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HomeMy WebLinkAbout1.0 Application4 • 1 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 3-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned Thomas E. Reppo and Donna J. Reppo respectfully petitions the Board of County Comm4Aoners of Garfield County, Colorado exempt by Resolution the divi .l'�i approx .326 acre tract of land into # Ik tracts of approximat`''�(2)11-1/2 (/)/4.0 O Z9U acres each, more or less. from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: The subject tract is of minimal use in our ranching operation but lends itself to residential use. SUBMITTAL REQUIRErVIENTS: An application which satisfied the review criteria must be submitted with all the following information: A. Sketch map at a minimum scale of l"+200' showing the legal description of the property. dimension and area of all lots or separate interests to be created. access to a public right-of-way, and any proposed easements for drainage. irrigation. access or utilities: and B Vicinity map at a minimtun scale of 1 "=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles. for which a copy of U.S.G.S. quadrangle map may be used; and C Copy of the deed showing ownership by the applicant. or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption. mineral owners and lessees of minerals owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F Proof of legal and adequate source of domestic water for each lot created. method of sewage disposal. and letter of approval of fire protection plan from appropriate fire district: and G. If connection to a community_ or municipal water or sewer system is proposed. a letter from the governing body stating a willingness to serve: and H. Narrative explaining why exemption is being requested: and • I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted with the application. EXEMPTION APPLICABILITY Petitioner 1091 Road 300 Mailing Address Parachute, CO 81635 City State 970-285-7695 Telephone Number The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations. the Board may approve. conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum. all of the review criteria listed below. Compliance with the review criteria, however. does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. .A. No more than a total of four (4) lots. parcels. interests or dwelling units will be created from any parcel. as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption. the parcel as it existed on January 1. 1973, must have been 35 acres or greater in size at that time and not a part of a recorded subdivision; however. any parcel to be divided by exemption that is split by a public right-of-way (State of Federal highway. County road or railroad). preventing joint use of the proposed tracts. and the division occurs along the public right-of-way, such parcels thereby created may. at the discretion of the Board. not be considered to have been created by exemption with regard to the four (4) lot. parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size. created after January 1. 1973 will count as parcels of land created by_ exemption since January 1. 1973. • B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within 1/4 mile of the site producing at least five (5) gallons /minute. Prior to the signing of a plat. all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used: 2) A well completion. report demonstrating the depth of the well, the characteristics of the aquifer and the static water level: 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge: A written opinion of the person conducting the well test that anis well should be adequate to supply water to the number of proposed lots: 5) An assurnption of an average or no less than 3.5 people per dwelling unit. using 100 gallons of water per person. per day: 6) If the well is to shared. a legal. well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paving these costs and how assessments will be made for these costs. 7) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district: and F All state and local environmental health and safety requirements have been niet or are in the process of being met: and Provision has been made For anv required road or storm drainage improvements: and • H. Fire protection has been approved by the appropriate fire district; and H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. (The school impact fee is $200.00 for each lot created) PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. B. The Planning Department shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (150 days of submittal. C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of. land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Department. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedures in these regulations. BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 3-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned Thomas E. Reppo and Donna. J. Reppo respectfully petition the Board of County Commissioners of Gld County, Ce, a do, to exempt by Re„��� ;ti, peZn p division of approxit . e`y, acre tract tt o - tracts of appro .`li;t: dy' 14- 142 acres each, more or less, from the definitions of "subdivision” and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: The subject tract is of minimal use in our ranching operation and lends itself to residential use. SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information: 1. Sketch map at a minimum scale of 1" = 200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to public right of way, and any proposed easements for drainage, irrigation, access or utilities. Please see Survey dated August 1981 by Claycomb Engineering attached as Exhibit 1. 2. Vicinity map at a minimum scale of 1"=2000" showing the general topographic and geographic relation of the proposed exemption. Exhibit 2, U.S. Department of Interior Geological Survey Map. 3. Copy of the deed showing ownership by the applicant. Exhibit 3, Warranty Deeds from Knoxes and Ilofferbers, as well as from Garfield County School District. 4. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of minerals of record of the property to be exempted, and tenants of any structure proposed for conversion. Exhibit 4. 5. Evidence of soil types and characteristics of each type: Loamy clay. 6. Proof of legal and adequate and adequate source of domestic water for each lot created — Exhibit 6 is Well Permit. Method of sewage disposal — septic system. Letter of approval of fire protection plan from appropriate fire district, Exhibit 6a. 7. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve — not applicable. 8. Narrative explaining why exemption is being requested. Exhibit 8. 