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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: www.garlield-county.com RECEIVED suN fl 1. 2O'5 GARI=LEO COY_ 970%1E itakIN 1145 Subdivision Application Form GENERAL INFORMATION (To be mpleted by the applicant.) ➢ Subdivision Name: !1 aita,11 P ➢ Type of Subdivision (check one of the following types): Sketch Plan Preliminary Pian X Final Plat Name of Property Owner (Applicant):Nkt4 Pr9pQ}Zt& 6 COt5tVi&+ , tai Address: Q 1O`i-Ci cR I2 elephone: 61'4 6-031q City: C 1.44-6,171 _• 69 State: rif)_ Zip Code; (lC I FAX: 5a 1/1,1--e__ Name of Owner's Representative, if any (Attorney, Planner, etc): ,'rY ' ijao,i ➢ Address: / "/ -`U Telephone: W59, i) ➢ City: © twred State: Zip Code: '/i 0 FAX: ➢ Name of Engineer: l ➢ Address: C,11,66 T P -S V 9 ➢ City:U1/j-d State: Zip Code: 4 FAX: % LS-",-_-_c-S2 ➢ Name of Surveyor: �S.tMf 6U" j)ail ➢ Address. Telephone: `lam g6 q ➢ City: 4-0-134 State: e° Zip Code: 1l 01 FAX: ➢ Name of Planner: ➢ Address: Telephone: ➢ City: State: Zip Code: FAX: '.vLr- em d . GENERAL INFORMATION continued... > Location of Property: Section — Township 7 S Range $ 'q > Practical Lobation / Address of Property: 0/4/' A? 12* Co 8`l&O ▪ Current Size of Property to be Subdivided (in acres): v?.0 1- > Number of Tracts / Lots Created within the Proposed Subdivision: > Property Current Land Use Designation: 1. Property's Current Zone District: AVP 2. Comprehensive Plan Map Designation: lO P-elv Proposed Utility Service: '� > Proposed Water Source: V T) (tVit5 (Veil "C5q le wi� 1064- -,Vi e > Proposed Method of Sewage Disposal: IS nS 14115 arlP P --a A4.- > Proposed Public Access VIA: (-R r z� > Easements: Utility: -c. Ikc 4ru it �`chgr Ditch: 0 n CE -Ludy I&124 I& 124 > Total Development Area (fill in the appropriate boxes below): 1 • Base Fee: Sketch Plan - $325.00; Prelim Plan - $675.00; Final Plat - $200 paid on • Plat Review Fee (see attached fee schedule) 2 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Preliminary Plan review process as the second and most intensive step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Preliminary Plan Review, an Applicant must have already completed the Sketch Plan review process addressed in Section 3:00 of the Subdivision Regulations. An applicant requesting Preliminary. Plan review will be required to submit this application form, all the required submittal information contained in Sections 4:40 to 4:94 of the Subdivision Regulations as well as address all of the applicable Design and Improvement Standards in Section 9:00 of the SiXdivision Regulations. In addition to the substantive submittal information related to the proposed subdivision project itself, an applicant is required to complete all the public notice requirements so that legal public hearings can be held before the Planning Commission and the BOCC which is addressed in Sections 4:20 — 4:31 of the Subdivision Regulations. 4. Process / Public Hearings The Preliminary Plan review process is considered a 2 -step process because the application is ultimately reviewed by two County decision-making entities during public hearings: the Planning Commission who makes a recommendation to the BOCC. In order to obtain dates for the public hearings before the Planning Commission and the BOCC, an applicant will have submitted all required application submittal requirements mentioned above to the Planning Department Staff. Once submitted, Staff will have 30 working days to review the application to determine if all the required submittal information has been submitted as required. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been 0 scheduled to be reviewed before the Planning Commission / BOCC. Additionally, St will provide the appiicant with the notice forms to be mailed, published, and •o If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the 5 I. THE SUBDIVISION PROCESS In order to subdivide land in Garfield County, an Applicant is required to complete the following land use processes in the following order: 1) Sketch Plan Review Process, 2) Preliminary Plan Review Process, and 3) Final Plat Review Process. This section will briefly describe the nature of each process and provide general direction