HomeMy WebLinkAbout1.0 Applicationo
BEFORE T-r{E BOARD OF COUNTY CGDIISSIONERS CF GARFi-ELD COUNTY COLORADO
. PSTITION FOR EXEI'IPTION
Pursuant to C.R.S. LO6-2-33(3)(d)(1963), as amended, the undersigned,
OLM M. HET SCHKEL respectfully petitions the Board of County Conrnissioners of
Garfield Cor:nty, Colorado, to exempt by resolution, fron the definition of
subdivision contained in the above-referenced statute, the following-described
parcets of land, composing together one contiguous parcel:
A tract of land situated in Lot 9 of Section 1, Tornrnship
7 South, Range 89 Irbst of the 6th Principal Meridian, Garfield
Count,y, Colorado, bounded on the West by the Westerly line of said
Lot 9, on the i{orth and East by the Southerly line of a County
road as constructed and in place (o1d State Highway No. 82) and on
the South by a deep gulch, said tract being more specifically
described as folloros: '
Beginning at a point on Ehe Westerly line of said Lot 9
whence the Northqrest corner of said Lot 9 bears N. 00o38' W.
729.35 feet; thence \. 00o38' w. 507.00 feet along said Lot line
to a point on the Southerly line of said County road; thence S.
56o30'30" E. 308.36 feet along said county road; thence S. 54023147'l
E. 329.23 feet along said County road to a point in the center of
said gulch; thence S. 87o40' L'. :'8.99 feet along the center of said
guLch; thence N. 64o30' E. f80.00 feet along said gulch; thence N.
73"23'24" ll. L05.62 feet along said gulch; thence N. 77oL9'18" w.
138.35 feet along said gulch; thence S. 16"09'40" l{. 293.20 feet
along said gulch to a point on the l{esterly line of said Lot 9,
the point of beginning.
Also a parcel of land situated in Lot 10 of Section 1,
Township 7 South, Range 89 West of the 5th Principal Meridian,
lying Easterly of the center of the Roaring Fork River and Westerly
of the Essterly line of said Iot 10, said parcel of land being
described as follows:
Beginning at a point on the Easterly line of said Lot 10
whence an iron post vith a brass cap found in place and properly
marked for the Northeast corner of said Lot 10 bears: N. 00"38'00"
W.545.57:' thence S.00o38'00" E.183.78 feet along rhe Easterly
Line of said I-ot 10; thence S. 71'31'07" West L55.59 feet to a
point in the center of said river; thence N. 17"45'3L" West 83.11
feet along the center of said river; thence N. 48o56'30" E. 239.20
feet, to a point on the Easterly line of said Lot L0, the point of
beginning
Ihe above-described parcels of 1and, together, contain a total
of 2.032 acres, ruore or 1ess.
Said exeruption is requested for the following reasons set forth herein:
1. The undersigned has agreed to selI all of the above-described property
to her neighbor residing irmediately to the East of the undersigned, No:cnan Histand
and Grace A. Ilistand.
2. Upon transfer of the above-described property said property will become
contiguous with the property of Norman Hist.and and Grace A. Histand and will enlarge
and be added to the property which the said Histands now o\rn, and, conversely will
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decrease the size of the property now owned by the undersigned.
3. Ihe abwe-described property was transferred and conveyed to the
rmdersigned by separate deed, aLthough said deed r{as recorded prior to the enactment
of the above-referenced statute, and therefore at the time said statute was enacted
the parcel-s a-bove-described and the remaining Lands of the undersigned courposed one
co,mplete and contiguous tract.
4. ltre undersigned requests that a resolution be granted allowing the division
of the above-described parcels and the transfer to Norman Histand and Grace A. Histand,
so that said parcels may be conveyed or transferred together in the future as one
compl.ete tract, but separate and distinct from the additional lands now or^med by the
sErid Nornan l{istand and Grace A. Histand.
5. the undersigned has obtained a letter from the GarfLeld County Environ-
mental Health Officer, a copy of which is attached hereto, which said letter advises
that a standard septic tank and absorption field system may be Located on the above-
described parcels.
