HomeMy WebLinkAbout1.0 Application• •
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
PURSUANT to C.R.S. 1973, Section 30-28-101 (10) (a) -(d)
as amended, and Section 1.02.17 (d) and Section 3.02.01 of
the Subdivision Regulations of Garfield County, Colorado,
adopted September 1, 1972 and amended April 14, 1975, the
undersigned DAVID C. BECK, JULIE M. BECK, CHARLES A. BECK
and MONA BECK, respectfully petition the Board of County
Commissioners of Garfield County, Colorado to exempt, by
resolution, the division of their real property as hereinafter
described 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 purpose of creating three (3) parcels
containing approximately five (5) acres, seven (7) acres, and
seventeen and one-half (172) acres, respectively as follows:
(reference should be made to the sketch attached to this
petition as Exhibit "A").
1. The Garfield County Board of County Commissioners
exempted the division of 5.14 acres from real property owned
by Charles A. Beck and Mona Beck by Resolution dated March 17,
1975 (see copy attached as Exhibit "B") which 5.14 acres is
outlined in yellow on Exhibit "A".
2. Said 5.14 acres was conveyed by Charles A. Beck and
Mona Beck to David C. Beck and Julie M. Beck by Deed recorded
December 16, 1975 as Reception No. 270614 in Book 481 at
Pages 341 - 343 of the Garfield County Records.
3. A survey error has been discovered in connection
with the description and acreage of said 5.14 acre parcel and
the parcel which was to have been exempted and conveyed to
David C. Beck and Julie M. Beck, contains 11.54 acres and
is outlined in red on Exhibit "A" attached.
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4. David C. Beck and Julie M. Beck have acquired by
patent from the United States Bureau of Land Management
(see copy attached as Exhibit "C") approximately eighteen (18)
acres as outlined in green on Exhibit "A".
5. Bobby R. Burkett and Donna M. Burkett are the owners
of that real property lying adjacent to and westerly of said
eighteen (18) acre parcel.
6. David C. Beck and Julie M. Beck entered into an
agreement with Burketts dated May 9, 1979 (see copy attached
as Exhibit "D") wherein it was agreed that David C. Beck and
Julie M. Beck would purchase said eighteen (18) acres and that
Burketts would thereupon purchase a portion of said eighteen
(18) acres and a portion of said 5.14 acres from David C.
Beck and Julie M. Beck.
7. It is now the desire and request of petitioners that
this Board approve
for
the purpose of
the division of the petitioners property
creating the following parcels or tracts:
Parcel 1, as designated on Exhibit "A", containing
approximately seven (7) acres.
Parcel 2, as designated on Exhibit "A", containing
approximately seventeen and one-half (172) acres.
Parcel 3, as designated on Exhibit "A", containing
approximately five (5) acres which parcel shall be
and become a part of that real property now owned
by Burketts and described in Deed recorded as
Reception No. 259209 in Book 447 at Page 250 of
the Garfield County Records.
8. The property, the subject of this petition is located
southerly of Garfield County Road 113 approximately one (1) mile
easterly of the intersection of said County Road 113 with
Colorado State Highway 82, as generally depicted on the vicinity
map attached hereto as Exhibit "E" and incorporated herein by
this reference.
9. The petitioners have
the sum of $55.00.
