HomeMy WebLinkAbout1.0 Application•
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GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
RECEIVED
APR 2 0 2004
GARFIELD COUNTY
I./VILA/HIV a r L,.141111.0
Subdivision Application Form
GENERAL INFORMATION
(To be completed by the applicant.)
P Subdivision Name: JOHNSON SUBDIVISION
Type of Subdivision (check one of the following types):
Sketch Plan XX Preliminary Plan Final Plat
Name of Property Owner (Applicant): Derek and Kathl een Johnson
Address: 54 Hackberry Lane Telephone: 970-285-9346
City: Parachute State: CO Zip Code:81635 FAX: 970-285-131
Name of Owner's Representative, if any (Attorney, Planner, etc):
Address: Telephone:
P City: State: Zip Code: FAX:
Name of Engineer: none at this time
Address: Telephone:
p City: State: Zip Code: FAX:
Name of Surveyor: Bookcl iff Survey Services, Inc.
p Address: 136 East Third Street Telephone: 970-625-1330
r City: Rifle State: CO Zip Code:81650 FAX: 970-625-277:
Name of Planner:
Address: Telephone:
P City: State: Zip Code: FAX:
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GENERAL INFORMATION continued...
SW 1/4 Sec 2
p Location of Property: Section SE 1/4 SeaCiWnship 6 South Range 93 West
P Practical Location / Address of Property: TBD County Road 293
Rifle, CO 81650
Current Size of Property to be Subdivided (in acres): 35
Number of Tracts / Lots Created within the Proposed Subdivision: 6
Property Current Land Use Designation:
1. Property's Current Zone District: ARRD
2. Comprehensive Plan Map Designation:
Proposed Utility Service:
Proposed Water Source: Well
Proposed Method of Sewage Disposal: Septic Tank
Proposed Public Access VIA: County Road 233
Easements: Utility: 60'
Ditch: 10'
Total Development Area (fill in the appropriate boxes below):
(1) Residential
Units / Lots
Size (Acres)
Parking Provided
Single -Family
6
Duplex
0
Multi -Family
0
Mobile Home
0
Total
6
Floor Area (sg. ft.)
Size (Acres.)
Parking Provided
(2) Commercial
(3) Industrial
(4) Public / Quasi -Public
(5) Open Space / Common Area
/
Total
Base Fee: Sketch Plan - $325.00; Prelim Plan - $675.00; Final Plat - $200 paid on
Plat Review Fee (see attached fee schedule)
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JOHNSON SUBDIVISION
April 19, 2004
Derek and Kathy Johnson
970-285-9346
RE: SUPPLEMENTAL INFORMATION (Section 3:40)
A. Water Supply — One well shall be drilled for each parcel prior to building a home
on that parcel. First well to be drilled on parcel 3A. Additional water allotment
will be contracted through West Divide Water Conservancy District, 109 West 4th
Street, Rifle, CO 81650, 970-625-5461.
B. Sewage disposal will be septic tanks for each residence.
C. USDA Soil Conservancy Service soil designation is Potts-Ildefonso-Vale.
Interpretation tables are attached and named `General Soil Types, Garfield
County)
• D. Proposed subdivision will not impact any existing lakes or streams.
E. No known radiation hazards on site.
F. Please see easement declaration (attached) for access to parcel 3 from county road
293 and see survey map for parcel 3 subdivision and utility easement.
G. Electricity will be furnished by Xcel Energy, pending approval of subdivision.
Propane tanks will be installed at each residence, telephone service to be supplied
by Qwest, and satellite tv dishes can be installed if no cable is available.
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General Soil Types:
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MORVAL-VILLA GROVE
well drained.
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POTTS-ILDEFONSO-VALE
Deep, well drained. gently sloping to steep soils on mesas, alluvial fans, terraces and benches.
iII 11111111111111111111111111111111 111 1111111111111
84 05/08/2003 11:26A B1467 P574 M ALSDORF
1 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO
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SPECIAL WARRANTY DEED
THIS DEED, dated • _ cd , between Barry D. Smith and
Nancy J. Smith, of the Coun o Garfield and State of Colorado, grantor(s),
and Greg Tamburello and Anne Tamburello, whose legal address is 1473 CR
210, Rifle. CO 81650 of the County of Garfield and State of Colorado,
grantees:
WITNESS, that the grantor(s), for and in consideration of the sum of One dollar and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold .und conveyed,
and by these presents do grant, bargain, sell, convey and confirm unto the grantees, their hens and assigns !orever, not in
tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, l;-ing and being
in the County of Garfield and State of Colorado, described as follows:
A non-exclusive 15 foot wide easement for construction, maintenance, repair, and replacement of a domestic
water supply pipeline from CR 233, centered on the "Feedlot Road" to the southerly boundary of Grantors'
property (Tax Parcel No. 2177-031-00-437 B.1126 P. 363) in the SEI/4NE1/4 of Sec. 3, T. 6 S., 1.93 W., 66'
P.M., as more particularly described on Exhibit A attached and subject to the terms and conditloi;s set forth
on Exhibit B attached.
This conveyance completely supercedes and replaces the Special Warranty Deed dated January 3', 2003 and
recorded 02/04/2003 at Reception No. 620154, in Book 1433 at Page 928.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in a'tyw:se
appertaining,.the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and ill the estate.
right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of in and tothe above
bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenan:es, unto the
grantees, their heirs and assigns forever. The grantor(s), for themselves, their heirs, personal representatives, successors
and assigns, clo covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the abc ve bar„airied
premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or
persons claiming the whole or any part thereof by, through or under the grantor(s), except those matters of paubllc
record as of the date of this conveyance, including, but not limited to any mortgage or deed of trust.
