HomeMy WebLinkAbout1.0 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 under-
signed
respectfully petitions the Board of County Commissioners of Garfield County,
Colorado, to exempt by resolution the division of /1. 7 acre tract of
land into ®Z-- tracts of approximately c�• $S 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:
A;t4rzA.c)-6 jr-ic4rrLe—e.e_ 41-0
In support of this petiti:n thpetitioner also 'ubmits the followinn:
(a) Map drawn to scale showing proposed
lot subdivision and access.
(b) Vicinity Map.
(c) Statement on source of domestic water.
(d) Statement on method of sewage disposal.
(e) 100 year floodplain information where
live stream crosses or adjoins said tract.
(f) Fee in the amount of $
Submitted at Glenwood Springs, Colorado, this day of /1/a�, j , 19
9Mh a
Petitioner
3 & /13
Mailing Address
j Co.
9'5f3c'/
Telephone Number
May 3, 1979
Board of County Commissioners
Glenwood Springs, Colorado 81601
Re: Senate Bill 35 Subdivision Exemption
Bill and Darlene Sands
Dear Sirs:
Please find included with our petition for Exemption a copy of
a letter from the BLM indicating their intention to sell apprximately
4 acres of ground located between County Road 113 and private property
owned by ourselves and three other land owners. As a group, the four
land owners involved plan to exercise our first right of refusal to
purchase this property and divide it proportionately prior to the
May 26, 1979 deadline. Our attorney, Mr. Dan Kerst, is representing
us in this matter and will draw up the necessary documents. With
this in mind, it is our request to divide the entire parcel (our
current 9.72 acre tract plus approximately 2 acres of contiguous BLM
ground) for the purpose stated in our petition. The BLM purchase will
also allow direct access from County Road 113 to both parcels.
Also enclosed is a recent survey showing our parcel as we would
like it to be divided. Access, currently is through a deeded 40' road
easement across the property to the east of ours. This road easement
could be improved to provide adequate access to both properties.
The method of disposal of sewage for the new parcel will be
through a septic system and leaching field or dry well as required by
the County. Water for domestic purposes will be provided by the existing
well if the purchaser is unable to secure a well permit.
Thank you for your prompt attention to our request.
Sincerely,
7-'
William Sands
Darlene Sands
3266 Road 113
Carbondale, Colorado 81623
945-8301
encl.: Petition for Exemption
Letter from BLM
with maps attached
KKBNA'
Scarrow Walker
Incorporated
Consulting Engineers
Land Surveyors
• i
PARCEL A
A parcel of land situated in Lots 14 and 18, Section 10,
Township 7 South, Range 88 West of the Sixth Principal Meridian,
Garfield County, Colorado, more particularly described as follows:
Commencing at an iron post and brass cap found in place and
properly marked for the common S. E. Corner of said Lot 18 and N.E.
Corner of said Lot 14, thence N. 83°16'44" W. along the line com-
mon to said Lots 14 and 18 206.65 feet; thence continuing along
said lot line (and along the Northerly line of property described
in Document #281741 in the Garfield County Clerk and Recorder's
Office, deed bearing of said line being N. 83°42'20" W. rotated
00°25'36" to conform to GLO bearing along the East line of said
Lot 18) N. 83°16'44" W. 381.80 feet to the Northwesterly corner
of said Document #281741 property, the True Point of Beginning;
thence leaving said lot line S. 13°16'47" E. (along the Westerly
line of said Document #281741, deed bearing being S. 13°42'20" E.)
593.78 feet; thence S. 03°34'45" E. (along said Westerly Docu-
ment line, deed bearing being S. 04°00'18" E.) 794.90 feet to
the South line of said Section 10; thence along said South line
of Section 10 ( and along the Southerly line of said Document
#281741 property, deed bearing being S. 83°10'43" E.) S. 82°
45'10" E. 116.79 feet; (whence the Sh Corner of said Section 10
bears S. 82°45'10" E. 273.43 feet; deed tie being S. 83°10'43"
E. 273.43 feet); thence leaving said South line of Section 10
and said deed line N. 03°40'20" W. 1558.86 feet to a point on
the Northwesterly line of said Lot 18, being also a point on the
centerline of County Road #113; thence S. 87°59'46" W. along said
Northwesterly line of Lot 18 241.49 feet; thence leaving said
Northwesterly line S. 13°42'20" E. 165.96 feet to the True Point
of Beginning; containing 5.13 acres, more or less.
