HomeMy WebLinkAbout1.0 Application, Staff Report & Exhibits• July 28. 1986 Swallow Oil Company Box 868 Rifle, CO 81650 ATTN: Gary Swallow Dear Mr. Swallow: GARFIELD COUNTY PLANNING DEPARTMENT • This letter will serve as confirmation that on July 24th, 1986 the Garfield County Board of Adjustment unanimously approved your variance request from Section 3.07.06 (b) of the Garfield County Zoning Resolution. The variance was approved allowing a 10' front yard set- back for the purpose of constructing a 30' x 48' gasoline pump canopy as proposed. Please note that all other applicable regulations of Garfield County roust still be complied with. Please contact this office if you have any further questions or concerns. Sin~7f-~ Glenn Hartmann Planner gh 109 8TH STREET, THIRD FLOOR 945-82121625-5571 GLENWOOD SPRINGS, COLORADO 81601 ex. 6 p 603 114 718 • 'RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED • NOT FOR INTERNATIONAL MAIL (See Reverse) ~1--<~~!2>::.1::...:;l:'.;Z.._.::~=--r.:....'....'.'...'.~ CJ Postage $ ~ !-------------+------< • Certified Fee Speclal Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered i Postmark or Date ! ) : P, b03 114 767 'RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED • NOT FOR INTERNATIONAL MAIL (See Reverse) t: ~v~ i1--~~'--L--"'-~o~C~~~~---J ~ 1--"'~~.&~~"'1!;;,::__2..<i',[../_<;G~;_==.:!.J'.___j d Postage $ ~ f--~~~~~~~~~~-+~~~---J • Certified Fee Special Delivery Fee Restricted Dellvery Fee Return Receipt Showing to whom and Date Delivered i Postmark or Datr j ~ p 603 114 7116 'RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED • NOT FOR INTERNATIONAL MAIL (See Reverse) lt--~~~~~~~~~-1~7~~ ~i--.~~~~~'t:==--C..--~:;.._~8~1~~~~~1 ~ Postage $ :> • Certified Fee Speclal Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, , and Address of Delivery AL Postage an~ :F.edi\, l Postmark or Date j ~ I;' b03 114 785 ' RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED • NOT FOR INTERNATIONAL MAIL (See Reverse) ~ :;; I ~ uj ::> • Sent to ~ Street and No.~ <'•.JI M 11 <.,t Ce Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Dellvered Return receipt showing to whom, te, and Address of Delivery ,f/{,p/ $ p 603 114 71111 ' RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED • NOT FOR INTERNATIONAL MAIL (See Reverse) ~ Postage => • Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered l Postmark or a ! ~ ·$ J6 p 603 114 ?&i'! 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Z"'*"-....:;..-... ~ °" .... c i "*°'~~~ .. ~'" wllb-M-1 I 14 J • d F qt1'J R .... ._ ... , ~.....--........ 'C. :#l:;flO"illllt::·~ , ~-Owr:i:t,lf:ll ,.,...-~-~~-.t......s .. Lot-36 o1s.ctto.t·1;t~~---ot ... e.hP'lL ~~· -.-. •"'"'"-,. •·. 'PNctk9I o-rtpllOrt ~ wtlh ~ • -· "-""· -~ ... -~ ....... i+P,o:da __ •.•'J 5 ........... --~-~-... """"""'°·°""'" ... --.. Sald...orkWlot ........ -....... ,...,... teW "°""'.~ 3.07..Cll(l)..Gl)._to ·.,_a 15 ft_hnf ,.S ,....;!°.:":• -,:-;A_>")i"'. :"'··,A·:, :'.'- .. .._...... .. ·-·" 'p,4* '•-·~-· ·-J-.E* ,,,;.-.._. ............. -·-~.,..._,....,,.._ .. ~___. ,..ew1e1 o#l& ~__..... _...... .... .,.,., ........ to ..... .,... ..... " ...... ~If'°" ... ~ to'wdi ..,............-.• ...-z.:w•• -d~f#'~ · ....... Cul ... aaJi t0W«tt-• 1t'OIUIJs '14, ,...,.,_ ...... ----·~1 ....... ~ .wMtMrfo:~-~---~~~~ TNs~~mar11e-,at_~ of,..,....... OrJJ)i:Jl:i;iu: .......... -,.... -""· -_..,. .,..-. -Sprtnp. Cobado ........ ths hovr9otl:OOAJA. ... 5:0DP.M..ll>Tb:dSJ,ll wgbf-lda,~ _._ ___ , -: ~ That~~on_theopplkatlonfOi.~ ..... _.._. ... ---~--~-..,......,.',.,lit -. ..,...-o1 ~: .w·t..;Gri:i• r ... ....,.,... Room. Wfe:IO'I, Jrd Ftool' ffl thsGartwd OMln'YCoriitt .-..10911hsw-l-~Sprtngll.