HomeMy WebLinkAbout1.0 ApplicationESE I ORE 1 HE L-,t,kD OF i.(, Nl Y CCI SS l G!;ERS OF
i4RFIELD COUNTY, COLORADO III
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 January 2, 1979
Section 2.02.01 (d) and 3.02.01 the undersigned /P.A4 e. +-- • /
u
A_ respectfully petitioners the
Board of County Commissioners of Garfield
County, Colorado, to exempt by resolu-
tion the division of'7, % 7 acre tract of land into tracts of
approximately4f5'O 46-7 acres each, more or less, from the difinitions of
"subdivision" and "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:
In support of this petition, the petitioner also submits the following:
A. Map drawn to scale showing proposed lot subdivision
and access.
B. Copy of deed
C. Vicinity map
-s•....-Statement on source of domestic water
- Statement on method of sewage disposal
7F-- 100 year floodplain information where
live stream crosses or adjoins said tract
Evidence of the soil types
14* H. Copy of Assessor's map showing the property
I. Practical description of_property location
J. Fee in the amount of $ //eD
.•- $200.00 fee for each new lot created
Submitted at Glenwood Springs, Colorado, this /79S -day
t;
c(\
6 40
or
--fi-r'-
Petitioner
of Guc , 19f4—
/y/7 -
Mai ling Address
Telephone Number
EXEMPTION
NAME : r i&UCJ `
PURPOS OF EXEMPTION: 4) Ct8 Y`. l 62._64.40
Iniz) 2 X---zao (pc , 6L,t.ici
ZONING: AL
QUALIFICATION FOR S.B.
/,
774
(4,L0-0),
LOCATION OF SITE:1V3.s inks ` Oz 6s
WATER: �a
DIV. OF WATER RESOURCES RESPONSE
SEWER: /r')c)..
CHECK LIST:
X FEE PAID ($50 +1.00/acre for each parcel created under 35 acres)
}L MAP showing proposed lots and accesses ,-
X DEED Q.P--c= f C)
X VICINITY MAP
100 yr floodplain info.
/)c SOIL MAP
IF community water, letter of approval from governing body
COMMENTS:
ft
ge2c--e-4a---/-(Az2-0
Xj°/2-g-
Recorded at o'clock_ M ,
Reception No. Recorder.
THIS DEED, Made this /,- "— day of August ,1982 ,
between
JAMES L. ROSE
of the County of Garfield and State of
Colorado, of the first part, and
Robert L. DeRoeck and Glennyce R. DeRoeck
2505 Cisar Ct., Glenwood Springs, CO 81601
whose legal address is A
of the County of Garfield and State of
Colorado, of the second part:
FILING STAMP
WITNESSETH, that the said party of the first part. for and in consideration of the sum of Ten and no/100
DOLLARS
and other good and valuable considerations to the said party of the first part in hand paid by the said parties 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 parties of 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 County of Garfield and State of Colorado, to wit:
A parcel of land in Lots 17 and 26, Sec. 35, T.6S., R.89W., 6th P.M., more
particularly described on Exh. A attached.
also known as street and number
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 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
parties of the second part, their 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 parties of the second part,
their 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 lawful authority to grant, bargain, sell and convey the same in manner and form 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, except patent reservations and taxes for
1982 payable in 1983.
and the above bargained premises in this quiet and peaceable possession of the said parties of the second part, the
survivor of them, their assigns and the heirs and assigns of such survivor, 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. 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 his hand and seal the day and year first
above written.
Signed, Sealed and Delivered in the Presence of l - _
James L. Rose
s s.
County of Garfield
The forev:ung Instrument was acknowledged before me this
by Jar -tic's L. Rose
STATE OF COLORADO
day of
ISEAL]
• (SEAL)
[SEAL]
August , 19 82,
My Cot missior, expires , 1982 f Witness my hand and official seal.
7,— -.2 ji
No. 921.4. V %RE1NT) DEED.— To J,,,nt l,.nant, —Copyright i)197M It radfordI'ubhsh%ng Co., 1824-46 Stout Street, Denver. Col.' ado J.23 —1.78
♦ KBI!A
Incorporated
Consulting Er gIn..rs
1001 Grano Avenue
G,rnwood Springs CO 81601
30 945 8664
Founders
Milo 5 Ketchum
Spec al consultant
E Velton Korthe&
(1923-1970)
M,Chael H Barren
Don,ivon D Nchei
David E Austin
A J Ryan
I1 5-1967)
Princlp&l
Don 1 Pyle
Drr:.i'.0 C V.nber
_ r-'oy Tattler
• E
t••..F F,1 01
Keyes
W Iharn 0 0 Neal
No,! F Dunbar
Robert D Scarrow
Howard 0 Browning
James R Danis
MarOn 5 Oldlord
LEGAL DESCRIPTION
ROSE PROPERTY
Assoclata PrInclp.l•
C Erickson
La•r y R Sward
Da+d D G'asp,e
Ad.,ns
/I Id
A parcel of land situated in Lots 17 and 26, Section 35, Township 6
South, Range 89 West of the Sixth Principal Meridian, County of
Garfield, State of Colorado; said parcel being more particularly
described as follows:
Commencing at the Southeast Corner of said Section 35, a brass cap in
place and properly marked; thence N.04°34'00"E. along the easterly line
of said Section 35 510.80 feet to a point in the centerline of the
Roaring Fork River, the True Point of Beginning; thence N.56°31'00"W.
