HomeMy WebLinkAbout1.0 ApplicationCENTRAL AGGREGATES, INC.
SUBDIVISION EXEMPTION
PETITION
RECE VED MAR 1 7 2000
1
1
PETITION FOR EXEMPTION
BEFORE THE BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
1
1
1
1
1. The 41.4 acre tract which is the subject of this Petition is owned by the Petitioner,
CENTRAL AGGREGATES, INC. (See copy of deed submitted herewith as Exhibit 1).
Pursuant to C.R.S. (1973) §30 -28 -101(10)(a) -(d), as amended, and the Subdivision
Regulations of Garfield County, Colorado, adopted April 23, 1984, as amended February 19, 1997,
§8:00, CENTRAL AGGREGATES, INC. respectfully petitions the Board of County Commissioners
of Garfield County, Colorado to exempt by Resolution, the division of a 41.4 acre tract of land into
two tracts of land, one of which will be approximately 12.0 acres, and one of which will be
approximately 29.4 acres, more or less, from the definitions of "Subdivision" and "Subdivided Land,"
as the terms are used and defined in C.R.S. (1973) §30 -28 -101(10)(a) -(d), and the Garfield County
Subdivision Regulations for the reasons stated below.
1
1
2. The Petitioner and Con -Sy, Inc. currently occupy the proposed 12 acre parcel and are
engaged in the production and marketing of aggregates and other building materials. Con -Sy, Inc.
wishes to acquire the proposed 12 acre parcel from CENTRAL AGGREGATES, INC. to continue
to conduct its operations and CENTRAL AGGREGATES, INC. wishes to retain the remaining 29.4
acres of the parcel presently owned by it to conduct its own business operations, and for future
development purposes.
3. The improvements on the proposed 12 acre parcel are currently served by an
individual septic system and are supplied with the water from an existing well. (See attached Exhibit
2, copy of Well Permit).
4. If this Petition is granted, each parcel would be served by an individual septic system
1 and the existing well. If necessary, the use of the well will be augmented by a contract for storage
water from the West Divide Water Conservancy District.
5. Access to the property to be divided is from U.S. Highway 6&24 and under permit
' from the Denver & Rio Grande Western Railroad (copy of driveway license is submitted herewith as
Exhibit 3).
1 6. Copies of the deeds in the Petitioner's chain of title from January 1, 1973 through the
present are submitted herewith as Exhibit 4, demonstrating that the Petitioner's 41.4 acre tract, as
it exists presently, is one of not more than three (3) parcels created from a larger parcel as it existed
on January 1, 1973.
1
1
1
7. In further support of this Petition, the following are submitted herewith:
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
a. Proposed exemption plat, including vicinity map.
b. Schedule of names and addresses of owners of record of lands within 200 feet
of the proposed exemption, and mineral owners of record for the exempted parcels (Exhibit 5).
c. Soil types and characteristics from USDA Soil and Conservation Service
(Exhibit 6).
d. Copy of letter to Rifle Fire Protection District (Exhibit 7).
e. Three Hundred Dollar ($300.00) application fee.
WHEREFORE, the undersigned request that the Garfield County Board of Commissioners
approve the subdivision exemption.
SIGNED this /? day of ,� �� � ,2000.
2
CENTRAL AGGREGATES, INC.
By
homas W. Stuver #1411
STUVER & GEORGE, P. C.
P. O. Box 907
120 West Third Street
Rifle, Colorado 81650
(970) 625-1887
Attorney for Petitioner
EXHIBIT 1
DEED
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Recorded at
Reception No
//,' i
THIS DEED, Made this 10th
o'clock.
RICHARD E. WHITE and ATTA DEE WHITE
of the County of
MAY 10 1988
day of May
ecorder.
734 P.r•E 53
, 1988 , between
GARFI LD
MAY 10 1988
State Doc: Fee
El Paso , and State of Colorado, of the first part, and
CENTRAL AGGREGATES, INC., a Colorado corporation
a corporation duly organized and existing under and by virtue of the laws of the State of Colorado
of the second part; whose legal address is P 0 Box 26 , Rifle , Colorado 81650
Ii
I WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of TEN
ii DOLLARS and other good and valuable consideration
to the said part ies of the first part in hand paid by the said party of the second part, the receipt whereof is
hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever,
all of the following described or parcel of land, situate, lying and being in the
County of Garfield , and State of Colorado, to wit:
A parcel of land lying south of the Denver and Rio Grande Western Railroad
in Section 17, Township 6 South, Range 93 West of the 6th P.M. being more fully
described as follows:
Beginning at a point on the southerly right of way line of the Denver. and
Rio Grande Western Railroad (as indicated by a fence line intersection in place)
whence the North Quarter Corner of said Section 27, Tp. 6 S., R. 93 W. of the
6th P.M. bears N. 36°01'24" W., 2357.41 feet; thence S. 88°24'00" W. 1388.00
feet along said southerly right of way to a fence line intersection; thence S.
1°54'00" W. 393.00 feet along a fence line in place; thence S. 2°13'00" W.
1070.00 feet along a fence line in place to a point on the northerly meander
line of the Colorado River (February 1981); thence along said meander line the
following three courses: S. 69°46'50" E. 320.24 feet; thence S. 53°05'42" E.
295.19 feet; thence S. 66°30'10" E. 336.30 feet to a point being the intersection
of the current meander line with the westerly most boundary of the parcel of
land described in Document No. 175932 of the records of Garfield County,
Colorado; thence along a portion of the westerly boundary of said property
described in Document No. 175932 the following seven courses:
N. 0°23'00" W. 1130.54 feet;
thence N. 89°37'00" E. 31.00 feet;
thence N. 0°23'00" W. 38.80 feet;
thence N. 84°47'00" E. 546.56 feet;
thence N. 11°54'00" E. 64.97 feet;
thence N. 90°00'00" E. 22.00 feet;
thence N. 0°32'00" W. 650.00 feet to the point of beginning.
Also } of 1 cubic foot of water per second of time out of the Pioneer Ditch,
together with all ditch and water rights connected therewith and together with
all well water and well rights appurtenant to the described property.
Also, a conditional water right consisting of the West Rifle Pit Pumping
Plant, adjudicated by decree dated March 18, 1982 for 1 cubic foot of water per
second of time of industrial use with a priority date of November, 1980, as
originally decreed in Cade No. 81CW275, and for which reasonable diligence
thereon was decreed in Case No. 86CW013 of Water District No. 5.
I I
Also, a conditional water right consisting of the West Rifle Pit, being 1
10 acre feet of storage .,-iter for piscatorial and recreation use, with a priority;!
date of May 1, 1981 as _.:reed on February 8, 1982 in original Case No. 81CW111, I
and for which reasonable liligence was found in Case No. 85CW268 of Water
District No. 5.
No. 995. -WARRANTY DEED—Lone Form Individual to Corporation. —Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado -5.79
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
BOX 734 P.rE 54
Also, a Special Use Permit from Garfield County, Colorado for the extraction
of sand and gravel as set forth in Resolution No. 84-83 of the County of
Garfield, State of Colorado.
Also, a permit from the Mined Land Reclamation Board, Permit No. M81-006
for the extraction of sand and gravel upon the subject property.
Also, a railroad crossing permit granted to the subject property by the
Denver and Rio Grande Western Railroad and standing in the name of the First
Parties.
Subject to a first deed of trust dated January 22, 1981 recorded September
1981 as Reception No. 318809, in Book 580, at Page 596 of the Garfield County
records with an unpaid principal balance of $81,318.16 which second party hereby
assumes and agrees to pay according to the extension agreement set forth in
that certain Contract For Sale And Purchase Of Real Estate dated April 26, 1988
between Richard E. White and Atta Dee White, Sellers, and Con -Sy, Inc., Buyer,
and consented to by Marvin L. Hopper and Cora Irene Hopper
also known as street and number
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the
said party of the second part, its successors and assigns forever. And the said
part ies of the first part, for them sel ves
heirs, executors and administrators, do covenant, grant, bargain and agree to and with the said party of the
second part, its successors and assigns, that at the time of the ensealing and delivery of these presents
they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate
of inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form aforesaid, and that the same are free and clear from all former and
other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soeveri
excepting, however 1987 general property taxes and special assessments due and
payable in 1988, United States patent reservations and exceptions of record;
easements and rights of way of a public or private nature of record; prior
mineral reservations, if any, of record, and excepting that certain Agreement
And Covenants Restricting The Use Of Land .ited August 6, 1985 between First
Parties and Robert C. Schenck and Betty Lou` Schenck.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
k
t
BKK 734 P.cE 55
and the above bargained premises in the quiet and peaceable possession of the said party of the second part, its
successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part
thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said part ies of the first part ha Ve hereunto set their
hand s and seal s the day and year first above written.
