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
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 under-
signed William Beerman
respectfully petitions the Board of County Commissioners of Garfield County,
Colorado, to exempt by resolution the division of 38.5
acre tract of
land into 3 tracts of approximately 12.85 acres each,
more or less, and which tract to be subdivided is more particularly described as
follows:
(legal description - attach separate sheet
if additional space is required)
ATTACHED
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 reasons stated below:
One site to be retained by owner.
Two sites to be offered for sale.
In support of this petition the petitioner also submits the following:
(a) Map drawn to scale showing proposed
lot subdivision and access.
(b) Vicinity Map.
(c) Statement on source of domestic water.
(d) Statement on method of sewage disposal.
(e) 100 year floodplain information where
live stream crosses or adjoins said tract.
(f) Fee in the amount of $ 88.50
Submitted at Glenwood Springs, Colorado, this 13th day of December , 1978.
WJ
Petitioner
2429 Blake
Mailing Address
Glenwood Springs, CO
945-9618
Telephone Number
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DOMESTIC WATER - SEWAGE DISPOSAL
Water by household wells to be drilled, if permit is granted.
Sewage disposal by County approved Septic System.
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The printed portions of this form approved by tho
Colorado Real Estate Commission (SC 50-10-75)
RECEIPT AND OPTION FOR INSTALLMENT LAND CONTRACT
(RESIDENTIAL)
•
t y6. �).) � � 11/24 19 78
a
RECEIVED F Ft01<F William Beerman .,�`" f;.%: ti -,' ! ; ', ,
Purchaser (as joint tenants), the sum of , 000 • in the form of check
to be held by Trans Western Land Co. , broker, in his escrow account or trustee account,
as earnest money and part payment for the following described real estate situate in the
County of Garfield ,Colorado,towit:
See Exhibit "A" attached hereto
with all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter
provided, in their present condition, ordinary wear and tear excepted, known as No
which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of
$ 55,000. , payable as follows: $1 , 00° • herebyreceipted for,
$ 11,000. in cash, bank, or certified funds aclosing.
$43,000. plus interest at the rate of 10o,per annum due and
payable in one installment on or before 5/1/79. ----
Price to include:
1. Title shall be merchantable in the seller. } }I ilgtgtxk x>;4xxifami14?;t'x43'It lei {;L-xcktkex• a current
commitment for a title insurance policy in an amount equal to the purchase price, at seller's N>Nti.'oANN* expense,
shall be furnished the purchaser on or before 12/10 , 19__7_8. lowii§xmaiN.Yauzaias`i
X;IdItX IX Xt brXkfc iii Cseller shall deliver the title insurance policy to purchaser after closing date speci-
fied in paragraph 2, and pay the premium thereon.
2. The closing date shall be 12/15 , 19_213_, unless the parties shall mutually
agree upon an earlier date. On such date the seller and the purchaser agree to execute an installment land contract,
for the sale of the above described property, wherein the seller agrees to execute a good and sufficient gPnPraL.
warranty deed to purchaser conveying said property free and clear of all taxes, except general taxes for 197
payable January 1, 19_7-9_, and except none
free and clear of all liens for special improvements now installed whether assessed or not; free and clear of all liens
and encumbrances except: none
and, subject to building and zoning regulations and restrictive covenants of record, and easements for telephone, elec-
tricity, water and sanitary sewer and except Reservation n sellers of all minerals
arid subject. to covenants, reservations and provisions
___out1±nes__in exhibit R
Said deed shall be delivered to Trans Western Land Co.
, a corporate escrow agent, pursuant to a written escrow agreement
providing for delivery of deed to purchaser upon payment in full of the purchase price, or as follows:
$43,000 plus accrued interest on or before 5/1/79.
