HomeMy WebLinkAbout2.0 CorrespondenceCRAIG L. HAYWARD, CPA
MARK il. CARSON, JD, CPA
SCOTT E. SOBER, CPA
August 16, 1990
•
Hayward c`irson'cQ. Sober, i)c.
CERTIFIED PUBLIC ACCOUNTANTS
U90
1800 - 38TH STREET, SUITE 202
BOULDER, COLORADO 80301
FAX (303) 449-4908
(303)440-4711
Board of County Commissioners
109 8th Avenue
Courthouse
Glenwood Springs, CO 81602
Dear Board Members:
This letter is to advise you that you are to consider Lee Hayward
as my agent and the agent for Blackhawk Financial in all dealings
with your office regarding the Hayward property on'Battlement
Creek.
Sincerely,
/4 /41
Craig L Hayward, CPA
Hayward Carson & Sober, PC
CLH/pas
cc Lee Hayward
MEMBERS OF THE AMERICAN INSTITUTE AND THE COLORADO SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS
• •
No special use permit shall be issued by the Planning' Director
until that Director is in receipt of a certified court order or
fully executed easement or deed finding or granting aipublic or
private access that may be utilized by the applicant, their guests
and clients without restriction.
•
COLO. 11SU.�-++. w.....«......wa,ry. 6. he a
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41k; OA3 _ FTITION. Ex 1) A/
To the Honorable Board of County Commissioners of `,/,..k f ; County, Colorado.
GENTLEMEN:
Ire, the undersign ed.Cit i:ens of ytan. Conn t y, respectfully represent that the necessities of' the public require a eaun fel wrt6on road to be laid
/ renein 'at-.--
out as Allows, to oat : C nnrn
..1.L �.ti - L e . .,._.� t.� �.� �et,-;,,�. � LI -A -...-0q /7 ,i,- C4- ,.... (�
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.4-� • i7 �(2.a,.n .1 a, c � G� 1, . f ' t-�,
AA -.-6j .," j„ -,j- ,2, i., (2,,,,,Le, _}.1 a_,,..,,I? ,cAf. eb–PAJ,Ltoe174 .
Said road, to be not less than sixty) feet in width.
We therefore petition your honorable body to cause to be laid out and opened a County road as above described, and we, the owners of the land
thrglc.gh w tic/ s id road is sought to be laid out, in, consideration of the suns of one dollar to as eachrand severally in hand paid by the said County of
the receipt of which is hereby aeknowlell sed, and of the laying out and opening of said road, hereby agree
to give th right of way through our lands as shown by the plat accompanying this petition, and relinquish all claims for damage by reason thereof
The said proposed line of mad is mnore fullll shown by the following 7 bap or plat to which, reference is herein made, the same being iinn�"
TOWNSHIP 7 NOR iI � a` RANGE JS� WEST G V%s�-L.
36
31 32 33 34 35 36
1
12
13
24
25
6
5 4
31
2 1
9 10 11 12
18 — - __ 16 15– 14 13
19
.._ 20
21 22
24
30 29 28 27 262v 5
6
18
19
30
36 31 32
�.34 :35 36 31
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SUBDIVISION
Ti-. RANUR.
86 GLX
014, 9
431
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Fared in the office of the County /I0g
County Clerk,
By
„Deputy.
Presented to the Board of County Commissioners,
A7�rr.
taken and entered of record in the minutes of their proceedings, to wit •
.J7L, , ou,,,,.C1�,0, �aQ,�/
�' 2d -44+
14-
/763 ,1s-
, when the following action was
At
for record the
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d D.%O 1�0, at cloei:Qrll.
17/03/9l 09:51 $ 1 312 272 1472 ERICI S0N RHRNNEf.
•
EI2ICKSON•PAPANEK EK /.
Attorneys at Law
Grant D. Erickson
Samuel Papanek, 111
Cynthia 1_ Jensen
Julie A. Peterson
Mr. Jim DeKam-
Mr. Roy Savage
Parachute, Colorado 81635
July 2, 1990
VIA FAX TRANSMISSION
02
1625 Shermer Road
Northbrook, Illinois 600
Telephone: 708 272-0800
FAX: 708 272-1472
Re: Hope Mining Claims No. 0 and 1-9 and Victory 011 Shale Placer Mining
Claims Nos, 1-6 and 13-14 in Garfield County
Gentlemen:
As attorney for Alturas Shale 011 Company and the Ruth A. McLaughlin Trust, Lessor
to each of you for certain hunting leases, It has always been my understanding that we have
full legal access to our properties over the existing road system, Including that portion that
travels over Lee Hayward's real estate. It is my further understanding that when Austral Oil
Company made certain Improvements to the area and built a new access road, that this was
for the mutual benefit of all property owners in the area.
1 attach some relevant pages from a finding of the United States Government where the
road work that was done in the 1920's and before by Alturas Shale Oil Company and its
predecessors In Interest was Justified In part based upon the work done by them in improving
the road from town all the way up to the property.
For the Victory Nos, 1-14 mining claims, this was issued as Patent No. 1067683
recorded as Document No, 116911 and was dated February 20, 1934. it was recorded in Book
178, Page 89 In Garfield County,
As to the Alturas Shale 011 Company, I cannot find the Immediate records of the
recording of that patent, but 1 believe the attached materials show that the finding of the
Government that the validity of these claims should be sufficient evidence of ownership for
this purpose.
It was and is the intention of McLaughlin Trust and Alturas Shale Oil that the hunting
leases included with them full rights of access to the property over whatever access easements
and right-of-ways that we own.
truly y urs,
Grant D. Erickson
GDE/cl
Attachments
•
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ERICKSON PAPRNEK 03
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•Alturas Sti•ale 011 Comp iay.
OPER
TY OF
MORE,'
E, ROBERT ,
*EN. Co KEEGAN
tom cot.ORAD°,
•
•
,'Denver 053936.
•
•
' °4Mineral c.p?licatian !re.,
: :'•jeoted land certair‘•1ooa-
:. ' f tions embraces: tAsrein •
void.
:* .Modified.
4 •
'uiy»9, 11930.
PEAT FROM Tim"GEAR L LAJM'OFFICE.
T11e .ltura„sSuaa.a .c;11.: Comp/Any
nat,Comiesioner
k$oiston
41§
rendered M't
i;enver 033936
:Hope O?an
t
• seeks reversal of a
theaGuner:t1 Lx:rnd Office
s •mineral appli or tion, •
924, - for patent ao '
shale play 'rS
:re jec.ti}
tr
lest-Janur.ry
rirj
o 00
55!and 3
• :6th P. M. and declaring., Hopo 10
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f. ,,,,E X17 I�� li 1 Ir.: ' ;a I ,,.
fon» vIlc o se *rer ': he
f �I : p �-
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, stttgte in :'Sege.
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+. 7 S., R. 95.
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and 11 ' ?laoe.r4 •vai'd . '
cation ;in it's anti o.ty
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14444::of ' lY :' .
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mineral1 mush be made 'within
-`.Ai 1zoant olaims•oredit as
tures certain' declared values o
W. r..
•,;��, ,S
tho;boundaries:of the'Claim.
