HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as
amended, and the Subdivision Regulations of Garfield
adopted April 23,
County, Colorado,
1984 Section 2:20.49, the undersigned Kitty Clemenson
agent for the Davies family and for M & M Marc Adler - --
---__ ;„nd M & M Jerry r .;pectfully petitions the Board
Adler
of CountyCommissioners of Garfield County,
Colorado, to exempt by
Resolution the division of1.72arre trP.ct-
as
of .land into
1 tracts
approximately 2.0 ---acres each, 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 reasons stated below:
_ The Davies property was inadvertently left off of a transfer of the entire estate
_______
and consequently an illegal-------
parcel was created. We have obtained an
of
of an acre to create a legal parcel.
additional 3/10ths
SUBMITTAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with
all the following information. h
fib.
Sketch map at a minimum scale of 1"=200' showing the legal
description of the property, dimension and area of all lots or
right-of-way,
separate interests to be created, access
and to a public
any proposed easements for drainage,
irrigation, access or utilities;
Vicinity map at a minimum scale of 1"-2000' showing the general
topographic and geographic relation of the
the surroundingarea within two (2) miles, ,rfor whichoposedeaPtion oto
f
f
U.S.G.S. quadrangle map may be used.
copy
Copy of the deed showing ownership by the applicant, or a letter
from the property owner(s) if other than the applicant; and
Names and addresses of owners of record of land immediately
adjoining and within 200 feet of the proposed exemption, mineral
owners and lessees of mineral owners of record of the property to
be exempted, and tenants of any structure proposed for
conversion; and
`�• Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for yeachlot
created, method of sewage disposal, and letter of approval of
G.
-"-fire protection plan from appropriate fire district; and
If connection to a community or municipal water or sewer system
willingness to serve; and
is proposed, a letter from the
governing body stating a
H.
I. Narrative explaining why exemption is being requested; and
It shall be demonstrated that the
parcel existed as described on
January 1, 1973 or the omore than three parcel as it exists presently is one of
parcels created from a larger parcel as it
existed on January 1, 1973.
J. A $100.00 fee must be submitted with the application.
Petitioner
1429 Grand Avenue
Mailing Adress
Glenwood Springs, Co 81601
City --
_94_5-8626
Telephone Number
State
• •
1429 Grand Avenue #103, Glenwood Springs, CO 81601 TELEPHONE (303) 945-8626
lb Better
Homes J
NAMES AND ADDRESSES OF OWNERS OF RECORD OF LAND IMMEDIATELY ADJOINING
AND WITHIN 200 FEET.
1.) C. E. Axthlem Co. and E. R. Axthelm Co.
4262 Road 117
Glenwood Springs, CO 81601
2.) Mr. and Mrs. Toy Simon
4785 117 Road
Glenwood Springs, CO 81601
3.) Mr. and Mrs. Eugene Spear
5649 117 Road
Glenwood Springs, CO 81601
A
ti �, i Z `a a. .±.- ,n
C
•
•
4/86
95--Showalter-Norval complex, 15 to 25 percent slopes. This map
unit is on alluvial fans, high terraces, and valley sides. Elevation is
7,000 to 8,500 feet. The average annual precipitation is 14 to 16 inches,
the average annual air temperature is 42 to 44 degrees F, and the average
frost -free period is 80 to 90 days.
This unit is 45 percent Showalter very stony loam and 35 percent Norval
loam. The components of this unit are so intricately intermingled that it
was not practical to map them separately at the scale used. The Showalter
soils occupy convex parts of the landscape, and Nbrval soils are in more
concave positons.
Included in this unit are small areas of soils similar to this Morval
soil which have 30 to 50 percent cobble in the substratum. Included areas
make up about 20 percent of the total acreage.
The Showalter soil is deep and well drained. Ipercent gravel.
The surface layer is brown very stony loam 8 inches thick. The upper 3
inches of the subsoil is very cobbly clay loam. The lower 28 inches of the
subsoil is very cobbly clay. The substratum to a depth of 60 inches or more
is very cobbly clay loam.
Permeability of the Showalter soil is slow. Available water capacity
is moderate. Effective rooting depth is 60 inches or more. Runoff is
medium, and the hazard of water erosion is moderate.
The Mbrval soil is deep and well drained. It formed in alluvium
derived dominantly from basalt. Typically, the surface layer is brown loam
7 inches thick. The upper 12 inches of the subsoil is clay loam. The lower
4 inches is loam. The substratum to a depth of 60 inches is loam. The soil
is noncalcarc-o„s to of to
inches and c=1,-=reous below that depth.
