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I]EFORE TIII} DOARD
GARF I BLD
OF COUIITY COI,II,IISSIONBRS OTT
PETITION
couN't'Y, cot,oRADo
rOR EXEMPTION
C.R.S. (I971) Seetion 30-28-l0l (10) (a) - (d) as
Subdivisiorr Regulat-i ons of Garf ield C<lttnby, Coloradr)r
adopLed Apr i
of Counby Commi sioners of Garfield Co
.___respectfully pcLitions blre lloartl
rrnLy, Colorado, t-t-r exempt. by
Resoluh,ion Lhe di vision of acre l-ract: of land irrLo L,ract:s of
approximaLefy;f;3:&---acres eactr, more or lessr frorn Llre clefiniLions of
"subdivlsion'and subdivided land" as t.hc berrns are used and del'inerl in
C.R.S. (f973) Sect.ion 30-28-l0f (f0) (a) (cl) and Lhe Garf ield CourrLy
Subdlvlsi.on Regulations for Lhe reasons sl-at:ecl below:
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An appllcation which saLisf ies t-lre revieru cr iLeria musL bc subtnitt:ecl wih-lr
all tlre followlrrg informati.on.
A. Sket-clr map aL a minimurrr r;caIe of I o =200t showing Lhe I egal
descript-ion of tlre properl:y, djrnension and areii of ,rl.l ]1rl.s or
separaLe interests Lo be creaLed, access Lo a Jrrtbl ic
r ighh.-of -way, and any proposed easement s f or drai rrage,
irrigabion, access or ut.ili.bies;B. Vicinity map aL a mi.nimurn scale of ln-2000'showing tlre grrneral
t.opographlc and geograplric relat-ion of Lhe proposed exempl-lon t.o
h,he surrounding area wi hhin L.wo (2) mi.Ies, f or which a cul)y of
U.s.G.S. quadrangle map may be usecl.
C. Copy of t.he deed showing or',nerslrip by hhe applicant, or a .l abter
from bhe property owner(s) if other t-lran the applicanL; anrlD. Names an<l addresses of owners oF record of land lrnmerllat:cly
ad jolnlng 'and wiLhin 200 f ect- of t-lre proposerl exempLlon, rniner al
otrners and lessees of mineral owners of recortl of Llre propcrt-y tobe exempted, and gq113nt:s of any sl-ructrrre propose(l l:or
conver si.on; andE. Evldence of the soil bypes and characl-eristicr; of eaclr bype; arrd
e. Proof of legal and adequat.e source of domesLic wat-er for eaclr Iot.created, method of sewage disposal, and lel:Ler of approval offire protecbion plan from appropriaLe fire dir;t,ricL,; an<lG. If connection bo a communi t.y or mtrnicipal wat.er or sevrer syst:enris proposed, a lel-b.er frorn Llre governing borly sLat.ing arrilli.ngness bo servei and
ll. Narrat lve explai ni.ng wlry exempt-ion i s being request,ed, andI. It shall be demonsbrahed t-lral- t-he I)arcel exir;l-ecl as (lescr ibed on
January 1, 1973 or Lhe parcel as ih exist-s presenbly is one of
not more blran bhree parcels creal-ed f rom a Iarger lrarcel as i l:
exi sbed on January l, 1973.J. A $400.00 fee must be suL:rnil.t-ed wit.h bhe a PPlic
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EXEMPTION
APPLICABI LITY
The Board of Count.y Comrnissi.oners lras t.he discreLlonary power Lo cxrttnpL a
tllvlsion of Ian{ from the definibion of strbdivision anrl Lhereby frrltn the
procedure in bhese negulations, provided t-he Board detertnines Lhat: sttclt
Liemption vrill noL irnpair or defeaI l-lrc sLal-ed ptlrposa of t.lre Sub(livision
negulabi.ons nor be det.rimenbal to l-ha general pubtic welfare. 'I'ha lloarrl
shifl make exemption deci.sions in accordance vliLh Llre rerluirelnr:nl:s of
these regulatlons. Followi ng a revi ew of l-lre individrtal f act s of e:tclt
appllcation in lighL. of Lhe requirement-s of Lhese Regulal-iotrg, Llre Boirrcl
may approv€1 condiLionally approve or deny an exemption. An applicatiolt
f oi eiimption must saLiif y, at. a rninitnurt, all of l-he review cr i t-er ia
lisEed below. Compliance uiLI t.he review crit-eria., lrowever, does ttot-
ensure exempbion. tire Doard also may consider addiLonal fact.ots list.ed in
Section B:60 of Lhe Subdivision RegtllaLions.
A. No more Lhan a to'Lal of four (4) lotsr l)iltcels, irtLeresLs or tlwclling
unit.s will be creabed f rom any parcel r ES ttraL, parcel was rlescr ibed i n
t-he records of t-lre Garf ield County Clerl< and Recorder rs Of f ic'e oll
January l,1973r and is not a part of a recorded subdivisiori however,
any parcel bo be <li.vicled by exenrpLion l-haL is spliL by a pubLic
right.-of -way (staUe or Fe<leral highway, Counl-y road or r:aIl road) or
naIural feature, prevetrting joirrt. use of the proposed trar:l-sr and [:lre
ctivislon occurs along Lhe public r iglrL.-of -way or natural f eaLttrer, sttclt
parcels Lhereby created mayr nL bhe discretion of l-lte Dr)ottlr rtot be
consldered to ttave beep creat.ed lry exeml:Llon r,rit-h regard Lo t.lrc fottr
(4) 1ot, parcel, interest or <lwelling utriL limiLatirrtr ol-ltcrwise
applicable;B. Atl Garfteld Counby zoning requi.remenLs will be meh; and
C. All lobs creaLetl wi.tl have Iega.l access bo a public righL.-of-triry attd
any necessary access easements lrave been obl:ained or ar(! in blre
pr ocess of be ing obl-a ined; and
D. brovision has been made f or an adequaLe source of waLer ln l:r15111s of
boh5 L5e legal and ptrysi cal qual i Ly, quanti Ly and depertrlabi li Ly, atrd a
suibable bype of sewage disposal to serve eaclt proposed lob; dllrl
E. All sb,ate ind local environment.al healLh and safet'y requiremetll-s ltave
been meL or are i.n t-tre Process of treing meL; and
F. provlsion tras been nacle for any required roacl or sL,orm <lraillaqe
impr ov.emen bs i a nd
G. piie prot.ecbion has been approved by t-lre appropriat.c fire disLricL.
n. Any necessary drainage, irrigat-ion or ut-iIity easementst ltave lreen
obbainecl or are in the process of bei.ng obl-ained; and
I. SchooI fees, taxes and specia1 assessmenLs have been paid.
(The School ImpacL Fee 1s $200.00 for each new loL creaber.l).
PROCEDURES
A. A request for exemption shall be
provided by t-he Garfield Courtt.y
Itlvis j on. Two l2l copies of t-lre
information sltall be submiLLed.
suhnitLed bo blre Boat'd on fornts
Depar t-menL of DeveIoplnenL,/Pl anni ng
application, maps and supPlemenl-ttl
If irrr:omplel.e, [.hc
n and L.he aJrpl i cattt:l-he appl i.ctrl.i on i s
D. The Planning Oivision slrall review l-he exernl>tlon reqtlc{rl- for
complet.eness $tithin eight (B) days of submitLa
appllcabion shaII be withdrawlt from considera
noL,ified of h.he addit,ional infortnaLion needed.
