HomeMy WebLinkAbout1.0 ApplicationBEFORE TIIE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursusant to C.R.S. (1973) Section 30-20-101 (10) (a) - (d) as
amended, and the Subdivision Regulations of Garfield County, Colorado,
adopted April 23, 1984 Section 2:20.49, the undersigned Andrew Schwaller
respectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of 124.25 acre tract of land into 2 tracts of
approximately 114.25 & 10 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:
See item H below.
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 lots or
separate interests to be created, access to a public
right-of-way, and any 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 proposed exemption to
the surrounding area within two (2) miles, for which a copy of
U.S.G.S. quadrangle map may be used.
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 mineral 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 $100.00 fee must be submitted with the application.
ADrirrw Srhwall,r
Petitioner .
P.O. Box 323
Mailing Adress
Carbondale CO. 81623
City
S 963-3527
Telephone Number
State
r �
SUBMITTAL REQUIREMENTS
FOR PETITION FOR EXEMPTION
A. See attached map.
B. See attached vicinity map.
C. See attached deed and power of attorney allowing petitioner to
act in behalf of property owner.
D. List of owners of land within 200 ft.:
1. Joe Scofield
P.O. Box 453
Carbondale, CO 81623
2. Phil Lacerte
152 Venetia Ave.
Long Beach, CA. 90303
E. See attached soils report.
F. Parcel to be divided has a waterline to lot line. The waterline
and '2 interest in a water well owned by R. Veit are shown on attached
map. Legal ownership is established by quit claim deed enclosed.
Access to this parcel is directly from county road 107. County and
State approved septic system will be installed once a house is
built. Fire protection will be provided by the Carbondale Fire
Department. An easement for an irrigation ditch will be established
prior to a sale of this property.
G. Not applicable
11. Exemption is requested for a possible future sale of this parcel.
Covenants provide for a single family residence and limit any
subdivision under 10 acres.
I. Property was purchased by R. Veit_n March 1990. Prior owner was
P. Lacerte who putchased the property in May 1989. Prior to
Lacerte was D. Strook who purchased the property in August, 1969.
See attached deeds.
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United States Department of the Interior
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BUREAU OF LAND MANAGEMENT gm
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GLENWOOD SPRINGS RESOURCE AREA
50629 HIGHWAY 6 AND 24 IN REPLY REFER TO:
P.O. BOX 1009
GLENWOOD SPRINGS, COLORADO 81602
May 25, 1990
Andrew McGregor
Garfield County Planning Dept.
109 8th Street, Suite 303
Glenwood Springs, Colorado 81601
Dear Mr McGregor,
1735
(7-162)
We have reviewed the Veit Subdivision Exemption proposal and have no commment
on it.
Thank you for providing us an opportunity to review this proposal.
Respectfully,
E'/:/:GG` g
Robert L. Elderkin
Acting Area Manager
LC:dja
1111 411
GARF E D
I L COUNTY
DEPARTMENT OF BUILDING SANITATION AND PLANNING
April 6, 1990
Office of the State Engineer
Division of Water Resources
1313 Sherman St., Room 818
Denver, CO 80203
Re: Schwaller/Veit Subdivision Exemption
Dear Sirs:
Enclosed for review and comment is an application and associated
material for exemption from the definition of subdivision that has
been submitted to the Board of County Commissioners. This matter
has been scheduled for a public meeting on May 21, 1990.
Any information that you may have pertaining to this request would
be appreciated. Your cooperation in reviewing these exemption
requests is appreciated. Please contact our office if you require
additional information or if we can be of assistance in the review
process.
Sincerely,
Andrew C. McGregor
AMcG/emh
enc.
109 8TH STREET, SUITE 303
945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601
ROY ROMER
Governor
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•
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street -Room 818
Denver, Colorado 80203
(303) 866-3581
May 15, 1990
Mr. Andrew C. McGregor
Garfield County Planning Dept.
