HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursusant to C.R.S. (1973) Section 30-28-101 (10) (;a) - (d) as
amended, and the Subdivision Regulations of Garfield County, Colorado,
adopted April 23, 1984 Section 2:20.49, the undersigned
Walter and Viola Huber
respectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of 20 acre tract of land into 2 tracts of.
approximately 121 and 61/2 acres each, more or less, from the definitions of
"subdivision" and subdivided land" as the terms are used and delined in
C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County
Subdivision Regulations for the reasons stated below:
For the purpose of sale of one of the parcels, and to decrease our taxes
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SUBMITTAL
SUBMITTAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with
all the following information.
A. Sketch map at a minimum scale of 1"=200' showing the legal
description of the propert:y, dimension and area of all lad 'or
separate interests to be created, access to a public
right-of-way, and any proposed easements for drainage,
irrigation, access or. utilities;
B. Vicinity map at_ a minimum scale of 1"-2000' showing the general
topographic and geographic relation of the proposed exemption to
the surrounding area within two (2) miles, for which 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
from the property owner(s) if other than the applicant; and
D. Names and addresses of owners of record of land immediately
adjoining and within 200 feet of the proposed exemption, mineral
owners and lessees of mineral owners of record of the property to
be exempted, and tenants of any structure proposed for"
conversion; and
E. Evidence of the soil types and characteristics of each type; and
Proof of legal and adequate source of domestic water for each lot
created, method of sewage disposal, and letter of approval of
fire protection plan from appropriate fire district; and
G. If connection to a community or municipal water or sewer system
is proposed, a letter from the governing body stating a
willingness to serve; and
H. Narrative explaining why exemption is being requested; and
I. It: shall be demonstrated that the parcel existed as described on
January 1, 1973 or the parcel as it exists presently is one of
not more than three parcels created from a larger parcel as it
existed on January 1, 1973.
J. A $100.00 fee must be submitted with the application.
Walter and Viola Huber
Petitioner
1793 Road 245
Mailing Adre_ss,
New Castle, CO 81647
City St:ate
984-2133 (harae) 945-9424 ( work)
Telephone Number
EXEMPTION
APPLICABILITY
The Board of County Commissioners has the discretionary power to exempt a
division of land from the definition of subdivision and thereby from the
procedure in these Regulations, provided the Board determines that such
exemption will not impair or defeat the stated purpose of the Subdivision
Regulations nor be detrimental to the general public welfare. The Board
shall make exemption decisions in accordance with the requirements of
these regulations. Following a review of the individual facts of each
application in light of the requirements of. these Regulations, the Board
may approve, conditionally approve or deny an exemption. An application
for exemption must sat=isfy, at a minimum, all of the review criteria
listed below. Compliance with the review criteria, however, does not
ensure exemption. The Board also may consider additonal factors listed in
Section 8:60 of the Subdivision Regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling
units will be created from any parcel, as that parcel was described in
the records of the Garfield County Clerk and Recorder's Office o►►
January 1, 1973, and is not a part of a recorded subdivision; however,
any parcel to be divided by exemption that is split by a public
right-of-way (State or Federal highway, County road or railroad) or
natural feature, preventing joint use of the proposed tracts, and the
division occurs along the public right-of-way or natural feature, such
parcels thereby created may, atthe discretion of the Beard, not be
considered to have been created by exemption with regard to the four
(4) lot, parcel, interest or dwelling unit limitation otherwise
applicable;
B. All Garfield County zoning requirements will be met; and
C. All lots created will have legal access to a public right-of-way and
any necessary access easements have been obtained or are in the
process of being obtained; and
D. Provision has been made for an adequate source of water in terms of
both the legal and physical quality, quantity and dependability, and a
suitable type of sewage disposal to serve each proposed lot; and
E. All state and local environmental health and safety requirement, have
been met or are in the process of being met; and
F. Provision has been made for any required road or storm drainage
improvements; and
G. Fire protection has been approved by the appropriate fire district.
H. Any necessary drainage, irrigation or utility easements have been
obtained or are in the process of being obtained; and
I. School fees, taxes and specialassessments have been paid.
(The School Impact Fee is $200.00 for each new lot created).
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms
provided by the Garfield County Department of Development/Planning
Division. Two (2) copies of the application, maps and supplemental
information shall be submitted.
B. The Planning Division shall review the exemption request for
completeness within eight (8) days of submittal. if incomplete, the
application shall be withdrawn from consideration and the applicant
notified of the additional information needed. If the application i,
complete, the applicant shall be notified in writing of the time and
place of the Board of County Commissioners meeting at which the
request shall be considered. In either case, notification shall occur
within fifteen (15) days of submittal.
• •
C. Notice of the public meeting shall be mailed by certified mail, return
receipt requested, Lo owners of record of land im►nediately adjoining
and within 200 feet of the proposed exemption, to mineral owners and
lessees of mineral owners of record of the land proposed for
exemption, and to tenants of any structure proposed for conversion.
The exemption site shall be posted clearly and conspicuously visible
from a public right-of-way with notice signs provided by the Planning
Division. A11 notices shall be mailed at least fifteen (15) and not
more than thirty (30) days prior to the ►neeti.ng. The applicant shall
be responsible for .mailing the notices and shall present proof of
mailing at the meeting.
D. At or within fifteen (15) days of the meeting, the Board shall
approve, conditionally approve or deny the exemption request. The
reasons for denial or any conditions of approval shall be ::et forth in
the minutes of the meeting or in a written resolution. An applicant
denied exemption shall follow the subdivision procedure in these
Regulations.
