HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
Special Use Permit
GENERAL INFORMATION
R ECEIVJ~D
OCT 1 7 2005
GARFIE LO CO UNTY
BUILDIN G & PLAN NING
(To be completed by the applicant.) ~ Street Address I General Location of Property: '~ 13 0 l00n+J Q~
)~ > h\t)J.'.? --l7>S:.\~ ( s.o~--\\\ l>t f1~QL, \fee, Y z,\~"J
~ Existing u·se & Size of Property in acres: A ~<i" v \t0r0 /R1,,s l-i 0 a.uc~
~ Description of Special Use Requested: (jL C.e <:.s. 0 c..... ch...>c\\'"'' lJ 0,{ j j . (:) \
~ Zone District: R IR ) R \)
~ Name of Property Owner (Applicant): A 'l n n Dl u~rL 4' 8tt "DcJ't ~
~ Address: l{, ]~ 0 Co ·R! 3 3{ /~o~ 91( Telephone: 9 ~'I -CJ CJ (p 1
~City: Nl1.2 ('">~;-\-\& State: CD ZipCode:811oYl FAX:cU?4 -D67ZJ
~ Name of Owner's Representative, if any (Attorney. Planner. etc):
~ Address: _____________ Telephone: ______ _
~ City: ________ State: ___ Zip Code: ___ FAX: ___ _
STAFF USE ONLY
~ Doc. No.: _____ Date Submitted: ____ TC Date: _____ _
~ Planner: Hearing Date: ________ _
) ' >
I. APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, specifically respond to all the following items below and attach any additional information to
be submitted with this application:
1. PJ ease submit, in narrative form, the nature and character of the Special Use requested.
/Submit plans and supporting information (i.e . letters from responsible agencies). Include
specifications for the proposed use including, but not limited to, the hours of operation, the
number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and
the size and loca"tion of any existing and/or proposed structures that will be used in conjunction
with the proposed use, and provisions for electric power service and any other proposed utility
improvements. Be specific .
.,/ 1ty6u~ill be using water or will be treating wastewater in conjunction with the proposed use,
vi>lease detail the amount of water that would be used and the type of wastewater treatment. If
you will be utilizing well water, please attach a copy of the appropriate well permit and any
other legal water supply information, including a water allotment contract or an approved water
augmentation plan to demonstrate that you have legal and adequate water for the proposed
use. i.~ c: () ~ /.--· 0 c., ti f'-r 1¥1 ·, +--·
3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all
e ~sting and proposed structures on the property, and the County or State roadways within one
!{'I ) mile of your property. If you are proposing a new or expanded access onto a County or
State roadway, submit a driveway or highway access permit.
4. Si:9:mit a vic inity map showing slope I topography of your property, for which a U.S.G.S.
L;v.~4,000 scale quadrangle map will suffice.
~· Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the
subject p roperty and public and private landowners adjacent to your property (which should be
delin~afed). In addition, submit a list of all property owners, public and private landowners and .
. tl)eif addresses adjacent to or with in 200 ft . of the site. This information can be obtained from
L-fh e Assessor's Office . We will also need the names (if applicable) of all mineral right owners of
the subject property. (That information can be found in ~r title policy under Exceptions to
Title). 5 f'-l. of' ~ltit1J~ 1> 0 w ~'1t./" Cc
6 .~a copy of the deed an a legal description of the ·subject property.
are acti s an agent for the property owner, you must attach an acknowledgement
erty owner that you may act in his/her behalf.
8. ~~n statement that specifically responds to each of the following criteria from Section v .v3 of the Zoning Regulations: ·
(1) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall either
be in place or shall be constructed in conjunction with the proposed use. ·
(2) Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in place or
shall be constructed in conjunction with the proposed use;
(3) Design of the proposed use is organized to minimize impact on and from adjacent
uses of land through installation of screen fences or landscape materials on the periphery
of the lot and by location of intensively utilized areas, access points, lighting and signs in
such a manner as to protect established neighborhood character;
9. Depending on the type of Special Use Permit requested, you may need to respond to
additional review standards in the Garfield County Zoning Resolution Section 5.00
[Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 &
5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific
sections of the Zoning Resolution which can be located on the Garfield County web site at
http://www.garfield-countv.com/building and planning/index.him. or information can be
obtained from this office
10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the
fee with the application.
11. Submit 2 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the Special
Use Permit application has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
(The following steps outline how the Special Use Permit Application review process works in
Garfield County.)
1. Submit this completed application form, base fee, and all supplemental information to the
Garfield County Planning Department. It will be received and given to a Staff Planner who
will review the application for technical completeness.
2. Once the application is deemed technically complete, the Staff Planner will send you a
letter indicating the application is complete. In addition, Staff will also send you a "Public
Notice Form(s)" indicating the time and date of your hearing before the Board of County
Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum
regarding your requested Special Use. (If Staff determines you application to be deficient,
a letter will be sent to you indicating that additional information is needed to deem your
application complete.)
3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the
requested Special Use and the public hearing. If proper notice has not occurred, the
public hearing will not occur. Notice requirements are as follows:
a. Notice by publication, including the name of the applicant, description of the subject
lot, a description of the proposed special use and nature of the hearing, and the
date, time arid place for the hearing shall be given once in a newspaper of general
circulation in that portion of the County in which the subject property is located at
least thirty (30) but not more than sixty (60) days prior to the date of such hearing,
and proof of publication shall be presented at hearing by the applicant.
b. Notice by mail, containing information as described under paragraph (1) above,
shall be mailed to all owners of record as shown in the County Assessor's Office of
lots within two hundred feet (200') of the subject lot and to all owners of mineral
interest in the subject property at least thirty (30) but not more than sixty (60) days
prior to such hearing time by certified return receipt mail, and receipts shall be
presented at the hearing by the applicant.
c. The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning Department.
The posting must take place at least thirty (30) but not more than sixty (60) days
prior to the hearing date and is the sole responsibility of the applicant to post the
notice, and ensure that it remains posted until and during the date of the hearing.
4. The Applicant is required to appear before the Board of County Commissioners at the time
and date of the public hearing at which time the Board will consider the request. In addition,
the Applicant shall provide proof, at the hearing, that proper notice was provided.
5. Once the Board makes a decision regarding the Special Use request, Staff will provide the
Applicant with a signed resolution memorializirig the action taken by the Board. Following
the Board's approval, this office will issue the Special Use Permit to the applicant. If the
Board's approval includes specific conditions of approval to be met, this office will not issue
the Official Special Use Permit certificate until the applicant has satisfied all conditions of
approval. The Special Use Permit approval is not finalized until this office has issued the
Official Special Use Permit certificate signed by the Chairman of the Board of County
Commissioners.
I have read the statement above and have provided the required attached information
which is orrect and ac te to the best of my k wle e.
Last Revised: 07 5
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners (''Board") Resolution No. 98-09, has established a
fee structure ("Base Fee") for the processing of each type of subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to an application, muhiplied by
an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application
processing time will vary and that an applicant should pay for the total cost of the review which may require
additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions
combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time
devoted to the review of a particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the
applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final
consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed
to pay application fees as required, no new or additional applications will be accepted for processing until the
outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application,
and made payable to the Garfield County Treasurer. Applications will not be accepted without the required
application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is
submitted prior the initial review of the application materials.
Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement
establishes the applicant as being responsible for payment of all costs associated with processing the application.
The Agreement must be signed by the party responsible for payment and submitted with the application in order
for it to be accepted.
The complete fee schedule for subdivision and land use applications is attached.
GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
The following Base Fees shall be received by the County at the time of submittal of any procedural application to
which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board for the consideration of any application or additional
County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant
to the County prior to final action upon the application tendered to the County.
TYPE OF PROCEDURE
Vacating Public Roads & Rights-of-Way
Sketch Plan
Preliminary Plan
Final Plat
Amended Plat
Exemption from the Definition of Subdivision (SB-35)
Land Use Permits (Special Use/Conditional Use Permits)
• Administrative/no public hearing
• Board Public Hearing only
• Planning Commission and Board review & hearing
Zoning Amendments
• Zone District map amendment
• Zone District text amendment
• Zone District map & text amendment
• PUD Zone District & Text Amendment
• PUD Zone District Text Amendment
Board of Adjustment
• Variance
• Interpretation
Planning Staff Hourly Rate
• Planning Director
• Senior Planner
• Planning Technician
• Secretary
County Surveyor Review Fee (includes review of Amended
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee
Page2
BASE FEE
$400
$325
$675 +application agency review fees
and outside consultant review fees, as
authorized pursuant to the Regulations,
such as the Colorado Geologic Survey
$200
$100
$300
$250
$400
$525
$450
$300
$500
$500
$500
$250
$250
$50.50
$40.50
$33.75
$30
Determined by Surveyor$
$11 -1" page
$10 each additional page
The following guidelines shall be used for the administration of the fee structure set forth above:
I. AU applications shall be submitted with a signed Agreement for Payment form set forth below.
2. County staff shall keep accurate record of actual time required for the processing of each land use
application, zoning amendment, or subdivision application. Any additional billing will occur commensurate
with the additional costs incurred by the County as a result of having to take more time that that covered by
the base fee.
3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or
subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming
action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all
fees have been paid.
5. In the event that the Board determines that special expertise is needed to assist them in the review of a land
use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid
prior to the final consideration of the application. All additional costs shall be paid prior to the execution of
the written resolution confirming action on the application.
6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above.
7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent
planning staff rate listed above.
8. The Planning Director shall establish appropriate guidelines for the coUection of Additional Billings as
required.
9. This fee structure shall be revised annually as part of the County budget hearing process.
Page3
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD OOUNTY (h""'""'•~ COUNTY) """ ~~ M y u) i ~ ' e, Vl>u Ir
(hereinafter APPLICANT) agree as follows:
1. · APPLICANT has submitted to COUNTY an application for o..,..., Q.l.C. ~ <;, <c l'j
~,-> <.-\\; "' & v o 'i \ (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting
service determined necessary by the Board of County Commissioners for the consideration of an application or
additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the
initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the
processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan.
APPLICANT
Date:_1 ..... D.._./_1_.,.._$ .... _._/..::;a_) _ _...., ___ _
_.p&~.nQ"""N ....... ~m ....... ~-\)---~-1'i-=J __ -l"_8~a. }'--1>~1 c./
Mailing Address: -·~.:....,..,;;0---'~=ti=><.'--'q_l.:..;S-;;;;.._
1-J eW Czi'-:+ ( <-co
10/2004
Page4
Special Use Permit Application for an
Accessory Dwelling Unit
1. This is a request for a Special Use Permit to bu.ild a structure to be used
as an acce~sory dwelling unit. This unit will provide employee housing for
Dwyer Green.sand Flowers , LLC. The unit will be built on the Dwyer's
Property at 4730 County Road 335, near New Castle. The dwelling will be
located within 100 feet of an existing utility line.
2. The building will be located on t .he 40 acres described in the applicat ion
and depicted on Figure 1. An existing well on the property will be used to
provide water (see Attachment 1: well permit). The water for the dwelling
will be pumped from the 15,000 gallon water storage tank (Attachment 2).
Wastewater will be treated with a septic tank and leach field.
3. The site plan is included as Figure 2. County Road 335 lies appro x imate ly
1.4 miles northwest of the proposed dwelling. The dwelling will be acc es sed
from the existing driveway for the D.wyer Residence.
4 . Figure 3 is the vicinity map showing the slope/t_opography of the
property.
5. The Garfield County Assessor's Map showing the property and adjac ent
landowners is Figure 4 . The surrounding property is owned by the Dwyer's
and the Colorado Division of Wildlife (CDOW). CDOW property lies
approximately 250 feet from the proposed dwelling. Mineral rights are
jointly owned by the Jolley family and the Dwyer's.
6. Attachment 3 is a copy of the deed. The legal description of the
property is included in Attachment 4 .
7 . The property owner is acting as her own agent.
8 (1) Utilities adequate to provide water and sanitation service will be bas e d
on acceptable engineering standards and approved by the Board of County
Commissioners . The well is in place . The septic sy~tem will be constructed
in conjunction with the building of the dwelling. They will comply with the
Garfield County Sewage Disposal Regulations.
(2) There are no street improvements needed. The dwelling is located
more than one mile from the nearest county road.
(3) The gross floor area of the dwelling will not exceed 1500 square feet.
The dwelling will have no impact on or from adjacent land uses. It is not
located in a neighborhood.
9. Items related to Accessory Dwelling Units (5.03.021) have been
addressed previously. The dwelling will be located on the 40 acres containing
the owner's residence and greenhouse. The owner's will retain ownership.
All construction will comply with the appropriate County Building Code
requirements (A.95-076).
All questi~ns and correspondence should be addressed to Lynn Dwyer,
P.O. Box 975, New Castle, CO 81647 Fax 984-0670 Phone 984-0967
Email . lynndwver@peoplepc.com
Thank you.
"
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Form No .
.' GWS-25
APPLICANT
OFFICE OF THE STATE ENGINEER -0~ q
coLORA_oo 01 ;10N OF ~ATER RESOURCE • JNfR'S
818 Centennial Bldg., 1313 Sherman St.:·oenver, Colorado 80203
(303) 866-3581
WELL PERMIT NUMBER 189714
DIV. 5 CNTY. 23 WO 45 DES. BASIN
Lot: Block: Filing : Subdiv:
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4
1095
----A
MD
Section 3 LYNN DWYER
P.O . BOX 975
SW 1/4
Twp 6 S Rng 91 w 6th P.M.
NEW CASTLE, CO 81647
DIST A NC ES FROM SECTION LINES
770 Ft. from SOUTH Section Line
() 1870 Ft. from EAST Section Line
PERMIT TO CONSTRUCT A WELL
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 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 lnstall~tion Contractors in accordance with Rule 18.
3) Approved p·ursuant t<;> CRS 37-92-602(3)(c) for the relocation of an existing well, permit 189714. The old well
must be plugged and sealed according to the Water Well Construction Rules within ninety (90) days of
completion of the new well. The enclosed Well Abandonment Report form must be completed and submitted
to affirm that the old well was properly plugged and sealed.
