HomeMy WebLinkAbout4.0 BOCC Staff Report 07.07.2003REQUEST:
BOCC 07/07/03
FAJ
PROJECT INFORMATION AND STAFF COMMENTS
Applicant requests clarification on conditions
of approval for the Parrington Exemption
from the Definition of Subdivision
APPLICANT: John and Nila Parrington represented by John
Savage
PROPERTY LOCATION:
0145 County Road 225, west of Silt,
Colorado. A tract of land in Lots 5 and 6,
Section 6, Township 6 South, Range 92 West
of the 6`1 P.M.
I. BACKGROUND
As you are aware, the Board approved an Exemption from the Definition of Subdivision for John
and Nila Parrington on June 17, 2002. This approval required the Parringtons to satisfy all
conditions of approval and submit an Exemption Plat to the Building and Planning Department by
June 17, 2002 for review then forwarded to the Board of County Commissioners for signature. The
Parringtons have satisfied all explicit conditions of approval listed as 1 through 13 required by the
Board and have submitted a final plat which will be reviewed by the County Surveyor then
submitted to you for signature.
During the original public hearing to consider the Exemption request, an adjacent neighbor to the
west of the Parrington property, Mrs. Hanson, requested the Board require the Parringtons to
rectify a fence line dispute between the Hanson and Parrington properties as part of the Exemption
approval.
As a technical matter, a review of the signed and stamped survey prepared by Scott Aibner, the
Surveyor for the Parringtons, reveals the subject fence line in dispute does not reflect the property
lines and actually crosses back and forth across the property line several times. In addition, the
fence appears to have been located in its present location as a matter of convenience for keeping
livestock out of the gully between the two properties rather than being located as a boundary fence
that would then need to be placed impractically in the gut of the gully.
II. MAIN ISSUE TO BE CLARIFIED
The main question which needs to be addressed / clarified by the Board is whether or not resolving
the fence line dispute between the Parrington and Hanson properties was required as a condition of
approval for the Exemption request.
III. STAFF COMMENTS
Staff believes the fence line dispute, while not required as an explicit condition of approval listed
with the other "conditions of approval" in the Staff memorandum, is considered testimony
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admitted during a public hearing and therefore constitutes a condition of approval and should be
resolved as part of the Exemption approval for the following reasons:
1) During the public hearing, Mrs. Hanson raised the fence line dispute as an issue to be
resolved. John Savage, representing the Parringtons, indicated the Parrington's desire to
rectify the fence issue which would ultimately determine whether the fence was located on
the Parrington property or the Hanson property or if it truly reflected the location of the
property line separating the two properties. Specifically, he stated:
"...The Hansons and Parringtons will get together next week or two and resolve those
issues and cross -convey a new boundary line for the west boundary...as an amendment
to the west boundary line."
2) While this request by Mrs. Hanson to have the fence line issue resolved as a condition of
approval was not required as a specific condition of approval by the Board, Commissioner
McCown made the following motion:
"I'd make a motion which that we approve the exemption from subdivision and the
amended plat for the exception lot for John and Nila Parrington with conditions 1-13,
thirteen being the boiler plate that we use on our water restrictions on quantity and
quality...and that all testimony of the applicant and the attorney be conditions of
approval."
3) Staff included the following condition as condition number 11 listed in the Staff
memorandum and approved by the Board:
"That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions of
approval"
IV. CONCLUSION
Although fence -line disputes such as the one discussed here are generally considered civil matters
to be resolved between two private parties and not regulated by a governmental interest, the
applicant did assert, as testimony on the public record, to move towards a resolution with the
Hanson's on the west property line fence line dispute.
It is clear, the motion made by Commissioner McCown included all testimony provided by the
applicant to be considered conditions of approval. In addition, condition number 11 of the approval
requires that all representations of the applicant be considered conditions of approval. Therefore,
while the list of explicit conditions did not specifically include a condition to have the fence line
dispute settled between the Parrington's and Hanson's, it was represented that it would be cleared
up as part of this Exemption approval.
