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Home My WebLink About1.0 Application.pdf--------------- GARFIELD COUNTY · Building & Planning Department 108 8th Street, Suite 401 '----~ Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfie ld-county.com VARIANCE APPLICATION GENERAL INFORMATION ~ Street Address I General Loc~tion of Property: IS-SS tlruut/Lffu;> /Z 9' (/vo /l/Mtt L4A)L°') ,Rtuf/# &.J£ or ,Aro ,d&n£ ~ L~Description : A~ o;Lb.vd~ //f/L.7Z.,%~;io.J Z, BJw~fm/ ~JO~ //{'fl~ 37 ~£f/aE $£. w4 L~ ~ Existing Use of Property: df:s//2£'& ~L , ~ Description of Proposal: zt:..~HL) ~-dc'a: : ~Mf3Puc/ A /11W au«U> ,flaoe=. ;«;.r 41 ,,4 &7~ &? ldf(kt /1&$<7~ "1/v&f;d&; ~ '[ 'It. ~A.,1Crf,, ~If ~{_ ~ffe"1 7 L,v /~,({.I Ct: O/V '-- ~ Name of Property Owner: J}'&G: "'A?.t"A'l'L a£t1.£tf ~Address: /SSS &ruv~·,tz9 Telephone: 379-77J'o ~ City: ~ 4,ft;)(J State : 6 Zip Code: fJ6o/ FAX: ffS -<j236 ~ Name of Representative (if other than owner}: tf;ff/'/il" 4"MJCCJ~ ~ Address: -d?J: ~X 338 --> Telephone: a2 Z'-'2"2 G7 ~ City :~q-6 CtJZ:-~V~§fState· eo Zip Code: JlGoZ. FAX: f2F-9it)Z STAFF USE ONLY ~ Doc. No.: VAR1\,0i Date Submitted : TC Date: ---------- ~ Planner: _________ Hearing Date: __________ 1 ~ Zone District: ------- D MAY 1 4 2008 GARFIELD COUNTY BUILDING & PLANNING LastRe0sed:07/2007 5/12/2008 Practical Description of Site The Carver residence located at 1555 County Road 129 (No Name Lane) on the north side of No Name sits on a nanow 2.6 acre lot. This location is approximately 'h mile north ofl-70 and exit 119. This house was originally constructed in the 1950s and over time, with various owners, has become a two story residence and expanded to approximately 6535 square feet. This house has 4bedrooms & 5 bathrooms. In addition to the living quarters the house has an indoor & outdoor pool. Variances were requested & approved for the placement of the pool as well as permits for its construction. The lot this home was built on is narrow and adjacent to No Name creek with steep drop offs. The majority of this lot consists of hillside sloping down to the creek and is not suitable for construction. As a result of the nature of this lot and the period of time construction took place, this home was located close to the roadway. 5/12/2008 Plans & Specifications for the Proposal For the front deck our desire is to maintain the current dimensions of 12 feet 2 inches out from the main structure. We plan to remove the decks covering to expose the structure and replace any deteriorating components. In addition we need to construct 2 piers, to be designed by our engineer, to carry the weight of the roof. The roof will be designed by an Architect & plans will be provided by a Structural Engineer. Our desire is to obtain the variance before we incur the effort & expense of designing the roof. Whipple & Brewster are the Architects Jim Romeo is the Structural Engineer Attached is a drawing with the conceptual appearances of the desired deck \. 5/12/2008 Index Of Ducuments In Package Carver Residen ce 1555 County Road 129 Request For Varian ce Concerning Desire To Rebuild & Roof Entrance Deck Garfield County Variance Application Signed agreement for Payment form Signed pro ced ura l requirements form Pictures of existing deck Sketch Map -Most recent improveme nt survey (no changes since 1999) 1986 improvem ent survey Vic inity M ap Legal description Letter of co nse nt Warranty deed Practical descripti o n of si t e Properties adjacent to re siden ce requisting varia