HomeMy WebLinkAbout1.0 Application• •
BEFORE THE BOARD OF COIJIITY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
PursusanL to C.R.S. (1973) Section 30-20-101 (10) (a) - (d) as
amended, and the Subdivision Regulations of Garfield County, Colorado,
adopted April 23, 1904 Section 2:20.49, the undersigned_ 't':(4V7 �ucr
respectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of 36.3 acre tract of land into Z tracts of
approximately 2.41jZQ.Zei acres each, more or less, from the definitions of
"subdivision" and subdivided land" as the terms are used and defined in
C.R.S. (1973) Section 30-20-101 (10) (a) - (d) and the Garfield County
Subdivision Regulations for the reasons stated below:
4-b %.11 (4s."4,62)_"‘e r C4 •
SUBMITTAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with
all the following information.
VA. Sketch .map aL a minimum scale of 1"=200' showing Lhe legal
description of the property, dimension and area of all lots or
separate interests Lo be created, access to a public
right-of-way, and any proposed easements for drainage,
irrigation, access or utilities;
B. Vicinity map aL a minimum scale of 1"-2000' showing the general
topographic and geographic relation of the proposed exemption to
the surrounding area within Lwo (2) miles, for which a copy of
U.S.G.S. quadrangle map may be used.
✓ C. Copy of the deed showing ownership by, the applicant, or a letter
from the property owner(s) if other than the applicant; and
D. Names and addresses of owners of record of land immediately
adjoining .and within 200 feet of Lite proposed exemption, mineral
owners and lessees of mineral owners of record of the property to
be exempted, and tenants of any structure proposed for
conversion; and
✓E. Evidence of the soil types and characteristic:; of each type; and
Proof of legal and adequate source of domestic water for each lot
created, method of sewage disposal, and letter of approval of
fire protection plan from appropriate fire district; and
. If connection Lo a community or municipal water or sewer system
is proposed, a letter from the governing body stating a
J11. Willingness Lo serve; and
Narrative explaining why exemption is being requested; and
✓I. IL shall be demonstrated that the parcel existed as described on
January 1, 1973 or the parcel au it exists presently is one of
not more than three parcels created from a larger parcel as i1
existed on January 1, 1973.
J. A $300.00 fee must be submi l.Led with the application.
Petitioner
2
Mailing Adress
csz
City
'8 76
State
Telephone Number
•
EXEMPTION
APPLICABILITY
The Board of County Commissioners has the discretionary power Lo exempt: a
division of land from the definition of subdivision and thereby from the
procedure in these Regulations, provided the Board determines that such
exemption will not impair or defeat the stated purpose of the Subdivision
Regulations nor be detrimental to the general public welfare. The Board
shall make exemption decisions in accordance with the requirements of
these regulations. Following a review of the individual facts of each
application in light of the requirements of these Regulations, the Board
may approve, conditionally approve or deny an exemption. An application
for exemption musL satisfy, at a minimum, all of Lhe review criteria
listed below. Compliance with the review criteria,:however, does not:
ensure exemption. The Board also may consider additonal factors listed in
Section 8:60 of Lhe Subdivision Regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling
units will be created from any parcel, as that parcel was described in
the records of the Garfield County Clerk and Recorder's office on
January 1, 1973, and is not a part of a recorded subdivision; however,
any parcel to be divided by exemption that is split- by a public
right-of-way (State or Federal highway, County road or railroad) or
natural feature, preventing joint use of the proposed tracts, and the
division occurs along the public right-of-way or natural feature, such
parcels thereby created may, at the discretion of the Board, not be
considered to have been created by exemption with regard Lo the four
(4) lot, parcel, interest or dwelling unit limitation otherwise
applicable;
B. A11 Garfield County zoning requirements will be meta; and
C. A11 lots created will have legal access Lo a public right -of --way and
any necessary access easements have been obtained or are in the
process of being obtained; and
D. Provision has been made for an adequate source of water in terms of
both the legal and physical quality, quantity and dependability, and a
suitable type of sewage disposal Lo serve each proposed lot; and
E. All state and local environmental health and safely requirements have
been met or are in the process of being met; and
F. Provision has been made for any required road or storm drainage
improvements; and
G. Fire protection has been approved by the appropriate fire district.
H. Any necessary drainage, irrigation or utility easements have been
obtained or are in the process of being obtained; and
.7I. School fees, taxes and special assessments have been paid. rer 7
(The School Impact Fee is $200.00 for each new lot created). �
PROCEDURES
A. A request for exemption shall be submitted Lo the Board on forms
provided by the Garfield CouuLy Department of Development/Planning
Division. Two (2) copies of the application, maps and supplemental
information shall be submitted.