including subdivision regulation citations to a potential applicant requesting subdivision approval in Garfield County. All of the Garfield County Zoning and Subdivision Regulations are located for purchase at the Planning Department and can also be found on the World Wide Web at the following address: htto://www.garfield-countv.com/buildino and Dlanninq/index.htm The Sketch Plan Review (ection 3:00 of the Subdivision Regulations) 1. Purpose The purpose of the Sketch`. Plan process is to allow an individual an opportunity to propose a subdivision in a "sketch" format to the Planning Department and the Garfield County Planning Commission in order to obtain a cursory review for compliance with the County's land use review documents, regulations, and policies to identify any issues that would need to be addressed if the proposed subdivision were to be pursued. 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Sketch Plari review process as the first step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision (Section 2:20.48) as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Sketch Plan Review an Applicant is responsible for reviewing Section 3:00 of the Subdivision Regulations and providing enough information to the Planning Department in the application to. conduct a thorough review and provide the resulting comments to the Planning Commission for their review and comments. Specifically, Section 3:30, 3:32, and 3:40 'of the Subdivision Regulations contain the. specific information required to be submitted to the Planning Department in order to satisfy the application requirements in addition to the information requested on this application form. 4. Process / Public Meeting 1 The Sketch Plan review process is considered a 1 -step process because the application is reviewed only by the Planning Commission at a public meeting. In order to .appear before the Planning Commission, an\applicant will have submitted all required application submittal requirements mentioned above to the Planning Department Staff. Once submitted, Staff will have `15 working days to review the application to determine if all the required submittal information has been submitted as required. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been 3 scheduled to be reviewed before the Planning Commission and will request the applicant supply additional copies to provide the Commission for their review. If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the/"application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. At this point, the applicant has 6 months (180 days) to provide the necessary information to the Planning Department to remedy the applicator( so that it may be deemed technically complete. If the application has not been deemed technically complete within this time, the application will be terminated. Once the application has been deemed technically complete and a date has been established as to when the Planning: Commission will review the application, Staff will conduct a land use review of the application using the County's land use regulatory documents including the Zoning Resolution, Subdivision Regulations, and the Comprehensive Plan of 2000. 1n' addition, Staff will also consider referral comments provided from a variety of state/and local agencies who may also review the application. As a result, Staff will write a Memorandum on the proposed subdivision to the Planning Commission containing the ,resuits`.,on the land use analysis. This Memorandum will also be furnished in advance to the applicant. t At the date and time set4or the public `meeting before the Planning Commission, Staff will present the finding in the Memorandum and the applicant will be required to present the proposed subdivision and respond to comments and questions provided by the Planning Commi sion. The comment s`\provided to the Applicant by the Planning Department and the lanning Commission as a result of the Sketch Plan Process will be kept on file in th Planning Department for 1 -year from the meeting date before the Planning Commission. If an Applicant does not submit a Preliminary Plan application to the Planning Department within the 1 -year timeframe, the Sketch Plan file will be