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If
complete, Lhe appl icanb shall be noti f i ed i n wr iLing of Lha t.ime arttl
place of bhe Boar d of Count-y Comrni ss ioner s mect.i ng aL wlr i ch l-he
request. shall be considered. Ilr either case, noL.ificat.ion shalI occur
wlbhin fifLeen (15) days of sttbtnitLal.
)o
Noblce of Llre public meeting slrall be mailed by certified rnailr l.QLutn
receipt requesh.ed, to owners of recorcl of land ilrtmedi.abely ad joi ning
ina wibtrln'200 feet of L5e proposecl exelnpLion, Lo ntlneral owtlers attd
lessees of mi.neral ouln*rL Lf record of bhe Iand propose(l . for
**u*piton, and t.o tenanLs of any sl-rucL-ure proposed for converslott'
,it* l*u,npLtun sil-e s5all be posLecl .clearly and cons-piguoY:ly_YIsi'ble
iio1n i pirfrf i" righb-of-way wiUl1 noLice signs Providg{ by the Plannltrg
Division. Alf notices stritl be mailetl aL Ieast fift.een (I5) atrd not'
more Lhan thtrty (30) days prlor to t.he rneebing. Ttre applicanL shall
il" r*"ponrible - for maiiini ilre notices and shall preserttt proof of
ma i 1lng at t.he meet ing .
At or within fift'een (f5) days of l-he meeting, tlre Boarrl shal1
approve, conditionally approve ,or dgny Llre exernption rtlquesL ' Tlte
,ll"on= for denial or any tondlLions of ipp.oval shall be tiet forLh in
t.he mlnutes of Ehe rneeLiirg or i n a vrr iLben resolubi.on. An appl i.cant-
denied exempbion s5aIl follow Lhe subdivision procedttre in Lhese
Regulabions.
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GARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
August 31,1992
Mark Chain
Town of Carbondale
Carbondale, CO 81623
RE: Daugherty Exemption from the Definition of Subdivision
Dear Mark,
Enclosed is a copy of the Daugherty Petition for Exemption from the definition of subdivision.
Tentatively, this application will be scheduled for October 5th or l2th.
If it is possible, any coilrments from the Town should be to my office by September 30, 1992.
Any questions can be directed to Dave or me.
Sincerely
Mark L. Bean, Director
Regulatory Offices and Personnel
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1098TH STREET, SUITE 303 94t8212162*5571t285-7972 . GLENWOOD SPRINGS, COLORADO 81601
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PUBLIC NOTICE
TAKE NOTICE that Walter and Sondra Daugherty have applied to the Board of County
Commissioners, Garheld County, State of Colorado, to grant a subdivision exemption in
connection with the following described property situated in the County of Garfield, State of
Colorado; to-wit:
Legal Description: All that part of Lot 16, Section 3, T.8 S', R88W of the 6th P'M'
lying East of the crystal River and west on colorado State Hwy
I 33.
Practical Description (location with respect to highways, county roads and residences):
Located on State Hwy 133 approximately 1/nmile south'
Said subdivision exemption is to allow the petitioners to divide a l0 acre tract into three (3)
tracts of approximately 5, 3 and 2 acres each in size
on the above described ProPertY.
All persons af6cted by the proposed subdivision exemption are invited to appear and state
theiq views, protests oiobjections. If you cannot appear personally at such meeting, then you
are urged to state your views by letter, particularly if you have objections to such subdivision
exemption request, as the Board of County Commissioners will give consideration to the
comments of surrounding property owners and others affected in deciding whether to grant or
deny the request for the subdivision exemption. This subdivision exemption application may
be reviewed at the ofl-rce ol the Planning Department located at 109 8th Street, Suite 303'
Garfreld county courthouse, Glenwood springs, colorado, between the hours of 8:00 a'm'
and 5:00 P.D., Monday through Friday.
That public meeting on the application for the above subdivision exemption request has been
set for the l2th day ol October, 1992, at the hour of 2:00 P.D., at the oflice of the Board of
County Commissioners, Garheld County Courthouse, Suite 301, 109 8th Street, Glenwood
Springs, Colorado.
Planning DePartment
Garf-reld CountY
"lri
il*. of Carbondale O
76 South 2nd St. Carbondale, Colorado 81623 GO3) 963-2733
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I 0,1 ''i, tlcT * .i 1992)'
\, ..October 6, 1992
Mr. Mark Bean, Director
Garfield County Regulatory Offices
and Personnel
109 Sth Street, Suite 303
Glenwood Springs, CO 81601
Re: Daugherty Exemption
Dear Mark:
Thank you for giving the Town the opportunity to review and respond
to the Daugherty Exemption Application. The Land Use Proposal w&s
reviewed by the Carbondale Planning and Zoning Commission on
September 15, 1992 and by the Carbondale Board of Trustees at their
September 22, 1992 meeting. Walter and Sondra Daugherty were
present at both meetings.
The Carbondale Board of Trustees recommends by a vote of six to
zero that the Board of County Commissioners approve the Exemption
Application with the following conditions:
1
2
That al1 recommendations from
regards to protection of the
foIIowed.
the Town Engineer in
future well site be
That the Applicants identify type and location of septic
system to be included with future construction. Type of
system may be specified by County or Town Engineer. The
Town should have the right to review and approve any ISDS
AppI icat ion .
That the type of domestic water source for Lots 1 and 2
be indicated ( the Daughertys can apply for out-of-town
water taps or make necessary applications for wells).
3
4
5
An access
submitted
Transportation be
That access to the Weaver Headgate be provided as part of
the subdivision plat or via separate agreement.
permit to the Department of
if necessary.
oo
Mark Bean,
October 6,
Page 2
Director
t992
Thank you for your consideration in this matter. If you have any
questions, please contact ne at 963-2733.
Sincerely t
'th /C (:-
Mark Chain
Town Planner
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AGREET,IENT
THIS AGREE!,IENT is entered into by and between I{ALTER I'{.
DAUGHERTY AND SONDRA L. DAUGHERTY, husband and wife (hereinafterItDaughertyst,), and the TOI{N OF CARBONDALE, a Colorado rnunicipal
corporation (hereinafter ttTownrr).
ITIHEREAS, the Daughertys own real property located in Garf ield
County, Colorado, as more fully described in Exhibit A attached
hereto and incorporated herein by this referencei and
WHEREAS, the Town is the owner of the following real property
interests on or surrounded by the Daughertys' property described
above: A 30 x 30 foot square of property held in fee simple on
which Carbondale Town Well No. L is locatedr dS more fully
described in Exhibit B attached hereto and incorporated'.herein by
this reference (hereinafter ltParcel 1"); an access and utility
easement surrounding Parcel L and connecting it to Cotorado Highway
l-33, as nore fully described in Exhibit C attached hereto and
incorporated herein by this referencei a 30 x 30 foot square parcel
of laid which was the intended site of Carbondale WeII No. 2, said
parcel being more fully described in Exhibit D attached hereto and
incorporated herein by this reference (hereinafter rrParcel 2tt); and
a roahway easement and a utility easement for use in conjunction
with Pariel 2, both as described in Exhibit E attached hereto and
incorporated herein by this referencei and
WHEREAS, the Town and other individuals have historicatly been
granted access across the Daugherty property to the headgate of and
to and along the Weaver-Leonhardy Ditch and to and. along th9
Carbondale iown Ditch for maintenance, repair, 'and related
purposes, which right of access is disputed by the Daugheitys.
