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HomeMy WebLinkAbout1.0 Application41/ 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, J975, Section 1.02.17 (d) and 3.02.01 the undersigned respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of `fn --acre tract of land into tracts of approximately �, ;;j , �0�; ;J 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) 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: 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 (d) Statement on source of domestic water " i,r✓,.6k`e0.A-G7�' (e) Statement on method of sewage disposal ` y n7 (f) 100 year floodplain information where live stream crosses or adjoins said tract S -r; 1',d -r_, (g) Fee in the amount of $ Submitted at Glenwood Springs, Colorado, this j ' day of 'i 3 7-(/,._ 2771 0447,e� 19;147. Petitioner 'S-,/ 741 Cl /52c, SCJ Mailing Address 77(0 - (-2/// Telephone Number Recorded at Retool Mn No_ .. DEC o 2 j9a8.'1 ,i EMll TntsOOFF11. M t, Is 2nd day.•r W!ThRf N r'fAERTS between December :I of Ow l'onM.y of Garfield and state of CelerarM,otthe first part. and At1RIANA L. VAT1 LREUWEN dee. RDt)ORD7R'f STAMP ebb k die 0 —11 whnarlegalnddressis P.O. Box 1951, Glenwood Springs oft he Omni). of Garfield and 'tato of Colorado. of l he second port, W ITNESSETII. That the said pert y of t he first part, for and in consideration of the stint of Ten Dollars and Other Good and '/aluable Consideration - - t aILIftldt to the said part y of the first part in hand paid by t he said part y :,f the **rend part, the reeeipt whereof is hereby eonfesseo and acknowledged, ha8 remised, teleised, sold, conveyed and QUIT CLAIMED, and by throw presents do es refill .e, release, sell. convet and QI•IT CLAIM onto the said part y of the second part, her heirs, successors and *salons, forever, all the right. title, interest, claim and demand which the said part y of the first part ha 5 in and to the following described lot dr parcel of land situate, lying and being in the Cewnty of Garfield and State of Colorado. to wit: All that real property described on the attached Exhibit "A" annexed hereto ane made a part hereof by this reference. also known as street and number TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise ;hereunto appertaining, and all the estate, right. title. interest and claim whatsoever, of the said part y of the first part, either in law or equity, to the only proper use. benefit and behoof o' the said part y of the second part, her heirs and assigns forever. IN WITNESS WHE?EOF. The said part y of the first part haS hereunto set his hand and seal the day and year first above written. Signed. Sealed and Delivered in the Pre•-^nce of LA/WA/ _ ....J ("+i- Warren Roberts STATE OF COLORADO, 1 SS. County of Garfield The foregoing instrument was acknowledged before me this d ,nl/ day of December 19 83b? Warren Roberts. try fommisaion.tx$,ires 5 • .p -p -v • r f f')% , 19 . Witness my hand and official seal. JSEAL) _SEAL! N.iar r Public. / J /F74 r r..) No. 993.IBM C1.A,s DUD. Bradford esba.irias. *25 IV id Ars:. Laicowd.COMM214-t1e112!lssso - 2412 11* &'l natS12 EXHIBIT A A part of the Nwlawli of Section 18, Township S South,'Range 91 West of the e>th P.M. described as follows: Commencing at the intersection of the Southerly boundary line of the NwIISwis of said Section 18 wifbi the centerline of the existing county road; thence East along the Southerly boundary line of the NWISWil to the Sout.heaat corner of said NWASWIAt thence North 00.19' West 250•.00 feet along the Easterly boundary line of said NASA'; thence North 89.35'40" West along a line which is intended to be parallel to the Southerly boundary line of said NASWil to the intersec;-ion of such line with the center line of the exist- ing county road; thence generally South and West along said center line of said existing county road to the point of begin- ning. Together with an easement and right of way over, through and across the above parcel along an existing roadway as now con- structed and in place, to the extent that such existing roadway traverses any part of the above parcel hereinabove described. 