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HomeMy WebLinkAbout1.0 Applicatione · e BEFORE THE BOARD OF COUNTY COMMISSIONERS DF 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 undersi9ned ~---1G~le~n~n~T~ .• ._..E~rr'-'--'-'-1s.___ _____________ ~---~ respectfully petitions the Board of County Commissioners o f Garfield County, Colorado, to exempt by resolution the division of _ ___..... __ acre tract of land into -=3 __ tracts of approximately 6, 3 & 3 acres each, more or less, and ~~-~-----~ which tract to be subdivided is more particularly described as follows: (le9al de s cription -attach separate sheet if additional space is required) The North 11. 68 a cres o f Lot 2, Section 31, Townshi p 6 South , Ran~ We st o f the 6th P. M., together wit h 5. 55 cubic feet o f w ater per minut e of t ime from Prior- ity No. 7 in Water District No. 45 and 3/ 19 of Gµfm or's ciriginaiJ. interest in all other water rig hts in said ditch, to gether with Grant or's interest in the ditch along the east side o f t h e S out h 2/3 rds of Lot 2, Section 31 Township 6 South, Range 94 Wes t of the 6th P~-M.­ Together with all improvements ther e on. from the definitions of 11 subdivision" and 11 subdivision land 11 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: Tlb :·sreperate in order to sell to accomplish terms of divorce settftlement. 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 (c) Vicinity Map · · ~ I ~ ~1- (d) Statement on source of do mestic water -..L~d;1v1~ud. e.. D ( e) Statement on method of sewage di sposa 1 (I Sqt 1 e (f) 100 year floodplain information where live stream crosses or adjoins said tract ( g) Fee in the amount of $ ~I ~ Submitted at Glenwood Springs, Colorado, t his 2_l_ day of (;//LY '19fl. ~AZ&t/ ,/{'~~ Pet it ioner Glenn L. Em s 864 C ounty Rd 323, Rifle , Co. 81650 Mailing Address 303 625-270 0 Telephone Number RICHARD D. LAMM Governor • W.R. SMITH Acting State Engineer 1 ~pq~,_,,_._,,_ /Uf .. ---.._ DIVISION OF WATER RESOURCES : i Department of Natural Resources 1313 Sherman Street -Room 818 Denver, Colorado 80 203 Administration (303) 839-3581 Gro•Jnd Water (303) 839-3587 l AUG221979 ;i/ .;:0 ........ ·-.... .; uv. rL11rttJER August 17, 1979 Mr. Ray Baldwin, Director Garfield County Planning Dept. 2014 Blake Avenue Glenwood Springs 1 CO 81601 Dear Mr. Baldwin: Re: Kerst and Ems Exemptions We have reviewed the material submitted for the above referenced applications for exemption. The developer proposes to use domestic wells for the water supply, which would intercept ground water tributary to the Colorado River at a point where there is still water available for appropriation. This office can is sue individual domestic well permits to individual lot purchasers and we recommend approval of the Kerst and Ems Exempti o ns. HDS/GDV:mvf cc: Lee Enewold, Div. Eng. Land Use Comm. Very truly yours, IU A.4-- Hal D . Simpson, Chief Wa t er Management Branch For: Dr. Jeris A. Danielson Deputy State Engineer ·-----·----------- • \~~ ~r- ~rs ;s _rt Cd:s • f?O ,.- (? c -• _q_n-1 ~~~ v, \Ji rt l\l w 0 p.? - • • 5.5/7c.~ co tj 0 ~ l/) V) ili 0 () <( 3.0 Ac.~ I \ L_ , .._.,.. l - I ~ ' - ' I~ ':> .. ~a. ,< !) :ti ' -::ProfDs~ ,__: l ' \ "f'r-o-po se c:J L1'vt e ~ .......... ______________ _!:::::±::====~--~----~~~~~--"~~ l tvu~ .~i .. !' . ! . ; d I :I ii :I d 'I ii ,, !I ;! ll :1 i' ! I I Recorded at .... ? __ ;_? ....... o'clock. . .A.~ .... M., ..... .Q.~-~9..\:rn.~ .. -~9. .•..• 64, ............... . Reception N o ..... zll'.419...... . ............ C.has •.... S ...... Keegan ............. Recorder. Book 361 Page 469 RECORDER'S STAMP THIS INDENTURE, Made this 28th day of in the year of our Lord one thousand nine hundred and between October sixty-four ----GLENN L. EMS and BARBARA J. EMS ------ whose address is County of Garfield and State of Colorado parties of the first part, and the Public Trustee of the County of Garfield in the State of Colorado, party of the second part, Witnesseth: THATWHEREAS,thesaid ---Glenn L. Ems and Barbara J. Ems---- have executed their promissory note bearing even date herewith for the principal sum of ------FIVE THOUSAND FIVE HUNDRED AND N0/100 ----------------------------Dollars, payable to the order of - - -RIFLE PRODUCTION CREDIT ASSOCIATION - - - - - whose address is Rifle, Colorado after the date thereof, with interest thereon from the date thereof at the rate