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HomeMy WebLinkAbout1.0 Application• S1'ET CH PLAN l.i; S 2ction ~ ~ ,5 t= ~S ec t i o n 5 d. Site Da ta TD A {DU Ar e~s C oi?u~er cial and Industria l -----·------- E::dstin g Zone Distric t fite.-R.-0 Pr o;iose d Zo ne Distr ic t ~~~ SKET CH PLAN -------- -. _x_ __ ---~-x x x x x _ nd __ __x____ x .X Dat e Bounca ry su rvey X North arro w Vicinity ma p (1 .5 mil es on a ll s id e s ) T opogra phy Lot layout Lot area A ,../ Type an d layout of water system /J.r::),G;/dc~ ~ &.-1 ~ Type and la yout of sewe r system Off street parking not e d Schoo l bus stop locations Man-made f ea tures on the site Str ea ms a nd lake s Utility lines a n d easements , on and adjacent to the site Irri gation ditches Pr opose d an d e xisting ro a ds, inc luding R-0-W , o n an d ad j acen t to the site ( SLi?PLEME!\TAL n ;FOR.'1A1 ION _ _k_ ---~- ><~-­>< >< Geo l og y repo rt CS so ils roa11s and t ab l e s o f interpr e t ation Radjation hazar d evaluation Disclosure of Ownership Total deve l opmen t area Nu mb e r o f dwe lling units Water GD · LA) ·D ,i,J . S ou rce of d omes tic wate r ________ Evid en ce o f wate r right s ,-ia II gallons per day of ''a ter syst e m r e quir ement s Sewe r X Ge n e ral d ispos al means an d s ui ta bility --------n a iJgallons per day of sewage to be treated where a c e ntra l --~.o._----t r e at me n t or public facility is propose d l ega l a ccess Evid ence of E stimate d const ructi o n c osts a nd EJe thod of fin a ncing i mprov eme nts Fee $ Amo un t -'-------- ~--------------- RICHARD D . LAMM Governor JERIS A. DANIELSON State Engineer 818H OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 July 7, 1983 Mr. Mark L. Bean Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Bean: Re: Cache Creek Subdivision Section 32, T6S, R94W At your request, we have reviewed additional information submitted by T.V. Garel concerning the proposed Cache Creek subdivision. It is our under- standing that there are currently no permitted wells on the 35 acres and the applicant intends to divide the existing tract into three tracts. They appar- ently seek to share a well which would serve the three lots. Mr. Garel has brought in a contract with Colorado West Divide for 1.5216 acre-feet of exchange water per year. Our comments follow: 1. We have recently given conditional approval to the District's operat- ing plan. The applicants are in area A where we can issue well per- mits pursuant to a contract with the District. 2. The contract is currently between the developer and the District. Provisions should be made to turn the contract over to the ho meowners either as an association or individually. If the contract becomes the responsibility of an association, they should have the power to enforce individual compliance. 3. Lot purchasers should be mad aware that use of the wells is subject to payment of annual fees a other terms and conditions of the water allotment contracts. We recommend a covenant to this effect. The contract restricts each lot o an i rrigated area of lawn and garden equal to six thousand square feet. This restriction should be con- tained in the covenants. 5. We are unsure why a shared ell is being sought. If individual wells are sought, we could make p rmits available, but we will have to know which option the applicants choose. If the applicants choose the shared well, then it should be jointly owned by the three lot owners and located on an outlot. asements and an agreement for operation and maintenance should also be required. Mr. Mark L. Bean July 7, 1983 Page 2 6. Our water use and consumptive use f i gures vary somewhat from those prepared by Mr. Garel; however, this is a one-for-one exchange and not an augmentation plan. The total amount of water contracted is 1.5216 acre-feet per year which should be sufficient to serve the three houses. We can recommend approval of the propos a l for a shared well provided the above conditions are met and institutional a r rangements are adequate. We would also be able to recommend approval of i ndividual wells subject to the above conditions, however, we ask to be notif ied if the applicants choose individual wells. IIDS/KCK:ma cc: Lee Enewold, Div. Eng. Ralph Stallman Sincerely, jf~b.~ Hal D. Simpson, P.E. Assistant State Eng ineer RICHARD D. LAMM Governor JERIS A. DANIELSON State Engineer l 77H OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 March 28, 1983 Ms. Terry Bowman Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Ms. Bowman: Re: Cache Creek Subdivision Section 32, T6S, R94W We have received the above referenced proposal to separate 35~ acres into three tracts. The applicants propose to use well number 85564 as the source of water for the three lots. They also inquire regarding the availability of a well for an undefined remaining tract of 35 acres. Our comments follow: 1. Well number 85564 was issued as the only well on 35 acres. The Blehms applied for this well indicating ownership of the Sl/2 SEl/4 of Section 32 with the exception of the area west of the county road. While we may have some flexibility in defining the 35 acres for this well, the well would have to be located on the 35 acres which is defined. The sketch plan (sheet 2) and the well permit application do not locate the well on the 35+ acres in question. 