HomeMy WebLinkAbout1.0 Application•
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION_FOREXEMPTION
Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as
amended, and the Subdivision Regulations of Garfield County, Colorado,
adopted April 23, 1984 Section 2:20.49, the undersigned GORDON
C1Pl pectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of '/6
acre tract of land into__
:,91.. tracts of
approximately c
�:( ae.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:
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SUBMITTAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with
all the following information.
A. Sketch map at a minimum scale of 1"=200' showing the legal
description of the property, dimension and area of all 1
separate interests to be created, access to a, pub orc
right-of-way, and anyPublic
proposed easements for drainage,
irrigation, access or utilities;
B. Vicinity map at a minimum scale of 1"-2000' showing the general
topographic and geographic relation of the
the surroundingarea within two (2) miles, fo�swaicheappoto
f
U.S.G.S. quadrangle map may be used.
copy of
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
owners and lessees of mineral owners ofrrecord propertyofoposed theon,
mineralo
be exempted, and tenants of any structure oor
conversion; and proposed for
E. Evidence of the soil types and characteristics of each type; and
F. Proof of legal and adequate source of domestic water for eachlot
created, method of sewage disposal, and letter of a
fire protection plan from a PProval of
; and
G. If connection to a community oorlmunicipalrediswatercor sewer s stem
is proposed, a letter from the Y
willingness to serve; and governing body stating a
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
not more than three parcels created from a largertparcel as is one it
existed on January 1, 1973. 9 t
J. A $100.00 fee must be submitted
the appli tion.
Pe i—ti6ner
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Telephone Number
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EXEMPTION
APPLICABILITY
The Board of County Commissioners has the discretionary
a
division of land from the definition of subdivision andpowerto
frompt 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 additonal 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, and is not a paIt of a recorded subdivision; however,
any parcel to be divided by exemption that is split by a public
right-of-way (State or Federal highway, County road or railroad) or
natural feature, preventing joint use of the proposed tracts, and the
division occurs along the public right-of-way or natural feature, 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;
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; and
E. All state and local environmental health and safety requirements have
been met or are in the process of being met; and
F. Provision has been made for any required road or storm drainage
improvements; and
G. Fire protection has been approved by the appropriate fire district.
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 new lot created).
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms
provided by the Garfield County Department of Development/Planning
Division. Two (2) copies of the application, maps and supplemental
information shall be submitted.
B. The Planning Division shall review the exemption
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 (15) days of submittal.
C. Notice of the public meeting shall be mailed by certified mail ret
urn
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
Division. 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 procedure in these
Regulations.
THIS DEED, Made this 15th day of July
19 76 , between
RICHARD E. MACRUM, a married man and DOROTHY M.
MACRUM, his wife
of the County of Garfield and State of
Colorado, of the first part, and
GORDON C. SORENSEN and MARGARET J. SORENSEN
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sL .r::..._.'...Recorder.
RECORDER'S STAMP
.)01 , 5 1976
stili
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of the County of Garfield and State of Colorado, of the Fecond part:
WITNESSETH, that the said part ies of the first part, for and in consideration of the sum of
Ten Dollars and other valuable considerations
to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, haVe granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and
being in the County of Garfield and State of Colorado. to wit:
PARCEL NO. 1: A tract of land situated in Lots 32 and 35 of Section 1, T.
7 S., R. 89 W. of the 6th P.M., lying Southerly of the Northerly line of
said Section 1 and Northerly of the Northerly right-of-way line of State
Highway Number 82 described as follows: Beginning at a point on the Northerly
line of said Section 1 whence an iron post with a brass cap found in place
and properly marked for the North 14 corner of Section 1 bears S. 87°24'00"
W. 531.47 feet; thence N. 87°24'00" E. 253.21 feet along the Northerly line
of said Section 1; thenceSouth 588.89 feet to a point on the Northerly
right-of-way line of said highway; thence N. 57°30'00" W. 188.53 feet along
the Northerly right-of-way line of said highway; thence N. 58°10'30" W.
