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HomeMy WebLinkAbout1.0 ApplicationFeb -11-99 09:05A Stellalrchuleta 970-..5-7785 P.O1 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) p Garfield u, y, Colorado, adopted April 23, 1984, the undersigned y�wfaC • ovt, respectfully petitions the Board of County Commissioners of Garfield Cou ty, Colorado, to exempt by Resolution the division of /5/ acre tract of land into 9 tracts of approximately R. 41.1 9.6 /36 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 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 scalt 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 Feb -11-99 09:05A Stellarchuleta 970-.5-7785 P.02 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. EXEMPTION APPLICABILITY Petitioiie vid M & Anna R Johnson Mailing Address City State 9'70- Telephone 70-- Telephone Number 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 Tight 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, 1971 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. • . FEBRUARY 10, 1999 GARFIELD COUNTY COMMISSIONERS 109 8th Street, Glenwood Springs, CO 81601 We are asking for three exemption lots form a 150 Acre Tract. The proposed use of the lots is for single family residences. The three exemption lots are separated from the main parcel by Helmer Gulch. The lots are not farmable ground. There is already two one acre parcels with residences, adjacent to these lots. All the exemption lots are accessible to 320 Road. Power and telephone is available alongside of County Road 320. We propose that each lot use a cistern for water source, minimum size of 1000 Gallons. The City of Rifle has a bulk drinking water facility available at 18th Street in Rifle. Each lot shall have it's own individual septic system for sewer.. Lot #1 will be 2.7 Acres. Lot #2 is 4.2 Acres. Lot #3 is 9.0 Acres. Leaving the remainer of the property at 136.7 Acres. DAVID M & ANNA R JOHNSON 2720 Railroad Ave Rifle, CO 81650 FEBRUARY 10, 1999 GARFIELD COUNTY COMMISSIONERS 109 8th Street, Glenwood Springs, CO 81601 We are asking for three exemption lots form a 150 Acre Tract. The proposed use of the lots is for single family residences. The three exemption lots are separated from the main parcel by Helmer Gulch. The lots are not farmable ground. There is already two one acre parcels with residences, adjacent to these lots. All the exemption lots are accessible to 320 Road. Power and telephone is available alongside of County Road 320. We propose that each lot use a cistern for water source, minimum size of 1000 Gallons. The City of Rifle has a bulk drinking water facility available at 18th Street in Rifle. Each lot shall have it's own individual septic system for sewer. Lot #1 will be 2.7 Acres. Lot #2 is 4.2 Acres. Lot #3 is 9.0 Acres. Leaving the remainer of the property at 136.7 Acres. DAVID M & ANNA R JOHNSON 2720 RAilroad Ave Rifle, CO 81650 1 °/08/1999 11:42 FROM RIFLE FIRE PROT. DIST. TO 9457785 P.82 RIFLE FIRE PROTECTION DISTRICT February 8, 1998 Dave Johnson 2720 Railroad Avenue Rifle, Colorado 81650 Reference: Proposed Subdivision exemption, County Road 320 Mr. Johnson, The Rifle Fire koteeGion Diptrsct _has reviewed the proposed subdivi` ion -e ej pt -iii oft rop rty ,located on County Road 320. It: is t1 -i—its,tunderstanding that this division will,, creates separate paras, of property for construction ,of, single 7fam11Y dwelling§ The above -prdpetty' i i rrt- th6 botihdaries of the Rifle Fire Prorttecti.on , District. Firs: and . Emergency Medical Services wild —be; provideeto .the ata by the ;Diitrict . In order to assist the-Distriot' ti 'it';s capabilities of providing these s , we =.would' make the following recommendations; ' T 1. Defensible space: vegetation should -be removed from near any structures,on the'-ppoperto provide.a safe zone in the event of a wildland 2. Construction materials: The District recommends the use of a classified roof covering and non-combustible siding materials to minimize threats from a wildland fire. 3. Road construction: When constructing the access roadway into the property, consideration should be given to the weights of fire apparatus and accessibility during adverse weather conditions. 4. Posting of address: The address of the property is to be posted where the driveway accesses the County Road- Letters are to be a minimum of 4 inches in height, 1/2 inch in width and contrast with the background colors. Thank you for your cooperation and feel free to contact me if 1 can be of further assistance. Sincerely, / Telephone (970) 625-1243 • Fax (970) 625-2963 Mike Morg� 85 t ailroad Avenue • P_O. Box 1133 • Rifle, Colorado 81650 District Chief TOTAL P.82 • • GOLUBA & GOLUBA ATTORNEYS AT LAW US BANK BUILDING 802 GRAND AVENUE, SUITE 301 P.O. BOX 931 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-9141 Fax (970) 945-9143 NICHOLAS W. GOLUBA NEIL W. GOLUBA December 8, 1999 Hand Delivered Mark Bean Planning Director Garfield County Planning Department 109 8th Street Glenwood Springs, CO 81601 Re: David M. Johnson and Anna R. Johnson Subdivision Exemption Application (Taughenbaugh Mesa Property) Dear Mark: Enclosed are the following items which complete the package for your review and comment prior to scheduling the matter with the Commissioners or adding the matter to the Consent Agenda, as the case may be: 1. Well Permit No. 21240 (Well No. 1 shown on Plat). 2. Well Construction and Test Report (Well No. 1). 3. Test results on the potability of Well No. 1, showing the "absence" of coliform bacteria. 4. Well Agreement to be used for Well No. 1. 5. Well Permit No. 60638 (Well No. 2 shown on Plat). 6. Deed between Hanks and Wise conveying an undivided one-half interest in Well No. 2 (Reception No. 296328). 7. Well Agreement for Well No. 2 between Hanks and Wise (Reception No. 296329). 8. Deed from Wise to Hardy conveying an undivided one-half interest in Well No. 2 and easement (Reception No. 376379). RECE VED DEC 0 8 1999 303 `�,,Do81801 • • Mark Bean, Planning Director Garfield County Planning Department December 8, 1999 Page 2 9. Warranty Deed from Hardy to Johnson (Reception No. 5_`4009) conveying an undivided one-half interest in Well No. 2 and the easement and creating an additional easement extending to Lot 2 of the Johnson property. 10. Road Cut Permit issued by Garfield County Road and Bridge Department. (Paragraph 11 of the Road Cut Permit contains a typo. Obviously, the waterline would not be installed at a depth of 600 feet.) 11. Two (2) copies of the Johnson Taughenbaugh Mesa Exemption Plat. You will note that the Road Cut Permit has already expired. The Road and Bridge Department has indicated that a Road Cut Permit on these terms will be avai [able when required. We have also dedicated private easements on the Plat which would accommodate the installation of the waterline entirely on private property. Accordingly, although use of the road right-of-way may be more convenient, it is not a necessity. Well No. 1 will provide a legal supply of water for Lots 1, 3 and 4. As a practical matter, the owners of one or more of those lots may opt, at least initially, to haul water from the well head itself or purchase and haul municipal water rather than bear the expense of installing a pipeline to the Well. Well No. 2 will supply Lot 2. I note that the conditional approval letter for the Johnson's Exemption Application incorporates language referring to "the Special Use Permit." Obviously, there is no Special Use Permit involved in connection with this exemption and I assume this reference is nothing more than extraneous language, probably carried over from a computer-generated a pproval form, which should have been deleted. After you have had a chance to review this submittal, please advise. Very truly yours, NICHOLkS W. GOLUBA NWG/gal Enclosures cc: David and Anna Johnson • • GOLUBA & GOLUBA ATTORNEYS AT LAW US BANK BUILDING 802 GRAND AVENUE, SUITE 301 P.O. BOX 931 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-9141 Fax (970) 945-9143 NICHOLAS W. GOLUBA NEIL W. GOLUBA October 29, 1999 Hand Delivered Mark Bean Planning Director Garfield County Planning Department 109 8th Street Glenwood Springs, CO 81601 Re: David M. Johnson and Anna R. Johnson Subdivision Exemption Application (Taughenbaugh Mesa Property) Dear Mark: It is my understanding that the Subdivision Exemption Application of David and Anna Johnson has been conditionally approved subject to demonstrating a legal source for domestic water to serve the lots created. Mr. and Mrs. Johnson thought that they were scheduled to appear before the Commissioners next Monday, but apparently that is not the case. The necessary water supply will be provided by two wells. The Johnsons have acquired an undivided one-half interest in an old existing well situate on adjoining lands. The well was previously shared by the two households which occupy the one acre parcels surrounded by the Johnson property, i.e. the Oolays and the Hardys. The Hardys recently completed a separate well on their property, enabling them to convey their one-half interest in the old well to the Johnsons. The well continues to also serve the Oolay household and will be used to serve one of the lots created by the Johnson Exemption. Enclosed are copies of the following documents with respect to that water source: 1. Well Permit No. 60638. 2. Deed between Hanks and Wise covering the property owned by Hardy and an undivided one-half interest in the well (Reception No. 296328). RECEIVED DCj 1► • • Mark Bean, Planning Director Garfield County Planning Department October 29, 1999 Page 2 3. Well Agreement between Hanks and Wise (Reception No. 296329). 4. Warranty Deed from Wise to Hardy (Reception No. 376379). 5. Warranty Deed from Hardy to Johnson (Reception No. 554009) conveying a one- half interest in the well, the easement and creating an additional easement extending to the Johnson property. The Johnsons have also constructed another well located to the south of proposed Lot 1. The well is permitted for three single family dwellings, the irrigation of not more than one acre, fire protection and the watering of domestic animals. The well is pump tested at 4.6 gallons per minute. Enclosed is a copy of Well Permit No. 212420 and a copy of the Well Construction and Test Report on that well. We are adding the appropriate utility easements to the Plat and will also prepare a Well Agreement for the new well which will serve three lots. Each lot will be limited to use of the well for fire protection, ordinary household purposes inside one dwelling, the watering of domestic animals and the irrigation of not more than one-third of an acre (14,520 sq. ft.) of lawn and garden. Dave Johnson is also meeting with Jake Mall of the Road and Bridge Department, with respect to obtaining an excavation permit to install and maintain a water line along County Road 320. Although easements will be created which would permit the various lots to access the well directly without the necessity of installing a pipeline in the County Road, the lie of the land is such that the County Road right-of-way would be a more practical location for the water line. As suggested, once the permit to install the waterline in the County Road is obtained and the Plat and Well Agreement have been finalized, I will deliver the entire package to your office for review and comment prior to scheduling the matter with the Commissioners. Very truly yours, NICHOLAS W. GOLUBA NWG/gal Enclosures cc: David and Anna Johnson TIIIS FORM MUST BE SUBMITTED PRIOR TO THE EXPIRATION OF THE PERMIT. TYPE OR PRINT IN BLACK INK. STATE OF COLORADO COUNTY OF 101 Columbine Bldg., 1845 Sherman • Denver, Colorado 80203• __STATEMENT OF BENEFICIAL USE OF GROUND WATER __AMENDMENT OF EXISTING RECORD PERMIT NUMBER THE AFFIANT(S) whose address is SS. 60638 C\ being duly sworn upon oath, deposes and says that he (they) is (are) the owner(s) of the well described hereon; the well is located in the S Z-{1 1/4 of the S Z--(21/4 of Section c2 D , Township / (N. or S.) Range— 7 l�P M at distances of feet from the section line (E. or W.) (North or South) and feet from the section line; the total depth of the well is feet; wa'ter from this well (East or West) was first applied to a beneficial use for the purpose(s) described herein on the day of--�'r'-GI E�G12 , 195 the maximum sustained pumping rate of the well is /5" gallons per minute, the pumping rate claimed hereby per minute; the average annual amount of water to be diverted is acre-feet; for which claim is hereby made for—. I _ from this well is to be used is purpose(s); the legal description of the land on which the water which totals acres and which is illustrated on the map on the reverse side of this form; that this well was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he (they) has (have) read the statements made hereon; knows the content thereof; and that the same are true of his (their) knowledge. Signature(s) Subscribed and sworn to before me on this , My Commission expire; Jul, 264 W! My Commission expires - (seal) day of ACCEPTED FOR FILING IN THE OFFICE OF THE STATE ENGINEER OF Cr" ORADO ON THIS 1 ! DAY OF —72/2a . • ,.a STATE EfIGIN•ER �• =I E COPY F'R DIVISION OF WATER RESOURCES PINK COPY FOR WELL OWNER , 19 -2 FOR OFFICE USE ONLY Prior. Date , Well 9-- Well Use 1/4. 1/a, 1/a, Sec. • T. -. R ---P.M. Yield W D Co Index T Form No. GWS -25 APPL+CANT OFFICE OF THE STATE ENGINEER COLORADO DIOION OF WATER RESOURCES JNER'S 818 Centsnnisl Bldg., 1313 Sherman St., Derive-, Colorado 50203 COPY (3031 Bee -35e1 DAVID & ANNA JOHNSON 2720 RAILROAD AVE. RIFLE, CO 81650 (970)825-2251 PERMIT TO CONSTRUCT A WELL SELF WELL PERMIT NUMBER 2_._12 4 2 Q DIV. 6 CNTY. 23 WD 45 DES. BASIN MD Lot; Block: Filing: Subciv: .APPROVED Mil LOCATiON GARFIELD COUNTY NE 1/4 NE 1/4 Section 30 Twp 8 S Rng 93 W 6th P.M. DISTANCES FROM SECTION LINE 388 Ft. from NORTH Section Line 1180 Ft. from EAST Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RiGHT CONDITIONS OF APPROVAL 1) This well shall be used in such s 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 welt shall be in comp')ance 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)(ii)(A) as the only well one tract of land cf t 38.487 acres described as that portion of the NE ``Y4, NE14, Sec. 30, Twp. 0 South, Rng. 93 West, 8th P.M., Garfield County. Reference attached exhibit A. 41 The use of ground water from this well Is limited to fire protection, ordinary household purposes inside up to 3 single family dwellings, the Irrigation of not more than one (1) acre of home gardens end lawns end the watering of domestic animal,, 5) The issuance of this permit hereby cancels Permit No. 199527. 6) The maximum pumping rate shall not exceed 15 GPM, 7i The return flow from the use of thls 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 welt is located. 8`) This well shall be constructed not more then 200 feet from the location specified on this permit. 