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HomeMy WebLinkAbout2.0 Correspondence• • CALOIA & Houvr, P.C. ATTORNEYS AT LAW SHERRY A. CALOIA JEFFERSON V. HOUPT TRAVIS S. THORNTON May 6, 1997 Ms. Avis Downey For Lola Marie Anderson 3036 East Hindale Avenue Littleton, CO 80122-1945 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 Re: Property Owned by Estate of Andersonjn Garfield County Near Rifle. Colorado Dear Ms. Downey: Enclosed please find a copy of an Easement Deed that I have prepared for your review and approval. Because the easement location accessing that 2.0 acre -lot was on the other side of the lake, we are also asking that you agree to abandon any other easement that may exist on the property. We think this is appropriate, noting your request to use the upper easement. Please review this document and let me know whether it is acceptable. It will be necessary for the designated representative to sign it and return it to me, so that I can have Lee Alleman sign it and record it with the County Clerk & Recorder. If you have any questions or concerns about the deed, please let me know. Sincerely, CALOIA & HOUPT, P.C. SAC:lln Enclosure cc: Lee Alleman, w/enc. Tom Zancanella, P.E., w/enc. ALLEMAN-Downey-ltr-1 LAVL 3 UA , 71 ) C ty to,t. • bkO/ 1 -774 () ( 3 , ,A)2 _dr v -Y\ Zej:4 ,p 0 R.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 Z4NC4NELL4 4141) 4,550C141E5 ENGINEERING CONSULT4NTS February 11, 1997 2177-173-00-129 Central Aggregates P.O. Box 26 Rifle, CO 81650 RE: Realignment of Easement Dear Land Owners: (970) 945-5700 (970) 945-1253 Fa We are writing in regards to your property located in Township 6 South Range 93 West located in the SW%4 of the SWY4 and the SEA of the SWY4 of Section 17, near Rifle Colorado, see attached USGS map. Mr. Alleman owns the property to the south of your property and wishes to enlarge the lake on his property. The enlargement of the lake would by necessity require the relocation of your access to the proposed new road. On behalf of our client Lee Alleman, Zancanella and Associates, Inc. was asked to contact you regarding the proposed realignment of an easement on the Alleman property that provides access to your property. The proposed new alignment should allow for year round access to your property. The enclosed map shows both the existing and the proposed easements. Prior to making the lake improvements we would like your approval. If the proposed changes are acceptable, please sign and return a copy of the following page to our office. We will then develop a legal description and prepare documents abandoning the existing easement and replacing them with new easements with the same basic dimensions as the existing. No physical work will be performed until you have had an opportunity to review and sign the final document, however your cooperation in this matter would be appreciated. If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. Q Terri L. Lance Geologist L: \95223`adj own erltr.wpd 2d/P(4)011).(0-9 diy''.0 I - i4C /Z • LOCATION The Lake Toueye site (formerly Anderson Pond) is located adjacent to and north oothe e ee Village South subdivision and adjacent to and south of interstate 70. The entry u is approximately three miles from the 1-70 Rifle Intercl ange via County Road 320 and Village Drive and Browning Drive which are dedicated public roads within h �CIe Village T South subdivision. These roads are maintained by Gar:iuid County. A. FIGURE 1, Lake Toueye General Location.) THE SITE The total property is approximately 79 acres with about 30 acres consumed by steep slopes and wetlands in the southwestern portion of the site. The current lake provides dapproximatee eastiwest ly 14.4 acres of water surface and provides about 1,700 feet of length dimension of the lake. An access easement, sixty feet in width extends from the nod erlly tend of Boo a 0 forowning ot pve, past the west end of the lake and then east along the north sunderpass connecting the north and south sides of the tue�aridte. The benefit of groutwas granted p of property the Colorado Department of Transportation for the owners located north of the Interstate, although the easement was recorded as an easement for the use of the general public. There is c.lso an unoccupied parcel (2.0 acres t%-) not owned by the owner of the Lake Toueye Water Ski Club property located in the southeast corner of .. the site as shown on (SHEET 1 OF AT TACIONT ) The City of Rifle wastewater treatment ponds are located immediately west of the lake site and the sewer outfall line is located along the northern edge of the property from the easterly end of the site to about 3/4 th of the length of the site where it turns ninety degrees and runs southward into the site (just west of the current lake) then again turns ninety degrees and runs west to the sewage lagoons. (See ATTACI FENT B). Wetlands in proximity to the proposed irnprovement activities have been mapped and verified by the Corps of Engineers (See ATTACHMENT B). Be°��'sting lakof aends . Other wetlands have been nmay tified southwest of the proposed lake expansion and east of occur south of the lake but no activities tai nanous locations ns a ongsed in that rthe horeline of thty. Also, a earrow lake. ribbon of wetland vegetation occurs Cottonwoods, small trees and brush also occur on the site in scattered clumps. The lake is visible from I-70 being generally 10 to 20 feet below the Interstate elevation. There is approximately 40 feet of grade: change beware loeen the cated. and the of this grade south where residences of the Rifle Village South subdivision change takes place in a very steep bank just inside the south property line. A large part of the site is in the 100 Y. ar Flood Fringe of Helmer Gulch. The site is not in the floodwav of either Helmer Gulch o:the Colorado River. The floodplain in the area of the rl LIIPACTS OF THE PROPOSED IMPROVEMENTS and ACTIV111ES Sewer Line: Engineering plans for the relocation of the sewer line have been submitted to the City of Rifle for final review and approval. The City has previously given their preliminary approval of the relocation of the line conditioned upon review of the engineering plans. The sewer line, which is currently mounded to provide adequate soil cover will be incorporated in to the fill areas such that there will be adequate fill over the line without a linear, elevated mound disrupting the site. Existing, kcpess-Easement: The sixty.:;foot_wide public access easement will be relocated west of the proposed lake expansion. The Colorado Department of Transportation has indicated they would be satisfied with a relocated easement, but that the parties for which the easement was originally intended to serve must also grant their approval. A formal request to approve the relocation has been sent to the CDOT. Letters requesting written approval of the easement relocation have also been sent to the other easement beneficiaries. Copies of.these letters are included with this application as ATTACH-LMEN'T E. The relocated easement coincides with the new access drive to the clubhouse area. Fill that is placed within the easement will be pit -run gravel which will create a stable roadway base should the easement ever be used. It appears that the only historic use of the easement may have been to utilize the area north of the interstate as pasture for cattle. Wetlands: The two blocks of mapped wetlands on the site will not be disturbed or impacted by the proposed excavations, fills, site improvements or recreation activities at the site. The expansion of the lake will cause some of the shoreline wetlands vegetation to be temporarily removed. This disruption will be authorized by a Corps of Engineers General Permit Number GP -045. See ATTACHMENT I for a copy of the application to the Corps of Engineers. The authorized permit will be provided to the County as soon as it is available from the Corps. The expansion of the total lineal, footage of shoreline will create greater opportunity for shoreline wetlands. The result of the lake expansion will be a net increase of wetlands. Flood Fringe: the fill and As described in Zancanella and Associates letter (See ATTACHMENT F), improvements will not adversely effect the flood impacts on downstream properties. The fill will also elevate the parking and building pads above the potential sheet flow flooding. The lowest finish floor of any constructed clubhouse facility will be one foot above the existing ground surface. This will assure the finish floor to be above the maximum one foot deep shallow, overland sheet flow flooding identified in this area. 5 -- -- -- '3 w - ' is, 0 1 00000' Z < • O4. u to to 0 vzVI W N 500'25'25"E 295.17' ogbl a38 rDp ' c+lj- O 11400'25' Haat' 0') U r .4 Z8III -I �VI 03 b 0 zto 29 17' Z o N O U � w ut m 5caY Raimo Q 0 a 0 0) 0 La 07 IDm m Z K 1 ata at .11 U 1.1 1') m §aix 2 n0' 0NCX/ y Oa 0, q 1 , 00'34'50" 429.32' 0'1 OSAS 01L. 1v M_L 1,10.005 t Recorded at `V) n'0 Reception No. �s 'clock QUIT CLAIM DEED THIS DEED, Made ihis 9th day of March , 19 8 7, between Rifle Village South Metropolitan District of the *County of Ga r. f i e l d and State of !\)i Colorado, grantorpt), and I S. W. Anderson and Lola Marie Anderson whose legal address is 0016 Remington Street, f�. Rifle, Colo. 81650 of the County of Garfield 711 ai; r29 GARFIELD JUN 2 3 1987 tate Doc. F'eo and State of Cole;.. o. granteets), N- WITNESSETH, That the grantor(s), for and in consideration of the sum of t en dollars ,i on and other good and valuable consideration �1XJ4 TC9C the receipt and sufficiency of which is hereby acknowledged, ha S remised, released, sold. conveyed and QUIT CLAIMED. and by these presents do remise, release, sell, convey and QUIT CLAIM unto the grantee(s). their heirs, successors and assigns. -..., forever. all the right, tide, interest, claim and demand which the grantor(X) ha S in and to the real property. together with ..- ".: improvements, if any, situate, lying and being in the County of Ca r f i e 1 d and State of Colorado. described as follows: A parcel of land situated in the NE' NWS of Section 20, Township GJ_ 6 South, Range 93 West of the Sixth Principal Meridian, lying y Southerly of the Northerly line of said Section 20, said parcel of land is described as follows: Beginning at a point on the Northerly line of said Section 20 whence the North Quarter Corner of said Section 20 bears: N.89°31'45"E 165.00 feet; thence S.00°32'20"E. L 295.17 feet; thence S.89°31'45r'W. 295.17 feet; thence N.00°32'20"W. 295.17 feet to a point on the Northerly line of said Section 20; thence N,89°31'45"E. along the Northerly line of said Section 20, 295.17,feet to the point of beginning. 1 The above described parcel of land contains 2.00 acres, more or less. Together with a 30 foot road access easement lying Northerly and and parellel to -a ditch as constructed and in place, said easement is described as follows: Beginning at a point in the center of a 60 foot roadway as constructed and in place whence the Northwest Corner of said Section 20 bears: N,71°45'00"W. 497.95 feet: thence the centerline of said 30 foot road access easement traverses Easterly and parellel to said ditch through the NW< NW -4 and NE'4 xisoAxxvxia.mmmd:tulad3cxx+x of said Section 20 to the described 2.00 acres of ground. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity. to the only proper use, benefit and behoof of the grantee(s), their heirs and assig/is forever IN WITNESS WHEREOF, The grantor(s) ha s executed this deed on the date, set forth above. ' ll RIFLE VILL G):ISQU �1E.1.}tOP01,IT't1N - TRIC.T BY: ,'./%`/ •-T-.i Robert L. Hea•J Jr�' President STATE OF COLORADO, County of Garfield The foregoing instrument was acknowledged before me this 23rd day of by Robert L. Healy, Jr. as President xkl.atxxixtx x:xrxat9xor *If in Denver, insert "City and." June , 19 . Witness my hand -and olticial seal. ''''rtr:ct,,'• • `�./, LC (ti. .-t:471-;71 ,' -t,,7• lar ,�, .198 7 xsxxxxxx '/ GARFIELD COUNTY CLERK &'REC03DER No. 933. Rev. 3-85. QUIT CLAIM DEED Bradford Publishing. 5825 W 6th Ave , Lakewood, CO 0214 -- (303) 211.ouvo r, N„ • ERIC D. McCAFFERTY GARFIELD COUNTY PLANNER 109 8TH ST. SUITE 303 GLENWOOD SPRINGS, CO 81601 MARCH 26, 1997 DEAR MR. McCAFFERTY, WE OWN ONE OF THE THREE HOUSES CLOSEST TO THE ANDERSON POND PARCEL. WE HAVE MET WITH THE NEW OWNERS OF THE PROPERTY, NOW CALLED LAKE TOUEYE, ABOUT THEIR PLANS FOR THE PROPERTY. WE HAVE NO OBJECTIONS TO THE LAKE EXPANSION OR TO THEM USING THEIR LAKE FOR A PRIVATE WATER SKI CLUB, AS THEY HAVE DESCRIBED IN THEIR SPECIAL USE PERMIT APPLICATION. IT HAS BEEN USED FOR WATERSKIING (AND OTHER RECREATIONAL PURPOSES) FOR THE PAST EIGHT YEARS ALREADY. RESPECTFULLY, JSJU,T AND KENDR'A LC 119 SHOTGUN DRIVE RIFLE, CO 81650 SHERRY A. CALOIA JEFFERSON V. HOUPT TRAVIS S. THORNTON Don DeFord, Esq. Garfield County Attorney 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 CALOIA & HOUPT, P.C. ATTORNEYS AT LAW April 4, 1997 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 Re: Easement Across Alleman, Nicholas, Campbell Property for Lake Toueye Flood Plan and Special Use Permit Dear Don: Enclosed you will find a copy of a letter I have written to Beau King along with copies of the warranty deeds from Francesca Real Estate Corporation into Alleman, Nicholas, Campbell, LLC. Even though I believe that Mr. King and Francesca Real Estate Corp. would have no objection to the relocation of the easement, I have not been successful in getting them to sign a Relocation of Easement document. In fact, I have not been able to contact him other than by leaving messages with is secretary and by letters. I went back and reviewed the deeds because I wanted to see what sort of reservations were on the deeds regarding this particular easement. I know that Francesca does not use the easement and that the easement is actually a Colorado Department of Transportation easement that was maintained when Interstate 70 went in. It is for the purpose of allowing access for the gravel trucks. The gravel pit operator and property owner has agreed to the relocation of easement. The relocated easement will be beneficial to the parties as it will be a wider roadway and is easily used by all parties. I have always questioned whether Francesca even intended to reserve an easement as it does not appear as if they would ever use this particular easement. According to the documents recorded with the Clerk and Recorder, there is no reservation contained within the general warranty deed for any easements across our property. As you can see in the 6th paragraph, the conveyance is subject to easements (as attached in Exhibit B). However, we checked with the County Clerk and Recorder and there is no Exhibit B attached to either the General Warranty Deed or Correction Deed with the County Clerk and Recorder's Office. I also include a copy of Francesca's deed. Therefore, I