Lng •and ;ret onstruoti.pg '•an; o3:Q•`I
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oommunttyl �'�.' the' va118
d r ta t �x Y9
mi 11 'aoated near "the ere at' ].1ie of � Hope 3•1 in •(2). con-
oexlta ,n paok` trails
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aooeptable patent ezpendi-
work done (3.) in repair-
-
l
roads,
•
oia6 road running from
the 'maintain to 'a saw
y u�t '
onneoting.with the road •
and eabti'. other and. 'providing access and means of trans-
portation to ..the ,various olaitseM, and; in, (3) excavating
{
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I .. � k. ! , ;�t
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open cuts:: on : each ot the olaiis
The ,testimlony=shows,_that; they road, over three Miles
� , E�;�
distdnce, entirely off
the '. claimst eoal.y� ext6 `, f means of:,tr�,nsporaation
iaa . forme41` tined - in reaohing° oertain
in leagth�•,�
to -'theta;that'
reservoirs inthe hila but became' so - badly washed. las to
be impassable,:;bys.wagon, and that. Coryoll; former miner
of. claims and eupervisaor or work.for'applicants later
Fayvt.• 4tr r • ...
YY+` fr
`t yr.
with
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assiata i@d to • some extent of • homesteaders', .
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•repair
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lumber
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road.ar,ap,btirs oto'
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efiet iauled out over this
claims.%hlbel res cbod
neaaegitiy� to hau1sLippli®a
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honosteadersl' to 17 0Ph thel.r
or the upset o'tl the rou
:road.' by .which the
'ia }not believed 4t
ay{ seems to be a '
development work' to, the
at*lemirk oontributed . by
de 13!ing along the route
out 4the Output of . the saw
resumption 'that it ;
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e;in good faith for.
aoona and' RookeHarbor
Departlent held that a wagon
n good`'faith and for the
n -the conduot of mining op -
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road or .trail constructed
manifest purpose of aiding
eratioua on 'the pPrti cu
m that it is sought Ito be
ga4egitimate dettelop- .
accredited is ;properlp or.;ed
merst -for patent purposes `*
if 'sucks goad :''beneri is
a vd� ttpon
IV
hs re.. s no reason. perceived
cap ; of claims why .the value
to 'make it serviceable
hould � not, ,bei on ted
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ao. °to ds�ei.ap:�
ails ;'c bII .trrualjt,ita,.�1
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07/03/90 09.134,(
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472 .ERICKSON PAPANEK
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y"h
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tie
:Across C1�iA18i
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der,:
alongf they, top
of aooes
tp ol�aime
also ',,minor
Proper '7
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e 'ahal*.oliffs •.
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•40theris, e tV ••to and .
rovide••dirrerent vrays
Veit.: There are
friththeee.;
te1:deaigned as
and tram ; one
another.:: ort
They. way
A mode
claim to
ionm o3thein pass}outside the boundaries
).1„1 .1 n
of the olain>s in ,their Bourse from claim to claim, but
being a of the .system, their value should be taken •
into account
among, t
u aprortionirg'CI1e value .of the system
a4ma cf 'the gxoUp
e open'! outs
en
M�7#sY5?'a
• Gov ernments,srxitnesses,arehe
hough' appraised: by • the
mineted from -their ooaputa.
tiob.a* oxpe
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f° available enditur because the diaoiose no
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^. fd' •W i'D'.; r. etc �i � < C� .=+1 M F rrK. F�.—'“,g Vis•.
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oil ghale.� yO en: outs ;ars# generally -'regarded as work of
ng, nature, and: it •beingf4admitted that oil 'Shale
the ^ 1•. i e it ,wou d seem f •
the; work .is pur-
ref },I
OA 2.d i.n ti fell:, 0
th' i nder thi bei
ilk IIi j
td w
d the .,¢inia , on
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onolude q;'bo• the
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done suh..jcet,';•::.t.ecthA,,,,,',..p:urib.,Iiii,,rres:,t:i:neri.od :in .ths.t •csse
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exist inAthis -4,4, ,Therefoze 1 0.613 -4. atit'; silould be a.11oeed
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a reasonab e-i-timvaftercnotfce -1.,,tkiS 71 deciision to sub -
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mi tr a,, plat, and,A tri davit .:',.ithi 01 ,wh„.77ic,er,i aidered tether.,
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the :.posftiti:%cif.• ,,Ouok,irlippov,p;ie 4;q:I.-zcoxlrees• and distances
'' '''ilto-:,availtib3.ell-C4 tor Ei: ' of*.sthe4p '',el.trveye.. True copies
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ci f said'h tat. tr‘an skffidtitilt7ithiAti d.''. e:'..'filso. ' wi Vv. th oilier
=. ' •-;,,,,k-..-s`l''',,1•;`,”: -:,,.. >,-.•..i.-•,:-..., .. v;.,.--.•
of field ..divisiok, at Deliver;". COlo-radO, If u?oz.i further
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.field:iilvestl.gation and report' it Is deterrained that the
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AUG -13-'90 09:56 T -MART 1 N TN SPEARS 587 14859-01
Cary E. Weldon
P.O. Sox 846
MARTIN, TENNESSEE 38237
August 13, 1990
FAX ##1-303-625-2402 SID Attn: Mr. Charles Kent
Commissioner Arnold Mackley
Garfield County Commissioners
County Courthouse / Suite 301
109 8th. Street
Glenwood Springs, CO. 81601
Reference:c1al Use Permit to Cecil Gardner
Protest to the Application
Dear Commissioner Mackley & Garfield
County Commissioners:
Circumstances beyond my control will not permit me to appear
before your board and personally protest the above referenced.
In light of that, please accept this transmittal in it's dual-
purpose role, to introduce to the board my acting representative,
and to reiterate my protest.
Mr. Charles Kent, my longtime friend, lives at Battlement Mesa,
is very knowledgeable concerning the above referenced and has
complete authority to speak and act in my behalf concerning such.
He is aware of the problems I have faced of the public assuming
my private road is legal access which creates noise and litter pol-
lution. He is also familiar with Mr. Cecil 'Gardner and Gardner's
partner, outfitter Jim DeKam who has caused me alot of anxiety
and problems over the past four to five years.
My property adjoins Mr. Cecil Gardner's property which is de-
scribed in the Public Notice. My property is legally defined as
Lot 11, Section 25, Township 7 South, Range 95 West of the 6th.
P.M. and is accessible via -County Road 338.
I wish to be a party of record that I vigorously oppose the
granting of the Special Use Permit to Cecil Gardner and/or Jim
DeKam for the purpose of constructing and operating a hunting
resort on their property which, as stated above, is adjacent to
my property. I am appalled to learn that they have defied you
County Commissioners and have begun preliminary construction of
the hunting lodge even in the absence of the Special Use Permit.
I have found that this type of behavior is common practice with
them.
Page 1 of 2
AUG -13-'90 09:57 T -MARTIN TN SPEARS 587 13859-02
• •
Page 2
Mr. Charles Kent
Commissioner Arnold Mackley
August 13, 1990
To construct and operate a hunting resort from Cecil Gardner's
property will only create more noise and litter pollution, tres-
pass situations on my property and deterioration of my private
road by 4 -wheel drive vehicles.
The granting of the Special Use Permit to Cecil Gardner and/or
Jim DeKam will only compound an already inflamed situation.
I pray that you Commissioners will act responsible to restore
harmony within my neighborhood and deny the granting of the
Special Use Permit to Cecil Gardner and/or Jim DeKam.
jry truly yours,
41
Cary E. Weldon
gl", 41;914Q
• September, 1988 - Page 239 •
)(1)
PROCEEDINGS
PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO
September 12, 1988
RANCH AT ROARING FORK
Mike Romanus, 0125 Stagecoach Circle, Carbondale, representing the Homeowners
at Ranch at Roaring Fork, discussed the small stretch of land designated a
county road (approximately 200 feet) which the Homeowner's Association is
preparing to resurface. He requested the county's aid in resurfacing this road
and discussed what the Homeowner's Association had done to maintain the road.
