HomeMy WebLinkAbout1.0 Application13EFORE.E BOARD OF COUNTY C:OMMIS.NERS OF
GARFIELD COUN?Y, COLORADu
PETITION FOR EXEMPTION
Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) -(d) as
amended, and the Subdivision Regulations of Garfield County, Colorado,
adopted April 23, 1984 Section 2:20.49, the undersign~d
respectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to e~empt by ,
Resolution the division of tf. ! acre tract of land into 2. tracts of
approximately ___ L/ ____ acres each, more or less, from the definitions of
"subdivision" and subdivided land• as the terms are used and defined in
C.R.S. (1973) Section 30-28-101 (10) (a) -(d) and the Garfield County
Subdivision Regulations for the reasons stated below:
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SUBMI7TAL REQUIREMENTS:
Ar;-applicatTon-WhichS'atisfies the review criteria must be submitted with
all the following information.
E. v.
Sketch map at a minimum scale of 1·=200' showing the legal
description of the prc?erty, dimension and area of all lots or
separate interests to be created, access to a public
right-of-way, and any proposed easements for drainage,
irrigation, access or utilities;
Vicinity map at a minimum scale of l"-2000' showing the general
topographic and geographic relation of the proposed exemption to
the surrounding area within two (2) miles, for which a copy of
U.S.G.S. quadrangle map may be used.
Copy of the deed showing ownership by the applicant, or a letter
from the property owner(s) if other than the applicant; and
Names and addresses of owners of record of i'and immec.liately
adjoining and within 200 feet of the proposed exemption, mineral
owners and lessees of mineral owners of record of the property to
be exempted, and tenants of any structure proposed for
conversion; and
Evidence of the soil types and characteristics of each type; and
?roof of legal and adequate source of domestic water for each lot
created, method of sewage disposal, and ~ter of approval of
fire protection plan from appropriate fire district; and
If connection to a community or municipal water or sewer system
is proposed, a letter from the governing body stating a
"' i 11 in g n es s to s er v e; and
Narrative explaining why exemption is being requested; and
It shall be demonstrated that the parcel existed as described on
January 1, 1973 or the parcel as it exists presently is one of
not more than three parcels created from a larger parcel as it
existed on January 1, 1973.
A $100.00 fee must be su0~itted with the application.
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Mailing Adress
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Telephone Num~er
State
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EXEMPTION
APPLICABILITY
The Board of County Commissioners has the discretionary power to exempt a
division of land from the definition of subdivision and thereby from the
procedure in these Regulations, provided the Board determines that such
exe~ption will not impair or defeat the stated purpose of the Subdivision
Regulations nor be detrimental to the general public welfare. The Board
shall make exemption decisions in accordance with the requirements of
these regulations. Following a review of the individual facts of each
application in light of the requirements of these Regulations, the Board
may approve, conditionally approve or deny an exemption. An application
for exP-mption must satisfy, at a miniraum, all of the review criteria
listed below. Compliance ~ith the review criteria, however, does not
ensure exemption. The Board also may consider additonal factors listed in
Section 8:60 of the Subdivision Regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling
units will be created from any pa r cel, as tha t parcel was described i n
the records of the Garfield County Clerk and Recorder's Office on
January 1, 1973, and is not a par t of a recorded subdivision; however,
any parcel to be divided by exemption that is split by a public
right-of-way (State or Federal highway, County road or railroad) or
natural feature, preventing joint use of the proposed tracts, and the
division occurs along the public r i ght-of-way or natural feature, such
parcels thereby created may, at the disc r etion of the Board, not be
considered to have been created by exemption with regard to the four
(4) lot, parcel, interest or dwelling unit limitation otherwise
applicable;
B. All Garfield County zoning requirements wil l be met; and
C. All lots created will have legal access to a public right-of-way and
any necessary access easements have been obtained or are in the
process of being obtained; and
D. Provision has been made for an ade q uate source of water in terms of
both the legal and physical quality, quantity and dependability, and a
suitable type of sewage disposal to serve each proposed lot; and
~. All state and local environmental health and safety requirements have
been met or are in the process of being met; and
F. Provision has been made for any required road or storm drainage
impro~ernents; and
G. Fire protection has been approved by the appropriate fire district.
H. Any necessary drainage, irrigation or utility easements have been
obtained or are in the process of being obtained; and
I. School fees, taxes and special assessments have been paid.
(The School Impact Fee is $200.00 for each new lot created).
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms
provided by the Garfield County Department of Development/Planning
Division. Two (2} copies of the application, maps and supplemental
information shall be submitted.
B. The Planning Division shall review the exemption request for
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completeness within eight (8} days of submit t al. If incomplete, the
application shall be withdrawn f r om conside r ation and the applicant
notified of the additional informa t ion needed. If the application is
complete, the applicant shall be no t ified in writing of the time and
place of the Board of County Commissione r s meeting at which the
request shall be considered. In either case, notification shall occur
within fifteen (15) days of submittal.
