HomeMy WebLinkAbout2.0 CorrespondenceGARFIELD COUNTY
PLANNING DEPARTMENT
GLENWtrOO SPRtNGS, trOLORAOO Ell6Ol
20I4 BLAKE AVENUE PHtrNE 945-A212
June 2.1981
James and Veda Waters
Box 1741
Glenwood Springs, C0 81601
Dear Mr. and Mrs. Waters:
0n June 1., 1981, the Garfield County Board of Conrnis-
sioners deemed the Spring Valley area as "premature for further
subdivision". By passing this resolution, the Garfield County
Corrnissioners have shown their concern for the developnent
occuring in Spring Va1'ley without the benefit of adequate ser-
vi ces .
You may choose to proceed with your exemption application;
however, I must advise you that the Conrmissioners may 'look un-
favorably upon your request at this time. I won't schedule your
hearing with the Conrnissioners untiI further direction from you.
Please contact me immediately in regard to your application.
Sincerely,
PLANNING DEPARTMENT
Terry L. Bowman
Assistant Planner
TLB/1 d
,rr 1(1t\
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Scrrnxx & I{pnst
ATTORNEYS AT LAW
SUITE 1OO. VILLAGE PLAZA
GLENWO()D SPRINGII, CoL()RAD() A1601
l{ay 22, 1981JOHN R. SCHENK
DAN KERST
WILLTAM J. DEWINTER III
Thank
(3O3l 945-2447
Art AbPIanalP
CountY ALtorneY
Garfield CountY Courthouse
P.O. Box 640
Glenwood SPrings, CO 81602
Re: waters' Petition for subdivision Exemption
Dear Art:
I visited with you a few days ago about the possibility
of exempting from =rldi.ri=iott the creation of three parcels
from a ten acre tract in sprj-ng valley. I have discussed
your comments with the i{atetsr owners of the subject property'
6rr" to their concern that giving only one child rights in one
of the subdivided parcers might cause controversy amonq the
siblings when they get older] they have elected to petition
the commissioners on the basis tfrat the third parcel will be
conveyed to a trust for the benefit of all three children' I
appreciate your concern regarding lle.potential for a judicial
pli,titi"" (lfrus subverting the subdivision process) but
believe that this concern can be aleviated by an appropriate
timitation in the trust agreement, combined with a deed
restriction, which would prohibit partition and require that
at such time as the beneflciaries are to receive distribution
of the trust assets, the parcel held in trust must be sold as
a complete parcel and may not be subject to judicial or
voluntary partition. My review of the Iaw applicable to
partitioi-r iuggests that this type of limitation in the trust
instrument and in the deed has been universally enforced' I
would appreciate your comments in this regard'
The waters have proceeded to file the petition-in the
form enclosed, but ,olta b" happy to consider any adjustments
which you deem necessary to pr-oiect the County's concerns in
this regard.
you for your attention LTXhrs matter'
1
/vours very trulY,
i
1
\ naN KERSr
Farrar
i'i----
cc: Davis
Waters