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HomeMy WebLinkAbout1.0 Application) RECEIVED GarjieUIAf(J(}tmty Community DeveloP\iWil1IV!eOOI)[fj)@)/lMENT 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970} 945-8212 www.garfield-county.com ~ JI'~Pc~(!) F ~RRUlcrA'TI(!)N 0 Administ rat ive Review 119 Limited Impact Review 0 Major Impact Review ._-_. 0 Amendments to an Approved LUCP =~ = I 0 Location and Extent Review 0 Development in 100-Year Floodplain 0 Des ignation of Flood Fringe/Floodway 0 Rezoning OUR OMIR ~SUP OZone DistrictO PUD 0 PUD Amendment -0 Minor Temporary Housing Facility 0 Vacation of a County Road/Public ROW 0 Pipe line Development 0 Comprehensive Plan Amendment o Major 0 Minor Owner/Applicant Name: Howdy and Diann Robertson Mailing Address: 22505 Highway 6 0 ULUR Text Amendment --0 Appeal of Administrative Interpretation 0 1041 Regu lations -l 0 Variance , Phone: (.9.1lL.) 625_9353 City: ____ ..:R"'i"'f"'1"'e ________ State: ",C0.:o..._ Zip Code: -'S"'1"'6.=.5""0 ____ _ E-mail: howdy@man-tex.net Representative (Authorization Required} Name: .Tabu Parrjngton Phone: (--Sl.O_J 618 2262 Mailing Address: 0145 County Road 225 City: ____ -'R.::i:::f-=l.=e ________ State: CO Zip Code: -=S-'1-'6.::5.::0 ____ _ E-mail:=======t::a:::l:=l~y~ho:::c:::o~n~s::t:::@:::s::o::~p~r~is~.~n~~:t~::::::::::;:;::::=::::::::::::::::::::::::====,=-=-=-=-=== Project Name: Mantex Welding Assessor's Parcel Number: -' 1_.L l -...L.....l...L -....Q.. -lL --L....!L.JL Physical/Street Address: __ ""1S""7",9,--,C",o,,,uO'-n,,,t YL..CR",o",a",d,--"2,,,6-'.4i, R",l",' f",l",eo.o'-"C",O-,,-S "'16"'5"'0"--_____ _ Legal Description: Secti,on 13, Tmmship 6, Range 94, TR in NWSW as described in Site Plan attached, Zone District: __RL G_S_ __________ Property Size (acres}: _2_,_S_7 ____ I -! I J ---,---~~--~----------------,-----~ ) ) ~~~~-------~---.---.--~---~-----.------.-~-------.~~-~ PROJECT DESCRIPTION Existing Use: storage yard ~nd office/wa;;;-ilOuse structure (Resolution 80 290) expansion of an existing office/warehouse and additional vehicle parking (Resolution 84-200) and fabrication cabinet making, woodworking, metal wor ing, gJa~dng and machjning (Resollltjon 20 11_7 5) Proposed Use (From Use Table 3-503): _R_L_GS ___________________ Description of Project: Add a 50' x 60' building to this property at 1879 County Road 264, Rifle, for storing parts for his fabrication bus inss. TREiiil.nisTf F0R WAIVERS Submission Requirements o The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: _____________ _ Section: _____________ Section: _____________ _ Waiver of Standards o The Applicant is requesting a Waiver of Standards per Section 4-117. List: Section: Section: _____________ _ Section: Section: _____________ _ --I have read the statements above and have provided the required attached information which is e ,:?,Of mv knowledge. '0 Date -~~--:~----~~-=-=-=~-===-==-=1 File Number: tWA ·l~U _ FeePaid:$ 5CO · -._--------------0FFIGIAL USE ONLY ) ) c:e Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") __________ _ _ _ ____----'H::::o"'w.::d. y.. a"'n"'d::.....:D"'i"'a"'n"'nc...::R"-o"'be"'r"' t"'s'-'o"'n'-__________ agree as fa Ilows: 1. The Applicant has submitted to the County an application for the following Project: __ _ Mantex Welding Special Use Permit 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Ap'plicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Howdy Robertson Phone: (~)_6"'2"'5=-""'93"_'5'_"3'__ _ _ Billing Contact Address: .....:.2c2c5:....0:..:5_ ,-c·Hc=i"'&=hw=ay'-,_6=-· -___________________ _ City: _ _____ _ "R.l...i.f .l ""e"-_ ______ __ State: .l.cQ.u __ Zip Code: ...118.1.1n .6JJ50-'-___ Billing Contact Email: _-'h"'o'-'w"d:..z.y-'@"'m"a n"-t=-:e"'x",'-'.n,,e"'t_ __________________ _ Howdy Robertson (Date) REVIEW CRITERIA FOR A 50' x 60' x 18' STEEL BUILDING TO BE USED BY HOWDY ROBERTSON AT 1879 COUNTY ROAD 264, RIFLE 1. Comply with all requirements of this Code: Answer: Right now, this property does comply with the Land Use Code because the property owner, Howdy Robertson, has complied with all the conditions set forth in Resolution 2011-75 of the Amended Special Use Permit he received for this property on December 6,2011. 2. Do not conflict with the Comprehensive Plan: Answer: In adding a 50' x 60' x 18' steel building to this property, Mr. Robertson, by applying and being granted a land use change permit through the County and with meeting all the terms of Resolution 2011-75, is not in conflict with the Comprehensive Plan. 3. Do not change the character of the Development: Answer: Mr. Robertson's business site is totally fenced with a chain-linked fence. The buildings are new or being renovated to make the total business site more attractive. By adding a new 50' x 60' much needed parts building will not change the character or devalue the property. 4. Do not alter the basic relationship of the Development to adjacent property: Answer: Mr. Robertson has worked with his neighbors to be a good neighbor. For example, changes to straighten out address conflicts abide by the terms of Resolution 2011-75 where they relate to the environment, noise levels, and air and water quality of his neighbors' properties. With all the changes and addition to his business, he is not aware of negative comments about his business. Adding a 3,000 sq. ft. building will not alter the relationship of Mr. Robertson and his adjacent property owners. 5. Do not change the uses permitted: Answer: With Garfield County allowing expansion ofMr. Robertson's fabrication business, Mr. Robertson has found the need to expand his parts inventory for this business. With outside parts containers (conex units) not being allowed by use, Mr. Robertson has chosen to follow County codes and guidelines provided in Use Table 3-503, where it allows for accessory building uses. The new building does not change the permitted use. Robertson: 2013 Review Criteria Created on: March 3, 2013 Page 2 of2 6. Do not require amendment or abandonment of any easements or rights-of-way: Answer: Position of a new building does not require amendment or abandonment of any easements or rights-of-way. 7. Do not increase the density: Answer: Addition ofa new 50' x 60' building will not require any additional staff (density) as there is a parts' person now already accounted for in the twelve (12) employees allowed by the Land Use Change Permit. 8. Do not increase the zone district dimensions to an amount exceeding the maximum dimension in the applicable zone district in Table 3-201: Answer: Property statistics: a) 52' x 100' building b) 52' x 40' building c) 50' x 50' office = d) Proposed 50' x 60' bldg. Total 5,200 s.f. 2,080 s.f. 2,500 s.f. 3,000 s.f. 12,780 s.f. Lot size is 2.87 acres 125,017 s.f. 12,780 s.f. of 125,017 s.f. 10.22% Even with the new building, the property is not above the 15% allowed by Table 3-201. 