HomeMy WebLinkAbout1.0 ApplicationBEFORE "l'I IT: PARD OF COUNTY COMM ISSi .:RS OF
GARFiELID COUN'T'Y, COLORADO
P L'1114N_I ILEXUAI_ITI N_
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the
Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49,
the undersignedJack T . Evans Jr &Billie Burchfield—Evansespeclfully petitions
the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution
the division of
48.25 acre tract of land into 3 tracts of approximately _
10 .3 19 and 19 acres each, more or less, from the definitions of "subdivision" and
"subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a)
- (d) and the Garfield County Subdivision Regulations for the reasons stated below:
P1
SU13MV1'FAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with all the following
information:
A. Sketch map at a minimum scale of 1"=200' showing the legal description of the
property, dimension and area of all lots or separate interests to be created, access
to a public right-of-way, and any proposed easements for drainage, irrigation,
access or utilities;
11. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic
and geographic relation of the proposed exemption to the surrounding area
within two (2) miles, For which a copy of U.S.G.S. quadrangle map may be used.
C. Copy of the deed showing ownership by the applicant, or a letter from the
property owner(s) if other than the applicant; and
1). Names and addresses of owners of record of land immediately adjoining and
within 200 feet of the proposed exemption, mineral owners and lessees of mineral
owners of record of the property to be exempted, and tenants of any structure
proposed for conversion; and
1 . 1 vidence of the soil types and characteristics ()leach type; and
F. Proof of legal and adequate source of domestic water for each lot created,
method of sewage disposal, and leiter of approval of fire protection plan from
appropriate lire district; and
G. 11' connection to a community of municipal water or sewer system is proposed,
a leiter from the governing body staling a willingness to serve; and
11. Narrative explaining why exemption is being requested; and
1. It shall be demonstrated that the parcel existed as described on January 1, 1973
or the parcel as it exists presently is one of not more than three parcels created
from a larger parcel as it existed 00 January I, 1973.
J. A $300.00 fee must be submitted with the application.
PetitionJack T. and Biltlie G. Evar
48 Morning Star Dr.
Mailing Address
Parachute, CO 81635
City State
(970) 285-9104 or (970) 945-8818
Telephone Number
• •
EXEMPTION
APPi..ICABILI"1'Y
The Board ()Motility Commissioners has the discretionary power to exempt a division of land
from the definition of subdivision and thereby from the procedure in these Regulations,
provided the Board determines that such exemption will not impair or defeat the slated purpose
of the Subdivision Regulations nor he detrimental to the general public welfare. The Board
shall make exemption decisions in accordance with the requirements of these regulations.
Following a review of the individual facts of each application in light of the requirements of
these Regulations, the Board may approve, conditionally approve or deny an exemption. An
application for exemption must satisfy, at a minimum, all of the review criteria listed below.
Compliance with the review criteria, however, does not ensure exemption. The Board also may
consider additional factors listed in Section 8:60 of the Subdivision Regulations.
A. 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, at 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;
B. All Garfield County zoning requirements will be mel; and
C. All lots created will have legal access to a public right-of-way and any necessary access
easements have been obtained or are in the process of being obtained; and
D. Provision has been made for an adequate source of water in terms of both the legal and
physical quality, quantity and dependability, and a suitable type of sewage disposal to
serve each proposed lot; and
i. All slate and local environmental health and safely requirements have been mel or are
in the process of being met; and
F. 'Provision has been made for any required road or storm drainage improvements; and
G. Fire protection has been approved by the appropriate fire district; and
11. Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained; and
I. School fees, taxes and special assessments have been paid.
(The School Impact Fee is $200.00 for each new lot created).
PROC1I DURI�S
A. A request for exemption shall be submitted to the Board 00 forms provided by the
Garfield County (Department of I)evelopn►enl/Planning Division. Two (2) copies of the
application maps and supplemental information shall be submitted.
• •
13. ThePlanning Division shall review the exemption request forcompleteness within eight
(8) days of submittal. 1f incomplete, the application shall be withdrawn from
consideration and the applicant notified of the additional information needed. If the
application is complete, the applicant shall be notified in writing of the time and place
of the Board of County Commissioners meeting at which the request shall be
considered. In either case, notification shall occur within fifteen (15) days of submittal.
C. Notice of the public meeting shall be mailed by certified nail, return receipt requested,
to owners of record of land immediately adjoining and within 200 feet of the proposed
exemption, to mineral owners and lessees of mineral owners of record of the land
proposed for exemption, and to tenants orally structure proposed for conversion. the
exemption site shall be posted clearly and conspicuously visible from a public right-of-
way with notice signs provided by the Planning Division. All notices shall be mailed at
least fifteen (15) and not more than thirty (?O days prior to the meeting. The applicant
shall be responsible for mailing tl►e notices and shall present proof of mailing at the
meeting.
D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally
approve or deny the exemption request. The reasons for denial or any conditions of
approval shall be set forth in the minutes of the meeting or in a written resolution. An
applicant denied exemption shall follow the subdivision procedure in these regulations.
GG -
•
_ -Pie weeds and annual plant • are i dui i Gr C u.`-.. -r :peri j
- --managing .grazing maintains and improves lanae condi
- tion. -Reducing brush improves the range. Seeding im-
proves range in poor condition. Western wheatgrass,
-,-streambank wheatgrass, -and crested wheatgrass are
- _ suitable for seeding. Preparing a seedbed and drilling the
seed are good practices.
- Cottontail rabbit, squirrel, mourning dove, and pheas-
ant find habitat on this soil.
▪ -Community development and recreation are limited -by
slope, slow permeability, high clay content, and- shrink-
- swell potential. Dwellings and roads can be designed to
compensate for the low strength and shrink -swell poten-
tial. Septic tank absorption fields are severely limited by
_slow permeability. Community sewage disposal systems
will be needed if population density increases.
This soil is in capability subclass iVe, irrigated and
- - nonirrig-ated. - - -
= --3 f—Held` clay loam; 12 to 25 percent slopes. This
- -d ep; well drained, moderatel.y zteep ivdc11
-.-alluvial-fans and sides of valleys. Elevation ranges rror
5,000 to_ 6,000 feet.- This soil- formed in -fine textured
—alluvium derived from shale and sandstone. The average
- -annual precipitation is about 14 inches, the average
__annual air temperature is about 48 degrees F, and the
average frost -free period is about 120 days.
Typically, the -surface layer is grayish brown clay loam
--about 8. inches thick. The subsoil is Tight brownish gray
clay loam about 13 inches thick. The substratum is light
_gray clay to a depth of 60 inches.
Included with this soil in mapping are small areas of
- Olney, Arvada, and Kim soils that have slopes of 12 to
25. percent. These areas make up about 5 to 10 percent
"of the map unit.
- Permeability is slow, and available water capacity is
moderate. Effective rooting depth is 60 Inches or more.
Surface runoff is medium, and the erosion hazard is
moderate.
This soil is used mainly for grazing and wildlife habitat.
-Small areas are used for grass hay or irrigated pasture.
The native vegetation on this soil is mainly wheat -
grass, sagebrush, and rabbitbrush.
When range condition deteriorates, forbs and woody
shrubs increase. When the range is in poor condition.
undesirable weeds and annual plants are numerous.
Properly managing grazing maintains and improves
range condition. Reducing brush improves the range.
Seeding improves the range in the more gently sloping
areas if it is in poor condition. Western wheatgrass,
streambank wheatgrass, and crested wheatgrass are
suitable for seeding. Preparing a seedbed and drilling the
seed are good practices.
Cottontalj rabbit, squirrel, mourning dove, and pheas-
ant find habitat on this soil.
Community development and recreation are limited by
slope, slow 'permeability, high clay content, and shrink-
•
swell potential. Dwellings and roads ca -7 be designed
compensate for the -low strength and shrinkswell -pot,-
tial. Septic tank absorption fields are severely limited
slow permeability. Community sewage disposal syste
will be needed ii population -density increases.
This soil is in capability subclass Vle, nonirriga..
32—Holderness Variant clay loam, --6 to 25-percf
slopes. This deep, well drained, moderately sloping
hilly soil is on alluvial fans and sides of_ valleys (fig.
Elevation ranges from 6,500 to 7,500- feet.- This
formed in fine textured sediment .derived from shale E
sandstone. The average annual precipitation is about
inches, the average annual air temperature is about
degrees F, and the average frost -free period is abou'
days. -
Typically, the surface layer is grayish- brown clay lo.
thick. subsoil is grayish brows
about 11 inches The subsoil y,�,–_.
Tight brownish gray clay about 41 inched thick. The si
stratum is light brownish gray, calcareMds clay loam
.epth of 60 ins'ipc -
included with this soii in mapping are small area
Dollard and Tanna soils that have slopes of more
25 percent. These areas make-up about 5 -to 10 De
of the map unit. - _ -
Permeability- is slow, and available water capacity
high. Effective rooting depth is 60 inches or_more,
face runoff is medium, and the erosion -hazard -is slid
This -soil is used mainly for grazing.r- ome--srfall are
are in irrigated pasture and hay. -
Flooding is the usual method of irrigation. This soi'
easily compacted by machinery or -_livestock: - It . takes
water slowly.
The native vegetation on this soil is mainly .wht
grass, needlegrass, and sagebrush.
When range condition deteriorates, forbs :and shr.
increase. When the range is in poor condition, uncles
ble weeds and annual plants are numerous. Prop:
managing grazing maintains and improves -the range.
ducing brush improves -the range. Seeding impro\
range in poor condition. Western wheatgrass, pubesc
wheatgrass, and big bluegrass are suitable -for seed
Preparing a seedbed and drilling the seed are gc
practices.
Mule deer, cottontail rabbit, and gray squirrel find h
tat on this soil.
Use of this soil for community development and a
source of construction material is limited by high
content, high shrink -swell potential, low strength.
steep slopes. Roads and dwellings need good dram
to reduce shrinking and swelling and soil slumping.
This soil is in capability subclasses IVe, irrigated
Vle, nonirrigated.
33—I1defonso stony loam, 6 to 25 percent slot
This deep, well drained, moderately sloping to hilly
on mesas, benches, and sides of valleys. Elev.
ARE AREA COLORAL5b
•
ges from 5,000 to 6-500 feet. This soil fermec
alluvium _derived primarily from basalt. This sol.
a thin intermittent cap of reddish eolian material. The
rage annual precipitation is about 14 inches, the
age annual air temperature is 46 degrees F, and the-
w) frost -free period is -about 125 days.
typically, the surface layer is brown stony roam aboui
hes thick. The underlying material is white, very
ngly calcareous- very stony loam to a depth of 6C'
les. -
ncluded with this soil in Mapping are small areas of
otts and Ascalon soils on less_sloping positions. These
areas make up 5 to -15 percent of the map unit.
Permeability is moderately rapid, and available wate'
tpacity is low.. Effective rooting depth is more than 6C
1i ches. Surface runoff is medium, and the -erosion hazard
lianoderate.
'-T`�his soil is used mainly for grazing -and wildlife habitat
,.The native vegetation on this soil is mainly pinyon anc
-Utah juniper. The_-onderstory consists mostiv o'
.icegrass, wheatgra ..-.unegrass, serviceoer bitter-
'biiash, and big sagebrush. _--
- .r.;,...Whe
--..When the_ understory-vege_tatior deteriorates, grasser
utmost disappear and_forbs and shrubs increase. Proper -
the vegetation- maintains wood production
and .grazing. Selectively thinning the pinyon and juniper
- p proves understory grazing and provides firewood,
pests, and Christmas -trees.-
- soil is suited to production of pinyon and Utah
jumper. It can produce 9. cords -of wood per acre when
'lees more than 4.5 -feet tall reach an average diameter
at -one foot) of 5 inches. The low available water capac-
(,affects survival of tree -seedlings. -
rsMule deer, chukar, wild turkey gray squirrel, and cot-
Wintail rabbit find habitat on this soil. -
:,,t,''.:Community development is limited by large stones and
;,steep slopes. Structures to divert runoff are needed for
:`This soil is in capability. subclass Vls, nonirrigated.
Y34—Ifdefonso stony loam, 25 to 45 percent slopes.
.his deep, well drained, hilly to steep soil is on mesa
breaks, sides of valleys, and alluvial fans. A small portion
.;:this unit is on very steep to extremely steep mesa
BSCarpments. Elevation ranges from 5,000 to 6,500 feet.
l?1iS soil formed in mixed alluvium derived primarily from
Zttaliatt. This soil has a thin intermittent cap of reddish
material. The average annual precipitation is about
hes, the average annual air temperature is about
grees F, and the average frost -free period is about
ys.
Ily, the surface layer is brown stony loam about
s thick. The underlying material is white, very
.calcareous very stony loam to a depth of 60
with this soil in mapping are small areas of
d Ascalon soils on less steep and depressional
11111111117 ------
positions. These areas make up about 5 to 15 percent of
the map unit. --
Permeability is moderately rapid, and available water
capacity is low. Effective rooting depth is more than 60 -
inches. Surface runoff is medium, and the erosion hazard
is severe. - - -
Iidefonso soil is- used mainly for grazing and wildlife
habitat. -
The native vegetation on this soil is mainly pinyon_ and
Utah juniper. The understory consists of Indian ricegrass,
wheatgrass, junegrass. serviceberry, bitterbrush, and big
sagebrush.
When the understory vegetation deteriorates, grasses
almost disappear and (orbs and shrubs increase. Proper -
Iv manacling the vegetation maintains wood production
and ground cover. The value for grazing isJow because
of steep slopes- and tree cover. Firewood, posts, and
Christmas trees can be harvested on the more gently
sloping areas. -
hic rhii _ __^tier of pinyhr end Ht2n,
juniper. It can produce 9- cords of wood per acre when
trees -more than 4.5 feet tall reach an average diameter
(at one foot) of 5 inches. The low available voter_ capac-
ity affects- survival of tree seedlings. Steep slopes and
severe erosion hazard affect harvesting. -
Mule deer, chukar, wild turkey, gray squirrel, and cot-
tontail rabbit find habitat on this soil.
Community development is limited by large stones and
steep slopes. Structures to divert runoff are needed for
roads.
This soil is in capability subclass Vile, nonirrigated.
35—Ildefonso-Lazear complex, -6 to 65 percent
slopes. Moderately sloping to very steep -soils are on
hillsides and mesa breaks. Elevation ranges from 5,000
to 6,500 feet. The Ildefonso soil formed in very calcare-
ous, mixed, stony alluvium derived mainly from basalt,
and the Lazear soil formed in shale and sandstone re-
siduum. The average annual precipitation is about 14
inches, the average annual air temperature is about 48
degrees F, and the average frost -free period is about
125 days.
The Ildefonso soil makes up about 50 percent of the
unit, the Lazear soil makes up about 30 percent, and
soils of minor extent make up 20 percent.
The Ildefonso soil is deep and well drained. Typically,
the surface layer is brown stony loam about 8 inches
thick. The underlying material is white, very strongly cal-
careous very stony loam to a depth of 60 inches.
Permeability of the Ildefonso soil is moderately rapid,
and available water capacity is low. Effective rooting
depth is more than 60 inches. Surface runoff is medium,
and the erosion hazard is moderate.
The Lazear soil is shallow over shale bedrock and is
well drained. Typically, the surface layer is grayish brown
gravelly, loam about 4 inches thick. The underlying mate-
39
•
-55—Potts loam, 3 to 6 percent slopes: This deep.
-- -well-drained, moderately sloping soil is on mesas, bench-
es, and sides of valleys. Elevation ranges from 5,000 to
-2,000 feet. This soil formed in alluvium derived _from
_ sandstone, shale, or basalt. The average annual precipi-
tation is about -14 inches, the average annual air tem-
- perature is about 46 degrees F, and the average frost -
free period is about 120 days.
Typically, the surface layer is brown loam about 4
-inches thick. The subsoil is reddish brown clay loam
- about 24 inches thick. The substratum is pinkish white
• loam to a depth of 60 inches. j
included with this sol, in mapping are small areas of
Olney, Kim, and Ildefonso soils that have slopes of 3 to
6 percent. These areas make up 10 to 15 percent of the
_map unit. •
-Permeability is moderate, and available water.capaclty
is high. Effective rooting depth is 60 inches or more.
._ . l hazflmodei-
�urfaCe- funvff ;.`�, S 0`"', 2nr! the erosion r0 is
ate. • =
This.soil its used rnainly.for irrigated crops and hay and
for dryland farming (-fig. 10). A1taIfa; .small drains. and
_ gras"s_Iegurne hay are grown. Small areas are_ used for;
- - grazing. _ . fioodi Grog
These soils are -usually irrigated by
structures in irrigation ditches, grassed waterways, and
_minimum- tillage prevent serious erosion. Irrigation water
should be carefully managed to avoid piping and erosion.
Cover crops or stubble mulching also help to limit ero-
sion in dryfarmed areas. _
The native vegetation on this soil is mainly wheat-
- grass, needleandthread, and sagebrush.
-When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition. Crested wheatgrass.
western wheatgrass. and Russian wildrye are suitable for
-seeding. Preparing a seedbed and drilling the seed are
good practices:
Pheasant, mourning dove, cottontail rabbit. some mule
deer, and squirrel find habitat on this soil.
Community development and recreation are limited by
low strength and the shrink -swell potential. Dwellings
and roads can be designed to overcome these limita-
tions. Community sewage systems will oe needed ii the
population density increases.
This soil is in capability subclasses IIIe, irrigated, and
IVe, nonirrigated.
56—Potts foam, 6 to 12 percent slopes. This deep.
welt. drained, moderately sloping to rolling soil is on
mesas, benches, and sides of valleys. Elevation ranges
from 5,000 to 7,000 feet This soil formed in alluvium
derived from sandstone, shale, or basalt. The average
annual precipitation is about 14 inches, the average
•
annual air temperature is about 46 degrees -F, . ano the
average frost -free period is about 120 days.
Typically, the surface layer is brown -loam about 4
inches thick. The subsoil is reddish brown clay loam
about 24 inches thick. The substratum is pinkish" white
loam to a depth of 60 inches. -
are small areas of
Included with this soil in mapping
Kim, Olney, and Ildefonso soils that have -slopes of 6 to
12 percent. These areas make up 10 to 15_ percent • of
the map unit.
Permeability is moderate. and available water capacity
is high. Effective rooting depth is 60 inches or more
Surface runoff is medium, and the erosion hazard i5
severe.
This soil is -used maainly fo10graWtg,a ildlif ehabita oats
_some dryland farmin (fig. )•
are grown. _
Minimum contour tillage and stubble mutchiing help _to
prevent excessive erosion. - The native vecetation on. this soil Ie._ma_niv whew
grass, needieandthread, and sagebrush -
When range condition. deteriorates, fortis- and shrub
increase. When the -range is- in- poor condition: undesira-
ble weeds and annuai {Tants. are numerous:-- Proper 1,
managing grazing improves and -maintains -range condi-
tion. Reducing -brush improves range. -Seeding improves
range in poor condition. Crested wheatgrass, _westerr
wheatgrass, -and Russian wildrye are suitable for seed
ing. Preparing a seedbed and drilling the seed are goo:'
practices.-
Community development and recreation -are limited b\
low strength, shrink -swell potential, and slope. Dwellings
and roads can be designed to overcome- these --limita-
tions. Community sewage systems will be needed if_ thr
population density increases:
This soil is in capability subclass IVe. irrigated an
nonirrigated.
