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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, Sections 1.02.17(d) and
3.02.01, the undersigned Sievers Ranch & Development Corporation, A Colorado
Corporation,
respectfully petitions the Board of County Commissioners of Garfield
County, Colorado, to exempt by resolution 5.97 Ars loratpd_ in Lot 18
of Section 12, Township 7 South, Range 89 West. as described in Exhibit A,
more fully hereinafter described, 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: See attached addendum.
Submitted at Glenwood Springs, Colorado, this day
of , 19
Petitioner
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PETITION FOR EXEMPTION Page 2
ADDENDUM
1. Sale of a single parcel of land which the purchasers intend
to use for a single family dwelling. This land parcel is
not a part of any plan to develop or change the use of the
remaining 635 acres.
2. There is an existing roadway providing access to the
property and the deed will provide easement or right of way
on the existing road.
3. Water supply for single family dwelling can be supplied by
means of a shallow well, many such wells are located in the
immeidate area.
4. In the event that a satisfactory well for domestic water
cannot be developed the deed will authorize a 3/4 inch tap
on a spring located on adjacent property of the seller.
5. Sewer services can be supplied by means of a septic system.
Permit for which will be applied for.
6. In the event percolation tests indicate unsatisfactory soil
characteristics which would interfere with the ground water
table, a self contained aerobic system can be installed.
,rtions of this form
the Colorado Real
_ommission (SC 27-7-71)
For use in sale of
IIICIFIC PERFORMANCE CONTRA* VACANT LAND ONLY
May 24 ,19_76
RECEIVED FROM J. Rudd Pyles & Lavone Knutzen Pyles, Husband f_ Wi f Purchaser (as joint tenants'),
the sum of $ 4,000.00 , in the form of personal check to be held by Fender Realty
broker, in his escrow or trustee account, as earnest money and part payment for the following described real estate situate in the
County of Garfield , Colorado, to -wit: A tract of land in Lot 18 of
Sec. 12, T7S, R89W of the 6th P.M. containing approx. 5.27 acres. See attached EXHIBIT A.
with all easements and rights of way appurtenant -thereto, which property purchaser agrees to buy upon the following terms and conditions for the purchase price of
$40,000.00 payable as follows: $_114"4_000 .00 , hereby receipted for, $ 36,000.00 cash or. certified
funds plus customary closing costs upon delivery of General Warranty Deed.
Price to include: 3/4 inch tap on spring located on Sellers property adjoining and Southerly of said
property for domestic use only.
1. Arr abrstract of-titte-tozaid property-eertifred to -deter er-a current commitment for title insurance policy in an amount equal to the purchase price, at seller's
option -end expense, shall be furnished the purchaser on or before Ju 1 y 30 19 76 If seller elects to furnish said title
insurance commitment, seller will deliver the title insurance policy to purchaser after closing and pay the premium thereon.
2. Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with the other terms and conditions hereunder by
purchaser, the seller shall execute and deliver a good and sufficient general warranty deed to said purchaser on
Auqus t 21 19 76 or, by mutual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general taxes for 19 76 ,
payable January 1, 19 77 , and except none
free and clear of all liens for special improvements now installed, whether assessed or not; and free and clear of all liens and encumbrances except:
and except easement for: those of record
and subject to building and zoning regulations and the following restrictive covenants: a 1 1 1 Oca 1 , state and federal 1 and use 1 aWs .
3. General taxes for 19 76 , (based on 19 75 levy and 19 75 assessment), prepaid rents, interest on encumbrances, if any, and
shall be apportioned to date of delivery of deed.
4. The hour and place of closing shall be as designated by Fender Realty and United International, Inc.
5. Possession of premises shall be delivered to purchaser on delivery of deed
subject to the following leases or tenancies: none
6. In the event the premises are substantially damaged by fire, flood or other casualty between the date of this agreement and the date of possession or the date
delivery of deed, whichever shall be earlier, this agreement may, at the option of the purchaser herein, be declared null and void and any deposit herein made shall
immediately returned to purchaser.
7. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered, or performed by either the seller or purchaser as
:rein provided, then this contract, at the option of the party who is not in default, may be terminated by such party, in which case the non -defaulting party may
cover such damages as may be proper. In the event of such default by the seller, and the purchaser elects to treat the contract as terminated, then all payments
ade hereon shall be returned to the purchaser. In the event of such default by the purchaser, and the seller elects to treat the contract as terminated, then all
yments made hereunder shall be forfeited and retained on behalf of the seller. In the event, however, the non -defaulting party elects to treat this contract as being
full force and effect, then nothing herein shall be construed to prevent its specific performance.
8. In the event the seller fails to approve this instrument in writing within May 31, 1 97cays from the date hereof, or if title is not merchantable and
ritten notice of defects is given to the seller or agent within the time herein provided for delivery of deed and shall not be rendered merchantable within 60 days
ter such written notice, then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from all obligations
reunder and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract, if any, to seller; provided, however, that in lieu
correcting such defects, seller may, within said 60 days, obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the
:le to be free from such defects and seller shall pay full premium for such Title Insurance Policy.