Signed, Sealed and Delivered in Presence of
STATE OF COLORADO,
County of Garfield �j
The foregoing instrument was acknowledged before me this 7-7( of May
19•&8";by Richard E. White, by Atta Dee White, Attorney in Fact and
_�e�e�White
r,TIPlyrttyinaissionexpires
(SEAL)
SEAL)
(SEAL)
(SEAL)
Richard Er. White, by Atta Dee
White, Attorney in Fact
()VS;Qg "Atta Dee '
e (SEAL)
(SEAL)
}ss.
,19? 7 . Witness my hand and official seal.
Notary Public.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
EXHIBIT 2
WELL PERMIT
MAR -13-2000 08:55
1
1
APPLICANT
D I U 5 LJTR RESOURCES
1 303 866 5415 P.04/04
STArE.OF OL RADO DIVISION OF WATER RESOURCES
JW.. 2 61968,; ;
,. 7 A PERMIT TO USE GROUND WATER
it A PERMIT TO CONSTRUCT A WELL
APPLICATION FOR: L 7 REPLACEMENT FOR -N0.
PRINT OR TYPE
(Reason)
L7 OTHER
�f1�U/4' I R
IIStreet Address
City E. State
R
IF/Use of ground water
1
1
1
1
1
1
1
1
1
1
1
Owner of land on which well
is located
•
WATW;�t � 1 75��SIM* ‘.41412 814
LOCATION OF WELL
'MTV
cc cc}} Sec.
CDL a T• ��3 �/ R./ i ,
Street or ve
Lot & Block
Number of acres
to be irrigated
Legal description of
irrigated land
Other water rights on
th l s land
Owner of irrigated
land
Aquifers) ground water
from
is to be
obtained
ESTIMATED WELL DATA
Est. quantity of ground water to be claimed:.
Est. Max. Yield
diet7 GPM or CFS
Est. average annual amount to be
used in acre-feet
Storage capacity
AF
Anticipated start of drilling �—f/> 1%5Y
Hole Diameter:
in. from 9 ft. to aft.
Tn. from
ft. to ft.
Casing:
Plain'27in. from en ft.
in. from ft.
Perf.in_ from ft.
in. from ft.
to_ =f t.
to ft.
to ft.
to ft.
PUMP DATA: Outlet
s 1 ze
FOR STATE ENGINEER OR COMMISSION USE
City or
P.h.
Subdivision
Ground Water Basin
Water Management
District
LOCATE WELL ON THE SACK OF THIS SHEET
Driller�7�"
$ew lQ? Rrnrti 1 No._ 74 ,
Drl I ler's R1fo Colorado 81810
Address
Signature of
PI
CONDITIONS OF APPROVAL
ant
APPLICATION APPROVED:
VALID FOR ONE (1) YEAR- AFTER DATE ISSUED
UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO
THE ISSUING AGENCY
PERMIT NO. 34730 CONDITIONAL / /
DATE ISSUED JUL 21968
STATE ENGIN ER or CHA I RMAN GROUND
%��`Y WATER COMMISSION
APPLICATION MUST BE COMPLETED SATISFACTORILY BEFORE ACCEPTANCE
(OVER)
TOTAL P.04
1
1
1
1
1
1
1
1
1
1
1
1
1
1
A
1
EXHIBIT 3
PRIVATE WAY LICENSE
1
1
1
1
1
1
1
1
ASSIGNMENT, ACCEPTANCE AND CONSENT C. P, %
it
1
11
11
II
1
t
1
M
111
M
A
1
CQNTRf;TN. 2871`6,
ASSIGNMENT, ACCEPTANCE AND CONSENT
KNOW ALL MEN BY THESE PRESENTS, That WHITE & SONS CONSTRUCTION, INC., a
Colorado corporation herein called "Assignor", does hereby assign, transfer and
set over to RICHARD E. WHITE and ATTA DEE WHITE, as individuals, P. 0. Box 319,
Pleasant View, Colorado 81331 herein called "Assignee", all right, title and
interest in, to and under the attached written Private Way License dated October
8, 1981, designated in the files of The Denver and Rio Grande Western Railroad
Company as Contract No. 28766 between The Denver and Rio Grande Western Railroad
Company and the aforementioned Assignor.
xected in triplicate this
ATTES
J
Secretary
day of OC'T7,f7 /Z , 1986.
WHITE & SONS CONSTRUpTION, INC.
President
RICHARD E. WHI and ATTA DEE WHITE, individuals, herein called the
"Assignee", hereby a-cepts the assignment of the above mentioned instruments, and
agrees to keep and perform all of the terms, covenants and conditions in said
instruments required to be kept and performed by the above named Assignor.
Executed in triplicate this 2-4,Y dayof
— , 1986.
/ /
Richard E. White
STATE OF COLORADO
COUNTY OF
) ss
By
By
Acta Dee Wh to
The foregoing instrument was acknowledged before me this
Fe A P Ulgj , 1986, by RICHARD E. WHITE and ATTA DEE WHITE.
My notarial commission expires /,/c27128
5.MAO �l
Notary Public
THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY hereby consents to the
assignment effective September 30, 1986, by said WHITE & SONS CONSTRUCTION, INC.
of said Private Way License designated in the records of the Railroad Company as
Contract No. 28766, subject to the acceptance and assumption by said RICHARD E.
WHITE and ATTA DEE WHITE of all and singular the terms, conditions, obligations,
and limitations thereof.
WITNESS my hand and official seal.
day of
Approved this 7:11 day of /yavL�
II9/23/86 GFS 1
A
, 198W.
THE DENVER AND RIO GRANDESTERN
COMPAN,
i
By
Chief E _ineer
1
i
Form 3362 (Rev. 2-60)
PRIVATE WAY LICENSE
Contract No
C3 6
THIS AGREEMENT, Made and entered into this 8th day of October A. D. 1981 ,
by and between THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a corporation of the State of
Delaware, hereinafter called the "Licensor" party of the first part, and WHITE & SONS CONSTRUCTION, INC.,
a Colorado corporation. 28485 Highway 6 & 24, Rifle, Colorado, 81650
hereinafter called the "Licensee" of the second part:
WITNESSET}I, That the Licensor, for and in consideration of the covenants and agreements of the Licensee herein
contained and upon the terms and conditions hereinafter set forth, hereby licenses and permits the construction,
maintenance and use of the private way or private ways hereinafter described (hereinafter called "private way") across
the right of way and track or tracks of the Licensor as herein specified, to wit:
A 32 -foot wide tract or parcel of land extending
at right angles across the 100 -foot right of way,
property and tracks of the Licensor at Mile Post
387 plus 1432 feet, near Rifle, Garfield County,
Colorado, as shown in yellow on the attached map,
Dwg. No. R-308.
This license is expressly conditioned upon the performance by the Licensee of all and singular the covenants and
agreements hereinafter set forth to be by said Licensee kept and performed, each of said covenants and agreements
being hereby made a condition; and it is also hereby stipulated that a waiver by the Licensorof any breach of any
condition shall in no way impair the right of the Licensor to avail itself of any subsequent breach of the same or any
other condlton.
PRIVATE WAY as and wherever said term is employed herein, shall mean a way for travel for pedestrians, vehicles,
implements and live stock. It is expressly stipulated that the private way is -to be a strictly private one and is not in-
tended for public use, its use shall be limited to the Licensee, its employees and those
having business with the Licensee.
And said terra shall include such grading, approaches, planking, ditches, drain, tiling, drain boxes, culverts, cattle
guards. wing fences and fences, gates with proper hinges and latches, raising of telegraph, telephone and signal wires
for prober clearance. and such signals, bells, sign post and signs and other safety devices as shall in the particular
instance he required by the Licensor, or which may now or hereafter be prescribed and required by any law, State or
Federal, or by any order of any officer or regulatory board, State or Federal, having jurisdiction over such matters.
The foregoing license is subject to all outstanding superior rights (including those in favor of telegraph and
telephone companies, lessees of said right-of-way and others) and the right of the Licensor to renew and extend the
same.
