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Home My WebLink About1.0 Applicationo o iqlIIiTiE APR A e ls75 cAnf,E[0 00, ,tr{lyry!! PETITION FOR EXEMPTION TO:THE BOARD OF COT]NTY COMMISSIONERS, COUNTY OF GART'IELD, STATE OF COLORADO. Your Petitioner, J. LOUISE KEMME (a1so known as JOSEPHA LOUISE KEMME) of Grand Prairie, County of Dallas, State of Texas, hereby peti-tions THE BOARD OF COUNTY COMMISSIONERS, COUNTY OF GARFIELD, STATE OF COLORADO ("Commissioners"), to grant Petitj-oner an exempt ion from the Subdivision ne ations of Garfield County, Colorado (Sept. L972), pursuant to tl 3.02.01 thereof, and pursuant to L2 Co1o. Rev. Stat. S 3A-28-101 (10) (d) (1973), and as grounds therefor Petitioner would show the Com- missioners: 1. The real property for which exemption is sought con- sists of two parcels, Parcel No. 1 aggregates I.18 acres of land, more or 1ess, by survey, and is described on Exhibit rrA'r attached hereto, and Parcel No. 2 aggregates 7.58 acres of land, more or 1ess, by survey, and is also described on Exhi- bit I'Arr attached hereto. Parcels Nos. 1 and 2 are depicted on a plat prepared by Scarrow & Walker, Inc., Glenwood Springs, Colorado, dated September 2L, 1974r &s revised. 2. Title to Parcels Nos. I and 2 devolved to Petitioner by Decree of the District Court, Garfield County, Colorado, dated February 11, L974, entered in the Estate of John L. Heuschkel, also known as .f. L. Heuschkel, Deceased, Probate No. LL'222. 3. Parcels Nos. I and 2 are part of a larger ownership of approximately 70 acres of land, more or less, being generally that part of the WLNE% and the E%NEk situate Westerly of the West bank of the Roaring Fork River in Sec.2L, T.6 S., R. 89 W., 6th P.M. oo 4. In September, L968, the Commissioners commenced a condemnation action against John L. Heuschkel, Deceased, to ac- quire a right-of-way for a bridge across the Roaring Fork River (coincidental with the extension of 27Lh Street, City of Glen- wood Springs, Colorado) and for the construction of a County Road to replace vehicular and pedestrian traffic over and across the oId Card.iff Bridge. This action, Civil Action No. 6370, is pending in the District Court, Garfield County, Colorado. 5. The public project for which the foregoing action severed Petitionerrs ownership into three distinct parcels by construction of the public project, Parcel No. 1:Bounded on the North by the Northline of Section 2Li bounded on theEast by the Roaring Fork River; bounded on the South by the new County Road; and bounded on the West by the new County Road. Parcel No. 2z Bounded on the North by the new County Road; bounded on the East by the Roaring Fork River; bounded on the South by separate ownership; and bounded on the West by the new County Road. The balance of Petitionerrs ownership is bounded by historical governmental subdivision lines and the new County Road. The ownership, by construction of the aforesaid public project, has been severed into three separate parcels, each distinct from the other. WHEREFORE, Petitioner prays that the Commissioners, pur- suant to the Subdivision Regulations,of Garfield County, Colo- rado tl 3.02.01 (Sept. L972) and 12 Colo. Rev. Stat. S 30-28-101 (10) (d) (1973) grant Petitioner an exemption and determination that Parcels Nos . 1 and 2 , described on Exhibit rrArr hereto, are not a "subdivision" or "subdivided Iand" within the meaning of -2- o said Subdivision Regulations so far as Petitioner is concerned. Respectfully submitted, DELANEY & BALCOMB Attorneys at Law o By O/A*,r.L //htltas Attorneys for Petit Drawer 790 Glenwood Springs, CO 81601(303) 94s-6s46 Petitionerrs Address: 4001 East Main Grand Prairie, Texas 75050 STATE OF COLORADO COUNTY OF GART']ELD ss. The foregoing Petition was acknowledged before me this oct tit.