Respectfully submitted at Glenwood Springs, Colorado this
submitted herewith a fee in
day of f�
, 19
Dan -rst At orney for David C. Beck,
Julie M. Beck, Charles A. Beck and
Mona Beck
P.O. Box 1040
Carbondale, CO 81623
Telephone: 963-3796
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EXHIBIT "A"
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EXHIBIO
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RESOLUTION TO SB - 35
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' . 197
WHEREAS, G744& .i1 /Liiea.--L14(biave petitioned the
Board of County Commissioners of Garfield County, Colorado, for an
exemption under C.R.S. 106-2-33(3)(d)(1963 az amended) for the
division of
Six)
approximat::ly
6"1'
described as follows:
acre tract into Qtr tract of
acres, more or less, and more particularly
A triangular shaped parcel of land situated in Lot 16
of Section 17, and in Tract Ho. 37 of Section 17,
Township 7 South, Range 88 Jost of the Sixth Principal
Meridian, lying Northorly of the Southerly line of said
Lot 16 and Southeastorly of the Southeasterly right-of-
way line of a County Road as constructed and in glace,
said parcel of land is described as follows:
Beginning at a point on the Southerly line of said
Lot 16 whence an iron post with a brass cap found in
placo and properly rnarl.od for }nle Point No. 7 of
said Tract No. 37 bears: H. 71'09'30" U. 325.12 foot;
thence hest 898.89 feet along the Southerly line of
said Lot 16 to a point on the Southeasterly right-of-
way line of said road; thence N. 59a23'00" 2. 997.54
feet along the Scuthoastorly right-of-way lino of said
road; thence S. 06'36'09" E. 501.13 feet, more or less
to a point on the Southerly line of said Lot 16, the
point of beginning.
The above described parcel of land contains 5.14 -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 said exemption for the pur:;ose of re-sale'into single-
family residential acreage, and
WHEREAS, Petitioner has demonstrated to the satisfaction of the
Board that thore is a reasonable probability of locating domestic
water on each of said
6714
acre tracts, that there is
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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 division is in accordance with the general
purposes and intent of the subdivision regulations of the State of
Colorado and the County of Garfield and that said division will
actually restrict the density of housing within said arca and should
therefore be exempted from the definition of the terms "subdivision"
and "subdivided land" as set forth in C.R.S.
106-2-33(3)(d)(1963 as
amended);
NOUS THEREFORE, upon motion of ' «� 't; seconded
by � Wiz. 77AZ'77,6,,,_ ,_ and unanimously carried said :5--; /41
acre tract of land is hereby exempted from such definition and
transfer of said tract may be made by division into / tract\
of .5 / ! acres, more or less, all as is more fully described
in the Petition pertaining hereto. A copy of the instrument or
instruments of conveyance when recorded shall be filed with this
Resolution.
Dated this / 7 a y of / L , 19 7J
Attest:
w
THE BOARD OF COUNTY CO:,:.LISSI01 RS
OF GARFIELD COU1 Y, COLORADO
By:
(2)
Form 1860-8
(July 1975)
Colorado 12122
WHEREAS
EXHIBIT "C" •
1Ijc 'J: niteb -) tatei4 of mertca,
My ail to tufjom these presents stall come, greeting:
David C. and Julie M. Beck
are entitled to a Land Patent pursuant to the Act of September 26, 1968
(82 Stat. 870; 43 U.S.C. 1431-1435 (1976)), and Sec. 214 of the Act of
October 21, 1976 (90 Stat. 2743, 2760; 43 U.S.C. 1701, 1722), for the
following described lands:
Sixth Principal Meridian, Colorado
T. 7 S., R. 88 W.,
Sec. 17: Lot 17
containing 18.49 acres:
NOW KNOW YE, that there is, therefore, granted by the UNITED STATES,
unto the above named claimants the land above described; TO HAVE AND TO
HOLD the said land with all the rights, privileges, immunities, and appur-
tenances of whatsoever nature, thereunto belonging, unto the said claimants,
their heirs and assigns, forever; and
EXCEPTING AND RESERVING TO THE UNITED STATES FROM THE LAND GRANTED
1. A right-of-way thereon for ditches and canals constructed by
the authority of the United States. Act of August 30, 1890
(26 Stat. 391; 43 U.S.C. 945).
2. All mineral deposits in the lands so patented, and to it, or
persons authorized by it, the right to prospect, mine, and
remove such deposits from the same under applicable law and
such regulations as the Secretary of the Interior may prescribe.
Sec. 209 of the Act of October 21, 1976 (90 Stat. 2743, 2757;
43 U.S.C. 1701, 1719).
Patent Number
CSEAt,]
IN TESTIMONY WHEREOF, the undersigned authorized officer of the
Bureau of Land Management, in accordance with the provisions
of the Act of June 17, 1948 (62 Stat. 476), has, in the name of the
United States, caused these letters to be made Patent, and the
Seal of the Bureau to be hereunto affixed.
