HomeMy WebLinkAbout1.0 ApplicationBEFO
'HE BOARD OF COUNTY COMMISS-IOOS OF
GTRFIELD 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
land owner, Hugh E. Rankin respectfully
petitions the Board of County Commissioners of Garfield County, Colorado, to
exempt by resolution the division of 24.7 acre tract of land into Two
tracts of approximately 2.0 and 22.7
acres each, more or less, and
which tract to be subdivided is more particularly described as follows:
(legal description - attach separate sheet
if additional space is required)
( ATTACHED )
from the definitions of "subdivision" and "subdivision 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:
The adjoining land owner, Michael O'Leary, will be adding the 2.00 acre Parcel
to his present land lying to the North, cotaining 35 acres, described by Reception
No. 285990 of County Record.
In support of this petition, the petitioner also submits the following:
Attached
ft
N/A
N/A
N/A
(a) Map drawn to scale showing proposed
lot subdivision and access
(b) Copy of deed
(c) Vicinity Map
(d) Statement on source of domestic water
(e) Statement on method of sewage disposal
(f) 100 year floodplain information where
live stream crosses or adjoins said tract
(g) Fee in the amount of $ 52.00
Submitted at Glenwood Springs, Colorado, this day of , 19
Petitioner
P.O.Box 413
Mailing Address
Silt, Colo. 81652
876-2146 "
Telephone Number
EXEMPTION
NAME: itieltE. �ar k r1
PURPOSE OF EXEMPTION: Tot 'osier-- c� 2 acre �a�Ce o -P Ja,.j 1,
)1:5 oldsace+•` r -o pti 0 Wr e adS -ro a•, exisfi.. 25" acre-
S�a✓Cet acre. par -Gel w:11 rlo� 6 &; i"1 upo„, . C 2x1s1�✓ 1
Ra^ ek prop• is .2'Si.7QCreSe•ind 13e i)1,4- to a 02 acre. [�fCel a 2'.7acr2
ZONING: A
/ohm 1 �arce�
QUALIFICATION FOR S.B. 35 O A4Lail? ' o9 0.)r -00D. boue4Arits Were no
flaw CretAd.
LOCATION OF SITE: Sec.7 T55 RA)W ()l,tq fL & _A O k xi.
WATER: N�A
DIV. OF WATER RESOURCES RESPONSE: N,JN
SEWER: AJ/A
CHECK LIST:
X FEE PAID ($50 +1.00/acre for each parcel created under 35 acres)
)( MAP showing proposed lots and access
�( DEED
X VICINITY MAP
100 yr floodplain info.
SOIL MAP
GOk IF community water, letter of approval from governing body
COMMENTS: no 6.;U -S
-MA*
it "
Ter-wl:Xs W•)t 16'z iSSuei ac. /krcel
LL II �.�/.1
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'ham
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&30 = Cy.YL) I ,erN4C1: /40-
atymri
December 10, 1979
Hugh E. Rankin
P.O. Box 413
Silt, co. 81652
Garfield County Commissioners
Garfield County Courthouse
Glenwood Springs, CO. 81601
Dear Commissioners:
The adjoining land owner to the North, Mike O'Leary, wishes
to purchase a two acre parcel of land which will be added to
his 35 acre parcel of land. No structures are planned to be
constructed on this parcel.
Solar Country has been employed by Mike to perform the land
survey of this two acre parcel and I hereby authorize Solar
Country to handle the transaction required for the Exemption.
The Petition for Exemption is enclosed.
Your approval of this exemption will be appreciated.
Sincerely,
Hugh E. Rankin, land owner
DOB/dab
enclosure
cc Mike O'Leary
Solar Country
STATE
DEPARTMENT
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T`1 Iis1)1.:r:i , r,:,i.-ihs
day of -��-- 19 79 ,het rren
0:7.171T:!'. L. P.7,.= and 7.'::: ,., i'J:PRY, 2495 County P 3 241, ti ^a Castle, CO 81647
ofthe
County of Garfield
,FfI4),,Zi ti
who„e legal uddie-s is //ex =//_7
of the
..r/ 47; co,et
and State of Colorado, of the first part, and
/GSL
County of 6,94f/E,1.13 and State of Colorado, of the second part:
WITNESSETH, That the said part ies of the first part. for and in consideration of the num of
TEN ($10.00) DOLLARS,
to the said part i Ps ofthe first part in hand paid by the said part y of the second part, the receipt
whereof is hereby confessed and acknowledged, hu ve granted. bargained. sold and conveyed, and by these presents
do grant, bargain, sell, convey and confirm, unto the said part y of the second part, his
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being
in the County of Garfield and State of Colorado, to wit:
See ix.hibit A attached hereto and incorporated herein by reference_
AUG 1 4 1979
!Tel rrr;, axTkir F(f
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise
.appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the
estate, right, interest, claim and demand whatsoever of the said part 1P'S of the first part, either in law or equity.
of, in and to the above bargained premises, -with the hereditaments and appurtenances.
