HomeMy WebLinkAbout1.0 ApplicationGarfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
LAND USE CHANGE PERMIT
APPLICATION FORM
TYPE OF APPLICATION
O Administrative Review
❑ Limited Impact Review
❑ Major Impact Review
❑ Amendments to an Approved LUCP
❑ LIR ❑MIR ❑ SUP
Minor Temporary Housing Facility
Vacation of a County Road/Public ROW
Location and Extent Review
Comprehensive Plan Amendment
0 Major 0 Minor
❑ Development in 100 -Year Floodplain
❑ Development in 100 -Year Floodplain Variance
❑ Code Text Amendment
8 Rezoning
❑� Zone District El PUD 0 PUD Amendment
❑ Administrative Interpretation
{ ❑ Appeal of Administrative Interpretation
❑ Areas and Activities of State Interest
❑ Accommodation Pursuant to Fair Housing Act
O Pipeline Development 0 Variance
O Time Extension (also check type of original application)
INVOLVED PARTIES
Owner/Applicant
Name: Taani L (Rust) Martinez and Steven a& Gloria Strouse,
Mailing address: 335 and 337 Village Drive
City: Rifle
E-mail:
Phone: (
State: CO Zip Code: 81650
Representative (Authorization Required)
Name: Garfield County Community Development
Mailing Address: 108 8th Street
City: Glenwood Springs
E-mail: tallen@garfield-county.com
Phone: ( 970 ) 945-8212
State: CO Zip Code: 81601
PROJECT NAME AND LOCATION
Project Name:
Martinez & Strouse Official Zone District Map Correction
Assessor's Parcel Number:
Physical/Street Address: 217720210002, 003, 004 and part of 001
RIFLE VILLAGE SOUTH FILING NO. 1 AMENDED Block. 10 Lot PARCEL 4 AMENDED OF PARCEL B AND LOTS 29, 30 AND 31_ BLOCK 8 PLAT, REC#804128
Legal Description:
NW Section: 20 Township: 6 Range: 93
Zone District: Residential Urban Property Size (acres): 8.49 acres
PROJECT DESCRIPTION
Existing Use:
Proposed Use (From Use Table 3-403):
Description of Project: resolution 2006-69 rezoned the Rust/Martinez/Strouse property from Residential Limited Urban Density to AARD.
This change to AARD was never reflected in the official zone district map. In 2008 the AARD was converted to today's Rural Zone District.
REQUEST FOR WAIVERS
Submission Requirements
0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: Section:
Section: Section:
Waiver of Standards
0 The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: Section:
Section: Section:
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
Signature of Property Owner Date
OFFICIAL USE ONLY
File Number: Z --h -LLL QL Fee Paid: $ 9S.
00
111111111111 111111 111111 1111111111111111110111 NEI
586122 98/13/2001 12:59P 61276 P661 M RLSooRF
3 of 3 R 15.00 D 9.00 GARFIELD COUNTY CO
EXHIBIT I
01000061 •EXCEPTIONS
Pile Number'
1. Distribution utility easements (including cable TV).
2. Those °pacifically dencrihed right:u of third parties' not shown by the public:
records of which Buyer han actual knowledge and which were accepted by Buyer in
accordance with paragraph Ob of contract Noun No. CDS 1-9-99 {Matters Not Shown
by the Public Record°].
3. Incl union of the Property within any special taxing dint:rict:.
4, The benefitu and burden° of any declaration and party wall agreements, it any.
5. 2001 taxer and arneoumentu, a lien not yet due and payable.
6. Right of way for ditches or canalis constructed by the authority of the United
States, au reuervcd iu United States Patent recorded Mary 23, 1955 in nook 282
at Page 580.
7. Right of way for pipeline to be constructed along the East line of NW1./4 of
Section 20, 'ep. 6 S , R. 93 W., as reuervcd by instrument recorded February .17.
1914 in Book 93 at Page 25'1 and June.. 20, 1930 in Book 159 at Page 156.
0. Right of way of. the Town of. Rifle to construct, operate and maintain a waste
water ditch acrouu the E1/2NW1/4 of Section 20, Tp. 6 S., Rg. 93 W., as granted
by instrument: recorded April 13, 1907 iu Hook 67 at Page 7.19.