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Schwaller/Veit Subdivision Exemption
Secs. 21 & 22, T7S, R88W, 6TH PM
Dear Mr. McGregor:
JERIS A. DANIELSON
State Engineer
We have reviewed the above referenced proposal to subdivide a 124.25 acre
parcel into 2 lots of 114.25 and 10 acres. Apparently, the 10 acre lot is
intended as a single-family residential lot and the larger lot is subject to
further development. The application states that there is a well and a water
line to the property but does not indicate which source is to serve which
lot. Our records do not show any well permits located on this property for
the current or previous owners mentioned in the application.
The area of the subdivision is tributary to the Roaring Fork River, an
over -appropriated river. Since new wells would cause injury to senior vested
water rights, well permits cannot generally be issued by this office for lots
of less than 35 acres. We may be able to issue a household -use -only well for
the proposed 10 acre tr , c't. The availability of a well permi i, and our
recommendation for approval is subject to the following conditions:
1. The property has not been previously subdivided or exempted since
1972. We consider this as a one-time exemption and will not make
additional permits available for future splits of either tract.
2. The well permit which will be available will be limited to use inside
one single-family dwelling only. Outside use for lawn and garden
irrigation will be prohibited. Plat notes and covenants should
reflect this limitation.
3. The applicant should provide proof that an evaporative wastewater
system will not be required. We could not issue the well permit if
any evaporative system is required.
r
Mr. Andrew C. McGregor Page 2
May 16, 1990
4. Prospective lot purchasers should be made aware of the limitations on
water use and other information contained in this letter. We
recommend that a copy of this letter be given to lot purchasers and
submitted with the well permit application.
The application states that covenants exist with the land that limit
future lots to not less than 10 acres. We cannot issue any additional well
permits for lots of less than 35 acres. Therefore, a Water Court approved
plan for augmentation must be obtained before new well permits can be issued
if the proposed source of water supply for future development is to be on -lot
wells.
If the conditions stated above for the in -house -use well are satisfactory
to the applicant, then we recommend approval based on an in -house -use well.
JRH/JTS:c]f/0564I
cc: Orlyn Bell, Division Engineer
Bruce DeBrine
Sincerely,
taza,
Ja"es R. Hall, P.E.
Supervising Water Resources Engineer
'.r_) 3
Recorded at o'clock
MAR 191J90
,
730
Reception No.
eUBK 771 Pg . -:;.786
THIS DEED, Made this
19 90, between
of the
Colorado, grantor, and RICHARD B. VEIT
WARRANTY DEED
day of March
PHILLIP R. LACERTE and PATRICIA A. LACERTE
as joint tenants
* County of Los Angeles:_
whose legal address is
and State of
P.O. Box 323, Carbondale, CO 81623
of the County of Garfield
WITNESSETH, That the grantor for and in consideration of the sum of
Ten Dollars and other valuable considerations
MAR ARiaz
gtate D 1Tor$
CawaLmm.mmw.,
and State of Colorado, grantee:
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell,
convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the
County of Garfield and State of Colorado described as follows:
See Exhibit A attached hereto and made a part hereof.
as known by street and number as: (vacant land)
TOGETHER with all and singular the hereditaments and appurtenances thereto 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
grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns
forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and
assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute
and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same
in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever,=copt subj ect to easements and rights -of --way
in use and of record and covenants and restrictions contained in document
recorded as Reception No. 320029 in Book 582 at Page 955 of the Garfield County,
Colorado records.
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee,
his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,
the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. d---_
PLLIP L
STATE OF
xifiacaNIA
County of LOS ANGELES
1 s.
Tk-
The foregoing instrument was acknowledged before me this ip
by Phillip R. Lacerte and Patricia A. Lacerte.
My commission expires
OFFICIAL SEAL
MIKE A CHAVEZ
WIN p119.Califo nia
LOIM i6{,ES COUNTY
MrOwflltaElp. Feb. 8,1993 :1
'L M
*If in Denver, insert "City and ".
PATRICIA A. LACERTE
day of March , 19 90
, 19 . Witness my hand and official seal.
