HomeMy WebLinkAbout2.0 BOCC Staff Report 05.07.2001• •
BOCC 5/7/01
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Four Bar Ranch, Ltd.
LOCATION: A tract of land located in a portion of Section
11, T8S R88W of the 6th P.M.; approximately
one (1) miles southeast of Carbondale, off of
CR 111.
SITE DATA: 85.75 Acres
WATER: Well
SEWER: ISDS
ACCESS: CR 111
EXISTING/ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site for the exempted lots is located in the Medium Density Residential (6 to less than 10
ac/du) land use district, as it is designated on the Garfield County Comprehensive Plan
Proposed Land Use Districts map, Study Areas 1-3. The application is for 2 lots on 85.75
acres and is well within the recommended density provisions of the Comprehensive Plan.
H. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is located in an area south of the Town of Carbondale in
an area that is predominately larger tracts of agricultural land and small pockets of
rural residential lots. The property slopes generally from the southeast to the
northwest, with CR 111 running along the western side of the property. The
proposed smaller lot is located adjacent to the County road and has a small
pasture/hay field included in the proposed boundaries. The majority of the property is
an agricultural operation located on a bench above the smaller parcel, that is separated
by a short hillside of pinion/juniper vegetation. .
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B. Project Description: The parent tract of land to be subdivided consists of 85.75 acres,
and the proposal calls for creating two (2) parcels of approximately 2.01 and 83.74
acres. (See map pg. Le) The smaller parcel will use an existing domestic well and
utilize individual sewage disposal systems. The remaining portion of the original tract
is over 35 acres in size and qualifies for additional exempt domestic wells under the
existing water laws. Any house built on the property would have to use an ISD
system. Access to all of the tracts will be provided from of CR 111
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations states that " 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 qualms for exemption, the parcel as it existed on January 1, 1973, must have been
larger than thirty five (35) acres in size at that time and not 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), preventingjoint use of
the proposed tracts and the division occurs along the public right-of-way, such parcels
thereby created may, in the discretion of the Board, not be considered to have been
created by exemption with regard tot he four (4) lot, parcel, interest or dwelling unit
limitation otherwise applicable. For the purposes of definition, all tract of land thirty five
(35) acres or greater in size, created after January 1, 1973, will count as parcels of land
created by exemption since January 1, 1973."
The parent parcel was a 735 ac. tract of land that was acquired by the applicant in
1968 and through a variety of subsequent land trades and purchases, the applicants
have 85.75 acres of land that qualifies for an additional exempt parcel.
B. Zoning: The proposal meets the criteria of a two (2) acre minimum lot size for any lot
as required by the A/R/RD zone district. It should be noted that the larger remaining
tract of land may be allowed to have an accessory dwelling, since it is over four (4)
acres in size. The smaller 2.01 ac. will not qualify for an accessory dwelling or guest
house, since it is less than three (3) acres in size.
C. Legal Access: Legal access will be directly off of CR 111 via existing driveways, with
no increase on traffic activity proposed.
D. Water : The applicants are proposing the use of an existing domestic well to meet the
needs of the smaller lot. The larger tract of land is over 35 acres and qualifies for an
exempt domestic well. The well for the smaller parcel was permitted as a late
registered well and assigned No. 117595 in 1981. This well is located on the
smaller parcel and will not be shared by any other lots. Prior to the approval of an
exemption plat, the applicant needs to have the well tested to demonstrate the
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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) The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria, nitrates and suspended solids.
Sewer: The smaller parcel has an existing ISDS that has served the house for a
number of years without any recorded problems. All of the soils on the property do
not have any indication of problems for ISDS.
F. State and Local Health Standards. No State or Local health standards are applicable
to the application, with the exception of Colorado Department of Health ISDS
regulations.
G. Drainage: The parcels to be created by exemption, in their natural state, are not
subject to any identified drainage or flooding problems, and no drainage easements
occur within the area of the parcels to be created.
H. Fire Protection: The Carbondale & Rural Fire Protection District has written a letter
stating that the district will be able to provide fire protection to the site with water
from the site and water pumped from other supplies by tanker truck. Prior to any
approval of an exemption plat, the applicant will have to pay $417 for the new lot
created to the fire district.
I. Easements. This and any required easements (drainage, access, utilities, etc.) will be
required to be shown on the exemption plat.
J. School Site Acquisition Fees The applicant will be required to pay the $200.00 site
acquisition fee for the newly created lot, prior to the approval of the exemption plat.
K. Natural Hazards. The SCS soils report also indicated that the soils are generally well
suited for home site development, except for the steeper areas which are stony slopes
with limited home site potential.
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L. The following standard conditions of approval should be included on the exemption
plat:
1. One (1) dog will be allowed for each new residential unit within a subdivision and
the dog shall be required to be confined within the owner's property boundaries.
The requirements shall be included in the protective covenants for the subdivision
with enforcement provisions allowing for the removal of a dog from the area as a
final remedy in worst cases;
2. No new open hearth solid -fuel fireplaces will be allowed anywhere within an
exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401,
et. sew., and the regulations promulgated thereunder, will be allowed in any
dwelling unit. All dwelling units will be allowed an unrestricted number of natural
gas burning stoves and appliances; and
3. All exterior lighting be the minimum amount necessary and that all exterior lighting
be directed inward, towards the interior of the subdivision, except that provisions
may be made to allow for safety lighting that goes beyond the property boundaries.
W. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
2. That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3 That for the above stated and other reasons, the proposed exemption is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
V. RECOMMENDATION
Staff recommends APPROVAL, with the following conditions of approval:
1. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions of
approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lot, access to a public right-of-way, and
any proposed easements for setbacks, drainage, irrigation, access or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners for
signature from the date of approval of the exemption, unless an extension of time is
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approved by the Board prior to the expiration of that time.
4. That the applicant shall submit $200.00 in School Site Acquisition Fees for the
creation of the new exemption parcel.
5. That the following plat notes shall appear on the Final Exemption Plat:
"Control of noxious weeds is the responsibility of the property owner."
"One (1) dog will be allowed for each new residential unit within a subdivision and the
dog shall be required to be confined within the owners property boundaries. The
requirement will be included in the protective covenants for the subdivision with
enforcement provisions allowing for the removal of a dog from the area as a final
remedy in worst cases."
"No new open hearth solid -fuel fireplaces will be allowed anywhere within an
exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et.
seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit.
All dwelling units will be allowed an unrestricted number of natural gas burning
stoves and appliances."
"All exterior lighting be the minimum amount necessary and that all exterior lighting
be directed inward, towards the interior of the subdivision, except that provisions may
be made to allow for safety lighting that goes beyond the property boundaries."
"Colorado is a "Right -to -Farm' State pursuant to CRS 35-3-101, et seq.
Landowners, resident and visitors must be prepared to accept the activities, sights,
sounds and smells of Garfield County's agricultural operations as a normal and
necessary aspect of living in a County with a strong rural character and a healthy
ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust,
smoke, chemicals, machinery on public roads, livestock on public roads, storage
and disposal of manure, and the application by spraying or otherwise of chemical
fertilizers, soil amendments, herbicide and pesticides, any on or more of which may
naturally occur as a part of a legal and non -negligent agricultural operation."
6. Prior to signing the exemption plat the applicant will pay Carbondale and Rural Fire
Protection District the applicable impact fee.
7. Prior to the approval of an exemption, _plat, thea lic nt tet th existin well
demonstrating the following: — Wit-fGec 0.4G4 -11f ��
1) That a four (4) hour pump test be performed on the well to be used;
A well completion report a - onstrating the s e s . of the wel , the
haracteristi of the aquif:r and the . tic water level;
3) The results of the : - hour pump t .4 ating the pu g rate in
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gallon- . - nute and information showing dra. a own and recharge;
4) A ritten opimo . f the perso nducting the well to hat this well should
e .. equate to supp ater to the n ber of proposed lot ;
5) . umption of an ave e or no less 3.5 people per d ': 'ng unit,
using 1 0 gallons of water per person, per day;
6) The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria, nitrates and suspended solids.
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RECEIVED SEP 1 1 2000
BEFORE THE BOARD OF COUNTY COMMISSIONER OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision
Regulations of Garfield County, Colorado, adopted April 23, 1984, the
undersigned Four Bar Ranch Company, Ltd. respectfully petitions the Board of County
Commissioners of Garfield County, Colorado, to exempt by Resolution the division of
approximately 77 acre tract of land into two tracts of
approximately 2 acres and 75 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:
See attached narrative
SUBMITTAL REQUIREMENTS:
An application which satisfied the review criteria must be submitted with all the following
information:
A. Sketch map at a minimum scale of 1 "=200' showing the legal description of the
property, dimension and area of all lots or separate interests to be created, access to
a public right-of-way, and any proposed easements for drainage, irrigation, access or
utilities; and
B. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic and
geographic relation of the proposed exemption to the surrounding area within two (2)
miles, for which a copy of U. S.G.S. quadrangle map may be used; and
C. Copy of the deed showing ownership by the applicant, or a letter from the property
owner(s) if other than the applicant; and
D. Names and addresses of owners of record of land immediately adjoining and within
200 feet of the proposed exemption, mineral owners and lessees of minerals owners
of record of the property to be exempted, and tenants of any structure proposed for
conversion; and
E. Evidence of the soil types and characteristics of each type; and
F. Proof of legal and adequate source of domestic water for each lot created, method of
sewage disposal, and letter of approval of fire protection plan from appropriate fire
district; and
G. If connection to a community or municipal water or sewer system is proposed, a letter
from the governing body stating a willingness to serve; and
H. Narrative explaining why exemption is being requested; and
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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.