WHEREAS, the Town has water rights in the Carbondale Town
Ditch and the Weaver-Leonhardy Ditch, each of which flow across the
Daughertys, property, and the Town recently constructed a concrete
and metal headgate strueture at the intake for the Weaver-Leonhardy
Ditch on the Crystal River (hereinafter the I'headgatett)i
WHEREAS, the Daughertys have suggested and agreed that a
portion of the Carbondale Town Ditch located on the Daughertys'
property be realigned and reconstructed; and
WHEREAS, as an aid to understanding only, the above land and
water right ownership interests are depicted in sketch form on
Exhibit F attached hereto and incorporated herein by this refer-
encei and
V{HEREAS, the Daughertys and the Town have
ongoing disputes concerning the scope and use of
ownership interests described above; and
had a number of
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WHEREAS, the Tovtn has the power purs
to enter int6 contracts, and to acquire,
of real ProPertYi and
a
uant to C.R.S. S3l--15-101
hold, Iease, and disPose
WHEREAS, pursuant to C.R.S. 531-15-3Oz(L) (b), the Town has the
auttrority ,to -"ppi"p;iate money_ rtr municipal purposes only and to
pi"ria" ior p.frlrrt'ot debts an-d expenses of tne municipalitytt i and
WHEREAS, the Daughertys and the Town have conducted extensive
neqoti-tions' to resdlve ttreir differences and provide for a
teicefuf ana muiuaiiy neneficial working relationship between them,
and mutually desire -to reduce their understandings and agreements
to written form.
NOW, THEREFORE, for and in consideration of the mut'ual
covenants ""J--pil*i".= contained herein, anl 9!h9r valuable'
"""=ia"ration, €h. adequacy and sufficiency- -of which is hereby
acinowledged, the parties hereto agree as follows:
l..TheDaughertysgranttheTownaecess,permissio.l,lll?1.1
reasonable, tempoiary tonstruction easements necessary to realLgn'
the Carbondate'rown Ditch as generally is shown in - purple 9l
Exhibit F, to rlgraAe and otne-rwise miintain said ditch as it
crosses tne plugn6itys' property, to install an earthen or other
type of flurne in-tne !fac6 oi tne existing metal flume structure on
tirl aitcn, and to fuffa a road base access road along the westerly
;e;. ;i ii"-ait"n roi maintenance, repair and related purpo.sei' To
.make such or".iipt==ini", the Oaulnertys agree to move their barn,
vehicles, and-aiy-iE"""! which sf,and in tne way of realigni-ng.Ih-"
ditch and roadway, or reasonable maintenance of tne rea}ign-ed ditch
when it is in -6iace. The Town agrees to' refill the abandoned
channel of tne 'ditch, to construcd tne realigled portion of the
ditch so that the tops of the ditch banks in tnis portion of the
ditch are no more than fifteen (15) inches higher !h?t the maximum
nigh water fevlf-oi tn. ditch ai tuff capacityr-3.nd- to regrgde the
;;6; aalacent Lo tn. realigned port_ion of the ditch to a slope no
steeper than a 3:1 grade p't fyiauling in up to sixty- (60) cubic
t;;# "r iiir roaleriil, whicheier requiles less material' The Town
further agrees to remov. ""V rocfs fn "x"e=s of six (6) incttes in
diameter r"r.irrir,g on the lrouna surface, !o 3dd- six inches of
a;G;ii- in irrat ai"a locate6 between the ora aitch and realigned
ditch marked in cross hatched lines on Exhibit I" to add four
inches or less pf top=oil on the westerly side.of the road as may
be necessary 1d facititate grass growth, ald to ^reseed the area
*itf, grass -foffowing Oaughe-rty's ?onstruction of fences as set
forth below. The Town may use- topsoil already stockpiled o:t- the
Daugherty p="plilv -if it' wishes.- All of said work shall be
completed by ltav r, 1993. Within thirty-(30) dalrs after notice of
the Town to tnlbaugnertys ofthe cornpfetion of the above-described
ditch work, -tnE daugfr6rtys shall Lonstruct a tempora-ry--fence
(weather perni-iii"gr-b"tiir no event later than June 1, 1993-,- and
irior to -resl-eaing'Uy the Town) which temporary fence shall be
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constructed in such a manner as to keep livestock away froT-the
""*fV seeded grass areas and ditch banli. The Daughertys wi.l} be
iesp6nsiure r-or irrigating the reseed areas. The area to be
t;6;;;;i1y fencea snirf iiclude that area generally described as
from the new culvert installed in the southerly portion of the
pioperty north to the cross fence by the flurue and the fence shall
be constructed on the west side or the roadway along the ditch.
ifri= fence may be removed by the Daughertys after one full year or
when the ne$, grass is finally established in the reseeded area.
AII fences shail be constructed so that fences will run parallel to
the ditch and roadwaysr a[rY'fences which cross any road easement
shall be gated, and- any fLnces which cross the ditch shall be
reviewed and approved fftfre Town and which shall be removable and
constructed so as not to interfere in any vray with the flow of
water in the ditch. The Town's approval wilt not be unreasonaPly
withheld. The Daughertys shall bi- so1e1y responsi_ble for keeping
livestock and animils away from the ditch banks and reSeeded areas
a"ti"g said period of tin3 to reestablish grass. - Furthermore, the
Daugh5rtys algree not to provide or store feed hay, grain, salt,
minerals or other processed feeds to livestock or to water
iivestock with stock tanks or other devices on any easement ownad
by the Town or to otherwise interfere in any ,w-ay .with the Town's '
"'=. of said easements. The Daughertys shall install a stock
witering tank(s) in locations asray from the Town'S easements' The
Oaugher€ys agiee that the Town sfritf not be liable for any damages
or iosses tne Daughertys incur based on the Daughertys' use of the
ditch easement grinted-herein to the Town. The Daughertys further
.gr." that theytnaff be liable to the Town for the reasonable cost
oi damages to the ditch and any necessary repairs caused by the
Daughertys' use of the ditch or other easements.
Z. The Daughertys acknowledge and agree that, the new
headgate structure- is -not an expanlion of the Town's 'already-
exisi,ing easement for maintenance and repair - of. - the Weaver-
il;;nildy Ditch and is a permitted and proPer us-e- by the Town under
the Town7s easement rights. The Daughertys shall grant the Town a
written non-exclusive easement, twelve (12) feet in width, to
construct, maintain and use a roadway to provide access to and from
the headg'ate, generally along the alignment shown. in green on
nxfriUit i, dailf alignrient to be staked in the f ietd and the
centerline of which s.-hal} be surveyed by the Town, ?t the Town's
expense, when a roadway has been construCted and is in place' 93id
eaieroeni shall be for -use by Town employees, contractors, or other
iutnorized pe_rsons to gain access by motor vehicle or on foot to
the headgatE.- It may riot be used by the general _public for motor
or"hi"I", foot, or bi6ycle traffic. The fown shall place river run
ro"X it'"ty wet areasbf the roadway to prevent rutting lnd- provide
a solid but low profile road base. The Daughertys- shall have the
iigfrt to make uie of the property burdened by said easement for
p.ipo""= which do not in any wiy interfere with or prevent the Town
trom using it, for the purposes set forth above.
