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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 iww.gar i l i-r ou ttmom Exemption from the Definition of Subdivision GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: North of Delores Way (Garfield County Road 196). Carbondale, Colorado ➢ Legal Description of Parent Property: see map with legal description included in application ➢ Size of Property (in acres) as of January 1, 1973: Approximately 329.8 ➢ Current Size of Property to be Subdivided (in acres): Approximately 295.35 ➢ Number of Tracts / Lots Created Including remainder of Parent Property: 2 ➢ Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: 1 containing 5.65 acres o Lot #: 2 containing 239.7 acres o Lot #: containing acres o Lot #: containing acres o Lot #: containing acres ➢ Property's Zone District: A/R/RD ➢ Name of Property Owner (Applicant): Colorado Rocky Mountain School, ATTN: ➢ Address: 1493 County Road 106 Telephone: 953-2562 ➢ City: Carbondale State: co Zip Code: 8162.3 FAX: 963-9365 ➢ Name of Owner's Representative, if any (Planner, Attorney): Balcomh & Green, P.C., ATTN: Lawrence R. (=r Pen, 1-7Gr1 ➢ Address: 818 Colorado Avenue ➢ City: Glenwood Snrinas State: co • Doc. No.: Telephone: 945-6546 Zip Code: cirri FAX: q/45_A76q STAFF USE ONLY Date Submitted: TC Date: Joe White • • a plat of a conditionally approved exemption until all conditions of approval have been complied with. 9. The Applicant shall be required to submit a paper copy of the plat and proof that all the conditions of approval have been met to the Building and Planning Department at least twenty-one (21) days prior to the expiration of the 120 -day deadline required for signing the plat by the Board. This is to ensure timely Staff review of the materials submitted as well as proper scheduling the plat to be signed by the board. 10. Once all of the conditions, if any, have been satisfied, an Exemption Plat shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed. The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. I have read the statements above and have provided the required attached information which is correct and accurate to the b t of my knowledge. BALCO1MB & GR ..' , P.C. 4 / 1/9/07 (Si. atur- of applicant/o ner)L rence R. Green, Esq. Date Last Revised: 2/2006 6 01/05,.2007 02:56 FAX 9709639365 CRMS • • January 5, 2007 Garfield County Building and Planning Department 108 8'11 Street, Suite 401 Glenwood Springs, CO 81601 Re: Application for Subdivision Exemption for the CRMS Exemption Dear Madam or Sir: UJ002'002 Colorado Rocky Mountain School is the owner of the real property which is the subject of the Application for CRMS Subdivision Exemption which seeks to subdivide approximately 5.65 acres of real property lying north of Delores Way from the remainder of the CRMS property. CRMS hereby authorizes Lawrence R. Green, and the firm of Balcomb & Green, P.C. to act in all respects as the authorized representatives of CRMS to submit and prosecute the above -referenced land use application. Very truly yours, COLORADO ROCKY MOUNTAIN SCHOOL B EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN DANIEL C. WENNOGLE SCOTT GROSSCUP • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P.O. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 VIA HAND DELIVERY TELEPHONE: 970.945.6546 FACSIMILE: 970.945.8902 www.balcombgreen.com March 8, 2007 Mary Ray, Senior Planner Garfield County Building & Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 v ED MAR 0 9 2007 GARFIELD COUNTY BUILDING & PLANNING KENNETH BALCOMB (I 920-2005) OF COUNSEL: JOHN A. THULSON RE: Colorado Rocky Mountain School, Request for Exemption from the Definition of Subdivision Dear Marv: In response to your letter dated February 12, 2007 notifying me that the application for the above -referenced subdivision exemption had been deemed technically incomplete, I have enclosed the following: 1. Letter Report from Sopris Engineering, Inc. dated February 28, 2007 setting forth the results of their investigation of the on-site waste water system which provides service to the proposed exemption parcel; and 2. Report of Samuelson Pump Co., Inc. dated March 2, 2007 setting forth the results of a pump test conducted on the well which provides service to the proposed exemption parcel. As you will see, the enclosed reports conclude that the on-site waste water system and the well are both in good working order and provide adequate service to the existing improvement on the proposed exemption parcel. • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW PAGE 2 MARCH 8, 2007 My client and I are hopeful that upon your receipt of this letter and the enclosed documentation, you will be able to schedule the subject application for subdivision exemption for consideration by the Board of County Commissioners at its first available opportunity. Please contact me if you have any additional questions about this matter. Very truly yours, BALCOMB & GREEN, P.C. LRG:skl Enclosures Cc w/out enc.: Joe White, CRMS awrence R. reen r February 28, 2007 Larry Green, P.C. Attorneys at law 818 Colorado Avenue Glenwood Springs, Colorado 81602 Mary Ray Garfield County Building and Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 RE: Existing Onsite Wastewater System Evaluation, 1274 Delores Way, Colorado Rocky Mountain School, System Satank House, Carbondale, Garfield County, CO SE Job No. 27046.01 Dear Gentleman: Pursuant to your request, attached is a letter/report presenting our findings and analysis in regard to the existing Onsite Wastewater System (OWS) at the above referenced Site. This evaluation is based on our understanding and limited observation of the site conditions, septic tank and review of available system maintenance information for use in supporting your discussions and application to Garfield County. Our evaluation and opinion is provided as a response to item No. 1 in the written request for additional information letter from Mary Ray to Larry Green, P.C., dated February 12, 2007. Our opinions and recommendations are in accordance with Garfield County and the State of Colorado ISDS Regulations. Conclusions The existing septic system is currently in use and adequately functioning. Therefore we recommend that its use continue to accept wastewater from the existing single family home. The existing 1000 gallon two compartment septic tank is adequate for the estimated design flows at the home with its