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HomeMy WebLinkAbout1.0 Application110 :3eroO'r11E BOARD OF COUNTY COIlIIISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1931 Section 2:20.49, the undersigned Cien•C(iembers Dorothy 1. Chambers respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by ', Resolution the division of '�� acre tract of land into ill's --- tracts of approximately 3,41acres c�ac' ----- n, more or less, from the definitions 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: Mr. and Mrs Chambers wish to divide their ranch into 4 parcels in which 3 of the parcels will be greater than 35 acres. These 3 large parcels will be deeded to their children. The S.B. 35 parcel is the existing home and i.mp-rovemen-s Mal tireowners wt -?-live in. SUBMITTAL REQUIREMENTS: An application Which satisfies the review criteria must be submitted with all the following information. A. Sketch map at minimum scale showing the legal description at ahe of 1" - property, dimension and area of all lots or separate interests to right-of-way, and ani be created, access to a public proposed easements for drainage, irrigation, access or utilities; S. Vicinity nap at a minimum scale of 1"-2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) piles, for which a copy of C U.S.G.S. quadrangle reap nay be used. Copy of the deed showing from the ownership by the applicant, or a letter property owner(s) if other than the applicant; and D. Naves and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of be exempted, and tenants of record of the property to conversion; and any structure proposed for E. r Evidence of the soil types and characteristics of each type; and Proof of legal and adequate source of domes created, method of ��_ tic water for each lot sewage disposal, and letter of approval of G. fire protection plan from appropriate fire district; and If connection to a community isproposed,letter from ormunicipal or sewertt ngstea a :willingness to serve; and governing body Mating a H. Narrative explaining why exemption is being requested; and It shall be demonstrated I'^ rated that the parcel existed as- derc January 1, 1973 or the parcel as it exists presentlyJisibed one oon f not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A S100.00 fee must be submitted with the application. Peti.tioner G].en and Dorothy I. Chambers -� 28584 U.S. Highway 6 & 24 1a 1 1 i n n Ad r e s s Rifle Colorado Ci t: f 625-].860 Telephone Number State L of tvv � •`. ., Ltt.(.tie: .,c v -..'w! 'i a:...OJ 1:t'!I set y.rJ J:l „.1 . . r - 'w M ;'w' G., '.t y.�n7;,.. f.i : J. �!. ,Ver. :o.. yC 9i :.+„• = Te 1 i� `: •P��� (IC •!J: v:�:) L.l •�u.i � ,,101.11 •t _:7{G: I 11 y7ili �jILL` x►V' ryis E;41, 4"a1 OctNima,, ra ..-.w✓w�an �y n..l a w 2 T e cco �A 1Q81J Recorded of ndock�_M 3V14;/.42 MILDRED AISDORf, RECORDER Rac/pl'wn No. ��— w AGREEMENT(" (.42- Li ,t w., *+day of September, OREEMENT, made and,enteted66 into this CHAMBERS — of Rifle, TH15 A and DORTHY I. 1981, A.D. by and Between GLEN 0• and DICK CASEY CONCRETE, INC. Colorado, hereinafter called "LESSOR' of Rifle, Colorado hereinafter called "LESSEE". W1TNESSETH THAT: The parties hereto, for and in consideration of the mutual covenants and agreements herein contained, do hereby agree as follows: rant, demise and lease to the lessee for does hereby g for, mining, removing, 1. The Lessor se of exploring sand'and gravel (aggregate)' and to the exclusive and only purpose crushing, washing and marketing produce and market the following described land, produce and market Ready Mixed Concrete, and to p Asphalt, thereon and therefrom. Colorado, Hand, situated in the County of.Carfiel.d, State cf LEGAL DESCRIPTION Of a 10 acre parcel of land lying in the Southwest one-quarter of