closed and the Applicant will need to reapply for a Sketch Plan review prior to a Preliminary Plan review. Preliminary Plan Review (Section 4:00 of the Subdivision Regulations) 1. Purpose The purpose of the Preliminary Plan review process is to conduct a thorough review of the many aspects that are associated with dividing land in Garfield County for the purposes of residential, commercial, and industrial development. This is the most intensive review step where the Building and Planning Staff, the Planning Commission, and the Board of County Commissioners (BOCC) will conduct a thorough review of all the issues associated with the proposed subdivision against the County's regulatory requirements. Ultimately, the purpose of this process is to identify all the major issues in the proposed subdivision by using the County's Zoning Resolution,Subdivision Regulations, Comprehensive Plan of 2000, as well as other state and local referral agencies that will provide comments on any issues raised in their review. This is the process that will either approve or deny the application request. 4 applicant knows what additional information needs to be submitted. At this point, the applicant has 6 months (180 days) to provide the necessary information to the Planning Department to remedy the application so that it may be deemed technically complete. If the application has not been deemed technically complete within this time, the application will be terminated. Once the application has been deemed technically complete and a date has been established as to when the Planning Commission / BOCC will review the application, Staff will conduct a land use review of the application using the County's land use regulatory documents including the Zoning Resolution, Subdivision Regulations, and the Comprehensive Plan of 2000. in addition, Staff will also consider referral comments provided from a variety of state and local agencies who may also review the application. As a result, Staff will write a Memorandum on the proposed subdivision to the Planning Commission / BOCC containing the results on the land use analysis. This Memorandum will also be furnished in a vie to the applicant prior to the public hearings. As mentioned above, Staff makes a recommendation to the Planning Commission and the BOCC regarding the issues raised in the analysis of the proposed subdivision. The Applicant will first propose the subdivision to the Planning Commission who is responsible for making a recommendation of approval, approval with conditions, or denial to the BOCC. Next, the application will be reviewed by the BOCC during a regular public hearing. The BOCC will consider the recommendations from the Planning Staff and the Planning Commission, the information presented by the applicant, and the public. As a result, the BOCC is the final decision-making entity regarding the proposed subdivision and will either approve, approve with conditions, or deny the application. If the BOCC approves the subdivision application at the public hearing, the approval shall be valid for a period not to exceed one (1) year from the date of Board approval, or conditional approval, unless an extension of not more than one (1) year is granted by the Board prior to the expiration of the period of approval. (See the specific information provided in Section 4:34 of the Subdivision Regulations.) Following the hearing, Staff will provide a resolution signed by the BOCC which memorializes the action taken by the Board with any / all conditions which will be recorded in the Clerk and Recorder's Office. Once an applicant has Preliminary Plan approval, they are required to complete the third and final step in the County's Subdivision Process: Final Plat Review. C) FinallP Review (Section 5:00 of the Subdivision Regulations) 1. Purpose The purpose of the Final Plat review process is to provide the applicant with a mechanism to prove to the County that all the conditions of approval required during the Preliminary Pian review process have been met / addressed to the satisfaction of the Planning Staff and the BOCC. This being the case, the chairman of the BOCC will 6 sign the Final Plat and have it recorded memorializing the subdivision approval granted by the BOCC. This is the last step in the County's subdivision process. 