9. It shall be demonstrated that the parcel existed as described on January 1, 1973, or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. Exhibit 9, Commonwealth Title Company. Our check for $300.00 is submitted herewith. Respectfully submitted, Nomas E. Reppo, Petitioner Donna J. Reppo, Petitioner 1091 Road 300 Parachute, Colorado 81635 970-285-7695 4365 1 50/8 5009 580 OOO ti�� FEET 32 T. 7 S. 50/8 /j 4. . h // / A 4363 5544• <5045 0-600 +5020 �pca -h5/50 It -'‘'N 4 60� \` 5600 56 600 • • T.8 S. i1, / • >lt9088 ("--/ •\ 11 39°22'30" - ° 108°07'30" /48 1 260 000 FEET /i G 7/ 17 • 4 9 -BSL S 2 52/0x / �\ 749 Produced by the United States Geological Survey Control by USGS and NOS/NOAA Compiled from aerial photographs taken 1960 Field checked 1962 North American Datum of 1927 (NAD 27). Projection and 10 000 -foot grid ticks: Colorado Coordinate System, central zone (Lambert Conformal Conic). 1000 -meter Universal Transverse Mercator grid ticks, zone 12, shown in blue The difference between NAD 27 and North American Datum of 1983 (NAD 83) for 7.5 minute intersections is given in USGS Bulletin 1875. The NAD 83 is shown by dashed corner ticks There may be private inholdings within the boundaries of the National or State reservations shown on this map 0, /50 1.52' 33 MILS /51 5' UTM GRID AND 1962 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET 752 7 r;( (HOUSETOP MOUNTAIN) 4362 I SE SCALE 1:24 000 0 \ I R. 96 W. IR. 95 W. 2'30" 1 MILE 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET .5 0 1 KILOMETER CONTOUR INTERVAL 40 FEET SUPPLEMENTARY CONTOUR INTERVAL 20 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS FOR SALE BY U.S. GEOLOGICAL SURVEY DENVER, COLORADO 80225, OR RESTON, VIRGINIA 22092 A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST -4‘ ...! •// APR -51979 .., Recorded , o'clock Reception No. ,......293172 ?124.4.44, a .r- .rEAN't4. KNOX and MYRTLE KNOX . • ..-,,,,' .• i,F .i.), . .•. i,...1 • - • .. ' - . '?vh.oseadd ' ;ale ':'' 1091300 Road, Grand Valley • , , .. , • - , • ' County of ' ; Garfield , , State of 4141:44.0..'y • t. Book '; 525 lAct583 Recorder. :! ; 414 1;0;t : 1 • • ' I•A APR 7 119'.' ITAT1I*11110,11111111 t THOMAS E. REPPO and DONNA J. REPPO as joint tenants to an undivided 1/2 interest, and RAYMXID J. HOFFERBER and DIXIE L. HOFFERBER, as joint tenants to an undivided 1/2 interest whose legal address is 8439 N. Delbert Road, Parker r County of • , 4,4 Douglas , ,4. ,•and State of Colorado the following real property in the 43 .'• . f• )• County of Garfield and State of Colorado, to wit: IN TOMSHIP 7 SCUM, RA113E 96 Icor OF THE 6th P.M:, SECTION 34: lot 1, SAME1/4, WosSE/s, ELISW1/4 and Lot 5. Total parcel contains not less than 326 acres. 4. EXCEPT that part conveyed to School District 118 described as follows: Beginning at the NE corner of the NE1/4of the SW1/4 of Section 34; Thence North 16 rods; , Thence Wst 10 rads; Thence South 16 rods; Thence East -10 rods to point of beginning: • ALSO EXCEPT that part conveyed to the County Carmissioners for road purposes described as follows:• ; I All that part of the NEW,./g 30 feet on each side of a center line beginning ati a point whence the 1./4 corner between Sections 33 and 34 of said Township and Range bears N. 72°39"W. 1348.3 feet! Thence N. 71°10'E 107.13 feet; Thence • R. 47°14'E. /53.01 feet; Thence N. 48°02'E. 167.37 feet; Thence S. 55°36'E 519.1 feet; Thence N.,75°26'E. 123.5 feet; Thence S. 68°34'E. 96.5 feet being a strip of land 60 feet in width. IN TOWISHIP 8 SOUTH, RANGE 96 WEST OF THE 6th PM, SECTICN 3, Lots 2 and 3 TOGETHER WITH all water, water rights, ditches and ditch rights of way appertainin thereto including by way of example but not by way of limitation the folic:wing: CIVIL ACTION # AICUNT Baker Ditch *,, , • Priority 1154A , • 536-W3294 . • • 1.60.CFS 1912 ' 2.50 a'S Karl Lindauer Novi and Decreed March' 3, 1953 Pipe Line .• •• • • ' The Oil and Gas lease between Grantors and Transcontinent Oil Claspany; 'recorded May, 20, 1976 in Book 485, Page 164 Garfield County, Colorado is hereby assigned taCIUas t?.property the real cat:ined heinihlifttpurtences, and warrit(,thetItto the same. ;ubject to ail easientsT restrictions, reservations, rights of way, ditches and ditch rights of way of, . record. Subject also to 1979 real property taxes due and payable in 1980 and all subsequent taxes and assessments. Signed this • :, 30th day of • March • ,t • 1, •.• • . t.,.• • • , Myrtle KII0X. . STATE OF COLORADO, • :, . 1 ' ..,, ... • 55 i. - County of 771...-4...".._ ' , - . .. .', • ' '• • ...'110.. 1' - ' .. - ' . ' , -,, ,„ . , . . • The foregoing Instrument was acknowledged before me this 30th day of . , . Harch . 19 79, by Dean M. Knox and Myrtle Knox ' 1.! ' • , ' ' . , •:'• . . 1 ' ' • My commission expir10/4/82 ec , ! Witness my hand and official seal.. 1.\-:'!••-•11:. 1.- • . .. , . • I zf.-• INTAni,",- s . , . PLi rit„,\C-) i o i: • •• Tt 0... •. ; -... .,c,..? ;:t •-zt-....4,,,i,..tq'0417,--;•,.-s •, pc..4111 ii.ii...,..41...4-1111.11 roll. —.MS Uradtord PobllihIng Co.,1844 Stour Ihroot. 0•11•110/. Colorado Int 1:0111-1.711 hreromel.1"'. . Notary P.blk t I • •4 40. Li 1 .• ti. •i• iji -Al- j: !„,,, • ' (OCT 074106 B00!( Recorded at � 1 _ -- u' dock /n . 7 • 1�7._ Reception No. 375)18 MILDRED ALSDORF, HECOR' GAFtFIELD COUrAY, COI WARRANTY DEED 696 PAGE 579 GARFIE'LD OCT 0 7 1986 State Doc. Fes RAYMOND J. HOFFERBER and DIXIE LEE HOFFERBER, whose address is 389 Swan Dr., City of Riviera, Mohave County, Arizona 86442, for the consideration of Ten Dollars and other good and valuable consideration, in hand paid, hereby sell and convey to THOMAS E. REPPO and DONNA J. REPPO, as joint tenants, whose address is 1091 County Road 300, Town of Parachute, Garfield County, Colorado 81635, the following described real property in the County of Garfield, State of Colorado, to -wit: IN SECTION 34, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE 6TH P.M.: Lot 1, SW%NE 4, W%;SE q, E1SW a and Lot 5, EXCEPT that part conveyed to the County Commissioners for road purposes described as follows: All that part of the NE 4SW a 30 feet on each side of a center line beginning at a point whence the 1/4 corner between Sections 33 and 34 of said Township and Range bears N.72°39'W. 1348.3 feet; thence N.71°10'E. 107.13 feet; thence N.47°14'E. 253.01 feet; thence N.48°02'E. 167.37 feet; thence S.55°36'E. 519.1 feet; thence N.75°26'E. 123.5 feet; thence S.68°34'E. 96.5 feet being a strip of land 60 feet in width. IN TOWNSHIP 8 SOUTH, RANGE 96 WEST OF THE 6th P.M.: Section 3: Lots 2 and 3, Together with all ditch and ditch water rights appurtenant thereto or therewith, and any and all Bureau range land allotments which may be above -referenced property, rights, water and used in connection of Land Management appurtenant to the (Mailing address of grantees: 1091 County Road 300 Parachute, CO 81635) with all its appurtenances and warrant(s) title to the same, subject to 1986 property taxes and assessments, easements, rights of way, restrictive covenants of record, reservations contained within the United States patent, a deed of trust dated February 8, 1979, and recorded February 13, 1979, in Book 522 at Page 865, re-recorded March 28, 1979, in Book 525 at Page 169, which deed of trust the second parties by the acceptance of this deed assume and agree to pay. Signed this / day of October,6. and H .GG I R� of Dixie L. Hoffer STATE OF ARIZONA )ss. COUNTY OF MOHAVE • BMX 696 FAcE580 The foregoing was subscribed and sworn to before me this ' day of October, 1986, by Raymond J. Hofferber and Dixie L. Hofferber. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: - < : zeoZe. ../ ;Notary Public Exhibit 4, Petition for Exemption to Garfield County Commissioners from Thomas E. and Donna Reppo Names and Addresses of Owners of Record within 200 feet: Jim DeKam 704 County Road 300 Parachute, CO 81635 Ernie Fyrwald 1265 Mountain View Drive Aspen, Colorado 81611 Carl P. Enyeart and Martha K. Enyeart P. O. Box 3215 Breckem-idge, Colorado 80424 Heritage Trust Ronald and Marie Tipping 200 Grand Avenue Grand Junction, Colorado 81501 Mineral Owners other than Reppos Opal C. Latham, 1/8 DeBeque, Colorado 81630 C. Latham, 1/8 DeBeque, Colorado 81630 William C. Prather, 1/8 4350 44 Road, DeBeque, Colorado 81630 Mineral Lessees Barrett Energy 1515 Arapahoe Street, Tower 3, Suite 1000 Denver, Colorado 80202 Tenants ''here are no tenants affected by the proposed conversion. Form No. GWS -25 APPLICANT OFFICE OF THE Silk ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 b' t if) THOMAS E REPPO 1091 CR 300 PARACHUTE CO 81635- (970)285-7695 PERMIT TO CONSTRUCT A WELL LIC WELL PERMfT NUMBER 20c893 DIV. 5 CNTY. 23 WD 70 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 34 Twp 7 S RANGE 96 W 6th P.M. DISTANCES FROM SECTION LINES 3600 Ft. from South Section Line 1800 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of approximately 55 acres described as that portion of the W I/2, NE'/,, Sec. 34, Twp. 7 South, Rng. 96 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. 4) 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 (1) acre of home gardens and lawns and the watering of domestic animals. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. 8) This permit has been approved as the only well on a parcel of approximately 55 acres located in the W 1/2 of the NE 1/. of Section 34. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.). OWNER'S COPY APPROVED JD2 State Engineer Receipt No. 0409411 . „hew% DATE ISSUED FEB 0 6 1997 By EXPIRATION DATE FEB 0 6 1999 • GRAND VALLEY • FIRE PROTECTION DISTRICT P. 0. Box 295 Parachute, Colorado 81635 (303) 285-7630 August 27, 1996 Mr. and Mrs. Thomas and Donna Reppo 1091 Road 300 Parachute, CO 81635 Subject: Proposed Exemption for Thomas and Donna Reppo Property Mr. and Mrs. Reppo: Per your request, the Grand Valley Fire Protection District has reviewed your request for an exemption and approve the request with the following conditions of approval: 1. Request that all structures be separated from native pinyon/juniper by a distance of four times the surrounding tree height or 60 feet. This should be no problem as trees are limited in this area. 2. Source of -water for fire trucks is adequate from river or pond. 3. Access to all structures should be sufficient as parcels adjoin County Road 300. Therefore, the Fire District has no concerns with this exemption. If there are any questions, please contact me. Sincerely, Le -(6611 -- Ed Baker, Asst. Fire Chief District Sec./Tres. cc: Gary Mahaffey, Chief • • THQJ [As E . zusm I)oNNA RIPpo 1091 Road 300 Parachute, Colorado 81635 970-285-7695 November 17, 1996 Board of Garfield County Commissioners Glenwood Springs, Colorado Subject: Petition for Subdivision To Whom It May Concern: The exemption is being requested because the subject parcel is of minimum use in our ranch operations, but it would be very suitable for home sites. Your consideration of this request is appreciated. Sincerely, f ira7 Thomas E. Reppo '(407491144-(L Donna Reppo • • �w c4p Commonwealth Title Company of Garfield County, Inc.. 127 East 5th Street - P. 0. Box 352 Rifle, Colorado 81650 (970) 625-3300 FAX (970) 625-3305 NOVEMBER 19, 1996 THOMAS AND DONNA REPPO 1091 ROAD 300 PARACHUTE, CO 81635 DEAR MR. AND MRS. REPPO, PLEASE FIND ENCLOSED DEEDS TO GUS MORRIS RECORDED IN 1944 AND 1962 AS WELL AS THE DEED TO YOURSELVES RECORDED IN 1979. THE PARCEL WAS THE SAME CONFIGURATION IN 1973 AND THE ONLY SPLIT FROM THE LARGER PARCEL WAS WHEN MORRIS CONVEYED TO YOU IN 1979. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER INFORMATION PLEASE CONTACT THIS OFFICE. SINCERELY,c)EN DEAN HUBBELL At No.56 Doc.#150773 Ro.57 Doc .#150775 satisf ied, to r her wi th all incere s L anighharges thereon. Therefore IIPthe r'•quest of Cecil G.Felltney and Freida E. Fortney by M.R.Hinman their torf:ey,the legal holdres of sr.id rriebtedness secured by sai% deed of trust,the Public Trustee of Garfield County,Colo. ,h -eby releases and quit claims unto Floyd Hickman and Elgiva E.H .. span and their heirs and assigns all the right, title and into est which he has in and to all that property conveyed in trust and Document #139232 as recorded in Book and page of .. esaid. Filed for ecord January 23,1942 at 5;08 o'clock A.M. and recorded in Book 194 at pag 540 thereof. B.H.Day,who is one and the same person as Bartle H.Day. WARRANTY DEED Dated November 29,1943 To Acknowledged November 30,1943 before Mary Alice Su livan,Nota Public,Mesa County,Colo. Consideration `"1.00 72.75 I.R.S. Conveys, inter Alia; The ESi7-w and Lot 5 of Section 34 Tp.7 S.R. 6 w.6th.P.M. and Lots 2 and 3 in Section 3 To.S S.P.96 "l.6th.p.M. except one acre for school purposes in District No.18 described as follows:be_inning at the Northeast corner of the 1�TE4•S7 of Sec. 34 Tp.7 S.R.96 VJ.6th.P.T`.,thence North 16 rods; thence west 10 rode;,: thence south 16 .rods; thence East 10 rods to the place of beginning, all in Lot 5 See.34 To.7 s.R.96 1;.6th.P.M.; and except road right of way 60 feet in width,containing 2.15 acres, which road crosses the '_'TF S",4 of said Sec.34 Tp.7 S.R.96 W.6th.p M.;together with all ditch and crater rights beloning thereto, especially the Baker Ditch No.42A with water right Priority'No. 54A in slater District No.45 together with the water therein. Filed for record January 11,1344 at 3:38 o'clock P.M. and recorded in Book 208 at page 59 thereof. Gus Morris Gus Morris MORTGAGE DEED To Dated December 1,1943 Acknowledged December 9,1943 Freida E. For tney bef o •e Helen J. Laurent, Notary ic, !iesa County,Colo. onsideration $4500.00 Conveys the same prope • ty,ditcl and water rights as last above described in and by Docui•ent 1..150773, together with other property. Provided,always, and this; presents are upon this express•condi-. tion, that if the party of ► e first part,his hoira,exectitoro or. administrators,shall pa or ause to be paid to the party of the second part, the said 'n of a x'00. according to the terms, tenor and effect of one n missory no e for the principal sum of 0500.00 bearing even date 'erewith, and .,.yable to the order of said F r lr T. 