HomeMy WebLinkAbout1.0 Applicatione
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) (d)
as amended, and the Subdivision Regulations of Garfield County,
colorado, adopted ApriL 23, 1984 Section 2220.49, the undersigned
Kenneth Strong and Kent Strong, doing business as K & K Lumber
Company, t"=p".tfuIIy petition the Board of County Commissioners
of bartield County, Colorado, to exempt by, Resolution the
division of a tralt of land into 2 tracts of land as described
below from the definitions 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
Resultions to allow for the conveyance of a tract containing
13.78 cares, more or less to the undersigned.
Mabel M. Harness and Joe Ann Nichols are the owners of
approximately 186 acres of land near the town of SiIt primarifV-
used for ranching and related purposes. A tract containing 33'99
acres is separated from the rest of the property owned by Mrs '
Harness and Mrs. Nichols by Garfield County Road 236. The
undersigned are in possess-ion of the westerly t3.7 B-acres of the
tract south of Counly Road 236 pursuant to a lease dated May 15,
1980. Said lease co.,tains an option allowing the undersigned to
purchase said property and the undersigned have advised the
owners of their intent to purchase this property.
Submitted herewith are the following:
1. A plat of the 33.99 acre tract south of County Road_236
showing the lortion proposed to be conveyed to_!h9 undersigned.
Access is pr|vided otf -ounty Road 236 and utilities are present-
ly on the premises.
2.AcopyoftheU.S.G.S.quadranglemapshowingthe
l-ocation of the subject property.
3.Copyofadeedshowingownershipofthepropertyirr
BEFORE THE BOARD
GARFIELD
PETITION
OF COUNTY COI{MISSIONERS OF
couNTY, coLoRADO
FOR EXEI{PTION
t_t oner
Mabel M.
4.
Harness and Joe Ann Nichols.
Letter from the proposed owners approving the Petition
For Exemption.
5. List of the names and addresses of the owners of record
of the lancl immediatety adjoining and within 200 feet of the
propoSed exemption including mineral owners and Iessees of
records. No structures are proposed for conversion.
6. Statement from the Silt-New Castle Fire Protection
Di-strict concerning the requested exemption.
7. Statement from one of the cuirent owners concerning the
ownership history and nature of the property.
8. Legal hescriptions of the 33.99 acre tract and the
boundary description for the 73.7 8 acre tract proposed to be
conveyed.9. APPlicants do not P
manner other than its current
earlier.
ropose to u:ie the ProPertY l-n
and historicai use since 1975
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Inlailing Address
New Castle, C0 8L647
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and seal the da1' and year first above writ.ten
Signed, Sealed and Delilered in the Presence of
il::;l;fi,'&*di'n,u L-*.,
}MBH,_}4: IIAMESS,
as TYustee urder the Last Will
Deceased
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THIS Df f D, Made this 25th day of Septenber 1s7B
betu'een I.{ABEL I'LiiARI.{trSS, individually and as Tn:stee under the Last Will and
TEstanent of Lee Harness, Deceased.
ofthe County of Garfield and state of
Colorado. of the first part, and
I\4ABH. M. HARNESS and JOE ANN NIGIOI,S
u'hose)egaladdressis Box 23, Silt, Colorado 81652
ofthe County of Garfield and state of
Colorado, ofthe second part,
\4 ITNESSETH,Thatthesaidparty of thefirstpart,forandincon-siderationof thesumof
TI,ilC DOLLARS,
to the said part}/ ofthe first part in hand paid by the said parties ofthe second part, the receipt ,*'hereof
is hereby confessed and ackno*'ledged, haS remised, released, sold, conveyed and QUIT CLAIMED. and by these '
presentsr]c€Sremise.release,seIl'conveyandQUITCLAIMuntothesaidpartieSofthesecondpart,U1eirheirs,
successors and assigns, fore\:er, all the right, title. interest, claim and demand which the said party ofthe first part I
haS in and to the follo*'ing described lot or parcel of land situate, ly'ing aad being in the County
of Garfield and State of Coiorado, to u'it:
al.l tliat property described in E:<i-ribit A attached heret-o and
rade a part hereof by this reference.
also known as street and number
TO HA\rE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in any'*'ise thereunto appertaining, and al) the estate, right, title. interest and claim u'hatsoever, ofthe
said part y of the f!rst part. either in lau' or equity. to the onl)' proper use. benefit and behoof of the said partiggof
t h e se c o n i p a r t t-]'le I 4 e i r s a n d a,s s i gn s fo re'e r.
IN WITNESS \\'HEREOF, The said parf of the first part haS hereunto set hef h and
l
ISEAL]
SEAL]
STATE OF COLORADO,
Countyof Garfield
The foregoing instrument was acknowledged before me this 25th day of
le 78,br" Mabel M. Harness, ixdiwidually and as Trr:stee Lmder
and Testanent of I-ee Han^ness, Deceased.
My commission expires f . , 19 5,' . Witness my hand and official seal
Septenber,
tl:e Last Will
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No.933.etlTCt{lMt)EED.{oplrightllglrtlradfordPub)rshingCr, ir2{46SloutStreet,f)en!er.Colora-do(5?3.5011)-1-76
EXHIBIT A PAGE, 1 a bri-,,5l6 incr 44g
I.ot 1 {XfV}Xft'}) of Section 19, Tp. 6 SoLrth, Range g3 West of the 6th P. Ni.,
excent the narcel 460 fcet souare located in the Southeast corner thereof conveved bv\\'arianrl'deed recorded as'Docun,ent No. 12?050 in Book 185 at Page 266 of t6e
Garfield-County, C olor-ado -records.Lot 1 and the SEiNlinr of Section 24, Ip. 6 South, Range g4 West of the 6th P. N{.
The South 11.19 acres of Lot 2 and all of the SWINE* of Section 4, Tp. 6 South,
Ranse 92 \r/est of the 6th P. M.
The NE+Sw+, Nu'i-SE+ and S\{I}SBi- (described as Lots 35, 36, 37,38, 43,
44, 45, 46, 51, 52, 61 and 62 by Plat No. 1 of The Antlers Orchard Development
Cornpany'filed in the office of the Clerk and Recorder of Garfield County, Colorado
as Docurnent No. 37488) of Section 4, Tp. 6 South, Rar.rge 92 West of t}-re 6th P. M.
That portion of the SiarlSW* of Section 4, Tp. 6 South, Range g2 West of the
6th P. M., contained in such parts of Tracts 39, 41 and 42 of The Antlers Orchard
Developrnent Cornpany's PlatNo. 1 filed in the office of the Cierk and Recorder of
Garfieid Countl', Colora.do, as Document No, 374{t8, l1,,ing South of the center
(approximate center) of a certain rvell defined gulch or waterway running through said
tracts in a Southu'esterly direction and i,l hich said gulch may be more particularly
identified as follou,s: Beginning at Southu'est Corner of the Southeast Quarter of the
Northrvest Quarter (SU'Cor. SE+NU,i) of Section Four (4), Township Six (Tp. 6) South,
Range Ninety-trvo (92) West Sixth (6tfr1 Prin. IVIer., ca11ed Point No. One (1): South
along the center of tire Nortl-r and South lane Six Hundred (0001 feet to a point number
Tu,o (2) rvhich is approximately the center of gulch bottom; thence South Seventy degrees
(70") West 83 feet to poi.nt nurnber three (3); thence South Thirty degrees (30') \[;est
Orie Hundred Forty-six (i46) feet to point number four (4), thence, North Seventy-
five degrees (75') West One Hundred feet (100) to point number five (5); thence
North Eighty degrees (80') West Eighty-eight (BB) feet to point number sir (6);
thence, South Fort;,-five (45") degrees West One Hundred Irort),-seven (147) feet
to point number seven (7); thence, South Sixt-v-seven (67") degrees West Fifty-seven
(5?) feet to point number eight (B); thelice, South Forty-seven (47') degrees West
Eightl'-three (83) feet to point nunrber nine (9) thence South Eighty-five (85") West
One Hundred (100) feet to point nrimber ten (10); therrce South Fifty-fir.e (55) degrees
\iv'est One Ifundred (i00) feet to point nurrrirer eleven (11); thence North Sixr;,-1i1,s
(55") West One Hundred and T\arerrt.r'-three (l23) feet to point number tr..,eIr,e (12);
thence South Fortl'-seven (4'i') degrees V. esi Sixtl' (60) feei to point nurrrl-re:'tl-iirteen
(13); thence, South Nir-ie (9") degrees \i/est, Sixty-one' (61) feet to point number
fourteen (14); thence South Filt},-five (55") degrees West Eighteen (18) feet to point
number Fifteen (15); thence, South Thirty (30') degrees West Three Hundred Ninety
(390) feet to point nurnber Sixteen (16) on the South line of tracl nurnber Fortv-one
(41), 250 feet East of the Southwest Corner ol said tract, and containing eleven (11)
acres, morc or less.
That portion of the SBISW} of Section 4, Tp. 6 South, Range g2 \.\rest of the
6th P. N/i. lying Northerly of the center of the County Road and rnore particularly
described as: Beginning at apoint rvhich is the Northeast Corner of said SnlSWf:
thence West 1320 feet; tirence South 525 feet along the \\resterly line of said SEIlS$']:
thence Northeasterly to a point on the Easterly line of said SElSU,l which is 1?5
feet due South from the point of beginning, and thence North 175 feet to the point of
beginning.
Lot 6 and the N\,\I4Li{E} of Section 9, Tp. 6 South, Range g2 West of the 6th
P. I\4., except for the Highway and Railroad rights-of-way.
A tract of land situated in the XEi'Nni of Section 9, T. 6 S., R. 92 West
of the 6th P. M. and described as beginning at the intersection of the Northerly
right-of-way line of U. S. Highway lio. 6 & 24 with the Westerly boundary line of
saiC NE'iXn1, thence South 89"22r East a distance of 160.6 feet along said Northerly
right-of-way line, thence North 0o3B' East a distance of 150 feet, thence North
89"221 West a distance of 160.6 feet and thence South 0"38t West a distance of 150
feet along the Westerly boundary of said NEINE* to the poir-rt of beginning.
A tract of land situated in the NEINEaL of Section 9, T. 6 S. , R. 92 West
of the 6th P. I\{. and described as beginning at the intersectiori of the Southerly
right-of-rvay line of U. S.Highway No. 6 &,24 with the Westerly boundary of said
XE]-lXn*, thence South 0'38' lV. a distance of 5 feet rr,ore or Jess along the
\\'csterly boundary of said NEINE+ to the Northerly right-of-wa;, line of the
I)enver and Rio Grande Western Railroad, thence South 84o45r East a distance of
221.53 feet along the Northerly right-of -rvay line of said railroad, thence North
0"38' East a distance of.25.27 feet rrrore or less to the Southerly riglit-of-rvay line
of said U. S. Ilighvay No. 6 EL 24, and thence North B9o22t \[rest a distance of 22O.6
feet along said right-of-rvay line of said U. S. Highivay No. 6 & 24 to the point of
be ginning.
o
o
sou.5l6 r,rcr 444
EXHIBIT A PAGE 2
Except all that part of the above described property
previously conveyed by the Grantor herein as described in
the following conveyances, to-wit:
(1) AII that property conveyed to the State Department
of Highways, Division of Highways, State of Colorado by Deed
appearing in Book 454 at Page 435, Document No' 261596 of
the Garfield CountY recordsi
(2) A1I that property conveyed to Blizabeth Terrell by
Deed appearins t" -":"1 Y '"o*i: ::ffii"/ra ""3fff,i11"I3;.'! ,(. t'
a
o o
April 19 85
Garfield County Commissioners
Glenwood Springs,
Colorado 81601
Gentlemen:
The undersigned are the owners of certain property which is the
subject of a Subdivision Exemption Petition submitted by Kenneth
Strong and Kent Strong, dba K e K Lumber Company which would allow
for their purchase of a tract of land containing 13.29 acres, more
or less, being a part of the SWLSEL of Section 4, Township 6, South,
Range 92 West of the Sixth P.M. in Garfield County, Colorado. The
Strongs are proposing to purchase the property pursuant to an option
contained in a }ease of the property dated May 15, 1980. They have
been in possession of the property proposed to be purchased since
that time. The undersigned have owned this property since 1968.
The undersigned hereby join in the aforementioned Petition for
Subdivj-s ion Exemption.