9. One-half of the oil, gar), petroleum, hydrocarbons and mineral° on or within
nuhjer_. property, together with the right to enter upon the name to pronpecI:
for, mine and remove the came, as reeerved to Glenn L. ZanLrow and Eva M.
Zantrow by inutrument recorded Augunt. 12, 1960 in Hook 329 at Page 160, and any
and all asoignmentt thereof or intereato therein.
10. Terms, agreement°, provisions, conditions and obligations of Reuolut:ion No.
95-016, issued by the Board of county Commisuionern recorded March 1, 1995 in
Book 933 at Page 97 au Reception No- 4'15002.
11. Term, agreements, provioionn, conditions and ohligationa of Connnunitiaation
Agreement between the Bureau of Land Management and Barrett Reeourcen
Corporation, Yateu Petroleum Corporation, Yates Drilling Company, ADO
Petroleum Corporation, Myco industries, Inc., and Oryx Energy Company recorded
June 25, 1993 in Book 966 at Page 095 au Reception No. 449092.
12. Grantee, or grantee's heirs or ansignu, may not formally subdivide said
property for a period of five (5) yearn from the date of cloning (Auguut 10,
2001) without written permission from grantor or grantor'' heir' or au°ignu.
AKA
J
//er Number: 01000861
SCHEDULE ,t
L iAL ,DESCRIPTION
A TRACT OF LAND SITUATED IN TIIE NE1/4NW1/4 OF SECTION 20, TOWNSHIP 6 SOUTH,
RANGE 93 WEST, 6TH PRINCIPAL MERIDIAN, BEING LOCATED WITHIN THE BOUNDARY LINE
OF THE RIFLE VILLAGE SOUTH SUBDIVISION, FIRST FILING, AS FILED IN THE OFFICE
OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AS DOCUMENT NO.
227220, DESCRIBED AS FOLLOWS:
BEGINNING AT
A BRASS CAP,
THENCE S. 30
FOOT STREET;
THENCE ALONG
212.11 FEET,
THENCE S. 89
FOOT STREET;
THENCE N. 00
SAID SUBDIVI
THENCE N. 89
SUBDIVISION
THENCE S. 00
SUBDIVISION
THE SOUTHEAST CORNER OF SAID NE1/4NW1/4, BEING AN IRON PIPE WITH
PROPERLY MARKED AND IN PLACE;
DEGREES 50'30" W. 2.40 FEET TO THE NORTHEASTERLY LINE OF A 60
THE ARC OF A CURVE TO THE LEFT 166.46 FEET HAVING A RADIUS OF
THE CHORD OF WHICH BEARS N. 67 DEGREES 59'36"W. 162.24 FEET;
DEGREES 31'19"W. 413.91 FEET ALONG THE NORTHERLY LINE OF SAID 60
DEGREES 32'20" W. 650.00 FEET TO THE SOUTHERLY LINE OF BLOCK 8 OF
SION;
DEGREES 31'19" E. 565.00 FEET ALONG THE SOUTHERLY LINE OF SAID
TO A POINT ON THE EASTERLY LINE OF SAID SUBDIVISION;
DEGREES 32'20"E.710)11ET ALONG THE EASTERLY LINE OF SAID
TO THE POINT OF BHOINfy 'NG.
COUNTY OF GARFIELD
STATE OF COLORADO
.PROJECT .DESCRIPTION
ExistinUse:
Proposed Use (From Use Table 3-403):
Description of Project: resolution 2006-69 rezoned the RusUMartinez/Strouse property from Residential Limited Urban Density to HARD.
This change to AARD was never reflected in the official zone district map. In 2008 the HARD was converted to today's Rural Zone District.
REQUEST FOR WAIVERS
Submission Requirements
0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: Section:
Section: Section:
Waiver of Standards
❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: Section:
Section: Section:
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
Signature of Property Owner
IL/
OFFICIAL USE ONLY
File Number:___„___ __r_
GARFIIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsirnile: 970.384.3470
Ec VED
AUG 1 5 2005
BUILDING 6c PtlAiVNING
Zone District / Comprehensive Plan Map Amendment
GENERAL INFORMATION
(To be completed by the applicant.)
