HomeMy WebLinkAbout1.0 Applicationi;; f: D OF Uf
4ARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
• TK-.. 5 -
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and
the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979
Section 2.02.01 (d) and 3.02.01 the undersigned/A.,011 �1� J-Owel/
respectfully petitioners the
Board of County Commissioners of Garfield Coupty, Colorado, to exempt by resol u-
1`wo a•3tracts of
tion the division of -. acre tractsof land into 1-“,o
approximately
0.3
"subdivision" and
acres each, rrore or less, from the difinitions of
"subdivided land" as the terms are used and defined in C.R.S.
(1973) Section 30-28-101 (10) (a) -(d) and the Garfield County Subdivision Regulations,
for the reasons stated below:
Bern 1lb hey✓ p ,reaW.
In support of this petition, the petitioner also submits the following:
NA. Map drawn to scale showing proposed lot subdivision
and access.
B. Copy of deed
C. Vicinity map
D. Statement on source of domestic water
E. Statement on method of sewage disposal
i/'A F. 100 year floodplain information where
live stream crosses or adjoins said tract
N G. Evidence of the soil types
® Copy of Assessor's map showing the property
�I. Practical description of property location
0 Fee in the amount of $
10 K. $200.00 fee for each new lot crea
Submitted at Glenwood Springs, Colorado his da
Gid- 6ory
Mailing Address
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April 13, 1982
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, CO 81601
Re: Heavenly View, A Minor Subdivision
Attention::. Davis Farrar
Dear Davis:
.Zr. Arnold Jowell has returned to us to request that some of the lots
shown on the plat be re -aligned so that more desirous homesites be
available, mostspecifically lots 3 and 4.
We understand that [r. Jowell has talked to you and/or your staff re-
garding this rn.tter and that you are willing to o along with the
re -alignments of some of the lots as long as there remains an equiva-
lent area, access and appropriate homesites. Also, JJr. Jowell has
built other access roads to more appropriately serve the Minor Sub-
division in which these roads should be shown.
At this time we are conducting a survey regarding these matters and
are recommending that Mr. Jowell amend this Minor Subdivision Plat
and at the same time, address your concerns and recommendations.
Please call if you have any questions regarding this subject.
'0 -A. -A...1 i-�'L..t._2 _�-J,-,off-�-�
Gary Berschauer •.`` `k� 3ERS ''•,
Eldorado Engineering Company Q I T.i>,, tiG',,
t e41PV, RFS•et. .
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OF COL-•`�`lllllllllllllllllll
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Recorded at __a_�r / ock M , PAI:”,70
Rnrun4;..., lUn R /jJ,]-G��� Rnenrrlar
THIS DEED, Made this / ✓ ' dayof
Is 77 ,between ---JIM MAZUCHI and JUDY A. MAZUCHI, husband and wife
Bow(496 PAGE 762
oftheTown of Silt County of Garfield
Colorado, of the first part, and
and State of Colorado
ARNOLD G. JOWELL and JACOULINE K. JOWELL
STATE DOCUMENTARY FEE
MAY 27 1977
Box 284
of the Town of Silt County of Garfield and State of Colorado, of the second part:
WITNESSETH, that the said part i e s of the first part, for and in consideration ofthe sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION
to the said part ie S of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever,
not in tenancy in common but in joint tenancy, all the following described lot' or parcel of land, situate,
lying and being in the Town of Silt County of Garfield and State of Colorado, to wit:
A tract of land situate in the SW 1/4 of the SW 1/4 of Section 2,
Township 6 South, Range 92 West of the 6th Principal Meridian being
more particularly described as follows:
Beginning at the northeast corner of a tract of land described in Rec.
No. 270566 of the Records of the Clerk and Recorder of Garfield County,
Colorado, whence the southwest corner of said Section 2 bears S 81°
02'17" W 1338.65 feet with all bearings contained herein being rel-
ative to a bearing of East on the centerline of Grand Avenue in the
Town of Silt, Colorado; thence along the northerly boundary of said
tract of land described in Rec. No. 270566 the following courses:
N 85°11'40" l4 292.62 feet; thence S 87°53'20" W 79.26 feet; thence
N 73°20'40" W 48.66 feet to the northeast corner of a tract of land
described in Rec. No. 246697 of said Garfield County Records; thence
along the northerly line of said tract of land described in Rec. No.
246697 the following courses: H 29°15'40" W 220.19 feet; thence N 68°
06'20" W 90.83 feet; thence leaving said northerly line of a tract
of land described in Rec. No. 246697 on a course bearing N 13°06'10"
E 884.08 feet to the North line of said SW 1/4 of the SW.1/4 of Section
2; thence N 89°48'14" E 398.51 feet along said North line of the SW 1/4
of the SW 1/4 of Section 2; thence S 00°30'02" E 410.00 feet along a
fence line and a northerly extension of said fence line; thence S 00°
28'37" E 521.55 feet along said fence line; thence S 00°41'47" E
121.57 feet along said fence line; thence S 00°48'40" E 70.84 feet along
said fence line to the point of beginning containing 12.633 acres more
or less.
