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HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. 1973, 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, George S. Whipple, respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division by him of the land hereinafter more particularly described into two parcels from the defi- nitions 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, both as amended and in support thereof states: 1. The land the subject hereof is described as follows: NW1/4SE4j Section 9, Tp. 7 S., R. 89 W., 6th P.M., except parcel described in deed recorded as Document No. 156638 in Book 217 at Page 235, containing 20.89 acres, more or less. and is as depicted on attached plat thereof. 2. Petitioner has contracted to purchase the property from William Nelson as more appears in copies of Receipt and Option Contract and Counter Proposal attached hereto. 3. Petitioner seeks to divide the property into two parcels containing approximately 10 acres each. The location of each parcel is as set forth on plat attached hereto. A legal description as to each parcel will be obtained upon granting of the within Petition for Exemption. 4. A single-family residence will be erected on each 10 acre parcel and will be conveyed to third parties as yet unknown. Each conveyance will prohibit further subdivision or development of each such parcel. 5. A separate septic system will be constructed on each 10 acre parcel. Such construction will be allowed by County and State Regulations as appears in copy of letter from the Garfield County Department of Health and Environ- mental Protection. 6. Access to each parcel will be as depicted on the attached plat. 7. Water will be supplied from a domestic water well or wells to be drilled by Mountain Drilling Company. 8. Electrical energy will be supplied by Holy Cross Electric Association as appears in copy of attached letter. Respectfully submitted, County Commissioners of Garfield County. .lenwood Springs Colorado Gentlemen: April 17,1978 It is my intention to divide this parcel of land into two 10 acre parcels. I propose to build a single residence on each of these parcels. As an architect, I have riven careful thought and consia- ertion to the feasibility of this project. I nave tried to be ac realistic as possible in assessin; this proposal and. I believe that every contingency has been met. It is my desire to provide high quality homes with unique designs on a reasonable cost basis. 1 understand the growth problems that Garfield County and more particularly the Sunlight Valley.faces. I believe that my proposal is a positive contribution. 1 have tried to divide the 20 acre parcel in a responsible manner with every intention of pre- serving the interity of the surrounding residences and terrain.. I am sure you will give this matter every consideration and I thank you for your time. • xSW/ jh respectfully, CATTLE CREEK ASSOCIATES GEORGE S. WH1 PPLE COUNTY ROAD 113 N0.3335 CARBONDALE, COLO.81623 TELEPHONE 303-945-5209 ueor 'e 6. Mai The printed ru.rtious of thio form approved by the i I . Colorado ):r;.l Fctate Commission (SC 2E-00 :v) I l I George S. Whipple RECEIVED FROM i500.00 {Purchaser (as joint tenants), the sunt of $ in the form of personal check tobeheldbyThe Bill Mayes Co . ,broker, in his escrow or trustee account, as earnest money and part payment for the following described real estate situate in the said County of Car1ield , Colorado, to wit: !The NW7 ,SE4, Sec 9, Tp. 7S. , R89W., 6th P.M., ;Excepting therefrom a tract of land conveyed to Herman Doose by ;Quit Claim Deed dated January 23, 1946 and recorded in the office iof the Clerk and Recorder of Garfield County, Colorado as Document No. 156638 in book 217 at Page 235 thereof. For use in safe o1 VACANT LAND ONLY RECEIPT AND OPTION CONTRACT (VACANT LAND) March 9, ,19 73 with all casements and rights of way appurtenant thereto, whichroperty purchaser agrees to buvrpon the following terms and conditions forJYC he Purchase price of $ 32 , 000.00 , payable as follows $ (11 hereby receipted for, $ 31, 500. 00 , cash to seller at time of closing. Pricetoinclude: Access road to subject property not to exceed 107, grade. 1. An abstract of title to said property, certified to date, or a current commitment for title insurance policy in an amount equal to the purchase price, at seller's option and expense, shall be furnished the purchaser on or before May 1, , 19 78 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 _ May 1, , 19%8 , or, by and clear of all taxes, except the general taxes warranty deed to said purchaser on mutual ao•reement at an earlier date conveying said property free for 19 /8, payable January 1, 19__:_' , .Rid — ; 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: None and except easements for: of public record and easement from existing* road- way along existing rail grade, thru property owned by Tom Collinson, to building site Pl. and subject to building and zoning regulations and the following restrictive covenants: of public record. 3. General taxes for 19_-7 8 shall be apportiont•d to elate of delivery of (iced based on the most recent levy and the most recent assessment. Prepaid rents, water rents, sewer rents, FIIr1 mortgage insurance premiums and interest on en- cumbrances, if any,=3Tftr`-- — -- - shah be apportioned to date of delivery of decd. No. SC 241-10-75. Receipt mrd Opti COS. I f Aft (•.:�: ��.t 1.nnd) • I. r:.lrprd 1L,1 -!,r Cu.. 12:-44.i St.:'st Stre.•t. 1).•aver. Colum I:11 -9-11 The printed portions of this form approved by the Colorado Real Estate Commlaaion (CP -40-7-71) COUNTER PROPOSAL RE: Proposed Contract for the purchase of property described as: The NW1/2 SE,k , Sec 9, Tp- 7S. , R89W., 6th P.M., Excepting therefrom a tract of land conveyed to Herman Doose by Ouit Claim Deed dated January 23, 1946 and recorded in the office of the Clerk and Recorder of Garfield County, Colorado as Document No. 156638 in Book 217 at Page 235 thereof. situated in the County of Garfield , Colorado, dated P4arck 9 , 19 78 , between William Nelson as Owners and George S. Whipple The undersigned Owner(s) accepts said proposed contract, subject to the following amendments: as Purchasers. 1. The total purchase price shall be $33,000.00. 2. Access road to subject property shall be sole responsibility of seller. Road shall not exceed 10,0 grade overall, from beginning to end of easement. Buyer shall satisfy himself that the access road is suitable to his needs prior to closing. 3. Prior to closing seller shall construct a rough -graded dirt road along the center line of easement shown on Exhibit A. Said work shall consist only of roughing the road in with a bulldozer, shall not include culverts, surfacing or grading. A11 other terms and conditions to remain the saute. If this counter proposal is accepted by Purchaser, as evidenced by Purchaser's signature hereon, on or before March 21 , , 19 78, the said proposed contract. as amended hereby, shall become a contract between the parties. William Nelso O.vner 6)--e Owner The foregoing counter proposal is accepted this 2est AO day of , 1`) =�3--- George wh. ipp`tea74r Purchaser Broker No. CP -40-7-71 Counter Proposal - It,- dford Publishing Co., 1824-46 Stout Street, Denver, Colorado —10-77