HomeMy WebLinkAbout2.02 BOCC Staff Report 07.18.1996• •
ADDENDUM
TO: Board of County Commissioners
FROM: Planning Department
RE: English Subdivision Exemption
DATE: July 18, 1996
d(zilei /NJ ;.(/
The English's have petitioned the County for an exemption from the definition of subdivision,
requesting a total of two (2) additional lots be created from the existing, 2.76 acre tract. Due to
certain zoning criteria concerning community water systems and the use of ISD systems, the minimum
lot size allowed is one (1) acre (Section 5.04.03), regardless of the minimum lot size of 20,000 square
feet allowed by the R/G/SD zone district.
With these factors in mind, the English subdivision exemption request has been previously postponed
to allow the County time to consider the adoption of a change to the Subdivision Regulations,
essentially adding a Minor Subdivision procedure to the existing regulations. The need for the Minor
Subdivision, in this case, would have allowed the petitioners to add additional land to their existing
tract, which is not allowed for the exemption procedure and, upon application for a Minor
Subdivision and approval by the Board, could have resulted in the creation of the additional lots being
requested. No Minor Subdivision procedure has been approved by the Board, to date, and it would
appear that this procedure is not currently being considered.
With these facts in mind, and with the earlier determination that the majority of this exemption
request is consistent with applicable regulations, staff recommends that the Board grant approval of
one (I) lot, at least one (1) acre in size, pursuant to the conditions within the staff report. Staff notes
that if the applicant is still contemplating the creation of all proposed parcels, then staff suggests the
applicant withdraw the exemption request and apply under the Subdivision Regulations or perhaps
apply for a PUD. The PUD process, due to its provision for an applicant to essentially write his or
her own zoning, may allow the requested lots on the 2.76 acre tract if it can be demonstrated that all
state -mandated ISDS setbacks can be met.
• •
BOCC 12/4/95
8/5/96
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Mark & Melissa English
LOCATION:
A portion of land located in Section 2, T6S,
R89W of the 6th P.M.; approximately two (2)
miles east of Glenwood Springs in No Name.
SITE DATA: 2.76 Acres
WATER: Water shares to be purchased from the No
Name Creek Water Association.
SEWER: Individual Sewage Disposal Systems
ACCESS: Direct access from CR 129; easements for lots
to be created.
EXISTING/ADJACENT ZONING: R/G/SD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The property is located in an area that is not adequately addressed in the new Comprehensive
Plan, for Study Area I, Land Use Districts Maps, therefore, given the size of the lots and the
sizes of the surrounding lots, the proposal is not out of character with adjacent land uses.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The property is located in No Name adjacent to the western
property line of Rock Gardens. The tract is a long, relatively narrow rectangle
consisting of 2.76 acres, oriented north -south, which fronts on No Name Lane and
runs almost to the Colorado River. The property slopes very gently and evidence of
an old apple and cherry orchard is seen throughout the central and southern portions
of the property. The Brown -Monroe Ditch traverses the tract from the northeastern
corner to the southwestern corner and many large stones are scattered over the
• •
central and southern portions of the tract. An existing home and yard occupy the
northern third of the lot. See vicinity map on page
Adjacent Land Uses: Rock Gardens, located immediately east of the property, is a
characteristically dense mobile home and single-family dwelling subdivision and the
surrounding area consists of generally small parcels (0.25 to 1 acres in size) consisting
predominantly of single family homes.
Proposal: The proposal specifies the subdivision of the 2.76 acre tract into three (3)
parcels of approximately 0.90 acres each, in size. The applicant currently resides in
the existing home and would like to create the two (2) new lots in an effort to build
a new residence on one of the newly created lots. Two (2) easements are shown on
the sketch map, one that will provide access to the lots to be created the other would
provide access to a neighboring property, presumably to allow subdivision of that
property. See sketch map on page
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations state that "No more than a total of four (4) lots, parcels, interests or
dwelling units will be created from any parcel, as that parcel was described in the
records of the Garfield County clerk and Recorder's Office on January 1, 1973, and
is not a part of a reco,ded 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 right-of-way or natural feature, such parcels
thereby created may, in the discretion 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;"
A lengthy title search has been submitted with this application and it appears that the
property in question was originally part of a five (5) acre tract no later than 1948.