➢ Name of Property Owner (Applicant):_ (Q,h t Tashi RU6+
➢ Address: � J' Vi Hole e U r• Telephone: 10% :44 IUP
• City: -kickState: Cb Zip Code: $IteS0 FAX: 625 '411(0
G�iii; ?)'1 5530
• Name of Owners Representative, if any (Planner, Attomev, etc):
N1�
Address: Telephone:
Y City: State: Zip Code: FAX:
r Street Address / General Location of Property: 335 V 1I e
Rid lei (D 81(05t
• Legal Description: iyaC of Iand in -144e NE ' 4 1004 4 Sect .
-low► ip 9)U+ rale 91) weS+, vihGlpcl ( meridiah
Y Existing Use & Size of Property (in acres): IrtsidthfiaI 8.4 cures
Y Property's Current Zone District Designation RLUT
Y Proposed Zone District Designation: kR.1.1)
Property's Current Comprehensive Plan Designation:
y Property's "Study Area" Designation:
- 71-71 202 bO'OOZ
STAFF USE ONLY
Y Doc. No.: Date Submitted: TC Date:
Y Planner: Hearing Date:
L APPLICATION SUBMITTAL REQUIREMENITS
As a minimum, specifically respond to all the following items below and attach any additional information to
be submitted with this application:
1. The Colorado Revised Statutes (CRS) establish general standards of review for rezoning land
in the county. The standard used to review a rezeriirig request depends Ori whether the
proposed rezoning is in compliance with the Comprehensive Pian. If to, the proposed rezoning
need only bear a reasonable relationship to the general welfare of the community. If the
rezoning would be in conflict With the Comprehensive Plan, the Applicant generally needs to
Stift either 1) that an error was made in establishing the current zoning, or 2) that there has
been a change in the conditions of the neighborhood that supports the requested zone change.
Depending on the subject property's Comprehensive Pian designation as mentioned above,
you will need to appropriately address one Of the following standards in a narrative form being
as descriptive and specific as possible:
A. The proposed rezoning for the subject property is in compliance with the
Comprehensive Plan. As such, the proposed rezoning bears a reasonable
relationship to the general welfare of the community.
B. If the rezoning would be in conflict with the Comprehensive Plan, the Applicant
generally needs to show either 1) that an error was made in establishing the current
zoning, or 2) that there has been a change in the conditions of the neighborhood that
supports the requested zone change.
2. If the proposed zoning of the subject property conflicts With the current designation as defined
on the Comprehensive Plan's Proposed Land Use Districts Map, ari Applicant may wish to
amend the Comprehensive Plan designation so that the proposed rezoning does not conflict
with the Comprehensive Plan Map. If an Applicant requests to amend this Map, they will need
to provide a thorough narrative that shows how their proposed Comprehensive Plan
'designation is better suited than the existing designation by addressing the goals, obiectives,
policies, and programs listed for that designation in the Comprehensive Plan. This information
can be obtained from the Building and Plartriing Department upon request.
3. Submit a zoning map showing the current zoning of the subject property and adjacent
properties.
4. Submit a vicinity map showing relative location of the property at a scale of 1" = 2000', and
extending at least % mile from all property boundaries.
5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all
mineral rights owners of the subject property and public and private landowners adjacent to the
property.
6. Submit a list of all property owners and their addresses adjacent to or within 200 ft. Of the site.
This information can be obtained from the Assessor's Office.
7. Submit a copy of the deed and a legal description of the subject property.
8. If you are acting as an agent for the property owner, you must attach an acknowledgement
from the property owner that you may act in his/her behalf.
9. Submit payment of the $450.00 Base Fee: Applicant shall sign the `Agreement for Payment"
form and provide the fee with the application.
10. Submit 2 copies of this completed application farm and all the required submittal materials to
the Building arid Planning Department. Staff will request additional copies once the application
has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
(A Zone District Map Amendment is considered a two step process because it is first reviewed by
the Planning Commission which makes a recommendation to the Board of County Commissions.
The following steps outline how the Zone District Map Amendment application review process
works in Garfield County.)
1. Submit this completed application form (pages 1-4), base fee, arid all subrnittal requirements t�
the Garfield County Planning Department. It will be received and given to a Staff Planner who
will review the application for technical cornpleteriess.
