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Home My WebLink About5.0 LawsuitPUBLIC NOTICE TAKE NOTICE that F. Peter & Dorothy M Simmons have applied to the Board o f County Commissioners, Garfield County, State of Colorado, to grant a Subdivision Exemption in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Exhibit A Practical Description: Located approximately two (2) miles north of the Canyon Creek I-70 Interchange, off of County Road 137. Said subdivision exemption is to allow the petitioners to divide a 38.5 acre parcel into six (6) tracts of 13.9, 12.0, 3.6, 3.0, 3.0 and 2.9 acres each in Si 7P on the above described property. All persons affected by the proposed subdivision exemption are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objections to such subdivision exemption request, as the Board of County Commissioners will rove consideration to the comments of surroundingproperty owners and others affected in deciding whether to grantor deny the request for the subdivision. exemption. This subdivision exemption application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. That public meeting on the application for the above subdivision exemption request has been set for the 8th day of August, 1995, at the hour of 11:00 a.m., at the office of the Board of County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County PLAINTIFF'S 1 EXHIBIT f 00 E DEPOSITION EXHIBIT Irckenn►:S PROPERTY DESCRIPTION A parcel of lend situated in the SW1/4 of Section 24, Township 5 South, Range 90 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; veld Parcel being more particul*rly described as follows; Commencing at the West quarter corner of *aid Section 24, a 9LN Aluminum cap in place, The True Point of Beginning; thence N. 88 degrees 37'35' E. along the East-West centerline of said Section 24 2599.01 feet to the center quarter corner of said Section 24, a 8LN Aluminum cap in place; thence S. 02 degrees 14'35' E. along the North-South centerline of *aid Section 24 748.89 Leet to the Northwest corner of that property described In Facsption Mo. 416366 of the Garfield County Clerk and Recorder's cffice; thence leaving said North-South centerline the following (5) five courses Along the Northerly line of that property described in laid Reception No. 416361. 1) S. 88 degrees 37'35' W. 862.92 feet; 2) N. 69 degrees 10'28- W. 853.79 feet; 3) S. 88 degrees 37'35' W. 500.00 feet; 4) S. 01 degrees 22'25' E. 385.00 feet; 5) S. 88 degrees 37'35- W. 476.71 feet to a point on the Masterly line of said Section 24; thence N. 00 degrees 22'OO- W. along (aid Westerly line 797.59 feet to The True Point of Beginning. COUNTY Or GARFIELD STATE or COLORADO 1'5'/9£3 111 tto9+/ Si d►r3 "A► 'Q 2/Vine 0t!! dv:) 1 yr,./s4 U'11 r S v ►ia(Vori o �Efat�3{�� , y, Y�✓✓ami� `' Ci/J-‘404-0 ec9c9C / 'aoildb3t1 )VU't) stun no (03ta3k3ryveY 3a at SkN3div) lq+ K1 VS les not tneouhk .J Fitt v301 31Yn+xoUaJY— X w 0 N 0 QD L►8911 S1 rvZ 'Y ilYkfl 0t(! - .1 Y40'1371 .. QT' _ d 1 ").:1 a:.61 ova A/1�.kf10 • O4U t[ryQ V laid tit 111 �tU S`.jy LSst rod L)l1Stx3 JYJ nn1Y 'n1 (pp! tz Noup-tS ►\t 20.Ik,D )O3tfl HCAWJ :SYJ 3) tlo1M01 i YrrAokwY jaat1131vdJ - •dt) b31,4M 4nN1Ta1>3ttn )tr11V`) coots 3:1 '135' Qat r J 1ner441i Fb» do_ ?414YD0-1 aa%u3jJ if % 3.crst `.flOti ( i`` 46Sti<I Sl 311;) MO11Yn1 tg-v3a �dY7 +F tiv0it! OY! .5) NOUVJ01 331vriiX3 JJY rr "�� tt U 00z - Wu' I ( Lail 10 ) 11111 we • � )1V3S 3Iljdvi1D OJ LTO ILVELS t UT t1'JnV►JL!IO ALLN110; .I ILLS TI ILI! AO ` "AA . 06 y(1//1_ ct 7 M_ _N _ ClaLVa11IlIS QNVi AOI 1 lb1:p1 �� t' pity . `d: _i= _ _ ^_ �_ b� .t menv alihaVAV Ti n { 51'1$1 I09IO 03 'S91111JS x00/1/IIID LCI QYOE )UW103 SNOWIIIS 'PI AI/J0210(T 213124 • The undersigned hereby states and affirms that the attached documents are copies of official records and reports of the Garfield County Planning Office, State Of Colorado. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. Subscribed and sworn before me this day of July, 1997, by Witness my hand and official seal. My commission expires: Notary Public • �� 111i1:0Rl 'I'I Ile it )ARI) OF COUNTY COMMISSIONERS OF GAR 1'I till) COUNTY, (:'OI.ORAI)() P1::I fl'I(_N_F0ft IiXliMI'_I'1QN Pursuant to C.R.S. (1973) Section 3I)-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 198'1 Section 2:20.49, I he unden;ignetl Rosemarie Gies respectfully petitions the Board uf('unnly C.'onunissinners ()Ilia' lick' County, Colorado, to exempt by Resolution the division of acre tract of land hilt) two (2)_ tracts of approximately - 11.88 and 672 acres>aock more or less, from the definitions of "subdivision" and "subdivided land" as the lernasarc used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield C'nunty Subdivision Regulations for the reasons slated below: The parcel to be created is divided from the remainder of Applicant's property by natural features and County Road 137, thus prohibiting joint use. S I i I11\41'1.1'A I. It I?Ol 1 1 It l;. rvi I a`f l'S: An application which satisfies the review criteria must he:;ubnaillcd with all the following information: A. Sketch map at a minimum st:aie of 1"=2(10' showing the legal description oldie propel (y, dimension and arta of;all lots orseparale interest:; In becrealecl, access to a public light -of -way, and any proposed casements for drainage, irrigation, access or utilities; Il. Vicinity neap at a minimum scale of I"-20011' showing the general topographic and geographic relation of the luoposcd exemption to the surrnunding arca within Iwo (2) guiles, for which n copy of I.1.S.