HomeMy WebLinkAbout3.0 BOCC Staff Report 04.08.1996REQUEST
APPLICANT; Shirley Zancanella Family Trust
LOCATION: A tract of land located within Section 5, T6S,
R89W of the 6th P.M.; north of County Road
130 (Donegan Road), in West Glenwood.
BOCC 4/8/96
PROJECT INFORMATION AND STAFF COMMENTS
An exemption from the definition of
subdivision.
SITE DATA: 21 Acres
WATER: City
SEWER: Individual sewage disposal systems
ACCESS: County Roads 130; 131A; easement
EXISTING ZONING; A/R/RD
ADJACENT ZONING; North: A/R/RD
South/East/West: City of Glenwood Springs
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located within the Medium Density Residential (6 to 9 acres/dwelling
unit) Proposed Land Use District, as designated by the Garfield County Comprehensive Plan
for Study Area 1 (1995).
II. DESCRIPTION OF THE PROPOSAL
A. Site Description; The 21 acre property can be considered a pocket of county land,
mostly enclosed by the city limits of Glenwood Springs, and located north of Donegan
Road (CR 130). The majority of the property is situated on an alluvial stream terrace,
overlooking the Colorado River and Red Mountain. The vegetation consists primarily
of annual and perennial grasses, with a number of trees scattered across the tract.
Slope varies across the tract; generally ranging between 10% and 20%; however the
southern portion of the property is cut by the truncated portion of the stream terrace,
creating a significant escarpment. An existing house and related buildings are located
as shown on the sketch map, page •340 .
B. Adjacent Land Uses: Adjacent land uses are largely residential and recreational, as
the Glenwood Springs Golf Club is loceted in the vicinity, west of the subject
property.
C. Proposal. The applicants propose to subdivide, by exemption, a 21.0 acre tract into
three (3) lots of 2.0, 2.0 and 17.0 acres each. The applicant indicates the lots would
be leveloped as "vacation homes" for members of the family. See narrative, page
• •
D. History The subject tract has been subdivided by exemption previously, creating
three (3) parcels of 2.0, 4.7 and 20.9 acres. Resolution 88-021 approved the earlier
exemption request and an attached condition of approval indicates that Lot 3 was
created using the "natural feature criteria, preventing joint use of the proposed tracts."
See Resolution 88-021 and conditions of approval letter, pages I• .
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations: Section 8:52 of the Garfield County Subdivision
Regulations states that "No more than a total of four (4) lots, parcels, interests or
dwelling units will be created from any parcel, as that parcel was described in the
records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and
is not a part of a recorded subdivision; however, any parcel to be divided by
exemption that is split by a public right-of-way (State or Federal highway, County
road or railroad) or natural feature, preventing joint use of the proposed tracts, and
the division occurs along the public right-of-way or natural feature, such parcels
thereby created may, in the discretion of the Board, not be considered to have been
created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit
limitation otherwise applicable;"
A deed (pages /2 ` ) submitted with the application indicates the petitioner
obtained the tract in 1950, which, as discussed above, has subsequently been
subdivided, by exemption, to create a total of three (3) lots. Apparently, one of these
lots was created using the 'natural feature' criteria, whereby, in this case, a slope was
found to prevent joint use of the tract. Using this analysis, it would appear this
request is consistent with Section 8:52 (A) of the Subdivision Regulations and, in the
discretion of the Board, this application may be approved for two (2) additional lots.
If approved, subdivision regulations state that no more exemptions from the definition
of subdivision may be allowed on any of the lots created.
B. Zoning. The subject property is within the A/R/RD zone district and all proposed lots
are in excess of the two (2) acre minimum lot size requirement.
C. Water: Water for this proposal would be supplied by the City of Glenwood Springs
municipal water system. Apparently, in exchange for a utility easement granted across
the property in question, the applicant received two (2) water taps from the City.
See Easement Deed, pages j i • 9 Each water tap is for one (1) EQR, the
equivalent of 180,000 gallons of water annually.
