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Home My WebLink About1.0 ApplicationPursuant to the Subdivision 7972 and amended BEFORE.lHE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION C.R.S. (1973) Section 30-28-101 Regulations of Garfield County, ApriI 14, 1975, Section L.02.L7 (10) (a)-(d) as amended, and Colorado, adopted September 1, (d) and 3.02.01 the under- s i gned respectfu'l1y petitions the Board of County Cornmissioners of Garfield County, Colorado, to exempt by resolution the division of aO ucre tract of land i nto 2 tracts of approximately /Z acres each, more or'less, and which tract to be subdivided is more particularly described as fol Iows: - attach separate sheet ce is required) (l eqa'l descriptionif additional sDd from the definitions of "subdivision" and "subdivision land" and defined in C.R.S. (1973) Section 30-28-101 (a) - (d) and Subdivision Regu'lations, for the reasons stated below: as the terrns are used the Garfie'ld County In support of this petition the petitioner also submits the followino: (a) Map drawn to scale showino proposed lot subdivision and access.(b) Vicinity Map. (c) (d) (e) (f) Submitted at Glenwood Springs, Colorado, this ;nHil:lt 3l;:Iffi: Sl l:ilfi:';'I3:::i ,a///a D//u/( 100 year floodplain information wherelive stream crosses or adjoins said tract. Fee in the amount of $ ta2{ Receplion No.-- Recorded ert--- ----o'clock-*--M., t3b rlay of (2, f" lrr- Recorder'. Tgls Drro, Made this 19, 78 , between AIAN A. STOREY of the County of Pitkin and State of Colorado, ofthe first palt, and STEVEN D. MESSENGER And JESSIE A. MESSENGER rvhose legal address is P. O . Box 8394 , Aspen, of the Countyof Pitkin and State of Colorado, of the second part: WITNESSETH, that the said part] of the first Jrart, for and in corrsider':rtion of the sum of TEN DOLLARS AND OTHER GOOD A}iD VALUABLE CONSIDEMTION------ --EOI}{:EGG to the said part y of the first part in hand paid by the said parties of the second part, the rece ipt rvhereof is he reby confessed and acknorvledged, has granted, batgained, sold and conveyed, and by these presents do gr:rnt, bargain, sell, convey and confirm unto the said parties of tlre second part, their heirs and assigns forever, not in tenancy in comnron but in joint tenancy, all the following described lot or pzrrcel of land, sittrate,lying and being in the County of Garfield and State of Colorado, to rvit: The W%SW|SW| of Section 29, Tovmship 7 South, Range 87 West of the 6th P'M. Together with a nonexclusive easement for purposes of access to Lhe above described property, which easemenE shall include that certain easement described in deed recorded as Reception No. 25L296 in Book 423 at Page 298 of the Garfield County Records and shalt extend from the easterly terminus of the easement so described along and 15 feet on either side of the centerline of the roadway to be constructed by the party of the first part over and across that property ly westerl-y of the above described property and then extending from the easterly t.erminus of the roadway as constructed by the party of the first Part to -the^^above descfibed fea1. pioperty by the most direet route, said easement to be 30 =-i=#=i:r=+::+E==:====*f aat in riatn. TOGETIIER with all and singular the hereditaments and appurten2rnces theleunto belonging, or in anywise appertainiug, the reversion and reversions, r'emainder and renrainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand rvhatsoever of the said part y of the fitst part, either in larv or equity, of, in and to the above bargained premises, rvith the hereditan-rents and appultenances. TO HAVII AND TO HOLD the said premises above bargained zrnd described, rvith the apput'tenances, unto the said parties of the second part, their heirs and assigns forever. And the said parfr of the first part, for