TOGETHER with an easement for ingress and egress for said. parcel
over and 'across lands retained by the parties of the first part in
SW3-SW4, Section 2, Township 6 South, Range 92 West of the 6th P.M.,.
and a non-exclusive right to that roadway and utility easement con-
veyed to the first parties by deed recorded at Book 492, page 119,
reception number 276243 in the Garfield County records,
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper-
taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the
estate, right, title, interest, claim and demand whatsoever of the said part ieSofthe first part, either in law or equity,
of, in and to the above bargained premises. with the hereditaments and appurtenances.
No. 768. WARRANTY DEED—To Joint Tenants.—BradfordPublishingCo..1824-46 Stout Street, Denver, Colorado — 10-76
Recorded at
Reception No.
THIS DEED, Made this 2 /
19 77 , between — — —JIM MAZUCHI and
day of
JUDY A. MAZ,CHI,
.(112,A -9(r5 FArE 760
Recorder.
husband and wife, ----
STATE DUCUMNTAIVIEi
MNiz
oftheTOWn of Silt Countyof Garfield and State of Colorado
Colorado, of the first part, and
ARNOLD G. JOWELL and JACOULINE K. JOWELL
Box 284
of the Town of Silt County of Garfield and State of Colorado, of the second part:
WITNESSETH, that the said partes of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION
DOLLARS)
to the said part les of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever,
not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate,
lying and being in the Town of Silt County of Garfield and State of Colorado, to wit:
A tract of land situate in the SW 1/4 of the SW 1/4 of Section
Township 6 South, Range 92 West of the 6th Principal Meridian being
more particularly described as follows:
Beginning at a point on the northerly line of a tract of land described
in Rec. No. 246697 of the Records of the Clerk and Recorder of Gar-
field County, Colorado, whence the southwest corner of said Section 2
bears S 56°36'22" W 853.96 feet with all bearings contained herein
being relative to a bearing of East on the centerline of Grand Avenue
in the Town of Silt, Colorado, thence N 68°06'20" W 95.86 feet along
said northerly line of a tract of land described in Rec. No. 246697;
thence N 37°22'00" W 194.39 feet along said northerly line of a tract of
land described in Rec. No. 246697; thence N 02°00'16" E 236.68 feet;
thence N 14°45'23" W 447.28 feet to the North line of said SW 1/4
of the SW 1/4 of Section 2; thence N 89°48'14" E 513.00 feet along said
North line of the SW 1/4 of the SW 1/4 of Section 2; thence S 13°
06'10" W 884.08 feet to the point of beginning containing 6.184 acres
more or less.
TOGETHER with an easement for ingress and egress for said parcel
over and across lands retained by the parties of the first part in
SW3-SW4, Section 2, Township 6 South, Range 92 West of the 6th P.M.
and a non-exclusive right to that roadway and utility easement
conveyed to the first parties by deed recorded at Book 492, Page 119
reception number 276243 in the Garfield County Records,
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper-
taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the
estate, right, title, interest, claim and demand whatsoever of the said part ie S of the first part, either in law or equity,
of, in and to the above bargained premises. with the hereditaments and appurtenances.
No. 768. WARRANTY DEED—To Joint Tenants.—Bradford Publishing Co.,1824-46 Stout Street, Denver, Colorado— 10-76
4
Order Number:
7601
•
SCHEDULE A
1. Effective date: JULY 24, 1930 AT 8:00 O'CLOCK A.M.
2. Policy or Policies to he ksued:
A. ALTA Owner's Policy
Proposed Insured:
JAPES E. STEVENS and BILLIE RAE STEVENS
B. ALTA Loan Policy
Proposed Insured:
c.
Comn:itrnent Number:
Amount of Insurance
Premium
s 120,000.00 $372.00
TAX CERTIFICATE 5.00
$377.00
$
s
3. The estate or interest in the land -described or referred to in this commitment and covered herein is fee simple and title thereto
is at the effective date hereof vested in:
EMHA DWIRE (See Requirements)
4. The land referred to in this commitment is described as follows:
A parcel of land situated in the SE'SEt-; of Section 3, Township 6 South,
Range 92 west of the 6th P.M., Garfield County, Colorado, lying westerly
of the westerly line of a parcel of land described by Document '!o. 174360,
243813, and 283308, southerly of the northerly bank of the 'aare and Hinds
Ditch, as described by Document No. 248904, and easterly of the easterly
line of the E and J Addition to the Town of Silt, Colorado. All said
documents and addition as filed in the Garfield County, Colorado records.