2. This well could only legally serve three dwellings. From the infor- 1~ation available, it appears that four dwellings may already be served. 3. An agreement for joint ownership, maintenance, easements, etc. would have to include all lots involved. 4. We could not make a commitment for a well permit on a 35-acre tract in this type of review. If the applicant wants to apply for a well permit, he is welcome to do so. It would be better if the questions of this review were resolved first, however. Ms. Terry Bowman Page 2 March 28, 1983 We cannot recommend approval of this proposal as we und e rstand it to be presented. We must ask for a thorough explanation of the water supply plan if this proposal is resubmitted. HDS/KCK:ma cc: Lee Enewold, Div. Eng. Ralph St allman Rich Bell Sincerely, "CJ. L,_ Hal D . Simpson, P.E. Assi s tant State Engineer '~J-G-74 .tiADO DIVISION OF WATER RES . ES 101 Co lumbin e Bldg ., 1845 Sh erm an St ., D en ver', Colorado 80203 ~R£C£1YE6 ,, I _ PERMIT APPLICAT ION FORM AUG 05 '76 Applic ati on must be complete where applicalJle . Ty pe or print in BLA CK INK . No ove rstr ikes or er;i sures unless initialed. ( ) A PERMIT TO US E GROU ND WATER )(}A PERM I T TO CONSTRUCT A WEL L FOR ( ) A PERM I T TO IN STALL A PUMP WoAn.~ ;11,~Rti:~ sam. ~Mttrmir: (WW, ) REPLACEMENT FOR NO. _______ _ ) OTHER -------------'------ (2) LOCATION OF PROPOSED WELL Coun t y {} CL'r-{)e,i_/ ,5· lJ Y. of the ::;l==-•t. Section U ...Z. T-'-w..J--p-{o--~, Rng 94' L,J , b ij PM (3) WATE R USE AND WELL DATA Prop ose d maximum pumping rate (gpm ) --'/--=5=--·-· ___ _ Average annual amount of grounc} w31Jer /) .L t o be appropriated (acre -feet): L J Ce.'C::.re. -·weC Number of acres to b e irrigated: J.e.s.:i ·6 4~ J-1 / / -;.,.-,; Pr oposed total d ep th (f ee t ):-~-<-=~'---------- Aq ui fe r ground water i s to be obtained from: tf-r Lo/ei:__. __ Owner's wel l designation --~~~'..,. __ /:J_c~'-______ _ GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY· no i11 1r1ci 1io n (0) I>(/ DOMEST I C (1) ( ) IN D USTRIAL (5) ( ) LIVESTOCK (2) ( ) I RR I GATI ON (6) ( ) COMMERCl/.\L ('1) ( ) MUNIC IP AL (8) )OT H ER (9) ________________ _ (4) DRILLER I ( J ll ()I I I cl lJ ~; L u N L y I) u N Cll w n IT E IN r 111 s c ()I u MN ~~~7-•7 <J _·_ 1 Receipt No . _,<. L-5 d-.1 Basin _______ Dis t. CONDITIONS OF APPROVA ~ Th is well sha ll be us ed in such a w ay as to cause no material injury t o ex i stin g water rig hts. Th e issuance o f th e permit does not assure t he app l ican t that no injury will oc cur to another vested wate r r ight or pr eclude anot her own er of a ve sted w ater rig h t from seek ing r el i ef in a civil court actio n . APPROVt:;D PUHSUAllT TO CRS 1973, 3 7-:92 -602 ( 3) (b) (II) AS 'I'ffE ONLY WELL ON A TRACT OF 35 AC RES OR MORE DESI GNATED A S 3 S- ACRES IN -S Yz.. ) 5 e 111) S t¥c., 32--1 r. Gs .,, R· Q'~/ tJ. ~ P. /VI . APPROVED FOR DOMESTIC USE , INC LUD ING THE IRRI GATION OF NO T OVER OUE ACRE OF HOME GARDENS AlID LAWNS , ~PPLICA TION APPROVED ,. PERM IT NUMGER 8 5 56 '1 DATE I SS UED ~U G_ill97"--'6~­ EXP 18ATl~/\TE __ A_U. __ ~l ii J_9L8 _ .--·----- . I .-;)U.-<J_p_/ c.) • ~UAA!l / .. ~~ru~lf~~; I ~ 1; 11\JlllNLLIO llY '.· · ( (/ ·V f,r ·(/11.1('(/ .. , I . L/-S-1:( 11 IN I y · I I I (5y THE LOCATION OF TH E PA -)SE O WE LL ;in cl ,;"!''"!'' 011---(6 -) T_t-l ~ ~-Lf\'.1U_~_T_~f; __ !o_QC ~_JEQ__l?E-LQyv- . :-whir.Ii 1t w -~:.i i -~r--wr1T j ,;!-W:e(T;~;~dlllll!l' .. )(11;:;,-1 -,:;roilli~~-;_di;iq1:1111 1w 1ow . 1iy <!._., ... ''"'" !.1!c 1io 11 1 11 H !~. + t Use tli r. CE N T E rl S EC"! ION ( 1 sc i:l i o 11, f )tl() ;1C :11 !•;) lrn 1!11 : w 1:l l l rn:;1l i 11 11. -t---1-f-·--I ---· -I - - I -< -----1 MIL E, 5280 FE ET --- + + + + + I I ~ 1- -1- +· I .1 + _4__j_Q ~ it. 1 ~o m ~oot4 (n or t h o r ~0 11th ) sec . li ne / ~·;:! (} f t . fr o m _{:<...:,_a_s=· ·--=t ____ sec . lin e (c as t o r w es t) LOT ____ BL OCK ____ F ILING # __ _ I SU£3 DIVI S ION --------------j-1----- . I -1-NORTH SECTI ON LIN E + +-NORTH+ w 2 I :::; 2 · 0 I + I + + m + ):> C/l -l C/l m I t (7) TRAC T ON WHICH WE LL WILL BE LOCATE D · O wn e r :1!a rt=(] 7f-bs s . No . o f acre s ./ _s;--5 . Will th is be -1---+ i= u w V) (') -~ --l - 0 t he only we ll o n th is trac t ?~/j_,_e_"'-~~~~----- --f-1-(8_)_P_R_O_P_O_S_E_D_C_A_S_I N-G--PR_O_G_R_A_M __ I + +- +-- +-- I + + ~ V) UJ s: I + I -t- + z r z ~ I Pla in Cas ing + t I -+ -· -+ + + __ 7_,_ __ in. fr om -~Q=--- ____ in. from ___ _ Pe rfo ra t ed cas in g 7. CJ o --~-~ in . from ___.L'----- ____ in . from ___ _ ft . t o Z:o ft . ft. t o ft _ f t . t o /c:l O ft . f t. t o ft. I I +----+ + I +-+ I +-+ (9) FOR REPLAC EMENT WELLS g iv e d istance a n d d ir ect ion fro m o ld w ell and pl a n s for pluggi ng The sc a le o f t h e d ia gram is 2 inch es = 1 mil e Eac h s ma ll square r e p r esen ts 4 0 a c r es. if) W ATE R EQU I V A L EN TS TABLE !Rou nded F igu r es ) L') A n acre -foo t cove r s 1 acre o f l and 1 fo o t deep .