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HomeMy WebLinkAbout3.0 CorrespondenceJOHN R. SCHENK DAN KERST WILLIAM J. DEWINTER, III SCHENK, KERST & DEWINTER ATTORNEYS AT LAW CENTRAL BANK BUILDING SUITE 310, 302 EIGHTH STREET GLENWOOD SPRINGS. COLORADO 81601 TELEPHONE: 1303) 945-2447 TELECOPIER: (303) 945-2977 May 22, 1989 Lir7;17 r7W? E. MAY 221989 Cihra tLLD k;WINTY Mr. Mark Bean, Director Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: THOMPSON-ICE SUBDIVISION, CARBONDALE, COLORADO STRONG DEDICATION Dear Mark: I represent Steve Thompson and Don Ice, who have filed a Subdivision Application with the Town of Carbondale for the property known as Lot A of the Ice -Thompson Minor Subdivision. I enclose herewith a copy of a Quit Claim Deed from the Wyckoffs to Ice and Thompson of a non-exclusive access easement and right-of-way for ingress and egress to the subject property. I enclose a copy of a portion of the proposed Subdivision Plat which depicts the easement and right-of-way as a Street and Utility Easement. The Town is reluctant to accept the Ice/Thompson access easement and right-of-way as granted by Wyckoffs and is requesting a dedication of the street and utility easement from Strong. The problem which we have discussed is that the Strongs recently obtained a Special Use Permit for a Guest House on their property. The granting of the Special Use Permit was based upon the Strongs having three acres which they obtained by a Lot line adjustment with the Colorado Rocky Mountain School property. The question is whether or not the Strongs' dedication of the Street and Utility Easement would in any way jeopardize their Special Use Permit from the County, if the dedication resulted in the Strongs' net acreage being less than three acres. I understand that you will present this question to the County Attorney for an opinion. As always, we are on a very short fuse and would appreciate an expedited response. Thank you for your consideration in this regard. DK/jj Enclosure cc: Don Ice/Steve Thompson Your$ v- j' uly, RST 11-1 lUJtllrirLi :at 111 R p on ). 37051.; MiLthiED AL5uO{ RECO & GARFIELD QOUNNT d, COLORADO. QUIT CLAIM DEED GAR;1ELu APR 2 3 1986 THIS DEED, made this day of 7' 1986, between BARNEY G. WYCKOFF and JULIE B. WYCKOVF of the County of Garfield and State of Colorado, Grantors, and DONALD J. ICE and STEVEN G. THOMPSON, whose legal address is 1309 Riverview Avenue, Glenwood Springs, Colorado 81601 of the County of Garfield and State of Colorado, Grantees, WITNESSETH, That the Grantors, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is - hereby acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell. convey and QUIT CLAIM unto the Grantees, their heirs, successors and assigns, forever, all right, title, interest, claim and demand which the Grantors have in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows: A non-exclusive access easement and right of way for purposes of ingress and egress to and from that property described in Deed recorded as Recep- tion No. 356102 in Book 657 at Page 507 of the Garfield County records, which easement and right of way is described as follows: A tract of land situated in Lot 11, Section 33, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, and being more particularly described as follows: Beginning at a point on the Westerly right of way line of Garfield County Road No. 106 whence the intersection of Fourth and Main Streets in the Town of Carbondale, Colorado bears S 87°09'01" E 4103.43 feet; thence N 89°26'00" W 64.50 feet; thence N 53°51'26" E 38.80 feet to a point on said Westerly right of way line; thence S 54°39'00" E 40.66 feet along said Westerly right of way line to the point of beginning, containing 748 square feet more or less. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto apper- taining, and all the estate, right, title, interest and claim whatsoever of the Grantors, either in law or equity, to the only proper use, benefit and behoof of the Grantees, their heirs and assigns forever. IN WITNESS WHEREOF, the Grantors have executed this Deed on the date set forth above. STATE OF COLORADO SS COUNTY OF GARFIELD Jul ig B. Wyckoff ' The foregoing instrument was acknowledged before me in the County of ;f' rfi,l ., State of Colorado, this r3�'� day of (�,p�, 1986,by Q' . •''Barnby #:•,,Wyckoff and Julie B. Wyckoff. , `r �1 } s;.WITNESS my hand and official seal. r" . r Icy commission expires: / -QS-90 11 Of••Cu`�e, Notary Public VISION COLORADO 0-4.00 A H n Lo• 2 8133 s9 {q1+ -q8' C - Gy 09 ykdfacL L are_0._-, L -3 2g8 5.�� .t 0 0 O 0 0� 3.3.7 4-/9.0'7' s89 2. 'oo"tom__ je, Cee _c) 36V \y 3 Q -mak_ .13odc-G8 7/ e 283 s 8q°z6'oo.• t. - - 584°2-6‘00v_-_ 113.5?' 10'-!. CI • i3, S-7 q scb- *..± 06 20 I5 10 ? n AA ( bp_p-YSV•_ow8qyQn� 0.Y2 YQ1QL �5`7' to¢eeyi Y Q)c- `44 - Sk . u . /Lye. a AwQ .) To w $4- Ccs. c' Yu-kca e11 C -o �c��i_4 car sew Q A CI ,� �� t s Ic_oLc in co 0 `787:".2__G'30"1-=_ A -W t. t C:O‘O'{ 7-4 _k 1 1 ----�� S'EA 0 April 11, 1986 • • Mr. Glen Gartman 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Ice/Thompson Subdivision Exemption Dear Glen: y� . i 1. -��� E APR 14 1986 i GARt-IELD COUNTY Mr. Steve Thompson was present at the June 25, 1985 Town of Carbondale Board of Trustees meeting in order to request out-of-town residential water taps for the above captioned project. The Town Board granted the water line extention and two 3/4" residential out-of-town water taps at the current tap price at the time of purchase. A copy of the minutes is attached. Regarding the public access situation along the Crystal, let me know what the County Attorney will require regarding documentation and proof of acceptance, etc. I assume the property should be dedicated to the Town because of the liability issue. Call me at 963-2733 if you need to discuss this matter. Sincerely, Mark A. Chain Town Planner Town of Carbondale MC/ry 7C So.1nd Carbondale, Colorado 81613 303.963.1733 • • June 25, 1985 to appoint Larry Pexton to the board. The motion was seconded by John Foulkrod and passed with: 5 yes votes: Ferguson, Smotherman, Foulkrod, Gray Green 2 absent: Natal, Busby REQUEST FOR OUT OF TOWN WATER TAP AND WATERLINE EXTENSION-- APPLICANT-ICE/THOMPSON: Steve Thompson was present requesting an extension of the Town's 6" water line and two residential outside water taps, to supply water to the Don Ice/Steven Thompson property located south of Ct. Rd. 106, adjacent to the Crystal Village PUD. Ice and Thompson have applied with Garfield County for a subdivision exemption to divide the property into three 2 acre parcels with an additional 1 acre parcel to be annexed into the Town at a later time. The County has approved the exemption contigent upon the Town of Carbondale accepting the 50' easement along the river for public access. John Foulkrod made a motion to grant the water line extension and 2- 3/4" residential out of town water taps at the current tap price at the time of the purchase, and contigent upon dedication to the Town of a 50" public access easement along the Crystal River. Larry Green seconded the motion and it passed with: 4 yes votes: Gray, Green, Foulkrod, Ferguson 1 abstain: Smotherman 2 absent: Natal, Busby REQUEST FOR REDUCTION IN DUMPING FEE FOR THE TOWN OF BASALT "CLEAN UP DAY" --APPLICANT - TOWN OF BASALT: The Town of Basalt is requesting a waive of fees at the dump for their "clean up day", totaling $70.00. John Foulkrod made a motion to give the Town of Basalt a 50% reduction on their bill. The motion was seconded by Frank Smotherman and passed with: 5 yes votes: Smotherman, Green, Foulkrod, Gray Ferguson 2 absent: Natal, Busby REPORT ON THE MEETING WITH GARCO. COMMISSIONERS ON PILT/MINERAL LEASING FUNDS: Davis reported that the Town of Carbondale would be entitled to $15,200.00 from the PILT (payment in lieu of taxes). The Garfield County Commissioners are requesting that the Town sign a Memorandum of Understanding that if the PILT funds are terminated by the federal government, or that the • Mark Bean March 24,1986 Glenn Hartman Garfield County Planning Department 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Re: Ice/Thompson Exemption Dear Mark & Glenn, This will confirm our telephone conversation of 3/24/86. At that time I advised you of our progress with the subject exemption