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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield- county.com AMENDED AND CORRECTED PLATS APPLICATION GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: 615 a ^l ~14-2 0 > Legal Description: 4o-1--_S -19-020 t3/ace—! / 2 s 14 ➢. Subdivision Name: 7'4 D Description of Proposal: 42)0-1,470--e 1,5:77-5 — 6 `f 9 -2,e7 / c'1,- P std 01J ➢ Name of Property Owner (Applicant): } Ftry FYI c / ➢ Address: ?.e ?%t Telephone: 90-577 L • City: P cl State: Zip Code: (l3S` FAX: -S • Name of Owner's Representative, if any (Planner, Attorney, etc): • Address: / SAO Cie 2-3-, Telephone: 94-9-57, 4 > City: State: de Zip Code; JUZZ FAX: 6z3-7-5213 STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: > Planner: Hearing Date: ➢ Zone District: RECEIVED 1 JUL 16 gge ,Revised: 11/21102 GARFIELD COUNTY BUILDING & PLANNING } GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for Ao't l vz(— (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and 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. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to. APPLICANT. APPLICANT 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, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature • Date: 7/ 7,4 Print Name Mailing Address: Page 4 4. Names and addresses of owners of record of land immediately adjoining and within two hundred feet (200') of the proposed amended plat, mineral owners and lessees of mineral owners of record of the property to be a part . of the amended plat, and tenants of any structure proposed for conversion. 5. Evidence of the soil types and characteristics of each type. 6. Proof of legal and adequate source of domestic water for each lot created (which may consist of proof described in Section 8:42(D) of the Subdivision Regulations), method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve. The Applicant shall sign the "Agreement For Payment" form and provide the Fee of $100.00 with the application. 9. Provide 2 copies of the Application. Staff will request additional copies once the application has been deemed technically complete. have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ( /7 Ignature of applicant/owner) D_ e 5 To Garfield County Building & Planning Dept. 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 To Whom It May Concern: Narrative: The four lots of 5000 square feet each are being combined into one parcel of 20,000 square feet in order to meet County setback requirements for the proposed building_ Harlan McElroy, owner ,1174.1 Ole July 13, 2004 To Garfield County Building & Planning Dept, 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 To Whom It May Concern: 1, Harlan McElroy, as owner of lots- 5,6,19,&. 20, Block 11, Travelers Highlands Subdivisipn authorize Terry. Kirk to represent me in all matters regarding the amended and corrected plat . application for the above lots. Harlan McElroy 7/6/4000,z---- July 13, 2004 . 3j1 28 04 11:4a i )5 9'749 GRAND VALLEY FIRE .PROTECTION DISTRICT 1777 E. BATTLEvIENT PA RKWAY PO BOX 295 PARACHUTE, CO 81 535 (970) 285 -9119, FAX (97O)2S5-9748 June 22, 2 004 Andy Schvvaller Garfield County Building 4. Planning Dept. 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Subject: Fire Protection Plan, for Harlan McElroy Andy, I have reviewed the applicant's request and have verified that it lies within the Grand Valley Fire Protection District. The project is not within the Town of Parachute, rather it lies approximately 4 miles to the west of Parachute, in a sub- division that was approved in 1962, in the Town of Oil Shale City, Colorado; 1. do not believe the town ever came about, but the sub- division still exists; and this is where the Scarrow Avenue came. from. I have talked with Mr. Terry Kirk, who represents the applicant and he has agreed to place a 2500- gallon watercistern on the property. The cistern will most likely contp'srz