(o1Drado.. ---"""""'°"""" N:lllfwdJvkr9.1'16in"'9~"-'· PROOF OF PUBLICATION GLENWOOD POST STATE OF COLORADO, } COUNTY OF GARFIELD. SS. Ex. A- N~ 17975 I, ................... ~Q!?..~.i;::t ... G .•..... H~J.i>l.~Y. ........................... do solemnly swear that I am .............. G~ner.<!.l .... Manag.er. ...................... of the GLENWOOD POST; that the same is a newspaper printed, in whole or in part. and published in the County of Garfield, State of Colo- rado and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty_t,vo consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been admitted to the United States mails as second-class matter under the pr.:ivisions of the Act of March 3, 1879, or any amendments thereof. and that said newspaper is a newspaper duly qualified for publishing legal notices and ad- vertisements \\'ithin the meaning of the la\vs of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said newspaper for the period of ....... ~ ....... consecutive insertions; and that the first pub_ lication of said notice was in the issue of said newspaper dated . ... J.:U.lY. .... S. ................... .A.D., 19 ...... 86, and the last publication of said notice was in the issue of said newspaper dated ........................... .A.D., 19 ............ . In witness whereof I have hereunto set my hand this ......... 8th .. . day of ··················~~-~-~---.-~~°!ZZ~·-···················· Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado. this ................ 8.tb ............... day · of .................. J.JJ.l.Y. ................................. A.D., 19 .... 8.6 .. . ;(SEAL) ·········~····~······················ Notary Public · ~ ·comm~n Expires ......... :~r. .. ~e>::::::!:.:!~.~ .. :::f:c~ .. <:'.~!: .. 1, .. !.?.?.?. ............ . " 2014 Grand Ave., Glenwood Springs, CO. 81601 ' I • TIME: 3:30 P.M. BOARD OF ADJUSTMENT MEETING #148 AGENDA • PLACE: Garfield county courthouse, Suite 301 DATE: Thursday, July 24, 1986 (1) Call to Order (2) Roll Call (3) Approval of minutes from May 22, 1986 • (4) Request for Variance from Section 3.07.06(b), Front Yard Setback. Applicant: swallow Oil company (5) Adjournment ;.1_ :, :):~ ·'. -~ ; .. . ~' . • MEMBERS PRESENT • BOARD OF ADJUSTMENT MEETING #147 May 22, 1986 John Tripp, vice-Chairman Allan Bowles COUNTY STAFF PRESENT Glenn Hartmann, Planner Eleanor Haring, Recording Secretary Larry Hazelton Pete cabrinha Leo Jarronaron 3:30 P.M. John Tripp called the meeting to order in the absence of Mary CX:lell, Chairman. Denise Acee was also absent. Larry Hazelton written. The unanimously. made a motion to approve the minutes of APril 24, 1986 as motion was seconded by Pete cabrinha and carried ROYAL AND NANCY HAYWARD REX)UEST FOR VARIANCE FROM SECTION 3.02.06(1) (6), FRONT YARD SETBACK. 'Ihe following persons were sworn in to testify: Royal Hayward, Nancy Hayward, Dan Kerst, Fred Davidson and Cleyo Ferrin. Glenn Hartmann ascertained that the proof of mailing had been established to approximately · six adjacent landowners and there was discussion regarding publication in the Glenwood Post. Dan Kerst, Attorney for the Haywards, observed the notice in the Glenwood Post but did not have the actual date. Mr. Hartmann said that submittal of the proof of publication establishing adequate notice would be required but that the public hearing could proceed. Mr. Hartmann continued with the Staff Report stating that the request was for a variance on a parcel of land situated in the NE 1/4 SE 1/4 Section 13, T5S, R91W and IJ:>t 3, section 18, T5S, R90W; approximately 4 miles north of New castle off of county Road 241 at 1748 East Elk Creek. 