HomeMy WebLinkAbout1.0 ApplicationI to
BEFORE THE BOARD OF COUNTY COM},IISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTTON
Pursuant to Colo. Rev. Stats. (1973) Sec. 30'28-I01(10) (d),
as amended, WILLIAM M. HAYNES and WILLIAM S. HARRIS, respectfully
petition the Board of County Commissioners of Garfield County to
exempt by resolution a 10.00 + acre parcel of land, more fu11y
hereinafter described, from the definitions of "subdivision" and
"subdivid.ed land" as the terms are used and defined in Co1o. Rev.
Stats. (1973), Sec. 30-28-101(10) (a)-(d), for the reasons set forth
below:
1. HAYNES and HARRIS by various deeds dated April 10, 1974,
conveyed to saVaer the following lands situate in Garfield County,
Colorado, to-wit:
Tovrnship 6 South, Ran e 94 I,Iest
Section 25:
Section 262
Section 2-l z
s\, stNwk, sI.IkNEk
sE,la, sLiqnk, sIft, spkNwk (exqept 2-'77 acres of said
SEkNIfk heretofore conveyed) tlgether with a-portion
o6 NBIN}Ik d.escribed as: Commencing at a point of.
intersection of the south line of said. NEkNwk with
the center line of County Road; thence North 51"04r
East | 572 feet; thence South 3O'tOt East ' 443- feet'
more or 1ess, Lo the South line of said NEkNt'Ik;
thence West 673 feet, more or 1ess, to t'he point of
beginning;
Lot 7 and. SEkr excepting, horvever, from said Sections
26 and. 27 . ii.""I iying southerly of the East-I'iest
center line ;i said. -s""f.iott= 26 ana 27, and Northrvest-
erly of the Northr'resterly right-of-yay line-?1.:^
Couirty Road as constructed. .ia in place, described as
follows:
Beginning at a Point on the No
vray :Line of said road, vrhence
rr"i of Section 35 in said town
S. OOoOS'13" W. 4562-L9 feet;
307 -43 feet; thence N- 75"26'4
thence N- 60"28'55.' W- 82.5L f
w. 2L4-O4 feet along a fence a
rthr.resterlY right-of-
the l{est Quarter Cor-
ship and range bears:
thence N. 60" 22t 4L" I{.
4" W. L45.26 feet;
eet; thence S- 84"22'f0"
s constructed and in
100-30 feet along said
I18.09 feet along said
97 -50 feet along said
64.L7 feet along said
73.47 feet along said
93.91 feet; thence N.
point on said East-
6 and 27 i thencc N-
g said center line;
place;
fence;
fence;
fence;
fencei
fence i
thence N
thence N
t.hence N
thence N
thence N
thence N
39"43',L2" W-
49"29'51" W-
45"05'42" IV.
36"36'59" rV.
12"00'57" IV.
39"59'42" W-
83"22'34" E. 209-77 feet to a
I{est center line of Sections 2
89"43|30" E. L2L6-23 feet alon
oa
thence S. 53o56t10" E' 2l '35 feet to a point on the
Northvresterly right-of -vl1V-fi"" "f :iid road'; thence
s. 34o20, 451 i.-zz3.7g fLet along said right-of-way;
thence s. 3L"AiiSi" w. zie.ZZ i".[ along :"i9 right-
of-r'ray; thenc"'s ' 31; 59'^;;;-w' -it a '* f6et along said
right-ot-rvayl-to-tt'" point of beginning;
Section
Section
Section
TorvnshiP
34; E\, ELI{L, and, Lot I
35: NI{k, I^rLSIfkr. NWkNEk
35: rtr{k, }'i-\E\
7 South, Range 94 West
Section l-:
.
Section 2=
Section LZz
A11It:
t sLNwk,'
I
N!{k| ':,
,NLSWI
which is presentlY zoned as agricultural land.
2. Simultaneously with the execution and. delivery of the
Deeds of April 10, 1974, HAYNES and HARRIS together with JOHN W.
