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HomeMy WebLinkAbout1.0 Application• OF (..1+';l l' 1 ,.4; ' I.` A GLh5 OF GAI F I ELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and Colorado, adopted January 2, 1979 the Subdivision Regulations of Garfield County, y� Section 2.02.01 (d) and 3.02.01 the undersigned Board of County Commissioners of Garfield tion the division of /,‘-y acre tract respectfully petitioners the Courjty, Colorado, to exempt by resol u- of land into tracts of from the difinitions of approximatelyi )9' «, 1f acres each, more or less, " ubdivision" and "subdivided land" as the terms are used and defined in C.P,.S. s (1973) Section 30-28-101 (10) (a) -(d) and the Garfield County Subdivision Regulations, for the reasons stated below: In support of this petition, the petitioner also submits the following: Map drawn to scale showing proposed lot subdivision and access. Copy of deeds Vicinity map --- Statement on source of domestic water - Statement on method of sewage disposal -F----100 year floodplain information where live stream crosses or adjoins said tract G. -Evidence of the soil types Copy of Assessor's map showing the property Practical description of pro eerrty location Fee in the amount of $ --- - $200.00 fee for each new lot crea tdday Submitted at Glenwood Springs, Colorado, this A 19� Petitioner s Mailing Address (66 Ind S Telephone Number Recorded at v Reception No.! THIS DEED, Made this of the .•64 ,: A A.AllAA 41. ..� . . ,� , A ....+tato, ... w.. ,...11...6.64",,41, Au, 4.";C'366" 15th day of February 1973 , between LEO JAMMARON County of Garfield and State of . 546 N:E 469 Ree to der. 111I\G STAMP' Colorado, of the first part, and JOE JAMMARON whose legal address is 4915 Highway 82, Glenwood Sp s , of the County of Garfield and stat• • t r ,.: . . :{• r.d WITNESSETH, That the said party of the first part, fur sau 1n r:•.: •..t r. • . •t,e Ten Dollars and Other Good and Valuable Ccnsir:erations to the said party of the first part in hand paid by tt.e >a,d party f 'r. . confessed and acknowledged, has granted. bargained. staid at•d : 4. d sell, convey and confirm, un_o the said party of tilt • r.d Dart. r::• • • ,t- a• described lot or parcel of land. situate, iyu.: and 1•. County of Garfield and State of Col -rade. t•• art } part AaxxxS. .... tr., . ipt 4.r.—reef is hereby ti , . i• 1 tt s. r. - d . s grant, bargain. i ., • ._ f.•r..• r. at: the following All that real property described in Exhibit A on the reverse hereof and incorporated herein Zy this reference. ‘4..1 ,.. TOGETHER with all and singular tat hertuftamrnts ani :.pnurtenanc.s there' h•: 4:mg. or r !) v. ae appertaining, and the reversion and reversion,. r.•mainder ar.d remainders, rent,. r --uta- ar:.l l•:•.{'. fe• f; and all 1 the estate, tight, title, interest. claim and demand wh.auuever of the said party of the first part either in law or equity, of, in and to the above bargained premises. with the hereditament- and appurt. nit! e TO HAVE AND TO iIOLU the said premises above, bargained and ueserft•tt!. with tt:• artparte:::.n• es, unto the said party of the second part, his heirs and assigns forever. And the said party of .• for -t 1•:.rt. f r f in, -elf. 1:1 heirs, executors, and tdministrators, does covenant, grant, bargain. and agree t.. and %till: 11.. a.d 1•ar} •.f It.. second part. his heirs and assigns, that at the time of the ensealing and delivery of ti.f...• presents,L. r a • !! s..:. d •.f the p: et:ri-vim above conveyed, as of good, sure. perfect, absolute and indefeasible estate of inl.. r;t:u,ce. 1n :nit%• ui fee simple. and has good right. full power and la”.iul authority to grant, bargain. sell and coney the s:Im, n. manner and f,,rm a•• aforesaid, and that the SOME a..e free and clear from all fernier and ..ther [:rant-. 1•argarn sales. lien-. tuxes, assessments and er.cumbranres of whatever kind or nature soever; except for easements and rights—of—way of record or in use and taxes for 1978 due in 1979. and the above bargained premises in the quiet and pea:es' Ie possession •.f tip.• . n'd ratty of the se. -.•cd part. he- heirs and assigns against 511 and every penton or persons lawfully elaireirl: or to claim the whole or any part thereof. the said party of the first part shall and will WARRANT ANi) FOREVER it1:FEN1P. '1 ho singular nun:' er shall include the plural, the plural the singular. and the use of any gender shall 1 e app!mable Pt all genders. IN WITNESS WHEREOF, the said party of the first i.art has h• r•unto set his hand and seal the day and year first above written. 