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c. Notice of the public meeting shall be mailed by certified mail, return
receipt requested, to owners of record of land immediately adjoining
and within 200 feet of the proposed exemption, to mineral owners and
lessees of mineral owners of record of the land proposed for
exemption, and to tenants of any structure proposed for conversion.
The exeinption site shall be posted clearly and conspicuously ,visible
from a public right-of-way with notice signs provided by the Planning
Division. All notices shall be mailed at least fifteen (15) and not
more than thirty (30) days prior to the meeting. The applicant shall
be responsible for mailing the notices and shall present proof of
mailing at the meeting.
D. At or within fifteen (15) days of the meeting, the Board shall
approve, conditionally approve or deny the exemption request. The
reasons for denial or any conditions of approval shall be set forth in
the minutes of the meeting or in a written resolution. An applicant
denied exemption shall follow the subdivision procedure in these
Regulations.
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July 25, 1985
Shirley L. Englert
4474 100 Rd.
carbondale, co 81623
Dear Shirley:
GARFIELD COUNTY
PLANNING DEPARTMENT
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Your application for exemption located off of County Road 100 has been
reviewed by this deparbnent and has been found to be complete.
Your request has been scheduled for a public meeting before the Board of
County Corrrnissioners on August 19, 1985 at 10:30 A.M., in the
Commissioners' Meeting Room, Suite 301, Garfield County Courthouse, 109
8th St., Glenwood Springs, CO 81601. It is suggested that you be
represented at the time of the meeting.
Copies of the enclosed public notice form need to be mailed by certified
return receipt to all property owners adjacent to or within 200 ft. of
your property no less than 15 days prior to the meeting. In addition, the
notice needs to be mailed by certified return receipt to owners of mineral
rights, or lessees of mineral owners of record of the land proposed for
exemption, no less than 15 days prior to the meeting. 'Ihe receipts from
these mailings need to be presented at the time of the meeting or
submitted to the Planning Deparbnent prior to the meeting. 'Ihe exemption
site must be posted with the enclosed notice poster no later than 15 days
prior to the meeting. 'Ihese public notice requirements should be
completed no later than August 2nd to ensure compliance.
If you have further questions or concerns regarding the meeting or public
notice requirements, please contact this office.
Sincerely,
~JI-~~
Glenn Hartmann
GH/emh
encl.
109 8TH STREET, THIRD FLOOR 945-8212 I 625-5571 GLENWOOD SPRING S, COLORADO 81601
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1-0rICE
Take Notice that Shirl ey L. Englert
(has) ~ applied to the Board oE County Commissioners, Garfield
County, State of Colorado, to grant an exemption in connection with the
following descrioed property situated in the County of Garfield, State of
Colorado; to-wit:
Leqal Description: A tract of land loc a t e d in the SE1/4NW1/4 of Section 30,
Township 7 South, Ra n ge 87 We st of the 6th P.M.
Practical Description (location with respect to highway, County roads and
residences) :
A tract located approx imately 4 1/2 miles southeast
of Carbondale off of Co unty Road 100.
Said Exemption is to allow the Petitioner(s) to divide a~acre
parcel .into
into two parcels each appr oximat e l y 4.4 acues in size
on the above described property.
All persons affected -by the proposed Exemption ace invited to appear and
state their views, protests-·or objections. If you cannot appear
personally at such meeting, then you are urged to state your views by
letter, particularly if you have Objections to such Exemption request, as
the Board of County Corrmissioners will give consideration to the corrments
of surrounding property owners and others affected in deciding whether to
grant or deny tne request for the Exemption. 'lllis Exemption application
may be reviewed at the off ice of the Planning Department located at 109
8th Street, 3r d flo:Pt,, Garfield County Courthouse, Glenwood Springs,
Colorado between the hours of 8:00 A.M. and 5:00 P.M., Monday through
Friday.
Tnat public hearing on the application for the aoove Exemption has oeen
set for the 19th day of August 19 85 , at the nour of
10:30 A.M. at the office of the Board of County Corranissioners, Garfield
County Court House, Glenwood Springs, Colorado.
Garfie l d Count y Planning Department
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44'?,,1 :LOO F~d ..
Carbondale, CO 81623
Dear Ms .. Enqlert:
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As we discussed today, I would like to offer the following
comments to you regardinq fire protection for your property
located on Road 100 in Garfield County.
Response time to the property is approximately twenty
minutes from the Carbondale Fire Station. Access to the
property is adequete.. Water supply for fire fighting will
be provided by water tanker trucks.. The Carbondale Fire
Dept .. is capable of arriving with 5500 gallons of water for
fire fighting purposes.
If you have any questions feel free to contact me at
71.-:,::=:: .. -·2491..
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::oc. ~'.~lf.:-37 33of
the N2tter of ·~he 1.~)plic&tion · .
