HomeMy WebLinkAbout1.0 ApplicationO
PETITIQN for EXEMPTt0N
from SUBD lVtS ION REGULATIONS
of GARF I ELD COUNTY, coLORADo
B
KURT GRONAU
Decembe r 1995
Prepared By:
Michael BIalr, Planner; Glenwood Sprihgs, Colo.
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AGREEMENT
This is an agreement between the Oak Meadows Filing #3 Homeowners' Association
(hereinafter "Association") and Kurt A. Gronau, (hereinafter "Gronau"), the owner of a
cetrain parcel of real property located in the Southeast /c Southeast t/q of Section 21,
Township 7 South, Range 89 West of the 6th P.M. consisting of 40 acres, with a street
address of 0288 Sun King Drive, Glenwood Springs, Colorado 81601 (hereinafter "the
parcel"). The parcel can only be accessed by that portion of Sun King Drive (the "road")
which is privately owned and maintained by the Association. In consideration of Gronau's
use of the road and the dumpster constructed, paid for and installed for the sole use of the
Association, Gronau agrees to the following:
1. Gronau will share in the cost of road maintenance and snow removal (the "costs") for
that private portion of the road within Filing #3 as above-referenced on a pro-rata
basis, as determined by the number of homes within the Association (currently ten
homes) and including the property ad.facent to the parcel, which adjacent property is
now owned by Mr. and Mrs. James Irwin. Accordingly, upon executing thii
Agreement, Gronau shall be responsible for one-twelfth (1/12) of the costs as
Gronau's pro-rata share for the parcel.
2. This Agreement contemplates Gronau's pending application before the County of
Garfield, State of Colorado in the municipality of Glenwood Springs for subdivision
of the parcel into two 2}-acre parcels and Gronau agrees ttrat ttrere will be no further
subdivision of those 2}-acre parcels. The ultimate owners of each 2O-acre parcel
created by such subdivision shall be bound by this Agreement and contribui. on a pro-
rata basis as described in paragraph 1 above for the costs (with each 20-acr. p...f
owner(s) to pay one-thirteenth (1/13) of the costs). Additionally, Gronau agrees that
only one primary residence and one "mother-in-law" unit shall 6e constructed on eachZ0-acre parcel following the subdivision.
3. Gronau agrees to hold harmless the Association from any and all claims from Gronau
and any third parties arising fiom his or their use of the Association's property
described herein.
This Agreement shall be in full force and effect from the date of execution. Gronau
agrees to reimburse the Association for their pro-rata share of the costs since June l,1995 on a basis as set forth above and for a one-time dumpster fee of $250.00, and
$91efo1 shall pay the Association a total of $1,424.60 upon signing this Agreement infull satisfaction of amounts owed through December 31, 1996. Gronau stritt Ue billedafter January l, 1997 for his share of the costs incurred after that date. Although
Gronau may share use of the dumpster, Gronau shall pay for his own trash removal
and refuse service-
4
5 This Agreement shall be binding on the parties' grantees, heirs, successors or assignsand all covenants herein shall run with the land.
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If Gronau fails to perform his obligations or breaches or defaults under thisAgreement, tlen, in addition to alf available remedies under Colorado law, theAssociation shall be entitled to collect from Gronau, his grantees, heirs, successors orassigns, all amounts due plus interest at the legal rate, aliout-of-pocket expenses,collection costs, costs of suit and attorney's feis the Association ieasonautf in.r^during negotiations concerning such default or breach or otherwise incurrei to pursuecollection or other remedies.
DATED /) 3-?b
The Oak Meadows Filing #3
Homeowners Association :
C{,,A -'-,)-.--
KURT A. GRONAI'
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DBpanTMENT or EuERGET\cv srRvrcEs
EMs.FIRE.nEscuE
Memo
To:Mr. Michael Blair
From:Asst. Chief Jack
Date:December 5,lg91
Subject: Gronau proposed Subdivision Exemption
I have received your letter in reference to the Gronau property and I offer the followingcomments for your information:
The property is within the boundaries of the Glenwood Springs Rural Fire protection District andfire and medical response will continue to be provided to tt " area. As best that we can tell, onli.-one dwelling is proposed at this time. Mr. Gronau needs to be advised that if he proposes to
ffiH:f"elop
the property bv adding more homes, provisions of the uniform Fir. coa. may be
These requirements would include prop€r access roadways, road widths, grades and surfaces.Water supply for fire flows would utro U. required.
If you have any questions regarding this information or if the owner would like to discussoptions for fire protection, please give me a call.
cc: Eric McCafferty, Garfield planning Dept.
306 Cooper Avenue ' Glenwood Springs, colorado g160r . (303) 945-257 5 . FAX (303) g45-25g7
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LEAYENWORTH & ASSOCIATES, P.C.
ATTORNEYSATLAW
December 28, L995
,:JAff s .4, i$3d
(I; 111,.: .,. - ' ,
1011 GRAND AVenUE"--'$tlL$;Ty
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LOYAL E. LEAVENWORTH
CAROLYN M. STRAUTMAN
CYNTHIAC.TESTER
LEL:eg
Enclosurescc: Kurt Gronau w/enc.
P.O. DRAWER 2O3O
GLETIWOOD SPRINGS, COLORADO 81602
TELEPHONE: (970) 94$2261
FAX: (970) 9,{$73i16
Mr. Mark Bean
Garfield County Planner
109 Eighth Street
Glenwmd Springs, CO 81601
Re: Gronau Subdivision Exemption Application
Dear Mark:
We represent Kurt Gronau. Mr. Gronau filed an application for a subdivision exemption
regarding his property located in the Southeast Ll4 of the Southeast ll4 of Section 21, Township
7 South, Range 89 West of the 6th P.M. We are writing to supplement the application with
information with regard to the well that will be available for both parcels. Enclosed please find
a Well Completion and Test Report for that welt. The well has a production rate of 15 g.p.m.,
which amount is more than adequate to supply domestic water use for the proposed two lots.
If you need any further documentation in this regard, please let me know.
Very trulY Yours,
LEAVENWORTH & ASSOCIATES, P.C.
BEAN.3LT
DEC.I9-95 TUE I2:07 P}lI SIIELTON DRILLING CO
+ tL (^t
iAx N0, 3039273801ea
SI7:\i'i- OF COLOI(ADC
P, I
OTTICE OT THE STATE ENGINEER
Division <lf Water Resources
Department of Natural Resources
1 31 3 SherFan Slreet, Room 81 B
Denvcr, Colorudo 80203
Phone (303) 86(r-3581
FAX (303) 866-1589
August 8, 1995
Walme Shclton
zllD,llaq Xz
P.O. Bor 1059
Basatt, CO 61621
LIC. 1@5
RE: Monitoring/ObsenatlonHoleNOTICE
Owner: Kurt Groaau
Dlv ! couN'fY Ja-WD -3E-Dear Mr. Sheltoo:
Thank you for your faxed letter of August 7, Lggs, nodryiog this office of your intent to construct the Proposed
monitoring and observaiirrn trole, The fi,le uurnber issuerl by our ofir;e for the silbiect hcle lccatic,L i:i li:it?d below:
MH- -'t6. 8n NE x sE x s€c. zt,rls,R8gw,6th P.I\r-
P:,st-lt'brand lax transmittal memo 7G7l
Sinerely,
Roy Romer "'
Ck)w'mot I
l.rmcs S. Lrrhhcad
Execr,rtivc Direoor
tlnl D. SimFsn
Sr;lac tr8incet
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The construction of the hole must be completed wirbin thrce (3) months of the date of this acknqwlalgemenu
Testing and/or pumping shall not exceed a total of seuen (7) days, unless prior writlel approval is obtained from the Dlvlslon ,
of Water Resources. The water diverted rturing testing sirzitt n-oi be rlsd for benef,cial purPoses. The ou'ner of thc hple, orl
his authorized agent, shall be responsible for obtaining a permit and complytng $,ith all rules and regulations pertaining tor
the discharge of-ftuids produoed Ouring resting. Unless a permit is obtained, the hole must be pluggcd-within one (1) year
after.constiuction. e Wetl Pluggin! Repdrt (formerly Abandonment RePor0 must be submitted within * oTt
I
A *py of your noti€ or this acknowledgement mrst aocomPany the drilling rig. All work must comqly with. 1l: i
$/ater Well Construction Rules. Minimum construction standards (Rule 10) must be met, a variance obtained, or, where I
allowed, information provided slxring why tho lntended use will be in conflict with meeting these *tt1lT.:t"rd11'.. I
Construction details, gtotogrc lop, anl tesi data, in the form of well construction 8nd test rePorts (form GWS-31), mut be I
submitted to this omce wi-ttrin ii*,y (ool rlays of the completion of the work by the ticensed contractor, or authorizctl
i:rdividual. The hole owner should niaintaii records or water quality testing and submit this data to the Division upon
request, or upon plugging of the hole. The aborrc file number, owncfs *tll uamer and omer's name and addrcss mus{ be
pirwirlod on aII urell permit apptications, €ore,trucfion and abardouueoi reports ' 'li
1trr16109 tedgpment of rhis moaitoring and obseryation hole notice dtffis not iurlicate that vell permiB can be aPflov€d-
I;, you have any qritions, please contact this office, or our Division office in Glenwood Springs'
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Steven G. Anderson for
Tamara L Cunningham
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I{H-South.ltr
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;: Division 5
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D.i'lg-95 TUE 12:09 P}rI SHEL N DRILLING CO IA]( t{0, 3 27380 I P.3
FOROFFIGE IJSE OILY
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\FiIELL COMP D TEST REPORT
STATE OF COLORADO'OFFICE OF STATE ENGINEER
1' r/Er-l-PERMITNUMBER:UII-26280
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,:alinjAddr6E :t P. O. Box 23L'l
)f,)',..1r.,zip :Glenwood SpriDgsr Co. 81602
:Lii,'1" : (970 945-7502 lPpRorYrarowsSl€ls
car*:. ?.L TrvP. ZS Range 8991
Sec. Une.And Ft From Sec' Lhe' Or
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Shelton Dflling CotP.