Since then, at least two (2) easements have been granted and, in 1965, it appears that
approximately two (2) acres were subdivided from the parent tract, leaving the size
of the property in question at 2.76 acres. The applicants then ac uired th property
from the estate of an earlier owner in 1980. See deeds on pages 1 • 1 .
B. Zoning: The property exists within the R/G/SD zone district which designates a
minimum lot size of 20,000 square feet. All proposed lots are larger than this
minimum requirement. According to Section 5.04.03 of the County Zoning
Resolution, if water will be supplied from a central system (as in this case) the
minimum lot size requirement for the use of ISDS is one (1) acre. Therefore, given
the aggregate size of the parent tract, only one (1) additional lot could be allowed to
be created.
• •
Water: The applicant specifies the purchase of additional shares of water from the No
Name Creek Water Association (NNCWA) as the water supply for this proposal. An
attached letter (page 11 ) indicates that the water association has water available
and will supply the required water. It appears that two (2) shares per lot are
necessary, one share for a domestic water supply, the other for an irrigation water
supply. Apparently, NNCWA has a water right of 2.08 cfs, the equivalent of 933
GPM.
D. Sewer: The applicant proposes the use of individual sewage disposal systems for the
lots to be created. Soils on-site, according to the Soil Conservation Service, are of
the Ascalon -Pena complex, generally deep and well -drained. Building site
development and use of ISDS on these soils carry moderate to severe ratings,
generally due to the presence of large stones. Staff recommends a plat note be
included to address these potential limitations.
E. Access: The lots to be created are proposed to be accessed via a 20 foot wide access
and utility easement which would extend along the eastern property line.
Furthermore, the applicant has indicated this easement would also provide an
emergency access to the central portion of the Rock Gardens property. Apparently
the applicant has discussed this proposal with the Glenwood Springs Department of
Emergency Services and Rock Gardens and it appears all parties are in favor of this
additional, emergency access. Additionally, staff recognizes this emergency access
as a proa:;tive step in addressing a potential problem as not only would access be
upgraded, but an additional fire hydrant would be supplied on the applicant's property
adjacent to Rock Gardens. Another easement for access is proposed on the sketch
map, which would provide�ccess to a portion of the neighboring (westerly) property.
See sketch map, page b
F. Fire Protection: The Glenwood Springs Department of Emergency Services has
commented on this proposal, essentially stating that if this proposal is approved, it
would help the Department provide emera ncy services to Rock Gardens and
approves of the project. See letter, page . Staff recommends the applicant
follow all suggestions from the Department regarding access requirements.
Furthermore, a plat note should be included to address wildfire mitigation.
G. School Impact Fees: The applicant will be required to pay $200 in school impact fees
for each lot created.
H. Easements: All required easements (drainage, access, utilities, etc.) will be required
to be shown on the exemption plat.
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
• •
That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. That for the above stated and other reasons, the proposed exemption is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
V. RECOMMENDATION
Due to the County Zoning Resolution's lot size requirements concerning on-site use of ISDS,
staff recommends APPROVAL of one (1) lot at least one (1) acre in size, subject to the
following conditions:
That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, access to a public right-of-way,
and any proposed easements for setbacks, drainage, irrigation, access or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissionc:s for
signature, from the date of approval of the exemption.
That the applicant shall submit $200.00 in School Impact Fees for the creation of the
exemption parcel.
5. That the applicant apply for and receive the necessary "shares" of water from the No
Name Creek Water Association and provide for the infrastructure necessary to
provide sufficient water to the exemption parcel, prior to authorization of an
AC70
exemption plat.