of 6~ per cent per annum, payable at Rifle, Colorado in monthly installments of Seventy-five and no/ 100 Dollars each on or before the 10th day of each and every month after date until paid, each installment when so paid to be applied first to the payment of the in-·I terest on the amount of principal remaining unpaid, and the balance thereof credited to the principal. AND WHEREAS, The said part ies of the first part are desirous of securing the payment of the principal and intt>.":'est of said promissory note in whose hands soever the said note or any of them may be. NOW THEREFORE, The said part ies of the first part, in consideration of the premises, and for the purpose aforesaid, do hereby grant, bargain, sell and convey unto the said party of the second part, in trust forever, the following described property, situate in the County of Garfield and State of Colorado, to-wit: The North 11.68 acres of Lot 2, Section 31, Townshi~ 6 South, Range 94 West of the 6th P.M., together with 5.55 cubic feet of water per minute of time from Priority No. 7 in Water District No. 45 and 3/19 of Grantor's original interest in all other water rights in said ditch, together with Grantor's interest in the ditch along the east side of the South 2/3rds of Lot 2, Section 31, Township 6 South, Range 94 West of the 6th P .M. : ' . \• !• .. -' . ,·4. Together with all improvements thereon. -.. ... #··\ -..,. ~ /'c;,~ -· ·.---·' " -..c=-,----=..,...4-7--. --. ·-- jl No. 840A. I DEED OF TRUST.-Public Trustee.-Receivers Clause.-Attorney's Fees. -Brudtord-Robinson Printing Company, 1824-46 Stout Street, Denver, Colorado 11 ., ,. i i 1: Book 361 'Page 470 TO HA VE AND TO HOLD the same, together with all and singular the privileges and appurtenances, thereunto belonging: In Trust Nevertheless, That in case of default in the payment of said note or any of them, or any part thereof, or in the payment of the interest thereon, according to the tenor and effect of said note or any of them, or in the payment of any prior encumbrance, principal or interest, if any, or in case default shall be made in or in case of violation or breach of any of the terms, conditions, covenants or agreements herein contained, the bene- ficiary hereunder or the legal holder of the indebtedness secured hereby may declare a violation of any of the cove- nants herein contained and elect to advertise said property for sale and demand such sale, then, upon filing notice of such election and demand for &ale. with the said party of the second part, who shall upon receipt of such notice of election and demand for sale cause a copy of the same to be recorded in the recorder's office of the county in which said real estate is situated, it shall and may be lawful for said party of the second part to sell and dispose of the same (en masse or in separate parcels, as said Public Trustee may think best), and all the right, title and interest of said part ies of the first part, their heirs or assigns therein, at public auction at the front door -of the Court House, in County of Garfield and State of Colorado, or on said premises, or any part thereof, as may be specified in the no.tic~ of such sale, for the highest and best price the same will bring in cash, four we~ks' public notice having been previously given of the time and place of such sale, by advertisement, weekly, in some newspaper of general circulation at that time published in said County of Garfield a copy of which notice shall be mailed within ten days from the date of the first publication thereof to said part ies of the first part at the address herein given and to such person or persons appearing to have acquired a subsequent record interest in said real estate at the address given in the recorded instrument, where only the county and state is given as the address then such notice shall be mailed to the county seat, and to make and give to the purchaser or purchasers of such property at such sale a certificate or certificates in writing describing such property purchased, and the sum or sums paid therefore, and the time when the pur~haser _or purchasers (or other person entitled thereto) shall be entitled to a deed or deeds therefor, unless th~ s~me shall be redeemed as is provided by law; and said Public Trustee sh~ll, upon demand by the person or persons holding the said certificate or certificates of purchase, when said demand