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HomeMy WebLinkAbout1.0 Application•IS BEFORE THE BOARD OF COUNTYCOMMISSIONi .tS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned J is / ge v4 ✓ R / '( v T 8 d YiS respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of acre tract of land into oP-- tracts of approximately _ /L . ' 3 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: SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information: A. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; B. Vicinity map at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees ofmineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community of municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted with the a .plication. AA CLL 417ti Toner 1 Mailing A, dress City State 303 q&3 Telephone Number EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; and E. All state and local environmental health and safety requirements have been met or are in the process of being met; and F. Provision has been made for any required road or storm drainage improvements; and G. Fire protection has been approved by the appropriate fire district; and H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. (The School Impact Fee is $200.00 for each new lot created). PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Department of DevelopmentlPlanning Division. Two (2) copies of the application maps and supplemental information shall be submitted. B. The Planning Division shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. the exemption site shall be posted clearly and conspicuously visible from a public right-of- way with notice signs provided by the Planning Division. All notices shall be mailed at least fifteen (15) and not more than thirty (3o) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedure in these regulations. 76 Application must be complete where applicable. Type or print in BLAgA INK. No overstrikes or erasures unless Initialed. COLORADO DIVISION OF WATER RESOUPCr 818 C I Bldg., 1313 Sherman St., Denver, Color PERMIT APPLICATION FORM A PERMIT TO USE GROUND WATER A PERMIT TO CONSTRUCT A WELL FOR: ) A PERMIT TO INSTALL A PUMP (1) APPLICANT - mailing address dEff -r NAME ) REPLACEMENT FOR NO OTHER WATER COURT CASE NO 03 riii --rte; r-ir-- JUL 2 4 1992 ' R AFIELD COUNTY STREETA 1D 3 amie- h�E CITY C ��ARA OA [S.4L 4_��,. �.B�D.4/p A q I(S(S att l (zip) 2.623 TELEPHONE NO. 63-'44413 (2) LOCATION OF PROPOSED WELL eiPcounty 14/4F/k---AS S '4 of the Twp.. 7 S, Rng. IN.SI SU 73 1(Section :3,5"' (-l�L' . P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water / to be appropriated (acre-feet): ��3 P -kE FOOT' Number of acres to be irrigated: Proposed total depth (feet): -419a." g'L) Aquifer ground water Is to be obtained from: t O Owner's well designation GROUND WATER TO BE USED FOR; HOUSEHOLD USE ONLY DOMESTIC (1) 1 ) LIVESTOCK (2) ( ) COMMERCIAL (4) • no irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) ( 1 OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Street City ( xc' — c e(' (Stale) (ZIp) Lic, No, Telephone No. FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No / Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water 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. _APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I.D. COUNTY (5) THE LOCATION OF THE PRO ED WELL and the area on which the water will be used must I cated on the diagram below. Use the CENTER SECTION (1 sectio.., 640 acres) for the well location. -—)—-+—-----+--f--�-_{ !4— •--• • 1 MILE, 5280 FEET The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. -i- (6) THE V" MUST BE LOCATED BELOW, by dist .roin section lines. �/ .0 C7 LOT from ft from Sou tw (north or south) sec. line tAff % sec line (east or west) BLOCK FILING w SUBDIVISION (7) TRACT ON WHICH WALL WILL BE LOCATED No. of acres Owl er: ir>•ir:..i:i 3. 7 w . .. the only well on this tract? Y/ES (8) PROPOSED CASING PROGRAM Plain Casing >! / T /! in from ft to ft in from ft to ft Perforated casing 6 in from 6 0 ft to 8 0 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 Ids) ... 449 gallons per minute Igpm) 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 givedistance and direction from old well and plans for plugging • it: (10) LAND ON WHICH GROUND WATER WILL BE USED; �.i Owner(s): 8L5Y,JEf'f,Er� L/ T ti A/7ii >,,9,e61._, 0,9 Y�- No. of acres•.2•e 7 Legal description. Sr' e �`�!� r' l� [' �/ �'X 1i b - f !TI (11) DETAILED DESCRIPTION of the use of gfound water: Household use and domestic wells must Indicate type of disposal system to be used. /14/./.Sik)96/ 115 L. Ort lj— I✓a c ^ • s".„7 h o C s.t c c - ;� / S /o 2— )j 4/ Al 6 I S /Jr/e_d 3 ST it-/ 7-6 41 Z S€ 6 - (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right ND�v� Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. 1 /11l t (11- et_ t• c c'I SIGNATOR OF APPL ICA TIS( Use additional sheets of paper if more space is required. NUHTIi SECTION LINE J 2 O . , ll W• N 4 Ai I — ^--- I+— I — I O Z r m SOUTH SECTION LINE The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. -i- (6) THE V" MUST BE LOCATED BELOW, by dist .roin section lines. �/ .0 C7 LOT from ft from Sou tw (north or south) sec. line tAff % sec line (east or west) BLOCK FILING w SUBDIVISION (7) TRACT ON WHICH WALL WILL BE LOCATED No. of acres Owl er: ir>•ir:..i:i 3. 7 w . .. the only well on this tract? Y/ES (8) PROPOSED CASING PROGRAM Plain Casing >! / T /! in from ft to ft in from ft to ft Perforated casing 6 in from 6 0 ft to 8 0 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 Ids) ... 449 gallons per minute Igpm) 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 givedistance and direction from old well and plans for plugging • it: (10) LAND ON WHICH GROUND WATER WILL BE USED; �.i Owner(s): 8L5Y,JEf'f,Er� L/ T ti A/7ii >,,9,e61._, 0,9 Y�- No. of acres•.2•e 7 Legal description. Sr' e �`�!� r' l� [' �/ �'X 1i b - f !TI (11) DETAILED DESCRIPTION of the use of gfound water: Household use and domestic wells must Indicate type of disposal system to be used. /14/./.Sik)96/ 115 L. Ort lj— I✓a c ^ • s".„7 h o C s.t c c - ;� / S /o 2— )j 4/ Al 6 I S /Jr/e_d 3 ST it-/ 7-6 41 Z S€ 6 - (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right ND�v� Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. 1 /11l t (11- et_ t• c c'I SIGNATOR OF APPL ICA TIS( Use additional sheets of paper if more space is required. bAtA POW flOU btttt1MIIlA lot1 likti lob I hold Investlgelor(4) eAz4 ohri.So bale' 6130 / Z Project/SHe: E7"1 o ei1 • – State! CU County. G (�r AppllcnnVowner:.j C -FF b'Oq TOY Plant Conimunity 11/1•1amo: g1j'4/'-1 /9,-) 5 /1�(A? NOW f1 dr- more detailed site description Is nocessary, Use the back of data form or A field notebook. I)o normal emlronmenial condltloni exist al the plant corntntirtrly? Yet ✓ No (If no, explain on bacl) Mee the vegetation, lolls, and/or hydrology boon significantly dlstutbed? Yea Nd 1.../111 ye4, explain on back) bominent Plant Speclet Indicator V�d�tAtlo11 StatUM Stra(tirri bornirtint Plant Speclos Indicator- StatuM Stratum I .. Q VI S 6-7v,r- s i' F, -' /- 1 I. , porvC. Chs 4r' 97'Fvz/g f79 -c_ T 12 1. S T� 0 on 1,0 _fig_ c- —EL 1J 4. 11 114 ,er .1-�1 _ N 1.4. . ?iw''Lis Nr fa 15. ti. A cj,L r_—_s.1 -±, v r' 10 7.5pV»•�/L r`rC, Pd5 9 3v,f F-4641 5 17. ti. Y__-5/4 Li Y se Frrc w id 0. _r22_N t � r.s �P i, C_42'. s 19 io. 20 Percent of dominant spodoe that are obL, t'ACW, anchor f'AC 6 Z r S h the hydrophytic vegetation criterion mel? Yet t/ No hallonalo• solLs Serlos/plraso: /er7O—_f.�-J LITY'rr-:-' 1 -- 6`j70 SuroUpp.2 Is the sot) on the hydric colts list? Yes ✓ No ' Undotorminod k the loll d Fttstosol? Yet No c/ I Ilatkc oplpedon presonti Yoe No G.--- It <bt the sdll: Mottled? Yes 'Jo v' C3loyed? Yo4 No e_..---- Matrix /Matrix Color: i �/t--- 311 Moltlo Colors. Othor hydric soli Indicators: Is the hydric soil criterion mot? Yes No _— IyatIonalo: 11YbhOLocY Is lite ground tdrtace Inundated? Yos �o r--- StJtlaco water depth' ' le Ifni toll taturatod? Yea No bnpth to tree -standing water In pit/soll probe holo. Nd f>< z o' List other lleld evidence of surface lriUndatIon or soil saturation. I, Olt wetland hydrotoc)y criterion mot? Yes No �-.--- hatlonato! ,JtJhlsblclIoNAL bf✓iEhkiINATtoti AHD uA11oNALS Is the plant community a wetland? Yes No Rationale for jurisdictional docislon• 1 tins data form can bo used for the I lydrlc Soil Assessmont Procoduro and the Plant Community Atiosament Procodurn. i CfassifkalIon according to 'Soil Taxonomy.' N-2 Page 384 Recorded M •io o'clock P Id., May {3 14, Reception No 197677 .GhaS .....S...A'" E,atl. THIS DEED, Made this 8th day of May in the year of our Lord one thousand nine hundred and f if ty-seven between CHARLES WEAKLINI; and GWENI)OLYN WEAKLINE of the County of Garfield and State of Colorado, of the first part, and H. A. DEANE and LOUISE GL0VE9 DEANE, in joint tenancy Recorder. RECORDER'S STAMP of the County of Garfield and State of Colorado, of the second part: WITHE88 T1i. that the said part les of the first part, for and in consideration of the sunt of Ten Dollars and other good and valuable consideration ADOITilifttIOS. to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy In common but In Joint tenancy, all the following described tote or parcel 8 of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: Lots 5, 6 and that part of Lots 3, 4 ae?�inninp. at a �• Sr and 10, described as follows: point 50 feet South of the NW corner of the ranch form.;rly owned by John Leonhar:ly and running North along said ranch i1n^ And said line extended 2135 feet; thence W. 200` feet; thence 0outt7 21j feet; thence East 200 feet; to the place of beginning, said tract containing 9.87 acres more or less all of aforesaid lands b�'ini in Sec. 1 . 35, p. 7, S. , R. f;y W. , 6th P.M. , there is also conveyed, all ditch and ditch rights, water and water rights used on or in connection with said above lands, including therewith (but Dot limited thereby) an undivided 9/10ths interest in and to the Seaae Enlargement of the Slough Ditch and Banning Lateral, taking water from the "oaring Fork River, in Water District No. 38tor th a like interest in and to the water rights decreed to, saidetheDitchl,isaid writer being a 9/10th ipterest In an-? to 4 .3 cu. ft. of seconl of time. Together with all improvements situatewater thereon.• There Is excepted and reserved from the above, that part of above lot 6, hereto conveyed to Albert Biggs unci Imola Biggs, by deed dated November 17, 1936, and of record andRecorder of Garfield county, rlc- 1 in the office of the Clerk 4185 at 0). There is also exceptedher•efromr•one- halfColoadoInbofkall oil,page gas and other minerals, which were reserved In deed recorded in book 245 at page 61 of the records of the County Clerk and Recorder of Garfield County. al.11:1€ Tw.vy ■rry ✓wrrt,cp ru inc rA7an ryJ!! - •• 4. SEAL] 1111+T1: OF COLORADO, ►tri,Irr• county of Garfield ''M► The foregoing Instrument was acknowledged before me this 8th 19 57 . by Charles Weak]. ine and Gwendolyn Weakl ins • of May My co,nmissioa expires • t.a�� •I y� `� •; } y „ ..ttle/1f1, 1 Tomenta, rd•nubinrr/n PIR, oo.. Mfrr. Rohlnrnn's rwfnl Blesks,_:.. _.._._..._.. u% •r M.1�,. % hers lured 'morn or names • I 11q1.4 o fl! �.