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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 January 2, 1979, the undersigned
attorney, for the owners of the land affected, respectfully
petitions the Board of County Commissioners of Garfield
County, Colorado, to exempt by resolution the division of a
tract of land containing more than 35 acres into two tracts
one containing more than 35 acres and one containing less
than one acre from the definitions 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:
The subdivision of tracts is for the purpose of adjust-
ing property lines, and the conveyed tracts shall
become part of existing tracts, there being no new
parcel created.
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 above, will create no more than three (3)
new tracts under 35.0 acres in size.
In support of this petition, the petitioner also submits
the following:
(a) Map drawn to scale showing proposed lot subdivision
and access;
(b) Copy of deed for land to be divided and deed
recorded at Reception No. 203414 describing tract
of land of which the tract containing less than
one acre shall become a part;
(c) Vicinity map;
(d) Source of water for the single family residence
situated on the tract is provided domestic water
from the Glenwood Spring as more particularly
described in deed recorded at Reception No. 203414;
(e) Method of sewage disposal is individual system;
(f) No live stream crosses or adjoins the tract of
less than 35 acres;
(g) Fee in the amount of $50.00 is submitted herewith;
(h) Evidence of soil types,
•
Submitted at Glenwood Springs, Colorado, this i'2day of
,/
1
, 1981
T 4 `W .Stuver
Attorney for Petitoners, Cecil
Gardner and Ruth L. Gardner
formerly Ruth L. White
120 West Third Street
Rifle, CO 81650
625-1887
EXEMPTION
NAME: /4Y -A -%4Z-4_,Ore.;mLs2-4Li
PURPOSE OF EXEMPTION: *) :7Ze7.2
240(,*).;6 6? ><2G2. -c. /eV -5/S
ZONING:
QUALIFICATION FOR S.B. 35
LOCATION OF SITE: /
300
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WATER:
DIV. OF WATER RESOURCES RESPONSE: /7//,2
SEWER:
CHECK LIST:
—FEE PAID ($50 +1.00/acre for each
parcel created under 35 acres)
MAP showing proposed lots and access
DEED
t—VICINITY MAP
100 yr floodplain info.
(-/-'SOIL MAP
IF community water, letter of approval from governing body
COMMENTS:
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COLORADO
LEGEND
Perennial stream, lake
Intermittent stream, lake
Public park or recreation area
National and State Forest
or game land area
Other public area or
Military or Indian Reservation
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Book 383 Page • L77 I S
Filed for record the 11 day oL��' C �1 e. D. lfl_ U ! at_`� : O J o'elociL_ `�d.
Reception Na._2 3 Z 446______
eeb, Made this
9th day of March
RECORDER
in the year of our Lord
one thousand nine hundred and sixty -seven between
HENRIETTA GARDNER
of the County of Garfield and State of Colorado, of the first part, and
CECIL A. GARDNER and RUTH L. GARDNER
of the County of Garfield and State of Colorado, of the second part;
Witnesseth, That the said party of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable consideration, DASx
to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do
pant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy m common out in
joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, 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: Lot 1 and fS
Lot3 of 18, Township 7 South, Range 95 West,
6th P.M., except that portion of said Lot 3 conveyed by deed recorded as Docu-
ment No. 167850 in Book 241 at Page 243 of the records of Garfield County.
Also, that part of the SE4NW4 of Section 18, Township 7 South, Range 95
West, 6th P.M. lying Northwesterly of the public road as presently constructed
and in use over and across said SE4NW4, containing five (5) acres, more or
less
Together with all ditch and water rights appurtenant to or used upon or in
connection with all of the above-described lands, including but not limited to,
the Conner Spring and Waste Water Ditch, and the De Witt Waste Water Ditch
and the water and water rights thereunto belonging or in anywise appertaining.
Subject to prior reservations of an undivided one-half (2) interest in all oil,
gas and other minerals in and under all of the above-described property, as
more particularly set forth in deeds recorded as Document No. 198028 and
Document No. 198029 of the records of Garfield County, Colorado.
Together with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper-
taining, 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 said part y 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, the survivor of them, their assigns and the heirs and assigns of such survivor forever.
And the said party of the first part, for herself her heirs, executors, and administrators, does
covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns
and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these presents, she is
well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance,
in law, in fee simple, and ha s good right, full power and lawful authority to grant, bargain, sell and convey
the same in manner and form aforesaid, and that the same are free and clear from all former and other grants,
bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, except taxes
for 1967, due in 1968,
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the
survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons
lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will
WARRANT AND FOREVER DEFEND.
In Witness Whereof, The said party of the first part has hereunto set her hand
and seal the day and year first above written.
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,`fv , L -- STATE OF COLORADO,
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� • Its V,* ,� l ,rCounty of Garfield The foregoing instrument was
k•,. y (• ` O.p A x •; y y " , acknowledged before me this_..__l_ da of March , 19._x7 _.,
IH Y
*by HENRIETTA MARINER
Witness my hand and mfr ial seal.
My commission expires /L `---- /7/ /%Z9,
n/n
*If acting in official or representative capacity, Insert name and also office or capacity nn
;ary Public
for whom acting.
50O-B-P—Reviaed WARRANTY DEED TO JOLNT TENANTS—Out West Printing and Stationery Co., Colorado Springs, Colorado