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HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO JOINT PETITION FOR EXEMPTION Pursuant to Colorado Revised Statutes (1973) Section 30-28-101(10)(d) as amended, RIMLEDGE URANIUM AND MINING LIQUIDATING TRUST, by and through its Trustee, JAMES NOENNIG, which trust is the successor in interest to RIMLEDGE URANIUM AND MINING CORPORATION, (hereinafter referred to as Rimledge), and MICHAEL L. STRANG and KATHLEEN S. STRANG, (hereinafter referred to as Strangs), hereby jointly petition the Board of County Commissioners of Garfield County to exempt by resolution two tracts of land more fully hereinafter described, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in Colorado Revised Statutes (1973), Section 30 -28 -101(10(a) -(d) and in the Subdivision Regulations of Garfield County, Colorado, for the reasons set forth below: 1. Rimledge and Strangs own certain contiguous tracts of land in Garfield County, Colorado, Township 7 South, Range 87 West, located in the Missouri Heights area in Garfield County. 2. For the purpose of equalizing a previous land exchange between the Strangs and Rimledge, the parties have agreed to exchange that parcel of land owned by Rimledge, appearing in red on Exhibit A attached hereto, for that parcel of lama owned by the Strangs and appearing in green on Exhibit A. A more precise description of the two parcels is set forth in the proposed Quit Claim Deeds attached hereto as Exhibits B and C. 3. Access to each of the tracts of land to be conveyed is available by virtue of the county road adjoining each tract. 4. The parties represent that they will not convey such separate tracts to other parties subsequently other than as a part of the land ownership contiguous thereto without further proceedings as provided for in the subdivision regulations of Garfield County, Colorado, as amended. Dated at Glenwood Springs this 7 day of June, 1978. Michael L. Strang 0393 102 Road Carbondale, CO 81623 I Kathleen n S. Strang 0393 102 Road Carbondale, CO 81623 James Noennig, Trustee Rimledge Uranium and Mini Liquidating Trust 818 Colorado Ave. Glenwood Springs, CO 81601 g RICHARD D. LAMM Governor DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 August 16, 1978 Ms. Stephanie L. Andreasen Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Strang Exemption Dear Ms. Andreasen C.J. KUIPER State Engrneer--��--1 • [AU G211978 We have reviewed the material submitted concerning the above referenced exemption application. We feel that a land exchange such as this should be exempted from county subdivision regulations since only the ownership of the property will change. Since no new lots will be created, this office could issue a household use only well permit on the lot and we recommend approval of the Strang Exemption. CJK/GDV:mvf cc: Lee Enewold, Div. Eng. Ralph Stallman Very truly yours, per gineer RONALD W. JOHNSON WALTER E. BROWN III RONALD W. JOHNSON ATTORNEY AT LAW P.O. BOX 983 905 GRAND AVENUE, SUITE 3 GLENWOOD SPRINGS, COLORADO 81601 June 26, 1978 Bob Witkowski County Planner County of Garfield 2014 Blake Glenwood Springs, CO 81601 Re: Joint Petition for Exemption Rimledge - Strang Trade Dear Mr. Witkowski: "�"�,•-n•-fir'` GARilai.) CU. 7 KAIiiiER JUL u 1978 PHONE: (AC) 303-945-8582 Enclosed is a Joint Petition for Exemption from Subdivision Regulations between two parties who have ex- changed property previously in an effort to make the county road between the properties owned by the two parties the actual dividing line of their properties. Unfortunately, as I explained to you by telephone, one parcel, the parcel colored in red was apparently accidentally left out of the previous exchange as it was property east of the county road which should have been exchanged to Mike Strang. Then the parties realized that there was a considerable discrepancy between the amount of property exchanged, so the current exchange and petition for exemption is an attempt to equalize the amount of acreage exchanged between the properties and to convey that parcel to Mr. Strang which is east of the county road. I understand you will have to submit this to the Division of Water Resources with reference to the feasibility of placing an exempt well on the premises. I understand that upon your review and submission to the Division of Water Resources that the matter would be placed on the agenda for the July meeting of the Commissioners for approval. Should you have any questions with reference to the matter, please feel free to contact me. RWJ:bk cc: Fern McCormick James Noennig � � Od n • -18 •• U L II •-• rblyi 7400 —i /1 • \ \ -\00 zoo 1370 -, 27.30' u69 • .L3 1 }t�• \\N„.1',I S y .'� f. NeSJ✓ 7,25 ,i \o \ •1 6875-. /\ �. II II n /: 6 1 e N I n I. J I ii • ( ,- _. _ ----- — - tom •11 - -7092 1. i • x6875- / u67 166 -"--� \:1 ' II .� .�-l. a / / " _----____;5---,„=„2,_...-69/8. 7009 �- l' i I l r •'7" it J } L \ 29 11 R I'll` -\i '5\ ''''•-•'----`-' �) 15 I /1 ��)j i�l l 1 \ f `\�.\ \ tr /'( 7197 9 6400 _ 16289 -— _- 36 --� Catherine Ill R O ,1 A Mulford G/= 74 ---------.