Section 11, Township 6 South, Range 0) West of the 6th Principal Meridian, Garfield County, Colorado, being more par- ticularly described as follows: 11. Beginning at a point whence the Southwest Cor tit,mer of Section in bears S88°42'00" , 1393.89 feet; thence N17°55'45 660.00 feet; hence N72°04'15"E, 660.00 feet; thence 517°55'45"E, 660'00 t feet; 572°04'15"W, 660.00 feet to the point of beginning. Containing 10.000 acres, more or less' will be adjusted and established by 2. The exact boundry locations � mining operations. the Lessor and Lessee before commencing te and eby acknowledged of ONE DOLLAR and other good 3. Receipt is heron the execution of.,thia lease. valuable considerations as consideration Up 011 ten., of five years from the date T'0 HAVE AND TO HOLD said land for COLORADO MINED LAND �� 4. d bthe • has been approvey Che "PERMIT APPLICATION' and conditions herein provided. RECLAMATION BOARD, and subject to the Lerma The "Royalty"payment shall be in the amount of thirty-fiVe cents 5. ate removed and marketed • per ton for each and every ton of aggregate the eke month fro the) be made on the 20th day of fra, premises, with payment to following the removal from said premises' e°\'L 02 0 6 JAN 171979 �eoorded at o'clock_._ M Reception No. 15 - Mildred A1sdOff, Recorder' AGhEEMENT n'I'�If 5211, ►ist THIS AGREEMENT. made and entered into this .;(. 14 day of Dec- ember, 1978, A.D., By and between GLEN O. and DOROTHY I. CHAMBERS of Rule. Colorado. hereinafter called " LESSOR " . and DICK CASEY CONCRETE, Inc. of Rifle, Colorado, hereinafter called " LESSEE " WITNESSETH THAT t The parties hereto, for and in consideration of the mutual covenants and agreements herein contained, do hereby agree as follows: ly The Lessor does hereby grant, demise and lease to the Lessee for the exclusive and only purpose of exploring for. mining, removing, crushing, washing and marketing sand and gravel ( aggregate ) , and to produce and market Ready Mixed Concrete, and to produce and market Asphalt, thereon and therefrom. the following described land, situated in the County of Garfield. State of Colorado, to -wit: A tract of land extending 500 ft. East from the North East corner of abandon gravel pit No. 3 ( bee Map) ( Exhibit "C" ), thence North paralleling section lines, to the point of intersectioa with the East side of the existing access road: thence North paralleling the East side of the access road to the Rio Grande Railroad Trask. thence West 30 ft., thence South paralleling the West side of Access Road to a Point 800 ft. North of the South East corner of the permit boundry line, thence West 500 ft., thence South for 800 11., return- ing to the point of organ; Containing 9.59 Acres; Located in the S.W. 1/4 S.W. 1/4 Sec. 11 and N.W. 1/4 N.W. 1/4„ Sec. 14 Township 6 South Range 93 W. of 6 th P!M. 2L The exact boundary locations will be adjusted and established by the Leaser and Lessee before commencing the mining operations. 3 Receipt is hereby acknowledged of ONE DOLLAR and other good and valuable considerations as consideration epos the execution of fids lease. TO HAVE AND TO HOLD said land for a terra of five years from the date the " PERMIT APPLICATION " has been approved by the COLORADO MINED LAND RECLAMATION BOARD. and subject to the terms and con- ditions herein provided. r 1 • EXHIBIT A 10144aGtZtPTt044 A P4iZ.GEt` OF 1..tao.10 'SkTul.Tt± 111 LoT i, "SEc.lt0>a iZ„.'rpWNJ tP 4 SCuZH, 2,t,N6.&93 v,EST Oti: T►tE 4.1"1-1 ?R11.1c'PAL MEetDttbA.1 U 4L RLY DF TFi bQt.LN1E . ebt-at, MAO 62I.►.X E WESTe.Mt•1 Ratt..RcAt' t,Ed5CC.It5ELP �S Fc-�J*6i - 5sC,..t►.1N11.1G .e.T r. P0,11.1T Tr *. SOUT4-iEASTTc2L.`C MiC.1+T-Of-vJ4.r! OF 5/stt, R,4b1l.- .u.f2b&D 444EaCe Tf1E '.i'T01.►EAST t/4 GOR►•1E2.. 8eoes - ►J$?