HomeMy WebLinkAbout1.0 Application• •
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as
amended, and the Subdivision Regulations of Garfield County, Colorado,
adopted April 23, 1984 Section 2:20.49, the undersigned',
respectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to exempt by
Resolution the division ofIP0-t acre tract of land into / tracts of
approximately i- 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 30-28-101 (10) (a) - (d) and the Garfield County
Subdivision Regulations for the reasons stated below:
r 4-7) a=' Pok 7' , .�
y
salt • e_ f e±lit �:2 �=
SUBMITTAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with
all the following information.
A. Sketch map at a minimum scale of 1"=200' showing the legal
description of the property, dimension and area of all lots or
separate interests to be created, access to a public
right-of-way, and any proposed easements for drainage,
irrigation, access or utilities;
B. Vicinity map at a minimum scale of 1"-2000' showing the general
topographic and geographic relation of the proposed exemption to
the surrounding area within two (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 the 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 characteristics of each type; and
F. 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
G. If connection to a community or municipal water or sewer system
is proposed, a letter from the governing body stating a
willingness to serve; and
H. Narrative explaining why exemption is being requested; and
I. It shall be demonstrated that the parcel existed as described on
January 1, 1973 or the parcel as it exists presently is one of
not more than three parcels created from a larger parcel as it
existed on January 1, 1973.
J. A $108_00 fee must be submitted
Petitioner
Jaz
Mallin' Adress
i ecu s /4
Cit State
'L VS?
Telephone Number
• •
EXEMPTION
APPLICABILITY
The Board of. County Commissioners has the discretionary power to 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 must satisfy, at a minimum, all of the 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:G0 of the 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 to the four
(4) lot, parcel, interest or dwelling unit limitation otherwise
applicable;
B. All Garfield County zoning requirements will be met; and
C. All lots created will have legal access to 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 to serve each proposed lot; and
E . All state and local environmental health and safety 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
I. School fees, taxes and special assessments have been paid.
(The School Impact Fee is $200.00 for each new lot created).
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms
provided by the Garfield County 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 request for
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 time and
place of the Board of County Commissioners meeting at which the
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 to 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 the 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 set forth in
the minutes of the meeting or in a written resolution. An applicant
denied exemption shall follow the subdivision procedure in these
Regulations.
DATE:
TIME:
•
RECORD OF CONVERSATION
FILE: ‘.),A45 5i3, S�
OUTGOING: V
INCOMING:
CONTACT: ,kk JAM S
COMMENTS : /"r5: Pfryi iN 0{4 �: 'kJ eft ltot-k Air-4.1.AKI vw.
d irvivi*Km- -) . On2c et,,,• 6 y l c..4n,t-de, 41 01.e,2 frmwGi 4
oN %. ' w s c I F mv44-41,ed AzitA4,d (iil-0-- vri 4-k to -rd -PIA) vi 044 frrlielA Irs . S Jam'
II
cke, „wci ‘cded. rktcry Avs f,lmt 4„A-- Gam.. g nil
FURTHER ACTION REQUIRED:
SIGNED:
1-tik
• •
New Castle, Colorado
May 13, 1986
Board of County Commissioners of Garfield County, Colorado
109 8th St.
Glenwood Springs, Colorado
Gentlemen:
Re the enclosed petition for exemption on property of Bill and
Helen Davis at New Castle, Colorado, we are enclosing map showing
legal description, topographic map, copy of deed, names and address of
adjoining land owners, with no other owners within 200 ft. of proposed
exemtpion, and a check for $100.00
Alan and Diane Allen, who desire the home site have commitments
from town of New Castle for water supply and fire protection, but we
do not have a copy of the commitments, but will have them to you if
the exemption is allowed. They have made arrangements for the road
to the house site and the easement will be included in the survey of
the property.
The land we are requesting exemption for is a mesa above the
Coryell ditch, which we irrigate out of. Since it is above the ditch
it cannot be irrigated without pumping, it has never been farmed and
irrigated, so might as well be a home site.
In regard to Item I on the petition, there are 3 homes and one
building site on the property as it was on January 1, 1973. Two homes
and one home site belong to our three children, whose land it partly
was, anyway, so we consider that we have created only one parcel other
than as it existed on January 1, 1973, other than family owners. The
only parcel that took any pasture land is the one we sold to Darrel
and Joan Bond. The other parcels, including this request for exemption
is on land that was not suitable even for pasture.
We appreciate your consideration for this exemption.
Respectfully submitted,
Bill and Helen Davis
(
80.44 'i
1
•
59>6„/4
\ ,r
1 1'
;/,
8
71
17_:
•
5899
6952
l�•
1
•!'; 2
v,27 1
I/ L ;?)
,
glut-/�
( 7681$
J
•
•
7'
i.y. ts • ‘1,.1,.14,111.4sH. ;5"..:.1\17,,:;
•
r7.7. -----7,...-;:—.\T ,e/
•
1-1
569
0
5600
32 r
•
•
thfi
17
5,00
t..
k.C,
Recorded at. _17 o'clock I • M., ')eP1; e fill) e 1',
-
1'971 Book 423'
Fag() 15
Reception No 1 U 0 Lila.._%ite apiaf'ma.4 Recorder.
THIS DEED, Made this 21st
1971 , between
WESLEY STAYTON
day of May
of the County of Garfield
Colorado, of the first part, and
BILL DAVIS and HELEN MARIE DAVIS
and State of
RECORDER'S STAMP
s.2
L9cc
r
J
SEP 2 2
of the County of Garfield and State of Colorado, of the second part:
WITNESSETH, that the said part y of the first part, for and in consideration of the sum of
TEN DOLLARS and other good and valuable consideration Tharuats,
to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these presents do es
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot S or parcel of land, situate, lying and
being in the County of Garfield and State of Colorado, to wit:
An undivided one-half of the following lands and waters rights:
Lots 1, 2, and 3 in Section 30, Township 5 South, Range 90 West
of the 6th P.M., except the property conveyed out by Document No.
