°\n/ Scale 120 • N 90;i: 19o°' Poe COR, NO. 1 AEI 53 MIND CL 18' ROAD, U77L/lY A: DRAINAGE ESMl (SEE TABLE) HOUSE NSVP80, unalnn L2 CENTERUNE 121 TA 80AD, U77LI7Y & DRAINAGE EASEM,tJI7 LINE 1 DIRFV170N L D1SIANCE 11 NO1'472W 158.50'_ L2 N41 %49W0 W 50.40' 13 N65'53 '00 W 103.00' 14 N7237'007 IV 77.70' 15 N44'05'00w W 35.80' 16 N00'07'00'E 35.50' L7 N53'12'001E 139.90' ig— N36557'00 `E- 156.60' LEGAL DESCRIPTION G10R. N0. N.E.S 53 MIND roe ROAD, UTILI1Y & DRAINAGE MIT. SCA1 i INCH se BOUNDARY LINE A parcel of land being a pad of Homestead Entry Surt•ey No. 53, situated to 14S, R91W of the 6th P.M. more particularly described as follows: Beginning at a stone corner properly marked as Coiner No. 1 of 11E.S. No. 53, the TRUE PO/NT OF BEGINNING; thence along the westerly boundary of 11E:S. No. 53 711641'41"E 432.63 feet; thence leaving said boundary line 580'41'27"E 82.6.33 feet to the easterly boundary line of H.E S. No. 53; thence clang the ,ea.1`erly boundary line SOP -17'27"E' 530.08 feet to Corner No. 9 of N E: S. NO. 53; thence N75'24'00'fl' 988.20 feet to Corner No. 1 of NETS No. 53, the TRUE PC/NT OF HFGINNING COUNTY OF GAf?FIE'I.D STATE OF COLORADO ;' LS °17i o �▪ z35o11 z 0-. . 0;...0 ..�.,o IMPROVEMENT 10CATION CFRTTflCAlt I HEREBY cErnfY THAT THIS IAIPROVEME7vr LOCATION CE1?T7r7CA7E" WAS PREPARED ft7R 0, 71 MT 17 IS NOT A LAND SURVEY PLAT 0R IAIPROVF'MFNT SURI,EY PIAT, AND THAT lT IS NOT TV 4.7E AWED UPON MR 771E ESTABLIs/IA1ENT OF trivet, BUILDING, 01? 0771E7? FV7VRE IMPROVEMENT LINES I I1JRT11ET? CER77fY THAT nit- IMPROVEMENTS ON 771E ABOVE DESCRIBED PARCEL ON 771/3 DA7& 1, EXCFJ'T U77I.17Y CONNECTIONS, ARE ENTIRELY 111771/N,. THE BOUNDARIES or 171E PARCEL, EXCEPT AS SHOWN, THAT THERE ARE No ENCROAGYIAIENTS UPON 771E DESCRIBED PREMISES AY IMPROVEMENTS ON ANY AIv01N/NC PREMISES E.4'CE_T'T AS INDICATED, AND n THERE IS NO APPARENT EVIDENCE 01? SIGN OF ANY L.1S171ENT CROSSING OR BURDENING ANY PART OF SAID PARC .1 EXCEPT AS NOTED 44, /(/-04-4Y-.0, 01 -SAN, L.S. 1 0101STE•Ok,`vyf 47.# &Cita') BOLSAPI 214 ad. SYR cWoI 00 (,raj* 67* --2 4x7 Impeovarevr LQQW W a l l PORTION OF NES. S. N. tr' r t.91W T]liEs1?�f�.M. GARf1ELO couNY, COLORADO aim 005 hitv, slew 4141/AAM K POINT EST 14 23 _ f z � FI N1N oho E HADLEY POINT 1 `h -1 24 f.0 C.uL/) 26 `i-` JOE HILL LISLII NO. 54 35 I N Q) 4 36 11 ���i/AXING A irsefF)T SCOTT McdNNIS 3D DISTRICT. COLORADO COMMITTEE ON RULES • • tottgrefics of the Zittiteb Otateo 3t on6r of 3ieprco'entatibeO Ittsljitigton, riC 20515-0603 August 21, 1995 Mr. Glenn McCuen 434 Midland New Castle, Colorado 81647 Dear Mr. McCuen: I have recently received your request for assistance. 1 have asked Mrs. Lynne Kerst, my Area Representative in Glenwood Springs, to look into this matter. She will be your caseworker and will process your case as quickly as possible. WASHINGTON OFFICE: 2 r5 CANNON BUrLDING WASHINGTON. DC 20516-6603 12021275 4751 FAX 12021 226 -0622 DISTRIcr OFFICES - 13.1 WEST B STREET rum°.CQ 81003 7719)513 8200 FAX- 1779)641 9704 327 NOn 71-17111 STREET r:RANDJUNCIION, CO 131501 13031245-1107 FAX 130/1215 2194 1050MAR4 AVENUF RIOT 1)URAN(iO. CO 817011 M312592754 FAX (3011 259 2782 520 PINE STAFF SWTE 711 GLFrJWOOD SPRINGS. CO 61601 73031 929 0637 FAX 13031929 0630 Please fill out the enclosed Authorization Form completely and return to my Glenwood springs Office. I cannot accept e facsimile copy. Federal agencies will not respond to my inquiry on your behalf without this completed form. Pleas+ include a letter of explanation addressed to me, and copies of any additional pertinent correspondence you feel is required. Lynne will contact you as soon as possible with her findings or to obtain more detailed information. We will work closely with you and any federal agency in an effort to achieve an agreeable resolution to your current situation. Thank you for contacting my office. I appreciate the opportunity to be of service to you. If you have any questions or concerns in the interim, please do not hesitate to contact Lynne Kerst in Glenwood Springs at 970 928-0637. Sincerely, Liu CL Jam. Scott McInnis Member of Congress SM/pmb ENC I RINTFl1M RrCYfI Ft' 'FFR • August 29,1995 Glenn McCuen 434 Midland New Castle, CO 81647 U.S. Department of Interior Bureau of Land Management Attention: Mr. Michael S. Mortice, Area Manager Glenwood Springs Area Resource Office P.O. Box 1009 Glenwood Springs, CO 81602 RE: 4399 County Road 243 Dear Mr. Michael S. Mottice: This follows our meeting of August 23, 1995. Per Your request, 1 am enclosing a copy of the survey that was generated by Mr. Richard L. Ilolsan, a registered land surveyor. The survey suggest that the southern most corner of my foundation is 4.47' over my property line and encroaches land owned by the United States. As 1 explained to you during our meeting, I prepared a site plan required by the Garfield County Building and Planning Department. The site plan was drafted by myself. The site plan that 1 provided you on August 23, 1995, placed my home 39.5' within my boundary line. I made an error when 1 drafted the site plan by using the southeast corner as a starting point when I should have used the southwest corner instead. I made an honest mistake. When I first became aware of my error, 1 immediately halted all construction and contacted Mr. Dan Sokal of your office. Mr. Sokal suggested that I move my foundation. I then began researching the cost and feasibility of moving my foundation. The most feasible avenue 1 have uncovered is to tear up my foundation and excavate 44' to the northwest. It is not possible to move the foundation in one piece. The cost associated with cutting the foundation in sections and splicing it back together are greater than tearing it up and starting all over again. The cost associated with tearing up and moving my foundation are as follows: 1. Demolition of existing foundation 2. Filling and leveling existing site 3. Hauling off foundation debris 4. Preparing new site 5. New Foundation $ 484.00 200.00 400.00 885.00 6.675.00 Total $8,644.00 The aforementioned cost does not include dump fees, cost associated with re drafting blueprints, fees for re inspections required by the Garfield County Building and Planning Department, or any other cost that may be unforeseen at this time. Page Two U.S. Department of Interior August 29,1995 As I explained during our meeting of August 23, 1995, I currently have a construction loan with Miles Homes. Due to my error, I have exhausted my foundation and site excavation budgets. I am writing 10 you today to ask if you will consider trading enough land that would place my current foundation within my required boundaries and within the 25' set back required by the county. 