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1.0 Application
• 1 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION 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 undersigned ! , t , -.414 . e_ respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 3 c) acre tract of land into 3 ` 2} ion &Lite --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: to a S ,boL,Ve 9 tracts of approximately _ SUBMITTAL 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; B. 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 D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees ofmineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community of municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and I. 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 on January 1, 1973. J. A $300.00 fee must be submitted with the �,pplication. Ovei v - Peliti no of )d' /) 4 `f Mailing, Address S , <3./62_, City [ State Telephone Number 1 EXEMPTION APPLICABILITY The Board of County 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 stated purpose of the Subdivision Regulations nor be 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 met; 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 E. All state and local environmental health and safety requirements have been met 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 H. 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). PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Department of Development/Planning Division. Two (2) copies of the application maps and supplemental information shall be submitted. B. The Planning Division shall review the exemption request for completeness within eight (8) days of submittal. If 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 mail, 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 of any 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 (31 days prior to the meeting. The applicant shall be responsible for mailing the 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. WRJ-5-Rev. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. Ref # MH -26740 COI1110ADO DIVISION OF WATER RESOUS 818 CeWnial Bldg., 1313 Sherman St., Denver, Colors 0203 PERMIT APPLICATION FORM (XX) A PERMIT TO USE GROUND WATER (XX A PERMIT TO CONSTRUCT A WELL FOR: (Xx) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO ( ) OTHER WATER COURT CASE NO (1) APPLICANT - mailing address NAME Anthony J Zelenka STREET P_O_ BOX 1144 CITY Glenwood Springs, ('o_ 81602 (State) (Zip) TELEPHONE NO (970) 963-3894 (2) LOCATION OF PROPOSED WELL County Garfield SE '1% of the NW '/<, Section 33 Twp. 5 S Rng. 91 _jam, 6th P.M. IN,S) IE,W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 1 5 Average annual amount of ground water to be appropriated (acre-feet): 1 . 5 Number of acres to be irrigated: 1 Proposed total depth (feet): 120 Aquifer ground water is to be obtained from: Tributary Owner's well designation GROUND WATER TO BE USED FOR: ( ► HOUSEHOLD USE ONLY - no irrigation (0) (x4 DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Shelton DRilling Corp. Street P.O. Box 1059 City Basalt, Co. 81621 (State) (Zip) Telephone No. 927-41 82 Lic. No 1 095 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 PR ISED 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. + - - + - ± - - -+- - + - -+- - 4- 44--- 1 MILE, 5280 FEET --*I -1- + + + + + -- + 4_NORTH+ I W z_ J z 0 c.) W N W NORTH SECTION LINE I I - - --I- - - + - - � � I - - -}- - - — -I-- — - I 1 I + + + I SOUTH SECTION LINE + 4 -i- 4 -I- �- - The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THEL MUST BE LOCATED BELOW by dist es from section lines. 1452 ft from Nnrth sec. line (north or south) 241 0 ft. from West sec line (east or west) LOT BLOCK FILING # SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATEDOwner: A_ Zelenka No. of acres 40 Will this be the only well on this tract? yes (8) PROPOSED CASING PROGRAM Plain Casing 7 1 in from 0 ft to 24 ft 5 in from 20 ft to 70 ft Perforated casing 5 in from 70 ft to 110 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): Anthony J_ Zelenka Legal descriptionSEa NW+ Section 33 T5S R91W 6tIr. PM No. of acres: 40 (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. All domestic uses including up to 3 dwellings, 1 ac. irrigation, non-commercial livestock with state and county approved septic and leach field_ (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right 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. SIGNATURE OF APPLICANT(S) Use additional sheets of paper if more space is required. % ib October 26, 1995 Attn: Garfield County Planning & Zoning: In response to Subdivision Exemption Procedure. INCLUDED ITEMS A -J A. Map min scale 1" = 200.' B. Topo - 1" = 2,000 min scale 2 parts east and west. C. Copy of deed. D. BLM is the only landowner adjoining this property. A certified letter was sent 10- 20-95. I have sole ownership of all minerals. E. I have discussed the soil types with Eric McCafferty (land use planner). He has evidence of soil types and he told me he would be doing a physical inspection for the county. F. Shelton Drilling and Samuelson Pump Co. have provided the information for proof of legal and adequate water source. The method for sewage disposal will be engineered to meet county specifications and approval. G. N/A H. Will be orally presented I. Proof of size of parcel as described on January 1, 1973 and as parcels exists presently. J. Certified check for $300.00 payable to Garfield County Treasurer. Anthony J. Zelenka (Joe) P.O. Box 1144 Glenwood Springs, Colorado 81602 (970) 963-3894 • • WELL -SHARING AGREEMENT THIS AGREEMENT is made and entered this day of by and between ANTHONY J. ZELENKA (hereinafter "Developer"), and (hereinafter "Buyer"); WITNESSETH: , 199 , WHEREAS, Developer is the owner of certain property located in Garfield County, Colorado, described as the S1/2 of the NW1/4 of Section 33, Township 6 South, Range 91 West of the 6th P.M., and has received approval from Garfield County to create therefrom Parcel Nos. 1, 2 and 3, as depicted on Exhibit A attached hereto; and WHEREAS, a water well (hereinafter "Well") has been constructed on Parcel No. 3, pursuant to Colorado Division of Water Resources Approval No. 26740 -MH, which will provide up to 15 gallons per minute of water to Parcel Nos. 1, 2 and 3 for ordinary household purposes, fire protection, the watering of poultry, domestic animals and livestock, and for the irrigation of not over one acre of homes, gardens and lawns; and WHEREAS, Buyer has entered into a contract with Developer to purchase Parcel No. , subject to this Agreement; WHEREAS, the parties by this Agreement desire to set forth their understanding concerning the future ownership, maintenance, operation, repair, replacement, and use of the Well and appurtenant facilities, and related matters. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Ownership of Water Right. Pursuant to a Quit Claim Deed from Developer to Buyer of even date herewith, Buyer owns an undivided one-third interest in and to the right to withdraw water from the Well. 2. Ownership of Appurtenant Facilities. The owners of Parcel Nos. 1, 2 and 3 shall each own an undivided one-third interest in and to the Well, pump, meter, and associated facilities for the withdrawal of water located at the Well. The owner of Parcel No. 3 shall be the sole owner of the pipeline necessary to deliver the water from the Well to the residence to be located on Parcel No. 3. The owners of Parcel Nos. 1 and 2 shall each own an undivided one-half interest in the pipeline which delivers water from the Well to the point on Parcel No. 2 at which the individual pipelines which deliver water to the residence on Parcel No. 2 and the residence on Parcel No. 1 diverge. The owner of Parcel No. 2 shall be the sole owner of the pipeline from the aforesaid point of divergence to the residence to be constructed on Parcel No. 2. The owner of Parcel No. 1 shall be the sole owner of the pipeline from the aforesaid point of divergence to the residence to be located on Parcel No. 1. C: \ W P51 \DOCS\ZELEN KA.1 AG November28, 1995 • • 3. Easement. Developer shall convey to Buyer a nonexclusive easement in the general vicinity of that shown on Exhibit A attached hereto for the installation, operation and maintenance of a water pipeline for the benefit of the owners of Parcel Nos. 1 and 2. Should any party desire a more specific legal description of the alignment of the pipeline and easement, such party may, at its sole cost and expense, survey the pipeline alignment, and the parties hereto agree to execute any necessary quit claim deeds in order to accomplish such purpose. 4. Operation, Maintenance and Repair Costs. Operation, maintenance and repair costs associated with the Well, the pump, meter and associated facilities for the withdrawal of water from the well shall be shared equally among the owners of Parcel Nos. 1, 2 and 3. The owners of Parcel Nos. 1, 2 and 3 shall be solely responsible for the costs of maintenance, operation, repair, and replacement of any facilities used solely by that party, including individual service lines. The owners of Parcel Nos. 1 and 2 shall share equally in the cost of maintenance, repair and replacement of that section of the pipeline which they jointly own. The parties agree to 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 parties are unable to agree upon any required maintenance, repair, replacement, or improvement, either party shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event a party determines to undertake such work, he shall notify the other party in writing. The party undertaking the work shall upon completion provide the other party with a written statement of the work performed and the other party's proportionate share of the costs. 5. Operational Costs. Each party shall install at its own expense a meter on its individual service line to measure water use. The monthly cost of power to operate the Well shall be divided among the owners of Parcel Nos. 1, 2 and 3 in proportion to the amount of water each owner used during the preceding month. 6. Payment of Common Expenses. The owner of Parcel No. 3 shall be responsible for collecting each parties' share of common expenses. Each party 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 party fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a party fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, the party 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 Agreement, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. 7. Use of Water. Each party shall be entitled to use its undivided one-third interest in the water right for any use authorized by the well permit. Irrigation use shall be limited to no more than 14,520 square feet of lawn and garden on with each Parcel. 8. Waste. No party shall waste water, and each party shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. Unless otherwise agreed to among the owners of Parcel Nos. 1, 2 and 3, no party shall use more C:\W P51 \ DOCS \ZELENKA.1 AG November28, 1995 -2- • • than one-third of the water physically available at the Well. 9. Fees. Each party shall also bear its own attorneys fees incurred in the implementation of this Agreement. However, in the event litigation is necessary to enforce the rights of the parties hereto, as between themselves, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees and costs of suit actually incurred. 10. Binding Effect; Covenant to Run with Land. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest. Upon execution by the parties, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall run with the lands upon which the Well is used. 11. Complete Agreement. This document embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are integrated and merged into this Agreement. 12. Amendment. This Agreement may be amended from time to time by the owners of Parcel Nos. 1, 2 and 3 in written form and executed in the same manner as this Agreement. IN WITNESS WHEREOF the parties have executed this Agreement on the day and year first written above. C: \ W P51 \ DOCS \ZELEN KA.1 AG November 28, 1995 By By -3- DEVELOPER Anthony J. Zelenka BUYER • • STATE OF COLORADO ) ) ss. COUNTY OF ) Acknowledged, subscribed, and sworn to before me this day of 199 , by Anthony J. Zelenka. WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO ) ) ss. COUNTY OF ) Notary Public Acknowledged, subscribed, and sworn to before me this day of 199 , by WITNESS my hand and official seal. My Commission expires: C:\WP51 \ DOCS \ZELENKA.1 AG November28, 1995 -4- Notary Public WELL COMPLETION AND TEST REPORT STATE OF COLORADO, OFFICE OF STATE ENGINEER FOR OFFICE USE ONLY 1' WELL PERMIT NUMBER : 2. OWNER'S NAME (S) :Joe Zelenka Mailing Address :p .0. Box 1144 City, St., Zip : Glenwood Springs, Co. 81602 Phone : (970) 963-3894 APPROVAL # GWS31-91-03 3' WELL LOCATION AS DRILLED : SE 1/4 NW 1/4 Sec . 3 3 Twp. 5S Range 91W DISTANCE FROM SECTION LINES : 1452 Ft. From North Sec. Line. And 2410 Ft. From West Sec. Line. Or SUBDIVISION : LOT : BLOCK : FILING (UNIT) : STREET ADDRESS AT WELL LOCATION : 4. GROUND SURFACE ELEVATION ft. DRILLING METHOD : Air Rotary DATE COMPLETED : 10/14/95 TOTAL DEPTH : 120 ft. COMPLETED DEPTH : 120 ft. 5. GEOLOGIC LOG: 6. HOLE DIAM. (in) FROM (ft) TO (ft) Depth Type of Material (Size, Color, and Type) 9.0 0 . 