is made, or upon demand by the person entitled to a deed to and for the property purchased, at the time such demand is made, the time for redemption having expired, make and execute to such person or persons a deed or deeds to the said property purchased, which said deed or deeds shall be in the ordinary form of a conveyance, and shall be signed, acknowledged and delivered by the said Public Trustee, as grantor, and shall convey and quitclaim to such person or persons entitled to such deed, as grantee, the said property purchased as aforesaici, and all the right, title, interests, benefit and equity of redemption of the part ies of the first part, their heirs and assigns therein and shall recite the sum or sums for which the said property was sold and shall refer to the power of sale herein contained, and to the sale or sales made by virtue thereof; and in case of an assignment of such certificate or certificates of purchase, or in case of the redemption of such property by a subsequent encumbrancer, such assign- ment or redemption shall also be referred to in such deed or deeds; but the notice of sale need not be set out in such deed or deeds; and the said Public Trustee shall, out of the proceeds or avails of such sale, after first paying and retaining all fees, charges and costs of making said sale, pay to the beneficiary hereunder or the legal holder of said note the principal and interest due on said note according to the tenor and effect thereof, and all moneys advanced by such beneficiary or legal holder of said note --·for insurance, taxes and assessments, with interest thereon at 12 per cent per annum, rendering the overplus, if any, unto the said parties of the first part, their legal representatives or assigns; which sale or sales and said deed or deeds so made shall be a perpetual bar, both iti. law and equity, against the said part ies of the first part, theirheirs or assigns, and all other persons claiming the said property, or any part thereof, by, from, through or under said parties of the first part, or any of them. The holder or holders of said note or notes may purchase said property or any part thereof; and it shall not be obligatory upon the purchaser or purchasers at any such sale to see to the application of the purcbase money. If a release deed be required, it is agreed that the parties of the first part, theitieirs or assigns, will pay the expense thereof. And the said parties of the first part, for themselves and for their heirs, executors, and administrators, covenant and agree to and with the said party of the second part, that at the time of the ensealing of and delivery of these presents they are well seized of the said lands and tenements in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; hereby fully and absolutely waiving and releasing all rights and claims they may have in or to said lands, tenements, and property as a Homestead Exemption, or other exemption, under and by virtue or any act of the General Assembly of the State of Colorado now existing or which may hereafter be passed in relation thereto; an'd that the same are free and clear of all liens and encumbrances whatever, I I j I I ! l I I I i I I I· i I I ! --. • ' I i I ! Book 361 Page 471 and the above bargained property in the quiet and peaceable possession of the said party of the second part, his successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will warrant and forever defend. And that during the continuance of said indebtedness or any part thereof the said parties of the first part will in due season pay all taxes and assessments levied on said property and all taxes and assessments levied under the laws of the State of Colorado (except income taxes) on the obligation hereby secured; all amounts due or to become due on account of principal and interest on prior encumbrances, if any; will keep all buildings that may at any time be on said lands, insured against loss by fire in such company or companies as the holder of said note may, from time to time direct, for such sums as such company or companies will insure for, not to exceed the amount of said indebtedness, except at the option of said par1i.esof the first part, with loss, if any, payable to the beneficiary hereunder, as their interest may appear, and will deliver the policy or policies of insurance to the beneficiary hereunder, as further security for