along said centerline 440.38 feet; thence N.51648100"W. along said
centerline 124.10 feet; thence N.45°57'00"W. along said centerline
239.80 feet; thence N.64°33'00"W. along said centerline 507.80 feet;
thence N.84°52'00"W. along said centerline 155.11 feet to a point on the
westerly line of said Lot 26; thence N.04°25'58"E. along the westerly
line of Lots 26 and 17 223.42 feet to a point on the southwesterly
right-of-way line of old State Highway 4182; thence leaving said westerly
line S.60°31'00"E. along said right-of-way line 538.52 feet; thence
along said right-of-way line along the arc of a curve to the right,
having a radius of 915.00 'feet and a central angle of 09°30'00", a
distance of 151.71 feet (chord bears S.55°46'00"E. 151.54 feet); thence
S.51°01'00"E. along said right-of-way line 339.40 feet; thence along
said right-of-way line along the arc of a curve to the left, having a
radius of 1472.50 feet and a central angle of 05°54'00", a distance of
151.63 feet (chord bears S.53°58'00"E. 151.56 feet); thence
S.56°55'00"E. along said right-of-way line 205.00 feet; thence along
said right-of-way line along the arc of a curve to the right, having a
radius of 1392.50 feet and a central angle of 04°31'35", a distance of
110.01 feet (chord bears S.54°39'12"E. 109.98 feet) to a point on the
easterly line of said Section 35; thence S.04°34'00"W. along said
easterly line 113.13 feet to the True Point of Beginning; containing
3.89 arces more or less.
•- August 5, 1982
KKBNA, INC.
1001 Grand Avenue
Glenwood Springs, CO 81601
STATE OF COLORADO
S5.
County of Garfield
Thr fore) nint; tnstr,rrnr•nt seas acknowledged before nu'this
by ,-1111C-' L. Rc,(;e
day of
SEAL)
August , 19 82,
119 Cur,,nlir�u,r, expires , 1P 82 ,Witne.Ks my hand arid official seal.
/. /
N,ne,> Publ,r
No. 921..t. r 5I:yv!11)!FIr-ToJomtTe-nanI,--('uplriKht,1978firndf,nd1',bI,nh,ng('n,15214dstou1Strert,hr•n,vrred, nd,.`J::rill, -1-7k1
•
1
WWII a Sib• BM
0235 Oak Lane
Glenwood Springs, Colorado 81601
Phone 945-6190
945-6619
August 16, 1982
Chairman
Garfield County Commission
County Court House
Glenwood Springs, CO 81601
Dear Mr. Chairman:
UGI
71982
We respectively request that an exemption be granted to
Westbank Ranch #1 Ltd. for a 1.67 acre tract lying north
of the Roaring Fork River. The purpose of this exemption
is to convey title to Robert L. DeRoeck and Glennyce R.
DeRoeck to enable them to add this parcel to property
already owned by them.
The parcel requested for an exemption is the only property
owned by Westbank Ranch #1, Ltd. north of the Roaring Fork
River and has only access through the DeRoeck property and
one other land owner.
Thank you for your consideration in this matter.
Sincerely,
✓f f
estbank Development ,c: o. nc.
(-General Managing Partner
by John Huebinger, Jr., President
r5olores J. Hue " nger
Secretary, We thank Development C , Inc.