two (2) 1250= gallon tatik, piped together: This is acceptable the District. The applicant was also made aware of .access ' egress requirements, and knowing where this project. is, it should not be an issue. The remainder of this letter is the standard boilerplate requirements that the applicant was given. The applicant will need to provide the following minirnu'n tire protection practices as apart of their "Fire Protection Plan''. The options available to you include either a local water supply for each residence or a central pressurized water supply for all residence as well as fire protection spriniders, J3ecause ofthe size of your project, it woialr appear that the localized water supply systems. fNFPA 123.] and fire protection sprinkles mj ht he better suited to roviri such protect gin. Tth.e use of sprinklers in new , onstruction is always encouraged, and has proved to be both; cost effective and to have ma it the critical difference in the "saving of a structure ". The key elerient of a 13D system is to provide enough suppressant to get the occupants out of the residence. The . system is designed to provide a J 0- minute water supply. -,11 a normal urban setting, with prompt notification to the fire department, a response and extinguishment can be started during this .10- - minute time frame. However, with a will volunteer fire department, which -does not star fire station crews, response times can be much longer. Hence, it is hipped the sprinklers provided enough tirne for the occupants to leave, but the fire has =frost. likely continued to bum, and after the 10- minute period of eater delivery, the tire may again start actively burning. Fire sprinklers s .Jul 28 04 12:43a F el } 1 s7r• S 8748 are not required in structures less than 3500 square feet, however we encourage homeowners to consider their value and the benefits that they may provide in the event of an actual fire. The recorntehdations of NFPA 1231 are to have a water supply located within 150 feet of a residence, a 4 W' hydrant connection capable of providing 500 gpm and a capacity to be determined .b-y the square footage of the residence, After consulting other fire agencies within Garfield County, a minimum size • of 2500 gallon tank per lot is a reasonable requirement for residence under 3500 square feet. Sprinkler systems would be optional for residence up to 3500 square feet Residences over :3500 square feet will need to have both the calculated size storage tank and a sprinker system to provide initial knockdown capabilities. As far as access / egress requirements & defensibly: space, the Colorado State Forest Service has recommended using the NPPA 1144 standard, Protection of Life and Property from Wildfire. The Grand Valley Fire Protection. District, as well as the other tire districts within Garfield County, has adopted this as the standard within its boundaries. Other issues to he included and noted in the proposal are as follows. If a sprinkler system is installed, the requirettents for NFPA 13D wilt be adhered to A minimum flow of 26 gpm with duration of ten minutes or 260 gallons (see Section 2 -1) is required. The storage tank used for fire protection may be separate from that used for domestic use. If a hdrneowner wishes to combine the water supply for both the sprinkler system and domestic use, the requiretnents of the code shall be met, Annual inspection l maintenance and reporting requir•ernents of a sprinkler system are the responsibility of the homeowner. For structures over 3500 square feet, an approved fire protection sprinkler system will be required. > An agreement to use the water stored in a fire water cistern, in the event of an emergency, is not limited to the specific residence where it i$ located and that its use /need is at the discretion of th4. fire depart :vent. The water supply (fire water cistern) is for fire protection arily, not to be used for domestic use. If the