Four Bar Ranch Company, Ltd.
Petitioner I -1
By: 1 _1L 1 u-k1l
P.O. Box 686
Mailing Address
Carbondale,
CO 81623
City State
963-2888
Telephone Number
EXEMPTION
APPLICABILITY
The Board of County Commissioners has the discretionary power to exempt a division of land from
the definition of subdivision and thereby from the procedure in these Regulations, provided the Board
determines that such exemption will not impair or defeat the stated purpose of the Subdivision
Regulations nor be detrimental to the general public welfare. The Board shall make exemption
decisions in accordance with the requirements of these regulations. Following a review of the
individual facts of each application in light of the requirements of these Regulations, the Board may
approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at
a minimum, all of the review criteria listed below. Compliance with the review criteria, however,
does not ensure exemption. The Board also may consider additional factors listed in Section 8:60
of the Subdivision Regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created
from any parcel, as that parcel was described in the records of the Garfield County Clerk
and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as
it existed on January 1, 1973, must have been 35 acres or greater in size at that time and
not a part of a recorded subdivision; however, any parcel to be divided by exemption that
is split by a public right-of-way (State or Federal highway, County road or railroad),
preventing joint use of the proposed tracts, and the division occurs along the public right-of-
way, such parcels thereby created may, at the discretion of the Board, not be considered to
have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling
unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres
or greater in size, created after January 1, 1973 will count as parcels of land created by
exemption since January 1, 1973.
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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
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 approved well 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
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I. Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained; and
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.
C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to
owners of record of land immediately adjoining and within 200 feet of the proposed
exemption, to mineral owners and lessees of mineral owners of record of the land proposed
for exemption, and to tenants of any structure proposed for conversion. The exemption site
shall be posted clearly and conspicuously visible from a public right-of-way with notice signs
provided by the Planning 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.
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E. Soil information attached.
F. Proof of legal and adequate source of domestic water:
(1) See Ruling of Referee dated December 26, 1981, entered in Application No.
81 CW 106, District Court in and for Water Division No. 5, State of Colorado.
(2) Method of sewage disposal is septic tank with leach field installed in
compliance with County Regulations.
(3)
See copy of letter of approval from Carbondale Rural Fire Protection District
G. Not applicable.
H. Applicant requests the exemption from subdivision of a 2 acre parcel to be created
from applicant's property located approximately 2 miles southeasterly of the Town
of Carbondale and known as 0928 County Road 111 and described in Deeds as
hereinafter provided. The parent parcel was acquired by William Turnbull, as
nominee for the applicant, on June 25, 1968 by Deed recorded in Book 395 at Page
152. Approximately 735 acres of the parent parcel were conveyed to John G.
Powers on June 8, 1969 by Deed recorded in Book 402 at Page 425. In connection
with a multiple property section 1031 exchange, a portion of the parent parcel and a
portion of other adjoining property not part of the parent parcel were subsequently
conveyed to David K. Danciger ("Danciger") on June 2, 1980 by Deed recorded in
Book 550 at page 138. As a part of such exchange, Danciger conveyed the parent
parcel and other property to Thomas R. Turnbull and Rosamond Turnbull by Deed
recorded June 13, 1981 in Book 550 at Page 142, as corrected by Deed recorded
May 22, 1981 in Book 572 at Page 598. Thomas R. Turnbull and Rosamond
Turnbull conveyed the parent parcel to the applicant by Deed recorded May 26, 1981,
as corrected by Deed recorded January 15, 1993 in Book 852 at Page 449. The
remaining parent parcel contains more than 35 acres and is not part of a recorded
subdivision. A personal residence owned by the applicant is situate upon the
proposed 2 acre parcel to be created and is located adjacent to County Road 111. The
applicant's remaining property subject to this application contains approximately 75
acres. In addition to the above referenced information, the applicant submits the
following in further support of this Petition:
1. All Garfield County zoning requirements will be met with respect to the 2
acre parcel.
2. The two lots to be created will have legal access to a public right-of-way.
3. The 2 acre parcel has an adequate legal and physical source of water as above
provided.
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4. The 2 acre parcel is served by an existing septic system installed pursuant to
County Regulations.
5. All state and local environmental health and safety requirements have been
met.
6. No road or storm drainage improvements are required.
7. Fire protection has been approved by the Carbondale Rural Fire Protection
District as above provided.
8. All necessary drainage, irrigation and utility easements are in existence.
9. School fees, taxes and special assessments have been paid or are paid
concurrently with this application.
A copy of the Deeds referred to in the above narrative are attached hereto in
chronological order.
Favorable consideration of this Petition for Exemption is respectfully requested.
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ATTACHMENT WITH SUPPLEMENTAL INFORMATION
IN SUPPORT OF FOUR BAR RANCH COMPANY, LTD.
PETITION FOR EXEMPTION
The following information is submitted in the order requested in support of this Petition for
Exemption:
A. A preliminary sketch map is attached. A surveyed plat prepared by Schmueser
Gordon Meyer is being prepared and will be completed prior to hearing on this
matter.
B. Vicinity map is attached.
C. Copy of applicant's Deed recorded in Book 852 at Page 449.
D. Names and addresses of owners of record of land immediately adjoining and within
200 feet of the proposed exemption, mineral owners and lessees of mineral owners
of record of the property to be exempted, and tenants of any structure proposed for
conversion are as follows:
Owners of record of adjoining land:
David and Connie Hicks
1051 County Road 111
Carbondale, CO 81623
Carbondale Corporation
1873 S. Bellaire Street, Suite 1700
Denver, CO 80222-4360
Emma Danciger
c/o Weaver & Tidwell
12221 Merit Drive
Dallas, TX 75251
John and Linda Cerise
P.O.Box712
Carbondale, CO 81623
Thomas R. Turnbull
P.O. Box 686
Carbondale, CO 81623
Tenants: None
13'
ENWOOD SPRINGS 15 MI.
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IRBONDAILE 1.9 MI. 311 (CARBONDALE). 312
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17'111 t/F,FD. Mooed*. 12th day ntJanuary • "93
between THOMAS R. TURNBULL and ROSAMONtD TURNBULL
WI* 'Cow, of Garfield
Cilloradn. gramortvl. and
WITNESSETH, That Re gtwitinsi. Mr and la alRedrwicw ot die Mol of
and Mae d
POUR DAR RANCH CMIPANY, LTD., a limited partnership
vAtve le sl address h P.O. Box 686
Carbondale, CO 81523
d die Cd.rey'nf Garfield
85g rat
JAN
1)11
GARF1EL0
SUMP Doc. FSO
$ LAA,47.
and Stag of Colorado. gnrneetst
---Ten Dollars and other valuable consideration---DOLLA
RS
Ile ►veep, and sufficiency of w'Mc1 h hereby acianwireffec ha v. removed. Meowed. sold and QUTT CLAIMED. Md by
*sr pr dn tem*. Rimer sen and Qil _(1.AIM,*ifhesintersi their Ietn.Imown red aralsa.
*trews all the data. *ie. lanesesl, china and demand Mitch the growers) ha ve le mil M Are teal Newry. Insofar wow
improverrients. tf any. Manse, lying mid bring ei the County of Garfield and !IMI at
Colorado. delimited w follows:
See Exhibit "A" attached hereto and incorporated herein by
this reference.
CORRECTION DEED: This Deed is given to correct the omission of
Exhibit "A-1" and "A-2" from the certain Deed dated April 22. 1981
and recorded May 26, 1981 as Reception No. 315119 in Book 572 at
Page 616 of the records of the Clerk and Recorder of Garfield
County. Colorado NO DOCUMENTARY FEE REQUIRED.
ftPrOoryynr5trerfrirriry
TO HAVE AND TO IIOID the same. infester with all and singular the appurtenances and privileges *Lemma, beloagiag or h
a"yw'ese de eevnk, appertaining. and all the este. nide. title. interest and claim whatsoever. of the frontons), , either is Law or wiry. to
the only rnyser me. benefit and When( or dee grosso s►, and its ANON assirtns forever.
tN WITNESS WHEJtTOF. The granuxisl ha rimmed this deed on the dale set forth above.
r Thomas . rurnbull Rosamond Turnbull
ii
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STATE OF COLORADO.
County of Garfield
'The forefoot/ inseunsrc i was tnowledged before me this 12th
by Thomas R. Ttrntull and Rosamond Turnbull
My cammi.su,a czp;les September 13
•
Ic; ,oma 0
If la Denver imeitf x.•' !,
rti4i V •T;t�t
1.44) .. . 913. R.1.9QUTT 1. Qe1..IM rwrn
}I1.'
day, ot January
. 1994 . Witaeu my fwd and official seal.
,1993,
Barbra C. Relln-r
i
Noom
eaa NNW a
damn Comm ►r.b"wl o..iwiw 4 111143•44.S. ti.ii
-(G"
,roar Vtai.ni Dela from Thome R.
Turnbull and Rosamond Turnbull
to Ebur Bar Ranch Company, Ltd.
THOSE tracts of land described in deed•recorded as Reception No.
226585 in Rook 360 at Pages 56-59 of the Garfield County Records,
as corrected by deed recorded as Reception No. 303709 in Book 54•
at Pages 214-215 of said tecords.
AND
Those parcels of land described on Exhibit "A-1" attached hereto.
ENC)'FTIMG THEREFROM) that parcel of land described on Exhibit "A-2"
attw:;iied hereto.
` ETHER WITH any and all water rights and ditch and ditch rights
el.purtehant to the above described real property.