After discussing the road with King Lloyd, Road & Bridge Supervisor, and Mark
Bean, Director of Building, Planning and Sanitation, the Board directed Don to
look into the legalities and history of the ownership of the road and if it was
found to be a county road, the county will assist the resurfacing of the road
and then give the maintenance responsibility of the road to the Homeowner's
Association.
COUNTY ROAD 302
Lee Hayward, P.O. Box 248, Parachute and Kerry Weldon, P.O. Box 846, Martin,
Tennessee 38237, discussed County Road 302 and asked who owned the road to the
BLM property. King Lloyd, Road & Bridge Supervisor, stated that the county had
agreed to maintain to Lee's gate. There was a land trade between Savages and
BLM which Mr. Hayward had not been aware of until recently and the BLM contends
the road belongs to the county but the county has not maintained it since 1982
and Mr. Hayward feels it is his road. The Board directed Don and King to
investigate the legality of ownership and inform Mr. Hayward of the results.,
PONDEROSA ROAD
Roy Elwell, 0068 Ponderosa Drive, Glenwood Springs, discussed the drainage
problem and traffic flow on Ponderosa Drive. There is no control of the
traffic -and -drainage from about 300 acres of land goes into Ponderosa Road
barrow ditches and culverts. When there is an overflow, the water has no place
to go except his land and house. His yard has been washed out and he, from the
present storm, has 7 inches of mud in his garage. He expressed a desire for a
stop sign and an island which would divert the water. The Board knew of the
drainage problem but there was a problem with the State Highway Department's
inadequate culverts under I-70 which is where the water would ultimately go.
The Board directed King to go out and look at the situation as soon as possible
during this storm to see what can be done. The Board will get back with Mr.
Elwell.
JACK'S POCKET VILLAGE SUBDIVISION PLAT
Rick Stenger discussed the subdivision plat of Jack's Pocket Village
Subdivision Filing No. 5 and Commissioner Schmueser declared a conflict of
interest which was recognized. Don stated he had reviewed it and found certain
language missing which necessary to the agreement to make the roads county
roads but clarifying that the cost of the maintenance and repair would not be
the responsibility of the county's. This language had been written, subsequent
to the completion of the plat, in indelible ink and initialed by Mr. Stronger.
Commissioner Smith made a motion that the Chairman be authorized to sign the
plat for Mesa Ridge Jack's Pocket Village Filing No. 5 and to initial the
handwritten added language. Chairman Richardson stepped down to second the
motion; carried.
Commissioner Smith made a motion that the Chairman be authorized to sign the
Subdivision Improvement Agreement with Battlement Mesa Inc. and Gary Lester
Homes of Colorado Inc. for Jack's Pocket Village Subdivision Filing No. 5.
Chairman Richardson stepped down to second the motion; carried.
CO'T'TONWOOD SPRINGS PARTNERSHIP - TAX SALE CERTIFICATE
John Schenk, representing the Cottonwood Springs Partnership, discussed their
interest in purchasing the tax rales certificates of 3 abandoned mobile home
units which had gone up for tax sale and had not been sold. Commissioner Smith
made a motion that the Chairman be authorized to sign a resolution transferring
the certificate of purchase for 3 mobile homes to Cottonwood Springs
Partnership. Commissioner Schmueser seconded the motion; carried.
TAX CERTIFICATES
There was further discussion with Georgia Chamberlain, County Treasurer, in
reference to other property not sold at tax sale. The Board directed Georgia
that all tax sales certificates should be assigned to Garfield County and, on
an individual basis, may be sold after being presented to the Board of County
Commissioners. Commissioner Smith made a motion that the Treasurer be
authorized to assign tax certificates to the county and to assign the county
held certificates to other interested parties. Commissioner Schmueser seconded
. June, 1985 - Pae 549
PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO
JUNE 3, 1985
Owens, rec,arding the re..juirenent of counties to apply for right of ways for
county roads on BLM lands. After cor,=iderable discussion, it was agreed that
ELM would maintain the JQS Trail and the following roads would be considered in
an application for rights of way:
County Road 302, Battle Creek Road - county to obtain right of way up to3
Hayward Gate.
County Road 329, 350 and Spruce Creek Road - BLM will retain right of way
acquisition.
County Road 345, Cleer Creek Road, - is not considered a county road.
There was a discussion with a representative of the City of Glenwood Springs,
Kevin Kadlec,. regarding their request for a small easement or vacation of
county property on the southwest corner of the Mountain View Property for the
purpose of constructing a wider degree of turn for debris channelization. It
was a topic brought before the Board for consideration and needed no immediate
decision. The Board deferred consideration until the present offer for the
purchase of the Mountain View Building was considered.
There :was discussion with County Building and Sanitation Director Bill Thompson
regarding the issue of whether or not toilet facilities were needed at the Silt
water treatment plant. The Board of Review upheld the Board of Health's claim
that the facilities were necessary.
Commissioner Schmueser made a motion that the Board of County Commissioner
adjourn and the Board of Health convene. Commissioner Cerise seconded the
motion; carried. Commissioner Schmueser made a motion that the Silt Water
Treatment Plant be required to install a 1000 gallon holding tank to meet the
needs of the toilet facilities within the plant. Commissioner_Cerise seconded
the motion; carried. Commissioner Schmueser made a motion that the Board of
Health adjourn and reconvene as the Board of County Commissioners.
Commissioner Cerise seconded the motion; carried.
Department of Energy Consultant, Dennis Stranger and Dave Sturges discussed the
master land permit plan.
Commissioner Cerise made a motion that the Chairman be authorized to sign the
Tax Abatements for the following which were lost by the Assessor's Association
lawsuit:
Atop Drilling, Inc. - Drilling Rig No. 5 for $1,223.27
- Drilling Rig No. 3 for $2,831.20
Nicor Drilling - Drilling Rig No. 44 for $3,065.02
- Drilling Rig No. 38 for $2,212.29
Challenger Drilling, Inc. - Drilling Rig No. 12 for $7,788.64
Commissioner Schmueser seconded the motion; carried.
Commissioner Cerise made a motion that the Board of County Commissioner go into
executive session to discuss matters pertaining to Rifle Village South and
court cases in litigation. Commissioner Schmueser seconded the motion;
carried.
Commissioner Cerise made a notion that the Board come out of executive session
and reconvene as the Board of County Commissioners. Commissioner Schmueser
seconded the motion; carried.
Contaissioner Schmueser made a motion that the Chairman be authorized to sign
the contract assignment of C1: ycoriw EnyLneering and that Claycornb turn over any.
information, to date, that the county requests to the new engineering firm,
High Country engineering.. Cont'nissiorier Cerise seconded the motion and, -after.
discussion, withdrew his second and -the motion died for lack •of a second.
Correnissioner Schmueser made a motion that the meeting be adjourned.
Commissioner Cerise seconded the motion; carried. The meeting was adjourned at
6:30 P.M.
ATTEST: BOARD OF COUNTY CCMISSIONERS
GARF1ELr, ��i, �T , OLO
ii Clerk ofJthe4Boa d + ,41-
G
Chairmah
• Ed) T -
February 22, 1973
The First National Bank in Rifle
Rifle
Colorado 81650
Gentlemen,
At your direction and request, I have examined abstract
of title No. 5020 to the following described propert
situated in tae County of Garfield, and State ofColorado,
to -wit:
Lot 10 and 15 in Secpion 23; Lots 5, 11 and 12
in Section 25; Lot 1 and 2; SEkNE'of Section
2.6, al l in Tp. 7 S., R. 95 W. 6th P.I.
Except instruments pertaining 'to Zoning or
County Subdivision regulations in Garfield
County recorded or filed subsequent to
December 15, 1970.