-1 cu b i c fo ot p er se co n d (els ) . . 4 49 ga ll o n s per m i nu t e (gpm) A f am i l y o f 5 will requ ire ap p ro x i ma tely 1 ac re -f o o t o f w a t er p er year. 1 ac t e-f oo t ... 43,5 6 0 cub ic fe e t _ .. 325 ,900 gallons . 1 .. 0 0 0 gpm .pu mped c onti n uousl y f o r o ne d ay produ ce s 4 .4 2 a c re -fee t. (12) QTI:i.E.R WATER BIGHTS u sed ·on t his la n d , in c lud ing w e ll s . T ype or r ight U se d fo r (pu r p o se ) / OJo eF/l/n • · ..Zr-1-1 3 a.,/-;o~ :.ber-,ne /a, l<. · _ 7), :6e ,{"!·~--________ _ it : Desc rip t io n o f lan d o n whi c h u sed q s· cc·-L <-"'u e (/ ,:,) ) .(13) THE APPLICANT(S) ST A TE(S) THAT THE INFO R MATION SET FORTH HER EON IS TRUE TO THE BEST OF HIS KNOWLEDGE. /~,e,~ SIGNATUR E O F AP P ~ANT (SJ U se actcl it iona l sh e e t s of p ape r if mo re sp a c e is re qu ire d. - -------'-"------------------------ ·o 01-' '• ,. ' '\ , \ -, '\ ~ \ 0 A~ . ·No. CO-480579 -0 Policy of Title Insurance Issued by Transamerica Title Insurance Company SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: l. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein ; 2. Any defect in or lien or encum brance on such title; 3. Lack of a right of access to and from the land; or 4 . Unmarketability of such titl e. In Witness Whereof, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Transamerica Title Insurance Company By President By Secretary SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re- stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi- nance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse- quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim- ant had paid value for the estate or interest insured by this policy. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or dam- age hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart constructive notice of matters relating to said land. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebted- ness secured by a purchase money mortgage given by a pur- chaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a pur- chase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS -NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litiga- tion consisting of actions or proceedings commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land. to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or de- fense is interposed as set forth in (a) above, (ii) in case knowl- edge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as un- marketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be preiudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appro- priate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the pro- visions of this policy. the Company may pursue any such litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. NOTICE OF LOSS -LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been de- termined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. Continued on Front of Back Cover e e FORM NO. C-5000-1 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B-1970 (AMENDED 10-17-70) SCHEDULE A Amount of Insurance$ 160, 000 • 00 Date of Policy March 11, 1982 at 2:30 p.m. I. Name of Insured: GLORIA ARMSTRONG, an undivided 1/3 interest; LEONARD c. ROMNEY, an undivided 1/3 interest; JAMES R. VANDERPOOL, an undivided 1/3 interest; Policy No. C0-480579-0 Order No. 782646 Sheet 1 of L 2. The estate or interest in the land described herein and which is covered by this policy is: IN FEE Sil1PLE 3. The estate or interest referred to herein is at Date of Policy vested in: GLORIA .ARMSTRONG, an undivided 1/3 interest; LEONARD c. ROMNEY, an undivided 1/3 interest; JA.MF.S R. VANDERPOOL, an undivided 1/3 interest;, as Tenants in Common FORM NO. C-6000-2 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17-70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER"S POLICY-FORM B-1970 (AMENDED 10-17-70) Policy No. C0-480579-0 Order No. 782646 S C H EDU LE A-Continued The land referred to in this policy is situated in the State of Colorado, County of Garfield , and is described as follows: A parcel of land situated in the S~E)4 Section 32, Township 6 South, Range 94 West of the 6~ P.M., lying northeasterly of the northeasterly right of way of County Road No. 301 and northerly and westerly of the centerline of an existing access road; easterly of the westerly boundary and southerly of the northerly boundary of said S~E}4 Section 32. More particularly described as follows: Beginning at the Southeast Corner of said Section 32, Township 6 South, Range 94 West, a stone corner in place; thence N. 64°13'11" w. 2979.88 feet to the Northwest Corner of said S~E)4 Section 32, the true point of beginning; thence N. 89°11'47" E. 2270.49 feet along the North line of said S~E)4 Section 32; thence leaving said North Line s. 00°48'13" E. 635.84 feet; thence s. 89°11°47" w. 1078.50 feet to a point in the existing center line of an access road; thence along