SAVAGE, executed"a closing agreement on April 10, Lg74, attached here-
to as Exhibit A. In accordance therewith HAYNES and HARRIS have ob-
tained an exact location and description of a 10 acre parcel of land
as referred to in paragraph 2 of such closing agreement and have iden-
tified with particularity by survey the exact location of a certain
gas welI, water spring and present or proposed pipelines and water
structures and necessary easements therefore, and in order that the
closing aglreement of April !0, 1974, may be carried out and petitioners
recej-ve their 10 acre tract of l-and the petitioners desire an exemption
from the definition of "subdivision" and "subdivided land" as the terms
are used and defined in Section 3A-28-10I (101 (a) , Colorado Revised
Statutes (1973) as amended, of the following described parcel of land:
A tract of land vrithin the NLSEk of Section
Tor.rnship 6 South, Range 94 h?est of the Sixth P
and more particularly described as fo1'lovrs:
Beginning at the Northr.rest corner of the IIELSEL
of said Section 27i thence South 89"47 '36" East along
the north line of said ntsEk 353-39 feet thence South
39"59142" East 74.69 feet; thence South 12",00'57"
East 73.47 feet; thence South 36"36'59" East 54.I7
feet; thence South 45o05t 42t' East 97.50 feet; thence
South 29"39'54" Itlest 6L4.72 feet; thence South
87" 47t 29" IVest 23L.26 feet; thence North 3I"28'45"
I{est L45-76 feet; thence I'Iorth 57"56'42" I'Iest 44}- 55
feet to a point on the high bank of the Colorado
River; thence along said high bank with the following
calls: (uorth 85" 4 O' 24" East zLL.67 f eet,' thence
I]orth 30"52'32" East 488.33. feet) to the POINT OF
BEGIiii,iING: ancl containing 10.00 acres, more or less.
2'l ,
Ir1.
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3. Attached hereto are copies of surveys by Irlusgrove Sur-
veying showing in detail the location of said IO acre tract, the
exact location of a certain gas well, water spring and easements
for present or proposed pipeline and water structures with respect
thereto. AIso attached is a portion of USGS North Mamm Peak quad
on which the 10 acre tract is depicted in red.
4. Access to the above identified 10 acre tract of land is
available by vj-rtue of a private easement to the county road as
granted by the proposed form of deed attached hereto as Exhibit B.
5. Upon the granting of this exemption by the Board of County
Commissioners, petitioners believe John W. Savage together with his
wife, Joan savage, will execute and deliver to the petitioners,
William M. Haynes and William S. Harris, a deed in the form attached
hereto as Exhibit B which will be recorded, and thereuoon a copy
thereof will be filed with the resolution approving this exemption.
Dated at Glenwood Springs, Colorado, this 15th day of Ju1y,7975.
D.
11 Grand ueP. O. Box L29
Glenwood Springs, CO 81601
9 45-829LAttorney for William M. Haynes
and William S. Harris
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EXHIBIT A
CI-OSTNG AGRtrEI.iEl{T
,IHIS CLOSING AGREE!,IETIT , made by and betrveen
"Sellers" and JOHI\* lI.IIAYIiES and IIILLIAi,I S. HARRIS, BS
as "Purchaser, iIITIJESSETH:
SAVAGE,
I'IHEREAS, the Sellers and Purchaser have prev-iously entered
into a Purchase Agreenent dated March 2L, 1973, subsequently amended
by a l4emorandurn of Agreenent dated July 31, l-973; and
IiHERIAS, the Purchaser is in possession of the premises
ttrerein d,escribed; and
WI{EREAS, the parties are closing the transaction evideneed
by such Purchase Agreement, ds modified, on April 10, rg74, simul-
taneousJ-y herewith;
. IiOI'i, 'TFIEREFORE, for and in consideration of the rnutual
covenants hereinafter contained,, the parties hereto do hereby agree
as f olLovrs:
]. Purchaser has electeri, and does hereby er.ect, to
accept title in its fo::rn as of April 10, 1974, under the provisions
of Article X of said Purchase Agreernent, datecl. l.larch 2L, L973, and,
all parties agree that they will stipulate and agree, and cooperate
with Purchaser, so that Purchaser may tal:e such action as he rnay
hereafter deem appropriate in connection with CiviJ. Actions ITos.
755a, '1559 , 7560, anc 756L, ir the D.tstri ct court in and, f or the
County of Garfield., State of Colorado.
2. The Prrrciraser agrees to convey to the Sellers a ten-
acre parcel to be located near the confluence of porcupine creek and,
tlre colorado Rj-ver, in the bT);sEt< of section 27, Tov;nship 6 soutir,
Range 94 i'Iest, to have not more than 700 feet of shoreline (frontage)
on the Col oradc River or the proposed I'Iebster Hill Reservoir, together
t'rith a non-exclusive tiventy-foot right-of-rvay for ingress an<i egress
from said ten-acre parcel to the neares-t public roadrvalr, the e>:act
location of said right-of-rray to be reasonabJ-y clctei'nrined by Purchaser.
I,IrLLril4 I.1.
