HomeMy WebLinkAbout1.0 ApplicationBEFORE TI{E BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101(10) (a)-(d)
as amended, and Sections 1.02.17(d) and 3.02.01 of the
Subdivision Regulations of Garfield County, Colorado, adopted
September l, 1972 and amended Aprit l-4, L975, the undersigned
RAYIIOND C. STEED respectfully petitions the Board of County
Commissioners of Garfield County, Colorado, to exempt by
resolution, the division of a tract of land containing
approximately 40 acres and described as the NE|NEL, Section
26, Township 6 South, Range 94 W. of the 6th P.M., into
four tracts of approximately ten acres each as depicted on
Exhibit I'Arr attached hereto, from the definitions of
"subdivision" and. "subdivision 1and" as the terms are used
and defined in C.R.s. (f973) Section 30-28-10I(a)-(d) and
the Garfield County Subdivision Regulations, for the reasons
stated below:
1. Each of the subdivided tracts will have 1egal access
from County Road 32O.
2. Each of the tracts to be created by this subdivision
may be served by an individual water we1l.
3. The tracts shall each be served by a separa,te
individual septic system.
4. The size and limited number of the tracts makes
their exemption from the subdivision process appropriate.
5. The subject property is situate as shown on the
vicinity map attached hereto as Exhibit "B".
6. The required fee in the sum of $90.00 is submitted
herewith.
Submitted at Glenwood Springs, Colorado, this ,rL
Carbondale, CO 8L623
Telephone: 963-3796
rBt - Reg. No.
Attorney for Petitioner
P.O. Box 1040
day of December, 1979.
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EASEI,IENT AGREEI4ENT
THfS AGREEMENT made and entered into this :! ,"2 day
of December, L979, by and between Raymond C. Steed, (hereinafter
referred to as "Steed") and John W. Savage, (hereinafter
referred to as "Savage"), WITNESSETH:
WHEREAS, the parties hereto own certain adjacent real
property in Garfield County, Colorado; and
WHEREAS, the parties wish to enter into an agreement
for the reciprocal granting of easements over and across
their respective properties for the purpose of constructing
a roadway thereon.
NOI{, THEREFORE, for and in consideration of the promises
and agreements herein contaj-ned, the parties hereto hereby
agree as follows:
I. Steed Property. That real property owned by Steed
which is the subject of this agreement, (hereinafter referred
to as the "Steed property"), is described as the N}NEL,
Section 26, Township 6 South, Range 94 W. of the 6th P.M. in
Garfield County, Colorado.
2. Savage Property. That portion of the real property
owned by Savage which is the subiect of this agreement
(hereinafter referred to as the "savage property" ) , is
described as the NEt and ELNWT of Section 26, Township 6
South, Range 94 W. of the 6th P.M. in Garfield County,
Colorado.
3. Grant of Road Easement. The roadway to be constructed
as hereinafter provided shal1 be generally situate along the
alignment shown in red on the map attached hereto as Exhibit
rrA" and incorporated herein by this reference. Steed
shall, at his sole cost and expense, obtain a survey of the
centerline of a road easement and right of way extending
from Garfj-eld County Road No. 320, generally along the
alignment set forth on Exhibit "A", to the point on the
Steed property designated Point I on Exhibit "A". Each of
the parties hereto shal1 grant and convey to the other,
by quit claim deed, dD easement and right of way for access
and utility purposes situate along and 50 feet on either
side of said surveyed centerline. Said easement and right
of way shall be a non-exclusive loint easement for access
and utility purposes and sha11 be appurtenant to the Steed
and Savage properties.
Road Construction. Steed sha1l construct, or have
constructed, a roadway on said surveyed easement and Steed
shall bear the cost and expense of such road construction,
provided that Steed shaIl be entitled to obtain, without
charge, pit-run oi1 shale material for use as road base on
said road, which material shal1 be loaded and transported at
Steed's own cost and expense from a locatj-on to be clesignated
by Savage on adjoining property owned by Savage. It is
understood and agreed that the surfaced portion of said
roadway shall be between 20 and 24 feet in rvidth and that
the overall averaoe grade of the roadway to be constructed
on said easement shall not exceed 68. Steed shall be responsible
for and shaIl repair any physical damage to any ditches or
spring structures on the Savage property caused by and
evidences during the construction of said roadway.
q Use and Maintenance. Each of the parties, or
their successors in interest, shall be entitled to utilize
the roadway as constructed on said easement for the purpose
of providing access and utilities to their respective properties,
provi{ed that Steed or his successors shal1 not construct,(S -,.wdany ,re+iden*j+! improvements on that portion of the Steed
property lying southwesterly of said easement between Points
2 and 3 on Exhibit "A".The expenses for maintaining the
roadway constructed on said easement shal1 be proportionately
shared by the users thereof as determi-ned on the basis of
the total number of residences served by said roadway;
provided that for so long as either of the Steed or Hamrnar
properties do not have a residence tirereon, said property
sha1l be considered to have one residence for the purpose of
apportioni-ng such maintenance expense.