1. If the Licensor shall elect to contruct said private way or a portion thereof, and shall so notify the Licensee,
the Licensee agrees to pay to the Licensor, in advance, such sum of money estimated to be S 127, /30.00 , as
shall he necessary to construct such portion or all of said private way, including the cost of all necessary material
and the transportation thereof and the cost of all labor and superintendence. If the Licensor shall elect not to construct
said private way, the Licensee shall furnish material for, and construct said private way at the sole cost and expense
of the Licensee, in such manner and according to such plans as the Licensor may deem best for the safety and proper
protection of the track, roadbed and premises of the Licensor. If the amount to be advanced by the Licensee as
hereinbefore provided should be in excess of the amount required, the excess shall be returned to the Licensee, if such
amount should not be sufficient to cover the expense of work done by the Licensor, the Licensee shall pay such
additional amount to the Licensor on demand.
2. The Licensee shall, at the sole cost and expense of the Licensee, maintain, repair, and reconstruct, whenever
necessary and when required so to do by the Licensor, said private way and all Its appurtenances In accordance with
plans and in manner satisfactory to the Licensor; and at all times keep sald private way in a good state of repair;
I 1
I 1
I
11
11
11
II
1
t
r
1
1
the Licensor, however, shall have the right, if it so elects, at any time. though It shall be under no obligation whatever
to do so, to make necessary or proper repairs or to reconstruct said private way, notwithstanding the obligation of
the Licensee to maintain, repair and reconstruct, and to the event the Licensor at any time elects to repair or re-
construct said private way, the Licensee shall, upon presentation of estimates, advance such sum of money as the
Licensor may deem necessary for such repair or reconstruction, or upon bill being rendered for work already done,
the Licensee shall reimburse the Licensor for the cost of such repair or construction. The optional right of the
Licensor to make repairs or to reconstruct said private way shall in no manner or degree relieve the Licensee from
responsibility to the Licensor or to other persons or corporations for the failure of the Licensee to properly main-
tain or reconstruct said private way, or any structure which the Licensee agrees, as aforesaid to maintain or re-
construct.
3. The Licensee, at the' Licensee's expense, shall keep the flangeways at said private way clean and free from
dirt, rocks and other material, and shall not foul or permit the fouling of any track of the Licensor, or permit any
condition which will interfere with the safe operation of locomotives, cars or trains over said private way.
4. The Licensee agrees to pay to the Licensor, in advance, the sum of $ 300.00 , as consideration for
license and permit herein granted.
5. If at any time after the installation of said private way, any law, State or Federal, or any officer or regulatory
hoard or commission, State or Federal, having jurisdiction, shall require any alterations, changes or improvements of
said private way and of its appurtenances, as herein defined, or any additional safeguards. protection. signals or
warnings, the same shall be constructed, maintained and operated at the sole expense of the Licensee, as herein
provided with respect to maintenance, repair, reconstruction, etc., In paragraph 2 hereof.
6. The Licensee shall not enter upon the premises for the purpose of constructing said private way nor for the
purpose of repairing or renewing the same, without special written license or permit first had and obtained from the
Licensor, or the Licensor's duly authorized agent, except in cases of emergency when work is necessary to avert Ions
or damage to property. All work of construction, maintenance. operation or reconstruction shall be done by the
Licensee in such mariner as to cause no interference with the constant, continuous and uninterrupted use of the tracks
and property of the Licensor as to operation, maintenance, renewals or possible new construction by the Licensor.
7. This license shall not be deemed to give the Licensee exclusive possession of any port of the premises
described. but the Licensor shall have unimpaired right to retain Its track or tracks as now owned and operated
at the place of construction of such private way, and nothing shall be done or suffered to be done by the Licensee at
any time that shall in any manner impair the usefulness or safety of said track or tracks of the Licensor or of any
track nr improvement to be hereafter constructed. The Licensor shall have the right at any and all times hereafter
to construct, maintain and operate such additional tracks, structures and Improvements where said private wvay
is to be constructed and across the same, as it may from time to time elect; and in case o1 any change at any time
in the arrangement, construction or plan of the Licensor's tracks, or in case of the construction of any buildings or
improvements by the Licensor, said private way shall be altered or entirely removed by the Licensee at the sole
cost and expense of the Licensee, in such manner as may he necessary to conform to the trucks, buildings or
Improvements of the Licensor as so changed, altered Or improved, and If the Licensee shall fail to do any of the
things in this paragraph enumerated, the Licensor may do or cause the same to be done at the cost of the Licensee.
8. The Licensee assumes the entire burden and duty of keeping the gates at said private way locked when
not in use, and the sole duty and burden of preventing the use of said private way by any persons, firms or corpora-
tions, other than those mentioned herein for whose benefit said private way Is licensed; and assumes all liability
for damage to or destruction of property, injury to or the death of persons resulting from the use of said private
way by persons other than those for whose benefit said private way is licensed, or resulting from the failure on the
part of the Licensee to keep the gates closed and locked and the said private way and all of its appurtenances in
safe condition.
0. The I.icensee shall at all times protect, indemnify and save harmless the Licensor from any and all claims,
demands, judgments, cost, expenses, and all damage of every kind and nature mode. rendered or incurred by or in
hehalf o . any person or corporation whatsoever, in any manner due to or arising out of any injury to or death of
any person, or damage to property of any person or persons whomsoever, including the parties hereto and their
officers, families, servants and employees, in any manner arising from or growing out of the construction, main-
tenance, operation, repair, extension, renewal, existence, use or removal of said private tvay, or the failure to prop-
erly construct. operate. maintain, renew or remove the same, and from all costs and expenses, including attorneys'
fees connected in anywise with the matters and things contained in this agreement. Neither the right of supervision
by the Licensor of the location, installation, operation and the maintenance of said private way, nor the exercise
or failure to exercise said right, nor the approval or failure to disapprove, by the Licensor of the location, installation,
operation and maintenance of said private way, nor the election of the Licensor to construct or reconstruct the whole
nr any part or to repair said private way, shall be deemed a waiver of the obligations of the Licensee contained in this
paragraph or a release therefrom, or from any other obligation of this agreement resting upon said Licensee that is
hereinbefore or hereinafter expressed or implied.
10. If the Licensee shall fail to locate, construct, operate, repair, extend, renew or remove said private way
in accordance with the terms of this agreement and to the entire satifaction of the Licensor, or shall fail to pay
to the Licensor any sum of money for the construction, repair, extension, renewal or removal of said private way,
or shall fail to adjust the said private way to any changes made by the Licensor, or shall in any respect fail to keep
and perform any of the conditions, stipulations, covenants and provisions of this agreement to be kept and performed
by the said Licensee, this agreement shall at the option of the licensor be void and of no effect; and this license
shall cease and the licensor shall have the right to remove said private way and restore the right of way and
premises of the Licensor at any time thereafter at the sole expense of the Licensee. Any forfeiture hereunder may
he claimed by the Licensor without notice to the Licensee. Any notice herein provided for shall he sufficiently given
and delivered if mailed in an envelope properly stamped and addressed to the Licensee at the last known post office
address, or if no address is known, at the post office nearest to the place where the said private way is located.
I1. Non -user of such private way for the purpose for which It was originally constructed. continuing nt any
time for the period of one year, shall constitute art abandonment of this license. Unless so abandoned or terminated,
r
1
r
as hereinabove or hereinafter provided, this license and agreement shall remain In full force and effect until termi-
nated by written notice given by either party to the other party not less than sixty days In advance of the date of such
termination; but it Is understood that if at any time the mainenance and operation of said private way shall be incon-
sistent with the use by the Licensor, of the right of way for railroad purposes, this license shall immediately cease
ipso facto.
12. Within thirty days after the termination of this agreement howsoever, the Licensee, at Licensee's sole expense,
shall, if the Licensor so desires the Licensee to do, remove the said private way (including all approaches, planking,
gates, and all other structures constructed In connection with said private way) and restore the premises of the
Licensor, including all right-of-way fences, to a condition which will be satisfactory to the Licensor, and it the Licensee
fails so to do. the Licensor may do such work of removal and restoration at the expense of the Licensee. In the event
of the removal of the private way as in this section provided, the Licensor shall not be liable to the Licensee for the
damage sustained by Licensee for or on account of such removeal, and such removal shall not prejudice or impair
any right of action for damages or otherwise which the Licensor may have against the Licensee.
