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HomeMy WebLinkAbout09. Letter for Easement and legal creationWHITSITT LAW OFFICE, LLC 326 Hwy 133, Suite 190 F Carbondale, CO 81623 Telephone 970-510-3400 Facsimile 970-510-3404 tim@whitsittlawoffice.com January 14, 2021 Ms. Angela Martell, Planner Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 RE: Limited Impact Review Professional Office Your File #LIPA 12-20-8818 Dear Ms. Martell: The undersigned is counsel to Mr. Jack Albright, who has been involved in making application to Garfield County for a Limited Impact Review in the captioned file. I am in that capacity responding for Mr. Albright to your correspondence addressed to him in this matter dated December 30, 2020, requesting further information. Specifically, in your bullet point 6, you have requested conveyance records which would confirm that the subject parcel was legally created under the Garfield County Land Use and Development Code. Enclosed herewith, please find a copy of Garfield County Board of County Commissioners Resolution No. 80-39 which is an approval for a subdivision exemption regarding the subject parcel. I believe that this Resolution responds directly to your request. If I am in error in my understanding, please let me know as soon as possible. Further, you have separately requested that Mr. Albright provide confirmation to you that the access easement for the subject parcel, created by the Warranty Deed recorded at Book 729, Page 960, is still in full force and effect. I have enclosed herewith correspondence signed by Mr. Robert M. Johnson, the current owner of the adjacent parcel burdened by this easement, confirming its current existence and effectiveness. Please feel free to contact me should you need anything further with respect to these matters. cc: Mr. Jack Albright, Mr. Robert M. Johnson www.whitsittlawoffice.com Robert M. Johnson Post Office Box 2525 Basalt, CO 81621 (970)948-2525 January 14, 2021 Garfield County Community Development 108 8th Street, Ste. 401 Glenwood Springs, CO 81601 Attention: Angie Martell RE: Easement for the Benefit of RFLANDCO at 17352 Hwv 82 Dear Ms. Martell, My limited liability company, Pepaw, LLC is the current owner of the property located at 17408 Hwy 82, adjacent to the property owned by RFLANDCO. The easement created in the Warranty Deed recorded in Book 729 at Page 960 of the real property records of Garfield County was in effect when I purchased my property on October 17, 2005 from Wayne and Lois Vagneur. The Vagneurs purchased the property from Richard and Margaret Niday, who were the original owners of both the RFLANDCO and Pepaw, LLC properties prior to obtaining a subdivision exemption in 1980. The Nidays created the easement at the time they conveyed the RFLANDCO parcel to the Ilgens, predecessors in title to RFLANDCO. It is my understanding and belief that the easement has been in full force and effect since it was created in 1988 and I can confirm that the easement has been in full use, force, and existence since 2005 when I purchased the property. Sincerely, 41( 4/1/4/ Robert M. Johnson Recorded at • 10: 56 o'clock,_.LL_ M., Reception No. 390141 WARRANTY DEED THIS DEED, Made this 7th day. of March MAR 0 7 1988 i988 between Richard W. Niday. and Margaret B. N day of the • **County of. . Garf i el d and State of Colorado, trantor,,and : Jack D.:; I l gen : and`` E`l of se H. I ltgen whose legal address= is 17352 Highway, .82 . Carbond_ al a .CO 81'623 of the Countyof • Garf i el:d and State .of Colorado, :grantees: WITNESS, that the grantor, for• and- in consideration. of the sum.of One • Hundred.. Twenty..: Five* Thousand. and no/100. DOLLARS; the receipt and sufficiency of which is hereby acknowledged, has:granted, bargained;• sold and. conveyed, and by.these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirsand assigns forever, riot in.tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying •and being in the • County - of - Ga rf i el d and State of Colorado, described as follows: Recorder. 13r1`K 729 PMOE96O. RFIELD MAR 27 -1988 State Doc; Fe® a. See attached Exhibit It A 11 also known bystreet•and number as ' d. 17352 Highway _82,. Carbonda�l a CO �= :81623 , TOGETHER with all and singular the hereditaments'and appurtenances'thereunto •belonging;'or in anywise. appertaining and the reversion and reversions, remainder and remainders,' rents,• issues a_ nd.profits thereof, and all:;the •estate;. right,• ti•tle, interest,.clatm'and • demand whatsoever of the grantor, either in law or;equity, of,.;in and'to: the •above'.bargained, premises, with' the`hereditaments. and appurtenances. TO HAVE AND TO HOLD the saidpremises above bargained and with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs andpersonal representatives, does covenant, grant,.. bargain:and"agree to`and with the grantees, their heirs and assigns, that at the time of the:enseahrig7and delivery of these presents, he is well seized of the above conveyed, has good, sure, perfect, absolute and indefeasible estate ofinheritance,..in.law, in: fee simple, and has good -right, full power and lawful authority to grant, bargain, sell and convey the same in Manner andtform aforesaid, and that the same are freeand'clear from aU former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of. whatever kind• or nature soever, except easements, restrictions,,.'reservations andrights of .way.,. all off • record, and real property taxes for 'the :year 1988', not: yet due -.or. payable: • The grantor shall and will WARRANT .AND .FOREVER: DEFEND the .above -bargained premises in the quiet and :peaceable possession of the grantees, their hes and assigns, against all and every person or persons lawfully claiming the whole or any.part thereof. ,. . The singular number shall include the plural, ,the plural the.singular,..and the use.of any gender shall be applicable.to all genders,, IN WITNESS WHEREOF the grantorhas executed thisdee&on the date: set: forth above. . Afit42'W ichard W. Niday Marraram` B.=Nday D.F. 12.50 STATE OF COIORADO BOOK 729 PMcE 961 EXHIBIT "A" A Tract of Land situated in Lot 18, Section 32, Township 7 South Range 87 We;: t of the 6th . P. M. , more particularly described as . follows: Beginning at a point on the Northerly right-of-way line of Colorado State Highway No. 82, said point bearing: N. 64732' 31" W. 6223.48 feet from the Southeast Corner of :•Section 33, Township 7 South, Range 87 West of the .6th P.M.; thence N. 71°47' 02" W. 1159.56 feet along the Northerly right of way line of said Colorado State Highway No. 82; thence leaving said highway right-of-way S. 82°31'51" E. 415.66 feet to a fence as 'con- structed and in place; thence conti.nuing along said fence S. 82°31'51" E. 757.43 feet.; thence S, 16°22' 17" W. 218.86 feet to the point of beginning; TOGETHER _ WITH a non-exclusive easement and right-of-way over and across a driveway' as presently located and in place on the 2.0145. acre tract of land owned by Grantor and located directly east: of the property described above. Such easement and right-of-way shall be used for access to and from the subject property from and to Colorado Highway No. 82; COUNTY OF GARFIELD, STATE OF COLORADO.