current usage. No evidence has been observed to suggest that the tank may be functionally compromised. No problems have been reported or observed regarding the function of the interior or exterior drain lines, septic tank or absorption field. Typical maintenance has been performed on two occasions over the past 6 years. We assume that the absorption field is a gravel and pipe bed typical at the time of construction. Based on our site observations, we believe the field envelope may be up to 40 by 20 feet located approximately 50 feet north of the tank. Due to the lack of evidence or reports of surfacing or backups we assume that treatment and absorption is occurring and adequate for the time being. We do not believe that the system requires any immediate upgrades for continued function or capacity with current usage. If and when improvements or redevelopment of the property is proposed, an upgraded and/or new replacement OWS or possible sewer service connection with the Town of Carbondale system should be considered. Therefore we recommend that use of the OWS continue with periodic inspections. 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGINEERING • LLC civil consultants • • Findings Joe White & Mary Ray SE Job No. 27046.01 March 2, 2007 Page 2 It has been reported that the house was built in 1970 and we assume that the OWS was installed at that time. The existing home has been remodeled to various extents and contains a master bedroom with 3 additional small bedrooms. The house has a 3/4 bathroom, a full bathroom and a kitchen. It appears that all fixtures in the home have been upgraded at some time and are typical newer type water conserving fixtures. All plumbing was observed to be in good working condition with no evidence of leaks or slow drains. The waste lines are cast iron and in good condition. The sinks and toilets appeared to drain and flush normally. We inspected the septic tank and believe that it is functioning normally with no evidence of elevated liquid levels. The septic tank is a modern style two compartment concrete tank with a 24 inch deep concrete access riser and lid assembly. The tank was observed to be level, structurally sound and installed with the top tank lid approximately 2 feet below the existing ground surface. The top of the riser access lid is 3" above the ground surface and is in good condition. The interior tank side walls appear to be smooth, the riser is water tight, properly sealed and grouted, sanitary tees are in place and the liquid level is normal. No evidence has been observed to suggest that the tank may be functionally compromised. Free flow of waste water into the septic tank was observed by draining a full bath tub with no rise in the normal tank liquid level. The waste water appeared to flow downward in the sanitary tee as normal. No evidence of backup between the tank and the house was observed in the tank. The most recent periodic maintenance performed on the system included complete pumping of the septic tank on August 22, 2001 and jet cleaning of the sewer line in the house to the tank on April 16, 2004. No other maintenance has been needed to date. The existing tank conditions based on our recent inspection revealed a typical moderately dense scum layer approximately 1 to 2 inches thick, a typical dense sludge layer approximately 5 to 6 inches thick and a clear zone layer approximately 40 to 42 inches thick in the 48 inch depth from the normal liquid level. We recommend that the tank be pumped within 6 to 18 months and inspected again in April then every six months for the duration of its service. We calculated the average and peak effluent flows at the home to be 480 gpd and 720 gpd respectively based on a reduction factor of 20% for installed water conserving fixtures with consistent peak occupancy of 4-6 persons over the years. The calculated required minimum peak day septic tank capacity is therefore 900 gallons. The existing 1000 gallon septic tank is adequate to provide primary treatment for the calculated peak day effluent flow. We assume that the absorption field is a gravel and pipe bed typical at the time of construction. Based on our field observations, including the orientation of the tank, grading, vegetative evidence, we believe the field envelope may be up to 40 by 20 feet located approximately 50 feet north of the tank. A healthy rectangular area of dense grass was observed in this logical location. Inspections of the surface soils within the flat graded envelope and surrounding land at or lower in grade do not suggest or provide any evidence that effluent surfacing is occurring or has occurred in the past. The assumed absorption field is located in a relatively flat open area containing native grasses with weeds and is located approximately 100 feet from the existing domestic well. The static water level in the existing well was recently measured and reported to be approximately 51 feet. No ditches or other water course are within a 100+ feet of the assumed field • Joe White & Mary Ray SE Job No. 27046.01 March 2, 2007 Page 3 location. Therefore we assume that treatment and absorption is adequate for the time being and the system is functioning within general performance specifications. The existing home has been primarily occupied by school staff members and family over the years. The current population in the house is 4 people. It has been reported that this number of persons has been generally consistent over the years. Therefore we would not expect prescriptive peak flows to occur based on two people per bedroom in a 4 bedroom home. Existing Design Flow Analysis Based on the installed water conserving fixtures and consistent peak occupancy we have calculated the peak daily effluent flow as follows: The design flow for the existing system is based on a 4 -bedroom single family home with modern plumbing fixtures and typical per capita usage. From the State of Colorado I. S. D. S. Regulations; Average daily per capital flow single-family = 75 gal/person/day 4 -bedroom home @ 2 person /bedroom = 8 person Average flow (Q) = # of people x 75 gal/person/day. Flow reduction for water conserving fixtures (Rf) = 20% Peaking factor (Pf) = 150% Existing Design flow (Qd) = (Q) x (Rf) x (Pf) = gal/day Qd = 8*75*0.8*1.5 =675 gal/day Septic Tank Required Capacity Per regulations Qd = 720 gal/day Volume (V) of tank = Design Flow * 1.25 (30 hour retention time) V = 720 gal/day * 1.25 = 900 Continued use