am asking that you agree that Francesca has no recorded easement across Alleman, Nicholas, Campbell property and that we not be required to obtain permission to relocate. ALLEMAN-DeFord-ltr-1 CALOIA & HOUPT, P.C. Don DeFord, Esq. Page 2 April 4, 1997 • • Francesca all along knew of my clients' plans to expand the lake. They were the ones who applied for the water right for the enlargement of the Pond and augmentation plan. They set forth the description of the enlarged lake area. Obviously, the enlargement of the lake would obliterate this easement and require it to be relocated. By the filing and obtaining of this water right and augmentation plan they had full knowledge of my client's plan to enlarge the lake. It is apparent that they knew all along that the road would have to be relocated and consented to such. I am happy to give you whatever other information you may need. However, I am asking that we not be held up by their failure to respond. If you have any questions, please feel free to give me a call. Very truly yours, CALOIA & HOUPT, P.C. SAC:nla Enclosures cc: Lee Alleman, w/o. enc. Beau King, via fax, w/enc. Thomas Zancanella, w/o enc. Ron Liston, w/o enc. ALLEMAN-DeFord-ltr-1 • • CALOIA & HOUPT, P.C. ATTORNEYS AT LAW SHERRY A. CALOIA JEFFERSON V. HOUPT TRAVIS S. THORNTON Mr. Beau King Francesca Real Estate Corp. 9800 Pagewood, Apt. 2906 Houston, Texas 77042 Re: Easement Relocation Dear Beau: April 4, 1997 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 Via Fax - (713) 974-2622 I have tried repeatedly to have you confirm in writing your willingness to relocate an easement you claim benefit of that traverses the land you sold to Alleman, Nicholas, Campbell, LLC. However, my time has run out and I must now assert to the Board of County Commissioners that you retained no easement when you sold the property to Alleman. The General Warranty Deed and subsequent correction deed both state that, if any easements were excepted from the transfer, they would be contained in an attached Exhibit B. However, no Exhibit B was recorded with the deed or correction deed. As far as the public record shows, there is no documentary evidence of an easement. Therefore, I do not believe you have an easement, and I will assert such to the Planning Commission and Board at the upcoming hearings. If you would like to discuss this, please give me a call. Sincerely, CALOIA & HOUPT, P.C. SAC:lin cc: Lee Alleman, via fax - 479-0102 e6doe-r 11/1111111111111111111161545272G 40 12/24/1944 10r310 SR 1081 PG 120 REG 21.10 DOC 10.Qe NOT 0.0e GARFIELD COUNTY CLZR GENERAL WARRANTY DEED Flied for record the _ day of , A.D. 1996, at Recorder. Reception No. o'clock M. THIS DEED, Made on this day of 1 g id DECEMBER, 1993 between FRANCESCA REAL ESTATE CORPORATION, a corporation duly organized and existing under and by virtue of the laws of the State of COLORADO of the first part, and ALLEWN, NICHOLAS, CAMPBELL GROUP, LLC, whose legal address {a P • 0. Box 11C3, Hinters, CO 8 164 5 , County of Eagle and Stere of Colorer, of the second part: WITNESSETH, That the said pat of the first part, for and In consideration of the sum of TEN AND NO/DOLLARS, the said party of the first part In hand paid by the said party of the second par 'the receipt whereof la he&oby confessed and acknowledged, had granted, bargained, sold and conveyed and by.theoe presents does grant, bargain, sell, convey and confirm unto the said 13 antes of the Second part, heirs and assigns forever, ail of the following described Iotas) or parcnl(s) of larid, surfaee,estato only, situate, lying and being in the County of Garfield, arid State of Colorado, to wit: SEE EXHiBTT'A' ATTACHED HERETO AND MADE A PART HEREOF. nl;o known as Vacant Land, Rtfle, Colorado. TOGETHI3R with all and singular the hereditaments and appurtenances thereunto belonging, or In anywise appertaining, and the reversion or reversions, remainders. rents, issues and profits thereof; and at the est'te, right, tftie, Interest, claim and demand whatsoever of the said part of the first part, either In law or equity, al, and in and to the above bargained premises. with the hereditaments and appurtenances. TO RAVE AND TO HOLD the said promises above bargained ..nd do;.cribad, with the appurtenances, unto the said parties of tho second part, (their) heirs arid asc;cns forever. Ann the said FRANCESCA REAL ESTATE CORPORATION party of the first Dart, for ttsetf, and -its Nsuccessors, does covenant, grant, bargain and agree to and with the said parties of the socond part, (their) heirs and assigns, that at the time of the ensea,'ing and dnilvery of these presents it is well seized of the premises above conveyed, as of a good, sure, perfect, absolute and indefeasible estate of Inherttanoe, In Iaw, In fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convoy the same In mariner of form atore•id, and that the same are free and dear from all former and ether grants, bargains, soles, liens, taxes, assessments and encumbrances of whatever kind or nature soever, EXCEPT GENERAL TAXES g. AND ASSESSMENTS FOR THE YEAR 1996 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS (as attached in Exhibit 'B*), RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY, IN EXISTENCE, IF ANY. and the above bargained premises In the quite and peaceable possession of the said parties of the second part heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said party of the first part has couaec corporate name to be hereunto subscribed by its President and its corporate seal to be hereunder affixed, attested by its Secretary, the day and year Orsi above written. ATTEST: RAY M. CHNEIDER, Secretary BEAU S. KIN resident •W5 _— CoLdwy-ki'Banker , !ng},en I1rolsar. Dr n: Peter Kellrey 720 E. Durant Aspen-iST E l I 54 444 ry rt '�,V wy,„1.4 it,. •�f w-aT F;,'1•�wN .,r,?r.'1 :W $.1•A • • MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: MARK BEAN DATE: 10/30/97 RE: LAKE TOUEYE SPECIAL USE PERMIT Resolution No. 97-45 approved a Special Use permit for a private water skiing club for the Lake Toueye Water Ski Club. (Attached) One of the conditions of approval required a review of the peiuiit on November 3, 1997 at 11:30 a.m.. The purpose of the meeting is to determine whether or not the conditions of approval have been met. If the Board were to propose any changes to the conditions of approval, it will require the setting of a public hearing date to consider any conditions of approval. In reviewing the file for the Lake Toueye SUP, it appears that there are two issues not completely resolved. Condition #7 states "that the applicants provide an access easement along the north and east sides of the lake for the property owned by the Anderson estate." Enclosed is a copy of an offer of a 25 $. wide easement along the north and east sides of the lake. According to the attached letter, the Anderson family has not accepted the offer. There has been some additional discussion of a public access easement to the property on the north side of I-70 and through the applicant's property. The applicant has indicated that a copy of an easement will be presented the County Attorney that will demonstrate that there is no public access. The only access to the north side of the interstate is to the adjoining property owners. Condition #9 required a letter from the Garfield County Road stating that the existing roads are adequate for the proposed traffic. There is a letter that was submitted by King Lloyd prior to the final decision that indicates certain signs would be appropriate in the area to deal with the traffic. (See attached) He indicated that he had provided the letter to his foreman for that area to have the signs placed. He was also under the impression that the ski lake was going to be open to the public when he reviewed it initially and his comments were directed to a need to direct people to the lake that were not members of a club. He had no additional comments regarding the roads to and from the ski lake. CALOIA & HOUPT, P.C. ATTORNEYS AT LAW SHERRY A. CALOIA JEFFERSON V. HOUPT TRAVIS S. THORNTON Mark Bean, Director Garfield County Development Dept. 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Don DeFord, Esq. Garfield County Attorney 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 August 13, 1997 Re: Special Use Permit for Alleman Dear Mark and Don: AUG 1.3,19991 1204 GRAND awELD rri GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 I have received no response from the Loys (Lola Anderson relatives) concerning my latest letter and offer of easement. While I have the original easement document in my file I am not releasing it. At the current time, I believe it is not proper for me to file the easement document with the Clerk and Recorder when I believe that the Grantee will not accept it. I am retaining this document in my files. However, it is my client's position that the easement has been rejected. At this time, I believe the requirement to provide them an easement has been complied with and I am hoping that we can proceed to finalize the special use permit. If you have any questions, please give me a call. Very truly yours, CALOIA & HOUPT, P.C. Sherry A. Ca oia SAC:nla cc: Thomas A. Zancanella, P.E. Lee Alleman ALLEMAN-Bean-Itr-2 • • CALOIA & HOUPT, P.C. ATTORNEYS AT LAW SHERRY A. CALOIA JEFFERSON V. HOUPT TRAVIS S. THORNTON July 28, 1997 Ms. Lola Anderson c/o Gordon and Linda Loy 10991 County Road 320 Rifle, CO 81650 Re: 25 -Foot Easement JUL 29 1997 1 WHE W cry 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 Dear Gordon & Linda: Enclosed please find a 25 -foot easement document for access to the two acre parc el • of property that is owned by Lola Anderson. Please note that this access is for this parcel only and is a non-exclusive private easement. The Alleman, Nicholas, Campbell group is offering this easement to Lola pursuant to the agreement made at the public hearing. The 25 feet is the size of easement that the County would require in any subdivision application process and is all that we are willing to offer. The original easement document is in my possession and will be recorded only upon your written acceptance of this easement. Therefore, please notify me in writing within 14 days of the date set forth above of your acceptance or denial of this easement, which I consider to be in satisfaction of the County requirement. Otherwise, I will consider the easement not accepted, we will not record the easement and the offer will be withdrawn. I look forward to hearing from you. Very truly yours, CALOIA & HOUPT, P.C. herry A. loia SAC:nla Enclosure cc: Mark Bean, w/enc. Don DeFord, Esq., w/enc. Lee Alleman, w/enc. Tom Zancanella, P.E., w/enc. ALLEMAN-Anderson-ltr-2 ALATYN LODGE ToN0.303 479 0102 EASEMENT DEED •Jan 17,1: 8:21 P.01 THIS EASEMENT DEED made this z.5 day of July 1997, between ALLEMAN, NICHOLAS, CAMPBELL, LLC, whose address is 365 Vail Valley Drive, Vail, CO 81657 (hereinafter "Grantor") and LOLA MARIE ANDERSON, whose address is 3036 East Hindale Avenue, Littleton, CO 80122- 1945 (hereinafter "Grantee"); W 1 T N E S SET 11: That the Grantor, for and in consideration of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and quit claimed, and by these presents does remise, release, sell, convey and quit claim unto the Grantee, his successors and assigns, forever, all the right, title, interest,claim and demand being which the Grantor has in and to the real property, together with improvements, if an, , situate, lying in the County of Garfield, and State of Colorado, described as follows: A non-exclusive casement 25 feet in width, described on Exhibit A, for the purpose of access to Grantee's property, which is described on Figure I; both Exhibit A and Figure 1 are attached hereto and incorporated hereat by this reference. Grantee's property is described as a two acre -parcel for one single-family homesite, shown on Figure 1, labeled "Grantee's 2 Acre Parcel." This easement shall be the only access into this parcel as shown on Figure 1, labeled "Grantee's 2 Acrc Parcel," traversing across the property of Grantor. TO IIAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in laworequity, to the only proper use, benefit and bchoof of the Grantee, his successors and assigns r. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. ALLEMAN, NICHOLAS, CAMPBELL, LLC STATE OF COLORADO ) ss. COUNTY OF EAGLE Acknowledged, subscribed, and sworn to before me this Z&lay of Ji1y 1997, by Lee Alleman, 1vlapr, Alleman, Nicholas, Campbell, LLC. 1`�('1�1{ 1• WITNESS my hand and official s al. My Commission expires: By r1 r,uer-. (i:\W P51\l)OCS\Al .1.I'MATi.9ED July b1, 1997 ,,;re:re7.�. tary Public GR., RTYN LODGE ToN0.303 479 0102 LEGAL DESCRIPTION Jan 17,1: 8:22 P.02 A 25 foot wide access easement, whereas the centerline begins on the property line at a point where the Northwest corner of Section 20, Township 6 South, Range 93, West of the 6th Principal Meridian bears North 44 degrees, 54' 37" West, a distance of 690.47 feet. Thence North 01 °-17'-00" West, a distance of 371.23'; Thence North 15°-39'-59" West, a distance of 19.42'; Thence North 52°-44'-13" West, a distance of 21.54'; Thence North 81°-23'-50" West, a distance of 27.77'; `thence South 78°-26'-29" West, a distance of 40.18'; '!'hence South 76°-35'-19" West, a distance of 75.13'; Thence South 67°-01'-34" West, a distance of 106.04'; Thence South 86°-25'-45" West, a distance of 69.95'; Thence North 61°.44'-09" West, a distance of 64.40'; Thence North 46°-15'-45" West, a distance of 85.88'; Thence North 00°-34'-57" West, a distance of 63.67'; Thence North 00°-44'-58" West, a distance of 117.35'; Thence North 32°-41'-1 9" East, a distance of 56.18'; Thence North 48°-59'-18" East, a distance of 51.04'; Thence North 69°-33'-23" East, a distance of 99.45'; Thence North 82°-59'-29" East, a distance of 525,38'; Thence South 89°-26'-24" East, a distance of 803.12'; Thence North 82°-01'-36" East, a distance of 202.20'; Thence South 89°-26'-24" East, a distance of 497.76'; Thence North 86°-44'-36" East, a distance of 168.55'; Thence North 89°-15'-08" East, a distance of 232.34'; Thence South 00°-48'-13" East, a distance of 371.74'; Thence North 900-00'-00" West, a distance of 152.86'; To the ending point of the easement, on an existing property line of an approximate 2.0 acre in holding on the property. I.:14 5 223\enxtiuc,,ln\eament2.wpol GP.LATYN LODGE 0 V TON0.303 479 0102 Jan 17,1: 8:22 P.03 900 0'15.* S00 31'21'1 0 Qi Q% 0 Qi Q 3 N d u, 0 vii CO N ^ 723 t'•' , V ri.