~
4) Approved as the only well on a tract of land of 40 acres described as the SW Y.., SE ~, Sec. 3, Twp. 6 South, /
Rng. 91 West, 6th P.M., Garfield County. Further identified as: 4730 County Road 335, New Castle, CO
81647 .
5) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to
3 single family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering
of domestic animals.
6) The maximum pumping rate shall not exceed 15 GPM.
7) 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.
8) This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTE: Parcel Identification Number (PIN): 23-2181-034-00-24 7
170316
APPROVED
DMW
Receipt No .
A ss essor Tax Schedule Number:
State Engineer
DATE 1ssuEDNOV 0 2 1999
;)-"--'A-
/1,/b.2../?~
/-0~-~~
~XPIRATION DATE NOV 0 2 2001
3oard
Burning Mountains
Fire Protection District
Box 236
Silt, CO 81652
toss Talbott -Chainnan
oe Montover
~orm Brown
fom Voight
Jordon Witzke
Chubb Group of Insurance Companies
P.O. Box 7247-0118
Philadelphia, PA 19170-0118
To Whom It May Concern
Don Zordel • Chief
Stu Cerise · Assist. Chief
February 10, 1999
On this date we have inspected the Dwyer property at 4730 County Road 335. We can
confirm that the Dwyer property has a 15, 000 gallon water storage tank approximately
75 yards from the residence. They also have a 2" approved fire hydrant feeding off the
storage tank. The hydrant is located between the storage tank and the house, about
25 yards from the house.
The Burning Mountain Fire Protection District can connect and use this hydrant for fire
fighting purposes. Please contact me if you have any questions.
Sincerely,
-f~U-<(j~
Don Zordel
Chief, Burning Mountain Fire District
)],.
, r1. . A 11 2>. ,,, eooJJ90
.·. ··Fil!!d f.;Jr record the--1..l...:d§Y of ~ ,A.O. 19Cft(, at '-/. 3' o'clock~M~
Reception No. ~OB By_~-----'""""'::::.
THIS DEED , Made this day of
between
MIOIRIS, INC.
June 10, 1994
a corporation duly organized and existing
under and by virtue of the laws of the State of
of the first part, and
PATRICK G. M. OOYER AND LYNN E. FISHER-OOYER
-.:
FILING STAMP
JUN 1 0 8
GARFIELD
State Doc. Fee
$ 'j.1P
whose legal address is P. 0. BOX 592
FAGLE, ro 81631
of the County of FAGLE and State of Colorado, of the second part:
UITNESSETH, That the said party of the first part, for and in consideration of the sum of c****$90,000.00)
NINETY THOUSAND DOLLARS AND 00/100THS
to it in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has
granted, bargained, sold and conveyed and by these presents does grant, bargain, sell convey and confirm unto the said
parties of the second part, not in tenancy in comnon but in joint tenancy, the survivor of them, their assigns and the heirs
and assigns of s uch survivor forever, all the following described lot(s) or parcel(s) of land, situate, lying, and being in
the County of ~ELD and State of Colorado, to wit.
SEE EXHIBIT "A" A'ITACHED HEREIO AND MADE A PARI' HEREDF:
also known as st reet and nunbe r VACJl.Nr I.AND
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apperta ining ,
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, either in law or equity of, in and to the
above bargain premises , with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the s aid premises above bargained and described, with the appurtenances, \llto the said parties of
the second part, the survivor of them, their assigns, and the heirs and assigns of such s urvivor forever. And the said party
of the first part, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the said
parties of the second part, the survivor of them , their assigns and the heirs and assigns of such survivor, that at the time
of the ensealing and delivery of these presents, it is well seized of the premises above conveyed,as of good, sure, perfect,
absolute and indefeasible estate of inheritance, in l aw, in fee sirrple, 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 and encunbrances of whatever kind or nature soever;
EXCEPI' GENERAL TAXES AND ASSESSMENI'S FOR '!HE YFAR 1994 AND SUBSEOUENI' YEARS AND
SUBJECI' TO FASEMENI'S I RESERVATIONS I RESTRICTIONS I (l)VENANI'S AND IUGHI'S OF WAY OF
REroRD I IF ANY;
and th e above premises, i n the quiet and peaceable possession of the said parties of the second part, the survivor of them,
the i r assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to
claim the whole or any part thereof , the said party of · the first part shall and wil l IJARRANT AND FOREVER DEFEND .
IN IJITNESS IJHEREOF, The said party of the first part has caused its corporate name to be herel.llto subscribed by its
President and its corporate seal to be herel.llto affixed, attested by i ts
~y, th• doy oral Y''' f;,,t obo•• .,;tt~.
{\ MIOIRIS I INC.
? 7/!A-~,~-
~tar v
Attest:
SecrE
Teti)Je SS e. "<-
STA TE OF r,t/fi't!l!JI:{.
,~ Count y of .9, ~/ ./::>/ I ss.
By~~
' The foregoing instrument was aci('nowle.dged before me this day of June 10, 1994
OF MICRHIS, 'Y ~ OONOFRIO, .f ~~~ L-f? ~11-J_T _____ _.
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BOOK0905 P~Gf 4 78
EXHIBIT A
PARCEL A:
Nl/2SW1/4, SE1/4SW1/4, SW1/4SE1/4, SECTION 3
TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL
MERIDIAN.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL B:
A PERPETUAL, NON-EXCLUSIVE EASEMENT 40.00 FEET IN WIDTH FOR
PEDESTRIAN, VEHICULAR AND UTILITY ACCESS, OVER AND ACROSS A
TRACT OF LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A TRACT OF LAND IN THE SEl/4 OF SECTION 4, TOWNSHIP 6 SOUTH,
RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN IN GARFIELD
COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS
·FOLLOWS:
BEGINNING AT A PIPE WITH A 3 11 BRONZE CAP SET AS A WITNESS
CORNER 26.40 FEET NORTH OF THE TRUE POSITION OF THE EAST 1/4
CORNER OF SAID SECTION 4;
THENCE S. 05 DEGREES 27 1 50 11 W. A DISTANCE OF 191.62 FEET TO A
POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD
NO. 335, THE TRUE POINT OF BEGINNING;
THENCE S. 24 DEGREES 44'17 11 W. AND ALONG SAID SOUTHEASTERLY
RIGHT-OF-WAY LINE A DISTANCE OF 94.58 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY LINE S. 00 DEGREES 10'23 11
E. A DISTANCE·OF 53.33 FEET;
THENCE S. 27 DEGREES 57 1 04 11 E. A DISTANCE OF 122.40 FEET TO A
POINT ON THE EAST LINE OF THE SEl/4 OF SAID SECTION 4; BEING
ALSO THE WEST LINE OF THE SWl/4 OF SECTION 3 OF SAID TOWNSHIP
AND RANGE;
THENCE NORTH AND ALONG THE SAID EAST LINE OF THE SEl/4 OF
SECTION 4 A DISTANCE OF 85.30 FEET;
THENCE LEAVING SAID EAST LINE N. 27 DEGREES 57'04 11 W. A
DISTANCE OF 37.22 FEET;
THENCE N. 00 DEGREES 10 1 23 11 W. A DISTANCE OF 129.63 FEET TO
THE TRUE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
-----------·-·-·-····-----··-··· P-783 05/' )95 03:28P PG 1 OF 3
GARFIEW OOUNI'Y CLERK AND REOORDER
478522 B-941
MILDRED ALSOORF
QUIT CLAIM DEED
THIS DEED, Made this 23rd day of May , 19 95
between Patrick G.1';'J. !Myer and Lynn E. Fisher-!Myer
of tl1e *County of Eagle and State
I1
lb.00
ofColorado,grantor;and Patrick G.M. !Myer and Lynn E. Fisher-
--~!l@llla!~~OOikR!~~~
, grantee, whose legal address is
P.O. Boe 952
Eagle, CO 81631
WITNESS, That the grantor, for and in consideration of the sum of 0
DOC
the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these
presents doe~ remise, release, sell, convey and QUIT Cl.AIM· unto the grnntee, its successors and assigns forever, all the right, title,
interest, claim and dernand which the grantor has in and to the real property, together with improve1nenls, if any, situate, lying and being
in the County of Garfield and State of Colorado, described as follows:
SW l/4 of the SE 1/4 of Section 3, T. 6 S, R. 91 W. of the 6th Principal
Meridian, containing 40 acresm:ireor less, together with perpetual
easements as described in Attachrrent (Parcel C)
!
