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HomeMy WebLinkAbout1.0 Application19ll Tl ON FOR EXEMPT 1 ON Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) -(d) as arrended, and the Subdivision .Regulations of Garfield County, Colorado, adopted January 2, 1979 Section 2.02.01 (d) and 3.02.0l the undersigned._~a~..e:t:k~~~-_c~~=-"h~pt~~-'-·-­ ~~~~-~~r_a_~-~~~~~~~~~~----------~respectf~ly petitione~·~e Board of County Commissioners of Garfield Courjty, Colorado, to exempt by resolu- ti on the division of acre tract of 1 and into ~ / tractf of ~~~~~ ~~~~~~~ approximately. 018 ' acres each, more or less, from the dtfiniti~ns of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a)-(d) and the Garfield County Subdivision Regulations, for the reasons stated below: tr , ... ) In support of_ this petition, the petitioner also submits the following: A. Map drawn to scale showin9 proposed lot subdivision and access. B. Copy of deed C. Vicinity map D. Statement on source of domestic water E. Statement on method of sewage disposal F. 100 year floodplain infonnation where live stream crosses or adjoins said tract G. Evidence of the soil types H. Copy of Assessor's map showing the property ~: ~~=c~~c~~ed:~~~~~t~~n$o~~~~~ loc~tion K. $200.00 fee for each new lot created Submitted at Glenwood Springs, Colorado, this day -E X EM P T I 0 N • # One of the following req uireme nts must be met to qualify for an exemption from the Ga rfield County Subdivision regulations: 1. The newly created parcel will be for a spouse, son, daughter, or spouse of a deceased child. 2. The subdivided parcel is split by a public right-of-way (State or Federal Highway, County Road or Railroad) or natural feature preventing joint use of proposed tracts and the division occurs along that public right-of-way or natural feature. 3. The newly created tract will be owned by a public entity or will be used solely for the purpose of providi ng access to existing parcels, resulting in the creation of no additional tracts. 4. The conveyance is for the purpose of adjusting property lines, and the conveyed tracts become part of ex i sting tracts, there being no new parcel created. 5. The proposed tracts were created and separately identified prior to the 1st day of September, 1973, or we r e created and separately identified through the exemption process prior to the e f fective date of this resolution. 6. The property being subdivided has been under the same ownership for at least five (5) years, and the division together with any earlier permitted under circumstances not defined a bove, will create no roore than three (3) new tracts under 35.0 acres in size. All new parcels created must meet all requirements of the applicable zone district. Procedures: 1. Applicant wi l l obtain a copy of the petition for exemption from the Planning Off i ce. 2. The completed petition for exemption will be returned with the required information as outlined on the application. 3. Upon review and determination that the application is complete, a meeting with the Board of County Corrrniss i oners will be set by the Planning Office. 4. If approved by the Board, a lega l description of each new tract created will be furnished to the Plannin g Department within 120 days. A resol- ution will be prepared and signed by the Chairman of the Board granting the exemption. The following information will be submitted along with the petition for exemption: A. Map drawn to scale showing proposed lot subdivision and access, existi _ng homes, wells, etc. B. Copy of deed and letter from property owner, if other than petitioner. C. Vicinity map with the total property acreage outlined (copy of USGS quadrangle map showing property location or equivalent). D. Statement on source of domestic water to each tract (individual well, corrrnunity we l l, spring, cistern, municipal system, etc.) If a co1T111unity or municipal system will provide service, then a letter from the governing body stating the willingness to se rve the parcels must be provided. Please indicate clearly whether you are referring to pro posed or existing service. E. Statement on method of sewage di sp osal (individual system or com,munity system). If a community or municipal system will provide service, then a ~ .. --r ___ ~ .f-h,,, nrwornina hodv s t ating the willingness to serve the parcels ------~+o.