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In t•d.1.6 't!,e *-c.• Piker Dittb and all 'entrees..10 11.5 nrcerd feet -of tratortin!yr1uri4i So• 51.11'ovt. or Wsllace Cre-tit•••Also•all of rrinter's••Irterrat*.i.r)the Karl Lindaner Fuer nod Fire:trie""aoS sr Unlirided cor-half•Iaterent:':. 3 Second feet. of.vrater tvitr-t:1crIty.!•o• 211 .put.,611.lo2'o. RItitre •_,.....- ''• .trf.:.• a"; 4-.0! ,:".7:. - , • 4. • . .i.., • Z......... 1.. . • ! : ', • I; .Z. -....,•,,, „;,Y4174 v • ''. T. :''''. ..;:,..:. •.1,. :. ; • ' -.. ••• -...i........1.;•,:3.,; • ., . • .0 , t;.:•••, • `' •-• „....;•••,..•S', ...; .. ... .• . This. :covers/les li sesels'itokleci(tc:ftelatloll."Olesr_• er.t;7:1r.c...scis.-.•.;.;542;:::= rIthtt-er.wor.::- . - tS.--.4%,..1:-../.1.,:::: -°- • - . - -,•i'..-•:f..%••-•-,:e -7+, -.4:--- t•T . . :,:l'tr-4.1•;-'1.1;'.7.V•Ci!"'.: -*.::-.:- ;.-i--,"•'•••. •:....--.+••74r.:I1.!.'''-4...;"7.:. os.,"'?::',..,' .7,1 •I'ti. 1413,4",•-•i•S'I.t• :v. ..'••• -7- "---- '...•tt-',----;••••:? --....-.'1. 4--;" itikt- -A. '''' '"' 7.• " 3. -;:.• •• .... r'• ...1•77 . . ' • '. • r...-'• ••• . ... • ' ..1 r.".!.- Io•.11111.11.41 - :"' 7.' • .' '''''''-ij-1Z 6 1:. :. • :' : - . 4 r . s • . . . • ;i7 '••-•.:i 7":ii rl• 4. .... . , •:'''.‘rr.:'.!.P'..',# •-•'. ;• rI 11; : .4 -1141 i ......;,....,„: b. r • • -;•:',.‘• • 4 . • • • Tealff1211 WWI WI s.ldhsirsilm II* liandlaroasso sal soonoimasomo fkmadola loloodlat. dr b Iddirdeof opporftikse. eel Ow twirlers owl isrverollsno. ilmarihrear owl romostollesre. rale. bum Groll poefile liments rod .1 0. sagi% Arias Mac billorwii. dim sod doomad giain000nor .1 0. oil pat of Obi poisk OW la b. wive... I. .4 e• Am. Issiosmi poi% VS% l000 ood eafaloomma. • .,• • . . lla.101.w100fa10 11111110-41b Ihrist foossib-esamsa Pus eh. mi. orro........1.....• is..0.. isor.o Ira 61.-lismoilllionts . ••...........,.... I . - ';'•;-.' ):-:7. 7 t. 'st.' • -7 ..7".:.r..5 .'..7. ..'6";.s. S.'t �y }� R..cord,d .t ../D — del«Yf E B 1 3 19, 7 R•<eptien No.. 292059 DEAN M. KNOX and MYRTLE KNOX ......... . d';') Retarder. . Mhore ■ddrees ie 1091 300 Road, Grand Valley ' FEB 1 91919 Ir1T1 rtzvinur ft1 • Caunt7of Garfield ,Stateof • o Colorado for the consideration at Ten Dolls s g o/ • and other good and valuable consideration--- eltAxcxXin hens paid, hereby sell(,) and'ronvey(s) to II THOMAS E. REPPO and DOT't:A J. REPPO as joint tenants to an undivided 1/2 interest, and RAYMOND . IIOFFEFDER and DIXIE L. HOFFERBER, as Joint tenants to an undivided 1/2 interest wfo+ele;•aladdr",ia 8439 N. Delbert Road, Parker County of ! Douglas . and State of Colorado the following real property in the I I• County of Garfield and State of Colorado. to evit: i I IN TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE 6TH P.M. Section 342 Lot 1; SWSNES, Wy5E5, E',SW4 and Lot 5, EXCEPT that part conveyed • to School District 118 deScribed as follows: F ginning at the h•*; corner of the t.TE% of the WI of :Section 341 throe North O 16 rod's; t}r_nce W_•st 10 nods; thence Sot.•th 16 rocas: thence East 10 rods t>, the point of beginning. ALSO r`:C.-1'r that part conveyed to the Canty Crnmissioners for road purposes described as follows:' All that part of the N.:f','ts 30 feet m each side of a center line beginning at a point whence the 5 corner bettc-en Sections 33 and 34 of said 7t n.'tip and w>C. Range bears N. 72°39'W. 3348.3 feet; thence N. 71.10'E. 107.13 feet; thence_ N. 47°14'E. 253.01 feet; thence N. 48°02'E. 167.37 feet; thence S. 55.36'E 519.1 feet; thence N. 75°26'E. 123.5 feet; thence S. 68°34'E. 96.5 feet being !I a strip of land 60 feet in width_ (htsl parcel, contains not less than 326 acres. IN 717:SHIP 8 `all!, RAN E 96 t,'fST OF THE 6TH P.M. Section 3: Lots 2 and 3 1 PX 11 tt with all water, water rigtlts, ditches and ditch rights of way a J ': raining thereto inclu in^ wayof F' t1 following: y exanPle but nbt by way of limitation the !I • RN CIVIL ACTION # AMO T �? Baker Ditch Priorit�yy f547tp ' �• ' Yarl Landauer Pu -p and Decrc eaci Karc3t 3, 196-W3294 1.50 (G Pi se Luc_ 112 2 U \`i ;! Pipe eorr tsxxdavoober 1953 The Oil and ccs lease b3twnrr Grantors and I1rv>socxtt -ant Oil Company, recorded VON, 20, 1976 in Bock 485 Pare 164, Garfield rit�, Colorado is h� assigned se,'! tri Grant,r•s as to w real property real Fr_•n: t. i, with all its appurtenance., and e_sarrantls) the title to the same, subject to all eaawaits. restrictions, reservations, rights of way, ditches and ditch rights of way of \J I record. Subject also to 1979 rral pity taxes due and payable in 1980 and • ! all subsequent taxes and asses..nez:ts. I r T Signed this STATE OF COLORADO. County of Mersa day of Febrtytry , 1979 u_an rt, xrxix -341 . ..> 1.1 11.4 -Knox t"�F L..G` The fern ring instrument wa. sr l odledged before me this$' day of Olt? . by DEAN M. KNOX and MYRTLE KNOX Illy comml,ainn expires •L.l.... v. 2l, Ira/ tCitne.a reit hand end official .esl. • t J t m .,•: K -..n r.... 4 11 cD . Recorded et�) t_ u'ciuck /l n,1. OCT 07 6 Reception No. 3 Li?1I_ MILDRED ALSDORF, IihCOR: _ r� GIFtFIELD COUr.TY, COi s; ,. WARRANTY DEED BOOK 696 PAGE579 GARFIELD OCT 07 1986 State Doc. Fee RAYMOND J. HOFFERBER and DIXIE LEE HOFFERBER, whose address is 389 Swan Dr., City of Riviera, Mohave County, Arizona 86442, for the consideration of Ten Dollars and other good and valuable consideration, in hand paid, hereby sell and convey to THOMAS E. REPPO and DONNA J. REPPO, as joint tenants, whose address is 1091 County Road 300, Town of Parachute, Garfield County, Colorado 81635, the following described real property in the County of Garfield, State of Colorado, to -wit: IN SECTION 34, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE 6TH P.M.: Lot 1, SW4NE 4, W%SE 4, E15SW a and Lot 5, EXCEPT that part conveyed to the County Commissioners for road purposes described as follows: All that part of the NESW 4 30 feet on each side of a center line beginning at a point whence the 1/4 corner between Sections 33 and 34 of said Township and Range bears N.72°39'W. 1348.3 feet; thence N.71°10'E. 107.13 feet; thence N.47°14'E. 253.01 feet; thence N.48°02'E. 167.37 feet; thence S.55°36'E. 519.1 feet; thence N.75°26'E. 123.5 feet; thence S.68°34'E. 96.5 feet