D. Sewer/Soils: The proposed method of waste water treatment is the use of individual
sewage disposal systems and, according to the Soil Conservation Service, there is one
general soil type on-site, the Potts-Ildefonso complex, which is broken down into two
classifications, based on slope. When used for building site development and
placement of ISD systems, the soil is considered to have severe constraints due to
slope. Staff recommends the inclusion of a plat note to address these soil limitations.
E. Access: It appears that Lot 5 would be accessed directly from CR 131A and Lot 4
would be accessed from either of two (2) existing access easements. Staff sees no
special problems related to these proposed access points; however, since Lot 4 would
be recognized as a separate lot, easements should be established guaranteeing this
access and recorded prior to authorization of an exemption plat. The applicant should
consult with Road and Bridge regarding the access to Lot 5 and secure any necessary
driveway permits prior to final approval.
F. Fire Protection: A letter from the Glenwood Springs Department of Emergency
Services was included with the application, indicating the subject property is within
the boundaries of the Glenwood Springs Rural Fire Protection Dis rict and that
emergency response will continue to be provided. See letter, page•f £ • . Staff
recommends the inclusion of a plat note addressing wildfire mitigation.
G. Easements Any required easements for drainage, utilities, access, irrigation ditches,
water supply, etc., will be required to be shown on the exemption plat.
H. School Impact Fees: The applicant will be required to pay school impact fees of
$200, for the creation of the exemption parcel.
Potential Road Impact Fees: Upon adoption of a road impact fee, the lots created by
this exemption will be subject to paying that fee; paid at time of building permit
application, paid by the building permit applicant. This provision shall be included as
a plat note.
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
2. That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. That for the above stated and other reasons, the proposed exemption is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
V. RECOMMENDATION
Staff recommends APPROVAL of the application, pursuant to the following conditions:
1. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, access to a public right-of-way,
and any proposed easements for setbacks, drainage, irrigation, access, water supply
or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners for
signature, from the date of approval of the exemption. The Board may grant
extensions of up to one (1) year from the original date of approval.
4. That the applicant shall submit $200.00, in School Impact Fees for the creation of the
exemption parcel.
5. That the following plat notes be included:
"The minimum defensible space distance shall be 30 feet on level terrain, plus
appropriate modification to recognize the increased rate of fire spread at sloped sites.
The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety
Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to
determine defensible space requirements for the required defensible space within
building envelopes in areas exceeding five (5) percent grade."
"Upon adoption of road impact fees by the Board of County Commissioners, the lots
created by this exemption shall be subject to paying the fees, paid at time of building
permit application, paid by the building permit applicant."
"Soil conditions on the site may require engineered septic systems and building
foundations. Site specific percolation tests at the time of building permit submittal
shall determine specific ISDS needs on the site."
"No further divisions by exemption from definition of subdivision will be allowed."
6. The control of noxious weeds shall be the responsibility of the landowner.
7. The applicant shall receive any necessary driveway permits, for the exemption parcels,
from the County Road and Bridge Department, prior to signing of an exemption plat.
8. Prior to final approval by the Board, the applicant shall demonstrate that the City of
Glenwood Springs has given its consent and final approval to supply water to the
exemption parcels. This may be done by submitting a letter from the City indicating
the applicant has met any and all conditions of approval the City may have.
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SKETCH MAP
GobblersKnob Subdivision
Scale 1 = 200'
Sec. 5, 155, 1439W, 6th P.M.
. • wilr:r/ 77-er Pa ,M,-.r.enr,rxerrst/tA
p.o. Box 1908
1005 Cooper Ave_
Glenwood Springs,
CO 81602
raNC7-1NEL L4 4(4() 4550 04 TES, tr1C.