190776.
Together with all ditch and water rights belonging to or used upo
or in connection with any of the above-described property and par-
ticularly, but not limited to, an undivided one-half interest of
Roberson in and to the Coryell Ditch No. 11 and 1.7 c.f.s out of
Priority No. 27 in Water District No. 39 in the Decree of the Dis-
trict Court of Garfield County, Colorado; together with an undivide
one-fourth interest in and to all minerals and mineral rights in sa
lands.
Excepting and reserving to the grantor herein a life estate in
the house and that portion of the garage adjoining presently. occu-
pied by grantor together with a life estate in the grantor for the
area surrounding said buildings not to exceed one acre; together
with a life estate in and to a right of ingress and egress to said
improvements. Said improvements are located in a portion of Lot
3, Section 30 and the right of ingress and egress shall be limited
to said Lot 3.
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 y of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 768. WARRANTY DEED—To Joint Tenants.—Bradford Publishing Company, 1824 Stout Street, Denver, Colorado —8-69
Send future tax statements to:
ro-69
0 w
o° '4
x 0
0
01
O
'Oay2I0'I00 IO aLvSS
O
11
t.:1
O
03 N
0
H U1
Vi t : R•'
tri
tl
an}mgu 'uopasodsoo gong 30 mango sow so ;u.p}osd asp re .stool to so mill*
QOM 30 ocasa .tarn{ na; 'no};osodsoo jo sao}jjo tq n :uo};d}sosap so d;pvdga saq;o so ;avj-u{-Ransows 'so;naa:a n uowtod jo outgo ;soon{ aaq;
yovj oNtotttoni so so 1{}ovdvo vp j;o so .apo1uasasdas u} *ono* suoasad tq j : wmvs so nava ;soon{ osoq s000sod 10 aossod {vsn;tre Lq 33 •
istatppo
pus pueq Stu
I w pa Sup
sseultM 61
iko
v
/
�saaldxa uotsatutuzoa 't j ! �,:
stn; enc aaoaaq pa2paimouaias sum;uauzna;sut 2u1o2aao; agjj. ,C
.LIQ. .`cl,Zts....z...' 5aM
•Ss I
PT O T;1 O 30 &unO3
'OCIv IO'I00 3O H•LV,LS
;0 aauasaaa eq; uc pa.zaetiaa pus papas 'pau2ts
•ua;;rant aeogs ;sal; asaL pus Sup eq; Teas
pus pueq s TLj has o;unaaaq s ug laud ;sat; eq; ;o gland piss aq; '30H?IHHM SSHN,LIM NI
•aNHd2Q HaAad03 Q1dv J1NV2DiVM Iitnt pus hugs ;mud ;sat; a0[ ;0 A ;.tud ppm eq;
•;oaaaq; laud .Sus .10 atogm aq; uu tis o3 at) 2ututp3ia thin;mgt suosaad ao uosaad daaea pus IIs ;sup tt 'su2lssu pus cam
lion 'wad puooas aq; ;o sal;and plus aq; ;o uotssassod eigeaauad pus ;alnb eq; ulsastucaad pauts2asq aeogs aq; pus
ZL6T LIT enp sox TL6T q.deoxe 'aaeaos
'man;su .to pupa .tang;8qm jo saausaquznaut pus s;uaucssassu 'sale; 'malt 'sum `sup2asq 's;usa2 aaq;o pus aatuao; lis
tuoa; alma pus aaa; ass autos alp ;ug; pus 'ptusaaope ouzo; pus aauusuc uI etuus aq; Le uoa pun Has 'uls2asq';umz2 o;
S;Iaog;nu in;ntui puu aamod lin; '41121. pool s ug pus 'aiduns ea; tit 'mel ul aouu;taaqut ;o a;u;sa eigtssa;eput pus
e;niosqu 'looped 'sans 'pool ;o ss 'pa6aeuoo aeogs saspuaad aq; ;o paztas met ST sq. 's;uasaad esaq; ;o
Saaetiap pus 2uquasua aq; ;o auzl; sin is Imp `su2lssu pun salmi alai; 'laud puooas eq; ;o sagged piss oq; q;Int pus
o; aaa2u puu ut32auq ';uua2 ';uuuaeoa se op 'sao;salsputuzpu pus 'saolnaaxa 'sataq s-ru '; Ias IUTLI
.Io; 'laud leak aq; pa A laud plus ail pod 'ganga*; su2lssu pus salaq ataq; 'laud puooas aq; ;o sat;aud plus
eq;'o;un 'saauuua;anddu aq; glint `pagtaasap puu pautu2auq aeogs sastuzaad plus eq;
MOH O.L aNV HAV' OZ
9T aSpd
�Z fi )fooJ
eroducers 0B—Revised
Colorodo - Utah (U)
(10-59)
ElfIL AND GAS LEASE -i/
15th____ day of August
THIS AGREEMENT, mode and entered into this____—_-_
Bill Davis and He'_len Marie Davis. husband and wife
,Tui al 7/ ('`5.