Notary Public
No. 932A. Rev. 7-84. WARRANTY DEED (For Photographic Record)
nradion) Publishing, 1743 Wazee Si., Denver. CO 80202 — (303) 292-2500 — 8-88
oo 774 ncE787
EXHIBIT A
Attached to and Forming a Part of Warranty Deed Dated March (L,11- , 1990
Between Phillip R. Lacerte and Patricia A. Lacerte as Grantors and
Richard B. Veit as Grantee
A parcel of land situated in the Southeast Quarter of Section 21 and the
Southwest Quarter of Section 22, Township 7 South, Range 88 West of the
Sixth Principal Meridian, County of Garfield, State of Colorado; said
parcel of land being more particularly described as follows:
Beginning at the East Quarter Corner of said Section 21, a B.L.M. Aluminum
Cap in place, the True Point of Beginning; thence S. 88°46'08" E. along the
east -west centerline of said Section 22 1135.98 feet to the Northwest
Corner of a parcel of land described in Reception No. 258713; thence
leaving said east -west centerline S. 04°52'21" W. along the westerly line
of said Reception No. 258713 630.23 feet; thence S. 87°43'40" E. along the
southerly line of said Reception No. 258713 7.52 feet to a point on the
westerly right of way line of County Road No. 107 (according to Reception
No. 134670 and 134671); thence S. 05°11'33" W. along said westerly right of
way 1449.29 feet to a point on the northerly line of a parcel of land
described in Reception No. 258713; thence leaving said right of way N.
89°53'13" W. along said northerly line 24.02 feet to a point on the
easterly line of a parcel of land described in Reception No. 299394; thence
along said easterly line along the arc of a curve to the right having a
radius of 189.00 and a central angle of 03°35'01" and a distance of 11.82
feet (chord bears N. 05°46'12" E. 11.82 feet) to a point on the northerly
line of said Reception No. 299394; thence the following 6 courses along
said northerly line:
(1) N. 61°09'18" W. 235.39 feet;
(2) N. 55°29'48" W. 149.90 feet;
(3) N. 65°44'03" W. 212.60 feet;
(4) N. 75009'33" W. 260.00 feet;
(5) N. 68°30'33" W. 266.53 feet (whence a witness corner, rebar and
cap L.S. 4114111 in place, bears West 15.00 feet);
(6) West 1220.92 feet to a point on the westerly line of the SESE4
of said Section 21 (whence a witness corner, a rebar and cap
L.S. #14111 in place, bears S. 00°29'40" W. 30.00 feet);
thence N. 00°29'40" W. along said westerly line 322.11 feet to the
Southeast Sixteenth Corner of said Section 21, a B.L.M. Aluminum Cap in
place; thence N. 89036148" W. along the southerly line of the NWSE- of
said Section 21 1314.04 feet to the South Sixteenth Corner of said Section
21, a B.L.M. Aluminum Cap in place; thence N. 00°47'24" W. along the
north -south centerline of said Section 21 658.55 feet to a rebar and cap
L.S. #15710 in place; thence S. 89°41'33" E. 659.12 feet to a rebar and cap
L.S. 4115710 in place; thence N. 00°41'08" W. 658.72 feet to a point on the
east -west centerline of said Section 21, a rebar and cap in place L.S.
#15710; thence S. 89°30'13" E. along said east -west centerline 658.75 feet
to the East Sixteenth Corner of said Section 21, a B.L.M. Aluminum Cap in
place; thence S. 89°47136" E. along said east -west centerline 1323.99 feet
to the East Quarter Corner of said Section 21, the True Point of Beginning.