That the following plat notes be included: 4 S p - - •
`ATE. /v'rivi0,AA(, 4(.--)rvt2s se -IA �� ALL, 0"blI (IotAS wG6Q4't-' r(
"Soil conditions on the site may require engineered septic systems and building )» E«EW
foundations. Site specific percolation tests at the time of building permit submittal
shall determine specific ISDS needs on the site."
"The minimum defensible space distance shall be 30 feet on level terrain, plus
appropriate modification to recognize the increased rate of fire spread at sloped sites.
The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety
Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to
determine defensible space requirements for the required dAnsible space within
wilding envelopes in areas exceeding five 5 L) p erce id'e'�"
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0 NO. 3082
Ig6
_ T O
THE FOLLOWING DESCRIBED REAL ESTATE
SITUATED IN
GARFIELD COUNTY, COLORADO
A tract of land situate in the Southeast corner of the NE'SW; of
Section 2, Tp. 6 S., R. 89 W., of the Eth P.M., bounded on the
North by the South line of former State Highway (said Highway
location being approximately that of present U. S. Highway No. 24),
on the East by the tast line of NE1Sw14 Section 2, on the Snuth by
the Soulh line of the NE SWs Section 2, and on t`e West by a
parcel of land conveyed to Georgia 0. Pratt by Document recorded
January 28, 1965 in Book 363 at Page 370, Documeut No. 228534.
THE GARFIELD COUNTY ABSTRACT COMPANY
GLENWOOD SPRINGS, COLORADO
Licensed and Bond.d 'Under the L.wi of Colorado
ESTABLISHED 1887
:-n-c.. x."., '.o... � ...r i .<. >•ao.�.v.-r.�.aoc.:to-r -e-r:. r rR:,. i. �.ra i �.. r,,:�...< 1 , w. c. _
i r i (S i r I c r l a �. rti I �� jir l i i l (�! % (� r%( 1 (i i� (.S c •) I (� r i' ..:. j i, ri': S r�
�.,..1 �,��� ..I S r.eri�
Cert1614401 (continued)
1o4122
, • , v•t, .• • ' . ' • .;,., r Al Co P.,
• • .; •1 • , • ..1.14ib
(a) To my Grandson, Frank L. Pratt, cash in the sum of :..5)0.00
and the 1/4th of my oil royalties from what is known as the Wil-
son Creek id.
(b) To my Grandson,. Laurence Pratt, the sum of 000.00, and
the lAth of my Oil Royalties from what is known as theWIlson
Greek Yield.
(c) To my Daughter -in -Law, Georgia 0. Pratt, the sum of :500.00
r.nd Bond No. 2570 of the Southern Illinois & flissouri Bridge Com-
pany, par value, 61,000.00, and two shares of Public Service Com-
pany of Colorado, 5 stock.
(d) To r.iary Ruth Pratt, wife of my Grandson Laurence Pratt, all
of my Illinois Power Cpmpany Stock.
(e) To my niece, Lillian Howardsen, of Chicago, Illinois, ',;200.
(2) After the payment of expenses and debts ' and distribution of
the foreoin.; specific bequests, I dir2ct that all moneys or pro- ,
perty of whatsoever kind or character remaining in my estate, shall
be distributed to and b(:come the property of my son, LeRoi Pratt,
to Le his .,bselutely and without reservation.
1 hereby constitute and appoint my son, LeRoi Pratt, toe the
executor of Lids, my Last, Will and Testament, and request that he
be not required to live bond for the performance of his duties as
such executor.
in ii.tneL;s Wh..reof 1 have hereunto set my hand this 6th day
of December, . D. 1944. Nellie M. Pratt
testatrix
de, the unc,ersined witr:esses, do hereby s'cate to e above
and foregoing was subscribed by the said heilie i. Pratt,
Testatrix in the presence of each of us; that at the time of sub-
scribinL; said Will, the s,ii Testatri:: did declare ore said Will
0, be hor Lost Will and ILi cock of us, at tbc request
uf :e:trix and ib bur presence and in the IreLence of each
theH2 1:L.nd as witnesses thereto.
:1. J. :ayes
Albert E!0/1
i4yrta Lee i,ayes.