nc e P la ns & specifi cations N arrative of request for variance RECEIVED MA'f l 4 2008 (;;,,,«i-H::L L.l COUNTY Bu1LulNG & PLANNING on means "Forest Service Road " notation means "County Road" Rivers and Streams Highways and Interstates Solid lines indicate roads Dashed lines indicate trails Easy, Beginner Route: Gentle grades (generally under 5%) with little or gradual elev ation gain. Open sight distance with few blind curves. Relativel y smooth grade with few or no surface obstructions. Ample side clearance with few or no clearance obstructions. -..edlate Route: Moderate • •Oo/o) with extended dlmbs '""lted sight .... .,,stacles. Darker green Indicates Forest Service Land -~ Tan/Ught Brown indicates BLM land -·> ® Parking Area ; Light green areas Indicate non·federal land . Mostly private property not open to public use or access unless otherwise i ndicated . ., GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and -~~~?f}~i.J~k~-~-~~C/-~------- (hereinafter APPLICANT) agree as follows: I. APPLICAy~~~ CO~ application for ,,{) @<{c;fl..trck dtJ4<.J ,.Pt/:~ (,i( . '.Id· ~~)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 L1 {__9/&. ~L Signature Date: f /;; /o ~ I fet1v /(WI/fr(, 111,q,..J Gv~,.... Print Name Mailing Address: / }Fj Cu~ lf:H /tf · ~fA-bv£7 J??~ c>o (f'//o/ 10/2004 Page4 11. PROCEDURAL REQUIREMENTS (The following steps outline how the variance application review process works in Garfield County.) 1. Submit this completed application form (pages 1-3), base fee, and all submittal requirements to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical compliance. 2. Once the application is deemed is technically complete, the Staff Planner will send you a letter indicating the application is complete and will request additional copies for the Board to review. Jn addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of Adjustment. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested variance. 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested variance and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed variance and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject Jot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the , notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of Adjustment at the time and date of the public hearing at which time the Board will consider the variance request. In addition, the Applicant shall provide proof at the hearing that proper notice was provided. 5. Once the Board makes a decision regarding the variance request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. I have read the statements above and have provided the required attached information which is correct 7rate to the best of my knowledge. 4 >-/_/-Oo Date 3 from Land Title·············· · ··· · · ·wed sep is o9:i9:i9 iooi · Page 4 of 10 Our Order No. GWl39561-3 A TRACT OF LAND SITU A TE IN LCYf 2, SECITON 2, TOWNSHJP 6 SOU'IH, RANGE 89 WEST OF THE 6TH P.M. AND MORE FULLY DFSCRIBED AS FOLLOWS: LYING WESTERLY OF A DEEDED LANE AS DESCRIBED IN DOCUMENT NO. 125378 OF THE GARFJELl) COUNTY RECORDS, soum OF THE NORTH LlNE OF SAID LOT 2, EASI'ERLY OF THE CENTER OF NO NAME CREEK AND NORTH OF THE FOLLOWING LINE, TO WIT: BEGINNING AT A POINT OF WESTERLY LINE OF SAID DEEDED LANE WHENCE SOUTHWEST CORNER OF SAID LCYf 2 BEARS S 50 DEGREE'S 32' W 474.4 FEET; THENCE N 88 DEGREES 27' W 222.S FEET TO THE CENTER OF NO NAME CREEK COUNTY OF GARFIELD SfATE OF COLORADO EXCEPTING FROM THE ABOVE DESCRIBED PARCEL THAT PORTION CONVEYED TO GERARD L TOMASSO AS DESCRIBED IN QUIT CLAIM DEED RECORDED AUGUSf 17, 2002INBOOK1202 ATPAGE47S . ..