37. o z.a4t .[SEAL) Leri Jammaron STATE OF COLORADO County of Garfield The foregoing instrument %can ackn•,uledged t•ef•.re nt this 19 78.by Leo Jammaron. My commission expires ,. ✓ • 1 . [SEAL] [SEA[.) day of V• Olea OS 01 . Witness my hand `ar.tek jf12•iirfes • tart�atstla , =/ L d C: No. 932A. wAaaA%7%' I, ;l), 1..r Thi.t.gr-at•,,•r k. vrd itra.t1 rd T..td.,0 nr 1 . •:1-4. rwf a.wrw, 1•1...a• 41. ran•. •^" 4.,...,....,.•• -,,,,,,,- .,,,,........... .,....11.....3.., ..............1.....................- ' .4...t.4.034•••••••••••••••••414s. ........ tot.iik 506 PACE 470 • 4. • . ,,...' ...-. , . ' EXHIBIT A ., ..... k, ,, •, ,, 4 .4 ' .. : • 4 . ,' - :7.• ' 4.,. . . .. : . • • 41. ' . • 1 •• .1 4 .4•1 { • AN UNDIVIDED ONE-HALF INTEREST TN AND TO Lot 23, all theit% 'CI' . . ..., ... art of Lots:7, 8, 22,,28 and 29 easterly and northerly the Roaring Fork River, all that part of Lot 18 southerly of.- the southerly right-of-way line of Colorado State Highway 82, and all that part of lots 24 and 25 southerly and westerly of the southwesterly right-of-way line of said Colorado .,,..: State Highway 82, all in Section 35, Township 6 South, Range • 89 West of the 6th P.M., EXCEPT for any part of the above descritJd lands within the right-of-way of said Highway 82; Together with all water rights used upon, or in con- . . nection with any of said lands above described and particu- _larly 85 shares of the capital stock of the Glenwood Irriga- tion Company and, the water and ditch rights evidenced thereby. EXCEPTING AND RESERVING un-Z:o Grantor all grantor's interest in and to all oil, gas, sand, gravel and all other minerals and mineral rights on all of the above described lands. - "•^„. 1.4-14 7 JO- ] I I • ---7 41Z1311 1 I• is ! 2 Ica It .9 8 10*77,* 7-4 1 • PUBLIC NOTICE •Ta',e Notice that co �1ano14RG3►..) (has) (have) applied to the Board of County Commissioners, Garfield County, State of Colorado, to request a zone change in connection with the following described property situated in the County of Garfield, State of Color2do; to -wit: Legal Description: s n, -r — c;�c-1r Sio Sou -�-tti Q r 8 A e Mt .R‘OiA,..) . c.c.) L 3s Said zone change is to permit the Petitioner(s) E c,,,Ia.rd A11 persons affected by the proposed zone i chance are inv their views, protezts or objections, ted to appear and state meeting, then you are urged to state youryoieWSnbot appear Personally at such have objections to such zone chanQe, as the County letter, will give consideration to the comrrvnts of surroundingParticularly if you in deciding whether to grant or deny the request pfor yzone ownechangrs e.otThis zone change application may be reviewed at the office of the Planning Director at 2014 Blake Ave., Glenwood Springs, Colorado, between the hours of 8:00 o located 5:00 P.M. Monday through Friday. A.M.Aand That public hearing on the.application for the above zone change has been set for the f��` day of \ ��,7 officee oof the County -7,-, sc one s- Garfield 1 -� ', at the hour of Colorado. County Courthouse, GleoodhSprings, Roy al �c rr o—�---r - '� �_ ,,----r7::- ---"/C ---c .-,. - ,_ Garfield County•Plannina-04-rector My commis con expires • i . m) No. 932A. WARYAV fl 1/I:1:1). 1.4 11M4.II raM •^ h. vrd Itraif r.4 1' .r.,, b rtc Land ;t•ii ;iflliarM,J I • :�a' 1 c . 4 • VI EXHIBIT A BOOK 608 i4GE641 A parcel of land situated in Lot 27, Section 35, Township 6 South, Range 89 West of the Sixth Principal Meridian; said parcel lying northerly of the centerline of the Roaring Fork River and being more particularly described as follows: Commencing at the Southeast Corner of said Section 35, a brass cap in place; thence N. 44°34'22"W. 1723.42 feet to a point on the easterly line of said Lot 27 and the centerline of said river, the True Point of Beginning; thence S. 84°55'36" W. along said centerline 212.62 feet; thence N.75°39'12" W. along said centerline 377.20 feet; thence N.82° 09'22" W. along said centerline 237.65 feet to the westerly line of said Lot 27; thence leaving said centerline N.00°08'00"W. along the westerly line of said Lot 27 43.07 feet to the northerly line of said Lot 27; thence N.86°20'06"E. along said northerly line 830.20 feet to a rebar and cap marked L.S.;'16142 at the Northeast Corner of said Lot 27; thence 5.04°25'58"W. along the easterly line of said Lot 27 203.84 feet to the True Point of Beginning; said parcel containing 2.64 acres, more or less. September 9, 1982 EXHIBIT A KKBNA, INC. 1001 