B. The Planning Division shall review the exemption requestfor
completeness within eight (8) days of submittal. If incomplete, the
application shall be withdrawn from consideration and the applicant
notified of the additional information needed. If the application is
complete, the applicant shall be notified in writing of the Lime and
place of the Board of County Commissioners meeting aL which Lhe
request shall be considered. In either case, notification shall occur
within fifteen (15) days of submittal.
• •
C. Notice of the public meeting shall be mailed by certified mail, return
receipt requested, to owners of record of land immediately adjoining
and within 200 feet of the proposed exemption, to mineral owners and
lessees of mineral owners of record of the land proposed for
exemption, and Lo tenants of any structure proposed for conversion.
The exemption site shall be posted clearly and conspicuously, visible
from a public right-of-way with notice signs provided by the Planning
Division. All notices shall be mailed at least fifteen (15) and not
more than thirty (30) days prior to Lhe meeting. The applicant: shall
be responsible for mailing the notices and shall present proof of
mailing at the meeting.
D. At or within fifteen (15) days of the meeting, the (Board shall
approve, conditionally approve or deny the exemption request_. The
reasons for denial or any conditions of approval shall be :yet forth in
the minutes of the meeting or in a written resolution. An applicant
denied exemption shall follow the subdivision procedure in these
Regulations.
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Last matoo and bound• arctl numbtr uttd is III
Form No.
GWS -25
APPLICANT
OFFICE OF THE ST' STia ENGINEER
COLORADO DIVISICIMOF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
LIC
WELL PERMIT NUMBER 162970 - -
DIV. 5 CNTY 23 WD 39 DES. BASIN MD
Lot: Block: Filing: Subdiv:
NICK LAMPIRIS/GREG BEVAR
0185 INGERSOLL LN
SILT, CO 81652
303-876-5400
PERMIT TO CONSTRUCT A WELL
APPROVED WELL LOCATION
COUNTY GARFIELD
SW 1/4 SW 1/4 Section 30
Twp 5 S , Range 91 W 6thP.M.
DISTANCES FROM SECTION LINES
500 Ft. from South Section Line
4 3 2 5 Ft. from East Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDMONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules
2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well
Construction and Pump Installation Contractors in accordance with Rule 17.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a residential site of 31.3 acres described as
that portion of the SW 1/4 of the SW 1/4 of Sec. 30, Twp. 5 South, Rng. 91 West of the 6th P.M., Garfield County,
being more particularly described on the attached exhibit "A".
4) The use of ground water from this well is limited to ordinary household purposes inside a single family dwelling and
the watering of the user's noncommercial domestic animals. The ground water shall not be used for irrigation or
other purposes.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
OWNER!S COPY
APPROVED:
J
dte
Az •i .9, State Engineer
Receipt No. 03 3'5162
DATE ISSUED _ FEB 2 0 1992
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By
EXPIRATION DATEFFB 2 0 1994
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• •
SHEET# IRRIGATION WATER MANAGEMENT GUIDELINES
LANDUSER:Nick Lampiris
LOCATION:Silt Mesa
BY: Wall
DATE: 06/89
The objectives of Irrigation Water Management are: 1) promote plant
growth by providing an adequate moisture supply; 2) minimize soil
Verosion; 3) minimize nutrient loss due to overwatering; 4) control
undesirable water loss; 5> protect water quality.
Following are some recommendations based on your crops, proposed
irrigation methods, and soil types. These are only recommendations.
Experience wi I I allow you to adjust a I ic-a-ta•s to the advan—
tage of your crop, and still use proper management. Irrigation
needs will also vary over the growing season of the particular crop.
RESOURCE DATA:
FIELD: all ACRES: 28
SOILS: Olney loam, 6-12%vt,a •r!
WATER FLOW AVAILABLE: ??? c . f . s .
CROP: Grass (-
EFFECTIVE ROOT DEPTH: 3 feet
SOIL WATER CAPACITY: Group 16 4.3 inches
MANAGEMENT ALLOWED DEFICIENCY: 50
NET APPLICATION NEEDED: 2.2 inches_.