Ulissis S. Gr een for an adjud i-·
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DECREE -----
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c2tion of his p r iority right to
th2 use o~ wate r for irrigation
pu=poses th~ouzh his Green Wcste
\'?;::;.·(;c!' D:Ltch» from the w.s.ste,
ze2?2ge, esc2?age an d drainage
v~te~s f=om the land lying
2~j~ce~t ou the north and North-
west side of lands belonging to ) .
the ap[:>li.c.'.:1<"'lt, to-·w i t: The SE~·NU~ ... )
an~ Lot 2 in Secticn 30, Tp. 7 )
S., R. 87 W., .6t:h.P.H.> in_Water ·)
District l~o. 33; and·. .. ..... _ )
!n the Ha.·'-ter of the<. . ) ·
A?plication of said Green for an·
2djudication of his priority right
to the use of water for domestic
pu~?oses, through his Green Pipe.
Line Ditch~ taking its supply
of water from a spring situate in
th~ S.S~;~,r~J ~; of said Sec. 30, in
said .Water · District Nol 38,
. . . ·1 . ·. Petitioner.
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In the District Coart,
Stnte of Color a do,
County of Garfield.
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Nov.1 )· on this 30th day of April, A.D., .1928, the above and
fo~0going applications came on for a hearing before the Court in
eccord2.nce with order . of .Court setting the said matter for such
hearing and in pursuance of notice regularly served U?On all parties
:..in .ir:.terest . by . wa~ of publication and posting ".:as provided by the
:, statute in j such .cases, the .application of petitioner appearing in
person:. and by his_ atto:::neys C. W. Darrow and S2die H. Korri., Esqs.,
and. none . o ·i:hers appearing :, by . way of protGsts or otherwise; and ... \."; . \ now .comes the .testimony .. and the Court being well advised in the
>1)re~nis 'es d·oth find:... ::.. ·
First; as -..The said . Green Waste Water Ditch, the work of its
construction W2.S com.menced April 15, 1927, completed when due dilli-
: igence and ever.since used by petitioner for the ·irrigation therefrom
co~sisting of 8 acres so irrigated or prepared for irrigation at this
time and being a part of petitioners lands consisting of th~ lands
described in ~he caption .hereof so that his priority right to the
use · of \·;..:.;:er :.:=or said purposes, should <late from P.I.Jri l 15, 1927, I
c.nci ccn si:::;·;,: of 16/100 of a cubic foot of water per second 0£ time 1
of and £:::oi.:i the w2ste., seepege, esca.page .::nd drainage waters from . :j
the lands lying adjacent on the north and northwest side of the j
ls.nds-.·. belor .. gii.1g to pctj;tioner described as afo;.·esai<l; that the l
heG.dg~te .of said ditch ·is situate in . th..:: l1!E~-l~v{ of said Sect inn 30, j
t :a point -whence th2 north quarter corner of s aid Sec . 30 hca~s
~. 59~27 1 .E. 1440:fect and :extends from said headgatc in an c sa terly,
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sout~~~ly and sout~Jesterly direction, for a distance of about
237G ~0 2t end that the . capacity of said ditch to carry water 2xcecds
: cu'.:.:'...-:! foot .. of \·1atcr p er second of time; that the petition2 J: claims
:::o be:: the owe.er of the S3id ditch and th a t he has :.'1 0 othe :c source
c ~ scpply with wh ich to irrigate his s~id lands, that the waste,
s~ep23 c, escapa3c and drainage water aforesaid from whence the said
c:i ::ch cie:civ2s its supp ly of ·wal:er.; ,,
I i Is :hcrefore O~dere <l,.Adjudgcd .and Decreed by the Court,
-:.::.1 c:~·i.: ·;:>12 s..::..:i.d : ditch b2 cin d he re by . is . numb e red 17 5 in the ci ccrecs
o:':· ·t.:~1:'...s Co :,1r t -. f:o-..:. ~J.~ter . Di.strict No. 33 ;::.nu ~h .::t -::here be al lowed
to ~fl o~1 i~~o .sa id .ditch .fr om .the w~ste, seepage, es c upag e a nd
2rai~c32 waters from·the ·lands lying .adjac ent.on the.north and
no1:tl ~h"\~G t side of the lands bclon3ing to the p2tltioner . .nforcsnid,
=: '~~~~~~cubic .foot of wa~cr per second of times priority No. 250
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in said decrees, for .. irrigation purposes and for the use and
benefit of the parties lawfully entitled theret o and that such
priority relate back to and date from April 15, 1927, but .subject
to all prior rights if any, at this time existing whether adjudicated .
or not if hereafter adjudicated in apt time, and subject to all the ,J
general provisions cont~ined in decree o f this Court entered May 11,
1889, adjudicating water rights generally throughout the said
Water District .