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_ - Ib' SEC 25
ion of the $oard of County Commissioners
this day of
clerk—WIZ Recorder oi-f e
T -E ra--' tA.D.
es that the information shown hereon is
•icate that this plat is exempt from and
r Garfield County Subdivision n^cnfln,;
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i)arcel it•lana of/Wet d in ttie Sii100711,NEkNlik,Section 25, Toiwnahip 5 South, Range
91.,lies; of eh:•Sixth 'Rripcipat,Metidiin, lying lieeterly of the Eae�,01k Greek
tpriige,:' Flo her1' bf atd $act on 25, Easil,�-Wee: Centerline, Wed ter y of maid' ,
met}ori 3 #lt'Bo�j tliPtarllni a ,rS tw.itktl,)' ell,elle �QQJt1twt Sterlif:t'ight-ek'.w1Iy
of: C01,41413+0bd S0...2496 Sh amore pi i t arty ,4aactibed, he folic -we:
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.;''Neginntng at the North' quarter Corner ,of snid Section 254' a rebar and cap in
•;place; thence S. 18°57'S3InW.�'1212.03 feet,to,a point on said right-of-way,
flsobeing.a point on'a lane centerline, the "True" point of beginning; thence
85.22 feet along a curve to the'right, along'eaid right-of-way; having a-rediue -
622.38 feet and chord of which bears:. P. 15'08"13" E,. 85.15 feet, thence $.• 11°
12'52" E„ 403.91 feet. along said right-of-way; thence',221.39 feet' along 8•Curve to
'the left; along said right-of-way, having p radius 691.54 feet and chord
'of which bears: S. 2023'08" E., 220.44 feet; thence S. 29°33'25" E., 350.91
feet along said right-of-way; thence 76.24 feet along a curve to tM,e left, along
paid right-of-way, having a radius of 349.99'faet, and chord of Which bears:
8. 35°47'50",E, 76.09 feet. to a point on said Section 25 North-South Center-
line; thence' leaving said right-of-way, S. 00°02'00." E., 416.62,feet:along
said Ngrth-South centerline to as point on said Section 25 East-West,'center-
line, the center of said.Section'25, a rebar and cap in place; thence leaving said
North-South centerline. S. 8911'40" W., 436.05 feet along said East-West center-
line to a point on said East L>1k Creek Centerline: thence leaving said East-
West' centerline', N. 11'18'50" W., 124.86 feet' along said Creek centerline; thence
N. 32°45'30" W., 112.71 feet'along said Creek centerline; thetics N„52'22'14"
171.59 feet'n10ns aaid.Cteek centerline; thence N. 17°24'50";W., 250.85 feet along
• 'said Cieek,centerline; thence 11,.19°15'48" W., 165.05. feet along said creek center-',
line= thence N. 34P4R'38;',{,;, 77.46 feet along laid Creek Centerline; ,thetite
•10. 10°15'22" E.;' 222.73 feet along,eeia,Creek`centerline; thence N,' 33•48'27"'W,-„);.
`108.68 feet along acid Creek centerline; thence N. ,28°27' 36":W.i,' 541.19' feet: along ,, ';
said Creek centerline to ;a point' on the aid 1 ane `,centerline; . thence :leavi,n' i sat,d; ' `
iicteek c pre line,:N. 55°41°19" 1., 85.29 feet along said. lane conterlitne;:ttlenca •
'N. 60°06103" E.,`663.57•f.aet. along said, lane centerline to a, point,c:n.,�*id 'road,
right-of-way;' the 'True".i;oint:of;beginning; • ,'
} :.••,tcr\ shove descrilled karce.l.contaipaf 19,34,&ierie, tiers-at''.1pege
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thence' N,•00°02!00" W. 314.25 feet along said, centerline; tl
N., 37°56'07",W. 189.33 feetalong said centerline; thence N.
07°14'00"..W, .49.00 ,feet along said centerline; thence N, 19°4
3q>99 00" W, 59.00 feet• ;elcsng''said centerline; thence N, 26°25'00"
cti,SYs°�7;f'a�L` ' *pat lilting sold 'Cent rline; 'thence N. 22°51'00" V. 76.00,feet
\ 74:09 t'.•V , Feld tenter}ine; thehee N. ` 37'18'00" W, 91.00, fEet. 11011g said
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'lc 06°45'00". E., 82.00 feet. a1o+1g ,said centerline; thence N.101,•'''''
. 97;00 feet along said centerline; thence N, 13°50'00"'W, 53.00
'00" W. 86.00 feet. along maid centerline; thence N.; 07°39'0QT"
' 'tee:alotjg safd,centerline; thence N. 15°26'00" W. 84.00 feet along
raid centerline; •.tlieryce N, 23'48'04". W. ,7.00 feet along said, •
•,nenterline; thence N. 10°37'00" W.32.09'feet along said centerli'i
co a point in the rcente;'of.an e:listifig'lane; thence N.60°06'03"
0. 62.00 feet to a.,point on the Westerly•right-of-way line of
said County Road, whence the North Quarter corner of said Section
f15 bears: N, 18°57'53" E. 1212.03 feet.
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• GARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
December 16, 1991
Walter E. Brown, III
P.O. Drawer 2010
Glenwood Springs, CO 81602
RE: Walter Fluber Exemption request
Dear Walt:
The Board of County Commissioners authorized a 30 day extension of time for your client to
file his exemption plat.
If you have any questions, do not hesitate to call.
Sincerely,
Andrew C. McGregor
Planner
ACM/rlb
xc: Walter Huber
109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601
WALTER E. BROWN 111 •
ATTORNEY AT LAW
309 8TH STREET
GLENWOOD SPRINGS, COLORADO 81 601
(303) 945-2361
FAX 945-8903
DEC 1 0 1991
MAILING ADDRESS:
P.O. DRAWER 2010
GLENWOOD SPRINGS, CO 81602
December 10, 1991
Garfield County Commissioners
Andrew McGregor
109 8th Street Suite 303
Glenwood Springs, CO 81601
Re: Walter Huber Exemption request
Dear Mr. McGregor:
Pursuant to your letter of August 14, 1991, Mr. Huber was to
file a plat and comply with other conditions pertaining to the
exemption approved on August 12, 1991 within 120 days of said date.
As of this date, Mr. Huber has been unable to file said plat or
comply with said conditions.
I would like to request an extension of '0 days to comply
with the requirements listed in your letter of August 14, 1991.
Please feel free to contact me with your questions or comments
regarding this request.