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The exact location of said
determined by survey, at the e>rpense
r1priI 10, 1976, but the parties agree
the Northerlr bounCa.ry of said r:arccl
o
ten-acre parcel shall be
of the Sellers, oD or before
that it is their i-rrtent that
shalI ]:e the Ea.st-I'Ie.st centerl.ine
of S'ection 27, Torrnship 5 South, Rangte 94 tlest, ancl .that sai<1 ten-
acre par-ce} shall be conti.guous to a 12.95-acre (more or less) r:.-rrceJ-,
kncwn as the "Dodson* parcel, such ten-acre tract to conform as
neai-ly as practicable to the parcel delineated. on the rnap attacired
heretc as Exhibit A and, by th-ts reference, made a part hereof .
At such time, prior to April 10, it975, &s the exact
location and description of said ten-acre pa:rcel sira-l1 have been
determined, "as herein prcvided, both parties here'L.o agree to execute
and to del iver sucf, quitclaj-m deeds and other documents as may
l:easonably be necessarlz to clarify with ce-rtainty tl-re e:<act location
an'f d.escription of the parcel so reserved and to perfect ti;}e to
the balarlce of the lanC coaveyect to the Purchaser by the ScIIers otl
l\l:ril. 10, 19741 p.rt-".ziced, hoi.rever, o.n_y qui-tcIai.m deeC froi,r Sell.ers
'tr: Prrrciraser sh.aIl n,::i: ol.re.rate as a relca,se by $e11e::s of their
rights olr::stran'L tc the cieecl of trrls'u fr-c::r 'i:he Pl,.rchctser to tire
Sel-lers dateC Apri.1 10, 197t. ff -queh e>:act location ancl descrl-.o.tion
of said ten-acre parce.l- siral-l- not have been Cete.rnined pri,or to
April 1o, J-976, and, coi-Iveyances so exchanged, as he:cein providerl,
then all 5'i ghts and in'terests of the Sell-ers in and. to any such ten-
acre parcel shall thereupcn cease ancl terrninate, anC the Purchaser
sha1l, thereut:on, be entitLecl to title tc all that pcrtion of tire
Irr-.;5;;, o-t Secti.on 27, Tor.;nshj-p 6 Sor-tth, Range 9zl ';Iest,
At. such t,irte as said ten-acre parcel sharll- be identified,
vrith par--ticttlarity, by survey as herein provided, the Sellers shalr
also ident:fy ruith particularity, by survey, the exact locati_on of
a certain gas r.le11, r.rater spring, and present or .oroposed piparines
and r'rater struc'hure.s, and rrecessary easements therefor, referrecl to
in Article \rIH of ti:e con'tract clatecl l.larch 2l , 1973, and,, sinrultan-
eously r':ith tire conveyance fron the Purchaser to ttre Sel1ei.s of f:he
2
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ten-acre parcel above referred to, the Purchaser rvill also convey
rights to, including the right to use, natural gas from sairl gas
rvcl1 so identified and the rigirt to use presenb, or to construct
reasonable fu{:ure, pipelines (r,,ith bhe prior: consent of t}.e Purch_.-rse-r,
r,,h:Lci-r consent shall ndt be unreasonably i,ri-uhheld) , to transpc.rt the -
lies 'L.o said. 'Len-acre tract of land to be conveyed to the Sellers
frcn 'she Purctraser hereunCer, and the Purchaser shall convey to --he
SeLlers right to use for one household an existing vrater spring,
also to be identified- by slr.rvey, to be locaterl near the nain ranch
house forinerly occnpi.ed b1z Dr. anC }lrs. I{i11ian Haynes, and 'th<l right
to u.se present, oF to construct reasonable fu'ture, structures (with
the prior consent of the Purchaser, r.ririch consent slla1l not be
u:-lreasonabJ-y v;ithheLd) sufficient to carry the rra-Ler frorn said spring
'b.o said ten-acre pa.rcel of land, and the Purch"r.ser agrees to convey
to the Sel1.ers' such ea.senents a.s are reason3.)r1y necessary to carrlz
ou.t the r:rovisions hereof .
Tf ti:e exact lor:aticn .end descrip:jon, by sUrv."}r, ds horein
provided, of s:ici gas r.;e1--1-, ',.;ate-r spring, pipelines, r.raier si::uctures,
and easer.ents sh+Il no't har.ze bsen cieternine.l prior to.\pril LO, L975,
;:nC conveyance exchancled as herein p::ovidecl, tiren .a11 riEh'i:s anc'l
int.erests of 'the -SeIIers in and to said g;rs tr'el-I, t'rater sprinE,
1:ir.elines, h;ater s'trucLui'es, and easenents shall tirereupcir cease and
te;minate.
