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.