HomeMy WebLinkAbout1.0 Application6arfie/d County P/onning Deportment
BOCC ❑ Planning Commission
Project Name:
(Today's Date
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❑ BOA
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Type of Application:
O Special Use Permit
O Conditional Use Permit
O Subdivision Exemption
O Subdivision Final Plat
O Subdivision Final Plat Amendment
0 Subdivision Preliminary Plan
0 Amendment to
Public Hearing Est. Duration:
❑ Public Meeting Est. Duration:
❑ Consent Agenda
p_ Other /I -mein d e c
ke
To do what: n/1 00 -e �
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Meeting bate: Time:
/1_4/ f Z. 1:15 pm
I ' ❑ 10:00 am
Site Location: fil.,0 • SA CQ tt6oKaa k C
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Section / Township / Range: (optional) S 027 T-15 w
Applicant. g; I I 4" Kc 1'k e, 600 O C K c ( %im r) %1 `i acc c. g v1 f
Requested Action: k0 Approval ❑ Denial
Item Advertised? ❑ Yes If yes, when?
Staff Planner:
Mark Bean
Kit Lyon
O Randy Russell
O Greg Butler
X No
03/27/1995 00:16
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9705275292
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MCCARNEY PAGE 02
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STEVEN M. BEATTIE
GLENN D. CHADWICK
KAREN J. SLOAT
CYNTHIA C. TESTER
BEATTIE & CHADWICK
ATTORNEYS AND COUNSELORS AT LAW
710 COOPER AVENUE, SUITE 200
GLENWOOD SPRINGS, CO 81 601
March 13, 2001
Garfield County Planning Department and
Board of County Commissioners
109 8th Street, Third Floor
Glenwood Springs, Colorado 81601
TELEPHONE (970) 945-8659
FAX (970) 945-8671
E-MAIL: KARENS@LEATHERBY.COM
Re: Application of Kathie and Bill Bollock for Plat Amendment
Dear Planning Department personnel and County Commissioners:
As you may be aware, this office represents Kathie and Bill Bollock concerning their
application for an Amended Plat of the Dixon Subdivision Exemption (the "Exemption") in
Carbondale, Colorado. The Bollocks intend to proceed without counsel, for the most part, to
seek your approval of the Amended Plat. However, we are providing this letter to accompany
their Application and explain the reason for their request.
The Bollocks are under contract to purchase the subject parcel within the Exemption
owned by Mary McCarney ("Parcel B"). Copies of the deeds vesting title in Ms. McCarney, her
note authorizing the Bollocks to submit the Application, the Bollocks' title commitment with a
legal description of Parcel B, and the existing, recorded Dixon Subdivision Amended Plat, are
included with your packets.
Parcel B is abutted on the East by land owned by the Estate of John Powers (the
"Estate"). A fence was placed by someone some time ago near that easterly boundary line of
Parcel B (the "Boundary"), and title to the portion between the fence line and the platted
Boundary is disputed by the Estate and Ms. McCarney. To resolve this dispute, Kimiko Powers,
the Estate's personal representative, and Ms. McCarney have entered into a verbal agreement
(currently drafted in a written document), by which the Estate will convey to Ms. McCarney an
easement for access and gardening and Ms. McCarney will, in exchange, convey to the Estate a
parcel of land along the Boundary. The requested Amended Plat is necessary to change the
Boundary to reflect the parties' agreement before the Bollocks purchase Parcel B.
The plat amendment and the conveyance, if they occur, will reduce the size of Parcel B to
just over two (2) acres, and increase the Estate's parcel to 35 or more acres. Accordingly,
adjusting the Boundary as proposed in the Application will allow both subject parcels to fall
within the County's subdivision exemption regulations.
Garfield County Planning Department and
Board of County Commissioners
March 13, 2001
Page 2
Because the existing Plat was recorded, and because this Boundary adjustment will only
change one existing lot line of the Dixon Subdivision Exemption, the Amended Plat may be
approved pursuant to §6:10, et seq. of the County Subdivision Regulations without notice and
without a public hearing.