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The Daughertys acknowledge and agree that, an easement in favor
of the Town exiits for maintenance and repair of the Weaver-
i"""n"rav- pit"tt and headgate area and rerated uses including,
,iin""t ii.it"tion, the uie of vehicles and heavy !euip9e.nt, a1g
that the headgate for such ditch is construcied within said
easement. Said easement includes access to and the right to
lniintain ana iepaii the river and river banks at the point' of
diversiori and continues along the ditch itself
3. On completion and submission to the Daughert-ys_ -of th:
"rrrr"y-a.="iib"ai. p"t"graph 16 hereof , the Daughertys shatl grant
t[E t6*" a written non-exclusive easement twenty-five (zs) feet in
,iatf, to include the area of the Carbondale Town Ditch as realigned
;;d-;dj"ining the access lray designated in brown on Exhibit F'
Both ttie Carbonaate Town Ditah and the adjoining access waY.shall
be contained within said 25-foot wide easenent, without restriction'
as to the exact placement of each. The alignment of the easement
shall be staked in the field, and the fown shall survey said
easement for tuiposes of its conveyance. The DaughertVs 3ck19yl;
edge and appr,j"" it " Iocation of th6 realigne! n-o-rt-ion of the ditch
;e- atjoiiing access sray. Said easement shall be used by Town
enploy6es, contractors, or other authorized persons for access,
miint-enance, repair, cohstrrr"tiot, and utility purposes, including
for access tiy vLnici" or on foot to the headgater fof maintenance
of the Carbondale Town Ditch, for access to tne Town's new Parcel
No. 2 as described below, for construction, maintenance, repair,
and replacement of underground utility 1in6s, and f9t irrigation
ditch ind water transportation pur-p_oses^. However, the access $'ay
shal1 not be used by t-he general pu6tic for motor vehicle, bicycle,
or foot traffic
The above easement shall be granted subject to the Daughertys'
continuint right to construct and make use of a foot bridge across
the Carboiaaf6 Ditch with the prior written approval of the Town,
,fri"f, approval shall not be unieasonabty witfrhefa, ald to use the
easement area for any other reasonable purposes as..long as such
uses by the Daughertyi ao not in any lilay interfere with or prevent
the fown,S use oe tne easement for its purposes. The Town agre9s
that it wiII "p"" =lq,r"=i install a twenly (ZO) foot culvert in the
Town Ditch downstream of the flume itructure, to provide - a
vehicular crossing. If the Daughertys wish that such a culvert be
installed, thei sffaff designatd a lotation and supply the culvert
pip" ,ni"n sniff be satis-factgty to the Town. The Town shall
install the cuhlert only at a tine when the ditch is not in use and
shall do so within a reasonable period of time following th9
i"q""rt suUject to weather condit-ions and the availability. of
m.frpower an6- equipment. The culvert and aII other rnaterials
,,""L"=..y shalL' b: supplied by th9 Daugheltys and shall be
delivered to tn" cro=iing sit6 and the culvert shall be of
sufficient diameter and guaiity as determine-d by the Town so as not
to interfere with the flow of riater in or maintenance of the ditch.
By way ot exanli;,-i; "aAition to the cu1vErt, the Daughertys will
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provide concrete, road P3?", back -fi_1_1 material, forming material
and rebar. 'I'ne fbwn;i obligation shall not include construction of
any roadway or providing aiy road surface materials.
4. The Town agrees to quit-claim to the lraughertys any. and
aII interests ii ,"V -h".r" in e-xisting easements in and along those
parts of the carboridale Town Ditch wnicn will be abandoned after
I"ia ditch is ieifigned. Furthermore, the Town agrees to vacate,
alanaon, and q"ii:"i"im to the Daughertys any and alt easements'
Iicenses, or itlft"t legal rights i€ may- previously. have had for
access to the headgatd by meins of grairt] prescription, implica-
tion, oE anY other Iegal theorY.
5.TheDaughertysagreetoconveytotheTownby.general
warranty deed free- and -cleai of liens and- encumbrances (other-!nul
the encumbrance of the aitcfrl sufficient additional land.'to adjust
the boundaries of the ."i=1i"g Parcel 1 so that Pariel 1 will
become a square, one hundred iroo) feet on each side with the
E"i=Ii"g Weif Head No. 1 locatea'appro_xlmate1y in t]re center of the
square (new Parcet 1). The new pirLel L shaf be located approxi-
mately as shown in red on Exhibit Ii' and shall be shaped so 1s-to
allow the Daughertys access f ift,een feet in width t'o their pond -forpurposes of ;1;;k-'witerinq ""d transporting water from the pond by
iipEfi"" or other method. The Daugtiertys furthe_r agree to convey
by general warranty deed to the fo-vm fiee and clear of liens and
encumbrances to the Town " =qrit" parcel of land, ole hundred (100)
feet on each "ia", suitable for co-nstruction of WeII Head No' 2 and
Iocated rougfrfy i"-=n"r" i" red on Exhibit E (new Parcel 2)' Th9
Daughertys sfriff remove -iff building structures and personal
property from said parcel. In their conveyance of ttre land for the
new parceL Z, tne Oiughertys will reserve a non-exclusive right of
use of the twelve (12i toot'portion of the access way which is par!
of the easement as set foiti in paragraph 3 hereof for access and
utility purposes so long as =u"h- usd aoes not interfere with the
Townrs ""="*".i rights itA-uie of said access way' The Town, dt
its own expense, stiall have survey wgrk performed-for the purpose
;i-p;;"idi;;-1;Luf air"riptions dn the warrantv deeds of the ne$'
parcel L and new Parcel 2.' th" fo*t, will obtain written confirma-
tion from the Garfield County Commissioners and provide a copy-to
Daugherty", -"=iirii=ning that, neither subdivision nor subdivision
"*Eipti"i, "ppt""if is r5quired for lawfu} conveyance of Parcels 1
and 2. The Town's easerutnt rights shall include the right-of
access to new P4rcel 2 for the purpose of drilling and constructing
a water weII thereon. New pardelJ L and 2 shall be surveyed by the
Town and perm-anl-1t pi"s placed in the corners of the nes, parcels'
Notwithstanding any other provision to the contrary, if the
Daughertys t i"n to - reaiign thd .roadw-ly in the wicinity of n?w
parcel Number 2, such reaiignment shall occur outside the bound-
aries of new parcel Number 2 and the Town shall be granted an
easement for use of the road as realigned'
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6. In exchange for the property to be conveyed to the Town,
ttre Town agrees to reconvey bylpetiaf warranty deed^free and clear
of liens aid encumbrances otner than those matters of record or use
prior to the time of acquisition by the Town to the Daughertys
parcel 2 as it currentl! exists. The Town further agrees to
ieconvey by speciaf warr:anty deed free and clear of liens and
encumbrances olher than those matters of record or use prior to.the
th;t-u"q"i"iii"" by the Town to the Daughertys the existing
roadway easLment ana rititity easement described in Exhibit E and
g"rr"t.ity shown in orange -on Exhibit f. However, the Town shall
retain the roadway ana utitity easement which it currently ltoldsfor access to Pardel 1, as genlratly shown in yellow on Exhibit f.
7. The Town, of its own expense, shall build a fence along
the property linei of the newly-configured Parcels 1 and 2 as
fotlows: The fence around new Farcel 1 shall be built-within a
reasonable period of tirne following construction of improvemgn-ts
contemplate& on this parcel. The f-ence for new Parcel 2 shall be
built -as described ibove within a reasonable period of time
i"rr"wi"g the installation of a well on the new ParceL 2. Any such
fences constructed shall be of three (3) rail split construction
with woven wire with openings not, greater than three inches (3tt)
square to be placed iniiae the wooden fence. Said fences shall be
of a strengtli and height sufficient to fence out aII livestock.