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Final Plat review process as the third and last step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more Tots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Final Plat review, an Applicant must have already completed the Preliminary Plan review process addressed in Section 4:00 of the Subdivision Reg ulations. An applicant requesting Final Plat review will be required to submit this application form, all the required submittal information contained in Section 5:00 of the Subdivision Regulations and responses to all the conditions of approval required as part of the Preliminary Plan review process. 4. Process The Final Plat review process is considered a 1 -step process because the application is ultimately reviewed by the Building and Planning Staff and presented to the BOCC for their signature if the application satisfies all the required submittal information to the satisfaction of the Building and Planning Department. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been scheduled to be presented to the BOCC for signature. (This is not a public hearing or meeting and therefore. does not require public notice.) If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. Once the application has been deemed technically complete and a date has been established as to when the BOCC will review the Final Plat, Staff will review the application / Final Plat in terms of adequacy to determine if all the submittal information satisfies the Final plat requirements as well as the responses to the conditions of approval. During this review, Staff will forward the Final Plat the County Surveyor for review and a signature. In the event there are additional questions or clarification issues to be addressed, the County Surveyor will generally contact the applicant to have the plat adjusted as necessary. Once, Staff has completed the review and all required information has been submitted to the satisfaction of the Planning Department 7 and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at the next BOCC meeting to be placed on the consent agenda with a request to authorize the Chairman of the BOCC to sign the plat. Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and Recorder's Office for a fee of $11 for the first sheet and $10 for each additional sheet thereafter. This fee shall be paid by the applicant. This act of recording the signed Final Plat represents the completion of the Garfield County Subdivision Process. Please refer to the specific language in the Final Plat portion (Section 5:00) of the Subdivision Regulations for specific timelines and additional responsibilities required of the applicant to complete the Final Plat process. Please Note: This information presented above is to be used as a general guide for an applicant considering a subdivision in Garfield County. It is highly recommended that an applicant either purchase the Garfield County Zoning Resolution and Subdivision Regulations or access them on-line at: http:I/www.qarfield-countv.comlbuildinq and planninglindex.htm in order to ascertain all the necessary requirements for each of the three steps including Sketch Plan Review, Preliminary Plan Review, and Final Plat Review. I have read the statements above and have provided the required attached information wh'ch is correct d accurate to the best of my know edge. (Signature of applica Last Revised: 11/21/2002 downer) i 8 ate GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. 'GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE Vacating Public Roads & Rights -of -Way Sketch Plan reliminary Plan BASE FEE $400 Final Plat Amended Plat Exemption from the Definition of Subdivision (SB -35) Land Use Permits (Special Use/Conditional Use Permits) ■ Administrative/no public hearing ▪ Board Public Hearing only • Planning Commission and Board review & hearing Zoning Amendments ■ Zone District map amendment • Zone District text amendment • Zone District map & text amendment ▪ PUD Zone District & Text Amendment • PUD Zone District Text Amendment Board of Adjustment • Variance • Interpretation Planning Staff Hourly Rate • Planning