Grand Avenue Glenwood Springs, Colorado 81601 • Recorded at Reception No. /-?:11k 'clot 332732 SEP. 21 BOOK GOS r G4O Recorder. THIS DEED, Made this 14th day of between WESTBANK RANCH NO. 1, LTD, partnership September a limited ,19 82, xacooxiarz$ixxduly organized and existing under and by virtue of the laws of the State of of the first part, and ROBERT L. DeROECK and GLENNYCE R. DeROECK Colorado whose legal address is 250 5 Cisar Court, Glenwood Springs, of the County of Garfield and State of Colorado, of the second part: WITNESSETH: That the said party of the first part, for and in consideration of the sum of FIVE THOUSAND and no/100 DOLLARS, to it in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell convey and eonfirm unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit. That parcel of land described on EXHIBIT A attached hereto and incorporated herein by reference, containing 2.64 acres, more or less FILING STAMP GARFIELD SEP 2 2 1982 State Doc. Fee `0 also known as street and number no street number. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and remand whatsoever of the said party of the first part, either in law or equity of, in and to the above bargain premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor forever. And the said party of the first part, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever. subject to: general taxes for 1982 which parties of the second part hereby assume and agree to pay; U. S. patent reservations of record; prior reservations of record of oil, gas, and other minerals; easements and rights of way of record or in use; lack of a right of access from said parcel to any open public road, street, or highway; claims of any third parties in possession of said parcel or any portions thereof; building, zoning and subdivision laws and regulations; and the above premises, in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said party of the first part has caused its Mrt oxname to be hereunto subscribed x1§14.1tx Ilmt/ xtcsYLWIer..garo. #]ttreiaXK NattXX7tfflgiSD is frau 4ipifsx 7820tirzwthe day and year first above written. WESTBANK RANCH NO. 1, LTD. Attest: 4 -- Do ores . `ue.Inger L 1" NK Df g.,. . � - 'e8'PATE OF COLORADO, • }+ s 1'= County of Garf 1.1.1d1.1.1dfof2goiM►ginstrument was acknowledged before me this ya.,�0hp R. Huebinger porlore.d .1 . Huebinger ,Westbank,Development Co., Incorporated, 'AktlIgnk'Ranch No. 1, Ltd.INUaggi r D. Sec tar : ss. By: Westbank Development Co., Incorporate eneral managing partner By ,Rohn K. Huebinger My notarial commission expires: � 6) / Cl sf3 LI general `��it`dent bt/�J / �/� day of Sett*lgbe�i x;"111 as as managing partner or os Witness my hand a Add ess: official seal. fly' L(� l% SaCC►�I� en quidd reiary-.o I v., ....... . •.-v- . . .Epi/!' omisNotary Public sra 6/e/IL.00 d pr,,79 Sj g'/GD/ No. 929. WARRANTY DEED.—From Corporation to Joint Tenants. —Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado (678-6011)-9-78 GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING: 945-8212 / ENVIRONMENTAL HEALTH: 945-2339 / BUILDING 945-8241 March 22, 1983 Robert DeRoeck and Joe Jammaron Box 1419 Glenwood Springs, CO 81602 Dear Mr. DeRoeck and Mr. Jaiuutaron, I am writing to inform you that your Senate Bill 35 Exemption application has been scheduled with the County Couuuissioners on April 4, 1983 at 10:45 A.M. If you have any questions please contact me at this office. CMH:lw /'S 2014 BLAKE AVENUE Sincerely, 7'72. )(A._41,___=:..,. Cynthia M. Houben Planner in/. a- ,eU E G�Sc y ( � ��.`��-� �—< . r' '7 ��- ter✓ zy, d7 / . GLENWOOD SPRINGS, COLORADO 81601 GERALD D. HARTBRT RONALD M. WIL RICHARD L. EVE STINE • LAW OFFICES • APR 2 91983 tti� d% L:.t. 0` s HARTERT, MINCER, WILSON AND EVERSTINE 810 PITKIN AVENUE P.O. BOX 850 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (303) 945-5448 April 28, 1983 Cynthia M. Houben Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, Colorado 81601 Re: DeRoeck - Jammaron Subdivision Exemption Dear Cynthia: LAWRENCE M. MINCER KRISANDRA L. KREFT NEIL S. MINCER JOHN L. KEMP Enclosed is a draft of a proposed subdivision resolution for the above -referenced exemption. The resolution describes the property currently owned by the DeRoecks and by Mr. Jammaron with reference to their recorded deeds, and that portion of the properties to be conveyed by each of them by metes and bounds. In preparing this resolution, I used the language contained in a previous exemption granted by the County Commissioners covering the