him sel f , hiS heirs, executors, and administlators do eS 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 tlte-se presents he is u'ell seized of the premises ab<lve conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in larv, in fee simple, and haV€ good right, full porver and larvful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear front all former and othergrants,bargains,sales,liens,taxes,assessmentandencumbrartcesofrvhateverkindornaturesoever.r eXCePt anC subject-to general- property taxes for the crrrrent Ye?r, U.S. patent..reserva- tions aid excepEions. airy bnd -al-l easements and rights-of Way ot-a Pub+ic.orpiivite nature', planfilng', zoning and other governmd+tal rules and regulations b.nd prior oiI, gas and mineral reservations. and the above bargained premises in the quiet and peaceable possession ofthe said parties ofthe second part, their heirs and assigns, against all and every pelson or persons larvfully clairning or to claim the whole or any part thereof, the said part y of the first part shall and will wARRANT AND FOREVEIT DEFEND IN WITNESS WHEREOF the said part y of the first part,ha S. . hei'eunto set hishand and seal the day and year first above tvritten. Signed, Sealed and Delivered in the Presence of _tsEALl STATE OF COLORADO ili;e foregoing'instrun-rent rvas acknorvlcdged before me this 1e7Q uv. AJAN A-. STOREY. C)rr.rrty r, - LrrrA*-U-l'. lt'Iy conrrnission expires .l?t---l:\ ,. i I .l t2 No. 92 t. w.\tul,\Ni.r RECORDER'S STAMP _lSEALI __lsEALl i7>I 7r-dayof c7 LL , 19 "( ?. Wit Notrry Public, / I)l'lF.lI) ToJoint'fenants. -OlgTSRrndfortlPublishingCo., l8.l6StoutStreet,Denver,Coloratto(5?3-5Ofl) -,1-?8 '.ll P.O. Box 2837 Aspen, CO 81511 October 6, 1978 Steven D. Messenger P.O. Box 8394 Aspen, CO 81611 Re: Water Taps - WLSWLSWL, Section 29 Dear Steve: I have agreed to selI and you have agreed to purchase approximately 20 acres of real property located in the WLSW''SW\ oi Section 29, Township 7 South, Range 87 West in Garfield County, Colorado. In connection with your Purchase of that prop"ity, I have agreed to allow you to tap onto the weII which I intend Lo drill on my adjoining proPerty upon your payment of $2, OOO. OO for each taP. You will be allowed a maximum of 2 taps to serve the above deicribed property which you are purchasing from me. You will also share in the expense of operating and maintaining the weIl, pump and common distribution system after you have tapped. into the water system, with all such exPenses Leing shared pro rata on the basis of the number of total taps. If this is your understanding of our agreement regarding your right to tap into the water system, please so indicate by signing in the space provided below- Yours very truly; ./ -."- ,./ / -r--' ' .' .i ALAN A. STOREY APPROVED: ^ ) )i't-- /) .',/ ,)/ri: r 7,;',/'' "" - 1,:':,-", ="^'-oSteven 'D. I,lessenger / JOHN O. MUSICK. JR, STEPHEN T. WILLIAMSON ALAN E. SCHWARTZ LOYAL E. LEAVENWORTH JOSEPH A. COPE SUE ELLEN HARRISON WILLIAM T. SMITH. JR. KEVIN L. PATRICK JAMES S. LOCHHEAD ROBERT F. WIGINGTON RICHARD M. FOSTER. JR M usrcx, WTLLTAMSoN, ScuwARTz, LEaveNwonru & Coce, P. C. ATTORNEYS AT LAW Glenwood SpringsJuly 30, 1980 ssfi f[Ets" c 0 ",,PJ.AilNf n P. O. EOX 4579 Bouuoen. CoLoRADo aoso6 TELEPHONE (303) 499-3990 (coLo) r-aoo 33"-2t4o IOII GRAND AVENUE P. O. DRAWER 2O3O Greruwooo SPRTNGS. CoLoRADo gr6or TELEPHONE t303t 945-226t (coLo) r-8oo 332-6955 Mr. Ray Baldwin, Director Garfield County Planning Department 20L4 Blake Avenue Glenwood Springs, CO 8f60f Re: Senate Bill 35 Exemption for Steven Messenger Dear Ray: Per our conversation of last Friday at the courthouse and on behalf of Steve Main, I would like to request an additional sixty ( 60 ) days in which to provide evidence of a survey for the property as set forth in the Resolution granting the