GIVEN under my hand, in Denver, Colorado,
the Thirtieth day of July in the year
of our Lord one thousand nine hundred and Seyenty-nine
and of the Independence of the United States the two hundred
and Fourth,
O5--79--OOO6
By
Division of Technical Services
-}US .Oflt* lNl 111.f11. O.NCI wvf—•n.ua/A •KdON NO. /
• EXHIBIT "D" •
AGREEMENT
THIS AGREEMENT made and entered into this '7 day of
1979 by and between DAVID C. BECK and JULIE M. BECK, (hereinafter
referred to as "Becks") and BOBBY R. BURKETT and DONNA M. BURKETT
(hereinafter referred to as "Burketts"), WITNESSETH:
WHEREAS, the parties hereto are the owners of real property
in Garfield County, Colorado, which property is adjacent to
certain real property which the Bureau of Land Management has
offered to sell to the parties; and
WHEREAS, the parties have reached an agreement regarding the
purchase of the subject BLM property and the apportionment of
such property between them and the sale of certain contiguous
property owned by Becks to Burketts.
NOW, THEREFORE, for and in consideration of the promises and
agreements herein contained the parties hereto hereby agree as
follows:
1. Property Description. The real property the subject of
this agreement, is located in Garfield County, Colorado, is
described as follows and is referred to herein by the following
designations, to -wit:
Beck property.
A triangular shaped parcel of land situated in Lot 16 of
Section 17, and in Tract No. 37 of Section 17, Township 7
South, Range 88 West of the Sixth Principal Meridian, lying
Northerly of the Southerly line of said Lot 16 and Southeasterly__
of the Southeasterly right-of-way line of a County Road as
constructed and in place, said parcel of land is described
as follows:
Beginning at a point on the Southerly line of said Lot 16
whence an iron post with a brass cap found in place and
properly marked for Angle Point No. 7 of said Tract No. 37
bears N. 71°09'30" W. 325.12 feet; thence West 898.89 feet
along the Southerly line of said Lot 16 to a point on the
Southeasterly right-of-way line of said road; thence N.
59°23'00" E. 997.54 feet along the Southeasterly right-of-
way line of said road; thence S. 06°36'09" E. 501.18 feet,
more or less to a point on the Southerly line of said Lot
16, the point of beginning, containing 5.14 acres, more or
less.
s •
Burkett Property.
A parcel of land situated in the SW4NE4 of Sec. 17, Tp. 7
S., R. 88 W., of the 6th P.M., lying southerly of the northerly
line of said SW4NE4 and westerly of the easterly line of
said SW4NE4, said parcel of land being described as follows:
Beginning at the Northeast Corner of said SW4NE4; thence S.
01°07'58" E., 660.00 feet along the easterly line of said
SW4NE4, thence S. 89°37'21" W. 330.00 feet; thence N. 01°07'58"
W. 660.00 feet to a point on the Northerly line of said
SWQNEa; thence N. 89°37'21" E. 330.00 feet along the Northerly
line of said SW4NE4 to the Northeast Corner of said SW4NE4
the point of beginning.
BLM Property.
Lot 17, Section 17, Tp. 7 S., R. 88 W., 6th P.M.,
containing 18.49 acres, more or less.
2. Purchase of BLM Property. Becks shall purchase the BLM
land above described pursuant to the notice of sale and right of
first refusal, a copy of which is attached hereto as Exhibit "A"
and incorporated herein by this reference, and Becks are hereby
appointed nominees of Burketts for the purpose of purchasing said
property, subject to the terms and conditions of this agreement.
