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HomeMy WebLinkAbout1.0 Application• • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Elal11ON_EnILEX1 METION 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 Section 2:20.49, the undersigned Robert and Emma Eicher and Lisa Eicher Bracken respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of one 56 + / - acre tract of land into two tracts of approximately _ 47 + / - and 9 + / - acres each, more or Tess, 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: The natural topography features, preventing joint use of the proposed tracts of land (see narrative). SUBMITTAL REQUIREMENTS: An application which satisfies 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 properly, dimension and arca ofall lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; 13. 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 maybe used. C. Copy of' the deed showing ownership by the applicant, or a letter from the properly 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 thc proposed exemption, mineral owners and lessees of mineral owners of record of the properly to be exempted, and tenants of any structure proposed for conversion; and 13. 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 lire district; and G. 11conneclion to a community of municipal water or sewer system is proposed, a letter from the governing body staling a willingness to serve; and I I. Narrative explaining why exemption is being requested; and I. 1t 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 I, 1973. J. A $300.00 lee must be submitted with the appli Robert and Emma Eicher and Lisa Eicher Bracken P.O. Box 30 Silt, CO. 81652 (970) 876-2146 Pett tier- Mailin ddress • City Slate ,Z6 -,?//Z Telephone Number • • NARRATIVE TO PETITION FOR EXEMPTION JULY 30 1995 1 of 2 The scope and purpose of the exemption request: 1. All applicable requirements for Garfield County and the state of Colorado have been or are being met. 2. The proposed parcel in question, is located approximately ten (10) miles south of Silt, in section 11, township 7 S. range 92 W. of the 6th P.M. Garfield County, Colorado. Consisting of approximately 9 +/- acres on the far westerly boundary of the now existing and original parcel containing 56 +/- acres. This proposed 9 +/- acres is a level to slightly rolling native pasture land and is bordered on the east by a natural outcropping of rock and cliff, ranging in height from 10' to 35', effectively separating the proposed 9 +/- acres from the original 56 +/- acres and preventing joint use of the proposed tracts of land. The remaining 46 acres are relatively steep and rocky and limited in its scope to mainly residential, recreational and limited agricultural use. 3. There is a 60' right of way of record for utilities, ingress and egress, etc. traversing the entire length of the westerly boundary of the proposed 9 +/- acre tract of land. This right of way connects the proposed tract and other properties to county road 331, effectively providing emergency equipment, (fire, ambulance, police etc.) access to these tracts of land. No new rights of way will be created, other than limited easement from the proposed 9 +/- acre tract for necessary well maintenance. • • 2 of 2 4. All utilities are in place (located on the property) or in the process of being constructed, ie. domestic water -- please see enclosed. 5. The proposed 9 +/- acre tract to be split -out is basically unused land, due to its location and topographical relationship to the existing 56 +/- acres. 6. If approved this proposed 9 +/- acre tract of land will be subsequently sold at a financial gain thus permitting further residential, recreational and limited agricultural improvements of the remaining 46 acre tract. No other exemptions are applicable. 7. Robert Eicher, Emma Eicher. and Lisa Eicher Bracken are the legal owners of the above described original 56 +/- acre property -- see enclosed copies of warranty deeds. 8. The remaining 46 +/- acres is an established single family residence (Garfield County tax # 160). If approved, this proposed 9 +1- exemption would create another single family unit, increasing the Garfield County tax base with no added burden to the county and of further benefit to all. Respectfully submitted: Robert Eicher Emma Eicher Lisa Eicher Bracken P.O. Box 30 Silt, CO. 81652 (970) 876-2146 • • ADJACENT PROPERTY OWNERS TO BE NOTIFIED 1. Tax # 199 William R. Griffin 6542 County Road 331 Silt, CO. 81652 2. Tax # 083 Donald G. Price 5500 County Road 331 Silt, CO. 81652 3. Tax#177 Steven R. Thompson P.O. Box 737 Silt, CO. 81652 1 BOOK '790 P:SE O OO EXHIBIT A Attached to and Forming a Part of Affidavit Re Boundary Line Adjustment Between Steven Richard Thompson, Patricia Kay Thompson, Bob Eicher, Emma Eicher and Ralph Cervin A parcel of land situated in the SWINEI, NNNE1, Section 11, Township 7 South, Range 92 West of the 6th P.M., lying northerly of the southerly boundary and westerly of the easterly boundary of said SWINEi, is more particularly described as follows, Beginning at the North Quarter Corner of said Section 11, a rebar and cap in place; thence S. 00°19'58" W. 1014.94 feet along the North-South centerline of said Section 11; thence leaving said centerline N. 89°44'25" E. 399.71 feet to the "True" point of beginning; thence N. 89°44'25" E. 1108.20 feet; thence S. 00° 14'49" E. 299.57 feet to a point on the southerly boundary of said NI NEI; thence S. 89°44'24" W. 194.41 feet along said NINEI southerly boundary to a point of said westerly boundary also being the Northeast Corner of said SWINE}, a rebar and cap in place; thence leaving said N1NE1 southerly boundary, S. 00°16'47" W. 1313.91 feet along said westerly boundary to a point on said southerly boundary, also being the Southeast Corner of said SWI NEI; thence leaving said westerly boundary S. 89°42'51" W. 901.33 feet along said southerly boundary; thence leaving said southerly boundary N. 00°15'35" W. 1613.82 feet to the True Point of Beginning. DOAK 790 NcE 970 EXHIBIT B Attached to and Forming a Part of Affidavit Re Boundary Line Adjustment Between Steven Richard Thompson, Patricia Kay Thompson, Bob Eicher, Emma Eicher and Ralph Cervin A parcel of land situated in the NEWEL Section 11, MANIA, Section 12, Township 7 South, Range 92 West of the Sixth Principal Meridian, lying southerly of the northerly boundaries of said NEI NEI and said NWINWI, and westerly of the easterly boundary of said NWINWI, more particularly described as follows: Beginning at the North Quarter Corner of said Section 11, a rebar and cap in place; thence N. d9°45'53" E. 1497.64 feet along said northerly boundary, also being the northerly boundary of said Section 11, to the "True" point of beginning; thence N. 89°45'58" E. 1132.95 feet along said northerly boundary to the Northeast Section Corner of said Section 11 a rebar and cap in place; thence N. 88°16'19" E. 1312.48 feet along said northerly boundary to a point on said easterly boundary, also being tie Northeast Corner of said NWINWI, a rebar and cap in place; thence leaving said northerly boundary S. 00°09'18" W. 685.35 feet along said easterly boundary; thence leaving said easterly boundary S. 89°77'14" W. 2440.20 feet; thence N. 00°14'49" W. 643.11 feet to a point on said northerly boundary, the "True" point of beginning. • Book 790 PLGE97.1. EXHIBIT C Attached to and Forming a Part of Affidavit Re Boundary Line Adjustment Between Steven Richard Thompson, Patricia Kay Thompson, Bob Eicher, Emma Eicher and Ralph Cervin Beginning at the North Quarter Corner of said Section 11, a rebar and cap in place; thence N. 89°45'58" E. 1497.64 feet along the northerly boundary of said Section 11; thence leaving said northerly boundary S. 00°14'49" E. 643.11 feet to the "True" point of beginning; thence N. 89°57'14" E. 2440.20 feet to a point on said easterly boundary; thence S. 00°09'18" W. 629.78 feet to a point on said southerly boundary, also being the Southeast Corner of said NWiNW4; thence leaving said easterly boundary S. 88° 21'14" W. 1314.06 feet along said southerly boundary to the Southwest Corner of said NWiNWM; thence S. 89°44'24" W. 1122.10 feet along said southerly boundary; thence leaving said southerly boundary N. 00°14'49" W. 670.66 feet to the "True" point of beginning. a DOOK ?JO P:6E9 72 EXHIBIT D Attached to and Forming a Part of Affidavit Re Boundary Line Adjustment Between Steven Richard Thompson, Patricia Kay Thompson, Bob Eicher, Emma Eicher and Ralph Cervin A parcel of land situated in the SWINE}, NW}NEi and NE}NE1 of Section 11 and the NW NWW of Section 12, Township 7 South, Range 92 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the North Quarter Corner of said Section 11; thence S. 00°19'58" W. 1014.94 feet along the North-South centerline of said Section 11; thence leaving said centerline N. 