We appreciate your consideration of the Application, and would be happy to provide any
additional information you require to process this request. Please feel free to contact the
Bollocks directly, at 963-1880, or Kathie Bollock at cellular phone number 379-7842, to discuss
this Application. Thank you for your courtesy and cooperation.
Very truly yours,
KJS:ks
October 04, 2000
STEWART TITLE OF GLENWOOD SPRINGS, INC.
202 8TH STREET
GLENWOOD SPRINGS, CO 81601
(970) 945-5434
FAX NO. - (970) 945-7081
ORDER NO. 00031209
RE: TBD HWY 82
MCCARNEY/BOLLOCK
IN CONNECTION WITH THE ABOVE ORDER NUMBER, PLEASE FIND ATTACHED THE FOLLOWING:
Title Commitment
Amended Commitment
Endorsement
Policy
Original to:
PC to:
X
Direct all closing questions to:
CLOSER: PAULA KIEFFER 704-1000
* Indicates changes in the amended
Commi tmen t
William and Kathryn Bollock c/o Terry
Mary McCarney
Harrington Real Estate-Matt/Terry
Schedule B Documents to: William and Kathryn/Terry
PLEASE READ CAREFULLY
1. This is a Commitment to issue one or more policies of title insurance in
our Standard Form when the requirements set forth in the Commitment have
been satisfied.
2. Only the policies shown are committed to. If there are any changes in
the transaction, order an endorsement from us. Stewart Title reserves
the right to add and/or delete requirements and/or exceptions accordingly.
3. The date.on this Commitment is important. NOTHING after that date has
been considered by us.
4. This commitment is good for 6 months only. Extensions should be ordered
from us if they are needed.
5. If you have any questions regarding the examination of this commitment,
please call David Stubbs at 970-945-5434.
American Land Title Association Commitment - Modified 3/78
COMMITMENT FOR TITLE INSURANCE ISSUED BY
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate
or interest covered hereby in the land described or referred to in Schedule A, upon payment of the
premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions
and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A hereof by the Company, either
at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date hereof
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company.
Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an
authorized Countersignature.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
Chairman of the Boar
STEWART TITLE
GUARANTY COMPANY
40111117444.
v. 1908 •o
TfZµsue4100
Authorized Countersignature
STEWART TITLE OF GLENWOOD SPRINGS, INC.
P.O. Box 430
Glenwood Springs, Colorado 81601
(970) 945-5434
Agent ID #06051A
Order No. 00031209
SCHEDULE A
Order Number: 00031209
1. Effective date: August 15, 2000 at 8:00 A.M.
2. Policy or Policies to be issued: Amount of Insurance
(a) A.L.T.A. Owner's (Standard) $ 127, 000.00
Proposed Insured:
WILLIAM J. BOLLOCK AND KATHRYN ANN BOLLOCK
(b) A.L.T.A. Loan
Proposed Insured:
TO BE AGREED UPON
(Standard) $ 216,000.00
(c) Leasehold $
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is
fee simple
4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in:
MARY E. MCCARNEY AKA MARY MCCARNEY
5. The land referred to in this Commitment is described as follows:
SEE ATTACHED LEGAL DESCRIPTION
Purported Address:
TBD HWY 82
CARBONDALE, CO 81623
STATEMENT OF CHARGES
These charges are due and payable before a
Policy can be issued.