3. Sale to Burketts. Within five days of Becks' receipt of
a patent or deed issued by the United States Government to the
BLM property, Becks shall convey to Burketts by special warranty
deed the westerly 100 feet of of the BLM property and that
portion of Becks' property lying westerly of a line extending
from a point on the northerly boundary of the BLM property,
said point being 100 feet easterly of the northwesterly corner of
said property, thence extending north to a point approximately 10
feet northerly of the northerly bank of Cattle Creek, thence
extending northwesterly to a point approximately 1 foot westerly
of Becks' existing mail box, thence extending along the southerly
right of way line of Garfield County Road No. 113 to the westerly
point of the Beck property, thence southeasterly to the northwesterly
corner of the Burkett property.
4. Survey. The property to be conveyed by Becks to Burketts,
shall be surveyed by a registered land surveyor and the corners
of said property and the balance of the BLM property shall be
staked in connection with said survey and the respective acreages
of such parcels shall be determined for the purpose of making
-2-
calculations and prorations required by this agreement. Becks'
conveyance of property to Burketts as herein provided shall be by
surveyed legal description prepared by said registered land
surveyor.
5. Burketts' Payment To Beck. Burketts shall pay to Becks
for all of that real property conveyed by Becks to Burketts,
pursuant to this agreement, the sum of $1,468.36 per acre, which
sum shall be paid as follows: the sum of $2,000.00 upon the
signing hereof and the balance of the purchase price in cash or
certified funds upon Becks' delivery of a deed to Burketts as
above provided.
6. Costs and Expenses. The parties hereby agree that they
will share proportionately the costs and expenses incurred in
connection with this agreement, (including survey costs, attorney's
fees and other incidental expenses) according to the percentage
of the total acreage of the BLM property plus the acreage of that
part of the Beck property conveyed by Becks to Burketts which
each of them receives. The parties shall pay their respective
share of such expenses upon receipt of a billina therefore.
7. Title to Property. Becks' title to that portion of
Becks' property to be conveyed to Burketts shall be marketable
and free and clear of any and all liens and encumbrances except
general property taxes and assessments of a current nature,
easements and rights of way of a public or private nature, U.S.
Patent reservations and exceptions, prior oil, gas and other
mineral reservations and planning, zoning and other governmental
rules and regulations. It is expressly understood that any conveyance
of real property by Becks to Burketts, as herein provided, shall
exclude any water, water rights and ditch rights.
The parties hereby covenant and agree that no building or other
structures shall be placed or constructed upon the westerly 150 feet
of the BLM property, and that portion of the Beck property conveyed
to Burketts shall be subject to a covenant prohibiting the construction
of any residence or dwelling upon said property except for the purpose
of Burketts or their issue as defined by the Colorado Probate Code
residing thereon. The covenants as above provided shall run with
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•
the land for so long as Becks or Burketts, or either of them,
or the surviving spouse of either of them, owns their respective
property above described.
8. Tax Pro -ration. The general property taxes for that
portion of the Beck property conveyed to Burketts as above provided,
shall be pro -rated between the parties as of the date of Becks'
deed of said property to Burketts, which pro -ration shall be made
on the basis of the most recent levy and assessment.
9. Contingency. This agreement is expressly contingent
upon Becks' ability to obtain the BLM property by purchase pursuant
to the Notice of Sale and Right of First Refusal attached hereto
as Exhibit "A" , and their ability to obtain approval of the Garfield.
County Commissioners exempting the transfer and division of the
property as herein provided from the subdivision regulations of
Garfield County, Colorado, and in the event Becks' are unable,
after diligent effort and through no fault of their own, to
purchase said BLM property and to obtain such subdivision exemption,
this agreement shall thereupon terminate, and any portion of the
purchase price paid by Burkett shall thereupon be returned to
Burkett and the parties shall thereafter be relieved of any
further rights or obligations hereunder. Purchase of the subject
BLM property by Charles A. Beck and/or Mona Beck shall constitute
Becks' purchase of said property, shall satisfy the contingency
contained in this paragraph 9, and shall create all the rights and
extend all the obligations of this agreement to the parties.
10. Binding Effect. This agreement shall be binding upon
and inure to the benefit of the parties hereto, their heirs,
personal representatives successors and assigns,
IN WITNESS WHEREOF the parties hereto have hereafter affixed
their signatures the day and year first above written.