F.o. Aox 1059 Ba.lt' co. 81@1
o MICHAEL BLAIR - Plann
P0 Box 127
eo
15 Dec. 1995 Glenwood Springs, CQ 81602
970) 945-8058
Garfield County
Dept. of Planning 6 Zoning
County Court House
109 8th Street, Rm. 306
Glenwood Springs, C0 81501
RE: Kurt Gronau Subdivision Exemption Petition
Submitted herewith on behalf of the Owner, Mr. Kurt Gronau, are three
copies of the completed application for Petition to Exempt the division ofhis 40 acre Property from compliance with the full provisions of the County
Subdivision Regulations. He wishes to make a simple division of hisProperty
into two 20 acre parcels for separate building sites as illustrated on the
Sketch Map. The Property is located approximately six miles south of Glen-
wood Springs and westerly of the Four Mi Ie Road.
The required list of Review Criteria provides all the requested informat-ion including proof of ownership, eligibility for exemption, source of water,
access and uti I ities. The soi ls information provided by the Soi I Conservation
Service generaly indicates that there are potentialy Isevere" condi tions for
construction and septic tank absorption fields (ISDS) locations. However, the
Owner has recently constructed a residence, an ISDS and a driveway on the
Property by observing particular site conditions and appropriate bui Idingpractices. Good building sites are located on a terrace, orilbench", of lesser
slope and soils severity, and therefore do afford safely buildable sites with
ProPer care in construction. The "newil Lot will use the existing driveway road
and uti I ity easements which have been wel I establ ished.
ly'e would prefer an expedient review of this Petition, but we understand thata large number of other Applications have been submitted and therefore would
be willing to defer our review to a more reasonable schedule for your 0ffice.
Thank you for your assistance; please contact us if you require any
addi t ional informat ion.
Respectful ly,
./, .l /1/Ubru bl-a*-
cc
Michael BIai r
Gronau, 0wner;
Leavenworth, Atty.
K
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t LAW OFFICES OF
KU RT A. CRONAU
6FIOSV€NOP CENtER. MAKA] TOWER
733 !T.5HOP STREET. SUlfe 2175
HONOLULU, HAVAII 96813
KURT A. GTTONAU
BRIlrN G. B. CXOY
GLENI{ N. TAGA
Notary
" eLCrxOr{C
(608) se6-ss6r
FACSIll.ILE
(aoa) s36-0555
)
December 15, 't995
Loyal E. Leavenworth, Esq.
Lelvenworth & Associates, P.C.
1011 Grand Avenue
P.O, Drawer 2O3O
Glenwood SPrings, Colorado 81602
RE: 0288 Sun King Drive
Glenwood SPrings, Colorado 81601
KURT A. GRONAU
t<AG:jU1782i
Subscri before
Dear Mr. Leavenworth:
This shall convey to you a limited power of attomey to pursue a
subdivision exemption for tne aO acre parcei at ihe above-referenced address before
ifre County of Garfield, Colorado. Thii power of attorney shatl expire on December 15'
1 996.
Sincerely,
I
I
this day
I
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of
sgsa 8ts 8a8 nvNou9 v l.un) i"louj t{v8t:al s66[-s[-zt
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BEFORE THE, BOARD OF COUNTY COMMISSIONERS OF
GARtrtELD COUNTY, COLORN DO
PE'TITION F'OIT EXE,MPTION
Pursuant to C.R.S. (1973) Section 30-28-l0l (10) (a) - (d) as amended, and the
Subdivision Regulations olGarfield County, Colorado, adopted April 23,1984 Soction 2..20.4g,
the undersigned KURT A. GRONAU respectlully petitions
the Board of County Commissioners of Garfiel<l County, Colorado, to exernpt by Resolution
the division of a 40-acre tracl- of land into two traots of approximately -
twent acres each, more or less, lrom the definitions of "subdivision" and
"subdividedland"asthetennsareusedancldehnedinC.R.S. (1973)Section30-28-l0l (10)(a)
- (d) and the Garfield County Subclivision Regulations lor the reasons statecl below:
To provide two se parate ownershr ps (one additional) of the
Property, fior which no additional roads or easements are necessary.
SUBMITTAL REQUIREM ENTS
An application which satisfies the review criteria must be submitted wirh all the following
information:
A. Sketch map at a minimum scale of I "=200' showing the legal clescription of the
property, dirnension and area of all lots or separate interests to be created, access
to a public right-o[-way, and any proposed ezrsements lor clrainage, irrigation,
access or utilities;
B. Vicinity map at a minimum scale of l "=2000' showing the general topographic
and geographic relation of the proposecl exemption to the surrouncling area
wilhin two (2) miles, lor whioh a copy of U.S.G.S. quadrangle map may be used.C. Copy of the deed showing ownership by the applicant, or a letter lrom the
property owner(s) if other than the applicant; andD. Names and addresses of owners of record of land immecliately adjoining ancl
within 200 leet of the proposed exemption, mineral owners ancl lessees olmineral
owners ol record o[ the property to be exempted, an<l tenants o[ any structure
proposed lor conversion; and
E. Evidence of the soil types and characteristics of each type; an<lF. Proof of legal and adequate source of domestic water lor eash lot created,
method of sewage disposal, and lel.ter of approval of fire protection plan from
appropriate fire district; andG. If connection to a colrununity of municipal water or sewer system is proposed,
a letter from the governing body stating a willingness to serve; andH. Narrative explaining why exemption is being requested; andI. It shall be demonstrated that the parcel existed as describecl on Janua ry 1,1973
or the parcel as it exists presently is one of not nore than three parcels created
lrom a larger parcel as it existed on January l,1973.
J A $300.00 lee must be submitte<t with the app
KURT
licati on.
GRONAU
Pe -Fact
Mailing Address
Glenwood Springs, Colorado 87602
City
(970) 945-226L
By
Telephone Number
State
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KURT GRONAU Subdivision Exemption Appl ication
To Garfield County, Colorado, December 1995
SUBM I TTAL REQU I REMENTS , REV I E\^/ CR ITER IA I NFORMAT I ON
Prepared by Mi chael Blai r, Planner; Glenwood Springs, Colo'
A The Sketch map is attached, prePared at a scale of ltr = 2001, showing legal
description and dimensions, the proposed Lots, access to a PUblic right-of-way
(Co. Rl. ,158), proposed and existing easements for utilities and access, and
a location map. f|re Exemption would al low the creation of two 20 acre Lots
from a * of * of a Section of land; the County Zoning designation is ARRD,
which allows for two-acre lot sizesi SE+, SE* Sec.21, f7S, R89W, 5tn pm'
B Vicinity map on
and d ra i nage, and
Map, is included.
separate sheet, at a scale of 1" = 2000!, showing toPography
relationship to the surrounding area, from USGS Quadrangle
Copies of Deeds dated February 05, 1993 and June 27, 1995, demonstrating
purchase and ownership of the Property by the Appl icant; Asreement for
A.""rs and utilities dated February 0!, 1993, and Easements for Electric
power'l ines, are attached.
List of names and addresses of owners of record of land and minerals
adjoining and within 200 feet of the proposed Exemption is attached.
Evidence of soil types and characteristics of each is attached, as obtained
from the office of the Soil Conservation Service, USDA. The soil tyPe is
projected to be the I'Tanna silty clay loam, 25 to 45 Per cent slopes".
Domestic water supply source will be shared from an existing new water well
on proposed Lot 2, which is Permitted for three dwellings; -copies of the
State Wel I Permi t No. 183332 and the Adj udi cat ion Case No. 80 Ct^/98, attached.
Sewage disposal method will be an individual septic tank/leach field on-site;
The soi I type characteristics cause a slower percolation rate; however, a
new sewage'disposal system was recently approved and 6ppropriately instal led
on Lot 2, along with a Building Permit for a new residence, which is nearing
completion at this time.
A letter from the Glenwood Springs Rural Fire Protection District, Dept. of
Emergency Services, is attached, offering to provide fi re protection services
and i fire protection plan, in response to our request of 5 Dec.95.
There is to be no connection to any community or municipal water or sewer
system; none is avai Iable to the Property.
The Exemption is being requested to allow the Property to be divided to
provide two separate ownerships and building sites of 20 acres each. The
appl ication of the standard subdivision requi rements would be excessive to
create only one additional building lot, and when all road access, utilities
and easements al ready exist; speci fic bui Iding site requi rements wi I I be
determined at Building Permit revieW, for a single family dwel I ing.
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Demonstration that the Parcel existed as described on January l, 1973 and
presently is one of not more than three parcels created from a larger parcel
as it existed on January 1, 1973 is provided in the Ietter of confirmation,
dated January 25,1993, by Mr. Loyal E. Leavenworth, Attorney for the 0wner/
Applicant, copy attached. The Property parcel is the 40 acre third parcel
created by Subdivision Exemption of the B0 acre lrwin property in 1994.