9) The well shali be constructed end maintained in accordance with variance No. 98-181A, granted by the State Board of Examiners of Water Well Constructicn and Pump Installation Contractors on September 15, 1998. 10) Monitoring hole notice MH -30815 & MH -33383, was acknowledged for construction of a monitoring and observation hole for thls applicant, In this Y. Y4, on 06/03/97 & 05/12/98. APPROVED DMW Receipt No, Scots . Wrier DATE iSSUED"EP 1998 EXPIP.ATiON CATi: P 2 2 2000 i Erc.ptea out by Book 790 Pas. 59 NE Corner S•c. 30 8 L M. Pip• w/ cap 1 269 Ac. •F• ti.53.34'24'E. 99.15 N.01006'43 W. N.89'29 4O'E. 1313.32 NEI/4NEI/4 SEC. 30 T.6 S.. R.93 W.. 6TH P.M. 38.487 Ac. S.89'26 34'W. 1316.36 N 0 M M V 0 0 NOTE: The above dr,.ing and the linens;cns aro rakyn from a field survey dated July 16. 19g7. Survey was wined 'McCort:ck Exemption' and wo, delivered 'o the 3arfield County Plann'ng Office f>r s.bsequont recording. • • L1:6-SZ9 BOLSI 3NOHd OS918 CO '3-1db S \V NO11fH SIZ NMVuC if006 , .00z • .i JNDS 26itt/t mA3mti1S AW Nf100 31YHS 25O4J7r 1a;1d11a.� .04% 01 Pi.,.114 J►ereh bine y HW Mt I/o y Yr M ,/i Rifle - Rutiaon Road a ti a 100 tin, ft. of 4' dia, perforated pipe surrounded by 1 1 .e dia. screened rock bed with 8' of dirt covsr. 12' deep welt, 4' dia. concrete with the tower 8' perforated and rurot1rded with screened rock and the upper 4' solid oonarete backfilled with dirt. SCALE: 1" = 100' 90 tips. ft. of 4" dtia perforated ptpe surrounded by 1 i/z" dia. screened rock bod with 2' of dirt enter. Preps •ed by: JERRr' SAUER 1864 CO, R0,4D 29.S RILE, CO 81650 910-828-18"2 Legal Description Wet/ is ionated 366 ft, south of the north line and 1180 ft. west of the east line of Seotiobn 30 in Township 6 South, Range 93 West of the 6th P.M. in Garfield County, Colorado. Prepared for: PAYID AND ANNA JOHNSON 2i2© RAILROAD AYEN611 RIMLl, CO 81660 970-62S-22Si June 29, 1998 FILE; JOHNSON/8INDY 1001 111041 WELL WATT OF COLORADO, CE 0 THE T STAE ENG R L OWNER NAME Mang Address Pl�iane� Zip - — For °MaeL!Nony 3. I 1/4 1.14, Sec.Twp. DISTANCES FROM SEC, U ES: 4, ��' � from Bea Ina. and ,ir `J1 h. from� Sec. line, OR SLISO SIGN: ��ie�rv► aesQ STREET ADDRESS A? WELLLLLOCAON' LOT BLOCK F1UNC3(UNIT) 4. C'IFt0UND SURFACE ELEVATION .f79 .4•79ei ft. DRILLING METHOD o1 e,ti _Jr:riels ir4 f iait' DATE COMPLETED L GEOLOGIC LOG: , Range TOTAL DEPTH ft, DEPTH COMPLETED OS & 0sserfption af Massfial (Type, S., Color, Wafer Location) . HOLE DAM. (in.) From (ft) To (ft) 7. PLAIN CASING OD (In) Kind Wall Size From(ft) To(tty PERF. CASING: Screen Slot Sae: & FILTER PACK Materiel Size Interval 9. PACKER PLACEMENT: yle 1a GROUTING RECORD: Material Amount Density Ince val Placement 11, DISINFECTION: Type j 1 ;. fA, Amt. Used / G talk 1162;, C - k • .. II Tad Data Is submIded on Form No. GWS 39 Supplemental Well Test 1t TE8TP4G METHOD Static Level me . u • .1:12., , Production Rate 41/4, gpm. P level LL __R1 Da*e/Tlme measured 3 • g� `ie , Test length (hrs.) 2. Remarks S 1 Hue need the etessm.rtes made h.mn and know the moon* 4rereef, and that they ma true to my knowledge. Moment to Section 244104 (14( CAS.. the making of Wee stater+a basin oonst?tutes Fsetioty In the second degree and a punishable as a stem 1 ntiederwnor.2 COW RACTOta Au �++'a`��/ Prone (%) Z' 7, J 1 Lc. No4_. Nartta�'itle (mass type or print) Date „444gmtdigAdiNalffaiAor � V uUG 8 13 illik.led at //�}(p] �}.'(I]nck /9 yay. a ^/��� tinn No. 1Gr+3' Z8 - -- ;/ k�i-e-eG 8AA-�'.'r"" 91{r.ur•ler. :r-rF (S DEED, Made this - 3rd day of Aurn ist 19 79 Ii between iI EDNIN J. HANKS, JR. AND PATRICIA J. HANKS County of GARFIELD ROB K. WISE whose legal address is 9460 320 Road, Rifler Colorado 81650 of the and State of Colorado, of the first part, and AUG 81979 fi? rnrabTWTAg1 FTT of the County of GARFIELD and State of Colorado, of the second part/ 4rliNESSETH. That the said partietof the first part, for and in consideration of SLIMY SIX THOUSAND SEVEN HUNDRED SEVENTY AND NA/100THS DOLLARS to the said part ifs . of the first part In hand paid by said party of the second part, the receipt whereof is hereby confessed and acknowledged, hrlge granted, bargained, sold and conveyed, and by these presents do grant.- bargain, sell, convey and confirm, unto the said part y of the second part,hia heirs and assigns for- . ever, all the following described lot or parcel of land. situate, lying and being in the „County of;; GARFIELD and State of Colorado, to wit: REVERSE $Ii'L' FOR LEGAL DESCRIPTION - .., is •'}?ars��41.,. �zy,e,..<r'* r'`:: nr,1'' ' ort* r} '''' i:J-'..' '•rt -I -+.• 13 •:., 5.t'+IC+ et'. , wy03relei:4 •D? 4;1i -.;s _ - "• t' 'n., -..r -f e•' .: e:r i t-: 'altonown as street and number 9460 320 R0ad:rRifle, Colorado v8165o�^ ,tri hr•G+t ',India ..oGFTHER with al ani ir�tular the hereditaments anry appurr enarlcer th _rein belonging or in,anywise apper- -) �(1 i" R 17^1 f '(; ). '>n r o ' , � ' taining, andlbf veraIorf and te)yeraionatreniainder and.reRrytfainde a rents„issues and. ruins thereof, and all the .sat•+ 7. rti ^s c' 1t:.. .•... ,_. ' hit' '' 'r 1.; -4 Q estate. nglti;.titte,intereat. e''iatm ar�d demand whatsoever of the sit paitiea oI the first part, either in lawror r. -.equity, of, in and to the above bargained premises, with the hereditamt rats and appurtenances TO HAVE AND TO HOLD the said prernises a ve,harf ned avd jieseiibed with, the appur a ancep, unto;the �, n�ty 10 n 1 G' q . - r satC parj' 4, 9r. a art, heirstand aastInl fo`ever Andrthe, saidpart, lea of the .firyj part,,, for' 'Seines,% eh ira. exeeutoia. and adminiatraforp, dot covenant..irrarft. bargain and agree, to and •I L t.' . (,"Y1. Sr*, , a :liar. 1'-"_�I .",e”)ta3t,h the}aajd partX of the eco�td pieta AAA hears and assigns, t)tat at the time of the. enaSaltng sand dtht'ary.., t C t. Ofthesepresent uuilf� R �wep:;e4edofthe pre sesabove_convexied as ofgoorfsuter,perfect, absolute and iridefeasi;tiesti a of inhentanee, n law, jn fee simple;and t � .°7 ed right.'yil ppwerend authority t4 7io grant bargain-Ufr.nd evv X tfie same in' anner and form aialoresaid, and that the same are fcee and clear �rom .111 former an kiti'er gray s Y+argattns, Salee,dens, a toes, assessments r'd encumbrances.of whatever kind of .,atu� er. rte• 1994 eel eid � , 005.eftis ` ; Ictbi s a f.i til:-' 'r• ?. :1...Yg.. i. I O! .1416•014;41# any sr, ..v l,a.t,,-. rn.• ;'• t r ..a. 4' '. 1 and the above bargained prei..ises In the quiet and peaceable possession of the said'party of the second pari, his heirs and assigns against all a :d every person or persons lawfully claiming o- to claim the whole nr aoy. part ttifre.if.tfie sal-16att lea "'` 1 ''Tc' `4efthe first part;hail and wiil%{rAiiiZAN1t�{`(N' FOREVER DEFEND., ' IN WITNESS WIIEREOF, the said partriea nfthpe first rt hg Ve' hereunto.setthe�,rhanj r s$d tent ''.1 - the day an l year first aDoveirrttten. ` - ' ' r.` ' r I (SEAL) EDWIN Jv f STATE. OF COLORADO, PATTRRRICIAce-. Count y.'f GARFIELD Tn.• forrgnrng inst rum.•nt was arknuwle,I e l h •for - env !his 3r11 1..179 .hy .,EDWIN J. HANKS, JR.( AND PATRICIA J. HANKS \1 omni;.ire, '{iC6%/,)t •' Q7L.C':1 ,I.,..:I August r..r�09iitiduY:7C:i4 3-y."'"--, ''`�' -*�" •<z�. " ......-9,�::. I hereby certify that this instru 0 0 .11 O9OJdO3 LEGAL ,tifireorre.. cEDWIN J. ,, 4*0., de i 4 HAAS, Wreathes) limos K. NIS k: t4 t) AUGUST • U BOOK 532 nr3E765 BKp 'ef i � 'boated en �u3IOs'r of Section 20, Township 6 South, Range 93 West of4UNUAHAL1V01.4,4yingof seutheesterly of the southeasterly right-of-way of tial alt to ,6tMI:r. cr a .oe,�sn place. t �7.7 , rc ,e. •t"the thiran elll'quatber Corner of Sections 16 end 21; thence S. 58°08.40" W. 8,692.11feet to's point on.tbe southeasterly right-of-wey line of said County Road and the Trne�ai,�t of 4#' thence 3.q.30r31tb01e ; E. ' 210.00 fest; O th ice S:i39°29r00"i W. 210.00 feet to a point being the easterly corner common to -644ircel "A*7;and Pastel i'BW as platted and shown on Sorrow and epi Veer/sK NA , , Inc. , survev dated Ncenmi ne 9,`1978 and revised July 19, 1979; N thence N. 30°31"00" W.4.10.00 feet to a point on the southeasterly...right-of-way line of said.Qoungy Road and the corner common to Parcel "A" and Parcel "B" of said survey; thence N. 59 29100" N. along -,said right-of-wey 210.00 feet to the True Potnt of Beginning; together with all improvements situate thereon and an undivided ons -*teff interest in and to the water currsntl in place and,serving said.parcel-including, but not eliMeed to, well,. , pipr ~ dthe*.44e4nisnt,.: thereto and a 10.foot pipeline aasenent;as described: z 0 tV c0 cn ea strip of -land situated in the SIO*S16y of Section 20, Township 6 South, Range 93 West of the 6t- P. 14.p Said strip being 10 feet in width, lying 5 feet on each side of the following described csnterlinet ';Commencing at the Comm one-quarter corner of Sections 16 Ong 211 of said township -and range, thence_ ,._S1 S2"41" N.,8,770.1 feet; thence 9. 30 07057" W. 152.66 feet to the True Point of ; thence S. 30 07"57" W. 135.14 feet to a well house, The Point of Terminus• COUNTY Cr AAI PIELD STATE 0r COLORADO .�" �' .T. 'b Reoorded at 11 L o'clock" A .w. AUG p *T-1 Reoop .ion ?o. 296329 mild/ ndAlsdorf. Reoordmr WATER WELL AGREbL .w BU' K req% 7p)(; This agreement entered into this 3rd day of August, 1979 by and between EDWIN J. MARKS, JR., AND PATRICIA J. HANKS, referred herein as "Hanks", owners of a parcel of land situated in the SMS of Section 20, Township 6 South, Range 93 West of the 6th P. N., County of Garfield, State of Colorado and ROB K. WISE, referred herein as 'Mise". WHEREAS, Hanks and Wise desire to est forth terms and conditions for maintaining and operating,thsratsr,systaa currently in place and rearing said parcel of land; and WHEREAS, Nanka and Miss mise is *here any costor expense for repair of said mater system., That Wise's easement as seeffierth en Werrenty Deed dated August 3, 1979, will allow equipment to eater Upset said land far the purpose of excavation, installation, maintenance and repair of sail! Melly ndber lins er Pu mP. This agreement is executed Il dbplloate awd shell benefit and be binding upon said HAMS and WISK,their.belEmouldeemtemd amecessers in interest. ROB K. MISE ..a.ezst‘.7 gt*t*EkTAhaftwAsi, .°mile field PATRICIA J. le.14.;pr000l6ginstrument wes eel towledged before me this 3rd day of Au .st, 1979, by'Edw h J. Banks, Jr. and Patricia J. Wanks and Rob K. Wise. My commission expires October 6, 19e2. witness my hand and official seal Notary Public Recorded at . .'. (,_( wdoc•k .. le. M.00/7 C—. lS Reception No— .3.� THIS DEED, Made this 17th day of November between ROB K. WISE of the IS?IIXMI)S, of the first part, and EARNEST E. HARDY AND DONNA J. HARDY whose legal address is of the County of Colorado. of the second part: z37 ,1986, and State of and State of Rc orde fce FILING STAMi' 1ifornia WITNE$,,SETH;that-the said party ofct tg first part. for and in.conside5ation of the sum of. Sixty"Th'ree ThousandFive+ Hundred, and no/100 r n 971 DOLLARS and other good and valuable considerations to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their heirs and assigns forever% not in tenancy in common but in joint tenancy. nil the following described lot or parcel of land. situate, lying and being i the --- County of Ga r i el d and State of Colorado, to wit: also known as street and number SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF 9460 - 320 Road Rifle, Colorado 81650 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper- taining and the reversion and reversions, remainder and remainders. rents. issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of t he first part, either in law or equity. of; in and to the above bargained premises. Nt ith the hereditaments and appurtenances. TO HAVE AN1) TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part. for himself. his heirs, executors, and administrators, does•c•oven'atnt, grant. bargain and agree -to and with the said parties of the second part, 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. as of good, sure, perfect, absolute and indefensible estate of inheritance, in law, in foe simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and ot her grants, bargains. sales, liens, taxes. assessnicnts and encumbrances of whatever kind or nat ure soever, EXCEPT, general taxes and assessments for the year 1986, U. S. Patent reservations, any and all prior mineral reservations, and restrictions, of record and easements and rights of way of record or of an apparent nature AND EXCEPT a Deed of Trust in favor of Alpine Mortgage Company which grantees have agreed to assume and pay and the above bargained premises in the quiet and peaceable possession of the said parties of the second part. the survivor of them, their assigns and the heir's and assigns of such survivor. against all and every person or persons lawfully claiming or to claim the whole or any ""art thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plual, the plural the singular, and the use of any gender shall be applicable to all genders. 1N WITNESS WHEREOF the said panty of the first part has hereunto szt his hand and seal the day and year first above written. Signed. Sealed and Delivered in the Presence of Colorado STATE OF K6105Xz i)tX:X MAXA S County of Garfield J The foregoing instrument was acknowledged before me this by Rob K. Wise • My Commission expires ss. January 6, 1990 Rob K. Wise - 'SEAL) DEAL) !SEAL) 14th day of November .1986, .19 . Witness my hand and official seal. 1542 -Rail road Ave ill fl e, �o (oY�or�^tip No. 921A. WARRANTY DEED.—To Joint Tenante.— Bradford Publishing Co., Denver, Colorado 1149 • O r9 to D • w--, r* w (n -p to .J m O un Co O LO D o )o Cu w , 3 -.• O- w as O .o r) w w -p, co rD CO 3 n (n a. 3 rD • -S c .. w (n N O (0 V O N co3Spry. J• o. 0 r+ -S rh r'+ 0 O -'• C") � w CD 'T w rh J. (D S' -s rD Co 3 0 ^1 (n(7- 1-, j N (D w .J (D .,O Z Na. -O C cOi, n V V 1] J•rt" '� f1 'c J• J J J• rf (0 CO-..."oCD-' (D -S - (111;1' Vk‹.."'d _ _ Cp�G O 8.--°50;" 0 ct rD w -51 -41 0J '< (D Z 01.= 0 O o f w -'' --flO _. in rD CL c+ a fi -S S rh rD N 3 "h 3 O' W = (0 (-h rN+ 0. S w .,.. w S (D d .0--'...__, _. fD rr CL -S rD _, (D rD '<< rf co 7 _ 3 c + (0 • .� 3 to Z O 7c' r+ CO rD W 0 cn r° o c+ .-.0 �. C n (n t< a �- ((DD --s n . • o C C) art, _.. N _. S rh J• o C J. l( O el' w n S 1y • n _. c O C r+ J C) 7C 3 S p. N o w rr (1) rD ��a x. rD •v-• cD.o M p.__.y'o CrD 0 Z 7C O = °i -•o • n Scat •Z = n al -fi 0 • Q a r* rD o= r+ D o 0 • rD c+ rD n> (0 N -o O - w S v 0 "� 0_ (D fD to -+• (D rh : t< O N ' t rD o to • < -i• rr O - w O 3 C7 J• S h '"' 0 = (D 3 (t J. 0 N = co J. PD (D O (D rD O .� n 'O rD i O to 0 r+ . _, -� rD - h J. w c O w O rD C a j N rp (t O• - r, -,T) (1 to 0 G: " n S -1 o .CO ,-t-nt S �-C ('h w �� w oW.. -tn __, to C_ Cu -1 dO rD c+ w Q S N N n O O C o m rt C (n ' rD (n r+ d- -O p•-• CL w O O rt -h O < _ N t7 rD w , + V rD n N (D O w S (n to (D A© �. Cl.rD N S o.1 : N D. O O C ry C �N rD (SDS n 0- Cu -S _.