HomeMy WebLinkAbout1.0 ApplicationNAME.
EXEMPTION
PURPOSE OF EXEMPTION.
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QUALIFICATION FOR S.B. 35
4(1 ft44'
LOCATION OF SITE:
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WATER: '')/a
DIV. OF WATER RESOURCES RESPONSE: j7� o' 41P
SEWER: •
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ec5-ecs
?( FEE PAID ($50 +1.00/acre for each parcel created under 35 acres)
MAP showing proposed lots and access
DEED
iaLicv2-0-4/ 4`. J2? -e -t-
>' VICINITY MAP
100 yr floodplain info.
SOIL MAP
,/')/a IF community water, letter of approval from governing body
COMMENTS: c-/)
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EXHIBIT A
LEGAL DESCRIPTION
Parcel of land being described as the E 1/2 SE 1/4, Section
33, Township 5 South, Range 89 West, of the Sixth Principal
Meridian, more particularly described as follows: Beginning at
an Iron Post properly marked as the common corner to Sections 33
and 34 of said Township and Range, the True Point of Beginning;
thence S 88° 59' 04" W, 1321.55 feet along the South line of said
Section 33; thence N 00° 05' 32" W, 2648.05 feet along the West
line of the E 1/2 SE 1/4 of said Section 33; thence N 89° 29' 02"
E, 1321.06 feet along the East-West centerline of said Section
33; thence S 00° 06' 00" E, a distance of 1049.63 feet along the
East line of said Section 33 to the North line of existing access
road; thence N 89° 50' 00" E along the North line of said access
road a distance of 174.24 feet to the centerline of County Road
No. 132; thence S 27° 32' 45" W along said centerline a distance
of 139.06 feet; thence S 21° 56' 41" W along said centerline a
distance of 146.21 feet; thence S 250 06' 28" W along said cen-
terline a distance of 128.76 feet to a point on the East line of
said Section 33; thence S 00° 06' 00" E a distance of 1211.90
feet to the True Point of Beginning. Said parcel of land con-
tains 80.87 acres, more or less. There is excepted parcels con-
veyed by Documents No. 231725 and 236886 and containing 3.10 and
2.08 acres, more or less respectively, as filed in the office of
the Clerk and Recorder of Garfield County.
Except the County Road along the Southeasterly boundary of the
property above described.
#B2044A
1
LEGAL DESCRIPTION
of that Portion of Parcel A to be Included within Parcel B
in the Lee/Duprey Subdivision Exemption
All that portion of the West Half of the Southwest Quarter of
Section Thirty -Four, Township Five South, Range Eighty -Nine West
of the Sixth Principal Meridian, described as follows:
Beginning at a point which bears NO° 06'W a distance of 1211.90
feet from the Southerly Section Corner common to Sections 33 and
34, T5S,R89W, 6th P.M., thence NO°06'W along the Section Line
common to Sections 33 and 34 a distance of 375 feet to the point
of intersection of said Section Line and the North Line of the
Access Road; thence N89°50'E a distance of 174.24 feet to the
Centerline of the County Road; thence S27°32'45"W along said
County Road a distance of 139.06 feet; thence S21°56'41"W along
said County Road 146.21 feet; thence S25°06'28"W along said
County Road a distance of 128.76 feet to the True Point of
Beginning. Except the County Road along the Southeasterly boun-
dary of the property above described.
LOYAL E. LEAVENWORTH
KEVIN L. PATRICK
JAMES S. LOCHHEAD
BRUCE D. RAY
Peter A. Milwid*
LEAVENWORTH, PATRICK dr LOCHHEAD, P. C.
ATTORNEYS AT LAW
May 7, 1982
Terry Bowman
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, CO 81601
1011 GRAND AVENUE
R O. DRAWER 2030
GLENWOOD SPRINGS,COLORADO 81601
TELEPHONE: (303) 945-2261
HAND
DELIVERED
Dear Terry:
As we discussed by phone today, enclosed is a completed
application and all necessary exhibits for a subdivision
exemption for property owned by and under contract to Mark
Lee, Trustee, on County Road 132. As I explained, we are not
creating any new lots by this division, but simply realigning
the property lines of the two parcels in question.
We have the Duprey property under contract with the con-
tingency that we are able to obtain an exemption. The con-
tingency period expires May 31, 1982. Therefore, we would
appreciate it if we could have this matter scheduled for con-
sideration by the Board of County Commissioners before that
date.
We are having Dean Gordon of Schmueser & Associates pre-
pare a final survey of the property that we would like to have
considered along with this application. We will forward a copy
of the survey as soon as it is received.
Please keep either myself or Jim Lochhead of our office
advised as to the progress of the application, and do not
hesitate to call if you have any questions.
Very truly yours,
LEAVENWORT , PATRICK & LOCHHEAD, P.C.
PAM/sky
Encs.
cc w/encs.: Mark Lee
*Licensed in California only.