7357 WellsfordWhittier, California 90606
HARNE
Box 23Silt, Colorado 87652
LMM/Ih
o o
Suntit.y oJ l:ontrtd
STE.W.AR.T TITLE
OF GLENWOOD SPRINGS
8O5 Colorado Avenue
P.O. Box 430
Glenwood Springs, Colorado 816o1
(303) 94s-5434
May 8, 1985 #7797 Tr
Larry Mj ncer
810 Pitkin Ave.
Gl enwood Spri ngs, C0 81601
We have searched the records of the Garfield County Clerk and
Recorder and have found the following surface and mineral owner-
ships adjoining the property attached hereto:
Homer C. Johnson
Loretta A. Johnson
Jon E. Jul i us
Bonnie R. Julius
Jerry Faxxi
Sharon K. Fazzi
El izabeth Terrel I
Betty J. Linville
Koch Expl orat'ion Co.
32369 Hwy. 6 & 24, Silt, C0 81652
7090 21.4 Rd., Silt, C0 81652
32617 Hwy 6 g 24,sllt, c0 8i652 ( p.c' 6cx 13?
596 31 Rd. Grand Junction, C0 81501
P. 0. Box 2256, Wichita, KS 67201
)
N0TE: All addresses above were taken from the documents of record
Cert'ified to May 6, 1985 at B:00 A.M.
R. L
O "EoWCountr'y O
P.O. lor l0l 13031C1O2222
M.:rn Sill, Colo' 81652
BOUNDARY DESCRIPTION:
A parcel of land situated in the Nt^ItSEt and SWtSEt of Section 4, Township 6
South, Range 92 l.Iest of the Sixth Principal Meridian, Garfield County, Colorado,
lying Southerly of the Southerly right-of-way line of County Road No. 236, said
parcel of land is more fu1ly described as folLows:
Beginning at a point on the l^Iest line of said SI^ItSnt, whence the South Quarter
Corner of said Section 4 bears: S.00"31'52"E. 179.28 feet (from said Quarter
Cornerr' the Southeast Corner of said Section 4, being a street survey monument
in the Town of Si1t, Colorado bears: N.89"14t32"8. 2637.29 feet); thence from
said point of beginning, N.00'31'52"W. along said West line, 985.20 feet to a
point on said right-of-way line; thence, along said right-of-way line, 208.07
feet along the arc of a curve to the left, having a radius of.762.572 feet, the
chord of which bears : N. 65" 54 ' 00r'E . 207 .42 feet; thence N.58" 05'00"E. 60.93
feeti thence 226.04 feet along the arc of a curve to the right, having a radius
of. 395.857 feet, the chord of which bears: N.74"26 f30"8, 222.98 feet; thence
S.89'12r00"E. 850.12 feet to a point on the East line of said mtsnt; thence,
leaving said right-of-way 1ine, S.00'35'09"E. along the East line of said
mtsnt and Swtsrt ff:Z.99 feeE; rhence s.89"15I51"E., atong a Line described
in Rcceptfon No. 269018 of Book 478, Page 101 as filed in the Garfield County,
Colorado records, 1318.47 feet to the point of beginning, containing a3.99 acres,
more or less.
t
o
Sllt-J{eru Costle FPD
P.O. Box 216
Silt, Colorado 81652
April 2!, tg85
Soott Ealconb
AttorueY at Iraw
Daeawer ?90
Glenvood Springs, Colorado 816OZ
BEr Strong SubdlvLslon
Ilear Mr. Balcorob:
Bron ry potnt of vlew, I clo not have angr obJectLons to a sub&lvlsl.ou ererBtlon berng
gr";nt"i io Eent Strong, ae long as there is adeqgate ueter.
SLncerelyt
<+
th Crantlell
Presld.ent
Sl1t-Ner Castle EPD
)t,
oa
To: Garfield County Commissioners
The undersigned is the owner of the property which is
subject to the Petition for Exemption of Subdivision Regulations
submitted by Kenneth and Kent Strong. The undersigned is one ofthe record owners of the property and the other record owner, Joe
Ann Nichols, is her daughter. The undersigned and her daughter
acquired the property upon the death of the former husband of the
undersigned in 1968. The parcel proposed to be conveyed is part
of the entire parcel acquired by the undersigned upon the deathof her husband, and no part of the larger tract acquired in L959
has been conveyed since January 1, 1,973 except for a 20 acreparcel conveyed to Elizabeth Terrell in 7975 pursuant to binding
purchase and sale agreement entered into June 22, 1972.