0 N W -o 0 0 O 0 0 z 01 I �IO 0 z zo o -J - h - OIU p rnOQ 652.60' 0mCc 100.947 W.C. N 88°42' W O J z > 0Q z M W N 1 Jw0 W W 2 cn 2 O O 342.43 x, Qi tO N O o u-1 ao 74.0' 0 0 cn 81.90' PARCEL NO. 2 `fix 35,00 Acres 0 in 3 o / / ---- 0 0 / i r1Z 00 r-- / " Y r� - P/ARCEL N0.3 y NC. S 87 52' W ,`, 52.4 ACRES 1006.47 r // Ir I I t/ / _ - _ _ - / / O alt //ill/ - —1 o I/ z ,, (C1 i 4 1078. 77' 9 q 1273.46' SEC. 18 CENTER OF SECTIO S 89°48' 24" E 3960.00' 1279.74 28744-- 1340.13 T. 5 S:, R. 91 W, 6th xFrfi�,` •NV x N 89°35' E• x x X Prapo:.ed Access Road _ ro 1 0 PARCEL N0.4 4 0.74 ACRES 1343.27' N 89°35'4C N --- 5089.50' I0 0 O O 0 z x - 7 340.13' - Pr cper. ed 40.13'- E I,'4 Ccrner Section 18 PARCEL NO. 5 40.89 ACRES 1343.27' m 0 x 0 col rn 0 N to w S -o 0 0 0 z O 0 2 Z O O J Q au) � U 2 °SCO Q O cr 0 6 J 2 } rr ( G F- _ Lu Z Jw H O WW/ w••5 CA zlO 52 SO 10094' W.C. N 83042' w PARCEL NO. 2 35.00 Acrc'c LOT 4 W 0 — 8 r 9U X 55 M/' Sec. M -xSEC 18 CEN?Eh NWN� 3 Sw% 279.74 T. 5 S., R. NEIN 5w 0 r' M cI LC whit sw� 52.4 / r , sspar ACRES 273.46 .� x - x r: x- • --•-- - S 89 4824 E Vy, 6th "PM. t. E rPNtr Ro he r::11* fcr- b way Re 3960.00' 1340 Prrcose.1 Acccs-. PARCEL NO. 4 4C'.74 ACRES 43.:7 co O 0 0 0 5063.50' • X -- P;' RICHARD D. LAMM Governor r • DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 December 20, 1979 Mr. Ray Baldwin, Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Baldwin: Jeris A. Danielson Stat' Engine's- irso, DEC 2 6 1979 Re: Roberts Exemption We have reviewed the material submitted for the above referenced exemption application. The developer proposes to use wells for the water supply which would intercept ground water tributary to West Elk Creek at a point where there is still water available for appropriation. This office can issue individual domestic well permits to individual lot purchasers, and we recommend approval of the Roberts Exemption. Very truly yours, Hal D. Simpson, Chief Water Management Branch HDS/GDV/pjl cc: Lee Enewold, Div. Eng. Ralph Stallman Land Use Commission E.. ROBERTS 0 0 0 0 z 5348.89 `N 89°46' E N 89°29' E 532062' o zLO o L. SPAULDING I I W_ I °' I ° o I 0) re) o T. RYDEN �, C. 17 ac / •T // cc LOT a `r / 1•:� ►' 3 I/4 s O -/ NII/SE /4 I / / / NW I/4 SW 1/4 L. - M a/e(//////�/(///p B. L. n• M. B. S 89°23' E 5393.83 S 89°10 W 5318.2 N ,L, T. 5 S. N O 0 0 I ARMSTRONG-MARSF-:ALL ENGINEERING -SURVEYING SOILS TESTING I„= 400' 3-4-74 M. E. L. Kt L.G.M. AT >i .inr.t • JAN.- M AR, 1974 FOR FIRST COLORADO CORPORATION SHEET 3 of 5 JOB NUMBER 74035 LEGAL DESCRIPTION SECTION 17 A tract of land generally described as the NW 1/4 SWI/4 of Section 17, T 5 S., R 91 W., 6th P M. and more specifically described as fol lows: B@ginning at the NW Corner of Section 17, T. 5 S., R 91 W, 6th PM., the-tce S 00°19' E 2660.17 feet along the West boundary of said, Section to the true point of beginning (W I/4 Corner); thence N. 89°3' E. 1329.14 feet; thence S. 00°18 E. 1331.62 feet; thence S 89°4I W. 1328.77 to the West boundary of soid Section; thence N. 00°19 W 1330.08 feet along the West boundary of said Section to the true point of beginning. Said tract contains 40.60 acres more or less. Except all lode mining claims & easements. SECTION 18 A tract of land general I y described as N1/2 SEI/4, NE 1/4 SW 1/4, and Lots I, 2 and 3 of Section 18, T. 