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V. ATTACHMENTS
The following attachments are provided to you for your review in consideration of the requested
clarification:
A. Draft Final Plat of the Parrington Exemption;
B. Follow up Letter to John Savage dated October 14, 2002 from Staff;
C. Letter from John Savage to Building & Planning Department dated 6/10/03; and
D. Transcript of the October 17, 2002 public hearing considering the Exemption.
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AUG -1-2002 10:17A FROM:BLDGPL RCO 9703843470
July 5, 2002
Mr. John Savage, P.C.
Attorney At Law
P.O. Box 1926
Rifle, CO 81650
C. Garfield County
BUILDING &PLANNING DEPART
BUILDING PLANNING DEPARTMENT
Re: Farrington Subdivision Exemption
Dear John:
As you are aware, on Monday, June 17, 2002, the Board of County Commissioners moved to
approve the Parrington Exemption with the following conditions:
1. The Applicant shall contact the Garfield County Road and Bridge Department to obtain two
driveway permits for access to the newly created lots. The Applicant shall present evidence of
the obtained permits to the Garfield County Building and Planning Department prior to the
submission of the Final Plat,
2. The Applicant shall inventory the property for any noxious weeds and provide a map and
management plan to the Garfield County Vegetation Director for approval for any weeds that
are found on the property prior to the submission of the Final Plat.
3. A Final Exemption Plat shall be submitted, indicating the legal description of the property,
dimension, and area of the proposed lots, 25 ft. wide access to a public right-of-way, and any
proposed easements for setbacks, drainage, irrigation, access or utilities;
4. That the applicant shall have 120 days (until 10/17/02) to present a plat to the Commissioners
for signature from the date of conditional approval of the exemption;
5. That the applicant shall submit the applicable School Site Acquisition Fees for the creation of
the exemption parcels prior to approval of the exemption plat;
6. That the 1978 Garfield County Zoning Resolution and the Colorado Department of Health
standards shall be complied with.
109 8th Street, Suite 303, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
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7. The access roadway to the parcels shall be maintained adequately to accommodate the weights
and turning radiuses of emergency apparatus to permit access during adverse weather
conditions.
8. Foundations and Individual Sewage Disposal Systems of all new dwellings shall be engineered
by a Professional Registered Engineer within the State of Colorado.
9. The Applicant shall submit a Final Plat that correctly delineates the existing Grand River Ditch
Easement across Lots 1A, 1B, and 1C as well as the correct book and page number regarding
its proper recordation. The Plat shall correctly indicate the lot sizes in acres. The Final Plat
shall show the expanded "exception lot" and include its size in acres as well as the correct
book and page number regarding its proper recordation. The Applicant shall clarify the proper
acreage of Lot 2 and delete the "Lot 3" designation currently represented on the "exception
lot."
10. That the following plat notes shall appear on the Final Plat:
‘I'rNo further divisions by exemption from the rules of Subdivision will be allowed.
b) All recommendations made by the Rifle Fire Protection District shall be followed. In
addition, compliance shall be required for the NFPA 299, Standard for Protection of Life
and Property from Wildfire recommendations.
c) No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One
(1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling
units will be allowed an unrestricted member of natural gas burning stoves and
appliances.
d) All exterior lighting will be the minimum amount necessary and all exterior lighting will
be directed inward, towards the interior of the subdivision, except that provisions may be
made to allow for safety lighting that goes beyond the property boundaries.
e) Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado.
f) Any new buildings shall avoid areas of natural drainage Natural drainages shall be
preserved to the maximum extent possible.
g) Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners,
residents and visitors must be prepared to accept the activities, sights, sounds and smells
of Garfield County's agricultural operations as a normal and necessary aspect of living in
a County with a strong rural character and a healthy ranching sector. All must be
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prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on
public roads, livestock on public roads, storage and disposal of manure, and the
application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides,
and pesticides, any one or more of which may naturally occur as a part of a legal and non -
negligent agricultural operations.
h) All owners of land, whether ranch or residence, have obligations under State law and
County regulations with regard to the maintenance of fences and irrigation ditches,
controlling weeds, keeping livestock and pets under control, using property in accordance
with zoning, and other aspects of using and maintaining property. Residents and
landowners are encouraged to learn about these rights and responsibilities and act as
good neighbors and citizens of the County. A good introductory source for such
information is "A Guide to Rural Living & Small Scale Agriculture" put out by the
Colorado State University Extension Office in Garfield County.
