HomeMy WebLinkAbout1.0 Application•
BEA! THE BOARD OF COUNTY COMMISSIOiQERS 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 January 2, 1979
Section 2.02.01 (d) and 3.02.01 the undersigned Allen G. Johnson, Ronald F.
Radtke and Clyde York, Jr. respectfully petitionws the
Board of County Commissioners of Garfield County, Colorado, to exempt by resolu-
tion the division of .38 acre tract of land into 2 tracts of
approximately .20 and .18 acres each, more or less, from the difinitions of
"subdivision" and "subdivided land" as the terms are used and defined in C.R.S.
(1973) Section 30-28-101 (a) - (d) and the Garfield County Subdivision Regulations,
for the reasons stated below:
. . . - - . .. . -•
_..
company more than 5 years ago in two separate parcels,
which are_ the
Mme parcels for which this division is sought.
In support of this petition, the petitioner also submits the following:
(a) Map drawn to scale showing proposed lot
subdivision and access
(b) Copy of deed
(c) Vicinity Map
(d) State on source of domestic water
(e) Statement on method of sewage disposal
(f) 100 year floodplain information where
live stream crosses or adjoins said tract
(g) Fee in the amount of $ 51.00
(h) Evidence of the soil types
Submitted at Glenwood Springs, Colorado, this day of , 19
eti ti oner's /477y
Mailing Address /��J�
67? -4,G -G' aC7 C/27 S L�1 !p cr/6 G/
`SYS -S 4 7y
Telephone Number
a
EXEMPTION
PURPOSE OF EXEMPTI N: . 3 8g'I..
. e C
ftty w0, r st*
l 1r.
Ute- � ��✓ �K
-41-1.6..eAr -At-lee-4Q 4-7
ZONING: CA.404
QUALIFICATION FOR S.B. 35 .O.(,� /aez��
i
LOCATION OF SITE: 341 sQ 1 . )0✓ ga. (s1r5 x.89*✓) 3g 'tx
y
WATER:
gslYNAWit: .6)La
DIV. OF WATER RESOURCES RESPONSE:
SEWER: �/��
CHECK LIST::
FEE PAID ($50 +1.00/acre for each parcel created under 35 acres)
MAP showing proposed lots and access
x DEED
VICINITY MAP
WA 100 yr floodplain info.
ivjeA SOIL NAP f;or Avo,1IabIt at" v5 ^ve.)
AR IF community water, letter of approval from governing body
COMMENTS:
3/A/2 / r 4aftv, A )2,40,.
•
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'56
Recorded at. ...
_./3Opp�ir�k it!_,� ♦ C 1 $
Reception No aa77..__ _ CC77 aa33_
THIS DEED, Made this l-3A.L` day of J .1980.
between C & D SERVICE CO., INC., a.k.a. C & D SERVICE
COMPANY, INC., a Colorado corporation,
of the County of Garfield and state of
Colorado, of the first part, and
CLYDE YORK, JR.
whose legal address is 621 West 11th Street, Glenwood
reorl%riK 558 rocE73].
EC(ThDER•S STAMP
OCT 2 81980
MITE 4111ali^.1FP 111
Springs, CO 81601,
of the County of Garfield and state of
Colorado, of the second part.
WITNESSETII. That the said party of the first part. for and in consideration of the sum of
TENj•,DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION XMKX.Z>a
to the said part y of the first part in hand paid by the said part y of the second part. the receipt whereof,
is hereby confessed and acknowledged. ha gremised, released. sold, conveyed and QUIT CLAIMED. and by these
presents do es remise. release. sell. convey and QUIT CLAIM unto the said part y of the second part, his heirs.
successors and assigns. forever, all the right. title, interest. claim and demand which the said pert y of the first part
ha 8 in and to the following described lot or parcel of land situate. lying and being in the County
of Garfield and State of Colorado. to wit:
9
See Exhibit "A," a copy of which is attached hereto
and incorporated herein by this reference. e
NO STATE DOCUMENTARY FEE REQUIRED — CONSIDERATION LESS THAN $100.00
TO HAVE AND TO HOLD the same. together with all and singular the appurtenances and pri,titeten then, uritti
belonging or in anywise thereunto appertaining. and all the estate. right. title, interest and clair�e•.0A.: fie p 0l 4,e .
said part y of the first part. either in law or equity. to the only proper use. benefit and behoo? of r id pail j� d{
the second part. his heirs and assigns forever. • ' fit/; $ J..
