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HomeMy WebLinkAbout1.0 ApplicationPETITION FOR EXEMPTION BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO: Pursuant to C.R.S. 1973, 30-28-101(10)(d), Alvin C. Donegan, Ralph A. Earnest and Virginia L. Earnest respectfully petition the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution from the definition of the terms "subdivision" and "subdivided land," as set forth in C.R.S. 1973, 30-28-101(10)(a), two parcels of land located in Garfield County, Colorado and particularly described on EXHIBIT ONE attached hereto and made a part hereof. In support of this Petition the undersigned respectfully submit: 1. Both parcels of land are owned by the said Alvin C. Donegan (Donegan) who has verbally agreed to sell and convey one of such parcels, Parcel A comprising 0.71 of an acre, more or less, to the said Ralph A. Earnest and Virginia L. Earnest (Earnests). Donegan will retain the other of such parcels, Parcel B comprising 4.40 acres, more or less. 2. As shown on EXHIBIT TWO, Map of Charles Donegan property drawn by Scarrow and Walker in February of 1966, Parcels A and B are separated only by a fifty (50) foot wide roadway (Midland Avenue) jointly owned and maintained by Garfield County and the City of Glenwood Springs; and in the event of a vacation of such roadway, Parcels A and B could be joined as a single parcel or tract of land. Such possibility is the basis for this Petition For Exemption. 3. The Earnests are the owners of the tract of land lying Northerly of and adjacent to Parcel A. Said tract of land has been identified on EXHIBIT TWO as Parcel C and contains 1.00 acre, more or less. • • 4. The Earnests reside in their dwelling on Parcel C and desire to purchase from Donegan Parcel A in order to increase the size of their residential property, without additional construction taking place on either of such parcels. 5. The Earnests do not desire to develop or to sell Parcel A for development purposes. They agree to develop or to sell for development purposes Parcel A, ONLY upon compliance with Colorado statutes and Garfield County zoning and subdivision regulations including additional necessary exemption requests. 6. Consequently the creation of different ownerships in Parcels A and B is not within the purposes of Part 1 of Article 28 of Title 30, Colorado Revised Statutes, 1973. WI EFORE, the undersigned respectfully request that the Board of County Commissioners of Garfield County, Colorado grant to them an exemption to permit Donegan to sell and convey to Earnests Parcel A, and to retain for his own use or future sale Parcel B without the resulting divi- sion of such parcels being considered as the creation of a "subdivision" or "subdivided land". Submitted at Glenwood Springs, Colorado, this 12th day of May, 1975. Alvin C. Donegan Ra1piA. Earnest Seller Virginira L. Earnest Purchas ers Address: 2225 Midland Avenue Address: 2264 Midland Avenue Glenwood Springs, Colorado 81601 Glenwood Springs, Colorado 81601 • • EXHIBIT ONE TO PETITION FOR EXEMPTION, ALVIN C. DONEGAN, RALPH A. EARNEST AND VIRGINIA L. EARNEST, PETITIONERS Dated May 12 , 1975. PARCEL A A parcel of land situated in the SW,SE4 of Section 16, T. 6 S., R. 89 W. of the 6th P.M., in Garfield County, Colorado, more particularly described as beginning at a point in the center of the Roaring Fork River, whence the Northeast Corner of the SE -4- of said Section 16 bears N. 52°14'24" E. 2,399.42 feet; thence N. 88°34' W. 299. 10 feet, more or less, to a point on the Easterly boundary line of Midland Avenue; thence along such Easterly boundary line of Midland Avenue, N. 10°49' W. 78. 30 feet, more or less; thence along said Easterly boundary line of Midland Avenue, N. 05°14'58" W. 23.60 feet, more or less; thence S. 88°34' E. 321.13 feet, more or less, to a point in the center of the Roaring Fork River; thence along the center of the Roaring Fork River, S. 03°03' W. 100.00 feet, more or less, to a point in the center of the Roaring Fork River, being the point of beginning, containing 0. 71 of an acre, more or less. PARCEL B A parcel of land situated in the W -1 -SE -4- of Section 16, T. 6 S., R. 89 W. of the 6th P.M., in Garfield County, Colorado, more particularly described as beginning at a point whence the Northwest Corner of the SE4 of said Sec- tion 16, bears N. 01°31' E. 1106.97 feet, more or less; thence S. 88°34' E. 336. 84 feet, more or less, to a point on the Westerly boundary line of Midland Avenue; thence along said Westerly boundary line of Midland Avenue, S.05°14'58" E. 343.47 feet, more or less; thence along said Westerly boundary line of Midland Avenue, S. 10°49' E. 180.34 feet, more or less; thence N. 88°34' W. 415.82 feet, more or less; thence N. C1°31' E. 517.38 feet, more or less to the point of beginning, containing 4.40 acres, more or less.