This abstractconsists of 59 entries, and is certified to
the 31stday of January, 1973, at 8:00 o'clock A.M. by the
Garfield County Abstract Company. From this examination, I
am of the opinion that title to said land at said time of
certification -was vested in Lee L. Hayward, mdthat said title
was marketable, subject, to the following:
ENCUMBRANCES
A:deed of: trust from the above named owner to the Public Trustee,.
dated :January 19, 1973, and recorded January 22, 1973, in book
439 at page 587.' This deed of trust:secures a note of said owner
for $18,850:00, payable to The First National Bank in Rifle, in.
five annual installments of $3,770.00 each, on the 15th day f
December of each year, with interest t:.,ereon payable at the rate
ofAi7. per annum on June 15, and December 15, of each year. ..This
deed of trust constitutes a first lien on the above described land,
subject only to the lien of taxes as set forth below.
aJ
The First National Bank in Rifle
February 22, 1973
Page 2
TAXES
The lien of the general taxes, for the year 1973, attached
on the first day of January, 1%7;, at 12:00 o'clock noon,
although such taxes will not _: ?ayable until after January
1, 1974.
A Treasurer's Certificate of Taxes Due is attached hereto,
which shows that the 1972 taxes, in the amount of $31,70 were
unpaid as of the date of the certificate, These unpaid taxes
`constitute a lien prior to the first deed of trust mentioned
above..
The undersigned is aware that Claude V. Hayward passed away
shortly after` conveying this property to Lee L. Hayward.
The undersigned is of the opinion that this transfer is subject
'-to the Colorado inheritance tax lien, which would be prior in
time to the first deed of trust mentioned above.
MINERAL INTERESTS
The above described property may be subject to an oil location
certificate for the 3attlement No. 7 Placer Mining Claim,
recorded in book 111, at page 445, abstracted at entry • No. 4.
The above described property may also be subject to outstanding
oil and gas leases recorded in book 345, page 290, abstracted.
at entry No. 36, and recorded as document 236925, abstracted
at entry No. 45, as modified by abstract entry No. 53, This.
property may also be subject to the agreement for the development
and operation of the?Rulison Unit Area, abstracted at entry No. 50.
No opinion is expressed as to the current validity of any of these
outstanding oil and gas leases.
• 5 & D -ROADS AND EASEMENTS
NTS
The above described property may be subject to easements for
roadway purposes, as disclosed by document recorded in book 387,
page. 558, abstracted at entry No. 48; to a right of way granted
to the Holy Cross Electric Association by document recorded book
398, page 453, abstracted at entry No. 52; and to a right of way
easement granted to the Mountain States Telephone and Telegraph
Co. by document recorded in book 438,_7age 271, abstracted at
entry No. 58.
The First National Bank in Rifle
February 22, 1973
Page 3
SPECIAL DISTRICTS
The above describe • property is contained within the following
special districts, and is subject to the lien of taxes, and other
requirements of:
The BookCliffs-:Soil Conservation District
The Grand Riv r Hospital District
The Grand Val ey Fire Protection District
The West Divi.e Water Conservancy District.
EXCEPTIONS
The undersigned no es that an additional tract of land lying in
the NW quarter of ection 34, Tp. 7 S., R. 96 W., of the 6* p.M,
is included in the deed of trust above mentioned. Since the
abstract of title oes not cover this property, no opinion is
expressed as to the ownership of that parcel.
Many of the docume,ts.contained in this abstract refer to the
WSEk of Section 2 as Lots 10 and 15, to the N'NEk; Section 26
as Lots 1 and 2, t. the SW3/4NWJ of Section 25 as Lot 5, and to the
N4SW3/4 of Section _s Lots 11 and 12. The abstracter's certificate
refers to the pro•er y by these designations, although nothing
appears of record to indicate that the Section numbers are, in fact,
equivalent. to th lot numbers as set forth above. This opinion is,
therefore, expre sly ubject to the fact that these lots and section
numbers are, in; fact, -quivalent.
5
REMARKS
This: opinion i !based u•on.an office examination, which is an
examination o the abst act itself and not of -the records therein:
—referred to.
This opini°on is also exp essly subject to:
1. Rights •r claims of •arties in possession not shown .of record.
any, which might be disclosed by an
2.. Defect of title,
accurate s rvey.
3; Those limitations p aced upon the abstract by Y the abstracter _s
4. Improvements made ithin 90 days prior to the date of abstract
certification and not
mechanics lien. aid for, which could be the subject of!.a.
No'opinion is expresser as to the ownership of any water rights.
•t:
rf ,_
c� }
Book 387
Page 558
Recorded at 10:30 A.M.
Reception No.Ueptember 14, 1967
238934 Chas.,j.Y,eegan,Recorder.
GRANT OF EASEMENT AND RIGHT OF WAY
THIS AGREEMENT, made and entered into by and between
Cl .ude V.fl vej;,rd
Grr,nd Vrlle , Co]or,do
(Grantor), First Party and AUSTRAL OIL COMPANY INCORPORATED (Au
2700 Humble Building, (Austral),
Houston, Texas, 77002, Second Party;
W ITNESSET H:
In consideration of the payment of Ten Dollars (310.00) and
other considerations by Austral to Grantor herewith, the receipt
and adequacy of which are acknowledged by Grantor:
1. Grantor does hereby bargain, sell, grant and convey and
set over unto.Austral an easement and right of way over and across
the lands of Grantor located in Sections 23,2526
South, Rangeo- , F` , Township 7
_West Garfield County, Colorado, for the sol
e
and exclusive use of Austral, its successors, assigns, permittees
licensees, contractors, subcontractors
servants and agents, for
the purpose of constructing, maintaining, using, repairing and re-
placing of a road and telephone and telegraph lines
, over and across
the lands of Grantor for oil and gas well drilling, testing, com
producin pleting,
g, reworking and abandoning operations and all related actifities.
2. The length of any road so constructed shall be certified
by a registered engineer to Grantor and to Austral.
3. (a) No road constructed upon the easement and right of
way herein granted shall exceed 30 feet in width and each such road
shall be constructed and maintained in a good and
workmanlike manner
and at the sole cost, risk and expense of Austral, substantial) al
the line shown on the y ong
plat attached to this agreement marked Exhibit
rrArr, with such ,.P.<,
sona-i-
le variations therefrom as may be required by
terrain and local conditions. Austral agrees to con
prior to the final location of any confer with Grantor
road constructed pursuant to this
easement, and insofar as consistent with the use to which such road
/`7 '121
Book 387
Page
will be put, to locate the same on the ground in the manner requested
q sted
by Grantor.
(b) Austral agrees that the road constructed by it pursuant
to the rights herein granted shall be maintained during periods of use
by Austral in a passable condition; provided, that Austral shall not
be required to clear such road of snow unless the operations of Austral
so require. Grantor shall have the right to use such road but at the
sole risk and liability of Grantor.
4. At the point where any road constructed by Austral pursu-
ant to this agreement crosses a boundary of Grantor's lands, Austral
agrees to install and maintain a cattle guard and wire side gate,
if requested by Grantor.
5. Grantor agrees that the consideration paid and to be
paid hereunder shall constitute, in addition to adequate consideration
for the rights granted hereunder, full compensation and liquidated
damages for any suits, claims, causes of action or damages which
Grantor and all those claiming by, through or under Grantor, including
any licensee
permittee or lessee of Grantor, might otherwise have by
virtue of the use of the easement and right of way herein granted by
Austral except for wanton negligence, it being the intention of the
parties that this provision shall settle in advance all damages, claims
and causes of action arising out of or by virtue of the exercise by
Austral of the rights herein granted, except any suit arising from
wanton negligence.