1 estimate that 1 will need approximately 2,250 square foot of land to be in compliance with the county requirements. I am willing to pay all cost associated with this transaction. I believe that the cost of trading an equal portion of land would be far less than tearing up my foundation. Winter is nearing and I would appreciate your consideration in this matter. Sincerely, Glenn McCuen Enclosures: Richard Holsan's survey Scarrow & Walker's Map 1r4 f I IrV111.1.FR"111. • • United States Department of the Interior - Glen McCuen 434 Midland New Castle, CO 81647 Dear Mr. McCuen: BUREAU OF LAND MANAGEMENT Glenwood Springs Resource Aica 50629 highway 6 arid 24 P.O. Box 1009 Glenwood Springs, Colorado 816(12 September 5, 1995 (7-880) We are in receipt of your letter dated August 29,1995 concerning the inadvertent placement of a corner of a foundation for your new hose on public lands. We realize that the incident was un_willftll and encro'::hes only 4.47 feet onto public land. We also understand that Garfield County requires a 25 foot setback from the property line. We appreciate your early notification to us and your willingness to pay costs to resolve this matter. As you know, we talked with you several times, visited the site, and talked with Lynn Keret of Congressman Scott McInnis's office about the situation. I know we have talked about the potential of exchange, sale, and lease to resolve the problem and I have been considering those alternatives. The transfer of public lands into private ownership is a very involved process and would involve the following steps and approximate costs: 1. BLM appraisal: $1,000 to $2,000. 3. BLM Cadastral Survey: $2,500 to $4,000. 4. Cultural Resource and Threatened & Endangered Plant Inventories: $500 to $1,000 5. BLM Administrative Costs (NEPA documentation, Staff and Management Review, Notice of Realty Action, Public News Releases, Title Review, Title Preparation, Records Notation for land Status and Survey): $3,000 to $5,000. 6. Fair market value of the land: For 2,250 sq. ft. (.05 acre): $300. For a 50 ft. strip across the south boundary of your property (50 ft. x 988.2 ft.) or 1.13 acres: $6,780. These estimates are based at the same value as your 10 acres of property. In addition to the cost involved, there are the problems of the amount of time required and the redistribution of our current workload to process your proposal. Even to prioritize your case, the amount of time needed to survey, conduct an appraisal, publish a Notice of Realty Action (NORA) and provide for put ii.. reviw would take a minimum cf 6 moni:hs. I would prefer not to accept an application for land transfer or lease to you. based on the lack of public benefit derived from the transaction and the amount of time and involvement such a transaction would take even with you bearing the costs. Also, bear in mind that final approval of any transaction in uncertain, pending the outcome of the NEPA and public review process. In addition, as I have mentioned before, this would be inconsistent with our policy in resolving the current workload of similar unauthorized uses. My recommendation is, that although your costs for removal of structure seem high, I believe they would be lesser than your costs to the BLM and would provide•a finality to the situation that to allows you to continue construction. However, if you really want to assume the risk and liability involved in such an endeavor, we can continue to talk about it. I have also decided not to pursue the removal of the foundation or even the placement of the house or to penalize you for it. Simply put, the unauthorized use of 4.47 feet onto public land does not warrant any further • • action on our part. The liability for such encroachment however, willalways remain with the landowner and would most likely encumber any future action for disposition of the subject house. The transfer of public lands would not be possible at any time in the future either. As you see, the small amount of public land you are requesting cannot be easily conveyed or "quit claimed" to you. The process and costs we have described to you are based on our past experience with exchanges and leases. The average time in processing an exchange has been 2 years. Even without the processing costs, the land cannot be sold for less than fair market value which would be based on the purchase price of your property and other comparable sales which would be close to $6,000 per acre. Overall then, it seems to me that with the costs and the time involved for you to "cure" the problem, the reasonable solution would be to remove the foundation and rebuild with the proper set backs on your land. Please let me know your decision. Sincerely, 146,4u L (') Michael S. Mottice Area Manager • • September 6, 1995 Glenn McCuen 434 Midland New Castle, CO 81647 U.S. Department of Interiof Bureau of Land Management Attention Mrichael Mottice Glenwoo •'3prings Resource Area Office P.O, x 1009 nwood Springs, CO 81602 RE: 4399 county road 243 Dear Mr. Michael Mottice: This will serve to acknowledge yours dated September 5, 1995. During our trip to and from my property