HomeMy WebLinkAbout1.0 ApplicationNAME: ,(�
EXEMPTION
PURPOSE OF EXEMPTION:
/d) 7 b,1.5 a tz)
30 .a '-cam 6,-\,' 3 :cam
ZONING:
QUALIFICATION FOR S.B. 35 :)6 . ,4'\. 5 f-ciA.Qi ,
LOCATION OF SITE: .6 / Q ,
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WATER: -;vt-e.. C 4
DIV. OF WATER RESOURCES RESPONSE:
SEWER: -G ).V e-v1.0Aee0 Q/\.
CHECK LIST:
FEE PAID ($50 +1.00/acre for each parcel created under 35 acres)
>S MAP showing proposed lots and access
X( DEED
X VICINITY MAP
C>eJA 100 yr floodplain info.
)411, SOIL MAP
IF community water, letter of approval from governing body
COMMENTS: /44%414-
7Ac-v6.5Ac J Ac.
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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, Section 2.02.01 (d) and 3.02.01
the undersigned Glenwood Partnership respectfully petitions the
Board of County Commissioners of Garfield County, Colorado, to
exempt by resolution the division of a thirty (30) acre tract of
land into three (3) tracts of approximately sixteen (16) acres, seven
and one-half (71) acres and six and one-half (62) acres, more or less
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:
1. Petitioner has granted an option to purchase a fourteen
(14) acre tract to Ainbinder Associates, now Ainbinder/Bramalae
Shopping Centres (Ainbinder).
2. Ainbinder has undertaken to have the fourteen (14) acre
tract (together with a contiguous tract of land heretofore occupied
by the Canyon Drive -In Theater) zoned as a Planned Unit Develop-
ment and approved for development as the Glenwood Springs Mall.
3. The Resoluton (No. 79-101) approving the Planned
Unit Development zoning and development as the Glenwood Springs Mall
is dated August 27, 1979, is recorded as Reception No. 296990
in Book 533 at Page 997 and provides that such approval shall be
ineffective unless the final plat of the Planned Unit Development
is approved and construction commences within eighteen (18)
months of the date of approval of the Resolution.
4. Ainbinder has elected to purchase the fourteen (14)
acre tract; however the final plat of the Planned Unit Development
• •
has not been approved and, therefore, such plat is not now
available for recording.
5. The conveyance of the fourteen (14) acre tract to
Ainbinder Petitioner would he a technical violation of C.R.S.
(1973) Section 30-28-101 (10) (a) - (d), as amended, and Sections
2.02.01 (d) and 3.02.01 of the Subdivision Regulations of
Garfield County, Colorado.
6. Because of Federal tax considerations, it would be
beneficial to Petitioner to divide the conveyance of the fourteen
(14) acre tract into two (2) separate deeds containing seven and
one-half (72) acres and six and one-half (62) acres each. The
conveyance of the two (2) parcels will occur simultaneously and
the net result will be a conveyance to Ainbinder of the full
fourteen (14) acre tract.
7. All information required to be submitted by paragraph
three (3) of Resolution 80-65 establishing criteria for considera-
tion of applications for subdivision exemptions has heretofore
been submitted by Ainbinder, except the deed to the property
showing ownership in the Petition.
8. A copy of the deed showing ownership of the property
in the Petitioner is attached as well as descriptions of the
seven and one-half (7;) acre tract and the six and one-half (62)
acre tract to be conveyed to Ainbinder.
9. A fee of $80.00 is enclosed.
Submitted at Glenwood Springs, Colorado, this
day of October, 1980.
