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Home My WebLink About1.0 ApplicationPETITTON FOR EXEMPTION PURSUANT to C.R.S. 1973, 30-28-10I (10) (d) and the subdivision regulations of Garfield County, Colorado, adopted 1 September, 1972, Sections 1.02.L7 (d) and 3.02.01, the undersigned, DONALD C. WALLER AND JUDY WALLER, respectfully petition the Board of County Cornmissioners of Garfield County to exempt by Resolution one certain parcel of land, more fully hereinafter described, from the definitions of "Subdivision" and "Sub-divided land" as those terms are used and defined in C.R.S. L973,30-28-101 (10) (d) and the Garfield County Subdivision Regulations, for the reasons set forth below. 1. Petitioners are the owners of the followingi described property, to-wit: A tract of land in Lots 16 and 20, Section 28, and Lot 2,Section 33, all in Township 7 South, Range BB West of the 6thPrincipal Meridian, described as follor,us: Beginning at Corner # l, whence the East L/4 corner ofSection 28, Township 7 South, Range BB West, bearsN. 89"34r E. 110.52 feet and N. 38"13r20" E. 1698.80feet; thence S. 89034r W. 860.08 feet to Corner #2,which is a point on the Easterly ROW line of the D. & R.G..W. Railroad; thence along said ROW lineS. 22o5lt25" E. 133.50 feet to Corner #3; thencealong the arc of a 3.49o curve to the left 294.18feet (said curve having a radius of 1541.53 feet)to Corner #4i thence S. 33"07'25" E. 1154.39 feetto Corner #5; thence leaving said raitroad ROWN. 010116r W. 885.00 feet to Corner #6; thenceN. 88"44r E. 15.00 feet to Corner #7i Lhence N.01"16'W. L82.40 feet to Corner #8; thence N. 88"44r E.54.48 feet to Corner #9; thence N. 01"16' W. 286.2Lfeet to Corner #1, the point of beginning, containing 13 . 56I a\cres, more or less. Together with an easement and right-of-way for utility PurPoses and as a roadway for ingress and egress to Lhereal property hereinabove described to be used in common wit.h adjoining property owners, including the heirs, personal representatives and assigns of said parties along, over and across the following described tract, to-wit: Beginning at Corner #7 of the above described tract, thence N. 88"44'E. 205.00 feet to the rvesterly ROW line of State Highway 133; thence along said Row N. 01o16r w. 60.00 feeti thence S. 88o44' W. 205.00 feet to the Easterly sideline of the above described tract; thence S.01016' E. 60.00 feet to the point of beginning. Less that property conveyed to the Carbondale Sanitation District by deed recorded in Book 437 at Page 553of the Garfield County records. The property in the ownership of the petitioners' herein is zoned Commercial/ General. 2. The petitioners desire to exempt therefrom, to be retained by them and to allow the conveyance of the balance of the property, a tract of land containing 2 acres, more or 1ess, and located at the NE corner of that property described in Paragraph I hereof. Attached hereto is a copy of a portion of a USGF topographical chart showing the subject property. The parcel sought to be exempted will be surveyed by a licensed surveyor and an exacL "descriPtion of said parcel will be provided the County Planning Office and the Board of County Commissioners of Garfield County, Colo- rado prior to any conveyance of either tract. Petitioners have caused a residence to be constructed on the property sought to be exempted and have lived in and. maintained such as their personal residence sinee L974. Such tract is served by a water system coflrmon with the mobile home park, sewage service by Carbondale Sanitation District, tele- phone, natural gas and electricty by the respective entities providing those services in the neighborhood. Further, acess is by means of the easement and right-of-way described. in Paragraph 1. 3. l-s 4. The balance of the property described used and maintained as a mobile home park. in Paragraph 1, The mobile -2- ,,L home park is served by all utilities including water, sewer, natural gasr electricity and telephone and has access to State Highway 133 by means of an easement and. right-of-way contained in the deed to petitioners. 5. Petitioners wish this exemption so that they may convey the mobile home park to a third party and retain that tract from which their residence is situated. 6. A copy of the deed of conveyance of the subject tract will be filed with this petition and Resolution if this motion is granted. Dared rhis f-u - I nuay of May, Lsl s . Attorney for Petitioners 303 Main Street P.O. Box 278 Carbondale, ColoradoTelephone: 963-3777 STATE OF COLORADO )) ss. COUNTY OF GARFIELD ) Donald C. Waller and Judy Wa11er, being first duly sworn upon their respective oaths, depose and say that they have read the above and foregoing Petition for Exemption, know the contents thereof to be true and correct according totheir best knowledge, information and belief. Subscribed and sworn to before me this 1975 by Dona1d C. Waller and Judy Waller. hritness my hand and official seal. bYr,) My commission expiresi -3- // /7 77, day of l{ay, .=( , )// ^oro/l ( EE s-ot Z{&i0-- Oi c-O1)c a lrr Jo :i\i\\\ i\\\ \, \\.il CralclF -" | 7O67t t66to (.,^.--r' ?-/. - - :-...-\ 740c Ki .60a8 prrc{...---j-_"$ _. ao;,. ,\T $$ l-_-\ >. '--'i\ .-- \ta S.BY ^-.--r1- - -.r" | )-- b a --2)=J:'.--<-- ,/ii- | ( ill,/xl,/ril bondale i , ,. -'A.'. --'a-Y-\.'.1'rrl\-- ii Y:i'i[\1$+[s_:= r.t \L\\ r- -\=\,j-t=RH <r-"'i,\ ii -t\i'( -: '\-i '. .tl .'-;' l--- ' ii art f/-ilIl 1 t)l it tll \o'\ s.*\i--s I, a \o eze2" . .. I10,)'' .' (,, 1' _-0 - :lr{: (9Og) 9Gs-3777 J. E. DEVILBISS ATTORNEY A"r LAW 3O3 MAIN STREET CARBONDALE, COLORADO A1623 MAILI P. O. BOX 278 April 28, L975 Mr. Larry SchmuesserGarfield County planner 20L4 Blake Avenue Glenwood Springs, Colorado 91601 Re: Senate Bill No. 35 Exemptions Bearwald;Colorado Rocky Mountain School;Eustis; Lappala Dear Larry: Enclosed you will find the original and one copy of the abovecaptioned Petitions for Exemption from senate girr No. 35.A11 of the documents enclosed herewith are signed by thepetitioners and notarized. {g1!herr you wirr find encrosed my check in the amount of$228.00. This includes the basic fee of $50.00 for eachpetition, together with a fee in the amount of $1.00 peracre or part thereof of the property sought to be exempted,computed thusly: PETITIONER BASIC FEE $1.00 PER ACRE TOTAT t Bearwald, / '' Lappal a / i_c.R.M. S./- .5IF ?al /,u€LL*/?- $s0.00 $50.00 $s0.00 $s0.00 $12 .00(11.85 acres) $11. 00(10.058 acres) $ 3.00(2.93 acres) $ 2.00(1.854 acres) $62 .00 $61. 00 $53.00 $52.00 My previous conferences with you would seem to indicate that Y Page 2 Larry Schmuesser April 28, L975 the enclosed documents together with the enclosed fee is all that is required, however if anything else is needed please feel free to call upon me at any time. Thank you for your assistance in this matter. Best regards, I .)