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KKBNA
Incorporat.d
Consulting Engln..rs
1001 Grand Avenue
Glenwood Springs CO 81601
303 945 8664
Founders
Milo S. Ketchum
Special consultant
E. Vernon Konkel
(1923-1970)
Michael H. Barrett
Donavon D. Nickel
David E. Austin
A. J. Ryan
(1908-1967)
Principals
Don T Pyle
Donald C. Weber
Leroy E. Tobler
John K. Bright
Charles D. Keyes
LEGAL DESCRIPTION
William B. O'Neal
Neil F. Dunbar
Robert D. Scarrow
Howard B. Browning
James R. Davis
Martin S. Oldiord
Associate Principals
C. James Erickson
Larry R. Sward
David D Gillespie
James B. Adkins
A parcel of land situated in Lot 27, Section 35, Township 6 South, Range
89 West of the Sixth Principal Meridian; said parcel lying northerly of
the centerline of the Roaring Fork River and being more particularly
described as follows:
Commencing at the Southeast Corner of said Section 35, a brass cap in
place; thence N. 44°34'22"W. 1723.42 feet to a point on the easterly
line of said Lot 27 and the centerline of said river, the True Point of
Beginning; thence S. 84°55'36" W. along said centerline 212.62 feet;
thence N.75°39'12" W. along said centerline 377.20 feet; thence N.82°
09'22" W. along said centerline 237.65 feet to the westerly line of said
Lot 27; thence leaving said centerline N.00°08'00"W. along the westerly
line of said Lot 27 43.07 feet to the northerly line of said Lot 27;
thence N.86°20'06"E. along said northerly line 830.20 feet to a rebar
and cap marked L.S.#16142 at the Northeast Corner of said Lot 27; thence
S.04°25'58"W. along the easterly line of said Lot 27 203.84 feet to the
True Point of Beginning; said parcel containing 2.64 acres, more or less.
September 9, 1982
KKBNA, INC.
1001 Grand Avenue
Glenwood Springs, Colorado 81601
Book 416
Page 334
N
Recorded at 3:48 F.M. January 20, 1971
Reception No. 2.48727 Ella Stephens,Recorder.
WARRANTY DEAD
THIS DEED, Made this 2nd day of October, 1970, between
TH 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 ►JESTBANK 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/lOOTHS 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
riart, its successors and assigns forever, all of the following
lots or parcels of land, situate, lying and being in the County of
"ar£ieid 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-
tana:.ces 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 first part,
either in law or equity, of, in and to the above bargained premises,
•.-nth 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
Ro; ertson Ditch No. 47 and its water priorities Nos. 52 and 112
adjecicated thereto be decree of the District Court of Garfield
.'ounty, , Colorado for Water District Nc. 38, and an undivided
seven --ninths interest in and to the Second Enlargement of said
obertson Ditch and its ;water rights.
TO HAVE AND TO H•DLD the said premises above bargained and des-
cribed, with the appurtenances, unto the said party of the second
dart, 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
t..e time of the ensealinc; and delivery of these presents it was
well seized of the premises above conveyed, as of good, sure,
_erect, absolute and indefeasible estate of inheritance, in law,
:al fee simple, and has good right, full power and lawful authority
to grant, bargain', sell and convey the same in manner and fora, as
aforesaid, and that the same are free and clear frcirn 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
y •ar 1969 and subsequent years; exceptions and reservations contained
_a tae w'nited States r atentt issued for said property, and existir.c
.-vations of r'=cord of oil, Cas and other minerals and mineral
. :, ..n said lands: boildine and "oning ordinances; existing
nts and rights-of-way for roads, ditches, laterals and u•-•
; and :cts done or suffered to be done by the party of
re;i °;.,'! In the cuie:. an,
Fr
•
Book
Page
•
•
EXpIBIT A
416
336
•
LEGAL DESCRIPTION ATTACHED TO AND MADE A PART OF
WARitAUTY DEED BY AND BETWEEN THE TRUSTEES. OF, S•iHEATON
COLLEGE, AN ILLINOIS EDUCATIONAL CORPORATION, AND
WESTFIAN { RANC}I NO. 1 LTD., A LI:IITED PARTNEitSiLIP BATED
CZ':: L
L✓ 3'r . and 2 _n S6 :tion -1.l, �' �'si:ip 7 South, :lance 89 ;rest, 6t;: P. and that
part of Lots 5, 13, 15 and 24 in paid Section 1, lying South and alest of the
following described line:
oi;inn i ng at c point on the North line of said Lot 5 whence the ::ort est corner
o: said Section 1 beer: South 56°33' Wiest
.,..c .cc South 22°03' Enot 6O.- feet,
..encs South 16°3:.' 1.06.7 feet,
., epee .:ioi:.t11°33'
JJ
thence South 19°41.1 99.70
r' East y9. ;17 feet,
thence South 52°22' East 706.0 feet,
vence South 32°58' :.a:,t 582.6 feat,
1 �1 �1
,". ence South. ,!,,029'..F1:.. 4Vb.0 feet to the Ease line of said Lot 24.
93.88 feet,
i
Lot, 1,2,'".,4,5,9,10,11,12,13,14,15,16,19 and 20;.ail in Section 2, Township 7 South,
Rance 89 West., Gtr. P.M.