I
11
i:
also known by street and number as j.
TO HAVE AND TO HOLD the same, together with all nnd •ingular the appurtenances and privileges thereunto belonging, er ir. i,·
anywise thereunto appertaining, and nil the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the
1
,
only proper use, benefit and bchoof of the grantee, its successors and assigns forever. The singular number shall include the plural 1 the
1
11
plural the singular, and the use of any gender shall be applicable to nll genders. I
IN WITNESS WHEREOF, The grantor has exm1tcd this deed on~tc set forth above. Q 1
~~~ I
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l:'.,V. DU<.,.: :;IJL.
Eagle, CO 81631
Wl'fNESS, That the grantor, _for and in cousiderution of the sum of 0
DOLLARS,
the receipt and sufficiency of which is hereby acknowledged, has remised, JOlcased, sold, c<lnveyed and QUIT CLAIMED, and by these
presents does remise, release,·setl, convey and QUIT CLAIM unto the grantee, its successors and assigns forever, all the right, title,
interest, claim and de1nand which the grantor has in and to the real property, together \Vith improvcn1ents, if any, situate, lying and being
in the County of Garfield and State of Colorado, described as follows:
SW 1/4 of the SE 1/4 of Section 3, T. 6 S, R.91 W. of the 6th Principal
Meridian, containing 40 acresm:lreor less, together with perpetual
easements as described in Attachrrent (Parcel C)
11 I : nlso knov1n by street and number as
'
TO HAVE AND TO HOLD the same, 1oge1hcr wilh all and singular the appurtenances and privileges !hereunto belonging, or in
anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grautor, either in law or equity, to the
only proper use, benefit and bchoot' of the grantee, its successors and assigns tOrever. The singular number shall include the plural, the
plural the singular, and the use of any gender shall be applic:ablc to nil genders.
IN WITNESS WflERl.:OF, The grnnlor hns executed this deed on,lhr"\le set forth above. ~
~k~.\t _______ . ~· '4-04 V~p~
STATE OF COLORADO
County of
QUIT Cl.AIM DEED (to Cor~ratlo11) Bradford Publishing, 5112.'i W. 6lh Ave., LukeM>od, CO 80214 -(303) 233.6900 5.g4 ~ O .I . JS.<>, 522. Rev. 4-84,
r Q vu'*-IJ ~
.... ,, A._,,. r.J.i!'.. ,P ..... .J.
.--
· LEGAL DESCRIPTION OF NEWCASTLE PROPERTY
PARCEL C
THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 6
SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, ST ATE OF COLORADO AND CONTAINING 40 ACRES, MORE OR LESS.
TOGETHER WITH A PERPETUAL, NON EXCLUSIVE EASEMENT 40.00 FEET IN
WIDTH FOR PEDESTRIAN, VEHICULAR AND UTILITY ACCESS, OVER AND
ACROSS A TRACT OF LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A TRACT OF LAND IN THE SE 1/4 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE
91 WEST OF THE SIXTH PRINCIPAL MERIDIAN IN GARFIELD COUNTY,
COLORADO, AND BEING PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A PIPE WITH A 3" BRONZE CAP SET AS A WITNESS CORNER
26.;40 FEET NORTH OF THE TRUE POSITION OF THE EAST 1/4 CORNER OF SAID
SECTION 4;
THENCE S. 05 DEGREES 27'50" W. A DISTANCE OF 191.62 FEET TO A POINT ON
THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 335, THE
TRUE POINT OF BEGINNING;
THENCE S. 24 DEGREES 44' 17" W. AND ALONG SAID SOUTHEASTERLY RIGHT-
OF-WAY LINE A DISTANCE OF 94.58 FEET;
THENCE LEA YING SAID RIGHT-OF-WAY LINES. 00 DEGREES 10'23" E. A
DISTANCE OF 53.33 FEET;
THENCE S. 27 DEGREES 57'04" E. A DISTANCE OF 122.04 FEET TO A POINT ON
THE EAST LINE OF THE SE 1/4 OF SAID SECTION 4; BEING ALSO THE WEST
LINE OF THE SW 1/4 OF SECTION 3 OF SAID TOWNSHIP AND RANGE;
THENCE NORTH AND ALONG THE SAID EAST LINE OF THE SEl/4 OF SECTION 4
A DISTANCE OF 85.30 FEET;
THENCE LEA YING SAID EAST LINEN. 27 DEGREES 57'04" W. A DISTANCE OF
37.22 FEET;
THENCE N. 00 DEGREES 10'23" W. A DISTANCE OF 129.63 FEET TO THE TRUE
POINT OF BEGINNING.
TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE EASEMENT 40.00 FEET IN
WIDTH FOR PEDESTRIAN, VEHICULAR AND UTILITY ACCESS ACROSS THE
THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 6 SOUTH,
RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
ST ATE OF COLORADO. THE PRECISE LOCATION OF THIS EASEMENT TO BE
DETERMINED.
4 78522 B-941 P-785 05r \95 03: 28P PG 3 OF 3
TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE EASEMENT 40.00 FEET IN
WIDTH FOR PEDESTRIAN, VEHICULAR AND UTILITY ACCESS ACROSS THE
SOUTHWEST I I 4 OF THE SOUTHEAST 1I4 OF SECTION 3. TOWNSHIP 6 SOUTH,
RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
ST ATE OF COLORADO. THE PRECISE LOCATION OF THIS EASEMENT TO BE
DETERMINED .
. •
· · LEGAL DESCRIPTIOJ i NEWCASTLE PROPERTY
PARCEL C
THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF SECTION 3, TOWNSHIP 6
SOUTH, RANGE 9 I WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, ST ATE OF COLORADO AND CONTAINING 40 ACRES, MORE OR LESS.
