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Home My WebLink About1.0 Application• • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO 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 September 1, 1972 and amended April 14, 1975, Section 1.02.17 (d) and 3.02.01 the undersigned respectfully petitioners the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of off/ / %acre tract of land into ..g tracts of approximatelyc2,' - i/- 7 acres each, more or less, and which tract to be subdivided is more particularly described as follows: (legal description - attach senarate sheet if additional space is required) from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (a) -(d) and the Garfield County Subdivision Regulations, for the reasons stated below: Gec-tom/ y207.c. 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 E-xsr�Nc- (d) State on source of domestic water 4.,-e x ��tija (e) Statement on method of sewage disposal �e- (f) 10') year floodplain information where live stream crosses or adjoins said tract (g) Fee in the amount of $ 7 7/ eo (h) Evidence of the soil types Submitted at Glenwood Springs, Colorado, this c / day o , 19r0 . Petitioner .3J.1 / 5/L Mailing Address 9) - c ? 2 Telephone Number X IRR, HAY IB AC, I RR. PAST u RE 5AC, A A IRR HAY 35 A.C. RA 6E 18 AC.. OTHER LAND CFAreMS rEAD) 3 Ac, RO c -K j FOorHILLs 106E X X— >3 AC, IRR PAsrOn�lv (�l IRR, P RE u 8 AC. x 11 AC. IRR. PASTu E 1 3 AC. AWG 8 AC. MOuNIA IN SHAI..E G C. ROCKS FOoYHILLS G C. ISA NGE 6 AC PASTURE NAME: (4)1.-14f1;9r EXEMPTION PURPOSE OF EXEMPTION: Q==1. $' a4,4 3 X /32c .:.Q 76S R 9/ W ZONING: A/R/A.0 QUALIFICATION FOR S.B. 35 LOCATION OF SITE: 5 1r by44v00i4i4Vava 410N CF0. & 3) a. WATER: Adia DIV. OF WATER RESOURCES RESPONSE: /1�� SEWER: CHECK LIST: X\ FEE PAID ($50 +1.00/acre for each parcel created under 35 acres) }( MAP showing proposed lots and access DEED VICINITY MAP DU,k 100 yr floodplain info. i< SOIL MAP If/A IF community water, letter of approval from governing body COMMENTS: AO .� �� <IL(Amete4,44 / 9/7S a,v‘ao%4 1go °, II DISTRICT COURT, COUNTY OF GARFIELD, STATE OF COLORADO Case No. 80CV8 FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT ROBERT H. RAGLE, Plaintiff, v. GEORGE YULE, LIZZIE YULE, GENE R. HILTON & TRAVELER'S INDEMNITY CO., A Conn. Corp., And All Unknown Persons who Claim any Interest In The Subject Matter of this Action, Defendants. THIS MATTER having come before the Court for trial to the Court on the matters raised as between Plaintiff and Defendants Gene R. Hilton and Traveler's Indemnity Co. and the Court being fully advised in the premises, enters the following Findings of Fact, Conclusions of Law and Judgment. FINDINGS OF FACT Testimony and exhibits admitted at trial, as well as the stipulations of fact entered into evidence by the parties, establish that the disputed property lies in Garfield County, Colorado, along Garfield Creek. The common grantor to the property in question was one R. P. Coulter. By deed dated April 18, 1914, Coulter conveyed that portion of the NE4 of the SE; of Section 22, Township 6 South, Range 91 West, 6th P.M. to one Adam Blackwood lying north of the county road. A small parcel was reserved by Coulter as a way for stock to reach Garfield Creek for water. Sometime after the conveyance, the county road was relocated to the south of the then -existing county road. By deed dated November 2, 1915, Coulter deeded the strip for the new road. The title to the old county road was never vacated. No evidence was admitted as to when the new road came into actual use. The evidence does support a finding and it is unargued that the new road came into use sometime before the early 1920's. In 1927, Coulter conveyed the remainder of his property to L. H. Coulter, I. D. Coulter and H. A. Coulter, excepting out the tract of land previously conveyed to Blackwood which was referred to as containing 13 acres. It is through that conveyance that Plaintiff relies as the