The URL can be used to link to this page

Home My WebLink About1.0 ApplicationWRFIELD C0JNTY, COLOR:+DD 1 f'[111]0N 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 He Dietz,_ respectfully petitioners the Board of County Conknissioners of Garfield County, Colorado, to exempt by resolu- tion the division of 14.58 acre tract of land into 2tracts of approximately �AJ-�y 3.8_ 5�20 "subdivision" andacres each, more or less, from the difinitions of "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: 1) The proposed parcel split is divided by County Road 245;. The proposed tracts were created When Elk Creek Subdivision was formed. in 1969. Ownership has remained in the Dietz family since 1964. In support of this petition, the petitioner also submits the following: A. Map drawn to scale showing proposed lot subdivision and access. NAB. Copy of deed NC. Vicinity map \D. Statement on source of domestic water \E. Statement on method of sewage disposal $',E. 100 year floodplain information where live stream crosses or adjoins said tract �G. Evidence of the soil types NO. Copy of Assessor's map showing the property NI. Practical description of property location NJ. Fee in the amount of $ 55.00 K. $200.00 fee for each new lot cre 44day of Submitted at Glenwood Springs, Colorado, this April , 19 83_ t i t cX /38' Mailing Address P/.4/1/0n,-0 cam` ,47, ' 72 6. •/--z2--72_60 Telephone Number Imo APPLICATION FOR SENATE BILL 35 EXEMPTION PETITIONER: HENRY W. DIETZ, IV AGENT: CAROLYN BERNHARDT, BROKER RE/MAX, MOUNTAIN WEST 2128 RAILROAD AVE. RIFLE, COLORADO 81650 • • PROPERTY LOC\TTCN: Approximately 1.5 miles North of New Castle, Colorado on the West side of County Road 245. LEGAL DESCRIPTION: A parcel of land situate in the S ZNE 4, Section 25, T 5 S, R 91 W, containing approximately 5= acres. SOURCE OF HOUSEHOLD WATER: Sh. 1 be Ja'y tap f w- 11 sys "em locat roper and ser Homeo ners. ( Peti Toner an to be attache ro existi on sub 'Pct ing Elk reek reement etween Elk Creek Homf Ivuers .) SEWAGE DISPOSAL: Shall be through installation of a Garfield County approved Individual Septic System. Please see attached letter from Garfield County Sanitarian. GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING: 945-8212 / ENVIRONMENTAL HEALTH: 945-2339 / BUILDING: 945-8241 January 17, 1983 Mr. Del Dawson P.O. Box 63 New Castle, CO 81647 Dear Mr. Dawson: In response to your question regarding the 5.38 acre land parcel south of Elk Creek Subdivision, be advised the minimum horizontal distance from any well and an individual sewage disposal system leach field serving a three bedroom single family dwelling is one hundred feet, provided suitable soil is available. As a general policy, this office recommends a distance greater than one hundred feet when a public water supply well is in the proximity of a septic system. This is recommended as an extra margin of safety only. If I may be of any further assistance, please call. Very truly yours, EF/elh 2014 BLAKE AVENUE Ed Feid County Sanitarian GLENWOOD SPRINGS, COLORADO 81601 b cl y — _26 gar 4.- m SEE MAP N0.'J 2125-24 �24 i B d 30 024 0 MAP NO. 1 1 1 1 1 1 1 1 1 0 026 (62 � Tax Exempt -7 - R 91 W ...R 90 0/ •\ 1 -f 2 W• oo° cc, U GLENWOOD SPRINGS 10 1 EAGLE ♦/ M/ • a N LO F1 4/4 0 r 73 111 ` A. J IT 7 00 0' 07 o O 7- 07 I • eekl S a 1 vie Thu Dm, Yds Ilk b 4 *d i 12 .�+.� ► v _ lark 1.2 le" www. >K.224bSi— -- 1"" s t Sross a. iebnNry la is pear 4 .w Lail sae tbasad site bemoaned and sixty-four batwese ---- MART SCH11MANN ar the Casty Garfield sad $oats 4 Cases , 4 W flat part, td WIMPYY. DIPTZ ---- ors. Iv et oirflald ed Mato of Colorado, 4 W acrd pert' d Ma Blest pen. fen. W ta eoaaldwYloa et the sof 4NfTlflgaalgfl•. T►M W add past y _ not _s• Ten Jolley. and other good and valuable oonaideratio W Met pert W wee�t to the said part y of et peat le Med pal h she part 7 of the whereof he Wetly eeedssad and sekmare d, la a 181sat4. la*sad.d. 2222 .ad e..v+yd, Sad b thaw presents do es grant. bargain. seal, Manes ref asanserh gala the fail part' . tan. afesd part his lain and awareforever, all the following deerrtkad let • s ar garssl • et land. eisah. bac and Wag In the Casty of Garfield and State of Gteeed.. te•wo.. The HFt of Section 22, Tp. 5 S., R. 91 11., of the 6th F,M., save and • oept the ��aenty Rea N the ease is in place and being used. Also except one acre and an eesesent for • pipeline and flus as conveyed to the Town of New Castle, the Warranty Deed appearing of record as iacument No. 16095. Also, conveying herewith e),ja.ditches and ditch end water rights connected with said land or appurtenant thereto, and particularly all rights in the Coryell (itch and Connelly Ditch end the waste water from the reservOir of the Town of New Castle. TOGEt'RRR with all and singular the