__..----·· \ 5/12/2008 To: Garfield County Building & Planning Department 109 81h Street, Suite 401 Glenwood Springs, Colorado 81601 From: Wayne Treadwell No Name Custom Carpentry Inc. P.O. Box 3393 Glenwood Springs, Colorado 81602-3393 970-379-2267 970-928-7566 fax Subject: Narrative to support request for variance Location: Steve & April Carver residence located at 1555 No Name Lane (Route 129) Located in No Name Overview: Steve & April Carver wish to improve the exterior appearance of their home and to make the entrances more attractive & usable. Part of the proposed plan includes constructing a roof over the existing entrance facing No Name Lane. This deck has been a part of this residence for some time and is included in improvement surveys as for back as 1986; copies of these surveys are included in this package. The reason for this variance request is due to the distance from the edge of the current deck to the approximate center of No Name Lane. Currently this deck extends 12 feet 2 inches from the house and the outer edge is 25 feet from the property line and 3 7 feet to the center of the road. The current zoning of R/L/SD stipulates that the distance of structures shall be 25 feet from property lines or 50 feet from the center of roads. Prior variance requests have been requested & granted for a swimming pool as well as a fence that is right off the property line and adjacent to the roadway. In addition, other portions of this residence, which were constructed before 1986, are currently less than 50 feet from the center line of the road. Another interesting fact is that when Jess Weaver subdivided the properties on the east side of No Name Lane, a setback of 60 feet from the edge of the road was established for those properties. It almost appears that to correct some prior issues for any possible future development of this road they modified the setbacks on the weaver subdivision. The Weaver subdivision was recorded July 12, 1996 as reception #495704. Criteria for variance approvals 1. That the variance is the minimum required to alleviate the difficulties or hardship of the property. This property is very narrow and at the rear of this house drops down approximately 60 feet to No Name Creek. This is most likely the reason this residence was constructed so close to the road. The No Name area typically experiences strong winds and more snow than that of the Glenwood Springs area. A covered porch would provide a welcomed improvement as well as a clearly identifiable entrance. 2. That such relief will not cause substantial detriment to the public good or impairing the intent of the general plan. Currently this deck is 25 feet from the property line and the edge of this narrow road. There is no ditch or other spacing between the property line and the edge of this roadway. In addition, until recently, a fence was previously approved and constructed just off the property line & adjacent to the roadway. The Carver's have recently removed a portion of this fence in front of this entrance. The bottom line is that due to the narrow nature of this lot and the placement of No Name lane there is little room between the house & road. The 25 foot setback from the property line makes sense & is being adhered to. The more stringent 50 foot setback, from the centerline of the road, is not attainable & if the house was recently built would have no front porch. In the years since this home was originally constructed, I am not aware of any inconvience this front porch has caused to neighbors or travelers on this little used roadway. 