(;.S. quadrangle map may be used. ('. Copy of the deed showing ownership by the applicant, or ;t letter from the property owner(s) 'dottier than Ilse applicant; and I). Names and addresses of owners ()I' record of land immediately adjoining and within 2(1(1 feet oldie proposed exemption, mineral uwnc'sand lessees of mineral mvners of record of the properly to he exempted, and tenants ()limy structure proposed for conversion, and 1:. Evidence of the soil types: and ciharade'isliCs ()leach type; and F. Proof of legal and adegnale source of domestic water for e:acla Int treated, method of sewage disposal, and leper of approval of lire protection plan from :appropriate lire (list' id, :and (;. If connection to a community of municipal walcr or sewer system i:; proposed. a letter from the governing hotly slating a willingnt.... 10 servc;;uul I I. Narrative explaining why exemption is being requested; and It shall he demonstrated that the parcel existed asdcscrihed on January 1, 1973 or the parcel as it exist:; presently is nue (I' not ()loge than Three parcel:; created from a larger parcel as it existed on January 1, P)73. I. A I:3110.111) tee :mist be submitted wilt' the application. CaIola, Iloupt & Light, P.C. (Z��zzi� Claluu r I' , by Sherry A. Caloia, Esq. 1204 Grand Avenue Mailing Allures; Glenwood Springs, CO 81601 City Slnlc L270LO45-6067 'I'cic:phnne (Jtunbcr PLAINTIFF'S EXHIBIT t( 1?.X1 (II I'IL)N A PPLICA 1111.1'1.1' The Board oI'(::ounly Commissioners has the dis.welionary power to exempt a division of land from the definition 01" subdivision and thereby from Ilhc procedure in these Itegulalions, provided the Hoard determines that such exempt ion will not impair ordefeat the staled purpose of the Subdivision Regulations nor he detrimental lo Ilse general public welfare. The 1lnard shall stake exemption decisions in accordance with Iltc rctptirctnents of these regulations. following a revit: v of the individual facts of each application in light of the requirements of these Regulations, Ilse hoard may approve, conditionally approve or deny an exemption. An application for exemption mast satisfy, ala minimum, all of the review criteria listed !clow. Compliance wit It Ilse review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Itcgnlations. A. No mote than a total of lour el) lots, parcel:;, interests or dwelling units will be created front any parcel, as that parcel was described in the records of the (arlield County ('ler!; and Recorder's 011ice on January 1, 1971, and is not a part of a recorded subdivision; however, any parcel to be divided lay exemption that is split by a public right-of-way (Slate or federal highway, County road or 1ail1oa(1) or natural feature, preventing joint use of the proposed tracts, and the division occur:; along the public right-of-way or natural feature, such parcels thereby created may, at the discretion of the hoard, not be considered In have been created by exemption with regard lo the four (•1) lot, parcel, interest or dwelling unit Itntilalinn otherwise ;applicable; 11. All C iatlield (:oaotly zoning rctluiauu :nls will 1 : nt.:l; and All lots created will have legal access Io a public 1 ighl-of-w;ty and any necessary access casements have been obtained or ;ire in the process of being obtained; and 1). Provision has been oracle for an adequate source of water in leans of both I he legal and physical duality, grtattlity and dependability, and ;tsuitable type of sewage disposal to serve each proposed lot; and All stale anti local environmental health and safely retltritcntenls have been stet ora e in the process of being stet; and 1. 111 ()vision has been made for any required road or:;lorna drainage intptuvt ntwnls; smut (;. Fire prnleclion has beam approved by the appropriate lire district; and 11. Any necessary drainage, irrigation or utility easements have. been tblsoloed or nt&: in the. process of !wing obtained; and School fees, taxes and special assessments have been paid. (Ilse School Impact Fee is.7.2OI).00 for each new lot created). 14R OCI?I11 Ila 1ES A. A request for exemption shall he submitted to IIie hoard on forme; provided by Ilse (;at I ield Comity Department of I levelopntenl/I'I;Inning Division. Two (2) copies of lite application traps and supplemental information shall he submitted. 11. The Planning Division shall review Iheexentplion request forcrnnpleleness within eight (ti) days uI' submittal. 11 incomplete, Ilse application shall be withdrawn from consideration and the applicant notilied(of Ilse additional information needed. If the application is eontpletc, the applic;ml 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 care, notification sIIaII occurwitllin fifteen (15)(lays ofsubmittal. 