HomeMy WebLinkAbout1.0 Applicationv
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JOSIAH G. HOLLAND 0900-1975)
STEPHEN H. HART
JOHN L.J. HART
WILLIAM D. EMBREE,JR
JAMES L.WHITE
PATRICK M.WESTFELDT
CLAUDE M.MAER,JR.
ROBERT P. DAVISON
JOHN FLEMING KELLY
FRANK H. MORISON
WILLIAM C. MCCLEARN
JAY W. TRACEY, JR.
BEN E.CHIDLAW
JAMES E.HEGARTY
FIELD C. BENTON
DAVID BUTLER
J. MICHAEL FARLEY
WARREN L. TOMLINSON
BRUCE T. BUELL
DON D. ETTER
JAMES T. MORAN
HARRY L.HOBSON
KENNETH D. HUBBARD
ROBERT L. VER SCHURE
GORDON G. GREINER
ROBERT H. DURHAM,JR.
WILLIAM E. MURANE
L. WILLIAM SCHM IDT, JR.
JAMES P. LINDSAY
EDWIN 5. KAHN
SAMUEL P. GUYTON
JOHN 5. CASTELLANO
DENNIS M. JACKSON
ROBERT E. BENSON
RICHARD M.KOON
CHARLES T. BRANDT
ROBERT T. CONNERY
HARADON BEATTY
ARTHUR C. DAILY
JEFFREY C. POND
JOHN UNDEM CARLSON
DAVID G. PALMER
MICHAEL D. MARTIN
BRUCE W. SATTLER
HOLLAND & IIART i 1
NOV 261976
GARFIELD CO, PLANNER
ATTORNEYS AT LAW
500 EQUITABLE BUILDING
730 SEVENTEENTH STREET
DENVER, COLORADO 80202
P. 0. BOX 8749
DENVER, COLORADO 80201
TELEPHONE AREA CODE 303 292-9200
CABLE ADDRESS HOLHART, DENVER
MOUNTAIN PLAZA BUILDING
P. 0. BOX 1128, ASPEN, COLORADO 81611
TELEPHONE 925-3476 AREA CODE 303
November 24, 1976
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, Colorado 81601
Gentlemen:
JACK L. SMITH
JOHN D.COOMBE
EUGENE F.MCGUIRE
SOLOMON N. BARON
THOMAS A, FAULKNER
ROBERT J. MOIR
MARK R. LEVY
R. BROOKE JACKSON
PAUL T. RUTTUM
BRITTON WHITE, JR.
WILEY E. MAYNE, JR.
GREGORY A, EURICH
CHRISTOPHER N. SOMMER
EDWARD M. GILES
BRITT CAROL ANDERSON
ALAN E. BOLES, JR.
GERALD W. GRANDEY
STEPHEN L. PEPPER
Re: O'Donnell/Schultz Exemption
THERESA W. DORSEY
KENDALL T. SANFORD
THOMAS E.GEBOW
JANE MICHAELS TALESNICK
5. WYATT McCALLIE
L.TYRONE HOLT
WILLIAM M. BURKE
ARTHUR B. FERGUSON, JR.
JAMES E. HARTLEY
JAMES E.BOICOURT
On behalf of our clients John C. O'Donnell and Larry
A. Schultz, we are presenting to you herewith a Petition
for Exemption from the terms "subdivision" and "subdivided
land", as currently defined in C.R.S. (1973) Section 30 -28-
101(10)(a) -(d) and the Garfield County Subdivision Regulations,
with respect to the proposed division of an existing 35
acre tract of land owned by Messrs. O'Donnell and Schultz
into three (3) parcels containing 14.5, 14.5 and 6.0 acres,
respectively. A copy of a draft Resolution is also enclosed
for your convenience, together with a check in the amount of
$56.00 to cover the review fee. In support of such applica-
tion, we hereby submit the following -described information
and materials:
1. Plat. Enclosed herewith and labeled "Exhibit A"
is a preliminary exemption plat of the subject property
prepared by Scarrow & Walker, Inc., which shows the boun-
daries of the three (3) proposed exemption parcels, the
existing County Road which adjoins each of such parcels,
the location of the existing single-family dwelling on the
6 acre parcel, and overlays the property with 5 foot
topographical contours.