C.)ni n\ cd on Pave 2- +
Authorised Counters,gna
1652
Page 2
COPY FOR ISSUING OFFICE
S'I'I:WART 'i'I'1'LE
GUARANTY comrA:•Y
0
CONTINUATION SHEET
SCIHI:DUL_E A
Order Number: 7601
Commitment Number:
Said parcel of land is more fully described as follows:
Beginning at a point on the south line of said Section 3, whence the -
Southeast Corner of said Section 3 bears: N. 89°43'45" E. 800090 feet;
thence S. 89'48'45" W. 2.88.74 feet along the south line of said Section 3;
thence N. 00°13'20" W. (record North) 44.63 feet to the Southeast Corner
of said Addition, said corner being a No. 5 rebar with an aluminum cap as
found in place;
thence N. 00'21'30" W. (record North) along the easterly line of said Addition
through existing Lot and Block corners as found in place, 1118.93 feet to a
point on said northerly ditch bank;
thence along said ditch bank N. 84'18'46" E. 32.04 feet;
thence N. 66°45'00" E. 16.83 feet;
thence S. 74'23'38" E. 12.29 feet;
thence S. 50'48'06" E. 24.14 feet;.
thence N. 82°00'40" E. 27.91 feet;
thence S. 41°39'39" E. 58.01 feet;
thence S. 59°26'03" E. 32.57 feet;
thence S. 87'41'12" E. 22.99 feet;
thence N. 75°12'54" E. 42.24 feet;
thence S. 85°13'00" E. 42.53 feet to a point on the westerly line as described
by said documents;
thence, leaving said ditch bank, S. 00°54'33" E. (Record South or S. 00'54'14"
E.) along said westerly line, 1104.29 feet to the point of beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
Paae 2-A
0055 UNDERWRITER'S COPY
S T EWA. 1:1' TITLE
GUARANTY COMPANY
Order Number: 7601
SCHEDULE B — Section 1
Requirements
t.
Cornmitn cilt Number:
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest
to be insured.
Item (b) Proper instrument(s) creating the estate or interest to he insured must be executed and duly filed for record ,
to•wit:
1. Certified copy of death certificate issued by the Colorado Bureau of Vital
Statistics of John I. Dwire, deceased, or if death occurred outside Colorado,
the affidavits required in '73 CRS 33-31-103.
Release of subject property from the lien of th2 Colorado Inheritance Tax in
the Estate of John I. Dwire, deceased.
If the name of the decedent on the Colorado death certificate is not identical
with that by which the decedent held title to subject property, it will be
necessary to record the supplementary affidavit provided for in '73 CRS 38-
31-102.
2. Deed from Emma Dwire to James E. Stevens and Billie Rae Stevens. The legal
address of the grantees must be inserted on the face of said deed, preferably
in the body of said instrument. If the address does not appear, the Clerk
and Recorder is required to deny the recording of said document.
7653
Page 3
COPY FOR ISSUING OFFICE
\\\
STEWART 'i'ITLE
GUARANTY COMPANY
••.v a -r •n..�_
Orr!, r Nu HI r:
7601
SCHEDULE B — Section 2
Exceptions
Commitment Number:
The policy _or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.'
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which..a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or -attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Any and all unpaid taxes and assessments.
7. Any law, ordinance or governmental regulation (including but not limited to
building and zoning ordinance) restricting or regulating or prohibiting the
occupancy, use or enjoyment of the land, or regulating the character, dimensions
or location of any improvement now or hereafter erected on said land, or pro-
hibiting a separation in ownership or a reduction in the dimensions or area
of any lot or parcel of land.
8. The effect of inclusion in any general or specific water conservancy, fire
protection, soil conservation or other district or inclusion in any water
service or street improvement area.
9. Right of the proprietor of a vein or lode to extract and remove his ore there-
from, should the same be found to penetrate or intersect the premises hereby
granted as reserved in United States Patent recorded January 6, 1903, in Book
56 at page 468 as Reception No. 27441.
10. Right of way for ditches or canals constructed bythe authority of the United
States as reserved in United States Patent rec•,d•.1 January 6, 1903, in Book
56 at page 463 as Reception No. 27441.
11. Easement and right of way for tel pt ne and telegra0h lines granted to The
Mountain States Telephone and Tele ra.h Company by Pete Benzel by instrument
recorded June 7, 1933 in Book. 191 a plige 312 as reception No. 132260 and
132261, in which spe 'fie location o 'the easement is not defined.
12. Easement for the star a d Hinds Ditch long the northerly line of subject
propert
13. Right o way for County v.o- d No. 213 along the southerly line and road easement
along th- easterly line of subject property as shown on survey by Solar Country
dated Jul 8, 1980.
Exceptions numbered are hereby omitted.
Page 4
STE` VART TITLE
7e5° COPY FOR ISSUING OFFICE GUARANTY COMPAQ]'
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