'Ihe site consists of approximately 3 acres with a private road easement off of County Rd. 241. Mr. Hartmann said the applicant constructed a home on the site, 22 ft. from the adjacent private roadway, failing to allow for the 25 ft. of front yard setback required by the zoning on the property. Mr. Hartmann said that the Haywards were requesting a variance to allow the present setback. 'lhe required setback is 25 feet. Dan Kerst said that the easement in the road by the Hayward property had been shifted to the north and the location of the property line had not been changed, which is the centerline of the road and accordingly the corner of the house is 22.6 feet from front lot line. Mr. Kerst remarked that the Haywards built the home, certainly not to violate the setback requirements, but that is, in fact, what happened. Mr. Kerst stated that this has created a severe hardship especially since the Haywards are in the process of refinancing and to do that they have to be in compliance with county regulations. Mr. Kerst said that it was critical that this be completed so that the refinancing could be completed to avoid dramatic consequences tor the Haywards. John Tripp inquired if there were homes across the road. replied that there were none. Mr. Hayward Mr. Tripp asked Mr. Hayward if he built the home himself. Mr. Hayward stated that he built the capp home after he put in the foundation. Mr. Dan Kerst said that all the neighbors were very cooperative in helping the Haywards solve this problem. -1- l J, • Mr. Hayward presented the Board with some that it was a misunderstanding regarding house out. • photographs of the house, adding the lot line when he staked the Dan Kerst asked that the photographs be an exhibit as part of the hearing. Mr. Hartmann A. B. c. entered the following as The Application The Photographs Proof of PUblication exhibits: Leo Jammaron made a motion to accept the exhibits which was seconded by Allan Bowles. 'lhe motion carried unanimously. Leo Ferrin, a neighbor, said he felt it wasn't the front yard setback but rather the side yard. Dan Kerst said what was being done does not affect the easement but rather having the county grant a lesser setback. It is called the front yard because of the road being the only one going by. Fred D:lvidson, a neighbor, said he lives in the southwest part of the area and this particular request does not affect him. He stated that he is Secretary-Treasurer of the Harris Ditch and Road COnpany and said he had received a lot of cooperation from the Haywards and would like consideration given to their request. John Tripp closed the public part of the meeting and referred the subject to the Board of Adjustment. Leo Jammaron stated that he was satisfied with allowing the adjustment. Larry Hazelton had no further questions. Pete cabrinha said he thought it was a good variance. Allan Bowles had no problems concerning the variance. Leo Jammaron made a motion of approval for the variance to allow a 22 ft. front yard setback with the conditions and suggested findings in the Staff Report and with the condition that the applicant submit proof of publication in the Glenwood Post in compliance with Zoning Regulation requirements. Pete cabrinha seconded the motion and the voting was as follows: John Tripp Yes Allan Bowles Yes Pete cabrinha Yes Larry Hazelton Yes Leo Jarrmaron Yes 'lhe motion carried unanimously. The meeting adjourned Respectfully submitted Secretary emh -.2- • • BOA 7/24/86 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: ACCESS: EXISTING ZONING: ADJACENT ZONING: I. DESCRIPTION OF THE PROPOSAL Request for variance from Section 3.07.06(b) Front Yard setback. Swallow Oil Company A parcel of land situated in Lot 36, Section 1, T7S, R89W; approximately 5 miles south of Glenwood Springs at 6818 Hwy 82. The site consists of approximately 