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HomeMy WebLinkAbout1.0 Application4 411 Kms - rrn4 ( .19) close (I. 30 GARFIELD COUNTY, COLORADO �i'o(0 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30 -28 -101(10)(a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Section 2.02.01(d) and 3.02.01 the undersigned Walter A. Stowe and Delores A. Stowe respectfully petition the Board of County Commissioners of Garfield County, Colorado, tract o 11ee and to exempt by resolution the division of a 3.58 acre 1f-fve e z3C0 (house ) land into ewe tract of tract of approximately 0 ecres rntn k�� approximately 2.18 acres more or less, from the difinitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30 -28 -101(a) -(d) and the Garfield County Subdivision Regulations, for the reasons stated below: Parcel to be created will be for spouse. The subdivision will be made for the purpose of creating a 2.18 acre parcel to be used for mini -storage as described on the plans attached. In support of this petition, the petitioner also submits the follows: (c) ' ker Map drawn to scale showing proposed lot subdivision and access Copy of deed Vicinity Map Statement on source of domestic water Statement on method of sewage disposal 100 year floodplain information where live stream crosses or adjoins said tract Fee in the amount of $54.00 Evidence of the soil types Submit , 1981. d at Glenwood Springs, Colorado, this 'SE -I. day of Walter A. Stowe and Delores A. Stowe P.O. Box 276 Glenwood Springs, CO 81601 Telephone: 945-8373 .1 rnvunn Sw,wvr,.5 •nu 173 L M 1 l Lt L.KL,I✓K UUAUKHIVULt, COLORADO-GARFIELD CO. 7.5 VUTE SERIES (TOPOGRAPHIC) 1 500 000 FEET R /39 W R Hb W. 30 306 107°15' 39°30' 125 . ( 0724/ 7064• SM 5957 ,>000 32 ' I c 36 2 6982 ^\ 11 65x66 \ TIestbank Ranch 1(5935 -, _ _ \ , `6000 � \\l\I ` '1\ Grave t I 610 000 FEET 4373 1 6 S 1 7 S 4372 i1 66394 a 11\.__ Ip k e723z • 1(' o 4371 4370 J - '46° ' TI 27'30" Q3 2, 0U W< vl 0� CG 0 WATER/SEWAGE/FLOODPLAIN 1. Water and Sewage disposal is presently available and in use for the existing dwelling on Parcel B. Because of the use planned and requested under the special use permit filed within this exemption application, no domestic water or sewage treatment will be necessary. 2. The property is not in any designated floodplain. i � f . )(11C l SOIL CIIARACTERI•CS Depth to Bedrock Texture m,),i<;rrrt01 v r1(1 ,;) over sand, F'rF}ve l Surface :sandy loam Subsoil :,;(isdy clsy loam Substratum : tr,r,-v lly :;and•✓ loam, stony srtndy loam Unified/AASIIO Classification:.;M, :sc;, nI', (IV; A A-4, A-1 Permeability (below 2 feet) :rn)1. rntel.y rapids to rapid Percent Coarse Fragments (gravel, cobble, stone) :;,0 to 80 percent below 2 t'not Soil Reaction (pH) :7.4 - 7•8 Shrink -Swell. Potential :low Potential. Frost Action (surface) :low Flood hazard :none Hydrologic Group :B Corrosivity - Steel :high - Concrete :low DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields :0* Sewage Lagoons :S - seepage Sanitary Landfill - Trench :8 seepage - Area :S - seepage Shallow Excavations :S - cutbanks cave, small stones Dwellings w/basements :0 w/o basements :0 Local Roads and Streets :0 SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill :Fair - thin layer, small stones Topsoil :Fair - thin layer Sand :Good Cravel : Good Roadfill : Good OTHER SOIL FEATURES * raniri permeability may cause a pollution hazard. "ADVANCE COPY SUBJECT TO CHANCE" NOT TO BE USE!) IN PLACF OF ON --SITE INVESTIGATION. Map Unit No. XI1C Pert 1( • SOIL CHARACTERISTICS Depth to Bedrock : m4s4ma.r* tw 1y deon over sand, gravel Texture Surface :I*,rav,:,11V loom Subsoil Substratujn :sand and ry!ivo1 Unified/AASHO Classification, J11, :A; A-4, A-2 , A-1 Permeability (below 2 feet) :rapid Percent: Coarse Fragments (gravel, cobble, stone) :0 to lb percent Soil Reaction (pH) :7.9 - 8.4 Shrink -Swell Potential :low Potential Frost Action (surface) : low • Flood Hazard :none Hydrologic Croup :13 Corrosivity - Steel :high - Concrete :low DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields :0* Sewage Lagoons - seepage Sanitary Landfill - Trench - Area - seeprago, too sandy - soepao3 Shallow Excavations - cutbanks cavo. smrr I 1 stonos Dwellings w/basements :0 w/o basements :0 Local Roads and Streets :0 SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill : Fair - seonage, thin layer Topsoil :Poor - small stonos, too sandy Sand . Gno,i Gravel :Good Road fill : Good OTHER SOIL FEATURES * ranid permeability may cause a pollution hazard. "ADVANCE COPY SUBJECT TO CHANCE" NOT TO BE USED IN PLACE OF ON-SITE INVI:STIOATI('N. 44I1OX11Cit.Atuncio-A e1Llne c nplex, ; to :slopes. 4,T1 Phis :n unit is ou alluvial fans and hii;r► terraces. The native eetation is mainly ,;rassr s and shrubs. Elevation is 3,330 Lo 0,500 fee L. The averaj,e annual precipitation is 1') to 1l inches, the average annual air temperature is 4t to 1)0 decrees F, and the average frost -free period is 105 to 13,) drays. 4;I01 This unit is ,i,) .)ercent.Attiecio sanJy loan ari.1 3j p.ercent Azeltin€: ;�rdvelly loam. kw components of this unit are so intricately interulin,;1ed that it was not practical to snap tnem separately at the scale used. $I01 Included in this unit are small areas of soils that are similar to the Atencio and Azeitine out have finer texture. Also included are small areas of ;ravel bars. inclu,ied areas make up about 10 percent of the total acrea,;e. $I01 The Atencio soil is deep and well drained. It formed in alluvium derived dominantly from sandstone and shale. Typically, the surface layer is redui.s,a r;rdy loan J inches Blick. The subsoil is sanJy loan and sandy clay iu..aan id inches thick. ih,, upper 5 inches of toe substratun is ,gravelly sandy loan. The lower part to a depth of 60 inches is sand and ,.;ravel. The soil is noncalcareous to a depth of 20 inches dad calcareous below that depth. in some areas the surface layer is ,;ravelly or cobbiy. . $101 Pertneuollity J1 the Atenclo sjil i3 moderu1,c to .;r depth )1 30 inches and rapiu below this depth. Available water capacity s low, Effective rootin;_; depth is 'ad in;;hcs or more. ;1unc)ff is .low, and the hazard of water erosion is sii;ht. 401 The Azeit.ind •1 i ,idtp and well drairr411 1L formed in l_uviun derived dominantly fan sandstone and shale. iyrically , surface layer 13 reddish ,,,ray gravelly loan d inches thick. .ae upper 'l inches of the underlying material is gravelly loam. The lower part to a depth of uU inches is sand and gravel. Tne soil is calcareous tilrou;,tlout,Lhe profile. In suAue areas the surface layer is coboly loan or sandy loan. $I01 Permeability of the Azeltine soli is rapid. Available water capacity is low. Effective rootin , depth is nO inches or more. itunoff is slow, and the hazard of water erosion is slignt. ;.I01 This unit is useJ mainly for irriigated hay and pasture. It is also used for urban development, wildlife habitat, and r angel and. 1.01 If this unit is used for hay and pasture, Lhe main limitations are low available water capacity and small stones. Grasses and 1egu:nes ;row well if adequate fertilizer is used. Using; management that .maintains opt.i:nu:n vi:;ur- ami quality of forage plants is a :;ooJ practice. Because r +� droughty, applications of irrigation water .should ue light and frequent. Irrigation water can be applied by the cornu :atiun, sprinkler, and floodine; ;meth is. JA01 Tne potential plant cu,uu.lity on this unit is .vainly western Writ LI Lr;raLi , r l,,(,r ,,, >, eedlenndt.hr,. d.j , t) Siae�i,'Jru:iil, ail'1 I)Ula,j ic.l:i '"cat):J.11,t)rlJ::i11. oleV,1.:1.1 U 1�1:.'.,!r,l.i;i, prairie? Iunegrass, and taottle:orush squirreltail curn:nonly are dlsu present t.►e poteatial plant community. The avr.a.;e annual production air-dry vegetation i3 about jOU pounds der acre. mar►o E;Illent practices suitable fur use on this unit are proper ;yrazlnuse Xl 1C • i Atr•: c i `: i +�';�•. 1 These nearly le vol to trent J : 1 mint, soils are on a 1 ley n 1 m s ,t! hirh terraces at elevrt',irins of (1(100 to 7500 feet. The ay., a,..: ,+n t. re- cipitation is EC -net 16 inches t'.+e mearl annual air tn...nr: t,t]T' i a} • it. 46°P. , and t}. once,; of; 'i) 1 is ((bout 110 lays . T} At.,ic io • t1 . 1 i 1, 1.1.11, : r n 1 ;c^ttr)e. It vT 1(' !a 'i' 1 ,t 60 nor , it; t.}+r! :mit,. h „t i `lr` :1o11 positi s • makes un fl. }1t)'J.t, ,iO nerc,'wt or t.il+`1 u:i it• . a hi(rt -- rercentare of co})}°ir; n�ri,1 ir'l1y I,: 1+0 in }.rts ,n„ 1;11e rofi I.! };•,r. t} •1' soil • :nt 10 percent-, o0 tho uni t, ir, :-:'avo ! } rtr:; > fir -,,or ', xt•lr•H A• • cio .;oil is moderato;; loop ,.r„1.1 1 inn 1. It 'or••Ir• mix<! ;.l :, an i l,r' r.i'.i .,11 Iviin . i., }- r., ,.i: s -hr 'I in(• I 1 . .'! ., „,l'n:;n , ., 1-b r, e 1 1.,.. o:+ • incur,, t,} 1C1” . :tt;Llrrl l., 1 1n14rr1 Lim..:, }. Ix "f and Crew!O 1r•11t „ 1,04-;74-)r:' r, i,ieho.3. ,, , to .'(1 Pr., �rtr,�.. , + .., r�r>rir.� I ..1 � � � ;r• , .i vri rt,, . i }1 l .- i •chi:•: r'Uno°r s y• mixe 1 In In 1,, 0.11 t -.o +1.11 1111. 'in. 0,1• L,r, •i -I t;1i • hn r. ,' i r, .; i n s1) i 1 i ;, PI l ••.vc, 11 1'•1l i u . 1• rt t',, • .•. 11, skirt 1 r . rl, i'.•,"•,1 1 ,ln:. ':t } I i .11l-1)r'rl"!rl .-r•t., 1 ILL.() ,1 /1:, I 1 rle h.! ,. :'r ,166. I it:,- is r,.• 1. the a' L 'Yttor (^71i.,cit, • i r• rooti i1- Ior•t}1 i1; 1'1 1. 0 ?ll is 0.t)7 to 0.00 in. 