And Second as to the said Green Pipe Line Ditch, the work of its
construction was commenced on February 7, 1928, completed with due
dilligence and ever since used by petitioner for domestic purposes
at and about the improvements situate upon mis land consisting of
the SElNWt and Lot 2 in Sec . 30, Tp . 7 .S ., R. 8 7 W., so that his
priority right to the use of water for said purpose, should date
from February 7, 1928, and consist of 15 /100 of a cubic foot of
wat er per second of time from a spring situate in the SE iN"wi of
Section 30, aforesaid; ti.hat the h~ad of said pipe line Ditch is
situate at a point in said SEiNWi whence the Ni corner of said
Sec . 30 bears N. 6 °45 1 E . 1780 feet from wh~nce said Pipe Line
Ditch uxtends in a general southwesterly direction a distance of
951 feet~ and that the carrying capacity of said two inch pipe line
is sufficient to carry exceeding said 15 /100 o f a cubic foot;
that the petitioner claims to be the .owner of the said .pipe line and
that he has no other source of supply for domestic purposes thann
t' e said pipe line which derives its supply of water from the
;' Spring aforesaid .
It Is Th~refore Ordered, Adjudged and Decreed by the Court,
that said pipe line be and hereby is numbered Domestic 6 in
the decrees of this Court for water district No . 33 and that there
be allowed to flow into and through the said pipe line, from the
spring aforesaid, 15/100 of a cubic foot of water per second of time,
domestic priority No . 9 in said decrees, for domestic purposes
and for the use and benefit of the parties lawfully entitled thereto
and that such priority relate back to and date from February 7, 1928 )
but subject to all prior rights, if any , at this time existing
whether adjudicated or not if h e reafter adjudicated in apt time, and
subject to all the .general provisions contained in decree of this
Court entered Ma y 11, 1889, adjudicating water rights generally
throughout said Water District.
Done in open Court,
By the Court, John T . Shumate, Judge .
State of Colora do,)98 ;
County of G~rfield )
I, D. W. Sho res, Clerk of the District Court of Garfield County
. in t'-te St:at:c of Colorado, in ~he Ninth Judicial Di.:;trict of said
State~ do hereby certify the above to be a full, true and complete
copy of the Decree made and entered in Cause No . '2651, in the
~ec ord s of this Court, the same being entitled, In the Matter of
the Application of Ulisses S . Green for an Adjudication of his
?rio~it y of right to the use of Water for Irrigation Purpo se s
thr ou3h his Green Waste Water Ditch» from the land lying Adjacent
on th..; North and Northwest side of lands belonging to the ap plicant
to -w ·t~ The SEiNTtJ-:i and Lot 2 in Section 30, Tp . 7 S ., R. 87 W.,
6th P .~.~ in Water District No . 38; and
I;::-.. ·;:he Matter of the Application of said Green for an adjudication
of hiv · riority of right to the use of w ~te r for an adjudication
of his priority of right to the use of water for domestic purposes ,
tlrough his Green Pipe Line Ditch, taking its supply of water from
a spring situate in the SEtNW* of Section 30, in said Water District
No. 3 8 ;
That said decree was made and entere d o n the 30th day of April ,
1.C1 1n .
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Reeo1·d e d at_
Recc>ption No.
THIS DEED . Made thi s
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between THAD J. ENGLERT
o flhe Co unty o f
Col o rad o. o f the fir s t part, and
day of
SHIRLEY L. ENGLERT
o'clock M .,
May . l~I 80
a nd stall' of
whose lega l add r ess is 44 7 4 Road 100, Carbondale, CO 81623
of the County o f Garfield and s ta tl'of
Co lorado, of th<• sl'cond part.
·-_ R eco rd e r.
RECORDER'S STAMP
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to "'e '";,I I""' y <>ll l>e r; 1·.;1 p ,.,. , rn I 1" <> d I"' <>I h y "'' '"; ,J I"" I y <>fl h e """ '"' I"" I. I he 'e<e ~~ ~ ~:,~:; :
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is hc·rdi~-co11fl'ss1·d a nd at'know!Pd g1•d, has rl'mi st·1l. rt'l 1•as t•d , sold, C<ll1\'t'Yl'd and QUIT C LAIMED, and by th ese I
pn•se n ts do es re 111i sL'. rt>lt •a se, s<·ll, t'on ,·ey and Q lJ IT(' L :\IM unto t h t· sai d part y oft h e seco nd part, her heir s ,
\\'I TN ES~ ETll, That thl' sa id pa rt y oft he fir s t part. fur a nd i 11 1·11nsid<•ration of tlw s u 111 o f
---Ten Dollars and other valuable consideration---------
sl1<'1·e s so r s and assigns, f'oren•r-. all tlw right. title, inl t'rt>s t , c la im and d1 •111and whi c h tlw s aid part of the first part I
has in and to tlw following described l o t o r p a r ce l of land s i tua te, lying and being i n th e Cou nty
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o f Garfield and St ate of Co lorado, to wit :
See Exhibit "A" attached hereto and incorporated herein by this r eference.