-2-
6. contingencies. This agreement is expressly contingent
upon steed closing his purchase of the steed property and in
the event steed fails to complete said closing on or before
June 1, 1980, this agreement shall be deemed void and of no
effect. This agreement is further expressly contingent upon
the approval hereof by the Aetna Life rnsurance company, a
Conneticut corporation, being the holder of a mortgagees
interest in the Savage property.
7 . gl4g4g_ sIEgS!. This agreemenr shalt be binding
upon and inure to the benefit of the parties hereto, their
heirs, personal representatives, successors and _assigns.)
,/
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STATE OF COLORADO
COUNTY OF GARFIELD
STATE OF CONNETICUT
CoUNTY oF }IART-FD R I\
ss.
. Subscribed and sworn to before me this, L979, by Raymond C. Steed.Witness my hand and official sea1.
I'Iy commission expires i t,,. , . .)
STATE OF COLORADO ))ss'
COUNTY OF GARFIELD )
Notary Public
my hand and offici4l seal.
ribed and sworn to before me ilris ,2 ./ day of.{- , L979, by John W. Savage.
day of
AETN(onn
\, BY:
Subscribed and sworn to before
Notar?ii,E\\l.L{"i, ",,nr+rr*. - -;'J;lC, i,-,y',i)u..rj1o.,
Ytthln and frtsr Commr--. jr],,l Uc&[e o-l t]t,nnectlO[t
s
Subs
I4y commission expires z S/zt/a
CONSENT AND APPROVALThe Aetna Life Conneticut corporation,being the holder of a mortgagees interest in the savageproperty described in the iuove and foregoing EasementAgreement, does hereby consent to the granting of a non-exclusive joint easement as provided in the foregoi-ng agreement;provided, however, thls consent and approval srralt rrotrelease or otherwise affect the first rien which it currentlyholds in the Savage property by virtue of its first deed oftrust thereon.
Dated this 17fl\ day of
ss.
\ggp, bY ' .,lv-. tl. r-^ )c \s 1... asrnsurance Company. Witness my hand
,1e--6-D-.
fASS|Sf.&NI Vl(r pRtS{DE,{r
this day.l- \ r' -..
seaI,Iy commission expires :
xr comraarm- nrptl;;t[ :iTffil:
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ADDENDUM TO THAT CERTAIN EASEIIE}IT AGREEIVENT ENTERED INTO
BETdBEN RAYMOI{D C . STEED A}lD JOHN W. SAVAGE 0N DECEMBER 21 ' 1979,
Agreement shall be oons:i.rLered toThls addltlon to the Easentent
be part of agreern,inb number 4,
The road shall be <ronstnrcted so that raln water or snowmelt
water shall draln from the roadway surface 1n accordance wlth
good constructlon p:'a.ctj.ses and more spec.ifically wlth a draln-
age ditch or dltches when needed to meet sald cc,nstructlon prac-
tlses. At the meetlng polnt wlth County Road 32O the road shaIl
be constructed so that lt w111 draln ln a way conslstent wlth
the present east slde dralnage of County Road J20 at that part-
lcu1ar po1nt.
Road Constructlon
Raymond C. Steed
I DEC 2 {} 1970
,19
and State of
!j!![541 rur5Tll
Ttus DnRn, Mttte rhis ) t t' day of X)., ,
between HOWARD F. SHEVLIN, NORMAN L.