being a strip of land 60 feet in width. IN TOWNSHIP 8 SOUTH, RANGE 96 WEST OF THE 6th P.M.: Section 3: Lots 2 and 3, Together with all ditch and ditch water rights appurtenant thereto or therewith, and any and all Bureau range land allotments which may be above -referenced property, (Mailing address of grantees: 1091 County Road 300 Parachute, CO 81635) rights, water and used in connection of Land Management appurtenant to the with all its appurtenances and warrant(s) title to the same, subject to 1986 property taxes and assessments, easements, rights of way, restrictive covenants of record, reservations contained within the United States patent, a deed of trust dated February 8, 1979, and recorded February 13, 1979, in Book 522 at Page 865, re-recorded March 28, 1979, in Book 525 at Page 169, which deed of trust the second parties by the acceptance of this deed assume and agree to pay. Signed this / day of October, 16. RAOnd Hof f ber Hoffer STATE OF ARIZONA )ss. COUNTY OF MOHAVE BOOM 696 PACE5SO The foregoing was subscribed and sworn to before me this day of October, 1986, by Raymond J. Hofferber and Dixie L. Hofferber. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: re (Notary Public ec Received from: • • JOHN C. KEPHART & CO. GRAND 11 [TION LAEATINE 435 NORTH AVENUE • PHONE 242-7618 • GRAND JUNCTION, COLORADO 81501 ANALYTICAL REPORT Thomas E. Reppo 1091 - 300 Rd. Parachute, CO 81635 5239 water Customer No. Laboratory No Sample 8/6/97 8/13/97 Date Received Date Reported Sample 5239 WATER Fecal Coliform Bacteria Nitrate(N) Nitrite(N) 0 colonies/100m1 sample 0.50 mg/l 0.00 mg/1 NOTE: Samples were not taken by or composited in lab. Lowest level of detection for Nitrate is 0.01 mg/l, for Nitrite 0.01 mg/l, for Fecal Coliform 1 colony/100m1. Method for Nitrate is 353.3; Nitrite 354.1; Fecal Coliform SM 9222D. Nitrate was analyzed 8/12/97; Nitrite 8/ 0/97, Fecal Coliform 8/6/97. Director: B. Bauer FROM : COLLIN DRILLING a PUMP . PHONE NO. : 970 945 4079 Collins Drilling & Pump Service, Inc. PO Box 0526 Carbondale, CO 81623 (970) 945-4079 • Fax (970) 9632812 License No. 634 August 4, 1997 Donna Reppo 1091 CR 300 Parachute, CO 81635 Dear Donna: 04 1997 09:12AM P2 The water well drilled under permit 200893, drilled 4/16/97 at 80 feet in depth, is consistently producing 12.65 gallons per minute during a 4 hour test. I feel this is more than adequate for the designed subdivision currently under consideration by the County. If I can be of further assistance please don't hesitate to contact me. Sincerely, Bill Collins Water Wells • Piling Holes • Elevator Shafts • Pump Tanks Residential, Commercial, Agricultural irrigation • Pump Sales & Service • • 1 District: I Road: I Permit #: III 300 039-97 D GARFIELD COUNTY APPLICATION F O R DRIVEWAY PERMIT Application Date 07-29-1997 I, REPPO, GENE (herein called "Applicant"), hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach(es) on the right-of-way of Garfield County Road Number 300 adjacent to Applicant's property located on the NORTH side of the road, a distance of 0.4 MI mile(s) from INT CR 306 & CR 300 for the purpose of obtaining access to PRIVATE RESIDENCE Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed instal- lation showing all necessary specification detail including (1) front- age of lot along road, (2) distance from centerline of road to property line, (3) number of driveways requested, (4) width of pro- posed driveway(s) and angle of approach, (5) distance from driveway to road intersection, if any, (6) size and shape of area separating driveways if more than one approach, and (7) setback distance of building(s) and other structures or improvements. GENERAL PROVISIONS FIRST: The Applicant represents all parties in interest, and affirms that the driveway approach(es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right-of-way. SECOND: The Applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s) and its appurtenances on the right-of-way. All work shall be completed within 30 days of the Permit date. THIRD The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative, and all materials used shall be of satisfactory quality and subject to inspec- tion and approval of the Board of County Commissioners or their representative. FOURTH: The traveling public shall be protected during the instal- lation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the Permit. • • • FIFTH: The Applicant shall assume responsibility for the removal or clearance of snow, ice or sleet upon any portion of the driveway ap- proach(es) even though deposited on the driveway(s) in the course of the County snow removal operations. SIXTH: In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be securely braced before the fence is cut to prevent any slacking of the remain- ing fence, and all posts and wire removed shall he turned over to the District Road Supervisor of the Board of County Commissioners. SEVENTH: No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without the written permis- sion of the Board of County Commissioners. EIGHTH: Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. SPECIAL CONDITIONS RESPONSIBLE FOR TWO YEARS FROM DATE OF COMPLETION GRAVEL 50" OF COUNTY END OF DRIVE -WAY NO CULVERT In signing this application and upon receiving authorization and permission to install the driveway approach(es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the drive- way(s) in accordance with the accompanyingspecification plan reviewed and approved by the Board of County Cornmi.ssio yrs. Witness: Signed: re of Applicant) 60 EQ6='j?i5 (Address) (Telephone Number) PERMIT GRANTED THIS l DAY OF Wi 19 , SUBJECT TO THE PROVISIONS, SPECIFICAT NS, AND CONDIT ON£TIPUL.ATED H REIN. For Board of County Commissioners of Garfield County, Colorado BY: SPECIFICAT• • I ONS 1. A driveway approach is understood to be that portion of the high- way right-of-way between the pavement edge and the property line which is designed and used for the interchange of traffic between the road- way pavement and the abutting property. 2. At any intersection, a driveway shall be restricted for a suf- ficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet•be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the highway in order to maneuver safely and without interfering with highway traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the highway right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels or property having a frontage in excess of one hundred (100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the highway and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the highway right-of-way is specifically prohibited. Off -the -road parking facil- ities should be provided by commercial establishments for customers" vehicles. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than 10 percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or highway. The Applicant will be required to provide, at his own expense, drain- age structures at entrances and exits which will become an integral part of the existing drainage system. The dimensions of all drainage structures must be approved by the Board of County Commissioners or their representative prior to installation. NOTE: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch. • • 1 District: I Road I Permit #: III 300 040-97 D GARFIELD COUNTY APPLICATION F O R DRIVEWAY PERMIT Application Date 07-29-1997 I, REPPO, GENE (herein called "Applicant"), hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach(es) on the right-of-way of Garfield County Road Number 300 adjacent to Applicants property located on the NORTH side of the road, a distance of 0.7 MI mile(s) from INT CR 306 & CR 300 for the purpose of obtaining access to PRIVATE RESIDENCE Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed instal- lation showing all necessary specification detail including (1) front- age of lot along road, (2) distance from centerline of road to property line, (3) number of driveways requested, (4) width of pro- posed driveway(s) and angle of approach, (5) distance from driveway to road intersection, if any, (6) size and shape of area separating driveways if more than one approach, and (7) setback distance of building(s) and other structures or improvements. GENERAL PROVISIONS FIRST: The Applicant represents all parties in interest, and affirms that the driveway approach(es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right -of --way. SECOND: The Applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s) and its appurtenances on the right -of• -way. All work shall be completed within 30 days of the Permit date. THIRD: The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative, and all materials used shall be of satisfactory quality and subject to inspec- tion and approval of the Board of County Commissioners or their representative. FOURTH: The traveling public shall be protected during the instal- lation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the Permit. • FIFTH: The Applicant shall assume responsibility for the removal or clearance of snow, ice or sleet upon any portion of the driveway ap- proach(es) even though deposited on the driveway(s) in the course of the County snow removal operations. SIXTH: In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be securely braced before the fence is cut to prevent any slacking of the remain- ing fence, and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. SEVENTH: No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without the written permis- sion of the Board of County Commissioners. EIGHTH: Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. SPECIAL CONDITIONS RESPONSIBLE FOR TWO YEARS FROM DATE OF COMPLETION GRAVEL 50' OF COUNTY END OF DRIVE -WAY NO CULVERT In signing this application and upon receiving authorization and permission to install the driveway approach(es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the drive- way(s) rive- ways) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissions Witness: Signed: .✓/ir/ of Applicant) Mgr urs C° S415 (Address) g76 ep J(Telephone Number) PERMIT GRANTED THIS DAY OF t/L 19 . SUBJECT TO THE PROVISIONS, SPECIFICAT NS, AND CONDIT .NS-:PULATED IE -DEIN. For Board of County Comrni; loners of Garfield County, Colorado BY: 1 1. • • SPECIFICATIONS 1. A driveway approach is understood to be that portion of the high- way right-of-way between the pavement edge and the property line which is designed and used for the interchange of traffic between the road- way pavement and the abutting property. 2. At any intersection, a driveway shall be restricted for a suf- ficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet'be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the highway in order to maneuver safely and without interfering with highway traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the highway right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels or property having a frontage in excess of one hundred (100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the highway and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the highway right-of-way is specifically prohibited. Off -the -road parking facil- ities should be provided by commercial establishments for customers' vehicles. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than 10 percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or highway. The Applicant will be required to provide, at his own expense, drain- age structures at entrances and exits which will become an integral part of the existing drainage system. The dimensions of all drainage structures must be approved by the Board of County Commissioners or their representative prior to installation. NOTE: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch. • • I District: III I Road: 300 I Permit #: 038-97 D I I GARFIELD COUNTY APPLICATION F O R DRIVEWAY PERMIT Application Date 07-29-1997 I, REPPO, GENE (herein called "Applicant"), hereby requests permission and authority from the Board of County Commissioners to construct driveway approach(es) on the right -of --way of Garfield County Road Number 300 adjacent to Applicant's property located on the NORTH side of the road, a distance of 0.0 MI mile(s) from INT CR 306 & CR 300 for the purpose of obtaining access to PRIVATE RESIDENCE Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed instal- lation showing all necessary specification detail including (1) front- age of lot along road, (2) distance from centerline of road to property line, (3) number of driveways requested, (4) width of pro- posed driveway(s) and angle of approach, (5) distance from driveway to road intersection, if any, (6) size and shape of area separating driveways if more than one approach, and (7) setback distance of building(s) and other structures or improvements. GENERAL PROVISIONS a FIRST: The Applicant represents all parties in interest, and affirms that the driveway approach(es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right -of --way. SECOND: The Applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s) and its appurtenances on the right -of --way. All work shall be completed within 30 days of the Permit date. THIRD:. The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative, and all materials used shall be of satisfactory quality and subject to inspec- tion and approval of the Board of County Commissioners or their representative. FOURTH: The traveling public shall be protected during the instal- lation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the