HomeMy WebLinkAbout1.0 ApplicationBEFORT 1E BOARD OF COUNTY COMMISSION.
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
OF
Pursuant to
the Subdivision
Secti on 2.02.01
c.R.s. (re73)
Regul ations of
(d) and 3.02.01
(10) (a)
Co1 orado,
- (a) as
adopted
arnended, and
January 2, 1979
Section 30-28-l0l
Garfield County,
the undersi gned
respectfullY Petitioners the
Board of County Conynissioners of Garfie'ld County, Colorado, to exempt bY resol u-
tion the division ,tJrfr-"cre tract of land into L tracts of
approxi ^ut"lv'{l-)* &rLV ucres each, more or less, from the difinitions of
"subdivision" and "subdivided land" as the terns are used
(I973) Section 30-28-101 (a) - (d) and the Garfield Countv
for the reasons stated below:
and defined in C.R-S-
Subdi vision Regul ations,
In support of this petition, the petitioner also submits the following:
t*f nap drawn to-scale showing proposed lot
subdivision and access
+ff Copy of deed(c) vi ci ni ty l''lap(d) State on source of donpstic wateri"i Statement on method of sewage disposal(t) 100 year floodnlain information where
Iivg stream cnosses or adioins said tract(g) Fee in the arnount of $ 57 f\C)(h) EVidence of the soil tYPes
Submitted at Glenwood Springs, Colorado, thit /9 day o , I98l
ti oner
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EXEMPTION
One of the following requirements must be net to qualify for an exemptjon from t}e
Garf iel d County Subdi vi s i on regu'l ati ons:
1. The newly created parce'l will be for a spouse, son, daughter, or spouse
of a deceased child.
?.Thesubdjvjdedparcel.issplitbyapubljcriqht-of-rvay(StateorFederal
Highvray, County Road or Railroad) or natural feature preventinq io'int use
of"proposed tricts and the divjsion occurs along that publ'ic rjoht-of-way
or natural feature.
3. The newly created tract will be or.rned by a public entity or-will be_used
soley fo-r tne purpose of providing access to existing parcels, resulting
in the creation of no additional tracts.
4. The conveyance is for the purpose of adjusting property lines, and the
conveyed iracts becone part of existjng tracts, there being no new parcel
created
5. The proposed tracts were created and separa.tely identified prior.to the
lst day'oi-iepternber, 1973, or were created and separately identified
througir in" "l"rption process prior to the effective date of this resolution-
6. The property being subdivided has been under the same ownership for at
least fire i5) yeirs, and the division together with any earlier permitted
under circumstances not defined above, wiil create no rpre than three (3)
new tracts under 35-0 acres in size.
AII new parceis created must meet all requirenents of the applicable zone district.
Procedures:
l. Applicant will obtain a copy of the petition for exemption from the
Planning 0ffice-
Z. The completed petition for exemption will be returned with the required
information as outlined on the application'
3. Upon review and determination that the aPPlicatjon is complete, a reet]n9
with the Board of County Conmissioners will be set by the Planning 0ffice-
4. If approved by the Board, a lega'l description of.each new tract created
will be furniihed to the planning Departnent within 120 days. A resolution
will be pi"pui"a and signed by tfie Cirairnnn of the Board granting the
exempti on.
The following information will be submitted along with the petition for exemption:
l. Map drawn to scale showing proposed lot subdivision and access.
Z. Copy of deed and letter from property owner, if other than petitioner.
3. Vicinity map (Copy of USGS quadrang'le nap showing property location or
equi va1 ent - )
4. Statenent on source of dor,,restic water to each tract- (f ndi vidual well ,
.o*rnit! ".fi,-rpiinS,-iiit".n, municipal system, etc.)*
5. Statenent on r.,ethod of sewage disposal . '(Individual system or conununity
system)*
6. I00 year floodplain information
proposed subdivided Iand.
7. Evidence of the soil tYPes and
conservation analYsis)
where Iive stream crosses or adioins the
*If conrnunity or municipal system wiII provide service, then letter from the
gor..ni";-ile, ;tiing-it'" hrri-nsness to serve will be provided.
