HomeMy WebLinkAbout1.0 ApplicationPETITION FOR SKETCH PLAN REVIEW
TO THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
Pursuant to C.R.S. 1973, 30-28-lOl(d), and the Garfield
County Subdivision Regulations, the undersigned Harold Elmer
Blackmore and Beverly June Blackmore respectfully submit to
the Board of County Commissioners the attached sketch plan of
a proposed division of property within the County, which will
result in the creation of a tract of land of less than thirty
five acres; and petitions the Boa rd to grant an exemption from
the subdivision regulations by resolution.
In support of this petition, the undersigned state that:
1. For a number of years, your petitioners have been the
owners of a tract of land shown on the attached sketch plan and
described as "Parcel A". This property is situate on County
Road 320, and approximately [) feet South of Interstate
Highway 70. This house is now served by Rifle City water, and
has a septic system, and is served by natural gas and electrici y,
telephone and cable television.
2. Your petitioners have e n etered into a con~ract to
purchase from James I. Layne and Juanita Layne ~i~regularly
shaped tract of land consisting of approximately 22 ~res,
and whose dimensions are approximately 93 feet by 1 feet by
120 feet by 100 feet, and shown on the attached sketch plan.
The size and shape of this irregular piece has been dictated
by the construction of Interstate Highway 70.
3. The purpose of this purchase is to increase the lot
size of the property now owned by your petitioners, to provide
additional acreage wh~ch your petitioners intend to use for
gardening and green space.
4. It is specifically not the intention of your petition-
ers by this purchase to create any add i tional lots, or to
create additional building sites, and y our petitioners af-
firmatively state that if this property is conveyed to any
other person, it shall be conveyed as a unit consisting of
Parcels A and B, rather than as two separate parcels.
5. Petitioners understand and accept the fact that the
construction of any building on this p r operty would probably
violate the Garfield County Zoning Regulations.
6. Access from this property cou l d only be directly to
the property owned by the petitioners, which is directly on to
a County Road. Acquisition of this add itional property will
not create access problems for the sel l ers.
S igned this LiL_ day of April, 19 7 5.
The printed portions or tn1s rorm approved by the
Colorado Real Estate Comm ission (SC 27-7-71)
SPECIFIC PERFORMANCE CONTRACT
(VACANT LAND)
For use in sale of
VACANT LAND ONLY
___________ M_a_r_c_h ____ ,19 ~
RECEIVEDFROM _____ H_A_R_O_LD~E~L_M~E~R_B_L_A_C_KM_O_R_E_a_n_d_B_E_V_ER_L_Y_J_U_N_E_B_L_A_C_KM_O_R_E_~
Purchaser (as joint tenants), the sum of $_1_0 _0_._0_0 _________________________ _
in the form of personal check to be held by_-'-s--'e"""'l"'l~e_r--'s _______ , ITroKei';1n1i.nn~!lcroW-or
trusfee-aceount, as earnest money and part payment for the following describ ed r eal estate situate in the ____ _
County of Garfield , Colorado, to wit:
An irregular piece of land 120 feet by 100 feet by 100 feet by .93 feet located
in the S 1/2 of Section 16, Township 6 South, Range 93 West of the 6th P.M .
l yin g Southerly of Interstate 70 as the same is under construction, and West of
a tract now owne d by the purchasers. This le g al description bas ed upon a plat
which has been prepared b y purchasers, and shown to sellers, and will be refined
by the preparation of a survey or plat at purchasers ' expense on or before the
time of closing .
with all easements and rights of way appurtenant thereto, which property purchaser agrees to buy upon the follow-
ing terms and conditions for the purchase price of $~1 00.00 , payable as follows: $ 100.00
hereby receipted for, $ 2, 000. 00 payable by the execution of a promissory note
in that amount, repayable in five equal, consecutive annual payments of $400.00
each, plus interest on the unpaid balanc e at eight p er cent per annum . First
annual payment shall be due one year from the date of closing, and subsequent
annual payments due on the same dat e of the year thereafter.
Price to include : vacant land
1. ATnrt>-stTIIcr-af~-sattrpro1mrty,~rtified-to-dm;e;-ur a current commitment for title insurance policy in
an amount equal to the purchase price, at purchasers ' expense, shall be furnished the purchaser on or before
10 days prior to closing -;~---· If seller elects to furnish said title insurance commitment, seller
will deli ver the title insurance po licy to purchaser after closing and pay the premium thereon .