hereditament& and appartenaeees thereto bsleagia[, or is anywise appertaining. and the reversion and v.nersiona rewinds, and reakadess. resatt, hawse and profits thereat, and all the estate, right. title, lnterewt, slain and demand whatsoever of W MIA Mr Jr M the lint part. either in law or alult$, of. in and to the above bargained prem with the bersdt a to and appur4oanoaa la slave Md Mseribd, with W sppart.sanee., wpto the TO HAYS ATO w,ndBOLthe rids heirsmises sarm for And the saes p� y of the filet part. said part y 4 the ..woad part. his beim and rralsaa tt.tor. eo...snt, great, bargain, and for herself, her heirs, executors, and administrators. do OS agree to and with the said part y of Ow second part h 1 s heirs and sadgns, that at tie time of the eo.si- ing and delivery of these presents, she is well seised of W premises above conveyed. a of rigft.g odd power admitsp.rfrrt, aits and tndofeaaible state of Inheritance, la law, in fee simple. and ha S good and lawful authority to grant, bargain. sail and convey the alma in meaner and form ea aforesaid, and that the mama are free and clear from all forms and other grants, bargains. sales, Ilene, tars..a.esrnents and enrurnbrn ,sea 4 whatever kind or rutun saver. FJ FXCEP.'_3NS and the above bargained premisesg the quiet and peaceable pasa of the said part y of the second part. 1119 heirs and assigns against all and avers person or parsons lawfully claiming or to claim the cable or any part thereof, the said tart y of the first part shall sad will WARRANT AND FOREVER DEFEND. of the first ha s hereunto set her hand IN WITNESS WHEREOF, the said part y Dart and weal the day and year ftret above w'rittsl - / $a ! COt W=ADD C0aaW Garfield The A.A !a ,-13•9111, 'WY tqlitIMICal• eM acknowledged Ey Schumann. December (REAL) (SEAL) (ST.AL) • beforelastfls 26th *got February 19 65 . Witw asr Matt sal affWl alai 4: Rseslrsd u 8:30 deloek Reewp(Iaa Nn 227089 AM Chas. Sept 28 1964 9. Keegan ate ilnb. Mad. the 14th day d July ,e the year of our Lord one thousand now hundud rail Sixty -four between HENRY W. DIET! - f of the County d Garfield rail Beate of Colorado...( dieing part. and ---- ELK CREEK DEVELOPMENT, INC., a corporation organized and existing under and by virtue of the Laws of the State of Colorado war art Waaod!]el ssdn, d the atoned put. WITRReeWTE, That the said part Y of the fine part, for end m moaderation of the sum of ---- TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION DOLLARS. to the said put y of the fleet part m hand paid by the sad part y d the mooed part, the re.rwpt whereof r hereby conferral and acknowledged, ha a panted, bargained, sold and conveyed. and by these permute do e s brant, largarn, sell, convey and nonfinn, unto the Bud part v of the wood part, t t s R'IC 118 g 1a C 5 and aha enterer, all the following dwrrtbed lot .o parcel of land, situate, lytog and bang In the Ctwmty eel (:a r 1 1 e i d and Stale of l'nbndo, to-wil- The NE' of Section 25, Tp. 5 S., R. ail W., of the bth P. M., save and except the County Road es the same is in place and being used. Also except one acre and an easement for a pipeline and flume as t nveyed to the Town of New Castle, the Warranty Deed appearing of record as Document No. 16095. Also, conveying herewith all ditches and ditch and water rights connected with said land or appurtenant thereto, and parti.Fularly all rights in the Coryell Ditch and Connelly Ditch and the waste water from the reservoir of the Town of New Castle: TOOEt SY with JI nod nonettiler the herrhtamrnta and appurtenance. thereunto belonging, or in ant cur aypertunmg, and the reversion end rrvermionm, remainder and rrma,nders, rents, swum and profit thereof; and all the notate, right, title, intermit. claim end demand whatrrver of the sad part y o1 the Met part, either in law or equity, of, In and to the above bargained fwetnirw, with the hernht.n,.•nt, wird appurtrnanr. TO RAVR AND TO HOLD The rad premixes Jove lougwned and dearnhwl, with the appurtenances, unto the said tart of the nee 1 fart, y ,r heirs and ensign. forever And the maid fart y of the first part, for n 1 meal f, his heirs, executors, and atfnum,t rotor., ,1, e5 mverrant, grant, bargain and sign. to and wd.h the .ad part V d the genual fart,' t 5 5 'lc ".114141,41 wooing, that at the tome of the rnaealing and delivery of three premia, ht' 1 S well neural of the preniiww above rnn5rsel, an.1 geed, Lure, perfect, absolute and indefeasible tette of inheritance, in law, in fee ntmple, and hag gond right, full power and lawful authonty to grant, bargain, sell and noire, the tame in manner and form an aforesaid, and that the same are free and clear from all former and tittle, grant, bargain'', ones, lune, taste, .s .nt and a nrumbranrte of whatever Soul or nature ream and the. alt hal-gained pr,,,. t the tinge( and peaneble paernalion rat the Bald part y of the wound part, t t ,.,i , , i, sal barn and Warily , agnine1 all mud Yarn 'xenon or pennon, lawfully claiming or to claim the whole er any part thereof, (lot Red Ian y o1 Ino, hoot 1,011 shall Rod will WARRANT AND FOREVER I)EFEND. 