on Main Elk Creek you and I did talk about the potential of exchange, sale, and lease to resolve my current problem. You also indicated that if you expedited the matter it could still take up to four weeks before the transaction could be made. I have about eight more months before I will need permanent financing for my property. Your decision to not pursue the removal of my foundation from public lands is a kind gesture, however, I may not be able to obtain permanent financing in this situation. I would like to know more about the requirements you have outlined in your correspondence. Are all of the surveys, appraisals, and studies required in this situation? I am even more interested now in learning what 1 can about the issue at hand as 1 have taken on the risk of building my home knowing that you will not pursue the removal of my foundation. I would like you to consider moving forward with my request to buy the .05 acres of land. Please let me know what 1 need to do to move this matter forward. Sincerely, Glenn McCuen cc: Lynne Kerst • • September 6, 1995 Glenn McCuen 434 Midland New Castle, CO 81647 U.S. Department of Interior Bureau of Land Management Attention Mr. Michael Motlice Glenwood Springs Resource Area Office P.O. Box 1009 Glenwood Springs, CO 81602 RE: 4399 county road 243 Dear Mr. Michael Mottice: This will serve to acknowledge yours dated September 5, 1995. During our trip to and from my property on Main Elk Creek you and I did talk about the potential of exchange, sale, and lease to resolve nay current problem. You also indicated that if you expedited the matter it could still take up to four weeks before the transaction could be made. I have about eight more months before 1 will need permanent financing for my properly. Your decision to not pursue the removal of my foundation from public lands is a kind gesture, however, I may not be able to obtain permanent financing in this situation. I would like to know more about the requirements you have outlined in your correspondence. Arc all of the surveys, appraisals, and studies required in this situation? 1 am even more interested now in learning what I can about the issue at hand as I have taken on the risk of building my home knowing that you will not pursue the removal of my foundation. I would like you to consider moving forward with my request to buy the .05 acres of land. Please let me know what I need to do to move this matter forward. Sincerely, Glenn McCuen cc: Lynne Kerst IN 11F1'15'RI r HZ 1(1. • • United States Department of the Interior BUREAU OF LAND MANAGEMENT Glenwood Springs Resource. Arca 50629 Highway 6 and 24 P.O. Box 1009 Glenwood Springs, Colorado 81602 September 12., 1995 Glen McCuen 434 Midland New Castle, Colorado 81647 9230 (7-880) Dear Mr. McCuen: This letter is in response to your FAX of September 9, in answer to my letter of the same d to to you. The date of your FAX indicated that you had not,yet: received the signed version of my letter, no perhaps you had not had a chance to fully consider its contents. Several points 1.r that letter a.•i,uuld emphasized and clarified. 1) My decision to not pursue removal of your foundation should in no way be interpreted as an authorization of your construction. In fact, a subsequent. Bureau of Land Management manager could decide to request the removal. I am not pursuing the removal of your foundation at this time because of limited staffing and the minimal level of impact to public lands. 2) While I believe the encroachment was inadvertent and thus non-wi11fu1, continuation of the encroachment must be considered willful which could make you liable for a penalty assessment as well as costs of removal at some future date. 3) I would prefer not to accept an application from you because of the excessive amount of staff time required given the lialited public benefit, the high cost to you, and the possibility that your application (night still be denied. 4) The reference in my letter to .05 acre was simply to contrast the physical encroachment and its value with the actual acreage you would be expected to purchase, 1.13 acres, and its value, $6,780. As I discussed with you in the field, the smaller acreage is not an option because it would make for a confusing boundary line. Also, such a small addition to your property is rot a. reasonable long-term solution to your prcblem given the likelihood that you or future owners could make the stlrne .1'.i.r,Lalzr_. Agat:t and encroach further on LLM land with your lawn and other paten :ial improvements in the immediate vicinity of your homesite. 5) Our estimate of the cost to you of any transfer is between $14,000 and $18,000. As I said in my previous letter, given the costs anticipated, the time required and the uncertainty involved in an application, the reasonable solution seems to be to remove the foundation and rebuild with the proper setbacks. cc: Lynne Kerst Sincerely, IX/r et—.Sk;% .; Michael S. Mottice p.xea Manager • i September 13, 1995 Glenn McCuen 434 Midland New Castle, CO 81647 Congressman Scott McInnis Attention: Lynne Kerst 526 Pine Street Glenwood Springs, Co 81601 RE: 4399 County Road 243 Dear Lynne Kerst: 1 am in receipt of a letter from Mr. Mortice dated September 12, 1995. Mr. Mottice has apparently carbon copied you on the letter, however, I am enclosing his letter in the event you have not yet received your copy. I must say that I have apparently misinterpreted Mr. Mottice's previous leiter. I understood that The Bureau Of Land Management would not be pursue the removal of my foundation. I interpreted this to mean that I could move forward with no worry that I would be pursued by the Bureau Of Land Management. Mr. Mottice is now clarifying his previous correspondence by saying that he would not pursue me for what 1 have done, but 1 should not be moving forward with the construction as he would consider this action as willful and he further threatens me with liability and possible penalties. 