--_, m ll O ' 1 . \ •� u64 .n, _ N - i- 1111 ti~ X02 �7 • - - :-_, ---.--.1153 48 '/` . Q•,1 V_E—32 Exhibit A Joint Petition for Exemption RIMLEDGE - STRANG Recorded at Reception No o'clock M., Recorder. THIS DEED, Made this day of 19 78 , between RIMLEDGE URANIUM AND MINING LIQUIDATING TRUST, of the County of Garfield , State of Colorado, of the first part, and MICHAEL L . STRANG and KATHLEEN S. STRANG, 0393 102 Road, Carbondale, of the816 2 3 County of Garfield and State of Colorado, of the second part : Recorder's Stamp WITNESSETH, That the said part y of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATIONXl2MIXX$S to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and quit claimed, and by these presents d(bs remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described lot or parcel of land situate, lying and being in the County of Garfield and State of Colorado, to wit: Township 7 South, Range 87 West of the 6th P.M., all that portion of land owned by the party of the first part located in the NW4NEa os Section 19, lying easterly of the centerline of the county raod as installed running in a northerly—southerly direction through Sections 18 and 19. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi- leges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said part Y of the first part, either in law or equity, unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy. IN WITNESS WHEREOF, The said part Y of the first part ha s hereunto set its hand and seal the day and year first above written. RIMLEDGE URANIUM AND MINING LIQUIDATING TRUST [SEAL] Signed, Sealed and Delivered in the presence of STATE OF COLORADO, County of Garfield The foregoing instrument was acknowledged 19 78 , by James Noennig as Trustee }SS. My commission expires WITNESS my hand and official seal. By James Noennig, Trustee [SEAL] [SEAL] before me this day of of Rimledge Uranium and Mining Liquidating Trust. Notary Public. No. 962. QUIT CLAIM DEED.—To Joint Tenants. Street, DenvS r. Colorado (573-5011) —7-75 EXHIBIT C TO RIMLEDGE STRANG PETITION Recorded at o'clock M., Reception No ......... THIS DEED, Made this day of , 1978, Recorder. PY between MICHAEL L. STRANG and KATHLEEN S. STRANG, husband and wife, of the County of Garfield and state of Colorado, of the first part, and RIMLEDGE URANIUM AND MINING LIQUIDATING TRUST, 818 Colorado Ave., Glenwood Springs, CO 81601 and state of of the County of Garfield Colorado, of the second part, W1TNESSETH, That the said parti e S of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION APA4Rftx to the said part ies of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the said part y of the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said part ies of the first part ha ve in and to the following described lot or parcel of land situate, lying and being in the County of Garfield and State of Colorado, to wit: See Exhibit A attached hereto. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part1eS of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part y of the second part, itS heirs and assigns forever. IN WITNESS WHEREOF, The said part ies of the first part ha Ve hereunto set theirhand S and seal S the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, ss. County of Garfiel Michael L. Strang, husband Kathleen S. Strang, wife [SEAL] [SEAL] [SEAL] [SEAL] The foregoing instrument was acknowledged before me this day of 1978,by' Michael L. Strang and Kathleen S. Strang, husband and wife. , 19 . Witness my hand and official seal. My commission expires Notary Publie. No. 933. QUIT CLAIM DEED.— Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado —1-77 EXHIBIT B TO RIMLEDGE STRANG PETITION Z6 4c, ,V'11//5 /4 65--c. /8) ,G'Z E. / //t/C// r /OO FEE T A A parcel of land situated in Lot 12 of Section 18, township 7 South, Range 87 West of the Sixth Principal Meridian lying Easterly of the Easterly line of County Road No, 100? Southerly 0 of the Northerly line and Westerly of the Easterly line of said Lot 12, said parcel of land is described as follows: Beginning at the East Quarter corner of said Section 18; thence S. 88° 32'27" W. 1324.03 feet along the East-West centerline of said Section 18 to the Southeast corner of said Lot 12; thence N. 00°20'41" E. 116.90 feet to a point in a fence as constructed and in place the True Point of Beginning; thence N. 87°32'03" W. 216.81 feet along said fence to the Easterly line of County Road No. 100; thence N. 33°23'06" W. 479.76 feet along the Easterly line of said County Road to a point on the Northerly line of said Lot 12; thence N. 89°39'26" E. 483.10 feet along the Northerly line of said Lot 12 to the Northeast corner of said Lot 12; thence S. 00°20'41" W. 412.82 feet along the Easterly line of said Lot 12, to the True Point of Beginning. The above described parcel of land contains 3.26 acres, more or less. December 27,1977 SCARROW AND WALKER/KKBNA, INC. 204 8th Street Glenwood Springs, Colorado EXHIBIT A STRANG TO RIMLEDGE ez,e- Ale � n ege'.3a z7� 504.0 3