�� O_2 c1 O -••cn (n C - () ( = O -• .J N 77 (D (n w - 0 O rD 0 rD m p 0 ca --h rT -, (v c C t< c) r rr n g ,� o rD c J -+, _ (D -5 3 m - • 0 (D rD "S -p _ O --' �,,, v CL 0 < 0. O. (/y m = O fD -'• O rD • • r+ J. • .v r+, _ (V p, r+ o, 0 Cu t< (ND r*t , . E "S () 3' 3 < o o- rr -' Z '1 co rD -h rD o n Z• h (0 (0 J• H.4 rD t< 0 0 (l N "(1 r'( -(-1 0 rt CD 0 i o Z p < (0 _' cn N :� -fi (D N rD .1 n O 0 -' O Z 0 0 rf 0 O r -r .n w, a. (D 0 0 3 • z c (� (D Q• = O rr rr (D m -11 to N coo 'o w rD w_ o '-' - N V rD J• O J. 'r1 Z CL Z cp - V� O •• "0 c rD �- (D -}) O0) 3 0 G) �o �. 0-1 = cl 574 a +�- 0.cu rr- N rDri) rr r+ r+ -1 --4 F-• ___, 3 o. r+ (D -, '4 r+ -T O CT O. O O Z S0 w �:ZID�Q o f `mow w -n +-I rD as 3- --,. 'L7 J. J. '-r o (D w -CI n �G o N V) -1 G) (0 V - n c0+ t! aa0 r�rwrD r�Ds _, rD - ;_r_ rD v • • •• • n t<f. O -p 1.i1 (C)3" --..-5. o .N., Dr. 0 0-1 N 3 J•tn O- O w C (D D.- 0 w O rt t0D m -1 O• (D Q rt O' O S -. 0 O C t0 J N n O rf r+ ,. J. (+ w n c f -h rD to C S • fD (D S rh 0' = rD r+ 50(1)=....,. O()cum rt• S S C Cu S 3 O 0. 0= (Jt< 0 V (n 01 (D ,73 rD r* 3 w 0 _.. _- i - to N 0 w . _ 3 (D O O w rh J. 0 (Q rh 0 r1• r+ 3 3- C rh (3 J• C 3' O. 0- 3 (D 0 rt 0 0 ro < 30 (0 0 3 3 < t0 ' r - 1111111111111111111111111111111111111111111111111111111 i 554009 10/20/1999 04 06 156 P289 M ALS 1 of 3 R 15.00 D 0.00 G ELD COUNTY CO WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS that: • EXEMPT WHEREAS, EARNEST E. HARDY and DONNA J. HARDY, 9460-320 Road, Rifle, Colorado 81650 (hereinafter "GRANTORS") are the owners of Parcel B as platted and shown on Scarrow and Walker/KKBNA, Inc. Survey, dated November 9, 1978, and an undivided one-half ('/z) interest in and to a certain well located on adjoining Parcel A, which is also shown on said Survey, together with related water system facilities, all as more particularly described in Deed dated November 17, 1986, from Rob K. Wise to GRANTORS recorded in Book 699 at Page 237, as Reception No. 376379 of the Garfield County, Colorado records; and WHEREAS, DAVID M. JOHNSON and ANNA R. JOHNSON, 2720 Railroad Avenue, Rifle, Colorado 81650 (hereinafter "GRANTEES") own the lands which border the property of the GRANTORS on the south and on the east, by virtue of Warranty Deed recorded in Book 983 at Page 265, as Reception No. 495033 of the Garfield County Colorado records. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, GRANTORS do hereby SELL AND CONVEY to GRANTEES, not in tenancy -in -common but in joint tenancy, the following well rights, easements, interests, property and property rights, located in the County of Garfield and State of Colorado, to wit: (a) An undivided one-half ('/z) interest in and to the water system currently in place, including, but not limited to, the water well and well house situate on adjoining Parcel A, the pump, pipeline and all other equipment appurtenant thereto, hereby conveying to GRANTEES all right, title and interest of the GRANTORS, whatsoever, in and to the well, the water rights appurtenant thereto, the water system, pipeline and all related facilities. AND (b) All right, title and interest of the GRANTORS', as successors in interest to Rob K. Wise, in, under and to that certain Water Well Agreement recorded in Book 532 at Page 766, as Reception No. 296329 of the Garfield County, Colorado records. AND (c) A ten foot (10') pipeline easement extending from the westerly boundary of GRANTORS' property to the well situate on Parcel A, which pipeline easement is more particularly described as follows: A strip of land situated in the SW 1%SW'/4 of Section 20, Township 6 South, Range 93 West of the 6th P.M. said strip being 10 feet in width, lying 5 feet on each side of the following described centerline: Commencing at the common one-quarter corner of Sections 16 and 21 of said Township and Range, thence South 57°52'41" West 8,770.11 feet; thence South 30°07'57" West 152.66 feet to the TRUE POINT OF BEGINNING: thence South 30°07'57" West 135.14 feet to a well house, THE TRUE POINT OF TERMINUS. AND (d) An easement ten feet (10') in width to install, maintain, repair and replace a water line and related valves and water system facilities, over, across and through Parcel B, said easement being located along the westerly boundary of Parcel B and extending from the southwest corner of Parcel B northerly to its intersection with a line projected and extended easterly along the line of the north boundary of the easement described in (b) 1111111111111111111111111111111 1111111111111111111111 554009 10/20/1999 04 06P 6 P290 M ALSDORF 2 of 3 R 15.00 D 0.00 GAR LD COUNTY CO • above, all as depicted on Exhibit A, attached. As provided under the Water Well Agreement (Reception No. 296329) in respect to the easement extending across Parcel A, the easement granted across Parcel B shall also permit and allow equipment to enter upon lands of GRANTORS for the purpose of excavation, installation, maintenance, repair and replacement of a water pipeline and related water system facilities. TO HAVE AND TO HOLD the same, together with all appurtenances thereto belonging or in any wise thereto ��a//ppertaining, and GRANTORS warrant title to the same. Dated this 21 1 day of October, 1999. GRANTORS: Earnest E. Hardy 0nna J. Hardy STATE OF COLORADO ) ) SS COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this ,e)7( day of October, 1999, by Earnest E. Hardy and Donna J. Hardy. Witness my hand and official seal. My f11 Y Ph 'i� eS• tc3NICHOLAS WA JR./ F COt My Commission Expiry J• 'n3 17, 2000 2 MEM it 0 O S CI - >- 1- r4 z Q) N O �d c./ 10 G � _4 W m IL in mom ��c m N 10 -Ce MEM (4) =a n M (� • • • , o `. /1 -/1 9' -13 rN a Im a � O EXHIBIT A . •, M. 1 .4 C • • 495033 B-983 P-265 27/96 04:07P PG 1 OF 2 DOC NOT �.— MILDRED ALSDORF G COUNTY CLERK AND RECORDER 1.00 12.50 WARRANTY DEED THIS DEED, Made this 25th dsy of June , 1996 , between NANGURIAN PARTNERSHIP of tho said County of ARCHULETA and Stato of COLORADO DAVID N. JOHNSON AND ANNA R. JOHNSON whose legal address is 1920 HIGHWAY 13 RIFLE, CO 81650 of the said County of GARFIELD and State of COLORADO , grantor, and , grantee: DOC FEE $12.50 WTINESS, that the grantor, for and in consideration of the sura of Ten dollars and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by thew presents does grant, bargain, sell, convey and confirm, unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvemenu, limy, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: See Exhibit "A" also knows by mot and number as: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what- soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal repreaentatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the unsealing and delivery of these presents, ho 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 u 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 easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 1996, not yet due or payable. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. Tho singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor hu executed this decd on the date set forth above. NANGURIAN PAR /g, / SYS PIERCE HANG 'IAN r�•: State of "r� diol County of as ) RAL PARTNER The foregoing instrument was acknowledged before me this a 5 day of JUNE 1996 , by PIERCE NANGURIAN AS GENERAL PARTNER OF MANGURIAN PARTNERSHIP, A COLORADO GENERALP;RTNERSHIP. My co ,t? TERRI E. WAITMON NOTARY PUBLIC State of Texas Comm. Exp. 1144E vr Ilk No. %02$487 Stewart Title or Glenwood &prime, lac. No. 921A WARRANTY DYED rrs dotal Tonsats) Ree. 5/95 . Witness my hand and official seal. -,4a,A;4k, Notary Public 14 2 rano ati-e 61'i tvoocl Fpr Cr 495033 B-983 P-265AR1�_.L7/96 04:07P PG 1 OF 2 DOC NOT MILDRED ALSDORF G COUNTY CLERK AND RECORDER 1.00 12.50 (N. WARRANTY DEED THIS DEED, Made this 25th day of June , 1996 , between MANGURIAN PARTNERSHIP of the said County of ARCHULETA and State of COLORADO DAVID N. JOHNSON AND ANNA R. JOHNSON whose legal address is 1920 HIGHWAY 13 RIFLE, CO 81650 ache said Countyof GARFIELD and State of COLORADO , grantor, an , grantee: DOC FEE $12.50 WITNESS, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration 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 grantees, 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 said County of GARFIELD and State of Colorado described as follows: See Exhibit "A" also knows by street and cumber as: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what- soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 1996, not yet due or payable. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. NANGURIAN PARTNE ti BY: PIERCE NANG RAL PARTNER State of "jt )(at. County of The foregoing instrument was acknowledged before me this 5 day of JUNE by PIERCE MANGURIAN AS GENERAL PARTNER OF NANGURIAN PARTNERSHIP, A COLORADO GENERALART NERSHIP. My co /��i~�► `` veaNOTARY PUBLIC State of Texas Comrn. Exp. 11,24.& File No. 96025487 Stewart Title of Glenwood Springs, Inc. No. 921A WARRANTY DEED (r. Joist Tenants) Ree. S/95 . Witneu my hand and official seal. /, Notary Public YAC4c.�rn To.. (20Ct-I ed lqZ Ctart!!CLUF CL twio ocl j('r': (ts. Co •'(b( ! 1� % • Johnson Taughenbaugh Mesa Exemption (Supporting Documents) 1. Well Permit No. 21240 (Well No. 1 shown on Plat). 2. Well Construction and Test Report (Well No. 1). 3. Test results on the potability of Well No. 1, showing the "absence" of coliform bacteria. 4. Well Agreement to be used for Well No. 1. 5. Well Permit No. 60638 (Well No. 2 shown on Plat). 6. Deed between Hanks and Wise conveying an undivided one-half interest in Well No. 2 (Reception No. 296328). 7. Well Agreement for Well No. 2 between Hanks and Wise (Reception No. 296329). 8. Deed from Wise to Hardy conveying an undivided one-half interest in Well No. 2 and easement (Reception No. 376379). 9. Warranty Deed from Hardy to Johnson (Reception No. 554009) conveying an undivided one-half interest in Well No. 2 and the easement and creating an additional easement extending to Lot 2 of the Johnson property. 10. Road Cut Permit issued by Garfield County Road and Bridge Department. ui i VE0 L C 0 8 1999 GA -71.1) COUNTY vT, a, .YME 303 e.t , R1An1 • • OCT -26-99 03:48 PM DAVE JOHNSON Form No. GWS -2o APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OR WATER RESOURCES 819 Centennial 31d9„ 1313 Sherman St., Denve,, Colorado 80203 13031 see -3581 DAVID & ANNA JOHNSON 2720 RAILROAD AVE. RIFLE, CO 81650 (970)625-2251 PERMIT TO CONSTRUCT A WELL WELL PERMIT NUMBED DIV, 5 CNTY. 23 Lot: Stock: Filing: Suediv: 9706252888 P.01 OWNER'S COPY SELF 212420 WD 45 DES. BASIN MD APPROVED WELLLOCATION OARFIELD COUNTY NE 1/4 NE 1/4 Section 30 Twp 6 S Rng 93 W 6th P.M. DISTANCES FROM SECTION LINEZ 368 Ft. from NORTH Section Line 1180 Ft. from EAST Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER (RIGHT CONDITIONS OF APPROILAJ, 1) This well shall be used in such 9 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 comp')ance with the Water Well Construation 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)(in)(A) as the only well on a tract of land of t 38.487 acres described as that portion of the NE '''A, NE'/., Sec. 30, Twp. 0 South, Rng. 93 West, 8th P.M., Garfield County. Reference attached exhibit A. 41 The use of ground water from this well Is limited to fire protection, ordinary household purposes inside up to 3 single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns end the watering of domestio animals, 5) The issuance of this permit hereby cancels Permit No. 199527. 6) The maximum pumping rate shall not exceed 15 GPM, 71 The return flow from the use of thls 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. 8) This well shall be constructed not more than 200 feet from the lo cation specified on this permit, 9) The wait shall be constructed end maintained in accordance with variance No. 88-181A, granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors on September 15, 1998. 10) Monitoring hole notice MH -30815 & MH -33383, was acknowledged for construction of a monitoring and observation hole for this applicant, In this Y Y+, on 06/03/97 & 06/12!98. p �.��g APPROVED DMW Receipt No. Scuts p o'n„I DATE iSSUEDSEP 2 2 1998 Ily P22200 EXPI9ATION DATE 4.0, A. 8-1110 • • Excepted out by Book 790. Pays 59 NE Corner Sec. 30 8 L M. Pipe r/ cap 1 269 Ac. r` N.01°06'43 -W. N.89°29 40'E. 1313.32 ti.53'34.24'E, 99.15 NEI/4NEI/4 SEC. 30 T.6 S.. R.93 W.. 6TH P.M. 38.487 Ac. 5.89.26'34'W. 1316,36 N W V V 0 :310 3ca1. l 200' NOTE: The above drawing and the dimensicns aro tete n from a field survey dated July 16. 1997. Survey was titled 'McCormick Exemption' and woe delivered 'o the 3arfield County Planning Office fir s;.bsequont recording. • • LL -5Z9 tOLb) 3NOHd OS919 0 '31=1a 31V NO11r1H 52 .00z - 1 NMvaa � NrDG •0(16 'ON 80 h.. 96i72i. v QNIA3MRIS A1d1Nf100 31YHS nevi y va;edeDmy .00 ai p••;,•a • • Mirth lir y 1A4 NE 1/4 et /M la 1/4 Rifle — Rultson Road 100 Km ft. of I" dia. perforated pipe surrounded by 1 / t dia. screened rock •-• J bed with 3' of dirt cover. 12' deep weft, 4' dia. concrete with the tower 8' perforated and surrounded with careened rock and the upper 4' *olid concrete back/Wed with dirt. SCALE: 1" = 100' 80 tin. ft, of 4" di i. perforated pipe surrounded by 1 1/e" dia. screened rock bed with 3' of dirt cover. Prep* r.ed by: JIlicfcrr E5AUER 1854 CO, ROAD 2�3 RIBLE, CO 81850 4010-62b-1872 Le;al Description Well is located 366 ft, south of the north line and 1 180 ft. west of the east tine of Sectiobn 30 in Township 6 South, Range 93 West of the 6th P.M. tin Garfield County, Colorado. Imreparmd r®r: DAY0 AND ANNA JOHNSON 2720 RAILROAD AVENUE RIILN, CO 81650 910-623-2231 June 24, 1948 FILE; JOHNSON BNDY • • CT -26-99 11:39 AM DAVE JOHNSON 9706252688 - rex OF L Op UCTiON AND TEST REPORT For Moo Use eny RADA, OFFICE OF THE STATE ENGINEER -.. 11... a '1 :11 P,..► P.04 1. WELL PERMIT NUMBER Z I Z 0 TOWNER NAME(8 • Haling Address P�, hone� Zip 3. 1/4 114,Sac. , Range DISTANCES FROM 76411.1: 1E Twp. i4 L ft. fromSec. Ins and jab •S ft. from Sec. line, OR SUBDIVISION: $TRE T ADDRESS AWELL LOCATION: LOT BLOCK FIUNG(UNIT)w 4 GROUND SURFACE ELEVATION 4'79x/ ft, DRILUNG METHOD oP. W AriteAgAFeCiewe DATE COMPLETED +w . TOTAL DEPTH ft, DEPTH COMPLETED i. GEOLOGIC LOG: Depth DoeOdptlen oof 1Aatortal Crypt, Salk. Color, Wabr Locatl0n) B. HOLE DIAM. (h.) From (ft) To (ft) 411 T. PLAIN CASING OD On) Kind Wall Size From(tt) To(tt) PERF. CASING: Screen Slot 8tze: —4 & FILTER PACK Materiel Size Interval ReMARK$; 11, DISINFECTION: +A.6* Am. Used Ip 9. PACKER PLACEMENT: Doh 10. GROUTING RECORD: Material Amount Density Interval Placement 12. 101 IZEISI • C . k . •. If Teel Data Is submitted on Ftxm No. GWS 39 Supplemental Well Test TESTING METHOD Static Level Levelme u, Production Rate, gpm. Pumping vet 112,11 Detefmne measured f. I , Test length (hrs) Z Remarks 1S. I he,nu„u, w reed the *dements made herein and knew the *onion* thereof, and that they art true to my knowledge. IPurr8 uant to .ct on 2441 W (14( .eassmaleCAI., the making or tale* Materna herein oonet$ulw Mrj.ay In the second doom and is punishable as a slaw 1 ml*derneener.) CONTRACTOR a• Phone • OZO Nsmernde (*loose type 7D&4g_ Big D -9x19 LABORATORY 1 RADIAT,ON 00PVI0RS L8 MAN, 0 X L(1JJRY BOULEVARD PG 9OX 11127 DCnvER, CO eoitaiipq 04NVCR CO 002.7 • WATER 11L. NACTgRIoLaW SAMPLE INFORMATION: GGMMI,'NI I NONCOMMUNITY FRIYATE 0 ROUTINE PIAW 0 REPEAT 00141)-4 MONT I GF 0PECIAI, PuPpoet d Pln!bito PAS ID{ NnMeFs MA+�1 ADOF3 "� 75r Z31$001648 MaL GMLOAW8 R 18U f 72P1t Citett Crtt COvnTY ORDERED eV: ,SAMPLE MAY NOT SE TESTED ALL INFoPMATIO4IS NOT PROVIDED) ~~ FEE STAMP t ? 