11. That all representations of the applicant, either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval;
12. Prior to the signing of a plat, all physical water supplies shall demonstrate the following points.
These points shall not apply to the existing well on proposed Lot 1C (which is the parent lot):
a. That a four (4) hour pump test be performed on the well to be used;
b. A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
c. The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge;
d. A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed lots;
e. An assumption of an average of no less than 3 5 people per dwelling unit, using 100
gallons of water per person, per day;
f. If the well is to be shared, a legal, well sharing declaration which discusses all
easements and costs associated with the operation and maintenance of the system and
who will be responsible for paying these costs and how assessments will be made for
these costs;
g. The water quality be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates.
h. For water supplies based on the use of cistern, the tank shall be a minimum of 1000
gallons.
13. That the existing plat notes on the 1995 Parrington Final Subdivision Exemption Plat shall be
included on this Final Exemption Plat. However, these specific plat notes shall not apply to the
expanded portion of the Exception Lot (Book 579 and Page 842). These plat notes are: 1) All
new construction shall be consistent with Colorado State Forest Service wildfire protection
guidelines specified in pamphlet "Wildfire Protection in Wildland Urban Interface" (CSFS
#143-691), and 2) control" of noxious weeds is the responsibility of the property owner.
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Please advise your clients as to process required for submitting the Final Plat with the required
adjustments in order to receive a signed Resolution memorializing the Board of County
Commissioner action. Do not hesitate to contact me in the event you have any questions.
Sincerely,
1
Fred Jarman, Senior Planner
BOUNDARY EXHIBIT
A TRACT OF LAND SITUATED IN LOTS 5 AND 6, SECTION 6,
TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO
LINE TABLE
LINE
BEARING
DISTANCE
LI
S65°13'00'E
230.80
L2
850°25'00"E
196.10
L3
S66 °36'00'E
94.10
L4
S88 °51 '00'E
108.60
L5
N78°23'00"E
176.00
L6
N88°47'00'E
131.60
L7
S86°27'00"E
125.10
L8
S03 °55'00 "W
460.20
L9
S41 °46'00"W
454.00
L10
S01 °25'00'E
219.20
L11
N74°29'00"W
234.60
L12
S13°29'00"W
328.60
L13
S24°54'00"W
251.00
L14
S52 °16'00"W
313.20
o
N 00°00'00'' E
190.1'
3 L4
LS
L6 L7
45.7' —�
Acres Between Property Line
and Fence Line .417± s
Hansen Parcel
87.3'
Centerline of
Holden Gulch
105.9'
L ZI
190.2
ti
ti
48.5'
Parrington Parcel
Acres Between Property Line
and Fence Line 2.429±
Cedar Post and
Barbed Wire Fence
Acres Between Property Line
and Fence Line 0.391±
Scale: 1" = 300'
Revised Fence Line 12/31/02
FILE: 02059-01
DR. TL
CK. ML
DATE 5/31/02
REV. 12/31/02
BOOKCLIFF
SURVEY SERVICES, INC
BOOKCLFF SURVEY SERVICES. INC.
136 E. Third Street
Rifle, Colorado 81650
PH.(970) 625-1330 FX.(970) 625-2773
BOUNDARY EXHIBIT
UNDA HANSEN
3290 COUNTY ROAD 210
RIFLE, CO 81650
REV.
PROJECT NO
02059
SHEET 1
OF
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September 16, 2003
To:
Fred Jarman, Garfield County Building & Planning Dept.
From:
Rusty Jones -Deputy Garfield County Surveyor
RECEIVED SEP 2 2 7003
GARRELL, COUNTY
PLANNING DEPARTMENT
108 8T1 -i 3YREET #201
GLENWOOD SPRINGS, CO 81601
Subject: Parrington Subdivision Exemption II -Review
Dear Fred:
Upon review of the Parrington Subdivision Exemption II Plat I have prepared a list of comments and/or
corrections that need to be made to the plat prior to approval for survey content and form.
