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HomeMy WebLinkAbout1.0 ApplicationBEFORE 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 3.02.01 of the Subdivision Regulations of Garfield County, Colorado adopted September 1, 1972 and amended April 14, 1975, the undersigned, Leland H. Hunter and Clarice F. Hunter respectfully petition the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of their real property described as Lot 18, Section 10, Township 7 South, Range 88 West of the 6th Principal Meridian, containing 4.02 acres, more or less, as described in United States BK. 532, Ps.762- Patent recorded as Reception No. 294326 A of the Garfield County records, into four tracts referred to as Parcels 1, 2, 3 and 4 and described on exhibits attached hereto and incorporated herein by this reference, 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: 1. The real property to be divided was acquired by the petitioners by virtue of United States Patent, a copy of which is attached hereto. 2. By agreement dated May 21, 1979, a copy of which is attached hereto, Leland H. Hunter, Clarice F. Hunter, Janet M. Stelmesek, William Sands, Darlene Sands and Edith Lynn Hornik agreed to purchase the above described property for the purpose of dividing the same into four parcels, each to be contiguous with and made a part of their respective properties now owned. 3. This exemption is requested for the purpose of effectuating such division of said 4.02 acres with each of the subdivided parcels to become a part of the property now owned by the above named individuals, as follows: Parcel Property Owner Property Description contained in Deed recorded in 1 Leland H. Hunter and Clarice F. Hunter 2 Janet M. Stelmasek 3 William Sands and Darlene Sands 4 Edith Lynn Hornik 4. That as shown on Exhibit "A" the parties the respective portion of Book 443, Page 263 Reception No. 257887 Book 460, Page 407 Reception No. 263429 Book 502, Page 671 Reception No. 281741 Book 513, Page 881 Reception No. 287554 to the agreement between the property conveyed in the above described patent should properly be and become a part of their existing adjacent properties. 5. A fee in the amount of $55.00 is submitted herewith. Respectfully submitted at Glenwood Springs, Colorado this % day of August, 1979. / �. D. n erst Attorney for Leland H. Clarice F, Hunter P.O. Box 1040 Carbondale, CO 81623 963-3796 Hunter and \, • • AGREEMENT THIS AGREEMENT made and entered into this .;1 day of , 1979 by and among LELAND H. HUNTER and CLARICE F. HUNTER, (hereinafter referred to as "Hunters"), JANET M. STELMASEK (hereinafter referred to as "Stelmasek"), WILLIAM SANDS and DARLENE SANDS (hereinafter referred to as "Sands"), and EDITH LYNN HORNIK, (hereinafter referred to as "Hornik") 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 between them of such property and the expenses in connection with such purchase. NOW, THEREFORE, for and in consideration of the promises and agreements herein contained the parties hereto hereby agree as follows: 1. Property Description. The property owned by the Bureau of Land Management, which is the subject of this agreement is described as Lot 18, Section 10, Township 7 South, Range 88 West of the Sixth P.M., Garfield County, Colorado„ and is referred to hereinafter as the "BLM property". The real property currently owned by the parties to this agreement and which is contiguous to said BLM property is described in the respective deeds of the parties recorded in the records of the Clerk and Recorder of Garfield County Colorado, as follows: Party Recording Data Leland 0. Hunter and Clarice F. Hunter Book 443, Page 263 Janet M. Stelmasek book 460, Page 407 William Sands and Darlene Sands Book 502, Page 671 Edith Lynn Hornik Book 513, Page 881 • • The BLM property and that portion of the parties' respective properties being contiguous thereto are generally shown on the plat attached hereto as Exhibit "A" and incorporated herein by this reference. 2. Purchase of BLM property. The parties hereto hereby appoint and nominate Leland 0. Hunter, to act as nominee in their place and stead and on their behalf in the purchase of 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 "B" and incorporated herein by this reference. It is hereby understood and agreed that said Leland ti. Hunter shall act as nominee for the parties for the sole purpose of purchasing said property and effectuating its conveyance to the parties hereto in accordance with the terms and conditions of this agreement. 