3. The Pur-chaser agrees, &s soon as :na1, be reascnabl-e after
)^1>ri1 10, 1-974, tha't he intcnds to rnake applrcation to the. tsoarc1 of
Couirty Connissj-oi:e.rs of Garfieid. County, Cclo-;a.lo, for necessa.ry
approval for such conr/e)Tances as hel-ein clescribsd, and. sha-[1- lse all
reasonable efforts of diligence to obtairr such approval, but it is
further understoocl anC agreed that the sole obligation of Purchaser
hereunder is to pay any fines, to defend any action to enjoin tl-re
conveyilnces hereunCer', and to coinply rsith any Court order in coni:ectior
tirereivith vrhj-ch nray be.t.evied or brouEht as the restrlt of Senate BilI
J!a Eii J J -
J
o/o
4- The purchaser agrees that, &t such tine as the
conveyance fron the Purchaser to the sellers of saici. ten-acre parcer,
as herein provided, is executed and clelivered, he shall also obtain
a reques't for part'j-aI re] ease of the first cleed of trust errci::,Jle:r:ing
'":rid real prop.=rty ai:cl .c.ruse the sai:re to be reccrded._
5. The teriirs of
i;rto the deed given at the
the Pur'chase Agreenent, but shalI continue beysn@ such closing lrrCtheir heirs, executors, aclainistrators,be binding upon the parties,
and assJ-gns
Ii\i IiITi,r'ASS i;IiEiiEOF the parties have cause.d this Agree.:nent
to be executed tiris 1Oth day of Apri1, 1974.
IilT'LL I 5 HA-IIRIS
SiL.L.E".S
this Closing Agreenent shal1 not be rrrergecl,
cl osing of -the transaction evidence,j by
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EXHIBIT B
SPECIAL WARRANTY DEED
JOHN W. SAVAGE and JOAI{ SAVAGE, husband and wife, rvhose
street address is ll22 293 Road, Rif1e, Garfield County, Colorado,
for no cash but for other good and valuable consideration hereby
seII and. convey to WILLIAIU M. HAYI.trES and VIILLIAI{ S. HARRfS, whose
street address is 2811 Lemmon Avenue East; Da11as, County of Dallas,
Texas, the following real property in the County of Garfield and
State of Colorado, to-wit:
A tract of land within the NLSEL of Section 27,Township 6 South, Range 94 West of the Sixth p.M.
and more particularly described as follows:
Beginning at the Northwest corner of the NELSEkof said Section 27; thence South 89" 47 | 36" Eastalong the north line of said NLSET 353.39 ft; thenceSouth 39"59'42" East 74.69 ft; thence South 12oOO'57"East 73.47 fU thence South 36"36 r 59r' East 64.L7 fLithence Sputh 45005t42" East 97.50 ft; thence South29039'54" West 6L4.72 fL; thence South 87"47r29" West231.26 ft; thence North 31"28'45" West 145.76 ft;thence North 57"56,42r' West 44L.55 ft. to a point onthe high bank of the Colorado River; thence alongsaid high bank with the following cal1s: North 85"
40124" East zLL.67 fLi thence North 30o52t32" East488.33 ft. to the POINT Of BEGINNING: and containing10.00 acres, more or Iess,
together with:
(a) A non-exclusive right of way 20 feet in widLh for access
and egress to the above described tract of land from Garfield County
Road 32A, said right of way located in the NI{kSWL of Section 2G, and
NEkSEk of Section 27, Tovrnship 6 South, Range 94 West of the 6th p.M.