f 4
SPECIAL POWER OF ATTORNEY
I, RICHARD B. VEIT, of the City of (V.-) L)�vl , State
of (titf (C t%L Lir , the principal, designate ANDREW E. SCHWALLER
of Carbondale, Colorado, my attorney-in-fact and agent
(subsequently herein called "Agent") in my name and for my
benefit:
1. GRANT OF POWER: To exercise or perform any, power, duty,
right or obligation whatsoever that I now have or may hereafter
acquire, relating to the acquisition and purchase, including the
closing for the purchase of, the following described tract or
parcel of real property lying in Garfield County, Colorado:
A parcel of land situated in the Southeast Quarter of Section
21 and the Southwest Quarter of Section 22, Township 7 South,
Range 88 West of the Sixth Principal Meridian, County of
Garfield, State of Colorado; said parcel of land more
particularly described as follows:
Beginning at the East Quarter corner of said Section 21, a
B.L.M. Aluminum Cap in place, the True Point of Beginning;
thence S. 88°46'08" E. along the east -west centerline of said
Section 22 1135.98 feet to the Northwest Corner of a parcel of
land described in Reception No. 258713; thence leaving said
east -west centerline S. 04°52'21" W. along the westerly line of
said Reception No. 258713 630.23 feet; thence S. 87°43'40" E.
along the southerly line of said Reception No. 258713 7.52 feet
to a point on the westerly right-of-way of County Road No. 107
(according to Reception No. 134670 and 134671); thence S.
05°11'33" W. along said westerly right-of-way 1449.29 feet to a
point on the northerly line of a parcel of land described in
Reception No. 258713; thence leaving said right-of-way N.
89°53'13" W. along said northerly line 24.02 feet to a point on
the easterly line of a parcel of land described in Reception
No. 299394; thence along said easterly line along the arc of a
curve the right having a radius of 189.00 and a central angle
of 03°35'01", and a distance of 11.82 feet (chord bears N.
05°46'12" E. 11.82 feet) to a point on the northerly line of
said Reception No. 299394; thence the following six (6) courses
along said northerly line:
1) N. 61°09'18" W. 235.39 feet;
2) N. 55°29'48" W. 149.90 feet;
3) N. 65°44'03" W. 212.60 feet;
4) N. 75°09'33" W. 260.00 feet;
5) N. 68°30'33" W. 266.53 feet (whence a witness corner,
rebar and cap L.S. #14111 in place bears West 15.00 feet);
6) West 1220.92 feet to a point on the westerly line of the
SE*SE* of said Section 21 (whence a witness corner, a
rebar and cap L.S. #14111 in place, bears S. 00°29'40" W.
30.00 feet);
• •
thence N. 00°29'40" W. along said westerly line 322.11 feet
to the Southeast Sixteenth corner of said Section 21, a B.L.M.
Aluminum Cap in place; thence N. 89`36'48" W. along the
southerly line of the NWISE} of said Section 21 1314.04 feet to
the South Sixteenth corner of said Section 21, a B.L.M.
Aluminum Cap in place, thence N. 00°47'24" W. along the north -
south centerline of said Section 21 658.55 feet to a rebar and
cap L.S. #15710 in place; thence S. 89°41'33" E. 659.12 feet to
a rebar and cap L.S. #15710 in place; thence N. 00°41'08" W.
658.72 feet to a point on the east -west centerline of said
Section 21, a rebar and cap in place L.S. #15710; thence
S.89°30'13" E. along said east -west centerline 658.75 feet to
the East Sixteenth corner of said Section 21, a B.L.M. Aluminum
Cap in place; thence S. 89°47'36" E. along said east -west
centerline 1323.99 feet to the East Quarter corner of said
Section 21, the True Point of Beginning.
The powers herein granted relate to the acquisition and
purchase of the above-described real property and include the
right to negotiate for the purchase of said real property, bargain
and settle the terms of said purchase, to contract for the
purchase of said real property, and all appurtenances related
thereto, including water rights, ditch rights, certificates and
shares for water rights and ditch rights, mineral rights and
mineral leases, and to do all things necessary to prepare for and
in furtherance of the closing of said transaction, and to sign and
execute all documents necessary to close such transaction,
including, but not limited to, the following specifically
enumerated powers: to hold sums of money, commercial paper,
negotiate checks, drafts and accounts in my name, to deposit and
withdraw monies in my name, to execute notes, promissory notes,
and installment promissory notes, mortgages, deeds of trust, and
other evidences of indebtedness, or encumbrances, to take title to
the said property in my name, to execute deeds of conveyance,
bills of sale relating to chattels on or upon the above-described
real property, to take possession of such chattels, to execute
closing statements, tax forms, affidavits, forms related to taxes
of every kind and nature, and to effect such compromises and
agreements, endorsements, releases, receipts or other discharges,
as may be needed to complete the acquisition and purchase of the
real property above-described.