13. See Section 13 attached hereto and hereby 'made a part hereof.
14. The covenants, stipulations and conditions of this agreement shall extend to and be binding upon the
Licensor, its successors and assigns, and shall extend to and be binding upon the Licensee and the heirs, administrators,
executors, successors and assigns of the Licensee (as the context may admit), and the term "Licensee" used herein
shall be held to include such persons, copartnerships or corporations as are mentioned herein as of the second part.
The Licensee shall not assign this license or any interest therein directly or indirectly, nor InCumber the same
without the written consent of the Licensor first had and obtained.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed the day and year
first hereinabove written. r,
I ATTES•
T:
1
1
c�
Secretary
THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY, Licensor
By —�� 1/7?/
Chief En eer
WHITE & SONS CONSTRUCTION, INC.
President
I..
II
I
11
11
II
11
11
11
11
1
1
1
1
1
Section 13. For the further protection of the Railroad Company,
the Licensee, before any work is begun, agrees to procure and maintain
at Licensee's own expense, in a company acceptable to the Railroad Company,
Comprehensive General Liability Insurance in minimum limits of $500,000 for
one person; $1,000,000 for one accident for bodily injury, and $500,00 for
property damage, which policy shall specifically insure the liability
assumed by the Licensee under Section 9 of this agreement. Licensee
shall furnish the Railroad Company Certificates of Insurance, in duplicate,
evidencing such insurance to be in full force and effect and that the same
will not be cancelled without at least thirty (30) days' advance written
notice by Insurance Company to the Railroad Company's Insurance Department,
P. 0. Box 5482, Denver, Colorado, 80217, and in addition to other informa-
tion, contain the following language:
Notwithstanding anything contained therein to the
contrary, policy hereinabove referred to is extended
to specifically insure liability assumed by WRITE &
SONS CONSTRUCTION, INC. under Section 9 of an Agree-
ment dated October 8, 1981 with THE DENVER AND RIO
GRANDE WESTERN RAILROAD COMPANY, covering use of
Railroad Company's property at or about Mile Post
387 + 1432 feet, near Rifle, Colorado.
1
TO GRD. ,cJCT.
■
N
1
1
0
Tract #3
Tract *-4
A
. 4-
u)
Tract *5
•
W. Deed No.2798 James R. Moss ,,
ro, D AJfr ?-+�-
/zsfa// 3Z;Poe d Xend F/. l}.' .
s.r,alr'crJ.lfi 98frs
•
-4't.
a dA'. 6. Com. R. K. Co. 1 : �,{J
A /e J Co /o. . .%.-�y .a
:11 `,',.t
Ger-lie/o/ CoU/7/y
License to 11..41'
CiJf-//TE & SGA S CONJTRUCT/OA/, /.VC.1 _ h
_sca/e "= /Do "
coNTRI-OrNO`.1,,Al°6:6.-.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
w
1
EXHIBIT 4
DEEDS OF PREDECESSORS IN TITLE
I•M 1.1. 1141
ts
ill lU
Book
Ptteo
388 88 Recorded t.:'" OO.. _ebleek.. P. _M........i,2F.9t.emb_e _.26.._./962--
-- am" me. ).1.9°&:) .. Cham.B.Hwa.OZWAs._........_>fe,wd.r.
Tins DR1mi, blade We 2nd dace Attgvat .M67.
tato*"-•-I.D' IIOOINS, aka ram DAVID 1QoaIXB; aka
D. BIGGINS ---
of the
Colorado, .f Ib. fit pCae tr d Garfield sad 1111"..441111"..44art, end
- MARVIR L; WPM and COMA I1lEiR ROPPOR •�-.
•d the Comb.f Garfield gad Stab
.,f erdorado, of dm Head put:
wrrlr688E IL that the told party .ft the !Int part, for and In eonaldl ration of tbo sum of
'tan Dol' end other good and ralttmbl/ oonsideratians aiNdrtRS
and Albs geed valuable eondderetru te t,o add patty .t the filet put 4 hand pald kyr Ib. uld pria of the
..rend put, eta t whereat to loreby e.etured and aelmeelearad, lea mead. bargained, *old and eoaeq.d,
and by thou anoints dna greet, tetras* sett Slaver ed coeflrin unto the veld
noire end of .wooed part, theit
aaaleas form,, bot 4. tweet b.aateoa bat fa Met tease.,, all tb. following etnR described lot ■ or
Gamed a of rod, situate, Iytae and bier 4 W Count, of Garfield and that.
,f 1 olorado, 4e wile: That part of the following described tracts of land lying South
of the Denver and Rio Grande Mattern Railroad: Beginning at the NII corner of the
Stith, Sec. 17, Tp. 6 8., R. 93 M., 6th P.N. known as Corner No. 1; thence S.
1027 feet to Corner No. 2; thence Masterly 838 feet and 5 inches along the North
line of right of may of Willcox Canal to Corner No. 3; thence N. 1287 feet 6 in-
ches to Corner No. ; thence W..8o0 feet 9 taches to Corner No. 1,the place of
beginning, excepting therefrom the railroad right..of-w3', containing 20 acres,
more or less; Also, that part of the following described tract
�K South of
the Deaver and Rio Grandecrii
i
Beginning at a feint ehemee the Mirth 1/4 earner of Seo. 17, Tp. 6 S., R. 93 W.,
6th P.M., bears M. 29'38' N.1719.5 feet; thsnoi S. 0'4' L. 1304 fest; thence N. 85'11'
IIPPI L. 578 feet; hence M. 1255 Mt; thence S. 89'49' M. 580 feet to the point of
beginning. eootaiaing 17.03 acres, more or loss,ss the right of ray of the
Denver and Rio Oland. Western Railroad and the he;ly one-half of the right -
of -ray of tb. Willcox Ditch, both now is place a truct.d; Less that portion
of the abate MeeribeM teastme34--to-4.1 .-Ma1ey-aod Anita 1.. Raley. a tract of parcel
of Land in Section 17, Ty. 6 S., R. 93 M., 6th P.M., more particularly described
in Document 1b. 154112.
MING STAMP
Also I/2 of 1 cubic foot of water per *,coed of time out of the Pioneer Ditch
tatting water from Rifle Creel, together with all ditch and ditch rights.
There i. ved440 grantor, during his natural life, one-half the mineral
ane ..neral rights, including all and gag, 1n or under the lands hereby conveyed.
•
,17."'•41!.. • '41.;
bp.
ar7
J
to...1,W at 2 : :,• „,i, te i.. M. )1.71rell ;•:: i , i '): 7
Itereltion No. ! •'. '.....' ..'4.144.!K'"4•2-1:1
tf:-:.:_--.:: ...77: .1- -.........-. - ---...-... -....- ......................----- — - -- . -
Till• I» Li). v, i” 11.i,t"%ii ..2.9t.h (lay ,4 M it .:ii ..
. '
a.k.l. IRVIN DAVID
K1JINS, a.k.a. IRVIN D. KIGMS,
of Ha,
Garfie:Ad ,State(1 r,i ot 114of
fir,t port, tool
MARVIN L. HOPPER and CORA IRENE HOPPER
of tho
CmmlY,d Garfield
colertlo, of thi.a,aqui part
nail State of
WITNEN ET11, Tlitifthe said port of tbe first part; for fool roasideratiel, .! I;
TEN DOLLARS AND OTHElt,..VAIUAHLE2CONSIDERATION
tone tuba part y • of Uie fitait pin in hand patd by the niaiit,partii9. i,f ; •, •
hereof ai hereby confessed ItUd'It..koowledged. 1 a S reu1ko.1, reloo- 7
eloimed, and by pro.,:enk •fit es naiiise, release. • 1.• ; •
the see0o.1 pt. , their hour's .11141 a.,101.flos forovor. 11,4 too'y ..gohloo1.! 0
right, i r.fst, claim Ma demand which tlo •aid parry of the r.:
followitvg dett. 1, 1 It or' varool of land :Allah.. lying in
(!toitity f C rfield totti,State uf 10 wit:
Beginning at a point 4hence,the North'1/4 corner Section 17,
6 S., R. 93 W., 6th P.M., bears N. 16°13' W. 2919.5 feet; tht:,-.
S. 85°12' W. 138 feet; then 00 N. 67°15 W.262.9 feet; thence :-
43°39' W. 114.7 feet .thence N. 75°46' W. 316.9 feet; thence
45°25' W. 61 feet; thence g. 0°01' W. 370 feet; thence 3. 71 .;
E. 32 feet; thence S. 47°42' E....409.6 feet; thence S.
267.7 feet; thence S. 69°13' E. 185.8 feet; theh-e N. ! .