1N WITNISS WH=a&OF, l'1.,• maul part y of the find tart ha s hereunto eel It5 hand and foal the .14, and ,oar Iirnt .Love. carmen \\� Ftgmnl..�,ale.l moil I tell, toed m hpIPrememe err I r 1aE.al.l Hent, W. Dirt: �.-.---� 1 _I8EALI . MIALI STATE OF (3 )IA)RAIX) County of GHRF IELI). ) :' •. The (urrgomg rtalnm,ent wan u•knne banged before me the ?4t it cloy of S!'C�Obl71' A. 1). 1964 .h) • Hent v W. 11et. . �( 4 My nom.,Mmni et Lines April 1 4 . IA 66 Witness my hand and official al. •11 b, „atnnl perm, or promo. Men errs nano or a.na.. d 1,. previa, noting in reprrntive Or anew natanwaw ty or ao nrr+alaS, rt awoe n ,wall p♦ewg. w rruwe. attune. -.n IKI w niter ratarn. or ,L,n'r.pW,nd by ogees all nrao.anon, than ,nit name .t ...II Oiler or wawa M tib pr.sMnl w utter nboen .4 earl, eurnorawen. naming ,t. NO. 333 WARRANTY D[[O--?OR Pt0OTOOR,tPa11C 0500510—TM (' ). Hoak.' Honk Hack a !Atha. ('o. 1)...... Cato. Recorded .t KV. •01011 N.. 11).):3 au.t; la•, r•ler J RRODRDRR'$ STAMP INI�Ih.Ei,, 4wbih, ..Ch d.)or September ,IMGs) SEP -8 ISO Vrr rI1}I IMIft /n iwven Elk reek Development Inc. .t t corporation dyly or ntze and ext ti P and r r tta by virttta of the laws o the Stat pP Color . Ili. f """ Garfield nos state or ulaiadoo •1 l he lir•11111,1 awl Henry W. Dietz, IV wh...r Intal aJJre.a,. P. 0. Box 198 Diamond City, AR 72644 Jthe Mount) of nd state of Arkansas , x_amax..1 the ,econd part. RI t\ F:SSF:TH, That the said part y of the first part. fur and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration IN)II.ARS, to the 'mid part y u( the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged. hail rammed, released. sold, conveyed and QUIZ t'LAIHED. and by these ,,resents does remise.release, sell, convey and QUIT CLAIM u to the said party of the ,••cond part• his heirs. suvcrs ro r' and assigns, forever. alt the right, title• interest. claim and Jen,aod which the s.ii hart y of the first part ha s in and to the following described lot or parcel Oland sttua . lying and being ,n the County of Garfield and State of Colorado. to wit: The WNE1/2, Section 25, Township 5 South. Range 91 West of the 6th P.M., Saving and excepting the County Load therethrough and about one acre heretofore conveyed to the Town of New Castle for flume and pipe right of way and reservoir site, together with all ditches and ditch and water rights connected therewith or appurtenant tnereto and more particularly all water rights in the Coryell Ditch .and Connelly Ditch, and the waste waters from the Reservoir of the Town of New Castle, and the Elk Creek Development well as adjudicated under Water Application in State of Co orado, Water District No. 5, Less and Excepting that real property ocated within Unit 1 of the Elk Creek Development as shown by the ecorded plat thereof being Document No. 230521 in the office of t e Garfield County Clerk and Recorder. also known as street and number TO HAVE AND TO HOLD the same. together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate. right. title. interest and claim whatsoever. of the said part Y of the first part. either in law or equity, to the only proper use. benefit and behoof of the said part V of the second part, hishetrs and assigns forever. 1N WITNESS WHEREOF. The said party of the first pert ha hereunto set itsiand. and seal the day and year first above written. Signed. Sealed and Delivered in the Presence of STATE or , ARKAN AS t'ounty of Boone OS. CREEK_ DEVE1 By ATTEST644,T� e IN SEAL► The foregoing instrument was acknowledged before me this 4th day of Sep tembe r Iv90.4• Henry 4•. Dietz as President and Henry w. Dietz. IV as Secretary of Elk Creek Development, Inc. My.•omrnuwmrspires Jsnue ry 10.ise4 Waness!Ai hand tilt! official seal 'i 1 L. L. Moho', %. 51.1 ,t, 1 . 1 utt n►I1 101.“10•4 r Hie 11.•41.4 Pahl shone.* 1.111 se 51.., sn„i his.. i ,.i.,..a. ,11•1 Moir !SEA Ll I ISEALI ISEALI RLS cs • •r " • 1.1.1.`"'~ ''fir -... •r vow • /10/:)5 Map Unit No.X10E Part B • SOIL CHARACTERISTICS Depth to bedrock : More than 60 inches Texture Surface : Stony loam Subsoil : Gravelly sandy loam Substratum : Very gravelly fine sandy loam Unified Classification : GM, SM Permeability : Moderately rapid Percent coarse fragments . 0 to 25 (greater tha� 3 inches) Salinity (ECx10 @ 25°C) pH (surface) : 6.6 to 7.L+ Shrink -swell Potential . Low Potential frost -action (surface) . Low Flood Hazard : None Hydrologic Group : B Corrosivity Steel (uncoated) : High Concrete : Low DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields S Slope Sewage Lagoons : S Slope Sanitary Landfill Trench : M Seepage Area . 