110.57 feet along the Northerly right-of-way line of said highway; thence
North 417.80 feet to a point on the Northerly line of Section 1, the point
of beginning, containing 2..92 acres, more or less.
PARCEL NO. 2: A tract of land situated in Lots 32 and 35 of Section 1, T.
7 S., R. 89 W. of the 6th P.M., lying Southerly of the Northerly line of
said Section 1 and Northerly of State Highway No. 82, described as follows:
Beginning at a point on the Northerly right-of-way line of said Highway
whence the Northwest corner of Lot 9 in said Section 1 bears S. 61°56'12"
W. 297.00 feet; thence North 588.89 feet to a point on the Northerly line
of said Section 1; thence N. 87°24' E. 219.98 feet along the Northerly line
of said Section 1; thence S. 02°54' W. 716.69 feet to a point on the Northerly
right-of-way line of said highway, thence N. 57°30' W. 217.57 feet along
the Northerly right-of-way line of said highway to the point of beginning,
containing 3.04 acres, more or less.
Together with the Macrum Well and the water adjudicated thereo by the
District Court, W-613, Water Division No. 5, State of Colorado.
Subject to reservations, exceptions and terms and conditions contained in
United States Patent recorded as Document No. 215972 in Book 338 at Page
126.
416 State Highway 82
Glenwood Springs, CO 81601
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 768. WARRANTY DEED—To Joint Tenants. —Bradford Publishing Co., 1824-46 Stout Street, Dcnver, Colorado —8-15
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said parties of the second part, their heirs and assigns forever. And the said parties of the first part, far
them selves, their heirs, executors, and administrators, do covenant, grant, bargain and agree to
and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery
of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute
and indefeasible estate of inheritance in law, in fee simple, and have good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from
all former and other grants, bargains, sales, Liens, taxes, assessments and incumbrances of whatever kind or nature,
soever, subject to reservations and exceptions contained in United States Patent
and to taxes for the year 1976, due in 1977, which the grantees herein assume
and agree to pay,
and the above bargained premises in the quiet
heirs and assigns, against all and every person
the said part fes of the first part shall and
IN WITNESS WHEREOF, the said part
seal s the day and year first above written.
Signed, Sealed and Delivered in the Presence of
and peaceable possession of the said parties of the second part, their
or persons lawfully claiming or to claim the whole or any part thereof,
will WARRANT AND FOREVER DEFEND.
ies of the first part haje hereunto set their
STATE OF COLORADO,
County of Garfield
(Pip. foregoing. instrument was acknowledged before me this 15 th
J976; ,lam -RICHARD' la:. MACRUM, a married man and DOROTHY M. MACRUM,
, 19 . Witness my hand and official
i'j�• .t 'q'�Aug. 23,len
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and
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RICHARD E. MACRUM, a married man
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DOROTHY M. RUM his wife
:My Commission expH-eb My Commission e
[SEAL]
day of July
his wife.
seal.
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STATE OF COLORADO
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411
F I L E
IN OFFICE OF WATER REFEREE
Division 1\u. 5
SEP 1 11972
• TE OF ;oLOIZADO
IN THE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. W-613
IN THE MATTER OF THE APPLICATION )
FOR WATER RIGHTS OF R. E. MACRUM )
AND DOROTHY MACRUM IN THE ROARING )
FORK RIVER IN GARFIELD COUNTY
RULING OF
REFEREE
FILED II
IN WATER COURT
Division No. 3
SEP1 1 1972
STATE OF CRADO
i
WATER CLEC Y
BY DEI
�1'
The above entitled matter having been referred to the undersigned
as Water Referee for Water Division No. 5, State of Colorado, by the Water
Judge of said Court on the 18th day of May, 1972, in accordance with
Article 21 of Chapter 148, Colorado Revised Statutes 1963, as amended
(Chapter 373 S.L. Colo. 1969), known as The Water Rights Determination and
Administration Act of 1969.