2. Once the application is deemed technically complete, the Staff Planner wilt send you a tetter
indicating the application is complete. In addition, the letter win indicate the dates and times
scheduled for your request to be heard before the Planning Cofl ission during a public
meeting (no notice required) and the Board of County Commissioners during a public nearing
(notice required). The Planning Commission will forward a recommendation to the Board of
County COMMissioners to be considered during a properly noticed public hearing. Staff will
send you the appropriate "Public Notice Form(s)" indicating the tittle and date of your public
hearing and will provide you with a Staff Memorandum regarding your requested Zone District
Amendment. (If Staff determines your application to be deficient, a fetter will be sent to you
indicating that additional information is needed to deem your application complete.)
3. Please note, if an application includes a request to amend the current designation as defined
on the Comprehensive Plan's Proposed Land Use Districts Map, the request may be
considered at the same meeting before the Planning Commission. However, the request to
amend the Comprehensive Plan shall be considered prior to the request to amend the zoning
map. In addition, the Applicant shall be required to provide proper notice (as described below)
for the request to amend the Comprehensive Plan for the Planning Commission to hold a
public hearing an the request. Further, the Planning Commission is the final decision maker on
the Comprehensive Plan amendment request whereas the Planning Commission will make a
recommendation on the rezoning request to the Board of County Commissioners.
4. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the public
hearing before the Planning Commission and / or the Board of County Commissioners. 1f
proper notice has not occurred, the nubile hearing will not occur. Notice requirements are as
follows:
a, Notice by publication, including the name of the applicant, description of the subject lot,
a description of the proposed amendment and nature of the hearing, and the date, time
and place for the hearing shall be given once in a newspaper of general circulation in
that portion of the County in Which the subject property IS located at least thirty (30) but
riot more than sixty (60) days prior to the date of such hearing, and proof of
publication shall be presented at hearing by the applicant.
b. Notice by mail, containing information as described under paragraph (1) above, shall be
mailed 10 all owners of record as shown in the County Assessor's Office of lots within
two hundred feet (200') of the subject tot and to all owners of mineral interest in the
subject property at least thirty (30) but not more than sixty (60) days prior to such
hearing time by certified return receipt mail, and receipts shall be presented at the
hearing by the applicant.
c. The site shall be posted such that the notice is clearly and conapieuously visible from a
public right-of-way, with notice signs provided by the Planning Department. The
posting must take place at least thirty (30) but not more than Sixty (60) days prior to the
hearing date and is the We responsibility of the applicant to post the notice, and
ensure that it remains posted until and during the date of the hearing.
5. The Applicant is required to appear before the Planning Commission and the Board of County
Commissioners at the time and date of the public meeting / hearing at which time they will
consider the request. In addition, the Applicant shall provide proof at the hearing before the
Board of County Cornrhissioners (and Planning Commission for an Amendment to the
Comprehensive Plan) that proper notice was provided.
6. Once the Planning Commission and/ or the Board of County Commissioners make a decision
regarding the request(s), Staff will provide the Applicant with a signed resolution memorializing
the action taken by either Board. Following the Boards' approval, this Office will change the
property's zoning designation on the zoning map and the Comprehensive Plan Map (if so
decided) if approved.
i have read the staternerits above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
(Signature I ci an (i ner)--
Last Revised: 12/02/2002
8/16/05
Date
We are requesting that our zoning be changed from RLUD to ARRD. Our property is
an 8.499 acre parcel on the northeast boundary of the Rifle Village South Subdivision.
It is bordered on the east side by property that is zoned ARRD and by a 6 acre parcel
on the west side that is RLUD. The northern side is bordered by property owned by
the Garfield County Board of Commissioners that consists of big gullies and that is
not viable for development. The southern property line is bordered by Village Dr.
The subdivision is completely surrounded by property zoned ARRD.
We need the zoning change to be able to apply for a special use permit that would
allow for an AUD on our property. We would like to provide a home for our parents
to help allow them to retire someday. We built a 3100 sq. ft. home 3 years ago and
would like to build a small home for them. Our current zoning within the subdivision
boundaries does not allow for ADUs. We do have approval from the City of Rifle for
water and sewer for another home.