TO HAVE E AND TO HOLD the said premises above bargained and described, with the appurtenances unto the said
part y of the second part, hi heirs and assigns forever. And the said part les
ofthe Hist part- for them sel VeS, their heirs,executors, and administrators, do covenant,
grant, ±.argain arid ag-ree to and with the sad part 37 of the secondpart, his heirsand assigns,
that atIbe time ofthe ensealingand delivery ofthese present s 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 haVe good
right, full power and lasvfol authority to 'rant, bargain, sell and convey the same in manner and form as aforesaid, and
that the same are free and clear from all former and other 'rants, bargains, sales, liens, taxes, assessments and
encumbrances of whatever kind 07 -nature soever, except Ito general taxes for 1979, payable
in 1980; and subject to reservations contained in TlnitPr9 States Patent of
record and a right of way for a road which forms a portion of the westerly
boundary of the subject property_
wad the above bargained premises in the quiet and }xrceab}e possession of the saidrt
pa 37 of the second part,
h15
Fess and assigns, against all and every pe rscm or mesons laniull y claiming or to claim the whole
or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND.
IL\ lifTIN'ESS WHEREOF, The said .part ies of the first part have
Land S and seal S the day and year first above w, hien.
Signed, Sealod and Delivered in the Pa esenoe of
hereunto set t-iwir
SEAL)
)SEA LI
)SEAL)
Anile }� $32Zy
STATE OF CUI l
1,
Cuunty of
AD<�,
1-) 'LI
said
BARRY and NIE A. BARRY
, a Notary Public in and for
County, in the State aforesaid. do hereby certify that
CHESTER L.
who are personally known to me to be the
person S whose name s aresubscribed to the foregoing Deed. appeared before me this day in person and
acknowledged that they signed, sealed and delivered the said instrument of writing as
free and voluntary act and deed for the uses and purposes therein set forth.
Given under my hand and official seal, this 15 ' day of
cHr nps_sion ekpires
.
ro-
PU60' -,
oto
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WARRANTY DEED
STATE OF COLORADO,
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their
,19 7
that this instrument was filed
O
m
for record in my office this
o'clock_M., and duly recorded
e
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BYK 533 F r;=:I?4
of land situated in the St,': Section 7 of TOwnshiu 5
ca:ccl
Tinge h0 beet of the Sixth Princlpr,i meridian, and in
Sout` Sectic'n 12, Towrmhip 5 `out:: Rinne 51 S;_ -.t of the
r. Colo-
th Principal td_r•� of C:.r. i�:ld, cte of �
;�. digin, County
ratio, more particularly descril, as fo11c•w_.:
Beginning at a point which is common to Sections 7 and 18 of
said Township and Range, and common to Sections 12 and 13 of
Township 5 South and Range 91 West of the Sixth Principal Mer-
idian; thence N. 00"37'50" E. 109.82 feet along the line between
said Sections 7 and 12; thence N. 30°22'00" E. 294.00 feet along
the westerly right-of-way of an existing road; thence departing
from said right-of-way N. 27°16'21" W.- 43.64 feet along the center-
line of an existing road; thence N. 16'52'55" E. 20.25 feet along
said centerline; thence J7. 43'58'37" E. 78.66 feet; thence N. 32'.
00'46" E. 135.54 feet; thence N. 11'31'17" E. 33.97 feet; thence
N. 58'37'37" W. 22.89 feet; thence S. 63°54'38" W. 25.15 feet;
thence S. 44'00'56" W. 65.79 feet; thence S. 58°57'46" W. 37.17
feet; thence S..79136'18" W. 38.68 feet; thence -N.'79'27'24" W.-
221.98 feet; thence N_ 65'01'45" W. 54.85 feet; thence N. 50°11'31"
W. 61.46 feet whence:a witness corner lies N. 02'28'32" W. 51.43•
feet; thence departing from said centerline N.18°51'38" E.