1) The Title block needs to have a designation as to what section(s) of land the property is situated in.
2) The lot labeled as 1C does not mathematically close and therefore causes the boundary not to close.
This also causes the area shown, to be incorrect.
Sincerely,
Rusty Jones, P.L.S.
Deputy Garfield County Surveyor
cc: Scott Aibner-Bookcliff Survey Services Inc.
RUSSELL G. JONES
COLORADO PROFESSIONAL LAND SURVEYOR
634 EUCLID AVENUE
CARBONDALE, COLORADO 81623
(970) 704-1918
(970) 948-1443 CELL
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DITCH EASEMENT DECLARATION
This Easement Declaration is made by John K Farrington and Nila I. Farrington ("DECLARANTS"),
whose address is 0145 County Road 225, Rifle, CO 81650.
1. RECITALS
A. WHEREAS, DECLARANTS own the following described real property located in Garfield County,
Colorado, more particularly described as:
T. 6 S., R. 92 W.. 6th P.M.; Sec. 6: Lot 1, as depicted on Final Plat Farrington Subdivision
Exemption, recorded Dec. 7, 1995 at Reception No. 486143; aka Parcel No. 2179-063-00-067;
aka 0145 County Road 225, Rifle, Colorado 81650.
B. WHEREAS, said property is encumbered by several prescriptive ditch right of ways for delivery of
water from the Cactus Valley Ditch to Declarants' property and properties downstream of Declarants' property; and
C. WHEREAS, DECLARANTS desire to establish record easements for these prescriptive right of ways
and to grant and dedicate joint and common rights to the use of non-exclusive easements for said ditch right of ways
THEREFORE, DECLARANTS hereby declare the following non-exclusive rights to use of the following
described easements, to be appurtenant to the lands described.
1. Declarant hereby creates and grants a non-exclusive ditch easement for transport of the water rights of
these grantees, their successors and assigns, in favor of:
Declarant; and
Dennis L. Chambers; Post Office Box 411; New Castle, CO 81647
T. 6 S., R. 92 W., 6th P.M.: Sec. 7: A tract of land in Lot 3
containing 5.371 acres, more or less, aka Parcel No. 2179-
072-00-638
Zane R. and Sally Carter; 30239 Highway 6; Rifle, CO 81650
T. 6 S., R. 92 W., 6th P.M.; Sec. 7: A tract of land in Lot 3
containing 11.416 acres, more or less, aka Parcel No.
2179-072-00-637
William Paul and LaVonne M. Snyder; 0217 County Road 225;
Rifle, CO 81650
T. 6 S.. R. 92 W., 6th P.M.; Sec. 6: Lot 2, Final Plat
Farrington Subdivision Exemption, Reception #486143,
aka Parcel No. 2179-063-00-558
said easement described as follows:
A STRIP OF LAND 20 FEET [N WIDTH FOR THE PURPOSE OF IRRIGATION DITCH PLACEMENT AND MAINTENANCE
SITUATE IN GOVERNMENT LOTS 5 AND 6, SECTION 6, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, AS SHOWN ON THE FARRINGTON SUBDIVISION EXEMPTION II, COUNTY OF GARFIELD,
STATE OF COLORADO, SAID IRRIGATION EASEMENT LYING 10 FEET TO EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE: COMMENCING AT SAID SOUTH 1/4 CORNER OF SECTION 6, A CONCRETE NAIL IN PLACE
(WHENCE A BRASS CAP WITNESS CORNER LS NO. 14060 BEARS N 00°47'52" W 16.37 FEET); THENCE S 89°0t'42" W
ALONG THE SOUTHERLY LINE OF SAID SECTION 6 1089.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID SOUTHERLY LINE ALONG SAID CENTERLINE THE FOLLOWING 10 COURSES; 1.) N 00°48'11" 5 603.45
FEET; 2.) N 31°53'46" E 50.76 FEET; 3.) N 55°19'54" E 63.32 FEET; 4.) N 84°03'31" E 54.93 FEET; 5.) N 58°35'42" E 110.29
FEET; 6.) N 08°3929" E 301.43 FEET; 7.) N 36°29'04" E 409.87 FEET; 8.) N 05°53'03" E 383.46 FEET; 9.) N 86°00'08" E 171.22
FEET; 10.) N 20°02'02" E 32.07 FEET TO A POINT ON THE NORTHERLY LINE OF LOT IA OF SAID FARRINGTON
SUBDIVISION EXEMPTION I1, SAID POINT ALSO BEING A POINT ON THE CACTUS VALLEY DITCH, THE TERMINUS
WHENCE SAID SOUTH'/. CORNER BEARS Sl0°55'08"E 1811.00 FEET. SIDE LINES TO BE LENGTHENED OR
SHORTENED AS NEEDED TO CLOSE WITH PROPERTY LINES.
