HomeMy WebLinkAbout1.0 Application• •
BEFORE THE BOARD OF COUNTY COMMISSIONER OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant 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, the
undersigned j y7,2,y„,5 f f/,ub,.yh GrA respectfully petitions the Board of County
Commissioners of Garfield County, Colorado, to exempt by Resolution the division of
//5 y acre tract of land into tracts of
approximately 9 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:
CC//i, 1411 F/L-r' P 1 6,/c! ci en
SUBMITTAL REQUIREMENTS:
An application which satisfied 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; and
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; and
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 minerals 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 $300.00 fee must be submitted with the application.
Cy% ;
Petitioner
f
Qn 1JDX
Mailing Address
) re) StHCc; 16 (i I
City State
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 additional factors listed in Section 8:60
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. In order to qualify for exemption, the parcel as
it existed on January 1, 1973, must have been 35 acres or greater in size at that time and
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),
preventing joint use of the proposed tracts, and the division occurs along the public right-of-
way, 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. For the purposes of definition, all tracts of land 35 acres
or greater in size, created after January 1, 1973 will count as parcels of land created by
exemption since January 1, 1973.
`•:ROM : .T I r1ENEZ LANDSCAPING
November 9, 1999
'1'0: Mark Bean
• PHONE NO. : 3039459421 •
Thomas & Elizabeth ;ook
7650 Cnty. Rd.. 3 2
P.O. Box 70
New Castle, CO 81 i47
970) 984-2933
Nov. 09 1999 12:52PM P01
In regards to the Cook A&R exemption, we would like to change our existing exemption proposal
of 2, 5 acre parcels to I, 10 acre parcel, The 10 acre parcel is adjacent to a 35 acre parcel and we want to
have a shared well with 1/3 of the well rights for the 10 acres to supply 1 dwelling, and 2/3 of the well
rights for the 35 acres for 2 dwellings, We will have a shared well agreement with the requirement that a
minimum of a 5,000 gallon cistern he installed at the time of building and an exempt well permit will he
obtained for the whole 45 acre parcel allowing 3 dwellings. Please let me know what else you will need for
us to be able to get approval on this exemption as soon as possible
Thank you.
Beth Cook
■ 11/30/99r 08:47 FAX
• ■▪ [,les J= T-iE �, i :�",L 1 ! v.1r.MJ I�'_I r!.r. !S'_,
1 ■
•■ WELL CONSTRUCTION AND TEST REPORT
v1v:''_uv:
FOR OFFICE USE ONLY
101
A I t Vr L VLUKAL)V, U1 -1-11‘.:t Vt- lilt J IA f t tN iINNtttK
APPROVAL* GWS31-81-03
1.
WELL PERMIT NUMBER MF1-37280
• - Name(s) : Thomas Cook
- Melting Address : P.O. Box 70
City, St. Zip : New Castle, Cc. 61647
Phone (970) 984-2933
3.
ALL LOCATION AS DR [LSE}:SE 114 NW 1/4 Sec. 32 Twp. 06S Range 90W
DISTANCES FROM SEC. LINES:
ft Nam Sec. line_ and ft. from Sec. tine_ OR
SUBDIVISION : LOT BLOCK FILING(UNIT)
STREET ADDRESS AT WELL LOCATION :
4
tT el N i URFA LEVATtON ft. D * ILLI METH • D Air Rotary
DATE COMPLETED 11/22/99 TOTAL DEPTH 260 ft_ DEPTH COMPLETED 260 ft.
3. GEOLOGIC LOG :
1
6_ HOLE OAAM. rim
FROM lin
TO (rt)
Oepth
Type of Material (Size, Color. and Type)
- ■
•
•'i" • 10
Topsoil
6
28
260
0i0-260
Wasatch Formation
7. PLAIN CASING
OD (in)
Kind
Wail Size
From (t)
To (R)
7.0
Steel
0.240
0
28
5.5
5.6
PVC
PVC
0.250
0.250
20
105
40 _i
200
5.5
PERF. CASING
PVC
: Screen Sint
0.250
size .
220
260
PVC
.250
40
100
5.5
PVC
.250
200
220
WATER LOCATED : 40+
REMARKS : Originally drifted under MH -36719 but
lett uncesed. Cased under this MH #
8. Fuer Pack
Material:
Size :
Interval:
9. Pecker Ptacernent
Type
Depth :
10 GROUTING RECORD
/Wiwi&
Amount
Density
Inlarval
Placement
Cement
3 ski
16 gal
8-28
poured
11. DISINFECTION : Type : HTH Amt. Used : 8 oz.
12, WELL TEST DATA : j) Check Bax If Test Data is Submitted On Suppfementat Form.
TESTING METHOD : Air Compressor
Static Level : 31 ft. Date/Time Measured : 11/22/1999 Production Rate : 1 ()Pm.
Pumping Level : Total ft. Daterme Measured : 11/22/1999 Test Length : 2 his.
Remarks nooraaas
foie avrfb ei/
r dWv r M
^ -- 214MX')16. xf S. yn+
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Tires res!■ Ur ataborm I1 .S t�seln aeei laerr60 aan4rda erwa. art
�. iiaeitrY h tha aaeend *wee and w DrjbS in a class 1 treswmear or.)
COJQTRACTOR : Shelton Drilli • Corp
Name 1 Title (Please Type or Print)
Vine Shelton / President
Phone : (970
927-4182
Data
/1/23199
11/30/99 08:45 FAX
•
41 fI.RLJNK LOG 110411:3;
Se f, Cook
!Mont': (970) 984-2933
Fir (970) 994419309
FAN TRA1VSM717AL
A.4 /1-30 99
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FA k Poi 1JA f UR y ys - 7 7 2? -5 -
ATM:
FROM: ck Cook
PAW ;al ArtnR; (970) 984.1309
Nf-,lilI R OF 0114 GES (/V['Ld1DJXG ("OVER):
10(D< e vy( p -t` \ o vj
,953
lots should haw recri rd f 'pages. If you did mu reeeh'e all of the pager pirate call (970) 984-414109_
poi
ei, v-/ bS / 5 cr' We 1( Cc70-7,Moh r'c-16,0 r�. s h
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Gc) e //per /7C/x-1-1 e',- . (.,(-)e. G,/J f C uss rd y° v Ca.//,
e Z14 C‘.. jive P / &/ i;?r,,,,7Q,r'a,7 q/,7c1 )40-
/e / — P kr7 a w / .T ' -- e.)as--A/i7q w, J'� ,9v v Oe- o��'r'r
O O n a- u� �r^4l /2) lIEC�• 79 Al a
OSS/ irs e:; 7 r4. cJ/
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yd U q S s GO'7
9 7- �-�2
ROMENEZ LANDSCAPING
ilr
November 9, 1999
To: Mark Bean
1110 PHONE NO. : 3039459421 411,,
Thomas & Elizabeth .00k
7650 Cnty. Rd.. 3 2
P.O. Box 70
New Castle, CO 81 ►47 .
970) 984-2933
Nov. 09 1999 12:52PM P01
In regards to the Cook A&B exemption, we would like to change our existing exemption proposal
oil 5 acre parcels to I, 10 acre parcel. The 10 acre parcel is adjacent to a 35 acre parcel and we want to
have a shared well with 1/3 of the well rights for the 10 acres to supply 1 dwelling, and 2/3 of the well
rights for the 35 acres lbr 2 dwellings. We will have a shared well agreement with the requirement that a
minimum of a 5,000 gallon cistern be installed at the time of building and an exempt well permit will he
obtained for the whole 45 acre parcel allowing 3 dwellings. Please let me know what else you will need For
us to be able to get approval on this exemption as soon as possible
Thank you,
13elh Cook
DEC -10-1999 16:43 IV 5 WTR RESOURCES • 1 303 866 5415 P.03/94
GWS -25 COLORADO DI\DN OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866.3581EiVEp DEC 3
EXST
APPLICANT
THOMAS & BETH COOK
P.O. BOX 70
NEW CASTLE, CO 81647
(970)984-2933
PERMIT TO USE AN EXISTING WELL
WELL PERMIT NUMBER 27 1 97
DIV. 5 CNTY. 23 WD 45 DES. BASIN MO
Lot: Block: Fling: Subdiv:
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 NW 1/4 Section 32
Twp 6 S Ping 90 W 6th P.M.
DISTANCES FROM SECTION LINES
1550 Ft. from NORTH Section Line
2000 Ft. from WEST Section Une
ISSUANCE OF Tl-ilS PERMIT DOES NOT CONFER A WATER RIGHT
CONDLIIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of
the permit does not assure the applicant that no injury will occur to another vested water right or preclude
another owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shell be in compliance with the Water Well Construction Rules 2 CCR 402-2,
unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction
and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(li)(A) as the only well on a tract of land of ±35.006 acres
described as that portion of the SE '/4, NW Y/4 and NE 34, SW 3, Sec. 32, Twp. 6 South, Rng. 90 West, 6th
P.M., Garfield County. Reference attached exhibit A. Any and all other existing wells on this ±35.006 acr.:
tract must be plugged and sealed according to the Water Well Construction Rules within ninety (90) days of
completion of the new well. The enclosed Well Abandonment Report form must be completed and submittec
to affirm that the old well was properly plugged and sealed.
4) Approved for a change in legal description of permit no. 216193 (canceled). The issuance of this permit hereby
cancels permit no. 216193.
5) Approved for the installation of a pump in, and the use of, an existing well, constructed on 11/22/99, to a
depth of 260 feet, under monitoring hole notice MH -37280, acknowledged 11.04-99.
6) The use of ground water from this well is limited to ordinary household purposes inside up to 3 (three) single
family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on a farm or ranch,
and the irrigation of not over one (1) acre of home gardens and lawns.
7) The maximum pumping rate shall not exceed 15 GPM.
8) The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
9) This well shall be located not more than 200 feet from the location specified on this permit.
NOTE: Expired permit 176764, was previously issued at/near this location with a different
legal description.
Parcel Identification Number (PIN): 23-2183-324-00-071
Assessor Tax Schedule Number: 170348 (totaling t 154.436 acres?
APPROVED
DMW
Receipt No.
stere Engineer
,)- 7
av
DATE ISSUED DEC 10 1999 EXPIRATION DATE DEC 10 2L01
NOV 09 '99 12:39PM CALOIA& HOUPT, P.C. • P.2
DECLARATION OF COVENANTS AND
WELL -SHARING AGREEMENT
THIS DECLARATION OF COVENANTS and WELL -SHARING
AGREEMENT is made this day of , 1999, by Thomas C.