-' o W b �o ua Yri .') In ,.,3. C Z O y2 a 10539'59N N52'44.13'w 3.3.3.3.; ppN N GD Z 00 N 0 9) , C b. no 2 2 mm uul.7- MF 00, 2 2 :J J0N t OnJ�Jon 11700'1 m 50Q31'21'E / K 224.60 110! (0 U!'11 NOOY1.58-V/ ,17.30' N00 34'50' 4211.22' a 6 'i Ghanaed emerand_width to 25 4. • COUNTY OF GARFIELD AN• STATE OF COLORADO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GARFIELD, STATE OF COLORADO, and the STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, Petitioners, vs. S. W. ANDERSON, et al, Respondents. CIVIL ACTION NO. 7,47 PETITIONERS' PRE-TRIAL STATEMENT A. STATEMENT OF THE FACTS: This is an eminent domain action brought for the purpose of acquiring land from the respondents for the construction of I-70, a limited access highway. B. PENDING MOTIONS: Petitioner I) •v .sion of Hii7hways' Motion to Amend Description of land to be acquired. C. STIPULATIONS AND ORDERS OF COURT: March 14, 1975 - Court Order - Exchange of appraisal reports no later than "(D days prior to pre-trial. 1. Petitioner Division of Highways delivered copies of its appraisal reports to respondents by letters dated January 1`), 1974 and January 20, 1974. 2. Respondents have failed to deliver appraisal reports to petitioner Division of Highways. Since •pondents have failed to.mpl,y with the Court's Order, petitioners move for an order prohibiting respondents from calling any expert witnesses. WITNESSES: 1. John Fitzgerald - Staff Appraiser; /1201 East Arkansas Avenue, Denver, Colorado 80222. Mr. Fitzgerald will testify as to his opinion of the Fair Market Value of the land taken and damages, if any, to the remainder. 2. Edward Hansen - Resident Engineer, Colorado Division of Highways; P.O. Box ,LI. __ Grand Avenue. Glenwood ;:olorado Mr. Hansen will testify acout the construction features of the hi -hway. Mark T. Byers, Sr. - Engineer: Title ^nrineer.np Company, South £ roadway . Englewood, Colorado 0iiO. 'r. 'yvers '.i1 ..est`', r about the extent c.f su:.' ec t cwnersh : . 4. S. W. Anderson, as an a:'.verse witness. Mr. Anderson will testify regarding ine details of a contract and sale of about LO acres to Robert Scarrow and is expected to testify that certain contracts and deeds were backdated and actually involved no consideration. Robert Scarrow, who will testify concerning the transaction mentioned above. Mr. Scarrow is expected to testify that certain deeds and contracts regarding a 40 acre sale were backdated and involved no consideration. 6 Charles Potter, Bradford-Rohinsor printing Co., 1324 Staut, Denver, Colorado 30202 _ C Tel: 341-7164. Mr. Potter is expected to testify that some contracts and deeds used in an S. W. Anderson to Robert Scarrow conveyance of about 40 acres were backdated as much as three years. 7. Lola M. Anderson, as an adveroe witness, to testify that she attended public hearings on July 17, 1972, regarding the location of Interstate 70. F. EXHIBITS: 1. Flatline drawing of subject Property. 2. Sketch on flatline drawing of irrigation ditches on subject property. Photos of pumping system. 4 Contracts and deeds netwetn S. W. Anderson and Robert Scarrow. U. S. Corps of Engineers Flood Plain Study and overlay from the study on flatline drawing. G. CONTESTED ISSUES OF LAW AND FACT: 1. Admissibility of subdivision sales. 2. Extent of property which can be considered a remainder for damages purposes. Issues which ordinarily hecome evident from a review of the respondents' appraisal cannot be set forth here, because there has teen no compliance with the Court's order to exchange appraisals. 6. Charles Potter, Bradford-Robinso,rinting Co., 1824 S ut, Denver, Colorado 80202 Tel: 341-7164. Mr. Potter is expected to testify that some contracts and deeds used in an S. W. Anderson to Robert Scarrow conveyance of about 40 acres were backdated as much as three years. 7. Lola M. Anderson, as an adverse witness, to testify that she attended public hearings on July 17, 1972, regarding the location of Interstate 70. F. EXHIBITS: 1. Flatline drawing of subject property. 2. Sketch on flatline drawins of irrigation ditches on subject property. :. Photos of pumping system. 4. Contracts and deeds between S. W. Anderson and Robert Scarrow. U. S. Corps of Engineers Flood Plain Study and overlay from the study on flatline drawing. G. CONTESTED ISSUES OF LAW AND FACT: 1. Admissibility of subdivision sales. 2. Extent of property which can be considered a remainder for damages purposes. Issues which ordinarily become evident from a review of the respondents' appraisal cannot be set forth here, because there has been no compliance with the Court's order to exchange appraisals. �.��.•Aa vl Vrli\1 1L.LL t • STATE OF COLORADO . THE BOARD OF COUNTY COMMISSIONERS ) OF THE COUNTY OF GARFIELD, STATE ) OF COLORADO, and the STATE ) DEPARTMENT OF HIGHWAYS, DIVISION ) OF HIGHWAYS, STATE OF COLORADO, ) Petitioners, ) vs. ) S. W. ANDERSON, et al., ) Respondents. ) CIVIL ACTION NO. 7547 MOTION TO AMEND COMES NOW the petitioner, State Department of Highways, Division of Highways, State of Colorado, by and through the office of the Attorney General, and moves this Honorable court for its Order allowing petitioner to amend the legal description in the Petition in Condemnation in the followinc manner: 1. That in previous descriptions filed herein an access road designated as part of Parcel E 307-B was described. 2. That a portion of this access road located immediately north of the proposed highway to the extent of approximately 884 feet is no longer required by the petitioner. 3. That the elimination of this portion of the access road has resulted by reason of Orders of this Court in Civil Action No. 7552, Bd. of County Commrs., et al. vs. Gordon E. Loy, et al., wherein the petitioner was permitted to acquire the entire parcel to which this portion of the access road led. 4. That said descriptions previously filed herein should be amended to decrease the amount of land to be taken by 0.608 acres, and that said parcel should be redesignated as Parcel E 307 B Rev. D. int a copy of this amended description is attached hereto and made a St hereof. II 1. That in previous descriptions filed with this Court a parcel designated as E 307 Rev. was described. This parcel was in the nature of an access roadway to a portion of the respondent's remainder on the South of the proposed highway. This roadway easement was in part approximately 30 feet in width. 2. That at the request of the respondent a part of said roadway easement has been widened to approximately 60 feet in width. 3. That said description previously filed herein should be amended to increase the amount of land to be taken by 1.469 acres, and that said parcel should be redesignated as Parcel E 307 Rev. 2. 4. That a copy of this amended description is attached hereto and made a part hereof. III 1. One of the parcels being affected by the overall acquisition was designated as TE-307B, a temporary easement. 2. That as a result of the taking of land adjacent to this parcel, access is totally denied thereto and the parcel is left in such shape and condition as to give rise to claims and litigation concerning severance and other damages. 3. That in order to remove from controversy this issue of severance and damage, the entire parcel should be acquired. 4. That this parcel contains 9.015 acres of land and has been designated Parcel 307 C. 5. That under circumstances such as these the petitioner, pursuant to C.R.S. 43-101-1(1), 1973, as amended, is authorized =irc,uirc thr whcm1c, October 30, 1997 • To Whom It May Concern: I have been water skiing since 1987, using American Water Skiing Association (AWSA) approved tow boats, on the lake adjacent to the Rifle South Subdivision, which is presently owned by Lee and Carol Alleman and their partners. From 1987 through 1996, the water ski club, of which I was a member, leased this property from Francesca Real Estate Corporation, who had earlier purchased the property from the Anderson family. In 1996, the property was purchased by the Alleman group. I had this property listed for sale, through my real estate brokerage, continuously since 1990. From the time I was first involved in this property, to my knowledge, there has never beenany public access, either allowed, deeded, or taken by virtue of prescription or adverse possession, through this property. The title insurance also gives no record of any public access given through this property. If you have any further questions, please feel free to contaat (970) 925-6750. Since% y, eter Kelley • TC:THL P . 01 tioner admiSd would not provide accAll to the headgates for the larger equipment required during construction or repair of the headgates, although it would permit access for routine maintenance vehicles. 13. The DISTRICT has repeatedly and in good faith attempted to procure an adequate access to the headgates from the Petitioner, but to no avail, and the Petitioner has offered neither compensation or alternative access to the DISTRICT. 14. Without adequate access, the DISTRICT will be unable to properly maintain the headgates and will not be able to insure service to users within the DISTRICT. 15. In the course of its construction activity, the Petitioner has: a. Fenced the right of way granted by the Court order and thereby entirely cut off access to the DISTRICT'S headgates. b. By its agents, employees or subcontractors, entirely or substantially interferred with the flow of said headgatesin willful and wanton disregard of the rights of the DISTRICT. c. ;3y its agent, employees or subcontractors, have rendered useless a measuring weir from the headgates which was in place and functioning. d. The Petitioner'has substantially impaired the DISTRICT'S ability to provide services to areas north of the highway right of way, including the City of Rifle. 16. The richt to the use of water taken from the natural streams of the State of Colorado for domestic use is 17 •Petitioner has failed tAll/ay the DISTRICT for the loss and damages caused by the acts of the Peti- tioner, and refused to pay any damages to the DISTRICT arising out of said acts. 18. No action having been instituted by or on behalf of the Petitioner to condemn the DISTRICT'S property or to ascertain just compensation for taking or damaging the said property, the Petitioner has deprived the DISTRICT of its property, contrary to and in violation of Section 1 of the 14th Amendment to the Constitution of the United States of America. 19. Petitioner has deprived the DISTRICT of its property and the use of said water, contrary to Section 15, Article 2 of the Constitution of the State of Colorado. 20.. The DISTRICT did file a separate action in the District Court in and for the County of Garfield, being Civil Action No. 7862, requesting injunctive relief through the provision by the Petitioner of reasonable and adequate access to the DISTRICT'S heodgates , and to repair and re- place a measuring weir damaged by the Petitioner. 21. District Judge Charles F. Stewart, in said Civil Action No. 7862, did find on July 23 1976, "that the DISTRICT'S access . . has been unreasonably controlled or limited and, hence, they are entitled to damages . . .", and ordered that the injunctive action be dismissed "with- out prejudice, however, to the filing by the DISTRICT of a cross -petition in Civil Action No. 7547 pursuant to the pro- visions of C.R.S. 1973, 38-1-109". 22. That the DISTRICT has been damaged in the loss of the aforementioned use of its water, and the devices neces- 13. No action having been instituted by or on behalf of th•etitioner to condemn th•ISTRICT'S property or to ascertain just compensation for taking or damaging the said property, the Petitioner has deprived the DISTRICT of its property, contrary to and in violation of Section 1 of the 14th Amendment to the Constitution of the United States of America. 19. Petitioner has deprived the DISTRICT of its property and the use of said water, contrary to Section 15, Article 2 of the Constitution of the State of Colorado. 20. The DISTRICT did file a separate action in the District Court in and for the County of Garfield, being Civil Action No. 7862, requesting; injunctive relief through the provision by the Petitioner of reasonable and adequate access to the DISTRICT'S headgates, and to repair and re- place a measuring weir damaged by the Petitioner. 21. District JudGe Charles F. Stewart, in said Civil Action No. 7862, did find on July 23, 1976, "that the DISTRICT'S access . . . has been unreasonably controlled or limited and, hence, they are entitled to damages . and ordered that the injunctive action be dismissed "with- out prejudice, however, to the filing by the DISTRICT of a cross-petition in Civil Action No. 7547 pursuant to the pro- visions of C.R.S. 1973, 38-1-109". 22. That the DISTRICT has been damaged iii Clic loss of the aforementioned use of its water, and the devices neces- sary to said use, in the amount of approximately S.40 per 1,000 gallons, or $1.5 million dollars per year. III WHERE RE, the RIFLE VILLAGE SOUTH METROPOLITAN DISTRICT, Cross -Petitioner, hereby prays for judgment against the Petitioner as follows: 1. For loss of use of its water and the devices necessary to said use in the amount of $.40 per 1,000 gallons, or $1.5 million dollars per year. The DISTRICT reserves the right to amend and provide a more accurate amount at the time of trial, or as determined. 2. For damages to the measuring weir, in the amount of $500.00. 3. For costs and expenses incurred herein, and such ether and further relief as to the Court may seem proper. Respectfully submitted this 6th day of October, 1976. FRENCH AND PAYNTER By Ree.. No. 4611 Attorneys for Cr6ss-Petitioner, Rifle Village South Metropoli- tan District P. O. Box 726 Crested Butte, CO 81224 Phone: 349-5656 CERTIFICATE OF MAILING I hereby certify that I did deposit in the United States mail at Crested Butte, Colorado,, a copy of the fore- going Cross -Petition of Rifle Village South Metropolitan Dis- trict, postage prepaid and properly addressed, to Ms. Vicki J. Fowler, Assistant Attorney General, 1525 Sherman Street, Room 306, Denver, Colora,L, 80203, Attorney for Petitioner; to Mr. Thomas W. Stuver, Attorney at Law, P. O. Bo.x 907, Rifle, • N. 89°35'W. 446.3' rv90.2' 01,' -• 2022 5 8\°53 W umwiiirWar -, 4 la: ��1 43r2 1 I I I 1 I I I 1 I II I I I Iii O'Ffi VA N ui _ O (0-) APP"--lier Jo882.9' 0 00 An -- -- o �, 0 2 CO _do P/6'5 N .89°35'E. Point of Begin 1 Lot 12 Parcel 307 REV. 3 I8 19 NE 1/4 NE 1/4 �oSc7/y7P D 7:5 � I ✓P. • , o�,00., ,;/ /97. 0 % `• TRA Er— Point of Begin 2? °' 79° 58 .3O �. //1a T. 307-C 673. 7 EV.3 ..89°35'E. Point of Begin / Lot 12 Parcel 307 REV. 3 4 NE 1/4 rr J z N.89635' W. .1:; 659 7' 307 REV. 3 S. 89°35'E. 18_ 17 0 19 1� rap Lc 20 Point of Begin E 307 REV. 2 1 60.0 ! 1 1 1c3 w l� 60.0'- N. 89°3 i I- ° 0 I Gordon E. Loy 5 Linda M. Loy BOOK 420 PAGE 539 S.89° 33'W. 658.0' 307 REV. 3 ti z —A .,o Lot 6 1517.1 1072.8' 1 S.89°161 W. E 307 REV. 2 N. 89° 31' 30" E. �E307 REV.2 60.0' N I/2—NW 1/4 evil Action No. 7"">•',7 THE BOARD OF COUNTY COMMISSIONERS ) OF THE COUNTY OF GARFIELD, STATE ) OF COLORADO, and the STATE ) DEPARTMENT OF HIGHWAYS, DIVISION ) OF HIGHWAYS, STATE OF COLORADO, ) ) Petitioners, ) ) vs. ) ) S.W. ANDERSON; LOLA MARIE ANDERSON; ) AGNES PRATT; C.ERNEST PRATT; and ) BERENICE McDONALD, as Treasurer ;and ) Public Trustee of Garfield County, ) ) Respondents. ) ) ORDER The above entitled case was before the Court on November ?