of the existing 1000 -gallon septic tank is adequate for the calculated daily design flow. Existing Absorption System Based on our knowledge of the general area, observations of onsite soils, and geotechnical evaluations performed in similar areas nearby, we believe that soil conditions allow for effective conventional treatment and absorption. The subsoils expected at the site generally consist of approximately 1 foot of topsoil overlying slightly silty sands and gravel alluvium with cobbles. Seasonal high groundwater is expected to be at a depth over 20 feet below the surface. We assume that the percolation rate will be approximately 5 minutes per inch at the depth of the distribution laterals. A rate of 15 minutes per inch is assumed for the existing field based on a developed biomat at the infiltrative surface. • • Joe White & Mary Ray SE Job No. 27046.01 March 2, 2007 Page 4 The existing absorption field system is assumed to be adequate to serve the needs of the facility in the short term. It is noted that no problems have been reported or observed to indicate failure of the assumed pipe and gravel leach field. No seepage, surfacing, unusual soil conditions, depressions or other evidence indicating poor function or failure has been observed. Based on our general knowledge of the geotechnical conditions in the area we assume that the soils are adequate for subsurface secondary treatment of effluent utilizing a conventional absorption system. Therefore we recommend that the use of the system be continued with periodic inspections and maintenance until redevelopment of the site occurs. System Recommendations The septic tank and sewage effluent line should be periodically inspected, maintained and repaired if needed during the short term before redevelopment occurs. All fixtures should be maintained leak free with water conserving devices in place to limit the daily flow rates. The expected life of absorption systems vary per use. Additional inspections and maintenance may be needed if physical or functional problems arise. We recommend that the tank be pumped within 18 months and inspected again in April then every six months until pumped and/or properly abandoned/removed. We recommend that the full time occupancy be maintained at the current 4 person and no more than 6 people. This evaluation provides analysis of the existing system based on, observed, reported and assumed information only. SE has not verified the as -built conditions of all the systems components. Sopris Engineering, LLC does not provide or infer any legal opinion of the use of the existing system. If you have any question or need any additional information, please call. Sincerely, SOPRIS ENGINEERING, LLC Paul E. Rutledge Design Engineer Cc Joe White, Colorado Rocky Mountain School 0302/2007 11;07 9709 f March 2, 2007 SAMUELSDN PUM• IC PAGE 01/01 Colorado Rocky Mountain School. 1493 County Road 106 New Castle, Co. 81623 ATTN_ Joe White 6LEAME07 ore1Mo1, On 2/20/07, a well test was conducted on a well at 1274 Delores Way. The following information was obtained; Well Depth 56' Casing Size 7" Standing water level 51,1' Total test time 4 !-lours Drawdown to 53.5' Production is 11 GPM This test was conducted with the existing 3/4 Hp pump. The well water level recovered hack to 51.1' in 15 Minutes. If you have any questions please call me. Raun Samuelson at 970-945-6309. Sincerely; /n Raun E Samuelson Samuelson Plump (fin. P.O. Box 297 • Glenwood Springs, CO 81602 • (970) 945-6309 • Fax (970) 947-9448 Water Systems • Sales, Service & installation EDWARD MULHALL. JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN DANIEL C. WENNOGLE SCOTT GROSSCUP JORDAN C. MAY I3AI.('OMII.3 d GREEN, P.C. ATTORNEYS ORNI':1 N .\'I' LAWS' 1'. 0. I)h.\W flit 790 Ni I S COLORADO AVENUE (GLENWooI) SPRINGS, COLORADO 8160'2. 'I'411.I1PIIONE: 97O.9 15.65.16 10.‘esimILPo: 970.917;A/769 www.halcombgreen.com October 10, 2007 OC� Carbondale Rural Fire Protection District ATTN: Ron Leach, District Chief 300 Meadowood Drive Carbondale, CO 81623 Re: Colorado Rocky Mountain School Dear Ron: KENNETH BALCOMB 1 920-2005) OF COUNSEL: JOHN A. THULSON The Garfield County Commissioners have approved the Final Plat for Colorado Rocky Mountain School Subdivision Exemption. As required by the Garfield County subdivision regulations we have enclosed our check #43707 in the amount of $874.00 in payment of the Fire District impact fee of $437.00 per lot for each of the 2 lots within Colorado Rocky Mountain School. As always please call with any questions you may have regarding this matter. Very truly yours, BALCOMB & GREEN, P.C. Lawrence R. Gre n LRG/bc Enols. xc: Joe White (w/out encls.) Garfield County Building and Planning Department I'? + :.. x-�^t3.sr?. ,':}fivs,w .fvxa�x.:.:,e r53<vrzil 82-340/1021 1- Z n 2-.1 Q n CO nj o e 03 11; 6) 488'1 w Cdg:a� neht co —ads o aI�m 0— Z l Y ♦ _ 0 Z cO w ° a` «f °rn�a CO°•No 2a 0 O U W J Q m 0 ,rx cci O r m O A 0 r-+ C 0 o �+ u ,b CU Cd 0 $a Fa A O a) Fr --1 aJ 0.1 1J ° bcd O Gr) cd L L W u_ wO w 0 00 C::IS Impact Fees u'0004 3 70 7O' SOIL SURVEY OF ASPEN-GYPSUM AREA, COLORADO, PARTS OF EAGLE, GARFIELD, AND PITKIN COUNTIES • E 8 8a 0 w r "' (T7 d F 2 8 U` a J J g m a: f0 co V) a) Q (0 E cd d o a� a) E o O w v (ti - (0 E a,a) o co a' N � c E 13 0 L � �L a) O E O E E N u1 a)�O C o -a E O L O o. 2 L O 0 Q zs0 N IP 1 < O > + : - o o ( (N r r So N c Soil Survey of Aspen -Gypsum Area, Col of Eagle, Garfield, and Pitkin Counties Map Unit Legend Summary Aspen -Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 13 Atencio-Azeltine complex, 3 44.8 100.0 to 6 percent slopes USDA Natural Resarces Conservation Service Web Soil Survey 1.1 1/9/2007 National Cooperative Soil Survey Page 3 of 3 • Non -Technical Descriptions Soil Survey Area: 655 ASPEN -GYPSUM AREA, COLORADO, PARTS OF T • !VT V !'1 • T TITTIT T • 1 TT, nTTTr.