Peter A. Milwid
vv✓Li V ivivLv
LL1LL'1L 1 L'JLN
Pursuant to C.R.S. 1973,
amended,
Colorado,
3.02.01,
and the
adopted
MARK LEE
Section 30 -28 -101(10)(a) -(d), as
Subdivision Regulations
January 2,
of Garfield County,
1979, Section 2.02.01(d) and
, TRUSTEE, by
Leavenworth, Patrick & Lochhead,
the Board of County Commissioners
to exempt by resolution
and through his attorneys,
P.C., respectfully petitions
of Garfield County, Colorado,
the division of an approximate
7 —
4, RYh1 h; t A attached
LOYAL E. LEAVENWORTH
KEVIN L. PATRICK
JAMES S. LOCHHEAD
BRUCE D. RAY
Peter A. Milwid*
• •
LEAVENWORTH, PATRICK dr LOCHHEAD, P C.
ATTORNEYS AT LAW
May 7, 1982
1011 GRAND AVENUE
P. 0. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (303) 945-2261
Terry Bowman HAND
Garfield County Planning Department
2014 Blake Avenue DELIVERED
Glenwood Springs, CO 81601
Dear Terry:
As we discussed by phone today, enclosed is a completed
application and all necessary exhibits for a subdivision
exemption for property owned by and under contract to Mark
Lee, Trustee, on County Road 132. As I explained, we are not
creating any new lots by this division, but simply realigning
the property lines of the two parcels in question.
We have the Duprey property under contract with the con-
tingency that we are able to obtain an exemption. The con-
tingency period expires May 31, 1982. Therefore, we would
appreciate it if we could have this matter scheduled for con-
sideration by the Board of County Commissioners before that
date.
We are having Dean Gordon of Schmueser & Associates pre-
pare a final survey of the property that we would like to have
considered along with this application. We will forward a copy
of the survey as soon as it is received.
Please keep either myself or Jim Lochhead of our office
advised as to the progress of the application, and do not
hesitate to call if you have any questions.
PAM/sky
Encs.
cc w/encs.: Mark Lee
*Licensed in California only.
Very truly yours,
LEAVENWORT , PATRICK & LOCHHEAD, P.C.
Peter A. Milwid
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR SUBDIVISION EXEMPTION
Pursuant to C.R.S. 1973, Section 30 -28 -101(10)(a) -(d), as
amended, and the Subdivision Regulations of Garfield County,
Colorado, adopted January 2, 1979, Section 2.02.01(d) and
3.02.01, MARK LEE, TRUSTEE, by and through his attorneys,
Leavenworth, Patrick & Lochhead, P.C., respectfully petitions
the Board of County Commissioners of Garfield County, Colorado,
to exempt by resolution the division of an approximate
one-third (1/3) acre parcel described in Exhibit A attached
hereto for inclusion in the parcel described in Exhibit B
attached hereto, 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:
Petitioner wishes to include this one-third (1/3) acre
parcel, described in Exhibit A, which Petitioner has under
contract from the current owners contingent on the
approval of this exemption, within the parcel described in
Exhibit B, which Petitioner currently owns, in order to
have increased frontage on County Road 132 for the parcel
described in Exhibit B. This division would not create any
new lots but would simply change the boundaries of each
parcel.
In support of this petition, the petitioner also submits
the following:
A. Map drawn to scale showing proposed lot subdivision
and access (Exhibit C).
B. Copy of deeds (Exhibits D-1 and D-2); copy of purchase
contract for property described in Exhibit A (Exhi-
bit E), and letter of permission from present owner of
property described in Exhibit A (Exhibit F).
C. Vicinity map (Exhibit G).
D. Statement on source of domestic water: See Exhibit B
for a list of water rights appurtenant to the
• •
property. There is currently one single-family house
located on the Parcel described in Exhibit B, which
takes water from a spring located on the property as
its source of supply. The property described on
Exhibit A, to become a part of the property described
on Exhibit B, does not have any improvements which
require water service.
E. Statement on method of sewage disposal: See Exhibit F2
for a statement as to sewage disposal on the property
described in Exhibit A. The house located on the pro-
perty described in Exhibit B utilizes a septic
tank/leach field sewage disposal system.
F. 100 year floodplain information where live stream
crosses or adjoins said tract: not applicable.
G. Evidence of the soil types: Exhibit H.
H. Copy of Assessor's map showing the property: Exhi-
bit I-1 and I-2).
I. Practical description of property location: The pro-
perty is located on County Road 132 approximately
N. one-half (2) mile North of the intersection of U.S.
6 and 24 and County Road 132.
\,542
J.
Fee in the amount of $126.00.
K. $200.00 fee for each new lot created: not applicable.
Submitted at Glenwood Springs, Colorado, this day of
1982.
PETITIONER:
LEAVENWORTH, PATRICK & LOCHHEAD, P.C.