IN WITNESS WHEREOF, the grantor(s) have executed this deed on the date set forth above.
Bany D. Smith and ancy J. Smith
Ira M. Karel, Att ' ley In Fact for Barry D. Smith and Nancy J. Smith
STATE OF COLORADO
County of GARFIELD
The foregoing instrument was acknowledged before me on
for Barry D. Smith and Nancy J. Smith.
/Y) 1 q, D.003 , by Ira M. Karet as att xney is fact
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Witness my hand and official seal.
My commission expires: -17"--1,;;-"6?
C:ICLIENTS\Tamburello\Smithldoc SWD Smith water line easment 030325.doc
Revised 1/312003; printed: 03/25/03; 1:52 PM; Page I of 2
When recorded, return to: 1. Savage, P.O.Box 1926, Rifle, CO 81650-1926
.1
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111I1 1113 1111 11111 1110 1111111111 11111 1111
884 05/08/2003 11:26A B1467 P575 M ALSDORF
of 2 R 11.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT A
WATER PIPELINE EASEMENT
A.STRIP OF LAND 15 FEET IN WIDTH FOR THE USE OF WATER PIPELINE EASEMENT
SITUATE IN THE E1/2 SECTION 3, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF TIEE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID 'VAT:ER
PIPELINE EASEMENT LYING 7.5 FEET TO EACH SIDE OF THE FOLLOWING DE;CRIBED
CENTERLINE:
COMMENCING AT THE EAST 1/16 CORNER BETWEEN SECTION 3 AND SECTION
10, AN ALUMINUM CAP IN PLACE; THENCE N09°34'59"E 4022.90 FEET TO A PO [NT ON
THE NORTHERLY LINE OF THE SE1/4NE1/4 OF SAID SECTION 3, THE TRUE POINT CF
BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING SEVENTEF N (17)
COURSES: 1) S03°42'58"E 30.27 FEET; 2) S00°01'50"E 144.61 FEET; 3) S06°07'39"W +►4.62
FEET; 4) S18°10'58"W 73.33 FEET; 5) S26°10'09"W 68.44 FEET; 6) S30°12'51 "W 298.26 FEET;
7) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 65.00 FE iT AN
ARC LENGTH OF 81.64 FEET (CHORD BEARS S05°45'59"E 76.38 FEET); 8) S41°441.j0"E '6.61
FEET; 9) S29°46'22"E 99.19 FEET; 10) S27°29'12"E 277.80 FEET; 11) ALONG THE M.0 OF A
CURVE TO THE LEFT HAVING A RADIUS OF 87.00 FEET AN ARC LENGTH OF 96.86 FEET
•(CHORD BEARS S59°22'54"E 91.93 FEET); 12) N88°43'25"E 215.31 FEET; 13) ALONt3 THE
ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 65.00 FEET AN ARC LE1GTI I
OF 87.23 FEET (CHORD BEARS S52°49'44"E 80.83 FEET); 14) S14°22'52' E 67.92
FEET; 15) S06°35'56"E 84.17 FEET; 16) S15°35'58"E 218:91 FEET; 17) S12°30'S9"E 216.96
FEET TO THE POINT OF TERMINUS WHENCE SAID EAST 1/16 CORNER BETWEEN
SECTION 3 AND SECTION 10 BEARS S28°16'46"W 2509.79 FEET, SIDE LINES TO Br;
LENGTHENED OR SHORTENED TO CLOSE UPON PROPERTY LINES.
EXHIBIT B
1. All expenses of survey, conveyance, construction, and maintenance of the water line
easement shall be paid by Tamburello or their successors and assigns.
2. Smith shall have the right to tap onto the water line without contribution to Tambui ello,
subject to approval of the relevant authorities and payment of any applicable governmental fe es.
Construction. Plans for the subject water pipeline shall, subject to regulatory approval, include
provision for a water tap for the Smith Parcel 1. If Smiths use the water pipeline they shall be
responsible for a proportionate share of any repair, maintenance, or replacement costs.
3. Tamburello shall indemnify Smith against any.1 ss,, ji"bili or expense arising out ( f
Tamburellos' use of the easement. This ndemnificatioh,.rkr'iytbe ssi ed to Tamburellos' succ.,ssors
and assigns and shall not be binding'upon Tamburello when Tambr lrello no longer owns any of the •properties which are served by the waterline in the easement. `
C:ICLIENTSITambure11o1Smithldoc SWD Smith water 1Fne easment 030325.doe
Revised 1/31/2003; printed: 03/25/03; 1:52 PM; Page 2 of
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EASEMENT DECLARATION
This Easement Declaration is made by Greg Tamburello and Anne Tamburello ("DECLA RANT").
whose address is 1743 CR 210, Rifle, CO 81650.
I. RECITALS
A. WHEREAS, DECLARANT owns the following described real property located in Garlic d Count!'.
Colorado, more particularly described as:
PARCEL 2: A TRACT OF LAND IN THE S1/2SEI/4 SECTION 3 AND THE NWl/4NEI/4 SECTION 10. TOWNSHIP 6 S( 4.'TU. RANGE 93
WEST OF THE 6TH PRINCIPAL MERIDIAN, IN GARFIELD COUNTY, COLORADO AND BEING MORE PARTICI'L:UiLY DESCRIBED
AS FOLLOWS: BEGINNING AT CORNER COMMON TO SECTIONS 2, 3, 10 AND I1, OF THE ABOVE S.AII) Tc)\\'NS 111' AND
RANGE, AN ALUMINUM PIPE WITH A 3" ALUMINUM CAP PROPERLY MARKED, THENCE S8918•00"\\' :\NI) Al:ONG THE.