Thr: foe paylllrlo to the eacrow r,.;;'Pnt ;hall not exceed $_(I7OP1C' _ _ __ and shall he shared equally by the pur-
r' w, r.P nmi rn 111 c,
`'il. �'it: :, t)-1O•7d, n r•rll:l and 4gmw, fw. lnnlnllnrr nl l,nnd 1'wrlrurl Inr.nhlnulinll
Ilrr..lhn,I 1'��I,Il.:! , r �,, In'i 1n �:Lu.r I; ,•.,.i, Ir...;..,, 1...i •:r• .i,. nl ,c:
Estimated
3/ General taxes for 1.9.7_9_ shall be apportioned to date of delivery of deed based on the most recent levy and the
most recent assessment. Prepaid rents, water rents, sewer rents, if any, and
shall be apportioned to date of delivery of deed.
4. Possession of the property shall be delivered to purchaser on delivery of d # C' -1
subject to the following leases or tenancies: none
If the seller fails to deliver possession on the date herein specified the seller shall be subject to eviction and shall be
liable for a daily rental of $ non until possession is delivered.
5. The risk of loss shall be on the seller until the closing date or the date of possession by purchaser, whichever
shall be earlier.
6. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or per-
formed as herein provided, there shall be the following remedies. In the event a payment or any other condition hereof
is not made, tendered or performed by the purchaser, then this contract shall be null and void and of no effect, and
both parties hereto released from all obligations hereunder, and all payments made hereon shall be retained on behalf
of the seller as liquidated damages. In the event that the seller fails to perform any condition hereof as provided here-
in, then the purchaser may, at his election, treat the contract as terminated, and all payments made hereunder shall be
returned to the purchaser; provided, however, that the purchaser may, at his election, treat this contract as being in
full force and effect with the right to an action for specific performance and damages.
7. If title is not merchantable and written notice of defects is given to the seller or broker prior to closing
date, and shall not be rendered merchantable within 30 days after such written notice, then this contract, at pur-
chaser's option, shall be void and of no effect and each party hereto shall be released from all obligations hereunder
and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract, if any, to
seller. If such notice is not given prior to the closing date, purchaser shall be deemed to have accepted the title
as merchantable except as to seller's liabilities under the warranty deed.
8. AdditionalProvisions: See Exhibit B and C, a part of this contract
9. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser
and sh null. . to the benefit of the heirs, successors and assigns of said parties.
Agent FPA—T ATI. WEST1 RN AND�Q
//�A} r f'r
�C.. By. E, .�, i ,a �;",'.? , 9
Seller approves the above contract this (---yi day of `"`�� '
pay at closing a commission of ___]-.0____.% of the gross sales price for services in this transaction, and agrees that, in
the event of forfeiture of payments made by purchaser,. such payments shall be divided between the seller's broker
and the seller, one-halfthereof to lsaid broker, but •not to exceed the commission, and the balance to the seller.
P,04.4 .1 . . ?�y7�y; V .. L L F d_' `_.:y a. A � /..„/ 4=,.:: .. :.1
C; j.,;;•: -.11L.,,,
°�..! ., t:.‘.. lig L.(21_,','‘..C6 Ek'\i"i' - �"�3;'t."•‘.4+),' 6..! : `'�
Seller i Seller
r-• i7.
, 19 % and agrees to
Purchaser's Address
Seller's Address
GC) 1 (,=
Exhibit B
A. Covenants, in content similar to the following cov-
enants, among others, may be adopted by seller prior to the
delivery of deed called for under this installment land contract.
The lands to be conveyed shall be burdened by such coven-
ants which shall run with the land.
1. Number and Location of Buildings. No buildings or
other structures shall be placed, directed, altered, or permitted
to remain on any Lot or Tract of the land other than:
a. any detached single family dwelling house, and
b. one guest or servant's house, and
c. one attached or detached garage, and
d. one barn or stable or other non-residential
outbuilding, other than a garage.
All dwellings shall be located at least 200 feet from and
shall not be in clear view of existing dwellings on any other
tract or lot, and all permanent improvements shall be set back a
minimum of 100 feet from all boundary lines or from any roadway
easement running through the tract.