AND INCLUDING that real property described in deed recorded as
Reception No. 241153 in Book 395 at pages 152-153 of the Garfield
County records and in Book 235 at pages 178-179 of the Pittrit,
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" """"-443123SirogiirG
�r-- QUIT CLAIM DEED.:
1111:'1 Df7:D. M nn. 12th e.y of January . X13
hro ren THOMAS R. TURAeULL and ROSA:ROM TURNBULL
of Oe 'CooltY of Car f ie Id mod Mat
Onio adn. erinoor sl. and
FOUR BAR RANCH CO:4PAHY, LTD., a limited partnership
8314
JAN 1 GARFIEID 991 '
Mats DOC. Fie
wMrMe leaal address to p. o. 8nx 686
Carbondale, CO 81623
Of Om C ^f Garfield mei hate ei Cabrado. Erameefst
i , WITNESSETH. Th* the grarmost for end le aa►.drwion of the one of
i! ---Ten Dollars and other valuable ��
ns eration---
MUMS
I j Ate % and onfl iency of winch is hereby act M
termed. r,* ed. snld and WIT CLAIMED. sad by
i' florae I11re nt% do temese. minim sell end Qt) CLAM smo the pr.mref,l, their he"s, reccesaeos std aa411.
N fo rem. ail ere stew, tn1e. Weevil. (Taus and dimmed tilrfch the Rrahrrtst h. ve Is 'owl m the real property. lop.drt 1116
, Irlarovemrms. if sen. sweat. lying sad Wisp in Me Coeasy d Garfield W Sem of
Cnhwsdn. de.cteted a. tonnes:
See Exhibit "A" attached hereto and incorporated herein by
this reference.
.1 CORRECTION DEED: This Deed is given to correct the omission of
Exhibit "A-1" and "A-2" from the certain Deed dated April 22, 1981
and recorded May 26, 1981 as Reception No. 315119 in Book 572 at
Page 616 of the records of the Clerk and Recorder of Garfield
County, Colorado NO DOCUMENTARY FEE REQUIRED.
iW' M 1W/,fi" tri
1) HAVE AND TO HOLD the same. ">lether with all and Mogul,/ the .ppornenances and privikpes thereinto belonging or le
.ay hue themonso ointment**. and all the estae, mita. title. interest and claim what/ono. of the pt n')t eider is law or entity, to
the cooly moon rare. !wont and behoof of the pranseesl. and it s jr/i/l/srfyf moms forever.
IN WITNESS WHERDOF. The gnomons) he comma ird this deed on the date set fortis above.
z
7 GLtw••� Y
Thomas . Turnbull Rosamond Turnbull
STATE OF COIARAIX).
County of Garfield
The foremen Metronome was a:knowiedged before me this 12th
by Thomas R. Ttrn►•u11 and Rosamond Turnbull
}is_
d, ar January
My commi,uun capues September 13 1994 , Witness my had and official seal.
_c=`O 0 d1:3 c r
Mf in Denier. insetsi f}st R••'
,.hy,�/ t; ,
'..:".•
1:1„,,,
X1.'.1 NI•. ''
Nes 911. R... Lel. (ATI t1AIM nrro
,1993.
Barbra C. Ka1) 'r
rir sr nares sties c7r.e eine enure ter oonrrss a f►ys-roti CL1$
•
tV1 Wit2 no 450
ER82BIT "A" •
Omit Claim Deed from Thomas R.
Turnbull and Rosamond Turnbull
to Four Bar Ranch Company, Ltd.
ThoSE tracts of land described in deed•recorded as Reception No.
226588 in gook 360 at Pages 56-59 of the Garfield County Records,
as corrected by dted recorded as Reception No. 303709 in Book 548
at Pages 214-215 of said tecords.
AND
Those parcels of land described on Exhibit "A-1" attached hereto.
ENCP'FTING THEREFROM that parcel of land described un Exhibit "A-2"
atta.:hed hereto.
TOGETHER WITH
ht'eurtenant to
AND INCLUDING
Reception No.
County records
County tecords
described in d
at pages 124-4
and expressly
on Exhibit "B"
reference.
any and all water rights and ditch and ditch rights
the above described real property.
that real property described in deed recorded as
241183 in Book 395 at pages 152-153 of the Garfield
and in Book 235 at pages 178-179 of the Pitkin
• excepting therefrom that portion of said property
eed recorded as Reception No. 243656 in Book 402
27 of the Garfield County Records, and excepting
reserving to first party that real property described
attacht.d hereto and incorporated herein by this
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 Water District No. 38, and all other water and water
rights and ditch and diIch rights appurtenant to the property
conveyed hereby= provided, however, that first party expresly
reserves those water rights described on Exhibit "B" attached.
AND SUBJECT TO an easement and right of way for purposes of ingress
and egress being twenty (20) feet in width situate along and ten
(1(() 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 SWk of Section 11, Township 8 South, Renge 88 West of the
6th F.M. over and across the above described property to the resitenc•
currently located on that tract of land described on Exhibit "C"
attached bureto.
AND TOGETHER with all of first parties' mineral rights appurtenant to the above
described property.
•
•
•
ir:�� :. r ..ins _.... .a.. _. .. .. .. ,.:.. ...✓�. !.. r. _ :y .t. :'wu!c..�:. sr :".n. sl.rr..�•___ S^�'r•.J �.:�
EXHIBIT "A -I"
CERISE TO TURN9ULL
.1 small parcel of land situated in tot 7, Section •1, Town-
ship 8 South, Range 18 West of tho 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 (whence an iron post and brass cap properly
marked and found in place for the witness earner to said
Scuthwest corner bears S. 00.08'29' E. 27.11 feet), thence
N. 00.15'48" W. along the the west lino of said Section 11
1830.04 feet to the Northwest corner of said Lot 7, the True
Point of Beginning: thence $.•!7'02'16' R. along the North
line of said ?vitt 7 81.4)•feet to a fence as constructed and
in planet thence leaving said North line S. 89.33'43" W. along
said fence line 81.30 feet to the Nest lino of said Lot 7: thence
leaving said fence line N. 00.13'48" N. along said Nest lint
4.31 feet to the True Point of Aeginningt containing 0.0040
acres, more or less.
A small parcel of land situated in Lo
t 7Town-
ship 8 South, Range 81 hest of the Sixth�Principal Section lMeridian,
Garfield County, Colorado, more particularly described as
follows:
Commencing at • rebar and cap at the Southwest corner of said
Section 11 (whence an iron post and brass cap properly marked
and found in place for the witness corner to said Southwest
corner Dears 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
East line of said Lot 7 14.73 foot to a point on the extended
line of a fence as constructed and in place: then.!e leaving
said East line N. 19.33'36' N. along said fence line 416.99
foot: thence N. 68.10.39" W. along said fence line 99.29
feet; thence N. 71.13'48" N. along said fence line 3.55 feet
to a point on the North line of said Lot 7l thence leaving
said fence line S. 87.02'16" E. along said North line 511.11
foot to the True Point of Beginnings containing 0.2650
acres, more or loss.
Excepting from above the right-of-way of Prince Creek County
Road.
, r
EXHIBIT "A-2" '
TURNli(1LL TO CERISE
A small parcel of land situated in Lot 6, Section 11, Town-
ship 8 south. Range 88 Hest 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 (whence an iron
and found in place for the Witnesnt sdcorner top said Southwestroperly
corner sears S. 00.08'29" S. 27.18 feet), thence N. 02.15'33' E.
1847.25 feet to the South line of said Lot 6 at a point of
intersection with a fence as•cpnstructed and in place, the
True Point of Beginning: thence leaving said South line N.
89.55.43" E. along said fence line 905.50 feet: thence
S. 71.13'48" E. along said fence line 175.92 feet to • point
on said South line: thence leaving said fence line N. 17.02'
1G" W. along said South line 1073.50 feet to the True Point
of Beginning; containing 0.3903. acres, more or less,
�u-
11,••••••••••
• SHEET NO. 21
SOIL SURVEY OF ASPEN -GYPSUM AREA, COLORADO,
PARTS OF EAGLE, GARFIELD, AND PITKIN COUNTIES
(LEON QUADRANGLE)
.41i4k
11'
)y
All
If
of
ly
re
sh.
is
ick
ice
re
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is
s
is
IS
•
Aspen -Gypsum Area, Colorado
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 for homesite
development.
If this unit is used for irrigated crops, the main
limitation is the slope. If properly managed, the unit can
produce 3.5 tons of irrigated grass hay per acre
annually.
The potential plant community on this unit is mainly
western wheatgrass, needleandthread, prairie
junegrass, mountain big sagebrush, and Douglas
rabbitbrush. Other plants that characterize this site are
muttongrass, Letterman needlegrass, common
snowberry, Utah serviceberry, and antelope bitterbrush.
The average annual production of air-dry vegetation is
about 1,500 pounds per acre. If the range condition
deteriorates, mountain big sagebrush, Kentucky
bluegrass, Douglas rabbitbrush, and annual weeds
increase in abundance.
If this unit is used for homesite development, the
main limitation is the slope.
This map unit is in capability subclass Vle, irrigated
and nonirrigated. It is in the Deep Loam range site.
37—Etoe loam, 15 to 50 percent slopes. This deep,
well drained soil is on mountainsides. It formed in
alluvium and colluvium derived dominantly from
sandstone. Elevation is 7,700 to 8,500 feet. The
average annual precipitation is 18 to 20 inches, the
average annual air temperature is 38 to 40 degrees F,
and the average frost -free period is 70 to 80 days.
Typically, the surface layer is pinkish gray loam
about 8 inches thick. The subsurface layer is light
brownish gray extremely cobbly sandy loam about 16
inches thick. The next layer is extremely cobbly sandy
loam and extremely cobbly sandy clay loam about 11
inches thick. The subsoil is extremely stony sandy clay
loam about 25 inches thick.