9. Do not decrease the amount of the following to an amount below the minimum required in the applicable zone district. a. Amount of dedicated open space: Answer: We cannot find in the documents that we have reviewed any reference to allotment of open space. b. The size of or change in the locations, lighting, or orientation of originally approved signs: Answer: No signage change is needed for the new building. Lighting ofthe new building to be done according to electric permit requirements and Resolution 2011-75 requirements. ) ) =E' Gar/reid County Community Dcvclopmcnt I}cpartmcnt 108 g'" Sft'cct, Suitc 401 Glcnwood Springs, CO gl601 (970) 945-8212 www.gal.licld-coull ty.com TAX PARCEL NUMBER: 2175·132·00·148 PROJECT: Robertson Expansion OWNER/OPERATOR: Howdy and Diann Robertson DATE: March 8, 2013 REPRESENTATIVE: Howdy Robertson, John and Rob Parrington, Tally Ho Construction, Inc. PRACTICAL lOCATION: 1879 County Road 264 ZONING: Resource lands -Gentle Slopes TYPE OF APPLICATION: Amendment to An Approved land Use Change Permit -Determination whether the proposed expansion is a minor or major modification. I. GENERAL PROJECT DESCRIPTION The Applicant wishes to add a 50' x 60' building to his property located at 1879 County Road 264, west of the City of Rifle, Colorado. This structure will be attached to the existing office building and used for storing parts for his fabrication business. The subject property has been approved by the Board of County Commissioners for the following land uses: Storage yard and office/warehouse structure (Resolution 80-290); Expansion of an existing office/warehouse and additional vehicle parking (Resolution 84-200); and, Fabrication -Cabinet Making, Woodworking, Metalworking, Glazing, Machining (Resolution 2011-75). A Land Use Change Permit was issued subject to the conditions of approval set forth in Resolution 2011-75 in March 2012. As per Article 4, Section 4-106 of the Garfield County Unified Land Use Resolution of 2008, as amended, amendments to a land Use Change Permit requires an Applicant to submit an application in order to determine if the proposed amendment is a minor or major modification. II. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Unified Land Use Resolution of 2008, as amended (ULUR) • Amendments to an Approved Land Use Change Permit (Section 4-106) • Tables contained in 4-102, Common Review Procedures; and 4-201, Submittal Requirements III. REVIEW PROCESS 1. Pre-application Conference. 2. Application. 3. Determination of Completeness. 4. Evaluation and Determination bv Director. IV. SUBMITTAL REQUIREMENTS Amendments to an Approved Land Use Change Permit -Table 4-201 lists General Application Materials (Application Form, Statement of Authority, Letter of Authorization, and Fee) and narrative addressing Article 4, Section 4-106 (C) of the ULUR. As per Section 4-201 (B), the Director may request additional submittal information to adequately review an application. This information includes: Payment Agreement Form, Pre-Application Conference Summary, Deed, and Site Plan of the property illustrating the proposed expansion. Submit three (3) paper copies and one CD. Additional copies may be requested upon determination of completeness. V. APPLICATION REVIEW a. Review by: Director/Staff for completeness and determination b. Public Hearing: .lL Director Review/Determination _ Planning Commission _Board of County Commissioners _ Board of Adjustment c. Referral Agencies: Not applicable. VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 300.00 b. Referral Agency Fees: $ TBD -consulting engineer/civil engineer fees c. Total Deposit: $ 300.00 (additional hours are billed at $40.50 /hour) ) ) General Application Processing Planner reviews case for completeness, Planning Director reviews application and makes a determination, The pre-application meeting summary is only valid for six (6) months from the date of the written summary, Disclaimer The foregoing summary is advisory in nature only and is not binding on the County, The summary is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate, This summary does not create a legal or vested right. Pre-application Summary Prepared by: 796611 01/03/2011 11 :18:01 AM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $70.00 eRecorded WHl!.N R~cOnDtl) nETURN TOr POBox6J13, I'lI/lIthla,CO 116H SPECIAL WARRANTY DEED . 3Q THiS SPECIAL WARRANTY DBED Is made 0 1\ December)1, 2010 hetwUn OF; S 71).1)1) Source ClU Dlst rllm i!oil, LLC t'Gmntor"), du ly orgMi:zed and oxlsting under the iaW1 of the State of COLORADO Ho"dy Robertson fi nd Diann Roberison ("Omnlce"), asjo!n! l(nHnlS whose legal addre~s is PO Box GIl 3, Parachute, CO 81635 WITNess, that the Grantor, for and ill consldeml ion of seVEN HUNDRED THOUSAND AND OOflOO DOLLARS (S100,000.00), the receipll'lnd sufficienc), of which is hereby acknowledged, has granted, bargained. sold and (onveyc.d and by these presents doos grllnt. bargain, sell, convey lind wofinn unto the Gmnlee and the succcssors lind nssigns ofthD Granlee forover, all of the Tul pruperty. tot,ether with Ihe fixlUfes ond improvements located thereon, if fill)'. situate, lying and being in the County of GARFIELD and Slate of COLORADO, doseribtd as follows: Also Known As: 1879 County Road 2M, Rifle, CO 81 416 TOGETHER WITH, 1111 and singulH tho. hereditaments and 8ppu rte !lB n~ llierelJnlo belonging. or in anywise appertaining, and the reversion and roversions. remainder and rM'I3inders, rents, issues and profits Ihereofand aUllle eslate. righI, litl e, [nteresl, claim and demand whatsoever Gf lhe Grantor, ehho\' in law or in equity, of, in and to lhe ~bovo bargllined premises, with tho hereditaments and appultenances. TO HA VI! AND TO HOLD tile Slid premi3es IIwve oorgalned and described., with the appurtenances, unto the GrMlee, ils successors and essigns forever. Tho Granlor, for ihel( and ils Success()C"S and O5slgns, does covellBllt and al1ee that il shall and will WARRANT and FOREVER DEFDND the above btrgainod premises in lhe quiet and peaceable posse~ion of the GrMlee and the suc.cesSQrs ftnd I1ssigns of the Grantee, i1gainSi all and every person or pc:rson! lawfully claiming Ihe \~ho l e, or any part thereof. by, Ihrouth or under the Orantor. EXECUTED AND DELrvERED on Ihe dete set forth above. STATEOP: COLORADO The foregoing inslnlment was acknowledged before me on DcGembet*, 2010 by Doug Whitefoot, as Sell;or Vice Presidenl ofOpet1l.tions for Souree GIIS Di5fribllllon, LLC. My Commission ExpirCi: DEED-SW File No. I'03S6578 Q.:td (Special W.mlnl)') , \ 796611 01/03/2011 11: 18:01 AM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16,00 Doc Fee: $70.00 eRecorded Exillbit A A PARCEL OF LAND LOCATED IN THB NW v~ AND SW 1/4 • SECTION (3, T6S, R94W, 6TH P,M., GARFIELD COUNTY, COLORADO, WHICH IS MORE PARTICULARLY DBSCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS N 68 DEGREES 43'1$" E 383.32 FEEIT FROM THE WEST QAR'TER CORJ\lBR or SAID SECTION 13; THENCE N 62 DEGREES 16'35" B ~oo.oo FEET; THENCES 27 DEGREES 43'25" E 250 FBET; THENCE S 62 DEGREES J6'35" W 500.00 FEET;THBNCE N 27 DEGREES 43'25" W 250.00 FEET TO THE POINT OF BBGINNING, CoUNTY or GARFIELD, STATE OF COLORADO. BOOK 810 PlGE9!J() RHO~O,D AT (}J9 RE C r. o· ~ l. 0 C ~ /l . :.! • AUG .13 J991 .' . ~-:1L[U :: ~ ~L~l> J RF , LJU .\I 1 Y (l :. q .