the indebtedness aforesaid. And in case of the failure of said parties of the f"ll"St part to thus insure and deliver the policies of insurance, or to pay such taxes or assessments or amounts due or to become due on any prior e~~rance, if. an;y:, then the bolder of sai~ note . , or any of them, may procure 111ch iiuurance, or pay such taxes or usessments or amounts due upon prior encumbrances, if any, and all moneys thus paid, with interest thereon, at 12 per cent per annum, shall become so much additional indebtedness, secured by this deed of trust, and shall be paid out of the proceeds of the sale of the property aforesaid, if not otherwise paid by the said part ies of the first part, and such failure shall be a violation or breach of this covenant and agreement. AND THAT IN CASE OF ANY DEFAULT, Whereby the right of foreclosure occurs hereunder, the said party of the second part or the holder of said note or certificate of purchase, shall at once become entitled to the possession, use and enjoyment of the property aforesaid, and to the rents, issues and profits thereof, from the accru- ing of such right and during the pendency of foreclosure proceedings and the period of redemption, if any there be; and such possession shall at once be delivered to the said party of the second part or the holder of said note or certificate of purchase on request, and on refusal, the delivery of such possession may be enforced by the said party of the second part or the holder of said note or certificate of purchase by any appropriate civil suit or proceed- ing, and the said party of the second part, or the holder of said note or certificate of purchase, or any thereof, shall be entitled to a Receiver for said property, and of the rents, issues and profits thereof, after any such default, including the time covered by foreclosure proceedings and the period of redemption, if any there be, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of the part ies of the first part or of the then owner of said propery and without regard to the value thereof, and such Receiver may be appointed by any court of competent jurisdiction upon ex parte application, and without notice-notice being hereby expressly waived-and all rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to the payment of the indebtedness hereby secured, according to law and the orders and directions of the court. AND, That in case of default in any of said payments of principal or interest, according to the tenor and effect of said promissory note aforesaid, or any of tpem, or any part th?reof, or of a breach or violation of any of the covenants or agreements herein, by the part ies of the first part, i:hei r executors, administrators or assigns, then and in that case the whole of said principal sum hereby secured, and the interest thereon to the time of sale, may at once, at the option of the legal holder thereof, become due and payable, and the said property be sold in the manner and with the same effect as if the said indebtedness had matured, and that if foreclosure be made by the Public Trustee, an attorney's fee of the sum of a reasonable amount cir:Kl:aJcKfor services in the supervision of said foreclosure proceedings shall be allowed by the Public Trustee as a part of the costs of foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the court as a part of the costs of such foreclosure proceedings. IN WITNESS WHEREOF, the said part ies of the first part..htt -~ her~u~ set their ':%;:VY" ~ ' ·~-o> and seals \ the day and year first above written. ·--~ ~~-ii:-dfe~··B~<;2'~: ...... [SEAij" hand ·--~-:?,/f~·rr;j~~¥:s··~~~:EAi] WITNESS: 28th day of October , 19 • Witness my hand and official seal. 1967 ~/ I .......... d..~1..t ... ~J./L ... : ... -.. : ..... ~~~.C.?.:L ....... . Notary Public. • If b>: natural person or persons here insert name.or names ;Irby pers'?ru.··actlng i!' ~epres.entative ?r official capacity or as attorney·in- fact, then msert name of person as executor, attorney-m-fact or other capacity or descr1pt1on; 1f by officer of corporation then insert name of such officer or officers, as the president or other officers of such corporation. naming it. Statutory Acknowledll'ment, Se'c. 118·6·1 Colorado revised Statutes 1953. ,i ·, ,. •' 'i ·i ·: li 11 ii ii II :1 I. !! jl I I !I !I I # DEED OF TRUST FrtOM -~ ' . 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