SOUTH LINE OF THE SEI/4SE1/4 OF SAID SECTION 3 A DISTANCE OF 1332.12 FEET TO AN ALUMINUM PIPE WITH :\ 2-1 2"
ALUMINUM CAP MARKED "E1/16 CORNER SECTION 3/10"; THENCE S00°35'32"E AND ALONG THE EAST LINE 4)F THE
NW I /4NE 1 /4 SAID SECTION 10 A DISTANCE OF 1319.41 FEET TO A POINT ON THE NORTHERLY RIGIIT OF W.X1 LINE (W
COUNTY ROAD NO. 293; THENCE S89°34'08"W AND ALONG SAID NORTHERLY RIGHT OF WAY LINE A DIST':\::CE OF 60.00
FEET: THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE N0O°35'32"W A DISTANCE OF 1319.41 FM' '0 :\ POINT ON
THE SOUTH LINE OF THE SW 1/4SE1/4 SAID SECTION 3; THENCE N00°25'52"W A DISTANCE OF 174.30 FEET O A POINT OF
CURVATURE; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 230.00 FEET AND .A CENTR.\1.ANGLE OF
42°20.03" FOR AN ARC LENGTH OF 169.94 FEET, AND FOR WHICH THE CHORD BEARS N20'44'101-1 A 1)187.\NC E OF 166.01
FEET TO A POINT ON THE EAST LINE OF THE SW 1/4SEU4 SAID SECTION 3; THENCE N00°25'52"W ALONG S.\II) EAST LINE A
DISTANCE OF 395.68 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 537 .-V PAGE 830.
GARFIELD COUNTY RECORDS; THENCE N89°10'02"E ALONG THE SOUTHERLY LINE OF SAID PARCEL .\ DIST ANCE OF 245.80
FEET: THENCE N46°16'06"E AND CONTINUING ALONG THE SOUTHEASTERLY LINE OF SAID P.ARCEI, :\ DIST-\NCE OF 513.83
FEET; THENCE N00°48'07"W AND CONTINUING ALONG THE EASTERLY LINE OF SAID PARCEL A DISTANCE (f 47.32 FEET:
THENCE S89°58'57"E A DISTANCE OF 806.49 FEET; THENCE Sol°32'31"E A DISTANCE OF 1121.34 FEET: THENC : S89•'25'43"W A
DISTANCE OF 115.47 FEET TO THE POINT OF BEGINNING, SAID TRACT OF LAND CONTAINING 35.138 ACRES. \FORE OR 1.E SS.
PARCEL 3: A TRACT OF LAND SITUATED IN THE SW1/4 OF SECTION 2 AND THE SEI/4 OF SECTION 3 IN TO\\•> SHIP 6 SOUTH.
RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN IN GARFIELD COUNTY, COLORADO AND BEING \LORI•: P; RTICI'LARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST 1/16 CORNER OF SAID SECTION 3. AN ALI MINI':.! PIPE WITH A
3" ALUMINUM CAP PROPERLY MARKED, THENCE SOO°25'47"E A DISTANCE OF 311.14 FEET TO A POINT ON T IE NORTHERLY
LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 537 AT PAGE 830, GARFIELD COUNTY RECORDS: TIIE. CE NF9'10'02"E
AND ALONG THE NORTHERLY LINE OF THE PARCEL OF LAND DESCRIBED IN SAID BOOK AND PAGE. A DIS-*ANCE OF 13I.84
FEET; THENCE N46°16'06"E AND CONTINUING ALONG SAID NORTHERLY LINE A DISTANCE OF 468.10 FELT: •; HENCE
N89°10'02"E AND CONTINUING ALONG SAID NORTHERLY LINE A DISTANCE OF 132.49 FEET: THENCE SO4 31 03"E :\
DISTANCE OF 201.91 FEET: THENCE S00°48'07"E A DISTANCE OF 5.18 FEET; THENCE S89°58'57"E :\ DISTANCE OF 806.49 FEET:
THENCE N00°00'24"E A DISTANCE OF 1214.14 FEET; THENCE S89°26'36"W A DISTANCE OF 103.39 FEET TO A P )INT ON THE
WEST LINE OF THE SAID SW1/4 OF SECTION 2; THENCE S00°26'26"E AND ALONG SAID WEST LINE A DISTANCE OF 132.73
FEET; THENCE S89°38'48"W A DISTANCE OF 1331.76 FEET TO A PONT ON THE WEST LINE OF THE NEI 4SE 14 OF S.A1D
SECTION 3; THENCE S00°25'47"E AND ALONG THE WEST LINE OF SAID NEI/4SE1/4 OF SAID SECTION 3 A DIS- 'ANCE OF 881.82
FEET TO THE POINT OF BEGINNING, SAID TRACT OF LAND CONTAINING 35.021 ACRES. MORE OR LESS.
B. WHEREAS, DECLARANT intends to grant and dedicate joint and common rights to the use of a non-
exclusive easement for access and utilities to said Parcels and other lands and impose on said Parcels. as covenants
running with the land, the obligation to jointly maintain the access road and utilities serving said Parc 31s.
THEREFORE, DECLARANT hereby declares the following non-exclusive rights to use of 1 he following
described easement.