The Town snaft install such gate or gates as are necessary !o pa::
into and out of Parcel !, a-na such gates on the north and south
sides of the new parceL 2 as will be nbcessary for access along the
Carbondale Town Ditch. The Town will also repair and restretch the
damaged portion of existing fence located between WeII House No. 1
and fhe -Crystal River. aff fences constructed by_th-e Daughertys
that are pdralle1 to the Town ditch shall be .located o-ff .the Town's
easement, except that fences crossing the roadway may be.construct-
ed with the Toilnrs prior approval so long as gates are constructed
to allow access foi vehici6s and equipment. The Town's approval
will not be unreasonably withheld.
8. Any and all pipelines, posrer lines, ot other utilities
which the Town extendi atong the-2s-foot easement which will be
gii"t"a to it pursuant, to Pafagraph 3 above, with the exception of
the No. 2 Well'Head itself, shitl-be placed underground. Similar-
Iy, aII new pipelines, power lines, oi other utilities installed in
the Townrs a"3"== and ttifity easement to Parce1 L, described in
Exhibit C, shall be placed underground, provided, however, tttat
rrottring c6ntainea in Lfris paragrafh shall -be construed to require
the toin to bury underground any existing povrer l_ines, and the Town
shall have tne iight t-o repair j rnaintain, -or replace such existing
overhead power 1i-nes inctuaing replacement with po$rer lines that
may carry greater amounts of etectricity. .If required as part of
ir,3t"ff.ti5", power poles may be replaced with sufficient poles to
carry tfre reirliacemerit lines and up to one additional po1e. may be
installed. The right of the town to construct, maintain, and
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repair underground water lines within its easements, including the
usl of heavy-equipment, is hereby reconfirmed'
g. The Town will plant three six-foot taII pine-trees at the
headgate and at new paicel Number L. The Town will also plant
three six-foot pine trees at new Parce1 Number 2 if a building is
"r"r constructe& at that parcel. The Town will also filI, regrade,
and reseed tne lxisting -vehicle ruts generally located along the
line between the WeII House No. 1 and tne headgate structure at a
tirne vrhen "or,Aii1or,r wiII permit such work without damage to the
ground.
l-0. The Daughertys acknowledge that, the Town has the right
and. intends to construct a chlorine contact tank as part- of the
Town,s proposed reconstruction of improvements to be located on ne$'
parcel i. - aff such construction will be located within'the 1OO x'
LOO foot boundary of new Parcel 1. The tank shall be constructed
sG=Lantially uid"=ground. A11 pumps and controls will be
constructed undergro-und or contained within a roofed structure'
When such "o1-=-irrltion is completed, the Town will fill in and
i"gi.d" aII aiainage ditches lbcated on new Parcel 1. The trown
wiII also remove the dirt berm it constructed to direct drainage
ditch vrater east of Well House No. L.
11. The Daughertys shall be responsible for maintaining the
pond near new ParcLI 1 Lnd for keeping-water from draining onto. new
Parcet 1. The Daughertys will impiove the existing drainage outlet
fi"*-tnEir pond n6ar W;I1 House No. L. The improved drain outlet
will be on the side of the tond which borders the Crystal River'
and wiLl be located and conitructed s6 as not to result in water
Aiuitug" around Well House No. L. The parties agreethat the Town
may construct at its sole expense an overftow syitem in. connection
with the Carbondale Town 6itcfr. Such overflow system may be
Iocated ot ptop.rty of the Daughertys a! a location selected by the
Town and appr6ved'by the Oau{hertys which shall be south of neb'
parcel I, "ppi""if-|rf which Snatt not be unreasonably withheld'
Such overflow'"V=i"r-ray involve a drain which would a1low overflow
water to enter into the Daughertys' pond. The Daughertys agree to
cooperate with the construction of any such overflow system anct, 1r
reqtested by the Town, grant the Town the necessary temporary
easements for such construction and permanent easements as may be
necessary to transport overflow water across the Daugherty
propertY
L2. AII work performed and structures constructed bythe Town
on the Daughertys, property, or on properties owned by the TgYl,
shall be done t-o goba Lrgi'r,L"ring slandards and in a workmanlike
fashion. In the event that temporary access is needed outside the
Tovrnrs easements or fee ownership, the Town shall be granted by the
Daughertys such reasonable tempoiary construction easements on land
aAjicent to that owned by the to*t iubject to the Town's obligation
oi-restoration -of ity disturnea area. fne Daughertys shall not
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unreasonably object to such temporary easements. AIl use of the
Tovmrs tenporarf construction ealements on the Daughertys' propglty
pui=u"nt t'o tfriS agreement shall be subject to the requirement that'
bown empioyees snlff carefutly regrade_, replace, revegetate. or
"in"rwis'" f"pair any rutting oi piles of material, as appropriate
before the work is comPleted.
L3. The parties hereby mutually release one another from all
fiafiiiiy irislng from the causes of action at law or in equity
which ma! now eiist regardless of the legal theories on which said
""ii"""
'rigfrt be broug-ht other than for breach of this agreement.
L4. The Town agrees to grant at no cost the Daughertys lyo(2) Carbondale Town water tapJ of one EQR each to be used by-tle
tiaughertys or tnLir designees- on the prop.erty dgscribed in Exhibit
A ;i =rr"'h time as the Diughertys or their designees shall deter-.'
mine. Charges for water lervite used through thg aboVe two (2)
taps shalt 5e at the rates charged for such service outside the
toisn limits unless the property is annexed into the Town, and the
water shall be used for LesiaenLiat purposes only subject always to
appticable Town ordinances and regutations. In addition, the Town
a-g'rees to pay to the Daughertys $OTZOO..OO by check for surveying
and other expenses whic-h tha Daughertys navg incurred'within
fourteen (14) ctays following the receipt of the deeds of ionveyance
and other documents set forth herein properly executed by the
Daughertys. The form of all such conveyance documents shall be
subject to approval bY the Town.
15. The parties agree and intend that the respective
covenants contained in this aqreement shalt survive the execution
ina aeiivery of documents callea for in this agreement. In the
event of default under any of the terms of this agreement by eitlrer
party, the non-defaultint' pafty shalt h_ave aII rights and remedies
available at law o= in -eiuit|, including the right of specific
performance. This .g."em"it siriff be construed in accordance with
Lfre 1aws and decisions of the State of Colorado. Any controversy
oi clain arising out of or related to this agreement-or the making,
performance, oi interpretation hereof, shall be submitted to the
bistrict Court of Cartieta County, Colorado, for resolution. No
piE="rptions or construction sfralt result for or against either
|arty ls a result of the drafting of this agreement. In the event
that such lega1 action is Urougnt, the subcessful or prevailing
p"ity in the litigation shall Ue entitled to recover reasonable
ittoineyrs fees'an-6 costs incurred in that action in addition to
any other relief granted by the Court
16. The parties shaIl use their best efforts to complete the
necessary survlying and to prepare the documents to be exchanged
,itnin ninety (go) -aays of tire date of execution hereof subject to
delays that may be caused by weather conditions.
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tZ. The Daughertys acknowledge and agree that the water wells
constructed or coiterupiated by this agreement are an integraf p?5!
of the Townrs water iystem. The oaughertyi agree that they will
not intentionally do Lnything which would in any way irupair t!"
quant,ity or quality of witer tfrat may be produced bJ such weIls. In
iaaitioir to ine f6regoing, the Oaughertys agree -that before tl"y
change the use of their pf6perty. in lny wiy they.