Cook and Elizabeth M. Cook (hereinafter collectively referred to as "Declarant") owners
of the property described below, which property is located in Garfield County, Colorado:
WITNESSETH:
WHEREAS, Declarant is the sole owner of the 35 acre parcel of real property
located in Section 32, Township 6 South, Range 90 West of the 6th P.M., Garfield
County, Colorado, more particularly described in Exhibit A (referred to herein as "Parcel
I"); and
WHEREAS, Declarant is the sole owner of the 10 acre parcel of real property
described in Exhibit B hereto (referred to herein as "Cook A Exemption") which is
located adjacent to Parcel I. Cook A Exemption and Parcel I are referred to collectively
herein as the "Subject Parcels"; and
WHEREAS, a well known as "Cook Well No. 2" (hereinafter referred to as the
"Well") is located upon Cook A Exemption at a point shown approximately on Exhibit C
hereto; and
WHEREAS, the Well will operate pursuant to a Well Permit issued by the
Colorado Division of Water Resources pursuant to Colo. Rev. Stat. Section 37-92-
602(1)(b), which permit allows use of water from the well for fire protection, ordinary
household purposes inside three (3) single family dwellings, the irrigation of not more
than one acre of homes, gardens and lawns, and the watering of domestic animals; and
WHEREAS, Declarant is the sole owner of the Well; and
WHEREAS, that the Well will be the primary source of water for use on the
Subject Parcels; and
WHEREAS, Declarant desires to provide for the sharing of the Well and water
produced therefrom;
NOW, THEREFORE, Declarant hereby declares that the Well and the Subject
Parcels shall be held, sold and conveyed subject to the following restrictions, covenants
and conditions, which are for the purpose of protecting the value and desirability of the
Property, and which shall run with the Well and the Subject Parcels and be binding upon
all parties having any right, title or interest in the Well and the Subject Parcels, or any
part thereof, their heirs, successors and assigns, and shall inure to the benefit of each
owner thereof.
COOK -Declaration re Well Sharing -1 b 1
NOV 09 '99 12:39PM CRLOIo HOUPT, P.C.• P.3
1. Water supply. The water supply for each of the Subject Parcels shall be
the Well (Cook Well No. 2), as operated pursuant to the Well Permit issued by the
Colorado Division of Water Resources for the Well. All owners of the Subject Parcels
shall be jointly responsible for meeting all obligations set forth in the Well Permit.
2. Water System Easements. The owner of each Subject Parcel shall have
an easement to access the Well, the cistern and all pumphouses, storage tanks, pipelines,
and other workings (collectively referred to as the "Water System") located anywhere
within the Subject Parcels, for reasonable operation and maintenance purposes. Such
easement includes a right to free and unrestricted access for such purposes and shall be
twenty (20) feet in width surrounding all parts of the Water System. In the event that any
gates, well houses, or other parts of the Water System are locked for security purposes,
all Subject Parcel owners shall immediately be provided with a key and shall not
otherwise be restricted from accessing the Water System. The reciprocal easements
granted herein shall be for the benefit of each Subject Parcel, The location of all parts of
the Water System shall be determined by cooperation of all Subject Parcel owners and in
a manner which interferes the least with existing structures including but not limited to
houses, outbuildings, and roads.
3. Ownership. The owner(s) of Parcel I shall own an undivided two-thirds
(2/3) interest in the Well and the Well Permit, pump(s), and any appurtenant facilities
used in common by the Subject Parcels. The owner(s) of Cook A Exemption shall own an
undivided one-third (1/3) interest in the Well and the Well Permit, pump(s), and any
appurtenant facilities used in common by the Subject Parcels. Each Subject Parcel
owner's interest in the Well and Water System shall be appurtenant to his/her Subject
Parcel and may not be transferred apart from the Subject Parcel. All Subject Parcel
owners shall be mutually responsible for the Well and to operate, maintain, repair,
replace and improve the Well, pumps and any other appurtenant facilities for their joint
benefit. The Well Permit shall be put in the name of the owner(s) of the Subject Parcel
upon which the Well is located, as such ownership may change from time to time, and
such owner shall be responsible for subsequent assignments and amendments to reflect
current ownership, The owner of the Subject Parcel upon which the Well is located shall
be designated as the well owner to receive all mail and documentation relating to the
Well and Water System, Such Subject Parcel owner shall promptly provide copies of all
such mail and documentation to other Subject Parcel owners, or make such information
available for review at the convenience of other Subject Parcel owners,
4. Operation and maintenance expenses. The owner of Parcel I shall be
entitled to use two thirds (2/3) of the water produced by the Well to supply no more than
two single family dwellings to be located on Parcel I, and shall pay two thirds (2/3) of the
costs of maintenance, operation, electricity, repair, and replacement of the Well, pump(s)
and appurtenant facilities, and the costs of common water lines or other common water
facilities. The owner of Cook A Exemption shall pay one-third (1/3) of the costs of
maintenance, operation, electricity, repair, and replacement of the Well, pump(s) and
appurtenant facilities, and the costs of common water lines or other common water
COOP-Dcclaration re Well Sharing -lb 2
NOV 09 '99 12:40PM CALOIP& HOUPT, P.C.• P.4
facilities. The withdrawal of water from the Well shall be for uses permitted by the State
of Colorado, If any Subject Parcel isnot hooked onto the Well, the owner of such Subject
Parcel shall not be obligated to contribute towards operation and maintenance expenses.
If any Subject Parcel is hooked on but has not yet commenced service, no electricity costs
shall be assessed against the owner of such Subject Parcel. In addition, each Subject
Parcel owner shall be exclusively responsible for the costs of installation, operation,
repair or replacement of any facilities used solely by that party, including individual
service lines and any individual storage tanks. Otherwise, the Subject Parcel owners shall
cooperate to operate and maintain the Water System and to pay any associated costs for
maintenance, operation, repair, replacement, or improvement of common facilities. Non-
essential maintenance, operation, repair, replacement or improvement of any part of the
Water System shall only be performed after consent of all Subject Parcel owners.
5. Emergency repair of Water System. In the event that the Subject Parcel
owners are unable to agree upon any maintenance, repair replacement or improvement
necessary to continue water service, any one of the Subject Parcel owners shall be
entitled to undertake any maintenance, repair, replacement or improvement necessary and
essential to allow continued water service. In the event that any Subject Parcel owner(s)
decide to undertake any such work absent the consent of any other Subject Parcel
owner(s), he or she shall notify the other Subject Parcel owners in writing. The Subject
Parcel owners) undertaking the work shall, upon completion, provide the other owner(s)
with a written statement of the work performed and an allocation of each Subject Parcel
owner's share of the costs.
6. Use. In-house use of water from the Well shall take precedence over
outside lawnand irrigation. In the event of a shortage, all Subject Parcel owners shall
cooperate and shall reduce their uses accordingly to conserve water. So long as sufficient
water is available, each Subject Parcel owner shall be entitled to irrigate up to 21,780
square feet (1/2 of an acre). No Subject Parcel owner shall be entitled to waste water,
and each owner shall exercise prudence and conservation in the use of water in order to
allow for the efficient and beneficial use of the Well.
7. Storage. Prior to commencing operation of the Well, the owners of the
Subject Parcels shall install a cistern with a minimum storage capacity of 5,000 gallons to
provide shared storage of water produced from the Well. Construction and installation of
the cistern shall be the responsibility of the owner first connecting to the Well; upon
connection to the Well, the owner of the second Subject Parcel to connect to the Well
shall reimburse the owner the first Subject Parcel for his pro -rata share of the cost of the
cistern. In the event that the pumping rate of the Well in combination with the storage
provided by the cistern becomes inadequate to meet the daily in-house use demands of
the Subject Parcel owners, the Subject Parcel owners shall cooperate to purchase and
install a larger storage tank or improve the Well. The provisions in Paragraph 2 above
regarding easements shall apply to any storage tank(s) installed pursuant to this
provision. However, the owner of the Subject Parcel upon which the tank will be located
shall have reasonable discretion to determine the precise location of the tank.
COOK•Dcclaration rc Wc11 Sharing -lb 3
•NOV 09 '99 12:41PM CALOI4& HOUPT, P.C.
10
•
P.5
8. Payment of common expenses. Each Subject Parcel owner shall pay his
or her share of common expenses within fifteen (15) days from the time at which a
written statement of expenses is presented for payment by any other Subject Parcel
owner(s). In the event that a Subject Parcel owner fails to pay his or her share of common
expenses within thirty (30) days of presentment, interest on the unpaid amount shall
accrue at the rate of eighteen percent (18%) per annum, beginning thirty (30) days after
presentment. In the event that any Subject Parcel owner fails to pay any amount due,
including any accrued interest, within six months from the date of presentment for
payment, water service to the delinquent Subject Parcel may be discontinued. However,
notice shall first be given to the non-compliant Subject Parcel owner by certified mail
sent no less than thirty (30) days prior to termination of service to the last known address
of the delinquent owner, Any Subject Parcel owner(s) that have paid the delinquent
owner's share of costs and expenses shall be entitled to pursue any remedy available at
law or in equity for a breach of this Agreement, and shall be entitled to reasonable
attorneys' fees and costs incurred in the collection process.
9. No other wells. No other wells may be drilled upon any Subject Parcel
absent the unanimous written consent of all Subject Parcel owners. This is due in part to
the fact that the drilling of any such well may jeopardize the status of the Well Permit for
the Well which is otherwise exempt from administration under the prior appropriation
system pursuant to Colo. Rev. Stat. Section 37-92-602(1)(b).
10. Prohibition of manufactured housing or mobile homes. Manufactured
housing and/or mobile homes are prohibited on any part of the Subject Parcels, except for
temporary use during construction of the permanent dwellings thereon.
11. Maintenance. Each Subject Parcel owner shall keep his or her property
clear and free of rubbish, trash, junk, plant litter and debris, and shall keep the
improvements thereon in good repair,
12. Covenants to run. The covenants, conditions and restrictions contained
herein shall run with each Subject Parcel and shall bind the owners thereof, their
successors and assigns.
13. Enforcement. This document may be enforced by any Subject Parcel
owner or any governmental agency having jurisdiction over the matter, by an action for
damages or for injunctive relief to restrain or mandate any action required by this
document. The interpretation of this document shall be governed by Colorado law.
Unless the parties to any dispute arising with regard to this document agree to an
alternate form of dispute resolution, venue for any dispute arising with regard to this
document shall be in the courts of Garfield County, Colorado. The prevailing party in any
legal action to enforce this document shall be entitled to reasonable attorneys' fees and
costs.
14. Amendments. This document shall be recorded in the real estate records
of Garfield County, Colorado. This document may only be amended by the unanimous
COOK -Declaration rc Well sharing -lb 4
NOV 09 '99 12:41PM CALOI& HOUPT, P.C. • P.6
written consent of all Subject Parcel owners, No amendment shall be effective until an
instrument setting forth such amendment, signed by all Subject Parcel owners, is
recorded in the real estate records of Garfield County, Colorado.
15. Severability. Should any provision of this document be declared invalid
or unenforceable by a Court of competent jurisdiction, such decision shall not affect that
validity of any other provisions, which shall remain in full force and effect.
DATED: , 1999.
DECLARANTS:
Thomas C. Cook
Elizabeth M. Cook
STATE OF COLORADO )
} ss.
COUNTY OF }
The foregoing Declaration was subscribed and sworn to before me this day of
, 1999, by Thomas C. Cook and Elizabeth M. Cook.
