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HomeMy WebLinkAbout1.0 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 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 crf7) WATER: DIV. OF WATER RESOURCES RESPONSE: /7//,2 SEWER: CHECK LIST: —FEE PAID ($50 +1.00/acre for each parcel created under 35 acres) MAP showing proposed lots and access DEED t—VICINITY MAP 100 yr floodplain info. (-/-'SOIL MAP IF community water, letter of approval from governing body COMMENTS: = -7/ "57.5,7 C_ 3.74- e ( t / • .0"." ? )(7‘ /Ca?) 5v/ 6Db�_ 7 0 3 582 /64'7. +5404 5:3:3 7 Lem _� 530 5020 5434,— • .a10 d656� /624 6M 5327 586 Il' 1 (�f 529017 I 7 I r�< 5/6411 '5 /574 II II 7/6 1 � /777 /c 583/ I �-`5626 2020 1 3. 5325_ 5. 4.: , /729` 5728 /746 607 /850' INDEFINITE 7'30" 11 260 /50 1 280 755000m COLORADO LEGEND Perennial stream, lake Intermittent stream, lake Public park or recreation area National and State Forest or game land area Other public area or Military or Indian Reservation .rat2 • • Li'' T 1 • 1 • • 42 f' i if %iI/i/ _ ,7 .:•---•-,;.;.-,;,2_./ , TLE. N1ENT j •! l ECE,PTION r,0. ti ' / , r.• i� r / : r .10,98 • ! lam`+•--' MEAN- 0L o LNR OTEES RIVE pEQ G- 1k • ,•Y• LOT 6 j /r. / • •_ : •t 1 LOT 7•t • ..r. • . - /—).•• ( •• •• t. • • • • • RECE •N Nq g3414 'KO — --,r - •1 • •- / • • • • 'Or ✓U • f \ \ • I / PT tt_S E r • N•,\\ • ;! /• . • BtTTLENENT LAND COUP N ,RECEPTION ,NO. 2)6079 1 ' RE.CEPTI•NNW-1..9805 ' • lir;1 ,•1 /. / C Proper fy Location ' tom•• 24 iv • SJi15 , • 7 G•>.. Pit 1• -N .s. • f (•/ /• I. I r i //) 1 I I i SAVAG c%o T 1 I RECEPI •\ /4, SW I/ fit \ 1 �..., 1 NWI/ o \ NT LANG CO N :No. 2$or9 74 N E�D�,-I, 8056,'• S E 1/4 SW)/ \; S Cd RE r( 5304 REE 5300 E1/2 NWI/4'X' 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. • lam 1y . ,`fv , L -- STATE OF COLORADO, ij � • 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