< ASSIGNt1ENT OF RIGHT-Oi'-VlAY AND EASEMENT (Rifle Office Building) .'Ii No.rthwest Pipeli ne Corporati on ("Northwest"), a Delawar-e o corporati on, whose address is 295 Chipeta Vlay, Salt Lake City, Utah 84158, for a nd in considera ti on of Ten Dollars ($10.00) and other good and val uable consi deration in hand paid, ass igns , tra ns f e rs and conveys all of its right, title, and i n terest i n a nd to t hat c er t ain right--o f -way and easement dated November 13 ,1984, -a nd r ecorded November 30 , 1984 in book 660 , page 719, recoL"ds of Garfield County, Colorado (the "Right-of-Way") to I'lil liams Fi e ld Servi ces Company, a Utah corporation ("VlFS"), whose address is 295 Chipeta Vial', Salt Lake City , Utah 84158. Northwest represents anct warrants that it is the -lawful owner of the Right-of -Vlay and has full power a nd authority to convey _it to I'IFS. Dated as of this /sf day of _-~J~V~r/~7 ________ , 1991. NORTHI'IEST PIPELINE CORPORATION By d2.-..:..-~rl~ Tim J. H sler , Vice Pre side nt State of Utah ) ) : County of Sal t Lake) The f.oregoing instrumen.t was acknowledged before me this dStJr day of ~ , 1991, by Tim J. Hausler, the Vice President of North#est-Pipeline corporation , on behalf of the corporation. My Commission Expires : TmoJnship 6 Sou t h, Ra nge 91, '"..es t.: Section 13 : NWr; P: \ l ot\ olgr\rof. · REGISTER NO . • ~'<C;?}.3 ;:.:: . .! ;.,'-'/;:;'.,' .<' : ::;:' , .. . " J' DESCRIP'rION OF 'FACILITIES' "An .ea:s~ment · f~~.<"the u~~ ;;,£,", a wa t er \';'~·li . a~d·~.bi..tiied water· line-'to s,uppl'y · · Grante~r.s . ":· .p a.rc~i ',with .domes.ti:c. 'water'." · -," . .. .. . . ' . .. by . ," I·' Grantor . reser·v~s·: the right' :t~ u~~: wa:t~~ f rom t'h'e;" afdrementi~~~d water. ~ei.i·. · '. .. . . .. '. . , -:-~ . ,,:, . DESCRIPTIONOF PRO~ERTY SITUATEDIN '.' :· GARFIELD : COUNTY. STATE OF COLORADO. o . • • • ~ Subdivision ' ~ ~~tion To~!lSJ.1ip . Range o~. Block _. . ):k:~' M. .-~r ." ',( " Abs~ract· No . . ",', . ,;-, " NW!,; 13 . ' ,6 'So.uth 94 West 6thP.M~· ."., "More' parti~u'larly 'd~s~rib'~'d as ' f6~low~: . 'c~~en'ci~g" ~t th.~ · BiM " c~~a~~~~~ ~~~ey: MonJme~~ ;f6r': th~ "~uar~er ·co;rn~r:·:'cq~o~: ' to Section:. 13 and 14; ~aid '.Tciwnship and Range;" thence N . . 6So '03'30" :E;. 480:: S9 feet ' to a water well casing; ' 'the~ce ' s;·: 49° .. 39.". 30'" E. :Along .. the bu.riecl" 'wat'er .. line 101.3 f ·eet · to the water .. ·line·. 'ris,er' . that . en.ters·· . the. ·~.uildipg :~· . .'. . . <.'. WITNESS THE EXECUTION HEREOF THE 13th DAY OF NOVEHBER 19 84 '.~ \A ~ . ':.: A,D, Pu~chas~ ' 2 . 87 acres, office~ Rifle . Distric·t, Clough G. S ~ W. F. Clough, AKA Will,zm F~. Clough waizhouLss~e~------~~----------~~~----------~--W/O ' 19747 Dwg, No, Tope. R/W ·840106 Grant .No. G-l ',F9RM ~~~' lO.~'~·.3 (2/~4'1 " Umsrm NO. cOfGI15 WITNESSW ilAND AND·OFFICIAL . . :, ·.MY·, Cb~ssi.on _ e,XJ'ir,;'s : ·Cfi--5>88 .' ·'·,-nM -,H .. -'-I~)'" .. ' II . ......•. l.~.. r.".·... 1.h e.tJ.1f . .. ·fO ,,8..4 .? 0 (). ' .. ' . . ~ ... ~~t-;;~:t:u~Lj /of -()900 '," ... '. GARFIElD CQUNTY .... ·············adoli~l. _ ........... ,o .. 1Bf8Ia . --, . . .. i.·~~$'".,+0G ...•.......•. . '.-: 502135 n-I0021'-616 12/09/J.996 03,31P PG t OF 3 REC OOC NCff MILDRED AT51XlHF GARFIELD COUNTY CTHlK AND HECORDER IS.00 20.00 SPECIAL WARRANTY DEED TillS DEED, Made this 5th day ofNovcmber , 1996, between WILLIAMS FIELU SERVICl!:S COMI'ANY, a corporation duly organized and existing under and by virtue of the laws of the State of Delaware, grantor, and KN EN I!: I~ GY, INC., a Kansas corporation whose legal address is 370 Van Gordon Street, l.akewood, Colorado 80228-8304. WITNESSETH, That thc grantor. for and in consideration ofthe sum ofTEN DOLLARS (S I 0.00), and other good and valuable consideration , the receipt and sufficiency 01' which is hcrcby acknowledged, has granted, hargained, sold and conveyed, and by these presents does grant, bargain, sell, convey. and confirm, unto the grantee, its successors and assigns forcver. all the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described on Exhibit A attachcd hereto. TOGETHER wilh all and singular thc hereditaments and appurtenances thereto belonging, or in anywise appertaining, ami 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 grantor, either in law or equity, of, in and to the above bargained premises, with the hereditamcnts and appurtenances; TO HAVE AND TO HOLl) the said premises above bargained and described with the appurtenances, unto the grantee, its successors and assigns forever. The grantor, for itself. its successors and assigns does covenant and agree that it shall and wi ll WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, its Sllccessors and assigns, against all and every person or persons claiming the whole or any part thereof. by, through or under the grantor, subject to: I. Liens for propelty and si milar taxes not yet due or, if due, bcing contested in good laith by appropriate proceedings. 2. Materialmen's, mechanics' and other similar liens or charges arising in the ordinary eO UTSe of business for Obligations not yet due or, if due, being contested in good faith by appropriate proceedings. 3. Easements that do not interl;,re with the use of the property conveyed herein lur the purpose of which it is currently used . 502135 1>-1002 1'-8t7 t2l09/1998 03: 31P PG 2 or:l IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its duly authorized Vice President, and its corporate seal to be hereunto affixed, attested by its Assistant Secretary, as of the date first above written. WILLIAMS FIELD SERVICES COMPANY tOhiiyTowiis~nd, Assistant Secretary By _St:J'_ -~,-v-::=--~-()~~--___ Steven J. Malcolm, Its Sr. Vice President State of Oklahoma ) ) ss. County of Tulsa ) The foregoing instrument was acknowledged before me this 4th day of November, 1996 by Steven J. Malcolm as Sr. Vice President and Lonny Townsend as Assistant Secretary of WILLIAMS FIELD SERVICES COMPANY, a corporation. My commission expires July 10, 1997. Witness my hand and official seal. ~~, '-'" "-'-, .;; hL':h ~, Notary Public 502135 13-1002 1'-618 12/09/1996 03::l1P PG:1 OF 3 EXHIBIT A A parcel ofland located in the NWV. and SWv., Section 13, T6S, R94W, 6th P.M., Garfield County, Colorado, which is more particularly described as follows: Beginning at a point which is N 68' 43' 15" E 383.32 feet from the West Quarter comer of said Section 13: thence N 62' 16' 35" E 500.00 feet; thence S 27' 43' 25" E 250.00 feet; thence S 62 ' \6' 35" W 500.00 feet; thence N 27' 43' 25" W 250.00 feet to the point of beginning. Said parcel contains 2.87 acres more or less. Ref: LN 84106 Rifle Office • /1III ~.II:tIIIo~I""ILWitDilll',I!I4"W~III~'N 11111 Recept,on~: 723383 05/16/2007 03 : 28 :63 PM B: 1927 P:00B6 Jean !=Ilberico 1 of 2 Ree F •• :$11 ,00 Doc Fee :0 .00 GARFIELD COUNTY CO PREPARED BY: Aaron P. Roffwarg, Bracewell & Giuliani LLP, 711 Louisiana, Suite 2300, Houston, Texas 77002, Tel. (713) 221-1427 AND WHEN RECORDED MAIL TO: Debbie Goble, Kinder Morgan, Inc., 370 Van Gordon Strom, Lakewood, Colorado 80228 SPECIAL WARRANTY DEED KINDER MORGAN, INC., a Kansas corporation with an address of 370 Van Gordon, P. O. Box 281304, Lakewood, Colorado 80228 -8304 (formerly known as K N Energy, Inc., also formerly known as Kansas Nebraska Natural Gas Company, Inc., also formerly known as Kansas Pipeline & Gas Co. and successor in interest to Northern Gas Company, by merger) ("GRANTOR"), County of Jefferson and State of Colorado, for and in consideration of Five Dollars ($5.