• L --e •r lrnt'•nr rn nrr••utor, nr ' f by person arl!'[ In III ;.r'lall,e or 011119.1 B,ll.fine �r•Iwod. %��t%A 1 trofrn r•fl„I1rrn �.i:'rtr.:rs. n:. Ih.. �'rrno�•.il•f� �ri�. rlbnr c'rr•.IIIJ ur r7�rtrh•Ilun; If lr,•t !c�lr r,^ nt i �''�. r•r•. 1111 �_ '' . .. ,.., 'r'•"11 'n .,l• .r f�ln.► .,r .. . r / , , 19 4 /Witness my hand and official real. EXHIBIT "1" Hot.rr Pabll�. • 111 IT • I;l i .ill , A PARCEL OF LAND SITUATED IN A PORTION OF LOTS 6, 7, 8 AND 18, SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH ; PRINCIPAL MERIDIAN, SAID PARCEL BEING MORE PARTICULARLY 1f1 • DESCRIBED A8 • FOLLOWS t • PARCEL A THAT PART OF LOT 16, SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF TIIE SIXTH PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTHERLY BANK OF TIIE ROARING FORK RIVER AS SURVEYED MARCH 29, 1951 AND MORE FULLY DESCRIBED AS FOLLOWSt BEGINNING AT A POINT ON SAID SOUTHERLY BANK OF THE ROARING FORK RIVER WHENCE TIIE SOUTHEAST CORNER OF SAID LOT 18 BEARS SOUTH 45 FEET; THENCE SOUTH 45 FEET • TO THE SOUTHEAST CORNER OF LOT 18; THENCE S. 89 DEGREES 10' W. 811.8 FEET ALONG THE SOUTH LINE OF SAID LOT 18 TO THE SOUTHWEST CORNER OF SAID LOT 18; THENCE NORTH 419.8 FEET ALONG TIIE WEST LINE OF LOT 18 TO TIIE - -- ... SOUTHERLY BANK OF THE ROARING FORK RIVER] ----------- THENCE 8. 80 DEGREES 51' E. 163.9 FEET ALONG THE SOUTHERLY BANK OF THE ROARING FORK RIVER; THENCE H. 86 DEGREES 28' E. 89.2 FEET ALONG THE SOUTHERLY BANK OF THE ROARING FORK RIVER; THENCE S. 46 DEGREES 12' E. 319.7 ALONG THE SOUTHERLY BANK OF THE ROARING FORK RIVER; THENCE 8. 66 DEGREES 59/ E. 358.6 FEET ALONG THE SOUTHERLY BANK OF THE ROARING FORK RIVER TO THE POINT OF BEGINNING. PARCEL B THAT PART OF LOT 6, SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED BY METES AND BOUNDS AS FOLLOWSI BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 6; THENCE NORTH ALONG THE EAST BOUNDARY LINE TO THE NORTHEAST CORNER OF SAID LOT; THENCE WESTERLY'ALONG THE NORTH BOUNDARY OF SAID LOT, 430 FEET; THENCE SOUTHERLY AND PARALLEL OF THE EAST BOUNDARY LINE OF SAID LOT TO A POINT ON THE SOUTH BOUNDARY LINE THEREOF 430 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT; THENCE EASTERLY ALONG THE SOUTH BOUNDARY LINE OF SAID LOT, 430 FEET TO THE PLACE OF BEGINNING. TOGETHER WITH RIGHT OF WAY ALONG THE ROADWAY AS CONSTRUCTED AND IN USE ACROSS THE EASTERLY SIDE OF LOT 4 AND ACROSS THE SOUTHERLY SIDE OF LOTS 5 AND 6, SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AS CONVEYED IN THAT CERTAIN INSTRUMENT, RECORDED AS DOCUMENT NO. 232482 IN BOOK 371 AT PAGE 340 OF TIIE GARFIELD COUNTY RECORDS, AND FURTHER CONVEYED IN DOCUMENT NO. 234688 IN BOOK 376 AT PAGE 263 OF THE GARFIELD COUNTY RECORDS. PARCEL C f1i (ALL BEARINGS ARE BASED ON A BEARING OF N. 00 DEGREES 29' 05" W. BETWEEN THE WITNESS CORNER TO THE SOUTHEAST CORNER OF SAID SECTION 35 AND THE NORTHEAST CORNER OF SAID SECTION 35.) COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 18 (WHENCE THE WITNNESS CORNER TO THE SOUTH QUARTER CORNER OF SAID SECTION 35 BEARS S. 45 DEGREES 46., 49" E. 3719.95 FEET), A REBAR AND CAP L.8. #19598 IN PLACE; THENCE N. 88 DEGREES 56' 13" W. 107.94 FEET TO A FENCE CORNER I11 PLACE, THE TRUE POINT OF BEGINNING; THENCE S. 87 DEGREES 56' 50" W. ALONG AN EXISTING FENCE LINE, 700.51 FEET; THENCE CONTINUING ALONG SAID FENCE, N. 39 DEGREES 05' 41" W. 40.99 FEET; THENCE CONTINUING ALONG SAID FENCE, N. 88 DEGREES 42' 51" W. 416.18 FEET; THENCE LEAVING SAID FENCE, N. 00 DEGREES 19, 53" W. 5.13 FEET TO THE SOUTHWEST CORNER OF PARCEL NO. 2 OF RECEPTION No. 372300; THENCE 8. 88 DEGREES 56' 13" E. ALONG THE SOUTHERLY LINE OF SAID PARCEL NO. 2 AND THE SOUTHERLY LINE OF PARCEL NO. ]. OF SAID RECEPTION NO. 372300, 1142.20 FEET TO THE TRUE POINT OF BEGINNING. ALL IN THE COUNTY OF GARFIELD STATE OF COLORADO EXHIBIT "2" }'fled tor record the -• • at��� 4V ~ 4.�� hoer orNi ..-r� r „ FjAl�iI�., 10515_, .64Iac�.p. •-- ZIrtiirS ebb. Made this 29th. .. tts:►nc� OM hundred daq of dctober oho Iho !g:}�sn���+:�;,.��ac,3a�1•,.tied and sfxtY-,five between ' ut the County ot 1ll$P Get Girl fele and State of Colorado, Of the first • rltCllAt pari; and in the year• of our bo t, a. ItAVElt and MA8>:t, A,, IiAVSY ' of the County ot Garfield and State of•Colorado, of the second a i1'llnesseth► That the said part one bollar and other y o¢ the first a rt, >, Id the said part Y good and valuable considerationslit of the sum of bee Co or the first Mart hi - :. - �y rte a Yn itcor th aged, d bald by the said parties of the seconda x�.,, to hereby rete sge ell ati ; remised, released, part thereceipt� tenaricq; d• rpowl edge ha II o_• re eas , 0old an re whereof l 4 tie su eij o 'them, then• nyse parOesl bf, d'tt, noL In ed, and aY.tbesl3 n but �n} described lot finis and the second of htiCh _wort; . r, • � ,. or parcel of land, situate j the heir; and asst y In co.nmo but lig n State o► Colorado, lying and beltof such survivors forever, all the following t , lo.wll: g in the County of Ger£ield * . The eelsetneti and at,d nuse emen > d right .O 14dy . 4i.dtig e: ro . • d side l;aabet-� b sd�ay as • , de eel cree •he y side al. tot.4"1tnd •scrossethe Southerind 6th l'.M. O i : Sdctioti 15•, Townshipy used aa ' a melitis of , ift tees and 1 sputo % .henge• p88e West of seoond � parties located in • bots 6 and •• gof said c nperty as described In the taarranLy •heeds recorded of too. Section2t 15 422 and hook 266 at Page 37tl in took 2�• rec orris; ; and said E Page of th4 Garfield Count 2 at Page re •eat t rihed sn d easement :: a f 'Colorepa being accost# the lands ��. bdideadd becorda• PageS84 bF.gaid Ga d irst �r y Said easement , . •' r�i�1 �CoiintYi • meat s#taii,e Said easemen tna used ate •a. private roadwa of the y y be dedicated to a . public Use.. b` temutual parties then entitled to the use thereoii A providing) howevet-s shall be used Y the tnutuai agreement jointly by the •parties hereto Also said easement . ., .�..:_. � their Pei rs and assigns. to tiave had to Hold the Same, Together With all and singular'' .' • 1;don�ng or In hn katet girt Y ywlse thereunto ame, t lainthe appurtenances and privilegesthereunto er of n • !► and all the estate, right, title, interest and claim whatsoever of the ot` the Second of the first Bart, either in lay► bt• bqutty, to the only proper ase, benefit and behoof of the said barites day 1 d year first oboe written. sate pati ,y g"s site the heirs and usstgris of said burvtvnt'g inrevcr. fife , and yeah first agave adof the lirnt n Sighed, Sealed and bell erect In the Presence of h Pct t4 • I`Ot` ""td Oct hot- Land and seal ri :;_.__..__ �_.:- _. ., ..StAlt✓ OP COLORA1)0,. •.t.`ounty ot Pttkiti }ss. • . Pijkin resatd, do hetet•.._ •...... _ ° N°tary #'tibi't; lit and for • y cot tOUISt ctOVER County�PEANt3 In the State afo t;{' Y that who is lorsonalli� known to me 6 ha the person whose before the this day In pbtgoii, and Acknoivtedged that is 'itenatne ed writing an het tree and voluntary act, for the rises and psigned ""-1, this 7a ' ' Purposed ............. ......... N -but wad - ;Nu_n►Y Piit,tic t'rinttn nn4 C $tattonei* o •+ ,,- •, Colorado sntlntEl, G►18iidd ,,!•' ;j, i.: :};i'".r I;X11IBIT "3" 1 3j /2y/19oz_ $-7) z -t3 z_o y2/yo2- 0,}1> z/5 0oG6$ /(VV -Ye. 142 Gv D Ank4, C `/..5 () /1 S(") Y 1) ' S /F/L0l/'K2rc1' eil / et/ T/1Z- CPX Eie'f}EY ,tomb 777-e. (,/S 0/604rvi F. SEA5E 2 -TS Slee 3 5 - S (4). /? . sE s C_oTS 5 6 S -% - 6 4-A—c7 N & ►2— hrA TE _ Gr A n -/7/V E e to 5 S t- 7 -SF ors (5ct 6 3s -7 - GS 11 , L „ iii/ -4)/v 4L/3c-yz 7 7i&6S ,NP GARFELD COUNTY E 1/30' G'r (o '3 5- 7- 80 31 w A-v1.T (6c -s AivCiA„6,t - —b/cGS (2.( %14. . ANQ r%RS. 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(IA -vett ALL Lbs / 3S of , i v t, j/ 35-- 7 - 4- S V\- . 041A Lfv£] (<o/3 , LoivC!, LOTS / Z t /f' Ts - 7- b8 T40/sz� � jC �00c , c�Aco50N 7-1(9 (a -TS 1 z lS ss- —f>g (17-S fttz-7 lid 7S-,c,�y \ J �1c�F5conS ,Vtve-ie 1F1E J zNc . 3/z`i/(c7z LvTS li Z z IS SS--2-FE T.4,06cQ J/V5//p 1.nrc. , 2 -5C, L{ 01 77-/d- Pa v1W ,Q-)' *414.Nr-, Fa vz ) TA/c_ i-z/ll/l97z leis / z7/f, 3S-7 -G-'.' • • STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 GAR-it=LD LuuN_TY October 13, 1994 RE: Boyd Subdivision Exemption Section 35, T7S, R88W, 6th P.M. Water Division 5, Water District 38 Dear Mr. Michaelson, Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer We are in receipt of your subdivision exemption referral for a 19 acre tract located east of the Town of Carbondale, Colorado. The applicant is proposing to split this tract into three parcels of approximately 9, 7, and 4 acres. Individual wells are proposed as the water supply for each of the parcels. The Colorado River system and its tributaries at this location are over -appropriated. As such, well permits applications in new subdivisions must be evaluated to determine if other water rights would be injured considering the cumulative effect of all proposed wells. It is likely that in many circumstances well permits could not be issued by our office without a water court approved plan for augmentation. However, under current statutes, if the Garfield Board of County Commissioners approves this split by exemption as defined in Section 30-28-101(10)(d) C.R.S., our office must evaluate the well permit applications as if the division of land occurred prior to June 1, 1972. Under current laws, Section 37-92-602(3)(b)(II)(A) C.R.S., and hydrologic conditions, it appears that our office could in this circumstance approve well permits for the subject tracts for ordinary household purposes inside a single-family dwelling provided that the well would be the only well on the individual parcel, return flows would be to the same stream system in which the wells are located via non -evaporative disposal systems, and that evidence is submitted showing that the County has approved the parcel as an exemption. Absolutely no outside uses, including irrigation and the watering of animals, are allowed under this type of permit. Should an existing well be located on the tracts, our office may require that the well permit be amended to reflect the subject changes in the property status. Please note that the well permit application noted in this referral is dated July 24, 1992. The application was sent back to Jeff and Judy Boyd in 1992 for additional information. The application was never resubmitted to our office. • • Mr. Dave Michaelson, Planner Page 2 October 13, 1994 Should you have any questions regarding the water supply for this project, please contact David Fox of this office. Sincerely, David J. Fox Professional Engineer DJF/df cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner • • SCHENK, KERST & deWINTER, P.C. ATTORNEYS AT LAW SUITE 310, 302 EIGHTH STREET GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (303) 945-2447 TELECOPIER: (303) 945-2977 JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III September 15, 1994 Judy Carol Day and Jeffrey T. Boyd 0875 Rose Lane Carbondaie, CO 81623 