(+th, 1975, for a henrin on H:titioners' Motion to Amend TE -307-B (Temporary Easement) to 2,,u:u7-C REV. (A Fee Tnkin2) , the Petitioners appearing by Wayne Schroeder, Special Assistant_ Attorney General, and Respondents, Anderson and Lola Marie Anderson, appearing, by Richard T. Paynter, Jr. of French and Paynter; and the Court having heard testimony offered by the respective parties and arguments of counsel took the matter under advisement and now makes findings as follows: The temporary easement 307-:3 consisted of 3.702 acres and was used by Petitioners to excavate an old channel of the Colorado River adjacent to the northerly side of ;:he 1-70 Richt-of- Way (Parcel 307 REV.3) and the gravel and rocks were used for a protective embankment. 6,282 cubic yards were excavated and used for this purpose. Parcel 307-C REV. would enlarge the tract to seven acres and would be a fee taking. The Petitioners assert that 307-C REV. is needed in order to continue doing such work as may be required to control the river and prevent damage to the Interstate in times of high water. Access for this purpose would be from the Interstate by pe .fission of the maintenance section of the Highway Department. Respondents Andersons also own n sizable tract of land to the north and east of the seven acres sought to he condemned (excepting a tract of 10 acres, more or less, on the easterly side owned by Gordon and Linda Loy). They apparently take the position that all of this land, including the seven acres in 307 REV., will be damaged bv the construction of the Interstate Highway because the only access is i,k means of a ten toot by ten foot concrete box opening under the Highway situated approximately 2,000 feet easterly of Parcel 3(7 REV. This position does not present an argument against a :cc kins,, of Parcel 307 REV. because damage to the residue wu1;.,! oH': oust • He less oh per acre hnsis than the :alar > ;� No issue was Cla(ie and no evidence was presented to the Court in opposition t0 the necessity for the taking of the seven acres for the stated purpose and the Motion to Amend the Temporary Easement to a Fee Taking, of the property described as Parcel 307-C REV. should be granted. The Petitioners have urged the applicability svcCLien uL Lhe uL:partine,11. Respo ents Andersons also own •izahle tract of land to the north and east of the seven acres sought to he condemned (excepting a tract of 10 acres, more or less, on the easterly side owned by Gordon and Linda Loy). They apparently take the position that all of this land, including the seven acres in 307 REV., will he damaged Hy the construction of the Interstate Highway because the only access is means of a tc'n toot by ten foot concrete box opening under the Highway situated approximately 2,000 feet easterly of Parcel ()7 kh'V. This position (hoc's not present an argument against a : ee aki nc of Parcel )07 REV. because damage to the residue would l' O U s 1 v 1 ess on i per acre has is than the value i): the :ee. No issue was made and no evidence was presented to the Court in opposition to the necessity for the taking o; the seven acres for the stated purpose and the Motion to Amend the Temporary Easement to a Fee Taking of the property described as Parcel 307-C REV. should he granted. The Petitioners have urged the applicability of C.R.S. 1973, za3-1-210 (1) as authority ;or the amendment requested, nut in the Court's view, the facts in this case do not fit either o;: the tests set north in that statute. The remainder is 'not left in such shape or condition as to he of l itt l e value to its owner" nor would it "give rise to claims or litigation concerning severance or other damage" not already present in the case. • • 3. Accordingly, IT IS ORDERED that Petitioners' Motion to Afnd TE -307-B (Temporary Easement) to 307-C REV. (A Fee Taking) should be and is hereby granted. Done in Chambers at Glenwood Springs, Colorado, this ___day of December, 1975. BY THE COURT: • representatives of the Department and representatives of the 2. District both before and after the action was initiated against Andersons. The District representatives asked for an access to the headgate by an underpass 14 by 24 feet but for the reasons set out below the Department constructed an underpass 10 feet by 10 feet. It is clear and undisputed that it is necessary to utilize heavy equipment about once a year (some witnesses said 3 or 4 times a year) to repair the headgates on the Colorado River and the 10 by 10 foot underpass is too small to permit the passage of this equipment. The witness, Ed Hansen, resident engineer for the Department, testified that the request was for a 12 by 24 foot underpass and that it was considered and rejected because it was not justified economically and was too large structurally to meet underpass standards, and that the 10 by 10 foot structure was the largest possible because of the height of the water table. Mr. Hansen also testified concerning other alternative means of providing access: (1) An access from the rest area on the northerly side of 1-70 east of the District's headgates was considered and rejected because the rest area was built with Federal funds and no roads are permitted and for the further reason that it would require a land fill in the Colorado River to provide a roadway from the rest area to the headgates; (2) A locked gate in the 1-70 fence was rejected because after review by the Federal authorities and Highway Department they concluded that there would be no real control of vehicles usinz lu Leec Dy lu reec. 1c is clear and undisputed that it is necessary to utiliz•eavy equipment about on• a year (some witnesses said 3 or 4 times a year) to repair the headgates on the Colorado River and the 10 by 10 foot underpass is too small to permit the passage of this equipment. The witness, Ed Hansen, resident engineer for the Department, testified that the request was for a 12 by 24 foot underpass and that it was considered and rejected because it was not justified economically and was too large structurally to meet underpass standards, and that the 10 by 10 foot structure was the largest possible because of the height of the water table. Mr. Hansen also testified concerning other alternative means of providing access: (1) An access from the rest area on the northerly side of 1-70 east of the District's headgates was considered and rejected because the rest area was built with Federal funds and no roads are permitted and for the further reason that it would require a land fill in the Colorado River to provide a roadway from the rest area to the headgates; (2) A locked gate in the 1-70 fence was rejected because after review by the Federal authorities and Highway Department they concluded that there would be no real control of vehicles using the gate. Mr. Hansen testified further that the District could obtain access in an emergency by "permit" which requires applying to the Highway Department and agreeing to pay for all damage in- cluding highway landscaping. 3. The Court notes that the original Petition in this action which was filed December 4, 1974, prayed for damages or in the alternative for a mandatory injunction to compel the Department to provide adequate access to the District's headgates. Later the District employed other counsel and asked for and was granted the right to file an Amended Petition which, as indicated above, asks only for equitable relief. The threshold question is whether the Court has the authority or jurisdiction to grant the District the equitable relief prayed for in the Amended Petition, or is the awarding of damages the exclusive remedy for interfering with access under the circumstances of this case? If an action for damages is the exclusive remedy then, of course, the action must be dismissed. The District cites no authorities in support of its position that it is entitled to equitable relief. Under the law in Colorado, as well as most jurisdictions, injunctive relief is not a proper remedy in an eminent domain proceeding, and if it is not available in such a proceeding, it certainly is not available by an in- dependent action instituted against the condemnor by one who has not even been made a Respondent in the eminent domain proceeding. "The law can be no more clearly stated than in Colorado Central Power Co. v. City of Engle- District's headgates. Later the Disict employed other counsel and— asked for and was granted the right to file an Amended Petition which, as indicated above, asks only for equitable relief. The threshold question is whether the Court has the authority or jurisdiction to grant the District the equitable relief prayed for in the Amended Petition, or is the awarding of damages the exclusive remedy for interfering with access under the circumstances of this case? If an action for damages is the exclusive remedy then, of course, the action must be dismissed. The District cites no authorities in support of its position that it is entitled to equitable relief. Under the law in Colorado, as well as most jurisdictions, injunctive relief is not a proper remedy in an eminent domain proceeding, and if it is not available in such a proceeding, it certainly is not available by an in- dependent action instituted against the condemnor by one who has not even been made a Respondent in the eminent domain proceeding. "The law can be no more clearly stated than in Colorado Central Power Co. v. City of Engle- wood, 89 F. (2d) 233, wherein.the United States Cir- cuit Court said: 'It is well settled that where ob- jections may be heard in defense to a condemnation proceeding resort to equity may not be had because one having such an adequate and complete remedy at law cannot invoke injunctive relief. Georgia v. Chattanooga, 264 U.S. 472, 44 S. Ct. 369, 68 L. Ed. 796; Black Hill & N.W. Ry. Co. v. Taco Mill Co. (C.C. .) 129 F. 312; Suncrest Lumber Co. v. North Carolina Park Commission (D.C.) 30 F. (2d) 121; Scanland v. Board of County Commissioners, 97 Colo. 37, 46 P. (2d) 894; Sutton v. Village of Morenci, 202 Mich. 91, 167 N.W. 958; Minear v. Plowman, 197 Iowa, 1188, 197 N.W. 67; Georgia Industrial Realty Co. v. City of Chattanooga, 163 Tenn. 435, 43 S.W. (2d) 490; Halstead v. City of Brazil, 83 Ind. App. 53, 147 N.E. 629.' • This Court has carefully considered the propriety of injunctive relief in previous decisions, and we find that Colorado is in accord with the pronounce- ment of the federal court. For example in Scanland v. Board of County Commissioners of the County of Jef- ferson, 97 Colo. 37, 46 P. (2d) 894, a petition for injunction was filed to restrain the relocation of a public highway after a petition in condemnation had been filed. This court said therein: 'Plaintiffs adopted an erroneous theory. Their remedy was by intervention in the condem- nation proceedings. If damaged, they had a plain, speedy, and adequate remedy at law, and by an appropriate cross -petition, could have been heard, and their rights determined in the condemnation action. X • *' Summarizing the weight of authority on this question, Lewis on Eminent Domain, 2d Edition, Vol. 2, Section 646, comments: 'A bill in equity will not lie to enjoin proceedings for condemnation, for the reason that the mere taking of such proceedings does no injury to property, and for the further reason that the grounds relied upon for an injunction may be urged in defense of the proceedings.' " Glendale v. Denver, 137 Colo., 192. Clearly the remedy of the District is by filing a cross -petition in Civil Action No. 7547 pursuant to the provisions of C.R.S. 1973, 38-1-109 to obtain damages for unreasonable con- trol or limitation of access to its headgate and for damages to its measuring weir. It appears pertinent to note that in the absence of bad faith or fraud courts will not disburb decisions by public bodies charged with the duty of locating and aligning city -or Chattanooga, 163 Tenn. 435, 43 S.W. (2d) 490; Halstead City of Brazil, 83 IndSpp. 53, 147 N.E. 629. This Court has carefully considered the propriety of injunctive relief in previous decisions, and we find that Colorado is in accord with the pronounce- ment of the federal court. For example in Scanland v. Board of County Commissioners of the County of Jef- ferson, 97 Colo. 37, 46 P. (2d) 894, a petition for injunction was filed to restrain the relocation of a public highway after a petition in condemnation had been filed. This court said therein: 'Plaintiffs adopted an erroneous theory. Their remedy was by intervention in the condem- nation proceedings. If damaged, they had a plain, speedy, and adequate remedy at law, and by an appropriate cross -petition, could have been heard, and their rights determined in the condemnation action. x *' Summarizing the weight of authority on this question, Lewis on Eminent Domain, 2d Edition, Vol. 2, Section 646, comments: 'A bill in equity will not lie to enjoin proceedings for condemnation, for the reason that the mere taking of such proceedings does no injury to property, and for the further reason that the grounds relied upon for an injunction may be urged in defense of the proceedings.' " Glendale v. Denver, 137 Colo., 192. Clearly the remedy of the District is by filing a cross -petition in Civil Action No. 7547 pursuant to the provisions of C.R.S. 1973, 38-1-109 to obtain damages for unreasonable con- trol or limitation of access to its headgate and for damages to its measuring weir. It appears pertinent to note that in the absence of bad faith or fraud courts will not disburb decisions by public bodies charged with the duty of locating and aligning of highways or other public projects (Dallasta v. Department of Highways, 153 Colo. 519, 387 P. 2d 25); that in the exercise of this duty by the Department as to 1-70 this Court has found, • • 5. and the Court trying Civil Action No. 7547 might also well find, that the District's access (and Andersons' access also) has been unreasonably controlled or limited and hence they are entitled to damages; and that the damages awarded could be disproportionately high when weighed against the cost of providing an alternate method of access to the subject head - gates. The Court recalls that Mr. Hansen testified on cross examination that the "locked gate" method of providing access might be satisfactory with the Highway Department if the Court ordered that only Mr. Todd or his agent could have access from 1-70 to the headgates. Since this action will be dismissed, it is un- necessary for this Court to rule on the other points urged by the Department in support of its Motion. Accordingly, IT IS ORDERED that the Motion of the Department to dismiss this action should be and is hereby granted, without prejudice however to the filing by the District of a cross -petition in Civil Action No. 7547 pursuant to the provisions of C.R.S. 1973 38-1-109. Done in Chambers at Glenwood Springs, Colorado, this Y.:34day of July, 1976. BY THE COURT: DISTRICT JUDGE, ASSIGNED • AND STATE OF COLORADO 0 Civil Action No. 7547 THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GARFIELD, STATE OF COLORADO, and the S._TE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, Petitioners, vs. S. W. ANDERSON; LOLA MARIE ANDERSON; AGNES PRATT; C. ERNEST PRATT; and BERENICE McDONALD, as Treasurer and Public Trustee of Garfield County, Respondents. L'd i_ii.i-, .)UR'T C;...aut,;d C..;,....... y, C:wa OCT - t'i' CROSS-PETITION OF RIFLE VILLAGE SOUTH METROPOLITAN DISTRICT COMES NOW the Cross -Petitioner, RIFLE VILLAGE SOUTH METROPOLITAN DISTRICT, by and through its attorneys, French and Paynter, and pursuant to C.R.S. 1973, 38-1-109, hereby files its Cross -Petition in the above -captioned ac- tion, setting forth the following: 1. Cross -Petitioner is a Metropolitan District formed by Order of the Garfield County District Court on June 19, 1967, in action number 5751. (Hereafter "DISTRICT") 2. The DISTRICT was formed for the purpose of providing water and sewer services to persons residing within the boundaries of the DISTRICT. 