WITNESS my hand and official seal.
My commission expires:
Notary Public
COOK•Declaration re well Sharing -1D 5
111
•�
■ ■
NOV 09 '99 12: 39PM CALOI HOUPT, P.C. • P.1
CALOIA & HOUPT, P.C.
1204 Grand Avenue
Glenwood Springs, CO 81601
Telephone: (970) 945-6067
Facsimile: (970) 945-6292
TO: Mark Bean
FAX #: (970) 945-7785
FROM: Jeff Houpt
DATE: November 9, 1999
RE:
ORIGINAL SENT BY U.S MAIL: (yes) � (no)
NUMBER OF PAGES TRANSMITTED: (including cover page)
Mark: At the request of Beth Cook, attached please find a revised Declaration of Covenants. It
contemplates the sharing of Cook Well No. 2 between a 35 acre parcel and adjacent 10 acre
parcel. Legal Descriptions will be supplied with the original. It also contemplates the installation
of 5,000 gallons of shared storage within the Water System. Jeff
NOTE: If you encounter any difficulty in receiving the total number of' pages indicated above, PLEASE CALL
(970) 945-6067 AS SOON AS POSSIBLE.
THIS FACSIMILE TRANSMISSION MAY BE ATTORNEY-CLIENT PRIVILEGED AND IS OTHERWISE
STRICTLY CONFIDENTIAL AND INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY NAMED
ABOVE. LF YOU HAVE RECEIVED THIS FACSIMILE TRANSMISSION IN ERROR, PLEASE NOTIFY
THIS OFFICE IMMEDIATELY AND RETURN THE TRANSMISSION TO US AT THE ABOVE
ADDRESS. THANK YOU.
COOK -fax
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•
7 of 9 11/5/99 8:19 AM
NOU-05-1999 11:55
DIU 5 IWTR RESOURCES 1 303 866 5415 P.01/02
DIVISION OF WATER RESOURCES
WATER DIVISION 5
Office of the Scam Engineer
Dcpar menc or Natural Resources
P O Box 396 (50633 U S Highway 6& 24)
Glenwood Springs CO 81602
Phone (970) 945-5665
FAX (970) 9454741 (call first)
FAX TRANSMISSION COVER SHEET
DATE:
TRANSMIT TO FAX NUMBER:
IMMEDIATE DELIVERY TO: /<' ' L— y,
X47 wti 74.x`~/(
FROM: /��^— .
NO. OF PAGES (INCLUDING THIS COVER SHEET): 2
INSTRUCTIONS/COMMENTS:
Bin Owens
Governor
Greg E Walcher
Executive Director
Hal D. Simpson
Succ Engineer
Orlyn J. Bell
Division Engineer
ofe
re -
�- '—____.5
c�-�
G/c ,
, rµ
If you have problems receiving document(s), please call:
DIVISION OF WATER RESOURCES - DIVISION 5
TELEPHONE: (970) 945-5665
FAX: (970) 945-8741 call first OR (303) 866-5415
NO0-05-1999 15:21
D I U 5 LJTR RESOURCES 1 303 866 5415 P.01/01
UNITED
DEPARTMENT OF
GEOLOGICAI
107'30'
39
R, 91 w. Do w.
\ ,pN
I%,,
Post-it3' Fax Note 7671
Dale /�/Ki947 pages
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From A4 4 '14 �4 . A 4 cej
•V .
Co../Dept.
Co.
Phone #
Phone # 7 eiS` - l 6o r
FaxIIi,�S-77S`
Fax#
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TOTAL P.01
NOU-04-1999 12 31
DIVISION OF WATER RESOUR
11, --
WATER DIVISION 5
Office of the State Engineer
Department of Natural Resources
P O Box 396 (50633 U S Highway 6 st 24)
Glenwood Springs CO 81602
Phone (970) 945-5665
FAX (970) 945-8741 (call first)
D I U 5 ITR RESOURCES
DATE:
1 303 866 5415 P.01/03
FAX TRANSMISSION COVER SHEET
TRANSMIT TO FAX NUMBER:
IMMEDIATE DELIVERY TO:
4 74
3
FROM:
NO. OF PAGES (INCLUDING THIS COVER SHEET):
INSTRUCTIONS/COMMENTS :
C
Bill Owens
Governor
Greg E. Walcher
E<eeutivc Director
Hal D. Simpson
$uee Engineer
Orlyn J. Bell
Division Engineer
If you have problems receiving document(s), please call:
DIVISION OF WATER RESOURCES - DIVISION 5
TELEPHONE: (970) 945-5665
FAX: (970) 945-8741 call first OR (303) 866-5415
NOV-04-1999 12:32
U 5 WTR RESOURCES
1 303 866 5415 P.02/03
WELL CONSTRUCTION XI D TEST REPORT
STATE OP COLORADO, OFFICE OF THE STATE ENGINEER
R OFFICE USE ONLY
1
WELL PERMIT NUMBER MH -36719
; ..,-?;-
•.r,-;.,
�,
2.
Owner Name(s) : Thomas Cook
Mailing Address : P.O. Box 70
City, St. Zip : New Castle, Co. 81647
Phone (970) 984-2933
- ', ` J,,`„
I)—'/- .
APPROVAL * GWS3t '91-03
1 3.� WELLLQCATIONAS DRILLED: SE 1/4 NW 1/4 Sec. 32 Twp. 06S Range 90W
DISTANCES FROM SEC. LINES:
ft from Sec. line. and ft. from Sec. line. OR
SUBDIVISION : LOT BLOCK FILING(UNIT)
STREET ADDRESS AT WELL LOCATION
4. GROUND SURFACE ELEVATION ft- DRILLING METHOD Air Rotary
DATE COMPLETED 08/09/99 TOTAL DEPTH 260 ft. DEPTH COMPLETED 0 ft.
5. GEOLOGIC LOG :
6. HOLE OIAM. (int
FROM (R1
TO (ft)
Depth
Type of Material (Size, Color. and Type)
9.0
0
30
000-010
Topsoil
6.5
30
260
010-260
Wasatch Formation
7. PLAIN CASING
00 (n)
Kind
WuN Size
From (if)
To (ft)
PERF. CASING : Screen Slot Size :
WATER LOCATED :
by
8- Filter
Material
Size::
Interval:
Pack
:
9. Packer Placement
Type :
Depth :
i
REMARKS : Hole was to be abandoned
customer. We did not case well
10- GROUTING RECORD :
because it was not producing enough
Matoriol
Amount
D.rroity
)MonNI
Roca morn
water at the time.
11. DISINFECTION: Type: H1H Amt. Used : oz.
12. WELL TEST DATA : [ ] Check Box If Test Data is Submitted On Supplemental Form.
TESTING METHOD : Air Compressor
Static Level : ft. Date/Time Measured : 08/09/1999 Production Rate : >1 gpm.
Pumping Level : Total ft. Date/Time Measured : 08/09/1999 Test Length : 2 hrs.
Remarks :
13. t trye roes IN. uiwnane rmd. 6w+1n ■rd knew . contmks Uwrvo(,
perjury ii LIN' dapre. end s punhttehl..a ■ da®1 miedomeanor
CONTRACTOR : Shelton Drillin• Corp.Phone
-- - • • :.. . • ..
I,.'-,. ;,.. -.
eno User m.y ar. esc. m m> knows ab.. (Pur *M to toebon 24--104 (19)(a) CRS, Ms nniO g of *Is..eir w�.nta eonsaarers
)
: (970 927-4182
• -.•/, .r- 1• .-
Name 1 Title (Please Type or Print)
Wa ne Shelton / President
Sign.. , i = Date 10/11/99
.. t r 1 �4 1�
_ r
NOU-04-1999 12:32
U 5 WTR RESOURCES
1 383 866 5415 P.83/03
NOTICE OF INTENT TO CONSTRUCT MONITORIN HOLES) AUG 0 f998
T
LOCation : SE 14, NW An A. Seetio cciN�INEER
Township 06 S Range `90 W 6th PM
County Itl
SubOivicton
Lot, Block fl0 ------
1-3
NoIe(s) to be Constructed : Number
Estimated Depth up to 400 Ft. Aquifer Tributay
Purpose of Monitoring Hole(s) Tosting Water Ou end
van ► or ome a sea
:Ownees Name Thomas Cook
Laiseeenet"aName Sem,
Mighty Addr ss: (MAW:Wised Individual/ or Driller)
Ceti W
4trpeny $11r>t Dr I Co .
A4S P ,Box 1 59
C(ty, State, Zip Basalt, Co. 81821
POOne (970) 9274182 Fax No.(970/827'3901.�.--
DOW Lie. No (if applicable) 1005
DOD Sent OW03/09
PPP
141H.
DIV.
RAS MD - GROUND ELEV USGS MAP s
CONDITIONS OF MONITORING HOLE ACKNOWLEDGEMENT
A COPY OF THE WRITTEN NOTICE OR ACKNOWLEDGEMENT SHALL BE AVAILABLE AT THE DRILLING SITE
Wee was provided to the ate Engineer at least 1 days prior to construction of monitof►ng & abemotion hoe (5).
Construttien of ate holes) must be completed within 90 days date date notice given
to a! ise State teine from the Steve Engrnser.
W Water
endlor to 1 shag Snotha l not De a total ofr 200 hours unless r/gas. The oar tten of ate nole(s) is responsible tor obtaining permi1(s) and
Wgter divined th ell eson Shall not 0usedtobeneficial
discharge of fluids produced duringteseng-
eomC us comply
ell rules regulations pertaining
AR work must coanply vuhh the Water Welt Construction Rules, 2 CCR 402-2. tJfitti'mum construction standards must be met or a variance
obtained. be submitted to this office by Ms licensed contractor or e+rtl►oti2ed individual wthir+ 80
Weil Construction and Test Reports (GWS -31) maid
days of tilt completion or the work. u d and seated witt+in one (Q year attar construction, An Abandonment Report
Unless a well permit ie obtained, the hale(s) must beopl isealing.
(farm GWS -9) must be Submitted within 60 days plugging
The awner of the hole(a) should maintain records of water quality testing and submit tie data to the State Engineer upon request
The monitoring hole number. owners structure name, and hole owner's name and address must be provided on all well permit
apptiea Ones), weii construction and abandonment reports- tweR unless tht note or well vAs originally constructed strutted toring Ibr a licensed well construction contractor. e can not be converted to a production terweil (other than a recovery)
THIS ACKNOWLEDGEMENT OF NOTICE DOES NOT INDICATE THAT WELL. PERMITIS) CAN BE APPROVED.
of 1
ACKNOWLEDGEMENT FROM STATE ENGINEER'S OFFICE
FOR OFFICE: USE ONLY
36'719 PROCESS BY
CNTY WD 7 � DATE ACKNOWLEDG
Additional Conditions
COLORADO DIVISION OF WATER. RESOURCES -1313 SHERMAN ET -RM 821 -DENVER -CO 80203 303-8863581/FAX 303-866-3589
TOTAL P.03
• •
Burning Mountains
Fire Protection District
Box 236
Silt, CO 81652
Board
Ross Talbott - Chairman
Joe Montover
Sean Mello
Torn Voight
Gordon Witzke
Don Zordel - Chief
Stu Cerise - Assist. Chief
April 5, 1999
SUBJECT; EXEMPTION
TO WHOM it MAY CONCERN:
This is to inform you that the property owned by Thomas C. Cook on County Road 312; T6S,
R9OW; Section 32 the SE -1/4, NW1/4, NE1/4, SW1/4, W1/2, SEI/4 in Garfield County,
Colorado is within the Burning Mountains Fire Protection District and we do provide fire
protection to same. It should be noted at this time that the distance from the fire station will
cause some delay in response time.