Kindest regar
W it/E. rown III
WEB/ds
ROY ROMER
Governor
876
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street -Room 818
Denver, Colorado 80203
(303) 866-3581
FAX [303] 866-3589
September 12, 1991
Mr. Andrew McGregor
Garfield County Regulatory Office
and Personnel
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Huber Subdivision Exemption
SE1/4, NW1/4, Section 25, T5S, R91W, 6TH PM
Water Division 5, Water District 39
Dear Andrew,
JERIS A. DANIELSON
State Engineer
91 P�,�n, �� In
SEP 19 1991 jjj
GA I t -IL .0COUNTY
We have reviewed the above referenced proposal to subdivide a 20 acre parcel into two
parcels. Parcel A will have 12.77 acres and Parcel B will have 6.5 acres. The property is located
north of the Town of New Castle. Parcel A is served water from a domestic well, Permit Number
157302, and Parcel B is served water from a well on an adjacent property, Permit Number
146453, which serves the adjacent property and Parcel B.
The applicant is requesting approval from the County of an exemption with the
aforementioned existing water conditions. According to Dwight Whitehead, the well inspector in
Glenwood Springs and the applicant, there will be no change in the water supply system nor an
increase in the number of dwellings served. Based on this, we recommend approval of this
exemption.
Should you have further questions regarding this submittal, please contact this office.
Sincerely,
,<)/r-
9(IL
T. Sappington
Water Resources Engineer
JTS (f)/clf: h u ber
cc: Orlyn Bell, Division Engineer
James Lemon, Water Commissioner
Bruce DeBrine
=G�
Form No.
GWS -25
APPLICANT
OFFICE OF THE TE ENGINEER
COLORADO DIVISI N OF WATER RESOURCES
818 Cantennial Bldg., 1313 Sherman St., Denver, Coloraao 30203
(303) 866-3581
•
LIC
WELL PERMIT NUMBER 15 3O2 J�/
DIV. 5 CNTY. 23 WD 39 DES. BASIN
10
WALTER HUBER
1793 RD 245
NEW CASTLE, CO 81647
PERMfT TO CONSTRUCT A WELL
APPROVED WELL LOCATION
COUNTY GARFIELD
SE 1/4 NW 1/4 Section 25
Twp 5 S , Range 91 W S P.M.
DISTANCES FROM SECTION LINES
17 5 0 Ft. from North Section Line
2200 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDMONS CF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a residential site of 1i acres described as
that portion of the W 1/2 of Sec. 25, Twp. 5 S., Rng. 91 W. of the 6th P.M., Garfieid County, being more particularly
described on the attached exhibit 'One'.
3) The use of ground water from this well is limited to ordinary household purposes inside a single family dwelling and
the watering of the users noncommercial domestic animals. The ground water shall not be used for irrigation or
other purposes.
4) The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
5) The maximum pumping rate shall not exceed 15 GPM.
6) This well shall be constructed not more than 200 feet from the location specified on this permit.
•777.6 /Z -`1a
APPROVED:
MAM
Stats cnelraeer
Receipt No. 0305898
�," "
By
DATE ISSUED JUN i 4 1990EXPIRATION DATE JUN 1 4 1992
'NRJ•25-
TYPE OP.
PRINT IN BLACK INK.
'Y OF ACCEPTED
-EMENT MAILED
REQUEST.
THE AFFIANT(S)
whose mailing
address is (..) 7
I�_t.`ll'.
N 1 I 'RECEIVED
COLOR* DIVISION OF WA r.a:CE-5 RCES
818 Centennial Bldg., 131..`Sh'erman
Denver, Colorado X80203:
STATE OF COLORADO �` J
COUNTY OF /c/
Rii8iiRC
S ] EHG1IiEE>t N 419 8 6
4 rER RE$glRces
AF FI DANI TE
STATEMENT OF BENEFICIAL US'E F-.GRQUND:
AMENDMENT OF EXISTING RECORD
X LATE REGISTRATION
/t"vSJC//
City
PERMIT NUMBER
-TV.
(VISION COPY
14645.3 LOCATION OF WELL
PCP l9✓
Co
460227
(Sur( IIIPI
County 7cr/4/;:r/cif
JNG✓ of the Yr, Secrlon 1
Twp. .S S Rng. 9/ j."/ P
•N OR JP wl
being duly sworn upon oath, deposes and says that he (they) is (ore) the owner( s) of the well described hereon; the well is
located as described above, at distances of All' feet from the /\""/ section line and / G c' feet from the
IpOP r.. oP e0urrl
section line; water from this we(I was first applied to a beneficial use -for the purpose(s) described herein on the
day of 19'417 ; the maximum sustained pumping rate of the well is 2 5 gallons per minute, the pumping
claimed hereby is
.2 gallons per minute; the total death of the well is 410 feet; the average annual amount
of water to be diverted is / YZ
acre-feet; for which claim is hereby made for
*r►• e
purpose(s); the legal description of the land on which the water from this well is used is
of which
/4t acres are irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in
. compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he
(they) has (have) read the statements made hereon; knows the content thereof; and that the same are true of his (their) knowledge.
(9OMPLETE REVERSE SIDE OF THIS FORM)
Signature( s)
Subscribed and sworn
to before me on this day of 19
My Commission expires:
ISI •U
woT.P♦ Pue14C
ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO
PURSUANT TO THE FOLLOWING CONDITIONS:
1) IN ACCORDANCE WITH C.R.S. 37-92-602(5) FOR HISTORIC
JSE AS INDICATED BELOW AND DESCRIBED IN C.R.S.
37-92-602(1)(e).
_') WELL PRODUCING 25 GPM OR LESS AND USED FOR
)R1 RY HOUSEHOLD PURPOSES IN 2 SINGLE FAMILY
)WELLING(S), FIRE PROTECTION, THE WATERING OF DOMESTIC
1NIMALS AND POULTRY AND THE IRRIGATION OF NOT OVER 1
‘CRE OF HOME GARDENSt' AND LAWNS. ',IN, v (,
DEC 16 1986
G,„(4
Court Cuse No.
Prior.
FOR OFFICE USE ONLY
Mo.
Day Yr.
Sec. �.