672.84 feet to a rebar and cap on the. line common to Sections
7 and 12; 'thence 5.-77'0238.14 feet; thence S. .3.5".41:12"
E. 609.53 feet; thence S. 79'48'32" E. 610_.63 feet; thence S. 00'44'
50" W. 612.78 feet to a point on the line common to said Sections
7 and 16; thence alono said Section line S. 88"48'50" W. 1195.26_
feet to the point of beginning. Said parcel contains 24.70 acres,
more or less.
30 Foot Road Easement
a 30 foot strip of land situated in the SW; of Section 7, Town-
ship 5 South, Range 90 West of the Sixth Principal Meridian, and
in the SE: Section 12. To reship 5 South, Range 91 'est of the
Sixth -Principal Meridian, County of Garfield, State of Colorado.
More particularly described as 15 feet both sides of the
following described centerline;
•
Beginning at a point which lies' N. 22'24'10" E. 393.14 feet of
a point common to Sections 7 and 18 of said Township and
and common to Sections 12 and 13 of Township
o5nSotuth, Rangen91
is
gest of the Sixth Principal Meridian; P
on the westerly right-of-way of an existing road;.thence N. 27'
16'21" W. 43.64 feet;_ thence N. 18'52'55" E.-20.25 -feet; _thence
N. 43'58'37" E..78.66.feet; thence N. 32'00'46" E. 135.54 feet;
thence N. 11'31'17". E...33.97 feet; thence N.. 58'37'37" W. 22.89.
feet; thence S 63' 54' 38" .- W. 25. a5 feet;7 tfhenCetS. 4 S0' 76" 36. -'.
65.79 feet; thence S 56'57-'46"
18' W. 38.68 feet; thence N. -79'27'24" M. 221.98 feet; thence .
N. 65'01'45" W. 54.85 feet; thenceV.50'11'31" 1W. feet; feet,'
whence
whence a witness corner lies N. 02'28'32"`
lies N. 17'11'52" W. 687.50 feet of the corner common to Sections
7 and 18, Township 5 South, Range 90 West of the Sixth Principal
Meridian, and common to. Sections 12 and 13 in Township 5 South,
Range 91 West of the slxth Principal Meridian.
Recorded it !� ..... o'clock I1. Si., ..
Reception No.,.
JUN 5 197Q
)
.rt�.,, ..Recgrder.
lc2
if 629
THIS 'DEED, Made this 19th
day of May 19 78
i; . J,'.ici _..... t, .:cu t_l,_i Ccrol;; n Y„ `'.. net
husband and wife;,
a:.
Co::nt• ., F r . _ _. State i- o..l
Michael O'Leary', an unrnanied rnan,
.chose legal address rap. O. Box 2478, Aspen, Colorado 81611
of the County of Pitkin and State of
Colorado, of the second part:
S1R.1E DEC,,iiiIAiY FEL
r np0
WITNESSETH. That the said parties of the first part, for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration fig{
to the said parties of the first part in hand paid by said party of the second part, the receipt whereof is
hereby confessed and acknowledged, haVe granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns for-
ever, all the following described lot S or parcel of land, situate, lying and being in the
County of Garfield and State of Colorado, towit:A parcel of land situated in Lots
3 and 4, Section 7, 5,S R. 90 W.,6th P.M.arfield County, Colorado, co
six ng o approximately 35 Scres describe as oliows:
Beginning at a point whence the West Quarter Corner of Section 18 in said Town—
ship and Range bears:
S. 00°37'50" W. 3880.67 feet; thence N. 00037'50" E. 778.56 feet; thence
S. 89°57'30" E. 812.66 feet; thence S. 5g°08'00" E. 72.01 feet; thence
N. 03°21'00" E. 46.84 feet; thence S. 89u57'30" E. 460.18 feet; thence
S. 00'39'35" W. 1458.36 feet; thence N. 7$°48'32" W. 746.64 feet; thence
N. 35°41'12" W. 609.53 feet; thence N. 77'09'58" W. 238.14 feet to the point
of beginning.
