HomeMy WebLinkAbout2.0 BOCC Staff Report 11.06.1995• •
BOCC 11/6/95
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Eugene & Glaphy Spear; Represented by John
Schenk.
LOCATION: A tract of land located in portions of Section
15 and Section 10, T7S R89W of the 6th
P.M.; approximately 5.5 miles south of
Glenwood Springs on CR 117.
SITE DATA: 81.2 Acres
WATER: Johnson Spring and Pipeline #457
SEWER: Individual Sewage Disposal System
ACCESS: Direct access from CR 117
EXISTING ZONING: A/R/RD
ADJACENT ZONING: South: PUD
North - East - West: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site is located in the Cattle Creek Area Land Use District, further described as Low
Density Residential (greater than 10 acres/du), as designated by the 1995 Garfield County
Comprehensive Plan, Study Area I.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is located approximately 5.5 miles south of Glenwood
Springs on the west side of CR 117, bounded to the south by Oak Meadows
Subdivision. The western portion of the tract rises from Four Mile Creek, at an
elevation of 6700 feet, up to approximately 6880 feet, a relief of 180 feet. Average
slope of the tract is approximately 12%. The tract is characterized by native
vegetation where cottonwoods and a riparian environment dominate in the creek
bottom, giving way to a montane environment on the western slope of the property.
See vicinity map on page 5
Adjacent Land Uses: Oak Meadows Subdivision Planned Unit Development occupies
the land immediately south of the tract with the remainder of the vicinity comprised
of generally large, single-family and agricultural tracts.
B. Project Description: The proposal specifies the subdivision of the 81.2 acre parent
tract into two (2) parcels of 9.84 acres, (referred to as the exempt lot) and 71.4 acres
(referred to as the residual property) in size, more or less. The exempt lot will consist
of the existing home and most of the agricultural buildings and is comprised of the
land located between Four Mile Creek and CR 117. The southern boundary of the
exempt property is located immediately north of Oak Meadows PUD and the northern
• •
boundary is located north of the existing home. See sketch map on page
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations state that "No more than a total of four (1) lots, parcels, interests or
dwelling units will be created from any parcel, as that parcel was described in the
records of the Garfield County clerk and Recorder's Office on January 1, 1973, and
is not a part of a recorded subdivision; however, any parcel to be divided by
exemption that is split by a public right -of --way (State or Federal highway, County
road or railroad) or natural feature, preventing joint use of the proposed tracts, and
the division occurs along the public right-of-way or natural feature, such parcels
thereby created may, in the discretion of the Board not be considered to have been
created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit
limitation otherwise applicable:"
A deed submitted with the application identifies the tract existing in November, 1965,
Book 371, Page 72. The parcel in question was part of a larger tract as of January
1, 1973; however, the parcel still qualifies for exemption from subdivision as no more
than four (4) parcels have been created from the parent tract. See deeds, page 7,. I
Zoning: Currently, the County Planning Commission is reviewing the zoning for this
part of the County. The Comprehensive Plan, as referenced above, designates this
tract of land as existing in an area where lot sizes will be limited to at least ten (10)
acres per dwelling unit. The proposal will create a new lot of 9.84 acres, which nearly
complies with the proposed zoning. However, the current A/R/RD zone district is
still in effect, and this proposal does meet the zoning specified as both lots are greater
than two (2) acres in size.
C. Legal Access: Access to the exempt lot exists directly off of CR 117; however,
access to the parcel to be created is in doubt. The applicant is specifying the use of
an existing access located near the southern boundary of the residual property. This
access would be solely on the residual property as, it would appear, the bridge that
crosses Four Mile Creek, providing further access to the western portions of the
residual property. County Road and Bridge has not given authorization for an
(additional) intersection at this location. Currently, the only access to the residual lot
is over an existing driveway adjacent to the northern and western sides of the existing
house. If Road and Bridge do not approve of the proposed new access, then
easements would be necessary to provide access over the existing lot.
A secondary access and utility easement, along the southern boundary of the exempt
parcel, has been proposed to provide access to the residual parcel. This easement
appears to be located very near the roadway which accesses Oak Meadows
subdivision (Oak Way) which could, conceivably, cause negative impacts to the
intersection of Oak Way and CR 117. Staff would discourage this access easement.