IN WITNESS WHEREOF. The said party of the first part ha a hereunto set its hgnJ $3 - 4. -'
and seal S the day and•year first above written. C & D SERVICE CO.., iC.tY �fj a. ....---i
8; D_
. SERIICE _COMPANY ,_IMGs _�_3'EAL1-
Si e S ed d,Delivered in the Presence of Color. por- ion:,.,
By • l �sT�i[ '
1T . .t.y ........
C Pres de' %'
[SE.�Lj
[SEAL]
Se retar r
• .. 0 STAT1i~C4COLORA I O.
1.
x o/I o
County of Garfield /sis.
' The foregoing instrument was acknowledged before me this 2-3 "a day of
Lg80 by• CLYDE YORK, JR., as President, and MILDRED V. YORK, as Secretary of
�G & b SERVICE CO., INC., a.k.a. C & D SERVICE COMPANY, INC., a Colorado
•,`corporation.
I y commission expires 240,197. Witness my hand
.6 Go
:.*••04 IBC It • sgi
and,affical peal.
No. 833. QUIT CLAIM DEEM.— a.wt«d Penns nine. 15105 West 4,5 A.enu., Golden. Colorado 10401 —11031575-0441-24e
N rabtk.
11
%ELD
•
i
EXHIBIT "A" - Page 1
BOOK 55S PAGE732
A parcel of land situated in Lot 9, of Section 1, Township 7
South, Range 89 West of the Sixth Principal Meridian, lying
Southerly of the Southerly right of way line of the Denver
and Rio Grande Western Railroad (Aspen Branch) and Northerly
of the Northerly right of way line of a County Road as
constructed and in place (old Colorado State Highway No. 82),
said parcel of land is described as follows:
Beginning at a point on the Southerly right of way line
of said railroad whence an iron post with a brass cap
found in place and properly :narked for the Northwest
Corner of said Lot 9, bears N. 57°36'00" W. 896.77 feet
and N. 00°38'00" W. 97.29 feet; thence 188.39 feet along
the arc of a curve to the right, having a radius of
1809.86 feet, the chord of wnich bears S. 54°37'05" E.
188.30 feet; thence S. 00734'0)" E. 54.14 feet to a
point en the Northerly right of -way line of said
highway; thence N. 53°28'51" W. 218.07 feet along the
Northerly right of way line of said hignway; thence
N. 32°24'00" E. 39.55 feet to a point on the Southerly
right of way line of said railroad, the point of
beginning.
A parcel of land situated in the NW;SW: of Section 22, Township
6 South, Range 89 West of the Sixth Principal Meridian, lying
Southerly of the Southerly right of way line of South Grand
Avenue extended Southerly being the same as the Southerly right
of way line of the Old State Highway No. 82 and Northerly of
the centerline of the Roaring Fork River, said parcel of land
is described as follows:
Beginning at a point on the Southerly right of way line
of said highway whence the West Quarter Corner of said
Section 22 bears N. 51°14'47" W. 1440.98 feet; thence
S. 80°38'00" E. 144.55 fecc along the Southerly right
of way line of said highway; thence S. 00°09'00" E.
220.00 feet to a point in the center of said river;
thence N. 80°38'00" W. 104.55 feet along the center of
said river; thence N. 00°09'00" W. 55.00 feet; thence
N. 80°38'00" W. 40.00 feet; thence N. 00°09'00" W.
165.00 feet to a point on the Southerly right of way.
line of said highway, the point of beginning.
• • aoox 558 rAGE733
EXHIBIT "A" - Page 2 -%
A parcel of land situated in Lot 9 of Section 1, Township 7
South, Range 89 West of the Sixth Principal Meridian lying
Southwesterly of the Southwesterly right of way line of the
Denver and Rio Grande Western Railroad (Aspen Branch) and
Northeasterly of the Northeasterly right of way line of a
county road as constructed and in place (Old State Highway
Number 82) described as follows:
Beginning at a'point on the Southwesterly right of way
line of said railroad, said point being on the
northeasterly right of way line of said county road;
whence an iron post with a brass cap found in place and
properly marked for the witness point to the southeast
corner of said Lot 9 bears S. 54°23'44" E. 275.72 feet;
thence N. 53°23'00" W. 295.16 feet along the
northeasterly right of way line of said county road;
thence N. 00°34'00" W. 54.14 feet to a point on the
southwesterly right of way line of said railroad; thence
331.39 feet along the arc of.a curve to the right having
a radius of 1375.07 feet, the chord of which bears
S. 45°53'20" E. 330.71 feet to the point of beginning.
The above described parcel of land contains 0.18 acres,
more or less.