Garfield County, Colorado, the centerline of which right of viay is
described as follows:
Beginning at a point on the right of vray line ofsaid county Road from whence the Eist euarter cornerof said section 27 bears North 03o35'13" Idest G26.ogfeet, thence North 62oL5'15'|t west 302.81 feet; thenceNorth 75426r08" West 260.57 feet; thence South B5o48,O7',West L75.23 feet; thence North 42oO2rO5t' Ii,est 225.6Lfeet to a point on the southeasterty line of above des-, cribed 10.00 acre tract, from whence the East corner ofsaid Lract bears North 29"39,54', East 20.36 feet,
(b) The right to use natural gas for domestic use for one
household from a gras rvell located within the sEksEk of sectiop 27 ,
Township 6 South, Rangre 94 hrest, from whence the East euarter corner
o
of said Section 27 bears North 06000'01" East 2,095.65 feet, and
the right to use the present existing pipeline and an easement
for the construction, operation, and maintenance of a pipeline
or pipelines, including the replacement thereof, with the prior
consent of John W. Savage which prior consent sha1l not be unrea-
sonably rvithheld, to transport gas from such natural gas well to
the above described 10 acre tract of Iand, said easements being
20 feet on each side of a centerline, the centerline of vrhich is
described as follovrs:
Commencing at the location of the above described
gas well and thence along and following the gas pipe-
line now in use and installed, the approximate route
of which pipeline from such gas well is North 33"07'54"
East 1354.20 feet; thence North 40"44I33" West 554.48
feet to a point "A"; thence North 40o44'33" West 17.03
feet; thence North 07"27'47" West 56.23 feet to a point
on the Northwest right of way of Garfield County Road
No. 320 from whence the East Quarter Corner of said
Section 27 bears North 16o55t24" West 483.30 feeti
a
3
The centerline of an easement sha1l also follow
the following described route: Beginning at saidpoint rtAtr from whence the East Quarter Corner of said
Section 27 bears North L6"40144" West 554.35 feet;
thence South 31o59t46" West L43.L2 feet; thence North
58o00'14rr West 52.00 feet; thence North 62"15 '15" West
302.81 feet; thence North 75025r08" West 260.57 feet;
thence South 85"48'07" west 175.23 feet; thence North
42o02t 05" West 225.6L feet to a point on the south-
easterly line of the above described 10.00 acre tract,
from whence the East corner of said tract bears North
29o39'54" East 20.36 feet.
(c) The right to use water for one household from a water
spring located in the SkNfk of Section 26, Township 6 South, Range
94 lt'est, from whence the East Quarter Corner of Section 27, Town-
ship 6 South, Range 94 West of the 5th P.M. bears South 83023'28"
I^trest 3871.58 feet and the right to use the present existing water
structure and an easement for the construction, operation, and
maintenance of a pipeline or pipelines or other water structures, in-
cluding the replacement thereof, vrith the prior consent of John W.
Savage, which prior consent shall not be unreasonably withheld, to
transfer vrater from such r.rater spring to the above described 10 acre
tract of 1and, said easement being 20 feet in rr,idth, lying 10 feet
on each side of a centerline, the centerline of which is described
as follows:
o
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Commencing at the location of the above describedpoint on the water spring and thence along and following
the presently located and installed water structure, the
approximate t'.oute of which structure is: Beginning at
the said water.spring from whence the East Quarter Corner
of Section 27, Township 6 South, Range 94 West of the 6th
P.M. bears South 83"23'28" West 3971.58 feet; thence
along the approximate location South 85o20'00" West
2616.81 feet; thence South 59"26t45" West 1261.88 feet toa water storage tank; thence South 85o50'24" West 6.78 feet
to point "B"; thence South 85"50'24" West 64.40 feet to apoint on the Northvrest right of v,ray of Garfield County
Road No. 320, from whence the East Quarter Corner of saidSection 27 bears North 24o02r36" West 439.23 feet.
The centerline of an easement shaIl also follow thefollowing described route: Beginning at said point xBrr
from whence the East Quarter Corner of said Section 27
bears North 31031132" West 455.10 feet; thence South
31o59'46" West 301.BI feet; thence North 58"00r14" West
52.00 feet; thence North 620L5'15rr West 302.81 feet;
thence North 75"26108tr West 260.57 feet; thence South
85"48r07 West L75.23 feet; thence North 42o02t05" West
225.6L feet to a point on the Southeasterly line of the
above described 10.00 acre tract, from whence the East
corner of said tract bears North 29"39'54" East 20.36 feet.
(d) .An easement for the construction, operation and mainten-
pipeline or pipelines for and structures or pipelinesgas
withand replacement thereof,the prior written consent of
ance of a
for water,
10 acre
feet on
John W. Savage, which prior written consent shal1 not be unreasonably
withheld to transport natural gas from the above described gas well
and rvater from the above described water spring to the above described
tract of 1and, said easement being 20 feet in width, lying 10
each side of a centerline,,the centerline of which is des-
cribed as follows:
Beginning at a point from whence East QuarterCorner of Section 27, Township 6 South, Range 94
West of the 6th P.M. bears North 25"30'03" East
505.14 feet; thence South 22o05'16" West 30.17feet; thence North 75"26r0B" West 260.57 feet;thence South 85"48'07" West L75.23 feet; thenceNorth 42o02'05" West 225.6L feet to a point on theSoutheasterly line of the above described 10.00acre tract, from whence the East Corner of saidtract bears North 29"39'54" East 20.36 feet.
together rvith all appurtenances and warrant the title against all
persons claiming under either or both JOHN W. SAVAGE and JOAII
SAVAGE, except taxes for the year L975 and exceptions and reser-
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vations in all applicable United States Patents.