2. Evidence of Ownership. Enclosed herewith and
labeled "Exhibit B" is a copy of a Chicago Title Insurance
Company owner's title policy issued under date of February
17, 1976, insuring fee simple title to the subject property
• HOLLAND & HART •
Garfield County Planning Department
Page Two
in the Petitioners, subject to several non -material
exceptions.
3. Zoning. The subject property is presently zoned
Agricultural/Residential/Rural Density, which permits the
subdivision of land into minimum 2 acre lots.
4. Protective Covenants. It is the intention of
Petitioners to impose certain restrictive covenants upon
each of the exemption parcels so as to permanently preserve
the quality and integrity of the subject 35 acres. A copy
of the draft Protective Covenants is enclosed herewith for
your review and designated "Exhibit C", and it should be
noted that because of the "one single-family dwelling plus
guest house" restriction, only two (2) new principal
homesites are being created within the entire 35 acres.
In addition, by virtue of the prohibition in the Covenants
against further subdivision of any of the parcels, each of
such parcels must necessarily in future be treated as an
integral tract of land for purposes of the subdivision,
zoning, and building permit regulations of Garfield County.
5. Access. As shown on the Exhibit A map, each of
the proposed exemption parcels abuts on the County
Road, and a driveway already exists across Dry Hollow
Creek to the house located on the 6 acre parcel. Access
to the other two (2) parcels will be provided either by
similar driveways directly off the County Road, or by
way of a common access drive commencing at the existing
road cut and continuing through the northernmost parcel
to its common boundary with the southernmost parcel.
6. Utilities.
(a) Electrical lines are already in place along
the adjoining County Road;
(b) Bottled gas will be used wherever it is
desired by the owner of a parcel;
(c) Water for the existing house is provided
by a well which presently produces a minimum of ten (10)
gallons per minute. A copy of a letter dated June 30,
1976, which contains the pertinent statistics on such
well as determined by Glenwood Pump Co., is enclosed
herewith for your review and designated "Exhibit D".
Petitioners intend to install a larger pump on the
existing well, together with an adequate underground
HOLLAND & HART •
Garfield County Planning Department
Page Three
storage tank, so as to be able to serve all three home -
sites from the same well;
(d) Enclosed herewith and labeled "Exhibit
E" is a copy of a June 22, 1976 letter prepared by Mr.
Feld of the Garfield County Environmental Health Depart-
ment, which states that the indicated types of on -lot
sewage disposal facilities are both feasible and
practical on the subject property so long as each lot
is at least 2 acres in size, and that such systems will
comply with both County and State regulations.
In light of the foregoing, it is respectfully sub-
mitted that the proposed land division is in accord with
the general purposes and intent of the subdivision regu-
lations of the State of Colorado and the County of Garfield,
that said division will in fact substantially reduce the
potential housing density in the area, and that it should
therefore be exempted from the relevant subdivision regu-
lations. After your office has had an opportunity to
consider the enclosed information, we would appreciate
being advised whether further data will be required in
order to place this Petition before the County Commissioners.
Thank you for your cooperation and assistance in
this matter.
Very truly yours,
Arthur C. Daily'
for HOLLAND &, HART
ACD:mm
Encls.
cc: Mr. John C. O'Donnell
Mr. Larry A. Schultz
• •D)LT1
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W RkIELD CO. MOO.
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 September 1, 1972
and amended April 14, 1975, Sections 1.02.17(d) and
3.02.01, the undersigned John C. O'Donnell and Larry
A. Schultz respectfully petition the Board of County
Commissioners of Garfield County, Colorado, to exempt
by resolution the division into three (3) parcels of a
thirty-five (35) acre tract of land situated in the
N1/2NW4. of Section 10, Township 7 South, Range 92 West
of the 6th P.M., more fully hereinafter described, from
the definitions of "subdivision" and "subdivided land"
as such terms are used and defined in C.R.S. (1973) Section
30-28-101(10)(a) and the Garfield County Subdivision
Regulations, for the reasons stated in the detailed
cover letter submitted herewith, which letter is
incorporated in this Petition by this reference. The
subject 35 acre tract is more particularly described
as follows:
A parcel of land situated in the N1/2NW,14 of
Section 10, Township 7 South, Range 92
West of the 6th P.M., Garfield County,
Colorado, lying Southerly of the Northerly
line of said Section 10 and Westerly of
the Westerly right of way fence of a
County Road as constructed and in place,
said parcel of land is described as follows:
Beginning at a point on the Northerly line
of said Section 10 whence the Section
Corner common to Sections 3, 4, 9 and 10
in said Township and Range bears: S.89°
20'42" W. 942.02 feet; thence N.89°20'42"
E. along the northerly line of said
Section 10, 1267.17 feet to a point on
said County Road right of way fence;
thence along said right of way fence S.