Re: Access Easement J 6.1994. GARFiELD COUNTY Sent Via Regular Mail and Certified Mail Return Receipt No. P 317 382 995 Dear Ms. Day and Mr. Boyd: Buck Deane called on this date to advise me that someone apparently under your control and at your direction has began to clear foliage along the sides of the access easement which crosses the Deane property. This action has been taken on a unilateral basis without any consultation with Mr. Deane whatsoever. As you know, the Deane Estate is also the co-owner of the easement as well as the only owner of the lands adjacent to the easement. As such, Mr. Deane should be consulted prior to any maintenance or other surface activities on this easement (other than customary access uses). This unilateral action could be unhelpful in establishing an amicable basis for resolution of access concerns expressed to the Board of County Commissioners on September 6, 1994. Mr. Deane wishes to express his objection to these activities and to also warn you that any activity outside of the existing right-of-way (which varies from 9 to 10 feet) will be vigorously opposed with appropriate action. It would be far better for you to reach an agreed resolution with Mr. Deane than to act independently to the detriment ill his property rights. Please feel free to call me to discuss this matter. JRS/sn cc: Buck Deane Dave Michaelson Very truly yours, JOHN R. SCHENK • bfl • tYRJ•S•Roy. Th Application rust be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. cRADO DIVISION OF WATER `RESO S 818 Centannla( Bldg., 1313 Sharman St., Denver, Colorado 80203 PERMIT APPLICATION FORM ( A PERMIT TO USE GROUND WATER C A PERMIT TO CONSTRUCT A WELL FOR: Y" A PERMIT TO INSTALL A PUMP ( 1 REPLACEMENT FOR NO. • ( ) OTHER WATER COURT CASE NO. (1) APPLICANT • mailing address 41.gfTa 10.04 Y ,s Y/J NAME ,15 Ct M' T ,I4Y1 STREET.L R ' XPi Lw CITY�..rt WAJ44L (CJ, 1 (Stat•) (Zip) TELEPHONE NOc3A3 99 3 -/ ./g (2) LOCATION OF PROPOSED WELL JG l4 oleo NE )4, section Twp. / 5 frog. County TICS) (E.W1 (3)W�TER USE AND tN 4 DATA Proposed maximum pumpi rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): 1 Number of acres to be irrigated: 0 Proposed total depth (feet)' gin '—',/66 Aquifer ground water is to be obtained from: rAte.`l A:PIM/,.4 lagdt=- /e/I%/L-- Owner's well designation GROUND WATERTO BE USED FOR: HOUSEHOLD USE ONLY 1 DOMESTIC (1) 1 LIVESTOCK (2) COMMERCIAL (41 - no irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) OTHER (91 DETAIL THE USE ON BACK IN (11) (4) DRILLER I EAs8-6 Narne Street City Telephone No (Stats) (Zip) Lic. No FOR OFFICE USE ONLY: 00 NOT WRITE IN THIS COLUMN Receipt No / Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water 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. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY l D COUNTY F6R h19VE MrCff»EfSA10 (5) THE LOCATION OF THPOSED ..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. — -+ — -4- — }- — -(- — — — -} • — 4 - it 1 1 MILE, 5280 FEET - i- 4 + + �- -}- + - 4 4_NORTH4 4- 4- 4-- - t- 4- 4- - - 4 - 2 J z 0 U w NORTH SECTION LINE - l • i _ _f.... _ I — I I - SOUTH SECTION LINE t- 2 + (6)ELL MUST BE LOCATED BELOW by.dlstances from section lines. 2 Ca ft. from /(/'IF,'T7} 4100 ft from LOT / 6LOCK Alb/0$ SUBIj(.IS Q(9 (north or touth) E-,45 7— least or weft) FILING e sec. line sec. line (7) TRACT ON WHICH WELL WILL BE LOCATED Owner. 130V L No. of acreslit Will this be the only well on this tfactt_i: - + + -) t 4 4-- ( (8) PROPOSED CASING PROGRAM Plain Casing ? in. from _SD_ ft to in. from Perforated casing 30 30 ft ft toU (� in from l ''4) ft to ft in from ft to `t — - — +- -�-- — ± — +- — -I- — The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. WATER EOUtVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot Der second (cfs) ... 449 gallons per minute (gpml 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: N/ (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): J5FFs Y 7: J1l'l2 Ju/J/TfY (%IP4.(a 24Y26YW'No. of acres: 8 + Legal description: (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. ilOosk--IMasp a AR_Y 1 eLC, El, G s ygm,q sN,W t B p,D d gZS ,4temASJAf4 7 b S7d.cl $ 2 y 42 zzA/7 Y 41 gTi9T6 (12) QTHE.8 WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. lIZOtiti1.7!' aet4 rr htiSeatc�.c„/�� �r 44/74W Used Used for (purpose) Description of land on which used /i .1°/4 47 iv 4-Srls, _ (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SIGNATURE OF APPLICANTS) Use additional sheets of paper if more space is required. O 0 0 ft Z.. i 0 9£ -£6£Z Ouiuwlpr l�- • 1 IV03 0/1.1111 0.103 03 01314169 0161 X:ONI OI • .KI t1n 9111 4911 ••' ©4..�• - 4 -di . Kai tyi +qY =� 111\ •63 1111' £6£Z 6u0 wolpr ci4 611l, Sift 11:ilift .o.Y J xen-'-can'-. w7'I" 03 036111 311 VI f �. I • T. j R I � 8 d 41— Poi— £6£Z 6wuQ( • ; iia F 1 Q R p a gvg • A. See Exhibit SUBDIVISION EXEMPTION RE UIREMENTS "A" - Existing survey (new Survey of both parcels will be ordered) shows exisitng easement which would still be utilized for the newly created lot. B. See Exhibit "B" U.S.G.S. Map. C. Attached D. 1. Dennis and Nile Gerbaz 100 Rd. Carbondale, CO 81623 2. Buck Deane (Estate of Lou Deane) 0477 Rose Lane Carbondale, CO 81623 3. Ranch at Roaring Fork Homeowners 14913 Highway 82 Carbondale, CO 81623 E. See Bill Johnson's report, if applicable. F. There is existing domestic well - new well permit applied for new lot. G. N/A H. We need to sell part of our property to take care of debt. I. Mollie Gerbaz bought property as it exists now in 1971. See Chain of Title prepared by Land Title. J. $300.00 check attached. 10,115' 1# Continue on Page 36 3 V ( e MOY"V T A/M 1J ler B Continue on Page 45 C D 39'00' 44,1"?' -69w" F4 1. WHITE IEE 0 1{1V"5R (11.2051 I dependence iFTp. Pass Rpatl DEAN Rowbi GUNPITNINOCO �ISN CO �4 ' (IAp,i1 ti mle v,6 HH y41 :roe , carry gs\ DS WILDERNE *f..6. (raaBq& NAT FOR 46 " (f l r1 pTIONhI FOREST '''�O`.� DeLormeE w' 0!426.-Q��.�',, Continue on Page 58 el SP. xenson x RR1R '1 KILOMETERS 1 0 1 2 3 4 5 6 7 8 9 10 MILES 0 2 3 4 5 6 V �Ir - /,I 2 E is- U,e)/S d I= LcJ e i & 0 / zOdd /5/4 O7-77,e-/e_i PuPe 77/x2r- 2- ev/z,& -ivis/rti4 76 �2J/( /G 9S St).Z3ic1 elv; 0� ET mE X,77LJ S , j J S $9tiss--//5 /9,640_ r" //e 4 AlzW-12'Le z c v "'94 -I TY Zci-/ 3kb3 � KRJ•S•R•v. 76 LOIe • CO'�ADO DIVISION OF WATER RESOURA. 818 Centennial Hldp.,1313 Sherman St, Denver, Colorado 80203 PERMIT APPLICATION FORM Application must be complete where (XLA PERMIT TO USE GROUND WATER applicable. Type or ( PERMIT TO CONSTRUCT A WELL print in BLACK FOR: t$ A PERMIT TO INSTALL A PUMP INK. No overstrikes or erasures unless initialed. ( ) REPLACEMENT FOR NO ( ) OTHER WATER COURT CASE NO. (1) APPLICANT • mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN J4bi -i d,4av Y 34YJ NAME STREET CITY (State) dzip) TELEPHONE NO (2) LOCATION OF PROPOSED WELL ‘n -ie 4_4) 56 x of the _ E_ x. Section3.- Twp 7 5 Rng. w tN.S) {!E ,N1 County (3) WATER USE AND WE L!� DATA Proposed maximum pumping rate (rpm) 15-4/1/14 Average annual amount of ground water to be appropriated (acre-feet) : j Number of saes to be irrigated: Proposed total depth (feet): Aquifer ground water is to be obtained from: 4 / Owner's well designation QRQUND WATER TO BE USED FOR: ( I HOUSEHOLD USE ONLY - no irrigation (0) ) DOMESTIC (1) ( ) INDUSTRIAL (51 { ) LIVESTOCK (2) ( ) IRRIGATION (6) { ) COMMERCIAL (4) ( ) MUNICIPAL (8) 1 OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER �- e/u EtS Name Street Coy tStat4o —Circ79 Telephone No Lic. No Receipt No. 4 / Basin • Dist. CONDITIONn OF APPROVAL This well shall be used in such a way as to cause no material in ury to existing water 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. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED --. - EXPIRATION DATE (STATE ENGINEER) BY r -i -N1 I NI T V (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. + — -. — ± — 1— — — -i- — -t- -- -}- _ I ,4____ t MILE. 5280 FEET _TI 1 + -}-- 4- -t- 4- + f + +t 1 I I — -- NORTH SECTION LINE -(- -i 1 NORTH 1 ( T EST SE I � --- 4-- f souTH SECTION LINE (6).THE WELL MUST BE LOCATED BELOW by,distances from section .1cs. line 162Z___ ft from / XO sec. ,ryr�,� (norm 0 south) frit,, ft. from &15." sec. line (eJtt or west) 1 --1- 4- -- 4 -i- -;- 1 1 The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. LOT 3' BLOCK FILING a � 6�g/06$1.yN0 h_ E»11 (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: Ze) 4 f 44/0 . Will this be Noof acres the only well on this tract? YF (8) PROPOSED CASING PROGRAM Plain Casing in. from 0 ft. to 3 ft in from 3 ( ft to gft Perforated casing in. from /S4!) ft. to ft in from _;.�___._ ft. to `t WATER EQUIVALENTS TABLE (Rounded Figures( An acre-foot covers 1 acre of land 1 foot deer) 1 cubic foot per second Ids) ... 44S gatlons 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 gom pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it. N/A (10) LAND ON WHICH GROUND WATER WILL BE USED: Owneris): Legal description /SEE 1177 khfe) No. of acres: ".4-1/ 1® t}e:C�/ (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. 3JQsew, ogho` (12) OTHER WATER RI .HTS used or, this land, including wells. Give Registration and Water Court Case Numbers. Description of land on which used ;odor or right PQ ,�P,ce- 16 Used for (purpose) 1 PO R/.oA.emA) -1 Teez (13) THE APPLICANT(S) STATES) THAT THE INFORMATION SET FORTH HEREON IS •„(CRUS TO OSE B ST OF HI KNOWLEDGE. may SIGNA ruRE OF APPLICANT(S) LOT SPLIT L- o r iL 1 - •LOT *2_.;= LOT #3 :LOT (EASTERLY 430' OF Lor R) PARCEL NO. 2 OF - RECEPTION N0. 372300 6 LOT #3- APPROX. 9'ACRES 4301. • SHED DRIVE LO' # 2 APPROX.` 4 A A 18 S. 80' 5V 00" 174.37' ( (DEED s 16 4') N. 86' 28. 00" E. 69.20' PARCEL NO. 1 OF RECEPTION 140. 372300 RANCH rti° OARING rORK 0. 41WIr u'. ACC. 10 k[CCP110N HO. 219145 SST k1. APPROX. 7 ACRES " ANG NOUSE ... . PARKING :•ar.'. etiA N. 88' 56' 13" w. 4.4 S. 0 820.14' (0Ef.0 - 811.8') 4S.0 1250.14 w'11i(SS CORNER TO THE SJtnH 1/4 CORNER WI St erie ALTA COMMITMENT Le '4,. .clgSGe/AsIDK! �� 1/ .� � oZd t id41e6-s-P9u.&,Ila - Charges - TBD Commitment TOTAL - SCHEDULE A Our Order 1 GW2981 - For Information Only 0875 ROSE LANE, CARBONDALE, CO 81623 $165.00 $165.00 cLeu w oo,) ****WITH YOUR REMITTANCE PLEASE REFER TO OUR ORDER NO.**** GW2981.