8 , Ia �` S` -k 1.1.41,401111. LAB 100 07/S7) initiigia._._ gi 1 rbk( 1, e - :3>l o ?/!. ,5Q TC6" ORDERID Va OTD IAO-. C OTMi. GOLt.PCre4 TIME 4ilit2b014/. nl AtuNto / /_ 0 RESULTS: SCE RFvERCG FOR ExAT10N TotAL 004.16044 0 IMISINT ABSENT MOST PAOSAAUi Pia couPOR111t001t C2 DEWIER ANALYST 1lI 1' ?Fd I • • WELL AGREEMENT (Water Well) THIS AGREEMENT is made and entered into by and between DAVID M. JOHNSON and ANNA R. JOHNSON, 2720 Railroad Avenue, Rifle, Colorado 81650 ("Grantor") and ("Grantee"). RECITALS A. Contemporaneously with the execution hereof, Grantor is conveying to Grantee, Lot according to the Johnson Taughenbaugh Mesa Exemption Plat (the "Plat"), recorded as Reception No. of the Garfield County, Colorado records, together with an undivided one-third (1/3) interest in Well No. 1 depicted on said Plat, the same being the water well described in Well Permit No. 212420, issued by the Colorado State Engineer's Office, Division of Water Resources (the "Well"). B. By virtue of the Well Permit, the use of ground water from the Well is limited to fire protection, ordinary household purposes inside up to three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the watering of domestic animals C. The parties desire to set forth terms and conditions which shall govern cost sharing and the use of the Well. AGREEMENT NOW, THEREFORE, for and in consideration of the sale and purchase of the Lot described above, and the promises and agreements herein contained, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Well Shares. For the purpose of this Agreement, the Well is divided into three (3) equal shares, each share representing an undivided one-third (1/3) ownership interest in and to the Well. Each undivided one-third (1/3) ownership interest in the Well shall entitle the owner of that share to the use of the Well and the groundwater from the Well, subject to and upon the same terms and conditions set forth in this Agreement. 2. Use of Ground Water. As the Owner of one (1) share in the Well, Grantee's use of the Well shall be limited to fire protection, ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than one-third (1/3) acre (14,520 sq. ft.) of home, gardens and lawn, and the watering of domestic animals. As the holder of an undivided one-third (1/3) ownership interest or share in the Well, Grantee shall be entitled to use one-third (1/3) of the permitted water available from the Well. • • 3. Return Flow. The return flow from in-house uses of water from the Well shall 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. 4. Sharing of Costs. The owner of each share in the Well shall share costs with the owner or owners of the other two shares in the Well as follows: (a) Any owner of a share desiring to use water from the Well shall have the right to install a pump, pump house and extend a permanent source of power to the Well, and make such other and further improvements to the Well as deemed necessary, with or without the mutual agreement and participation of any of the other owners. (b) With respect to facilities such as the pump, pump house, power source and other equipment and facilities necessary for the common use of the Well ("Common Facilities"), any owner of a share who has not previously used the Well or otherwise participated in the costs of the installation, replacement, repair or maintenance of the Common Facilities, shall be required to share in all such costs incurred by the other owner or owners during the previous one (1) year period. To this end, prior to connecting to the Well or using water from the Well, such owner shall reimburse the other owner or owners an equal proportionate share of the costs incurred with respect to Common Facilities during the previous one (1) year period. There shall be no obligation to share costs incurred by the other owner or owners prior to such one (1) year period. The provisions of this subparagraph shall not apply to water distribution lines. (c) The owner of each share shall have the right, at that owner's sole cost and expense, to make his own physical connection to the Well and install and maintain a separate private water line extending to his lot, utilizing the easements shown on the Plat. No other owner may connect to such separate private water line except upon such terms as the owner of that line may agree. (d) If any water distribution line is to be used by more than one owner, the costs of installation, maintenance and repair of such distribution line shall be subject to agreement between or among the owners using the same. (e) Except as provided above, no owner shall incur any obligation or be responsible for any costs in respect to the Well for improvements, maintenance, repairs or operating expenses, except during periods when the property of that owner is physically connected to the Well by a water line or that owner is otherwise using water from the Well. 2 • • (f) Each owner of a share shall be responsible for and pay his equal proportionate share of all costs of improvements, maintenance and repairs incurred in respect to the Common Facilities, attributable to periods during which that owner's property is physically connected to the Well by a water line or such owner is otherwise using water from the Well. 5. Operating Costs. In the absence of water meters, service charges for electricity to operate the Well shall be shared equally by those owners who have connected to or are otherwise using water from the Well. Each owner shall pay his share of the operating costs promptly upon receipt of billing. 6. Water Meters. Owners representing more than fifty percent (50%) of the ownership interest in the Well (a "majority of the ownership") may require, by written notice delivered to all owners of an interest in the Well, that water meters be installed to measure each owner's water consumption. Upon the installation of meters, the majority of the ownership may also require that electrical service charges for the operation of the Well be shared in proportion to the metered usage. 7. Rules and Regulations. A majority of the ownership may also adopt rules and regulations from time to time as deemed necessary to govern the operation and use of the Well in an equitable manner and consistent with the provisions herein contained. 8. No Warranty. No warranty or representation, express or implied, is made by virtue of this Agreement with respect to the current condition of the Well, the projected costs of capital improvements or with respect to the quality or quantity of water available from the Well. 9. Suspension of Use. No owner shall have the right to use the Well or any water produced from the Well while in default under any of the terms and conditions of this Agreement. 10. Enforcement. The failure of any owner of an interest in the Well to comply with the provisions of this Agreement shall give rise to a cause of action, in favor of any other owner aggrieved thereby, for the recovery of damages, injunctive relief, or both. Failure of an aggrieved owner to enforce any such rights shall in no event be deemed a waiver of the right to do so in the future. 11. Amendments. This Agreement may be amended only upon the agreement of all the owners of an interest in the Well, signed and acknowledged in the manner of a Deed and recorded in the records of the Clerk and Recorder of Garfield County, Colorado. 3 i • 12. Binding Effect. This Agreement shall run with each undivided one-third (1/3) ownership interest or share in the Well and shall extend to, be binding upon and inure to the benefit of the parties and their respective successors and assigns. Dated this day of , GRANTOR: GRANTEE: David M. Johnson Anna R. Johnson STATE OF COLORADO ) ) COUNTY OF GARFIELD ) ss. The foregoing instrument was acknowledged before me this day of , by David M. Johnson and Anna R. Johnson, and and Witness my hand and official seal. My commission expires: 4 Notary Public THIS FARM MUST BE SUBMITTED PRIOR TO THE EXPIRATION OF THE PERMIT. TYPE OR PRINT IN BLACK INK. STATE OF COLORADO • • %/Wt `int% IJ tJ LI1 II 1 1I VI ■1U 1v,- 101 Columbine Bldg., 1845 Sherman t. Denver, Colorado 80203 ___--STATEMENT OF BENEFICIAL USE OF GROUND WATER AMENDMENT OF EXISTING RECORD Qu C) ." PERMIT NUMBER 60638 SS. THE AFFIANTS)_ whose address is rte' a r- o Xx F/G being duly sworn uponoath, deposes and says that he (they) is (are) the owner(s) of the well describedri/hereon; the well is located in the 2 {I 1/4 of the S Z.--'(21/4 of Section (N...)D , Township (P s /(N. or S.) Range 9J C-0 ,______(/____P M at distances of feet from the section line (E. or W.) (North or South) and feet from the section line; the total depth of the well is � feet; wafter from this well (East or West) A/ was first applied to a beneficial use for the purpose(s) described herein on the day of ✓/TG��i r , 195 the maximum sustained pumping rate of the well is /5./ gallons per minute, the pumping rate claimed hereby is_ ga\;,-l-Is per minute; the average annual amount of water to be diverted is made for 41 AI from this well is to be used is acre-feet; for which claim is hereby purpose(s); the legal description of the land on which the water which totals acres and which is illustrated on the map on the reverse side of this form; that this well was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he (they) has (have) read the statements made hereon; knows the content thereof; and that the same are true of his (their) knowledge. Signature(s) Subscribed and sworn to before me on this /1 _ 442 , My CommissionexpiresJul, d4,1Y/6 My Commission expires - (Seal) day of No . Ty Public ACCEPTED FOR FILING IN THE OFFICE OF THE STATE ENGINEER OF Cr' ORADO ON THIS // DAY OF `�y. , 19 IV STATE EfIIGIN • ER �E COPY F.R DIVISION OF WATER RESOURCES PINK COPY FOR WELL OWNER FOR OFFICE USE ONLY Prior. Date , 19 -- Well Use 1/s, 1/4, 1/a, Sec. T. Yield W D Co Index • // Recorded at o'•lock /19 PUG 8 1979 • ReceptioNo. n 29632,8_._ azaho -THIS DEED, Made this 3rd daY or Aucrust. ,79 between EDWIN J. HANKS, JR. AND PATRICIA J. HANKS of the County of GhRFIELD and State of Colorado, of the fret part, and R08 K. WISE whose legal address is 9460 320 Road, Rifle, Colorado 81650 of the • County of GARFIVLD - and State of Colorado, of the second part:. ' AUG 8 1979 PrICIINTATI fit WITNESSETH. That the said partiltIllof the first part. for and In consideration of SIXTY SIX THOUSAND SEVEN HUNDRED SEVENTY AND NO/100THS DOLLARS J,to the said part IMP :of the first part in hand paid by said party of the second part, the receipt whereof is hereby confessed and acknowledged. MN! granted, bargained, sold and conveyed. and by these presents do grant,,bargain,,sell, convey and confirm, unto the said part y of the second parthlg heirs and assigns for- . ever, all the &flowing described lot or parcel of land, situate, lying and being in the • ;,,County of,•- • GARFTELD , and State of Colorado, to wit: \.•f; ','"'trAlarittvensisIte FOR LEGAL DESCRIPTION "I" •••• l•' -'s153-,• • • • t ' 1 ( •• • i)'. 0 , ,10.1 4,10 " '' • ' "9.14 ill PI a 1 ,w:4101 !..1,,. r '4 r, LI ,,,„. , ),kakit::,,.. ,•„„ ;,,,,,. „ . , r , • •' ' 4, '16 ',:i. t,-.1ti,,.tr!rj,ki sq.,,,,,,, -,,,,,,,o,. at i..t ':' r., ,,, ! • vs., ,,,11, ,,,,, 7,1 {.. • ,i' , „ ! • ; • • .: akie . L,f, f -•, .. O. 0. ., '`' . "'IL' j'' •-)n ''J ' hi,r,A ,.r.ftl.e , 'ailii• known as sirett and nuniber , 9460 320 Hoed",Rtrieg Colorado. 81650' ,,,i'1100ETHIRR with all and ainfular the hereditaments and arpu rten &Ices thereto belonging, or ittanywiseapper- taininei,od:iti,re,lgrersiOri and keye relent,- remai;rier and..reinainders. rents issues and.pront. thereof, and all the . ..'(•• 14 .!...,-• 1 -1 -1--, ' - '`• ' ' ' • ,,I ' , 1 ' ea • ei rigit, title, nte , e a m a eman w atsoever n the aai,tpart_11 of tife first part, eitbet: in Isle or !.11l ill Clitttlitln" re4t1 1 IL -: • W.3" •r'' 'a ' •i, ' '' • ''r -.'".."'' le equity, of. in and tii the abet** bargained premises, with the hereditamentsand appurtenances,, , , , -• TO HAVE AND TO HOLDtiitii.1 premise: above ba,rgained asiclileseriheewitit tile appurienanqes, linto,.tbe.,, • ., r..c.• -I,- •,-vi • ., . • • • • •.• . . • • . • seale_a4 TIV-,:cem.4-----4 iit, t4.0, heirs 'and ass' (oreyer., 41, nd the 'said jiart los , of the f,irat party., , I ; • to? 'thing iteiliNilitaLlFear eiteeuinite, NW adjninisifacori., do,. cove:mint,. great. liar,gai7„,end itgre.e, to 411,1,01 ••I• ..,, V. .t." • r ' - _{,••••ri 'Irv. - . . , .. ofibetie litYesetitli;•-Miai iiillir-t;s'1 wellliekaed of the plt4e1V8VI IlbOVe con ve4yied,ais o. f good, is u 5e),. reri'e ct, absOlute ond 4,1 wth tlr sajtpataX,;.. :'?f tbiziev,d iart; rp,s netts and assigns, t)tat at the time of the. er5alint qnd deli;i',..7. , .., •., • . . 1711(11el'ealigtiestiae of inbir•i?;Fee, iifiiiW. jn fee itemile,and ha .iifit.°7' .1'. (.. i ripilt, f,yll'po wer ',find authority ' ,.. • •••• • -••••• -, 1 littl n i ri 4 _“9: 1 ...... • f.....y • ' . ritq. r • . t!•••, .i, • o grant, bil•gbin. sen and tqnvfx tem s..ame in costrner,and fOrm al afores.a id, and' that t be same are free and lqar, -f....r1.1I.V , r.. : ir.• .N:o-, •.0 .T.' ' . !, ' 1 , 1. P ! . P . .•t ror lin pr!ner 0110.412ciet gran giLga?iirts, same aene.,,,ttyes, arsasunents and encurabrancenof wbateyer kindof ., atu'ri solateiCili ' 19/9- aid' Aar, anir eaeeeents,tpregtlictbea, r,,iteeki,a • * caloginitiiiii..0.1„•10601,41:i; lfaiiiir' II Dr. o.. . ,. .s• 3•• , -... • . 11.,.,_ vr. roit ^-1 4 4. , 4n, -1!,r,. • .. '.'1.-..'' "rn...,t4f5; :•.'...j -f. f :Yr.': 4 :41"...•tilir‘ea'r 'au': i i csl. 1.1 - .,. fr. 1, 1 . Vi ' ,1 ! t'ol:' i ••• ' I' 1••: •,, l" • '''-r‘ ;!' ..:+0;',..i nc% -of••:',4.. .(:. .ti•••IN!! ,:riblW ft i ""., . `, I y'r- . .i.' , ,-, • '••••:,* ' , .rt .,.. ,'. ' =••'' ' 1 . . and the above bargained pret.'ilsea in the quiet and peaceable' possession ofthe said'partY ei t Fie Second Part. • his heir and assigns against all and evyry person or persona lawfully claiming o- to claim the whgle or ay pa rt .. tiittredr, iii-e1saidliell 41INS -* '..'(..11, •••' 1 l'ir. ' 4,..iii' t he ffrial'iartilliti,Pa nclIvidyrA it,li'A id ./rN't•I‘ FBitE VER YE ND, ' IN WITNESS WHEREOF. the said part ies dplie first Wtri ildve - hereunt,;.settharfianA ,' 'keiida;iii").4 '; -1t•K'Wdiy iitill y7:2i.'eirst. ii5OC;eciitien.V • 1 ' ' ' - '' " '''''' '` • ' ''''' i .n " '' r... :7 t • - s, tr., •• 1 • 4 .' , ', ' ; .-.. ...." . . i(SEM.) I EDWIN J . . $ • izjj ISF:A IA •I STATE OF COLOR A 1/0, County et GARFIELD Th.. I'••rogoing hist rument was xekuowleduefl I, fore in. his 3rd d„, „I August 1!,79 , t•s• „EDWIN J. HANKS, JR., AND PATRICIA ..T• HANKS ,o-inrinkrio'rVv,x 'ores !?