1Iolice (tithe public meeting shall he mailed by certified mail, return receipt requested, to owners of record of rill immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed forexcmplion, and to tenants ()laity structure proposed for conversion. the exemption site shall he posted clearly mal conspicuously visible from a public right-of- way with malice sign:; provided by the I'Luuning Division. All notices shall he mailed at least fifteen (1 5) and not more Than thirty (10 days prior lo the meeting. The applicant shall be responsible for mailing Ibe notices and :;hall present proof of mailing at the nu:eling. I). At or within fifteen (15) days ol'the meeting, the Board shall approve, conditionally approve or deity the exemption Iequesl. The reasons fur denial or any conditions of approval shall be set 1111111 iu the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow du:subdivision procedure in these regulations. EXEMPTION PARCEL • tY'v: r• ,rp' 26 { trAt � 11 •Y 1.. 13 • M -18 26 17 2 67 • e n. r� 22 : .rrt{j . 4r'i1F itQ !• r t, ,• tx. ,. ..r: r' yam. • y • > 65 • 67 j .; r1.i�1 �i1y ) ,1, ,, r; 26 C tl 14 65 69 25 25 7 ). 'tr • vsrt 1 30 .41 • 2 Organic matter content is high. Surface runoff is , and the erosion hazard is slight. This soil is coca - ally flooded for brief periods between April and Sep- :er. ''is soil is used mainly for grazing, wildlife habitat, and ad irrigated hay. Good management of water and izer maintains or improves the production of native ie native vegetation on this soil is mainly wildrye, atgrass, needlegrass, and small amounts of forbs shrubs. 'hen range condition deteriorates, dandelion, yarrow, Abrush, big sagebrush, and Kentucky bluegrass in- ose. Properly managing grazing maintains and im- ies range condition. Basin wiidrye, slender wheat- s, and western wheatgrass are suitable for seeding. paring a seedbed and drilling the seed are good aloes. Fencing protects this more productive soil. 3 soil is lower than surrounding soils and usually con - .s the water supply for livestock. Reducing brush im- ves the range. ,luie deer, snowshoe hare, elk, coyote, and blue use find habitat on this soil. ;ommunity development is limited by floc -ling. This I is a good source of topsoil. "his soil is in capability subclass VIe, nonirrigated. 34— . anna silty clay loam, 25 to 45 percent slopes. is moderately deep, well drained soil is on mountain - es. Eievation ranges from 6,500 to 7,600 feet. This Ii formed in material weathered from shale. The aver - e annual precipitation is about 17 inches, the average nual air temperature is about 43 degrees F, and the erage frost -free period is about 100 days. Typically, the surface layer is grayish brown silty clay am about 9 inches thick. The subsoil is light brownish ay day and light gray silty clay about 15 inches thick. le substratum is light gray channery clay loam about 6 :nes thick. Weathered shale is at a depth of 30 inches. Included with this soil in mapping are small areas of :,ilard day and shale outcrop on steep and very steep ountainsides. These areas make up 10 to 15 percent the map unit. Permeability is slow, and available water capacity is -w. Effective rooting depth is 20 to 40 inches. Surface :Hoff is rapid, and the erosion hazard is severe. This soil is used mainly for wildlife habitat and limited razing. The native vegetation on this soil is mainly Gambel ak, serviceberry, snowberry, and elk sedge. When range condition ceteriorates, fcrbs and shrubs icrease. When the range is in poor condition, Kentucky :iuegrass, weeds, and annual plants are numerous. 'ropPrly managing grazing maintains and improves ant ndition. Mule deer, wild turkey, and cottontail rabbit find habitat ;n this soil. SCIL SURVEY Use of this soil for community development, for sani- tary facilities, and as a source of construction material is limited by steep slopes, high clay content, low strength, depth to bedrock and shrink -swell potential. Road con- struction and building foundations can be designed to reduce the effects of shrinking and swelling. A good drainage system reduces soil slumping. This soil is in capability subclass Vile, nonirrigated. 65—Torrifluvents, nearly level. This broadly defined unit consists of deep, well drained to somewhat poorly drained, nearly level soils on flood plains adjacent to the Colorado and Roaring Fork Rivers and their major tribu- taries. Slope is 0 to 6 percent. The soils formed in alluvium. These soils are stratified and vary widely in texture and depth. The surface layer ranges from loamy sand and fine sandy loam to silty loam and clay loam. The underlying layers are generally sandy loam or loam strati- fied with sand, gravel, and cobbles. In some areas gravel and cabbies are on or near the surface. The water table fluctuates between depths of 2 and 4 feet and in some years is near the surface during spring runoff from snowmelt. These soils are subject to brief, occasional flooding late in spring and early in summer. Included in mapping are small isoiated areas of Wann soils that have sleces of 1 to 3 percent. Small areas of soils that are mocerately to severely affected by alkali are identified by an alkali spot symbol. Small, isolated areas where water stands at or near the surface ail year are identified by wet spot and marsh spct symbols. These areas make up 15 percent of the map unit. These soils are used for wildlife habitat. recreation, and some grazing. The native vegetation is mainly cottonwood, willow, tamarisk and water -tolerant grasses, sedges, and rushes. In many areas these soils are suited to production of Fremont cottonwood. The soils are capable of producing 230 board feet of timber per acre