TOGETHER WITH A PERPETUAL, NON EXCLUSIVE EASEMENT 40.00 FEET IN
WIDTH FOR PEDESTRIAN, VEHICULAR AND UTILITY ACCESS, OVER AND
ACROSS A TRACT OF LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A TRACT OF LAND IN THE SE I 14 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE
91 WEST OF THE SIXTH PRINCIPAL MERIDIAN IN GARFIELD COUNTY,
COLORADO, AND BEING PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A PIPE WITH A 3"' BRONZE CAP SET AS A WITNESS CORNER
29.:10 FEET NORTH OF THE TRUE POSITION OF THE EAST 114 CORNER OF SAID
SECTION 4;
THENCE S. 05 DEGREES 27'50" W. A DISTANCE OF 191.62 FEET TO A POINT ON
THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 335, THE
TRUE POINT OF BEGINNING;
THENCE S. 24 DEGREES 44'17" W. AND ALONG SAID SOUTHEASTERLY RIGHT-
OF-W AY LINE A DISTANCE OF 94.58 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY LINES. 00 DEGREES 10'23" E. A
DISTANCE OF 53.33 FEET;
THENCE S. 27 DEGREES 57'04" E. A DISTANCE OF 122.04 FEET TO A POINT ON
THE EAST LINE OF THE SE 1/4 OF SAID SECTION 4; BEING ALSO THE WEST
LINE OF THE SW 114 OF SECTION 3 OF SAID TOWNSHIP AND RANGE;
THENCE NORTH AND ALONG THE SAID EAST LINE OF THE SEl/4 OF SECTION 4
A DISTANCE OF 85.30 FEET;
THENCE LEA YING SAID EAST LINEN. 27 DEGREES 57'04"' W. A DISTANCE OF
37.22 FEET;
THENCE N. 00 DEGREES 10'23" W. A DISTANCE OF 129.63 FEET TO THE TRUE
POINT OF BEGINNING.
TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE EASEMENT 40.00 FEET IN
WIDTH FOR PEDESTRIAN, VEHICULAR AND UTILITY ACCESS ACROSS THE
THE NORTH 1/2 OF THE SOUTHWEST 114 OF SECTION 3, TOWNSHIP 6 SOUTH,
RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
STATE OF COLORADO. THE PRECISE LOCATION OF THIS EASEMENT TO BE
DETERMINED.
•
Dwyer Greens & Flowers
PO Box 975
ALPINE BANK 16314
0
New Castle, CO 81647
970·984·0967
NEW CASTLE, CO 81647
82-34011021
1.£1L1 (::.f r")['\("\r::,
IV/ I Vlot;;;VOV
~ PAY TOTHE $ a ORDER OF Garfield County Clerk I **400.00
6
ai ;:; r nl 1r I h 1nrl~nrl 00/1 OO****************************************************************************DOLLARS I'.?! ~
"-.,, ,.
0 ?.; ,_
2 :s
8
0
<'·I
y
Garfield County Clerk
1 09 8th Street
Rifle, CO 81650
MEMO--Base--Fee-for Special Use Permit
118 0 j. b ~ j. l. 11• I: l. 0 2 l. 0 j l. 0 7 I: l. l. j 0 0 0 l. 5 l. l. 11•
4-e 01~ <>' Oc>-~~ }/. ~~~~;-./ / e~ o~-~., <o/) • YQ (..(°' '{)' >~ ~6Q~ '~'< r-0\'r'<{'~~
cf A c "'/ -v '-'Y1'4 ~)'-)-~Q
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Plea•" 'lend Application to the Following Refe• ' Agencies
App. 'ion Name:-----------------
Date Application Sent:---------------
Mt. Sopris Soil Conservation District
Bookcliff Soil Conservation District
Town ofDeBeque
City of Rifle
Town of Basalt
Town of Carbondale
___ City of Glenwood Springs
Town of New Castle
Town of Silt
Town of Parachute
___ Eagle County Planning Department
___ Rio Blanco County Planning Department
___ Pitkin County Planning Department
___ Mesa County Planning Department
Burning Mtn. Fire District
Town of Silt Fire Department
Rifle Fire Protection District
Grand Valley Fire Protection District
Carbondale Fire Protection District
___ Glenwood Springs & Rural Fire
RE-1 School District
RE-2 School District
School District 16
Carbondale Sanitation District
Battlement Mesa Water & Sanitation
Spring Valley Sanitation District
West Glenwood Sanitation District
___ Mid-Valley Metropolitan Sanitation District
___ Roaring Fork Water and Sanitation District
___ Holy Cross Electric (Roaring Fork, S. of Co. River west)
___ Public Service Company (N of Co. River west)
___ KN Energy (S. of Co. River, Roaring Fork)
___ Western Slope Gas Company
___ US West Communications (G.S. & C'dale area)
US West Communications (N.C., Silt, Rifle)
US West Communications (Rifle, B.M., Parachute)
AT&T Cable Service
Colorado State Forest Service
Colorado Department of Transportation
Colorado Division of Wildlife (GWS Office)
Colorado Division of Wildlife (GJ office)
Colorado Dept. of Public Health & Environment
Colorado Division of Water Resources
___ Colorado Geological Survey
___ Colorado Water Conservancy Board
Colorado Mined Land Reclamation Board.
___ Bureau of Land Management
Department of Energy-Western Area Power Admin.
---Bureau of Reclamation-Western Colorado Area Office
___ US Corps of Engineers
Northwest Options of Long Term Care == Roaring Fork Transportation Authority
___ Garfield County Road & Bridge
Garfield County Vegetation (Steve Anthony)
---Garfield County Housing Authority
Garfield County Engineer (Jeff Nelson)
Garfield County Oil and Gas Auditor (Doug Dennison)
Garfield County Sheriff Department
1111111111111111111111111111111111111111111111111111111
690942 01/23/2006 09:32A B17 '.P58 M ALSDORF
l of 2 R 11.00 D 0.00 GARFIELu COUNTY CO
QUITCLAIM DEED
THIS DEED, made this 3rd day of January 2006, between Patrick G.M. Dwyer and Lynn E.
Fisher-Dwyer, whose address is 4730 County Road 335, New Castle, Colorado 81647,
("GRANTOR"), and Patrick G. M Dwyer, whose address is 4730 County Road 335, New Castle,
CO 81647 ("GRANTEE"): .