89°44'25" E. 399.71 feet to the True Point of Beginning; thence N. 89°44'25" E. 1108.20 feet to a rebar and cap in place; thence N. 88°17'37" E. 2438.87 feet to a point on the Easterly line of said NW}NW} of Section 12, a rebar and cap L.S. 119598 in place; thence S. 00° 09'18" W. 329.35 feet to the Southeast Corner of said MANIA, a rebar and cap in place; thence S. 88°21'14" W. 1314.06 feet to the Southwest Corner of said N4NWi; thence S. 89°44'24" W. 1316.51 feet to the Southwest Corner of said NE}NEI of said Section 11, a rebar and cap in place; thence S. 00°16'47" W. 1313.91 feet to the Southeast Corner of said MANE} of said Section 11; thence S. 89°42'51" W. along the Southeasterly line of said SS'8NEi 901.33 feet; thence N. 00°15'35" W. 1613.82 feet to the True Point of Beginning; said parcel containing 52.998 acres, more or less. • • eoow 790 P,`F 9'; 3 EXHIBIT E Attached to and Forming a Part of Affidavit Re Boundary Line Adjustment Between Steven Richard Thompson, Patricia Kay Thompson, Bob Eicher, Emma Eicher and Ralph Cervin A parcel of land situated in the NE WNEI of Section 11 and the NWiNWj of Section 12, Township 7 South, Range 92 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the North Quarter Corner of said Section 11; thence N. 89°45'58" E. along the Northerly line of said Section 11, 1497.64 feet to the True Point of Beginning; thence N. 89°45'58" E. 1132.95 feet to the Northeast Corner of said Section 11, also being the Northwest Corner of Section 12; thence N. 88°16'19" E. 1312.48 feet to the Northeast Corner of said Nc+1,NW}; thence S. 00°09'18" W. along the Easterly line of said NWINWI 985.78 feet to a rebar and cap L.S. 119598 in place; thence S. 88°17'37" W. 2438.87 feet to a rebar and cap in place; thence N. 00°14'49" W. 1014.20 feet to the True Point of Beginning; said parcel containing 55.600 acres, more or less. I.� • 3 v,� RK, r...•.,.r • Nocorded at : 5 ut o'clock I) Reception No. 3E15:13 . MILDRED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO EASEMENT GRANT eo^x 721 PCE 63 THIS EASEMENT GRANT is made between Ralph Cervin (hereinafter referred to as "the grantor" and the New Multa Trina Ditch Company, a Colorado not-for-profit corporation (hereinafter referred to as "the grantee"). The following recitals of fact are a material part of this instrument: A. The grantor is the owner of the tracts of land being in the County of Garfield, State of Colorado, described as follows and may be hereafter referred to as "the property": Two parcels of land situated in the NE4NE1/4, Section 11, NW4NW4, Section 12, Township 7 South, Range 92 West of the Sixth Principal Meridian, lying southerly of the northerly boundaries of said NE1NE4 and said NWINW1/4 and westerly of the easterly boundary of said NW1/4NW4, more particularly described as follows: PARCEL A Beginning at the North Quarter Corner of said Section 11, a rebar and cap in place; thence N. 89°45'53" E. 1497.64 feet along said northerly boundary, also being the northerly boundary of said Section 11, to the "True" point of beginning; thence N. 89°45'58" E. 1132.95 feet along said northerly boundary to the Northeast Section Corner of said Section 11, a rebar and cap in place; thence N. 88°16'19" E. 1312.48 feet along said northerly boundary to a point on said easterly boundary, also being the Northeast Corner of said NW4NW4, a rebar and cap in place; thence leaving said northerly boundary S 00°09'18" W. 685.35 feet along said easterly boundary; thence leaving said easterly boundary S 89°57'14" W. 2440.20 feet; thence N. 00°14'49" W. 643.11 feet to a point on said northerly boundary, the "True" point of beginning. PARCEL R Beginning at the North Quarter Corner of said Section 11, a rebar and cap in place, thence N. 89°45'58" E. 1497.64 feet along the northerly boundary of said Section 11; thence leaving said northerly boundary S. 00°14'49" E. 643.11 feet to the "True" point of beginning; thence N. 89°57'14" E. 2440.20 feet to a point on said easterly boundary; thence S. 00°09'18" W. 629.78 feet to a point on said southerly boundary, also being the Southeast Corner of said NiANW►, thence 104 n� 1.' • • ef101! 72i Hct Get leaving said easterly boundary 5. 88'21'14" W. 1314.06 lett along said southerly boundary to the Southwest Corner of said NwliNwyr thence S. 89'44'24" W. 1122.10 feet along said southerly boundary; thence leaving said southerly boundary N. 00'14'49" W. 670.66 feet to the "True" point of beginning. Togethe. with an easement for ingress and egress from County Road 331 to the above described Parcels A and 8. B. Grantee is the owner of the New Multa Trina Ditch which traverses in part the above-described property and adjoining properties owned by others. The New Multa Trina Ditch may be hereinafter referred to as "the Ditch". C. The grantor wie;hes to grant and the grantee wishes to receive an easement over, under and across Parcels A and 8 described above and along the above easement from County Road 331 to said parcels. NOW, THEREFORE, in consideration of the conveyance by 'irantee to grantor of 100 shares of stock in the New Multa Trina Ditch Company and other valuable consideration, the receipt and su-ficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: 1. GRANT OF EASEMENT. The grantor hereby grants to the grantee, its successors and assigns, as an easement appurtenant to the New Multa Trina Ditch, a perpetual easement for ingress and egress over, under and across the property described above belonging to grantor including the right to use for ingress and egress purposes grantor's easement from County Road 331 to said described parcels. 2. USE OF THE EASEMENT PREMISES. The above-described property and the easement from County Road 331 to said property are hereby referred to and defined as "the easement premises'. Use of the easement premises is not confined to present uses of the new Multa Trina Ditch, or present means of maintenance of said ditch, or present means of transportation. The installation or maintenance by the grantee of pipes, conduits, or wires, under, upon or over the easement premises is forbidden. Exclusive use of the easement premises is not hereby granted. The right to use the easement premises, likewise for ingress and egress, is expresily reserved by the grantor. In addition, the grantor reserves the right to make any surface or subsurface use of the easement premises that does not unreasonably interfere with grantee's use of the easement premises as set forth herein. 3. LOCATION OF EASEMENT. The easement granted herein shall be located entirely on and along the roadway already in place and in use connecting County Road 331 to the above-described property and traversing said property to the New Multa Trina Ditch. -2- .,. ,ar.i+:✓I�+KftYl:, �it;(4t�14.: • Dong 721 ►ici fiat) 4 PARKING. Both parties covenant that vehicles shall not he parked on the easement premises except so long as may be seasonably necessary to load and unload and perform maintenance functions on the roadway or the ditch. 5. UPGRADING AND MAINTENANCE OF EASEMENT. Both parties will work together immediately upon the execution hereof to upgrade the existing roadway and put same into mutually acceptable condition -for the uses intended herein. Maintenance of the roadway shall be shacad equally between the parties hereto. 6. PURPOSE OF EASEMENT GRANT. The purpose of the easement grant herein is to provide access by grantee to the New Multa Trina Ditch for operation and maintenance of said ditch. Accordingly, it in understood that construction equipment may from time to time be used upon and across the easement herein. 7. WARRANTIES OF TITLE. Grantor wsrrants that he has good and indefeasible fee simple title to the easement premi'es. 8. TITLE INSURANCE. It is understood by the parties hereto that no title search has been done of the easement premises and no title opinion has been given by any attorney or other title examiner. Grantee has relied upon grantor's representations set forth herein. Should grantee so desire, he may apply forthwith for a title insurance policy insuring the easement hereby granted and grantor will make available for inspection by the title company any evidence of title in his possession. 