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HomeMy WebLinkAbout1.0 ApplicationJOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III CAROLYN M. STRAUTMAN • SCHENK, KERST & deWINTER, LLP RECE1 QEDSEP 1 i; 3 :3e r -r, A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-2440 September 11, 2000 Mark Bean Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Four Bar Ranch Company Exemption Petition DearMark: 12000 Accompanying this letter is a Petition for Exemption submitted in duplicate on behalf of Four Bar Ranch Company, Ltd., together with a check made payable to the Garfield County Planning Department in the amount of $300.00 representing the application fee. Let me know if you need further information or have any questions. Thank you for your attention to this matter. DK/bg Encl. xc: Four Bar Ranch Company, Ltd. O:\dk\Turnbull WTR-CfY-PIANNING.wpd JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III CAROLYN M. STRAUTMAN • • SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW RECEIVED NOV 0 1 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-2440 November 1, 2000 Jeff Laurien Senior Planner Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Four Bar Ranch Subdivision Exemption Application Dear Mr. Laurien: Thank you for your letter of October 23rd outlining technical compliance issues which need to be addressed prior to application approval in connection with the above referenced subdivision exemption application. I will address each issue as the same appear in your letter: The sketch map will be forthcoming. The record owner of the property evidenced by Deed recorded in Book 852 at Page 449 as identified in the application is Four Bar Ranch Company, Ltd. in which Rosamond Turnbull and Thomas Turnbull are the general partners. The application was signed by Rosamond Turnbull as general partner of the partnership. I enclose a signed Affidavit of Partnership evidencing the authority of one general partner to sign on behalf of the partnership in any matter involving real or personal property. I also enclose a letter from Four Bar Ranch Company, Ltd. authorizing this firm to represent it in this matter. 37 There appears to be no mineral owners or lessees of mineral owners of record. Accordingly, Applicant holds all mineral rights to the property. 1 . Resubmitted herewith is a soils map which include highlighted descriptions of all of he soil types on the subject property. Enclosed is confirmation from the Treasurer's office that all taxes and special assessments have been paid. 0:dk\TumhwmE.empaonu.TR-LAURIEN.WId I/7.) 0 • • November 1, 2000 Page 2 - The sketch map will be provided as soon as the same is completed. At that time, I hope to schedule a hearing before the Board of County Commissioners on this matter. Thank you for your assistance in this matter. /bg Encl. xc: Four Bar Ranch Company, Ltd. O: MTumboll\Exemption\LTR-LAURIEN.wPd • • AFFIDAVIT OF LIMITED PARTNERSHIP THOMAS R. TURNBULL and ROSAMOND TURNBULL, being first duly sworn upon their oaths depose and state that: 1. The name of the Limited Partnership to which this Affidavit relates is the FOUR BAR RANCH COMPANY, LTD. 2. The business of said Limited Partnership is carried on at 0928 County Road 111, Carbondale in the County of Garfield, State of Colorado. 3. The full first names and surnames of all of the general partners of said Limited Partnership and their addresses are as follows: Name Address Thomas R. Turnbull P.O. Box 686, Carbondale, CO 81623 Rosamond Turnbull P.O. Box 686, Carbondale, CO 81623 4. Either of the above-named General Partners is hereby authorized and designated to act on behalf of the Limited Partnership in any acquisition, conveyance, encumbrance, lease or other dealing with an interest in property, both real and personal, in the name of the Limited Partnership, including but not limited to the execution of deeds and other instruments and documents for such purposes. 5. The Affiants are all of the general partners of the above named Limited Partnership. Dated this 30th day of October , 2000. STATE OF COLORADO ) ss. COUNTY OF GARFIELD Thomas R. Turnbull, General Partner cue c1,_Qj Lam' )J J Rosamond Turnbull, General Partner The foregoing instrument was subscribed, sworn to and acknowledged before me this day of October , 2000, by THOMAS R. TURNBUL d ROSAMOND TURNBULL, the general partners of FOUR BAR RANCH COMPANY A.., a partnership. Witness my hand and official seal. My Commission expires: 7/7/03 O:\dk\Tumbull\Exempliun\AFDTLTPA.Rf otary Public 30th being • • FOUR BAR RANCH COMPANY, LTD. P.O. BOX 686 CARBONDALE, CO 81623 October 24, 2000 Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Attn: Jeff Laurien Re: Four Bar Ranch Company Subdivision Exemption Application Dear Mr. Laurien: Please accept this letter as confirmation that the law firm of Schenk, Kerst & deWinter, LLP, its agents and employees are authorized to act on behalf of Four Bar Ranch Company in connection with it's Subdivision Exemption Application submitted on September 11, 2000. Thank you for your attention to this matter. By: By: Very truly yours, FOUR BAR RANCH COMPANY, LTD. L.2.3 . Thomas R. Turnbull, General Partner tee, a.,1 ct)-(cLik-i Rosamond Turnbull, General Partner RICULTURE SERVICE • SHEET NO. 22 SOIL SURVEY OF ASPEN -GYPSUM AREA, aRADO, PARTS OF EAGLE, GARFIELD, AND PITKIN COUNTIES (MOUNT SOPRIS QUADRANGLE) 510000 FEET 18 mainly by the slope. Corrugation irrigation is suited to this unit. If furrow or corrugation irrigation systems are used, runs should be on the contour or across the slope. Because of the slow permeability in the subsoil, the application of water should be regulated so that water does not stand on the surface and damage the crops. The content of organic matter can be maintained by using all crop residue, plowing under cover crops, and using a suitable rotation. Crops respond to applications of nitrogen and phosphorus fertilizer. If properly managed, the unit can produce 80 bushels of barley per acre annually. This unit is poorly suited to homesite development. The main limitations are the shrink -swell potential, low strength, and the slow permeability. Structures, sanitary facilities, roads, and landscaping should be designed and planned to reflect these limitations. Population growth has resulted in increased construction of homes on this soil. This map unit is in capability subclass IVe, irrigated and nonirrigated. It is in the Mountain Loam range site. 5—Acree loam, 12 to 25 percent slopes. This deep, well drained soil is on alluvial fans and valley side slopes. It formed in alluvium and residuum derived dominantly from redbed sandstone and shale. Elevation is 6,500 to 8,200 feet. The average annual precipitation is 16 to 18 inches, the average annual air temperature is 38 to 42 degrees F, and the average frost -free period is 95 to 105 days. Typically, the surface layer is dark grayish brown loam about 10 inches thick. The upper 4 inches of the subsoil is clay loam. The lower 13 inches is clay. The next layer is clay loam about 7 inches thick. The substratum to a depth of 60 inches or more is