and asked for an additional time extension. For your and the commissioners information, I have below summarized our activities to date, our future plans, and our time schedule for finalizing this exemption. As of this date we have completed our survey with the exception of the entrance easement. By way of this survey, we found that we did not have ownership of the 50 foot access that you required for conditional approval. We have negotiated with an adjacent property owner and believe we have reached an agreement that would give us a total of approximately 43 feet for access. Due to this condition, we are requesting that the 50' requirement be reduced to 40'. We have touched base with the Town of Carbondale planner and have advised him of our problem and plan to remedy the situation. We are working with Lines In Space and Dan Kerst to finalize this easement and anticipate it being completed by as early as 3/28/86. Upon this problem being remedied, we anticipate having a final plat to your surveyor for approval within one week. Gentlemen, we appreciate your patience and the help that you have give us to date. Since we are close to finalizing this and, in fact have one of the parcels sold, we are very interested in expediting the completion of this exemption. If you have any questions or comments that may be of help to us we would sincerely appreciate hearing from you. 7b s eg 4 /2 a' b -J . Steve Thompson 0315 Westbank Rd. Glenwood Springs, Colorado 81601 .3/3,7T6 November 19, 1985 Glenn Hartman, Planner Garfield County Planning Department 109 8th Street Suite 303 Glenwood Springs, CO 81601 Re: Ice/Thompson Exemption - Time Extension Glenn: land design partnership (5D;% This is in response to the letter you sent our office regarding the Ice/Thompson Exemption Request. At this time, we are moving forth with the project and would like to request an extension of time so that we may clarify some critical issues that need resolving. The most critical issue that remains unsettled is the question of access to the subject property. The owners, Don Ice and Steve Thoiupson, are negotiating with an adjacent property owner in regard to the access question and are in hopes of resolving the issue in the very near future. As a result of the time needed to rectify this issue, we are requesting a time extension of 120 days. Once these concerns have been clarified and resolved, we will submit an amended exemption plat for review, that will address this and the other conditions that are pending for final approval. Thank you for your interest and patience regarding the exemption request. If we can be of further assistance, please do not hesitate to contact our office. Sincerely, John L. Taufer JLT:cam cc: Steve Thompson Don Ice NOV2 01985 L_ pLANNR �;ARF1ElD CO. P.O. Box 517 • Glenwood Springs, Colorado 81602 817 Colorado, Alpine Professional Building, Suite 102 (303) 945-2246 • • GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING / ENVIRONMENTAL HEALTH / BUILDING: 945-8212 June 20, 1985 Land Design Partnership P. O. Box 517 Glenwood Springs, CO 81602 Attention: John Taufer Dear John: In response to your request, enclosed is a complete listing of the conditions of approval for the Ice -Thompson Exemption Request. This listing includes all changes adopted at the time of the hearing and conditional approval on June 17, 1985. Condition 2.E. addresses the public access easement requested by the Town of Carbondale. The condition contains the stipulation that the easement only be required if the Town of Carbondale accepts the responsibility for it. Proof of a true conveyance of the easement to the Town of Carbondale, in the form of a recorded deed, will be required. Please nate that the deed should be limited to the easement and not result in the conveyance of any property. If the Town of Carbondale is not willing to formally accept the proposed easement, then based on the Board of County Commissioners' conditions of approval, no easement would be required. The remaining conditions should be relatively information on the 100 year floodplain is available and the water tap and school impact requirements for by the Town of Carbondale following annexation. All conditions of approval need to be completed submitted no more than 120 days from the date of This requirement would give you until October Extensions of this limit can be requested. If you have any further questions or concerns, please Sincerely, 9-- ?fes clear, noting that through this office Lot A will be handled and an exemption plat conditional approval. 