Together with all ditch and water rights appurtenant thereto or used in connection
therewith, including, but not limited to, 1/5 of a cubic foot per second of water
out of the Barrett Ditch No. 1.
also known as street and number 2645 County Road 241, New Castle, Colorado
TOGETHER with all and singular the hereditaments and appurtenances thereto 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 pa -Kies of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the
said party of theq second part, his heirs and assigns forever. And the said part les of the first part,
for them selves tnehirs, executors, and administrators, do covenant, grant, bargain, and agree to and
with the said party of the second part, his heirs and assigns, that at the time of the enscaling 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 haVe good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner end form as aforesaid, and that the same are free and dear
from all former and other grants, bargains, sales, liens, taxes, assessments and cuances of whatever kind r
tunsoev r, except general and special assessment taxes fomnrr tie year 1918, due in
1979 and subsequent years, covenants, restrictions and reservations of record,
easements and rights—of—way of record or in use, existing zoning and regulations
in the use of the property imposed by law, and subject to a first deed of trust in
favor of Chester L. Barry and Anne A. Barry dated July 1, 1974, recorded in the
records of Garfield County, Colorado.
and the above bargained premises in the quiet and peaceable possession of the said party of the second part,
his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole
or any part thereof, the said partieS of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said partjes of the first part have hereunto set their bandS
and seals the day and year first above written.
i
STATE OF COLORADO, }II
eit7'and County of Denver
!p; Tileffor5gfgfgg instrument was acknowledged before me this 19th day of May
.494-'',1;),. iy(
Hichael Spence and Carolyn K. Spence, husband and wife.
t
t.A :'MS1y f•tWklO Non jpirea November 25
•`. j-�` — O 211-4,(4107,2 .4 LC .
._.............Not.rr Publc_. °L, `t
.,A. LOtu •
peice
Spencef�-,._..._.._..(SEAt)
(SEAL)
(SEAL)
, 1981 . Witness my hand and official seal.
No. 932. WAYH AN Tr ULFP.—For r► t.r..e►k a.a. N.—D r.4 erst P91.I i. kis/ co.. 152 u! 5too t 5..,..t, D....., cdorad. —677
Recorded at.
5-1' id o'clock A ? 1 1978 PAGE 963
r { _A,
_.Recorder.
11
. .rc
,_,.nmarr',-ici man, residing
cf the ;try -:.'
Colorado, of the first per, and H. Michael Spence and Carolyn
K. Spence, husband and wife, residing at 935 Monaco
Parkes y
of the City and County 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 ($10.00) and other good and valuable consideration
Denver and St:.to of
..AR 3 1.3o
AD¢5C
to the said partY of the first part in hand paid by the Bald parties of the second part, the receipt whereof L
hereby confessed and acknowledged, hag granted, bargained, sold and conveyed, and by these presents doe S
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 5 or parcel of land, situate, lying
and being in the
county of Garfield and State of Colorado, to wit:
of land situated
Lot
Ann 4, undivided40%7interest, . , a tenant
90 W. , 6th P.M., Gain common in a rfi ldlCounty, Colorado, con
3and4,
sisting of approximately 35 acres described as folows:
Beginning ata point whence the West Quarter Corner of Section 18 in said Townshi
ang Rance bear: nn E.
S. 89°°5V-30" E..81886667 feet; thence feet; thence S N5C�b083005 E. 727.01 feet;thence
N. 03°21'00" E. 46.84 feet; thence S. 89'57'30" E. 460.18 feet; thence
S. 00°39'35" W. 1458.36 feet; thence N. 79°48'32" W. 746.64 feet; thence
N. 35°41'12" W. 609.53 feet; thence N. 77°09'58" W. 238.14 feet to the point
of beginning.
Together with an undivided 40% interest in the following water and water rights
appurtenant
outthereto:
Ditch including, but not limited to, 1/5 of a cubic foot per second
f
Being the same property transfered to Bernard P. Katz from H. Michael Spence and
Carolyn K. Spence by deed dated May 31, 1977.
Together with all and singular the hereditaments and appurtenances, thereunto belonging, or in anywise appertaining
fits
of;
and the reversion and reversions, remainder and remainders, rents, iso tfiand rm part, either anises orall eest equity, right.
t.
title,interest, claim and demand whatsoever, of the said party the
eenant THave and To Hold aha said
and to the above bargained premises, with the hereditaments and apP
premises above bargained and described, with the appurtenances, unto the said Dart1e S of the second part,
their Beira and assigns forever,
And the said 1715 heirs, executors and
party of the first part, for him self
administrators, does covenant, grant, bargain and agree to and with the said part ies of the second part, their
heirs and assigns, the above bargained premises in the (Filet and peaceable posseasion of the said part lead 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, by, through or under the said part y of the fust part to Warrant and Forever Defend, except
general and special assessment taxes for the year 1977, due in 1978.