Director • Senior Planner ■ Planning Technician • Secretary County Surveyor Review Fee (includes review of Amended Plats, Final Plats, Exemption Plats) Mylar Recording Fee Page 2 pplication agency review fees outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $200 $100 $300 $250 $400 $525 $450 $300 $500 $500 $500 $250 $250 $50.50 $40.50 $33.75 $30 Determined by Surveyor$ $11 — lst page $10 each additional page The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4, Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page3 0 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) -++ c obe�rr� GARFIELD COUNTY (hereinafter COUNTY) and 1`11114 kJ ?OpRrL&5 /0 JI6.1 *41 (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for fr/41-14/J rU cl V ti S i D1f (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. /4 40 a) par/5 Print Name M ing Address: Gc-10/0 ktO Cin n Q i 6.)43o2(6(06, �3 rhnl Page 4 1 ki /ANe j�h5L (o gi�z3 { z DeJJ;5 �5 ,ico ,,J ( 517 C4) rah 6leoop 5p1ei&65 CO 8/60i x987 gk),00.)000/4#RD'S SCR/A/o° SaRi4r65 (a i34,01 r 4 SGS & JSrepheaosmi 7?a igoc 417/ aiekocao tis ( gg o: 6Lit4 56t z9y 6 ; a G(ekiceoaio 5peojc..5 Co 516o( �•ZilleD N) f R e' it4 z g785 CR !17 achkootoSpe 1 xs Co B/6o/ Common name Leafy spurge Russian knapweed Yel o Plumeless thistle oundstongue Common burdock Scotch thistle Canada thistle Spotted knapweed Diffuse knapweed Dalmation toadflax Yellow toadflax Hoary cress Saltcedar Saltcedar Oxeye Daisy Jointed Goatgrass Chicory Musk thistle Purple Ioosestrife Russian olive GARFIELD COUNTY NOXIOUS WEED LIST Absinth wormwood Scientific name Euphorbia esula Acroptilon repens Ceniaurea solstitalis Carduus acanthoides Cynoglossum ofcinale Arctium minus Onopordum acanthium Cirsium arvense Centaurea maculosa Centaurea diffusa Linaria dalrnatica Linaria vulgaris Cardaria draba Tamarix parvora Tamarix ramosissima Chrysanthemum leucantheurn Aegilops cylindrica Cichorium intybus Carduus nutans Lythrum salicaria Elaeagnus angustifolia Artemesia absinthium *note this is a Colorado Listed noxious weed. 3 NED MECHLING 0690 Heather Lane Glenwood Springs, CO 81601 Ph/Fax (970) 928 -TURF Home (970) 945-4063 Pager (970) 947-8707 Professional Lawn Care & Landscape Maintenance Mowing & Trimming Spring/Fall Clean-up Aerating, Fertilizing Sprinkler Repair Shrub/Hedge Trimming Weed Control BILL TO Roberta Mahan 0648 County Rd. 126 Glenwood Springs, CO 81601 PHONE # SUBDIVISION L. _ 945-0319 Glenwood Springs Invoice BATF INVOICE # 6/30/2002 98-2274 1 TERMS. Due on receipt REMIT TO - PERFECT TURF LAWN CARE Service Charge of 10% added to all accounts 30 days past due. DATE 1 DESCRIPTION RATE i AMOUNT — 6/12/02 ...— .... _ Mowing & Trimming 75.00 75.00 Total Due $75.00 Thank you for using Perfect Turf for your lawn maintenance. Invoices are due upon receipt. Services will automatically stop at any account 30 days past due. Please call us with any questions regarding your property. Ned's pager # is 947-8707. Thank you. OUR NEW ADDRESS IS: 690 Heather Lane, Glenwood Springs, CO 81601 A return envelope has been provided. (c2 Recorded at._..j._O - o'clock hi. AUG 12 1975 Reception Ito. `,d.9.t sS2JT..... R11a Stephens, Recorder ROAD EASEMENT AGREEMENT THIS ROA© EASEMENT AGREEMENT made and entered into this day of -a 1975, between EUGENE M. SPEAR and GLAPHY It. SPEAR, thereinafter referred to as "Spears„" and WILLIAM_ H. NBLso'., of Grand Junction, Colorado, hereinafter referred -to as "Nelson." WITNESSETH: WHEREAS, Spears are the owners of the following described property, situate in the County of Garfield, State of Colorado: Lots 4 and 6, Section 9, Township 7 South, Range 89 West of the 6th P.M.; Also that part of the NW1/4 SE', Section 9, Township 7 South, Range 89 West of the 6th P.M., lying South and Southeast of a line extended from a point 100 feet South of the Northeast corner of said NW4 SE', South- westerly to a point 100 feet North of. the Southwest corner of said NWISEll, Section, Township and Range aforesaid; Also, Lots 2, 3, 5, and 7 in Section 9; Lots 1, 2, 3, 4, 5, 6, 8 and 9 in Section 10; Lots 1, 2, 3, 5 and 7 in Section 15; and Lots 1 and 2 and the S1/2 NE1 and I3tl1/4 SE; in Section 16, all in Township 7 South, Range B9 West of the 6th