15, 1985 to comply. Glenn Hartmann Planner GH/emh encl. GARFIELD COUNTY COURTHOUSE 109 8TH STREET contact this office. GLENWOOD SPRINGS. COLORADO 81601 • Li-ON0ITIONS OF APPROVAL ICE-TH[ 1FSON EXEMPTION REQUEST 1. That the following piat notes be included on the recorded exemption plat: A. No additional itotts nay be created through the exemption process. D. Engineered foundations will be required. C. All building sttes are to be located outside of the 100 year floodplain with a minimum setback off the bluff overlooking the Crystal River, equivalent to the vertical distance above the floodplain. D. No building permits will be issued for Lot A prior to annexation by the Town of Carbondale' Development of Lot A will be subject to obtaining water taps and payment of school impact fees with the Town of Carbondale. 2. That the following changes be included on the final plat: A. The utility and access easement be a minimum of 50' in width and be shown on the plat. B. The utility easement and lot line north of Lot B be corrected to provide adequate access to the lot. C. The alignment of the access road's intersection with County Road 106 be as close to 90" as is possible and be approved and permitted by the County Road and Bridge Department. D. The 100 year floodplain be shown on the plat. E. That a public access easement along the Crystal River beginning at and extending east from the normal high water line with a minimum of 50' in width be required only if the Town of Carbondale accepts responsibility for it. 3. The applicant shall make application and recieve approval of water taps for Lots C and D from the Town of Carbondale prior to any final approval by Garfield County. 4' $400 in School Impact fees for the creation of 2 new lots needs to be paid prior to final approval. 5. All representations of the applicant, either within the application or stated at the hearing before the Board of Countv Commissioners shall be considered conditions of appr�val' June 11, 1985 • ONGINEERS & CONSTRUCTORS l SCHMUESER Mr. Davis Farrar, Mayor Town of Carbondale 76 South 2nd Carbondale, CO 81623. RE: Ice/Thompson Property, Waterline Extension Dear Mr. Farrar: The purpose of this letter is to request an extension of the Town of Carbondale water system to supply water for the Donald Ice/Steven Thompson property. This property includes approximately 7 acres, located south of County Road 106, adjacent to the Crystal Village PUD. The owners are applying for a subdivision exemption through Garfield County to divide the property into three 2 acre parcels, with an ad- ditional one acre parcel to be annexed into the Town of Carbondale. The enclosed plan illustrates the proposed improvements to supply water for the property. I would appreciate a review of this information by the 'Ibwn Council to allow extension of the water system. If you have any questions or require additional information, please contact me. Sincerely, Peter B. Enclosure bm XC: Mr. Stan Wallis, Public Works Director Mr. Ron Leach, Fire Chief, Carbondale Fire Dist. Mr. John Taufer, Land Design Partnership • SCHMUESER & ASSOCIATES, INC. 1512 GRAND AVENUE, SUITE 210 • GLENWOOD SPRINGS, COLORADO 81601 • (303) 945.5468 • June 7, 1985 Mr. Robert Richardson, Chairman Garfield County Board of County Commissioners 109 - 8th St., 3rd Floor Glenwood Springs, CO 81601 Dear Commissioner Richardson: JUN 101985 CARFIELU CU. PLANNER The Carbondale Planning and Zoning Commission was referred the Ice/ Thompson Subdivision Exemption by the Garfield County Planning Department and discussed this proposal with the applicant at our May 30th meeting. After careful deliberation, we recommend approval of the proposal with the following conditions: 1. That the width of the access easement be 50 ft. wide at the intersection of the access easement and the County Road 106 Right -of -Way. 2. That the access easement have an intersection at 90 -degrees with the County R.O.W. , if at all possible. 