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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant. to C.R.S. 106-2-33(.3)(d)(1963), as amended,
the undersigned, T&S, Inc., respectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to
exempt by resolution one parcel of land, more fully herein
described, and for the reasons set forth herein.
1. Petitioner is the owner of a tract of land comprised
of 23 acres, more or less, in Garfield County, Colorado, legally
described as shown on Exhibit "A" attached hereto.
The petitioner req-iests the division of the 23 acres
more or less into two tracts described in Exhibit "B" attached
hereto.
2. See Exhibit "C" attached for reasons justifying
this request.
3. A copy. of the deed of conveyance will be filed
with the petition and the resolution if the exemption is granted.
Dated at Glenwood Springs, Colorado, this 19th day of
August, 1974.
T&S, Inc.
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By: ----; %�' >>'. ► / ( ,1 ! /
Thomas M. Stewart, Pres.
EXHIBIT "A"
A parcel of land in H.E.S. No. 131, situated in the E1/2
SE1/4 of Section 32 and in the W1/2SW1/4 of Section 33,
Township 4 South, Range 91 West of the Sixth Principal
Meridian, lying westerly of the westerly right-of-way line
of a County Road as constructed and in place, said parcel
of land is described as follows:
Beginning at Corner No. 1 of said H.E.S. No. 131 whence an
iron post with a brass cap found in place and properly marked
for the Southeast Corner of said Section 32 bears: S.82°38'06"
E. 429.60 feet; thence N. 19°45'00'.' W. 1276.50 feet along the
Westerly line of said H.E.S. No. 131; thence N.83"48'00" E.
823.36 feet to a point on the Westerly right-of-way line of
said County Road; thence along the Westerly right-of-way line
of said County Road S.15"08'21" E. 10.97 feet; thence
S. 09°06'30" E. 265.17 feet; thence S.17°17'38" E. 271.71
feet; thence S. 22°17'21" E. 106.57 feet; thence S. 34°27'41"
E. 116.27 feet; thence S. 33°20'40" E. 264.59 feet; thence
S. 25°17'00" E. 157.46 feet; thence S. 18°41'52" E. 112.27 feet;
thence leaving said right-of-way line S. 83°48'00" W. 872.80
feet along the Southerlyline of said H.E.S. No. 131 to Corner
No. 1 of said H.E.S. No. 131, the point of beginning.
The above described parcel of land contains 23.00 acres, more
or less.
The above described parcel of land is subject to a 15 feet ditch
'easement being 7.5 feet on each side of the following described
centerline:
Beginning at the headgate of said ditch being a point on the
Easterly bank of West Elk Creek whence the Southeast Corner
of Sec. 32 in Township 4 South, Range 91 West of the Sixth
Principal Meridian bears: S.24°38'06" E. 255.00 feet; thence
along said centerline S. 85°53'08" E. 176.67 feet; thence
S. 66°27'12" E. 166.79 feet;thence S. 47°34'53" E. 35.98 feet
to a point on the Southerlyline of said H.E.S. No. 131.
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GARFIELD COUNTY
PLANNING DEPARTMENT
GLENWO❑D SPRINGS, COLORADO 81601
2014 BLAKE AVENUE PHONE 943-8212
September 23, 1974
SENATE BILL 35 EXEMPTION
Tom Stewart
615 Theresa Drive
Boulder, Colorado 80303
494-4079
On September 11, 1972, Jerry and Dena Hammar received a Senate
Bill 35 exemption on a 53 -acre parcel of land, dividing it into three
parcels: 10 -acres, 20 -acres and 23 -acres.
In the resolution, the County Commissioners signed an agreement
stating that in the two parcels sold there was a covenant restricting
these parcels from any further subdivision. This restriction is not
included in Mr. Stewart's deed, which is recorded in Book 437, page
596 of the County's records.
Apparently Mr. Stewart did not agree to the covenant restricting
the land from any further subdivision and Mr. Hammar eliminated that
clause in the deed.
Mr. Hammar made.an agreement with the Commissioners and did not
follow through on it.
Under the agreement Mr. Stewart signed he is under no obligation
to honor Mr. Hammar's agreement with the County Commissioners.
There is also a problem with the amount of water available. Mr.
Stewart claims the existing well will deliver 15 gallons per minute,
but he did not know what the draw -down time is on the well.
The parcels would be large enough to accommodate a septic system.