Fee: $50.00 plus $I.00 per acre for each parcel created under 35 acres in size-
Checks will b'e made payable to "Garfield Cbunty Treasurer."
t,
NAME:
PURPOSE OF EXEMPTiON:
Z0NING | 4,
QUALIFICATION FOR S.B.
EXEMPT I ON
7Oq Azaz
J.@
acces s
LOCATION OF SITE:
N9
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WATER: d1 /a
DIV. 0F WATER RES0URCES RESP0NSE, n /-l
SEWER:
CHECK LIST:
Y rEE PAID ($So +.l.00/acre for each parcel created under 35 acres)
x l,lAP showing proposed lots
DEED
VICINITY MAP
n, 100 yr fl oodpl ain i nfo.
-a/ZsoIL MP
-a/atF community water, I etter of approval from governing body
;-
a)oP
GERALD O. HARTERT
RONALD M. WILSON
RICHARD L. EVERSTINE
LAW OFFICES
HanreRr, MtruceR luo Wrlsotr
810 PITKIN AVENUE
P.O. BOX 850
GLENWOOD SPRINGS, COLORADO 8I602
TELEPHONE: (303) 945.5448
LAWRENCE M. MINCER
MICHAEL E. DOYLE
NEIL S. MINCER
June 9, 1981
Garfield County Planning Director
20L4 Blake Avenue
Glenwood Springs, Colorado 81601
Re: Subdivision Exemption - Meadows and Sievers
Dear Sir:
cryde sievers has been in touch with you concerning anexemption for a division of property near silt. rfie propertyis owned by my clj-ent, w. c. ttreidows. Mr. sievers i-n&icatea-that in order f9r y9u to proceed, it was necessary that youhave authorization from Mr. and Mrs. Meadows and i copy -or
their deed. The authorization and the deed copy are -enclosed.
P1ease call if I can be of any further service.-
Very truly yours,
HARTERT, MINCER AND WILSON
RMW/c1
Enclosures
\-efJr Q-,*t'fied,,^* h'8 *,r^-A! {n. W "-0^"-,*
RF,EID CO. PLANNEq
Garfield County Planning and Zoning Commission
Garfield County Commissioners
We hereby authorize Clyde H. Sievers to petition for
exemption from the County Subdivision Ordinance to allow
division of property owned by me located in Lot 6 in the
SWkNnk of Section 9, Township 5 South, Range 92 West of
the Sixth Principal Meridian, in Garfield County, including
meander land of the Colorado River adjacent to said Lot 6,into two parcels, one of approximately L2.57 acres and one
of approxirnately 2.68 acres.
Executed tne ZA day of May, 1981
Recorded at ----.- --- --o'clock-_ --M
Reception No.-
ll
i, THIsDEED, Madethis 27L1, dayof August ,
li 19 8I ,between W. C. I,IEADOWS and E. J. I,IEADOi,
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County oGarf ieldState of
Recorder.
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ecorder's Stamp -il ii
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Colorado, ofthe first part, and
CLYDE H. SIEVERS and LUCY J. SIEVERS
whoselegaladdressis 32956 Highway 6 & 24,
silt, Colorado 8L652
dd*E
QDdEI€do, of the second part:
Qaruo<txxf rN*St<*qnd
I WITNESSETH, That the said part issof the first part, for and in consideration of the sum ofi One Dollar and other valuable consideration
EMDDdffi
to the said partle s of the first part in hand paid by the said parties of the second part, the receipt
whereof is hereby confessed and acknowledged, have remised, released, sold, conveyed and quit
r1 claimed, and by these presents do remise, release, sell, convey and quit claim unto the said ;;
I parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint il
] i..rr.r"y, all the right, title, interest and demand which the said part ies of the first part ili have in and to the following described lot or parcel of land situate, lying and ll
] l"irg in the l]
I I County of and State of Colorado, to wit: I t
I A parcel of tand situated in Lot 5 and the Meander Land of the l,jiGrand (Colorado) River being in the SWkNEL, all in Sectj-o4'9, ji
lTownship 6 South, Range 92 West of the Sixth Principal Meridian, ...,. llj Garfield County, Coloiado, said parcel of land' is more fu1tlr describ-rjed as follows: Beginning at a point on the East. line of said Lot iii6, whence the Northeast Corner of said Section'9 bears: lN. 35o58'13'1
ilr. 2206.65 feet; thence S. OOo43'35" E. along said East line i
i1490.8I feet to the centerline of the Colorado River; thence N. ii
i 88"30'00" W. 168.58 feet along said centerline of river; thence N. iilirr"43'30" W. 480.75 feet; thence N. 32o35'I3" B. :-26.OB feet; iil]tn".r"e S . 6 4" 45 r 0O 'r E. 2L2. 38 f eet to the point of beginning, ifil^^.^.-.:.^.i.^^ . ro i ---
r ---- --J-""--')' ,licontaining 2.68 acres, more or less.