'in. Surf(,-(, rn is slow ,l ' t s:.nj t;r.r: r , i'�n har,:�r'rl is ;, ,. • • s c ; "(4 freu-•- low wa-,;(-1-A11.r caracit:-. -}:97 wi' yiel c-)ps pf -ley, an- 1 ',ot4toos. iYtt:', el"' lent from septic ta.,k absor-)ti-m. . fies 7 -ollate pround wate-. Lan ;:a ability Unit: 4S irriTrated 6E non-irrigate,1 itanre.Site: Loamy Slopes 1 bCs 4b8 PA(,E 588 Recorded at n o'clock..L M Reception No 6240 FEB `1 1975 Recorder. THIS DEED, Made this 2 i/2-1` day of 1 ,Alit' Ufi R 1/ 19 75 ,between CHARLES E. CORYELL, a.k.a. C. E. CORYELL, a single person; PATRICK B. CORYELL and ADELINE CORYELL, husband and wife; CHARLES R. CORYELL and JOAN CORYELL, husband and wife, of the County of Garfield and State of Colorado, of the first part, and WALTER A. STOWE and DELORES A. STOWE RECORDER'S STAMP STATE DDCOMEIiT RY Fit FEB 31975 of the County of Garfield and State of Colorado, of the second part: WITNESSETH, that the said parties of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION to the said part le Sof the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha Ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: A tract of land situated in Lots 20 and 21 of Section 1 in Township 7 South, Range 89 West of the 6th Principal Meridian, lying Easterly of the Easterly line of a 20 foot roadway and Westerly of the Westerly line of a 20 foot roadway, as con- structed and in place, described as follows: Beginning at a point on the Westerly line of said 20 foot roadway whence an iron post with a brass cap set in place and properly marked for the Southeast Corner of Lot 36 in said Section 1 bears N. 87°34'16" E. 932.27 feet; thence S. 02°32'00" E. 4.20 feet along the Westerly line of said roadway; thence S. 17°00'00" E. 86.23 feet along the Westerly line of said roadway; thence S. 18°38'00" E. 109.74 feet along the Westerly line of said roadway; thence S. 04°41'00" E. 101.45 feet along the Westerly line of said roadway; thence S. 15°10'00" E. 78.09 feet along the Westerly line of said roadway; thence S. 00°17'00" E. 41.05 feet along the Westerly line of said roadway; thence S. 05°43'20" W. 44.40 feet along the Westerly line of said roadway; thence S. 88°26'01" W. 115.85 feet to a point on the Easterly line of said 20 foot roadway; thence N. 06°13'49" W. 115.73 feet along the Easterly line of said roadway; thence N. 29°42'12" W. 82.41 feet along the Easterly line of said roadway; thence N. 44°08'24" W. 65.48 feet along the Easterly line of said roadway; thence N. 62°16'10" W. 56.50 feet along the Easterly line of said roadway; thence N. 86°49'13" W. 30.84 feet along the Easterly line of said roadway; thence N. 09°02'12" W. 205.86 feet; thence S. 87°47'00" E. 243.17 feet to a point on the Westerly line of said roadway, the point of beginning, containing 2.04 acres, more or less. Together with an easement over and across existing easements, rights of way and roadways for access purposes from the above described property to old State Highway No. 82. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 768. WARRANTY DEED—To Joint Tenants. —Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado—S-73 Buo 6 8 PAGE 589 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the secod art their heirs and assigns forever. And the said part ies of the first part, foir them selves, /�hhheirs executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature, soever, except 1975 general property taxes, U.S. Patent reservations and exceptions, easements and rights of way of a public or private nature including, but not exclusively, those for roads, ditches and power lines, building, zoning and other governmental rules and regulations and Charles E. Coryell, a.k.a. C. E. Coryell, Patrick B. Coryell and Charles R. Coryell hereby reserve an undivided one- half interest in all oil, gas and other minerals in, on or under the above described property, together with the right to prospect for, mine and remove the same, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said partieS of the first part hale hereunto set their hand S and seal S the day and year first above written. Eincd, Sculcd and DcliN crcd in tht Prc.icncc of Clce (SEAL) CharIe.S....R. Cir e11, husband -.-and... (SEAL) .`� (2r�� Joan Coryelli.7 wife ---- STATE OF COLORADO,- - -- County of Garfield }ss. _ � 7 C aEieCorye!1, alsingleperson] �� <"_ / EAL .Patri'dk-B._ Cory Il, `husbanT anc Adeline Coryell, The fore jpg Inst mentiL was acknowledged before mevthis E . 84� commission expires CO V L EiT;gga AX -ib �i�l 1•� •,If by natural person or persons here insert name or names; if by persons acting in representative or official capacity or as attorney-in-fact. then insert name of person as executor, attorney-in-fact or other capacity or description; if by officer of corporation, then insert name of such officer or officers, as the president or other officers of such corporation, naming it. wife [SEAL] X I51ANB , 1pgfeC fif E; RP.ATRICK • . Witness my hand and official seal. Notary Public. 0 z WARRANTY DEED JOINT TENANTS 0 E-4 O 1 L.4.1 ia. occ a 0 0 0 0 F E-4 w 0 y 0 0 I hereby certify that this instrument was filed y - CD 73 Leo 0 V Q1 �G C� 4 \c VY 3 w m y 8 a a 0 0 Recorded at o'eloc Reception No 414540 MAY - 6 1981 BOX 570 P►cE 916 THIS DEED, Made this 19 81 , between PATRICK B. CORYELL of the Colorado, of the first part, and WALTER ARTHUR STOWE and DELORES STOWE Recorder. day of County of Garfield State of whose legal address is 5447 154 Road Glenwood Springs, Colorado 81601 County of /Gar &I6tate of of the Colorado, of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the sum of Recorder's Stamp MAY - 6 1981 !,TT r, it p f TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and quit claimed, and by these presents do es remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest and demand which the said party of the first part has in and to the following described lot or parcel of land situate, lying and being in the County of Garfield and State of Colorado, to wit: SEE EXHIBIT "A", A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE a w st Hu TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said part of the first part, either in law or equity, unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy. IN WITNESS WHEREOF, The said party of the first part has hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in the presence of [SEAL] Patrick B. Coryell/ [SEAL] STATE OF COLORADO, County of Garfield The foregoing instrument was acknowledged before me this day of 1981 ,by PATRICK B. CORYELL [SEAL] My commission expires WITNESS my Fianand official seal. No. 962. QUITCLAIM DEED.—To Joint Ten .nt..—Pradford Publishing Co., 1846 Stout Street, Denver, Colorado (573-5011)-10-78 Z. • tyyj, 570 Pau91-7 A parcel of land situated in Lots 36 and 20 of Section 1, Township 7 South, Range 89 West of the 6TH P.M., being more particularly described as follows: Commencing at the Northeast Corner of said Lot 20, an iron post with brass cap found in place and properly marked; thence S. 87°34'16" W. 932.27 feet to a point on the southerly line of a parcel of land described in Reception No. 249280 as filed in the Garfield County Clerk and Recorder's office, the True Point of Beginning; thence S. 87°47'00" E. (bounded on the nort •y sal'eception 20.08 feet; thence N. 02°32'00" W. (bounded on the west by said Reception No. 249280) 86.77 feet to a point on the southerly line of said Lot 36; thence N. 03°15'00" E. (bounded on the west by Parcel D of Reception No. 305509 as filed in the Garfield County Clerk and Recorder's office) 92.29 feet to a point on the southwesterly line of a tract of land described in Reception No. 312631 as filed in the Garfield County Clerk and Recorder's office, being also 50.00 feet southwesterly of the southwesterly right-of-way line of the Denver and Rio Grande Western Railroad; thence, parallel to said southwesterly railr.oEd right-of-way, along the arc of a curve to the right (bounded on the northeast by said Reception No. 312631), having a radius of 1760.08 feet and a central angle of 01°53'46", a distance of 58.25 feet (chord bears S. 22°10'00" E. 58.25 feet) to a point on the westerly line of Parcel D described in Reception No. 261923 as filed in the Garfield County Clerk and Recorder's office; thence S. 03°15'00" W. (bounded on the east by said Parcel D of Reception No. 261923) 39.58 feet to a point on the northerly line of Parcel C of said Reception No. 261923; thence N. 87°06'00" W. (bounded on the south by Parcel C of said Reception No. 261923) 0.11 feet; thence bounded on the east by said Parcel C of Reception No. 261923 the following eight (8) courses: 1. S. 02°32'00" E. 81.26 feet; 2. S. 17°00'00" E. 79.94 feet; 3. S. 18°38'00" E. 60.79 feet; 4. S. 18°31'00" E. 53.75 feet; 5. S. 04°41'00" E. 102.82 feet; 6. S. 15°10'00" E. 80.07 feet; 7. S. 00°17'00" E. 51.95 feet; 8. S. 07°56'00" W. 38.23 feet to the point of intersection of the westerly line of said Parcel C of Reception No. 261923 and the southerly line extended of a parcel of land as described in Reception No. 266220 as filed in the Garfield County Clerk and Recorder's office; thence S. 88°26'01" W. along said southerly line extended 43.94 feet to the Southeast Corner of said Reception No. 266220; thence bounded on the west by said Reception No. 266220, the following seven (7) courses: • 0 1. N. 05°43'20" E. 44.40 -feet; 2. N. 00°17'00" W. 41.05 feet; 3. N. 15°10'00" W. 78.09 feet; 4. N. 04°41'00" W. 101.45 feet; 5. N. 18°38'00" W. 109.74 feet; 6. N. 17°00'00" W. 86.23 feet; 7. N. 02°32'00" W. 4.20 feet to the True Point of Beginning. containing 0.56 acres, more or less. EXHIBIT "A" JOHN R. SCHENK DAN KERST WILLIAM J. DEWINTER III SCHENK & KERST ATTORNEYS AT LAW SUITE 100, VILLAGE PLAZA GLENWOOD SPRINGS. COLORADO 81601 June 26, 1981 Garfield County Planning Department Garfield County Courthouse Glenwood Springs, CO 81601 Re: Walter Stowe/Special Use Permit Gentlemen: Enclosed please find a Warranty Deed between Josephine Coryell and Walter A. Stowe and Delores A. Stowe, regarding Mr. Stowe's project. Please attach this to Mr. Stowe's application for a Special Use Permit. Thank you for your attention to these details. JRS/ked encl.. Very truly yours, i JOHN R. JUL 011981 (303) 945-2447 Book 418 age 42 Reception No..2 9280 Ella Stauhans,. �_ Book 418 REIDORDays MANN Jr ece on No.249349 April 1, 2 1 E11a 4tepbens, Recorded ak._ .;.19._..._.o cloek._. .t .M.. order. -h'�►' • lxs DEED, Made this 22nd 1,97i, between day et Mare! JOSEPHINE CORYELL of the Count,' of Garfield sari sand, et Colorado, of the first part, and aUtMOMMINNI MAR 2.4 1971' —WALTER A. STOWE and DELORES A. STOW • dew _.