GLENWOOD PARTN 'SHIP
By
23
Floyd Diemoz
Mailing Address
P. O. Box 326
Glenwood Springs, CO 81601
Telephone Number
945-6712
• •
LEGAL DESCRIPTION - 6.499 Acre Parcel
A parcel of land situate in Section 6, Township 6 South, Range 89 West
of the 6th Principal Meridian, County of Garfield, State of Colorado
being more particularly described as follows:
Commencing at the S 1/4 comer of Section 34, Township 5 South, Range
89 West of the 6th Principal Meridian; thence S 87° 11' 46" E 670.12
feet to the point of intersection of the ~rest line of the Mel -Ray Sub-
division, County of Garfield, State of Colorado and the south right-of-
way line of County Road No. 130; thence along the west line of said
Mel -Ray Subdivision S 01° 52' 00" W 575.96 feet to the TRUE POINT OF
BEGINNING; thence continuing along said line S 01° 52' 00" W 133.95
feet to a point of intersection where the north line of the Glen Theatre,
Inc. property intersects the west line of said Kiel -Ray Subdivision;
thence along the north line of the Glen Theatre, Inc. property N 87°
18' 00" W 536.20 feet to the northwest corner of said property; thence
along the west line of said property S 01° 53' 00" W 623.25 feet to
the north right-of-way line of U. S. Highway No. 6 & 24; thence along
said north right-of-way line the following course id 87° 16' 00" W
246.80 feet; thence N 02° 44' 00" E 713.54 feet; thence S 87° 18' 00" E
67.23 feet; thence iJ 47° 42' 00" E 125.06 feet; thence S 37° 18' 00" E
615.36 feet to the TRUE POINT OF BEGIiNNING, containing 6.499 acres more
or less.
LEGAL DESCRIPTION - 7.500 Acre Parcel
A parcel of land situate in Section 6, Township 6 South, Range 89
West of the 6th Principal Meridian, County of Garfield, State of
Colorado, being more particularly described as follows:
Beginning at a point whence the S 1/4 corner of Section 34, Township
5 South, Range 89 West of the 6th Principal Meridian bears N 42° 07'
49" E 361.66 feet; thence S 87° 18' 00" E 454.75 feet; thence S 02°
44' 00" W 718.54 feet to a point on the north right-of-way line of
U. S. Highway 6 & 24; thence along said north right-of-way line the
following course N 87° 16' 00" W 454.75 feet; thence N 02° 44' 00" E
713.28 feet to the point of beginning, containing 7.500 acres more
or less.
Recorded .... M. ft/ .71S0 100K 557
Reception No __ a gI
Recorder. Pa g e 3 SZ -
THIS DEED, Made this 3 0 t. h
day of
September , 1980 , between
FLOYD DIEMOZ, as the Managing Partner of DIEMOZ FAMILY PARTNERSHIP, a
Colorado partnership, and DIEMOZ FAMILY PARTNERSHIP
of the
County of Garfield and State of Colorado, of the first part, and
GLENWOOD PARTNERSHIP, whose mailing address is P. 0. Box
Glenwood Springs,C0-.81601
of the County of Garfield
and State of Colorado, of the second part,
l;
WITNESSETH, That the said parties of the first part, for and in consideration of the sum of
One Dollar and other valuable consideration Maaq-Y
to the said part ies of the first part in hand paid by the said party of the second part, the receipt
whereof is hereby confee-:ed and acknowledged, ha ve remised, released, sold, conveyed and Quit -Claimed,
and by these presents do remise, release, sell, convey and Quit -Claim unto the said party of the
successors
second part its hoax and assigns forever, all the right, title, interest, claim and demand which the
said part ies of the first part have in and to the following described real property
situate, lying and being in the County of Garfield
and
State of Colorado, to -wit:
Parcel No. 1:
All of the following described real property situate in Lot Two
of Section 6, T. 6 S.,R. 89 W., 6th P.M., in the County of Garfield and
State of Colorado, to -wit:
Beginning at a point on the northerly right-of-way line of U.S.
Highway No. 6 & 24, 359.25 feet, N. 87°16' W. of a point on said
Northerly right-of-way line from whence the witness corner for
the South Quarter Corner of Section 34, T. 5 S., R. 89 W., 6th
P.M., bears N. 03°34' W. 1423.68 feet; thence N. 02°44' E. 1339.59
feet to a point on the southerly right -of -,;ay fence line of the
County Road, said point being 559.58 feet, S. 89°52' W. of a point
on the Southerly right-of-way line of•the County Road from whence
the witness corner for the South Quarter Corner of said Section 34,
T. 5 S., R. 89 W., 6th P.M., bears N. 80°11' W. 358.5 feet; thence
S. 89°52' W. 342.73 feet along the Southerly right-of-way fence
line of the County Road; thence S. 02°44' W. 1322.45 feet to the
Northerly right-of-way line of U.S. Highway No. 6 & 24; thence
S. 87°16' E. 342.30 feet along the Northerly right-of-way line of
U.S. Highway No. 6 & 24, to the point of beginning, containing
10.459 acres of land, more or less.