9. Additional Provisions: This contract is contingent upon purchaser obtaining a written conventional loan
ommittment in the amount of approx. $30,000.00 on or before August 21, 1976, or waive this
ondition.
his contract is alos conditional on Garfield County giving written approval permiting a single
amily residence on said tract and also exempting the subject land from Senate Bill 35.
10. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and shall inure to the benefit of the heirs, succes-
s and assigns of said parties.
rike if not a licable.
z- y "
chaser, J. Rudd .less Date Agent:
cherLavone Knu en-ry i es / Date , _ y'
ler approves the above contract this V day of v 19 and agrees to pay a commission of /e) %
the gross sales price for services in this transaction, and agrees that, in the event of forfeiture of payments made by purchaser, such payments shall be divided
ween the seller's broker and the seller, one half thereof to said broker, but not to exceed the commission, and the balance to the seller.
avers Ranch Development Co.
Lee Holmes Seller President,
Helen H. Bond
chaser's Address P.O. Box 15060 Aspen, CO 81611 925-2200
er's Address
m SC 27-7-71
Seller Sec. Treas.
5767 S. Rapp, Littleton, CO 80120
PROIIIIIONAL FUSLIININO CORP.. 1112 PAUL DRIVS, SAN RA/ASL. CALIFORNIA 54001
r - U�
Inc
The printed portions of this form
approved by the Colorado Real ,
Estate Commission (CP -40-7-71)
COUNTER PROPOSAL
RE: Proposed Contract for the purchase of property described as:
A tract of land in Lot 18 of Section 12, T7S, R89W of the 6th P.M. containing 5. 17
acres. 4 /10,tI 7
Together with access for ingress and egress along the present roadway, C,
J.N2 3,dv•�•
situated in the County of Garfield Colorado, dated May 24
19 76 , between Sievers Ranch Development Co. as Owners
and J. Rudd Pyles and Lavone Knutzen Plyes. husband & wife as Purchasers.
The undersigned Owner(s) accept(s) said proposed contract, subject to the following amendments:
The selling price shall be $42,000.00
Price to include a 3/4 inch tap on spring located on seller's property adjoining and Southerly
of said property for domestic use only to include a minimum of 5 gal per minute of potable water.
This to be in effect only in the event the buyers fail to secure an adequate well for domestic
use after drilling a minimum of 100 ft. To include 5 gal per minute of potable water.
Additional Provisions:
Said loan, or waiver of condition, shall be obtained in writing on or before July 30, 1976.
Seller shall furnish buyer a signed statement constituting an exemption from Senate Bill 35 no
later than July 1, 1976.
The closing date shall be as soon as possible but in no event shall it be later than August 21,
1976.
Survey of existing road presently being used to said property for ingress and egress to be
shared equally by purchasers and sellers up to a maximum of $250.00 each. Survey to be completed
15 days after financial committment given to Purchaser.
Purchasersagree to pay a pro -rated share of road maintenance according to a mutual agreementof
road users at time of said maintenance.
,Utility easement to be allowed at the
beginning of approximately the South West corner of Lot 6, thus Northerly, following the West
boundary fence to property being purchased under said contract.
Sellers agree to have spring water tested and a potable report by July 30, 1976.
All other terms and conditions to remain the same. If this counter proposal is accepted by Purchaser, as evidenced by
Purchaser's signature hereon, on or before June ►( , 19 76 , the said proposed contract, as
amended hereby, shall become a contract between the parties.
ender Realty
2
41-//
�Z
Broker
1
going counter proposal is accepted this 3 day of J!lnP
United International, Inc.
Broker
Owner
Owner
//4 chaser
Purcha
7:7
, 19_16.
Form CP -40-7-71 PROFESSIONAL PUBLISHING CORP., 55 MITCHELL BOULEVARD, SAN RAFAEL, CALIFORNIA 94903
A ,
PUBUSIIMIG
CORpootanos
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TO BE ATTACHED TO AND BECOME A PART.OF SPECIFIC PERFORMANCE CONTRACT, VACANT LAND,
DATED MAY 24, 1976 BETWEEN J. RUDD PYLES & LAVONE KNUTZEN PYLES BUYERS AND
THE SIEVERS RANCH & DEVELOPMENT COMPANY SELLERS.
EXHIBIT A.
Legal Description: A tract of land s'ituated in Lot 18 of Section 12, Township 7
South, Range 89 West of the 6th Principal Meridian lying southwesterly of the
centerline of the Roaring Fork River and northeasterly of the southerly and
westerly lines of said Lot 18, said tract being described as follows:
Beginning at a point in the center of said river, said point being on the
southerly line of said Lot 18, whence a brass cap found in place and properly
marked for the soqheast corner of said Section 12 bears S. 25°49'53" E. 811.45
feet; thence S. 89 12'51" W. 500.00 feet along the southerly line of said Lot
18 to the southwest corner of said Lot 18; thence N. 00°04'00" W. 1097.29 ft. along
the westerly line of said Lot 18 to a point in the center of said river thence
S. 22°11'50" E. 38.17 feet along the center of said river; thence S. 29x11'47"
E. 548.58 feet along the center of said river; thence S. 28°19'57' E. 219.41
feet along the center of said river; thence S. 16°43'17" E. 400.00 feet along
the center of said river to a point on the southerly line of said Lot 18, the
point of beginning, and containing 7.042 acres, more or less.