Thank you:
.0-1V^
c1kGeA.-,
Donald L. Zordel C ' f
Burning Mountains D
REPORT DATE 01/22/99
PERMIT D CO OWNER INFORMATION
ACTIVITY STATUS
COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 1
COLORADO DIVISION OF WATER RESOURCES
1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P
CD DATE CD DATE WD MD DB USE DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M
100300 5 23 SWANSON DELMAR V 2834 GLEN AVE GLENWOOD SPRGS, CO 81601
NP 07/10/78 RC 05/21/86 45 D 1.00 GW
141405 5 23 LONG BERNARD R & MARTHA L 7700 312 RD NEW CASTLE, CO 81647
NP 08/28/85 CA 02/24/93 45 D GW
168645 5 23 LONG BERNARD & MARTHA 7700 312 ROAD NEW CASTLE, CO 81647
NP 01/13/93 AR 02/12/93 45 D
99868 A 5 23 BROMLEY KIRBY C 1308 129 RD 4 GLENWD SPRINGS, CO 81601
NP 06/22/78 45 D 10/10/78
99868 5 23 BROMLEY KIRBY C 1308 129TH RD 4 GLENWD SPRINGS, CO 81601
NP 06/22/78 45 D 01/01/40 1.00
101871 5 23 FAAS FAYE B 214 8TH STREET GLENWOOD SPS, CO 81601
NP 08/29/78 OC 08/29/96 45 D 10/14/78
90492VE 5 23 LASHLEY LINDA 7225 CO RD 312 NEW CASTLE, CO 00000
AV 10/12/90 45 DS
158787 5 23 LASHLEY LINDA P 0 BOX 512 KERRVILLE, TX 78029
NP 10/26/90 45 D 12/31/60 1.50
176763 5 23 COOK THOMAS C P 0 BOX 392 GOLDEN, CO 80402
NP 03/07/94 EP 03/14/96 45 D
176764
201227
176765
176766
5 23 COOK
NP 03/07/94
5 23 COOK
NP 01/08/97
5 23 COOK
NP 03/07/94
5 23 COOK
NP 03/07/94
THOMAS
THOMAS
THOMAS
THOMAS
C P 0
C BOX
C P 0
C P 0
BOX 392 GOLDEN, CO 80402
45 D
392 GOLDEN, CO 80402
45 D
BOX 392 GOLDEN, CO 80402
45 D
BOX 392 GOLDEN, CO 80402
45 D
25.00 115 15 0400N,2320E NWNE 32 6 S 90 W S
2350N,2400E SWNE 32 6 S 90 W S
GW 15.00 20 8 2540N,2400E SWNE 32 6 S 90 W S
15.00 160 55 0950N,1400W NENW 32 6 S 90 W S
15.00 45 0950N,1390W NENW 32 6 S 90 W S
1.00 GW 5.00 255 20 0480N,2240W NENW 32 6 S 90 W S
GW 4300S,5250E NWNW 32 6 S 90 W S
GW 15.00 77 4300S,5250E NWNW 32 6 S 90 W S
GW 1550N,2400W SENW 32 6 S 90 W S
GW 2000N,1800W SENW 32 6 S 90 W S
GW 10.00 56 35 1550N,2400W SENW 32 6 S 90 W S
GW 18505,2200E NWSE 32 6 S 90 W S
GW 0475S,1650E SWSE 32 6 S 90 W S
Form No.
GWS -25
APPLICANT
UFFIUt UF I FA!' A I t EN(a1NEEH
COLORADO DON OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman SL, Denver, Colorado 80203
(303) 866-3581
THOMAS C COOK
P 0 BOX 392
GOLDEN CO 80402
( 303) 985-8705
PERMIT TO CONSTRUCT A WELL
J
LIC
WELL PERMIT NUMBER 176764 -
DIV. 5 CNTY. 23 WD 45 DES. BASIN MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 NW 1/4 Section 32
Twp 6 S RANGE 90 W 6th P.M.
DISTANCES FROM SECTION LINES
2000 Ft. from North Section Line
1800 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDMONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules
2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well
Construction and Pump Installation Contractors in accordance with Rule 17.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40 acres described as the
W 1/2 of the SE 1/4 of the NW 1/4 and the W 1/2 of the NE 1/4 of the SW 1/4, all in Sec. 32, Twp. 6 South, Rng.
90 West of the 6th P.M., Garfield County.
4) The use of ground w
single family dwelling
domestic animals.
ater from this well is limited to fire protection, ordinary household purposes inside three (3)
s, the irrigation of not more than one acre of home gardens and lawns, and the watering of
5) The maximum pumpi
6) The return flow from
non -evaporative type
ng rate shall not exceed 15 GPM.
the use of the well must be through an individual waste water disposal system of the
where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
DIVISION COP',
APPROVED
JD2
State Engineer
Receipt.No. 03664168
DATE ISSUED Mail 4 1994
/
By
EXPIRATION DATEMAR 1 4 19 S 6
97/7
u �_
I'
1) This well shall be use(
the permit does not a
another owner of a ve
2) The construction of tl
unless approval of a v
and Pump Installation
3) Approved pursuant to
as the W16,SEA,N
Garfield County. This
4) The use of ground wa
3 single family dwellin
of domestic animals.
5) The maximum pumpir
6) The return flow from
non -evaporative type
7) This well shall be con
NOTE: Expired perm
Parcel Identif
Assessor Tax
t-orm 140.
GWS -25
�✓ CSS
4
APPLICANT
Vii{4c Vr- 1 ',Lill:A.1c c1YL311Yc1=r!
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3561
LIC
WELL PERMIT NUMBER 216193
DIV. 5 CNTY. 23 WD 45 DES. BASIN
MD
Lot: Block: Filing: Subdiv:
THOMAS C. & ELIZABETH M. COOK
P.O. BOX 70
NEW CASTLE, CO 81 647
(970)984-2933
PERMIT TO CONSTRUCT A WELL
APPROVED
DMW
Receipt No.
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 NW 1/4 Section 32
Twp 6 S Rng 90 W 6th P.M.
DISTANCES FROM SECTION LINES
2000 Ft. from NORTH Section Line
1800 Ft. from WEST Section Line
;SUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
in such a way as to cause no material injury to existing water rights. The issuance of
;sure the applicant that no injury will occur to another vested water right or preclude
sted water right from seeking relief in a civil court action.
lis well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,
ariance has been granted by the State Board of Examiners of Water Well Construction
Contractors in accordance with Rule 18.
CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of ±40.0 acres described
W 3/4, and the W 1r4, NE 'A, SW Y4, Sec. 32, Twp. 6 South, Rng. 90 West, 6th P.M.,
well is identified as: Cook Well No. 2.
ter from this well is limited to fire protection, ordinary household purposes inside up to
3s, the irrigation of not more than one acre of home gardens and (awns, and the watering
g rate shall not exceed 15 GPM.
the use of the well must be through an individual waste water disposal system of the
evhere the water is returned to the same stream system in which the well is located.
>tructed not more than 200 feet from the location specified on this permit.
t 176764, was previously issued for this same location and legal description.
cation Number(PIN): 23-2183-324 00-012 .4,-.77-„
Schedule Number: 017130
State Engineer
DATE ISSUED APR 2 1 `9+9 EXPIRATION DATE APR 21 2001
f
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• •
We, Thomas C. & Elizabeth M. Cook, own f 54 acres on County Road 312. Legal
description enclosed . We are applying for an exemption of 2-5 acre parcels so our childre can
build their homes.
Signed:
Date:
`> ` '�.• �J `.� \ -� �.. I i?/_ \y cIN is
•..�v� ' ante-7' tar st .i `�� 1 J/^'-
‘1W11
J� f? ^✓I '., :\ , ''� / i �� 2
_\ \ 1 �v�. untain'. C �. ��. ✓'` I ( -r-N.,.- / J r �^ I {��, -1�\�
� ..'. ' yr- � � _ �� A 11;, t `,' / ,/-r.,� , '�
v\�`, r'' f �tl\�\��.�pp J I'''mo__,;- )) II \
Amie Butler & Company
115 North 5th Street, Suite 210
/0
Site Plan
• •
l) Trish, Donald Jr., Lashley , Linda 58%
Broach Quinda & Gary 25°'0
PO Box 512
Kerrville,Tx. 78829-8512
Active Status A
2) J.D. Miller
7518 312 road
New Castle, Co.
.Active Status A 887518 312 Road
3) First assembly of God
558 E. 5th St
Rifle, Co. 81658
Active Status A
}) Hanson. Harrold C& Arlvs N
35448 Hwy 47 N.W.
Cambridge, Mn.
Active Status A 887698 312 Road./55888-7563
5) Bureau of Land Management
PO Box 1889
Gleenwood Springs Co. 816482=1889
Active Status A
• •,
•
�pYp
2 v,•i r>+g, .r -
tteerpuen 1te.
QUIT CLAIM DEED
iaf IGM wan mat=
whose address is 3105 S.Y. Montsbeils P1., Palm City,
k County of Martin
, and State of
Florida , for the consideration of One dollar (1.00)
and ether good and valuable consideration
Dollars, in hand paid,
hereby Pellis) and quit clsim(s) to WIGHT MGM TERRELL, as
Trustee U/T/A dated November 10, 1989
whose address is 3105 S.V. Montebello Pl.. Pals City,
County of Martin
eolt n 21.8
Jirro't°ig4
State Doo. Fee
, and State of Florida , the following real
property, in the County of Garfield
, ',rid State of Colo -ado, to wit:
Nis one-half interest in the Dwight 1. Terrell h Thomas
in the following described property, to -wits
S11>} NMS. NE* SM}, M} SD}, all in See. 32, Township 6 3,
And priorities No. 170 and 1728 in Bellodl No. 1 Ditch
Creek, Dist. 451 and priority No. 171 in Bellodi No. 2
Garfield Creek, Dist. 45,
also known as-frtrreta7rdtnnn4.er Terrell Cook ranch
C. Cook partnership
Range 90 V 6th PM
No. 112 from Garfield ,
Ditch No. 113 from
with all its appurtenances
Signed this day of ., ,19 g
"cs Ac7(4;:vArtriv 4„z&J/
!TATE of COLoRAL)O,
County of fiKA>°.4No6.
