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Home My WebLink About1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSION41/ S OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979 Section 2.02.01 (d) and 3.02.01 the undersigned 7 L 04‘,../50 N respectfully petitioners the Board of County Commissioners of Garfield Courjty, Colorado, to exempt by resolu- tracts of tion the division of 51 acre tract approximately 20 9f 3 0 acres each, more or less, from the difinitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (a) - (d) and the Garfield County Subdivision Regulations, for the reasons stated below: of land into ...2 e 1 I �- e_ 2ncz c. rP awe Yr)a )44 re:1 rer»en7 t et et rS U k. e I C D. J L_T In support of this petition, the petitioner also submits the following: PEI --Pcisi-- ct,lei ! r propo5eL fp ro Posed Submitted at Glenwood 1\164 e CQ -,-14-v c.TJ tikeie 1,5 exp rn P ;cnl, Map drawn to scale showing proposed lot subdivision and access Copy of deed Vicinity Map State on source of domestic water Statement on method of sewage disposal 100 year floodplain information where live stream crosses or adjoins said tract Fee in the amount of $ J i, nCi Evidence of the soil types Springs, Colorado this 3 day o Petitioner Go)( Mailing Address O�fa�r , 1926 ke r Q QLJ L-XGIUS7L» /7e a t(D 0 Telephone Number r 2 fb .) 11* L,$); -�c, n NAME.: 02 l / OktAti4-B'''� PURPOSE OF EXEMPTION: ✓�� EXEMPTION ex S/Ae AA. -k..47 -2 7. ,aivc 9, -r6's,R q, ZONING: /a/k/RD QUALIFICATION FOR S.B. 35 „c), LOCATION OF SITE: �{ 6' 1 WATER: sLzt DIV. OF WATER RESOURCES RESPONSE:je. /OA/go SEWER: CHECK LIST: X FEE PAID ($50 +1.00/acre for each parcel created under 35 acres) PAP showing proposed lots and access X DEED X VICINITY MAP 2/Y2&__100 yr floodplain info. X( SOIL MAP AV A IF community water, letter of approval from governing body COMMENTS: C r��1,Q, 0-ccI", 44?G' 40-1,(A.GQ.d ;Ce3-*-9-. u,.. ,420, SCS -CONS -228 Rev. 6,-71 (File Code CONS -14) • CONSERVATION PLAN MAP • UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE 411/ cooperating with Conservation District %% I Owner L%/)� e L Z° // la r )< t E 1/ 11/1er Plan No. Date Operator Scale Acres Approximate Approximate Photo No. County Slate Location (Community, watershed, road & distance, etc.) kfiit)r) I<tvE�2 .L.)l FC.!i Leo, l t pc of c-+' Ivor }A S i/G•Li \1a, it -18 Q/1,( • • Map Unit No. 100 SOIL CHARACTERISTICS Depth to bedrock :More than 60 inches Texture Surface : Loam Subsoil : Olay loam Substratum : Loam Unified Classification : ML, CL Permeability : Moderate Percent coarse fragments : 0 (greater tha19 3 inches) Salinity (ECx10 @ 25°C) pH (surface) . 6.6 to 7.8 Shrink -swell Potential : Moderate Potential frost -action (surface) : Low Flood Hazard : None Hydrologic Group : B •Corrosivity Steel (uncoated) : High Concrete : Moderate GREE & KIND OF LIMITATIONS (0 is Slight, M is,Moderate, S is Severe) Septic Tank Absorption Fields : 0 Sewage Lagoons . M Seepage, slope Sanitary Landfill Trench 0 Area • 0 Shallow Excavations : 0 Dwellings w/basements : M Low strength w/0 basements : M Low strength Local Roads & Streets : M Low strength SUITABILITY AS A SOURCE OF... Daily Cover for Landfill : Good Small stones Roadfill : Fair Low strength Sand . Unsuited Gravel • Unuuited Topsoil • Fair Small stones ,3.7 SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION • Map Unit No.1OD SOIL CHARACTERISTICS Depth to bedrock Texture Surface Subsoil Substratum Unified Classification Permeability Percent coarse fragments (greater thug 3 .inches) Salinity (EcxioD € 25°C) pH (surface) Shrink -swell Potential Potential frost -action (surface) Flood Hazard Hydrologic Group Corrosivity Steel (uncoated) Concrete • : More than 60 inches Loam : Clay loam : Loam : ML, CL : Moderate 6.6-7.8 Low to moderate Low None B High Moderate DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields : M Sewage Lagoons Sanitary Landfill Trench Area Shallow Excavations Dwellings w/basements w/0 basements Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Roadfill Sand Gravel Topsoil SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION Slope : S Slope 0 • M M Steep slope Slope M Low strength, slope M Low strength, slope : • Fair • Fair Low strength, slope Slope Low strength Unsuited Unsuited Fair Small stones, slope • Map Unit No. 43F 3c<Q 5 y F aXCG SOIL CHARACTERISTICS Depth to bedrock - More than 60 inches . Texture Surface ▪ Stony loam Subsoil • Substratum • Gravelly sandy loam, very gravelly fine Unified Classification ▪ GM, SM sandy loam Permeability : Moderately rapid Percent coarse fragments : 0-25 (greater thaq 3 inches) Salinity (ECx10.3 @ 25°C) pH (surface) 