homeowner wishes to combine the firewater cistern with domestic use water, an aciditivrtal amount of storage will be required to maintain the minimum required firewater protection capacities. If the above conditions are met and/or made apart of a plilt note to he a requirement of the new owner prior to the issuance of a building application, the Grand Valley Fire Protection District has no further concerns regarding this project. If•I can be of any assistance, I,rartTb a ached at (970) 285 -9119, or cell (970) 285-9851. -rl David A. Blair District Fire Chief, GVFPD Xc: Developer /homeowner Name File r u p.2 111_- 2 ? -20 ©4 16 :19 H —P GEOTECH P.02/05 Gth lirEPWORTH • PAWLAK G:GTECHN! GAL Icily 29. 2004 Terry Kirk 1500 County RORd 259 Rine. Colorado S 1650 Job No. 104 375 Siflieet.: Additkrrai Soil Description, Propose_! Commercial Building, Loge 5, 6. 19 . and 211, Blook 11, 1ravelr& Highland Subdivision, Scarrow Avenue, Near Una, Garfield County, Colorado Dear Mr. Kirk: As requested, we are providing a description for the soils encountered in the arca in response to item Amber 1 in the letter 5i.em the C arf eld County T3uiirli n g and Planning T)ep}r1'hneni to you, dated July 21, 2004 , The additional information is based on the soil survey area map and description published by the United States Dcpar1mcnt of ALrieultttre -National Resources Conservation Service (l.fS::)A ]vRC;S;t. The . inib maiian was provided by the USDA - NRCS office located in Olenwood Springs, Colorado. T32sec; on the USDA-MRCS soil survey map No. 683 ibr. the RZiile area. and parts of Crair.3ield. and Mesa Counties, the subject site is located an the area napped as soil type number 3, Arvada Loam, de,suription category Sal, Acconiing w the USDA - N:RCS - description, -the soil type is cltaracte•ized ss itavit g 1 too 6 percent slopes, Is deer and wcll.'•dr:aincd on fans and thigh terraces formed le high iy ssiliue alluvium derived from srrt,dstone and shale. The surface layer is .itrcngiy alkaline nr very strongly alkaline loam, abnui: 3 inches thick, with a silty clay loam :tulbsoil, shout 14 inches thick, and a silty clay loam sttbstratum to a depth ol'60 latches= Avai.lable water capacity is moderate and permeability is vary slow. !toot depths extend to 60 inches or more, Runoff is ennsideted medium 1.vilh a moderate erosion. hazard. If you have any questions or need further assistance, please call our ef'floa. Sincerely, 1.11 PWQRTiri - PAWLAIC GEOTECiiN(C.AL, Trevor T... Knell Ti.Klksw Parker 303.841 -7119 • Colorado Sprircg3 719. 633-5562 S1(verrhorne 970468.1989 10i`1,.10.404313 - Ci ,gPteCl JUL- 29 -20 4 16: i9 ,H -P pEOTECH •:i :PWORTH - PAWLAK GEOTECHN1CAL 1U111V 17, 2004 Revised July 27, 2004 'ITcrvy Kirk 1500 County Road 259 Rifle., Colorado 81650 P .03/05 31cnh +.r:,•i�;�c'];11: `.r�:;,;:.....!i::... iiac Ciol-u;,,,,' Job No. 104 375 Subject Observation of Excavation, Proposed Shop Ruilding, Lots 5.6,.1 9 and 20, Block 11, Travelers Highlands Subdivision, Searrclw Avelino, -Near Una, Garfield County, Colorado Dear Mr, kirk: As requested, arepresentative o'fHepworl'h4l-'awlak Uc,ote:chnical, inc. observed the excavation at the subject ject site on May 11, 2004 to evaluate the soils exposed For foundation support, The 1ii1dings of our observations and rtc'orrir? cndations for the fcwndation design are presented in this report. The services were performed in accordance with our agreement for professional eii giueering services to you, dated May 10. 2004. The proposed shop building will consist of a single story metal structure. Ground n00r will be slab -on- grads, We assume spread- footings will be used to support the btrildi.ag, At the time cif our visit to the site, the foundation excavation had bee,fl cut in one level from 1 to 3 feet below the adjacent ground surface. 