�t _
Reoiztion No. 2962,51Mildrod Alodorf, Reoordor
No. 36. WARRANTY Dr-ED—Short 11111–l)r•dford Trtnttn Q, )624-/6 Stout r+trni, Drnvrr, Cdo--6-71
BOOK 53:4 PAGE8UQ
THIS DEED, made this llth day of June , 19 79 , between
CLARENCE F. DAWSON-and BETTY S. DAWSON
of the County of Garfield and State of Colorado, of the first part, and
•
C & D SERVICE COMPANY, INC., a Colorado Corporation, 5302 154 Rd., Glenwood
Springs, Colorado 81601
of the County of Garfield and State of Colorado, of the second part:
WITNESSETH, That the said part les of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable considerations xXXXX1
to the said partieS of the first part in hand paid by the said party of the second part, the receipt
whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents
do grant, bargain, sell, convey and confirm, unto the said party of the second part,
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being
in theCounty of Garfield and State of Colorado, to wit:
A parcel of land situated in Lot 9 of Section 1, Township 7 South, Range 89 West
of the Sixth Principal Meridian lying Southwesterly of the Southwesterly right-
of-way line of the Denver and Rio Grande Western Railroad (Aspen Branch) and
Northeasterly of the Northeasterly right-of-way line of a county road as
constructed and in place (Old State Highway Number 82) described as follows:
Beginning at a point on the Southwesterly right-of-way line of said railroad,
said point being on the northeasterly right-of-way line of said county road;
why cue an`iron post with a brass cap found in place and properly marked for
the 'witness point to the southeast corner of said Lot 9 bears S. 54°23'44"
E,,37.72 feet; thence N. 53°23'00" W. 295.16 feet along the northeasterly
right-of-way line of said county road; thence N. 00°34!00" W. 54.14 feet to a
point on the southwesterly right-of-way line of said railroad; thence 331.39
feet along the arc of a curve to the right having a radius of 1375.07 feet,
the chord of which bears $, 45°53'20" E, 330.71 feet to the point of beginning.
The above described parcel of land contains 0.18 acres, more or less.
AUG 8I1�
$TPI nDC(L J TARP FEE
(Consideration less than Five Hundred Dollars)
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and
all the estate, right, interest, claim and demand whatsoever of the said partieS of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto
the said party of the second part, its heirs and assigns forever. And the said part ies
of the first part, for them set ves, and their heirs, executors, and administrators, do covenant,
grant, bargain and agree to and with the said party of the second part, its heirs and assigns,
that at the time of the ensealing and delivery of these presents they are well seized of the premises above
conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have
good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, Iiens, taxes, as-
sessments and encumbrances of whatever kind or nature soever., except 1973 property taxes, due
and payable in 19.74 and years sul?sequent thereto, prior mineral reservations,
patent reservations and all easements and rights of way of a public or private
nature,
and the above bargained premises in the quiet and peaceable possession of the said party of the second part,
its heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole
or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND.
1N WITNESS WHEREOF, The said parties of the first part have hereunto set their -•
band S and seal s the day and year first above written.
Signed, Sealed and Delivered in the Presence of
I
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w4 -so -in
etty
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s
NG
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• •
STATE OF COLORADO,
------- ... .._-.--_...-._.-__--County of -_Garfield_-___ as.
said
BOOK 532 PAcc801
, a Notary Public in and for
County, in the State aforesaid, do hereby certify that
CLARENCE F. DAWSON and BETTY S. DAWSON
who a R t personally known to me to be the
person S whose names ARP subscribed to the foregoing Deed, appeared before me this day in person and
acknowledged that -tAry signed, sealed and delivered the said instrument of writing as
free and voluntary act and deed for the uses and purposes therein set forth.
Given under my hand and official seal, this /a-4" day ofca� .,"; .1,Y. 7.74,•.;
Oy`;o.CtdClC� y„
Ls__ ..:- ..••
,e __(.0.e:;..;,k I 7y4 ' `',1
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.4 ry . ..............•
ih Eat
My commission expires
My commission expires July 22, 1981'
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BOK 458 PACE 158 orded at..._�-- y o'clock -7;1M.,
Reception No.. G12
THIS. DEED Made this 19th
day of March
:19 74 , between CLARENCE F. DAWSON and BETTY S. DAWSON
of the
County of Garfield and State of Colo-
rado, of the first part, and
C & D SERVICE COMPANY, INC.'