clay loam. The soil is noncalcareous to a depth of 27 inches and calcareous below that depth. Included in this unit are small areas of Showalter and Morval soils. Also included are small areas of soils that are similar to the Acree soil but are coarser textured. Included areas make up about 15 percent of the total acreage. Permeability is slow in the Acree soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate. This unit is used mainly as rangeland. It also is used as wildlife habitat. The potential plant community on this unit is mainly Letterman needlegrass, Idaho fescue, western wheatgrass, mountain big sagebrush, and Saskatoon serviceberry. Other plants that characterize this site are slender wheatgrass, lanceleaf rabbitbrush, elk sedge, Soil Survey and Gambel oak. The average annual production of air- dry vegetation is about 1,500 pounds per acre. If the range condition deteriorates, mountain big sagebrush, lanceleaf rabbitbrush, Kentucky bluegrass, and annual weeds increase in abundance. The suitability of this unit for range seeding is fair. The main limitation is the slope. This unit is poorly suited to homesite development. The main limitations are the slope and the shrink -swell potential. This map unit is in capability subclass Vle, nonirrigated. It is in the Mountain Loam range site. 6—Almy loam, 1 to 12 percent slopes. This deep, well drained soil is on fans and uplands. It formed in alluvium derived dominantly from calcareous redbed sandstone and shale. Elevation is 6,000 to 7,800 feet. The average annual precipitation is 12 to 14 inches, the average annual air temperature is 42 to 46 degrees F, and the average frost -free period is 85 to 105 days. Typically, the surface layer is reddish brown loam about 8 inches thick. The upper 3 inches of the subsoil is fine sandy loam. The lower 15 inches is sandy clay loam. The substratum to a depth of 60 inches or more is fine sandy loam. The soil is noncalcareous to a depth of 11 inches and calcareous below that depth. Included in this unit are small areas of Empedrado soils. Included areas make up about 20 percent of the total acreage. Permeability is moderate in the Almy soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is moderate. This unit is used as rangeland or hayland. The potential plant community is mainly bluebunch wheatgrass, Indian ricegrass, bottlebrush squirreltail, Douglas rabbitbrush, and Wyoming big sagebrush. Prairie junegrass, needleandthread, and Sandberg bluegrass also are included. The average annual production of air-dry vegetation is about 950 pounds per acre. If the range condition deteriorates, Wyoming big sagebrush, Douglas rabbitbrush, cheatgrass, and annual weeds increase in abundance. The suitability of this unit for range seeding is good. Loss of the surface layer severely reduces the ability of the unit to produce plants suitable for grazing. This unit is well suited to hay and pasture. It has few limitations. Grasses and legumes grow well if adequate fertilizer is used. If properly managed, the unit can produce 5 tons of irrigated grass hay per acre annually. This unit is well suited to homesite development. This map unit is in capability subclass IVe, irrigated and nonirrigated. It is in the Rolling Loam range site. 72 Soil Survey The Rock outcrop consists mainly of barren sandstone, shale, and basalt. This unit is used as wildlife habitat. The native vegetation is grasses, forbs, pinyon, and Utah juniper. This unit is poorly suited to homesite development. The main limitations are the slope, the depth to bedrock, and large stones. This map unit is in capability class VIII. No range site is assigned. 106—Tridell-Brownsto stony sandy loams, 12 to 50 percent slopes, extremely stony. This map unit is on terraces and mountainsides. Elevation is 6,400 to 7,700 feet. The average annual precipitation is 12 to 14 inches, the average annual air temperature is 42 to 44 degrees F, and the average frost -free period is 85 to 105 days. This unit is about 45 percent Tridell soil and 35 percent Brownsto soil. About 5 to 10 percent of the surface is covered with stones. Included in this unit are small areas of Forelle and Evanston soils in the less sloping cleared areas. Also included are small areas of basalt Rock outcrop and soils that are similar to the Tridell soil but have less gravel and fewer stones. Included areas make up about 20 percent of the total acreage. The Tridell soil is deep and somewhat excessively drained. It formed in alluvium and colluvium derived dominantly from sandstone and basalt. Typically, the upper part of the surface layer is grayish brown stony sandy loam about 2 inches thick. The lower part is grayish brown very cobbly fine sandy loam about 7 inches thick. The upper 5 inches of the substratum is very cobbly fine sandy loam. The next part is cobbly sandy loam about 11 inches thick. Below this is 12 inches of very stony fine sandy loam. The lower part of the substratum to a depth of 60 inches is very stony loamy sand. Hard basalt is commonly below a depth of about 60 inches. The soil is calcareous throughout. A thin layer of partially decomposed needles, twigs, and leaves is on the surface in many places. Permeability is moderately rapid in the Tridell soil. Available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate. The Brownsto soil is deep and well drained. It formed in alluvium derived dominantly from coarse textured, calcareous sandstone and basalt. Typically, the upper part of the surface layer is light brownish gray stony sandy loam about 4 inches thick. The lower part is light brownish gray stony sandy loam about 7 inches thick. The upper 19 inches of the substratum is very gravelly sandy loam. The next 12 inches is very gravelly loamy sand. The lower part to a depth of 60 inches is gravelly sandy loam. A thin layer of partially decomposed needles, twigs, and leaves is on the surface in many places. Permeability is moderate in the Brownsto soil. Available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate. This unit is used mainly for livestock grazing or wildlife habitat. It also is used for limited homesite development, for Christmas trees, or as a source of firewood and posts. The potential plant community on the Tridell soil is mainly pinyon pine and Utah juniper with an understory of bluebunch wheatgrass, Indian ricegrass, Wyoming big sagebrush, and muttongrass. Other plants that characterize this site are bottlebrush squirreltail, antelope bitterbrush, and true mountainmahogany. The average annual production of air-dry vegetation is about 300 pounds per acre. The potential plant community on the Brownsto soil is mainly Wyoming big sagebrush, needleandthread, Indian ricegrass, western wheatgrass, and scattered pinyon pine and Utah juniper. Other plants that characterize this site are bottlebrush squirreltail, antelope bitterbrush, and true mountainmahogany. The average annual production of native understory vegetation is about 600 pounds per acre. If the range condition deteriorates, Wyoming big sagebrush, cheatgrass, and annual weeds increase in abundance. Mechanical treatment