6 Slope Shallow Excavations : S Slope, small stones Dwellings w/basements .• S Slope w/0 basements : S Slope Local Roads & Streets : S Slope SUITABILITY AS A SOURCE OF... Daily Cover for Landfill : Poor, small stones, slope Roadfill : Fair, slope Sand : Unsuited Gravel : •Unsuited Topsoil : Poor Small stones, slope, excess lime H15 SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION Map Unit No.X10E Part A SOIL CHARACTERISTICS Depth to bedrock Texture Surface Subsoil Substratum Unified Classification : More than 60 inches • Loam : Clay loam Loam ML, CL Permeability . Moderate Percent coarse fragments : 0 (greater thaq 3 inches) Salinity (ECx10 @ 25°C) • pH (surface) . 6.6 to 7.4 Shrink -swell Potential . Moderate Potential frost -action (surface) : Low Flood Hazard : None Hydrologic Group • B_ Corrosivity Steel (uncoated) . High Concrete : Moderate DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields . S Slope Sewage Lagoons S Slope Sanitary Landfill Trench .• S Slope Area •S Slope Shallow Excavations S Slope Dwellings w/basements . S Slope w/0 basements . S Slope Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Roadfill Sand Gravel Topsoil •31 SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION S Slope Poor Slope Fair Slope, low strength • Unsuited Unsuited Poor Slope Map Unit No. ?r 41iLL SOIL CHARACTERISTICS - Rclrl- rale cro,. • Depth to Bedrock V ' 110-1 i.r hedrnrk - rr,cl, Texture Surface Subsoil Substratum Unified/AASHO Classification: Permeability (below 2 feet) : Percent Coarse Fragments (gravel, cobble, stone) Soil Reaction (pH) Shrink -Swell Potential Potential Frost Action (surface) : Flood Hazard 1 1' 71, Hydrologic Group • Corrosivity - Steel - Concrete DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill - Trench - Area Shallow Excavations Dwellings w/basements w/o basements Local Roads and Streets SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill Topsoil Sand Gravel Roadfill OTHER SOIL FEATURES • • [_i1 'rr l'r i }. i. -i^, Jnr 9.�1 r1 , H ,flA,`; (Fit.r,e,-i ^,l C�"�S roc;'' -, ;C»(l ^,lr:>, �r1C� -� ! l (,n.•J "ADVANCE COPY SUBJECT TO CHANGE" NOT TO BE USED IN PLACE. OF ON-SITE INVESTIGATION. ap Unit No.X76F SOIL CHARACTERISTICS Depth to bedrock Texture Surface Subsoil Substratum Unified Classification Permeability Percent coarse fragments (greater tha 3 inches) Salinity (ECx10 @ 25°C) pH (surface) Shrink -swell Potential Potential frost -action (surface) Flood Hazard Hydrologic Group Corrosivity Steel (uncoated) Concrete : 20-40 inches Clay to clay loam Clay to clay loam :Clay to clay loam CL, CH Slow • 0-10 7.9-8.4 High Low : None C : High : Low DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill Trench Area Shallow Excavations Dwellings w/basements WO basements Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill : Poor Slope, too clayey Roadfill Sand Gravel Topsoil SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION :S :S Slope, Slope, : S Slope, S Slope S ;S ;5 :s percs slowly, depth to rock depth to rock too clayey Depth to rock, slope, too clayey Slope, shrink -swell, depth to rock Slope, shrink -swell, low strength Slope, shrink -swell, low strength : Poor Shrink -swell, slope, low strength Unsuited. • Unsuited .; Poor Slope, too clayey • ,'ap Unit No. 38D SOIL CHARACTERISTICS Depth to bedrock Texture Surface Subsoil Substratum Unified Classification Permeability Percent coarse fragments (greater that'll 3 inches) Salinity (ECx10 @ 25°C) pH (surface) Shrink -swell Potential Potential frost -action (surface) Flood Hazard Hydrologic Group Corrosivity Steel (uncoated) Concrete • : More than 60 inches : Clay loam : Silty clay loam : Silty clay loam : CL, CH : Slow : 0 7.4-7.8 : High Low None C High Low DEGREE & KIND OF LIMITATIONS _(0 is Slight, M is Moderate, S is Severe) S S Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill Trench Area Shallow Excavations Dwellings w/basements w/0 basements Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Roadfill Sand Gravel Topsoil V,' SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION Peres slowly Slope S Too Clayey M Slope S Too clayey S Shrink -swell, low strength • S Shrink -swell, low strength ▪ S Shrink -swell, low strength • Poor Too clayey . Poor Shrink -swell, low strength . Unsuited Excess fines Unsuited Excess fines Poor Too clayey or 0 to 1NCr m � -�m s Qi fl m 1 J A ti • LEGAL DESCRIPTION OF PARCEL SOUTH AND WEST OF COUNTY ROAD No. 245 A parcel of land in the N.E.