� — _._ County of Garfield sad Statist do,etillitisangspi p WITNESSETH, that the said part y of the first part. for sad ihesmadsradan as ?$N DOLLARS AND OTHER VA,LUABLE � '°t CONSIDERATION ---- .--..-MIENlk ,....... tnithe said party of the firs! part in hand hetebl eonfessed and admewledsvdPaid by the said pantile ed Ohs semi phi Ohs asap*-aiarat is . has granted. baraahmd. Mid sad sanelyd. amt fit • {i mos grant, bargain. �1, convey and confirm unto the said parties strike esersid r deli m teaaaey in common but in joint tenancy, an the fWlowlag ye ' 'their pailss'rflar,yet being in the eR pesi iIMB► titiailr, iar '. ��'situated Garfield A tract•of land inLo18, 20 and 21 ice1 ail in T. 7 S., R.-89 W. of the 6th P.M. desa a ri:j .f11 Beginning at a point whence an iron post with at. in place and properly narked for the =Corner a S.87°47'00" E_• bears S. 82°28'32" 2.-12/4.97 o " 263.08 feet; � them S. 01.14'00" i.i 1 e 2# thence S. 87°06'00" E. 28.63 feet to a s.. . line of a 20 foot road easement,. thence S. 002632,00w L. 6.777 feet along the Easterly line of said - 20 !thence foot N. 87°47'00" W. 263.24 feet; thence �0� 2*A2" W. 191.58 feet tto the i t of � eta N. �*� *'�" W. d m ewgc sap nq ro s tram ana o �e� ` ' Dektaining. the the heredita,aents aid atimereasee �Zr • reversion and reversions, remainder and •t fs aim li ! . right, title, interest„ claim and demand whatsoeiar at rte. haw ad /! iti, of, in and to the above bargained premises, with tilt. het�..;� party et fiAst!' al�eehi ► er TO HAVE AND TO HOLD the said premises above bargained and rtes of the second part, their heirs and alai daleathedl''yam° M. nada the:-.04if her heirs, executors, and ad sal forever. And t asitpaei y et thetas; part for herministrators tin ii imrieseaa, Os* beilieta nod so 'd tbarties of the second part. their heirs and assigns, that atM anti watera the ass ef the beassanterandehitharshe is well seised of the premises above% areas pens. of inheritance. in Iaw, f se simple, and ha scoweyed. o of toed. sure, Pei** aireaats mid imidle sell and convey the same in manner and form of good right, !a$ prim sad bb M R boo X$her grants, bangs' sales orrsaid, aid that tM agger an il>ral sad.feat i�+ws all aCaeee �d sub get taxes,1 gaasaea +]. w 's , enervation* d exceptions, anyaaan�a • ay of a public or private nature, and he t undivided 1/2'interest in and to all oil,Y ► seller n, on or under the above describedproperty,� ���� �" together �►f t# Of i t to prospect for, mine and remove the sate, STO,TE DOC. FEE - Correction Deed: Re-recordedcbe to include asa. li Perk Boal[ f amid the above bargained s•..is m the exit arae — ,. �.. .. 41g ria s and assigns, atdast *11 8ar.oa ,r pee,w.'�'�. ""'.�" .c �i. ,w „+�w; .c w , Pagelei Warty squalor' p ie tie !hit part and win WANN lawfully n POelar I to D Y' IL or „a, dPart 52 seal the day sad MMMT Brat above tt�. party �[ the prat p amnion) ! bead wed, Sealed and Dithered ia tbs Pregame ofil l Thine L1p �Zl Officers President (3030 625-1235 Carl H. Bernklau 7880 C. R. 309 Rifle, Colorado 81650 Vita -President Gregory Durrett 926 Blake Avenue Glenwood Spgs., Co 81601 Sec./Treas./Weber firmer Nora Ruth Besdclau 7880 C. R. 309 Rifle, Colorado 81650 Attorney Russell George Stuver & George P. C. Post Office Box 907 Rifle, Colorado 81650 West Divide Water Conservancy District 1 774" POST OFFICE BOX 1478 RIFLE, COLORADO 81650-1478 July 8, 1992 JUL 1 0 1992 GNhriLLu COUNTY COMMISSIONERS Mr. Walter Stowe Post Office Box 276 Glenwood Springs, Colorado 81601 Dear Mr. Stowe: RE: Contract # 920619- KWS Enclosed please fine receipt #2283 for your 1992 per acre foot fee for Contract 920619- KWS. Copies of your contract have been submitted to our Attorney and Engineer and are being submitted to: Colorado State Division of Water Resources Division #5 Water Resources Garfield County Planning Department Colorado River Water Conservation District Thank you. Sincerely, ---, Nora Ruth Bernklau Water Manager, W.D.W.C.D. Enc/ Receipt #2283 Board of Directors Carl H. Bernklau 7880 C. R. 309 Rifle, Colorado 81650 Gregory Durrett 926 Blake Avenue Glenwood Spgs. , Co 81601 Joe Kautz, Jr. 6107 High.ey 133 Carbondale, Colo. 81623 Kelly Couey 4745 C. R. 315 Silt, Colorado 81652 LaVerne Starbuck 1859 C. R. 344 Silt, Colorado 81652 ( (1RALThU R -! i! it .tAP I.D. Mtn„ 5 DATE ACTIUM) For office use oolY APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name Walt Address PO Box 276 Glenwood S rin527CO 81602 Telephone Number ...111_,/945 - Authorized Agent or Representative Mr. Dan Kerst B. WATER RIGHT OWNED BY APPLICANT Name of Right Owens Domestic Well No. 1 Type of Structure or R ght Location of Pint of D vers.6on foo+ Y 1.�+ Water Court Case No. W-1299 Well Permit No. ER C. INTENDEDUSE of Area AofDUse T.._— Descr pt on of Use MIS Number of Dwell ng Un is 2 Total Acreage -�- —stem Proposed Potable Water Sy Proposed Waste -Water Treatment System Septic Tank and leachfield Pro ected Monthly Volume of Leased Water Needed n Gallons: .083 Feb.083 mar. .083 Apr. _ May • Jan._ •083 .os3 Sept•.+9,$3.. 011118....118.3... July_. 3l. Aug. Nov. _.0_ Dec. .083 Annual Total Gallons 325 00d J Acre Fe15eettm.�._..-- Maximum instantaneous De D. OTHER REMARKS Contract #9:a 04, 1 �Cr�5 Hap ID # %-z.5- Date Activated WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract Name of Applicant: Walter Stowe Quantity of water in acre feet Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, 5 rred to as the 'District")fors et he anallotmentcontract tofebeneficially and perpetually use water or water rights owricd, leased, or hereafter acquired by the District. By execution of this application, and subsequent delivery and use of water, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the State Engineer. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights,, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre-feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from Districts sources. Any quantity allotted will Applicant fully bcome plies with all ofovided so heas a terms ter s and conditions ilable and theconditions of this contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow rights to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires loss water than the amount herein provided, it may so notify the District in ontract shall be reduced permanently nd the amount of tin accordance underer allotted this tsuch onotice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: Municipal, domestic and related uses, or irrigation and commercial (except to the extent that Ruedi water may not be available for irrigation and commercial as those terms are defined on page 5 of Contract No. 2-07-70-W0547 between theUnited dtSateseand ndiause the West Divide enWater ter Conservancy District). :Applicant's water allotted shall be within 'th oughfsc facilities or upon land owned, leased, operated, pr under App 4. Decrees and Delivery: Exchange releases made'by the District out of storage from Ruedi Reservoir, or other works or facilities of the District, or from other aours t at vailathebuelto the District, shall bo delivered to the Applocan works of said storage facilities or at the decreed point of 1.0 -1- diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (December 31), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, (though not at the original point of diversion) only as sonfor the against rights which are junior to the date of app alternate point of diversion. • 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate poi -R7-157 diversion of the Dct s water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The district reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal and engineering costs necessary for any changes in water rights contemplated herein and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to t of diversion and deliver them to the alternate totApplicant's innd dbeneficial aluse. Irrespective of the amount of water actually transferred to the paymentstto pointheDistricdiversion, baseda ,uponthe he make amount of water allotted undor thim agreement. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under paragraph 18 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Annual Payment: Annual payment tor the water service described herein shall be determined by the Board of Directors of the District at a per acre-foot rate. The initial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that the initial payment -2- Annual payment for the water service described herein shall be determined by the Board of Directors of the District at a per acre-foot rate. The initial annual payment shall be made, in full, within thirty (30) days alter the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. It an annual payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at such address as may be designated by the Applicant in writing. (If no address has been so designated in writing, then said notice shall be sent to Applicant's address set forth herein. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within ten (10) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest unmediatnder his is contract without further notice and delivery may be curtailed; and the allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. 7. Securit As security to the District, the foregoing covenant o annual payments in advance of water delivery, will be fully met by annual budget and appropriation of funds from such sources of revenues as may beol helyiataiableto tho the Applicant. As additional security person, Applicant will hold harmless the District and any corporation, quasi -governmental entity, or other governmental entity, for discontinuance in service due to the failure of the Applicant to maintain the payments herein contemplated on a current basis. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allottedwater rights. 8. Assignment: This agreement shall inure to the benefit of the yrs, successors or assigns of the parties hereto, except that no assignment shall be permitted in the event the water right allotted hereunder is to be used for the benefit of land which will be subdivided or otherwise held or owned in separate ownership interests bytwo (2) or more o elusers the ofothe watner of ur In right allotted hereunder. nt's property to be a portion, but less than all, of the Applicant's hereunder. Any served under this contract, have any rig assignment of the Applicant's rights under this contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment IIaigneesract rights and the assumption of contract obligations by a successors. Nothing herein shall prevent successors heDtota portion of Applicant's property from applying individual and separate allotment contracts. 9. Other: Rules r Applicant e ca shall Colorado;abe bound dby he cthe rules provisions of t afar onservancy. Act of and ndmentsi thereofha d asupplements othereto rs of Bands by all aallother ame applicable law. 10. Operation and Maintenance Aareements Applicant shall enter into an 'Operation and Maintenance Agreement' with the District under terms and conditions determined by the Board of Directors of the District, if and when, the Board of said District -3- ag ee nt is determines in its sole discretion thatsschllnnot rbe me itis required. Said agreement may contain, butto, provisions for additional annual monetary consideration for ifor for extension of District delivery or for administration, operation, and maintenance ainaena cehrouts;gh sorvices othcosts to er available tohe District the Applicant. may 11. Chance of Uses The Diatri tares rvesy the d exclu ive e right to review, ceappcove or disapproveAnyuse other than that set foe of herein water allotteds hereunder.royal of rights forth herein or any lease or sale r`iorthe written PP water rights allotted hereunder without the P the District shall be deemed to be a material breach of this contract. 12. Use and Pnlace of Uses Adescribedlicant agnees s too uuse the e water in the manner an on t e property submitted to the District at the time this agreement isrexecuted ted (said documents are incorporated herein by thisthereto), or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon than as or any pease or sale arthe graph water above,water shall ibe thtdeemed s ito behal material permitted in paragraph breach of this a9 13. Titles It is understood and cantagreed that nothor nothing herein shal be-Iterpreted to legal feel titlenint rest in givetohae any Applicant or water rights referred to herein. tions Applicant shall use commonly 14. Conservation: with respect to the water and ac waterr hts hers on p agrees to be bound by water rights herein,' and hereby conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict uses as follows (unless spec c c wa vers are appended to this agreement). Violation of these restrictions shall be deemed to be a material breach of thin •greementie ; ,..,... Annual Maximum Diversion Use — 1/3 acre foot 1 - 3 acre feet 1 /100 head 2 a3acre cetfeet/acre Household Domestic (includes lawn) Livestock (cattle) irrigation Permit: It Applicant intends to. divert 16. Well Permcant must provide to District a copy of t Applicant's 'valid well permit before District is obligated o deliver any water hereunder. Ae•resentationss By executing this agreement, 17. on any legal or hat 40 s not relying Applicant a advice tthat he may believe he has received from the engineering Applicant further acknowledges that he has obtained all District. APP advice from his own sources other than the legal and engineering es that the than the District. Applicant warranties, or assurances whatsoever abottith makes not guarantees, quality of water available pursuant to this about the quantity or qualitye agreement. $honed the District be unable assesseddagainstathe ter contracted for herein, no damages may District, nor may Applicant obtain a refund from the District. 18. Costs of Water Court Falun a Applicant'souDistrict,ont inhe its own disc e n, c oo e for alternae point of diversion or in a water n court tiling Applicant hereby agrees to pay to or pDis of augmentation, d, App the the District, when assessed, an additional fes representing District's actual and reasonable costs and lees for Applicant's share of the proceeding. -4- 19. Binding Agreement: This Agreement shall not be complete form entitledbinding upon "ApplicationDistrict Purchaseunless ofattached hereto is the the West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. 20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LY APP G THE WATER TO BENEFICIAL USE ON A REGULAR i . WANE. APPLICA 1,4 :./1� By APPLICANT ADDRESS: (- / t ()d STATE OF COLORADO ) ) 88. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before ,•ors' this 14/A1 It day of 1170j. 19 by A- (\v -;H - -c :�` e -Y•., li 1-k v ; Iyi c0> I Witness my hand and official seal. My commission expires: ,3 i-1, Notary Pub lc ORDER After a hearing by the Board of Directors of applit ication, t Divide Water Conservancy District on the above app hereby ORDERED that said application be granted and this contract Shall be and is accepted by the District. 'f. WEST DIVIDE WATER CONSERVANCY DISTRICT By .mss( `J (. President VATTEST2 ecre ary Date This contract includes and is subject to the terms.and conditions of the following documents which must accompany this contract: 1. Map showing location of point of diversion (use map provided).. 2. Application and Data Form fully completed and signed 3. Other -5- • • GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. 1973, Section 30-28-101(10)(a) - (d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Section 2.02.01(d) and 3.02.01, WALTER A. STOWE and DELORES A. STOWE, petitioners, respectfully petition the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of a 3.61 acre tract of land into two tracts of approximately 2.0 acres and approximately 1.61 acres, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. 1973, Section 30-28-101(10)(a) - (d), and the Garfield County Subdivision Regulations, for the property being subdivided has been under the same ownership for at least five years with the exception of two correctional deeds, one from Austin F. Heuschkel and Doris B. Heuschkel, and the other from Patrick B. Coryell, adjusting boundary lines. The division requested, together with any earlier permitted division, will create no more than three new tracts under 35.0 acres in size. In support of this petition, the petitioner also submits the following: (a) Map drawn to scale showing proposed lot subdivision and access; (b) Copy of deeds evidencing ownership; (c) Vicinity map; i • (g) Copy of Assessor's map showing property; (h) Practical description of property location; (i) Fee in the amount of $54.00; (j) Copy of agreement with Austin Heuschkel for purchase of sewer tap. Submitted at Glenwood Springs, Colorado, this /. day of R7 ,,,,_4er- , A.D. 1983. By: GOLUBA & GOLUBA Davia Goluba Registration No. 9749 Attorneys for Petitioners P.O. Box 931 Glenwood Springs, CO 81602 Telephone: (303) 945-9141 Mop Unit No 57 C • h71) SOIL CHARACTERISTICS Depth to Bedrock Texture Surface Subsoil Substratum Unified/AASHO Classification: SIA, GM, Permeability (below 2 feet) : rapid Percent Coarse Fragments (gravel, cobble, atone) Soil Reaction (pH) Shrink -Swell Potential Potential Frost Action (surface) : Flood Hazard Hydrologic Group Corrosivity - Steel - Concrete 1 moderately deep over sand, gravel, stone sandy loam, stony sandy loam gravelly sandy clay loam, sand and gravel stony sandy loam, sand and gravel GW; A-4, A-2, A-1 DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, 'S is Severe) Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill - Trench . - Area : Shallow Excavations 5 to 10% in surface; 20 to 70% below 7.9 - 8.4 low low none moderate low S - large stones ** S - seepage, large stones S - seepage, large stones S - seepage S - large stones, cutbanks cave Dwellings w/basements : S - large stones w/o basements : S - large stones Local Roads and Streets S - large stones SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill Poor - seepage, large stones Topsoil Sand Fair Gravel Fair - large stones Roadfill Poor - large stones OTHER SOIL FEATURES ** Rapid permeability may cause a pollution hazard. Poor - large stones, thin layer - large stones "ADVANCE COPY SUBJECT TO CHANGE" NOT TO BE USED IN PLACE OF (V1-` i.Tr INw'I J(.;1T:I,' + {q �� • eP ,x).' named Bandy loam-Unnamo•i sandy loam Complex, :near'; level soils are. on alluvial fans, terraces *nations of 6000 to 