1. Declarant hereby creates and grants a non-exclusive easement, for access and utilities acrc ss said Parcels
2 and 3, described as follows:
A STRIP OF LAND 60 FEET IN WIDTH FOR THE USE OF ACCESS AND UTILITY PLACEMENT SITUATE IN TIII•. S -.1 4SEi 4
SECTION 3 AND IN THE SI 2 SECTION 2 AND IN THE NW 1/4NE1i4 SECTION 10, TOWNSHIP 6 SO(71. R.\NGE 03 \VEST OF TIIE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO SAID ACCESS .AND L "1'Il.ITT 1:A iEMFN'I' LYING
30 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT TIIE EAST 1 16 COINER 131. L\VIEN
SECTION 3 AND SECTION 10. AN ALUMINUM CAP IN PLACE: THENCE S 00°42.37" W 1319.67 FEET TU .\ POINT )N T111'
C:\CLIENTS\Tamburello\Smith\agr Easement Dec 021212.rtf
When recorded, return to: J. Savage. P.O.Box 1926. Rifle. CO 81650-1926
NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 293 THE TRUE POINT OF BEGINNING: THENCE .\1.ONG ..UI)
CENTERLINE THE FOLLOWING FIFTEEN (15) COURSES: 1) N00°35'32"W 1349.44 FEET; 2) N89°38'00"E 389.73 FEE I'; 3) N'.2.8. 22'58"E
197.65 FEET; 4) C2OOF AS4"E 110.36 CURVE TOFTHE LEFT HAVING A RADIUS OF 200.00 FEET AN ARC LENGTH OF 133.30 Fl FT (CIEORD
8)
ALONG THE AR
BEARS N24°18'51"E 130.84 FEET); 9) NO3°30'36"E 175.00 FEET; 10) N09°33'22"W 102.23 FEET: 11) 589“58'57'1: 577.2 Fl?!:'1': 12)
S89°58'57"E 939.42 FEET; 13) N59°54'01"E 313.38 FEET; 14) ALONG THE ARC OF A CURVE TO THE RIGHT H.\VD (i A R.Aoit'S OF
125.00 FEET AN ARC LENGTH OF 107.03 FEET (CHORD BEARS N84°25'47"E 103.79 FEET); 15) S70E19'36" E 80.26 F ;ET TO THE
POINTFET. SDE LINES TO BE LENGTHENED OR SHORTENED TOOSE UPON PROPERTY LINESWEEN SECTION 3 AND \ ] 0 BEARS 565 t.• 2l "\V 3081.29
Description of easement created by: Scott E. Aibner, L.S. #31143, Bookcliff Survey Services. Inc.. 136 East Third St.. Rill,:. C i) 81650
2. Said Easement shall be for use the owners of Parcels 2, 3, 4, 5, and 6 (as described in Det:d recorded at
Recep. No. 575842, B. 1230. P. 755 and as later modified) and other lands located in Secs. 2. 3. and 1. to which
Declarant grants rights to use of this easement, their successors, assigns. agents. employees. tenants. ;;nests and
invitees, for a private access road, and utility and drainage purposes, subject to the terms. conditions and provisions
hereinafter set forth.
3. This Declaration is made, without warranty of any kind, either as to title. authority. or as I o the road's
quality, safety. condition, or future usability. To the extent this document is considered to be a comrcance. it shall
be considered a quit claim deed.
4. The easement shall be non-exclusive and appurtenant to the above-described properties Ic which access
is granted by this Agreement. No right to this easement can be granted. conveyed or transferred. sep into from an
interest in the lands to which access is granted by this Agreement. This Declaration does not give the Easement
owners right to grant any right to the public for use of the easement without the express written agree inent of the
DECLARANT.
5. The easement is subject to the following terms and conditions:
A. Declarant may incorporate said easement into a subdivision and use the caseate nt for access to
other lands. Any such lands using this easement for access shall contribute proportionately to maintc nancc and
repair costs.
B. Declarant may relocate one or more portions of the easement from time to time. but the
relocated easement shall be of similar character and utility.
C. Easement owners shall be solely responsible for any maintenance or repair decried necessary
by them for use of the easement and shall repair. at their sole expense, any damage caused by their a >e. Declarant
shall not have any obligation to contribute to any such maintenance or repair, except to the extent tin t Declarant is
an owner of lands served by the easement. The costs of repair, maintenance, snow plowing, and oiler expenses of
upkeep and preservation of the easement shall be the sole responsibility of the owners of lands serve 1 by the
Easement, and such costs shall be shared by the owners of the respective lands, one share for each si 'gle family
residence served by the Easement.
D. This Easement shall be governed by and construed in accordance with the laws of the State of
Colorado and the Easement owners, by their use of the road, consent, subject to the following arbitration provision.
to the personal jurisdiction of the District Court of Garfield County. Colorado regarding any issues a ising under this
agreement.
E. This agreement and the terms, conditions and provisions hereof may be enforce i by the owners
of the benefited Lots, their successors and assigns. In the event that litigation or arbitration arises out of the re-
lationship created by this agreement or use of the easement, the prevailing party shall be entitled to rambursement
for its reasonable attorneys' fees. expenses, and costs incurred in connection therewith.
F. Easement owners, shall hold DECLARANT harmless and indemnify DECLAR.\NT from ans
claim. demand, injury, damage. liability or obligation whatsoever resulting or arising from owners vie of the
easement or use by anyone under authority or invitation of Easement owners of the easement hereby erantcd. which
indemnity shall include reasonable attorney's fees, expenses and costs.
G. Any dispute arising under this Agreement or use of the Easement shall be resol' ed by binding
arbitration, pursuant to the Rules of the American Arbitration Association, or as otherwise agreed b) the ponies.
Tamburcllo Easement Declaration: T6SR93Wscc.2&3
12/12%2002: Page 2 ot'3
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Any award resulting from such arbitration may be enforced as a judgment under the Colorado Rules o Civil
Procedure.
H. Declarant or subsequent Lot owners may incorporate the terms hereof into the cevenants of a
common interest community.
I. Under no circumstances shall road access be denied to or from any Lots over and ;(cross the road
easement for emergency vehicles, maintenance equipment, and government officials while on official Dusiness.