'file soils exposed in the i ottoin of the excavation consisted of slightly clayey sand and silt, .Results Of swell - consolidation te:s�:irts� perfornned on samples taken fro n the bottom of the excavation, shown cSri Figures I and 3, indicate low compressibility under light loading and existing low moisture conditions. The samples showed a nil to lbw collapse potential (settlement under constant load ) when wetted and high compressibility under i.iscrcased loading, rifler wetting. No 'r :e water wad encountered in the excavation and the soils were slightly moist.. Considering the conditions exposed in the excavation and the 17ale11-e cif the proposed construction, spread footings placed on the undisturbed natural soil designed for an . allowable soil bearing pressure of 1,000 psi" should be used for support claw. proposed hop building, The exposed soils tend to compress when wetted and there could be some pc3 ±. -ccn tru.ctiolt differential settlement of the foundation if the bearing soils become me we t. The amount of settlement would be related to the depth and extent or wetting and settlement prone soils, Footing grade should be moistened and cc tnptact:etl prior to concrete placement. F ootings slusuld be a minimum width 01 20 inches for continuous wa! and 2 feet for colcri71i1s. Loose and disturbed soils in looting areas should be removed and the bearing level extended down to the undisturbed natural soils. .Exterior. :ix ings should be provided with adequate ;3 oil cover above. their bearing elevations kl frost proteelion. Continuous foundtuion waft; should be roi,iforee:.l top and. •151 ttom to spt;u local anomali es' such a.s.by assuming eiri unsupported length of at least 14 feet. F rrkcr .iCt3.841- 719 • Co4)1.6410 Springs 719. 633 -556 • Siiverthorie 970-465.-193.9 JUL- 29 -20O4 16:20 H -P GEOTECH 1 1 Terry Kirk Revised July 27, 2004 ?c3i?e ' • Structural Caul placed within floor slab areas can consist of the on -site soils compacted to at least 95% of standard Proctor density at a moisture content near optimum. :13ri kfill placed around the structure should be compacted and the surface graded to prevent priding within at least 10 feet of the building. Landscape that requires regular heavy irrigation, such as sod, and sprinkler,hcads should not be located within 10 'feet of the foundation. The recommendations submitted in this letter are based on our observation of the soils exposed within the foundation excavation and do not include subsurface exploration to .valuate the subsurface conditions within the loaded depth of foundation inliuenec. This study it based on the assumption that soils beneath the footings have equal or Letter support than those exposed. The rislc cif foundation movement may be greater than indicated in this report be(:ause of possible variations in the subsurface conditions. In • order to reveal the nature and extent of variations in the subsurface conditions below the excavation, drilling would be required. it is possible the ci i.a obtained by subsurface exploration could change the recommendations contained in this letter. Our services do not include determining the presence, prevention or possibility of nio1d or other biological contaminants (v )BC) developing in the future. lithe client is concerned about. MOBC, then a professional in this special field of practice should lie consulted. If '4citt have any questions or need further er assistance, please c:till our office, Sincerely, l il�t'WU1Z' Il _ PAWLAK GEOTCHNICAL, INC. LizQ • Trevor L. Knell Ritv;ewed by: Daniel E. Hardin, P.E. ninon- attr,�al;ret€ tits Figure 1 Swell-Consolidation Test Results ,lob No. W4 375 Gc.S'tch 7UL -29 -20 4 16:20 u —p 5 E0TECH \� P.051 2E 2 a - Nicistur'e Content = 9.7 percent Dry Density = 102 ncf• Sample of. S1ightty Cloye�y Sor.d ar =.ti SIR From Bottom of EExccv tion of Southwest Corner jI r iI i IIit. i 11111111111111111 N o movement upon wetting l iiiiiiii . . me 11 /Ili lilililUk. 111 1 11111111‘ i 1 iRIIIIIUIRIkI. 