said centerline s. 87°45'03" W. 128.15 feet; thence N. 64°22'00" W. 81.69 feet; thence N. 46°24'16" W. 65.04 feet; thence s. 77°48'08" W. 233.52 feet; thence s. 71°41'13" W. 79.90 feet, s. 72°28'07" W. 64.58 feet; thence 84.36 feet along a curve to the left, having a radius of 42.56 feet and which the chord bears s. 15°40'53" W. 71.21 feet; thence s. 41°06'21" E. 107.71 feet; thence s. 36°11'50" E. 92.90 feet; thence s. 37°59'4511 E. 97.21 feet; thence 125.88 feet along a curve to the right, having a radius of 57.97 feet and the chord which bears s. 24°13'00" w. 102.56 feet; thence s. 86°25'46" w. 49.64 feet; thence 175.00 feet along a curve to the right, having a radius of 303.99 feet the chord of which bears N. 77°04 1 33 11 W. 172.59 feet; thence N. 60°35'12" w. 90.31 feet to a point on the northeasterly right of way of said County Road No. 301; thence along said northeasterly right of way 171.13 feet along a curve to the right~ with a radius of 258.75 feet, the chord of which bears N. 26°41 1 36 11 W. 168.0' feet; thence 112.25 feet along a curve to the right with a radius of 288.85 feet the chord of which bears N. 18°52'46" W. 111.55 feet; thence 91.08 feet along a curve to the left with a radius of 252.57 feet, the chord of which bears N. 40°20'36" W. 101.35 feet; thence N. 51°56'20" W. 292.51 feet to the westerly line of said S~E)4 Section 32; thence along said West line N. 00°51'25" w. 439.56 feet to the true point of beginning. FORM NO. C-6000-38 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B-1970 (AMENDED 10-17-70) Policy No. C0-480579-0 Order No. 782646 SCHEDULE B This Policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a cor- rect survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 6. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded October 29, 1913 in Book 73 at Page 68. 7. Right of wa:::r for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded October 29, 1913 in Book 73 at Page 68. 8. Undivided one-half in all mineral rights as reserved by Howard E. Dean and Lorraine Dean in the Deed to Harry A. Ross and Beatrice M. Ross recorded August 6, 1976 in Book 487 at Page 566, Reception No. 273876, and any and all assignments thereof or interests therein. 9. Any part of subject property lying within the existing access road as shown on Scarrow and Walker/K.K.B.N.A. Inc., survey dated June 14, 1979. 10. Easement and right of way for the following insofar as they may affect subject property: a. Bernklau Ditch b. Humming Bird Ditch, Priorities N. 76 and 106. 11. Oil and Gas Lease between Don R. Blehm, Eileen Blehm and Northwest :F.brploration Compap.y recorded May 1, 1981 in Book 570 at Page 601, Reception No. 314388, assignment of interest in Oil and Gas Lease from Don R. Blehm and Eileen J. Blehn to Gloria Armstrong, Leonard c. Romney and James R. Vanderpool recorded March 11, 1982 in Book 594 at Page 354, Reception No. 325496, and any and all assignments thereof or interests therein. 12. Terms, provisions and obligations contained in "Deed of Easement Agreement" as recorded September 15, 1981 in Book 581 at Page 320, Reception No. 319186. Continued Policy No. C0-480579-0 Order No. 782646 SCHEDULE B -Continued 13. Deed 0£ Trust £rom Don R. Blehm and Eileen J. Blehm to the Public Trustee 0£ Gar£ield County £or the use 0£ Mesa Federal Savings and Loan Association 0£ Grand Junction to secure #48,000.00, dated June 28, 1979, recorded June 29, 1979 in Book 530 at Page 640, Reception No. 295290. 14. Deed of Trust from Gloria Armstrong, Leonard C. Romney and James R. Vanderpool to the Public Trustee 0£ Gar£ield County £or the use of Don R. Blehm and Eileen J. Blehm to secure $70,000.00, dated March 8, 1982, recorded March 11, 1982 in Book 594 at Page 349, Reception No. 325495. Continued from Back of Front Cover 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim in- sured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claim- ant and authorized by the Company. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in liti· gation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintained under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encum- brance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of com- petent jurisdiction, and disposition of all appea.ls therefrom, adverse to the title. as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Com- pany may pay under policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the pay- ment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is estab- lished affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and reme- dies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the pro- portion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to Transamerica Title Insurance Company, P. 0. Box 605, Denver, Colorado 80201. Transamerica Title Insurance Company HOME OFFICE 600 Montgomery Street San Francisco. California 94111 (415) 983-4400 • Arizona Operations 3250 South Fair Lane Tempe, Arizona 85282 (602) 262-0511 • Northern California Operations 6850 Regional Street Dublin, California 94566 (415) 