• •
Permeability of the Norval soil is moderate. Available water capacity
is moderate. Effective rooting depth is 60 inches or more. Runoff is
medium, and the hazard of water erosion is slight.
This unit is used for rangeland, hayland, and homesite development.
The potential plant community on the Showalter soil is mainly bluebunch
wheatgrass, western wheatgrass, prairie junegrass, Indian ricegrass, true
mountainmahogany, antelope bitterbrush, Saskatoon serviceberry, and big
sagebrush. The average annual production of air-dry vegetation is about 900
pounds per acre. The potential plant community on the Norval soil is mainly
needleandthread, western wheatgrass, muttongrass, praire junegrass, and big
sagebrush. The average annual production of air-dry vegetation is about
1,500 pounds per acre.
If this unit is used for rangeland seeding or mechanical treatment, the
main limitation is stones on the surface of the Showalter component.
Management practices suitable for use on this soil are proper range use,
deferred grazing, rotation grazing, and aerial spraying for brush
management.
If this unit is used for hay and pasture, the main limitations are
stones on the surface, steep slopes, and slow permeability of the Showalter
soil. Grasses and legumes grow well if adequate fertilizer is used.
This unit is very poorly suited to homesite development. The main
limitations are slope, shrink -swell, and stones throughout the profile.
This map unit is in capability subclass VIe, nonirrigated. The
Showalter soil is in Loamy Slopes range site, and the Morval soil is in Deep
Loam range site.
•
35 E
•
4/86
18--Cochetopa-Antrobus association, 12 to 25 percent slopes. This
map unit is
The average
temperature
to 60 days.
on.mountainsides and fans.
annual precipitation is 18
is 36 to 38 degrees F, and
Elevation is 8,500 to 10,500 feet.
to 20 inches, the average annual air
the average frost -free period is 45
This unit is 45 percent Cochetopa loam and 35 percent Antrobus very
stony loam. The Cochetopa soil is on broad slightly concave sites, and the
Antrobus soil is on steeper convex slopes. The components of this unit are
so intricately intermingled that it was not practical to map them separately
at the scale used. Included in this unit are small areas of Forsey and
Jerry soils. Included areas make up about 20 percent of the total acreage.
The Cochetopa soil is deep and well drained. It formed in alluvium
derived dominantly from basalt. Typically, the upper part of the surface
layer is dark grayish brown loam about 3 inches thick. The lower part is
very dark grayish brown clay loam about 11 inches thick. The subsoil is
clay loam 24 inches thick. The substratum to a depth of 60 inches or more
is gravelly clay loam. The soil is noncalcareous to a depth of 40 to 60
inches and calcareous below that depth.
Permeabilty of the Cochetopa soil is slaw. Available water capacity is
moderate.
Effective rooting depth is 60 inches or more. Runoff is rapid,
and the hazard of water erosion is moderate.
The Antrobus soil is deep and well drained. It formed in alluvium and
colluvium derived dominantly from basalt. Typically, the surface is covered
with 12 to 15 percent stones and 25 percent cobble. The upper part of the
surface layer is dark grayish brown very stony loam about 8 inches thick.
The lower part is brown very stony loam about inches
5 t.,1Z 1Ck. LAC
underlying material to a depth of 6n inches or more is extremely stony low.
The soil is calcareous throughout the profile.
18--
• •
Permeability of the Antrobus soil is moderate. Available water
capacity is low. Effective rooting depth is 60 inches or more. Runoff is
rapid, and the hazard of water erosion is moderate. This unit is used for
rangeland and homesite development.
The potential plant community on the Cochetopa soil is mainly Thurber
fescue, bearded wheatgrass, Columbia needlegrass, mountain brome, and Idaho
fescue.
Western wheatgrass, mountain snowberry, geranium, and western yarrow
are also present in the potential plant community. Also included are small
areas of Aspen. The average annual production of air-dry vegetation is
about 2,800 pounds per acre. If the range condition deteriorates, Kentucky
bluegrass, geranium, Douglas rabbitbrush, and western yarrow increase.
