HomeMy WebLinkAbout1.0 Application4
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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 under-
signed The Upper Colorado River Community Center Board
respectfully petitions the Board of County Commissioners of
Garfield County, Colorado, to exempt by resolution the
conveyance to the applicant of the 1.878 acre tract according
to the Purchase and Sale Agreement dated February 1, 1978
between Glenwood Limited, Seller, and the applicant as
Buyer, a copy of said Purchase and Sale Agreement being
attached hereto and incorporated herein by this reference,
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:
Applicant is the operator of a school for develop-
mentally disabled children and adults in Garfield, Eagle and
Pitkin Counties, and proposes to move an existing building
located on a tract adjacent to the subject lands for use as
school facilities. Access to the property will be provided
from Mount Sopris Avenue and water and sewer facilities will
be available from the City of Glenwood Springs. Applicant
proposes to enter into a development agreement with the City
of Glenwood Springs and for future annexation of the property.
The property presently qualifies for annexation to the City
of Glenwood Springs. The proposed development is not part
of an existing or potentially larger land development project.
Submitted at Glenwood Springs, Colorado, this 13th day
of March, 1978.
THE UPPER COLORADO COMMUNITY
9aveit
PURCHASE AND SALE AGREEMENT
This agreement is made and entered into this /,i day of
Fegoit40'/ , 1978 by and between GLENWOOD, LTD., a joint
venture, hereinafter referred to as Seller and THE UPPER COLORADO
RIVER COMMUNITY CENTER BOARD, a Colorado nonprofit corporation,
hereinafter referred to as Buyer.
For and in consideration of the purchase price and the mutual
covenants and conditions hereinafter contained, the parties hereby
agree as follows:
1. Seller hereby agrees to sell, and Buyer hereby agrees to
purchase a tract of land located in the N 2NVV1/4 of Section 27, Township
6 South, Range 89 Nest of the Sixth Principal Meridian, in Garfield'
County, Colorado. The tract of land to be purchased hereunder shall
contain not less than one acre and not more than two acres in area
and shall be located southerly and westerly of the certain real property
now owned by Glenwood Park Limited and westerly of Midland Avenue,
the general location of said property being indicated on the attached
Exhibit "A" incorporated herein by this reference. Seller shall have
the right to approve the final boundary pins on the tract of land to be
surveyed. The frontage on County Road (Midland Avenue) shall in no case
exceed 175 feet.
2. Purchase Price. Buyer hereby agrees to pay Seller the total
purchase price for said property in an amount determined by the total
actual area to be conveyed and on the basis of $6,500.00 per acre.
The total purchase price shall be determined upon the completion of
the survey of the property as hereinafter provided and shall be paid
Seller by Buyer as follows:
(a) The- sum of $1,000.00 upon the execution hereof, the
receipt of which is hereby acknowledged by Seller.
(b) The balance of the total purchase price as determined
above on or before 90 days from the date hereof.
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3. Survey. Buyer shall, at its expense, obtain a survey of the
property by a registered land surveyor showing the dimensions of the
property and the total acreage to be conveyed, which total acreage
shall be the basis for the determination of the purchase price as
provided above.
4. Title Insurance. Within fifteen days from the completion of
the survey, Seller shall furnish Buyer a current commitment for a title
insurance policy in an amount equal to the purchase price.
5. Merchantable Title. Title shall be merchantable in the
Seller. Subject to payment or tender as above provided and compliance
with the other terms and conditions hereinafter contained, Seller shall
execute and deliver a good and sufficient general warranty deed to
Buyer upon the payment of the balance of the purchase price provided
above, conveying said property free and clear of all taxes, except
general taxes for 1978, payable in 1979, and free and clear of all
liens and encumbrances. It is understood that this agreement is
contingent upon the release of deed of trust for this tract of land
from the Congregation of the Holy Ghost, Western Province, Inc.
6. Annexation, Building, Zoning and Subdivision Regulations.
Buyer shall, at its sole expense, comply with all annexation, building,
zoning and subdivision regulations and requirements so as to enable
it to use the property as a school for the developmentally disabled.
Seller agrees to execute all reasonable documents which may be requested
by Buyer to obtain any necessary annexations, exemptions, or zoning
changes to enable Buyer to so use the property. (Also refer to Item #i1
for declaration of protective covenants.)
7. Possession. Buyer shall be entitled to immediate possession
of the property upon the execution of this agreement.