WITNESS that GRANTOR, for and in consideration of the sum ofNO ($0.00) DOLLARS
(This is a gratuitous transfer in order to correct ownership interests between grantor and grantee),
has remised, released, sold and QUITCLAIMED to GRANTEE, and by these presents do remise,
release, sell and QUITCLAIM to GRANTEE, its heirs, successors and assigns, forever, ail the right,
title, interest, claim and demand which GRANTOR has in and to the real property, together with
improvements, if any, situate, lying and being in the County of Garfield, State of Colorado,
described as follows:
Nl/2 OF THE SWl/4, SECTION 3 TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE SIXTH
PRINCIPAL M.ERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO AND
CONTAINING 80 ACRES, MORE OR LESS
TOGETHER WITH A PERPERTUAL, NON EXCLUSIVE EASEMENT 40.00 FEET IN WIDTH
FOR PEDESTRIAN, VEHICULAR AND UTILITY ACCESS (SEE ATTACHMENT A)
RESERVING UNTO THEMSELVES A PERPERTUAL, NON EXCLUSIVE EASEMENT 60.00
FEET IN WIDTH FOR PEDESTRIAN, VEHICULAR AND UTILITY ACCESS (ATTACH. B)
ENCUMBERED BY A CONSERVATION EASEMENT RECORDED IN GARFIELD COUNTY
ON JULY 03, 2005 BOOK 1693, PAGE 763.
TO HA VE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging on the property, or in anywise thereunto appertaining to the property,
and all the estate, right, title, interest and claim whatsoever of GRANTOR, either in law or in
equity, to the only proper use, benefit and behoof of GRANTEE, its heirs and assigns forever.
IN WITNESS WHEREOF, GRANTOR has executed this Quitclaim Deed on the date set
E~~L
Patrick G M Dwyer
1111111111111111111 Ill lllllll II 111'11 ~11111111111111111
690942 01/23/2006 09:32A 817&. ~59 M ALSDORF
2. of 2 R 11.00 D 0.00 GARFIELD COUNTY CO
ATTACHMENTS (80 ACRE DEED)
ATTACHMENT A
A PERPETUAL, NON EXCLUSIVE EASEMENT 40 FEET IN WIDTH FOR
PEDESTRIAN, VEHICLULAR AND UTILITY ACCESS, OVER AND ACROSS A
TRACT OF LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A TRACT OF LAND IN THE SE/114 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE
91 WEST OF THE SIXTH PRINCIPAL MERIDIAN IN GARFIELD COUNTY,
COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A PIPE WITH A 3" BRONZE CAP SET AS A WITNESS COR.1\fER
26.40 FEET NORTH OF THE TRUE POSITION OF THE EAST 114 CORNER OF
SAID SECTION 4;
THENCE S. 05 DEGREES 27'50"W A DISTANCE OF 191.62 FEET TO A POINT ON
THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 335, THE
TRUE POINT OF BEGINNING;
THENCE S. 24 DEGREES 44' 17" W. AND ALONG SAID SOUTHEASTERLY
RIGHT-OF-WAY LINE A DISTANCE OF 94.58 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY LINES. 00 DEGREES 10'23" E. A
DISTANCE OF 53.33 FEET;
THENCE S. 27 DEGREES 57'04" E. A DISTANCE OF 122.40 FEET TO A POINT ON
THE EAST LINE OF THE SE Y. OF SAID SECTION 4; BEING ALSO THE WEST
LINE OF THE SWl/4 OF SECTION 3 OF SAID TOWNSHIP AND RANGE;;
THENCE NORTH AND ALONG THE SAID EAST LINE OF THE SE Y. OF SECTION
4 A DISTANCE OF 85.30 FEET;
THENCE LEAVING SAID EAST LINEN. 27 DEGREES 57'04" WA DISTANCE OF
37.22 FEET;
THENCE N. 00 DEGREES 10'23" W.A DISTANCE OF 129.63 FEET TO THE TRUE
POINT OF BEGINNING.
ATTACHMENT B
RESERVING UNTO THEMSELVES A PERPETUAL, NON EXCLUSIVE
EASEMENT 60.00 FEET IN WIDTH FOR PEDESTRIAN, VEHICULAR Al\fD
UTILITY ACCESS ACROSS THE NORTH Yi OF THE SOUTHWEST Y. OF
SECTION 3, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO.
1111111111111111111 111111111111111r·i11111111111111111
690943 01/23/2006 09:35R B1766 P60 M RLSDORF
1 of 2 R 11.00 D 0.00 GRRFIELD COUNTY CO
QUITCLAIM DEED
THIS DEED, made this 3rd day of January 2006, between Patrick G.M. Dwyer and
Lynn E. Fisher-Dwyer, whose address is 4730 County Road 335, New Castle, Colorado 81647,
("GRANTOR"), and Lynn E. Fisher-Dwyer, whose address is 4730 County Road 335, New
Castle, CO 81647 ("GRANTEE"):
WITNESS that GRANTOR, for and in consideration of the sum ofNO ($0.00)
DOLLARS (This is a gratuitous transfer in order to correct ownership interests between grantor
and grantee), h!!S remised, released, sold and QUITCLAIMED to GRANTEE, and by these
presents do remise, release, sell and QUITCLAIM to GRANTEE, its heirs, successors and
assigns, forever, all the right, title, interest, claim and demand which GRANTOR has in and to
the real property, together with improvements, if any, situate, lying and being in the County of
Garfield, State of Colorado, described as follows:
SEl/4 OF THE SWl/4, SECTION 3 TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE
SISTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO AND
CONTAINING 40 ACRES, MORE OR LESS, TOGETHER WITH PERPETUAL
EASEMENTS AS DESCRIBED IN ATTACHMENTS.
TO HA VE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging on the property, or in anywise thereunto appertaining to the
property, and all the estate, right, title, interest and claim whatsoever of GRANTOR, either in
Jaw or in equity, to the only proper use, benefit and behoof of GRANTEE, its heirs and assigns
forever.
IN WITNESS WHEREOF, GRANTOR has executed this Quitclaim Deed on the date
~e-~ [L_ f ,/I ;J
P.rtriok G MDwY"' ~IBM-~
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
y commission expires:
1111111111111111111 11111111111111 111 ,111111111111111111
690943 01/23/2006 09:35A Bli~J P61 M ALSDORF
2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO
ATTACHMENTS (40 ACRE PARCEL)
ATTACHMENT A
A PERPETUAL, NON EXCLUSIVE EASEMENT 40 FEET IN WIDTH FOR
PEDESTRIAN, VEHICLULAR AND UTILITY ACCESS, OVER AND ACROSS A
TRACT OF LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A TRACT OF LAND IN THE SE/1/4 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE
91 WEST OF THE SIXTH PRINCIPAL MERIDIAN IN GARFIELD COUNTY,
COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A PIPE WITH A 3" BRONZE CAP SET AS A WITNESS CORNER
26.40 FEEi_: NORTH OF THE TRUE POSITION OF THE EAST 114 CORNER OF
SAID SECTION 4;
THENCE S. 05 DEGREES 27'50" WA DISTANCE OF 191.62 FEET TO A POINT ON
THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 335, THE
TRUE POINT OF BEGINNING;
THENCE S. 24 DEGREES 44' 17" W. AND ALONG SAID SOUTHEASTERLY
RIGHT-OF-WAY LINE A DISTANCE OF 94.58 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY LINES. 00 DEGREES 10'23" E. A
DISTANCE OF 53.33 FEET;
THENCE S. 27 DEGREES 57'04" E. A DISTANCE OF 122.40 FEET TO A POINT ON
THE EAST LINE OF THE SE 'I. OF SAID SECTION 4; BEING ALSO THE \VEST
LINE OF THE SWl/4 OF SECTION 3 OF SAID TOWNSHIP AND RANGE;;
THENCE NORTH AND ALONG THE SAID EAST LINE OF THE SE 'I. OF SECTION
4 A DISTANCE OF 85.30 FEET;
THENCE LEA YING SAID EAST LINEN. 27 DEGREES 57'04" WA DIST Al'ICE OF
37.22 FEET;
THENCE N. 00 DEGREES 10'23" W.A DISTANCE OF 129.63 FEET TO THE TRUE
POINT OF BEGINNING.
