HomeMy WebLinkAbout1.0 ApplicationPETITION FOR EXEMPTION
Pursuant to C.R.S. 1973, 30-28-101(10)(d) and the Sub-
division Regulations of Garfield County, Colorado, adopted
1 September, 1972, Sections 1.02.17(d) and 3.02.01, the under-
signed, Mark H. Bearwald and Cecilia Ann Bearwald, respectfully
petition the Board of County Commissioners of Garfield County
to exempt by resolution one certain parcel of land, more fully
hereinafter described, from the definitions of "Subdivision"
and "subdivided land" as those terms are used and defined in
C.R.S. 1973, 30-28-101(10)(d) and the Garfield County Sub-
division Regulations, for the reasons set forth below.
1. Petitioners are the owners of the NW 1/4SE 1/4 and
NE 1/4 SW 1/4 of Section 23, Township 7 South, Range 88 West,
consisting of approximately 80.0 acres in Garfield County,
Colorado, which is zoned agricultural/residential/rural density.
2. Petitioners desire to exempt therefrom in order to
convey, a tract of land described as follows:
A parcel of land situated in the NW 1/4 SE 1/4 of Section
23, Township 7 South, Range 88 West of the Sixth Principal
Meridian, lying Southerly of the centerline of a 60 foot
road easement, Westerly of the Easterly line of said
NW 1/4 SE 1/4 and Northerly of the Southerly line of
said NW 1/4 SE 1/4, said parcel of land is described as
follows:
Beginning at a point on the Easterly line of said
NW 1/4 SE 1/4 said point being in the center of said 60
foot road easement whence the East Quarter Corner of
said Section 23 bears: N. 74°01'16" E. 1276.93 feet;
thence S. 01°19'49" E. along the Easterly line of said
NW 1/4 SE 1/4, 954.95 feet to the Southeast Corner of
said NW 1/4 SE 1/4; thence N. 89°21'04" W. 736.74 feet
along the Southerly line of said NW 1/4 SE 1/4; thence
N. 08°30'00" W. 168.00 feet; thence N. 20°00'00" E.
564.55 feet to a point in the center of said 60 foot road
easement; thence along the centerline of said road ease-
ment 44.88 feet along the arc of a curve to the left,
having a radius of 75.49 feet, the chord of which bears:
S. 88°20'54" E. 44.22 feet; thence N. 74°37'10" E. 336.82
feet; thence 116.18 feet along the arc of a curve to the
left, having a radius of 188.71 feet, the chord of which
bears N. 56°58'54" E. 114.36 feet; thence N. 39°20'38" E.
128.42 feet to a point on the Easterly line of said
NW 1/4 SE 1/4, the point of beginning.
The above described parcel of land contains 11.85 acres,
or less.
Attached hereto are copies of a portion of a U.S.G.S. Topo-
graphical map showing the aforementioned property.
3. The tract sought to be conveyed is contiguous to
an existing 60 foot roadway easement crossing the Northerly
portion of said tract and upon sale of said tract the pur-
chaser will be granted a non-exclusive roadway easement so
that the tract will have access to the Crystal Springs Road,
a public road.
4. Petitioners have caused a residence to be constructed
on the tract and have lived in and maintained such as their
personal residence since 1969. Such tract is served by a water
well located on the tract and providing a good and sufficient
supply of potable water for domestic purposes. A septic tank
and drywell are located on such tract which has adequately
served the residence maintained on such tract since 1969.
5. The tract sought to be conveyed is presently served
by electric power and telephone lines.
6. Petitioners have constructed a new residence located
on the E 1/1 NE 1/4 SW 1/4, Section 23 and intend to move to
such new location as soon as possible. On such move to their
new residence, they desire to sell the tract for which an
exemption is hereby sought for single family residential and
such other uses as are allowed by the Garfield County Zoning
Regulations.
7. By Petition dated January 7, 1974 and resolution of
the Board of County Commissioners of Garfield County, Colorado,
pursuant thereto, dated January 22, 1974, this Honorable Board
exempted two tracts from the definition of the terms "sub-
division" and "subdivided land" and allowed the transfer of
each of the two tracts therein exempted to be made by separate
conveyance. Both of said tracts therein exempted lie within
the tract herein sought to be exempted and petitioners, for
themselves, and their assigns, hereby relinquish the rights
to such exemptions in return for the granting of the instant
exemption. Copies of the aforementioned Petition, together
with the resolution pursuant thereto, are attached to this
Petition for ease of reference.
8. A copy of the deed of conveyance of the subject tract
will be filed with this Petition and the resolution if the
exemption is granted.
Dated this day of April, 1 75.