P.N., together with the Hardwick Ditch, other- wise known as the R. L. Hardwick Ditch and the First Enlargement thereof, and their water rights taking water from Hardwick Gulch or Overland Gulch, The Doose Ditch and First Enlargement thereof, and their water rights, taking water' from Four Mile Creek, the Cooley Ditch and its water rights, taking water from Four Mile Creek, and any and all other ditch andwater rights be- longing to, used upon or in connection with the lands above described; which they acquired pursuant to Warranty Deed recorded Nev-ember 10, 1965 in Book 371 at Page 72 of the Garfield County, Colorado records; and WHEREAS, Belson is the owner of the tollow.i ng described property, situate in the County of Garfield, State of Colorado: Section 9, Township 7 South, R=ange 89 West, 6th P.M.: Lot 1 and that part of the fl2j SE' together with all mineral rights and nil im- provements now situated on the p.roperty;. Together with all water, water rights, ditch and ditch rights, spring and pipeline rights, appurtenant to the above described property; iiuu1;477 PACE 373 EXCEPTING therefrom a tract of land conveyed to Herman Doose by Quit Claim Deed dated January 23, 1946 and recorded in office of Clerk and Re- corder of Garfield County, Colorado as Document No. 156638 in Book 217 at Paga 235 thereof, de- scribed as follows, to wit- Lots 4 and 6, Sec- tion 9, Township 7 South, Range E19 West, 6th P.M., and that part of the NW 58a,. Section 9, Township 7 South, Range 89 West, 6th P.M., lying South and Southeast of a line extended from a point 100 feet South of the Northeast corner of said NW:SEy, Southwesterly to a point 100 feet North of the Southwest corner of said NWISE1/4, said Section 9, containing .27.38 acres, more or less; which he acquired pursuant to Warranty Deed recorded May 21, 1974 in Hook 459 at Page 348 of the Garfield County, Colorado records; and WHEREAS, there has existed for many years a road across the portions of the Spears property and portions of the Nelson property, and the parties desire to memorialise their understand- ing that each has a right to traverse the lands of the other and to use such road as herein provided;' NOW, THEREFORE, in consideration of the premises and of the covenants herein contained, it is agreed_ 1_ 'Phe parties jointly declare that the existing road- way, sixty (60) feet in width, thirty (30) feet on each side c,f the centerline of the existing road, shall be deemed to be a road for access to the above described property and the here- after described property, such road commencing at. the Garfield County Road No. 117 near the West boundary of Lot 1, Section 10, Township 7 South, Range 89 West of the 6th P.M., then commencing as set forth on Exhibit "A" attached hereto and by this reference made a part hereof, through Lot 1, Section 10, across Lot 1, Sec- tion 9, across Lot 2, Section 9, and i.r,Lo the SW' -.i NE'l, Section 9, all in Township 7 South, Range 89 West of the. 6th P.M. 2. Spears shall. have the right to traverse those por- tions of such road from the commencement thereof at Garfield County Road No. 117 for the entire length of such road, progress- ing Westerly until such road leaves Lot -1, Section 9, aforesaid, C+uuK477 PACE 374 and passes into Lot 2 of said Section 9. 3. Nelson shall have the right to use such road from the commencement thereof at Garfield County Road No. 117 and travers- ing across Lot 1, Section 10, aforesaid, and Lot 2, Section 9, aforesaid, together with other lands not owned by Spears. 4_ Nelson acknowledges that said above described road across the property owned by Spears aforesaid is the only right of access owned by Nelson across said Spears' property, and, con- versely, the above described road across land owned by Nelson is the only road across which Spears has right of access across Nelson's property. 