**** 1. Effective Date: July 15, 1994 at 8:00 A.M. 2. "TBD" Commitment Proposed Insured: JEFFREY T. BOYD and JUDITH CAROL BOYD, FORMERLY KNOWN AS JUDITH C. DAY, as Joint Tenants 3. The estate or interest in the land described or referred to this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered affective date hereof vested in: herein is at the in JEFFREY T. BOYD and JUDITH CAROL BOYD, FORMERLY KNOWN AS JUDITH C. DAY, as Joint Tenants 5. The land referred to in this Commitment is described as follows: PARCEL A THAT PART OF LOT 18, SECTION 35, TOWNSHIP 7 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LYING SOUTHERLY BANK OF THE ROARING FORK RIVER AS 1951 AND MORE FULLY DESCRIBED AS FOLLOWS: PAGE SOUTH, RANGE 88 SOUTH OF THE SURVEYED MARCH 29, BEGINNING AT A POINT ON SAID SOUTHERLY BANK OF THE ROARING FORK RIVER WHENCE THE SOUTHEAST CORNER OF SAID LOT 18 BEARS SOUTH 45 FEET; THENCE SOUTH 45 FEET TO THE SOUTHEAST CORNER OF LOT 18; THENCE S. 89 DEGREES 10' W. 811.8 FEET ALONG THE SOUTH LINE OF SAID LOT 18 TO THE SOUTHWEST CORNER OF SAID LOT 18; THENCE NORTH 419.8 FEET ALONG THE WEST LINE OF LOT 18 TO THE 1 ALTA COMMITMENT SCHEDULE A Our Order # GW2981 SOUTHERLY BANK OF THE ROARING FORK RIVER; THENCE S. 80 DEGREES 51' E. 163.9 FEET ALONG THE SOUTHERLY BANK OF THE ROARING FORK RIVER; THENCE N. 86 DEGREES 28' E. 89.2 FEET ALONG THE SOUTHERLY BANK OF THE ROARING FORK RIVER; THENCE S. 46 DEGREES 12' E. 319.7 ALONG THE SOUTHERLY BANK OF THE ROARING FORK RIVER; THENCE S. 66 DEGREES 59' E. 358.6 FEET ALONG THE SOUTHERLY BANK OF THE ROARING FORK RIVER TO THE POINT OF BEGINNING. PARCEL B THAT PART OF LOT 6, SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 6; THENCE NORTH ALONG THE EAST BOUNDARY LINE TO THE NORTHEAST CORNER OF SAID LOT; THENCE WESTERLY ALONG THE NORTH BOUNDARY OF SAID LOT, 430 FEET; THENCE SOUTHERLY AND PARALLEL OF THE EAST BOUNDARY LINE OF SAID LOT TO A POINT ON THE SOUTH BOUNDARY LINE THEREOF 430 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT; THENCE EASTERLY ALONG THE SOUTH BOUNDARY LINE OF SAID LOT, 430 FEET TO THE PLACE OF BEGINNING. TOGETHER WITH RIGHT OF WAY ALONG THE ROADWAY AS CONSTRUCTED AND IN USE ACROSS THE EASTERLY SIDE OF LOT 4 AND ACROSS THE SOUTHERLY SIDE OF LOTS 5 AND 6, SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AS CONVEYED IN THAT CERTAIN INSTRUMENT, RECORDED AS DOCUMENT NO. 232482 IN BOOK 371 AT PAGE 340 OF THE GARFIELD COUNTY RECORDS, AND FURTHER CONVEYED IH DOCUMENT NO. 234688 IN BOOK 376 AT PAGE 263 OF THE GARFIELD COUNTY RECORDS. PARCEL C A PARCEL OF LAND SITUATED IN A PORTION OF LOTS 6, 7, 8 AND 18, SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL BEARINGS ARE BASED ON A BEARING OF N. 00 DEGREES 29' 05" W. BETWEEN THE WITNESS CORNER TO THE SOUTHEAST CORNER OF SAID SECTION 35 AND THE NORTHEAST CORNER OF SAID SECTION 35.) COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 18 (WHENCE THE WITNESS CORNER TO THE SOUTH QUARTER CORNER OF SAID SECTION 35 BEARS S. 45 DEGREES 46.' 49" E. 3719.95 FEET), A REBAR AND CAP L.S. #19598 IN PLACE; PAGE 2 ALTA COMMITMENT SCHEDULE A Our Ordsr # GW2981 THENCE N. 88 DEGREES 56' 13" W. 107.94 FEET TO A FENCE CORNER IN PACE, THE TRUE POINT OF BEGINNING; THENCE S. 87 DEGREES 56' 50" W. ALONG AN EXISTING FENCE LINE, 700.51 F!ET; THENCE CONTINUING ALONG SAID FENCE, N. 39 DEGREES 05' 41" W. 40.99 FEET; THENCE CONTINUING ALONG SAID FENCE, N. 88 DEGREES 42' 51" W. 416.18 FEET; THENCE LEAVING SAID FENCE, N. 00 DEGREES 19' 53" W. 5.13 FEET TO THE SOUTHWEST CORNER OF PARCEL NO. 2 OF RECEPTION NO. 372300; THENCE S. 88 DEGREES 56' 13" E. ALONG THE SOUTHERLY LINE OF SAID PARCEL NO. 2 AND THE SOUTHERLY LINE OF PARCEL NO. ]. OF SAID RECEPTION NO. 372300, 1142.20 FEET TO THE TRUE POINT OF BEGINNING. ALL IN THE COUNTY OF GARFIELD STATE OF COLORADO PAGE 3 U T► 171 -y 00° 19' .34 r 1) 00° 19' 53" W. 1 r,. c} )--1` Cf- fTl `- rT, (1) 0 0 0 = 0 1 C; r. m rn -r � r O m r 4.. 2• `' O O i.) C.) t7 AdIOlnle1 2393.26 • b 4 p COM*o9 FORK * 0 e.4 r104 3— M f m rn 0CE Nye 0 ft sr 4 , 4 ) • • Oto Trecu if Roofing F.rA (Port *II ;41 o -4' _Zti‘ o t enl ok t f‘-• 1 R m g o M 'i hM r I ''h C it, ori -si t ch V‘ 1 p `9 -41 7- n 5 ♦Arnrno.0 I- 1!i is PARCEL A THAT PART OF LOT • SECTION 35, TOWNSHIP 7 SOUTH, RA188 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTHERLY BANK OF THE ROARING FORK RIVER AS SURVEYED MARCH 29, 1951 AND MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON SAID SOUTHERLY BANK OF THE ROARING FORK RIVER WHENCE THE SOUTHEAST CORNER OF SAID LOT 18 BEARS SOUTH 45 FEET; THENCE SOUTH 45 FEET TO THE SOUTHEAST CORNER OF LOT 18; THENCE 5. 89 DEGREES 10' W. 811.8 FEET ALONG THE SOUTH LINE OF SAID LOT 18 TO THE SOUTHWEST CORNER OF SAID LOT 18; THENCE NORTH 419.8 FEET ALONG THE WEST LINE OF IAT 18 TO THE SOUTHERLY BANK OF THE ROARING FORE RIVER; THENCE 8. 80 DEGREES 51' E. 163.9 FEET ALONG THE SOUTHERLY BANK OF THE ROARING FORK RIVER; THENCE N. 86 DEGREES 28' E. 89.2 FEET ALONG THE SOUTHERLY BANK OF THE ROARING'FORK RIVER; THENCE S. 46 DEGREES 12' E. 319.7 ALONG THE SOUTHERLY BANK OF THE ROARING FORK RIVER; THENCE 8. 66 DEGREES 59' E. 358.6 FEET ALONG THE SOUTHERLY BANK OF THE ROARING FORK RIVER TO THE POINT OF BEGINNING. PARCEL B THAT PART OF LOT 6, SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 6; THENCE NORTH ALONG THE EAST BOUNDARY LINE TO THE NORTHEAST CORNER OF SAID LOT; THENCE WESTERLY 'ALONG THE NORTH BOUNDARY OF SAID LOT, 430 FEET; THENCE SOUTHERLY AND PARALLEL OF THE EAST BOUNDARY LINE OF SAID LOT TO A POINT ON THE SOUTH BOUNDARY LINE THEREOF 430 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT; THENCE EASTERLY ALONG THE SOUTH BOUNDARY LINE OF SAID LOT, 430 FEET TO THE PLACE OF BEGINNING. TOGETHER WITH RIGHT OF WAY ALONG THE ROADWAY AS CONSTRUCTED AND IN USE ACROSS THE EASTERLY SIDE OF LOT 4 AND ACROSS THE SOUTHERLY SIDE OF LOTS 5 AND 6, SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AS CONVEYED IN THAT CERTAIN INSTRUMENT, RECORDED AS DOCUMENT NO. 232482 IN BOOK 371 AT PAGE 340 OF THE GARFIELD COUNTY RECORDS, AND FURTHER CONVEYED IN DOCUMENT NO. 234688 IN BOOK 376 AT PAGE 263 OF THE GARFIELD COUNTY RECORDS. PARCEL C A PARCEL OF LAND SITUATED IN A PORTION OF LOTS 6, 7, 8 AND 18, SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL BEARINGS ARE BASED ON A BEARING OF N. 00 DEGREES 29' 05" W. BETWEEN THE WITNESS CORNER TO THE SOUTHEAST CORNER OF SAID SECTION 35 AND THE NORTHEAST CORNER OF SAID SECTION 35.) COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 18 (WHENCE THE WITNESS CORNER TO THE SOUTH QUARTER CORNER OF SAID SECTION 35 BEARS S. 45 DEGREES 46.' 49" E. 3719.95 FEET), A REBAR AND CAP L.S. #19598 IN PLACE; THENCE N. 88 DEGREES 56' 13" W. 107.94 FEET TO A FENCE CORNER IN PLACE, THE TRUE POINT OF BEGINNING; THENCE 8. 87 DEGREES 56' 50" W. ALONG AN EXISTING FENCE LINE, 700.51 FEET; THENCE CONTINUING ALONG SAID FENCE, N. 39 DEGREES 05' 41" W. 40.99 FEET; THENCE CONTINUING ALONG SAID FENCE, N. 88 DEGREES 42' 51" W. 416.18 FEET; THENCE LEAVING SAID FENCE, N. 00 DEGREES 19' 53" W. 5.13 FEET TO THE SOUTHWEST CORNER OF PARCEL NO. 2 OF RECEPTION NO. 372300; THENCE 8. 88 DEGREES 56' 13" E. ALONG THE SOUTHERLY LINE OF SAID PARCEL NO. 2 AND THE SOUTHERLY LINE OF PARCEL N0. ]. OF SAID RECEPTION NO. 372300, 1142.20 FEET TO THE TRUE POINT OF BEGINNING. ALL IN THE COUNTY OF GARFIELD STATE OF COLORADO r .-, I"ilod (or reca•d tl,a day of it• No. __ _ _:�a:-:..._. us:a:: � c ..:rx..... e_............,..__-arsa::vc�--i.. s�.a.. > 71---- --, , A. D. rG , at o'olook..--24. • �o. 43+ r.#232482 of the County of 9�y ;rt'vbq Mado this 29th r � oa 00N• 9 • RECORDER t.? day of October in the year of our Lord one thousane nine hundred and sixty-five between LOUISE CLOVER DEANE Garfield and State of Colorado, of the first part, and MICHAEL O. HAVE? and MABEL A. HAVEY of the County of Garfield and State of Colorado, of the second part; Witnesseth, That the said part y of the first part, for and in consideration of the sum of One Dollar and other good and valuable considerations xne.114.4x to the said part Y of the first part in hand paid by tho said partios of tho second part, the receipt whereof Is hereby confessed and acknowledged, ha s remised, released, sold and quit -claimed, and by these presents do remise, release, sell and quit -claim, unto tho said parties of the second part, not in tenancy in common but in joint ten: ncy, the survivor of them, their assigns and tho heirs and assigns of such survivors forever, all the following of laud, situate, lying..and being in the County of Carf ie ld _dcsrriligd Let__ .o.r_parcel State of Colorado, to -wit; The easement and right of way along the roadway as constructed and in use across the Easterly side of Lot 4 and across the Southerly side of Lots 5 and 6, Section 35, Township 7 South, Range 88 West 6th P.M., used as a means of ingress and egress to the property of second parties located in Lots 6 and 18 of said Section 35 as described in the Warranty Deeds recorded in Book 232 at Page 422 and Book 266 at Page 370 of the Garfield County, Colorado records; and said easement being across the lands of first party as described in Book 300 at Page 384 of said Garfield County, Colorado records. Said easement shall be used as a private roadway, providing, however, said driveway may be dedicated to a public use by the mutual agreement of the parties then entitled to the use thereof. Also said easement shall be used jointly by the parties hereto, their heirs and assigns. To nave and to hold the Stunc, To- elle.• .i::, all :.r,d rit.,,ult:r the appurtenances and privileges thereunto belonging or in anyv,isc thereunto appertaininc, t.r.J all the est; 0, right, title, interest and claim whatsoever of the said part Y of the first part, either in law or equity, to th t,ap ;roper use, benefit and behoof of the said parties of the second part, the survivors of them, thrir assigns and the };•;:;,-s ttnd assign of raid survivors forever. In Witness 'Whereof, The said part y of the first part ha S hereunto set het' hand and seal the day and year first above written, Signed, Sealed and Delivered in the Presonco of. gig I: i. STATE or col.oRAr)o, County of Pitkin 1, Yvonne Kirkland, } 6S. a Notary Public in and for said Pi tkin County, in the State aforesaid, do hereby certify that LOUISE GLOVER DEANE % ,•, ,, who is personally known to mo to bo tho perso '.}u?.;•crjlZid,l�; ,the foregoing Deed, appeared before me this day in person, and acknowledged ;;luded t:11A(Ii.lia/ered the said instrument of writing as her free and voluntary act, for ;%:.r,,;il'r.e`� fc.,tli, . % ' Civcit'u ` ..ccr my hand and seal, this 29 th day of J.aaUUi y 1.• , r , 1), 1116i). ';,fy, ft�nuniAsion,expires p r, rot.11.1• October n' whose name is thnt she signed, the uses and purposes ,A, D.ao65 li CLAI1t Irl:::ICtO 7OIN'T 'i., :•f:.1—:i..t ,i,.; lc,:,,t!,•y and statlw,or, co„ C:,lor.,do S ring4, Colorado !I Filed for record November- 24, 1965 .t 2:53 otclock ;P. M. and recorded in Book 371 at page 340 thereof. 1' i ll I F . FROM : JUDIE DAY PHONE NO. : 303 9631218 CARBONDALE FIRE 09/22/1994 10:17 3039630569 • Sep. 27 1994 05:31PM P2 PAGE 01 CARBONDALE & RURAL FIRE PROTECTION DISTRICT 300 Meadowood Drive Carbondale, CO 81623 (303) 963.2491 FAX (303) 963.0569 September 20, 1994 David Michealson Garfield County Planner 109 8th St. Glenwood Springs, CO 81601 Dear. Dave, Yesterday I met with Judy Day and we visited her property located et 875 Rose Lane in Carbondale, 1 would like to make the following comments to you regarding access to the property for emergency vehicles. After actually measuring the width of the access road we found the road to be at least 12' wide in most places which is consistent with the Garfield County road specifications for sub- divisions of this size, Basically this road will work for emergency vehicle access. I would however offer the following recommendations for improvements to the road which I believe are reasonable requests, Improve the two spots on the road which are lass then 12' wide, Keep the brush cut back so it does not over grow the road and impede access for emergency vehicles. Maintain the existing turnaround spot on the road so that emergency vehicles have a chance to turn around and egress the property if need be. If you have any questions feel free to contact me at 963.2491. Sincerely, Ron Leach, Chief Carbondale & Rkir.l Fire Protection District 09/06/94 12:45 CARBONDALE FIRE -' 9457785 NO.723 D01 CARBONDALE & RURAL FIRE PROTECTION DISTRICT 300 Meadowood Drive Carbondale, CO 81623 (303) 963-2491 FAX (303) 963-0569 September 5, 1994 David Michealson Garfield County Planner 109 8th St. Glenwood Springs, CO 81601 Dear Dave, 1 would like to offer the following comments to you regarding the proposed sub -division exemption for Judy Boyd regarding her property located at 0875 Rose Lane in Carbondale. As I understand it, the application calls for making three lots out of one lot and approving the construction of two additional single family houses on the two new lots. The district will provide both fire protection and ambulance service to the new properties. There is not an approved water system in place on or near the property so water for fire protection is limited to the water carried on the Carbondale fire trucks, augmented by the fire department's water truck shuttle operation. Access for fire apparatus is poor because of the narrow road currently servicing the property. Response time to the property is approximately 1012 minutes from the Carbondale fire station. if you have any questions feel free to contact me at 963-2491. Sincerely, Ron Leaclh, Chief Carbondale & Rural Fire Protection District • • MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is entered into between DOANE H. DEANE on behalf of the Estate of Louise Glover Deane, its successors and assigns, hereinafter "Deane", and JUDITH CAROL DAY and JEFFREY T. BOYD, their successors and assigns, hereinafter "Day and Boyd". In connection with a Subdivision Exemption Application by Judith Carol Day and Jeffrey T. Boyd, the parties agree as follows: 1. Deane is the owner of the property described in Exhibit "1" attached hereto and Day and Boyd are the owners of the property described in Exhibit "2" attached hereto. Day and Boyd propose to divide their property into three (3) parcels to be described on a Subdivision Exemption Plat. 2. The Day and Boyd property has a roadway access across the Deane property by virtue of a Quit Claim Deed, a copy of which is attached hereto as Exhibit "3". 3. Within five (5) business days after the receipt of the survey described in paragraph 4 below, Day and Boyd will enter into an Easement Agreement which will supersede that certain agreement described in the Quit Claim Deed (Exhibit "3") from Louise Glover Deane to Michael O. Havey and Mabel A. Havey, as recorded in Book 371 at Page 340 as Reception No. 232482 of the records of the Clerk and Recorder of Garfield County, Colorado. Deane shall grant Day and Boyd a non-exclusive easement for access purposes only, which is hereafter described as the roadway easement. 4. At Day and Boyd's sole cost, a survey will be made of the centerline of the roadway by a surveyor acceptable to Deane. The survey will determine the centerline of the existing roadway, will pin the roadway centerline at 100 foot intervals and will mark the width of the right of way at such intervals. A plat of the survey will be furnished to Deane. 5. Day and Boyd may use such roadway easement for vehicular access to their property over and across the Deane property for not more than three (3) single family residential lots on the Day and Boyd property. 6. The width of the roadway shall be 12 feet throughout its length. 7. Speed control and safety devices will be installed and maintained by Day and Boyd on the roadway, which shall include the following: a. A Stop Sign at the intersection with Rose Lane; b. Two (2) Speed Limit Signs indicating the speed limit as 15 m.p.h. at each end of the roadway easement; and c. Standard concrete Speed Bumps at three (3) locations on the length of the roadway, generally corresponding with the center of the upper pasture, the center of the lower pasture and the Rose Lane intersection. ILVRi, E NCSMWO.UNO 1 1 • Deane may, at Deane's sole cost, install another Stop Sign and one (1) additional standard concrete Speed Bump at a location to be selected by Deane.,, 8. Day and Boyd shall reasonably maintain the roadway at their sole cost, which shall include, without limitation, grading of the surface, maintenance of speed bumps and culverts, dust suppression and repair to any fences adjacent to the roadway; provided, however, that Day and Boyd shall have no obligation to repair damage to any fence if the damage was caused by Deane or Deane's agents, employees, invitees or licensees. No road maintenance, grading, cutting of vegetation or other disturbance shall be undertaken or accomplished outside of the roadway easement. 9. Deane will continue to have a right to use the roadway easement for livestock, agricultural and access purposes as it has been historically used or as permitted by the applicable zoning and subdivision regulations and along its entire length. 10. None of the three (3) parcels shall be resubdivided on the south side of the Roaring Fork River. Only one (1) single family dwelling, together with customary outbuildings as allowed in the applicable zone district, shall be constructed on any such parcel. No additional dwelling for human habitation shall be allowed on any such parcel. There shall be no access across the roadway easement to the property described in Exhibit "2" lying north of the Roaring Fork River. 11. The subdivided parcels will be used for single family residential purposes only. No home occupation shall be allowed which would result in any significant traffic increase on the roadway easement. "Home Occupation" means any lawful use conducted entirely within a dwelling which is incidental and secondary to the use of the dwelling for dwelling purposes and which does not change the residential character thereof. The term "significant traffic increase" shall be defined to mean traffic which is more than twice as frequent as that accepted by the Garfield County Planning Department as customary for a single family residential dwelling and ascertained over a seven (7) day period. Any additional traffic use related to a home occupation shall not be transferable between parcels. 12. In utilizing the roadway easement, trailered vehicles and farm equipment will have the right to proceed and, in the event two (2) nontrailered vehicles meet, the vehicle past the mid point of the roadway easement shall have the right to proceed and the other vehicle shall yield. 13. There shall be no required turnouts or passing areas along the length of the easement. 14. No subdivided parcel on the Deane property or on the Day and Boyd property shall use high illumination lights for security or other purposes unless such lights are shielded from view from adjacent parcels. 15. The right of way will be locked once per year on a date coordinated with both Day and Boyd and Deane. The combination or key to the lock shall be furnished to all property owners affected by this agreement. NNRTDBA,HMM9/D.UPC 2 • • Deane may, at Deane's sole cost, install another Stop Sign and one (1) additional standard concrete Speed Bump at a location to be selected by Deane. 8. Day and Boyd shall reasonably maintain the roadway at their sole cost, which shall include, without limitation, grading of the surface, maintenance of speed bumps and culverts, dust suppression and repair to any fences adjacent to the roadway; provided, however, that Day and Boyd shall have no obligation to repair damage to any fence if the damage was caused by Deane or Deane's agents, employees, invitees or licensees. No road maintenance, grading, cutting of vegetation or other disturbance shall be undertaken or accomplished outside of the roadway easement. 9. Deane will continue to have a right to use the roadway easement for livestock, agricultural and access purposes as it has been historically used or as permitted by the applicable zoning and subdivision regulations and along its entire length. 10. None of the three (3) parcels shall be resubdivided on the south side of the Roaring Fork River. Only one (1) single family dwelling, together with customary outbuildings as allowed in the applicable zone district, shall be constructed on any such parcel. No additional dwelling for human habitation shall be allowed on any such parcel. There shall be no access across the roadway easement to the property described in Exhibit "2" lying north of the Roaring Fork River. 11. The subdivided parcels will be used for single family residential purposes only. No home occupation shall be allowed which would result in any significant traffic increase on the roadway easement. "Home Occupation" means any lawful use conducted entirely within a dwelling which is incidental and secondary to the use of the dwelling for dwelling purposes and which does not change the residential character thereof. The term "significant traffic increase" shall be defined to mean traffic which is more than twice as frequent as that accepted by the Garfield County Planning Department as customary for a single family residential dwelling and ascertained over a seven (7) day period. Any additional traffic use related to a home occupation shall not be transferable between parcels. 12. In utilizing the roadway easement, trailered vehicles and farm equipment will have the right to proceed and, in the event two (2) nontrailered vehicles meet, the vehicle past the mid point of the roadway easement shall have the right to proceed and the other vehicle shall yield. 13. There shall be no required turnouts or passing areas along the length of the easement. 14. No subdivided parcel on the Deane property or on the Day and Boyd property shall use high illumination lights for security or other purposes unless such lights are shielded from view from adjacent parcels. 15. The right of way will be locked once per year on a date coordinated with both Day and Boyd and Deane. The combination or key to the lock shall be furnished to all property owners affected by this agreement. H: flDBArOwew.0 C 2 • • 16. Day and Boyd shall defend, indemnify and hold Deane harmless from any and all damages or claims arising from the use of the road by Day and Boyd„ including attorney's fees and costs. Such obligation to defend, indemnify and hold harmless shall be joint and several between Day and Boyd and all future owners of the Day and Boyd property. The owner of each parcel shall maintain homeowners insurance on such parcel and shall designate the owners of the Deane property as an additional named insured. Such policies shall be in an amount of not less than $300,000.00 per parcel, which amount shall be adjusted for inflation every ten (10) years based on a generally accepted measurement. A certificate of such coverage shall be furnished to Deane at least annually. Any damages incurred by Deane which are so indemnified and are not paid shall also constitute a lien against the Day and Boyd property and, if unpaid, a notice of such lien may be recorded and foreclosed in the manner of a mortgage. Such lien shall have a priority based on the date of recordation of such notice. This indemnity shall not apply to any event arising out of the vehicular or equipment use of the roadway by Deane, Deane's employees, grantees, licensees and invitees. 