Loading...
HomeMy WebLinkAbout1.0 Application• BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned Robert F. Petts , Cathleen E. Holmes respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of q acre tract of land into 4 (Four) tracts of approximately _ 72.6,2.2,6.7,7.5 acres each, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: Personel family residence on the large tract & future development of the smaller tracts. SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information: A. Sketch map at a minimum scale of 1 "=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; B. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees ofmineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and f G. �� Iconnection to a community of municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted with the application. „ Petitioner 130 Riege Rd Mailing Address West Milford N.J. City 201-728-1845 S tate Telephone Number Recorded at / �7 eluc M Reception No. WARRANTY DEED THIS DEED, Made this 12th day of February 19 93 , between Marvin L. Fender and Roberta B. Fender of the *County of Eagle State of Colorado, grantor, and Robert I . Pe t t s and Cn t. I een Holmes, as joint tenants and . whose legal address is 130 Ridge Road, West Milford, New Jersey 07480 of the County of WITNESS, that the grantor, for and in consideration of the sunt of ONE IIUNDRED AND N0/100--($115,000.00)---- corder. ti Rao( 855:,x,.; QS9 FEB 18 1993 GARFI ELD State Doc. For $ // New Jersey and State ol)CRiltataR), grantees: FIFTEEN THOUSAND AND DOLLARS , the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, II)eir heirs and assigns li)I'ever, not in tenancy in common hut in joint tenancy. all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and Slate ()I' Colorado, described as follows: A parcel of land located in Garfield County Colorado described as follows: Section 4: Township 7 South, Range 87 West of the Sixth Principal Meridian Lot 3. Section 33: Township 6 South, Range 87 West of the Sixth SE1/4SW1/4, and that Part of the W1/2SW1/4SE in Garfield County; and all that Part of the which lies Westerly of the County Road Right also known by street and number as located in Garfield County . *''°* ( Principal Meridian, 1/4 which is located W1/2SW1/4NW1/4SE1/4 • of Way and which is see water rights below) TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, Title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the enscaling and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in lee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and limn aforesaid, and that the sante are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except Those easements reservations, restrictions and other matters of record, AND EXCEPT general real estate taxes for 1993 and subsequent years which, after adjustment and proration as of the day hereof, Grantees assume and agree to pay. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiel and pe tceahIe possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, :Ind the use of any gender shall be applirahIe Iu all genders. IN WITNESS WHEREOF the grantor has executed This deed on the date set forth above. *** including .7 cfs from Water Ditch //116A, Priority J/167A title of wltic•I) is' not MAR.IN L. FENDER .i RO1 ERTA 13. FENDER STATE OF COLORADO County of Eat!, I e 'I'Ite Ioregoing instrument was at lit pwlcdged beton: Inc this 1 by Marvin T.. I iyt=:fin Rohcrt:t B. VI'1 b 1 `. *Ir in Denver, Insert •'('ity and.., I' o. 921A. Rev. 3-85. WARRANTY DEED (7i).1 ' I 'Ii•ntuitsl included under warranties of deed. day I,I I�'t 1) 111 1 1 r 1') �)'1 n \ h uiJ ,I11,11,1111 I:il s.•:11 VI, (“1.11nin44 l 4'.II1144 � l \I 4. laisrtrc± w / ��'7 Irractford Publishing.1743 Waive SI.. Denver. (')14020? (101) ?42-2500 H-')1 C� '7 1') • • 2189 334 00 022: Rancho Minnesota, Inc. c/o Tom Todd 600 E. Main Street Aspen, CO 81611 2189 333 00 028: Coulter Creek Valley Ranch P. 0. Box 1714 Aspen, CO 81612 2189 324 00 011: Gary McNulty 7747 100 Road Carbondale, CO 81623 2391 092 00 156: Gary & Elana McNulty 7747 100 Road Carbondale, CO 81623 2391 041 00 107: Charles Kisselburg P. 0. Box 182 Paonia, CO 81428 • U.S, Department of Agriculture Soil. Conservation Service • Page - 1 11/24/93 SOIL INTERPRETATION REPORT Survey Area- ASPEN -GYPSUM AREA, PARTS OF EAGLE, GARFIELD, AND PITKIN COUNTIES, COLORADO Map Symbol, Soil Name Septic Tank Absorption Fields Dwellings Without Basements Dwellings with Basements 4 ACREE 12 ARLE ANSARI 54 GROTTE 64 JERRY SEVERE Percs Slowly SEVERE Depth To Rock Slope Large Stones SEVERE Depth To Rock Slope SEVERE Percs Slowly Slope SEVERE Percs Slowly Slope 104 TORRIORTHENTS SEVERE Depth To Rock Slope CAMBORTHIDS SEVERE Shrink -swell SEVERE Slope Large Stones SEVERE Slope Depth To Rock SEVERE Slope SEVERE Shrink -swell Slope SEVERE Slope Depth To Rock Local Streets end Roads MODERATE Slope Shrink -swell SEVERE Slope Large Stones SEVERE Depth To Rock Slope SEVERE Slope SEVERE Slope Shrink -swell SEVERE Depth To Rock Slope SEVERE Shrink -swell Low Strength SEVERE Slope Large Stones SEVERE Depth To Rock Slope SEVERE Slope SEVERE Low Strength Slope Shrink -swell SEVERE Depth To Rock Slope So; 1 6 12. Si/ ioy .v. 1-0 1. . . . l V.L. ALI 11.1U VL1 UAL 1, SOIL CONSERVATION SERVICE /S7 .d L7 /S-1."-- ,5011 wSoI( zI 1 550 000 FEET 'Joins sheE 3. O. cws- k+ t 0i. 9 STATE OF COLO - —_ OFFICE OF THE STATE ENGINEER (307) -35e�1 Olt/g..1313 W »nn.,, Gt. p.,�v... Co+o..cfo 0020•3 PRIOR TO COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIDE CHANGE IN OWNERSHIP / ADDRESS WELLPERMIT, LIVESTOCK TANK OR EROSION CONTROL DAM CURRENT OWNER MMft04 Robert F. Petts & Cathleen E. Holmes Mailing Address 1 3 0 Ridge Road City, 'St. Zip__ W . t Milford, New Jersey G748 Phone (�) 7 2 8 -- .g..a ,240'. 1$ FOR ONE OF THF FOLLOWING; Er WELL PERMIT NUMBER 169139 ❑ LIVESTOCK WATER TANK NUMBER ❑ EROSION CONTROL DAM NUMBER ALL LOCATION• COUNTY Garfield HAN (�dats) SE 1/4 or n,. S �l/ 1/4, Sec. Distances from Section Lines 500 Subdivision 33 6 Twp. 1 F« Orcb. U.. only OWNEIZrs OWNER'S WELL DESIGNATION (cirri (3).1.) a3P1 ❑ N. or El s., 7 s., Range ❑ E or a W. 6 t h P Ft. from ❑ N. or x x S Lino 2030 Ft. from ❑ E. or W. Linc Lot Block Filing (Unit) IV STOCK TANK OR EROSION CONTROL DAM LOCATION: C O U IY7Y_ 1/4, Sec.Twp. N. « ❑ S., Range vv P.M. The above listed owner(s) say(s) that ho (thoy) own tho structure doscribod horoin. T(hooxisting record Is being amondod for tho following roason(s): t -=J Change In name of owner. ❑ Change In mailing address. I (we) have read the statements made horoin, know tho contents thoroof, state that to my (our) knowledge. and stathey aro tr uo [Pursuant to Suction 24-4_104 (13)(a) C.R.S., tho making of false statomonts horoin cortstitutos perjury the second dogroo and Is punlshab)o as a class 1 Name/Title (Please misdomaa.ori P 1 ry In type or print) Signatur Robert F. Petts & Cathleen E. ACCEPTED FOR CHANGE IN NAME OF OWNER AND CHANGE IN MAILING ADDRESS. . ED E. «❑ 44. 47026$ c7n 7 L`IN) • Uy s�s� DIv. Co.WD o� Basin Date //-/- 93 "✓ -7-44 mar MAR 10 1994 Data MD ' Use orm No. OFFICE OF THE STA ENGINEER WS -2Z, ,. COLORADO DIVISIONIMOF WATER RESOURCES C18 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 PPLICANT 1 894 WELL PERMIT NUMBER 169139 DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: MARVIN L & ROBERTA B FENDER 2158 UPPER CATTLE CR RD CARBONDALE CO 81623 ( 303) 963-3277 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SW 1/4 Section 33 Twp 6 S RANGE 87 W 6th RM. DISTANCES FROM SECTION LINES 500 Ft. from South Section Line 2030 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3) (b) (II) (A) as the only well on a tract of land of 48.25 acres described as that portion of the SE 1/4 of the SW 1/4 of Sec. 33, and that portion of the W 1/2 of the SE 1/4 of Sec. 33, all in Twp. 6 South, Rng. 87 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit "A'. 4) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on a farm or ranch, and the irrigation of not over one (1) acre of home gardens and lawns. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the well must be through an Individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. 3 -air -7 3 Pursuant to Policy Memorandum 93-4, condition #4 is changed to 'The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns, and the watering of poultry, domestic animals, and livestock on a farm or ranch." d- J) 3-10-9y APPROVED JD2 State Engineer Receipt •No. 0349574 By DATE ISSUED M 1993 AR 2 5 EXPIRATION DATE MAR 2 5 1995 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DMSICOOF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 ' (303) 866-3581 • 894 WELL PERMIT NUMBER 176955 DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Eilock: Filing: Subdiv: ROBERT PETTS & CATHLEEN HOLMES % ROBERT HOLMES 0188 ROUNDTREE RD RIFLE CO 81650 ( 303) 625-0851 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NW 1/4 Section 4 Twp 7 S RANGE 87 W 6th P.M. DISTANCES FROM SECTION LINES 10 Ft. from 3500 Ft. from North Section Line East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40.212 acres described as that portion of the NW 1/4 of Sec. 4, Twp. 7 South, Rng. 87 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit "A'. 4) The use of ground water from this well is limited to ordinary household purposes inside three (3) single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches, and the irrigation of not over one (1) acre of home gardens and lawns. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. OWNER'S C APPROVED JD2 7/-1;,E z State Engineer Receipt No. 0365482 DATE ISSUED MAR 11 1994 By EXPIRATION DATE MAR .11 LIEF. Z.1 (( Recorded at •• --� - - -•-- Iteccplif,ll l`le. C�%+''r . i. jr,� /,•�l�e. F !'�i�. -..._ . !? 9 - Recc:rder. This E14;1), Madetllitl 24th day of FiLly BOOK '1 .,�f-t.. yt1 84 ,between HAROLD E. FEiIDf'Z�'='(� P�.[ir �.��,� el • of Lhc • County of Eagle and State of , Colorado, ofthe first p•nrt,arnd r� IN L. FENDER AND ROBERTA B. FENDER 1. n r. • 1R.04 whose legal address 2158 Upper Cattle Creek Road, Carbondale, CO 81623 of the County of Eagle and State of Colorado, of the Fecond part: %VITN] SSETI1, that, the said part. y of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration DOLLARS, to the said part y of the first part in hand paid b:' the said parties of the second part, the receipt whereof is hereby confessed ;tnd acknowledged, ha ye granted, bargained, sold ;old coiiveycd, and by these,presents do grant, bargain, sell, convey and confirm unto the said parties of the second paint, their heirs and assign:: forever, not in tenancy in common but in joint tenancy, all the following described lot. . or parcel of land, situate, Lying and being in the County of Garf i el d and State of Colorado, to wit: A parcel of land located in Garfield County Colorado described as follows: Section 4: Township 7 South, Range 87 West of the 6th P.M. Lot 3. andxtl+:o:k1 .1,: ?lS(yla Ji11-xft :›iztl i.x ›Vit41AS:IxMiSx*MIf...f.:ftXin,i G3aAKa37±1zol.n yx Section 33: Township 6 South, Range 87 West of the 6th P.M. SE1/4SW4, and that part of the 1,JSUI,iSE4 which is located in Garfield County; and all that part of the WZSW'Nt.NSE'.; which .. lies Westerly of the County Road right of way and which is,` located in Garfield County. (23 9 3��:� _ cD c' - O a( 'yo Together with .7 cfs from Waters Ditch #116A, Priority #;167A; and a National Forest Grazing Permit for 129 head and a BLM Grazing Permit for 175 head on Basalt Mountain which will be conveyed without warranty thereto; M� also known as street and number vacant land ,- • -1OGI,TIIER with au and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper- taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, r,ither hi law or equity, '- of, in and to the above bargained premises with the hereditaments and appurtenances. ,;Cr�y!