1 am shocked by Mr. Mottice's letter. He has now made himself quite clear. It appears that he is not only unwilling to work with us, but he is trying to make it as hard as he possibly can to prevent us from involving him in this matter. The cost outlined in Mr. Mottice's letter are astronomical. I only need $300.00 worth of land to remedy my situation. Why should the transaction cost between $14,000.00 and $18,000.00? Everyone that I have spoken to about this issue, including lawyers, tell me that Mr. Mottice is being very unreasonable. I realize that I did make a mistake. I also called off my excavator in hopes that Mr. McInnis could help. I feel that I have been somewhat misdirected by Mr. Mottice and have only moved deeper into a hole that I can not climb out of. I am begging you to involve Congressman Scott McInnis in this matter. I can not afford to move forward and I can not afford to move backwards at this point. I need Mr. McInnis' help. Sincerely, Glenn McCuen Enclosure: BLM letter of September 12, 1995 • (-;ttlo - r t 41:9: C -e) �-�--� U. S. Department of the Interior Bureau of Land Management Glenwood Springs Resource Area MICHAEL S. MOTTICE Area Manager 50629 Highway 6 & 24 P. 0. Box 1009 Glenwood Springs. CO 81601 (303) 945-2341 (n_ `61-e 3 Zv September 25, 1995 Glenn McCuen 434 Midland New Castle, CO 81647 Congressman Scott McInnis Attention: Lynne Kerst 526 Pine Street Glenwood Springs, Co 81601 RE: 4399 County Road 243 Dear Lynne Kerst: On September 25, 1995, I spoke with Mr. Mark Morse, District Manager for the Bureau of Land Management. We discussed my problem in depth. Mr. Morse indicated that the normal process for selling land to the public is as Mr. Mottice described, both costly and time consuming. Mr. Morse explains that it would probably take as long as 18 months and could cost as much as Mr. Mottice has quoted. 1 also discussed with Mr. Morse the Small Tracts Act. Mr. Morse was not very familiar with this act as it relates to the National Forest Service which is handled through the Department of Agriculture. So, I read to Mr. Morse a portion of the Small Tracts Act as it relates to my problem. The section I read to Mr. Morse reads as follows: (Title 16 United States Code Service section 521e. Small parcels and road right-of-ways) The National Forest System lands which may be sold, exchanged, or interchanged under this Act are those the sale or exchange of which is not practicable under any other authority of the Secretary, which have a value as determined by the Secretary of not more than $ 150,000, and which are --- (2) parcels of ten acres or less which are encroached upon by improvements occupied or used under claim or color of title by persons to whom no advance notice was given that the improvements encroached or would encroach upon such parcels' and who in good faith relied upon an erroneous survey, title search, or other land description indicating that there was not such encroachment; Mr. Morse explains that the Bureau of Land Management is handled by the Department of Interior and they have a separate set of guidelines as opposed to the National Forest Service. Mr. Morse further explained that the requirements outlined by Mr. Mottice, however, he would check and see if there were any other alternatives and get back with me. Mr. Morse was not optimistic though. With respect to the differences between how the BLM and National Forest Systems sell, exchange, or interchange lands, Mr. Morse suggested that I ask my congressman. 1 believe that portions of the Small Tracts Act were generated because of situations similar to mine. Why doesn't the BLM have this same Act in it's guidelines? Why the difference in how government lands are conveyed? Can I do anything to change this? Sincerely, Glenn McCuen CONSERVATION TI VPS erred to in this 3-519, 521, 552 USCS Tables r to purchase or he Congress in its of expenditures for ire may not hereaf- ange relating to the pes of lands which eservation Commis - .tailed report of the 's submitted to the es and the Commit - and Forestry] of the h such committees. that the land should :ed by the Secretary and e value pursuant to id Management Act .ug. 20, 1988, P. L. CTIVFS lrestry" were Ut- iles of the Senate, the "Committee ved Feb. 4, 1977, Forestf y of the tiIture, Nutrition, atter, substituted after "price;"; in and added para. NATIONAL FORESTS 16 USCS § 521d Transfer of functions: Act Oct. 22, 1976, P. L. 94-588, § 17(a)(1), 90 Stat. 2961, abolished the National Forest Reservation Commission and transferred its functions to the Secretary of Agriculture. § 521c. Definitions That for purposes of this Act— (1) the term "person" includes any State or any political subdivision or entity thereof; (2) the term "interchange" means a land transfer in which the Secretary and another person exchange titles to lands or interests in lands of approximately equal value where the Secretary finds that such a value de- termination can be made without a formal appraisal and under such regulations as the Secretary may prescribe; and (3) the term "Secretary" means the Secretary of Agriculture of the United States. (Jan. 12, 1983, P.L. 97-465, § 1, 96 Stat. 2535.) IIISTORY; ANCILLARY LAWS AND DIRECTIVES References in text: "This Act", referred to in this section, is Act Jan. 12, 1983, P. L. 97-465, 96 Stat. 2535, which appears generally as 16 USCS §§ 521c -521i. For full classification of this Act, consult USCS Tables volumes. CROSS REFERENCES This section is referred to in 16 USCS §§ 521e, 521f, 521g, 521h, 521i; 43 USCS § 1716. § 521d. Sale, exchange or interchange of National Forest System land The Secretary is authorized, when the Secretary determines it to be in the public interest— (1) to sell, exchange, or interchange by quitclaim deed, all right, title, and interest, including the mineral estate, of the United States in