KKBNA, INC.
1001 Grand Avenue
Glenwood Springs, Co.
August 3, 1979
KKBNA
Scarrow Walker
Incorporated
Consulting Engineers
Land Surveyors
PARCEL B
A parcel of land situated in Lots 14 and 18, Section 10,
Township 7 South, Range 88 West of the Sixth Principal Meri-
dian, Garfield County, Colorado, being more particularly des-
cribed as follows:
Commencing at an iron post and brass cap found in place
and properly marked for the common S. E. Corner of said Lot
18 and N. E. Corner of said Lot 14, thence N. 83°16'44" W.
along the line common to said Lots 14 and 18 206.65 feet to
the Northeasterly corner of property described in Document
#281741 in the Garfield County Clerk and Recorder's Office,
the True Point of Beginning; thence S. O1°10'27" E. (along the
Easterly line of said Document #281741, deed bearing being
S. 01°36'00" E.) 491.63 feet; thence S. 09°50'27" E. (along
said Easterly line of Document #281741; deed bearing being
S. 10°16'00" E.) 893.45 feet to a point on the South line of
said Section 10 (whence the S; Corner of said Section 18 hears
S. 82°45'10" E. 31.42 feet; deed tie being S. 83°10'43" E. 31.42
feet); thence along said South line of Section 10 (and along
the Southerly line of said Document #281741 property, deed
bearing being N. 83°10'43" W.) N. 82°45'10" W. 242.01 feet;
thence leaving said South line of Section 10 and said deed
line N. 03°40'20" W. 1558.86 feet to a point on the Northwest-
erly line of said Lot 18, being also a point on the centerline
of County Road #113; thence N. 87°59'46" E. along said North-
westerly line of Lot 18 171.10 feet; thence leaving said North-
westerly line S. 01°36'00" E. 220.43 feet to the True Point of
Beginning; containing 6.31 acres, more or less.
KKBNA, INC.
1001 Grand Avenue
Glenwood Springs, Co.
August 3, 1979
Recorded at
q3�
Reception No.
o'clock / i M , AUG 2 8 1979
•6933 fyizzitti
THIS DEED, Made this .2 8 It day of August
19 79 , between
LELAND H. HUNTER and CLARICE F. HUNTER
of the
Colorado, of the first part, and
WILLIAM SANDS and DARLENE SANDS
County of Garfield State of
whose legal address is
of the
3266 Rd. 113,
Carbondale, CO 81623
County of Gar/f> flattate of
Colorado, of the second part:
BOOK 533 PAGF88.
Recorder.
Recorder's Stamp
AUG 2 8 1979
cT'I TICSANTARY ETE
x
WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of
----Ten Dollars and other valuable consideration
DOLLARS
to the said part ie% f the first part in hand paid by the said parties of the second part, the receipt
whereof is hereby confessed and acknowledged, ha Ve remised, released, sold, conveyed and quit
claimed, and by these presents do remise, release, sell, convey and quit claim unto the said
parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint
tenancy, all the right, title, interest and demand which the said part les of the first part
ha ve in and to the following described lot or parcel of land situate, lying and
being in the
County of Garfield and State of Colorado, to wit:
See Exhibit "A" attached hereto and incorporated herein by this reference.
alsakno3Azza.as.gtxeet-0,4d 44.1.8141aor
TO HAVE AND TO HOLD 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 said part ies of the first part, either in law or equity,
unto the said parties of the second part, their heirs and assigns forever, not in tenancy in
common but in joint tenancy.