_ •'.."` n • '�,+� ",' "� •,;k :" �` r nj,,, M1. 1�. :.,yn ;..5"�*v 4 � `4�w•?.1v'P �41. 0. 68. nt�rl.t vry iit.r. '•i.ICY ..p1ti ddioti 'v —T. Jul upti,,i.nt rr-Bradford ruI.lGhlnr Co„ IHC•1. f, S. too t Olt vii, 1k•nvcr, Cw371ad0 KL:�Y:P`•�k0! QMH• • • • 1' IlAVE AND To noLo tbeRicI rrenii,es above bargained and dencribed, with t he appurtenances, unto the said parties atilt: second part, their heirs and inisigns forever. And the said p:trt y of the first part, for h i m self h 1 S hors, exectitor3, and adminbit rat ors, do covenant, grant, bargain and agree to and with the said parties of the second part, heir heirs and assigns, that al the time of he unsealing and delivery of these presents, 11C S well sok•ed of 118.. preniirw:::ibovc cOnvoyed, as of f',00(1,87718, pCI'reCt., Ilbt;0111k! mid indefeasible estate of inheritance in )aw, in fee simple, and ha S good right, full power and lawful authority to grant, bargain, sell and • '• convey the VIODC itt 11141.1111Cr find f01•111 IlfOrellaid, and that the smile are free and clear from all former and other grunts, barrains, sales, liena, taxes, assessments and incumbrances of v'hatever kind or nature, oever, except easement restrictions and reservations of record, if any; and except taxes for 1984 and all subsequent years; and except rights of way for County Road described in Document No 10176 in Book 1 at Paye 112; and Doc. // 109229 in Book 159 at Page 229; and roadway ..as per map recorded as [)oc. 11110502, -r() • and the above bargained promies in the quiet and peaceable possession of the said parties of the second part, their heirs__. and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WA KRANT ANI) FOREVER DEFEND. IN WITNESS WHEREOF, the said part y of the first part ha S hereunto set h i S hand seal the clay and year first above written. Signed, Sealed and Delivered in the Presence of , • -t4g,: ••,,;,;* T"TT ' ss. STATE OF COLORADO, County of Garfield The foregoing instrument was acknowledged before me this 19 84 ,by Harold E. Fender October 1.1 My commission expires ,t44 Notary's Address: /and -2-"AsEAL] .‘ ia ro 1 d-E.—Fender !SEAL] [SEAL] • 0 • .............. •t:•••••:: 24th ,19 87 . Witness -;;;;;;:nd • • • • ''. ..... '19IJ 23 Hwy. 2. Notary Public. 133, Carbondale, CO 81623 el eu el --0 , -A. -- ., I ,;•7, a.., ist o., frl > . o ... Z i • - , o.) rz..1 •°0 c V E 0 E -0 . ....- .... co c: c co Ine. ..... (..... ri. 0 2 E -i .4 al 0 .. .- ...v-. a. 0 ..., , ...c ,, ..., .. . _E- •-.., w 0 E-, .1 $4--4 E" • • . C al •°-° 0 °C Z 0 0 .... (... El ....• 0 v.,' ...4 /74 ': , I... p., 1:.• .4 .r..1 <4 .;4'. ,Sin '7....1 '' V a :Z" El a) E 0 ,:yr.'441 - 7 ' C/J • o r.... ••-• ' 0 . al "CI • 4 :,4:.• . ... ,•., ‘• , • x 4 0 ...., ...- a., 6. $... o ..,. ..v. , •,..• t„; '":' Ji.i..:1,,,,,Ar )).:47::Vg.:'. , .1...,#,51.,,,,7::•' '...C.';',3•!.*,74.:1'....:°11:4'.';.:,..1,04. ''oto,'''''..1,. ' ... -. ' :' ' ' ..' 1-:1:‘.11-'4';''S:ii-C.7 .':47..;... '4-1 '''.;44'1' . v 4 1 ' "::''''' ••••1''... ':°,' • - 41 .1:1 °I :71 , ..,.. " •.•.;• ft; , • • . 1.4 iir..I ,11.1 ,-8 r.-... : a 4 •• .4 C. 0 1.7 • • - • •"• .7 • • • .:•,;1(;••°4°.;;;•°;,",,•,'''(1.43:; ' . I r • r • 4. 3111/ -251 00-i0 5 .4I 2 30 004.101.- 2191'252-00-101 11 r r 1- • 11/1..16.11-A767.61.1.1 r 2- 81. 11 r 2 5. 1 / 23 BUCK PO/NT 2.13 00 0 • El9 2' 11110 514.00-811 15.11 — 10 U7 146 .51 I.• erD.93 21r3•t3r /4;!•• M. )5a.• to , ♦dio.nmp 2 0 4.-±0 (.14 E 5i9 (162) PAHuh AMA 10. II .01 5 • 1/91 i6141.4/ \ ar 4 ED ii9 171-11---17 SEE/ MAP (.0.4 140 T2591-30 21! 777 0.2.9 2' 39 (v_ir 0.tr_i„o gip en 3.33 OIo u. Id -J 3D 4 Id i©T 2 (01o0 re Q.L19 II C2.) 014 (.119 VicANIerl 14.r S 8917157 E SET /5 REBAR W/ 151.85 i 1 PLASnc CAP PLS. /27613 SET /5 REBAR W/ PLASTIC CAP P.L.5.'27613 35.00' WITNESS CORNERS ,P, 1 25.2' ^.'e�qp\�` .4,41.1'... ,{l i X / �x xx�x�+ 7�G; 4pyq x S 89'36'20' E .o SET 30.00' WITNESS CORNER 7o /5 REBAR W/I'LAS nC CAP 1328.24' 2761 i1 N 49V3'15' 1 27.10' 3 60..00' N01 RICHT OF 1 BOOK 637 RECORDS 6I ii 114; 3'22' W 9,65' 0.8' ti° 04‘ - 2 'HEADGA SET 30.00' WITNESS CORNER /5 REBAR W/ALAST7C CAP P.L.S /27613 RFS \ S 7/se44.01,7 To II J3 o .9* °RNE)? 1 0� \, R.\ o° r I P�. / �``53`� TOWNSHIP 6 SOUTH; RANCE' 87 WEST \\� S�1 . R - N 89'3.3'10' W I 1327.06' i / I 12' C.M.P. N 8933'10' W 7265.78' � I TOWNSHIP 7 SOUTH; RANGE/ 87 WEST u so"' A 913' ' 2 441% I "Tf F 1-0 $11=!751 r41 rT SII Robert F. Petts Cathleen E. Holmes 130 Ridge Rd. West Milford N.J. 07480 June 24, 1994. Mr. David Michaelson Garfield County Building and Planning 109 Eighth St. Suite 303 Glenwood Springs, Colorado 81601 Dear Mr. Michaehvson: We are requesting this exemption because we would like a personal family residence on the two larger lot; lot #4 on the exemption plat. Since the other three lots, #1, #2 & #3 on the exemption plat being applied for, are separated by the county road from lot *4 preventing joint use with #4 we are considering future development of them. As per part 8:52 of the Garfield county Exemption Applicability, section A, we are requesting the fourth lot. Lot 141 W1/2 SW1/4 NW1/4 SE1/4 on the exemption plat, is completely split from all the other parcels by natural land features, a county road and also a 60 ft easement and right of way described in book 637 page 265 of the Garfield county records. This property is not located in any fire protection district according to the Garfield county assessors office. Enclosed with this letter are the petition for exemption and the submit requirements: A. sketch map B. vicinity map C. copy of deed showing ownership D. names & addresses of owners of adjoining land E. U.S.Dept of Agr soil interpretation report soil types & characteristics. F. two well permits allowing for 3 (three) dwellings each as legal & adequate source of domestic water for all lots created. (I will be applying for separate permits when and if the exemption is granted. 6. no community water or sewer proposed. H. this letter as a narrative explaining why exemption is being requested. I. as per book 650 page 455 of the Garfield county records it appears that this tract, before exemptions, was not one of more than three parcels created from a larger parcel on may 24th 1984. this would meet the requirements of part 8:42, section G, of the Garfield county Exemption applicability requirements. J. $300.00 application fee Si r l — / K ���z����^ , . `�___-~^�'' ` ^ _ ` , ._~ �� Ov- � ---- Robert F. Petts, Cathleen E. Holmes • Recorded al"k,�ryU�� o'clocknl Reception No...4 709.9 .. )VL1819 ......._..b.�rrA5 12 PAGE 975 .........Recorder. Tms DEED, Made this 17th day of July , 19 78 , between RUTH A. FENDER STATE OUCUYEil1AR1 EEE` of the County of Eagle and state of ` JUL 181978 Colorado, of the first part, and HAROLD E . FENDER sX whose legal address is R.R. #1, Carbondale, CO 81623 of the County of Eagle and state of Colorado, of the second part ;<< WITNESSETH, That the said part y of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE to the said part y of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha s remised, released, Bold, conveyed and QUIT CLAIMED,. and by these presents do es remise, release, sell, convey and QUIT CLAIM unto the said party ` of the second part, his heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said part y of the first part ha s in and to the following described lot or parcel of land situate, lying and being in the County of Eagle and the mobeitxtostrfintoralloptanabox County of Garfield and State of Colorado, to -wit: See Exhibit "A" attached hereto and incorporated herein by; this reference. NO STATE DOCUMENTARY FEE REQUIRED - CONSIDERATION LESS THAN $100.00 leiVARR 9ERltlOii RWARulti!>** TO HAVE AND TO HOLD the same, together with all and singular belonging or in anywise thereunto appertaining, and all the estate, right, said part y of the first part, either in law or equity, to the only part y of the second part, his heirs and assigns forever. IN WITNESS WHEREOF, The said part y of the first ha and seal the day and year first above writ ten. % I Ruth A. Fende the appurtenances and privileges thereunto title, interest and claim whataoevar, of the proper use, benefit and bohoof of the said g hereunto set her hand Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, County of .........[SEAL] ,[SEAL] [SEAL] [SEAL] The foregoing. instrument was acknowledged before me this 19.78,by' RUTH A. FENDER. �F Y p ; \lOfy commission expiresirr Tr. O r /77/ day of July, 198/. Witness my hand and official seal. .4/...l.t...%.zzo.L. e-76),, Notary Public - .... ... ,. r, . •.e nrrn.—i..dfor,' Publishing Co.. 1R2616 Stoat Street. Denver. Colorado —5-77 tuui512 PAGE 977 EXHIBIT "A" Township 6 South, Range 87 West, 6th P.M. Section 33 SE4SW4, SE4 Section 34: ShNW4, NE4NW4, SW4, Eh Section 35: ', NW4NW4, ShNW4, NhSW4 Township 7 South, Range 87 West, 6th P.M. Section'3: Lots;3 and 4 Section 4. Lots 1, 2 and 3 Together with all ditches and reservoirs and all ditch and', water rights appurtenant to or used in connection with the above described lands, including, but not by way of. 1imitatiori the following... The McNulty Ditches Nos. 1 and 2; the Waters Ditch;_ Waters Coulter Creek Ditch; the Von Springs Reservoir No. 1, being Structure No. 340 in the decrees of the District Court for Garfield County, Colorado, for Water District No. 38, with Priorities No. 499 and 545); the Von Springs Reservoir No. 2, being Structure No. 383 in the decrees of the District Court for Garfield County, Colorado, for Water District No. 38, with Priority No. 550; and the Thomas McNulty Coulter Creek Ditch, being Ditch No. 177 in the decrees of the District:.; Court for Garfield County, Colorado, for Water District No. 38, with Priority No. 252. (Eagle County and Garfield County) Recorded a :•.