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TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest, and claim whatsoever of the said parties of the first part, either in law or equity,
unto the said parties of the second part, their heirs and assigns forever, not in tenancy in
common but in joint tenancy.
IN WITNESS WHEREOF, The said part iesof the first part ha ve hereunto set their
hand s and seal s the day and year first above written.
Signed, Sealed and Delivered in the presence of
AL]
SEAL]
The foregoing instrument was acknowledged before me this
1SI ,by W. C. Meadows and E. J. I{eadows.
27ttl day of August ,
My commission expiies September 4 , 19B3
WITNESS my hand arid official seal.
Ll
STATE OF COLORADO,
I"".
Countyof Garfield )
No.962. qtItTCLAtMDEED.-ToJointTenrnh*lltadfordPublishingCo., l8{6stoutStreet,Denver,Colorado(5?3-601f)-?-?8
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Recordetl :rt - o'clock
---_1\IReception No.-'
Tr[ts DEED, rrradethis
19 B0 ,betrveerr
IIIABEL M. HARNESS
Colorado, and
JO Z\NN NICHOLS of
Ca]-ifornia
ofSe
29th
of Garfield
Whittier,
day of May
County
tfNA*6.rG5X)06r&xxlf
[&ttrtx[u, of the first part, and
IT. C. MEADOWS ANd E. J. MEADOWS
rvhose legal adtlress is I 12 Pol-o Road, Glenwood Spri ngs ,
of the Countyof Garfield and State of Colorado, ofthe second part:
MTNESSETII, that the said partieS of the first part, fol and in consideration of the sum of
Ten Doll-ars and other good and valuable considerations
to the said partieS of the first palt in hand paid by the said parties of the second palt, the receipt rvhereof is
hereby confessed and acknorvledged, ha V€ granted, batgained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever,
not in tenancy in common but in joint tenancy, all the follorving described lot or parcel of land, sittrate,
lying and being in the Countyof Gaf f ield and Stateof Colorado,torvit:
A parcel of land situated in Lot 6 of Section 9, Township 6
South, Range 92 I"Iest of the Sixth Principal l4eridian, Garfield
County, Colorado, lying Southeasterly of the Southerlyright-of-hray line of Interstate 70, said parcel of land is
more fulIy described as follows:
Beginning at the intersection point of said right-of-rray
line and the East line of said Lot 6i whence the I'trortheast
Corner of said Section 9 bears: I.l. 43o40 r 57" E. L884.39
feet; thence S. 00"43'35" E. along said lot line, 809.28
feet to a point on the North bank l4eander Line, being the
Southeast Corner of saj-d Lot 6; thence N. 59"15'00" V7.
609.76 feet along said }leander Line; thence N. 50o30r00" I'I.
along said l,leander Line, 235.34 feet to a point on said
right-of-rray line; thence, along said right-of-rray line, N.
57'58r30'' E. 307.9? feet; thence 472.45 feet along the arc
of a curve to the right, having a radius of 27L4.789 feet,
the chord of which bears: N. 66"59'13" E. 47L.86 feet, Lo
the point of beginning, containing 7.09 acres, more or less.
WfTHOITT and EXCLUDING a right of access from said lands to any
open public road, street or highway-
d *6x)ftxli x+q)fi xdg )fixFnxiCIox
TOGETIIER rvith all and singular the hereditaments and appurtenances thereunto helonging, or in anyrvise apper-
t:rining, and the reversion and reversions, remainder and renraintlers, rents, i.ssues and profits thereof; and all the
estate, right, title, interest, clainr and demand rvhatsoever of the said part i.,g of the fi rst part, either in larv or eqtr ity, I I
of, in and to the above bargainetl premises, rvith the hereditaments and appurtenances.