The $300.00 Fee check is submitted and attached with this Application as
requ i red.
tit.,6 for record the;day of +,r-,A'D'19-,at o'ct ER.
R,:cept I on No PUIY
EETJ}E AXNIP
TEIS DEED , Hade thls aay ot February 05, 1993
be tueen
EDItrI L. HORNIK
of the county of C'rqREtED and State of
Cotorado, of the first part, ard
KURI MOI.IAU A}ID STEVE ORDISTETN
258 KUUIGI\E S1IREET
uhose [ega[ address ia IGEL[8, tfr. 96734
of the Cornty of GARETED Brd StEte of Cotorado, of the secxrC po.r!.. ^f/lTxEssETH, Th6t the sold party oi the flrst part, for ard ln consideration of the sun of (****$95r000.001
}IINETY FIVE THCI,JSAHD DOLLARS A}IO OO/IOOTHS
to the Bsld porty of the flret p6rt in hard paid by the said porty of the secord part, the receipt vhereof le hereby
ocknontedged srd confegged, has borgalned, grantd, gold ard cmveyed, ard by these presents does grant, bargaln, sell,
convey arrJ confirm, unto the sald party of the eecsd p6rt, his heirs ard assigns forever, atI the fottonlrE described lot
or parcel of [ard, situate, tying ard belng in the
Couty of GAREIE"D and state of Cotorado, to xit:
SEE DGIIBIT IIAII ASITACHED HRETO A}.ID I\ADE A PART HERDF:
otso known as street nurber G.iENLrcOD SPRDG.S, @
IOGEIHER Hlth atI ard singutar ard heredltaments ard apFxJrtenances thereto belonglng, or ln anyulse appertolning, ard
the reverslon errC reverslons, remalnder ard rennlrders, rent8, lssues ord proflts thcreof,'orri olt tho catate, rlght, titlc
interest, clalm ard demard Hhatsoever of the sald party of the flrst part, either ln tav or equity,of, ln ard to the
nbove borgalned prcrnlaes, yith the hercditsnents ord appurtenancee.
T0 HAVE Axo T0 HOLD the sald premlses above borgalned and descrlbed, xlth the opurtenances, unto the sald party of
the aecord p€rt, hls helra arrC asalgns forover. Ard the eaid porty of the llrst part, for hirsetf, hls helra, executors,
ard adninlstrators, does covenant, grant, bargaln, and egree to and ulth the sald p€rty of the secorid p6rt, hls helrs ard
assigns, thst at the tlme of the enseatlng and dellvery of these presents, he is netI seized of the premises above
conveyed, as of good, eure, perfect, absolute and lrrCefeaslbte estate of lr*rerltance, ln tan, in fee slnpte, ard has good
right, futI porer and terfut authorlty to grant, borgaln, setI arrC convey the same in manner ard form as aforesaid, and
that the sa.ne are free and ctear from atI forrrr ard other grants, bargains, ssles, Iiens, taxes, assessments srd
encurbranceg of rhatever kind or noture soever.
ExcEPT GENERAL IAXES AllD ASSESSilEIIIS rfr IHE YEAR 1993 ANo SUESEOUEHT YEARS, AND SUBJECT T0 EASEHENTS, RESERVAItoNS,
RESTRICIIoHS, CoVENAXTS AND RIGHTS 0F UAy, Ill EXISTENCE, lF ANy.
srrC the aboved bargained pre'rnlses ln the qulet and peaceabte possession of seid party of the secorrJ part, hls helrs ard
assigns against el,t and every persofl or per8ons tarfutty claimlng or to ctaim the r*rote or any part thereof, the said pertyof the first part shatI ard vltt ITARRANT AND FfiEVER DEFE]ID. The singutar nrrber shatt inctude the pturat, the ptural thesingutar. ard the use of any gerder shatt be appl.icabte to att genders.
IN IJIINESS UHEREOF, the sald psrty of the first part has herernto set his haM and seal the day ard year first a&veyritten.
( SEAL )
( SEAL )
STATE OF COLORADO'''-' ..County of &4;lol SEAL )
b.,(,ssJ
I
instrunent ras ecknortedged before rE on this day of Febntafy 05, l-993
p?.,
{\l\a-,1 1-'t, tqcyi.r
ficiaI seat.
cgml
F
ty,+,pr^ 932A Coa'IPUTER UARRAIITY DEED - For photographic Record
,#HM
q'f1610'r'6r-o G{16r-o
UIiBTIJ?T!I!E
ry c
m,(,ITA
sEl/ 4SEL / 4
sEcrroN 2L, TOWNSHTP 7 sourH, RANGE 89 WEST oF THE srxTHPRTNCIPAL MERTDIAN
COUNTY OF GARFIELD
STATE OF COLORADO
MORE PARTICUI,ARLY DESCRTBED AS FOLLOWS:
THE SOUTH I/2 OF THE FOLLOWING DESCRIBED TRACT oF I,AND:
Er/zsEl"/4 oF sECTroN 2L, TowNsHrp 7 sourH, RANGE 89 *EST oFTHE SIXTH PRINCIPAL MERIDIATI MORE PARTICLTLARIY DESCRIBED .\SFOLI,OWS USTNG COLORADO COORDTNATE SYSTEMS NORT}I AZIMUTI{S:
BEGINNING AT THE SE CORNER OF SAID SECTION 2\, THENCE oN ANAZTMUTH oF 359 DEGREES 56'oo'r, z7o3.62 Fenr To rHE Er/4coRNER oF sArD sECTroN 21, THENCE oN AN AZTMUTH oF 269DEGREES 53t49tt,1319.0 FEET; THENGE oN AN AZTMUTH oF 18oDEGREES 32'Lgt), 267.L4 FEET; THENCE oN AN AZTI"IUTH oF 9rDEGREES 52'sott, 1347.85 FEET ro rHE porNT oF BEGTNNTNG.
TOGETHER WITH AN EASEMENT OR RIGHT_OF_WAY FOR ACCESS ANDUTTLITY PIIRPOSES THROUGH THE SE]./4NE]./4 OF SAID SECTION 21 ASSUCH IS PARTTCULARLY DESCRIBED TU OOCiTENT NO . 255555, BOOK435 AT PAGE 253 OF THE GARFIELD COI.INTY RECORDS.
ilfS,B,itr;, crecrni,
RECDRDED
REC b 1#lio t'ctotr I
MILDRED A 854,r,,, iQfr
AGREEMENT
THIS AGREEMENT is made and entered into this.{day of February, 1993, by andbetween EDITH L. HORMK, 965 First Avenue, No. LD, N"* york, New york 10017,(hereinafter "Hornik"); KURT GRONAU AND srEVE oRENSTEIN, 25g Kuukama Street,Kailua, Hawaii 96734, (hereinafter collectively referred to as ,Gronau,,); and JAMES A. ANDGERALDINE H' IRWIN, 595 High Street, 6enre., Colorado 80218, (hereinafter ,,Irwin,);
WITNESSETH:
and WHEREAS, Hornik owns certain real property located in Garheld county, colorado;
WHEREAS, Gronau has entered into a contract to purchase from Hornik the SEI/4sEl/4, Section 2r,T 27 s., R. g9 w. of the 6th p.M. (hereinafter,,upper parcel,,); and
WHEREAS, Irwin has entered into a contract with Hornik to purchase the NE l/4 SEI/4,Section 21,T.7 s., R. g9 w. of the 6th p.M. (hereinafter,,rowerparcer,'); and
WHEREAS, in the purchase contract between Hornik and Gronau, Hornik has agreedto "provide legal, not physical, access to subject property [upper parcel] to a 2g-foot roadeilsement through the lower parcel, for contract purposes ,ire.rea to ", Ndy4 sEl/4, section2l'at seller's sole expense and Seller shall furnish pu..t*", with a survey of said easement anda legal description for said easement on or beforetrosing,,; and
wriEnpns, Irwin's contract to purchase the NE1/4 sEl/4 of Section 2l is subject to theaforementioned easement for the benefii of Gronau;-anJ
WHEREAS, the parties desire to enter into this Agreement concerning said accesseasement in lieu of designating the location of the access easement prior to closing.
Now' THEREFoRE, for and in consideration of the mutual promises and covenants
filfr:I herein, the sufficiency of which is hereby a.r,no*reagea, trre p*i;, hereto agree as
l ' Access Easement. The qarties agree and acknowledge that, due to snow cover,it is infeasible and impractical to phyiically liate ;; rh; ground a suitable access easemenracross the lower parcel until spring or tqg:.- Therefore, the parties agree that by June 15, I993,the owner of the upper ano loweiparcel stratl muiualiy r,"r.", in the field, the center line of a30-foot access easement through tire lower parcel commencing at Sun King Drive across thelower parcel to access the upfir parcel.. For that purpo;, thi parties shaliretain a mutuallyacceptable contractor (with experience in road construction) who shall assist and advise the
C:\FILES\GRONAU.2AG
Fcb;ury 2, 1993
ffi *tu t6/u
oo i''t 8It4 '';91
parties as to a suitable location for said access easement. The location of said easement shallbe guided by the following principles: (l) the alignment of said access easement shall be suchthat it will meet.Garfield County standards concerning grade requirements for a primitiveResidential road; (2) the alignmeni of said easemenr shail be in a location that does not interferewith the proposed building site or the privacy and solirude of the proposed building site for thel<''wer parcel and is located in such a manner as to provide the leait interference with the viewsflom said proposed building site; and (3) alternative potential alignments shall be examined iniight of the rerative cost of rhe construction of .u.h .iignr.nt.