829-3800 Southern California Operations Third and La Cienega Los Angeles, California 90048 (213) 655-3000 • Colorado Operations 1800 Lawrence Street Denver, Colorado 80202 (303) 629-4800 • Michigan Operations 20830 Rutland Drive Southfield, Michigan 48037 (313) 569-3100 • New Mexico Operations 9809 Candelaria, N.E. Albuquerque , New Mexico 87112 (505) 293-8000 • Nevada Operations 535 E. Plumb Lane Reno, Nevada 89502 (702) 786-1871 • Oregon Operations 12360 East Burnside Portland , Oregon 97216 (503) 256-1160 • Texas Operations 3820 Buffalo Speedway Houston, T exas 77098 (713) 622-2611 • Utah Operations 261 East 300 South Salt Lake City, Utah 84111 (801) 532-6600 • Washington-Alaska Operations Park Place Sixth Avenue at University Street Seattle , Washington 98101 (206) 628-4650 Policy of Title Insurance Issued by Transamerica Title Insurance Company ,r ~~~:e~~!!1enoa Transamerica Title Insurance Company Arapahoe -Douglas 2000 West Littleton Boulevard Littleton, Colorado 80120 (303) 795-4000 Denver -Adorns 1837 California Street Denver, Colorado 80202 (303) 629 -4800 Boulder 1317 Spruce Street Boulder, Colorado 80302 (303) 443-7160 Eagle 108 South Frontage Road Vail, Colorado 81567 (303) 629-4956 El Paso 418 South Webster Street Colorado Springs, Colorado 80903 (303) 634-3731 Jefferson 1675 Carr Street Lakewood, Colorado 80215 (303) 231-2800 Larimer 151 West Mountain Avenue P.O. Box 1100 Fort Collins, Colorado 80521 (303) 493-6464 Mesa 531 Rood Avenue Grand Junction, Colorado 81501 (303) 242 -823 4 Pitkin 600 East Main Street P.O. Box 2230 Aspen, Colorado 81611 (303) 925-1766 Pueblo 627 North Main Street Pueblo, Colorado 81003 (303) 543-0451 Routt -Jackson 507 Lincoln Street P.O . Box 280 Steamboat Springs , Colorado 80477 (303) 879-1611 Weld 918 Tenth Street Greeley, Colorado 80632 (303) 352-2283 AGENTS THROUGHOUT COLORADO ... . e Map Unit No.~ SOIL CHARACTERISTICS Depth to bedrock Texture Surface Subsoil Substratum Unified Classification Permeability Percent coarse fragments (greater tha~ 3 inches) Salinity (ECxlO @ 25°c) pH (surface) Shrink-swell Potential Potential frost-action (surface) Flood Hazard Hydrologic Group Corrosivity Steel (uncoated) Concrete : More than 60 inches Loam Clay loam Loam ML, CL Moderate 0 6.6 to 7.4 Moderate Low None B filgh Moderate DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate~ __ i_s~~~--Se1~ Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill Shallow Excavations _pwellings --- Local Roads & Streets Trench Area SUITABILITY AS A SOURCE OF ... Daily Cover for Landfill Road fill Sand Gravel Topsoil CV Slope s Slope s Slope s Slope s Slope Slope Slope Slope Poor Slope Fair Slope, low strength Unsuited Unsuited Poor Slope SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION .. e UnitN~ I !cl f /r/>:: a -Map SOIL CHARACTERISTICS Depth to bedrock Texture Surface Subsoil Substratum Unified Classification Permeability Percent coarse fragments (greater tha~ 3 inches) Salinity (ECxlO @ 25°C) pH (surface) Shr~nk-swell Potential Potential frost-action (surface) Flood Hazard Hydrologic Group Corrosivity Steel (uncoated) Concrete DEGREE & KIND OF LIMITATIONS : More than 60 inches Stony loam Gravelly sandy loam Very gravelly :fine sandy loam GM, SM Moderately rapid 0 to 25 6.6 to 7.4 Low Low None :B High Low (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields Sewage Lagoons S4uitary Landfill Local Roads & Streets Trench Area SUITABILITY AS A SOURCE OF ... Daily Cover for Landfill Roadfill Sand Gravel Topsoil (; '15 s Slope s Slope M Seepage s Slope s Slope, small stones CV " Slope Slope· s Slope Poo~ .small stones, slope Fair, slope Unsuited Unsuited Poor Small stones, slope, excess lime SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION • XlOE-Potts-Ildefonso complex, 12 to 25 percent slopes. These strongly sloping to hilly soils are on mesas, alluvial fans, and valley sideslopes. Elevation ranges from 5,000 to 6,500 feet. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F., and the average frost-free period is about 120 days .. The Pott soil makes up about 60 percent of the mapping unit and occupies the slightly concave portions of the landscape. Ildefonso soil makes up about 30 percent of the mapping unit and occupies the steeper, break-like areas. Included with the soil in mapping are small areas of Morval and Lazear soils which make up 10 to 18 percent of the mapping unit. Morval soil is found at the higher elevations within the unit and Lazear soil is found in areas of shallow soil depth. The Potts soil is deep and well drained. It formed in eolian materials on alluvium from sandstone, shale, or basalt·. Typically, the surface layer of the Potts soil is brown loam about 4 inches thick. The subsoil is reddish brown light clay loam about 24 inches thick. The substratum is pinkish white loam that extends to a depth of more than 60 inches. Permeability of the Potts soil is moderate. Effective rooting depth is 60 inches or more. Available water capacity is high. Surface runoff is medium and the erosion hazard is moderate. XlOE-Potts-Ildefonso complex 