3. Survey. The BLM property shall be surveyed by a registered land surveyor employed by Scarrow & Walker/KKBNA of Glenwood Springs, Colorado for the purpose of preparing legal descriptions of the respective portions of the BLM property to be conveyed to each of the parties hereto, staking the corners of such parcels as so determined and calculating the acreage of each such parcel. It is understood and agreed that the division of the BLM property shall be accomplished by extending to the centerline of Garfield County Road 113 (referred to by the BLM as County Road 107), the easterly and westerly boundary lines of the parcels of real property currently owned by the parties hereto, which parcels are contiguous to said BLM property. The acreages of the four parcels resulting from the division of the BLM property shall be determined by said surveyor for the purpose of making calculations and pro - rations required by this agreement. The conveyance of the respective portions of the BLM property to the parties hereto shall be by surveyed legal description prepared by said registered land surveyor. -2- • • 4. Subdivision Exemption. It is understood and agreed that an exemption from the subdivision regulations of Garfield County must be obtained from the Garfield County Commissioners prior to the division of the BLM property and its conveyance to the respective parties hereto and the cost thereof shall be borne proportionately by the parties as provided below. 5. Purchase Price and Expenses. The parties hereby agree that they will share proportionately the costs and expenses incurred in connection with the performance of this agreement (including payment of the purchase price of $8,850.00, survey costs, attorney's fees and other incidental expenses) according to the percentage of the total acreage of the BLM property which each of them receives. The parties agree that they shall each pay their respective share of such purchase price and expenses upon receipt of a billing therefor. Within five days of their receipt of notice from Dan Kerst, attorney at law, of their respective share of such purchase price as determined in accordance with the above referenced survey, the parties shall each pay said sum by certified check made payable to the Nicholas W. Goluba, Jr. Trust Account and delivered to Dan Kerst at P.O. Box 1040, Carbondale, Colorado 81623. 6. Conveyance of Property. The nominee shall, and is hereby directed, to convey to each of the parties hereto their respective portion of the BLM property as determined in accordance with the above referenced survey as soon as practicable after the nominee receives a patent or deed issued by the United States Government to the BLM property, and an exemption of said property from the subdivision regulations of Garfield County is obtained. The conveyance of the respective portions of the BLM property by the nominee shall be whatsoever and shall right of way for the shall be thirty feet by quit claim deed, without warranty expressly except therefrom an easement and adjacent Garfield County Road, which easement in width and shall be described by said surveyor in reference to the centerline of said county road. -3- • • 7. Contingency. This agreement is expressly contingent upon the nominee's ability to obtain the BLM property by purchase pursuant to the Notice of Sale and Right of First Refusal attached hereto as Exhibit "B" and in the event said nominee is unable with the assistance of said Dan Kerst and after diligent effort, to purchase said BLM property, this agreement shall thereupon terminate and the parties shall thereafter be relieved of any further rights or obligations hereunder. 8. Power of Attorney. The parties agree that they shall each execute and deliver to Dan Kerst a power of attorney to enable him to take all necessary action to effectuate the nominee's purchase of the subject BLM property and to act in their stead and on their behalf in connection therewith. 9. 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. /i/ 4 Leland H. Hunter Clarice F. Hunt l JT t M. Stelmasek William Sands r , • /c)/1. , 67 / I I I ( 01 f \\ (T3 \ C.) I 1/ I 1)0)1 1 rt)) Z:11 1( 1111 ) / ( I ) 1 ••• I t 4 X ••• ( 9 g• \ \\,(2) \ , 1 I • I I 1 1 • (41;1 I Id 4 et. • • EXHIBIT "B" UNITED 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, W ZW ZNWQSEl 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 Form 1860-8 (July 1975) Colorado 9342 WHEREAS Xbe ntteb tater of arnertca, 1 o all to tutjom tljeise preoentss 51) all come, 'r: reefing: Leland H. and Clarice F. Hunter 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. 10: Lot 18 containing 4.02 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). SUBJECT TO a road easement in favor of Garfield County, Colorado, for an existing Garfield County road, said easement being 30 feet in width as measured perpendicularly from the northern boundary of the land hereinabove described. Patent Number [SEAL 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. 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