D. Water: The proposal specifies the use of the Johnson Spring and Pipeline, #457, as
the source of water supply for both lots. This adjudicated spring has been the
historical water supply and deeds indicate a water right of 0.028 cubic fe per second
or approximately 12.6 GPM. See water deed attached on page . No
supporting, physical information was provided that indicates a year-round, adequate
supply of water, therefore, staff would recommend approval be conditional on
receiving assurances from a qualified hydrologist as to the viability of this spring and
supply.
Sharing of the Johnson Spring: It appears the Spring also serves a log building on the
residual property, therefore, the applicant proposes division of the water to continue
to serve the building and the residual property. It will be necessary to construct a
water -sharing agreement which will provide a legal, adequate supply of water to the
residual property, log structure and the exempt lot. Furthermore, a twenty (20) foot
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radial easement around the spring as well as a ten (10) foot easement along the
pipeline must be designated. Additionally, these easements must guarantee year-round
access to the spring and any mechanical components.
It is staffs understanding this log building was originally constructed as an agricultural
building, therefore, enabling construction without a building permit. Staff notes that
if, in the future, this structure will be used as any type of habitable structure, the
requisite building and ISDS permits must be obtained. A plat note should be
included to address this issue.
E. Sewer: The application suggests the use of ISDS if the residual property is
[eventually] developed. According to the Soil Conservation Service, soils on-site are
of two (2) general types. The first type, Acree loam (#4), tends to be a deep, well -
drained soil which formed on alluvial fans and valley sides. The soil has limitations
when used for building site development, primarily due to shrink -swell potential, low
strength and slow permeability. Structures, sanitary facilities and roads should be
designed to reflect these limitations. The second soil classification is the Showalter-
Morval complex (#95). This soil class tends to be deep and well -drained, forming on
alluvial fans, valley sides and high terraces. This soil is poorly -suited for homesite
development due to slope, shrink -swell potential, surface stoniness and, in the
Showalter, slow permeability. It is assumed that, because of the topography of the
tract, any building would occur on the Acree loam portions of the property. Staff
would recommend a plat note be included to represent these soil limitations, perhaps
requiring engineered building foundations and ISD systems for any structure,
including the existing agricultural building.
F State and Local Health Standards: No State or Local health standards are applicable
to the application with the exception of Colorado Department of Health ISDS setback
standards, which should be verified by an engineer.
G. Drainage: Four Mile Creek effectively divides the two (2) parcels to be created and
care should be taken in the siting of any new structures.
H. Fire Protection: A letter from the Glenwood Springs Department of Emergency
Services, included in the application, states that fire protection and EMS to the
parcels will continue as it does now. The Department understands that no
development is proposed at this time; however, if future development occurs, certain
requirements of the District and Uniform Fire Code may be imposed. See letters on
pages _Staff advises that any future development of the residual property
or the exem lot be consistent with recommendations of the Glenwood Springs
Department of Emergency Services.
Easements: The applicant is providing easements for the Spring, and an access near
the southern border of the exempt lot to serve the residual parcel. Any further
easements regarding utilities, access or other easements are required to be shown on
the exemption plat.
J. School Impact Fees: The applicant will be required to pay the $200.00 impact fee for
the newly created lot, prior to the approval of a final plat.
K. Natural Hazards: Portions of the parent tract exist within the designated floodplain
of Four Mile Creek. It appears that building would not be hampered as the designated
floodplain is sufficiently narrow and confined within the riparian zone. However, the
bridge that provides the only vehicular access to the western portions of the residual
property does exist within the floodplain and may be damaged in the event of a
significant flood event. See floodplain map, attached on page / Z .
Furthermore, the floodplain should be shown on the plat with a note that no building
can occur within the floodplain without obtaining the appropriate floodplain permit(s).
3-
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IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
2. That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. That for the above stated and other reasons, the proposed exemption is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
V. RECOMMENDATION
Staff recommends APPROVAL of the application, subject to the following conditions:
That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, access to a public right-of-way,
and any proposed easements for setbacks, drainage, irrigation, access or utilities, the
use of the Johnson Spring and Pipeline #457, .
::;. • "•,
3. That the applicant shall have 120 days to present a plat to the Commissioners for
signature, from the date of approval of the exemption.
4. That the applicant shall submit $200.00 in School Impact Fees for the creation of
each exemption parcel.
PtAIeS ra /3 e- DZMe; C,,
5. A determination as to the adequate supply of water, and its quality as it would pertain
to human usage and consumption, from the Johnson Spring and Pipeline #457 be
provided from a qualified, hydrologist or registered engineer prior to the signing of
an exemption plat.
