HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXIPTION
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 Ray Baldwin, acting as agent
for Mr. John Huebinger, respectfully petitions the Board of County
Commissioners of Garfield County, Colorado, to exempt by resolution
the changing in size of an approximately 320 acre parcel into 2 parcels,
one being approximately 0.74 acres and the other being approximately 319.26
acres in size, 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:
The 0.74 acre parcel will be split evenly between Lots 5 and 6 of
Westbank Ranch Subdivision, Filing No. 3 as shown on the attached maps.
The reason for this is to give each lot a more desirable building site.
Sr
Submitted at Glenwood Springs, Colorado, this Adheci4 day
of 14412.CI-1 , 19 7e
•�� (Ait- e„--1)
Petitioner
T. 7 S., R. 841P111. OF THE tTH R M.
CARFI ELL COUNTY COLORADO
LOT 5A
A parcel of land situated in Lots 1 and 2 of Section 2,
Township 7 South, Range 89 West of the Sixth Principal
Meredian.
Beginning at the Northeast corner of Lot 5 of Westbank Ranch
Subdivision, Filing No. 3as filed in the Office of the Clerk
and Recorder of Garfield County, Colorado, being the same as
the Northwest corner of Lot 6 in said Westbank Ranch Subdivision,
Filing No. 3; thence S. 00004'37"w. 397.44 feet; thence
N. 50°31'33"W. 298.72 feet; thence N. 1.5°00'00"E. 272.73 feet
to a point on the Southerly line of Westbank Road in said
Subdivision; thence S. 70°48'00"E. 169.99 feet along the
Southerly line of said Westbonk Road to the point of beginning.
The above described parcel of land contains 1.584 acres, more
or less.
Jan. 31,1978 Raymond Lee Baldwin
L.S. 14,056
??006
-aBooic 416 Rcc ded at 3:48 P.M. Jarivary,;�0, 1971
Page 334• Re tion No. 248727 Ella S hens,R'ecorder.
WARRANTY DEED
THIS DEED, Made this 2nd day of October, 1970, between
THE TRUSTEES OF WHEATON COLLEGE, an Illinois educational corpora-
tion, of the City of Wheaton, County of DuPage and State of Illinois,
of the first part, and W,STBANX: RANCH NO. 1 LTD., a limited
partnership organized under the laws of the State of Colorado of
the County of Garfield and State of Colorado, of the second part:
WITNESSETH, That the said party of the first part, for and
in consideration of the sum of TEN AND NO/100THS DOLLARS ($10.00)
and other good and valuable consideration 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, its successors and assigns forever, all of the following '
lots or parcels of land, situate, lying and being in the County of
Garfield and State of Colorado as described in Exhibit A, which is
attached hereto and made a part hereof,
Together with all and singular the hereditaments and appur-
tenances 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 whatsoever of the said party of the f-�rst part,.
either in law or equity, of, in and to the above bargained premises,
with the hereditaments and appurtenances.•
Together with any and all ditch and water rights belonging to,
used upon or in connection with said lands, including, but not
exclusively, an undivided two-fifths interest in and to the
Robertson Ditch No. 47 and its water priorities Nos. 52 and 112
adjudicated thereto be decree of the District Court of Garfield
County, Colorado for Water District No. 38, and an undivided
seven -ninths interest in and to the Second Enlargement of said
Robertson Ditch and its water rights.
TO HAVE AND TO HOLD the said premises above bargained and des-
cribed, with the appurtenances, unto the said party of the second
part, its successors and assigns forever. And the said party of
the first part, for itself, its successors, executors, and adminis-
trators, does covenant, grant, bargain and agree to and with the
said party of the .second part, its successors and assigns, that at
.the time of the ensealing and delivery of these presents it was
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 lawful 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 soeverf
Subject, however, to general taxes and assessments for the
year 1969 and subsequent years; exceptions and reservations contained
in the United States Patents issued for said property, and existing
reservations of record of oil, gas and other minerals and mineral
rights in said lands; building and zoning ordinances; existing
easements and rights-of-way for roads, ditches, laterals and utility
easements; and acts done or suffered to be done by the party of
the second part.
And the above bargained premises in the quiet and
I'•
STATE DCCL',iENTARY FEE
; J i
�, (1 971.
'1 r
L ,IIIDIT LEGA `,SCRIP`.PIO::;1 .LT'TACIILD TO A I1211/ 1\ •PZ RT OF
WARDEED DY AND BETWEEN T'IIWi'.USTE1 S OF t'IIII:ATON
COLLL:01 , AN ILLINOIS EDUCATIONAL CORPORATION, •AND
WEST
BAN RANCH NO. 1 LTD. , A LIA T Ell PARTNERSHIP
IP
Lots lY and. 2j) 1 n E; ction 11 1 2�o ns ip 7 Sou -ti:, Range 89 ;':c.:S t, 6th P. :•1.,
tart of Lots 5, 13, 15 and 24 in said. Section 1, lying South and West of
following described line:
1, -.ginning at a ;point on the North line of said. Lot 5 whence the Northwest corner
of said Section.1 bears South 86°33' West 93.88 feet,
Book 416
Page 336
DATED
and that
the
thence South 22°03'
thence South 16°31'
thence South 11°33'
thence South 19°41'
hence South L4 Oo
thence South 52°22'
thence South 32°58'
thence South 44029'
East 60.4 feet,
East 126.7
East 542.7
East 969.7
East 233.0
East 706.0
6
East 582.0
J
East 406.°
feet,
feet,
.n _ J-
1C:1:v,
-feet,
feet,
feet to
the East line of said Lot 21.