IN WITNESS WHEREOF, The said parties of the first part ha ve hereunto set their
hand s and seal s the day and year first above writt
AOP
Signed, Sealed and Delivered in the presence of [SEAL]
[SEAL]
[SEAL]
STATE OF COLORADO,
County of Garfield
an
un
er
i, arice . Hunter
The foregoing instrument was acknowledged before me this 2 $ day of August
19 79 Y,•, .Leland H. Hunter and Clarice F. Hunter
11/,i .corrlmission expires 7a.,un.,� /2 J?
` IT S'Sfh y hand and official seal.
-
o -a --c- ,
/ j,
Notary Public.
No. 962. QUITCLAIM DEED.—To Joint Tenants.—BradfordPubliahingCo.,1846Stout Street, Denver, Colorado (573.5011)-7.78
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BOOK 533 PAGESS9
EXHIBIT "A"
10 quit claim deed from
Leland H. Hunter and Clarice F. Hunter
to William Sands and Darlene Sands
•
A portion of Lot 18, Section 10, Township 7
South, Range 88 West of the Sixth Principal Meridian,
Garfield County, Colorado, more particularly described
as follows:
Commencing at an iron post and brass cap properly
marked and found in place for the Center South 1/16
Corner of said Section 10 (being the same as the S.E.
Corner of said Lot 18), thence N. 83°16'44" W. along
the South Line of said Lot 18 206.65 feet to the True
Point of Beginning; thence along said South Line of
Lot 18 N. 83°16'44" W. 381.80 feet; thence leaving
said South Line N. 13.42'20" W. 165.96 feet to the
North Line of said Lot 18; thence along said North
Line N. 87°59'46" E. 412.59 feet; thence leaving said
North Line S. 01°36'00" E. 220.43 feet to the True
Point of Beginning; containing 1.7255 acres more or
less.
Excepting from above the right-of-way of Cattle Creek
County Road.
Recorded at _-� 281741 o'clock 4/ •� 1+// ! •� v w
Reception No. Recorder.
THIS DOM), Made this i Q til day of October
1977 ,between EDITH LYNN HORNIK and JOSEF B. HORNIK
of 9 Rural Drive, Scarsdale, New York
ct:xt14ic XXX H(t4DiXX
kulantolncof the first part, and
WILLIAM SANDS and DARLENI; SANDS
1who..• legal adtire ss is
tiXai$X t2I]41K
0042 County Road 11.5, Glenwood Springs
f
NOV :) 1977
STATE GUCU t u;,;lY r,
of the County of Garfield and Slate ol'Colorado, of the second part:
%V TTNESSETII, that the said part les of the first part., for and in consideration of the suns of
Ten Ilol.lars and other valuable consideration
XN (RRXE6X
to the said part les of the first print in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, hve granted, bargained, sold and conveyed, and by these presents 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 Garfield and State of Colorado, to wit:
A parcel of land situated in Lot 14 of Section 10, Township 7 South, Range 88
West of the Sixth Principal Meridian, lying Southerly of the Northerly line of
said Lot 14 and Northerly of the Southerly line of said Section 10, said
parcel of land is described as follows: Beginning at a point on the Southerly
line of said Section 10 whence the South Quarter Corner of said Section 10 bears:
S. 83°10'43" E. 31.42 feet; thence N. 83°10'43" W. 358.80 feet along the Southerlli
line of. said Section 10; thence N. 04°00'18" W. 794.90 feet; thence N. 13°42'20"
W. 593.78,feet to a point on the Northerly line of said Lot 14; thence S.
83°42'.20" E, 381.80 feet along the Northerly line of said Lot 14; thence S.
04°36'00" E. 491.63 feet; thence S. 10°16'00" E. 893.45 feet to a point on the
Stzutfer]y lute of said Section 10, the point of beginning. The above described
parcel of land contains 9.72 acres, more or less.