6. There is presently situated within 800 feet or closer to the boundaries
of the above-described parcels five water welIs which are now producing potable water
on a consistent basis. These wel-Ls rre owned respectively by Williarn Slattery,
400 feet fronr the described property, the undersigned, 8OO feet from the described
property, Alvin Cerise, 400 feet from the described property, and Jim Mi11er, 600
feet from the described property, Norman llistand, 200 feet from the described property.
It is further the understanding of the undersigned, that the said Norman Histand and
Grace A. Histand are the ovmers of Fitch Well No. l under Per:urit No. 23987, that said
well is currentLy producing potable r^rater in sufficient quantities to ser:ve any
additional residence which might be constructed on the above-described parcels. If
the cqumissioners deem'it advisable it is herdby offered by the undersigned, in
conjunction with the said Norman Histand and Grace A. Histand, that the cormissioners
may make it a condition for the issuance of such resol.ution that water be furnished
to the aborre-described property, or any improvements thereon, frmr the aforesaid
Fitch WeLL No. 1.
7. The undersigned further states that it is a condition for the tramsfer
and sale of the above.-described parcels to the aforesaid Norman Histand and Grace A.
Histand that said parcels, taken together, mBY be used only for the construction of
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one single-family residence, and such restrictions will be contained in the deed
of conveyance.
8. Ttre undersigned applicant further believes that the division and transfer
of the above-described parcels, as one complete parcel, is not within the intention
ax1d the meaning of the terns 'rsubdivision" and'bubdivided land" as contained within
the above-referenced statute.
WHEREFORE, applicant requests that Ihe Board of county connrissioners of
Garfield County, Colorado grant her an exemption for the division and transfer of
the above-described parcels, as one compl.ete parcel totaling 2.O32 acres, more or
less, to the aforesaid Norman Histand and Grace A. Histand, and that the resolution
specifically a1low for the transfer in the future, if necessary, of said 2.032 acres
as a separate and distinct parcel by the said Norman and Grace'Histand, their heirs,
successorl and assigns, from the rest of those lands adjacent to said 2.032 acres
which are now owned by the said Noruran Histand and Grace A. Histand
,- rl
Dated at GLenwood Springs, Col-orado t'h.j's ! / -day of May, L974.
live 1"1. lleuschkel
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EARFIELD trtrUNTY
ENVI i?trNN4trNTAL HEALTH
GLENWDtrD E;PRINGS, CtrLORADtr EI6Ol
14 BLAKE AVENUE PHE NE 945-7255
Board of County Commissioners
Garfield County
Glenrvood Springs, Colorado 81601
RE:l,-etter-cf Feasibility f,or Sewage DisposalMrs. Olive M. HeuschkelTract of land situated in Iot 9, Section 1, Township 75,
Range 89 West, containing 2.032 acres (more or less)
GenL1emen:
Based on the information received by this office and past
experience r.vith sewage disposal facilities in the irnmediate
arla of the proposed exenplion, it has been determined. by this
office that on-IoL se\,rage disposal facilities are both feasible
and pract.ical, conunensurate r.,'ir;lt both county and state regula-
tions, provid.ed that prcper: permits are obtained prior to con-
struction.
It should. be further noted that due to the following con-
ditions
NO special conditions
only the follorving types of on-Iot sewage disposal systems would
be acceptable:
x standard septic tank and absorption fieldfrrx septic tank-dry well
pre-engineered treatment plant and subsurface dispersal
area
sealed subsurface evapo-transpiration system
vault (rvith alarm system)
. other as specified:
If r.re can be of any possible further assistance, please do
not.hesitate Lo contact our office at 2014 Blal<e or call 945-7255.
gincerely,
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Lamont L. I(inkade, R.p.SDirector
Environmental Health
Edrvard L. FeId,
Garfield County
Deputy Sanitarian
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A tract of lano si Ifuaf c,J i ri Lot 9 of section I , T,rw;-rsr ,i;t 7 S..:.:tri R,:nqu Cj iiest of ra.; otirPrincipal iicridi.in f i.1..; County, ilolL)fciuo, U()unue.t
T7 q R ae // CF THf 67H p/ry
gn Tl').:^ *cst iv .tn,j ,.--;.
