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Home My WebLink About1.0 ApplicationBEFORE •E BOARD OF COUNTY COMMISS•NERS 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, Section 1.02.17 (d) and 3.02.01 the undersigned LARRY A. KINDALL and BERNICE MADELINE KINDALL respectfully petition the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of an 18.4 acre tract of land as described on Exhibit "A" attached into 3 tracts containing approximately 11.5 acres, 3.7 acres, and 3.25 acres respectively, which tracts are depicted on Exhibit "B" attached, from the definitions of "subdivision" and "subdivision 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. Each of the tracts above described have legal access from Garfield County Road 113. 2. The 3 tracts shall be served by 2 existing water wells, one being a domestic well located on Tract 1 and the other being an "inhouse use only" well located on Tract 3. 3. The tracts shall each be served by a separate individual septic system. 4. The size and limited number of the tracts makes their exemption from the subdivision process appropriate. 5. The subject property is situate approximately 1.2 miles easterly of the intersection of Garfield County Road 113 and Colorado State Highway 82 as shown on the vicinity map attached hereto as Exhibit "C". 6. The required fee in the sum of $68.00 is submitted herewith. Submitted at Glenwood Springs, Colorado, this day of August, 1979. % GOLUBA ;`& SCHE I i BY i,{��,y �a Dan Kerst "- Reg. No. 6387 Attorney for Petitioners P.O. Box 1040 Carbondale, CO 81623 Telephone: 963-3796 • EXHIBIT "A" • OUK45 1 PAVE 263 A tract of land situated in Lot 16 and Tract No. 37 of Section 17, Township 7 South, Range 88 West of the Sixth Principal Meridian, lying Northwesterly of the Cattle Creek Road, Northerly of the Southerly line of said Lot 16, Easterly of the Westerly line of said Lot 16, being described as follows: Beginning at Corner No. 6 of said Tract No. 37; thence East 140.58 feet along the Northerly line of said Tract No. 37; thence S. 12° 11' 00" E. 238.00 feet to the Northwesterly right-of-way line of said Road; thence Southwesterly along said County Road 1040.00 feet to the Southerly line of said Lot 16; thence Westerly 470.00 feet along the Southerly line of said Lot 16 to the Southwest Corner of said Lot 16; thence Northerly 765.00 feet along the Westerly line of said Lot 16; thence East 1179.00 feet more or less to Corner No.6 of said Tract No. 37, the point of beginning, containing 18.40 acres, more or less. 5 42 MI 7005 17'30' f � \ EXHIBIT "C" CATTLE CREEK QUAIANGLE3,� 4',..,,\ COLORADO-GARFIELD CO. µyoy� 7.5 MINUTE SERIES (TOPOGRAPHIC) \5� 1 500 000 FEET R. 89 W. R. 88 W, 25 �_o n tI /064 30 306 107°15' 39°30' 7"O0p --\.,36, ;,t' s 82 I, g o \0 ,p 694fi 610 000 FEET 4373 T. 6 S. T 7 S. 4372 4371 +370 27'30" 4369 V 0 \\ 0 \\ 723 � \\ \ V;, vv \ \\ • I \ 0 �l. \\ >L� o, • • GOLUBA &SCHENK ATTORNEYS AT LAW P.O. BOX 931 TAMARACK 1001 GRAND AVENUE (303) 945-9141 GLENWOOD SPRINGS, COLORADO 81601 P.O. BOX 1040 CENTENNIAL PLAZA 502 MAIN (303) 963-3796 CARBONDALE, COLORADO 81623 NICHOLAS W. GOLUBA, JR. DAN KERST JOHN R. SCHENK August 30, 1979 Garfield County Planning Dept. 755 2014 Blake Avenue AUGn ;, Glenwood Springs, CO 81601 1973 ATTN: Ray Baldwin.414 f, .r `./ Re: Kindall Petition for Exemption Dear Ray: I am enclosing for filing a Petition for Subdivision Exemption on behalf of Larry and Bernice Kindall together with my check in the sum of $68.00 for the filing fee. I am hopeful that this matter can be placed on the Commissioners agenda for September 10, 1979. Please advise me as to the date and time that this matter is scheduled for consideration and also let me know if you have any questions or comments after you have reviewed the petition. I am enclosing four copies of the Petition and attachments for your convenience in providing the same to the Commissioners and the County Attorney. Your attention to this matter is appreciated. Yours very truly, DAIQ KERST (a---- DK/sr L Enc. c - Kindalls • • P.O. BOX 931 TAMARACK 1001 GRAND AVENUE (303) 945-9141 GLENWOOD SPRINGS. COLORADO 81601 NICHOLAS W. GOLUBA, JR. JOHN R. SCHENK GOLUBA & SCHENK ATTORNEYS AT LAW November 20, 1979 Garfield County Planning Dept. 2014 Blake Ave. Glenwood Springs, CO 81601 Re: Kindall subdivision exemption resolution Ladies and Gentlemen: P.O. BOX 1'1:448 r CENTENNIAL PLAZA 502 MAIN �i4OV �3S3) ?J 9fi;, 1 CARL ONDALE, COLORADO 81623 J LfLNr 14`itR On or about September 10, 1979 the Board of County Commissioners approved the petition for exemption filed by me on behalf of Larry