John Huebinger property which was conveyed to Mr. and Mrs. DeRoeck. Since the purpose of the resolution is to adjust the boundary between the DeRoeck and Jammaron properties, I believe the language contained in the last paragraph of the Huebinger exemption resolution more appropriately applies to this transaction. If you or Earl Rhodes have any questions concerning this proposed resolution, please do not hesitate to contact me. The resolution has been drafted on our automatic typing equipment and we would be more than glad to type the final version of the resolution on the appropriate county forms. This will avoid retyping the entire document and we have done this in the past on other resolutions with Earl's approval. LMM/cl Enclosure cc: T. Peter Craven Robert DeRoeck Yours very truly, HARTERT, MINCER, WILSON AND EVERSTINE • • RESOLUTION NO. 83- J A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ROBERT L. DeROECK and GLENNYCE R. DeROECK and JOE JAMMARON. WHEREAS, Robert L. DeRoeck and Glennyce R. DeRoeck are the owners of a tract of land in Lots 17,26 and 27, Section 35, Township 6 South, Range 89 West of the 6th P.M. in Garfield County, Colorado, as described in the deeds appearing in Book 608 at Page 640, Reception No. 332732 and in Book 606 at Page 168 Reception No. 331588 of the Garfield County records and contain- ing 6.53 acres, more or less; AND WHEREAS, Joe Jammaron is the owner of certain lands in Section 35, Township 6 South, Range 89 West of the 6th P.M. as described in the deed appearing in Book 506 at Page 469, Recep- tion No. 283669 of the Garfield County records containing 91.19 acres more or less and located north and west and adjacent to the property owned by DeRoecks described above; AND WHEREAS, Robert L. DeRoeck and Glennyce R. DeRoeck and Joe Jammaron have petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of their PCrzOeC`Ci la ds described as follows: - Owned byDeRoeck and to be conveyed to Jammaron Y "/\ A parcel of land situated in Lot 27, Section 35, Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: r` nC +� c,� 1, 1 t.te a d 'o- rb (.)1,140 Commencing at the Northeast Corner of said Lot 27, a rebar and cap in place; thence S. 86°20'06" W. along the north line of said Lot 27, 261.03 feet to the True Point of Beginning; thence leaving said north line S. 29°29'00" W. 197.63 feet to a point on the centerline of the Roaring Fork River; thence N. 75°39'12" W. along said centerline 242.78 feet; thence N. 82°09'22" W. along said centerline 237.65 feet; thence leaving said centerline N. 00°08'00" W. 43.07 feet to a point on the north line of said Lot 27; thence N. 86°20'06" E. along said north line 569.17 feet to the True Point of Beginning; containing 1.24 acres, more or less. TRACT B - Owned by DeRoecks and to be retained by DeRoecks The balance of DeRoeck's property described above containing 5.29 acres more or less. Owned by Jammaron, to be conveyed to DeRoecks parcel of land situated in Lot 18, Section 35, Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the Southeast Corner of said Lot 18, a rebar and cap in place, the True Point of Beginning; thence , S. 86°20'06" W. along the south line of said Lot 18, 261.03 feet; thence leaving said south line N. 29°29'00" E. 160.47 feet to a point on the southerly right-of-way line of County Road No. 154; thence S. 60°31'00" E. along said right-of-way line 220.26 feet to a point on the east line of said Lot 18, a • • a rebar and cap in place; thence leaving said right-of-way line S. 04°25'58" W. along the east line of said Lot 18, 19.57 feet to the True Point of Beginning; containing 0.45 acres, more or less. TRACT D - Owned by Jammaron and to be retained by Jammaron The balance of Jammaron's property described above contain- ing 90.74 acres more or less AND WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed divisions do not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the lot splits are solely for the purposes of adjusting property boundaries, and no new lots are created, and WHEREAS, the Petitioners have demonstrated to the satisfac- tion of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of the said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of.Health, that the requested divisions are not part of an existing or larger development and do not fall within the general purposes and intent of the subdivision regulations of the State of Colo- rado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above described 6.53 acre tract owned by DeRoecks