Included in this unit are small areas of Cochetopa
and Ansel soils. Included areas make up about 15
percent of the total acreage.
Permeability is moderate in the Etoe soil. Available
water capacity is low. The effective rooting depth is
more than 60 inches. Runoff is medium, and the hazard
of water erosion is moderate or severe on the steeper
slopes.
This unit is used for timber, limited grazing, or wildlife
habitat. It is suited to the production of Douglas fir.
Based on a site index of 72, the potential production per
acre of merchantable timber is 5,800 cubic feet, or
24,000 board feet (International rule, 1/8 -inch kerf) from
an even -aged, fully stocked stand of trees 100 years
old. Generally, only foot slopes and ridges are
37
accessible. The slope limits harvesting in other areas.
The potential plant community on this unit is mainly
Douglas fir with an understory of nodding brome,
boxleaf myrtle, common juniper, mountain snowberry,
and Saskatoon serviceberry. The potential production of
the native understory vegetation in normal years is
about 250 pounds of air-dry vegetation per acre.
The production of vegetation suitable for livestock
grazing is limited by the overstory canopy. The slope
limits access by livestock. The limited accessibility
results in overgrazing of the Tess sloping areas.
If this unit is used for homesite development, the
main limitations are large stones and the slope.
This map unit is in capability subclass Vile,
nonirrigated. It is in the Douglas Fir woodland site.
38—Evanston loam, 1 to 6 percent slopes. This
deep, well drained soil is on alluvial fans, terraces, and
valley sides. It formed in alluvium derived dominantly
from material of mixed mineralogy. Elevation is 6,500 to
8,000 feet. The average annual precipitation is 13 to 15
inches, the average annual air temperature is 42 to 46
degrees F, and the average frost -free period is 80 to 90
days.
Typically, the surface layer is brown loam about 14
inches thick. The subsoil is clay loam about 17 inches
thick. The substratum to a depth of 60 inches or more is
loam.
Included in this unit are small areas of Tridell,
Uracca, and Forelle soils. Also included are small areas
of soils that are similar to the Evanston soil but have
more stones. Included areas make up about 15 percent
of the total acreage.
Permeability is moderate in the Evanston soil.
Available water capacity is high. The effective rooting
depth is 60 inches or more. Runoff is slow, and the
hazard of water erosion is slight.
This unit is used mainly as rangeland. It also is used
for pasture, crops, or wildlife habitat. A few areas also
are used for homesite development.
The potential plant community on this unit is mainly
bluebunch wheatgrass, western wheatgrass,
muttongrass, Douglas rabbitbrush, and mountain big
sagebrush. Utah serviceberry, mountain snowberry,
prairie junegrass, and Ross sedge commonly are also
included. The average annual production of air-dry
vegetation is about 1,500 pounds per acre. If the range
condition deteriorates, mountain big sagebrush,
Douglas rabbitbrush, cheatgrass, and annual weeds
increase in abundance.
Suitable management practices include proper
grazing use and a planned grazing system. Brush
management improves deteriorated areas of range that
are producing more woody shrubs than were present in
38
•
the potential plant community. This soil responds well to
applications of fertilizer, to range seeding, and to proper
grazing use. If the quality of range vegetation has
seriously deteriorated, seeding is needed.
This unit is well suited to hay and pasture. It has few
limitations. A seedbed should be prepared on the
contour or across the slope where practical.
Applications of nitrogen and phosphorus fertilizer
improve growth of forage plants. If properly managed,
the unit can produce 5 tons of irrigated grass hay per
acre annually.
This unit is well suited to irrigated crops. If properly
managed, it can produce 90 bushels of barley per acre
annually.
This unit is suited to homesite development. The
main limitation is the shrink -swell potential. The effects
of shrinking and swelling can be minimized by
prewetting foundation areas. Population growth has
resulted in increased construction of homes in areas of
this unit.
This map unit is in capability subclass IVe, irrigated
and nonirrigated. It is in the Deep Loam range site.
39—Evanston loam, 6 to 25 percent slopes. This
deep, well drained soil is on alluvial fans, terraces, and
valley sides. It formed in mixed alluvium. Elevation is
6,500 to 8,000 feet. The average annual precipitation is
13 to 15 inches, the average annual air temperature is
42 to 46 degrees F, and the average frost -free period is
80 to 90 days.
Typically, the surface layer is brown loam about 14
inches thick. The subsoil is clay loam about 17 inches
thick. The substratum to a depth of 60 inches or more is
loam.
Included in this unit are small areas of Tridell and
Uracca soils. Also included are small areas of soils that
are similar to the Evanston soil but have more stones.
Included areas make up about 15 percent of the total
acreage.
Permeability is moderate in the Evanston 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 mainly as rangeland. It also is used
as wildlife habitat. A few areas are used for homesite
development.
The potential plant community on this unit is mainly
bluebunch wheatgrass, western wheatgrass,
muttongrass, Douglas rabbitbrush, and mountain big
sagebrush. Utah serviceberry, mountain snowberry,
prairie junegrass, and Ross sedge commonly are also
included. The average annual production of air-dry
vegetation is about 1,500 pounds per acre. If the range
condition deteriorates, mountain big sagebrush,
(9,
•
Soil Su
Douglas rabbitbrush, cheatgrass, and annual wee
increase in abundance.
Suitable management practices include proper
use, deferred grazing, rotation grazing, aerial spra
and a planned grazing system. The suitability of tt-
for range seeding is poor. The main limitation is th
slope. The slope limits access by livestock. The lir
accessibility results in overgrazing of the less slop
areas.
This unit is suited to homesite development. Th:
main limitations are the slope and the hazard of
erosion. Preserving the existing plant cover during
construction helps to control erosion. Topsoil can t
stockpiled and used to reclaim areas disturbed dur
construction. Erosion is a hazard in the steeper arE:
Only the part of the site that is used for constructic
should be disturbed. Areas adjacent to hillsides ar€
occasionally affected by runoff, which may be
accompanied by the movement of rock debris.
This map unit is in capability subclass Vle,
nonirrigated. It is in the Deep Loam range site.
40—Evanston loam, 25 to 45 percent slopes. 1
deep, well drained soil is on alluvial fans, terraces.
valley sides. It formed in mixed alluvium. Elevation
6,500 to 8,000 feet. The average annual precipitatic
13 to 15 inches, the average annual air temperature
42 to 46 degrees F, and the average frost -free perm
80 to 90 days.
Typically, the surface layer is brown loam about
inches thick. The subsoil is clay loam about 13 inch
thick. The substratum to a depth of 60 inches or mc
loam.
Included in this unit are small areas of Tridell soil
Also included are areas of Evanston soils that have
slopes of less than 25 percent. Included areas mak€
about 15 percent of the total acreage.
Permeability is moderate in this Evanston soil.
Available water capacity is high. The effective rootin
depth is 60 inches or more. Runoff is rapid, and the
hazard of water erosion is moderate or severe on th
steeper slopes.
This unit is used mainly as rangeland. It also is u:
as wildlife habitat.
The potential plant community on this unit is main
bluebunch wheatgrass, western wheatgrass,
muttongrass, Douglas rabbitbrush, and mountain big
sagebrush. Utah serviceberry, mountain snowberry,
prairie junegrass, and Ross sedge commonly are als
included. The average annual production of air-dry
vegetation is about 1,500 pounds per acre. If the ran
condition deteriorates, mountain big sagebrush,
Douglas rabbitbrush, cheatgrass, and annual weeds
increase in abundance.
FROM : FOUR EAR RANCH
PHONE NO. : 303+963 2888 _2p. 06 2000 02:13PM P01
• •
IN THE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. 81CW106
IN THE MATTER OF THE APPLICATION )
FOR WATER RIGHTS OF THOMAS R.
TIJRNI3ULL AND ROSAMOND TURNI3ULL
IN THE CRYSTAL RIVER
IN GARFIELD COUNTY
FILED IN DISTRICT COURT
WATER DIVISION 5, COLORADO
OCT 2G 1981
MARIE TAI.AMAS, CLERK
RULING OF REFEREE
The above entitled application was filed on Arpi1 30, 1981,
and was referred to the undersigned as Water Referee for Water.
Division No. 5, State of Colorado, by the Water Judge of said Court
on the 14th day of May, 1981, in accordance with Article 92 of
Chapter 37, Colorado Revised Statutes 1973, known as The Water Xight
Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations as
are necessary to determine whether or not the statements in the
application are true and having] become fully advised with respect
to the subject. matter of the application does hereby make the
following determination and ruling as the Referee in this matter,
to -wit:
1. The stacments in the application are true.
2. The name of the structure is Four Dar Well.
3. The names of tho claimants and address: Thomas R.
Turnbull and Rosamond Turnbull; P. O. Box 686; Carbondale, Colorado.
4. The source of the water it a well having a depth of
185 feet, and being tributary to the Crystal River.
5. The well is located in the NE4S10; of Section 11, T. 8 S.,
R. 88 W. of the 6th P.M. at a point 1,590 feet North of. the South
line and 1,875 feet East of the West line of said Section 11.
6. The use of the water is domestic.
7. The date of initiation of appropriation is February 9, 1966.
8. The amount of water claimed is 0.033 cubic foot of water
per second of time, absolute.
9. The well was completed and the water first applied to
beneficial use on February 9, 1966.
-1-
FROM FUDR OHR RANCH
•M
i
B1CW1O6
RHONE N0. : 2888 Sep. 06 2000 02:13FM FJ2
10. The well was bete registered and was assigned No. 117595
by the Office of the State Engineer. on March 21, 1981.