8. Closing. The closing of this transaction shall take place
within 90 days from the date hereof or upon ten'days notice from Buyer
to Seller. At closing, Seller shall convey the property by good and
sufficient general warranty deed as provided above and Buyers shall
tender the balance of the purchase price in cash or certified funds.
9. Prorations. Seller shall pay all property taxes on the
property for 1977 and Buyer shall pay all taxes and other assessments
accruing after January 1, 1978.
10. Default. Time is of the essence hereof, and if any payment
or any other condition hereof is not made, tendered or performed, as
herein provided, then this contract, at the option of the party who
is not in default, may be terminated. In the event of such default
by the Seller, the Buyer may elect to treat this contract as terminated'
and all payments made hereon shall be returned to the Buyer, or Buyer
may enforce specific performance against the Seller. In the event
of such default by the Buyer, all payments made hereunder shall be
retained by Seller as and for its liquidated damages. In the event
of such default by the Buyer, Buyer shall remove. at its sole expense
all structures erected or placed on the subject property and shall
return said property to its present condition.
11. Declaration of Protective Covenants. The following protective
covenants are adopted to regulate and control the use of the aforesaid
land:
(a) Land Use and Building Type. No part of said real
property shall be occupied or used for any prupose other than as a . 'ck uc tt afA uP
14
sehee± for. the developmentally disabled. No structure or structures
shall be erected, placed, altered or permitted to remain on any part
of said property other than the`seh l. for the developmentally disabled
without prior approval of the Seller, his successors, heirs or assigns.
(b) Mining and Oil Operations. No oil drilling or development
operations, refining or quarrying or mining operations of any kind
shall be permitted upon or in any part of the said property, no shall
oil wells, tanks, tunnels, mineral excavations or shafts be permitted
upon or in any part of the said property.
(c) Livestock and Poultry. No animals, livestock or poultry
of any kind shall be raised, bred or kept on any part of the said property
except that dogs, cats or other household pets may be kept thereon
if they are not raised, bred, kept or maintained for commercial purposes.
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(d) Signs. No sign of any kind except one professional
sign per structure.
(e) Mineral and Water Rights. No water or mineral rights
shall be conveyed through the sale of the subject property.
(f) Buyer agrees not to interfere with any future development,
building, annexation or zoning of the property owned by Glenwood, Ltd.,
its heirs, successors or assigns.
(g) Term. The restrictions and limitations herein set
forth in Item #11 are to be construed as covenants running with the land
and shall be binding on all parties and all persons claiming any part of
-- �'%
the subject property for a period of tse1ty-five years from the date
of this agreement and these covenants are to be a part of the general ''-
warranty deed recorded in the Office of the County Clerk of Garfield
County.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year first written above.
A1"1hST :
THE UPPER COLORADO RIVER COMMUNITY
CENTERBOARD
By /
-17/ V///
fig Presidents
GLENWOOD, LtD., A JOINT VENTURE
Otto Zinko, Joint Venturer
BY
Douglas R. Cook, Joint Venturer
and Manager
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LEGAL DESCRIPTION
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A PARCEL OF LAND SITUATED IN THE NW 1/4 NW 1/4, SECTION 27, TO6'iN-
SHIP 6 SOUTH, RANGE 89 WEST 6TH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOL-
LOWS:
BEGINNING AT A POINT WHENCE THE WITNESS CORNER TO THE NORTH
QUARTER CORNER OF SAID SECTION 27 BEARS N. 89°53'43" E., A DIS-
TANCE OF 1217.93 FEET; THENCE S. 81°00'00" W., A DISTANCE OF
30.00 FEET; THENCE S. 03°53'00" I'.7., A DISTANCE OF 77.00 FEET;
THENCE S. 82°04'00" W., A DISTANCE OF 127.13 FEET; Tii WE
S. 05°51'00" W., A DISTANCE OF 175.57 FEET; THENCE S. 82°18'00" W.,
A DISTANCE OF 88.48 FEET; THENCE S. 27°46'00" E., A DISTANCE OF
175.00 FEET; THENCE N. 81°00'00" E., 251.43 FEET; THENCE
N. 09°00'00" W., A DISTANCE OF 406.09 FEET TO THE POINT OF BEGIN-
NING, AND CONTAINING 81,824.5 SQAURE FEET OR 1.878 ACRES, MORE
OR LESS.
GINGERY ASSC�C_ )Mc.
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