6. Control of noxious weeds is the responsibility of the property owner.
7 That the following plat notes be included:
FIAT
CNp(116 i^J
A'D WAvit-jk.
8.
icy
Cup. 5(;4't,
"Soil conditions on the site may require engineered septic systems and foundations.
Site specific percolation tests at the time of building permit submittal shall determine
specific ISDS needs on thes te."
>J ()it- gsrEN (-61-7-1 YZ
"Portions of this property exist within the designated floodplain of Four Mile Creek.
Any future modifications may require permits from Garfield County Building andoe
Planning Department, Army Corps of Engineers, or other agencies." u�
o f Ancit t L -}I L (s 5 G, Atv c 6 of !�'� j ,v4' S Fes. 2/ 5 05 /4/, 00,1," 6
"In the event the log building is ever used as anything but an agricultural building, the T11E-t
appropriate building and ISDS permits must be obtained as well as the required
q inspections." ��
(V/itt cis A5 (Del -06c1"7'6 Pa(' 5H INS Aeace;meNT ,
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Approval from County Road and Bridge regarding the siting of the intersection of CR
117 and the new driveway, prior to the signing of a final plat. pt,5/CGiq C. c41,610
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A legal, water sharing agreement esi coati use water from the Johnson
Spring and Pipeline #457, the amount of water that will serve each lot, and how the
water will be divided and controlled, /must be submitted prior to signing of a final plat.
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AI'I'ROXIMATE LOCM IUN OF / �' ��
(•. r EXEMPTION LO1
FOURl.111_E CREEK BASED ON
AND DIGIIIZFD FROM A
GARFIELD COUNTY ASSESSOR'S
MAP.
EXEMPTION DESCRIPTION
S 89'10.33'E
2101,15'
A TRACT OF LAND SITUATE WITHIN A PORTION OF THE NWI/4 OF SECTION 15. TOWNSHIP 7 SOUTH
RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE W3STERLY RIGHT-OF-WAY OF COUNTY ROAD 117 (FOUR NILE ROAD) AT AN EXISTING
FENCE LINE AS CONSTRUCTED AND IN PLACE. BY THE GARFIELD COUNTY PUBLIC WORKS DEPARTMENT,
AND WHENCE THE NORTHWEST CORNER OF SAID SECTION 15 BEARS 0 70 DEGREES 14'33' W 1512.76
FEET: THENCE S 73 :)EGREES 47'40' W 255.74 FEET TO TIIE APPROXIMATE CENTERLINE OF FOUR MILE
CREEK: THENCE ALON3 SAID CENTERLINE TI -IE FOLLOWING NINE (9) COURSES: S 02 DEGREES 28'59' W
95,79 FEET: THENCE S 04 DEGREES 50'47' E 230.22 FEET: THENCE S 15 DEGREES 00'43' E 229.33
FEET: THENCE S 51 lCGREES 04'32' E 130.48 FEET: THENCE S 39 DEGREES 39'59' E 140.20 FEET:
THENCE S 42 DEGREES 00'33' E 252.75 FEET: THENCE S 20 DEGREES 06'50' E 215.08 FEET: THENCE
S 18 DEGREES 34'27' E 143.16 FEET: THENCE S 25 DEGREES 03'45' E 126.36 FEET: THENCE
DEPARTING SAID CRErK 5 89 DEGREES 18.33' E 228.40 FEET TO THE WESTERLY RIGHT-OF-WAY OF
COUNTY ROAD 117 (FOUR MILE ROAD) AT AN EXISTING FENCE LINE AS CONSTRUCTED AND IN PLACE
BY THE GARFIELD COUNTY PUBLIC WORKS DEPARTMENT: THENCE ALONG SAID FENCE LINE THE FOLLOWING
NINE (9) COURSES: N 26 DEGREES 33.16' W 359.77 FEET: THENCE N 26 DEGREES 48'59' W 116.97
FEET: THENCE 0 18 (DEGREES 44'14' W 109.08 FEET: THENCE N 22 DEGREES 04'04' W 227.40 FEET:
THENCE N 22 DEGREES 10'53' W 49.15 FEET: THENCE N 18 DEGREES 17'51' W 225.80 FEET: THENCE
IJ 19 DEGREES 42'21' W 198.74 FEET: THENCE N 26 DEGREES 34'11' W 135.13 FEET: THENCE
N 27 DEGREES 17'21' W 146.40 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINING
9.84 ACRES MORE OR LESS.
COUNTY OF GARFIELD
STATE OF COLORADO
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Book 371 Recorded at 2.;_11 o'clock.4 M.,'....N.?.Y.A.�1965
Page 72 Reception -2.322.8. �i.klyd.S .....,.....K.G.e.P.c7.lA., Recorder.