a corporation organized and
existing under and by virtue of the laws of the State of Colorado
of the second part:
WITNESSETH, That the said part ies of the first part,
RECORDER'S STAMP
STgJ 411CU IEfirAR19 / 4
X11K�{.3C)
for and in , consideration of the sum of
Ten Dollars and other good and valuable considerations )DINsura
IDMt
to the said parrtie S of the first part in hand paid by the said party 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 party of the second part, its successors and assigns forever,
all of the following described lot or parcel of land, situate, lying and being in the
County of Gar f ie ld and State of Colorado, to wit:
A tract of land situated in Lot 9 of Section 1, Township 7South, Range 89 West of
the 6th Principal Meridian lying southwesterly of the Denver and Rio Grande Wester
Railroad (Aspen Branch) and northeasterly of a county road as constructed and in
place (Old State Highway Number 82) described as follows:
Beginning at a point on the northeasterly line of said road whence an
iron post with brass cap found in place and properly marked for the
southeast corner of said Lot 9 bears S. 57°48'55" E. 179.49 feet;
thence N. 53°23'00" W. 383.32 feet along the northeasterly line of
said road; thence N. 00°34'00" W. 69.20 feet; thence along the arc
of a curve to the right 429.71 feet to the point of beginning, containing
0.33 acres, more or less.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said party of the second part, its successors and assigns forever. And the said part ies of the first part, for
them selves ,&/thiars, executors, and administrators, do covenant, grant, bargain and agree to and with
the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of
these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and haVe good right, full power and lawful authority to
grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from
all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature
soever, except 1973 property taxes, due and payable in 1974 and years subsequent
thereto, prior mineral reservations, patent reservations and all easements and
rights of way of a public or private nature,
and the above bargained premises in the quiet and peaceful possession of the said party of the second part, its
successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part
thereof, the said part of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said part of the first part haVe hereunto set their han
and seal s the day and year fast above written.
Signed, Sealed and Delivered in the Presence of
[SEAL]
STATE OF COLORADO,
County of
GA RF IE LD as.
The foregoing instrument was acknowledged before me this
19 74 ,by CLARENCE F. DAWSON and BETTY S. DAWSON.
,,�,tillu"",,,,, / /?71 •
My corct�YSs gniexpired��
•
WITNESSm inti,f `'effiicial seal.
`
..�,r•�•. `� •re-:
r
day of 61 ,
Notary Public. ".
No. 952. WARRANTY DYF+D TO CORPORATION—For Photographic Record.
--Bradford Publishing Co., 1821-15 Stout Street, Denver, Colorado -7-71
4:16 P. February 21, 1973 Book 441 `ca
Recorded at. • o'clock M., Page 61
Reception No...1Q4...... E11a...S.te.pb.e.n.i Recorder.
THIS DEED, Made this 14th day of February , 19 73 , between
WILLIAM R. SLATTERY and JUDITH SLATTERY STATE DOCUMENTARY FEE
of the County of Garfield , and State of Colorado, of the first part, and
C & D SERVICE C0., INC.,
a corporation duly organized and existing under and by virtue of the laws of the State of Colorado
of the second part;
WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable consideration, Eit9LEARRE
to the said part ies of the first part in hand paid by the said party of the second part, the receipt whereof is
hereby confessed and acknowledged, ha Ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever,
all of the following described or parcel of land, situate, lying and being in the
County of Garfield , and State of Colorado, to -wit:
A parcel of land situated in Lot 9, of Section 1, Township 7 South,
Range 89 West of the Sixth Principal Meridian, lying Southerly of the
Southerly right-of-way line of the Denver and Rio Grande Western
Railroad (Aspen Branch) and Northerly of the Northerly right-of-way
line of a County Road as constructed and in place (old Colorado State
Highway No. 82), said parcel of land is described as follows:
Beginning at a point on the Southerly right-of-way line of said
railroad whence an iron post with a brass cap found in place and
properly marked for the Northwest Corner of said Lot 9, bears:
N. 57°36'00" W. 896.77 feet and N. 00°38'00" W. 97.29 feet;
thence 188.39 feet along the arc of a curve to the right, having a
radius of 1809.86 feet, the chord of which bears: S. 54°37'05" E.
188.30 feet;
thence S. 00°34'00" E. 54.14 feet to a point on the Northerly
right-of-way line of said highway;
thence N. 53°28'51" W. 218.07 feet along the Northerly right-of-way
line of said highway;
thence N. 32°24'00" E. 39.55 feet to a point on the Southerly
right-of-way line of said railroad, the point of beginning.
No. 995. R.v. 'ab—WARRANTY DEED—Long Porn Individual to Corporation.