is hereby exempted from such defini- tions and said tract may be divided into tracts "A" and "B", all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regula- tions, that the division of the above described tracts "C" and "D" from the above described 91.19 acre tract owned by Jammaron is hereby exempted from such definitions and said tract may be divided into tracts "C" and "D", all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; provided, that this exemp- tion is solely for the purposes of adjusting property boundaries and no new lots are created and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Attest: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Deputy Clerk of the Board Chairman P. O. Box 640 • • L3�f F-` .. .. I�`� GARFIELD COUNTY M k1Y 131983 COUNTY ATTORNEY'S OFFICE G FUlD w. PLASM Glenwood Springs, Colorado 81602 Phone 945-9158 May 12, 1983i,.. `p'-' Lawrence M. Mincer, Fsquire Hartert, Mincer, Wilson and Everstine P. O. Box 850 Glenwood Springs, CO 81602 RE: DeRoeck-Jammaron Subdivision Exemption Dear Larry: MAY 3.11983 GARFIELD I have been contacted by Cynthia Houben of the County Development Department with regard to your proposed draft Subdivision Exemption Resolution for the DeRoeck-Jammaron property. Both Ms. Houben and myself desire some clarification with regard to the last paragraph of your proposed Resolution. There appears to be an inconsistency in the language in which it is implied that four lots will be created by this exemption, when it is also stated that no new lots are to be created through the exemption process. In accordance with Resolution No. 80-65, where an exemption is being requested for the purpose of adjusting boundaries, the properties transferred are considered to be merged into the existing tracts. The question then appears to be: Are Tracts A and C, the newly created parcels, to become parts of Tracts B and D, as appropriate, through this exemption procedure? If no new lots are to be created, it will be necessary for Tract A to be merged into Tract D, and for Tract C to be merged into Tract B. If that is the intent of your Resolution, I think it would be helpful if this issue could be clarified in the last paragraph. It should be made clear that while Tracts A and C are being created, by the exemption process, they will become merged into the larger tracts by the exemption process. Please feel free to contact me, if you have any questions concerning this matter. Ms. Houben will proceed to process the application for an exemption upon receipt of clarification from you. Very .,truly yours, Steven J. Zwick Assistant Garfield County Attorney SJZ/sr pc: Cindy Houben, Garfield County Planner/ GERALD D. HARTERT RONALD M. WILSON RICHARD L. EVERSTINE 411 LAW OFFICES 411 HARTERT, MINCER, WILSON AND EVERSTINE 810 PITKIN AVENUE P.O. BOX 850 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (303) 945-5448 July 1, 1983 T. Peter Craven Attorney at Law P.O. Box 1105 Glenwood Springs, Colorado 81602 Re: DeRoeck - Joe Jammaron Dear Pete: I� ,1L L LAWRENCE M. MINCER KRISANDRA L. KREFT NEIL S. MINCER JOHN L. KEMP Following our telephone conversation in which you indicated that Mrs. Jammaron had some concerns over the DeRoeck - Jammaron boundary adjustment, I contacted the County Attorney, Steve Zwick, and Cindy Houben of the County Planning Office. They attempted to discuss some general concerns over subdivision exemptions with the County Commissioners last week but were unable to do so. I therefore met with them yesterday concerning this specific matter. I previously sent you Resolution No. 83-122 adopted by the Commissioners covering this transaction, approving a subdivision exemption on the basis that the property split is solely for the purpose of adjusting property boundaries and that no new lots are created. This resolution is in conformity with the criteria for considering subdivision exemptions established by the Commissioners under their Resolution No. 80-65. Cindy, Steve and I reviewed this resolution, and I am enclosing a copy for your information. This 1980 resolution sets forth six criteria for granting exemp- tions from subdivision regulations under Senate Bill 35. Para- graph 4 includes a conveyance for the purpose of adjusting boundary lines which is in conformity with the DeRoeck - Jammaron situation. It appears that Mrs. Jammaron's concern centers around whether or not this exemption granted under the criteria set forth in paragraph 4 of the 1980 resolution constitutes one of the three new