It is the intent of the parties that they will mutually agree upon an acceptable alignmentof the access easement in a manner that wiil allow the lower and the upper parcel to share theaccess eilsement and road to be constructed on said easement until the point on the lower parcelthat the owner of the Iower parcel will turn off of said access easement onto a private drivewaytc access the residence to be constructed on the lower parcel. The shared portion of the acc€sseasement is hereinafter referred to as the "common driveway". once staked in the field, therarties shall retain the services of a licensed surveyor, as prorided for in paragraph 7, who shallsurvey and provide a legaj description of the "...r, easement. upon completion of the surveyand preparation of the legal description, the owner of the lower parcel shall execute a special\'I'arranty deed conveying a non-exclusive access and utility (except as provided in paragraph 2)easement' 30 feet in width, across the lower parcel for the benefit of the upper parcel, free andclear of all liens and encumbrances' The ow'ner of the uo*. and lower parcel shall each havethe right to use the common driveway; provided however, the owner orirre lower parcel shallhave the right to use the road to be ctnstructed in all locations on the lower parcel. The roadto be constructed as the common driveway shall constructed with a lz foottravel lane, includingsuch material as is necessary to render the travel lane a suitable, functional, driving surface.
2' Utility Easement. The parties agree that, simultaneously with the process oflocating a suitable access easement, the parties- shall also locate a suitable utility easementthrough the lower parcel to serve the upper parcel. The parties agree that they shall cooperatefor the purpose of extending utility service in a mannei ttrat will benefit both the lower andupper parcel' It is the intent of the parties that the location of said utility easement shallcoincide with the location of the road access easement; provided however, that the owner of theiower parcel, to preserve the privacy and solitude or irre proposed building site on the lowerparcel and the scenic views from that building rit. ,uy, in his sole disc-retion, provide analternative utility easement to the owner or.*re Jppe, p^r.Lt to protect the views and privacy ofthe building site on,the Io.*.?t parcel; provided r,o*.r.r, ir,at irct alternative utility easementshall not result in substantially increased costs of construction of the utilities. To the extent thatthe utility easement is in a different location than the access easement, the owner of the lowerp'rrcel shall convey.s-uch utility easement to the owner of the upper parcel as part of theconveyance provided for in paragraph l, above.
3' Gate' The parties agree that a gate shall be constructed at the entrance to thelower parcel from Sun King Drive, which gate-shall be suitable for the purpose of preventing
C:\FILES\ORONAU.2Ac
Fcbury 3. I 993 a
oo :,95,1 .;i)'4
entry into the lower and upper parcels by third parties. Said gate shall be locked with each party
having keys to the Iocks to permit entry by the owners of the upper and lower parcels. ThL
parties agre.€, that they shall share equally in the cost of the construction of a metal gate that will
bc suitable to prevent access by third parties, although the owner of the lower parcel may, at
his sole discretion and cost, upgrade the proposed gare that will be constructed
4. Construction of Common Driveway. Utilities and Fence. At the time the ownerof the upper or lower parcel desires to undertake the construction of the road located on the
access ea.sement, extend utilities to either parcel, or construct the gate at the entrance to thelower parcel, the party desiring to commence construction shall nolfy the other party of hisintent to proceed. To the extent the parties desire to mutually .*p"rit. and share the cost ofconstruction at that time, they shall mutually proceed with construction. If the other party doesnot desire to participate in construction at that point in time, the party desiring to iorr.r."
construction may do so at his sole cost; provided however, the othlr pirty shall not be entitledto utilize the common driveway, utilities, or gate, as the case may be, until such time as thatparty has reimbursed the other party for 50vo of the actual cost of construction of the commondriveway, utilities, and gate. within 90 days of completion of either the road, gate or utilities,
the party undertaking the work sha.ll submit copies of all invoices for such work to the otherparty to apprise the other party of one-half of the cost due under this Agreement. The ownerof the lower parcel shall not be responsible for any costs associated with road or utility
construction beyond the end of the common driveway or for any non-shared utility extensionsor for any improvements to the road required to be made by Garfield County as part of any
su_bdivision exemption approval of the upper parcel. It is the intent of the parties that the costsof the common driveway, utilities, and gate shall be shared 50/50 by the parties hereto,including initial construction, repair and maintenance. After initial construction, the parties shallnotify each other prior to undertaking repair or maintenance. The costs of snow piowing shallbe paid as determined by mutual agreement or, in the absence of agreement, by thJ party
desiring snow plowing.
5. Covenants Running with the Land. The parties hereto, as owners of the upper
and lower parcel, hereby bind these parcels by covenants which shall run with the land and bebinding upon the heirs, successors and assigns of the parties hereto, to the following mutual andreciprocal covenants and restrictions:
A' The parties hereto, theirheirs, successors and assigns, as owners of the upper and
Iower parcel may, in their sole discretion, request approval from Garfield
'County
of a subdivision exemption to create a maximum of two lots or parcels from thl
approximately 40 acre parcel being acquired by Gronau and Irwin.
B. The parties agree that their respective parcels (including the parcels that may be
created pursuant to the preceding covenant), shall be limited to single family
residential use and a guest house per parcel, as may be approved Uy Carneti
County. The parties agree that the upper and lower parcel'ihall not be utilized
c.\lIr Fs\cRoNAt!.2AC
Fc5ury 2. I 993 -3
oo
B',r,( 854i'r,.']$$
for commercial purposes whatsoever, nor shall any multi-family dwelling unitsbe constructed. Provided however, the leasing of a single family residenc-e shallnot be prohibited.
C' The owners of the upper and lower parcels shall prohibit third parties (that arenot invitees or guests) from accessing public lands througtr iheir respectiveparcels; provided however, the owner of the lower parcel ,"y-""."r, public landsthrough the upper parcel in a location or manner to be mutually agreed upon, theapproval of which shail not be unreasonabry withherd.
D' The owners of the upper and lower parcel shall not allow third parties, other thantheir guests and invitees, from utilizing the parcel for hunting purposes; providedhowever, nothing shall prohibit the owner, his invitees ano iuesti, from huntingon their respective parcel.
E' The foregoing covenants may be terminated or modified by written agreement ofall the owners of the upper and lower parcels.
6' Deed of Trust Subordination. Hornik agrees that, to the extent a deed of trust isexecuted by either Gronau or Irwin for the benefit of H6rnik, which deed of trust encumbers theupper or lower parcel, said deed of trust shall be subordinate to the terms and conditions of thisAgreement and any conveyances required to be executed by this Agreement.
7 ' Survey. The parties have heretofore obtained and reviewed a bid for the surveywork referred to in Paragraph I from High Country Surveying in the amount of $2,g00. Saidbid is premised upon survey work in the time frame contemplated by paragraph I (i.e., suryeywork to be perform.d in.the early summer of 1993). At the closing 6etween Hornik andGronau, Hornik shall provide funds equal to said bid pursuant to the purih"r, contract betweenHornik and Gronau, which funds shall be .held in a trust .c.orni by Vicki I-ee Green &Associates and shall be disbursed upon requeit of Gronau and Irwin to p"y the surveyor for thesurvey undertaken Pursuant to Paragraph 1. The parties shall e*."ut - ,r.ro* agreementrequired by vicki Lee Green & Associaies for this pu.pot". In the event additional survey costsare incurred, such costs shall be paid equally uy dronau and Irwin.
8' Exclusi-ve Right to Negotiate. Gronau and Orenstein hereby agree that, in theevent Gronau and/or Orenstein desires to sell or convey to a third party the upp., parcel, or anyparcel created from the upper parcel, they or he shall first notify r.*i" in *riting of their or hisintent and shall grqt-Irwin a 60 day pe;od in which Irwin and Gronau and/or orenstein shallnegotiate in good rai$r ro1 the acquisition by Irwin of said parcel. Any party may, at their solecost, obtain an appraisal for negotiation purposes. In the event the parties, following good faithnegotiations, cannot agree upon the acquisition of said parcel by Irwin, Gronau andlororensteinshall thereafter be free to market and sell said property to ttreiublic. This paragraph shall notapply to conveyances between Kurt Gronau and Steve Orenitein, their family members and
C:\FILES\GRONAU.ZAG
Fcbrury 2. 1993 -4-
80 i!!(854 i':r:: $[[
Governing [aw. This Agreement shall be construed under the laws of the State
oo
spouses, or lega.l entities owned or controlled by Gronau, Orenstein, or their family members.Further, the terms of this paragraph shall bind only Kurt Gronau, Steve Orenstein and trwin andshall have no force or effect as to any future transferee of Gronau, Orenstein or Irwin.
9. Binding Effect. The terms and conditions of this Agreement shall survive theclosing of either the lower or upper parcel and be binding upon and inure to the benefit of theowner of each parcel, their heirs, successors and assigns.
10. Recording. This Agreement shall be recorded with the Office of the Clerk &Recorder of Garfield County with the first closing of either the lower or upper parcet.
11' Attorneys'Fees and Cosls. This Agreement may be enforced by an action forspecific performance and/or damages. In the event 6f a claimed breach and litigation concerningthis Agreement by any party hereto, the prevailing pafiy shall be entitled to reasonable attorneys,fees and costs of such litigation.