JOHN W. SAVAGE reserves the right for a period of 5 years
from the date hereof to make changes in the location of.any such
easements or rights of way subject to the folJ-owing:
(a) Such changes are reasonable;
(b) All costs necessary for such changes shaIl be borne
and. paid for exclusively by JOHN W. SAVAGE, which costs shall
include but which are not necessarily limited to the foI1-owing:
1. Surveying and Engineering costs,
2. Any road or pipeline alterations necessary to
make such alternate easements or rights of way similar
in physical condition (roadway or pipeline) to the then
existing easements or rights of way for which they are
changed.
Signed as..of this day of , L975.
(sEAr)
.JUAN SAVAGE
STATE OF COLORADO
COUNTY OF GARFTELD
s5.
The foregoing instrument was acknowledged before me this
day of , L975, by JOHN W. SAVAGE AND JOAN SAVAGE,
husband and vrife.
WITNESS my hand and official seal.
Notary Publ-ic
My commission expires:
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?q UNITED STATES
DEPARTMENT OF THE INTERIOR
GEOLOGICAL SURVEY
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BOARD OF COUNTY COIVII,IISSIONERS
OF GARFIELD COUNTY
WHEREAS, WILLIAM M...HAYNES and WILLIAM S. HARRIS have petitioned
the Board of county commissioners of Garfield county for an exemption
for a 10 acre tract of land pursuant to Colo. Rev' Stats' (1973) '
Sec. 30-28-I0f(10) (d), and
WHEREAS, petitioners have at a regular meeting of the Board of
County Commissioners held this 21st day of JuIy , L975, showing to
the satisfaction of the Board that they desire the exemption of such
10 acre tract so that they may obtain 1ega1 title in their names to
such 10 acre tract which is a portion of a much larger tract which
they heretofore owned and had conveyed in total to JOHN W' SAVAGE' and
WHEREAS, petitioners have demonstrated to the satisfaction of the
Board that there is an adequate water spring, water structure and gas
supply and easdments therefore, as well as for a private easement to
the County Road are expected to be granted by JOHN W' SAVAGE upon his
conveyance of such 10 acre tract to wILLIAM M. HAYNES and WILLIAM S '
HARRIS, and
WHEREAS, the separation of such 10 acre tract of land out of the
larger tract owned by JOHN W. SAVAGE so that it can be conveyed to the
petitioners is not reasonably within the purposes of the subdivision
laws of the State of Colorado, or the County of Garfield and therefore
such tract should be exempted from the definition of "subdivision" and
,,subdivided 1and,, as set forth in Colo. Rev. Stats. (1973) 30-28-101
(I0) (a) .
NOW THEREFORE, upon motion duly made by
and second.ed by and carried, it is
PGSOLVED that the following tract of land:
A tract of land vrithin 15s SlSEk of Section
Tor.rnship 6 South, Range 94 h'est of the Sixth P
and n-,ore particularly described as foI'lor"'s:
Beginning at ttre Northr.rest corner of 95. 116fSEL
of sai6 Section 27; thence South 89" 47'36" East along
a;" north line of said plsEk 353- 39 feet thence South
39 o5 g' 42u East 7 4 - 69 f eeti thence South L2"'OA' 57"
East 73.47 feet; thence South 36"36'59" East 64-L7
feet; thence south 45"05t 42" East 97 -50 feet,' thence
South 29" 39' 54" I'Iest 6L4 -7 2 f eet; thence South
87"47'29" IVest 23L-26 feet; thence NorLh 3I"28'45"
Ir,est L45.76 feet; thence I'Iorth 57"55t42" I'Iest 441-55
feet to a point on the high bank of the colorado
River; thence along said f,igtr bank with the following
ca11s: (IIorth 85"40'24" East 2ll-67 feet; thence
North 30"52'32" East 488- 33. feet) to the POIIIT OF
BDGftiiif llG: ancl containing 10. 00 acres, more c' less.
27,
t4-
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oo
situate in Garfield County, State of Col-orado, is hereby exempted from
the definition of "subdivision" and "subdivided. land" as set forth in
Colo. Rev. Stats. (1973) 30-28-101(10) (a), and the transfer of such
tract may be made by thb owner JOHN W. SAVAGE to WILLIAM M. HAYNES and
WILLIAM S. HARRIS. A copy of the instrument of conveyance when made
and record.ed sha1l be filed with this resolution.