, 1985 , by and between
of 930 245 Road, New Castles CG 8104.7 , hereinafter called lessor (whether one or more), and
Lawrence M. Wert of1600 Broadway, Denver, CO 8020reinaffer called lessee;
A --10.00+
WITNESSETH: that.lessor, for and in consideration of
ten and more DOLLARS (S )
in hand paid, receipt of which is hereby ocknowledged, and of the ogreements of lessee hereinafter
plinafteryet forth, hehlrond grant ,rrxihods,, leas s and lets
exclusively unto said lessee the lands hereinafter described for the purpose of prospecting, ng b
operating for and producing oil or gas, or both, including, but not as o limitation, cosinghead gas, cosingheod gasoline( gas -condensate ((distillate) and
any substance, whether similar or dissimilar, produced in a gaseous state, together with the right to construct and maintain pipe lines, telephone and elec-
tric lines, tanks, powers, ponds, roadways, -pants, equipment, and structures thereon to produce, sove and take core of said oil and gas, and the exclusive
right to inject air, gas, water, brine and other fluids from ony source into the subsurface strata and any and all other rights and privileges necessary,orin-
n-
cident to, or convenient for the economical operation. of said land, alone or conjointly with neighboring land, for the production, saving and taking
oil and gas and the injection of air, gas, water, brine, and other fluids into the subsurface strata, sold lands being situated in the County of
Garfield , state of Colorado , and being described os follows, to -wit:
Township 5 South, Range
ection 30: Lots 1, 2,
conveyed out by Document
90 West, 6th P.M.-
3, except that parcel
No. 190776, and
corrected in Document No
. 294763.
of Section XX , Township XX , Range XX , it being the purpose and intent of lessor to, lease, .aond lessor does hereby
lease, all of the lands or interests in lands owned by lessor which odjoin the lands above described or which lie in the section or sections herein specified.
119.28
For all purposes of this lease, said lands shall be deemed to contain acres. five
Subject to the other provisions herein contained, this lease shall remain in force for a term of ticrigilS) years from this.dote (herein called "primary
term") and -as long thereofter os oil and gas, or either of them, is produced from the above described land or drilling operationsare continuously prosecuted
as hereinafter provided. "Drilling operctions" includes operations for the drillino of a new well, the reworking, deepening or plugging bock of a well or
hole or other operations conducted in an effort to obtain or re-establish production of oil or gas; and drilling operations shall be considered to be "con-
tinuously prosecuted" if not more than 60 Boys shall elapse between the completion or abandonment of one well or hole and the commencement of drilling
operations on another well or hole. If, at the expiration of the primary term of this lease, oil or gas is not being produced from the above described lond
but lessee is then engaged in drilling operations, this lease shall continue in force so long os drilling operations ore continuously prosecuted; and if produc-
tion of oil or gas results from any such drilling operations, this lease shall continue in force 5o long os oil or gos shall be produced. If, after the expirotion
of the primary term of this lease, production from the above described land should cense, this lease shall not terminate if lessee is then prosecuting drilling
operations, or within 60 days after each such cessation of production commences drilling operations, and this lease sholl remoin in force so long os such
operations are continuously prosecuted, and if production results therefrom, then as long thereafter os oil or gas is produced from the obove described lond.
In consideration of the premises, lessee covenants and ogrees;
1st. To deliver, free of cost, to lessor at the wells,. or to the credit of lessor in the pipeline to which the wells may be connected, the equal one-eighth
port all oil and other the marketliquid pice atdtrheawell forrns r�ched ond soved •from oil and other liquidthe leased hydrocarbo s oflikegradelessee's
ond gravity prevailtion; to ingto-
on the dor Ysuch oil and
ether liquid hydrocarbons are run from the lease stock tanks.
2:+d. To pay lessor one-eighth (1/e) of the proceeds received by lessee at the well for all gos (including all substances contained in such gos) produced
from the lensed premises and sold by lessee; if such gos is used by lessee off the leased premises or used by lessee for the manufacture of cosingheod
gosoline or other products, to poy to lessor one-eighth (1/4) of the prevailing morket price at the web for the gas so used.
If no well be commenced on said lond on or before one year from the dote hereof, this lease sholl. (except os otherwise pro-
vided in this paragraph) terminate, unless Lessee (or someone in his behalf), on or before such dote, shall poy or tender to lessor, or to lessor's credit in the
First National • Bonk at Glenwood Springs, CO 81601
(which bank and its successors shalt continue as the depository regardless of changes rn the ownership of said land or of the right to receive rentals), the
sum of
One Hundred Nineteen and 2�i/J OO DOLLARS ($ 119.28 ), which shall
operate os o rental and cover the privilege of deferring the commencement of a well for 12 months from said dote. In like manner and upon like pay-
ments or tenders, the commencement of a well may be further deferred for like periods of the sorne number of months successively during the primary term
hereof. All payments or tenders moy be mode by cosh, check or draft, mailed or ,!elivered on or before the rentol dote, and the depositing of such cosh,
check or draft in ony post office, addressed to the depository bank or lessor (ort his :ost known oddress as shown by lessee's records) on or before the rentol
dote, shall be deemed poyment o, tender as herein provided. Notwithstanding the death of lessor, payment or tender of rentols to such deceased or to his
credit in the manner provided herein shall be binding on the heirs; devisees, executors, odministrotors and personal representatives of lessor and his succes-
sors in interest. If lessee sholl, on or before ony rental dote, make a bona fide attempt to poy or deposit rentol to a lessor entitled thereto under this
lease according to lessee's records or to a lessor who, prior to such attempted payment or deposit, hos given lessee notice, in occordonce with the terms of
this lease hereinafter set forth, of his right to receive rental, and it such payment or deposit shall be erroneous ih any regard (whether deposited in the
wrong depository,onpoidt to persons tother than such lessor hthe ental prparties tled operlyhereto as payable forawn theby lessee's ental periodnvol ed,nbutcthis clease shallor be otherwise),
ntoined lessee shall the some
unconditionally lpay
manner os if such erroneous rental payment or deposit hod been properly mode, provided that the erroneous rental payment or deposit be corrected within
30 Boys after receipt by lessee of written notice from such lessor of such error occomponied by ony documents and other evidence necessary to enable
lessee to make proper payment. The consideration first recited herein, the down payment, covers not only the privilege granted to the dote when soid first
rental is poyoble as aforesaid, but also lessee's option of extending that period as aforesaid, and any and all other rights conferred.