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provide prior
,iitf,.r, notice thereof to tne iovm. The Town will thereafter have
i-perioa or tf,irty (30) days to object_ in writing to said proposed
"=L. If a tirnel! iUjLctibn is mide by the Town, the Daughertys
agree not to go -forwlrd with the proposed use for a period ?ti5rty-five (Asi days, following sudn 6bjection. If during s?ig
i"ity-fi"" iasf a.f period, the Town suppties the Daughertys.with
a written opinion trorn a licensed professional or water engineer
stating thal the proposed use will contaminate or otherwise harm
tn" q"i"tity "i qrr'"fity of water from the wells referred to 1erei1,the proposel use shall not be a1lowed. However, the Daughertys {tay
engale inotnei engineer to provide the opinion referred to herein'
ff -tfre Daughertys-' engineei's opinio-n is consistent with that of
the engine5r enlagea 6V the Todn, the propos.ed us.e shall not be
a1lowed. If th; 6augh6rtys, engineer'J opinions is inconsisterit
with that of the fown-rs engineer-, the two Lngineers will se.Ie_ct_ a
iniia engineer to provide- his 'opinion-, whlctr opiniop witl . Pefinaing 5r, the parlies and a conclusive determination of the
issues. The cost of the third engineer will be paid by the pa5,t1e1
equally. If the two proposed ei:gineel. cannol agree on a third
"rr^girr"6., the Districi Colurt of Garfield County, Colorado, shall
aeiignat!.trre engineer to provide said opinion. The parties agree
that the construltion of ; single family hone on each of the two
nev, parcels that will be cr6ated if the pending subdivision
"xernption is approved by Garfield County shall not be considered a
chan-ge of use irnder thL terms of thiJ para.g-raplt ."o long as- tle
indiiiauat wastewater disposal systems specified in.paragraph 18
are utilized and subdivision exemption approval is given.
1g. The Daughertys have filed a subdivision exemption request
with Garfield Courity aria tne Town has submitted its recornmendations
with respect to sai]a request. lthe Daughertys have agreed as.Part
;i said request that non-leaching evapotranspiration individual
wastewater disposal systems will- be used on the two new lots
created UV tne Lxempti6n. If the apptication by .the Daughertys is
amended i-n any way; notice thereof will be provi_ded to the Town.
So 1ong as no-sUch amendment is made, the Town sill not change the
i""or*6tdations' submitted by the town.
19. Notwithstanding any provision of this agreement to the
contrary, nothing contaiiea nlerLin shall constitute recognitio-n.of
or ackn6wledgemeit ny the Town of Carbondale of- anY interest which
may be claim-ed to bd owned by the Daughertys in and to the water
an-it water rights of the Carbondale Town Ditch'
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20. The Daughertys agree that they hrill not oppose in any vray
an application nade by the Town for a weII permit on new Parcel 2.
2L. The Daughertys acknowledge and agree that there are other
persons and entities wfro have or may claim an ownership interest in
lnd to the Carbondale Town Ditch and the Weaver-Leonhardy Ditch and
that this agreement shall not, create any obligation of or be
binding upon-such individuals or entities.
ZZ. This document ernbodies the entire and complete agreement
of the parties on the subject matter herein, No promise. or
undertaking nas been made by Lny party, and no understanding exists
with respeit to the transaction contemplated, except, as expressly
set tortfr herein. Except as stated in paragraph 28 below, all
prior and contemporaneous negotiations and understandings between
Lhe parties are integrated and merged into this Agreement.
23. If any covenant, term, condition or provision contained
in this Agreeme-nt is held by a court of competent jurisdiction to
be invalid, illegal, or unenforceable in any respect, _.qYqlcovenant, term, coriait,ion or provision shall be severed or modifieid
to the extent necessary to mife it enforceable, and the resulting
Agreement shall remain in fuII force and effect.
24. This Agreement shall inure to the benefit of and be
binding upon the parties, their heirs, devisees, executors,
adminiitraiors, assilnees, transferees and successors in interest.
2s. This Agreement may be executed in duplicate original
counterparts, each of which shall constitute an original but aII of
which shall constitute one and the same document - /
26. This Agreement may be amended from time to time by
amendments made Uy tne parties in written form and executed in the
same manner as this Agreement.
22. AII notices, demands, or other communications pursuant
hereto shall |1e in writing and shall be deemed to have been given
and delivered upon being deposited in the United States Mail, first
class postage prepaid, ana addressed to the parties at the
following addresses:
TOWN: Town of Carbondale
76 South Second Street. Carbondale, CO 8L623
with a copy to:
Robert B. Emerson
Attorney at Law
86 South Third Street.
Carbondale, CO 8L623
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DAUGHERTYS:Walter M. and Sondra L. DaughertY
255L HighwaY 133
Carbondale, CO 8L623
rrith a copY to:
Thomas L. Adkison
AttorneY at Law
Leavenworth & Lochhead, P.C.
P. O. Drawer 2030
Glenwood Springs, CO 8l-602
2g. This agreement may amend and supersede some aspects of
prior written agieements belween the parties. Such prior 99ree-hents, except ai amended and superseded hereby or by the doctments
to be-execuLed according to the terms hereof, shall remain in fulI
force and effect.
WHEREFORE, the parties have executed. this document on the
dates set forth opposite their signatures.
Date:Walter lt. DaughertY
Date://k_
aL. Da
TOWN OF CARBONDALE, COLORADO
Date:
Suz Cerise, Town C1erk
STATE OF.COLORADO'/ ll \ \
COI]NTY OF GARFIELD
Subscribed' and sworn to before
L992, by Walter l,I.
/3 day of
and Sondra L.
By sH.
me. this
Daugherty
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DaughertY.
, r\i;\;;; witness mY
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hand and official seal
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Notary-
Iily cornmission expires I I I -g -qG
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Witness my hand and official seal.
My commission s totlqq{
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STATE OF COLORADO
ss.
COUNTY OF GARFIELD
ibed and sworn to before me this lT'lL daySubscr
'{ lnsern&r-L992, bY James H. Luttrell as MaYor and Suz
Ce'rise as Town Clerk of the Town of Carbondale, Colorado.\ ll)r'
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EXHIBIT LIST
Legal description of Daugherty Property.
I€gal description of Carbondale Well No. I parcel.
Legal description of access and utility easement associated with Well No. 1 parcel.
Legal description of road and utility easement used in connection with existing Well No.
2 parcel.
General location maps. ' ''.
A.
B.
c.
D.
E.
F.
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EXIIIBII B
A parceL of Land sitruated iI1 the SEt-of Section
5,t;;;.di 6-soutrr,- Range 88 l{est of the 6th
P.M. , said, p.=".f of land is described as foLlows:
Beginning at a p9i5rt whence the Southeast Coraer
of said, Section'3 bea=s:-- S. . 65"57 '38" E. L722.89
feetr; trhence il Es;441s-a" w. 30'oo'feeti-!l?19:
fr:-oA.i5;za" fr. so.oo feeEt -!E*9g I. 9s'4*'36"E. 30.00 ieeti'thence S. 04"L5'24" E' 30:00 feet
tc the Poiac of beginaing'
I'lre above described, parcej. of la.ad coaEaias o.o2
acres, Bore or less.'