tracts allowed under the provisions of paragraph 6 of the 1980 resolution. You will note that paragraph 6 allows for the division into three new tracts of property which has been under the same ownership for at least five years. I strongly pointed out to Steve and Cindy that the language in paragraph 6 specif- ically states that only a division, together with earlier divi- sions permitted under circumstances not defined above are included T. Peter Craven, •q. July 1, 1983 Page 2 in the three new tracts limit. I therefore believe that under the criteria established by this resolution, any exemptions granted for adjusting property lines would not be counted in the event of a later application meeting the requirements of para- graph 6. Both Steve and Cindy indicated that they believed this to be a reasonable interpretation, although they pointed out that the County was reviewing subdivision exemptions and that the Commissioners had the power adopt new and different resolutions at any time. Steve further pointed out that Section 3 of the 1980 resolution specifically states that the resolution does not restrict the Board from granting exemptions pursuant to other actions as allowed by law. I am therefore of the opinion that Resolution 83-122 approved May 16, 1983 by the Commissioners for the boundary line adjustment will not, in and of itself, affect any future development of the Jammaron property. Mr. DeRoeck has indicated that he discussed the matter with Joe, who indicated a willingness to proceed, and it does appear that both parties will benefit from the proposed lot line adjustment. I would therefore request that you review the matter with Joe at your earliest convenience and see if he would be willing to execute and deliver the quitclaim deed which I previously sent to you. As I indicated, the DeRoecks have executed the deed cover- ing the property to be conveyed to Joe, and we are ready to proceed with this matter. Very truly yours, HARTERT, MINCER, WILSON and EVERSTINE LMM/ko Enclosure cc: Cindy Houben, Garfield County Planning Dept. Steve Zwick, Esq. Mr. Robert DeRoeck GERALD D. HARTERT RONALD M. WILSON RICHARD L. EVERSTINE 411 LAW OFFICES411 HARTERT, MINCER, WILSON AND EVERSTINE 810 PITKIN AVENUE P.O. BOX 850 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (303) 945-5448 September 19, 1983 Cynthia M. Houben Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, Colorado 81601 Re: DeRoeck - Jammaron Subdivision Exemption Resolution No. 83-122 Dear Cynthia: Pursuant to the above of the recorded deeds LMM/ j m Enclosure cc: Bob DeRoeck T. Peter Craven LAWRENCE M. MINCER KRISANDRA L. KREFT NEIL S. MINCER JOHN L. KEMP )y i4 J Say referenced resolution, we enclose copies exchanged by the parties. Yours very truly, HARTERT, MINCER, WILSON AND WILSON •I Recorded at I C - o'cloc 5213 Reception No THIS DEED, Made this day of 19 83 , between Joe Jammaron May of the County of Garfield , State of Colorado, of the first part, and Robert L. DeRoeck and Glennyce R. DeRoeck whose legal address is 2505 Cisar Court, Glenwood Springs, of the County of Garfield and State of Colorado, of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the sum of Two Dollars and other good and valuable considerations to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and quit claimed, and by these presents do es remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest and demand which the said party of the first part ha s in and to the following described lot or parcel of land situate, lying and being in the County of Garfield and State of Colorado, to wit: A parcel of land situated in Lot 18, Section 35, Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the Southeast Corner of said Lot 18, a rebar and cap in place, the True Point of Beginning; thence S. 86°20'06" W. along the south line of said Lot 18, 261.03 feet; thence leaving said south line N. 29°29'00" E. 160.47 feet to a point on the southerly right-of-way line of County Road No. 154; thence S. 60°31'00" E. along said right-of-way line 210.26 feet to a point on the east line of said Lot 18, a rebar and cap in place;. thence leaving said right-of-way line S. 04°25'58" W. along the east line of said Lot 18, 19.57 feet to the True Point of Beginning; containing 0.45 acres, more or less. also known as street and number (vacant land) TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said part y of the first part, either in law or equity, unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy. Recorder's Stamp GARFIELD AUG 31 1983 State Dec, Fee IN WITNESS WHEREOF, The said part Y of the first part ha s hereunto set hand and seal the day and year first above written. Signed, Sealed and Delivered in the presence of STATE OF COLORADO, ss. County of Garfield Joe his 2 [SEAL] on [SEAL] [SEAL] The foregoing instrument was acknowledged before me this 19 83, by Joe Jammaron My cotnkiitsio i"expires /�/3o %3 9' W N SS'x' ,hjnd and official seal. • L.0 • No. 962. QUIT CLAIM DEED.