is not practical because of the very stony surface and the slope. Suitable management practices include proper grazing use and a planned grazing system. The slope limits access by livestock. The limited accessibility results in overgrazing of the less sloping areas. Selective thinning of the pinyon and juniper stands improves the quality of the understory for grazing and provides firewood, posts, and Christmas trees. The Tridell soil is suited to limited production of pinyon pine and Utah juniper. The average annual production is 5 cords per acre. The average stocking rate is 150 trees per acre. To ensure sustained yields and continued use, the kind of wood production should be considered before the stands are thinned or cleared. Special care is needed to minimize erosion when the stands are thinned or cleared. Thinning the stands generally promotes the growth of understory grasses and young trees. Only the less sloping areas of this unit are suited to homesite development. The main limitations are the slope and the stoniness. Erosion is a hazard in the steeper areas. Only the part of the site that is used for construction should be disturbed. Topsoil can be stockpiled and used to reclaim areas disturbed during rvey ng e it is rstory ing . The about soil is d e in zing is Its in inning lity of posts, ing elds ould ared. the es d to e e d for ring Aspen -Gypsum Area, Colorado construction. The gravel and cobbles in disturbed areas should be removed if the site is landscaped, particularly in areas used for lawns. Areas adjacent to hillsides are occasionally affected by runoff, which may be accompanied by the movement of rock debris. Population growth has resulted in increased construction of homes in areas of this unit. This map unit is in capability subclass Vile, nonirrigated. The Tridell soil is in the Pinyon -Juniper woodland site, and the Brownsto soil is in the Stony Foothills range site. 107—Uracca, moist-Mergel complex, 1 to 6 percent slopes, extremely stony. This map unit is on alluvial fans, benches, and valley side slopes. Elevation is 6,800 to 8,400 feet. The average annual precipitation is 16 to 19 inches, the average annual air temperature is 40 to 43 degrees F, and the average frost -free period is 75 to 95 days. This unit is about 50 percent Uracca soil and 40 percent Mergel soil. Included in this unit are small areas of soils that are similar to the Uracca and Mergel soils but have a thicker surface layer and a lower content of coarse fragments. Included areas make up about 10 percent of the total acreage. The Uracca soil is deep and well drained. It formed in alluvium derived dominantly from mixed igneous and metamorphic material. About 3 to 15 percent of the surface is covered with boulders, stones, cobbles, and gravel. Typically, the surface layer is brown cobbly sandy loam about 3 inches thick. The upper 5 inches of the subsoil is cobbly sandy loam. The lower 7 inches is very cobbly sandy clay loam. The substratum to a depth of 60 inches or more is extremely cobbly loamy sand. The content of coarse fragments ranges from 35 to 85 percent, by volume, in a major part of the surface layer and subsoil. Permeability is moderately rapid in the Uracca soil. Available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. The Mergel soil is deep and well drained. It formed in glacial outwash. About 3 to 30 percent of the surface is covered with boulders, stones, cobbles, and gravel. Typically, the surface layer is grayish brown cobbly loam about 8 inches thick. The upper 12 inches of the substratum is very cobbly sandy loam. The lower part to a depth of 60 inches is extremely stony sandy loam. The content of coarse fragments ranges from 35 to 80 percent, by volume. Permeability is moderate in the Mergel soil. Available water capacity is low. The effective rooting depth is 60 WAdl • 7 inches or more. Runoff is slow, and the hazard of wate erosion is slight. This unit is used mainly for irrigated hay and pasture It also is used for homesite development or rock quarrying. If this unit is used for hay and pasture, the main limitation is the low available water capacity. Frequent irrigation is needed. Applications of nitrogen and phosphorus fertilizer improve the growth of forage plants. Proper stocking rates, pasture rotation, and restricted grazing during wet periods help to keep the pasture in good condition and protect the soil from erosion. Irrigation water can be applied by corrugation, sprinkler, and flooding methods. Pipe, ditch lining, or drop structures in irrigation ditches facilitate irrigation and reduce the hazard of ditch erosion. If properly managed, the unit can produce 4 tons of irrigated grass hay per acre annually. If this unit is used for homesite development, the main limitations are the large stones and boulders on and below the surface. Population growth has resulted in increased construction of homes in areas of this unit. Preserving the existing plant cover during construction helps to control erosion. The gravel and cobbles in disturbed areas should be removed if the site is landscaped, particularly in areas used for lawns. The effluent from septic tank absorption fields can surface in downslope areas and thus create a health hazard. If the density of housing is moderate or high, community sewage systems are needed to prevent the contamination of water supplies resulting from seepage from onsite sewage disposal systems. Areas adjacent to hillsides are occasionally affected by runoff, which may be accompanied by the movement of rock debris. This map unit is in capability subclass Vls, irrigated and nonirrigated. It is in the Stony Loam range site. 108—Uracca, moist-Mergel complex, 6 to 12 percent slopes, extremely stony. This map unit is on alluvial fans and valley side slopes. Elevation is 6,800 to 8,400 feet. The average annual precipitation is 16 to 19 inches, the average annual air temperature is 40 to 43 degrees F, and the average frost -free period is 75 to 95 days. This unit is about 50 percent Uracca soil and 40 percent Mergel soil. Included in this unit are small areas of soils that are similar to the Uracca and Mergel soils but have a thicker surface layer and a lower content of coarse fragments. Included areas make up about 10 percent of the total acreage. The Uracca soil is deep and well drained. It formed in alluvium derived dominantly from mixed igneous and Garfie1ounty Treasurer - Receip4Ilf Tax Payment Receipt BATCH PARCEL NO: 2463-101-00-012 ACCOUNT: R090141 DATE RECEIVED: 05/01/2000 RECEIVED BY: JB FOUR BAR RANCH CO., LTD. PO BOX 686 CARBONDALE, CO 81623-0686 DESCRIPTION: SECT,TWN,RNG:10-8-88 DESC: LOTS 1 & 8 S. OF CO. RD. 111, E. OF ST HWY 133 & DESC: THE C/L OF THE CRYSTAL RIV. EXCEPT A TR IN LOT 8. DESC: EXCEPT .14 AC. DESC. IN 699/165. BK:0572 PG:0598 BK:0572 PG:0616 BK:0699 PG:0161 PAYOR: FOUR BAR RANCH CO LTD 1999 TAX REFERENCE: AMOUNT CHECK 2694 3,526.78 TOTAL RECEIVED 3,526.78 TAX PAYMENT WHOLE 867.70 ALL CHECKS SUBJECT TO FINAL COLLECTION ! THANK YOU - Garfield County Treasurer P. O. Box 1069 Glenwood Springs, CO 81602-1069 1 • • B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approvedwell permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells with 1/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district; and F All state and local environmental health and safety requirements have been met or are in the process of being met; and G. Provision has been made for any required road or storm drainage improvements; and H. Fire protection has been approved by the appropriate fire district; and 3. • • I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and J. School fees, taxes and special assessments have been paid. (The school impact fee is $200.00 for each lot created) PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. B The Planning Department shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Department. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedures in these regulations. 4. (-) v 0 oc OC 0 N � 8 C' O A.L C 9 ZI S ee • Itprur, at 2-: 33 R., ,. k Hen tio. _ 1,0 TIfISDLED, Made this =,Lv"C day of het wren WILLIAM TURNBULL June Di'( --June 11 411, _Loretta_B --Recorder. 19 80 New Jetil County of and State of Cettrrse . of the first part. and DAVID K. DANCIGER whose legal address in 9520 Santa Paula Dr. Fort Worth, Texas 76116 of the Texas County of Tarrant and Staten( --Pninraa,tn, of the second part: Recorded of tee 389 ';(.876 STATE DOCUMENTARY FEE JUN 9 1980 WITNESSETH. That the said part y of the first part. for and in consideration of Ten Dollars and other valuable consideration– DOLLARS to the said part y of the (int part in hand paid by said party of the second part. the receipt whereof la hereby con (Pelted and acknowledged, ha 8 granted. bargained. sold and conveyed, and by these presents do e8 grant. bargain, sell. convey and confirm, unto the said part y of the second pa.t,hi& heirs and assigns for ever, all the following described lot or parcel of land. situ. te. lying and being in the -43mrntTtrt and State of Colorado, to wit: Counties of Pitkin and Garficld/ That property described on Exhibit "A" attached hereto and incorporated herein by this reference. JUN 13 MO !my IMMMI EAIY VIE •al , knnwrr sten rewt-revel mt,trher-- TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appets taining, and the reversion and reversions, remainder and remainders, rents. ,worm and profits thereof, and all the ratite, right, title, interest, claim and demand whatsoever of the maid part y of the first part. either In law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO IIAVE ANI) TO HOLD the nail premiara shove bargained and described with the appurtenances, unto the maid party of the arcond part, his heir and aapigna fo . And the maid part y of the first part. for him mel f hi8heira, executors, and adminu,tratora. do ew co.wnant, grant. bargain, and agree to and with the maid part y of the second part. his hrira nrid as.igna, t hat at the time of the enaraling and delivery of these presents, he is well mrized of the prrnnar. oboe« ronveyrd, as air I, sure, perfect, absolute and indefeasible estate of Inheritance, in kw. in fee simple, and ha q good right, full power and authority to grant, bargain, sell and convey the sante in manner and form na afnrraaid, and that the .amr are free and clear • from all former and other hranta, bargains, pales, liens, tax,•,, mrnta and .•ncumbranrra of whatever kind of nntureaoeverr, except and subject to those items met forth on Exhibit "8" attached hereto and incorporated herein by this reference. and the above bargained premiers In t he quirt and peaceable puaarsau,n of t he null part y of the arcond part, his hrira and annigna ngaln<t all and every person or persona lawfully claiming or to clam the whole or any part thereof, the said part y of the first part shall and will WARRANT ANI) FOREVER DEFEND, IN WITNESS WHEREOF, theal,idpart y uithrfirstpart hps hereunto art hie hand and seal the day and year Gest above w. attrit I I�Ia`L,�•_� , _ — t+W.Al.) William Turnbull STATE t1F' ('11LORA1n1. ('unit, ..f Garfield 'f hr (Ongoing ni.trumrnt wa< acknowledged h •l.,rr ere 1hi. 1, 80 by William Turnbull \fy ram W+^.w.o•rq ppm • ��. �._ • Q „ • •zrJ day of _ --•-- (SEAL) (SEAL) 7) 5 /,. , +- , 19 Witness my hand and official anal. /1 t • EXHIBIT "A" • me3bJ 0<< 877 bog 550 1,4E139 That real prcperty 3escribed in deed recorded as Reception. No. 241183 in Book 395 at pages 152-153 of the Garfield County records, and in Book 235 at pages 178-179 of the Pitkin County records, except that real property conveyed by deed recorded as Reception No. 243656 in Book 402 at pages 424-427 of the Garfield County Records. TOGETHER with all water, water rights, reservoir and reservoir rights, ditch and ditch rights appurtenant to said real property, including an undivided one-half interest irthe following ditch, water and reservoir rights: 1. The Prince Creek Ditch Znd the water and water rights therein under Priority No. 6 in former Water District No. 38. 2. The Bennett Ditch and water and water rights therein under Priority No. 63. 3. The Mt. Sopris Ditch and the water and water rights therein under Priorities No. 130 and 183. 4. Storage rights in Dinkle Lake Reservoir, also known as Lake Ann Reservoir, and the 9,234,720 cubic feet of water adjudicated thereto under Priority No. 13. AND Those tracts of land described in deed recorded as Reception No. 226588 in. Book 360 at Pages 56-59 of the Garfield County Records, as corrected by deed recorded as Reception No. 303709 in Book 548 at pages 214-215 of said records. AND Those parcels of land described on Exhibit "A-1" attached hereto. EXCEPTING THEREFROM that parcel of land described on Exhibit "A-2" attached hereto. TOGETHER with any and all water and water rights and ditch and ditch rights appurtenant to the above described real property. AND TOGETHER with all of first parties' mineral rights appurtenant to the above described property. 'relay, 23 1996 2.38PM S�Fw:A?T TIT_E ::.`: 'ODde, Recor4edat_r �� Retention No. pi�s_ 1 1s ;5.,,,,.("f o. 2789aoad. 2/7,':GE1�: -N,42 TIIIS DEED, Made this day of '— , 1980 ,between DAVID K. DANCIGER of the County of Tarrant and Stats oftao o§ --gado, of the first part, and THOMAS R. TUMULT. and ROSAtMOND :1IRNBITLL whose legal address is P.O. Bos 686 Carbondale, CO 81623 of the County of Garfield and State of Colorado, of the second part; WITNESSETH, That the said part y Recorder. RECORDER'S STAMP .Iib! 12 -c- pirr rUmliiA21 fa. cfthe first part, for and in consideration of the sum of —Ten Dollars and other valuable consideration----------- Dollars, to the said part Y of the first part, in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and con- veyed, and by these present:: do es Grant, bargain, sell, convey and confirm unto the said part Les of the second part, their heirs and assign forever, al! the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: That property described on Exhibit "A" attached hereto and incorporated herein by this reference. xi:grknovar,r3 strirt-arrtramn em Together with ail and singular the hereditaments and appurteuaneea c::ereuui u brIalgiuk, U in anywise a..pertaining, and the reversion and