Ths tor.Roint mat rum.nt was aeknowl.dp►d Wore ms this
LS 71 al" DSC! 6,4 r r bats t. re KRELL
My eoegq\I• job n �s
09 (;ama1in
� GEPI. Mak an
s
it
4t
}SS.
WITNESS ray hand and of ‘al oval.
zf1/441
.�
day of
\•\ • t
6\ r e1�.t. Lar✓ : �.. �r , .
,i,
Naar
• .r•
• :.
•
1400!"*Medet I.,
41.'44*.t== -43andr11101141 till•IMODIE.- -,:istsbietsu
field' Dr/Wei' liddee, Ahntatt,ef Jet fistesov State is ,
bre, end 1141011(1111423CI'Dood and encluurcartant =tilts*
iet 11111,1111DA UM= AMOR 1119012atin wow Dated:Sato* -704991i;
-'14; IegaU, -Adams, t 11597. duantefle1C- Driiree- Oeldekf ;enmity
, .44st blame, ; atat• et ,colotatari
y4,4 'r'•(' ••'; Liiec V.I..; .717" .."‘4-A'r*344'
---nnsngg
• , • •-•13.5-' 4 "1-.."*Iiii; t"At .
- - • • • a •, " • _
d'••• '• •
• COLORADO•• 14.4 •t:i4,Ate #4; 1-•
at the Creators, for and in consideratiati:et. the Inns of
Dollar and Other Cosnaiderationc, the receiptand! sufficiency,:
which- is hereby ecknowledged,N,bave --temieed, releaged, 7(eold"
conveyed, and WWI CLAIM. unto the Grantees their successors 1.6
interest and assic,se,- ferevar, all the right,- title,,,--intereit
'alai*, and demand which the Grentore hair* in -and to the
property, together 'with improvements, If any, situate,' lyinse and
being in the
i
-)odo..-.se---;, c,ri-..,be•i
r
An undivided onealourth Interest isiand.to theitalliswitig
,.-
described real pxapertyk to -wits 4 -40 `4, ' e,i' t'•
,-, ., 5, , i,,, . ,,,,,- , .
The selitheast 1,4 of the Nortierpet 1/4," the ilortheaet1/4ft
of the Southwest 1/4, and the !lest :1/2 of -the Southeast'
•-1/4, all in Section 32, Toanship 4 Seethrilange 90 West
of the 6th P.M. :', -';. 7‘',5- '1' 6,..'- - '': Z
TR -. ' - . • ' ' -1 ,' ii`;4 -1: ,. , 7 ..:,•-•., - -‘,,- -; -1..'''.4,V,,eitr4
' ..."0 • ,TOGEER WITH Priority' Sos., 170' and17214: in Bel • .110.-
• :::. • 1 Ditch no. 112 frau Garfield Creek, Diatritl. 45 and4
- - Priority no. 171 in sellodi So. 2.Ditch- 100,4.1e113-.;froeu
Garfield crook..., District 454- 4:.•-.!-, -!,.- i -.f.,.--•,;: .- -,',4,••,1.-,4 al,,tid.`',:if::?',.,:,t;I'•
also known as the Terrell 'beek kancit'iC.
Garfield. iiCity-;..Ciiitkiiiido
1 • Itt Bin AND To vow the- ease,- together wittsidr and •
' • •
' appurtenances and privilege, tbereunto belonging or in arrywiee'%-'
S'•,-4:7•4
thereunto appertaining, and all. th• estate, right, title,
and claim whatsoever of the .Grantoxe, either-in.:kw Or, •quityito
the only proper use,' benefit -and 'behoof; .of the Uranteeset,,
successors in interest and
• •
wise vtaintsor, ▪ `hirow'Alicsautod
• 'the date set forth
vcAl
: • TROSIAS C. COO&
' • •.• • TIRO& COOK
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A f• 4,--,zoregaing instrument was ACkflowledged:qefore'- me
isf March, .1991, by TmOngult C.: COOK ant Want
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mi
• 43,
• .43.,„ -Amy q slam expires adkijaK,_
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,,.. notary -,Pub E a ••!•'
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•-•e.,:41.,- ;...- :;:„4/0t4-.4.,irelt •-•-`
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d TIM .9_11e':,,COOlto Athos! e. 40;1,-
1.1d Drive, • dell, .- Cesiatr if 'lettermen ;-11tatit44•:
bre,end TIMM CSIPLA111- COOK' ant 111321LISINIZIA0010,Sest
of . PIS, 21110NIS CISPIA121 -COOK, IIIIVOCSSLII. vow Sated aisrilr. Tell*
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,....,4i;.• e levet,' address Le 21331 Iloantsfield Wive, -Goldoni:
,
tr/effereast. Stets -Of le03.0eado,•f Granteee.::,-4. `-t,."--Zi .44(
.... ...
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-..-;::!,..!1?°4`.-...t!,i 14'.? ''' • -- • :-•-;.;:)i4::-‘74.tri•:,,-:,•*. ‘.- ••;.:.-;,:,'•:'-*-, ', ;,4.,',4i'i':"; :.,,—.44,:',':"! 4,it. ii,F.,
1 • '.1
'Dollar; : and Other COnsideration0,1 the :'reoeiptrLand:- SoffilliennY:' • .,iit4::,ii..,,,:t,,,,_
'' That .the Graniore,.•.for and. La ionwideratine. ar,.Pie allaiof Z. 4fit
•
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which - is '',, hereby eclakowledged,:'havvi,. remised, •.' rilleillettiit!4ieoldi t,.
i-' •'
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eeT•dc. and WIT CAIN .unto -,the Grantees, .t,Mtir seocessorw4i
n.
interest and insigne, • fotever,- all. -.the right, ..title,-_-iffttereati-T "I('''....w,'.*,;'''
..4 '.'''''''.' 4 •4 :
!,- ''..islikim,; and demand which the- Grantors - have in.;. and • tek-•-the-;:,
prepertyr. together with.lieprovemente, , it any; - situatAi,, iyinqi ' and ,•,1
being in . the County of,,,clarfieldkitat,:ef._,COloreelop-.'dosarlbsdae-
,'„/ - # ft ,..
follows!! - •*,;;::::;- ...;:.,-...,.„i;.-;:-‘.,:p*,,,-;-,,,.i-,.. ,..' ..i.-;., : --.,",-!.?;::,f..,-,"--'.-5?).----,....ege,--fig Si
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' .. ... :1: i Ali undivided one-fourth intereetTin - :to tn.'
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,..,,,,.. '-.._' #7,-';5'1:
titi Southeant t/4 ?if ih iliiii+.116:t• ii4.-•-thigIlliiitairt'lii •
• ' ' ", .'i,L:. of the Southwest 1/4; and the West 1/2-..of-the•Soutbialit::-
. '.'. 1/4, all in Section 32, Township .26, lioethit.,:itangii:. 10, .at
- f - , ' • 11: of the 6th. Piin.-ce---:',.• •i'ft-V.-:, :•••111, ke-T.,-i-nlr-,-- - ' -#-'--;_,- -,:,:;,''.- 1,,•-• - - '-' "" -
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ase
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priositt. Noll: 4/0fr, end' 1.7211' LW Iiiididiseci'• ''..h•• .,,,,,
1 • Ditch .no. ' 112 ' from. earfieltfereek,'7Distriat-i74S.Pand':.
4.
, Priority No:•,171 in nellodi-. 1,14,-.2.!- Ditch no:-. 1.11 ' • .. .10%;!=f ., . • : ..• • •
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, . t !-:. atio..Itnown:aii
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the Terrel1L.Cook -Itanoht•tarfield
TO
i •': .! the appurtenance, end . privileges thereunto belonging-oti
- •-. • 12t1inywieer
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cis Kiva •AIND
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thersant0 appertaining, and all:the estate, right,' titleriitterent .v1`1 •
! and, claim •Whatsoever -of .the Orantorso..•either in -law ornquity0,
fvi the only proper use,1- benefit- and.behoof of ',the--:..arenteeei
,..'iluecessore in interest..and,asiiigne-frever:,ri'ul:,'-'1':0-%-k.
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W.AkR,1M1'1' 1)1.11)
'YJWICHT EDGAR TERRELL, as Trustee 11/T/A dated
November 10, 19890
whose ai<hiss is 3105 S.W. Montebello Plnre,
Pe,.ttil City, "Comms,d MArtin
Stale of
r
P1ltrida 34990 . tor 'h,'.,,mulcrati,mof
Twenty-five Thousand h No/100-Milars. In hand pawl. henhs .014.1
808
VARi tetD
ilt
and conslnisl.to THOMAS CHAPLAIN COOK And THF.PA HARRIS COOK. l'rustees of The Thomas 1
i4),
.Chaplain Cook Revocable Trust dated March 7, 19')1. 1
whisw IeF:da,Wnssis 21557 Mountaffield Drive, Golden
(',suns of clef feison anal ~tate of
Colorado 80401. "' 1't
, and Slab ��
the 101hwstnF real pmperh In the Counh' ,d Ga r f t e ld t)
+,
Colorado. m wit ' i'l^ ff
An' undivided one-fourth (1/4) interest in the following described property: 1[1
The Southeast Quarter of the Northwest Quarter (SE1/4 Nb:1/4). Northeast Quarter:-
of. the Southwest Quarter (NE1/4 SW1/4), And the West One-half of the Southeast
Quarter (W1/2 SE1/4), all in Section 32, Township b South, Range 90 West of thetTlV
6th F.M., together with all water rights appurtenant thereto, including wlthbut;1
limitation, Priorities No. 170 and 172R in Bellodi No. 1 Ditch No. 112 from tt.3
Carfi dd Creek, Dist. 45, and Priority No. 171 in Bellodi No. 2 Ditch No. 113
'.from Garfield ('reek, gist. 45, and together with all mineral rights: 'r
also, kr »:n bs street and number as vacant land
with all its appurtenances. and ..arrant, .i the title to the same. subject to the lien of the 1991 general
property tax.
Signed ilk 1st
Jas .,1 July , 14 91.
STA•G 01- COLORADO.
Counts ,
fig Edgar Te- l'
el, /T AI IA .`
dat-• NovembeO. 1989 .
-Thidlucglnng instrument was aw nossledged hefun Ise this / I _ day of
by Dwight Edgar rrell ar Trustee U/T/A dated Novembeir 10, 1989.
My crinunlsslon espxrs, NZ- i .i" 1 . \4' &gess my hand and official seal...
, 19-91
'II ,n Ihn.c, :n.cn :Cl„ nul
44 -
i'• .t..
. Y .
*mV � �_ti _ * Owl .—_ m 10.1991
11'JIRRANT1 IU F:1)
(.?i,ft tat :flW1GRT EDGAR TF.KRF1.1.: ss Trustee U/T/A dated
i :.lorelsbar 10. 19A94
w}nrst• ddrt s is 3105 S.W. Mont rhel In Place,
Palm Cit)-. 't••untlol Martin
Florida 34990
Twenty-five Thoti ind h No/100--.h.11..t..
t.11.:` 01
hK the t"'n•, ct.i u,n
in h,md p:nd. hcn'hs vIltst
a.;' •'.1'r-SY.•sf 1L-'� �? n;r _ _. - .-tt3?�1t.:'t
600K SOS n6
•
GARi IE1D L`
lac 11.9 1991 .a�.
