HomeMy WebLinkAbout1.0 ApplicationBEFORE 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
respectfully petitions the Board of County Commissioners of Garfield
County, Colorado, to exempt by resolution lc; //5- _- Le_ye—
more fully hereinafter
and "subdivision land"
Section 30-28-101(a) -
escribed,
from the definitions
as the terms are used and defined in C.R.S. (1973)
(d) and the Garfield County Subdivision Regulations,
of "subdivision"
for the reasons stated below:
Submitted at Glenwood Springs, Colorado, this// day
of /%1 c' h/ , 19 7g .
Petitioner
Recorded at...fi
Reception No
iuur432 610.
THIS DEED, Made this
19 76 , between
CHARLES R. CORYELL and JOAN A. CORYELL,
husband and wife,
67-21-7
day of February
of the County of Garfield and State of
Colorado, of the first part, and
ERNEST E. PROFFIT and CHRISTINE E. PROFFIT
RECORDER'S STAMP
STATE CUCUI,;[ ILRY FEE
FEB 9 1976
of the County of P i tk i n and State of Colorado, of the second part:
WITNESSETH, that the said parties of the first part, for and in consideration of the sum of
ten dollars and other valuable consideration,
to the said part i e s)f the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot s or parcel s of land, situate, lying and
being in the County of Garfield and State of Colorado, to wit:
PARCEL "A"
A parcel of land situated in Lot 30 of Section 1 apd in Lot 2 of
Section 12, Township 7 South, Range 89 west of the Sixth Principal
Meridian, lying Northerly of the Southerly line of said Lot 2,
Westerly of the center of the Glenwood Ditch and Easterly of the
center of the Roaring Fork River, said parcel of land is des-
cribed as follows:
Beginning at a point in the center of said ditch whence the North-
east Corner of Lot 20 in said Section 1 bears: N. 39°02'21" E.
2367.78 feet; thence along the center of said ditch S. 14°48'59"
W. 9.40 feet; thence S. 05°12'09" E. 211.55 feet; thence S. 13°
49'12" E. 135.06 feet; thence S. 33°02'48" E. 250.09 feet; thence
S. 50°56'22" E. 276.94 feet; thence S. 41°29'50" E. 97.44 feet,
more or less to a point on the Southerly line of said Lot 2;.
thence N. 86°25'04" W. along the Southerly line of said Lot 2,
446.31 feet, more or less to a point in the center of said
,river; thence N. 47°57'18" W. 519.80 feet along the center of
said river; thence N. 41°07'57" W. 562.21 feet along the center
of said river; thence N. 89°22'00" E. 736.30 feet to the point
of beginning.
514414 -WA:
PARCEL "B"
A parcel of land situated in Lot 9 of Section 12, Township 7
South, Range 89 West of the Sixth Principal Meridian, lying
Easterly of the center of the Roaring Fork River, Westerly of
the Easterly line of said Lot 9 and Southerly of the Northerly
line of said Lot 9, said parcel of land is described as follows:
Beginning at a point on the Northerly line of said Lot 9 whence
the Northeast corner of Lot 20 in Section 1 in said township
and range bears: N. 17°50'04" E. 2792.01 feet; thence S.
00°22'58" E. 816.90 feet; thence S. 67°24'19" W. 211.00 feet
to a point in the center of said river; thence N. 08°01'04" E.
130.25 feet along the center of said river; thence N. 04°46'25" W.
390.41 feet along the center of said river; thence N. 34°28'56" W,
123.72 feet along the center of said river; thence N. 47°17'30" W.
along the center of said river, 466.70 feet to a pdint on the
Northerly line of said Lot 9; thence S. 86°25'04" E. along the
Northerly line of said Lot 9, 617.87 feet, more or less, to the
point of beginning.
Together with a non-exclusive easement extending Northerly from
the Northerly line of said PARCEL "A" along the course of a road
as now constructed and in use to its point of connection with
County Road No. 154, and all ditch and water rights appurtenant
to and used in connection with said parcels.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, refits, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said pard e s of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 768. WARRANTY DEED—To Joint Tenants. —Bradford Tublisling Co., 1824-46 Stout Street, Denver, Colorado -11-74
T. 7 S., R. 819 W. OF Thi 677/ P. M.
LOT 30
(sec./)
•
N 89' PP'oo "E - '736.3O'
r
5 /a°4 8'5
940'
2//.65'
N.E. Corner
LOT PO
S/3'a9'/e"E
/35.0!0'
1
38.2'
FOUNO9 T/ON
=4.e: /0.0'
Cd/valeTES
• PHAd.
41 _ •.A .
•• earo• '
14.0'
Lore
sow (5ec./2)
.9 N�
n. F
S 4/°29'56
97.44,
86°P5'Oa'E
/"-20'
"E
/7.87'
R
N.
