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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. a • Adjoining tI23 1 + 0 6' 1• BURNING 7 MOt1INTA/N 27 "032 111.41i ► Alt Total Foo Land Total Fad Lead TNN Load 40144r1 7MM LAN M Tah. v!1 INN 54 Ac Ac Ac At I t00 0 IMO 00 )400 4a00 w---- --- -- -- -- — � 11014 IN 711T 5 059 Adjoining 2181 APP A.Y.Y. !) co •I.eawa (060 316— SEE MAP 2 I 2 5 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 /!(11.-V79 By EXPIRATION DATEFFB 2 0 1994 21 ,% _)S- 1 - 00 - aoZ brio AF'G/9,Jf /Mt77ijF.p.J Gf ge /33‘, a50 ? L 5/6.7 do E'/65 Z ...._............. Pa IA) -) A)/CK G/,uo.q D?6, /sox 39Z iC-7 Co ,F/G. 5'Z /3711 -LJ 97 /9s,"i,-J g7/943GE-; co 8/6 z3 Roc,chi L . tJ/L L Z_ 1rRue T67./77i9LPt/ 4 '. /q, rLR/NGr D/8y /N(FRSoLC LA,JC Cho ,e/G 5 Z. /17o n 411,0 /11/7A' 7//v T.SN,4,fON /93 /.4J(o"250LC LR -/-JE Si c7/ ecv c?/�5'Z_ x, C/1VO,ty) kbe Di7h/ I<. j c PLENA/F/' / e-DD/E 1. o4_ /77'YR/ cK ) >Rm/4 s. /!. 7/ Z ANA/ESL./ E RD hut7//�o,eL� /y1D 07/P7/a / o(,EL � `'m/4N F DOAJA) 4 g. lr / G,'L/7S5/t? C'friel3o/u DtlG F/..._. C ` _._.... e/(o .7 3 /?0. 7 /cT (U �/� 5Z. / A)4) t%o' &757/17-e- 24,04) 57/rT E2 )4) L.i"O o y/s do . /?1). z $ /6 5' Z (3 -pity 6) -(A --0-4,a/ /4--)(-) • • 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