9. RUNNING OF BENEIFTS AND BURDENS. It is understood and agreed that the covenants, provisions, and agreements herein c,,ntained shall be covenants and provisions and agreements, including the benefits and burdens, running with the land and property herein end any and all portions thereof, and shall extend to the benefit of and be binding upon the parties hereto, their heirs, successors, and assigns, including, but not limited to all subsequent owners of the property described herein and all persons claiming under them. 10. ATTORNEY FEES. Either party may enforce this instrument by appropriate action and should he prevail in such action or litigation, he shall recover as part of his costs a reasonable attorney's fee. 11. CONSTRUCTION. The rule of strict construction does not apply to this grant. This grant shall be given a reasonable construction so that the intention of the parties to confer a commercially usable right of enjoyment on the grantee is carried out. 12. RELEASE OF EASEMENT. The grantee herein may terminate this instrument by recording a release in recordable form with directions for delivery of same to grantor at hie last -3- r• AO!! 721. not 66 known radress whereupon all rights, duties, and liabilities hereby creed shall terminate. For convenience such instrument may run to 'the owner or owners and parties interested" in the property described above. 1.1. JOINDER OF SPOUSE. The spouse of grantor joins herein for the purpose of waiving homestead and other marital rights, all of which are waived with respect to this easerent. IN WITNESS WHEREO!" the grantor, his spouse and the grantee have hereunt3 set their hands and seals this /7 day of Duly, 1987. Ralph Cervin AT'EST: Sehretary L) STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) New Multa Trina Ditch Company, a Colorado not -tor -profit corporation BY(4X,/ y�-t Yo President elrU The foregoing instrument was acknowledged before me .on this day of (t1 , 1987, by Ralph Cervin and Witness my hand and official seal. My commission expires: 6- a - FP �DI-/ r ��, yyy Lf ed Nota Pub is • e i : 7 -4- .�arc�. j� ..... � j* ^. 7iow--40411.0, Yf'3.!gsfo Ti7peiv YTi.'f' "'"+S* t,44:144* -04.K •r.. .Ti.,�iP t . • • • ytryri!!i':'fi1'b+f!I!�7/sf�}1t.ti� 'im5s1 iSy l4C7*04.4.1'.,ikiitAk ,,k;igZ'orm4(0i�f.3 ` Yofziryi,=nsOtiowfi!ls4Ata'tii STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing this 1? day of (7„ as President and attest yt of the New Multa Trina corporation. BOOK 721 nu 67 instrument was acknowledged before me on , 1987, by (''ti�P, by f1'.�"n. 1 /1,,,,„ .• . as S e c r b t ami y'• Ditch Company, a) Coi orado not-for-profit Witness my hand and official seal. My commission expires: -5- • 7" (S.a!":�CQ.c , t0 j : �. Notaryh Public .); n a LIXII-V4111 'ON N a, a G eD O. IN N C C A O E N 34. K\ ni N I I I I 0 O 0 v m cn f) ✓ ,54 rn'b g o0 0 0.. 0 co 0 0 d CA7 w '7 Or tD fD o o � d 04. j n b �� • O O 0 0 O 1� • • • o - O N$. o n c:,-' %: ak go o0 rn �, o ?' C '� 7. ▪ O• O co • co • n r Cj w 0 v 5 0 F 0 a. 0 o' 0 SZ O z zi0 a. 0 °Xuzdo c tt r aamos JaMod .abs 6. C CD -1 cr) r5 cs (D cr PL o o Z `* Q m co N 9 b oi 't -tZ viva 'ria o a 2 000�� O O O O ° CD 0 a • co °\ ; cl g • • • 4. Torriorthents-Rock outcrop-Camborthids Dominantly shallow to deep, well drained, steep to ex- tremely steep soils, and Rock outcrop, on mountains, fans, and ridges This map unit is throughout the survey area. The soils formed in sandstone and shale. Average annual precipi- tation is about 14 inches, and average annual tempera- ture is about 47 degrees F. This map unit covers about 20 percent of the survey area, or approximately 130,000 acres. This unit is about 50 percent Torriorthents, 20 percent Rock outcrop, 20 percent Camborthids, and 10 percent soils of minor extent. Torriorthents are on steep and very steep mountain- sides and steep fans. They are shallow and moderately deep and are well drained. They are clayey to loamy and contain variable amounts of gravel. cobbles, and stones. Rock outcrop is on steep and very steep mountain- sides and escarpments. It is mostly sandstone and shale. Camborthids are on steep fans and mountainsides. They are shallow to deep and are generally clayey to loamy throughout. Minor in this unit are Lazear, Dollard, and Ansari soils. These soils are on sleep mountainsides. This unit is used almost entirely for wildlife habitat and limited grazing. It is well suited to wildlife habitat and is important winter feeding areas for deer and elk. Grouse, mountain lion, rabbits, and coyotes also use these areas. This unit is poorly suited to community development be- cause of depth to rock, steep slopes, and Rock outcrop. 1111111:1: i() 6444.e4=-54;.Re,110 ' 6 1 1i ?corded et. . . - • . ...:-, ,,t. -.•.=:r.=_-_:-__.--___ --.7--.-=:=--.---..7 —" — ,.." ',It r itr.Ciattil..11•P:=1 %Nip IIIIS I ik.e.D. Mod. this / ..... ,...,•'!.day DI December...-. ORNEL IA X. AMORY, wife ,..0).1ritttfr;, i :;•,- ',4! .... r 4?" '''. ''t . ; 1 LITE DMAN B . AMORY, husband pnci ' I ''•- •., ' 11 , r • • ,r ••t -. -, .-.: -.i ... •-..4.-', i 'VI 1 8 /979 ... rt•TI intraitan (Tr - • ;1 g '.. . ..;`; • ".... -.::: ` ' ! 7:: .' ..: 67' ... -. • ...". . of the - " , ,`..- "•• . - -counts of Gartield "•', and stale sr i• 1.1.turb--- to.r.en,c;t th. nnit Dart, anii.STEDMAN B. • ' •O ..., AMORY, husbandte..' :i • • •nd CORNELIA K.AMRY, wite i •,: .,,..••.,• -' •1 • -.;.,: •r. t• • 4 whuse treat &chimes's', 7 b9li.County- Road, 331;.„Silt ,. • - • - • :7'.7 •. of the : i. • ';..)' ilA. Count elf vet rz Le 4.10 ,t:....and ai.staWf C.1.krado.. of tho 'fecund pert; . ...- i • - * ,..„,— let-' ..1' 4,--5x7 • :-: -..r.' • t • ' • It, :: ' ' 4,',, - " WITNESSETH; ihalt litajtald Part '• • ,•.4.:ISIf tho finiftsalt, for artdIn consideration of the suni,PV, '6 TEN DOLLARS • and ifther. good :ratiii 'valuable considerations- :: '. 4 !`1,230(X.XXIC .., T.. lw the said P. art Lel : of t: f,Irst part liv .pairl by the Mid partitorof the sciond part, thus receipt whereof Is' " ' ' : • '" ' , ib Itirt ' 'i::#z.,---:-: .tti,I,:,::.;-. ',y..: .i... .........::;:;f:y...:,. hereby ronfosoeti and ackadtrielyed, lin Ve,:tiratited, bargained, sold ani conveyed, and bythese praients do . ., grant. harraln. sell; *envoy aturconfirmunicii a Deld partof the aesisiiiej part. their heirs' and it:Skint feminist, nett In tenattey,ek comusun blititi,Inatiens•Peiliakji 4.1ollowine dcieri bed litt344.-, or panel.- , e.,pf land, titillate, lying and ing In thaTi ... :, ••>,, ‘kgitan . .Gartield : -A„• and Statita,f galorado,kt..irit; :.-t'sk":44:,,i, ,..,, : . ... .. .. ••-.;?:-!iyiT4-:,...,.., ;fop 1.:.---,,,,7,1.,f; ., 1. see cab ibittte'. attar ' d hereto and ' ncorporiited by ',this -4••: •••.*-•.' ' - ' • , "••-•fki , •• • -- ••.-F-•"• -:::I:7', re te..1r,. •e..,.-nc.,.i',.. .;'e ' ' ' '.1; ...• `. :.,1.'..!' .... `•‘.T .;;,'•. ; '4.'. ,i4 'a,‘7.4z;- .%'"1' ii;', 4.,.,i..s,.-.•....:....,.'4,•: .:,0, • ',' ..1"y..,v.:,,. ,,. ..:. .d',- ,.,"...,..,.,1,.,,,,s,c;g.l„i4e7ii _.;, ,-,:;.,-. - .• •-:• :'i„i. •-101.11i1.7-f:.1i,aW(t...,L...;:‘_e ' ;, .1!;Ai f1.,.!,,,','„,,,,,,.',.:..:,...-,,';11:,•,,,,,0•.,.•...,;i•/7::!-"sii1..t.'4.t:--''. .. .'. .. . 4;1: ' .tikii`.'' . A •,.- & aleo knott:if as sttvet anti nuinbe.„ r.,..., ..1413:' •..c...V..c - .;••••-•-, • - i ,'•.,..,..' '..,,,.,- , ' i.t...,e,".r.,,,lec,....itior: .1••,•••-ii.c. - .• '.. \ . , • .- .:, • ' .,..,A ..r, • '• ' it.i, '../. 7'..",-$ TOGKTIfElt with all and singular:. the. tecilinment i ' a tol altDuitimencell l hereunto', helmelfliq or itCiereilie • ippgrt a i „ , nri, , h,. re,,,,011 Mid rfrerlionii.lie:sintinr end temakrayrs,:ertte: Issues -anti nraittit thteiept I I}4 on 04.,i estate, right, title, Interest,. claim "and ilimiandNeitattooyer t,f the"aalti part ie iitYihe knit ita .. lifterO ' Iii laft A' 1 1. equity, of. in awl to iheVsabove 4nrtrained premixes, with thicheradflamente and uPPuratnaricai.4•-t,'”; ''''; ,.,•,It -... ,11: , • Tit HAVEANL) TO HOLD the said pretti;see *Wye hartiainad and described, with ttiaaPtieritMinciek unto Iiiiiiii - parties of the .., .1,,i part, tIA.ir l-ir, an. adsinniktnyer. And the said part ie 3 ,;;;- of iltifirst iiar,i,,,Sor . ctle al t PA.' V e B • their -,i.;heir., execuutra, and adminietintors do;'- -:co4nant. grati2.,filatitatit aild' ttime Le adititti•' ono' the said.co nerti., , 1 1he ...corgi part, their heirs and assigns, that at the timethe enseallriit4aitkde114‘7 Di theeli17)614 are :.: w ell ....ired of the premises above ro"....eyed..as. of good; 'sure, pert •abwilutelettlindifieslisli; estate of inhentm,,,. Ili 1.17, in feet simpir, titirl hive --... good ritcht. full •iiiiwitt- iiiid iiirfalf1J'bruloWirW 111,4., Daft* ,.... .. , . .., .. . _,,.. Rain, nell and ,,,. -.1, the Damn kr, inmate,. and firm eforsiiiid,:and that thisame arnircia.itriit eteal4Oom ali forinah, Atli other ptrrit,t/. t Ai ‘,1,.e, 'Mee, h -he. tAvri, Its'eramment and eiteumbranree of whatisor kind Or kit'lltre aneeink •, "..,4 easements and rights of way ot record;A1:-..S. Patent reservations :and other re se L va t ions and restrictions ot record - •• - ' -'1,1'.. ''-''''•;,•-••• ;:iafiAN-'":••-t1 '7::,/ 1...Y 47..:' I., P -4.1t :t. 5,,,1 t lir sin),.- I., voInc4I prniniNne In Ow o4itt end peaceable nosiension tvf Of said pa rt les i of the • strand ps rt; :thigh. 1.• ,. 4 nod assort,. i•LiAtn-t nil And every r-rt,nn or pereone I twfulirclaiminR or to claire' tha• Whtillir ti .'port thikriait, ,s(( part ic s , (the first part shall 11,1,1 will WARRANT ANI) FOREVER DEFF,Nt); ' ? IS Win/K.,' W II ER EOF the said part Les t. of the first part haVe Y.;'..:•hereunto set theliViandig •..1 ill tiat day end_ year first above written, .. ' ..