Yiltd for record June 25, 1947 at 2:10 o'clock P.M., and
recordei in book 227 ht pae. 228 thereof.
oo
Loi rot
WARRANTY DEED - JOINT TENANTS
To Dated Larch 1, 1948
Acknowled.:e .,.:arch 2, 194.3 before
John L. Lt1,:, Genevieve L. Dever 1.:arcus J. i.layes, i:ot&ry Public of
Garfield County, iolordo
Consideration
11.00 1. R. S.
Into ;Al., said 1.)rties of the second part, not in ten -
in culi:;..ob but in joint tenancy, 1h(.: survivor of tb,e:a, their
ihi the heirs and assins of ouch sury ivor, forever, all
folLown- cril)ed :roperty, to -wit:
trL..t uf J h.,ntainib 5 acres, 1Lu:;e it tile corner of2•
the Db:;i Tp. 6 2. 1. 89 J. 6Lh 1 bo: ed on the
Ly line or the foraier :1Late flihway LLilway
:-i.r0x1mtely that or ),tasent U.
uu line of said :ec. 2, hi on
link; u;. said :ec. 2, . ch th
(cotintb:,i)
1
• •
7.
Doc.//164122' (i (continued)
West by a line parallel to the East line of said NE 3'/2' of Sec. 2,
at the distance necessary to make the 5 acres. Also an interest
in the Brown and Monroe Ditch, and the J. C. Brown Lateral equal
to t;he amount which would be adjudicated to said land under the la q:
of the State of Colorado, Nein, 1/10 of one cubic foot of water
per second of
1'liis deed is made subject to existing rights of way.
rllca for record March 18, 1948 at 2:50 o'clock F:N., and
recorded in book 234 at pTe 567 thereof.
• ^U_
No. 26
Doc.1i`: ,8534
• •
Tun DEED, Uncle this 270h. day of January
in OA yaar of our Lord one thou■:rd ales I,t.z.iraJ gad Sixty -fly*
batwecu .
GEN VIEVE L. urri JOHN L. DEVER
of the Colony of GARFIELD
of Colorado, or Ilia first part, and
GEORGIA 0. PRArr
and State
of the County of Gar•fi eld and State of Colorado, of the second part:
W 11' N I:SS 1•:111, Thul the said purl! es of the firut part, for sad in console ninon of the aunt of
.. •.r�rmiY�XII.Y
Ten Dollars and other good and valuable considerations
of the second part, the receipt
to the eut.l hurt iea of the dirst pert in bund paid by lgrunted,d •barguined, sold and conveyed, and by these
w Len:af in hereby cunfe-,ed and uekuuwledged, hove grunted,
pre,, els do ate grunt, hurgain, acl1, convey and confirm, unto the said part y ooff land, second Blond[palyinger
being
II i:en s uud u+,igns forever, ell Ole following described lot ur parcel and State of Colorado, to-wit:
1 the Cul,.Ity of Garfield
A tract of land containing, Two (2) acres, situate itt the Northeast Quarter of
iIt:1e Southwest ,ivarter(Nr.„W), rection Two (2), Township Six (6) South, Ran Eo 89
r'•;«::t of t;n' . th. P.M., in Gar-fi,:ld CoInty, Colorado; said bract being describr.d as
�.I 10 103:
,L P.i:-.:.. rt 1, a l,._ ir:t, on :Suutil itiE1,1. of Way liar of S.E. Access Road F”
...est, Gr.
the east litre of tate 1
,saltier• rat-,* W ,);
. i
ortr;eant . uarter
1'.