2. INTERPRETATION: This instrument is to be construed and
interpreted as a special power of attorney to accomplish the
purpose hereinabove described. The enumeration of specific powers
herein is not intended to, nor does it, limit or restrict the
powers herein granted to my agent to accomplish the purpose
hereinabove described.
3. THIRD -PARTY RELIANCE: Third parties may rely upon the
representations of my agent as to all matters relating to any
power granted to my agent, general or implied, and no person who
-2-
may act in reliance upon the representations of my agent or the
authority granted to my agent herein shall incur any liability to
me or my estate as a result of permitting my agent to exercise any
such power.
4. DISABILITY OF PRINCIPAL: This special power of attorney
shall not be affected by my disability.
5. COPIES: Photocopies of this power of attorney, when
fully executed, shall be accepted as originals.
6. EXPIRATION DATE: This special power of attorney shall
expire by operation of law at 12:00 o'clock midnight on the same
date in the next year following the date upon which this
instrument is signed and executed.
Dated:
le/ 7r / j c
1990.
11,,,/j. r.; (L )- /t./9
Rchard B. Veit
STATE OF �,,� 1'¢ F )
ss. r c —( —
COUNTY OFgi.L�.,;�.-)
Subscribed and sworn to before me by RICHARD B. VEIT, this
AC day of Fi E yc�,y,
/ 1990.
Witness my hand and officialSVUUta K. :JEROME:1a
NOTARY PIJTJLIQ ='^
My commission expires : MY COMMISSION EXPIRES MARCH 3t MT
7
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U.S. Department of Agriculture Page 1
Soil Conservation Service 04/02/90
----------
SOIL DESCRIPTION DESCRIPTION REPORT
SURVEY AREA - ASPEN -GYPSUM AREA, PARTS OF EAGLE, GARFIELD, AND PITKIN
-------------------------------------------------------------------------
Map Unit
Symbol
Description
-------------------------
33
34
106
EARSMAN -ROCK OUTCROP COMPLEX, 12 TO 65 PERCENT SLOPES
This map unit is on mountainsides and ridges. This unit is 45
percent Earsman very stony sandy loam and 35 percent Rock
outcrop. Earsman soils are on less steep slopes, and the Rock
outcrop portion is in steeper convex areas throughout the
complex.
The Earsman soil is shallow and somewhat excessively drained.
It formed in residuum and colluvium derived dominantly from
redbed calcareous sandstone. The surface is covered with 5 to
10 percent flagstones. The surface layer is very stony sandy
loam 5 inches thick. The underlying material is very channery
sandy loam. Depth to hard calcareous sandstone ranges from 10
to 20 inches. Permeability is moderately rapid. Available
water capacity is very low. Effective rooting depth is 10 to
20 inches. Runoff is medium to rapid, and the hazard of water
erosion is very high.
Rock outcrop is mainly red sandstone.
EMPEDRADO LOAM, 2 TO 6 PERCENT SLOPES
This deep, well -drained soil is on terraces, fans and hills.
The surface layer is loam 5 inches thick. The subsoil is clay
loam 35 inches thick. The substratum to a depth of 60 inches
or more is clay loam. Permeability is moderate. Available
water capacity is high. Effective rooting depth is 60 inches
or more. Runoff is medium, and the hazard of water erosion is
slight to high.
EMPEDRADO LOAM, 6 TO 12 PERCENT SLOPES
This deep, well -drained soil is on fans and up/and hills. It
formed in alluvium and aeo|ian materials. The surface layer
is loam about 8 inches thick. The subsoil is clay loam about
55 inches thick. The substratum to a depth of 70 inches or
more is clay loam. Permeability is moderate. Available water
capacity is high. Effective rooting depth is 60 inches or
more. Runoff is medium to rapid, and the hazard of water
erosion is high to very high.