Less a tract of land described as follows:
Beginning at a point on the westerly line of said Lot 18 whence the southwest
corner of said Lot 18 bears South 00°04'00" East 560 feet, and a brass cap
found in place and properly marked for the southeast corner of said Section
12 bears South 00°04'00" East 560 feet, North 89°12'51" East 500.00 feet and
South 25°49'53" East 811.45 feet; thence,North 00°04'00" West 537.29 feet along
the westerly line of said Lot 18 to the center of the Roaring Fork River;
thence S. 22011'50" East 38.17 feet along the center of said river; thence S.
29°11'47" East 548.58 feet along the center of said river; thence South 28°19'57"
East 21.66 feet along the center of said river, and thence South 89012'51" West
291.70 feet to a point on the westerly line of said Lot 18, the point of
beginning, and containing 1.771 acres, more or less.
Together with an easement or right of way over, through and across the lands of
the grantor for ingress and egress for road and utility line along the present
roadway and the westerly line of Lots 18 and 25, Section 12, T7S, R89W of the
6th P.M.
1tet:U &ICU aL ... u (IOC!,
• Rct option No
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I r-.
itis DEED, ,llade this
24t11 day of
April in the year of our Lord one
thousand nine hundred and sixty-nine , between
TIIE SIEVERS I\ A;vTCI1 I AND DEVELOPMENT
a corporation duly organizes anu existing under and by virtue of the laws
of the State of Colorado, of the first part, and
- NEIL S. MINCER
of the County of Garfield
of Colorado, of the second part,
1; i'.'NESSETI1, That the said party of the first part, for and in
consideration of the sum of
One Dollar and other good and valuable consideration,
Recorder.
XD NE 'RZX
to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is
hereby confessed and acknowledged, hath remised, released, sold, conveyed and QUIT CLAIMED, and by these pres-
ents doth remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, his
heirs and assigns forever, all the right, title, interest, claim and demand which the said party of the first part hath
in and to the following described real property situate, lying and being in the
County of Garfield and State of Colorado, to -wit:
A tract of land situated in Lot 18 of Section 12, Township 7 South,
ii flange 89 West of the 6th Principal Meridian lying southwesterly of the
centerline of the Roaring Fork River and northeasterly of the southerly and
westerly line of said Lot 18, said tract being described as follows
Beginning at a point on the westerly line of said Lot 18 whence the
Southwest corner of said Lot 18 bears South 00°04'00" East 560 feet, and a
I' -
brass cap found in place and properly marked for the southeast corner of
said Section 12 bears South 00°04'00" East 560 feet, North 89°12'51" East
500.00 feet and South 25°49'53" East 811.45 feet; thence North 00°04'00" West
537.29 feet along the westerly line of said Lot 18 to the center of the Roaring
Fork River; thence South 22°11'50" East 38.17 feet along the center of said
river; thence S. 29°11'47" East 548..58 feet along the center of said river;
ji thence South 28°19'57" East 21.66 feet along the center of said river, and
thence South 89°12'51" West 291.70 feet to a point on the westerly line of said
11 Lot 18, the point of beginning, and containing 1. 771 acres, more or less. —
Together with an easement or right-of-way over, through and across
the lands of the grantor for ingress and egress for road and utility line
along the present roadway and the westerly line of Lots 18 and 25, Section
12, Tp. 7 South, Range 89 West of the 6th P.M.
Ii
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!! Secretary.
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TO HAVE AND TO IIOLI) the same, together with all and singular the appurtenances and privileges thereunto
belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever; of the
:,nid party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party
of the : cured l :u L, 1JJ a hemi and nasi{;nes forever..
IN 1V1'I'NESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto
subscribed by its President, and its corporate seal to be hereunto uffixed, attested by its
Secretary, the day and year first above written.
Attest:
THE SIEVERS RANCH AND
DEVELOPMENT COMPANY
By President.
STATE OF COLORADO
ss.
County of
The foregoing instrument was acknowledged before me this
::s69 , by LEE HOLMES
day of
as
HELEN H. BOND as
THE SIEVERS RANCH AND DEVELOPMENT COMPANY,
My notarial commission expires
Witness my hand and official seal
It
it
tl
11 .
President and
Secretary of
a corporation.
Notary Public.
No. 108-B. QUIT CLAIM DEED.—Corporation Form—Bradford-Robinson Printing Company, 1824-48 Stout Street, Denver, Colorado
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