,Lance of 730 feot to the South line of said f:E4SWt11;
.•.,•ncl: Loot, a JisLanoe of 120 feet alon6 South 1''.no of said LE}S'.ri ;
3. Ti:ence North, a distance of 720 feat to South R.O.W. line of "Access
Road F",
4. Thence '+,est, a distance of 120.2 feet, more or less, along; South
line of said ,...bens Itoad F" to the point of begiroliiS.
i„ls,1 an interest. ' i the Brown ani Monroe Ditch artJ the J. C. Nruwn lateral equal to
pthe anuunt that, ,ruuli be adjudicated to said land under tine laws of Lite State of
IITnlorn,fo, .,tint 1,r25 ;tt.0i) of the cut'_c foot of water per second of time.
r ��
:l1 � � -''''i � : �r;
:tl
:'I' ' •�2.,,1Iili t -:1''''''("1:(11'!7:':1::11:j... ,?'
r`
E I;-: ! r ♦r
r
11 ,, l'.111 lit woo, a3I ur,l .,ngvlur the h,•icditautcnts and appwtrnuurcu thcr'tu bclorgiug, ur in anywiuu
.,,,it:u:,ii,i', and t!.,: I,0,,.,..0 .,.I l',....211.1.0..1,n minder anti r:1, 11'l, -r7, 1,',:In, i:-.:'.uc, u:.1 pr..fils t},creat{ uud all
0' 1, 1e, n;;Lt, Ili'', , 11.;• t,"+f :Iwo, ill d1.111ard whatsoever of tloi said lust 1. U!J of 1i.c lilt pill 1, citaer in law
.,1 Jury, ••f, .n and t.. thr ni .,• Intl Caioc,l lucutc+4w itlt %C 1 1 1111: and uppurt,ur.ccy.
.. n. 103.
Yf,
•
•'N ... �4 N
Book 363 Page 371
TO 1iAVE AND TO ..OLD the said premises above bargained and dcse ribed, with the appurtenances, unto the
said part y of the second part, her heirs and assigns fc:ever. And the said part jes of the first part,
fur t.heniselveer th51r heirs, executors, and administrators, do covenant, grant, bargain
and agree to and with the said party 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 tho premises above conveyed, as cf good, sure,
pe,:cct, al:solute and indefeasible estate of inheritance, in law, in fee aimple, and ha ve good right, full power
and :awful authority to grant, bargain, sell and convey the same in manner and farm as ufut esaid, and that the same
aro free ul:d clear from all former ur.J other grants, bargains, sales, Rena, taxes, assessments a:.J encumbrances of
v. hoter,r Lind or nature :never.
Piled for- rocorrl January 2:i, 1965 at 1:10 P.M, in Book 363 at page 370.
aur: tho ul.ovo borgalneed premiaoa in the quiet and peaceable possession of the said party o1 the second part,
I.er heirs and assigns against all and ev.ry persue err perr^ns lawfully claiming cr to claim the whole
r.r any lust thenal, the -aid parties o1 tho first part shall and will 0 -ARRANT AND FOREVER DEFEND.
IN VV'I'17, I':SS VV 11t1!I Ol•', the said parties of the first part ha ve
and :,cul the ray and year first above written.
Si gu.,l, Sraled and Deliver.d in the Presence of
hrrc'anto set their hen'
Kr !t • i<.-.2"<- C�(SEAL]
_.. _. (SEAL]
:STATE, OF COLORADO,
f 58.
Cumhty o1 Cart field I -7-
,4
•
'\�M_'[v tri , �u.(j _..going Iml[umeot vee achnowlodg-cd 1»fore me this ,3 7 e' day of r .'e- .uec /-.-=/•
t .. .jb''. ,AY C.0/10,r1avp L. Dover unrt John L. Davor
cYnr,n]'.
:.[., fLj }:bvf,c4,:;Jca :._plrou .: • / 3 , 1U,, J Witness my hand and official neat.
�' E, •
/
U -acrd: ,
,• 4P.`'• ...:..QG a u rasps.
:--_.,,.,
• •
Attached to and forming a part of
COMI—TMENT No G-04-145-80
Issued by
CHICAGO TITLE INSURANCE COMPANY
The above referenced Commitment is hereby revised as follows:
SCHEDULE A
2. Policy or Policies to be issued:
A. ALTA Owner's Policy
Proposed Insured:
Amount $104,000.00
MARK W. ENGLISH AND MELISSA T. ENGLISH
B. ALTA Loan Policy
Proposed insured:
GERALDINE M. DEVER
SCHEDULE B
Section 1
REQUIREMENTS
Amount $ 77,000.00
:tem ;b)
4. Deed of Trust from Mark W. English and Melissa T. English to the
Public Trustee ,r)f.: County securing Geraldine M. Dever.