PEAK CONSUMPTIVE USE: Zone 3 0.22 inch per day
PEAK IRRIGATION FREQUENCY: 10 days
BASED ON THE ABOVE INFORMATION MINIMUM WATER REQUIREMEN`fS FOR:
TYPE OF SYSTEM: Sprinkler
OPERATING EFFICIENCY: •5 %
WATER NEEDED (cf s) : 0.39
RECOMMENDED AP_EL1SAT I ON _ AT -�--- - ----__
<"Q.28__i nch per hour for 12 h_ o
OR 0.14 i rich—per hour for 24 hours
TO PREVENT EROSION, YOU SHOULD NOT EXCEED:
/ 0.5 inch per hour
APPROXIMATE WATER NEEDS PER MONTH <for an average year)
MONTH
APRIL
MAY
JUNE
JULY
AUGUST
SEPT
OCT
TOTALS
INCHES
1.20
2.83
4.26
5.28
4.28
2.59
0.81
21.25
# IRRIG.
0
1
2
2
2
2
0
9
• •
COMMONWEALTH
LAND TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
OWNER'S POLICY OF TITLE INSURANCE
POLICY NUMBER
10 7- 589942
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND TITLE INSURANCE
COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A,
against loss or damage, not exceeding the amount of insurance stated in Schedule A, and cost, attomeys' fees and expenses
which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title.
IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or
agent of the Company.
Attest:
COMMONWEALTH LAND TITLE INSURANCE COMPANY
if4(/)C)
/77Allecrel
By President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
I. (a) Governmental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation. in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part.
(d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or
encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state
statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive
notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such
records shall not be construed to include records in any of the offices of federal, state or local environmental protection,
zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured
claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either
at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in
writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;
(c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e)
resulting in loss or damage which would not have been sustained if the insured claimant had value for the estate or
interest insured by this policy.
• •
Issued with Policy No. 443-005339
COMMONWEALTH
LAND TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
SCHEDULE A
Amount of Insurance: $ 45 ,000.00
Premium:
$273.00
Date of Policy: May 6, 1989 at 7:59 A.M.
1. Name of Insured:
Thomas Gregory Bever
POLICY OF TITLE INSURANCE
Policy No. 107-589942
File No. 8904017
2. The estate or interest in the land described herein and which is covered by this policy is
fee simple and is at Date of Policy vested in:
Thomas Gregory Bever
3. The land referred to in this policy is described in the said instrument, is situated in the County of
Garfield , State of Colorado , and is identified as
follows:
LOT 4, Less the East 111-2/3 feet thereof, in Section 30, Township 5 South, Range 91
West of the 6th P.M. EXCEPT that portion conveyed to the Board of County
Commissioners of Garfield County in Book 256 at Page 024; and EXCEPT that part lying
Northeasterly of the following described line:
BEGINNING at a point on the Westerly line of a County Road as constructed and in
place whence the West Quarter Corner of said Section 30 bears North 34°36' West
2133.82 feet; thence North 85°05' West 471.66 feet; thence North 03°10' West 409.01
feet to a point on the Northerly line of said Lot 4.
Countersiened :
a� �� Ixe,aQ
• •
Policy No. 107-589942
File No.. 8904017
SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey
and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an
improvement district.
8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom,
should the same be found to penetrate or intersect the premises hereby granted
and a right of way for ditches or canals as constructed by the authority of
the United States, as reserved in United States Patent recorded January 22,
1896 in Book 12 at Page 401.
9. Easement on, over, along, across and under the subject premises and roads as
shown on the Antlers Orchard Development Company's Plat No. 1 recorded July
23, 1909, for the construction, operation, maintenance, repair and replacement
of pipelines, pole lines, irrigation ditches and conduits with their appliances
and accessories.
10 All existing roads, highways, ditches, pipelines and utilities, and rights of
way and easements therefor.
11. Right of way across the South 15 feet of subject property, conveyed to the Board
of County Commissioners for a highway by deed recorded January 7, 1898 in Book
20 at Page 573.
12. Deed of Trust from Thomas Gregory Bever to the Public Trustee of Garfield County
for the use of Lillian A. Blackburn showing an original amount of $38,250.00,
dated April 25, 1989 and recorded May 5, 1989 in Book 753 at Page 818.