7000 fe,3t.' The average annual precipitation 'inohes, tho moan annus, air temperature is about 45 and •free period is about 110 days. The unnabei sandy ,loam soil. e'elightly concave parte of the landscape. It makes up about .55 makes up. about 45 .pe=•oent or the unit;' sandy loam so l is moderately `deep ;aid well,; e.ct tat aero 1. ogy a l ltvitm. the surface layer ie dark brown Bandy loam abou soil is brown oobbly sandy,clhy loam about 7 inc is vary cobhlvsandv loam that grades into seen; the , between 20 anti 40 inches., esbi"lity is rapid. Effective rooting depth'I labia water canaoity`is 0.12 to 0.14 in./in. erosion hazards Is slight. unnamed .saany sandy .loam -soil is moderately deep and * ll drain's min©rology a'3uvium. surfaoe layer is dark brown stony sandy loam a The subsurface is brows stony sandy loath about grades intu sand, 0oH ie, and atone; at depths between rme.4bi.lity is rapid. Effeotivo rooting; depth' is 15' to "5``intshes at i Lah,lo.water capacity iS'.0..07 to 0.11 in./in. Surface Aei aro used fur hayland and ranguland. Sue to thelrAobble;'and content and ooare texture, irrigation must be frequent. Thoy have li.gr.iSultural use. The 'stoniness limits urban developme'4:'hi gh-itar4 exists if en.41te-septio tank absorption , . • 'yUnits 511 irrigated 6E nonirrigated Loamy Slopes • ecorded atCC) o'clocke M , Reception No %•32596 'ED, Made this 19 between 12th day of January AUSTIN F. HEUSCHKEL and DORIS B. HEUSCHKEL of the Colorado, of the first part, and County of Garfield, State of WALTER ARTHUR STOWE and DELORES STOWE whose legal address is 5447 154 Road Glenwood Springs, Colorado 81601 of the County of /Gar taniec] State of Colorado, of the second part: Lan K 595 ? E472 Recorder. Recorder's Stamp GARFIE1D MAR 241,98? stat© Doc. Pea WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of - TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have remised, released, sold, conveyed and quit claimed, and by these presents do remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest and demand which the said part ies of the first part ha ve in and to the following described lot or parcel of land situate, lying and being in the County of Garfield and State of Colorado, to wit: SEE EXHIBIT "A", A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE &s 4:noevs eetraad41.wialaex TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said parties of the first part, either in law or equity, unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy. IN WITNESS WHEREOF, The said part ies of the first part have hereunto set their hands and seal s the day and year first above written. Signed, Sealed and Delivered in the presence of l ittc -i471 k ustin F. Heusc STATE OF COLORADO, 1 ss. e l � [SEAL] D [SEAL] l -C�Cr ity', [SEAL] Doris B. Heusethkel Bfl9 595 PAGE473 A parcel of land situated in Lot 36, Section 1, Township 7 South, Range 89 West of the 6TH P.M., being more particularly described as follows: Commencing at the Northwest Corner of said Lot 36, whence the Witness Corner for said Northwest Corner (being a brass cap found in place and marked L.S. #10732) bears N. 01°11'05" E. 10.00 feet; thence along the westerly line of said Lot 36 S. 01°11'05" W. 311.49 feet to the northeasterly corner of Reception No. 249280,.,as filed in the Garfield County Clerk and Recorder's office, the True Point of Beginning; thence S. 87°47'00" E. along the northerly line extended of said Reception No. 249280, 28.66 feet to a point situated on a line 50.00 feet southwesterly of and parallel with the southwesterly right-of-way line of the Denver and Rio Grande Western Railroad; thence along said parallel line along the arc of a curve to the right, having a radius of 1760.08 feet and a central angle of 00°19'46", a distance of 10.12 feet (chord bears S. 23°16'46" E. 10.12 feet) to a point on the easterly line of Reception No. 305509, as filed in the Garfield County Clerk and Recorder's office, being also 25.00 feet westerly of the westerly line of Parcel D of Reception No. 261923, as filed in Garfield County Clerk and REcorder's office; thence S.03°15'00" W. along a line 25.00 feet westerly of and parallel with said westerly line of Reception No. 261923 (and bounded on the west by Parcel D of Reception No. 305509 as filed in Garfield County Clerk and Recorder's office), 92.29 feet to a point on the southerly line of said Lot 36; thence N. 87°05'49" W. along said'southerly line (bounded on the south by said Reception No. 249280 and bounded on the North by said Reception No. 305509) 29.53 feet to the Southwest Corner of said Lot 36, a brass cap found in place; thence leaving said southerly line N. 01°11'05" E. along the westerly line of said Lot 36 (bounded on the west by said Reception No. 249280 and bounded on the east by said Parcel D of Reception No. 305509) 101.08 feet to the True Point of Beginning. Title to the above described property is conveyed subject to any and all existing easements. Recorded at /` oo'cloc illReception No. 4540 —Recorder. M MAT - ly�l bUiix 570 PAGE916 THIS DEED, Made this 19 81 , between day of PATRICK B. CORYELL of the County of Garfield State of Colorado, of the first part, and WALTER ARTHUR STOWE and DELORES STOWE Recorder's Stamp MAY - 6 1981 reer,r:5-of FEE whose legal address is 5447 154 Road Glenwood Springs, Colorado 81601 of the County of an 4tate of Colorado, of the second part: �Garf ie�u WITNESSETH, That the said party of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION XMEEKtiAHLM to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and quit claimed, and by these presents do es remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest and demand which the said party of the first part has in and to the following described lot or parcel of land situate, lying and being in the County of Garfield and State of Colorado, to wit: SEE EXHIBIT "A", A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE asv Ams# rtg�tt - TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said part of the first part, either in law or equity, unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy. IN WITNESS WHEREOF, The said party of the first part has hereunto set his hand and seal the day and year first above written. / , if Signed. Sealed and Delivered in the presence of" ----7;;;--4---...d. .�G )SEAL) Patrick B. Coryell7 STATE OF COLORADO, 1 [SEAL) )SEAL] 5'70 ncE917 A parcel of land situated in Lots 36 and 20 of Section 1, Township 7 South, Range 89 West of the 6TH P.M., being more particularly described as follows: Commencing at the Northeast Corner of said Lot 20, an iron post with brass cap found in place and properly marked; thence S. 87°34'16" W. 932.27 feet to a point on the southerly line of a parcel of.land described in Reception No. 249280 as filed in the Garfield County Clerk and Recorder's office, the True Point of Beginning; thence S. 87°47 00 E. bounded on the nort •y sal'ecep ion '0 49280) 20.08 feet; thence N. 02°32'00" W. (bounded on the west by said Reception No. 249280) 86.77 feet to a point on the southerly line of said Lot 36; thence N. 03°15'00" E. (bounded on the west by Parcel D of Reception No. 305509 as filed in the Garfield County Clerk and Recorder's office) 92.29 feet to a point on the southwesterly line of a tract of land described in Reception No. 312631 as filed in the Garfield County Clerk and Recorder's office, being also 50.00 feet southwesterly of the southwesterly right-of-way line of the Denver and Rio Grande Western Railroad; thence, parallel to said southwesterly railroad right-of-way, along the arc of a curve to the right (bounded on the northeast by said Reception No. 312631), having a radius of 1760.08 feet and a central angle of 01°53'46", a distance of 58.25 feet (chord bears S. 22°10'00" E. 58.25 feet) to a point on the westerly line of Parcel D described in Reception No. 261923 as filed in the Garfield County Clerk and Recorder's office; thence S. 03°15'00" W. (bounded on the east by said Parcel D of Reception No. 261923) 39.58 feet to a point on the northerly line of Parcel C of said Reception No. 261923; thence N. 87°06'00" W. (bounded on the south by Parcel C of said Reception No. 261923) 0.11 feet; thence bounded on the east by said Parcel C of Reception No. 261923 the following eight (8) courses: 1. S. 02°32'00" E. 81.26 feet; 2. S. 17°00'00" E. 79.94 feet; 3. S. 18°38'00" E. 60.79 feet; 4. S. 18°31'00" E. 53.75 feet; 5. S. 04°41'00" E. 102.82 feet; 6. S. 15°10'00" E. 80.07 feet; 7. S. 00°17'00" E. 51.95 feet; 8. S. 07°56'00" W. 38.23 feet to the point of intersection of the westerly line of said Parcel C of Reception No. 261923 and the southerly line extended of a parcel of land as described in Reception No. 266220 as filed in the Garfield County Clerk and Recorder's office; thence S. 88°26'01" W. along said southerly line extended 43.94 feet to the Southeast Corner of said Reception No. 266220; thence bounded on the west by said Reception No. 266220, the following seven (7) courses: 1. N. 05°43'20" E. 2. N. 00°17'00" W. 3. N. 15°10'00" W. 4. N. 04'41'00" W. 5. N. 18°38'00" W. 6. N. 17°00'00" W. 44.40*feet; 41.05 feet; 78.09 feet; 101.45 feet; 109.74 feet; 86.23 feet; LOJ46$ PACE 588 Recorded at • 0o'clock.. 114., C�..