THIS DEED, Made this h day of November
in the year of our Lord one thousand nine hundred and sixty—five
between
ELWOOD A. GEORGE and SYLVIA L. GEORGE
of the County of Garfield
and State of Colorado, of the first part, and
EUGENE M. SPEAR and GLAPIiY A. SPEAR
of the County of Garfield
and State of Colorado, of the second part:
WITNESSETII, That the said part ies of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION
'i?Oi tt R 9
to the said par9-eS of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha V e granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot S or parcel S of land, situate, lying
and being in the County of Garfield and State of
Colorado, to -wit:
Lots 4 and 6, Sec. 9, Tp. 7 S., R. 89 W. of the 6th P. M.
Also that part of the NW 1/4 SE 1/4, Sec. 9, Tp. 7 S., R. 89 W. of
the 6th P. M., lying South and Southeast of a line extended from a
point 100 feet S. of the Northeast corner of said NW 1/4 SE 1/4,
Southwesterly to a point 100 feet North of the Southwest corner of
said NW 1/4 SE 1/4, Section, Township and Range aforesaid.
Also, lots 2, 3, 5 and 7 in Sec. 9; Lots 1, 2, 3, 4, 5, 6, 8 and 9
in Sec. 10; Lots 1, 2, 3, 5 and 7 in Sec. 15; and lots 1 and 2 and
the S 1/2 NE 1/4 and NW 1/4 SE 1/4 in Sec. 16, all in Tp. 7 S., R.
89 W. of the 6th P. M., together with the IIardwick Ditch, otherwise
known as the R. L. Hardwick Ditch and the First Enlargement there-
of, and their water rights taking water from IIardwick Gulch or
Overland Gulch, The Doose Ditch and First Enlargement thereof, and
their water rights, taking water from Four Mile Creek, the Cooley
Ditch and its water rights, taking water from Four Mile Creek, and
any and all other ditch and water rights belonging to, used upon
or in connection with the lands above described.
Together with the Public Domain Grazing rights and privileges con-
nected with the above described real estate.
There is excepted from the conveyance of the above described prop-
erty, those certain parcels of land described by the following deeds
recorded in the County Clerk and Recorder's office of Garfield
County, Colorado, as Document Numbers 187172 in Book 279 at Page
569 and 197425 in Book 300 at page 47.
EXCEPTING easements and rights—of—way of a public or private nature,
and all prior mineral reservations.
EXCEPTING a Deed of Trust to the Public Trustee of Garfield County
to secure promissory note of Elwood A. George and Sylvia L. George
payable to Ralph E. Michels and Lyla M. Michels, dated November
10, 1961, recorded in the office of the Clerk and Recorder of
Garfield County, Colorado as document No. 215672 in Book 337 at
Page 508, which the parties of the second part_ herein assume and
agree to pay.
TOGETIHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 768. WARRANTY DEED—To Joint Tenants--tlradford-Robine nting Company, 1824-46 Stout Street, Denver, Colorado
maim
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Book 37177
'1'O HAVE AND TO HOLD the said premises above bargained and described, with the appurte�nllCeg�ntbAhe
said parties of the eec?Qnd fejt, their heirs and nsslgna forever. And the said part iesof the first part, for
theit-ael VeS, L11e heirs, executors, and administrators, do covenant, grant, bnrgnin and agree to
and with the said parties of the second part, their heirs and assigns, that at the time of the ensenling and delivery
of these presents, they are well seized of the premises above conveyed, ns of good, sure, perfect, absolute
and indefeasible estate of inheritance in law, in fee simple, and ha ve good right, full power and lawful authority
to grunt, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from
all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature,
soever, except_ the 19115 taxes, payal)te in 196,
and the above bargained premises In the quiet and peaceable poneeaslon of the maid parties of the second part, their
heirs and assigns, against all and every person or persona lawfully claiming or to claim the whole or any part thereof,
the said parties of the first part shall and will WARRANT AND FOIZEVIR DEFEND.
