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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 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, Section 1.02.17 (d) and 3.02.01 the undersigned
Jimmy J. Rigoli and Betty E. Rigoli respectfully
petitioners the Board of County Commissioners of Garfield County, Colorafdo, to
exempt by resolution the division of 51 acre tract of land into 2
tracts of approximately 10 acres and 41 acres each, more or less, and
which tract to be subdivided is more particularly described as follows:
(legal description - attach senarate sheet
if additional space is required)
See Exhibit "A"
from the definitions of "subdivision" and "subdivided 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, for the reasons stated below:
In support of this petition, the petitioner also submits the following:
(a) Man drawn to scale showing proposed
lot subdivision and access
(b) Copy of deed
(c) Vicinity map
(d) State on source of domestic water
(e) Statement on method of sewage disposal
(f) 100 year floodplain information where
live stream crosses or adjoins said tract
(g) Fee in the amount of $ 60.00
(h) Evidence of the soil types
Submitted at Glen ood Springs, Colorado, this
Petit oner Joli
day of , 19_
'
Petitioner Bet E. Rigo
c/o Randy Wilso`i
P.O. Box 337
Mailing Address
Glenwood Springs, Colorado 81601
945-8585
Telephone Number
PORT/ON OF NE:5. 38, SirU.4TE iN SEC.
35`36, 74S, OF THE 6TH/CM
Recorded at. 1
Reception No
o'clock..._.__M.,....September '.Z 1971
9 Ella Stephe
Recorder.
Book 423
Page 1
THIS DEED, Made this 15th
19 71. , between
BETTY JEAN STEIMEL
day of July
of the County of Garfield
Colorado, of the first part, and
of the
and State of
RECORDER'S STAMP
SEP 2 1 1971
t CD
JIMMIE J. RIGOLI and BETTY E. RIGOLI
County of Garfield and State of Colorado, of the second part:
WITNESSETH, that the said part y of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable consideration ANOTAckRU
to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do es
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and
being in the County of Garfield and State of Colorado, to wit:
A tract of land situate in the County of Garfield and State of Colorado,
in Sections 35 and 36, Tp. 4 S., R. 91 W., 6th P.M. and particularly
described as: Beginning at Corner No. 1 of H. E. Survey No. 38 in
Tp. 4 S., R. 91 W., 6th P.M., from which the SW corner of Section 2,
Tp. 5 S., R. 91 W., 6th P.M. bears S. 43°19'20" W. 109.89 chains;
thence N. 3° W. 20 chains to Corner No. 2 of said survey;
thence N. 32° West 8.5 chains to Corner No. 3;
thence N. 17°30' W. 13 chains to Corner No. 4;
thence N. 2° East 6,8 chains to Corner No. 4A which is that point
of beginning ofthe description of the land conveyed hereby;
thence on the same course N. 2° E. 12.2 chains to Corner No. 5;
thence North 21°11' West 19.4 chains to Corner No. 6;
thence N. 78°39' East 16.87 chains to Corner No. 7;
thence S. 15°54' East 31.11 chains to private Corner No. 7A;
thence South 78°39' West 18.8 chains to the place of beginning and
being part and parcel of the H.E. of the heirs of Sarah Clinetop.
Subject to one existing month to month tenancy.
Together with any and all ditch and water rights appertaining to or
used in connection with said real property and including (but without
limitation) an undivided one-third interest in the Clinetop Ditch and
particularly Priority No. 49A and an undivided one-third interest in
the Clinetop Ditch No. 1 and particularly Priority No. 43A all in the
decrees of the District Court of Garfield County, Colorado, in and for
Water District No. 39.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 768. WARRANTY DEED—To Joint Tenants.—Bradford Publishing Company, 1824 Stout Street, Denver, Colorado —8-69
• 1
EXEMPTION
NAME : cPA.rvvw„1
PURPOSE OF EXEMPTION: /.0N42 QL.c/1Q,n
/0 ti jij •Ck Ad24i
Seca S-. 3d 71435 910
ZONING: AhVieZ
QUALIFICATION FOR S.B. 35
5 p4A-4
LOCATION OF SITE:
'7 mow, nb.d4 � "r?ztv
WATER: ,c.oS/
DIV. OF WATER RESOURCES RESPONSE:
SEWER: ,���_•
CHECK LIST:
FEE PAID ($50 +1.00/acre for each parcel created under 35 acres)
iC MAP showing proposed lots and access
DEED
VICINITY MAP
Pv/iii 100 yr floodplain info.
SOIL MAP
IF community water, letter of approval from governing body
COMMENTS:
• •
EXHIBIT "A"
A tract of land situate in Sections 35 and 36, T. 4 S., R. 91W. 6th P.M.
and particularly described as: Beginning at Corner No. 1 of H. E. Survey
No. 38 in T. 4 S., R. 91 W., 6th P.M., from which the SW Corner of Section
2, T. 5 S., R. 91 W., 6th P.M., bears S. 43°19'20" W.' 109.89 chains, thence
North 3° West 20 chains to Corner No. 2 of said survey, thence North 32°
West 8.5 chains to Corner No. 3, thence North 17°30' West 13 chains to
Corner No. 4, thence North 2° East 6.8 chains to Corner No. 4A which is
the point of beginning of the description of the land conveyed hereby;
thence on the same course North 2° East 12.2 chains to Corner No. 5 thence
North 21°11' West 19.4 chains to Corner No. 6, thence North 78°39' East
16.87 chains to Corner No. 7, thence South 15°54' East 31.11 chains to private
Corner No. 7A, thence South 78°39' West 18.8 chains to the place of beginning,
and being part and parcel of the H. E. of the heirs of Sarah Clinetop.
Together with any and all ditch and water rights appertaining to or used in
.connection with said real property and including (but without limitation)
an undivided one-third interest in the .Clinetop Ditch and. particularly
Priority No. 49A and an undivided one-third interest in the Clinetop Ditch
No. 1 and particularly Priority No. 43A all in the decrees of the District
Court of Garfield County, Colorado, in and for Water District No. 39.
EXCEPT reservations and exceptions contained in the United States Patent.
kiJ
• .
Book 423
Page 2
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said parties of the second part, their heirs and assigns forever. And the said part y of the first part, for
her self, & her heirs, executors, and administrators, do es covenant, grant, bargain and agree to
and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery
of these presents, she is well seized of the premises above conveyed, as of good, sure, perfect, absolute
and indefeasible estate of inheritance in law, in fee simple, and ha s good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from
all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature,
soever, except existing easements and rights of way of a public or private nature;
except reservations and exceptions contained in United States Patents; except
taxes for 1971, payable in 1972; and except a first and prior Deed of Trust in
favor of George W. Lewis and LaVerne E. Lewis dated and recorded November 16,
1970 in Book 415 at Page 19 as Reception No. 248124, which the grantees, parties
of the second part, hereby assume and agree to pay;
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said part y of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part y of the first part ha s hereunto set her hand and
seal the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF -COLORADO,-
-
County of GARFTFLD
ss.
n Steime
[SEAL]
[SEAL]
[SEAL]
\ , The foregoing instrument was acknowledged before me this 15th - day of July
- 1971,( b ';.BETTY JEAN S1'hThIEL.
• , *, Mycommission expires July 28 , 19 73 . Witness my hand and official seal.
• :-/t)e.
Notary Public.
• If by natural person or persona here insert name or names; if by persons acting in representative or official capacity or as attorney-in-fact,
then insert name of person as executor, attorney-in-fact or other capacity or description; if by officer of corporation, then insert name of such
officer or officers, as the president or other officers of such corporation, naming it.
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BRADFORD PUBLI5HINO