K. This agreement shall be binding on the successors and assigns of the parties.
Di Li' *�
A.
reg /
s 41111.- `.
‘("Igaifr.
nne E. Tamburello
STATE OF Colorado, COUNTY OF Garfield ) ss.
The foregoing instrument was acknowledged before this day of 20_. by
Greg Tamburello and Anne Tamburello.
Witness by hand and official seal.
My commission expires:
SEAL:
Notary Public
CONSENT AND JOINDER
Barry D. Smith and Nancy J. Smith, Beneficiaries of a Deed of Trust (dated 2/7/2001. record(
Recep. No. 575844, B. 1230, P. 765) encumbering Parcels 3, 4, 5, and 6 as described in said Deed of T
consents to and joins in this Declaration. By this consent and joinder, said Beneficiaries acknowledge
the Easement created hereby is senior to their Deed of Trust and not subject to the lien of said Deed of
f ` 4� L �Zt Date: r2_1 f a l a i
f vc Barry D. Smith t
0 /���,,r ry t,Date: (1-- 1(: I G �-
G,� Nancy J. Smith 1,� > c
d 2/28/2001.
rust. hereby
and agree that
Trust.
STATE OF , COUNTY OF ) ss.
The foregoing instrument was acknowledged before this day of . 20.
Barry D. Smith and Nancy J. Smith.
Witness by hand and official seal.
My commission expires:
Tamburello Easement Declaration: T6SR93Wsec.2&3
12 12'2002: Page 3 of 3
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.�;�lt:
08/13/2004 14:11 9702651319
141111'11M 1111111111111111(1111111111(11111111111411
'611844 12/19/2002 12:19P 81418 P439
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MEASUREMENT PLUS PAGE 02
SPECIAL/WARRANTY DEED
THiS DEED. dated 1 21/
8/c'- , between
Greg Tamburello and Anne Amb elan, of the County of Garfield and State
of Colorado, grantor(s). and Derck S. Johnson and Kathleen M. Johnson,
whose legal address is 54 Hachfbcrry Lane, Parachute, CO 81635 of the
County of Garfield and State of Colorado. grantees:
WITNESS, that the grantor(s). for and in consideration of the sum of (S210,000.00) Two Hundred Ten Thousand
and (10/100 DOLLARS. the receipt and sufficiency of which is hereby acknowledged. have granted. bargained, sold and
conveyed, and by these presents do grant. bargain, sell, convey and confirm unto the grantees. their heirs and assigns
forever, not in tenancy in common but in. joint tenancy. all the real property, together with improvements. if any. sinuate.
lying and being in the County of Garfield and State of Colorado. described as follows:
PARCEL 3: A TRACT OF LAND SITUATED IN THE SW1/4 OF SECTION 2 AND THE SE1/4 OF SECTION 3 iN
TOWNSHIP 6 SOUTH. RANGE 93 WEST OF THE 6° PRINCIPAL MERIDIAN iN GARFiELD COUNTY.
COLORADO AND BEiNG MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST 1/16 CORNER OF' SAID SECTION 3. AN ALUMINUM PiPE WITH A
3" ALUMINUM CAP PROPERLY MARKED. THENCE S00°25'47"E A DISTANCE OF 311.14 FEET TO A POiNT
ON THE NORTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 537 AT PAGE 830.
GARFIELD COUNTY RECORDS: THENCE N89°10'02"E AND ALONG THE NORTHERLY LINE OF THE
PARCEL OF LAND DESCRIBED IN SAiD BOOK AND PAGE, A DISTANCE OF 131.8.4 FEET. THENCE.
N46°16'06" E AND CONTINUING ALONG SAiD NORTHERLY LINE A DISTANCE OF 468 10 FEET: THENCE
N89°10'02"E AND CONTINUING ALONG SAID NORTHERLY LINE A DISTANCE OF 132.49 FEET. THENCE
SO4"31'03"E A DISTANCE OF 201.91 FEET; THENCE S00°48'07"E A DISTANCE OF 5.18 FEET: THENCE
S89°58'57"E A DISTANCE OF 806.49 FEET. THENCE N00°00'24"E A DISTANCE OF 1214.14 FEET. THENCE
S89°26'36"W A DISTANCE OF 103.3) FEET TO A POINT ON THE WEST LiNE OF THE SAiD SW1/4 OF
SECTION 2: THENCE S00°26'26"E AND ALONG SAID WEST LINE A DISTANCE OF 132 73 FEET: THENCE
S89°38'48 -'W A DISTANCE OF 1331.76 FEET TO A POiNT ON THE WEST LINE OF THE NE 1 /4SF 1 /4 OF SAiD
SECTION 3: THENCE S00e25'47"E AND ALONG THE WEST LINE OF SAID NE 1/4SE 1/4 OF SAID SECTION 3 A
DISTANCE OF 881.82 FEET TO THE POiNT OF BEGINNING.