:ttul c.mvo,i.l to THEDA HARRIS r'1' /t_ •nd THOMAS CHAPLAIN COOK, Trustees of The ThcdA - I.
Harris Coos Revocable Trust .t.,.1 March 7, 1991,
%shoo Icea1.hldres• • 21557 Mountvt ield Drive,Golden
( .' ufs .,t Jefferson athl Stats ..I Colorado 80401
the tolh.wtr.c r'al t.n.petls nt the (Dorm od Garfield , and Statdni
('oh,rad., t.twtt
r';1
An undivided one-'outth ('./41 interest in the following described property: «al
The Southeast .)carter of the Northwest Quarter (SE1/4 NW1/4), Northeast Quarter
of the Southwest Quarter (NE1/4 SW1/41,•and the West One-half of the Southeast: •.
Quarter (W1/J SEI,'.'), all in Section 12, Township 66 South. Range 90 West of the 1 1
6th P.M., together with all water rights appurtenant thereto, including without'
limitation, Priorities No. 170 and 172R in Bellodi No. 1 Ditch 11o. 112 .from
Garfield Creek. Dist. 45, and Priority No. 171 in Bellodi No. 2 Ditch No. 113,;:.1,
from Garfield Creek, Dist. 45, and together with all mineral rights;
ako known by stere' and number a., vacant land
. I. .i:
with all its .appurtenances. end ‘%arrant(sl the title to the same, subject to the lien of the 1991 general.
property tax. `
1.41
Signed this !-rt dal 01 July
SrArL OF 't)LOBAIK).
Countp ut
.19 91
ht �Edgar' rr 1, Trustee U T/A j;
d4'ted Nov:m. r 10, 1989 ,
The 'foregoing instrument was acknowledged heli tc me thus — day of
I?) Dwight Edgar Terrell as Trustee U/T/A dated Novembe
.My comnntstun expires
/✓
'it .n tens, . tnsert 1)1. and •
my hand and official seal.
1991
•
;i
4
is
1:. .
MIRED Z 0461 F P-'i>'IGARF1fFID COURT CUM AIC 06t06/66 12t2OP PO 1 �RECORDER
tar It = } tMATCLAMM D}I;D
• Itlml t w'n. Mule thh .t2 -""day d Com.• a...h
THEDA HARRIS COOK as Trustee of the
e000k Revocable Trust dated March 7, 1991,
IIARRIS COOK as Trustee of the Thomas Chap
Revocable Trust dated March 7, 199
of the nanny of Jefferson
Colorado, gratttatst. and
THOMAS CHAPLAIN COOK
whose legal address Is
of the
countynf Garfield
REC DOC
8.00
19/6
Theda Harris
dnd THEDA
lain Cook
and State of
W1TT1FSSE1lt. That the ',amorist foe and In consideration of the sum of
ONE ($1.00) DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION mar;
the receipt and sufficiency of which is hereby acknowledged. ha S remised. released. sold and QUITCLAIMED. and by
these presents do es remise. release. sell and QUITCLAIM umn the grameeril. h i s heirs. successors and assigns,
forever, all the right, title. interest. claim and demand which the g amnnsl ha S in and to the real property together with
improvements, if any, situate. lying and being in the County of Garfield and State of
Colorado, described as follows
and State of Colorado. Itrrnteelst,
a.
The Southeast Quarter of
of the Southwest Quarter
Quarter (W1/2 SE1/4), all
6th P.M., together with a
limitation, Priorities No
Garfield Creek, Dist. 45,
'from Garfield Creek, Dist
•. i !
1
• i
•
the Northwest Quarter (SE1/4 HW1/4), Northeast Quarter.
(NE1/4 SW1/4), and the West One-half of the Southeast
in Section 32, Township 6 South, Range 90 West of the
11 water rights appurtenant thereto, including without'
. 170 and 172R in Bellodi No. 1 Ditch No. 112 from
and Priority No. 171 in Bellodi No. 2 Ditch No. 113
. 45, and together with all mineral riohts
PROPERTY TRANSFER PURSUANT TO COURT ORDER
a.?; F;r
1,1
a
also knowntry street and number as: vacant land '•
assessor, schedule or parcel number-
TO HAVE AND.TO HOLD the same. together with all and singular the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining, and all the estate. right, title, interest and claim whatsoever, of the grantortst either in law or equity_
to the only proper use. benefit and behoof of the ramee(s)
h i S bolas and auigts forever
IN WITNESS WHEREOF. The grantor,sl ha S executed this deed on the date set forth above.
%�
THEDA IIARRIS COOK as Trustee of the
THEDA IIARRIS COOK REVOCABLE TRUST
dated March 7, 1991
STATE OF COLORADO.
Casino 1 t t\) t(1
The foregoing instrument was acknow ged before me this
by Theda Harris Cook as Trustee of the
March 7, 1991, and by Theda Harris Cook
Revocable Trust dated March 7, 1991
My commission expires °-,z1,t3., '� ( CO
"fin Denver. insert City and".
THEDA HARRIS COOK as Trustee of the
THOMAS CHAPLAIN COOK REVOCABLE TRUST
dated March 7, 1991
Kiss-
day of
Kiss -r' �1 ►yl . 1996
Theda Harris Cook Revocable Trust dated .•�
as Trustee of the Thomas Chaplain Cook ,.i
Witness my hand and official seal. ,
•
.♦ V
ib C&) .'
•
,
D-001 P-70 00/08/08 12:22P POO OR I
MILAIS . CARPI= COUNTY CLERK AND RECORDER
QUIT'C'LAIM DEED
It-'
fl tit Made this dl df
"THEDA HARRIS COOK
�
afthe � K'cam.or Jefferson
("Atttade,. grantor(+A and
THOMAS CHAPLAIN COOK
whose legal middens h'
PEC
e. 00
, 1996
and trate of
Courcy of Garfield and State of Cobrado. grantee ).
WfTNMSETH. That the grsmons). Rx and In cnn oderatk,n of the sum of
ONE (S1.00) DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION
preform do Erhe receipt and sufficiency awhich is hereby acknowledged, hE retuned. remised. reled. sold and QUITCLAIMEDand Doling
y
theseremise. release, sell and QUITCLAIM unto the granteetsl, h 1 s heirs. sucaesson and assign".
IRinser. all the right. title: interest. claim and demand which the
. grunions) ha S in and b the real property, together Mat i
improvements. if any. situate. lying and being in the Courcy of Garfield and Stale e+i;
' I' Cahoon+. described as follows:
II•
The Southeast Quarter of the Northwest Quarter (SE1/4 NM1/4), Northeast Quarter
Quarter (NE1/4 SW1/4), and the West One-half of the Southeast t'i
Quarter (W1/2 SEI/4), all in Section 32. Township 6 South, Range 90 West of the '
!! 6th P.M., together with all water rights appurtenant thereto, including without
limitation, Priorities No. 170 and 172R in Bellodi No. 1 Ditch No. 112 from Garda
j field Creek, Dist. 45, and Priority No. 171 in Bellodi No. 2 Ditch No. 113 from
it Garfield Creek, Dist. 45. and together with all mineral rights
li
PROPERTY TRANSFER PURSUANT TO COURT ORDER
abo known by street and number as: vacant land
assessor's schedule or parcel number.
TO HAVE AND TO HOLD the same. together with all and singular the appurtenances and privileges thernnto belonging or in
anywise thereunto appertaining. and all the estate. right, title. interest and claim whatsoever, of the gr ntoflsa Miser in blw or equity,
• to the only prover use. benefit and behoof of the grameets) his hers and assigns Rxevei
IN WITNESS WHEREOF, The gramorts) has executed this deed on the date set forth above.
zO-A
Theda Harris Cook
STATE OF COLORADO
• ,y 4 :
• r
•
•14w. -1‘ -
Sag r
Courcy of` tj0} TE.N.) CLr
n1bw� y ✓ 7 '1 3 vi.
eg
The foroing instrument was act( ledged before me this as x
by Theda Harris Conk. dry ar (� ' .Is96
My commission expires 776t.i.) •
'If in Denver, insert "City and' .
1i9 -r.
Witness my hand and official sea).
Evk
>�naQf�ly
°c�,� C.e)..
t`
Nov mil *dims rPenn Cm...,Mow* C,....terD„vramMnssra.s.0 J
v';.r ,. is r• � ' �, ��•i i - 'C '•si F ...
t .. .
t.r.^ �^.- t ps '•'S" .. . :9 . f r�4S- �
4,. 15-993 P.4 O9/20/ge 11)f 2A 1O 1 OF 1 MC.�
M11DR D A1MORF • GARFIE D WJ(fl CLERK AND NECORDFX • 0:00 - . -.w ..
QUITCLAIM DEED v...,,,;-. f•
-# ' p
eCE 46 ^ .M DEETHOIAS HAPLAN.COO17T1 AayKAS TRU Or THE tHEDA HARR S i
K REVOCABLE TRUST -DATED MARCH 7, 1991. AND THOMAS CRA AIN
K AS.TRUSTEE OF THE THOMAS CHAPLAIN COOK REVOCABLE TR :T
OR MARCH 1, 19 of JEFFERSON and State of
Colorado. palam(sI and
'''THOMAS CHAPLAIN COOK
low ee kcal address h - P.O. BOX 718, GRAND LAKE. CO 80447
of the
Caonty of JEFFERSON
and Nutt of Colorado. groomers),
WITNtS ETH, flat the piMa(s1• *wand In considentian of the sum of •
'ONE DOLLAR AND OTHER GOOD ANP VALUABLE CONSIDERATION --- ----- . Man
the receipt and sallkiency of which is hetehy adnewledpad. has remised. released, sold .nd QUI TCLAIMED. add hy,,
these presents do es amiss. release. sell and QUITCLAIM unto the gmmeelsl, his hero, faueesfoa and afytu.'f
*ae et aS the riest. title. imeeest. Maim and demand which the prantonsl has in and to the e0Olemperry. lapetherwehr 1
impnwemeras. if any. situau. yina and beim in the County of GARFIELD and S.siatf"t
Colorado. described as follows: . • . . •. f i
` The Southeast Quarter of the Northwest Quarter (SE1/4NW1/4), Northeast Quartet,.
of the Southwest darter (NE1/4SW 1/4), and the West One—half of the Southeast'_;
Quarter 071/2SE1/4), all in. Section 32, Township 6 South, Range•90 West of thiE
' 5th P.M., together with all water rights appurtenant thereto.including without
limitation, Priorities No. 170 and 172R in Bellodi No. 1 Ditch. No. 112 froze.."