and to National Forest System lands described in section 3 [16 USCS § 521e]; and (2) to accept as consideration for the lands sold, exchanged, or inter- changed other lands, interests in lands, or cash payment, or any combina- tion of such forms of consideration, which, in the case of conveyance by sale or exchange, is at least equal in value, including the mineral estate, or, in the case of conveyance by interchange, is of approximately equal value, including the mineral estate, to the lands being conveyed by the Secretary. The Secretary shall insert in any such quitclaim deed such terms, convenants [covenants], conditions, and reservations as the Secre- tary deems necessary to ensure protection of the public interest, including protection of the scenic, wildlife, and recreation values of the National 251 16 USCS § 521a CONSERVATION HISTORY; ANCILLARY LAWS AND DIRECTIVES References in text: "The Weeks Act of March 1, 1911 (36 Stat. 961)", referred to in this section, is classified generally to 16 USCS §§ 480, 500, 513-519, 521, 552 and 563. For full classification of such Act, consult USCS Tables volumes. § 521b. Report of Secretary of Agriculture prior to purchase or exchange of land; contents; waiting period For purposes of providing information that will aid the Congress in its oversight responsibilities and improve the accountability of expenditures for the acquisition of forest land, the Secretary of Agriculture may not hereaf- ter [Oct. 22, 1976] enter into any land purchase or exchange relating to the National Forest System of $150,000 or more for the types of lands which have been heretofore approved by the National Forest Reservation Commis- sion until after 30 days from the date upon which a detailed report of the facts concerning such proposed purchase or transfer is submitted to the Committee on Agriculture of the house of Representatives and the Commit- tee on Agriculture and Forestry [Agriculture, Nutrition and Forestry] of the Senate or such earlier time as may be approved by both such committees. Such report shall contain at least the following: (1) guidelines utilized by the Secretary in determining that the land should be acquired; (2) the location and size of the land; (3) the purchase price of the land and the criteria used by the Secretary in determining such price; (4) the person from whom the land is being acquired; and (5) any adjustment made by the Secretary of relative value pursuant to section 206(f)(2)(B)(ii) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). (Oct. 22, 1976, P. L. 94-588, § 17(b), 90 Stat. 2962; Aug. 20, 1988, P. L. 100-409, § 6, 102 Stat. 1090.) IIISTORY; ANCILLARY LAWS AND DIRECTIVES Explanatory notes: The bracketed words "Agriculture, Nutrition and Forestry" were in- serted on the authority of Rule XXV of the Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977, which abolished the Committee on Agriculture and Forestry of the Senate and replaced it with the Committee on Agriculture, Nutrition, and Forestry of the Senate, effective Feb. 11, 1977. Amendments: 1988. Act August 20, 1988, in the introductory matter, substituted "8150,000" for "825,000"; in para. (3), deleted "and" after "price;"; in para. (4), substituted "; and" for a concluding period; and added para. (5). 250 NATIONAL FORES Transfer of func Act Oct. 22, 19 National Forest the Secretary of § 521c. Deflnitio That for purposes c (1) the term "per entity thereof; (2) the term "into and another per: approximately eql termination can regulations as the (3) the term "Sect States. (Jan. 12, 1983, P.L. HISTO1 References in to "This Act", refc: 96 Stat. 2535, w full classiflcatioii This section is refc USCS § 1716. § 521d. Sale, ext land The Secretary is aur public interest— (1) to sell, exchan interest, including National Forest and (2) to accept as changed other tan tion of such form sale or exchange, or, in the case of value, including I Secretary. The St terms, convenants tary deems necess. protection of the 16 USCS § 521d CONSERVATION Forest System and provision for appropriate public access to and use of lands within the System. The preceding sentence shall not be applicable to deeds issued by the Secretary to lands outside the boundary of units of the National Forest System. (Jan. 12, 1983, P. L. 97-465, § 2, 96 Stat. 2535.) HISTORY; ANCILLARY LAWS AND DIRECTIVES Explanatory notes: The bracketed word "covenants" was inserted in para. (2) as the word probably intended by Congress. § 521e. Small parcels and road right-of-ways The National Forest System lands which may be sold, exchanged, or interchanged under this Act are those the sale or exchange of which is not practicable under any other authority of the Secretary, which have a value as determined by the Secretary of not more than $150,000, and which are— (1) parcels of forty acres or Tess which are interspersed with or adjacent to lands which have been transferred out of Federal ownership under the mining laws and which are determined by the Secretary, because of loca- tion or size, not to be subject to efficient administration; (2) parcels of ten acres or less which are encroached upon by improve- ments occupied or used under claim or color of title by persons to whom no advance notice was given that the improvements encroached or would encroach upon such parcels, and who in good faith relied upon an erroneous survey, title search, or other land description indicating that there was not such encroachment; or (3) road rights-of-way, reserved or acquired, which are substantially surrounded by lands not owned by the United States and which are no longer needed by the United States, subject to the first right of abutting landowners to acquire such rights-of-way. (Jan. 12, 1983, P. L. 97-465, § 3, 96 Stat. 2535.) HISTORY; ANCILLARY LAWS AND DIRECTIVES References in text: "This Act", referred to in this section, is Act Jan. 12, 1983, P. L. 97-465, 96 Stat. 2535, which