0 2 4 000-040 Brown Shale 6.5 24 120 040-120 Brown Sandstone And Shale 7. PLAIN CASING OD (in) Kind Wall Size From (ft) To (ft) 7.0 Steel 0.240 0.0 24 5.5 PVC .250 20 70 PERF. CASING : Sc een Slot Size : 5.5 PVC .250 70 110 WATER LOCATED : 75 + REMARKS: 8. Filter Pack Material : Size : Interval : 9. Packer Placement Type : Depth : 10. GROUTING RECORD : Material Amount Density Interval Placement cement 3 sks 6 g/sk 5-24 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 : 60 ft. Date/Time Measured :10/14/95 Production Rate : 12 gpm. Pumping Level : Total ft. Date/Time Measured :10/14/95 Test Length : 2 hrs. Remarks : I have read the statements made herein and know the contents thereof, and that they are true to my knowledge. (Pursuant to Section 24-4-104 (13)(a) CRS, the malting of false statements constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.) CONTRACTOR : Shelton Drilling 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 Si r / Date 10/20/95 WATER WELLS • • ELEVATOR HOLES TEST HOLES 20522 HWY 82 PO. 80X 1059 BASALT, COLORADO 81621 (970) 927-4182 FAX (970) 927-3801 Lic. # 1095 10/2/95 Tamara Cunningham Colorado Division of Water Resources 1313 Sherman St. Room ##818 Denver, Co. 80203 RE: Monitoring/observation Well Notification Dear Ms. Cunningham, In accordance with Rule 12 of the Water Well Construction and Pump Installation Rules of the Division of Water Resources of the Colorado Department of Natural Resources, the following information is submitted for Monitoring/Observation Well(s) and/or Holes we have been requested to drill. Client: Anthony J. Zelenka Landowner: Same Location: 5E41 NW' and/or. SW's, NW4 Section 33 T5S R91W 6th PM Number: 1 - 4 Purpose: Quality and Quantity Test for Domestic Uses Start drilling (approximate): Week of 10/9/95 Hole Diameter: 6.5" Projected Depth(s): up to 400 feet Aquifers: Tributary Comment: This information will be faxed to your office this date and the original will also be sent this date. Thank you. Sincerely, P. 01 * TRANSACTION REPORT * * OCT- 2-95 MON 9:22 AM * * * * FOR: SHELTON DRILLING CO 3039273801 * * * * DATE START RECEIVER TX TIME PAGES TYPE NOTE * * * OCT- 2 9:21 AM DIV OF WATER RES, 53# 1 SEND OK * * * yid Z a%/Y J )7/71l k'ng y/r7 K • • • SAMUELSON PUMP CO. INC. P.O. BOX 297 WATER SYSTEMS GLENWOOD SPRINGS SALES, SERVICE & INSTALLATION COLORADO 81602 945-6309 October 17, 1995 Joe Zelenka P.O. Box 1144 Glenwood Springs, Co. 81602 FAX #963-8015 Attn; Joe On October 17, 1995 a well test was conducted on a new well on the Zelenka property in Peach Yalley the following information was obtained; Well Depth 120'-0" Casing size (top) 7"(steel) Standing water level 60'-0" Total test time 7 1/2 hrs. Drawdown stable condictions 81'-0" Production is 12 gpm Hardness 25 grains/gal Iron 0.3 mg/1 pH 8.0 This test was conducted with a 1 1/2 Hp Goulds submersible Model 18E. If you have any questions please call me Raun Samuelson at 945-6309. Sincerely; Raun Samuelson 4 • WELL TEST REPORT Name Address L C /60 2- Date f©-/7-45 Telephone `/C3'"" 3?r tp 41 Gct)v /vc1A Well Log Depth /p9 Casing Size 7X tj Pump Setting JJ Test Pump /, t hp/9F Water Level 10 Draw Down 8/ - C9 Production /..167p►.t �Yo lS' 763 - (c,o DRAWDOWN RECOVERY TIME MIN. LEVEL GPM TIME MIN. LEVEL /I.11 -4j 0 60:0"7' V4 '7:17 0 i 2 3 4 ¢,'_o•/ $10'-8iy„ gj',g)1 V''i 8� m, ._6,„ //: y5 1 lir- i" /j: y ji 2 GI'9'" 7,'.29 7.' 9 7 : 30 // 47 3 4 44'4/" La' -AD;' b'li8 r -5 //: Sr5 6 43' Ihs 7 , ..)2gp. 6 //: h. 8 Gy'_.2••,I c�54p 7'34 8 $O'- 4Y; / go'_„p.' ift)'-1" it 5*1 i0 7; 34 10 //."s-16. 12 .z+- f' 7` I 12 ',vex, t'1G 4, it 1x'05 24 4V-4" 7 y6 20 7q' --q Y4,d' /.0: Lb 3. b7' -if 7.'66 30 X9r-3%'' /a'a� •1 bB'- 4/?" g..06 40 7&' // 1 )47:3S 60 kg' -q p; & , 50 , `.. 4:45 64 70'- 3" 11,4 60 X/- 3/ / : /5 90 7/'- /0 i r s i:y5 120 73=0.0 76'- q' r �` 9 : Li5 180 3: y5 7b"-01). M / 5:,2 3 fi, -p J5 G,pt-s 6!),,a.$1 -9h ,. 1c1k 6! P3 9/'-//'lmy-tit/cot k_ 9i'- 3 %i' /A4pM 4:3i, lid" .0" b 911-;A" /P Y� i -,.r Q r .,-n J - p. -744 Wii sT -g. c> /?L?CI.jA) S - 46 Cr 4' 4' .4) -� s �rB /. Board Ross Talbott - Chairman William Montover Sean Mello Tom Voight Gordon Witzke Burning Mountains Fire Protection District Box 236 Silt, CO 81652 Don Zordel - Chief Stu Cerise - Assist. Chief To Whom It May Concern: Den Zordel went and physically inspected 80 acres owned by Anthony J. Zelenka. NW'/4. Township 5 South, Range 91 West of the 6th Principal Meridian, Section 33: S1/2 For fire hazards in this area being aware of the subdivision exemption he is in process of. At the present time everything is fine to go ahead and build one house on the property. Before completion of the 2nd home, I would like to see a 5000 gallon water storage tank in place and have access to the tank for fire protection. Den Zordel, Chief Rural New Castle Fire District 'LIG G C. VVLC` LEGAL FORMS QUIT CLAIM DEED Statutory (ILLINOIS) Ivo• >3« Recorded at 2:-56 P.M. May 17, 1972 July, 1967 Reception No. 253807 Al Stephens, Recorder. (Individual to Individual) • THE GRANTOR (The Above Space For Recorder's Use Only) OPAL R. ICE (nee OPAL E. RICHARDSON) Book 471 Page 67 of the City of Fort Worth County of Terrant State of Texas for the consideration of one DOLLAR;, in hand paid. CONVEY S and QUIT CLAIMS to JOHN 0. RICHARDSON of the City of Chicago County of Cook State of Illinois all interest in the following described Real Estate situated in the County of Garfield State of GOWN, to wit: Colorado in the The S; of the NW'k of Section 33, Tp 5 S. Rg 91 W. 6th P. M., in Garfield County, Colorado, subject to the easement of a strip of land 60 feet wide, 30 feet on each side of a line described as follows: Beginning at a point on the north and south center line of Sec 33 Tp 5 S., Rg 91 W., whence the k corner to sections 28 and 33 ih sa.d Tp bears N. 2355 feet, ttlenc N. 27o 48' W. 585.8 fegt thence N. 34 32 W. 531 feet; thence N. 77 09 W. 275 feet, thence N. 47 40 W. 30 feet to a point on the E. and W. center line of the NW? Sec 33, containing 1.95 acres, more or less. en CAPD i'!!_'_ °' ApP ( rn , , lilt• , D E; :.. t.. .3 w l_Ai`;i.t c4 t. BLOCK OC, _ o VALVE x hereby releasing and waiving all rights under- and by virtue of the Homestead , k of Illinois. u, ¢' PLEASE A. PRINT OR TYPE NAME(S) BELOW SIGNATURE(S) P7DATED this ~ day of �+-�,.: 19.\ '1-- (Seal) (Seal) (Seal) (Seal) Texas State of 111'x§, County of Terrant ss. 1, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that OPAL R. ICE personally known to me to be the same person__ whose name subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that she signed, sealed and delivered the said instrument as her free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead. IMPRESS .SEAL :.. MAIL TO: { /7 day of 19/ Z 19 �(( /� �-� c /7".( NOTARY PUBLIC (Name) (Address) (City, State and Zip) OR RECORDER'S OFFICE BOX NO. 1 ADDRESS OF PROPERTY: THE ABOVE ADDRESS IS FOR STATISTICAL PURPOSES ONLY AND IS NOT A PART OF THIS DEED. SEND SUBSEQUENT TAX BILLS TO: (Name) 11381AlnNI IN Ffl3OQ LEGAL FORMS • • QUIT' CLAIM DEED Statutory (ILLINOIS) (Individual to Individual) IVU. bLL July, 196 41) THE GRANTOR Book 431 Recorded at 4 P.M. May 17,1972 Page 66 Reception Edo. 53806 Ella Stephens, Recorder. (The Above Space For Recorder's Use Only) Francs ; Cummings (nee Franc s,(L. Phillips)t of the City of Lawrence County of Douglas State of Kansas for the consideration of one DOLLAR,* in hand paid, CONVEY and QUIT CLAIM to John 0. Richardson of the City of Chicago County of Cook State of Illinois all interest in the following described Real Estate situated in the County of Garfield in the State of fdlita�sts to wit: Colorado The Sz of the NW? of Section 33, Tp 5 S. Rg 91 W. 6th P. M., in Garfield County, Colorado, subject to the easement of a strip of land 60 feet wide, 30 feet on each side of a line described as follows: Beginning at a point on the north and south center line of Sec 33 Tp 5 S.,'Rg 91 W., whence the corner to sections 28 and 33 in sai_d Tp bears N. 2355 feet, thence N. 27° 48' W. 585.85 feet, thence N. 34 32 W. 531 feet; thence N. 770 09' W. 275 feet, thence N. 47° 40' W. 30 feet to a point on the E. and W. center line of the NW's Sec 33, containing 1.95 acres, more or less. w w C, z AI' t¢ - P w z LAN VALVE / n ,re hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State L of iliirtcrim Kansas. PLEASE PRINT OR TYPE NAME(S) BELOW SIGNATURE(S) DATED this 4 /7 day of 7//4.9',4"e: Z1= (Seal) (Seal) (Seal) (Seal) Kansas State of,1�1, a , County of Douglas ss. I, the undersigned, a Notary Public in and ffr ' id ' county, in the State aforesaid, DO HEREBY CERTIFY that co 1�•'" .e0 Francd:sr Cummings .! .Z . 