7.9-8.4 Shrink -swell Potential Low Potential frost -action (surface) Low Flood Hazard None Hydrologic Group B Corrosivity Steel (uncoated) •High Concrete •• Low DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields S Slope Sewage Lagoons S Slope, seepage Sanitary Landfill Trench S Slope Area S Slope Shallow Excavations S Slope, small stones Dwellings w/basements S Slope w/0 basements S Slope Local Roads & Streets S Slope SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Roadfill Sand Gravel Topsoil .1J Poor Slope, small stones Poor Slope Poor Poor Poor Small stones, slope, excess lime SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION • • The printed portions of thin form approved by the Colorado Real Estate Commission (LC 12-12-77) EXCLUSIVE RIGHT TO SELL LISTIfG CONTRACT (FARM AND RANCH AND VACANT LAND) , Colorado 9L In consideration of the services of the hereinafter named real estate broker, I hereby list with said broker, from , 19 Jr?, to DS%; i , 19 inclusive, the property described below and I hereby grant said broker the exclusive and irrevocable right to sell the same within said time at the price and on the terms herein stated, or at such other price and terms which may be accepted by me, and to accept deposits thereon and retain same until the closing of, or defeat of, the transaction. I further authorize said broker to list the property with any multiple listing service in which he is a participant, at the broker's expense, and to accept the assistance and cooperation of other brokers. I hereby agree to pay said broker L 9b of the selling price for his services (1) in case of any sale or exchange of same within said listing period by the undersigned owner, the said broker, or by any person, or (2) upon the said broker finding a purchaser who is ready, willing and able to complete the purchase as proposed by the owner, or (3) in case of any such sale or exchange of the said property within the 180 days subsequent to the expiration of this agreement to any party with whom the said broker negotiated and whose name was disclosed to the owner by the broker during the listing period; provided, however, that the provisions of this subparagraph (3) shall not apply if a commission is earned for the sale or exchange of this property by another licensed real estate broker acting pursuant to an exclusive right to sell listing contract or an exclusive agency listing contract entered into during the said 180 -day period. In the event of forfeiture of payments made by a prospective purchaser, the sums received shall be divided between the broker and the owner, one-half thereof to said broker, but not to exceed the commission agreed upon herein, and the balance to the owner. Address: (Street) (City) Legal description: /% // ef• ecyort/ f� /)//17telj � teliitiny [�'O rill -r..$ /77i'Ve t>/ Price $ /.2/ ccs , c�G Sc '/// 1 Terms: �[%sh f�' 15c %'- t�✓ aS %i �ctti/a% O (G/r7 74A f UC/c?J ,7[ 1�� l•✓ AZ" 1 Pa'rsp ci� ).R �n / nJ£%r 1.}I Cr rr1 / C AI Subject to general taxes and , Wf z./ .5 SS.i'-S S /97 P n%/3 0 eVC Ft t'/el for year of closing, building and zoning regulations, easements and restrictive covenants of record, and the following encumbrances: n ) I authorize the holder of any note secured by the above listed encumbrances to disclose to the broker the amount owing on said encumbrances and the terms thereof. Price to include the following personal property: 12 ,3"L to be conveyed by bill of sale at the time of closing in their present condition, free and clear of all personal property taxes, liens and encumbrances, except: Wein The following fixtures of a permanent nature are to be excluded from the sale: ij:'/l/. In case of sale or exchange I agree to furnish, at my option and expense, an abstract of title to said property, certified to date, or a current commitment for title insurance policy in an amount equal to the purchase price, showing merchantable title in the owner. If the title insurance commitment is selected, I agree to deliver the title insurance policy to purchaser after closing and pay the premium thereon. In case of sale or exchange I agree to execute and deliver a good and sufficient 7 5•)2-)r ec / warranty deed to the purchaser conveying said property free and clear of all taxes, liens, encumbrances and easements, except as " listed above. No. LC 12-12-77. Exclusive Right to Sell Listing Contract (Farm and Ranch and Vacant Land) • - Bradford Publishing Co., 1846 Stout Street, Denver, Colorado 0734,011)— 9-79 General taxes for19. 