TO llA\'E A:-\ll TU HOLD tl H' sa me·. t o g e tlwr wi t h all and s i ng11lar tlw appllrtt>nann·s and pr iv il eges ther eu nto
belo nging o r in an~·wist' t lw re11nt o a pp1 •rta i 11i11g . and all t lH' <·s ta te. ri ght. t i tlL'. int e r es t and c laim whatsoever, of the
s aid part Y of till' first part , Pit.h e r in law o r e quity. t o llw o n!~-prop e r U S <'. llt'nl'fil and Ii<· h oof o f the sa id par t y o f
the sl'l·ond part, her heir s a nd assi).(ns fon·n·r. .
I~ \\'ITl\"ESS \\'lll·:Ja;o F. Th t• sa id partY of the fir s t p art ha a h1·reu11to s1·this hand
and s ea l th1· day and year fi r s t aho\'e wr it ten .
Sign P d. Sealed and lh•liq•r,·d in lht· l'r e 't'l1<'e of
Thad -J .-En:gler~-------I SE AL]
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___ j SEAL (
('ou nly of )
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STATE 0 F CO LO IL \ JlO ,
day of
19 'by•
, l ~I . \\'it ll<''' my ha n d :111d ofr il'ial '<·al.
i\o tary l 'uhl 1c .
No. 933 . Ol 1JT Cl.A l.\1 OEEI>.-BraJfMd Puh li :-.hing. 15 16 5 W'-''' 44th Ave n u'" Gnlde n . C o l\11aJ111<0 .i n I -(.\0\) :!?M-0 644 -2 -1<0
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EXHIBIT "A"
A tract of land being all that part of the SE~NW1~ of Section 30,
Township 7 South, Range 87 West of the 6th P.M. lying southeasterly of
the southeasterly right of way line of a County Road as constructed and
in place, described as follows:
Beginning at a point on the easterly line of said SE~~' said point
being on the southeasterly right of way line of said County Road whence
the North quarter corner of said Section 30 bears North 02°44'00" East
1590.28 feet; thence South 02°44'00" West 1192.08 feet along the easterly
line of said SE~NW1~ to the southeast corner of said SE~NW1~, thence South
89°56'00" West 833.64 feet along the southerly line of said SE~NW1~ to a
point on the easterly right of way line of said County Road; thence
along the easterly right of way line of said County Road the following
courses and distances: North 03°27'00" East 65.47 feet; North 17°20'00"
East 177.51 feet; North 20°32'00" East 46.38 feet; North 33°32'00" East
71.02 feet; North 53°26'00" East 98.82 feet; North 49°17'00" East 60.58
feet; North 39°01'00" East 103.00 feet; North 36°55'00" East 199.49
feet; North 40°58'00" East 175.46 feet; North 46°09 '00" East 251.72
feet; North 40°13'00" East 223 .06 feet; North 35°11'00" East 47.61 feet
to a point on the easterly line of said SE~W~ to the point of beginning.
Together with all rights to the water from certain springs and the
easement and right of way for the carriage of said spring water as set
out in a certain Decree recorded in the records of Garfield County,
Colorado, Book 201, page 547 and in a certain Deed recorded in the
records of Garfield County, Colorado, July 11, 1963 in Book 351 at Page
380.
SUBJECT to those certain installment land contracts recorded as Reception
No. 295475 in Book 530 at Page 949-952 and Reception No. 295478 in Book
530 at pages 959-961 of the Garfield County records, which contracts
second party agrees to fully perofm.
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___________________________________________ t:..;co;~r;;~<t
i'.lfadc ihi:i 27th day of June in the yc:.:.r o.f o'Jr Lo;:cl
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o;ic thou.sand ni1'c hunJrcJ anJ sixty-nine bctwcc.1 CLOYD J. GREEN and
IRENE GREEN
of t!1c Couaty of G arfi21 :md State oi Colorado , of the first part, and
T :.LID J . ENGLERT and S HIRLEY L . ENGLERT
Garfield and s ·~axc of. Culor~<lo , o"l. the SCCUrlc! p.::.rt.;
Yr'itncssc•h, That the said })a«tie S of the f:r:st pa:t, :fo;: and i:i co1:siC:cr:.o.;,ion of the su ·a of
Twenty One Tnousand ($21 , 000 . OJ) ---------------------------DOLLA~s .
~o the s::..id part ie s of fae firs~ part in hand p::.i<l by the said parties of the second pad, he receipt whcreo:' i;;
hc:·diy .:onicssed ::nd ~.cknowledgcd , have gr:inkd, barr;ai::cd, soid ;:i;d conveyed, :rn~i by these ~J:-esents <lob .