57—Potts-Ildefonso complex, 3 to 12 percew
slopes. These gently sloping to rolling soils are -or-
mesas
o-mesas and sides of valleys. Elevation ranges from 5,00C
to 6,500 feet. The Potts soil formed in alluvium derives
from sandstone, shale, or basalt. The Ildefonso sol
formed in very strongly calcareous. basaltic alluvium am.-
small
msmall amounts of eolian material. The average annum
precipitation is about 14 inches, the average annual
temperature is about 46 degrees F and the averac:.
frost -free period is about 120 days.
The Potts soil makes up about 60 percent of the ma;
unit, and the Ildefonso soils makes up about 30 percent.
The Potts soil is on slightly concave positions, and the
Ildefonso soil is on the breaks of steeper slopes.
The Potts soil is deep and well drained. Typically, r,,.
surface layer is brown loam -about 4 inches thick. TI
subsoil is reddish brown clay loam about 24 inches this
The substratum is pinkish white loam that extends to
depth of 60 inches.
TO BE SET
WILLARD EAMES
9.00 + ACRES
S 00'00'00" E 75.00'
(DUE SOUTH)
00'23'2.0"
1273.82'
I94cE2- /
10.30 + ACRES
N 00.23'00" E
a �
1279.96'
NW CORNER OF THE NW 1/4 PRA6EL• 46,02 BRASS CAP
OF THE SW 1/4 OF SECT10N 3 i
xg-s7- %zd p/4-. /UF/A•ofJE y
5 r/o' 4// T 750, /zg/ti
C�/U7Q/A//✓a /7 fAeizj3
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rNF ilC0g-s/_=
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N 00.11'05" W
•
1292.10'
483717 B-954 P-465 09/29/95 04:08P PG 1 OF 2 REC DOC NOT
CLERK AND RECORDER 11.00 7.00
MILDRID ALSDORF GARFIELZ) COUNTY
PILING STAMP
THIS DEED , Made this day of Sept 28, 1995
bHOGV PFOBT AND JEBHIE E. PFOBT NM= TRUST
of the County of
Colorado, of the first part, and
and State of
JACK T. EYMS, JR. AND IITT.T17.G. IELD—EVANS
whose legal address is BAA, co 815E
of the County of Gramm and State of Colorado, of the second part: 70 000.00 )
WITNESSETH, That the said party of the first part, for and in consideration of the sum of
i
SEVENTY THOUSAND DOLLARS AND 00/100THS
and other good and valuable consideration to the said party of the first part in hand paid by the said parties of the
second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by
these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and
assigns forever, not in tenancy in common but in joint tenanc all the followingtaescribedllot or of to parcel of land,
lying and being in the County of
SEE EXHIBIT "A" ATS HERETO AND MADE A PART HEItDOF :
also known as street number VACANT LAND
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estnate,tright, title
interest, claim and demand whatsoever of the said party of the first part, either in law or equity,of,
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of
above bargained premises, with the hereditaments and appurtenances.
the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors,
and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs
and assigns, that at the time of the ensealing and delivery of these presents. he is well seized of the premises above
conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good
right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and
that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
EXCEencumbrances of whatever kind or nature Asszsm FOR YEAR 1995 AND 8UBSE AND
saw T TAXES �)�ATIONS, RESTRICTIONS, COVENANTS AND (i'8 OF WAY OF
SUBJECT TO Ep,SH�lTB,
RECORD, IF ANY;
and the aboved bargained premises
them, their assigns and the heirs
or to claim the whole or any part
singular number shall include the
genders.
IN WITNESS WHEREOF, the said
written.
in the quiet and peaceable possession of said parties of the second part, the survivor of
and assigns of such survivor, against all and every person or persons lawfully claiming
thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The
plural, the plural the singular, and the use of any gender shall be applicable to all
party of the first part has hereunto set his hand end seal the day and year first above
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO
County of
GARPIMA> ss.
(SEAL)
(SEAL)
The foregoing instrument was acknowledged before me this day ofSQptAaR1bQr 28, 1995
by GLE M =am; prom, TRUSTEE Fat HUGH PFOBT AND JENNIE E. PFOBT ESTATE TRUST
My commission expires /f Z 3//6
,•ilitnesi#'my.,hand and offi ial seal.
•
1
(SEAL)
Form WDJT WARRANTY D,i:D - To Joint Tenants
GW226178.22C . 78 GrA220178
JACK T. EVANS, JR AND
BILLIE G. BURCHFIELD-EVANS
48 MORNING STAR DRIVE
PARACHUTE, CO 81635
MMMI
J (17 B-954 P-466 09/29/95 04:08P PG 2 OF 2
EXHIBIT A
ALL OF THE NW1/4 OF THE NW1/4 OF SECTION 10 AND A PORTION OF
THE SW1/4 OF THE NW1/4 OF SECTION 10, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS CAP MONUMENT FOUND AND PROPERLY MARKED
FOR THE SECTION CORNER OF SECTIONS 3, 4, 9 AND 10;
THENCE 1316.52 FEET BEARING S. 89 DEGREES 19' 35" E. TO A
BROKEN, CHISELED LAVA STONE WITH A SCRIBED "X" ON THE NORTH
SIDE AND "1/16" SCRIBED ON THE SOUTH SIDE, AS DEPICTED ON THE
MORRISANIA MESA MAP AND ACCEPTED AS THE NE CORNER OF THE
NW1/4 OF THE NW1/4 OF SECTION 10;
THENCE 1320.42 FEET BEARING S. 00 DEGREES 02' 30" W. TO THE
SOUTHEAST CORNER OF THE NW1/4 OF THE NW1/4 OF SECTION 10;
THENCE 250.00 FEET BEARING N. 89 DEGREES 26' 34" W. TO A
REBAR AND CAP L.S. 5933;
THENCE 456.00 FEET BEARING S. 00 DEGREES 02' 30" W. TO A
REBAR AND CAP L.S. 5933;
THENCE 169.00 FEET BEARING N. 89 DEGREES 26' 34" W. TO A
REBAR AND CAP L.S. 5933;
THENCE 360.71 FEET BEARING N. 47 DEGREES 56' 42" W. TO A
REBAR AND CAP L.S. 5933;
THENCE 217.00 FEET BEARING N. 00 DEGREES 02' 30" E. TO A
REBAR AND CAP L.S. 5933;
THENCE 631.76 FEET BEARING N. 89 DEGREES 26' 34" W. TO A
BRASS CAP FOUND WITH NO INSCRIPTION --ASSUMED TO BE THE SW
CORNER OF THE NW1/4 OF THE NW1/4 OF SECTION 10;
THENCE 1323.07 FEET BEARING N. 00 DEGREES 08' 23" E. TO THE
POINT OF BEGINNING, ALL IN SECTION 10, TOWNSHIP 7 SOUTH,
RANGE 95 WEST OF THE SIXTH PRINCIPAL MERIDIAN.
TOGETHER WITH:
THE NE1/4 OF THE SE1/4 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE
95 WEST OF THE SIXTH PRINCIPAL MERIDIAN.
ALSO TOGETHER WITH:
THE WEST HALF OF THE NW1/4 OF THE SW1/4 OF SECTION 3,
TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, EXCEPT 9 ACRES, MORE OR LESS, CONVEYED TO WILLARD
EAMES BY DEED DATED SEPTEMBER 6, 1941, (SHERIFF'S DEED FILED
FOR RECORD SEPTEMBER 6, 1963 IN BOOK 352 AT PAGE 524 AS
RECEPTION NO. 222695) AND SAID PROPERTY MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS CAP MONUMENT FOUND AND PROPERLY MARKED
FOR THE SECTION CORNER OF SECTIONS 3, 4, 9 AND 10;
THENCE 1279.77 FEET BEARING N. 00 DEGREES 13' 33" W. TO A
BRASS CAP MONUMENT FOUND AND PROPERLY MARKED AS THE SW CORNER
OF THE NW1/4 OF THE SW1/4 OF SECTION 3, BEING THE POINT OF
BEGINNING;
THENCE 1280.84 FEET BEARING N. 89 DEGREES 25' 16" W. TO THE
SW CORNER OF THE NE1/4 OF THE SE1/4 OF SECTION 4;
THENCE 1292.10 FEET BEARING N. 00 DEGREES 11' 05" W. TO THE
NW CORNER OF THE NE1/4 OF THE SE1/4 OF SECTION 4;
THENCE 1290.37 FEET BEARING S. 88 DEGREES 53' 12" E. TO A
BRASS CAP MONUMENT FOUND AND PROPERLY MARKED AS THE NW CORNER
OF THE NW1/4 OF THE SW1/4 OF SECTION 3;
THENCE 76.46 FEET BEARING S. 88 DEGREES 53' 12" E. TO A
REBAR AND CAP L.S. 5933;
THENCE DUE SOUTH 75.00 FEET;
THENCE 1338.98 FEET BEARING S. 25 DEGREES 20' 47" E. ALONG
THE WESTERLY LINE OF SAID 9 ACRES CONVEYED TO WILLARD EAMES
TO A REBAR AND CAP L.S. 5933;
THENCE 658.25 FEET BEARING N. 89 DEGREES 25' 16" W. TO THE
POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO =__
WARRANTY DEED
� Av9vsP6.2.21-41-'-day
THIS DEED, made this P6.2.21 -41 -'-day of ./ 3e, 1970, between
Hugh Pfost and Jennie E. Pfost, Grantors, of the County of Adams
and State of Colorado, and Leonard Pfost of the City of Sterling,
County of Loudoun, State of Virginia, as Trustee. Grantors irre-
vocably give and convey to the Trustee, his successors, and the
beneficiaries under the Trust Agreement of Hugh Pfost and Jennie E.
� iw us7`
Pfost dated 22, 1970, all the following described parcels of
land, situate, lying and being in the County of Garfield and State
of Colorado, as more fully described in the attached.
Together with all and singular the hereditaments and
appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues and profits thereof; and all the estate, right, title,
interest, claim and demand whatsoever of the said Grantors, either
law or equity, of, in and to the above conveyed premises, with
the hereditaments and appurtenances and water and mineral rights.
To have and to hold IN TRUST NEVERTHELESS, for the
fourteen grandchildren of the Grantors.
In witness whereof, the Grantors have set their hands
/4v/v.st
and seals this ;2,2 ------day of 4.w4w, 1970.
STATE OF COLORADO
COUNTY OF ADAMS
IE E. PFO
SS.
ST
ST
The foregoin instrument was acknowledged before me this
v4/, A.D. day of -4.w44,eHugh 1970,h Pfost and Jennie E. Pfost.
Zg
My commission expires MvCommission expir.TsD:c. 1,1V/3
Witness my hand and official seal.
Notary Public
Tracts 5, 6, 7, 11, 12, 23, 24, 25, 55, and the East
portions of Tracts 28
3 acres of Tract 29, and those P
and 29 not previously conveyed by the he recorded riSis platuit
and Land Company, all according to
together ether with 124 shares of
of MORRISANIA RANCH, g Supply Company
the capital stock of the Morrisania Water
and to ether with all other water and
ditch r g diy tch to g-
ing with or appertaining to the above
therin
eof, together with the right to construct
acecistern
pipe under-
ct
ground to Trac
the Southeast corner of TNo.
ght of passage to said
cistern at any Tract and and the
all times.
Quarter of the Northwest Quarter and
All of the Northwest Q of the Northwest Quarter
that part of the Southwest QuarterDint 687 feet West
described as follows: Beginning at a p thence South -
of its Northeast corner;
thence South 217 feet;
363 feet to a point 419 feet West of the East line
South-
easterly Quarter of the Northwest Quarter and
of said Southwest Quarter
456 feet South of the North line of said St 69 tfe t t point
of the Northwest Quarter; thence E
on the West line of the Willard Eames land
o2 0 et hwest .
West
of the East line of said Southwest Quar
Quarter; thence North to the North line of enee saidWesSouthwest
outhe pointst
Quarter; thence Quarter of the Northwest about 3 3/4 acres, all
of beginning, said part containing
in Section 10, Township 7 South, Range 95 West of the Sixth
Principal Meridian.
Quarter of the Southeast Quarter of Section
The Northeast e 95 West of the Sixth Principal
4, Township 7 South, Rang
Meridian.
TRange he West Half of the Northwest Quarter , f the Southwest
Quarter of Section 3, Township about 9 acres con -
the Sixth Principal Meridian, eed dated September 6, 1941,
con-
veyed to Willard Eames by
beginning at the Southwest corner of the
and described as beg g Quarter of the Southwest Quarter
East Half of the Northwest point
o
said Section 3;
thence a little West of North to a spring,
in the bottom of the gulch about 25
t>Z ofttheWest
North linelarge
of the
which is located
rer of said about feet
Section 3; thence due North to the
SouthwestQ
Book 352
Page 526
North line of said Southwest Quarter; thence East to the
Northwest corner of said East Half of the Northwest Quarter
of the Southwest Quarter; thence South to the point of beginning,
together with the right to have the overflow and drainage
from said spring follow its present natural course down said
gulch, as was reserved by said deed to Willard Eames, to-
gether with all water and ditch rights belonging with thereof.
appertaining to all of the above said lands, or any part
is attached to and forms a part of the WarPasty Deed
This description to Leon
from Hugh Pfost and Jennie E. Pfost, Grantors,
Trnctoe . dated 2? .kurre >
Page 1 of One Page
SCHEDULE B
Beneficiaries
The Hugh Pfost and Jennie E. Pfost Trust has been
created for the benefit of the Grantors' fourteen grandchildren
listed below:
Susan Joyce (Pfost) Kravig,
Norman Wesley Pfost, Box 77, Karval, Colorado 80823
Jerry Richard Pfost, Box 77, Karval, Colorado 80823
Thomas Dewey Pfost, Box 77, Karval, Colorado 80823
Jack Leonard Pfost, Box 77, Karval, Colorado 80823
Douglas Marc Pfost, Box 77, Karval, Colorado 80823
(The above six children are the children of Jean
Wesley Pfost, the deceased son of the Grantors.)
l
Cathy Ann Pfost, 2520 G3/8 Road, Route No. 5, Grand
Junction, Colorado 81501
Allen Lee Pfost, 2520 G3/8 Road, Route No. 5, Grand
Junction, Colorado 81501
(The above two children are the children of Glenn
Allen Pfost, son of the Grantors.)
Stephen Wayne Metcalf, 96 Everett Drive, Security,
Colorado 80911
Dwight Glenn Metcalf, 2552 West Cheery Lynn, Phoenix,
Arizona 85017
Ronald Gail Metcalf, 1580 South Kirkwood Road,
Westward Motel, St. Louis, Missouri 63127
Rebecca Louise (Metcalf) Emerick, 198 Shore Road,
Old Greenwich, Connecticut 06870
(The above four children are the children of Eileen
Adelaide (Pfost) Metcalf, daughter of the Grantors.)
Laura Ellen Pfost, 701 South Birch Street, Sterling,
Virginia 22170
Martin Leonard Pfost, 701 South Birch Street, Sterling,
Virginia 22170
(The above two children are the children of Leonard
Pfost, son of the Grantors.)
AFFIDAVIT
(For Property of Trust)
STATE OF COLORADO
COUNTY OF
Glenn Allen Pfost
upon oath deposes) and say(s):
1, Affiant(s) is/are (one of the) trustees of the hereinafter named
trust and as such has/have authority to execute and to record this affidavit,
, of lawful age, being first duly sworn,
2, " Hugh Pfost and Jennie E. Pfost Estate Trust
is the name of a Trust which may acquire, convey, encumber, lease, an3-6-therwise
deal with interests in re.1 property in said name.
3. The names and addresses of all the trustees who are represented
by such name are:
NAME ADDRESS
Glenn Allen Pfo§t 2520 G 3/8 Road, Grand Junction
Colorado 81506
4. Any or►e kMxncobnxecaxecbcax)< of the above-named trustees or any of
the following other persons or entities may convey, encumber, lease or otherwise
deal with any interest in property acquired or held in the name of said trust:
-None
5. This affidavit is executed and recorded pursuant to the pr,o�isionS.
or Title 38, Article 30, Section 165 of Colorado.fjevised St tutes,':1923;=as<.amprided.
G1 enrL..FJ.
rant s
Subs iped and sworn to bef4ra me this Lo day of
1L •
My commission expires:
WITNESS MY HAND AND OFFICIAL SEAL
AJ -5 -Rev. 76
Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
PERMIT APPLICATION FORM
( 1 A PERMIT TO USE GROUND WATER
(X) A PERMIT TO CONSTRUCT A WELL
FOR: ( ) A PERMIT TO INSTALL A PUMP
( ) REPLACEMENT FOR NO
( ► OTHER
WATER COURT CASE NO
(1) APPLICANT - mailing address
NAME Jack T. Evans Jr.
STREET 48 Morning Star Dr.
CITY Parachute, CO 81635
(State) (Zip)
TELEPHONE NO (970) 285-9104 or 945-8818
(2) LOCATION OF PROPOSED WELL
County Garfield
NE 1/4 of the SE '/4, Section 4
Twp. 7
S, Rng
(N,S)
95 iL, 6th P.M.
(E, W)
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) 15
Average annual amount of ground water 1
to be appropriated (acre-feet)•
Number of acres to be irrigated:
Proposed total depth (feet) : 120-150
Aquifer ground water is to be obtained from:
Alluvium Tributary to Colorado River
Owner's well designation Evans—Ri 11 We 11
GROUND WATER TO BE USED FOR:
( ) HOUSEHOLD USE ONLY - no irrigation (0)
( X) DOMESTIC (1) ( ) INDUSTRIAL (5)
( ) LIVESTOCK (2) ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
( X) OTHER (9) Exempt 37-92-602 (11 (b) CES
DETAIL THE USE ON BACK IN (11)
1
(4) DRILLER
Name Licensed
Street
City
(State) (Zip)
Telephone No. Lic. No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No
Basin Dist.
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause
no material injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
(STATE ENGINEER)
BY
I D COUNTY
(5) THE LOCATION OF THE PROPOSED WELL and the area on
which the water will be used must be indicated on the diagram below.
Use the CENTER SECTION (1 section, 640 acres) for the well location.