ENGINEERING C"OPisuLr4f TS-
February
5
February 23, 1996
Mr. Mark Bean
Garfield County Planning and Zoning Commission
109 Eighth Street
Glenwood Springs, CO 81 601
Dear Mark:
(970) 945-5700
(970) 945-1253 Fax
Enclosed is our application for subdivision exemption of two additional Tots on the Shirley
L. Zancanella Family Partnership property. The lots will be served by City water, see
attached agreement that provided two city taps in exchange for the water line easement
on the Ncrth property boundary. Both of the additional lots would be served by ISDS
waste water systems. We will perform site specific perk tests at the time of leach field
construction. The slopes on the lots are generally between 10-15%.
These additional building sites will be for vacation horses on the Shirley Zancanelia Family
Trust property for farnily members. Lot 3 was originally split off as a geologic exemption
as we discussed at the time of the original subdivision application. Lot 5 would he
accessed from county Road 130A and Lot 4 would be accessed by the circle drive up
Hyland Drive and also by the existing driveway shown on plat 1 to County Road 130. All
of these driveways are privately maintained.
If you have any questions, please call our Glenwood Springs office at 945-5700.
Very truly yours,
Zancanella and Associates, Inc.
Thomas A. Zancanella, P.E.
President
TAZ/maz/SZFT
STATE OF COLORADO )
)ss
County of Garfield )
At a_ regularCommissioners for Garfield Commissioners' of the Board of County
Meeting Room County, Colorado, held at thCommissioners'oners'
at the Garfield County Courthouse in Glenwood Springs on
the 22nd day of Febrr _A.D. .1988 , there were present:
Robert Richardson , Commissioner Chairman
- -- Marian I. Smith
• Commissioner
Lary Schmueser
• Co
Don De ForCommissioner
Mildred Alsdorf County Attorney
Chuck llesclrenese , Clerk of the Board
• County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLU'T'ION NO. 88-021
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY
SUBDIVISION REGULATIONS FOR BERT AND SHIRLEY ZANCANELLA
WHEREAS, Bert and Shirley Zancanella have
Garfield Count- petitioned the Board of
County Commissioners of Garfield y, Colorado, for an exemption from
the definition of
the terms "subdivision" and "subdivided land"
C.R.S. 1973, 30-28-101 (10) under
(a) -(d), as amended, and the Subdivision
Regulations of Garfield County, Colorado, adopted April 23, 1984, Section
8:00 through 8:60 and for the division of a 27.6 acre tract as
in Book 248, Pages 36-39, as filed .in the Office of the Clerk and Recorder
described
of Garfield County, Colorado, into three tracts of 4.6 acres, 20.9 acres
and 2.0 acres, more or
less, which proposed divided tracts are more
practically described as follows:
TRACT A: See attached legal description; Lot 1
TRACT B: See attached legal description; Lot 2
TRACT C: See attached legal description; Lot 3
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Petitioners have demonstrated Lo the satisfaction of the
Board of County Commissioners of Garfield County,
proposed division does not fall within the purposes ofCParta1, that the
Title 30, Colorado Revised Statutes 1973, as amended, for the Article
reason that
the division does not warrant further subdivision review, and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County,
an existing shared domestic well or central waterr
rsystem available Lo
each of said tracts, that there is, that there is
.is
tracts, that the location of Septic
tanksirrwills bend egresrte to sand
d be
Colorado Department ofHealth, that the requested division is part tof
an existing or larger development and does not fail within the general
purposes and intent of the subdivision regulations of the State of
Colorado and the County of Garfield, and should, therefore, be exempted
from the definition of the terms "subdivision" and "subdivided land"
as
set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended;
1
NOW TIIEREFORE, BE IT RESOLVED that the division of the above described
tracts ^A^
"B", and "C" from the above described 27.6 acre tract,
is
hereby exempted from such definitions and
said tracts ^A�� said tract may be divided
"13" "C" and may be conveyedintof c
tracts "A^, "B° AND .�C� and
, all as is more fully described above e oandothat�ca
copy of the instrument= or instruments of conveyance when recorded shall be
filed with this Resolution.
Dated this 22nd day of February
ATTEST:
22112Lc
Clerk of the
� r .