above- ieferenced exemption. As grounds for such request, certain title and survey inconsistencies have arisen as a result of on-site surveyingl these problems relate to the position of the current road and the easterly boundary of the property. It is believed that requesLed sixty (60) dayin said Resolution satisf KLP: jaw cc: Arthur A. Abplanalp, Esq. Stephen L. Main these problems can be solved within the extension and the contingencies set forth ied. Thank you for your cooperation. Very truly yours, MUSICK, WILLIAMSON, SCHWARTZ, LEAVENT{ORTH & COPE, P.C. Ju- s 0 1980 APR 0 3 1980 JOHN D. MUSICK, JR. STEPHEN T. WILLIAMSON ALAN E. SCHWARTz LOYAL E. LEAVENWORYH JOSEPH A. COFE SUE ELLEN HARRISON WILLIAM T. SMITH, JR. KEVIN L. PATRICK JAMES S. LOCHHEAO ROBERT W. WIGINGTON RTCHARO M. FOSTER, J R. MustcK, WrLLrAMSotr, ScHwARTz, LreveruwoRrH & Coee, P. C. ATTORNEYS AT LAW GARFIELD CO.PI.AItflER 75 MANHATTAN DRIVE P. O, BOX 4s79 Bouroen, Couoneoo gosoe TELEPHONE (303) 499-3990 (coLo) t-800 332-2r40 IOII GRANO AVENUE P. O. ORAWER 2030 Grexwooo SPRTNGs, Coronloo eteor TELEPHONE (3O3) 945.226I (coLo) r-800 33e-69s5 GlenwoodApril 3, Springs 1 980 Mr. Ray Baldwin, DirecEorGarfield County Planning DeparEment 20L4 Blake Avenue Glenwood Springs, C0 81601 Re: Senate Bill 35 f Dear Ray: This firm has been reEained to represent Steven andJessie Messenger in a request for a Senate Bill 35 Exemptionfor their lot just north of Catherine's Store in Garfield County. Per our conversation the oEher week, the Messengers own atwenty-acre ( plus or minus ) tract of land adjacent to EheLionrs Ridge Addition. They desire to divide this tracE intotwo loEs of approximately ten acres (pIus or minus) each. Inthis regard, the Messengers made application to your office on May 2L, t979, with Ehe applicaEion receiving attention at a Commissioners hearing last summer. At EhaE hearing, theirapplication was Eabled pending the demonstration of physicalwater aE the Lionrs Ridge Addition, the Messengers having an agreement for water Eaps from A1 SEorey (enclosed). As Garf ield County is ar^rare , the Lion I s Ridge Additionhas demonsErated a saEisfactory physical and legal waEer sup-ply and received final plat approval by Ehe Commissioners.AccordinBly, I would like to request that the above-referencedapplication be placed upon the next Commissioners meeEing agenda for final disposition. It is my clientsr desire Eosecure an approval of the Senate Bill 35 application permit-ting them to subsequently secure the appropriate surveys for each spliE loE. Musrcx, Wtt-ltar.asoN, Scxr-.-RTz, LEeveruwoRTH & Coee, P. C. Mr. Ray BaldwinApril 3, 1980 Page 2 Please feel any quesEions. free to call if the Commissioners or you have Very Eruly yours, MUSICK, WILLIAMSON, SCHWARTZ, LEAVENWORTH & COPE, P.C. KLP: jaw Enc.cc: Mr. Steven D. Messenger By l),l L l 'q- INDIiNI.'URE \ FOR AND IN CONSIDERATION of Four Thousand DoIIars (S4,000.00) hereby receipted for, the undersigned hereby grants and conveys to STEVEN D. MESSENGER ANd JtrSSIE A. MESSENGER tWO Q) ONC iNCh water top: from the water system which the undersigned, or his successors or assigns, shaII hereafter develop In connectlon with t the Lion's Ridge Subdivision in Garfield County, Colorado which Subdivision is situate adjacent to the property of Messengers hereinafter described. Said water taps shal1 be used only for domestic water purposes on that property described in deed recorded as Reception No. 289290 in Rook 155 at Page 956 of the records of the CIerk and Recorder of Garfield County, Colorado. The owner or owners of the water taps herein conveyed shall share in the expense of operating and maintainlng the water supply system, including the welI, pump and conunon distribution system, with all such expenses being shared pro-rata on the basis of the number of total taPS