Permit. • • FIFTH: The Applicant shall assume responsibility for the removal or clearance of snow, ice or sleet upon any portion of the driveway ap- proach(es) even though deposited on the driveway(s) in the course of the County snow removal operations. SIXTH: In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be securely braced before the fence is cut to prevent any slacking of the remain- ing fence, and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. SEVENTH: No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without the written permis- sion of the Board of County Commissioners. EIGHTH: Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. SPECIAL CONDITIONS RESPONSIBLE FOR TWO YEARS FROM DATE OF COMPLETION GRAVEL 50" OF COUNTY END OF DRIVE -WAY NO CULVERT In signing this application and upon receiving authorization and permission to install the driveway approach(es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the drive- way(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioner, Witness: Signed: (Signatirefof Applicant) /� ( t 3e.°l (Address) Z5' -7 6 9s t ,04, C6 g`� (Telephone Number) PERMIT GRANTED THIS ` DAY OF `� 19 -7 , SUBJECT TO THE PROVISIONS, SPECIFICA ONS, AND CONDIT'ONS S IPULATED HEREIN. For Board of County Commissioners of Garfield County, Colorado BY: C��,_ SPECIF• • 'CATIONS 1. A driveway approach is understood to be that portion of the high- way right--of-way between the pavement edge and the property line which is designed and used for the interchange of traffic between the road- way pavement and the abutting property. 2. At any intersection„ a driveway shall be restricted for a suf- ficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 'feet be provided and for rural commercial entrances a. minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or rasing them will be able to obtain adequate sight distance in both directions along the highway in order to maneuver safely and without interfering with highway traffic, 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the highway right--of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels or property having a frontage in excess of one hundred (100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the highway and of any angle between ninety (90) degrees and sixty (60) degrees but shall riot be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas an the highway right-of-way is specifically prohibited. Off -the -road parking facil- ities should be provided by commercial establishments for customers" vehicles. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the norrnal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavernent edge. Approach grades are restricted to not more than 10 percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or highway. The Applicant will be required to provide, at his own expense, drain- age structures at entrances and exits which will become an integral part of the existing drainage system. The dimensions of all drainage structures must be approved by the Board of County Commissioners or their representative prior to installation. NOTE This permit shall he made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch. • • DECLARATION OF WAIER WELL COMMUNITY SHARING AND MAINTENANCE TLIIS DECLARATION is made this day of August, 1997, by Thomas E. Reppo and Donna J. Reppo (hereinafter the "Declarant"), owner in fee of that real property described as the REPPO SUBDIVISION EXEMPTION, County of Garfield, State of Colorado. T 1 RECITALS 1. The Declarant is the owner of the above-described property. The Declarant and his successors in interest shall be the owners of Well Permit No. 200893 and shall be the joint owners of a water well, casing and pump constructed and installed by Declarant for the purpose of providing domestic water for all permitted uses on those real properties described as Lots 1, 2 and 3, Reppo Subdivision Exemption, Garfield County, Colorado (hereinafter as "Lots"). 2. The well and casing and pump shall be utilized by said owners as lawful water right. 3. The water well and system will require completion, continuing maintenance and operation, the costs of which must be borne by the owners and users thereof. 4. The well permit contemplates perpetual, though not constant, use and operation of the well , pump, and the appurtenant structures. 5. By this Declaration, Declarant intends to clarify respective rights and duties and establish easements and procedures for the joint operation of the water well and the delivering of water to the properties of the owners, and for the provision of a method for equitably dividing the water derived from the operation of the system, and for the equitable allocation of the shared payment of costs or operation and maintenance of the water well and its pumps and other structures by all of the owners. Declarant imposes these obligtions on each of the three (3) Lots as covenants running with the land. II WELL SHARING AND MALNTENANCE PROVISIONS 1. The Declarant hereby declares that the owners of each Lot shall be deemed to own an undivided one-third (1/3) share of the subject well permit, well, pump, power source for the pump, fittings at the well head, meter, pumphouse, foot valves, and any pipes or pipelines and any other structures which are jointly used (whether existing now or to e installed at a later time. The owner of each Lot agrees to pay for and install pipe or pipeline from the well. which well shall the located on Lot 2, to each owner's Lot. 1 • • 2. No owner of any Lot will be deemed to have any ownership right in and to any pipe, pipeline or other structure used or required solely by the owner of another of the Lots which may utilize any portion of the water flowing from the water well and its structures. This agreement does not intend to relate to such non -shared property of other owners nor to obligate any party to pay any costs associated with non -shared structures. 