`7�'S�t3'� d.14-,(.21 FEET; Ta}Et3CE SG4°54'41"W 4-54.IcsFERT., THENcE S St°0449° W 511.75 FEET 1 4 roc. . ..10,2T1-4 64.51 FEET; TN£►ycQ., N.1 31° 4.- oc" 150,i3 1=EETj Tt-kEw10E N. tG641'29"E 4-fl.L FLET; TttENCE 12°3S O W 57.75 Fser TO dF0114T ON Toe SOVT/- Sits-STI`.>ZLY 0.% 0.T -OF -Wt+`( OF 5I.ID QAILQ0P[>; TP}1!►NGC 4,1.Ot4G +5A11;=, 1:116.W.T-OF-WA`C A14,3011'41"E 21S. b"? FEET To Tf . PDt►aT OF $S(6.11.11SiKGs. Sates PZQGQL OF L../44D GO1.1.14.1KS 3,35 A.c.IVE5 MO¢E d2 L►ItS. CORpECTION SPECIAL WARRANTY DEED THIS DEED, Made this / r day of June, 1996, between KENNETH CHAMBERS, PATRICIA CHAMBERS and FLINT CHAMBERS, the County of Garfield and State of Colorado, Grantor, and GLEN O. CHAMBERS and DOROTHY I. CHAMBERS, Joint Tenants with Right of Survivorship, whose legal address is 28584 U. S. Highway 6 and 24, Rifle, of the County of Garfield, State of Colorado, Grantee: WITNESSETH, That the grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado described as follows: A parcel of land contained in Lot 1 (NE '/a SE'4) Section 11, Township 6 South, Range 93 West of the 6th P.M., in Garfield County, Colorado, lying southerly of the Denver and Rio Grande Western Railroad, desci bed as follows: Beginning on the southeasterly R/W line of said Railroad, whence the East '/ Corner of said Section 11 bears N. 80°42'21" E. 843.63 feet, thence along a line 30 feet easterly of and parallel to the east boundary of that land described in Book 689 at Page 484, S. 12°38'00" E. 53.20 feet and S. 16°41'29" W. 256.93 feet, thence leaving said parallel line, S. 79°39'38" E. 245.70 feet, thence S. 04°54'41" W. 382.00 feet, thence West 365.44 feet, thence along the east boundary of that land described in Book 704 at Page 435, North 59.10 feet and North 84.51 feet, thence along the east boundary of that land described in Book 689 at Page 484, N. 31°44'00" E. 150.73 feet, N. 16°41'29" E. 417.69 feet and N. 12°38'00" W. 37.78 feet to the southeast R/W line of said Railroad, thence along said R/W, N. 63°11'41" E. 30.94 feet to the point of beginning, containing 3.35 acres, more or less. Reserving to the Grantor that access license along an existing road, as more particularly described in deed recorded in Book 680 at Page 224 in the Office of the Garfield County Clerk and Recorder. as known by street and number as: 28584 U. S. Highway 6 and 24, Rifle, CO 81650 THIS DOCUMENT is executed and delivered to correct an erroneous designation of the Range in that Special Warranty Deed recorded in Book 975 at Page 467 in the Office of the Garfield County Clerk and Recorder. TOGETHER with all and singular the hereditaments and appurtenances thereto 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 Grantor, either in law or equity, of, in and to the above -bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above -bargained and described, with the appurtenances, unto the Grantee, their heirs and assigns, forever. The Grantor, for themselves, their heirs, assigns, and personal representatives do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the Grantee, their heirs and assigns, against all and every person or persons claiming the whole or any part thereof, hy, through or under the Grantor. EN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. ,�f )... �Ze Kenneth Chambers /1 / /1 ' i9 7 _ (<?// /%!%/1' (.-. Flint Chambers STATE OF COLORADO ) ss COUNTY OF GARFIELD Patricia Chambers The foregoing instrument was acknowledged before me this / y of June, 1996, by KENNETH CHAMBERS, PATRICIA CHAMBERS and FLINT CHAMBERS. Witness my hand and official seal. My Commission Expires: / 4gotary Publi • CORRECTION AFFIDAVIT REGARDING BOUNDARY LINE ADJUSTMENT The undersigned affiants being first sworn upon thereof, depose and state as follows: 1. We are the owners of real property in the unincorporated area of Garfield County, which is described in Exhibit A and incorporated herein by this reference. 