\T !'1 AT T% TTTT,(1 Map unit: 13 Atencio-Azeltine complex, 3 to 6 percent slopes Description Category: SOI This map unit is on alluvial fans and terraces. This unit is 60 percent Atencio sandy loam and 30 percent Azeltine gravelly sandy loam. The Atencio soil is deep and well -drained. It formed in alluvium derived dominantly from sandstone and shale. The surface layer is sandy loam 10 inches thick. The subsoil is sandy clay loam 10 inches thick over gravelly sandy loam 4 inches thick. The u pper 6 inches of the substratum is gravelly sandy loam. The lower part to a depth of 60 inches is very gravelly sand. In some areas the surface layer is gravelly or cobbly. Permeability is moderate to a depth of 30 inches and rapid below this depth. Av ailable water capacity is low. Effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight to moderate. The Azeltine soil is deep and well -drained. It formed in alluvium derived dominantly from sandstone and shale. Permeability is moderate in upper part, and rapid below a depth of 16 inches. Available water capacity is very low. Effective rooting depth i s 60 inches or more. Runoff is slow, and the hazard of water erosion is slight to moderate. Tuesday, January 09, 2007 Page 1 of 1 • • February 12, 2007 Larry Green, P.C. Attorneys at law 818 Colorado Avenue Glenwood Springs, Colorado 81602 RE: Exemption from the Definition of Subdivision Dear Mr. Green: The purpose of this letter is to notify you that the application you submitted for an Exemption from the Definition of Subdivision has been deemed technically incomplete due to certain deficiencies in your submittal. Please address the following: 1). Based on the submitted information the existing on site well and ISDS system have aged considerably. Therefore, in order to proceed further with this application both systems will have to be analyzed and a report prepared by a professional licensed engineer that they are capable of operations per current standards. Once the requested information is received I look forward to continue working with you to process this application for an available Board of County Commissioners meeting. Should you have any questions don't hesitate to contact me. Sincerely, Mary Ray, Senior Planner 970.945.8212 • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW EDWARD MULHALL, JR. P. O. DRAWER 790 SCOTT BALCOMB 818 COLORADO AVENUE LAWRENCE R. GREEN GLENWOOD SPRINGS, COLORADO 81602 TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE Telephone: 970.945.6546 THOMAS J. HARTERT Facsimile: 970.945.9769 CHRISTOPHER L. GEIGER SARA M. DUNN RECEIVED www.balcombareen.com DANIEL C. WENNOGLE SCOTT GROSSCUP JAN 1 2 2007 January 9, 2007 GARFIELD COUNTY BUILDING & PLANNING VIA HAND DELIVERY TO: Fred Jarman, Senior Planner Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 KENNETH BALCOMB (I 920-2005) OF COUNSEL: JOHN A. THULSON Re: Application for Subdivision Exemption for Colorado Rocky Mountain School Dear Fred: On behalf of Colorado Rocky Mountain School ("CRMS"), we are enclosing herewith two copies of an application for subdivision exemption. By this application CRMS is seeking approval from Garfield County to subdivide an approximately 5.65 acre tract of land (the "Exemption Parcel") from the remainder of the property owned by the School (the "Remainder Parcel"). The Exemption Parcel lies north of Delores Way, a/k/a Satank Road (Garfield County Road 106) and is physically separated from the Remainder Parcel by the County Road. This application consists of this letter, together with the following documents: 1. Completed Exemption from the Definition of Subdivision application form. 2. Letter from CRMS authorizing me and this firm to submit and prosecute this Application. 3. A narrative explanation of why CRMS is requesting the exemption. 4. Proposed plat of the CRMS Subdivision Exemption which includes a sketch map of the Exemption Parcel and the Remainder Parcel and a vicinity map. 5. Copy of Deed demonstrating that CRMS is the owner of the subject property. • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Fred Jarman, Senior Planner January 9, 2007 Page 2 6. A list of the names and addresses of owners of record of land immediately adjoining and within 200 feet of the Exemption Parcel. To our knowledge there are no mineral owners or lessees of mineral owners of the proposed Exemption Parcel. 7. Evidence of soil types of the Exemption Parcel obtained from the United States Soil Conservation Service. 8. The existing single family dwelling on the Exemption Parcel receives domestic water from a well on the property. A copy of the well permit, court decree and related documents for such well is attached. Development on the Remainder Parcel, which consists of all of the CRMS educational, administrative and housing facilities, receives domestic water service from the Town of Carbondale municipal water system. 9. The existing single family home on the Exemption Parcel receives wastewater treatment service from an existing ISDS system on the property. Development on the Remainder Parcel receives wastewater treatment service from the Town of Carbondale municipal sewer system. 10. The Exemption Parcel and the Remainder Parcel are within the Carbondale & Rural Fire Protection District. A letter from the Carbondale Fire District is attached. 11. This subdivision exemption application does not anticipate any present additional connection to a municipal water or sewer system, so no "willingness to serve" letter is included. 12. We submit that this property qualifies for exemption under the provisions of Section 8:52(A) of the Garfield County Subdivision Regulations because the Exemption Parcel is physically separated from the Remainder Parcel by Delores Way (Garfield County Road 106) and thus may be divided without regard to the four lot limitation otherwise applicable. See the narrative description for more information. 13. Our check in the amount of $300.00 which we understand to be the correct application fee together with the executed Agreement for Payment Form. • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Fred Jarman, Senior Planner January 9, 2007 Page 3 Please do not hesitate to contact me should you have any questions about this application. As always, we look forward to working with you to process the CRMS Subdivision Exemption Application. LRG/bc Encls. xc: Joe White (w/encls.) Very truly yours, BALCOMB & GREEN, P.C. Lawrence R. Green • EXPLANATION OF REQUEST FOR SUBDIVISION EXEMPTION CRMS is requesting to subdivide a parcel of land containing approximately 5.65 acres (the "Exemption Parcel") from the remainder of its property. The Exemption Parcel is an isolated tract of land which is separated from the remainder of the CRMS property by Delores Way, which is also known as Satank Road or County Road 106. There is a small, single family home upon the Exemption Parcel which CRMS presently uses to house one of its faculty members. Other than this limited residential use, the Exemption Parcel is of little benefit to CRMS because of its