2 The Ildefonso soil is deep and well drained. It formed in very strongly calcareous basaltic alluvium and small amounts of eolian material. Typically, the surface layer of the Ildefonso soil is brown stony loam about 2 inches thick. The subsurface layer is brown stony loam about 6 inches thick. The underlying material is white very strongly calcareous very stony loam that extends to a depth of more than 60 inches. Permeability of the Ildefonso soil is rapid. Effective rooting depth is 20 to 30 inches. Available water capacity is low. Surface runoff is medium and the erosion hazard is moderate. These soils are used mainly for limited livestock grazing and for wildlife habitat. The native vegetation on the Potts soil is mainly bluebunch wheatgrass, western wheatgrass, needleandthread, Nevada and Sandberg bluegrass, fleabane, lupine, big sagebrush, low rabbitbrush, and service- berry. The native vegetation on the Ildefonso soil is mainly pinyon pine and Utah juniper. The understory vegetation is Indian ricegrass, needle- andthread, beardless wheatgrass, junegrass, stemless goldenweed, low phlox, serviceberry, bitterbrush, mountainmahogany, and big sagebrush. When the vegetation deteriorates under the pinyon, pine, and juniper overstory, gra~ses almost disappear and forbs and woody shrubs increase. Proper grazing management maintains and improves range condition on both soils. Seeding on the Potts soil is a good practice on slopes less than 15 percent if the range is in poor condition. Suitable plants for seeding are ~luebunch wheaterass, western wheatgrass, and needleandthread. XlOE-Potts-Ilde fon so cornp lex 3 For successful seedings, a good practice is to prepare a seedbed and drill the seed. Brush management on the Potts soil will improve deterior- ated range sites that are producing more wood y shrubs than commonly found in the native plant community. Proper managemen t of the vegetation on the Ildefonso soil maintains a wood product an d grazing value. Selective thinning of the pinyon, pine, and juni pe r overstory improves the under- story for grazing and provides firew ood , posts, and Christmas trees. Ildefonso soil is suited to the production of pinyon pine and Utah juniper. It is capable of produ cing 9 cords of wood per acre when the stand attains an average diameter (at a height of one foot) of five inches for trees over 4.5 feet high. The l ow available water capacity can influence tree seedling survival. Wildlife using these soils for habitat include mule deer, wild turkey, chukar, gray squirrel, cottontail rabbit, and some pheasant. Potential community development is limited by steep slopes of tnis mapping unit and the high content of s tones and lime in the Ildefonso soil. The Potts soil is limited for community development by steep ~lo pes , low strength, and piping. Structures to divert •• SOIL CHARACTERISTICS Depth to bedrock Texture Surface Subsoil Substratum Unified Classification Permeability Percent coarse fragments (greater thaQ 3 inches) Salinity (ECxlOj @ 25°c) pH (surface) Shrink-swell Potential Potential frost-action (surface) Flood Hazard Hydr·ulugic Group Corrosivity Steel (uncoated) Concrete I DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill Shallow Excavations Dwellings Trench Area ---------> ,,,,_. w/basements w/0 basements Local Roads & Streets SUITABILITY AS A SOURCE OF ... Daily Cover for Landfil~ Road fill Sand Gravel Topsoil More than 60 inches · . Loam Clay loam to silty clay loam Gravelly sandy clay loam CL Moderate 5-20 7.4-8.4 Moderate Moderate None B Moderate Low Se~ vslope S Slope M Too clayey 0 M Too clayey, small stones ~ Shrink-swell ~ ShXink-swell, frost action M Shrink-swell, slope • Fair Too clayey Fair Frost action, shrink-swell Unsuited Unsuited Fair Too clayey SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION ----# ' I • lSD-Morval loam, 3 to 12 percent slopes . This deep, well drained soil occupies mesas and valley side slopes. It formed in re•..Jorl:ed basalt and sandstone alluvium. Elevat ion ra,nges from 6 ,500 to 8,000 feet. The average annual precipitation is about 15 inches, the aver- age annual air temperature is about 44 degrees F., and the average frost-free period is about 100 days. T-ypically, the surface is brown l oam about 5 inches thick. The subsoil is light brown clay loam abou t 22 inches thick. The substratum is pinkish very stony loam. Included with this soil in mapping are small areas of Villa Grove, Zoltay, and Tridell soils which make up about 15 percent of the mapping unit. Villa Grove and Zol tay soils a.re located on the steeper portions of the landscape. Tridell soils have an accum - ulation of calcium carbonate. Permeability of the Morval soil is moderate. Effective rooting depth is 40 to 60 inches. Available water capacity is moderate . Surface -runoff is slow and erosion hazard is slight. This soil is used mainly for grazing livestock. A small por- tion of this unit is used for bay and pasture. Irrigated areas are used for alfalfa, irrigated grass -l egwne mixtures, and oats or barley. The native