—To Joint Tenants. day of ress :Notary Public. .C3 (74./e06,/ Bradford Publishing, 5825 W. 6th Ave., Lakewood. ( 0 80214 — (303) 233-6900— 4-81 • Recorded at �_� n'�ock _ ,1110 Reception No.___ •Y:��•.or e� _ THIS DEED, Made this day of May ,1983, between Robert L. DeRoeck and Glennyce R. DeRoeck ofthe County of Garfield and state of Colorado, of the first part, and Joe Jammaron t 34 ;'.c:' l(O9 ecorder. RECORDER'S STAMP atR311983 State Doc. Fe© whose legal addrrss is P.O. Box 1631, Glenwood Springs, Colorado 81602 of the County of Garfield and state of Colorado, of the second part, WITNESSETH, That the said partleSof the first part, for and in consideration of the sum of Two Dollars and other good and valuable considerations wx to the said part le3,f the first part in hand paid by the said party of th<' 1��3e'r second part, t he receipt whereof is hereby confessed and acknowledged, haveremised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the said part y of the second part, his heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said partieSof the first part ha ve in and to the following described lot or parcel of land situate, lying and being in t he of County Garfield and State of Colorado, to wit: A parcel of land situated in Lot 27, Section 35, Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the Northeast Corner of said Lot 27, a rebar and cap in place; thence S. 86°20'06" W. along the north line of said Lot 27, 261.03 feet to the True Point of Beginning; thence leaving said north line S. 29°29'00" W. 197.63 feet to a point on the centerline of the Roaring Fork River; thence N. 75°39'12" W. along said centerline 242.78 feet; thence N. 82°09'22" W. along said centerline 237.65 feet; thence leaving said centerline N. 00°08'00" W. 43.07 feet to a point on the north line of said Lot 27; thence N. 86°20'06" E. along said north line 569.17 feet to the True Point of Beginning; containing 1.24 acres, more or less. also known as street and number (vacant land) TO HAVE ANI) T(1 HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said partleSof the first part, eit her in law or equity, to the only proper use, benefit and behoof of the said part y of the second part, his heirs and assigns forever. IN WITNESS WHEREOF', The said part le$,f the first part ha ve hereunto settheilriand S and seals the day and year first above written. /re'? I • L "(, -- (SEAL] Signed, Sealed and Delivered in the Presence of I Robert L • DeRoeck• ISEAL] • t [SEAL] Glennyce $i DeRoec (SEAL] STATE OF COLORADO, County of Garfield The foregoing instrument was acknowledged before nie this day o1983,by• Robert L. DeRoeck and Glennyce R. DeRoeckr. May My commission expires / Address: SS. <+ J cr , �. ." 19' . Witness my hind an 1 official seal. • (1 f.(//� <c,/ ��� ` ;' : �. - -- C G i" 1t1\il1 iiVC P. '''• ,:::"•;O w ./ • Gi nw'ood Springs, CO 81602 ...'' v.J" No. 933. QUIT CLAIM DF:F:D.— Bradford Puhhtihing, 15165 We 4415 A enue. Golden. Cnlor.,d . 80401— (311)) 275-01.44 — 8-50 /'KDNA Incorporated Consulting Engineers 910 Cooper Avenue Glenwood Springs Colorado 81601 303 945 8664 • Founders Milo S. Ketchum Special consultant E. Vernon Konket (1923-1970) Michael H. Barrett Principals Donavon D. Nickel David E. Austin Don T Pyle Donald C. Weber A. J. Ryan Leroy E. Tobter (1908-1967) John K. Bright Charles D. Keyes William B. O'Neal Ned F Dunbar Robert D. Scarrow Howard B. Browning James R Davis Martin S. Oldford LEGAL DESCRIPTION PARCEL 'A' Associate Principals C. James Erickson Larry R Sward David D Giilaspie James B. Adkins Roger H. Kaness Robert G. Henderson William R. Hamilton John W. Maas Roger H. Smades A parcel of land situated in Lot 18, Section 35, Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the Southeast Corner of said Lot 18, a rebar and cap in place, the True Point of Beginning; thence S.86°20'06"W. along the south line of said Lot 18, 261.03 feet; thence leaving said south line N.29°29'00"E. 160.47 feet to a point on the southerly right-of-way line of County Road No. 154; thence 