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to SOURCE GAS DISTRIBUTION LLC, a Delaware limited liability company ("GRANTEE"), whose legal address is 370 Van Gordon, Lakewood, Colorado 80228 of the County of Jefferson and State of Colorado, the parcels of real estate situated in Garfield County, Colorado (the "Property"), together with all of Grantor's right, title and interes~ if any, in and to (i) all improvements located on the Property, and (ii) all and singular, the rights and appurtenances pertaining to the Property: A parcel of land located in the NW 1/4 and SW 114, Section 13, T6S, R94W, 6th P.M., Garfield County, Colorado, which is more particularly described as follows: Beginning at a point which is N 68 degrees 43'15" E 383.32 feet from the West Quarter corner of said Section 13; thence N 62 degrees 16'35" E 500.00 feet; thence S 27 degrees 43'25" E 250 feet; thence S 62 degrees 16'35" W 500.00 feet; thence N 27 degrees 43'25" W 250.00 feet to the point of beginning. Said parcel contains 2.87 acres more or less. Also known and numbered as 1879 264 Road, Rifle, CO This conveyance is subject to all matters recorded in the real property records of Garfield County, Colorado and all matters that would be revealed by a current, on the ground sUlvey of the Property. Grantor warrants the title against all persons claiming by, through or under the Grantor but not otherwise. Signed thi$& day Of\",_~...L..I==='-______ ' 2007. GRANTOR(S): Ki~de~ MI2~ BY:._ ___~ __~ ~~ __~ ~~~~~ _____ Print Name:_-"D",a"n",ie,,-I =E.~W,-",a. ts.." "o,-,n _____ _ ItS: ____ -"-Vl>ice"'-'p:.!.r"es!!.!id"'e"nllt __ ____ ~ 1879264 Road, Rifle, CO Page t of2 ~---------------------------- ------------- I • 1III MI'~ 11~1II1,M1~lMtM lP.rrfll(I.~L'4I"MI~ 1IIII ReceptionM: 723383 06/16/200703:28:63 PM 8,1927 P,0087 J.an Alberioo 2 of 2 Reo Fee:S11.00 Doc Fea:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) 55. COUNTY OF JEFFERSON ) r /, .. ,('J/The foregoing instrument was acknowledged before me thisf)f!jj:day Of_~...Jt:.-'=<zc=_~ ___ 2007, by Daniel E. Watson Witness my hand and official seal. My commission expires: 1879 264 Road, Rifle, CO --~~RL~~H~.-J~O~H~N~J~. , NOTARY PUBLIO STATE OF OOLORAOQ Page 2 of2 BOOK 810 P~GE9!:;Q ASSIGNMENT OF RIGHT-Oi-WAY AND EASEMENT (Rifle Office Building) Northwest Pipeline corporation ("Northwest"), a Delaware corporation, whose address is 295 Chipeta Way, Salt Lake City, Utah 84158, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, assigns, transfers and conveys all of its right, title, and interest in and to that certain right-of-way and easement dated November 13 ,1984, and recorded November 30, 1984 in book 660, page 719, records of Garfield County, Colorado (the "Right-of-Way") to Williams Field Services Company, a Utah corporation ("WFS"), whose address is 295 Chipeta Way, Salt Lake City, Utah 84158. Northwest represents ano warrants that it is the lawful owner of the Right-of-Way and has full power and authority to convey it to WFS. Dated as of this /sr day of 1,. ~v~J~y_ ________ , 1991. -I NORTHWEST PIPELINE CORPORATION By c1k..:....~rl~ Tim J. H sler, Vice President State of Utah ) ) : County of Salt Lake) The foregoing instrumen.t was acknowledged before me this c2gi::h day of ~ ____ , 1991, by-Tim J. Hausler, the Vice President of Nort~~ipeline Corporation, on behalf of the corporation. My Commission Expires: TO'i-mship 6 South, Range 9LI hest Sec t :i.o n 13: Nt,!!:, P: \ lot\agr\rof-' 502135 B-1oo2 P-816 12/09/1998 03:31P PG 1 OF 3 REC DOC NOT MILOOED ALSOORF GARFIELD OJUNT'Y CLERIC AND RECORDFR 16.00 20.00 SPECIAL WARRANTY DEED THIS DEED, Made this 5th day of November , 1996, between WILLIAMS FIELD SERVICES COMPANY, a corporation duly organized and existing under and by virtue of the laws of the State of Delaware, grantor, and KN ENERGY, INC., a Kansas corporation whose legal address is 370 Van Gordon Street, Lakcwood, Colorado 80228-8304. WITNESSETH; That the grantor, for and in consideration of the sum ofTEN DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described on Exhibit A attached hereto. TOGETHER with all and singular the hereditaments and appurtenances thereto 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 grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee, its successors and assigns forever. The grantor, for itself, its successors and assigns does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor, subject to: I. Liens for property and similar taxes not yet due or, if due, being contested in good faith by appropriate proceedings. 2. Materialmen's, mechanics' and other similar liens or charges arising in the ordinary course of business for obligations not yet due or, if due, being contested in good faith by appropriate proceedings. 3. Easements that do not interfere with the use of the property conveyed herein for the purpose of which it is currently used. 502135 B-1OO2 P-617 12/09/1996 03:31P PG 2 OF 3 IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its duly authorized Vice President, and its corporate seal to be hereunto affixed, attested by its Assistant Secretary, as of the date first above written. Attest:".. '. ~~yzd Lonily'Townsend, Assistant Secretary WILLIAMS FIELD SERVICES COMPANY BY_~~.'~ ~~t?==-_ Steven J. Malcolm, Its Sr. Vice President State of Oklahoma ss. County of Tulsa The foregoing instrument was acknowledged before me this 4th day of November, 1996 by Steven J. Malcolm as Sr. Vice President and Lonny Townsend as Assistant Secretary of WILLIAMS FIELD SERVICES COMPANY, a corporation. My .commission expires July 10, 1997. Witness my hand and official seal. ~\'-"'~ .{ hLchk' Notary Public 502135 B-1002 P-618 12/09/1996 03:31P PG 3 OF 3 EXHIBIT A A parcel ofland located in the NWV. and SWY<, Section 13, T6S, R94W, 6th P.M., Garfield County, Colorado, which is more particularly described as follows: Beginning at a point which is N 68° 43' 15" E 383.32 reet from the West Quarter corner of said Section 13: thence N 62° 16' 35" E 500.00 feet; thence S 27" 43' 25" E 250.00 feet; thence S 62 0 16' 35" W 500.00 feet; thence N 27 0 43' 25" W 250.00 feet to the point of beginning. Said parcel contains 2.87 acres more or less. Ref: LN 84106 Rifle Office c,' ;,hllaJ.!'I'.1)11iW.A1: "NP,EASEIoIENT ~ ·FACILITY~~·,~rQ·a~~.III~ e<1···.'·9:P'gck,'! •..•.. , .. , M,'£ijO',-aQ;19S1":;}j 'i ;',~';i ""~'{i'.Jt;!q,' ',,"". ','. '. "",!lecepll~n N~,~I)!i4MI~oReD ALSDOIIF;REC;()RPER,!) ~.', .ST:o.'I'EOF ,COLORADO .• ' .'"", ' ","'" • ,','" ,', .' 'GARF',ELD COIJN1'(.,C'gLORAilD" ,', COUNT: OF GARFIELD ., """."., ', .. , ,'., , .... , •... , ..... ,., .•.• ', •• ' ..... ,. , '.'.," ,.'. 8OO~:'600;;,;;ki'I9: -KNOW 'ALL-MEN By',THESE"I~RESENTS,:tliat the unde~signed.-__ h:erelnafter refe_rr~d to as Gran_toi'"j~r.a'nJ'in:c~~ ~lderation· " ' olth, sum ol·TEN DOL,LARS AND OTHER CONSIDER~TIONS,. 1,0 ,ile Grantoiln'h.,nd'p.id by NORTHWESTPIPlilLI!'IE , COEU~O~ATIQN. a corporation, herein~fter ~·efe.rre:d toas Gra_ntee.-th,e r~lceipi 'of which is hereby ack_riowledgedl.does hereby gl's_nt; sell. an~ convey linto ~id ·G·~a.lltee; its s~cces~ors an~ ss,!Jiglfs.