And the undersigned Referee having made such investigations as
are necessary to determine whether or not the statements in the application
are true and having become fully advised with respect to the subject matter
of the application does hereby make the following determination and ruling
as the Referee in this matter, to -wit:
1. The statements in the application are true.
2. The name of the structure is Macrum Well.
3. The names of claimants and address is: R. E. Macrum and Dorothy
Macrum, Box 786, Glenwood Springs, Colorado.
4. The source of the water is a well having a depth of 200 feet.
5. The well is located in Lot 32, Section 1, T. 7S., R. 89W. of the
6th P.M. at a point whence the Northwest Corner of Lot 9, said
Section 1 bears S. 51°10' W. 374.96 feet.
6. The use of the water is domestic.
7. The date of initiation of appropriation is September 1, 1970.
8. The amount of water claimed is 0.02 cubic foot per second of time.
9. Permit'No. 42419 was issued by the Office of the State Engineer on
August 6, 1970.
The Referee does therefore conclude that the above entitled
application should be granted and that 0.02 cubic foot of water per second
of time hereby is awarded to the Macrum Well for domestic use, with ap-
propriation date of the 1st day of September, 1970, absolutely and un-
conditionally; subject, however, to all earlier priority rights of others
and to the integration and tabulation by the Division Engineer of such
priorities and changes of rights in accordance with law as may be deter-
mined in pending supplemental general adjudication proceedings.
It is accordingly ORDERED that this ruling shall be filed with
the Water Clerk and shall become effective upon such filing, subject to
judicial review pursuant to Section 148-21-20 CRS 1963 as amended (1971).
It is further ORDERED that a copy of this ruling shall be filed
with the appropriate Division Engineer and the State Engineer.
Done at the City of Glenwood Springs, Colorado, this
day of P%ZA/ A�": .0e---, 1972.
"0 protoat was filed in this mttte--
1ho foregoing ruling is confirmed
approved, and is made the
Ju:3ment and Decree of this court.
Dated:
7t1/ r.�. / ' f !/ 77
7
A
Water Judge
BY THE REFEREE:
eferee
er Division No. 5
State of Colorado
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GLENWOOW-PTIC TANK CO.
3844 uunty Rd. 100
Carbondale, CO 81623
Phone: 963-2656
19 kg
STATEMMVt OF ACCOUNT
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EXHIBIT
PARCEL NO. 1: A tract of land situated in Lots 32 and 35 of Section 1, T.
7 S., R. 89 W. of the 6th P.M., lying Southerly of the Northerly line of
said Section 1 and Northerly of the Northerly right-of-way line of State
Highway Number 82 described as follows: Beginning at a point on the Northerly
line of said Section 1 whence an iron post with a brass cap found in place
and properly marked for the North 14 corner of Section 1 bears S. 87°24'00"
W. 531.47 feet; thence N. 87°24'00" E. 253..21 feet along the Northerly line
of said Section 1; thence South 588.89 feet to a point on the Northerly
right-of-way line of said highway; thence N. 57°30'00" W. 188.53 feet along
the Northerly right-of-way line of said highway; thence N. 58°10'30" W.
110.57 feet along the Northerly right-of-way line of said highway; thence
North 417.80 feet to a point on the Northerly line of Section 1, the point
of beginning, containing 2..92 acres, more or less.
PARCEL NO. 2: A tract of land situated in Lots 32 and 35 of Section 1, T.