3. The owners of the Lots shall cooperate with each other at all times in all matters necessary to promote the proper construction, completion and functioning and use of the water system in such manner as to provide to their respective users an optimum water supply on demand at all times possible based upon the natural avea'...V cf water. The owners of the Lots agree to not waste water and to endeavor to use no more than their respective shares of the available water. No individual water meters must be installed at this time. If at any time after the date hereof, any owner requires that meters be installed, then all of the owners shall install meters at the individual expense of each owner. If water meters are installed, periodic operating expenses (primarily electricity) shall be borne in the proportion by which each party actually uses the well as shown by the water meters. All other costs shall be allocated as elsewhere provided in this agreement. The installation of water meters shall not permit any owner to use more than his proportionate share. Waste or over -use shall be deemed to be a material breach of the agreement for which the non -defaulting parties may seek remedy at law or equity for damages or for injunctive relief, or both. Unless otherwise agreed by all the owners, no owner shall use more than one-third (1/3) of the water legally allocated to the well. In the event the water physically available from the well is less than the legally available amount, then each owner shall proportionately reduce the consumption of same to one-third (1/3) the amount actually available. 4. The actual and continuing costs of operation, maintenance, construction, extension, upgrading, cleaning, repairing, and all other work required on shared components of this water system to cause the water at the well to become and remain available to deliver water to the Lot owners shall be shared by the Lot owners in proportion to their share in the well. This agreement shall relate only to costs incurred after the date hereof. Nothing in this Declaration shall require reimbursement by any owner to any other person or owner for any costs incurred prior to the date hereof, and Declarant shall not receive reimbursement for the construction and installation of the well. Electrical charges for the operation of the well shall be shared equally, or in the event meters are installed, in proportion to the water utilized by each owner. In the event the electric service to the well is not separately metered, the costs of electric service shall be estimated, based on the power demand the well service adds to the service of the owner paying a public utility for the electric service. No operational costs will be charged to any owner until such owner actually makes a physical connection to the well and begins using water from same. 5. Subject to the provision in Paragraph 4 above, any owner who has been using water from this system and at any time elects not to share in costs, necessary repairs, maintenance, replacement and the like necessary to maintain the water well and deliver 2 the subject water, shall no�eceive water from the system. At such i e as said electing owner chooses to resume use of water from the system, said owner may do so upon reimbursement to the other users the full cost of said owner's share of such expenditures with legal interest retroactive to the expenditure date. 6. The Lot owners shall cooperate in the maintenance, operation, repair, replacement or improvement of all common facilities. In the event the owners are unable to agree on any required maintenance, repair, replacement or improvement, any owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event an owner determines to undertake such work unilaterally, such owner shall notify the other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners with a written statement of the work performed and the other owners' proportionate share of the cost of same. In the event the other owners fail to pay any amount due within thirty (30) days after presentment, the owner who has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity for a breach. The Court, in its discretion, may award to the prevailing party court costs and attorneys' fees incurred. 7. The owners of each of the Lots shall be deemed to grant by this Declaration such permanent, non-exclusive easement across their property as necessary and sufficient for this agreement to be performed for the benefit of each of the owners as users of the shared pump and common pipeline or treatment system, and structures. This Declaration shall be construed to be a grant of an easement for non -shared or individual pipelines conveying water to the individual residential Lots, in location(s) on Lot 2 to be determined upon conveyance of Lots 1 and 3 by Declarant. 8. Nothing in this Declaration shall by itself be construed as a transfer of any water right or appropriation of waters heretofore acquired or owned by any owner. No owner shall interfere at any time with the proper use by any other Lot owner of its interest in any water structure. The Lot owners shall indemnify and hold harmless other Lot owners and users from any loss or damage caused by the acts of said indemnifying party. 9. The term hereof shall be perpetual. 10. This Declaration shall be binding upon and inure to the benefit of the Lot owners and their assignees or successors, and the easement and covenants in this Declaration shall be deemed to run with the land and shall encumber the land of each owner for the benefit of the properties of the Lot owners and ascribed herein. 11. The laws of the State of Colorado shall govern the validity, effect and construction of this agreement. 12. All provisions of this Declaration, including all benefits and burdens, shall run with the respective Lots subject hereto and shall be binding upon and inure to the benefit of the 3 heirs? assigns, successors aG a personal representatives or the Declai t, subject to the provision hereof. IN WITNESS WHEREOF, the Declarant has executed this Declaration as of the day and year first above written. Zi-3,t7fr.) Thomas E. Reppo STA 1'h OF COLORADO ) )ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this 2'%Lday of August, 1997, by Thomas E. Reppo and Donna J. Reppo. Witness my hand and official seal. My commission expires /0-c73 "0?D® 0 Notary Public Mk =3 r0 ,1997 Thomas E. and Donna Reppo 1091 Road 300 Parachute, Colorado 81635 970-285-7695 July 29, 1997 To the Board of County Commissioners c/o Mr. Eric D. McCafferty, Garfield County Planner 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 Subject: Request for Extension on Petition for Exemption Ladies and Gentlemen: With regard to the conditional approval granted by your Commission on April 7, 1997, we have encountered some delays in getting a survey and other requirements. Therefore, we respectfully request an extension of 90 days to comply with the conditions. Thank you in advance for your consideration of this request. Sincerely, 42-020 Thomas E. Reppo ' ce Donna Reppo ok. ///.07 "9/M.? • • TxrjrrAs E • AND DONNA RE:PPo 1091 Road 300 Parachute, Colorado 81635 970-285-7695 November 17, 1996 Board of Garfield County Commissioners Glenwood Springs, Colorado Subject: Petition for Subdivision To Whom It May Concern: The exemption is being requested because the subject parcel is of minimum use in our ranch operations, but it would be very suitable for home sites. Your consideration of this request is appreciated. Sincerely, #2- c Thomas E. Reppo 61-4,44-0_ -40 Donna Reppo