- - - • fl. I. ", - „. . -V " ' ': .',"•?. '."-, _... j jt , .,-, :: k" , - r.:;.'..t.f.'",'T.i:-..7.1.'..r. nr, 4' -.1.:) : 14 oni.d ci.1nd D ,.1 aeliVered Iti the Presenveof 7:.`i..'..1..."..';:• , A" . . �f i:.,'.;:l..C.::..[I!E Lr . . '..:,.."-,,;„. , Stedman A. Amory, a Al -•• ,a .:` 4.0: k i ',/.. .... ' ' Y,,,•• '; '.,'...'' ‘. .7.A. )Y.tait '.....,.........::'Cornelia•••.•K. Amo i e,,,..b . --....L..- 40 • ' , ,.-,• - `.-7.,-' - Gerald G.'.. Tolley ;Itler ILA; lifY ;' ' • . t • • • COLORADO . i; 7,... in -tact .;4,.• . .: .. -,••,— Caul,ty of .Ziir tie tO ....f -.„-..r, • - _ 'i, -.-...=:•:t.:-.;;;.. = ,:,-. • ,i,_,-,‘ ;,,, ,- g• ;,tir tv• I riiMent.W111. net...wit...leen beforti me this "`"-- c' ' .3. ...• • '2 day or tliecetobse,r.- • i * 1.1-.:DMAN B ., AMORY , hunba-d and CORNELLA K. AMORY e.).yt traiibyl . . ' ...? • • C'.fl)AiI G. ToLl.FY , her a ttorney-in- tact,' • .1-• • .nt s October 19 082 , \t, t nen my hantand afielar seal. , woo •,.; . .1. Pt 4,17 nut It •Pu41.61.1.4 (..• 11.24.411 blrel/I. ...et. Colnronle .1114.111 4177 , e/7 ••••••11..-gliniOr 1,4 4: • et lir''"- 4,1 'A parcelof land 'situated in the W1SWk Section 1, EtiSEk>'arid''SWliST". Section 2, SEIESEk lSection 3, }7E t, SEk, ' EleSW4 and E1N1 Section 10, S15S1..:4, 1710;5W4, ;Wa r, SW1417E1 and NI NEl , Section 11, NWL17T7t;':Sec tlon ,12, and c'iNwt and NWkfEk.of Section •15.a11 in Township 7 :Siluth , Range ?':u"-1';;: 92 West of the Siitth Principal Meridian, Car field;County, Coloradd�S..'.. said parcel of land is:described) as follows: , ,ri'd1 �6'� Beginning at a stoae "corner ,found in place' and )properly "eoatkt�t{y't^r t 'the corner commoato 5ections.10, 11; 44and 15 of.,Baid 7owpahlp;iand-T•- Range,, thenc. S. 68'59'03" W. 2353.11.feet along thi. 1i e.coalttitin'ttozW said Sections 10 and 15, thence S. 00°12'20" E. 87a 3^feR.t-:;,thenCe `._. S. 10'48'14" W. 1248.28 feet; , thence S. 87'07'30', ,: ii1s1319 .66K.fe.tt;Y {��f thence West 30.00.1feet to a point within.the rig}it70fWay}6 i ijn Tlf—, Road No. 331; thence N..00'09'00" E.";.1352:09 feet!.*+.thha*li'nebetveanty said Sections 10 and 15; thence along the;line.belWeen`eitaidn=$gc+G"1t1ntl 10 and 15 S.. 88.59'03" W. 29.19 feet tothe .Sduth1e.t."Cbtitei of Pthe t '• SE!:SWk of said Section 10; thence along the.West.,.itte gftZa .4 } SR1 �,t and the SE4tiW1t offsaid Section 10 14:-4'00,"413107" E.126.38'03:::f R11,4k:hent:e:,+' N. 89'09'44" E. 40.54 feet to.a point on.the easteriy'�,righ?t "lgf-..'�iayrafrt' County Road No. 331; thence -N. 00.05'00" E.:98912 7fe 4 ��`:, easterly right-of-way line; thence N ';21'09442" £;Y,34 g,vfaet',k,'on +r" said easterly right-of-way line; thence Nt 15'38' �'!►W4A3:w9!1,t: et) t , along said easterly right-of-way;. thence Ns"�'a3<i22'.1�6 3;5df"' eetil. ,a' along said easterly right-of-way; thence N. � �b'44�03��;�E.'t 451.: d7,. ke�t, along said easterly right-of-way; thence •N. 82'2 '�,06i:r`x:.306,6,7,` along: the routherly lino of said County Road rigbf ofilwa " f-tI1a13. N. 67`46'53" E. 236.78 feet along said. southerly, .jgh1=aiy a l'S' .r. ::. i9'27' 1•" E. 142.82 feet d along saisoutherly, kighiL':t0t4`4.ljEjrt3 �r point near n fence es constructed and it1':placer'vfteiieei tli'Vlitn ileo Quarter corner common to raid Sectiona'7•3'and 10 baaraN.'"ii86"e7Z' )1.147c; 71.90 feet; thence S. 0(1'75'09"_E.:572;83 feet•albn6 ,+aid diced;viae �' thenc-c N. ='4'06'57" E. ; 98,.11 feet along. said .'fence• li'nel„"theii I":'P .,,r1 05"09'(1ti" 1.. 580.•. feet along Baid.fence linei,to ti Qiflt?,rob he.",. l%5 nor.l.erly line of said Section 10; 'thence; along >tiia S1onL a`ely,i •t of`•• !aid Section 10 !:. 8'9'20'20" 1.;378.56 feat ;,'thence g''�' n ri il�* ietY r line ��'tJ5 .5" L. 317.70 feet; t}.enc'e�'S..691.53`:3 U( iF;6 $113, ,4,•Fi rid.�i'. thence N. 13'19'75" E. 558.92 feet; thence -17:-37'05'4)"`$14052: ,f...t; thrnrt N. 01'4f.' 28" W. 142.74 feet thence: N;,"'01•5 '0$'a',Si' A414111'.f #Y� t� then(e S. , .'17'11" E. 203• t ' 1� Wit, •' 3.36 feet. to=;`point on��ltl7# e11t*iyn1,4,[Ir e,f Ertl d St:. SW t Section 2; thence 5. 00!17' 55" E. 36040 ilit4 i.a16ii1i fey th. 1.1r,t i, Inc of said SW`rSWk of Section -12 . to the'-9bbth tar Ctirni0;af !.aid .'.:trS:'; Section 2; thence N. 8Q1'45!•�SB",E: 131.5A04eat sOb>g8'thr l.orth ]foe of raid Section 11 to the -North Quartets ottteTraf rrif <F Sect Irn 11; thence •N. 89'45'58":,E. 1315129' feat=ilon1;xthe" Ne th0 ina."p of , :,1 S. r;inn 11 -to the Southwest "Corner of 'said" 11SE4 of 1i.st pa8 .ton r e «y. 2; c ;It nrC t . OCt•p4' 14" W. 2627'. R2 feet�a.elong .thevi�tetly l�tie d' sr.ii '':1'L'., Ser-tion2 to the 1:ortht.•est Corner of'skj.,i1Lti6EIv+°Seet gef�g;' ti r•: r 1:. i.r:°47'57' E. 1320."50 feet along:the nortltettl 11n ,of `staid " 9 •, � r 1 X k A' 'S) m1 j.. LEC:1::U131:1; 29, 1976 J. Nig sat • ,,,V* X7;3 _i:.lifv 'C�T Quatcr• •.cr c,, • t.. raid Illtionr . n t . . 11er torn:,. Fcct ? •r.t ft " t : onr :5 ",t • ui:. t Soutt:, Tani t -,,172':!." 19F.u3 it. nt. F;'1/.'48" r. 3 " : i •• f, c t .;tog the not ther1', 1'rr of ..,;d ;St L, ;'re tic'; 1 t; t}.r ...:then::t Corner of t.aid 1'`i:' , ..,•ct1.... 1; thence S. 0L 19'4(.• fct•t r,/ring the easterly 11rc of ...:!r' 1:LSW1/4, sec -Act ) t, :t"thcast Coiner of said 1`;St:,I., :'uct: -n 1; thence F. 00' 13?5.13 feet along the easterly line of raid Ee•et:t.r 12 to the Southeast Corner of sr 'td 17WITWW;t, rection 17; LT:.•nce 5. �h"21'14" W. 1314.06 feet along rhe southerly line of Section 12. to•the Southwest Corner of said 17jd;1:1'L : rection 12;•ehence S. b9'44'24" W. 131ti'.51 feet along .the; soutt.crl^ lint of the NE -..NEL: of said Section1l1 to the• Southwest Cornerof said +f NELNEk, Section 11; thence S. 00'16'47": W. 1313.9i.'feet along the • easterly line of said SW1tNE1/4,t'Section 11 to the Sb theasr:Curner of said SWyNEk. Section.11; thence S. 89'42'51" W:263546 feet :. along the.;southerly line of="aaid SWkNEk and.SE4NWk •to•the•Northenst Co: ..ner of said-.NWkSWis, Section•ll; thence 3. 00"23107"•_W44315.13 •cY feet aleng;the easterly;'.line"bf said'NWkSWk,• Section'.11',tto.the Southeast:Corner bf said.NWkSlt, Section 11; thenceN.'69'41'18" E. 1318.95,4feet along the -northerly line of sa1dSEkSWk, Esction ;;,, 17 to the)Ndrth►ast Corner of�aaid SEkSWk, Section`".11;1thlrnci:5.� • 00'19'571314.53 feet. along the easterly'dine-of 'aiid_•SE1(8 , Section 11',too the Quarter -Corner cotnnon to said Sectiona411 and.: 14 •thence S. 89'39'45"'W. 2640.33 feetvalong•the=.eoutfte>ly'line..`,° of quid Section 11'to the corner common to said Sectionsk10..-11.A '14 and 15 °the. point of beginning. • Together.with a perpetual, non-excltisive:easemnnt8ixty''(bO); ',�; feet'widc over, along and:across a strip bt land describedlas follbwst4 • • 1, r trip o. land 60.00 feet in'width 'to be used as,a;:Qermbneht ric. t -of -way situated in the •NE;S1P SE4Ns4:, '�W:NE;, rcNWi5E►r, S y SLi7;E1/4, NE:NEk of Section 10;t -and the Nk,•NW► SWkNW)s. Section 11 n11 in Township 7 South, Range 92 West of'the�;Sixth,Principa1,. i'="vidian, and -the following centerline more part fcul'ayriydescriblt;d ac follows: r �.,. t t �,Y o iG� •? !I •k a t:' L -crofting at on iron post with`brass cap attached being(*a7 carter corner co,mon to Sections 3 and„10 of -.said Township ana..ar.. 1-..e; thence S. 27'20'40" W. 2976.52"feet to a jtb .nt:'on:the •• ' rr",:;terly right-of-way of County RoadNo. 331,: the truelpoint of b..•t,inninq; thence N. 09'09'44".E..1154.55 feet;.thence:S:87• 31 ' u 4" r. 250.85 feet; thence'N. 69'09'44" E: •916.17.'.feetithence: Alcor; 1Lc arc of a curve to the left 291.25 with a. radius of '493.74' fct't tht" chord of which bear:.:N. 72.15'481E. 287.05-feetr. thence 1:. ;5' ? ' Sl" E. 2141.34 feet;.thence along 'the arc of•: a ctirve to ,r tc• riu;.t 151,,93 with r, radius+"of 100.97'feet the' chordof':which t r>,ars 82'52'22" E. 134.26 feet; thence' S. .41'06'367; ;r. 222.95 f - -t; t; 11,. neat ,.long the arc of a curve to the -left 161.06 with:e " 'r4 r•t'1un o1 60.37 feet the chord of Which bears.N.162.28'01" E. 117.38 feet; thence N. 13'57'22" W.'256.70 feet; thence along the arc of a cu1ve to the left 198.34 with a radius of 630.78 feet the'chor of whirl, beors N. 22'57'52' W. 197.53 feet; thence N:, 31"'38'22" W.' . (t 214.70 ft; thence along the'arc of a curve tothe right.196.88 - >^ 1t It u 1 .1:i1un of 155.P0 feet the chord of ..hich bears N.:19'25'53" W; -;f 1 •' . 35 !tot; thence N. 07'.1:$'25"W. 918.17 feet; thence along the are' of cu:ve to the right.67.56with a r,dius of 113.17 feet the ---d of which 1 rt:rs N. 40'45'38" E. 100.39.fect; thence N. 88'1' 1". 