successor to legal title to the property in dispute here. After Blackwood's death, his parcel was conveyed to H. A. Dick, with a reference that the parcel contained 25 acres more or less. The Blackwood parcel was subsequently sold for delinquent taxes and a Treasurer's Deed was executed, describing the property as lying in the NEQ of the SE4 north of the county road and containing 25 acres. It is through succession in interest to the property conveyed by this deed that Defendants assert legal title. It is stipulated by the parties that the NE1 of the SE4 of Section 22 contains 39.63 acres more or less and that 26.6 acres lie north of the present road. The Garfield County Assessor's records indicated that in 1913, Coult= warms assessed on 400 acres, in 1914 and 1915, he was assessed o 275 - res, and that in 1915, Blackwood was assessed on 25 acres. These acreage breakdowns have continued until 1980. It is further undisputed that Defendants and their predecessors have paid the taxes on the disputed parcel for more than seven years. Testimony establishes that Coulter and those claiming under him, including Plaintiff, have used the disputed parcel in their ranching operations, running cattle and producing hay up to the time of this action. At no time has anyone claiming under Blackwood used the parcel in question. The only entry onto the property by Defendants or their predecessors was in 1980, when Mr. Hilton moved a piece of farm machinery owned by Plaintiff from the disputed property. CONCLUSIONS OF LAW Plaintiff and Defendants each claim paramount legal title based on the chains of title referred to as the Coulter and Blackwood chains. Defendants argue that whatever legal title was held by others was cut off by the execution of the Treasurer's Deed to the 25 acres north of the county road. The Court concludes that the issuance of the Treasurer's Deed does in fact create paramount legal title in the Defendants to that part of the parcel located in the NE4 of the SE4. See Harrison v. Everette, 135 Colo. 55, 308 P.2d 216 (1957). The Court notes that about one-half of the parcel in question lies in the NWQ of the SE4 and that as to that property, Plaintiff's legal title is paramount. From the evidence, it is established that Plaintiff and his predecessors exclusively possessed the parcel for more than eighteen years under a claim of right and that the possession was open, notorious and hostile as to that portion of the property lyingi k h N7›,ivf the SEQ and that title has been acquired by him b4advance pssession. WHEREFORE-, IT IS ORDERED, ADJUDGED AND DECREED that judgment enter for the Plaintiff and against Defendants on Plaintiff's complaint and that title to the property in question be quieted in Plaintiff. IT IS FURTHER ORDERED that judgment enter for Plaintiff and against Defendants on the counterclaim. IT IS FURTHER ORDERED that Plaintiff be awarded his costs in this action. Dated this //%%f day of October, 1981. BY THE COURT: THOMAS W. OSSOLA, District Judge Cort j . IM Yoro goin8 was !nail;ri i fic c3 J Counsel of Record:: day o fc 1 Colorado Form No. CO -42 Revised March 1961 Robert Ragle New Castle, Colorado CONSERVATION PLAN MAP and SOIL AND CAPABILITY MAP LEGEND SHEET UNITED STATES DEPARTMENT OF AGRICULTURE Soil Conservation Service Colorado Different kinds of soil, range sites, -or woodland sites are separated on the map by solid black lines. Within each area is an identifying symbol or name. The following symbols are shown on your map. Capability Symbol or Site NameClassification Generalized Descriptions (Detailed descriptions are available in your Soil Conservation Service office.) X22 -E Deep Loam VII Dark brown shallow to medium depth stony loam, underlain from 5 to 36 inches by basalt, sandstone, or shale. Has moderate water intake rate and holding capacity. Usually on_steep._slopes..