2.04 acres. Hwy 82 Frontage Rd. and county Rd. 114 commercial Limited (C/L) commercial Limited (C/L) A. Site Descripti.on: The site is located at the intersection of county Rd. 114 and the Hwy. 82 Frontage Rd., with access developed off of both frontages. A commercial building is located on the site, including the Owen's Hue Mart Grocery and Gasoline service. Adjacent land uses are primarily commercial. B. ProJect Description: The applicant proposes to construct a 30' x 45' canopy area over the gasoline pump island on the site. The canopy would extend to within 10' of the front property line. The applicant is requesting a variance to allow the 10' setback. II. MAJOR ISSUES AND CONCERNS l . The lkt in question is both a page J Development on the site and requirements that corner lots off both frontages. corner lot and L-shaped. (See is limited by the lot shape maintain a front yard setback 2. While the applicant has not yet submitted any supporting evidence, the placement of the gasoline pump island in its present location approximately 40' from the commercial building may be due to safety considerations. 3. The proposed canopy will be located 55' from the centerline of the Hwy. 82 access road and approximately 200' from its intersection with the county Rd. Based on these distances and the canopy type construction, no additional impacts to sight lines along these roadways is anticipated. III.SUGGESTED FINDINGS 1. That the application for variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper required for Adjustment. publication and public hearing -3- public before notice was provided the zoning Board as of ). 3. • That the public hearing before the extensive and complete, that all submitted, and that all interested hearing. IV. RECOMMENDATION • zoning Board of Adjustment was facts, matters and issues were parties were heard at the Approval of a variance from Section 3.07.06(b) to yard setback, for the purpose of constructing a pump canopy, as proposed by the applicant. allow a 10' front 30' x 48' gasoline -1- , , • • APPLICATION GARFIELD COUNTY ZONING BOARD OP ADJUSTMENT Jc, ','IL t. "'"'-' cf>, L C,,, request(s) a applicant/e· z {s) name variance of the Garfield to Section, __ ..,......,......,......,......,......,......,......,....__,..,...._,....,......,.....,_..,......,......,......,.... section number designation f County Zoning Regulations concerning /:-,("p",,-.J, .. ;r,3,,;,,x .~ /-'' type of variance requested to permit..,....-=C~·~'~__:·J~·,?,:<.~;,r~u~c~r:;~,~,~~·:......-.::/:.',.--......:."".:-~-?7~c~·y~"~<..,....~~~Al~W':::..,:0~1::-..,....'9.:,z~~·!:d:.......:..J~,~,,~x::,,...~¥-·..,....:....../.~;--~,------­ cl~Y .. .:.i1 7?1c L'"><.1.sTiNtt· i?K,-/" J-J'"""'" >' tJ4,I/,:· 41-Ce.. •. ..-,.__,.,,,. //"". /??A;rr- in the zone district. name of zone district ~vr-c{;,_ · ~{ C.~ Signature of applicant/o· .. ·uu (Ii) A. / I• ~ .~d ·'Ye" r~~ ~P"'thJ... Mailing Adress: /.'t.' 4.{~J( 'T .?9 2/1/.4 t;>o /t.~X/?..l ?./" .r,'/ Phone: )/J.-,2Jj' .J 0 I APPLICANT J .. ·,.-l L O<-v\ v,c. c,. Mailing addres~~:..,..........:.B_;..'~..,....~.f~(;~,~J-'..,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,...._ (.~, (.,,_, LEGAL DESCRIPTION OF SUBJECT PARCEL: J)1..1".A. c,...,•,p J;-v~J WATER SUPPLY:..,......,......,..........:.u~)_c_,_'..,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,...._ APPLICANT'S REASONS WHY THE VARIANCE SHOULD BE GRANTED: /. ,;-;,.,",,,....... ,?,¥•' /I//•'.,,,.,,,,,.<£'' r.· );p,; /"""'/'''-'? .2~ ~-;;.,,,.r..~1-'-";;. 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I I I - ' ' ''>-- ' • -''~'liJ _,,,,,.J • ·-·------···-· -~~-~-=-~-.. ~·~··_:::.:..:.__:::::::=;~~-=·· ...... --------- •• _9 .• ,..... . : · I t? ·'" '-.J,.' I ·1 .