2. We are desirous of adjusting the boundary lines of our lots and sign this Affidavit in accordance with the Garfield County Subdivision Regulations of 1984. 3. We hereby represent that no new lots will be created and therefore, that Garfield County will not be required to issue any building permits, other than what it would be required to issue for the already existing lots. 4. We hereby represent that none of the parcels of property involved in this boundary line adjustment is part of a previously platted subdivision of record. 5. We hereby represent cause the loss of access by road or to utilities, 6. We hereby authorize County Clerk and Recorder. that the boundary line adjustment made reference to herein will not to any parcel of property involved. Garfield County to record a copy of this Affidavit with the Garfield 7. This document is executed and delivered to cure an erroneous designation of the Range in that Affidavit Regarding Boundary Line Adjustment recorded in Book 975 at Page 469 in the Office of the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETH NOT. DONE this J7 day of June, 1996. Dorothy I. Chambers / 7 Kenneth Chambers Flint Chambers STATE OF COLORADO COUNTY OF GARFIELD ) ss. 7 l -fit et_ (.-- jj , L // Getz .6 • Glen ti. Cham/rs, by Constance C. G tz, as Attorney-in-fact 4•7, °}1...4-77 Patricia Chambers The foregoing instrument was acknowledged before me on this / 3 day of June, Connie Garlitz, as Attorney-in-fact for Glen O. Chambers, and Dorothy I. Chambers. Witness my hand and official seal. My commission expires: //–/5-9 STATE OF COLORADO COUNTY OF GARFIELD "INV:4"" i o ( Public The foregoing instrument was acknowledged before me on this Kenneth Chambers, Patricia Chambers, and Flint Chambers. Witness my hand and official seal. My commission expires: 1996, by day of June, 1996, by 1 EXHIBIT A-1 PROPERTY OWNED BY GLEN O. CHAMBERS AND DOROTHY I. CHAMBERS AFTER BOUNDARY LINE ADJUSTMENT A parcel of land contained in Lot 1 (NE' SE'/a) Section 11, Township 6 South, Range 93 West of the 6th P.M., in Garfield County, Colorado, lying southerly of the Denver and Rio Grande Western Railroad, described as follows: Beginning on the southeasterly R/W line of said Railroad, whence the East ''A Corner of said Section 11 bears N. 80°42'21" E. 843.63 feet, thence along a line 30 feet easterly of and parallel to the east boundary of that land described in Book 689 at Page 484, S. 12°38'00" E. 53.20 feet and S. 16°41'29" W. 256.93 feet, thence leaving said parallel line, S. 79°39'38" E. 245.70 feet, thence S. 04°54'41" W. 382.00 feet, thence West 365.44 feet, thence along the east boundary of that land described in Book 704 at Page 435, North 59.10 feet and North 84.51 feet, thence along the east boundary of that land described in Book 689 at Page 484, N. 31°44'00" E. 150.73 feet, N. 16°41'29" E. 417.69 feet and N. 12°38'00" W. 37.78 feet to the southeast R/W line of said Railroad, thence along said R/W, N. 63°11'41" E. 30.94 feet to the point of beginning, containing 3.35 acres, more or less. EXHIBIT A-2 PROPERTY OWNED BY KENNETH CHAMBERS PATRICIA CHAMBERS, AND FLINT CHAMBERS AFTER BOUNDARY LINE ADJUSTMENT A parcel of land contained in the SE'% of the NE'/a, Lot 1, Lot 2 and Colorado River Meander Land, lying southeasterly of the Denver and Rio Grande Western Railroad and northerly of the northerly line described on Reception #270744 in the Garfield County Records, all in Section 11, Township 6 South, Range 93 West of the 6th P.M., in Garfield County, Colorado, described as follows: Beginning at the east 'A corner of said Section 11, thence S. 00°05'56" E. 1722.32 feet