TOGETHER WITH an undivided one-sixth (1/6) interest in all water
{tights (except the -interest in the spring located in the Southwest
jcorner) described and conveyed in the certain warranty deed recorded
':as Document No. 200114 in Book 306 at Page 138 of the records in the
;office of the Clerk and Recorder, Garfield County, Colorado. Together
with an undivided one-sixth (1/6) interest in all ditches now in use and
,needed for the carriage of said water.
•
No. 756. Qurr CLAIM DEED. —Bradford Publishing Company, 1824-46 Stout Street, Denver, Colorado -3-76
Parcel No. 2:
All of the following described real property situate in Lots 1 and
2 and the NW4SE1 of Section 6, T. 6 S., R. 89 W., 6th P.M., in the
County of Garfield and State of Colorado, to -wit:
All that portion of the lands described in that certain warranty
deed recorded as Document No. 200114 in Book 306 at Page 138 of the
records in the office of the Clerk and Recorder, Garfield County,
Colorado, lying Easterly of the following described line: Beginning
at a point on the Northerly right-of-way line of U.S. Highway No. 6
& 24, 359.25 feet, N. 87°16' W. of a point on said Northerly right-
of-way line from whence the witness corner for the South Quarter
Corner of Section 34, T. 5 S., R. 89 W., 6th P.M., bears N. 03°34'
W. 1423.68 feet; thence N. 02°44' E. 1339.59 feet to a point on the
Southerly right-of-way fence line of the County Road, said point
being 559.58 feet, S. 89°52' W. of a point on the Southerly right-
of-way line of the County Road from whence the witness corner for
the South Quarter Corner of Section 34, T. 5 S., R. 89 W., 6th
P.M., bears N. 80°11' W. 358.5 feet, containing 20.0 acres of land,
more or less.
TOGETHER WITH an undivided one-third (1/3) interest in all water
rights (except the interest in the spring located in the Southwest
corner) described and conveyed in said warranty deed recorded as
Document No. 200114, together with an undivided one-third (1/3) interest
in all ditches now in use and needed for the carriage of said water.
TO HAVE AND TO HOLD THE SAME, Together with all and singular the appurtenances and privi-
leges thereunto belonging or in any wise thereunto appertaining, and all the estate, right, title, interest and
claim whatsoever of the said part ies of the first part, either in law or equity, to the only proper use,
successors
benefit and behoof of the said part y of the second part, its inairit and assigns, forever.
IN WITNESS WHEREOF, The said part ies of the first part ha ve hereunto set their hand s
and seal s the day and year first above written.
Signed, Sealed and Delivered in Presence of
STATE OF COLORADO,
County of
0'1 D F I o yd [O2 (SEAL)
DIEMOZ, as the Managing Partner of
DIEMOZ FAMILY PARTNERSHIP, a Colo%SAL)
partnership
(SEAL)
DIEMOZ
FAMILY PARTNERSHIPER1
F By: SI �" !bid LI 102 (SEAL)
1 yd Diemoz, General Partner
1, in and for said County
in the State aforesaid, do hereby certify that FLOYD DIEMOZ, as the Managing Partner of
DIEMOZ FAMILY PARTNERSHIP, a Colorado partnership and as General Partner of
DIEMOZ FAMILY PARTNERSHIP,
personally known to me to be the person whose name is subscribed to the foregoing Deed, appeared
before me this day in person, and acknowledged that
he
signed, sealed and delivered the said instru-
ment of writing as his free and voluntary act for the uses and purposes therein set forth.
seal, this 3 04_1i day
A. D.19 80
Given under my hand and
of September
My Commission expires