Attorneys for MARK LEE, TRUSTEE
By
Mailing address:
P. 0. Drawer 2030
Glenwood Springs, CO 81602
Phone: (303) 945-2261
-2-
EXHIBIT A
That portion of the following described property:
All that portion of the West Half of the
Southwest Quarter (W1/2SW4) of Section Thirty-
-Four (34), Township Five (5) South, Range
Eighty -Nine (89) West of the Sixth Princi-
pal Meridian (6th P.M.), described as fol-
lows:
Beginning at a point which bears
N.0°06' W. 1212 feet from the Southerly
Section Corner common to Sections 33 and
34, T5S, R89W, 6th P.M.; thence N.0°06' W.
1416.8 feet to the Quarter Corner common to
said Sections 33 and 34; thence N.89°50' E.
621.3 feet to the centerline of the County
Road; thence S.14°26' W. 397 feet along
said centerline; thence S.29°16' W. 718
feet along said centerline; thence S.230
08'
W. 448 feet along said centerline to the
point of beginning.
Except the County Road along the South-
easterly boundary of the property above-
described.
Lying south of the Northerly line of the access road existing
and in place within the above-described property extending from
Garfield County Road 132 to the property described in Exhibit B.
Including without warranty all water and water rights, ditch
and ditch rights, well and well rights, including without
limitation, well permits and applications for well permits
currently pending, reservoir and reservoir rights appurtenant
to, used upon or in connection with or in any way benefiting
said parcel of land.
Reserving to the Seller an easement for access to the adjoining
lands of the Seller from Garfield County Road 132 along said
existing access road, with the Seller granting the right to the
Purchaser to realign the road as the Purchaser, in his sole
discretion, may determine, providing the access easement re-
served by the Seller herein is not substantially impaired. The
easement herein reserved shall be in perpetuity and unrestricted
as to alienation and transferability. The use of such easement
shall be for ingress, egress, utilities and drainage purposes
and shall be for the benefit and use of the land retained by
seller located northerly of the property the subject hereof.
EXHIBIT B •
A parcel of land being desci ibed as the l :',SE'.•., Section 33,
Township 5 South, Range 89 West of the Sixth Principal Teri
dian, more particularly descr bed as follows: Beginning at an
Iron Post pr. er I v marked as the common corner- to Sections 33
;ln.l 34 of said Township and Range, the 'Prue Point of Beginning;
thence S 89°01'55"W 1321.55 feet along the South line of said
Section 33; thence N 00°02'41"W 2648.05 feet along the West
line of the E':!SE; of said Section 33; thence N 89°31'53" E
1321.06 feet along the East-West centerline of said Section 33;
thence S 00°03'09" E 2636.53 feet along the East line of said
Section to the True Point of Beginning. Said parcel of land
contains 80.14 acres, more or less.
EXCEPT parcels conveyed by Documents 231725 and 236886 and
containing 3.10 and 2.08 acres, more or less respectively as
filed in the office of the Clerk and Recorder of Garfield
County.
TOGETHER WITH all water and water rights, ditch and ditch
rights, wells and well rights, including without limitation
well permits and applications for well permits currently pend-
ing, reservoirs and reservoir rights appurtenant to, used upon
or in any way benefiting said parcels of land, including speci-
fically but without limitation:
1. The Burton ditch water rights, decreed for 0.4 c.f.s.
in Civil Action No. 360, in the District Court in and for
Garfield County, on October 17, 1890, with an appropriation
date of June 20, 1885, in former Water District No. 39.
2. The Nott !,1 ditch water right, decreed for 0.8 c.f.s.
in Civil Action No. 473, in the District Court in and for
Garfield County, on April 30, 1892, with an appropriation date
of September 29, 1890, in former Water District No. 39.
3. The Nott #1 ditch first enlargement water right,
decreed for 0.16 c.f.s. in Civil Action No. 1999, in the
District Court in and for Garfield County, on September 30,
1918, with an appropriation date of September 1, 1904, in
former Water District No. 39.
4. The Nott #1 ditch second enlargement water right,
decreed for 0.5 c.f.s. in Civil Action No. 2140, in the
District Court in and for Garfield County, on December 22,
1920, with an appropriation date of September 14, 1909, in
former Water District No. 39.
5. The Nott i#1 ditch third enlargement water right,
decreed for 0.5 c.f.s. in Civil Action No. 2140, in the
District Court in and for Garfield County, on December 22,
1920, with an appropriation date of September 14, 1909, in
former Water District No. 39.
6. The Nott #1 ditch fourth enlargement water right,
decreed for 0.54 c.f.s. in Civil Action No. 4004, in the
District Court in and for Garfield County, on September 5,
1952, with an appropriation date of October 15, 1942, in former
Water District No. 39.
7. The Nott /2 ditch water right, decreed for 0.8 c.f.s.
in Civil Action No. 473, in the District Court in and for
Garfield County, on April 30, 1892, with an appropriation date
of September 29, 1890, in former Water District No. 39.
Including any and all easements and rights of way associated
with or used in connection with the above-described water
rights.