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EXHIBIT C
a pe=3ei=f easeserrt ove=, through, aaci r:l'd'e= the
foLLori.:rg reaJ- proge=-ty sitsated i:r the SEt of Sectrlo11
3,.Torcashi-p 8 South, Ra:ge 88 West of the 6Eh P.!{-'Iyr=g
bet-..;e-:rg t!.e I[este=Iy rightloi-'.liar liae of Colorad'o
o
SEate. Ej-ghway No. L33 es,<i the Easte=Iy be=-t of t!.--
GryscaJ- Rive=, Elore particuJ'arly d'ese=ibed'---
Begirrr-ing at a poine orr the liesterly Is'e of
;;iA bigi*:=i v-h'"="= t!.e Southe'sc Cc:=e= of
;.ie selcroi 3 bears: S. 56"40'26'l E' L760'94
f;;-; -th;;; s. -et; t*z's6" w. 50.00 -fe.t i tliige
s. -to "ili itrn t . 3. oo faet; therce.-s-' 69"42' 36"
' 1"-. 36.55 feeE; the=ce S' 04"15'24" E' 235'02
;."i; - L="=.= i. 85" t*'36" w- 84.67 faEt i th?i13
fr:-oa"i5i i+'' w. 35. oo feet; th':ce s ' 85" t*'36"
.- -;i: e O.oo feeE, E€r+-or less -to- a Poi'a'ts on' the'
;;=i;;i; b;k'o?-i=ia f=:te=.; theaie N. 04'Ls t ztLtt
H. i-5.0b feet aLoig saici rate=; t!'es'ce' N'
a3"tr+i a6"-i. -r.it.6i feex; trhe=ce N- 04'15'24"
n: 2$.84 i..tI-therce, N- 69"4i-'36" E: 55'90
f;=a;-Cee'ee. S. 20"L7'24" E 3'00 feSt;' tho-ce'
N- 69"42t36" E. 50.00 feet, Ero-re or- less to a
pi:=i oo ii" F""E:rI^Iigl:.-of-w-av l-ine oi said'
hieilr'-Er; thenc= s- Lb"4SrZ4r' E' aLoa'g "-+d 5ig?tr--;.ot-!y-ay t-u,"' Lg.OO faeL to the' poi:rt' oi bef-f'+f'g;
. Excegtr a percel of larci described as folLows:
A parcel of La:rd' sittz'te'd' i'u' th9 -S-Et of -secdtt'g ,
-io*=ihip 8 south, E'-g". 88 l[est of't -rhe, 6rh P.Ull ""ta'-pa=cel oi La:eE is desc=ibed'
, as follot-s: '
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hift\,{Itu s LEAVENWORTH & LOCHITEAD, P.C.
ATTORNEYS AT LAW
LOYAL E. LEAVENWOBTH
JAMES S. LOCHHEAD
SHERRY A. CALOIA
THOMAS L. ADKISON
HAYDN WINSTON
1011 GRAND AVENUE
P.O. DRAWER 2O3O
GLENWOOD SPRINGS, COLOBADO 81602
TELEPHONE: (303) 945-2261
FAX: (303) 945-7336
November 23, 1992
Mr. Mark Bean, Director
Garfreld County Regulatory Offices & Personnel
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Daugherty Subdivision Exemption Request
Dear Mark:
pursuant to the conditional approval by the Board of County Commissioners, I am
enclosing for your reference a copy ol ttre Agreement that was signed between the Town of
Carbondale and Walter and Sondra Daughtery. As you can see by Paragraph 14, the Town has
granted two water taps for the two new lots. As you can also see by Paragraph 17 , the Tolvn
ioes not object to t*-o single family homes being built on the parcels (Sq, also Paragraph 18).
Finally, t im also encloJing a copy of the state highway access permit for access on State
Highway 133.
please advise us of the additional requirements necessary to finalize the Water Right
Dedication Agreement.
Very truly Yours,
LEAVENWORTH & LOCHHEAD, P.C
Leavenworth
LEL:lln
Enclosure
cc: Walter and Sondra DaughertY
C:\FILES\BMN.2LT
APR i '; l''
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Glenwood Springs Resource Area
50629 Highway 6 and24
P.O. Box 1009
Glenwood Springs, Colorado 81602
IN REPLYREFERTO:
17859
( 7-880 )
Gdri:ii tcrl*1":i,'-n-il^lTY
April 15, 1994
!{r. llark Bean
Garfield County Planning Department
109 8th Street - Suite 303
Glenrood Springe, Colorado 81601
Dear llr, Bean:
Thank you for the opportunity to revier the Fublic ilotice regarding the
modification of a Special Use Permit given to Eastside Coal Conpany. Since
this nodification deal.s rith improvements te the junction of County RoadE 233
and 227, I do not have any specific comments regarding the proposal. Hovever,
upon revieu of the attached Legal Deacription, it haE been determined that the
Federal CoaI Lease (Serial ,C0C-O43937) ras terminated on llareh 1, 1990.
Sincerely,
l'lichael S. I{ottice
Area l{anager
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LEAVENWORTH & LOCHHEAD, P.C.
ATTORNEYS AT LAW
March 2, 1993
,ilAR 0 5 1995
.G-i\TiT' i H,LD C,,-JU I t.I,Y
10.11 GRAND AVENUE
P.O. DRAWER 2O3O
GLENWOOD SPRINGS, COTORADO 81602
TELEPHONE: (303) 94s'2261
FAX: (303) 94s-7336
LOYAL E. LEAVENWORTH
JAMES S. LOCHHEAD
SHERRY A. CALOIA
THOMAS L. ADKISON
HAYDN WINSTON
Mr. Mark Bean, Director
Garfield County Regulatory Offices & Personnel
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: DaughertySubdivisionExemption
Dear Mark:
According to our records, the Garfield County Commissioners gave their conditional
approval for this exemption on November 9, 1992. The Daughertys had 120 days from the
ti*e, or until March 8; 1993, to file the Final Plat, or to ask for an extension of time.
On behalf of the Daughertys, I hereby re4uest that the Commissioners allow an additional
120 days for submittal of the Final Plat. The Town of Carbondale has just completed its survey
of the properties, which will be incorporated into the Final Plat for the subdivision exemption.
While i Oo not think that it will take the entire 120 days to incorporate the survey into the Plat,
we ask that the full 120 days be granted for the convenience of everyone involved.
Very trulY Yours,
LEAVENWORTH & LOCHHEAD, P.C.
Thomas L. Adkison
TLA:rln
cc: Walter and Sondra DaughertY
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C:\FILES\BEAN. I LT
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COLOHADO DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY ACCESS PERMIT
SH No/MP/Side: L33 I 66 .5lL
Local Jurisdiction: Garf ield Count
Dist/Section/Patrol: 30215
DOT Permit No.: 392132
Permit Fee: $50.00
Date of Transmittal: 10- 16-92
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GAFIF}ELD COUN-IY
lobe wonnedothlocatehistatehwCCESStheaytorunstcnUSdangetsrmonSIoocantedtsehpegrebyofhSncoiridnohteeSrmrf8permlaithWnaudsedacnordancecmarantnedtedcbencosruacceSESshalhTndtheSSUbevokree ImabyTh(smenthS vaednastedttacpermresAccCoSdSHateWhudnheaynclgI useTheonsitiofhmadnndpermconaoftheedntSseuvateolheacttedcesvatifanmtieuohitpermrvvtidmesunaccessredalatltersngareacadesdrequnbarriaggnASfrehrsntoDwarnnandonstructS,cadvan gofg TROON LTRMFAFCcNoNUFORANMLUAwlthehnonformancechateSthnt-of-waynctuonwlgco tdalshebehnaedmntdeoyeesnatheiddagentspluemppoinUnuhelythohTlssDeparteSErtPaVIgrityEVDCheit.mxercleosenreasotheperofustendeadamebyanuorctiatonrtygoressannlrypropStahmanypersoag
Walter M. and Sandra L. DaughertY
2551 Highway 133
Carbondale, CO 81623
On the west side of State Highway 133, a distance of 264O feet north
frorn Mile Post .133i UC. Ab
LOCATION:
Two single family residences.