Board
G- Z
, A.D. 1 988
GARFIELD cop
GARFIF,.i
TY BOARD OF ,'OMMISSIONERS
Y,
air;ra
Upon motion duly made and seconded
adopted by the following vote:
Robert Richardson
L,arr Schmueser
Marian T. Smith
STATE OF COLORADO )
Count )
y of Garfield )
the
COLORM5
i
foregoing Resolution was
Aye
Aye
Aye
I,
of the Board of Count —---, County Clerk and ex -officio Clerk
Y Comnii.ssi.oners in and for the
e
aforesaid do hereby certify afortrulcopied from hereby
eecor.ds of the annexed nguRey and Stair
Y LhaL the and foregoing Resolution
Commissioners for said Garfield Count Proceedingsof the Board of is
Y, now in my office. County
IN WITNESS WHEREOF, I have hereunto set my hand and af
19
of said County, at Glenwood Springs, this fixed the seal
day of. r .,
of the Board of County Commissioners.
County Clerk and ex -officio Clerk
•
EXHIBIT A
Legal_ Descriptions
LOT 1
A parcel of land situated in a
6 South, portion of lot I and Lot 2, Section 5, Township
Range 89 West of the Sixth Principal Meridian, County of Garfield,
State of Colorado; said parcel being more
follows: particularly described as follows:
Commencing et the Southeast Corner of
SectHest of the Sixth Principal Meridian; thence,St189559'00'�Whip 5 South, Range 89
line of said Section 35, 1459.22 feet to the Northeast Cornerof
110851, along the southerly
also being a point on the northerly line of Reception rue
Point of BeginninrJ; thence said Section 5, the True
Reception S.14'40'30'W. along the easter)
No. 170852, 636.39 feet; Y line of said
N.55'I1'36'W thence leaving said
380.09 feet; thence N.03'12'57'0. easterly line
northerly line of 399.11 feet to a
said Section 5; thence N.89.59'O0'0. alongpoint th the
line 450.91 feet to the true Point of Beginning. said said northerly
acres, more or less 9----_J parcel containing 4.669
LOT 2
A
� parcel of land situated in a
rc 5, Toandi portion of Lot 1 , Lot 2 and the NWkSEt of
Sectp 6 South, Range 89 West of the Sixth Principe) Meridian,
County of Garfield State of Colorado; said parcel being more particularly
described as follows:
Commencing at the Southeast Corner of Section 35, Township 5 South, Range 89
West of the Sixth Principal Meridian; thence S.89'59'00'1'4. along the southerly
line of said Suction 35, 1459.22 feet to the Northeast Corner of Reception No
110852, also being a point on the northerly line of said Section 5; thence
S.14'40'30'H. along the easterly line
of said Reception No. 110852, 636.39
to the True Point__of Beginning; thence continuing along said easterly
lineS.II'10'30'W. 150.71 feet;
'10'30'H. thence continuing along said easterly line
242.30 feet; thence continuing along said easterly line
S.01'57'30'4. 520.31 feet; thence leaving said easterly line N.61'1?'Il'W.
591.58 feet to a point in an existing fence line as described in Reception No.
211413; thence H.01'35'01'E,g
aloesaid fence line 251.69 feet to a rebSr and
cap L.S. 43317 in place; thence continuing along said fence line N.03'53'32'E.
296.12 feet to a rebar and cap L.S. 13317 in place; thence continuing along
i
sad fence N.03'47'44'0. 192.31 feet;
sad'38'c'E. thence continuing along said fence
N.03540.96 feet to a point on the northerly line of said Section 5;
thence N.89'59'00'0. along said northerly line 528.72 feet; thence leaving said
northerly line S.03'12'57'W. 399.17 feet; thence S.55.11'36'E, 380.09 feet to
the,True Point of Beginningsaid parcel containing 20.939 acres, more or less.