v~getation on this soil is mainly needleandthread, western wheatgrass,-and big sagebrush. ,,. ,.. -· 15D-Mor:al loam 2 When the range condition deteriorates, forbs and woody shrubs increase. When the range is in poor condition , undesirable weeds and annual plants are numerous . Proper grazing management main- tains and improves range condition. A reduction in brush improves deteriorating range sites. Seeding is a good practice if the range is in poor condition. Suitable plants for seeding are pubescent wheat- grass, western wheatgrass , and big bluegrass. For successful seed- ings, a good practice is to prepare a seedbed and drill the seed. Irrigation methods suitable for this soil are flooding, furrows, and sprinklers. Flooding is well suited for alfalfa, irrigated P2:sture , hayland, and small grains. Application of water will mini- mize soil loss. Wildlife using Morval soil for habitat include cottontail rabbit, mule deer, and grouse. This soil is limited for community and recreational develop- ment . by content of stones and gravel at depths of more than 30 inches . Capability subclass, IVe; IVe dryland • SKETCH PLAN SUBMITTAL CACHE CREEK MINOR SUBo GARFIELD COUNTY, COLORADO The following supplemental information is respectively submitted with the accompaNying drawings, all in accordance with Section 4o01, entitled, "SKETCH PLAN REQUIREMENTS" of the Subdivision Regulations of Garfield County, Colorado as adopted January 2, 1979 and sub- sequent amendments; with a request for exemption from the Prelimin- ary Plan and Final Plan Requirements of the above said Regulations. Section 4.01 SKETCH PLAN REQUIREMENTS 4.0L.01 Sketch Map (See Sheet Number 2 of 6) 4.01.01.A.l Property Boundary Survey. See Sheet Number 2 of 6,"Property Map" Property Description of Record: See attached Exhibit "A" 2. Lot layout and access. See Sheet Number 2 of 6, "Property Map" ~ 3. Type of Water System shall be individual ~ells~similar to those existing in the area. Type of sanitary wastewater system shall consist of !~~!vidual septic tank~ and underground disposal fields in accordance with applicable standards and regulations. School bus presently services area. Existing features: Natural and cultural features of site; See Vicinity Map, Sheet 1 of 6, See Property Map, Sheet 2 of 6 Natural and agricultural vegatation; See Vegatation Map, Sheet 3 of 6 Topographic Map, See Sheet 5 of 6 7. Total acrage of tract is 35.00 acres, plus or minus 8. Zoning boundary lines, not applicable. 9. General Land Use, See Vegatation and Land Use Map, Sheet 3 of 6. 10. Sketch Map, See submittal drawings. Section 4.01.01.B. 1. Geologic and Soil Analysis. Geologic Characteristics, See Geologic cross- section on Soils Map, Sheet Number 4 of 6. Bedrock Geology: The area is entirely underlain by the Wasatch Formation of the Eocene Age. The Wasatch is a sedimentary formation composed of vari- colored pastels, variable bentonitic shales with interbedded lenticular and cross-bedded tightly cemented sandstones. The formation dips regionally westward 10° to 15°" SKETCH PLAN SUBMITTAL CACHE CREEK MINOR SUB. Page Two The area is geologically stable having no known faults of zones ofgeologic weakness present on or near the property. Surf a ce Geology The surface geology consits of a Alluvial Outwash of the Colorado River on the sloping pediment slopes of the Wasatch Formation. During the Pliestocene time, the ancient Colo - rado River a nd its tributaries , hydraulically downcutted thru the overlying Green River shal e s and their c a pping black basalt flows into the Wasatch Formation and thereby carving broad, sloping ped i ments there i n. In this process, these slopes were cover and recovered with cobbles a nd boulders derived from the contemp- oraneous erosion of the overlying basalt and shales, all of which were reworked with the matrix of the Wasatch sedimentaries to form a outwashing of a conglomerate deposit of gravel s , cobbles, and boulders in a matrix of shaley siltstones a nd clays Subsequently, the continued erosion of the Battlement Mesa and underlying formations by the tributary streams deposited a alluvial fan of finner materials over the sloping Alluvial Outwashings to form Holms Mesa. The perfrieal boundary of this alluvial fan is Cache Creek and Cottonwood Creek . As Cache Creek undercut this alluvial fan a major landslide occured with the limits shown on the attached Vicinity Map. ~The subject properties lay outside of the "'alluvial fan and resulting landslide area. B.2 Soils Types, see Soil Classification Map , Sheet Number 4 of 6. c. 2 • The Soil Classification Map shows the surface soil classifications based on U.S .D.A., Soil Conservation Service soil surveys and studies of the subject properties o The majority of the lands to be subdivided under this action are mapped as Units XlOE and lSD o The descript i on of these. soils as reported by Soil Conservation Service are shown in Exhibit "P. Rad i ation Hazards, not applicable. Vicinity Map, see Title Sheet, Sheet 1 of 6 . Information Disclosure of Ownership, see attached Title Insurance Policy No. Co-480579-0 Total development area is 10.0 acres, more or J e s SKETCH PLAN SUBMITTAL CACHE CREEK MINOR SUB o Page Three Section 4 001.02.3 Total number of proposed dwelling units will be two. 4.Source of ~ornes ti c wa ter supply shall be from either an exist i ng well or from individual wells for each s i te. S.Sewage disposal shall be by seperate undergrourtd disposal fields. 