-r Reception No �•62rw 0 FE Ele 1975 Recorder. THIS DEED, Made this �. ' k day of 1 :1"' 11 cj 19 75 , between CHARLES E. CORYELL, a.k.a. C. E. CORYELL, a single person; PATRICK B. CORYELL and ADELINE CORYELL, husband and wife; CHARLES R. CORYELL and JOAN CORYELL, husband and wife, of the County of Garfield Colorado, of the first part, and and State of WALTER A. STOWE and DELORES A. STOWE RECORDER'S STAMP STATE DOCIMEKTARY REE iEEs 31975 of the County of Garfield and State of Colorado, of the second part: WITNESSETH, that the said parlles of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION AWLEXtigi to the said partieSof the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: A tract of land situated in Lots 20 and 21 of Section 1 in Township 7 South, Range 89 West of the 6th Principal Meridian, lying Easterly of the Easterly line of a 20 foot roadway and Westerly of the Westerly line of a 20 foot roadway, as con- structed and in place, described as follows: Beginning at a point on the Westerly line of said 20 foot roadway whence an iron post with a brass cap set in place and properly marked for the Southeast Corner of Lot 36 in said Section 1 bears N. 87°34'16" E. 932.27 feet; thence S. 02°32'00" E. 4.20 feet along the Westerly line of said roadway; thence S. 17°00'00" E. 86.23 feet along the Westerly line of said roadway; thence S . 18°38'00" E. 109.74 feet along the Westerly line of said roadway; thence S. 04°41'00" E. 101.45 feet along the Westerly line of said roadway; thence S. 15°10'00" E. 78.09 feet along the Westerly line of said roadway; thence S. 00°17'00" E. 41.05 feet along the Westerly line of said roadway; thence S. 05°43'20" W. 44.40 feet along the Westerly line of said roadway; thence S . 88°26'01" W. 115.85 feet to a point on the Easterly line of said 20 foot roadway; thence N. 06°13'49" W. 115.73 feet along the Easterly line of said roadway; thence N. 29°42'12" W. 82.41 feet along the Easterly line of said roadway; thence N. 44°08'24" W. 65.48 feet along the Easterly line of said roadway; thence N. 62°16'10" W. 56.50 feet along the Easterly line of said roadway; thence N. 86°49'13" W. 30.84 feet along the Easterly line of said roadway; thence N . 09°02'12" W. 205.86 feet; thence S. 87°47'00" E. 243.17 feet to a point on the Westerly line of said roadway, the point of beginning, containing 2.04 acres, more or less. Together with an easement over and across existing easements, rights of way and roadways for access purposes from the above described property to old State Highway No. 82. Bou 468 PAGE 589 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second art their heirs and assigns forever. And the said part ies of the first part, fair it hpe i f them selves , /their heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature, soever, except 1975 general property taxes, U.S. Patent reservations and exceptions, easements and rights of way of a public or private nature including, but not exclusively, those for roads, ditches and power lines, building, zoning and other governirmnt.al rules and regulations and Charles E. Coryell, a.k.a. C. E. Coryell, Patrick B. Coryell and Charles R. Coryell hereby reserve an undivided one- half interest in all oil, gas and other minerals in, on or under the above described property, together with the right to prospect for, mine and remove the same, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said parties of the first part hare hereunto set their hand S and seal S the day and year first above written. [SEAL] Charles E .ryel'l .:k.. a . � L C. -E. Coryell, a siangle person L�C ; r� C��fG��� (SEAL) C_SE Charli •S • R. Cdr ell, husband -and- - Patri k B.. Coryerl , ` husban aU ; _i.�,`,., e 4.. (SEAL) /-):i l (t, i` [SEAL] Joan CoryeIIt wife Adeline Coryeli, wife STATE OF COLORADO, County of Garfield }ss. The foregpjpg, instrament was acknowledged before me this i. • - l y ominission expires —ref to y 1 • • rr S T�1ANB GJ�pgi XeC fiE2Ry' RI.ATRICK . Witness my hand and official seal. try1AZ.K!�„ Notary Public. f,ilf by hiatural person or persons here insert name or names; if by persons acting in representative or official capacity or as attorney-in-fact, then insert name of person as executor, attorney-in-fact or other capacity or description; if by officer of corporation, then insert name of such officer or officers, as the president or other officers of such corporation, naming it. .' **at eiltillift. API, ..z '41t•-•w*JA•ertrg,- ci'..V. 4,- ..,/,pa„ '.,, .i.'7:411,54ZWIPt "-liAnWer.",74'" t'..Z.N.v.,,' g!'•;:: - 4f..,,,c-' ;:"•26.....f, 4', .*t•l;"-i t ,Tt.' 1,...'"r‘ • - ..;‘,...!,tf:-Ni-';i-!: -• - , ..;:-,•.;..,,,,,r_t;.7;.-...,,,:.7..‘:::..4..#_.74,1.• ..., _,,....i,..7.,t:;.-,,,„*Z:_•::•.,.!:„:":: ,..,,,,,,,,rt.,...„:..!,::c...,:.,..7..,....e.? ,,,..,,,..„7.,,t,, • .. V: $ .'-'7,•: •-;"*".- rt , ;'1:' • :..1.-.',..„-• - -„.;.-..-,..,:--- '" '( ' ' '- - - ..., - .. - • ,• '‘' • :. '-,i. • '.:•:.,t, ,:i -'4,t ' .. n . • • ' - r. ; •' • I ".1-'^0.-::',. , - . - ff-, -ef:t,...,:•.2."'y " ''.."?,:-."-: '•,-;.4t-,r+ ......7... ---.ti...,--:-• — L., -' .:1 . 4.• i (- t.,, .., sk -••••-,4A44., ‘.1:544-Mt€3,4'", "If ••‘. :" a ° ‘1 '`4.• r:** 7... •••'- -•••-• • -a , , • *`. r ••••••"" ' • 4;.y, / • • .•• trarilryl....7.°>7 _ • • • , . • • • ' t • • ' • • *0(::::•"": -lign`r? . • -7•-• • 0,-;472, " •• •••• „, • ' • • Siff. )1.• • ;$0.., -74 .!';•;;; 4.-www*"...ki***urtertiz70,v." -11,07--AA'7,7.3.-A`7•-•:••••,,S.-7,4„re • -A NICHOLAS W. GOLUBA. JR. • • GOLUBA & GOLUBA ATTORNEYS AT LAW TAMARACK 1001 GRAND AVENUE P.O. BOX 931 GLENWOOD SPRINGS. COLORADO 81602 (303) 945-9141 October 27, 1983 Cynthia M. Houben GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT Planning Division 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Stowe Exemption Dear Cindy: DAVID A. GOLUBA Enclosed is a letter dated October 27, 1983 addressed to the Board of County Commissioners signed by Austin Heuschkel acknowledging a sewer tap can be used to service the mini storage development. NWG/bg encl. Very truly yours, NICHOLAS W. GOLUBA, JR. � ; ,983 • • October ;'7, 1983 Board of County Commissioners Garfield County P.O. Box 640 Glenwood Springs, CO 81602 Re: Stowe Exemption/Sewer Tap Agreement Gentlemen: This letter is to confirm that I am aware and have been advised by Mr. Stowe that he intends to develop mini storage units upon the property to be serviced by the sewer tap, covered by our Agreement of August 16, 1983. The limitation which I added to the Agreement: "Sewer tap limited to one 4 inch tap, delivering one household or domestic type waste or it's equivalent," was not intended to prevent utilization of the sewer tap to service sanitary facilities for the mini storage develop- ment. The purpose of the provision is to limit only the quantity and type of sewerage delivered to my system for processing. Mr. Stowe will have the right to utilize the sewer tap to service the contemplated mini storage develop- ment. Very truly yours, Austin Heuschkel // Date AGREEMENT THIS AGREEMENT, made and entered into this /6f'day of 'i`--, A.D. 1983, by and between AUSTIN HEUSCHKEL, hereinter referred to as "seller," and WALTER A. STOWE and DELORES A. STOWE, hereinafter collectively referred to as "buyers," WITNESSETH: 1. Sale Of Sewer Tap And Easement. Seller hereby agrees to sell to buyers and buyers agree to purchase from seller one sewer tap on seller's private sewerage disposal system servicing H Lazy F Mobile Home Park, together with an easement for a sewer line (and the right to maintain the same) from buyers' property line and across seller's property to the site where the actual tap will be made. *1A. 2. Purchase Price. The purchase price for said sewer tap and easement shall be the sum of $5,000.00. 3. Installation Costs. All costs incurred in connec- tion with the installation of the sewer line servicing buyers' property, and all costs of tapping on to seller's existing system, shall be the sole responsibility of buyers. 4. Contingency.. Subsequent to the execution of this agreement, buyers intend to petition the Board of County Commissioners for Garfield County, Colorado, for an exemption from existing subdivision regulations. In the event that said petition is rejected and buyers are denied an exemption from the subdivision regulations, this agreement shall become null, void, and of no effect. 5. Date Of Closing. Should buyers' petition for exemp- tion be approved and buyers be granted an exemption from the subdivision regulations, the purchase price shall be paid to seller, in cash or certified funds, within ten days from the date that the exemption is granted. 6. Location Of Easement. The location of the above mentioned easement shall be established by agreement of the parties prior to payment of the purchase price. 