5 S, R, 91 W., 6th P M. Except the West 10 acres of Lot 1 and Except that part of said Lots 1, 2 and 3 of said Section lying West of the County Rood passing through said land; also Except that portion of the East 3/4 of Lot I., all as described in document No. 150942. Except all lode mining claims. This tract is more specifically described as fol lows: Beginning at a point on the centerline of the County Road which bears U 89°46.E. 446.69 feet from the NW Corner of Section 18, T 5 S., R. 91 W., 6th P M.; thence N. 89°46� E. 942.70 feet along the North boundary of said Section 18; 'thence S 00°19 E 2631 78 feet; thence S. 89°49t E 3960 feet to the East boundary of said Section 18, thence S 00°19 E 1330.08 feet; thence N 89°35' W. 5089.50feet to the centerline of the County Road; thence North along said centerline the fel owing 17 courses; N 22°06 E 2448 feet, thence N 08°48 E. 545.22 feet, thence N. 04°34' W. 239.93 feet; thence N. 09°09' W 291.99 feet, thence N 12°14' W. 186.29 feet, thence N.05°30 W. 1 i 764 feet; thence N. 09°37' feet; E. 282.84 thence N. 29°24 E 285.45 feet; thence N ;.°0 ' E 571.90 feet; thence N 11°20 W 33186 feet . thence N. 05°31' E. 175.83 feet; thenceN. 07°15 W. 248.42 feet; thence N. 17°35 W 167.71 feet, N. 04°50 E 131 23 feet; thence N. (3°29 E. 222.86 feet; thence N.11°56 W. 9Q85 feet, thence N. 01°46 W. 116.15 feet • the North boundary f)f said Sect ron 18 the pc ct of beginning. The side lines of the County Road ore extended or shortened sc .s tc terminate of the prope,ty :Ines with .r F7ste r R qht of Way of 50 feet from the above descri bed center line. The above described troct conto:ns 2C4 81 acres more or less. Recorded at Reception No. _ THIS DEED, Made this 2nd o'clock M , Recorder. day of July ,19 79 , between HAROLD R. HIGGINS and WILBERTA N. HIGGINS rr XX7tpof the County of and State o1`CXintlte first part, and WARREN ROBERTS whose legal address is 5174 Road 237, Silt, Colorado 81652 of the County of Garfield and State of Colorado, of the second part: WITNESSETH, That the said part 1esof the first part, for and in consideration of DOLLARS Ten Dollars to the said part ies oi the first part in hand paid by said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha 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 for- ever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: All of that real property as described on Exhibit A attached hereto and by reference made a part hereof. also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereto 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 part ies 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 the second part, his heirs and assigns forever. And the said part ies of the first part, for their el ves heirs, executors, and administrators, do covenant, grant, bargain, and agree to and with the said part y of the second part, hisheirs and assigns, that at the time of the ensealing and delivery of these presents, and is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and authority to grant, 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 grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind of naturesoever. Excepting, however general property taxes and special assessments for 1979, due and payable in 1980; reservations, rights of way and exceptions contained in U. S. patents, prior mineral reservations of record as described in Document No. 111128, Document No. 111129, Document No. 122231, Document No. 150942, Document No. 193668, Document No. 262067 of the Garfield County Records; easements and rights of way of public or private nature of record. 