LOT 3
A Parcel of land situated in a
portion of the NWtSfi of
ion , Township 6
South, Range 89 West of the Sixth Principal Meridian, Countycof Garfield, State
of Colorado; said parcel being more particularly described as follows;
Commencing at the Southeast Corner of Section 3S, Township 5 South, Range 89
West of the Sixth 0'incipal Meridian; thence 5.89'59'00'H. along the southerly
line of said Section 35, 1459.22 feet to the Northeast Corner of Reception No.
110852, also being a point on the northerly line of said Section 5, thence
S. 14'40'30'W. along the easterly line of said Reception No. 170852, 1081.16
feet; thence continuing along said easterly line N.88'10'30'N. 242.30 feet;
thence continuing along said easterly line 5.01'51'30'W. 520.37 feet to the
Tr_ue Pointof Beginning; thence continuing along said easterly line
S 01'S1'30'W_ 165.23 feet to a point on the northerly right-of-way of County
Road 110, a rebar and cap L.S. 112110 in place; thence leaving said easterly
line N.61'12'11'W. along said northerly right-of-way 590.36 feet to a
point in
an existing fence line as described in Reception No. 244413, a rebar and cap
L.S. 43317 in place; thence N.01'35'01'0. along said fence line 165.19 feet;
thence leaving said fence line S.61'12'11'E. 591.58 feet to the True Point of
Beginning; said parcel containing 2.000 acres, more or less.
IX 11 L R i'I' A
Legal_ Descriptions
LOT 1
A parcel of land situated in a
portion
5, Towship
6 South, Range 89 West of theSixth Princcipaland Meridian, CountyLot 2, Sectnof Garfield,
State of Colorado; said parcel being more particularly described as follows.
Commencing at the Southeast Corner of Section 35, Township 5 South, Range 89
West of the Sixth Principal Meridian; thence 5.89'59'00'W. along the southerly
line of said Section 35, 1159.22 feet to the Northeast Corner of Reception No.
170852, also being a point on the northerly line of said Section 5, the True
Point of Beginning; thence S.14'40'30'W. along the easterl
Reception No. 110851, 636.39 feet; Y line of said
N.'11'36'W, thence leaving said easterly line
380.09 feet; thence N.03'12'57'E. 399.17 feet to a point on the
northerly line of said Section 5; thence N.89'59'00'E. along said northerly
line 450.91 feet to the true Point of Beginning. said parcel containing 4.669
cres, more or less.
-------------
LOT 2
A parcel of land situated in a portion of Lot 1 , Lot 2 and the NWI;SEk of
Section 5, Township 6 South, Range 89 West of the Sixth Principal Meridian,
County of Garfield, State of Colorado; said parcel being more particularly
described as follows:
Commencing at the Southeast Corner of Section 35, Township 5 South, Range 89
West of the Sixth Principal Meridian; thence S.89'59'00'W. along the southerly
line of said Section 35, 1459.22 feet to the Northeast Corner of Reception No.
110852, also being a point on the northerly line of said Section 5; thence
S.14'40'30'W. along the easterly line of said Reception No. 170852, 636.39
feet; to the True Point of Beginning; thence continuing along said easterly
line S.14'40'30'W. 450.77 feet; thence continuing along said easterly line
N.88'10'30'W. 242.30 feet; thence continuing along said easterly line
S.01'57'30'W. 520.37 feet; thence leaving said easterly line N.61'12'11'W
591.58 feet to a point in an existing fence line as described in Reception No.
244413; thence N.01'35'01'E. along said fence line 251.69 feet to a rebar and
cap L.S 43317 in place; thence continuing along said fence line N.03'53'32'E.
296.12 feet to a rebar and cap L.S. 13317 in place; thence continuing along
said fence N.03'47'44'E. 192.31 feet; thence continuing along said fence
N.03'38'32'E. 540.96 feet to a point on the northerly line of said Section 5;
thence N.89'59'00'E. along said northerly line 528.12 feet; thence leaving said
northerly line 5.03'12'51'W. 399.11 feet; thence S.55'11'36'E. 380.09 feet to
the True Point of Beginning; said parcel containing 20.939 acres, more or less.