-a right ~f W!li and eas~ment ,tj) h;iC8:te. construct. maIntain and oper/!-te . the ~ereinafter '~described Jici.l.lties, 'NUh.: appu.rten~nces. th~r~to; .on the' hereJnafter. described:·land." . ....'. . ... . /. " This grari't' silaU ·carrY':.with 'it t~e right.of ingres.s and eiITe·ss.t~ and from. llnd access ~n alld al~ng said .ia.nd •. with Jhe .righn~, .' ::,:,: :'~se ·exis.ting roa.ds,...ftn.:. 'the '·purpose··of cooStr;UCthlg, inspecti.ng .. '.:rep~iring and.·.rnall1.t<iining .. the facilities. and the. removal .or repl .. acement..of saine, at wiJI •.. ei.ther·hl.whole orin p~rt.·Gi:antee shall·h.ave: th~ right of..e.xd\1.sive·use. of any·portioJ:l.of said prop'erty occupied by Grante:e'.s)mprovemet;lts·wh!chare ·constru.c.ted on or a~ove. the·slir~llCidh~reof... ',', .. ' ." .. ',. -". . '.';';' ... . 'FO ~A y~: .;\~h :r.o' )IOLD the .above d~s~,ribed righ~s ca~d' ~~seti1el1tsi: t~g~th~r.·wi~h .~II Fights necessary t.o. opera~e' ~Il~ mamtam th~ facllitles.on thlj·e"aS~men.t hereby'grante4 unto the said Grantee, Its successors and assigns,. and the'Grante,e fIlay as,slgn the rights and easement.s terein granted. either in whole or,in part. s"u.bjl;l~t ,£,CI t~e' ,terms of this grant, and'such .rights and .easen:tents .".;. shall' be' coven.ants, runnh~g with the '!lind and· be 'bindi.ng 'upon .GrMltot, ,his heir:s, legal represerlt~tive,S anq .. success.or~ I,n., tiU~ •. ,''< ~:; , • th " Grahnt,',e ~aYtat a~dY: time;da~d Upon perm.arie!ldt ~ba,,·ndoflh"'lentl?r.shai~ 'eaSemt'h~t a.~dhtremf oval or.daIUmp~Ovetm'ndts,c,O~sh"luctnedd .,.:.{::~,;;;' ereon.s a execue an recor a r.econveyance'~J1, ,re ease., ,ereo. ,',w ereupon IS,rlg "0 way· an 'easl;lme'! ·an. a ",rl,g .. sa . . . privileges herein. mutually.' ~anted ~hall,be 'fully, cance.l~e~::and. termh.1ate~ .. '.. :, . ' '.", ' .. :' .'. " ...... , '.' .. :,' . Grantor represents. and warrant.s.:.~'aL he .. ·is the o~ri.er :in :fee:. simple .of the land herei.n.aft.er' described,·· subjed:only. to outstanding'mortgages; if,anY. now ()f record in said county, and in the eve;nt oldefault by Grantor"~, Grantee·shall have the',rIght to . discharge or redeem for G~antor, in whole or in part; any,mortgage. tax·or other lien 'oris"aid Jand alld thereupon be,:subrogated to 'such"Uen'anddghtsincid,entthereto':' ." '.,'~ .. ' . ",', ' , . '. ,"<','" ,,' .. : •. .'It i~. hereby' understood ·that·the parties securing this. grant in behalf'of .the.,Grantee are without."authority -to.-make 'any:', .-covenant or agx:eement nother.l;lin expre·ssed... .". ":'. .' ..... " ::." .:.'. DESCRIPTION OF FACILITIES . ,: . ".' I An easement for the use of a water ':well and buried water lip.e to supply' Gr~nt.ee':;s by parcel with domesti'c water'. Grantor. reserves the right to use· water from' the aforementioned water well. DESCRIPTION OF PROPERTY SITUATED IN Subdivision . Section 13 6 South More particularly described as follows: COUNTY,STATEOF COLORADO Range o~ Block 94 West B,,&' M. or Abstra'ct No. 6th P,M. Commencing at the BLH Cadastral Survey Monument ;for the quarter corner commol). to Section' 13 and 1"4, said :rownship and 'Rangej' thence N. '650 '03' 3011 E. 480·~89 feet to a water well casing; thence S. 49° 39 ,. 30lt E. 'Along the buri.ed water line 101,3 feet to the. water li.ne :riser that enters' the building. WITNESS THE EXECUTION HEREOF THE 13th DAY OF NOVEMBER 19 84 Witness to Sign ure(s) r ' ct Name: Purchase 2.87 acres, office, Rifle Distric't, Clough G.S. WIO 19747 Dwg. No, Topo R/W 840106 Grant No, G-l A,D, ~c.;i"i;'.,\il··,··~"··;-,~~~~«\,~:."",.; ! I :~-::i>~.;:~ .. ·., .,' '.:. '.:" " i ( ~!~~~¥;(ipi6li)cot6IiAnO.) . .... ) COUNTY OF .MESA ) WITNESS MY HAND AND OFFICIAL SEAL. My Commission exp1r'~s: q-S--88 GARfiELD COUNTY ••••• I (){) i,,, IJ Iv . Notary ublic in, an State 0 ,.C.olorado -__ .OM RmI83lI [,' ) ) 11111 W.. ~:nIM,lIIJI.NN MlLIWI+I(I.w,rnv.I"(l.~,,~ 11111 Re •• p~jon~: 811708 12/07/2011 11: 14: 1!12 AM Jean -Alber 1eo 1 of 7 Reo Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )SS COMty of Garfield ) At a regular meeting of the Board of C;:ounty Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 5th day of Dec ember A.D. 2011, there were present: ·",Jo""hn!L!!M",artin"",,· ~ ________ , Conunissioner Chainnan ""Mik".,' e." ,S""ams""",own~_---, _______, Commissioner 7To"'m:"-"'Ja"'w':'ko"-"v...,sk>Jy'--________ ' Conunissioner ~A.n.d..r.e" 'w ::,.>o<G..o. r. i. e".lYL---------~, County Attorney ~Car_"yIc'G~.a .llD. ..o l!!n'------------', Assistant County Attorney ",Je",an~A1""b!!i!en",'c "'o'-----______--.,._---", Clerk oft he Board .E."' -d.,.G"'re""en"--__________, COMty Manager (absent) when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2011-15 A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT, SUAA 6770, TO BUll..DING A 52.3' X 100' BUll..DING AND ADD THE LAND USE OF FABRICATION -CABINET MAKING, WOODWORKING, METALWORKING, GLAZING, MACHINING TO THE PROPERTY LOCATED OFF OF A PRIVATE ROAD THAT CONNECTS TO SWALLOW LANE, AND APPROXIMATLEY 0.30 MILES NORTH OF THE WEST RIFLE EXIT, AND WITHIN A PROPERTY OWNED BY HOWDY AND DIANN ROBERTSON, GARFIELD COUNTY PARCEL NO. 2175-132-00-148 Recitals . l'I.. The Board of County Conunissioners of Garfield County, Colorado, received an application for a Land Use Change Permit to build a 52.3' x 100' structure and allow ''Fabrication -Cabinet Making, Woodworking, Metalworking, Glazing, Machining" on the . subject property. B. The 2.87-acre site, depicted in Exhibit A, is located off of a private road which obtains access from Swallow Lane, approximately 0.30 miles north of the West Rifle exit, Rifle, 1 7 1/11 w. P:nIP1A',""I~~~ ~'II~I'('II't.W1r~I"iJI,~,~ 11111 Roooption#, 811708 12/07f2C!l11 11:14:02 Al'1 Jean Alberico 2 of 7 Reo Fee:$0.~0 Dco F89:0.00 GARFIELD COUNTY CO CO, and is within property owned by Howdy and Diann Robertson. C. The 2.87-acre site is described in the application documents and located within the parcel described in the attached Exhibit B and incorporated by this reference; D. The subject property is contained within the Resource Land/Gentle Slopes zoning district and a Land Use Change Permit to amend a Special Use Permit to build a 52.3' x 100' structure and allow "Fabrication -Cabinet Making, Woodworking, Metalworking, Glazing, Machining" on the subject property requires approval through a Limited Impact Review Process by Garfield County. E. The Board of County Commissioners is authorized to approve, deny or approve with conditions a Land Use Change Permit to amend a Special Use Permit to build a 52.3' x 100' structure and allow "Fabrication -Cabinet Making, Woodworking, Metalworking, Glazing, Machining" on the subject property pursuant to Section 1-301 and 4-105 of the Garfield County Unified Land Use Resolution of2008, as amended. F. The Board of County Commissioners opened the public hearing on the 5th day of December, 2011 upon the question of whether the Land Use Change Permit application, SUAA 7009, to amend a Special Use Permit to build a 52.3' x 100' structure aod allow "FabricationCabinet Making; Woodworking, Metalworking, Glazing, Machining" on the subject property should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. G. The Board of County Commissioners cl()sed the public hearing on the 5th day of December, 2011 to make a fmal decision. H. The Bo!U"d of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing has made the following determinations offac!: .1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. . 