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WHEN RECORDED, RETURN TO: John W. Savage, P.C., P.O. Box 1926, Rifle, CO 81650-1926
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2. Declarant hereby creates and grants a non-exclusive ditch easement for transport of the water rights of
these grantees, their successors and assigns, in favor of
Declarant; and
William Paul and LaVonne M. Snyder; 0217 County Road 225; Rifle, CO 81650
T. 6 S.., R. 92 W.. 6th P.M.; Sec. 6: Lot 2, Final Plat
Partington Subdivision Exemption, Reception #486143,
aka Parcel No. 2179-063-00-558
more particularly described as follows:
A STRIP OF LAND 15 FEET IN WIDTH FOR THE PURPOSE OF IRRIGATION DITCH PLACEMENT AND MAINTENANCE
SITUATE IN GOVERNMENT LOTS 5 AND 6, SECTION 6, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, AS SHOWN ON THE PARRINGTON SUBDIVISION EXEMPTION II, COUNTY OF GARFIELD,
STATE OF COLORADO, SAID IRRIGATION EASEMENT LYING 7.50 FEET TO EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 6, A CONCRETE NAIL IN PLACE
(WHENCE A BRASS CAP WITNESS CORNER LS NO. 14060 BEARS N 0004752" W 1637 FEET); THENCE N25°07'56" W
1431.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE S32°28'54"E 380.14 FEET; THENCE Soo°45'30"E 280.71
FEET; THENCE S89'59"04'E 142.40 FEET TO THE TERMINUS WHENCE SAID SOUTH ''A CORNER BEARS S20°21' 11 "E
740.49 FEET. SIDE LINES TO BE LENGTHENED OR SHORTENED AS NEEDED TO CLOSE WITH PROPERTY LINES.
3. Declarant hereby creates and grants a non-exclusive ditch easement for transport of the water rights of
these grantees, their successors and assigns, to the extent these parties, if any, have an existing right in the existing
ditch easement, in favor of:
Declarant; and
Franklin D. and Eugenia M. Miller, 0313 County Road 225; Rifle,
CO 81650
T. 6 S., R. 9 W„ 6th P.M.; Sec. 6: A tract of land in Lot 6
containing 1.0 acres, more or less, aka Parcel No. 2179-
063-00-069
William Paul and LaVonne M. Snyder, 0217 County Road 225;
Rifle, CO 81650
T. 6 S.. R. 92 W.. 6th P.M.; Sec. 6: Lot 2, Final Plat
Parrington Subdivision Exemption, Reception #486143,
aka Parcel No. 2179-063-00-558
Robert Keith Murr; 601 21" Street, Apt. 20A; Glenwood Springs,
CO 81601
T, 6 S., R. 92 W.. 6th P.M.; Sec. 6: SW'YSE'% containing
40.0 acres, more or less, aka Parcel No. 2179-064-00-071
Michael T. and Valerie A. Spychala; 0141 County Road 225; Rifle,
CO 81650
T. 6 S.. R. 92 W., 6th P.M„ Sec. 7: A tract of land in Lots
2 and 3 containing 4.22 acres, more or less, aka Parcel No.