The Referee does therefore conclude that the above entitled
application should be granted and that 0.033 cubic foot of water
per second of time is hereby awarded to Four Bar Well for domestic
use, with appropriation date of the 9th day of February, 1966,
absolutely and unconditionally.
The above described underground water right meets the
criteria for an exempt domestic well pursuant to C.R.S. 1973,
37-92-602(1)(e), so long as it is used for the purposes sot forth
herein, and by statute_
It is accordi_nlgy ORDERED that this ruling shall be filed
with the Water Clark and shall become effective upon suc filing,
;subject to ,judicial review pursuant to Section 37-92-304 C.R.S. 1973.
It is further ORDERS:!) that a copy of this ruling shall be filed
with the appropriate Division Engineer and the State Engineer.
Done aL Lhe City of Glenwood Springs, Colorado, this
4: 0 day of talrit64a`/+C.
, 1981.
BY THE REFEREE:
r Referee
tater Division No. 5
State of Colorado
— oL 3
•
September 8, 2000
0
to
ocAOi0
FIRE • EMS • RESCUE
Mark Bean
Garfield County Planning Department
109 8th Street
Glenwood Springs, CO 81601
RE: Turnbull Subdivision Exemption, 0928 County Road 111
Dear Mark:
I would like to offer the following comments regarding the proposed Turnbull sub -division
exemption application. It is my understanding that Turnbulls intend to create a new 2 -acre parcel
on their property that includes the existing residence.
The current access to the property off County Road 111 is adequate for emergency vehicles.
Water supplies for fire protection would be supplied with water carried on responding fire apparatus.
Additional water would be supplied by tanker shuttle.
The new lot created in by the proposed subdivision is subject to impact fees adopted by the
District. The developer will be required to enter into an agreement with the District for the
payment of development impact fees. This payment is due prior to the recording of the final plat.
Fees are based upon the per lot impact fee adopted by the District at the time the agreement is
executed. The current impact fee is $417 per lot.
Please contact me if you have any questions.
Bill Gavette
Deputy Chief
Carbondale & Rural Fire Protection District
300 Meadowood Drive • Carbondale, CO 81623 • 970/963-2491 Fax 963-0569
Book 395 Recorded at 9;32-A.M. June 25, 1968
Page 152• Reception No. DEED Chas.S.Keegan,
241183 Recorder.
THIS DEED executed this tenth day of June, 1968, by
BIG FOUR RANCH, INC., a Colorado corporation with an address at
i
Carbondale, Co}.orado (here4.4 called the "Company") . flfavor of
WILLIAM TURNBULL with an address. at Far'Hills, New Jersey (herein
called "Turnbull");
IN CONSIDERATION of Ten Dollars and other good and
valuable consideration paid by Turnbull to the Company, the receipt
whereof is hereby acknowledged, the Company does hereby grant, bar-
gain, sell, assign and convey to Turnbull the following described
real property situated in the Counties of Garfield and Pitkin and
State of Colorado:
T. 8 S.. R. 88 W., 6th P.M.
STATE DOCUMENTARY FEE
JUN 25 1863
Section 2:
Section 11:
Sections 2
and 11:
SE1SE 4
Lots 4, 5, 10, 11 and 12,
N 2SE4, S ZNE.14, NEkNE1
All that part of Lots 12 and 20
Section 2 and Lots 1 and 3, and
the NEkNW1 and NW4NE1 of Section 11,
more particularly described as follows:
Beginning at a point on the south line
of said Lot 3 whenc the southeast corner
of said Lot 3 bears east 17.0 feet;
thence north 14°02'1 west 215.13 feet;
thence north 9°27' west 602.0 feet;
thence north 33°29' west 291.9 feet;
thence north 81°43' east 479.8 feet;
thence north 88°40' east 342.7 feet;
thence south 7.0 feet; thence south
87°14' east 1134.8 feet; thence north
0°29' east 520.9 feet; thence north
85°55' east 473.9 feet; thence north
6°16' east 131.2 feet; thence north
34°03' west 150.6 feet; thence north
18°12' east 221.7 feet; thence north
38°43' east116.8 feet; thence north
14°03' east 323.8 feet; thence north
6°58' east 593.8 f et; thence north
14°58' west 221.0. cet; thence North 13°2
east 434.5 feet; t ence north 27°43'
west 178.3 feet; t ence north 7°02'
east 293.1 feet; thence north 88°10'
east 248.0 feet; hence south 3°14'
east 683.7 feet; hence north 46°24'
east 27.9 feet; t ence south along the
east line of said Lot 20 of Section 2
and NW14NE4 of Section 11 to the southast
. corner of said NWd NE4; thence west along
the south line of said NW4NE4 and of said
NE NWW1=4 to the nor heart corner of said
Lot 3, of Section 11; thence south along
the east line of aid Lot 3 to the south-
east corner of sa d Lot 3; and thence
west along the south line of said Lot 3
to the point of beginning.
•
Section 13:
Book 395 Page 153
Lots 2, 3, 4 and 5, W2NEy, NSW,
N zSW'k and NWkSE'
Lots 1, 2, 3, 4, 5, 6 and 7
and E 2NE3
Section 14: Lots 1 and 10 and that part of Lot 17
lying north of the center line of the
county road (also called the Prince
Creek Road)
Together with all water rights, ditch rights, storage rights
and shares in ditch, water or reservoir companies c hich.may be
appurtenant to said lands, including, but not limited to, all
interest in the Prince Creek Ditch and the 2.6 cube'feet of
water per second of time allowed to flow therein under Priority
No. 6; all interest in the Bennett Ditch and the 2.2'cubic feet
of water per second of time allowed to flow therein under Priority
No. 63; an undivided 15/21 interest in t he Mt.•Sopris Ditch an4.
an undivided 15/21 interest in the 6.5 cubic feet of water per `"
second of time allowed to flow therein under Priorities Nos. 130
and 183; an undivided 15/21 interest in the Lake Ann Reservoir
and an undivided 15/2.1 interest in the 9,231 720 cubic feet of
water adjudicated thereto under PriorityNo.i3; and 64 shares
of stock of the East Mesa Water Company;
Together with all livestock grazing privileges and preferences
on National Forest lands and on the public domain which are held
o, exercised in connection with the above property or for which
the above described property is the base property.
TO HAVE AND TO HOLD unto Turnbull and his heirs and
assigns forever.'
This deed is executed and delivered without warranties
of title express or implied but with full substitution and subro-
gation of Turnbull in and to all covenants and warranties by others
•
heretofore given or made in respect to the above described property
any part thereof.
IN WITNESS WHEREOF this deed is executed as of the
and year first above written.
• JV.....
._' �
•
r .
ATT ATS E
.Secretar
ST.._.. '0F•CGLO:A D0
ss.
COU.= OF GARFIELD
BIG FOUR RANCH, INC.
By c. .5
ll1 President
The foregoing instrument was acknowledged before me this
1pi:h,,6,4 of June, 1968 by STEPHEN B. STRANG, JR. as president and
lloiCt�° * TURNBULL as secretary of BIG FOUR RANCH, INC.
,.��...... .�•',
� '-� A•R41taass my hand and official seal.
Ir.
co`Q
. 1rt A.'4/My commission expires:
Notary Pub is
My Commissior( a Aires July 25, 1970
N
Mid or sword A. D. RI...—. .....
No.
Book 402
Page 4-25
RECORDER.
ebts oetb, Made this I 8th
one thousand nine hundred and aty-nine
WILLIAM TURNEUIZ
Garfield
of the County of
and
of the County of
JOHN G. POWERS
Pitkin
day of June
between
in the year of our Lord
and State of Colorado, of the first part,
, and State of Colorado, of the second part:
Witnesaeth, That the aaid part Y of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable considerations
x8)01.1inftS,
to the said part Y of the first part in hand paid by the said part y of the second part, the receipt
whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by
these presents do es grant, bargain, sell, convey and confirm unto the said part y of the second
part, his heirs and assigns forever, all the following described lot or parcel of land,
situate, lying and being in the County of Garfield
, and State of Colorado, to -wit:
STATE DOCUMENTARY HE
JUN 2U 1963
, ,
SEE DESCRIPTION ATTACHED HERETO.
WARRANTY DEED—Out West Printing Aral StAllonery Co.. Colorado Springs. Colo.
•
Together With all and singular the herodltamenta and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and
profits thereof ; and all the estate, right, title, interest, claim and demand whatsoever of the said port y
of the first part, either In law or equity, of, In and to the above bargained premises, with the boreditaments
and appurtenances.
To Have and to hold Tho Bald premises above bargained and described, with the appurtenances, unto
the said part y of the second part, his heirs and assign. forever, And the
said
part y of the first part, for himself and his' heirs, executors and administrators,
do ca covenant, grant, bargain and agree to and with the said part y of the second part, his
heirs and assigns, that at the time of the ensealing and delivery of those presents t to is well
seized of the premises above convoyed, as of good, sure, perfect, absolute and indefeasible estate of
inheritance, in law, in foe simple, and ha s good right, full power and lawful authority to grant, bargain,
sell and convey the same, in manner and form aforesaid, and that the same aro free and clear from all
former and other grants, bargains, sales, liens, taxes, assessments and Incumbruncea of whatever kind
or nature waver; except taxes for the current year, reservations of
minerals In previous conveyances, easements and rights of wny of a public or private
nature, restrictions or reservations of record and the lien of the Rent Estate
Mortgage to Connecticut Mutual Life Insurance Company recorded In Rook 359 at Page
433 of the Garfield County, Colorado records as modified and partially released L,
Rook 394 at Page 596, Rook 395 at Page 1 and Book 395 at Page 1 of the G rfleld County,
Colorado records, with n remaining principal balance of $1.37,5)0.00 which second
•
party assumes and agreee to pay,.