17. Day and Boyd will install landscaping on the Deane property consisting of a hedge row of a type and at a time reasonably agreeable to both parties from near the intersection with Rose Lane to approximately 35 feet past the first culvert and excluding the areas already planted. 18. Day and Boyd will not object to a Subdivision Exemption Application for a portion of the Deane property (including any portion at the east end of the Deane property), so long as such Subdivision Exemption Application is consistent with the circumstances of the neighborhood and the Garfield County Zoning Regulations then in effect. Said future subdivision parcels may use the same right of way as provided for herein. In the event of such subdivision, such subdivided parcels will also share in the restriction and obligations set forth above. 19. Deane may, at his expense, fence the boundary line of the right of way on both sides throughout its entire length. 20. This Memorandum of Understanding constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Memorandum of Understanding shall be binding unless executed in writing by all the parties. This Memorandum of Understanding will be superseded by the Easement Agreement to be prepared in conformance with this Memorandum. 21. This Memorandum of Understanding shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns and shall run with the land. 22. If any legal action or other proceeding is brought for the enforcement of this Memorandum of Understanding or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Memorandum of Understanding, the prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in such action or proceeding, in addition to any other relief to which such party may be entitled. I UltS,DFANrAIITIO t'n 3 • • 23. In the event Day and Boyd should withdraw their Application for Subdivision Exemption or if for any other reason the Subdivision Exemption is not approved, this Memorandum of Understanding shall nevertheless be effective, except that the cost of the survey shall be split between the parties and Sections 10, 11, 14, 16, 17 and 18 will have no further force or effect. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this year and day first written above. Doane H. Louise Glov 1 • . Sr Behalf of the Estate of : ea 11:\10.5\111:ANIUIITIn I.NU Judith C. rol Day Boyd 4 err I Ll \A\ !(EASTERLY 430' OF LOT 6) PARCEL NO. 2 OF RECEPTION N0. 372300 :LOT 6' WE1.1. Pa.ttw► �� Post -it® Fax Note 7671 Date pages0. I To Vi r,/ Fromri'r= 1'\1(.),..41 :L ,�, Co./Dept��GiL= I til rd 4 4L Co. (7,y--,77<1177 / AF` ✓ ` �+ C.Jv� I Phone # Phone # Cp4 ( .'371-2_ Fax # ,,t- \: - 3t -arc^\ Fax# i'y �-"--1—i?,,•, JL5• EXISTING HOUSE as .a 7.0 o.: a.• 18 / S. 80. 51' 00" /174.37' (DEED 16 .9') N. 86' 28' 00" E. 89.20' • 20.7' 1 RANCH Ar FLING EORx B:WI:CARY UNE ACC. TO RECEPTION NO. 219145 43 13" i-646-5 14' .14' NORTH. SECTIC 0 "i 0 vi ewu�.l � 4D1Z'64z a� w'THESS CORNER TO THE SJUTH 1/4 CORNER 0 S. 00' 25 45.00' WITNESS SOUL -TA A cCrr JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III • • SCHENK, KERST & deWINTER, P.C. ATTORNEYS AT LAW SUITE 310, 302 EIGHTH STREET GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-2440 March 25, 1996 Mr. Mark Bean Garfield County Planning Administrator Garfield County Courthouse 109 8th St. #303 Glenwood Springs, CO 81601 Re: Application of Judy Day -Boyd Dear Mark: .i l 'BAR 2 6 1996r I represent the Ranch at Roaring Fork Homeowners Association, and am writing to advise you that the Ranch at Roaring Fork Homeowners Association does not oppose the lot split exemption for the two to three acre parcel on the North side of the Roaring Fork River currently being proposed by Judy Day -Boyd, and which I understand has been under consideration since mid 1992. The Ranch at Roaring Fork Homeowners Association has resolved its dispute with Ms. Boyd with respect to that parcel. If you need any additional information, please don't hesitate to call. Very t ly yours, cr.t, WILLIAM J. deWINT WJD/b cc: Tim Whitsitt Ranch at Roaring Fork Homeowners Association • • 0875 Rose Lane Carbondale, CO. 81623 February 8, 1996 Garfield County Commissioners c/o Mark Bean Planning and Zoning Department 109 8th Street Glenwood Springs, CO 81601 Dear Commissioners: Once again, I need your consideration and patience on the completion of our final plat due by April 17, 1996. You will probably be pleased to hear we ARE coming to a final resolution with the Ranch at Roaring Fork which will be clearing up the boundary lines that have been questionable between our properties. Our settlement will involve a property swap with the RRF, and we will have to do lot line adjustments. Obviously this settlement is going to affect the configuration and acreage(there will be a slight increase in our total acreage) of the three lots we have designated through our "exemption" process. Instead of doing an amended plat directly after the filing of the final plat, We request an extension of time so the plat can be done and filed correctly with the final outcome recorded and in place. The attorneys involved on both sides feel that an additional 60 days should be enough time to take care of all the details involved in this(As you may know, the structure of the RRF is cumbersome when it comes to the acquiring or the "selling" of land,and it involves mortgage holders as well as property owners). For "Safety" sake I would like an extension to June 17, 1996 with VERY high hopes that it will be done before that date. So, please grant our request. This really should do it! Thank -you, i Judith Jef f re arol Day oyd ftffe 010-7 z /Z�9� i • • August 31, 1995 Garfield County Commissioners c/o Mark Bean Planning and Zoning Department 109 8th Street Glenwood Springs, CO 81601 Dear Commissioners: Per our lot split exemption that was granted on October 17, 1994, we have JUST received from the surveyor the survey of our access road. We are still working on the final plat, and we are in negotiations with a neighboring property owner concerning a discrepancy in our boundary lines. Our attorney, Tim Whittsitt, has been working on this with them and we hope to have our boundary lines clarified within this month. However, I am concerned that when we are finally able to file our final plat, we will not have enough time left prior to our October 17,1995 deadline for Division of Water Resources to come through with the well permits we have applied for since they need the final plat to process the applications. From past experience, I know this may possibly take up to two months for processing. Therefore, since we have been working on all the requirements diligently and continuously, we would like the commissioners to grant one more extension in time to complete the requirements. Once again, thank -you for your considerations this. and patience on s,(>) e 3,D ��;`'d 7,7-(7c :4 .*,.,.. W* r - • July 6,1995 Garfield County Commissioners c/o Mark Bean Planning and Zoning Dept. 109 8th Street Glenwood Springs, CO, 81601 Dear Commissioners: We are still working diligently on the completion of the final plat and the survey of our access road per the terms of our lot split exemption that was granted on October 17, 1994. There has been additional delays beyond our control. We are optimistic that we are "getting there," however, I am requesting an extension in time since we may be cutting it close to our current deadline. Thank -you for your considerations and patience on this. Sincerely, Jud i t Carol Day ..7q(qM3t1J. `Jut 0 71995 GWkELD COUNTY Ole -�'/! �' 7// o' February 24,1995 Garfield County Commissioners c/o Mark Bean Planning and Zoning Dept.. 109 8th Street Glenwood Springs, CO 81601 Dear Commissioners: Because of unforseen delays, we have not been able to complete the final plat on our lot split exemption that was granted on October 17,1994. Although we expect the plat to be done soon, I am requesting an extention in time to complete it since we are nearing the end of our current time frame. We appreciate your consideration on this, and we thank you in advance. Si 1 ere1y, L Judi la Carol Day .Yef Frey F. Boyd !Za DSS Apf 2 Y4T 4 ,1 PPLA i SCHENK, KERST & deWINTER, P.C. r ATTORNEYS AT LAW SUITE 310, 302 EIGHTH STREET GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (303) 945-2447 TELECOPIER: (303) 945-2977 JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III December 8, 1994 Lawrence Green DELANEY & BALCOMB, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 Re: Buck Deane - Day/Boyd Easement Dear Larry: DEC a 9 19 GARF liELD COUNTY It has been some time since the Memorandum of Understanding was entered into between our respective clients. Since that time, the survey has not been completed to define the easement and my client is growing anxious about the final resolution. We need to move beyond the Memorandum of Understanding to an actual Easement Agreement in the near future. It is my interpretation that until that is accomplished, the old easement stays in place, subject to its restrictions, and the subdivision exemption is not complete. I appreciate your attention to this matter. Very truly yours, JOHN R. SCHENK JRS/clh cc: Buck Deane Dave Michaelson - Garfield County H: URS \DEANE,GRFIN.] • .1 JUN eL1991 CALOIA & HOUPT, P.C. ATTORNEYS AT LAW SHERRY A. CALOIA JEFFERSON V. HOUPT TRAVIS S. THORNTON May 30, 1997 Jeffrey T. Boyd Judith C. Day 0875 Rose Lane Carbondale, CO 81623 George R. Kilby Farley S. Kilby 505 Sandy Lane Anniston, AL 36207 Alain Laval 0875 Rose Lane Carbondale, CO 81623 Re: Property known as Day/Boyd Exemption Dear Property Owners: (3/1j: ...., _Atvl"Y 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 I enclose herein for your review a copy of an MOU that was entered into by and between Judy Day and Jeffrey Boyd and Doane (Buck) Deane. I represent Buck Deane who is concerned that there may be some confusion about the content of this Agreement. There is only one single family dwelling permitted on each parcel. According to paragraph 10, there is no additional dwelling for human habitation allowed on any parcel. This means there is only one single family dwelling together with customary outbuildings that are not dwellings for human habitation. This was the clear intent of the agreement when it was adopted by the parties. The access into the Lots that you each own is set forth on the MOU which is part of the exemption approval of the County of Garfield. This MOU is mentioned on the plat and sets forth the scope and extent of the easements. The easement has been surveyed but it shows a right angle onto Rose Lane. A gentler curve rather than a right angle at the turn has been discussed but never agreed to. The width of the roadway is only 12 feet throughout its length and this curve may not be large enough at that width. Thus, a new survey and agreement are necessary to confirm an access with a curve rather than a right angle. If necessary, Buck Deane is amenable to meeting with all of you to discussing the actual location and use of the easement itself. Since it crosses his property he is quite adamant that it be clearly marked and that vehicles not go off of that area. Any enlargement of the DEANE-Day-Boyd-ltr-1 .