} of Section 25, T.5 S., R.91 W. of the 6th Principal Meridian in Garfield County, Colorado and being more particularly described as follows: Beginning at the center 1 Corner of said Section 25; thence N.00°07'59"E. a distance of 435.67 feet to a point on the Southwesterly right-of-way line of County Road No. 245; thence Southeasterly following a curve to the left along said right-of-way line whose radius is 639.81 feet and whose central ingle is 38'09'07" for an arc length distance of 426.03 feet and whose chord bears 5.62°09'05"E. 418.21 feet; thence continuing along said r44.. of .ay lir following a curve to the right having d central angle of 22°27'01" and a radius of 650.52 feet for an arc 1ngth distance of 254.89 feet and whose chord bears S.70°00'08"E. 253.27 feet; thence :ontinuing along said right-of-way line S.58°46'37" a distance of 254.94 feet; thence continiing along said right-of-way line, along a curve to the left having a central angle of 01°09'34" and a radius of 1316.73 feet for an arc length distance of 26.65 feet and whose chord bars S.59°21'24"E. 26.65 feet to a point on the Southerly line of the N.E.} of said Section 25; thence S.89°27'50"W. and along the said Southerly line a distance of 849.76 feet more or less to the Point of Beginning. Containing 4.1412 acres more or less. MEMORANDUM AGREEMENT PARTIES The parties to this agreement are: 1. The ELK CREEK HOMEOWNERS ASSOCIATION, a Colorado Non -Profit Corporation, hereinafter referred to as "Homeowners", and "Dietz". 2. HENRY W. DIETZ, IV, hereinafter referred to as RECITALS 1. Homeowners is a legal entity having authority to enforce restrictive covenants pertaining to the Elk Creek Development, a legal subdivision situate in Garfield County, Colorado, and having authority to impose assessments on its members for the purpose of financing maintenance and construction of roadways serving the Elk Creek Development. 2. Dietz owns real property situate between the Elk Creek Development and County Road 245 which Dietz is presently attempting to divide into four (4) parcels pursuant to the Senate Bill 35 Exemption Regulations of Garfield County. 3. Homeowners and Dietz wish to provide for the imposition of certain covenants and obligations to run with the ownership of the four (4) parcels created by Dietz upon approval of the Senate 'Bill 35 Exemption by the Garfield County Commissioners. -1- 4. The Elk Creek D owned by Dietz is served by an e boundaries of a proposed sixt Exhibit A, attached. COV velopment and the real property isting roadway situate within the (60) foot easement depicted on NANTS NOW, THEREFORE the par 1. Dietz agrees, u proposed Senate Bill 35 Exempti Association, for the benefit of the Elk Creek Subdivision, a sixty (60) feet in width as desc 2. Homeowners and portion of said easement shall vehicles at any time. 3. Dietz agrees tha and his assigns is for the purpo (4) parcels of land approved thr process and any lands owned by D Creek Development. Such access and egress to additional lands the Elk Creek Subdivision, lands. in 4. Prior to sale o ies agree as follows: on receipt of approval of the n, to dedicate to the Homeowners the owners of lots lying within on -exclusive perpetual easement ibed on the attached Exhibit A. ietz covenant and agree that no be used for the parking of motor the use of the easement by him e of providing access to the four ough the Senate Bill 35 Exemption etz or his assigns within the Elk shall not be used to gain ingress ned by Dietz situate easterly of the event Dietz subdivides such any of the parcels created by Dietz, Dietz agrees to impose restrictive covenants on the use of such parcels in form and con covenants to which the lots i currently subject. Such coven ent substantially equal to the Elk Creek Subdivision nts shall be enforceable by the are the owners of the parcels created by Dietz as well as by the Elk Creek Homeowners Association. Dietz may, at his election, choose to impose covenants upon the parcels owned by him which are more restrictive than the covenants to which the Elk Creek Subdivision is presently subject. 5. Dietz agrees to impose covenants upon the four (4) parcels of land to require future owners of the parcels to participate, on an equitable basis, with the Elk Creek Homeowners Association or the owners of the individual lots in the Elk Creek Development in providing for the costs of any improvements made to the roadway situate within the sixty (60) foot easement to be --- granted by Dietz. Further, such covenants shall ---provide . th.at,_the Ebur (4) parcels .,_of_...land shall not be subdivided to greater .-density in the future. 