81 feet; thence N. 573 feet to the point of beginning, cont.,In!
9.32 acres, more or less, less the southerly right of way 1:'
Willcox Canal, as now in place and constructed, more ex -
Together with all improvements thereon situate or belongti..; :
to and likewise together with all ditches, waters, pri(r/t
and ditch and water rights pertaining or belonging el
with the lands above described, or used thereupon fo ixr•
and domestic purpobes. '
TO IIANT \\I) TO MILD tho some, totlether will. all
••r in voyuow thereinto 31.0.11ilinitw. and all
'1 1,or or the •ttiairfy.f the first port, ...flog. to Itm
r,7:tt pnit.th,11' tinr l.t 1r(ver-nnt 111-trlitnity itt ..o»nt.,u tog
, ;TN EsS wit ERE' 'I.'. The said port y of th, first part lia'S
1 ..,‘ the thy Reit ,i•nt• 1.r.1 tii.”v‘• 11,11.C....
,• .1.1 opl Pt.tnurt.,1 in the 1.1 ..o....., ot '....>
T. D. KIGC:INt,,
IRVIN DAVID KIi1G1'.. ,
IIRVIN D. _KIGG1N'
sl.V11,
Co,,!y Garfield
•
, ;•---,
,1,-, i:,:r 1.,!tittliolt UR, ,t, tot,m ItAlgett beior, 1, tfii, 19th .1»,„ ,
1..69 ,ti I.D. KIGGINS, a.k.a. IRVIN DAVID KIGcINs,
IRVIN D. KIGGINS.
. ,
J AllYty,Sitlittrit.i. vinr..5.-1 7
'77' k- ,..7,74.VVVii0laUV 111111,1 Ulld OfCcial soak.
.. •
. ,‘,..:1 '1, A FO. • t.1% . ,
: CI r 114' i
.r....610. (• ..- . ..
, / t• .
' \ -..L,t.--"'"" .e'..,. • • ( , . .
1.: '-'•t P ti B 1... 441F,IS• .•=:- .:L•'-' • .:.-..'".4;!:...7.41.:7.' - ' ---7.-*•'r -t• . - - .. 14....
• 't. -•,-. ...tor aistf,..,%'.c.4'........"''`. 2..i...;:r:::," :Liti,:.;,41:.:*1 ',s,:.7 3r,-:,.,,, -, - '
•s.,:P).1,...,.: - ik— . - ,_ • •• -
?
1.0 0 1,6 ' '• : . , 4 :::' Iti': ' ''' --.. :' t"ii'''
.
- __ _ ...
-............ .....—
l'1.414 1.11). -To n. , 1.2;
, •
•
t's • • •
1
1
1
1
1
1
1
1
bp.
*4,1,
o ote.
•
J
th,conhA st..2t32 NI, L. March 24. s 1969 Bor
idIP •
R„.1.,11,„ No. 242995 ••• Chsg r:e.egrirt, .1, ,
llus DE/AL 31ai,t1s 19th day of March
" I. DNIGGINS, ajc--..a. IRVIN DAVID
, a.k.a. IRVIN D. KIGGIAS;
r"1":' Garfie Ld ' •Stlite of
' • " part, andFtvi; .
1..1 HOPPER and CORA LIMNS HOPPER'
County 1,1 Gar f ield tool State of
• • t
tLIARS. AND OTHER VALUABLE CONSIDERATION
• •• i • rpm!. Thor Hie_.i .; ))..rt. i ' -of the find part. for fool,.
o, •
• 1 :,
..,....,,i •
t•
• • ,,,..! p.,ri y of tht first part in hand paid by the hofd Part ''. 00' - ' • '
1., t ..by ....1.114464.11 and erhnowleilgetl. Ili's.; ,,, remised, rekesed ,,1!
es :iethise, refease,'eoll, eontey' awl quit eloh:
.; ‘• ,,,,. , ! p,r, thcbr bvirs ,ml am/1ms forvvvi, 41,4, in Leon,my in (•oharnon but
rho, claim li t 01 den)111.1 which the lid petty of the fir,t port !•., I;
county of G rf ield ,ald State 44 col.,,,,w00 *it:'
)
r”11,ming .1.., 1,lot or 1 pan•iii of landate, lyIngn
uiid being in t
he
. ,• • .
Jeginning at a point-wh:
e CehAetNorth 1/4 corner Section
.., . ......t ...,..._
6 S., R. 93 W., 6th P.14.6 Dearer,N. 16°131 Wi 2919.5 feet •
S. 85°12! W.138 feet; the#0' ,,..67°15' W.262.9 feet; LI,
43°3'Wy 114.7 feet', tone* 046., W. 316.9 feet;
45°25' Wi 61. feet; then0•,14:,,370 feet; thence.. ;7
E. 32 feettilhehee A11,421 .6:foetithence s.
267.7 -feetr theibete,*;'11 8 Ieet; thence N. F••
81 feetr-thenA.''573-i'
int of beginnir:
).32 acres, more or les.e.a$'t1j'eodtherly right (•• •,,
willcox Canal, aS now in place -arid Constructed, more
1,.wther with all improvements thereon situate or bi,':,,i, ...
And likewise together with all ditches, waters,n
ahl •Litch and water rights pertaining or belonging i•.! •
.,31n the lands above described, 'r used thereupon far ir•
dc.veJtic purpobes. ... , •., •. •
HAVE .1\1) 1(1 1101.11 the **r t....gethel-;.with all and
• • •.iflg(.r ilt4111.%1V1S1` tberentmo'niityl!.t,hing, and , •
‘• 1 th, )461 pert %, of One DIA pa, (Aber in 1* , •
•.it 1,art, their tirrrz-11111717,t1112toreft*utlii--tmunte-rm roily ••••t to • •
1". •,1•:••••••• WIIEREMP rite saill part y of the first part 1Li
{lilt '0'11! t doily 01111 •tir fiat alankh "tt•t
41.• • • t •
• 411,1 1)11•41n." tt 1,1•10 pr,sohoe of
D. 'RIGGNS , t. k.
IRVIN DAVID KItC.IN,
IXOYINITATXICGINS
• •••,:, •••
I Ai 1: el
riquit of. Garfield •1 *
Nur., thin .19th tiny (.: s;),
.6V I.D. KIGGINS, a.k.a.,IRV/N DAVID-KIGGINS,
IRVIN D. IGGINS.
• • ;Ite..414.014....hmexpire4.-..5-') 7 f;....)
• • -
tom.] , •.;
u 0,
.
•
.....
of
*62. oi /I L41,1 1460 ...TY lo.ni n.ni.o, itmit;rsi 1 2 1 • '
a
.0
1
1
1
1
1
1
1
1
1
1
1
1
1
brit 5'78 r:tES21
� �j<oo'dock ��RF� RECORDER
Recorded at __,.t+-".^9"�'j'IIORED /J.
Rets tion No _`r, J.
PL,e
�Z 7 ao
\ r spiv
►'�-- D,-;r+h
IN THE DISTRICT COURT
IN AND FOR THE COUNTY OF GARFIELD•
STATE OF COLORADO
Civil Action No. 81CV113
MARVIN L. HOPPER and CORA IRENE HOPPER,
Plaintiffs,
By..
vs.
THOMAS B. SKELTONRANDLE; )
DAVID
A. SKES D.
E. EAKINS; T. NC}�ARD: )
SAKI.RCE: THOMAS E. BLA )
DAV1D E. p£p. O. A. EATON: )
C. L. W.
J. T.
HERWICK; CARL MUNSON; p'NEAI•% )
GJEORGE
SHERMAN O'NEAL; ORA 'NEAL;MULLEN:
GEORGE M. HOWARD; C. M. DONELL; )
SEELEY: GRACE )
CHARLES R. STELLA H. DUNN; ES E. COLLINS;C7AL IN )
I.J.OLSEN KATE M. OWENS; J LUCIE ELL; )
I.J. C.
FRED N. ANDERSON;HOWARD: )
IDA C. WAMKEV% ANNA M. ROBERT D.