/dV,)/Y/
David C, Beck
Julie M.
Beck
)
Bobby R. urkett
Donna M. Burkett
•
1'\ a- C_a,_,Lk •
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EXHIBIT "A"
UNITED STATES
STATES
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
COLORADO STATE OFFICE
Room 700, Colorado State Bank Building
1600 Broadway
Denver, Colorado 80202
NOTICE OF SALE AND RIGHT OF FIRST REFUSAL
In compliance with Section 214 of the Federal Land Policy and Management
Act of 1976 (90 Stat. 2760; 43 U.S.C. 1722), only an owner of land
contiguous to the public land described below has the right of first
refusal to make an offer to purchase such public land at its
September 26, 1973, appraised fair market value:
SIXTH PRINCIPAL MERIDIAN, COLORADO
Serial Parcel Legal 1973
No. No. Description Acres Appraised Value
C-9342 T. 7 S., R. 88 W.,
1 sec. 10, Lot 18 4.02 $8,850.00
C-12122 1 sec. 17, Lot 17 18.49 $27,150.00
2 sec. 16, Lot 15 5.68 $8,350.00
3 sec. 16, Lots 17 and 18 10.89 $16,000.00
C-14060 T. 7 S., R. 89 W.,
1 sec. 3, W1/2W1/2NW4SE4 10.00 $10,000.00
Any person making an offer to purchase is required to submit acceptable
proof of ownership of land that is contiguous to the public land for
which an offer is made. Such proof must show that the offeror is the
owner of such contiguous (not cornering) land on the thirtieth day after
the date of the first publication of this notice.
Any person qualifying as an owner of land contiguous to public land for
which an offer is made, and who in such capacity elects to make an offer
at the 1973 appraised value, must file an offer on an EXERCISE OF RIGHT
OF FIRST REFUSAL form within 45 days from the date of the first publication
of this notice. Such form is available at the Colorado State Office at
the address shown above. The offer must be accompanied by a certified
check, postal money order, bank draft, or cashier's check made payable
to the Bureau of Land Management. Each qualified person who is declared
a possible purchaser will be required to pay a pro -rata share of the
cost of publication of this notice.
Any patent or deed that is issued by the Government will contain a
reservation to the United States of a right-of-way for ditches and •
canals constructed by and under the authority of the United States and
will also contain a reservation to the United States of all minerals and
the right of the United States, or persons authorized by the United
States, to prospect for, mine, and remove those minerals. Under Serial No.
C-9342, there will be, in addition, a right of way reserved for Garfield
County Road No. 107
If the sale of the described public land is not completed under this
EXERCISE OF RIGHT OF FIRST REFUSAL, such land will be offered for sale
at public auction pursuant to the provisions of the Unintentional Trespass
Act (82 Stat. 870; 43 U.S.C. 1431-1435).
Any person claiming any right, title, or interest in the described
public land shall so notify the Bureau of Land Management in writing at
the address shown above within forty-five (45) days from the date of
first publication of this notice.
Date of First Publication
Rodney A. Roberts
Leader, Grand Junction and
Canon City Team
Branch of Adjudication
EXHIBIT "E"
•
P.O. BOX 931
TAMARACK
1001 GRAND AVENUE
(303) 945-9141
GLENWOOD SPRINGS, COLORADO 81601
NICHOLAS W. GOLUBA, JR.
JOHN R. SCHENK
GOLUBA & SCHE
ATTORNEYS AT LA
P.O. BOX 1040
`•�� 7v��(p/ +/r 9 CENTENNIAL PLAZA
502 MAIN
GA104: 0 (303) 963-3796
.
),4LE COLORADO 81623
��lL•((, DAN KERST
September 14, 1979
Ray Baldwin
2014 Blake Avenue
Glenwood Springs, CO 81601
At -u
Dear Ray:
Enclosed find the legal descriptions for the
Dave Beck subdivision application for exemption.