2179-072-00-494
Carl W. Tuttle, Jr.; 0135 County Road 225; Rifle, CO 81650
T. 6 S., R. 92 W.. 6th P.M.: Sec. 7: A tract of land in Lots
2 and 3 containing 3.28 acres, more or less, aka Parcel No.
2179-072-00-495
John L. and Marilyn E. Cozza; 30475 Highway 6 & 24; Rifle, CO
81650
T, 6 S.. R, 92 W.. 6th P.M.; Sec. 7: A tract of land in Lot 2
containing 5.01 acres, more or less, aka Parcel No. 2179-
071-00-408
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Robert D. Coloroso, et al.; c/o P.O. Box 1902; Rifle, CO 81650
T. 6 S.. R. 92 W,. 6th P.M.; Sec. 7: A tract of land in Lot 4
(containing 23.20 acres, more or less), part of Lots 2 and 3
(containing 18.15 acres, more or less), all lying south of
the southern right of way line of D&RGW Railroad; also
tract of meander land containing 26.45 acres, more or less,
aka Parcel No. 2179-072-00-082
Verna L. Mullet; 14459 County Road 18'/2; Fort Lupton, CO 80621
T. 6 S.. R. 92 W.. 6th P.M.; Sec. 7: A tract of land in Lots
1 and 2 containing 25.52 acres, more or less, aka Parcel
No. 2179-071-00-291
more particularly described as follows:
A STRIP OF LAND 15 FEET IN WIDTH FOR THE PURPOSE OF IRRIGATION DITCH PLACEMENT AND MAINTENANCE
SITUATE IN GOVERNMENT LOTS 5 AND 6, SECTION 6, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, AS SHOWN ON THE PARRINGTON SUBDIVISION EXEMPTION 11, COUNTY OF GARFIELD,
STATE OF COLORADO, SAID IRRIGATION EASEMENT LYING 7.50 FEET TO EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 6, A CONCRETE NAIL IN PLACE (WHENCE A BRASS
CAP WITNESS CORNER LS NO. 14060 BEARS N 00°47'52" W 16.37 FEET); THENCE N 07°02'17" W 1474.17 FEET TO THE
TRUE POINT OF BEGINNING; THENCE ALONG SAID EASEMENT CENTERLINE THE FOLLOWING 5 COURSES; 1.) N
03°35'44" W 235.98 FEET; 2.) N 27°28'35" W 24.46 FEET; 3.) N 52°57'33" W 31.02 FEET; 4.) N 81°5734" W 53.82 FEET; 5.) N
08°01'51" W 29.04 FEET TO A POINT ON THE NORTHERLY LINE OF LOT IA OF SAID PARRINGTON SUBDIVISION
EXEMPTION, SAID POINT ALSO BEING A POINT ON THE CACTUS VALLEY DITCH, THE TERMINUS WHENCE SAID
SOUTH'/. CORNER BEARS S09°14'25"E 1798.67 FEET. SIDE LINES TO BE LENGTHENED OR SHORTENED AS NEEDED
TO CLOSE WITH PROPERTY LINES.
4. This Declaration is made, without warranty of any kind, either as to title, authority, or as to the ditch's
condition, or future usability. To the extent this document is considered to be a conveyance, it shall be considered a
quit claim deed.
5. The easement shall be non-exclusive and appurtenant only to the above-described properties (described
by Garfield County Tax Assessor Parcel No.). No right to this easement can be granted, conveyed or transferred,
separate from an interest in the real property to which the subject water and ditch rights are appurtenant.
6. This Declaration is not intended to be an admission on Declarant's part as to the water rights owned, if
any of any of the parties to, or their rights, if any to the rights of way described herein.
I'll�l (7)
c
K. Parrington
Nila 1. Farrington
Date: 11-7/ '-s2•7 3
Date:
STATE OF COLORADO, COUNTY OF GARFIELD ) ss.
The foregoing instrument was acknowledged before this
John K. Farrington and Nila I. Farrington.
Witness by hand and official seal.
My commission expires: I/4?
SEAL
/%' day of
,2M,by
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