from a fully stocked, even -aged stand of 40 -year-old trees. Where these soils are accessible, they provide shelter and forage for livestock. Mule deer, cottontail rabbit, coyote, bobcat, ducks, geese, and other native birds find food and snelter on these soils. Where feasible, planting food plots, trees and shrubs, and nesting cover enhances the habitat for upland wildlife. Where the water tabie is high, open water for waterfowl and fish can be developed by blast- ing or by excavating. These soils have potential for recreation. Wildlife is abundant, and the nearby rivers can be used for rafting and canoeing. Community development is very limited by flooding, the seasonal high water table, and variable texture. Cnsite investigation is necessary. These soils are in capability subclass Vllw, nonirrigat- ed. plFLE AREA, COLORADO 6 percent. The Morval soils are in higher Tying areas and have slopes of 3 to 12 percent. These areas make up 10 to 15 percent of the map unit. permeability is moderately rapid, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moderate. This soli is used mainly for wildlife habitat, limited grazing, and some irrigated hay and pasture. The native vegetation on this soil is mainly wheat- s, needieandthread, and sagebrush. When range condition deteriorates, fortis and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Property managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition. Crested wheatgrass. western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling tne seed are good practices. Mule deer, cortontai rabbit. squirrel, ano wiic turkey find habitat on this soil. Community development is limited by the large stones. This soil is in capability subciass IVe, noniricatec. 14—Chilton channery loam, 6 tc 12 percent slopes. This deep, well drained, rolling soil is on alluvial fans and es of valleys. Eievation ranges from 5.000 tc 6.500 .pet. This soil formed in altuvwm derived from red -bed shale and sandstone. The average annuai precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is about 120 days. Typically, the surrace layer is reddish brown channery loam about 13 inches thick. The substratum is reddish brown, light brown, and pink very channery sandy loam and very cobbly sandy loam to a depth of 6C inches. Included with this soil in mapping are small areas of Begay and Morval soils. The Begat/ soils have slopes o: 6 to 12 percent. The Morval soils are in higher lying areas and nave slopes of 3 to 12 percent. These areas make up 10 to 15 percent of the map unit. Permeability is moderately rapid, and available water capacity is moderate. Effective rooting aeptr. is 60 inches or more. Surface runoff is slow, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat and crazing. The native vegetation on this soil is mainly wheat - grass, needieandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding 'm- oves range in poor condition. Crested wheatgrass, .astern wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Mule deer. cottontail rabbit. squirrel, and wild turkey find habitat on this soil. Community development is limited by slope and large stones. Thiz sol: is it capability subclass Vie. nonirrigated. 15—Chilton channery loam. 12 to 25 percent slopes. This deep, well drained, mcderately steep to hilly soil is or alluvial fans and sides of valleys. Elevation ranges from 5.000 tc 6,500 feet. This soil formed in alluvium cerved from red -bed shale and sandstone. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is about 120 days. T ypicaily. the surface layer is reddish brown charmer, loam about 13 inches thick. The substratum is reddish brown, lignt brown, and pink very channery sandy loam and very coboiy sandy loam tc- a depth of 60 inches. lncivaed wit!-. this soil in maooinc are small areas of Bec,ay and Morvat soiis that have sioces of less than 12 percent. These areas make up 10 to 15 percent of the map unit. Permeability is moderately rapid. and available water capacity is macerate. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the ero- sion hazarc is severe. This scii is used mainly for wildlife habitat and crazing. The native veaetatior: on this soli is mainly wnea;- grass. needleandthread. and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- bie weeds and annual plants are numerous. Properly managing crazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition it tne less sioping areas. Crested wneatcrass, western wheatgrass, and Russian wiicrve are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Mule deer, cottontail raboit. squirrel, and wiid turkey find habitat on this soil. Community development is limited by steep slopes and large stones. Cut slcoes should be reveoetated im- mediately tc reduce erosion and prevent gullying. This soii is in capability subclass VIe, nonirrigated. 16—Cimarron loam, 2 to 12 percent slopes. This deep, well drained, nearly level to undulating soil is in narrow mountain valleys and drainageways. Elevation ranges from 7,500 to 9,000 feet. This soil formed in alluvium derived from basalt. The average annual precipi- tation is about 18 inches, the average annual air tem- perature is 39 degrees F, and the frost -free period is Tess than 75 days. Typically, the surface layer is dark grayish brown loam about 4 inches thick. The subsoil is grayish brown silty k4 331.3419 MAY 12 19 L 4,4e.1 r ',1!. D1r�Lr� ..r.