Therw,is also hereby conveyed a non-exclusive right of way to the County
Road described as being 40 feet in width extending from the Easterly boundary
of the tract above described across the entire Northerly boundary of a tract
containing 9.72 acres lying immediately contiguous to the Easterly boundary of
the tract above described to the right of way 16 feet in width hereinafter
described; thence over and across said right of way 16 feet in width which
is described as being located in Lots 10 and 15 of Section 10, Township 7
South, Range 88 West of the Sixth Principal Meridian, the centerline of which
is described as follows: Beginning at a point on the Southerly right of way
line of County Road No. 113 as constructed and in place being also the Northerly
Line of a 9.73 acre parcel whence an iron post with a brass cap found in place
and properly marked for the South Quarter Corner of said Section 10 bears: S.
07"23'36" W. 1598.87 feet; thence along said centerline, 46.07 feet along the
arc of a curve to the right, having a radius of 50.00 feet, the chord of which
bears: S. 41°44'20" W. 44.46 feet; thende 131.32 feet along the arc of a curve
to the left, having a radius of 419.55 feet, the chord of which bears: S.
59°10'00" W. 130.78 feet; thence 169.56 feet along the arc of a curve to the left,
having a radius of 113.01 feet; the chord of which bears: S. 07°13'00" W. 154.09
feet; thence S. 35°46'00" E. 16.93 feet, more or less to a point on the Westerly
line of said 9.73 acre, more or less, parcel.
Subject to easements and rights of way of public record; restrictions of
record; and, mineral reservations of record.
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• •
AGREEMENT
THIS AGREEMENT made and entered into this day of
, 1979 by and among LELAND H. HUNTER and CLARICE F.
HUNTER, (hereinafter referred to as "Hunters"), JANET M. STELMASEK
(hereinafter referred to as "Stelmasek"), WILLIAM SANDS and
DARLENE SANDS (hereinafter referred to as "Sands"), and EDITH
LYNN HORNIK, (hereinafter referred to as "Hornik") WITNESSETH:
WHEREAS, the parties hereto are the owners of real property
in Garfield County, Colorado, which property is adjacent to
certain real property which the Bureau of Land Management has
offered to sell to the parties; and
WHEREAS, the parties have reached an agreement regarding the
purchase of the subject BLM property and the apportionment between
them of such property and the expenses in connection with such
purchase.
NOW, THEREFORE, for and in consideration of the promises and
agreements herein contained the parties hereto hereby agree as
follows:
1. Property Description. The property owned by the Bureau
of Land Management, which is the subject of this agreement is
described as Lot 18, Section 10, Township 7 South, Range 88 West
of the Sixth P.M., Garfield County, Colorado„ and is referred to
hereinafter as the "BLM property". The real property currently
owned by the parties to this agreement and which is contiguous to said
BLM property is described in the respective deeds of the parties
recorded in the records of the Clerk and Recorder of Garfield
County Colorado, as follows:
Party Recording Data
Leland F. Hunter and
Clarice F. Hunter Book 443, Page 263
Janet M. Stelmasek book 460, Page 407
William Sands and Darlene Sands Book 502, Page 671
Edith Lynn Hornik Book 513, Page 881
• •
The BLM property and that portion of the parties' respective
properties being contiguous thereto are generally shown on the
plat attached hereto as Exhibit "A" and incorporated herein by
this reference.
2. Purchase of BLM property. The parties hereto hereby
appoint and nominate Leland F. Hunter, to act as nominee in
their place and stead and on their behalf in the purchase of the BLM
land above described, pursuant to the notice of sale and right of
first refusal, a copy of which is attached hereto as Exhibit "B"
and incorporated herein by this reference. It is hereby understood
and agreed that said Leland F. Hunter shall act as nominee for
the parties for the sole purpose of purchasing said property and
effectuating its conveyance to the parties hereto in accordance
with the terms and conditions of this agreement.
3. Survey. The BLM property shall be surveyed by a registered
land surveyor employed by Scarrow & Walker/KKBNA of Glenwood
Springs, Colorado for the purpose of preparing legal descriptions
of the respective portions of the BLM property to be conveyed to
each of the parties hereto, staking the corners of such parcels
as so determined and calculating the acreage of each such parcel.