6. The easement and right of way herein granted shall
constitute a covenant and estate running with and burdening.the lands
covered thereby 9nd r'ha?1 bind and inure to the benefit of the heirs,
successors and assigns of the parties hereto; provided that unless
earlier relinquished by Austral, the rights herein granted shall
automatically revert to Grantor (or successors) upon the latest to
2 -
• •
Book 387 Page 560
occur of the following:
(a)
The expiration of five years from the date hereof; or
(b) One year after the termination of the Unit Agreement for
the Development and Operation of the Rulison Unit Area, or
One year after the permanent cessation of all oil and gas
operations served by any road constructed hereunder.
EXECUTED this 27th day of July , 1967.
(c)
�l
SEALC �� ��•:
L
•
STATE OF
COUNTY OF
Grahtor
k
Cninrdn
�i•ri'i=J d
) ss.
C1 tude V 1i^yr' I'd
Grantor
AUSTRAL OIL COMPANY INCORPORATED
!-
By /
AtAo d
The foregoing instrument was acknowledged before me this
,day of July , 1967, by
:o
TOO
...... C]? tide V. havw< rd
i“.) Af '•."witness my hand and official seal.
i
sA.• puo,dm fission expires:
e ..... '�Po ; l- /
STATE OF ,E'i ) ss.
COUNTY OF \\\ �\> i? y, )
Notary Public
The foregoing instrument was acknowledged before me this An-)
day of c-\v,,\c-c\---- , 1967, by Acy:-)t•00, \A, —
as c: tt=C - \\,+_ \irc President of AUSTRAL OIL COMPANY INCORPORATED, a
corporation.
-"',Witness my hand and official seal.
' \;:;tY '/!/'
conrmjQsion expires: .Notary�,�'
Public
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t<i'NAT/ONATIONAL'
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R.95 - -�'--
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(SHEET 3) /oe.00'
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Bafflement �„•MoyslOC* M0unleo,
Reservoirs y-� ,5j '0979 SOu/A MOmnf
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MAP GARFIELD COUNTY COLORADO
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(SHEET 3)
KEY TO COUNTY SHEETS
R. 94 W.
•
POLYCONIC PROJECTION 10.000 FT. GRID BASED ON
COLORADO COORDINATE SYSTEM (CENTRAL ZONEI
AT/ONAL _/-'FORE
M E S
MULTILANE DIVIDED PCA
ITA -FULL CONTROL..
Of ACCESS
PCA -PARTIAL CONTROL
OF ACCESS
MULTILANE UNDIVIDED Ilellllllllll�lllllllll�
HIGH TYPE PAVED ROAD •��
BITUMINOUS SURFACED
ROAD LOM TYPE
GRAVEL SURFACED ROAD orsonsame
GRADED AND
DRAINED ROAD
UNIMPROVED ROAD
ISLADEDI . •
PRIMITIVE ROAD • • •
PROJECTED ROAD
FRONTAGE ROAD, PAVED
FRONTAGE ROAD.
GRAVELED
INTERCHANGE ALL TY/ES
SUPPLEMENTAL MAP SHEETS.fj.
SHOW COMPLETE RAM/ PLAN T
HIGHWAY GRADE SEPARATOR TA
POINT TO POINT MILEAGE •
RA'
RA
RA'
GR
RA'
RA
RA
RA
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NC
Er•
IN
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TRAIL
STATE BOUNDARY LINE • • 4=1.44=.444,• ST
COUNTY BOUNDARY LINE • • ••
NAT. FOR. AND GRASSLAND PF
BOUNDARY LINE • Nl
R,
NAT. PARK BOUNDARY UNE >�.,aM�. ttnNIMN
NATIONAL MONUMENTS
INDIAN RESERVATIONS I yyI, '' ` w.'31'a 71
MILITARY RESERVATIONS (WITH NAME)
OTHER PARKS, PLACES p1
CORPORATE LIMITS i.•V„"•;, " 5'1^">ti.'
PF
TOWNSHIP -RANGE LINE
SECTION LINE SL
CONTINENTAL DIVOE • • • • .� -.•� Tr
COUNTY MATCH UNE • • • — — —
RAILROAD - AI
RAILROADS 9R JUKTAPOSTr10N)- - NKNO
/ PRIMITIVE ROADS ARE INT MONTAINO/ Nr
,63
/
71
6800
800
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8200
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•
8800
• BATTLEMENT ROAD ROW ACQUISITION PROPOSAL
LAND OWNERSHIP
Ruth McLaughlin Estate
Alturas Oil Shale Co.
Craig Hayward
Cecil Gardner
Cary Weldon
Bureau of Land Management
BATTLEMENT ROAD ROW
BATTLEMENT COW CAMP TRAIL
. BATTLEMENT TRAIL
rrti
cow
'
1
/7 /
) C)
7
I00 000 FEET
GN
152'
nt.ms
258 MILS
5730"
1000
0092
/ 0
- -
246 R.95 W. II -I WXHURST CREEK)
4462 IV SW
0
1000
SCALE 1:24000
0
2000
5 -
3000 4000
5000
_ -
CONTOUR INTERVAL 40 FEET
DATUM IS ?AIM !;01 If VII
• 10200
1. •
1 MILE
6000 7000 FEET
1 KILOMETER
250
Recorded at 10:30 A.M. Sept 14 1967
Reception No. 238930 . Chas.S..eegan,
GRANT OF EASEMENT AND RIGHT OF WAY Recorder.
THIS AGREEMENT, made and -entered into:by,and between
C.ci i na .(inwr
Grand Valley. Colorado
(Grantor), First Party and AUSTRAL OIL COMPANY INCORPORATED (Austral)
2700 Humble Building, Houston, Texas, 77002,"Second Pa=sty;
w I T N E S 'B E`T H:
In consideration of the payment of Ten Dollars (i10.00)"and
other considerations by Austral to Grantor herewith, the receipt
and adequacy of which are acknowledged by Grantor:
1. .Grantor does hereby bargain, sell, grantand convey and
set over untoi&uatral an easement and right.of ray.ever.and across
the lands of Grantor located in Section 25 , Township
South, Range 95 "West, Garfield County, -Colorado, for the sole 4 ->
and exclusive use of Austral, its succeasora,:assigns,-permitteee,
licensees, contradora, subcontractors, aervants and agents, for
the purpose of constructing, maintaining, using, .repairing and re-
placing of a road and telephone and telegraph lines, -over-and•acrosa
the lands of Grantor 'for oil and gas°well drilling,•tenting, completing,
producing, reworking and abandoning operations and all related actifities.
2. .The length of -any road so constructed "shall :be certified
by a registered engineer"to Grantor and to Austral.
3. (a) No road constructed upon the easement and right of
way herein granted shall exceed 30 feet in width and each such road
shall be conatructed and maintained in a good and workmanlike manner
.e
and at the sole coat, risk and expense of Austral, substantially along
the line shown on the plat attached to this agreement marked Exhibit
"A", with such reasonable variations therefrom as may be required by
terrain and local conditions. Austral agrees to confer with Grantor
prior to the final location of any road constructed pursuant to this
easement, and insofar as consistent with the use to which such road
Book 2387 - •
Page :553
will be put, to locate the same on the ground ;in the -canner" -requested
by Grantor.
(b) Austral agrees that the road constructed by it pursuant
to the rights herein granted shall be maintained during periods of.use
by Austral in a passable condition; provided, that Austral.shall not
be required to clear such road of snow unlese the operations:of Austral
so require. Grantor shall have the right to use such.road°but at,the'
sole risk and liability of Grantor.
