The URL can be used to link to this page

Home My WebLink About1.0 Application• • BEFORE THE COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO PETITION FOR AMENDED EXEMPTION RESOLUTION WHEREAS, on July 17, 1978, the Board of County Commissioners of Garfield County, Colorado, granted a Resolution exempting from the definition of the terms "Subdivision" and "Subdivided Land" the division of the following described tract of land into three parcels, containing 30 acres, 20 acres and 20 acres each, respectively: The WzSW;, Section 13, except those portions conveyed out by Document Numbers 238615 and 239272; and WHEREAS, the descriptions of each of the parcels of land for which division was allowed was not available on the date of the Resolution, and WHEREAS, pursuant to the Resolution aforesaid, Robert E. Hardy caused the land to be surveyed and metes and bounds descriptions prepared for each such parcel, and WHEREAS, in performing the survey aforesaid it became apparant that the division of the land into three parcels of 30 acres, 20 acres and 20 acres was not feasible and that a division of the land which would allow its highest and best use resulted in three parcels containing 42.073 acres, more or less, 10.609, more or less, and 16.766 acres, more or less, which descriptions are set forth on Exhibit A attached hereto and made a part hereof, and WHEREAS, the Resolution was granted in favor of Robert E. Hardy, when in fact the Resolution should have been granted in favor of Robert E. Hardy and his wife, Maureen B. Hardy, who are the owners of the subject property in joint tenancy. NOW, THEREFORE, it is hereby requested that the Resolution heretofore granted by the Board of County Commissioners of Garfield County on July 17, 1978 allowing the division of the Property above described be amended to allow the division of the Property in the acreages and according to the descriptions set forth on Exhibit A attached hereto. DELANEY & BALCOMB By John A. Thulson Attorneys for Petitioners Robert E. Hardy and Maureen B. Hardy P.O. Drawer 790 Glenwood Springs, CO 81601 945-6546 • • EXHIBIT A Attached to and forming a part of "Petition for Amended Exemption Resolution" by Robert E. Hardy and Maureen B. Hardy PARCEL 1 LEGAL DESCRIPTION A tract of land situate iii the U 1/2 of the Sii 1/4 of Section on 13 and the E 112 of Section 14 �i1 in Township 7 South, Range 33 West of the 6th Principal Meri- dian r r lerltr describedfollows: ri!alri being f.;Orz particularly .t��.. li�c.• a s Beginning at the Wes 1/4 corn'( of r 963.2.0, feet aloe the North line of 21t 02" E 50.11 feat; thence 166.03 radius curve to the righa, which a,'c 'J1 Vo ., t a thence 250.92feet along the arc of a 2339.72 foCi radius curve {. 1 e right which arc subtends a chord bearing S 04 00'0 . E 250.81feet; L 1. Z• :. �. 1� i ��. 1 ,. t t i ,1G [. � ) thence S 00' 59' 35" f 317.35 f e = i:; thence 142.75 feet along the arc o', a 265 .00 foot radius curve to the rightwhich arc subtends a chord bearing 5 14 25' 20" W 141.03 .feat.; then..- S 29 52' 15" i 27.81 feet; thence 222.29 feet along the arc of a 1240.00 foot radius curve to the left which s:i'C sub- tends bearing 59" tetrI� i, chord S 2t10 � 0/" W 22l . J� feet; thence S i9' J:) ` W 162.35 feet; thence 225.19 feet along the arc of a 330.03 foot radius cr.rrve to the left which arc subtends a chord bearing S 00 03' 02" W 220.34 flet`:; thence S 15' 29' 54" E 302.55 feet; thence 174.79 feet along the arc of 4 360.00 Soot radios curve to the right which arc subtends a chord bearing -J 35' 19" E 1-r', ,6 feet. 7 ) ° 55' W 9n feet •t• u� I/J.G�✓ feet; thence S b5 51" 2. � .15 :.0 the :-.icr :}:east corner of a Tract or land described in Rao. No. 238i15 of the records of the Clerk and Recorder of Garfield County, Colorado, thence !'. 89° 54' 7511 r 631.82 feet along the forth line of said tract of land described in Rec. '0. 