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p*I&*&$,
No. 768. fv:fHRAs..TY DEED-ToJointTenanrs.-Bradford Prrblishing Co., l!i2.l-{6, Stout Street, Denver,ColorarJo- ll.?7 (:l::)
TO IIj1., ..\\D TO HOI,D the said prenrises above liargainetl antl describetl, rvith the appurteuances' trnto the said
pa rties ol'tlie secon rl part, tlreir hei rs zrnd assigns forever. And the said part i€ S of the fi rst part, for th em
sel V€S lreirs, executors, and adnrinisttators, do covenant, grant, bargain and agree to and rvith the
said parties of tlrc secotrtl p1r.t, t6eir heits and assigns, that at the time of the enseating and delivery of these pt'esents'
they are .rvell seized of the pr.emises above conveyed, zr:; of gootl, sure, Perfect, absolute and indefeasible estate
of inl.reritance in larv, in fee sinrple, and haV€ good riglrt, full pou'er alrd lawful authority to grant, bal'gain, sell and
convey the salre in nranner and for-m aforesaid, and that the sanre are free and clear fronl all former and other grartts'
bargains, sales, liens, taxes, assessments antl incumbranees of rvhatever kind or nature, soever' except f or
taxes for 19BO due in 19BI and subject to oiI and gas leases of
recordi
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs
ancl assig,s, against all and every person or persolls larvfully claiming or to claim the whole or any part thereof, the said
part i.eS ofthe first part shall and rvill 1VARRANT AND FOREVER DEFEND'
IN WITNESS \YHEREOF, the said part jg5 of the first part hayg hereunto setheir hand s and
seal S theday'and yearfirstabovervritten
Signed, Sealed atrd Delivered in the Presence of
MABEL RNESS
--*lsEALI
SEAL]
STATEOFCOLORADO, I
rheroregoin*,,,r.,",1111'-:1,""-::"?.::1"r.".J";,,=
1e B0 ,uy Mabel M- Harness '
I\(y commission expires September 1
29l-h day of MaY
, 19 I2 . Witness my hand and official seal'
fuD:*rNotary Public
acknowled.ged before me this 4
STATE OF CALfFORI,IIA
COUNTY OF
foregoing
of April,
)I ss.
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The
day
f'l
instrument'was
1980 by JO ANN NICHOLS.
Witness my hand and official seal
My corunission expires:tl,/t, tl i6. /9fB
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NICHOLS
| OFHC|AL SEAL
RUTH S. IiAULIY
r{0TARY fvElrc . cnLr;onrurA
tos AltctLES Cou|,irY
QUIT CT.AfII DEED
THrs DEED is nnade this 29th 63y of l{ay , LgBo, betueen
t'lABEL M. I{ARNESS of Garfierd county, colorado and Jo Aut'I
NICI{OLS of Vlhittier, California, Grantors, and [,I. C, i,IEADOWS
and E, J. I{EADOI^IS, rvhose legal address is L12 polo Road,
Glenvrood Springs, Colorado, Grantees
MTIIESSETH, That the said Grantors, for and in consider-
ation of the suril of Tryo Dollars and other good a.nd valuable
considerations, the receipt vrhereof is hereby confessed and
acknowledged, do hereby sell, convey and quit clairir unto the
said Grantees, their heirs and assigns forever, not in
tenancy in common but in joint tenancy, all the right,
title, interest and demand which the said Grantors have j.n
and to the follovring described parcel of land situate, Iying
and being in the County of Garfield and State of Colorado,
to wit:
A parcel of land situated in the l{eander Land of the Grand(Colorado) River, being in the SWLNEL of Section 9, ?ownship6 South, Range 92 tiest of the Sixth Principa-I lrleridian,
Garfield County, Colorado, lying Northerly of the Centerlineof the Colorado F.iver, Southeasterly of the Southerly right-of-rvay line of Interstate 70, and fying betrveen Lots S ana6, of said Section 9, said parcel of land is rnore fuIIydescribed as fol lorvs :
Beginning at the intersection point of said right-of-wayline and the Southwesterly line of said Lot 6; rvhence theIlortheast Corner of said Section 9 bears: I:t. 49025 '00' E.2629.30 feet; thence S. 50"30r00" E, 235.34 feet along the
I,lorth bank l.{eander Ij-ne; thence S.59"15r0C" E. along thet{orth bank }leander 1ine, 609.76 feet to a point on the
East.erly line of said SI'fklIEL, treing the Southeast Corner ofsaid Lot 6; thence S. 00"43 t35" E. along said )Iasterly line,
1A4.70 feet, rnore or less, to the center of said river;thence II. 88"30'00" vI. along said centerline river, 732.66feet to a point on the Irlortheasterly line of saicl Lot 5;thence N. 62"59 r00r' I.I. along the South banl', Meander 1ine,
512.99 feet to a point on said right-of-isay line; thence;along said right-of-r?ay line, Itr. 56"00!00" E. 299.63 feet;
thence Itr. 57"58r 30t' E. 276.08 feet to the point of beginning,
containing 8.16 acres, rilore or less
TogeLher vith all appurtenances.