0 T A.. %. personally known to me to be the same person_ whose name �� n IR , •: subscribed to the foregoing instrument, appeared ,, �r .0..3EAL :. and acknowledged that she signed, before me this day in person, „o ,N._ , --_:. E _;� .: sealed and delivered the said instrument .,� _, as her v 4 �. a .� free and voluntary act, for the uses and purposes therein set '��Mtiefmy hand and official seal, this /C7 , including the release and waiver of the right of homestead. day of ' /4 -1L,/ Commission expire"' L71.--; �1975-- MAIL TO: (Name) (Name) (Address) (C:ty, State and Z:p) OR RECORDER'S OFFICE BOX NO. 19 7 -2 - NOTARY PUBLIC ADDRESS OF PROPERTY: THE ABOVE ADDRESS IS FOR STATISTICAL PURPOSES ONLY AND IS NOT A PART OF THIS DEED. SEND SUBSEQUENT TAX BILLS TO: (Name) J VlnN IN3NCIDoj July, 196 LEGAL FORMS : s QUIT -.CLAIM DEED Statutory (ILLtNols) (Individual to Individual) THE GRANTOR Recorded at 2:52 P.M. M 17, 1972 Book 431 Reception No. 253805 l a Stephens, Recorder. Pa6e 65 (The Above Space For Recorder's Use Only) —Sharon P. Raker (nee Sharon Phillips). - of the City of Cedar Crest County of Bernalillo State of New Mexico for the consideration of one CONVEY _ and QUIT CLAIM _ to John 0 . Richardson o a DOLLARg, in hand pa & r id, . A of the CitY of Chicago County of Cook State of Illinois all interest in the following described Real Estate situated in the County of Garfield State of)X}MKias, to wit: Colorado in the The S'k of the NW's of Section 33, Tp 5 S. Rg 91 W. 6th P. M., in Garfield County, Colorado, subject to the easement of a strip of land 60 feet wide, 30 feet on each side of a line described as follows: Beginning at a point on the north and south center line of Sec 33 Tp 5 S., Rg 91 W., whence the k corner to sections 28 and 33 in said Tp bears N. 2355 feet, tgence N. 270 48' W. 585.885 feet, thence N. 34° 32' W. 531 feet; thence N. 77 09' W. 275 feet,' thence N. 47 40' W. 30 feet to a point on the E. and W. center line of the NWS Sec 33, containing 1.95 acres, more or less. is iw c) 2 ae 0 CAR) F!11 n:!'n A!.CP1RiJ Pl (3Pn() CARC FIt_E LANI'i PCIt< FLOCK (300K VALVE hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws ofifs. P of the State DATED this 11 day of PLEASE Y `'� Q +""t'�'`- (Seal) Seal PRINT OR V\Ck'(Y)x� � e c."( ) TYPE NAME(S) BELOW (Seal) (Seal) SIGNATURE(S) 1972_ New Mexico 'State of IMMIX, County of Bernalillo ss. I, the undersigned, a Notary and for said County, in the State aforesaid, DO HEREBY CERTIFY that Sharon P. Raker Public in j • c4 %Ca 70 JJ /, ckg.c personally known to me to be the same person_ whose name IMPRESS subscribed to the foregoing instrument, appeared before me this day in person, SEAL and acknowledged that s h e signed, sealed and delivered the said instrument':. HERE as her free and voluntary act, for the uses and purpbses;the►eifi;set `, forth, including the release and waiver of the right of homestead. • ``I'�'' .. y,.• Given under my hand and official seal, this 1 1 day gf vl 1 19,'1 r-Wii,::, `r, S, -1 ri n c::,.. Commission expires kilt 4 19 o - " ° ' `� Q �tnC�,�Qc� --NOdARy• PUBLIC MAIL TO: (Name) (Address) (City, State and Zip) OR RECORDER'S OFFICE BOX NO. ADDRESS OF PROPERTY: THE ABOVE ADDRESS IS FOR STATISTICAL PURPOSES ONLY AND IS NOT A PART OF THIS DEED. SEND SUBSEQUENT TAX BILLS TO: (Name) il;rlr %,-5 { HVW1N 1Nawn3OC 6 No1....&37,3 • • a 4-907 -ty THE UNITED STATES OF AMERICA. to whom these Presents shall come, GREETING: -cue rJt-c-t -rte Certificate No. .....�.. WHEREAS, deposited in the GENE Register of the Land Office atXZ(P-t.c.m-t( that full payment has been made by the said _ 11? -,C -C91. - LAND OFFICE of the Un' ed States, a certificate of the ,S , O a r Q'(o whereby it appears according to the provisions of the .Act of - Congress of the 24th of April, 1320, entitled "An Act making further provision fo L..e the sale of the Public Lands," and the acts surylemental thereto, for the 40 gyp' / -f�/J. //���(i ,/_ y/��� ® U-uti he-ci— V/ N� -,:!_47 d..... � f <��.i-�__./ (/...... .... r... i.. l!J �/O 7 cLs(.o L/l--u /CL,u_c. c—� Gl-C'�LCA according to the Official Plat of the LAND OFFICE by the Surveyor NOW KNOW YE, That th Survey of the said lands, returned to the GENERAL , which said Tract has been purchased by the said NITED STATES OF AMERICA, in consideration of the premises, and in conformity with the several HAV GIVEN AND GRANTED, an a„,_,(6 'tel o heirs, the said Tract a.ove with all the rights, privileges, Acts of Congress in such case made and provided, byythese reser s DO GIVE. jAND GRANT, unto the said described; TO HAVE AND TO HOLD the saute, together immunities, and appurtenances, of whatsoever nature, thereunto Uel ging unto the said and to A-4-e__._._.heirs and assigns ever; subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws, and decisions of courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by law; and there is reserved from the lands hereby granted. a right of way thereon for ditches or canals constructed by the authority o the mite t h f h United S s. Pe LCAa_ 6 ✓G rLo-n/ 0 Recorded... GENER �In testimony whereof I,10---0-v-4-reV-President of the United States of America, have caused these letters to be made Patent, and the seal of the General Land Office to be hereunto affixed. GIVEN under my hand at the City of Washington, the �P� e (lay of c Q— in the year of our Lord one thousand nine hundred and and of and - By lie Independence of the United States 9� the une hundred [opo^ri 4e Stir /� the President . /�j//�... By ` ra 4() --TY �9 Secretary. Recorder ofr the Office. , Vol 7/C(°5 , Page__ a? Filed for Record the___'b day o D 190 t 1/ _o'clock. ..M. e `� Recorder. �a-.1. this Elea, Made this A. day of /!A / 1u the year of our Lord one thousand nine hundred and 64between_....ft.�f.1.u....._.fJ., of the County orr^"r�t'� and State of Colorado, of the first part, and ./-11A...!a- vNr.....'�,¢.....:.."��ia..r....a 7� (� of the County of./d-k"!t-r.(f..PTY. .-'17:.-t^!'-X::9'a. ..,p:, ul State of Colorado, of the d part: WITNESSET1f, That the said part ti of the first part, for and in consideration of the sum of 0.-"2.4�P DOLLARS, to the said part I f the first part in hand paid by the said part..4._o1 the second part, the receipt whereof is hereby confessed and acknowledged, bad granted, bargained, sold and conveyed, and by these presents do...44_-grant, bargain, sell, convey and confirm unto the said par the second parrtt,0'""O( °•o 4-14. .� »ig�%4'for, Ger, all the following described for nr parceL�f laud, situate, lying and being in the County of—...... .............-r.S�4s and State of Colorado, to -wit• 60 %(-<-r1�N cLi, •i a -LS s .,!u.r ,d < -ilp a .Yi,._e Glen -o// /,'I out (� a ( u 1) a /.'1 1 [ p 1 1 CA / CA/�� i�U /1 1 -oma G ee� e/ 4 a u GG C� u7ti Le -c, J 04 % qr, , 2- . 