appears generally as 16 USCS §§ 521c -521i. For full classification of this Act, consult USCS Tables volumes. - CROSS REFERENCES This section is referred to in 16 USCS §§ 521d, 521h. § 520. Costs of conveyance and value of improvements Any person to whom lands are conveyed under this Act shall bear all rea- sonable costs of administration, survey, and appraisal incidental to such conveyance, as determined by the Secretary. In determining the value of any lands or interest in lands to be conveyed under this Act, the Secretary may, 252 NATIONAL F. in those cases interest, exclud the lands mad road rights -of - of -way is conv improvements United States. determines tha person of cost reimbursement otherwise requi (Jan. 12, 1983, HI. References "This Act" 96 Stat. 25 full classikk- § 521g. Roa. Conveyance of as permitting a - road or other l- and under con, (Jan. 12, 1983, 111: References "This Act" 96 Stat. 25 full classifik § 521h. Ree-. The Secretary s including specie (1) criteria w constitutes t' (2) the defini equal value"; (3) factors j connection w changed und. (Jan. 12, 1983, 43 USCS § 677 PUBLIC LANDS Other provisions: Savings provisions. Act Dec. 16, 1930, ch 14, § 2, 46 Stat. 1029, provided that rights or liabilities existing under this section on Dec. 16, 1930, are not affected by this repeal. §§ 678-682. [Repealed] IIISTORY; ANCILLARY LAWS AND DIRECTIVES These sections (§ 678-R. S. § 2357; §§ 679, 680 -Act June 15, 1880, ch 227, §§ 3, 4, 21 Stat. 238; § 681 -Act Mar. 2, 1889, ch 381, § 4, 25 Stat. 854; § 682 -Act Mar. 1, 1907, ch 2286, 34 Stat. 1052) were repealed by Act Oct. 21, 1976, P. L. 94-579, Title VII, § 703(a), 90 Stat. 2789, effective on and after Oct. 21, 1976, as provided by § 703(a) of such Act. They provided for the price of public lands offered for sale; provided for the price of alternate sections of railroad lands offered for sale; excepted former 43 USCS § 679 from application to sale of mineral lands; provided for the price of forfeited railroad lands and lands adjacent to railroad lands and; authorized and set price of public lands sold for cemetery purposes, respectively. Other provisions: Savings provisions. Act Oct. 21, 1976, P. L. 94-579, Title VII, § 701(a), 90 Stat. 2786, located at 43 USCS § 1701 note, provided that these repeals shall not be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on Oct. 21, 1976. § 682a. Sale or lease of small tracts for residence, recreation, business, or community site purposes [Caution: for partial repeal, see Other provisions note] The Secretary of the Interior, in his discretion, is authorized to sell or lease to fitly person or organization described in section 3 of this Act [43 USCS § 6824 a tract of not exceeding five acres of any vacant, unreserved public lands, public lands withdrawn by Executive Orders Numbered 6910 of November 26, 1934, and 6964 of February 5, 1935, for classification, or public lands withdrawn or reserved by the Secretary of the Interior for any purposes, which the Secretary may classify as chiefly valuable for resi- dence, recreation, business, or community site purposes, if he finds that such sale or lease of the lands would not unreasonably interfere with the use of water for grazing purposes nor unduly impair the protection of watershed areas, in reasonably compact form and under such rules and regulations as he may prescribe, at a price to be determined by him, for such use: Provided, That no land may be sold hereunder unless it has been surveyed. No person or organization shall be permitted to purchase or lease more than one tract under the provisions of this Act [43 USCS 726 SALE AND DIS: §§ 682a-6824 e. tory to the Secre; (June 1, 1938, c• 467; June 8, 195' HIST Explanatory Provisions cc June 8, 1954. Amendments: 1945. Act Ju. any employer notwithstandi tary, purchas• business sites. this Act shall 1954. Act Jur "The Secreta! lease, to any the age of tw who has filed required by t of any vacar. land withdra other purpos Numbered 69 for classiiicati a home, cabin in reasonably may prescrib Provided, Th any survey m shall be pern sions of this satisfactory tr under the pr United States the right to regulations a- employee of notwithstandi tary, purchas, business sites. Other provlsl Partial repea- Stat. 2787, pr the date of a: effective date POHLIC LAMBS § 2, 46 Stat.1029, !is section on Dec. 16, )IRECTIVES -Act June 15, 1880, 1889, ch 381, § 4, 25 34 Stat. 1052) were tie VII, § 703(a), 90 provided by § 703(a) 'lic lands offered for is of railroad lands from application to -felted railroad lands zed and get price of v. Title VII, § 701(a), provided that these valid lease, permit, ithorization existing esidence, recreation, :1 horized to sell or lease of this Act [43 USCS :ant, unreserved public -s Numbered 6910 of , for classification, or of the Interior for any '11y valuable for resi- if he finds that blq ere with the air the protection of tndet such rules and termined by him, for der unless it has beets itted to purchase or this Act [43 USCS �• . SALE AND DISPOSAL OP PUBLIC LANDS 43 USCS §t1 good faith and reasons satittd6.: July 14, 1945, ch 298, 59 Stat: §§ 682a -682e), except upon a showing of tory to the Secretary. (June 1, 1938, ch 317, § 1, 52 Stat. 609; 467; June 8, 1954, ch 270, 68 Stat. 239.) HISTORY; ANCILLARY LAWS AND DIRECTIVES Explanatory notes: Provisions contained in this section prior to the amendment by Act June 8, 1954, are now contained in 43 USCS §§ 682b -682d. Amendments: 1945. Act July 14, 1945, substituted "prescribe: Provided further, That any employee of the Department of the Interior, stationed in Alaska, notwithstanding such employment, may, in the discretion of the Secre- tary, purchase or lease one such tract in the Territory of Alaska, except business sites, under this Act" for "prescribed: Provided further, That ,this Act shall not apply to any lands in the Territory of Alaska". 