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HomeMy WebLinkAbout1.0 ApplicationGERALD D. HARTERT RONALD M. WILSON RICHARD L. EVERSTINE • 1 LAW OFFICES HARTERT, MINCER, WILSON, EVERSTINE AND KEMP 810 PITKIN AVENUE P.O. BOX 850 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (303) 945-5448 April 25, 1985 Garfield County Commissioners Community Planning Department 109 8th Street, Suite 306 Glenwood Springs, Colorado 81601 Re: Boundary Adjustment Exemption, Lot 5, a portion of Lot 6 and 7, Block 4, Mel -Rey Subdivision, James E. Griffin and Ann E. Griffin, owners LAWRENCE M. MINCER JOHN L. KEMP KRISANDRA L. KREFT NEIL S. MINCER T-1 0 f:To-A.,3,T77...-!? fi it!: ., ,, MAY 9 1985 GARREL D CO. PLANir' Dear Planning Department and Commissioners: Jim and Annabet Griffin own the real property referred to above and specifically described in the enclosed deeds and plat maps. They request the boundary adjustment indicated in order to conform the property boundary lines to the actual uses of the two parcels. The parking lot for the Griffins' restaurant, Los Desperados, is now located on the lower portion of the property. The Griffins request that the boundary line be adjusted to include the parking lot on the upper portion of the property to be included in Parcel A with the restaurant. No new parcels are being created, nor are any new ownership rights being created. Neither parcel will fall below minimum size. The only property owners whose interests will be affected are the Griffins. In addition the two properties as presently described were acquired by the Griffins at different times. We appreciate your assistance in this matter. If you have any questions, or need additional information please do not hesitate to contact Richard L. Everstine. Very truly yours, HARTERT, MINCER, WILSON, EVERSTINE AND KEMP r /Richar.'. Everstine <f 3 Nov 2 1977 dl.a5C3 PAGE 170 • Recorded at L ,,��. o'F o fM., 1 S' OijJ .%'V / �' !l Reception No.. .�d�Gj-Y .� �/.:�itted Recorder. FILING STAMP • THIS DEED, Made this 20th day of October between NORMAN L. COOK , 1977 , of the County of Garfield and State of Colorado, of the first part, and JAMES E. GRIFFIN and ANN ELIZABETI GRIFFIN, 0055 'lel-Ray Road, Glenwood Springs 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 Dollars and other valuable consideration LICINBARS 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: An undivided one-half interest in and to Lot 5, Block 4, Mel -Ray Subdivision and the N1 of the 51/2 Lot 6, Block 4, Mel -Ray Subdivision, except any part; thereof lying within that certain tract of land described in Document No. 244024 recorded in Book 403 at Page 524, and described as follows: Beginning at the Southeast corner of Lot 7, thence N. 86°51'50" W. 70.72 feet along the Southerly line of said Lot 7; thence N. 01°52' E. 148.06 feet; thence S. 88°08' E. 70.72 feet to a point on the Easterly line of said Lot 6; thence S. 01°52' W. 149.63 feet along the Easterly line of said Lots 6 and 7 to the.6outheast corner of said Lot 7, the point of beginning. also known as street and number 0055 Mel -Ray Road, Glenwood Springs, Colorado TOGETHER with all and singular the hereditaments and appurtenances thereunto 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, with the hereditaments and appurtenances. TO SAVE AND TO IICLD the s -id premises above bargsined and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said pari, 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 estateiof 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 sante are free and clear from all former and other grants, bargains, sales, liens, tuxes, assessments and encumbrances of whatever kind or nature soever, except reservations and exceptions contained in United States Patent; taxes for the year 1977, due and payable in 1978, which grantees herein assume and agree to pay; and subject to deed of trust securing the payment of one promissory note to The First National Bank of Glenwood Springs, the unpaid principal balance of which the grantor herein shall pay as the same becomes due and payable, said deed of trust being recorded as Doc. No. 274684 in Book 489 at Page 51, and the above bargained premises in the 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 ..�.�✓��"+"`•-• -- [SEAL] NORMAN L. C00 [SEAL] j,f [SEAL] t) t v}, .•*MITE OF COLORADO lss. J T A n 'to -County of Garfield ))) heoforegoinF instrument was acknowledged before me this 28th day of November 19 77 4 4yy, (Ac¢a:ill Cook. \51Y �tvnmtsiop ,modirlairessiott WmMay 19 . Witness my hand and official seal. r r ; ftAYl arlrss 31, 1673 . Nol.rr Public No. 921A. WARRANTY DEED.—To Joint Tenants. -Bradford Publishing Co., 1524-46 Stout Street, Drover, Colorado —0-77 • •' Recorded at 3'. Reception No. _. IIIb 1)1:1':1), blade This 19 81, between SEP 219131 B� 580 r, -,E4.413 7 ecorrler. 