TRIDELL-BROWNSTO STONY SANDY LOANS, 12 TO 50 PERCENT SLOPES,
EXTREMELY STONY
This map unit is on terrace and mountainside slopes. This
unit is 45 percent Tride|| and 35 percent 8rownsto. The
surface is scattered with 5 to 10 percent stones.
U.S. Department
Soil conservati'
________
aricu/ture
rvice
1111
___________________________
Page 2
04/02/90
SOIL DESCRIPTION REPORT
SURVEY AREA - ASPEN -GYPSUM AREA, PARTS OF EAGLE, s^RFzELo, AND pzrKzw
-----------------'---------------------------------- ---
map unix
Symbol Description
The Tr/del/ so// is somewhat excessively drained. It formed
in alluvium and colluvium derived dominantly from basalt. The
upper part of the surface /aver is stony sandy loam about 2
inches thick. The lower part is very coub/v fine sandy loam
about 7 inches thick. The upper 5 inches of the underlying
material /s very co»»/v fine sandy loam. The next 11 inches
are couu/v sandy loam. The next 12 inches are very stony fine
sandy loam. The lower part to a depth of 60 inches is very
stony loamy sand. Permeability is moderately rapiu'
Available water capacity is /ow. Effective rooting depth is
60 inches o, more. Runoff is medium to rapid, and the hazard
of water erosion is very h/ah^
The urownsto so// is deep and well -drained. It formed in
a|/"v/um derived dominantly from coarse textured calcareous
sandstone and basalt. The surface layer is stony sandy loam
11 inches thick. The upper 19 inches of the underlying
materia/ /s very gravelly sandy loam. The next zz inches is
very gravelly loamy. sand. The lower part to a depth of 60
inches is gravelly sandy loam. Permeability /s moderate.
Available water capacity is low. Effective rooting depth is
60 inches or more. Runoff is rapid, and the hazard of water
erosion is very h/a^`
Category Codes: SOT
Soil ConservationService
o+/mc/9n
SOIL INTERPRETATION REPORT
USE: Septic Tank Absorption Fields
SURVEY AREA - ASPEN -GYPSUM AREA, PARTS OF EAGLE, a^nFzELo, AND PIrrzw
COUNTIES, COLORADO
Map Unit U"it wav Unit
Symbol component Comp. Rating Restrictive Feature
o::..l s*runxw 45 SEVERE
34 Empsonxoo 100 SLIGHT
35 smPsonAoo zno MODERATE
106 TnznsLL 45 SEVERE
anowmoro on SEVERE
U.S. Department of Agriculture
Soil Conservation Service
Depth To Rock
Slope
Slope
Poor p//ter
Slope
Page 1
o1/*c/p^
SOIL zwTeepnprxTzon npponT
uss: mimovr oasrmpn,s
SURVEY AREA • Aspsm-mvpsum AREA, PARTS OF e»a�r s*ppzsto, AND pzrKzw
ro//mrTEa, co/onAno
Map Unit map u^/,
a/m^"' Component comp' Rating Restrictive Feature
oo EARSMAN 45 SEVERE Slope
Depth To Rock
EMPEDRADO 100 SLIGHT
35 swpson*oo znV MODERATE Slope
zna rnznELL 45 SEVERE Slope
Recorded at ock
Reception N:71=71-11-1
ry QUIT CLAIM DEED
toll.— day
THIS DEED, Made this of March , t990
between PHILLIP LACERTE and PATRICIA LACERTE
of the *County of Garfield
Colorado, grantor(s), and
RICHARD B. VEIT
and State of
MAR19 19n0
•L4v 1✓i v'4. :. vH
•
whose legal address is 0042 Blue Creek Overlook, --
Carbondale, Colorado 81623
of the County of Gar f field and State of Colorado, er ntce(s),
WITNESSETH, That the grantor(s), for and in consideration of the sum of TEN DOLLARS and other good
LLARS
and valuable consideration
the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by
these presents do remise, release, sell, convey and QUIT CLAIM unto the grantee(s), his heirs, successors and assigns,
forever, all the right, title, interest, claim and demand which the grantor(s) have in and to the real property, together with
of Garfield and State of
improvements, if any, situate, lying and being in the County
Colorado, described as follows:
All of Grantors' right, title and interest in and to the Stroock Well
#1, adjudicated in Case No. W-346, of Water Division No. 5, being the
balance of the well and water rights not conveyed in the deed from Daniel
W. Stroock to Leslie R. Roberts and Janis L. Roberts, recorded in Book
445 at Page 493 of the Garfield County records.