LOT 3
A parcel of land situated in a portion of the NWkSEk of Section 5, Township 6
South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State
of Colorado; said parcel being more particularly described as follows;
Commencing at the Southeast Corner of Section 35, Township 5 South, Range 89
West of the Sixth Ortncipal Meridian; thence S.89'59'00'W, along the southerly
line of said Section 35, 1459.22 feet to the Northeast Corner of Reception No.
170852, also being a point on the northerly line of said Section 5, thence
S.14'40'30'W, along the easterly line of said Reception No. 110852, 1087.16
feet; thence continuing along said easterly line N.88'10'30'W, 242.30 feet;
thence continuing along said easterly line S.01'57'30'W. 520.31 feet to the
True Point of Beginning; thence continuing along said easterly line
5.01'57'30'W. 165.23 feet to a point on the northerly right-of-way of County
Road 130, a rebar and cap L.S. 112710 in place; thence leaving said easterly
line N.61'12'11'W. along said northerly right-of-way 590.36 feet to a point in
an existing fence line as described in Reception No. 244413, a rebar and cap
L.S. 43317 in place; thence N.01'35'01'E. along said fence line 165.19 feet;
thence leaving said fence line S.61'12'll'E. 591.58 feet to the True Point of
Be4inning; said parcel containing 2.000 acres, more or less,
/o
1.
2.
3. at the applicantchaation of tnew lot,;,
o subrni t 43/100 in School
That Impact fees for the
CONDITIONS OF APPROVAL ZANCANEL.LA SUBllIV1.SION EXEMPTION
That the following plat notes be included on the Exemption plat:
A. That portions of the site are subject to 500 Year Flood
Plains and severe soils limitations.
E. Each lot may be subject Lo engineered foundations and
systems.
septic
That the following be included on the Exemption plat:
A. Easements for waterlines
from the Mitchel -Cooper Water
System and/or easements for waterlines and access to the
existing welt should IL be utilized.
B. Access easements for the existing private drive,
4. That.
all Cepresentati.ons
application pr. of the applicant
stated at the meeting before �the tiioardloflof County
in tr
Commissioners, shall be considered conditions of approval.
The Board of County Commissioner's approval also noted that the creation
of lot //3 was based on the natural feature criteria, preventing joint use
of the proposed tracts.
I IX
flecordod at _ Y _>
HUceptlon No. rSi7nsrg.Jlr — M DEC 3 0 19gi
( M I L D Fi E D A L S D O f F,
(�AFiFIEI.D COUNTY, �ECOFtDEA
COLOAAoo
SPECIAL WARRANTY DEED
I.1 -gut_
Boux0911?61.,t'.; 930
DEC 3 0 199i
GARFIELD
dale Doc. Foe
SHIRLEY L. ZANCANELLA, Grantor, for consideration of Ten Dollars and other
and valuable considerilion, in hand paid, hereby sells and conveys to the SHIRLEY goOd
.
ZAN(:'ANELLA FAMILY ion,
X L.
1J 1' Alt'I7VLI+SIIII', Grantee, whose legal address is 1651
Road 130, Glenwcxxl Springs, CO 81601, the following renal property in the Count o
and State of Colorado, to wit: y f Canfield
Lot 2 and Lot 3, GOBBLER'S KNOB EXEMPTION, (11JiNW
COLORADO; OOD SPRINGS,
with all its appurtenances, and warrants the title (0 the same against all pons claiming
the Grantor,persons under
SIGNED this day of
STATE OF COLORADO )
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me thi
1994, by Shirley L, Lancanell;t,
WITNESS my hand and official seal,
ss
'Shirley
y Z�utcar
My commission expires:
0 .1.;
)
Notary Public
, 1994.