36°32'49" W. 231.03 feet; thence S.24°
• •
03'36" W. 157.16 feet; thence S.36°11'
52" W. 617.14 feet; thence S.28°16'53"
W. 269.28 feet; thence S.23°16'11" W.
123.65 feet; thence leaving said right
of way fence S.89°20'42" W. 1230.82 feet;
thence N.35°40'43" E. 103.11 feet; thence
N.17°10'52" E. 452.43 feet; thence N.27°
06'22" E. 201.85 feet; thence N.37°01'
25" E. 438.03 feet; thence N.49°52'42"
E. 204.91 feet to a point on the Northerly
line of said Section 10 the point of
beginning.
Submitted at Glenwood Springs, Colorado, this
day of November, 1976.
(C211
Join C. O'Donfiell, Petitioner
/
Larry AS�efiu".
z, Petition
AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY FORM B-1970
(Amended 10-17-70)
I
Q6 C05 04 04394 ��
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CHICAGO TITLEINSURANCE COlir;rzrMlM`
i,' FINER I
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN
SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF,
CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of
insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become
obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated
therein;
4
2. Any defect in or lien or encumbrance on such title; N
3. Lack of a right of access to and from the land; or ;1
g
4. Unmarketability of such title.
In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed
and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned
by an authorized signatory. _;
il
CHICAGO TITLE INSURANCE COMPANY
Issued by: By.
COLORADO V6/EST TITLE INSURANCE
COMPANY
818 Colorado Avenue, Suite 101 .. .,, 4
P. O. Box 925 j.. sr_�R
President.
3G103) 945-5545 enwood Springs, Colorado 81601 ` Jo\�tORPrF .. 1,
‘..7f, v
... :LF.,
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ATTEST:
Secretary.
IMPORTANT
This policy necessarily relates solely to the title as of the date of the policy. In order that a purchaser
of the real estate described herein may be insured against defects, liens or encumbrances, this policy
should be reissued in the name of such purchaser.
Copyright 1969 American Land Title Association
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning
ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land.
or regulating the character, dimensions or location of any improvement now or hereafter erected
on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area
of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise
of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed
or agreed to by the insured claimant; (b) not known to the Company and not shown by the
public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed in writing by the
insured claimant to the Company prior to the date such insured claimant became an insured
hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created
subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been
sustained if the insured claimant had paid value for the estate or interest insured by this policy.
r1
111
CONDITIONS AN
T. Definition of Terms
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to
any rights or defenses the Company may have had against the named
insured, those who succeed to the interest of such insured by operation
of law as distinguished from purchase including, but not limited to,
heirs, distributees, devisees, survivors, personal representatives, next of
kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage here•
under.
(c) "knowledge": actual knowledge, not constructive knowledge or
notice which may be imputed to an insured by reason of any public
records.
(d) "land": the land described, specifically or by reference in Schedule
A, and improvements affixed thereto which by law constitute real prop-
erty; provided, however, the term "land" does not include any property
beyond the lines of the area specifically described or referred to in
Schedule A, nor any right, title, interest, estate or easement in abutting
streets, roads, avenues, alleys, lanes, ways or waterways, but nothing
herein shall modify or limit the extent to which a right of access to
and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records": those records which by law impart constructive
notice of matters relating to said land.
2. Continuation of Insurance after Conveyance of Title
The coverage of this policy shall continue in force as of Date of
Policy in favor of an insured so long as such insured retains an estate
or interest in the land, or holds an indebtedness secured by a purchase
money mortgage given by a purchaser from such insured, or so long
as such insured shall have liability by reason of covenants of warranty
made by such insured in any transfer or conveyance of such estate or
interest; provided, however, this policy shall not continue in force in
favor of any purchaser from such insured of either said estate or
interest or the indebtedness secured by a purchase money mortgage
given to such insured.