14 , personal property taxes, prepaid rents, water rents and assessments, and interest on encumbrances, if any, and /71 74; .' shall be apportioned to date of delivery of deed except that: ft "h E_ Possession of premises shall be delivered to purchaser on subject to the following leases and tenancies: 7c ,17 ` Ax The owner agrees to refer to the broker all inquiries from other brokers, salesmen and prospective purchasers received during the term of this listing. The owner agrees that the broker shall not be responsible for maintenance of the premises, nor shall the broker be liable for damages of any kind occurring to the premises unless such damage shall be caused by the negligence of the broker. The undersigned owner and broker, by their respective signatures hereon, agree that they will not discriminate against any prospective purchaser because of the race, creed, color, sex or national origin of such person. Additional provisions: / I V�/�Clil /� -V. :2Z- // /�f �!S / -Cy-. ' r L/ !/1/ 7/,. s`y, G'7 ►l �t /l N �� ,�, H ,/ if. t//c( This agreement execute in muultiple copies and my signature hereon acknowledges that I have received a signed copy. Accepted By• -i' 7 // Broker ,t / 77411,-.1 �/Owner7/ Owner Address r� Phone SS cfr/r/ The printed portions of this form approved by the Colorado Real Estate Commission (SC 26-12-77) SPECIFIC PERFORMANCE CONTRACT (FARM AND RANCH) • New Castle Colorado October 2, ;19 80 RECEIVED FROM Ernst G. Schopp and Margarete H. Schopp Purchaser (as joint tenants), the sum of $ 1000.00 , in the form of personal rherk to be held by Stillwater Enterprises Inc. , broker, in his escrow gr trustee account, as earnest money and part payment for the following described real estate situate in the R id County of Garfield ,Colorado,towit: All that portion of_Sction 4,__ the Southwest 3/4, of the Southwest k,. T 6S.,R 92 W., of the 6th P.M., lyingnorth c of the centerline of Grand River Ditch containing 20 acres approximately., No mineral -rights -will be conveyed. '-. r -fir. ._ with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent nature currently on the premises, except as hereinafter provided, in their present condition, ordinary wear and tear excepted, known as Garfield County Road # 229 which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of 62,000.00 , payable as follows• $ 1000.00 hereby receipted for, $ 61,000.00 to be paid as follows: $14,500.00 payable by cashier's or certified check upon delivery of deed (plus customary closing costs);.purchasers shall exe- cute their note and first deed of triust, which shall constitute a first'1ieri, payable to sellers, in the amount of $46,500 and payable -in andualinstallments of $8229.76, including principal and interest at the rate of 12% per annuiu; with sellez<s releasing five (5) acres from the First Deed of Trust at the end'ofithe third annual payment. No reaywenfs allosedhCost of any apprastor loan purposes o e obtained atter tis date shall be paid by purchaser • 1. If a note and trust deed or mortgage is to be assumed, the purchaser agrees to apply for a loan assumption if required and purchaser agrees to pay (1) a loan transfer fee not to exceed $ NA and (2) an interest rate not to exceed NA % per annum. If the lender's consent to a loan assumption is required, this contract is expressly conditioned upon obtaining such consent without change in the terms and conditions of such loan except as above stated. If a secured or unsecured loan is to be carried by the seller, seller shall not be obligated to carry said loan for any person or entity in lieu of the purchaser named herein. 2. Price to include the following personal property: None • to be conveyed by bill of sale at time of closing in their present condition, free and clear of all personal property taxes, liens and encumbrances, except: None and except any personal property liens in any encumbrance specified in paragraph 5. The following fixtures of a permanent -nature are excluded from this sale: one tubular steel gate, property of Antonelli Farms 3. Price to include the following water rights: Thirty-five (35) acre/feet of Silt Project water including all ditch rights belonging thereto 4. An abstract of title to said property, certified to date, or a current commitment for title insurance policy in an amount equal to the purchase price, at seller's option and expense, shall be furnished the purchaser on or before November 1 , If seller elects to furnish said title insurance commitment, seller will deliver the title insurance policy to purchaser after closing and pay the premium thereon. 