616.16 feet; thence -along the arc•of a curvet the right'''- yith a r;acliur. of 6,188:02 feet the chord of which beans 1:... .. i" :i'::•:' E. 199.97 feet;;thence S. 89"2<'O5" -E. 760.65 feet; then:•e,'. t:tc, arc of a curve to the left 199.08 with a radius of 849.65 the c•hnrd of which hears N. 83'53'17" E. 198.63 feat: thence N. 10'2:- E. (,00.05 feet; thence along the arc of a curve to the 1".19 with a taCius of 906.57 feet the chord.of which bears . .'1'2"'17" E. 1t)u.79 feet; thence N. 89'45'5P')(E. 168.23..to the 7..:••,-f•f•.,th centerline of Section O1, whence the North Quarter Cotner c t 7.c•ct t c:n 11 be;+r s('N. 00'19'57" f;,' 30.00 feet; thence N. 89'45'58' E. 1.i. .3: feet; thence N. Op'16'45" W. 30.14 feet to a point.on thr line common to said Sections 2 a:.d 11. • Said eusc:nent to be used jointly by all parties hereto, their successors and Pr:signs Lor purposes or ingress i.nd egress, utilities end drainage trom the said County Road to the tract or-.. trects of land,or without limitation; any portion thereon owned ie r.rtics hereto i.n ec , and 15, Toc,n,,hip 7 South, Y.anrc 92 West of the bth P.M.; reserving, however, to Grantors herein, the right to dedicate said easement to the public on or before January 2, 1984. Grantors, upon written petition signed by a majority ot the then record owners ot all parcels served by said easement (without regard to the size of the parcels) duly presented to Grantors at any time prior to December 15, 1983 requesting such, dedication shall execute and record such dedication within titteen calendar days ot.receipt of said petition; provided however, that, Grantors' obligation be limited to the execution and recordation ot the dedication document (s).'It is the express intention of all parties hereto that Grantors not be liable tor any other expense pre -requisite or result ot said dedication; whatsoever. Vi. Stedman B. Amory • • • kyr„ (`tit ` 1 Cornelia Amo y Gera •d 0.-10 er-1.h.4 -in= '+. c .) • 1 1919 " Reser. t 2,91.51/1 kilt:red A leclorf, P.:corder rim pnr.iyi pervi.b.o se loafer.. 61111”.4m1 by fhb ! .1.teml• Pool i r•f•s, o...i. M. 1;4411 ,•••41, •SPECIFIC PERFORMANCE CONTRACT (VACANT LAND) For use in tale of ' VACANT LAND ONLY: t v / . • t • . ' - ' • January ,41--..-- / • le 22_ •,....i.... RscEran FRobti.4.LINIfil .' LOP/if-NT' -"CORP. )4: 1.).• i '',.:,, f• , . Ye,.).,i7.iii; , • 4tit , pi re.basii.,oreitnnt-tetnents44,1*4•anin ,L14111112t4;;;•• ' •-•-•:• `...,' -,..:•••••,;•,; .41 . , In the. feral of- check !,,,•••-,c ,•-4 -z:r• •••''''''4f'''-:tiiebillield by '''' -ifeeider Real ry - • ; brokei, fri his elieroirotr: trustee account; no earnest !money and part tioyiniud,foetlia fojletrin- 1 described real estate situate bi the • ' :i'''''i/4".6.!.;:k • '' --; •,, ••- -,'• : eountra...:,,faArileislAt r L. - ., • -e:YI ',,olorsdo, =Isom described ',W.A.': on ExhibitA attached.,:hetetoandmtide:; ' -art fhaieof).,:,,,,L4.' -.1i7,1:. .,,;;Ifilf,./.1:",i',...1 ,: .f:.,..; ..,. ,Ir.44-'44,,tOt.44"'",•:0,:•'4•4 ..4. 4.' k -6,11,41211.0-4.i.,,,L13-4'.'71.e.,.E1!,,4i'J'00!',1:4•0:1;i:/,.,71,14.94et":7..,..tf-')..,-4-,..:-0,:;'''' 1, . —4T . v 0 ,. • A s `..,.......Y eioit ee in.. • ; , ?J',' .0, 0.• •-•r: , "14,4.4'f,$1;:•ti'ii- -•.•:,':` 4;--.' • :.1t1 .. vis .,, ,, "f.. V.,.1:';ft, i %,,,o, •,-r7 V r•w,!!4!,0., l'ectt•il!,t7zi 4. 44' i'' -,.1.4.ifl4,1kfl%fil:11t4 ,, kv, ., `.1 •.. • J , , ,r.,A , / .... ,4 i• i i ." "s-tn -ii-14''' h)t, s • 1 ' /I, -le iiir .i, :.•.,.,i.,, , 4,1 ...+.0,41,}•-, . : ,•..4:4,..!:;:4,,.. ....Ge L, ,,,,-;,,, P• • ' ....p(1 , 4, , :.ti,.,•fit-...,„ ,r, ., , ItZ-''.!..'. :':. • ,4 '•-.'" • .7.i *;41t;7t1:,1)f;\ I r 9i )k. * ,.., •)1471', i,';''''', ••:,,..-.P,..:•••,t,t.:, '1 ing.terniii-ond mnditioni lif::tho'Parchavie price of $ '72,333:00-S' ":;lityable islollisier..14 4 %yid. gin eesements und'elklitei :may appurtenatrt7thertio; whichinopert3i "purchaiai7-agrein rteeipied foe;'$ '38:2.99. 89 _glia.11 be -paid at elosing .and the. bare:alp ,'!.; .$28,933.20 ahall.berrepresented by :a.,i)romissoryjicita: payable ttro.':2Riiilk". monthly installments.; which if, paid each monthjor:„a period: of;;Mtiretaiiit. including interest st the rate of :JO. J/ 4X per annuini`-'sould 'payt;i.a.te4$11.1111101; in full: provided, however, the entire unpaid,halattiV, shalt b041,Sliitilifqii: 3 Yea re f :cm date . of 'said promissory. note ;' ; The •-promissory,•mottAhltilWk secured by a mortgage on the sublect..premiami? whle11:41..-;111,‘‘,4!et",getil#t-g#,Iit 1.1en of thc security to he given br PUrchaser as dilscrihcd ln paragraph 9(D):hereof and shalt sei•';01.12;;qutiq' releases thereof as described in Paragraph 9CC); h•retOf " PricetairsimileN k••• •••'•O'' Y'r 4Vi4 • ••- • . •",.• lxx Ming.= koi )13 ttli.ISAI-14 NO:PlidtAIXAX00411741POIX11154514/(4, runt:. eammItinent fdil; , 411 tunIlnL oil .al 11 too pun halm prire, at seller's St•ZWIPtikilfroxpetiso; Mall be fundshod the pilreheset ott. se _,I.knuarr : • KltARP1Knit4Ifixtgchlifilf.-11),ARSIMIExtfahlKIPDMIC410f00111ijighifit r.ijl Ili • • i.• policy to purchaser after closing and pay its prundom thiseebts.14.eite4.,. 2. . I tnerrhaulable In the Seller. Subject to payment orN:erider as above' in:wilted 1 1•..•t1r tciii ro.,1 roviditions hereunder hy purchaser, the seller shaltexacuto and delweetf prf./1W lulolintr• ".11r1211., . •_ warranty deed to said purchase). on....._L,11111usry '16 e. 022 „ iterviroi..it. at an earlier dute, cut,veying sankprope-ty free and clear of all taxes, 'Relit thiienexill.taitea:.'• Jannnry 1, 19..80_SIltidu4tUllIK.I.' ' -•- - - - . —; free and clear of all limns for specnioalnlmpre7nfentsv .noi,. ..b•nr of all liens and evicomlirnnek exrepe.7 t: , • . , • e"•• • •••'.1,.•••• , ••••: ••• .• • • , . . rt. • ••• • ,-.*rind rights of•,way,',W fell wild.; not prohibitor scsatriai..t1A-,,:,,te,..,,. ' r. ,:ale i t property .In parcalir'oonrainIng 35 Sores nore• Or • ineral rvsit fonu and oll and qaa leases ; . reservations !And' eseefit1sins'.'•4'!X• . IA1;1. .•111.11nuol t ed Staten Patents; ... • — i;t5r" t t.. mrd Tonsil( modatIcasacanocasodavalasitxrsrsrkisyrszassactxx !•••••• •••,.,• for tined on 197a— li•Ny and 19.7../3 assessment), pessibsiskisatirdaasibuiraocit -1.....1 . • .•!' 1.• ..1,T..1.1, .,. d t., date of dt•liv.ry of d..,,4, • • '7.-....!Ft,7 -,iit•Pi.,:, . - t,..,, L „. ir, r 4 ' V '1 .4. '•,c ‘ .t.. l'orlormaa. Its.ebet .Varbal Aa41—.P.Y*111,04 iv1,1•4 4.*..1&24-111 Stost Iltrort, Dounkt. , „ , , • 4, • s4..i 41110141. • • -•!...1x•:321 4. The hour and place of closing shall be as uesignated by mutualAgreement of • DO r Ues 5. 1'.,aseeaion of premises shall bre delivered to purchaser en date of c1t,Ain)t xubieet to the following (eases or tenanelee: 0, In the event the promises are euhatandally damaged by fin. flood of other euualty between the date of tftts, agreement and the date of poesesalon or the date of delivery of deed, whichever shall be earlier, this agreement marl. at tho option of the perrhaser herein, be declared null and void and any deposit herein made shall • be Immediately ::returned ! returned to purchaser. ' . ' • 7tr:t{, ;i3 '.; i.N81' ? < EXHI BH !\ tv• ;121. Attached to and forming a part of Specific rerformip,0 Contract between Sudan B. Amory and Cornelia K. Amory a, S.Alers and the Timberline Development Corp. as Purchireerdated Janaary , 1979. A parCel-of land_being described as Inc NW4NW4 of Section 12, N1NE4, S1l4NEA and part of SFANW1 of.SectIon Mali in Township 7 I;o0fh, Range 92 West of the Sixth Principal Meridian, mire particularly described as follows: • . • ., • Beginning at ite quarter corner CoMmoa io Sections 2 and 11 of said Township -end Range, the true pelnt ot beginnitT4 thence along the north line of Section 11 'N 89°45'58' 2630.59.,feat to the section corner common to .T.:SectIons 1.'2, 11'and 12; thence alone NIG north Ilno of Section 12 WZB°16'19" E 1312.48 foot to the nor,heest corner NW4WW4 of Section 12; thenco S 00°09118" W 131513..feet to the southeast corner of said lhencejS 88°21'14" 1C1314.05 -feet to the soufhwest'cornor of said ' -:NWiNlik being the.Same es ihe'section line between Secilons 11 and 12; thence S 89°44124" W 1316.51 feet to the northeast corner SWINE 1 of said Section 11; thence:; S 00°1647" W 1313.91"feeito the southeast corner of the SW4NEk; . - thence,' S 89°42'51" W 2635:46.fget'to the southwest corner OCthe 5EINW4.; ;•:=':-;of said Section'11i thenca.i,J1 45 05'33" E 1871.30'feet to thenOrtheast ,coi-ner of theSE4NWi; thence P1 00°19'58" E ",1314.52 feetto their:true point. ',, -.• Srld.parcelyZjand contains P8.60 acres ,, -:More or less.: ••• •;: • • • ' • - • ir A-stiip of land 60.00 feettirr.widEh to be used as isPermanent41 right' -of -way situated in the NE:SA, SE:NA, SANE114',NASEls:Al, • SENNE1/4, NE1/41101 of Section 10: and the N1/2 NA, .SAN11/4 11 all in Township..? South, Range 92 Nest.pf the Sixth Principal.4, Meridian,- and the following centerline more particulair.14Pidescribed as follows: - . • • Beginning at an iron post with brass capattached be 11g.etwitnees",- quarter corner common to Sections 3 and:,10 ot taid..Township,and;20 Range;.