1954. Act June 8, 1954, substituted new section for one which read: "The Secretary of the Interior, in his discretion, is authorized to sell or lease, to any person who is the head of' a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who has filed his declaration of intention to become such a citizen, as required by the naturalization laws, a tract of not exceeding five acres of any vacant, unreserved, surveyed public land, or surveyed public land withdrawn or reserved by the Secretary of the Interior for any other purposes, or surveyed lands withdrawn by Executive Orders Numbered 6910 of November 26, 1934, and 6964 of February 5, 1935, for classification, which the Secretary may classify as chiefly valuable as a home, cabin, camp, health, convalescent, recreational, or business site in reasonably compact form and under such rules and regulations as he may prescribe, at a price to be determined by him, for such use: Provided, That no tract shall be sold for less than the cost of making any survey necessary to properly describe the land sold; that no person shall be permitted to purchase more than one tract under the provi- sions of this Act, except upon a showing of good faith and reasons satisfactory to the Secretary, and that patents for all tracts purchased under the provisions of this Act shall contain a reservation to the United States of the oil, gas, and other mineral deposits, together with the right to prospect for, mine, and remove the same under such regulations as the Secretary may prescribe: Provided further, That any employee of the Department of the Interior, stationed in Alaska, notwithstanding such employment, may, in the discretion of the Secre- tary, purchase br lease one inch tract in the Territory of Alaska, except business sites, under this Act.". Other provisions: Partial repeal. Act Oct. 21, 1976, P. L. 94-579, Title VII, § 702, 90 Stat. 2787, provided that this section is repealed effective on and after the date of approval of this Act (approved Oct. 21, 1976), except the effective date shall be on and after the tenth anniversary of the date of 727 • 43 USCS § 682a PUBLIC LANDS approval of this Act insofar as this section applies to public lands in Alaska. Savings provisions. Act Oct. 21, 1976, P. L. 94-579, Title VII, § 701(a), 90 Stat. 2786, located at 43 USCS § 1701 note, provided that nothing in Act Oct. 21, 1976, shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on Oct. 21, 1976. CODE OF FEDERAL REGULATIONS Nondiscrimination in federally -assisted programs of Department of Interior; effectuation of Title VI of Civil Rights Act of 1964, 43 CFR Part 17. Small tract, 43 CFR Part 2730. § 682b. Minimum selling price; reservation of mineral rights [Caution: for partial repeal, see Other provisions note] No tract shall be sold for less than the cost of making any survey necessary to describe properly the land sold. Patents for all tracts pur- chased under the provisions of this Act [43 USCS §§ 682a -682e] shall contain a reservation to the United States of the oil, gas, and all other mineral deposits, together with the right to prospect for, mine, and remove the same under applicable law and such regulations as the Secretary may prescribe. (June 1, 1938, ch 317, § 2, as added June 8, 1954, ch 270, 68 Stat. 239.) HISTORY; ANCILLARY LAWS AND DIRECTIVES Explanatory notes: Provisions similar to those contained in this section were formerly contained in 43 USCS § 682a. Other provisions: Partial repeal. Act Oct. 21, 1976, P. L. 94-579, Title VII, § 702, 90 Stat. 2787, provided that this section is repealed effective on and after the date of approval of this Act (approved Oct. 21, 1976), except the effective date shall be on and after the tenth anniversary of the date of approval of this Act insofar as this section applies to public lands in Alaska. Savings provisions. Act Oct. 21, 1976, P. L 94-579, Title VII, § 701(a), 90 Stat. 2786, located at 43 USCS § 1701 note, provided that nothing in Act Oct. 21, 1976, shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on Oct. 21, 1976. CODE OF FEDERAL REGULATIONS Nondiscrimination in federally assisted programs of the Department of the Interior -effectuation of Title VI of the Civil Rights Act of 1964, 43 CFR Part 17. 728 SALE AND DISP[_ This section is rel Forms: 15 Am Jur Lel Law Review A Mall, Federal Reeves, The i% Rev 333, 1978 Rudd, Who 0 Changing Lanz 109, 1975. § 682c. Qualiflc [Caution: for pard. A lease may be is 682e] to any of 11 United States, or citizen as require, association, each c or has filed a deci tion, including nc United States, or business in the Sta Territory, municip (June 1, 1938, ch NIST( Explanatory n1 Provisions sim. 43 USCS § 682 Other provislot Partial repeal. Stat. 2787, pre the date of ap effective date s approval of th Alaska. Savings provisi 90 Stat. 2786, in Act Oct. 21 permit, patent. existing on Oct PlibuIC LAM s to public lands in , Title VII, § 701(a), ovided that nothing sting any valid lease, :ht or authorization ONS )epartment of Interior; CFR Part 17. mineral rights ►f making any survey tits for all tracts pbr_ s §§ 682a -682e] shall oil, gas, and all other for, mine, and remove as the Secretary may 270, 68 Stat. 239.) ECI'IVES ion were formerly itle VII, § 702, 90 active on and after 1976), except the sary of the date of to public lands in Title VII, § 701(a), 'idea that nothing liktiralid lease, oi` ktithorization ,1S • Department of the ct of 1964, 43 CFR SALE AND DISPOSAL OF PUBLIC LANDS 43 USCS §`6, CROSS REFERENCES This section is referred to in 43 USCS §§ 682c, 682d, 682e, 869. RESEARCH GUIDE Forms: 15 Am Jur Legal Forms 2d, Public Lands §§ 212:14, 212:15, 212:16.1. Law Review Articles: Mall, Federal Mineral Reservations. 10 Land & Water L Rev 1, 1975. Reeves, The Meaning of the Word "Minerals". 54 North Dakota L Rev 333, 1978. Rudd, Who Owns Alaska? Mineral Rights Acquisition Amid Rapidly Changing Land Ownership. 