Should the first web drilled on the obove described land be completed os o dry hole, then, and in that event, i1 o second web is not commenced .on
said land within 12 months from the expiration of the last rental period for which rental hos been paid (it being understood thot for the purpose of this
porograph the' period of time extending from the. dote of this leose to the first rentol dote shall be considered as a rental period for which rental has
been poid), this lease shall terminate os to both parties, unless lessee on or before the expiration of said 12 months shall resume the poyment of rentols
in the some amount and in the some manner as hereinbefore provided. Upon resumption of the poyment of rentols, as above provided, the lost preceding
paragraph hereof, governing the payment of rentols and the effect thereof, shall continue in force just as though there hod been no interruption in rental
payments.
If a well capable of producing gas or gas and gas -condensate in paying quontities located on the leased premises (or on ocreoge pooled or consolidated
with all or o portion of the lensed premises into a unit for the drilling or operatics of such wee) is at ony time shut in and no gos or gas -condensate therefrom
is sold or used offr the premises or for manufacture
and thiof s lease will continue.iiinne or other ucts, force during hless all ofuch thestimein well or timeshall whileesuch weld) isbe o soshutvin,lon the
wheter
leased premises producing gos in paying quantities
before or otter the expiration of the primary term hereof. Lessee shall use reasonable diligence to morket gos or gos and gos-condensate capable of being
produced from such shut-in well but shall be under no obligation to market such products under terms, conditions or circumstances which, in Lessee's judg-
ment exercised in good faith, ore unsatisfactory. Lessee shall be obligated to poy or tender to lessor within 45 days after the expiration of eoch period of
one year in length (annual period) during which such well is so shut in, os royalty, an amount equal to the annual delay rentol herein provided applica-
ble to the interest of lessor in acreage embroced in this lease as of the end of such annual period, or, if this leose does not provide for any delay rentol
then the sum of $50.00; provided that, if gos or gos-condensate from such well is sold or used as aforesaid before the end of any such annual period, or if
at the end of any such onnuol period, this lease is being maintained in force and effect otherwise than by reason of such shut-in wen, lessee shall not be
obligated to pay or tender, for that particular annual period, said sum of money. Such poyment shall be deemed a royalty under all provisions of this
leose. Such poyment may be mode or tendered to lessor or to lessor's credit in the depository bonk above designated. Royalty ownership as of the lost day
of eoch such annual period as shown by lessee's records shall govern the determination of the party or parties entitled to receive such poyment.
If lessor owns o less interest in the land covered by this lease than the entire and undivided fee simple mineral estate therein, then whether or not
such less interest is referred to or described herein, all rentols and royalties herein provided shall be paid lessor only in the proportion which his interest
bears to the whole and undivided mineral fee.
If the estate of either party hereto is assigned or sublet, and the privilege of assigning or subletting in whole or in port is expressly allowed, the ex-
press and implied covenants hereof shall extend to the sublessees, successors and ossigns of the parties; and in the event of on assignment or subletting
by lessee, lessee sholl be relieved and dischorged as to the leasehold rights so ossigned or sublet from any liability to lessor thereafter accruing upon any
of the covenants or conditions of this lease, either express or implied. No chonge in the ownership of the land, rentals or royolties, however accomplished,
shall operate to enlorge the obligations or diminish the rights of lessee or require separate meosuring or installotion of separate tanks by lessee. Notwith-
standing any actuol or constructive knowledge of or notice to lessee, no change in the ownership of said land or of the right to receive rentals or royalties
hereunder, or of any interest therein, whether by reason of death, conveyance or any other matter, shall be binding on lessee (except at lessee's option in
ony porticulor cose) until 90 doys after lessee hos been furnished written notice thereof, and the supporting information hereinafter referred to, by
the party claiming os a result of such change in ownership or interest. Such notice shall be supported by originol or certified copies of all documents and
other instruments or proceedings necessary in lessee's opinion to establish the ownership of the cloiming porty. If this lease is ossigned or sublet insofar
os it covers only o port of the acreage embraced in the leosed premises, the delay rentols hereinoboveprovided for sholl be apportioned to the separate ports,
rateably according to the surface ocreoge of eoch, and failure of the leasehold owner or sublessee of ony separote port of the above described lands to
make a rental payment with respect to such port shall in no event operate to terminate or affect this leose insotor os it covers ony other port thereof.
Lessee may, of ony time, execute and deliver to lessor or place of record o release covering all or any port of the ocreoge embroced in the leased
premises or covering ony one or more zones, formations or depths underlying oil or ony part of such ocreuge, and thereupon shall be relieved of all obli-
gations
in only o}e part of the acreagesemb aced in the acreage,ct to the lesednpremises, tthereafteions or rthes delay,ed rentals hereinobove provided such releose. In tof a release of this lease as to all
for shall be reduced proportionately
on on acreage bosis.
Lessee shall have the right to unitize all or any port of the above described lands with other lands in the some general area by entering into o unit
agreement setting forth a plon of development or operation approved by the Secretary of the Interior, or other officer or representative of the United
States having authority to opprove such unit agreements, and, from time _to time, with like approval, to modify, change or terminate any such ogreement.