•r,r.i.r GARFIELD fit' \ It1 1•111•,r I'Ith+F\I� 111,, 1!I�'t'!' 1.. :ar•rtn*.i ,j,rG• MAY 12 1988 i r c. Stats Dor. Fie c►.''' 15 $ .1 .tl —.lid, nl (ar• it i. ! . •1,111 :41,1f r '.(1 nlnralln !..r 1 h.' r•ntisiti'rfltlon of i'. 1IC "lir!, .: r'r %.:41' \',\i.1\ItrJ: • ' .. .ITT:,1'1'T N ,:• •,•,:.r h 1 . In• •li. FF :' I,.•. t : l r • 1.\!' ' . �. •.; r• 1 72 va, I(,,1 Or' •":1'INM 11; r,•:,I:• ri,l,.••• .:11:111•'11 /Its R•11'. (• 11,1 _ 111,•1 I,.• S1:1ti• nl 1',.rn!•h11n, •1lnt�•r,f atrf told and State of ••','"1•••1• 35 ! 4 1 17 ',nod, G1(!r x Sprincis, Cr) 81601 iJ I1 ,rr .19 88 . _. ___ISEALI - [BF.TNKL1?Y 13. BRCWN , f vt GK;7NIA RCBERTS A5 Cr.)—TMJSTFES Cr TUE .-. BR.INKTJ'Y B. t3ROAN'TRL'Sr !SEA LI 1:' °r ^s 131(174k:11Y It . , 117 ,SND 1r71X;TNT)\ r?f'rWN PC1W R'r , AS cr)••'rF,.;S,t.�•5 Gam' T1 II: 1',1?1tlf:FL"; ;iT tt•..... . •.o.ir• ra�'T ,tn...- •ne 113111.1 :.1••1•.il,. i:•I •«i I. 11 ` f • A. r1e,i,, , I'r'Fitl^ I I I f' ^.n'rf'l l , PAP:F. rt i WrFr l' , r'i'll r . ti . 9r.r..r.1,'11 1: I,r:. t, r'into.,. ..;Ecr10N In: NI11Fti ::r:r••1'tnrl ;1: i.nt , 1 anri 1, tlr,;:'IJti. NW'1r1Wti, NF;ti 'T'r'Idi1S'rtli r• ar:rrt'tl. RAuJ(:F. fl)L Nr:r'1', r'111 r.11. rrr ••r'r oN ,'. 4 : t.r 1 1 incl 1 1rWt1S;1 I f r ° - t r'T'1 i . PART. 10 WEST, r'11 I ,.x7'•1.1 n13 21: r:`sriWN , 11F11, ;JFy FV ''nttTJT? 'tF r;APF1EL11 •f•A•1 F nF r'r'r,iPAl trl rogo,-nor with any And all well, ::pr.inc. pond, resor•toir and. ,,h ,.,`r.trtut os, water. rights And •aster resources, appurtenant rns^rl upon or in any way henef i.f:t.i.na above-d*scr ..nt low ahod l •r•"pnrr•1 including, hut not by way of limitation, ing -r-ci r i, -a 1 1 y ,insrr.'i hod wat_or r. i ahts.: The warner. Ditch (W039) Priority No. 143E water rigor or.i.-1ina1.1 y. decree•l for 0.4 cfs in C.A. No. 1.148, on November 2), 1105, c-;i.rh an appropriation 'into of June 1, 1889; n 111, n Tho Wa rnor. Ditch (WD19) Priority r. No. N291 9 W -Rot -rrin right, i ai na l l y decreo�i f.or. 4 . r,5 rf : .in hr r 10 , 1966, wi.t:h an appropriation date of June 1, 1920; Tho i owi s 11o. i Ditch water richt nriainally decreed for 0.44 of s, conditionally in C.A. 1148, on November 22, l9n5, with art Appropriation date of June 1, 1895; 1,. Tho r,r,ui s No. 1 Ditch water right originally decreed for 0.16 c•fs, conditionally in C'.A. No. 1148, on ttovomhor 22, 1905, with an appropriation date of June 1, 1905; E. 'rhe t.r'wi.G No. 1 Ditch (WD39) Priority No. 289 water right originally decreed for 1.01 cfs in C.A. No. 4914, on Novem- her. 22, 1966, with an appropriation date of June 1, 1920; 1- Tho r,rwi s No. 2 Ditch (WI)19) Priority No. 154(3632 water richt o. om- originally ".ret 2, 91)3, r,ol for 0.04 cf5 in with an appropriation(d to rof .lune 11,0n 1895: t. r 1.7., 1. , '1•ito I.rwi.s No, 2 Ditch (WT) 39) Priority No. 79') wat.or ••r.i.•sin.il.ly docrond for 1.1 cfs in C.A. 11n. 4914, on tlovnmher 10, 19�r with an appropriation date of Juno. 1, 1,2.1; N. '1hn Anster No. 1. Ditch (WD 39) Priority o. N 287 74watorttoveml- or.i.ai.nall.y r�orr.eod for. 1.48 fs in her lr), l.166, with an appr•.rtr.i.arinn date of. J+tno 1, 1.97.0; Tho Pr^arnn Nn. 1 Ditch (:n)19) rr).or.it.y No. 288 water right cf.; in C.A. Ito. 1�7r,. ri j rr 1 lj ' r�! rnori for 7. 4 n 1 ROSEMARIE GLAS P. O. Box 5172 Aspen, CO 81612 (970) 945-0660 To Whom It May Concern: I have authorized the firm of Caloia, Houpt & Light, P.C., to act as Applicant with regard to a petition for a subdivision exemption for the property described on Exhibit A (the "Property'); and to execute, deliver, amend, and accept delivery of any and all necessary documents relative to the application for a subdivision exemption to be filed on my behalf. I further authorize said law firm to generally do any and all things on my behalf which the attorneys in their discretion shall deem necessary or proper with regard to such application for subdivision exemption. I understand that this authorization shall be submitted to Garfield County . ;/ Rosemarie Glas C:\ W P5I \DOCS\GLAS2.1 LT EXHIBIT A PROPERTY DESCRIPTION • A PARCEL OF LANG SITUATED IN THE EAST HALF OF THE NORTHWEST QUARTER OF .SECTION 24, TOWNSHIP 5 SOUTH, RANGE 90 WEST, CF THE SIXTH PRINCIPAL • MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST CENTER SIXTEENTH CORNER OF SAID SECTION 24, A DEBAR AND CAP FOUND IN PLACE, THE TRUE POINT OF BEGINNING; THENCE N 0170'20" W ALONG THE WESTERL" LINE OF SAID E1/2NW1/4 1692.71 FEET TO A POINT ON THE CENTER LINE OF CANYON CREEK; T.tENCE LEAVING SAID b4ESTERLY LINE ALON3 SAID CENTER UNE S '48'12'46" E- 81.18 FEET; THENCE THE FOLLOWING TWELVE (12) COURSES ALONG SAID CENTER LINE: 1. S 04'19'08" E 182.46 FEET 2. S 12'52'03" E 207.11 FEET 3. 5 37'23'50" E .324.C1 FEET 4. S 7612'32" E 52.46 FEET 5. S 37'04'3:5" E 31.24 FEET 6. S 19'57'44" E 64.46 FEET 7. S 34'49'5.3" E 95.14 FEET 8. S 16'11'25" E 42.54 FEET 9. S 02'35'19" E 133.27 FEET 10. 5 1619'19" E 41.77 FEET 11. 