?.:at .ya.rt.of•lot 3 of Section 36 and that hart of L0ta 11 and 26 of Section 35, all
in Township 6 South, i?f'nve 89 west, 6th. P.M. lying Southwesterly of the following
Leocribed line: -
Zol
Ii:inin}.•, at a point on the South line of said Lot 3 whence the Southwest corner
of said Sectio . 36 bears South 86°33' hest 93.88 feet '
::epee
thence
...:enc e
:,e rc c
to he
icor t 22°03'
o, th I.6°4"; .`
42°94'
::ort: '51°45,
.:orth 45°57'
Korth 64°33'
:;ort1] 81052'
c,2
iez t 312.7 feet,
Wiest 545.5 feet,
East 160.0 feet to the center cf
t
i;ec124.1 :zee. along the eerier
Wiest 239.8 feet along the center
west 507.8 feet along the center
Hest 169.6 feet along ::r.e censer
�uici Lot 26.•
the Roaring _or,:rRiver,
of the Roaring' Fork River,
of tY.e Roar".:., i•or.: River,
of the Roaring Fork River,
of the Roaring - 1 ork River
• Lots 12,13,11.,15 and <7 in Section 35, Tos:rs; ip.6 South, Range 89 gest, 6th
and, that part of Lots 7,8 and 28 in Sectiir 35 l i t
Rr Y r,d'_ SQu h of the Roaring :oris
River;
• � ly
Also, lots numbered 8,18,2 1, and 22, all in Section 2, Township 7 South, R n c 89 ;,test
of the 6th P. i., containing 37.17 acreo, ore or less.
thereof f
EXCEPT that conveyed by inGtrumen`recorded
�iov�.mller 7, 1957 in
.•:"°k 305 at page 20i.. :nci F:;C? PT Ll:' following descrit,ed parcels.
:'.' r C::i. 0 .
.'t na cci of 1:s;:d situledin ..c;
.otr nship 7 6 South, ;t•1�
Principal :.. Coo
Co.
Gwen ibed as follows:
iegin nine at a print whence the
'Section 35 bears S R4°'7.' 1" i 3
.22`i19'56» W 274.34C .
t e'ncc' ti 20°35'40" Li 185.00 feet
foot; thence ,along :.e Arc
1
rc
having a radius oS . T4 feet a
to the point of beginning, conta
or less,
?, rcc1 cf 1..nd .
. o'.. ;si::.p No. 6 Sou i:.
Principal t•cric:ia,a,
e.escrihed as follow
Be' "^ ing at n poin
• .Section 35 behrs S
07°13'4"8" „ 251.73
thence S 28°58'0&"
a curve to the ri.rh
.distance of 135.89
to the point of beg
c
14 15 and 7. Section,
No. 30 lest of the 6th
-Colorado, mor.z1 fully
Southeast Corner of said
340.49 feet; thence N
5 °55 00 r ? ;
'. �. 0�) feet,
; thence S 69°24'20" ;;
of a curve to the left
distance of 143.58 feet
ining 1,159 acres, marc
`t .-ited in Lett; 7
h, Range Nil. 39 West
Garfield County, Col
t whence the Southe;ls
80°1+7'53" E 297,'x,4.94
feet.; thence N 71°15'
E 233.00 feet' thcndc
t ihaving a radius cf
feet; thence S 69°24'
inning, containing 1.
•
14, Sectio. 35,
of the 6th
orado`, mor fully
t Corner of said
feet; thence N
00" E 142.00 feet;
along the Arc of
930.00 Feet a
20" W 98.27 feet. -
041 acres, more
Book 416
Page 335
peaceable possession of the said party of the second part, its
successors and assign;, against all and every person or perscns
lawfully claiming or to claim the whole or any part thereof, the
said party of the first part shall and will WARRANT AND FCREVER
DEFEND, Subject to the restrictions and reservations noted above.
Iii 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,
1970.
G
STATE OF ILLINOIS )
COuNTz OF DU PAGE SS•
THE TRUSTEES Or WHEA ON COLLEGE
By
Preside t
%xctvittee {erre ary
I, the undersigned, a ;votary Public, in and for said County
and: State, ink HERBY CERTIFY, that Hudson, T. Armerding, personally
known to ;ale to be the President of The Trustees of Keaton Co/lege,
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
name are subscribed to the foregoinc; instrument, appeared before
me Lhis day in person and severally acknowledged that as such
President and Executive Committee Secretary, they signed and de i
yered the said instrument as President and Executive Corin i:;tee
Socreeary cf said corporation, and _ eesec! the corporate seaT, o+
sairi corporation to :'e affixed thereto, pursuant to aut.-o:r=ty,
gieen 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, .or the uses and purposes therein set forth.
Given under my hard: and official seal, this .�r day -
. . , 1970.
Corrn..ssion expires
Notary Public