12' Petition to District Court. In the event the parties cannot agree on the matter set
fort! in Paragraphs I and 2, above, any party hereto may petition the Disirict court in and forGarfreld county for a decision concerning t-ne matters iequired to be determined pursuant toParagraphs I and 2. Said decision shall be final and non-appealable. The prevailing party insuch litigation shall be entitled to reasonable attorneys' fers and costs.
13.
of Colorado.
14' Notice. All notices required under this Agreement shall be in writing and shallbe hand delivered or sent by registeied or certified miil, return receipt requested, postageprepaid, to the addresses- of the parties herein set forth. All notices so given shall be consideredeffectiv-e seventy-two (72) houri after deposit in the united states Mailwith the proper addressas set forth below. Either party by noiice so given may change the address to which futurenotices shall be sent.
Notice to Gronau:Kurt A. Gronau
Suite 909, Pioneer plera
900 Fort Street Mall
Honolulu, HI 96813
With copy ro:I-eavenworth & Iochhead, p.C.
P. O. Drawer 2030
Glenwood Springs, CO Blffi2
C:\FILES\GRONAU.2Ac
Fdrurry 2. 1993 -5-
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Notice to lrwin:
With copy to:
8n 0l
James A. Irwin
595 High Street
Denver, CO 80218
David R. Sturgess, P.C.
P. O. Box 101
Glenwood Springs, CO 81ffi2
854 '...,'${J1
15' Counterpart Signatures. This Agreement may be executed in one or morecounterpafts, each of which shall be deemed an original and all bf *nicn together shall constituteone and the same instntment. Facsimile transmisslion signatures shall be sufficient evidence ofexecution of this Agreement and once.so executed Uy Ur parties shall be binding upon theqarties-' Any party transmitting a facsimile signature.gi*r todeliver to the other parties, withinfive (5) days of such transmission, a copy of this document bearing such parties originalsignature; provided that the failure to produce such original signatui" ,r,at not affect theenforceability of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement in triplicateoriginals on the day and year first written above.
L
Edith L. Horni
Kurt Gronau Steve Orenstein
J A. Inyin r-(
C:rFIl ES\GRONAU.2AC
Fcbury 2, 1993
ine H.
-6-
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Bnr,i( '$${"-1'''t0Z
STATE OF('ie,ij ra01,
COUNTY OF /):c< r{ : *t,Jt
o, *,,f!Iir:Y,f1' subscribed, and sworn to before me this {r", of February, 1e93,
WITNTESS my hand and official seal.
My Commission expires:
)
)
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SS
),7
i i,((
Notary Public
STATE OF
COUNTY OF
Notary public
STATE OF (z,ir ,'.1cJ ..,
cQ$r&coYQ'ca; J,, !i'
I$ffiij-,. subscribed, and sworn to before me this lr/-!r*of February , rgg3,.PPt .+ ( Ufo ,_Geraldine H. Irwin.
' 'l o"
"-aTUS,S
,y hand and officiat seat.
)
)
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ss
Acknowledged, subscribed, and sworn to before me this _ day of February , rgg3,by Kurt Gronau and Steve Orenstein.
WIINESS my hand and official seal.
My Commission expires:
)
)
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ss.
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bY:l
€
My Commission expires:I
v
C:\FIl F(\GRONAU.2AG
Fcbf,rry 2, t993 -7-
Notary Public
FtD A? ',93 A5t51pt1 r rlSiNl^lORTH & LoCHHERD o
t^
P.7/A
854,.,,,6i03B|:l(lT
Notice to Irwin:James A. kwin
595 High Strect
Denver, CO 80218
With copy to:David R. Sturgess, P.C.
P, O, Box 101
Glenwood Springs, CO 81602
15. Cguntcrpqrf, SjSnqlures. This Agreement may bc exccutcd in one or morc
counterparts, each of which shal be deemed an original and all of which logether shall constitutc
one and tIe same instnrment. Facsimile transmission signatures shall be sufficient evidence of
executlon of thls Agreement and once so executed by all partles shall be binding upon the
!.nio Any party transmitting a facsimile signature agrers to deliver to the other pariies, within
{uu (S) days of such transmission, a copy of this document bearing such parties original
siglature; provided that the failure to produce such original signatuie shall not affecl the
cnforccability of this Agrccment.
IN WITNESS WHEREOF, the parties have executed this Agreement in triplicate
originals on thc day and year first writtcn above.
Edith
--l71f1:-^
-.(-..---
Kurt Gronau
James A. Irwin
C: \FlLEll\6 RONAT!.24G
Fctalry 2, l99J
Geraldine H. Irwin
-6-
FEB AZ '93 A5:54Pt't LERVENhORTHo & LOCHHEAD o P,8/8
Sniff 85'4,,,,,,,S04
STATE OF
COUNTY OF
Acknowledged, subscribed, and sworn to before me this _ day of February , lgg3,by Edith L. Hornik.
WITNESS my hand and official seal.
My Commission expires
Notary Public
STATE OF II 4 il 4AT
COUNTY OF
)
)
)
ss
)
)
)
ss
Achrowledged, subscribed, and sworn to before me this fi!*rof Febnrary, 1993,by Kurt Gronau urd Steve Orenstein,
WITNESS my hand and offrcia-l seal.
My Commission expires:.4-7/
Notary Publ
STATE OF
COUNTY OF
Acknowledged, subscribed, and swom to before me this _ day of February, 1993,by James A. and Geraldine H. Irwin.
WITNESS my hand and offrciai seal.
My Commission expires:
ss
)
)
)
C:\FIIIS\OIONAU.2Ac
Fobnn4y 2. 199!-7-
Notary Public
480109 8-945
},IILDNED ALSDORF
04:37P PG 1 OF z DOC lt]T
QUIT CLAIM DEED
THIS DEED made this 27th day of June 1995, between STEVE
ORENSTEIN (hereinafter "Grantor"), whose address is zg? ktrqrenn ,9, keqqA, A,attq6?3+
@:il3ffHilfl3}f,Y'(hereinafter',Grantee',),whoseaddressis733
WITNESSETH:
That the Grantor, for and in consideration of Ten Dollars and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, has remised,
released, sold, conveyed aad QUIT CLAIMED, and by these presents does remise, release, sell,
convey and QUIT CLAIM unto the Grantee, his successors and assigns, forever, all the right,
title, interest, claim and demand which the Grantor has in and to the following described
property, situate, lying and being in the County of Garfield and State of Colorado, described as
follows:
See Exhibit A attached hereto and incorporated herein by this reference.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper
use, benefit and behoof of the Grantee, his successors and assigns forever.
IN WITNESS WHEREOF, the Granror has execu d on the date set forth
above.
VEO
STATE OF HAwAII
P-s44 oe/Drss
GARFIELD MJNTY CI.ERK AI.ID RE@RDER
p
10
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)couNTY oF HoNoLULU
R\FIIJS\GRONAU.3QD
Iuac 20, 1995
Acknowledged, subscribed, and sworn to before me this 27th day of
1995, by Steve Orenstein.
June
Public , State of Hawaii
I.EAVIEIS,OBIII & C/\II)IA PC.
P.o. Dlsrui 20{10
l0ff (hudAvurra
GlaroodSprlagr,CO 816ol
official seal.
: 8/26196
lo
ty
sil,, o (o
480109 8-945 P-54S 06/30/95 04:3Tp pG 2 OF 2
sE1/4s81/4
sEcTIoN 21, TOWNSHTP 7 soUTH, RANGE 89 wEsT oF THE SIXTHPRINCIPAL MERIDIAN
I{ORE PARTICUI,ARLY DESCRIBED AS FOLLOWS:
THE souTH L/2 oF THE FoLLowrNc DESCRTBED TRACT oF r,AND:
ELlzsEL/A oP sEcTroN 21, TowNsIIIP z soUTH, RANGE 89 wEsT oFTHE SIXTH PRINCTPAI MERIDIA}I MORE PARTICUI,ARLY DESCRTBED ASFOLLOWS USING COLORADO COORDINATE SYSTEN,IS NORTH AZTMUTHS:
BEGINNING AT THE SE CORNER oF SAID sEcTrON 21, THENCE oN ANAZTMUTH oF 359 DEGREES 55'oor', 2703.62 FEET ro run aitqcoRNER oF sArD sEcrroN 21, THENCE oN AII AZTMUTH oF 269DEGREES 53'49tt, 1319.0 FEET; THENCE oN AII AZTMUTH oF 1BoDEGREES 32' ]-gtt , 267 .14 FEET; THENCE oN AII AzrI{urH oF 91DEGREES 52'5on, L347.85 FEET To THE poINT oF BEGINNTNG.
TOGETHER wrrH AII EASEx'{ENT oR RrcHT-oF-wAy FoR AccEss Ar.rDUTTTLITY PURPOSES THROUGH THE SE1/4N81/4 OF SAID SECTTON 21 ASSUCH IS PARTICUI"LRLY DESCRTBED ri{ DOCTIMENT NO. 25555', BOOK435 AT PAGE 253 OF THE GARFTELD COT'NTY RECORDS.
COT'NTY OF GARFTELD
STATE OF COLORADO
o o
HOLY CROSS ELECTRIC ASSOCIATION, INc.