��- 1 MILE, 5280 FEET-- �l
1- + -I- -I- + + -f--
I I
— — NORTH SECTION LINE — +
I
I
I
{
I
I
I
I
I
I
I
I
(6) THE WELL MUST BE LOCATED BELOW
by distances from section lines.
ft from S sec. line
(north or south)
ft. from a sec line
(east or west)
LOT BLOCK FILING #
SUBDIVISION
I �
NORTH
2 D
J N
Z V)
O m
N O
I ~ Z
y r
m + f
- SOUTH SECTION LINE
+ -1- -F + -I•- 4
-+. --E- - .+. -+
4
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
-4
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner: Jack & Billie Evan:
No. of acres 48 • 25 Will this be
the only well on this tract? YeS
(8) PROPOSED CASING PROGRAM
Plain Casing
6 in from _ 0 ft to 50 ft
in from ft to ft
Perforated casing
6 in from 50 ft to 15 0 ft
in from
ft to ft
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second (cfs) ... 449 gallons per minute (gpm)
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre-foot ... 43,560 cubic feet ... 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
(9) FOR REPLACEMENT WELLS givedistance
and direction from old well and plans for plugging
it:
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): Jack T. Evans Jr. & Billie Burchfield -Evans No. of acres: 48.25
Legal description. NE1/4SE1/4 of Section 4, and West of NW 4SW4 of Sec. 3, Twp . 7 So., R.95W
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used. Septic Tank and Leech field will comply with State and County
Standards.
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right
None
Used for (purpose) Description of land on which used
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRUE TO THE BEST OF HIS KNOWLEDGE.
ATURE OF APPLIC
//
Jac Evans Jr. and/ :illie G Burchfield -Evans
a
Use additional sheets of paper if more space is required.
EASEMENT AGREEMENT
THIS AGREEMENT made and entered into as of the day
of , 1995 by and between Glenn Pfost as Trustee
under the Trust Agreement of Hugh Pfost, and Jennie E. Pfost, dated
August 22, 1970, hereinafter referred to as "Pfost" and Barton R.
Libby, Byron E. Libby, Gwynne M. Libby (now Gwynne M. Hixon),
Evelyn O. Edwards, Leslie R. Libby and Olive J. Libby, Trustees of
the Leslie R. and Jewell P. Libby Family Trust, by Leslie R. Libby,
thereunto duly authorized, and as attorney-in-fact for the
foregoing, hereinafter collectively referred to as "Libby."
WITNESSETH
Pfost is the owner of the NW1/4 of NW1/4 of Section 10, and a
portion of the NW1/4 of SW1/4 of Sec. 3, and Libby is the owner of
a three-fourths interest in the SW1/4 of the SW1/4 of Sec. 3,
Township 7 South, Range 95 West of the 6th Principal Meridian,
Garfield County, Colorado. See Exhibit A hereto and by this
reference made a part hereof.
Pfost desires easements, as hereinafter described across
Libby's above described property and Libby desires easements across
Pfost's above described property, for roads and utilities.
Libby also desires the right to change the easement granted to
Pfost for road purposes in the future at Libby's discretion.
NOW THEREFORE, in consideration of this agreement and the
granting of the easements hereinafter set forth, it is agreed as
follows:
1. Pfost hereby grants and conveys to Libby non-exckusive
easements for utilities and for a road as follows:
a. Utility easement. A 25 foot -wide easement situate on
the Morrisania Mesa, Township 7 South, Range 95 West of the 6th
Principal Meridian, Garfield County, Colorado, being more
particularly described as follows:
Commencing at the SE corner of the NW1/4 of the NW1/4 of
Sec.10, said point of beginning being situate at the
intersection of Garfield County roads 301 and 310; the
easterly line of said easement running thence
northeasterly along and with the east line of said parcel
to the NE corner of the NW1/4 of the NW1/4 of Sec. 10.
b. Road easement. A 25 foot -wide easement situate on
the Morrisania Mesa, Township 7 South, Range 95 West, of the 6th
Principal Meridian, Garfield County, Colorado, being more
particularly described as follows:
Commencing at the SE corner of the NW1/4 of the NW1/4 of
Sec.10, said point of beginning being situate at the
intersection of Garfield County roads 301 and 310; the
easterly line of said easement running thence
northeasterly along and with the east line of said parcel
to a curve of convenience (Chord Length 59.24 feet,
Bearing N44° 38' 33" W, Radius 42.12 feet, Delta Angle
89° 22' 05"); thence along the curve left 65.70 feet;
thence westerly along and with the north line of said
parcel a distance of 473.23 feet;
2. Libby hereby grants and conveys to Pfost non-exclusive
easements for utilities and for a road, as follows:
a. Utility easement. A 25 foot -wide easement situate
on the Morrisania Mesa, Township 7 South, Range 95 West of the 6th
Principal Meridian, Garfield County, Colorado, being more
particularly described as follows:
Commencing at the SE corner of the SW1/4 of the SW1/4 of
Sec. 3, the easterly line of this portion of said
easement running thence northeasterly along and with the
east line of said parcel to the NE corner of said parcel;
thence west with the northerly line of this portion of
said easement along and with the north line of said
parcel approximately 1,187 feet to where said easement
intersects with the dirt extant road on said parcel.
b. Road easement. A 25 foot -wide easement situate on
the Morrisania Mesa, Township 7 South, Range 95 West of the 6th
Principal Meridian, Garfield County, Colorado, being more
particularly described as follows:
Following an extant dirt road through a portion of the
Libby property, which is the SW1/4 of the SW1/4 of Sec.
3, to a portion of the Pfost property, which is that part
of the west half of the NW1/4 of the SW1/4 that was not
previously conveyed to Willard Eames, said property all
lying in Sec. 3. The aforementioned extant dirt road is
more particularly described as follows;
Beginning at the intersection of said road with the north
line of the NW1/4 of the NW1/4 of Sec. 10, about 540 feet
from the NE corner of said parcel, and being the PC of a
curve; the easterly line of said easement running thence
along the curve right 257.93 feet (Chord Length 233.27
feet, Bearing N45° 17' 31" W, Radius 167.80 feet, Delta
Angle 88* 04' 09"); thence N1' 15' 26" W 213.01 feet to
the PC of a curve; thence along the curve left 188.98
feet (Chord Length 187.15 feet, Bearing N15* 24' 35" W,
Radius 391.76 feet, Delta Angle 270 38' 17"); thence N28*
- 2 -
53' 43" W 373.77 feet to the PC of a curve; thence along
the curve left 526.37 feet (Chord Length 525.59 feet,
Bearing N34° 19' 03" W, Radius 2781.13 feet, Delta Angle
10° 50' 39") to the above mentioned west half of the
NW1/4 of the SW1/4 of Sec. 3, a total distance of 1560.06
feet.
3. It is understood and agreed that Libby has the right to
change the road easement granted to Pfost to correspond with the
utility easements granted to Libby in paragraph 1.a and granted to
Pfost in paragraph 2.a, hereinafter referred to as the "alternate
road easement." It is agreed that the road easement granted to
Pfost in paragraph 2.b shall be deemed terminated at such time as
Libby has completed a road of equal or better quality on the
alternate road easement.
4. The easements granted and conveyed herein shall survive
forever to the respective grantees their assigns, heirs and
successors, in accordance with the above provisions.
5. Libby and Pfost respectively for themselves, their heirs,
successors and assigns represent and warrant at the time of the
granting of the above easements they were the owners in fee simple
(Libby's ownership is an undivided 3/4 interest) of the respective
properties conveyed and have the right to grant, bargain, sell and
convey said easements, and that the same are free and clear of
liens and encumbrances of every kind and nature.
6. The parties hereto recognize that the 1/4 interest in the
Libby property previously held by Leona Marshall Libby, deceased,
now appears of record as being owned by John Marshall and Peter
Marshall, as Executors of the estate of Leona Marshall Libby. The
whereabouts of the owner(s) of said one-fourth interest is not
known. Libby agrees to diligently attempt to locate the owner(s)
of said 1/4 interest and to obtain said owners signature approving
and agreeing to be bound by the terms, agreements and provisions of
this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Easement Agreement effective as of the date and year first above
written.
Glenn Pfost, as Trustee of Leslie R. Libby for Barton R.
the Hugh and Jennie E. Pfost Libby, Byron E. Libby, Gwynne
Trust M. Libby (now Gwynne M. Hixon),
Evelyn O. Edwards, as their
attorney-in-fact, and as the
Trustee of the Leslie R. and
Jewell P. Libby Family Trust
- 3 -
Acknowledgement on following page.
EXHIBIT A TO PFOST/LIBBY
EASEMENT AGREEMENT
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EASEMENT AGREEMENT
THIS AGREEMENT made and entered into as of the day
of , 1995 by and between Glenn Pfost as Trustee
under the Trust Agreement of Hugh Pfost, and Jennie E. Pfost, dated
August 22, 1970, hereinafter referred to as "Pfost" and Barton R.
Libby, Byron E. Libby, Gwynne M. Libby (now Gwynne M. Hixon),
Evelyn O. Edwards, Leslie R. Libby and. Olive J. Libby, Trustees of
the Leslie R. and Jewell P. Libby Family Trust, by Leslie R. Libby,
thereunto duly authorized, and as attorney-in-fact for the
foregoing, hereinafter collectively referred to as "Libby."
WITNESSETH
Pfost is the owner of the NW1/4 of NW1/4 of Section 10, and a
portion of the NW1/4 of SW1/4 of Sec. 3, and Libby is the owner of
a three-fourths interest in the SW1/4 of the SW1/4 of Sec. 3,
Township 7 South, Range 95 West of the 6th Principal Meridian,
Garfield County, Colorado. See Exhibit A hereto and by this
reference made a part hereof.
Pfost desires easements, as hereinafter described across
Libby's above described property and Libby desires easements across
Pfost's above described property, for roads and utilities.
Libby also desires the right to change the easement granted to
Pfost for road purposes in the future at Libby's discretion.
NOW THEREFORE, in consideration of this agreement and the
granting of the easements hereinafter set forth, it is agreed as
follows:
1. Pfost hereby grants and conveys to Libby non-exclusive
easements for utilities and for a road as follows:
a. Utility easement. A 25 foot -wide easement situate on
the Morrisania Mesa, Township 7 South, Range 95 West of the 6th
Principal Meridian, Garfield County, Colorado, being more
particularly described as follows:
Commencing at the SE corner of the NW1/4 of the NW1/4 of
Sec.10, said point of beginning being situate at the
intersection of Garfield County roads 301 and 310; the
easterly line of said easement running thence
northeasterly along and with the east line of said parcel
to the NE corner of the NW1/4 of the NW1/4 of Sec. 10.
b. Road easement. A 25 foot -wide easement situate on
the Morrisania Mesa, Township 7 South, Range 95 West, of the 6th
Principal Meridian, Garfield County, Colorado, being more
particularly described as follows:
Commencing at the SE corner of the NW1/4 of the NW1/4 of
Sec.10, said point of beginning being situate at the
intersection of Garfield County roads 301 and 310; the
easterly line of said easement running thence
northeasterly along and with the east line of said parcel
to a curve of convenience (Chord Length 59.24 feet,
Bearing N44° 38' 33" W, Radius 42.12 feet, Delta Angle
89° 22' 05"); thence along the curve left 65.70 feet;
thence westerly along and with the north line of said
parcel a distance of 473.23 feet;
2. Libby hereby grants and conveys to Pfost non-exclusive
easements for utilities and for a road, as follows:
a. Utility easement. A 25 foot -wide easement situate
on the Morrisania Mesa, Township 7 South, Range 95 West of the 6th
Principal Meridian, Garfield County, Colorado, being more
particularly described as follows:
Commencing at the SE corner of the SW1/4 of the SW1/4 of
Sec. 3, the easterly line of this portion of said
easement running thence northeasterly along and with the
east line of said parcel to the NE corner of said parcel;
thence west with the northerly line of this portion of
said easement along and with the north line of said
parcel approximately 1,187 feet to where said easement
intersects with the dirt extant road on said parcel.
b. Road easement. A 25 foot -wide easement situate on
the Morrisania Mesa, Township 7 South, Range 95 West of the 6th
Principal Meridian, Garfield County, Colorado, being more
particularly described as follows:
Following an extant dirt road through a portion of the
Libby property, which is the SW1/4 of the SW1/4 of Sec.
3, to a portion of the Pfost property, which is that part
of the west half of the NW1/4 of the SW1/4 that was not
previously conveyed to Willard Eames, said property all
lying in Sec. 3. The aforementioned extant dirt road is
more particularly described as follows;
Beginning at the intersection of said road with the north
line of the NW1/4 of the NW1/4 of Sec. 10, about 540 feet
from the NE corner of said parcel, and being the PC of a
curve; the easterly line of said easement running thence
along the curve right 257.93 feet (Chord Length 233.27
feet, Bearing N45° 17' 31" W, Radius 167.80 feet, Delta
Angle 88° 04' 09"); thence N1' 15' 26" W 213.01 feet to
the PC of a curve; thence along the curve left 188.98
feet (Chord Length 187.15 feet, Bearing N15* 24' 35" W,
Radius 391.76 feet, Delta Angle 27* 38' 17") ; thence N28*
- 2 -
53' 43" W 373.77 feet to the PC of a curve; thence along
the curve left 526.37 feet (Chord Length 525.59 feet,
Bearing N34° 19' 03" W, Radius 2781.13 feet, Delta Angle
10 50' 39") to the above mentioned west half of the
NW1/4 of the SW1/4 of Sec. 3, a total distance of 1560.06
feet.
3. It is understood and agreed that Libby has the right to
change the road easement granted to Pfost to correspond with the
utility easements granted to Libby in paragraph 1.a and granted to
Pfost in paragraph 2.a, hereinafter referred to as the "alternate
road easement." It is agreed that the road easement granted to
Pfost in paragraph 2.b shall be deemed terminated at such time as
Libby has completed a road of equal or better quality on the
alternate road easement.
4. The easements granted and conveyed herein shall survive
forever to the respective grantees their assigns, heirs and
successors, in accordance with the above provisions.
5. Libby and Pfost respectively for themselves, their heirs,
successors and assigns represent and warrant at the time of the
granting of the above easements they were the owners in fee simple
(Libby's ownership is an undivided 3/4 interest) of the respective
properties conveyed and have the right to grant, bargain, sell and
convey said easements, and that the same are free and clear of
liens and encumbrances of every kind and nature.
6. The parties hereto recognize that the 1/4 interest in the
Libby property previously held by Leona Marshall Libby, deceased,
now appears of record as being owned by John Marshall and Peter
Marshall, as Executors of the estate of Leona Marshall Libby. The
whereabouts of the owner(s) of said one-fourth interest is not
known. Libby agrees to diligently attempt to locate the owner(s)
of said 1/4 interest and to obtain said owners signature approving
and agreeing to be bound by the terms, agreements and provisions of
this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Easement Agreement effective as of the date and year first above
written.
Glenn Pfost, as Trustee of Leslie R. Libby for Barton R.
the Hugh and Jennie E. Pfost Libby, Byron E. Libby, Gwynne
Trust M. Libby (now Gwynne M. Hixon),
Evelyn O. Edwards, as their
attorney-in-fact, and as the
Trustee of the Leslie R. and
Jewell P. Libby Family Trust
- 3 -
Acknowledgement on following page.
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ass•
EXHIBIT A TO PFOST/LIBBY
EASEMENT AGREEMENT
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.T4, e.• (970) ,946-619/6) � • (97J946.-x967
November 29, 1995
Garfield County Planning Department
109 8th Street
Glenwood Springs, CO 81601
RE: Petition for Exemption
To whom it may concern:
Enclosed please find a Petition for Subdivision Exemption
for a parcel of property owned by Jack T. Evans Jr. and Billie
G. Burchfield -Evans, to be subdivided into three parcels, one
being 10.3 acres and two being approximately 20 acres each. Mr.
& Mrs. Evans intend to sell the entire parcel to one purchaser,
subject to obtaining an exemption from subdivision for the
purchaser to transfer a parcel to their general contractor in
exchange for the construction of a single family homesite on the
remaining two parcels. However, in light of the fact a
subdivision exemption is only granted once, the Evans and
purchaser would like the 48.25 acres subdivided, in the .event
they wish to sell one of the remgining parcels, or both, in the
future.
Also enclosed you will find the items listed as the
submittal requirements on the Petition.
In accordance with item F, it is the Evans' intent to use
a septic system as a method for sewage disposal.
The deed received by the Evans contains a legal description
which was prepared by a Surveyor to more adequately depict the
metes and bounds of the property. There has been no change to
the property from the pre -1973 legal description. It is as it
existed on January 1, 1973. The deed attached hereto from 1970
contains other parcels which are not contiguous to each other or
this parcel and therefore, not one of more than three parcels
created from a larger parcel. Hence, it is my opinion this
property meets the requirements for subdivision exemption.
All Garfield County zoning requirements will be met.
Each lot will have legal access to County Road 301 as
depicted on the attached easement agreement and surveyed map of
Garfield County Planing Department
November 29, 1995
Page 2
the easement.
Well permit application has been made pursuant to C.R.S.
37-96-602(1)(b) to service up to three households, one acre of
lawn and garden, livestock and fire protection. A Well use
agreement and pipeline easement will be provided for each parcel
and a septic system shall be the method for sewage disposal.
Upon final approval of the exemption, the Colorado Division of
Water Resources State Engineer will exchange said well permit
for three in house use only permits, and, it is the intent of
the Evans and purchaser to thereby provide an independent well
for each parcel.
All state and local environmental health and safety
requirements have been or will be met.
Road or storm drainage improvements are not necessary as
adequate improvements are already in place.
Fire protection has been discussed with Ed Baker of the
Grand Valley Fire Protection District. He expressed the
District's concerns regarding a fire break, access to the
property, nearest hydrant location and a source of water for use
by the District in the event of a fire. The Evans have
addressed these issues on the property and approval for fire
protection has been requested.
Taxes have been paid. Thera are no special assessments and
the School Impact fee shall be paid as required.
The property owners of record of land immediately adjoining
and within 200 feet of the proposed exemption, mineral owners
and lessees of mineral owners of record of the property to be
exempted, and tenants are as follows:
Jack T. Evans, Jr.
48 Morning Star Drive
Parachute, CO 81635
Leslie R. and Olive Libby, Trustees
Jewell P. Family Trust
5082 Live Oak Blvd.
Live Oak, CA 95953-9790
Gaylord J. and Phyllis L. Henry
P.O. Box 1062
Rifle, CO 81650
Garfield County Planing Department
November 29, 1995
Page 3
Grace A. Savage
Joan L. Savage
5953 320 Road
Rifle, CO 81650
Grant A. and Harriet P. Knight
1845 County Road 309
Parachute, CO 81635
Donald Alvis Hulse
Leland Hulse, Allison Estate
Jean Bernice Johnson
130 Manhattan Dr.
Boulder, CO 80303
(mineral owners)
Barrett Resources Corp.