N
/ EXHIBIT C
PARCEL B
Ho L.,sr ,•//
L l�
(-C. 7T / d /1 E3 B
s s., - e9
/'/6 5 RIC sr
8900/•55''W
Plat
27, 1973
PARCEL A
SECT/ON dp
- coS. F-?.�>1.✓,
• _ ..fin.. .~.eine cess, i:.... Js ,., ;.Ji..-, -.eco Ion 33, To'w nsnip 5 .:out, , --� -
o.- - Frincieal i:ia, , 7cre ..3r. iC:iarly described as fol Ices: - _ ....,
- • - - -_zero : --:r as The cc... . - orr. r To Sections 33 and 34 of sal:.
7.:,-
7%e Fincf _- : i n i , thence )° 1 ' 55" ,• 1321.55 feet a i ,. _
1 c i 33; _3 ,20c.-271 41" W643.05 i e -et a I cn,1 the •-_ T 1 i r,'.'.
s_ _ . 33; Tnence N 3..-)31'53" 1321.06 feet alcng the East -•;est cen-er
-;-I Sec- : ; e~,e S C1.;'D3 ' E 2636.53 feet along the East line of said SecTi:.n
3^i.,^- �, Ee-inni i ��rcel of land contains 80.14 acres, more cr less.
7,1/..-.1e..--v-:..-cels ccn .. - . -on is `:o. 231 725 and 236666 and ccnTa i n i n^ 3.. ;
I --. , Tcre cr leis _,; Js filed in the office of the Clerk and Re::.r�er _.
I--
.SCALE i /AJC,-/ =
T?O N /'c2.5 -,--
,g/ ,955
5DU-,-y
Petitioner proposes to purchase the approximately 1/3 acre,
pie -shaped portion of Parcel A (described in Exhibit A) and
include same as part of Parcel B (described in Exhibit B) which
Petitioner currently owns.
.:i .
3ook 433
Li --e 334
EXHIBIT D-1
1=
July
Recorded at..._..._. o'clock. M.,
Reception No 2 ' ,it e ph Recorder.
1972
THIS DEED, Made this �/ day of •T u l y , 19 72
between HOWARD F. OSBORNE and
EMILY SEVERS OSBORNE
of the
County of Garfield and State of Colorado, of the first part, and
JOAN DUPREY
County of Garfield and State of
of the
STATE DDCUYiENTANY FEE
JUL
Colorado, of the second part:
WITNESSETH, That the said part i e Slf the first part, for and in consideration of the sum of
--- Dollars and other valuable considerations nOLL
ARS
to the said part ies of the first part in hand paid by said part y of the second part, the receipt whereof is
hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm, unto the said part y of the second part, her heirs and assigns for-
ever, all the following described lot or parcel of land, situate, lying and being in the
County of Garfield and State of Colorado, to wit: All that portion of the W-1 / 2SW -1 / •
of Section 34, Tp. 5 S., R. 89 W., of the 6th P. M. , described as follows:
Beginning at a point which bears N. 0°06' W. 1212 feet from the Southerly Section
Corner common to Sections 33 and 34, Tp. 5 S. , R. 89 W. 6th P. M; thence
N. 0°06' W. 1416. 8 feet to the Quarter Corner common to said Sections 33 and
34; thence N. 89°50' E. 621. 3 feet to the center line of the County Road; thence
S. 14°26' West 397 feet along said center line; thence S. 29°16' West 718 feet
.long said center line; thence South 23°08' West 448 feet along said center line
o the point of beginning.
Except the County Road along the Southeasterly boundary of the property above
. escribed.
TOGETHER with all and singular the hereditaments and appurtenances thereto 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 parties of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the
said part y of the second part, her heirs and assigns forever. And the said part ies of the first part,
for them selves, themirs, executors, and administrators, do covenant, grant, bargain, and agree to and
with the said part y of the second part, her heirs and assigns, that at the time of the ensealing and delivery
of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear
from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or
nature soever., except taxes for 1972 payable in 1973, to be prorated to date
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
her heirs and assigns against all and every person or persons lawfully claiming or to claim the whole
or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part ies of the first part ha ve hereunto set their hand S
J'
ii�_� �_ J AL)
-; .'Hoiward Osborne
C• iY`'-xati..1.....,..1., LL.,. :-Z`J.a.i.:L.,(SEAL)
Emil Severs Osborne
(SEAL)
and seal S the day and year first above written.
•. ,.,STATE OF COLORADO,
as.
a ?.i �: J
,',,' ....... ,ajl .,County of Garfield ate'
�i — day of July
The for¢gegi' instrument was acknowledged before me this
•Ve0'7F211t o YARD F. OSBORNE and EMILY SEVERS OSBORNE
M
,.) 'y- eommiasgah_expires ,, , 19 . Witness my hand and official seal.
--rl I. % . k E
expires e 1, 1974 �°� / _...