UNDERGROUND RIGHT.OF.WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
KURT GRONAU
(hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, dohereby grant unto HOLY CROSS ELECTRIC ASSOCIATION, lNC., a cooperative corporation whose post office address isP'o. Drawer 2150, Glenwood springs, colorado (hereinafter called "Grantee") ind to lts succesiors "na "ssigni, iterightof ingress and egress across lands of Grantor, situate In the County of carfield, si;t ;ia;loraao, aesciiUe'a isfollows:
A parcel ofland being the Southeast Zr Southeast %, Section 21, Township 7 South, Range g9 West ofthe 6thP.M', as more fully described in book 945 at page 544 of the Garfield corinty Courttrousi, Glenwood springi,Colorado.
And, to construct, reconstruct, repair, change, enlarge, re-phase, operater and maintain an underground electrictransmission or distribution line, or both, with the undergiound'vaults, conduit, fixtures inJ uquiirunt used oruseable in connection therewith, tog.ether with associate-d equipment iequired'"Uor" ground, within the abovementioned lands, upon an easement described as follows:
An easement ten (10) feet in wldth, the centerline for said easement being an underground power llne asconstructed, the approximate location of which upon the above describ"dprop".ty li shown on Exhibit Aattached hereto and made a part hereof by reference.
The righ.ts herein granted specifically allow Grantee to install additional underground and/or pad-mounted facllitieswithin the easement described by the attached exhibit.
Together with the right to.remove any and all trees, brush, vegetation and obstructions within said easement and theright to pile spoils outside said easem.ent during constructio; and maintenance, when such is ,""ron"bly nu;;;r;tfortheimplementationanduseoftherightsherei-nabovegranted. crintoragreeitrr"ti"nai."pinganaothersurfacelmprovements made on said easement will beminimjlzed and that any jamage cauieoio'riia i""Jr."pirg ""dimprovements by Grantee during exercise of any of its rights granted by thii easim6"t tt,"liu"-i"piii"a uv tr",i bianioiat his expense.
Crantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property ofGrantee, and shall be removable at the option of Grantee.
Grantor covenants that he is the owner of the above described lands and that the sald lands are free and clear ofencumbrances and liens of whatsoever character, except those held by the following:
To HAVE AND To HoLD, said right-of-way and easement, together with all and singular, the rights and privilegesappertaining thereto, unto Grantee, its successors and assigni, forever.
IN WITNESS EREOF, Grantor has0ct
STATE OF HAI4IAII
presents to be duly executed on this 10rh day of
KURT GRONAU
couNry o, ,roxor,ui.u itt'
t-he foryggbs insrrument was acknowledged before me thiste 7,b , by KURT GRONAU.
/WITNESS my hand and official seal.
tvty commission expires: {tf/ff/g
/04 o^, o,
Address:
Address:
Bis Stre Ste 2775
-Y
W/O#g 5 - I 47 9A :6 4-2 | : Fo ur M i lelG ronau : I 0.4-9 5tnnL.\9ron.u,l
Honolu1u, Hawaii 96813
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EXISTING
HOLY CROSS
OVERHEAD
POWER LINE
EXHIBIT A
FOURMILE,/GRONAUsE 1/4, sE 1/4, sEC. 21, T7s, Rggw
MAP AREA 64-21
w /o 147e0
= .-ZE
ts=. eEE6HHEEET
IRWIN HOUSE
\\
\\\
PROPERTY LINE
LEGEND
NEW PAD-MOUNTED
o .NEW SPLTCE VAULT
\\
Ir
ll
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Srr
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NEW
GRONAU
NEW HOUSE
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HOLY CROSS \
UNDERGROUND \
POWER LINE \
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HOLY CROSS ELECTRIC ASSOCIATION, INc.
UN DERGROU N D RIGHT.OF.WAY EASEMENT
TO HAVE AND TO HOLD, said rt ght-of-way and easement, together with all and singular, the rights and privile 9esappenaining thereto, unto G rantee, its succe , forever
o
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
JAMES A. IRWIN JR. AND GERALDINE H. IRWIN
(hereinafter called 'Grantorll [9r a good and valuable consideration, the receipt whereof is hereby acknowledged,
do hereby grant unto HoLY cRoss ELECTRIC AssoclATloN, lNC., a cooperative corporation whose post office addressls P-o. Drawer 2150, Glenwood Springs, Colorado (hereinafter called "drantee") and to lts successois and asslgns, theright.of ingress and egress across lands of Grantors, situate in the County o'f Garfi"ld, stite oiiolorado, dJscr'ibed
as follows: j
A parcel of land situated ln Section 21, Township 7 South, Range 89 West of the 6th p.M., as more fullydescribed in book 856 at page 849 ofthe Garfield County Courthouse, Glenwood Springs, Colorado.
And, to construct, reconstruct, repair, change, enlarge, re-phase, operate, and maintain an underground electrictransmission or distribution line, or.both, with the underground vaults, conduit, fixtures and equilment used oruseable in connection therewith, tog.ether with associated equipment required above ground, within the abovementioned lands, upon an easement described as follows:
An easement ten (10) feet in width, the centerline for said easement being an underground power line asconstructed, the approximate location of which upon the above described property ii shown'on Exhibit Aattached hereto and made a part hereof by reference.
The rlghts herein granted specifically allow Crantee to install additional underground and/or pad-mounted facilitieswithln the easement described by the attached exh.ibit.
Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and theright to pile spoils outside said easement d.uring construction and maintenance, when such is reasonably necessaryfortheimplementationanduseoftherightshereinabovegranted. crantorsagreethatlandscapingandothersurfaci
improvements made on sald easement will be minimized and that any dimage caused to'r"id landscaping andlmprovements by Grantee during exercise of any of its rights granted by this-easement shall be repaired bly theGrantors at their expense.
Grantors agree that all facilities lnstalled by Grantee on the above described lands, shall remain the property ofGrantee, and shall be removable at the option of Grantee.
Grantors covenant that they are the owners of the above described lands and that the said lands are free and clearof encumbrances and liens of whatsoever character, except those held by the following:
be duly executed on this N\.,",IN
STATE
COUNTY
A. TRWTNJR.
Thelorggoing instrume
le \\ , byJAM
TEfiALD|NE H..tRwrl! /
day
have caused
) ss.
nt was acknowledged
ES A. IRWIN JR. AND
Qrrz,> ;Z Z----,'
IN
WITNESS my hand and officlal seal
My commlssion expires:
\-\\_$
[/O#g5-l 47 90:64-21: Four Mile/Gronau: 7-3-9 5
ftrnh\lmln.u9i
Address L-
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EXH IBIT A
FOU RM ILE,/GRONAU
sE 1 /4, sE 1 /+, sEC. 21, T7s, Rggw
MAP AREA 6+_21w/o 147s0
EXISTING
HOLY CROSS
OVERHEAD
POWER LINT
gE
:B E:E EBEI =.qE Et/
IRWIN HOUSE
\\
\\\
PROPERTY LINE
LEGEND
NEW PAD_MOUNTED\J TRANSFORMER
O NEW SPLICE VAULT
xl
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os//Q/,
d/l
7/
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HOLY CROSS \
UNDERGROUND \
POWER LINE \
GRONAU
NEW HOUSE
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For the KURT GRONAU Petition for Exemption from Subdivision, Dec " 1gg5
Names and Addresses of 0wners of property and Minerals Adjacent to andI,/ithin 200 Feer of the:
KURT GR0NAU Property in Garfield County Colorado,
the SEt, SE*, Sec. 21, T7S, R8gW, 5th PM;
as obtained from the Records in the 0ffice of the Garfield county Assessor,on l2 December 1995 by Michael S. Blair, planner.
o
Properties Adjacent toor within 200 Feet:
lrwin, James A. and Geraldine H.
595 High Street
Denver, C0 80218
V.H.S. Limited partnership
313 Foxtail Court
Boulder, C0 80303
United States of America
Wash ington, D. C.
Minerals on or Adjacent to:
Mclean, Anna V.
1837 Ridge Drive
Grand Junction, C0 81505-403
United States of America
t/ash ington , D. C.
ert Owne r Petitioner:
Gronau, Kurt, and
Steve 0renstein
258 Kuukama Street
Kailua, Hl.9673\
P
o 'IILE CCFY
LEAVENWORTH & CALOIA, P.C.
LOYAL E. LEAVENWORTH
SHEFRY A. CALOIA
SAMUEL J. LIGHT
JEFFERSON V. HOUPT
CAFOLYN M. STHAUTMAN
KENNETH R. MOTSENBOCKER
ATTORNEYSAT LAW
Febnrary 15, 1995
1011 GRANO AVENUE
PO. DRAWER 2O3O
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (303) 945-2261
FAu\: (300) 945-7396
Kurt A. Gronau, Esq.
Steven Orenstein, M.D.
Grosvenor Center, Makai Tower
733 Bishop Street, Suite 2775
Honolulu, HI 96813
Re: Hornik Well No. 2: Case No. 94CW20l
Dear Kurt and Steven:
Enclosed please frnd a copy of the Judgment and Decree in the above-referenced matter.
The Water Judge signed the Ruling of the Referee on Ianuary Lg, Lggs, making it the Judgment
and Decree of the Court. The Decree approves the application for finding of readnable
diligence filed on August 3L, 1994, for the 0.033 c.f.s. prwiously awarded conditiona[y to the
Hornik Well No. 2 for domestic, household purposes, Iivestock water, fire protection and lawn
and garden irrigation pu{poses.
Please be aware that an Application for Finding of Reasonable Diligence for this well is
due to filed in the Water Court in Ianuary 2001 in order to continue this conaitional water right.