5. Title shall be merchantable in the seller, except as stated in this paragraph and in paragraph 12. Subject to payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient General warranty deed to said purchaser on December 1 , 19 80 or, by mutual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general taxes for 19 80 payable January 1, 19 81 and except annual water , assessment for Silt Project water free and dear of all liens for special improvements now installed, whether assessed or not; free and dear of all liens and encumbrances except: None No. SC 25-12-77. Specific Performance Contract (Farm and Ranch) Bradford Publishing Co., 1846 Stout Street, Denver, Colo. (673-6011) —3-78 and excepthefollowing easements: any of public record, including easement for the Grand River Ditch and subject to building and zoning regulations and the following restrictive covenants: any and all local, State, and Federal land use laws and regulations. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction--• or from any other source. 6. General taxes for the year of closing shall be apportioned to date of delivery of deed based on the most recent levy and the most recent assessment. Prepaid rents, water rents, sewer rents, and interest on encumbrances, if any, and annual water assessment for Silt Project water a shall be apportioned to date of delivery of deed. 7. With respect to the growing crops the seller and purchaser agree as follows: seller and /or leasee own the current crops. 8. The hour and place of closing shall be as designate?! by St it 1water En 1- erpr iSes Tnc 9. Possession of premises shall be delivered to purchaser on date of Deed delivery subject to the following leases or tenancies: present lease by Antonelli Farms 10. The risk of loss from any damage to the improvements by fire or other casualty prior to date of closing shall be on the seller, provided, however, that if the seller shall maintain insurance on said improvements which will compen- sate for the full replacement value thereof, the seller may at his option assign the proceeds of said insurance to purchaser, in which case the purchaser shall complete the transaction as herein provided. The risk of loss for any damage to growing crops, by fire or other casualty shall be borne by the party entitled to said crops as provided in paragraph 7 and such party shall be entitled to the insurance proceeds. 11. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or performed by either the seller or purchaser as herein provided, then this contract, at the option of the party who is not in default, may be terminated by such party, in which case the non -defaulting party may recover such damages as may be proper. In the event of such default by the seller, and the purchaser elects to treat the contract as terminated, then all payments made hereon shall be returned to the purchaser. In the event otsuch default by the purchaser, and the seller elects to treat the contract as terminated, then all payments made hereunder shall be forfeited and retained on behalf of the seller. In the event, however, the non -defaulting party elects to treat this contract as being in full force and effect, the non -defaulting party shall have the right to an action for specific performance and damages. 12. Except as stated in paragraph 5, if title is not merchantable and written notice of defect(s) is given by the purchaser or purchaser's agent to the seller or seller's agent within the time herein provided for delivery of deed and shall not be rendered merchantable within 30 days after such written notice, then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract, if -any, to seller; provided however, that in lieu of correcting such defect(s), seller may, within said 30 days, obtain a commitment for owner's title insurance policy in the amount of the purchase price reflecting title insurance protection in regard to such defect(s), and the purchaser shall have the option of accepting the then existing insured title in lieu of such merchantable title. The seller shall pay the full premium for such owner's title insurance policy, and the abstract, if any, shall be returned by the purchaser. _ • 13. Additional provisions: This contract is expresslycontingent upon exemption of said property by Garfield County Commissioners -by 'November 29,."1980; and purchaser to put in fence on_South boundary with seller providing one—half cost 'of "Tha'terials, by `June 1, 19811 = i' f_ 14. If' t is proposal is accepted by the seller in writing on or before October 2 , 19 80 , this instrument shall become a contract between seller and purchaser and shall inure to the benefit of the heirs, successors and assigns of such parties. Purchaser •` Purchaser,,,' /oh A'O / Data • / Date Agent Stillwater Enterprises Inc. By. Seller accepts the above proposal this day of , 19 and agreep to pay a commission of —96 of the gross sales price for services in this transaction, and agrees that, in the event of forfeiture of payments made by purchaser, such payments shall be divided between the seller's broker and the seller, one-half thereof to said broker, but not to exceed the commission, and the balance to the seller. Seller Seller Purchaser's Address Seller's Address JANk O rn .; X75 N 23.._�. ($IARK E. UKELE, a married mars whose sr)OU. '-k-OTHER R. POLE and bow sddrsss is Coity of Garfield , Stabs of Colorado for a consideration of love and at ff°c tion meg,; land paid, hereby mit (e) *ad converts) to 800% 468 PACE 373 �_..