—Bradford Publishing Co., 1824-46 Stout Street, Denver. Colorado
• •
Book 441 Page 62
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsover of the said part ies of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the
said party of the second part, its successors and assigns forever. And the said William R. Slattery and
Judith Slattery
parties of the first part, for them sel ves, their
heirs, executors and administrators, do covenant, grant, bargain and agree to and with the said party of the
second part, its successors and assigns, that at the time of the ensealing and delivery of these presents they
are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate
of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, Bell
and convey the same in manner and form aforesaid, and that the same are free and clear from all former and
other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever.,
except 1972 general property taxes and special assessments, easements and
rights-of-way of record, United States Patent reservations and exceptions of
record, mineral reservations and leases of record, easement and right-of-way
for the uninterrupted flow of the Glenwood Ditch,
and the above bargained premises in the quiet and peaceable possession of the said party of the second part, its
successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part
thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said part ies of the first part have hereunto set their
hands and seals . the day and year first above written.
Signed, Sealed and Delivered in Presence of 1 kiliA:gxt y„, �_' _- SEAL)
l +
WI.R. Slattery
( (SEAL)
Judith tery
J,(SEAL)
(SEAL)
(SEAL)
(SEAL)
STATE OF COLORADO,
County of Garfield
} 88.
The foregoing instrument was acknowledged before me this /.5 day of February
1973 , by WILLIAM R. SLATTERY and JUDITH SLATTERY.
'. „Itty'boiiimission expires
f\.... t,
r.
q
z ;
, 191.3 . Witness my hand and official seal.
Notary Public.
rt J
Rcu,1;+;cn N .. •
_
0-9-0 85 MILD:Er` AL5DORF,
QUIT CLAIM DEED
B,,?X 559 r',�E,34
TMO
!Tri- gPPRVC rARY iEE
ALLEN G. JOHNSON, RONALD F. RADTKE, and CLYDE YORK,
JR. of the County of Garfield and State of Colorado, gran-
tors, for TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSID-
ERATION in hand paid, hereby release, remise and quit
claim an undivided one-third interest to ALLEN G. JOHNSON
whose address is 1111 West Bank Road, Glenwood Springs,
Colorado 81601, an undivided one-third interest to
RONALD F. RADTKE whose address is 1034 West Bank Road,
Glenwood Springs, Colorado 81601 and the remaining undi-
vided one-third interest to CLYDE YORK, JR. whose address
is 621 West llth Street, Glenwood Springs, Colorado 81601,
grantees, in and to the following described real property
situate in the County of Garfield and State of Colorado,
to -wit:
See Exhibit "A" attached hereto and incorporated
herein by this reference.
TO HAVE AND HOLD the same together_ with all appurte-
nances and privileges thereto belonging or anywise thereto
appertaining.
Signed this .�_ day of
A.D. 1980.
Allen G. Johnsen
•i t
Donald F. Radtke
I
Clyde York, Jr.
STATE OF COLORADO )
COUNTY OF GARFIELD)
ss.
B!V K 559 pGE346
The foreycing instrument was acknowledged before me
this day of , A.D. 1980, by ALLEN G.
JOHNSON.
Witness my hand and official seal.
My commission expires:
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD)
N} Co:r....,_
Notary Public
.i. 1/, t%F.:2
''fl(1
U
,('.i , LJ
--- ,.,.,,,,.•r
The foregoing instrument was acknowledged before me
this day of , A.D. 1980, by RONALD F.
RADTKE.
Witness my hand and official seal.
My commission expites: f\A,;
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD)
11 27, 198.
' -1r.• I.1(f
err J.
The foregoing instrument was acknowledged before me
this day of , A.D. 1980, by CLYDE
YORK, JR.
Witness my hand and official seal.
My commission expires: ig‘bs.•<I, Prt;t
Notary Public
•
_ ...i j.1 J.,
.' 1
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syn • Ix r S) PMGE3347
EXHIBIT "A" - Page 1
A parcel of land situated in Lot 9, of Section 1, Township 7
South, Range 89 West of the Sixth Principal Meridian, lyin,
Southerly of the Southerly right of way line of the Denver
and Rio Grande Western Railroad (Aspen Branch) and Northerly
of the Northerly right of way line of a County Road as
constructed and in place (old Colorado State Highway No. 82),
said parcel of land is described as follows:
Beginning at a point on the Southerly right of way line
of said railroad whence an iron post with a brass cap
found in place and properly marked for the Northwest
Corner of said Lot 9, hears N. 57°36'00" W. 896.77 feet
and N. 00°38'00" W. 97.29 feet; thence 188.39 feet along
the arc of a curve to the right, having a radius of
1809.86 feet, the chord of which bears S. 54°37'05" E.