4. At the point where any road constructed by AustralInnrau
ant to this agreement crosses a boundary of Grantor's land.,.Australl
agrees to install and maintain a cattle guard and •wire side ate,
if requested by Grantor.
5. Grantor agrees that the consideration;paidand to be
paid hereunder.ahall constitute, in:addition to adequate- consideration
for: the righta.granted hereunder, Tull compensation and liquidated
damages for any suits, claims, causes of action,.or damages which
Grantor and all those claiming by, through or under'Grantor,:including
any licensee, permittee or:lessee of Grantor, might otherwise>:have"by.
virtueof the use of the easement and right of.way herein, granted'by
Austral except for wanton negligence, it being the intention of the
parties that this provision shall settle in edvance.alldamages,.claims;.
and causes of action arising.out of or by virtue ofthe'exercise by.'
Austral of the rights herein granted, except any suit arising from
wanton negligence.
6. The easement and right of way herein granted shall
constitute a covenant and estate running with and burdening,the lands
covered thereby and shall bind and inure to the benefit of the heirs,
successors and assigns of the parties hereto; provided that unless
earlier relinquished by Austral,•the rights herein granted shall
automatically revert to Grantor (or successors) upon the latest to•
•y
Hook 387
Page 554
F 1 J
occur of the following:
(a) The expiration of five years from the . date hereof;: -or
(b) One year, after the=terainationof the Unit Agreement for
the Development .and Operation of the Rulison.Unit Area,
=or
(0) One year• after the peraanent-cessation,of a11„oil_and gas
operations served by any road constructed -hereunder.
=MUTED this _ day of
+"''•IFN+�
SE A
8b..
1
Grantor
v ,,1967.
''
44'2/Lie‘j
Cecil Gardn-r
Grantor
y . AUSTRAL OIL COMPANY INCORPORATED
R • '� it- •
1'.-
L1
•
lk
Colorado
G•rfieif
)
) as.
•
41.44
its foregoing instrument was -acknowledged'`''
July , 1967,, by
OF+•CC1V o+'Witness my hand and official "seal.'
My commission expires
STATE' OF -r '& 5
COUNTY OF CARR S
before ae this 2
Notary Public
_•'".Iiia., The foregoing; instrument was acknowledged 'before se this
t.'�t+1tY PO''�,,
v.r: *..' i4lx�u1.444. • 1967, �b7 a�SF.OH \\. Pt s. ';
4.Ry. „ + . V& President of AUSTRAL OIL' COMPANY ; INCORPORATED, ,a
on.
nese. ay .hand and official 'seal.
"��M %commission expires:
y;Notary
JUN -25-'90 11:05 T -MARTIN TN SPEARS 587 #855-01
•
Carr E. `W e/don
P_O. BOx Bae
MARTIN, TENNE55EE 38237
•
June 25, 1990
FAX./f1-303-945-2379 Attn: Regina.
Commissioner Arnold Mackley
Garfield County Commissioners
County Courthouse
109 8th. Street/ Suite 301
Glenwood Springs, Co. 81601
Reference: Special Use Permit of Mr. Cecil Gardner
Protest to the A llcation.�
URGENT URGENT .URGENT URGENT
Dear Commissioner Mackley & Garfield
County Commissioners:
•
I am in receipt of your Public Notice document concerning the
above referenced.
My property adjoins Mr. Cecil
scribed in said Public Notice.
as Lot 11, Section 25, Township
6th, P.M. and is accessible via
Gardner's property which is de -
My property is legally defined
7 South, Range 95 West of the
County Road 338.
I want to be a party of record that 1 vigorously oppose the
granting of the Special Use Permit to Mr. Cecil Gardner for
his purpose to operate a hunting resort on his property which
as stated above, is adjacent to my property.
The basis for my opposition to the granting of the Special
Use Permit to Mr. Gardner would only compound an already in-
flamed situation. I refer you to my letter to Commissioner
Mackley, dated February 22, 1990. In said letter, I asked for
the Garfield County Commissioners to assist Mr. Lee Hayward
and me in either closing County Road 338 at Mr. Haywards front
gate and beyond, or restrict it to "foot or horse travel". I
asked for the restriction because of the noise and litter pol-
lution I have had to endure from the public.
To operate a hunting resort from Mr. Gardner's property will
only create more noise and litter polution, multiple trepans
situations on my property, and deterioration of my private
road.
1 pray that you Commissioners will act responsible and deny
the granting of the Special Use Permit to Mr. Cecil Gardner.
A Sincer
Ca
E. Weldon
June 20, 1990
Board of the Garfield County Commissioners
uarfield County Courthouse
109 8th Street
•Glenwood Springs, Colorado 81601
RE: Special Use Permit application by Cecil Gardner -
To the Garfield County Commissioners:
Having read the public notice and talked with the applicant or
his representative regarding the Special Use Permit for a
hunting resort, I, as a merchant doing business in Parachute or
Battlement Mesa, sign below in approval and support of Mr.
[Gardner's proposed facilities. Recognizing the revenue that is
generated from recreational users in Colorado, I believe the
communitities of Parachute and Battlement Mesa will benefit from
Mr. Gardner's hunting resort. Out of state recreational users
support Local merchants through the purchase of services, food,
gasoline, and overnight stays in local lodging facilities This
influx of revenue generates itself several times over and adds to
the economic stability of our community.
1 urge you to grant the Special Use Permit to Mr. Gardner.
Thank -you for your concideration.
1\11\k\ --c^/`
June 20, 1990
Board of the Garfield County Commissioners
Garfield County Courthouse
109 8th Street
Glenwood Springs, Colorado 81601
RE: Special Use Permit application by Cecil Gardner
To the Garfield County Commissioners:
Having read the public notice and talked with the applicant or
his representative regarding the Special Use Permit for a
hunting resort, I, as a merchant doing business in Parachute or
Battlement Mesa, sign below in approval and support of Mr.
Gardner's proposed facilities. Recognizing the revenue that is
generated from recreational users in Colorado, I believe the
communitities of Parachute and Battlement Mesa will benefit from
Mr. Gardner's hunting resort. Out of state recreational users
support local merchants through the purchase of services, food,
gasoline, and overnight stays in local lodging facilities. This
influx of revenue generates itself several times over and adds to
the economic stability of our community.
I urge you to grant the Special Use Permit to Mr. Gardner.
Thank you f;'--.)
1_-- our consideration.
• •
June 20, 1990
Board of the Garfield County Commissioners
Garfield County Courthouse
109 8th Street
Glenwood Springs, Colorado 81601
RE: Special Use Permit application by Cecil Gardner
To the Garfield County Commissioners:
Having read the public notice and talked with the applicant or
his representative regarding the `Special Use Permit for a
hunting resort, I, as --a- /'_% ■ V s in Parachute or
Battlement Mesa, sign below
Gardner's proposed facilities.
generated from recreational users
communitities
Mr. Gardner's
in approval and support of Mr.
Recognizing the revenue that is
in Colorado, I believe the
of Parachute and Battlement Mesa will benefit from
hunting resort. Out of state recreational users
support local merchants through the purchase of goods and
services, food, gasoline, and overnight stays in local lodging
facilities. This influx of revenue generates itself several
times over and adds to the economic stability of our community.
I urge you to grant the Special Use Permit to Mr. Gardner.
Thank -you for your consideration.