--) . o'clock r M., Reception Not.... .7.3.646 THIS DEED, Made this 5 th day of March , 1.9 76, between RUTH A. FENDER, an unmarried woman, of the County of Eaq le , and state( of Colorado, of the first part, and ,• HAROLD E. FENDER of the Comb, of Eagle and state of Colorado, of the second part, WITNESSETH, That the said part y of the first part, for and in consideration of the .i of 6 . TEN DOLLARS AND OTHER VALUABLE CONSIDERATION IIROMESIre to the said party of the first part in hand paid by the said part y of the second pest, the evoeipt qatarest-e Is hereby confessed and acknowledged, hag remised, released, sold, conveyed and QtliT CLAIMED, sod by these presents do es remise, release, sell, convey and QUIT CLAIM unto the said party of the seemed put.. his hers, successors and assigns, forever, all the right, title, interest, Mahn and demand which the parr/ of the first part ha S in and to the following described lot or panel of land situate, lying ANC being in the County of Eagle and the isoitAlidentAdotualtafoxedle Co= of Garfield and State of Colorado, to -wit: • • :41.4 487 --Racorder. suri crialzit JUL. 23 wg See Exhibit "A" attached hereto and incorpo- rated herein by this reference. NO STATE DOCUMENTARY FEE REQUIRED - CONSIDERATION LESS THAN $100.00 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances arid privileges thereunto' belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the _ said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part y of the second part, his heirs and assigns forever. and seal the day and yestr first above written. IN WITNESS WHEREOF, The said part y of the first part has hereunto set her hand (1? -44-4/Z, (SEAL) R th A. Fender (an unmarried woman) [SEAL] Signed, Sealed and Delivered In the Presence of STATE OF' COLORADO. j. se. Countyof Garfield —MEAL] [SEAL] The foregoing instrument was acknowledged before me this 5th day of March, 19 76be RUTH A. FENDER, an unmarried woman. , % 1!,. Arc, S ,...n,.A•11;:oemmisaton , 'expires 19‘197; Witness my band awl official seal. My Commission expireOct 3 ". (%`:' •\ VI I t i: ' *. - . , • . ' 1 6 • . . . -. 1: ..--.2,--Zel.„, kvi--e‘z2 11_2 .. , . • ... .'"..,e '' '''''''''' ''''6,,,,,!,,00.,-.. Notary Pnblie. *If by natural person nr person! here Insert name or Tunes: If by person acting in representative or official capacity or as • • BQUK 487 PAGE; EXHIBIT "A" 1:-,$:A tract of land situated in the SEhSWh and the SES, Section. 33; the "NEhNWh, ShNWh, SWC, and the Eh of Section, 34;%the NWWWh,„,the ShNWh,the'NhSWh of Section 35, all, in,TownShip ° 6 South, Range 87 West of the 6th P.M. and Lots 1,`2,and•3 of . Section;. .4; and Lots 3 and 4 of Section .3,.Township l;SOuth Range 87, West of the 6th P.M. Together with all ditches and reservoirs and all ditch and water::, rights appurtenant to or used in connection with the:;' ”above:3�described>'lands, ;including, but not byway :of:limitatiOfl s; the. following:,; he McNulty Ditches Nos 1 and 2; ' The Waters , Ditrh t'v Waters oulter-Creek Ditch; the VonSprings.Reservoit 1, cbeing, Structure .No. 340 in the decrees ,of :the District Court. for -Garfield County, Colorado, for ;~.3 Water District No. 38, with Priorities No; 499 and 545= the. Von Springs Reservoir No. 2, being Structure No. ." 383 in the decrees of the District Court for: Garfield'" County, Colorado, for Water District No. 38, with -s Priority .No. .550; -and the Thomas McNulty Coulter Creek Ditch, being Ditch No. 177 in the decrees of the'.Distric :Court for Garfield County, Colorado, for Water District No. 38; with Priority No. 252. (Eagle County and Garfield County) Lot 7, Section 11, Lots 1, 5, 6, 13 and the SEhNEh of Section 14, -all.: in Township 7 South, Range 87 West of the 6th P.M.,'° containing 160 acres, more or less. (Eagle County) 'PARCEL'3: A tract of land situated in the Southeast Quarter of the ..` Northwest Quarter, Section 14, Township 7 South,. Range 87' West of the Sixth Prinicpal Meridian, described as follows:` Beginning at a point on the East line of said SEhNWh whence the North Quarter Corner of said Section 14 bears N. 0°27' E., 1,488.3 feet; thence S. 0°27' W., 346.1 feet alang East line of said SEhNWh; thence N. 87°48' W., 241.3 feet; thence N. 26°27' E., 156.7 feet; thence N. 41°31' E. 262.5 feet to the point of beginning, containing 1.06 acres, more or less. (Eagle County) Recorded at 8:12 A.M. May 3, 1971 Ella Stephens,Recorder. Recorded at 52:o'clock. Pt M., April 21, 1971 Page Book418 Page 544Rec. # 249607 Reception No 115969 Maxwell R. Harz - nkr THIS DEW, Made this 24th day of March .19 71 between HAROLD E. FENDER and RUTH A. FENDER STATE DOCDIIBITAAT FEE APR 21 1971 limemmomenn of the County of Eagle and State of Colorado. 1 of the first part, and RUTH A. FENDER of the County of Eagle and State of Colorado, of the second part: WITNESSETH. That the said party of the first part, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Considerations ARMAdali to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, h.:6 granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm, unto the said part y of the second part, heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Eagle and and State of Colorado, to -wit: Garfield "An undivided one-half'(') interest in the SE'SW' and the SES, Section 33; the NE'kNW4i SZNW', SW4, and the EZ of Section 34; the NW4NWk, the SZNWk, the N'kSW' of Section 35, all in Township 6 South, Range 87 West of the 6th P.M. Lots 1, 2 and 3 of Section 4; and Lots 3 and 4 of Section 3, Township 7 South, Range 87 West of the 6th P.M. Together will all ditches and reservoirs and all ditch and water rights appurtenant to or used in connection with the above-described lands, including, but not by way of limitation, the following The McNulty Ditches Nos. 1 and 2; The.Waters Ditch; Waters Coulter Creek Ditch; the Von Springs Reservoir No. 1, being Structure No. 340 in the decrees of the District Court for Garfield County, Colorado, for Water District No. 38, with Priorities No. 499 and 545; the Von Springs Reservoir No. 2, being Structure No. 383 in the decrees of the District Court for Garfield County, Colorado, for Water District No. 38, with Priority No. 550; and the Thomas McNulty Coulter Creek Ditch, being Ditch No. 177 in the decrees of the District Court for Garfield County,. Colorado, for Water. District No. 38, with Priority No. 252. Subject to rights-of-way for roads, ditches and telephone lines as now constructed and in use. Except minerals reserved by the United States in Patent recorded as Document No. 97676 in Book 175 at Page 157 of the Eagle County records. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 463. WARRANTY DEED—For Photographic Record. —Bradford Publishing Co.. 182448 Stout Street Denver. Colorado Book 418 Page 545 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, her heirs and assigns forever. And the said part y of the first part, for himself,hi9leirs, executors, and administrators, do es covenant, grant, bargain and agree to and with the said part y of the second part, her heirs and assigns, that at the time of the ensealing and delivery of these presents he is well seized of the premises above conveyed. as of good) sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha s good right, fun power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever. and the above bargained premises in the quiet and peaceable possession of the said part y of the second part, her heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part Y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part y of the first part has hereunto set his hand and seal the day and year first above written. -U/L [SEAL] Signed, sealed and Delivered in the Presence of 4 Frold E. Fend r JJ 1 7 !, (7 ?: Gam'%£ ! [SEAL] Ruth A. Fender STATE OF COLORADO, . ( ss. County of The foregoing instrument was acknowledged before me this 1971 ,by Harold E. Fender and Ruth A. Fender DI� cgrnriris.sjon, e$pires .•.`�v�l'1ii J 4? t day of 19 /:L . Witness my hand_and official seaL [SEAL] ••':••—� 5:••—... '= / Notary Public. PD rueu•MlNO CO.. 0(000! Book 418 Page 542 Re249606 Recorded at 8:10 A.M. May.3, 1971 Ella Stephens,Recorder. Recorded ...... PI M., April 2L.a 197/ Reception No 115971 Maxwell R. Bars „Recorder THIS DEED, Made this 24th day of March between • RUTH A. FENDER and HAROLD E. FENDER of the County of Eagle. of the first part, and HAROLD E. FENDER of the County of Eagle .1971 , and State of Colorado, $TATE NCOM p► VT APR 21 1971 and State of Colorado, of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the sum of Dollars and Other Good and Valuable Considerations Ten to the said party of the first part in band paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm, unto the said part y of the second part, heirs and assigns forever, all the following described lot or parcel - of land, situate, lying and being in the County of Eagle • and and State of Colorado, to -wit: Garfield "An undivided one-half ('�) interest in the SE'SW' and the SE'k, Section 33; the NE3NW -, SZNW', SW'k, and the EZ of Section 34; the NW4NW', the S1/2NW4, the NkSW' of Section 35, all in Township 6 South, Range 87 West of the 6th P.M. Lots 1, 2 and v of Section 4; and Lots 3 and 4 of Section 3, Township 7 South, Range 87 West of the 6th P.M. Together with all ditches and reservoirs and all ditch and water rights appurtenant .to or used in connection with the above-described lands, including, but not by way of limitation, the following:', • `The McNulty Ditches Nos. 1 and 2; The Waters Ditch; Waters Coulter Creek Ditch; the Von Springs Reservoir No. 1, being Structure No. 340 in the decrees of the District Court for Garfield County, Colorado, for Water District No. 38, with Priorities No. 499 and 545; the Von Springs Reservoir No. 2, being Structure No. 383 in the decrees of the District Court for Garfield County, Colorado, for Water District No. 38,.with Priority No. 550; and the Thomas McNulty Coulter Creek Ditch, being Ditch No. 177 in the decrees of the District Court for Garfield County, Colorado, for Water District No. 38, with Priority No. 252. Subject to rights-of-way•. for roads, ditches and telephone lines as now constructed and in use. Except minerals reserved by the United States in Patent recorded as Document No., 97676 in Book 175 at Page 157 of the Eagle County. records. TOGETHER with all andsingular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or equity, of, in and to the above baigaincd premises, with the hereditaments and appurtenances. No. 963. WARRANTY DEED—For Photographic Record.—Bradford Publishing Co.,1824.46 Stout Street. Deaver, Colorado ;I Book 418 Page 543 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said part y of the second part, his heirs and assigns forever. And the said party of the first part, for her self,hetheirs, executors, and administrators, do es covenant, grant, bargain and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents she is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha $ good right, full power and lawful,anthority to grant, bargain, sell and eonvey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever. and the above bargained premises in the quiet and peaceable possession of the said part y of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part Y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part y. of the first part has hereunto set her band and seal the day and year first above written. „.