'You should keep accurate records of any expenditures or improvements made toward the
development of this well for future diligence applications. We wilt attempt to inform you
several months before that deadline that a diligence application is due to be filed with the WiterCourt. Failure to file the appropriate application in a timely manner could result in the
cancellation of these conditional water rights.
The Hornik well No. 2 is currently permitted as well permit No. I 83332, a copy of
which is enclosed. In the past, we have counseled clients to reapply for well permits prior to
expiration, as the Sate Engineer's office has in the past argued that the expiration of a wellpermitassociated with a conditional water right may be a basis for determining the abandonmentof the underlying conditional water right. This policy presented a problem for persons who
have,like yourself, conditional water rights for wells, but who do not necessarily plan to drill
the wells within either one year of issuance, or two years, if an extension is obtained. However,the recently enacted Senate Bill 94-138,which was initially drafted by this office for
consideration and qponsorship by the Colorado Senate, addresses this problem. It states that if
a conditional underground water
3RONAU.3LT
right requires the construction of a well, the expiration of the
oLEAVEI\"WORTH & CALOIA, P.C.
o
Kurt A. Gronau, Esq.
Steven Orenstein, M.D.
Page 2
February 15, 1995
well permit shall not be the sole basis for determining the conditional water right to beabandoned. Expiration of a well permit is evidence of ibandonment, but under thJnew lawcannot be the sole basis for abandonment. V/ith this law in place, we do not believe it isnecessary to continuously apply for a well permit if you do not plan to drill the wellimmediately. Rather, we recommend you appl, for a pernnit several m-onths prior to the timeyou plan to drill, but in no event later than six months-before the time you ari required to fiteyour diligence application with the Water Court to maintain your conditional water right decree.
The statutes and recent changes do not affect your ability to ariU a test hole, which yo:u ,"y ttiUdo without a well permit.
I have not heard from you concerning the subdivision exemption issue. If I can help, let
me know. I recommend proceeding as soon as possible in light of tn. potential for cr,arijmjpolitical climates.
with the issuance of this Decree, this matter is now concluded.
questions or @nc€rns, please let me know.
If you have any
Very truly yours,
LEAyENWORTH & CALOIA, P.C.
E.
LEL:eg
Enclosure
GNONAU,3LT
c-<
Form,l{r
GWS.25
APPUCANT
KURTA GRONAU & STB/E ORENSTEIN
% LEAVEI.IWOHTH & CALOTA PC
P O DHAWER 2O3O
GLEIIIWOOD SpcS CO 81602
( 303)94$2261
PERMTT TO CO}ISTRUCT A WEI
35l3il3tBl'i3[f"FT,?IHFX=,o,*..,
tJ&r?SUl? Blds'' 1313 sherman st, Derwer, colorado 80203
o
APPROVED WELL LOCAT1ON
GARFIELD COUNTY
SE 114 SE U4 Seaion
Twp 7S RANGE 89W
,r
E.
UC
WEI.I PERMIT NUMBER
DM. 5 CNTY. A
,,19:1332
WD 38 OES. BASIN MD
Lot Btock:Filing: Subdlv:
21
6th P.M.
DISTANCES FROM SECTION LINES
10OO Ft. from Sor.fih Section Line
800 Ft. from East seaion Line
1) This well shall be-used in such l way as to cause no material iniury to existing water rights. The issuance of thepermit does not lssure the applicant thd no arirry;ii ;;r to another ves6d water right or prectude anotherowner of a vested waer rigrrt fiom seeking rerdr ii " .lrii-rrt action.2) The construction of this wett shall be ln compliance with the water welt construction and pump tnstaltation Rules2 ccR 4t2a' ullgf approral of a varianci n*- G^ g;** by the state Board of Examiners of water weflconsruction and Pumi instattaion Contraaors in accordance with Rule 17.3) Apprwed pursuart to cBS 37'92602(3Xb)00(A).as ?Ieappti:*ion Lor expired permit no. lgwz,,and as rhe.ontywell on a tract of land of 40 acres desdiiredaih" si17-"f the sE lt4?s"Llr, Twp. 7 south, Rng. 89 westof the 6th p.M., Garfietd County.
4) 'The use of ground tJvater from this well ts limited to ordinary.household purposes inside three (3) single familydrellings, fire pro!:ction, the watering of pouftry, d;r;i;;imats, and tivestooi on farms and ranches, and theirdgation of not o/er one (1) acre of Eome garcrens and rarrs.
5) The ma:<imum pumping rate shalt not o(ceed ts GpM.
6) The retum floirr hom the use of the well must be through an indMdual waste water disposal system of thenolrevaporative type where the water is retumed to tf" Grn" srtream system in which the well is tocated.n This well shalt be constructed not more than 2oo feet from the-tocation specified on this permit, and not more than200 feet from the locaion decreed for the Homik weu r.ro.-i in case no. 80cw098.
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDMONS OF APPROVAL
NorE: This welt was decreed ln Division 5 water court case no. gocwogg as the Homik well No. 2
ID tnd'tY
0[/1/IVEB,S C,py
Receipt No. 0gZ5629
a
etefilr
By
DATE rssilEo, N()y 15 r994 EXPIRATION 1 5 t996
APPRO\ED
o
DISTRICT COIIRT, WATER DTWSION NO. 5, COLORADO
Case No. 94CW201
RI]LING OF THE REEEREE
o
):
:.i COrv'.6lNEO CCUST
1aA?IlcLC C'2iJNTY' CO
DEC 1 g 1994
---------EEE.'<
The above-9ltitled application was file.d on August 3l, Lgg4, and was referred to theWater Referee for Water Division No. 5, State of Colo-rado, by the W.t , Judge of said Courtin accordance with Article 92 of Chapter 37, c.R.s. iglg, known as the water RightDetermination and Administration Act of tgOg.
The undersigled Water Referee, being fully advised of the contents of the application,having made such irivestigations as are necessary and being fully advised-with ,oi..t to thesubject matter of the application, does hereby make the following determination -d nufng ofthe Referee in this matter.
CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
KURT A. GRoNAU AND srEvEN ORENSTEIN, in Garfield counry, cotorado
1. The name and address of_tfre Applicants is Kurt A. Gronau and Steven orenstein,Grosvenor center, Makai Tower, 733 Bishop
-strot,
suite 2775, Honolulu, I{I 96g13.
2. The statements in the application aJ,e true.
3. Description of conditional water right:
A. Name of stnrcture: Hornik Well No. 2.
B. Date of original decree: October 15, 1980, in Case No. goCW9g, in theDistrict Court in and for Water Division No. 5.
C. Location: The well is located in the Southeast lt4 ofthe Southeas t lt4 of
section 21, Towns{r- 7 s_outtr, Range g9 west of the 6th p.M., at a point
1,000 feet North of the south line and g00 feet wesr of ttre iast line of
said Section 21.
D. Source: A well having a depth of 300 feet and being tributary to the
Colorado River.
F:UILES\GRONAU.SRU
DcccoEcr 16, 199{
o o
Ruling of the Referee
Case No. 94CW20t
E.Appropriation date: August Z, 1979.
Amount: 0.033 c.f.s., conditional.
F' Use: Domestic, household purposes, livestock water, fire protection andlawn and garden irrigation purposes.
4' OnAugust 3l,lgg4,as-directed by the Court, the Applicants timely filed, in thewater court for water Division No. 5, ur Appti-cation for rinaing of Reasonabli ougence inthe development of this conditional water righl previously awarded in Case No. g0CW9g.
5. No statements of opposition were frled to the Applicants.
6- The Applicants have submitted a detailed outline of the work performed and theexpenditures made during the diligence period toward the development of the iubject conditionalwater right.
7. The Referee,.having examined the information submitted by the Applicants, and
laving completed the investigations necessary to make a determination in ihi, ,n.tt.r, does findthal the Applicants have shown reasonable diiigence in the development of the conditional waterright previously awarded to the Hornik Well No. 2 in the amount, at the location and for thepulposes as described in Paragraph 3, above; and therefore concludes that the above-entitledapplication should be granted, &d the conditional water right be continu;d in fu1 force andeffect.
Should Applicants desire to maintain the conditional water rights continued herein, anApplication for a Finding of Reasonabls piligence shall be filed in ttre month of ,20-, unless a determination has been made prior to that date that such conditionaQfls-naue
been made absolute by reason of the completion of the appropriation, or are otherwiseidisposedof.
It is accordingly oRDERED that this Ruling shall be filed with the water Clerk subjectto Judicial review.
It is further ORDERED that a copy of this Ruling shall be filed with the appropriateDivision Engineer and the State Engineer.
F:\FILES\GRONAU.3RU
Dcccobcr 16. 1994 -2-
a o
Ruling of the Referee
Case No. 94CW20l
rr1
Dated this I f day of 1gg \(
BY
2
a/-'-
4^ tL'/'2''ly'
Water Referee
Water Division No. 5
State of Colorado
*21::z
No protest was filed in this matter. The foregoing Ruling is confirmed and approved,
and is made the Judgment and Decree of this Court, and the month and year for filing an
Application for Finding of Reasonable Diligence shall be JANUARY ?1
-Dated this 12-day of ,4.*.-(6..-.., , lgg.i.