1992 Owners Premium
1992 Mortgage Premium
Tax Certificate
Form 100
Form 8.1
$ 552.00
$ 354.00
$ 10.00
$ 20.00
$ 20.00
Order Number: 00031209
SCHEDULE A
LEGAL DESCRIPTION
A parcel of land situated in Government Lots 6 and 9, Section 27, Township 7
South, Range 88 West of the 6th Principal Meridian, lying northerly and
easterly of the centerline of a 30 feet access easement as constructed and in
place, located in said Section, more particularly described as follows:
Beginning at the East quarter corner of said Section 27 a brass cap found in
place;
thence S. 68°17'00" W 1454.96 feet to a point on the northerly right of way
of State Highway 82, being located in said Section;
thence leaving said right of way, North 237.00 feet to the "true" point of
beginning;
thence West 103.13 feet to a point on the centerline of a 30 foot access
easement;
thence along said centerline 32.21 feet along a curve to the left having a
radius of 35.06 feet and a central angle of 52°38'17", the chord of which bears
N 06°43'17" W 31.09 feet;
thence along said centerline N 33°02'19" W 25.04 feet;
thence along said centerline 86.99 feet along a curve to the right having a
radius of 79.13 feet and a central angle of 62°59'19", the chord of which bears
N 01°32'39" W 82.68 feet;
thence along said centerline N 29°57'00" E 17.04 feet;
thence along said centerline 99.04 feet along a curve to the left having a
radius of 69.61 feet and a central angle of 81°31'22", the chord of which bears
N 10°48'41" W 90.90 feet;
thence along said centerline N 51°34'22" W 47.20 feet;
thence along said centerline 104.59 feet along a curve to the left having a
radius of 136.78 feet and a central angle of 43°48'38", the chord of which
bears N 73°28'41" W 102.06 feet;
thence along said centerline S 84°37'00" W 24.38 feet;
thence along said centerline 61.43 feet along a curve to the right having
a radius of 194.50 feet and a central angle of 18°05'41" the chord of which
bears N 86°20'09" W 61.17 feet;
thence along said centerline N 77°17'19" W 4.58 feet;
thence departing said centerline North 212.59 feet;
thence N 89°16'00" E 355.80;
thence South 516.70 feet to the "true" point of beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
also described as follows:
Parcel B,
DIXON SUBDIVISION AMENDED PLAT,
according to the plat recorded May 17, 1996 as Reception No. 493122.
SCHEDULE B
Section I
Order Number: 00031209
REQUIREMENTS
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record, to wit:
1. Execution of Affidavit as to Debts and Liens, which is attached or will be
provided at closing.
2. Deed from vested owner vesting fee simple title in purchasers.
3. Deed of Trust from the Borrower to the Public Trustee for the use of the
proposed lender to secure the loan.
NOTE: Effective September 1, 1997, CRS 30-1-406 requires that all documents
received for recording or filing in the Clerk and Recorder's office shall
contain a top margin of at least one inch and a left, right and bottom margin
of at least one-half inch. The Clerk and Recorder may refuse to record or file
any document that does not conform.
Order Number: 00031209
SCHEDULE l3
Section 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
I. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
S. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this commitment.
6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof;
water rights, claims or title to water.
7. Any and all unpaid taxes and assessments and any unredeemed tax sales.
8. The effect of inclusions in any general or specific water conservancy, fire
protection, soil conservation or other district or inclusion in any water
service or street improvement area.
9. Right of the proprietor of a vein or lode to extract and remove his ore
therefrom, should the same be found to penetrate or intersect the premises
hereby granted, as reserved in United States Patent recorded May 27, 1895 in
Book 12 at Page 366 as Reception No. 18425.
10. Right of way for ditches or canals constructed by the authority of the United
States, as reserved in United States Patent recorded May 27, 1895 in Book 12 at
Page 366 as Reception No. 18425.
11. Terms, agreements, provisions, conditions and obligations of County Subdivision
Exemption Resolution No. 79-60 recorded June 12, 1979 in Book 529 at Page 704
as Reception No. 294840.
12. Terms, agreements, provisions, conditions and obligations of Affidavit Re:
Boundary Line Adjustment recorded May 8, 1992 in Book 831 at Page 106 as
Reception No. 434508.
13. Terms, agreements, provisions, conditions and obligations of Road Maintenance
Agreement recorded November 25, 1988 in Book 741 at Page 684 as Reception No.
397082.
14. Terms, agreements, provisions, conditions and obligations of Deed Conveying a
30 Foot Road Right of Way recorded May 17, 1961 in Book 334 at Page 169 as
Reception No. 213773.
Continued on next page
Continuation of Schedule B - Section 2
Order Number: 00031209
15. Terms, agreements, provisions, conditions and obligations of Memorandum of
Water Allotment Contract recorded August 12, 1998 in Book 1083 at Page 97 as
Reception No. 530384.
16. Any and all easements, rights of way and plat notes as shown on the Plat
recorded May 17, 1996 as Reception No. 493122.