. DeVilbiss,'
Attorney for Petitioners
303 Main Street
P. O. Box 278
Carbondale, Colorado 81623
Telephone No. 963-3777
STATE OF COLORADO
ss.
COUNTY OF GARFIELD
M.rk H. Bearwald
, r t -A\-- -\ )-CCQVOC4c-Q
Cecilia Ann Bearwald
Mark H. Bearwald and Cecilia Ann Bearwald, being first duly
sworn upon their respective oaths, depose and say that they
have read the above and foregoing Petition for Exemption,
know the contents thereof to be true and correct according
to their best knowledge, information nd belief
Mark H. Bearwald
�� r 1Y>> �s C CCz�ZCoXp
Cecilia Ann Bearwaid
Subscribed and sworn to before me this 1U(Q41:) day of
April, 1975 by Mark H. Bearwald and Cecilia Ann Bearwald.
Witness my hand and official121C-1-771-4
seal.
My commission expires: "✓; /27;?
4/ L�'i2l
Notary Public
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to Colo. Rev. Stats. (1963) Sec. 106-2-33 (3)(d), as
amended, the undersigned, Mark H. Bearwald and Cecilia Ann Bearwald,
respectfully petition the Board of County Commissioners of Garfield
County to exempt by resolution two parcels of land, more fully herein-
after described, from the definitions of "subdivision" and "subdivided
land" as the terms are used and defined in Colo. Rev. Stats. (1963)
Sec. 106-2-33 (3) (a)- (d) , for the reasons set forth below.
1. The petitioners are the owners of the NWQSEQ and NE4SW4 of
Section 23, Township 7 South, Range 88 West consisting of approximately
80.0 acres in Garfield County, Colorado which is zoned as agricultural
land.
2. The petitioners desire to exempt therefrom in order to con-
vey, two separate tracts of land each described as follows:
TRACT A: A parcel of land situated in the NW4SE4 of Section
23, Township 7 South, Range 88 West of the Sixth Prin-
cipal Meridian, lying Northerly of the Southerly line
of said NW4SE4 and Southerly of the centerline of a 60
foot road easement,_ said parcel of land is described
as follows:
Beginning at a point whence the East Quarter Corner
of said Section 23 bears: N.70°08'48"E. 1566.42 feet;
thence S.01°19'49"E. 771.61 feet, thence N.89°21'04"W.
258.06 feet along the Southerly line of said NW4SE4;
thence N.01°19'49"W. 698.15 feet to a point in the cen-
ter of said road easement; thence N.74°37'10"E. 265.86
feet along the center of said road easement to the point
of beginning, containing 4.35 acres, more or less.
TRACT B: A parcel of land situated in the NW4SE4 of Section
23, Township 7 South, Range 88 West of the Sixth Prin-
cipal Meridian, lying Westerly of the Easterly line of
said NW4SE4, Northerly of the Southerly line of said
NW4SE4 and Southerly of the centerline of a 60 foot road
easement, said parcel of land is described as follows:
Beginning at a point in the center of said road ease-
ment whence the East Quarter Corner of said Section 23
bears: N.74°01'16"E. 1276.93 feet; thence S.01°19'49"E.
954.95 feet along the Easterly line of said NW4SE4; thence
N.89°21'04"W. 250.00 feet along the Southerly line of said
NW4SE4; thence N.01°19'49"W. 771.61 feet to a point in the
center of said road easement; thence N.74°37'10"E. 70.96
feet along the center of said road easement; thence
116.18 feet along the arc of a curve to the left,
having a radius of 188.71 feet, the chord of which
bears: N.56°58'54"E. 114.36 feet; thence N.39°20'38"E.
128.42 feet along the center of said road easement, to
the point of beginning, containing 4.80 acres, more or
less.
Attached hereto are copies of a portion of the U.S.G.S. Topographical
chart showing Section 23 and also plats of Tracts A and B.
3. Both Tract A and Tract B are contiguous to an existing sixty.
foot roadway easement crossing the northerly portion of each of said
tracts and on the sale of such separate tracts the purchasers will be
granted a non-exclusive roadway easement so that each tract will have
access to the Crystal Spring Road. A power line is located so as to
serve both tracts.
4. The petitioners have caused a residence to be constructed
on Tract A and have lived in and maintained such as their personal re-
sidence since 1969. Such tract is served by a water well located on
the tract which adequately serves the tract with a good and sufficient
supply of potable water for domestic purposes. A septic tank and dry
well, are located on such tract which has adequately served the resi-
dence maintained on such tract since 1969.