6 oNot applicable o 7 uSee title insurance policy. Recorded at Reception No. o'<:lm:k DON R. BLEHM and EILEEN J. BLEHM .. M, . $W".t11..r . .............. Hccordcr. whose address is 2436 Applewood Circle, Grand June ion, County of Mesa , State of Colorado , for the consideration of Ten Dollars and other good and valuable consideration---- ~ki;RS, in hand paid, hereby sell (s) and convey (s) to GLORIA ARMSTRONG, an undivided 1/3 interest; LEONARD C. ROMNEY, 1 1 ~n undivided 1/3 inte+est & JAMES R. VANDERPOOL, an undivided 1/3 i l.nterest as. tenants in conunon County of 1: whoselega1acfdress1s P. o. Box 350, ParachutE!. , Colorado · Garfield and State of the following real property in the , :1 said County oJ Garfield , :rnd State of ColoraJo, to wil: SEE EXHIBIT "A" A'rTACHED HERETO, AND BY THIS REFERENCE MADE A PART HERETO. Together with all water, water rights, ditches and ditch rights of way appurtenant thereto; and Together with Deed of Easement Agreement as recorded September 15, 1981 in Book 581 at Page 320, records of Garfield County, Colorado. ' also known as street and number 8622 301 Road, rarc1chute, Colorado with all its appurtenances, and warrant(s) the title to the saml~, subject to all easerrents, restrictions, reservations, rights-of-way and oil and gas lease of record. Subject also to Deed of Trust for the use of Mesa FL"'<ieral Savings & Loan Associ- ation as recorded in Book 530, Page 640, which trust deed Grantees assurre and agree to pay. Also subject to the 1982 real pro[€rty taxes due and payable in 1983 and all subsE..=·quent taxes and assessm~nts. Signed this 8th day of March Don R. STATE OF COLORADO, County of Mesa The foregoing instrument: was acknowledged before me tltis Bth day of March , 19 8 2. by DON R. BLEHM and EILEEN J. BLEHM My commission expires Witness my hand and official seal. .. ·-···--· Notary Pnblic ii I So. 897. Warranty Deed-Short Form -Bradford Publishing, !1B2!i W. 6th i\v '., I .akcwo1 •d. CO 811214 -( 303) 23:J .l)!JOO --li-81 ---·-----~-··· ···-~. ----·--~---···-·-"···-·------·-.. ··---·· ..... ' ........ ·-·-····· .. .. e .. -............... -·---·-····"--. A parcel of land situated in the S~iSE~ Section 32, 'l'ownship G South, Range 94 l'lest of the 61b P .. M., lyinc;~ northeasterly 0£ the ·northea:.;terly right of way of .County Road No. 301 and northerly and westerly 0£ the centerline of an existing access road; easterly of the westerly boundary and southerly.of.the northerly boundary of said S~SE~ Section 32. More pa:C:~icularly described as follows: ~egin~ing at the Southeast Corner of said Section 32, Township 6 South,.· .· H.ange 94 West, a stone corner in pl.ace; · .. thence N. 64°13'11" 1·1. 2979.88 feet t9 the No:rthwest Corner of sc.tid - S~SE~ Saction 32, the true point of .b~ginning; thence N. 89°11 1 47 11 E. 2270.49 fe~t.along the North line of .said S~SE~ Section 32; · thence leaving said North Line s. 00°48'13 11 E;. 635 .. 84 feet; thence s. 89°11'47" w. 1078.50 feet to a po.int in the existing center line of an access road; thence along said centerline s. 87°•15'03" W .. 128 .. 15 feet; thence N. 64°22'00" W. 81.69 feet; thence N. 46°24 1 16 11 W. 65 .. 04 feet; thence s. 77°48 1 00 11 H. 233.52 feet; thence S. 71°41 1 13 11 W. 79.90 feet, .s. ·12°28 1 07 11 W. 64.58 fcetw . , thence 84. 36 feet alon·;1 a curve to l:hc~ left, havins; a radiU!:> of '12.56 feet and which the chord bear.~• s .. 15°1 'i0 1 53 1 l H. 71.21 :f:"eei,:• ' , thence S. 41°06 1 21" E--: ,:107. 71 feet; thence S. 36°11 1 50 11 E ... 92.90 feet; thence s. 37°59'45° E. 97.;~l feet; thence 125.88 feet along a curve to the right., h<iving a rudiu::-; of 57.97 feet and the cho:trd which bear:;~!>. 24°J3t00" H .. 102.56 fec:t· , thence S. 86°25 1 46 11 W. 49.64 feet; thence 175.00 feet along a curve to the ri9ht.,. having a radiw:: of 303.99 feet the chord of which bear~;; N. 77°04 1 33 11 lJ .. 172.59 fCf!t· thence N. 60°35'12° H. 90.31 feet to" point on the northea::;terly right of way of said County Road No,. 301; thence along said northeasterly right of way 171.13 feet alcinq a curve to the right, with a radius of' 258. 75 feet, the chord oJ:: which· bears N. 26°41'36" W. 168.03 feet; . · thence·ll2.25 feet along a~urve to the right with a radius of 288.85 feet the chord of which bears N. 18°52'46" \'1. lll.55 feet· thence 91.08 feet along a curve to t~e left with a radius of ' 252.57 feet, the chc1rd of which bears 'N. 40°20'36° H. J.01 .. 35 feet· thence N. 51°56'20"" l·l .. 292 .. 51 feet to the westerly line of said 1 S~SE~ Section 32; . thence along said West line N. 00°51'25" W .. 439~56 feet to the .true point of:.:J>eginning. GARFIELD COUNTY, COLORADO EXHIBJT "/\" /.