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 part les of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ies of the first part ha Ve hereunto set 4 eilh' d s and seal s the day and year first above written. STATE OF QShDO ( Californi County of Orange ss. ri OLD R. HIGGINS (/(/ '• 7 EAL) (SEAL) (SEAL) WILBERTA N..HIGGINS The foregoing instrument was acknowledged before me this 6th day of July 19 79 .by Harold R. Higgins and Wilberta N. Higgins My commission expires July 12 , 19 80 OFFICIAL SEAL A'JD^EY L. SMITH NOTARY PUBLIC - CALIFORNIA CRANGE CCUNTY My comm. expires JUL 12, 1980 . W.tness y hand and official seal. 11.A I() Notary 1'ublie. No. 932 WARRANTY DEED.—For Photographic Record—k 1978 Bradford Publishing Co., 7846 Stout 9tm ot. Denver, Coiorado(127S6011}-8.78 r`r 1 • • EXHIBIT A FOR ATTACHMENT TO WARRANTY DEED DATED JULY 2, 1979 FROM HAROLD R. HIGGINS and WILBERTA N. HIGGINS TO WARREN ROBERTS The NE4SE4 and NW4SE4 of Section 18, Township 5 South, Range 91 West of the 6th Principal Meridian. The NE4SW4 and a portion of the NW4SW4 (Lot 3) of Section 18, Township 5 South, Range 91 West of the 6th P.M., described as follows: Beginning at a point on the South line of said NW4SW% on the centerline of the County Road, which point is North 12°46' East a distance of 1341.14 feet from the Southwest Corner of Section 18, Township 5 South, Range 91 West of the 6th P.M.; thence along said centerline North 22°06' East 24.48 feet and North 08°48' East 544.87 feet to the Southwest corner of tract of land conveyed by deed recorded October 31, 1975, in Book 480 at page 240 as Reception No. 270051; thence leaving said centerline and along the South line of said tract conveyed by deed recorded in Book 480 at page 240, North 87°52' East 1033.70 feet to the East line of said NW4SW4; thence along said East line North 00°19' west 707.72 feet to the North line of said NE4SW4; thence along said North line South 89°48'24" East 1279.74 feet to the center of said Section 18; thence along the East line of said NE4SW4 South 00°02'54" East 1320.10 feet to the South line of said NE4SW1/4; thence along the South line of said NE4SW4 and NW4SW4 North 89°35'40" West 2402.96 feet to the point of beginning. Reserving unto first party a non-exclusive 30 foot roadway easement for access from a county road over and across the above described property, the centerline of which is described as follows: Beginning at a point in the County Road right of way which is North 14056'20" East 1463.66 feet from the Southwest Corner of said Section 18; thence along the centerline of said roadway North 28°57' East 355.8 feet; thence North 41°32' East 173.3 feet; thence South 56°19' East 238.2 feet; thence South 79°45' East 267.8 feet; thence South 81°20' East 301.7 feet; thence South 77°28' East 219.53 feet; thence North 20°21' East 260.85 feet; thence North 14°22' East 592.38 feet; thence South 85°03' East 141.23 feet; thence South 52°33' East 292.02 feet; thence South 61°24' East 461.83 feet; thence North 84°01' East 1064.66 feet; thence South 71°47' East 344.63 feet to the West line of NE4SE4 of Section 18 from whence the East 4 Corner of said Section 18 is North 00°10'58" West 613.36 feet and South 89°48'24" East 1340.13 feet. Also beginning at a point on the West boundary of said Parcel which is North 89°48'24" West 1340.13 feet and South 00°10'58" East 613.36 feet from the East 4 Corner of said Section 18; thence along the centerline of said roadway South 71°47' East 177.92 feet; thence North 10°09' West 257.24 feet; thence North 71°51' East 174.41 feet; thence North 28°14' East 385.92 feet; thence North 89°54' East 866.28 feet to the East line of NE4SE4 of Section 18 from whence the East 4 Corner of said Section 18 is North 00°19' West 15.5 feet. TOGETHER with one share of stock in The Farmers Irrigation Company.