Well Use
Dist. Basin _.. Man Des
:).1E
0
a0 r
TH
E SCALE OF TI
+ _
SOUTH SECT
•
Well drilled by
R ermanent
Pump installed by
Meter Serial No.
❑ Flow Meter
Owner of land on which
water is being used /" / f / ,-
Date Installed
•
Lic. No.
Lic. No.
THE LOCATION OF THE WELL MUST BE SHOWN AND FOR LARGE CAPACITY IRRIGATION WELLS THE
AREA ON WHICH THE WATER IS USED MUST BE SHADED OR CROSS -HATCHED ON THE DIAGRAM BELOW.
This diagram represents nine (9) sections. Use the CENTER SQUARE
(one section) to indicate the location of the well, if possible.
NORTH
+
0
z
r—
z_
m
NORTH SECTION LINE
IE DIAGRAM IS
LION LINE
TWO INCHES E
f _
-ie.
+
+
w +
z
J
z
0
0
W
QUALS ONE -MIL
-1--
+
E
I
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep.
1 cubic foot per second (cfs) . . . 449 gallons per minute (gpm).
1 acre-foot . .. 43,560 cubic feet 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
100 gpm pumped continuously for one year produces 160 acre-feet.
(WHITE AND PINK COPY TO BE FILED WITH THE STATE ENGINEER
PINK COPY WILL BE RETURNED TO OWNER) -
IIMM
•
EXI-IIBIT A
A parcel of land situated in the NE4NW3/4 and in the $E1/4NW4, Sec. 25, T. 5
South, Range 91 West of the Sixth Principal Meridian, lying
Easterly of the East Elk Creek Centerline, Northerly of said Section
25 East-West Centerline, Westerly of said Section 25 North-South
Centerline, and Southwesterly of the Southwesterly right-of-way
of County Road No. 245, and being more particularly described as
follows:
Beginning at the North Quarter Corner of said Section 25, a rebar
and cap in place; thence S. 18°57'53" W. 1212.03 feet to a point on
said right-of-way, also being a point on a lane centerline, also being
a point on the Southwesterly side of County Road right-of-way, the
True Point of Beginning: thence :along said County Road the following
courses and distances: 85.22 feet along a curve to the right, having
a radius of 622.38 feet and chord of which bears: S. 15°08'13" E.
85.15 feet; thence S. 11°12'52" E. 403.91 feet; thence 221.39 feet
along a curve to the left, having a radius of 691.54 feet and chord
of which bears: S. 20°23'08" E. 220.44 feet; thence S. 29°33'25" E.
350.91 feet; thence 76.24 feet along a curve to the left, having a
radius of 349.99 feet, and chord of which bears: S. 35°47'50" E.
76.09 feet to a point on said Section 25 North-South Centerline;
thence leaving said right-of-way, S. 00°02'00" E. 416.62 feet along
said North-South Centerline to a point on said Section 25 East-West
Centerline, the ':snter of said Section 25, a rebar and cap in place;
thence leaving said North-South Centerline, S. 89°11'40" W. 436.05
feet along said East-West Centerline to a point on said East Elk
Creek Centerline; thence leaving said East-West Centerline, along the
centerline of creek the following courses and distances: N. 11°18'50"
W. 124.86 feet; thence N. 32°45'30" W. 112.71 feet; thence N. 52°22'14"
W. 171.59 feet; thence N. 17°24'50" W. 250.85 feet; thence N. 79°15'48"
W. 165.05 feet; thence N. 34°48'38" W. 77.46 feet; thence N. 10°15'22"
E. 222.73 feet; thence N. 33°48'27" W. 208.68 feet;thence N. 28°27'36"
W. 54.19 feet to a point on the said lane centerline; thence leaving
said creek centerline, N. 55°41'19" E. 85.29 feet along said lane
centerline; thence N. 60°06'03" E. 663.57 feet along said lane
centerline to a point on said road right-of-way, the True Point of
Beginning.
Together with 57.2 per cent of the 0.8 cfs out of Priority No. 145A
awarded the Haggarty Enlargement of the Coryell Ditch, which is hereby
conveyed without covenants of title.
Huber
May 25, 1978
RE: Miller to Huber closing
The undersigned agree that their rights and obligations
to execute at closing joint use agreements pertaining to
the lane used for ingress and egress and the domestic water
well as set forth on annexed photocopy of Exhibit B, shall
survive the closing of our purchase and sale transaction on
this date and shall continue to be effective and shall inure
to the benefit of and be binding upon the undersigned and
our respective heirs, successors and assigns.
Sidney )ler
Walter Huber
vied -12.494J
Viola L. Huber
EXHIBIT T3 - Attached to an forming a part of Specific Performance Contract
dated January 27, 1978, between Walter Iluber and Viola L. Huber as Pur_chasc-
ers and Sidney Miller and Rhoda Miller as Sellers.
The above identified contract is subject to the following additional
provisions:
(a) Seller shall cause the subject property to he surveyed by a sur.vevor
licensed in the State of Colorado which survey shall include the
following:
(i) Location of County Road 245 and lane used for ingress and
egress pinned; and
(ii) Twenty foot easement along County Road 245 to be used by the
40 acre parcel to the south,
(iii) Plat of survey certified by the surveyor.
(b) Purchasers and Sellers shall execute at closing joint use agree-
ments pertainincr to the lane used for ingress and egress and the
domestic water well. The joint use agreements shall provide as
a minimum:
(i) Purchasers shall be obligated to provide one-half of the
costs and expenses of the maintenance of the lane;
(ii) Purchasers shall be entitled to one-half of the water from
the domestic water well; they shall be obligated to provide
one-half of the costs and expenses of usacie and maintenance
thereof; the rights of each of the parties to the use of the
water well shall be assignable only to subsequent purchasers
of the respective properties upon which the water is presently
used; and the r.esnecti.ye quantities of use of each of the
parties shall be limited to the extent of use now existing.
(iii) Purchasers and Sellers agree to install a senarate electric
meter to measure the amount of electricity used in connection
with use'of such water well, the expenses of installation and
of electricity so used thereafter to be divided equally between
Purchasers and Sellers.