-;..inn tn CONTRACT OF SALE AND PURCHASE THIS CONTRACT is made and entered into this '{l "'IJl-day of April, 1984, by and between William C. Bradford and Roanne L. Bradford(hereinafter "Sellers") and George L. Ramsey and Nettie L. Ramsey(hereinafter "Buyers"), witnesseth: WHEREAS, Sellers are the owners of Lot 1, Block 6, Vista Heights, Gar- field County, Colorado, and Buyers are the owners of Lot 2, Block 6, Vista Heights, Garfield County, Colorado; and WHEREAS, Sellers have agreed to sell and Buyers have agreed to buy a parcel of land from the northerly portion of Sellers' said Lot 1, to enable Buyers to construct a garage on said Lot 2 in conformity with the applicable set-back and building regulations. NOW THEREFORE, the parties hereby agree as follows: 1. Property. Sellers have agreed to sell and Buyers have agreed to buy that parcel of land described on Exhibit "A" attached hereto and depicted in red on Exhibit "B" attached hereto, which Exhibits are incorporated herein by this reference. 2. Price. Buyers shall pay Sellers a total purchase price of FIVE HUNDRED AND N0/100 DOLLARS($500.00) for the above described property, which payment shall be made in full, in cash or certified funds, at closing. 3. Contingencies. This contract is expressly contingent upon the following: (a) Buyers obtaining all necessary governmental approvals to allow Sellers to convey said property to Buyers, including subdivision exemption approval; and (b) The parties obtaining the release of said property from the lien of Sellers' deed of trust given for the benefit of World Savings and Loan Association, which deed of trust currently encumbers all of said Lot 1. The parties shall make diligent and reasonable efforts to satisfy the above stated contingencies. If said contingincies are not fully satis- fied within 60 days following the signing of this contract, then this contract shall be deemed .terminated and the parties shall be released from all further obligations hereunder. 4. Closing. This contract shall be closed within 10 days following satisfaction of the above stated contingincies, on such date and at such time and place as the parties shall mutually agree. At closing Buyers shall pay the full purchase price to Sellers· and Sellers shall execute and deliver to Buyers a warranty deed conveying the property Bradford/Ramsey Contract Page 2 described on Exhibit·"A" attached hereto, free and clear of all liens and encumbrances, except and subject to general property taxes of a current nature, easements and rights-of-way of record or as established and in place, U.S. Patent reservations, oil, gas and mineral reservations of record, and covenants and restrictions of record. 5. Default. Time is of the essence hereof. If any payment is not made or if any obligation is not performed as herein provided, the non-defaulting party may: (a) Declare this contract terminated, whereupon the parties shall be relieved of all further obligations hereunder; or (b) Treat this contract as being in full force and effect and shall have the right to an action for specific performance or damages, or both. 6. Binding Effect. This contract shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. THE PARTIES have affixed their signatures hereto the day and year first above written. .. PROPERTY DESCRIPTION LOT 1, BLOCK 6, VISTA HEIGHTS SUBDIVISION A PARCEL OF LAND LYING AND BEING SITUATE IN LOT 1, BLOCK 6, VISTA HEIGHTS SUBDIVISION, COUNTY OF GARFIELD, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1, BEING MONUMENTED BY A STEEL PIN AND CAP LS 10380; THENCE N 75°48'41" E ALONG THE LINE COMMON TO SAID LOT 1 AND LOT 2, BLOCK 6, VISTA HEIGHTS SUBDIVISION, A DISTANCE OF 109.32 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, BEING MONUMENTED BY A 1/2" IRON PIPE, SAID MONUMENTS AS DESCRIBED ON A MAP PREPARED BY GINGERY ASSOCIATES, INC. JOB NO. 902.008 SAID LINE BETWEEN MONUMENTS BEARING N 75°48'41" E BEING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE S 02°06' W ALONG THE EASTERLY LINE OF SAID LOT 1 A DISTANCE OF 15.00 FEET; THENCE S 83°36'40" WA DISTANCE OF 106.09 FEET TO THE POINT OF BEGINNING, DESCRIBED PARCEL CONTAINING 787 SQUARE FEET MORE OF LESS. EXHIBIT "A" TO BRADFORD/RAMSEY CONTRACT -;·-----------~-------------------- I I I I I Lof 3 Loi-2 Lof I ' IQ(o .O "' ' "' " " '\ \ \ \ \ \ \ \ \ I I I I I I I I I Ii-. I S 1S 1& ~ I ~ 1~ I~ ~ I~ ~ I I I I 18 {I I I~ I I 0 I I~ I I{) I I I I I I EXHIBIT "B" T O BRADF ORD /RAM SE Y CO NTRACT -5c..ale.. ///= ~ /