Garfield Creek, Dist. 45, and Priority No. 171 in Bellodi No.. 2 Ditch No. 113
from Garfield Creek, Dist. 45, and together with all mineral rights
PROPERTY TRANSFER PURSUANT TO COURT )RDER
also known by street and number as
assessor's sdedule or pared number. 1x'
TO HAVE AIND TO HOLD the same. wieder with all and singular the appnnenanca and pen:dein thereunto helm*
anywise thereunto appenaining. and all the ramie. right. title. interest and claim whataoerea of the {nnioris4 either In lawI. ar
to the oNy proper use benefit and behoof of the grummets) his heirs and assigns former. .•
- iN WITNESS WHEREOF. The motorist has executed this deed on the date set forth above
i i pI ti {i
II THOMAS CHAPLAIN COOK AS TRUSTEE OF THE THOMAS CHAPLAIN K AS TRUSTEE'0F
.THOMAS CHAPLIAN COOK REVOCABLE TRUST
DATED MARCP 7. 1991 DATED MARCH 7. 1991
'' T
STATE OF COLORADO.
.. , County a O•✓
The foregoing instrumen t wassbefore me this /%M day of 4.40,4•0441.... ' , 19 96•i
THOMAS CHAPLAIN COOK AS. TRUSTEE OF THE THOMAS CHAPLAIN COOK REVOCABLE—TRUST 1'1,
MARCH. 7. 1991, AND BY THOMAS CHAPLAIN COOK AS THE TRUSTEE OF THE TMEDA HARRI
C00"..c REVOCABLE TRUST DATED MARCH 7. 1991
„Ml up, , 6 r yl widne. my h.rrd were onkiai «d:
•
U..'•./' j.•� •
-per J
•
v'If1eXki et jpisilkfand".
Name awl Adieu r .....emans w-'
-+d nAr nr.n,.riry;MS ata tit R31 y �,.,.nf.4 .._. •
MAR -0S-98 10.50 FROM:LANDTITLE ID.971V4784 PAGE 2/3
111111 11111 1 11111 111111 111 IIIIIII 111 1111111111111
521446 03/09/1998 03.50P 81056 P709 M ALSDORF
ti
v F Also known as street and number CARFIE(D COUNTY', COLORADO
1 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO
POWER OF ATTORNEY (SELLER)
KNOW ALL MEN BY THESE PRESENTS, That
TErMAS CFMPTATTt mac
/?O
71
of the �� ( county of C��r fir special trust and confidence in
TS C. COOK, JR
of the ^ County of GAIRYLEAD
and appointed, TEEMS C. MOT 7R.
State of CDLQRADO , has made,, constituted
my true and lawful Attorney-in-fact for me in my name, place and stead, sole use and benefit, to grant, bargain, sell and
convey, any or all of my right, title and interest in and to the real. property legally described, to wit:
'F; EXHIBIT "A" ATTR ED IREIO AND MADE A PART HEREOF:
.,i
\j Said attorney shall have full power, right and authority to make, execute, sign, acknowledge and deliver Deeds with
Covenants of Warrant, Assumption statements, Assignments of Escrows, Settlement Sheets and other documents or writing in
such forms and of such contents as said attorney shall deem advisable and necessary in connection with the sale and
closing of the aforementioned real property.
.J
ti
.,r
The purpose and intent of this Power of Attorney is to clothe my appointed attorney with all power and authority in
connection with said property to the same extent and with the same power and authority which I myself might exercise, and
which power and authority is expressly so conferred; hereby ratifying and confirming each and everything my said attorney
shall do or purport to do by virtue of these presents.
Any acts done by the Attorney-in-fact or agent pursuant to the power during any period of disability or incompetence 1
or uncertainty as to whether the principal is dead or alive shall/shall not have the same effect and inure to the benefit
of and bind the principal or his heirs, devisees, and personal representative as if the principal were alive, competent,
and not disabled. If a conservator thereafter is appointed for the principal, the Attorney-in-fact or agent,.during the
continuance of the appointment, shall account to the conservator rather than the principal.
IN WITNESS WHEREOF, I have hereunto set my hand on this day of.
STATE OF
COUNTY OF
) es.
March 05, 1998
o c (SEAL)
TitAS CHAPLAIN C X C
(SEAL)
The foregoing instrument was acknowledged before me on this day of Mardi 05, 1998
TH3MAS aaPT .A IN COOK
Witness my hand and officj.g e
My commission expires: ''
Form 709 COMPUTER
Escrow # 0+12237
NEY (SELLER)
Titte# 01223706
RETURN TO: THOMAS C. COOK, JR.
P. 0. BOX 70
NEWCASTLE, CO 81647
Notary Public
Gtr
0
AAvi
• 1 mill 11111 111111*11111111111111111111111111111111
EXHIBIT A 521446 03/09/1998 03:50P B1056 P710 M ALSDORF
2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO
TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE SIXTH PRINCIPAL
MERIDIAN
SECTION 32: SE1/4NW1/4, NEI/4SW1/4, WI/2SE1/4
EXCEPTING THEREFROM:
A PARCEL OF LAND SITUATED IN THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 6 SOUTH, RANGE 90
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
STATE'OF COLORADO; SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 32, AN
ALUMINUM CAP, L.S. NO. 19598, FOUND IN PLACE;
THENCE S 00 DEGREES 11'46" W. ALONG THE NORTH -SOUTH
CENTERLINE OF SAID SECTION 32 1324..87 FEET TO THE NORTH -
CENTER SIXTEENTH CORNER OF SAID SECTION 32, THE TRUE POINT OF
BEGINNING;
'THENCE CONTINUING ALONG SAID NORTH -SOUTH CENTERLINE S. 00'
DEGREES 11'46" W. 1045.55 FEET TO A POINT IN THE
NORTHEASTERLY RIGHT OF WAY OF COUNTY ROAD 312 (ASSUMED RIGHT
OF WAY FOR COUNTY ROAD 312 DETERMINED BY A RIGHT OF WAY WIDTH
OF 60.00 FEET AND BEING 30.00 FEET TO EACH SIDE OF THE
CENTERLINE OF COUNTY ROAD 312);
THENCE LEAVING SAID NORTH -SOUTH CENTERLINE ALONG SAID
NORTHEASTERLY RIGHT OF WAY ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 213.92 FEET, A CENTRAL ANGLE OF 05
DEGREES 20'32" AND A DISTANCE OF 19.94 FEET (CHORD BEARS
N. 19 DEGREES 29'44" W. 19.94 FEET);
THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY
N. 16 DEGREES 49'28" W. 410.29 FEET;
THENCE CONTINUING ALONG SAID NORTHEAST RIGHT OF WAY ALONG
THE ARC OF A CURVE TO THE LEFT HAVING.A RADIUS OF 594.49
FEET, A CENTRAL ANGLE OF 31 DEGREES 15'27" AND A DISTANCE OF
324.32 FEET (CHORD BEARS N. 32 DEGREES 27'12" W. 320.31
FEET) :
THENCE CONTINUING ALONG SAID NORTHEAST RIGHT-OF-WAY N. 48.
DEGREES 04' 56" W. 39.22 FEET;
THENCE CONTINUING ALONG SAID NORTHEAST RIGHT-OF-WAY ALONG
THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 315.97
FEET, A CENTRAL ANGLE OF 15 DEGREES 25'16" AND A DISTANCE OF
85.04 FEET (CHORD BEARS N. 40 DEGREES 22'18" W. 84.79 FEET);
THENCE CONTINUING ALONG SAID NORTHEAST RIGHT OF WAY N. 32
DEGREES 39'40" W. 76.63 FEET;
THENCE CONTINUING ALONG SAID NORTHEAST RIGHT OF WAY ALONG
THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1196.29
FEET, A CENTRAL ANGLE OF 13 DEGREES 02'02" AND A DISTANCE OF
272.14 FEET (CHORD BEARS N. 39 DEGREES 10'41" W. 271.55 FEET) •
TO A POINT ON THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF
THE NORTHWEST QUARTER OF SAID SECTION 32;
THENCE S: 89 DEGREES 48'02" E. ALONG SAID NORTHERLY LINE
597.88 FEET TO THE TRUE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO =_-
r
• 1 111110 11111 111111 111111 ill IIIlHI 111 11111 1111 1111
521447 03/09/1998 03 52P B1056 P711 M ALSDORF
1 of 2 R 11.00 D 8.50 GARFIELD COUNTY CO
Filed for record the day of ,A.D. 19 , at o'clock M. RECORDER.:;:
Reception No. By DEPUTY.
WARRANTY DEED
THIS DEED , Made on this day of March 06, 1998 ,
between THOMAS CHAPLAIN COOK
of the County of Garfield and State of Colorado , of the Grantor(s), and
THOMAS C. COOK, JR. AND ELIZABETH M. COOK
whose legal address is 7650 CQunty Road 31?. New Ca 1 81647
of the County of GGarf led and State of 4 ot{)rado , of the Grantee(s):
WITNESS, That the Grantor(s), for and in consideration of the sum of ( $85.000.00 )
***Eighty Five Thousand and 00/100 *** DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their heirs and assigns forever,
not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate,
lying and being in the County of GARFIELD and State of Colorado, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known as street number GARFIELD COUNTY. COLORADO
TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right
title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s),
their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant,
bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the time of the ensealing and delivery
of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,
sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other
grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,
EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1998 AND SUBSEQUENT YEARS. AND SUBJECT TO EASEMENTS,
RESERVATIONS. RESTRICTIONS. COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY;
The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the Grantee(s), his heirs and assigns, against all and—every person or persons lawfully claiming the whole
or any part thereof. The singular number shall include the • ural, and the plural the singular, -rd the use of any gender
shall be applicable to all genders. % ,/ /J
IN WITNESS WHEREOF the Grantor(s) has executed hi :eed op r - date set for j• ve ,
/0 // 4,
Air
i A CHAPLAIN COOK BY: TH S C. COOK
ATTORNEY-IN-FACT /
STATE OF Colorado )
)ss.
County of GARFIELD )
The foregoing instrument was acknowledged before me on this day of March 06, 1998 ,
by THOMAS C. COOK AS ATTORNEY IN FACT FOR THOMAS CHAPLAIN COOK
sa
My commissio - • -
Witness my h- d and ofrFhgpvIQUAC(? •
NOTARY PUBLIC p Notary Public
�'
Name and Address o -•• .rA --0 !. ,c-7 * t '-d Legal Description ( 38-35-106.5, C.R.S.)
Escrow# GW223706 My GOrhmis510n Expires 05/13/9P:When Recorded Return to: THOMAS C. COOK, JR. AND ELIZABETH M.
Title# GW223706 COOK
.1450 deuitzle 24/ 3/ fP-0. c.*2( 10
Form N0. 921A Rev 4-94. WARRANTY DEED (To Joint Tenants) A L , /Q 8/6 4 7
,
• '. .1
ftt�aorded at July 24 1970 dha S keegait Record�et.