3. That the hardship was not caused by the applicant or due to general conditions & cannot be practically corrected. The Carvers purchased this home five & one half years ago and have not made any significant changes to the exterior; except to remove a portion of the fence in front of the entrance. Due to the proximity of the house to the road & the narrow nature of the Jot, any porch, by today's standards, would not be allowed. The current porch is necessary for access & by allowing a roof to be added the porch will be more attractive & functional. In addition, this porch will not be an impediment to traffic on No Name lane. May 14, 2008 Steven R. and April L. Carver 1555 County Road 129 Glenwood Springs, CO 81601 (970)945-8787 Garfield County Building & Planning Department 109 81h Street, Suite 401 Glenwood Springs, CO 81601 Re: Variance Request Please consider this letter our authorization and consent for Wayne Treadwell of No Name Custom Carpentry to represent us in this matter. If you should have questions, please contact us. Steven R. Carver April, L. Carver Properties Adjacent to 1555 County Road 129 Ferdinand & Sarah Liotta 1558 County Road 129 Glenwood Springs, Co 81601 Wayne Treadwell 1474 County Road 129 P.O. Box 3393 Glenwood Springs, Co 81602 Gerald Tomasso & Sherry Caloia 1717 County Road 129 Glenwood Springs, Co 81601 Fred Haberlein & Teressa Platt 1719 County Road 129 Glenwood Springs, Co 81601 Robbin Hahn 1517 County Road 129 Glenwood Springs, Co 81601 Dale Reed 1489 County Road 129 Glenwood Springs, Co 81601 Dr Dennis Helffenstein 18425 Sunburst Drive Monument, Co 80132 Robert Hoffmeister 1437 County Road 129 Glenwood Springs, Co 81601 I llllll 111111111111111111111111111111111111111111111111 611243 09/25/2002 09:24A 81389 P292 M ALSDORF 1 of 4 R 21.00 D 89.50 GARFIELD COUNTY CO WARRANTY DEED Joseph A Scott 1979 Trust No. 1, Grantor, whose address is 1555 Connty Road 129, Glenwood Springs, Colorado, 81601, for the consideration of Ten Dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to Steven R. Carver and Apiil L. C'lrver, Grantees, as joint tenants, whose address is P.O. Box 2021, Glenwood Springs, Colorado, 81602, the following real prope1ty in the County of Garfield and State of Colorndo, to >Vit: A PARCEL OF LAND SITUATED IN LOT 2, SECTION 2, TO\"\INSHIP 6 SOUTH, RANGE 89 \'V'EST OF THE SDCfHPRINCIPAL MERIDIAN, COUNIY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOllO\X'S: COJ\illvlENONG AT THE NOR1H QUARTER CORNER OF SECTION 2, BEING MONUMENTED BY A 1995 BLM 3" INCH ALUMINUM CAP IN PLACE, THENCE S 89°47'52" E ALONG 1HE NORTHERLY LINE OF SAID SECTION2 ADISTANCE OF 163.38 FEETTOAPOINTONTHE WESTERLY RIGHT-OF-WAY OF COUNTYROAD NO. 129, THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY THE FOLLOWING EIGHT (8) COURSES: l. S 38°29'23" EA DISTANCE OF 237.52 FEET 2. ALONG TI-IB ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF184.79FEET,ANDACENTRALANGLEOF29"27'49",ADISTANCE OF 95.03 FEET, (CHORD BEARS S 23"+5'30" E 93.98 FEE1) 3. S 09°01'37" E ADISTANCE OF 170.41 FEET 4. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF46S.65FEE'f,ANDACENTRALANGLEOF09'43'53",ADISTANCE OF 79.57 FEET, (G:IORD BEARS S 04"09'48" E 79.47 FEE'Ii 5. S 00"42'01" WA DISTANCE OF 105.16 FEET 6. ALONG 11-IB ARC OF A CURVE TO TI-IB RIGHT HA \/ING A RADIUS OF311.36FEET,ANDACENTRALANGLEOF20"21'58",ADISTANCE OF 110.67 FEET, (CHORD BEARS S 10"53'01" W 110.09 FEET) 7. S 21°04'00" \Vi A DISTANCE OF 166.32 FEET 8. l\LONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF531.95FEET,A1'\1DACENTRALANGLEOF06'37'19",ADISTANCE OF 61.48 FEET, (CHORD BEARS S 17'45'21" W 61.45 FEE1) TO THE NORTHEAST CORNER OF RECEPTION NO. 395017; AFTERR.EO)JU)ING, Rl:'fl_lIU-;T,:): Schcnl>, K~r;I &de\'('ii:r.er. lJj> JO~ fiji;h Sm'<!r, s1•1.-JI:) (;"'"~"''"1~prin~.ro 1n1.oi ~.15~ ~ .ii;J,\iliiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~?.0/1 L •. ···o (-'·, ', :-1 i'i 50 - - I llllll lllll llllll llllll 1111111111111111111111111111111 611243 09/25/2002 09124A B1389 P293 H ALSDORF 2 of 4 R 21.00 D 89.50 GARFIELD COUNTY CO TIIENCE LEAVING SAID RIGI-IT-OF-WAY N 88'27'00" W ALONG 1HE NORTIIERLY LlNE OF SAID RECEPTION NO. 395017 A DISTANCE OF 222.50 FEET TO 1HE CENTERLINE OF NO NAME CREEK, AI.SO BEING 1HE NORTHWEST CORNER OF SAID RECEPTION NO. 395017; TIIENCE ALONG SAID CENTERUNE 1HE FOLLOWING 1WEN1Y (20) COURSES: 1. N00'24'05" WA DISTANCE OF 19.57FEET 2. N 11'59'55" EA DISTANCE OF 33.82 FEET 3. N 45'49'32" EA DISTANCE OF 33.80 FEET 4. N 57'55'09" EA DISTANCE OF 29.36 FEET 5. N 33'52'55" EA DISTANCE OF 36.99 FEET 6. N 25'25'20" EA DISTANCE OF 44.04 FEET 7. N 08'59'20" E A DISTANCE OF 65.72 FEET 8. N 39'30'11" E A DISTANCE OF 90.90 FEET 9. N 31'24'22" EA DISTANCE OF 44.42 FEET 10. N 28'01'47" EA DISTANCE OF91.41 FEET 11. N 15'13'15" EA DISTANCE OF 54.90 FEET 12. N06'05'20" WA DISTANCE OF 124.16FEET 13. N09'19'02" EA DISTANCE OF59.12 FEET 14. N 16'34'21" WA DISTANCE OF 67.66 FEET 15. N 45'06'22" WA DISTANCE OF 25.33 FEET 16. N56'39'31" WA DISTANCE OF67.0l FEET 17. N 41'58'31" WA DISTANCE OF 29.07 FEET 18. N29'17'21" WA DISTANCE OF99.41 FEET 19. N 47'16'19" WA DISTANCE OF 56.08 FEET 20. N 33'36'40" WA DISTANCE OF 28.79 FEET TO A POINT ON 1HE NORTIIERLY LINE OF SAID SECTION 2; TIIENCE S 89'47'52" E ALONG SAID NORTIIERL Y LINE A DISTANCE OF 82.84 FEET TO 1HE POINT OF BEGINNING; SAID PARCEL CONTAINING 2.629 ACRES MORE OR LESS. BUf EXCEPTING FROM sua-r LANDS 1HE FOLLOWING: A PARCEL OF LAND SITUATED IN LOT 2, SECTION 2, TOWNSHIP 6 sourn, RANGE 89 WESTOFTIIE S!XTIIPRINOP AL MERIDIAN, COUN1Y OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTIQJLARLY DESCRIBED AS FOLLOWS: l--'>1<<~.-..~.,,..,,..,,1>n.\•1~ Survey Description Prepan.-0 By. High C.Ountcy Engineering, Inc. Page 2 of 4 I llllll lllll llllll llllll 1111111111111111111111111111111 611243 09/25/2002 09:24A B13B9 P294 H ALSDORF 3 of 4 R 21.00 D 89.e0 GARFIELD COUNTY co COMMENONG AT 1HE NOR1H QUAR1ER OF SECTION 2, BEING MONUMEN1ED BY A 1995 BLM 3" INQ-1 ALUMINUM CAP IN PLACE 1HENCES.89°47'52"E.ALONG1HENORTHERLYLINEOFSAIDSECTION 2 A DISTANCE OF 163.38 FEET TO A POINT ON 1HE WES1ERL Y RIGHf- OF-WAY OF COUNTY ROAD 129, 1HE POINT OF BEGINNING; 1HENCE ALONG SAID WES1ERLY RIGHT-OF-WAYS. 38°29'23" E. A DISTANCE OF 98.68FEET;1HENCE LEAVING SAID RIGHT-OF-WAYS. 60°42'39" W. 68.40 FEETTOAPOI1'1TIN1HE CE1\1TERI1!