11111111111111111 11111111111111E111 II II I i III I IN 1111 I 11 1111 Y e . I I 1111101 NMI 0,1 1.0 10 100 APPLIED PRESSURE — F(sf 104 375 '`IEPWORT I— PAWLAK GEOTECHNiCAL., INC. SWELL -- CONSOLIDATION TEST RESULTS. Figure 1 JILL -29 -2004 15;21 .K F GEOTECH 0 1 2 3 5 6 9 0 11 12 14 15 P.06/0E 0.1 104 375 1.0 0 APPUED PRESSURE — ksf HEPWORTH—PAWLAK GEQTECHNICAL, INC. 100 SWELL -- CONSOLIDATION TEST FR SULTS Figure 2 TOTAL P.OE Moisture Content •R 4.6 percent Dry Density = 55 Pcf .�a S❑mple. From: Bottom of: Slightly Clayey of Excavation Son at and West Silt Side m Compression wetting um 11111111111111111111 1111 . 1111111111111111111 1111 1111111111111 11111 ialas Ili i MN min um III III ,__ 1111=1111111111 II 0.1 104 375 1.0 0 APPUED PRESSURE — ksf HEPWORTH—PAWLAK GEQTECHNICAL, INC. 100 SWELL -- CONSOLIDATION TEST FR SULTS Figure 2 TOTAL P.OE )?"--az-z,y 419- 7e-* ?-*.de -7-74(6- Zfri77 774-- exe-1 "971/ GIs 77i'; lee ,z7, /Aw an/ kyr- 6' ,8 tom / (, JUL -28 -04 01:56PM FROM -Colo Div' / jar Resources +3038663589 } T -6132 P•002/002 F-546 Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 8020 (383) 866 -3581 APPLICANT HARLAN MCELROY P O BOX 718 PARACHUTE, CO 81635- L1C WELL PERMIT NUMBER 258441 DIV. 5 WD 39 DES. BASIN MD (970) 285 -7877 REGISTRAT[C1.,, - URSUANT TO A DECR E APPROVED WE L LOCATION GARFIELD COUNTY SE 114 SE 1/4 Section 28 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 600 Ft. from South Section Line 800 Ft. from - East . Section Line UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT m O O 1) Thls well shall be used In such a way as to 'cause no material injury to existing water rights. The issuance of this permit does not ensure that no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief In a civil court action, 2) The construction of this well shalt be In compliance with the Water Well Construction Rules 2 CCR 402 -2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors In accordance with Rule 18. . 3) Approved pursuant to CRS 37.92- 602(3)(b)(I) and the policy of the State Engineer for appropriation of ground water tributary to Colorado River system, . 4) The use of ground water from this well is limited to drinking and sanitary facilities as described In CRS 37- 92- 602(1)(o). for a commercial business, Water from this well shall 961 be used for lawn or landscape Irrigation or for any other purpose outside the business building structure. , 5) The pumping rate of this well shall not exceed 15 GPM. 6) The annual amount of ground water to be diverted by this well shall not exceed 1/3 acre-foot (108,800 gallons). • 7) Approved as the only well on a tract of land of 0.11 acre(s) described as lot 5, block 11, Travelers Highlands Subdivision, Garfield County, 8) The return flow from the use of this well must be through an Individual waste water disposal system of the non- evaporative type where the water Is returned to the same stream system in which the well Is located. 9) A totalizing flow meter must be Installed on this well and maintained In good working order: Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) This well shall be constructed not more than 200 feat from the location specified on this permit 7441` APPROVED' JSG Receipt No. 0524435 State Engineer DATE ISSUED 07 -28 -2004 By XPI. TION DATE 07-28 -2006 AUG -5 -2004 13:22 FROM:SYRACUSE DRILLING 0970)625 -1530 TO:3843470 P.1 Forth elO. Gurs41 1044 WELL CONSTRtJL 2 ,b TEST REPORT '�— STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 131 Sherman St, Rm 818, Denver, CO 80203 . For Office Use only COp y j 1 WELL PERMIT NUMBER 258441 2 OWNER Mailing Address City, St. Zip Phone NAME (S) Harlan McElroy P.O..Box 7.18 . _ Parachute, CO 81635 (970) 285 -7877 3 WELL LOCATION AS DRILLED: SE 114 SE 114 Sec. 28 Twp. 7 5 Range 96 W Sixth P.M. DISTANCE FROM SEC. LINES: 600 ft. from South Sec. Line. and 800 ft. from East _ Sec. Line. OR BLOCK •FILING(UNIT) SUBDIVISION: STREET Lot 5 Block 11 Travelers.Highland Subdrivision LOT ADDRESS AT WELL LOCATION: 1 4 GROUND DATE COMPLETED SURFACE ELEVATION it DRILLING TOTAL DEPTH METHOD Air Ratarf_ • - -' . 