(6) Seller shall forthwith apply for an exemption from the previsicns
of Senate Bill 35 and the (;arfield COunty Subdivision Regulations
which will allow the conveyance of the subject property to the
purchasers as herein provided. At Sellers' request, Purchasers
shall cooperate in such exemption process. Such written approval
shall be obtained on or before April 15, 1979. If such approval
is not so obtained, the within contract shall be null and void,
the earnest money deposited herewith shall be returned to the
purchasers and all parties shall be relieved from all further
obligations hereunder.
(d) It is understood and agreed by the parties that the subject
property is presently the subject matter of a foreclosure suit
brought by The First National Bank of (,lenwood Snrincrs, and is
further encumbered by first and second Deeds of Trust. Seller
covenants and agrees that he will exert every reasonable effort
to negotiate and obtain partial releases of such Deeds of Trust
as they may cover the subject property, and to obtain the release
of such property from said foreclosure suit. However, in the
event he is unsuccessful in doing so prior to or simultaneously
with the date of closing hereunder, this Contract shall he auto-
matically null and void and of no further effect and Purchasers
shall be entitled to the prompt refund of all earnest monies
theretofore paid by them hereunder.
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'ON 11111 11:13d
v
m
Application must
be complete where
opplicab'te. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
PERMIT APPLICATION FORM WATER
VATE ENGINEER
S(, ) A PERMIT TO USE GROUND WATE•
(e) A PERMIT TO CONSTRUCT A WELL 7OMR
FOR: (, ) A PERMIT TO INSTALL A PUMP OWNE PY
( ) REPLACEMENT FOR NO
( ► OTHER
WATER COURT CASE NO
•
(1) APPLICANT - mailing address
NAME 10)/7 -6j --/1U 6e2
STREET /79 - V /2 04 d
CITY A)•gttJ C/1 512_,e C C/ /44zt P //V7
(State) (Zip)
TELEPHONE NO
/33
(2) LOCATION OF PROPOSED WELL
County fC�e%f
''% of the /1/ '/4, Section
Twp.
jam- 5,Rng. ?/ L< , 6T6
(N,S) IE.WI
P.M.
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) / �J
Average annual amount of ground water
to be appropriated (acre-feet): // V
CDO/
Number of acres to be irrigated: A/Alle
Proposed total depth (feet) : / 9
Aquifer ground water is to be obtained from:
Owner's well designation /6.'6./t_ tar
l;ROUND WATER TO BE USED FOR:
() HOUSEHOLD USE ONLY - no irrigation (0)
( 1 DOMESTIC (1) ( ) INDUSTRIAL (5)
( ) LIVESTOCK (2) ( ) IRRIGATION (6)
( 1 COMMERCIAL (4) ( ) MUNICIPAL (8)
( I OTHER (9)
DETAIL THE USE ON BACK IN (1 1)
(4) DRILLER
Name //C.>I(J 1'` C' a)!L/ CY(V/
Street
City
(State) (Zip)
Telephone No. Lic. No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No
Basin
Dist.
(2Ma .u. 1. i.m_ rz- /3-&G
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause
no materi;d injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
1) APPROVED PURSUANT TO CRS . 37-92-602
(3)(b)(II) AS THE ONLY WELL ON A RESIDENTIAL.
SITE OF /4,3'/ ACRES DESCRIBED ASAz a=
S f pNe //, c-
2)
;� f
2) THE USE OF GROUNDWATER FROM THIS WELL IS LIMITED
TO ORDINARY HOUSEHOLD PURPOSES INSIDE A
SINGLE FAMILY DWELLING, AND SHALL NOT BE USED
OUTSIDE THE HOUSE FOR ANY PURPOSE..
3) THE RETURN FLOW FROM THE USE OF THE WELL
MUST BE THRU AN INDIVIDUAL WASTE WATER DISPOSAL
SYSTEM OF THE NON - EVAPORATIVE TYPE WHERE THE
WATER IS RETURNED TO THE SAME STREAM SYSTEM IN
WHICH THE WELL IS LOCATED.- m • f/ /Y -S`,‘•
APPLICATION APPROVED /316/(:)/
1461,01
PERMIT NUMBER
DATE ISSUED NOV 1 4 1986
EXPIRATION DATE
•
Stant(
NOV 1 4 1988
I.D. - `3 9 COUNtY "
F,rm Nc,
GWS -25
APPLICANT
OFFICE OF THE STIP ENGINEER
COLORADO DIVISIOjF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203
(303) 866-3581
NNER'S GO??
LIC
WELL PERMIT NUMBER 157302
DIV. 5 CNTY 23 WD 39 DES. BASIN MD
WALTER HUBER
1793 RD 245
NEW CASTLE, CO 81647
PERMIT TO CONSTRUCT A WELL
APPROVED WELL LOCATION
COUNTY GARFIELD
SE 1/4 NW 1/4 Section 25
Twp 5 S , Range 91 W S P.M.
DISTANCES FROM SECTION LINES
1750 Ft. from North Section Line
2200 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDMONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a residential site of 19.34 acres described as
that portion of the W1/2 of Sec. 25, Twp. 5 S., Rng. 91 W. of the 6th P.M., Garfield County, being more particularly
described on the attached exhibit 'One'.
3) The use of ground water from this well is limited to ordinary household purposes inside a single family dwelling and
the watering of the user's noncommercial domestic animals. The ground water shall not be used for irrigation or
other purposes.
4) The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
5) The maximum pumping rate shall not exceed 15 GPM.
6) This well shall be constructed not more than 200 feet from the location specified on this permit.
X7.777. L---/L-`ia
APPROVED: _
dami4.14-A-
MAM `-
r
State
Receipt No. 0305898 DATE ISSUED JUN 1 4 1 EXPIRATION DATE JUN 1 4 1992
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDMONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a residential site of 19.34 acres described as
that portion of the t,/ 1/2 of Sec. 25, Twp. 5 S., Rng. 91 W. of the 6th P.M., Garfield County, being more particularly
described on the attached exhibit 'One'.