2. That the hearing before the. Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for'the above stated and other reasons, the Land Use Change Permit to amend a Special Use Permit to construct a 52.3' x 100' building and allow Fabrication -Cabinet Making, Woodworking, Metalworking, Glazing, Machining on the subject property are in the best interest 'of the health, safety, morals, convenience, order, prosperity and welfare ofthe citizens of Garfield County. 4. That the application, if all conditions are met, shall be in conformance with the applicable sections of the Garfield County Unified Land Use Resolution of2008, as amended. 2 ) ) \ ) 11II1lI"",,:nIP"ill',rIJI h\I.~L l~rcrfr,Ir.r.:~IfJl.~'~ 11111 Reoeotign#: 811708 12/07/20f1 1t:14:02 AM Jean Alberico S of 7 Reo Foe:$0.00 000 F •• :0,00 GARFIELD COUNTY CO RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: . A. The forgoing Recitals are incorporated by this reference as part ofthe resolution. B. The Land Use Change Permit, SUAA 7009, to construct a 52.3' x 100' building and allow Fabrication -Cabinet Making, Woodworking, Metalworking, Glazing, Machining on the subject property is hereby approved subject to compliance with .the following conditions: . 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Conunissioners. 2. The Applicant shall comply with all Federal, State, and local laws, regulations, and standards governing the operation oftbis type of facility. 3. All operations shall comply with all applicable Fedeml and State Public Health and Environment, Noise, and Air and Water Quality Control standards. 4. Vibration gencmted: the facility shall be so opemted that the ground vibration inherently Bl!d recurrently genemted is not perceptible, without instrnments, at any point of any boundary line of the property on which the use is located. 5. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 6. AlIligbting associated with the property shaD be directed inward and downward towards the interior of the property. 7. That the Applicant shall comply with the International Fire Code as the Code p.rtainsto the operation of this facility. 8. Prior to the issuance of the Certificate of Occupancy of the new structure, the Rifle Fire Protection District shaD approve the Fire Protection Water Supply Plan for the site. The Applicant shall obtain a letter or email of this approval and provide Garfield County Planning Staff a copy for their review. . 9. Prior tu the issuance of a Certificate of Occupancy of the new building, the Applicant shall provide Garfield County Planning Staff with a letter or email that the Rifle Fire Protection District is satisfied with all fire code related items on the subject property. 3 1111 V",~:nIIV.',"'I~fJI\~ rtl\I,r.W,lrll:ll«lfii ~I~ 11111 Reception": 8&1708 -12/07/201111:14:02 AM. .J ... n Alberico 4 of 7 Reo Fee:$m.00 Dao FQQ~0.00 GARFIELD cOUNTY C~ J O. Prior to the issuance of a Land Use Change Permit, a qualified engineer registered in the State of Colorado shall verify the adequacy of the size of the existing septic system for the proposed land ,use and number of employees or develop II new design and obtain a permit for the new septic system. Thisinfnrmation shall be submitted to Garfield County Planoiog Staff for review. II. Prior to the issuance of Land Use Change Permit, the .Applicant shall submit a drainage design and report to address the geotecbolcal report and Sections 7-206 and 7-207 of the Unified Land Use Resolution of 2008, as amended. This information shall be submitted to Garfield County Planning Staff for review. 12. Prior to theIssuance of II Land Use Cbange.Permit, the Applicant shall install all signage as specified in Colorado River Engineering's Traffic Study letter including a stop sign (Rl-l) or yield sign (R2-1) pieced at the driveway access approach to the private access road. Dated this b"'::' day of j)~ fuA... ,A.D. 20_'_' '. ATTEST: GARFIELD COUNTY COMMISSIO S, BOARD OF GARFIELD COUNTY, OLO "'"' ) J Upon motion duly made and seconded the ~ following vote: . on was/adopted by the -,/. COMMISSIONER CHAJRJOHN F. MARTIN 'mOR NAY ,:,C",OillMMI",!!,S~S!!!IO",NER~~M~IKE.."..,:"S'l>AM~S~ON,===-______ ~' OR NAY ~C",O~MMI~~SS~I~ONuE~R~TO~M~JnANK~~O~V~SK~Y~ ______________ , OR NAY STATE OF COLORADO ) )ss County of Garfield ) 4 J '. j 1m MI".':rlI~',NI~1M. NI-IIM4l~lt«lp« ~I~ "" I RecepUOft#: 811708 . ) . ) ) 12'07/2811 11:14:02 AM Jean ALbericD 6 of 7 Reo ~e.:$0.m0 Doo Fee:0.00 GARFIELD COUNTY CO I, • County Clerk and ex-officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Col11n1issloners for said Garfield County, nowin my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this __ day of , A.D. 20 _ . County Clerk and ex-officio Clerk of the Board of County Commissioners 5 111111". ~:rIlP"ll.',IW' 1l4iI,1'PI~lt+rtNol~II'WW,1oW. ~11I'"11 R.~.pt'cn~: 811708 12/07/2011 11:14:~2 RM Jean Alberico e ot 7 Rea Fee:$0.00 Coo Fee;0,00 GARP'IELD COUNTY CO ') I ). ) \ ) ., ) ) 1111 Wol.~:nI~',MI~ itIJ, *"Lt,Ir,~(I«~IM~'~ 11111 Reception#: 811708 12107/2011 11:14:02 RM JlUln Alberioo 1 of 7 ReQ F •• :$0.00 000 Fee:~.~0 GRRFIELO COUNTY CO EXHIBITB Legal Description of Subject Parcel A parcel ofland situated in Section 13, Township 6 South, Range 94 West of the 6th Principle Meridian, Garfield County, Colorado, more particularly described as folloWs: Beginning at a point whence the Quarter Corner common to Sections 13 and 14, said Township and Range, bears S. 67°08'39" W. 461.67 feet; thence N. 62°38' E. 420.00 feet; thence S. 27°22' E. 250.00 feet; thence S: 62°38' W. 300.00 feet; thence N. 27°22' W. 149.00 feet; thence S. 62°38' W. 120.00 feet; thence N. 27°22' W. 101.00 feet to the point of beginning . STATE OF COLORADO county of Garfield ) )ss ) Recorded at /0 : (?z o'clo<:k----'LM, SEP 1 71984 Reception No, ,355746 MILDRED AISDCRF, RECORDER G~RFI~LD COUrlTV, COLORADO ~IJOI( 656 PIGE869 At a regular meeting of the Board of COunty Commissioners for Garfield county, Colorado, held at the Commissioners' Annex in G1enwood Springs on Monday , the 10th day of September A.D. 1984, tbece were present: -_= Lhara~v~re~nY~ VJ~.e ~iC~ae~rsi~sqeu ~e§z~~=====,, cCoommmmiissssiioonneerr Chairman Eugene "Jill" Dl'lnkhouse , Commissioner Steve ZWick County Attorney Asst. -1~~1~dr£e~d~A~1~sdo~r~r_ _______ , Clerk of the Board When the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 84-200 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION BY NORTHWEST PIPELINE CORPORATION WHBREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from Northwest Pi~ellne ~orPQration for a Special Use permit for the expansion of an existing office/warehouse facility on the following descrioed tract of land: A 3+ acre parcel in the SW 1/4 NW 1/4 Section 13 T6S R94W of the 6th P.M. (in the state of Colorado and the County of Garfield); and WHEREAS, the Board held a public hearing on the 20th day of August, 1984, upon the question of whether the above des c ribed Special Use permit shQuld be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use permit; and WHBREAS, tbe ~oard on the basis of the evidence produced at the aforementioned bearing, has made the following determination of fact: " 1) That proper publication and public notice was provided as required by law for the hearing before the Board of County CODUl.issioners. 