HomeMy WebLinkAbout3.0 Correspondence & Conditions(50:4 R FIELD C O U N T
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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