physical separation from the rest of the CRMS Campus by Delores Way and the resultant inability to integrate the Exemption Parcel into the CRMS Campus activities. CRMS desires to subdivide the Exemption Parcel from the rest of its real estate so that it may market and sell the parcel. CRMS has determined that now is an appropriate time to convert this portion of its real estate assets into cash, which will assist in the continued growth and viability of the School. CRMS is obviously not in the land development business and has no intention of developing the Exemption Parcel upon approval of the requested exemption. It is presumed that any purchaser will use the property as it currently exists or seek to obtain approval for additional development on the property from either Garfield County or through annexation to the Town of Carbondale. In either event, before any new development occurs on the Exemption Parcel the County or the Town of Carbondale will have the opportunity to conduct a full zoning and subdivision review of the ultimate uses to be made of the Exemption Parcel. Until this initial subdivision, however, CRMS cannot accomplish its goal of selling the property. The Exemption Parcel is physically separated from the remainder of the CRMS property by Delores Way, and the proposed subdivision will occur along this public right- of-way. We therefore submit that the property qualifies for exemption under the provisions of Section 8:50(A) of the Garfield County Subdivision Regulations. This Section provides that a parcel to be divided by exemption that is split by a public right-of- way may, in the discretion of the Board, be considered for exemption without regard to the four -lot limitation that would otherwise be applicable. CRMS respectfully requests that under the foregoing circumstances the Board exercise its discretion and conclude that the property is eligible for exemption. In further support of this request, we want to provide Garfield County with some background information about the property. The great majority of the CRMS land, including the Exemption Parcel, was acquired in a series of acquisitions in the 1950s. Additional parcels of land were acquired up through December 1971, so that on January 1, 1973, the CRMS property consisted of approximately 330 acres. In 1979, approximately 52 acres of the CRMS property along • • its eastern and southern flanks were annexed to the Town of Carbondale. This annexation did not effect any subdivision, however. In April 1990, CRMS conveyed 12.96 acres of the land previously annexed to the Town. This property was approved for development by the Town of Carbondale and is now known as the "Kay Planned Unit Development" within the municipal limits of Carbondale. The Kay PUD borders the Exemption Parcel on the east. In 1998, the Town of Carbondale approved the subdivision of a tract of previously annexed land containing approximately 21.76 acres. CRMS subsequently sold this parcel in 1999. It is now generally known as the "Marketplace Property", and its development has been the subject of debate in Carbondale since that time. The remaining portions of CRMS property that are within the municipal limits of Carbondale are depicted on the second page of the proposed exemption plat included in this application. Except for the sale of the Kay PUD and the Marketplace Property, the CRMS land has existed as shown on the second page of the plat since 1971. f 1)1l• ). Inti ,, 11. 0. 1'IIII)I;AIfX, 11, and AUDI -11.1i 0'. 1'fi.I1)l',Af1>4 to „I'tl,,fir:, pa, 'id COLO!? ADO R( )(.'.k. , iA10LINTAIN SCHOOL, INC., 11 Colorado Corporation, porati >n, u',i;a11 or Garfield and tdntoofColorado, crfthe secondpart ; \CI'I'; P;titil;"I'll, 'I•l;;if Ihr s;ci,l I,;,rltr,s of the first par), for at1d iu eonsilerittiolr of the SLID of ONE DOLLAR AND OTHER VALUABLE CONSIDERATION to the said parties of the first part in haul paid I,y Ihr said parties of the second part, the rereipl uherrnl' is Imrchy ronl'essrd and tteltnowleiI rd. have granted, bargained, sold turd con - I, Hint lt,y then • pro,v,'nls •In grant, Itarg.ain, r„nr,'y an,l rnnfirtn unto the said part sio 11',SS'rrs „f the• second pi,rt, itn IIeA1R;nt' a:"inn-, forever. all the Following describe() lots or parcel or land, situate, Tying and bring. in the Cotu,ty of (,arfietd and titnlr ul' ('ulnrndo, Inuit: Dots 16 and 20 :mil Thud port, -,f 1,1)1 1 ri I.v in,z; taslet Iy of the Coutlty II,.,:itl in - 'r•li ,1I 215, '1'ownsltil, 7 5vuth, Range, 138 West of the 610 Principal I\1trieli:u,, ex •fluting howe'wt'r that part of Loi 20 hereto- fore ,'o,ncycd to Cant Squires arid /\,111❑. K. Squirts by Warranty 1)rc'tl recorded , sr'ded in tit,' oftit'c' of Ihr ('lorl. and R.,'c'nreier of Garfield Count'. Ctllurnd ,. ,ts Uut „nteni, No. 167)101 in hook 241 at page 27'1 Iheteol :cul es;r,'pling that part. of Lots 16 and 20 heretofore rnnvt•`',•tl to, Ben (lianine'tli and Alphunsint (iinniuelti by Warranty 1)o 'd rt,'orelcd in thte office of the Clcrk and Recorder of Garfield ('onniIV, color -0(1o, as Document Cdt,. 171220 in hook 248 at page 4511 Ito,roof, Also Hitt part t,1' Li)) I in hct'lion 33. 'Lnw„Sltili 7 S „-tth, liauge 88 \yrst ,I' tat: Iith I,yiug scull, anti wast. ;,f the right of w:o,_ .,I' Tho L)t'nve'r tnul Rio (;I•artde Wf'S 1 CLIO ttailroad Co. Also, 1111. , 1..1_ls 7, 111 and 11 a,id 1.1111 I,:rt'1 uI Lut 2 South 111,1 West of i.hr' ri);111 of way :0 the L)invcr ,till Rio Grande Western Railroad (0 . , and Lois '1 situate ,2asler'ly of the County road, all in Sot li;,', 'di, 'Township '7 South, Range 813 West t,1' the, 6th Principal :AridiLcn. Together with cill water and water rights, ditches and ditch rights appertaining to or used in cubit, li_,n with all id the properties above and 11) the, tit,c1:f:u'e1 Ditch unit the water rights a1(1 i 111iva1 '11 1 11'I t'll,, tat scut Itt: ing Di1.1•11 11' {G. with Pri:.rt•ity IN.:. 