ATTACHMENTB
TOGETHER WITH A PERPETUAL, NON EXCLUSIVE EASEMENT 60 FEET IN
WIDTH FOR PEDESTRIAN, VEHICLULAR AND UTILITY ACCESS ACROSS THE
NORTB Yo OF THE SOUTHWEST 'I. AND THE SOUTHEAST 'I. OF THE
SOUTHWEST 'I. OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE
SIXTH PRINCIPAL MERIDIAN IN GARFIELD COUNTY, COLORADO.
ATTACHMENTC
RESERVING UNTO THEMSELVES A PERPETUAL, NON EXCLUSIVE
EASEMENT 60 FEET IN WIDTH FOR PEDESTRIAN, VEHICLULAR AND
UTILITY ACCESS ACROSS THE SOUTHEAST 'I. OF THE SOUTHWEST 'I. OF
SECTION 3, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL
MERIDIAN IN GARFIELD COUNTY, COLORADO.
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~AQUA TE.C SY STE.MS, INC
~\~'v FD E:>OX +88 ~C i\l\l~ GLENW OOD 5 FR.IN G5, COB 1 602 f>._~ \ ~ ~'\'{ (970) 984--0) I I ~ ~c,Oi~\~G ~~,~~ ~tf\Jl ~~\\.\)\~G
1/10/06
DWYER'S GREEN
4730 COUNTY ROAD 335
NEW CASTLE, CO 81647
TO WHOM IT MAY CONCERN :
WELL PERMIT NUMBER : 189714
THE WELL WAS TESTED FOR 4 HOURS AT A FINAL PUMP RATE
OF 2 GALLONS PER MINUTE.~
DATE OF TEST: JANUARY 6. 2006
APPROXIMATE STATIC WATER LEVEL: 186'
APPROXIMATE DEPTH OF WELL: 231'
HORSE POWER OF PUMP: 1 HP STA=°RITE
APPROXIMATE PUMP SETTING: 225'
DRAWDOWN AFTER 4 HRS OF CONTINUOUS PUMPING 18'-ll"
WELL RECOVERED 14'-4" IN 60 MINUTES AFTER PUMP OFF
THE TEST DATA OBTAINED IS REPRESENTITIVE OF ONLY
CONDITIONS OBSERVED ON THAT DATE AND DOES NOT ACCOUNT
FOR POSSIBLE SEASONAL VARIATIONS IN THE AQUIFER NOR
LONGER PUMPING DURATIONS.
IT IS THE OPINION OF DAN BAGETT (WHO CONDUCTED THE WELL
TEST) THAT THE WELL PRODUCED APPROXIMATELY 1200 GALLONS
"' l .I ATLn t"\l lnT~U"' TU C' T CCT DCDTl"\r'\ AMI""\ T C TT rn111 n f""\I"\
vr VVl-\ I C.1' UU1'.J..l~\l I nL I ~..:> I rc:.1'..J..VU /"'\l'I U .J..r .J.. I \..V 'V L.V vv
THIS EVERY DAY IT WOULD BE ABLE TO SUPPLY THE NEEDS OF
..LL.-~o1~E, WHICH EXCEEDS THE COUNTIES REQUIREMENTS .
ED,
17-JAN-2006 10:03AM FROM-EVERGREEN ANALYTICAL 3034256854 T-859 P.002/002 F-897
Evergreen Analytical, Inc.
4036 Youngfield Street, Wheat Ridge, Colorado 80033-3862
(303) 425-6021
-'-============~ ~'-----~======================-
Client Sample ID: #189714 WELL
PWS!D CO 0189714
1/4/06 1500
Lab Work Order 06-0061
Client Project ID: Lab Sample ID: 06-0061-01
Date Collected: Sample Matrix: Warer
Date Received: 115106
Method: E300
Date Prepared: 1/5/06
Date Analyzed: 1/5/06 1223
ANIONS BY IC
Dilution Factor: 5
Method Blank: METHOD BLANK Lob ftaelionlD: 06-006I·OIA
Analytes CAS Number Result LQL Units
Nitrite-N
Nitrate-N
Nittitc-t-Nitrate-N
C)J/_
Analyst
Qunlititn1; D ~ AnalyLi: tlt:Lt:el~d in the: ai;socialcrl Method Bl:ink, v:ilue not ::>ubltuctccl from re~ull
E -E."ttrapolaLc:ci v:iJuc.Valuc exceeds c;ilibra1ion range
H -Ssmple cxcccdecl :ln;ily1ic;"1\ h¢JUing 1ime
J -lndicates a11 c.stin1:1ted \'<I.Jue when the compound is cktcclcd, but is below the LQL
S -Spike Recovery outside ncceprcd limits
U -compouml anulyzi::tl for bul nc;it dctcccccl
X -See e:l~e 1l:ln':ltivc.
" -V:1.lue exceeded lhC: Maximum Cont.'.l.l'llin•llion Level (MCLJ
13.7
13.7
u 0.38 mglL
0.28 mg/L
0.38 mg!L
. ··-----·--· ---·---·--
Approved
Definition.~: NA -Not Applicable
LQL. Wwer Qu'ilntit\tion Limit
Surr ~ Surrogale
f>rinl Date; 116/2006
C.olorado Department
of Public Health
and Environment
Laboratory Services Division
8100 Lowry Boulevard, iver CO 80230-6928
US Mail: PO Box 17123, .;enver CO 80217
(303) 692-3090 fax (303) 344-9989
Lab ID No.
SAMPLE SITE SAMPLE INFORMATION
Collected
Received
Reported
1/4/2006 3:00:00PM
11512006 8:00:29AM
11612006
MSA-2005004384
Dwyer Green
4730 Co Rd 335
#189714 Well Collected By Matrix Drinking Water
CUSTOMER COMMENTS
Aqua Tech Systems
PO Box 488
Glenwood Springs, CO 81601
Contact Name
Contact Phone Purpose Routine Chlorine residual
Test Name Result
Escherichia coli PA E. coli not detected
Total coliforms PA Coliform absent or less than one(<!),
indicates a microbiologically safe sample
LARS lnterent Address: http://www.cdphe.state.co.us/lr/lrhom.htm
Modification Date: 1/6/2006
#203
Method Name
SM 9223
Payment Type Billed
MEMO
TO : Richard Wheeler ,
FROM: Carolyn M. Dep uty County Attorney
RE : Dwyer ADU
DATE : January 1 3 ,
I have reviewed th e two unre corde d Quit C laim Deed s pres e n ted
by Lynn Dwy e r at our Wednesda y , J a nuary 4 , 2 0 06 meeting with t h e
Garfield County Ass essor , Co u nty Attorney , and Mappi ng Techn ician .