In ony of such events, the terms, conditions and provisions of this lease shall be deemed modified to conform to the terms, conditions and provision of
such approved unit agreement, and all drilling end development requirements of this lease, express or implied, shall be satisfied by compliance with the
drilling and development requirements of such agreement, and this leose shoil not terminate or expire during the life of such agreement. except os moy
be otherwise provided in said agreement. In the event thot said above described londs, or ony port thereof, shall hereafter -be operated under any such unit
ogreement whereby the production thereunder is allocated to different portions of the land covered by said agreement, then the production allocated to. any
porticulor tract of land pursuant to such ogreement shall, for the purpose of computing royalties, be regarded as having been produced from the particular
troct of lond to which It is allocated and not from any other tract of land and ony royolty payments on such production to be mode hereunder to lessor
shall be based solely upon the production so allocated. Nothing herein contoined shall authorize or effect any transfer of ony title to any leasehold, royalty
cr other interest unitized pursuant hereto. Lessee's execution of such unit opreement shall be binding os to both lessor and lessee and their respective
• •
Jyndad
w-- Npop,o
40 61'
A8
•03!;40 sly; ;o spJo3aJ ay; ;o
ir
•01 N2111132i 'ONIO J0D32! 11313V
aapaoaay A;unoD
a6od ;0 loos u! papJooaJ pu
Aop ay; uo FUODOJ Jo; pall; SOM ;uauJru;su! 5!410 .'
(6ulpaooab ;o o;ool;l4JW3) 'SSS
dO AINnOJ
3O 31VIS
'Wind AJD;ON
- :;0 6ulp!Sa l
:saJldxa uo!ss!wwoo Ayy
'Pas IDIO!;10 puo pu04 At" SS3NIIM
.awns ay; pa;noaxa uol;DJodJOD p!os joy; au, 03 pa6palMouSloo
----------- Nos puo sJo;oared ;0 pJoog s;! 40 uol;nlosaJ D ;o /4uoy;no Aq uol;DJodJoa Nos 40 ;l0yaq u! pau6ls SOPA ;uawnJ;su! Nos 404;
puo 'u0140JCdJOD D ' --- — — — -- — — 4.0 ;uap!saJd —
ay; s! at; ;Dy; ADs p!p 'UJOMS Alnp au; Aq 6ulaq oyM '
----------- au; alo;aq paloaddo Allouoslad ' —61 ' a V ' ;o Aop ay; u0
Nam— - opoao1oruo90aodao3) 'SS 5
.40 6u!plsa2i
3O AINno`D
30 31ViS
ollgnd AJo;oN :saJ!dxa uo!ss!wwoD Aw
-pas Iola!;;o pup puny Aw SS3NIIM •auros ay; pa;noaxa ay--- ;04; sow 04 pa6papMouvo Alnp oyM
';uawnJ;su! anogo ay; ;o Jau6ls ay; '
sow alo;aq paJDaddo AllouosJad '-------61 ''d •V •
(404n - opoao1o7—yonplw!Pul) 'SS j
10918
0D ' - dg ' uaTO r • aAV 1amIud Z08 :10 6ulplsaa
ollgnd Aao;oN
;o Aop — - ay; up
30 AINn00
AO 31VIS
8861 (Tr'aaU
:saildxa uolsslwwoa Aye
loos 1D101;;0 puo pUDy Atm SS3NIIM 'awos ay; pa;noaxa - •ay- - 304; au; 04 pa6paIMowlo0 Alnp oyM
';uawni;su! anogo ay; 10---glau6ls ay; '--------ariNi puEgsnu -1 sinsQ aT.rew uaTag pus sznuQ TTzg
alo;aq paJoaddo AllouosJad '— 61 '-4'V ' S 2ny 3o Aop y u�51 a u0
(qo;n - opoJolop—lonpulpul)
'SS
pia-61RO AO AlNfOO
op -eau -pp 10 31d1S
CS'S
sznuQ aTavN uaTag
C S'S
sznuQ TTzg
•41044!JM -OAOgo 3503 JoaA puo Aop a9; ;0 5D pa;nlaxa s!' asoal 514; 'IO3113HM SS3N11M NI
•awos 044 Ou!;noaxa sa!;Jod Jo A4Jod ay; U04:14-1 6u!pwq aq ssa10444anau I1o95 4! 'asoal 54; aJnaaxa ;ou
5,05501 so aAogo pawou 50!;,054 04; ;0 aloes Jo auo Auo pino4S •su6!sso puo 5Jossaln5 an!padsaJ .1'094 0; awa.a;aJ apnpu! 11045 aassaI puo 1o55a1 04 u!