'j us?'^ i +:'fr l,'i!ft;.-ry=: t:*,t t-saiij Lof 9, on tlrc h .lnu r-'as-l by the Souttrerl! I ines,l.-i+-ft1'gt and O,l south Lry tr Jeep gu lcir,
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Lot 9 b,:r.rrs i UJe i.'1;e.5, fe;ur;
seginrrirrg at o p<rin
to a ooint ontr}'&!3.
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tii-- ljcsferly line of s.'il LoT ji whgnc: t: ,., i,ori nv;.::i i.i-,rn.-.r- -; s._i_
the.nce r .,r".y-t . (-GJ.U . r::rri 'U,:4; Jll;1.J H5z-tir7 tt-.1 )
Liuro :'rt, t t.'. iJJ .tt} f .r,rT .: lr-,rlrri Sir i.r' I .,;- | i ;:l;thc Southirly I iri.. of sai
/vAp oF
A TRACT OT LAND
S/TUAT€D /N
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sat thencc 5.)4o 251 4J" 1.. i2gr z) tcet .; l,)lte 3.J i puinl iri ti,e cunicrof sal,.: gulch; thence s. lj7" 40r'ii. f5.gg ect rrlcng the cen'ier <rf scic !j: I cir; -li'ronce ;i. ir4o50t t. ld0.J0 feet alon '*.1 s;r i j g;u I ch; thence i'i . 7 -Jo 23i 24" ',{. 1q1i.62 t'':,et al.ong s.:i,J gu I cir;thence li. 77o I ,lr ,l J,lfd.iu feet along s.,i.i ,-.;ulclt; fhence S. lb, 09t .iu",i')3,)i ie-talong solrJ gulch t<.; a i..oi nt cn the iiesturl'7 I in.; of s.,i.,i Lot 9, the poirt of t;eq I in I ij'-:.
Tho above-ticscribe<i tr.ct of lan,-r cont.:ins 1.49 acre ?, rnore or less.
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--'--. February 5, 1974
l'w.c;' = /u Efanr N/r//EfD PL,?ST/C CnP:,
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GARFI ELD COUNTY
COLORADO
A parcel of land situated in Lot lC of Section l, Township 7 South, Range 89
lr/est of the Sixth Principal l.4eridian, lying Easterly of the center of the Roaring
Fork River and rilesterly of fhe Easterly line of said Lot 10, said'parcel of land
i s descri bed as fc I I ows:
BeEinning at a point on the Easterly line of said Lot l0 whence an iron post
rvith a brass cap founC in place and properly marked for the Northeas'l Corner
of said Lot l0 bears: N.00oJ8rOO" i^1. 545.57 feet; thence S.0Oo38f0O" E. 18i.78
feet along the Easterly line of said Lot l0; thence S.7lc3l t07'1 W. 165.59 feet
to a point in the center of said river; thence N.17" 4513 " W. Bf .ll feet along
the center of said river; thence N.4A'56r30t' E. 239.20'feet, to a point on the
Easterly line of said Lot 10, the poinf of beginning.
BE4Z/IUGS FOE Ttq/S
SUE//f,f ,e?f FEO/V G.l.O.
PL,ET 6T D/EEC7- S/GHTBtrl/y'ffN 7-l/F tva. d /Y. t {.
COENEES OF LOT /O,
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.542 acres, mcra or less.
SCAIIIIOI,' AND !.'AI-KER I NC.
Robert A. l'lams ley
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Registered Land Surveyor
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COIONINO
PETITION FOR EXEMPTION
Pursuant to c.R's' (.l973) section 30-28-l0l(10)(a) - (d)
and the subdivision Regu'lations of Garfield county, colorado,
Sep tember l, 1972 and amended April 14, 1975' Sections I '02'1
,1)n/
as amended,
adopted
7(d) and
:'(y
3.02.0.l , the undersigned
respectfully petitions the Board of County Commissioners of Garfield
County, Colorado, to exempt by resolution Po,l/,/ r J
noJ-
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morefu]lyhereinafterdescribed,fromthedefinitionsof "subdivision"
and,,subdivision'land" as the terms are used and defined in C'R'S' (.I973)
Section 30_2g_I0r(a) - (d) and the Garfierd county subdivision Regu'rations,
for the reasons stated below:
ln n k" () r/1 <t r e LLsn, I ln.