44..-.-(
• •
:June 20, 1990
Board of the Garfield County Commissioners
Barfield County Courthouse
109 8th Street
31enwood Springs, Colorado 81601
RE: Special Use Permit application by Cecil Gardner
To the Garfield County Commissioners:
Having read the public notice and talked with the applicant or
his representative regarding the Special Use Permit for a
hunting resort, I, as a merchant doing business in Parachute or
Battlement Mesa, sign below in approval and support of Mr.
Gardner's proposed facilities. Recognizing the revenue that is
generated from recreational users in Colorado, I believe the
communitities of Parachute and Battlement Mesa will benefit from
Mr. Gardner's hunting resort. Out of state recreational users
support local merchants through the purchase of services, food,
gasoline, and overnight stays in local lodging facilities. This
:influx of revenue generates itself several times over and adds to
the economic stability of our community.
[ urge you to grant the Special Use Permit to Mr. Gardner.
Thank -you for your consideration.
June 20, 1990
Board of the Garfield County Commissioners
Garfield County Courthouse
109 8th Street
Glenwood Springs, Colorado 81601
RE: Special Use Permit application by Cecil Gardner
To the Garfield County Commissioners:
Having read the public notice and talked with the applicant or
his representative regarding the Special Use Permit for a
hunting resort, I, as a merchant doing business in Parachute or
!3attlement Mesa, sign below in approval and support of Mr.
Gardner's proposed facilities. Recognizing the revenue that is
generated from recreational users in Colorado, I believe the
c:ommunitities of Parachute and Battlement Mesa will benefit from
Mr. Gardner's hunting resort. Out of state recreational users
support local merchants through the purchase of goods and
services, food, gasoline, and overnight stays in local lodging
facilities. This influx of revenue generates itself several
times over and adds to the economic stability of our community.
I urge you to grant the Special Use Permit to Mr. Gardner.
Thank -you for your con4ideration.
aruz,,
• •
June 20, 1990
Board of the Garfield County Commissioners
Garfield County Courthouse
109 Bth Street
Glenwood Springs, Colorado 81601
RE: Special Use Permit application by Cecil Gardner
To the Garfield County Commissioners:
Having read the public notice and talked with the applicant or
his representative regarding the Special Use Permit for a
hunting resort, I, as a merchant doing business in Parachute or
Battlement Mesa, sign below in approval and support of Mr.
Gardner's proposed facilities. Recognizing the revenue that is
generated from recreational users in Colorado, I believe the
communitities of Parachute and Battlement Mesa will benefit from
Mr. Gardner's hunting resort. Out of state recreational users
support local merchants through the purchase of services, food,
gasoline, and overnight stays in local lodging facilities. This
influx of revenue generates itself several times over and adds to
the economic stability of our community.
I urge you to grant the Special Use Permit to Mr. Gardner.
Thank -you for your consideration.
e\.) (l .,Q
June 20, 1990
Board of the Garfield Coun
Garfield County Courthouse
109 8th Street
Glenwood Springs, Colorado
RE: Special Use Permit app
To the Garfield County Com
y Commissioners
81601
ication by Cecil Gardner
issicners:
Having read the public notice and talked with the applicant or
his representative regarding the Special Use Permit for a
hunting resort, I, as a merchant doing business in Parachute or
Battlement Mesa, sign belo in approval and support of Mr.
Gardner's proposed facilities. Recognizing the revenue that is
generated from recreational users in Colorado, I believe the
c:ommunitities of Parachute and Battlement Mesa will benefit from
Mr. Gardner's hunting reso t. Out of state recreational users
support local merchants through the purchase of services, food,
gasoline, and overnight st ys in local lodging facilities. This
influx of revenue generates itself several times over and adds to
the economic stability of our community.
I urge you to grant the Special Use Permit to Mr. Gardner.
Thank -you for your conciderration.
/9
7c1 , l
June 20, 1990
Board of the Garfield Coun
Garfield County Courthouse
109 9th Street
Glenwood Springs, Colorado
y Commissioners
81601
IE: Special Use Permit appication by Cecil Gardner
To the Garfield County Comissioners:
Having read the public not
itis representative regardi
hunting resort, I, as a me
3attlement Mesa, sign belo
Gardner's proposed faciliti
generated from recreations
communitities of Parachute
tlr. Gardner's hunting reso
=support local merchants thr
gasoline, and overnight st-
influx of revenue generates
the economic stability of o
I urge you to grant the Spe
ce and talked with the applicant or
g the Special Use Permit for a
chant doing business in Parachute or
in approval and support of Mr.
es. Recognizing the revenue that is
users in Colorado, I believe the
and Battlement Mesa will benefit from
t. Out of state recreational users
ough the purchase of services, food,
ys in local lodging facilities. This
itself several times over and adds to
ur community.
ial Use Permit to Mr. Gardner.
Thank -you for your consideration.
June 20, 1990
Board of the Garfield Coun
Garfield County Courthouse
109 8th Street
Glenwood Springs, Colorado
9E: Special lise Permit app
To the Garfield County Com
Having read the public not
his representative regardi
hunting resort, I, as a me
Battlement Mesa, sign belo
Gardner's proposed faciliti
generated from recreationa
c.ommunitities of Parachute
Mr. Gardner's hunting reso
support local merchants thr
gasoline, and overnight st_
influx of revenue generates
the economic stability of
y Commissioners
81601
ication by Cecil Gardner
issioners:
ce and talked with the applicant or
g the Special Use Permit for a
chant doing business in Parachute or
in approval and support of Mr.
es. Recognizing the revenue that is
users in Colorado, I believe the
and Battlement Mesa will benefit from
t. Out of state recreational users
ough the purchase of services, food,
ys in local lodging facilities. This
itself several times over and adds to
ur community.
1 urge you to grant the Special Use Permit to Mr. Gardner.
'hank --you for your cont i der
at ion.
A. J /I 3 X.61.14A11:0
June 20, 1990
Board of the Garfield Coun
Garfield County Courthouse
109 8th Street
Glenwood Springs, Colorado
RE: Special Use Permit app
To the Garfield County Com
y Commissioners
81601
ication by Cecil Gardner
issioners:
Having read the public not"ce and talked with the applicant or
his representative regardi g the Special Use Permit for a
hunting resort, I, as a merchant doing business in Parachute or
Battlement Mesa, sign belo in approval and support of Mr.
Gardner's proposed facilites. Recognizing the revenue that is
generated from recreationa users in Colorado, I believe the
communitities of Parachute and Battlement Mesa will benefit from
Mr. Gardner's hunting resp t. Out of state recreational users
support local merchants th ough the purchase of services, food,
gasoline, and overnight st ys in local lodging facilities. This
:influx of revenue generate itself several times over and adds to
the economic stability of ur community.
:[ urge you to grant the Special Use Permit' to Mr. Gardner.
Thank -you for your consideration.
HUNTING LEASE AGREEMENT
This agreement is made this 1st day of March, 1990
between the Alturus Oil Shale Co., c/o Grant D. Erickson,
attorney, 1625 Shermer Road, Northbrook IL 6006 (L ssor) and
_ .QX 6, 09' Ail .e.9C.Z-L, St‘.3. (Lessee) .
RECITALS
1. Lessor desires to increase or realize revenue for
the big game hunting values on his property.
2. Lessee is in the business of outfitting and guiding
big game hunting.
AGREEMENT
Therefore, in consideration of the mutual promises set
forth below, the parties agree:
1. Term: Lessor leases to Lessee the Alturus Oil Shale
Company oil shale placer claims described as;
Sec. 26: S/2, SW/4NE/4, NW/4NW/4, S/2NW/4
Sec. 27: S/2NE/4, N/2SE/4, SW/4SE/4, NE/4SW/4, SE/4NW/4
Sec. 35: N/2, N/2S/2
Sec. 36: N/2S/2, S/2N/2
a1.8 a 12n ow N cto 14 -op -s2- 00. O , /, 2, 3, `1, 5-3 6 )-q
for five years beginning May 1, 1990 through December 31,
1994.
