HomeMy WebLinkAbout1.0 Application•
BEFORE THE BOARD OF COUNTY COMMISSIONERS OL
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursusant to C.R.S. (1973) Section 30-20-101 (10) (a) - (d) as
amended, and the Subdivision Regulations of Garfield County, Colorado,
adopted April 23, 1984 Section 2:20.49, the undersigned Eckt,vay-k ? ,
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respectfully petition the Board
of County Commissioners of Garfield County, Colorado, Lo exempt by
Resolution the division ofi g-,73 acre tract of land into tracts of
approximately
,i_'2?.13acres each, more
or less, from the definitions
"subdivision" and subdivided land" as Lhe 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:
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SUBMITTAL REgUIREMENTS:
An application which satisfies the review criteria must be submitted with
all the following information.
,.A. Sketch .map at a minimum scale of 1"=200' showing the legal
description of the property, dimension and area of all lots or
separate interests to be created, access Lo a public
right-of-way, and any proposed easements for drainage,
irrigation, access or utilities;
B. Vicinity map at a minimum scale of 1"-2000' showing the general
topographic and geographic relation of the proposed exemption to
the surrounding area within two (2) miles, for which a copy of
U.S.G.S. quadrangle map may be used.
C. Copy of the deed showing ownership by: the applicant, or a letter
from the property owner(s) if other than the applicant; and
D. Names and addresses of owners of record of land immediately
adjoining .and within 200 feet of the proposed exemption, mineral
owners and lessees of mineral owners of record of the property to
be exempted, and tenants of any structure proposed for
conversion; and
Evidence of the soil types and characteristics of each type; and
Proof of legal and adequate source of domestic water for each lot
created, method of sewage disposal, and letter of approval of
fire protection plan from appropriate fire district; and
If connection Lo a community or municipal water or sewer system
is proposed, a letter from the governing body stating a
willingness to serve; and
ll. Narrative explaining why exemption is being requested; and
I. It shall be demonstrated that the parcel existed as described on
January 1, 1973 or the parcel as it exists presently is one of
not more than three parcels created from a larger parcel as it:
existed on January 1, 1973.
J A U00.00 fee must be submitted h t
Petitioner
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Mailing Adress
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City �— State
Telephon Number
E.
EXEMPTION
APPLICABILITY
The Board of County Commissioners ha:, the discretionary power Lo exempt a
division of land from the definition of subdivision and thereby from the
procedure in these Regulations, provided the Board determines that such
exemption will not impair or defeat the stated purpose of the Subdivision
Regulations nor be detrimental to the general public welfare. The Board
shall make exemption decisions in accordance with the requirements of
these regulations. Following a review of the individual facts of each
application in light of the requirements of these Regulations, the Board
may approve, conditionally approve or deny an exemption. An application
for exemption must satisfy, at a minimum, all of the review criteria
listed below. Compliance with the review criteria, however, does ►►ot
ensure exemption. The Board also may consider additonal factors listed in
Section 8:60 of the Subdivision Regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling
units will be created from any parcel, as that parcel was described in
the records of the Garfield County Clerk and Recorder's Office on
January 1, 1973, and is not a part of a recorded subdivision; however,
any parcel to be divided by exemption that is split by a public
right-of-way (State or Federal highway, County road or railroad) or
natural feature, preventing joint: use of the proposed tracts, and the
division occurs along the public right-of-way or natural feature, such
parcels thereby created may, at the discretion of the Board, not be
considered to have been created by exemption with regard to the four
(4) lot, parcel, interest or dwelling unit limitation otherwise
applicable;
B. All Garfield County zoning requirements will be met; and
C. A11 lots created will have legal access to a public right -of --way and
any necessary access easements have been obtained or are in the
process of being obtained; and
D. Provision has been made for an adequate source of water in terms of
both the legal and physical quality, quantity and dependability, and a
suitable type of sewage disposal Lo serve each proposed lot; and
E. All state and local environmental health and safely requirements have
been met or are in the process of being met; and
F. Provision has been made for any required road or storm drainage
improvements; and
G. Fire protection has been approved by the appropriate fire district.
Il. Any necessary drainage, irrigation or utility easements have been
obtained or are in the process of being obtained; and
I. School fees, taxes and special assessments have been paid.
(The School Impact Fee is $200.00 for each new lot created).
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms
provided by the Garfield County Department of Development/Planning
Division. Two (2) copies of the application, maps and supplemental
information shall be submitted.
B. The Planning Division shall review the exemption request: for
completeness within eight (8) days of submittal. If incomplete, the
application shall be withdrawn from consideration and the applicant
notified of the additional information needed. If the application is
complete, the applicant shall be notified in writing of the Lime and
place of the Board of County Commissioners meeting at which the
request shall be considered. In either case, notification shall occur
within fifteen (15) days of submittal.
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C. Notice of the public meeting shall be mailed by certified mail, return
receipt requested, to owners of record of land immediately adjoining
and within 200 feet of the proposed exemption, to mineral owners and
lessees of mineral owners of record of the land proposed for
exemption, and to tenants of any structure proposed for conversion.