Book 4 02
Page 4 27
and the above bargained prernisea, in the quiet and peaceable possession of the aaid parl,
of the second part, his heirs and assigns, against all and
claiming or to claim the whole or any part thereof, the said part Y
Warrant Jprever Defend.
In Witness Whereof, The said part y of the first part ha s hereunto set his
and seal the day and year first, above written.
Signed, Sealed and Delivered in Presence of
every person or persona lawfully
of the first part shall and wiU
hand
41,•,—rstov 1
STATE OF c0L0R4p0,
Comity of GA RF 1E LD
acknowledged before me this 18th day of June
$ 69 be WILLIAM TURNBULL.
Witness my hand and official seal.
The foregoing instrument was
My commission expires
Ju ly
27 • 1969
Notary l'ublic.
acting la ofilcial or representative eapacity. Insert mune anti also office or capacity and tor Vim sating.
p_9
•
Book 402 Recorded at 9t35 A.M. June 20, 1969
Pae 424 Rdoeption No. 243656 Chad.SZoosonlliecordor.
DESCRIPTION AS ATTACHED TO WARRANTY DEED FROM WILLIAM TURNBULL TO JOHN G. POWERS
The fol/owing described real property situate, lying and being in the County of
Garfield, State of Colorado, and located in Sections 2, 11 and 12 of Township
8 South, Range 88 Wert of the Sixth P,$. to -wit:
• ;
„Iloginning at a point on the East line of Lot 5, Section 12, wheno(the,
*utheast Corner of raid 80ction 12;boars S. 77°03'11" E. 2,3/15.18.root;
thence N. 89°03'30" W. 2,577.91 feet; thence N. 87°23'23" W. 594.30
feet; thence N. 74P5'32" W. 516.75 feet; thence N. 43°14'25" W. 325.79
40,t; thence N. 67'15'34" W. 193.21 foot; thence N. 74°50'27" W. 446.19
1'46' l'aet; them' N. 08'35'29" W. 564.16 lest; thence N. 60°50'48" W. 424.60
feet; thence N. 7613 W. 228.85 base; thence N. 79°43'10" W. 321.71
feet.; thence N. 41'27'59" W. 638.95 feet; thence N. 49°29'55" W. 198.90
foot; thonco N. 63°47'02" W. 367.54 feet; thence S. 70'29'58" W. 352.40
foot; thence N. 89°50'30" W. 182.71 feet; thence N. 15°46'39" W. 274.37
Oist; thence N. /2747'05"X-, 178.38 feet; thence N. 14°02' W. 215013 feet;
thence N. 09°27' 1,4 602.00feet; thence N. 33°29' W. 291.90 feerOhence
14, 81°43' E. 479.80 feet; thence N. 88°40' E. 342.70 feet; thenere. 7 feet;
thence S. 87°14' E. 1134.80 foot; thence N. 00 E
°29' . 520.90 fee'-?7thence
N. 85°55' E. 473.90 feat; thence N. 06°16' E. 131.20 foot; thenca4. 34°03'•
W. 150.60 foot; thence N. 18°12' E. 221.70 foot; thence N. 38°43!. 116.80
feet; thence N. 14°03' E. 323.80 feet; thence N. 06°58' E. 593.8Cfeet; thence
N. 14°58' W. 221.00 feet; thence N. 13°21' E. 434.50 foot; thence N. 27'43' •-•
W. 178.30 foot; thence N. 07°02' E403.10 foot; thence N. 8810',:.E. 248.00
foot; thonco S. 02°03'18" E. 721.39 foot to the Southeast Corner of Lot 12,
Section 2; thence S. 89°16149" E. 1340.45 feet to the Northeast COrnor of,
tho SE1,SE1/4 Section 2; thence S. 0003138" W. 1314.83 foot to theloutheast
Corner of Section 2, said point being the corner cimmnon to Sect*, 1, 2,
U and 12; thence 8. 89'50114" E. along the North line of SectioW12
3,955.50 feet to the Northeast Corner of the NANEI; of Section '12;:thence
S. 00°37'04" E. 3,930.28 feet along the Ewit lino of tho WN1¼ 44 tho NWiSE1/4
Section 12 to the Southeast Corner of the riwkSa of said Section 12; thence
S. 89°57'13" W. 1,319.96 feet to the Southwest Corner of said NASEk of Section
12; thence S. 00°35'45" E. 717.90 feet along the Emit lino of Lot 2 of Section
12 to the Southeast Corner of said Lot 2; thence N. 89°57'14" E089.19 foot
along the North line of Lot 5 or Section 12 to the Northeast Corner of nnL4
Lot 5, thence S. 00°29'58" E. 83.35 feet to the point of beginning.
The foregoing metes and bounds description includes n11 of the SPASO. of geetion
2; the NFANIA, Cha S'OEIr and the NESE, of Section 11; the NW, the the
NO.SEk, the 14SW1c, and Lot 2 of Section 12; and those pnrts of Lute 12 and 20,
Section 2, the NWkNEk, NEVA., Lot 1, Lot 3, Lot 2, Lot 4, Lot 5, the NASEk.
Lit 11 and Lot 12, Section 11; and Lot 3, Lot 4 nod Lot 5, Section 12 lying
within said metes and bounds description.
The above described real property contains 735.3384 acres, more or less.
Together with ail water and watetrights and ditches and ditch rightn belonging
to and used in connection with the nbove described real property and particularly,
but without limitation un the foregoing, an undivided one-half interest In the
Prince Creek Ditch and the 2.6 cubic feet of water par second of time allowed to
flow therein under Priority No. 6; nnd nn undivided one-half interest in the Bennett
Ditch and the 2.2 cubic feet of water per second of time allowed to flow therein
under Priority No. 63; and an undivided one-I,aif interest in d l5/21st interest in
the Mount Sopris Ditch and a like interest in the 6.5 cubic feot of water per second
of time allowed to flow therein under Priority N. 130 mid Priority No. 183 and 32
Owen of the capital stock of the East Mesa Wntcr Company. Also, u 10.5/21tic interval
In the Lake Ann or Dinkle Reservoir and o like interest in die 9,234,720 cubic feet:
of water adjudicated thereto.. under Priority Nu. 13.
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ltece�No. -_**Z7.. ;j___T_ ..._�_1.OLPtta .1 Recorder.
Tins Di•.ED, :Nate thea v^� day of June , 19 80
het ween
WILLIAM TURNBULL
New JeAW
County of and State of est trrgeo, of the first part, and
DAVID K. DANCICER
whose legal address is 9520 Santa Paula Dr.
Fort Worth, Texas 76116
ofthe County of Tarrant and Staten(
Texas
--Periertrdn, of the second part:
Es38Jt 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 first part in hand paid by said party of the second part, the receipt whereof 1.
hereby confessed and acknowledged, ha 8 granted. bargained. sold and conveyed. and by these presented* es
grant. bargain, sell, convey and confirm, unto the said part y of the second part,hia heir and assigns for.
ever, all the following described lot or parcel of land. situ, te, lying and being in the
-Pm?we ref- and State of Colorado, to wit:
Counties of Pitkin and Garfield/
•
That property described on Exhibit "A" attached hereto and incorporated
herein by this reference.
JUN 131
,scan PORVI NDf1 IT!
1�'err-knower eRicerret4rnrl T1MTher--
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise Appel.
taining, and the reversion and reversions, remainder And remainders, rents. ,ours and profits thereof, and all the
estate, right• title, interest, claim and demand whatsoever of the said part J of the first part. either In law 0r
equity, of, in And to the above bargained premises. with the hereditaments and appurtenances.
TO HAVE ANI) TO HOLD the said premises above bargained and described with the appurtenances, unto the
said party of the second part. hi8 heirs and assigns forever. And the said part y of the first part..
for him eel f his heirs, raerutor,, and administrators. do es covenant, grant. bargain. and agree to and
wit h the sold part y of the second part. his heirs and a..Igno. that at the time of the ensraling and delivery
of 1 hese prearnta, he is well melted of t1 * l rrmisr. at oae rnnveyed. so of food, sure. perfect. absolute and •
Indcfelsible rotate of inherit Imre, in law, in fee simple, and ha it; gond right, full power and authority !�
to grant, bargain, sell and convey the name in scanner and form no aforesaid, and that the eanre are free and clear
from all former and other grants, bargains, sale., hens, tasr., menta and encumbrance" of whatever kind of
nature 'mover, except and subject to those items net forth on Exhibit "B" attached
hereto and incorporated herein by this reference.
HMI the above bargained premises in the gout and peaceable po ion of the allot part y of the aeennd part,
his heirs and assigns agonist all oral every person or persona lawfully rlaurungur to claim t he whole or any part
Ihereof, the said part y of the (rrot part shall and will WARRANT ANI) FOREVF.R DEFEND.
IN WITNESS WIIEREOF, tlu• ar.i,l part y of the first part h+ s hereunto set his hand
and seal the ,hey and year first above w; atria. ^r
William Turnbull
STATE. nE roI,O R A I)it.
t•ount1 i,f Garfield
The lu re going Inst r ument w•As :irk now ledged 1, •fore mr t hi.
1
_AREAL)
day of y
(SEAL)
❑r 80 by William Turnbull
?1} rnmlw«.«,o.r.Yplrr. �vti- � � �f A >. ) .19 tt'itnr.s my hand and official seal.