5.60°31'00"E. along said right-of-way line 210.26 feet to a point on the east line of said Lot 18, a rebar and cap in place; thence leaving said right-of-way line 5.04°25'58"W. along the east line of said Lot 18, 19.57 feet to the True Point of Beginning; containing 0.45 acres, more or less. February 17, 1983 KKBNA, INC. 910 Cooper Avenue Glenwood Springs, Colorado 81601 KKBNA Incorporated Consulting Engineers 910 Cooper Avenue Glenwood Springs Colorado 81601 303 945 8664 • Founders Milo S. Ketchum Special consultant E. Vernon Konkel (1923-1970) Michael H. Barrett Donavon D. Nickel David E. Austin A.J Ryan (1908-1967) Principals Don T Pyle Donald C. Weber Leroy E. Tobler John K Bright Charles D. Keyes William B. O'Neal Neil F Dunbar Robert D. Scarrow Howard B. Browning James R. Davis Martin S. Oldtord Associate Principals C. James Erickson Larry R. Sward David D. Gillaspie James B. Adkins LEGAL DESCRIPTION PARCEL 'B' A parcel of land situated in Lot 27, Section 35, Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the Northeast Corner of said Lot 27, a rebar and cap in place; thence 5.86°20'06"W. along the north line of said Lot 27, 261.03 feet to the _True Point of Beginning; thence leaving said north line 5.29°29'00"W. 197.63 feet to a point on the centerline of the Roaring Fork River; thence N.75°39'12"W. along said centerline 242.78 feet; thence N.82°09'22"W. along said centerline 237.65 feet; thence leaving said centerline N.00°08'00"W. 43.07 feet to a point on the north line of said Lot 27; thence N.86°20'06"E. along said north line 569.17 feet to the True Point of Beginning; containing 1.24 acres, more or less. February 21,1983 KKBNA, INC. 910 Cooper Avenue Glenwood Springs, Colorado 81601 KKBNA Incorporated Consulting Engineers 910 Cooper Avenue Glenwood Springs Colorado 81601 303 945 8664 • • Founders Milo S. Ketchum Special consultant E. Vernon Konkel (1923.1970) Michael H. Barrett Donavon D. Nickel David E. Austin A. J. Ryan (1908-1967) Principals Don T. Pyle Donald C. Weber Leroy E. Tobler John K. Bright Charles D. Keyes William B. O'Neal Neil F. Dunbar Robert D. Scarrow Howard B. Browning James R. Davis Martin S. Oldford Associate Principals C. James Erickson Larry R. Sward David D Gillespie James B. Adkins LEGAL DESCRIPTION PARCEL 'C' A parcel of land situated in Lot 27, Section 35, Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the Northeast Corner of said Lot 27, a rebar and cap in place, the True Point of Beginning; thence S.04°25'58"W. along the east line of said Lot 27, 203.84 Peet to a point on the centerline of the Roaring Fork River; thence leaving said east line S.84°55'36"W. along said centerline 212.62 feet; thence N.75°39'12"W. along said centerline 134.42 feet; thence leaving said centerline N.29°29'00"E. 197.63 feet to a point on the north line of said Lot 27; thence N.86°20'06"E. along said north line 261.03 feet to the True Point of Beginning; containing 1.41 acres, more or less. February 21, 1983 KKBNA, INC. 910 Cooper Avenue Glenwood Springs, Colorado 81601 KKBNA Incorporated Consulting Engineers 910 Cooper Avenue Glenwood Springs Colorado 81601 303 945 6664 • • Founders Milo S. Ketchum Special consultant E. Vernon Konkel (1923.1970) Michael H. Barrett Donavon D. Nickel David E. Austin A. J. Ryan (1906-1967) Principals Don T Pyle Donald C. Weber Leroy E. Tobler John K. Bright Charles D. Keyes William B. O'Neal Neil F. Dunbar Robert D. Scarrow Howard B. Browning James R. Davis Martin S. Oldford Associate Principals C. James Erickson Larry R. Sward David D. Gillespie James B. Adkins LEGAL DESCRIPTION DEROECK PROPERTY A parcel of land situated in Lot 18 and Lot 27, Section 35, Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the Northeast Corner of said Lot 27, a rebar and cap in place, the True Point of Beginning; thence S.04°25'58"W. along the east line of said Lot 27, 203.84 feet to a point on the centerline of the Roaring Fork River; thence leaving said east line S.84°55'36"W. along said centerline 212.62 feet; thence N.75°39'12"W. along said centerline 134.42 feet; thence leaving said centerline N.29°29'00"E. 358.10 feet to a point on the southerly right-of-way line of County Road No. 154; thence S.60°31'00"E. along said southerly line 210.26 feet to a point on the east line of said Lot 18, a rebar and cap in place; thence S.04°25'58"W. along said east line 19.57 feet to the True Point of Beginning; containing 1.85 acres, more or less. February 21, 1983 KKBNA, INC. 910 Cooper Avenue Glenwood Springs, Colorado 81601