6. Dietz and Homeowners agree that the Homeowners may create a special class of members, including the owners of lots in the Elk Creek Development and the owners of the parcels to be created by Dietz for the purpose of assessing to such members the costs of improving and maintaining the roadway and other improvements, such as pedestrian walkways, to be situate within the sixty (60) foot easement granted by Dietz; and Dietz agrees to subject his parcels to membership in the Homeowners Association within such special class of members if deemed appropriate by the Homeowners Association. ft is intended that the provisions of thr -Iomeowners Association governing such assessments shall include he r ight _tto -co-llect delinquent assessments .- =rt.._.,ala4Y- nterest on -Overdue assessments, and to collect from the ion -prevailing party, the reasonable attorney's fees- and costs incurred in any actign_,.to collect eVc-h assessments. 7. Dietz agrees, for himself and his assigns, that the Homeowners, by entering into this agreement, are not assuming any obligation to Dietz or his assigns to maintain or improve the roadway situate within the sixty (60) foot easement. Any such obligation shall be governed by the common law of Colorado -3- pertaining to maintenance of easements, unless subsequently modified by action of the Homeowners including the owners of the parcels to be created by Dietz as a special class of members in the Homeowners Association. Dietz further agrees, for himself and the respective future assigns of each of his lots, to indemnify and hold harmless the Homeowners of any claims arising out of defective design, construction or maintenance of the respective driveways Viand--turn-out areas serving any of the four lots belonging to Dietz or his respective future assigns and to pay„ the seasonable attorney's fees incurred by the Homeowners in the Iefense of any such, claims. 8. Dietz agrees, that upon sale of the first of the parcels created by him to third parties, Dietz will cause the roadway situate within the easement to be improved by installation of appropriate culverts for the driveways serving Dietz's parcels and construction of pull -off areas for each parcel at the point of driveway access in order that access may be had to each of Dietz's parcels without interfering with the pre-existing use of the roadway by the owners of lots within the Elk Creek Subdivision. Such culverts and pull -off areas shall be sized, designed and constructed in a workmanlike manner, meeting good engineering and road safety standards, so that the use and condition of the roadway within the easement shall not suffer any ignificant, adverse effects. 9. The parties recognize that in order to implement the foregoing covenants and agreements it may be necessary to make amendments to the Articles of Incorporation of the Elk Creek Homeowners Association and to enter into additional agreements to carry out the intent of the parties. Dietz agrees to have such documents prepared at his expense, and to pay the cost of filing such documents with the appropriate authorities. -4- 10. This agreement shall be binding upon the parties, their heirs, successors and assigns. IN WITNESS WHEREOF, the parties have caused this memorandum agreement to be executed this day of , 1984. -5- ELK CREEK HOMEOWNERS ASSOCIATION By President Henry W. Dietz, IV kt LEAVENWORTH, PATRICK 6- LOCHHEAD, P C. ATTORNEYS AT LAW LOYAL E. LEAVENWORTH KEVIN L.PATRICK JAMES S. LOCHHEAD June 8, 1983 PETER A. MILWID Steven Zwick, Esq. Assistant County Attorney County of Garfield P. O. Box 640 Glenwood Springs, CO 81602 1011 GRAND AVENUE P 0. DRAWER 2030 GLENWOOD SPRINGS.COLORADO 81601 TELEPHONE: (303) 945-2261 Re: Henry W. Dietz, IV/Elk Creek Homeowners Association Dear Steve: On behalf of the Elk Creek Homeowners Association I have reviewed the enclosed Deed to the Homeowners Association for an easement for the water system, and am writing to let you know that this Deed meets with the approval of both myself and the Homeowners Association. JSL:jas Enc. cc w/enc: Very truly yours, LEAVENWORTH, PATRICK & LOCHHEAD, P.C. Mr. John Getz Mr. Henry W. Dietz es S. Lochhead WARRANTY EASEMENT DEED THIS DEED made this /3 -"'it- day of c /fit n ei , 1983, be- tween Henry W. Dietz, IV, whose address is P. O. Box 138, Diamond City, Arkansas 72644, of the first part and the Elk Creek Homeowners Association, a Colorado non-profit corporation, whose address is New Castle, Colorado 81647, of the second part: WITNESSETH that the said party of the first part, for and in consideration of Ten Dollars and other good and valuable con- sideration to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, sold and conveyed and by these presents does grant, sell, and convey unto the said party of the second part, its heirs and assigns forever, for the purposes herein stated, the following described real property situate, lying, and being in the County of Garfield, State of. Colorado, to wit: An easement on, under, over, through and across a parcel of land owned by the Grantor and described on Exhibits A, B, and C, attached hereto and incorporated