N 34ae6-56"W
/23.76'
LOT 9
(Sec•/?)
1108.0/'04"E
/30. e5'
k
44 us
� o
4
ip
0
V
N•E. Corner
L0reo
N /7050'04"E
e',92.0/'
5860 25'04"E
/7/.56'
W �
SCAE
ti / "= 300 '
O
O
S 67°24:'/9"W
00'
This is to certify that on the 27th day of July, 1976, there was a
survey made by SCARROW AND WALKER, INC., of the improvements on a
parcel of land situated in Lot 30 of Section 1, and Lots 2 and 9
of Section 12 all in Township 7 South, Range 89 West of the Sixth
Principal Meridian, County of Garfield, State of Colorado. There
was found a concrete foundation with the purpose of constructing
a building to be located as shown on this plat. The location and
dimensions of all buildings, improvements, easements and rights -
of -ways in evidence or known to me and encroachments by or on the
premises are accurately shown.
SCARROW AND WALKER, INC.
P.O. BOX 460
GLENWOOD SPRINGS, COLORADO
77 7 S., R
0 9 L✓. OF THS 6T// P. M
77\i(
SE %4
(Sec. 1)
PROFF/T S 88°39'45"E -/6/6. 58'
SPRING NO./
CDT 2
(Sec. /2)
Z pT /
(sec. /2)
SC14' E / /NC// = 400 FEET
MAP OF
PPOFFIT SPRINgS NO. I
GARFIELD COUNTY
COLORADO
Said spring is situated in Lot 2 of Section 12,
Township 7 South, Range 89 West of the Sixth
Principal Meridian located at a point whence the
Northeast Corner of said Section 12 bears: S.88°
39'45" E. 1616.58 feet.
April 12, 1976
SCARRO9 AND WALKER,INC.
P.O. BOX 460
(LENWOOD SPRIN S, COLORADO
Reception No ..
__._.-_...._.._........._.._.
Recorded at o'clock M.,
Recorder.
THIS DEED, Made this 12th day of June,
19 78 , between
ERNEST E. PROFFIT and CHRISTINE E. PROFFIT
RECORDER'S S'I'AM1'
of the County of Garfield and State of
Colorado, of the first part, and
NICHOLAS W. GOLUBA, JR. and JUNE E. GOLUBA
whose legal address is 0485 167 Road, Glenwood Springs,
CO 81601
of the County of Garfield and State of Colorado, of the second part:
WITNESSETH, that the said part les of the first part, for and in consideration of the sum of
XXXXXIM
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION
to the said part ies of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot S or parcels of land, situate, lying and
being in the County of Garfield and State of Colorado, to wit:
See Exhibit "A" attached hereto and incorporated herein
by this reference.
also known as street and number 0458 167 Road, Glenwood Springs, CO 81601.
TOGETHER with all and singular the hereditarnents and appurtenances thereunto belonging, or in anywise
appertaining, 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 said part ies of the first part, 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 said
parties of the second part, their heirs and assigns forever. And the said parties of the first part, for them—
sel ves ' their heirs, executors, and administrators do covenant, grant, bargain and agree to and with
the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these pres-
ents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bar-
gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former
and other grants, barains, sales, liens, taxes, assessment and encumbrances of whatever kind or nature soever
except and subject to U.S. Patent reservations and cpons, easementsgunation
a
rights of way of record or situate and in use, governmental
and general property taxes of a current nature,
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the said part ies of the first part ha ve hereunto settheir hands and
seal s the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO
County of Garfield
}ss.
Ernest E. Proffit
Christine E. Proffit
The foregoing instrument was acknowledged before me this 12th day of June,
19 7&by ERNEST E. PROFFIT and CHRISTINE E. PROFFIT.
My commission expires , 19 . Witness my hand and official seal.
[SEAL]
[SEAL]
[SEAL]
Notary Public.
No. 921. WARRANTY DEED To Joint Tenants. Bradford Publishing Co., 1s24-411 Stout Street, Denver, Colorado 1573-50111 —5-77
• •
EXHIBIT "A"
PARCEL "A"
A parcel of land situated in Lot 30 of Section 1 and in Lot 2
of Section 12, Township 7 South, Range 89 West of the Sixth
Principal Meridian, lying Northerly of the Southerly line of
said Lot 2, Westerly of the center of the Glenwood Ditch and
Easterly of the center of the Roaring Fork River, said parcel
of land is described as follows:
Beginning at a point in the center of said ditch whence the
Northeast Corner of Lot 20 in said Section 1 bears: N. 39°02'21" E.
2367.78 feet; thence along the center of said ditch S. 14°48'59" W.
9.40 feet; thence S. 05°12'09" E. 211.55 feet; thence S. 13°49'12" E.