M V. RAYNARD:RIE ANDERSON; )
RAYI�ARD: )
AtiD}.RSON; 1GG1 CHARLES R. SEELEY;
S. W. EVA M. 2ASTROW; )
MARY
J . EELE?IRVIN KWM. R.
WILLCOX;
G RY J. SEELEY; WM. E NATIONAL HANK in )
THE FIRST personal represen- )
GLENN L. JunctiZASTROon,
; as p
Colorado, ZASTROW; THE )
Grand Jonction, GLENN L. ration
WILLC of the EstateOMof )
Y:ILLCOX CANAL COMPANY. a Colorado corporation )
THE
THE MUNROrecto MERC. CO.. )
and its last known Board of Directors;
MUNRO MERCANTILE COMPANY;
I tD VALLEY own Board
Df STRICT, )
a Corporation and its last known o
last known DISTRICT,
)
Directors; THE GRA )
Corporation and its WHO CLAS )
AND ALL UNKNOWN PERSONS
a public ER OF THIS )
of Directors; THE SUBJECT MATT )
ANY INTEREST IN Defendants.
ACTION,
)
)
)
)
)
1981,
attorney, John L.
wholly in default
hearing.
the Defendants, and
at this h that
appearing to the Court ns in
And it aPP regularly served with summons of them.
each haVe been duly and rov
law, which said service
tied action as provided by and all of said
the above entitled and that -each
is hereby approved and confirmed, failed to
appear within the time allowed by
rated herein, having
except as hereafter s and it furter
Defendants, law, or at all;
be filed an Affidavit as
appearing that Plaintiff has caused to "Soldiers'
the Defendants under the
the military service of and that,
to i940,• as amended;
and Sailors' Civil Relief Act of
THIS MATTER coming on for hearing this 6th
on Plaintiffs' Complaint, said Plaintiffs
Kemp, and all but one of said
and none of said Defendants h
JUS
AND
DECREE
day of August.
appearing by their
Defendants now being
aving appeared
1
1
1
1
1
1
1
1
1
1
1
appointed attorney
Wilson was duly
Ronald M all of the Defendants
pursuant to this Act, an and
the interests of y period
represent and protect times within a
to who were at any
named and unknown, wh° aro now,
herein, both hereof, or
days prior to the date Ronald
of thirty (30) Y
States, and tha said
service of the United
in the military their behalf.
an Answer herein on and pro -
as filed the files, records M. Wilson h examined
having r�i,�ular and in
And the Court same
cause, and having found the tiffs'
this c of Ylnin
pro-
ceedings in in Support
due form, and having heard testimony
Complaint, and being fully advised in the premises.
DOTH FIND:
1. That this an action in rem'
is a proceeding known as to
and that the Court has
complete jurisdiction o a11 the parties
the subject matter hereof; the pefen-
suit and of
the and interests of any (30)
2, That the rights period of thirty or may have been within a p States,
are now, of the United
dants who service
in the military the entry
days prior hereto, in any manner by
will not be jeopardized or prejudiced
herein; h int herein are
of the judgment h the Comp
That the allegations of roof presented
3' evidence and P
fully established by the e or
true and are
or those who claim by
the Plaintiffs', cn6ion of the
to this court: that posseare the owners of and in actual p
through them, Complaint; said Comp that the above named
as .All Unknown
real estate described in designated
and each of them, and those This Action'.
Subject Matter of
Defendants, s, in the
Persons Who Claim Any
Interest stated, have no right,
and all of them, exCept as hereafter any part
and each said real estato�
or
title, interest or estste in or to
or lien thereon; the Court a
thereof, has been filed withshe has
4. That there all�gin9 that
a
the Defendant, Eva M. Zastrow and
Answer b to all of tho oil, gas
pro se Ans Y in and
interest d property: and
o undivided one-half the above descries
on or under it is not their
other minerals in, the record that
have stipulated on or quiet
the Plaintiffs ha Action to afrect, alter,
desire or intention by this
-2-
l
1
1
1
1
1
1
1
1
1
1
i
Iv --1( 578 r't823
in themselves the title to any of the oil, gas or other mineral
rights in, on or under the described property, but only to quiet
their title to the surface rights to the described property;
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the
Court:
FIRST: That the Plaintiffs, or those who claim by or
through them, are the owners in fee simply and in possession of
the following described real estate and other propertY situate
in the County of Garfield, State of Colorado, to -wit:
A parcel of land lying south of the Denver and Rio Grande
F
Western Railroad in Section 17, Township 6 South, 4n
93 West of the 6th P.M. being more fully described as
follows:
Beginning at a point on the southerly right of way line
of the Denver and Rio Grande Western
Railroad
ad (as indics indicated
by a fence line intersection in place)
Quarter Corner of said Section Tp.17,,2357.41
f
6 6. SS.. , R. 93 W. W. of
e
the 6th P.M. bears N. 36'ul'24"
S. 88°24'00" W. 1388.00 feet along said southerly right of
way to a fence line intersection; thence S.
thence'4'00" W. 00"
393.00 feet along a fence line in P Sto a point1 on
W. 1070.00 feet along a fence line in place
the northerly ence alonger saidne of meanderelineotheoRiver followingethree
courses:
320.24 feet; thence S. 53'05'42"
courses: S. 69thence
50" E.
E. 295.19 feet; thence S. 66'30'.10" E. 336.30 feet to a
point being the intersection of the current meander line
with the westerly most boundary of the parcel of land
described in Document No. 175932 of then e ecordofs os f Garfield
County, Colorado; thence along P
y
boundary of said propertY described in Document No. 175932
the following seven courses:
N. 0'23'00" W. 1130.54 feet;
thence N. 89'37'00" E. 31.00 feet;
thence N. 0'23'00" W. 38.80 feet;
thence N.84°47'00" E. 546.56 feet;
thence N. 11'54'00" E. 64.97 feet;
thence N. 90'00'00" E. 22.00 feet; beginning. N. 0'32'00" W. 640.00 feet to the point of beg g.
SECOND: That the above named Defendants, and those
designated as "All Unknown Persons Who Claim any Interest in the
Subject Matter of This Action," and each and all of them, have no
right, title, interest or estate in and to the said real estate,
or any part thereof, or any lien thereon.
THIRD: That the fee simple—title and possession of
Plaintiffs, or those who claim by or through them, in and to said
real estate and other property be, and the same hereby is, forever
settled and quieted in Plaintiffs, or those who claim by or through
them, as against all claims and demands in law and in equity by any
and all of said Defendants, and each of them, and those claiming
by or under any of them.
-3-
f
mane
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Recorded•t - `,=' (I[�k 7,..1, w1�(7 ��S�EP� _ 3/1981 �_-,.
R..r.pu„n No s ) 1 �'NI )J /%/' 1.fi. __ Ree .;der. ..... ...
THIsDEED, Idadet., 15th day of January
19 81 ,between
MARVIN L. HOPPER and CORA IRENE HOPPER
of the county„( Garfield and State of
Colorado, of the first part, and
RICHARD E. WHITE and ATTA DEE WHITE
whr.r.legal..fdr..s.s 1801 West 2nd Street, Rifle, 'Co 81650
SEP 31981
2 Ti
of the County of Garfield and State nfColur.do, of the second part:
W ITNESSETH. th.t the .aid part IBS of the f,r.t part. far and in nn•tderatan of the sum of ------------
TEN DOLLARS and other good and valuable coasld,ration- XAMMXXI.
to the said pan les of the first pan to hand pad by the said parties of the second part, the receipt whereof u
hereby confessed and ...know 'edged, h. ve Kra/Red, bargained. sold and conveyed, .nd by these presents do
grant. bargain. Felt. convey and confirm unto the said parties of the second part. their heirs .nd assyrns forever,
not in tenancy in common but in yomt tenancy..21 the following dercnhed lot or parcel of land. situate.
lying and being to the County of Garfield and State of Colorado, to aft:
A parcel of land lying south of the Denver and Rio Grande
Western Railroad in Section 17, Township 6 South, Range
93 West of the 6th P.H. being more fully described as follows:
Beginning at a point on the southerly right of way line of
the Denver and Rio Grande Western Railroad (as indicated by
a fence line intersection in place) whence the North Quarter
Corner of said Section 17, Tp. 6 S., R. 93 W. of the 6th P.M.
b, -ars N. 36°01'24" W., 2357.41 feet; thence S. 88'24'00" W.