ACCESS TO PROVIDE SERVICE TO:
See Attached Sheet.
OTHER TERMS AND C ONDITIONS:
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority
Bv (x)Not Required Date
attachments containedterms and conditions and referencedt the permittee agrees to thethe signing of this PermiUpon within 45 daYs froms and safe manner and shall be finishedcompleted in an exPeditiouherein. Allconstruction shall be
ance with the terms and conditions of the permit prior toinitiation. The permitted access shall be completed in accord Nick Lopezbeing used. The permlttee ehall notlly 963-i186atwlth lhe Colorado Department ol Transportatlon ln
wlthln the State Hlghway rlght-ol-way,at least 48 hours prlor to commenclng constructlon
al representative ol the property served by the permitted
terms and conditions.
thebe erown ortheASmust legsngpermitteeThepersonrgnr
allitrmethtofulhavepeauthorityandaccess /,9'Permlttee (X)Date
12-L5-92Bv (x)Access Committee(Date of issue)
Date Tifle Administrator.
eD a mrt entntatieofvethezedonrerespdauuahbpitnotvauidntslvlyhTsgperm
ORL ADOSATETFoocTRTAONNTEFoRTANSPOEDARTMP
Required;
'1. District (Original)
2 Aoplicant
Make copies as lor',
spector
and will not be used
CDOT Fo.m fl101
Local AuthoritY
MTCE PaIroI
COPY DlSTBIEUTION:
Trallic Engineer
Previous Edilions are Obsolete
I /51
PERMIT NO. 392L33
t-Driveway shall be constructed 24 feet wide with 50 foot
radii. Surfacing for driveway approach is required as
follows z L2tr of class f gravel in 2, 6!r lifts i 6" of class
6 gravel in 1, 6rr lifts.
niifTcut slopes shall be at a 6:L slope on the roadway and
at 6:1- on the access aPProach.
No drainage from this site shall enter onto the surface of
the highwiy. AII existing drainage structures shall be
extended to accommodate alI new construction and safety
standards.contractor shalt follow the applicable construction
=p."iii"ations set for by the'bepartment.of T:ansportadion
in tne latest manual Standard Specifications for Road and
Bridge Construction. tfre propeity owner is responsible for
ted by thL construction of this driveway
an& aII expenses incurred for repair. Any damage to. any
existing highway facilities shall be repaired prior to
continultg 5tn"t work. Compaction of sub-grade, embankments
and backfiff shall cornply witn Section 2O3 of the Department
of Transportation StandaiO Specifications. The first 20
feet bey-ond the ctosest highway lane, including speed change
Ianes, ihall slope down ana awiy from the highway at a 2Z
grade to ensu." i.op"r drainage control. AII excavations on
,ltif ity lines, cirlvLrts, other trenches or tunnels shall
meet tlre requirements of Colorado Department of
trur,=pottation, OSHA, Colorado Industrial Commission and the
colorido Division of Mines, whichever applies. The area
around the new work shall be well graded to drain, top
soiled, fertilized, mulched and reseeded'
Work shall BEGIN AFTER 8:30 A.M. and all equipment shall be
off the roadway BEFORE 3:30 P.M. each day.
2
3
4
5
tatr|r*{#'dr""
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is ggmpleted.IJffi*
, :, ,i; , 13. The parties hereby mutually release one another from all liability arising from the
causslx of action at law or in equity which may now exist regardless of the legal theories on
whlct said actions might be brought other than for breach of this Agreement.
ilr',."
14. The Town agrees to grant at no cost to the Daughertys four Carbondale Town
\
WeachtobeusedbytheDaughertysortheirdesigneesontheproperty,', "'
descfit€d in Exhibit A at such time as the Daughertys or their designees shall determine.
,.1
Chatges for water service used through the above four taps shall be at the rates charged for such
. .': ''
, service outside Town limits unless the property is annexed into the Town, and the water shall
purposes only subject always to applicable Town ordinance and
regulations. In addition, the Town agrees to pay to the Daughertys $3$00.lry check for
surveying and other expenses which the Daughertys have incuned immediately upon receipt of
the deeds of conveyance and other documents set forth herein properly executed by the
,. .:,
Daughertys. The form of all such conveyance documents shall be subject to approval by the
l
Town.
' :,,r;,:,, 15. The parties agree and intend that the respective covenants contained in this
Agrqement shall survive the execution and delivery of documents called for in this Agreement.
In the event of default under any of the terms of this Agreement by either party, the non-
defaulting party shall have all rights and remedies available at law or in equity, including the
C:\FILBS\DAUGHBm.2Ao
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CARBOIIDALE & RURAL FIRE PROTECTION DISTRICT
300 Meadowood Drive
Carbondale, Colorado 81623
303-963-249t
FAX 303-963-Os69
.rj\trift.:s;t. 4 | L992
?r';r Ler Daugherty255i St. Hwy. 133
Cnrl.or-iiiaJ-e, CO. 8L623
Ii.e: Fi.re Protection
The property located at 2551, State Highway 133 is within the
L;cundar:-es of the Carbondale & Rural Fire Protection District. TheDistr-ict provides both fire protection and emergency medicals*rvices .
iI ):au have any questions feel free to contact me at 963-249L.
S:,i:.celrely,
U**
Chr:i. i; irial:riott-Lawrence
Arl.ni.n i-sLrative As sistant
{lar:'bonCale & Rural Fire Protection District
9.-
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LEAVENWORTH & LOCHHEAD, P.C.
I ljlf*; - "t: '-:i- ir.!"j i il; :tri::;.r i-i.r ,'ii* . 'ifl
{it. auo is ,,r, ,ii Ji
1., r." _*-_ ji:i
LOYAL E. LEAVENWORTH
JAMES S. LOCHHEAD
SHERRY A. CALOIA
THOMAS L. ADKISON
HAYDN WINSTON
Mr. Mark Bean
Garfield County Planner
Garfield County Courthouse
109 Eighth Streer, Suite 300
Glenwood Springs, CO 81601
Dear Mark:
ATTORNEYSATLAW
August 18, 1992
rorr onAr,ro*vi-ilG,. l-. r- :.iU i.J'i'i.
PO. DRAWER 2O3O
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (303) s4S-2261
FAX: (303) 945-7336
Re: Walter and Sondra Daugherty
This will confirm our recent telephone conversation concerning divisions of land bypublic entities. During that conversation, you indicated that Garfield co-unty does not considerdivisions 9f land by public entities which irave condemnation powers as foimal ,,subdivisions,,
of land' You cited to me the Colorado statute which exempts such divisions of land from theSubdivision Regulations. Therefore, a conveyance of land to the Town of Carbondale by Walterand Sondra Daugherty would not count as a "subdivision" for purposes of determining the totalnumber of subdivision exceptions on the Daugherty property.
If my understanding as of this matter is incorrect, please advise me. I appreciate yourtime in speaking with me about this.
Very truly yours,
LEAVENWORTH & LOCHHEAD, P.C.
'-' --- -1'- ^ I<.-------------\ L--"lruJ-[r^*.--.-.-..-
Thomas L. Adkison
TLA:rln
cc: Walter and Sondra Daugherty
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