7/ �, (� /1�Lf p iu c•c l % G<� ��r t, 4_e -c -o, g'cu -d nAcc-L4 �o-'r u r-^ i- %t F <t� � 44-- 0-- ,x• _2 o3 el` d' %l- u % t L r c[ 41. -, ` � g � rS B s e n 1.�• c7J//e-4%;Lu,. u M.(/770 0r ].. z%es f��`• wt�� 4/t,V 7 i 0' L(). c.ci 70 o— _ (fr ilii , �s� /(j) . < .t.tf� f ,l 1,� �/ f /Ji, , 60, Ag,u1 Q 2. c al' �] ot,t.a d (`. o- ..ii !f -. 9 / - te- (-1-6,--.4/YLt u e ay �. io TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said part..y_....-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 abov bargain d and described with the appurtenances, unto the said part�t, of the second part,'* 'oL. - Q�(C� L y�-oKr-r �-1 a . �1 // heirs -a 'gtki ve er. And the nail �1 ._ - 1.44- the first part, for l!4 .CX;r "(Vie heirs, executors and administrators, do:.44....covenant, grant, barkrain and agree to and with the said part- 10 .--.of the second part,aht.r.01 Ma � ttaa--,s-�iirau-rd,-a4ssig¢'rH s, t atlf' �at the time of the ensealing and delivery of these present well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha00.... good right, full power and lawful authority to grant, bargain, sell and convey the same, in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assess- ments and incumbrances of whatever kiud,.uature soever; __ pp ' cl -�,l.o .�.,. . te r and the above bargained premises, in`)ft.<.._yuiet and peacea.(.ia.possessfon of the said parNt of the second pert,ktr=s�..,t�.�a.��� heirs-emk-aaargas, against all and every person or persons lawtally claiming or to claim the whole or any part thereof, the avid part,i1 Af the first part shall and will WARRANT AND OR$V[[HR D13N13ND. IN WITNESS WHEREOF, Tho said part l9___.of the first part ha4_. hereunto set...: ... hand and seal the day and year.. ttr AJ- above written. Signed, Sealed and Delivered in Presellnce of [asst. [suet.] [SEAL] (1- ,e41-GLfire vl e�.x tip% STATE OF COLORADO, SS. 1 /644- - /c�u -6-42::/r) Oouraty O I� Q " in and for said County, in the State aforesaid, do hereby certify that whn An, personally known to me to be the person . v1iose name_._. Aso subscribed to the annexed Deed, appeared b bore me this day in person and acknowledged that '- igued sealed and delivered the said instrument of writing as_...._::.!: t --n_.. ....- free and voluntary act, for the uses and purposes therein set forth. , / ,cam Given under my hand and �� 1}-1,oCd�pl.q Seal, this cJ day —�! of—✓�4(;"1 (� A D 1905 'My-uomurisamn.exprrvs 2..—A..._Ll 19_. .(4tLd /)/ li .- , _,lay o(—... --i ' "` A ll 194 at 2 4 -:: ____o'clock (..) M. 4 CO Filed for Record the__ n By Recorder Deputy ucwsue .. w&.e IVO. L1LL LEGAL FORMS July, 1967 Recorded at 2:59 P.M. M•17, 1972 Book 431 ' QUIT -CLAIM DEED Reception No. 253809 Elia Stephens, Page 69 Recorder. IP Statutory (ILLINOIS) (Individual to Individual) THE GRANTOR (The Above Space For Recorder's Use Only) Bonnie K. Phillips of the City of Honolulu for the consideration of County of Hawaii one State of Hawaii DOLLAR& in hand paid, CONVEY _ and QUIT CLAIM to John 0. Richardson of the City of Chicago County of Cook Illinois tate of all interest in the following described Real Estate situated in the County of Garfield State of 'fits, to wit: Colorado in the The SZ of the NW's of Section 33, Tp 5 S. Rg 91 W. 6th P. M., in Garfield County, Colorado, subject to the easement of a strip of land 60 feet wide, 30 feet on each side of a line described as follows: Beginning at a point on the north and south center line of Sec 33 Tp 5 S., Rg 91 W., whence the k corner to sections 28 and 33 1.13 said Tp bears N. 2355 feet, 8hence N. 270 48' W. 585.8 feet, thence N. 34 32' W. 531 feet; thence N. 77 09' W. 275 feet, thence N. 47 40' W. 30 Feet to a point on the E. and W. center line of the NW's Sec 33, containing 1.95 acres, more or less. 'w ,w 2 I~ ,z �w Q hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State ux of II '. �s.Hawaii. i¢ DATED this day of � �f� 19202 �cwYV.A. . �1s"`'' (Seal) Sl) PRINT OR l3v'-,n;.0 tC • Ph . 11 (Seal) TYPE NAME(S) BELOW (Seal) (Seal) SIGNATURE(S) Hawaii State of Mlff , County of Hawaii ss 1, the undersigned, a Notary Public in and`for;gili�' o qty, in the State aforesaid, DO HEREBY CERTIFY that ��`o �'y Bonnie K. Phillips '�• '..•.7 ''.. personally known to me to be the same person_ whose name • ;1 0 TMRQEfsy•: _ subscribed to the foregoing instrument, appeared ppeared before me this day in person, f,,, p•- = and acknowledged that s l signed, sealed and delivered the said instrument 11,..49E C ;' as her free and voluntary act, for the uses and purposes therein set -7 , { ti forth, including the release and waver of the right of homestead. .,, <,,,......... sL, Given .u(icTer\1r ,•ttand and official sea , this �� da/ y o 19 7•ZCommission expires 'i/44- L MAIL TO: (Name) (Address) (City, State and Zip) OR RECORDER'S OFFICE BOX NO. ,. NOTARY PUBLIC ADDRESS OF PROPERTY: THE ABOVE ADDRESS IS FOR STATISTICAL PURPOSES ONLY AND IS NOT A PART OF THIS DEED. SEND SUBSEQUENT TAX BILLS TO: (Name) 2i38Wf1N .LNg01f13Oa UEUR(3E E. (:ULE" No. $22 LEGAL FORMS July, 1:967. ` ,• QUIT CLAIM DEED Statutory (ILLINOIS) (Individual to Individual) THE GRANTOR Book 431 Recorded at 2:1% P.M. May 17, 1972 Page 68 Reception No. 3808 Ella Stephens, Recorder. (The Above Space For Recorder's Use Only) VIRGINIA P. HALEY (nee, VIRGINIA LEE PHILLIPS) of the City of Newport Richey County of Pasco one for the consideration of State of Florida CONVEYS and QUIT CLAIMS to JOHN 0 , RICHARDSON DOLLARS, in hand paid, of the City of Chicago County of Cook State of T 11 i nn; n all interest in the following described Real Estate situated in the County of Garfield State of 011 r1'cits, to wit: Co lorado The SZ of the NWk of Section 33, Tp 5 S. Rg 91 W. 6th P. M., in County, Colorado, subject to the easement of a strip of land 60 30 feet on each side of a line described as follows: Beginning the north and south center line of Sec 33 Tp 5 S., Rg 91 W., whe corner to sections 28 and 33 ig said Tp bears N. 2355 feet, t1348' W. 585.8 feet, thence N. 34 32 W. 531 feet; thence N. 77 thence N. 47 40' W. 30 feet to a point on the E. and W. center NWS' Sec 33, containing 1.95 acres, more or less. in the Garfield feet wide, at a point on nce the encg N. 270 09 W. 275 feet line of the AF','i;;°p.l. (.,'"\PD PLAIL CCT. 't FII_[: L..': T...)., BLOCk -(2.00K VALVE hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State of Illinois. PLEASE PRINT OR TYPE NAME(S) DATED this 2nd day of May (Seal) I \e_>, 1972 (Seal) Virginia P. Hale •y BELOW VTRGTNTA P 1PAT.EY (Seal) SIGNATURE(S) 514 Sierra Terrace (Seal) FLORIDA Newport Richey, Florida 33552 State of lain, County of Pasco ss. 1, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that ...`" VIRGINIA P . HALEY J�+ , ,•' ,cr'''''' personally known to me to be the same person_ whose name C• 6 subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that_ he signed, sealed and delivered the said instrument cr� HERE as her free and voluntary act, for the uses and purposes therein set • -� �p ' forth, including the release and waiver of the right of homestead. ; -� Gileen^uhdet,mv'harr¢'and official seal, this 2nd day of May 1922_'''.,,,,^4:r'''r.,+,rr • - `,,,:Notary Public, State of Florida at large - Commiss)on'ezpiremy_Commission pir Aug. 1, 197fj YV 9a.