-.*.eordar. SUE MOM HA tis.. MARX E. UKBLZ, and ES 1ER R. UKELE, husband and in tenancy in common but in joint tenancy. whole is Sit Gar fie: ,C7 , apd. itsbe of Colorado Faeatcy Garfield ori f.e, riot minty of the following rectal property in the and State of Colorado, to wit: The Southwest Q tsrter of the Southwest Quarter (Si11 SW1) of Section Four 4 , and .haat part of Lot two(2) in the North-- west Quarter of',the northwest Quarter (140,01) of Section Nine (9). lytag lerorth of the right of way of the railroad of The Denver an4 o Grande Railroad Coppsny, all in township six (6) sauth e 92, west of the 6th P.M., (except rights of way 'for hi aye as now constructed) together with water and".water ri is used in connection therewith, represented by two (2) share of the capital stock of the Cactus valley Ditch Company. A tract of lat4d in the NEkNEk of Section 8, gip. S., k. 92 W. o 6th P.K., described as follows: Beginning at the Southeast cornerjof said tract which) is located at the point of intersection of the No "th right of way line of the State Highway with the East line of said iiEkNF,, of said Sectio $, said'point being Corner No. 1; thence Northerly13T0 feet along thelEast line of said Nitha to Corner No. 2.; thence. Sot�ttwest in a straightline to Corner No. 3, a point on the North line of the Colorado StateltHjghway right of way asd being 346 feet Westerly frc{m Corner No. 1; hence Easterly along said North right of way linea•. distance of 34• feet to Corner No. 1, the place of beginning, containing 1.48 acres, mo e' or less, and being. the same land as that described in a warranty dee • recorded in Book 192 at Page 208 in the records of Garfield Count Clerk and Recorder's Office, with all its a,.. , ..- d warrants) the title to the same, subject to easements of public nature and th 1975 general taxes, payable in 1976. Signed this day of 4111 le Fps thatfl lir Wi6 _ pad official seal. r. ►,Oi". Q ,{ BA.DO,• 1•• MARK E. LE, a married man, whoUe epouae to ESTHER R. UKELE was acknowledged before me this ie 7.6—;lay Mark E. Ukele, a married 'man, whose spouse is Notary Public Neapagesey or,loW dDdty tatlf toroi m fast then natannl b same ofor perecoa pore=• r.o a executor ��: Lf 7ppe. .phoe�eae adios to r praeratathe or doe • 1g( by afloat or connivance tales loeort cams of suds otttoor or *Moors ea oyoat or o � tp- porataoe aemtos It - d such oor- No. I 7. Warranty D.d---smart Nes-41.e. 111.1-13. C.L5. lege- Bradford Publishing( Co.. 1824-411 Stout Street, Denser, Colo r.ijo 4-7'4 • • T 6 S R 92W 0. • O 0 fi II \\ II 11 \ I) 7/ II ' ll 1/ — 1/ • ;/ 00.. tn 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 November 12, 1980 Mr. Davis Farrar Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Dawson Exemption Dear Mr. Farrar: J. A. DANIELSON State Engineer We have reviewed the material submitted for the above referenced exemption application. The developer proposes to use wells for the water supply which would intercept ground water which is tributary to the Colorado River at a point where there is still water available for appropriation. This office can issue individual domestic well permits to individual lot purchasers and we recommend approval of the Dawson Exemption. HDS/GDV:mvf cc: Lee Enewold, Div, Eng. Ralph Stallman Land Use Comm. Very truly yours, 1144 6 Hal D. Simpson, P.E. Assistant State Engineer OCT 171980 Li_ � GARFIELD CO. PLANNER TOWN of SILT P.O. Box 174 Silt, Colorado 81652 303 876-2353 October 30, 1980 Mr. Davis Farrar Assistant Planner Garfield County Planning Dept. 2014 Blake Ave. Glenwood Springs, Co. 81601 Dear Mr. Farrar, The Town of Silt finds no reason to take exception to the Petition for Exemption to the County's Subdivision Regulations as submitted by Delbert E. Dawson. We assume that any further subdivision of this property or proposals for developing this property will be subject :hour review and comment. Sincerely, Charles Hedgepeth Town Planner, Town Of Silt L 57 c7F-i ocT 3 11980 GARFIELD GO. i'LR"ttll xR