The Rifle Village South Subdivision is a rural setting. This change in zoning would
be an extension of the zoning on the western boundary of our property and be very
consistent with the property surrounding the subdivision.
RECEIVED
MAR 0 7 2006
GARF=IELD COUNTY
BUILDING & PLANNING
SUPPLEMENT TO
APPLICATION FOR REZONING
BRIAN AND TAANI RUST
Applicants own 8.49 acres of residential property located at 335 Village Road, Rifle Colorado.
Applicants seek to rezone the property from R/L/UD to the lower -density zone designation of
A/R/RD. The purpose of the rezoning application is to obtain zoning allowing an ADU.
The Comprehensive Plan Study Area for the property is "3". The current Comprehensive Plan
Designation is "Subdivision."
Here, the Comprehensive Plan Designation of"Subdivision" is consistent with Applicants' proposed
zoning of A/R/RD. A/R/RD zoning of the property also provides for a reduced density from
R/L/UD, even with the possibility of a future ADU. Further, the property is adjacent to other
A/R/RD-zoned property to the east. Therefore, the proposed rezoning of the property is in
compliance with the Comprehensive Plan and bears a reasonable relationship to the general welfare
of the community.
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Mineral Rights Owners
Glenn & Eva Zastrow
330 McCarron Ave
Rifle, CO 81650
(one/half)
AMENDED PLAT
RIFLE VILLAGE SOUTH, FILING NO. 1, PARCEL B. AND LOTS 29, 30 AND 31, BLOCK 8
A PARCEL OF LAND SITUATED IN THE N81/4NW1/4 SEC. 20, T6S., R.93W., OF THE 6TH P.M.
COUNTY OF GARFIELD, STATE OF COLORADO.
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ADJACENT PROPERTY OWNERS - ZONE CHANGE FOR STROUSE/MARTINEZ
2177-202-01-018 Diamond Resources P.O. Box 1054 Englewood CO 80150-1054
2177-202-01-019
2177-202-01-020 Russel Backhouse & Peter Clarke P.O. Box 1483 Breckenridge CO 80424
2177-202-01-021
2177-202-01-022
2177-202-01-023
2177-202-01-024
2177-202-01-025
2177-202-01-026
2177-202-01-027
2177-202-01-028 Strouse/Martinez
2177-202-00-011 Russel Backhouse P.O. Box 1483 Breckenridge CO 80424
2177-202-05-049 Ellen and Michael Kuper 434 Village Dr. Rifle, CO 81650-9643
2177-202-05-048 Tamara and Benny Terry 412 Village Dr. Rifle, CO 81650-9643
2177-202-05-050 Federa Home Loan Mortgage Corporation 5000 Plano Parkway Carrollton TX 75010
2177-202-05-035
2177-202-05-053
2177-202-05-052 Linda Loy 16 Remington St Rifle CO 81650
2177-202-05-041 Stephen and Carolyn Campbell 330 Village Dr Rifle 81650-9641
2177-202-05-042 Mark Weathers 296 Village Dr Rifle
2177-201-01-001 Pamela Burwell 285 Village Drive Rifle CO 81650
2177-201-01-002 Chantel and Seth Salisbury 245 Village Dr Rifle CO 81650
2177-191-00-316 Alleman Nicholas Campbell LLC P.O. Box 1103 Minturn CO 81645
2177-201-00-011 Piceance Energy LLC C/O KE Andrews & Co 1900 Dairock Rd Rowlett TX 75088
2177-202-05-037
2177-202-05-002 Pamela Hesselberg & James Wilson 37 Remington St Rifle CO 81650
2177-202-05-001 Scott & Ariel Stricklan 15 Remington St Rifle CO 81650
Mineral Owners Glenn & Eva Zastrow 330 McCarron Ave Rifle CO 81650
1111111 111111 1111111 111 11111 111111 111111111 1111111111111
693267 03/02/2006 01:25P 61776 P351 M ALSDORF
1 of 2 R 11.00 D 4.30 GARFIELD COUNTY CO
MINERAL DEED
NO REAL PROPERTY
TRANSFER DECLARATION
ACCOMPANIED THIS DOCUMENT
Eva M. Zastrow, C/O Roger Zastrow of 2405 Meadowlark Lane,
Glenwood Springs, CO 81601, hereinafter called Grantor, is the owner of a fifty
percent (50%) interest of the oil, gas and other minerals that may be produced from the
property described below. The Grantor, for and in consideration of the sum of ten and more
dollars ($10.00), cash in hand paid, and other good and valuable considerations, the receipt
of which is hereby acknowledged, has hereby granted, bargained, sold, conveyed,
transferred, assigned and delivered unto Robert B. Emerson, an undivided twenty
percent (20%) and unto Chad J. Barsness, (collectively "Grantees", each of whose
address is 86 South Third Street, Carbondale, CO 81623), an undivided thirteen
and one-third percent (13.333%) of Grantor's right, title and interest in and to the oil, gas
and other minerals in and under and that may be produced from the following described
lands situated in Garfield County, Colorado, to -wit:
Township 6 South, Range 93 West. 6th P.M.