The potential plant community on the Antrobus soil is mainly bluebunch
wheatgrass, needlegrasses, antelope bitterbrush, mountain big sagebrush, and
Saskatoon serviceberry. Other less numerous plants that characterize this
site are Douglas rabbitbrush and mountain snowberry. The average annual
production of air-dry vegetation is about 1,200 pounds per acre. If the
range condition deteriorates, mountain big sagebrush, Douglas rabbitbrush,
needlegrasses, and annual weeds increase.
The suitability of this unit for rangeland seeding is low. The main
limitations for seeding are steep slopes and stony surfaces. Management
practices suitable for use on this unit are proper range use, deferred
grazing, rotation grazing, and aerial spraying for brush management.
If this unit is used for homesite development, the main limitations are
high shrink -swell and stoniness. Buildings and roads should be designed to
offset the effects of shrinking and swelling.
This map unit is in capability subclass Vie, nonirrigated. The
Cochetopa Soil is in Subalpine Loam range,cite and the 4,ntrnb,.c soil is in
t=,ony Lcan rcange sita.
tea
Rev. 76
Applicati , must
be complfite where
applicable. Type or .
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
(.'i) APPLICANT-
COLORADO DIVISION OF WATER RESOURCES
818 Qentennial Bldg., 1313 Sherman St., Denver, Colorado 80203
•
• 6 \9871 (X) A PERMIT TO CONSTRUCT A WELL
° '+J FOR: ( ) A PERMIT TO INSTALL A PUMP
'1 .� ( ) REPLACEMENT FOR NO
ago . • , ( ) OTHER
'--� T ASE NO
fi; 1...1 1 � FOR OFFICE USE ONLY:
PERMIT APPLICATION FORM
( ) A PERMIT TO USE GROUND WATER
m 1'
NAME Arthur Wiessner
STREET 66 -70th Street
CITY Brooklyn
N.Y.
(State)
TELEPHONE NO 718-238-3398
11209
(Zip)
(2) LOCATION OF PROPOSED WELL
County Garfield
NE '/. of the NE Y., Section 9
Twp. 7 S Rng. 89 W
IN.SI IE.WI
6th P.M.
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm)
Average annual amount of ground water
to be appropriated (acre-feet)'
15
1.5
Number of acres to be irrigated: 0
Proposed total depth (feet): 60' - 80'
Aquifer ground water is to be obtained from:
Four Mile Drainage (gravel)
Owner's well designation _ ilrtip' c Wp11 Nn 1
GROUND WATER TO BE USED FOR;
(X) HOUSEHOLD USE ONLY - no irrigation (0)
( ) DOMESTIC (1) ( ) INDUSTRIAL (5)
( ) LIVESTOCK (2) ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
( ) OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name
Street
City
TBD(A Driller licensed in Colorado)
(State) (Zip)
Telephone No. _ Lic No.
Receipt No
%$'o8/
DO NOT WRITE IN. THIS COLUMN
Basin Dist.
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause
no material injury to existing wa er rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
2) APPROVED PURSUANT TO CRS . 37-92-602
(3)(b)(II) AS THE ONLY WELL ON A RESIDENTIAL
SITE OF 1.7..2.. ACRES DESCRIBED AS PAAT cF
SECTfoNS 14-10(4),
2) THE USE OF GROUNDWATER FROM THIS WELL IS LIMITED
TO ORDINARY HOUSEHOLD PURPOSES INSIDE A
SINGLE FAMILY DWELLING, AND SHALL NOT BE USED
OUTSIDE THE HOUSE FOR ANY PURPOSE.
3) THE RETURN FLOW FROM THE USE OF THE WELL
MUST BE THRU AN INDIVIDUAL WASTE WATER DISPOSAL
SYSTEM OF THE NON - EVAPORATIVE TYPE WHERE THE
WATER IS RETURNED TO THE SAME STREAM SYSTEM IN
WHICH THE WELL IS LOCATED. 'moi 277- 62- 7-e7
APPLICATION APPROVED
PERMIT NUMBER 1_4886
DATE ISSUED
. AUG 0 7 1987
EXPIRATION DATE
AUG 0 7 1989 ._.
(STATE ENGIJEER)
BY
I.D. s 3
COUNTY.
(5) THE LOCATION OF THE PROPOSED WELL and the area on
which the water will be used must be indicated on the diagram below.
Use the CENTER SECTION (1 section, 640 acres) for the well location.