5 31'40'12" E 88.09 FEET 12. S 24'35'59" E 86.41 FEET TO A POINT ON THE NORTHERLY RIGHT- OF-WAY LINE OF COUNTY ROAD NO. 137, A 60.00 FOOT WIDE EASEMENT; THENCE LEAVING SAID CENTER LINE ALONG THE NORTHERLY RIGHT-OF-WAY LINE ALONG AN ARC OF A CURVE TO THE LEFT, H P v1r.G A RADIUS OF 87.50 FEET, A DISTANCE OF 101.21 FEET AND A CENTRAL ANGLE OF 6616'32" (CHORD BEARS 5 32'00'35" N, 95.6E FEET); THENCE THE FOLLOWING SEVEN (7) COURSE ALONG SAID NORTHERLY RICHT-OF-wAY LINE: 1. E 0"0-7'41' E 62.96 FEET 2. ALONG AN ARC OF A CURVE TO THE FIGHT, HAVING A RADIUS CF 291.17 FEET, A DISTANCE OF 8.3.65 FEET AND A CENTRAL ANGLE CF 16'27'36" (CHORD BEARS 5 07'06'C;7" ;r 83.36 FEET) 3. S 15'19'55" w 114.80 FEET 4. ALONG AN ARC OF A CURvE 10 THE PICHT, HAVING A RADIUS OF 25.65 FEET, A DISTANCE OF 39.11 FEET AND A CENTRAL ANGLE OF 87'21'16" (CHORD BEARS 5 59'00'3" W 35.43 FEET) 5. N 77'18'49" W 25.43 FEET 6. ALONG AN ARC OF ,A CURVE TO THE LEFT, HAVING A RADIUS OF 227.00 FE:ET, A DISTANCE OF 182.68 FEET AND A CENTRAL ANGLE OF 46'06'36" (CHORD BEARS S 79'37'53" w 177.79 FEET 7. S 56'34'36" W 124.02 FEET TO A POINT ON THE SOUTHERLY UNE OF SAID E1 /2NW1 '4; THENCE LEAVING SAID NORTHERLY RIGHT -OF -WA" LINE ALONG SAID SOUTHERLY L NE 5 88'.3105- W 111.91 FEET TO THE TRUE PO.N T OF BECiNNING; SAC DARCEi. OF LAND CONTAINING 11.882 ACRES, !,AORE OP LESS. OWNERS WITHIN 200 FEET OF PROPOSED EXEMPTION 1. Peter F. and Dorothy M. Simmons Red Canyon Ranch Glenwood Springs, CO 80601 W.H.I., Inc. 5986 Financial Dr. Norcross, GA 30071-2949 3. Colorado National Bank, Denver, Trustee Attn: Kathryn E. Williams 305 Maple Street Glenwood Springs, CO 81601-2931 5. K.E. Williams Rock -N -Pines Guest Ranch . 0398 County Road 136 Glenwood Springs, CO 81601 C:\WP; I\DOCS\GLAS. I Ll WRJ-5-Rev. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. Cl iRADO DIVISION OF WATER RESO1 - .ES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM ( ) A PERMIT TO USE GROUND WATER (x ) A PERMIT TO CONSTRUCT A WELL FOR: ( ) A PERMIT TO INSTALL A PUMP REPLACEMENT FOR NO OTHER WATER COURT CASE NO (1) APPLICANT - mailing address Rosemarie Glas NAME C/o Caloia, Houpt & Light, P.C. STREET 1204 Grand Avenue CITY Glenwood Springs CO 81601 (State) (Zip) TELEPHONE NO (970)945-6067 (2) LOCATION OF PROPOSED WELL County Garfield SE ',a of theNW Y. Section 24 Gaup. 5 S Rng. 90 W IN,Si IE.W) 6th P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15 Average annual amount of ground water to be appropriated (acre-feet): 3 Number of acres to be irrigated: 3,000 sq.ft. Proposed total depth (feet): 200 Aquifer ground water is to be obtained from: Canyon Creek Alluvium Owner's well designation Glas Well No. 1 GROUND WATER TO BE USED FOR: ) HOUSEHOLD USE ONLY - no irrigation (0) ( X) DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) OTHER (9) DETAIL THE USE ON BACK IN (1 1) FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN (4) DRILLER Name Colorado Licensed Driller Street City (State) (Zip) Telephone No Lic. No Receipt No / Basin Dist. CONDITIONS OF APPROVAL 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. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I.D. COUNTY Contract No. Map ID Date Activateu`. APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name Rosemarie Glas, c/o Caloia, Houpt & Light, P.C. Address 1204 Grand Avenue. Glenwood Sprines. CO 81601 Telephone Number 970 / 945 - 6067 Authorized Agent or Representative Sherry A. Caloia, Esq. B. WATER RIGHT OWNED BY APPLICANT Name of Right N/A Type of Structure or Right Well Location of Point of Diversion See Exhibit A -well application description; and Exhibit B -property description Water Court Case No. Well Permit No. Application pending C. INTENDED USE OF LEASED WATER Location of Area of Use SE1/4 NW1/4, Section 24, Township 5 South, Range 90 West (Canyon Creekl-Exhibit 3 Description of Use Domestic. lawn and garden Number of Dwelling Units 1 Total Acreage 11.882 acres Well Proposed Potable Water System Proposed Waste -Water Treatment System Septic tank and leachfield Projected Monthly Volume of Leased Water Needed in Gallons: N/A Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Annual Total Gallons Acre Feet Maximum Instantaneous Demand gpm D. OTHER REMARKS Application pending with Garfield County for subdivision exemption for the property to be served by the well and contract. 12/15/95 /a /,/de ate Signatd;�e SHERRY A. CALOIA JEFFERSON V. HOUPT SAMUEL J. LIGHT CALOIA, Houvr & LIGHT, P.C. ATTORNEYS AT LAW December 15, 1995 Mr. Jack Jones, Assistant Chief Glenwood Springs Department of Emergency Services 806 Cooper Avenue Glenwood Springs, CO 81601 Re: Glas Subdivision Exemption Dear Jack: 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 31601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 On behalf of Rosemarie Glas, our office is filing with Garfield County a request for subdivision exemption for a piece of property she owns in Canyon Creek. Ms. Glas proposes to divide from her Okanelh Ranch property an 11.882 -acre parcel bounded by Canyon Creek, the County Road 137 right-of-way, and the west boundary of her Okanela Ranch property. Enclosed is a vicinity map and sketch map indicating the proposed subdivision exemption, and showing other physical features of the property. We appreciate your reviewing this information at you first convenience. and providing directly to the County Planning Department any comments you may have concerning the adequacy of emergency response to this location. Thank you in advance for your assistance. If you have any questions, please feel free to contact me or the County Planning Department. Very truly yours, CALOIA, HOUPT & LIGHT, P.C. Samuel J. Light SJL:lin Enclosure cc: Rosemarie Glas, w/enc. Mark Bean, w/enc. C:\WP5I\DOCSUONES.I LT OWNERS WITHIN 200 FEET OF PROPOSED EXEMPTION 1 Peter F. and Dorothy M. Simmons Red Canyon Ranch Glenwood Springs, CO 80601 2 W.H.I., Inc. 5986 Financial Dr. Norcross, GA 30071-2949 3. Colorado National Bank, Denver, Trustee Attn: Kathryn E. Williams 305 Maple Street Glenwood Springs, CO 81601-2931 5. K.E. Williams Rock -N -Pines Guest Ranch 0398 County Road 136 Glenwood Springs, CO 81601 G\ W P5 I\ DOCS \G LAS. 1 LI The undersigned hereby states and affirms that the attached documents are copies of official records and reports of the Garfield County Planning Office, State Of Colorado. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. Subscribed and sworn before me this day of July, 1997, by Witness my hand and official seal. My commission expires: Notary Public GARFIELD COUNTY Building and Planning Sherry Caloia 1204 Grand Avenue Glenwood Springs, CO 81601 March 19, 1996 RE: Subdivision Exemption Conditions of Approval Dear Sherry: TILE COPY L MAR 2119% Catoia Houpt & Light, P.C. On February 13, 1996, the Board of County Commissioners conditionally approved your client's request for a subdivision exemption for property located approximately 2.0 miles north of the I-70 Intersection. The approval was subject to the filing of an exemption plat and completion of the following conditions: 1.. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval,. unless approvedotherwise by the Board. 2 A Final Exemption Plat shall be submitted, indicating the legal description of the property; dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, dra in ge, irrigation, access or utilities, and the following plat note: "Soil conditions on the site may require engineered septic systems and foundations. Specific ISDS needs on the site will be based on percolation rates at the time of building permit. Property owners have been advised that an engineered foundation may be required and should take the appropriate precautions prior to building. " "Upon adoption ofroad impact fees by the Board of County Commissioners,. the lots created by this exemption shall be subject to paying the fees, paid at time of building permit application, by the building permit applicant." "All new construction shall be consistent with Colorado State Forest Service wildfire prevention guidelines specified in the pamphlet "Wildfire Protection in Wildland Urban Interface"(C.S.F.S. #143-691)" 109 3th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature from the date of approval of the exemption. 4. That the applicant shall submit $200.00 in School Impact Fees for the creation of each new exemption parcel. 5. Control of noxious weeds is the responsibility of the property owner. 6. That a registered land surveyor provide. documentation certifying that the property in question has at least one (1) acre of contiguous land less than 40% slope prior to the signing of a plat and that the building envelopes be shown on the plat. 7. The applicant drill a well meeting the following criteria for demonstrating the quality;=quantity and dependability of a well or a shared well system, prior to any plat being signed: 1) A. well be drilled and a 4 hour pump test shall be performed; 2) The applicant supply, to the Planning Department, the well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the 4 hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge shall be submitted to the Planning Department, 4) A written opinion of the person conducting the well test that this well would be adequate to supply water to the number ofproposed lots and besubmitted . - to the Planning Department; • 5) An assumption of an average of no less than 3 5 people per dwelling unit, using 100 gallons of water per person, per day; 6) The water.qu lity be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. If you have any questions regarding these conditions or the exemption plat, do not hesitate to call.. Sincerely, Mark L. Bean, Director Building & Planning Department The undersigned hereby states and affirms that the attached documents are copies of official records and reports of the Garfield County Planning Office, State Of Colorado. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn before me this day of July, 1997, by Witness my hand and official seal. My commission expires: Notary Public • 500897 B-999 P-266 11/08/1996 04:21P PG 1 OF 3 REC DCC NOT MILDRED L'L0RF GARFIELD COUNTY CLERK AND RECORDER 0.00 STA11✓ OF COLORADO )ss County of Garfield At a rep u l a r meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 4th of November A.D. 1996 , there were present: Marian I. Smith Elmer (Bucky) Arbanev Arnold Macklev Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Aciministrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 96'71 A RESOLUTION CONCERNED WITH GRANTLNG AN EXEMPTION FROM THE. GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ROSEMARLE GLAS. WHEREAS, ROSE'LARIE GLAS petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision' and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, Section 3:00 through 8:60 and for the division of a 683.33 acre tract as described in Book 784 at Page 256, Reception g391969 as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two (2) tracts of approximately 11.832 and 672.0 acres each, with the exemption parcels more practically as follows: Parcel 1 Parcel 2 See Attached Exhibit A See Attached Exhibit A (in the State of Colorado and the County of Garfield); and PLAINTIFF'S EXHIBIT Yy WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 23, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the division does not warrant further subdivision review; and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic 500897 ,B-999 P-267 11/08/1996 04:21P PG 2 OF 3 water on each of said parcels, that there is existing ingress and egress to said parcels, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not pan of an existing or larger development and does not fall within the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; and NOW THEREFORE, BE IT RESOLVED that the division of the above described 683.88 acre parcel is hereby exempted from such definitions and may be conveyed in the form of parcel "1 "and parcel "2" as are more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 7th day of November ATTEST: Cler' C of the Board , A.D. 19 96 . GARFIELD COUNTY BOARD OF COiL'MMISSIONERS, GARFTFT D COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: MARIAN I SMITH, CHAIRMAN OF TH.= BOARD ,Ave COMMISSIONER ARNCr D D .i. c: LEY, , Aye COMMISSIONER ELMER (3GCKE`') AF3-NEY Ave STATE OF COLORADO )ss County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners EXHIBIT A Parc?.1 '1 500897 B-999 P-268 11/08/1996 04:21P PG 3 OF 3 PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 5 SOUTH. RANGE 90 'NEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD. STATE CF COLORADO; SA10 PAROL CF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST CENTER SIXTEENTH CORNER OF SA10 SECTION 24 A REBAR AND CAP FOUND IN PLACE. THE TRUE PONT OF EEGINNING; THENCE N 0120'20" W ALONG THE WESTERLY UNE OF SATO E1 /2N W1 /4 1692.71 FEET TO A POINT ON THE CENTER UNE CF CANYON CREE<; THENCE LEAVING SAID WESTERLY UNE ALONG SA10 CENTER UNE S 4812'46" E 81.18 FEET; THENCE THE FOLLOWING TWELVE (12) COURSE ALONG SAID CENTER UNE: 1. S 0419'08" E 182.46 FEET 2. S 12'52'03" E 207.11 FEET 3. 5 3723'50" E .324.01 FEET 4. S 7612'32" E 52.46 FEET 5. S 3704'33" E .31.24 FEET 6. S 19'57'44" E 64.46 FEET 7. S 34'49'53" E 95.14 FEET 8. S 1611'25" E 42.54 FEET 9. S 02'35'19" E 1.33.27 FEET 10. 5 1619' 19" E 41.77 FEET 11. S 31'40'12" E 88.09 FEET 12. 5 24'35'59" E 86.41 FEET TO A PCINT CN THE NCRTHE.9LY RIGHT - CF -WAY UNE OF CCUNTY ROAD N0. 137, A 60.00 FOOT WILE EASEMENT; THENCE LEAVING SAJO CENTER UNE ALONG THE NORTHERLY RIGHT -CF -WAY UNE ALONG AN ARC CF A CURVE TO THE LEFT, HAVING A RADIUS CF 87.50 FEET, A DISTANCE CF 101.21 FEET ANO A CENTRAL ANGLE CF 66-18'32' (CHORD BEARS 5 32'00'35' W 95.66 FEET); THENCE THE FCLLOWiNG SEVEN (7) CCURSE ALONG SAIO NORTHERLY RIGHT -CF -WAY UNE 1. S 01'0741" E 8.196 FEET 2. ALONG AN ARC CF A CJRVE TO THE RIGHT, HAVING A ,RADIUS CF 291.17 F`T, A DISTANCE OF 83.65 FEET ANO A CENTRAL ANGLE CF 16-2736" (CHCRC BEARS 5 070006'07" w 8.3.36 FEET') 3. S 1519'55 W 114.80 FEET 4. ALONG AN ARC CF A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.55 FEET, A DISTANCE CF 39.11 FEET ANO A CENTRAL ANGLE CF 8721'16" (CHORD BEARS S 5970'33' W 35.4.3 FEET) 5 N 7718'49 W 25.43 FEET 6 ALONG AN ARC CF A CURVE TO THE LE -7, HAVING A RADIUS OF 227.00 FET, A DISTANCE CF 182.68 FEET ANO A CENTRAL ANGLE CF 46'06'36" (CHORD BEARS 5 79'3753" W 177.79 FEET 7. 5 56'34'36" W 124.02 FEET TO A POINT ON THE SOUTHERLY UNE CF SA10 E1/2NW1/4; THENCE LEAVING SA10 NORTHERLY RIGHT-OF-WAY UNE ALONG SAIO SOUTHERLY UNE 5 88'37'05" W 111.91 FEET TO THE TRUE POINT Cf BEO;NNING; SAID PARCEL CF LAND CONTAINING 11.882 ACRES, MORE CR LESS. P rC0 7 All that land d=scribed in ?oo< 7.i Pad= 2=6, Reception No. 39196; less Parcel 1 described above, containing 672.0 acres more or less. The undersigned hereby states and affirms that the attached documents are copies of official records and reports of the Garfield County Planning Office, State Of Colorado. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. Subscribed and sworn before me this day of July, 1997, by Witness my hand and official seal. My commission expires: Notary Public WOLLINS, HELLMAN & GREEN DAVID H. WOLLINS* JONATHAN J. HELLMAN DENNIS B. GREEN MICHAEL J. AXELRAD+ * ADMITTED IN COLORADO AND NEW YORK + ADMITTED IN COLORADO AND CALIFORNIA July 12, 1997 A LAW PARTNERSHIP OF PROFESSIONAL CORPORATIONS Garfield County Planning Office 109 Eighth St. Glenwood Springs, CO 81601 To the Planning Office: 117 SOUTH SPRING STREET SUITE 1 ASPEN, COLORADO 81611 TELEPHONE (970) 925-1885 FACSIMILE (970) 925-8967 DENVER OFFICE 720 SOUTH COLORADO BLVD. SUITE 620-S DENVER, COLORADO 80222 TELEPHONE (303) 758-8900 FACSIMILE (303) 758-8111 GARFIELD COUNTY Enclosed are documents previously obtained from your office together with the statements authenticating these documents. Please sign the forms ( six, one attached to each document) before a notary public and mail the originals back to me. Also, I need to have a copy on Tuesday. Thus, please send copies of the one-page authentication forms back to me by facsimile on Monday. Please phone me if there are any questions regarding this matter and thank you for your cooperation in this procedure. Sincerely, Dennis B. Green Enclosures