7 S., R. 89 W. of the 6th P.M., lying Southerly of the Northerly line of
said Section 1 and Northerly of State Highway No. 82, described as follows:
Beginning at a point on the Northerly right-of-way line of said highway
whence the Northwest corner of Lot 9 in said Section 1 bears S. 61°56'12"
W. 297.00 feet; thence North 588.89 feet to a point on the Northerly line
of said Section 1; thence N. 87°24' E. 219.98 feet along the Northerly line
of said Section 1; thence S. 02°54' W. 716.69 feet to a point on the Northerly
right-of-way line of said highway, thence N. 57°30' W. 217.57 feet along
the Northerly right-of-way line of said highway to the point of beginning,
containing 3.04 acres, more or less.
EXHIBIT
PARCEL NO. 1: A tract of land situated in Lots 32 and 35 of Section 1, T.
7 S., R. 89 W. of the 6th P.M., lying Southerly of the Northerly line of
said Section 1 and Northerly of the Northerly right-of-way line of State
Highway Number 82 described as follows: Beginning at a point on the Northerly
line of said Section 1 whence an iron post with a brass cap found in place
and properly marked for the North 14 corner of Section 1 bears S. 87°24'00"
W. 531.47 feet; thence N. 87°24'00" E. 253.21 feet along the Northerly line
of said Section 1; thence South 588.89 feet to a point on the Northerly
right-of-way line of said highway; thence N. 57°30'00" W. 188.53 feet along
the Northerly right-of-way line of said highway; thence N. 58°10'30" W.
110.57 feet along the Northerly right-of-way line of said highway; thence
North 417.80 feet to a point on the Northerly line of Section 1, the point
of beginning, containing 2.92 acres, more or less.
PARCEL NO. 2: A tract of land situated in Lots 32 and 35 of Section 1, T.
7 S., R. 89 W. of the 6th P.M., lying Southerly of the Northerly line of
said Section 1 and Northerly of State Highway No. 82, described as follows:
Beginning at a point on the Northerly right-of-way line of said Highway
whence the Northwest corner of Lot 9 in said Section 1 bears S. 61°56'12"
W. 297.00 feet; thence North 588.89 feet to a point on the Northerly line
of said Section 1; thence N. 87°24' E. 219.98 feet along the Northerly line
of said Section 1; thence S. 02°54' W. 716.69 feet to a point on the Northerly
right-of-way line of said highway, thence N. 57°30' W. 217.57 feet along
the Northerly right-of-way line of said highway to the point of beginning,
containing 3.04 acres, more or less.
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PUBLIC NOTICE
10-‘76,y) e 0,„4 di0_, ji b,� Jo gn5d"�
�-:.-Baart have applied
Take Notice that State of Colorado,
to the Board of County Commissioners, Garfield County,
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 attached Exhibit A
Practical Description (location with respect toyhiphway, County roads and
residences): Located approximately dir miles t beast of 41e ,i...)41,/
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& -County-Rd. 40. '/,.v t /fr1�i 'L, /-y /
SIG "AL ° 2--ii-on-/?-e— T, AGF ' !:- ? 6
Said Subdivision Exemption is to allow the Petitioners to divide a-fr:-89
acre parcel into two lots of approximately 2.0 acres and 14,8,9 acres in
size
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 give
consideration to the comments of surrounding property owners and others
affected in deciding whether to grant or 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 applications-f0rthe above Subdivision Ex
has been set for the -nth day of -ir, r ,
1989, at the hour o
A.M., at the office of the Board of County Commissioners, Garfield
Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado.
Planning Department
Garfield County
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--Scazzocv and (VVdkEz, dnc.
Reg. Land Surveyors and Engineers
811 Colorado Avenue
Glenwood Springs, Colorado 81601
(303) 945-8664
LOT 1
A parcel of land situated in Lot 32 & 35, Section 1, Township 7 South, Range 89
West of the Sixth Principal Meridian, County of Garfield, State of Colorado;
said parcel being more particularly described as follows:
Commencing at the North Quarter Corner of said Section 1; thence N.87°24'00"E.
along the northerly line of said Section 1 531.47 feet to the True Point of
Beginning; thence continuing along said northerly line N.87°24'00"E. 146.86
feet; thence leaving said northerly line 5.13°38'46"E. 302.75 feet; thence
5.17°19'13"W. 233.92 feet to a point on the northerly right-of-way of Highway
No. 82; thence N.57°30'00"W. along said right-of-way 64.67 feet; thence
continuing along said right-of-way N.58°10'30"W. 110.57 feet; thence leaving
said right-of-way N.00°00'00"E. 417.80 feet to the True Point of Beginning;
said parcel containing 2.001 acres, more or less.