Notary Public
?p••GOO June
No. 932. WARRANTY DEED.—For Photographic Record.—Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado -6-71
EXHIBIT D-2
No. 36. WARRANTY DEED -Short Form. sradrord rind's, ncIo-so
THIS DEE ) : -ll� day of April
D, Made this
G. Stephen Fadlevich and Vivian M. Fadlevich
County of Garfield and State of Colorado, of the first part, and
I of t he
Mark Lee, Trustee
!whose legal address is 1800 St. James Place, Suite 500
City Texas
1,ofthe }0134)07of Houston
and State of ofg.7.1pend,Q, of the second part:
WITNESSETII, That the said part i e s of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable considera fco heee
I ;to the said part l e S firsta undpart,thereceipt
of the part in hand paid by the said party
l
whereof is hereby confessed and acknowledged, ha V e granted, bargained, sold and conveyed, and by these presents
y of t he second part, his
ale grant, bargain, sell, convey and confirm, unto the said part
j heirs and assigns forever, all t he following described lot or parcel of land, situate, lying and being
I,in the 0:wilyof Garfield and State of Colorado, to wit:
See Exhibit A attached hereto and incorporated herein by this
reference.
, I982 , between
i1
I
also known as street and number 0713 County Road 132
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the
estate, right interest, claim and demand whatsoever of the said part 1 e S of the first part, either in law or equity,
of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE ANI) TO HOLD the said premises above bargained and described, with t he appurtenances unto the said
of the second part. h 1 s heirs and assigns forever. And the said part 1 e s
j part y covenant.
of the first part. for themselves, their heirs, executors, and administrators, du
Ihairs and assigns.
of the second pact, h 1 S
IIi
grant, bargain and agree to and with the said part y ll seire(1ol'the premises above
that at the time of the ensealing and delivery of these presents they are wegood
conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law. in fee simple, and hWe K
I right, full power and lawful authority to grant, bargain, sell and convey t he same in manner and form as aforesaid, and
that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
' encumbrances ofwhatever kind ornature soever•- ; except 1982 taxes due and payable
in 1983, and except for all easements, liens, or encumbrances
of any kind whatsoever of record or in place,
� y of the second pant.
and the above bargained premises in the quiet and peaceable possession of the said pau t
his heirs and assigns, against all 1111(1 every person nr persons lamfull> elaimin>; or to claim the whole
or any part thereof, the said part le s ol'the first part shall and will WARRANT AND l(rltEVER DEFEND.
hereunto set their
IN WITNESS WHEREOF, The said part 1 e s of the first part. ha v e
hand s and seal s the day and year first above written. // /;/y
Signed, Sealed and Delivered in the Presence of ✓ Sr't p`h Fadlevich
lJ..(..1 4,..L4, Oil ! ' ,cat `-—ISEALI
Vivian M. Fadlevich
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EXHIBIT A
To Warranty Deed Dated April 28, 1982
Between G. Stephen Fadlevich & Vivian M. Fadlevich as Grantors
And Mark Lee, Trustee, as Grantee
A parcel of land being described as the East One Half of the
Southeast Quarter (E1/2SE4), Section Thirty -Three (33), Township
Five (5) South, Range Eighty -Nine (89) Westof the Sixth
Principal Meridian.
EXCEPT parcels conveyed by Documents 231725 and 236886 and
containing 3.10 and 2.08 acres, more or less respectively as
filed in the office of the Clerk and Recorder of Garfield
County.
TOGETHER WITH all water and water rights, ditch and ditch
rights, wells and well rights, including without limitation
well permits and applications for well permits currently pend-
ing, reservoirs and reservoir rights appurtenant to, used upon
or in any way benefiting said parcels of land, including
specifically but without limitation, all of the Grantor's inter-
est in and to the following:
1. The Burton Ditch water rights, decreed for 0.4 c.f.s.
in Civil Action No. 360, in the District Court in and for
Garfield County, on October 17, 1890, with an appropriation
date of June 20, 1885, in former Water District No. 39.
2. The Nott No. 1 Ditch water right, decreed for 0.8
c.f.s. in Civil Action No. 473, in the District Court in and
for Garfield County, on April 30, 1892, with an appropriation
date of September 29, 1890, in former Water District No. 39.
3. The Nott No. 1 Ditch First Enlargement water right,
decreed for 0.16 c.f.s. in Civil Action No. 1999, in the
District Court Garfield o September
3
0,
1918, wit an appropriation date of September 1, 1904, in
former Water District No. 39.
4. The Nott No. 1 Ditch Second Enlargement water right
decreed for 0.5 c.f.s. in Civil Action No. 2140, in the
District Court in and for Garfield County, on December 22,
1920, with an appropriation date of September 14, 1909, in
former Water District No. 39.
5. The Nott No. 1 Ditch Third Enlargement water right,
decreed for 0.5 c.f.s. in Civil Action No. 2140, in the
District Court in and for Garfield County, on December 22,
1920, with an appropriation date of September 14, 1909, in
former Water District No. 39.
6. The: Nott No. 1 Ditch Fourth Enlargement water right,
decreed for 0.54 c.f.s. in Civil Action No. 4004, in the
District Court in and for Garfield County, on September 5,
1952, with an appropriation date of October 15, 1942, in former
Water District No. 39.
7. The Nott No. 2 Ditch water right, decreed for 0.8
c.f.s. in Civil Action No. 473, in the District Court in and
for Garfield County,
on 1890 ,pril in fo0rmer892, Water1th an DistrictpNo�p39ation
date of September
Including any and all facilities, equipment, easements and
rights of way associated with or used in connection with the
above-described water rights.