�E 1 MILE, 5280 FEET
..L
+ + +
ECTION UNE
1
ecti o
1
i 9 1
— + —-
— -F — p,i
I
I
1
1
— ± — --
4--
— — -
1
I
SOUTH SECTION LINE
+ + 4
1
z
r
Z
(6) THE WELL MUST BE LOCATED 41eZeilV
by distances from section lines.
1 2A ft from North sec. tine
tnortb or south)
120 ft from East sec. tine
-}- (east or west)
LOT BLOCK FILING .
�` � `•Su�D.i'Vl�€i�•tir � � J
4- - — -� — -� — + — -I— — +
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
17) TRACT'ON.WHICH WELL WILL BE
LOCATED Ow.ner:_ ' WM navies Pt _ a1
No. of acres 1 - 77 Will this be
the only well on this tract? yes
(8) PROPOSED CASING PROGRAM
Plain Casing
7 in from n ft. to 5n ft
in from.
Perforated casing
—2— in from 60
ft to 75 . ft
in from ft to ft
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second (cfs) ... 449 gallons per minute (gpm)
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre-foot ... 43.560 cubic feet ... 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
(9) FOR REPLACEMENT WELLS give distance
and direction from old well and plans for plugging
it:
(10) LAND ON WHICH GROUND WATER WILL BE USED:
owner(s): Arthur Wiessner (By contract with WM Davies) No. of acres: 1.72
Legaldescription: Part of NE1 NE4, Sec 9 & NANWQ,Sec10,T7S, R89W,6th PM (See Exhibit)
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used.
IIrusehnld us?-nr►1y_ sQptir system_ for disposal
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right
Used for (purpose) Description of land on which used
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRUE THE BEST OF HIS KNOWLEDGE.
SNATURE OF APPLICANT SI
IG
Use additional sheets of paper if more space is required.
• •
• •
1429 Grand Avenue #103, Glenwood Springs, CO 81601 TELEPHONE (303) 945-8626
SOLD
COLUMBINE, REALTORS®
•� Netter
1u !I Homeso
June 30, 1988
Garfield County Commissioners
Garfield County Courthouse
109 8th Street
Glenwood Springs, CO 81601
Gentlemen:
Enclosed find the necessary documentation and information for
a subdivision exemption.
This parcel was inadvertently omitted from the original property
owned by the Davies family. Once their land was transferred,
this remaining parcel became an illegal lot. It was less than
the minimum lot size.
I have been working with a gentleman who wishes to own this
parcel and have been able to get an adjoining property owner
to agree to sell us enough additional land to create a legal
sized lot.
Thank you for your consideration of this matter.
Sincerely,
Kitty Clemenson
KC/kc
Enclosures
• •
,0ez-,
6-Irt --el'IA,, a72,0t-i- C-D-7ZZoidt
/ a-2t4(i,,e>41Zlia •1-tA >,'7
f7_4-2,te a,,,a / - i7/
/-efl_, taev/- GZ$Iett"1"- --'e--eopla-e. ,i2 e,A, cigyel
°- l7/ -t 51Xd
c'A 9s376
)1t,t,<_
E'�
ilAe./Z—/v.ea-47
• •
June 29, 1987
Mr. Mark Bean, Director
Garfield County Planning Department
109 8th Street - Suite 303
Glenwood Springs, CO 81601-3303
RE: Davies Property, Four Mile
Dear Mark:
o ECE VE1
JUN 29 1987
GARfIELO COUPITY
In February of 1974 I obtained an exemption to sell a 1.72 acre parcel
to Charles G. Davis, et. al. This tract was traded to Davies for an
access easement across land owned by Davies, said land adjoining 52.3
acres owned by my wife and I. I attach the exemption, copy of deed and
map.
You will note that the exemption provided no third party ownership was
to be created.
In May of 1974 Davies, et. al. sold all of the land adjoining the 1.72
acre parcel. I attach a copy of that deed. Originally all of the
Davies family business was handled by Charles Davies. Four or five
years ago Charles died so I have no explanation for the above. The re-
maining family members wish to sell the 1.72 acre tract and have listed
it with me. I have found a purchaser for the land if we can clear mat-
ters up.
I would request your opinion, in writing, of how to proceed and then if
possible a spot on the commissioners agenda at the earliest opportunity.
Sincerely,
(T---no
(1cVe.,,,T.-: ';
Patric(M. ,F tzgerald
Broker/Owner
Glenwood Brokers, Ltd.
PMF/lu
Glenwood Brokers, Ltd.