?"tLL of Gnr:-nJ and Cr"ut+a Q /qrcAl
bound, 7 /-rnq \
Submitted at Glenwood Springs, Co1orado' this tl ,A day
l9 77of
O)//ar.no',.+t oner
Recoldcd
Recepfion N
"t..-....-.|...---o'clock---.-id',
RECORDEB'S STAMP
Tgrs lxorxrunE, Made thig 15th dav ol July
19 74 ,,betgeen
NOR},IAN HISTAND ANd GRACE A. HISTAI{D
whoseaddressic OO27 167 noad, Gtenwood Springs,
;;;;;ia;rf ield and state of Colorado 8L601
part of the first part, and the Public Trustee of the
County of Garf ie 1d iu the State of dolorado, party of the
gecond part, Witnesseth:
TEAT WEEREAS, the said
NOR},IAN HISTAi{D ANd GRACE A. IIISTAI{D
ha ve executed one
principal eum of
FortY-one Thousand
promissorT note bearing even date herewitb for the
and no/100 ($41,OOO.OO) -Dollerr,
whogeaddresais 5109 154 Road, Glenwood springs, coJ'orado 8160L
>qfde$€r,6xfftrrffiffirptvith interest thereon frou the date thereot at the rate of 5b
-
pet ceat per annum')ffFUBx
principaL ana interesi snaU b.;t;1e in semi-annual installments' the first sa
installmenr to be doe and payabre tn or before March 1, ]fzs .ln the amounE of
$2r2gT.g6,togetherwith2gsuccessivesemi-annualinstallmentsof$2r000'00each
due and payable on or before SePtember L and,l4arch L thereafter' together with a
Last and final instaLlment of gi,S8i.++, including the balance of principal and
accrued interest, which shal1 t.-i""-and'payable oi or before },larch r-, 1990; each
instaLlrnent shaLl be applied first to aclrled interest and the balance Eo unpaid
pr inc iPa L ;
AND WEEREAS, The aaid part ies of the tirst psrt are degiroua ol recuriag t'be payaent ol thc
principal and interegt ol saiil promissory aoto in whose hands soever t'he eeid nots 5!ffifloo{firil may be'
NOW TEEREFORE The said part ies of the first part, in consideration of the premiseg, and for the puryose
aforesaid, do hereby grant, bargain, sell and convey unto the said party of the second psrt' in tmst forever'
the following deseribed property, situate in the County of Garf iel-d and State of
Colorado, to wit:
PARCEL 1:
A tract or rand situated in Lot 9, secti.on 1, Township 7, south, Range 89 west
payable to the order of OLNTE M. IIEUSCH(EL
of the 6th P.Mr r* described as foLlows i
'Beginningat'3'pointontheWest]-ineofsaidLotgwhence,thenorthwest
corner of said iot g bears North 0o38r West 729.35 feet;
thence North 16o09r(Qrr f,ast 293.20 feet;
thence South 77oL9 'l8rr East 1-38'36 feet;
thence SouEh 73o23t24tt East L05.62 feet; '
thence South 64"30r East 18O.OO feet; right-of-waythence North 87"40r East 38.99 feet, to a point on the south
line of Colorado StaEe Highway No' 82;
tt"rr"" f.fo.tt 54"23'47'r West altng said right-of-way 329'23 feet;
thence North 56o30t30" West along said right-of-!'ay 308'36 feet"
more or less to the West line of said Lot 9;
thence South OOo38'O0r' East' 5O7.OO feet more or l-ess to the point of
beginning
%1of1andsituatedinLot10ofSection1,TownshiP7South,Range89
WestofthesixthPrincipalMeridianrdescribedasfolLows:
Beginning at, a point on-the Easteriy line of said Lot 10 whence the
Northeast Corner of said Lot 10 bears North OO"38tOOt'West 545'57 feet;
thence south ooo3'8'00" East 183.78 feet a10ng Ehe Easter1y line of
said Lot 10;
thence south 7L"3L'O7" West L65.5g feet to a point in the center of
the Roaring Fork River i
thence Norrh L1"45131ttWest 83.Ll feet along the center of said rlver
to a point which is south 48"56u3O" WeeE of the point of beginning;
thence'North 48"56r30" East 23g.2O feet to the point of beginning'.