� .� ,11, CALOIA & HOUPT, P.C. • Property Owners Page 2 May 30, 1997 • easement was not contemplated and while Buck remains willing to cooperate with you as owners of the easement, he wants to make sure that his property remains intact and the easement is not enlarged. Please send me any new survey of the road with a curve if one was done. It must be approved by Buck to be valid. Otherwise the original survey will control and that is with a 12' right angle curve. There are other items in the MOU which must be performed by the easement owners. They have not been completed. Buck needs those items to be performed. Those include maintenance, hedges, lighting and speed control. We will be recording the MOU for any future conveyances to make sure that new purchasers are put on notice. We hope to hear from you to ensure that the location and maintenance, etc. of the roadway is clear. Very truly yours, CALOIA & HOUPT, P.C. Sherry A. ,aloia SAC:nla cc: Buck Deane Mark Bean Sam Phelps, surveyor DEANE-Day-Boyddtr-1 • SHERRY A. CALOIA JEFFERSON V. HOUPT TRAVIS S. THORNTON CALOIA & HOUPT, P.C. ATTORNEYS AT LAW May 30, 1997 Mildred Alsdorf Garfield County Clerk and Recorder 109 Eighth Street, Suite 200 Glenwood Springs, CO 81601 Re: Day/Boyd Exemption MOU Dear Mildred: 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 Enclosed for filing and recording is a Memorandum of Understanding which is seven pages long. Also enclosed is our check in the amount of $36.00 to cover the recording fee and a self-addressed stamped envelope for return to my office. Very truly yours, CALOIA & HOUPT, P.C. SAC:nla Enclosures ccs w/encs: Doane Buck Deane Mark Bean Judith Day and Jeffrey Boyd George Kilby and Farley Kilby Alain Laval DEANE-Recorder-(tr- 1 Sherry A. Caloia • • MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is entered into between DOANE H. DEANE on behalf of the Estate of Louise Glover Deane, its successors and assigns, hereinafter "Deane", and JUDITH CAROL DAY and JEFFREY T. BOYD, their successors and assigns, hereinafter "Day and Boyd". In connection with a Subdivision Exemption Application by Judith Carol Day and Jeffrey T. Boyd, the parties agree as follows: 1. Deane is the owner of the property described in Exhibit "1" attached hereto and Day and Boyd are the owners of the property described in Exhibit "2" attached hereto. Day and Boyd propose to divide their property into three (3) parcels to be described on a Subdivision Exemption Plat. 2. The Day and Boyd property has a roadway access across the Deane property by virtue of a Quit Claim Deed, a copy of which is attached hereto as Exhibit "3". 3. Within five (5) business days after the receipt of the survey described in paragraph 4 below, Day and Boyd will enter into an Easement Agreement which will supersede that certain agreement described in the Quit Claim Deed (Exhibit "3") from Louise Glover Deane to Michael O. Havey and Mabel A. Havey, as recorded in Book 371 at Page 340 as Reception No. 232482 of the records of the Clerk and Recorder of Garfield County, Colorado. Deane shall grant Day and Boyd a non-exclusive easement for access purposes only, which is hereafter described as the roadway easement. 4. At Day and Boyd's sole cost, a survey will be made of the centerline of the roadway by a surveyor acceptable to Deane. The survey will determine the centerline of the existing roadway, will pin the roadway centerline at 100 foot intervals and will mark the width of the right of way at such intervals. A plat of the survey will be furnished to Deane. 5. Day and Boyd may use such roadway easement for vehicular access to their property over and across the Deane property for not more than three (3) single family residential lots on the Day and Boyd property. 6. The width of the roadway shall be 12 feet throughout its length. 7. Speed control and safety devices will be installed and maintained by Day and Boyd on the roadway, which shall include the following: a. A Stop Sign at the intersection with Rose Lane; b. Two (2) Speed Limit Signs indicating the speed limit as 15 m.p.h. at each end of the roadway easement; and c. Standard concrete Speed Bumps at three (3) locations on the length of the roadway, generally corresponding with the center of the upper pasture, the center of the lower pasture and the Rose Lane intersection. I I: V RSA OEAND M IT/O.OND 1 • • Deane may, at Deane's sole cost, install another Stop Sign and one (1) additional standard concrete Speed Bump at a location to be selected by Deane. 8. Day and Boyd shall reasonably maintain the roadway at their sole cost, which shall include, without limitation, grading of the surface, maintenance of speed bumps and culverts, dust suppression and repair to any fences adjacent to the roadway; provided, however, that Day and Boyd shall have no obligation to repair damage to any fence if the damage was caused by Deane or Deane's agents, employees, invitees or licensees. No road maintenance, grading, cutting of vegetation or other disturbance shall be undertaken or accomplished outside of the roadway easement. 9. Deane will continue to have a right to use the roadway easement for livestock, agricultural and access purposes as it has been historically used or as permitted by the applicable zoning and subdivision regulations and along its entire length. 10. None of the three (3) parcels shall be resubdivided on the south side of the Roaring Fork River. Only one (1) single family dwelling, together with customary outbuildings as allowed in the applicable zone district, shall be constructed on any such parcel. No additional dwelling for human habitation shall be allowed on any such parcel. There shall be no access across the roadway easement to the property described in Exhibit "2" lying north of the Roaring Fork River. 11. The subdivided parcels will be used for single family residential purposes only. No home occupation shall be allowed which would result in any significant traffic increase on the roadway easement. "Home Occupation" means any lawful use conducted entirely within a dwelling which is incidental and secondary to the use of the dwelling for dwelling purposes and which does not change the residential character thereof. The term "significant traffic increase" shall be defined to mean traffic which is more than twice as frequent as that accepted by the Garfield County Planning Department as customary for a single family residential dwelling and ascertained over a seven (7) day period. Any additional traffic use related to a home occupation shall not be transferable between parcels. 12. In utilizing the roadway easement, traiierzd vehicles and farm equipment will have the right to proceed and, in the event two (2) nontrailered vehicles meet, the vehicle past the mid point of the roadway easement shall have the right to proceed and the other vehicle shall yield. 13. There shall be no required turnouts or passing areas along the length of the easement. 14. No subdivided parcel on the Deane property or on the Day and Boyd property shall use high illumination lights for security or other purposes unless such lights are shielded from view from adjacent parcels. 15. The right of way will be locked once per year on a date coordinated with both Day and Boyd and Deane. The combination or key to the lock shall be furnished to all property owners affected by this agreement. N:VMGA1IMMGMO.V/O 2 • • 16. Day and Boyd shall defend, indemnify and hold Deane harmless from any and all damages or claims arising from the use of the road by Day and Boyd, including attorney's fees and costs. Such obligation to defend, indemnify and hold harmless shall be joint and several between Day and Boyd and all future owners of the Day and Boyd property. The owner of each parcel shall maintain homeowners insurance on such parcel and shall designate the owners of the Deane property as an additional named insured. Such policies shall be in an amount of not less than $300,000.00 per parcel, which amount shall be adjusted for inflation every ten (10) years based on a generally accepted measurement. A certificate of such coverage shall be furnished to Deane at least annually. Any damages incurred by Deane which are so indemnified and are not paid shall also constitute a lien against the Day and Boyd property and, if unpaid, a notice of such lien may be recorded and foreclosed in the manner of a mortgage. Such lien shall have a priority based on the date of recordation of such notice. This indemnity shall not apply to any event arising out of the vehicular or equipment use of the roadway by Deane, Deane's employees, grantees, licensees and invitees. 17. Day and Boyd will install landscaping on the Deane property consisting of a hedge row of a type and at a time reasonably agreeable to both parties from near the intersection with Rose Lane to approximately 35 feet past the first culvert and excluding the areas already planted. 18. Day and Boyd will not object to a Subdivision Exemption Application for a portion of the Deane property (including any portion at the east end of the Deane property), so long as such Subdivision Exemption Application is consistent with the circumstances of the neighborhood and the Garfield County Zoning Regulations then in effect. Said future subdivision parcels may use the same right of way as provided for herein. In the event of such subdivision, such subdivided parcels will also share in the restriction and obligations set forth above. 19. Deane may, at his expense, fence the boundary line of the right of way on both sides throughout its entire length. 20. This Memorandum of Understanding constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Memorandum of Understanding shall be binding unless executed in writing by all the parties. This Memorandum of Understanding will be superseded by the Easement Agreement to be prepared in conformance with this Memorandum. 21. This Memorandum of Understanding shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns and shall run with the land. 22. If any legal action or other proceeding is brought for the enforcement of this Memorandum of Understanding or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Memorandum of Understanding, the prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in such action or proceeding, in addition to any other relief to which such party may be entitled. uNRSfFANFlMRdo. DND 3 • • 23. In the event Day and Boyd should withdraw their Application for Subdivision Exemption or if for any other reason the Subdivision Exemption is not approved, this Memorandum of Understanding shall nevertheless be effective, except that the cost of the survey shall be split between the parties and Sections 10, 11, 14, 16, 17 and 18 will have no further force or effect. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this year and day first written above. Doane H. Dea Louise Glover II: V0.11DUNI\MEMO, FIND 410�fofthe Estate of 4 EXHIBIT'l • . Book 300 P. 384 Recorded nt 4:00 o'clock P . M. Reception No 197677 THIS DEED, !ifaile this 8th • day of Nay lit the year of our Lord one thousand nine hundred and fift.y-c t• betwco. CHARLES and (1.47.1Nr,'CI1N :NE of the County of Garf lk:lct and State of Colotado, of the first n.t. and H. A. :EANE Ind LCUTEE :EANE, In jcInt toolncy• ..ftecorder. II ECORD1111'S 111i. , I of the County of Car I'S. cid and State of Colorado, of the second pari: WITNESSETIL that the said part ter, of the first part. fnr and in ronstd,,,liog of g.,. egg, ,,r AR MUMS. . i TLN Dol,ars and otner rood ant valsable consideration to the said n:111100 of the first part in hand paid by the said patties of the second part. the riceipt o hereof is hereby confessed and acknowledged, have granted, bargaimd, sold and conveyed, and by these presents do grantbargain. sellconvey and confirm unto the said parties of the second part, their heir: and .signs forever. not .I in tenancy in common but in joint tenancy, all the following described lote. or parcel 0 of land, situate. lying and : being in the County of Gar f 1c1.1 and sync .1 • of Colorado, tomit: ' I Lots 5, f, ..nd tna: part of Lots 3, 4, .1nd 10, .ir.:.rio.-i a.- fc1Ic6s: .1.,.nin 7.t a roint 50 feet .r.outh of tn,, NW corner or th, ranch fttEr.rly .),r.,:d by Joon Leonnarly and ruSnis? North alone raid ranch lin,: and ,!lld line extended 2135 feet; tiE.nce W. 200 feet; tryncc .--,•, -.1,:, f -,t.:: th,n-- East 2'' f --t; '.- ,:- Ela -e ,,f --.3. ...r ••.:: .:.,:tt.•..1.11,:t•; .-...:••• .•, • t• : :• • ..: , . i .::' .: .:. -, .t t3.- t•:- 1- .'i c. 35, -r:. y , ;.. , Ei. ' 7. 2., :,...t :'.:.• , LI:. !,. 1C !...1: .:. :11 ditch ores ditch rigt,ts, water ...hd wat..:r. ri,.nts taed pa ,7,r lo •_::".nnectIon with said above lands, including therewitc (but ;*:)t 11.7.1t,:d thereby) an undivided 9/10ths interest In and to thi': :.:bas ..n2arr.pment cf the Slough Ditch and Banning Lateral, taking water fr,r the ,....arin7 ?ork River, in Water District No. 38, together with .. 212. In;.... -rest in -and to the water rights decreed to said Ditch, said l.er Jetzt? a 9/10th interest in and to 4.3 cu. ft. of water per sec,n:, of time. Together with all improvements situate thereon. Tnyre lc excepted and reserved from the anove, that part of aoove lot 6, r:ereto conveyed to Albert Biggs and Emma blgrs, by deed at.ed Navemper 17, 1938,, arid of record in the office of the Clerk ...al :corder of Garfield County, Colorado, In book 185 at pare . '03. .nere is also excepted herefrom one-half of all oil, gas.and other minerals, which were reserved in deed recnri.ed .:.ti book 245 '....1 of tn.:- record cf the :'ounty Clerk :.ind Recorder of Curri.-.11 .lcuniy• EXCEPT THE PROPERTY DESCRIBED ON EXHIBIT 2 • • EXHIBIT 2 PROPERTY DESCRIPTION PARCEL 1 A TRACT OF LAND SITUATED IN LOTS 6 AND 6, SEC IIUh 35, TUWN:Jr1IP 7 SOU Ili, RANGE 88 WEST OF THE SIXTH P.M., GARFIELD COUNTY, COLORADO ANIJ BEING A PORTION OF THOSE TRACTS OF LAND AS DESCRIBED IN DOCUMENT RECORDED UNDER RECEPTION NUMBERS 372300 AND 380981 OF THE RECORDS OF SAID COUNTY, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2 OF THAT TRACT OF LAND AS DESCRIBED . IN SAID DOCUMENT RECORDED UNDER RECEPTION #372300. SAID POINT OF BEGINNING BEING MONUMENTED WITH A NO. 5 REBAR FOUND IN PLACE, THEN ALONG THE WEST UNE OF SAID PARCEL N.0019'S1'W. A DISTANCE OF 1153.78 FEET TO THE THREAD OF THE ROARING FORK RIVER; THEN ALONG 'THE THREAD OF SAID RIVER THE FOLLOWING FIVE COURSES: 1 S.63'46'54'E. A DISTANCE OF 31.01 FEET; 2 S.6415'31'E. A DISTANCE OF 128.21 FEET; 3 S.4417'49'E. A DISTANCE OF 178.55 FEET; 4 S.3611'S3'E. A DISTANCE OF 117.22 FEET; 5 S.49'06 50"E. A DISTANCE OF 88.42 FEET; THEN DEPARTING SAID RIVER 5.22'05'22'W. A DISTANCE OF 579.78 FEET; THEN S.05'37'17'W. A DISTANCE OF 254.52 FEET; THEN S.00'53'34'W. A DISTANCE OF 22.18 FEET TO THE SOUTHERLY UNE OF SAID TRACT AS DESCRIBED IN DOCUMENT RECORDED UNDER RECEPTION #380981; THEN ALONG THE SOUTHERLY AND WESTERLY UNES OF SAID TRACT THE FOLLOWING TWO COURSES: 1 N.88'42'51'W. A DISTANCE OF 154.12 FEET; 2) N.0019'51'W. A DISTANCE OF 5.13 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 6.50 ACRES AS DESCRIBED. PROPERTY DESCRIPTION PARCEL 2 A TRACT OF LAND SITUATED IN LOTS 6, 7, 8 AND 18, SECTION S5; TOWNSHIP' 7. SOUTH; RANGE 88 WEST OF THE SIXTH P.M., GARFIELD COUNTY, COLORADO AND BEING A PORTION OF THOSE TRACTS OF LAND AS DESCRIBED IN DOCUMENTS RECORDED UNDER RECEPTION NUMBERS 372300, 380981 AND 478497 OF THE RECORDS OF SAID COUNTY, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF PARCEL 2 OF THAT TRACT OF LAND DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION #372300 BEARS N.86'48'34'W. A DISTANCE OF 1-54:34- FEET, THEN N:00'5-3'3*"E: A- DISTANCE OF 22:18- FEET; THEN- N.05'37'17"E. A DISTANCE OF 254.52 FEET; THEN N.22'05'22"E. A DISTANCE OF 579.78 FEET TO THE THREAD OF THE ROARING FORK RIVER; THEN ALONG THE THREAD OF SAID RIVER THE FOLLOWING TWO COURSES: 1) 5.49'06'50'E. A DISTANCE OF 37.08 FEET; 2) S.5217'07'E. A DISTANCE OF 428.00 FEET; THEN DEPARTING SAID RIVER S.45'27'53'W. A DISTANCE OF 487.23 FEET; THEN 5.30'51'00"E. A DISTANCE OF 95.91 FEET; THEN S.05'52'00'E. A DISTANCE OF 140.78 FEET TO THE SOUTHERLY UNE OF SAID TRACT AS DESCRIBED IN DOCUMENT RECORDED UNDER RECEPTION #478497; THEN ALONG SAID SOUTHERLY UNE S.89'42'00'W. A DISTANCE OF 38.34 FEET; THEN ALONG THE SOUTHERLY UNE OF THAT TRACT Or LAND- AS DESCRIBED" IN SAID- DVCUUENT RECORDED UNDER' RECEPTION #380981 THE FOLLOWING - TWO COURSES: 1) N.39'05'41'W. A DISt'ANCE OF 40.99 FEET; 2) N.88'42'51-11. A DISTANCE OF 262.06 FEET TO THE POINT OF BEGINNING. SAID TRAC: OF LAND CONTAINS 5.83 ACRES AS DESCRIBED. PROPERTY DESCRIPTION PARCEL 3 A TRACT OF LAND SITUATED IN LOTS 6, 7 AND 18, SECTION 35, TOWNSHIP 7 SOUTH, RANGE . 88 WEST OF THE SIXTH P.M., GARFIELD COUNTY, COLORADO AND BEING A PORTION OF THOSE TRACTS OF LAND AS DESCRIBED IN DOCUMENTS RECORDED UNDER RECEPTION NUMBERS 372300, 380981 AND 478497 OF THE RECORDS OF SAID COUNTY, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF PARCEL 2 OF THAT TRACT OF LAND DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION #372300 BEARS N.84'31'06'W. A DISTANCE OF 482.49 FEET. THEN N.0532'00'W. A DISTANCE OF 140.78 FEET; THEN N.30'51'00'W. A DISTANCE OF 95.91 FEET; THEN N.45'27'53'E. A DISTANCE OF 487.23 FEET 70 THE THREAD OF THE ROARING FORK RIVER; THEN ALONG SAID RIVER THE FOLLOWING THREE COURSES: 1 S.5217'07'E. A DISTANCE OF 133.38 FEET; 2 S.65'58'137_ A DISTANCE OF 214.05 FEET; 3 5.8117'54'E. A DISTANCE OF 184.09 FEET TO THE EAST UNE OF SAID LOT 18; THEN DEPARTING SAID RIVER AND ALONG THE EAST UNE OF SAID LOT 18 S.00'29'05'E. A DISTANCE OF 251.82 FEET; THEN DEPARTING SAD EAST UNE N.68'31'45'W. A DISTANCE OF 68,78 FEET; THEN S.13 -26'48'W. A DISTANCE OF 76.62 FEET; THEN S.22'08'54'W, A DISTANCE OF 66.34 FEET TO THE SOUTHERLY BOUNDARY OF THAT TRACT OF LAND AS DESCRIBED IN SAID DOCUMENT RECORDED UNDER RECEPTION #478497; THEN ALONG SAID SOUTHERLY BOUNDARY THE FOLLOWING TWO COURSES: 1) S.8914'57'W. A DISTANCE OF 287.67 FEET; 2) S.89'42'00'W. A DISTANCE OF 374.37 FEET 10 THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 7.47 ACRES AS DESCRIBED. i t*na for r.,.,a.E x b i h i t .3 ao, of A. D. te..-.., al m'alooa,.,,tq, it No. is r ]a i 9 ti �i I, m44e thio 29th day of Octobar Vo. 43 to the year of our Lord one thousand nine hundred and sixty-five between :e.#232482 IOUISE GLOVER DEANE of the County of Garfield and State of Colorado, of the first part, and MIC1HAEL 0, HAVEY and MABEL A. HAVEY of the County of Garfield and State of Colm•udu, of tho second part; Witnesseth, That the said part y of tha first part, for and in consideration of the stun of One Dollar and other good and valuable considerations to the said part Y of tho first part In hand paid by tho said parties of tho a000nd part, the receipt whereof lax hereby confessed and Acknowledged ha s ff remised, released, sold and quit -claimed, and Ly the presents do remise, release, sell and quit claim, unto the said parties of the second part, not In tenancy In common but in Joint tenancy, the survivor of them, their assigns and tho hairs and assigns of such survivors forever, all the following 'Wallas' let__ tet. -parcel of laud, situate,.]ying_and being In. the County of Carf ie ld c State of Colorado, to.witt —and .. Tha easement and right of way along the roadway as constructed and in use across the Easterly side of Lot 4 and across the Southerly side of Lots 5 and 6, Section 35, Township 7 South, Range 88 [Jest 6th P.M., used as a means of ingress and egress to the property of second parties located in Lots 6 and 18 of said Section 35 as described in the Warranty Deeds recorded in Book 232 at Page 422 and Book 266 at Page 370 of the Garfield County, Colorado records; and said easement being across the lands of first party as described in Book 300 at Page 384 of said Garfield County, Colorado records, Said easement shall be used as a private roadway, providing, however, said driveway may be dedicated to a public use by the mutual agreement of the parties then entitled to the use thereof. Also said easement shall be used jointly by the parties hereto, their heirs and assigns, 'fu Ilave and to Elold the Smile, Toge0ier •oi:.. an cr,d ;h:,;ulrr the appurtenances and privileges thereunto Lclunging or in anywise thereunto appertaining, >.>;d all the est:'.,, right title, interest rind claim whatsoever of tho said part Y of the first pint, either in inv.' or equity, to the •;:;ly ,,roper use, benefit end behoof of rho said parties of the second part, the survivors of them, U it assigns at,d the heirs and assigns of said survivora forever. the day andtyear fi stness rabove wThe iteu, part y of the first Part ha s hereunto sot her hand and seal Signed, Sealed and Delivered in the Presence of • l7II�.. w5ClI STATE or CoLoBAUO, County of Pitkin }ss' 1,._..... .. . .. Yvonne Kirkland, Pitkin u Notary Public in and for maid County, in tl:e State aforesaid, do hereby certify that LOUISE GLOVER DEANE a , who is personally known to mo to bo the person • whose Homo is i 01-iscrk,t1 •(U ,the fpreguing Deed, Appeared before mo this day in person, and acknowledged that she ;lixtcd ,❑ri�tlfllycred the Bald Instrument of writing AS her eigncd, E free rind voluntary pct, for the uses and purposes . Cicei,Tgnii4 my hand oral seal, this 29th day of OctoberA. A.D. ID 65 r 'lfy, �nuni5sion,expires Ja:wnry , 1>, luu`l, t i• II` tet ry.p eraryPaU ,, Ga.At�1 Ulla:fi�TO 7D h r:>:, • Oat i>'„t P, >,dl,.y and Sloacn.r, ('.o., .:..:._ ..,.: ,...,..._._...: .�n:........,,�,,. Filed for recordNovember 24, 1965 at 1:53 o f ry GP.M... a and ( roroeo in Book 371 at page 340 thereof, clock .Mand rt corlie�l g5 •l