8/3/2004 120 ft DEPTI-f COMPLETED 100 ft 5 GEOLOGIC LOG: Oepfh Description or Material (Type, Sim, Color, Water Lockton} 0-55' Top Soil 8 HOLE DIAM. (in.) From (ft) To (ft) 7 7/8 0 120 55' -120' Gravel 7 PLAIN CASING OD (in) Kind Wall Size • From(ft) To (ft) S 518 Steel 0.25 0 100 Water @ 46' 8 65' f ER CASIN SG r een Slot Size: 8 5/8 Steel " 0.25 .30 48 100 8 FILTER PACK Material N/A 9. PACKER PLACEMENT Type Ribber Packer Size Depth 39' interval 10 GROUTING RECORD: Material Amount Density Interval Replacement Cement 4 bags 15 8 Poured REMARKS Cased with 6 5/8 steel due to hole falling in. Drive Shoe 5 Vibrated 11jDISINFECTION: Type Chlorine Amt. Used 1 Cup 12 WELL TEST DATA: jChec k box if Test Data Is submitted on Form No. GWS 39 Supplemental . Well Test 15 gpm. TESTING Static Level Pumping Remarks METHOD Air 43 ft DatefTime measured 5-3-04.- 1:39).m. , Production Rate • length (hrs.) level 1.00 ft. DatefTime measured 6-3-04 - 2:45 e.m. , Test 1 13 thieve read C.R:S., the CONTRACTOR Mailing Address the statements made himin and know the contends thereof, and thatthey ere true to my knowledge (Pursuant to Section 244404 (13) (a) making of false statements hereby constitutes perjury in the second degree and Is punlehebte as a class 1 misdemeanor.) Air West Drilling PHONE (970) 309 -5410 Lic. No. 1298 23556 Sunrose Lane, Golden. CO 8 1 Name/Title (Please type or print) Terry Tefertiller - Owner Signatu Date 4 ,,i _ ,fir 8120/04 vor Fkav :3-AkivioN RECEIVED AUG 0 6 Z004 GARFIELD COUNTY BUILDING & PLANNING EIONniiiir1111.1.11=111111111Welemmier • ' ' 4.4 1 1 0431 - 14 5. 6 t4 . r c. 6 IS I I 4 a '3 0 1 13 4 ft4 6 tr, to 4 Th 50 t. 5 to 2 "wr4 _as/4&lm31— 47-Aremegr OF agveR KNOW ,4LL MEN ay Thr51- emeseNrs, ...hoot. cAWRifg.gx AND pE/EZOPNENT, /NC., 4 4-049..-ado conpor.p7iiip.. aeki cv.z.,y airrle"- of Ate. e c/04ff h, 046474s*l.k• WT Ae ar° shore 9re eethrloalt7 . cecksiO•napid ..chc sizgve as Thfre/gra• .44s& .544ef: Garf/S/d Cae/orly, Ca/aeada- each corporehWw, .rer.ivivr- declores: 1 That ir' has cix,sed •Mte:s• ,calipe •Itt lx *We .anee'4, .9.422,ee awe' szehefWeed a heevah crobrorliv.• 2. rha7, /IL hos cie.:sed 7544 sag(0.10/440.7 Okt.ht41101160.. arn? sh.-asyts as Aeorae 004fiWee, Zried:iir dee/cal/al eiwiria a•Ao164 eb..4 hhe ze- : . ewe' 1-ar e../i././44,- 3. rho, /71 aloes d/e4tNir OWAII::„.•44144:: ; a rdfral esiv's ,o/a74 is Asa*, awl' lord sveSaii.d.sven, &al 1111111111111111111111111111 IIII 1111111 111 11111 11111111 664964 12/10/2004 03:47P 81646 P841 M RLSDORF 1 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO QUIT CLAIM EASEMENT AGREEMENT THIS QUIT CLAIM EASEMENT AGREEMENT, is made this (I tttiay of December, 2004, by and between GARFIELD OIL, LAND and DEVELOPMENT, ,INC., a Colorado Corporation, ( "grantor "); and K and M, L.L.C., a Colorado Limited Liability Company; TERRY KIRK; and HARLAN MCELROY, whose legal address is c/o Terry Kirk 1 500 County Road 259, of the County of Garfield and State of Colorado, (collectively "grantees "). WITNESSETH: WHEREAS, grantor caused to be recorded that certain Map of Section No. 1, Travelers Highlands. Subdivision, as reception number 218477 in the office of the Garfield County Clerk and Recorder on August 15, 1962 (hereinafter the "Plat "); WHEREAS, by recording the Plat, grantor dedicated to the public use the alleys and streets thereon platted, located and designated, such dedication being made for the public use thereof as roads, alleys and for. utilities; WHEREAS, at the time of the dedication grantor was the owner of the real property described in the Plat and intended to set apart the alleys and streets thereon platted in perpetuity for use by the general public, and grantor has not revoked; withdrawn, rescinded or amended said dedication; WHEREAS, since August 15, 1962, grantor and grantees believe that