2) That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hear Ing • 3) That the proposed land . use will be compatible with existing and permitted land uses in all directions. 4) That for the above stated and other reasons, ·the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. • 600K £;156 pm8'('O NOW, THEREFORE, BE IT RESOLVED by the Commissioners of Garfield County, Colorado that a Special Use permit be and hereby 1s authori zed: APPROVAL ot the expansion of the Special Use Permit for Northwest pipeline as approved by Re~olution 80-290. This expansion shall inc~ude one additional building 30 1 x 40' in size, the exp~nslon of otfice facilities and additional parking for vehicles. In addition, the approval of the Special Use Permit shall be subject of the following conditions . 1) That the use of the tract of land comply with all peesent regulations of Garfield County relating to office and storage/warehouse facilities in the zone district in which the p!operty 1s loc~ted. ' 2) All proposals of the applicant shall oe considered conditions of approval. 3) That all conditions must be met within 120 days. 4) The special Use Peemit shall only be valid toe a period of 120 days feom the date of issuance unless construction or use has commenced thereunder: and if construction 0' use has not commenced within this specified period, the permit shall expire. 5) A legal and adequate wate~ supply for the 3 aore parcel Shall be obtained. Proof of this water s upply shall be submitted t o the Planning office prior to t he i s suance of the Special Ose permit . Dated this ~ day of September , A.D. 1984 • ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO 60D! 656 flGfS71 Upon motion duly made and seconded the forego1og Resolution was adopted by the following vote. =~L~F.la~vre~nr YJ~ _V iCe~e1r~isBe~ '9~U~'~'~~~i:========================::========jAA yyee Eugene "Jim" Drinkhouse Aye STATE OF COLORADO county of Garfield I, , Coanty Clerk and ax-offioio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affiKed the seal of said county, at Glenwood Springs, this day of , A.D. 19 _ county Clerk and ex-officio Clerk of the Board of County Commissioners ___________________________________ -' -': . ,. ,-STATE OF COLORADO COWIt)' of GadJtld .... At a ._ .. J:egulax:" ........... __ .............. , .... mutLa' of tJ:e Bo.'d of CoWlty CoJlllll1ssioneu fOI e>.rldd COllAtY, (ooodo, held at the Court HOUM in GhllWOod sptinpon_ ...Mond"¥-__ _ .. _ _ u_ '__ .• _ ..... ...... th . .. "J.,S.t.. .. __ . _ .... _ .. d&1 0f _..Ilea..embel:.. ___ ..... __ A. D. 19 .... 8.0_ . tbe:rn/""pre:se31: . .... .B.ichariLc... ... J.olllaY_ • Ce=rf,;oe"lf: CbaInnuI. ._ .. t>.ft2;.f.Y~_Y~.J.~§g"ll~~ ....... _ .... __ .... _ . CommbsiOZltl .. .f..l.~~,[i&!l. _ _ ._ ... ___ , Co ........... _N.Mll.I ..... ~,_lI.!>.P.!J!.Ql!.!p, Jr. , """"" All....,. _liAn~y. ... §I?ti.9X_~i!g~ Deputy _. CSakotdle8oanS wbtA the fl)llcwiDg p~ a.tQoD§I oth ... _c ~d and cSoo.. to.wlt.: RESOLUTION NO. 80-290 A RESOLUTION CONCERNED WITH TIlE APPROVAL OF A SPECIAL USE PERMIT APPLICATION EY NORTllllEST EXPLORATION COMPANY. WHEREAS, the Board of county Commissioners of Garfield County has received an. ·application from Northwest Exploration . ,0. Company for a special use permit for storage including a . storage yard and office/warehouse structure on the following described tract of land: A parcel of land situated in Section 13, Township ~ . ' 6 South, Range 94 West of the 6th Principal Meridian, Garfield County, Colorado, more particularly described as follOWS: Be9i~ing at a point whence the Quarter Corner common to Sections 13 and 14, said Township and Range, bears S. 67008'39" W. 461.67 feet; thence N. 62°38' E. 420.00 feet; thence S. 27°22' E. 250.00. feet; thence ·S. 62°38' tl. 300.00 feet1 thence N. 27022' W. 149.00 feet; thence S. 62°38' W. 120.00 feet; thence N. 27°22' W. 101.00 feet to the point of beginning; and WHEREAS, p~rsuant to required public notice, the Board conducted a publ~c hearing on the 20th day of October, 1980, upon the question of whether the above described special use permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said special use permit; and WHEREAS, the Board on the basis of the evidence produced at the aforementioned hearing, has made the following determinations of fact: 1 . The proposed use is compatible with the uses existing and permitted in the district in which it is to be located, provided that certain hereinafter contained conditions be complied with. 2. That neither the impact on traffic volume and safety or on utilities, or any other impact of the speciai use will be injurious to the established neighborhood or zone district in which the special use is proPosed to be located. NOW, THEREFORE, BE .IT RESOLVED by the Commissioners of Garfield County, Colorado, that a ' special use permit be and hereby is authorized permitting the use of the above described tract of land for storage, including a storage yard and office/warehouse strUcture, upon the following specific conditions: 1. That the use of the tract of land comply with all pr~sent and future regulations of Garfield County relating to storage in the zone district in which the property is now or may later be located; 2. That, p~ior to the issuance of the authorized special use permit, the above described tract of land shall be severed from any other tract of land upon which there may exist a principal use,. unless such other such principal use has been ter.minated at the time of the issuance of the special use pe~it; '3. That an adequate water supply shall be provided to the site prior to the occupancy of any structure, fu,a to the issuance of a certificate of occupancy for any structure, -provided however, that applicant may at its own risk obtain a building permit and construct the authorizeq structure pending provision of an adequate water supply. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIE~D CO~TY, COLORADO Upon motion duly made and uceadtd tl.t fongoing Rt$CILutloll wu adop~d by the roUowing vote: .. ...ru.cha.x:d ... C, ..... J.oll.e.y" .. """ .... _ ...... _ ..... "._.""."._""" .. ".Aye "_""ny".lltaJ..<l.G.qU!l. ...... """.""" ... "" __ ."" .•. _ ... ,,.,,,, •• ,, •...•. Ay • •.• f.l.axe.n ... C.e • .il!e .. " ... ".""" ............ _ .... "._,, ....... . __ .Ay. STATE or COLORADO Colmty or Gvfield I, _' .. "" ... " .. " ................ ".M' ... ~' .. " ...... _ .• ,_ .. '" County Clerk and e)Co(Imclo Cl!!rlt ot tb,. Doud ~f ColI.SI-ty Couunissiono.n ftI and fot tht County and St,Ut alore.sald do htfe~y ~y-tha.t the anAe)(e<\ and {or.gomg Otdu Is trulyoopled (toD! the Record$ of ~.Pro~4ding:I oflhe Board of County Commli:;iOl1tfl tor aid Garfield Co\l.l!.tY,.o.QW in my ottiee. IN wrnmss WHEREOF, I baY. hete\lJlto let my hili::!. and aWoXed the' uaJ. of &aid COWIty, It GI~wo(ld Sprlng-s, dl!s ___ """" .. ,day of .. , .. " .. " •• ,,,_ .... ,,, ... ,., .. ,._ .. ,, ... _ ••••• A, D.19 , ...... ".;". County Cluk uid ex~ffJdo Clvk ot the Boar4 of CoWl.tyCOlIIDIh:sioll1l'S. I ! I ! 