7. Assessments. The owner of the property serviced by such tap (whether buyers or their successors) shall be assessed by seller and shall pay a pro rata share of expenses incurred by seller in connection with the operation of the sewerage disposal system, plus a surcharge to defer adminis- trative expenses in an amount equivalent to 10% of such allocable pro rata share. Such pro rata share of the opera- tional costs shall be determined by dividing the total opera- / tional costs by the actual number of sewer taps connected to • • paragraph until buyers, or their successors, actually com- mence utilization of the system through physical tap and connection to the same. Dated this f/, a(day of , A.D. 1983. A t i,n 11 s c e l ( S e Af Ket Wit ' A. Stowe (Buyer jA1L? ores A. Stowe ( uyer) Recorded at 10- o'clock M. AUG 19 1981 Reception No, ,';, R2'74 MILDRED ALSDORF, RECORDER EASEMENT DEED THIS DEED, made this 1,7 day of BOOK 579 PAGE5S9 , 1981, between AUSTIN F. HEUSCHEKL and DORIS B. HEUSCHKEL of the County of Garfield and State of Colorado, for the consideration of Ten Dollars and other good and valuable consideration, in hand paid, hereby sell and quitclaim to WALTER A. STOWE and DELORES A. STOWE, as tenants in common, whose address is P.O. Box 276, Glenwood Springs, Colorado, 81602, a non-exclusive easement and right way for ingress and egress over and across the following real property, in the County of Garfield and State of Colorado, to -wit: PARCEL A: A strip of land being 50 feet in width situated in Lot 20, of Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian lying Easterly of the Easterly right of way line of the Glenwood Ditch and Southerly of the Northerly line of said Lot 20, said parcel of land is described as follows: Beginning at a point on the Northerly line of said Lot 20 whence an iron post with a brass cap found in place and properly marked for the Northeast Corner of said Lot 20 being the same as the Southeast Corner of Lot 36 in said Section 20 bears: S. 87°06'00" E. 841.26 feet; thence S. 02°32'00" E. 70.16 feet; thence S. 17°00'00" E. 72.88 feet; thence S. 18°38'00" E. 60.13 feet; thence S. 18°31'00" E. 59.87 feet; thence S. 04°41'00" E. 104.30 feet; thence S. 15°10'00" E. 82.01 feet; thence S. 00°17'00" E. 62.07 feet; thence S. 07°56'00" W. 58.35 feet; thence S. 17°23'00" W. 15.27 feet; thence S. 78°11'00" W. 57.28 feet; thence N. 17°23'00" E. 39.08 feet; thence N. 07°56'00" E. 50.63 feet; thence N. 00°17'00" W. 51.95 feet; thence N. 15°10'00" W. 80.07 feet; thence N. 04°41'00" W. 102.82 feet; thence N. 18°31'00" W. 53.75 feet; thence N. 18°38'00" W. 60.79 feet; thence N. 17°00'00" W. 79.94 feet; thence N. 02°32'00" W. 81.26 feet to a point on the Northerly line of said Lot 20; thence S. 87°06'00" E. along the Northerly line of said Lot 20 50.23 feet, more or less, to the point of beginning. PARCEL B: A strip of land 50 feet in width situated in Lot 36, Section 1, Township 7 South, Range 89 West of the sixth Principal Meridian, being 25 feet on each side of the following described centerline: Beginning at a point whence the Southeast Corner of said Lot 36 bears: S. 87°06'00" E. 866.38 feet; thence along said centerline N. 03°15'00" E. 284.00 feet, more or less to a point on the Southerly right of way line of Old State Highway No. 82. PARCEL C: BOOK 579 PMGE590 and Recorder's office), being more particularly described as follows: Commencing at the Northwest Corner of said Lot 36, whence the witness corner for said Northwest Corner, being a brass cap found in place and marked L.S. 10732, bears N. 01°14'00" E. 10.00 feet; thence S. 08°36'54" E. 218.58 feet to a point on the Southwesterly right of way line of said Denver and Rio Grande Western Railroad, the True Point of Beginning; thence along said Southwesterly right of way line, along the arc of a curve to the right, having a radius of 1810.08 feet and a central angle of 01°39'24" a distance of 52.34 feet, (chord bears S. 25°17'02" E. 52.34 feet), to a point on the Westerly line of said "Parcel D"; thence leaving said right of way line along said Westerly line, S. 03°15'00" W. 113.75 feet; thence leaving said Westerly line, along the arc of a curve to the left, having a radius of 1760.08 feet and a central angle of 01°53'57" a distance of 58.34 feet, (chord bears N. 22°07'31" W. 58.34 feet), to a point on the westerly right of way line of said Glenwood Ditch; thence along said westerly right of way line N. 03°15'00" W. 107.02 feet to the True Point of Beginning, containing 0.06 acres, more or less. PARCEL D: A parcel of land situated in Government Lot 36, Township 7 South, Range 89 West of the Sixth Principal Meridian, lying Easterly of the Westerly line of said Lot 36, Westerly of the Westerly line of the Glenwood Ditch, Northerly of the Southerly line of said Lot 36, and Southwesterly of the Southwesterly right of way line of the Denver and Rio Grande Western Railroad, being more particularly described as follows: Commencing at the True position of the Northwest Corner of said Lot 36; whence the witness corner for said Northwest Corner, being a brass cap found in place and marked L.S. 10732, bears N. 01°14'00" E. 10.00 feet; thence along the Westerly line of said Lot 36, S. 01°14'00" W. 146.74 feet to the True Point of Beginning; thence leaving said Westerly line along the Southwesterly right of way line of said railroad, along the arc of a curve to the right, having a radius of 1810.08 feet and a central angle of 02°28'25" a distance of 78.15 feet, (chord bears S. 27°20'57" E. 78.14 feet), to a point on the Westerly right of way line of said Glenwood Ditch; thence leaving said Southwesterly right of way line along said Westerly right of way line S. 03°15'00" W. 198.79 feet to a point on the Southerly line of said Lot 36; thence leaving said Westerly right of way line along said Southerly line, N. 87°06'00" W. 30.40 feet to a point on the Westerly line of said Lot 36; thence leaving said Southerly line along said Westerly line N. 01°14'00" E. 266.40 feet to the True Point of Beginning, containing 0.18 acres, more or less, excepting from said description all portions of the following described parcel: A parcel of land situated in Lot 36, Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, in the County of Garfield, State of Colorado; being more particularly described as follows: Commencing at the Northwest Corner of said Lot 36, whence the Witness Corner for said Northwest Corner (being a brass cap found in place and marked L.S. 110732 bears N. 01°11'05" E. 10.00 feet; thence along the Westerly line of said Lot 36 S. 01°11'05" W. 311.49 feet to the northeasterly corner of Reception No. 249280, as filed in the Garfield County Clerk and Recorder's office, the True Point of Raainnino. Q7047rnnn BOOK 579 PAGE591_ Grande Western Railroad; thence along said parallel line along the arc of a curve to the right, having a radius of 1760.08 feet and a central angle of 00°19'46", a distance of 10.12 feet (chord bears S. 23°16'46" E. 10.12 feet) to a point on the easterly line of Reception No. 305509, as filed in the Garfield County Clerk and Recorder's office, being also 25.00 feet westerly of the westerly line of Parcel D of Reception No. 261923, as filed in Garfield County Clerk and Recorder's office; thence S. 03°15'00" W. along a line 25.00 feet westerly of and parallel with said westerly line of Reception No. 261923 (and bounded on the west by Parcel D of Reception No. 305509 as filed in Garfield County Clerk and Recorder's office), 92.29 feet to a point on the southerly line of said Lot 36; thence N. 87°05'49" W. along said southerly line (bounded on the south by said Reception No. 249280 and bounded on the North by said Reception No. 305509) 29.53 feet to the Southwest Corner of said Lot 36, a brass cap found in place; thence leaving said southerly line N. 01°11'05" E. along the westerly line of said Lot 36 (bounded on the west by said Reception No. 249280 and bounded on the east by said Parcel D of Reception No. 305509) 101.08 feet to the True Point of Beginning, containing 0.07 acres, more or less. PARCEL E: A parcel of land situated in Government Lots 9 and 18, Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, in the County of Garfield, State of Colorado, lying southwesterly of the southwesterly right of way line of old State Highway No. 82, southwesterly of the southwesterly right of way line of the Denver and Rio Grande Western railroad and westerly of the easterly line of said Lot 18, being more particularly described as follows: Commencing at the True Position of the Northeast Corner of said Lot 18 (also being the Northwest Corner of Government Lot 36); whence the witness corner for said Northeast Corner being a brass cap found in place and marked L.S. 10732 bears N. 01°14'00" E. 10.00 feet; thence along the easterly line of said Lot 18, S. O1°14'00" W. 146.74 feet, to a point on the southwesterly right of way line of said railroad, the True Point of Beginning; thence continuing along the easterly line of said Lot 18 S. 01°14'00" W. 105.32 feet; thence leaving said easterly line along the arc of a curve to the left, having a radius of 1760.08 feet and a central angle of 11°24'58" a distance of 350.70 feet, (chord bears N. 31°19'05" W. 350.12 feet); to a point on the southwesterly right of way line of said Highway; thence along said highway right of way S. 53°23'00" E. 155.63 feet; to a point on said southwesterly right of way line of said railroad; thence along said railroad right of way along the arc of a curve to the right, having a radius of 1810.08 feet and a central angle of 03°42'29" a distance of 117.14 feet, (chord bears S. 30°26'24" E. 117.12 feet), to the True Point of Beginning, said parcel contains 0.26 acres, more or less. The easements herein granted shall be subject to the following limitations, to -wit: 1. The easements shall be an appurtenance only to the lands located westerly of the easements owned by the grantees on the date hereof together with the parcel excepted from the description of Parcel "D" BOOK 579 PAGE592 ,2.';,Notwithstanding the foregoing, grantors, their successors and 'assigns''sha11 have an exclusive right to dedicate the easements and rights:'of way described herein to the public use. SIGNED this /7 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) day of a , 1981. Austin F. Heu chkel Xt -;5-7a,tryitAta Doris B. Heuschkel The foregoing instrument was acknowledged before me this i'771-1 day of LiiiLL— , 1981, by AUSTIN F. HEUSCHKEL and DORIS B. HEUSCHKEL.. Witness my hand and official seal. My commission expires: PVLC C% Notary Public ti - August 26, 1983 Board of County Commissioners Garfield County P.O. Box 640 Glenwood Springs, CO 81602 Re: Petition For Subdivision Exemption - Walter A. Stowe and Delores A. Stowe Gentlemen: A Petition For Exemption has been filed by the