TOGETHER with the and subject to the following described non-exclusive easement for access and
utilities:
A STRiP OF LAND 60 FEET IN WIDTH FOR THE USE OF ACCESS AND UTILITY PLACEMENT SiTUATE iN
THE SE1/4SE1/4 SECTION 3 AND iN THE S1/2 SECTION 2 AND IN THE NW 1/4NEI/4 SECTION 10, TOWNSHIP
6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFiELD. STATE OF
COLORADO SAID ACCESS AND UTILITY EASEMENT LYiNG 30 FEET TO EACH SiDE OF THE FOLLOWING
DESCRIBED CENTERLINE: COMMENCING AT THE EAST 1/16 CORNER BETWEEN SECTION 3 .AND
SECTION 10, AN ALUMINUM CAP IN PLACE; THENCE S 00°42'37" W 1319.67 FEET TO A POiNT ON THE
NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 293 THE TRUE POiNT OF BEGINNING: THENCE
ALONG SAiD CENTERLINE THE FOLLOWING FIFTEEN (15) COURSES: I) N00°3512"W 1349.44 FEET: 2)
N89"3S'00"E 389.73 FEET: 3) N28°22'.58"E 197.65 FEET; 4) N20°17'54"E 110 36 FEET: 5) N 13"13'53"E 165.49 FEET:
6) N42°02'53"E 200_71 FEET; 7) N47°52'24"E 173.28 FEET: 8) ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 200.00 FEET AN ARC LENGTH OF 133.30 FEET (CHORD BEARS N24° 1x'5 I 'E 130.84
FEET): 9) NO3°30'36"E 175.00 FEET: 10) N09°33'22"W 102.23 FEET: i 1) S89°58'57"E 577.29 FEET: 12)
S89°58'57"E 939.42 FEET: 13) N59°51'01"E 313.38 FEET; 14) ALONG THE, ARC OF A CURVE TO THE RiGHT
HAVING A RADIUS OF 125.00 FEET AN ARC LENGTH OF 107.03 FEET (CHORD BEARS N84"23'47"E 103.79
FEET), 15) S70°39'36"E 80.26 FEET TO THE POiNT OF TERMINUS WHENCE SAID EAST 1/16 CORNER
BETWEEN SECTION 3 AND SECTION 10 BEARS S65°38'21"W 3081.29 FEET, SIDE LINES TO BE
LENGTHENED OR SHORTENED TO CLOSE UPON PROPERTY LiNES.
SUBJECT TO AN IRRIGATION PIPELINE EASEMENT DESCRIBED AS:
C:\CL.TENTS�Tamhurello1Smithkdoc SWI).1ohnaan Pucci 3 form 515.doc
When recorded. return to I. Savage. P_U.Box 1925. Rifle. CO 81650-1926
427
08/13/2004 14:11 9702651319
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8/8844 12/19/2002 12:19P 21418 P4
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MEASUREMENT PLUS PAGE 03.
A STRIP OF LAND 60 FEET iN WiDTH FOR THE USE OF AN IRRIGATION DiTCH PIPELINE EASEMENT
SITUATE iN THE EI/2SE1/4 SECTION 3, TOWNSHIP 6 SOUTH. RANGE 93 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO SAID EASEMENT LYING 30 FEET TO EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE'
COMMENCING AT THE EAST 1/16 CORNER BETWEEN SECTION 3 AND SECTION 10, AN
ALUMINUM CAP IN PLACE: THENCE NO0°39.30''E 2203.21 FEET TO THE TRUE POINT OF BEGINNING.
THENCE ALONG SAiD CE_NTERLiNE THE FOLLOWING ELEVEN (II) COURSES: 1,) ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEEL , AN ARC LENGTH OF 11602 FEE' (CHORD
BEARS S 6l°53'52" E 109.62 FEET): 2.) ALONG THE ARC OF A CURVE TO THE RiGHT HAVING A RADIUS
OF 100.00 FEET. AN ARC LENGTH OF 125.79 FEET (CHORD BEARS S 59°05'58- E 1 1 7 66 FEE r): 3) S
23°03'51" E 49.82 FEET; 4.) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 201) 01)
FEET, AN ARC LENGTH OF 86.52 FEET (CHORD BEARS S 35°27'26' E R5 R5 FEET): 5.) S 47'51-02-- E 169 44
FEET; 6 ) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET. AN ARC
LENGTH OF 187 81 FEET (CHORD BEARS S 20°56'56' E 180.98 FEET): 7.) S 05°57'09" W 255.92 FEET. 8.)
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 65.00 FEET. AN ARC LENGTH OF
109.80 FEET (CHORD BEARS S 42026'25" E 97,20 FEET): 9.) N 89°10'02" E 72.81 FEET. 10.1 ALONG THE ARC
OF A CURVE TO THE RiGHT HAVING A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 45.19 FEET (CHORD
BEARS S 47°40'31" E 41.04 FEET): 11.) 5 04°31'03" E 179.37 FEET TO THE POINT OF TERMINUS WHENCE
THE SAID EAST 1/16 CORNER BETWEEN SECTION 3 AND SECTION 10 BEARS S28°4944"W 1325.07 FEET.
SIDE LINE TO BE LENGTHENED OR, SHORTENED TO CLOSE UPON PROPERTY LINES.
WATER RiGHTS: Conveyance includes 0,25cfs of thc historically appurtenant wafer nghts out of the Rills Creek Canon
Ditch. together with all related ditch rights. Conveyance of water rights is made by quit claim without warranty as to title,
quantity or quality of water.
also known by street and number as: the CR 293, Rifle, CO 81650
assessor's schedule or parcel number: 2177-034-00-439
TOGETHER with all and singular the hereditaments and appurtenances thcrcunw belonging. or in amahisc
appertaining. the reversion and reversions, remainder and remainders, rents. issues and profits thereof. and ;ill the estate.
right, title, interest, claim and demand whatsoever of the grantor(s). either in law or equity. of, in and to the above
bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances. unto the
grantees, their heirs and assigns forever. The grantor(s). for themselves. their heirs. personal representatives. successors
and assigns, do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained
premises in the quiet and peaceable possession of the grantees, their heirs and assigns. against all and every person or
persons claiming tl a whole or any part thereof, by. through or under the _rantor(s)
/ 4
WIT fQ1E WHEREOF, the grantor(s) have executed this deed rn the date set foy(h abore.