herein by this reference for the purposes of constructing, operating, maintaining, repairing, installing, replacing, enlarging, improving, and removing water wells, storage tanks, pumps, treatment facilities, waterlines, and all other facilities appurtenant thereto or necessary for the operation thereof, or as may be necessary, useful, or proper to the transportation, use and distribution of water by the Grantee, together with a non-exclusive easement for reasonable access to said Easements over, through, and across the property owned by the Grantor described in Exhibits A and D, attached hereto and incorporated herein by this reference, such access to be for use by employees and authorized agents of the Grantee for . the purpose of reasonable ingress and egress by vehicle, motor vehicle, footor horseback in constructing, operating, main- taining, repairing, installing, replacing, enlarging, improving and removing said water wells, pumps, treatment facilities, waterlines and other facilities. The easements herein conveyed shall be for the benefit of and appurtenant to the water system of the grantee and the real property used in connection with said system. The Grantee may erect fences or other devices to restrict access to the wellsite easement or the storage tank easement. Provided Grantor does not interfere with the Grantee's acti- vities in the operation of its water system, Grantor may use in common with the Grantee the access and waterline easement herein conveyed as described in Exhibit A. In the event of construction or repair work within said easements by the Grantee, the Grantee shall restore the site upon completion of construction to its previous condition to the extent feasible. The Grantee shall not store any materials within the easements herein conveyed, which materials are not reasonably needed for the water system of the Grantee. TOGETHER WITH all and singular the herediments and appur- tenances thereto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof and all the estate right, title, and interest, claim, and demand whatsoever of the said party of the first part either in law or in equity of, in and to the above - bargained premises with the herediments 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 that said party -1- • 1 of the first part for its heirs, executors, or administrators does covenant, grant, bargain, and agree to and with the said party of the second part and its heirs and assigns that at the time of the ensealing and delivery of these presents, is well seized of the premises above -conveyed as of good, sure, perfect, absolute, and indefeasible estate of inheritance in law and fee simple and has good right, full power and authority to grant, bargain, sell, and convey the same in the manner and in the form as aforesaid, and that the same are free and clear of all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of whatever kind or nature except: Reservations and exceptions contained in the United States Patents; All of the above in the records of the Clerk and Recorder of Garfield County, Colorado. And the above -bargained premises in the quiet and peaceable possession of the said second party, its heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall warrant and forever defend. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal as of the day and year first above written. STATE OF COLORADO ) ss. County ofn.�� The foregoin instrument was acknowledged before me this /4„572) day of , 1983, by Henry W. Dietz, IV. WITNESS my hand and official seal. My Commission expires: yz9 8g -- Notary •ublic Address: df49-/-,SZ • Exhibit A SHALE COUNTRY SURVEYING Midford L. Coolbaugh L.S. 10871 515 W.2nd SalleAaxExZhlrdzSttr Suite 4 Rifle, Colorado 81650 Ph. 625-3158 • LEGAL DESCRIPTION FOR WELLSITE. A parcel of land in the NE4 of Section 25, T.5 S., R.91 W. of the 6th P.M., Garfield County, Colorado and being more particularly described as follows: Beginning at the Center 4 Corner of said Section 25, thence N.00°07'59"E. and along the Westerly line of said NE4 a distance of 106.97 feet; thence East a distance of 120.00 feet; thence S.00°07'59"W. and parallel to said Westerly line of said NEI a distance of 106.97 feet more or less to the Southerly line of said NE4; thence West and along said Southerly line a distance of 120.00 feet more or less to the Point of Beginning. Contain- ing 0.2947 acres more or less. LEGAL DESCRIPTION OF EASEMENT FOR WATER LINE AND ACCESS ROAD TO WELLSITE. A tract of land in the NE4 of Section 25, T.5 S., R.91 W. of the 6th P.M., in Garfield County, Colorado, and being more particularly described as follows: Beginning at the Center 4 Corner of said Section 25; thence N.00°07'59"E. a distance of 106.97 feet; thence East a distance of 120.00 feet; thence