3) The use of ground water from this well is limited to ordinary household purposes inside a single family dwelling and
the watering of the user's noncommercial domestic animals. The ground water shall not be used for irrigation or
other purposes.
4) The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
5) The maximum pumping rate shall not exceed 15 GPM.
6) This well shall be constructed not more than 200 feet from the location specified on this permit.
-777.777. L /Z -?c'
APPROVED:
MAM
State'A. r JUNi 4 1996 By
DATE ISSUED EXPIRATION DATE JUN 1if 992
Receipt No. 0305898
GWS -25
APPLICANT
V I 1V1... V 1 1 1 1L V I I- 1 L 1.- 117_1111 I... 1.-1 tf �' M.Q , J7
COLORADO DIVISION OF WATER RESOURCESUlinr 1 i 1 x_ .. §
818 Centennial Bldg., 1313 Sher, Denver, Colorado 80203
(303) 866-3581
• COPY LIC
WELL PERMIT NUMBER 157302
DIV. 5 CNTY 23 WD 39 DES. BASIN MD
WALTER HUBER
1793 RD 245
NEW CASTLE, CO 81647
PERMIT TO CONSTRUCT A WELL
APPROVED WELL LOCATION
COUNTY GARFIELD
SE 1 /4 NW 1/4 Section
Twp 5 S , Range 91 W
DISTANCES FROM SECTION LINES
1750 Ft. from North Section Line
2200 Ft. from West Section Line
25
S P.M.
Form No.
GWS -25 -
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISIO
F WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203
(303) 866-3581
aP 1NSJ/Li ER'S
COPY L__
WELL PERMIT NUMBER 157302
DIV. 5 CNTY. 23 WD 39 DES. BASIN MD
WALTER HUBER
1793 RD 245
NEW CASTLE, CO 81647
PERMIT TO CONSTRUCT A WELL
APPROVED WELL LOCATION
COUNTY GARFIELD
SE 1/4 NW 1/4 Section
Twp 5 S , Range 91 W
DISTANCES FROM SECTION LINES
1750 Ft. from North Section Line
22 00 Ft. from West Section Line
25
S P.M.
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a residential site of 19.34 acres described as
that portion of the W1/2 of Sec. 25, Twp. 5 S., Rng. 91 W. of the 6th P.M., Garfield County, being more particularly
described on the attached exhibit 'One'.
3) The use of ground water from this well is limited to ordinary household purposes inside a single family dwelling and
the watering of the user's noncommercial domestic animals. The ground water shall not be used for irrigation or
other purposes.
4) The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
5) The maximum pumping rate shall not exceed 15 GPM.
6) This well shall be constructed not more than 200 feet from the location specified on this permit.
X7.77. L -/L -fa
APPROVED:
MAM
StateJUN J By
Receipt No. 0305898 DATE ISSUED 1 EXPIRATION DATE JAN 1 • 1992
Farm- N%.
GWS -25
APPLICANT
OFFICE OF THE STai ENGINEER
"COLORADO DIVISICIF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St.. Denver, Colorado 80203
(303) 866-3581
WALTER HUBER
1793 RD 245
NEW CASTLE, CO 81647
PERMIT TO CONSTRUCT A WELL
4A.)/1
WELL PERMIT NUMBER 157302
LI C
DIV. 5 CNTY 23 WD 39 DES. BASIN
APPROVED WELL LOCATION
COUNTY GARFIELD
SE 1/4 NW 1/4 Section
Twp 5 S , Range 91 W
DISTANCES FROM SECTION LINES
1750 Ft. from North Section Line
2200 Ft. from West Section Line
25
S P.M.
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDi'1lONS OF APPROVAL
1) This well shalt be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a residential site of 19.34 acres described as
that portion of the W 1/2 of Sec. 25, Twp. 5 S., Rng. 91 W. of the 6th P.M., Garfield County, being more particularly
described on the attached exhibit 'One'.
3) The use of ground water from this well is limited to ordinary household purposes inside a single family dwelling and
the watering of the user's noncommercial domestic animals. The ground water shall not be used for irrigation or
other purposes.
4) The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
5) The maximum pumping rate shall not exceed 15 GPM.
6) This well shall be constructed not more than 200 feet from the location specified on this permit.
-277.777. C--/L-7c
APPROVED:
MAM
-,7727� - 227-
State r JUN i 1890 By JUN1�
Receipt No. 0305898 DATE ISSUED EXPIRATION DATE 14 992
•
SiIt-rlew Castle FPD
P.O. Box 216
Silt, Colorado 81652
December 29, 1987
Mark Bean, Planner
Department of Development
Garfield County
2014 Blake Avenue
Glenwood Springs, CO. 81601
RE: Walter Huber, 1793 Rd. 245, New Castle, CO.
Subdivision Exemption
Dear Mr. Bean;
The Silt -New Castle Fire Protection District can furnish adequate
fire protection for this subdivision.
Sincerely,
Keith Crandell
Fire Chief
KC/ep
Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
•
PERM) l APPL)CA I IUN F( WATERItigginaceS
(;') A PERMIT TO USE GROUND ER O ER
( r. ) A PERMIT TO CONSTRUCT A _LL
FOR: (, ) A PERMIT TO INSTALL A PUMP O\INER'SCOPY
( ► REPLACEMENT FOR NO
( )OTHER
WATER COURT CASE NO
(1) APPLICANT - mailing address
NAME /vAL%—P./-- Aft) 6e 2
STREET /79 --2--yc (2O (1 f•
CITY /l /7A) G1 StLe / ( G'///4 -F /l Y'7
(State) (Zip)
TELEPHONE NO X33
(2) LOCATION OF PROPOSED WELL
County /!J- /C3
% of the /1/
1/. Section r
Twp. 5 S Rng. ' / WSJ 6 Tl
tN,SI IE,WI
P.M.