7966110110312011 11 :18:01 AM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $70,00 eRecorded 0'" ""RECEIVED --;'I --yrn . .. WH(.N REConOi;1) RETUlIN ,0: PO 8M 61 I), Pauchule, co 81635 SPECIAL WARRANTY DEED THIS SP~CLAL WARRANTY' DEED is made On D=ccmbcr~ 2010 betWeen Sou"rct Gas Distribution! LLC ("Grantor"), !lilly organized and oxisting under the I ~ws of Ihe Stale COLORADO of MAR 2 1 2013 GARFIELD COUNTY )MMUNITY DEVELOPMENT Howdy RobertUln Dod Diann Robcrlson ("Grllnlee"), as joint lenanlS whose legal addr~S$ is PO Dox G113, Parachute, CO 81635 WITNllSS, fhlll the Grantor, fuL' and in cOlIslllerutiol1 of S I ~ VEN HUNDIU!D THOU:;AHD ANI> OOJ lOO nOLl..ARS (S700,000.00). tht! receipt nod sufficiency ofwh ~h i ~ ht:rcby ilclmowlcd,!;t(l, h"s gnllled, bnruained, ~o l d ami COIIVf.YcU ~ nd hy these I lrc.~elll~ do e~ gmnl, blllgain, sell, COfl'lCy lind (oolirl!! unto the Grontee and tho ~Vcc tsson uud assl~ ns of the GrF.nlr.c lorever, all of Ihe r~1I1I'rup'3rIY. together with the fixtures hllu ililprovumonlS !o;;lIted thelton, if \\IIY. :;ltu~ tt:, lying UIlIJ belli!! In the COL/my ofGARfmLD lind Stntc ofCOLOIlADU, dc,scliLefl ;11 folluw:; AlsO' Known As: 1879 CoumyRoad 264. Rifle, CO 81416 rOGBTHER WJTH, all ond singu\llf the hereditaments allll appurtenances thereunto belonging, or in anywise appenaining, end the reversion and reversions, rcmoinder and Jemllinders, TcnlS, Issues and profits thereof and al\ the eSlate, right, tille, interest, claim and demand wh8tso ~v er of the Grllllor, either in !lIW ur in equity. of, in find to the llbove bargaint:d prcmises, wilh the hereditaments and appurt~nanccs. TO HAVE AND '1"0 HOLD the lillid premises above borHained and described, with the nppurte.nances, unto the Grantee,l!s succell50rs and assigns forever. The Grantor, for Hselfa nd its successol'S and assigns, docs coven ~n t Dnd '8Tee that it shall ond will WARRANT and FOREVER DEFEND the above bargained ptemiscs in the quiet Ilnd peaceable possession ofthe Granteo lind the successors and assigns of the (irnlltee. !le,:\iIlSf all Md evel)' person or persons lawfillly claiming the \~hole, or any pnrt thereof, by, through or under the Grantor. EXECUTED AND DELiVERED on the dale set forth above_ STATBOF: COLORADO COUNTY Of: yt: l' f' £ IZ SO cJ The foregoing instrument wa, admowlcdgecl belare me on Dccembcr-2l'; 2010 by Doug Wllit(:.[ool, as Senior Vice President ofOpcttltions for Source Gas Distribution, I.-Lt. My Commission Expires: OElilhSW Notary Public . FileNo FIllS6S,g ~ (SI):cI ~ Wtlfll,l.tl') Bill of Sale KNOW ALL MEN BY TIlESEPRE.SENTS, That $ollrce Gill Dlstrlblltlon, LLC ofilie CounfybfG~rneid. in the Stale of COLORADO, of the fttst part. for and in consideratIon ofTEN DOLLARS ~rXJ oUler valuable cons19emfiOft to them III hand paid at or before the: onscaling or deli~l}' of these presents by RoWily RobertaoD aad l>tatln Robertson, ~ftbe Coonty of G .. rnekt in the SlIUe of COLORADO, of the second part. the receipt whereof is he~by lIoknowlcdged, blve b8tgainod:and sold, and by theae prffents do yant Ill1d c;()nveY unlo said parties: of the second \:18ft, their f:!xecutoll, admiolstra\or/l, !ltJC0e9SOrs or 8SSiWU, the following property, go005 ond ohattels, to wit J"I.l.l<1lIlUU. ltflnachDd 10 I1lt Property Dn Ille <Into (jftbiS" COr;ltar::t: Jighling, lieating, plumbin&,. \'tnlilll\fng, and mr condhionlng tlAlUfflS, TV ant;anas.lnsJdc telephQllc wIring 1UI0 CIlnner.tini bloeksl.la~. phmu, mfrrof~. floor ~OV~rillgIt Intercom spl4nls. bum·ln kitWlcn 1!'Plianus. lprlnkl(r Sysl.oms Jlld (,OOtl\lls, will·in VQcuum $.}'ilell\l: (Inc.lud!ng, atCOlwrlo.s), garJlgt door optnm hloNdlng Bli. remote OOCltIQls; lind t"i!lJing crMe III t'lldldlTtg Rod AU ftlJci1lg. 3,1.2. Ptnw~1 ProPflli),. If on the Property \'I1lelh~ illla¢bed or nat on !he lim (lflhls ~Illracl: ,\orm. wimiow •• ~Ionn door$, window and porch shades, awnings, bllndl, tc~n$. wlndQw ('Qwings. curtlll\ tCIIh. dftlptl)' rods, Iircpl4.:e Ins~lls. firoplllCe s~ns. ftrtpltce-JNIlu. hCJJtin.gstoves, 3totilge.smda Mld all keys. If checked, ~ (oUoWing are lne:lud«l: 0 \V,lu Softenf!rs) 0 SmokelFl~ Delbcto1'$, 0 Security S)'ittJlU, 0 $lIlblllfe S),,,lelTlJ (incl. 1II1el!lte diShes) 3.1.3. Other ludmioh$. '!'M Pen:onal p;operty to be c:on'tC)'ed {It Closing shall be conveyod by sellC:~~ atld dear of all taxes (OXoePI persotlai property taxes for !he year of Closing), li .. ns and encumbIlUlce.s. except 11:. .~. Conveyance shall be by bill of aale or oth~ applicable Iceallostrument. 3.1 .... Trl'ldc Ftllttll'$S. With respeot to lmolll Iixhu~~. So!ler and Buyer agree as follows: The Trade Fixtures to be conveyed it Closin& slIa"., be conveyed by Sell~ ~ DUd clw Qfllll,l:i\Xn (ex,c:epl personal property taxes for the year of Clotltlg), liM$' and Cfll;lumbrall«:s, ClKcept -LK._I_I~, Conveyance 5hall be by bill of sal~ or other applicable legal itufnlineJlt. 3.1.5. rarklllg and Sto_rage FaeUltlu, 0 Use. Only 0 O",n'PWI) afthe following parking fa~ilitle~: A; and 0 Use O»fy C Own'l'Sblp otltJe following sto.raae fBcilili~~: 411 . u . 3.1.6. W.ter Rlabts. The following l.e~Uy demlbed water rights: tV /I , Any watet rights shall be conveyed by 0 Dft<! 0 Other applicable-legal instrument. If well rights are tD be tnlnsf!!rred 10 Buyer, S~lfcr a~ iQ supply the required informaUon 10 Buyer for Buyer to submit, and elso, jf requIred, a Change in Ownerslljp fOIm as promulgated b)'tho CoI(llado 81(\10 ~nglnO«it'som~ The Well Pennit it is __ ~ 3.1.7. Growing Crop& With ~poot to growing crops, Seller and Buyer agree a.s follows: #11 3.2 ElCehl,ioM. Tho fuUuwin8 hems are ~duood: fo.v e Iocaled a11879 Counly RoAd U~ • Rift6t CO 81416 TO HAVE AND TO HOLD the same unto the said parties of the second part, their exeoulo~. adminisltlltotll, sllccessors ot assigns, fo~. And said pames of the first part, for themselves, their heirs, eXetutol'S, admlnistratol'3, s.uc~essors or as~~, COveRant and asree to and with thB parties oflhe second part, tlHtir exeCU1or.;, adminimtoD. SUGCe~Sors or assigns to WARRANT and OEPeND the sale of said proporty. goods and chattels, hereby made unto said parti~s of the second part, their eKecutors, administrators, su~on: Of asslgnl 'against all ood every person or persons whomsoever IN WITNEsS WHER,EOF', the parties (If the flIst part have htfwnto set their hands ti.lld socaJg this 21th day orDe¢elnbtr, 1010 Signed,Sealed and DeljvefCd in the Pmenae of SELLER: STATE OF COLOR/iDe COUN1Y OF ":n: 1-f €" 1<.5 0 N Witness my hand and official seal. MyCommisSionexpire.s: \\ -\ 7" ,9ol t.t LETTER OF'AUTHORIZATION FROM: TO: Howdy and Diann Robertson 22505 Hwy 6 Rifle, CO 18650 Board of County Commissioners Garfield COWlty We, Howdy and Diann Robertson, owners of the property at 22505 Hwy 6, Rifle, CO 81650, do hereby give authority to TALLYHO CONSTRCTION, INC. to represent us in matters dealing with the Garfield County CommWlity Development pertaining to the matter concerning the amendments to the approved Lane Use Change Permit (LPPA 7511). Howdy Robel·'I5Ol,Y DATED: 3 -,:1./-13 Diann Robertson