\1E OF1'-J0Nft-1v!E CREEK; THENCE N. 29°17'21" W. A DISTANCE OF 56.14 FEET; 1HENCE CONTINUING ALONG SAID CEN1ERLINE N. 47°16'19" W. A DISTANCE OF 56.08 FEET; 1HENCE CONTINUING ALONG SAID CEN1ERLINE N. 33°38'40" W. A DISTANCE OF 28.79 FEET TO A POINT ON THE NOR1HERLY LINE OF SAID SECTION 2; 1HENCE S. 89°47'52" E. ALONG SAID NOR'IHERL y LINE ADISTANCE OF 82.84 FEETT01HE POINT OF BEGINNING: SAID PARCEL CONTAINING 0.173 ACRES MORE OR LESS. -And including with the lands to be conveyed hereunder an easement described in an agreement recorded October06, 2000, in Book 1211 at Page 388 and rerecorded October 30, 2000, in Book 1215 at Page 50 and more particularly described as follows: A 20' WIDE STRIP OF LAND SITUATED IN LOT 2 OF SECTION 2, TOWNSI-IlP 6 SOUIH, RANGE 89 WEST OF 1HE SIXIH PRINQPAL MERIDIANLYINGEASTOF1HE EASTERLY LINE OF NO NAME ROAD (SOMETIMES REFERRED TO AS COUN1Y ROAD NO. 129), SAID STRIP OF LAND LYING 10 FEET TO EAa-ISIDE OF 1HE FOLLOWING DESCRIBED CEN1ERLINE: COMMENONG AT1HE NORTI-IQUAR1ER CORNER OF SAID SECTION2; TI-IBNCE S 29.23'59" E 812.96 FEET TO 1HE IN1ERSECTION OF 1HE EAS1ERL YRIGHf-OF-WAY OF NO NAME ROAD AND 1HE CEN1ERLINE OF EXISTING DITa-I AND PIPE, 1HE POINT OF BEGINNING; 1HENCE CONTINUING ALONG SAID CEN1ERLINE FOR THE FOLLOWING NINE COURSES, s 50·27•59" E 28.19 FEET; 1HENCE s 08·00•05" w 31.11 FEET; TIIENCE S 45'35'37" \Y/ 23.10 FEET; THENCE S 27'38'17" W 75.65 FEET; THENCE S 19'00'24' W 12.01 FEET; 1HENCE S 22'28'09" W 25.64 FEET; THENCE S 9'26'17" W 19.01 FEET; 1HENCE S 32'44'50" W 25.60 FEET; 1HENCE S 4'36'06" W 39.77 FEET TO 1HE 1ERMINUS. COUNTY OF GARFIELD, STATE OF CQLOR/\DO Together with the following water rights, which are quit claimed without warranty of title: Survey Description Prep.tred By. High Oruntry Engi.ot:cring. Inc. Page 3 of 4 ,. ,,_ I llllll lllll llllll llllll lllll Ill\ 1111111111111111111111 611243 09/2e/2002 09:24A 81389 P295 M ALSDORF 4 of 4 R 21.00 0 89.50 GARFIELD COUNTY CO Any and all water tights, spting rights, wellriglm and pipeline rights associated with the property including, bur not limited to all of Gmntor's interest in the No Name domestic water supplysy'Stem, inclnding two shares in said S)~tem. also known as (street address of property): 1555 County Road 129, Glenwood Springs, CD 81601 ,,.,;th all its apptutenances including without limitation, all easements, 1ights of way, rese1varions and all other right-; appurtenant thereto, all in1prov·cn1ents and (111 attach-.cd fixture:; thereon, an}· light, title :1nd 1 .. interest of Gmntor in and to adjacent streets, roads or alleys, and subject to distribution utility easements; inclusion of the Prope11ywithi11 any special taxing district; right of way for ditches or canals constmctcd by the authority of the United States as reserved in United States Patent recorded 1Vfay06, l896, in Book 12 at Page 421; right of proprietor of,, vein or lode to extract and remove bis ore therefrom should the same be found to penetmte or intersect the premises as reserved in United States Parent recorded May06, 1896, in Book 12 at Page 421; terms, conditions •Ind provisions of Easement Agreement recorded October 06, 2000, in Book 1211 at Page 388 and rerecorded October 30, 2000, in Book 1215 at Page 50; and overhead powerlines, fences, waterlines and other matters as shmvn on Improvement Survey by High Counny Enginee1ing, Inc., dated November 18, 1999, as Job No. 99781.01. t ;,, SIGNED this Z/) 1 dayofSeptember,2002. STATE OF COLORADO ) ) SS. COUN°IY OF GARFIELD ) J fl.1~ forego~ng ~nst'.~.'.ment was acknowledged before me this") <' ih_day_of September, 2002, by -•p/J 1 I -' •·!', as f o ·-''' C ot the Joseph A. Scott 1979 Tnist No_ L \~1TNESS my hand and official seal. My commission expires: .... -,.,·,, .. ~ fVl/..i,;:,',_~- 1 MOT: ~ STATE Of '\\! . " "·· .i· f·~......,,,-~ ...... ""-.......... ,. . -' -.. --.~ • ., •··•'--<•'<i'J ( ,~~\\.,,\.,,::..:;"'' ··;.Stin\:j· 1t_:;;,;·1r1~il~i;llwp.1rcd Ilj~ 1-li~;h C:.,umr; Eu1~i111.:i:-rin?,, In.:. \ I. r1 Page· 4 of 4