It is understood and agreed that the division of the BLM property
shall be accomplished by extending to the centerline of Garfield
County Road 113 (referred to by the BLM as County Road 107),
the easterly and westerly boundary lines of the parcels of real
property currently owned by the parties hereto, which parcels are
contiguous to said BLM property. The acreages of the four parcels
resulting from the division of the BLM property shall be determined
by said surveyor for the purpose of making calculations and pro -
rations required by this agreement. The conveyance of the respective
portions of the BLM property to the parties hereto shall be by
surveyed legal description prepared by said registered land
surveyor.
-2-
• •
4. Subdivision Exemption. It is understood and agreed that
an exemption from the subdivision regulations of Garfield County
must be obtained from the Garfield County Commissioners prior to
the division of the BLM property and its conveyance to the respective
parties hereto and the cost thereof shall be borne proportionately
by the parties as provided below.
5. Purchase Price and Expenses. The parties hereby agree
that they will share proportionately the costs and expenses
incurred in connection with the performance of this agreement
(including payment of the purchase price of $8,850.00, survey
costs, attorney's fees and other incidental expenses) according
to the percentage of the total acreage of the BLM property which
each of them receives. The parties agree that they shall each
pay their respective share of such purchase price and expenses
upon receipt of a billing therefor. Within five days of their
receipt of notice from Dan Kerst, attorney at law, of their
respective share of such purchase price as determined in accordance
with the above referenced survey, the parties shall each pay said
sum by certified check made payable to the Nicholas W. Goluba,
Jr. Trust Account and delivered to Dan Kerst at P.O. Box 1040,
Carbondale, Colorado 81623.
6. Conveyance of Property. The nominee shall, and is
hereby directed, to convey to each of the parties hereto their
respective portion of the BLM property as determined in accordance
with the above referenced survey as soon as practicable after the
nominee receives a patent or deed issued by the United States
Government to the BLM property, and an exemption of said property
from the subdivision regulations of Garfield County is obtained.
The conveyance of the respective portions of the BLM property by
the nominee shall be by quit claim deed, without warranty
whatsoever and shall expressly except therefrom an easement and
right of way for the adjacent Garfield County Road, which easement
shall be thirty feet in width and shall be described by said
surveyor in reference to the centerline of said county road.
-3-
• •
7. Contingency. This agreement is expressly contingent
upon the nominee's ability to obtain the BLM property by purchase
pursuant to the Notice of Sale and Right of First Refusal attached
hereto as Exhibit "B" and in the event said nominee is unable with
the assistance of said Dan Kerst and after diligent effort, to
purchase said BLM property, this agreement shall thereupon terminate
and the parties shall thereafter be relieved of any further
rights or obligations hereunder.
8. Power of Attorney. The parties agree that they shall
each execute and deliver to Dan Kerst a power of attorney to
enable him to take all necessary action to effectuate the nominee's
purchase of the subject BLM property and to act in their stead
and on their behalf in connection therewith.
9. Binding Effect. This agreement shall be binding upon
and inure to the benefit of the parties hereto, their heirs,
personal representatives, successors and assigns.
IN WITNESS WHEREOF the parties hereto have hereafter affixed
their signatures the day and year first above written.
Leland H. Hunter
Clarice F. Hunter
Janet M. Stelmasek
William Sands
Darlene Sands
Edith Lynn Hornik
United!tates Department of the I!erior
BUREAU OF LAND MANAGEMENT
COLORADO STATE OFFICE
ROOM 700, COLORADO STATE BANK BUILDING
1600 BROADWAY
DENVER. COLORADO 80202
CERTIFIED -RETURN RECEIPT REQUESTED
William and Darlene Sands
0042 County Road 115
Glenwood Springs, Colorado 81601
Dear Mr. and Mrs. Sands:
MAR
IN RULY REFER TO
CO -046
C-9342 PSA
In accordance with the prcvisons of Section 2.4 of the Federal Laqd
Policy and Management Act of October 21, 1976 (90 Stat. 2760; 43 U.S.C.