�__.._.. X25 -E VI Mixture of dark brown medium depth to shallow stony limy loam soils, underliin tt from 10 to 36 inches by basalt sandstone j or shale. Has moderate water intake rate / and holding capacity. ___._____—/ 45-D IV Deep dark brown loam soil over clay loam subsoil. Takes and holds water well; tills easily. 70-C,D III Deep dark brown silt loam soil. Clay loam subsoil; good water intake rate and holding capacity; silt pan may form if tilled while wet. 80-E Brushy Loam VI Deep very dark brown silt loam with clay loam subsoil; has excellent water intake rate and holding capacity; tills easily; silt content causes silt pan if tilled while wet; has thick topsoil. 46-D Mountain IV Deep dark brown clay loam soil; has moder- Shale ate water intake rate and holding capacity. Compacts easily if worked or tilled while wet. 5, L -19-247-1(2) oro. scs rcwi,. „a. ,., M. '351 R Roads STANDARD MAP SYMBOLS UNITED STATES DEPARTMENT OF AGRICULTURE Soil Conservation Service COLORADO ✓ ✓✓ Good motor Rock outcrop ✓/ Fence —x—x— Poor motor or private .side of ditch, etc Gravel ;$, Trail Chert fragments p�4 Shelterbelt a * M • Clay spot X Stream bank protection.. £ ■ a Bedrock escarpment 77- i W Dike or levee -H4+444+ Railroads Buildings School Church Gravel pit, open mine, or quarry Farm, ranch, or other operations boundary F 4 Gumbo or scabby spot 1� Field or land use boundary Land capability, range,.or woodland site boundary Range condition boundary Range condition EC, GC, FC, PC Farmstead Field number Field acreage H 320 Ac. WILDLIFE Special purpose plantings (label) Tent site Trailer site Picnic shelter Small recreation area (label as to type) .w.scs-wNn.a.. enc. ins M-4206 O TENNIS Pipeline HI -11-4 Sand spot Flume or syphon -y->--)— Gully Ww ► CANAL .—• Canal (label) CANAL Made land r Irrigation ditch y—,.. Blowout V Lake or Pond Pickup ditch Permanent Water Diversion -o-=r Intermittent Water Drainage Ditch (open drain) Wet spot or Pot Hole �l/ • Closed or tile drain 0 ` 0 M arsh area or .wig, Spot Spring O-� Terrace it ` Dam and reservoir =i Vegetative waterway ...,1=7-____=.=_.• Stock pond, tank orQ Division box or turnout.. • charco Spring development Q.► Diversion or spreader ■ '_ dam h -- Spring and trough Check dam or gully Trough ` plug DILL Drop structure Well (label) • Windmill FLB 934 Rev. 6-79 5(1- APR 24 1980 _ BOOK 54'." PaGE4` 6 `eccrded 3 ..ti ' Accept jolt NI; °__ �'��? Nildre LAlsdorf Recorded' PARTIAL RELEASE OF REAL ESTATE MORTGAGE For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt whereof is hereby acknowledged, the Federal Land Bank of Wichita, Wichita, Kansas, a corporation, (hereinafter referred to as the Bank) does hereby release and discharge the following described real estate situated in Garfield County, State of Colorado , to -wit: SEE EXHIBIT "A" from the lien of that certain real estate mortgage dated the 29th day of September executed by Robert H. Ragle and Velma E. Ragle, his wife 1976 as mortgagor(s), in favor of the Bank, as mortgagee, which said mortgage is recorded in Book 489 at Page 147 _, of the mortgage records of said County. Provided, however, and it is expressly agreed and understood, that the lien of said mort- gage is hereby retained upon all of the other property covered thereby, not specifically described herein; and that the execution of this partial release shall not affect, in any manner, the validity or priority of said mortgage as a lien upon such other property. WITNESS the signature of The Federal Land Bank of Wichita by the below named Federal Land Bank Association, a corporation, its Attorney -in -Fact. April 18, Assistant Secretary STATE OF Colorado 19 80 THE FEDERAL LAND BANK ASSOCIATION OF GRAND ,JUNCTION A CORPORATION, AS ATTORNEY-IN-FACT FOR THE FEDERAL D BANK OF WICHITA, A CORPORATION By. ACKNOWLEDGMENT , COUNTY OF Mesa , SS. President The foregoing,instrument was acknowledged before me this 18th day of April , 19 $O , by n President of the Federal Land Bank Association of Grand Junction , a Fe orally,-than2r4o oration, on behalf of such corporation, as Attorney -in -Fact for The Federal Land Bank of Wichita, a Federally -Chartered o ioration.1/ • ' 1yOTAa?