1125 17th Street, Suite 2400
Denver, CO 80202-2044
Cecil Gardner
P.O. Box 425
Parachute, CO 81635
S' cerely
S
Jack T. 'a s J an
Billie G. Burchfield -Evans
• •
WARRANTY DEED
THIS DEED, made this vhf.pi4/ /4°,7')-5 A(7247
—day of ale, 1970, between
Hugh Pfost and Jennie E. Pfost, Grantors, of the County of Adams
and State of Colorado, and Leonard Pfost of the City of Sterling,
County of Loudoun, State of Virginia, as Trustee. Grantors irre-
vocably give and convey to the Trustee, his successors, and the
beneficiaries under the Trust Agreement of llugh Pfost and Jennie E.
ust
Pfost dated ,16.4ie 22, 1970, all the following described parcels of
land, situate, lying and being in the County of Garfield and State
of Colorado, as more fully described in the attached.
Together with all and singular the hereditaments and
appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues and profits thereof; and all the estate, right, title,
interest, claim and demand whatsoever of the said Grantors, either
law or equity, of, in and to the above conveyed premises, with
the hereditaments and appurtenances and water and mineral rights.
To have and to hold IN TRUST NEVERTHELESS, for the
fourteen grandchildren of the Grantors.
In witness whereof, the Grantors have set their hands
and seals this a --day of J.un.e , 1970.
3 STATE OF COLORADO
COUNTY OF ADAMS
ss.
/�—l►�
HUGH PF• 4'
IE E. PFO
ST
ST,
The foregoin instrument was acknowledged before me this
2 Z dayof �e�S
d., A.D. 1970, by Hugh Pfost and Jennie E. Pfost.
My commission expires
MyCo,mmissicn cV,;r_s r).c. 1, , ;'J3
Witness my hand and official seal.
Notary Public
Book 352
Page 526
•
•
Tracts 5, 6, 7, 11, 12, 23, 24, 25, 55, and the East
3 acres of Tract 29, and those portions of Tracts 28
and 29 not previously conveyed by the Morrisania Fruit
and Land Company, all according to the recorded plat
of MORRISANIA RANCH, together with 124 shares of
the capital stock of the Morrisania Water Supply Company
and together with all other water and ditch rights belong-
ing with or appertaining to the above lands, or any part
thereof, together with the right to construct
cistern
in
the Southeast corner of Tract No. 27, and place pipe under-
ground to Tract No. 25, and the right of passage to said
cistern at any time and all times.
All of the Northwest Quarter of the Northwest thNorthwuarter and
est Quarter
that part of the Southwest Quarter of the
described as follows: Beginning at a point 687 feet West
of its Northeast corner; thence South 217 feet; thence South-
easterly 363 feet to a point 419 feet West of the East line
of said Southwest Quarter of the Northwest Quarter and
456 feet South of the North line f saiouthviest Easa S69 feet toQauarter
point
of the Northwest Quarter; thence
on the West line of the Willard Eames land 250 feet West
of the East line of said Southwest Quarter of the Northwest .
Quarter; thence North to the North line of said Southwest
Quarter of the Northwest Quarter; thence West to the point
of beginning, said part containing about 3 3/4 acres, all
in Section 10, Township 7 South, Range 95 West of the Sixth
Principal Meridian.
The Northeast Quarter of the Southeast Quarter of Section
4, Township 7 South, Range 95 West of the Sixth Principal
Meridian.
The West I-Ialf of the Northwest Quarter of the Southwest
Quarter of Section 3, Township 7 South, Range 95 West of
the Sixth Principal Meridian, EXCEPT about 9 acres con-
veyed to Willard Eames by deed dated September 6, 1941,
and described as beginning at the Southwest corner of the
East Half of the Northwest Quarter of the Southwest Quarter
of said Section 3; thence a little West of North to a point
in the bottom of the gabout 25 75 feet South ofttheest of a North linege of theing,
which is located about
Southwest Quarter of said Section 3; thence due North to the
North line of said Southwest Quarter; thence East to the
Northwest corner of said East Half of the Northwest Quarter
of the Southwest Quarter; thence South to the point of beginning,
together with the right to have the overflow and drainage
from said spring follow its present natural course down said
gulch, as was reserved by said deed to Willard Eames, to-
gether with all water and ditch rights belonging with or
appertaining to all of the above said lands, or any part thereof.
This description is attached to and forms a part of the Warranty Deed
from Hugh Pfost and Jennie E. Pfost., Grantors, to Leonard Pfost,
Tr„ctee dated 2? Jure , 1970.
•
' Page 1 of One Page 410
SCHEDULE B
Beneficiaries
•
The Hugh Pfost and Jennie E. Pfost Trust has been
created for the benefit of the Grantors' fourteen grandchildren
listed below:
Susan Joyce (Pfost) Kravig,
Norman Wesley Pfost, Box 77, Karval, Colorado 80823
Jerry Richard Pfost, Box 77, Karval, Colorado 80823
Thomas Dewey Pfost, Box 77, Karval, Colorado 80823
Jack Leonard Pfost, Box 77, Karval, Colorado 80823
Douglas Marc Pfost, Box 77, Karval, Colorado 80823
(The above six children are the children of Jean
Wesley Pfost, the deceased son of the Grantors.)
/
Cathy Ann Pfost, 2520 G3/8 Road, Route No. 5, Grand
Junction, Colorado 81501
Allen Lee Pfost, 2520 G3/8 Road, Route No. 5, Grand
Junction, Colorado 81501
(The above two children are the children of Glenn
Allen Pfost, son of the Grantors.)
Stephen Wayne Metcalf, 96 Everett Drive, Security,
Colorado 80911
Dwight Glenn Metcalf, 2552 West Cheery Lynn, Phoenix,
Arizona 85017
Ronald Gail Metcalf, 1580 South Kirkwood Road,
Westward Motel, St. Louis, Missouri 63127
Rebecca Louise (Metcalf) Emerick, 198 Shore Road,
Old Greenwich, Connecticut 06870
(The above four children are the children of Eileen
Adelaide (Pfost) Metcalf, daughter of the Grantors.)
Laura Ellen Pfost, 701 South Birch Street, Sterling,
Virginia 22170
Martin Leonard Pfost, 701 South Birch Street, Sterling,
Virginia 22170
(The above two children are the children of Leonard
Pfost, son of the Grantors.)
.k `
t
AFFIDAVIT
410 (For Property of Trust)
S IA1E OF COLORADO
COUNTY OF
Gl9nn Allen Pfost
upon oath depose(s) and say53'
•
, of lawful age, being first duly sworn,
1. Affiant(s) is/are (one of the) trustees of the hereinafter named
trust and as such has/have authority to execute and to record this affidavit.
2. "._Hugh Pfost and Jennie E. Pfost Estate Trust
is the name of a Trust—WFTT—TITTacquire, convey, encumber, cease, aniTotherwise
deal with interests in real property in said name.
3. The names and addresses of all the trustees who are represented
by such name are;
NAME
ADDRESS
__a?nn_Allen Pfot _ 2520 G 3/8 Road, Grand Junction
Colorado 81506
4. Any one Ommllowttrfiactxxeaa0 of the above-named trustees or any of
the following other persons or entities may convey, encumber, lease or otherwise
deal with any interest in property acquired or held in the name of said trust:
None
5. This affidavit is executed and recorded pursuant to the,�r,o,Os.ignS.
of Title 38, Article �U, Section 165 of Colorado. vised Statutes;':1983;ya's‘:amerided.
l Pnn «.Pi�
199$ ,hy
Cant s
ed and sworn to bef re me this(o _ day of
My commission expires:
(.•
WITNESS MY HAND AND OFFICIAL SEAL
4ice, -
Not. y Pub lc
483717 B-954 P-465 09/ 5 04:08P PG 1 OF 2
MILDRED ALSDORF GARFI COUNTY CLERK AND RECORDER
DOC NOT
7.00
THIS DEED , Made this day of Septesiber 28, 1995
between
HUGH PFOAT AND JEN IIE E. PPC)9r ESTATE TRUST
of the
County of and State of
Colorado, of the first part, and
JACK T. EVANS, JR. AND BILLIE G. EVANS
FILING STAMP
whose legal address is 48 MURBEEM3 8'1718 Es.IVE
PARACHI1rE, CX) 81635
of the County of C3ARFIEIAD and State of Colorado, of the second part:
WITNESSETH, That the said party of the first part, for and in consideration of the sum of (****$70,000.00 )
SEVENTY THOUSAND DOLLARS AND 00/100THS
and other good and valuable consideration to the said party of the first part in hand paid by the said parties of the
second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by
these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and
assigns forever, not in tenancy in common but in joint tenanc all the following described lot or parcel of land,
lying and being in the County of GARFIELD and State of Colorado, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF:
also known as street number VACANT' LAND
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title
interest, claim and demand whatsoever of the said party 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 described, with the appurtenances, unto the said parties of
the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors,
and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs
and assigns, that at the time of the ensealing and delivery of these presents. he is well seized of the premises above
conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good
right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and
that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
encumbrances of whatever kind or nature soever-
EOM GENERAL TAXES AND ASSESSICI T`8 FCR THE YEAR 1995 AND SUBSDQLJEiIT YEARS AND
SUBJECT TO FASEKEWS, RESERVATIC,Is
, RESTRICI'IC, COV NANI'S AND Carrs OF WAY OF
REC CRD, IF ANY;
and the aboved bargained premises in the quiet and peaceable possession of said parties of the second part, the survivor of
them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming
or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. 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 said party of the first part has hereunto set his hand and seal the day and year first above
written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO
County of
C;%RFIELDI ss.
(SEAL)
-HUGHi PF'OBT AND JENNIE E. PFOS<r ESTATE TRUST
2
•': /I5.`` 111§1W •'a': 1'Ut:
The foregoing instrument was acknowledged before me this day of86Qtb4ur 28, 1995
by camag Pamamg PFOBT, TRUSTEE FQ2 HUGH PFO8T AND JENNIE E. PFT ESTATE TRUST
My commission expires / Z 73/76
,•Witness hand and offi ial seal.
L1
(SEAL)
Notary P
Form WDJT WARRANTY DEED - To Joint Tenants
GW 220178.220178 GW220178
JACK T. EVANS, JR AND
BILLIE G. BURCHFIELD-EVANS
48 MORNING STAR DRIVE
,PARACHUTE, CO 81635
p717 B-954 P-466 09/29/95 04:08P PG 2 OF 2
• •
EXHIBIT A
ALL OF THE NW1/4 OF THE NW1/4 OF SECTION 10 AND A PORTION OF
THE SW1/4 OF THE NW1/4 OF SECTION 10, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS CAP MONUMENT FOUND AND PROPERLY MARKED
FOR THE SECTION CORNER OF SECTIONS 3, 4, 9 AND 10;
THENCE 1316.52 FEET BEARING S. 89 DEGREES 19' 35" E. TO A
BROKEN, CHISELED LAVA STONE WITH A SCRIBED "X" ON THE NORTH
SIDE AND "1/16" SCRIBED ON THE SOUTH SIDE, AS DEPICTED ON THE
MORRISANIA MESA MAP AND ACCEPTED AS THE NE CORNER OF THE
NW1/4 OF THE NW1/4 OF SECTION 10;
THENCE 1320.42 FEET BEARING S. 00 DEGREES 02' 30" W. TO THE
SOUTHEAST CORNER OF THE NW1/4 OF THE NW1/4 OF SECTION 10;
THENCE 250.00 FEET BEARING N. 89 DEGREES 26' 34" W. TO A
REBAR AND CAP L.S. 5933;
THENCE 456.00 FEET BEARING S. 00 DEGREES 02' 30" W. TO A
REBAR AND CAP L.S. 5933;
THENCE 169.00 FEET BEARING N. 89 DEGREES 26' 34" W. TO A
REBAR AND CAP L.S. 5933;
THENCE 360.71 FEET BEARING N. 47 DEGREES 56' 42" W. TO A
REBAR AND CAP L.S. 5933;
THENCE 217.00 FEET BEARING N. 00 DEGREES 02' 30" E. TO A
REBAR AND CAP L.S. 5933;
THENCE 631.76 FEET BEARING N. 89 DEGREES 26' 34" W. TO A
BRASS CAP FOUND WITH NO INSCRIPTION --ASSUMED TO BE THE SW
CORNER OF THE NW1/4 OF THE NW1/4 OF SECTION 10;
THENCE 1323.07 FEET BEARING N. 00 DEGREES 08' 23" E. TO THE
POINT OF BEGINNING, ALL IN SECTION 10, TOWNSHIP 7 SOUTH,
RANGE 95 WEST OF THE SIXTH PRINCIPAL MERIDIAN.
TOGETHER WITH:
THE NE1/4 OF THE SE1/4 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE
95 WEST OF THE SIXTH PRINCIPAL MERIDIAN.
ALSO TOGETHER WITH:
THE WEST HALF OF THE NW1/4 OF THE SW1/4 OF SECTION 3,
TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, EXCEPT 9 ACRES, MORE OR LESS, CONVEYED TO WILLARD
EAMES BY DEED DATED SEPTEMBER 6, 1941, (SHERIFF'S DEED FILED
FOR RECORD SEPTEMBER 6, 1963 IN BOOK 352 AT PAGE 524 AS
RECEPTION NO. 222695) AND SAID PROPERTY MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS CAP MONUMENT FOUND AND PROPERLY MARKED
FOR THE SECTION CORNER OF SECTIONS 3, 4, 9 AND 10;
THENCE 1279.77 FEET BEARING N. 00 DEGREES 13' 33" W. TO A
BRASS CAP MONUMENT FOUND AND PROPERLY MARKED AS THE SW CORNER
OF THE NW1/4 OF THE SW1/4 OF SECTION 3, BEING THE POINT OF
BEGINNING;
THENCE 1280.84 FEET BEARING N. 89 DEGREES 25' 16" W. TO THE
SW CORNER OF THE NE1/4 OF THE SE1/4 OF SECTION 4;
THENCE 1292.10 FEET BEARING N. 00 DEGREES 11' 05" W. TO THE
NW CORNER OF THE NE1/4 OF THE SE1/4 OF SECTION 4;
THENCE 1290.37 FEET BEARING S. 88 DEGREES 53' 12" E. TO A
BRASS CAP MONUMENT FOUND AND PROPERLY MARKED AS THE NW CORNER
OF THE NW1/4 OF THE SW1/4 OF SECTION 3;
THENCE 76.46 FEET BEARING S. 88 DEGREES 53' 12" E. TO A
REBAR AND CAP L.S. 5933;
THENCE DUE SOUTH 75.00 FEET;
THENCE 1338.98 FEET BEARING S. 25 DEGREES 20' 47" E. ALONG
THE WESTERLY LINE OF SAID 9 ACRES CONVEYED TO WILLARD EAMES
TO A REBAR AND CAP L.S. 5933;
THENCE 658.25 FEET BEARING N. 89 DEGREES 25' 16" W. TO THE
POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO =__
WRJ-5-Rev. 76
Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
COLDO DIVISION OF WATER RESOUR
818 Cent CentliWial Bldg., 1313 Sherman St., Denver, Colorado 203
PERMIT APPLICATION FORM
( ) A PERMIT TO USE GROUND WATER
( X) A PERMIT TO CONSTRUCT A WELL
FOR: ( ) A PERMIT TO INSTALL A PUMP
( ► REPLACEMENT FOR NO
( ) OTHER
WATER COURT CASE NO
(1) APPLICANT - mailing address
NAME Jack T. Evans Jr.
STREET 48 Morning Star Dr.
CITY Parachute, CO 81635
(State) (Zip)
TELEPHONE NO (970) 285-9104 or 945-8818
(2) LOCATION OF PROPOSED WELL
County Garfield
NE % of the SE %, Section 4
Twp. _S, Rng 95 101_, 6th P.M.
lN,S) (E,W)
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) 15
Average annual amount of ground water 1
to be appropriated (acre-feet)•
Number of acres to be irrigated:
Proposed total depth (feet): 120-150
Aquifer ground water is to be obtained from:
Alluvium Tributary to Colorado River
Owner's well designation Evans—Rill We 11
GROUND WATER TO BE USED FOR:
( ► HOUSEHOLD USE ONLY - no irrigation (0)
( X) DOMESTIC (1) ( ) INDUSTRIAL (5)
( ) LIVESTOCK (2) ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
( X) OTHER (9) Exempt 37-92-602 (1) (b) CRS
DETAIL THE USE ON BACK IN (11)
1
(4) DRILLER
Name Licensed
Street
City
(State) (Zip)
Telephone No. Lic No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No
Basin Dist.
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause
no material injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
(STATE ENGINEER)
BY
ID COUNTY
• 01§, 011/#11V
./tt-tarne,e y at
Co€iraak-AZI.Ithrea/ qia r/L Ott i:t
6'02 &ra/uz! , oeruie, (Lite 805
Auaood y.s,, 66¢ 6't601
746/10s,r.• (97O} y46-dW>d'
November 29, 1995
Garfield County Planning Department
109 8th Street
Glenwood Springs, CO 81601
RE: Petition for Exemption
070,946"-c1967
To whom it may concern:
Enclosed please find a Petition for Subdivision Exemption
for a parcel of property owned by Jack T. Evans Jr. and Billie
G. Burchfield -Evans, to be subdivided into three parcels, one
being 10.3 acres and two being approximately 20 acres each. Mr.
& Mrs. Evans intend to sell the entire parcel to one purchaser,
subject to obtaining an exemption from subdivision for the
purchaser to transfer a parcel to their general contractor in
exchange for the construction of a single family homesite on the
remaining two parcels. However, in light of the fact a
subdivision exemption is only granted once, the Evans and
purchaser would like the 48.25 acres subdivided, in the.event
they wish to sell one of the remaining parcels, or both, in the
future.
Also enclosed you will find the items listed as the
submittal requirements on the Petition.
In accordance with item F, it is the Evans' intent to use
a septic system as a method for sewage disposal.
The deed received by the Evans contains a legal description
which was prepared by a Surveyor to more adequately depict the
metes and bounds of the property. There has been no change to
the property from the pre -1973 legal description. It is as it
existed on January 1, 1973. The deed attached hereto from 1970
contains other parcels which are not contiguous to each other or
this parcel and therefore, riot one of more than three parcels
created from a larger parcel. Hence, it is my opinion this
property meets the requirements for subdivision exemption.
All Garfield County zoning requirements will be met.
Each lot will have legal access to County Road 301 as
depicted on the attached easement agreement and surveyed map of
• •
Garfield County Planing Department
November 29, 1995
Page 2
the easement.
Well permit application has been made pursuant to C.R.S.
37-96-602(1)(b) to service up to three households, one acre of
lawn and garden, livestock and fire protection. A Well use
agreement and pipeline easement will be provided for each parcel
and a septic system shall be the method for sewage disposal.
Upon final approval of the exemption, the Colorado Division of
Water Resources State Engineer will exchange said well permit
for three in house use only permits, and, it is the intent of
the Evans and purchaser to thereby provide an independent well
for each parcel.
All state and local environmental health and safety
requirements have been or will be met.