1722) we are enclosing a Notice of Sale and Right of first Refusal. The
publisher of the Glenwood Springs Post has been requested to publish the
Notice for four consecutive weeks beginning on APR i
Pursuant to the provisions of Section 214, before public land may be
sold at public auction or offered to preference right holders as provided
for in the Unintentional Trespass Act of September 26, 1968 (82 Stat.
870; 43 U.S.C. 1431-1435), the applicant and the owners cf all land that
are contiguous to the land described in the Notice must be notified of a
right of first refusal tc purchase the public land at its September 26,
1973, appraised fair market value.
Persons who filed applications under the Unintentional Trespasss act
have no preference right over other contiguous landowners. If you are
an owner of land contiguous to the land described in the attached form,
you may immediately exercise the right of first refusal by completing
2nd returning it to this office.
ISPN VE
AMERICA'S
ENERGY
ww
Rodney A. Roberts
Leader, Canon City/
Grand Junction Team
Branch of Adjudication
Save Energy and You Serve America!
• •
UNITED STATES
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
COLORADO STATE OFFICE
Room 700, Colorado State Bank Building
1600 Broadway
Denver, Colorado 80202
NOTICE OF SALE AND RIGHT OF FIRST REFUSAL
In compliance with Section 214 of the Federal Land Policy and Management
Act of 1976 (90 Stat. 2760; 43 U.S.C. 1722), only an owner of land
contiguous to the public land described below has the right of first
refusal to make an offer to purchase such public land at its
September 26, 1973, appraised fair market value:
SIXTH PRINCIPAL MERIDIAN, COLORADO
Serial Parcel Legal 1973
No. No. Description Acres Appraised Value
C-9342 T. 7 S., R. 88 W.,
1 sec. 10, Lot 18 4.02 $8,850.00
0-12122 1 sec. 17, Lot 17 18.49 $27,150„00
2 sec. 16, Lot 15 5.68 $8,350.00
3 sec. 16, Lots 17 and 18 10.89 $16,000.00
C-14060 T. 7 S., R. 89 W.,
1 sec. 3, W 2W ZNW1/4SE1 10.00 $10,000.00
Any person making an offer to purchase is required to submit acceptable
proof of ownership of land that is contiguous to the public land for
which an offer is made. Such proof must show that the offeror is the
owner of such contiguous (not cornering) land on the thirtieth day after
the date of the first publication of this notice.
Any person qualifying as an owner of land contiguous to public land for
which an offer is made, and who in such capacity elects to make an offer
at the 1973 appraised value, must file an offer on an EXERCISE OF RIGHT
OF FIRST REFUSAL form within 45 days from the date of the first publication
of this notice. Such form is available at the Colorado State Office at.
the address shown above. The offer must be accompanied by a certified
check, postal money order, bank draft, or cashier's check made payable
to the Bureau of Land Management. Each qualified person who is declared
a possible purchaser will be required to pay a pro -rata share of the
cost of publication of this notice.
Any patent or deed that is issued by the Government will contain a
reservation to the United States of a right-of-way for ditches and
canals constructed by and under the authority of the United States and
will also contain a reservation to the United States of all minerals and
the right of the United States, or persons authorized by the United
States, to prospect for, mine, and remove those minerals. Under Serial No.
C-9342, there will be, in addition, a right of way reserved for Garfield
County Road No. 107
If the sale of the described public land is not completed under this
EXERCISE OF RIGHT OF FIRST REFUSAL, such land will be offered for sale
at public auction pursuant to the provisions of the Unintentional Trespass
Act (82 Stat. 870; 43 U.S.C. 1431-1435).
Any person claiming any right, title, or interest in the described
public land shall so notify the Bureau of Land Management in writing at
the address shown above within forty-five (45) days from the date of
first publication of this notice.
Date of First Publication
Rodney A. Roberts
Leader, Grand Junction and
Canon City Team
Branch of Adjudication
•
PUBLIC SALE APPL'N C-9342
T. 7 S., R. 88 W. 6TH P.M., COLO
SEC. 10 LOT 18 -4.02 ACRES