.um38( tA,t 877
BOOK 55(.) PAGE139
EXHIBIT "A"
That real prcperty described in deed recorded as Reception No. 241183
in Book 395 at pages 152-153 of the Garfield County records, and in
Hook 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 and the water and water rights therein
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.
under
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.
3,2
'ray. 1996 2:38�M'
.4 410
r'��r.r, , - .NO. 2789au P. 2/7 .
%T , . '..LE GLNt4�'�,�G -- 19 Ito( i'.u-Z`s.r.
Recorded at -1 p Inc X ry�� i�/�
Rectrtion Vo. _to � �f__ s 1 A_�ii�.L fk.J terorAer.
i
THIS DEED, Made this a day of
1980 ,between DAVID K. DAHCIGER
of the• .County of Tarrant and State orQoos
--races, of the first part, and
THOMAS a. TURNBULL and ROSAMOND TURNauLL
whose legal address is P.O. Hos 686
Carbondale, CO 81623
of the
County of Garfield and State of Colorado, of the second _.
part;
WITNESSETH, That the said part y of the first part, for end 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 acienowledged, ha granted, bargained, sold and con•
veyed, and by these present;: do es grant, bargain, sell, convey and confirm unto the said
part fes 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 State of Colorado, to wit:
RECORDCR'S STAMP
JUN 13
Fns 177171447 IT!
That property described on Exhibit "A" attached hereto and incorporated
herein by this reference.
aismkn uwrras-stretrt-anti'nnmfrer
Together with all and singular the hereditaments and appurteuaneee t.i ertul.i.o belougink, ur in
anywise a.pertatning, and the reversion and reversions, remainder and remainders, rents,
issues and profits thereof: and all the estate, right, title, interest, claim. and demand whatsoever,
of the said part Y of the first part, either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appy-tenanees; TO HAVE AND TO HOLD the said
premises above bargained and described, with the appurtenances, unto
the said part las of the second part, their
heirs and assigns forever.
And the said
part Y of the first part. for hi eel f , his heirs, executors and
administrators, do es covenant, grant, bargain and agree to and with the said part fey of the
second part, theirheirs and assigns, the above bargained premises in the quiet and peaceable
possession of said part lea of the second part, chair heirs 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 firat part to WARI{ANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said part y of the first part ha a hereunto set his
hand and seal the day and year first above written.
Signed, Sealed and Delivered in the presence of
STATE OF COLORADO.
as.
County of Garfield
Tho foregoing instrument was acknowledged before rue chin
1980 ,by David K. Danciger
My comminsien expires
S; /91A .19
/7.4,1W-er
�'`2 (SEAL]
Uavld b, Uanei=er
ISEALI
(SEALI
day cd
. Aitnesa my hand and official aeaL
�rr. 0
.
No.16 art[LLL»Aaat>TC.l.,.l. l{11AWU tbri
33
N...ry h.iw_
1 ?
V
21 1996 2:38PM.. STFwART TITLE GLNWOD
EXFIt1SI l"
No, 2789 P. 3/7
doox ball p100143
THOSE tracts of land described in deed recorded as Reception No.
226586 :n Hook 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 TWITH 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 Recejtion No. 243656 ir. Book 402
at pages 424-427 of the Garfield County 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 TOGETHER with 1 cubic foot of water per second of tithe from the
Prince Creek Ditch, Priority No. 6, as decreed by the District Court
for the former Water District No. 38, 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 S,IHJECT 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 center.:ne of the roadway as currently
established and in Place extending from the Prince Creek County Road
in the SW1 of Section 11, Township 8 South, Range 88 West of the
6th P.M. over and across the above described property to the re'id.ence
currently located on that tract of land described on Exhibit "C"
attrched hereto.
AND TOGET3£R with all of first parties' mineral rights appurtenant to the above
described property.
1
Ma . _3..96 2:39PM
1
,LNWOD
• No, 2789 P. 4/7
• anox 550 noti44
EXHIBIT "A-1"
No. 5 CERISE TO ;URN3ULL
,' small ;parcel of land situated in Lot 7, Section 11, Town-
ship 8 South, Range 88 West 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 (whence an iron post and brass cap properly
narked and found in place for the witness corner to said
Southwest cor:,er bears S. 00'08'29" E. 27,18 feet), thence
N. 00.15'48" W. along tha the west line of said Section 11
1850.04 feet to the Northwest corner of said Lot 7, the '':i-
ioint of 3eginni;,q; thence S..87.02'J6" E. along the North
line of said Lot 7 81.43'feet to a fance as const"rueted and
in place; thence leaving said North line S. 89'55'43" W. along
said fence line 81.30 feet to the West lire of said Lot 7; then
leaving said fence linr_ N. 00'15'48" W. along said West line
4.31 feet to the True Point of Beginning: containing 0.000
acres, more or less.
NO. 2 CERISE TO TURNBUT,L
A small parcel of land situated in Lot 7, Section 11, Town-
ship 8 South, Range 88 West of the Sixth Principal meridian,
Garfield County, Colorad,,, 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 m.:red
and found in place for the witness corner to said Southwest
corner Scars 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. alono the
East line of said Lot 7 14.73 feet to a
line of a fence as constructed and in place; thenceon hleavingded
said East line N. 89'33'36" W. along said fence line 416.99
feet; thence N. 66'10'59" W. along said fence line 99.29
feet; thence N. 71'13'48" W. along said fence line 3.55 feet
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
fuet to the True Point of Beginning; containing 0.2650
acres, more or loss.
Excepting from above the right-of-way of Prince Creek County
Road.
(01ay, 21 1996 2:39PM .STF' ART TITLE GLNVIOD
s•
No. 2789 P. 5/7
•
EXHIBIT "A-2" '
NO. 1 TURNBULL TO CERISE
r,( 55U mE1.45
A small parcel of land situated in Lot 6, Section 11, Town-
ship 8 South, Range 88 West 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
caner tears S. 00.08'29" E. 27.18 feet), thence N. 02'15'33"
1847.25 feet to the South line of .said Lot 6 at a point of
intersection with a fence as -constructed and in place, the
True point of Beginning; thence leaving said South line N.
89'55'43" E. along said fence line 905.50 feet: thence
S. 71.13'48" E. along said fence lire 175.52 feet'to a point
on said South line; thence leaving said fence line N. 87.02'
16" W. along said South line 1073.50 feat to the T_ua Point
of Beginning; containing 0.5905 acres, more or less.
• .1'%
fMay.23.1996 2:39PM
•
J/
z:Iixn2T •
No. 2789 P. 6/7
. snox 550 P:rr�.'iri
A tract of land situated in Sections 11, 12, 13 and 14, Township 8 South
Range 88 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--H.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 S.00'29'03'17. along said East line
of Lot 5 513.82 feet to a point on the South line of said Section 12;
thence leaving said East line of Lot 5, 5.89.45'53"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 market for the East Quarter Corner
of said Section 13; thence leaving said East line of Section 13,
:4.89'5].'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' 59' 30"W.
3. Along a curve
central angle
N.73.35'20"W.
4. Along a curve
central angle
N.84'13'36"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 angle
N.50.1].'28"w.
8. N.61"21'27"w.
9. ?,long a curve
central angle
N.57'59'50"W.
10. Along a curve
central angle
x.62.00'19"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
271.00 feet);
to the left, having a radius of 529.34 feet and a
of 20'27'40", a distance of 189
188.03 feet);
to the right,
of 05.04'10",
106.36 feet);
to the right,
of 50'21'43",
150.79 feet);
03 feet (chord bears
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 cf 24.17 feet (chord boars
24.01 feet);
114.61 feet;
to the right, having a radius of 988.00
of 06'43'12", a distance of 15.88 feet
115.91 feet);
to the left, `axing a radius of 1193.73
of 14'44'11", a distance of 307.02 feet
306.18 feet);
feet and a
(chord bears
feet and a
(chord bears
'May. 2
Id 6 2•40PM
PT TITLE GI.NWOD;6dfeet)' ° ulStan ( of 578No. 2789c Eons 1/1"_cf1Y?
r
12•loag a curve to the left. having
Alli -
of 164.35 feet and a
central angle of 35'52'31", a distance of 102.91 feet (chord bears
N.38'50'47"W. 101.23 feet);
13. N.56.47'05"W. 163.89 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 bears
N.48'45'S0"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 Book
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.25'59'14"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"19'05"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.82'18117"W. 204.62 feet; thence along said
Deed line N.69°17'80"W. 133.95 feet; thence along said Deed line S.76'37'
00•'W. 159.49 feet to Exception #2 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 #2 N.31'$3'39'W. 30.2
feet to Exception #3 of said Pings to Turnbull Deed; thence along said line
of Exception #3 N.76'37'00'W. 85.51 feet; thence N.00'01'27"W. 277.43 feet
along said exception; thence N.00'01'09"w. 290.23 feet along said exception.
thence 5.89'58'51"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 42 N.01'54'35"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 righ
of -way fence line and said exception line N.88'11'38"E. along the North
line of said Lot 9, 294.67 feet to the centerline of an existing irrigatio.
ditch; thence leaving said North lino 5.37'26'09"E. along the centerline c,
saie 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"8. 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; *.hence
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_03.44'1S"W. 405.90 feet to e
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 point on th
South line of a tract of land described in Book 525 Page 34 of the Garf:.el
County Clerk and Recorder's Office; thence leaving said fence line 5.75'
15'32"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 S.8
03'30"E. 2577.91 feet to the True Point of Beginning, containing 577.61 ac
more or less.•
_
Also conveying by spedial warranty and without general warranties of tit1t
whatsoever, all water, water rights, reservoir and reservoir rights, ditel
and ditch rights appurtenant to said real property, including an undivic'.e•
one-half interest in the following ditch, water and reservoir rights:
1. The Prince Creek Oitch and the witer and water rights therein unec r
Priority No. 6 in former Water District No. 38, EXCEPT 1 cubic foot of
,rater per second of time which is expressly reserved therefrom.