238615; thence > 14° 46' 19" E 529.58 feet; Liiei1C2. N 0I 42' 31 W 657.18 feet; thence West 114.41 feet; thence North 691.43 feet; :''..; thence S 3° 25' 59.1 W 110.30 fleet to the West line of Said Section 13; thence N 890 36' 07" W 622.13 feet; thence ttpo 57' ?4 n U 92.06 feet; thence t 000 09' 40" E 334.63 3:.E3 feet; thence S 547 ) S 20" E 675.05 feet; ; thence S 89° 36' 07" E 134.69 feet to the pOiiit of beginning, containing 42.073 acres more or less. said Section 13; thence i 69' 29' 59" E said W 1/2 of the S'.1 1/4; thence 53° feet a io;ICi the arc of a 230.00 foot subtends a chord .bearing S 30° 10' 47.E E PARCEL 2 LEGAL D S0R1P :n } A tract of land situate in the i"1 1/2 of the S:'1 1/4 of Secl..ion 13, Township 7 South, Range 38 West or the Gt.i Principal 1'ieridian being more particularly d scribed as follows: Beginning et a point of the North line of said . 1/2 of the S; 1/4 of 5: ct ion 13 whence the West 1/4 corner of said Section 13 bears S 8I° 2:1 59" % ✓ 3,L} '-' p _; N 89° �•�11 -n:, E f. J '}: feet North " the t; Lr:. nC 291 59 113.35 along said North lint of the f1 1/2 of the SU 1/4 to the Northeast corner of the is 1/2 of tthe S;'1 1/4; thence S O1° 27' 52 E 1936.27 feet along the East line of said '! 1/2 of the SW 1/4; thence S 85° 55' 51' 1.1 354.93 feet; thence 174.79 fee along the arc of a 360.03 foot radius non- tai Dent '! .� to the 1.-f t. which arc subtends a chord fl'- ° � - ! f , LS 173.03 `r1^ !.1 29' - ? 1. + . y � feet; bearing N 0J 3 , 1 � 1. t / _ . 3 : ref ; thence a 19� `2 :; 302.56 feet; thence 225.19 fee,. along the aro of a 330.00 foot radios r fire tothe ri' ht ;Ii', ,, t which"a. .4 chord - ., CO' 03' SS 2• l •.. arc subtends .: chord bearing li }� E �%t}.lii; feet; thence ii Iju 35' 59 the :3 .25 along 0411 E 163.39 feet; thence nC'? � feet t,.l+.j y arc of c 1240.00 foot r...iai curve LU the Y1f2h% :.i arc $u -e.. chord b.;..' r N 24' r•1 07" 221.95 deet; thence N 2S' 52' 15" E 27.31 feet; thence 1:12.75 feet along the aro Gi> a 265.00 foot radius c: i e to the left 41iC1 arc ,1;:- n fi achord _earioo N 14° 25' 20" E 141.0.Colt; Lhaoce fU), 59' ;/' t 31/.:5 feet; thence LiJ)`i:feet along t'oe exa of a 2?':;9.72 foot radius curv,,- t7 ,.lie left which ar'c subtends c'. chord bearing N ., .° 00' 04' i' 250.1 { __t., then... 186.03 feet a1J:iy t ,:! arc of 2.j.0;0 fcot ss:9 curyto left .dtich arc subtends a chord i.::'.a:i i li j 30' 10' '7" 11 .00 feet; ; t.Si;'n'. _ .. 55" 21' 02!1 ti 50.11 ICS 1. to the point of begirfniog can..a:i,riog 16.766 acres ,•lore or lss. PARCEL 3 LEGAL DESCRIPTION A tract of land situate in. the ;! 1/2 of the SW 1/4 of Section 13 Township 7 South, Range 33 West of the 6rh Principal •1'i2ridian being r; ore particularly descr i Sed as follows: Beginning a point whence t, West 1/4 corner of said Section 13 �cUl nil1:; a •�_ bears 11 2.3 03' 34" W 22'03. / feet; thence N U 55' 51 E 394.93 East line the r. thenc?. S 01° 27' feet to the of said � jl. of SW 1 j -i, :. i;. ' 9 Q3 .e,_ along sa .d East. s; line. 4o the SC)'. htea,,y corner of said :4 1/2 of the SW i/4thence N 39' 54' piS" , 675.35 f,. -'.t along the south line of said W 1/2 of the SU 1/4; hence N 23' along the East line ne of a tract of lend described in U 560.00 feet � � � _ .n o� Garfield Rec. 120. 23c��i5 of th�? records �.: �.'�;'_ Clerk ..t! Recorder :�r�'point County, Colorado; hence �! S5° 55) 51" E 292.15 't to the of beginning, containing 10.609 acres more or les;.:,. • ROBERT DELANEY KENNETH BALCOMB JOHN A.THULSON EDWARD MULHALL, JR. ROBERT C. CUTTER SCOTT M. BALCOMB DELANEY & BALCOMB ATTORNEYS AT LAW DRAWER 790 GLENWOOD SPRINGS, COLORADO 81601 April 6, 1979 Mr. Ray Baldwin Garfield County Planner 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Ray: 404, 818 COLORADO AVENUE TELEPHONE 946-6546 AREA CODE 303 I enclose a copy of a Resolution which has heretofore been obtained by Dr. Robert E. Hardy allowing the division of his property into three tracts of approximately 30 