DISCLOSURES
Pursuant to C.R.S. 10-11-122, notice is hereby given that:
(A) THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT;
(B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE
OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S
AUTHORIZED AGENT;
(C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH
DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE
COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title
entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title
entity conducts the closing and is responsible for recording or filing of legal documents resulting from the
transaction which was closed." Provided that Stewart Title of Glenwood Springs, Inc. conducts the closing of the
insured transaction and is responsible for recording the legal documents from the transaction, exception number 5
will not appear on the Owner's Title Policy and the Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception
No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the
following conditions:
A. The land described in Schedule A of this commitment must be a single family residence, which
includes a condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction
on the land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled
mechanic's and materialmen's liens.
D. The company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be
purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage
for unrecorded liens will include: disclosure of certain construction information; financial information
as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed
Indemnity agreements satisfactory to the company; and, any additional requirements as may be
necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE
ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE
FULLY SATISFIED.
Order No. 00031209
Disclosures (YSDD) Rev. 10/99
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MCCARNEY PAGE 02
FAX NO. 5253665 F.
F.LaEMRNT AC EgryENT
(
THIS EASEMENT AGREEMENT trade and entered into this day of February, 2001
between Kimilco Maeda Powers, as Personal Representative of the Estate of John G. Powers, whose
address is 13114 highway 82, Carbondale, CO 81623 of the County of Garfield, State of Colorado
(hereafter "Powers) and Mary E. McCarney whose address is
Paonia, Colorado 81428 of the County of Delta, State of Colorado (hereafter "McCauley"),
WJTNF.SSETH:
RECITALS
A. Powers is the owner of fee simple: title to all of the real property described on Exhibit
"A" annexed hereto as well as all of the real property lying easterly of and contiguous to all of said
property described on Exhibit A.
13. McCarney iy the owner of all of the real property described on Exhibit "B" annexed
hereto lying westerly of and contiguous to the real property described on Exhibit A, and is also the
owner of a non-exclusive roadway access easement extending from Colorado State Highway No.
82 to the real property described on Exhibit B, which roadway access casement in addition to
benefitting the Latter property also extends across such property and burdens the same in providing
roadway access to properties owned by third parties. Said non-exclusive easement for roadway
access is more particularly described in instrument recorded in Book at Page of the
records of Garfield County, Colorado.
C. McCarney is desirous of acquiring from Powers en casement for roadway and utility
access and other purposes hereinafter identified, which easement Powers is willing to grant for the
considerations and upon the conditions hereinafter provided.
D. Powers is desirous of obtaining from McCarney an easement for roadway access from
Colorado State Highway No. 82, to and from the real property described on Exhibit A and the
property owned by Powers lying easterly of and contiguous thereto, winch easement McCarney is
willing to grant subject to the conditions hereinafter provided
AG1(E1t 1 KNT
NOW THEREFORE, the parties hereto, for and in consideration of the premises and the
mutual covenants and agreements contained herein to be kept and performed by the parties hereto,
hereby.agree as follows and mutually and respectively hereby grant the easements described below,
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subject to the provisions, conditions and restrictions herein set forth.
PAGE 03
1. carni ofFlae;nerns to McCacau. Kimiko Maeda Powers, as Personal Representative
of the Estate of John G. Powers, hereby grants and quit claims tv Mary E. McCarney, an easement
appurtenant to the real property described on Exhibit B hereto, over and across the real property
described on Exhibit A hereto for the following purposes and subject to the following terms,
conditions mid restrictions, to wit:
(a) Rodway gsAwsxjad_ilDiby_Egagmicau. The purpose of the easement shall be for
roadway and underground utility construction, installation, repair, maintenance and replacement,
provided that the roadway structure and utility installations shall be limited to a total width of twenty
(20) feet, including road travelway and cut, fill and maintenance areas, upon a single alignment
within the real property described on Exhibit A, except where the roadway easement re-enters the
property described on Exhibit B at its northern terminus, at which point, the roadway easement shall
include a turnaround segment allowing the roadway to intersect itself. The underground utilities
permitted to be installed in the easement hereby granted shall not include any leachfield or other
facility for sewage or waste water treatment or disposal.