rN iVITilESS
their hands and
I'JHEREOE, The said
seals the day and
Grantors have hereunto set
year f irst above ulritten.
Harness
STATE OF COLORADO
COUNTY OF GARFIELD
ss.
The foregoing instrurnent r/as acknowledged before
this 29th day of ltlay , l-980, by Mabel 1.1. Ilarness.
Ifitness ny hand and official seal
My cor.rmission expirest September f , l9B2
Notary Public
STATE CF
COUhJTY OF'
ss.
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CALIFORI TA/-4e
0r!,ll/,'-'.c-/
The foregoing instrurnent !'.ras
this 4 day of April, l-980, by
Blitness my hand and official seaI.
Dly connmission expires , r{oy'' /6, / ?8-g
r OFFICIAL SEAL
RUTH S. NAULIY
I,IOTARY PUBLIC . CALIFORNIA
LOS AIIGELES COUilTY
My Commission Expiree liov. 16, l9g3
-2-
acknorvledged before
Jo Ann ldichols.
'ttc-/tr-Z)
i.Iotary PubIic
, /Jcr^t r*-
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Reception No.-
Trtts I)nED, I\{ade this
19 8I , betrveen W .
ofthe
lvhose legal zrddress is 3 29 56
Sil-t, Colorado 81652
udehx
SudEI@do, of the second Part:
day of May
C. I'IEADOWS and E. J. l4EA
Highway 6 & 24,
QsusxQr)s* xx&Siatqsf
Recorder-
day of l{ay
---l
County oGarf ieldState of
Colorado, of the first part, and
CLYDE H. SIEVERS ANd LUCY J. SIEVERS
WITNESSETH, That the said part iesof the first part, for and in consideration of the sum of
One Do1lar and other valuable consideration peu{J6(ffi
to the said parti-e s of the first part in hand paid by the said p arties of the second part, the receipt
wheleof is hereby confessed and acknowledged, have remised, released, sold, conveyed and quit
claimed, and by these presents do remise, release, sell, convey and quit claim unto the said
parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint
i".,ur.r.y, all the righl, title, interest and demand which the said part ies of the first part
have in and to the following described lot or parcel of land situate, Iying and
li being in the
d State of Colorado, to wit:and state oI uolorado, to wlt:ll County of
lla parcel of land situated in !"t _6 and. the Meander Land.of !h"liA parcel of land situated in Lot 6 and the Meander Land ot th
ilCrand (Colorado) River being in the SWkNEt, all in Section 9,
llm^,.*^r-; * ( earr+.L lD=naa O1 rrlae# af #lra Qi v+h Dri nni n:'l Mori diiitownsfrip 6 South, Range 92 West of the Sixth Principal Meridian,
liGarfietd County, Colorado, said parcel of land is more fulIy describ=
lied as follows: Beginning at a point on the East line of said l,ot i
',''6, whence the Northeast Corner of said Section 9 bears: N. 35058'13"i
ils. 2206.65 f eet; thence s. OO o 43 ' 35 t' E. along said East line , ',
490.8I feet to the centerline of the Colorado River; thence N.