(3) -WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) / �J
Average annual amount of ground water x ►/
to be appropriated (acre-feet) : 1 C
Number of acres to be irrigated: 4./e7tJC
Proposed total depth (feet):
/9s -
DoT
Aquifer ground water is to be obtained from:
�.4s� CIG CSrc�„�
Owner's well designation /414/6912- 44-1(///
GROUND WATER TO BE USED FOR:
O) HOUSEHOLD USE ONLY . no irrigation (0)
( ) DOMESTIC (1) ( ) INDUSTRIAL (5)
( ) LIVESTOCK (2) ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
( ) OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name 1L �Ii/ IC 1
Street
City
(State) (Zip)
Telephone No Lic. No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUI
Receipt No 9C'�V a6
Basin Dist.
12.85va muff?. 777.m_ tz-13-gs
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause
no materi;ti injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
1) APPROVED PURSUANT TO CRS . 37-92-602
(3)(b)(II) AS THE ONLY WELL ON A RESIOENTIA
SITE OF /9,34 ACRES DESCRIBED AS PRr Or--
'jpuev /%i��t SUBDtfr/SfOIJ 5xEIMPTroitl
2) THE USE OF GROUNDWATER FROM THIS WELL IS LIMIT'.
TO ORDINARY HOUSEHOLD PURPOSES INSIDE A
SINGLE FAMILY DWELLING, AND SHALL NOT BE USED
OUTSIDE THE HOUSE FOR ANY PURPOSE:
3) THE RETURN FLOW FROM THE USE OF THE WELL
MUST BE THRU AN INDIVIDUAL WASTE WATER DISPOSAL
SYSTEM OF THE NON - EVAPORATIVE TYPE WHERE THE
WATER IS RETURNED TO THE SAME STREAM SYSTEM IN
WHICH THE WELL IS LOCATED. .77-'77/•
APPLICATION APPROVED /C/
PERMIT NUMBER
DATE ISSUED
i.4e.O1.:
EXPIRATION DATE
NOV i 4 1988
NOV 1 4 1988
(a_/7',/
•
\ ( TATE E'GINEER)
I.D. `j COUNtY
•
�� inUt 1.1 ti
Recordednt_,,f_..L
THIS DEED. Made Oda 25th day of May
19.78 ,between SIDNEY MILLER
of the County of Garfield and State of
Colnrado,o(thcfiretliart,and Walter Huber and Viola L. Huber
wilosc legal address is P. 0. Sox 332, Aspen
RECOUI)F.R'S STAMP
STATI OOCOMiiiiAOT TT(
MAY 2 5 1978
go
SLL3
of the County of Pit kin and State of Colorado, of the second part:
WITNESSETII, that the said party of the first part, for and in consideration of the num of
Ten dollars and other good and valuable consideration
71143 Sfx'IuS.
to the said part y of the first part in hand paid by the said parties of the second part. the receipt whereof is hereby
confessed and acknowledged, ban zranted, bargained, sold and conveyed, and by these presents do es
grant, bargain, sell, convey and confirm unto the said parties of the second port. their heirs and Ranigne forever, not in
tenancy In common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being In
the County of Garfield and State of Colorado, to wit:
The parcel of land described on EXHIBIT ONE annexed hereto and Incorporated
herein by this reference, known as 1793 County Road 245, New Castle, Colorado
81647. Together with a nonexclusive easement and right of way for ingress and
egress extending Westerly from Garfield County Road 245 along an existing lane
lying along and Northerly of the Northerly boundary of said parcel of land.
Together with en undivided one-half interest in existing domestic water well
servicing said parcel of land.
Subject to a utility easement 20 feet in width and a road access easement and
easement for ingress and egress as described on EXHIBIT TWO annexed hereto and
incorporated herein by this reference. Subject to a nonexclusive easement and
right of way for ingress and egress extending Westerly from Garfield County
Road 245 along an existing lane lying along and Southerly of the Northerly
boundary of the parcel of land described on EXHIBIT ONE.
ARA 7CHOtOtaOtx,VV;I SJOA 1tAxxmxR
Also known as street and number 1793 County Road 245, New Castle, Colorado.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, the reversion and reversions, remainder and remainders, rents, Issues and profits thereof: and all the
estate, right, title, interest. claim and demand whatsoever of the said party of the first part, either In law or
equity, of, In and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO 110LI) the said premises above bargained and described. with the appurtenances. unto the
said parties of the second part. their heirs and assigns forever. And the said party of the first part, for him -
eel f , 1119 heirs, executors, and administrators do es covenant, grant, bargain and agree to and with the
said parties of the second part. their heirs and assigns, that at the time of the ensealing and delivery of these
presents he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and Indefeasible
estate of inheritance, in law, in fee simple, and haS good right, full power and lawful authority to grant. bargain,
sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and
other grants, bnrgains, sales, liens, tnxes, assessment and encumbrances of whatever kind or nature aoever., sub ectl
o easements for telephone, electricity, water and sanitary sewer; easements and
ights of way of record; U.S. patent reservations of record; prior reservations
nd exceptions of oil, gas and other minerals including existing oil and gas leases
tfildipg and�zo ing regulations• general taxesxSor 1978 duee and payable January 1,
yy7799 w ii rtes o Oe second ar asetup an agree fo p ,
and thea ov argained premises In the qui t and peacenb a possessum of the sail amiss of the second part, their
heirs and assigns, against all and every.person or persons lawfully claiming or to claim the whole or any part thereof,
the said part y of the first port shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the said party of the (kat part has hereunto net his hand and
seal the day and year first nlmve written.
Signed, Sealed and Delivered In the Presence of
STATE OF COLORADO
County of Ga1jf field
The foregoing Instrument was acknowledged before me thin 25th day of May
19 78by.• Sidney Miller.
J�y.Commission expires August 12 .19 81 .',Vitnese my hand and official seal.