01 f,n' 111 ,chic 11°1 1 of wdtor per.. secuncl -_rf 1iute and Priority Pio 'tail tot• 211 I1.1 cubit' 01.1.1 iif utct• pe.I• second of time, in the ,Ie crops ,,f 1111, District ('.,ur1 ;,nil I', n' \V,tttr• Disl rit•1 Nu. 38. i'; Subject however, to any and all easements ur rights of way of a public or private nature and any reservations made by the U.S. A. in patents to said property, also subject to any prior reservation of any mineral and mineral rights or oil and nil rights or royalties. Together with any and all improvements situate thereon. I' ITRD STATES INTERNAL RLnATt 220TR':vnfANs rivENTf'l:\T9 RTITL`.S' INTERNAL HEtTATL TO(;ETHER 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 appurte- 4 'lances unto successors the said parties of the second part, its and assigns forever. And the said R. 0. PRIDEAUX, II and AUDREY F. PRIDEAUX, part1es of the first part, for them selves, their heirs, executors and administrators, do covenant, grant, bargain successors and agree to and with the said party of the second part, its 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 end indefeasible estate of inheritance in law, in fee simple, and hta'e good right, full power and lawful authority to grant, bargain, sell 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 iueumbrances of whatever kind or nature soever. • Doi quiet and pii: ;tidoIn�.��• ;Ind the above bargained premises in pari "1.1, 11.5 Sul yr:55,11 Ici31 azul IIIfII Il;rtII all ;nal crr;,' ;oil II or II,°rye u,: I;I e'fllllr �Ini 1111' ur I�, I Initn ilio whole or aIV part In,t ol' IIn, said Inn til :> III' lfirst. part shall and 'will \V'.\ NN'I' ,1NI) h111�7•;VG1L llli.b'1';N'.D. IN \V'I'I'NI:NF; Al"IIP:IiISltfr'I'iie said pia il` l ler 1'irhl Iwrl hay1 hereunto scl, their band anll s,nF� IIN,d,lc and �r;Ir I`irsl ahuv. �rriittn. Signed, Sealed and Delivered in Presence of --5....L .., '?>�` SEAL] [SEAL] [SEAL] S'I,YI'I TUItY't SNOW I la11:51 F: N'1', SESSION l727 S'I'.1'I'E (1)1' C()1nli11)0, county of c.Al;1. 11 1 li ...j The foregoing ilistl'Ilnlrllt tc n, arl:II s ledged Im l'nre too this / day of August. ,I111111lt,; It (t. II, nntl A 1 I'I I,IUa_tx• Witness -tui hand and ol'fiuial sl al. ' p I li gy tblg coz tnitisjon cxpirr,s _/� _" (1 r 4. .Lf , // Ir1C'c • r Notary Public. • tf by neturnl boson or ptirsiiiis too eI If 1 l r' I i. iiireeeeatM..for offielal capacity orns nttorney• in-tnet, then insert n ,f Demon , nl +r tt r `I fort, , I q�n U I'r mhos, if by officer of t+ tion, then insert name of =itch of firer or officer, nu tlLI,Dr.-+i�l,,nl or otl,� rrfficere ofsucn iiiirooret. i. , . naming i1. Colorado Rocky Mountain School 1493 County Road 106 Carbondale, CO 81623-2357 Wagner Equipment Company CBIZ Property Tax Solutions PMB 360 4287 Beltline Road Addison, TX 75001 Aspen Educational Research Foundation P.O. Box 336 Woody Creek, CO 81656 Carbondale Business Park, LLC 205 S. Mill Street, Suite 301 Aspen, CO 81611-2948 COMPASS P.O. Box 336 Woody Creek, CO 81656 Charles Meredith Moore 23 South Cedar Street Carbondale, CO 81623 Patrick L. Menke 68 S. Cedar Street Carbondale, CO 81623-2202 Stephen M. and Suzanne M. Luck 38 S. Cedar Street Carbondale, CO 81623-2202 Neil O. and Donna M. Jensen 56 South Pine Avenue Carbondale, CO 81623 Jennifer C. Carney 40 Pine Street Carbondale, CO 81623-2245 Kenneth D. and Lori A. White 53 S. Pine Avenue Carbondale, CO 81623-2246 Debra M. and Joseph R. Burleigh 65 S. Pine Avenue Carbondale, CO 81623-2246 Johnny L. and Dorothy M. Davis 43 Pine Street Carbondale, CO 81623-2229 Andrew S. and Rachel J. Braudis 1244 County Road 106 Carbondale, CO 81623 Christine A. Worth Edward M. Tiernan 1262 County Road 106 Carbondale, CO 81623 Randall P. Morley 259 Sopris Avenue Carbondale, CO 81623 Gregory A. Forbes 1227 County Road 106 Carbondale, CO 81623-2365 David G. and Katherine M. Lawson 0041 South Pine Street Carbondale, CO 81623-2246 Town of Carbondale 511 Colorado Avenue Carbondale, CO 81623-2067 Department of Transportation State of Colorado 4201 E. Arkansas Avenue Denver, CO 80222 Garfield County 108 8th Street, Suite 213 Glenwood. Springs, CO 81601-3363 IN Til:; D1:;TRICT COURT IN AND FOR WATER DIVISION NO. 5 ;TATE OF COLORADO CASE NO. w- 1323 IN THE MATFER OF THE ) APPLICATION FOR ) WATER RIGHTS OF COLORADO ROCKY ) MOUNTAIN SCHOOL, INCORPORATED) IN THE CRYSTAL AND ROARING ) FORK RIVERS ) IN GARFIELD COUNTY )' ) FILED IN wATE; Invision :Ju. DLII. 11972 STATE OF COLORAD - C.R.M.S..Well No. 1. RULING OF THE REFEREE ABSOLUTE DECREE FOR UNDER GROUND WATER RIGHTS And the Referee having made the investigations required by Article 21 of Chapter 148, C.-Z.S. 1963, as amended does hereby make the following ruling, to,wit: This application was referred to the Water Referee of Water Division No. 5 on the 12th day of July , 1972 . Colorado Rocky Mountain School, Inc. Route 1, Box 9 Carbondale, Colorado 2. The name of the structure is C.R.M.S. Well No. 1. 3. The Legal description of the structure is: The well is located in Lot 20, Section 28, T. 7 S., R. 88 W. of the 6th P.M. at a point whence the Southwest Corner of said Section 28 bears: S. 85°21' W. 2809. feet. 4. The depth of the well is 60 feet. 5. The date of initiation of appropriation is June 1, 1958. 6. The amount of water claimed is 0.022 cubic foot per second of time. 7. The use of the water is domestic and fire protection. 8. The State Engineer's number is none. 9. The Priority date is June 1, 1958. 10. The date of the application was June 30, 1972. It is the ruling of the Referee that the statements in the application are true and that the above described water right is approved and granted the indicated priority; subject, however, to. all earlier priority rights of others. It is accordingly ordered that this ruling shall become effective upon filing with the Water Clerk, subject to Judicial review as provided by law. 1. Name of Applicant Address f,/, Done at the City of Glerwood Springs, Colorado this /J— day of Fl protr„t fi-lod t`, -t- c.otto:7. forc(77, i; aonfirc:ed a. or_; ro: rd, rind is mode the Ju6.6ment and Decree of this court. sated; '21'4"M/1913 <7444:41-SWIVWater Jud;;o ktcr R.'ferec• Water Division No. 5 State of Colorado arm E (Rev. 9-57 Index No. Z. iDii's_ Urs Repiet.rod Conk Typed STATE OF COLORADO DIVISION OF WATER RESOURCES OFFICE OF THE STATE ENGINEER GROUND WATER SECTION LOG AND HISTORY OF WELL PERMIT NO, 2 $5_.r Lic, No. 44 Owner r ..; r,()},!.-.tcs.r✓;dir..,,cCC�CI ..�, `,"�.b s"'" / �rY. ✓ r" r L Z of C f 1 nF Sect. Q Address ;... AA.,, ?, (,../, . F .O, 0(4, -7) C C .. %t6.,, .062 .., @ Tenant JUL 271959 GROUND WATER 5' COLORI+Do STATE ENGINEER • WELL LOCATION 3 a ' County Used for ' on or by (description of site or land) Date Started._ 19_ Date Completed $!_ . = , 19 6 Y Twp. 7- , LPM LOCATE WELL ACCURATELY IN THE SMALL SQUARES REP - PRESENTING 40 ACRES Date Tested / -- , 194x' Yield 2Q gpm cfs W Pump type e �'" { Outlet Size '' ,, Driven by { ./ HP@RPM Depth to Water Ft. Draw down - Ft. Depth to Inlet's Ft.; Bowl Ft, Size and Kind of Casing: From to /6'5 Type Wt. From to Type Wt. From to Type Wt. Perforations: Size and Type From .SS to , ,' Type Size_ N r ...._...