3. S. W. Anderson and Lola Marie Anderson are property owners within the DISTRICT who are the owners of adjudicated water rights, namely, the' J. T. Pearce Ditch, and the W. A. Skelton Ditch, the source of said water being a set of headgates on the Colorado River. 4. That prior to 1971, the DISTRICT had agreed and contracted with S. W. Anderson for the provision of water necessary to 4lot the DISTRICT'S obligai s from the afore- mentioned ditch rights controlled by said headgates. 5. That said agreement and contract wa's full, com- plete and binding on both S. W. Anderson and the DISTRICT with the exception of the price to be paid for said water rights, which price was left open until the DISTRICT was able to se- cure financing to commence its water and sewer service sys- tem and purchase the rights. 6. On January 4, 1974, Petitioner (Department of Highways) initiated an action to condemn a portion of S. W. Anderson's land and secured immediate possession thereof. 7. That prior to said condemnation action, said Petitioner had actual knowledge and notice of the DISTRICT'S rights to and interest in the aforementioned headgates and the flow of water through said headaates. 8. Said condemnation had the effect of severing the Anderson headqates from the or.operty and thereby said Petitioner trespassed anon, and converted to its own use the DISTRICT'S access to and easement over said property to the headgates, and thereby appropriated the water of the DISTRICT. 9. No action was ever instituted by or on behalf of the Petitioner to condemn the DISTRICT'S property or access to said headgates, nor to ascertain just compensa- tion for taking or damaging said property. 10. That thereafter the Petitioner agreed to pro- vide the DISTRICT with an access to its headgates, through a box culvert under the Petitioner's highway. 11. Said box culvert was agreeable to the DISTRICT as long as it would be of sufficient size to allow access by the exception the price to be paid fillsaid water rights, which price was left open until the DISTRICT was able to se- cure financing to commence its water and sewer service sys- tem and purchase the rights. 6. On January 4, 1974, Petitioner (Department of Highways) initiated an action to condemn a portion of S. 4. Anderson's land and secured immediate possession thereof. 7. That prior to said condemnation action, said Petitioner had actual knowledge and notice of the DISTRICT'S rights to and interest in the aforementioned headgates and the flow of water through said headgates. 8. Said condemnation had the effect of severing the Anderson headgates from the or.operty and thereby said Petitioner tresnassed upon, and converted to its own use the DISTRICT'S access to and easement over said property to the headgates, and thereby appropriated the water of the DISTRICT. 9. No action was ever instituted by or on behalf of the Petitioner to condemn the DISTRICT'S property or access to said headgates, nor to ascertain just compensa- tion for taking or damaging said property. 10. That thereafter the Petitioner agreed to pro- vide the DISTRICT with an access to its headgates, through a box culvert under the Petitioner's highway. 11. Said box culvert was agreeable to the DISTRICT as long as it would be of sufficient size to allow access by large equipment for construction or repair of the headgates. 12. That the Petitioner then, unilaterally, con- structed a 10' x 10' cemented box culvert, which the Peti- STATE OF COLORADO • THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GARFIELD, STATE OF COLORADO, and the STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, Petitioners, vs. S. W. ANDERSON, et al., Respondents. •CIVIL ACTION NO. 7547 MOTION TO AMEND FILED- [N DISTRICT COURT Q.s.-'tI County, Calends I JUN, COMES NOW the petitioner, State Department of Highways, Division of Highways, State of Colorado, by and through the offic of the Attorney General, and moves this Honorable court for its Order allowing petitioner to amend the legal description in the Petition in Condemnation in the following manner: I 1. That in previous descriptions filed herein an access road designated as part of Parcel E 307-B was described. 2. That a portion of this access road located immediately north of the proposed highway to the extent of approximately 884 feet is no longer required by the petitioner. 3. That the elimination of this portion of the access roa has resulted by reason of Orders of this Court in Civil :'action N 7552, Bd. of County Commrs., et al. vs. Gordon E. Loy, et al., wherein the petitioner was permitted to acquire the entire parce to which this portion of the acces's road led. 4. That said descriptions previously filed herein should be amended to decrease the amount of land to be taken by 0.608 acres, and that said parcel should be redesignated as Parcel E 307 B Rev. • • That a copy of the Amendeddescriptnis attached hereto and made a part hereof. WHEREFORE, petitioner prays for an Order permitting it to amend the description in the Petition in Condemnation to reflect the changes referred to above by substituting Second Amended Exhibits A and B for the previous Exhibits filed herein. Respectfully submitted, J. D. MACFARLANE Attorney General RICHARD W. PHILLIPS Acting Chief Highway Counsel Special Assistant Attorney General LEONARD RIPPS Special Assistant Attorney General Attorneys for Petitioner 4201 East Arkansas Avenue Denver, Colorado 80222 Telephone: 757-9317 111 PROJECT NO, I 70-1(11111SEC, 3 RIFLE EAST AND WEST May 26, 1975 PARCEL NO. 307-A REV. A tract or parcel of land No. 307A Rev, of the State Department of Highways, Division of Highways, State of Colorado, Project No. 1 70-1(12) Sec. 3 containing 1.078'acres, more or less, in Lot 12 of Section 18,' Township 6 South, Range 93 West," of the Sixth Principal Meridian, in Garfield County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point on the west line of Lot 12, Sec. 18, T. 6 S., R. 93 W., 6th P.M. from which the SE corner of Sec. 1.8 bears S. 84° 30'E. a distance of 1326.2"feet; 1. Thence N. 63° 51' E: a distance of 481.4 feet; 2. Thence N. 89° 35' W: a distance of 442.4 feet; 3. Thence S. 11° 18' 30" E. a distance of 41.0 feet; 4. Thence S. 0° 43' E.' a distance of 175.2 feet, more or less, to the point of beginning. The above described parcel contains 1.078 acres, more or less. ALSO PARCEL NO. 307 REV. 2- A tract or parcel of land No. 307 Rev. 2 -of the State Department of Highways, Division of Highways, State of Colorado, Project No. 1 70-1(12) Sec. 3 containing 32.020 -acres, more or lass, in Lot 12,' Sec. 18 rind Lot 6 -and the SEA of the SWA of Section 17,' Township 6 South, Range 93 'rest,' of the Sixth Principal Meridian, in Garfield County, Colorado, said tract or parcel being more particularly described ,-is follows: Beginning at a joint on the cast line of Sec. 18, T. 6 S., R. 93 W 6th P.M.' from which point the SE corner of Sec. 18 bears S. 00 53' E., a distance of 332.9.feet; 1. Thence along the east line of Sec. 18, N. 0° 53' W., a distance of 402.0'fcet; 2. Thence N. 89° 35' W. a distance of 673.8 feet; 3. Thence S. 81° 53' W. a distance of 90.2 feet to a point on the median line of the Colorado River as determined from Government Survey notes; 4. Thence along said median line S. 61° 17' W., a distance of 365.0.feet; 5. •T trrnrr ,r-rirttutnittt g 411-nr4 rt•ML11 fltr. 4.13' ' StT'" `d'.. J ctsiat duce - of 272.4 feet; Rifle E 6. W 5/26/75 Par. No. 307-A III. (tal SHEET NO. 2 6. Thence S. 11' 18' 30" E., a distance of 158,8 feel; 7. Thence S. 89' 35' E. -a distance of 1325.3 feet, more of less, to the point of 1,epinning; The above described portion of parcel 307 Rev. acres, more or less. ALSO contains 10.324 Beginning at a point on the west line of Sec. 17, T. 6 S., R. 93 W. , 6th P.M. from which the SW corner of Sec, 17 bears S. 0° 53' E. a distance of 332.9'feet; 1. Thence S. 89° 35' E. a distance of 1517.1 feet; 2. Thence N. 81° 53' E. a distance of 202.2 feet; 3. Thence S. 89° 35' E. a distance of 500.0 feet; 4. Thence N. 86° 36' E: a distance of 300.7 feet; 5. Thence S. 89° 35' E: a distance of 119.0 feet to the east line of the SE of the SWA of Sec. 17; 6. Thence along the east line of the SES of the SWC of Sec. 17,- N. 0° 57' 30" W., a distance of 322.0 feet; 7. Thence N. 89° 35' W. a distance of 1319,0 feet to a point on the west line of the Sn. of the tih' of Sec. 17;• 8. Thence along the west line of the SE-. of the SW of Sec. 17,. S. 0° 47' E., a distance of 24.6 feet to a point on a northerly property line; 9. Thence along a northerly property line, S. 89° 33' W., a distance of 658.0 feet to a property line; 10. Thence along said property line, N. 0° 46' 30" W., a distance of 64.5 feet; 11. Thence N. 89° 35' W., a distance of 659.7 feet to a point on the west line of Sec. 17; 12. Thence along the west line of Sec. 17, S. 0° 53' E., a distance of 402.0, more or less, to the point of beginning. The above described portion of Parcel 307 Rev. 2 contains 21.696 acres, more or less. The above described parcel contains a total of 32.020 acres, ;ore or • less. General the of defendant: The defOdant contends generally that the plaintiff had no right of way or right of access across the property upon which Interstate 70 has been constructed, and that the Court has no jurisdiction to order the defendant to provide other access or to replace or repair a weir (which defendant contends has not been damaged). Matters admitted: The following matters stand admitted and require no proof at trial: 1. There is no dedicated public way across the property of S. W. Anderson to the headgates described in the Amended Petition. 2. There is no written contract between S. W. Anderson and the plaintiff granting to the plaintiff a right of way or right of access across the property of S. W. Anderson to the headgates described in the Amended Petition. 3. The attached Exhibit A has never been recorded or dedicated to or accepted by the Board of County Commissioners. Plaintiff claims no right of way or right of access across the property of S. W. Anderson other than that shown on Exhibit A. 4. On January 4, 1967, the defendant obtained orders of immediate possession in Civil Actions Nos. 7547, 7551 and 7552 for construction of Interstate 70 across the property of S. W. Anderson and Gordon Loy and Robert Scarrow. 5. Plaintiff is a Metropolitan District formed by order of The Garfield County District Court on June 19, 1967, in C. A. No. 5751: Amendments Pleadings: The plaintillOs motion to file an Amended Petition is granted. Trial setting: This case is set for trial to the Court for one day, November 14, 1975, commencing at 9:00 A.M.. Discovery: The defendant's oral request to take the deposition of S. W. Anderson is granted, and the deposition is set for September 24, 1975, at 9:00 A.M. in the Garfield County Courthouse. Defendant is to have a reporter available. Motion for order requiring an election: The Court has ordered that the plaintiff may file its Amended Petition. Since the Amended Petition no longer asks for damages, the Court deems the election to have been made by the plaintiff, and no ruling on the motion is required. Counsel concur. Issues: 1. Whether the defendant did, in the course of its con- struction of the highway, damage and render useless a measuring weir and, if so, whether it is responsible for repairing or replacing said weir. 2. Whether or not the plaintiff had legally enforceable rights in and to the subject ditches and headgates prior to the initiation of condemnation proceedings against the Anderson lands which would have been burdened by these rights. 3. Whether or not the defendant did unlawfully and with- out due process of law interfere with plaintiff's rights, if any, in and to the subject ditches and headgates. 4. Whether the access provided under the highway is a reasonable access under the circumstances. 5. Whether the defendant has any duty to provide plaintiff with access to the headgates other than is already provided. 6. Whether thection is barred by sovillign immunity as provided by statute. 7. Whether the action should be dismissed for failure to comply with the notice provisions of the governmental immunity statute. 8. Whether the Court has jurisdiction to grant the in- junctive relief requested. 9. Whether the agreements and contracts referred to by plaintiff are in violation of the Statute of Frauds, C.R.S. 1973, 38-10-101, et seq., and in particular, 38-10-1o8, and are therefore void. 10. Whether defendant has standing to raise the issue in 11. Whether the access denial of which plaintiff complains results from the lawful construction of Interstate 70 on land over which this District Court had previoi;sly granted the defendant orders of immediate possession in Civil Actions Nos. 7547, 7551 and 7552. Witnesses: 1. John Todd, Rifle, Colorado. 2. Martin G. Dumont, Esq., Glenwood Springs, Colorado. 3. S. W. Anderson, Rifle, Colorado. 4. Lola Marie Anderson, Rifle, Colorado. 5. Gordon Loy, Rifle, Colorado. 6. E. K. MacAdams, Right of Way Agent for Defendant 7. Robert D. Scarrow, Scarrow and Wacker, Box 460, Glenwood Springs, Colorado 81601. 8. Aletha J. Abel, Rifle, Colorado. 9. Homer B. Abel, Rifle, Colorado. 10. Norman C. Burdick, Rifle, Colorado. 11. Frank C. Anderson, Rifle, Colorado. Exhibits: • 1. Order of Garfield County District Court of June 19, 1967, forming plaintiff as a Metropolitan District. 2. Document entitled "Tabulation of Requests For Construction Features on Project I 70-1 (12) Sec. 3" dated 6/30/70. 3. Photographs of box culvert under defendant's highway with maintenance vehicles attempting to drive into said culvert,: 4. Photographs of headgates demonstrating need for maintenance. 