188.30 feet; thence S. 00°34'00" E. 54.14 feet to a
point on the Northerly right of way line of said
highway; thence N. 53°28'51" W. 218.07 feet along the
Northerly right of way line of said highway; thence
-N. 32°24'00" E. 39.55 feet to a point on the Southerly
right of way line of said railroad, the point of
beginning.
A parcel of land situated in the NW1/4SW1/4 of Section 22,
Township 6 South, Range 89 West of the Sixth Principal
Meridian, lying Southerly of the Southerly Light of way line
of South Grand Avenue extended Southerly being the same as
the Southerly right of way line of the Old State Highway No.
82 and Northerly of the centerline of the Roaring Fork River,
said parcel of land is described as follows:
Beginning at a point on the Southerly right of way line
of said highway whenee the West Quarter Corner of said
Section 22 bears N. 51°14'47" W. 1440.98 feet; thence
S. 80°38'00" E. 144.55 feet ,along the Southerly right of
way line of said highway; thence S. 00°09'00" E. 220.00
feet to a point in the center of said river; thence
N. 80°38'00" W. 104.55 feet along the center of said
river; thence N. 00°09'00" W. 55.00 feet; thence
N. 80°38'00" W. 40.00 feet; thence N. 00°09'00" W.
165.00 feet to a point on the Southerly right of way
line of said highway, the point of beginning.
• •
EXHIBIT "A" - Page 2
b,1QK 559 PAGE34S
A parcel of land situated in Lot 9 of Section 1, Township 7
South, Range 89 West of the Sixth Principal Meridian lying
Southwesterly of the Southwesterly right of way line of the
Denver and Rio Grande Western Railroad (Aspen Branch) and
Northeasterly of the Northeasterly right of way line of a
county road as constructed and in place (Old State Highway
Number 82) described as follows:
Beginning at a point on the Southwesterly right of way
line of said railroad, said point being on the
northeasterly right of way line of said county road;
whence an iron post with a brass cap found in place and
properly marked iur the witness point to the southeast
corner of said Lo,_ 9 bears S. 54°23'44" E. 275.72 feet;
thence N. 53°23'00" W. 295.16 feet along the
northeasterly right of way line of said county road;
thence N. 00°34'00" W. 54.14 feet to a point on the
southwesterly right of way line of said railroad; thence
331.39 feet along Lhe arc of a curve to the right having
a radius ,)f 1375.07 feet, the chord of which bears
s. 45°53'20" E. 330.71 feet to the point of beginning.
The above described parcel of land contains 0.18 acres,
more or less.
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gated
ILng Engineer*
iurveyors
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:erei E TcU.er Rohert D Scarrow Mann Oloford Rct'ert A Wamsiey
A parcel of land situated in Lot 9 of Section 1, Township 7
South, Range 89 West of the Sixth Principal Meridian lying
Southwesterly of the Southwesterly right-of-way line of
the Denver and Rio Grande Western Railroad (Aspen Branch)
and Northeasterly of the Northeasterly right-of-way line
of a county road as constructed and in place (Old State
Highway Number 82) described as follows:
Beginning at a point on the Southwesterly right-of-way line
of said railroad, said point being on the northeasterly right-
of-way line of said county road; whence an iron post with a
brass cap found in place and properly marked for the witness
point to the southeast corner of said Lot 9 bears S. 54°23'44"
E. 275.72 feet; thence N. 53°23'00" W.•295.16 feet along the
northeasterly right-of-way line of said county road; thence N.
00°34'00" W. 54.14 feet to a point on the southwesterly
right-of-way line of said railroad; thence 331.39 feet along
the arc of a curve to the right having a radius of 1375.07 feet,
the chord of which bears S. 45°53'20" E. 330.71 feet to the point
of beginning. The above described parcel of land contains 0.18
acres, more or less.
May 31,, 1979
KKBNA/SCARROW AND WALKER/INC.
1001 Grand Avenue
Glenwood Springs, CO 81601
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•
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GARFIELD COUNTY
COLORADO
•
A parcel of land situated in Lot 9, of Section 1, Township 7 South, Ranee 89 West
of the Sixth Principal Meridian, lying Southerly of the Southerly right-of-way
line of the Denver:and Rio Grande Western Railroad (Aspen Branch) and Northerly
of the Northerly right-of-way line of a County Road as constructed and in place
(old Colorado State Highway No. 82), said parcel of land is described as follows:
Beginning at a point on the Southerly right-of-way line of said railroad whence an
iron post with a brass cap found in place and properly marked for the Northwest
Corner of said Lot 9, bears: N.5.7'36'00" W. 896.77 feet and N.00'38'00" W. 97.29
feet; thence 188.39.feet along the arc of a curve to the right, having a radius of
1809.86 feet, the chord of which bears: S.54'37'05" E. 188.30 feet; thence S.00'34'00"
E. 54.14 feet to a point on the Northerly right-of-way line of said highway; thence
N.53'28'51" W. 218.07 feet along the Northerly right-of-way line of said highway;
thence N.32'24'00" E. 39.55 feet to a point on the Southerly right-of-way line of
said railroad, the point of beginning.