- thence S. 27'20'40" W. 2976.52 feet to a poirri.onthe:',.• easterly right-of-way ot County Road No 331, the tr,fiepoint7Ofg': Leginning; thence N.' 8909.44" E.1154:5feet; ' 31'04" E. 25P.85 feet; thence -N.-, 89'09'44" E. 916 17 thence along the arc of a Curve to the left 291;25 with a. :/i.aditis,of;4931"74 feet the chord ot which bearsAl.• 72'15'48" E. 287:'05.',1eOt; thence . - N. 5521'51" E. 2141.34 feetv'thence along the.ard:roi-;:urve tO the right )46.93 with a radiuS Of 1(10.97 feet the,-OhOrd--,,of.which bears S. 82'52'22" E. 114.26 feet; thence S. 4106'36" feet; thence along the arc ojr.ecurve to the left 161.06with a rialius of 60.37 feet the chord of uhich bears N. 6228'014 117.8 feet; thence N. 13'57'22" W. 256.70 feet,-thence-elong,the arc of a curve to the left 198.34 with a radius;of630.784!feetthe chord oi which bears N. 225752" W. 197.53 feet; Lhence. 3158'22" %4. 214.70 feet; thence:along the arc of a curve tothe!.righe'196.88 ; • with a radius of 455.80 feet the chord of which'bearm N.-19635'53" 195.35 feet; thence N. 0713'25"W. 918.17 feet; thencefaiong the ac of a curve to the right 67.56 with a radius of.113.17,feet thu chor,: of which bears N. 40°45'38" E. 100.39 feet; thancok14. 88".°' ' • 44'50" r. 826.18 feet; thence along the arc of a curve -..t.6 the right,. 399.98 with n radius of 6,188.02 feet the chord uf whichbears 8910'24" E. 199.97 feet; thence S. 89°24'05' E. 76065 feet; thence alwiq the aro of. a curve to the left 199.08 with a radius of 849:.85 ' - fee the r.t(.rd of which beirs N. 8353!17" Y. 198.63 feet; thence N. 77)0.17" 1. 600.05 feet; thence alongthe arc of a curve to the:. /10' 199.19 with a radius of 906.57 feetthe chord..'of which beara r 1"28'17" L. 198.79 feet; thence 11.89°45"-)8" E.,,168.23 to the rorth-outu centerline of lection 31, whence the'Voth Quarter Corner of :i.ction 11 bears N. 0019'57" E. 30.00 feet; thence N. 8945'58" E. EL.,. thence N. 00"16'45" W. 30.14 feet to a point on the corrunon to said Sectiont; 2 and IL. , -• • • ti EXHIBIT B. Yn.: Attached to and forming a part of Specific Performance. Contract bitwean4Ce. Stedman B. Amory and Cornelia K. Amory as Sellers and Timberline4DeveloP!,; went Corp.`aa Purchaser dated January ' !C , 1979. N;t Y ;.+�' ri2t, w'77 3 F• � ps+v r l it '` , 9. Additional Provisions: y " . p V ^� st f'f 1979 A. Sellers shall furnish to Purchaser, on orbiting Apti tat a plat of survey of Parcels F, J and 0 depicted on Exhibit C.attanhed,n; hereto and made a part hereof, which shall describe each Parcel in.its'. entirety, shall recite that each corner of each parcel'is pagged with Js permanent metal stakes and shall be certified as true and accurate y a surveyor licensed in the State of .Colorado {_�' .r i �:- ,,,t1,.. • B. Sellers have heretofore orally agreed to.Mbnstruct.aiokdway extending along the easement described on Exhibit. JA',lt.reof." In 1iiu4,� thereof the parties agree that Purchaser shall belgradted,Ona;:yaar.fi date of closing hereof to construct such roadway -and 9e11sre.s all"pay up to the sum of $10,000.00 for such;construct_on. To'facilitate:this. «~Mi Sellers shall deposit with Robert J.'.Richardson,.attorneyi-at-laws:tha sum of $10,000.00 on date of closing.hereof and he shall, deposit,:t sr<�, same in his trust account and disburse the entire eds'aae:follovet&AAle A2 1. Upon delivery to him of statementsi,bill otaittOtees:,fo labor and materials expended by Purchaser in consfructiod;of,the ; road. pay to Purchaser the amount thereof, not'to exc�ee ;h0 5r the sum of $10,000.00; ". '.: 2. Upon the expiration of one year from data of c10 itlg;ip to Sellers all sums remaining on deposit in his treat accOuntnotN�i expended as above provided.. ft�z 't',*;:le / a�. , Sellers further covenant and agree to cause to be staked- . liceni:vd surveyor the centerline of the roadway and the centerlihi'.?0f, roadway co he constructed on the real property described on Exhibit.isnde: hereof oxtending, from the easterly terminus of the 'above roadway.' _ . extending easterly nlong the northerly boundary of Tract F depintsd.bny ''. 1'ehlblt C, hereto, thr_nce southerly along the easterly_ boundary' 'Of: iliid Tract F. Thi staking shall be completed no later than'fifteen_dsye�S�.: ':,ihecquont to receipt of written notice from Purchaser Of 'it. •intSI � f ' ommcncc construction of the roadways. ., * k •'.4� 4[ x..,i s' In the event Garfield County requires the dedication' ibe roadwav to either the County or thu public. Sellers covenent'et'i alike to make such dedication.^p r r k���� C. Sellers shall grant to Purchnaer partial releasee of . ., decd to he Oven'by Purchaser to Sellers to saeire the balanCS t. • ;' putchm.e prise hereof upon the fu1loviag terms and GondtiOnet' -.!Ser,- , il rig .'; 1. Payment to Sellers of the sunlit 00.00! poo the balance of the promissory note which the*rtgage deed menu each acre requested to be released. ,,,,l', T+ 2. All requested rel shall be.dsicribbt�by sui 3. All costs of ' • ,t .. obtaining partial:releassm /�fal1Tbi�•b _ .' i +., ; ,. r: J L ,, 4. , Purchaser. �. t� 'ia,t, r•>r::> ' 1' «`✓�' � ' .`N''IETM�ij if .s 'ar 521 D. The within contract is contingent upon Purchaser obtaining a loan trom a commercial bank in the minimum sum of 60% of the total purchase price, at an interest rate nrt to exceed 10 3/4% and payable over a period of five yearn. If such loan commitment ie not received on . or before 1 day prior to date of closing, the Purchaser may declare the within indenture null and void and the earnest money deposited herewith shall be returned to it. The parties shall thereafter be reliehed of: all further obligations hereunder. cf. . E. Purchaser hereby informs Sellers'that Dennis. Al Crull is one, of the principals of Purchaser. It further states and declares r with( respect to Dennis R. Crull, as follows: • t ...spi `P " ? (a) He is a real estate broker licensed in the State of, Colorado; zt (b) His principal occupation is that of a real estate brokdt and a substantial portion of his income is derived from commissions 'i earned in acting as a broker in real estate transactions;„t, + . 1 �•:10 (c) Purchaser is purchasing the property the -subject hereo for its own account and forthe purpose of reselling, leasing or.' �. otherwise utilizing the property for its own personal gain and that'» of its stockholders. L,,4.;. C. "» '1t ;vb.,'? • S,]lers agree to sell the property the subject hereofyto ' ,4. tt Purchaser with fully knowledge and undemanding of.the•above facte',Undt by execution hereof, give their. informed consent thereto. `�4�is��;,;�`a' +'44 -.-...1., .1104rr1 • t l rrti21 ,:li) •"• J 411' �a.r u, f 1+•H+:rii1-� r/ l 5 'v . ..._ 1 .c• 34 • •',t a., r 1,. • n • • ix I • jj Silt "o�rcN .tv�d1 e • - -•rt•• ---. id' T', 'I 1. • �r *. 4).'� 7.'!•O: i Yr,_'. :4 Ity..tp \1n B C 6), sr • r. a1111 IUE• • • :1• 71. f .'iu f1 rI_ •-• .5 • �Jt'c'"t..•. • i. -'l .• ' • ?t(} - 4y EXHIBIT C ,; M• :' .;.' Attached to and forming a part•of:Spectflc Performance Contract between ` Siedman B. Amory mud Cornelia K. Amory as Sellers and the Timberline-%Developmant etre. as Pur,haser dated January /(' , 1979. S"E 7/Di✓S / 23 /O // /2 /S Tai EA) 7OwNsq/, 7, "Q/Yi, )C FEE 3.80 569 61. 1. "ecorded at o'clock M , Reception No. t,cr. WARRANTY DEED THIS DEED, Made this 3rd day of November 19 88 , between RALPH CERVIN of the said *County of Garfield State of Colorado, grantor, and BOB EICHER AND EMMA EICHER whose legal address is P.O. Box 1536, Rifle, CO 81650 and of the said County of and State of Colorado, grantees: WITNESS, that the grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado, described as follows: SEE ATTACHED "EXHIBIT A" also known by street and number as County Road 33, Silt, Colorado 81652 TOGETHER with all and singular the hereditaments 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 grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and pc:rsonal representatives. doer. cover.::::, grant, barg,••in ar:f1 agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid. and that the same are free and clear frons all firmer and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,except easements, restrictions, reservations, and rights-of-way, all of record, and real property taxes for the year 1988, not yet due or payable. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREW the grantor has executed this deed on the date set forth above. RA PH CERVIN STATE OF COLORADO County of GARFIELD The foregoing instrument was acknowledged before me this by RALPH CERVIN *If in Denver, insert "City and." 3rd day of November ,1988 , Witness my hand and official seal. My Commission expires April 25 . 