LOT 2
A parcel of land situated in Lot 32 & 35, Section 1, Township 7 South, Range 89
West of the Sixth Principal Meridian, County of Garfield, State of Colorado;
said parcel being more particularly described as follows:
Commencing at the North Quarter Corner of said Section 1; thence N.87°24'00"E.
along the northerly line of said Section 1 678.33 feet to the True Point of
Beginning; thence continuing along said northerly line N.87°24`00"E. 326.33
feet; thence leaving said northerly line 5.02°54'00"W. 716.69 feet to a point
on the northerly right-of-way of Highway No. 82; thence N.57°30'00"W. along
said right-of-way 341.43 feet; thence leaving said right-of-way N.17°19'13"E.
233.92 feet; thence N.13°38'46"W. 302.75 feet to the True Point of Beginning;
said parcel containing 3.959 acres, more or less.
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DECLARATION OF RIGHTS AND USE OF WATER
1. Gordon C. Sorenson and Margaret J. Sorenson are currently
the owners of the following described parcels of real estate both
of which are located in Garfield County, Colorado:
(1) Parcel No. 1: A Tract of land situated in Lots 32
and 35 of Section 1, T. 7 S., R. 89 W. of the 6th
P.M. lying Southerly of the Northerly line of said
Section 1 and Northerly of the Northerly right-of-
way line of State Highway Number 82 described as
follows: Beginning at a point on the Northerly
line of said Section 1 whence an iron post with a
brass cap found in place and properly marked for
the North ; corner of Section 1 bears S. 87 24'00"
E. 253.21 feet along the Northerly line of said
Section 1; thence South 588.89 feet to a point on
the Northerly right-of-way line of said highway;
thence N. 57 30'00" W. 188.53 feet along the
Northerly right-of-way line of said highway; thence
N. 58 10'30" W. 110.57 feet along the Northerly
right-of-way line of said highway; thence North
417.80 feet to a point on the Northerly line of
Section 1, the point of beginning, containing 2.92
acres, more or less.
(b) Parcel No. 2: A tract of land situated in Lots 32
and 35 of Section 1, T. 7 S., R. 89 W. of the 6th
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P.M., lying Southerly of the Northerly line of said
Section 1 and Northerly of State Highway No. 82,
described as follows: Beginning at a point on the
Northerly right-of-way line of said Highway whence
the Northwest corner of Lot 9 in said Section 1
bears S. 61 56'12" W. 297.00 feet; thence North
588.89 feet to a point on the Northerly line of
said Section 1; thence N. 87 24' E. 219.98 feet
along the Northerly line of said Section 1; thence
S. 02 54' W. 716.69 feet to a point on the
Northerly right-of-way line of said highway, thence
N. 57 30' W. 217.57 feet along the Northerly right-
of-way line of said highway to the point of
beginning, containing 3.04 acres, more or less.
2. Both of the above described parcels receive and use water
from the Macrum Well and the water adjudicated thereto by the
Judgment and Decree (Application No. W-613 of the District Court
for Water Division No. 5 dated November 14, 1972).
3. The Macrum Well is located on Parcel No. 7,
4. Parcel No. I receives its water from the Macrum Well via
a pipeline which crosses a portion of Parcel No. 1.
5. At this time, the Sorensons have applied to the Garfield
County Commissioners for a boundary line adjustment (See Affidavit
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RE: Boundary Line Adjustment, Plat, and Legal Description recorded
in Book 680 at Pages 51-53 of the Garfield County Records), which
application is to be heard and considered at the regular meeting of
the Commissioners on February 12, 1990.