~,..$" il I .. n· ....... ,. ' \, ,• UI' >H " . ll .. _ ..... ,, ••• ·r • ,: I ,, -•• h , ,.;"'"'"'. -----..... ,, • 'r'lr~f· • \. t • • • • l -?- ·'"'lr/ . • ,.·· . ";\ v • Q .. " .. " ~ " .. ' • • ~ ,/ _,/ _ .. ,,- June 27, 1986 swallow Oil Company Box 868 Rifle, a:> 81650 • Attention: Gary swallow Dear Mr. swallow: GARFIELD COUNTY PLANNING DEPARTMENT • Your application for a setback variance located off of Highway 82 has been scheduled for a public hearing before the Board of Adjustment on July 24, 1986 at 3:30 P.M., in Suite 301, Garfield County Courthouse, 109 8th St., Glenwood $prings, a:> 81601. It is suggested that you be represented at the time of the meeting. Copies of the enclosed public notice form need to be mailed by certified return-receipt to all property owners adjacent to or within 200 ft. of your property no less than 5 days prior to the meeting. In addition, a copy of the notice form needs to be published one time in the Glenwood Post, 15 days prior to the meeting date. The receipts from the mailings and proof of publication needs to be presented at the time of the meeting or submitted to the Planning Department prior to the meeting. PUblication should be completed by July 8th and mailing by July 18th to ensure compliance. It is requested that you display the enclosed notice poster on the site, to assist the Board of Adjustment in locating and reviewing your request. If you have further questions or concerns regarding the meeting or public notice requirements, please contact this office. Sincerely, Glenn Hartmann Planner GH/emh encl. 109 BTH STREET, THIRD FLOOR 945-82121625-5571 GLENWOOD SPRINGS, COLORADO 81601 • • PUBLIC NOI'ICE I Take Notice that swallow Oil Company has applied to the zoning !bard of Adjustment, Garfield County, State of Colorado, to grant a variance in connection with the following described property situated in the County of Garfield, State of Colorado; to-wit: Legal Description: A parcel of land situated in Lot 36 of Section 1, Township 7 South, Range 89 West of the 6th P.M. Practical Description (location with respect to highway, County roads and residences): Located approximately 5 miles south of Glenwood $prings at 6818 Highway 82, ONens Hue Mart Grocery. Said variance request is to allow the Petitioner relief from Section 3.07.06(l)(B) to allow a 15 ft. front yard setback on the above described property. All persons affected by the proposed variance 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 variance request, as the zoning Board of Adjustment will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the variance. This variance 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., 1-bnday through Friday. 'Ihat public meeting on the application for the above variance has been set for the 24th day of July, 1986, at the hour of 3:30 P.M., in the Commissioners Hearing Room, Suite 301, 3rd Floor of the Garfield County Court House, 109 8th Street, Glenwood Springs, Colorado. ~!+~~ Planning Department Garfield county • • APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT applicant/eiZtS! (El name request(s) a of the Garfield variance to Section ~-s-e_c_t,..,...io~n~n-u-m~b-e-r~d...-e-s~i-g_n_a_t,..,...io~n~~~ County Zoning Regulations concerning F,,.c,"/-.J,.·/(3,,;,-x ./ /S' type of variance requested to permit:---:;C~-~~A~~~-}';<~~~·~·~7~;~,~~·~..:+.'~.....:.,.,.;._~~=""'<~·~~,.'"-!.~~~c~..-?.~:.t/~o:;.:;,1;:.-~~/9.<:'4~~~·::.<1.....:3~,~,,-x'::.,.r;;.,:.¥~~~./.~-;-~,~~~~ c,.y .. ::4 7t1£: 1...0:-x",sr;,.._;c 4..,.,...,,1' TJ t..,.,,,,...." ~ (24/v,.~-a1-t?e:.·,'""'/"· #tt<-' /jzd6'r- in the name of zone district OWNER Ah'k T« ...,t'~,. - zone district. cftvr...&:..__, «2<.( G~ Signature of appl1cant/owP1u (11) .4'""'// .,h.