1991 Notary Public No. 921A. Rev. 3-85. WARRANTY DEED (lb Joint 1bnanls) 9raJfor,I Publishing, 5825 \V. 61b A -e , L akewnal, CO 80214 — (303) 233.6900 1-88 (�,r • • bkp115IT A parcel of land situated in the NEhNE3, Section 11, NW3;NW1/2, Section 12, Township 7 South, Range 92 West of the Sixth Principal Meridian, lying southerly of the northerly boundaries of said NE3NE3 and said NW4NW3, and westerly of the easterly boundary of said NW3;NW34, more particularly described as follows: Beginning at the North Quarter Corner of said Section 11, a rebar and cap in place; thence N. 89°45'53" E. 1497.64 feet along said northerly boundary, also being the northerly boundary of said Section 11, to the "True" point of beginning; thence N. 89°45'58" E. 1132.95 feet along said northerly boundary to the Northeast Section Corner of said Section 11 a rebar and cap in#place; thence N. 88°16'19" E. 1312.48 feet along said northerly boundary to a point on said easterly boundary, also being the Northeast Corner of said NW3NW1/2, a rebar and cap in place; thence leaving said northerly boundary, S. 00°09'18" W. 685.35 feet along said easterly boundary; thence leaving said easterly boundary, S. 89°57'14" W., 2440.20 feet; thence N. 00°14'49" W. 643.11 feet to a point on said northerly boundary, the "True" point of beginning. COUNTY OF GARFIELD STATE OF COLORADO )c Fee .10 Re^nrd euat o'clock _40 s:eception No Record. THIS DEED, Made this WARRANTY DEED IST 19 90, between RALPH CERVIN day of of the * County of and State of Colorado, grantor, and ROBERT EICHER, EMMA M. EICHER, JAMES BRACKEN and LISA BRACKEN ALL AS JOINT TENANTS whose legal address is P.O. BOX 30, SILT , CO 81652 of the County of Garfield and State of Colorado, grantee: WITNESSETH, That the grantor for and in consideration of the sum of Ten Dollars and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of and State of Colorado Described as follows: Garfield See Schedule A as known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, docs covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 1990, not yet due or payable The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. RALP CERVIN STATE OF CatkiiRRX by County of Bpvmer } SS. The foregoing instrument was acknowledged before me this RALPH CERVIN .1% day of Csiatoiserrlibri• , 19 9 0 , My commission expires £ .S.0 M oa¢X" 3 , 19g4 Witness my hand and official seal. Ci r) • • *1f inr9c5 ver, insert,,City and tk•irt4dt\ .f:)(%441%, Notary Public �� o, 932A. Rev. 7-84.+." WA'iiRANTY DEED (For Photographic Record) Bradford Publishing. 1743 Wazec St., Denver, CO 80202 — (303) 292-2500 — 3-90 -''"r""*"" 90017750 SCHEDULE A PROPERTY DESCRIPTION ORDER NO: 90017750 A parcel of land situated in the NE1/4NE1/4 of Section 11 and the NW1/4NW1/4 of Section 12, Township 7 South, Range 92 West of the 6th Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the North Quarter Corner of said Section 11; thence along the Northerly line of said Section 11, N. 89 degrees 45'58" E., 1497.64 feet; thence S. 00 degrees 14'49" E., 643.11 feet to the True Point of Beginning; thence N. 89 degrees 57'14" E., 2440.20 feet to the East line of said NW1/4NW1/4; thence along said East line, S. 00 degrees 09'18" W., 300.43 feet to a rebar and cap L.S. 19598 in place; thence S. 88 degrees 17'38" W., 2438.87 feet to a rebar and cap in place; thence N. 00 degrees 14'49" W., 371.09 feet to the True Point of Beginning. COUNTY OF GARFIELD STATE OF COLORADO TOGETHER WITH AND SUBJECT TO ANY AND ALL ACCESS EASEMENTS AS NOW IN PLACE. Form No. GWS -25 APPLICANT OFFICE OF THE STATEANGINEER COLORADO DIVISION auFWATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 • SELF WELL PERMIT NUMBER ///?7 - DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: Block: Filing: Subdiv: ROBERT A & EMMA M EICHER LISA L BRACKEN P 0 BOX 30 SILT CO 81652- (303) 876-2146 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NW 1/4 Section 12 Twp 7 S RANGE 92 W 6th P.M. DISTANCES FROM SECTION LINES 5100 Ft. from South Section Line 4300 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDfT1ONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The well shall be constructed in accordance with the variance granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors on July 28, 1995. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 55.6 acres described as that portion of the NW 1/4 of the NW 1/4 of Sec. 12 and that portion of the NE 1/4 of the NE 1/4 of Sec. 11, all in Twp. 7 South, Rng. 92 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit "A" Approved for a change of legal description and for the relocation of an existing well, permit no. 111876. The well constructed under permit no. 111876 must be plugged according to the Water Well Construction Rules within ninety (90) days of completion of the new well. The enclosed well plugging report- form must be completed affirming that the old well was plugged. 5) The use of ground water from this well is limited to ordinary household purposes inside three (3) single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on a farm or ranch, and the irrigation of not over one (1) acre of home gardens and lawns. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. This well shall be constructed not more than 200 feet from the location specified on this permit. . t OVVN ITS CODY APPROVED JD2 7/Z, State Engineer Receipt No. 0388508 DATE ISSUED SEP 0 7 1995 ©Y EXPIRATION DATE SEP 0 7 1997 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ihiGINEER COLORADO DIVISION DATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Deriver, Colorado 80203 (303) 866-3581 ROBERT A & EMMA M EICHER USA L BRACKEN P 0 BOX 30 SILT CO 81652- (303) 876-2146 PERMIT TO CONSTRUCT A WELL • SELF WELL PERMIT NUMBER ///7 - DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NW 1/4 Section 12 Twp 7 S RANGE 92 W 6th P.M. DISTANCES FROM SECTION LINES 5100 Ft. from South Section Line 4300 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The well shall be constructed in accordance with the variance granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors on July 28, 1995. Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 55.6 acres described as that portion of the NW 1/4 of the NW 1/4 of Sec. 12 and that portion of the NE 1/4 of the NE 1/4 of Sec. 11, all in Twp. 7 South, Rng. 92 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit •A" Approved for a change of legal description and for the relocation of an existing well, permit no. 111876. The well constructed under permit no. 111876 must be plugged according to the Water Well Construction Rules within ninety (90) days of completion of the new well. The enclosed well plugging report form must be completed affirming that the old well was plugged. 5) The use of ground water from this well is limited to ordinary household purposes inside three (3) single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on a farm or ranch, and the irrigation of not over one (1) acre of home gardens and lawns. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. This well shall be constructed not more than 200 feet from the location specified on this permit. (9.. D rt APPROVED JD2 State Engineer Receipt No. 0388508 PUMP ISTALLER'S COPY DATE ISSUED SEP 0 7 1995 J) By EXPIRATION DATE SEP 0 7 1997 FORM NO. GWS -9 7/b9 STATE OF COLORADO OFFICE OF THE STATE EN EER 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 For Office. only Viso d a ? TYPE OR PRINT IN BLACK INK WELL ABANDONMENT REPORT ABANDONED WELL NUMBER IF REGISTERED 1. INDIVIDUAL/COMPANY RESPONSIBLE FOR PLUGGING NAME(S) Mailing City, Phone Address St. Zip ( ) 2. ACTUAL WELL LOCATION: COUNTY _ PROPERTY ADDRESS (Address) (City) (State) (Zip) 1/4 1/4, Sec. Twp. ❑ N. ❑ S., Range ❑ E. ❑ W. P.M. Distances from Section Lines Ft. from ❑ N. ❑ S. Line, Ft. from ❑ E. or ❑ W. Line. 3. I (we), ❑ CThe report that an existing well was plugged and abandoned for the following The well was plugged and abandoned as required under the conditions approval of Well Permit No. . reason(s): of well was/not in use and was abandoned. Other (please explain) 4. The well was plugged and abandoned according to the Water Well Construction and Pump Installation Rules on , 19 . 