88"30'00" W. 168.58 feet along said centerline of river; thence N.
11o43'30" W. 480.75 feet; thence N. 32o35'13" E. 126-08 feet;
thence S. 64"45100'r E. 2L2.38 feet to the point of beginning,
contaj-ning 2.68 acres, more or 1ess.
also known as street and number
TO HAVE AND TO HOLD the same, together rvith all and singular the appurtenances and
plivileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest, and claim whatsoever of the said parties of the first pat't, either in law or equity,
unto the said parties of the second part, their heirs and assigns forevet', not in tenancy in
common but in joint tenancy.
IN WITNESS WHEREOF, The said part iesof the first part ha ve hereunto set their
hand s and seal s the day and year first above written.
Signed, Sealed and Delivered in the pt'esence of ISEAL]
ISEAL]
SEALI
STATE OF COLORADO,
County of
The foregoing instrument rvas acknowledged before me this
1SI ,b] W. C. l"leadows and E. J. l4eadows-
I\Iy cornmission expires
!VITNESS nry hand and official seal.
I.,
!lot.ry Public.
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Recorder's Stamp
No,962. et'llCl,,\lftl)Et)D.-ToJointTenants.-Bradfordl'utrlrshirrgCo.. l,i{6StoutStreet.Derrrer,Colorado(5;3'5011)-7-?8
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GRANT OF EASEMENT
THIS fNDENTURE, made this _ day of I'Iay , L9BL,
between CLYDE H. SIEVERS, LUCY J. SIEVERS, ARTHUR P. GOULD
and RUTH E. GOULD, of the County of Garfield, State of
Colorado, Grantors, and W. C. MEADOWS and E. J. MEADOWS,
whose address is t1-2 Polo Road, Glenwood Springs, County of
Garfield, State of Colorado, Grantees;
WITNESSETH, that the said Grantors for and in considera-
tion of the sum of One Do1lar and Other Good and Valuable
Consideration to the said Grantors in hand paid by the said
Grantees, the receipt whereof is hereby confessed, and by
these presents do grant, bargain, seII, convey and confirm
unto the said Grantees, their heirs and assigns forever, notin tenancy in common but in joint tenancy, an easement andright-of-way which shall al1ow Grantees, their heirs and
assigns, full and free right and liberty for themselves,their agents, visitors, and licensees, at all times here-after, with or without vehicles, for all purposes connectedwith Granteest, their heirsr and assigns' use and enjoyment,
including commercial use, of that real property owned by
Grantees westerly of and adjacent to property owned bySievers, Granteesr property being located in Lot 6 of Sec-tion 9, Township 6 South, Range 92 West of the 6th PrincipalMeridian, Garfield County, Colorado, to pass and repass over
and across the following described real property of Grantors:
A strip of land to be used as an access road situatedin Lot 7 and the NELNEL of Section 9, Township 5 South,
Range 92 West of the Sixth Principal Meridian, Garfield
County, Colorado, Iying Southerly of the Southerlyright-of-way line fnterstate 70, Easterly of the WestIine of said Lot 7, and Westerly of the East line ofsaid NELNEk, said easement shall be immediately adja-cent to and Southerly of the following described line,said line being the northerly boundary of said ease-ment, and shall be 20 feet in width from the point ofbeginning of said line to point 'A', and 30 feet inwidth from point rrArt to the end of said line on the
West line of said Lot 7.
Beginning at a point on the Easterly line of said
NEkNEL; whence the Northeast Corner of said Section 9bears: N. 00o54t26" VI., L243.07 feet; thence along theNortherly line of said easement, S. 53"28t57" W. 51.08feet along a wood fence as now constructed and inplace; thence S. 89"49'27" W., 29.22 feet along saidfence; thence N. 85"29'49" W., 30.73 feet along saidfence; thence S. 81045'15" W., 161.11 feet to point
'A'; thence from point 'A' N. 43"54'03n W. 112.31 feet;
thence N. 73o57'08" W., L45.73 feet to a point on theSoutherly right-of-way line of said Interstate 70ithence aLong said right-of-way line S. 72o2O'30, W.,2L0.29 feet; thence 656.35 feet along the arc of acurve to the left, having a radius of 27L4.789 feet,the chord of which bears: S. 79"53,55' W., 654.75 feet' to a point on the west line of said Lot 7 i whence theNortheast corner of said section 9 bears: N. 43"40r57"
E. , 1884.39 feet.
Which grant shallconstruct and maintain
include the right of the Grantees toa roadway on said property.