2. Dwelling House to be Constructed First. No guest house,
servant house, garage, stable, barn, or other outbuildings shall
be constructed on any tract until after commencement of the
dwelling house on the same tract. All construction and alter-
ation work shall be pursued diligently and each building struc-
ture or improvement which is commenced on any tract shall be
entirely completed within 18 months after commencement of the
structure. Failure to complete any structure within such period
may subject such to removal.
3. Used or Temporary Structures. No used or previously
erected or temporary house, structure, house trailer, or non-
permanent outbuilding shall be placed or erected or allowed to
remain on any tract except during construction periods, and
no dwelling house shall be occupied in any manner prior to its
completion.
• •
4. Government Regulations. None of the lands shall be
used for any purpose contrary to the zoning, subdivision or
building regulations in Garfield County, validly in force from
time to time, except that the same may allowed under said
regulations as non -conforming uses or under special review pro-
cedures.
5. No Business Uses. None of the lands shall ever be
used or occupied for any commercial or business purpose or for
any noxious activity, and nothing shall be done or be permitted
to be done on any part of the lands which is a nuisance or
might become a nuisance to the owner or owners of any said lands
of adjoining lands. No storage of machinery or equipment shall
be maintained on any of the lands and all service yards, trash
yards, wood piles or storage piles shall be kept screened by
adequate planting or fencing so as to conceal them from the view
of neighboring tracts and roads. No rubbish, trash or junk shall
be allowed to accumulate
•
on any of the lands.
6. Towers and Antennae. No towers or radio or television
antenna higher than 3 feet above the highest roof line of the
dwelling house shall be erected on any tract, and all such towers
and antennae shall be attached only to the dwelling house or
guest house or any tract.
7. Architectural Control. No reflecting roofs, shall be
used or permitted to remain on any buildings or structures located
within the tracts. The exterior colors used on all buildings or
structures within any tracts shall be harmonious with the natural
surroundings. No main dwelling unit shall contain less than 1,000
square feet of living area, and no guest house less than 600 square
feet.
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8. Tanks. No elevated tanks of any kind shall be erected
or placed or permitted on any tract and any tank used in connection
with any dwelling house or other structure on any tract including
tanks for storage of gas, fuel, oil or water shall be buried.
9. Underground Utilities. Upon subdivision of any tract
into less than 65
!acres, all utility lines serving all such subdivid-
1 •,yam
ed, tracts shall be;`p'-aced under ground.
10. Signs. With the exception of one for rent or for sale
sign, which shall not be larger than 20 x 26 inches and except
for one entrance gate sign of an harmoneous style and design,
no advertising signs, billboards, unsightly objects or nuisances
shall be erected, altered or permitted to remain on any tract.
11. Restrictions on Re -subdivision.
provisions of any subdivision or zoning regulations promulgated
from time to time by Garfield County, or any political subdivison
or agency thereof, the land shall not be re -subdivided into smaller
parcels nor conveyed or incumbered in parcels of less than tracts
of five acres each.
12. Easements. Any access roads or easements to the lands
shall be made available to adjoining landowners for access as
perpetual non-exclusive easements and rights of way.
13. Amendment of Covenants. These covenants may be amended
at any time by sellers, or the Homeowners Association when estab-
lished, recording such amendments in the Garfield County records,
duly executed and acknowledged by the then current owners of not
less than two thirds of all of the contiguous land as presently
owned by the seller.
Notwithstanding the
a,
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16. Enforcement Actions. Sellers,o r any of the owners
of tracts affected by these covenants shall l�ave the right, at
any time, to enforce these covenants by an ction for injunctive
relief and for damages by reason of violation of any of these
covenants.
17. Termination of Covenants. These covenants shall
extend and run for a period of the lives
P. Morris, and Janet F. Kistler'"^'
years.