. -r 0 -~ lJ· r ....... ;n s.o'l co1l\"ey and confirm unto the s~.id pai·ties of the second p;irt, not m tenancy m cor::m~:>1. ut. in 'J-'0 :'.';:"~ ,,:.: .:..-:; ~'1c ~,'U'Viv0 r of th0"1 their assigns an the hci;·;, a:o1d asJi~ns of sue~ SUl'Vivor forever, all ne 10:1ow;nc;-.. " ,.., ...... " ' · ' .. ' · G rf e ld ~r:d State .i.:-::,..:ribcd lot or p;:..r .:el of lan d , situate, lying a . d being in the Coi.;nty of a 1
0f Col0r;ido , tO -\\it :
), tract of land being all that part of the SE 1/4 'f>..rw 1/4 of Section 30 , Township 7 South
Range 87 'vVest of the 6th P . M . l ying s o utheasterly of the s o utheasterly r ight o f way line
of a County Ro ad as c onstru c ted and in pla c e , de scribed as foll o ws :
3egin:1ing a t a point on the easterly line of said SE 1/4 J:.-rw 1/4 , said point being on the
so<.:theasteriy right o f way iine o f said C ounty Road when c e the N o rth quarter corner of
saici Sectio:-1 30 bears North02°44 '00 " East 1590.28 feet ;
ti:e:1ce Sowtn 02 °4L1'00 " West 1192 .08 feet al o ng the easterly line o f s aid S El/4 NW 1/4
to ti1e southeast c orner o f s aid SE 1/ 4 N'V./ 1/ 4 ,
thence Sou::h 89 °5 6 '00 " West 833 .64 feet along the southe:-ly line o f s aid S E 1/4 ~-W 1/4
to a poin t o n foe ea3terly r i ght o f way line of said C ounty Road ;
-c:ience along the easterly r i ght of way line o f said County Ro ad the following courses and
distances : N o rth 03 °2 7 '00 " East 6 5 .4 7 feet ; N o rth 17°20 '00 " East 177 .51 feet ; N o rth
20°32 '00 " Eas t 46 .38 feet ; N orth 3 3 °3 2 '00 " East 7 1.02 feet ; N o rth 5 3°26 '00 ". East 98 .82
feet ; North 49 °17 '00 " East 60 .58 feet ; North 39 °01 '00 " East 103 .3 0 feet ; N o rth 36°5 5 '00 "
2c.st 199 .49 feet ; N o rth 40 °5 8 '00 " East 175 .46 feet ; N orth 46 °09 '0 0 " East 2 51. 7 2 feet ;
North 40°13 '00 " East 22 3 .06 feet ; North 3 5 °11 '00 " East 4 7.61 feet t o a point o n the
easterly line o f s aid SE 1/4 NW 1/4 to the p o int of beginning .
Together wi t h all right s t o the vrater from c ertain springs and the easement and right of
way for the c arriage o f said spring water as set o ut in a c ertain D e c ree re c orded in the
re c ords o f Garfield C ounty , Co lorado , Book 2 01 , page 54 7 and in a c ertain Deed re corded
in the re cords o f<Garf i eld County , Col o rad o , July 11 , 1963 in Book 3 51 , Page 3 80 .
Grantors rese rve an ea s ement u nde r and through said granted premi s es for the purpose o:
laying and maintaining a pipe line from grantees 2 " line which pipe l ine o f granto rs shall
run in a southca sterly dire c ti on across and under tnese premise s for tm s o le purpose of
s upplying d o mes t i c w a t er for a o ne famil y r es id en c e o f g r anto r s , their he i rs an d assigns .
wA.-iiiA.~T -A-ND .FOREVER DEFE~D .
I.-~ \Vitncss \Vher c of, The s:.tid part i e S of t he fi rst pnrt ·ha v e hereunto set their h~nd
:or,d seals the day and year first abov e w ritten. · /,)_/;) (/ \:-\ _,,._ /
-Signed, s.,J,d and Mimed in tho Pm'n" of I : .. ~~~~:~~:::'~~~1~[~3
...................................................................... J ................................................................................................. ~~
························································· -
~SS .
Com;ty of... .. G.C1.r.fi.~Jd. .................................. ) The fore,:;oing instrnm~nt w:::s :.-::,;:,rn·i-
ST,\TZ OF co~,o:-~ADO,
-r ~
edged before me this ... .27th ................ d a y oi.' ........ .J.1Jn .~ .................................... , 19().::i .... ,
*by ...... CLOYD .. J ... GREEN .. A:JD..IREN.E .. GREE:\I ...................................................... .
WA ltl :A~T \' lll·:J-:i> TO JOl:-.'1' Tl·::-."A :-.'T S
• •
Description Atta c hed
'.::'o;;ct'.1cr with all and singular the heredit::unents ~.n<l appurten;;.nces thereto belonging, or in anywise apyier-
tair..in.:;, and the reYersion and reversions , remaind er and remainders,· rent:;, i ssues an<l protits thereof ; and ::..Jl the
esta-cc , ri (;-J-.t, tide, in t~rest , claim an<l demand whatsoever of t:1e said p::ntie S oi the first part , either in law or
ec;ui"(.y, oi, in ::..nd to the above bargained premises, with t:1e ner.:~ditaments an a;ipunenances.