•(../Aft,e,,eiyt 1. rlf/- Wi in% 1111.i ft.- 31 ...Ili • r /1; • P TRicIA J. -13.oc; • •r4 tt '4 n• • .... li... i o• , .4 03 z • ,- • • . • • •-• BOOK 532 rAcE7(35 •• •„..• ••••';',..;.”. • •' • VISITOYO".• j,I*1'.fl. • 4liVINX; (1:arilatC101)' • • ••• of , 51013)1116 of Section 20, Township 6 South, Range 93 sat Dille* dth,pae/dWiyirtg Southeasterly of the southeasterly right-of-way of i" Mood 420LiogiA!!!ilmetild eod,in place. , x ve*c},r1 H, . I% 4 , '• MLti > , :1'14=W, 1 t A atMIw Vall•eparHirber Corner of Sections 16 and 21; thence S. 5808040" W. t8,692.11 feeVteitYpodiltVakstioOiseutheaster1y right-of-irey line of, said Cotulty Road and the:Trua-eolt ett ,• q- . thestow,S*30m31,00*_ iI4210.00 'feet; thaeowtrn,ss-rtirm,.__ , ir4f 210.00 feet to a point being the easterly corner coon to 1%; '1;‘,:Porcal *it laid 'Perdal4IS*,..aa Platted sad 'helm on scaitee end lidlter/K1cENAt,ollia•0 survey dated,NObere1978 and.rinrised..7ely19, 1979; Pt" itt ..thencie X. 30031,00.. W. 210.00 feet`to, a point en the southeasterly,right-of-wey line ioCtsaid'Osunliy Road and,the corner cowson to Parcel "A" and Parcel "B" of said survey; 'Ahem* M. 59 29000e tai,dlenoreaid'right=of•way 210.00 feet to the Tzu Point of Beginning; t.ogother with all laprivessents situate thereon and en undivided one-half interest in and vte the intim:,., . curra,t31J,pppre,igletyag said .Paccel;,imluding, but not limited ito, mlli:, , , and.AU-Othet;ST1wontequrtenent thereto and a 10„foot pipeline • s'''il ' cblesolintljed.; &ascribed s', ,,, ..t, o "," -• • ,";44:',1;s8i....,,,,', A strip sealed iiituated in the S11/4304 of Section 20, Township 6 South, Range 93 west of the Stle PI , New Said strip baby 10 feat in width, lying 5 feet on each side of the io11owSn'&scribedceeterlitlek-',, ,. 1St bIWII.II9 on...quarter corner of Sections 16 ang 21 of said township 4 and,range, themes' f r 52141“ W.,..8,770.1A feet; thence S. 30""07057“ W.152.66 feet to ., :Time IhRtat'et ;thiatica 3. 30 07157" W. 135.14 feet to a well house. The ofiliereineS;" o1" '40,°,1:*1•C'' •. , .. '--.., -4 -0, ,,,,. , . ...,,,,,, ; ' . '6e0 • 4:" , f4.,,, 4 ,, ar,.ciAierzauc . , - •,4.„ ..;.,;• ,, .', ' ,. .„,. ' IT.. Snit Of' COLOltADO 7 ,44 li 1.•• ,, 1 ,;,. '47.0t&g. 4,? 4 • • Reoorded at /1 o' olooi A ,.M. AVG E 131`1 Re cop :ion Y.o. 296329•/Hid: ad Alsdorf, Reoorder WATER WELL AGAE>:7E: r BOOK 532 rAFI• i v i!; This agreement entered into this 3rd day of August, 1979 by and between EDWIN J. MARKS, JR., AND PATRICIA J. HANKS, referred herein as "Hanks", owners of a parcel of land situated in the SM SWIi of Section 20, Township 6 South, Range 93 west of the 6th P. ll., County of Garfield, State of Colorado and ROB K. WISE, referred herein es "Wise". WHEREAS, Hanks and Wise desire to set forth terms and conditions for maintaining and operating the water system currently in place and serving said parcel of land; and WHEREAS, )Ianks and Mise demise b Where any cost or expense for repair of said water system, That Wise's easement ss;aei''fcrtb en Warranty peed dated August 3, 1979, will allow equipment to eates:tipen said land for the purpose of excavation, installation, maintenance and repair et said wells, rade line or pump. This agreement is assented L &palest* ami elan benefit and be binding upon said HANKS and KISS , their mails ass!¢1s ami smooasaees in interest. -O-4-O' . C:545405 f•Lld 'i=4%,111=+40 g es t was acknowledged before me this 3rd day of Aug:st, 1979, by. EOih tr. Hanks, Jr. and Patricia J. darks and We K. Wise. My commission expires October 6, 1982. witness my hand and official seal Notary Public Recorded :it .1 Reception No.. 3 - o'(•Ioc•k _ L.. M.,N'unF jM6' ? Recorde THIS DEED, Made this 1 7th dayo between ROB K. WISE November of the R.Hf !S?AX►IX, of the first part, and EARNEST E. HARDY AND DONNA J. HARDY whose legal address is of the County of Colorado, of the second part: 237 ,1986. and State of C and State of FILING STAMP WITNEV$E:•H; that-4he'said party ofat v first part, for and in .considec�ation of the sum of Sixty Nre'e Thousand Five' Hundred and no/100 DOLLARS and other good and valuable considerations to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their heirs and assigns forever. not in tenancy in common but in joint tenancy, all the following described lot or parcel of County of Garfield and State of Colorado, to wit: land, situate, lying and being ip the Cr /23 1, l 9 also known as street and number SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF 9460 - 320 Road Rifle, Colorado 81650 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper- taining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate. right, title, interest, claim and demand whatsoever of the said party of t he first part, either in law or equity. of; in and to the above bargained premises, ‘‘ith the hereditaments and appurtenances. TO 11AVE ANi) TO 1101,1) the said premises above bargained and described, with the appurtenances, unto t he said parties of the second part, their heirs :id assigns forever. And the said patty of the first part. for himself, his heirs, executors, and administrators, does eoven"nnt, gr•atft. bargain and agree to and with the said parties of the second part, 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, as of 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 aforesaid, and that the sante are free and clear from all former and ot her grants, bargains, sales, liens, taxes. assessnients and encumbrancesofw}iate'ei. kind or nature soever, EXCEPT, general taxes and assessments for the year 1986, U. S. Patent reservations, any and all prior mineral reservations, and restrictions, of record and easements and rights of way of record or of an apparent nature AND EXCEPT.a Deed of Trust in favor of Alpine Mortgage Company which grantees have agreed to assume and pay and the above bargained premises in the quiet and peaceable possession of the said parties of the second part. the survivor of them, their assigns and the heir's and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any !part thereof, the said party of the first part shall and will WARRANT .AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the said party of the first part has hereunto set his hand and seal the day and year first above written. Signed. Sealed and Delivered in the Presence of Colorado STATE OF k`6X,IbXY)ti'CX VAX—POMP ss. County of Garfield The foregoing instrument was acknowledged before me this by Rob K. Wise • My Commission expires January 6, 1990 L Rob K. Wise (SEAL] - ISEALI ISEALI 14th day of November .19 86, .19 . Witness my hand and official seal. 1542 Railroad AveRifle, C 1oRoPuniic No. 921A. WARRANTY DEED.—To Joint Tenants.- Bradford Publishing Co., Denver, Colorado 11.49 ti� W �+ n (D � D p, rt a N 0 O 0 0 0 a W ,_ _r• S -, a w 0 to r a o) 0 0) rD 0 D OO= a n N a.2 (D J -..••S C .. a N N foto h W S r+ CC (+ V V N. -SO N (D - a r+ ._,. (D S - (D N 0 03 7 0) ( -5 01 (I7 N .,. (D a 3 J (D J 0 _5 N d c (A n V V-0 Qr+v oar -0 as toy--,-+a.A. 7 r+ (D = N 0 0 r+ -S 0� A`� �a�< O O= r+ Nas o. a -h O t< - �. C. 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(D Q. = -1 -S 7 (el - 0 (D m .A. 0 m _, a O= (D o -s to (o -mss c (�tN+• r+ o= (� -s 21 -I -10 _� -- JN . a.0 < fa. 0 CD ,art -s S o ' = t7 n • . rr .�. • - r+ = N a = 0 a' t< to _ r+ n (D m z rD rD r+ (o to (� `� p p r' m rD -', CD 0 n �N 0rt -+,am. t< r+ :V -fi (D = (D a n O (D ' O Z O (D r+ 0' Coco , 1] _.• O O C� zc n 7"7 M -n y N N c C 0 0 a, S7 = 0 r+ r+ (D V (D ...• O ...i. _ 'Tf Z a_ (D OD= O Z 7- • N V n O y n -a lD o "h S = •• 0) 0 N D O2 m 0 2 a I , a rt) to a ((00 •• N 7 O y r+ O Z r+ = rf ZJ -4) Vl r+ r+• 0cu (11 CU 0)OSO 0 =t<7 N N.0_.. _,, r-. D a (Z co Ql S= r+ a_ r+ S j�(D _ = Z N a fD J (DJ -0 c n r+ C)tDn a s r+ (Diy.=at< -s J (D� 7 Nta _ (-4. Q__ Dr+cC (D -s rOO=p pQOOc ,-+ t<_,.01 Z S =. to 0 N = N O - (D -s a = r+ r+ C = fD C = to (D M_ !D c + = 0 S 0 (../) • n n rt rt„ r+ 0.1 (s -45 (D t0 C __ N O N N lT oW = S r+ ...h ro y ' r$ a (D r+ a p (D =- �• 0 a rDD r+ 7- 7”c13)-5 a- ca. 0=Wt< o N (!) (D .gyp O a O- _' N C. : v) t o r+ c r+ r+ -.• Ota r+ 0 s+r$ = (+ C, o f O (D O r+0 S to 0 t< _ (?D o (D ata �G (D 11111111111111111111111111111111111111111111111111111 554009 10/20/1999 04:06P 56 P289 M ALSDORF 1 of 3 R 15.00 D 0.00 GA LD COUNTY CO WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS that: • EXEMPT WHEREAS, EARNEST E. HARDY and DONNA J. HARDY, 9460-320 Road, Rifle, Colorado 81650 (hereinafter "GRANTORS") are the owners of Parcel B as platted and shown on Scarrow and Walker/KKBNA, Inc. Survey, dated November 9, 1978, and an undivided one-half (') interest in and to a certain well located on adjoining Parcel A, which is also shown on said Survey, together with related water system facilities, all as more particularly described in Deed dated November 17, 1986, from Rob K. Wise to GRANTORS recorded in Book 699 at Page 237, as Reception No. 376379 of the Garfield County, Colorado records; and WHEREAS, DAVID M. JOHNSON and ANNA R. JOHNSON, 2720 Railroad Avenue, Rifle, Colorado 81650 (hereinafter "GRANTEES") own the lands which border the property of the GRANTORS on the south and on the east, by virtue of Warranty Deed recorded in Book 983 at Page 265, as Reception No. 495033 of the Garfield County Colorado records. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, GRANTORS do hereby SELL AND CONVEY to GRANTEES, not in tenancy -in -common but in joint tenancy, the following well rights, easements, interests, property and property rights, located in the County of Garfield and State of Colorado, to wit: (a) An undivided one-half (lh) interest in and to the water system currently in place, including, but not limited to, the water well and well house situate on adjoining Parcel A, the pump, pipeline and all other equipment appurtenant thereto, hereby conveying to GRANTEES all right, title and interest of the GRANTORS, whatsoever, in and to the well, the water rights appurtenant thereto, the water system, pipeline and all related facilities. AND (b) All right, title and interest of the GRANTORS', as successors in interest to Rob K. Wise, in, under and to that certain Water Well Agreement recorded in Book 532 at Page 766, as Reception No. 296329 of the Garfield County, Colorado records. AND (c) A ten foot (10') pipeline easement extending from the westerly boundary of GRANTORS' property to the well situate on Parcel A, which pipeline easement is more particularly described as follows: A strip of land situated in the SW1/4SW'/4 of Section 20, Township 6 South, Range 93 West of the 6th P.M. said strip being 10 feet in width, lying 5 feet on each side of the following described centerline: Commencing at the common one-quarter corner of Sections 16 and 21 of said Township and Range, thence South 57°52'41" West 8,770.11 feet; thence South 30°07'57" West 152.66 feet to the TRUE POINT OF BEGINNING: thence South 30°07'57" West 135.14 feet to a well house, THE TRUE POINT OF TERMINUS. AND (d) An easement ten feet (10') in width to install, maintain, repair and replace a water line and related valves and water system facilities, over, across and through Parcel B, said easement being located along the westerly boundary of Parcel B and extending from the southwest corner of Parcel B northerly to its intersection with a line projected and extended easterly along the line of the north boundary of the easement described in (b) I 11111111111111111111111 1111111111111111111111111111111 554009 10/20/1999 04:06P 41116 P290 M ALSDORF 2 of 3 R 15.00 D 0.00 GARFWED COUNTY CO • above, all as depicted on Exhibit A, attached. As provided under the Water Well Agreement (Reception No. 296329) in respect to the easement extending across Parcel A, the easement granted across Parcel B shall also permit and allow equipment to enter upon lands of GRANTORS for the purpose of excavation, installation, maintenance, repair and replacement of a water pipeline and related water system facilities. TO HAVE AND TO HOLD the same, together with all appurtenances thereto belonging or in any wise thereto appertaining, and GRANTORS warrant title to the same. Dated this -4day of October, 1999. STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) GRANTORS: e 71 aJ Earnest E. Hardy onna J. Hardy The foregoing instrument was acknowledged before me this by Earnest E. Hardy and Donna J. Hardy. Witness my hand and official seal. My Commission Expiry 17.2000 { w 2 day of October, 1999, 2 0 INENI a � a 0 mum .rz 0) � o Noma0 Nm o 1f) J =M mow m � con - nom os) o 1-4 B CSI IMO N U) m nain D) M �1 O 11) ) :v.. •O • • Ir,• EXHIBIT A tel► Ii, I -1 • • • c DEC --06-99 11 :03 AM DAVE JOHNSON FAal C.ARFIE6L CL: f:':AL EF'1DUE 70 9706252888 6a5::$86 F.01 P. 03 Permit No. 043-99 TI Date: 11-01.1999 GAR FI ELD COUNTY CONsTRu TIO V PERMIT FUR INSTALLAT1ON 0P UTILITIES IN CLIC RIGbTx'S - OP - NAY fermittee's Name: JUHNSON, DAYS Address: 2920 RAILROAD Ala l'ypa of Installation; WATER LINZ Location and Description of Work: Co Rd Cont.. ON CR 32C SOUTH SIDE Estimated Construction Schedule: Start: 320 CO 81sso ,2 MILE BAST OP INT CR 32C i 317 11-01.99 ?inish: 11-01-99 Requoist for pernut.asion to make the above described installatian at the location specified) is hereby granted, ,subject to the following terms, conditions and special provisions: 1. It is understood that the Permittee will cause the installation to be made at no expense whatsoever to Garfield County and that rill Perm1ttee will own and maintain the installation upon completion of work. 2. Its Pertillttee shall maintain the installation at ail times and agrees to hold harmless the County of Garfield And its representatives, agents and employees from any and all liability, lass and damage which may arise out of or be connected with the installation, ntaintenagec, alteVdtton, removal, cr presence of the installation above described or any work or facility connected therewith, within the area covered by this Permit, 3• The entire installation, repairs and clean-up shall be Meted prior tot 12-01.99 4, The traveling public shall be protected during the tnatallation with proper warning signs or eignale both day signs and signals shall be installed a and night, end wthe Permittee and in accordance with directions givens by the Board the County Commissioners or their r�,pryearlr.at,iva$ No ' trenchn 8oa►rd of permi:teci in the traveled roadway after dark, unlo atlotherwisesepecified in the Special, Provisions below. 