Hotel Colorado Suite 112 526 Pine Street Glenwood Springs Colorado 81601 303/945-6000
• •
RESOLUTION TO SENATE BILL - 35
WHEREAS, PATRICK M. FITZGERALD and MARILYN A. FITZGERALD have
petitioned The Board of County Commissioners of Garfield County,
Colorado, for an exemption under C.R.S. 106-2-33 (3) (d) (1963 as
amended) for the division of a 50 acre tract into 2 tracts, one of
52.3 acres and one of 1.7 acres, more or less, and more particularly
described as follows:
SEE ATTACHED EXHIBIT
WHEREAS, The Petitioners have shown to the satisfaction of The
Board of County Commissioners of Garfield County, Colorado that they
desire said exemption for the purpose of trading said land to gain an
access right-of-way and are not creating a third party ownership, nor
is the land being sold to a third party for residential or housing use,
and
WHEREAS, Petitioners havedemonstrated to the satisfaction of The
Board that neither the intent of Senate Bill -35 nor the rules and reg-
ulations of Garfield County nor the Colorado Department of Health will
be violated, and that the requested division is in accordance with the
intent of the subdivision regulations of the State of Colorado and County
of Garfield and its said housing division will actually restrict the
density of housing within said area and should therefore be exempted from
the definition of the terms "subdivision" and "subdivided land" as set
forth in C. R. S. 106-2-33 (3) (d) (1963 as amended);
by
NOW, THEREFORE, upon motion of
b),
and unanimously carried said acre
seconded
tract of land is hereby exempted from such definition and transfer of said
tract may be made by division into two tracts of 1.7 acres and 52.3 acres,
*
1 •
-2-
more-or
2-
moreor less, all as is more fully described in the Petition pertaining
hereto. A copy of the instrument or instruments of conveyance when
recorded shall be filed with this Resolution.
DATED this /fib day of `-c h,,, -Kg/., / 1974.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
* PROVIDED, That this exemption is limited in the following
respect: That the grantees named in the annexed warrantee
deed shall not reconvey or make dispositon of the said
1.72 acre parcel described therein separately from the
lands which they own contiguous thereto in a parcel con-
taining less than 35 acres or without first having been
granted an additional exemption for such a
conveyance or disposition.
A parcel of land situated in the NE4NE!4 of Section 9, and
in the NW4NW4 of Section 10, all in Township 7 South, Range
89 West of the Sixth Principal Meridian, lying Westerly of
the Westerly right of way line of the Four Mile County Road
as constructed and in place, said parcel of land is described
as follows:
Beginning at the Southeast Corner of said NE4NE4;
thence N. 89°46'05" W. 213.44 feet along the Southerly
line of said NE4NE4; thence N. 00°28'O1'W. '266.66 ..
feet; thence S. 89°46'05" E. 392.63 feet to a point on
the Westerly right of way line of said road; thence
S. 47°34'26"'W. 132.36 feet along the Westerly right
of way line of said road;thence 158.61 feet along the
arc of a curve to the left, having a radius of 177.61
feet, the chord of which bears: S. 21°59'26" W. 153.39
feet; thence S. 03°35'34" E. 34.47 feet along the West-
erly line of said road to a point on the Southerly line
of said NW4NW4; thence West 24.04 feet along the Southerly
line of said NW4NW4 to the Southwest Corner of said
NW4NW4, to the point of beginning, containing 1.72 acres,
more or less.
By acceptance of this nPPri
Recorded at •
o'clock M., 4111
Reception No
Recorder.
THIS DEED, Made this day of
between PATRICK M. FITZGERALD and
MARILYN A. FITZGERALD
,1973,
of the County of Garfield and State of Colorado,
of the first part, and WILLIAM H . DAVIES , LLEWELYN
DAVIES, CHARLES G. DAVIES, ADELINE E. CLEARY
and ALICE E. KUMMER,
XiKtfi4
)0/MICRO Xteal>SOWSfxedloIsW, of the second part:
WITNESSETH, That the said part ie S of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER VALUABLE CONSIDERATION =
to the said parti e s of the first part in hand paid by the said parti e S 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 part i e s of the second part, their
heirs and assigns forever, 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 parcel of land situated in the NE4NE4 of Section 9, and
in the NW4NW4 of Section 10, all in Township 7 South, Range
89 West of the Sixth Principal Meridian, lying Westerly of
the Westerly right of way line of the Four Mile County Road
as constructed and in place, said parcel of land is described
as follows:
Beginning at the Southeast Corner of said NE4NE4;
thence N. 89°46'05" W. 213.44 feet along the Southerly
line of said NE4NE4; thence N. 00°28'01"W. '266.66
feet; thence S. 89°46'05" E. 392.63 feet to a point on
the Westerly right of way line of said road; thence
S. 47°34'26"'W. 132.36 feet along the Westerly right
of way line of said road;ithence 158.61 feet along the
arc of a curve to the left, having a radius of 177.61
feet, the chord of which bears: S. 21°59'26" W. 153.39
feet; thence S. 03°35'34" E. 34.47 feet along the West-
erly line of said road to a point on the Southerly line
of said NW4NW4; thence West 24.04 feet along the Southerly
line of said NW4NW4 to the Southwest Corner of said
NW4NW4, to the point of beginning, containing 1.72 acres,
more or less.