Road or storm drainage improvements are not necessary as
adequate improvements are already in place.
Fire protection has been discussed with Ed Baker of the
Grand Valley Fire Protection District. He expressed the
District's concerns regarding a fire break, access to the
property, nearest hydrant location and a source of water for use
by the District in the event of a fire. The Evans have
addressed these issues on the property and approval for fire
protection has been requested.
Taxes have been paid. There are no special assessments and
the School Impact fee shall be paid as required.
The property owners of record of land immediately adjoining
and within 200 feet of the proposed exemption, mineral owners
and lessees of mineral owners of record of the property to be
exempted, and tenants are as follows:
Jack T. Evans, Jr.
48 Morning Star Drive
Parachute, CO 81635
Leslie R. and Olive Libby, Trustees
Jewell P. Family Trust
5082 Live Oak Blvd.
Live Oak, CA 95953-9790
Gaylord J. and Phyllis L. Henry
P.O. Box 1062
Rifle, CO 81650
• •
Garfield County Planing Department
November 29, 1995
Page 3
Grace A. Savage
Joan L. Savage
5953 320 Road
Rifle, CO 81650
Grant A. and Harriet P. Knight
1845 County Road 309
Parachute, CO 81635
Donald Alvis Hulse
Leland Hulse, Allison Estate
Jean Bernice Johnson
130 Manhattan Dr.
Boulder, CO 80303
(mineral owners)
Barrett Resources Corp.
1125 17th Street, Suite 2400
Denver, CO 80202-2044
Cecil Gardner
P.O. Box 425
Parachute, CO 81635
S' cerely
•
Jac T. Evac an
Billie G. Burchfield -Evans
ember 1, 1995
• •
GARFIELD COUNTY
Building and Planning
Jack T. Evans, Jr & Billie Burchfield -Evans
48 Morning Star Drive
Parachute, CO 81635
Dear Jack & Billie -
Your application for a Subdivision Exemption has been scheduled for a public meeting before the
Board of County Commissioners on January 2, 1996 at 1:00 p.m., in the Commissioners' Meeting
Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO 81601. It
is suggested that you be present at the time of the meeting.
Copies of the enclosed exemption public notice form need to be mailed by certified return -receipt to
all property owners adjacent to or within 200 ft. of your property at least 15 days, but not more than
30 days, prior to the meeting. In addition, the notice needs to be mailed by certified return -receipt
to owners of mineral rights, or lessees of mineral owners of record of the land proposed for
exemption, at least 15 days, but not more than 30 days, prior to the meeting. The certificates of
mailing and return -receipts from these mailings need to be presented at the time of the meeting or
submitted to the Planning Department prior to the meeting. The exemption site must also be posted
with the enclosed Notice poster, visible from a County Road, at least 15 days, but not more than 30
days, prior to the meeting. Please note, the day of publication of the notice and the day of the
meeting do not count as days of notice. Additionally, please examine all enclosures to verify their
accuracy.
If you have further questions or concerns regarding the meeting or public notice requirements, please
contact this office.
Sincer,
Efic D. McCaffert
Planner, C
EDM/edm
Enclosures
109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601
•
GARFIELD COUNTY
Building and Planning
January 3, 1996
Ms Billie Burchfield -Evans
Attorney -At -Law
802 Grand Avenue, Suite 305
Glenwood Springs, CO 81601
RE: Burchfield -Evans Subdivision Exemption
Dear Billie -
On Tuesday, January 2, 1996, the Garfield County Board of County Commissioners conditionally
approved your petition for an exemption from the definition of subdivision. The approval is subject
to the following conditions:
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 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. Extensions of up to one (1) year, from the date
of original approval, may be granted by the Board.
4. That the applicant shall submit $200.00, per lot, in School Impact Fees for the creation of
all exemption parcels.
That, if the lots are to have individual wells, the applicant receive an approved well permit
from the State Engineer's Office for each lot to be created prior to the signing of an
exemption plat or, if the water supply is to be shared, then the applicant shall receive an
approved, domestic well permit from the State Engineer's Office and shall draft a legal water
sharing agreement. Additionally, if the shared well is used, the exemption plat shall legally
describe a 20 foot radial access/repair/maintenance easement around the well and a 10 foot
centerline easement for he water supply line.
That, if the water supply is to be shared, the applicant shall demonstrate that an adequate
supply in terms of quantity, quality and dependability exists for the lots to be created. This
shall be accomplished, at the expense of the applicant, by the submittal of an opinion by the
licensed well driller who completed and tested the well or by a review of the physical
information concerning the well by a competent hydrologist. This information will be
submitted to the Planning Department prior to the approval of an exemption plat.; Criteria for
demonstrating the quality, quantity and dependability of a well or a shared well system:
109 8th Street, Suite 303
945-8212/285-7972 Glenwood Springs, Colorado 81601
• •
a) A well be drilled and a 24 hour pump test shall be performed;
b) The applicant supply, to the Planning Department, the well completion report
demonstrating the depth of the well, the characteristics of the aquifer and the static
water level,
c) The results of the 24 hour pump test indicating the pumping rate in gallons per minute
and information showing drawdown and recharge shall be submitted to the Planning
Department;
d) A written opinion of the person conducting the well test that this well would be
adequate to supply water to the number of proposed lots and be submitted to the
Planning Department;
e) An assumption of an average of no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day;
If the well is to be shared, the provision for individual water storage tanks of no less
than 1000 gallons for each proposed lot (required at time of building permit
application);
g) A discussion of the mechanical components of the shared well system to include the
pump, water supply line, storage tank and other components (for shared well
systems);
h) A legal, well sharing agreement which discusses all easements and costs associated
with the operation and maintenance of the system and who will be responsible for
paying these costs and how assessments will be made (for shared well systems);
i) The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria and nitrates.
That the following plat notes be included:
"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."
"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."
"This exemption was approved based on the use of a central well and shared water
system. There is no assumption that a household use only well will be a dependable
water supply. Any purchaser of a parcel of land that was created by this exemption
reserves the right to use the proposed central water supply."
"The shared well system approved for this exemption requires a minimum 1000 gallon
water tank be installed at each lot. This shall be done at time of building permit
• •
application at the expense of the building permit applicant. If a central tank is to be
used, the sizing shall be a minimum of 1000 gallons per lot created and served by the
central water system"
"The access easement located north of County Road 310 shall be maintained by the
owners of property accessed from said easement."
The control of noxious weeds shall be the responsibility of the Landowner.
That the applicant shall receive written approval by the Grand Valley Fire Protection District
and shall adhere to the recommendations made by said district.
10. The applicant shall receive any necessary driveway permits from the County Road and Bridge
Department, prior to signing of an exemption plat.
I . If/When a transportation impact fee is adopted by the Board of County Commissioners, all
lots created will be subject to paying the fee, which will be paid at time of building permit
application and paid by the building permit applicant. If a building permit is issued prior to
the adoption of a transportation impact fee, the applicant will not be required to pay the fee.
12. Submittal of a recorded easement for the easement providing access to the lots created by this
exemption.
These conditions must be satisfied prior to a the signing of an exemption plat. If you have any
questions regarding these conditions of approval or if you need additional time to satisfy these
conditions, please do not hesitate to contact this office.
Sincerely,
Eric D. McCafferty
Planner
• •
Criteria for demonstrating the quality, quantity and dependability of a well or a shared well system:
1) A well be drilled and a 24 hour pump test shall be performed;
2) The applicant supply, to the Planning Department, the well completion report demonstrating
the depth of the well, the characteristics of the aquifer and the static water level;
3) The results of the 24 hour pump test indicating the pumping rate in gallons per minute and
information showing drawdown and recharge shall be submitted to the Planning Department;
4) A written opinion of the person conducting the well test that this well would be adequate to
supply water to the number of proposed lots and be submitted to the Planning Department;
5) An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons
of water per person, per day;
6) If the well is to be shared, the provision for individual water storage tanks of no less than
1000 gallons for each proposed lot (required at time of building permit application);
7) A discussion of the mechanical components of the shared well system to include the pump,
water supply line, storage tank and other components (for shared well systems);
8) A legal, well sharing agreement which discusses all easements and costs associated with the
operation and maintenance of the system and who will be responsible for paying these costs
and how assessments will be made (for shared well systems);
9) The water quality be tested by an approved testing laboratory and meet State guidelines
concerning bacteria and nitrates.
This criteria shall be part of a conditional approval and the additional information, discussed above,
shall be presented to the Planning Department prior to the signing of an exemption plat.
Plat notes: (for shared well systems)
"This exemption was approved based on the use of a central well and shared water system. There
is no assumption that a household use only well will be a dependable water supply. Any purchaser
of a parcel of land that was created by this exemption reserves the right to use the proposed central
water supply."
"The shared well system approved for this exemption requires a minimum 1000 gallon water tank be
installed at each lot. This shall be done at time of building permit application at the expense of the
building permit applicant." A GE -,Pt 91- T Nle is 1-0 �� 13� U s 60 , 'Ft) c S� 7,1 IJ
S1I4,, jet f1 M�nlll'�'1L1ni\ be )06GAt&ows `✓L LVK GQCA1(9
District:
Road:
Permit #:
III
301
049-95 D
GARFIELD COUNTY
APPLICATION F O R DRIVEWAY PERMIT
Application Date 10-18-1995
I, EVANS, JACK (herein called "Applicant"), hereby requests
permission and authority from the Board of County Commissioners to construct
driveway approach(es) on the right-of-way of Garfield County Road Number 301
adjacent to Applicants property located on the NORTH side of the road, a
distance of .5 MI mile(s) from FROM INT OF CO RD 310 for the purpose of
obtaining access to PRIVATE RESIDENCE
Applicant submits herewith for the consideration and approval
of the Board of County Commissioners, a sketch of the proposed instal-
lation showing all necessary specification detail including (1) front-
age of lot along road, (2) distance from centerline of road to
property line, (3) number of driveways requested, (4) width of pro-
posed driveway(s) and angle.of approach, (5) distance from driveway
to road intersection, if any, (6) size and shape of area separating
driveways if more than one approach, and (7) setback distance of
building(s) and other structures or improvements.
GENERAL PROVISIONS
a
FIRST: The Applicant represents all parties in interest, and affirms
that the driveway approach(es) is to be constructed by him for the
bona fide purpose of securing access to his property and not for the
purpose of doing business or servicing vehicles on the road right-of-way.
SECOND: The Applicant shall furnish all labor and materials, perform
all work, and pay all costs in connection with. the construction of the
driveway(s) and its appurtenances on the right-of-way. All work shall
be completed within 30 days of the Permit date.
THIRD: The type of construction shall be as designated and/or approved
by the Board of County Commissioners or their representative, and all
materials used shall be of satisfactory quality and subject to inspec-
tion and approval of the Board of County Commissioners or their
representative.
FOURTH: The traveling public shall be protected during the instal-
lation with proper warning signs and signals and the Board of County
Commissioners and their duly appointed agents and employees shall be
held harmless against any action for personal injury or property
damage sustained by reason of the exercise of the Permit.
FIFTH: The Applicant shall assume responsibility for the removal or
clearance of snow, ice or sleet upon any portion of the driveway ap-
proach(es) even though deposited on the driveway(s) in the course of
the County snow removal operations.
SIXTH: In the event it becomes necessary to remove any right-of-way
fence, the posts on either side of the entrance shall be securely
braced before the fence is cut to prevent any slacking of the remain-
ing fence, and all posts and wire removed shall be turned over to the
District Road Supervisor of the Board of County Commissioners.
SEVENTH: No revisions or additions shall be made to the driveway(s)
or its appurtenances on the right-of-way without the written permis-
sion of the Board of County Commissioners.
EIGHTH: Provisions and specifications outlined herein shall apply on
all roads under the jurisdiction of the Board of County Commissioners
of Garfield County, Colorado, and the Specifications, set forth on the
attached hereof and incorporated herein as conditions hereof.
SPECIAL CONDITIONS
MUST GRAVEL AT LEAST 100 FT FROM COUNTY ROAD
RESPONSIBLE FOR TWO YEARS FROM DATE OF COMPLETION
NOTIFY RON WEST UPON COMPLETION OF DRIVEWAY
In signing this application and upon receiving authorization and
permission to install the driveway approach(es) described herein the
Applicant signifies that he has read, understands and accepts the
foregoing provisions and conditions and agrees to construct the drive-
way(s) in accordance with the accompanying specification plan reviewed
and approved by the Board of County Commissioners.
Witness: Signed:!%2Li
(S
PERMIT GRANTED THIS I r`"' DAY OF
ature of Applican
(Address)
(Telephone Number)
CA- 19 " ►5 , SUBJECT TO THE
PROVISIONS, SPECIFICATIONS, AND CONDITIONS STIPULATED HEREIN.
For Board of County Commissioners of Garfield County, Colorado
BY:
SPECIFICATIONS
1. A driveway approach is understood to be that portion of the high-
way right-of-way between the pavement edge and the property line which
is designed and used for the interchange of traffic between the road-
way pavement and the abutting property.
2. At any intersection, a driveway shall be restricted for a suf-
ficient distance from the intersection to preserve the normal and safe
movement of traffic. (It is recommended for rural residence entrances
that a minimum intersection clearance of 50 feet be provided and for
rural commercial entrances a minimum of 100 feet be provided.)
3. All entrances and exits shall be so located and constructed that
vehicles approaching or using them will be able to obtain adequate
sight distance in both directions along the highway in order to maneuver
safely and without interfering with highway traffic.
4. The Applicant shall not be permitted to erect any sign or display
material, either fixed or movable, on or extending over any portion
of the highway right-of-way.
5. Generally, no more than one approach shall be allowed any parcel
or property the frontage of which is less than one hundred (100) feet.
Additional entrances or exits for parcels or property having a frontage
in excess of one hundred (100) feet shall be permitted only after
showing of actual convenience and necessity.
6. All driveways shall be so located that the flared portion adjacent
to the traveled way will not encroach upon adjoining property.
7. No commercial driveway shall have a width greater than thirty (30)
feet measured at right angles to the centerline of the driveway, except
as increased by permissible radii. No noncommercial driveway shall
have a width greater than twenty (20) feet measured at right angles to
the centerline of the driveway, except as increased by permissible radii.
8. The axis of an approach to the road may be at a right angle to the
centerline of the highway and of any angle between ninety (90)'degrees
and sixty (60) degrees but shall not be less than sixty (60) degrees.
Adjustment will be made according to the type of traffic to be served
and other physical conditions.
9. The constructionof parking or servicing areas on the highway
right-of-way is specifically prohibited. Off -the -road parking facil-
ities should be provided by commercial establishments for customers"
vehicles.
10. The grade of entrance and exit shall slope downward and away from
the road surface at the same rate as the normal shoulder slope and for
a distance equal to the width of the shoulder but in no case less than
twenty (20) feet from the pavement edge. Approach grades are restricted
to not more than 10 percent (107,).
11. All driveways and approaches shall be so constructed that they
shall not interfere with the drainage system of the street or highway.
The Applicant will be required to provide, at his own expense, drain-
age structures at entrances and exits which will become an integral
part of the existing drainage system. The dimensions of all drainage
structures must be approved by the Board of County Commissioners or
their representative prior to installation.
NOTE: This permit shall be made available at the site where and when work is
being done. A work sketch or drawing of the proposed driveway(s) must accompany
application. No permit will be issued without drawing, blueprint, or sketch.
<+> GARFIELD COUNTY ROAD & BRIDGE DEPARTMENT <+>
SPECIAL PROVISIONS FOR EXCAVATION OF ROAD SURFACE AND INSTALLATION
PERMIT 11: 049-95 D PERMITTEE: EVANS, JACK
INSPECTOR: SUB -CONTRACTOR:
1) ANY OVERSIZED MATERIAL (LARGER THAN 10 INCHES IN DIAMETER), THAT
IS NOT UTILIZED IN BACKFILL WILL BE HAULED OFF BY PERMITTEE. FURTHER,
ANY FROZEN MATERIAL WILL BE REMOVED FROM SITE BY PERMITTEE.
2) WHEN A PAVED OR CHIPPED SURFACE IS CUT, IT IS TO BE REPLACED WITH
A MINIMUM TWO INCH (2") HOTMIX ASPHALT PATCH. A TEMPORARY PATCH WITH
COLD MIX ASPHALT WOULD BE ALLOWED, WHICH WOULD BE REPLACED WITH HOTMIX
ASPHALT WHEN THE WEATHER OR AVAILABILITY OF MATERIALS ALLOWS THE WORK
TO BE COMPLETED. AN ASPHALT OR CHIPPED SURFACE CUT WOULD REQUIRE THE
ROAD TO BE STRAIGHT CUT AND SQUARED BY MEANS OF A PAVEMENT CUTTER OR
SAW. A CHIPPED SURFACE CUT WILL REQUIRE A SEAL CUT OF THE PATCH WHICH
WILL BE FULL WIDTH OR HALF WIDTH OF ROADWAY OVERLAPPING EDGES BY TWO
FOOT MINIMUM WHICHEVER IS REQUIRED TO INSURE AN ADEQUATE SEAL OVER THE
UNDISTURBED PORTION OF THE ROADWAY IN THE VICINITY OF THE EXCAVATION.
ASPHALT HOTMIX OR COLD PATCHES WILL BE COMPLETED IN A MAXIMUM OF FIVE
WORKING DAYS, WEATHER PERMITTING.
WHEN POSSIBLE ALL INSTALLATIONS SHOULD AVOID THE TOP EDGE OF A FILL SLOPE.
4) INSTALLATIONS IN DRAINAGES SUBJECT TO FLASH FLOODING, WILL HAVE A MINIMUM
BURY OF 4 FEET DEEPER THAN NORMAL FLOW LINE AT NEAREST ABUTMENT OR WING
WALL.
5) INSTALLATIONS AT CULVERT CROSSINGS WILL BE BURIED BENEATH THE CULVERT
WITH A MINIMUM SEPARATION OF 18 INCHES BETWEEN INSTALLATION AND THE
BOTTOM OF THE CULVERT.
6) OPEN TRENCHES ADJACENT TO THE TRAVELED ROADWAY SHALL BE BACKFILLED
DAILY TO WITHIN 100 OF THE WORKING AREA OF THE. TRENCH, AND SHALL BE
BARRICADED WITH WARNING DEVICES AFTER DARK.
7) IN AREAS BEING DISTURBED WHERE VEGETATION IS ESTABLISHED, RESEEDING WITH
A GRASS AND CLOVER MIXTURE EITHER BY BROADCASTING OR DRILLING, WITH SEED
MIXTURES SUITABLE TO THE CLIMATIC CONDITIONS OR EXISTING VEGETATION WILL
BE PERFORMED. USE ONLY CERTIFIED WEED -FREE SEED. NOXIOUS WEED CONTROL
WILL BE ONGOING ALONG WITH REVEGETATION.