reversions, remainder and remainders, rents, issues and profs thereof: and all the estate, right, title, interest, claim and deraand whatsoever, of the said part of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appr-tenanees: TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said part les of the second part, their heirs and assigns forever. And the said part y of the first part. for himself , his heirs, executors and administrators, do es covenant, grant, bargain and agree to and with the said part its of the second part, theirheirs and assigns, the above bargained premises in the quiet and peaceable possession of said part its of the second part, theirheira and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said part y of the first part to WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said part y of the first part ha a hereunto net his hand and seal the day and year first above written. Signed, Sealed and Delivered in the presence o STATE OF COLORADO. County of Garfield Tbo foregoing instrument was acimowieeted before nes chin 19 80 ,by David K. Danclger J 65- Mr comminsior expire, 1 9t. J ,. ,< • r O n , • �� c lC�/�' ISEAL) avid K, ]Coacher �% {SEAL} (SEAL} day of OM aZ S/ /91.4 l9 .Russo my hand and official &ell_ C7" N.aer Collie. No.16 sic CI l»AMWA'TT Deeo.—a,.er..eh.t..S.nr C.. U124-44 Sum.. au..., I.,.•4..1e tllt•tsaU tun a' 1996 2:38PM.. ; GLNWOD EXHtI I't"I`'\" No. 2789 P. 3/7 60ok Wet) hgE14:S THOSE tracts of land desCribeci in deed recorded as Reception No. 226586 .n Zook 360 at Pages 56-59 of the Garfield County Records, as corrected by deed recorded as Reception No. 303709 in Book 548 at Pages 214-215 of said records. AND Those parcels of land described on Exhibit "A-1" attached hereto. EXCEPTING THEREFROM that parcel of land described on Exhibit "A-2" attached hereto. TOGETHER WITH any and all water rights and ditch and ditch rights appurtenant to the above described real property. AND INCLUDING that real property described in deed recorded as Reception No. 241183 in Book 395 at pages 152-153 of the Garfield County records and in Book 235 at pages 178-179 of the Pitkin County records, excepting therefrom that portion of said property described in deed recorded as Receetion N. 243656 is Book 402 at pages 424-427 of the Garfield Ccunty Records, and excepting and expressly reserving to first party that real property describe on Exhibit "B" attached hereto and incorporated herein by this reference. AND TOGETsiER with 1 cubic foot of water per second of time from the Prince Creek Ditch, Priority No. 6, as decreed by the District Court for the former Water District No. 39, and all other water and water rights and ditch and ditch rights appurtenant to the property conveyed hereby; provided, however, that first party expressly reserves those water rights described on Exhibit "B" attached. AND SUBJECT TC an easement and right of way for purposes of ingress and egress being twenty (20) feet in width situate along and ten (10) feet on either side of the centerline of the roadway as currently established and in place extending from the Prince Creek County Road in the SW/ of Section 11, Township 8 South, Range 88 West of the 6th P.M. over and across the above descrihed property to the re'i.d.ence currently located on that tract of land descrihed on Exhibit "C" attrched hereto. AND TOGEJ£R with all of first partizs' mineral rights appurtenant to the above described property. 'May, 23. 1996 2:39PM STFWART TITLE GLNW3D • No. 5 • EXHIBIT "A -l" No, 2789 P. 4/7 8nox 550 ? E14.1 CERISE TO TURNBULL A small Parcel of Lind situated in Lot 7, Section 11, Town- ship 8 South, Range 88 West of the Sixth principal meridian, Cer'field County, Colorado, more particularly described as follows: commencing at a rebar and cap at the Southwest corner of said Section 11 (whence an iron post and ('sass cap properly narked and found in place for the witness corner to said Southwest coreer bears S. 00'08'29" E. 27.18 feet), thence N. 00'15'48" W. along the the test line of said Section 11 1850.04 feet to the Northwest corner of said Lot 7, the Tt-u Point of ?eginning; thence S..97'02'16" B. along the North line of -:aid Lot 7 81.43'feet to a fence as constructed and in place; thence leaving said North line S. 89'55'43" W. along said fence line 81.30 feet to the gest line of said Lot 7; then, leaving said fence line. N. 00'15'48" W. along said nest line 4.31 feet to the True Point of Beginning; containing O.00,O acres, more or less. NO. 2 CERISE TO TURNBULL A small parcel of land situated in Lot 7, Section 11, Town- ship 8 South, Ranee 88 hest of the Sixth Principal meridian, Garfield ielCounty, Coloradr., more particularly described as Commencing at a rebar and cap at•the Southwest corner of said Section 11 (whence an iron post and brass cap properly mar%ed and found in place for the witness corner to said southwest corner Bears S. 00'08'29" E. 27.18 feet), thence N. 43'13' 00' E. 2420.46 feet to the Northeast corner of said Lot 7, the True Point of Beginning; thence S. 00'21'22" E. along the Last line of said Lot 7 14.73 feet to a point on the extended line of a fence as constructed and in place; thence leaving said East line N. 89'33'36" W. along said Cance line 416.99 feet; thence N. 66.10'59" w. along said fence line 99.29 fent; thence N. 71'13'48" W. alone? said fence line 3.55 fcct to a point on the :north line of said Lot 7; thence leaving said fence line S. 87'02'16' E. along said North line 513-11 fact to the True Point of Beginning; containing 0.2650 acres, more or less. Excepting from above the right-of-way of Prince Creek County Road. M;May. ,::3. 1996 2:39PM , ' 1 r," i 11Li 1+L114`lir!) !• EXHIBIT "A-2" No. 2789 P. 5/7 No. 1 TURNBBULL TO CERISE orJ' 550 bcE145 A small parcel of land situated in Lot 6, Section 11, Town- ship 8 South. Range 88 blest of the Sixth principal Meridian, Garfield County, Colorado, more particularly described as follows: Commencing at a rebar and cap at the Southwest corner of said Section 11 (::hence an iron post and brass cap properly marked and found in place for the Witness corner to said Southwest corner aears S. 00'08'29" E. 27.18 feet), thence N. 02.15'33" E 1947.25 feet to the South line of .said Lot 6 at a of intersection with a fence as -constructed and in place,�tthe True point of Beginning; thence leaving said South lire N. 89'55'43" E. along said fence line 905.50 feet; thence S. 71'13'48" E. along said fence lire 175.92 feet'to a point on said South line; thence leaving said fence line N. 87'02' 16" W. along said South line 1073.50 feet to the True ?pint of Beginning; containing 0.5905 acres, more or less. pay. 23. 