To ::ave aad to :S:olcl the said premises above bnrgai ned and described, with the a;1pu1 enances , unto •he said
parties of "he second part, the survivor of them, their assig-ns and the heirs and assigns of such su rvivor foreve•·.
Anci '~he s«id pa;:ties of the first part, forthen :;elves heir:;, executors , and administrators , do
covcnant, grant, bargain and agree to and with the said parties oi U-.<:: :--econd part, the survivor oi them , their assign.s
::nd· tI'..;; hci•·s and as:;ig·ns of st:.ch survivor, that at the time of the ensc'<.ling and c!clivery of these preser.ts,
well seized of the premises above conveyed, as of good, sure, perfect , ab sol ute and indefeasil.ile estate of inheritan.::<::,
ii• law, in :fee simple, and have good right, full powc1· and lawful authority to grant, bargain, sell :md convey
the same; in ma;-:.ner :md form aforesaid, and that fr.c same arc free and clear from all former and other grant:;,
Lo:.rgains , sales, liens, taxes, assessments and incumbrnnces of whatever kind or nature soever,
and "he ::..bove bar;tained premises in the quiet :md peaceab e possession of the said parties of the second part, ii:e
surv;vor of them, their as:;igns and the heirs and assigns of such survivor, against all and every pci·son or perso;1::;
L:.w.u:ly claiming or to cl::.im the whole or any part thereof, the said part ie S of the first part shall anti will
WARR.AXT A:\'D FORE VER DEFE).'D.
In Witness Whereof, The said part i e S of the first
and se.'.lls the day and year first above written.
Signed, Sealed and Delivered in the Presence of \
i
part have hereunto set their hand
;f~~1::~b25:?.:L ~~
. t •. -" : ................. \._ ': ---\/~ '--; ,.......:..-·"'"'-. .. /' ...._"'i(\"t! . ...•............................ .-.c .............. ~·········································\._.....~
·························································· ··························· .......... / ;r;s(l
·····-······················--·-···································-································~'-.::..:.:.i
Com ty o;~,~·.:.r~i:.~~···~:~ADO, ........... }ss. The forc;oing instrument was a~:rnowl-
edgcd before me this ....... 27.th.... .. . . .. .i:1y of. .... Jµn~ ................................... , 109.~ ... ,
*by ...... CLOYD .. J ... GREEN .. i'iND.lREN.E .. GREEN ...................................................... .
················ ··························· ········································-·········································· ................... .
Witness my hand and of:ki:il "''al.
My cornmissi1)1, expi «cl' .......... 1/J .~·/:7:J _
~-----------------------•
AUgust 4, 1986 l
Shirley Englert
4474 100 Rd.
Carbondale, co 81623
Dear Ms. Englert:
GARFIELD COUNTY
PLANNING DEPARTMENT
•
'Ihis letter is in regard to your proposed subdivision exemption off of
county Rd. 100 which has not yet been completely finalized.
A Resolution of Approval has been signed, however at your request and that
of your attorneys, the exemption plat has not been recorded. 'Ihis delay
was due to the need to correct language in the certificate of dedication
that would have reserved for public use what was intended to be a private
access easement on the site.
All that is necessary to corrplete your request is the submittal of a
corrected plat and the recording of the plat following signature by the
Board of County Cormnissioners. As you are still under a current AUgust
30th deadline to complete the exemption, it is important that the new plat
be submitted as soon as possible.
Please contact this office if you have any further questions or concerns.
Your attention to this matter is appreciated.
Sincerely,
Glenn Hartmann
Planner
GH/emh
... .. ·
J(/I r' ,_?~..]
109 8TH STREET.~l llRD FbGO~ 945-8212 I 625-5571 GLENWOOD SPRINGS, COLORAGO 81601
• •
EXHIBIT A
LEGAL DESCRIPTIONS
Legal Description -Lot 1:
A tract of land situated in SE%NW% of Section 30, Township 7 South, Range 87 West of the 6th
Principal Meridian, Garfi.eld County, Colorado, being more particularly described as follows:
Beginning at a point whence a brass cap found for the Center of said Section 30 bears S 00°
04'00'' E 230.00 feet and N 89°56'00" E 570.00 feet; thence N 35°33'07" E 1071.17 feet to a
point on the Easterly boundary line of the SE%NW% of said Section 30; thence S 02°44 1 0o~··w
565.44 feet along said Easterly boundary line; thence S 89°56'00" W 268.21 feet; thence S 00°
04'oo•E 306.00 feet; thence S 89°56'00" W 328.00 feet to the point of beginning, containing
3.98 acres more or less, and subject to and together with the private drive easement, spring
access and maintenance easement, and waterline easements described hereon.