20 Rocky Mountain Mineral Law Institute 109, 1975. § G82e. Qualifications of lessees and purchasers [Caution: for partial repeal, see Other provisions note] A lease may be issued or a sale made under this Act 143 USCS §§ 682a - 682e] to any of the following: (a) An individual who is a citizen of the United States, or who has tiled his declaration of intention to become a citizen as required by the naturalization laws; (b) a partnership or an association, each of the members of which is a citizen of the United States or has filed, a declaration of intention to become a citizen; (c) a corpora- tion, including nonprofit corporations, organized under the laws of the United States, or of any State or Territory thereof, and authorized to do business in the State or Territory in which the land is located; (d) a State, Territory, municipality, or other governmental subdivision. (June 1, 1938, ch 317, § 3, as added June 8, 1954, ch 270, 68 Stat. 239.) HISTORY; ANCILLARY LAWS AND DIRECTIVES Explanatory notes: Provisions similar to those contained in this section were contained in 43 USCS § 682a. Other provisions: Partial repeat. Act Oct. 21, 1976, P. L. 94-579, Title VII, § 702, 90 Stat. 2787, provided that this section is repealed effective on and after the date of approval of this Act (approved Oct. 21, 1976), except the effective date shall be on and after the tenth anniversary of the date of approval of this Act insofar as this section applies to public lands in Alaska. Savings provisions. Act Oct. 21, 1976, P. L. 94-579, Title VII, § 701(a), 90 Stat. 2786, located at 43 USCS § 1701 note, provided that nothing in Act Oct. 21, 1976, shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on Oct. 21, 1976. 729 00:10-.93 14127j�070 111. 9719 •1194 fur nn,.� d thew da�Y Of� Reception lin. LARRY GREEN ,I.h. t0OS '•e l,A+l„ 'Wry. Iltflrllin . QUIT CLAI.( DESA Ma Dian , Nede this eleY of Marta 21, 1935 Intil BEM 61 thI Ynnty of acrd ftste of irni tigilrot TII mit• Mitt AIMmann M1CaKI.TE21, My* 'I PIMP ,new tart Idikeen.le 434 Midland, New Castle CO 8,1647 of the County of w.1 huh of dters, iff The 'scald Tort, Ifltli,*IM, The% Il.r aeld party it the flret port, for tool in r.mRlderetlen /f the sue of 1(1.00 TEN DOLLARS ly She ptie Mrt(ic. of cep fi0.t port inhAA rnefee4 *r'Oleind 00t'O, odId by d told �rto.10011fthe mond Sart, the eUiRCOC and by these presentst JdoCns) coof in tie!. sy sanf66CI1 end Ie4malr,lwrIT the ratesee. sell, C and SUIT rJ A1N unto the sold pert(111) of the errand port, (their) ha(fY.. sueaRsort end ee4llru, tereref, ■tt ;h' rt t, thin, interest, @U111 Ifd demand tlltd li veld ►Art{(nl el the first dirt We) In 'Atli to rhe 'HAWN Oacrlbed totee! of tans situate, lying ltd hairy in the cog-inn/0 GAl2lrit'lI] and oISM of colored', In r�tr I)IE WELL LQCA'H II ON VIIHI.t(: LANDS EAST OP THE PROPERTY WHICH WAS DTI I I.IdtO KCIH t;AVANAEQH, TCx.WI'I11tI WITH ANY AND ALL WAIER AND WATER RTCHT9 IN AND Tit '1111! NA(u 1;7t.1,1 AAS, ANY AND ALL WA•I•b:w UIU1II HISZORICALLY USID ON OR ASSOCLTED WITH 'loll)! ritut,:ut, INCLUDING, OUT NOT IIHIrt:n •toll, CI.f183] CUBIC FEST OF WATER PER SECOND 01 '1'IMIt f1Uk1 IRE CLINETOP DITCH IRJf71tI'I'Y NII. 77C1R IN WATER DIVISION S. GARFIELD COUNTY, C1II,UI AIIO. AN EASEMZ NX AND RIONT–OI–WAY 10 U I:rt r I f4, w l n ru (Judet ANO ACROSS PARCELS OF LAND NORTHERLY 08 nit P.QPERTY, FOR TRE 1'URI 0: R toll+ I:11Nr1I ll1:ir11Nt't, MAINTAINING AND REPAIRING A P0t.'ER LINE CONDECTI6IQ TO TUE 1ITIIL.U. wv 1 r:r Iu I IIJI.IJIIAU('1 Pt71.fltlt LLNE NORTH OS TAE PROPERTY. TRH 9FRCIFIC LOCATION OP 94111 I'.ANIHItN'r MAY N17r 'Yl I' HAV BEEN DEFINED. ■iso town /? street and n%Phur VACANT LAND 1Q MAW Alto Iw M440 the Il.ee, terot.w' with ell erd elrmIor the eelpwrtiononces end prI.il,.yea thu.nte Worthing' or In eftywthe theraunte s Cjf' .TnInv. noel all i1. nitete. right, title. IiKereet Ind elate whetr.w+r, nt the .aid MMrtlles) or the first Port, other In tow eh- w fdty. to the only Proper woe. br1fit end behoof of .R.. sold pertfieef sf the e•eerd pert. tow) heirs incl sept,.. forrwr. II tfltII MIUE0f, rite word t.n-teloe1 of His flrit pert year tirit Ibofe written. Signed, seated ofd w/tivarod to the ere......0 or r hail and anal/the des /fM WILL C VA:MAUCH lira% tltA1 The fu. -s nin4 Inatrt.att wet teknortedtte atforo me this d.y .d aillO' 1905 rf11i. CAVANAUGi, ATICARgY–lid–n T !fV WAVA RPYER ANTI WILL CAVJNAUCH, INDIVIDCALLY My eoomtdVI.e. espitel FE)'. -, .., ..._.1t1 I; Clew! !S A)IVarykVic /J i —Notary Polls FIM!! COUNTY { .VitnshI Iy hand )MIG ifflelel seal. Liao TITLt tuARAJITfr fb1AAWv 2921 IAIT Mit AVE. 'AAA fk!!VIe, COLtijbe COMA V UU lIl Sul/ CLAIM ND Cterew I CR4,942 942 'iit.' Ira t:l) 79;79 �Tirer: t,ly�. 2ti, !C2 (1447942. 1 GARFIELD COUNTY Building and Planning OFFICIAL NOTICE YOUR ADDRESS IS y3 7? G • /2.0,1 X3 Se7`- o� a'i+ 9 12i6i73, like ' t 9V /frer tir- L°ymA Lor u-Ar/44' cc4-44V l3� PLEASE POST AN ADDRESSi7eF R� THIS JOB SITE AS NOTED IN YOUR PLAN REVIEW. IT IS ALSO IIELPFUL TO POST THE OWNERS NAME, ALSO. TIIE PLAN REVIEW REFERENCES SEC. 513i9A/As OF THE 1988 UNIFORM BUILDING CODE, ADOPTED BY GARFIELD COUNTY: J- SEC. 513 - APPROVED NUMBERS OR ADDRESSES SIIALL BE PROVIDED FOR ALL NEW BUILDINGS IN SUCH A POSITION AS TO BE PLAINLY VISIBLE AND LEGIBLE FROM THE STREET OR ROAD FRONTING THE PROPERTY. THE POSTING OF THIS ADDRESS IS REQUIRED 13Y THE U.B.C. AND BY YOUR BUILDING PERMIT. THIS ADDRESS ALSO- * HELPS BUILDING INSPECTORS FIND YOUR JOB SITE EASILY AND QUICKLY. THIS IS ESPECIALLY IMPORTANT BECAUSE OF THE DISTANCES INSPECTORS MUST TRAVEL WITIIIN THE COUNTY, AND I3ECAUSE OF THE LARGE NUMBER OP ACTIVE CONSTRUCTION SITES WITHIN GARFIELD COUNTY. * ASSISTS DELIVERIES OF MATERIALS TO TIIE JOB SITE. ASSISTS THE FIRE AND LAW ENFORCEMENT PERSONNEL IN QUICKLY IDENTIFYING ADDRESSES FOR EMERGENCY SERVICES. THANK YOU 1 945-8212/625-5571/285-7972 . Glenwood Springs, Colorado 81601 109 8th Street, Suite 303