Lots 1,12, 3,1;-, 5, 9,10,11,12,13,12+,15,16,19 and 20; all in Section 2, Township 7 South,
Range 89 West., 6th ?.M.
That hart of Lot 3 of Section 36 and that part of Lots 11 and 26
of Section 35, all
in Tovnship 6 South, Range 89 ;;est, 6th P.M. lying Southwesterly of the following
' described line:
.; gin ing ata point on the South line of said Lot 3 whence the Southwest corner
of said Section 36 bears South 86°33' West 93.88 feet,
thence North 22°03' West 312.7 feet,
thence North 1.6°47' West t 5 2;. 5.5
„ feet,
thence North 42°04' East 160.0 feet to the center of the Roaring Fork River,
thence North 51048' ;-Test 124.1 feet along the center of the Roaring Fork River,
thence North 1.5°57' ;;rest 2J9.8 feet along the center of the Roaring Fork River,
thence north 62;-°33' West 507.8 feet along the center of the -Roaring Fork River,
thence North 81.°52' i.Test 169.6 feet along the center of the Roaring Fork River
tV v.a.,,, .� v .i.11l�. Ul i+U.1.(.L Lot 26.
Lotsi12,13,12;15 and 27 in Section 35, Township 6 South, Range 89 West, 6th P.I.,
and that part of Lots 7,8 and. 28 in Section 35, lying South of the Roaring Fork
River.
Also, lots numbered 8,18,21, and 22, ;111 in Section 2, Township 7 •South, Range 89 er,
of the 6th P.M., containing 87.17 acres,more or less.
.
EXCEPT that portion thereof conveyed by instrument recorded November
77 in And EXCEPT �h� following described parcelsooz 305 at page 20f.
PARCEL '#1
A parcel of land situated in n
- Lots l,, 15 and 7, Section
35, Township No. 6 South, Ran7,e No. 80 West of the 6th
Principal Meridian, Garfield County, Colorado, more fully
describe as follows:
.Beginning at a point whence the Southeast Corner of said
Section 35 bears S 84°27'41" E 3340.49 feet; thence N
22°09'56" W 274.34 feet; thence N 82°55'00" E 240.00 feet;
thence S 20035'40" E 185.00 feet thence S 69°24'20" i;r
82,.00 feet; thence along the Arc of a curve to the left
having a radius of 328.44 feet a distance of 148.88 feet
to tho point of beginning, containing 1.159 acres, more
or less.
PARCEL 12
A parcel of land situated in Lots 7 and 14, Section 35,
Township No. 6 South, Range No. 89 West of the 6th
Principal Meridian, Garfield County, Colorado, more fully
•
described as follows:
hccinning at a point whence the Southeast Corner of said
Section 35 boars S 80°10'58" fl 2972.104 feet; thence N
07'13'48" ill
251.73 feet; thence N 71'15'00" E 142.00 feet;
thennce S 28°58'00" E 233.00 feet' thence along the Arc of
.a curve to the right having a radius of 930.00 foot a
distance' of 135.89 feet; thence S 69°24'20°' W 93.27 feet•
to she point of beginning, containing 1.041 acres, more
or lass.
Book 416
Page 335
peaceable possession of the said party of the second part, its
successors and assigns against all and every person or persons
lawfully claiming or to claim the whole or any part thereof, the
said party of the first part shall and will WARRANT AND FOREVER
DEFEND. Subject to the restrictions and reservations noted above.
IN WITNESS WHEREOF, said party of the first part has caused
its corporate seal to be hereto affixed, and has caused its name
to be signed to these presents by its President, and attested by
its Executive Committee Secretary, this �, .�' day of October,
19,70..
THE TRUSTEES OF WHEATON COLLEGE
,_ By A./..f....‘,..--.-,,,--e-4--d--L-k--7
.E. President. i. Presidt
Exec ive Committee Secretary
STATE OF ILLINOIS ) SS
COUNTY OF DU PAGE ) •
I, the undersigned, a Notary Public,' in and for said County
and State, DO HEREBY CERTIFY, that Hudson T. Armerding, personally
known to me to be the President of The Trustees of Wheaton College,
an Illinois educational corporation, and H. G. Faulkner, personally
known to me to be the Executive Committee Secretary of said cor•
-
poration, and personally known to me to be the same persons whose.
names are subscribed to the foregoing instrument, appeared before
me this day in person and severally acknowledged that as such
President and Executive Committee Secretary, they signed and deli-
vered the said instrument as President and Executive Committee
Secretary of said corporation, and caused the corporate seal of
said corporation to be affixed thereto, pursuant to authority,
given by the Board of Trustees of said corporation as their free
and voluntary act, and as the free and voluntary act and deed of
said corporation, for the uses and purposes therein set forth.
Given under my hand and official seal, this 'L',, -:f day of
/(/' , (. !' . , 1970.
Commission expires
7 a
Notary Public