day of
{
FECORDED AT/17L-R'
• FEC p 122014
O'CLOCK P.m. MAR 2 2 1991
MILDRED ALSDORF, COUNTY CLERK
GARFIELD COUNTY, COLORADO
EASEMENT nEEn
BOOK 800 Nc:r;gg
KNOW ALL MEN BY �rnrsl. r
MICHELLE PRESENTS, that the undersigned,
A. ZANCANELLA, and SHIRLEY ZANCANELI,A LEONARD d"Gr
of the Count RIF PY,
County of Garfield, State(herei.nnfter. called "Grantors"
considerate -on as more particularly set offortlt Colorado, for
)
hereby ratiowl.edged. do ahereby good and valuable
OF GLENW00D grant:, bargain, convey the receipt of which is
SPRINGS COLORADO, n municipal corporation,whose
whose].aim to the
Cooper Avenue, Glenwood Springs, CITY
and its b , Colorado whoca address is 806
successors and , 81601 (hereinafter called "Gr.
lands s Grantors, assigns, permanent public antesth
situated in the I utility easements upon the
easements are described as followo; County of Garfield,
State of Colorado, said
EASEMENT A: (Water Transmission,J,ine)
strip of land situate in the Sl,, r
A9 West of a_nd 6th Principal 1S•1 of Section 35, Townslti
Township South Meridian, and :Ln the p 5 South, Range
8easement has a uniform width of N`aNI:'4 of Section Said Range 89 West of the 6th Principal Meridian.
side of the following described centerline: with 7.50 feet 1 Snid
lying on each
Beginning at a point which bears N. 73°30'23" W,
witness corner for the South �
{Oio1 feet from theN
10°00'00" E., 20.00 feet; � cornet of said Section
N. 90°00'00" !- ; thence N. 48'14'37" 35; thence thence
N. 90 S.060°24'17" E., 45'00 feet; thence S. 49°46'16"
° E., " feet;
E., 66.01 feet; thence `N6 16 E., 65.00E., feet;7.8
feet; thence N. 70°37'35" E., 89°39'03"
30.60feat; feet; thence 7 S28'37'57"
1 119.41 feet1 E. ,
28 37 57 E. thence S. fiS. 85'0 E.
E•, 85.49 feet; 120.00 feet.; thence S. , ,�
E., 5.4 I. ; thence S. 85°11'01" E., 81.91 feet. h5 ce 57
174.93 feet; thence N. 87°43'34" E. thence S.
N. 86°00'-30" E., 148.00 feet; thence69'59'45"
� 169.37 feet
thence 0, ° „ N. 69°59 '/, thence
81 42 53 E., 56.50 feet:; thence N. ° E., X91 ., feet;
feet; thence N. �, 8l 03 39 E. ,
53°32'14 E., 47.13 feet, more or.
the West line f 1..30
of Lot 7 of the Glenwood llIS stat, to a point on
the po.l.n1: of termination, Highlands Estates Subdivision,
EASEMENT B: (Fire Hydrant)
A strip of _land situate in the
9
West of the 6th Principal e ndahe SS'1 Section 35
West
feet Said easement haviln Township 5 South, Range 8 f
1
with 7.50 feet: lying on each g a uniform width of
centerline: side of
the following described
Beginning •
witness g at a point which bears N. 70°41'24"
corner for the South b
4 corner of sW citi'•41 feet from the
44°18'44" W 26.69 feet to a point of termination.
Section
'35; thence N.
EASEMENT C: (Water Services)
A strip of land situate in the S! S).
West of the 6th Principal e fnd an, J I Section 35,
West feet Township a 5 South, Range 89
with Said easement having a uniform
7.50 feet: lying on each side
15.0centerline:eewidth of
of the following described
Beginning at a point: which bents N. ]0°09'�c��
witness corner for the South ! ') E•, 144.
wi25°44'23"nes6 corner of S '� 7a feet: from the
E. , 46.71 feet to a >rrfd Section 3'i; thence
point of termination.
N.