Legal Description -Lot 2:
A tract of land situated in SE%NW% of Section 30, Township 7 South, Range 87 West of the 6th
Principal Meridian, Garfield County, Colorado, lying southeasterly of the Southeasterly right-
of-way of Garfield County Road No. 100, and being more particularly described as follows:
Beginning at a point on the Southerly boundary line of the SE%NW% of said Section 30 whence a
brass cap found for the Center of said Section 30 bears N 89°56'00" E 570.00 feet; thence S 89°
56'00" W 263.64 feet to a point on the Southeasterly right-of-way line of said County Road
No. 100; thence along said Southeasterly right-of-way line on the following courses:
N 03°27'00" E 65.47 feet; thence N 17v20 1 00". E 177.51 feet; thence N 20°32'00" E 46.38 fee~;
thence N 33°32'00" E 71.02 fe-et; thence N 53°26'00" E 98.82 feet; thence N 49°17'00" E 60.58
feet; thence N 39°01'00" E. 103.30 feet; thence N 36°55'00" E 199.49 feet; thence N 40°58'00'' E
175.46 feet; thence N 46°09'00" E 251.72 feet; thence N 40°13'00" E 223.06 feet; thence N 35°
11'00" E 47.61 feet to a point on the Easterly boundary line of the SE%NW% of said Section 30;
thence S 02°44'00" W 90.00 feet along said Easter~ boundary 1 ine; thence s 35°33'07" w 1071.17
feet; thence S 00°04 1 00 11 E 230.00 feet to the point of beginning, containing 4.33 acres more or
less, and subject to the private drive easement, spring access and maintenance easement, and
waterline easements described hereon.
May 12, 1986
Shirley Englert
4474 100 Rd.
carbondale, co 81623
•
Re: SB 35 Application
Dear Ms. Englert:
GARFIELD COUNTY
PLANNING DEPARTMENT
•
'Ihe Garfield County Board of County Corrunissioners did approve an
additional 120 day extension on your proposed SB 35 exemption during their
meeting of May 5th. 'Ihe submittal of an exemption plat, in accordance
with your conditions of approval, is the only remaining item to be completed prior to obtaining final approval.
Please note that the granting of additional extensions is entirely at the
discretion of the Board of OJunty OJmmissioners. Your current extension
will expire on August 30, 1986 and it is suggested that if at all
possible, you submit your exemption plat by that date.
'Ihank you for your cooperation in this matter. Please contact this office if you have any additional questions.
Sincerely,
Glenn Hartmann
Planner
GH/emh
)
S'V/~ Je;r3
109 8TH STREET,-HllRO FLOOR
9 45-82 12 I 625-55 7 1
G LE NWOO D SPRll\l r::c r-,-,, ~~. --
•
April 25, 1986
Shirley Englert
4474 100 Rd.
carbondale, co 81623
Re: SB 35 Application
Dear Ms. Englert:
GARFIELD COUNTY
PLANNING DEPARTMENT
(
'Ibis letter is in regard to the above referenced application which you
currently have pending with the Garfield County Planning Department and,
based on our records, has not received any final approval.
Additional submittals or conditions of approval remain to be satisfied
prior to any final approval of your application. 'Ihese conditions are
outlined in the minutes of your meeting with the Board of County
Corrunissioners and are available through this office. Olr staff is
available to assist you in clarifying what conditions remain to be
completed.
'Ihe standard time limit of 120 days to satisfy these conditions and your
extension for an additional 120 days has recently expired. We request
that you contact this off ice inunediately and indicate if you are still
actively pursuing approval of your proposal. If this is the case,
additional extensions of the 120 day limit can be requested.
If you do not intend to pursue final approval and do not contact this
office within 30 days, your approval will no longe r be valid as per
Section 8.33 of the Garfield County Subdivision Regulations and it will be
necessary to close your file .
We encourage you to contact this off ice as soon as possible and look
forward to working wi th yo u in regard to this matter.
Sincerely,
~,__7f~
Glenn Hartmann
Planner
GH/ernh
.St/tn;" ./CJ 3
109 8TH STREET,.:i:lllRD FLOOR 945-8212 I 625-5571 GLENWOOD SPRINGS, COLORAIJO A1 ~n 1
l
August 26, 1986
Shirley Englert
•
4474 100 Rd.
Carbondale, co 81623
Dear Ms. Englert:
GARFIELD COUNTY
PLANNING DEPARTMENT
•
Enclosed is a copy of the Resolution of Approval for your SB 35 Exemption
Request. The only remaining ste p t o be completed is the recording of your
plat with the Garfield County Clerk and Recorders Office.
The Clerk and Recorders off ice i s l ocate J in the Courthouse and currently
is holding your plat. You should contact the Clerk's office directly
regarding the recording and $10.00 fee or you can submit a check to the
Planning Department, made out to the "Garfield County Treasurer" and we
will finalize the recording.
If you have any further questions or concerns, please contact this office.
Sincerely,
Glenn Hartmann
Planner
GH/ernh
encl.
109 STH STREET, SUITE 303 945-8212 I 625-55 71 GLENWOOD SPRINGS . COLORADO 81601