(b) Garden nd Landscaping.lasement In addition to the easement for roadway
and underground utilities located as above described, McCarney is hereby granted an easement for
purposes of installing and maintaining a garden, trees, shrubs and other typical residential
landscaping within an area not to exceed a total of 3,000 square feet, which easement area shall be
located entirely northerly of a line 150 feet southerly of the north line of the parcel described on
Exhibit. A.
(c) Fencing oa�ement._ McCamey shall have the right to remove those portions
of the fence presently existing on the westerly boundary of the parcel described on Exhibit A,
provided that a remnant of the existing fence or a stock -tight replacement fence shall be left in place
at both the south and the north ends of the existing fenceline on said westerly boundary to demarcate
the alignment of such existing fence. Such remnant fence shall be of a length of not less than
twenty feet on the northerly end and fifty feet on the southerly end of the existing fenceline.
Provided further, that immediately upon completion of thc roadway to be installed on the above
described easement, McCamey, at her sole expense, shell install a stock -tight fence on the easterly
side of the roadway easement and shall install a similar fence around the entire perimeter of the
garden and landscaping easement described above. The fences to be installed shall extend to and
connect with thc remnant fencelines described above and any portions of the existing fence not
removed by McCarney. All fences referred to above shall be maintained and repaired in a stock -
tight condition at the sole expense of McCarney, unless damage thereto is caused by Powers
activities in which event, the latter shall bear the expense of repair of such damage.
(d) T . 11 -f. :..:: ti! : - ..y• • S •ov b Power . Powers
shall be permitted to use any pan of the easement areas described above for purposes and in a
manner which will not unreasonably interfere with the use by McCarncy thereof for their specified
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rind intended purposes as above provided. In this connottian, Powers shall be permitted to use any
part of the roadway structure and utilities to be located within the easement described in (a) above,
which are located in an area defined as the southerly 100 feet of the parcel described on Exhibit A,
and Powers may also install a roadway and utility facilities within such area for purposes of
providing access to the lands of Powers lying contiguous to and easterly of the easterly boundary of
the real property described on Exhibit A. Powers, in the event of any use by her of McCamey's
roadway and utility facilities, shall repair any damage thereto caused by Powers' construction
activities. With respect to any joint use of roadway and utility facilities by the parties in such
easement, the parties shall share expenses of common maintenance of the facilities as originally
installed, but any improvement to such facilities beyond the condition existing following completion
of the original installation, shall be at the sole expense of the party desiring such improvement or
upgrading of such facilities. Provided further, that in the construction, installation, maintenance and
repair of roadway and utility facilities McCarney shall not remove or destroy any trees, shrubs or
other natural vegetation or landscaping features presently located upon the casement arca except as
is absolutely necessary to achieve such installation and construction.
2. Grant of Roadway aztd Utilit ,aserneet� to Powers. Mary E. McCarney hereby
grants and quitclaims to Kimiko Maeda Powers, as Personal Representative of the Estate of John 0,
Powers a non-exclusive easement for roadway access and utilities twenty feet in width over and
across the real property described on Exhibit B hereto and from the easterly boundary thereof to and
from the existing roadway forming the westerly boundary of the latter property and in addition, over
and across the aforesaid existing roadway from such westerly boundary to Colorado State Highway
No. 82, such latter segment of such easement traversing real property owned by a third party or
parties. Such easement shall be upon the same alignment as the roadway to be constructed by
McCarney from the aforesaid existing roadway to the westerly boundary of the property described
on Exhibit A and the use thereof by Powers shall be limited to serving as roadway and utility access
to not more than two (2) residential dwellings located upon the property owned by Powers and
located upon the lather's property situate easterly of and contiguous to the real property dcscribcd
on Exhibit A. The same conditions relating to repair of damage to such roadway or utilities caused
by Powers and common maintenance thereof as are set forth in subparagraph 1 (d) above shall apply.