5. Each party shall have the right to use such road for any and all purposes including, but not by way of limitation, vehicular and pedestrian access, utility line or lines. Further, such road shall be deemed to he access to adjoining property owned by others to the extent that such road traverses the lands owned by others or with respect to which uses of such road have heretofore been established in favor of other persons_ 6. This Road Easement Agreement shall inure to the bene- fit of and be binding upon the heirs, representatives, successors and assigns of the parties hereto_ IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written_ • UGENE I S / GLAPH A. SPEAR WILLIAM Fi. NELSON STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) r t� buuK477 FACE 375 The foregoing instrument. was acknowledged before me this day of �pr 1975, by Eugene M. Spear and Glaphy A. Spear My commission expires Witness my hand and official seal_ - ary Public STATE OF COLORADO ) ss. COUNTY OF MESA The foregoing instrument was acknowledged before me this day of July, 1975,.by William H. Nelson_ My commission expires is�1.�2t/ / Oji Witness my hand and official seal. N tary P14( ublic EXHIBIT"A11 1(T Fond flan rune. 1111 Agt'e,nme?nl llnt14+e1 arty , 1'•11`t. 1)0t -ween 1?uclene M. Spens nue! Glaplty A. 1114e -.;1r hulas W111 am II. Nol.non. uuur+4 7 /' u 376 / fl ea1'�1''1,3"Iv' �T----~-"•1114- 17 4- ,11 r, 01 13 r A , 3 a' S. U h 1'. Il 1, ly 2• 1) 11 111 It 1 •' u li U1{` U , o, n. U4 ' r r Y1 13/4..111 1 { , 1 a I41-1 1.1 'i' 1+ e. Z, l9 11 fr 17s ;r (14 19, •1 t, 111 1 .1' II Sr 1 3 1 L.. e3.' '. I ur1 111 ur I'.) 1 I (/) n (FYI 11(14 (1} I 4r'5. •1 r:, 1 .1•.+M1�•.. 1- -- .. 41•'3.1 til •}`�� 17. q' , 1141 l Iw ll \I e7 1!1 r W 11 J 1(,.'41 4' U, n 1► 1 .1 a' ',1. •T e.. (r) +. Ill 1, `.r1. -. I' i11 k tU ei' J1 • to. 10 t ell 1.1 1 J. It •„ UJ ,�•' I{ al r'1. 1�1 1. LT1 ' (' .' Irl �`.� + I f I+a 'f. U e'.• 41 1, ,1 1• ti � I {,S1 ,•'a:1. 1,1 .1...," r11'' 1.. v.' e I,' , f'1r./ I..; i `4.! 1' ,.4 • '.....•I !, /.1 1,'..' i ).c... 10 /. . ata r. U 1- 11 r,., t. 1.1 r 4.. 1Y 1.t 1 p, n1 V.V hr 11 111 "I, °` r., Itu• hl IV 1 Yti 1. I 1' 1 1, , el. 1.1I 1. t 11 11 1• 1 11 1 1 a. t'„ 1 (./'1 '1 i 1.a, 1.,. 1 ;.•.r1 yy • eI ! 1„ r „ 1.1 `1 , it - 11 r- 01/2n/2005 11:A 97 3871078 5ARFI£Lit L:N' Y C:l_LKI{ M',,c. GerflelO,Cou!T rtlm nt CIS eso s: Colorado Division of Wildlife WRIS Date Checklist for: 7A L,_ 395=-oqi-- 0 pi? FxM Nie'vrt,+rrykya®pIAN6-ocpnty,oamQ1c4 1 .Ak1soo rW3810 f1. 7c sle.I.!,4 mo i j For additions, information and interpretation of this data. contact Pam Sohnun ted! e .Sio+olpe!, Colorado Division of Wildlife, Grand Junction, et 970-297-1192. Species & Habitat Type: Bald Eagle Active Nest Site Bald Eagle Communal Roost Bald Eagle Roost Site Bald Eagle Winter Range Bald Eagle Winter Concentration Area Bald Eagle Winter Foraging Are* Black Bear Overall Range Black Bear Fall Concentration Area Flack Bur Summer Concentration Area Black Bear -Human Conflict Brazihen Free -Tailed Bat Overall Range Bighorn Overall Range Bighorn Winter Range Bighorn Winter Concentration Area Bighorn Summer Menge Bighorn Production Area Canada Goose Brood Concentration Area Canada Goose Feeding Area Canada Goose Production Area Canada Goose Winter Range Canada Goose Winter Concentration Area Elk Winter Range Elk Winter Concentration Area Elk Severe Winter Range Elk Overall Range Elk Summer Runge Elk Summar Concentretion Area Elk Production Area Elk Highway Crossing -- C+Z i i7 Elk Limited Use Area Great Blue Heron Nesting Area Greet Blue Heron Foraging Area Lynx Overall Range Lynx Potential Hebltet Mule Deer Winter Range Mule Deer Winter Concentration Area Mule Geer Severe Winter Range Mule seer Overall Range Mule Deer Summer Range Mute Deer Resident Population Mule Deer Highway Crossing Osprey Active Neel Site This property Iles: Entirely Partially Within Out in Area in Area 1 Mile of Area 77 - - .-... .--.-. �C ,.T - .J- Je,..-._ Twft 13? 7.: IIMIMIIMI Tow --- —.. _ter —7 iftoftft TWO. ft•Z mmamma 4.4 ._ . al . -,M..- .- 42 -. --- -..-- -ie' 1-20.0,r :_U1CGL1:J Osprey Foraging Area peregrine Falcon Nesting Area Peregrine Falcon Potential Nesting Ares Pronghorn Antelope Overall Range Pronghorn Antelope Winter Range Pronghorn Antelope Winter Concentration Area Razorback Sucker River Otter Overall R©nge Sage Grouse Brood Arta sage Grouse Overall Range Saga Grouse Production Area Sage Grouse Winter Arse Sage Grouse Historic Habitat Wed Turkey Overall Range Wild Turkey Production Area Wild Turkey Winter Range Wild Turkey Winter Condontretion Area Wild Turkey Roosting Sites