---Th �/ • Signed, sealed and Delivered in the Presence of kFc' /('..-1 Ilh'L .. [SEAL] Ruth A. Fender /., �/t`j-- e(G - ,, K '- [SEAL] Harold E. Fender STATE OF COLORADO, County of �., -; tc t cl. ri The foregoing instrument was acknowledged before, me this ,` 4� day of 19 71 , by ,,,4juth A. Fender and Harold . E. Fender. commissi .4 Aires 1 4, , 197.",--- . Witness my hand and official seal. T. •• • //j i ��+ Notary Public. ..[SEAL] 6 • 1A0,Oro •UILIIMINO CO.. OCHYtI Book 375 Page 532 LL 111.6.6.7 Flied for mooed the. 28 dap et__e<1 RT.',_..__.... A. D. 111.6.6.. at.9 :? z_.a•..te... ,• I Reception Na. 234.46 Chas. S. Keegan_ _-__.__RECORDflt EEVf Made this 27th day of April in the year of our Lord one thousand nine hundred and sixty-six between NORMAN E. SHERWOOD, JR. and MARY N. SHERWOOD of the County of Garfield and State of Colorado, of the first part, and • HAROLD E. FENDER and RUTH A. FENDER of the County of Eagle and State of Colorado, of the second part; Witneaseth,.That the aaid parties of the first part, for and in consideration of the eam of Ten Dollars and other good and valuable considerations, to the said parties of the first part in hand paid by the said parties of the secondRisk hereby confessed and acknowledged, ba vebargained, per es receiptss do is grant, bargain, sell, convey and confirm unto granted, sthe second sold and part, and by !hese presents n Joint tenancy, the survivor of them, their assigns and the heirs and ass not in survivor fo eve , come fn ou described lot or parcel of land, situate, ! Crea °f aueb Count forever, all the followingt of Colorado, to -wit: and being the>vsmnYy a�f Counties of/ and State Garfield and Eagle ElThe SE.t'SW.`- and the SE:l of Section 33; the NE.'-,-,NWq, SZNWSW,`, and the EZ of Section 34; the NW-- NW,I, the S'NW4, the NZSWq of Section 35, all in Township 6 South, Range 87 West of the 6th P. M. Lots 1, 2 and 3 of Section 4; and Lots 3 and 4 of Section 3, Township 7 South, Range 87 West of the 6th P. M. Together with all ditches andreservoirs arid all ditch and water rights appurtenant to or used in connection with the above-described lands, including, but not by way of limitation, the following: The McNulty Ditches Nos. 1 and 2; The WatersDitch; Waters Coulter Creek Ditch; the Von Springs Reservoir No. 1, being' structure No. 340 in the • decrees of the District Court for Garfield County, Colorado, for Water District No. 38, with Priorities No. 499 and 545; the Von Springs Reservoir No. 2, being Structure No. 383 in the decrees of theDistrict !! Court for Garfield County, Colorado, for Water District No. 38, with Priority No. 550; and the Thomas McNulty Coulter Creek Ditch, being Ditch No. 177 in the decrees of the District Court for Garfield County, Colorado, for Water District No. 38, with Priority No. 252. Subject to rights-of-way for roads, ditches and telephone lines as now constructed, ane on in use. axes It ntinera�s reserved by the United States in Patent recorded as Doc. No. 97676 in Book 175 at Page rat of the TE;ag e County and and records. Together singular dbelonging, s in apper- taining, andteeverson eersnemadernd remainders, ners, rents,issues and profits thereof; and all estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. To [rave and to Bold the said premises above bargained and described, with then i parties of the second part, the survivor of them, their assigns and a heirs and assigns ortuchcsu, unto the said t. And the said parties of the first 1 ei Rns of suchmsurvivor forever. r, Dart. for thenselVeS, / Metra, executors, and administrators, do N covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns j1 and the heirs and assigns of such aurvivor, that at the time of the enscaling and delivery of these presents, 1 are!' well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same am free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soeer, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the h survivor of them, their assigns and the heirs and assigns of such survivor, against all and everyl part thereof, the said part les lawfully claiming or to claim the whole or any Persshall 11 persons i WARRANT AND FOREVER DEFEND. of the first part shIN In Witness Whereof, The said part le s of the first part have hereunto sem t r handsandwill and seals the day and year first above written. , Signed, Sealed and Delivered in the Presence of m7 on ` .'Shertrood-�,04.4., !- .Y- :.4fi. _ doh i lar} N. Sherr ooh cg6 STATE OF COLORADO, a is 1 . Ilei !! County o[ Garin ld es. The foregoing instrument was h acknowledged before me this 2.71h day of _\Pril lq 66 , 'by \Q1.i.DL9.N' E. S11_E.R.IVO.OD,....Jh. and..MAR. Y. .R. Witness my hand and official seal. My commission expiree.......-....Ua.l'.Cb...l.9....I.9.5.$.. 'It seeing In official or Notary Public 9 :. e rwm•entatln nvselV. Invert sauna and also calm a capacity and Inc "bora ading. �i f, 50114t-p-R.rl..d WARRANTY DEED TO JOINT TENANTB...put Wwt prinnng aad etalleoer, Oar.. Oulnid, gprden. Qolo,e de - —I N • R...t..nw V.. NVARR.%'NTY I)FFI) THIS IIEFI). mao, 't!: d.n of Febrt..tty W q3 . hct.... -n f.•ndtc .t!•! R,•h•. • to B. Fende t ol ,!e •t-.•unt. ,•, Eagle anal Stant (,•t.....>, c•a^,.•V and Rol -tett ' 1'••tts and Cathleen E. Robes. as ;Tint tenants GS9 FEB 1 8 1953 Stato p;tr. Fos h••.<•krala-tootis 1r `lilford, New Jersey New Jersey this t .wool .•r and State of/Ctiatatib. granters A It\ESS. !ha! th. -am.r. tis and n .,nisnierat•.xt o! the .um of ONE HUNDRED AND FIFTEEN THOUSAND ,SND NO J 101)-- (f 1 1 i , C,00.Ot;1---- ----- DOU ARS the riNe t and mutts of wh+th ,. Arc,. a:knou. kdred. ha, ennt tt. bargained...kJ and enflamed. and by the.e pmr.e.tts dm, ;tont. !vrgtm sill.. •n.c. and .. rtnrm int.. this erantm. their heti, and asstgns former. r.r in tenance in common Fro rn ports Ionone. Jt! ,fit Etat! pt.•sc•tt ! ertncr .moth tntmmemrnt•.. t• ana. situate. Is ing and hong to the County of , 1 01.1 State of Colorado dc..Ttied as follow. parcel of :an' located in Garfield County Colorado de,,cribed as follows: S.Seijon T,•s.shin -^:th, Range 87 West of the Sixth Principal Meridian 1..-t n Tow shit ,uti. Range 87 West of the Sixth Principal Meridian, SE!,:Sls•i;+. and that Part of the W1;2SW1/4SE1/which is located .lar:ield County: and all that Part of the Wl/2SW1/4NW1/4SEl/4 whi-h lies Westerly of the County Road Right of Way and which is •..twit art: -.umR'r n i. -gated in Garfield County-. *** (see water rights below) T(X:FTHFR with a:! and smeutar Mc hereditament. and appurtenances thereunto belonging. or m am wise apes -naming and the rc.r•+tte and rr.er.•,.n.. rrnutnder and rcma,ntkrs. rents. Elwes and pmfits thereof. and all the elute. nett. title. tna.trsi. claim and ,.c•nanJ whan.e.cr oo this patrol'. either m lana or eyutts. at. ,n and to the allow harganed premses. with the hereditaments and arner.rnar. , TI) 11 \% 1 \ \D Ti) HOLD the saki , mise, ahtnr harrancd and dci«mbed. w sth the appurtenances. unto de grantees. their hens art: a..trn• hx-srr \rod 'he grantor. tic himself. hi. hem. and personal tepresentames. docs crnrnan . grant, harram and arty to aid nib the cranky,. their heirs and a sten.. that at tfw lime of the eme.lmr and dcli.er, of these presents. he is well seized of the premises as'se r,•nscnrd• ha, wrt. pertecr. abst tutc and tndctea.tbk estate of mhcnunce. to law. in foe simple. and haat rood nght. full t.sstt anal law tui aunt ret to gram. h.rgarn. •til and:onse•s the same to manner and torn atort,ad. and that the erne are fire and ckar t-om all Tomer and 1'(her grants. lvrcatns. sales. !rens. Imes. assessments. encumbrances and reurtctxxts of whatever kind or nature ..ear.. n«p+ The se easements reservations, restrictions and other matters of record, AND EXCEPT general real estate taxes for 1993 and subsequent years which. after ad;!tstnent and proration as of the day hereof. Grantees assume and agree to pay. The grantor shall and will %ARRANT AND FOREVER DEFEND the abuse-hargamcd premises m the quiet and F'aceabk r•ssessios of the cr.mtet• then heti, and . ten, against all and a tTy penton or persons law fulls tlamtnr the mono .r any part thereof The stncular number shall Include the plural_ the plural the stngatal. and the use of ans gender shall be applicable so all renders. I\ N-IT\1-.SS 'DER I:1 )f- :he grants has eseiuted this deet! on the date set forth ahosc *** inc'.':dinz .7 cfs from Water Ditch k116A. Priority ;167.\ title of which iitnot• incl'ided under warranties of deed. 1; R'ill,N L. L-Etii: ER ROgSERT:\ O. FE.JEF. ST \TF OF CO((tR A [X ) t ,r.s,n E g:e 5' rho !.nee •m. m.lru nx nt n y .n n.: -tomo IN:, 4r nor Inn 12th _.. Gj+l:+i;u-tcob•--rt.a B. Fencer . - •; 4i Ysw .rt °r int or "II •n ,n Ikn.e,. ,nam -llt. and 1'c. :•`�_ • o.. 1.. .,v.... n.rn.r..t 1„ tot February R,Enc.. ma hmJ anal .. ,.-i�l ..vt .1993 . IV Rev".atj ' ck,r4 1F. - pct. pt.:rNom. .j5 _ ILGRE) AISDORr, R-.-CORCAR QUIT CLAIM DEED f-i(f7 ttr,E 5'71 :,i IEID Stats Doc. FM WHEREAS, the parties hereto are the own'rs of certain adjoining lands: and WHEREAS, the parties have heretofore agreed to establish a certain non-exclusive easement for the benefit of them- selves and their respective successors ani assigns; and WHEREAS, a certain roadway has been constructed across properties belonging to Harold E. Fender and extending to property belonging to William C. Welcher and Margaret Welcher (hereinafter 'Welcher"); and WHEREAS, Frank Shriver is desirous of extending the easement across the property belonging to Welcher to certain property owned by Shrive: located easterly of the Welcher, parcel; and WHEREAS, the parties have obtained a survey description of the center line of the easement to be esta'blished.(includ- ing that portion of the easement over which a roadway has already been constructed); and WHEREAS. the parties are desirous of locating and estab- lishing said non-exclusive easement from the County Road across property owned by Harold E. Fender and across property owned by Welcher to the property of Shriver; NOW, THEREFORE, HAROLD E. FENDER of the County of Eagle and State of Colorado, and FRANK SHRIVER, WILLIAM C. WELCHER, and MARGARET WELCHER of the County of Pitkin and State of Colorado, grantors, for TEN DOLLARS AND OTHER GOOD AND VALU- ABLE CONSIDERATION in hand pail, hereby release, remise, and quit claim to HAROLD E. FENDER, R.R. 41, Carbondale, CO 81623, FRANK SHRIVER, P.O. Box 10134, Aspen, CO 81512, WILLIAM C. WELCHER and MARGARET WELCHER, P.O. Box 500, Snowmass, CO 81654, grantees, the following described real property situate in the Counties of Garfield and Eagle, State of Colorado, to -wit: A non-exclusive easement and right of way 60 feet in width for access and utility purposes extending from County Road 113 (Cottonwood Pass Road) to certain prop- erty owned by Frank Shrives-, said easement lying and being 30 feet on either side of the center line described in _xhibit "A,' a copy of which is attached hereto and incorporated herein by this reference. Said easement is established for the benefit and use of the grantees and their respective successors and assigns and is intended to be ano shall be deemed appurtenant to the respective properties owned by sail 3ran:.ees. TO HAVE AND TO HOLD the same, together with all appurte- nances an privileges thereto belonging or in anywise thereto appertaining. Nothing herein contained is intended, nor shall the same be construed, as obligating Harold E. Fender to maintain or otherwise contributes to the maintenance of the easement so i 1,4 r•''t.)vti establishes, which oh1ilation is that of the Cottonwood Estates Property Owners Association, Inc. Signei this•' n ( day of September, A.9. 19q. Harold E. Fender 1 Prank river william C. Welcher `1argaretelcher STATE `)F C 1LORADO ) / )ss. COUNTY OF C � :.�(1 ) The foregoing instrument was acknowledged before me this day .of September, 1992, by HAROLD E. FENDER. Witness my hand and official seal. My commission expires: ta ''`(,lfi'� STATE TF ; ?LORADO )ss. COUNTY OF 7 BGG / Address of Notary •.bl uhl • -k1/6 e/ he foregoing instrument was acknowledged before me this _./j...4!_)ay of September, 1992, by FRANK SHRIVER. Witness :my hall and offic).al Seal. My comm ss:.)n expires: //�'r-f ,44 1/ Rota yub1iic ierL A ress oNota Pu Lc~ ;r • v • ,S/e STATE OF COLORADO •)ss. COUNTY OF c4,7 r'r#5. ,The foregoing instrument .+as acknowledged before me this � day of September, 1992, by WILLIAM C. WELCHER. Witness may hand ani official seal. My commission expires: 4r4„--04(//44 STATE OE COLORADO COUNTY OF L'c LL )3s. Iota rdr flub is 1, „ 0 • ! •� ,-.-t • • i 4O I. .) ,/7 - . 4 ? Address of Votar Pub i : • J The foregoing instrument was acknowledged before mr, this y1� day of September, 1982, by MARGARET WELCHER. Witness my hand and official seal. My commission expires:/n%% i 1 Address of Iota Pub tc {41, E\HIBIT "A" stria, of l.anl .a .' feet in .:idth, situated in the S!/2 of Sect:en 31, Ti'ws!a o Sot'•. R. -age 8 Lest. .and in the NF.1r4 of Section TcW'n<h• 7 •;out', a; G• '4est of ,h_. Sixth Principal Meridian, ,ties of Eagle had i:field, State of Colorado; said strip lying f,-.,• to ea. -h of the following described centerline: Co-^e'".cicg at '^_ ':ert"cast Corner of said Section 4, a rebar and cap i. place sicked...5. 4544', thence N.71'33'27'W. 33R0.94 feet to the intersection of the cer•er;ine of Carfield County Road No. P113 and the centerline of a f7. f of ac-ess road easement, the True Point of Beginning; thence :g the rrnterline of said 60.00 foot access easesent N.61"46,'1, .77 feet; thence along said centerline N.70"21'CTI'r, f•et; thence along said centerline N.72.33'56"F. 'ect; thencesaid centerline N.74°54'09 -E. 176.22 feet; t'•eace along said ce^t.rline N.56'59'53"E. 105.96 feet; thence ;long said centerline ;.4C. 34'' E. 38.22 feet; thence along said centerline N.28°27'0="E. 98.43 feet; thence along said centerline 1:.39"34'19"E. +9.35 feet; •..erre al.'..7 said centerline N.52'33'34"E. 32.32 feet; ['hence a!--.gsaid ten:erline `:.62"15'06"E. 109.37 feet; thence along s'i,'. :en,erline S.'_ -4 .- `• 221.06 feet; thence along said centerline S.47"56'09 -E. 61::1 feet; thence along said centerline S.62"56'29"S. 45.51 fest; thence along said centerline 5.78'15'39"E. 146.27 feet; thence along said centerline S.55`46'40"E. )2.52 feet; thence along said centerline 5.22°14'26"E. 242.99 feet; thence along said centerline S.43" 16'16"E. 119.85 feet; thence along said centerline S.63'09'09"E. 63.45 feet; thence along said centerline S.55'02'17"E. 51.21 feet; thence along said centerline S.34°42'23"E. 209.25 feet; thence along said centerline S.24'41'03 •E. 127.15 feet; thence along said centerline S.78"04'50"W. 129.51 feet; thence along said centerline 5.13'09'51"W. 180.55 feet; thence along said centerline S.22'24'10"W. 345.93 feet to a point on the Northerly line of Parcel 13 of Cottonwood Estates, also being the Northcr!v line of said Section 6; thence along said centerline S.22'24'10"W. 58.79 feet; thence along said centerline S.24'45'04"W. 93.27 feet; thence along said centerline S.29'46'14"W. 116.56 feet; thence along said centerline S.38'18'40"W. 338.75 feet; thence along said centerline S.3.'04'35"W. 155.43 feet; thence along said center- line S.:0'54'22"W. 57.62 feet; thence along said centerline S.13'40' 25"E. 122.17 feet; thence along said centerline S.20'48'37"E. 111.17 feet; thence along said centerline S.35'11'39"E. 42.15 feet; thence along said centerline S.51'21'42"E. 39.61 feet; thence along said centerline S.67°06'01. 54./' ,et; thence along said centerline 5.73.35'35"F. 89.03 : ..r..ce along said centerline East 272.19 feet to a paint on the vest>ri• line of Parcel No. 14 of Cottonwood Estates the Terminus; (whence t'.u. ''•rtheast Corner of said Section 4 bears N.:.7'53'13 -E. 1,777.911 fret) 11/14/94 16:19 ''303 945 8902 DELANEY&BALCOMB VUnt JU.I11Y'1� 11:•L1.1 ..71 IIY IUjU;) I-U-OII 'Jr.ti -).+W L:+i' •��i4�IJV R1oi111vku—li )111wuu v01I11,1**1.0 yon. 30 •JaJI230 aag\v �� 1u• laa.a :91 • J 'JOaalJ)o a0 JJJ JJU gat• JO 4g1vu uaLYl -JA Jo tu1,40 AO JI ' uall0laI&D Jo -2JIDV0•a a#K3v so 1u*J-" 1'i llua¢a�01•nf11i lawvt sadInq ivaiia6uao uoiaoG 1 lou J upit4o 4117 i .sq aalat.dI maw* a0 y,111a3UYYdaa 111 ImWU uoN00 [q .ILq • ,11111.1111'1„J• o`G' ; 6L61, 't 'hq su dyo U0Itt!WW0j AW • di ` aealdYi.uo}nilamer1ilfj�,.`` ,ti.. UPWOm pa'T33Ylitin u>: ' 3QN3:I 'FZ WLnL' 11`'&q9L GT alert aeu •aop9 palpataiom1Dl alai Iuur0.gaul Sulolau; aqy Tet piwn 1• , pent' ❑a 111.1u11A1 • Jo [•P ua S rueluoM [RY3B3"PuLs vluun 71L'��xy k'u "�' - j1 }"'7 ✓ f+i f • '/ .usU ► ams 11113 rie6 pur Alp aq1 PIP pull paint 10t4 Ia' olattotoq esq Iaad 1'213 aqi i0 A laud PI•u ogd '41031131/.4SS3AW, 4. NI %Immo) Sullw pug aat'q SF 4 yard pawn .qI ;a q.tnd P111 s41 J' 70oq.q Pao 7uuu1zo4 '.dead £lull eqI w 'J1Jlune 30 Leat ut .latma vad laa1J eq; So I s-nd plta no Jo'1a/i1JM14* Wisp pus S"aalui ''Ilii 14 I.' ''%alta 00 fl Pa•'auizur 30dd. 0144u3+11 o11.th4ar try ad 7iullu0lp a101at'41 aalatFmad pU1 aavulusynulda a4I aatMuta put Tia (MK aaglalol ''mat .R1 ❑ iofi e.I, JTNY gAYtt eZ OO' 00TO NYILL SS37 1 cazt'2laarsNoD — 0aainOan ata j uvINalinooa amlas ON fptaT3-Ivo JoSlmto3 'oalnro'ioo loo Uyv•s Jo 10000111d eta ul paaasll'Q pug papas —odzoauT put? •oau®.e;ai atter Act utazati pe;Tru o;0io4 V ,1t,, 4T14Fgx3 pas ;14/4 -04 Jop,azotOD ;o pub ptaT3=1*D 3a. JCvueo1 artretwurftworopowilowia ato pu>3 atbt}a w 4iaaoa eqI Hi Bum pals'MA 'Bulli%' Pah 10 Iniad ill tot 1114W0PP SvPuTto.Inn of put' u1 t3 .q I.*14 %+'{7 043 Jo 4 11d plat 'RI pptgai pup Pin W1'10 `1o>1+1i.t '•tIR Ws sin IP'aaaaa0;'yawn pus .so.g000I'um 9p; Vol pan= 0114 p Alava P1" •R1 Jpaa It1Y'In mnb Pe» ta►'Ju 'g" '"a'lu •J1'lm'a pa op gaauad amp 4 pas 'Q2wir73 S4Ab Pus patuaw 'Plea •Pea.aiae 'pa'ltaat 0.4 'palpalJnaegsa Pu. Pnw3u0D dgaaaq 11 plasalai ydlaaai sqi lad pogo, .91 I0 1C Ia.d P1.a aq7 Lq Ned put9 tri pad I'2TJ aqi JD A Iaaa plea alp 04 Mor.Y133arsud0 3121tfTfA 13311 O 'illi SEY"I'IO4 N3L 7s um 0 % 3 tgg46alp4*1 al P11204 1210 WI; aRi Jo h PM SRI 3'11.L .H135831,LLIM ISE( Paean co 10 SIMS pull Qtbteg Jo4=6 aqI J' ztaatiga . ' crigavli punt yavd rug rip 30'opaaato3 IA %all Pur atba t'3 LIen0 1 aqq Jo 31Rw.,TY.+.U���4 mat lar 'tit?uom pejzavrzurt uv '1I2QN33 'V 4( 1T awrlw 'g L .3 • gosaUt J° A" p 44s *Po arum 'aaga othri 004 EXHIBIT "A" BOuK487_,5AE. PARCEL 1 A tract of land situated in the SE3/4SWh and,the SES, Section .- 33; the NEkNWh, ANA-, SA, and the Eh of Section 34; the NANW1x, the S;sNW1/4, the NhSWk of Section 3S, all in Township 6 South, Range 87 Went of the 6th P.M. and Lots 1, 2 and 3 of Section 4Z and Lots 3 and 4 of Section 3, Township 7 South, Range 87 Went of the 6th P.M. Together with all ditches and reservoirs and all ditch and- water right8 appurtenant to or used in connection with the . .above described lands, including, but not by way of limitation, the following! PARCEL 2 PARCEL 3: s i0 The McNulty Ditches Nos. 1 and 2; The Waters Ditthj` Waters Coulter Creek Ditch; the Von Springs Reservoir. No. 1, being Structure No. 340 in the decrees of the District Court for Garfield County, Colorado, for Water District No. 38, with Priorities NO. 499.and 545;, the von Springs Reservoir No. 2, being Structure NO. 383 in the dearee8 of the District Court for Garfield County, Colorado, for Water District No. 38, with Priority No. 550; and the Thomas McNulty Coulter Creek Ditch, being Ditch No. 177 in the decrees of theDietriCt. Court for Garfield County, Colorado, for Water District No. 38, with Priority NO. 252. (Eagle County and Garfield County) Lot 7. Section 11, Lute 1, 5, 6, 13 and the SEkNE's of Section'. 14, all in Township 7 South, Range 87 Went of the 6th P.M., containing 160 acres, more or 1086. (Eagle County) A tract of land situated in the Southeast Quarter of the Northwest Quarter, Sectio 14, Township 7 South, Range 87 West of the Sixth Priniepal Meridian, described as f'ollowst; Beginning at a point on the East line of said SEhNW14 whence the North Quarter Corner of said Section 14 bears N. 0.27' E., 1,488.3 feet, thence S. 0"27' W., 346.1 feet along East line of Said SEhNWh; thence N. 87°48' W., 241.3 feet/ thence N. 26°27' E., 156.7.,. feet; thence N. 41°31' E. 262.5 feet to the point or beginning, containing 1.06 acres, more or lase. (Eagle County) HI4OY'IF S ? axvl3(I 20699 Si'6 EOE.Q, nZ:9T 18/t1 ii 11/14/94 16:18 $303 945 8902 DELANEV&BALCOMB • ImmmingEMB 3441 fr .M�..��..j aa.wO 1x.•12 9•Mla 9.•1 `r,1 r•p...ggad w•n••m— P M a!Y••••i•I•lit fiaan AINVIP!VM 'Of •'ht tiaat'unlxnddl ray hs.vmclipar'q o.p Timm'evt1maxd paup7!raq anogc *in 0l pr U '1v'dl;naa xo MN n! .sigh 'grad 1•-' I a'0 la A 112d IP'a 210 10 Ja' 1' Ia puamap pnv ngeli •y2ualup 'a19!1'14M'.' Y+a awl IP Dia :Jaa.a47 .quusd putt lonni -nu. 'canpu!nmaa pun aopulnmas 'auopsanas pun uolosanna ail pun 'alu!up quoddv pgp.rdu. up as 'mulauotan vlmagl cuuuavalrrdde- pun •vtuauo1lpuvy o41 n:lnrulu puu•tly 911"1 9m11.1,369J. -sploas 44nn•3•a1,11Cq..244 30 LSI a9r.1 .71P:54I atPPg UT 949Lb -0M wamnooa ss papxoaax aua]n.T a .ea]e]S,Pa]Tun Uu] 4q.paAiaso1 s•(urouju, adunxa • . ..• -' ;um 1.14:101r•po..4nnsasuu� nou nr snuTT .auo9ldala •ellms.uayp3?p •`PPso7. JPT ,Lsrt.J)-9 t1 T1 o] aUa(gi75 .•o&; k4t.toT3d 1131.21 `•A£ ;100rM •moo; `o903otoD ,S44unor) p -10171 -FD •193 17n10-.1,TT74Ta a.pl aq] ❑T LLT "H go]Ta .T -j4 •ga7FU t{o:a1p xoa Lno0 d7Innon•eramov, aq1 pur ``-QSS -opj l4TzoT3d.tT3?.n `R£ -oN 103.=70Ta.7022M'203. 40pr1010o `.C1una•D•piaT3lu`) 103 4.009']0T7]9TQ a113 •3o'eeaaJa[I•eq1 .aT COC 'DN. ea191311a7S %uTe4 '2 '01.4.1ToAlesol'.B U1adS uoA e1/3 =Svc PW 660 `0N00T7T10T=4. q]TA 'sF, 'ON a0T4•46T0 10auM .1.O3 •Up2a010n `Itlunop s03•01no0. aoTuaTa Uqa }u e.i.7Yoap u44 uF o • -uN •a1n4=n11S )30-[a9 `I '0N aTonaasall 851xTzds UOA'•otp.• '.9ioaTQ Kaa30 .xaaIf03.sxa]sM.:A 3Ta sxe]>3M'agT: :Z putt ( 's°N.eo403Ft)'67Iu1pm a1I • •=2upnollo3 aq= '110T4v4TuFT IQ £PH dq•aou ' 2TPn17uT . `=PIII'T `ponT3o-•ap-n 4n• all .niTA VVOT3Udmal03 uS Paen :10 uy. auuuu. a tddr .cagAT= 77)4cn pup 9'31:p LP puv 0.7..0A106011 put Uuqu p ..Ytz.T1T^ �gaaRoy. 1.I.3 "919'697.36 •10eM /!,a8ary `yang L dpgsunoy '£ uP?aaaS ;o.q was E s]09 Pus :-y uolzotE 3o 5 put 'W'J 939 aq] 30 483Pl LB n$' 11 4.142n9S 9. dlusor oS uT TIE : SE uolloo5 40 00(1 .11413 aqx `liMNAMN aqa .bE 10T400g 30 €3 -43 par .`IiMS 'Voris 'OM1 13N .eq1 noTaUaS U44 pue 195}35 agx''at' asaxaau1 (T()' .;1u14-eu0 papgA'Tpun W.. PT3I3sof.J • m0k "0pexutu7Iv''1S Pw Pun aite3 70•.x9anop Inn ildtnq py. Aul6p'•lanity 'PVQL 30 'loam r') Zvi pul!.0U4 9ubropaj I 1 1pt! .nmoz salmi puv crlay •}•vJ laa nq1 io . L:atad ppas a4i qan *mamma pun Slum ,nun 'u!atr•q asup aluaanld an.p Rq pun •po6enu02 Y pp.r •yaw.qu.ap y.quma Seg 'posprpnoU'pae pun pvlwlaoa dgalaq h soaroylr 91:11aaaa asp '9avd puoaao atm Y. &lava ppm aro Iq p!•d rm.! ti! tad TM.; mil la .C}tad ppm ay% . 3apiKR1)01 9meT421apTa00a l4FnICA ['ur'pm0o aaq]O pna aav440(1 u ay to run .11 jo vol9uKnortl tri FUN ..uT 7aad.�ulF mf# P . "'•t ind p{vo aTp=vgS'A.L9S6$N1.1M :4a11 Prow' aqi So 'np* tluJ Ia e1nq Pa. •, aT$eg =u ellvaort 2y1 30 113nN3d 'Y HE118 ! put Ina 9o11S'47 30 . G��i r,•ap.ao[o0 ,,To wing pug . 'U'(Sir.3 3o daunnp r.p Zr 1/E1 I3 ; •1111 NIVIcca ullt • t. LEV • gPae1J 'H3QN33 'V ILLC111 .tee marum '3 Q'1oa?N Sa Anp 1:14 fp2 21492P.Nq £433Q SIuj, • au{u°">r •a ii .696STI nH "4"-'11 . L096t7e f/ ' m0E triAa8>3a tial 1Z 1t* v yl �d �00t't . , Zai vt p•Maava 9117 l[oog. •Saproaau'etre gdogg 'eTZ:I •tG6t `� SLS 'Ll•V ['9 Ta PaPaoaag • 002 11/14/94 16:18 ✓8`303 945 8902 DELANEY&BALCOMB ill Tae 1..3343° 1mu11 111 I d FlVd'•' T% �t • 72•"/x• t�„�udbP!�• i' ? capes 'r`V- gxt1U paa .xpued -a pTo1up, dr • 1w ., * 'pa`y.a. p41Y4m(J7 4.viannm gvl'au10%.101'%L :• •i r_ Sb 4aaao '.•oaV9t0'm0 d0 3iYIS xa as y,•• 9nx ...-- pa7%,{.�/ .'.. isl'w.+.al1 341 111.rnAuima Tam papa. 1,00.s •ualllaaa OA0gn.lra!3 a.3[ 113. Lam, 341 15.. Pug • ua0aaq • guy 11.1;4111 O9 it.; 5 . A., Yvd plan 0q1 !,do;111511 M 9SHNLi!A1 Hl a rt14Y IrTyl18VA1 MA Pm iSnot yid 7rr111 010 10 A lava p,va aria •10aaa,4 1a.,1 ;; '1'1412 Au"S11a1 =Wad 29 uovrad iaana purr t1. 1slu v aulllau4.p,b Q111;410,4 • ppr ran to uoawaa44a olg4va4od µau lamb 41.41 n1 r,rlutald p3an19aaq vaoqu slip pus • u0aooa al.lua au, pal4 . r„ytusi,sl 10 4aamugmnau0 pug O1pamyNppv 'uavl •4va11 'supra 4u11alliq '.pu11.44 a..yfo pu4 aoWlOT Ra mai ante • 'Piovaa0� Aa u1io7 pu. aauvYlll m o4aw 4qa Pram.. pus 1L 'ul.aaaq lulus prnr awl via Bum wit i Pu n a a3,1u11.m %aI :o QM= vlgplo.lap 4 p11og1gt+ in/Wit Purr a {[: ka!' Pao! a ay Pv Oltlmlo oaj 1 'Arm! "1 _.4 'padanuoa .iLaqu .o4tmala;.g1 psalo. nue.q 9T Belueonld .aayp Fry sierpiqr upd Liv►hap Puo Sll.aa tud. ' �a 1 °� 1W 1114.4'avnitloa pro aatr8 w a4 puoarni av'suneaaa uaaw°mTA&�P°i1WiV .10 q1,n Owl i 41 �.a it put garrlaq 7u..1>f ay.ur+<a •' 4p r vrr *nut 3Pq 7 P Vl d v10 .41p,r p aad 14234 2 10 • Lana plea yad ,4311 SRI S0 pC alR1 w •41 poi LOA T u ata m4av PI” ail criO11 11.L (NV aaAYB 01. pq1 olua"m,nuDla.Qda 4q1 qui 'PagF*rislP Pao p4.1u31vq oa0q 1 _. . 4541,1 8Ti1 )OO C>_3] 003 T00� • • DELANEY & BALCOMB, P.C. ATTORNEYS AT LAW DRAWER 790 • GLENWOOD SPRINGS, COLORADO 81802 TELEPHONE: (303) 545-6540 TELECOPFER: (343) 945-8902 Facsimile Transmission Note Date: II/zoJ Number of pages (including this cover sheet): To: FAX #: qy s- — '7•'71S From: In case of a problem, call at (303) 995-6546. DELANEY & BALCOMB, F.C. TELECOPIER NUMBER IS: {303) 9458902. IF CHECKED, PLEASE CALL TO CONFIRM RECEIPT OF THIS FAX TRANSMISSION. Additional instructions/comments: C7141-41- 4-' onks/ rtte-,(1 .1/2 /) 481 /(P (Ike A-3 4.) C' �7 THIS FACSIMILE TRANSMISSION IS CONFIDENTIAL! The information contained in this facsimile m■sesge i• protected by the ATTORNEY/CLIEN? ANA/OR THE ATTORNEY/w0°A PRORUCT PRIVILEGES. It is intended only far the use of the individual named above, and the privilege° are not waived by virtue of this having been sent by facsimile. If the person actually receiving this facsimile or any ether reader of the facsimile is not the named recipient, or the emplayoe or agent responsible to deliver it to tha named recipient, any use, di•eemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please iaas.diately notify us by telephone, and return the original message to us at the above eddrees via the U.S. Foetal Service. Thank you_ EINOD'IFH t13NVITI 2068 cfi6 COCA LT:9T f6ifT/TT Reerw(kd a+ It reecho., 4w, JD 457432 y- c,1t'1111 A1N1 11114:13 11fl Ifl E n. %ixde• chs 3rd da, o) JaMtnry . I,+ 94 "'N.'Sarah Lillian McNu1ty rAthe a('nvm.of GArfie1d ('rtloradngrammes). and Dr. Charles W. M. Restivo PO Box 1713 t x w449-vPrings, CO 81602 k and %tate of Recorder er' 4118881 479 1A$ 31!91 GARFIELD Strafe Doc. Fol of the t'iratny of Ga rt 1 e1(t and State of (rdrfrark+, grantrefsk w'IINE551.711.1 hat the premrwr.). for and in consit rat,nn of the .nm it. TEN AND NO/100 (S10.00 ) Dollars the receipt and sutf+c lens of which is berrtn ae#no ledged. ha S remised. released. sold and Q(rITCI.AIMEO and try three presents does remise. ukase. sell and Q( IITCI.AIM unto the gnMeelsk his heir, ssrttesstrs and assigns, forever. all the right. tick. interest. claim and demand which the grantor(%) ha 5 in and to the real property. agates with imlrms•mrrps. if anv. situate hong and 'snag in the County of Ga rf i e 1 d and Hale Cokes& dew -tilled as frrk.ws: Township 6 South, Range 87 West. fth P.M. Section 32: S1 S.E. 1 Section 33: SW } S.W. 1 Township 7 South, Range 87 West, 6th r.M. Section 4: Lot 4 Section 5: Lots 1 and 2 also known instreet and number as TO HAVE ANC) TO HOLD the same. together with all and singular the appurtenances and poi, lieges rhercunto hckonginj or in anywise thereunto appertaining. and all the estate. right. title. interest and claim whatsoever. of the grantortsl. either in law or equity, No the anis proper use. benefit and hehoof of the gnntrelsl 1 LS heirs and assigns forever. IN WfTNIS' N HEREOF, The granttxls) ha executed this deed on the date set forth above. C SarailTi Tan McNulty STATE OF COLORADO, Count of e;L(! SI, Is. The foregoing instrument was acknowledged before me this 3' O day of-a1(J-Nvu o.4• by S:.rt f, L t Iif tyl, 4.T Ml cornmission expires •if in T)enser, insert "City and". , 19'1 7 . W'itness my t( and and official seal. P Nddar and Addd•r of Mo ('mb NMr ('nw.d err Ilismirdsatf?r-14.10\ ('.ns1 Nn 913 Res. 6-02. III 'ttCIA IMDEED Rr,•tl••„I P,,hl„h,nv I •I. WAter \i !Merv.. -r f d d .i"n,` , lrI li ,V • 99 August 9:9, 1994 TO: (.airfield County Contluis5ioners fells Subdivision Application • WE, '111E UNDERSIGNED, own ranch pIoperties comprising approximately &)O° acres (see Exhibit A) either adjacent to or within one -utile of the proposed fells Subdivision being reviewed by the Garfield County Commissioners 011 August 15, 1994. We strongly feel the above mentioned proposed subdivision hoses a grossly inappropriate � -bale a :► I f lication of the exemption process and should either be denied of subjected to strict controls applicable to otter subdivisions of land which do not benefit h 0111 the exemption. The Shippee's Diaw Valley is a natural, beautillil valley corridor enjoyed I_ -►V many residents ()fund visitors to Garfield County who use the Cottonwood Pass Road. 1 his 89 acre parcel is very important, along with adjoining lauds, in liest ving the continuity of the historic ranching character of this arca, Therefore, special should be given to development impacts. We Feel it is inappropriate land -use planning to allow smaller lots 01'2.7 acres, 4.7acres 1 uung tol:Ilillarea,and 7.1 aaies to be created in a remote, rural, which is 10 miles from 1ligltway 82, and Whete most parcels are curl evilly at least 35 acres or larger. We feel that such a close cuncentiatiuil of structures and 1►o(enlial collection of vehicles and equipment around said structures could fote\-er ruin the unique, rustic C1liarae(er Of 11115 beililtiftll arca. (Please review Wliilt ilii i flit ► died act(►ss 100 Road lion► LacI Hughes when lour small lois were created. 1 his is impacting all ililpodattt entrance to the h'liSSourl Heights area.) 1S now 1 • • If this out.-orslttte owner/developer is allowed an open-ended privilege to reap pru(ils li'otn the exemption process Ivilhout normal subdivision controls, the remainder of we properly owners wlto truly etre ab nit the long-lcun lUlure of this area could suffer from decreased desirability and value ofpur properties. Doc to its disl;utce from ocliwoud Springs (approximately 18 inilrs) and tiorn other subdivisions will! cumptuttbly sired lots, Cattle Creek and 112 Road (approximately i utiles), Garfield County will be taxed to deliver police, lire, and school taus s(arvi;.:e to this remote subdivision tit a cost which may be borne uneduitably by other t_iartield County tax payers. 11'e' strongly urge the Commissioners to deny this application and to consider repealing or amending the subdivision exemption process in Liatlield County to prevent potential future misuse of the county's rural lands. L1 you feel this application cannot be denied for any substantial reason, we request that you at least take action including but not limited to the following: I. Require this subdivision to comply wills all the requirements of a non-exempt subdivision. ). Requite building envelopes to be designated ill Ioctttions wllere structures It a: t intpaet the visual character of the public road corridor and adjacent ranch pt overlies. j. Require reasonable landscape screening of all structures from the public toad corridor and adjacent ranch properties, 4. Require access driveway design to comply villi county specifications and require bonded revegetation of all cut and fill slopes. 5. Require the subdivision to be reviewed by the County health Department, lite Department, School I_)isltict, . outtiy Roads, County Sheriff, the Colorado Department of Wildlife and any other appropriate governmental agency assigned to protect the public weItale, the wildlife habitat and the county taxpayers. f.. Requite Homeowners Covenants which are designed to protect the visual mid environm.cttlnl character of this area. All of the points should be reviewed by the County Planner and forwarded with a positive recommendation before this subdivision receives approval from the Commissioners. tissioners. 2 • • We 1►opc 11 ul vt►u ua ,our elected rel►restluntiven, will Illl;tt out vuUrrllls nod I Ci 111C! t' SQI iut1!111' nod I1i111 you will tt.Ike IIID occ:t's!:1u y t1CIlot1 10 l'ro(t u1 our veslt'd I)Iu1)Ullj' illlt•►csl Iic.►lu uunec:cssllry ncl;ntivt'. 11111111ti;. Irt,lu a tita'Clu1>1'1' looking to ninke Buick hlk)lll and I•ellVlllp, t13 will► II►e. Vutlsctlue11rr9, 1llunk you, Cr l (( r3Y fie.) -i C-t.0L-, N S t_ h/\-> 1 lc. 1/ \L;_ 4J, 1:So crhoit (V1L,SC &)1K ►1-a--`) Siltueit.'Iy you'", e,0 1111t:s tiittl 11enslcy Pv(lsun t t.:t'ul{�r 'reek Valley RRuin.Ii, l.ttl, 2_00v /-)/ % r i %)'t .I;1jll;•s - (.:uttll3 tied: Itnnt'I► c \'fa_itly tv1 I Iult.y - Iv1.rlAully K;Inrll 41<ier-A •1't ukl i Ped - Rauch ('linc;aolu `YUli,;IIu .leiy cltx;ai'nr, U L Vtalt ltnl�clt Sue A. 1tcidyet.'s %cc 7,0°' D0 44 0 �b0 • ROBERT DELANEY KENNETH BALCOMB (OF COUNSEL) JOHN A. THULSON EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN ROBERT M. NOONE DELANEY 8C BALCOMB, P.. ATTORNEYS AT LAW DRAWER 790 GLENWOOD SPRINGS, COLORADO 81602 November 2, 1994 818 COLORADO AVENUE 1994 TELEPHONE. 945,154F • TELECOPIER 945-892 -{ y, ` AREA CODE 303 TIMOTHY A. THULSON MARGARET O'DONNELL LORI J.M. SATTERFIELD Dwight Whitehead Division of Water Resources Water Division No. 5 P.O. Box 396 Glenwood Springs, CO 81602 RE: Petts/Holmes Subdivision Exemption Application Dear Dwight: Thank you for taking the time on October 26, 1994 to discuss your understanding of the water -supply plan for the above - referenced application. You informed me that the State Engineer has awarded Petts/Holmes two exempt well permits to serve all the lands within the contemplated exempt development. After again reviewing the sketch plan Petts/Holmes provided you, you believe Petts/Holmes' intent is to "cash in" permit no. 169139 for three household -only -use well permits to serve Lots 1, 2, and 3, and to retain permit no. 176755 to serve lots 4 and 5. On behalf of several other landowners and water users in the vicinity of the proposed Petts/Holmes subdivision exemption, we submit that an augmentation plan -- not exempt wells -- is required for that project. Section 37-92-602(6) provides: It is hereby declared to be the policy of the state of Colorado that the exemptions set forth in this section are intended to allow the citizens to obtain a water supply in less densely populated areas for in- house and domestic animal uses where other water supplies are not available. It is not the intent that these wells be used to cause material injury to prior vested water rights, and, wherever possible, persons seeking the use of such individual wells may be required to develop plans for augmentation pursuant to section 37-92-302 or to develop other replacement plans acceptable to the state engineer. (Emphasis added.) • • Dwight Whitehead November 2, 1994 Page 2 For the Petts/Holmes' water -supply plan to be consistent with this clear expression of state policy, the exempt permits should have been approved only if other water supplies were not available. The Petts/Holmes lands are located entirely within the Basalt Water Conservancy District's service area. Accord- ingly, we submit that not only are Petts/Holmes statutorily precluded from receiving permits for exempt wells, but also that section 37-92-602(6) requires development and adjudication of an augmentation plan before the offices of the Division and State Engineers approve the water -supply plan for the Petts/Holmes subdivision exemption. We believe that the County Commissioners will next consider the Petts/Holmes subdivision exemption application on November 21, 1994. In light of the express statutory policy supporting the exempt -well process, we ask the Division of Water Resources to inform the County Commissioners that Petts/Holmes must obtain a contract with the Basalt Water Conservancy District and/or adjudicate an augmentation plan before the Division of Water Resources will approve a water supply for the Petts/Holmes' subdivision exemption. Thank you for your consideration of this request. Please advise me regarding how the Division intends to proceed. Very truly yours, DELANEY & BALCOMB, By LS:tb xc: Dave Michaelson Trudi Peet Wendy McNulty Dr. C.W.M. Restivo Loxia. M. Satterfield i • OFFICE OF THE STATE ENGINEERS17‘ r ' , ° ` S�' �, ! S .oF cow Division of Water Resources a ` Department of Natural Resources STATE OF COLORADO � ,�' • 1313 Sherman Street, Room 818 � `�' "" Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 November 2, 1994 Mr. Dave Michaelson, Planner Garfield County Building u;ding aid Planning g 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer RE: Petts Exemption NE'/, NW'/a, Section 4, T7S and SE'%, SW'/a, Section 33, T6S, R87W, 6th P.M. Water Division 5, Water District 38 Dear Dave: Thank you for the referral for the Petts Exemption located approximately seven miles northeast from Carbondale. The applicant is requesting an exemption to split an 89.4 acre parcel into four parcels of 72.6, 7.5, 6.7 and 2.6 acres each. The proposed water service is from two exempt wells. A review of our files indicates there are two valid permits - Permit 169139, issued March 25, 1993 as the only well on 48.25 acres for use in up to three single family dwellings; and Permit 176755, issued March 11, 1994 as the only well on 40.212 acres, also for use in up to three single family dwellings. It is unclear from the County submittal if the four lots created as a result of this exemption will be able to be served by these two wells. These two wells may be used for this project only if the terms and conditions as approved on the twu hermit, ace adhered. Copies of the two permits and supporting maps are enclosed for your reference. If you are unable to discern the adequacy of the permits relative to this project, please do not hesitate to contact me with your questions. Sincerely, Juidy Saps ington Water Resources Engineer cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner Form No. (WS -''5 APPLICANT OFFICE OF THE •TE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (3'3) 863-3381 • 894 WELL PERMIT NUMBER 1767515 DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: ROBERT PETTS & CATHLEEN HOLMES % ROBERT HOLMES 0188 ROUNDTREE RD RIFLE CO 81650 ( 303) 625-0851 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NW 1/4 Twp 7 S RANGE 87 DISTANCES FROM SECTION 10 Ft. from North 3500 Ft. from East Section 4 W 6th P.M. LINES Section Line Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf1TONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40.212 acres described as that portion of the NW 1/4 of Sec. 4, Twp. 7 South, Rng. 87 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit 'A'. 4) The use of ground water from this well is limited to ordinary household purposes inside three (3) single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches, and the irrigation of not over one (1) acre of home gardens and lawns. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. 16-1Y APPROVED -- APPROVED JD2 ild State Engineer Receipt No. 0365482 DATE ISSUED MAR 11 1994 Sy V P EXPIRATION DATE MAR 11 1996 • REW .,._ �(% FEB 1 ? '9 0S9 Recorded at /�1! ctu<•k 7 M :• ; t t '' eo11K 855 :ct ReceprMn;Nu. 4 3.i A • .f�S 4J corder.. _- _____ .__-._.__- ... ----_.--..tis-- �..._......._ -___ WARRANTY DEED t-` TIIIS DEED, Made this 12th day of February 19 93 , between Marvin L. Fender and Roberta B. Fender of the •County of Eagle and StatcofColorado,gramor,and Robert F. Potts and Cathleen E. Holmes, as joint tenants FEB 18 1993 GARFIEL D State Doc. Foa $ whose legal address Is 130 Ridge Road, West Milford, New Jersey 07480 New Jersey of the County of and State of3OUGxxdo, grantees: WITNESS. that the grantor, for and in consideration of the sum of ONE HUNDRED AND FIFTEEN THOUSAND AND N0/100--($115,000.00)---- -- ---- DOLLARS. the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed. and by these presents does grant, bargain. sell, convey and confirm unto the grantees, their heirs and assigns forever. not in tenancy in common but in joint tenancy, all the real property, together with improvements, If any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: A parcel of land located in Garfield County Colorado described as follows: Section 4: Township 7 South. Range 87 West of the Sixth Principal Meridian Lot 3. Section 33: Township 6 South. Range 87 West of the: Sixth Principal Meridian, SE1/4SW1/4, and that Part of the W1/2SW1/4SE1/4 which is located in Garfield County; and all that Part of the W1/2SW1/4NW1/4SE1/4 which lien Westerly of the County Road. Right of Way and which is alsoknownbystrectandnumbcru located in Garfield County. ***,'(see water rights below) TOGETIIER with all and singular the hereditaments and appurtenances thereunto belonging. or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all tie estate. right, tide. interest. claim and demand whatsoever of thc grantor, either In law or equity, of, In and to the above bargained premises, with the hcrcditamcnu and appurtenances. TO IIAVE AND TO IIOLD the uid premises above bargained and described, with the appurtenances, unto the grantees. their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant. grant. bargain and agree to and with the grantees, their heirs and assigns, that at thc time of the enscaling and delivery of these presents, he 1s well seized of the premises above conveyed. has good, sure. perfect. absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right. full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid. and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbtances and restrictions of whatever kind or nature soever, except Those easements reservations. restrictions and other matters of record, AND EXCEPT general real estate taxes for 1993 and subsequent years which, after adjustment and proration as of the day hereof, Grantees assume and agree to pay. The grantor shall and will WARRANT AND FOREVER DEFEND the above.bargained premises In the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include thc plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WIIEREOF the grantor' has executed this deed on the date set forth: above. *** including .7 cfs from Water Ditch #116A, Priority #167A title of which islnot LN L. FENDER ROI3ERTA B. FENDER STATE OF COLORADO 8f. County of Eagle The foregoing inslrvnenl was p.s nnwkdgcd before me this 12th by Marvin L. Fc�i. on Roberta B. Fender ILY!. Ft G1. c.4 •If In lkavcr, Inert "Cay and." included under warranties of deed. day of February Witne*a my hand and u(Ilclal s5ul. 1 My Cummbsian c.pis. . t:Al •1993 a. 921A. Rev. 3.95. WARRANTY oer:u IT. J.*.l T....r.1 IANIYTaw .. /-Ifellfn'7% e,..tr d ruhliahb,a. 1743 W.e.. Si., Mower. CO 80202 —(30:1) 202.2300 — 401 ML- L��as3a sir 4 • ,<;.=25 APPLICANT OFFICE OF THATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 •(303) 866-3581 • 894 WELL PERMIT NUMBER 169139 DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: MARVIN L & ROBERTA B FENDER 2158 UPPER CATTLE CR RD CARBONDALE CO 81623 APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SW 1/4 Section 33 Twp 6 S RANGE 87 W 6th P.M. DISTANCES FROM SECTION LINES ( 303)963-3277 500 Ft. from South Section Line 2030 Ft. from West Section Line PERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf nONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3) (b) (II) (A) as the only well on a tract of land of 48.25 acres described as that portion of the SE 1/4 of the SW 1/4 of Sec. 33, and that portion of the W 1/2 of the SE 1/4 of Sec. 33, all in Twp. 6 South, Rng. 87 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit A. 4) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on a farm or ranch, and the irrigation of not over one (1) acre of home gardens and lawns. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the wellmust be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. 3 -ay -q3 Pursuant to Policy Memorandum 93-4, condition #4 is changed to 'The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the irrigation of not more than one (1) acre of horne gardens and lawns, and the watering of poultry, domestic animals, and livestock on a farm or ranch." 1) 3 -i6 -9L1 `/ APPROVED JD2 State Engineer Receipt No. 0349574 DATE ISSUED MAR 2 5 1993 By EXPIRATION DATE MAR 2 5 1995 1. Name of Insured: MARVIN L. FENDER AND ROBERTA B. FENDER 2. The estate or interest in the land de,,criberl herein LL The est : r-itere.sE referred P.i.J : ve.21.ed .MARVIN L. FENDER AND ROBERTA •E dOINT The ;and referred to in this policy is described as folic," Parcel of land located in Garfieid•County Described as follows: LJN 4: Township 7 South, Range 87 West of the.6th P,M. LOT 1. Township 6 th, Range the 6th P.M. SE14.SW3:i, anc. 'rt of T '.,i`;,4SE3,-4 which is located in Garfie.P Cothlty‘ oart of the W1/2SwkNW1/4SE1/4 t) H7 • ' DIATY GA.: -ATE DF COLORADO ExA •TuNc1..17c. 0 1; `,7? 5c4 33 per - • • • 1 I WOULD LIKE TO REVIEW A FEW OF THE ISSUES BROUGHT UP AT OUR LAST MEETING. THIS IS REGARDING TOY WERE SHOWN ON PROPERTIES ON 113 ROAD. I HAVE SOMEHOTOS HERE OF MY HOME ON MISSOURI HEIGHTS AND MY SISTERS HOME. THERE IS CLEARLY NO SIMILARITY BETWEEN OURS AND THE PROPERTIES YOU WERE SHOWN IN YOUR LAST MEETING.ISSUE BROUGHT UP WAS CONCERNING TAXES. AT TT!E�'Z 3TRENT GARFIELD COUNTY MILL LEVY OF 1%, TAXES ON THIS PROPERTY ARE APPROXIMATELY $13.00 PEP YEAR. ASSUMING YOU HAVE A HOME AND A LOT WORTH $150,000.00 YOU WOULD BE TAXED AT $1,500.00 PER LOT OR $4,500:00 PER YEAR. THEREFORE, YOU ARE CREATING TAX PAYERS TO OFFSET ANY ADDITIONAL COST TO THE COUNTY. 04jD I AM GOING TO BUILD AEWAY TO MY BUILDING SITE OVER THE DIKE OF THE POND, THERE CREATING EASY ACCESS FOR FIRE aRnTFCTIOu. THE REAL ISSUE HERE IS WHETHER THIS PROP IS SUITABLE FOR BUILDING SITES. I FEEL IT IS FOR NUMEROUS REASONS. NONE OF THESE ARE WITHIN WET LAND, AGRICULTURAL OR RIPARIAN AREAS. THEY ARE ALL CLOSE TO THE COUNS1k6ERAD AND ALL UTILITIES AND ARE SERVED BY THE ROARING FORK DISTRICT BUS SERVICE WHICH ALREADY SER`JICES THIS AREA. ALTHOUGH THESE LOTS ARE ZONE AGRICULTURAL, THEY ARE NOT SUITABLE FOR THESE PURPOSES AS THERE IS NO IRRIGATION WATER AND THEY ARE TWO SEPARATED PARCELS. YET, THEY ARE IDEAL FOR HOME SITES. I HAVE LIVED HERE TWENTY YEARS THIS OCTOF'ER. WE HAVE ALL SEEN M"':' C ----ES IN THE ROARING FORK VALLEY. THERE IS A NEED FOR PROPER IES OF THIS SIZE AND IN THIS LOWER END PRICE RANGE. AS PROVEN BY THE MANY—L-07=-0110 HAVE ALREADY Ste--` INTEREST IN PURCHASING THESE LOTS. THERE ARE NUMEROUS LOTS OF THIS SIZE AND SMALLER WITHIN A FIVE MILE RADIUS OF THESE PROPERTIES. THERE ARE THREE FIVE ACRE LOTS LESS THAN 1/2 MILE UP CATTLE CREEK ROAD OF WHICH ONE HAS ALREADY BEEN SOLD. PEOPLE WHO ARE OBJECTING TO THIS LOT SPLIT ARE DOI O STRICTLY ON A PSYCHOLOGICAL BASIS RATHER THAN THEVCT 4. THEY WILL EXPERIENCE. - r • : •• — -- Atualtatmit—rnmelizosT OF THEHEOMF:S ARE /10c.S MILES AWAY. 1-' 1 THE ONLY PERSON WHOSE HOME IS CE FROM THESE LOTS IS A PART TIME RESIDENT. THE IMPACT WILL BE NEGLIGIBLE DUDE TO THE FACT THAT THERE WILL BE ONLY THREE LOTS. THE LOT SIZES ARE SEVEN, SIX AND TWO PLUS ACRES. WE ARE NOT TALKING ABOUT A BLUE LAKE SUBDIVISION. t c iyN, 60DX 7 Si fb'&S ql(s.14-k FoAN\_ (ett,)a,( • • CARBONDALE & RURAL FIRE PROTECTION DISTRICT 300 MEADWOOD DRIVE CARBONDALE, COLORADO 81623 303-963-2491 INCIDENT REPORT 6-15-94 On June 15,1994, the Carbondale Fire District responded to a call of a possible brushfire near 5454 County Road 113. The district responded with one engine and one tanker truck, and a crew of 9 personnel. Upon arrival, we encountered a small fire near the roadside consisting of several logs, grasses and sagebrush. The fire department knocked down the fire and started overhaul procedures. A local pond was used to draft water from and shuttled to the fire with the tanker truck. The fire department spent approximately 1.5 hours overhauling the fire and used approximately 4000 gallons of water to extinguish the fire. Tifully submitted, Rob Goodwin Assistant District Chief Robert F. Petts Cathleen E. Holmes 130 Ridge Rd. West Milford, N.J. 07480 August 8, 1994. County of Garfield Glenwood Springs, Co. 81601 To Whom it may concern: We authorize Robert Holmes of 0188 Round Tree Rd. Rifle, Co. to represent us, and^act on our behalf in reference to property exemption application at the meeting of the Garfield County board of commissioners. Sincerely, ,Robert F. F. Pe�ts Cathleen E. Holmes ( R ‘, 1 - / 1 , • • ) / r/4 t'h —1, • • 1 c/j 7 • \ k I \ • • 00P.! / • "V- -a tr. / y 1 1 iik • /,, :- , \ ' iti , I 1 , ..,4 4d PALA V\S• ;•,:',/ , 1,1 'k., .2 ,7 \ • 10, , .....: :, ,:.' a • -11-- - ''.\ ' ii 1 0 \', \ . •' - / - - A .11 ez 4 : i ( f '11 \ I ) 1 t I 11 )1 J a (\j 7-67§eri, ( I 1 1)./ ") //// • - 4, l< \ ,;:1,11).• LI .6i / / ( / 1 \ / 'JI 4. • • August. 9, 1994 TO: Garfield County Commissioners 1th • f'etts Subdivision Application AVE, TILE UNDERSIGNED, own ranch properties comprising approximately 5000 acres (see Exhibit A) either adjacent to or within one -utile of' the proposed Petts Subdivision being reviewed by the Garfield County Commissioners on August 15,E 1994. We strongly feel the above mentioned proposed subdivision poses a grossly inappropriate application of the exemption process and should either be denied or subjected to strict controls applicable to other subdivisions of land which do not benefit from the exemption. The Shippee's Draw Valley is a natural, beautiful valley corridor enjoyed by many residents of and visitors to Garfield County who use the Cottonwood Pass Road, This 89 acre parcel is very important, along with adjoining lands, in preserving the continuity of the historic ranching character of this area. Therefore, special attention should be given t0 development impacts. We feel it is inappropriate laud -use planning to allow smaller lots of 2.7 acres, 4.7 acres and 7.4 acres to be created in a remote, rural, ranching area, which is 10 utiles from highway 82, and where most parcels are currently at least 35 acres or Larger. We feel that such a dose concentration of structures and potential collection of vehicles and equipment around said structures could forever ruin the unique, rustic character of this beautiful area. (Please review what has happened across 100 Road from Lad Hughes when four small lots were created. This is now impacting an important. entrance to the Missouri Heights area.) • • If this out-of-state owner/developer is allowed an open-ended privilege to reap profits from the exemption process without normal subdivision controls, the remainder of we property owners who truly care about the long-term future of this area could suffer from decreased desirability and value of our properties. Due to its distance from Glenwood Springs (approximately 18 miles) and hour other subdivisions with comparably sized lots, Cattle Creek and 112 Road (approximately 6 miles), Garfield County will be taxed to deliver police, fire, and school bus service to this remote subdivision at a cost which may be borne unequitabiy by other Garfield County tax payers. Vv'e strongly urge the Commissioners to deny this application and to consider repealing or amending the subdivision exemption process in Garfield County to prevent potential future misuse of the county's rural lands. If you feel this application cannot be denied for any substantial reason, we request that you at least take action including but not limited to the following: 1. Require this subdivision to comply with all the requirements of a non-exempt subdivision. 2. Require building envelopes to be designated in locations where structures least impact the visual character of the public road corridor and adjacent ranch properties. 3. Require reasonable landscape screening of all structures from the public road corridor and adjacent ranch properties, 4. Require access driveway design to comply with county specifications and require bonded revegetation of all cut and till slopes. 5. Require the subdivision to be reviewed by the County Health Department, Fite Department, School District, County Roads, County Sheriff, the Colorado Department of Wildlife and any other appropriate governmental agency assigned to protect the public welfare, the wildlife habitat and the county taxpayers. 6. Require Homeowners Covenants which are designed to protect the visual and environmental character of this area. All of the points should be reviewed by the County Planner and forwarded with a positive recommendation before this subdivision receives approval from the Commissioners. 2 • Post -it- Fax Note 70 Date 8...,-72_ pagesfI TO..............7N.11\ 1771,14rj r From1::: Co /Dept Co.l'.47--00 FLPV•It-ii41 Phone # Phone # Fax # el z5--..., 114 4 Fax # 01115-_-1/S-X" We hope that you, ns onr elected representatives, will take out concerns and tetinests seriously and that yoliwill take the nCCCSSilly tteli011 to protect ktur vested proporty Interests from unnecessary negative impaels from a developer looking to nnike a quick inolit and leaving us witli the consequences' Thoid< you, 41-04 Sincerely you's. t'Arttt I I ./1 __CI: 4.4,0 rn- .1 imes and Hensley Pete' son (1 4 itIA t• 1,:oult _reek Valley Itlineh, Ltd. # es Williams - Cattle Creek 1&aneh Weatly McNulty - M.oNulty Ranch 'iftudl Peet - Rauch Minncwla li ant .1(,)y L / - C YSTAL RIVER RANCH Sue A. Rodgers ( 11 October 1994 P.C. Box 1713, Glenwood Springs, CO 81602 Garfield County Com:nisioners 109 8th Street, Suite 300, Glenwood Springs, CO 81601 Sirs, • x n r It has come to my attentions that Mr. Homes has made application for an exemption process immediately Wed oaf my property up Cottonwood Pass Road. I was never sent the appropriate Certified notification of this matter and request that the appropriate steps be takes by your office to fill me in on all of the details. For example, that is being proposed. Thank you for your help with this matter. Sincerely, (.'mk,0),1/e Dr. CWI.:1 Restivo cc: S. McNulty, T. Pete, J. Peter san, Giron.