CONDITIONS AND STIPULATIONS
(Continued)
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this policy (a) if the
Company. after having received notice of an alleged defect, lien or
encumbrance insured against hereunder, by litigation or otherwise, removes
such defect, lien or encumbrance or establishes the title, as insured, within
a reasonable time after receipt of such notice; (b) in the event of litigation
until there has been a final determination by a court of competent
jurisdiction, and disposition of all appeals therefrom, adverse to the title, as
insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily
assumed by an insured in settling any claim or suit without prior written
consent of the Company.
8. REDUCTION OF LIABILITY
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the insurance pro
tanto. No payment shall be made without producing this policy for
endorsement of such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be furnished to the
satisfaction of the Company.
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay under any
policy insuring either (a) a mortgage shown or referred to in Schedule B
hereof which is a lien on the estate or interest covered by this policy, or (b)
a mortgage hereafter executed by an insured which is a charge or lien on
the estate or interest described or referred to in Schedule A, and the
amount so paid shall be deemed a payment under this policy. The
Company shall have the option to apply to the payment of any such
mortgages any amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this policy and the
amount so paid shall be deemed a payment under this policy to said
insured owner.
10. APPORTIONMENT
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one or
more of said parcels but not al!, the loss shall be computed and settled on
a pro rata basis as if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed upon as to each such
parcel by the Company and the insured at the time of the issuance of this
policy and shown by an express statement herein or by an endorsement
attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under this policy,
all right of subrogation shall vest in the Company unaffected by any act of
the insured claimant. The Company shall be subrogated to and be entitled
to all rights and remedies which such insured claimant would have had
against any person or property in respect to such claim had this policy not
been issued, and if requested by the Company, such insured claimant shall
transfer to the Company all rights and remedies against any person or
property necessary in order to perfect such right of subrogation and shall
permit the Company to use the name of such insured claimant in any
transaction or litigation involving such rights or remedies. If the payment
does not cover the loss of such insured claimant, the Company shall be
subrogated to such rights and remedies in the proportion which said
payment bears to the amount of said loss. If loss should result from any
act of such insured claimant, such act shall not void this policy, but the
Company, in that event, shall be required to pay only that part of any
losses insured against hereunder which shall exceed the amount, if any, lost
to the Company by reason of the impairment of the right of subrogation
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and other
instruments, if any, attached hereto by the Company is the entire policy
and contract between the insured and the Company.
Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or any action asserting such claim, shall be restricted to the
provisions and conditions and stipulations of this policy.
No amendement of or endorsement to this policy can be made
except by writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall be addressed to
Commonwealth Land Title Insurance Company, Eight Penn Center,
Philadelphia, Pennsylvania 19103.
PAIO NM 1
American Land Title Association Os ner•s Policy - 1970 - Form tt (Rev. 10-17-70 and 10-17-84)
Cover Page
Form 1005-8
Valid Only If Schedules A and B Are Attached
Recorded at
Reception No.
WARRANTY DEED
THIS DEED, Made this 25th day of April
19 89, between LILLIAN A. SPATH
now known as LILLIAN A. BLACKBURN
of the — — —— * County of ✓AVAPf 1
X X a4 , grantor, and
THOMAS GREGORY BEVER
ecorder.
and State of A
BOX ?53 Nr,r8i_7
izona
ILD
MAYo519P°
State oc. Fee
$ 50
whose legal address is
c/o Nicholas Lampiris 0793 Valley Road Carbondale, CO 81623
of the — — — — County of Garfield and State of Colorado, grantee:
WITNESSETH, That the grantor for and in consideration of the sum of
----Forty Five 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 the grantee, his heirs and assigns,forev r, all the real property together with improvements, if any, situate, lying and being in the
— — — — County of Garfield
and State of Colorado described as follows:
LOT 4, Less the East 111-2/3 feet thereof,
Range 91 West of the 6th P.M. EXCEPT that
County Commissioners of Garfield County in
that part lying Northeasterly of the followi
in Section 30, Township 5 South,
portion conveyed to the Board of
Book 256 at Page 024; and EXCEPT
ng described line:
BEGINNING at a point on the Westerly line of a County Road as co
in place whence the West Quarter Corner of said Section 30 bears
West 2133.82 feet; thence North 85°05' West 471.66 feet; thence
WCst 409.01 feet to a point on the Northerly line of said Lot 4.
