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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101(10)(a) - (d) as amended,
and the Subdivision Regulations of Garfield County, Colorado, adopted
September 1, 1972 and amended April 14, 1975, Sections 1.02.17(d) and
3.02.01, the undersigned John Dwire
respectfully petitions the Board of County Commissioners of Garfield
County, Colorado, to exempt by resolution a tract of land,22 acres into
three parcels of 7.3, 7.3, and 7.4 acres.
f
more fully hereinafter described, from the definitions of "subdivision"
and "subdivision land" as the terms are used and defined in C.R.S. (1973)
Section 30-28-101(a) - (d) and the Garfield County Subdivision Regulations,
for the reasons stated below:
Submitted at Glenwood Springs, Colorado, this day
of , 19
Petitioner
STATE OF COLORADO )
COUNTY OF GARFIELD )
states:
AFFIDAVIT
ss.
John I. Dwire, being first duly sworn deposes and
THAT he has been the owner in fee of the SW4SW4, Sectio
2, Township 6 South, Range 92 West of the 6th P.M. for more than
20 years.
THAT to the best of his knowledge and belief the spring
arising on said parcel of land are not subject to claims or
adjudicated water rights of others.
1
.Yohn I. D ire
Subscribed and sworn to before me this r7 day of
✓ ._= rte," 1976.
My commission expires /7 j? Yo .
1Thtary Public
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THOMAS W. STUVER
ATTORNEY AT LAW
P. O. BOX 907
120 WEST THIRD STREET
RIFLE, COLORADO 81650
TELEPHONE 303. 625-1887
November 8, 1976
Mr. Jim Mazuchi
Silt
Colorado 81652
Re:
Dear Mr. Mazuchi:
Adjudication of Springs,
SW4SW4, Section 2, Township 6
South, Range 92 West of the
6th P.M.
You have requested me to examine Garfield County
Abstract of Title No. 759 as certifed to the 10th day of
June, 1969 and the records of the Division 5 Water Engineer
in order to ascertain whether or not certain springs situate
in the SW4SW4, Section 2, Township 6 South, Range 92 West of
the 6th P.M. have been adjudicated. From my examination of
these records, I am of the opinion that no adjudication
which is currently in use and under administration has been
made of such springs. The abstract of title does indicate
that John I. Dwire and Emma Dwire are the record owners of
an unadjudicated right to the seepage, waste and spring
waters that collect in a draw above and to the north of the
above described land. The instruments included in the
abstract do not indicate the exact location of this unad-
judicated right.
Very truly yours,
omas W. Stuvtr
TS/ef
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