18.
enants be
competent
of John A. Sharp, Robert
__ ---� plus 21
Severability. Should any part or parts of hese cov-
declared invalid or unenforceable by any court of
jurisdiction such decisions shall not affect the
validity of the remaining covenants.
B. Prior to delivery of deed seller shall establish a
egestrian,hiking, and cross country skiing
reserved,trail and,utility easements running across the subject
lands, which easements shall not be unreasonable in their scope.
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Exhibit C
1.This contract is contingent upon buyer obtaining at his sole
expense, a staked survey of subject property and approving
property boundaries by 12/12/78.
2.The cost of the paper work by a survey company to describe the
subject property for the field work survey as outlined in the
legal description (Exhibit A) will be paid by the sellers.
3.The cost of contracting for and the surveying field work and
the setting of property corners, shall be paid by the buyer.
4.Seller will grant a non-exclusive road easement to be flaged
by 12/10/78 and legally described by May 1, 1979 at buyers
expense, but subject to sellers approval before 12/10/78 of
the proposed and flaged easement.
5.If purchaser completes such road with proper road base prior
to 5/1/79, the total purchase price of subject property shall
be reduced $1,000. Should such road not be completed by 5/1/79,
but is completed before or after sellers convey other lands
which shall be served by and utilize the road easement reserved,
seller shall pay to William Beerman the sum of $1,000. within
30 days of tranfer of other lands owned by sellers desribed
in this paragraph.
6.The deed, when delivered, shall contain a reservation of a
non-exclusive road easement through and across the subject ,!f
property, such to serve the property of seller adjacent thereto.
The description of such easement shall be determined by seller.,Ef ..
at the time of delivery of deed, but shall not pass within:100 f.7
feet of any single homesiteof 1 acre or less designated by buyer.
Any practical difficulty in the description of the easement
shall be resolved between buyer and seller by mutual agreement �h1'St)?•;
or by arbitration is no such agreement is reached.
7.The contingentcies and provisions in paragraph 1 through 6
above shall be met by both parties earnestly pursuing such,
and if any of the above are not met, this contract shall become
null and void, and the $1,000. earnest money refunded.
ll William Beerman ' -N
D00.,L r)
Carbondale Land Developement Corp
,xhiblz A 411
Lands located in T.7,S. R.88.W. 6th P.M. Garfield County,
Colorado
Parcel 1:. Lot 16 Section 10 except that portion lying
southerly and westerly of. County Road 112
containing 33 acres more or less.
Parcel 2: The West 110' of Lot 7 Section 11 containing
3.33 acres more or less.
Parcel 3: That part of Lot 7 Section 11 described as
follows:
Commencing at a point on the easterly boundary
of the West 110' of Lot 7 440' North of the.
South line of lot 7. Thence S. 45° E. 622.25
to the south line of Lot 7. Thence West 440'
to the East line of the West 110' of Lot 7.'
Thence North along the East line of the West
110' of Lot 7 440' to the point,of beginning
containing 2.22 acres more or less. .
Exceptions
1) All mineral interest.
RICHARD D. LAMM
Governor
DIVISION OF WATER RESOURCES
Department of Natural Resources
1313 Sherman Street - Room 818
Denver, Colorado 80203
Administration (303) 839-3581
Ground Water(303) 839-3587
January 9, 1979
Mr. Ray Baldwin, Director
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, CO 81601
Dear Mr. Baldwin:
4.144,
i•
Re: Beerman Exemption
C.J. KUIPER
State Engineer
Lv
We have reviewed the above referenced application for exemption.
The wells proposed for the water supply would intercept ground water which
is tributary to Cattle Creek, an overappropriated stream. Since new wells
would cause injury to senior water rights, permits cannot be issued by this
office and we cannot recommend approval of the Beerman Exemption.
JAD/GDV:mvf
cc: Lee Enewold, Div. Eng.
Ralph Stallman
Land Use Comm.
Very truly yours
cL.
r. Jeris A. Danielson
puty State Engineer