3. That a cul-de-sac be required if there is to be any development at a higher density tharh is presently being proposed for lots B, C & D (one unit/2acre). The Carbondale P & Z feels a cul-de-sac is not required for 3 units developed at this density. 4. We also ask that the County Commissioners require the applicant to provide a public access easement along the Crystal River - running from the normal high water line to a point 50 ft. above the high water line. I would like to call special attention to this public access easement. The Town of Carbondale has had a long standing policy of requiring either the dedication of riverfront property or an easement along the river whenever there has been a development proposal abutting the Crystal River. The Town currently has dedicated parkland or an easement from the Ice/Thompson property to the southern Town limits. (through Crystal Village, Crystal Acres and the Gray Ranch). Arrangements are being made with the Colorado Rocky Mountain School and the Snobble family, who own property to the north of the applicants, for a continuation of the easements along the Crystal. 7C So. lad Carbondale, Colorado 81115 303.983.1733 • • Mr. Robert Richardson, Chairman Garfield County Board of County Commissioners June 7, 1985 Page Two The goal is a trail/recreational system along this length of the Crystal. It would be unfortunate for such a trail system to be interrupted. Thank you for giving us the opportunity to review and comment on this proposal. We look forward to continued cooperation, both in this matter and in any future proposals that may affect Carbondale. Sincerely, Town of Carbondale Ken Olson, Chairman Carbondale Planning & Zoning Commission /mac Recorded eta:. Q......o'clock....A.....M., J.alltlary....2.6 •965 Book 363 Reception No. 7 1: 1r.�1sn.S.a....r�.....d1l:F;c3Il Recorder. Page 295 • . - THIS DEED, Made this 25th day of January in the year of our Lord oi'.e thousand nine hundred and Sixty-four between RAY R. FENDER and LOIS J. FENDER of the County of Garfield of Colorado, of the first part, and WILLIAM C. METHVEN of the County of Denver and State and State of Colorado, of the second part: WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of Ten Dollars and other valuable considerations to the said part ies of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said party of tho second part, his heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfie Id and State of Colorado, to -wit: A tract of land situated in Lots 14 and 15 of Section 33, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying easterly ofthe center of the Crystal River, described as follows: Beginning at a point on theSoutherly line of a county road as constructed and in place, whence the survey monument in the interseccian of Fourth and Main Streets in the Town of Carbondale, Colorado, bears S. 87°26'30" E. 4144.11 met; thence S. 00°28' W. 149.85 feet; thence S. 81°55'25" W. 97.65 feet; thence S. 01°53' E. 254.57 feet; thence S. 51°08' W. 61.71 feet; thence S. 65°09' W. 18.37 feet; thence S. 76°41' W. 18.89 feet; thence N. 84°29' W. 39.91 feet; thence N. 70°10' W. 74.51 feet; thence N. 64°32'20" W. 335.44 feet; thence S. 45°50' W. 183.85 feet to a point in the center line of said river; thence N. 34°53'40" W. 255.45 feet along the center line of said river; thence N. 08°00' W. 230.55 feet along the center line of said river; thence N. 89°28' E. 790.54 feet; thence South 20.60 feet; thence S. 89°26' E. 104.92 feet along the Southerly line of said road to the point of beginning: The above-described tract of land contains 7.42 acres, more or less, Reserving, however, to the grantors, their heirs, legatees, devisees, personal representatives and assigns, the following: 1. All water and water rights, ditch and ditch rights used upon or appurtenant to the lands above described. 