acres, 20 acres and 20 acres. Eldorado Engineering Company represented Dr. Hardy in obtaining the Resolution and at the time of the presentation they had not yet surveyed the property to make a determination as to the best physical division of the land. Subsequent to obtaining the Resolution they did complete the survey and determined at that time that the best manner to divide the property would be into parcels containing 10 acres, 16 acres and 42 acres. I am now assisting Dr. Hardy in creating covenants on the property with respect to water useage, road maintenance and restrictions pertaining to use. When I became aware of the existence of the Resolution I advised Dr. Hardy that he should seek amendment of the Resolution from the county inasmuch as the acreage divisions presently allowed are substantially different from the division of the land as dictated by the survey. The resolution suffers another problem in that Dr. Hardy owns the property in joint tenancy with his wife. In an attempt to solve this problem I have prepared the enclosed Petition for Amended Exemption Resolution which Mr. Ray Baldwin April 6, 1979 Pagee2 addresses itself to the matters set forth in this letter. I would appreciate your reviewing the Petition and if you are in accord with my thoughts on the matter, would you please place the matter on the earliest possible agenda of the County Commissioners and notify me of the hearing date. I am sending a copy of the Petition to Art Abplanalp for his review. Very truly yours, DELANEY AND BALCOMB By JAT:pc Encl. cc: Art Abplanalp w/enclosure Lj„,41?,\J4414-10-1 J4hn A. Thulson '7d�` 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 July 19, 1978 Ms. Stephanie Anderson, Assistant Planner Garfield County Planning Department 2 014 Blake Avenue Glenwood Springs, CO 81601 Dear Ms. Anderson: G.J. KUIPER State Engineer JUL 21 19 0 li tr� Re: Smith, Hardy, Van Leeuwen, Snyder and Cozens Exemptions We have reviewed the material submitted concerning the above referenced applications for exemption from subdivision regulations. It appears that all of the proposals are situated in areas where there is sufficient ground water available to allow for issuance of domestic well permits on all parcels without injury to senior water rights. This permit allows for household use and irrigation of up to one acre of lawn or garden per lot as well as stock watering. We recommend approval of the Smith, Hardy, Van Leeuwen, Snyder and Cozens Exemptions. JAD/GDV: mvf cc: Lee Enewold, Div. Eng. Ralph Stallman Land Use Comm. Very truly yours, Jeris A. Danielson uty State Engineer BEFORE THE BOARD OF COUNTY CO? iSSION RS 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, Sections 1.02.17(d) and 3.02.01, the undersigned Robert E. Hardy respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution The W 1/2 SW 1/4 Section 13 T 7S, R 88W more fully 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 reasons stated below: It is proposed that the subject 68 acre parcel be divided into 4 lots as shown on the attached sketch. The petitioner will utilize one lot and the other three will be sold. Legal access to the property is defined in Document Number 280526 as recorded in the office of the Garfield County Clerk and Recorder. Roads within the parcel will be upgraded to provide suitable access to the individual lots. The roads will be privately owned. A central water system utilizing an existing well will be constructed. A copy of the well test results are attached. The proposal subdivision is not a part of an existingor potential larger development and conforms to existing densities in the immediate area. Considering the items discussed above, it is felt that this subdivision qualifies for an exemption from the subdivision process. Submitted at Glenwood Springs, Colorado, this 30 of June , 1978 Robert E. Hardy day Petitioner By: Rich Holsan Eldorado En ineering 2 iC/NttY P \ \ • It . k 6805 553 / i / \•P \ - I% 65`I. /�l ,^ L \ �'\ -ter 6 • k62 -t"'"- 6.6 2' /•/ ▪ y1 6 \aye\ G 3b \\• • o\\ r\/ ..