2. The Bennett Ditch and Nater and water rights therein unr!er Priority
No. 63.
3. The Mt. Sopris aitch at! the wator 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 undo
Priority No. 13.
AND TCG:TNER 'JITM ail of first pnrcies' mineral rights appurteneat eo the above
described property.
.SI n lra • .
-
RF:( ORDER'S STAMP
Tarrant Texas MAY 221981
of the Count} of and State of !Req.
'A • •
.a4 :'c-1
7.1116 111.4:I), 1ladethl= 1;
1:? 9: . he•v;, 1.11 DWI?) K. U••'.( I t.l.t.!
mete.. of the first part, and
THOMAS R. TURSBC'Lt. and ROSAMG\D TURNBU'LL
whose legal address i:: P.O. Box 68(, 1f / �1
• Carbondale, Colorado 31623
of the
County of Gnrf field and State of Colorado. of the second
part:
WITNESSETH, That the said part y of the first part, for and in consideration of the sum
of Ten Do11.ars and other valuable. consideration
Dollars,
to the said part v of the first part, in hand paid by the said part les of the second part, the
receipt whereof is hereby confessed and acknowledge(!, has granted. bargained, sold and con-
veyed, and by these presents do eq grant, bargain, sell. convey and confirm unto the said
parties of the second part, their heir and assigns forever. all 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.
NOTE: No State Doc, rev nec•os ars•
Correction deed to correct error In description In deed in
Book 550 at Net. 142 of the records of the Clerk and Recorder
of Garfield Count v, Colorado
111MN 4(444M,t:J.11L11 J(t L•1Wi.-111(1411W 1,44L_
Together wit 11 all and singular the beridit:un. 1.1 .:In and ;11 1• in I(III1 er thereunto belonging, or in
anywise appertaining, and t1"• rev,•1••II•I1 aro•! ••1'<1,•11•. 1'(•nniiioll•r and remainders, rents,
issues and profits thereof; and :111 tie ••,tate, 1 it !•t .A-4-.1. chum and demand whatsoever,
if the said party of the first part• ,•nc�r ,, I.11. •• ,••, , �. Id. in and to the above bargained
premises, with the heredit:uu,•uts ,u: l nppin•reoati••es: 'lir iI.\\•I' \\ It TO 11(11,D the said
premiseM above bargained and d(•scrib. •1. wit 11 t he appurtenance,. until
t
he -ail part 11'S of t he MIcond part, their
heirs and assigns forever.
:\nil the said
part v of t lo' first lout, fur h inset 1 h I., holrM, executors and
arhninistratur., do t".; covenant. gr:utt, bargain 1111,1 :10 '44. 1„ slid writ ti the said part tem of the
(('(.oml part, the irheirs and assi t.., the above bar,riunell preint•es m the quiet and peaceable
p11MM1•MMI(Itt ,It said part 1 es of the second p:u•t.t het r heir- and a.signs, against all and every
person, or persons lawfully claiming "r r., claim the (chin( ,u laic part thereof, by, through or
under he said part v uftIle first 1,:11t"11.\I't.\N1• AND I•ttltF:\•I:Iti)I•;I1?N1).
IN \1' I'1'\ ESS 11 I I I 1 (►i', The ...aid leo t "it h(• tint part ba a hereunto ret his
bund ar,ll seal 1 he day and v. ar first ahoy( wrMen.
5I) m• 1, Sealed :17111 1leiit(•rrd in th( 1nr.enre „
routit' of Carf leld
David N. nnnci:,•r
•r.
,p1AAy
F' Ll %-\
•%•fr; c C� ISE AL]
David K. `D,Inclger
ISEAI.I
(1 nc h:u.J 111111 • 1firis! r,•sl.
__!SEAL;
1111„1 r0,11..
EXHIBIT "A" - page 2
No. 5
CERISE TO TURNBULL
A small parcel of land situated in Lot 7, Section 11, Town-
ship 8 South, Range 88 West of the Sixth Principal Meridian,
Garfield County, Colorado, more particularly described as
follows:
Commencing at a rebar and cap �t the Southwest corner of
said Section 11 (whence an iron post and brass cap properly
marked and found in place for. the witness corner to said
Southwest corner bears S. 00'08'29" E. 27.18 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 plar'e; 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: thence
leaving said fence line N. 00'15'48" W. along said gest line
4.31 feet to the True Point of Peginning; containing 0.0040
acres, more or less.
CERISE -TO Ti!RNBULL
A small parcel of ]and situated in Lot 7, Section 11, Town-
ship 8 South, Range 88 West of the Sixth Principal Meridian,
Garfield County, Colorado, more particularly describer) 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
CG,rnr'r Dears S. 00'08'29" E. 27.18 feet), thence N. 43'13'
00" E. 2420.46 feet to t',e t:ortheast corner of said Lot 7, the
True Point of Beginning; thence S. 00'21'22" E. along the
East line of said Lot 7 14.7.3 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 416.99
feet; thence N. 68'10'59" W. along said fence line 99.29
feet; thence N. 71'13'48" W. along said fence line 3.55 feet
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
feet to the True Point of Beginning; containing 0.2650
acres, more or less.
Excepting :rom above the right -of -tray of Prince Creek, County
Road.
•
I;iYrtltit%'r.•S STAMP
'I'IIIS 1)ii.I). Mad. th. ✓•i .I..•. •' April .81
THOMAS R. TURNBULL and ROSAMOND-TURNBUI.I.
.tithe r .mos -.4 Garfield ..t., -t.0..,1
l., 34 •.r th.• n10 part. ;ui.l
rouh DAR RANCH COMPANY. LTD., a limited partnership
Carbondale, CO 81623
nrth.. . ru.init •e Garfield ,
t fn••....n.l part
N•II\ESSI.TII. ilia the •:ra part ieFll t h.. t •.t ,.rt. t.,, r•nl r•nia•L t:.. .t. .1 1 lit,' ••t
Ten Dollars and other valunble consideration
tntl"•..,4part ica•rth.•1..tpart 1111.u•''p."dI.t1:. .n.1p..t V na.ttI r.•.,gttwh►renf
i* I.m.a h,de. i1 .t t.. ,.• • .r ..I •t ,. . •I ;u�d ltl' 11 t I. I MFirii and hr thee,
pr.•annt. do n•n••.•.•, r.•I.•n..•.cop r.• • :.n.. if l l l t l \ 1 \I .•,r.. . .nd pa. rr ..r tin •.•e• nd part• its heir.
rurr.•....r• anti a.•.p•n 1..r.•t.•r ..11 t . �. I !.un.. �. .t 1 t h.• •..pl r:tt t'earth.• ftr. t part
have i1 and t.. tilt. .I, M..nt••!. ,rii....II,. p;,t,,• 1•.. 4, 4.: . ,r .! it the fMitt)•
nr Garfield :.r,d -I:.n•.,•l ... •t..•1 I • u •
See Exhibit "A" attached hereto and Incorporated herein by
this reference.
It�II,\f 4\I.I,•nl,ll•
.nal
10.11, IQM.. ..,�
its
111 I ...,, 4
th.•Ir
Nod 4
Thomas P. Turnbull
rto,:amtnd lurnhnll
I'\II til "•1.�I ti
.. i Cart -11'1d!
•1•homu•; R. Turnimil And Rlt.n.lnnd Turnbull
EXHIBIT "A"
Quit Claim Deed from Thomas R.
Turnbull and Rosamond Turnbull
to Four Bar Ranch Company, Ltd.
TiiOSE tracts of land described in deed'recorded as Reception No.
226 538 in Book 3dd0edtPages recorded6as9ReceptionGarfield
No. 303709nin Book548 Records, as corrected by
at rages 214-215 of said records.
AND
Tho: -,e parcels of land described on Exhibit "A-1" attached hereto.
LXCEPTING THEREFROM that parcel of land described on Exhibit "A-2"
tr
attached hereto.
TOGETHER KITH any and all water rights and ditch and ditch rights
appurtenant to the above described real property.
ed as
AND INCLUCDING that real property descrribed15n-de3dof cthe ordearfield
Reception No. 241183 in Book 395 at p 178-1792 the Pitkin
County records and in Book 235 at pagesofosaid property
County records, excepting therefrom that portion
described in deed recorded as Reception No. 243656d
Book
t402
2
at pages 424-427 of the Garfield County Records,
and expressly reserving to first party that real propertydescribed
on Exhibit "B" attached hereto and incorporated herein by this
' yP
reference. '
AND TOGETHER with 1 cubic foot of water per second of time from thele'
Prince Creek Ditch, Priority No. 6, as decreed by the District Court ;.
for the former hater District No. 38, and all other water and water
rights and ditch ant ditch rights appurnant to the property
conveyed hereby; provided, however, that first party expressly
reserves those water rights described on Exhibit "B" attached.
for purposes of ingress
AND SUBJECT TO an casement and right of way •
and egress being twenty (20) feet in width situate along and tell
ne
f the
(10) fish on either extendingnfromrtheoPrincerCreekycountyas rRo dly
established ed in placeof
in the SW: of Section 11, Township 8 South, RaToy,c,88ywjott}1e resic'enCe
the
Gth P.M. over and across the n1�o`•e described {'
currently located on that tract of ).nd dc!•ril'ecl on Exhibit "C"
attached he:etn.
AND TOGLTH}R with all of f irt part h-' rid oral rights am-wrier/int to the above
described property.