1996 2:39PM SFJ TITLE GLNWOD i E. Extiz2IT No, 2789 P. 6/7 . anox 550 ,11-41,4ti A tract of land situated in Sections 11, 12, 13 and 14, Township 8 South Range A8 West of the Sixth Principal Meridian, Garfield and Pitkin Counties Colorado, lying Southerly of the Southerly line of a parcel of land described in Book 525 Page 34 of the Garfield County Clerk and Recorder's Office, Westerly of the East lines of Sections 12 and 13, Easterly of. the East line of a parcel of land described in Book 253 Page 324 of the Pitkin County Clerk and Recorder's office, also Easterly of the Easterly line of a parcel excepted from the Pings to Turnbull Deed, filed in Pitkin County Clerk and Recorder's office, and Northerly of the Northerly right-of-way (being the Northern most extreme of road maintenance) of the Prince Creek County Road as constructed and in place; said tract being.mo-e particularly described as follows: Commencing at an iron post and brass cap found in place and properly marked for the. Southeast Corner of said Section 12; thence N.76'58' 24"w. 2320.51 feet (tie from said Book 525 Page 34--N.77'03'11'W. 2316.18 feet) to a point on the East line of Lot 5 in said Section 12, the True Point of Beginning; thence 5.00'29'03". along said East line of Lot 5 513.82 Beet to a point on the South line of said Section 12; thence leaving said East line of Lot 5, S.89'45'53"E. along said South line of Section 12 2256.47 feet to said Southeast Corner of Section 12; thence -leaving said South line of Section 12 S.00"36'00"E. along the East line of said Section 13 2637.45 feet to an iron post and brass cap found in place and properly marke.1 for the East Quarter Corner of said Section 13; thence leaving said East line of Section 13, N.89'51'41"w. along the East-West Centerline of said Section 13 5302.47 feet to•a stone found in place and properly marked for the common West Quarter Corner of said Section 13 and East Quarter Corner of said Sec- tion 14: thence leaving said East-West Centerline 5.00'14'49"E. along the East line of said Section 14, 1024.16 feet to a point on the Northerly right-of-way (being the Northern most extreme of road main- tenance) of Prince Creek County Road; thence leaving said East line of said Section 14 the following fifteen (15) cor.ses along said Northerly right-of-way: 1. N.38' 48' 07"W. 2. Along a curve central angle N.55'S9'30"W. 3. Along a curve Central angle N.73.35'20"W. 4. Along a curve central angle N.34'13'36"w. 5. Along a curve Central angle S.88'04'41"W. 6. Along a curve central angle N.64'12'25"W. 7. Along a curve central anglt, N.50'11'28"W. 322.61 feet; to the left, having a radius of 340.80 feet and a of 34'22'46", a distance of 204.49 feet (chord bears 201.44 feet); to the left, having a radius of 19,052.08 feet and a of 00'48'54", a distance of 271.01 feet (chord bears e71.00 feet); to the left, having a radius of 529.34 feet and a of 20'27'40", a distance of 189.03 feet (chord bears 188.03 feet); to the right, of 05'04'10", 106.36 feet); to the right, of 50'21'43", 150.79 feet); having a radius of 1202.50 feet and a a distance of 106.40 feet (chord bears having a radius of 177.20 feet and a a distance of 155.76 feet (chord bears to the left, having a radius of 62.00 feet and a of 22'19'52', a distance of 24.17 feet (chord bears 24.01 feet); 8. N. 61' 21' 27"w. 114.61 feet; 9. Along a curve central angle N.57'59'S0"w. 10. Along a curve central angle N.62'00'19"W. to the right, of 06'43'12', 115.91 feet); having a radius of 988.00 feet and a a distance of 15.88 feet (chord bears to the left, having a radiue of 1193.73 of 14'44'11", a distance of 307.02 feet 306.18 feet); feet and a (chord bears May. 23. 1996 2:40PM STS'•ART TITLE GLNWOD;6`feet} j ° uistance of 578Np 2789'. (p 7/7 bears F Ons 0,`x(1 a':cE14 ? Along a curve to the left. having �adius of 164.35 feet and a central angle of 35"52'31", a distance of 102.91 feet (chord hears N.38.50'47"W. 101.23 feet); 13. N.56.47'05"W. 163.99 feet; 14. Along a curve to the right, having a radius of 386.69 feet and a central angle of 16.02'28", a distance of 108.26 feet (chord beats N.48°45'50"W. 107.91 feet).; 15. N.40.44'35"W. 91.82 feet; thence leaving said Northerly right-of-way N.25'59'14"E. 20.72 feet to the Southeast Corner of a parcel of land as described as "Parcel A" in Hook 253 Page 325 of the Pitkin County Clerk and Recorder's Office; thence along said Deed line and along a fence as constructed and in place N.2S'59'14"E 327.36 feet; thence along said Deed line and fence N.60'20'29"W. 243.20 fee thence along said Deed line and fence N.00'19'0S"W. 365.01 feet; thence alc said Deed line and fence *4.87'56'12"W. 177.29 feet; thence along said Deed line and leaving said fence N.82"18'17"W. 204.62 feet; thence along said Deed Line N.69°17'50"W. 133.95 feet; thence along said Deed line S.76'37' 00"W. 159.49 feet to Exception t2 out of the Deed from pings to Turnbull filed in the Pitkin County Clerk and Recorder's office; thence leaving said "Parcel A" Deed line along the line of said Exception 12 N.31'53'39"w. 30.2 feet to Exception 13 of said Pings to Turnbull Deed; thence along said line of Exception 13 N.76'37'00'W. 85.51 feet; thence N.00.01'27"W. 277.43 feet along said exception; thc,ace N.00'01'09"ta. 290.23 feet along said exceptior. thence S.89.58'51"w. along said exception 529.55 feet to a point on the Easterly right-of-way fence line of said Prince Creek County Road; thence along the East line of said Exception 12 N.01'54135"W. along said Easterly right-of-way fence and exception line 1188.20 feet to a point on the North line of Lot Nine (9) of said Section 11; thence leaving said Easterly nigh of -way fence line and said exception line N.88'l1'38"E. along the North line of said Lot 9, 294.67 feet to the centerline of an existing irrigatio. ditch; thence leaving said North line 5.37'26'09"E, along the centerline o said ditch 34.32 feet to a point. in an existing fence; thence leaving said centerline of ditch, N.65'12'48"E. along said fence 138.21 feet; thence N.88'41'26"E. 41.01 feet along said fence; thence leaving said fence S.34 18'00*E. 299.31 feet; thence 5.46.37'40"E. 184.39 feet to a point in an existing fence; thence 5.25'52'33"E. 98.76 feet along said fence; thence 5.89.35'47"E. 657.60 feet along said fence; thence N.24'28'08"E. 88.05 fee along said fence; thence leaving said fence N.03.44'15"W. 405.98 feet to r point in an existing East-West fence; thence continuing along said fence N.89'20'44"E. 1379.05 feet; thence continuing along said fence N.03'33'39" 132.65 feet; thence continuing along said fence N.40.02'56"W. 23.58 feet; thence continuing along said fence N.01.07'48"W 2.00 feet to a paint on th South line of a tract of land described in Hook 525 Page 34 of the Gariel County Clerk and Recorder's Office; thence leaving said fence line S.75' 13'32"E. along said South Deed line 513.27 feet; thence along said South Deed line 5.87'23'23"E. 594.30 feet; thence along said South Deed line 5.8 03'30"E. 2577.91 feet to the True Point of Beginning, containing 577.61 ac more or less. - • Also conveying by special warranty and without general warranties of tit1i whatsoever, all water, water rights, reservoir and reservoir rights, ditc` and ditch rights appurtenant to said real Property, including an undiviee, one-half interest in the following ditch, water and reservoir rights: 1. The Prince Creek Ditch and the '..,iter and water rights therein unc'er Priority No. 6 in former coater District No. 38, EXCEPT 1 cubic foot of water Per second of time which is expressly reserved therefrom. 