27th day of July WESLEY A. BURKE and JUDITH ANN BURKE ofthe Countyof Garfield Colorado, of the first part, and and State of JAMES E. GRIFFIN and ANN ELIZABETH GRIFFIN r;1 �, 2 Urs! 76* rorry•e7revita whoselegaladdressis 0055 Mel -Rey Road, Glenwood Springs, Colorado 81601 of the County of Garfield and State of Colorado, of the second part: WITNESSETH, that the said part ies of the first part., for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration to the said parties of the first pact in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these piesents do grant, bargain, sell, convey and confirm unto the said parties of the 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 Gar field and State of Colorado, to wit: 1iialitafteC .'1n undivided one-half interest in and to Lot 5, Block 4; Mel -Ray SuL'division and the N1 of the Ell Lot 6, Block 4, Mel -Ray Subdivi sion, except any part thereof lying within that certain tract of land described in Document No. 244024 recorded in Book 403 at Pa 524, and described as follows: Beginning at the Southeast corne of Lot 7, thence N. 86°51'50" W. 70.72 feet along the Southerly line of said Lot 7; thence N. 01°52' E. 148.06 feet; thence S. 83°08' E. 70.72 feet to a point on the Easterly line of said Lot 6; thence S. 01°52' W. 149.63 feet along the Easterly line of said Lots 6 and 7 to the Southeast corner of said Lot 7, the point of beginning, also known as street and number 0055 Mel -Rey Road, Glenwood Springs, Colorado, 81601 TOGETHER with all and singuinr 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 pnrtieS of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. V'1) - e No. 768. WARRANTY nl:F.n—T., Joint Tenants. aradror,: Puthlixhintr Co.,IN'.`.444 Stmt Street, r4n„'er,Co.,rado— 6.77 %• BOOK 580 PAGE 440A TO HAVE AND T(1 1101.11 the ,said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their ht it's and assigns forever. And the said part ies of the first part, for them sel ves , rs, executors, and administrators, do 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. they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and l ha ve goad right full power and Lawful authority to grant, bargain, sell and convey the sante in manner and form aforesaid, and that the same are free and clear front all former and other grants, bargains,sales, liens, taxes,assts.cmtntsand inrumbrancesofwhatever kind ornnttire, socver, except reser- vations and exceptions contained in United States Patent; taxes for the year 1981, due and payable in 1982, which grantees herein assume and agree to pay and subject to deed of trust securing the payment of one promissory note to Norman L. Cook, the unpaid principal balance of which the grantees herein shall pay as the same becomes due and payable, said deed of trust being recorded in Book 503 at Page 171 and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part les of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WIIERI:111'. the said parties of the first part have hereunto set their hand S and seal S the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, County of Garfield The foregoing instrument was acknowledged before me this jy, 81,,by Wesley A. Burke and Judith Ann Burke Isley A:] Burk J ss. •'•,• dn; ibtpmissionexpires March 20 A•PUBL\G cOF CON 24th rR�- _SEAL) [SEA LJ day of August , 1985 . Witness my hand and official seal. ?CLL•4� Notary Public. 0 E. STATE OF COLORADO ss. County of PARFIEtfl I hereby certify that this instrument was filed for record in my office this day of �4 �' ,19 , atf_3 bo'clock P Nil., and duly recorded in Book Page Film No. Reception No. tst Send future tax statements to: • 590 e!i:E384 ocorcled cit 3:a ? hclocI, M.)I\N 1 1 1982 Recepticu No. 323551...MILDRED ALSDORF, RECORDER WARRANTY DEET) I P. 75, JAN 11 1982 'l6, ROBERT L. MASIAS and SPIT ;ILA MASIAS, whose address is 322 Park Drive, Glenwood Springs, CO 81601, of the County of Garfield and State of Colorado, grantors, for. TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hard paid, hereby sell and convey to JAMES E. GRIFFIN and ANN E. GRIFFIN, whose address is 0055 Mel Ray Roar], Glenwood Springs, CO 81601, of the County of Garfield and State of Colorado, grantees, in joint tenancy and not in tenancy in common, the following described real property situate in the County of Garfield and State of Colorado, to -wit: The West one-half (W1/2) Lots Six (6) and Seven (7), Block Four (4), Mel -Ray Subdivision. TO HAVE AND TO HOLD the same, together with all appurte- nances and privileges thereto belonging or in anywise thereto appertaining. Grantors warrant title to the same except and subject to governmental rules and regulations, U.S. Patent reservations and exceptions, easements and rights of way of record or situate and in use, terms and conditions of instru- ments recorded as Document Nos. 199836, 202896, and 288421 of the Garfield County, Colorado, records, respectively, Busi- ness Lease recorded as Document No. 309993 of the Garfield County, Colorado, records, rights of tenants in possession, general property taxes of a current nature, and subject to the lien of that certain deed of trust in favor of Emma White recorded as Document No. 267863 of the Garfield County( Colo- rado, records, which obligation grantors agree to remain responsible for and to pay according to its terms; provided, however, that upon payment in full of that certain promissory note hearing even date herewith secured by that certain second deed of trust !recorded in the office of the Clerk and Recorder of Garfield County, Colorado, i..imediately following the recordation of the within warranty deed) for the use of grantors covering the above described property, grantors shall cause said deed of trust in favor of Emma White to be paid in full and released. Signed this // -- day of January, A.D. 1982. STATE OF COLORADO )ss. COUNTY OF GARFIELD jedeg a Robert L. Masias The foregoing instrument was acknowledged before me this //r'' day of January, A.D. 1982, by ROBERT L. MASIAS and SHEILA MASIAS. Witness my hand and official seal. My commission expires: My eommReion lxaim !kf i, iv%! o Notary Public • /ham ` �4 address of Notary Public ,,....