-0104 0o4.4040011 'Su60ss0 puo Uos5a70115 en!;oadsat 0044 puo sa!;1od a(; uodn 6u!pu!q puo o; algoollddo aq 11 308)04; suo!s!AOJd Il0 puo 85001 5!4J
•005501 40 10J4410o a4; puoAaq AlgouosoaI 05000 1a43o Auo Jo pool; 'uOlso!dxe '0J1; 'aouO
-q.npslp HAp '04u4s 'po9 40 ;oo '4a)IJ0W 40 11001 '50!3!1!;s0t{ pauuo '10M '44044510 I03U0WW0A06 40 as!)Jaxa ayy 40 ;lnsa- '94 s! alnpo 4os 4! 05001 s!‘14 ;0
s4u0uanoo polIdui! 10 5U0!s1n0Jd ssa,dxa 094 40 Auo 4{!M Aldwoo 04 sunp03 ;o asn0oaq Jo '511044% JO Ilam o 40 6u!Jloda. 044 04 anp Jo ;uawdnlnba 3o uMoplloaJq o;
enp suo!;a0do 6u111up 40 Jo uo!;onpold 40 U0!40ss0) AJOJodwa; 0 40 0S00)0q 'sabOWOp 11! al(o!1 Play 50558) Jou 'Pod w Jo slo4M u! pa;Dulwla; aq ;ou 1104s
asoal s!(1 •suo!;oin6aJ puo salru 'stoop) to4uawwaAo6 'SMD) algooliddo 110.0; 4aalgn5 aq nous a.oal s!4; 30 s;uouanoo p0!1dw! puo sU0!s!AoJd ssaldxa fly
-asoal s!4; Japun Jossal anp awooaq Aow aol4M A1uow 30 54unowo Auo won; pa40npap
aq Aow Jossal Jo; aassal Aq 'pow s;uauUAod tons Auo pup '400,84; _sappy soap 40 54469 094 o; pa;o5wgns aq puo '1o5sa) Aq ;u8lu1od ;0 uno4ap ;o ;UaAa
041 w 'spool mos uo 00!! Ja4440 10 58x0; '8505410w Auo fossa) Jo; Aod 04 0011; Auo 40 446!J a(; wax{ 'logs aassa1 •4001044 uosoa1 Aq Jossal o; A;!0!go!1 Auo
Jnw! Jou 01n;!a3J04 Auo 1a/{ns ;ou hogs aassai ;req Agala44 paulo;qo aq Aow 50 5446! 43n5 aspiaxa puo puo) mos w 3501a;ul .Auo 6ulwlop A410d Auo 40
549611 'y; asoal Jo as04.110d Aow aessa, •p84045 05 ;sa.a;u! 04; 04 )00;!01!1 0q 11045 1400JJ0* s,Jcssal '8404sa lolau!w Jo 00 5104U0 044 uo4; ssa) aq 04 pa4045
AIsSaJdxa s! mom 1!4; Aq pa'OAoo 105541 30 450.104U! ay; 3! 30q 'p0q!losap u!a1a4 spool 09; 04 01;l; 04; pua4ap o; ssaJSo puo S;UOJJOM Agway Josses,
•spool mos uo sua;oJado s;! Aq pasno3 5doJo 6u!*ojb 04 5a5ou'op 10; Aod 11045 aa5sa, •P8;�l s! wog Jo
05000 tons 4014* uo *30;105 soy; 40 JODUO 84; ;0 4ua5uoa Ua44UM 09; 4004414A sastwaJd plus uo MOO 010(1 Jo 'snot{ Auo 0; ;aa; OOZ U044 JOJDOU p01111p 04
HENS 1141M ON •a30llns ay; u! 4ssoJ04ul uo Oulu*o Jossal 0 Aq pa;sanbai uayM saslwa1(3 pasoal ay; uo saJ!! ad!d u! 41dap Mold Mol0q AJnq 11045 vassal
micu40
bu A 54x0 o 'sodlnd s4; J peso 04 AJaul ow Jo ';uOWd!nba 'L HOAlas0J 5 d m; •saJulus "moo JO sob 0000 403 spool uolpru4usoolpc 541!;'00)4 0)
ldWa �P 'a+t1W ) °; W aqsp ' ;! 'rim; •pJrµ•JrtJ;s ;o soouow;ulow Jo uol;3ril;woo uol;0ao1
'4; 10; A;1od 104;0 Auo o; 105500 Aq p'suaoll Jo p0;u015 ';'l aq '0assal ;0 ;UaSUoo u044)JM 043 ;004;4* '!lays s's!w'Jd p's0►) ay; ;0 soo0p its a4; ;D ;1Dd oN
aw
•0ulso3 nou puo MOJp 04 ;4013 04; 0uipn)w! 'sas!waJd p1Os uo pao01d swn;xl; puo AJOu!400w�I0 0A05404w
0J o; 'l; Auo ;0 44541 044 '004 11041 gesso,
•,05551 30 SHWA. 013 10 11.40M Jda3xe uoa104p suo);01ado 5;! Jo; Iwo) p!os uo pa3npoJd 1a;o* puo sob l!0 '4503 30 001; 'esn o; 4454, 044 ano4 hogs 00550,
'IOAOJddO
40^5 10 px341013 s! 'a550) 10440 001!; 4)40405001 0 u!(;!M 1000DW DUDS 84; u! awos 04; 30 IoAOJddo 40 0340U 084411* 105504 SAYS 11045 puo spio)a' 5,08550)
Aq u*095 50 55aJppo u*ou,1 4501 5,30ssal 04 pow Aq 4uaulaaJ60 ;Pun (ons 40 Ado) 0 44!5 'ossa! 45!0103 ))0ys 'uo!;noaxa 4ons 6utMo)lo3 'aassa, T;sala;u!
KKBNA • •
Scarrow Walker
Incorporated
Consulting Engineers
Land Surveyors
'05
Gien�,,o SotIN^ C,IoradO 8'601
303 345 8664
vh�vt D ca ,
NI viol 5 ,rd 0, her: A
LEGAL DESCRIPTION
Parcel A
A parcel of land situated in part of Lot 2 and Lot 3 of Section 30,
Township 5 South, Range 90 West of the Sixth Principal Meridian,
County of Garfield, Colorado; said parcel being more particularly
described as follows:
Beginning at the West Quarter Corner of said Section 30, a
sandstone in place and properly marked; thence N.00°12'35"E.