2. The Bennett Ditch and :rater and water rights therein under Priority No. 63. 3. The tot. Sopris Ditch ar.i tha water and water rights therein undo= Priorities No. 130 and 183. 4. Storage rights in pinkie Lake Reservoir, also known as Lake Ann Reservoir, And the 9,234,720 cubic feet of water adjudicated thereto undo Priority No. 13. AND TO=NER WITH all of first portico' mineral rights appurtenant to the above described property. THIS 1'111S 1)i'i:1►, \1:4,14.thN 1:1 8! . he'w, , rl ,Iv Iri K. ;,' •;r IT: • of the County of T•,rrnrt and State oferri r-- rasin, of the first part, and TI10}fAS R. TURNBULL. and ROSA`tOND 1'CRNBt'LL whose legal address i:: P.O. Box 686 - Carbondale, Colorado 81623 :4,7.1:- 4 - Texas BF:( (ekDER'SSTAMP MAY 2 2 1981 -R=7 of the County of Garf field and Stateof Colorado. of the second part; %'ITN ESSE,TTI, That the said part y of the first part, for and in consideration of the sum of Ten Do1?.ars and other valuable. consideration Dollars, to the said part y of the first part, in hand paid by the said part les of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted. bargained. sold and con- veyed, and by these presents do .es grant, bargain, sell. convey and confirm unto the Said parties of the second part, their heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and `tate of Colorado, to wit: That property described on Exhibit "A" attrahed hereto and Incorporated 'herein by this reference. NOTE: No State Doc. Per neceseary Correction deed to corr•et error In deserlption In deed in Book 550 at Page 142 ,0f the records of the Clerk and Recorder of Carfleld County, Coleraao a 1 K W i(it t W:JI i1Jl.itt L'Yy 1 .&ti r i i11l�LI LY t Together +vith all and singular t he het'e,lit: in, n' and appurtenances thereunto belonging, or in anywise appertaining, and t rev..ru,n ;And r- on•-, remainder and remainders, rents, issues and profits thereof; and :dl tilt.,.state. , Irl.,•,`,•rest, claim and demand whatsoever, of the said part v of the first pat t, t•lt her II. I.,tt ,., ,•,t,.r,: v. of, in and to the above bargained premises, with the heretlitament. and :wpm' 'f,► HAVE AND 'I'O IIOLL) the said premises above bargained and,ie'rnhe,l. wit li I Ire :rptrurtenanre:, 1101,4 tlt,• said part les ofthe second port, their heirs and assigns forever. And t he said part v oft he first part, for h Imsel t , h 1 heirs, executors and administrators, do covennut, grant, bargain nal agree 10 1011 wit it the said part ies of the second part. the lrheir. and :tsuigr ,, tl e ahoy.. bargained premises 4n the quiet and peaceable possession of said part Ie.( of 4he ...cowl p:u•t,tire1r heirs and assigns, against all and every person or pet sons Ia%efully elat0nng to claim the `chid, or any part thereof. by, through or unler•thes:m111;111 v ofth, 14•-111:'4111.'.\PICA N'T.\N1)I-(1RF:\•l:I( ()F:F'F'\1). I\ 11'I•(•XF:,;.; \\ 111.:1t1•:Oi ,Thr saes p:u t v flit hi. lust part ha a hereunto set his hand or„I w•:ll 1 he day :4n,1 v, :,r first :,hoe, lwrltten. Simms'. healed and 14•litSeed in the re. / � • •,f �llavid 1:. DaneIg,er' ISEAI,I ST:1TF'(4I ('((1.1(R.\I►O, 4 ,writ> of (;;Irf IeI(1 1 1In • .,, ,, •.111.•..,.,, .i•n.•n' w., :,rl r•. ,.,•.I C•^I I •1,•r. ru,• t hr. Ii, ref I'til 1•• .\pSAP, }' '. David K. h:int i,•er i, n,•-� my hand anti oafi,•rsl .,'al. it 11 No. 5 EXHIBIT "A" - page 2 CERISE TO TURNBULL • A small parcel of land situated in Lot 7, Section 11, Town- ship 8 South, Rinse 88 West of the Sixth Principal Meridian, Canfield County, Colorado, more particularly described as follows: Commencing at a rebar and cap at the Southwest corner of said Section 11 (whence an iron post and brass cap properly marked and found in p)ace for••the witness corner to said Southwest corner bears S. 00'08'29" E. 27.]8 feet), thence N. 00'15'48" W. along the the west line of said Section 11 1850.04 feet to the Northwest corner of said Lot 7, the True Point of Beginning; thence S..87'02'16" E. along the North line of said Lot 7 81.43•feet to a fence as constructed and in place; thence leaving said North line S. 89'55'43" W. along said fence line 81.30 feet to the test line of said Lot 7; thence leaving said fence line N. 00'15'48" W. along said hest line 4.31 feet to the True Point of 1?eginning; containing 0.0040 acres, more or less. irAGOO NO. 2 CERISE TO Ti'Ri:BULL A small parcel of land situated in Lot 7, Section 11, Town- shipieldouth,Range 88 test of the Sixth Principal Meridian. follows: County, Colorar.o, more particularly described as Commencing at a rebar and cap at the Southwest corner of said Section 11 (whence an iron post and brass c::p properly marked and found in place for the witness ss corner e.,rner Bears S. 00'08'2 t), toh said N. 43'1 3' 00" E. 2420.46 feet to t',eei:ortheastecorner}�ofcsaiJd Lot l7, True Point of Beginning; thence S. 00'21'22" E. along thethe East line of said Lot 7 14.73 feet to a point on the extended line of a fence as constructed and in place; thence leaving said East line N. 89'33'36" W. along said fence line 414.99 feet; thence N. 68'10'59" W. along said fence line 99.29 thence N. 71'13'48" N. along said fence line 3.55 feet to a point 6n the North line of said Lot 7; thence leaving said fence line S. 87'02'16" E. along said North line 513.11 feet to the True Point of Beginning; containing 0.2650 acres, more or less. Excepting :rom above the right-of-way of Prince Creek County Road. - 1 4 • h-�.'• 91 f . tit.. MISDEED. N/4414Ih,-. �..� .I:., ..r April THOMAS R. TURNBULL and ROSAMOND TURNBULL the. r,,.lty "f Garfield moi -lat. •.f 1 .a.r a.1.. ti..• In.! part. aro' }YDU1. BAR RANCH COMPANY. LTD.. a limited partnership J.rd.r 1<Erottil R.4 ATAMP rFt4� + (� 1 • .'3[1)1') who... l.•tral,..hlre.-I. P.O. Box 686 Carbondale. CO 81623 ortfir. Count, •e Garfield oro .. •, „ t•,.I..r...I,. 41110 II:II t `r N'I'r\F:SSF rII. float the 1.1 part ie41 t I,.• t1• -I part. t.,. Ind!" r,m.,•I...,• 1„1. ,.I the •11,0 .1 Ten Dollarr and other valuable consideration Iru.i,ARs. lotto. 'mid part i'29,r,i, f,r.t part n, 1..1„11.41.' 1, !II. ..rnl p:.l, v ,r, 1 r....,, nd putt 11‘. 11 PIpt whrrraf .. ;, I . r. t.y r..,,(....•.l mid .n I.rn...l.•,t¢. ,i , .1 r. n„ -...I ,..-;1•;,. •1 ,1. • .01% ••• ..1d gyn.( I. t IMF:h. and hr throe pet•..•,,• d., rbn:.•.•. rete,...... 11...311,.,•, :n,., 141 IT. 1 \ 1 V .• r... r, ,u,l p,.,.y „r th.• ..•r. Tilt part, its heir,. .urr.•..nr• ntnl a..,pn ("re, er...1111,. r ,VIII. ..-.1,1....•,. , . , , ., .1 t,,,,,,e1 .l •..,,,r I, IIu•.a ,t part les•rthr (ant pari Iu,Ve ,n and 1,, tI, 1.,^nwuu•,le•4n 1•.•,1 I,• p„r..4.•( In. ,I . , • ..!•,r .n•! 1,. •„p .., th/, County of Gnrfieid :unl .tat.•.,.. „b.r ..:p• t • u 0M+ See Exhibit "A” attached hereto and incorporated herein by this reference. n,Itst t\!,1„ ...A 1,,, les",,, • . ,�„• IN%%11\I '.i1t1 , 1, . ,i. 1•,•- t herratlt.. •,. . .... r. o f the ty or rholr ie. 1`, ` y '1"•.‘ . & , _L*...iQ Thomas I. Turnbull f •l -- .I i, - , I .. 11 Ror:amond 'Turnbull .111-.,1 '•I •,, .I Carf 1.•I,I ,.81 Thom.t•: R. Turnbull And Ro9amon.l Turnbull \1 C EXHIBIT "A" Quit Claim Deed from Thomas R. Turnbull and Rosamond Turnbull to Four Bar Ranch Company, Ltd. 