Section 16: That part of Lot 4 lying South of the D&RGWRR
right-of-way, said part containing 40.00 acres,
more or less
Section 17: Lot 6 (35.00), SESW, and Lot 8 (40.00) LESS
AND EXCEPT 2.34 acres
Section 18: Lot 12 (20.50)
Sectionl9: ENE_
Section 20:\ N2NW, ENW, S2NE
Containing 413.16 acres, more or less.
It is the specific intent of this instrument to convey one-third (33.333%) of the
Grantor's right, title and interest in the above-described property, twenty percent (20%) to
Robert B. Emerson and thirteen and one-third percent (13.333%) to Chad J. Barsness, said
Grantees to receive their proportionate share of all bonuses, rents, royalties, production
payments, or monies of any nature accrued in the past or future regarding said thirty three
and one-third percent (33.333%) of the Grantor's interest conveyed hereby. Grantor
reserves unto herself the remaining two-thirds (66.667%) of the Grantor's interest.
This sale is made subject to any rights now existing to any lessee or assigns under any
valid and subsisting oil and gas lease of record heretofore executed, it being understood and
agreed that said Grantees shall have, receive and enjoy the herein granted undivided
interests in and to all bonuses, rents, royalties, and other benefits which may accrue under
the terms of said lease insofar as it covers the above described land, precisely as if Grantees
herein had been at the date of the making of said lease the owner of a similar undivided
interest in and to the land described and Grantees the lessors therein.
)
PIUSEHT O. EMbRSON, PC, -0,2
86 South Third Street 0
gehhe t . Carbondale. Co. 81823
111E11 11111 1111111 111 11111 111111 111111111 11111 11111111
693267 03/02/2006 01:25P B1776 P352 M ALSDORF
2 of 2 R 11.00 D 4.30 GARFIELD COUNTY CO
Grantor agrees to execute such further assurances as may be requisite for the full and
complete enjoyment of the rights herein granted.
TO HAVE AND TO HOLD the said above-described property and easement with all
and singular the rights, privileges, and appurtenances thereunto or in any wise belonging
to the said Grantees herein, their respective heirs, successors, personal representatives,
administrators, executors, and assigns forever.
EXECUTED this a j s+ day of -4 , 2006.
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
EVA M. ZASTROW
By: /! [W.&�l1�1/� Gt/
Roger Zastr w, her attorney in fact
Subscribed, sworn to, and acknowledged before me this .704A- day of
art&A n , 2006, by Roger Zastrow as attorney in fact for Eva M. Zastrow.
Witness my hand and official seal.
i
My commission expires: 7 -1 - 0 $
2/20/06-E:\Data\Assistantl\wpdata\Rbedoc-J\zastrow mineral deed to rbe & cjb2.wpd
1 1111111111111111111111111111111111111 111 11111 1111 1111 ',,,rt
692701 02/23/2006 10:266 81774 P138 M ALSDORF
1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO
MINERAL DEED
KNOW ALL MEN BY THESE PRESENTS:
That Apollo Energy, LLC, of 1557 Ogden Street, Suite 300, Denver, CO 80218, hereinafter called Grantor, for and in
consideration of the sum of ten and more dollars ($I0.00), cash in hand paid, and other good and valuable considerations, the
receipt of which is hereby acknowledged, has hereby granted, bargained, sold, conveyed, transferred, assigned and delivered unto
Eva M. Zastrow, C/O Roger Zastrow of 2405 Meadowlark Lane, Glenwood Springs, CO 81601 hereinafter called Grantee,
all of Grantor's right, title and interest in and to the oil, gas and other minerals in and under and that may be produced from the
following described lands situated in Garfield County, Colorado, to -wit:
Townshp 6 South Range 93 West, 6th P.M.