2102 PM Recorded at, ;20 o'clock P 11f„ , June 1 ,11970
ttltle#246801 tteceptlon f10 113,1L4.1 I'axwell P. Bar?.
tI'Ifls D tn, Made this 9th day of June + IO 70
between JAMES b. b'RICkSON
of the
County of Houlder find State of Colorado, of the brat part, and
MIGHT E. TERRELL & THOMAS C. COOK
Of the County of Houlder And State of
Colorado, of the second part:
1 eebtder.
Book41
Page 4q::..
+.4
WITNESSETH, that the said part/ bf the filet part, for and 1n consideration oil the atiltelf. - �l '
Teh Dollars and ether good 6 valuable considerationet,-- -=may-�jy-�y��ai' bOLLAtti
to the said party of the flydt pact in hand paid by Said part ies of the Second Plitt, th4 fecllpb *tIIIebf tS
beteby confessed and acknowledged, Mitre ►trahtedl bargalned,sold and conveyed, and by then prmIit dd,'
grant, bargain, sell, convey and confirht, unto the bald patties of the second part,thelitleMFl and eighths feta
ever, all the following described lot or parcel of land, situate, lying and being ih the
County of Garfield and State bf Colotado, to wit:
SE 1/4 NW 1/4, NE 1/4 SW 1/4, W 1/2 S1: 1/4i all in Sec. 32, T 6 S, R 90 W'tith'PM
And priorities No, 170 and 172P in fleilodi No. 1 bitch No, 112'
from Garfield Creek. bids. 45t and priority NO: 1'71 in Heilesdi
No. 2 Ditch No. 113 from Garfield Creek l Dist: 45,
TOGETHER with all and singular the heteditemente and appurtenances thereto belonging, br !e ahyabiee
appertainthg, and the reversion and reversions, remainder and remainders, rents, Jingles and jftoflt4 thereof, and till
the estate, right, title, Interest, claim and demand whatsoever of the said wilt of the flrat part, either to law
or equity, of, in and to the above bargained premises, with the hercditamente and appurtenaheee. •
1O HAVE AND TO HOLD the said premien above bargained and described with the appurtennaeed, uhtd the
said part 4es of the second pact .heir heir, and assigns forever. Ahd the said party • of the first ptitt,
for His self his heirs, executors,and administrators, de covenant, grant, hatpin, and agree to find
with the said part ies of the second part,theirheirs and assigns, that at the tlate of the etisealtng tied delivery
of these presents, they are well seized of the premises above conveyed, tot of good, Kure, perfect, absolute and
indefeasible estate of inheritance, to law, In fee almple, and ha ve good right, full power and lawful tidthority
to grant, bargain, Bell and convey the same in manner and form as aforeeald, and that the Baine ata flee and clear
from all former and other grnhts, bargains, baled, liens, tuxes, essesemehta and encuthbtancee of Whatever land or
nature soevetr except restrictions, reservations, and easements of retordt if gays
also except taxes for 1970 and all subsequent years.
and tho above bargained premises In the quiet and peaceablo possession of the said pert ies of the secdnd part,
their heirs and assigns against all and every peraoh or persons lawfully deleting br to elatttl the whole
or any part thereof, the said patty of the first part shalt and will WATtUAN'F AND > OftEV1✓li 13EVbfett. i.
IN WITNESS WHEREOF, the said pact of the first part ha herehhtd ilet '; .,v,}I dl ifbiliiti
and seal the day end year first above written. 4 0 0 '
l
STATE 01:' COLOitADO, l
.( les.
County of �6lOu-C!'vL 111
The foregoing instrument wa�s�i%7ackno ledged before ma this
19 i0 , by ��. �•�.�.._, N• 2<.c� C>✓
My commission expires �p v
/6 y;
.04.11141
nNtin„tNty
day of
, 107-5 Wltnese my hand and off I seal,
klLG4c..:b..r Lid...
Notsir�ubll
No. 932. WARRANTY bEEt.—Fit hholetnphle neiotd.-bradturd tubll.hlnt CO., 182448 Etat,t Street, Pomp, CoWNtd4 --6G9
A,
,
Recorded at o'clock • M
Reception No.
•
QUITCLAIM DEED
•
THIS DEED, Made this 5TH day of JUNE , 1997 .
between THOMAS C COOK, SR
of the SAID *County of JEFFERSON
Colorado, grantor(s), and
THOMAS C COOK, JR AND ELIZABETH M COOK
whose legal address is
of the SAID County of GARFIELD
and State of
Recorder
and State of Colorado, grantee(s),
WITNESSETH, That the grantor(s), for and in consideration of the suns of
TEN AND NO/1OO**********************************A****I i*********- ******** Dollars 'I
the receipt and sufficiency of which is hereby acknowledged, haS remised, released, sold and QUITCLAIMED, and by
these presents do ES remise, release, sell and QUITCLAIM unto the grantee(s), THEIR heirs, ;successors and assigns,
forever, all the right, title, interest, claim and demand which the grantor(s) ha S in and to the real property, together with
improvements, if any, situate, lying and being in the SAID
Colorado, described as follows:
County of GARFIELD and State of
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN.
also known by street and number as:
assessor's schedule or parcel number:
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining, and all the estate, right, title, interest and claim wh.ttsoevcr, of the grantor(s), either in law or equity,
to the only proper use, benefit and behoof of the grantee(s) THEIR heirs and assigns forever.
IN WITNESS WHEREOF, The grantor(s) ha S executed this .leed on the date set forth above.
e,
THOMAS C COOK, SR.
by
STATE OF COLORADO
_
County of 41'x' /9 E-
The foregoing instrument was acknowledged before me this 9,-)y c ay of
My commission expires
My Commission Expires 01/09/1999
*If in Denver, insert "City and".
itnes�, r4 d and official seal.
�:
•.(i -1)
CDL Q
, 1997 ,
Notary Public
Name and Address of Peron Creating Newly Created Legal Description (t 38-35-106.5, C.R.S.)
No. 933. Rev. 4-94. QUITCLAIM DEED
Bradford Publishing, 1743 Wazee St., Denver, CO 80202 — (3C3; 292-2500 — 9-94
(State)
***PLEASE SEE ATTCHED FOR LEGAL DESCRIPTION***
PARTIAL -RELEASE OF DEED OF /IST
fly Corjation or Partnership
Partial Release
of Deed of Trust
Date: 5/27/1997
Form No. 53 - M
1111 Minnesota Uniform Conveyancing Blanks
(reserved for recording data)
FOR VALUABLE CONSIDERATION, the real property in
COLORADO , legally described as follows:
Garfield
(County)
County,
is hereby released from the lien of the Deed of Trust, owned by the undersigned, dated 9/17/1996
executed by COLORADO NATIONAL BANK
THOMAS C. COOK
as Mortgagor, to
as Mortgagee,
an, iiled for record 9/20/96 as Document Number 498629
or in Book 993 on Page 2 , in the Office of the COUNTY CLERK
& RECORDER of GARFIELD County, COLORADO
(State)
(County)
COLORADO NATIONAL BANK
Lien //older
Signature
PATRICK GALT
Printed Name
OPERATIONS OFFICER
Title
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
The foregoing instrument was acknowleged before me this 27TH day of MAY, 1997
by PATRICK GALT Operations Officer of COLORADO NATIONAL BANK
a National Banking Association under the laws of the United
States, on behalf of the Association.
This instrument was drafted by:
BRIAN MICKELSON
First Bank National Association
16 Ninth Avenue North
Hopkins, MN 55343
MARG / RET P. SCHMIT Notary Public
., v':`Al;
MARGARET P. SCHMIT
_-+Jr : NOTARY PUBLIC - M :HESOTA
, FI_INEP II COUNTY
Ni c -,nn- 041 ca an. 31. 2003 t
11111111111 1111011 111111111111111111 11111 11111111
521447 03/09/1998 03:52P B1056 P712 M ALSDORF
2 of 2 R 11.00 D 8.50 GARFIELD COUNTY CO
EXHIBIT A
TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE SIXTH PRINCIPAL MERIDIAN
SECTION 32: SE1/4NW1/4, NE1/4SW1/4, W1/2SE1/4
EXCEPTING THEREFROM:
A PARCEL OF LAND SITUATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 32, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 32, AN ALUMINUM CAP,
L.S. NO. 19598, FOUND IN PLACE;
THENCE S 00 DEGREES 11'46" W. ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION
32 1324.87 FEET TO THE NORTH -CENTER SIXTEENTH CORNER OF SAID SECTION 32, THE
TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTH -SOUTH CENTERLINE S. 00 DEGREES 11'46" W.
1045.55 FEET TO A POINT IN THE NORTHEASTERLY RIGHT OF WAY OF COUNTY ROAD 312
(ASSUMED RIGHT OF WAY FOR COUNTY ROAD 312 DETERMINED BY A RIGHT OF WAY WIDTH
OF 60.00 FEET AND BEING 30.00 FEET TO EACH SIDE OF THE CENTERLINE OF COUNTY
ROAD 312);
THENCE LEAVING SAID NORTH -SOUTH CENTERLINE ALONG SAID NORTHEASTERLY RIGHT OF
WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 213.92 FEET, A
CENTRAL ANGLE OF 05 DEGREES 20'32" AND A DISTANCE OF 19.94 FEET (CHORD BEARS N.
19 DEGREES 29'44" W. 19.94 FEET);
THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY N. 16 DEGREES 49'28" W.
410.29 FEET;
THENCE CONTINUING ALONG SAID NORTHEAST RIGHT OF WAY ALONG THE ARC OF A CURVE
TO THE LEFT HAVING A RADIUS OF 594.49 FEET, A CENTRAL ANGLE OF 31 DEGREES
15'27" AND A DISTANCE OF 324.32 FEET (CHORD BEARS N. 32 DEGREES 27'12" W.
320.31 FEET):
THENCE CONTINUING ALONG SAID NORTHEAST RIGHT-OF-WAY N. 48 DEGREES 04' 56" W.
39.22 FEET;
THENCE CONTINUING ALONG SAID NORTHEAST RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO
THE RIGHT HAVING A RADIUS OF 315.97 FEET, A CENTRAL ANGLE OF 15 DEGREES 25'16"
AND A DISTANCE OF 85.04 FEET (CHORD BEARS N. 40 DEGREES 22'18" W. 84.79 FEET);
THENCE CONTINUING ALONG SAID NORTHEAST RIGHT OF WAY N. 32 DEGREES 39'40" W.
76.63 FEET;
THENCE CONTINUING ALONG SAID NORTHEAST RIGHT OF WAY ALONG THE ARC OF A CURVE
TO THE LEFT HAVING A RADIUS OF 1196.29 FEET, A CENTRAL ANGLE OF 13 DEGREES
02'02" AND A DISTANCE OF 272.14 FEET (CHORD BEARS N. 39 DEGREES 10'41" W.
271.55 FEET) TO A POINT ON THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 32;
THENCE S. 89 DEGREES 48'02" E. ALONG SAID NORTHERLY LINE 597.88 FEET TO THE
TRUE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
GW223706