'MOSE tracts of land described in deed recorded as Reception No. 22658 in Book 3deed recorded asReception No. rages of the 303709 eld nin Bookty 548 as corrected by at rages 214-215 of said records.. 572 MEI -11:i. AND rho3e parcels of land described on Exhibit "A-1" attached hereto. )XCF.PTING THEREFROM that parcel of land described on Exhibit "A-2" attached hereto. TOGETHER WITH any and all water rights and ditch and ditch rights appurtenant to the above described real property. AND INCLUDING that real property describedin deed53 orecorded f theedraseld Reception No. 241183 in Book 395 at pages County records and in Bock 235 at pages 178-179 of the Pitkin erty County records, excepting therefrom that portion of said prop described in deed recorded as Reception No. 243656 in Book 402 at pages 424-427 of the Garfield County Records, and cepttingribed and expressly res.erving to first party that real p per this on Exhibit "B" attached hereto and incorporated herein by reference. AND TOGETHER with 1 cubic foot of water per second of time from the Prince Creek Ditch, Priority No. 6, as decreed by the District Court for the former tenter District No. 38, and all other water and water rights and ditch ani cinch rights appurtenant to the property conveyed hereby; provided, however, that first party expressly reserves those water rights described on Exhibit "B" attached. AND SUBJECT TO an easement_ and right of way for purposes of ingress and caress being twenty (LO) feet in width situate along and ten (10) foot on either nide of the centerline of the roadway as currently established and in place extending from the Prince Creek County Road in the SWh of Section 11, Township 8 South, Range 88 West ttof of theic`ence' 6th P.M. over and acrons the nLo-e described property currently located on th.1t tract of 1rind descrit'ed on Exhibit "C" attached hereto. ANT) TOGF.THFR with All of firct i•artip•' +.,iwvrml rights appurtel.ant to the above described property. SEO-bJTP DIV 5 TYPE OR PRINT IN ill. ACK INK. OF ACCEPTED EMENT MAILED ON REQUEST. TEL:303-945-5665 May 31 99 C ORADO DIVISION OF WATER gESOUKLtb 818 Cenienniol Bldg., 1313 Sher t• Denver, Colorado 80203 STATE OF COLORADO COUNTY OF (.T r fie e kJ 55. 4:01 No .005 P.02 4.0 V v � fy�U YilTEJ RESOUItcE� 17ij( Et CIN :ER COt 0. AFFIDAVIT STATEMENT OF BENEFICIAL USE OF GROUND WATER AMENDMENT OF EXISTING RECORD LATE REGISTRATION 'j "� PERMIT NUMBER 11 • 59 5 rFIE AF F IANT(S) 11]L2/)1d 5 ;.�I_ .�ast.-.� mph llirf/? kJ LOCATION OF WELL whose mailing 48Z of she r TD. fox UTwp. 8 — ICU. *1 M. address I s _ N/ Cu r Leo»tic1le L-Uloruda B/6.� 3H^s City -. ~ O. 51 deposes and says that i,e (they) y+(ore) the owner(s) of the well described hereon; the we s ^ `_4 it d 1 8% feet from the ,1 / 5 �IJ Foot from lite J section Linc on OI distances Of .. � IM V.Ir V� 1Y 4+_.._ 1 WC 11 wos first oppiiod to a beneliciol use for the purpose(s) described herein on Ihel_ _ moxi,Y,um sustained pumping roto of the well is 70 gallons per minute, the pumpin, bang duly sworn upon oath, located as described above, ..JAbi section line; water from this day of 1/0 e/►1 C—_ , 19;2_; the S feel; she overage annual antoun •; claimed hereby is __ gollons per minute; the total depth of the well is / ,( Cs iYI ,� /‘ 11 i of water to be diverted is 1' purpose(s); the legal description of the land on which the water from this wall is used i 7 of whi ocre.feet; kr which claim Is hereby made for ,5ec / X e •s v✓ e/M_. eted —I—acres are irrigated and vodh'reforsthisod on iho stotemo rnop on the of bonoficiol urse se of ground waterof this n; that this well was is filed in compliance withllow;• d. compliance with tho d the approved the (that') bee (hove) road the statements mode hereon; knows the content tltOFo�f{I THISthat FORM) o some are true of his (their) knowle (COMPLETE REVERSE SIDE • $ignatur� T FOR OFFICE USE ONLY 19& Subscribed and sworn da [? C 9CrLO 2 ' to before me on this _(�.� Y of xpires: IJ A_.J,t.a iG/ My Commission .,a+.¢r evIIIC ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO PURSUANT TO THE FOLLOWING CONDITIONS: (� �. 81980 �' ellj `" ��11 SSi5I1C6TATE ENGINEER Ciatf Court Ca>,e No. Mo. _ Coy Ciy. 23 i. Mon. D.s v 1 SEO—UJTR DIV 5 TEL:303-945-5665 May 31 99 4:00 No.005 P.01 • STATE MF COLORADO DIVISION OF WATER RESOURCES WATER DIVISION 5 Office ofthc State Engineer Department of Natural Resources P O Box 396 (50633 US Ilighway 0 dt 24) Glenwood Springs CO 81602. Phone (970) 945-5665 FAX (970) 945-9741 (coil firsr) huh://water.state.co.us/delault.htin facsimile To: � V Company: &CAI r'6.( (o- O(Q. *\J arn- From: L -i 10(, tAY.,--,t'r eesoufice,o Fax No.: (Q 70 �5t`l '-� Number pages, including cover sheet: Date: Re: / j/co Ri(1 Owens Oovenrnr (frog E. Walcher Executive Director He D. Simpson. P.E. State Engineer Orlyn J. Bell Division Engineer Message: 1f you do not receive all pages or it is unreadable, call 970-945-5665 with instructions to re -send. EXPLANATION OF RESULTS Coliform absent*, less than 1.1 (<1.1) indicates a safe sample. Coliform present: Unsafe Sample, greater than or equal to 1 coliform per 100 ml; water should be treated and retested. TNTC — Too Numerous To Count: The test plate contained more than 200 bacterial colonies other than coliform. Coliform bacterial growth may have been Innibited.The water supply may be unsafe.Treat and retest. TNTC — Too Numerou. To Count with coliform present: Same as above, but with coliform bacteria present. The presence of other bacteria prevents an accurate coliform count. Water supply is unsafe. Treat and retest. Confluent Growth: The test plate was covered with bacterial growth. Coliform bacteria growth may have been inhibited. The water supply may be unsafe. Treat and retest. Confluent Cirovrth with Coliform Present: Same as above, but with coliform bacteria present.The presence of other bacteria prevents an accurate coliform count. Water supply is unsafe.Treat and retest. Outdated Samples: Sample greater than 48 hours old when received. Please resample. ONS: Quantity not sufficient for testing. Please resample. Overfiitod: Unsatisfactory, laboratory cannot process accurately. Please resample. LABORATORY 8 RADIATION SERVICES US MAIL WATER 8100 LOWRY BOULEVARD PO BOX 17123 BACTERIOL084 Cof olorado i He ith DENVER, CO 80230-6928 DENVER, CO 80217 and Edvirownent SAMPLE INFORMATION: 0 COMMUNITY 0 NON -COMMUNITY 0 PRIVATE r4va.4e vi,e4.4 LTJ PWS ID ROUTINE 0 RAW 0 REPEAT FOR THE MONTH OF 0 SPECIAL PURPOSE 0 FINISHED %home 8r)5 mt1-1d Turn bu.i MG/L NAMEQV iS EM' /-ak ��,d`� CHLORINE RESI ADDRESS 1 1 CITY i 13 COUNTY 4 • -Le1 A. 19E 00030c' P/t,_. COLLECTED RECEIVED DATE TIME BY L // /b ./ ) /-,4C ❑ PM / /AM ❑ PM ORDERED BY: (SAMPLE MAY NOT BE TESTED 1F ALL INFORMATION IS NOT PROVIDED) FEE STAMP LAB 106 (07/97) (q70) 2'2C PHONE CM 04 d- l�OS44ribn6 1 t...rnb[LAI NAME Lg (v o4L 2d rt ADDRESS brat & 4 C• A I (Q; 3 CITY/STATE/ZIP TEST ORDERED Q STD BACT. 0 OTHER RESULTS: SEE REVERSE FOR EXPLA TION TOTAL COLIFORM ElPRESENT ABSENT MOST PROBABLE NO COLIFORM/100ML ❑ DENVER ANALYST RANGO taD. JCT.