1388.00 feet along said southerly right of way to a fence line
intersection; thence S. 1°54'00" W. 393.00 feet along a fence
line in place; thence S. 2'13'00" W. 1070.00 feet along a
fence line in place to a point on the northerly meander line
of the Colorado River (February 1981); thence along said meander
:ine the following three courses: S. 69°46'50" E. 320.24 feet;
thence S. 53°05'42" E. 295.19 feet; thence S. 66'30'10" E.
336.30 feet to a point being the intersection of the current meander
line with the westerly most boundary of the parcel of land described
in Document No. 175932 of the records of Garfield County, Colorado;
thence along a portion of the westerly boundary of said property
described in Document No. 175932 the following seven courses:
N. 0'23'00" W. 1130.54 feet;
thence N. 89'37'00" E. 31.00 feet;
thence N. 0'23'00" W. 38.80 feet;
thence N. 84'47'00" E. 546.56 feet;
thence N. 11'54'00" E. 64.97 feet;
thence N. 90'00'00" E. 22.00 feet;
thence N. 0'32'00" W. 640.00 feet to the point of beginning.
Also t, of 1 cubic foot of water per second of time out of the Pioneer
Ditch, together with all ditch and water rights connected therewith
and together with all well water and well rights appurtenant to the
described property.
XXX 176itsQi]L••2Xx VIII10C't CLltLar
Ttx.rrH,'R with all .nd •,ngular the h.n.ln.m.nta and appun en.nre, th.reuntn t»longing. or ,n anywu. •pper-
t.,n ng..nd the r.ver•,.,n and rotrr•o.n.. r.mainder .nd r.m.,nd.r., rent.. ,.sun and profits theten(, and .11 the
e.t.t. ng6t. title. interest.. lain and d.m.nd rha..+.rr of 1M ..,,1 pan t e S of the first part. rtth.r in I.w or .gutty,
of. ,n .nd to the .I,ov. l..rguned premise, with U.. her..hl.mrnt• and .ppurt en.nc...
\. 760 a ...... .n111. I . 1.44 °'..., .,.... r...... ,.,_...... 1.e,.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
TO I(.6t"F. AM/ TO HIPI.D the .aid premum slime bargained and descrrhed. Perth the appurtenances, unto the said
parties of the second part. their heirs and r.agms forever. And the .aid part SC 6 of the find part. for them-
covrnant. grant. barg►un and agree to and with the
,rive S,[ht•Sfrrrrs, ex ecu t. re, and administrators. do resents.
said penis, of the second part! [!seer hemp and apo,gn.. that at the time of the ♦nseslrng and delivery of [heat p
they • are will prised of t)e prem..rs atro.e ion. r)rd. a• of good. sure, perfect. ab salute and indefruible estate
of mhonLncr in law, in fir snn pie, and Gave good right..full power and lawful authnnty to Lranl, bargain, sell and
convey the same in mariner and form aforesaid, and that the same are free and clear from all former and other grants,
bargains. sales. 1Lens,tases, assrr.mrnts and incumbrances of whatever kind or nature...1.r. Excepting,
however, 1981 general property taxes and special assessments due and payable in
.1982; United States patent reservations and exceptions of record; easements and
rights of way of a public or private nature of record; prior mineral reservations,
1f any, of record.
and the above bargained premises in the quirt and peaceable possession of the said parties of the second part. their heirs
and &spurns. against all and every person or persons lawfully claiming or to claim the whole or any part thereof. the said
part ies of the first part shall and will WARRANT AND FOREVER DEFEND. and
IN M'IT•ESS WHEREOF. the said part les of the first part he ve hereunto set their hand s
seal 9 the day and year first above written.
Signed. Sealed and Delivered in the Presence of
CORA IRENE HOPPER
)SEAL)
`•-
♦C
• '' ••."/TATE OF COLORADO.
A � as
'•:•r).1I,rf(Y Countyof Garfield
�`fKk fdreguragInstrument was acknowledged before methu.
yfl cit.. y1N L. HOPPER.
- - , �IT eomro(r�ton 2:porn My Commission Expires Jury 1, 1S
(O,.r,
,19
SEAL]
(SEAL)
day of ? 'refe-
W mtne.s my hand and official seal
STATE OF NEW MEXICO )
) es.
COUNTY OF Sierra • 14th -3a
The foregoing in<trtmlent wastilcM.,
�(edge& 4Sfart''me"kMls y
of August , 1981 by CORA IREFE HOPPER.
Witness my hand and official seal.
My commisetlon expires:
12-11-84
•
OrrILI•,L SEAL
CAT;.._ CASP.iS
!C[,TAAY iL"_ Hifi n1LXIC')
lino K1
' 7
a
4,i //t/. c n
' c
t
Zee
Notary Public
9 E
c
•
r
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
EXHIBIT 5
SCHEDULE OF ADJACENT LAND OWNERS
AND MINERAL OWNERS
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
OWNERS WITHIN 200 FEET OF THE CENTRAL AGGREGATES PROPERTY
The Denver and Rio Grand Western Railroad
1700 Farnam Street, Floor 10
Omaha, Nebraska 68102
Etcyl and Myrtle Degase
Box 248
Rifle, Colorado 81650
Francesca Real Estate Corporation
Attn: Beau King
Box 130172
Houston, Texas 77219
Scott W. and Linda Sue Brynildson
1831 Railroad Ave.
Rifle, Colorado 81650
City of Rifle
Box 1908
Rifle, Colorado 81650
Nicholas W. Goluba, Jr.
Box 931
Glenwood Springs, Colorado 81602
Clyde R. Dechert
8044 N. U.S. Highway 87
Fredericksburg, Texas 78624
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
EXHIBIT 6
SOIL TYPES AND CHARACTERISTICS
FROM USDA SOIL AND CONSERVATION SERVICE
N
1/(' 10000 Feet
1
3 Kilometers
USDA SOIL TYPES
PAGE 1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
EXHIBIT 7
LETTER TO RIFLE FIRE PROTECTION DISTRICT
1
1
1
1
1
1
1
1
1
D., 0 co cn m 0-o o 0 -i- w o -m •i5;
-m -1CO o co v° 3 °o' cSi'7 o -lo 0 0. C.D.