3. BA mance of Easements. The casements hereby granted and quitclaimed by
Powers to McCamey shall be appurtenances to the lands described on Exhibit B hereto and shall not
be transferred or conveyed except in conjunction with transfer or conveyance of title to the lands
described on Exhibit B, nor shall such easements be permitted to serve any other lands than those
described on Exhibit B except those owned by Powers and located easterly of and contiguous to the
lands described on Exhibit A. Likewise, the easements granted and quitclaimed from McCarney
to Powers as above provided, shall be appurtenant to the Iands described on Exhibit A and the lands
owned by Powers lying contiguous to and easterly thereof, and such easements shall not be permitted
to serve other lands.
4. Indemnity/lnsu+ance. McCarney shall hold harmless and indemnify Powers from
any claim, injury, demand, liability or obligation whatsoever in any manner resulting from or arising
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out of the use by McCumcy ofany of the easements described in Subsections 1 (a) and (b) above and
such indemnity shall include attorneys fees and expenses. In this connection, McCarney shall
forthwith obtain and maintain in effect so long as such easements are in effect a policy of liability
insurance with single limits of not less than $500,000.00, covering bodily injury and property
damage relating to the use and maintenance of such easements and naming Powers as an additional
insured, In the event Powers at any future time should use the easement hereby granted and
quitclaimed by McCarney to Powers, Powers at the time of commencement of such use shall
similarly indemnify McCauley and provide similar insurance coverages relating to Powers use of
such easement and naming McCauley as an additional insured.
Provided further, that McCarney shall not permit upon the property described on Exhibit A,
any substance or material which constitutes an envirorrtnental hazard as hazardous waste under any
Federal, State of Colorado or Local governmental law, rule or regulation, and McCarney further
hereby holds harmless and indemnifies Powers from any claim, injury, liability or obligation
whatsoever which results or arises in any manner from the introduction of any such substance or
material onto said real property by McCauley, and such indemnity shall include reasonable attorneys
fees and expenses that may be incurred by Powers in this connection.
5. All terms, provisions, vnditions and obligations set forth herein shall inure to the
benefit of and be binding upon the parties hereto, their respective heirs, devisees, personal
representatives, successors and assigns and shall constitute covenants running with title to the lands
described herein.
IN WITNESS 'WHEREOF, the parties hereto have executed this Easement Agreement the
day and year first above written,
Kimiko Maeda Powers, as Personal Representative
of the Estate of John G. Powers
By:
John C. Martin, Her Attorney -in -Fact
POWERS
Mary E, McCarney
McCARNE Y
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STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
MCCARNEY
FAX NO. , 9281665
PAGE 06
Subscribed and sworn to before me this day of February, 2001 by John C. Martin,
as Attorney -in -Fact for Kimiko Maeda Powers, as Persona! Representative of the Estate of John G.
Powers.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF
Subscribed and sworn to before me this day of February, 2001 by Mary E.
McCarney.
Witness my hand and official seal.
My commission expires:
5
Notary Public
03/12/1995 01:06 9705275292 MCCARNEY PAGE 07
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EXHIBIT A
A strip of land situated in Section 27, Township 7 South, Range 88
West of the 6th Principal Meridian, Garfield County, Colorado, being
more particularly described as follows:
Beginning at the Southeast Corner of said strip of land whence the
E 1/4 Corner of said Section 27 bears South 237.00 feet and N. 68°
17' 00" E. 1454.96 feet; thence West 29.34 feet to a point in a
fenceline as build and in place; thence along said fenceline on the
following two (2) courses: N. 01° 01' 22" W. 394,613 feet; thence N.
13° 56' 22" W. 124.90 feet to a point on the Northerly boundary line
of said strip of land; thence N. 89° 16' 00" E. 66.46 feet along said
Northerly boundary line to the Northeast Comer of said strip of land;
thence South 516.70 feet along the Easterly boundary line of said
strip of land to the point of beginning, containing 19,224 square feet
of land more or less.