5. Photographs of measuring weir showing damage thereto. 6. State Department of Highways letter of May 30, 1974, to Mr. Martin Dumont regarding..the culvert access. 7. Mr. Martin Dumont's letter of May 24, 1974, to the Colorado Division of Highways. 8. State Department of Highways letter of September 10, 1974, to Mir. Martin Dumont regarding culvert access. 9. August 1971 "Description of a 60 foot road easement" with attached plat, prepared by Scarrow and Walker, Inc. 10. Documents, pleadings and Orders entered in Garfield County District Court Civil Action Nos. 7547, 7551 and 7552. 11. Water Rights decrees. 12. Letter from S. W. Anderson to John Todd dated June 13, 1975. 13. Resolution of Board of Plaintiff dated June 13, 1974. 14. Flatline drawings prepared by Department illustrating relationship of headgates to I-70 and properties of Loy, Anderson and Scarrow. • • -Stipulation: The parties stipulate that the Sixth -Affirma- tive Defense in the Answer should read "38-10-108" instead of "38-10-112." ENTERED this 3r day of .Se/trm b er , 1975. BY THE COURT: CHARLES E. STEWART, Chief Judge APPROVED: FRENCH AND PAYNTER T. Attorneys for Plaintiff P. 0. Box 726 Crested Butte Colorado 81224 Telephone: 349-5656 FOR THE ATTORNEY GENERAL 7 WAYI�(E�B. SCHROEDER Special Assistant Attorney General Attorneys for Defendant 4201 East Arkansas Avenue -West Annex Denver, Colorado 80222 Telephone: 757-9317 RIFLE SOUTH MEAPOLITAN DISTRICT, Plaintiff, vs COLORADO STATE DEPARTMENT OF HIGHWAYS, State of Colorado, Defendant. ORDER This is an action by which Plaintiff (hereinafter referred to as District) seeks a mandatory injunction requiring the Defendant (hereinafter referred to as Department) to pro- vide the District with reasonable and adequate access to its headgates on the Colorado River and to repair and replace a measuring weir allegedly damaged by the Department during the construction of Interstate 70. 1-70 is located through the property belonging to S.W. Anderson and Lola Marie Anderson in a general easterly and westerly direction and southerly of the Colorado River. The headgatesproviding water for Andersons' agricultural needs south of 1-70 and for the District's water and sewer users also south of 1-70 are located on the southerly bank of the Colorado River. The Department initiated a con- demnation action against Andersons (Civil Action No. 7547) on December 21, 1973, and, pursuant to stipulation, secured an Order of Immediate Possession on February 20, 1974. The Dis- trict was not joined as a Respondent in that action although it is clear from the evidence that there were meetings between 10-31--1,997 1 13P FROM STATE FARM INS 970+625+9229 P. 1 • • Dee McCown Insurance Agency Auto - Life - Health - Home and Business Suite B, 436 East Ave. , Rifle, CO. 81650 Phone: (970) 625-5678 TELECOPY COVER SHEET Date: /04//97 Time: j .'ao / /V Please deliver the following /D pages to: Name: Firm: 6-70 47 l Telecopy No: From: Reference: ,L412e If you do not receive all pages, please call (970) 625-5678, Notes: ,- 77,4s / GS 8-21e--/-2 YTA1/rA) , 2 /o ->-x? /7€s. o ` &oh/0 /s / 4.-o/c/g7 2 Thh9r 7,6/6 /S &Ll .eorz „o /r /5 79(...e/,06, /4760u 7: Z u 7- /4'6-- /Ervp Wae/>'Tz,)1-- 11.-56-7-8.s / /t/FD . f:69e/ ce S ��i�li.vim A 7 L 6616 /06,9 Av,6/79 r 6;44- ' .s 7,f;E N6IrS /s /1---Aeowt /22,es ,Ce Y :om4 1.0-31-.1997 1 : 15PM FROM STATE FARM INS 970+625+9229 •• ) . co...—. A y P. 6 2 .3 ( 8 %-0-----4 111 P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 10-31-1997 1:15PM FROM STATE FARM INS 970+625+9229 11110 ZINC4NELL4 QNp 455'004TES ENGINEERING CONSULr4NT5 (February 11, 1997 2177-173-00-129 Central Aggregates P.O. Box 26 Rifle, CO 81650 RE: Realignment of Easement Dear Land Owners: P_ 7 (970) 945-5700 (970) 945-1253 Fa We are writing in regards to your property located in Township 6 South Range 93 West located in the SW% of the SWY4 and the SEY4 of the SW% of Section 17, near Rifle Colorado, see attached USGS map. Mr. Alleman owns the property to the south of your property and wishes to enlarge the lake on his property. The enlargement of the lake would by necessity require the relocation of your access to the proposed new road. On behalf of our client Lee Alleman, Zancanella and Associates, Inc. was asked to contact you regarding the proposed realignment of an easement on the Alleman property that provides access to your property. The proposed new alignment should allow for year round access to your property. The enclosed map shows both the existing and the proposed easements. Prior to making the lake improvements we would like your approval. If the proposed changes are acceptable, please sign and return a copy of the following page to our office. We will then develop a legal description and ,,;prepare documents abandoning the existing easement and replacing them with new "easements with the same basic dimensions as the existing. No physical work will be performed until you have had an opportunity to review and sign the final document, however your cooperation in this matter would be appreciated. If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. c2.--)(2"'-cc Terri L. Lance Geologist L'952231a dJown erRr.wpd 19-31-1997 1 16P FROM STATE FARM INS 979+825+9229 • ,6L /1 LOCATION The Lake Toueye site (fotmcrly Anderson Pond) is located adjacent to and north of the Riilc Village South subdivision and adjacent to and south of T nterstate 70. The entry into the site is approximately three miles from the I.70 Rifle lntcrc'' :Inge via County Road 320 and Village Drive and Browning Drive which arc dedicated public roads within the Rifle Village South subdivision. 'These roads are maintained by Gat_ cid County. ( See ATTACHMENT A. FIGURE 1, Lake Toueye General Location.) THE SITE The total property is approximately 79 acres with about 30 acres consumed by steep slopes and wetlands in the southwestern portion of the site. The current lake provides approximately 14.4 acres of water surface and provides about 1,700 feet of length measured in the eastiwest dimension of the lake. -- � __-- (------- .k.n access easement, sixty feet in width extends from the northerly end of Browning Drive, past the west end of the lake and then east along the north side of the lake to a 10 foot wide underpass connecting the north and south sides of the Interstate. The easement was granted to the Colorado Department of Transportation for the use and benefit of a group of properly owners located north of the Interstate. although the easement was recorded as an easement for the use of the e er nal public. There is also an unoccupied parcel(2.0 acres -,-/-) not owned b Ilia -owner of the Lake Toueve Water Ski Club property located in the southeast corner of the site as shown on (SHEET 1 OF A1TACI IENT B). The City_ of Rifle wastewater treatment ponds are located immediately west of the lake site and the sewer outfall line is located along the northern edge of the property from the easterly end of the site to about 3/4 th of the Iergtla of the site where it turns ninety degrees and runs southward into the site (just west of the current lake) then again turns ninety degrees and runs west to the sewage lagoons. (See ATTACI- NT B). .Wetlands in proximity to the proposed improvement activities have been mapped and verified by the Corps of Engineers (See ATTACI-i INT B). Blocks of wetlands have been identified southwest of the proposed lake expansion and east of the existing lake. Other wetlands may occur south of the lake but no activities are proposed in that proximity. Also, a narrow ribbon of wetland vegetation occurs at various locations along the shoreline of the lake. Cottonwoods, small trees and brush also occur on the site in scattered clumps. The lake is visible from0-70 being generally 10 to 20 feet below the Interstate elevation. There is approximately 40 feet of grade change between the lake and the terrace to the south where residences of the Rifle Village South subdivision arc located. Most of this grade change takes place in a very steep bank just inside the south property line. A large part of the site is in the 100 Year Flood Fringe of Helmer Gulch. The site is not in the floodwav of either Helmer Gulch or the Colorado River. The floodplain in the area of the P. 8 12„,-31-1997 1 16P FROM TE FARM INS 970+625+9229 • LMPACTS OF THE PROPOSED LMPRO'VEMzENTS and ACTIV1Ilk.S Sewer Line: Engineering plans for the relocation of the sewer line have been submitted to the City of Rifle for final review and approval. The City has previously given their preliminary approval of the relocation of the line conditioned upon review of the engineering plans. The sewer line, which is currently mounded to provide adequate soil cover will be incorporated in to the fill areas such that there will be adequate fill over the line without a linear, elevated mound disrupting the site. Existig,.ccessR'Easernent: "Ihe'sixty..;foot_wide public access easement will be relocated west of the proposed lake expansion. The Colorado Department of Transportation has indicated they would be satisfied with a relocated easement, but that the parties for which the easement was originally intended to serve must also grant their approval. A formal request to approve the relocation has been sent to the CDOT. Letters requesting written approval of the easement relocation have also been sent to the other easement beneficiaries. Copies of.these letters are included with this application as ATTACFLkIENT E. The relocated easement coincides with the new access drive to the clubhouse area. Fill that is placed within the easement will be pit -run gravel which will create a stable roadway base should the easement ever be used. It appears that the only historic use of the easement may have been to utilize the area north of the interstate as pasture for cattle. Wetlands: The two blocks of mapped wetlands on the site will not be disturbed or impacted by the proposed excavations, fills, site improvements or recreation activities at the site. The expansion of the lake will cause some of the shoreline wetlands vegetation to be temporarily removed. This disruption will be authorized by a Corps of Engineers General Permit Number GP -045. See ATTACI-NfENT I for a copy of the application to the Corps of Engineers. The authorized permit will be provided to the County as soon as it is available from the Corps. The expansion of the total lineal, footage of shoreline will create greater opportunity for shoreline wetlands. The result of the lake expansion will be a net increase of wetlands. Flood Fringe: As described in Zancanella and Associates letter (See ATTACHNT F), the fill and improvements will not adversely effect the flood impacts on downstream properties. The fill will also elevate the parking and building pads above the potential sheet flow flooding. The lowest finish floor of any constructed clubhouse facility will be one foot above the existing ground surface. This will assure the finish floor to be above the maximum one foot deep shallow. overland sheet flow flooding identified in this area. es 5 P. 9 1Q-3.1-1997 1 17P •w •r, O 0 a1 E nz � 65-0 FROM STATE FARM INS 970+625+9229 'Z5'2 5"C 295.17' P. 10 • GoLT - - kS z - �.. 0 N / & k N. gg �: 'g -7;2 ti t.7 gn r vg LL ala SW Q \� A 44 P is 9T/7/fr(M v.1Z'' ; N• 2g ;gi 1, •1c'e09 M-LI.1W r ' 1%k 10-31-3997 1:14PM FROM STATE FARM INS 970+625+9229 VOID • EXHIBIT A LEGAL DESCRIPTION I V - A 12 foot wide access easement, whereas the centerline begins on the property line at a point where the Northwest corner of Section 20, Township 6 South, Range 93, West of the 6`° Principal Meridian bears .North 44 degrees, 54' 37" West, a distance of 690.47 feet. Thence North 01°-1T-00" Thence North 15°-39'-59" Thence North 52°-44'-13" Thence North 81°-23'-50" Thence South 78°-26'-29' Thence South 76°-35'-19" Thence South 6713-O1'-34" Thence South 86°-25'-45" Thence North 61°-44'-09" Thence North 46°-15'-45" Thence North 000-341-57" Thence North 00°-44'-58" Thence North 32°-41'-19" Thence North 48°-59'-18" Thence North 69°-33'-23" Thence North B2°-59'-29" Thence South 89°-26'-24° Thence North 82°-01'-36" Thence South 89°-26'-24" Thence North 86°-44'-36" Thence South 00°-00'-00" West, a distance of 371.23'; West, a distance of 19.42'; West, a distance of 21.54'; West, a distance of 27.77'; West, a distance of 40.18'; West; a distance of 75.13'; West, a distance of 106.04'; West, a distance of 69.95'; West, a distance of 64.40'; West, a distance of 85.88'; West, a distance of 63.6T; West, a distance of 117.35'; East, a distance of 56.18'; East, a distance of 51.04'; East, a distance of 99.45'; East, a distance of 525.38'; East, a distance of 803.121; East, a distance of 202.20'; East, a distance of 497.76'; East, a distance of 168.55'; East, a distance of 306.53'; To the ending point of the easement, on an existing property line. P. 4 C 'NE/ Cs .c -c vp "NIo,I NW/.NW I (SEC. 2 o) 5/�:�z P .A -. . 41 .44; .+ . r�Z. -, /ao.00'y Ch.� N.Z4'5/'S4� n • m N% 1 SZ 0 7/A/4- � P 44 64 1-19 cJ 5.59 59-.3Z .17D742 W fCoym r gond ); r• • Z77.4'Z WEST /3Z 9. 73 4" r 4 y • Air 44/ / B N. 8 9,: 3/ '/.9 FE / 3 /.S. 5;9 et7 ioo.'g9v cir E. 4• • • CALOIA & Hou?r, P.C. ATTORNEYS AT LAW SHERRY A. CALOIA JEFFERSON V. HOUPT TRAVIS S. THORNTON Mark Bean, Director Garfield County Development Dept. 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Don DeFord, Esq. Garfield County Attorney 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 August 13, 1997 Re: Special Use Permit for Alleman Dear Mark and Don: ---' r-----�,-"'.�-;.r--ter--- LIG _1.3:-1997 t ' 1204 GRAND tiU . GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 I have received no response from the Loys (Lola Anderson relatives) concerning my latest letter and offer of easement. While I have the original easement document in my file I am not releasing it. At the current time, I believe it is not proper for me to file the easement document with the Clerk and Recorder when I believe that the Grantee will not accept it. I am retaining this document in my files. However, it is my client's position that the easement has been rejected. At this time, I believe the requirement to provide them an easement has been complied with and I am hoping that we can proceed to finalize the special use permit. If you have any questions, please give me a call. Very truly yours, CALOIA & HOUPT, P.C. Sherry A. Ca,'oia SAC:nla cc: Thomas A. Zancanella, P.E. Lee Alieman ALLEMAN-Bean-ltr-2 • • Er CALOIA & HOUPT, P.C. ATTORNEYS AT LAW ELO ('y 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIi1IILE: (970) 945-6292 SHERRY A. CALOIA JEFFERSON V. HOUPT TRAVIS S. THORNTON July 28, 1997 Ms. Lola Anderson c/o Gordon and Linda Loy 10991 County Road 320 Rifle, CO 81650 Re: 25 -Foot Easement Dear Gordon & Linda: Enclosed please find a 25 -foot easement document for access to the two acre parcel •of property that is owned by Lola Anderson. Please note that this access is for this parcel only and is a non-exclusive private easement. The Alleman, Nicholas, Campbell group is offering this easement to Lola pursuant to the agreement made at the public hearing. The 25 feet is the size of easement that the County would require in any subdivision application process and is all that we are willing to offer. The original easement document is in my possession and will be recorded only upon your written acceptance of this easement. Therefore, please notify me in writing within 14 days of the date set forth above of your acceptance or denial of this easement, which I consider to be in satisfaction of the County requirement. Otherwise, I will consider the easement not accepted, we will not record the easement and the offer will be withdrawn. I look forward to hearing from you. Very truly yours, CALOIA & HOUPT, P.C. herry A. : loia SAC:nla Enclosure cc: Mark Bean, w/enc. Don DeFord, Esq., w/enc. Lee Alleman, w/enc. Tom Zancanella, P.E., w/enc. ALLEMAN-Anderson-ltr-2 GALATYN LODGE TE160.303 479 0102 EASEMENT DEED .Jan 17,1: 8.21 P.01 THIS EASEMENT DEED made this Z5 day of July 1997, between ALLEMAN, NICHOLAS, CAMPBELL, TLC, whose address is 365 Vail Valley Drive, Vail, CO 81657 (hereinafter "Grantor") and LOLA MARIE ANDERSON, whose address is 3036 East Hindale Avenue, Littleton, CO 80122- 1945 (hereinafter "Grantee"); W 1 T N E S S E T H: That the Grantor, for and in consideration of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and quit claimed, and by these presents does remise, release, sell, convey and quit claim unto the Grantee, his successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield, and State of Colorado, described as follows: A non-exclusive casement 25 feet in width, described on Exhibit A, for the purpose of access to Grantee's property, which is described on Figure 1; both Exhibit A and Figure 1 are attached hereto and incorporated herein by this reference. Grantee's property is described as a two acre -parcel for one single-family homesite, shown on Figure 1, labeled "Grantee's 2 Acre Parcel." This easement shall be the only access into this parcel as shown on Figure 1, labeled "Grantee's 2 Acre Parcel," traversing across the property of Grantor. TO I-IAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, his successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. ALLEMAN, NICHOLAS, CAMPBELL, LLC By STATE OF COLORADO ) •= " - Member- ) ss. COUNTY OF EAGLE ) Acknowledged, subscribed, and sworn to before me this Z& day of Jily 1997, by Lee Allman, NI.Wapr, Alleman, Nicholas, Campbell, LLC. WITNESS my hand and official seal. _ E.` My Commission expires: (it\W PS l\1)OCS\A1.1.17NAN.9C1) July 24, 1997 GRL_PTYN LODGE TE410.303 479 0102 LEGAL DESCRIPTION �an 17,1 8:22 P.02 A 25 foot wide access easement, whereas the centerline begins on the property line at a point where the Northwest corner of Section 20, Township 6 South, Range 93, West of the 6' Principal Meridian bears North 44 degrees, 54' 37" West, a distance of 690.47 feet. To the acre in Thence North 01°-17'-00" Thence North 15°-39'-59" Thence North 52°-44'-13" Thence North 81°-23'-50" Thence South 78°-26'-29" Thence South 76°-35'-19" Thence South 67°-01'-34" Thence South 86°-25'-45" Thence North 61°441-09" Thence North 46°-15'-45" Thence North 00°-34'-57" Thence North 00°-44'-58" Thence North 32°-41'-1 9" Thence North 489-59'-18" Thence North 69°-33'-23" Thence North 82°-59'-29" Thence South 89°-26-24" Thence North 82°-01'-36" Thence South 89°-26'-24" Thence North 86°-44'-36" Thence North 89°-15'-08" Thence South 00°-48'-13" Thence North 90°-00'-00" ending point of the easement, on an holding on the property. 1_1.95223 \meiotic:10 \izincul2.wptl West, a distance of 371.23'; West, a. distance of 19.42'; West, a distance of 21.54'; West, a distance of 27.77'; West, a distance of 40.18'; West, a distance of 75.13'; West, a distance of 106.04'; West, a distance of 69.95'; West, a distance of 64.40'; West, a distance of 85.88'; West, a distance of 63.67'; West, a distance of 117.35'; East, a distance of 56.18'; East, a distance of 51.04'; East, a distance of 99.45'; East, a distance of 525.38'; East, a distance of 803.12'; East, a distance of 202.20'; East, a distance of 497.76'; East, a distance of 168.55'; East, a distance of 232.34'; East, a distance of 371.74'; West, a distance of 152.86'; existing property line of an approximate 2.0 GALATYN LODGE TEL NO.303 479 0102 Jan 17,1: r i C 0 0 U 0 J E 0, 0 w 0) (!J 0 0 Q 0 Q) 0 F -- Q) 0 J 8:22 P.03 0 0 c o � .— C c 0 o Q x LA J G) ' w 0 J (n 0) 0 0 0 21 4 ~ a Q: 6 0 U l 1' .7: 1 ^1 r1?NE P 1=11 • October 30, 1997 To Whom It May Concern: I: have been water skiing since 1987, using American Water Skiing Association (AWSA) approved tow boats, on the lake adjacent to the Rifle South Subdivision, which is presently owned by Lee and Carol Alleman and their partners. From 1987 through 1996, the water ski club, of which I was a member, leased this property fr.orn Francesca Real Estate Corporation, who had earlier purchased the property from the Anderson family. In 1996, the property was purchased by the Alleman group. I had this property listed for sale, through my real estate brokerage, continuously since 1990. From the time I was first involved in this property, to my knowledge, there has never been any public access, either allowed, deeded, or taken by virtue of prescription or adverse possession, through this property. The title insurance also gives no record of any public access given through this property. If you have any further questions, please feel free to contaat (970) 925--6750. Si.n.- y, eter Kelley fL HL P. 0.; 10-31-.1997 1 : 14PM FROM *ATE FARM INS 970+525+9229 P. 5 CALM & Hour, P.C. ATTORNEYS AT LAW SHERRY A. CALOIA JEFFERSON V. HOUPT TRAVIS S. THORNTON May 6, 1997 Ms. Avis Downey For Lola Marie Anderson 3036 East Hindale Avenue Littleton, CO 80122-1945 • 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 Re: Pall/agy_OwnecLlals.tatrafAnausonin Garfield County Nar$if1e._Colorado Dear Ms. Downey: Enclosed please find a copy of an Easement Deed that I have prepared for your review and approval. Because the easement location accessing that 2.0 acre -lot was on the other side of the lake, we are also asking that you agree to abandon any other easement that may exist on the property. We think this is appropriate, noting your request to use the upper easement. PIease review this document and let me know whether it is acceptable. It will be necessary for the designated representative to sign it and return it to me, so that I can have Lee AIleman sign it and record it with the County Clerk & Recorder. If you have any questions or concerns about the deed, please let me know. Sincerely, CALOIA & HOUPT, P.C. SAC:lln Enclosure cc: Lee Alleman, w/enc. Tom Zancanella, P.E. , w/enc. 10731-1997 1 : 1 3PM FROM GATE FARM INS 970+625+9229 P. 2 EASEMENT DEED AND ABANDONMENT OF EASEMENTS THIS EASEMENT DEED made this day of , 1997, between ALLEMAN, NICHOLAS, CAMPBELL, LLC, whose address is 365 Vail Valley Drive, Vail, CO 81657 (hereinafter "Grantor") and the ESTATE OF LOLA MARIE ANDERSON, whose address is 3036 East Hindale Avenue, Littleton, CO 80122-1945 (hereinafter "Grantee"); W I T N E S S E T H: That the Grantor, for and in consideration of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and quit claimed, and by these presents does rern.se, release, sell, convey and quit claim unto the Grantee, his successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County. of Garfield, and State of Colorado, described as follows: A non-exclusive easement, described on Exhibit A, for the purpose of access to Grantee's property, which is described on Figure 1; both Exhibit A and Figure 1 are attached hereto and incorporated herein by this reference. Grantee's property is described as a two acre -parcel for one single-family homesite, shown on Figure 1, labeled "Grantee's 2 Acre Parcel." Except as granted in the first paragraph above, any and all easements whether of record or adverse or prescriptive in nature for access to the property of Grantee, as it is shown on Figure 1, labeled "Grantee's 2 Acre Parcel," traversing across the property of Grantor, as it is shown on Figure 1, are herein vacated, abandoned and relinquished to Grantor. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, his successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. By STATE OF COLORADO ) • ) ss. - COUNTY OF ALLEMAN, NICHOLAS, CAMPBELL, LLC Manager Acknowledged, subscribed, and sworn to before me this day of by , Manager, Alleman, Nicholas, Campbell, LLC. WITNESS my hand and official seal. My Commission expires: GAWPS ADOCS\ALLF-MAN.9ED May 6. 1997 , 1997, Notary Public 10731-1997 1 - 14PM FROM liATE FARM INS 970+625+9229 P. 3 • • AGREED to vacate and abandon all easements to benefit the two acre -parcel. ESTATE OF LOLA MARIE ANDERSON Date By STATE OF COLORADO ) ) ss. COUNTY OF Acknowledged, subscribed, and sworn to before me this day of , 1996, by , on behalf of the Estate of Lola Marie Anderson. WITNESS my hand and official seal. My Commission expires: 0:\WPS1\DOCS ALL MAN.9FD 14*y 6. 1997 Notary Public -2- SECOND AMENDED EXHIBIT "A" 1 70-1(12) Sec. 3 Rifle E b W 5/26/75 Parcel No, 307-A Rev. et al SHEET NO. 3• ALSO PARCEL NO. 307-C A tract or parcel of land No. 307-C of the State Department of High- ways, Division of Highways, State of Colorado, Project No. 1 70-1(12) Sec. 3 -containing 9.015 -acres, more or less, in the SE 1/4 of the SE 1/4 of Section 18'and the SW 1/4 of the SW 1/4 of Section 1.7; Township 6 South, Range 93 West; of the Sixth Principal Meridian, in Garfield County, Colo- rado, said tract or parcel being more particularly described as follows: Beginning at a point on the east line of Sec. 18, T. 6 S., R. 93 W., 6th P.M., from which point the SE corner of Sec. 18 bears S. 00 53' E., a distance of 734.9 feet; 1. Thence N. 89° 35' W. a distance of 673.8 feet; 2. Thence S. 81° 53' W. a distance of 90.2 feet to a point on the median line of the Colorado River as determined from Government Survey notes; 3. Thence along said median line, N. 61°,17' E., a distance of 529.8 feet; 4. Thence continuing along said line, N. 75° 11' E., a distance of 303.5 feet to a point on the cast line of Sec. 18; 5. Thence along said median line, N. 79° 58' 30" E., a distance of 668.9 feet to a point on,the west line of that property as de- scribed in Book 420, Page 539 of the Garfield County records; 6. Thence along said property line, S. 00 46' 30" E., a distance of 445.7 feet; 7. Thence N. 89° 35' W. a distance of 659.7 feet, more or less, to the point of beginning. The above described parcel contains 9.015 acres, more or less. • PERMANENT EASEMENT E -.REV. 2 A tract or parcel of land No. E-307 Rev. 2 of the State Department of Highways, Division of Highways, State of Colorado, Project No. 1 70-1(12) Sec. 3 containing 4.062 acres, more or less, in the NWk of the NWA of Section 20, Lot 6 and the SES of the S.J of Section 17, Township 6 South, Range 93 West, of the Sixth Principal Meridian, in Garfield County, Colo- rado, said tract or parcel being more particularly described as follows: Beginning at a point on the north line of Sec. 20, from which the NW corner of Sec. 20 bears S. 89° 16' W., a distance of 446.4 feet; 1. Thence S. 1° 17' E. a distance of 491.1 feet to the north line of Rifle Village South Subdivision First Filing; 2. Thence N. 89° 31' 30" E., along said subdivision line, a distance of 60.0 feet; 3. Thence N. 1° 17' W. a distance of 491.4 feet to the north line of Sec. 20; 4. Thence S. 89° 16' W., along said north line, a distance of 60.0 feet, more or less, to the point of beginning. The above described portion of Parcel No. E-307 Rev. 2 contains 0.677 acres, more or less. ALSO 1 Beginning at a point on the south line of Sec. 17, from which the SW corner of Sec. 17 bears S. 89° 16' W. a distance of 446.4 feet; 1. Thence N. 89° 16' E., along the south line of Sec. 17, a distance of 60.0 feet; 2. Thence N. 1° 17' W. a distance of 262.8 feet; 3. Thence S. 89° 35' E. a distance of 1015.5 feet; 4. Thence N. 81° 53' E. a distance of 202.2 feet; 5. Thence S. 89° 35' E. a distance of 497.5 feet; 6. Thence N. 86° 36' E. a distance of 300.7 feet; 7. Thence S. 89° 35' E. a distance of 118.4 feet to the east line of the SES of the SW=t of Sec. 17; 8. Thence N. 0° 57' 30" W., along said east line, a distance of 60.0 feet; 9. Thence N. 89° 3_' W. a distance of 119.0 feet; 10. Thence S. 86° 36' W. a distance of 300.7 feet; 11. Thence N. 89° 35' W a distance of 500.0 feet; SECOND AMENte EXHIBIT "A" I 70-1(12) SEC. 3 RIFLE E&W 5./25/75 PARCEL NO. 307-A REV. ETAL SHEET NO. 5 • I 12. Thence S. 81' 43' W. a distance of 202.2 feet; 13. Thence N. 89' 35' W. a distance of 1,072.8 feet; 14. Thence S. 1° 17' E. a distance of 324.0 feet, more or less, to the point of beginning. The above described portion of Parcel No. E-307 Rev. 2 contains 3.385 acres, more or less. The above described parcel contains a total of 4.062 acres, more or less. For the purpose of an access road. ALSO PERMANENT EASEMENT E 307-B REV. A tract or parcel of land No. E -307-B Rev. of the State Department of Highways, Division of Highways, State of Colorado, Project No. 1 70-1(12) Sec. 3 containing 0.300 acres, more or less, in the SE- of the SWk of Section 17, Township 6 South, Range 93 West, of the Sixth Principal Meridia in Garfield County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point from which SW corner of Sec. 17 bears S. 75° 22' W. a distance of 2,713.9 feet; 1. Thence N. 89° 35' W. a distance of 436.3 feet; 2. Thence N. 0° 25' E. a distance of 30.0 feet; 3. Thence S. 89° 35' E. a distance of 435.6 feet to the east line of the SEA of the SWk of Sec. 17; 4. Thence S. 0° 57' 30" E. along said east line a distance of 30.0 feet, more or less, to the point of beginning. The above described parcel contains 0.300 acres, more or less. FOR THE PURPOSE OF: An access road. IN THE DISTRICT COURT IN AND FOR THE 411COUNTY OF GARFIETJ) AND • STATE OF COLORADO CIVIL ACTION NO. 7862 RIFLE VILLAGE SOUTH METROPOLITAN %y �� —1 7 ,D7- DISTRICT, D7DISTRICT, Plaintiff, vs. COLORADO STATE DEPARTMENT OF HIGHWAYS, State of Colorado, Defendant. PRE-TRIAL ORDER This case came on for pre-trial conference August 15, 1975, at 3:00 P.M., Richard T. Paynter, Jr., appearing for the plaintiff and Wayne B. Schroeder appearing for the defendant. Pursuant to the local rules, this pre-trial order shall control the subsequent course of the proceedings and shall be binding upon all parties unless modified at the trial to prevent injustice. Nature of case: This is an action for an injunction re- quiring the defendant to provide access to headgates and to repair or replace a measuring weir. General theory of plaintiff: The plaintiff contends generally that by construction of Interstate 70, the defendant has interfered with an alleged rj.ght of way or right of access to reach headgates on the Colorado River and that the access provided through a concrete 10 x 10 box culvert under Inter- state 70 is inadequate. The defendant should therefore be enjoined to provide suitable access to the headgates and ditches and to repair a weir allegedly damaged during construction. v i M-31-1997 1:18PM FROM STATE FARM INS 970+625+9229 A Recorded at U ck rt • Reception No reorder, Quer CLAIM DEED .-_ _ -_:... THIS DEED, Made This 9th day of March H9 87, between Rifle Village South Metropolitan District( of the 'County of Garfield Colorado, granrurN), and and Stare of S. W. Anderson and Lola Marie Anderson whose legal address is 0 0 1 6 Remington Street, Rifle, Colo. 81650 of the County of Garfield P.11 GARFIELD $JUN 2 3c19870 tate Doc, Fe© $ and Slate of Colu:.:Jo. grantccts). W I1 NESSETH, That the gran(or(s), for and in consideration of the sum of ten dollars and other good and valuable consideration _ thc receipt and sufficiency of which is hereby,icknowlcdged, ha S remised, released, sold, conveyed and QUIT CL \IN'l Ry these present: do remise. release, sell, convey and QUIT CLAIM unto thc granIcc(s), their forever, all the right, title, interest, claim and demand which the heirs, property. t . et erwith improvements, if any, situate, Tying and bring in the Cour y o has in and w the real ptroferty. uhand St with Colorado. clescrihed as folltr.vs; Courny of Garfield A parcel of land situated in the NE dndstale0f 6 South Range 93 West of the Sixth PrincipalScMeridiaction n, lying Southerly of the Northerlyiyi.nF, Southerly isr described as felw line of said Section 20, said parcel eof r line of said Section 20 whence the North at Quartera point nono the Northerly Section 20 bears: N.89°31'45"E 165.00 feet: thencerS.00°32'20"" 295-17 feet; thence S.89°31'45'W, 295.17 feet; thence N.00°32'20"W. 295,17 feet to a point on the Northerly line of said Section 20; thence N,69°31'45"E, along the Northerly line of. said Section 20, 295.17,feet to the point of beginning. The above described parcel of land contains 2.00 acres, more or less. Together with a 30 foot road access easement lying Northerly and and parellel to 'a ditch as constructed and in is described as follows: Beginning at a Pince, she eed ercnter of a at point �t 60 foot roadway as constructed and in placewhencetheNorthwest Corner of said Section 20 bears: N.71°45'00"W, 49 5 feet; the centerline of said 30 foot road access easement traversesthence Easterly and pare11e1 to said ditch through the NW -E NW.and N1. Wx*Tvc•x oomom; ckeolldegsx of said Section 20 to the described 2.00 acres of ground. TO HAVE AND TO }TOLD thc Same. together with all and singular the appurtcnanees an;l prvilcgcthercuntn h,;Icr uhg or 111 anywise thereunto appertaining, and all the e.ohtc. right, title, interest and claim whatsm.er. of the grantorts), either in law ,.r equity, to the curly proper use, benefit and behoof of the grantee(s), their heirs and assiytis forever. IN WITNESS WHEREOF, The grantor(s) ha s execu:ed this deed on the dale set forth above. STATE OF COLORADO. County of Garfield The foregoing instrument was acknowledged before me this 23rd day of by Robert L. Healy, Jr. as President / RIFLE VILL Robert xbd.lxtaxaoio>ostot w cr '!f in Denver, insert "City and... V ✓. L. HeaJ1,'.JrL.,' President• June • 19 . Witness my hand-4,ind hand-,inotlicral seal, LC .//z/ /z// f Xv)a,toX1001 X , f GARFIELD COUNTY CLERK & RECC32ER No. 933, Iter. 3-85. Durr CLnts 1 DEED U,eJfmd Wht,>hmH, Sr?y w 64A nye , L;•ker<wd CO r•03a.r -_ ow) : I a.6vt10 (98 7 , c• -v •'. J 6928 C !'i 'do 49 .r17 •r6.61o... /8,° /os /s/S. 9/ •\ ` � F W,96. -7 j'•f-i D S7- • as/ /.S / 9 jo - F tzt N NWiN i� Cs£c: 2 ._c • P ` re 41 ° . ;....t-_ . ---4=-&JO.-Cars JOO.O J' o S. 89 Z74o\v 7/3 /4 3 •. b • • 5.89 39'-3Z 6 15 0 00" • 170748"'W •./Coed r R"ci WEST Z77.G2 /329. 7.3 M 4 5.69- 0 441-84' ;1-19 cJ •:f/ /8 3/ '/ 9 E • / 3 %;..5 { s.rbd,r/si•aacC C.S.S w 71.41 1• 3. ..- 4! /j• 4C«t�T;r ��+� 'S'�l.�1/�J4� c. . / /.4.'T 7 h c4.- 5 2!' /o • /o E ,.sem c 4/ •sa�r42 E - 4 cam_ .., _ .. i 4r{t; ✓ cvP re i e . r est' o-l3Y.};� . - 33- 57.08t : ;d 4�' f1- R., / 9G. SSo ✓' r« /t J49."2�9°A .':. ch 5. 2•x•'•49 2. E ch S.;7rf::2.64. .f.' crrvt 'JA . - 38.09 /4 - s: 24.' sr 21:: .114 GALi:P.CT,•,513._:,27‘..“_ m 03:03PM CAL0e 2__IrT, P.0 r9 0102 • • •• 1 . m 42 • ,, I I e00741•1 0 L......9.:A.:d . „0' 0100V., .14-.4 , • -.......17.....--... ReOept. Loa In.,..2471 0 • - • I IN THE OTSTRiCT COURT ICAND P0101111. ' '• 0 :!:;. ' : . ' , 1;', Mla. Steppe,. Reetilder :. d' '11 ' Ur 3 CI, ,. ,, ;.,.r.',.‘•'''' —• , ,:,,x$0011)6T 'PP, GARtIELD:.Aink ....; A .. 111' ...'A TE ....Cli,..:CO LOR400 1?:, • .•.....H. Civil Action 11, a 7b47 ;;::.': , ' ;, . • . -Oct 28,97 E•13 P.01 „gh 444) Post -Ir Fax Note 7671 ArVIPISICAll 1;1&.74114111111 THE BOARD OF COUNTY COMMIESICKERS OF T1$ COUNTY OrGaRrILLO, STATE OF COLORADO, and the STATE DEPARTMENT OF moms, DivIgioN 0? RIGHsAYS. STATE or COLORADO. Petitionere, vs. )' B. W. ANDERSON; LOLA MARIE ANDERSON: l WPRATT;c EE PRAC. ERNEST PRATT; and BERENICE MeDONALD, am Treamurer and Public Trustee of Garfield County. ) RECIEIVED OFFICS OF todt ATTORNEY GENERAL ) . )TJLV litAfikORDER Reenondente. ' ' THIS MATTER Milne en regulsrly4OrllarAak Coneente tra er, of Mule ind'Orelorla &Won of the property which le action, and the acoese rlohte apporteH Con aente being duly umlauted by thOl.Y:01011 owners and Ahoee tote's -mite appearing to the'CUU4:itrWO1111e pleitilue herein that Aild'Oisoie,, and those'etherslas:istefesthd;i0A • !,44: •i -;;•i• • •: 4.4t14 . • ; Weed with the'petitliA herein; .4 ._ ,,,..,,,..,..4.T,....:. , :4, -•• .ro....>•,-. .,, ...-,•,-, - ;.1.1,, -;,4.,:,-,;- -,..! ..... .: x : I .,..,..; . . .,,,. V• ,.. , , i ,, I . 4.. 1 !. 4' t's ,k TU COURT IPINDS.:!Thatilt:bali:. .. ,,• _ .411 i -i,, ,,:. • ' ...„ '.:.,,,,,., (41. t . A •. •••lk;,,,:ii6.1itst4:4‘, lip:',..,:;..„,,' ,P.,...'....:•„,..*, %. .r.,,,,c. .!.,. . , %. -i5.•10,,',4'f, . ,.. • .. wit ......:,,..:;.!?..,e40! '''' •.., •.,...,' ..f , "4 ' ,dietion of the eubjeiklaattetoSUIS thereto: that', serv1414eimi' beet ' H parties. as refluirid ifiee ' that the sus Of 110,000.00'repriseets)Ft ivcompeoeatioe ' ;::- • • .4ikik,:;14 to be paid -tor the' takisupi(ealdvittiseetIlltill'all'applerte- JmumuLAWAiL iid . leterente tblotbiliAideledios damages , " '44 1:14;4,k4r11004,0,104, d.thi, Meows., ' High goo, ausisia4,. • . • . . . .• • on 1.411 AlkOMAi MEW Noir, tetwide •tqleIN• P,0•1 4t Wu to". 41 ti to OCT jg '97 03:04PM CP.C. ALOlp & I P 1.— I L.ILJQG GALF-1 9 0102 • 1, V4 OCt 28,97(41::4 P.02 biik518 !A!: 142 U ally, and for any and,a11 other costs Of said parties; that ..", pursuant to ealiagreement the peatiehersiiii 'd�poitei1 in the Registry Fundof this court the tOtWa*-1436,06o.00: . „ as agreed upon; and, therefore, it ls ORDERED, ADJUDGED and DECREED .that:pari0ii*bAio, a 3 and 307 C RSv., derolbed In Second Am4.efr*"4iiisSed hereto and incorporated herein:byrefel lawfully taken by the petitioners mit the Constitution Or the State of Co*, of the respondenteini!ildiiirdild:Ril.i: petitioners, and thst.th4AitiOIO:lialf with al] appurtehances.thereunto belong' in the petitioners; And thst&hilfigki'' any from said bigieei'oveiliedjtereilit Second Amended Sitbibiti** ' • abutting property,: owooi.dr Usarfitner rwthorgeed by theltdtaANO0a#M4 mithwnYn, slat* of Color& oi'Aa Abate boon duly sad lawfully grafted mmiAm Nos. IIRMARtaT XaSEILENT:1469 riz 3 Ai 8074 RSV., demotilid.Sallaaistlimei hereto sad Saporydratod har,i401,rot: ?OTHER conitairtiiikiia41 • •1 , :41; ar t •• P',1 ' • I• • , • teeked. Order be reoordOCAN'inie*Wiii3b01430470 ad A emu* N••bi#10-4g4.1.1.. • • Recorder of oortsold CouhtY:L54ika masa . effect an lf it were deedOi.,Sedieyene0 parties intereeied.tO,AbelfttitiOiers'bereAS. DATED thia sAL. dai • ; " • ,„ • . , ut.slaJc.1.3tpftu.7''z;w0sw.1.4.1.DrOt7rri,., .00$1.1.%;;7'i lc;'12rt;ck% (t)i.ofiA!.x), Ifi,f;iitil • fiilIflog eurktml iy.)tay Of the .1 io9',1: ID LJ L.ij PAIll II " • 4010—.447.2.ri f• „ . 11V4PlIft hlikinpi °op %Ai ICrram vy• ofc414 t,• d n41.,,I4A... . • vp., kliaro'DS An9 OCT 30 '97 03:05PM CALOIA & HOUPT, P C • • AO •ba1:g6 18 rvi 143 •6 Srao*D AMMO 0011917 "a" LBW, DISc{r1►f10N p10.11Cf 1a. 1 70.1(1=) S%. 3 SAnA Msec arID VCaT August 11, Ill) 1417,s'1!:, va .n _ 117 aM-it. A trait •r partial •1 lane M•. !01 01.. Sof the Stara 01,1110001 01 S. 3 eoneal"tng 16 set's, Po or loss, inof • Colored., 11, Ise, 1gt 9 end 704(13) Soo, end the 1st •1 two silk of Mention 19. Township 6 Beath, Ames 9S Vut, et ►as arcels0.0") 0Nerm portleulatly 8ueial so rlbod as fenell lt's., rs6o, said erase of Roelnnnne at a Mint en the teat lips of Bot. 17, T. 6 S., R. 01 V.. 6th P.N. from whiN the N eernet of S.a, 17 beer B. 0' 5)' I., a Iletente of »1.1 01011 1. Thema 1. 10. 11' 1, a d0,tams of 1)17.1 fest{ 1, Theme 0. 11' 11' 1. a distaste of 101.1 feet' 1. Thenen S. SO' 1)' 11. • dietaries of 500.0 le•tO 6, Thane• P. 16' )6' A. 1 Matinee Of 500.7 teed 5. Whose M. 19' 35' 1., • Instants of 119.0 foot 1e a point M the east lin/ of the 1E4 of the Wk of Ma, 17, d. 'Monte e1e03 estd ...t Ilse. 0. 0' 11' !D" 10., ■ dlata0aa of 1111.0 fest! 7. There 6. 90' 50' 10., a disco:we of 1110,0 foot to 1 1011% 10 the meat line of Let 6. Sea. 174 1, Theft* el•s6 1611 oast Let itmo. 1. 0' a7' E., a 4tetelts •f 16.0 foot to palm on a aortharls property 10061 9. Thence otos' 0 vertharly property )tam, s. 19' 11' Y,,' 6 dUtaae• of 65x.0 loot to a prolert7 11001 10. Thence ales' two property lips, 6. 0' 66' 10" 11., 6 dlstemo et 66.1 foot) the 11. volt line line oflot6, sea. It ..td line W. I 41eteme of '01ao binl 0)e it.7 foot to 6 pellet elt0• of See. 171 11, timoaa sthe low 01'., le " SS' It. 1 Il•tenai of 661.0 feet, more •. loot. The strove 4eetrl►ai portion of rarest Me. 107 See. 3 *Ntalal 11.604 E.•I, •IMT• or 1101. •teatieued- • Y 1 OCT 3j '97 03:05Prl CALOIR GLRPrN LUlliat HOUPT, P.C. 0102 NU.OVJ Oct 28,97 tY4,6 P.03 T. WI 144 1, 4 Ate= ANEW0' , • '0 h1,1 e'• , 70•1(12) Sit- 3 ' • • • • • Lifts East & wort • $/21/75 torte' SOY Rov. 3 'Cal PAO/ NO. 2 All of lag 14 of toe. II, T. 6 0., R. 03 V., Oth 1,N, iplos within tim relieving doetrinod !rest Al Reittenies at a 'Plat oft Ow slat ILA. et 6.e.. 4 Sad e's6 'aft %Mit la lot 13, ow. 11, I. 6 6„ h. 03 w,, atn gresakiell the II normal. of tat. 16 boars S. 0' S3' Z., 6 414111140 et 311.1 testi r 1. Thyme dent 66S6 tut Liao, *. 0' 33' 0.'•' & giftless ON 001.0 igoti 2, Thine* N. 09' 35' v, a Alston's of 6/3.0 10411 3. Thence A, 33' V. 0 dietaries of 101.3 fasts 4. Thence N. 80' 35' 0. i distaste se 646.3 east to a ipigt ea the wen lino of Lot 7,$u. 10; 5. Stance 'tont ins vont lino of 14g 7, S. 0' 40' So, • diotones 01 580,6 fact to • point la the Colorado ROOT (ANS9K. 1975)1 6. Thanes 'lona • lino in the Oolorodo River (August. 107S), N. 63' 31' t., • dilemma of 686.6 feat; 7. Thence S. 09' 33' 3. • dimtan01 of 062.0 feet, sari OP Owe, 0 tAll Clot lino of dee. 16 and Lot 13 end the point of bakiantot. The above demeribed portion of Portal S07 Pow, 3 teetotal 6 mess, more •r lwev, , The above dootrited totes' nontoinn total Of 36 0101, 00141 Ot laded &ventage/. . minimum mitt 661L TO. l'.4114+11101/N11.9%d0ersolionson Pcw4troA lam .111101014 Lima 009 • a-. • . /13 415 4 171 OCT 30 '97 03:06PM CALOI & HOUPT, P.C. &MONDANI:MEW i811 IA" 1 70-1(11) sm. ElEl. E 111 0/34/73 Fortin Ne. 307 Rev. 2 still PAGt No. 3 tr.. • .• .10Po8 AJ 1 4 j'AACIIJD, 307 C are. A tract or portal 01 trod 0.. 707 G Rev, of tee stets Dopey:west of Nignwayt. Division of IlleMbaym. State of Colorado, etojoet No. 1 70 .1(12) lot. 3 cootaining 7 scree, Sort Of lass. in lot 11 of Ilam. 19 end Lot 6 of tion 17. Township 6 South, Rias OS Wool. of the Sloth Prienaipal fistidian, in Corffold County. Colars614 said tweet or p4p661 Ulm Mfg partieularly described as fotlewsi 411 of Lot 11, Sot. 16 and let 6, 664, 17 lying Withie the fulling 44mer1444 Tract e. Deginniag et a point en tho soot line et See. le, T. 6 S., R. 93 N.. eth P.N. //44 44.14411 poLus the 35 tenet of S.c. 16 boor, A. 0' 56' g. 4, diellACO of 1,039.S fest; 1. Thome N. 79' 59' 30" Ey, a distanee of 668,9 foot to a ;mist On the west lino of that proporty or delaribed la look 6201 neap 539 of the Gerfteld COuacy moral; 1. Thence along .4105 prepore7 lino, B. 0' 46' 30" t. 0distance or 445.7 feet; 3. !bent* N. 99' 55' W. a dieting. of 659.7 feet to 4 point 00 eke cot line of veld Set. 16; 4. Themes cancinUing W. 69 35' V. a 4Let4fte1 OE 673.9 foot, S. Thence S. 61' 53' G, • dietance of 90.1 feat; 6. Thence N. 61' 17' L. a discorso Of 329.0 feet; 7. Thanes N. 7S' 11' E,, 4 distance of 309.9 feat. pure or lose, co point on the east ties of Set. 16 and the point al beginaiag. The &Aroa elooccibed parcel coocAlsi 7taros. nate of loss. ••• e1CT 30 '97 03:06PM CALOI 8,HOUPT, P.C. • 'r • SECOND AMENDED Malt "A" 1 70.1(12) Dec, 3 Rifle £ i W S/22/73 Parcel Mo. 307 ley. 3 •tel PAGE t:9. 161112 ttertgansripe jagula A tract et parcel et 1amd No. 2•307 Rev, t et Ow State Department of RLShoey.. Division et ■ighwe i, State •f Colorado, Project he. 1 70.1(12) pea. 3 ooetalnie• 4.062 scree, more or lees, ie tee NY of the NWk of beetles 20. Lot 6 sed the Sit of the SWk of Satin 17, ter1.h1p 6 South, Reap 93 Wast, of chi Sixth Principal Meridiem, is osr(i•id count?, Colo- rado. said tract or parcel bete& mare particularly de•ertb•d es follow t 1•g1nnieS et a polet o• the north line of rot. 10. from Mich the NW corner of pee. 20 bears S. 19' 16' W., • distance et,4 4,4 tests 1. mento S. 1' 17' E. a dl•tanee of 491.1 foot to the north time of Rifle V/1logo South Subdivision first /ribs 2. Thence M. 09' 31' 30" i., •1oe1 gold •ubdtvI.lio line, • distance of 60.0 feet' 3. thence N. 1' 17' W. a dttt.nt• et 191.4 test to the e•tth 11119 of 1st. 201 4. Thence 1. 69' 16' W., alone •std berth lies. • d191••!1 of 00.0 fait, nets et lest. to aha point •t boOlealeg. the above 8.serised portion of Somal Po. 2107 Rev. 2 etiolates 0.677 scree. sere Or less. Ssptbnini •t a point en the south lino of foe. 17, fres M►1uh the •V eer11or of Ise. 17 beery 1. 09' 16' W. • dlltsa 9 of 416.6 teed 1. Thome, P. 10. 16' 1., along the south 1Le. of foo. 17, • dt•teneo of 60.0 foot! 1. S. 4. 3. Theme P. 1' 17' W. a 14.1.900 of 261.0 taat� Thenen 1. 69' Thome, N. 61' Thenee a, 09' 6. Theme X. 66' .7. Thous 6. 00' of the Sit of 0. Themes 0. 0' 60.0 foots 9. thence N. e9' 10. Thefts S. 08' 11. Thebes N. 09' 33' 1. • ammo et 1013.5 bets 13' I. • di.tone• of 101.1 foots 33' 1. a dfyt•9e• of 697.3 tete{ 36' 1. a d49e•ee• of 300.7 feet{ 36' E. • distance of 110.4 feet to the eoet line the 101 of Sac. 171 17' 30' W., oleos sell •set' ttwi, • disease •l 33' V. • diatoms et 119.0 te•t1 36' V. a distance et 300.7 /sets 33' P. • analogs et 300.0 tests -continued•