The exemption site shall be posted clearly and conspicuously visible
from a public right-of-way with notice signs provided by the Planning
Division. All notices shall be mailed at least fifteen (15) and not
more than thirty (30) days prior to the meeting. The applicant shall
be responsible for mailing the notices and shall present proof of
mailing at the meeting.
D. At or within fifteen (15) days of the meeting, the Board shall
approve, conditionally approve or deny the exemption request. The
reasons for denial or any conditions of approval shall be :yet forth in
the minutes of the meeting or in a written resolution. An applicant
denied exemption shall follow the subdivision procedure in these
Regulations.
2
Loan Nun er
THIS INDENTURE, made till& T
ED LARSH AND JANE LAR
lee
day of JUNE
•
whose address is PO BOX 178, WOODY CREEK, C 0 81656
State of Colorado, hereinafter referred to as Grantor, and the Public Trustee of the
County of GARFIELD , State of Colorado, hereinafter referred to as Trustee.
A.D. 19 88 , between Y }'
County of PITKIN
WITNESSETH: That, Whereas, Grantor has executed a certain
IXICPromissory note dated JUNE 1 , 19_8$ {atx1—leat--agFoemoot, -dated
-19--4* payable to the order of CENTRAL BANK OF ASPEN,N.A
PO BOX 3318 in ASPEN (Bank Name)
Colorado or at such other place as the holder
thereof may designate in writing, for the principal sum of ($ 50, 000.00 )
FIFTY THOUSAND AND NO/ 100 dollars ('
a) with interest thereon from the date thereof, until paid, at the rate set forth in said note, said principal sum and interest JAy
`tU\, thereon to be paid at such times and in such amounts as set out in the promissory note 4attd=loattwgt+€emet , said note e
`' renal* by reference being made a part hereof to the sante extent as though set out in full herein, and, as specified
in said note, the remaining balance of said principal sum shall be due and payable, JUNE 1 , 19 93
or at such later ater date as may be provided by any renewal or extensio r ements-he ; rene ng or extending
the referenced note. t � jkki
O Continuing Guaranty Agreement dated ' l q
indebtedness of gt, 3 , guaranteeing the following described
to
("Borrower")
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Recorded at
Reception No
DEC 5 13
�?�CC.
FU��� �(a C,01/1\111E.
t n�,FIE�D
(Bank Name)
and any extensions or renewals thereof, and
all other
existing and future indebtedness of the Borrower to
, in accordance with the terms of
the Continuing Guaranty nwhich, by this reference, is made a part hereof, as though set forth in full herein;
El Revolving credit line agreement dated , 19 , by and between Grantor and
, which provides to Grantor an
(Bank Name
open-ended, revolving line of credit up to the amount of
($ ), plus accrued finance charges; said principal, interest and finance charges being payable at such
times and in such amounts as set out in said revolving credit line agreement, which be reference is made a part hereo
as if fully set forth herein;
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And, Whereas, Grantor is desirous of securing the prompt payment of the indebtedness, both principal and interest thereon
as above set out, in whose hands soever the said note, agreement, or continuing guaranty may be, such holder of said note,
agreement, or continuing guaranty being referred to hereafter as Beneficiary;
Now, Therefore, Grantor, in consideration of the premises, and for the purposes aforesaid, has granted, bargained, sold,
conveyed, and does hereby grant, bargain, sell and convey unto Trustee, in trust forever, all those certain premises and
property situate in the County of GARFIELD , State of Colorado,
known and described as follows, to -wit:
Legal Description:
SEE ATTACHED EXHIBIT A ATTACHED HERETO AND MADE A PART THEREOF.
COUNTY OF GARFIELD
STATE OF COLORADO
Otherwise known as (street address):
9179 STATE HWY 82, CARBONDALE, CO 81623
Together With all buildings and improvements now or hereafter erected thereon, all screens, storm sashes, awnings, attached carpet
and floor covering, heating, lighting, plumbing, gas, electric ventilating, refrigerating and air-conditioning equipment used in connec-
tion therewith, all of which, under this instrument, shall be deemed a part of the reality as between the parties hereto. The express
enumeration of the foregoing items shall not be deemed to limit or restrict the applicability of any other language describing in general
terms other property intended to be covered hereby.