-2-
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-
Becorded. a t .../...i. -A.Q..-.. o' c I o ck---
trocePtioa 1(o 'J_68_8-98-
f . *. ..AUG 1 -8 1975 .-
II1a StePhens. Recorder
boufr477 P^r;r 499
SPECIAI WARRANTY DEED
JOHN W. SAVAGE and JOAN SAVAGE, husband and wife,
address is Ll22 293 Road, nifle, Garfield County, Colorado,
but for other good and valuable consideration hereby seII and
WILLfAM M. HAYNES and WILLIAM S. HARRIS, whose street address
2811 Lemmon Avenue East, Da11as, County of Da1las, Texas, the
real property in the County of Garfield and State of Colorado,
SIAIT D0CllLltllIARY f[t
AUG i 8 1975
@
whose street
for no cash
convey to
is
following
to-wit:
A tract of land within the N1/2SEL/4 of Section 2J,
Township 6 South, Range 94 West of the Sixth P.I'{.
and more particularly described as follows:
Beginning at the Northwest corner of the NElr/ASEI/4of said. Section 27i thence South 89"47'36" East along theNorth line of said NL/ZSEL/4 353.39 feet; thence South39"59'42" East 74.69 feet; thence South 12o00'57" East73.47 feet; thence South 36"36'59" East 64.L7 feet; thenceSouth 45o05'42" East 97.50 feet; thence South 29"39'54" West
6L4-72 feet; thence South 87"47'29" West 231.26 feet; thence:North 31o28'45" West L45.7 6 f eet; thence North 57"56'42" West
441.55 feet to a point on the high bank of the ColoradoRiver; thence along said high bank with the following ca11s:North 85"40124" East 2LL.67 feet; thence North 30"52'32" East
488.33 feet to the POfNT OF BEGINNING: and containing 10.00acres, more or Iess,
together with:
(a) A non-exclusive right of way 20 feet in width for access
and egress to the above described tract of land from Garfield County
Road 320, said right. of way located in the NWI/4SWL/A of Section 26, and
NEL/ASI.L/4 of Section 27, Township 6 South, Range 94 l{est of the 6th P.I',I.,
Garfield County, Colorado, the centerline of which right of way is
described as follows:
Beginning at a point on the right of way l-ine of said
County Road from whence the East Quarter Corner of said
Sectj-on 27 bears North 03o35'13" WesL 626.08 feet; thenceNorth 62"1-5'15" West 302.81 feet; thence North 75"26'08"
West 260.57 feeti thence South 85"48'07" West 175.23 feet;
thence North 42o02t05" West 225.61 feet to a point on theSoutheasterly line of above described 10.00 acre tract, from
whence the East corner of said tract bears North 29o39'54"East 20.36 feet;
household
Township 6 South,
of said Section 27
(b) The right to use natural gas
from a gas well located wj-thin the
for domestic use for one
SE-I/4SEl/4 of Section 27,
the East Quarter corner
2,096.65 feet, and the
Range 94 West, from whence
bears North 06o00'0I" East
right to use the present existing pipeline and an easement for the
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but)d77 PAct 5oCI
construction, operation, and maintenance of a pipeline, or pipelines,
including the replacement thereof, with the prior consent of John W-
Savage which prior consent shall not be unreasonably withheld, to
transport gas from such natural gas wetl to the above described t0
acre tract of land, said easements being 20 feet on each side of a
centerline, the centerline of which is described as follows:
Commencing at the location of the above described gas well
and thence along and following the gas pipeline now in use
and j-nstalled, the approximate route of which pipeline from
such gas well is North 33"07'54" East 1354.20 feet; thence
North 40"44133" West 554.48 feet to a point "A"i thence
North 40"44'33" West 17.03 feet; thence North 07o27'47"
West 56.23 feet to a point on the Northwest right of way of
Garfield County Road No. 320 from whence the East Quarter
Corner of said Section 27 bears North 16o55'24" West 483.30 feet;
The centerline of an easement shall also follow the following
described route: Beginning at said Poj-nt rrAtr from whence
the East Quarter Corner of said Section 27 bears North 16o40t44"
West 554.36 feet; thence South 31o59'46" West I43.12 feet;
thence.North 5Bo OO'14" West 52.00 feet; thence North 52o15 | 15"
West 302.81 feet; thence North 75026'08" West 260.57 feet;
thence South B5o48'O?" West 175.23 feet; thence North
42"02t05" West 225.61 feet to a point on the Southeasterly
line of the above described 10.00 acre tract, from whence the
East corner of said tract bears North 29039'54" East 20.36 feet;
(c) The right to use water for one household from a water
spring tocated in the SL/2NEL/4 of Section 26, Township 6 South, Range
94 West, from whence the East Quarter Corner of Section 27, Township 6
South, Range 94 West
right to