Section 16: That part of Lot 4 lying South of the D&RGWRR right of way,
said part containing 40.00 acres, more or less
Section 17: Lot 6 (35.00), SESW, and Lot 8 (40.00) LESS AND EXCEPT
2.34 acres
Section 18: Lot 12 (20.50)
Section 19: NENE
Section 20: N2NW, SENW, S2NE
Containing 413.16 acres, more or less together with the right of ingress and egress at all times for the purpose of
mining, drilling, exploring, operating and developing said lands for oil, gas and other minerals, and storing, handling,
transporting and marketing the same therefrom with the right to remove from said land all of Grantee's property and
improvements.
Notwithstanding, it is the specific intent of this instrument to convey all right, title and interest in the above-described
property to the Grantee, said Grantee to receive all bonuses, rents, royalties, production payments, or monies of any nature
accrued in the past or future.
This sale is made subject to any rights now existing to any lessee or assigns under any valid and subsisting oil and gas
lease of record heretofore executed, it being understood and agreed that said Grantee shall have, receive and enjoy the herein
granted undivided interests in and to all bonuses, rents, royalties and other benefits which may accrue under the terms of said
lease insofar as it covers the above-described land, precisely as if the Grantee herein had been at the date of the making of said
lease the owners of a similar undivided interest in and to the land described and Grantee the lessors therein.
Grantor agrees to execute such further assurances as may be requisite for the full and complete enjoyment of the rights
herein granted and likewise agrees that Grantee herein shall have the right at any time to redeem for said Grantor by payment,
any mortgage, taxes, or other liens on the above-described land, upon default in payment by Grantor, and be subrogated to the
rights of the holder thereof.
TO HAVE AND TO HOLD the above-described property and easement with all and singular the rights, privileges, and
appurtenances thereunto or in any wise belonging to the said Grantee herein, their heirs, successors, personal representatives,
administrators, executors, and assigns forever. Grantor does hereby warrant and defend said title to Grantee, by, through and
under Grantor, but not otherwise.
EXECUTED this [ 3"/1"`
day of Fe 44"``"/ , 2006.
APOLLO F,iQERGY, L
By: Louis A. Oswald, III, Operations Manager
STATE OF COLORADO 1
] ss.
COUNTY OF DENVER 1
Before me, the undersigned, a Notary Public, in and for said County and
Febrtcar 11 , 2006 personally appeared Louis A. Oswald, III, Operations Man
me known to be the identical person(s), described in and who executed the within and forego
authorized to act on behalf of said entity, and acknowledged to me that he duly executed
and deed for the uses and purposes therein set forth.
Given under my hand and seal of office the day and year last above written.
My commission expires: (p -..2-07t10`)
day of
LLC, to
ing duly
act
"peitAao ; HUBEkT B. EMERSON, PC /,./
88 South Third Street
Carbondale, Co. 81623
MINERAL DEED
STATE OF COLORADO }
COUNTY OF GARFIELD }
KNOW ALL MEN BY THESE PRESENTS, That Eva M. Zastrow, a widow, 330 McCarron Ave., Rifle, CO 81650, hereinafter
referred to as GRANTOR, for and in consideration of the sum of TEN DOLLARS, ($10.00) cash in hand paid, and other valuable
considerations, which is acknowledged, does hereby grant, bargain, sell, convey, and deliver unto the said APOLLO ENERGY, LLC, 1557
Ogden St., Suite 300, Denver, CO 80218, hereinafter referred to as GRANTEE, all of GRANTOR'S right, title and interest in and to all of
the oil, gas, and other minerals, in and under, and that may be produced from the following described lands situated in Garfield County,
Colorado to wit:
Township 6 South, Range 93 West, 6th P.M.