3. mark the tas Board cat dmofoCountyt eCommdesioners so requires, Pertttittee shall to the Board of County Commissioneerrslcnratheir representative. in a manner a=Ccepr acceptable 6. ra the event any chA a that would necessitate removal for made to this highway in the future t�r►rrnittge N111 do so promptly at its of this inatellaLlUn, Fran Board dCounty � Y own expense upon written request from thebBo far any Commissioners. The County will not be highway to.installtionaplacedtinsideePublicnRthe ights-of-Waylimits. of the Rights -of -Way DEC -26-99 11:04 Pal imismimmmw • • DAVE JOHNSON kOci-31-5ti,5 18;06 FROn Q1=1RF1ELi) CC READ BRINE TO 9706252888 P.04 61,523ee P,25 Permit No. 043-99 D Date: 11-01-1999 GARFIELD COWTY CONSTRUCTION PERMIT YOR INSTALLATION QP UTILwtii$ IN PUBLIC RIGHTS - OF -.WAY Pertrittee's Name: JOHNSON, DAVE Address: 2720 RAILROAD AVE RIFLE' CO 81650 Type of Installation: WATER LINE LOCation and Description of Work: Co Rd 320 .2 MILE EAST OP INT CR 320 a 317 Cont.. ON CR 320 SOUTH SIDE Esticaced Construction Schedule: Start; 11-01-99 Finish; 12-01-99 Request fox permission. to make the above described installation at the location specified is hereby granted, subject to the following terms, conditions and special provisions: 1. It is uuadetStood that the Permittee will cause the installation to be made •t no expense whatsoever to Garfield County and that the Permitter will own and maintain the installation upon completion of work. 2, The Permittee shall maintain the Installation at all times and agrees to nold harness tne County of Garfield and its represent,itives, agents and employees from any and all liability, lase Suld damage which may anise out of or be connected with tho installation, maintenance, alteration, removal, or presence of the installation above described or any work or facility connected therewith, within the area covered by this Permit, 3. The entire installation, repairs and clean-up shall be completed prior to: 12-01-99 4, The traveling public shall be protected during the installation with prod er warr.irtg "live or signals both day and night, and wazniny signs and signals shall be installed by and at the expense of the Permittee and in accordance with directions given by the Board of County CommisRinnr, rig or their repreoentattive , No open tvo,noli d u 11 be permitted in the traveled roadway after dark, unless otherwise specified in the special Provisions below. i. If the Board of County CommioIaioners Bo requires, Permittee shall mark the inetalimtion at designated loca<tionta in a Tanner acceptable to the Board of County Commissioners or their representtstive. 6, xn the event any changes are made to this highway in the future that wc»1.1d necessitate removal for relocation othis installation, Perttittee will do so promptly at its own ahnse upon from the Board of County Co niseioners. The Countillwrilinotnbeg est responsible For any damage that ma,y result in the mttiatenance of the highway to installation placed inside Public Rights-of-wayi limits. • • LEC -06-99 11:on A'N DPIVE JOHNSON 97062'52388 W'.- L-:=5 c 16;06 FROrj ; RF'ELLI CC ER1DCE 10 SZ:7489 P.04 7. permittee will be required to shut off lines and remove all combustible material's from the right-of-way when requested to do so by Board of County Commdssioners because of necessary road construction or maintenance operations. 8. Where the installation crosses the roadway, it shall be encased in pipe of larder diameter and the crossing Shall be as nearly perpen- dicular to the roadway as physically possible. This installation shall be installed by the method of boring or jacking through beneath the road surface; however, open cut shall be allowed up to the edge of the surfaced portion of the highway. No water shall be used in the boring and no tunneling shall be permitted, If boring is not successful then arrangements should be established with the County for possible excavation methods. 9. Khere the installation Grosses any ditches, canal' or water tarrying structures, wherever possible it 1ha11 be pushed though and beneath in a pipe nP lergee eieneter• thereby eliminating thin reeesraity of trenching with a min. bury of 4 ft.. In mo case rshall the flow of water ever be impaired or intrerrupted, without prior areengements having been made with the effected water company or diterb assoetatien. 3.0. The installation stoat be accomplished in accordance with accepted good practices and conform to the recommendations of the National Electric Safety Code and to such Colorado statutes as are applicable. 11, The above-described W;ADBR LINTS aha1l be inatailed beneath the Surface of the right-of-way at a minimum depth of EOO and the disturbed portion of the rigbt..of•way will be restored to its original condition, Any backfilling in the roadway shall be made in six-inch lifts and mechanically tamped and packed, and the last twelve inchcc of backfill shall be of stable granular material such ea crushed rock or gravel. 12. Pertttittee, shall be reeponsi,ble for as repairs to roadway or right-of-way necessitated by the installation. 13. Parmitteir's installation ',hail be nude et a ].oration mutually agreed upon by Permittee and the Board of County Comniesionera or their representative, and in accOrdance with details and specifications shown on the construction plane, a copy of which shall be furnished Lo Garfield COuarity, 14. Permittee shall inform the !Board of Couaty Culla u U. inners of con- struction methods, equipMent and operational prpce ureae that will be utilized and shall obtain the concurrence cf the Board of County Co=missionerr, l5. Permittee shall advise the Board of County Commissioners or their representative at least 48 hours In advaece of the tine at which work on the installation will commence. is. Any materials from excavaLA aw the result of will be realoved from the roadway surface each day. 17. Onder no condition is en asphalt, surface to be wise specified in the attached special Provisions. the instal1aeion cur unless other - F. IDS • • DEC -06-99 11 cos FSM DRVE JOHNSON 9706232888 F.06 FRUhi 3k IELU eC VAL, BRIDGE TO Ea2Bl:E, F,03 18, Where reference ie made herein to the representative of the Board of County Commissioners, such repreeentat,ive shall be the District Road Supervisor, unless otherwise specified in writing by the Board of County Commissioners. 19, This permit shall be valid during the estimated construction schedule met forth above. Neither the Owner, nor Prerittee shall conduct any work persuant to this permit at anytime other than that set forth in the estimated conrtzuction,schedule, IN THE ROADWAY EETWEEN DITCHES 95% COMPACTION, BETWEEN :?ITCH & F$NCSt LIN3, 83% COMPACTION. TRENCHLLNE INSIDE ROADWAY, LAST LIFT NEAR$ TO 83 2 PT. OF CLASS 6 ROADBAS3. PERMIT ES WILL BE REQUIRED TO MAINTAIN THE AREA WHEREIN UTILITY INSTALLATION :S MADE DURING CONSTRUCTION AND T W YEARS AFTER COMPLETION DATE. IT WILL BE THE PERMITTEE'S RBSPONSI$ILITY, W1RN REQUESTED, TO SUPPLY AT THE PSRMITTEE'S EXPENSE, COMPACTION TESTS AND RESULTS OF PESTS FROM A LICENSED PROFESSIONAL ENGINEER. Special Provisions; RESPONSIBLE FOR TWO YEARS FROM DATE OP COMPL£TZON OV R 1P1 RlrMQVR NOT TN TRENCH 95 COMPAC:ITTnN - IIRTVP40AYfi CROSSED WET 8E PUT TO ORIGINAL CONDITION FOR THE BOARD OP COUNTY COMMISS.IaNCRS Or GARPIELD COUNTY, COLORADO In accepting this Permit the undersigned, representing the Permittee, verifies that he has read and understands all of the foregoing pro- visions; that ha hap authority to sign eor and bind the Dermitteer and that by virtue of his eignatre the Permittee is bound by all the conditions set forth herein. THE COUNTY DOES NOT VERIFY THAT THERE IS EXISTING COUNTY OR PUBLIC RIGHT-OF-WAY WITHIN WHICH TO PLACE PROPOSED U'TILI"Y. THE APPLICANT xa AESPON8i®L2 FOR VaraPYnNC TNN SXitTBlica OF ALL NBCI=S3ARY RIGHT -OP -WAY FOR 'NS PLACEMENT OF THE UTXLITY. Permit Applicant: Rev. 4/90 DEC -06-99 11:06 PM DHVE JOHNSON NOV-'p1-1995 16;06 FRUS; GARFIELD ROAD 8 ERIOGE TO 62526E38 F,02 SOVROOBBDEPARTMENT ,A+) BPBCIAL PROVISIONS RE cAATN OF ROAD SURFACE AND INSTALLATION PAit,'r1TT 4: 043-99 iI PERMIT'T AB I JOHNSON, DAVE 9706252888 INS PBC7'OR : JAKE SUB -CONTRACTOR: 1) ANY OVERSIZED MATERIAL (LARGER GER THAN 10 MIXES I i' DIAMT"TER) , THAT IS NOT UTILIZED IN BACKFILL WILL aE HAULED OFF BY PERMITTEE, FURTHER, ANY 1RGXBN MATERIAL WILL BE REMQVID FROM SITE BY PERMITTEE, 2) NNW A PAVED OR CHIPPED SURFACE IS CUT, IT IS TO BE REPLACED WITH A MiNrMUm THREE INCH (3") HO'T'M IA ASPHALT PATCH. A 'TEMPORARY PATCH WITH COLD MIX ASPHALT WOULD BS ALLOWED, WHICH WOULD BE REPLACED WITH EOTMIx ASPHALT WHEN THE WBATHBR OR AVAIYABILITY OF MATERIALS ALLOTS THE WORK To BE COMPLETED, AN ASFIA,LT OR CHIPPED SURFACE CCT WOULD REWIRE THE ROAD TO BP! STRAIGHT CUT AND SQUARED BY MEANS OF A PAVEMENT CUTTER OR SAW. A CHIPPED SURFACE CUT WILL REQUIRE A SEAL COAT OF THE PATCH WHICH WILL Ba FULL WIDTH OR HALF WIDTH OF ROADKAY WHEN TRENCHES RUN WITH THE ROAD. FOR TREK SS ACROSS THE ROAD, THE SES Or THE SEAL COAT WILL Ov8RLAp THE EXISTING 2DG3E, ALL SEALCOATS WILL OVERLAP EDGES BY A TWO ?GOT N,INIMUM TO INSi,'F,B AN ADEQUATE SEAL OVER THE UNDISTURBED PORTION OF TITS ROADWAY IN THE VICINITY OF THE EXCAVATION, ASPHALT HO1MI.X OR CQLD PATCHES WILL BE CO�IPL&'TED IN A MAXIMUM OF FIVE WORKING DAYS, WEATHER P 8 r'PT T NG 3) WEN POSSIBLE ALL INSTALLATIONSt SHOULD AVOID THE TOP EDGE OF A PILL SLUE. • 4) INSTALLATIONS IN DRAINAGES SuEJ CT TO FLASH FLOODING, WILL HAVE A MINIMUM! BURY OF 4 FELT LESPER THAN NORMAL F'LOw LINE AT NBARBST ABUi'M2N'T, WINgwALL, OR f'ULvERT. 5) INSTALLATIONS AT CUL;vBRT CROSSINGS WILL BE BURIED BENEATH THE CULVERT WITH A MINIMS 9BPAR TIQm of 18 INcHEs IISTWB!'N INaTALLATION AND Tin BOTTOM or THE CULVERT. 6) oDRN TRBNCHE8 ADJACENT TO THE TRAM= ROADWAY SHALL BS UACKFILLBD DAILY TO WITHIN 100' OF THE WORKING AREA OF THS TRENCH, BARRICADED WITH WARNING DEVICES AFTER DAR, A 3 rr. HIGH O AMSLPLBE ASTIC PEWCR WILL DB INSTALLED DAILY TO KKBF LIvieSTOC�C OUT OF Twig OPEN TRENCH Ak�"ER HOURS. 'r) TN ARRAS BEM =$TURBED WHERE vECVTATION IS EBTAHI.IStIR,p, RESEEDING WITIU A MIXTURE EITHER EY BROADCASTING, DRILLING, AND SI;I'�ABL.3 TO TBS CLIMAT':C CO1�DIT/ONE OR VMS:TIT:OI WI WE MIXTURES :TURFS USE ONLY CERT:FISD WEED FRDS SEED. Np OUSWLUDCLL ONTROL WILL BS ONGOING ALONG WIT% REVEGIETATIQN, `) THE D =TIER E=oULD CHECK TUIi R -0-W OP OURROUNtING LANAOWNHx,9 TO - .s OTR P 1 ITS ARS '" REQUIRED, I.E., PLM, FORES1 SERVICE. P.07 I4 OT C TAK NOTICE That . AVip "WM (rDIA/541 hta94P43Iiidirgre- cur- t 6s(1 Garfield, County pursuant to St• Pievettioa Ages.g latwf to allow : Ap ritiriffrik/V orA100 PewreA#A70.60.21r ..gUitistieshidkA Ites now4 phikr,*/ir • On AN ritete A public on this application will be held in the eiathl.17( 40Amovsd 06' 3614 .1o, fr" sr Glenwood Springs, Colorado • Order Number: 96025487 SCHEDULE A LEGAL DESCRIPTION TOWNSHIP 6 SOUTH, RANGE 93 WEST, 6TH PRINCIPAL MERIDIAN SECTION 19: SECTION 20: SECTION 29: SECTION 30: SOUTH 70 ACRES OF E1/2SE1/4 SW1/4SW1/4 N1/2NW1/4 NE1/4NE1/4 EXCEPT THAT 2 ACRE, MORE OR LESS, PARCEL HERETO CONVEYED TO ALBERT G. STONEMAN AND ETHEL FAYE STONEMAN by that certain Warranty Deed dated September 15, 1955, and recorded April 17, 1956, as Reception No. 193687 in Book 292 at Page 321 of the Office of the Clerk and Recorder, Garfield County, Colorado, more particularly described therein. EXCEPT that parcel heretofore conveyed to Max J. Wheeler and Donna D. Wheeler by that certain Warranty Deed dated October 1, 1990, and recorded October 2, 1990, as Reception No. 417607 in Book 790 at Page_59_of the Office of the Clerk and Recorder, Garfield County, Colorado, and more particularly described therein. COUNTY OF GARFIELD STATE OF COLORADO LIST OF ADJOINING LAND OWNERS & OWNERS WITHIN 200 FEET, MINERAL OWNER HARDY, EARNST E & DONNA J. 9460 Cnty Rd 320 Rifle, CO 81650 OOLEY, DANIEL LAWSON & BEVERLY JO ANN 9418 Cnty Rd 320 Rifle, CO 81650 CITY OF RIFLE P 0 Box 1908 Rifle, CO 81650 SWALLOW KIRK A & TRINA L 2170 Cnty Rd 321 Rifle, CO 81650 SPECK EARL C. JR. 124 Cnty Rd 332 Rifle, CO 81650 JOHNSON, ANN KATHLEEN(2 Int) SANDOVAL, MARY MARGARET( Int)TIC 1160 S. Monaco Pwky, Apt 2 Denver, CO 80224-1838 DONAGHUE, SHIRLEY J 18227 Seventeenth Ave East Clearwater, MN 55320 TASSADA, DONNA 9109 Cnty Rd 320 Rifle, CO 81650 MEAD VERNER DONN & ELMA M 212 Glendale Dr Hot Springs, AR 71901-8201 BUREAU OF LAND MANAGEMENT 50629 Hwy 6 & 24 Glenwood Springs, CO 81601 T.E. MCCLINTOCK TRUST U S BANK TRUST NATIONAL RESOURCE CNDT 0615 P 0 Box 17532 Denver, CO 80217 • 4, • nFPARTMFNT IF AiRCULTIPE NATI.FAL R.ESTRCES CONSERVATTfA SEFr:VICE FFATYRET Endnote -- OIL FEATURc, T nc This report gives estimates. of various soil features. The estimates 3n used in land Planribg that iNclves engineering considerations. Depth to bedrock, is given if bedrock is. within a depth of 5 feet. Tha d.erth i based on many soil Cor'ins and or observations during soil manning. The rdrk s thr"c-f" or uH=ro"' te th,s root: 'c„rea" or fra7tUrad. excavations car te made with trerbhing machires tackhoes, or small -inners. 74 the non* is ''dard' cr massive: 'clastirg or specia] emuipment generally is needed for exca\ratior. Cemerted oars are cemented cr irci.rated subsurface lavers within a depth of 5 feet. Su& cars cause difficulty excavation, Pans are classified as "Thin" Or ThiW . A "Thir,." Dar, iF less tt.ar, ]nctes thc. if cordirlyusly indurated or less than IS rnohl,..s ok ;f ;XC:a.V7!1-Hn:a backhcas, on Eq1a11 rinpers. A 'Thick' r-.1 is more than T inches th"..h. i" o7-tihously. irdorateo! or more then lc_ inches thick if discontinuous On fractured. Such a oar Ii. sr, thick, cr massive that blastirrg or special eruicoent is needed in excavation, SL,t.sidence is the settlemert of organic soils or of sat,irated mireral Yen, I r.W results froither cesiccation and shrinkage Or oxidation of organic material: or both: SI,Itsiderce ta!,es place gradually, usually over a re-od nf initial subsidence, which usuaLy is a resillt of mrairage and fetal sts!Oer.7e wholoh uslJallv is a nes:ilt of ox.latioro "''ot shown in the reoort ls si.,tsiderre CaLIS,'dy r imr,csed s,srface 1.:ad Or 1;.Y±o2r.11 7' 7=7' an aYtanSiva area as a result of lowering the water table. Potential frost action is the lieli-nod of ..ori or lateral excarson:." the soil ca,.!sed ty the formation of segregated ice lenses 1frcf heave and the sitseQi!ent oollapse of the soil and loss of strength or, thawing Frost Keior, occurs, ,,t,enn rvp= rho, the freezing 'everature. content of organic matter, and depth, to the water f-pHp ;;r: in17_,Pnt factors cpnsiderad ir evaluating the ootential for frost aotic17, It is assumed that the soil Ls not insulated vegetaticr cr snow and is rot artiiciallv drained. Silty and highly structurpri y cr 1 bh,,,d;. A hrgh, 4134, ir '-ost action. Well fraired, very gravelly or Vff"? S3ry 1 r. 7,,!37 and IN soil during thawing strap damage mainik to mavemerts and other 7i9ic: str.ichres, of corrosion oertains to ootential soil -induced electrochemical or ohemihal action that di solves. or 'IrOAtPH 1 rx nnrorete -he rate of corroc'or o,e ir,n8t4:,r1 StW1 nalat-Pd Wej-fr;, distri':ution, acidity. ard electrical oructivitY of the soil. The rate of corrcsinn of oororete iC based mainly on the sulfate and sc,dium noPtF'It text re, mo- =tune rontert, anr1V (1 1 . ite evaminaticli and design ma', he reeded Yte cotinatior of factrrs creates a severe rorrceor installetions that intersect soil boundaries or soil leYers is1C silscetible to horrosior than steel in lnstellations tmat are antf.''a./ c:Ithin ore lir," o" soo.1 sr 7orro,si11 evDresse,' =s 'morderate,k i= baspd -esi,ti.,itY near fiecd caPacitf, and ilectrical conductivity of the set ratic e,trach. 