309.81 feet along the Westerly line of said Section 30, to
the Southerly bank of an existing irrigation ditch; thence leaving
said Westerly line S.61°07'28"E. 55.72 feet along the Southerly
bank of said ditch; thence along the Southerly bank of said ditch
N.74°43'29"E. 60.06 feet; thence along the Southerly bank of said
ditch S.71°42'21"E. 98.08 feet; thence leaving the Southerly
bank of said ditch S.00°08'56"W. 580.41 feet to a point on the
centerline of an existing irrigation ditch; thence along said
centerline of said ditch N.74°46'29"W. 32.41 feet; thence along
said centerline of said ditch S.82°07'26"W. 141.01 feet; thence
along said centerline of said ditch S.36°45'33"W. 48.69 feet
to a point on the Westerly line of said Section 30; thence leaving
said centerline of said ditch N.00°05'47t'E. along the Westerly
line of said Section 30, 362.29 feet to the Point of Beginning,
containing 2.78 acres, more or less.
Together with the following described 20.00 foot access easement:
A strip of land being 20.00 feet in width, 10.00 feet either side
of the following described centerline:
Commencing at said West Quarter Corner of Section 30; thence S.06°
14'07"E. 1342.89 feet to a point on the Southerly line of said
Lot 3 of Section 30, the True Point of Beginning; thence N.00°
29'02"W. 267.79 feet; thence N.23°58'22"E. 105.63 feet; thence N.21°
09'40"E. 173.55 feet; thence N.57°23'58"E. 139.79 feet; thence N.45°
07'51"E. 287.84 feet; thence N.54°58'52"W. 269.93 feet; thence N.85°
02'21"W. 43.58 feet; thence N.48°09'14"W. 87.26 feet; thence N.74°
46'29"W. 43.46 feet to the Terminus (whence said West Quarter
Corner of Section 30 bears N.33°26'20"W. 362.04 feet).
September 3, 1980
KKBNA, INC.
1001 Grand Avenue
Glenwood Springs, CO 81601
KKBNA
Scerrowl Walker
Incorporated
Consulting Engineers
Land Surveyors
1001 Grand Avenue
Glenwood Springs Colorado 81601
303 945 8664
• •
Leroy E. Tobler Robert D. Scarrow
Martin S. Oldlord Robert A. Wamsley
LEGAL DESCRIPTION
Parcel B
2.87 Acre Parcel
A parcel of land situated in part of Lot 2 and Lot 3 of Section 30,
Township 5 South, Range 90 West of the Sixth Principal Meridian,
County of Garfield, State of Colorado; said parcel being more
particularly described as follows:
Commencing at the West Quarter Corner of said Section 30, a sand-
stone in place and properly marked; thence S.32°33'12"E. 370.71
feet to a point on the centerline of an existing irrigation ditch,
the True Point of Beginning; thence leaving said centerline of said
ditch N.00°08'56"E. 580.41 feet to a point on the Southerly bank
of an existing irrigation ditch; thence S.71°42'21"E. along said
Southerly bank 14.02 feet; thence S.19°53'01"E. along said Southerly
bank 155.24 feet; thence N.83°44'51"E. along said Southerly bank
65.56 feet; thence S.80°49'44"E. along said Southerly bank 66.05
feet; thence N.63°57'11"E. along said Southerly bank 57.28 feet;
thence leaving said Southerly bank of said ditch S.00°08'56"W.
485.95 feet to a point on the centerline of an existing irrigation
ditch; thence S.66°13'53"W. along said centerline 98.25 feet; thence
N.85°02'21"W. along said centerline 55.71 feet; thence N-.48°09'
14"W. along said centerline 88.23 feet; thence N.74°46'29"W. along
said centerline 38.40 feet to the True Point of Beginning,
containing 2.87 acres more or less.
Together with and subject to the following described 20.00 foot
access easement:
A strip of land being 20.00 feet in width, 10.00 feet either side
of the following described centerline:
Commencing at said West Quarter Corner of Section 30; thence S.06°
14'07"E. 1342.89 feet to a point on the Southerly line of said
Lot 3 of Section 30, the True Point of Beginning; thence N.00°
29'02"W. 267.79 feet; thence N.23°58'22"E. 105.63 feet; thence N.21°
09'40"E. 173.55 feet; thence N.57°23'58"E. 139.79 feet; thence N.45°
07'51"E. 287.84 feet; thence N.54°58'52"W. 269.93 feet; thence N.85°
02'21"W. 43.58 feet; thence N.48°09'14"W. 87.26 feet; thence N.74°
46'29"W. 43.46 feet to the Terminus (whence said West Quarter
Corner of Section 30 bears N.33°26'20"W. 362.04 feet).
September 3, 1980
KKBNA, INC.
10-01 Grand Avenue
Glenwood Springs, CO 81601
KKBNA
Scarrow/Walker
Incorporated
Consulting Engineers
Land Surveyors
1001 Grand Avenue
Glenwood Springs Colorado 81601
303 945 8664
• •
Leroy E. Toler Robert D. Scarrow
Martn S. Oldtord Rcbert A. Wamsley
LEGAL DESCRIPTION
Parcel C
6.07 ACRE PARCEL
A parcel of land situated in part of Lot 3 of Section 30, Township
5 South, Range 90 West of the Sixth Principal Meridian, County
of Garfield, State of Colorado; said parcel being more particular-
ly described as follows:
Commencing at the West Quarter Corner of said Section 30, a
sandstone in place and properly marked; thence S.41°43'24"E.