DK/ sr
Enc.
You very truly,
'KERST
LAVE BECV TO BC:B EU-KET
LEGAL IESCRIPTION
A tract of land located in Section 17, Townshir 7 South, Pane 88 West
of the Sixth Principal 1,'eridian, further described as follows:
Beginning at a Point whence the Center Quarter Corner of the Northeast
Quarter of said Section 17 bears N. 89°16'12" W. 56.00 feet;
thence S. 00°22'31" W. 653.79 feet;
thence N. 89°03'17" W. 56.00 feet;
thence N. 00°22'31" E. 653.585 feet to the Center Quarter Corner of
Section 17;
thence along the Southerly line of the Northwest Quarter of Section 17
to the Southeasterly Right-of-way line of a County Poad as constructed
and in place N. 89°16'12" W. 824.25 feet;
thence continuing alone said Southeasterly Fight -of -way line N. 59"44'31" E.
570.64 feet;
thence N. 88°15'21" F. 389.49 feet;
thence S. 00'22'31" W. 310.62 feet to the Point of Beginning and
containing 5.197 acres.
214 Eth
B.L.M. 18.45 ACRE TRACT
LESS TEE 'hESTERLY 56.00 FEET
LEG1 L DFSC 7I FTION
A tract of land located ir. the Northeast Quarter of Section 17, Township
7 South, Pange 88 ::'est of the Sixth Frinciral I"eridian, further described
as follows:
Beginrina at a Point whence the Center Quarter Corner of said Northeast
Quarter of Section 17 bears N. 89°16'12" W. 56.00 feet;
thence S. 89°16'12" E. 1160.73 feet;
thence S. 01°09'42" E. 658.58 feet;
thence N. 89°03'17" W. 1178.43 feet;
thence N. 00°22'31" E. 653.79 feet to the Point of BeainninR and
containing 17.613 acres.
r
LAVE BECK'S TRIANGL'LAP FARCEL
LESS 5.197 FCPES TC BCE BURY ETT
LEGAL DESCR1tTICN
A tract of land located in Section 1?, Townshir 7 South, Range 88 West
of the Sixth Principal Meridian, further described as follows:
Beginning at a Point whence the Center Quarter Corner of the Northeast
Quarter of Section 17 bears N. 89°16'12" W. 56.00 feet;
thence N. 00°22'31" E. 310.62 feet;
thence to the Southeasterly Right—of—way lire of a County Road as
constructed and in place S. 88°15'21" W. 389.49 feet;
thence along said Southeasterly Right—of—way N. 53°47'53" E. 843.59 feet;
thence S. 05"45'55" E. 805.86 feet;
thence N. 89°16'12" W. 374.43 feet to the Point of Beginning and
containing 6.603 acres.
GOLUBA & SCHENK
ATTORNEYS AT LAW
P.O. BOX 931
TAMARACK
1001 GRAND AVENUE
(303) 945-9141
AUG � I
1273 P.O. BX 1040
CENTENNIAL' PLAZA
5 2 MAIN
Lu', {q03 963-3796
GLENWOOD SPRINGS, COLORADO 81601 CARBONDALE, C6t 1RADO 81623
NICHOLAS W. GOLUBA, JR. DAN KERST
JOHN R. SCHENK August 24, 1979
Ray Baldwin
2014 Blake
Glenwood Springs, CO 81601
Re: Beck Subdivision Exemption Petition
Dear Ray:
I am enclosing for filing a Petition for Subdivision
Exemption on behalf of David C. Beck, Julie M. Beck,
Charles A. Beck, and Mona Beck together with my check
for the filing fee in the sum of $55.00 and four copies
of the Petition for your convenience in providing the
Commissioners and Art Abplanalp with copies. It is
my understanding that this matter will be placed on the
Commissioners September 10, 1979 agenda and I would
appreciate your confirming that date and advising me
of the time scheduled at your convenience.
Please let me know if you have any questions or
problems regarding this matter.
DK/sr
Enc.
Yours very truly,
DAN
RST