'or conorete, the risk, of corrosion 319,0 expressed as. "Low": 'Moderate', or "'High!". It is baaari on soH' acidity, and amount of sulfates ir, the saturation extract. 1 r • • • • DEPARTMENT OF A2PT.7LTURF !:TljAL RESOURCES CONSERVATION SEPT7 ,T77 oFvp_opmFNT R1IT flIR Sr DEVE1 riPMENT PA!l,F2 flF This report e dagr 3nd 'ind o' lioitaticrs t'et affect shallow e.cavations, dwellings with end witut basements, small commercial buildings? Iddai roads. and stree's. ;r1, lawns ary. :f Ar,d features 2,-"!' ' tesign, dr oainterance -eeded 9r,F. tr) ra..r .. • • • • • - `:NA" hC'_ ar - , F =1 "1 ar= r7ar,� nA*tPr gr rai- -hp • • • • M, DEPARTMENT Ar,T7ULTURR NATURAL RESOURCES CONSFRVATI% '',RRYTCR riF THE 5,07L: iThe classification reoort-dc nct YOr,"1.-Wrc, 'nr particle Si2 modifier: a'T l mineral,Dgy stroric,ly critrPsting FrT' cortact ',iour local 1.1RDA NattJral 'r Soil name Family Or hiher taxoromi,i :Idefory) 'UiT01 LIC CALC1'.!RTHIn LOAMYL74L MTXRD, MESIC : Potts HAPLAKIDS, FINE-LOAr, MTX,71, ME'flT TorricIrtherts, SteaD '70PRTOF7HPVIS • • • • U.S. riEPARTMENT OF AGRICULTURE NATIJ4L RESOURCES CONSERVATION SERvICF OF Endnc'te -- RANGELAND PRODUCTIVITY AND NRACTER,smic P! Arr rOMMUNT7c: In areas that have similar climate and t000graphY, differences in the 1,ird and 3MOU,It :egetation oroduoed so rangeland r related nir ffertive Ilanagement is hesed on the relationshir tehLes- the soils ard vegetation ard water This reoort '7!0(4S; fOn S011 range s th,=. tctal 9rnue production of vegetatic in favorable, normal and urfavoratle average percentage of each ..4nAniP1. rinjv those t-kfo- ?.ra T,sel 5s ,Ang,1,13rvi ,, 3,, ,,H!.A.j Ln eYolanation of n()I,AT h33in.23 thriS neP'rt RANGE S.77,7. 's a distln-tive reind of nang2r,,:i that oroduces a charactenistis ratTmal 3n.± differs from natural plant rommunities or otter narge sites in k.ind amount and proportion "n73 The relationship betweeen soils and vegetation was asce-tained (Miring this s.urveY! ' can he determined directly from the soil map. Soil prcf.,ert fta rrivamcl P.1nt heve 'h,3 greatest influence 2nAUCtivitY nfrrO, Pi,rts Sr'7)r,trt, ard 3 ':,3..3'i..Ont9.1 hjg'' 3-3 also important TOTAL PRODUCTION is the amount of vega'ation that .73'1 he eYrected to groi4 that is sumorting the !7,7)t'nti natural olant community, It includes all vegetamion. oalata.le to grazing animals 7t limen grnq!±: 131i twigs and f'n.it3 plants. It does not inc:-Jde th? inorease in stem diameter of trees snd snruhs. in noulds acre of 5ir-Jny vegetation for favorable, normal, 5nd unfavo,-acje years. fovcratie year, the 30,0Unt C,Is precipitation and the temperatres mave growing Conditions betten In a normal. 'nrIH= 3t" 31n'2;3. year, growing condition Pelcw.! average, generally hesause ttal annual )f 31in-nY V3tatn., '7.710n ,7,n,73,7±. -7" •.:_7-1'.- s171ir content. The nelationshim of green weight to ei,-dry weight 80101.1nt nif F.47)3n.13. recent rains, +4,2t p.,,P;;P nifr DEPARTMENT OF AGRICULTURE TURAL RESOURCES CONSERVATION SERVICE Wi'_pl_iFE HABITAT rndncte -- WILDLIFE iFE HABITAT Soils affect the kind and amount of vegetation that is available to wildlife 55 food and r,,';'=r h. 31_: affect the Construction of wa':er impoundments. The kine and abundance of wildlife depend largely nn the amount and _trihution of food, .Wer, and water Wilf';fe hatitat, :an h: rra,tFd or _cr ;ate • aetatinn; by maintaining the eYisting plant cn'ver, or by Promoting the natural a_tchli;hmfrt :f ,lar'ts. this report the _Oils are rated according to their ootertial `'''r ',rov^dirg habitat fir varipll_, kinds of _Flies. This information can be used in planning parks, wildlife refuges, Lahore study areas, and r,ther develro encs wildlife; in selecting soils that are suitable for establishing, imoro'+'_ng, or maintaining specific elements of ,dlife habitat; ane _r :heterir.ining the intensity of mai_,:-:=,,,} needed for each element of the habitat. Th. •tent'_ai of the soil is rated "rC_i, 'Fair," ,poor_" or "'Very pnnr." a rating ae ..._ indicata that e• kind of habitat is easily establisher;, improved, or maintained. Re;: nr no limitations affect manage +isfaotory results can be exo ct d. A rating cf "Fain" ind::ate, that the 551,51t of habi'at established, improved, or maintained in most places Moderately intensive management is rwniie for satisfa:t- suit_. A rating of "poor" i,'.dinates that limitations 3r5 severe for the designates elem;ant Or of h.ahitc Habitat can be created imprn'.v+ed, or maintained in most pieces, but management is difficult and must he intend rating of "Very poor" indicates that rr_rrirtions for th,: element or !rind of habitat very severe and atisfactnry resuiits can be exneoted. Creating, imiprovi;ig; or maintaining habitat is ir.prectica. GRAIN AND SEED C PS ar oo est_r a^aips ani ser-rroduring 'I"errareoiic, pia `oi n":Dert_s and 'early. s.. the- a the growth of grain and _:d raps a e doth of the root :nre, `eYture of ha , �.lrfa aver _ el'at'e date e a tv. wetnes . nicr F in d ha:erd, 'joii tenraratiare and • • • • • • • • ;OR 'PENLAND WI! 7.)1_7; nf =lard, nastre, meadows; • •nubs, and vines. These areas produce grain and seed =s, grasses arc H_dlife attracted to ttlese areas include bobwhite ouail nheasart, c:ants or conitenLs cars and wi!d A! -td t thpzp rb:ILJ sq!irrel, gray 4oY, racc-hr, deer; an., bear. .7.TTA 7 FCR 4,f71 AND wiLDL:FF ccrsts :pr, rshy swaTpy shal OW water areas. l'',ome o' ite attrect such areas are du6s, shore birds, Tluskrat, ind ttAT FOR PANGFLAD i4ILDI_TFP Id hPrh,3C.'?n attratted th r.5c1,7:: •71,y71 antelope, deersage grouse meadowlark, and liar!: b,..i't'. U.B. DEPARTMENT OF AGRICLtu; NA:115AL REECURCE5 CONERvA.717N os • io • (THFm7AL ,7P77-717 THr. Endnote -- CHEMICAL REOPERTIE5 OF THE 50I' 5 F41,,, 7 rJ7- This report shows estimates of some characteristics and featzes that affech hetievic- These estimates are given for the major layers ar'aa. Th,a are based on field nhservatinns ann cr tet4Ir cirr29n CLAY aS a snil seoarate consizi-s nAr.'n)ac.b&ArP 1Pc,. thar, 71.72 MilliMetar in diameter. In this. report: the estimated clay rcrtent of carte ipor sr i ly.r is given as a percentage, by weight, of the soil material that is. less than 7illimeters ln diameter. The amount and k.irld Of ClaY greatly affect the fertility and phYsioalrrlr' 11 They determine the ability the soil tc adsont catons retar WietTine. They influence shrink -swell potential; Penmeability and nlasticity, thF dispersion, and other soil pr-ies, 'he amourt and kind of clay in A C,I:1 A1'7;r, tillage and earthnoving oparations. CATION EXCHANGE CAPACITY (CEC is the total Amount nf natiors held in a snil in, such A way that they can be. removed only by exchanging with Another' cation in the raci t'rcal solution. (EC is a measiire of the ability of a soil to re0'air nati c'ent nutrents. Snf.) pnri mp.y ▪ mnnp aPW7atinn: of fpnl.;Ii7Pr.,: than soils uith high CEC 5oils high CET. haNe the potential to retain cations, th.us reducing the Dossib-Ility of or.-Alliticsr of grh'jrri SOIL REACTION is 3 measi.Are of acidity on alkalinity and is expressed as a -i-i9° in pH values. The range in pH of each Tain, hInHnn, it. bal;AH nnnn e1d fcf ;:nn T,fly values have been verified ty laboratory ra1 s 2i ,,Artion13impnr;.Ant. fr'0 and other plants it ,A111 in determining the risk of corrosion. CALCIUM CARBONATE is the percentage by weight of calcium carbonate in the fine -earth, material, less than 2 millimeters in size. 3yp51m is the percentage by weight of hydrated calcium sulfetes 22 millimeters cm smaller in size, in the soil. IALINITY Taa.S1JrA of (1111HP ';Its in the soil at setHration Tt is. expressed .s, the eleotrical oonductivitY of the sat,ration exttatt TilliMh!0; 25 degrees. C Estimates r!' based on field ,;rd 2,bOratrr representative tes If unirrigated he salinity of irrigated soils 1 sctd by the .)f "-=ir tot the frenuenCy (1: water. Frb,i1,:ati,7,r, +Ass11y ni‘C an differ greatly frrl the 'value giver in the report. 'i'alirity ▪ 'ha suitatlity i soil for crop nnodu,1-inn the ,f if used as construction material; ard 'he potential of the soil to commode mtalr1cororete. :0111IUM ADsORPTIGN RA"O -esses the ActivitY e,hrHir, 7change reactions ir the soil. .,AR is a T,e3enf the amoTt of sodiuT relative tc •Alcium ani magnesium in the water extract from saturated soil paste. • • • • = 7,7 11,11,5;4t Tn this report, the esh'hat,H ,a-- -- as soil Traterial that i, a.)Y• d 0!-IYsical earthmoving operation, "7TS7 KILK r=V[c"" rrer Woe is mea,L-- at field moisture capacity, the moisture mrter' at 1/7. drying the soil at 10'.. der- T. In this r-'-- td 'nint Hlk density each Pt-- h7i7Or €Y,Drs...Ed in FE'b 1St":r ".]liTete,-, I' diameter. Eulv dersTh date ar, used to c -rote shrinkJell n:.h=nhi=1, Pore space, and other soil properties. The hi 1'.ie±r4 - - - " water And roots. A bul density of more than 1.f- can restrict water ''.tnr%le caretratic,r. hulk ciensit iE in4luelcer2 byt.;:-it•:.'e cay: coni-ent of organic matter. dEtruct,ire PERMEABILITv refers to the a_ity a soil to. transmit water nn air. 're estimates. ir,d-cate the rate of downward movement of water when the SC,i1 is saturated. They are fused on soil rhareoterict—, otserved in the field, particular!! stri.Tture; porosity, and te.cture -,nci.derad the design of soil dreirage systems, septic tElqr: ,?t,S()rrt,"4' 'frd water movement under saturated corditions affts. tehar AVAILABLE WATER CAPACjTY refer tn f:vf Water that the coil ic for plants. The caPacitY for watJr ',forage in inc, of The capacity varies depending or, sor-rocer'es thet effect the retention Pf water Pnri the C,' host important Prooe."-a 1-, "‘ ,.)ntfrt of 7c1Rnir-rfl 7 11 1 rlei structure. Available water rarity is a- iroortart factor in the Choice (.'"r Or rrops to t.,e grown ed tha design and management of irrigation ,:Htems, Avail3hle water ri-- 4-,!rter available tr :rt -- PHYSICAL RRRFPTIF r1F noTLR--Continued MATTER is the niart and animal residue in tt, soil at varirois stage, of ,Oiroonition. report 7, the estimated oontent of organic matter is expressed as a r,P,r'PntrIP nf th,e less than 2 millimeters in diameter. contert of organio matter in a SOil C37, C" increased ty returning crop residue to th soil. Organic. matter effects the availahle water infiltration rate, ilth. It is a source of nitrogen and other nutrients crons, RROTON FACTOR K indicates. tSLJS lblv W5L „il ynrloir2 rnrk: scri r rsgfr.A,*, sheet and rill erosion by water Factor is one of siy 'atto,rs. used ir the liniversal Hs's. Rduatinn lISl tn predirt the average annual rate of soil loss ty sheet and rill erosion in ''Cr,F. per acre her year. estimates are hosed orimarily on percentage of silt, sand, and organio matter flt to e perlientl atd. structure and permeabeHity. Val ues tnr Th ,= hior .• soil is to. sheet and rill erosion by water. EROSION Ferro Kf is like ERORTON FA;71TIR K hlrf is fnr fjrle-AA'th erar.1-ior nf rock fragments ere not oonsidered. EROSION. FACTOR 7 iS r estimate of the maximum aver ace annual rate of erosion ti wirc or water t'2' ocour withno_.t affecting crop productivity over a sustaired period. rate is. io tons 8.7F yy 4JINO RROnIRII ITV GPOURR art, mad- nf sHls bv i1 orr,nArriAc erosion in cultivated areas The gnouos indicate the suscentibilitY of soil to according to the follo,:ing istinotions Coarse sands, sands, finsAnds, Pr,'" var f4nA- Th,ss.o? soils are cenerally not suitable 'or 7-rCC. 3rF extremely erodible, and vegetation is. difficult to establish. loamy coarse sands, loamy • `fr sande- and sapric: soil matere. 7' very highly enodihle. I'rops measures t2 control wind T. COB'S, Sandy very fine sandy ions These soils ,±r‘ highlY Croons ran be gnon if intensive measures to control • erosion are used. L.Caino-eous loam. silt loans, x loams, erd loams. T! c8! --A he ' intenave measures to -.nr 4, Clays, silty rlays, noncalcareous clay loams, ar rlay loams thlit are mr!, 'tgr, 7,5 7..,.e",7 "• are moderately .7rN.r ,-crtrr,1 3rF C'!TY of RIFLE 202 RAILROAD AVENUE • P.O. BOX 1908 • RIFLE, COLORADO 81650 • (970) 625-2121 • FAX (970) 625-3210 February 8, 1999 Mr. Dave Johnson 2720 Railroad Ave. Rifle, CO 81650 RE: Bulk Water Sales Dear Mr. Johnson: I understand from our discussion that you have purchased some property south west of Rifle that does not have drinking on site. The City has operated a bulk drinking water sales facility for over 20 years. The service is coin operated and accessible 24 hours a day and is located on 18th Street at Whiteriver Ave.. The City has no plans, that I am aware of , to discontinue this service. If I can answer any questions, let me know. Sincerely, d./7 -//2b0 Tim Moore RIFLEIRE PROTECTION D�TRICT February 8, 1998 Dave Johnson 2720 Railroad Avenue Rifle, Colorado 81650 Reference: Proposed Subdivision exemption, County Road 320 Mr. Johnson, The Rifle Fire Protection District has reviewed the proposed subdivision exemption of property located on County Road 320. It is the Districts understanding that this division will create separate parcels of property for construction of single family dwellings. The above property is within the boundaries of the Rifle Fire Protection District. Fire and Emergency Medical Services will be provided to the area by the District. In order to assist the District in it's capabilities of providing these services, we would make the following recommendations; 1. Defensible space: Vegetation should be removed from near any structures on the property to provide a safe zone in the event of a wildland fire. 2. Construction materials: The District recommends the use of a classified roof covering and non-combustible siding materials to minimize threats from a wildland fire. 3. Road construction: When constructing the access roadway into the property, consideration should be given to the weights of fire apparatus and accessibility during adverse weather conditions. 4. Posting of address: The address of the property is to be posted where the driveway accesses the County Road. Letters are to be a minimum of 4 inches in height, 1/2 inch in width and contrast with the background colors. Thank you for your cooperation and feel free to contact me if I can be of further assistance. Sincerely, 7,-- , Telephone (970) 625-1243 • Fax (970) 625-2963 Mike Morg850 Railroad Avenue • P.O. Box 1133 • Rifle, Colorado 81650 District Chief GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA REQUEST TO PRESENT ITEM REQUESTOR NAME: John, Building & Planning REQUESTOR REPRESENTS: APPLICANT: David & Anne Johnson PRESENTER NAME & TELEPHONE #: Ext: 1570 PRESENTATION TOPIC (TITLE FOR AGENDA ITEM) : A request for a subdivision exemption to create four parcels of 2.7, 4.2, 9.0 and 136 from a principal parcel of 151 acres on the property located generally one mile south west of I-70 between Grass and Taughenbaugh Mesas up Helmer Gultch along County Road 320. PRESENTATION TYPE (mark type with an "X"; enter estimated time to complete presentation in minutes, except for consent agenda type): CONSENT AGENDA: WORK SESSION: ESTIMATED DURAON: Between 2 and 3 pm REGULAR AGENDA: X Public Meting PUBLIC COMMENTS: PRESENTATION DA MUST THIS BE FIRST CHO SCHEDULED BY ADMIN: ont day & time) DATE? YES X NO TIME? YES X NO SECOND CHOICE: 4/19/99 c 2 N • R MOTION: (synopsis only) Please See STAFF RECOMMENDATION in the attached staff report. CONTROL INFORMATION: EXECUTIVE SUMMARY: Attached? Yes X No LEGAL: If there are documents, resolutions, or contracts to be signed, have they been reviewed and approved by the County Attorney? X OR Contracting Officer? N/A BUDGET: If this item requires or results in the expenditure of County monies, is the amount of such expenditure fully covered by the existing budget? N/A in account # N/A AGENDA00 z a RocepttonNo�..a.