along said section line, thence N. 87°09'00" W. 441.82 feet, thence N. 56°55'00" W. 300.00 feet, thence S. 47°45'00" W. 300.00 feet, thence S. 79°00'00" W. 142.04 feet to the east boundary of that land described in Book 704 at Page 435, thence along said east boundary North 906.44 feet, thence East 365.44 feet, thence N. 04°54'41" E. 382.00 feet, thence N. 79°39'38" W. 245.70 feet, thence along a line 30 feet east of and parallel to the east boundary of that land described in Book 689 at Page 484, N. 16°41'29" E. 256.93 feet and N. 12°38'00" W. 53.20 feet to the southeasterly R/W line of said Railroad, thence along said R/W line, N. 63°11'41" E. 931.06 feet to the east line of said Section 11, thence along said east line, S. 00°18'46" E. 283.63 feet to the point of beginning, containing 36.32 acres, more or less. 2 CORRECTION QUIT CLAIM DEET) THIS DEED, made this j % day of June, 1996, between GLEN O. CHAMBERS and DOROTHY I. CHAMBERS, of the County of Garfield, State of Colorado, Grantors, and CONSTANCE C. GARLITZ and WILLIAM A. GARLITZ, Joint Tenants with Right of Survivorship, whose legal address is c/o Dorothy I. Chambers, 28584 U. S. Highway 6 and 24, Rifle, of the County of Garfield, State of Colorado, Grantees. WITNESSETH, that the grantor(s), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold and QUIT CLAIMED, and by these presents do remise, release, sell and QUIT CLAIM unto the Grantees, their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the Grantors have in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield, and State of Colorado, described as follows: A. parcel of land contained in Lot 1 (NE '%a SE''A) Section 11, Township 6 South, Range 93 West of the 6th P.M., in Garfield County, Colorado, lying southerly of the Denver and Rio Grande Western Railroad, described as follows: Beginning on the southeasterly R/W line of said Railroad, whence the East 'A Corner of said Section 11 bears N. 80°42'21" E. 843.63 feet, thence along a line 30 feet easterly of and parallel to the east boundary of that land described in Book 689 at Page 484, S. 12°38'00" E. 53.20 feet and S. 16°41'29" W. 256.93 feet, thence leaving said parallel line, S. 79°39'38" E. 245.70 feet, thence S. 04°54'41" W. 382.00 feet, thence West 365.44 feet, thence along the east boundary of that land described in Book 704 at Page 435, North 59.10 feet and North 84.51 feet, thence along the east boundary of that land described in Book 689 at Page 484, N. 31°44'00" E. 150.73 feet, N. 16°41'29" E. 417.69 feet and N. 12°38'00" W. 37.78 feet to the southeast R/W line of said Railroad, thence along said R/W, N. 63°11'41" E. 30.94 feet to the point of beginning, containing 3.35 acres, more or less. Reserving to the Grantor an estate for life of the survivor of GLEN O. CHAMBERS and DOROTHY I. CHAMBERS. as known by street and number as: 28584 U. S. Highway 6 and 24, Rifle, Colorado 81650. THIS DOCUMENT is executed and delivered to correct an erroneous designation of the Range in that Quit Claim Deed recorded in Book 975 at Page 472 in the Office of the Garfield County Clerk and Recorder. 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 Grantors, either in law or equity, to the only proper use, benefit and behoof of the Grantees, their heirs and assigns forever. IN WITNESS /WHEREOF, the Grantors have executed this deed on the date set forth above. (filen 0: Chambers, by Yvonne D. Chambers, Attorney -in -Fact STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) Dorothy I. Chambers The foregoing instrument was acknowledged before me on this / ?day of June, 1996, by Yvonne D. Chambers, Attorney -in -Fact for Glen O. Chambers, and Dorothy I. Chambers. Witness my hand and official seal. My commission expires: ///5Y� Amor // L1/ i/_i//. / is N