owners of the lots depicted on the PIat as well as the general public have made use of the alleys and streets dedicated to the public by the Plat; WHEREAS, grantees are or will be the owners of certain Iots within said Travelers Highlands Subdivision in Garfield County; WHEREAS, grantor and grantees believe the alleys and streets dedicated to the public by the Plat are public roads and, if not, that fee title has reverted to grantor; and WHEREAS, in order for grantees to obtain building permits for their lots, the Board of County Commissioners of Garfield County has required that grantees obtain a grant of private easement to confirm access to their lots within the Travelers Highlands Subdivision. NOW THEREFORE, notwithstanding the fact that grantor and grantees believe the alleys and streets dedicated to the public by the Plat are public roads, grantor, for good and valuable consideration, the receipt and sufficiency of which is herebyacknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto grantees, their heirs, successors and assigns: a non- exclusive easement and right- of-way for access, ingress, egress and utilities to any and all lots owned or hereafter acquired by grantees in the Travelers Highlands Subdivision from Highway 6 &24, said easement to run over and across the alleys and streets platted on that certain Map of Section No. 1, Travelers Highlands Subdivision, recorded as reception number 218477 in the office of the Garfield County Clerk and Recorder on August 15, 1962. Neither Grantees nor Grantor, or their successors or assigns, shall place, store, construct, or permit any permanent or temporary structure, equipment, vehicles, materials, or supplies on any of the alleys or streets shown ort the Plat Map referred to above, nor shall they obstruct, block, or interfere in any way with the use of said alleys and streets. The easement and right -of -way herein quit claimed does not diminish the right of the general public or other lot owners to use the alleys and streets dedicated by the Plat. Further, the easement and right-of-way herein quit claimed may be superseded by Garfield County's formal written acceptance of grantor's dedication, thereby confirming the that the alleys and streets platted on that certain Map of Section No. 1, Travelers Highlands Subdivision, recorded as reception number 00 C.b . r;11). s R - 1 IS) 650 111111111 111111111 11111111111111111111111) 11111 1111 1111 664964 12/10/2004 03 47P B1646 P842 !9 fLSDORF 2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO 21 8477 in the office of the Garfield County Clerk and Recorder on August 15, 1962, are public roads. IN WITNESS WHEREOF, the parties have executed this QUIT CLAIM EASEMENT AGREEMENT on the date set forth above. Attest: STATE OF COLORADO COUNTY OF MESA ) ) ss. GARFIELD OIL, LAND and DEVELOPMENT, INC. Bv: K AND M, By: T By: RICHARD MEYER, Manager Y KIRK, Member / Manager ��trr 0 HARLAN MCELROY tom, The f egoin instrument was acknowledged before me on this 104i day of December, 1 ` yrct (£ (1 S' E E ( , President of GARFIELD OIL, LAND and DEVELOPMENT, INC. Witness my hand and offic. My commission expires: 63t-P-) 0-005- STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) 2004, by M Commission Expires ' 3, 2005 The foregoing instrument was acknowledged before me on this /O day of December, and Richard Meyer, Members / Managers of K and M, L.L.C. Witness my hand and official seal. My commission expires: 7 5— 0.7 STATE OF COLORADO COUNTY OF GARFIELD ) ss. ) The foregoing instrument was acknowledged before me on this ,4 day of December, 2004, Witness my hand and official seal. My commission expires: rQ a 7 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Notary Public The foregoing instrument was acknowledged before me qn this /ei day of December, 2 McElroy. Witness my hand and official seal. M y commission expires: j 9 - n.2 5 - At."�1ra LIB Notary 'ublic is :0 1 T;\ DP GO x