----.1 o11 - \\ \\\ ▪ _ /moi/ »---14-2...----------61-_ - 647-0 �.' �r it \ '. \. \• •.9a/ •\ o�� \ py• / , • '°s ,yP\re\el \ 3 i Orr ▪ 572;„2-•••••\,• ‘ \ /) . f•rC& .6 ``\\ \ a= _ 6200 7 Jam.. '. /r!i f 'J \ i rrr o / o / ; 6;4°15- 727' :Recorded• at». Reception No. 7 ): o'clock.� so . 00 PAGE 80 4- HIS �£ED, Made tai =Yi• _•1a 77 ,bet eei1 1,,ARGAR :T woman) o%the - • day or. County of -.Garfield..:: and State of Firrgr4• tag Colorado, of the first part, and ROBERT E.:. : HARDY; & MAUREEN: B. HARDY ` , ((husba rad wife) _= 142E Sherwood Place, Greenwhtch, Connecticut' 06830 Connecticut. o the County ofand State of Cortrat:a, of the second par* WITNESSETH, That the said party of the first part, for and in conaideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE' CONSIDERATIONS DOLLARS, to the said party of the first part in hand paid by the said•party of the second part;. the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents 'does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all' the following described lot or parcel.,of land, situate, lying and being in the t. County of . Garfield . and State of Colorado, to -wit: - - The W-SW'r, , - Section 15, Township 7 South, Range 88 Wiest of the 6th P.M_ except those portions thereof. conveyed out by Document Numbers 238615 and 239272. .Together with an easement and right of way for the purpose of: ingress and egress over:and across the existing roadway as constructed and in place _exi_ending in' ,: Wster1y direction from the subject property to the County Road. also known as 1026 112 Road, Carbondale, CO 81623 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim.. and demand whatsoener of the said party- of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances: TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and Iawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever., subject to taxes & . special assess— ments for 1977;. reservations contained in U. S. Patents of record; restrictions easements, rights of way of a public or private nature of.record, and the above bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the r said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders IN WITNESS WHEREOF, the said party of the first part has hereunto set l iipnd and seal the day and year first above written. ar [SEAL] et. M. A'dkins; ( a.married woman;. `.7t C . t I i- ;,.NATE OF COLORADO. : j- � ss. - QE ��AF'Y. Conntyof Garfield J . �r .: The. foregoing instrument was acknowledged before me this '� 71 t- :. =Margaret M. Adkins (a married woman J r19 ,by '.4Z4 _ 'My scaneiission expires 6/r7/g/ day of .August • , 19 . Witness my hand and official seal_ Notary Public- No. ublic No. 932A. WARRANTY DEED.—For Photographic Record.—Bradford Publishing Co.. 1824-46 Stout Street. Denver. Colorado --i-75 • Curldtly PLirrzo, [Inc, a 0241 County Road 167 Glenwood Springs, Colorado 81601 May 17, 1978 Mr, Robert E. Hardy L.2 Sherwood Placa Greenwich, Conti. 06830 Phone 945-525'' II f STA-P1TE DISTRIBUTOR F) 91 -PA L rI MAY 19 '1978 ELDORADO LNG. JOB WATER PUMPING AND TREATMENT Dear Mr, Hardy! The following information was obtained aster well tests on the property located off Crystal Springs Road on County Road 112 at top of hill. Well by Ditch Depth of Well is 2391 Static Water Leval - 0 Casing size is 7". top and reduced at 15' Well production is 0 gallons per minute Well on Hill TOD Denth of '.spell Is 258' Static hater Level is 228' Sze 7' ton Well product;on la in c."ce.ss oof 9 A;allons per minute P;o draw don atez 5 hour at 9 sa1ions 'pec minute Installation Contractor' s Lioensa' is ='l5 s Our Pump If any further information is r auired, please contact address or -telephone number.. Sin 'sly, !lr (7 %1 0,' 1. l..1� Y J Raurl E. Samuelson :"S/aa cc! Eldorado Engineering Company me at the above