'� m w
•0-O co m m m o m 0 CL aw m s-7 0�am NI. 7' W m 3 m o c 3 o.-< c c c -
ti!IiU
ci 0 •. m rocs o w (n m N o o.a 5) (P `� w co • n3 w o ACL-Z•5,co 'ja ° . aD
' _ m �� oo _�.� n a m .3? n"
c m �, CD m ro aN• o �D 2 w 3 �_� c a' owcn ?V5'� a°a'
v, c ?w w m a, 5 aw m roz� m w 3 5'0 0 ..� ° m u, m m w_? '�' o
�ncn (n C'.m o !$ ao < _ m •w SS� m u, ° o
= s„,n• ;ao_7 g.0 a m m- 3 a`c o a° �, m ,..$ ..0 m m u' CD 8< m n 5-O m p a c v, N� 0� • 3
w w o w 3
(7)- co c ":3 acn w c x� o a 3 m °--._.° ?w 5 CT) g 0,w �a-I,< c(0 1
"O 0 o a O 7 7 - 7• Cp iv ' '.. m- O N a c0 m < co O U, 3 m ro w co
w w 0.. CD ro n, 3a) mocw3 nromv,�no.5• �m 0w emu'
0 a ro m Q ro iv 7 U) r' Ul ro A) C' ° o = ca �. �. n < . U) 0. O
- m F' U7 �' -o CD (n (D Al cn UJ 0 O O (n co (D �• 7 5' p R7 row _ -
- w o w (/) S 3 cn m cri ro :� a� c c �� a m o �� ro�'��� ecu < CD --rn
c7.�ro CC) CD ro(i�roo a).ww< -.w n7- �� CD CO o
5'* 3 w o w a w a cD o 0 m w w 5-w =° 3 ro m w w 3 -13
6�� o� o m w o v`�i�yll n in a� o aocn a' �� Q� o m w m cn�
r. meow -iso (n-"�,'�c�� cao< ihli coro �?ao �mm oom w_uI e o c m o(n n. m 7a_w ((�(n o a°'
a,'�m w n m n acn '3 v, �oco� m m7� D°' ° 3 �w ac'cooowoc �' ro cm_0cawmiv• o3 -3.F owN.� �, ro a�wo <'rn°avu)o w cnw ro 3� w ro s (oou, o - �m m
0 0� 0 m_m w sv cn 3 w w w o'0 0) 3 0 m ao?fin
ro0 j ro -0 - in Q. cn S 0- a) m S 0 �- C a, w .p a) m -0 m �. O =-
0) w 0 ,�,.• W w {U w m m ro .-. N ro 0 n = U) m m_ _ 3( m v,
3 m--,.� n_o iii =..•.0 m n au' cmn n� �� o c w m CD
CD iv 0 w o) N cn o.. C uwi - (n CO u) -- 0 C0 w S n (o n m C ro CD
QTR o N C. '11" w iv' o :3 a m 5.w �.o n in-. o� m m ?c� ('w'c'a m7
j
i
cw cn w m(vT7 w-iwww(ncn o w c00 w n a e
D ro 0 0 O o)-0 7 S ro 7 < W _ °' O S 0 0 0 C ro C m 0 0>=,`'..,.0F,,,2.0, _
�c o a� �o am w e -i-7 �3 c w sa0-uu) m ,.„M
m m m 0 crown o w m C M nio am c co `� o m ro 01
ca m 0 m m m a0 m m° 9'v o 3 v)'w o m w m m ��� o o -� 5 ro m 3 Flo
CD cn n a) ••< c w °, a; aa °' w 7"n 3 m o° s -o o m° o a ao5'm� m coo �.o
0.O� 5.w o.cx, aa) n -N c• n nm m ro rano w 0_ -, oco .(wi, m'm °'waw 3 w c-, m 7 w 0 • �° m o w in
(n O(nw w o o)�,mo mvv, n a)< owo wawa -4 na c
m m a < a) m c �4. m 7 m c ami < ^_' ani o w 3° 0 3 �m(n < ro w (n'17 °<
m< aw, C7 0-v a=c� ° a * w w m o w �� 3 w E. m n' 2 o m
m 5 �, u) 3 (wn c) °o - co m 0 w 2_, 5--o5-, 3< m w ao, c m oma' m m a
• cn co c� S a) 7 0 oy . a C* m O ro m m m m �, 5 m CD
. O c=p w m U, 0 7 0 0 0 3 Fs)) O A, !C/, "O (D iv w n, (wn (D m w n° - c O c0 O
'wDro v 7. Q. O a m (n w. T Cj (co CD � cr S N v j a Vt Vi a m O w ro .� -. a) 0 7 j O m v 0) Q=* m
wo?� <� •m °)w moo__ •Dov,w<�m-. -0.a.:
_. 00 '.vm' o-om°;
ooi7o
-cn m r. J m o m as o m O Ci) u' o ^.�,� o ... w w m v, �m n m �7 0-
mmw a. ,C) ooawcn•wm3 <ro.00mcaa'-o.(0wromO-wo c m<ow.<
w O(n0 O w m G7 ,-. 0 w 0 N .O. a 0 < = 7 O ? U) <D a' o n' a 7 ro 0
CTN ro 3 w aj CD m 0-� a� c> 771
CD m m U)`�. m° 3 v`•< m `�° o w u7 (D cm
w • N 3 27.1
��� C •
D
(wn iv - O' 0
ca) 0- 0 - O N =T ° co d Oro (SD O 7 (D n m a Vf (SD a =. O 5.
<?m`�Cw (<°rom0CDo- 0 a' -o mo �m ccncocnawcmmo.. 3ro3a omw3o-
< w o' O a m (n d 0 Q S o N m -- Q O
g ?� a� ��� cn� �i c o o i `� o w aa3-' 5 E: -.C.:;)(%), o <_o < w a n sn
0 a- a c- 7J:!::
o (n v C1 '� a= m �. m- ^_ ai w O w -' o a, row.-
o <3o L_ 0 (nota C) awoc (.0 Di cn3w3 o.c- a
O a] -, d ,< ? N N a Cn O n C m 3 O m 3 o N w (0 (D 0 :....-Z- -0 m
F:),-,. 0-=0 o -' ro iD X-0 0 S o'< w -w w 3-, a w -i fa) 1--'''
a� O 3.
�� �. 0 o N o m io CD 5. w o o waw o 0 m m(0 .- m F•o o.m o m' n
uu,3 m�7n3 oL�
ro mo m � m c�w m7a" - c < a) m o - 5.(n'o 3 5'0(0 1a5'a) m < �u, a
w°a<m�ma��a_A-i� �m 3 ��te'°mm
c ro c m v, � -( ?gym o(n a° �
.4
w
O. m 0 3? 0 Q 0 5 Q w Oro `< v 7. 7 w 7 „ n. a (� -0 o =••"•(<D Q (roD O . 7? 7 C co,wQ w 0_ ch -0 7' v CDSD_D 7- O N= I
wcm5' mc°' c-� a'ro (nw_• on,•ovonm� �m 0611 -0 oma- w m w four
�� m n w n�-m m �� maw) � � m o in'� �' -�.av o _�� �cn Q° �Da �.c�•� �o,� � �� m ?D.
mok m.
.ro T- 0 0 0 (On) _ OD C CM CO
u,• o m o m S= 3. v, ?r u, m
romwm�'< °70°m=(nm•m *coo: Er cm5 ° g( �moas T1 H 0s •
a)<�w,� '
�< 5 Win° ro 00(00 a. w w m o� w 3 �w (a m ro am m 5•?w
Il) m
1ij—
a mD5 (n ro wu'� m w (HhIH
aa o m° 5. m :=,.•� w m GC u, c o w �' o w.m� am iv cr �n?,ro m o un = Lowivu,3••o m m5'm _1eo,mm 0.a
C o m _ 0 -m u, o`o m m 0-m w * o-0 (n 5:- jaQ m -I--15 �'c� 00. w co w (° a3
C7 O C 7 _�. (a �' w cn w '- v' ro CD p m O 3 w m-° O C O m a, c m ow --
w� 3 cD o, DJ o n w o m (n m �•ro ca o I2,) IT) m ro 5� m 3;-w aam-..
w a3 ..
0 o' m (D O O O ro a O w a O (w^D w O' w N' 3 N Q U)' w co (e) co o C co 0' w N P' S U) N 5. 0 0 m m 'O Cil a W'.
m o a O 3 S 7 m .7 O (n a O C j (f7] C°_ (wn -• C ro w CD o co w _a)= c m 5• cn =.. -8 A 3 ::: O i
cas o o cnm mm �, 0 3(nw co
croi a�.-c w� o(n cn w 3 o ac u' 0c m mom',' v`� c a��o c w �'.� (n oo S�sa3 -Im��m mwm w nw . C w On, N < wwSU, ° o _< a cn N0 (D
n, - _ 5 n -w F m o o 5a) u' 0 w w o e s^�n.o 0.< Ca) w aa) 3 c o j:...) 0.0 0 3 0° < N
CO `< a U) C -. m U, O C m Q' w m v, 3 w C �• w 0 5 -,„ Cr 0*
0 vac 3 aw 3 0-o 0 (cn w aw 5• < 5 3 o v,'c`� o- �, 3CO au' u' (n c) _E)- m o
Q �' o a o° as ?= ro m° w ro� m �.w ate' w w v,'Qo m co -3 0 (°o •
•
�w o (<0 5'acn' m °�' _.9 Q') nm n o �o°aosw o m o° w w.o aw w c c m m men rn
CL mm(n(n(n��- w am m ncno(D�(Dmo mmo maTow oA1o�a��(
n.. r. T -.-
cm C7,...o.,
-.-._
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
THOMAS W. STUVER
RUSSELL GEORGE
MELODY D. MASSIH
DANIEL D. LEMOINE
STUVER & GEORGE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. O. BOX 907
RIFLE, COLORADO 81650
March 15, 2000
RIFLE FIRE PROTECTION DISTRICT
P. O. Box 1133
Rifle, CO 81650
TELEPHONE 970 - 625-1887
FAX 970 - 625-4448
RE: CENTRAL AGGREGATES SUBDIVISION EXEMPTION PETITION
Enclosed is a copy of a proposed Petition for Exemption, with accompanying sketch map and vicinity
map. Would you please provide your written statement concerning availability of fire protection
services and any safety concerns to the undersigned and to the Garfield County Planning Department
at your earliest convenience.
Thank you for your anticipated cooperation. Should you require any additional information, please
do not hesitate to contact my office.
Very truly yours,
STUVER & GEORGE, P.C.
✓Z
-Thomas W. Stuver
Enclosures