The a' described parce; of land contains 0.20 acres, more or less.
Noy". 1972 SCARROW AND �ti:1ih,: i INC.
RabE.r t D. Scar row
Regist;red Land Surveyor
Adjo.ning 2185-36
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• •
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Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed. •
COLimp,DO DIVISION OF WATER RESOD S
101 ne Bldg., 1845 Sherman St., Denver, Coloralgt
• PERMIT APPLICATION FORM
• (R ) A PERMIT TO USE GROUND WATER
( X) A PERMIT TO CONSTRUCT A WELL
FOR: ( ) A PERMIT TO INSTALL A PUMP
( ) REPLACEMENT FOR NO
( ) OTHER
RECEIVED
JUL 373
tFR PCW
rt
(1-) APPLICANT - mailing address
NAME C & D SERVICE CO., INC.
STREET 709 Cowdin
CITY Glenwood Springs, Colorado 81601
TELEPHONE NO
(State) (Zip)
945-7776
(2) LOCATION OF PROPOSED WELL
Garfield
County
Lot 9 NYIEWV,R000acocc000T4, Section
Twp, 7 S. , Rng. 89 W.
6th P.M.
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm)
15 gpm
Average annual amount of ground water
1 acre foot
} to be appropriated (acre-feet):
Number of acres to be irrigated: None
Proposed total depth (feet): 100 .feet-
Aquifer
eet.Aquifer ground water is to be obtained from: _
Gravel
Owner's well designation C & D Well #1
GROUND WATER TO BE USED FOR:
( ) HOUSEHOLD USE ONLY - no irrigation (0)
(X) DOMESTIC (1) ( ) INDUSTRIAL (5)
( ) LIVESTOCK (2) ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
( ) OTHER (9)
(4) DRILLER
Name Collins Drilling Co.
Street
South of Carbondale
City Carbondale, Colorado 81623
(Zip)
(State)
Telephone No. 963-2812 Lic. No 634
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 --4
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
APPROVED FOR DRINKING AND SANITARY FACILITIES Its
AN INDIVIDUAL COMMERCIAL BUS INESS, PURSUANT TO
SECTION 148-21-45, CRS 1963, AS AMENDED.
RETURN FLOW FROM THE USE OF THIS WELL MUST BE
RETURNED TO THE SAME STREAM SYSTEM IN WHICH THE
WELL IS LOCATED. J2JZ % off•¢ /f7S
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
•'70237
JUL 24/3
JUL 241975
BY
I.D.._ 3
COUNTY
-3
(5) THE LOCATION OF THE PRONSED WELL and the area on
which the water will be used must be icated on the diagram below.
Use. the CENTER SECTION (1 section, 640 acres) for the well location.
- 1- - -{- - }- - -I- — -+- - -{ � - 4-
I
I4 1 MILE, 5280 FEET
-i- A- + + +
NORTH SECTION LINE
(6) THE 1L MUST BE LOCATED BELOW
by distlelks from section lines.
,1,449.67 ft. from North sec. line
(north or south)
1,434.23 ft from East sec. line
(east or west)
1 II
II
- --1---
I
— c-1-
V
'h 1
Vi
— —
2-Pt
I
I
1
1
1
1
ECTION LINE
m
N
m
n
O
z
r -
Z
LOT • BLOCK
FILING w
SUBDIVISION Sec. 1, T.7S., R.89W.,6thP.M.
(7) TRACT ON WHICH WELL WILL BE
LOCATED
No. oV acres 0.20 Will this be
the only well on this tract? Yes
(8) PROPOSED CASING PROGRAM
Plain Casing
7 in from - 0 ft to
7 in from
Perforated casing
70
70 ft
ft to 90 ft.
in from
ft. to ft.
+- 4. 4 4
-
in from
ft to ft.
(9) FOR REPLACEMENT WELLS give distance
and direction from old well and plans for plugging
it:
The scald of the -diagram is 2 inches = 1 mire
Each small square represents 40 tacre5. I
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second (cfs) ... 449 gallons per minute (gpm)
A family of 5 will require approximately 1 acre-foot of water per year.