11
F
•
The printed portions of this form approved by the
Colorado Real Estate Commission (SC 26-12-77)
EXHIBIT E
RECEIPT AND OPTION CONTRACT
(VACANT LAND)
March 30
For use in sale of
VACANT LAND ONLY
,19_82
BE RECEIVED FROM mark, rltee
2 000. 00 , in the form of a check
Purchaser (�iXjYii it l a the sum of $ _AM
to be held by Joan Duprey
xxxxxxxxixixmotkocalobliztit, as earnest money and part payment for the following described real estate situate
in the,County of Garfield Colorado, to wit:
All property described in Exhibit A attached hereto and incor-
porated herein by this reference.
with all easements and rights of way appurtenant thereto, which property purchaser agrees to buy upon the
following terms and conditions for the purchase price of $15 , 0 0 0 . 0 0 , payable as follows: ¥XXXXXXX
ileXXiiKeNiGKRai X
1. $2,000.00 earnest money paid to the Seller within 10 days of the execution of
this contract. Seller will refund $2,000 to Purchaser if this Agreement is
terminated, subject to paragraphs 7 and 9 below. Seller will be liable for
attorneys'and cosby ts
sssful n brought
by the Purchaser to recover the $2,000.00 earnest moneypaid hereunder
2. $13,000.00 cash at closing.
If a note and trust deed or mortgage is to be assumed, the purchaser agrees to apply for a loan assumption if
required and purchaser agrees to pay (1) a loan transfer fee not to exceed $
and (2) an interest
rate not to exceed % per annum. If the lender's consent to a loan assumption is required, this contract is
expressly conditioned upon obtaining such consent without change in the terms and conditions of such loan except as
above stated.
If a secured or unsecured loan is to be carried by the seller, seller shall not be obligated to carry said loan for any
person or entity in lieu of the purchaser named herein.
Price to include:
1. An abstract of title to said property, certified to date, or a current commitment for title insurance policy in an
amount equal to the purchase price, at seller's option and expense, shall be furnished the purchaser on or before
—TS_ If seller elects to furnish said title insurance commitment, seller will
deliver the title insurance policy to purchaser after closing and pay the premium thereon.
2. Title shall be merchantable in the seller, except as stated in this paragraph and in paragraph 8. Subject to
payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser,
the seller shall execute and deliver a good and sufficient general warranty deed to said purchaser
XX at closing -- or, by mutual agreement, at an earlier date, conveying said property free
and clear of all taxes, except the general taxes for 19-_., payable January 1, 19giilMfreaFg
free and clear of all liens for special improvements now installed, whether assessed or not; free and clear of all liens
and encumbrances except: thoSe easements, restrictions, or other title matters
appearing on the above -referenced title ca>anitment, which do not, in
Purchaser's sole discretion, adversely affect the value or Purchaser's
intended use of the Property;
xxxxkowecorixEiglinliX
and subject to building and zoning regulations and the following restrictive covenants: none
3. General taxes for the year of closing shall be apportioned to date of delivery of deed based on the most recent
levy and the most recent assessment. Prepaid rents, water rents, sewer rents, and interest on encumbrances, if any,
shall be apportioned to date of delivery of deed. Seller agrees to deliver to Purchaser a certifica'e
of taxes due prepared by the Treasurer of Garfield County not less than five days
prior to closing. Purchaser agrees to pay all costs charged by the Treasurer of
Garfield County for preparing said certificate.
No. SC 26-12-77. Receipt and Option Contract(Vacant Land)—Bradford Publishing ('o., 1846 Stout Street, Denver, ('el 157:5-511111— 1 7a
*10 days following Purchaser's Notice of Intent to Close or 5 days prior to closing,
wh i r•hew r 1 q limner
• •
4. The hour and place of closing shall be as designated by
5. Possession of premises shall be delivered to purchaser on the date of rl nSi nq
subject to the following leases or tenancies:
6. In the event the premises are substantially damaged by fire, flood or other casualty between the date of this
agreement and the date of possession or the date of delivery of deed, whichever shall be earlier, this agreement may,
at the option of the purchaser herein, be declared null and void and any deposit herein made shall be immediately
returned to purchaser.
7. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or
performed as herein provided, there shall be the following remedies. In the event a payment or any other condition
hereof is not made, tendered or performed by the purchaser, then this contract shall be null and void and of no effect,
and both parties hereto released from all obligations hereunder, and all payments made hereon shall be retained on
behalf of the seller as liquidated damages. In the event that the seller fails to perform any condition hereof as
provided herein, then the purchaser may, at his election, treat the contract as terminated, and all payments made
hereunder shall be returned to the purchaser: provided, however, that the purchaser may, at his election, treat this
contract as being in full force and effect with the right to an action for specific performance and damages., including
Sttoe-s
8. Except as stated in paragraph 2, if title is not merchantable and written notice of defect(s) is given by the y
purchaser or purchaser's agent to the seller or seller's agent within the time herein provided for delivery of deed and
shall not be rendered merchantable within 30 days after such written notice, then this contract, at purchaser's option,
shall be void and of no effect and each party hereto shall be released from all obligations hereunder and the payments
made hereunder shall be returned forthwith to purchaser upon return of the abstract, if any, to seller; provided,
however, that in lieu of correcting such defect(s), seller may, within said 30 days, obtain a commitment for owner's title
insurance policy in the amount of the purchase price reflecting title insurance protection in regard to such defect(s),
and the purchaser shall have the option of accepting the then existing insured title in lieu of such merchantable title.