03/12/1995 01:06 9705275292 MCCARNEY PAGE 08
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QUITCLAIM DEED
THIS DEED, Made this day of 2001 between Mary E. McCarnev, also
known as Mary McCarney, of the County of Delta end State of Colorado. Grantor, and Kimiko
Maeda Powers, u Personal Representative of the Estate of John G. Powers, whose legal address is
13114 Highway 82, Carbondale, Colorado 81623 in the County of Garfield, State of Colorado,
Grantee,
WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and othcr
good and valuable consideration, the receipt end sufficiency of whish is hereby acknowledged, has
remised, released, sold and QUIT CLAIMED, and by throe presents dots remise, release, sell and
QLJTTCLAIM unto the Grantee, her successors and assigns forever, all the right. title. interest. claim
and demand which the Grantor has in and to the real property together with improvements, if any,
situate, lying and being in the County of Garfield and State of Colorado, described as follows:
All of the real property deect'ibed on Exhibit "A"
annexed hereto.
also knows by street and number as: Vacant Land
TO HAVE AND TO HOLD the same, together with all the singular the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title,
interest and claim whabocver, of the Grantor, either in law or equity, to the only proper use, benefit
and behoof of the Grantee her successors and assigns forever.
IN WITNESS WHEREOF. The Grantor has executed this deed on the date set forth above.
Mary E. McCarney also known as
Mary McCatncy
STATE OF COLORADO )
ss.
COUNTY Or
The tbregoing instrument was acknowledged before me this day of February, 2001
by Mary E, McCamey, also known as Mary McCarney.
Witness my hand and official said.
My commission expires
SEAL:
Return to:
Gerald D. liailert, Esq.
Hatters & Wilson
210 Tenth Street
Glenwood Springs, CO 81601
Notary Public
HARTERT &WILSON
ATTORNEYS AT LAW
210 TENTH STREET
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE (970) 928-9665
FACSIMILE (970) 928-9680
March 27, 2001
Mary McCarney
3984 North 48 Lane
Paonia, CO 81428
RECEIVED MAR
2 X2001
RE: Boundary Line Adjustment/Easement Agreement Powers Property
Dear Mary:
GERALD D. HARTERT
RONALD M. WILSON
This letter will briefly state my client's position with regard to the present confused status
of the referenced matter. The draft Easement Agreement negotiated with you to respond to the
various requests of your prospective purchasers, the Bollocks, is acceptable to Mrs. Powers based
on my review of the document with her last week.
As you are aware, since the exemption plat describing your property was recorded in the
County records, the County requires that rather than a simple boundary line adjustment procedure
the plat must go through an abbreviated plat amendment process. As I understand it, the County's
position is that this process does not require a noticed public hearing but can be dealt with by the
County Commissioners simply as an agenda item, however, as you are also aware, apparently the
County Commissioners' agenda for its next meetings are such that will be several weeks before the
matter can be heard. Also, I have been contacted by Karen Sloat, the Bollocks' attorney, who has
been handling the process with the County with your consent and informed by her that the County
requires a signed easement agreement between you and Mrs. Powers, as Personal Representative of
the Estate of John G. Powers. I have informed Karen Sloat and you that:
1. Mrs. Powers on my recommendation will not sign an easement agreement
granting an easement across property to which she does not yet own record legal title.
2. I am totally nonplused by the County's requirement that they be given a
signed easement agreement for what is essentially a private road/driveway easement which has
nothing to do with the requested plat amendment. The County's only concern should be that the
boundary line adjustment/plat amendment does not result in your property being deprived of access
to a public road, i.e., State Highway 82. Obviously, the intended adjustment in this boundary does
not cause a deprivation of legal access to your property since the platted road easement shown on
the present exemption plat remains and is unaffected by the alteration of boundary lines. This being
the case, and following a review of the County's regulation for plat amendments, I see no reason at
all for the County to have anything to do with the approval of the easement agreement that we have
negotiated.
Given the foregoing state of facts, if the County persists in its requirement referred to above
before it will grant the requested plat amendment, we will desist in our efforts to accomplish a
negotiated boundary line adjustment with you involving the County and will resort to a quiet title
proceeding to perfect the possessory claim to the land in question. If we are successful in obtaining
a court decree quieting title to the property in my client, the County will have no say in the matter
of boundary line establishment and at that point, we will be happy to continue to transact the
easement agreement with you.
Please let me know if you have any questions with regard to what I hope is a reasonably clear
statement of our position set forth above. Also, thank you for your cooperation throughout.
Yours very truly,
l% � j
Gerald D. Hartert
GDH/pc
xc: Kimiko Powers