and Berenice Kindall. I have now obtained, and enclose, a legal description for Tracts 1, 2 and 3, which descriptions should allow the preparation of a formal resolution to be signed by the Commissioners. I am also enclosing a copy of the Eldorado Engineering plat showing the three parcels as divided. Please advise if you have any questions in this regard. I would appreciate your providing me a copy of the resolution as adopted and recorded. Thank you for your cooperation and assistance in this regard. DK/b encls. cc --Mr. and Mrs. Larry Kindall truly yours, KERST • Tract 1. A parcel of land situated in Lot 16 and Tract 37, Section 17, Township 7 South, Range 88 West of the 6th Principal Meridian and more fully described as follows: Peginning at Angle Point 6 of Tract 37 of said Section 17, thence East 140.58 feet; thence S12°ll'00"E 238.00 feet to the Northerly right-of-way of a county road; thence along said right-of-way s53047153"W 126.57 .feet; thence along an arc of a curve to the right with a radius of 731.82 feet, the chord of which is 857°53'47"W 104.67 feet; thence S62°00'00";7 170.45 feet; thence leaving said Northerly right-of-way N22° 03'19"W 478.03 feet; thence East 330.00 feet to the Point of Beginning., containing 3.49 acres, more or less. Tract 2. A parcel of land situated in Lot 16, Section 17, South, Range 88 West of the 6th Principal Meridian oand hmor7e fully described as follows: Beginning at Angle Point 6 of Tract South, Range 88 West of the 6th Principal eMeridian, Township West 330.00 feet; the True Point of Beginning; thence 7 S22003'19"E 478.03 feet to the Northerly right-of-way a county road; thence along said Northerly right-of-way S o „ 245.49 feet; thence leaving said Northerlyw "62 8o 00 U1 00'00"�Y 632.31 feet; thence East �� right-of-way N28o of Beginning., containing 3.48 acres, 334.11feetoretless,the True Point Tract 3. Z. A tract of land situated in Lot 16 and Tract No. 37 of Section 17, Township 7 South, Range 88 West of the Sixth Principal Meridian, lying Northwesterly of the Cattle Creek Road, Northerly of the Southerly line of said Lot 16, Easterly of the Westerly line of said Lot 16, being described as follows: Beginning at Corner No. 6 of said Tract No. 37; thence East 140.58 feet along the Northerly line of said Tract No. 37; thence S. 12° 11' 00" E. 238.00 feet to the Northwesterly right-of-way line of said Road; thence Southwesterly. along said County Road 1040.00 feet to the Southerly line of said Lot 16; thence Westerly 470.00 feet along the Southerly line of said Lot 16 to the Southwest Corner of said Lot 16; thence Northerly 765.00 feet along the. Westerly line of said Lot 16; thence East 1179.00 feet more or less to Corner No.6 o£ said Tract No. 37, the point of beginning, EXCEPTING THEREFROM those parcels of land hereinabove described as Tracts 1 and 2; containing 10.43 acres, more or less. JOHN R. SCHENK DAN KERST SCHENK & KERST ATTORNEYS AT LAW SUITE 209, VILLAGE PLAZA GLENWOOD SPRINGS, COLORADO 51601 January 6, 1981 Mr. Davis Ferrar Assistant Planner Garfield County 2014 Blake Ave. Glenwood Springs, CO 81601 Re: Amendment of Kindall subdivision exemption Dear Davis: (303) 945-2447 I enclose herewith a petition on behalf of Larry and Bernice Kindall, requesting the amendment of the resolution granting a subdivision exemption for their property on Cattle Creek. I also enclose herewith a plat setting forth the revised parcels and legal descriptions as prepared by Gary Berschauer. I would appreciate your presentation of this request to the Commissioners for their consideration. If you have any questions, or if you wish me to provide further information or documentation, please so advise. DK/b enc. ery truly yours, JAN KERST cc --Larry and Bernice Kindall /�'ii" ?r_tTTV r^J ��^ r i('`1c11 fr , r i JAN 81981 i� GARFIELD CO. PLANNER November J, 1980 Parcel C Legal Description A parcel of land situate in Lot 16, Section. 17, Township? South, Range 88 West of the 6th Principal Meridian, more particularly described as follows: Beginning at Angle Point 6 off: Tract 37 of said Section 17, with all bearin^s contained herein being relative to a bearing of North on the line between Angle Point 6 and Angle Point 7 of Tract 37, Section 17a thence West 664.11 feet to the True Point of Beginning; thence S15 17'42"E 673.06 feet to a point on the northerly right-of-way of County Road #113; thence 563°00'00"W 210.68 feet; thence N89°35'00"W 485.77 feet; thence N00°30'00"E 741.37 feet; thence East 489.46 feet to the True Point of Beginning. Said parcel of land contains 9.91 acres more or less. AVENUE / w J 00 M co