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No. 921. 'o IIRA NTY nrrn Te Jninl ren..,... nr•dfnrd r,.bn.hina Co. 424 -la Stool Sinal. r. .4:4144,441511•60111- i 1.77
1
EXHIBIT ONE
1500455 I V PACE 442
A parcel of land situated in the NE141W14 and in the SEINW1/4, Sec. 25, T. 5
South, Range 91 West of the Sixth Principal Meridian, lying
Easterly of the East Elk Creek Centerline, Northerly of said Section
25 East-West Centerline, Westerly of said Section 25 North-South
Centerline, and Southwesterly of the Southwesterly right-of-way
of County Road No. 245, and being more particularly described as
follows:
Beginning at the North Quarter Corner of said Section 25, a rebar
and cap in place; thence S. 18°57'53" W. 1212.03 feet to a point on
said right-of-way, also being a point on a lane centerline, also being
a point on the Southwesterly side of County Road right-of-way, the
True Point of Beginning: thence :along said County Road the following
courses and distances: 85.22 feet along a curve to the right, having
a radius of 622.38 feet and chord of which bears: S. 15°08'13" E.
85.15 feet; thence S. 11°12'52" E.. 403.91 feet; thence 221.39 feet
along a curve to the left, having a radius of 691.54 feet and chord
of which bears: S. 20°23'08" E. 220.44 feet; thence S. 29°33'25" E.
350.91 feet; thence 76.24 feet along a curve to the left, having a
radius of 349.99 feet, and chord of which bears: S. 35°47'50" E.
76.09 feet to a point on said Section 25 North-South Centerline;
thence leaving said right-of-way, S. 00°02'00" E. 416.62 feet along
said North-South Centerline to a point on said Section 25 East-West
Centerline, the ;-enter of said Section 25, a rebar and cap in place;
thence leaving said North-South Centerline, S. 89°11'40" W. 436.05
feet along said East-West Centerline to a point on said East Elk
Creek Centerline; thence leaving said East-West Centerline, along the
centerline of creek the following courses and distances: N. 11°18'50"
W. 124.86 feet; thence N. 32°45'30" W. 112.71 feet; thence N. 52°22'14"
W. 171.59 feet; thence N. 17°24'50" W. 250.85 feet; thence N. 79°15'48"
W. 165.05 feet; thence N. 34°48'38" W. 77.46 feet; thence N. 10'13'22"
E. 222.73 feet; thence N. 33°48'27" W. 208.68 feet;thence N. 28°27'36"
W. 54.19 feet to a point on the said lane centerline; thence leaving
said creek centerline, N. 55°41'19" E. 85.29 feet along said lane
centerline; thence N. 60°06'03" E. 663.57 feet along said lane
centerline to a point on said road right-of-way, the True Point of
Beginning.
Together with 57.2 per cent of the 0.8 cfs out of Priority No. 145A
awarded the Haggerty Enlargement of the Coryell Ditch, which is hereby
conveyed without covenants of title.
Huber
6UUR-J I v rRI,C -y -ry
EXHIBIT TWO
A utility easement 20 feet in width lying Southerly of the Westerly
boundary line of Garfield County Road No. 245 and being 20 feet at
all points Westerly of the East line of. the SE4NW1/4 of said Section
25, said easement being more particularly described as follows:
Beginning at the Southeast Corner of the SE4NW1/4 of said Section 25,
thence S. 89°11'40" W., 10.00 feet along the Southerly line of said
SE4NW1/2 to a point on the centerline of said utility easement; thence
N. 00°02'00" W. 416.62 feet along said centerline to a point on the
Westerly right-of-way line of said County Road.
A strip of land 20 feet in width to be used as a road access easement,
being 10 feet on each side of the following described centerline:
Beginning at the Southeast Corner of the SEhNWh of said Section 25,
thence S. 89°11'40" W., 10.00 feet along the Southerly line of said
SE4NW's to a point on the centerline of said road easement, being the
true point of beginning of said centerline; thence N. 00°02'00" W.
314.25 feet along said centerline; thence N. 37°56'07" W. 189.33
feet along said centerline; thence N. 07°14'00" 49.00 feet along said
centerline; thence N. 19°42'00" W. 59.00 feet along said centerline;
thence N. 26°25'00" W. 92.00 feet along said centerline; thence
N. 22°57'00" W. 76.00 feet along said centerline; thence N. 37°18'00"
W. 91.00 feet along said centerline; thence N. 45°36'00" W. 57.00 feet
along said centerline; thence N. 18°51'00" W. 86.00 feet along said
centerline; thence N. 06°45'00" E. 82.00 feet along said centerline;
thence N. 10°33'00" W. 86.00 feet along said centerline; thence
N. 07°39'00" W. 97.00 feet along said centerline; thence N. 13°50'00"
W. 53.00 feet along said centerline;,thence N. 15°50'00" W. 53.00 feet
along said centerline; thence N. 15°26'00" W. 84.00 feet along said
centerline; thence N. 23°48'00" W. 97.00 feet along said centerline;
thence N. 10°37'00" W. 32.00 feet along said centerline to a point in
the center of an existing lane; thence N. 60°06'03" E. 62.00 feet to
a point on the Westerly right-of-way line of said County Road, whence
the North Quarter corner of said Section 25 bears:N.18°57'53" E.
1212.03 feet.
TOGETHER WITH an easement for ingress and egress over the following
described parcel: A strip of land 20 feet in width to be used as a
road access easement situated in the SEle4W4 of Section 25, Township
5 South, Range 91 West of the Sixth Principal Meridian, being 10 feet
on each side of the following described centerline:
Beginning at the Southeast corner of said SEhNW4, thence S.89°11'40" Fi,
10.00 feet along the Southerly line of said SEhNW1/4 to a point on said
centerline; thence N. 00°02'00" W., 314.25 feet along said centerline;
thence N. 37°56'07" W., 189.33 feet along said centerline; thence
N.07°14'00" W., 49.00 feet along said centerline; thence N. 19°42'00"
W., 59.00 feet along said centerline; thence N. 26°25'00" W. 92.00
feet along said centerline; thence N. 22°57'00" W. 76.00 feet along
said centerline; thence N. 37°18'00" W. 91.00 feet along said center-
line; thence N. 45°36'00" W. 57.00 feet along said centerline; thence
N. 18°51'00" W. 86.00 feet along said centerline; thence N. 60°06'03"
E. 75.00 feet, more or less, to a point on the Westerly right-of-way
line of County Road No. 245.
Huber
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