By acceptance of this Deed parties of the second part hereby
give and grant to parties of the first part the first right
of refusal to purchase, or repurchase, the above described
property in the event that parties of the second part, their
heirs, executors or administrators should desire to sell the
same, and the purchase price therefor shall be determined by
two appraisers,/iBebe selected by first parties and the other
by second parties. If such appraisers cannot agree on such
price then they shall appoint a third appraiser and the decision
of a majority of such appraisers shall be binding on the parties.
First: ptlrt..i os :slh1].l. liavc' 60 clays a f Le_r, nobicc of such price
shall have been given by such appraisers to the parties hereto,
to purchase such property for the appraised value so determined
and upon failure of first parties to purchase the same within
such 60 day period, this first right of refusal shall become
null and void.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profita thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said part i e s of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 463. WARRANTY DEED—For Photographic Record. —Bradford Publishing Co., 1824-46 Stout Street. Denver. Colorado -9-72
s•
Recorded at.5"'/ o'clock..../..M., pg 11974 _�-:,457
Reception No
Recorder.
Tins DEED, Made this First day of April ,1974 ,
between PATRICK M. FITZGERALD and
MARILYN A. FITZGERALD
of the County of Garfield and State of Colorado,
ofthefirstpart,and WILLIAM H. DAVIES, LLEWELYN
DAVIES, CHARLES G. DAVIES, ADELINE E.•CLEARY
and ALICE E. KUMMER,
334w004c0 XAMI SCattOSIXGoldisi3K, of the second part:
WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER 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, ha ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm, unto the said part ies of the second part, their
heirs and assigns forever, 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 parcel of land situated in the NE4NE4 of Section 9, and
in the NANWo of Section 10, all in Township 7 South, Range
89 West of the Sixth Principal Meridian, lying Westerly of
the Westerly right of way line of the Four Mile County Road
as constructed and in place, said parcel of land is described
as follows:
Beginning at the Southeast Corner of said NE4NE4;
thence N. 89°46'05" W. 213.44 feet along the Southerly
line of said NE4NE4; thence N. 00°28'01 "'W. 266.66
feet; thence S. 89°46'05" E. 392.63 feet to a point on
the Westerly right of way line of said road; thence
`S. 47°34'26"'W. 132.36 feet along the Westerly right
of way line of said road; thence 158.61 feet along the
arc of a curve to the left, having a radius of 177.61
feet, the chord of which bears: S. 21°59'26" W. 153.39
feet; thence S. 03°35'34" E. 34.47 feet along the West-
erly line of said road to a point on the Southerly line
of said NW4NW4; thence West 24.04 feet along the Southerly
line of said NWANW4 to the Southwest Corner of said
NWANWA, to the point of beginning, containing 1.72 acres,
more or less. Also an easement described on Exhibit A.
By acceptance of this Deed parties of the second part hereby
give and grant to parties of the first part the first right
of refusal to purchase, or repurchase, the above described
property in the event that parties of the second part, their
heirs, executors or administrators should desire to sell the
same, and the purchase price therefor shall be determined by
two appraisers,/Bebe selected by first parties and the other
by second parties. If such appraisers cannot agree on such
price then they shall appoint a third appraiser and the decision
of a majority of such appraisers shall be binding on the parties.
First parties shall have 60 days after notice of such price
shall have been given by such appraisers to the parties hereto,
to purchase such property for the appraised value so determined
and upon failure of first parties to purchase the same within
such 60 day period, this first right of refusal shall become
null and void.
