Loading...
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. 7/ etW401411iNtermW/Airwag // tonougunownambati....x.enounearammourrurszaancongli, "ilporommeiniimitzduk IIPSIMirosauraystar.u......onsuunanumeatiousoweivw ItintrzanurrnurrulAmr_stunzturv_k :v.tilun.,Ville_Tc:_"..."rrrur.-^_mtorarlurvrxrjainTrriecnrcrwarry, Anal' A'n=/ (..1 \\I E 12() tJ • tm 1 S- ()CY) (if • )-0 \AI/13[L-1? I. •-, 2 //9)\1, .1? '. l Roo (b),,,,/z .• 0 4 \ --,-;.--- , II 0/ /1 IV _c_ CZAU\ 'F:E._ ''''-•„„ ((•--/j 1-'0\6 -> I_ I \I //Z •-____:i Lot 2 44* • *4*44* At*e4* L01, 3 flp "4) C- I 1. N (;) rut,* lltglCtIMIllellstriti4t/./.1111=110119/61.111iteRVIIMIMMYMA rtorlm.ATTIR44;;;;711, 2 0 ST/L-121 IL 5960 1C / (711.I,V)RE , • L.111E'•(.7"NN,, tt.J‘k1 \.• A / // // // // // // // // // // // 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. - - _ . •_: -. /