TOGETHER WITH the following described water and water rights tit
is NOT included in the warranties contained herein:
41 acre feet of Silt Project Water
as known by street and number as:
nstructed and
North 34°36'
North 03°10'
le to which
TOGETHER with all and singular the hereditaments and appurtenances thereto 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, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns
forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and
assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute
and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same
in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for t h e
year 1989 and subsequent years, U. S. Patent reservations, and easements and
rights of way of record or of an apparent nature
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee,
his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,
the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
Lillian A. Spa'th now known as Lillian A. Blackburn
by
STATE OFCCXL>804Arizona
County of
tl/P-FA—t }ss
The foregoing instrument was acknowledged before me this
Lillian A. Spath now known as Lillian
My common expires
eussio LXI.X9 July 31, 199g
.0
*l nver, frlsrt'City,and ".
A `
day of April
A. Blackburn
, 19 . Witness my hand and official seal.
No. 932A. Rev. 7-84. WARRANTY DEED (For Photographic Record)
,19 89
Notary Public
Bradford Publishing, 5825 W. 61h Ave., Lakewood, CO 8021E — (303) 233-6900
11-86 0
0 :.cordoat o'clock ..M., •
Reception No Recorder.
rrIIIS DEED, Made this 12th day of April 0,968
rte. "u`• r
S C.
be twccn _
GLENN ANDERSON 'Yl NDERSON
County of G arfield
of tho
and State of Colorado, of the first part, and
HARRY W. SPATH and LILLIAN A. SPATII
of the City and County of Denver and
State of Colorado, of the second part:
WITNESS TII, That the said parties of the first part, for and in consideration of the sum of
Ten Dolla:-.. and other good and valuable consideration, DX
to the said partlCS of the first part in hand paid by said part les of the second part, the receipt whereof is
.t:by con - :ed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do
grant, L::rg::1::, sell, convey and confirm, unto the said parties of the second parttheirheirs and assigns for-
ever, all the following described lot or parcel of land, situate, lying and being in the
County of Garfield and State of Colorado, to -wit:
Lot 4, less the East 111-2/3 eet thereof, in Section 30, Township 5 South,
Range 91 West of the 6th P. M. Except that portion conveyed to the Board of
County Commissioners of Garfield County in Book 256 at Page 204; and Except
that part lying Northeasterly of the following described line:
Beginning at a point on the Westerly line of a County road as constructed and
in place whence the West Quarter Corner of said Section 30 bears N. 34°36'
W. 2133. 82 feet; thence N. 85°05' W. 471. 66 feet; thence N. 03°10' W. 409. 01
feet to a point on the Northerly line of said Lot 4.
Subject to any and all existing easements and rights-of-way of a public or private
nature.
Together with all water rights appurtenant to or used upon or in connection with
the above-described tract of land, including but not limited to, twenty-five (25)
acre-feet of water annually of Silt Project Water, said twenty-five (25) acre-
feet of water being a portion of the allotment granted under that certain Order
on Petition recorded as Document No.. 224869 of the records of Garfield County,
Colorado; PROVIDED, however, that said parties of the first part expressly
reserve from this conveyance and the effects hereof, the water rights repre-
sented by fifty-three (53) shares of the capital stock of The Farmers' Irrigation
Company, which water rights were heretofore used upon and in connection with
the above-described tract of land
and tha above barb -'—d premises in the quiet and peaceable possession of the said part ieS of the second part,
their heirs and assigns against all and every person or persons lawfully claiming or to claim the whole
or any part thereof, the said part ies of the first part shall and will WARRANT AND KOI.EVER DEFEND.
INWITNESS WHEREOF, the said parties of the first part ha Ve hereunto set/t eland S
and seal s the day and year first above written.
S':ATE OF COLORADO
County of
4"2 /2 6:0 (SEAL)
GI 6,,wy
(SEAL)
Rose C.
} 85.
(SEAL)
The foregoing instrument was acknowledged before me this day of April
A.D. 19 68 , by GLENN NDERSON and ROSE C. ANDERSON
My commission expires ,19 . Witness my hand and official seal.
up
Notary Public.
No. 932. wA1taAN'rY DEED.—h'or Photographic Record.—nn.dfurd-ltobineon Printing Company. 1824-46 Sb,ut Street, Denver, Colorado