Ass u mi n g r ecordation , as detail e d below, th e Dwy ers have met t h e
conditions of issua nc e of their Special Use P ermi t ("SUP") as to
title of t he "subj ect lot" and access . If the ot h er condition s
have been me t , as to water , the S UP can b e placed on a consent
agenda. The County 's i n terests are in the lega l existence of th ~
s ubje ct lo t and , thu s , t he other t wo lo ts ; each of th e three lo ts
having no more than o n e principle residence a nd access to CR 335 ;
a legal a nd adequate sou r ce of water for the tw o residences on t h e
"s ubj ect lot"; and t h e app r op ri ate proof of water avai l ability for
i ss u ance of each o f the t hree buildi n g permits (two already i ss u e d
bui ldi n g permits for tw o principal r eside n ces and t h e t hird for the
ADU).
I . Background:
Mr . a nd Mrs . Dwyer r e quested ·issuance of a n SUP for a n
Accessory Dwelling Unit ("ADU") u nder Section 5 . 0 3 . 021 of t he
Zon ing Resolution . Th e ADU i s to b e l ocated on 40 acr es of a 160
acre "parent " p a r ce l u pon whi c h two (2 ) dw el ling units and
a g ricultural buildings , re l ated to a l a nd scaping busin ess , h ave
been const ructed . T h e Coun ty i ss ued Bu ild i ng Permits f or eac h of
t h e r es ide n ces , as a principal use , believing each res iden ce to be
located on a legal l ot , "a p a r ce l of land h e ld i n sepa r ate
ownership from contiguous lan ds . " (S ection 2 .02 .32).
During t h e q u asi -judicial process before the BOCC it became
apparent t h at although the County Assessor 's maps s h owed t h ree (3)
separate ly ta xed p arcels , no lega lly cogniz a ble split of t h e 1 60
ac re s had occurred by d ee d . Th e Dwy e r s ' 19 95 attempt to div i d e
t h eir acreage into lots , by d eedin g portions from thems e lv es to
thems e l ves with r ecitations of the ex i s tence of eas ement s , was of
no lega l effect . As a matter of b as ic tenants of t h e law of real
property title, n ot th e law rel a ting to the Assesso r 's valuation
methods , t h e Dwyers still ow n e d o n e (1) 1 60 acre p arce l i n Section
3 , a l o ng wi t h a n on-exc lu sive easement right across a portion of a
Dwyer ADU
January 13, 2006
Page 2
third-party's property in Section 4,allowing access to CR335 from
the 160 acres.
In order to be granted an SUP and a third residential building
permit for the requested ADU, therefore, the BOCC required the
Dwyers to legally create the "subject lot." Implicit in that
condition was the requirement that the Dwyers meet the mandate of
Sections 5.03(2) and 5.03.12, requiring adequate access for the lot
containing the ADU. The ADU lot needs, specifically, an easement
for right-of-way and utility purposes from the southeasterly most
portion of the 160 acre, across the southwesterly portion and over
the northerly portion. The ADU lot also needs the right to use the
pre-existing easement over Section 4, from the north side of the
160 acre parcel to CR 335.
II. Analysis and Conclusion:
The Dwyers have now prepared two new Quit Claim Deeds,
effectively leaving the ADU lot (Assessor's Parcel #247)titled in
both of their names, as joint tenants with right of survivorship:
1. Assessor's Parcel #245, north (and west) of the ADU
Lot is an 80 A parcel to be conveyed from Patrick G.M.
Dwyer and Lynne E. Fishcher Dwyer to Patrick G. M. Dwyer.
The "Parcel #245 Deed" gives Mr. Dwyer and future owners
of #245 use of the 40 'easement across Section 4. It
also: (l)recites the pre-existing "burden" on the
property of a 2005 Conservation Easement; and (2)
reserves to Lynn and Patrick a 60' wide easement across
#245. From my conversations with Mrs. Dwyer, I
understand that it is her intention that this reservation
to Lynn and Patrick as owner's of Parcel #247 is meant to
preserve the use of the easement across #245 for
themselves and all future owner's of Parcel #247.
2. Assessor's Parcel #246, west of the ADU Lot is a 40
A parcel to be conveyed from Patrick G.M. Dwyer and Lynne
E. Fishcher Dwyer to Lynn E. Fisher-Dwyer. The "Parcel
#246 Deed" gives Lynne and future owners of #246 use of
the 4 0' easement across Section 4. It also: ( 1) gives the
owner of #246 a 60' "pedestrian, vehiclular (sic
vehicular) and utility access" easement across #245 and
purports to grant to the fee owner of #24 6 the same
easement over #246; and (2)reserves to Lynn and Patrick
a 60' wide easement across #24 6. Again, it is my
understanding from conversations with Mrs. Dwyer that it
is the couple's intention to preserve for all future
Dwyer ADU
January 13, 2006
Page 3
owner's of Parcel #247 the use of the easement across
#24 6.
The conveyance out of #245 and #246 leaves the Dwyers with
joint tenancy title to only Assessor's Parcel No. 247 (the easterly
40A). #247 still has the right to use the easement across Section
4 and Patrick G. M. Dwyer and Lynn E. Fischer-Dwyer have "reserved
rights" to use the 60' easement across both #246 and #245, thus
connecting to the Section 4 easement going to CR 335.
My conclusions are: (1) the Dwyers have created one (1) BOA
lot (Assessor's Parcel #245) and two (2) 40A lots (Assessor's
Parcels # 246 and #247) by deed, conveying #245 (BOA) to Patrick
and #246 (40A) to Lynn, leaving #247 (40A) in joint tenancey; and
(2) #247, the "subject lot" upon which their home already exists,
and upon which they wish to construct an ADU, will have access to
a County Road as long as the Dwyers record the deed to #245 (BOA),
that reserves an easement across #245 to "Lynn and Patrick," prior
to the deed to #246 (40A), that grants an easement to "Lynn" across
#245 and reserves an easement across #246 for "Lynn and Patrick."
III. Limitations:
I have not reviewed the Conservation Easement and am relying
on Mrs. Dwyer's representation that the provisions of the recorded
document do allow other use-easements for access and utilities and
perhaps other purposes. I believe this to be a safe assumption as
Mrs. Dwyer has represented that the road from #247 through #246 and
#245 pre-existed the grant of the 2005 conservation easement.
My comments are further confined to the requirements of the
Zoning Resolution regarding the proposed ADU, specifically Sections
9.01.01 and 9.03.01, requiring proof of ownership of a legal
"subject lot," and Sections 5.03(2)and .12, dealing with access.
I am not giving an opinion to the Building and Planning Department
as to whether the second 40A lot(#246)or the one BOA lot(#245) has
adequate access, either as to the legal sufficiency of the
description of the easement(s) or the means of conveyance.
Please pass this memo or relevant portions needed to the
Building Official responsible for issuance of the requested
building permit. Also, please communicate with Mrs. Dwyer about the
order of recording of the two deeds.
T:\MyFiles\PLAN\Dwyer rnemo.wpd