1 ..cre-foot ... 43,560 cubic feet ... 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4A2 acre-feet.
•
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s):
C & D Service Co., Inc.
Legal description -In Lot 9, Sec. 1, T. 7 S., R. 89 W., 6th P.M.
No. of acres: 0.20
(11) DETAILED DESCRIPTION of the use of ground water:
For bathroom facilities in plumbing office and shnp
(12) OTHER WATER RIGHTS used on this land, including wells.
Type or right Used for (purpose)
Description of land on which used
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRUE TO THE BEST 05 HIS KNOWLEDGE.
r
SIG TURE Of APPLICANTISI
Use additional sheets of paper if more space is required,
• •
JOHN L. KEMP
ATTORNEY AT LAW
811 COLORADO AVENUE
P. O. BOX 698
GLENWOOD SPRINGS, COLORADO 81601
PHONE (303) 9455474
February 3, 1981
Mr. Davis Farrar
Garfield County Planner
2014 Blake Avenue
Glenwood Springs, CO 81601
Re: Application for Exemption of Allen G. Johnson,
Ronald F. Radtke and Clyde York, Jr.
Dear Davis:
I am enclosing herewith a copy of the Petition for Exemption with
certain attachments.
Among the attachments are maps drawn to scale showing the proposed
lot subdivision and access. Also, a copy of several deeds in the
chain of title to both properties, a vicinity map, a well permit,
a check for the exemption fee in the amount of $51.00.
The flood plain information appears not to be necessary in this
case and the evidence of soil types is not available because the
Soil Conservation Service has sent their soil information back
to their Denver office for several weeks for redrafting.
I am enclosing with the Application a series of deeds involving
both properties. The purpose of enclosing these deeds is to show
that there has really been no substantial change in the title to
the property involving a change in the control over the property.
By Warranty Deed dated February 14, 1973, recorded in Book 441 at
page 61 of Garfield County records C & D Service Company obtained
title from Bill and Judy Slattery to the .20 acre parcel. An
exemption was obtained by Bill Slattery at that time for this
conveyance. By Deed dated March 19, 1974, recorded in Book 458
at page 158 C & D Service Company obtained title to the other
parcel which was originally described as .33 acres. C & D Service
Company was a corporation in the heating and air conditioning busi-
ness, the sole shareholders of which were Clyde York, Jr. and
Richard Woolley. About two years later Richard Woolley retired
from C & D Service Company and sold all of his stock in that company
to Clyde York, Jr. Therefore, as of approximately 1976 Clyde York,
Jr. owned all of C & D Service Company. In 1979 Mr. York discovered
that there were some survey problems with the property involving the
original acreage described as .33 acres. He demanded a correction
of this from Mr. Dawson under the provisions of his Warranty Deed.
• •
Mr. Davis Farrar
February 3, 1981
Page 2
This resulted in a correction deed dated June 11, 1979, recorded in
Book 532 at page 800 and a reduction in the acreage to .18 acres.
This deed is also enclosed. In October of 1980 C & D Service Company
entered into a merger agreement with Summit Heating and Sheet Metal
Company for the merger of the two companies in the heating and air
conditioning business. Upon the advice of their accountant it was
deemed best for tax purposes to liquidate C & D Service Company
pursuant to a plan of liquidation approved by the Internal Revenue
Service. This included a dissolution of C & D Service Company and a
transfer of its assets to Clyde York, Jr. and the principal share-
holders in Summit Heating. For this reason a deed was executed
dated September 23, 1980, recorded in Book 558 at page 731 to Clyde
York, Jr. transferring both of the parcels in question. Another
deed was executed on October 29, 1980, conveying a 1/3 interest in
the two parcels to each of the three applicants for the exemption.
No really effective change in ownership was accomplished by these
deeds. The deeds resulted in the present ownership from C & D Service
Company in order to accomplish the merger of the two companies and
save taxes. It is our contention that this comes within your exemp-
tion requirements for five years of continuous ownership.
Also, in regard to the septic system to be used on the two parcels
let me explain that there is an existing anaerobic septic system on
the .20 acre parcel whichwill be used for both of these parcels
jointly. Similarly, the .20 acre parcel contains a well which was
drilled pursuant to the well permit and which is now producing potable
water in sufficient quantities to service both properties.
I hope this answers all of your questions about the property. It has
been my pleasure to be of service to you.
Very ,rulyyours,
JLK:cmd
Enclosures
John L. Kemp