2. Title shall be merchantable in the seller. Subject to payment or tender a s above provided and compliance with
the other terms and condition s h ereunder by purchaser, the seller shall exec ute and deliver a good and sufficient
general warranty deed to said purchaser on closing -;1:9 __ , or, by
mutual agreement, at an earlier date, conveying said property free and clear of all taxes, exc ept the general taxes
for 19---12__, payable January 1, 19_L§_, and except any special assessments due and payable
____________ ; free and clear of all liens for special improvements now in st all ed, whether assessed or
not; and free and clear of all liens and encumbranc es except: no except ions
and exc ept easements for: l:hu.ge,__of record, and specifically, an easement thir-~
wide along the Sou-t--R---fta-1' ab~escribed tract for
the Puo ic Service Company
and s ubj ect to build ing and zoning regulations and the following restrictive co ve nants :
none
3. General taxes for 19-2L, (based on 191.L_ levy and 19~ assessment), prepaid rents, interest on en -
cumbrances, if any, and other cus ternary matters
shall be apportion ed to date of delivery of deed .
SC 27-7-71-Specific Performance Contract (Vacant Lnnd)-Brndford Publishing Co., 1824-46 Stout Street, D enver, Colorndo -6-73
4. The hour and place of closing shall be as designated by Stephen 1. Carter, attorney at laN
5. Possession of premises shall be delivered to purchaser on _____ c_l_o_s_i-"-n~g,__ __________ _
subject to the following leases or tenancies: none
6. In the event the premises are substantially damaged by fire, flood or other casualty between the date of this
agreement and the date of possession or the date of delivery of deed, whichever shall be earlier, this agreement may,
at the option of the purchaser herein, be declared null and void and any deposit herein made shall be immediately
returned to purchaser.
7. Time is of the essence hereof, and if any payment or any other condition h ereof is not made, tendered, or
performed by either the seller or purchaser as herein provided, then this contract, at the option of the par ty who is
not in default, may be terminated by such party, in which case the non-defaulting party may recover such damages as
may be proper. In the event of such default by the seller, and the purchaser elects to treat the contract as terminated,
then all payments made hereon shall be returned to the purchaser. In the event of such default by the purchaser, and
the seller elects to treat the contract as terminated, then all payments made hereunder shall be forfeited and retained
on behalf of the seller. In the event, however, the non-defaulting party elects to treat this contract as being in full
force and effect, then nothing herein shall be construed to prevent its specific performance.
8. In the event the seller fails to approve this instrument in writing within ten days from the date .
hereof, or if title is not merchantable and written notice of defects is given to the seller or agent within the time
herein provided for delivery of deed and shall not be rendered merchantable within 60 days after such written notice,
then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from
all obligations hereunder and the payments made h ereunder shall be returned :forthwith to purchaser upon return of
the abstract, if any, to seller; provided, however, that in lieu of correcting such defects, seller may, within said 60 days,
obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be
free from such defects and seller shall pay full premium for such Title Insurance Policy.
9. Additional Provisions:
Purchasers shall, at their expense, endeavor to obtain from the Garfield
County Board of County Commissioners an exception to the Garfield County
subdivision regulations for this purchase. In the event they are unable
to do sobwithin a 1 reasonable 1 time~ then.this contracthmav~f at hpulchasers' option, e cancei ea, and ai moneys paid on account ereu s ai o e
returned to the purchasers.
10. Upon approval hereof by the seller, this agreement shall become a contract between s eller and purchaser and
shall inure to the benefit of their heirs, successors and assigns of said parties.
Purchaser Harold Elmer Blackmore Date
Purchaser ~erly June Blackmore By :
Date
Seller approves the above contract t his day of , 19 __ and agrees..io pay a
;ion-of % of the gross s ales price for services in this ti::msaetion, and agrees that, in the event of
r e of paym:::_ts yra<fe by pm~
/
Box Rifl e , Colorado 816
Seller'sAddress Rifle, Colorado 81650
e e
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Parcel E-401 to be useJ cs a
Duel Plir poso Eo s emenl:
From Slo . 676•50 to l'"o s t Prop.
Line -To Cvnslru:I 0 11 A c.:e s~ Roo d.
From Sta. 668•99.3 h East Prop.
Lin e -For o Ull!lly E,.;,minl to be
Deeded lo Publ:c S er ·,ice Co .
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~~ CBID dQo&~o.D
JAMES I. LAY NE a J UANITA M. LAYNE
Lota ~.6,8 7, Soc. 1:5
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' [.L E-402 10 be desdcd f r om C.D.O.H. to / • I
Juanita M. Layne / • -------------I L '"" s .. ''"' ' '" ,.,,;,, '°'~" •02 " •o• . I
NOTE ; E-402 10 be des d
--Ja mes I. La yne a
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