Also 10 shares in the Park Ditch which shares shall also be transferred
by assignment and delivery of share certificates.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to
the only proper use, benefit and behoof of the grantee(s), his heirs and assigns forever.
IN WITNESS WHEREOF, The grantor(s) ha veexecuted this deed on the date sct forth above.
Php Lyacte
'„ L
STATE OF COLORADO,
County of GARFIELD k.,
The foregoing instrument was acknowledged before me this 1 01—
by Phillip Lacerte and Patricia Lacerte.
Patricia Lacerte
)
j ss.
day of
March
My commission expires { cl% , 19 i 3. Witness my hand and official seal.
*If in Denver, insert "City and."
333. IL:v. 3-85. QUIT CLAIM Dt:i:D
Nut:uy Public
Radford Publishing, 1743 watcc St ,Denver, CO 50202 -- (303) 292-2500 -- 12.55
1
ts...ye 2YU
i
ceptit>n No 244205• VI.) 6/
Chas. S. Keegan
THIS DEED, ]11ade this
between
22nd
day of
August 1969,
JOHN L. HEUSCIIKEL and OLIVE M. HEUSCHKEL
of the County of Garfield
of the first part, and
DANIEL W. STROOCK
of the County of New York and State of QtoTo'fi I6, of the second part:
and State of Colorado,
New Yor
"'ecorder
Si)
STATE toCUMENTARY FEE
HUll N5 IybJ
r • / SV
WITNESSETH, That the said partie S of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable consideration, 3i2t1•.Ltai8ax
to the snid pnrtie S of the first part in hand paid by the said pnrt y of the second part, the receipt whereof is
hereby confessed and acknowledged, have grnnted, bargained, sold and conveyed, and by these presents do
grant, bnrgnin, sell, convey and confirm, unto the said part y of the second part h1S
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the
County of Garfield and State of Colorado, to -wit:
NISEI. and SE--I'SEI of Section 21; SW71, SWINE -.11, WzSETl and
SE4SE4 of Section 22; NW-4NW14— and Lot 4 of Section 27, all in
Township 7 South, Range 88 West of the 6th P.M.
Together with all water and water rights, ditches and ditch. rights
and reservoirs and reservoir rights appurtenant to or used upon or
in connection with the above-described lands, including but not
by way of limitation, the water, ditch and reservoir rights
represented by thirty (30) shares of the capital stock of the Park
Ditch and Reservoir Company.
•
t.
TOGETHER with nll and singular the hereditnmenta and nppurtennnces thereto 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 dcmnnd whntsoever of the snid part ies of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 1f3. WAHHANTY nrrn—ror Photographic nererd.--nrndford i'ublinhln¢ Co., 1P.21-/0 Stout Street, nrnver, Colorado
• •
Book 40
Page 22�
TO ILITE AND TO IIOLD the said premises above bargained and described, with the appurtenances, unto the
said pat ty cf the second part, his heirs and assigns forever. And the said partieS of the first part,
for Oiellkri; ecutors, and administrators, do covenant, grant, bargain and agree to and with
the said pnr_t;- of the second part, his heirs and assigns, that at the time of the ensealing and delivery o1
these presents they arewell 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, berg-nin, sell and convey the same in manner and form as aforesaid, and that the same are free and
clear from rall former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever
kind or nat=ure Foever , except taxes for 1969, due in 1970, which said parties of the
first part hereby assume and agree to pay, and except reservations and
exceptior_:s contained in the United States Patents for said property, and except
all existi-:g easements and rights-of-way appearing of record for roads, ditches,
pipelines and utilities, including but not by way of limitation, those referred to
and described in instruments recorded in Book 181 at Pages 275 and 276; in
Book 337 at Page 8 and in Book 351 at Page 592 of the records in the office of
the Clerk and Recorder of Garfield County, Colorado,
and the abc•re bargained premises in the quiet and peaceable possession of the said party of the second part.,
his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any
part thereof_ the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITINESS WHEREOF, the said parties of the first part have hereunto set their handS
and seal 5 the day and year first above written.