TO HAVE AND TO HOLD the said easement unto the saidGrantees, their heirs and assigns, forever. And the saidGrantors, for themselves, their heirs, executors and admin-istrators, covenant to Grantees, their heirs and assigns,that at the time of the ensealing and delivery of these
presents they have good right, full power and rawful author-ity to grant the eaiement ind-right-or-r"v in the manneraforesaid.
fN WITNESS WHEREOF, the saidtheir hands and seals this
A
Grantors have hereunto setday of May, 1981.
STATE OF COLORADO
COUNTY OF GARFTELD
ss.
The foregoing instrument was acknowredged before
Ill:^_---_= 9:, of t{ay, 1e8l_by clyde H. sievers, Lucyslevers, Arthur p. Gould and Ruth E. Gould
Witness my hand and official seal.
My commission expires:
Notary public
me
J.
-2-
)
)
)
-a
!l
PP.OPERTY EXCHANGE AGREEI{ENT
This agreement is rnade ApriI 30 ,
and fl . J. IIEADOV,rS, hereinafte:: "ljeadotrs"
SIEVERS and LUCY J. SIEVERS, hereinafter
Arthur P. GOULD and Ruth E'
l-9Bl by lJ. C. l4EADOt^lS
, and CLYDit FI.
t'sieverstt, and
GOULD, hereinafter
"GouId tt .
For and in consideration of the covenants herein con-
tained, the sufficiency of which is hereby acknorvledged, the
parties covenant 1nd agree as follows:
1. t'leadows agree to convey by quit-claitn deed to
Sievers that parcel of real property described on Exhibit
,A, annexed hereto, in exchange for Sievers conveying to
I'leadorvs an easement as set forth in paragraph 2.
2. Sievers agree to convey to }leadovls an easement over
and across property owned by Sievers, said easement being
described in Exhibit 'rBrr annexed hereto, fot purposes of
constructing and maintaining thereon a roadway for access
frorn the existing public road, the Interstate 7O frontage
road, to lleadows' property. Said access shall be unre-
stricted in purpose and use, and may be used by l'leadows,
their heirs, assignees, invitees and licensees for any type
ctf. vehicuLar acceSs, including access for comr:lercial Pur-
poses. The portion of said easernent, the northerly boundary
of which is a line from the point of beginning to point "A",
as is raore specif icalIy described on Exhibit B, shalI be
non-exclusive, and Sievers and Gou1d, and the heirs, assignees,
invitees and licensees of each, shalI be entitled to unre-
stricted use thereof. The remainder of said easement shall
be exclusive to l4eadows, their heirs, assignees, invitees
and licensees.
3. Gou1dr ds contract purchasers of a portion of land
vrhich shal1 be burdened by the said easernent, execute this
agreement to acknorvledge and agree to the encumbrance of the
property which they have contracted to purchase from Sievers
by the said easernent, and Gould expressly acknorvledge the
'th\f,|., :..l.rtf.
sufficiency of the consideration given for their execution
of this agreement.
4. The conveyance described in paragraph L is contin-
gent upon compliance vrith the Garfield County subdivision
regulations, oT obtaining an exernption from such corlpliance.
Said compliance or exemption shalt be had or obtained by
Sievers at their sole exPense.
5. The parties acknowledge that a portion of the
easement described in Exhibit B is subject to and encumbered
by Permanent Easement No. E-505 granted to the Board .of
Comrnissioners of Garfield County, Colorado and the Colorado
Department of Highvrays by that Order recorded in Book 549 at
Page 707 et seq. in the office of the Garfield County C1erk
and P.ecorder. Sievers represent that they llere parties in
the proceeding which resulted in said order, that said
easement is for the purpose of relocation of Sj-evers' irri-
gation ditch and to prevent access to fnterstate Ilighvray 70
from the property adjoining it. Sievers covenant that they
ryi1l not use any portion of the easement described in Exhibit
B for an irrigation ditch, and that the fulI width of said
easement shall be available to tleadorvs for construction of a
roadway for access purposes. Sievers further covenant that
if the owners of PermanenL Easement E-505 construct an
irrigation ditch thereon, Sievers sha1l convey to Pieadorvs an
easernent thirty feet in width ad jacent to a.nd irnrnediately
south of the said Permanent Easement E-505 for use by l"ieadows
for purposes of constructing and maintaining a roadway for
access to l.leadows ! proPertY.