��i]F.�Z-clock tiC�,�,��•K--....�.2......_..],,.�,�.,...-.....,.,,,,,, __..� eOarl ...... _.... ;...Recorder. S. D, Made this . 15th day of September .f our Lord one thousand nine hundred and fifty-five WREN F. GARDNER and PAULINE GARDNER County of Garfield and State of the first part, and RT G. STONEMAN and ETHEL FAYE STONEMAN County of Garfield and State of Colorado, of the second part: 8$ETH,that the said parties of the first part, for and in consideration of the sum of Dollar and other valuable consideration Br "-. 292 I 321 i' RECORDER'S STAMP art Les of the first part in hand paid by the said parties of the second part, the receipt sed and acknowledged, ha ;ve granted, bargained, sold and conveyed, and by these presents do whereof is n, Gell, convey and confirnt unto the said parties of the second part, not in tenancy in common but in the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the• following s 'or parcels , of land, situate, lying and being in the field _ and State of Colorado, to -wit: County of f land situated in the SWSWk,`Sec. 20, T. 6 S., R. 93 W. of the 6th p.m. fully described as"`follows: ><tning ata point on. the Easterly line of County Road whence the h k corner -of SeCtion 21, T. 6 8., R. 93 W. of the 6th p.m. bears 9°17'. Er;8649 feet; -thence S. 30°31' E. 210 feet; thence S, 59017' 20 feet; thence N. 30°31' W. 210 feet to the Easterly line of tfy Road; thence N. -59°29 E. 420 feet along Easterly line of y. Road to the point of. beginning, containing 2 acres, more or , ER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise rid the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all ht, title, Interest, claim and demand whatsoever of the said part ies of the first part, either in law or nd to the above bargained premises, with the hereditaments and appurtenances. E AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor, forever, parties of the first part, for them selves their heirs, executors, and administrators dant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, nd the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these Y ate well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible tance, in law, in fee simple, and ha vegood right, full power and lawful authority to grant, bargain, the same in manner and form aforesaid, and that the same are free and clear from all former and other ales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, bargained premises in the quiet and peaceable possession of the said parties of the second part, the • , their assigns and the heirs and assigns of such survivor, against all and every person or persons g or to claim the whole or any part thereof, the said part iesof the first part shall and will WARRANT . R DEFEND. ESS WHEREOF the said parties of the first part ha ve hereunto set their hands and y and year first above written. nd Delivered in the Presence of of COLORADO, } ss. County of Garfield 11J bstrument was acknowledged before me this ! S •day of September '* uben F. Gardner and PaulineGardner othiy Commission` expires April 13, 195 iliait expires 19 Witness my hand and official seal. •7-��c-a:'t.G. :[SEAL] [SEAL] ' ' ' ' ' 0 o enants.— ra •l or.. ' o • son ' rs. o • inson's Legal Blanks, 1824-46 Stout St.. Denver, Colo.' person or persons here insert name or names; if by person acting in representative or official capacity or as en insert name of person as executor, attorney -In -fact or other capacity or description; if by officer of cor- rt name of such officer or officers, as the president or other officers of such corporation, naming it—Statutory Colorado Statutes Annotated.—Ch. 40, see. 107. Colorado rr.Mew. and t1AX J. MHEELt* At!b DONNA D. WNttL!R AS JOINY TENOR'S, VIVI Wil RICNt1 Of lURYIVORfttP, wwaplt Talc uew.e �. P.O, bOX 1901, atm, CO 81850 el+M C14et110, 0ARI1R.tb wrnerrienI. Thin rho grantor ter end M conalderellal of de sem d ***Mt WRRIDREO TRU/1AMO AND Ii0/100**e IT* Seep/ ehe elrnkM0LLy M *fMet' b Delft aennowwepl, ties gowned. eargwMd, veld and earweped. and Ry New prow* dreg IRK . .: ben* *Ad eonarm, .sante 1M IMM. he heal end wane 'eraser, 11 the ver er+enM Mgillher tMdt M+e/rMnlwM. R tarn MIMM, MIAg and Maly lli r• s e 0eterly04 OAR12ML moimmeOntoMddm mOseiftadt t,' tat EXHIBIT "A" ATTACHED HERETO AND•MADE A PART HEREOT aknottl y*refadnumberat VACANT LAD, RIFL , CO TOC ETef win as and singular the Mreenanwnh and .ppuNert.noes Metals belonging, of in mirth* appertaining. and the Meerel.rl M+erdenik nwn.lnds and fem.hMen, rants. lesues and profile thereof. and al. Me Meet dent, We, kder*M, deem and demand iftahee1et.N p ntor, either it *tram equity. of. M. and to the above berp.kud pr ml.es, wren IM hereditament' and TO UAW AND TO NOLO the mid premises above bargained and described, weft 1M ppabnwbea imp dM parcel, he hen veto aa.lat ''s tot ter. Aid the grantor. for hknsre, he 1,•4 .110 personal representative', doss imminent grew. bwgdn, t' pre.1* and *grit IM pwrNp. IMW fM1A assigns. net N the time of th..n.ealing and delivery of these presents, he Is wed tilted of the amidst" Wave dawdled. Rat plod. s1em pwtee4 and WMefa ilIe wow* of in h«n.noe. in eras M fee 'anal", and h.s good tight, AA poser and 4.*Mul authaly a paid, bargain. eel and Wadley alp et1mlR in merino and tam as aforesaid, and Mal 1M saws are tree and dew from ad former and eine gram. bargalrre, seed, Sena last enatarrbutr es and restrictions of whatever and et nature Weser, eNWp1 See Exhibit "B" attached hereto and forming a part hereo The ms mot shad and win WARRANT AND FOREVER DEFEND the ebo.e baryNn.d premiss* in the quiet and peaceable poessealen.d Mit he Mks aril assigns, against alt and every person a persons Indult' t1.wMng Me .Fats a"any pat oaks. The alnpusar numbs Male inehrd. alp we phurd M. mer. end rhe use of any pends shad Pe apple.be toad eohdom i �RTNE88 WFfE F, 111 erodes hes executed Md. deaden the doe fats forth above. The romping instrument was acknowledged ,efonr me fhb by PIERCE MANOURIAN Notary Public 400 7th Street South Suite 1000 Rifle, Co. 81650 IXHX$IT "A0 A parcel of land situated in the 21/2881/4 Of Si0tion 19, thii W1/2SW1/4 of Section 20 and the NE1/4NE1/4 of Section 30, /township d�;,� South, Range 93 West of the 6th P.N., County of Garfield, State Of Colorado, said parcel being more particularly described ss:f011owei�� ttemeneing at a point on the northerly right of way of county Rood`,; No. 317, whence the southwest corner of said Section20 bears North,,A 78'34'53' East 1340.72 feet; thence North 00.00'37" East along the:; Westerly line of said NE1/4NE1/4 of Section 30 and the Westerly ;tine;; of said E1/28E1/4 of Section 19, 275.34 feat to a point On the northerly right of way of County Road No. 320; thence continuing, along the westerly line of said 81/28E1/4 North 00.00'37" '.East' 2314.57 feet; thence leaving said westerly line South 89.52'14" East 1313.72 feet to a point on the easterly line of said 'E1/28E1/4; thence North 00°00'00" East along saint easterly line 326.00 feet to' the East Quarter Corner of said Section 19; thence South 89.55'44*; East along the East-West centerline of said Section 20,;.1310.54 fest to the West center 1/16 corner of said Section 20; thence South 00'09'34" West along the Easterly line of the W1/2SW1/4 of said;. Section 20, 1319.86 feet to a point on the northerly right Of way of;, said County Road No. 320; thence Sou..n 58.34'27" West along said": right of way 88.26 feet; thence continuing along said right of may South 59.20'06" West 407.20 feet; thence continuing along said rightA. of way south 51°15'30" West 398.22 feet; thence continuing along said right of way South 59022'42" Weat 586.77 feet; thence continuing! along said right of way south 59°19'59" West 553.53 feet; thence;;` continuing along said right of way South 59°54'03" West 543.18 feet;4�' thence leaving said right of way South 54041'44" Weat 108.61 feet to;"�, the point of intersection of the southerly right of way of County Road No. 320 and the No:cthwesterly right of way of County Road No. ,y 317; thence South 55°12'52" West along said northwesterly right of:" way 381.83 feet to .•point on the westerly line of the NE1/4NE1/4'ofw said Section 30, th4 POINT OF BEGINNING. EXCEPTING the following described County Road No. 320 right of 1.a situated in the NE114NE1/4 of said Section 30, and the 81/28E1/4 OV said Section 19, said right of way being more particularly described as follows: Commencing at a point on the Westerly line of said NE1/4NE1/4, when* the Northeast corner of said section 30 bears North 78°34'53" East' 1340.72 feet; thence North 00°00'37" East along said westerly ;liner'; 214.32 feet to a point on the Southerly right of way of said County road No. 320, the POINT OF BEGINNING; thence continuingalong said westerly line North 00°00'37" East 61.02 feet to a point an the northerly right or way of said County Road No. 320; thence South''; 89°38'18' East niong said northerly right of way 192_25` feet; thence continuis.g along said northerly right of way North 88•13114" Fast 210.04 feet; thence leaving said northerly right 4, of. way .Bluth' 54.41'44' West 108.61 feet to a point on the Southerly right ,:of.." -way's of said County Road No. 320; thence South 88°13'54" West.alOng.said. Southerly right of way 119.51 feet; thence continuing along.said,r; southerly right of way North 89.56'29" West 191.88 feet to`'the POI OF BEGINNING. TOGETHER WITH the following described water and water rights Ditches, and Ditch rights of way; title to which is NOT included ;in,:;'the.: warranties contained herein: An undivided 11/80th* interest in the TaughenbaughDitch. andy,.its enlargements and laterals Nos. 1 and 2, to -wit: Adjudication Appropriation. Pr w Total Amount Date>4 s Date oineral taros aid assesaests' for the year 1010,: sad Oubeegliatreere., 11ay 1ieft or ehorgo on amount of the inelusies of aUbjest qty as improvement district. Right of the proprietor of a win or lode to 'street sad rameinvb ore therefrom, should the sane be found to penetrate or iatereeet', praaises hereby granted, and a right of way for ditetes or esaalsisi oosstruoted by the authority of the United States, as reserweg Unites states Patent recorded Nay 15, 1001 is look M at Page 177.4 ,." Right of way for ditches or canals oonatruoted by the authority of United states, as reserved in United States Patent retarded ,Msreb 0 1911 in Book fi at Page Psi. Reservation of end-half of all siasral 'and 'mineral rights is 'underlyinq said lauds with the right of ingress asd,egress to prospect for, mine and remove said minerals as reserved by T. B. McClintock>=.i*. deed recorded ootober 11, 1044 in Book 214 at Page.215, asdl interests therein or assignments thereof. Right of way for. the Taughenbaugh Ditch, its-enlargements anC insofar as it may effect subject property. Feb -ii -99 09:05A Stella Archuleta •It 97045-7785 P.O1 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 Regulation of Ga�f Id Co ty Colorado, adopted April 23, 1984, the undersigned A d(6wna Oivvv04 respectfully petitions the Board of County Commissioners of Garfield Coun ,, Colorado, to exempt by Resolution the division of L51 acre tract of land into jr tracts of approximately J.9) 4l2, Q;Q> /3/a 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: 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 scall. 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 1. Feb -11-99 09:05A Stell Archuleta 97045-7785 P.02 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 , •plication EXEMPTION APPLICABILITY e ion David M & Anna R Johnson a 6 gsti leoad 'be Mailing Address i / et 2J City State - Telephone Number 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 Tight 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. 2. • • • • QUIT CLAIM DEED Paul Harris and Mia Miller ("Grantors"), whose address is 0540 Cactus Flats Road, Carbondale, Colorado, for Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby sell and quitclaim to Edward F. Johnson and Janell L. Johnson, whose address is 555 Cactus Flats Road, Carbondale, Colorado, the following property right and interest in Garfield County, Colorado: The water right decreed to the Morris Well No. 1 in Case No. 79CW68, Water Division No. 5, State of Colorado, together with 0.3 acre-feet of adjudicated augmentation water decreed in Case No. 79CW97, Water Division No. 5, State of Colorado, together with all its appurtenances and all the estate, right, title, and interest of Grantors. Dated: /g241 L , 1999 STATE OF COLORADO COUNTY OF Harris. ) ss. Paul Harris A/Ci ikk(1 11/71 Mia Miller The foregoing instrument was acknowledged before me , 1999, by Paul Witness my hand and official seal. My commission expires STATE OF COLORADO COUNTY OF &/fib L� The foregoing inst Miller. Witness my h My commissi johnsoneCquitclm.01 RECEIVED mt'c'. ) ss. Notary Public knowledged before me i P2I e. , 1999, by Mia My Commission Expires May 05, 2001 RECEIVED APR 1 3 19 QUIT CLAIM DEED Paul Harris and Mia Miller ("Grantors"), whose address is 0540 Cactus Flats Road, Carbondale, Colorado, for Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby sell and quitclaim to Edward F. Johnson and Janell L. Johnson, whose address is 555 Cactus Flats Road, Carbondale, Colorado, the following property right and interest in Garfield County, Colorado: The water right decreed to the Morris Well No. 1 in Case No. 79CW68, Water Division No. 5, State of Colorado, together with 0.3 acre-feet of adjudicated augmentation water decreed in Case No. 79CW97, Water Division No. 5, State of Colorado, together with all its appurtenances and all the estate, right, title, and interest of Grantors. Dated: QQQ e>`14\ , 1999 STATE OF COLORADO COUNTY OF ) ss. Paul Harris Mia Miller The foregoing instrument was acknowledged before me 0/...1.1-t. 8 frti , 1999, by Paul Harris. Witness my hand and official seal. My commission expires 8// 7/aO Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ) Miller. The foregoing instrument was acknowledged before me , 1999, by Mia Witness my hand and official seal. My commission expires johnsone,.2quitc i m.01 RECEIVED APR 1 3 1999 Notary Public