�ctLyie'l,' Bonded By American Fire & Casualty Co. June H. Buff m MAIL TO: (Name) (City, State and Zip) (Address) OR RECORDER'S OFFICE F3OX NO, NOTARY PUBLIC ADDRESS OF PROPERTY: THE ABOVE ADDRESS IS FOR STATISTICAL PURPOSES ONLY AND IS NOT A PART OF THIS DEED. SEND SUBSEQUENT TAX BILLS TO: (Name) xaefN LN301113oa IN REPLY REFER TO: • • United States Department of the Interio BUREAU OF LAND MANAGEMENT Glenwood Springs Resource Area 50629 Highway 6 and 24 P.O. Box 1009 Glenwood Springs, Colorado 81602 November 27, 1995 Mr. Eric McCafferty Garfield County Planning Department 109 8th Street - Suite 303 Glenwood Springs, Colorado 81601 Dear Mr. McCafferty: 1785g 'I ,1E (7-880),',' i s 95 It is my understanding that the review process for the Zelenka Subdivision Exemption may be delayed because this office was notified of the proposal prior to the required filing date. This office intends to submit comments regarding this proposal before the scheduled December 4, 1995, public hearing. I ask that you not delay the scheduled hearing date since this office was afforded ample time for review and comment. Any further concerns regarding this matter can be directed to Jim Byers of this office at 945-2341. Sincerely, ae1 S. Mottice Area Manager cc: Anthony J. Zelenka Box 1144 Glenwood Springs, CO 81602 ry NOV-27-95 MON 11 51 AM BLM GLENWOOD SPRINGS 00 FAX N0. 19709455312 P,01 tN RePLY RLf&3t 10: United States Department of the Interior 'BUREAU OF LAND MANAGENfENT Glenwood Springs Resource Area 50629 Highway 6 and 24 P.O. Box 1009 Glenwood Springs, Colorado 81602 November 27, 1995 Mr. Eric McCafferty Garfield County Planning Department 109 8th Street - Suite 203 Glenwood Springs, Colorado 81.601 1785g (7-880) Dear Mr. McCafferty: It is my understanding that the review process for the Zelenka Subdivision Exemption may be delayed -because this office was notified of the proposal prior to the required filing date. This office intends to submit comments regarding this proposal before the scheduled December 4, 1995, public hearing. 1 ask that you not delay the scheduled hearing date since this office was afforded ample time .for review and comment. Any further concerns regarding this matter can be directed to Jim Byers of this office at 945-2341. Sincerely, r 1 •t�w`>4 noel S. Mottice Area Manager cc: Anthony J. Ze1 nka Box 1144 Glenwood Springs, CO 81602 Ma, Top Cop 3LM 0-95 rn 0 'lave n E iden --i ") 0 ftl col ill , U\ n Iton egal ,, Ln meti , eN (A 111 V\i app Z ° ts) • N 5 C -I' —I e ot- 1 - of si itly. '• .... 6• O 11 1-4 q ch, 0 0 J b P-,6-040( , Cictobef4sit 1995 GARFIELD COUNTY 9// Building and Planning Anthony J. Zelenka P.O. Box 1144 Glenwood Springs, CO 81602 Dear Joe - Your application for a Subdivision Exemption has been scheduled for a public meeting before the Board of County Commissioners on December 4, 1995 at 3:45 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 he presented at the time of the meeting or submitted to the Planning Department prior to the meeting. The exemption site must also he 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. Sincere Eric D. McCaffert Planner EDM/edm Enclosures 109 8th Street, Suite 303 945-8212/625-5571/285-7972 Glenwood Springs, Colorado 81601 PUBLIC NOTICE TAKE NOTICE that ANTHONY J. ZELENKA has applied to the Board of County Commissioners, Garfield County, State of Colorado, to grant a Subdivision Exemption in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: South 1/2 of the Northwest 1/4 of Section 33, Township 5 South, Range 91 West of the 6th P.M., less 1.95 acres more or less as recorded in Garfield County Records as Document No. 35190. Practical Description: Located approximately two (2) miles northeast of Silt, off of CR 238. Said subdivision exemption is to allow the petitioner to divide an 80.0 acre tract into four (4) parcels of approximately 72.7, 3.3, 2.0 and 2.0 acres each in size, more or less, on the above described property. All persons affected by the proposed subdivision exemption are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objections to such subdivision exemption request, as the Board of County Commissioners will give consideration to the continents of surrounding property owners and others affected in deciding whether to grant or deny the request for the subdivision exemption. This subdivision exemption application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 9:00 a.m. and 12 noon and 1:00 p.m. and 4:00 p.m., Monday through Friday. That public meeting on the application for the above subdivision exemption request has been set for the 4th day of December, 1995, at the hour of 3:45 p.m., at the office of the Board of' County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County NOTICE TA NOTICE /, That Ofit G/V 2CL4,ik'/4 11447 applied to thee.,eibicligeffIVOA)ekS o I2! O� , J1" Garfield, County pursuant to CSL cr, aei %1001 C4pLt24) u�0�iu/Si 0 f 61 S to allow : VECD1061") 04. 41 Ro Acne 7icr fAtro 4(4) matevc of ArJ'9y. 2.0,1.o, 3.3 An, X2.7 *Iles si7'6, Nloge ot Less. on this property. A public C'€ 17 on this a plication w' I be held in the MMI$Smr K.S ififerov6 Koofri SN I , E 3OI1Couijqy ,i/ -has‘ Glenwood Springs, Colorado on ,d,,,, 3I%n4g�' jC•, 1996 at f:OQ fig ( time ) Date Notice Was Posted : By: For additional informtion, contact the Piwi1T'Z1.,$)/A.4 c")ec,Pr NOTICE TAK NOTICE That friNftiOAY S ael-eiogi4 h pplied to the �p,42'D of C-ry $4,64 I SS i orJERS Garfield, County pursuant to Se-c:nov.I .C2 Gmpec,EL►D Coiv SotsD,vr i oti/R<Cy 4 ,4TfarJ S to allow : 71& Su s'anvis, ad of Ani $O 47i' 04-ro ?,4rce f 72.7) 53, 2-0 7.0 k ee'S £ 4q/, Ho (ZE oQ Les s � i� S 12 f✓ on this property. A public '6l rJ & on this + application intheC.®M/i SSIoNER /fE ro.v will be held (� RPoMS1i1 r 3OI�N off"�► � o wT' � K.T� � t Glenwood Springs, Colorado oral G6 M f3 1� / 9 %S.. ( date ) at .S: 4g - 'Pet ( time ) Date Notice Was Posted : By: For additional information, contact the CotorrY RA/ON/NG I EP T at 946.