8) THE PERMITTEE SHOULD CHECK THE R -O -W OF SURROUNDING LANDOWNERS
IF OTHER •ERMITS ARE REQUIRED, I.E., BLM, FOREST SERVICE.
FOR GARFI LD COUNTY
BY / VANS, JACK
(PERMITTEE)
G ND VALLEY
FIRE PR CTION DISTRICT
P. 0. Box 295
Parachute, Colorado 81635
(303) 285-7630
December 28, 1995
Garfield County Planning Department
109 8th Street, Suite 300
Glenwood Springs, CO 81601
RE: The Jack Evans Exemption
To Whom It May Concern:
•
Per a request of Debby Sanderson of the Law Office of Walter Brown, the
Grand Valley Fire Protection District has reviewed the Jack Evans Exemption.
It is our understanding two parcels of land will be subdivided. Approximately
52 acres will be subdivided into four lots and 43 3/4 acres into three lots.
The Grand Valley Fire Protection District requests that all structures be
separated from native trees (pinyon/juniper) by a distance of four times the
height of the surrounding native trees or 100 feet. Also a source of water
for fire trucks (to pump from) is helpful. We understand a pond is planned
on proposed subdivision. Access to all structures should be sufficient for
a 45 foot truck to turn around.
If there are any questions please contact me.
Sincerely,
Ed Baker
Asst. Fire Chief
cc: G. Mahaffey, Chief
Received from:
JOHN C fillPHART & CO.
GRAND JUNCTION LARATORIEs
•
435 NORTH AVENUE • PHONE 242-7618 • GRAND JUNCTION, COLORADO 81501
ANALYTICAL REPORT
Customer No. Laboratory No Sample
Date Received Date Reported
Received from:
JOHN C. PHART & CO.
GRAND JINTION RflORATORI[S
435 NORTH AVENUE
• PHONE 242-7618 • GRAND JUNCTION, COLORADO 81501
ANALYTICAL REPORT
Jack T. Evans, Jr,
FAX: 285-9104
48 Morningstar Dr,
Parachute, CO 8163
Customer No. Laboratory No Sample
Date Received Date Reported
I'i rt 1 '-' 4_I :_: -
•
•
f 0 9 4 5 6 1 59
i
P . 1
J & M PUMP COMPANY
0241 COUNTY ROAD 167
GLENW000 SPRINGS, CO 81601
(303) 945-6159
February 21 1996
Jack Evans
0048 Morning Star Dr.
Parachute Co 81635
Attn: Jack,
A four hour,graduated step,pump test was performed by J & M Pump Co.
on property located on Morrsana Mesa. The following results were obtained:
Well:
Water Level:
Sustained Yeild;
Graduated Yeild:
Drawdown:
Water Clarity:
Recovery:
Comments:
160'
87'
15 GPM
5-10--15 GPM
33'6"
Clear
90% (within 15 minutes)
rood Well
If you have any questions, please feel free to call, 945-6159.
Thank You.
J & M Pump Co.
'7%4149 /71441
Richard A Holub
Lic. No 1196
From: Wayn• Sh•Iton To: Jaok Evans
Dat.: 12/16186 Tim.: 14:06:01
Pap 1 of 1
WELL COMPLETION Aft . -TEST REPORT
STATE OF COLORADO, OFFICE OF STATE ENGINEER
o
GU �6 a'P�
..r:PFllrVal i,dv✓;iI-;I-n:,
1.
WELL PERMIT NUMBER MH -26743
-
OWNER'S NAME (S): Jack Evans
,.1ailingAddress : 40 Morning Star Dr.
City, St.,Zip : Parachute , Co . 81635
Phone : (970) 285-9104
w'ELL LOCATION AS DRILLED : n]'yy' 1/4 At/ 1/4 Sec . 10 Two. 78 Range g 5W
DISTANCE FROM SECTION LINES : Ft. From Sec. Line. And Ft. From Sec. Line. Or
SUBDIVISION : LOT : BLOCK: FILING (UNIT) :
STREET ADDRESS AT WELL LOCATION :
4.
GROUND SURFACE ELEVATION ft. DRILLING METHOD : Air Rotary
DATE COMPLETED : 10/17/95 TOTAL DEPTH : 150 ft. COMPLETED DEPTH : 150 ft.
5. GEOLOGIC LOG:
i.: Hi,Lt:w,N., 0,0
H<OMItt;
!uim
9.0
0.0
30
0100-130
Volcanic; Rocks, Clay
6.5
30
150
130-140
i;i,, -1
140-150
Wasatch Formation
7. PLAIN CAS I'AG
I
rr,r;rr,
7.0
Steel
0.240
0.0
30
5.5
PVC
.250
20
130
PERF. LASING : Screen Slot Size :
5.5
PVC
.250
130
140
WATER LOCATED : 130-140
FEk.IARKS
Hltyr 11
Material:
Size
Interval :
:1. 1 qac*,:.r 1 ala +, M4I,t
Type :
Depth
10. GROUTING RECORD :
M:d,,(i.J
.�rn
r,vrV.;Iv
Io,,,,,I
P;Fc.:rrflvr
cement
3 sks
6 g/sk
10-30
poured
11. DISINFECTION : Type 1-jT-j Amt. L. sed : 1 oz.
12'',,'JELL TEST DATA : [ ] Check Eco: If Test Data Is Submitted On Supplemental Form.
TESTING METHOD : Air Compressor
Static Level : 110 ft. DateiTirne Measured : 10/17/95 Production Rate : 10 gprn.
Pumping Level : Tot.a 1 ft. Date/Time Measured : 10/ 17/9 5 Test Length : 2 hrs.
Remarks :
....mmol: c a,IE,1 rnrnrnDeana ,
CONTRACTOR : Shelton Drilling Corp. Phone (970) 927.4182
Mailing Address : P.O. Box 1059 Basalt, Co. 81821 Lic. No. 1095
I' Jame / Title (Please Type or Print)
Wayne Shelton / President
Signature
Date
10/26/95
WELL COMPLETIO ND TEST REPORT EER
STATE OF COLORADO, OFFICE OF STATE EN
FOR OFFICE USE ONLY
OWNER'S NAME (S) :Jack Evans
Mailing Address .40 Moring Star Dr .
City, St., Zip : Parachute , Co . 81635
Phone : ( 970) 285-9104
Twp. 7 S Range 9 5W
1/4 NW 1/4 Sec . 10 p
ELL LOCATION AS DRILLED NW
DISTANCE FROM SECTION LINES Ft. From Sec. Line. Or
Ft. From Sec. Line. And
LOT BLOCK FILING (UNIT)
SUBDIVISION •
STREET ADDRESS AT WELL LOCATION
APPROVAL # GWS31.91-03
GROUND SURFACE ELEVATION
DATE COMPLETED : 01/26/96
5. GEOLOGIC LOG:
Depth
6. HOLE DLAM. (In)
FROM (ft)
Type of Material (Size, Color, and Type)
000-115
115-158
7. PLAIN CASING
OD (in)
From (ft)
To (ft)
WATER LOCATED : 115 — 158
REMARKS:
11. DISINFECTION : Type HTH Supplemental Form
12. WELL TEST DATA [ 1 Check Box If Test Data Is Submitted On Supp
TESTING METHOD :Air Corepressor production Rate 15 gpm.
Static Level : 8 5 ft. Date/Time Measured :01 / 2 6 / 9 6
Pumping Level . Total ft. DatefTime Measured :01/26/96 • Test Length . 2 hrs.
Remarks n h SeC degree a�
have read the statements made herein and know the corOns thereof, and vet they are true to my knoomd9e. (Pursuant to Section 24-4-104 (130) CRS Phone of Vet statements
`41825 perjury
0 punchebk as a class 1 r esdemeanor .
CONTRACTOR : Shelton Drilling Corp. Pic No. 70)
Mailing Address : P.O. Box 1059 Basalt, Co. 81821
8. Filter Pack
Material
Size
Interval •
9, Packer Placement
Type
Depth
Placement
poured
Amt. Used : 2
Name / Title (Please Type or Print)
Mayne Shelton 1 President
Date
02/01/96
FEB- 7-96 WEU 11:09 AM SHEL•DRILLING 00
FAX 110.
WELL COMPLETION AND TEST REPORT
STATE OF COLORADO, OFFICE OF STATE ENGINEER
WELL PERMIT NUMBER: A „2%3'N
OWNER'S NAME (S) :Jack Evans
Mailing Address : 4 0 Morning Star Dr .
City, St., Zip : Parachute , Co . 81635
Phone : ( 970) 285-9104
Twp. 7 S Range 9 5W
SW 114
ISTANCE FROM SECTION LINES NW 1/4 Sec . 10 Sec. Sine. Or
ELL LOCATION AS DRILLED Sec. Line, And Ft. From
• Ft. From FILING (UNIT)
LOT : BLOCK'.
.U6DIVISION
TREET ADDRESS AT WELL LOCATION
GROUND SURFACE ELEVATION ft.
DRILLING METHOD : Air Rot 3ry
TOTAL DEPTH : 157 ft. COMPLETED DEPTH : 157 ft.
DATE COMPLETED 01/30/96
6. HOLE DIAM. (in) FROM (ft) TO (ft)
2 6
5. GEOLOGIC LOG:
Type of Material (Size, Color. and Type) 9 .0 0 .0 2 6
6.5
Lati-d
FOR OFFICE USE ONLY
APPROVAL # GWS31.91-03
000-100
100-157
REMARKS:
11 DISINFECTION : Type HTH Supplemental Form.
12 WELL TEST DATA • [ ] Check Box if Test Data Is Submitted On Supp
i ESTING METHOD :Air Compressor production Rate 10 gpm
Static Level 95 ft. Date/Time Measured :01/30/96
Pumping Level : Tota 1 ft. DatelTime Measured 01 / 3 0 / 9 6 Test Length : 2 hrs.
7. PLAIN CASING
OD (in)
8. Filter Pack
Material :
Size
Interval .
10. GROUTING RECORD
Amount
From (ft)
9. Packer Placement
Type
Depth
Density
6 g/sk
To (ft)
poured
the
Remarks
1 have read the statements made herein end Know the contafs thereof, and that they aknow
edge true to my imoedge. (Pursuant to Section 24.4-104 (130) CRS, the maeng of ruse statements eonst�tutes perwrsecond deg ee and
y "
s punishable as a ass: l rrnsdemoanw-) (970)
CONTRACTOR : Shelton DuPhone 927-4182
Drilling Corp. No. 70)
Mailing Address : P.O. Box 1059 Basalt, Co. 81621
Name / Title (Please Type or Print)
Wayne Shelton l President
Date
02/01/96
Form No.
GWS -25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVIW OF WATER RESOURCES
818 Centennial Bldg., 1313 german St., Denver, Colorado 80203
(303) 866-3581
JACK T EVANS JR
48 MORNING STAR
PARACHUTE CO 81635-
(970)285-9104
PERMIT TO USE AN EXISTING WELL
•
LIC
WELL PERMIT NUMBER 191825
DIV. 5 CNTY. 23 WD 45 DES. BASIN MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1/4 NW 1/4 Section 10
Twp 7 S RANGE 95 W 6th P.M.
DISTANCES FROM SECTION LINES
566 Ft. from North Section Line
369 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless
approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump
Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 43.82 acres described as
that portion of the NW 1/4 of Sec. 10, Twp. 7 South, Rng. 95 West of the 6th P.M., Garfield County, being more
particularly described on the attached exhibit 'A'.
4) Approved for the use of an existing well, constructed as a monitoring and observation hole under file #MH -26743.
5) The use of ground water from this well is limited to ordinary household purposes inside three (3) single family
dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches, and the
irrigation of not over one (1) acre of home gardens and (awns.
The maximum pumping rate shall not exceed 15 GPM.
The return flow from the use c this well must be through an individual waste water disposal system of the
fain•erapanl tiVe type where the water is rutted to the same stream system in which the well is boated
This well shall be located not more than 200 feet from the location specified on this permit.
APPROVED
JD2
State Engineer
Receipt No. 0392838A
DATE ISSUED D E C 0 7 1995
0
Ice 11- 7-1s
'S COPY
By DEC 0 7 1997
EXPIRATION DATE
.T4j640-fie.. (7%946-6'6916'
altilz Ow#11116
Atty yzey y at _Sur
(olo zdo- ,l/atama/ O azua5
d902 ,/t oeeuze, jai& 306
&k.ru oo43 , 6 (9 616'01
March 26, 1996
Garfield County Planning
Att: Eric D. McCafferty
109 Eighth Street, Suite 303
Glenwood Springs, CO 81602
RE: Evans Subdivision Exemption
Dear Eric:
gwx. 970946-6'967
On January 2, 1996, the Garfield County Board of
Commissioners conditionally approved the Evans Subdivision
Exemption and the conditions of approval were set out in a
January 3, 1996, letter. The conditions have been met as
follows:
A) With regard to paragraph 1 of the January 3rd letter,
applicant agrees that all representations in the application
have been completed.
B) With regard to paragraphs 2 and 3, a final plat is
submitted herewith setting forth the items identified in
paragraph 2 within a 120 days, and a check for $40.00 is
enclosed for the fee for review of the plat.
C) With regard to paragraph 4, a check in the amount of
$600.00 is enclosed for the school impact fee on each of the 3
lots.
D) With regard to paragraph 5, an approved domestic
well permit and well sharing agreement are enclosed. The
final plat and Declaration contains the easement provisions
for a pipeline and radial access around the well.
E) With regard to paragraph 6; well completion reports
have been supplied to the Planning Department; a pump test has
been conducted and the report and opinion of J & M Pump is
enclosed herewith; and, well quality test reports from Grand
Junction Lab are enclosed showing compliance with State
guidelines concerning bacteria and nitrates.
1 •
March 26, 1996
Ltr. - McCafferty
Page Two
F) With regard to paragraph 7, the first, second and
fourth plat notes are contained on the plat. As previously
discussed with the County Attorney and yourself, the third
plat note would prevent my being able to obtain household
permits for each of the three lots since this requires that
applicant relinquish the domestic permit. We have drilled and
completed all three wells and have provided the well
completion reports for each well. All three wells are in the
same aquifer. Accordingly, by completion of the test wells,
as well as the domestic well, applicant has provided
information on which a determination that the household use
only wells will be a dependable and adequate water supply.
G) Applicant has received written approval from the
Grand Valley Fire Protection District pursuant to Paragraph 9
and the necessary driveway permit from the county Road and
Bridge Department pursuant to Paragraph 10.
H) Paragraph 8 is accepted and Paragraph 11 only
applies at time of building permit application.
Applicant has satisfied all condition of approval of the
subdivision exemption and respectfully requests that the
exemption plat and resolution be signed making the subdivision
exemption final. Kindly draft the resolution so that Jack can
utilize either the well -sharing arrangement or have the test
wells permitted.
Should you have any questions or comments, feel free to
call me at the number shown above.
Very truly yours,
Billie G. Burchfield
• •
DECLARATION OF EASEMENTS AND COVENANTS
Garfield County, Colorado
The undersigned, Jack T. Evans, Jr., (hereinafter
"Declarant"), being the sole owner of certain real property
located in Garfield county, Colorado, described on Exhibit A,
attached hereto and incorporated herein by this reference, having
caused the same to be divided into three (3) parcels, as
described in Garfield County Resolution No. (hereinafter
the "Subdivision") recorded the day of
1996, in Book at Page as Reception No.
, Garfield County Records, hereby declare and
acknowledge that all property within the Subdivision is and shall
be subject to the following Easements and Covenants:
ARTICLE I
WATER SUPPLY AND RESTRICTIONS
1. Domestic Water Supply: Domestic water supply for all
parcels shall be derived from the Evans Well No. 2, which is the
subject to Well Permit No. 191825, issued by the State Engineer
pursuant to C.R.S. § 37-92-602(3)(b)(II)(A). The rate of
withdrawal from the Evans Well No. 2 may not exceed 15 gallons
per minute, and the water produced therefrom may be used only for
ordinary household purposes inside three (3) single family
dwellings, fire protection, watering of poultry, domestic
animals, and livestock on farms and ranches, and the irrigation
of not over one (1) acre of home gardens and lawns.
2. Conveyance and Assignments: Evans Well No. 2 and
appurtenant facilities are currently owned by the declarant, and
the permit for Evans Well No. 2 is currently in the name of the
Declarant. At the time of conveyance by Declarant of Parcel 1,
2, and 3, the Declarant shall quit claim and assign to the
purchasers of each such parcel an undivided one-third interest in
the Evans Well No. 2, the well permit therefor, the pump and
appurtenant facilities. The permit shall remain in the name of
the owner of Parcel , as they may appear from time to time, and
such owners shall be responsible for subsequent assignments and
amendments to reflect ownership. The owner of Parcel shall be
the owner designated to receive correspondence related to such
well permit.
DECLARATION OF EASEMENTS/COVENANTS
1
• •
3. Ownership and Maintenance of Evans Well No. 2 and Water
Facilities: Each parcel owner shall be the sole owner of water
facilities which are used solely by that parcel. Pursuant to the
conveyances made as set forth in paragraph 2 above, the lot
owners shall be the joint owners, each with an undivided one-
third interest in the Evans Well No. 2, the pump, and any
appurtenant facilities which are used in common by the parcels.
Each parcel owner's one-third interest shall be appurtenant to
such parcel, and may not be transferred apart from the parcel.
The parcel owners shall be responsible for operation,
maintenance, repair, replacement, and improvement of the Evans
Well No. 2, the pump and any other appurtenant common facilities.
4. Costs of Water Facilities: The owners of each of
parcels 1, 2 and 3 shall entitled to one-third of the withdrawal
of the Evans Well No. 2, for individual use, and shall be
responsible for paying one-third of the costs of maintenance,
operation, repair, replacement and improvement of the Evans Well
No. 2, the pump, and appurtenant facilities. The costs of common
water lines or other common water facilities shall be borne
equally by the owners of the lots using such facilities. The
parcel owners shall cooperate to enter into mutual agreements for
the completion and payment of the costs of any maintenance,
operation, repair, replacement, or improvement of common
facilities. In the event the parcel owners are unable to agree
upon any required maintenance, repair, replacement, or
improvement, any parcel owner shall be entitled to undertake the
minimal work necessary and essential for proper functioning of
the common facilities. In the event a parcel owner determines
to undertake such work, he shall first notify the other parcel
owners in writing. The parcel owner undertaking the work shall
upon completion provide the other parcel owners with a written
statement of the work performed and the other parcel owners
proportionate share of the costs.
5. Payment of Common Expense: Each parcel owner shall pay
its proportionate share of common expenses within 30 days from
the time a statement of expenses is presented for payment. In
the event a parcel owner fails to pay its share within 60 days of
presentment, interest on the unpaid amount shall accrue at 12
percent per annum, beginning 60 days from presentment. In the
event a parcel owner fails to pay any amounts due with interest
thereon, within six months from the date of presentment for
payment, water service to the delinquent parcel shall be
discontinued. Further, the parcel owner which has paid such
costs and expenses shall be entitled to pursue any remedy
available at law or in equity for a breach of this Covenant, and
shall be entitled to reasonable attorney's fees incurred to
obtain and execute on any judgment for collection.
DECLARATION OF EASEMENTS/COVENANTS
2
• •
6. Easement: Each parcel is and shall be subject to
perpetual and nonexclusive easements as set out in the
subdivision plat, sufficient to give force to the provisions of
this Article, including a ten foot centerline easement for the
water supply pipeline and a 20 foot radial easement around the
Evans Well No. 2 for the construction, operation, maintenance,
repair, replacement and improvement of the Evans Well No. 2, the
pump, and any appurtenant common facilities and water lines.
7. Use of Water, No Waste: Domestic, in-house use shall
take precedence over irrigation use and no outside use shall be
allowed if any in-house domestic needs are not met. The Evans
Well No. 2 shall be used in accordance with the well permit and
any lawful orders of the Water Commissioner, division or state
engineer. No parcel owner shall waste water, and each owner
shall exercise prudence and conservation in the use of water in
order to allow for the efficient and beneficial use of the Evans
Well No. 2. Unless otherwise agreed, no lot shall use more than
one-third of the water physically available from the Evans Well
No. 2.
8. Construction Requirements: Each parcel owner shall
install and pay for a minimum 1000 gallon storage tank, or larger
as may hereafter be designated by Garfield County, for service to
each single family dwelling. Each parcel owner will have a
licensed engineer design necessary elements of each parcels
addition to the common water supply facilities.
9. Individual Wells: Declarant may, at Declarant's
option, apply to the State Engineer's office for approval for in-
house domestic use only of Evans Well No. 1 (Test permit No. MH -
27342); Evans Well No. 2 (permit no. 191825); and Evans Well No.
3 (Test Well Permit No. MH -27341). In the event that Declarant
obtains approval of the three permits for household use only on
each of the three parcels in the Subdivision, Declarant may, as
owner of all parcels, repeal this Declaration in total, and
convey to each parcel owner the permitted well located on each
parcel.
ARTICLE II
GENERAL PROVISIONS
1. Covenants to Run: The Covenants herein shall run with
the property constituting the Subdivision, and shall bind the
Declarant, his successors, and assigns. All parties claiming by,
through, or under the Declarant shall be taken to hold, agree,
and covenant with each owner of each lot in the Subdivision,
their heirs, successors, or assigns, to conform to and observe
said restrictions, but no restriction herein shall be personally
binding on the Declarant or any other persons except in respect
to breaches committed during his or their ownership of said land.
DECLARATION OF EASEMENTS/COVENANTS
3
• 1
2. Enforcement: The Covenants may be enforced by any
parcel owner by an action for damages or for injunctive relief to
restrain or mandate any action required by these Covenants. The
prevailing party in such action shall be entitled to reasonable
attorney's fees and costs.
3. Terms/Amendment of Covenants: These Covenants shall
remain in effect for a period of twenty-five years, and
automatically shall be continued thereafter for successive
periods of ten years each, unless all three parcel owners in the
Subdivision affirmatively vote to repeal or amend, all or any
portion, of these Covenants at any time prior to the expiration
hereof; provided, however, that no repeal or amendment shall be
effective until an instrument setting forth such action, signed
by all parcel owners, is recorded in the Office of the Garfield
County Clerk and Recorder.
4. Severability: Should any provision of these Covenants
be declared invalid or unenforceable by a court of competent
jurisdiction, such decision shall not affect the validity of any
other provisions, which shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant, as the owner of all lands
described, has executed this day of , 1996.
STATE OF COLORADO §
§ ss.
COUNTY OF GARFIELD §
1996.
JACK T. EVANS, JR. - DECLARANT
Subscribed and sworn to before me this day of
Witness my hand and official seal.
My Commission Expires:
DECLARATION OF EASEMENTS/COVENANTS
4
Notary Public
_
-,. WELL C0111*-- AN S TEST REPORT
5TA } L t1! V VLI- =, k.....1122.=_12.,..._______ o.TA fl'11 rlrl Iprirrn
y_ FOR OFFICE USE ONLY
APPKUVPu-s1/4,,vvaam-3,1-0-.
WELL PERMIT NUMBER : MH -27263
2,
OWNER'S NAME (S) :Gerhard Rill
1.1..ill..o.1_Jelse a■ In. 11 LftY Qfi
C,Ity, L t., .up : ,,xL.Kc:w.r r _ , ... 01 L .1- G
Phone : ( 970) 285-9816
.
WEI,-I,- LOCATION AS DRILLED : NW 1/4 SW 1/4 Sec . 3 Twp. 7S Range 95W
U!b;J\rvt..m fR,` rht mril HOPI LIPIi:C I -r I --rum -sm_. um. ,",nd Cl Gee'," Sec. Line, Or
SUBDIVISION : LOT : BLOc s : FILINO (UNI I) :
STREET ADDRESS AT WELL LOCATION :
4.
GROUND 3Ur,rACE Pt.F_VATION ft, DRILLING METHOD : Air Rotary
DATF COMPLETED : 01/19/96 I U I AL DEr I n . 21 3 m.. 1:,I:uiAOI k I tLI orFor! I 1,1 't fl
5, (af=OLUUlt: LOU:
B. riQtt= DIANA. (in)
PRc» (n7
TO (rt)
Deptrl
rypo al r,Aut... ...1 (r,Irn Cnin1. 2n4 TVPe)
9 - 0
0 . 0
L
000-040
Volcanic Rocks, Flows
6.5--------25
213
040-213
Clays, Volcanic Rocks
7. PLAIN CASING
OD (in)
Kind
Wall Size
From (ft)
To (ft)
7.0
Steel
0.240
0.0
25
5.5
PVC
.250
20
180
PERF. CASING : Screen Slot Size :
5.5
PVC
.250
180
210
WATER LOCATED : 180 - 205
REMARKS:
8. Fitter Pack
Matenal :
Size :
Interval :
9. Packer Placement
Type :
Depth '
10. GROUTING RECORD :
Material
Amount
Density
interval
Placement
cement
3 sks
6 g/sk
5-25
poured,
11. DISINFECTION : Type : HTH Amt. Used : 2 oz.
12. WELL TEST DATA : [) Check Box If Test Data Is Submitted On Supplemental Form.
TESTING METHOD :Air Compressor
Static Level : 148 ft. Date/Time Measured :01/19/96 Production Rate : 15 gpm
Pumping Level : Total ft. Date/Time Measured '01/19/96 Test Length - 2 hry
Remarks :
have regi the testaments made herein an0 Imo the contents thereof, ani that May are true to my bncrmadge. ;pursuant to Section 24-4-104 (13)01 CRS. the making a false statements cOnatties oorjyy m the ..coe4 aeQse rd
1s purrsnada as a class 1 misdemeanor.)
CONTRACTOR : Shelton Dulling Corp. Phone (970) 927-4182
Mailing Address . P.O. Box 1059 Basalt, Co 81621 Lic. No. 1095
Name / Title (Please Type or Print)
Wayne Shelton / President
Sign r _
Date
01/26/96
Fn F pflpy
WELL COMPLETIOISND TEST REPORT
STATE OF COLORADO, OFFICE OF STATE ENGINEER
FOR OFFICE USE ONLY
WELL PERMIT NUMBER : MH -27262-B
2.
OWNER'S NAME (S) :Gerhard Rill
Mailing Address :p P. 0 . Box 98
City, St., Zip : Parachute , Co . 81635
Phone : ( 970) 285-9816
APPROVAL # GWS31-91-03
3'
WELL LOCATION AS DRILLED : NE 1/4 SE 1/4 Sec. 4 Twp. 7S Range 95W
DISTANCE FROM SECTION LINES : Ft. From Sec. Line. And Ft. From Sec. Line. Or
SUBDIVISION : LOT : BLOCK : FILING (UNIT) :
STREET ADDRESS AT WELL LOCATION : _-
4.
GROUND SURFACE ELEVATION ft. DRILLING METHOD : Air Rotary
DATE COMPLETED : 01/25/96 TOTAL DEPTH : 235 ft. COMPLETED DEPTH : 235 ft.
5.
GEOLOGIC LOG:
6 HOLE DIAM. (In)
FROM (ft)
TO (fl)
Depth
Type of Material (Size, Color, and Type)
9.0
0.0
24
000-060
Volcanic Rocks, Flows
6.5
24
235
060-235
Clays, Volcanic Rocks
7. PLAIN CASING
OD (in)
Kind
Wall Size
From (ft)
To (ft)
7.0
Steel
0.240
0.0
24
24
5.5
PVC
.250
20
190
�-1
PERF. CASING : Screen Slot Size :
5.5
PVC
.250
190
230
WATER LOCATED
: 190 - 230
8. Fitter Pack
Material :
Size :
Interval :
9. Packer Placemen.
Type :
Depth :
REMARKS:
10. GROUTING RECORD :
---..-
�Material
Material
Amount
Density
Interval
Placement
cement
3 sks
6 q/sk
5-24
poured
2
' 11. Di51NFECDISINFECTION:Type HTH Amt. Used : oz.
12. WELL TEST DATA : (; Check Box If Test Data Is Submitted On Supplemental Form.
TESTING METHOD :Air Compressor
Static Level : 165 ft. DatefTime Measured :01/25/96 Production Rate : 15 gpm.
Pumping Level : Total ft. Date/Time Measured :01/25/96 Test Length : 2 hrs.
Remarks :
i-Gtrs:tKrt to Sod= 24-4-104 i l t )CRs the tkn9 of Inlse statenmxs
have read the statements made heron and Moe the contents thereof. a,o that they are true to my knowledge
is iscisnabk as * day% 1 nrademeanor
CONTRACTOR : Shelton Drilling Corp. Phone (970)
Mailing Address . P.O. Box 1059 Basalt, Co 81621 Lie. No. 1095
canslfutes De ry �, flit second oeffee and
927-4182
-.1Name
/ Title (Please Type or Print)
Si
u e __--__------ - . ---)-�
Date
01/26/9 6
Wayne Shelton / President
J k vi'
r
pflpy
WELL COM
PLETIONNND TEST REPORT
STATE OF COLORADO, OFFICE OF STATE ENGINEER
WELL PERMIT NUMBER : MH -27262—A
OWNER'S NAMF (S) :0Arhard 1 j11
Mailing Address :p . 0 . Box 98
City, St., Zip : Parachute, Co . 81635
Phnnr* ' ( 9711) 7ti5-9510
FOR OFFICE USE ONLY
APPROVAL N GWS31-91-03
7S Twp.
WELL LOCATION AS DRILLED : NE 1/4 SE 1/4 Sec 4
DISTANCE FROM SECTION LINES Ft. From
Ft. From Sec. Line. And
LOT BLOCK
SUBDIVISION
STREET ADDRESS AT WELL LOCATION :
GROUND SURFACE ELEVATION
DATE COMPLETED : 01/23/96
Range 95W
Sec. Line. Or
FILING (UNIT) :
DRILLING METHOD : Air Rot.ary
TOTAL DEPTH : 240 ft
GEOLOGIC LOG:
Depth Type of Material (Size, Color, and Type)
000-060 Volcanic Rocks, Flows
0G0 . L30 CTas= vn1 panic RQCks
"
;t"u 'i4i.i Nittrt.,LUi1 j�.�. ..... AR -
6
HOLE DIAM. (in)
9.0
COMPLETED DEPTH : 240 ft.
FROM (n)
0.0
6.5
24
7. PLAIN eAOING
OD (in)
7.0
5.5
Kind
Steel
PVC
Wall Size
0.240
.250
TO (ft)
24
240
From (ft)
0.0
20
PLlF. CASING . 0lat Sino
5.5
PVC
WATER LOCATED 180 , 225
REMARKS:
11. DISINFECTION : Type HTH
12 WELL TEST DATA t J Check Box 1f Test Data Is Submitted On Supplemental Form.
TESTING METHOD :Air Compressor production Rate : 10 gpm
Static Level : 160 ft Date/Time Measured :01/ 23/96
Pumping Level : Total ft. Dateffime Measured :01/23/96 Test Length : 2 hrs.
Remarks
t neve lead the statements rrw0e Mown end know the cortens thereof. and that they are true co rhe Va qMC i e. (Purnell to Section 24..104
is punishable is i disc 1 rnsdmne.nor.)
CONTRACTOR : Shetton Drilling Corp.
Mailing Address : P.0 Box 1059 Basalt, Co. 81621
8. Filter Pacic
Material .
Slze
Interval :
To (ft)
24
180
.250 180
225
9. Packer Placement
Type
Depth
10. GROUTING RECORD
Material
clement
Amount
3 sks
Density Interval Placement
6 9/sK 5-24 poured
Amt. Used : 2 oz.
Name / Title (Please Type or Print)
Wayne Shelton / President
Sig
Um) CRS, the rrylan0 of Mise statements cpntitiss DeVY lc the second lieges ire
Phone (970) 9274182
Lic. No. 1095
Date
01/26/96
FILE COPY
Form No.
GWS -25
APPLICA T
OFFICE OF THE STATE ENGINEER
COLORADO DIVISI. OF WATER RESOURCES .
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
JACK T EVANS JR
48 MORNING STAR DR
PARACHUTE CO 81635-
(970) 285-9104
PERMIT TO CONSTRUCT A WELL
•
LIC
WELL PERMIT NUMBER 11 32,777
DIV. 5 CNTY. 23 WD 45 DES. BASIN MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 1/4 SE 1/4 Section 4
Twp 7 S RANGE 95 W 6th P.M.
DISTANCES FROM SECTION LINES
1900 Ft. from South Section Line
650 Ft. from East Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless
approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump
Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 48.25 acres described as
that portion of the SE 1/4 of Sec. 4, and that portion of the SW I/4 of Sec. 3, all in Twp. 7 South, Rng. 95 West, 6th
P.M., Garfield County, more particularly described on the attached exhibit A.
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to 3
single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the watering
of domestic animals.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTE: Monitoring and observation hole notice no. MH -27262, was acknowledged on January 16, 1996.
APPROVED
JD2
Receipt No.
State Engineer
0394690
OWNER'S COPY
By
DATE ISSUED FEB 0 8 1996 EXPIRATION DATE FEB 0 8 1998
dok GRAND VALLEY
Flililt PROTECTION DISTRICC
P. 0. Box 295
Parachute, Colorado 81635
(303) 285-7630
December 28, 1995
Garfield County Planning Department
109 8th Street, Suite 300
Glenwood Springs, CO 81601
RE: The Jack Evans Exemption
To Whom It May Concern:
Per a request of Debby Sanderson of the Law Office of Walter Brown, the
Grand Valley Fire Protection District has reviewed the Jack Evans Exemption.
It is our understanding two parcels of land will be subdivided. Approximately
52 acres will be subdivided into four lots and 43 3/4 acres into three lots.
The Grand Valley Fire Protection District requests that all structures be
separated from native trees (pinyon/juniper) by a distance of four times the
height of the surrounding native trees or 100 feet. Also a source of water
for fire trucks (to pump from) is helpful. We understand a pond is planned
on proposed subdivision. Access to all structures should be sufficient for
a 45 foot truck to turn around.
If there are any questions please contact me.
Sincerely,
Ed Baker
Asst. Fire Chief
cc: G. Mahaffey, Chief
•
•
1 District: III
I Road: 301
I Permit #: 007-96 D
GARFIELD COUNTY
APPLICATION FOR
DRIVEWAY PERMIT.
Application Date 02-23-19.
I, EVANS, JACK (herein called "Applicant"), hereby request:..
permission and authority from the Board of County Commissioners to construct
driveway approach(es) on the right-of-way of Garfield County Road Number 301
adjacent to Applicant's property located on the NORTH side of the road, a
distance of 900FT mile(s) from CO RD 301 & CO RD 310 INT for the purpose of
obtaining access to PRIVATE RESIDENCE
Applicanh, submits herewith for the consideration and approval
of the Board of County Commissioners, a sketch of the proposed ineta
lation showing all necessary.,specification detail including (1) front-
age of lot along road, (2) distance from centerline of road to
property line, (3) number of driveways requested, (4) width of pro-
posed driveway(s) and anqle of approach, (5) distance from driveway
to road intersection, if any, (6) size and ehape of area separating
driveways if more than one approach, and (7) setback distance of
building(s) and other structures or improvements.
GENERAL PROVISI ()NS
FIRST The Applicant, represents all parties in interest, and affirms
that the driveway approach(es) is to be coneructed by him for tne
bona fide purpose of securing access to his property and not for the
purpose of doing business or servicing vehicles on the road riahteofeway,
SECOND. The Applicant shall furnish all labor and materials, Perform
all work, and pay all costs in connection with the construction 07' the
driveway(s) and its appurtenances on the right-of-way. All work shall
be completed within 30 days of the Permit date,
THIRD: The type of construction shall be designated and/or approved
by the Board of County Commissioners or their representative. and all
materials used shall be of satisfactory quality and subject to inspec-
tion and approval of the Board of County Commissioners or their
representative.
FOURTH The traveling public shall be protected during the instal-
lation with proper warning signs and sinals and the Board of County
Commissioners and their duly appointed agents and employees shall ':)e
held harmless against any action for personal injury or propertY
damage sustained by reason of the exercise of the Permit,
FIFTH: The AppT1cshall assume resp0nsibll for the removal Or
clearance of sOow, ice or sleet -'
'�$ upon any portion of the driveway ap-
proach(es) even though deposited on the driveway(s) in the course of
/' the County snow removal operations.
/
SIXTH: In the event it becomes necessary to remove any right-of-way
fence, the posts on either side of the entrance shall be securely
braced before the fence is cut to prevent. any slacking of the remain-
ing fence, and all posts and wire removed shall be turned over to the-
Oi5trict Road Supervisor of the Board of County Commissioners.
SEVENTH: No revisions or additions shall be made to the driveway(s)
Or its appurtenances on the right-of-way without the written peMi5-
s1oA of the Board of County CommisS10ners,
EIGHTH: Provisions and specifications outlined herein shall apply on
all roads under the jurisdiction of the Board of County Commissioners
of Garfield County, Colorado, and the Specifications. set forth - on the
attached hereof and incorporated herein as conditions hereof.
SPECIAL CONDITIONS
15" CULVERT REQUIRED
MUST GRAVEL AT LEAST lOOFT FROM 'COUNTY ROAD
RESPONSIBLE FOR TWO YEARS FROM DATE OF COMPLETION
In signing thiS'8pp}ication and upon receiving authorization and
permission to install the driveway approach(es) described herein the
Applicant signifies that he has read, understands and accepts the
foregoing provisions and conditions and agrees to construct the drive-
way(s)
in accordance Wlth the accompanying specification plan reviewed
and approved by the Board of County Commissioners,
Witness:
Signed
(Signature of Applicant)
(Address)
(Telephone Number)
PERMIT GRANTED THIS
PROVISIONS, SPECIFICATIONS, DAYCOF�b�r lo ' SUBJECT TO THE
, ^"/�`/m�, AND Vm�'1|l0Ns STZPOLATED HEREIN,
For Board of County Commissioners of Garfield County, CmlOrad..
BY
[Ti C:PELM .l. er,: -.1 ,oto as o: `+ da�
CI
A r.N': ��str
OS :e:. .•o G1:• ^fon :s 1,
octet
•
me Cost A
21, 1770,
Libhy. Biro- E.
Evelyn C. Edwtrdr
the : calie P. end
t herc•lnre duly
foregoing, hcrei,
greewer' I ,,21. hops, and'ars,•.♦ 1 . Y!Od' (Intel
Ce[i1a..,•r... ••'•erred to as ,•rtost" an' :'erten )
Lioby (nevi ,styn•t^_ M. M:xD'
:i et;:ly, 3P LL w uteri: , r
lies;: is F Lltd,y and Olive .:. 1 iD[y, '!ru �_
Jewell F. Lit.hy lawily Trust. by icnlie 5. :tbC•, .
a.tth•-,tel. an.! •s attorney -an -fact tn- t'.r
.atter .11 e•_tively referred tc r.-hitt•y.'
kuar.s,SZSN
Pttat 1e the owner of ".v WW1/4 Of WW1/4 of Section' It. et'i a
portion of V.I. NW1..4 of SW1 •4 of Sec. 3, ani Libby ie. t"o owner
• thece.fOurths interest .n the Sw1/4 or the AC/4 of Rec. J,
"cw:ship 7 :.outh, Range Ss wast of the nth Principal Mari+i-+,,
Garfield Coanty, :'n:orsd,:. See :xhlbit A here's a . by _its
referan..e made a part her.-,`.
PfOst des:rem coue^ents, ••'• Iter dws•_ril,ee e.,...,.‘
Libby's above ower:N-1 yr.perty anir._....serenta e. t• -
Pto:;t'a •L.,,.r dee,:-Jsed • _,•petty, for end ttilir ie,.
Libby else dpe:r.--. th• right t: ehit.ge the .-)wrens yrantca '••
Pf.st for road_ perl•nees r' nmc to::._e nt Libty'm dis.-rotion.
POW IIIFY-t..,EE.
it r1lefit.on nt this miceemer• end !'.-
Orentt'g cf tt. r.r •tN.-' . .. .-1nr,tter u. . ,tl., it 1s n.r.•ed ..
ful1nvy:
and cOnvc t, tc Li1Ly nn^-e4c1i.s:•. •
ca..ew: nti. for ut.l .• 1•°s nalt-+•' A road at: 'n:lotm:
II. util.y '','.h foC:t-wide G.As.Et t lt..ate V'.
tn.- Marr'sani.a M..-sa, Icvn3hit %South, Rnnyc St, West of th, t'••
Pf ,:iptst 11e.1d.sn, Garf tnld County, Coltrai t••:nq r, .
pa:, ...early d iris , as f.,1:0wr.
Comreani^g at t :e 6E e -sr cf the NW /4 Of the Nw,;'4 nt
4ac.1:. said pint • ` he is:ninq beinl situate et the
intarseCticn of Gar'ield County roads 3nt ami 370: the
easterly lite of s.4 id easement running thence
nort`ansterlp aiorq ar' With the east l.ne or said pause:
to the 111 coiner c, tc- XS11:4 of the NWI '4 cf Sec. lu.
t. Fuad es:.e ..rt. A 2S ?out-10:de ease-. rt rituate :r,
the rorrla.n.,
r4. sa. •town.=^:p • South. Range 95 hest, of the :th
trim -pa: Mari.?i,.r GarticlA
rbucty, eo:ut :.t , being . ,.
ptrti:ularly tis: -:L- 9c follow,:
C0 :' At. SC G.tr,.t ,It %,c- Nw:,4 . the Nr1:4 c'
c:.
1,
bei no _; t- -tr at t.:e
i iters. . ion - f e:,- t :.:d CfCnty ?Oath.:?d41 3.:1 a Ji.... . A.
eA$terly 1.no ot s•.'d cwstternt runni-:1 thcnti
rartheaster:;; .t' -t.; and with t.hc cast line of sniff pa -rel
to a curve of : or• iets:c (Chord Length 59.74 feet,
hearing N44• le' 7.•' W, 1•cad_u-: 4?.12 feet, Melts tingle
•q' 77' fly": then_.+ along the curve left G5.% feet;
thence wcsteriy alert and vitt the north line cl said
parr41 s d.stan .- et . foots
2. Libby herr•ry 3t.nts a-' conveys to Pfor_ ncn•sxcla'lve
eascaente for ..'liti••- and fcr a road, as !n1Lcvs!•
a. 71ti:--y etznAnti. A 2S loot -wide easement eituate
i
.,wr,s.`.il South, Par ', S, W.,at of:the ith
othe Ituzr Ner+F;a. Uo:orale, bei:..; e+cre
Vr:cc ,pa: Ner. liar. t �rfie�d C 'defy,
0.ricu ar.y dee '.ted Js fellows:
. Co-none:nq :r rh_ 5t .:orner of t?t- AW1:4 Ct ch.,. .7111 14 of
Syn. 1. tl... easter:; lire ct this pert!“, of eaid
. esseae'.t r..r.l.nq th.to -. n..r•".masterly slungand with the
cos'.. 1,•,, cat! 1:,t-..1 l., t' -w ME cornet of ::aid parcel;
.`e^• ..,,t ..-r :n; rcr!'%1.1. )ire of chi-, /.4 -sten 01
,,i.: .Assn,:.. .. .,y 'nd ':,e?. the nor"- lite of a40
eerie: aFi=` •l 4tely t • feet to where t:.. tit c„eeern-
intarse t wlti'. the .lint c..re-t reel 0n eaid inrr..l.
L. :.c.a-t-.Nem.nt, t.1d. can. -...•n7 c.tu... c.,•
at
trod Morrieseia we ,a rne-,rt.ip 7 Sol ' neige 95 West of the tt :
Yr_n ipal Ser. Sian, '_-.1,' .el: court est ora'.i, being rn:-
part:cl_arly dv:cri ,ed as f- J1.,4+5:
rclsrat rry or aXtar•t d:rt -lad through n 1 -tint .,` the
:ihby propc:ti, which is the SW1/4 of the SW1/4 ot Se:-.
i, TO ]port:• the F`ee't property, wtli_h :s this ra-t
. O.
Of the *es' tett of t`.e NW:/4 of the SM1/= 'hut wtin not
prccicbs 'y _cr.•:eyed to ail:and lases. said proFcrty all
lying in rhe ef0renentioncd extant dirt toad ie
Pnrc:i. . : ,-de`"-ih.d se tollcwe:
hcgirnirg at the intersect.u: o! said road t.:th the north
line of tar aa./4 of the WWI/4 of Sec. 10, ab',ut 54 teat
fro= Pb..NL corner cf said brute:, and being the PC of a
curve; the easterly line of said easement running :hone*
along the curve right' 257.93 feet (Chord Length 233.21
feet, tieerinq N4'. .7' 31" N, Radius 167.$C feet, Delta
Angle Rd' 04' 09")1 ttanCY M1. 15' 76" N 213.01 feet to
the PC of a curve: thence along the curve left 1RR.9R
feet (chord Length 18'+.75 feet, aeari g N14. 74' 35" N,
R.atliur. 39:./l feet, Delta Angle 27 .tA' 17'); thence 142R.
-.co
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v
n5
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Is)
l;) CD
'-r• 0
a
b
<'1
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TEI
53' 4'" 14 3'3.77 fret to tr.e F'. ,' n therre
tt' rJIV' let 526.0 feet ;Chord
}Icor ing N34 17' Of I . hn:ii,2& 'Z 1 . 1 tee!, Delta `nAngle ie
an. 3�:' the; I. the Ao...% 3,prntotal diel stnf',_ceet aof 155^.CE
NN. • 6 ��f the SWI.'4 of
fort.
3. .t is uncle stood rind agreed '.nZt L1bL-y t'' the right t'
nhotige the roAl easement granted to 1 `oot tj core esp nA with the
ea3er!_ n;F granter) Lir Libby in pa agrph J. n and grArted t:
Prost it ,a_agrapt '.a, heretnlfter refcrrel tO as the "alts"^ate
rpy,l .zaaprpnr . ;t is agreed teat the roan casement granted to
s' it paragraph i.h shall be deemed terrinatel at such tile Ar
1.1i_•by has corp1Qtel st r.,dd of r;tual Cr hotter q::asl_ty on t) N
altcrnntc roar' easement.
4. The e:,6ei'rts granted amu conveyed ''er ei ` n 6h' heir �r v i,ve
'-revci tic the respective grantees the: rSs_1 ".
s uCi ►
seers, in accordance with the above proviprovisions.
or th•►.:tselves, their heirs,
5. Lir'�S• and � fot3t re3pL�: .�
s nn. signs re reF
grant a* P time of the
grantt:r: of the above easements the hers the owners in fee sir.ple
:LiLby's own-Ls"1c is an ur.tlivided 314 interest` o: the respective
properties conveyed and have the right to grant, i:., r. -1l and
, onvcy said eases tints, and that the sanr aro !r .s,e an'. Clear of
:,ens Arvi ._r.cumbrarces of every kind and nature. O
P. :t.c Fart.ee berets recrgnizc that Lite' 3/4 interest in the co
Libby prnper'y previ,:,:s.' y held [,y Leona Marshall l t t:hy, (IeCeaSecl,
rot. nt:pi-n►r: :,' records as being owned by .;ohm Mn►ahal' r:t.3 Peter
M.rrshal as Executors of the estate Ot Leona H.iru! all L'bry. The
whereabouts of the owner(s) of said one-fourth interest is not
known. Libby agrees to diligently attempt to locate the ownet(5)
Of sai:' 1.'4 interest artd to obtain said owners signature approving
and agree ng to be bound by the terms, agreements and Froviaiors of
this Agreement.
Z Od d6%:E0 96/80/10
]N WTTNFSS h'HERECF, the portieu hcreto ha.'c cxe.uted this
EuseMent Agreement effective a8 of the late and year fir.;t above
written.
Glenn Pf .Ds'. , as Trust€a ;,r
thw NJgh 3•r; .i.,i;:iF E. Pfu-.t
�' �. • . Lib y o:"Rarton fl /
Libby, Byron E. Libby, Gwyn F
M. Libby .(now Gwynne M. Hixon)',
Evelyn A. Ed.rnrds, as their
attorney-in�fe,:t, ..
Truster rrt the LPe1ie R'. and
.Tewell F. Libby ramify
- 3 -
Ar't-owleu,.eAe !_ on follywi::, page.
N
1
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
•
►2 _.ea?2�2�1r?�
Sty to of
Corintxof
On .< D .1 Ciz before me. 74C-/.6_ . .
Personally appeared E .k . .. i -/S �
1
oersonal:y known to me -
Yams are,
CO
40.c
OR proved to me on the basis of satisfactory evidence to be the person(%)
whose name(%) is, Gee subscribed to the within instrument
and acknowledged to me that heisli4e4teiy executed the
same in his'henM,eirauthonzed capacity(tec), and that by
his/heMheir signature(%) on the instrument the person(%).
or the entity upon behalf of which the person($) acted. •
executed the instrument.
r n :.10
4,
4e,
v v Comm. Esor9s P•4%, )_.197
�' v � � v
WITNESS my hand and official seal.
LL? '. -0.c
OP77ONAL
Trough the ,nronnaton be ow is not reou,red by law. rt may prove valuable to persons relying on Me document and could prevent
fraudulent removal and reattachment of tths form to another document
Description of Attached Document /�
Titl€ or Type of Docurnent.,+c.nn4,Yl 4'K-C-� _ _ a
Document Date: 6?" -q 5
Sigrerls) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
e5 Individual
Corporate Officer
Title(s):
Partner — Limited General
Attomey-in-Fact
Trustee
Guardian or Conservator
Other.
Signer Is Representing
'HUr.16F.tr,-
Of SK;t+E R
C WO
Signer's Name:
Number of Pages _- " '__
Individual
Corporate Officer
Title(s): — -- -
Partner — Limited General
Attomey-in-Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
C • 994 Manana. Yoran, Moodie:el • 9236 Feeneei Ave PO Born 7'84. Canoga Para CA 91309.7194
Prod No 5907
Rso,Uar CM Toa -Fres 1-900-976-6e77
co
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• •
EXHIBIT A TO PFOST/L1L]6Y
EASEMENT AGREEMENT
P sr Puv.Ccr
VP
SiV, 1511
y
iti W 2. 8
a .Ilf4•• +
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47408 B-963 P-532 01/08/96 03:50P PG 1 OF 2
RFC DOC NOT
MI DRFD AISDORF GARI- I EID 00[ TN Y CLERK AND RECORDER 11 O w l
EASEMENT AGREEMENT
THIS AGREEMENT made and entered into as of the 9th day of
SEptember, 1995 by and between Glenn Pfost, as Trustee under the
Tiust Agreement of Hugh Pfost and Jennie E. Pfost, dated August 22,
V.70, hereinafter referred to as "Pfost" and John Marshall III,
hfreinafter referred to as "Marshall".
F.
as
WITNESSETH
Pfost and Leslie R. Libby ("Libby") for Barton R. Libby, Byron
Libby, Gwynne M. Libby (now Gwynne M. Hixon), Evelyn O. Edwards,
their attorney-in-fact, and as the Trustee of the Leslie R. and
Jewell P. Libby Family Trust, entered into an Easement Agreement as
of the 9th day of September, 1995 relating to easements granted by
Pfost to Libby across the NW 1/4 of the NW 1/4 of Section 10,
Tcwnship 7 South, Range 95 West of the 6th Principal Meridian,
Garfield County, Colorado and to easements granted by Libby to
PfDst across the SW 1/4 of the SW 1/4 of Section 3, Township 7
Soith, Range 95 West of the 6th Principal Meridian, Garfield
CoInty, Colorado. Reference is hereby made to said September 9,
199' Easement Agreement for its terms and conditions.
Marshall is the owner of a one-fourth interest in the SW 1/4
of the SW 1/4 of Section 3, Township 7 South, Range 95 West of the
6t1 Principal Meridian, Garfield County, Colorado.
Pfost desires to have Marshall approve and confirm the
easements granted by Libby to Pfost and to have Marshall grant
Pf3st similar easements with respect to his one-fourth interest.
Marshall desires to have Pfost approve and confirm the
easements to Libby and to have Pfost grant similar easement to him.
NOW THEREFORE, in consideration of this agreement and of the
easements granted hereby the parties agree as follows:
1. Pfost hereby approves and confirms the easements granted
to Libby by said September 9, 1995 Easement Agreement and grants
ani conveys the same non-exclusive easements to Marshall.
2. Marshall hereby approves and confirms the easements
granted by Libby to Pfost by said September 9, 1995 Easement
A9:-eement and grants and conveys the same non-exclusive easements
to Pfost.
3. Both parties hereby agree to the provisions of paragraphs
and 4. of said September 9, 1995 Easement Agreement.
4. Pfost for himself, his heirs, successors and assigns
represents and warrants that as of September 9, 1995 and Marshall
fo• himself, his heirs, successors and assigns represents and
wa:•rants that as of the date hereof, that they respectively were
tho owners in fee simple (Marshall's ownership is an undivided 1/4
EARTHSTONE DEVELOPMENT
1014 N. 5th ST.
GRAND JUNCTION, CO 81501
•
487408 13-963 P-533 01/08/96 03:5OP PG
irterest) of the respective proper
by them and have the right to granl
easement.
IN WITNESS WHEREOF, the part:
Acreement effective as of the day
My Con
i
Glenn Pfost, as Trustee of the
Hugh and Jennie E. Pfost Trust
STATE OF COLORADO 1
ss:
COUNTY OF MESA 1
Acknowledged before me this
by Glenn Pfost.
WITNESS my hand and official
My commission expires: 5/30/9
STATE OF COLORADO )
ss:
CO'JNTY OF 5c,,60
Acknowledged before me this
by John Marshall III.
WITNESS my hand and official
• My commission expires:
OF 2
ties noted above as being owned
bargain, sell and convey said
Les have executed this Easement
and year first above written.
1?1
Jo n Marshall III
7th day of December
seal.
9
Notary Public` ..:.
day of
seal .
'm!cslon Exprof 8 14.1999
Notary Public /
7
1995,
, 1996,
Y
JAN -11-96 TNU 12:01 .ILIE G. BURC,IFIELD
9945 8957 P.92
2/
487616 F3-964 P-28 01/15/96 03:32P 1X 1 OF I RFC DX' NI?I
MIIDF+FFD AISDORF GARF IF1D i'Ol'Nfl CL RK AND RF(XIRll1-14 6. (X)
�SS1G : 'LENTofsA "1 _E PENT AGR�EMI NTS
Glenn Ptost, a. Trustee under the Trust Agreement of Hugh `
Pfost and Jennie E. Pfost, dated August 22, 1970, Assignor,.
1'
ho-I einafter referred t i as "Pfost", for and in consideration of the
sum of One Dollar and ether good consideration paid to him by Jack
T. Evans Jr. and Billie G. Burchfield Evans, whose address is 48
Morning Star, Pararhu e, Colorado hereby assigns and conveys unto
Jack T. Evans Jr. and G. Burchfield Evans, Assignees, their
successors, hei:s and assigns, all of the Hugh and Jennie E. Pfost
trust interest in and to the following Easement Agreements:
"Pfost" interest., in and to that certain Easment Agreement
dated the. 9th day of September, 1995, recorded the 8th day of
January 1996, by the Garfield County Clerk and Recorder in
Book 963 at Page 529, by and between "Pfost" and Barton R.
Libby, Byron E. Libby, Gwynne M. Libby (n/k/a Gwynne M.
Hixon), Evelyn r. Edwards, Leslie R. Libby and olive J. Libby,
Trustees of the :..eslie R. and Jewell P. Libby Family Trust;
AND
"Pfost" interest in and to that certain Easment Agreement
dated the 9th day of September, 1995, recorded the 8th day of
January 1996, by the Garfield County Clerk and Recorder in
Book 96_ at Page 532, by and between "Pfost" and John Marshall
I11.
IN WITNESS WHEREOF, the Assignor has executedthisAssignment
o: , Easement Agreements, this 9th day of January, 1
r„
By:
;,ienn P ost, as Tru•i tee o the
ii',iyh and Jennie'ii - t Family Trust
S'''ATE OF COLORADO
COUNTY OF
ss.
)
The foregoing instrument was
sworn
s Trusteebefore
the
a
this �i,,�_ day of January, 1996, hy Glenn Pfost, a
Hugh Elio Jennie E. Prost Family Trust.
Witness my hand and official seal.
My Commissi • e::Ais:
re
URN TO: Jack T. Evans, Jr,.
48 Morning Star ?s'
Parachute, CO