5. The well was plugged with the following materials placed at the indicated intervals: AMOUNT AND TYPE OF MATERIAL METHOD OF PLACEMENT INTERVAL from feet to feet from feet to feet from feet to feet from feet to feet INTERVALS OF CASING REMOVED/RIPPED IN FEET from feet to feet from feet to feet 6. I (we) have read the statements made herein and know the contents thereof, and that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.] Name/Title (Please type or print) Signature Date —INFORMATION— It is the responsibility of the well owner to have the well properly plugged and abandoned. The well construction contractor is responsible for notifying the well owner of the plugging and abandonment requirement. This form may be reproduced by photocopy or word processing means. Form No. OFFICE OF THE STATEAIGINEER GWS -25 COLORADO DIVISION I ,NATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT • SELF WELL PERMIT NUMBER ///67,7 7 - DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: Block: Filing: Subdiv: ROBERT A & EMMA M EICHER LISA L BRACKEN P 0 BOX 30 SILT CO 81652- (303) 876-2146 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NW 1/4 Section 12 Twp 7 S RANGE 92 W 6th P.M. DISTANCES FROM SECTION LINES 5100 Ft. from South Section Line 4300 Ft. from East Section Line ) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The well shall be constructed in accordance with the variance granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors on July 28, 1995. Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 55.6 acres described as that portion of the NW 1/4 of the NW 1/4 of Sec. 12 and that portion of the NE 1/4 of the NE 1/4 of Sec. 11, all in Twp. 7 South, Rng. 92 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit "A" Approved for a change of legal description and for the relocation of an existing well, permit no. 111876. The well constructed under permit no. 111876 must be plugged according to the Water Well Construction Rules within ninety (90) days of completion of the new well. The enclosed well plugging report form must be completed affirming that the old well was plugged. 5) The use of ground water from this well is limited to ordinary household purposes inside three (3) single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on a farm or ranch, and the irrigation of not over one (1) acre of home gardens and (awns. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. This well shall be constructed not more than 200 feet from the location specified on this permit. `l -7--15 APPROVED JD2 State Engineer Receipt No. 0388508 DATE ISSUED SEP 0 7 1995 )[JILLER!S By 9]),__ EXPIRATION DATE SEP 0 7 1997 Form No. OFFICE OF THE STATE iNGINEER GWS -25 COLORADO DIVISION OWVATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT • SELF WELL PERMIT NUMBER /iX DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: Block: Filing: Subdiv: ROBERT A & EMMA M EICHER LISA L BRACKEN P 0 BOX 30 SILT CO 81652- (303)876-2146 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NW 1/4 Section 12 Twp 7 S RANGE 92 W 6th P.M. DISTANCES FROM SECTION LINES 5100 Ft. from South Section Line 4300 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The well shall be constructed in accordance with the variance granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors on July 28, 1995. Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 55.6 acres described as that portion of the NW 1/4 of the NW 1/4 of Sec. 12 and that portion of the NE 1/4 of the NE 1/4 of Sec. 11, all in Twp. 7 South, Rng. 92 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit "A" Approved for a change of legal description and for the relocation of an existing well, permit no. 111876. The well constructed under permit no. 111876 must be plugged according to the Water Well Construction Rules within ninety (90) days of completion of the new well. The enclosed well plugging report form must be completed affirming that the old well was plugged. 5) The use of ground water from this well is limited to ordinary household purposes inside three (3) single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on a farm or ranch, and the irrigation of not over one (1) acre of home gardens and (awns. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. b APPROVED JD2 State Engineer Receipt No. 0388508 DATE ISSUED SEP 0 7 1995 DRILLER'S RIG CO; By EXPIRATION DATE SEP 0 7 1997 August, 1988 RULE 11 ABANDONMENT STANDARDS 11.1 General 11.1.1 The plugging and sealing of all wells and test holes is necessary to prevent contamination of ground water and the migration of .water through the unused borehole. It is the ultimate responsibility of the well owner to have a well properly plugged and abandoned. The well construction contractor is responsible for notifying the well owner of the plugging and abandonment requirement pursuant to this Rule 11. 11.1.2 Persons authorized to install pumping equipment may plug and abandon wells which do not require the removal of casing from more than one aquifer or the ripping or perforating of casing opposite confining layers. 11.1.3 All materials used for backfilling shall be clean, free from contaminants and chemically inert. 11.2 Unconfined Wells - Wells completed into unconfined aquifers shall be abandoned by filling with either on-site materials, clean sand or gravel to the static water level, then with chemically inert materials to the ground surface. A permanent watertight cover shall be installed at the top of the casing. The casing may be cut off up to five (5) feet below ground level provided the watertight cover is welded or permanently attached to the top of the casing and the hole is backfilled to the land surface. 11.2.1 Cathodic protection holes, dewatering wells, horizontal drains, monitoring and observation holes, percolation holes, piezometer holes, sump pumps and test holes shall be abandoned either pursuant to Rule 11.2 or by removing all casing which was installed and by filling the hole(s) with drill cuttings or chemically inert materials to within five (5) feet of the ground surface. The top five (5) feet of the hole shall be sealed with materials equal to or less permeable than the top foot of the surrounding soils. 11.3 Confined Wells 11.3.1 Wells which were constructed through more than one aquifer shall be abandoned by placing a grout plug at the confining layer above each aquifer. If records do not show that the casing opposite each confining layer has been grouted when originally installed, the casing shall be either completely removed from the hole, or perforated or ripped opposite such layer prior to placing the grout plug. No plug shall be less than twenty (20) feet in length. 11.3.2 The well casing except for the grout plug intervals shall be completely filled to the land surface with chemically inert materials. A watertight cover will be permanently welded or attached to the top of the casing. The casing may be cut off up to five (5) feet below land surface provided the watertight cover is welded or permanently attached to the top of the casing and the hole is backfilled to the land surface. W RJ- 5- R evAli • Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. w CORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM (PERMIT TO USE GROUND WATER ( ERMIT TO CONSTRUCT A WELL FOR: (c/1 A PERMIT TO INSTALL A PUMP (REPLACEMENT FOR NO / / / '7Zo ( )OTHER WATER COURT CASE NO (1) APPLICANT - mailing address K- 1-3Ae K -c L. -4' t—ti-\mi4 11-"N • E----1‘ STREET 60 • i �� o CITY -5; '71 /D 6 /�0.� (State) (Zip) TELEPHONE NO -3- (2) LOCATION OF PROPOSED WELL County/i r9 F U 1"! L-. Y. of the JV L<.) '/4, SSection Twp. 7 S Rng q� a , 1p `� P.M. IN,S) (E,W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): 3 Number of acres to be irrigated: 1 Proposed total depth (feet): D Aquifer ground water is to be obtained from: C,l re e X— Owner's well designation GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) ('DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN (4) DRILLER Name Street City (State) (Zip) Telephone No. Lic. No Receipt No. / Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I D COUNTY .2 3 • (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. IA 1 MILE, 5280 FEET 1 4- - + NORTHI T +- I ION LINE 1 —I i 1 I 1 I I I SOUTH SECTION LINE -} + -1•- I —+—+—+—+ -4- r z m - The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE WELL MUST BE Llr.D BELOW by distances from section 5-I pi) ft from 56 (%`-/--' . sec. line (north or south) ft from G � sec. line (east or west) LOT BLOCK FILING SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Ownerh0a- re, 14, No. of acres --5• %d6 Will this be the only well on this tract? (8) PROPOSED CASING PROGRAM Plain Casing eLCr"/'"y re Ne54- in from ft to ft in from ft to ft Perforated casing in from ft to in from ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it: in) (10) LAND ��O��N,,WHICH GROUND WATER WILL BE USED: Owner( ,21-- a'L-1-- ' l'1 "t •- grim r,, - _ . 1-f No. of acres: Legal description• Sem �'!��"" Xn b' } 7'" -F (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. ' �l u— '�V1-� v%j c_j 24ve,/ l ,`yt S j / i ] t - lJ r /FYW n fq. � A r �? � r t7 CA r\ &1 4-J k ',- y 7L 'f t e K -d to, E., ai `, 4e N-. L . \ \ \e-- k 2. P=Y (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) \ '43c Description of land on which used (13) \'PP ICANT(S STATE(S) THAT THE INFORMATION SET FORTH HEREON IS \\TO THE B T OF HIS KNOWLEDGE. ‘ ‘.-4." ....., /---)____ SIGNAT ti c V .12• ICANT(S) H Use additional sheets of paper if more space is required.