IN WI'T'NESS WIIEREOF, the said part leSof the first part ha Ve Hereunto set their hand S and
seal S the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,
County of GARFIELD -
5tlt
Tie ffjlegoing instrument was acknowledged before Inc this day of November
1965 j. .. ELWOOD A. GEORGE and SYLVIA L. GEORGE.
, 't,.'f'dc\aillmlasion expires July 27 , 19 69 , 1Vitttess my lrntld and official seal.
n\
}SS.
`I-1?[SEAL]
ELWOOD A. GEO9G
S I,q Ill G1:Un6 [SEAL]
[SEAL]
Notary Public.
•If by natural person or persons here Insert name or names; 1f
then Insert name of person as executor. attorney . ""re"—^" ♦ .....a,.....�.......,.. • I,
officer or officers, as the preeldent or other
1' persons acting In roprenentative or offle sLurrmclte n a. attar -
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JOHNSON SPRING AND PIPELINE, NO.
The claimants of said structure aro LLOYD R. JOHNSON and JEAN L.
J011T150iJ of Glenwood Sprinrs,
Colorado.
The source of supply of the structure by means of which water is
diverted to the Johnson Spring.
The headgate and point of diversion of said structure is a spring
located at a point whence the Northwest Corner of Section 15, Township
7 South, Range 89 Wost of the Sixth Principal Meridian boars North 0.231
West 2123.0 feet.
The purpose for which the water diverted through said structure 13
used is irrigation, domestic and other beneficial purposes.
The priority data to which the appropriation hereby awarded said
stricture is entitled ie July 1, 1909.
;laid appropriation was made by original construction. Said structure
Is entitled to No
��with Priority No. 67)0 for .028 of a cubic foot
of wa'..er per second of time.
1•; HEREFCaE, IT IS ORDERED, ADJUDGED AND D};CP.EED, that there bo allowed
to flow into tho aaid Johneon Spring and Pipeline from Johnson Spring,
for
the use and benefit of the p Y
parties lawfully entitled thereto, under arra by
virtue of original construction, Priority No.
‘'for .028 of a cubic
foot of water por second of time.
0
9-7-95
•
DEPARTMENT OF EMERGENCY SERVICES
EMS • FIRE • RESCUE
Mr. John Schenk
Schenk, Kerst & deWinter
302 Eighth Street, Suite 310
Glenwood Springs, CO. 81601
Dear John,
This letter is in regard to the subdivision exemption proposed by Eugene and Glaphy Spear.
The property is within the boundaries of the Glenwood Springs Rural Fire Protection District
and fire protection and EMS services to the parcels will continue as it does now.
It is understood that no development is proposed at this time for either parcel. If in the future,
development is proposed, the property owners need to be aware that certain requirements of the
District and Uniform Fire Code may be imposed depending on the type of development. If in the
future a development is planned, please see a representative of our department to discuss these
issues.
As it stands at this time, we have no objections to the proposed exemption. If you have any
questions or need our assistance further, please give me a call.
Sincerely,
J: ' Jones Asst. Chief, Glenwood Springs
Dept. Of Emergency Services
cc: file
806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (303) 945-2575 • FAX (303) 945-2597
411
• 1
10-13-95
• •
DEPARTMENT OF EMERGENCY SF
1l'D
�e ..
Mr. Eric McCafferty
GARCO Planning Dept.
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Dear Eric,
EMS • FIRE
RESCUE
OCT 1 6 1995'
rt.
GAFtit
ii
I have received the information on the Spear subdivision exemption and I offer the following
continents:
1. This property is within the boundaries of the Glenwood Springs Rural Fire Protection District
and fire and medical response will be provided by the Department of Emergency Services as it
does now regardless of the split.
2.The property owners should be aware that any future development of this acreage may fall
under the requirements of the Uniform Fire Code as it pertains to water supply, access and
wildland mitigation.
3. If the area is further developed, we will look at proper lire flows, road widths, grades and
surfaces. If a new bridge is built, it will have to be able to support the weight of fire apparatus.
Wildland fire mitigation will also be reviewed as to type of construction and safe zones around
the homes.
At this time we have no problems with the splitting of the property as long as all parties are
aware of the potential code requirements. If you have any questions, please give me a call.
incerely,
Jones Asst. Chief,
lenwood Springs Emergency Services
cc: file
806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (303) 945-2575 • FAX (303) 945-2597
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