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HomeMy WebLinkAbout3.0 Correspondence & Conditions(50:4 R FIELD C O U N T ROAD & B R I D G E - D_ H o x '2:72t1541 - (E3 254G 1 er-I Vs, c cJ Spr±r-IcjSE; ., CD 8 1 602 3 0 3— 9 4 5— 6 1 1 1 13 September 89 Charles Montover Nancy Vandevander PO Box 184 Glenwood Springs, CO B1602 RE: Vandevander Exemption Plat Cheyln Acres Subdivision, Lot 2 The proposed driveway location has been inspected and is acceptable. If there is anything further we can do for you, please do not hesitate to contact this office. Sincerely, Charlotte Larson, Office Manager CL/dn NANCY VANDEVANDER• P.O. BOX 184 GLENWOOD SPRINGS, COLORADO 81602 November 4, 1988 Mr. Glen Hartmann Garfield County Planning Office 109 Eighth Street #303 Glenwood Springs, CO 81601 Dear Mr. Hartmann: Thank you for your recent call informing me of the need for a request for an extension of time in which to get the necessary information to the County for completion of the division of property up Four Mile in Chelyn Acres. It is my understanding that an exemption plat map and proof of water, either by an easement or well permit is required. Our plans at the present time are to get a survey completed in the spring of 1989 at which time we could present the necessary paperwork to the County. We are therefore requesting an extension of time until September 1, 1989. Could you please send me a list of requirements for this exemption as I was unaware of any time limits before I received your call. Thank you for your consideration. L. NOV 8 1988 • Recorded at _eo'clock M. Reception Nos. • Recorder. KNOW ALL MEN BY THESE PRESENTS THAT D.C. VANDEVANDER and MARY JO JACOBS, formerly known as Mary Jo VanDevander First Party P.O. Box 121 • geed P.O. Box or Street Address Glenwood Springs, CO 81602 RECORDER " ❑ a Colorado Corporation ❑ a Partnership ❑ a Limited Partnership City State Zip for and in consideration of ten dollars and other valuable consideration, in hand paid, hereby sells and quitclaims to CHARLES V. MONTOVER and NANCY L. VANDEVANDER Second Party P.O. Box 184 P.O. Box or Street Address Glenwood Springs, CO 81602 City State Zip the following described property in the County of LOT 2 according to the VANDEVANDER EXEMPTION PLAT filed for record in the office of the Clerk and Recorder of Garfield County Colorado on November 7, 1989 as Rec. No. 407204, together with all improvements thereon and all easements and appurten- ances thereto and all ditch, water and water well rights appurtenant to, used upon or in connection therewith including, but not exclusively, an undivided 1 interest in and to the Van Devender Domestic Well and water rights adjudicated thereto and an easement situate on LOT 1 according to said VANDEVANDER EXEMPTION PLAT for use in connection with said well and waterline installation and maintenance purposes from said well to said LOT 2, which easement is depicted upon said plat and is described as a parcel of land situate in the W! of Section 3, T. 7 S., R. 89 W., 6th P.M., being more particularly described as follows: Commencing at the Northwest Corner of Section 3, T. 7 S. R. 89 W., 6th P.M.; thence S. 69°56'09" E. 1568.69 feet to a point on the property line common to LOTS 1 and 2 of the VANDEVANDER EXEMPTION, the True Point of Beginning; thence N. 55°35'53" W. 20.83 feet; thence N. 34°24'07" E. 7.50 feet; thence N. 55°35'53" W. 25.00 feet; thence S. 34°24'07" W. 25.00 feet; thence S. 55°35'53" E. 25.00 feet; thence N. 34°24'07" E. 7.50 feet; thence S. 55°35'53" E. 23.87 feet; thence N. 17°31'24" E. 10.45 feet to the True Point of Beginning., containing 0.019 acres, more or less. Garfield * 0 individually ® joint tenancy ❑ tenancy in common ❑ a Colorado Corporation ❑ a Partnership ❑ a Limited Partnership and State of Colorado: • ,LQ SIGNED this r'S day of--L'?-�--)' , A. D. 19 89 . h (NO STATE DOCUMENTARY FEE REQUIRED - consideration less than $500.00) D.C. Vanllevander 4fary Jo Jaco oral y known as Mary Jo VanDevander STATE OF MAINE ss. COUNTY OF WASHINGTON 1 The foregoing instrument was acknowledged before me this 19 R9 by D.C. VanDevander. Witness my hand and official seal. My,commission expires: -r • NOTE:•• - . • "If applicable, mark square with x. Singular shall include plural as. context requires. day of—,22—ge-'i` Notary Publi SHELTON — Form 2 • a AGREEMENT THIS AGREEMENT, made and entered into this day of , 1989, by and between D.C. VANDEVANDER and MARY JO JACOBS, formerly known as Mary Jo VanDevander, whose address for purposes hereof is P.O. Box 121 - Glenwood Springs, CO 81602, hereinafter referred to as "first