1140.46 feet to a point in an existing fence line, the True Point
of Beginning; thence leaving said fence line N.89°49'25"E. 565.40
feet to a point on the Easterly line of said Lot 3; thence S.00°
13'53"E. along said Easterly line 481.86 feet to the Southeast
Corner of said Lot 3; thence along the Southerly line of said
Lot 3 S.89°49'25"W. 532.73 feet to a point lying on an existing
fence line extended; thence leaving said Southerly line N.04°
06'35"W. along said extended line and said fence line 483.00 feet
to the True Point of Beginning, containing 6.07 acres, more or
less.
Together with the following described 20.00 foot access easement:
A strip of land being 20.00 feet in width, 10.00 feet either side
of the following described centerline:
Commencing at said West Quarter Corner of Section 30; thence
S.06°14'07"E. 1342.89 feet to a point on the Southerly line of
said Lot 3 of Section 30 the True Point of Beginning; thence
N.00°29'02"W. 267.79 feet; thence N.23°58'22"E. 105.63 feet;
thence N.21°09'40"E. 173.55 feet; thence N.57°23'58"E. 139.79
feet; thence N.45°07'51"E. 287.84 feet; thence S.63°23'19"E.
247.11 feet; thence S.37°16'06"W. 57.22 feet; thence S.04°06'
35"E. 164.96 feet to the Terminus (whence said West Quarter
Corner of Section 30 bears S.42°05'53"E. 1147.13 feet).
August 28, 1980
KKBNA, INC.
1001 Grand Avenue
Glenwood Springs, CO 81601
KKBNA
Scarrow; Walker
Incorporated
Consulting Engineers
Land Surveyors
1001 Grand Avenue
Glenwood Springs Colorado 81601
303 945 8664
• •
Leroy E. Tobler Robert D. Scarrow
Martin S. Oldford Robert A. Wamsley
LEGAL DESCRIPTION
Parcel D
2.80 ACRE PARCEL
A parcel of land situated in part of Lot 3 of Section 30, Township
5 South, Range 90 West of the Sixth Principal Meridian, County
of Garfield, State of Colorado, said parcel being more particular-
ly described as follows:
Commencing at the West Quarter Corner of said Section 30, a
sandstone in place and properly marked; thence S.41°43'24"E.
1140.46 feet to a point in an existing fence line; the True Point
of Beginning; thence N.04°06'35"W. along said fence line 168.04
feet; thence N.37°16'06"E. along said fence line 59.12 feet; thence
leaving said fence line N.89°49'25"E. 540.78 feet to a point
on the Easterly line of said Lot 3 of Section 30; thence S.00°
13'53"E. along said Easterly line 214.58 feet; thence leaving
said Easterly line S.89°49'25"W. 565.40 feet to the True Point
of Beginning, containing 2.80 acres, more or less.
Together with and subject to the following described 20.00
foot access easement:
A strip of land being 20.00 feet in width, 10.00 feet either side
of the following described centerline:
Commencing at said West Quarter Corner of Section 30; thence
S.06°14'07"E. 1342.89 feet to a point on the Southerly line of
said Lot 3 of Section 30, the True Point of Beginning; thence
N.00°29'02"W. 267.79 feet; thence N.23°58'22"E. 105.68 feet;
thence N.21°09'40"E. 173.55 feet; thence N.57°23'58"E. 139.79
feet; thence N.45°07'51"E. 287.84 feet; thence S.63°23'19"E.
247.11 feet; thence S.37°16'06"W. 57.22 feet; thence S.04°06'
35"E. 164.96 feet to the Terminus (whence said West Quarter Corner
of Section 30 bears S.42°05'53"E. 1147.13 feet).
August 28, 1980
KKBNA, INC.
1001 Grand Avenue
Glenwood Springs, CO 81601
The Garfield County Zoning Resolution shall be amended by
the addition of a new section, identified as Section 2.02.235,
which shall appear between Sections 2.02.23 and 2.02.237, and
which shall read as follows:
2.02.235 Extraction: See Section 2.02.31(1)
The Garfield County Zoning Resolution shall be amended by
the addition of a new section,
Sectionstiieas 2f02a235 andt2�02n ?24?.and,
which shall appear between
which shall read as follows:
2.02.237 Fabrication: See Section 2.02.31(3)
The Garfield County Zoning Resolution shall be amended by
the addition of a new section, identified as Section 2.02.365,
which shall appear between Sections 2.02.36 and 2.02.37, and
which shall read as follows:
2.02.365 Material handling: See Section 2.02.31(6)
The Garfield County Zoning Resolution shall be amended by
the addition of a new section, identified as Section 2.02.405,
which shall appear between Sections 2.02.40 and 2.02.41, and
shall read as follows: of structures
Commercial Park: A structure or a group
whose use shall be limited by special use permit to
specified uses involving sales or services and other-
wise permitted by right, conditional use, or by special
use within the zone district in which the structure
or group of structures is to be located.
The Garfield County Zoning Resolution shall be amended by
the addition of a new section, identified as Section 2.02.445,
which shall appear between Section 2.02.44 and 2.02.447, and
which shall read as follows:
2.02.445 Processing: See Section 2.02.31(2)
The Garfield County Zoning Resolution shall be amended by
the addition of a new section, identified as Section 2.02.447,
which shall appear between Sections 2.02.445 and 2.02.45, and
which shall read as follows:
2.02.447 Repair: See Section 2.02.31(5)
The Garfield County Zoning Resolution shall be amended by
the addition of a new section, identified as Section 2.02.495,
which shall appear between Sections 2.02.49 and 2.02.50, and
which shall read as follows:
2.02.495 Storage: See Section 2.02.31(4)
The term "public event" appearing in Sections 3.02.03, 3.10.01,
G.rfield County Zoning Resolution