under- signed concerning the exemption, by resolution, of the divi- sion of 3.61 acre tract of land into two separate tracts. Parcel I would consist of 2 acres, and Parcel II would consist of 1.61 acres. The legal descriptions for the two proposed parcels are attached hereto. The land to be sub- divided is approximately six miles southeast of Glenwood Springs, and is located adjacent to the H Lazy F Mobile Home Park. Situate on the parcel to be subdivided is the "Stowe Well." A copy of the absolute decree for underground water rights relating to the Stowe Well is attached hereto. The existing well would be situate on Parcel I. It is proposed that one-half interest in the subject well would be conveyed with Parcel II, together with an easement for a water line across Parcel I. There currently exists a septic system servicing the property to be subdivided. This septic system is located on proposed Parcel I. Upon subdivision of the property, this septic system will be the sole source of sewerage disposal for Parcel I. Off site sewerage disposal will be provided to Parcel II through a sewer tap made to the Austin Heuschkel H Lazy F 1 Board of County Commissioners Garfield County August 26, 1983 Page Two Mobile Home Park regional system. A copy of the Agreement for the purchase of the sewer tap is attache Delores A. Stowe IN TIIE DI::TRICT COURT IN AND WATER DIVISION NO. 5 STATE OF COLORADO CASE NO. w- 1798 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF ' TALTER A. STOWE IN THE ROARING FORK RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: IN GARFIELD COUNTY (N r FOR/1' IMAY %3 5 . (..7T; leEQF co Rnno RULING OF THE REFEREE ) ABSOLUTE DECREE FOR ) UNDER GROUND WATER RIGHTS ) ) And the Referee having made the investigations required by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby make the following ruling, to wit: This application was referred to the Water Referee of Water Division No. 5 on the 2 nd day of Febru^.ry , 1973 . 1. Name of Applicant Walter A. Stowe Box 276; Glenwood Springs, Colorado Address 2. The name of the structure is Stowe Well.. 3. The Legal description of the structure is : The well is located in Lot 18, Section 1, T. 7 S., R. 89 W. of the 6th P.M. at a point whence the Southeast Corner of Lot 9, said Section 1 bears N. 21°05'08" E. 435.04 feet. 4. The depth of the well is 85 feet. 5. The date of initiation of appropriation is May 1, 1968. 6. The amount of water ,claimed is 0.022 cubic foot per second of time. 7. The use of the water is domestic. 8. The State Engineer's number is 34292. 9. The Priority date is May 1, 1968. 10. The date of the application was January 22, 1973. It is the ruling of the Referee that the statements in the application are true and that the above described water right is approved and granted the indicated priority; subject, however, to all earlier priority rights of others. It is accordingly ordered that this ruling shall become effective upon filing with the Water Clerk, subject to Judicial review as provided by lnw. Done at the City of Glenwood Springs, Colorado this /KKBNA Incorporated Consulting Engineers xxxxxxxxx 910 Cooper G�i:awo•�o : darn^, ..0 L.GOI 303 945 5504 • Founders , Michael H Barrett Principals Donavon D. Nickel Milo S Ketchum David E. Austin Don T Pyle Special consultant Donald C Weber A. J. Ryan Leroy E. Toblu, E. Vernon Konkcl (1908.19(37) John K (bight (1923.1970) Charles 0 Keyes William E O'Neal Neil F Dunbar Robert D. Scarrow Howard B. Browning James R Davis Martin S Oldlord LEGAL DESCRIPTION PARCEL 1 Associate Principals C. James Erickson Lan y R. Sward David D. Gillaspie Jaynes B. Adkins A parcel of land situated in Lots 18,20,21 and 36 of Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado; being more particularly described as follows: Roger H. Kaness Robert G. Henderson William R. Hamilton John W. Maas Roger H. Smades Commencing at the Witness Corner to the Northwest Corner of Lot 36, Section 1, a brass cap found in place and properly marked (whence the True Northwest Corner bears S.01°11'05"W. a distance of 10.00 feet); thence S.40°47'07"W. a distance of 411.12 feet to a point on the northerly line of a parcel of land recorded as Reception No. 249280 in the Garfield County clerk and Recorder's office; thence S.87°47'00"E. along said line 112.03 feet to the True Point of Beginning; thence S.87°47'00"E. 150.08 feet to a point situated on a line 50.00 feet southwesterly of and parallel with the southwesterly right-of-way line of the Denver and Rio Grande Western Railroad; thence along said parallel line along the arc of a curve to the right, having a radius of 1760.08 feet and a central angle of 02°13'33", a distance of 68.37 feet (chord bars S.22°19'53"E. 68.37 feet); thence leaving said line S.03°15'00"W. (bounded on the east by Reception No.261923) 39.58 feet; thence N.$7°05'56"W. 0.11 feet; thence S.02°32'00"E. (bounded on the east by Reception No. 261923) 81.26'feet; thence S.17°00'00"E. (bounded on the east by Reception No. 261923) 79.94 feet; thence S.18°38'00"E. (bounded on the east by Reception No. 261923) 20.00 feet; thence S.84°24'20"W. 78.19 feet; thence S.88°59'26"W. 87.89 feet; thence S.01°10'29"E. 63.10 feet; thence S.84°12'36"W. 124.07 feet; thence N.09°02'12"W. 316.01 feet; thence S.80°40'12"E. 99.97 feet along the south line of Resolution No. 80-151; thence along the easterly line of said Resolution No. 80-151; thence along the easterly line of said Resolution the following seven (7) courses: 1. N.09°19'48"E. 4.00 feet; 2. N.39°35'11"E. 6.95 feet; 3. S.80°40'12"E. 25.08 feet; 4. N.09°19'48"E. 27.38 feet; 5. N.87°47'00"W. 28.00 feet; 6. N.47°52'32"W. 6.08 feet; 7. N.02°13'00"E. 37.74 feet to the True Point of Beginning; containing 2.00 acres, more or less. June 29,1982 Revised June 13, 1983 KKBNA, INC. 910 Cooper Avenue Glenwood Springs, Colorado 81601 �AlBNA Incorporated Consulting Englnsers xxxxxxxxx 910 Cooper Glemvo:M Spnre,s :.O 81601 307r9.E bf,64 • • Founders Milo S. Ketchum Special consultant E. Vernon Konkel (1923.19701 Michael H. Barrett Donavon D Nickel David E. Aushn A.J Ryan (1908.1967) Principals William B. O Neal • Neil F Dunbar Don T Pyle Robert D. Scarrow Donald C Weber Howard B. Browning Leroy E. Tobler James R Davis John K Bright Martin S. Oldtord Charles D Keyes LEGAL DESCRIPTION PARCEL 2 Associate Principals C Jaynes Erickson Larry R. Sward David D. Gillespie James B. Adkins Roger H. Kaness Robert G. Henderson William R. Hamilton John W. Maas Roger H. Smades A parcel of land situated in Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado; being more particularly described as follows: Commencing at the Witness Corner to the Northwest Corner of Lot 36, Section 1, a brass cap found in place and properly marked (whence the True Northwest Corner bears S.01°11'05"W. a distance of 10.00 feet); thence S.16°55'08"W. a distance of 717.69 feet to the True Point of Beginning; thence N.84°12'36"E. a distance of 124.07 feet; thence N.01°10'29"E. 63.10 feet; thence N.88°59'26"E. a distance of 87.89 feet; thence N.84°24'20"E. a distance of 78.19 feet to a point on the westerly line of a parcel of land recorded as Reception No.261923 in the Garfield County Clerk and Recorder's office; thence along said westerly line the following courses and distances: S.18°38'00"E. 40.79 feet; thence S.18°31'00"E. 53.75 feet; thence S.04°41'00"E. 102.82 feet; thence S.15°10'00"E. 80.07 feet; thence S.00°17'00"E. 51.95 feet; thence S.07°56'00"W. 38.23 feet; thence leaving said westerly line S.88°26'04"W. 159.79 feet; thence N.06°13'49"W. 115.73 feet; thence N.29°42'12"W. 82.41 feet; thence N.44°08'24"W. 65.48 feet; thence N.62°16'10"W. 56.50 feet; thence N.86°49'13"W. 30.84 feet; thence N.09°02'12"W. 17.39 feet to the True Point of Beginning; containing 1.61 acres, more or less. June 29, 1982 Revised June 13, 1983 KKBNA, INC. 910 Cooper Avenue Glenwood Springs, Colorado 81601 IKBNA Incorporated Consulting Engineers xxxxxxxxx 910 Cooper Glenwood Sprmgs CO 81601 303 945 86b4 • Founders Milo S. Ketchum Special consultant E. Vernon Konkel (1923.1970) Michael 14 Barrett Principals Donavon D. Nickel David E. Austin Don T. Pyle Donald C. Weber A. J. Ryan Leroy E. Tobler (1908.1967( John K. Bright Charles D. Keyes William B. O'Neal Nest F. Dunbar Robert D. Scarrow Howard B Browning James R. Davis Marlin S. Oldlord LEGAL DESCRIPTION PARKING EASEMENT Associate Principals C. James Erickson Larry R. Sward David D. Gillespie James B. Adkins A parcel of land situated in Lot 21 of Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado; being more particularly described as follows: t Roger H.Kaness Robert G. Henderson William R. Hamilton John W. Maas Roger H. Smades Commencing at the Witness Corner to the Northwest Corner of Lot 36, Section 1, a brass cap found in place and properly marked (whence the True Northwest Corner bears S.01°11'05"W. a distance of 10.00 feet); thence S.16°55'08"W. a distance of 717.69 feet to the True Point of Beginning; thence N.09°02'12"W. a distance of 188.48 feet to a point on the southerly line of a parcel of land recorded as Reception No. 249280 in the Garfield County Clerk and Recorder's office; thence along said line S.87°47'00"E. a distance of 149.71 feet; thence leaving said line S.01°10'29"E. a distance of 167.87 feet; thence S.84°12'36"W. a distance of 124.07 feet to the True Point of Beginning; containing 0.56 acres, more or less. June 29, 1982 Revised June 13, 1983 KKBNA, INC. 910 Cooper Avenue ''Glenwood Springs, Colorado 81601 15 S M 1-- 2m . J n \ D L o�� • % °o 7 % IT(00 69en a 0, G11 �II o 15,7[9 II n 0 anew 0009 ad ZLEo SL1 ZE 9769 90[ VA ((r SII c .. 9E