6. The parties agree to execute such documents as may
be necessary to effectuate the agreed-upon exchange.
7. Those portions of this agreeraent which may require
performance after the execution and recordation of the deeds
described above, including specifically Sieversr covenant
concerning relocation of the access easement uPon COnStruC-
tion of an irrigation ditch by the owner of Permanent Ease-
-2-
ment E-505, and the covenants concerning conrpliance with
obtaining an exernption fron Garfierd county subdivision
regulations, shal1 survive the execution and recordation
said deeds.
or
of
8. This agreement sharr be binding upon and shalr
inure Eo the benefit of the heirs, successors and assigns of
the parties hereto.
rlq wrrNESs l'iHEREoF, the parties have executed this
agreenent this 3O auy of April, 19g1.
t'EADOt,iS:%Z fu/^Z---
I{.C. l.leadows
€
. Meadows
SIEVERS:
GOULD:
].evers
. Gould
Ruth E. Gou1d
EXHIBTT A
Property to be ConveYed to Sievers
A parcel of land situated in Lot 6 and the I'leander Land
of the Grand (Colorado) River being in the S!'ILNE%, all in
section g, Township 6 south, Range 92 West of the sixth
principal tleridian, Garfield County, Colorado, said parcel
of land is more fully described as follows:
Beginning at a point on the East }ine of said Lot 6, whence
the }lortheast Corner of said Section 9 bears: N. 35o58!13"
E. 2206.65 feet; thence s. 00o43'35" E. along said East
line, 490.81 feet to the centerline of the Coloradc River;
thence N. 88"30'00' W. 158.58 feet along said centerline of
river; thence N. l-1"43'30" I{.480.75 feet; thence }J.32"35r13"
E. 126.08 feet; thence s. 64"45'00" E. 272.38 feet to the
point of beginning, containing 2.68 acres, more or less.
EXHIBIT B
De.scription of Access Road Easement
A strip of land to be used as an access road situated
in Lot 7 and the NEkNEt of Section 9, Tonnship 6 South,
Range 92 I'lest of the Sixth Principal tvleridian, Garfield
County, Colorado, 1-ying Southerly of the Southerly right-
of-way line Interstate 70, Easterly of the ldest line of said
Lot 7, and l^Iesterly of the East line of said NE|NEL, said
easement shall be immediately adjacent to and southerly of
the following desiribed Iine, said line being the northerly
boundary of said easement, and shall be 20 feet in width
frorn the point of beginning of said line to point "A", and
30 feet in width from point rrA, to the end of said line on
the West line of said Lot 7.
Beginning at a point on the Easterly line of said NEklJEk;
whence the Northeast Corner of said Section 9 bears: N.
00o54r26" 91.,7243.07 feet; thence along the Northerly line
of said easement, S. 53"28'57" W. 51.08 feet along a wood
fence as nov, constructed and in place; thence S. 89"49t27.,
lI. , 29 .22 feet along said fence; thence N. 85" 29t 49 " W. ,
30.73 fe.et along said fence; thence S. Bl_"45'15', W., 161.1"1
feet to point "A"i thence fron point rtAtr N. 43o54 t03n I{.
112.31 feet; thence II. 73o57,08', W., L45.73 feet to a point
on the southerly right-of-u/ay rine of said rnterstate 70i
thence, along said right-of-way tine S. 7 2" 20 I 30 r' W. , 2LO -29
feet; thence 556.35 feet along the arc of a curve to the
left, having a radius of 27L4.789 feet, the chord of vrhj-ch
bears: S. 78o53'55" W., 654.75 feet to a point on the West
line of said Lot 7; whence the I.Iortheast Corner of said
Section 9 bears: N. 43" 40 r 57" E. , j.884.39 feet.