-t- gm* - s If the above is not applicable fill in: E Town or Subdivision Street Address or Lot & Block Ground elevation From to Type Size y„ How Drilled: 4 From to Type Size � (if known) Well description: Total Depth "-.T Ft. REMARKS (from to in. Hole ( Cementing, Packing, Type of (from to in. Shut-off, Depth to Shut-off, etc. Diam.( PUT LOG OF WELL ON RE - (from to in. VERSE SIDE TO BE MADE OUT IN QUADRUPLICATE: Original Blue and Duplicate Green to State Engineer's Office, White copy to Owner, and Yellow copy to Driller Fo;in C(Rev.) -1,, 8/2.5M APPLICATION FOR USE OF GROUND. WATER ,taow fZ04+4*i Applicant Mel ,4 TAT St +mow L STATE OF COLORADO trot.. P.O. Address Zg 3 j G ,► si Quantity applied for fpm or AF Storage Used for iiireamege4 Purposes on/at (legal description of land site.) otal acreage i*rigat and other rte. ES'T'IMATED DATA OF WELL: Hole -size: 4 in, to ;"d,ft. in. to. ft, Casing: Plain 4 in. from to mto a ft. _ ft. f in. frorom to ft. Perf. in. in. from to ' ft. PUMP__ 1 n Type, Horsepower, Disc ge size. Use initiation date 5.1:E'Pt k185_ . (Use Supplemental .pageb. for additional data) THIS APPLICATION APPROVED NO. a 35 i DATE Jtill 1.43 1953. , 19 CO,,„ County Sa u, SW k, sect. 71 Twp. j LOCATION OF POEUEM J U L 1.01959 0 WATER SECT. LORADO STATE ENGINEER Rge. t$h( 'fjP. M. OR Street dress or t ae No. W Town or Subdivision N -...!_-- 1 .— – - 1 is f -i r pix E S $25. 00 fee required for Industrial, Commercial or Irrigation uses. Coa.01t* 041C,Kti% Applicant Agent Lf) • ••• :• . • wt. LOG OF WELL (ADD SPACES AS NEEDED) From _ft. to ft. ft, to ft. ft. to ft. - ft. to ft. ft. to ft. a ave17.4-"1, 7'e REF3ORT DATE Tue Jan 02 15:12:11 MST 2007 •OLORADO WELL APPLICATIOWND PERMITS COLORADO DIVISION OF WATEMESOURCES Receipt 9113500 Permit 3855 Div 5 Wd 38 Basin Md Engineer User >Full Name ' Uses ROCKY MTN SCHOOL INC Address DOMESTIC P O BX 327 City State Zip CARBONDALE CO 81623 Pump Rate Ann Amt Depth Telephone Proposed 0.00 0.00 0 ( ) Actual 10.00 0.00 75 Case Irrigated Area 0.00 acres Permit XRef Elevation 0 Well Name Perf Casing Top 0 County GARFIELD Perf Casing Bottom 0 Q10 Water Level 35 Q40 SE Aquiferl ALL UNNAMED AQUIFERS Q160 SW Aquifer2 Sec 28 Driller Ts 7 South Pump Installer Rng 88 West Statute Meter Log Qual AbReq Pm Sixth No No No No Comment Subdivision Filing Block Lot Parcel Size PIN 0.00 }Main Activity Interim Status Last Action 06-24-1991 Permit Issued Permit Expires Expire Notice Sent Well Const Report Well Const Complete Well Report (Non-trib) Pump Install Report Pump Install Complete 1st Beneficial Use 07-15-1959 Statement Benef. Use Benef Use (Non-trib) Abandonment Report Well Plugged FIRE • EMS • RESCUE January 4, 2007 Mr. Larry Green PO Drawer 790 Glenwood Springs, CO 81602 • RE: Colorado Rocky Mountain School, Subdivision Exemption 1493 County Road 106, Carbondale Dear Larry: The Colorado Rocky Mountain School property on County Road 106 in Carbondale is located within the service area of the Carbondale & Rural Fire Protection District. The property is served by the District for both fire and ems services. The new lot is subject to development impact fees adopted by the fire district. An agreement with the District will be required for the payment of the development impact fees. Execution of the agreement and payment of the fees are due prior to the recording of the final plat. Fees are based upon the impact fees adopted by the District at the time the agreement is executed. The current fees are $437.00 per lot. Please contact me if you have any questions. Sincerely, t J. Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970-963-2491 Fax 970-963-0569 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Colorado Rocky Mountain School (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for Exemption from the Definition of Subdivision (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT BALCOMB & GREEN, P.C. "rture Date: 1/9/07 Lawrence R. green, Esq. Print Name Mailing Address: 818 Colorado Avenue Glenwood Springs, CO 81601 10/2004 Page 4 EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN DANIEL C. WENNOGLE SCOTT GROSSCUP JORDAN C. MAY BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 VIA HAND DELIVERY TO: Telephone: 970.945.6546 Facsimile: 970.945.9769 www.balcombgreen.com August 21, 2007 Fred Jarman, Planning Director Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 KENNETH BALCOMB (1 920-2005) OF COUNSEL: JOHN A. THULSON Re: Colorado Rocky Mountain School Subdivision Exemption Dear Fred: You will recall that on May 7, 2007, the Board of County Commissioners approved a subdivision exemption for CRMS. In accordance with the draft Resolution reflecting that approval which you have provided to me, I am herewith delivering the following to you for your review and approval prior to signature of the exemption plat: 1. A copy of the proposed CRMS Subdivision Exemption Plat which I believe contains all of the information required by the Garfield County code and the plat notes required by the conditions of approval. 2. A copy of a report from the Laboratory Services Division, Colorado Department of Public Health and Environment, reflecting the results of a water quality test upon the well located on and serving the exemption parcel. 3. Simultaneously with the recording of the Final Plat CRMS will pay the sum of $400.00 to RE -1 School District, which represents RE -1's $200.00 fee for each new lot created by the subdivision exemption. 4. Simultaneously with the recording of the Final Plat CRMS will pay the sum of $874.00 to Carbondale & Rural Fire Protection District, which represents the District's $437.00 fee for each new lot created by the subdivision exemption. BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Fred Jarman, Planning Director August 21, 2007 Page 2 5. A copy of the deed recorded in the Garfield County records on March 15, 1984 as Reception No. 350509, whereby CRMS conveyed to the Board of County Commissioners of Garfield County a sixty -foot (60') strip of real property which is now utilized as County Road 106. As you will recall, County Road 106 divides the exemption parcel from the remainder of the CRMS property. This Deed describes a sixty -foot strip of property which commences at the intersection of the south boundary of the Townsite of Cooperton at the northwest corner of the exemption parcel and proceeds easterly to the Town of Carbondale's municipal boundary at Delores Way. I am providing a copy of this letter and all of its enclosures directly to Scott Aibner and I hereby respectfully request that Scott also review the plat and provide us with any questions or comments he may have. Thank you very much for your attention to this matter. As always, please call me with any questions or comments. LRG/bc Encl. xc: Scott Aibner (w/encl.) Joe White (w/out encl.) Very truly yours, BALCOMB & GREEN, P.C. Reception No,, MOMS_ _. Re orded at.. 1S .30. ...o'cl^.:k.. A...M., . MAR 1.5 1984 TSUI DEED, Made this O. day of4i r>t l e t 19 81 ,'•between CCrLORADO ROCKY MOUNTAIN SCHOOL, INC. non-profit a ror moan hiic .