S.00°07'59"W. a distance of 23.42 feet to the Point of Beginning of this easement, said point being 12.5 feet Northwesterly of the existing water line; thence N.65°21'58"E. and parallel to said water line a distance of 341.24 feet more or less to a point on the Southwesterly right-of-way line of County Road No. 245; thence N.65°21'58"E. a distance of 341.24 feet more or less to a point on the Southwesterly right-of-way line of County Road No. 245; thence N.84°35'06"E. and along said right-of-way line a distance of 39.33 feet. The following three courses describe the Southeasterly line of this easement and include an existing roadway, all points along these said 3 courses are more than 12.5 feet Southeasterly of said existing water line; thence S.13°57'33"W. a distance of 41.29 feet; thence S.71°05'41"W. a distance of 173.57 feet; thence S.62°31'17"W. a distance of 197.67 feet more or less to the Easterly line of a welisite; thence N.00°07'59"E. and along said Easterly line a distance of 41.57 feet more or less to the Point of Beginning of this easement. Containing 0.2977 acres more or less. • EXHIBIT "B" SHALE COUNTRY SURVEYING Midford L. Coolbaugh L.S. 10871 515 West 2ndSatteAAMExYhUdat. Suite 4 Rifle; Colorado 81650 Ph. 625-3158 June 7, 1983 • AN EASEMENT FOR A WATER LINE TO SERVE ELK CREEK HOMEOWNERS ASSOCIATION. A tract of land in the NEI, of Section 25, T.5 S., R.91 W. of the 6th Principal Meridian in Garfield County, Colorado, being 25 feet in width and being 12.5 feet on either side of the following described centerline: Beginning at a point from which the Center I, Corner of said Section 25 bears S.62°56'09"W. a distance of 449.11 feet; thence N.05°24'54"W. a distance of 48.05 feet; thence N.54°17'34"W. a distance of 158.40 feet; thence N.58°28'52"W. a distance of 67.28 feet; thence N.28°05'04"W. a distance of 137.37 feet; thence N.21°12'15"E. a distance of 180.99 feet; thence N.42°15'10"E. a distance of 280.55 feet; thence N.36°34'01"E. a distance of 186.37 feet; thence N.37°42'30"E. a distance of 163.95 feet; thence N.44°31'42"E. a distance of 54.92 feet; thence N.50°33'31"E. a distance of 432.85 feet; thence N.44°44'33"E. a distance of 412.39 feet to a point of terminus on the Southwesterly line of the Elk Creek Homeowners Assoc- iation tank site, from which the said Center I, Corner of said Section 25 bears S.35°43'09"W. a distance of 2210.58 feet. Midford Coolbaugh L.S.108 411 EXHIBIT C• SHALE COUNTRY SURVEYING Midford L. Coolbaugh L.S. 10871 515 W.2nd staltzzziggEwfutdsz, Suite 4 Rifle, Colorado 81650 Ph. 625-3158 June 7, 1983 TANK SITE EASEMENT. A parcel of land to be used for water storage tanks and the associated water lines, situated in the NEi of Section 25, T.5 S., R.91 W. of the 6th Principal Meridian in Garfield County, Colorado and being more particularly described as follows: Beginning at a point from which the center Corner of said Section 25 bears 5.35°43'09"W. a distance of 2210.58 feet; thence N.45°15'27"W. a distance of 45.00 feet; thence N.44°44'33"E. a distance of 75.00 feet; thence 5.45°15'27"E. a distance of 90.00 feet; thence 5.44°44'33"W. a distance of 75.00 feet; thence N.45°15'27"W. a distance of 45.00 feet more or less to the Point of Beginning. Containing 0.1550 acres more or less. 7 Midford Coolbaugh L.S.108 • • EXHIBIT D That portion of the Northeast Quarter of Section 25, Township 5 South, Range 91 West of the Sixth Principal Meridian, excluding the Elk Creek Subdivision, as contained in the records of the Clerk and Recorder, Garfield County, Colorado, and the following parcel of land in said Northeast Quarter of said Section 25: Beginning at the center Quarter Corner of said Section 25; thence N.00°07'59" East a distance of 435.67 feet to a point on the Southwesterly right-of-way line of County Road No. 245; thence Southeasterly following a curve to the left along said right-of-way line whose radius is 639.81 feet and whose central angle is 38°09'07" for an arc length distance of 426.03 feet and whose chord bears S.62°09'05" East 418.21 feet; thence con- tinuing along said right-of-way following a curve to the right having a central angle of 22°27'01" and a radius of 650.52 feet for an arc length distance of 254.89 feet and whose chord bears S.70°00'08" East 253.27 feet; thence continuing along said right-of-way line S.58°46'37" East a distance of 254.94 feet; thence continuing along said right-of-way line, along a curve to the left having a central angle of 01°09'34" and a radius of 1316.73 feet for an arc length distance of 26.65 feet and whose chord bears S.59°21'24" East. 26.65 feet to a point on the southerly line of the Northeast Quarter of said Section 25; thence S.89°27'50" West and along the said Southerly line a distance of 849.76 feet more or lessto the Point of Beginning.