Signed, seni.d and Delivered in the Presence of
STATE OF COLORADO,
..li.11l.,l,
l L r e" " county of Garfield
The'iorcge nk instrument was
1•9 \,�T�t�� �TOHN L.
_ �Iy oc mi},asivnexpiree
LiQ\—\ .0 `
0
,,,Iran,,'',
} es.
L.
1/1.
.�C 1/1. [SEAL]
Olive M. Heuschkel
[SEAL]
acknowledged before me this y= day of August
HEUSCHKEL and OLIVE M. HEUSCHKEL.
[SEAL]
w1
1
to
to
0
A
a
0
0
0
0
W
.b
4.3
w
, 19 %n . Witness my hand and official seal.
o b
O 0
t H co
H
Dt
i .b
!
I 13
uTvi
E Q'
rA
.a
t
•t �
0
o ,,-
L
0
t Brie/6
sr
Notary Public.
•RADFORD PUBLISHING CO.. O[NVIR
. (
(2r.
f.,....
i O . ..: 3 C _,;-7---7.--. : .:, .. f,._,,,y_ . .:...._( ._ -_.
... .;/...,.../:______
..t.;.. -_::... : ;11
______ .
WW'.>,RRAN'I-1 DEED
FEE
0.00
1
Daniel W. Stroock
Whose address is 55 Frost Street, Cambridge,
Massachusetts (02140)
• State of
. for the consideration of
r,t(rs1;17-74
�)
41
_ (.11
,P1,12 -1=1.D
riAT 18 1989
Stzt: Dcc. Fea
$..Q cry
Three Hundred Thousand and dollars,
rs, in ha0
nd
paid hereby selltsl
and conrey(s) to Phillip R. Lacerte and Patricia A. Lacerte, in joint
tenancy,
whose legal address is
152 Venetia Avenue, Long Beach,
,and State of California (90803)
Cr�f;'�f:�t
County ofGarfield • and State of
the following real property in the
Colorado. to wit:
All of that property described with particularity on Exhibit
A attached hereto and, by this reference, incorporated herein,
it
It
II
I:
ji it
ijli
I
parts of Sections 21, 22, & 27, T7S, R88t9,
Ialso known by street and number as
. 1 and except title to
with all its aprurt;nances, and w•arrant(s) the title to the same. subject to any ;'
1; property which may have been lost or acquired by reason of mis-
location of fences or other boundary markers, and subject to and
except those matters recited on Exhibit B, attached hereto and,.
II by this reference, incorporated herein.
,1 May 19 8 9
I Signed this day of Y
ii
I
/J�irti
��<(/ '.�—.IS-
Ct untj of i..';',1,.....:1:1:',%:•.`,:"..7../.
11,C f'c"01l: l?`tonint \.s l(.1::*2.•(l `. . f, ie 11115
by r;aniel W. Stroock.
My commission e\piles /I/
•It in Dcn%cr, in>cn-Cit) :Ind."
v.12.S5. Y.\!:1:\\11 UILI)ISt...tr..:uo I?vq
Daniel W. Stroock
\',iluc s in)
of ;� y
- _ - - J:, f..t.1ic -
r v
,..'
a
,;..1.,.,..,« 6:1.4.e.1.3r•.,•-0.t0t•ti'14 I•.•)1')?t• 'O
It) 39