T i e...:orseme nt is made a part of the policy or comr'.it hent and is subject to ail the terms and
provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it
.:odifies any of the terns and provisions of the policy or commitment and prior endorsements, if
any, does it extend the effective date of the policy or commitment and prior endorsements or
increase lace acilount thereof.
DATE::
June 27, 1960
Authorl:ec. J.o'•..LO rf
erdorscznent snaa nut be valid ur
b:nom:r,y _:ntil countersigned by un uuti.orized
.ii171G:L.77/.
1�
oI�pRPudGT�`.a .1
CHICAGO TITLE INSURANCE COMPANY
Og,„,
President.
ATTEST:
SeC rl L..ry.
rAj. prg..�
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for
a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and
charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the
time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability
and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy
or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or
policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by
an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become
valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws.
This Commitment is effective as of the date shown in Schedule A as "Effective Date."
Issued by:
COLORADO WEST TITLE INSURANCE
COMPANY
818 Colorado Avenue, Suite 101
P. 0. Box 925
Glenwood Springs, Colorado 81601
(303) 945-2271 or 945-2272
Authorized Officer or Agent
F. 2880
CHICAGO TITLE INSURANCE CO`IP.A Y
ATTEST.
- 13
Secretary.
CT1 RB: 5-1-75
Effective Date: April 11, 1980
8:00 A. M.
2. Policy or Policies to be issued:
V�.y.. .,`. ;..p`w•
OA •• .: "SA'.' ,,y .:9"', a'i,•'.1 J �g _eJ�. �,(�� rti'n.
caguTAI nqurancecomp 1 b
,t COMMA FOR TM:EINSt ft
SCHEDULE A
Case No. G-04-145-80
A. ALTA Owner's Policy
Proposed Insured: To Be Determined
Premium: Owners
Tax Certificate
$354.50
5.00
AmountS 110,000.00
B. ALTA Loan Policy Amount S
Proposed Insured:
C.
Ar -noun t S
3. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at
the effective date hereof vested in:
C. 0. Dever and Geraldine M. Dever
4. The !and referred to in the Commitment is descnbed as follows:
A tract of land containing 5 acres, situate in the SE corner of the
NE;SW, of Sec. 2, Tp. 6 S., R. 89 W., 6th P. M., bounded on the North
by the South line of the former State Highway (said Highway Location
being approximately that of former U. S. Highway No. 24), on the East
by the East line of said NESW1/4, Sec. 2, and on the South by the South
line of said NE;SW's, Sec. 2 and on the West by a line parallel to the
East line of said NE1/4SW1/4 of Sec. 2, at the distance necessary to make
the 5 acres.
EXCEPTING therefrom the lands (two acres) and the ditch and water
right (0.04 of one cubic second foot) described in and conveyed by
deed recorded as Doc. No. 228534 in Book 363 at Page 370 of the
Garfield County records.
AND also excepting therefrom the lands (0.238 acres), less rights
reserved, as described in and conveyed by instrument recorded as
Doc. No. 227359 in Book 361 at Page 411 of the Garfield County
records.
County of Garfield
State of Colorado
2831
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SCHEDULE A - PAGE 1 - NO. Page 1
88�! . „pour_ a ompr.r.
COMM,.cinativree
SCHEDULE B
SECTION 1
REQUIREMENTS
7CMCj�V�ts`",�K�'�
'r' f
G-04-145-80
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit:
1. Certificate of Death showing the death of C. 0. Dever. In the
event that the Death Certificate does not shown the name of the
deceased as C. 0. Dever, than a supplemental affidavit must be
recorded showing that the deceased was one and the same person as
C. 0. Dever, who at the time of death owned the land described
herein in joint tenancy with Geralaine M. Dever.