EASEMENT D: (Air -Vac Vent)
A strip of land situate
West of the in the S'zstg Section 35
15.00eetfeth. 6th Principal. Meridian Said easement havi
with 7.50 feet � Township 5 South, Range 89
centerline:of
eelying on each side g a uniform width ed
of the following described
Beginning at a
witness point which bears N.84°29'20"
corner for the P E., 192.5
00°15' " South ) corner of feet from
07 W. 16.11 feet to a atril Section the
point of termination.
35; thence S.
NOTE: Bearings contained in the above descriptions are
N. 8: Bearings
E., on the
South line of the SE of relative to ,
said Section ` hearing of
To construct, install 3''
appurtenances , reconstruct, repair and maintain public within the above-described lands.
1 utilities and
-13-
nlnK 800 NGE7g9
Together with the right fight to remove
bushes, vegetation any and ail fence
trees,
necessarywithin said s and other structures,bly
for the exercise of easements when
Grantee of the rights herein such as reasonably
surface any of its eaglets hereunder, granted. After.
of ground Grantee shall the exercise by
nearly as is the , and any existing fences t:o _ promptly erY condition
the
practicable, at the sole expense their former
1 of the Grantee. condition ns
In consideration
Glenwood for the
Springs granting of the above
(2)o1-EQR* s grants t:o Thomas lancanel.ia and Shirley easement, the
Q water taps City of
twoo!?Rt water tapsp without charge and to Leonard Ri'Iancane]..la n total
without charge. I PY e syear.)
ta.l.) of
( 1-E(11Z o ]F30,000 gallons per year, two (2)
Neither the extent or use of the )
or enlarged from e t easement g
such ex [niti.a.l ranted herein shall ra
expansion or enl.argemens use without a specific expanded
grant from the Grantors for.
Grantors agree that
remain theg property all fee:fliti.en i.nota]-lect
shallhGrremai property of the Gr-. by Grantee
In the laces and seal]. be within the easement
orthe
no longerevent that the extent and removable at the
used for the purpose use of this easement option of
grant herein shall reverttI 1 described here-Lnis ter, the
to the Grantors at, any time hereafter, the
their hears, successors and assigns,
1'0 HAVE AND TO HOLD, said Permanent enseiriens, unto G
and assigns, forever.
r.anCee, its successors
WITNESS the due execution hereof on
STATE OF COLORADO
COUNTY OF GARFIJLD ) <S
)
The foregoing instrument was
Ltrb��ttrrtd RipfyY'.�
/3, t6y',lrand and official
c •� seal.
— -- 1991 by
Le 1991.
Leonard RippY by 11a
as Power of Attorney
lam,
Miche.l]e A. ".ancan•]]a
S 1 r.ley 7 net j e
acknowledged
before
Mary Anne Taylor me thinthin:f.s
as Jai l-, day of
IPower or
Attorney for
An) e ray.
,"Jly cor�rr�(gst Oh expires:
STATE OF COLORADO
COUNTY OF GARFIELI)
The foregoing
) s s
Notary Puh1.I
Address;
instrument was acknowledged before
, 1991 by Michelle
:jd.itA. Zartcane].l.a,
b.e sg 'PY: hand nnci official. seal.
;M'yTcronlnji'sSian expires:
4-
1b I(
en«iNd
gl(c)
me this
Lary Public
Address;
day of
•
STATE OF COLORADO )
COUNTY OF GARFIELD )
ss.
h110K 800 110E750
The foregoing instrument was acicnowl.edged before me this
?`,,,i L 't'fil�,,_P _Z) i ildny of
.,,,,s,. ,1,..1
,i, -fi 1991 by Shirley l,ancanel.la.
.:;,‘.-c,..." W:Itnesfi, my hand and official seal.
.,.•t10 TA r'
y'•
21y,,commission expires :
- .0.1.1 1. I 1
1. -
•
1 ,
Notary Public i.c
Address:
Glenw000 Springs lural Fire Protect: 1 District
0090 Mel -Rey Road
Glenwood Springs, CO 81601
)
Tom Zan.:ane 1 a
; E,ri000d J.,pr .
Mr .
r. - - _ . •_: -.
/