-• : b v� 0 u',,,,'• P U,B 1. -ti' :' q . ; Nit oglriiiSsibii�l`tment) Expires. July 7, 1982 • •U EXHIBIT "A" BOOK 547 PAGE427 .A parcel of land, pu`t of the Ragle property, s tuated between the abandoned county goad and the existing count. road in the SES Section 22, Township 6 South, Range 91 West of the Sixth •.Principal Meridian, Garfield County, Colorado, more particularly described as follows: Commencing at a rock found in place and properly marked for the S.E. Corner of said Section 22, thence N. 42°07'07" W. 3461.25 feet to a rebar and cap on the East-West centerline of said Section 22 and the North right-of-way of the existing county road, the True Point of Beginning; thence N. 88.39'18" E., along said East-West centerline of Section 22,962.22 feet to the N.W. Corner of the NEhSEh Section 22., a rebar and cap; thence continuing along said East-West centerline N. 88°39'18" E. 21.58' to an existing fence as constructed and in place along the North side of the old county road; thence leaving said East-West centerline S. 23°10' 10" E. along said fence line 409.95 feet; thence along said fence line S. 50°35'23" E. 203.30 feet; thence along said fence line S. 81°37'47" E. 277.16 feet; thence along said fence line S. 50° 46'13" E. 187.59 feet; thence along said fence line S. 51°28'22" E. 245.62 feet; thence along said fence line N. 83°54'18" E. 189.36 feet; thence leaving said fence line N. 00.37'22" W. along a livestock access to Baldy Creek (Document No. 49409) 219.16 feet to a rebar and cap; thence N. 89°22'38" E. 200.00 feet to the East line of said SES Section 22, a rebar and cap; thence S. 00.37'22" E. along said East line 200.00 feet to said fence line; thence S. 00°37'22" E. along said East line 117.75 feet to the North right-of-way of the existing county road; thence leaving said East line N. 87°27'17" W. along said North right-of-way 1581.06 feet; thence along said North right-of-way N. 66°42'17" W. 194.63 feet; thence along said North right-of-way N. 36°57'17" W. 905.95 feet to a rebar and cap on the North line of said SES Section 22, the True Point of Beginning; containing 21.8731 acres more or less. z , TOGETHER WITH: A parcel of land, part of the Ragle Property, situated in the NW'L SFE Section 22, Township 6 South, Range 91 West of the Sixth Principal Meridian, more particularly described as follows: Ccrnnencing at a rock properly marked and found in place for the Southeast Corner of said Section 22; thence 'N. 46°26'08" W. 3712.79 feet to the center of said Section 22, the True Point of Beginning; thence N. 88°39'18" E. along the Fast -West centerline of said Section 22 319.84 feet to the Westerly right-of-way of the ,?xi,ting Garfield Creek County Road; thence S. 36°57'17" F. along said Westerly right-of-way 296.52 feet; thence leaving said Westerly right-of-way S. 88°39'18" W. 493.29 feet to the North- South centerline of said Section 22; thence N. 01°09'16" W. along ,paid North-South centerline 241.07 feet to the True Point of Beginning; containing 2.2500 acres, riore or less. Basis of bearing is S. 00°37'22" E. along the East line of said SE Section 22, a Geodetic Azimuth obtained by field ties to U.S.C. & G.S. Station "Castle" and U.S.G.S. Station "Horse Mountain". Courses along the right-of-way of the existing county road are taken from the survey made by P.C. Thurmond, C.E. (Map No. 54, Road Book No. 3), rotated -00°17'17" to conform to physical evidence. • • `900 32 0 Rip GRANDE Lam --'-- 00 1/ 681--1 Il� u6 71 1 ;. 660-0 5-865' I'o i, 0 6 # a n it II l II —� m,n �u 1—- \ 111 0 ti 6400._. -- 1 _ _ % t' �=--.--Z.7-- "i-�� 1 _ lel `I r. ----''1-":-_ ------=C1:-- Ste-. _ u n 6600 , /09 it • 6 �\ til /I-%'-�`-.�. �l,�l �' 6`00. i ,ajz l II � Q 'y Q' 6600 x"6725 • \1 18SON GULCH. 280 4 462 1 NE 'GALE 1:24000 281 32'30" 282 283000m.E. INTERIOR—GEOLOGICAL SURVEY. WASHINGTON.O • 1 MILE ROAD CLASSIFICATION