135.06 feet; thence S. 33°02'48" E. 250.09 feet; thence
S. 50°56'22" E. 276.94 feet; thence S. 41°29'50" E. 97.44
feet, more or less to a point on the Southerly line of said
Lot 2; thence N. 86°25'04" W. along the Southerly line of said
Lot 2, 446.31 feet, more or less to a point in the center of
said river; thence N. 47°57'18" W. 519.80 feet along the center
of said river; thence N. 41°07'57" W. 562.21 feet along the
center of said river; thence N. 8922'00" E. 736.30 feet to
the point of beginning.
PARCEL "B"
A parcel of land situated in Lot 9 of Section 12, Township 7
South, Range 89 West of the Sixth Principal Meridian, lying
Easterly of the center of the Roaring Fork River, Westerly of
the Easterly line of said Lot 9 and Southerly of the Northerly
line of said Lot 9, said parcel of land is described as follows:
Beginning at a point on the Northerly line of said Lot 9 whence
the Northeast corner of Lot 20 in Section 1 in said township
and range bears: N. 17°50'04" E. 2792.01 feet; thence
S. 00°22'58" E. 816.90 feet; thence S. 67°24'19" W. 211.00
feet to a point in the center of said river; thence N. 08°01'04" E.
130.25 feet along the center of said river; thence N. 04°46'25" W.
390.41 feet along the center of said river; thence N. 34°28'56" W.
123.72 feet along the center of said river; thence N. 47°17'30" W.
along the center of said river, 466.70 feet to a point on the
Northerly line of said Lot 9; thence S. 86°25'04" E. along the
Northerly line of said Lot 9, 617.87 feet, more or less, to the
point of beginning.
TOGETHER WITH a non-exclusive easement extending Northerly from
the Northerly line of said PARCEL "A" along the course of a road
as now constructed and in use to its point of connection with
County Road No. 154;
TOGETHER WITH five shares of the Glenwood Irrigation Company
taking water from the Glenwood Springs Ditch; and the Proffit
Spring No. 1, located in Lot 2, Section 12, Township 7
South, Range 89 West of the 6th P.M., at a point whence the
Northeast corner of said Section 12 bears S. 88°39'45" E.
1616.58 feet and the water and water rights connected therewith,
as more particularly described in that certain decree dated
the 1st day of November, 1976, entered by the District Court
in and for Water Division No. 5, State of Colorado, in
Action No. W-2952; and any and all other water and water
rights, ditch and ditch rights, used upon or in connection
with Parcels "A" and/or "B" above described.
P.O. BOX 931
TAMARACK
1001 GRAND AVENUE
(303) 945-9141
GLENWOOD SPRINGS, COLORADO 81601
NICHOLAS W. GOLUBA, JR.
JOHN R. SCHENK
NICHOLAS W. GOLUBA, JR.
ATTORNEY AT LAW
June 13, 1978
Robert A. Witkowski
GARFIELD COUNTY PLANNING DEPARTMENT
2014 Blake Avenue
Glenwood Springs, CO 81601
Dear Bob:
P.O. BOX 1040
CENTENNIAL PLAZA
502 MAIN
(303) 963-3796
CARBONDALE. COLORADO 81623
DAN KERST
Enclosed is a copy of a letter dated April 27, 1978,
which Mr. and Mrs. Ernest Proffit delivered to me at the
time of closing on June 12, 1978. I recently purchased the
Proffit property and would like to secure the exemption
in my name and that of my wife which they obtained.
Accordingly, I am enclosing a copy of the deed which
was signed and recorded on June 12, 1978, and my check in
the sum of $65.00 to cover the cost of the subdivision
exemption. Thank you for your assistance in connection with
this matter.
i
NWG/ska
encl.
Very truly yours,
NICHOLAS W. GOLUBA, JR.
77
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
June 13, 1978
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, CO 81601
Re: Goldman Exemption and
Homet Exemption
Gentlemen:
C.J. KUIPER
State Engineer
We have reviewed the material submitted concerning the above
referenced exemptions. The Goldman proposal will create one four -acre
lot which is located approximately three miles southeast of Silt. Our
Ground Water Section has indicated that a permit could be issued in this
area for a domestic well. We have no objection to the approval of the
Goldman Exemption.
The Homet property is located on Missouri Heights. Ground water
conditions in this area are very complex and it is questionable whether
or not permits for domestic wells would be issued. Since the owner has
seventeen shares of Missouri Heights Irrigation Company water for the
land, we suggest that household use only wells be used to supply the
three lots and the Irrigation Company shares be used for irrigation. If
the developer agrees to this, we would have no objection to approval of
the Hornet Exemption.
JAD/GDV:mvf
cc: Lee Enewold
Ralph Stallman
Land Use Comm.
Very truly yours,
a.. /XiJeris A. Danielson
puty State Engineer