Section 16: That part of Lot 4 lying South of the D&RGWRR right of way, said part
Containing 40.00 acres, more or less
Section 17: Lot 6(35.00), SESW, and Lot 8(40.00) LESS AND EXCEPT 2.34 acres
Section 18: Lot 12(20.50)
Section 19: NENE
Section 20: N2NW, SENW, S2NE
containing 413.16 acres, more or less, together with the right of ingress and egress at all times, for the purpose of mining, drilling,
exploring, operating, and developing these lands for oil, gas, and other minerals, and storing, handling, transporting, and marketing them with
the right to remove all of GRANTEE'S property and improvements.
This sale is made subject to any rights now existing in any lessee or assigns under any valid and subsisting oil and gas lease of
record; it being understood that GRANTEE shall have the above granted undivided interest in and to all bonuses, rents, royalties, and other
benefits which may accrue under the terms of such lease, insofar as it covers the above described land, from this date, precisely as if
GRANTEE had been the owner of a similar undivided interest at the date of such lease and a lessor therein.
GRANTOR agrees to execute and deliver such other and additional instruments, notices, transfer orders, and other documents, and to
do all such other and further acts and things, as may be reasonably necessary to more fully and effectively grant, convey, and assign to
GRANTEE, the rights, interests and properties, conveyed or intended to be conveyed hereby. Notwithstanding, it is the specific intent of this
instrument to convey all right, title, and interest in the above described property to the GRANTEE. Said GRANTEE, to receive all bonuses,
rents, royalties, production payments, or moneys of any nature accrued in the past or future. It is further understood that this conveyance is a
transfer of production payments and pooled acreage benefits to the GRANTEE. This instrument shall permit the GRANTEE to sign all
papers as the GRANTOR'S Attorney -In -Fact for the above captioned tract of land. The GRANTOR acknowledges and agrees that the
GRANTEE has made no representation or warranty of any kind to the GRANTOR to entice or encourage the GRANTOR to execute this
instrument and to receive consideration therefor. GRANTOR recognizes and acknowledges that the interest herein conveyed may be worth
more than the consideration received by the GRANTOR therefor, particularly in the event that drilling or production activity on the interest
herein conveyed or in the vicinity thereof proves successful. GRANTOR recognizes and agrees that he/she/they have been given the
opportunity to ask any questions that he/she/they may desire of the GRANTEE, and that the responses thereto given by the GRANTEE were
satisfactory to the GRANTOR.
TO HAVE AND TO HOLD the above described property and easements, together with all of the rights, privileges, and
appurtenances belonging to GRANTEE, its heirs, successors, personal representatives, and assigns forever, and GRANTOR warrants the title,
and agrees to defend the property unto the said GRANTEE, its heirs, successors, personal representatives, and assigns against all persons
claiming the same or any part thereof. For the same consideration, GRANTOR also grants, sells, conveys, transfers and assigns to
GRANTEE, its heirs and assignees, all of GRANTOR'S interest in any production of oil, gas or other minerals from the lands covered hereby
prior to the date hereof together with any production now held in storage, and any sums of money, suspended runs or accounts of any type or
character, due or owing to GRANTOR by reason of any such prior production, and all of the GRANTOR'S future interest and after acquired
title in and to the above described minerals and royalties.
And, GRANTOR waives and releases all right of homestead in this property in so far as the homestead right may affect the purpose
of this deed.
THIS MINERAL DEED shall be binding on the parties hereto, their successors, and assigns and is executed this /3 day of
September, 2004. !T
Eva M. Zastrow
STATE OF COLORADO
COUNTY OF GARFIELD
}
} ss.
}
ACKNOWLEDGMENT
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this ' rA day of September, 2004, personally appeared
Eva M. Zastrow, dealing in her sole and separate property, to me known to be the identical person(s), described in and who executed the within and foregoing
instrument of writing and acknowledged to me that she executed the same as her free and voluntary act and deed for the uses and purposes therein set forth.
In witness whereof, I have hereunto set my hand and affixed my notarial seal the day and year last written above.
!Mir:Atrial Ekk! .s.
.....,, b f / cV aoa d
-. r.. � t / Notary Public
cn :G •
-, y.. fv • ,.�.
1 111111 11111111111 111 1111111 11 11111111 111 11111 1111 1111
660415 09/24/2004 11:54P B1625 P286 M ALSDORF
1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO