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HomeMy WebLinkAbout1.0 Application43 GARFIELD COUNTY • 9703843470 02/ /05 02:44pm P. 001 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www. Garfield -county. com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) r Street Address / General Location of Property: County Road 236 (Harness Lane) P Legal Description: See attached with plat P Existing Use & Size of Property in acres: Agriculture ✓ Description of Special Use Requested:Storage, storage of heavy equiprB±, acossscry 1 of `the above will be buildings to nk rn e uipnEnt in all h i]dings to stare epip E t, the tuildings will rot be Iiure than 12,000 sq. ft. in a}ru$te. ➢ Zone District: N -(L -i.-9 Name of Property Owner (Applicant): Lyon Land & Cattle Co. P Address: PO Box 110, 1 800 Medicine Telephone. (970) 876-5944 Bow Ct. P City: Silt State: co Zip Code: 81 652 FAX:970-876-59 :- Name of Owner's Representative if any (Attorney, Planner, etc): Kelly Lyon • Address: Same Telephone: r City: State: Zip Code- FAX: Doc. No.: Planner: STAFF USE ONLY 10EI ' Date Submitted: TC Date: Hearing Date: APR -1 1 ZOue GANFIELe y COUNTY BUILDING & PLANNING; • Special Use Permit 1. We plan to move our shop and office from the Town of Silt into the County. The steel buildings will be new. We anticipate a shop building 16'X. 2X :°and a shed type building 16'X'X ;b' Parking and storage will be graveled and asphalt paved. The roadside will be fenced. We have 6 dump trucks and 6 to 8 pickups and cars going in and out during our busy season. Harness Lane is used heavily by trucks, especially logging trucks. Our impact will be minimal. 2. Water will be from an existing well on our adjoining property. Septic systems will be used for sewer. 3. We'll use an existing driveway. 4. and 5. We own all of the mineral rights. 6. We are submitting a plat with the legal. 7. Kelly or Michael Lyon are the agents and owners. 8. (1) We have a water well, septic tank will be used, electricity is available on Harness Lane. (2) Our traffic will be minimal, site distance in each direction is excellent. (3) Adjacent land is industrial 9. N/A 10. $400.00 is enclosed. GARFIELD COUNTImh 9703843470 02105 02:44pm P. 004 c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the state ents above and have provided the required attached information which is correct . , i accurate tot/•est of my knowledge. Last Revised: 11107/2002 GARFIELD COUNTT 9703843470 02/05 02:44pm P. 008 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall he submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: // o it% ,, O,c) cL l " /q / / ,!E c, L L C` 1. APPLJCANT has submitted to COUNTY an application for60 A / (h.ercina$cr, THE PR .TECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain. the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determin.cd necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Foe. If actual recorded costs exceed the initial Base Fec, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. Date: stO Z/Ve?r/ Print Name / Mailing Addres • --416. /1 ZS, Page 4 int of Beginning 1322.00' 0 N, Center 1/4 Corner of Section 4. Set No 6 Rebar W/Aiur•Cap PLS No. 27613 661.00' 9.933 Acres N89'47'1 5 -W 660.62' Lob L 1 9 927 Acres 660.25' 589'51'09"E �7N 656.85' w f L O v �' ct i I v ;, 9.867' Acres O to O' Roo R;ght of Woy as 30 _Shown on Plot of i ; Antlers' Orchord r__-- 30' I 0 Found 3' Alum Cap N89'43'22"w PLS No. 13501 w, 0 2 889'47'29-E 657.51' S00'10'27"W 1 656.85 Lot, 9.855 Acres v n tn (v jGj4� (as or,ended) 9.282 Acres S89'47'29"E 657 51 ak)o Las amended) 8742 Acres M„Cti3O LOOS in O rn �1 0 0 C3 ction of Garfield County Road No 236 5 Located ;n Oct. 1999 r R 01 r) 658.30' S89°51'36'E 1315 34' /6D/W Sc. — N85 1 C i:7 N8S NE Corner of Tract ' Fo ircl Pebc.r W/Ptas. . FLS No 14111 • 99071 Special Use Legal Description Legal Description Special Use Permit Area: A tract of land situated in the SW1/4NW1/45E1/4 and the NW1/4Sw1/4SE1/4 of Section 4, Township 6 South, Range 92 West of the 6th P.M., county of Garfield, State of Colorado, said tract of land being described by metes and bounds as follows: Beginning at a point from whence the Northeast corner of said SW1/4Nw1/45E1/4 bears N.57°20'11"E. 344.67 feet; thence 5.28°55'36"w. 174.80 feet; thence 5.17°32'29"w. 98.30 feet; thence 5.12°21'08"E. 123.55 feet; thence S.15°50'46"E. 40.24 feet to a point on the Northerly Right of way of Garfield County Road No. 236; thence along said Right of way 91.23 feet along the arc of a non -tangent curve to the left having a radius of 455.86 feet, a central angle of 11°27'58" and sub -tending a chord which bears S.64°34'45"w. 91.07 feet; thence continuing along said Right of way 5.58°50'46"w. 60.93 feet; thence continuing along said Right of way 174.71 feet along the arc of a curve to the right having a radius of 702.57 feet, a central angle of 14°14'52" and sub -tending a chrod which bears S.65°58'13"w. 174.26 feet to a point on the west line of said Nw1/4swl/4SE1/4; thence along said west line N.01°02'17"E. 82.22 feet to the Northwest corner of said NW1/4Sw1/45E1/4; thence along the west line of said Sw1/4Nw1/45E1/4 N.00°05'37"w. 203.71 feet; thence departing said West line S.89°46'06"E. 126.91 feet; thence N.52°05'49"E. 134.54 feet; thence N.38°06'41"w. 133.61 feet; N.31°14'08"E. 34.76 feet; thence N.57°19'50"E. 154.85 feet; thence 5.61°04'24"E. 80.19 feet to the Point of Beginning. Said tract of land contains 2.164 acres as described herein. RECEIVED APR 1 1 2006 GARP;�! x +:� :�. BUILDING & PLANNING Page 1 9J-5-2_69 .:1 DIVISION Ot- WAI tK ucrArcimcrr. Jr IN" ruIML t«.Avun.%.c,a 101 Co ine BIdg., 1845 Shcrmon.S.reet, enver, Coeo 80203 �uT A PERMIT TO SE GROUND WATER I v/ A PERMIT TO CONSTRUCT A WELL APPLICATION FOR- / / REPLACEMENT FOR NO. A PERMIT TO INSTALL A PUMP / J OTHER 1 1 UJ 116 SEP1TA .c2 WRECEIVED STAATER TE'CP COLA ),PRINT OR TYPE LOCATION OF WELL APPLICANT )G -1 a -L ( )11- ›{ COUNTY s Street Address y, of the s w4e V sec. City & S tate ... —e--161/---C-�i-r.."-1--��241 T. S , R- , r • P . M Street or 9.2 Use of ground water 07, -,„1, 4 Lot & Block Owner of land or�wh.i ch .well City or Ls located /'ll eco Akf. /Y-r-r-c--��_ 1' Subd i v. Filing Owner of irrigated land Number of acres to be -irrigated Legal description of Ground Water Basin Water Management District irrigated land LOCATE WELL ON THE BACK OF THIS SHEET Dr 11er 1 LPR L 4.:iG No. G_ Other water rights on Driller's T this land Address I 8.071/' (4e Aquifer (s) .ound water is to be obtained�� from -c-t " f� G „' --("(M. Signature of Applicant Storage capacity AF CONDITIONS OF APPROVAL ANTICIPATED PUMPING RATE GPM AVERAGE ANNUAL AMOUNT OF GROUND WATER TO BE APPROPRIATED Acre-feet ESTIMATED WELL DATA Anticipated start of drilling 19 7/ Anticipated start of use 19 Hole Diameter: 0 in. from Q ft. to / !i ft.. 7 in. from AQ ft. to /c)0" ft. Casing: Plain 7 in. from v ft. to ql ft. in. from ft. to ft. Perf. '7 in. from IC ft. to /GZr'ft. in: from ft. to ft. ESTIMATED PUMP DATA Outlet Type HP Size ! / /' NO. G!�V APPLICATION APPROVED: I; VALID FOR ONE (1) YEAR AFTER!DATE ISSUED UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO THE ISSUING AGENCY PERMIT NO, 48973 DATE ISSUED SEP 21 197 ITJONAL / / MED 41-74192006 STATE ENGIN BY - C°"7 y & PLANNING APPLICATION t•1UST BE COMPLETED SATISFACTORILY BEFORE ACCEPTANCE (OVER N I.'' THE' LOCATION OF THEIWPOSED WELL SHALL BE SHOWN ON* DIAGRAM BELOW WITH REFERENCE TO SECTION LINES OR GOVERNMENT SURVEY CORNERS OR MONUMENTS. feet from (North or South) section. Line feet from (East or West) section line IF WELL IS FOR IRRIGATION, THE AREA TO BE IRRIGATED MUST BE SHADED OR CROSS -HATCHED. This diagram represents.nine (9) sections. Use the CENTER SQUARE (one'section) to indicate the location of the well. ,.THE SCALE.OF•TNE`DIAGRAM IS TWO INCHES EQUALS ONE -MILE THIS �FORM MUST BE SUBMITTED WITHIN 60 DAYS OF COMPLETION OF THE WORK DESCRIBED HERE- ON. TYPE OR PRINT IN BLACK INK. WELL OWNER COL DO DIVISION OF WATER RESOU 'ES /may 101 Columbine Bldg., 1845 Sherman St. Denver, Colorado 80203 WELL COMPLETION AND PUMP INSTALLATION REPORT PERMIT NUMBER C2. ADDRESS DATE COMPLETED /7r WELL LOG e '6 of the �i/,-(/ Y. of Sec T. , R iJ o_ , 19 24 HOLE DIAMETER From To Type and Color of Material Water Loc. d /0 o /D0 / o /Do //5-1.O Use additional 4,„ .brow 7 - .1 gra iJ / /- 0 Gri / s Cl /� TOTAL DEPTH /. .5-1" die_ zaO pages necessary to complete log. % fn from o to /O ft in from to //S/ft in from to CASING RECORD: Plain Casing Size & kind S' 71" from e to ft J1r1973 VED Size & kind Size & kind fro m from to to Perforated Casing Size & kind `i G from /DQ to //.SJ Size & kind Size & kind GROUTING RECORD Material from to from to Intervals lJ / D Placement Method G'lil y` GRAVEL PACK: Size > a 77 Interval TEST DATA Date Tested 477 a-1 Static Water Level Prior to:Test Type of Test Pump Length of Test , 19 Sustained Yield (Metered) Final Pumping Water Level !ao PUMP INSTALLATION REPORT Make .}"/f /�`—y • 2' P- s 1 ed by HPC. Serial No. Serial No. nstalled /97, Intake Depth -ks TEST DATA WITH PERMANENT PUMP rested t � !//9- 7 °2 - Water Level Prior to Test h of Test Hours ned yield (Metered) /,3-1 GPM i ing Water Level rks TOTAL DEPTH DEPTH TO WATER TABLE CONE Of DEPRESSION %ONTRACTORSSTATEMENT rhe undersigned, being duly sworn upon oath, deposes and says that he is the contractor of the well or' )ump installation described hereon; that he has read the statement made hereon; knows the content :hereof, and that the same is,true'of his own knowledge. Signature State of Colorado, County of ten. Subscribed and sworn to before me this lF day of My Commission expires Jul. 215,119 -My Commission expires: Notary Public License No SS ,19%� �.. FORM TO BE MADE OUT IN QUADRUPLICATE: WHITE FORM must be an original copy on both sides and signed. - NIdITc qPl r, rQ CCM e••••••;....• ..• 1.. 4:1..1 ...:.h ♦A. G.••... DIMv r/lDV .... ...VCI , nuu rnov FD Rcx .M nee :R • • ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE DATED SEPTEMBER 3, 1999 DATE: September -7 , 1999 PARTIES: JOE ANN NICHOLS, Seller KELLY AND MICHAEL LYON FAMILY LTD. LIABILITY COMPANY, Purchaser PROPERTY: 154 acres, +/-, of land known as 0187 Co. Rd. 263, Silt, Garfield County, Colorado Subsequent to signing the Contract, the parties determined to change two paragraphs therein to more accurately reflect their agreement. In consideration of the purchase price and respective covenants and agreements set forth in the Contract, the parties agree that paragraphs 11 and 17 are amended to read as follows: 11. Title shall be good and merchantable in Seller, except as otherwise stated in this Contract. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient general warranty deed to Purchaser on the closing date, conveying the Property (except the water rights and any not previously excepted or reserved oil, gas or minerals, which shall be conveyed by quit claim only) free and clear of any leases except for any outstanding oil, gas or mineral lease pertaining to the premises and except for the rights of Seller's agricultural tenant to growing and stored crops until March 1, 2000 [see paragraph 14 below] ; free and clear and of all taxes and assessments, except the general property taxes for 1999, which shall be apportioned between the parties at closing and which Purchaser shall pay when due [see paragraph 13 below]; and subject to the following: U.S. patent reservations and exceptions; all recorded or apparent rights of way and easements for roads, utilities, ditches or otherwise; plat notes, easements and rights of way, encroachments, and any other items disclosed by any survey Purchaser may choose to perform on the Property; building, zoning and subdivision regulations and all other governmental laws, regulations, resolutions and restrictions whether a matter of public record or not; prior reservations and exceptions, if any, of oil, gas or other minerals in, on, or under the Property; and any portion of the Property which may lie outside of existing fence lines. All closing costs and any other encumbrance required to be paid at or before closing, may be paid at the time of closing from the proceeds of this transaction or from any other source. • i 17. Possession of the Property shall be delivered to Purchaser upon closing, subject to the rights of Seller and Seller's agricultural tenant as herein set forth. Prior to closing and up to and including the date of November 1, 1999, Purchaser may also conduct at Purchaser's sole cost and expense further inspections or tests of the Property, and may cause to be prepared any survey of the Property. Purchaser shall have access to the Property for such purposes AT THE SOLE RISK AND LIABILITY OF PURCHASER AND THOSE ACCESSING THE PROPERTY FOR OR AT THE BEHEST OF PURCHASER. Purchaser indemnifies and holds Seller harmless from all claims, demands, liens, injuries, death, damages and amounts resulting from such inspections, tests, or surveys. If Purchaser is not satisfied as to the Property based on such inspections, tests or surveys, and provided Purchaser so notifies Seller in writing by the inspection, testing and survey deadline of November 1, 1999 then this Contract shall be deemed of no further force and effect, in which case all payments received hereunder by Seller, without interest or other charge, shall be immediately returned to Purchaser. If Seller and Seller's attorney do not receive Purchaser's written notice on or before November 1, 1999, Purchaser is deemed to have accepted the Property. Purchaser shall furnish to Seller and Seller's attorney within five (5) days of being made available to Purchaser, copies of all written inspection, testing and survey work and results thereof including legal description and survey plat. Purchaser hereby authorizes Seller to obtain copies or results from such inspection, testing and survey work conducted in behalf of Purchaser directly from those conducting or performing the same. Except as set forth herein, the parties ratify and confirm the Contract between them dated September 3, 1999. Signed in triplicate originals as of the date set forth above. KELLY AND MICHAEL LYON FAMILY JOE ANN NICHOLS Seller LTD. LIABILITY COMPANY By: Purchaser Purchasers' address: P.O. Box 110, Silt, CO 81652 Seller's Address: 7357 Wellsford Ave., Whittier, CA 90606 anager Garfield County Assessor Proy Search • Page 1 of 3 Gar ld Count ,orado Property Information Data Updated Quarterly with the last update released on 10/13/2005 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Search > Results > Detail Get Map Owner Name: Lyon Land & Cattle, LIc Type: Primary Address: C/o Kelly Lyon Po Box 110 Silt, CO 81652 Property Address: 000187 236 County RD Silt, CO Account number: R200824 Parcel number: 217904100627 Sub -division: Condo: Neighborhood: SILT MESA AREA - AG Area: 020 Legal: SECT,TWN,RNG:4-6-92 DESC: A TR DESC AS S 11.19 AC OF LOT 2, THE SWNE, NESW(TRS 37,38,43,44 OF ANTLERS ORCHARD), PT OF NWSE(TRS 35,36,45,46 ANTLERS ORCHARD), PT OF SWSE LYING NLY OF NLY ROW AS SHOWN ON AMD PLAT, PT OF SESW LYING NLY OF C/L OF CO RD 236 & THAT PT OF NWSW ( TRS 39,41,42 OF ANTLERS ORCHARD) LYING SELY OF GULCH RUNNING THROUGH NWSW IN A SWLY DIRECTION. EXCEPT A TR CONT 11.44 AC AS DESC IN BK 1180 PG 424 OF THE AMENDED FINAL PLAT OF TR 44 ANTLERS ORCHARD. EXCEPT A TR OF LAND CONT. 10.53 AC, AS DESC IN REC. 566516. ANTLERS ORCHARD PLAT 1, TR 39,41 & 42 AMENDED FINAL PLAT. EXCEPT A TR CONT 7.38 AS DESC IN BK 1202 PG 676. EXCEPT TR 38 AS DESC IN BK 1227 PG 85. EXCEPT TR 36 AS DESC IN BK 1227 PG 67. PRE: R200366 SPEC ASMT: SILT WATER PROJECT BK:1053 PG:0526 BK:1016 PG:0772 BK:1227 PG:85 RECPT:574936 BK:1227 PG:67 RECPT:574934 BK:1202 http://www.mitchandco.com/realestate/arfield/propertyDisplay.cfm?AccountNo=8200824 11/17/2005 Garfield County Assessor Proilk Search Actual Value • Page 2 of 3 PG:676 RECPT:567887 BK:1162 PG:508 RECPT:555982 BK:1162 PG:507 RECPT:555981 BK:1107 PG:0173 BK:0516 PG:0442 Land: $9,500.00 Building: $27,330.00 Total: $36,830.00 Assessed Value Taxes Land Land: $2,760.00 Building: $2,390.00 Total: $5,150.00 Updated on: 11/14/2005 2004 taxes payable in 2005: $1,127.62 Amount Paid: $1,127.62 Land size: Square feet: Acres: 5.00 Land size: Square feet: Acres: 77.04 Land size: Square feet: Acres: 22.65 Buildings Type: Residential Description: FARM/RANCH Actual year built: 01/01/1914 Heated square feet: 1062 Bedrooms: 2.0 Bathrooms: 1.0 Stories: 1 Architecture style: 1 -STORY Construction quality: LOW Type of heat: FORCED AIR http://www.mitchandco.com/realestate/Garfield/bronertvDisnlav.cfm?AccrnmtNn=R7nnR7a 11 /17i)nns Garfield County Assessor Prcy Search Roof structure: HIP ROOF Roof cover: COMP SHNGL Exterior wall: AVERAGE Extra Features Description: OPEN PORCH 101-250 SF • Page 3 of 3 Description: ENC PORCH 101-250 SF Description: FRAME SHED LOW Description: FRAME SHED LOW Copyright C) 2003 Mitchell & Company, Inc. All Rights Reserved. http://www.mitchandco. com/realestate/garfield/propertyDi splay. cfm?AccountNo=8200824 11 /1 7/2005 • • KRUGER UB. 1111111 IIll 111111111 1111 llI 11111111111111111111!1 555982 12/01/1999 10:37A 81162 P508 M ALSDORF 1 of 4 R 20.00 D 88.00 GARFIELD COUNTY CO WARRANTY DEED This Deed is made this 30th day of November, 1999, between JOE ANN NICHOLS, GRANTOR, and LYON LAND AND CATTLE, LLC, a Colorado Limited Liability Company whose legal address is c/o Kelly Lyon, Manager, P.O. Box 110, Silt, Colorado 81652, GRANTEE, WITNESSETH: GRANTOR, for the sum of eight hundred eighty thousand and no/100 dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto GRANTEE, its successors and assigns forever, that tract of land located in Garfield County, Colorado and described on EXHIBIT "A" [2 pages] attached hereto and incorporated herein by reference. Together with all improvements thereon, known as 0187 Co Rd 263 (Harness Lane), Silt, Colorado 81652. Hereinafter called the "Property". TO HAVE AND TO HOLD THE PROPERTY, together with all easements and rights of way appurtenant thereto and all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the GRANTOR in and to the above bargained premises, unto GRANTEE, its successors and assigns forever. TOGETHER WITH all of Grantor's right, title and interest in and to all ditch and water rights appurtenant to or used upon or in connection with the Property, including 90 acre feet of water from Silt Water Conservancy District appurtenant to the Property, and existing domestic water well on the Property, all of which are conveyed without any covenants of warranty. TOGETHER WITH all of Grantors' right, title and interest in and to any oil, gas and minerals in, on or under the Property and not heretofore reserved or excepted, and any outstanding leases thereof. GRANTOR covenants and agrees with GRANTEE, that at the time of the execution and delivery of this DEED, GRANTOR is well seized of the Property; has good, sure, absolute and indefeasible estate of inheritance, in law, in fee simple; has good right, full power and lawful authority to grant, bargain, sell and convey the same in this manner; and that the same are free and clear from all other grants, bargains, sales, leases, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature, except and subject only to: verbal agricultural lease with Larry Antonelli through March 1, 2000; any outstanding oil or gas lease; the general property taxes for 1999, which have been apportioned between the parties to date hereof and which Grantee shall pay in full when due; U.S. patent reservations and exceptions; all O tg2 ��0 11111111111111111111111111 III.111IIl 1111111111111111 555982 12/01/1999 10:37A B1162 P509 M ALSDORF 2 of 4 R 20.00 D 88.00 GARFIELD COUNTY CO recorded or existing rights of way and easements for any purpose encumbering the Property; surveyor's notes, easements and rights of way, restrictions, reservations, covenants, limitations, overlaps and fence line encroachments, and any other items disclosed by the Monumented Land Survey plat of the Property prepared by SurvCo, Inc., professional land surveying services, dated October 12, 1999 and last revised November 19, 1999; and building and zoning, wetlands, land use and subdivision regulations and all other governmental laws, regulations, resolutions and restrictions of any kind at any governmental level and whether a matter of public record or not. Except as to the matters set forth in the preceding paragraph, and except as to any portions of the Property lying outside of existing boundary fencelines, GRANTOR shall WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of GRANTEE against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, GRANTOR has executed this WARRANTY DEED as of the date set forth above. 2-4 J Ann Nichols - Grantor STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) ACKNOWLEDGMENT The above and foregoing WARRANTY DEED was acknowledged before me this ,37{; day of ; , 1999 by JOE ANN NICHOLS, Grantor. WITNESS my hand and official My commission expires: q/27/Itsz.'1%, ROSE MARIE n GEORGE seal. 11; Notary u is /77 el -574 Warranty Deed - page 2 PAGE 1 OF 2 1l ii 111111111111111111111111111111 555982 12/01/ 1999 10: 37fl 81162 11110 11 1 11111 3 of 4 R 20.00 Q 88.00 GRRFIELD COTYQCOSDORF EXHIBIT "A" A tract of land being described as the South 11.19 acres of Government Lot 2, the SW1/4NE1/4, the NE1/4SW1/4 (being Tracts 37, 38, 43 and 44 of the Antlers Orchard Development Company Plat No. 1) that portion of the NW1/4SE1/4 (being Tracts 35 and 36 of the Antlers Orchard Development Company Plat No. 1 and Tracts 45 and 46 as shown on the amended plat of Tracts 45, 46, 51, 52, 61 and 62 of the Antlers Qrgh rj Develo.1-. Company Plat No. 1 as filed for record under Reception No. 363933) and that part of the SW1/4SE1/4 lying northerly—o right of way line as shown on said amended plat, that portion of the SE1/4SW1/4 lying northerly of the centerline of County Road No. 236 and that portion of the NW1/4SW1/4 (being portions of Tracts 39, 41 and 42 of the Antlers Orchard Development Company Plat No. 1) lying southeasterly of that certain gulch centerline running through said NW1/4SW1/4 in a southwesterly direction and being described by metes and bounds in that certain document recorded in Book 516 at Page 442, all of said tract of land being situated in Section 4, Township 6 South, Range 92 West of the 6th P.M., County of Garfield, State of Colorado; said tract of land being described by metes and bounds as follows: (All bearings as recited in this description are based upon the East/West centerline of said Section 4 as bearing North 89°43'22" West monumentation found at the West 1/4 corner is a brass cap and iron pipe, PLS NO. 14060 and the East 1/4 corner is an original stone monument properly marked and found in place.) Beginning at the center 1/4 corner of said Section 4, said center 1/4 corner being a No. 6 rebar with a 3" aluminum cap, PLS NO. 27613; Then North 00°13'54" East along the West line of said SW1/4NE1/4 a distance of 1322.63 feet to the Southwest corner of said Lot 2; Then North 00°13'54" East along the West line of said Lot 2 a distance of 375.89 feet; Then South 88°48'53" East along a fence line and said fence line as extended easterly a distance of 1312.34 feet to the East line of said Lot 2; Then South 00°10'43" West along said East line 353.23 feet to the Southeast corner of said Lot 2; Then South 00°10'43" West along the East line of said SW1/4NE1/4 a distance of 1324.50 feet to the Southeast corner of said SW1/4NE1/4; Then South 00°06'58" West along the East line of said NW1/4SE1/4 a distance of 1239.47 feet to the northerly right of way of County Road No. 236 as shown and dedicated on said amended plat; Then North 88°26'14" West along said right of way a distance of 857.56 feet; (CONTINUED ON PAGE 2) PAGE 2 OF 2 111 11111 111111 111 1111111 11E1111 11111 11111111 555982 12/01/1999 10:37A 81162 P511 M ALSDORF 4 of 4 R 20.00 D 88.00 GARFIELD COUNTY CO Then continuing along said right of way 260.30 feet along the arc of a curve to the left having a radius of 455.86 feet, a central angle of 32°43'00" and a chord which bears South 75°12'16° West 256.78 feet; Then continuing along said right of way South 58°50'46" West a distance of 60.93 feet; Then continuing along said right of way 174.71 feet along the arc of a curve to the right having a radius of 702.57 feet, a central angle of 14°14'53" and a chord which bears South 65°58'13" West 174.26 feet to the East line of said SE1/4SW1/4; Then South 00°13'54" West along said East line 20.75 feet to the center of County Road No. 236 as located by survey in October 1999; Then along said centerline 41.96 feet along the arc of a curve to the right having a radius of 963.90 feet, a central angle of 02°29'40" and a chord which bears South 72°51'17" West 41.96 feet; Then continuing along said centerline South 74°06'07" West a distance of 1332.34 feet to the West line of said SE1/4SW1/4; Then North 00°09'58" East along said West line a distance of 483.22 feet to the Northwest corner of said SE1/4SW1/4; Then North 89°51'09" West along the South line of said NW1/4SW1/4 a distance of 1138.80 feet to a point on said South line; Then along the centerline of said gulch the following courses and distances as recited in document recorded in Book 516 at Page 442: (Courses have been rotated to conform with the basis of bearing) North 32°35'54" East 390.00 feet; North 57°35'54" East 18.00 feet; North 11°35'54" East 61.00 feet; North 49°35'54" East 60.00 feet; South 62°24'06" East 123.00 feet; North 57°35'54" East 100.00 feet; North 87°35'54" East 100.00 feet; North 49°35'54" East 83.00 feet; North 69°35'54" East 57.00 feet; North 47°35'54" East 147.00 feet; South 77°24'06" East 88.00 feet; South 72°24'06" East 100.00 feet; North 32°35'54" East 146.00 feet; North 72°35'54" East 83.00 feet to the West line of said NE1/4SW1/4; Then North 00°09'58" East along said West line a distance of 600.00 feet to the Northwest corner of said NE1/4SW1/4; Then South 89°43'22" East along the North line of said NE1/4SW1/4 a distance of 1322.00 feet to THE POINT OF BEGINNING. RETURN TO: Kelly Lyon P 0 Box 110 Silt, CO 81652 • • Parcel # 2179-041-00-030 Richard L. Helmke Mary Alyce Doll 109 2"a Street Glenwood Springs, CO 81601 Parcel #2179-041-00-183 Terry Ray Ostrom Punjawan S. Ostrom 0901 County Road 231 Silt, CO 81652 Parcel #2179-041-00-184 Pana Properties, LLC 0901 County Road 231 Silt, CO 81652 Parcel #2179-041-00-199 James C. Roark, Trust Dated 8/11/95 6303 County Road 233 Silt, CO 81652 Parcel #2179-041-00-627 Lyon Land & Cattle, LLC C/O Kelly Lyon PO Box 110 Silt, CO 81652 Parcel #2179-042-00-696 Wayne H. Pollard 6448 County Road 233 Silt, CO 81652 Parcel #2179-042-00-713 Wayne H. Pollard 6448 County Road 233 Silt, CO 81652 Parcel #2179-043-00-386 Mark H. Eaves Shirley K. Eaves 811 County Road 229 Silt, CO 81652 Parcel #2179-043-00-387 Philemon J. Hinkle Amber Hinkle 573 County Road 216 Silt, CO 81652 Parcel #2179-043-00-395 Faye B. Faas Trust & Defiance, LTD PO Box 489 Glenwood Springs, CO 81602-0489 Parcel #2179-043-00-411 Fay B. Faas Trust & Defiance, LTD PO Box 489 Glenwood Springs, CO 81602-0489 Parcel #2179-043-00-412 Faye B. Faas Trust & Defiance, LTD EEC APRT GAR BUIL • • PO Box 489 Glenwood Springs, CO 81602-0489 Parcel #2179-043-00-566 Ernst G. Schopp PO Box 367 Rifle, CO 81650 Parcel #2179-043-00-567 Billie D. Blackwell Nickie J. Blackwell 690 Birch Ct. Rifle, CO 81650 Parcel #2179-043-00-656 Lyon Land & Cattle, LLC C/0 Kelly Lyon PO Box 110 Silt, CO 81652 Parcel #2179-043-00-657 Robert A. Crawford, Jr. Donna J. Crawford 33 Mable Lane Silt, CO 81652-9637 Parcel #2179-043-00-669 William K. Hall Mary E. Hall PO Box 3011 Glenwood Springs, CO 81602 Parcel #2179-044-08-001 Janice Jones 689 Ponderosa Drive Silt, CO 81652 Parcel #2179-044-08-002 SMI LLLP 2520 South Grand Ave., Ste 210 Glenwood Springs, CO 81601 Parcel #2179-044-08-003 SMI LLLP 2520 South Grand Ave., Ste 210 Glenwood Springs, CO 81601 Parcel #2179-044-08-004 SMI LLLP 2520 South Grand Ave, Ste. 210 Glenwood Springs, CO 81601 Parcel #2179-044-08-005 SMI LLLP 2520 South Grand Ave, Ste 210 Glenwood Springs, CO 81601 Parcel #2179-044-00-011 Kenneth Strong Kent Strong PO Box 210 Silt, CO 81652 • • Parcel #2179-044-00-012 Kent Alan Strong Kathy L. Strong (JT) PO Box 210 Silt, CO 81652 Parcel #2179-044-00-013 ELW Land Company 1800 Medicine Bow Road Aspen, CO 81611 Parcel #2179-044-08-076 SMI LLLP 2520 South Grand Ave, Ste 210 Glenwood Springs, CO 81601 Parcel #2179-044-08-077 SMI LLLP 2520 South Grand Ave, Ste 210 Glenwood Springs, CO 81601 Parcel #2179-044-08-078 SMI LLLP 2520 South Grand Ave, Ste 210 Glenwood Springs, CO 81601 Parcel #2179-044-00-670 Michael K. Lyon Carrie S. Lyon 235 County Road 236 Silt, CO 81652