3. Defense and Prosecution of Actions—Notice of Claim
to be given by an Insured Claimant
(a) The Company, at its own cost and without undue delay, shall
provide for the defense of an insured in all litigation consisting of
actions or proceedings commenced against such insured, or a defense
interposed against an insured in an action to enforce a contract for a
sale of the estate or interest in said land, to the extent that such litiga-
tion is founded upon an alleged defect, lien, encumbrance, or other
matter insured against by this policy.
(b) The insured shall notify the Company promptly in writing (i) in
case any action or proceeding is begun or defense is interposed as set
forth in (a) above, (ii) in case knowledge shall come to an insured
hereunder of any claim of title or interest which is adverse to the
title to the estate or interest, as insured, and which might cause loss
or damage for which the Company may be liable by virtue of this
policy, or (iii) if title to the estate or interest, as insured, is rejected as
unmarketable. If such prompt notice shall not be given to the Com-
pany, then as to such insured all liability of the Company shall cease
and terminate in regard to the matter or matters for which such
prompt notice is required; provided, however, that failure to notify
shall in no case prejudice the rights of any such insured under this
policy unless the Company shall be prejudiced by such failure and
then only to the extent of such prejudice.
(c) The Company shall have the right at its own cost to institute
and without undue delay prosecute any action or proceeding or to do
any other act which in its opinion may be necessary or desirable to
establish the title to the estate or interest as insured, and the Company
may take any appropriate action under the terms of this policy, whether
or not it shall be liable thereunder, and shall not thereby concede
liability or waive any provision of this policy.
(d) Whenever the Company shall have brought any action or inter-
posed a defense as required or permitted by the provisions of this
D STIPULATION•
policy, the Company may pursue any such litigation to final determi-
nation by a court of competent jurisdiction and expressly reserves the
right, in its sole discretion, to appeal from any adverse judgment or
order.
(e) In all cases where this policy permits or requires the Company
to prosecute or provide for the defense of any action or proceeding,
the insured hereunder shall secure to the Company the right to so
prosecute or provide defense in such action or proceeding, and all
appeals therein, and permit the Company to use, at its option, the name
of such insured for such purpose. Whenever requested by the Com-
pany, such insured shall give the Company all reasonable aid in any
such action or proceeding, in effecting settlement, securing evidence,
obtaining witnesses, or prosecuting or defending such action or pro-
ceeding, and the Company shall reimburse such insured for any
expense so incurred.
4. Notice of Loss—Limitation of Action
In addition to the notices required under paragraph 3(b) of these
Conditions and Stipulations, a statement in writing of any loss or dam-
age for which it is claimed the Company is liable under this policy
shall be furnished to the Company within 90 days after such loss or
damage shall have been determined and no right of action shall accrue
to an insured claimant until 30 days after such statement shall have
been furnished. Failure to furnish such statement of loss or damage
shall terminate any liability of the Company under this policy as to
such loss or damage.
5. Options to Pay or Otherwise Settle Claims
The Company shall have the option to pay or otherwise settle for
or in the name of an insured claimant any claim insured against or to
terminate all liability and obligations of the Company hereunder by
paying or tendering payment of the amount of insurance under this
policy together with any costs. attorneys' fees and expenses incurred
up to the time of such payment or tender of payment, by the insured
claimant and authorized by the Company.
6. Determination and Payment of Loss
(a) The liability of the Company under this policy shall in no case
exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A.
(b) The Company will pay, in addition to any loss insured against
by this policy, all costs imposed upon an insured in litigation carried
on by the Company for such insured, and all costs, attorneys' fees and
expenses in litigation carried on by such insured with the written
authorization of the Company.
(c) When liability has been definitely fixed in accordance with the
conditions of this policy, the loss or damage shall be payable within
30 days thereafter.
7. Limitation of Liability
No claim shall arise or be maintainable under this policy (a) if the
Company, after having received notice of an alleged defect, lien or
encumbrance insured against hereunder, by litigation or otherwise.
removes such defect, lien or encumbrance or establishes the title, as
insured, within a reasonable time after receipt of such notice; (b) in
the event of litigation until there has been a final determination by a
court of competent jurisdiction, and disposition of all appeals there-
from, adverse to the title, as insured, as provided in paragraph 3
hereof; or (c) for liability voluntarily assumed by an insured in settling
any claim or suit without prior written consent of the Company.
8. Reduction of Liability
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the insurance
pro tanto. No payment shall be made without producing this policy
for endorsement of such payment unless the policy be lost or destroyed.
in which case proof of such loss or destruction shall be furnished to
the satisfaction of the Company.
9. Liability Noncumulative
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay under
CONDITIONS AND STIPULATIONS (Continued on Reverse Side)
LO'JE ivao a
CONDITIONS AND STIPULATIONS Continued)
any policy insuring either (a) a mortgage shown or referred to in
Schedule B hereof which is a lien on the estate or interest covered by
this policy, or (b) a mortgage hereafter executed by an insured which
is a charge or lien on the estate or interest described or referred to in
Schedule A, and the amount so paid shall be deemed a payment under
this policy. The Company shall have the option to apply to the pay-
ment of any such mortgages any amount that otherwise would be pay-
able hereunder to the insured owner of the estate or interest covered
by this policy and the amount so paid shall be deemed a payment
under this policy to said insured owner.
10. Apportionment
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting
one or more of said parcels but not all, the loss shall be computed
and settled on a pro rata basis as if the amount of insurance under
this policy was divided pro rata as to the value on Date of Policy of
each separate parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has otherwise
been agreed upon as to each such parcel by the Company and the
insured at the time of the issuance of this policy and shown by an
express statement herein or by an endorsement attached hereto.
11. Subrogation Upon Payment or Settlement
Whenever the Company shall have settled a claim under this policy,
all right of subrogation shall vest in the Company unaffected by any
act of the insured claimant. The Company shall be subrogated to and
be entitled to all rights and remedies which such insured claimant
would have had against any person or property in respect to such
claim had this policy not been issued, and if requested by the Com-
pany, such insured claimant shall transfer to the Company all rights
and remedies against any person or property necessary in order to
perfect such right of subrogation and shall permit the Company to use
the name of such insured claimant in any transaction or litigation
involving such rights or remedies. If the payment does not cover the
loss of such insured claimant, the Company shall be subrogated to
such rights and remedies in the proportion which said payment bears
to the amount of said loss. If loss should result from any act of such
insured claimant, such act shall not void this policy, but the Com-
pany, in that event, shall be required to pay only that part of any losses
insured against hereunder which shall exceed the amount, if any, lost
to the Company by reason of the impairment of the right of subrogation.
12. Liability Limited to this Policy
This instrument together with all endorsements and other instru-
ments, if any, attached hereto by the Company is the entire policy and
contract betwezn the insured and the Company.
Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or any action asserting such claim, shall be restricted
to the provisions and conditions and stipulations of this policy.
No amendment of or endorsement to this policy can be made except
by writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
13. Notices, Where Sent
All notices required to he given the Company and any statement in
writing required to be furnished the Company shall be addressed to its
principal office at 111 West Washington Street, Chicago, Illinois 60602,
or at any branch office of the Company.
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American Land Title Association
2.
Number Date of Po!ity
06 005 04 04394
G-12-362-75
1. Name of Insured:
SCHEDULE A
February 17, 1976
1:22 P.M.
JOHN C. O'DONNELL and LARRY A. SCHULTZ
Amount of insurance
$42,000.00
2. The estate or interest in the land described herein and which is covered by this policy is:
Fee simple
3. The estate or interest referred to herein is at Date of Policy vested in the insured.
4. The land herein described is encumbered by the following mortgage or trust deed, and assignments:
and the mortgages or trust deeds, if any, shown in Schedule B hereof.
5. The land referred to in this policy is described as follows:
A parcel of land situated in the N2NW4 of Section 10, Township 7 South,
Range 92 West of the 6th P.M. lying Southerly of the Northerly line of
said Section 10 and Westerly of the Westerly right of way fence of a
County Road as constructed and in place, said parcel of land is described
as follows:
Beginning at a point on the Northerly line of said Section 10 whence the
Section Corner common to Sections 3, 4, 9 and 10 in said Township and
range bears: S. 89°20'42" W. 942.02 feet; thence N. 89°20'42" E. along
the northerly line of said Section 10, 1267.17 feet to a point on said
County Road right of way fence; thence along said right of way fence S.
36°32'49" W. 231.03 feet; thence S. 24°03'36" W. 157.16 feet; thence S.
36°11'52" W. 617.14 feet; thence S. 28°16'53" W. 269.28 feet; thence S.
23°16'11" W. 123.65 feet; thence leaving said right of way fence S.
89°20'42" W. 1230.82 feet; thence N. 35°40'43" E. 103.11 feet; thence N.
17°10'52" E. 452.43 feet; thence N. 27°06'22" E. 201.85 feet; thence N.
37°01'25" E. 438.03 feet; thence N. 49°52'42" E. 204.91 feet to a point
on the Northerly line of said Section 10 the point of beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
This policy valid only if Schedule B is attached.
•
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FORM n'
SCEM"J E 3
G-12-363-75
Policy Number 06 005 04 04394
Owners
This policy does not insure against loss or damage by reason of the following exceptions:
General Exceptions:
(1) Rights or claims of parties in possession not shown by the public records.
(2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an
accurate survey and inspection of the premises.
(3) Easements or claims of easements not shown by the public records.
(4) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
(5) Taxes or special assessments which are not shown as existing liens by the public records.
(6) Rights of Dower, homestead or other marital rights of the spouse, if any, of any individual insured.
Special Exceptions: The mortgage, if any, referred to in Item 4 of Schedule A.
(7) Reservations and exceptions contained in the United States Patent
to the described property.
(8) Undivided 3/4 interest in all minerals in Section 10 as reserved
by Wrn. R. Rees, Richard Rees and Quentin L. Rees in Warranty Deed
recorded as Document No. 222276 in Book 352 at Page 32.
(9) Undivided 1/48 interest in all oil, gas and other minerals in Section
10 as reserved by Brinkley B. Brown in Warranty Deed recorded as
Document No. 222277 in Book 352 at Page 35.
(10) An undivided 8/48 interest in all oil, gas and other minerals in
Section 10 as conveyed from G. Dewey Norell, et al, to Brinkley B.
Brown by Warranty Deed recorded as Document No. 233824 in Book 374
at Page 353.
(11) Wm. R. Rees conveyed all of his interest in oil, gas and other
minerals in Section 10 to Quenton Rees and Richard W. Rees by Quit
Claim Deed recorded as Document No. 257503 in Book 442 at Page 163.
(12) 1976 taxes, a lien, not yet due and payable.
signed
Aut rized S,fgna
Schedule B of this Policy consists of 1 pages.
EXHIBIT 13
As used in this Exhibit B, the term "Parcel" shall
be interpreted to mean each of the tracts shown and
designated on Exhibit A annexed hereto as numbers "1",
"2" and "3".
Protective Covenants
1. No permanent improvements shall be placed,
erected, or permitted to remain on any Parcel other
than one single-family dwelling house and the following
accessory buildings or structures:
(a) One guest or servant house;
(b) One attached or detached garage; and
(c) Barns or stables or other non-residential
buildings or structures other than a
garage.
Ire addition, no used or previously erected building
or structure shall ever be placed, erected or allowed to
remain on any Parcel.
2. All permanent improvements shall be set back a
minimum of 50 feet from all boundary lines of the Parcel
on which they are constructed, and the Parcel owner shall
make his best efforts, taking into consideration the
natural countours of the land, to locate such permanent
improvements so that they are not in clear view of existing
dwelling houses on other Parcels.
3. Each building or structure which is commenced on
any Parcel shall be entirely completed within 18 months
after commencement of construction.
4. No trailer home, mobile home or similar vehicle,
whether motorized or towed, and no temporary improvements
of any kind shall ever he placed, erected or allowed to
remain on any Parcel except for construction purposes and
then only during construction periods.
5. No part of any Parcel shall ever be occupied or
used for any commercial or business purpose (excluding
agricultural pursuits), nor for any noxious activity,
and nothing shall ever be undertaken or permitted that
is or might become a nuisance to the owner or owners of
any of the Parcels. Hunting, mining, or drilling for
substances within the earth (other than water) shall be
conclusively presumed to be nuisances within the meaning
of this paragraph, and shall be deemed strictly prohibited
hereby.
6. No reflecting roofs shall ever be used or per-
mitted to remain on any buildings or structures located
within the said Parcels; the exterior colors used on such
buildings or structures shall be harmonious with the natural
surroundings; and no indiscriminate or commercial cutting
of trees or shrubbery shall ever be permitted on any of the
Parcels.
7. Notwithstanding the provisions of any subdivision
regulations promulgated from time to time by Garfield
County, the State of Colorado, or any political subdivision
thereof, no Parcel shall ever be subdivided into smaller
tracts, nor conveyed or encumbered in any less than the
full original dimensions of such Parcel.
8. There are hereby created, granted and reserved
to the owner or owners, from time to time, of each of the
Parcels perpetual easements 15 feet in width on each side
of the boundary line along the entire perimeter of each
Parcel, and within the boundaries of the private road
right-of-way within said Parcels, for the purpose of
constructing, maintaining, operating, replacing, enlarging
• •
and repairing electric, telephone, water, irrigation, sewer,
gas and similar lines, pipes, wires, ditches and conduits.
9. There is hereby created, granted and reserved
to the owner or owners, from time to time, of Parcels
"2" and "3" a perpetual easement 30 feet in width lying
15 feet on either side of the centerline of the existing
driveway which commences at the County Road and then
traverses Parcel "2" and enters Parcel "3", for purposes
of vehicular access to such Parcels.
10. There are hereby created, granted and reserved
to the owner or owners, from time to time, of each of the
Parcels perpetual easements across all of the Parcels
along the line of all irrigation ditches and laterals
presently in existence, or hereafter constructed with
the consent of the owners of the Parcels across which
constructed, for the purpose of constructing, maintaining,
and operating irrigation ditches and laterals for the
proper irrigation of all meadow lands located within any
of the Parcels.
11. In the event two or more Parcel owners install
a common water system or well, there shall be a perpetual
easement for all Parcel owners sharing in such water system
at the well site or water source site and along the pipe
line path from the well site or water source site to the
Parcel boundary lines of the Parcel owners sharing in the
system, for purposes of constructing, maintaining and
operating said system. The easement at the water source
site or well site shall be 15 feet in radius from such
site, and along the pipe line shall be 10 feet on either
side of the centerline of said pipe line.
12. All of the covenants contained in this Exhibit B
shall constitute a burden ori the title to all of the Parcels,
and the benefits thereof shall inure to all owners, from
• •
time to time, of such parcels, and the benefits or burdens
of all of said covenants shall run with the title to all
of such Parcels. Each of the owners, from time to time,
of a Parcel shall have the right at any time to enforce
these covenants by an action for injunctive relief and/or
for damages by reason of any violation hereof.
13. These Covenants shall remain binding and effective
until December 31, 1996, and from and after such date shall
he automatically extended in their entirety for successive
ten (10) year periods unless and until a written declara-
tion terminating such Covenants has been executed and
acknowledged before or after December 31, 1996 by the then
current owners of not less than two-thirds of the Parcels
and recorded in the real property records of Garfield
County.
14. These Covenants may be amended at any time by
the recording in the Routt County records of a resolu-
tion of amendment executed and acknowledged by the then
current owners of not less than two-thirds of the Parcels.
15. Should any part or parts of these Covenants be
declared invalid or unenforceable by any court of com-
petent jurisdiction, such decision shall not affect the
validity of the remaining Covenants.
,;LENWOOD PUMP CO.
3101 S;'F'R S AVE. - GL.ENW'00D SPRINGS, COLO. 81601 - PHONE 9458201
June 30, 1976
John 0' I)onnel
Box 2391
Aspen, Colo.
To whom it may concern:
I, Glenwood Pump test pumped a well on John's property, Daly Hollow,
on West Divide Creek. My findings that this well is a very good well.
Static Head of water 25ft.
Pumping rate: 10G.P.M.s Static head could not be lowered.
Iron 1.0 P.P.M. (trace)
Hardness 25 granes P.P.M.
Sincerely Yours, !,
Glenwood Pump Co.
3101 Sopri s Ave.
Glenwood Springs, Colo.
License #954
2014 BLAKE AVENUE
• GARFIELD COUNTY •
DEPARTMENT OF HEALTH &
ENVIRONMENTAL PROTECTION
GLENWOOD SPRINGS, COLORADO 81601
June 22, 1976
Garfield County Commissioners
GARFIELD COUNTY COURTHOUSE
Glenwood Springs, Colorado 81601
PHONE 9457255
Re: Letter of Feasibility for Sewage Disposal - Senate Bill 35 Exemption
Mr. John O'Donnell - Property at NW, Section 10, T. 7 S., R. 92 W.
Dear Sirs:
Based on the information received by this office and past experience with
sewage disposal facilities in the immediate area of the proposed exemption, it
has been determined by this office on -lot sewage disposal facilities are both
feasible and practical, commensurate with both County and State regulations,
provided proper permits are obtained prior to construction.
It should be further noted that due to the known conditions, only the follow-
ing types of on -lot sewage disposal systems would be acceptable:
X Approved septic tank and absorption area
Approved septic tank and dry well
X Approved aerated treatment unit and absorption area
Approved aerated treatment unit and sealed sub -surface
evapotranspiration system
Vault
X Other as specified: Above notated would be feasible if lot sizes are
2 acres or more.
If we can be of any further assistance, please do not hesitate to contact this
office.
Sincerely,
ENVIRONMENTAL HEALTH DEPARTMENT
Edward L. Feld
Department Head
ELF/tls
xe Unit it rrcx•
SOIL CHARACTERISTICS
Depth to Bedrock
Texture
Surface
Subsoil
Substratum
Unified/AASH O Clrssifica-ian:
Permeability (below 2 feet) :
Percent Coarse Fragments
(gravel, cobble, stone)
Soil Reaction (pH)
Shrink -Swell Potentia
Potential Frost Action
(surface)
Flood Hazard
Hydrologic Group
Corrosivity - Steel •
- Concrete
DEGREE b KIND OF LIMITATIONS
(0 is Slight, M is Moderate,
S is Severe)
Septic Tank Absorption
Fields
Sewage Lagoons
Sanitary Landfill - Trench
- Area
Shallow Excavations
Dwellings w/basements
w/o basements S
Local Roads and Streets S
1
More tr an CO inches
Silty Clny Loam
1
-I;, nay 1,o Clay
Clay
�
CL, l.
.�r; -6,; -7
S l o;:r
0
Hizh
.:oder as
�e
;:one
High
Moderato
Peres Slowly
S Stoop Slope
S Too Clayey
Steep Slope
S
Too Clayey
Shrink Swell, Low Streng.t:.
Shrink Swell, Low Strength
Shrink Swell, Low Strength
J
SUITABILITY AS A SOURCE OF....
Daily Cover for Landfill
Topsoil
Sand
Gravel
Roadfill
OTHER SOIL FEATURES
"A)VANC;. C(;;,y Si;;u cT ii) C:iAN :E"
Poor TooClayey
Poor Too Clayey
Unsuited
Unsuited
Poor Shrink Swell, Loit StreaLth
38D Heldt silt',' clams 1^<.r N,.t`, 1% ro/cont
This is a deep, moderately well drained coil on roll`s
terraces and
side slopes adjacent to mountainous shale slopes. it formed in out oh and
reworked fans from shale and sandy shales at elevati.cns of 5500 to 6800 feet.
The average annual prc oipitFation is 14 inches, men annual air temperature
is 46°F., and the mean frost—free season is about 140 days.
Included in this unit are a few small areas of Anziano loam and Fort
Collins loam soils haring slopes of 6 to 12 percent slopes.
• .
Typically the surface layer is dark grayish brown silty• olay loam
about 8 inches. The subsoil is a dark Erayish brown to brown silty clay
and or clay loans f bout 32 inches thick. The substratum is a brownish colored
silty clay loam. Visible limo seams occur in this layer.
Permeability is very slow and has a high water holding capacity. The
effective rooting depth is 60 inches or more. Surface runoff is moderate
•
and the erosion hazard is moderate.
Most of the acreage that is arable is in alfalfa or irrigated grass—
legume mixtures. The remaining aores.are in native range. Yields of alfalfa
range from 1.5 to 3.0 tons per acro per year.
411 L -
SRC
Irrigation methods suitable for this soil aro oorrurat;ona Corrugations
are suited for alfalfa and brass -legume mixtures. Irrigation water must be
highly managed with slope, length of run and intake rate being all , .rnsidered
duo to steepness of slope and slovr water intake rate.
Rotational practices, weed control and stubble mulch farming, all are
suitable practices to help maintain erosion control and to produce favorable,
crop yield.
The Holdt soil has a.potential habitat for cottontail rabbit, m..la door,
upland game birds such as ohukar and mourning dove. Food and shelter is
obtained from vegetation such as big sagebrush, rabbitbrush, alfalfa,
bromegrass and orchardgrass.
The high shrink -swell and slowly permeable characteristics of this
soil present a definite limitation for urban development.
Land Capability Unit: IVe (non -irrigated)
IVe (irrigated)
Range Site: Clayey foothills