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Home My WebLink About1.0 Application• BEFORE THE BOARD OF COUNTY COMMISSIONERS 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 September 1, 1972 and amended April 14, 1975, Sections 1.02.17(d) and 3.02.01, the undersigned FRED JOHNSON respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution A 53.22 ACRE TRACT OF LAND INTO TWO PARCELS AS FOLLOWS: 1 OF 10 ACRES AND 1 OF 43.22 more fully hereinafter described, from the definitions of "subdivision" and "subdivision 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: Resale of a ten acre tract (SE4SE4SW1/4) for a single family residence. Submitted at Glenwood Springs, Colorado, this 13th day of March , 1978 • /2/--eL- //e,--ey 410 411 GARFIELD COUNTY PLANNING DEPARTMENT GLENWOOD SPRINGS, COLORADO .81601 2014 BLAKE AVENUE PH❑NE 945-8212 March 29, 1978 State of Colorado Colorado Land Use Commission 1845 Sherman Denver, Colorado 80203 Re: Senate Bill 35 Exemption Requests - Joe Dice, Foster Petroleum, Glenwood Springs Golf Club, Robert Hoffineister, John Huebinger, Mildred Maughan, Fred Johnson,aren A. Montover, Frank Pennig, William Rogers, and Upper Colorado Community Center Board Gentlemen: Please find enclosed the Subdivision Summary Form for each of the above referenced applicants requesting an exemption from Senate Bill 35. The eleven requests were heard and approved on March 27, 1978 by the Garfield County Board of County Commissioners. If you have any questions or comments, please do not hesitate to contact this office. RAW/kay Enclosures Sincerely, PLANNING DEPARTMENT Robert A. Witkowski Director March 29, 1978 Rifle Realty Box 1236 Rifle, Colorado 81650 • Re: Senate Bill 35 Exemption Requests - Fred Johnson and Mildred Maughan Gentlemen: Please find enclosed a copy of the Resolutions in the above referenced matter. The Board of County Commissioners has signed and approved these exemption requests on March 27, 1978. If you have any questions or comments, please do not hesitate to contact this office. RAW/kay Enclosures Sinceeely, PLANNING DEPARTMENT Robert A. Witkowski Director The printed portions of this form approved by the I Colorado Real Estate Commission (SC 26-10-75) RECEIPT AND OPTION CONTRACT (VACANT LAND) RECEIVED FROM ROLLIN ESTES and DANNA ESTES Purchaser (as joint tenants), the sum of $ 500.00 in the form of Personal Check to be held by For use in sale of VACANT LAND ONLY March 6 ,1978 RIFLE REALTY, INC. , broker, in his escrow or trustee account, as earnest money and part payment for the following described real estate situate in the County of Garfield , Colorado, to wit: The SE1/4SE1/4SW1/4 of Section 10, T6S, R93 W of the 6th P.M., containing 10 acres, more or less. with all easements and rights of way appurtenant thereto, which property purchaser agrees to buy upon the following terms and conditions for the purchase price of $ 22.250.00 , payable as follows $500.00 hereby receipted for, $23.., 750.00 in cash or certified funds at the time of closing. Price to include: 1) Sellers to furnish boundary survey at their expense 10 days before closing. 2) A 25' road easement along the West boundary being part of the NE4SE4SW4 of Section 10, T6S, R93W of the 6th P.M. at their expense. This easement being by the sellers. 1 property /B 41/91, /P/ J WrI` MA4'e/,3/ a current commitment for title insurance policy in an amount equal to the purchase price, at seller's/901,0,42 f expense, shall be furnished the purchaser on or before April 24 , 19 78 If seller elects to furnish said title insurance commitment, seller will deliver the title insurance policy to purchaser after closing and pay the premium thereon. 2. Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient General warranty deed to said purchaser on May 1 , 192$—, or, by mutual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general taxes for 19 78 , payable January 1, 1979 , and except __1151 exceptions ; free and clear of all liens for special improvements now installed, whether assessed or not; and free and clear of all liens and encumbrances except: None and except easements for: any of record and subject to building and zoning regulations and the following restrictive covenants: any of record 3. General taxes for 1978 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, FHA mortgage insurance premiums and interest on en- cumbrances, if any, and shall be apportioned to date of delivery of deed. No. SC 26-10-75. Receipt and Option Contract (Vacant Land) —Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado —9.77 • • 4. The hour and place of closing shall be as designated by 5. Possession of premises shall be delivered to purchaser on RIFLE REALTY, INC. closing and delivery of Deed subject to the following leases or tenancies: None 6. In the event the premises are substantially damaged by fire, flood or other casualty between the date of this agreement and the date of possession or the date of delivery of deed, whichever shall be earlier, this agreement may, at the option of the purchaser herein, be declared null and void and any deposit herein made shall be immediately returned to purchaser. 7. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or per- formed as herein provided, there shall be the following remedies. In the event a payment or any other condition hereof is not made, tendered or performed by the purchaser, then this contract shall be null and void and of no effect, and both parties hereto released from all obligations hereunder, and all payments made hereon shall be retained on behalf of the seller as liquidated damages. In the event that the seller fails to perform any condition hereof as provided herein, then the purchaser may, at his election, treat the contract as terminated, and all payments made hereunder shall be returned to the purchaser: provided, however, that the purchaser may, at his election, treat this contract as being in full force and effect with the right to an action for specific performance and damages. 8. In the event the seller fails to approve this instrument in writing within 7 days from the date hereof, or if title is not merchantable and written notice of defects is given to the seller or agent within the time herein provided for delivery of deed and shall not be rendered merchantable within 60 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 defects, seller may, within said 60 days, obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be free from such defects and seller shall pay full premium for such Title Insurance Policy. 9. Additional Provisions: 1) This contract is contingent upon the sellers obtaining an exemption (Senate Bill 35) from the Garfield County Commissioners, and if no exemption is granted, then this contract is null and void and has no effect. 10. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and shall inure to the benefit of the heirs, successors and assigns of said parties. P chaser // !"Fy fe- 7/ Purchaser Date Agent By: RIFLE REALTY, INC. Jack C. Sours, Sr. Seller approves the above contract this day of • , 19 and agrees to pay a commission of 10 % of the gross sales price for services in this transaction, and agrees that, in the event of forfeiture of payment 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. Purchaser's Address Seller's Address Seller Seller AGREEMENT TO TRANSFER WATER RIGHT WE, FRED JOHNSON and KEITH JOHNSON, agree on this date, March 9, 1978, to transfer the following water right to'ROLLIN ESTES and DANNA ESTES. Out of Water Application Number W-1838, having a total appropriation amount of .25 C.F.S., FRED JOHNSON and KEITH JOHNSON agree to transfer 2/10 (.2) of the right of water FRED JOHNSON owns, being 12.5% of the total right. B. Also, FRED JOHNSON and KEITH JOHNSON agree to grant a water line easement for the installation of a water line from the location of the spring to the boundary line of the SE4SE1/4SW4 of Section 10, T6S, R93W of the 6th P.M. Fred Johnson STATE OF COLORADO County of Garfield Keith Johnson Is2ygc-./ The foregoing instrument was acknowledged before me this , 197/, by�.c.�tf.✓..rae• ... My commission expires L26/3o / 7y WITNESS my hand and official seal. day of "rotary Public 6 v