~r...K:.,,j .~""-- Mailing Ad ress: /'c-· d_,_x .Y l 9 __;,~~"-'-'---'--~~~~~~~~~~~~~~~~~~~~~~~ Phone~:~--'(;~,~~~J-~_-_/_'7L---'b--'-~~~~~~~~~~~~~~~~~~~~~~~~~~~~ LEGAL DESCRIPTION OF SUBJECT PARCEL: j)t.f'S c,t,, /,--,,,.,_, PRESENT ZONING:~~-~-..-_· _4~74.;,_;,_1~_~_,_c_,_~_t __ ~_t_·,_~_,_._/_c_4~~~~~~~~~~~~~~~~~~~~ WATER SUPPLY:~~~-u:;,,:_J_c_<_<~~~~~~~~~~~~~~~~~~~~~~~~ UTILITIES PROVIDED: ///,;/ 6n4, ~~~~~~"---~~~~~~~~~~~~~~~~~~~~~~~~~ APPLICANT'S REASONS WHY THE VARIANCE SHOULD BE GRANTED: /. .t-;,,,-,e.,•,.-~o· /1/;"•·:ddA• «" /' );#,-/•-C../c"/,l .2-~-;;.,/t.-:-. l ..._'"' /?1r'<.·· {/g.,v?;"J/../..; c,.,,~·A /fi.1 .. --6-79.r /"'",,,...../" "':~/,-t-,.J ,...._ iJA;v' .. :·t"''""Y· .). /1.,,7;:-~?;1,._· r'~ (,,s;;;;,.,.,_./.:..s ;'?/ $ .. · 6;11.s· /'"»'I/•· ·~..,, t<J~('·<P ...... ~/ -¥111.'tJc/: /'?<ccJ.i v/s,,.t1v• ?:;" /# .. ' /lc-<tf.:t.1 /'9.> /ht.6' C~(Z,-.< C,,,.;c' .:("~ ?,f--~· A~·E.J' ~,;,,~ ,:~ A//..-t..:>.X /• /7..t' /.4,,,., •. 7 d'.1-. .s:.r' fa..-,....._ i7f"E l'v?i<A. t.·"/J,·~· ·/ 7/./t: p/C•/~ "~'/> <A'~-,,,./, :·, (' c .... , . ., ... ,.., ..... ?1. ,. >,/1;j I \.! COUNTY j.. I .. " : --·- I ! ) ~ ~ ii ~ .L_ I I "· . "'"' . .. ·. I t ---1 1 '"" I j ! •" ,., ' I -' I :t ..... I i 10 . 3/ ·. 1 ·-... ' ( ' ' t I ) ' \ ·-. \ • "':. .. ·-... J t .... ·: "'"'"' : I. ' ' .. . , \ i: I '""'·-~j! ...... , t ' I '· ---ii .. ·• ..... 1\ ... .-·h -· < I \ I . : :~· : . r«' .f•~ --__ .... Ill -~;:; ........ 1--....... I • I . j --.-1 ... R 87 EASTERN HALF OF ' ~ \._ .... ~ I "'1 {'_,' I;:; ~- t . ',' ~-,! ... ~. j.'\' f\. r ,. -~· :I ' .. ~ .... • II A fl :E;XHIBIT_ , , .. j .I. I ' I •'' I ~ I 11 , , ~ \ ' ! i .; I ,. ... I I I I /,. . . .. ·" • • • . ~. "' •. : I' .. )'~ I I 0 ,., 'r I I • ' ~ I ~ i ~ ~ ~ -.; ' ' ,, I• .• { ' ; '• t " ~ ' • • • • "· ~ I .Vi ! ~I 'I . .: "" I.Ii ~ l'i\. 1-~ .. I e ~ r ~. ~ I ~ ~ I ~ \'.) ! \'.) ' ' ' I I' .1 , I • . ' I-,'' //r . ' ~ ' ~. ' " h I ' I """' I ~ I). ' • .. "' ~ Q ~ ". ~ " ' I I I i ~ " lo ,::; ~ I ~ \ ~ • I I ~ ~ ,\ ~ L ' • • -------------------------,,..--------------------. ./ i ~' l I I ,,,_ u' I " \ " .. " .~ J, ' .• ~ "'" . \ ,. -.' ,, . ~· ,' -~· -------· -----·--·--------..... ----·------------_,,_. ------- 'I ·, ( I N.IJ'"Lr""°•w. /.6,/' (#u-1 •1•1) II:~-/~'/'" " • 74. 34" • <•r-~411.1"} CN• NIS"J~"-f/""F. ?.!'.II' ,, .. ,""'J' •,u ..... ,,;, ''-"') ~ '-+-.~ ~ \ I x ~~ Yt . c i: ··- rn-:'{ ~ .,, ~ .:Gr, ~I , \).'..;, ;ti ' ' .. < " ~ ~ ' \o ~ ~ 'ri :-'! ~ l'r1 ~ ~ ;;i "' ~ :o !i ~ . ;. -· ,. < Cl -. ~~ .. ;!'.i 0 -~ :;--~ -,, K .... ,. ~ . ' ·' ;• ~"X ~ ;~ ' ~ ;.. ~ ~ ~· ~: ~ ~~ : I . ' ;~ ~ I ;'"" b ~· ~~ "" I . •. . ' : 'J • ·-•. , . RecorJed at .............. ~;· ....... : ... o'clock: ........... j,\o!., •••..•.......•..•..........•..•.....•...............•..••.•••...•••••.... Reception N . ......................................................................... J ............ Reeorder. f!=:::::=,;,,:;:ri::\=1~1~t':::iz~ •• ~.====:::::! ........... \...\..' ... ~ .. ~l .. o ''~ .{~ ·~l:JI·~~ . ··,,[! ''..,... ; : .. ' ' . . -....... :' '.filisl~~~~ad\ ~ 5th day of November ~ t9SS<'(~tW~n, (. tiRE ;°'MART CORPORTION ~ \' \ \ '<·l.·tll~ \ > •' .......... "' ... ...... ·....; .r: •. \ .,i: "·· .. ··~ ..... ~ '; . ·'•, ('l.,,.1''"•"'' ·-~· ,, ... -" ('( \'\ ,. ,, ,,,, . . , ' ' ,,,, ' . a co?jjcwa\IOJI duly organized and existing under and by virtue of the laws RECORDER'S STAMP of the State of Colorado .. of the first part, and NEUTZE, INC. ·~<i·, a corporation duly organized and existing under and by virtue of the laws of the State of Texas xmit?;e l6ROllllll:inaQ: and qualified and authorized to do business in the State of Colorado, whose address is P.O. Box 479, Uvalde, TX 78801, of the second part, WITNESSETH, That the said party of the first part, for and in consideration of the sum of '. Three Hundred ~ifty Thousand and no/100--------------------------------DOLLARS ........ .+ .... \';', . . ~· -. ; ... !-.': ~ ' : j to the aald party of the first part In hand paid by the said party of the second part, the receipt whereof ls hereby confessed and acknowledged, hath granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following described or parcel of land, situate, lying and being In the County of Garfield and State of Colorado, to wit: A parcel of land situated in .Lot 36 of Section 1, Township 7 South, Range 89 West of.the 6th.P.M., Garfield County, Colorado, lying Westerly of the Easterly line of said Section 1, Easterly of the Easterly right-of-way line of State Highway No. 82, Southerly of the Southerly right-of-way line of County Road No. 114, and Southerly of the centerline of the Public Service Company's trans- mission line, said Parcel, also partly described by Document No. 282247 of the Garfield County, Colorado records, said parcel of land is more fully described as follows: Beginning at an iron pipe with a brass cap properly marked for the East Quarter Corner of said Section l; thence S. OO .. i5'00" W. along said Section line, 269.75 feet to a point on said centerline transmission line, the TRUE POINT OF BEGINNING; thence S. 00°15'00" W. 70.25 feet along said Section line; thence N. 88°15'00" W. 369.28 fe(;lt to·a point on saidl>highway right-of-way line; thence along said highway right-of-way line, N. 37°25'00" W. 40.62 feet; thence N. 31°42'30" W. 251.30 feet; thence N. 58°17'30" E. 40.00 feet; thence N. 31°42'30" W. 52.20 feet; thence N. 37°25'00" W. 13.61 feet (record 13.98 feet) to a point on said County Road right-of-way line; thence along said County Road right-of-way line, 70.32 feet (record 68.69 feet) along the arc of a curve to the right, having a radius of 327. 28 feet, the chord of whl.ch bears: N. 85 ° 32' 41" E. 70.18 feet (record N. 85°44'15" E. 68.56 feet); thence S. 88°18'00" E. 19.62 feet; thence 141.27 feet along the arc of a curve to the right, having a radius of 914.93 feet, the chord of which bears: S. 75°01'48" E. 141.13 feet; thence leaving said County Road right-of-way line, S. 25°40'46" E. 272.55 feet to a point on said centerline transmission line; thence S. 87°36'35" E. along said center"iine, 180.00 feet to a point on said Section line, the TRUE POIXT OF BEGINNING. Subject to easements and rights of way of public record and reservations and exceptions contained in United States Patents. Granter hereby reserves to itself a drainage easement 10 feet in width extending along the Southerly boundary of the property above described, which easement shall be utilized for surface drainage only and for the sole benefit for the parcel of property now owned by the GraQtOr and.which is continguous to the Easterly boundary of the property above described and contains 1.05 acres, more or less, and is more particularly described as Parcel No. 2 in Resolution No. 79-78 of the Board of County Commissioners of Garfield County, Colorado. The Granter also reserves an easement and right of way for the drainage of water from the 1.05 acre tract above identified onto the tract of land herein conveyed, which drainage of water shall be carried to the Southwesterly corner thereof by means of a drainage ditch. Grantee shall have the right, however, to relocate such drainage ditch or to divert or otherwise handle such drainage water in any fashion acceptable to it and which is not detrimental to the Granter. No. 994A. WARRANTY DEED-Corporntion to Corporl\tlon. -Bradford Publlshing Co., 1824-46 Stout Strttt, DE>nver, Coforado-2-i:?