The 13.78 acre tract proposed to be conveyed to the Strongs
has been used by them for a logging operation since lvlay of 1980
and there is adequate domestic water and sewage disposal methodsavailable on the site. The property has been used continuouslyfor saw miII purposes since 1975 or earlier.
Dated Uay (. , 19 8 5 .
e M. Harness
o'8offi=Gunt{y o
P.O. Eor 1G3 ,|3011 ei|22?2
M;rn Sill, Colo. f .i652
BOUNDARY DESCRIPTION:
A parcel of land siruated in the NWtSEt and SWtSEt of Section 4, Township 6
South, Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado,lying Southerly of the Southerly right-of-way line of CounEy Road No. 236, saidparcel of land is more fully described as follows:
Beginning at a point on the WesE line of said SI^rtSEt, whence the Sourh QuarEerCorner of said Section 4 bears: S.00'31152t'8. L79.28 feet (from said QuarterCorner' the Southeast Corner of said Section 4, being a streeE survey monumentin the Town of Si1t, Colorado bears: N.89"14'32"8. 2637.29 feet); thence fromsaid point of beginning, N.0O'31'52"w. along said West 1ine, 985.20 feeE Eo apoint on said right-of-way line; Ehence, along said right-of-way line, 208.07feet along the arc of a curve to the left, having a radius of 762.572 feet, Ehechord of which bears: N.65" 54 '00"E . 207 .42 feet; thence N.58'05'00"E. 60.93feet; thence 226.04 feet along the arc of a curve to the right, having a radiusof 395.857 feet, Ehe chord of which bears: N.14"26'30"8. 222.98 feer; thences.89"12'00"E. 860.12 feeE to a poinE on the Easr line of said lwlsEt; Ehence,leaving said right-of-way 1ine, s.00"35'09"8. along Ehe East line of saidNwtsEt and swtsE\ ttlz.gg feet; Ehence s.89" 15'5l"i., along a line describedin Rcception No. 269018 of Book 478, Page 101 as filed in rhe Garfield Counry,Colorado records, 1318.47 feet to Ehe point of beginning, containing 33.99 acres,
more or 1ess.
SUBJECT
as now
as now
The Southerly right-of-way line of County
survey of its cenEerline and fence 1ines.
cription was based from the Town of Si1t,
Avenue, be ing N. 89' 46t 40,'E .
to diEch, road and utility easements and/or rights-of-qray of record orconsEructed and in use. ALSO subject Eo a lease containing 15.66 acres
fenced along the l{esterly portion of the above described parcel of land.
Road No. 236 r^/as established by a f ield
The bearing source for the above des-
Colorado street bearing along Grand
February 9, 1982
Job No. 281622
P.O. llor t63 1303, 8162:2:
s- !,Lin S'rtt. Coro. 81652
BOUNDARY DESCRIPTION: Saw Mil1 Area
A parcel of land situated in the SwtSEt of Section 4r'Township 6 South, Range
West of the Sixth Principal Meridian, Garfield County, Colorado, lying NorEher
and Westerly of a fence line as now construcEed and in place, and Southerly ofthe Southerly righE-of-way line of County Road No. 236, said parcel of land is
nore fully described as follows:
a t8o/af Countfy o
The above describes the same fence lines and boundary lines as shown on the
skeEch of the saw mill area as attlached to Ehe Lease between Mable M. Harness
and K&K Lumber Company. t
z
1y
Beginning at a point on the West line of said SwtSEt. where the Southerly fenceline as projected Westerly inEersects said West line: whence the South QuarterCorner of said Section 4 bears : S.00" 31 | 52"8. 286.78 feeE ; thence N.00' 31 r 52"w.
along said West line,877.70 feet to a poinE on said right-of-way line; thence,
along eaid right-of-way line, 208.07 feet along the arc of a curve to rhe lefr
having a radils of. 762.572 f.eet, the chord of which bears: N. 55" 54r00"E.
'.'
207.42 feet; thence N.58'05'00"E. 60.93 feet; thence 56.38 feeE along the
arc of a curve to the righC, having a radius of 395.857 feet, the chord of
which bears: N.62"Ogr50r'8. 56.34 feet to a point in said fence line; thence,
teaving said right-of-way, S.30"31t13"8. 1244.57 feer along said fencel rhenceN.86"47tL5"w. along said fence, 916.28 feet to the point of beginning, containing
13.78 acres, rnore or less.
February 17, LgBz
Job No, 281622