TOGETHER with all"and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining. and the reversion and reversions, remainder and remainders, relts, 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. 463. WARRANTY DEED—For Photographic Record. —Bradford Publishing Co., 152416 Stout Street, Denver. Colorado -9.72
1
•
•
Book 457 Page 314
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said art iesof the second part,thelrheira and assigns forever. And the said parties of the first part,
for tner ives,/ll , 3eecutors, ant administrators, do covenant, grant, bargain and agreo to and with
the said part iesof the second part, helrheirs and assigns, that at the time of the ensealing and delivery of
these presentsthey arewell 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 as aforesaid, and that the same are free and
clear from all former and other grants, bargains. sales, liens, taxes, assessments and encumbrances of whatever
kiwi or nature soever., except 1974 general property taxes, U. S. Patent
reservations and exceptions, governmental rules and regulations,
prior oil, gas and other mineral reservations and exceptions of
record, easements and rights of way of a public or private nature
.and Restrictive or Protective Covenants of_record:;_
and the above bargained premises in the quiet and peaceable possession of the said part i e s of the second part,
the i rheirs 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
and seal s the day and year first above written.
Signed, sealed and Delivered in the Presence of
O'( r1� i' 1'
•
P W $ \C' : L `STATE OF COLORADO,
Iss.
hereunto settheirhand S
County of Garfield
........ `The Sbregotng instrument was aclmowledged before me this First day of ADrI 1
,1s,,,�p by PATRICK M. FITZGERALD and MARILYN A. FITZGERALD.
z
My commission expires 7 Ja nuary
0
F
(SEAL]
, 19 78 . Witness my band and official Beal.
STATE OF COLORADO,
•
N
d
b.ofrr Publla
EXHIBIT A
A strip of land being 60 feet in width to be used as a non-exclusive road
and utility easement situated in Lot 1 of Section 9, and in Lot 1 of
Section 10, all in Township 7 South, Range 89 West of the Sixth Principal
Meridian, being 30 feet in width on each side of the following described
centerline:
Beginning at a point on the Northerly line of Lot 1, in said Section 9,
whence the Northeast Corner of said Lot 1 bears: S. 89046'05" E. 106.43
feet; thence along said centerline S. 01°00'57" W. 126.79 feet; thence
50.68 feet along the arc of a curve to the right, having a radius of 81.51
feet, the chord of which bears: S. 71°10'19" E. 49.87 feet; thence
S. 53021'35" E. 112.29 feet; thence 67.57 feet along the arc of a curve
to the 'eft, having a radius of 105.02 feet, the chord of which bears:
S. 71°47'30" E. 66.41 feet, more or less, to a point on the Westerly right-
of-way line of the Four Mile County Road as constructed and in place.
CHARLES G. DAVIES, WILLIAM H. DAVIES,
LLEWELYN DAVIES, ADELINE E.• CLEARY,
and ALICE E. • KUMNER,
whose address is -
County of , State of
, for the consideration of Ten
Dollars and other good and valuable considerati
dolbIr, in hand paid, hereby sell (s) and convey (s) to
WILLIAM H. NELSON
whose address is 444 White Avenue,
Mes a
, and State of Colorado
County of
the following real property in the
County of Garf ie ld , and State of Colorado, to wit:
Section 9, Township 7 South, Range 89 West, 6th P.M.:
• Lot 1 an P: r =o. the NW*SEi;, together with all mineral
rightand all improvements now situated on the property,
TOGETHER WITH all water, water rights, ditch and ditch rights, spring
and pipeline rights, ,appurtenant to the above described property.
EXCEPTING THEREFROM. a tract of land conveyed to Herman Doose by Quit
Clain Deed dated January 23, 1946 and recorded in office of Clerk .ark
Recorder of Garfield County, Colorado as Document No. 156638 in Book
217 at Page 235 thereof, described as follows, to wit: Lots 4 and 6,
Section 9 Township 7 South, Range 89 West, 6th P.M. and that part of
the NW*SE , Section 9, Township 7 South, Range 89 West, 6th P.M.,
lying South and Southeast of a line extended from a point 100 feet
South of the Northeast corner of said NW'SE4j Southwesterly to a poir
100 feet North of the Southwest corner of said NW*SE*, said Section
9, containing 27.38 acres, more or less.
OPANTORS PESFAVE to themselves a right to .receive 1/2 of landowneris
share of any .royalty payable by reason of the extraction of oil,
coal or other minerals from the dabove described property; each of the
above named grantors shall have an undivided 1/5th interest in such
reserved royalty interest; provided, however, grantors convey all
rights to participate in any respect in the management, leasing or
other proprietorship in such minerals, their rights being solely litn:
to receive royalty, if,as and when production actually occurs on the
with all its appurtenances, and warrant(s) the title to the same, subject to property.
easements, restrictions and prior mineral reservations of
record (if any) and 1974 taxes payable in 1975 and all subsequent
taxes and special assessments.
/ Pecorclerl at. _�— o'clock..s1., M. -
(
.C)1)isl,`�'� �-� lr.:ti `n:~: rcc_ption
7 /I
�...RccGrder.
,. igt d t�i •/ 20 day of - May , 19 4+e (
'A: ,.- � � it /,/,//ii c J�,.✓ .� —�
"'"'Acle[ ine ""E ezc_a
il�l4iesD
STATE OF COLORADO,
•
ss.
County of Garfield
A I"ic e E. Kummer
The foregoing instrument was acknowledged before me this
20
Gc
day of May ,1974 ,by Charles G. Davies, William H. Davies,
Llewelyn Davies, Adeline E. Cleary, Alice E. Kummer
.aa''`b%�ilcm;nission expires 7 January 1978
'.....`:\..1-;;�".i}'iti &' my hand and official seal. r
Notary Public
_ , LJ
Stafu•rrry Aokaju,-:rdjma•ret.—If by natural person or persons hero tnr,ert name or annus; if by per+on acting In rcprt`serttative or
official cr.p::clt_v.or as attorney-in-fact then Insert name of person as executor attorney -la -Curt or other capacity or de:;crlp-
.tloct•e ( er of corporation then Insert name of such officer or officers av the president or other officers of such cor-
poratlori.naming It.
No. 897. Warranty 1),--,d—Short Foran—Sec. 118-1-13, CALS. 1963-1.3radford Publishing Co., 13'4.46 Stout Street, Denver, Colorado -4.73
t
ted
—'1
EXHIBIT A
A parcel of land situated in the NF NNE4 of Section 9, and in the NW5i W 33( of
Section 10, all in Township 7 South, Range 89 West of the Sixth Principal
Meridian, lying westerly of the westerly right-of-way line of the Four Mile -
County Road as constructed and in place, said parcel of land is described as
follows:
Beginning at the Southeast Corner of said NE N ; thence N.89°46'05"W. 259.48
feet along the southerly line of said NE3a1B1%; thence N.00°28'01"W. 266.66 feet;
thence S.89°46'05"E. 438.68 feet to a point on the westerly right-of-way line
of said road; thence S.47°34'26"W. 132.36 feet along the westerly right-of-way
line of said road; thence 158.61 feet along the arc of a curve to the left,
having a radius of 177.61 feet, the chord of which bears: S.21°59'26"W. 153.39
feet; thence S.03°35'34"E. 34.47 feet along the westerly line of said road to a
point on the southerly line of said NW4NW4; thence West 24.04 feet along the
southerly line of said NW501W% to the Southwest Corner of said NW3.NG14, to the
point of beginning, containing 2.001 acres, more or less.
•
DAVIES PROPERTY DESCRIPTION FOR LOT BOUNDARY ADJUSTMENT
A parcel of land situated in the N NNE4 of Section 9, and in the NW54NWX of
Section 10, all in Township 7 South, Range 89 West of the Sixth Principal
Meridian, lying wczterly of the westerly right-of-way line of the Four Mile
County Road as constructed and in place, said parcel of land is described as
follows:
Beginning at the Southeast Corner of said NE NE%; thence N.89°46'05"W. 259.48
feet along the southerly line of said NE' E; thence N.00°28'01"W. 266.66 feet;
thence 5.89°46'05"E. 438.68 feet to a point on the westerly right-of-way line
of said road; thence S.47°34'26"W. 132.36 feet along the westerly right-of-way
line of said road; thence 158.61 feet along the arc of a curve to the left,
having a radius of 177.61 feet, the chord of which bears: S.21°59'26"W. 153.39
feet; thence 5.03°35'34"E. 34.47 feet along the westerly line of said road to a
point on the southerly line of said NW WU; thence West 24.04 feet along the
southerly line of said NWNW54 to the Southwest Corner of said N4 NWk, to the
point of beginning, containing 2.001 acres, more or less.