Together With all and singular the tenements, hereditaments, right, rights of way, easements, privileges and appurtenances, thereunto
belonging or in anywise appertaining (all as part of the premises hereby conveyed) which shall be deemed to include but not to be
limited to (i) all rents, issues, profits, royalties and benefits therefrom, subject, however, to the right, power and authority hereinafter
given to and conferred upon Beneficiary or the holder of a Certificate of Purchase to collect such rents, issues and profits; (ii) all
improvements, fixtures and equipment (whether or not annexed thereto) now or hereafter used in connection therewith; (iii) all water
and rights to the use of water for domestic, agricultural, manufacturing and any other purposes thereon to which Grantor and/or the
premises hereby conveyed are now or may hereafter become entitled; (iv) all fixtures and equipment (whether or not annexed
thereto) now or hereafter used for the production or distribution of water thereon or for the irrigation or drainage thereof; (v) all shares
of water or shares of stock in any water, irrigation or ditch company which in any manner entitles Grantor and/or the premises hereby
conveyed to water for;domestic, agricultural, manufacturing and any other purposes upon said premises, including any such shares to
Mlillwalelivhich Grantor or the premises may be entitled and together with any such shares hereafter acquired by Grantor for any such purposes;
arid (vi) all judgments, awards of damages and settlements hereafter made as a result of or in lieu of any taking of the premises, or any
part thereof, under the power of eminent domain, or for any damage to the premises or the improvements thereon, or to any part
thereof, whether caused by such taking or otherwise, such part of any such judgement, award or settlement as Beneficiary may elect to
be applied to the indebtedness hereby secured and the balance thereof, if any, to be reserved to the party or parties otherwise entitled
thereto.
"strike according to fact
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EXHIBIT A
SectioonS20 and8 West inof the
7 South, Range the
�3 arcel of land situated in Lots 1 and
6 NE Section 19e alleyin ofTthe Denver Fork stern
lying Westerly the othe Roaringnde Western
h P.M., Y of the center
RailroadRiver
and Easterly
described as follows:
hence the point of
the Northeast Corner of thatlanddescribed in Book
Beginning2at RecePtion No. 339418, 148.69 feet and
622 at Page 548 as document 46 45'24" W. beginning of said bears S. Quarter Corner of said
21°42'45" E. 1414.36 feet;
t
also whence the Witness Corner to the Northins of said document
Section 20 bears: nthe Northerly 1
thence West 682t.25 feet along the center of said river;
to a point 8i°00'00" W. the r of said
the center of said river;
thence N. 64°45'00" W. 336.27 feet along
thence N . 1105.42 feet;
right-of-way
thence N. 54°54'00"E. the Westerly rig
thence S. 36°09'00" E. 801.50 feet along
of said railroad;
point on the Easterly line of the
thence West 271.01 feet to a
thence S. the Easterly line of the
Glenwood Ditch;
04°47'00" W. 223.72 feet along Glenwood Ditch to the point of beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
note hereby secure ' accelerated,
to the Borrower of the promissory i�n by Beneficiary without in any
suspend whatsoever of fcini for
ed orc refunded rn any
suspended of the lien of the DeedTrust* as security manner
affectinc! the priority
in the pr�SSO� note (� those
the obligations of the Borrower
*and any extensions thereof
CENTBK FORM (12/28/87-0,11M
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NARRATIVE EXPLAINING WHY EXEMPTION IS REQUESTED
This narrative explains why Edward Larsh and Jane Larsh
are requesting an exemption, based on the changing dynamics of
many interrelated factors impacting our personal future as well
as the quality of life in the Roaring Fork Valley.
My wife and I are caught in a semi -retirement position of needing to
utilize all of our resources due to circumstances of geographic location
and a serious acceleration of necessary health costs.
We sold our home in Jefferson County on May 22, 1992, and have
declared our desire to purchase like property here in Garfield County to
take advantage of a tax exchange program as well as to avoid commuting
to Denver to maintain the Jefferson County poroperty. Public Law 1031
allows us to be involved in a non-taxable exchange of like kind investment
property. It is this opportunity that is the primary impetus for our
request.
We currenty own a house that is located on 14.73 acres (a parcel as
it presently exists that is one of not more than the three parcels created
from a larger parcel as it existed on January 1, 1973). The probability of
Aspen Glen becoming a very large development with over 600 building
sites (occurring directly adjacent to and across the Roaring Fork River
from our 14.73 acres) creates a need for us to protect our interests vis-a-
vis the changing quality of life of the valley as well as the feasibility of
other factors such as availability of domestic water and possible future
restrictions on dividing our land.
We are requesting three additional two -acre building sites that will
meet all of the required criteria of Garfield County including the water
allotment through Basalt Water Conservancy District. We feel it is
necessary to apply for the three sites and to establish wells on all three
sites at this time, prior to the development of Aspen Glen.
Our intention is, however, to build an investment, rental home on one
of the sites to meet the tax exchange requirements. Our request to
Garfield County authorities includes dividing our 14.73 acres so that 6
acres would accommodate the proposed new building sites while the
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remaining approximately 9 acres would be dedicated to the planting of
trees and the repair of the soil to prevent erosion as well as accommodate
our existing house and barns. We will have a dedicated path from the
access road to the Roaring Fork River available to fishermen upon request.
This opportunity will enable us to continue to live in and to help
preserve the natural beauty of the Roaring Fork Valley.
Mrs. Larsh has a serious cancer condition that is taxing our existing
resources; this is a primary reason for requesting this exemption.
Sincerely,
Edw. d B. Larsh
Jane A. Larsh
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