6. If the application is approved by the Commissioners then
the Parcel descriptions set forth in Paragraph 1 of this
Declaration should be amended to conform with the adjusted boundary
lines.
7. Currently, Parcels 1 & 2 are under contract to be sold to
unrelated parties and the Sorensons desire to set forth
obligations, responsibilities and conditions concerning the use of
the water from the Macrum Well by the owners of Parcels 1 & 2.
8. The Macrum Well is located on Parcel, and the owner of
Parcel 'y shall take title to the Well.
9. The owner of Parcel shall be responsible for the
maintenance and repair of the Macrum Well and shall assume the
burden, financial, and/or otherwise, for assuring that Parcel /
received a sufficient volume of water as set forth in this
document.
10. The owners of Parcel 1. shall be responsible for
maintenance and repairs of the pipeline from the Well to the
property line of Parcel 4.
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11. Parcel I shall be responsible for maintenance and repair
of the pipeline from its property line with Parcel 2.
12. The owner of each parcel shall, at his own expense,
install and maintain a water meter on his respective parcel.
13. The owner of Parcel 2, covenants and agrees to sell a
sufficient amount of water from the Macrum Well to the owner of
Parcell for the use and benefit of Parcel /.
14. If the owner of Parcel / purchases water from the Macrum
Well, then the rate will be based on the rate of the Town of
Carbondale charges its out of city customers. Should the rate
charged by the Town of Carbondale as set forth in this paragraph
ever change, then the rate charged Parcel No. / shall be changed
accordingly. In no event, shall the owner of the Macrum Well
charge the owner of Parcel No. % more than that rate the Town of
Carbondale charges its out of city customers.
15. The owner of Parcel No. ) shall be required to pay for
the water it has used for the previous month within five days of
the first of the month. Should the owner of Parcel r fail to pay
for the water within five days then Parcel / shall be subject to a
late charge of $5.00 per day retroactive to the 1st of that month.
If the water bill is not paid by the 10th of that month, then the
owner of the well may discontinue providing water to Parcel / until
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all water use fees, late charges, and costs of disconnecting and
reconnecting the water service have been paid.
16. The owners of Parcels 1 & 2 acknowledge that the
improvements on Parcel 2' require significantly more water than the
improvements on Parcel J. Therefore, for any reason, should the
Well fail to produce a sufficient volume of water to supply the
needs of the owners of the parcels, then Parcel 1. shall be entitled
to 2/3 of the amount of water available for use and Parcel No.
shall be entitled to 1/3 of the water available from the Well.
17. No party shall commit waste water and the owner of each
Parcel shall exercise due care to make sure that excess water is
not used in order to allow the reservoir to refill and not burden
pump unnecessarily.
18. Should the owner of Parcel NO. / decide to drill his own
well, then this agreement shall be deemed null and void unless the
parties agree otherwise.
19. The owner of Parcel Nr.1 shall be granted an easement by
Parcel No.'/ for the purpose of repairing the Macrum Well or the
pipeline from the well to Parce,
1.
20. Should the owner of Parcel '/ refuse or fail to keep the
Well and/or the pipeline from Parcel -j,, to Parcel j in good
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operating condition and it becomes necessary for the owner of
Parcel '1 to contract for the repair of the Well or the pipeline,
then the owner of Parcel 1- shall be required to reimburse the owner
of Parcel ) for any expenses he has incurred.
DATED this day of February, 1990.
STATE OF COLORADO )
COUNTY OF GARFIELD )
SS.
Gordon C. Sorenson
Margaret J. Sorenson
Subscribed and sworn to before me this day of
February, 1990, by Gordon C. Sorenson and Margaret J. Sorenson.
WITNESS my hand and official seal.
My commission expires:
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