2. Release of the Colorado Inheritance Tax Lien upon the land described
in Schedule A in the Estate of C. 0. Dever, Deceased, which must
describe the deceased's interest as being in joint tenancy with
Geraldine M. Dever.
3. Warranty Deed from Geraldine M. Dever to party to be determined.
Item (c) Payment of all taxes, charges or assessments, levied and assessed against the subject premises which are due and payable.
Tax Certificate enclosed.
Item (d) Additional requirements, if any, disclosed below:
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SCHEDULE Q - SECTION 1 - PAGE 1 - NO.
288.: ),
Page 2
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SCHEDULE B
SECTION 2
EXCEPTIONS
G-04-145-80
The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of
the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the
premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public
records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent
to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage
thereon covered by this Commitment.
6. Taxes or special assessments which are not shown as existing liens by the public records.
7. In addition, the owner's policy will be subject to the mortgage, if any, noted under item one of Section 1 of Schedule B hereof.
3. Reservations and exceptions contained in the United States Patent to
the described property as granted to John C. Brown dated November 16,
1891 and recorded May 6, 1896 as Document No. 19327 in Book 12 at
Page 421 irlcl„din^.
Subject to the right of the proprietor of a vein or lode to extract
and remove his ore therefrom should the same be found to penetrate
or intersect the premises hereby granted as provided by law.
3. Easement for the Brown and Monroe Ditch and the J. C. Brown Lateral
as it may affect the subject property.
LO. Permanent easement for a domestic water pipe line granted by instrument
recorded as Document No. 227360 in Book 361 at Page 413.
1. Taxes or special assessments which are not shown as existing liens
by the public records, and possible liens, if any, for taxes or
special assessments which are not required to be certified to the
County Treasurer to become liens on the land described herein.
L2. Any unpaid taxes and 1980 taxes, a lien, not yet due and payable.
NOTE: In the event of payment of any unpaid taxes, a copy of the
Tax Receipt must be furnished to the Company prior to the
issuance of any Final Policy.
SCHEDULE 8 - SECTION 2 - PAGE 1 - NO.
2883 P. 9/76
Page 3
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Board of County Commissioners
Garfield County, Colorado
Commissioners,
Mark and Melissa English, of 1276 County Road 129, in Noname
have petitioned the board of directors of the Noname Creek Water
Association for water and the necessary shares to supply a two
lot subdivision on their property. It is the wish of the board
of directors to grant their request and inform you that
sufficient water is available for their project. We intend
to sell them shares in the association for the right to access
that water.
respectfully,
Paul G. Kite
president
11-28-95
• •
DEPARTMENT OF EMERGENCY SERVICES
EMS • FIRE • RESCUE
Mr. Eric McCafferty
Garfield County Planning Dept.
109 8th Street
Glenwood Springs, CO. 81601
Dear Eric,
I have received your letter regarding the English Subdivision Exemption and have indeed
discussed fire protection issues with Mark. He has agreed to install a fire hydrant on the new
roadway. This hydrant's location will be approved by us prior to it's installation. We hope to see
the placement in an area which can benefit both Mr. English's property as well as Rock Gardens
and other surrounding property.
The access to Rock Gardens was a suggestion by our department and I am pleased that it will
be constructed. I have told Mark that the access should be 20' in width to insure that our vehicles
entering as well as vehicles exiting can get through. As far as turn a rounds go, I have not
required any at this Liinc. We are ,xtremcly pleased that we will have fire flows available for the
project as well as the improved access. You can consider this letter to be approval from us for
this project. We would like to inspect the access and new fire hydrant to insure that they are
constructed and operate properly.
If you have any other questions. please give me a call.
�S ce�el,
L"(
Jacl"Jones Asst. Chief, Glenwood Springs Dept.
Of Emergency Services
cc: Mark English
File
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SO' Cooper .Avenue • Glenwood Sprint!s. Colorado 81601 • (3031 945-2575 • FAX (303) 945-2597 --'