Greg Tamhurello
i
7
STATE OF COLORADO
County of GARFIELD
The foregoing instrument was acknowledged before me this
Tamblrello and Anne Tamburello.
c Tamburcllo
t 'day of -ev,,,4 tf Greg
Witness my hand and oMaial-scYtl--_
ortunission cvrti
�yL C m sine Fxplrea 09127/2006
Scott E. Aibner, L.S. #31143 Bookeliff Survey Services, Inc. 136 East Third St, Rifle. CO 816,
Netmc and Address of Person Creating Newly Created Legal Decmption (§38.35-1OG.5. C. R_S.
Rrv. ;1 -MI. SPECIAL WARRANTY DEED (tn.)o!nt Tenants)
Special Watratty r)ccd: Tnmburcllo to .lobnsnn. Parcel 3. Sec, 3, 65, 93W
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EASEMENT DECLARATION
(Amendment and Extension of E4sement Declaration recorded 12/19/03, #616842, B.1418 P. 429)
This Easement Declaration is made by Greg Tamburello and Anne Tamburello ("DECLARANT"),
whose address is 1743 CR 210, Rifle, CO 81650.
DECLARANT hereby creates the following described Easement, with the following described non-
exclusive rights and obligations to use of the following described easement.
1. Declarant hereby creates a non-exclusive easement, for access and utilities described as follows:
A STRIP OF LAND 60 FEET IN WIDTH FOR THE USE OF ACCESS AND UTILITY PLACEMENT SITUATE IN THE
SEI/4SE1/4 SECTION 3 AND IN THE SI/2 SECTION 2 AND IN THE NW I/4NE1/4 SECTION 10, TOWNSHIP 6 SOUTH,
RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO SAID
ACCESS AND UTILITY EASEMENT LYING 30 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
6.0 EASEMENT FROM CR 293 ACROSS PARCELS 2.3 4.5 and 6 (As described in Affidavit Re Boundary Line Adjustment recorded
12/19/2002. Reception No. 616843 B. 1418. P. 432):
F\j COMMENCING AT THE EAST 1/I6 CORNER BETWEEN SECTION 3 AND SECTION 10, AN ALUMINUM CAP IN PLACE;
Li THENCE S 00°42'37" W 1319.67 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 293
THE TRUE POINT OF BEGINNING;
,eD THENCE ALONG SAID CENTERLINE THE FOLLOWING FIFTEEN (15) COURSES:
I) N00°35'32"W 1349.44 FEET;
2) N89°38'00"E 389.73 FEET;
3) N28°22'58"E 197.65 FEET;
4) N20°17'54"E 110.36 FEET;
5) N13°13'53"E 165.49 FEET;
6) N42°02'53"E 200.71 FEET;
7) N47°52'24"E 173.28 FEET;
8) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AN ARC LENGTH OF
133.30 FEET (CHORD BEARS N24°18'51"E 130.84 FEET);
9) NO3°30'36"E 175.00 FEET;
10) N09°33'22"W 71.80 FEET;
11) S89°58'57"E 577.29 FEET;
12) S89°58'57"E 939.42 FEET;
13) N59°54'01"E 313.38 FEET;
14) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 125.00 FEET AN ARC LENGTH OF
107.03 FEET (CHORD BEARS N84°2547"E 103.79 FEET) ;
15) S70°39'36"E 80.26 FEET TOiTHE. EAST LINE OF SAID PARCEL 5, A POINT OF TERMINUS;
WHENCE SAID EAST 1/16 CORNER BETWEEN SECTION 3 AND SECTION 10 BEARS S65°38'21 "W 3081.29 FEET,
SIDE LINES TO BE LENGTHENED OR SHORTENED TO CLOSE UPON PROPERTY LINES; AND
EASEMENT TO EAST LINE OF(PARCEL 6:
COMMENCING AT THE AFORESAID POINT OF TERMINUS ON THE EAST BOUNDARY OF PARCEL 5, THENCE
ALONG SAID CENTERLINE, THE FOLLOWING SIX COURSES:
I) S70°39'36"E 91.50 FEET;
2) S6I°30'48"E 231.14 FEET;
qz) JO
(N 3) S70°59'45"E 625.59 FEET;
4) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET AN ARC LENGTH OF 127.45
w rn
q FEET (CHORD BEARS N72°2936"E 118.99 FEET);
oo 5) N35°58'58"E 223.56 FEET;
cn ° 6) N00°27'54"W 211.54 FEET To A POINT OF TERMINUS ON THE NORTH AND EAST BOUNDARIES OF PARCEL 6,
w WHENCE SAID EAST I/16 CORNER BETWEEN SECTION 3 AND SECTION 10 BEARS S70°58'55"W 4158.01
o w FEET, SIDE LINES TO BE LENGTHENED OR SHORTENED TO CLOSE UPON PROPERTY LINES; AND
o
x
O
H
H
EASEMENT TO SOUTH LINE F PARCEL 6:
COMMENCING AT THE AFOR SAID POINT OF TERMINUS ON THE EAST BOUNDARY LINE OF PARCEL 5,
THENCE, ALONG SAID ENTIERLINE, S70°39'36"E 91.50 FEET; THENCE S61°30'48"E 231.14 FEET TO THE
POINT OF BEGINNING, HEI+{CE ALONG SAID CENTERLINE, THE FOLLOWING EIGHT COURSES:;
1) S45°04'51"E 206.80 FEET;
2) S47°54' 13"E 274.71 FEET;
3) ALONG THE ARC OF A CUIgVE 1)0 THE RIGHT HAVING A RADIUS OF 125.00 FEET AN ARC LENGTH OF 93.83
FEET (CHORD BEARS CLI
8° 14103"E 91.64 FEET);
4) S03°44'32"E 119.20 FEET; i
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5) S23°55'00"E 195.62 FEET;
6) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 144.69 FEET AN ARC LENGTH OF
146.05 FEET (CHORD BEARS S08°44'41"W 139.93 FEET);
7) S37°54'27"W 138.82 FEET;
8) S50°16'32"W 228.15 FEET TO A POINT OF TERMINUS ON THE SOUTH LINE OF PARCEL 6 AND NORTH LINE
OF NW l/4NEl/4NW1/4 OF SEC. 11, T. 6 S., R. 93 W., 6T" P.M.