The seller shall pay the full premium for such owner's title insurance policy, and the abstract, if any, shall be returned
by the purchaser.
9. Additional provisions:
See Exhibit B attached hereto and incorporated herein by this
reference.
10. If this proposal is accepted by the seller in writing on or before April 1
instrument shall become a contract between seller and purchaser and shall inure to the benefit of the heirs,
1982 this
successors and assigns of su h parties.
moi.. 1€64J, / 4ftgent
D
•,caerIIIP"P Mark Lee, Trustee, by /
James S. Lochhead, Attor- /
ney in Fact
By. .rt ;v. i�/.%�/�l0/.
/ i
Seller accepts the above proposal this day of , 19 li>s
X X ItranNTKR DO K }coax% Ke.tHe4i.K.4Xa{diVei f XMXTRXsXiH XIKKOENDOEILKTK HKKAYAKZEXt KaKeXAKTK X
FIN tiKaXVAN KIKKIMKIiKiXabK KKAKKiiaMIX#XiHNoMiN MaKENA,KKA1XF'KKINKE FNK(KtIK irK
X NX .� H KX'XX K(KaaX XaYtH K316X,XiXaNfaXKaYa§itd{tXKlYeXKltiK
%LL. .I
Purchaser
Date
J • as Duprey eller
P ,;�. aser'sAddress Mark Lee & Associates, Inc., 1800 St. James Place, Suite 500,
i ouston, Texas 77056.
Seller's Address 0964 132 Road, Glenwood Springs, Colorado 81601
Seller
* the parties within 15 days from the date of Purchaser's Notice of Intent
to Close this transaction.
• •
EXHIBIT A
That portion of the following described property:
All that portion of the West Half of the
Southwest Quarter (W2SWk) of Section Thirty-
-Four (34), Township Five (5) South, Range
Eighty -Nine (89) West of the Sixth Princi-
pal Meridian (6th P.M.), described as fol-
lows:
Beginning at a point which bears
N.0°06' W. 1212 feet from the Southerly
Section Corner common to Sections 33 and
34, T5S, R89W, 6th P.M.; thence N.0°06' W.
1416.8 feet to the Quarter Corner common to
said Sections 33 and 34; thence N.89°50' E.
621.3 feet to the centerline of the County
Road; thence S.14°26' W. 397 feet along
said centerline; thence S.29°16' W. 718
feet along said centerline; thence S.23°08'
W. 448 feet along said centerline to the
point of beginning.
Except the County Road along the South-
easterly boundary of the property above-
described.
Lying south of the Northerly line of the access road existing
and in place within the above-described property extending from
Garfield County Road 132 to the property described in Exhibit C.
Including without warranty all water and water rights, ditch
and ditch rights, well and well rights, including without
limitation, well permits and applications for well permits
currently pending, reservoir and reservoir rights appurtenant
to, used upon or in connection with or in any way benefiting
said parcel of land.
Reserving to the Seller an easement for access to the adjoining
lands of the Seller from Garfield County Road 132 along said
existing access road, with the Seller granting the right to the
Purchaser to realign the road as the Purchaser, in his sole
discretion, may determine, providing the access easement re-
served by the Seller herein is not substantially impaired. The
easement herein reserved shall be in perpetuity and unrestricted
as to alienation and transferability. The use of such easement
shall be for ingress, egress, utilities and drainage purposes
and shall be for thebenefit and use of the land retained by
seller located northerly of the property the subject hereof.
EXHIBIT B
9. This Agreement and Buyer's obligations hereunder are
specifically contingent and conditional upon the following:
(a) The ability of the Purchaser to purchase the
real property described in Exhibit C attached hereto and
incorporated herein by this reference, upon such terms and
conditions as Purchaser, in his sole discretion, may deter-
mine.
(b) The parties recognize that the legal description
contained in Exhibit A is approximate and that a proper
survey is necessary before closing to determine the exact
boundaries of the Property and the Property's accept-
ability to the Purchaser. Therefore, the Purchaser, at his
expense, shall provide to Seller a current land title
boundary and improvement survey of the Property with perma-
nent corner pins in place, certified to date, prepared
from an on the ground inspection by a registered land
surveyor in the State of Colorado, showing thereon the
correct legal metes and bounds description of the Pro-
perty, its property dimensions, and any and all improve-
ments, ditches, waterways, fence locations, easements,
rights of way and adjacent roadways on and/or to the
Property, and certifying that no improvements situate
upon, under or adjacent to the Property are the subject of
encroachments, overlaps and overhangs and that no ease-
ments or restrictions of record have been violated in any
respect, and certifying the exact number of acres con-
stituting the Property. This survey shall constitute the
legal description of the Property and shall be contained
on the warranty deed delivered by Seller at closing. Said
survey shall be acceptable to both Purchaser and Seller,
which approval shall not be unreasonably withheld by
either party.