5. Tract B is unimproved. On the sale of Tract B a right to an
adequate flow of water for domestic purposes will be furnished to the
purchaser of Tract B from the well already serving Tract A. On the sale
of Tract A such water right will be reserved for the benefit of Tract B.
There is no reason why the Department of Health should not permit or
approve an appropriate septic system to be installed on Tract B.
6. The petitioners have constructed a new residence located on
the E'-iNE1/4SW1/4 of Section 23, and intend to move to such new location as
soon as possible. On such move to their new residence, they desire to
sell each of Tracts A and B for single family residential use.
7. Copies of the Deeds of Conveyance of Tracts A and B will
be filed with this petition and the resolution if the exemption is
granted.
Dated at Glenwood Springs, Colorado, this
1974.
John D. Lawyer
Attorney for Petitioners
829 Grand Avenue
P. 0. Box 129
Glenwood Springs, Colorado 81601
945-8291
/,/a(
day of January,
MARK H. BEARWALD
(+J r
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CECILIA ANN BEARWALD
T 7S, R. 88 W OF T//E 6 771 P. M.
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( Sec. 23)
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GARFIELD COUNTY
COLORADO
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SCALE / /NC// = /00 FEE T
A parcel of land situated in the NW4SE4 of Section 23, Township 7 South, Range 88 West of
the Sixth Principal Meridian, Tying Northerly of the Southerly line of said NW4SE4 and South-
erly of the centerline of a 60 foot road easement, said parcel of land is described as follows:
Beginning at a point whence the East Quarter Corner of said Section 23 bears: N.70'08'48" E.
1566.42 feet; thence S.01°19'49" E. 771.61 feet; thence N.89°21'04" W. 258.06 feet along
the Southerly line of said NW4SE4; thence N.0I°19'49" W. 698.15 feet to a point in the
center of said road easement; thence N.74°37'10" E. 265.86 feet along the center of said
road easement to the point of beginning.
The above described parcel of land contains 4.35 acres, more or less.
May 31, 1973
Tract A
SCARROW AND WALKER, INC.
Robert A. Wamsley
Registered Land Surveyor
Z 7 S., R. B 8 W. OF T/7'E 677/7?
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30
g(33'
N 74°0/'J6" E /,276. '
,East %4 Corn
Point of Beg/an/n.9.Secfion 23
N W /Q
(Sec.
O/° /9' 49" W-- 77/.6/'
SE /4
'3 )
480Ac..t
GARFIELD COUNTY
COLORADO
5 O/• /9 ' 49 "E
NE 74 SE A4
(Sec. 23)
1
SCALE / /NCH: /00 FEET
4/89" 2/'04")/^- 250.00'
A parcel of land situated in the NW4SE4 of Section ?3, Township 7 South, Range 88 West of the
.)ixth Principal ',eridian, Tying Westerly of the Easiferly line of said NW4SE4, Northerly of the
pSoutherly line ofsaid NW4SE4 and Southerly of the centerline of a 60 foot road easement, said
parcel of land is described as follows:
3eginning at a point in the center of said road easement whence the East Quarter Corner of said
Section 23 bears: N.74°01'16" E. 1276.93 feet; thence S.01°19'49" E. 954.95 feet along the East-
erly line of said NW4SE4; thence N.89°21'04" W. 250.00 feet along the Southerly line of said NW4
bti.,E,I; thence N.01°19'49" W. 771.61 feet to a point in the center of said road easement; thence N.
74°37'10" E. 70.96 feet along the center of said road easement; thence 116.18 feet along the arc
pf a curve to the left, having a radius of 188.71 feet, the chord of which bears: N.56°58'54" E.
glI4.36 feet; thence N.39°20'38" E. 128.42 feet along the center of said road easement, to the
point of beginning, containing 4.80 acres, more or Tess.
'.1
:.lay 31, 1973
Tract B
SCARROW AND WALKER, INC.
Robert A. Wamsley
Registered Land Surveyor
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
WHEREAS, Mark H. Bearwald and Cecilia Ann Bearwald have peti-
tioned the Board of County of Commissioners of Garfield County, Colorado
for an exemption under Colo. Rev. Stats. (1963) as amended, Sec. 106-2-
33 (3)(d), for the exemption of two contiguous tracts of land of 4.8
acres and 4.35 acres more or less, out of the NW4SE4 of Sec. 23,
Township 7 South, Range 88 West and more particularly described as
follows:
TRACT A
A parcel of land situated in the NW4SE4 of Section
23, Township 7 South, Range 88 West of the Sixth Prin-
cipal Meridian, lying Northerly of the Southerly line of
said NW4SE4 and Southerly of the centerline of a 60
foot road easement, said parcel of land is described as
follows:
Beginning at a point whence the East Quarter Corner
of said Section 23 bears: N.70°08'48"E. 1566.42 feet;
thence 5.01°19'49"E. 771.61 feet; thence N.89°21'04"W.