'Gz
.WATER JUDGE
?2 a(- o<-J' / J
F:\FIIIS\GRONAU.3RU
Dmbcr f6, 199{-3-
oo
DBpanTMENT or ETuERGENcv SpRVTcES
EMS . FIRE RESCUE
Memo
To:Mr. Michael Blair
From:Asst. Chief Jack Jo
Date December 5,1995
Subject: Gronau proposed Subdivision Exemption
I have received your letter in reference to the Gronau property and I offer the followingcomments for your information:
The property is within the boundaries of the Glenwood Springs Rural Fire protection District andfire and medical response will continue to bc provided to the area. As best that we can tell, onlyone dwelling is proposed at this time. Mr. Gronau needs to be advised that if he proposes to
H:r^9*elop the property by adding more homes, provisions of the uniform Fire Code may belmposeo.
These requirements would include proper access roadways, road widths, grades and surfaces.Water supply for fire flows would also be required. ----' o---vv
If you have any questions regarding this information or if the owner would like to discussoptlons for fire protection, please give me a call.
cc: Eric McCafferty, Garfield planning Dept.
806 Cooper Avenue ' Glenwood springs, colorado 81601 . (303) 945-2575 . FAX (303) g45-2 5g7
oD?r
o
04 Dec 95
Hr. Jack Jones,
Assistant Chief
Dept. of Emergency Services
806 Cooper Avenue
Glenwood Springs, C0 81601
Hichael Blai r
cc: L. Leavenworth, Atty.
MICHAEL BLAIR - Planner
'P0 Box 12J
Glenwood Springs, CO 81601
(3031 945-80s8
a
RE: K. Gronau.property (40 Ac.) proposed Subdivision Exemption toGarfield counry (Four Mile Rd. area); the sE+,sE+ sec.zt, Tra,Rggw 64rpm.
Mr. Jones:
Representing property owner l.lr. Kurt Gronau, I recently spoke wi th CaptainBill Harding of the Department about this Proposal. we are requesting "'--"confi rmation that your Department wi I I provide Fi re protection lservicJs andrecommend a Protection plan for his above described Froperty. Mr. Gronau iscurrently constructing. a single family residence on the property and flans-to spl it his Property 'in two with approval of Garf ield couniy.
Your Department last year provided a similar confirmation for the adjacentProPerty spl it by f4r. James A. ln,rin, Jr. Both properties are accessed viaprivate access easement off of County Road 158 (bun' Ktng Drir"), in the pak
l'leadovrs Subdivision Fi I ing 3. Enclosed is a Location MIp for. if," property.
t'/e wi I I appreciate-your prompt response, to my above address, and if yourequire additionar information we wili be grad to provide.
Thanks for your assistance!
Respectful ly,
il,,Arh.
fO39 CEFff FCAIE _
rNTY <tpf a&!,
,qELCATTCN SUR[/E]/
:7TO r 2t
" AF TTIE 6th P"A[.
W,LDC Dec. 95.
PROP0SED SUBDtVIStON ExEHpTl0N for 2 |_OTS
Four Mlle Cr. Area, So. of Oak Headows Sub.
Scale: I ln.= apprx.2OO ft.f(lr{| xo- 5 nf6al
st
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GR0NAU PRQPERTY - 4o AcKURT
s i dence under
construction.
J':.C'
tI
LOYAL E. LEAVENWORTH
JAMES S. LOCHHEAD
SHERRY A. CALOIA
THOMAS L ADKISON
HAYDN WINSTON
Mr. Kurt Gronau
Suite 909, Pioneer pla"a
900 Fort Street Mall
Honolulu, HI 96813
LEAVET\TWORTH & LOCHIIBAD, p.C.
ATTORNEYS ATLAW
January 25,1993
1011 GRAND AVENUE
P.O. DRAWER 2O3O
GLENWOOO SPRINGS, COLORADO 81602
TELEPHONE: (303) 945-2261
FAX: (303) 94$73i,6
KURT A.
Re:
BEGEOVtr
/'[g _ t i99J D
VIA FAX
GRONAU
I am writilg- to -convey the results of our investigations concerning the subdivisionexemption potential for the parCel you are under contract to buy from Edith Hornik. As I statedin my January 18, 1993, letter, Section 8:524 of the Garheld County Subdivision Regulationsallows for a subdivision exemption only if no more than a total of four parcels will be createdfrom a parcel as it existed in the county's records on January l, 1973. It is my conclusion thatafter Ms' Hornik'sconveyances to you and the Irwins, the propertv *"y1" divided into twomore parcels and still meet the requirements of section g:52.
According to the County records-, the Quimbys in September of 1972 conve.yed the F^s6ll2 of the southeast 7/4 of section 21, along*itr, -6n"r distinct parcel, to Howard Motz, whoin october of 1972 T.|r?Y"d the parcel tolosef and Edith Hornik as joint tenants. In July of1974, the Horniks split this p-."i, and Edith took the southeast U4 in her name while Joseftook the Northeast 1t4 n hii name. However, I would not consider this a subdivision, sinceelith in August of 1978 again took title to the entire trqst ll2of the Southeast 1/4. She has not
Tud: any conveyances since that time_ and, therefore, the parcel now is the same as it was inthe county records.T.gf {Tr".y 1, 19J3.
'rrr" p"noi;;';., ro you and the Irwins wi1 crearetwo parcels from Edith's
-8O-qcre parcel, Ieavingihe poientia foriwo additional parcels. Sincethe Invins ha"'e told me they:ha't e no currerlt pi*, io. tire parcel they plan to buy, it does notappear that the subdivision restrictions in 8:524 pose a current-threat to your development plans.For your convenience, I have enclosed copies or tn. aeeas discussed in tt i,letter. Finally, itdoes appear that the counry would wanr a30-foot access ;;;;;;r;;" rrwin parcer.
If you have any questions concerning this matter, please feel free to give me a caII.
Very fruly yours,
Dear Kurt:
LEL:rln
LEAVENWORTH &
C:\FILES\GRONAU.ILT
E.worth
, P.C.
;.larr- 29-96 A2:24P o P-Olo
tAmuEl.sox putP co. !}{c.
P.O- AOX 297
GLENWOOO SPRINGS
coLoFADo 81602
WATER SYSTEMS
SALEg. SERVICE & INSTALLATION
94s-6309
t{arch 29 r 1996
Kurt Gronau
0288 Sun King Dr.
Glenwood Sprl,ngs, Co.81 602
Attnr' Kurt
This IeEEer is in resonse to your questions on the well
on your property at 0288 Sun King Dr- On October 13, t995 a
4 hr. weII test was conducted on the well. I have lnclosed
a copy of it. The rsell had only 1/2" of drawdown in 4 hrs.
of pumplng. This indlcates that the well would have a totalproduction lnuch greater than the pumping rate of 20 gpm. I
would expect to see similar results if we had pumped this well
for 24 hrs. thl-s well vas pumped at a relative lout time of
the year. If you have anJ, quesEions please call me Raun
Sarnuelson at 9{5-6309.
Sincerely I
Raun Samuelgon
t*1ar-29-96 o2:26p o
sAmuELSo]t PUHP CO. tr{C.
o P-Ol
P.O. BOX 2s7
GLENW@D SPRINGS
coLoRADO 81502
81 601
WATER SYSTEMS
SALES. SERVICE E INSTALIATIoN
945-6300
February 9, 1996
On October 13t 1996 a well test, was conducted on a ne*well on the Gronau property at O2gg-Sun-Xin9 Dr. The followinginformatlon was obealnld; -
Kurt Gronau
0288 Sun King Dr.
Glenwood Sprlng, Co.
Fax # 945-71 S0
Attn; Xurt
Sj.ncerely;
WeIl Depth---Casing size (topl _____-7
Pump setting-Standing water level--_Itlax drawdoun ab 20 gpm----Production is greatei tfran
-540'-0"
" ( steel )-500'-0"
-430'.*2"430'-2 1 1 2"20 gpm
This test was conducted with a 5 hp. Goulds test1 8GS. If you have any questions please'catl me Raunat 945-5309_
purnp Model
Samuelson
E*
Raun Samuelson
CIM.
Fax eu45 6805
NEUMAN
CONSTF|UCTION CO
,4a 4/B/q/
DU NETIUAN CONST o Ui
t3o3) 945-7502
31O lSIhSba.t. P.O. gd 2317(lomd Sprrrgt. Cobrodo 8't@8
F A (.: s r H t L. E . T.RA! I,\-U LLUL __ yjs _. g !5 =6 -g- E Q
TO: I(ur!-..0ron_cu
fax: 9{5-7150
DATE : -_._{13_9_{i____
Total Pages, f nclrrding Ttri s Sheet ; -l-
Dear Ku::t.:
Jackie gave ne the message; I was sorry to hear Ehat yoursubdiwioion exernpl,.ion !d&a &6ain denied.
r have always gotten along well with the people at the ArgonautRansh an<l fccl trrdl.v l.h;rl, r,hi s .si t.rraf,i on sdic:ms l.o tre at. ast*ndsti 1 1. I guess I am also surprised at the reacrion since rI{Bs at tlre Argonattt ttanclr last sunmer tal.krng to John ( ranchmanager,/careLakerr I treJ.ieve ) on another maLLer anrj r,he -srrb,ier;1, ot'yorlr home rJ It! (:()me ttp. T mentlonecl th&t, rde hecl bullt the lrwl.ns,
home , and sere prepar inB to start your home . No rregn r, i vc: r.ea(: r, i ()1was noticerl , antt l.lre srth,ject never came rrp agein.
On a more pr>sitive noLe, evoryorle had a greaL Lime Fr.irlny. lle lr>t:kforward to se:e irrg .y.rr, ag,ai n.'A,L
I)rrnna M. Ncrrm;r
President
a t