IN WITNESS WHEREOF, the said part Y of the first part ha S
and seal the day and year first above written. ,
Signed, Sealed and Delivered in the presence of
hereunto set his hand
t J [SEAL)
Bernard P. Katz—
[SEAL)
[REAL)
/ti .^rte I
'STATE OF COLORADO,
_ aa.
Sty a't1i --County of Denver
c```'' y, t . ' . t ent was acknowledged before me this .i9 day of
_"albs-foregoi l strum
, Y iry� ,$erile P. Katz, an unmarried 9m r►iv .
1 wit...., my hand and official seal.
mmisaion expires i3OU of S
'
Ems' IC E, \`
w'u-NOMIT _V.,_. Public t.ei
CONVENIENCE DEED — NO DOCUMENTARY STAMP RE.UIRED
NO. SLS. SPECIAL WARRANTY DEED TO JOINT TENANTS
—Bradford hNl.11- S Ce.. r*14.44 I' I . Drava.. e.a.ts > sa11) —1 -71
T S 9OW OF Til 4 727' /-.)M.
G F/E.z.� COvNT)', coiU.
LOT I
(Sec, 7)
(OOL. No. 285-990)
k
SC/ 25=
/"...:/001
SPRING TIE;
S. o 33 "00 "w.
876.4.00
REQHR wiTN VILLOLI/
su/l vE y c!J P SET
. No. S RE/3H.4 w/r/f R5-0
suRvFy (-09 P.L.S.7972
FOND /N PLAGE-
G
v.
CO
I
ti
Thi/S Su,gVE y wR S PRE P'ARe-r3 FROM THE Ey/S/7NG
CO K/✓ '775. FUUA/O /4/ PEASE , A S No TED Ail/D FiQOM
DESc.P/Pnon/ 7 17E5cR,5.eO !3/ A/UMBE-RS
bs9.9 AND 296527 As F/LED /A/
Ca<ORfJDo ,7EC°RC'S
rrir GARF/E7-n CuwNry,
ft RdT.e%
1579.4 0
44H P OF A
DD /9c- 2RCEL
OF L,9N 0
S/T/IF9TED /ii/
LOT 4 -
OF
SEC T/ ON 7
T. S S., /i 50 W O r THE 6 r' P. ^1
c R, 7ELD COUNT/, CO/ OA'ADO
vSNTL
GiSTEQ ."0
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6 Siaµ .. (
4:1)...4/4r* GF CCAS)‘
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DATE S1./if yED /2/79 OR.9FTED Bf Glp. /3, /2/79 FoR: M/KE OLFAR) ,rail No 790 43
•
V.U. LL.. l -3 I:v:` it 47L 2222
730 Mani Sit, Cole El G52
BOUNDARY DESCRIPTION:
A parcel of land situated in Lot 4 of Section 7, Township 5 South, Range 90 West
of the Sixth Principal Meridian, Garfield County, Colorado, also situated in a
parcel of land described by Reception No. 296527 as filed in the Garfield County,
Colorado records, lying Easterly of the Westerly line of said Section 7 and
Southwesterly of a line partially described by Reception No. 285990 as filed in
said County records, also being a line partially described by said Reception
No. 296527, said parcel of land is more fully described as follows:
Beginning at a point on the Westerly line of said Section 7, also being an
angle point of said described lines; whence the West Quarter Corner of Section
18 of said Township and Range bears: 5.00°37'50"W. 3880.67 feet; thence
S.77°09'58"E. 238.14 feet along said described lines; thence S.35°41'12"E.
along said described lines, 609.53 feet to a point in the center of a small
irrigation ditch as now constructed and in place; thence N.54°42'47"W. 721.82
feet to a point on the Westerly line of said Section 7; thence N.00°37'50"E.
along said Westerly line, 131.00 feet to the point of beginning, containing
.00 acres, more or less.
SUBJECT to County Road No. 241, also known as East Elk Creek, having a 60 foot
right-of-way width, being 30 feet on each side of the following described
centerline.
Beginning at a point whence the West Quarter Corner of said Section 18 bears:
S.08 34'10"W. 3519.40 feet, thence 5.30°22'00"W. along said centerline road,
59.47 feet to a point on the Southerly line of the above described parcel of
land, containing 0.08 acres, more or less.
December 10, 1979
SOLAR COUNTRY
P.O. Box 163
Silt, CO. 81652
STATE
DEPARTMENT ►
t` `L = r i1,.v '"
11 �_ .� ___, 6f,'".-.'1 f
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NEW
CC
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1 430 000 FEET 284
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