WHENCE SAID EAST 1/16 CORNER BETWEEN SECTION 3 AND SECTION 10 BEARS S89°30'41 "W 3295.23 FEET,
SIDE LINES TO BE LENGTHENED OR SHORTENED TO CLOSE UPON PROPERTY LINES; AND
EASMENT TO NORTH LINE OF PARCEL 6:
COMMENCING AT THE AFORESAID COURSE NO. 15, POINT OF TERMINUS; THENCE, ALONG SAID
CENTERLINE, S70°39'36: 91.50 FEET TO THE POINT OF BEGINNING; THENCE, ALONG SAID
CENTERLINE, N00°33'49`W 104.06 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL 6, ONE
POINT OF TERMINUS FOR SAID EASEMENT (WHENCE THE NORTHWEST CORNER OF PARCEL 6 BEARS
S89°26' 11"W 85.91 FEET). SIDE LINES TO BE LENGTHENED OR SHORTENED TO CLOSE UPON PROPERTY
LINES.
(Description of easement created fly: Scott E. Aibner, L.S. #31143, Bookcliff Survey Services, Inc., 136 East Third St., Rifle,
CO 81650)
2. Said Easement shall be for use thtl owners of Parcels 2, 3, 4, 5, and 6 (as described in Boundary Line
Adjustment Affidavit recorded at Receptidn No. 615843 B. 1418, P. 432) and other lands located in Secs. 2, 3, and
11, to which Declarant grants rights to use of this easement, their successors, assigns, agents, employees, tenants,
guests and invitees, for a private access TO , and utility and drainage purposes, subject to the terms, conditions and
provisions hereinafter set forth.
3. This Declaration is made, without warranty of any kind, either as to title, authority, or as to the road's
quality, safety, condition, or future usability. To the extent this document is considered to be a conveyance, it shall
be considered a quit claim deed.
4. The easement shall be non -ex¢ usive and appurtenant to the above-described properties to which access
is granted by this Agreement. No right toi is easement can be granted, conveyed or transferred, separate from an
interest in the lands to which access is 1 tedlby this Agreement. This Declaration does not give the Easement
owners right to grant any right to the pubic for use of the easement without the express written agreement of the
DECLARANT.
5. The easement is subject to the folidwing terms and conditions:
A. Declarant, or owner$ of lands burdened by the Easement, may incorporate said easement into a
subdivision and use the easement for access to other lands. Any such lands using this easement for access shall
contribute proportionately to maintenance and repair costs.
B. Owners of lands burttened by the Easement may relocate, at their expense, one or more
portions of the easement from time to time, but the relocated easement shall be of similar character and utility.
C. Easement owners s II be solely responsible for any maintenance or repair deemed necessary
by them for use of the easement and shall epair, at their sole expense, any damage caused by their use. Declarant
shall not have any obligation to contribut . to any such maintenance or repair, except to the extent that Declarant is
an owner of lands served by the easement The costs of repair, maintenance, snow plowing, and other expenses of
upkeep and preservation of the easement hall !be the sole responsibility of the owners of lands served by the
Easement, and such costs shall be shared .y the owners of the respective lands, one share for each single family
residence served by the Easement.
D. This Easement she'll e governed by and construed in accordance with the laws of the State of
Colorado and the Easement owners, by t it 4e of the road, consent, subject to the following arbitration provision,
to the personal jurisdiction of the District. ouft of Garfield County, Colorado regarding any issues arising under this
agreement.
E. This agreement and e terms, conditions and provisions hereof may be enforced by the owners
of the benefited Lots, their successors an4 assigns. In the event that litigation or arbitration arises out of the re-
lationship created by this agreement or u of the easement, the prevailing party shall be entitled to reimbursement
for its reasonable attorneys' fees, expense:, an costs incurred in connection therewith.
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F. Easement owners, shall hold DECLARANT harmless and indemnify DECLARANT from any
claim, demand, injury, damage, liability or obligation whatsoever resulting or arising from owners use of the
easement or use by anyone under authority or invitation of Easement owners of the easement hereby granted, which
indemnity shall include reasonable attorney's fees, expenses and costs.
G. Any dispute arising under this Agreement or use of the Easement shall be resolved by binding
arbitration, pursuant to the Rules of the American Arbitration Association, or as otherwise agreed by the parties.
Any award resulting from such arbitration may be enforced as a judgment under the Colorado Rules of Civil
Procedure.
H. Declarant or subsequent Lot owners may incorporate the terms hereof into the covenants of a
common interest community.
I. Under no circum tans s shall road access be denied to or from any Lots over and across the road
easement for emergency vehicles, nten ce equipment, and government officials while on official business.
K. This ee sha be binding on the successors d assigns of the parties.
I
Anne Tamburello
STATE OF Colorado, COUNTY Olt Garfield ) ss.
The foregoing instrument was acknowledged before this arkday of u L+ , 203 �, by
Greg Tamburello and Anne Tamburello. •
Witness by hand and official seali
My commission expires: cl1,�11c
SEAL:
D l
AN.k ROOT
Nlr�T/RY PUBLIC
STATE OF COLORADO
My C
3912/2005
r .,xpired
omrms�.n E
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