Nc 810A. DEBD o, n'usrFr!ur'rl!'!m,h:l*$',f4g.t*:fffi'o, o,on& -r.?t
Recorded
Reception 2
230 A.
27i,h day of March
FITCH and MARY E. tr'ITCH
M.,April lO | ry3
../ .:noot 442
.gph.F...F-.r........Becorder. Pa ee 5 6 5
RECORDER'S STAITIPTRrs Dnro,
19 T3 , between
Made this
JACK C.
of the County of Arapahoe and State of
Colorado, of the first part, and
NORMAN H. HISTAND and GBACE A. HISTAI'ID
of the County oJ Garfiel-d' and State of Colorado, of the second part:
WITNESSETH, that the said partles .of the first part, for and in consideration of the sum of
TEN THOUSAND Eight Hundred and No/l-00--------
SIAIT DOCIJI'{TI{TARY FTT
APR t 01973
G,kl**q*?*-
DOLLABS,
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to the said part les of the first part in hand paid by the said parties of the second part, the receipt whereof ir
hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenaucy in common but in joint tenaney, all the fotlowing described lot or parcel of land, situate, lytns and
being in t}e County of Garf ie-l-d' and State of Colorado, to wit:
ATTACHED:
LEGAL DESCRIPTION
A tracL of land situated in Lot 9, Section 1, Tpw.nship 7 South,
Range 89 west, 6th P.M., Garfield county, colorado, described as follows:
commenclng at a point on the west Line of said Lot 9 whence the
Northwest Corner of said Lot 9 bears North 0:38'West 729.35 feet; thence
North 16o 091 40" East 293.20 feet to the true point of Beginning:
Thence South 77" L9t 18" East 138.36 feet;
thence south 73" 23t 24t1 .East 105.62 feet;
thence south 64" 30t East 180.00 feet;
thence north 87" 40t East 38.99 feet;
thence south 54" 23t 471t East 135.75 feet;
thence south 28' 00r West 70.00 feet;
thence south 4L" 34r West 51.50 feet;
thence south 56' 56r West 42.70 feet;
thence south 74" O4r hlest 44.90 feet;
thence south 86" ll-r West 5L.20 feet;
thence north 86" 4Lr West 62.L0 feet;
thence south 86" 13' West 24.70 feet;
thence south 64" 59 t l^Iest 36.60 feet;
thence south 36" 4Lr West, 27.60 feet;
t,hence north 00o 38r West l-L2.00 feet;
thence north 37" 2Br 20'r West 350.726 feet
cont,aining 2.16 acres, more or 1ess.
to the point of Beginning
Together with alL weL1 rights and well waters used upon and appurteuant, to
the above descrlbed property.
(ttr:-s Deed is given to correct emors containe( in Deed
d.ated. February 23, 1973 record.ed. asbc. No. 257271in Book )+\f at Page 353 of the records of the Office
of the Clerk and Record.er of Garfield County, Coloracio. )
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No. 921. WARRANIf DEEI!-To Joht TcnrDt&-Bndlord Publiahlnr Co. f82{.18 Stost strut, Denvu, Colondo-o-?2
.If by natural DorBon or Deraonr horc tnsert Damo or D8mea; t( by Deraon acung to r€pr€seDt8uvo or offlclal cspeclty -or a!
attornotr-fn-fact. thEn lnsort uame of DerroD ea erecutor, attorney-ln-fact or otler capaclty or descrtptlon; l! Dy qttlce-r o! _cor-ooiatlon then lnsert name of Buch otflcer or offlcera a! tho prelldent or otb6r offlcerg of auch corporatlo!, nemlDS: lt.-Etatrlaony
Loknousleilgmeat, Sec. 118-0-1 Color&do Revlsod Statute! 1968.