parties", and CHARLES V. MONTOVER and NANCY L. VANDEVANDER, whose address is P.O. Box 184 - Glenwood Springs, CO 81602, hereinafter referred to as "second parties", WITNESSETH: WHEREAS, first parties are the owners of LOT 1 according to the VANDEVANDER EXEMPTION PLAT filed for record in the office of the Clerk and Recorder of Garfield County, Colorado as Rec. No. 407204, and WHEREAS, second parties are the owners of LOT 2 according to the VANDEVANDER EXEMPTION PLAT filed for record as aforesaid, and WHEREAS, the Van Devender Domestic Well, which was granted an Absolute Decree in the District Court in and for Water Division No. 5, Case No. W-1092, located on said LOT 1, is owned in equal shares by first parties and second parties and provides water for domestic uses of the parties on said LOT 1 and said LOT 2, and WHEREAS, the parties desire to set forth in writing their agreement concerning use of water from said well and the operation, maintenance, repair and replacement of said well and equipment or other items and services used in connection therewith, NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged by the parties, the parties hereto hereby agree as follows: 1. that water from the aforesaid well shall be used equally by the parties as domestic water upon the aforesaid LOT 1 and the aforesaid LOT 2; 2. that, except in cases of emergency, both parties shall have an equal responsibility for the operation, maintenance, repair and replacement of the water well, • • the pump, pressure tank and other equipment and elec- trical items and services used in connection therewith, and shall consult with one another concerning such matters prior to incurring costs and expenses therefor; 3. that, in cases of emergency, either party, without consulting the other party, may make or cause to be made such repairs, maintenance or replacements as needed to provide water service to said LOT 1 and said LOT 2 or maintain and prevent damage to the system; 4. that each party shall pay one half of all costs and expenses incurred in connection with the operation, maintenance, repair and replacement of the water well, the pump, pressure tank, and other equipment, electrical items and services within thirty days after receiving written notification of such costs and expenses, the amount owed by such party andto whom that party owes such amount; 5. that, if it becomes necessary to drill a new well for providing domestic water to said LOT 1 and said LOT 2, and if each party cannot obtain a separate well permit, the parties shall cooperate with one another concerning the location of said new well and shall each pay one half the costs and expenses of drilling the well and services or equipment including, but not exclusively, a pump, pressure tank, electrical items and services used in connection therewith and needed to make it operational; 6. that each party shall be responsible for the installation, maintenance, repair or replacement of the waterline used in providing water to the parcel of land owned by that party; 7. that this Agreement may be amended, in part or in whole, or terminated only in a writing signed by all the then owners of said LOT 1 and said LOT 2; 8. that this Agreement and amendments, if any, shall be recorded in the office of the Clerk and Recorder of Garfield County, Colorado and shall constitute covenants running with and burdening and benefiting said LOT 1 and said LOT 2, and any termination hereof shall also be recorded in said office; 9. that this Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, devisees, successors, personal representatives and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. t6 '\ f k, t:"7) Second Pa ty � 111 First p/ar First `"Second Party -2- STATE OF COLORADO ) ss. County of Garfield ) The foregoing instrument was this day of -1(..1-f;R/!?m.b.PA and Nancy L. VanDevander. subscribed and sworn to before me , 1989, by Charles V. Montover Witness my hand and official My commission e,rires: PO Pk ,°.7:7 ja A. Hi LL • STATE OF MAINE County of Washington ) SS. J sea]. Notary Public { �j }�1Carairlissioa lj 14Lauary The foregoing instrument was, subscribed this day of 1989, Witness my hand and official My commission expires: d STATE'OF;COLORADO ) ss. County of Garfield ) The foregoing ipstrument was -k this Q'day of k,rn�k known as Mary Jo VanDevander. Witness my hand and official My commission expires: seal. 7 7J and sworn to before me by D.C. VanDevander. Ny�ta y Public subscribed and sworn to before me , 1989, by Mary Jo Jacobs, formerly seal. li Notary Pu c 11ay COrilSiSS;Ors E';;Ji s F ruary 10, 1H0