JERRY H. HAMMAR
ofthe County of
Colorado, ofthe second part:
Pitkin
rtle r
oEC ? I 1e79
tTr''r ;'oliitirliiliY fTI
HAMMAR and
of the
County of Garfield and State ofColorado, ofthe first part, and
MYMOND C. STEED
whoselegaladdressis0lT8 Redstone Blvd., Redstone, CO 81623
gA4
WITNESSETH, That the said part lgglf the first part, for and in consideration of
----Ten dollars and other good and valuable considerations----- DOLLARS
to the said parties of the first part in hand paid by said part y of the second part, the receipt whereof is
hereby confessed and acknowledged, havg Branted, bargained, sold and conveyed, and by these presents do
""grant, bargain, sell, convey and confirm, unto the said part, of the second part, 6i" heirs and assigns for-
ever, all the following described lot or parcel of land, situate, lying and being in the
County of Garf ield and State of Colorado, to wit:
NltNEk, Sectlon 26, Tovmshlp 6 South, Range 94 I^1. of the 6th Prtncipal Merldian
AIso qult claiming, r{rlthout warranty, all r^rater and hrater rlghts, and dltch and
11!"h rlghts appurtenant to the above described property lncludlng an undivided2/3 lnteresr in rhe Jones (smlth) Dlrch servlng said property and 1 and l/3 cubic
Ifeet of water per second of time ourlahPrtority No. 122, thl polnt of diverslon ifor said water right having ueen cffng}+*e rhe surith Diich pursuant to rhe decredof the Dlstrict court in and for_wlA*zFfi$p" uo. 5, Garfilld county, colorado,on November 29, 1973, in case W-1893. (*r:,r,jl\
arso known as sireet and nrrmber
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TOGETHER with all and singular the hereditaments and appyrffnances thereto belonging, or in anywise apper-
taining, anri the revers:on and reversions, renrainder and remaiffders, rents, issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever ol the said part igg of the first part, 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 dcscribed witlr the appurtenances, unto the
said part y of the second partfiig heirs ancl assigns forever. And the said partigg of the filst Ou.t, ]lfor 11rgm seves fhEd.ts, executors, and administrators, dogg covenant, grant, bargain, and agree to and
' with.the said part y of the second part, fiig heirs and assigns, that at the time of the ensealing and delivery
iofthe\e presents, are well seized ofthe premises above conveyed, as ofgood, sure, perfect, absolute andt*indefehsible estate of inl.reritance, in law, in fee simple, and ha g Hood right, full power and authority
to grent, bargain, sell and convey the'same in rnanner:rnd form as uforesairl, and that the sanre are free and clear
frorn all ftlrtlter and other grants, bnrgains, sales, Iiens, taxes, assessrnents and encunrtrrances of whatever kind of
nstrrresoever. ' excepL general property taxes of a current nature; U.S. Patent
reservatlons' oilr Bas and mlneraL reservatlons and leases, and easements and rlghtsof way of record; and deed of trust recorded June 10, L974 as Doc. No. 263388 {n
Book 460 at Page 336 of the Garfield County Records securlng a promlssory note whlchfirst parties warrant to have a prlnclpal- balance not exceedlng $45,000.00 and whichnote and deed of trust second party assumes and agrees to pay.
antl the above [rargained premises in the quiet tnd peaceable possession ofthe said part y ofthe secontl part,
his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part ,
thereof, the sairi part ies of the first part shall and will WARRANT AND FOREVER DEFEND. ]
IN WITNESS WI{EREOF, the said part lss of the first part have hereunto set theitand S^
and seal S the day and year first above written.
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No, 932 WARRANTY DEED.-For Photogrrphlc R@rd-l9?8 Bmdford Pubtiahirg Co., 18.t6 Stout gtrrct. Davu, Colondd6?l{Oll) 6-?9
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STATE OF COLORADO
COUNTY OF MESA
The foregoing instrument was acknowledqed before me this
l$day of December I Lg79 by Howard F. shevtin.
Witness mY hand and official seal.
My commission expir "=, ?'2y'^Bo St'-\ \ ,,t)
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RICHARO O LAMM
CrOvCrnOr
Jerls A, Danlelson
Statr Engin*
DIVISION OF }YA'TER
D.p.nmant of N.tur{ Rcsourco3
1313 Sh.rm.n Strcct - Room ElE
OGnv.( Colotacto E0203
Actmaniltr.tion (303) 6:19,35E1
Ground W.tc, (303) 839-3567
]anuary 2, 1980
JAN
GARFIELD C0. rr-nnr'iiR
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Mr. Ray Baldwin, Director
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, CO 81601
RE: Steed Exemption
Dear Mr. Baldwin:
We have reviewed the material submitted for the above referenced
application for exemption. The developer proposes to use wells for the
water supply which would intercept ground water tributary to the Colorado
River at a point where there is still water available for appropriation. This
office can issue inCividual domestic well permits to individual lot purchasers
and we recommend approval of the Steed Exemption.
Very truly yours,
lh"h "/'P. E.Jeris A. Danielson,
State Engineer
]ADrlGDV:cI
cc: Lee Enewold, Div. Eng.
Ralph Stallman
Land Use Commission
coLUBA, scHENK * rensSl'
ATTORNEYS AT LAW
L
n
P.O. Box 931
TAMARACK
tOOt GRAND AVENUE
(3031 9il5-9 t 41
GLENWOOD SPFrINGS. COLORADO 8 I 50T
NICHOLAS W. GOLUBA, JR.
JOHN R. SCHENK
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DEc l$ 1919
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GArifi ;.Lr.r uJ.'FLTf,{tEqf .TI
CAR BONOALE. COLORADO 8 I 523
DAN KERST
DAVID A. GOLUBA
December 18, L979
Ray Baldwin
Garfield County Planning DePt.
20L4 Blake Ave.
Glenwood Springs, CO 81601
Re: Petit.ion For ExemPtion
Raymond C. Steed
Dear Ray:
I herewith enclose Petition For Exemption for Ray Steed,
together with his check in the amount of $90.00.
yours,
I
DK/b
encls.