258.0E feet along the Southerly line of said NW4SE4;
thence N.01°19'49"W. 698.15 feet to a point in the center
of said road easement; thence N.74°37'10"E. 265.86 feet
along the center of said road easement to the point of
beginning, containing 4.35 acres, more or less.
TRACT B
A parcel of land situated in the NW4SE4 of Section 23,
Township 7 South, Range 88 West of the Sixth Principal
Meridian, lying Westerly of the Easterly line of said
NW4SE4, Northerly of the Southerly line of said NW4SE4
and Southerly of the centerline of a 60 foot road ease-
ment, said parcel of land is described as follows:
Beginning at a point in the center of said road ease-
ment whence the East Quarter Corner of said Section 23
bears: N.74°01'16"E. 1276.93 feet; thence 5.01°19'49"E.
954.95 feet along the Easterly line of said NW4SE4;
thence N.89°21'04"W. 250.00 feet along the Southerly line
of said NW4SE4; thence N.01°19'49"W. 771.61 feet to a point
in the center of said road easement; thence N.74°37'10"E.
70.96 feet along the center of said road easement; thence
116.18 feet along the arc of a curve to the left, having
a radius of 188.71 feet, the chord of which bears: N.56°58'54"E.
114.36 feet; thence N.39°20'38"E. 128.42 feet along the
center of said road easement, to the point of beginning,
containing 4.80 acres, more or less.
WHEREAS, the petitioners have shown to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado that they
desire such exemption for the purposes of resale of each tract for single
family residential purposes, and
WHEREAS, petitioners have demonstrated to the satisfaction of
the Board that a water well has been located on Tract A which is adequ-
ate to supply both Tracts A and B for residential purposes, and that there
is adequate ingress and egress to both tracts and available power supply
for both tracts and that Tract A already has a septic tank and dry well
installed and there is no reason why the Colorado Department of Health
will not permit a septic system to be installed on Tract B and that the
requested division is in accordance with the general purposes and in-
tent of the subdivision regulations of the State of Colorado and the
County of Garfield, and that such division will actually restrict the
density of housing within such area, and should therefore be exempted
from the definition of the terms "subdivision" and subdivided land"
as set forth in Colo. Rev. Stats. (1963) as amended Sec. 106-2-33(3)(d).
NOW THEREFORE, upon motion of
N 11 /1/7/
seconded by 4„ gf5 6, and unanimously carried,
Tracts A and B above described are hereby exempted from such definition
and transfer of each of Tract A and Tract B may be made separately by
conveyance, all as more fully described in the petition pertaining hereto.
A copy of the instrument or instruments of conveyance when exe-
cuted and recorded shall be filed with this resolution.
Dated this ,q2 day of January, 1974, at Glenwood Springs,
Colorado.
THE BOARD CF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
-2-
Commissioner
Commissioner
Commissioner
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J. E. DEVILBISS
ATTORNEY AT LAW
April 28, 1975
Mr. Larry Schmuesser
Garfield County Planner
2014 Blake Avenue
Glenwood Springs, Colorado 81601
(303) 963-3777
303 MAIN STREET
CARBONDALE, COLORADO 81623
MAIL: P.0. BOX 278
Re: Senate Bill No. 35 Exemptions - Bearwald;
Colorado Rocky Mountain School;
Eustis; Lappala
Dear Larry:
Enclosed you will find the original and one copy of the above
captioned Petitions for Exemption from Senate Bill No. 35.
All of the documents enclosed herewith are signed by the
petitioners and notarized.
Further, you will find enclosed my check in the amount of
$228.00. This includes the basic fee of $50.00 for each
petition, together with a fee in the amount of $1.00 per
acre or part thereof of the property sought to be exempted,
computed thusly:
PETITIONER BASIC FEE $1.00 PER ACRE TOTAL
"BearwaldU/ 0
$50.00 $12.00 $62.00
(11.85 acres)
Lappala $50.00 $11.00 $61.00
(10.058 acres)
C.R.M.S. $50.00 $ 3.00 $53.00
(2.93 acres)
Eustis $50.00 $ 2.00 $52.00
(1.854 acres)
My previous conferences with you would seem to indicate that
Page 2
•
Larry Schmuesser April 28, 1975 -
the enclosed documents together with the enclosed fee is all
that is required, however if anything else is needed please
feel free to call upon me at any time.
Thank you for your assistance in this matter.
Best regards,
rTh
J. ErDeVilbiss
i JEbras
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