HomeMy WebLinkAbout3.0 Correspondence & ConditionsGARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
November 19, 1991
Thornas L. Adkison, Esq.
Lcavenworth and Lochhead, PC
P.O. Drawer 2030
Glenwood Springs, CO 81602
RU: Ifenderson/Stirling Exemption
Dear Tom:
At their meeting on Mon<!ay, November lSth, the Board olCounty Commissioners approved
ygur client's request for a Subdivision Exemption. This approval was conditioned upon the
atlequate completion of the following conditions prior to the adoption of the Resolution of
Approval and the Exemption Plat:
L All representations of the applicant shall be considered conditions of approval unless
otherwise stated by the applicant.
2. The applicant shall have 120 days to complete the required conditions of approval.
Extensions of 120 days may be grantecl by the Board for a period of up to one (l) year.
3. The resolution of approval shall specifically modify that portion of Resolution No.83-
301 restricting further division of the subject property.
4. The applicants shall prepare and subrnit a well sharing and maintenance agreement
addressing the two (2) ten aore parcels. A water line easement, serving both parcels,
shall be depicted on the plat.
5. The exemption plat shall depict all easements, utility lines and ditches.
6. The applicant shall pay $200 in School tmpact Fees for the newly created lot.
lo9 BTH STREET, SUtrE 303 . g45-82t21625-557t1285-7972 . GLENWOOD SPRINGS, COLORADO 81601
t
Thomas L. Adkison, Esq.
Page2
November 19, 1991
7. The following notes shall be included on the exemption plat:
l. Witdtire prevention guiclelines of the U.S.F.S. shall be observed in residential site
planning and construction.
2. Engineered loundation ancl/or wastewater systems may be required.
3. No further exemption from the definition of subdivision shall be allowed.
8. prior to the approval of the Exemption Plat, verif-rcation of the acceptability of the
water supply plan shall be received from the Division of Water Resources.
g. A roadway easement shall be identified on the exemption plat that meets minimum
County standards lor access to the Sun Mesa PUD.
lf you have any questions regarding these conclitions or the process, do not hesitate to call.
Sincerely,
Andrew C. McGregor
Planner
ACM/rlb
xc: John Stirling/Denise Henderson
LOYAL E. LEAVENWORTH
JAMES S. LOCHHEAO
SHERRY A. CALOIA
THOMAS L. ADKISON
Mr. Andrew C. McGregor
P. O. Box 2841
Glenwood Springs, CO 81602
LEAVENWORTH & LOCHHEAD, P.C.
ATTORNEYS AT IAW
August 29,1991
1011 GRAND AVENUE
P.O. DRAWER 2O3O
GLENWOOO SPRINGS, COLORADO 81602
TELEPHONE: (303) 945-2261
FAX: (303) 945-7336
Re: Ruth Stirling l,ot Split Exemption
Dear Andrew:
Pursuant to our conversation of August 28, 1991, ir is my understanding that you are
going to proceed ahead on the requested lot split exemption of Ruth Stirling. I have provided
you with documents concerning the well that is currently being used by Ruth on her property.
This particular well, Gene's Well, is permitted for use for three family dwellings. Since there
is currently only one dwelling on the property, it can be used for another dwelling. It is my
understanding that the County will require that a well sharing agreement be done and signed by
the owner of the property and recorded. I will be happy to prepare such a well sharing
agreement. It is my understanding that you will not need such agreement until after the public
hearing accomplished. Since Ruth Stirling is anxious to get this matter completed, I have
requested that Denise Henderson contact you directly to try to get things moving.
Iwill beoutof townuntilSeptember16, 1991. Afterlreturn, Iwillbepreparingthe
well sharing agreement. If you need any additional information, please feel free to call my
office. Ellen Gaugler is familiar with the files and may be able to provide any additional
documentation that you may require in my absence.
Very truly yours,
LEAVENWORTH & LOCHHEAD, P.C.
SAC:lln
cc: John Stirling
Denise Henderson
Crystal Travel, Inc.
1013 Highway 133
Carbondale, CO 81623
AuG 2s 1991
i' '' [Y-gnnr iLLIJ \'\"rJl\C: \FILES\MCGREGOR. 2LT
LEAVENWORTH & LOCHHEAD, P.L.
ATTORNEYS AT LAW
March 16, L992
1011 GRAND AVENUE
PO. DRAWER 2O3O
GLENWOOD SPHINGS, COLORADO 81602
TELEPHONE: (303) 94s-2261
FAx: (303) 945-7336
LOYAL E. LEAVENWORTH
JAMES S. LOCHHEAD
SHERRY A. CALOIA
THOMAS L. ADKISON
Mr. Andrew C. McGregor, Planner
County of Garfield
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Henderson/Stirling Exemption
Dear Andrew:
This will confirm my conversation with you on this date, in which I indicated that we
will not be able to submit the final plat for this exemption within the original 120 day perid
granted by the Garfield County Commissioners. A number of issues have arisen concerning the
legal access to the parcels which will be created by this exemption, and to the proposed Sun
Mesa P.U.D. County Attorney Don DeFord has requested that you and I meet with him to
resolve these issues before the final plat is submitted. Therefore, we request that the
Commissioners allow an additional120 days for submittal of the final plat.
Enclosed in satisfaction of the other requirements for the subdivision exemption are a
copy of the Well Sharing Agreement which has been executed by the parties, and check for the
$200.00 school impact fee for the newly created parcel. With those conditions satisfied, I
believe that the only remaining issue to be resolvdis the question of access. I will contact you
to arrange a time for our meeting with the County Attorney in the near future.
Very truly yours,
LEAVENWORTH & LOCHHEAD, P.C.
Thomas L. Adkison
TLA:lln
Enclosure
cc: John Stirling
Denise Henderson
Arthur Ober
Ruth Stirling
C:\FILES\MCGREGOR2LT
LEAVENWORTH & LOCHHEAD, P.C.
ATTOR}TEYS AT LAW
t{0v I
LOYAL E. LEAVENWORTH
JAMES S. LOCHHEAD
SHERRY A. CALOIA
THOMAS L. ADKISON
HAYDN WINSTON
November 16, 1992
Mr. Mark Bean, Director
Garfield County Regulatory Offices & Personnel
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Stirling/HendersonExemptionPlat
Dear Mark:
Enclosed please find copies of easement deeds for the 60' right-of-way that will become
County Road 162A. At this point, I believe we have met the requirements and can now get
approval and finalization of the exemption plat. Please let me know when we can coordinate
the recording of that document, as the easement deed and following deeds for sale of the
property will be recorded using the recording data from the exemption plat.
Thanks for your help on this one.
Very truly yours,
LEAVENIWORTH & LOCHHEAD, P.C.
SAC:lln
Enclosure
cc: John Stirling
Ruth Stirling
C:\FILES\BEAN.2LT
EASEMENT DEED
THIS DEED made this 5tn day of November 1992, betrveen JOHN M.
STIRLING, whose address is 0704 Skipper Drive, Carbondale, CO 81623, (hereinafter
"Grantor"), and the County of Garfield, whose address is 109 Eighth Street, Glenwood Springs,
CO 81601, (hereinafter "Grantee");
WITNESSETH:
That the Grantor, for and in consideration of Ten Dollars and other good and valuable
consideration, receipt of which is acknowledged, hereby grants, bargains, sells, and conveys to
the Grantee, & fl foot access and public utility (asement situate, lying and being in the County
of Garfreld and State of Colorado, described as follows:
See Exhibit nAn attached hereto and incorporated herein this reference;
The easement herein conveyed is for the sole purpose of locating, maintaining and for
the repair over and across the above-described land a 60 foot County Road to be incorporated
within the county road system for access for the use of the public and for the location,
installation and maintenance of public utilities and private water lines.
IN WTINRSS WHEREOF, the Grantor has executed this deed on the date set forth
above.
M. STIRLING
STATE OF colorado )
) ss.
COIINTY OF Garfleld )
Acknowledged, subscribed, and sworn to before me this
1992, by lohn M. Stirling.
5tn day of I'lovember
WTINESS my hand and official seal.
My Commission expires: LL/8/96
/"""
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C:\FII.ES\STIRLIN.3ED
Novcobcr4, 1992
I
nl]{IBIT ''A''
60 FWI .eCCEgg, urrt.rry a{D 9BmRLTNE EASEMEN?
(6,J![IY ROAD NO. 162A)
A strip of lard situate in the t{est 1./2 of the Nort}reast L/4 of the NorUtrest
l/i of Sectlon 29, Torrrship 7 Souttr, Range 87 !,Iest of the Si>frh Principal
l,{erldlan, G+rfleld County, Colorado, the pertrreter of *rlch ls clescllbed as
follots:
Beginning at a point on the North Line of said [ilest l/2, dtettce the North
Orarter Corner of said Section 29, a fourd Brass Cap, L.S. t1120{ ln place
bears N.89o28r26r8., 1266.89 feet; thence leaving said North line
N.07"30t05r'W., 64,?3 teet to a point on an ecisting fence line (said tence line
also being described in Docurent No. 408580 of the records of the Garf1eld
Cor:nty Clerk arrl Recorderre Offiee); thence along said fence line ard fence
line e:rterded H.89o36'{?'8r., 50.55 feet; therrce g.00053t03rtt{., 65.07 feet.to
the Northeast @rner of a 0.93 acze parcel of lard as described in Docurent No.
315718 of, said Garfield County Clerk arrl Recorder's Of,fice; thence along said
North llne of eaid l{est t/2 N.89o28'25rtE., 60.02 feet to the polnt of
beglnnlng, aald parcel containing 0.082 acres, IIDre or }ese.
TOTRL P.A4
* r:-
EASEMENT DEED
THIS DEED made this /-# day of /t/ttto*th^- , L992, between RUTH
STIRLING, whose address is 1529 Sumney Town Pike, I-ower Gwynedd, PA 19002,
(hereinafter "Grantor"), and the County of Garfield, whose address is 109 Eighth Street,
Glenwood Springs, CO 81601, (hereinafter'Grantee");
WITNESSETH:
That the Grantor, for and in consideration of Ten Dollars and other good and valuable
consideration, receipt of which is acknowledged, hereby grants, bargains, sells, and conveys to
the Grantee, & fl foot access and public utilify easement situate, lying and being in the County
of Garfield and State of Colorado, described as follows:
See Exhibit "A" attached hereto and incorporated herein this reference;
The easement herein conveyed is for the sole pu{pose of locating, maintaining and for
the repair over and across the above-described land a 60 foot County Road to be incorporated
within the county road system for access for the use of the public and for the location,
installation and maintenance of public utilities and private water line.
IN WTINESS WHEREOF, the Grantor has executed this deed on the date set forth
above.
STATE Or la'2*7b+3
Acknowiedged, subscribed, and sworn to before me this /J- day
t992, by Ruth Stirling.
WTINESS my hand and official seal.
My Commission expires:
COI]NTY 'fr@
C:\FILES\STIRIING.3 ED
Novabcr3, 1992
t$EldsdfficiaL Hagan, I*EyRJtlo
l.orlBr GwyrE*, Twp., fr/ortbonerv Ca.rIY
tvty Csrrnissein Exrjrcs tfrnh 7, 1994 '
uL.l -e ( - L>a1 .L)' U (
EXHIBII ,'A"
60 rcoT ACCESIS, t rrI.rlY A}lD vanERLINE EASE{ErI
(cctul.r':r RoAD llo. 152A)
A strip of lard sitrrate in the tdesL t/2 of the Northeast t/4 of the Northrcst
L/4 of SesElon 29p Tormshlp 7 South, Range 87 0&st of the Sturth Principal.
Heridian, Garfield Cor:nty, Colorado, the perineter of $ellctt is desctlbecl as
follotm:
Eeginning at a point on the North line of said !trest L/2, vlnence the North
Onarter Corner of said Section 29, a forrd Brass CaD, L.8. *11204 ln place
bears N.89o28f 25IE. ' 1256.89 feet; therre Leaving said Ncth line
9.00o53f03flW., 12L9.{3 feet to the beginning of a non-tangent currre to the
right having a radir:.s of 60 feet; thence 175.31 feet along ttre arc of said
curve (ctrord bears S.09o03r56tr$t., 119.28 feet) to a point on the South llne of
sald lrlest l/2, sald South Iine also being the North line of Sun Hesa PIJD;
thence along said South llne S,89021f 33rtW., 97-00 feet; thence N-39029r40rl8.,
85.45 feet to the Southeast Corner of a 0.93 acre Elarc-el as descrlbed in
Docunent No. 315?L8 of the record.s of the C'arfleld Courrty Clerk and Recorderts
Office; thence along the easterly line of sald 0.93 aczes parcel N.00053t03'fE.,
12?1.05 feet to the Northeast Corner of said 0.93 acze parcel; thence along the
North line of said West l/2 N.89o28t25ttE., 60.02 feet to the point of
beginning, contai.ning 1.968 acres, mcre or less.
lll
LEAVENWORTH & LOCHHEAD, P.C.
ATTORNEYSATLAW
:'
rinti.-ri-, I
1011 GRAND AVENUE
PO. DRAWER 2O3O
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (303) 945-2261
FAX: (303) 945-7336
October 6, 1992
Mr. Mark Bean
Garfield County Planner
Garfield County Courthouse
109 Eighth Street, Suite 300
Glenwood Springs, CO 81601
Re: Stirling/HendersonSubdivisionExemption
Dear Mark:
Enclosed please find a copy of a deed that John Stirling received from Veral Fender for
that small section of the roadway that is located to the north of Ruth Stirling's property. We
were awaiting receipt of this deed before dedicating the roadway to the County and obtaining
final approval for the subdivision exemption.
At this time, I will be requesting preparation of a Final Plat which shows a dedication
of this roadway in its entirety on such Plat. This dedication will include this small piece of land
that we acquired from Veral Fender. Additionally, the balance of this strip of land we acquired
from Veral Fender will be included within the north parcel, or Parcel A, of the subdivision
exemption.
John Stirling is getting ready to build on Parcel A and would like to receive final
approval for the subdivision exemption. At this point, we have entered into an agreement with
the County concerning the acquisition of additional right-of-way for County Road 162, as it
adjoins County Road 162A. With all of these agreements and this final deed being in place, I
am asking you to let me know whether the Board can finally approve the subdivision exemption.
Additionally, please let me know whether it is possible to include the additional land
within this subdivision exemption. This is a small 65-foot strip of land to the north of the parcel
and adds approximately one acre to the parcel. It would not be a legal lot according to the
Garfield County Subdivision Regulations, and it occurs to me that it would be in the County's
best interest to have this particular strip included within Parcel A.
LOYAL E. LEAVENWORTH
JAMES S. LOCHHEAD
SHERRY A. CALOIA
THOMAS L. ADKISON
HAYDN WINSTON
C:\FII-ES\BEAN.ILT
LEAVENWORTH & LOCHHEAD, P.C.
Mr. Mark B€art
Page 2
October 6, L992
I look forward to your comments.
Very truly yours,
LEAVENWORTH & LOCHHEAD, P.C.
SAC:rln
Enclosure
cc: fohn Stirling
Sherry A{ .aloia
C:WIIIS\BBAN.lLI
SPECIAL WARRANTY DEED
TIIIS DEED made this J:day of OA* , , 1992, benreen VERAL L'
EENDER, JR., whose address is so+i s. 32nd St. Apt 4, Fort Smith, Arkansas 72903,
(hereinafter ,Grantor"), and IOHN M. STIRLING (hereinafter "Grantee'), whose address is
OZO+ Stipp"t Drive, Carbondale, CO 81623;
WITNESSETH:
Ttrat the Grurtor, for and in consideration of Ten Dollars and other good and valuable
consideration, the receipt and suffrciency of which is hereby acknowledged, has grarlted:
bargained, sold and coriveyed, and by these presents does grant, bargain, sell, convey and
*n-fi*, unto the Grurtee, trii treirs anA assigns forever, all the real property, toge$9r wlth
improvements, if any, situate, lying and being in the County of Garfield, State of Colorado,
described as follows:
A parcel of land situated in the Southwest Ll4 of Section 20, Township 7 South,
Range 87 West of the Sixth Principal Meridian, County of Garfield, State of
Colorado; said easement being more particularly described as follows:
(Ihis description is based on the field location of the proposed right-of-way
easement and documents of record)
Commencing at the Southwest corner of said Section 20, whence a witness corner
to said secti6n oorner, being a Garfield County surveyor brass cap, bears South
02o59'39' West 66.00 feeU thence North 86o10'49' East 1351.03 feet'to the
Southwest corner of that property described in Book 769 at Page 979'of the
Gafield County Clerk ana necoraer's office, The Tnre Point of Beginningi
thence Souttr 89"38'17' East along the Southerly line of that property described
in said Book 769 atPage 979 658.94 Feet; thence leaving said Souther$ line
South 00o2l'43' West 67.4L feet to the Northeast corner of that property now
owned by Ruth Stirling (described as the WLlz NE1/4 NW1/4 Section 29,
Township 7 South, nange 87 West 6th P.M.); thence South 89'28'26' West
along ttri Norttrerty line of said Stirling property 658.04 feet to ttre Northwest
co*ir of said Stirling property; thence North 00o21'28' West 77.61 feet t'o Ihe
True Point Of Bgginning; saidparcel containing 1.096 acres' more or less.
TOGEf,IIER with all and singularthehereditaments and appurtenances ttreretobelonging,
or in anywise appertaining, and theieversion and reversions, remainder and-remainders, rents,
issues ana profiti thereof; and all the estate, right, title, interest, claim urd demand whatsoever
of the Grairtor, either in taw of equity, of, in and to the above bargained premises, with the
hereditaments and aPPurtenances;
.C:\FILES\$IIUNG.3Stf,
Scptcobct2{' 1992
TO HAVE AND TO HOLD the same, the said premises above bargained and described
with the appurtenances, unto the Grantee, his heirs and assigns forever. The Grantor, for
himself, his hein and personal representatives or successors, does covenant urd agree that he
shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet
and peaceable possession of the Gmtee, his heirs and assigns, against all and every person or
persons claiming *re whole or any part thereof, by, through or under the Grantor.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth
above.
STATE OF A KK 4 NS,+51
) ss.
COiINTY OFsEgr,sryv)
VERAL L. FEI{DER
Acknowledged, subscribed, and sworn to before me this ln! a^y of O.toler ,
1992, by Veral L. Fender.
WTINESS my hand and official seal.
My Commission expires:
C:\FILES\SIIRLING3STf,
Scptdcr2l, 1992 -2-
a
LOYAL E. LEAVENWORTH
JAMES S. LOCHHEAD
SHERRY A. CALOIA
THOMAS L. ADKISON
HAYDN WINSTON
LEAVENWORTH & LOCHHEAD, P.C.
AMORNEYS AT LAW
October 14, 1992
1011 GBANDAVENUE
PO. DRAWER 2O3O
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (303) 94s-2261
FAx: (303) 945-7336
Mr. Don Scarrow
Scarrow & Walker
811 Colorado Avenue
Glenwood Springs, CO 81601
Re: Stirling Exemption Plat
Dear Don:
Pursuant to our conversation of Wednesday, October 14, 1992,I am herein setting forth
the changes I would like to see made to the Final Plat for this exemption. The changes are as
follows:
1. The property description of Parcel A should include, in a separate description, the
additional acreage thaf wii be added to Parcel A for the 65-foot strip of land contiguous to the
north bounaary of parcel A. The actual drawing of Parcel A should then include this as an
addition to Parcel A as I discussed in my last letter.
2. The 60-foot access and utility easement designation should be chan to 60-foot
u iQ-f*t utility easement which should be corrected to a lO-foot utility and water I easement.
3. The 60-foot access and utility and water line easement will be to the
dditionally,
access and utility and water line easement. This particular change should be
legal description and on the drawing. Additionatly, on the south poftion of
County. Please put in the appropriate language for dedicating this to the County.
the deicription of the roadway should be amended to include the additional right
the 65-foot strip of land to the north of Parcel A.
A copy of this Final Plat should go
finalized. I would like to try to get this
Commissioners as soon as possible.
to the County for review before
exemption approved bY the
As I also requested in my telephone conference, please hand deliver the I
to Mark Bean so that he can prepare a resolution of approval.
C:\FILES\SCARROW.I LT
both on the
B, there is
-way across
is actually
of County
4. Lastly, in Note No. 6, the word "required" should be changed to allowed"
descriptions
FUG 1A '93 11T4EI1I'1 LIF]VENI^]ORTH & LOCHHIF]D F. 1,'1
1011 GRAND AVENUE
P,O. DHAWEH EOSO
GLENWOOD SPHINGS, COLOFADO 8'160?
TELEPHONET (3'03) 945-e261
FAX: (003) 945-7338
TOYAL E. LEAVENWOFTH
JA,MES 3. LOCHHEAO
EHERHY A, CALOIA
THOMAS L. ADKISON
HAYDN WINSTON
LEAVENWORTH & LOCHImAD' P.c.
ATTORNEYS AT LA\ry
August 10, 199?
Re: HendgLson/,stirlingsubdivisiontrxemption
Dear Mark:
The Garfield County Cornmissioners gave preliminary approval !o this subdivision
exemption on November 18, 1991. Because a nimbef of issues arose concerningthe access road
to the trxemption p*r.Jr, we applied for and the Comnrissioners approved a 120-day extension
at their meeting on-RpJ O, rggz. By our calculations, that i20-day extension will expire in
August,
It now appears that it will be necessary to file I guiet title action to resolve the access
road issues for both the subdivision exemption and the Sun Mesa P.U.D' Therefore, I believe
an additional extension of time witl be nt"tto.y for fiIing the final plat {9r the subdivision
*-*,r.pti"r. Andrew Mccregor stated in his ietter of November 19, 1991 that 120-day
extensions may be granted by the Board for a period rrOt nO exCeed one yeaf' Therefore' we
;.d;i it *t tti* no?rO of C'ounty Commissioners grant an additional extension of time for
submittal of the rrrat ptat, to the firsf anniversary of the Board's preliminary approval, or
November IE, 1992.
I believe that we can complete the quiet title action to resolve the access road issues for
the subdivisio, e*eiption before ihi* r*queited extension of time expires. Please do not hesitate
to contact me if you huu* any questions or comments concerning this matter'
Mr. Mark B€an, Director
Garfield County Regularory Offices & Personnel
109 Eighth Street, Suite 303
Glenwood SPrings, CO 81601
SAC:lln
cc: John Stirling
Denise Henderson
Arthur Ober
Ruth Stirling
vrA FAX
Very trulY Yours,
LEAVEI\IWORTH & LOCHHEAD' P,C'
/fua d e/..* -
Sherry 4,. caloia
(l:\FILE$\BEAN.2LT t/'ul'
a/ruL
LEAVENWORTH & LOCHITEAD, P.C.
ATTORNEYSATLAW
April 16, 1992
APR 2 0 t9g2
uAi-rFtELD
,0,, nroiffiiJ5lD couNTY
P.O. DRAWER 2O3O
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (303) 945-2261
FAX: (303) 945-7336
LOYAL E. LEAVENWORTH
JAMES S, LOCHHEAD
SHERRY A. CALOIA
THOMAS L. AOKISON
HAYDN WINSTON
Mr. John Stiriing
Ms. Denise Henderson
07M Skipper Drive
Carbondale, CO 81623
Mr. Arthur I. Ober
75 Buena Vista East, Apt. 805
San Francisco, CA 94L17
Ms. Ruth Stirling
1529 Sumney Town Pike
Lower Gwynedd, PA 19002
Re: Stirling/Henderson SubdivisionExemption
I-adies and Gentlemen:
I wanted to give you all an update on our efforts to resolve the access requirement for
the subdivision exemption. As you may recall, a title search revealed that Ruth does not
presently own a strip of land at the north end of her property which is necessary to ensure
access, both to that property and to the Sun Mesa P.U.D. A title search has revealed that the
owner of record for the strip of land in question is Bessie F. Fender, who died intestate in
Garfield County, Colorado, on April 13, 1975. Veral L. Fender, Jr. was named as personal
representative of his mother's estate, and John I-awyer, a local attorney, represented the Estate.
On November 15, 1977, Veral Fender, as personal representative of the Estate of Bessie
F. Fender, conveyed a parcel of land which had been owned by Bessie Fender to James Cuseo.
Bessie Fender had owned the land under a legal description which described it as the Southwest
1/4 Southwest 1/4 and the Southwest 1/4 Southeast tl(, Section 20, Township 7 South, Range
87 West of the 6th P.M. However, when Veral Fender conveyed the parcel to James Cuseo,
it was described in a metes and bounds legal description. Unfortunately, the metes and bounds
-1:.'.:- legal description described the property to an existing fence, which was not actually on the
Fender property line. The result was that a strip of land approximately 75 feet in width,
adjoining the parcel now owned by Ruth Stirling, was not conveyed to James Cuseo. Therefore,
that 75-foot strip of land continues to be owned by Bessie F. Fender, as a matter of record.
The Colorado courts have had to deal with a number of such "fence cases" over the
years. As Iohn I-awyer, the attorney for the Fender Estate, indicated when we contacted him,
"every ranch probably has at least one of these problems. " The courts have generally held that
where a fence separates a strip of land from the rest of a parcel for many years, and the
adjoining landowner has made use of the separated strip of land, the separated strip becomes the
property of the adjoining landowner. Thus, we believe that Ruth could show she has taken
C : \FILES\STIRLING. I LT
ITA\IENWORTH & IOCH}IEAD, P.C.
Page 2
April 15, 1992
possession of the strip of land in question through adverse possession, even though her deed does
not include it.
However, in order to confi.rm her ownership and subsequently to satisfy Garfield
County's access requirements for the subdivision exemption and the Sun Mesa P.U.D., we will
have to formally .rtrUtirt Ruth's legal ownership of the strip of land in question. To do this,
we will have to go through a process called a'quiet title action." In general, the process is as
follows. We wilt file a Lomplaint in the Disriit Court, asking the Court to resolve once and
for all the ownership of this itrip of land. We will name in the Complaint Bessie F. Fender,
her son, Veral L. Fender, Jr., her daughter,Iacqueline G. Witt, and all other unknown persons.
We will serve the Complaint and otheipapers on Veral Fender and Jacqueline Witt by mail, and
serve Bessie Fender and all other unkno*n persons by publication in the newspaper. The
newspaper publication must continue for four weeks from the first date of publication. We have
not yet determined whether we will have to name the present adjoining landowners to the north
as well. If they have some interest in this strip of land, it may be necessary to join them in the
action.
We will ask Veral Fender and Jacqueline Witt to sign over quit-claim deeds conveying
the strip of land in question to Ruth Stirling. That will remove them from the matter. As to
the othlr parties, thiy have 20 to 30 days to respond to the Complaint after service is made.
Assuming that no ,"rpon." is entered, tlie Court will then enter a default judgment, resolving
once and-for atl that the strip of land in question belongs to Ruth Stirling. If a response is filed,
we will negotiate with the claimants to try to resolve their claims.
This entire process should probably take three to four months but could take longer,
depending on the parties named. When it is completed, we will have the survey revised to
include the strip of md in question. That should satisfy the County's requirement that there be
sufficient access across the property, ild allow them to approve the subdivision exemption.
Then we will complete the l*o-reat estate transactions, adding the strip of land to the parcel
which Ruth Stirling is selling to John Stirling.
We will be drawing up the documents for the quiet title action as soon as possible.
Please let us know if any of you has questions or comments concerning these matters-
Very truly yours,
LEAVENWORTH & LOCHHEAD, P.C.
TLA:rln
cc: Andrew McGregor
C: \FII..ES\STIRLING. I LT
Thomas L. Adkison
GARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
April 7,1992
Tom Adkison
Leavenworth & Lochhead
P.O. Drawer 2030
Glenwood Springs, CO 81602
Dear Tom:
At their meeting on April 6, lgg2, the Board of County Commissioners granted a 120 day
extension of time for the Stirling/Henderson exemption.
If you have any questions about this matter, please give me a call.
Sincerely,
Andrew C. McGregor
Planner
ACM/rlb
t09 8TH STREET, SUtrE 303 . g4582t21625-557t1285-7972 . GLENWOOD SPRINGS, COLORADO 81601
WELL SHARING AGREEMENT
THIS AGREEMENT is entered into by and between Ruth J. Stirling and John M. Stirling
on the dates set forth below.
WITNESSETH:
WHEREAS, Ruth J. Stirling is currently in the process of obtaining a subdivision
exemption which will create two smaller parcels (hereinafter "Parcels A and B", as further
described in Exhibits "A" and "B" attached hereto) from a larger parcel of real properry she
presently owns in Garfield County (hereinafter "Parcel C", 6 further described in Exhibit "C"
attached hereto); and
WHEREAS, John M. Stirling is the owner of a parcel of real property located adjacent
to Ruth J. Stiriing's properry (hereinafter "Parcel D", 6 further described in Exhibit "D"
attached hereto); and
WHEREAS, Ruth J. Stirling's ownership of Parcel C includes a one-half interest in
Gene's WeIl, the pump, pipelines and well equipment associated therewith; and ownership of
a water line easement for transporting the well water, all as further described on Exhibit "C'
attached hereto; and
WHEREAS, John M. Stirling is the owner of the other undivided one-half interest in
Gene's Well, the pump, pipeiines and the well equipment associated therewith, all of which are
actually located on John M. Stirling's Parcel D; and
WHEREAS, Gene's Well is permitted to provide a water suppty for three single-family
dwellings, and currently provides a water supply to a single family dwelling located on Parcel
B and a single family dwelling located on Parcel D; and
WHEREAS, the parties hereto desire to have Gene's Well supply water to Parcel A in
the future; and
WHEREAS, when the subdivision exemption is complete, Ruth J. Stirling intends to sell
Parcel A to John M. Stirling, and Parcel B to Denise M. Henderson and Arthur I. Ober; and
WHEREAS, the parties hereto desire to set forth their understandings and agreements
with regard to the future ownership, use, and maintenance of Gene's well.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the adequacy and sufficiency of which is hereby acknowledged, the parties
agree as follows:
C:\FILES\STIRLNG.2AG
Fcbury ll.798f2
1. After Parcels A and B are conveyed by Ruth J. Stirling, Gene's Well, its pump,
pipelines, well equipment, decreed water right and well permit shall alt be owned one-third by
John M. Stirling for the benef,rt of Parcel A, one-third by Denise M. Henderson and Arthur I.
Ober for the benefit of Parcel B, and one-third by John M. Stirling for the benefit of Parcel D
(hereinafter the "one-third interests in Gene's Well"). The parties further agree that each one-
third interest in Gene's Well shall be appurtenant to the parcel it benefits, and may not be
conveyed apait from that parcel.
2. As part of any conveyances of Parcels A, B or D, the parties will reserve and/or
convey, all necessary easements for supplying water to those parcels from Gene's Well, and for
the operation, maintenance, repair and replacement of Gene's Well, its pump, pipelines and well
equipment.
3. Each owner of a one-third interest in Gene's Well shall pay an equal one-third of
all costs incurred for the common benefit of all three one-third interests for operation, repair,
maintenance and replacement of Gene's Well, its pump, common pipelines, and well equipment.
However, expenses and costs incurred for the operation, repair, maintenance, and replacement
of the pipelines and other items which are used in common to serve only Parcels A and B shatl
be paid in equd shares by the owners of Parcel A and B only. Otherwise, each owner of a one-
third interest in Gene's Well sha[ beqr the cost of operation, repair, maintenance, and
replacement of pipelines or other items which are not used in common, but are used solely to
provide water service to his or her property. It is the intent of the parties hereto that each owner
of a one-third interest in Gene's WelI, will be solely responsible for operation, rqlair,
maintenance and replacement of that part of the water delivery system for Gene's Well which
is solely used to provide water service to that owners property.
4. In the event that any owner of a one-third interest in Gene's Well determines that
repair, maintenance, improvements or repiacements are necessary to the well structure, pipeline,
or appurtenant common facilities, such owner shall notify with the owners of the other one-third
interests in writing. The owners agree to cooperate for the purpose of entering into mutual
agreements for completion and payment of such repairs, maintenance, improvements or
replacements. Should the owners be unable to agree, any owner of a one-third interest in Gene's
Well shall be entitled to make any and all reasonable improvements which are essential for the
proper functioning of the well, pump, pipeline or appurtenant facilities, and shall notify each of
the other owners of the one-third interests in writing of their rightful shares of the resulting costs
and expenses, in accordance with this Agreement.
5. Thcparties agree that all common expenses and costs incurred for the operation,
repair, maintenance and replacement of Gene's Well, its pump and common pipelines shall be
paid equally by each owner of a one-third interest in Gene's Well within 30-days from the time
they are presented for payment. In the event that any owner of a one-third interest in Gene's
Well fails to pay his or her share as set forth in the previous paragraph, interest on the unpaid
amount shall begin to accrue at LSVo per annum, 3O-days from the date such costs or expenses
C:\FILES\STIRING.2AG
Fcnruary ll. lW2 -2-
were presented for payment. In the event the non-paying party shall fail to pay any such sums
with interest thereon within six months from the date of presentment for payment, the party or
parties who have paid those costs and expenses shalt be entitled to reasonable attorneys' fees in
obtaining a judgment for collection of the amounts due, in addition to any other remedies
available at law or in equity for breach of this Agreement.
6. Each owner of a one-third interest in Gene's Welt shall use not more than one-
third of the water physically available from the weil, or one-third of the water allowed to be
used pursuant to the well permit and decree for the weil, whichever is less. Each party agrees
that the water withdrawn from Gene's Well shail be used only for one single famiiy residence
upon each parcel described herein. The parties further agree that the water from Gene's Well
shall be used in accordance with any other terms and conditions imposed by decree or any well
permits, including irrigation of not more than one-third acre of lawn and garden per one-third
interest in Gene's Well, unless all of the owners of the one-third interests in Gene's Well
otherwise agree.
7. No owner of an interest in Gene's Well shali waste water, and the owner of each
interest shall exercise prudence and conservation in the use of the water from Gene's Well. The
owners of the interests in Gene's Well agree to exercise such prudence and conservation in order
to allow for efficient and beneficial use of the well, and to avoid burdening the aquifer and well
pump unnecessarily.
8. In the event that any governmental or judicial authority imposes future
requirements or restrictions on Gene's Well or its use by any of the owners of the one-third
interests in the well, the parties agree to work together to comply with such requirements or
restrictions so as to ensure a continuing water supply for Parcels A, B and D. The parties
further agree to share equally any costs associated with such compliance.
9. In the event that any owner of a one-third interest in Gene's Well disconnects
from Gene's WeIl, that owner shall have no right to reimbursement or payment for sums
contributed pursuant to the terms of this Agreement. The owner or owners who remain
connected to the well shall then divide the common costs and expenses of maintenance, repair,
operation and repiacement of the well, pump, and common pipeline and other facilities equally
among themselves
10. The performance of the parties under this Agreement is expressly conditioned
upon approval by Garfield County of the subdivision exemption for Parcel 1 owned by Ruth J.
Stirling, and upon conveyance of the Vacant knd Parcel to John M. Stirling, and the Tower
House Parcel to Denise M. Henderson and Arthur I. Ober. The above approval by Garfield
County and subsequent conveyances shall be conditions precedent to performance of the contract
by any of the parties or their successors. In the event that Garfield County does not grant the
above approval, and/or the above conveyances are not made, this Agreement shall be null and
void and of no further force or effect.
C:\FIITS\STIRIIG.2AG
Febnnry ll, l9z -3-
11. This Agreement shall inure to the benefit of and be binding upon the parties, their
heirs, devisees, executors, administrators, assignees, transferees and successors in interest.
12. The language used in this Agreement and ail parts thereof shall be construed as
a whole according to its plain meaning, and not strictly for or against any party. AII parties
have equally participated in the preparation of this Agreement.
13. If any covenant, term, condition or provision contained in this Agreement is held
by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such
covenant, term, condition or provision shall be severed or modified to the extent necessary to
make it enforceable, and the resulting agre€ment shall remain in full force and effect.
L4. This document embodies the entire and complete agreement of the parties on the
subject matter herein. No promise or undertaking has been made by any party, and no
understanding exists with respect to the transactions contemplated, except as expressiy set forth
herein. All prior and contemporaneous negotiations and understandings between the parties are
integrated and merged into this Agreement.
15. This Agreement may be amended from time to time by amendments made by the
parties in written form and executed in the same manner as this Agreement.
16. The parties agree and intend that this Agreement shall run with the parcels of land
described in Exhibits "A", "B", "C" and "D" attached hereto, and be a burden and benefit upon
those properties.
L7. This Agreement may be executed in triplicate original counterparts, each of which
shall constitute an original but all which shall constitute one and the same document.
18. The terms of this Agreement, ild the obligations, duties, responsibilities and
benefits thereunder, shall survive closing on any conveyance of real property described herein,
and shall not merge with the deed or other conveyance documents.
IN WTINESS WHEREOF, the parties have executed this Agreement on the day and year
set forth next to their signatures.
3 3'92
Date:
C:\FII TS\STIRLNG.2AG
Febury ll, 1992 -4-
,4-*r"*ryLua4*L
STATE OF @reMM-i oF @f&rDo )
rY oF I
ss'
attNf%'
Acknowledged, subscribed, and sworn to before me this 2- UV of 'a-='Ial cA
COUNTY OF
1992, by Ruth J. Stirling.
WTINESS my hand and
My Commission expires:
NoE Aseal
PfichL l'{aoan, Nohry Pub{c
Lclrer ervnsdl Tlvp., Mo@omery Courq'
@Y.tS34
STATE OF COLORADO
COUNTY OF
Acknowledged, subscribed, and sworn
1992, by John M. Stirling.
to before me this day of
)
) ss.
)
WTINBSS my hand and official seal.
My Commission expires:
Notary Public
C:\FILESETIRLNG.2AG
Fcbruary ll, lgYL -5-
1 1. This Agreement shall inure to the benefit of and be binding upon the parties, their
heirs, devisees, executors, administrators, assignees, trutsferees and successors in interest.
L2. The language used in this Agreement and all parts thereof shall be construed as
a whole according to its plain meaning, and not strictly for or against any paffy. All parties
have eqnally participated in the preparation of this Agreement.
13. If any covenant, term, condition or provision contained in this Agreement is held
by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such
covenant, term, condition or provision shall be severed or modified to the extent necessary to
make it enforceable, and the resulting agreement shall remain in fult force and effect.
L4. This document embodies the entire and complete agreement of the parties on the
subject matter herein. No promise or undertaking has been made by any party, and no
understanding exists with respect to the transactions contempiated, except as expressly set forth
herein. All prior and contempofineous negotiations and understandings between the parties are
integrated and merged into this Agreement.'
15. This Agreement may be amended from time to time by amendments made by the
parties in wriften form and executed in the same manner as this Agreement.
16. The parties agree and intend that this Agreement shall run with the parcels of land
described in Exhibits "An, "B", "C" and 'D' attached hereto, and be a burden and benefit upon
those properties.
17. This Agreement may be executed in fiplicate original counterparts, each of which
shall constitute an original but ail which shall constitute one and the same document.
18. The terms of this Agreement, ild the obiigations, duties, responsibiiities and
benefits thereunder, shall survive closing on any conveyance of real property described herein,
and shall not merge with the deed or other conveyance documents.
IN WTINESS WHEREOF, the parties have executed this Agreement on the day and year
set forth next to their signatures.
RUTI{ I. STIRLING
Date:
Date: 2'Z (o - tz-
C:\FILES\STIRLNG.2AG
Fcbury Ll, l$rz 4-
STATE OF COLORADO
COUNTY OF
Acknowledged, subscribed, and sworn to beforc me this
1992, by Ruth I. Stirling.
day of
WTINESS my hand and official seal.
My Commission expires:
Notary Public
STATE OF COLORADO
COUNTY or G^'f"'\J
Acknowledged, subscribed, and sworn to before me this t*tsf Felavu^..1 ,
L992, by John M. Stirling.
WTINESS my hand and official seai.
)
) ss.
)
)
) ss.
)
My commission expire ", / I '8 -QA
E\FILES\STIRI.T{C.2AG
Felnrrry ll. lgn -5-
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EXHIBIT IIBII
A PAR?EL 0F iU.ND struAlm N THE wEsT t/2 oF THE NIRTHEAST t/4 oF THE NzRTHWESTt/+ or sEcItoN 29, TowNSHtp 7 souTH, neitrc a7 uEST oF THE orit pnwcpet
MERIDIAN, CARFIEI-D COI]NTY, COLORADO, BEING MORE PARNCULRLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECNON 29, A GARflEA CAIJNW BRASS
cAP lN PLACE; THEN}E AL2NG THE N)RTH UNE oF THE N2RIHWEST t/4 oF ntf NontuWsrt/+ or sA/D sEcrol/ 29 N a92a'26" E, rJ4a.s7 FEET To mr uonniasT IzRNER oF
A 0.93 ACRE PARCEL /S DESCR/BED IN DOCUI\IENT NO. 31571E OF THE GARflEA COUNTY
cLERK AND REC2RDERS 1FflCE; THNCE AL2N? THE EASTERLY LJNE 0F SAID o.sJ ACRE- PAR1EL s 005J'03' w, 668.60 FEET To THE TRUE PotNT oF BE?|NNTNG; THENCE
I.EAWNG S//D E/STERLY UNE N 8925'01' E, 637.27 FEET TO A POINT ON THE EAST
UNE 0F SA/0 lfE_SI t/2 0F THE N2RTH5/'ST 1/4 OF THE NORTHWEST 1/4; tUtUCt ALONG
SAID EAST UruT i Oi'39'52' W, 668.80 FEET TO A POINT ON THE SOUiU L]NE OF
SAID vtEST l/ZSen S1UTH UNE ALS7 BETNG THE NORTH UNE OF SUrV MESA p.U.D.;
THENCE ALONG SND SOUTH UAIE 5 8921'33' W, 671.52 FtrT TO THE SOUTHWEST
CORNER OF SAID WEST I/Z TUMCE ALONG THE WEST LINE OF SAID ryEST 1/2
N 02'46,28. E 66.34 FtrT TO THE SOUTHWEST CORNER OF SAID O.gJ ACRE PARCEI;. THEI,ICE ALONC THE SOUTH LINE OF SAID O.g3 ACRE PARCfl. N 89'30'11' E, 52.87FEf T0 THE S?UTHEASI CORNER 0F SAID 0.9J A?RE PARcEt; THENCE AL2NG IHE
EqSIEftT UNE OF SAID 0.93 ACRE PARCEL N OO'53'03' E 60245 FEET TO THE TRUE
. .POINT OF 8E6INA//N6. -SAID PARCEL CONTNNS 9.695 ACRES MORE OR IESS.
Exhibit c
Stirling l{ell Sharing Agreement -
i'rre liE l/4 of rtre NW r/4 of sectiolr 29, 1'p. 7 s., R. g7 w., oi che 5crr p.rvr.,
Garf ieJd Coi.inry, @.1_oraoo, excepE,ing cirerefroln Li:at ;!rrl.or) ,-.onveyeci by Deeiirecorded ii:r tsook 574 at PEe 303, ancl togeur:er wi ur cr,e fojlowing wei j ancj\./aUcr ri.gt:ts appurtenant thercco:
nlc SLlrl j.ng 'te]J trlo. 5 ]ocateO rJn saLo proirer.Ly asgranued by ctre Rulirry of Reterce d"rce<l Jone 2y, I9g0ir: a;:plicacion i.to. 79 CW 393 in ure Discrict Courr tor-Water Divisiorr rrlo. 5, Scace of ColoraCo.
An und.iviCed one-half (L/2) jnterest i:r Gene,s !.lel_Ilocated on the SE l/4 of the \Iti l/4 of Section 29, T7S,R87.'i, of tl,e 5th p.I{., Garfield Cor:ncy*., Coloracio, asgranted by tLre R,u,,g of Referee datec.r-r:ne 29, 19g0 i,,IErplication No. 79Cri.RB3 in the District cor:rE ior waterDivision lio. 5, State of Colorado, a'd. i-:n the pr:rqo anrlother eqld-!:rnent j-n connection tlrerev;:ith, togetirer vrithan easenrent 10 feet in rddth and. being 5 feet frcrn eachside of tJ:e centerline of tne o<isti,! vrater rine, ove.r,across and under said SE L/4 of tire M{ l/4 of. Section 29for yrater ule pu+oses to transport. r,vater frcrn said l..le1lto the M f /A of the Nf,ltl4 of saicl Section 29, i::clud.i:rgtle right to enter q>on said easerrent area for the purp6seof-ri:aiatail:ing anci reparri::q said water rine and vaterivel1 egtripr,e:t; provi-ded u:at the Grantee shalI have LLreobligation to FEy for one-half (l/Z) of a1I expensesincr:rzed i:: c-omection wittr the operati_on, n,aGterr"rr."and repair of said VJel1 and well egr-ripnent.
(a)
(b)
Exhibit DStirling WeIl Sharing Agreement
ROY ROMER
Governor
JERIS A. DANIELSON
State Engineer
ruuiljry
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 81 I
Denver, Colorado 80203
(303) 866-3s81
FAX [303] 866-3589
October 9,1997
Mr. Andrew McGregor
Garfield Countv Regulatory
Offices and Personnel
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Henderson/Stirling Exemption
NE1/4, NW1/4, Section 29,T75, R87W, 6TH PM
Water Division 5, Water District 38
Dear Andrew,
We have reviewed the above referenced proposal for comments on a subdivision exemption
on a 20 acre parcel to be split into two 10 acre lots. Currently there is an existing well, Permit
Number 132035, serving one single-family dwelling on the property. Ttre applicants wish to use
this well as the source of water for the second lot.
Upon approval from the County of this exemption, the permit must be changed to reflect that
the well is ,rot tlr. only well on 40 acres, but rather the only well on 20 acres. There is a $60 fee
and application required for this change. Based on this, we have no objections to this proposal.
Should you have further questions regarding this submittal, please contact this office.
Sincerely,
Vt,r \/ lw pp ,o,{,,,-f-l .'l{ ,)fddy f. Sappington
Water Resoutces Engineer
JTS(0/clf:sti.Iir,g
cc: Orlyn Bell, Division Engineer
Joe Bergquist, Water Commissioner
Bruce DeBrine