-'61.l2• or R.THousE , 109 8th St. Suite 5° 3 , Glenwood Springs, CO 81601 o 0 n 4.) r - t r f * • 110 Oer Recorded at Reception No. M., 2 21981 THIS DEED, Made this </ 74 day of December , 19 81 , between JOHN 0. RICHARDSON and PAULINE MUNDY RICHARDSON 201 East Wilson, Monticello of the County of Piatt and State of f(qlobthe first part, and ANTHONY J. ZELENKA P 0 Box 1144, Glenwood Springs, whose legal address is of the County of Garfield Colorado, of the second part: and State of rder. 550 P! E 10.1 DEC 2 2 1981 firm, fmnivirrerm WITNESSETH, That the said partieSof the first part, for and in consideration of Forty thousand and 00/00 DOLLARS to the said part ies of the first part in hand paid by said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said part y of the second part, hisheirs and assigns for- ever, all the following described 4/////parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH P. M. SECTION 33: SY2NWA EXCEPTING THEREFROM that parcel conveyed to the Board of County Commissioners of Garfield County by Document No. 35190. COUNTY OF GARFIELD STATE OF COLORADO also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper- taining, 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 part ies 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 part y of the second part, his heirs and assigns forever. And the said part ies of the first part, for them sel theirheirs, executors, and administrators, do covenant, grant, bargain, and agree to and with the said part y of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and 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 of naturesoever., except general real estate taxes for 1981, inclusion in special districts, United States Patent recorded in Book ?3 at Page 6 as Reception No. 35393 and Easement for:ithe county road from Slaughter Gulch to Smith -Doll Coal Mines as shown on the map of county road recorded June 6, 1908 as Reception No. 35310, and the above bargained premises in the quiet and peaceable possession of the said part y of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ies of the first part ha ve hereunto set theilland S and seal s the day and year first above written. ILLINOIS STATE 0F651,64/A4/O' County of PIATT 1 ss. JOHN 0. RICHARDSON PAULINE MUNDY RIO-IARDSON The foregoing instrument was acknowledged before me this /Li I 1 day of 1981 ,by JOHN 0. RICHARDSON and PAULINE MUNDY RICHARDSON My commission expires No. 932 WARRANTY DEED.—For Photographic Record— DECEMBER (SEAL) (SEAL) (SEAL) , 19 . Witness my hand and official seal. ' O ' • 10 6 �Ndtary4.114 e ; Bradford Publishing. 15165 West 44th Avenue. Golden, Colorado.80401!,.c(030 318-�64¢y4'0.' !lis+,. . • No ±322926____ WARRANTY DEED TO STATE OF COLORADO ss. County of I hereby certify that this instrument was filed forrecord in my office this day of DEC 221981 ,19 ato'clock /9 M., and duly recorded in Book , Page Film No. Reception No. a Recorder. Deputy. Fees, $ c Mail to: BILL CRUTCHER FEALTY (or return to) Box 1041 Te!. 303-945-T 76 GLENWOOD SPR!^`GS, COLS 2 n.DO 81 01 Send fu re tax statements o: f7(> - /V. 7(> -/Vi/` %/l/ ddb (i i5-7/66) 2_. BRADFORD PUBLISHING CO.. Golden • • October 19, 1995 BLM To Whom It May Concern: My name is Anthony J. Zelenka and I am applying for an application for an exempt subdivision located: Township 5 South, Range 91 West of the 6th Principal Meridian, Section 33: S'/z NW'/4. At this time I am planning on dividing this property into 3 - 2+ acre lots with the balance of the property making up the 80 acres I own at that location. If you would like to contact me my address is: Thank you, Anthony J. Zelenka P.O. Box 1144 Glenwood Springs, CO 81602 (970) 963-3894 Anthony J. Zelenka The printed portions of this form approved by the Colorado Real Estate Commission 1SC 26.12.771 BILL CRUTCHER REALTY 818 Grand Avenue GLENWOOD SPRINGS, CO 81601 RECEIPT AND OPTION CONTRACT (VACANT LAND) • 303 - 945 9176 For use in sale of VACANT LAND ONLY November 17 l s; 81. RECEIV��F�p ANTHONY J. ZELENKA Purchaser (a�s46i(rtt/�he sum of $ 1 ,000.00 , in the form of personal c�ieck to be held by BILL CRUTCHER REALTY broker, in his escrow or trustee account, as earnest 'none - vant_i dart payment for the following described real estate situate Gin the County of Al{� !'ALU Colorado, o wit: South Y2 of the Northwest 34 of Section 33, Township 5k South, Range 91 West of the 6th P. M., less 1.95 acres more or less as recorded in Garfield County Records as Document No. 35190 in Book 75 at Page 115, and including all mineral, oil, gas, or any other items that could be found under or on the subject property, with all easements and rights of way appurtenant thereto, which property purchaser agrees to buil/ ueon the following terms and conditions for the purchase price of $40,000.00 , payable as follows• $ y +000.00 hereby receipted for, $ 39,000.00 by cash or -certified funds on date of delvery of deed, plusthe usual purchaser closing expenses. If a note and trust deed or mortgage is to be assumed, the purchaser agrees to apply for a loan assumption if required and purchaser agrees to pay (1) a loan transfer fee not to exceed $NOT APPLICABLE and (2) an interest rate not to exceed NA % Iper annum. If the lender's consent to a loan assumption is required, this contract is expressly conditioned upon obtaining such consent without change in the terms and conditions of such loan except as above stated. If a secured or unsecured loan is to be carried by the seller, seller shall not be obligated to carry said loan for any person or entity in lieu of the purchaser named herein. Price to include: ALL OF THE ABOVE LEGAL DESCRIPTION. 1. /A/n7Y tfa'cl bfid ala'id jfoWt4,/d�fi �tif e tddlte,�dri current commitment for title'irf�uranee policy in an amount equal to the purchase price, at seller's 4Iy'iditlaiiexpense, shall be furnished the purchaser on or before DECEMBER 7 19 L/�e'�l ii��tr �ri�riiiis�ii�siitl4t�t�i�vir�ei�a /o�rl't+�i?�htk�i i,e I l e r will deliver the title insurance policy to purchaser after closing and pay the premium thereon. 2. Title shall be merchantable in the seller, except as stated in this paragraph and in paragraph 8. Subject to payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a,good and sufficient GENERAL warranty deed to said purchaser on DECEMBER 21 , 19 t51 or, by mutual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general taxes for 198._ ., payable January 1, 19�L_ , and except NO OTHERS , _ free and clear of all liens for special improvements now installed, whether assessed or not; free and clear of all liens and encumbrances except: NONE and except easements for: SMITH AND DOLL COAL MINE ROAD THAT MAY INTERSECT THE SUBJECT PROPERTY AND NO OTHERS. and subject to building and zoning regulations and the following restrictive covenants: OF THE COUNTY OF GARFIELD AND RULES AND REGULATIONS OF THE DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT. 3. General taxes for the year of closing shall be apportioned to date of delivery of deed based on the most recent levy u`ul t}yyt wucGrecent assessment. Prepaid rents, water rents, sewer rents, and interest on encumbrances, if any, and lvU vltiC;HJ shall be apportioned to date of delivery of deed. No. SC 28.12-77. Receipt and Option 1'untract(Vacant Land)—lirdrord Publishing Co., 15165 We 441h Avenue, Golden, Colorado 80401 —1303)275-0644 — 3-80 .1. The hour and place of closing shall hias designated by BILL CRUTCHER REALTY 5. Possession of premises shall he delivered to purchaser on DATE OF DELIVERY OF DEED, subject to the following leases or tenancies: NONE AS OF NOVEMBER 17, 1981. 6. In the event the premises are substantially damaged by fire. flood or other casualty between the date of this agreement and the date of possession or the date of delivery of deed, whichever shall be earlier, this agreement may, at the option of t he purchaser herein, he declared null and void and any deposit herein made shall be immediately returned to purchaser. 7. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or performed as herein provided, there shall be the following remedies. In the event a payment or any other condition hereof is not made, tendered or performed by the purchaser, then this contract shall be null and void and of no effect, and both parties hereto released from all obligations hereunder, and all payments made hereon shall be retained on behalf of the seller as liquidated damages. In the event that the seller fails to perform any condition hereof as provided herein, then the purchaser may, at his election, treat the contract as terminated, and all payments made hereunder shall be returned to the purchaser: provided, however, that the purchaser may, at his election, treat this contract as being in full force and effect with the right to an action for specific performance and damages. 8. Except as stated in paragraph 2, if title is not merchantable and written notice of defect(s) is given by the purchaser or purchaser's agent to the seller or seller's agent within the time herein provided for delivery of deed and shall not be rendered merchantable within 30 days after such written notice, then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract, if any, to seller; provided, however, that in lieu of correcting such defect(s), seller may, within said 30 days, obtain a commitment for owner's title insurance policy in the amount of the purchase price reflecting title insurance protection in regard to such defect(s), and the purchaser shall have the option of accepting the then existing insured title in lieu of such merchantable title. The seller shall pay the full premium for such owner's title insurance policy, and the abstract, if any, shall be returned by the purchaser. 9. Additional provisions: NONE 10. If this proposal is accepted by the seller in writing on or before _ NOVEMBER �5_, 19 $1 this ins ument :hall beco." a contract between seller and purchaser and shall inure to the benefit of the heirs, BILL CRUTCHER REALTY P 0 BOX 1041 ertGLENW0OD SPRINGS, CO 81602 sti/cssord assi • - f s ch part urchaser .11/17/81 A Date Purchaser Date Seller accepts the above proposal thi, dap of By: CHER, BROKER—REALTOR—GRI NOVEMBER ,19 $land agrees to pay a commission of 8 % of the gross sales price for services in this transaction, and agrees that, in the event of forfeiture of payments made by purchaser, such payments shall be divided between the seller's broker and the seller, one-half thereof to said broker, but not to exceed the commission, and the balance to the seller. lHtllllii rllrr AULINH MUNDY H1CHAUD urchaser's Address Seller's Address 201 East Wilson, Monticello, Il 61856 (217)762 7882 • • • STATE OF COLORADO, County of Garfield I, Mildred Alsdorf, County Clerk and Recorder in and for said County, in the State aforesaid, do hereby certify that the foregoing is a full, true and correct Co. Garfield Count Commissior:ers minutes on of F �� 165 , 166 , 167as the same appears upon the records of my office. March 14, 1988, Bk "Q", Given under my hand and official seal, this May A.D. 1990 11th 4:45 day of o'clock P M. MILDRED ALSDORF NTY CLERK AND RECORDER March, 1988 - Page 165 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO March 14, 1988 BUDGET TRANSFER Chuck discussed a transfer of funds from the Social Services to capital expenditures funds in order to finance fixed assets purchased by Social Services. Commissioner Smith made a motion that the Chairman be authorized to sign a resolution transferring $65,000 from the Social Services Fund to the Capital Expenditures Fund for the purpose of financing the purchase of fixed assets in the Social Services Department. Commissioner Schmueser seconded the motion; carried. FAIRGROUNDS TRACTOR LOAN Chuck discussed the request of Lee Moss, Fairgrounds Manager, to loan the Fairgrounds tractor to the High School's Future Farmers of America for the purpose of making a small rrk aroma ar Fho rai rgrniinric. Tho Rnarri apprnvori, HIGHWAY USERS REPORT King Lloyd, Road & Bridge Supervisor, submitted the Highway Users Report and stated a total of 37.01 miles of road have been added for the county to maintain making a total of 744.26 miles of county maintained roads. The total mileage of public roads is 970.15. Porcupine Creek and Spruce Creek roads have been added along with a portion along Salt Creek. County roads added to the report not previously part of the report were Slaughter Gulch Road and Smith and Dole Coal Mine Road. Commissioner Schmueser made a motion that the roads discussed be added to the Highway Users Report and the Board accept the Highway User Report and that it be submitted as presented. Commissioner Smith seconded the motion; carried. RIFLE BRIDGE King, Mark Bean and Chuck also discussed a petition to open the Rifle Bridge and the Board directed Chuck to contact Ted Anderson of the City of Rifle to see if the City of Rifle would repair the bridge and open it to the public and after their response, a letter will be published explaining the county's position and attempts made regarding this bridge. Commissioner Schmueser made a motion that the Board go into Executive Session for the purpose of discussing the Environmental Protection Agency litigation. Commissioner Smith seconded the motion; carried. Commissioner Schmueser made a motion that the Board come out of Executive Session and reconvene as the Board of County Commissioners. Commissioner Smith seconded the motion; carried. The meeting was recessed for lunch at 12:00 and reconvened at 1:30 p.m. with all Commissioners present. PEST AND WEED Members of the Pest and Weed Board present for the meeting were Keith Mikesell, Tony Siegfried, Harold Shaeffer and John Nieslanik. The Board discussed with them the fact that although the county was required by statute to eradicate pest and weeds, it could no longer be involved with the sale, storage or distribution of pest and weed chemicals due to the inability to find liability insurance. The Pest and Weed Board will need to be responsible for this. It was found that $12,797.56 was pulled from the Pest and Weed Board funds in 1983 and there is a current inventory of $16,748.85. After considerable discussion the Board directed that the County Pest and Weeds Control Supervisor, Tony Siegfried, work under the directions of the Pest and Weed Board, with an office located in the Extension Department; that a private contractor be hired to distribute the chemicals and that the Pest and Weed Board be responsible for the storage, sale and distribution of the chemicals. Commissioner Smith made a motion that the $12,797.56 and all current inventory be returned to the Pest and Weed Board. The spray truck with equipment will be sold or given to the Pest and Weed Board according to directions from Attorney Don DeFord. Commissioner Schmueser seconded the motion; carried. ROAR?r: FORK RAILROAD -SUPPORT FOR CONTINUING NEGOTIATIONS There was a discussion regarding the request from Susan Musgrove, Carbondale Chamber of Commerce, for support from the Board for continuation of the negotiations for the Roaring Fork Railroad. Commissioner Schmueser made a motion that the Chairman be authorized to sign a resolution supporting the continuation of negotiations between parties instituting the Roaring Fork Railroad. Commissioner Smith seconded the motion; carried. 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