-:X r',day of April , 7-9'75, and its contents acknowledged to be true and correct by J. LOUISE KEMME, also known as ,JOSEPHA LOUISE KEMME. _f., . ..,1t " .t t *-' ..) -t i' / )t 2't-c-?*---------@/k/a JoSEPHA LOUISE KEMME Subscribed and sworn to before me this .X#'L day of Apri1, L975. Witness my hand and official seal. My commission expires: My Ccrinri.-,: i.:j) ri.r;r03 Aur, 23,197s P co -3- o ParceI No. I A parcel of land situated in the NWLNII! of Section 2L, Township 6 3outh, Range 89 West of the Sixth Principal-I4eridlan, lying- i""ih"riy of the Northerly line of said IiwkNEk, said Parce1 of Iand is described as follows: Beginning at a point on the Northerly line of said NWkNEk whence th6 Northeast C6rner of said Section 21 bears: Itr. 89o45r00" E' LgO2.3Z feet; thence N. 89045'00' E. 436.77 feet along the l{ortherly- Line of said NwkNEk; thence s. 20"10'0o" E. 27.15 feet; thence s. 7Lo 45'00" W. 95.31 feet; thence 225.3L feet along the arc of a curve to the left, having a radius of 4OB.1O feet, the chord of which bears S. 55056,00" W. 222.46 feet; thence 74.5L feet along the afc of a curve to the left, havj-ng a radius of 527.46 feet, the chord of which bears: S. 36604'1I" W. 74.45 feet; thence N. 63"25'01" W' 55.76 feet; thence N. 2Oo0O'00" W. 226.95 feet to a point on the Northerly line of said NwkNEL, the point of beginning. The above described parcel of land contains 1.I8 acres, more or less' The above described parcel of land is subject to the Atkinson Canal' Parcel No. 2 A'parcel of land situaLed.'in the NLNEk of Section 21,'Town?hip 6 -South, Range 89 Inlest of the Sixth Principal t'leridian, lying Easterly of the pasterly right-of-way line of a County Road 1s. -constructed and in plac6 anfi Westerly of the Westerly bank_of the n""ii"g Fork Riverr- said parcel of land is described as follows: Beginning at a point on the Easterly right-of-w.Y line of said roia whence the East euarter Corner of said Section 21 bears: 5,42o03,02" E. 2208.49 feet, thence 183.46 feet along the afc of a curve to the left, having a radius of L195.92 feet, the 9!9f+^.. of which bears: N . 24"36'i9',r W. 183.28 feeti thence N. 29o0a r 00rr W. Bg.2B feet; thence Lg2.l6 feet along the arc of a curve to the iight, having.a radius of 904.43 feet, the chord of which bears: N. 22i55'00', W. 19I.BO feet; thence 424.88 feet along the afc of ' a curve to the right, having a radius of 427.46 feet, the chord of which bears: N] 1i"g8'3On E. 407.6L feet; t.hence 170.10 feeL along the arc of a curve to the right, having a radius of 308'10 ieet] trr. chord of which bears: N. 55"56'00" E. L67.95 feet; thence N. 7L"45'00" E. 98.66 feet to a point on the westerly bank of said river; thence S. 20o10'00" E. 271.65 feet along said river bank; thence S. 05"32'00" E. 255.00 feet along said river bank; thence S. 00o16'00', E. 248.00 feet along said iiver bank; thence S. 0Bo20r 00" E. 128.00 feet along said river bank; thence S. 15050|00" E' 79.43 feet along said river bank; thence N. 87"05'00" W' 280'78 feet to a point on the Easterly right-of-way line of said road, the point of begi-nning. The above described parcel of land contains 7.58 acres, more or less. The above described. parcel of land is subject to the Atkinson Cana1. EXHIBIT I'A[ to Petilion for.Exemption of J. Louise Kemme, also kno')vn o as Josephd Lou ise.Kemme. oa May 23, 1975 Board of County .QoflInlss.l.aners Garfleld County Courthouse Glenwood Sprlngs, Colorado 8I Re: Senate Blll 35 ExernPtlon J. Loulse Kemne Gentlemen: LRS/KAY CC-Attorney Hartert Ittorney Mulhall, Jr. Very truly yours, .l,ru:.ry R. Schmreser Plannlng Dlrector 60J t{e have revlewed the proposed e.xenpjtoO U6*ffld l.t ln-somp.llgn'cp.' with the Garfleld County exemptl-ol" pra-s.qdu.rcs.,. . ..-*, Enclosed please flnd a letter frop ths ljty gf. Qlsnfoo{-Sp.rlngs-[frii aoes'address water ana swer.a,ga tneatment J.qr ihe-gropq"s-e'{- ioi created by thls exemptlon., , As there l"s lome". guegtl-an.-gJ. . condemnatlon, etc., we recorllrc0d. that .thl.t qxenptl.o[ Fg gtante'q' Uui revtewed-ln lts entlrtty bl.theS"owtty. AtSo.nneJ-' oo DeraNnv & Ba.rcor"rn ATTORNEYS AT LAW DRAWER 79O MAY 2 3 1975 qARFII,LD C.0,. P LA$iltR ROBERT DELANEY KENNETH EALCOMB JOHN A.THULSON EDWARO MULHALL,JR. ROBERT C. CUTTER SCOTT M. EALCOMB Gr.snwoop Srnrrcs, Cor.onAoo oteor May 22, L975 AR O AVENUE - 6546 E 303 MAY 2 3 1915 GARilEun U'J irLi\iii'lERMr. Larry R. SchmueserGarfield County Planning Department 20L4 Blake Avenue Glenwood Springs, CO 81601 re: J.Louise Kemme Exemption Resolution Dear Larry: Enclosed is a copy of the proposed exemption resolution in connection with the exemption petition of Mrs. J. Louise Kemme filed April 28, L975. I would appreciate your review of the proposed resolu- tion and any comments you may have. Ihis will further confirm my appointment with the Com- missioners Wednesday, May 28, L975, Ett 10:15 A.M. Thank you for your consideration in this matter. Very truly yours, By , Jr. EIvl: ab Encl.cc: Mrs. J. Louise Kemme & E oo ;7zzz'i </ED /4// z z/ ,/r 7s CITY A1'TORNL.Y John A. Tirulsorl CITY I.,4;\,i'IAGER RoY G. R.ineY DIRECTOR OF F JAhICE Loren A. MJyfield frlT'r []r ffiIHNffiJilNN f;PNI}Iffi$ ffiRTMHAAH 1., l'" ,.-,iL I 0 P.O. BOX 728, 81601 May 21, 7975 Board of County Coguuissioners Garfield County Courthouse Glenwood Springs, CO 81.601 Dear Si.rs: Mr. W. J. Colohan has requested water service for a development outside the City at 27th Street and Midland Avenue. At the Regular City Councj-l meeti-ng on April 3, 1975, the Council took the following action: Councilman Durrett moved to grant the rvater conneetion to the Glenwood Raquet Club under the fee as prescribed by the City of Glenwood Springs and with the condition that they may operate on a sewage treatment system or package treatment plant as is approved by the Coun-ty for three years or until such time as sewer services are extended to that area. The rnotion was seconded by Councilman Guerrie and carrj-ed unanimously. Extension of servi-ce will be extended subject to the appropriate ordinance requirements of the City. This letter supercedes my letter of May 6,1975 to Mr. Bud Milner eoncerning the need for execut.ion of a development agreement. Yours very tru1y, ( Roy Ci.ty RGR/jb G ainey Manager 'lY. J. Colohan Larry Schmueser Bud ]t{ilner ec: a Io ApriJ 29, lg|s De.Taneg & EalconibAttoznegs at LawDrawet T9O Glanwood SprLngs, Colorado SrcOl 4ttnr ilr. Edward HulhalJt Jr. Dear Bd.. LRs/kay T 1""1 rwLved your peti tton :tavtewLng Jt ,e ftnd ilzat on" "f;i-exewt!.on for Mg. ryengle attd l.n '.?-f*, ara aot aaarr""Ja]"=nlTt and water serv-i.c.es ;;-jil ' ::J"1:";y,":;!,i,fj""r,i#j::y*;i;:f i,;?;,;Jr:ii," rr ve ean be or-,^,, -.:::- 4.' requested'" ,U, "iii"Z7 ", ,n, firrt,er assistarrc.e do not Jrepj.tpte -to..qontact verg tralg gours, Lattg R. .gclrmueserPlannl.ng DLr*tor