(c) The ability of the Purchaser to obtain at Pur-
chaser's sole expense, approval from the applicable govern-
ment authority for the subdivision of the Property so as
to allow for the conveyance thereof from the Seller to the
Buyer. The Seller shall fully cooperate with the Buyer in
obtaining all necessary governmental approvals. This condi-
tion is not waivable by the Purchaser.
These conditions shall be satisfied or waived within 60
days of the execution of the contract by the Seller, or this
Agreement shall be null and void and of no further force and
effect, and any earnest money paid hereunder shall be returned
to the Purchaser. If said conditions are satisfied or waived,
Purchaser shall deliver to Seller written notice of his intent
to close this transaction, and closing shall occur not less
than 15 days thereafter. In the event that the above conditions
are not satisfied, through no fault of the Seller, and this
contract is thereby terminated, Purchaser shall pay to Seller
all of Seller's reasonable attorneys' fees incurred in the
negotiation of this Agreement.
• EXHIBIT C
A parcel of land being described as the E',SE1., Section 33,
Township 5 South, Range 89 W,..st of the Sixth Principal Meri-
dian, more particularly described as follows: Beginning at an
Iron Post pr,,,rl v marked as the common corner to Sections 33
and 3L of said 'Township and Range, the True Point: of Beginning;
thence S 89°01'55"W 1321.55 feet along the South line of said
Section 33; thence N 00°02'41"W 2648.05 feet along the West
line of the ESE of said Section 33; thence N 89°31' 53" E
1321.06 feet along the East-West centerline of said Section 33;
thence S 00°03'09" E 2636.53 feet along the East line of said
Section to the True Point of Beginning. Said parcel of Land
contains 80.14 acres, more or less.
EXCEPT parcels conveyed by Documents 231725 and 236886 and
containing 3.10 and 2.08 acres, more or less respectively as
filed in the office of the Clerk and Recorder of Garfield
County.
TOGETHER WITH all water and water rights, ditch and ditch
rights, wells and well rights, including without limitation
well permits and applications for well permits currently pend-
ing, reservoirs and reservoir rights appurtenant to, used upon
or in any way benefiting said parcels of land, including speci-
fically but without limitation:
1. The Burton ditch water rights, decreed for 0.4 c.f.s.
in Civil Action No. 360, in the District Court in and for
Garfield County, on October 17, 1890, with an appropriation
date of June 20, 1885, in former Water District No. 39.
2. The Nott #,`1 ditch water right, decreed for 0.8 c.f.s.
in Civil Action No. 473, in the District Court in and for
Garfield County, on April 30, 1892, with an appropriation date
of September 29, 1890, in former Water District No. 39.
3. The Nott #1 ditch first enlargement water right,
decreed for 0.16 c.f.s. in Civil Action No. 1999, in the
District Court in and for Garfield County, on September 30,
1918, with an appropriation date of September 1, 1904, in
former Water District No. 39.
4. The Nott #1 ditch second enlargement water right,
decreed for. 0.5 c.f.s. in Civil Action No. 2140, in the
District Court in and for Garfield County, on December 22,
1920, with an appropriation date of September 14, 1909, in
former Water District No. 39.
5. The Nott #1 ditch third enlargement water right,
decreed for 0.5 c.f.s. in Civil Action No. 2140, in the
District Court in and for Garfield County, on December 22,
1920, with an appropriation date of September 14, 1909, in
former Water District No. 39.
6. The Nott #1 ditch fourth enlargement water right,
decreed for 0.54 c.f.s. in Civil Action No. 4004, in the
District Court in and for Garfield County, on September 5,
1952, with an appropriation date of October 15, 1942, in former
Water District No. 39.
7. The Nott P2 ditch water right, decreed for 0.8 c.f.s.
in Civil Action No. 473, i.n the District Court in and for
Garfield County, on April 30, 1892, with an appropriation date
of September 29, 1890, in former Water District No. 39.
Including any and all easements and rights of 'way associated
with or used in connection with the above-described water
rights.
•
• •
EXHIBIT F
April 30, 1982
Board of County Commissioners
Garfield County
P.O. Box 640
Glenwood Springs, CO 81602
Gentlemen:
The purpose of this letter is to authorize Mark Lee, Trustee,
to proceed on both his and my behalf to seek a subdivision exemp-
tion for the property referenced in the attached Receipt and
Option Contract. This property is currently owned by me, and
the parcel to be severed from our land and included in Mr. Lee's
property is under contract to Mr. Lee subject to approval of
the severance and inclusion by Garfield County.
I also wish to inform you that no leachfield exists on nor
drains onto the property to be severed.
/sky
Attachment
M H