2. Rental: The Lessee shall pay to Lessor an annual
rental of $2,000, to be paid on or before May 1 of each year
of this agreement.
3. Lessee agrees to use the premises only for big game
hunting. Lessee or his sub -tenants shall not use any of
Lessor's buildings or other property unless otherwise agreed
to.
4. The Lessor, Landowner, shall be held harmless by the
Lessee and his sub -tenants from any liabilities or claims of
any party that might be made for any reason resulting from
the use of the leased property by the Lessee or his sub-
tenants.
5. Lessee shall maintain liability insurance in the
amount of at least $500,000 and shall have Lessor named as an
additional insured. A copy of said insurance policy shall be
supplied to the Lessor prior to this agreement taking effect.
6. Lessee and his sub -tenants shAll not willfully cause
any damage to the property, shall not cut any sturdy timber,
•
Hunting Lease Agreement
Ruth McLaughlin Trust
Page 2.
and shall repair or replace any property damaged.
7. If the property is sold this lease shall terminate.
The Lessee shall have the right to renew this agreement
annually for five successive years at the present terms and
rents. If the subject property is sold the Lesse 's renewal
option s hall t e r ° 'nate. —)1-1~1.-1 '. tx.^4N^ , i /
" '44r.4441
8. An material breach f this 1 ase shall be grounds
for termination 30 days after Lessor has given Lessee notice
of the breach and such breach has not been cured.
9. Lessor warrants that he is the owner of the leased
property, has the power to enter into this agreement. Lessor
conveys to the Lessee sole and exclusive use of the leased
property for big game hunting and warrants that those rights
shall not be conveyed to any other party for the term of this
agreement. Lessor does not; warrant the condition of any
roads or trails, but does agree to keep Lessee advised of any
material changes or lock changes and provide keys or
combinations so that Lessee can carry on its activities under
this lease without interference.
10. In the event of any dispute arising out of this
agreement or transaction, the prevailing party shall be
entitled to his costs, expenses, and attorney's fees.
11. Lessee shall be responsible for the security of the
property during the term of the lease, and shall protect said
property from unlawful trespass. _ n ,
'-0/7
Lessee
Grant
. Erickson, Lessor
Dat
Date
I,
•
• £eG
(z/7'
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
J 11
Date
-/�%'y�,
• •
I� swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
7._ z Date
• •
I, swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed G -•(--/
Date
• •
1, ilow,4gd o2DNA
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed Date
• •
I� swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed Date
,2ocs' 4 4 �� 7% ro
I,
• •
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
Date
• •
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Date
1, '1
'L
• •
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
Date
;'c
CLA
C'v
I,
• •
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed Date
• •
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
SignedIC-'144
Date
3c r Mio
• •
1, A2:4„,/ ) `: swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
Date
I,
�-"
•
•
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed Date
A
• •
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
Date
• •
- swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
(;il /666,6_7s4
Date
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
(24-/
Date
•72f
•
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
pi.vc,t53;L
Date �'
• •
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
i9
Date (
�iLt�y /Z 0 it
•
•
I' swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
co o
Date Z�-� 74
•
1, 'I% Peiy Y- swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
Date L -31.)-9D
• •
1, / d/X /9191 5;ACovfc ,swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed 5gy e.c rte- ,
Date G 30 S
I,
• •
2iedie,„
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed Date
Qa ke r
GGA/��e(a-vL
30//'?O
• •
1, SAAy /r, 4FC6-1
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed ,1
"1,4#01'
Date b
• •
IS
�Iy� cis Yl /1 wear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
Date (— 3 u, 90
I,
• •
OLQ�°��'v swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
Date %^U,- ��
I,
e •
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed f Date
7,. -fid
I, JO
•
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
•
1, IDrIv'f ��qs�"' swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed /7/P--€
/✓`��`'
337, (( Seer-
.
Date - 3 - ?c)
I,
ydA
• •
40a11i,� l swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed 2
Date
• •
I' swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed Date
g
.J�
• •
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
Date G
•
I' SS e 7/ r, de,e4Swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
4,"
$+d Date
• •
I' 01,!i I swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
Date 1 - -70
r
• •
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
oR
Date 't-7- % - g(3
I,
-g7 dk-o-e
•
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
Date
/E
I,
• •
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
igned
Date
4Z Woe, 0/94
• •
I, r �i/ArkS 5- , iflte7r swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
chetvel 5: ‘zee, -
61,447
t •
1, /i ystet&-La, . ,'/ c7' swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed. terileed
6
Date ?-2—?0
I , C n 4O xff.
4»ewear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
Date 7 g t1
• •
1, 6/49-/2/e /�!6/ a'fJ swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed ea,,(,,t,e' Per_4/VA—'
Date 7 -;14'd
4
• •
I, Ra,',4'o.„1„,7r swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked. gate.
Signed G?Irrt4,
Date 7-- ?o
• •
I, .'tic% S%/►2-�
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
Date % -
• •
I, �aK� e.
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed J _,
Date I "j,.. I `i [' 4
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed /��I
Date /3 0/70
•
, &‘'
•
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Date l - Y
• •
I,? /y Mice 4/00c/
swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
4,1.e.," 4,4 afr/.1zARL,
Date 7 — ?e7I
• •
I, ;dei/ 4 /s /9(4440/swear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed €, Ste.Q7;feeeitlj
• •
Iswear and affirm that I have used the
Battlement Road up to the Battlement Resevoirs for the past twenty years
without permission or encountering a locked gate.
Signed
Date
Cary E. 'U)eldon
P.O. BOX 846
MARTIN, TENNESSEE 36237
June 25, 1990
FAX.(/1-303-945-2379 Attn• Regina.
Commissioner Arnold Mackley
Garfield County Commissioners
County Courthouse
109 8th. Street/ Suite 301
Glenwood Springs, Co. 81601
Reference: Special Use Permit of Mr. Cecil Gardner
Protest to the Ap1ication,
URGENT URGENT .URGENT URGENT
Dear Commissioner Mackley & Garfield
County Commissioners:
I am in receipt of your Public Notice document concerning the
above referenced.
My property adjoins Mr. Cecil
scribed in said Public Notice.
as Lot 11, Section 25, Township
6th. P.M. and is accessible via
Gardner's property which is de -
My property is legally defined
7 South, Range 95 West of the
County Road 338.
I want to be a party of record that I vgorously oppose the
granting of the Special Use Permit to Mr. Cecil Gardner for
his purpose to operate a hunting resort on his property which,
as stated above, is adjacent to my property.
The basis for my opposition to the granting of the Special
Use Permit to Mt. Gardner would only compound an already in-
flamed situation. I refer you to my letter to Commissioner
Mackley, dated February 22, 1990. In said letter, I asked for
the Garfield County Commissioners to assist Mr. Lee Hayward
and me in either closing County Road 338 at Mr. Haywards front
gate and beyond, or restrict it to "foot or horse travel". I
asked for the restriction because of the noise and litter pol-
lution I have had to endure from the public.
To operate a hunting resort from Mr. Gardner's property will
only create more noise and litter polution, multiple trepass
situations on my property, and deterioration of my private
road.
I pray that you Commissioners will act responsible and deny
the granting of the Special Use Permit to Mr. Cecil Gardner.
Sincer y,
Cary E. Weldon