2. Reserves an undivided one-half (2) of all oi,l, gas and other hydrocarbons,wit ;--out:-any right of access to the surface to drill for and remove the same. A right-of-way or easement for a waste water ditch to the Crystal River and the right to waste water in said ditch from lands of the grantors located to the East and Southeast of the lands above described, said ditch (or pipeline) to be located at grantee's expense along the eastern boundary of the property herein conveyed running generally southerly to the Crystal River, or on such other course as may be agreed upon between the parties. The property above conveyed is conveyed upon the limitation which shall be deemed a covenant running with the land, that it will be used for residential purposes only, and that no trailer or trailers shall be parked on the premises or any portion thereof. Grantors covenant that the same limitation shall apply to their lands not herein conveyed lying within one hundred (100') feet of the east and southeast of the property herein conveyed, provided, however, thi$ limitation shall not preclude any present use of the grantors' property. TOC: 3 tae hare."'.':_:.:;.;,:: and _ .-,urtenances thereto belonging, or in anywise apperta:.. .d .._.3 r...._.,: rs rents,issues and profits d �- the.c.; .... all the estate, , t of ...,: _..:d part les of the first part, either :a law or equity, . an ....: her,:,::...ments and appurtenances. 16, J„mpany, 1824-46 Stout Street, .. • .r p • A. -• 0 -Bopk 36;;, Page 29 1 • TO HAVE AND TO.;iQLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said part ies of the first part, for them selves their heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said part y of the second part, his 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 patent reservations contained in the original United States land patent for the above and other lands, easements or rights-of-way of record or in use, and taxes for 1964 payable in 1965 which grantee assumes and agrees to pay. and the above bargained premises in the quiet and peaceable possession of the said part y of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part iesof the first part have and seal s the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, Iss. - County of Garfield -- ;The'foregoing instrument was acknowledged before me this 25th `A: D19 64:. ,by - Ray -R. -Fender and Lois J. Fender 1iN(lii,llll,., - p ';,0',111yccm2nisyign expires , 19 . Witness my hand and official seal.- +.\\,-).; ''././'•••, \U f - -r 1;,fl 11 467 ..__.://'---� Q c \A , , • . _ Gi.: .4: .ti. -i 11.1:-,. -c.: 4 ...... r -c:,,—/›. --fl- -,,-,1 E. , • \ - - Notary Public. OF CO , (r .` . -,,, r r_ hereunto set their hands ende' V'"4 [SEAL] f .±' is J. lt, nder [SEAL] day of January [SEAL] O z -r, ., r O STATE OF COLORADO, County ofd" RR ELD I hereby certify that this instrument was fil 1 for record in my offi e.this day (` l ),x'"1 , A. D. 19 , M., and duly recorc' bf 5 O a g . y en 0 ooo tfTI a e 2 0 00 RECEIVED NY L `� CARBONDALE FIRE PROTECTION DISTRICT 300 Meadowood Drive Carbondale, Colorado 81623 (303) 963-2491 May 20, 1985 Mr. Peter Belau Schmueser Associates 1512 Grand Avenue, Suite 210 Glenwood Springs, Colorado 81601 Dear Mr. Belau, ni�� ? ?ti v` -27,1c7 -11I r' JESEii & �Jl�rst-'l As you requested, I have reviewed the site plan and the engineering report on the Ice -Thompson Sub -division located off of County Road 106 in Carbondale, Colorado. I would offer the following comments to you regarding fire protection to this sub -division. Access to the subdivision appears to be adequate for fire appar- atus. The response time from the Carbondale Fire Station is approximately eight to ten minutes. The proposed hydrant, located on a six inch water main from the Carbondale system will make available adequate fire flow to protect the houses within the sub -division. The hydrant should be centrally located within the sub -division and kept accessable year round. The hydrant should be equipped with one 41 inch and two 211 inch discharge fittings. All fittings to be national standard threads. If you have any questions, feel free to contact me at 963-2491.. Sincerely, Ron Leach CARBONDALE & RURAL FIRE PROTECTION DISTRICT Chief RL:vb