• ;eatsized and , eist,ttt ucdr • of the stauc ur Colorado h,• f:!a rapt, ar,d THE BOARD OF • ' COUNTY COMMISSIONERS OF G:1F.FIELD COLUNTY, COLORADO l,�b t:ltl oseiegaladdreas;s Garfield County Courthouse, enwooria s Colorado Hunt} of Garfield and Stat.' o t Co 1 ?rado of tbi• etud part; Reorder, Recorder's Stamp •Ju 645.. 962 Grigi•-i MAR ., 84 Stale Doc. Fe* / WITNES•F.TH, '!: the said party of the fu -t. •,art , .::c,l.i• i:. iteration „f the -,gym .,, Ten Dollars and other good and valuable consideration XK4 OHS thr said pa: ty of til_ +''. ;;art in l.,u'd pa' i t•e said p,.: t t h >,•,ond parr, the receipt whereof is here- } , onfes,ed and auk: ,.,., 1 dged. 'bath nd by these presents doth grant, bar- succe'ssors gain, sell, e , e} rd ; ori...t. the .0 i., t , thr . , r.., 1,: n its 077t9C and assigns for- ever, all if 'h- I'•,!Ir,v, irg drsrrib'd lot or parcel of land. situate. Iy;i:g and being in the County of Garfield and State of Colorado, to„it: SEE EXHIBIT A, ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. It is hereby agreed, by psrty of the second part's acceptance hereof, that the above-described property is to be used for road purposes only by the members of the general public and that whenever it shall ccase to be so used, the said property shall revert to the party of the first part, its successors and assigns. x7L7a:txx+n itIcXxXXxxi t ,ixmNmx TOGETHER with all and singular the hereditaments and appurte:am:es thereunto belonging, or in anywise appertaining, and the reversion or reversions, remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in lav 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 a -d de-ici•iicecl, with the appurtenances into the :.aid part c of the second part , its sur cesg rs r[o.r-Sand assigns f• rr, r..ynd the said Colorado Rocky Mountain School, Inc, party of the first part, for itself, and its successors, doth covenant, grant, bargain, and agree to and with the si.i,, party of the second part, its successors Inds:Nand assigns, that at the time of the ensealing and delivery of these presents it is well seized of the premises above conveyed, as of a good, sure, perfect, absolute and indefeasible estate of inheritance, in 'aw. in fee simple, and hath good right, full power and lawful authority to grant, bargain, sell 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 whateve kind or nature soever; except as set forth on Exhibit B, attached hereto and incorporated herein by this reference. aril the above bargained pre.•.'. s in the quiet and peaceable possession of the said part y of the second pat its success 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 and will WARRANT AND FOREVER Ur.FEND. IN WITNE5i1 WHEREOF, The said party of the first part hath caused its corporate nam:: to be hereunto subscribed by its President, and its corporate seal to be hereunto affixed, attested by its Se.retary, the day and year first above written. Attest ? : Chris Wri ,ht , STATE GF COLORADO, tib, Cwnty of...Garfield ciz2hL- Secretary. COLORADO ROCKY MOUNTAT„ SCHOOL, INC. "us(�. ..- •_. .. .(1.,,,Vt its: Noel Cc /,,don, CF'atrm.rn XmfaOwa y�,� , l'hi fprri oing instrument was acknowledged before mr• thus; , f'.C•il i y 1 sclif ��^- IDs 1 by Noel Congdon „ Chairman Viand C is. Wright Sec.eta.y of n}, s,.a}d of Trustees of Colorado Ro,.ki' Mountain School, Inc. .. orpnration. "t ;11'.1 My notarial commissionexpires 4 "Wrrwt.,., Witness my hand and official seal . A �Alr►`i is MOM Alatil K ICC l tQ . v rs f. EXHIBIT A BOOK 645 PaGE963 A tract of land situated in the S'-; of Section 23, Township 7 South. Range 88 WEst of the 6th r.M., Garfield County, Colcr2d1, heing morP p,rrticularly described as follows: Eeginni ; at a brass cap found in play 'or the intersection of the centerljne of Mesa Avenue in toe Townsita of Cooper`on and the .Southerly boundary line of the Amended Plat of the Townsite of Cooperton, Garfisld County, Colorado as filed with the Clerk and Recorder of Garfield County as Reception No. 280258; thence N. 89°22'00" W. 30.00 feet :,long the Southerly boundary line of said Townsite of Cooperton; thence 236.16 feet along the arc of a 257.49 foot radius curve to the left, the chord of which bears S. 25°38'30" E. 227.97 feet; thence S. 51°55'00" E. 173.07 feet; thence 356.29 feet along the arc of a 530.00 foot radius curve to the left, the chord of which bears S. 71°10'30" E. 349.62 feet; thence N. 89°34'00" E. 329.78 feet to a point on the Westerly boundary line of the Town of Carbondale, Colorado; thence N. 00°25'59" W. 60.00 feet along the Westerly boundary line of said Town of Carbondale; thence S. 89°34'00" W. 329.78 feet; thence 315.95 feet along the arc of a 470.00 foot curve to the right, the chord of which bears N. 71°10'30" W. 310.04 feet; thence N. 51°55'00" W. 173.07 feet.; thence 181.13 feet along the arc cf 197.49 foot radius curve to the right, the chord of which bears N. 25°38'30" W. 174.85 feet to a point on the Southerly boundary line of said Townsite of Cooperton; thence N. 89°22'00" W. 30.00 feet along the Southerly boundary line of said Townsite of Cooperton to the point of beginning. 232 t;4) ..v;E `.364 l 'S �t1 Jn No. 13741 1646 Interest ali .7i1, gas and other 7.i*:,,r.:«. as "_scr7.-d by Prank E. Kistler and Leana 0. Kistler Dee,i to HA aid Pabst recorded February 28, 1948 as :,.e..'eptic:. No. 1.6910, and any and all assignments thereof, _,...... sts cas and oil, as reserved by Harald Pabst in 3c -co 3.. 0. Prideaux, 1I and Audrey F. Prideaux .. .'e2 in '3o k 265 at Page 132 as Reception No. 180006, .end ail assignments thereof, or interests therein. or the Rockford pitch as shown on Survey .._.�:rber 3, 1980 by Sydney Lincicome, L.S. 14111.