of the 6th P.I"1. "bears South 83o23'28" West 387I.58
use the present existing water structure and anfeet and the
easement for the construction, operation, and maintenance of a pipeline
or pipelines or other water structures, including the replacement thereof,
with the prior consent of John W. Savage, which prior consent shaI1 not
be unreasonably withhetd, to transfer water from such water spring to
the above descrj-bed 10 acre tract of 1and, said easement being 20 feet
in width, lying 10
which is described
feet on each
as follows:
side of a centerline, the centerline of
I
Commencing at the location of the.above described point on
the water spring and thence along and following the presently
located and installed water structure, the approximate route
of which structure is: Beginning at the said water spring
from whence the East Quarter Corner of Section 27, Township 6
South, Range 94 West of the 6th P.M. bears South 83o23128"
West 3971.58 feet; thence along the approximate location
South 85"20'00" West 2515.81 feeti thence South 59"26'45"
West 1251.88 feet to a water storage tank; thence South
2
I
soot 477 rAr;E 50 i
85"50t24" West 6.78 feet to point rlBrt' thence South 85o50'24"
West 64.40 feet to a point on the Northwest right of way ofGarfield County Road No. 320, from whence the East QuarterCorner of said Section 27 bears North 24"02'36" West 439.23
feet i
The centerline of an easement shall also follow the following
described route: Beginning at said point 1'Brr from whencethe East Quarter Corner of said Section 27 bears North
3Io3]'32" West 465.10 feet; thence South 3]o59'46" West
301.81 feet; thence North 58o00'14" West 52.00 feet; thence
North 62o15r15" West 302.81 feet; thence North 75026'08"
West 260.57 feet; thence South 85o48|07" West L75.23 feet;
thence North 42o02t 05" West 225.61 feet to a point on the
Southeasterly line of the above described 10.00 acre tract
from whence'the East corner of said tract bears North29"39'54" East 20.36 feet;
(d) An easement the construction, operation and maintenancefor
forof a pipeline or pipelines gas and structures or pipelines for water,
and replacement thereof, with the prior written consent of John W. Savage,
which prior written consent shall not be unreasonably withheld to trans-
port natural gas. from the above described gas well and water from the
above d6scribed water spring to the above described 10 acre tract of
Iand, said easement being 20 feet in width, Iying 10 feet on each side of
a centerline, the centerline of which is described as follows:
Beginning at a point from whence East Quarter Corner ofSection 27, Township 6 South, Range 94 West of the 5th P.M.
bears North 25030'03" East 505.14 feet; thence South
22"05t1-6" West 30.17 feet; thence North -75026'08" West 260.57feet; thence South B5o4B'07" West L75.23 feet; thence North
42"021 05" West 225.6L feet..to a point on the Southeasterlyline of the above described 10.00 acre tract, from whencethe East Corner of said tract bears North 29"39t 54" East
20.36 feet;
together with all appurtenances and. warrant the titl-e against all
persons claiming under either or both JOHN W. SAVAGE and JOAN SAVAGE,
except taxes for the year 1975 and exceptions and reservations in a1I
applicable United States Patents.
JOHN W. SAVAGE reserves the right for a period of 5 years from
the date hereof to make changes in th: location of any such easements
or rights of way subject to the following:
(a) Such changes are reasonable;
(b) AlI costs necessary for such changes shaIl be borne and
paid for exclusively by JOHN W. SAVAGE, which costs shalt include but
which are not necessarily limited to the following:
(I) Surveying and engineering costs;
3
\u t'
'dt)t)(,477 PAcE 5OZ
(2) Any road or pipeline alterations necessary to make
such alternate easements or rights of way similar in physical condition
(roadway or pipeline) to the then existing easements or rights of way
for which they are changed; provided, however, that if any road or
pipeline is not in existence and in place at the time such change is
made, the cost to Savage shall be limited to any surveying and engineering
costs incident to the change, and any attorneyrs fees incurred to
prePare and record documents modifying the easements and,/or rights of
way granted herein
11rSigned as of this .3n'l of , ]-975.
lu)
o W. SAVAGE
SEAL
SEALl. r.\z-
STATE OF COLORADO
COUNTY OF GARFIELD
cc
ns ruRent was
AVAGE
acknowleCged before
, L975, by JOHN W.
c
)
)
)
3oll The foregoi
day of
JOAN SAVAGE, hus w
I{itness my hand and official seal.
My commission expires aJ
v
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