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HomeMy WebLinkAbout1.0 ApplicationBEFORE THLIARD OF COUNTY COMMISSIIERS 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 Section 2:20.49, the undersigned Mark W_ & M P 1 i G s a T FF n g 1 i G h respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 2.7 6 acre tract of land into 3 tracts of approximately _ . 9 0 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: To allow for the construction of two new single family Residences. 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 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; 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. 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 mineral 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 of municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted with the application. Mark W. English Petitioner 1276 No Name Lane G.S. 81601 Mailing Address Glenwood Spgs Colorado City State (970) 945-7747 Telephone Number 1 • 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, and is 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) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, 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; B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; and E. All state and local environmental health and safety requirements have been met or are in the process of being met; and F. Provision has been made for any required road or storm drainage improvements; and G. Fire protection has been approved by the appropriate fire district; and H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. (The School Impact Fee is $200.00 for each new lot created). PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Department of Development/Planning Division. Two (2) copies of the application maps and supplemental information shall be submitted. R • • B. The Planning Division 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 m 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 Division. 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 procedure in these regulations. .ti WILLIS E.P�iti:.iISOx COUNSELOR AT LAW e ill 38,n00.00 30.77 39,630. '77 37,7v7, 7 Mr. John L. Dever Glenwood Springs, Colorado 81601 Dear Lawrence: You are leaving with me an executed deed and bill of sale to C.O. Dever and Geraldine M. Dever, with instructions that I deliver such under certain instructions from you. I think it best to set out the understanding in writing as follows, 3oThe gross sale price for the real and personal property�i.s $38,000. To such will be added the unearned but prepaid portion of the premiumion your home owner's insurance policy, and from such will be subtracted accrued property taxes for 1975, payable in 1976, to the date of sale, computed upon the basis of 1974 tax. \ 83 Jo Upon receipt of cashier's check or certified funds for the amount computed as above, payable to you. I am authorized to deliver the deed and bill of sale. 811 COLORADO AVENUE NUE P. O. 130X 008 GLENWOOD SPRINGS, COLORADO 81001 PNONE U 0D1 046-0+74 August 22, 1975 fl " / 617; The deed is a warranty deed, subject to all of the exceptions I can think of to which your title may be subject, but it is understood I have not examined the abstract. The abstract is now being brought to date at your expense, and I will deliver the abstract along with the deed and bill of sale. It is understood the telephone will be disconnected in the next few days, and that on the day of sale the electric and gas meters will be read, and you will pay all bilis for such up to that date. --ZZ._ CL -in/ Ljj,:.,. If you leave.any furniture or chattels, beyond that described in the bill of sale, in the house when you leave next week, that will go to the purchasers with-. out additional consideration. I will send the check to you 'mediately that I have it. If the sale is not closed before the end of 1975, this authorization to me will terminate unless you extend or alter it in writing. There is an informal understanding with the purchasers that if they or their heirs ever sell the place, they will first offer it to you or your heirs on the same terms and conditions as they are then willing to sell upon. You know this is not an enforceable arrangement and you are depending upon the good faith of J the purchasers and their heirs. If this correctly sets forth the understanding, please indicate your approval below. APPROVED: 115. 2/h. .�C.. /- L�-'VC- Very truly yours, •?../E ".-7t4-400N.• • • Attached to and forming a part of COMMITMENT No G-04-145-80 Issued by CHICAGO TITLE INSURANCE COMPANY The above referenced Commitment is hereby revised as follows: SCHEDULE A 2. Policy or Policies to be issued: A. ALTA Owner's Policy Proposed Insured: Amount $104,000.00 MARK W. ENGLISH AND MELISSA T. ENGLISH B. ALTA Loan Policy Proposed Insured: GERALDINE M. DEVER SCHEDULE B Section 1 REQUIREMENTS Amount $ 77,000.00 Item (b) 4. Deed of Trust from Mark W. English and Melissa T. English to the Public Trustee of Garfield County securing Geraldine M. Dever. This endorsement is made a part of the policy or commitment and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy or commitment and prior endorsements, if any, nor does it extend the effective date of the policy or commitment and prior endorsements or increase the face amount thereof. DATED: June 27, 1980 Authorized Signatory Note: This endorsement shall not be valid or binding until countersigned by an authorized signatory. . _., . I: r.1 -/J I NsuR ...... ttRPORAlf\ , 1 CHICAGO TITLE INSURANCE COMPANY ATTEST: Secretary. CIifse ti','11 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; alj subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." • Issued by: COLORADO WEST TITLE INSURANCE COMPANY 818 Colorado Avenue, Suite 101 P. O. Box 925 Glenwood Springs, Colorado 81601 (303) 945-2271 or 945-2272 thorized Officer or Agent CHICAGO TITLE INSURANCE COMPANY By: ATTEST: 7 President. Secretary. E E iviVoiriVAriljdriel0;,,,iN .0'714" F. 2880 CTIRB: 5-1-75 1. Effective Date: April 11, 1980 8:00 A. M. 2. Policy or Policies to be issued: h cagaTitleInsurance Comp* ` COMMITMENT FORWTITLE INSURAN�, SCHEDULE A A. ALTA Owner's Policy Proposed Insured: To Be Determined B. ALTA Loan Policy Proposed Insured: C. CaseNo G-04-145-80 Premium: Owners Tax Certificate $354.50 5.00 Amount $ 110,000.00 Amount $ Amount $ 3. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: C. O. Dever and Geraldine M. Dever 4. The land referred to in the Commitment is described as follows: F. 2881 A tract of land containing 5 acres, situate in the SE corner of the NE4SW4 of Sec. 2, Tp. 6 S., R. 89 W., 6th P. M., bounded on the North by the South line of the former State Highway (said Highway Location being approximately that of former U. S. Highway No. 24), on the East by the East line of said NE4SW4, Sec. 2, and on the South by the South line of said NE4SW4, Sec. 2 and on the West by a line parallel to the East line of said NE4SW4 of Sec. 2, at the distance necessary to make the 5 acres. EXCEPTING therefrom the lands (two acres) and the ditch and water right (0.04 of one cubic second foot) described in and conveyed by deed recorded as Doc. No. 228534 in Book 363 at Page 370 of the Garfield County records. AND also excepting therefrom the lands (0.238 acres), less rights reserved, as described in and conveyed by instrument recorded as Doc. No. 227359 in Book 361 at Page 411 of the Garfield County records. County of Garfield State of Colorado SCHEDULE A - PAGE 1 - NO. Page 1 SCHEDULE B SECTION 1 REQUIREMENTS G-04-145-80 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Certificate of Death showing the death of C. 0. Dever. In the event that the Death Certificate does not shown the name of the deceased as C. 0. Dever, than a supplemental affidavit must be recorded showing that the deceased was one and the same person as C. 0. Dever, who at the time of death owned the land described herein in joint tenancy with Geralaine M. Dever. 2. Release of the Colorado Inheritance Tax Lien upon the land described in Schedule A in the Estate of C. 0. Dever, Deceased, which must describe the deceased's interest as being in joint tenancy with Geraldine M. Dever. 3. Warranty Deed from Geraldine M. Dever to party to be determined. Item (c) Payment of all taxes, charges or assessments, levied and assessed against the subject premises which are due and payable. Tax Certificate enclosed. Item (d) Additional requirements, if any, disclosed below: SCHEDULE 8 - SECTION 1 - PAGE 1 - NO. F. 2882 R. 9/76 Page 2 SCHEDULE B SECTION 2 EXCEPTIONS G-04-145-80 The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. In addition, the owner's policy will be subject to the mortgage, if any, noted under item one of Section 1 of Schedule B hereof. 3. Reservations and exceptions contained in the United States Patent to the described property as granted to John C. Brown dated November 16, 1891 and recorded May 6, 1896 as Document No. 19327 in Book 12 at Page 421 including: Subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as provided by law. ). Easement for the Brown and Monroe Ditch and the J. C. Brown Lateral as it may affect the subject property. LO. Permanent easement for a domestic water pipe line granted by instrument recorded as Document No. 227360 in Book 361 at Page 413. ?l. Taxes or special assessments which are not shown as existing liens by the public records, and possible liens, if any, for taxes or special assessments which are not required to be certified to the County Treasurer to become liens on the land described herein. 12. Any unpaid taxes and 1980 taxes, a lien, not yet due and payable. NOTE: In the event of payment of any unpaid taxes, a copy of the Tax Receipt must be furnished to the Company prior to the issuance of any Final Policy. SCHEDULE B - SECTION 2 - PAGE 1 - NO. F. 2883 R. 9/76 Page 3 • • Board of County Commissioners Garfield County, Colorado Commissioners, Mark and Melissa English, of 1276 County Road 129, in Noname have petitioned the board of directors of the Noname Creek Water Association for water and the necessary shares to supply a two lot subdivision on their property. It is the wish of the board of directors to grant their request and inform you that sufficient water is available for their project. We intend to sell them shares in the association for the right to access that water. respectfully, Pau'f) G. / (4, president GARFIE•OUNTY BUILDING AND SANITATION DEOTMENT 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Phone (303) 945-8212 INDIVIDUAL SEWAGE DISPOSAL PERMIT N° 1978 Owner Mirk & Melissa English This does not constitute a building or use permit. System Location 1276 No Name LAne, Glenwood Springs, Licensed Installer Owner * Conditional Construction approval is hereby granted for a / %2 0 (6 gallon Septic Tank or lnerated treatment unit. Absorption area (or dispersal area) computed as follows: Perc rate of one inch in minutes requires a minimum of sq ft of absorption area per bedroom. Therefore the no. of bedrooms -� x May we suggest: ( r ' >; ) . T �. : , ,; 41' Date FINAL APPROVAL OF SYSTEM: Inspector sq ft minimum requirement = a total of<,:, sq ft of absorption area. 0 No system shall be deemed to be in compliance with the Sewage Disposal Laws until the assembled system is approved prior to cover- ing any part. 04‹ Septic Tank access for inspection and cleaning within 12" of ground surface or aerated access ports above ground surface. (9,k Proper materials and assembly. o Trade name of septic tank or aerated treatment unit, 4.72 Q Adequate absorption (or dispersal) area. Z 5 ` /, 1e ce 6 Adequate compliance with permit requirements. Z'291. /000 7a1 e)c, e o -r //Com•/cdc/oj-Cdrhd e/- sys eiv). (2 Pc Adequate compliance with County and State regulations/requirements. Other Date CP12 >/% Z Inspector V 1. ell RETAIN WITH RECEIPT RECOR'CONSTRUCTION SITE *CONDITIONS: 1. All installation must comply with all requirements of the Colorado State Board of Health Ihdividual Sewage Disposal Systems Chapter 25, Article 10 C.R.S. 1973, Revised 1984. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Connection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation of a requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing and material variation from the terms or specifications contained In the application of permit commits a Class I, Petty Offense ($500.00 fine — 6 months In jail or both,), Applicant: Green Copy Department: Pink Copy BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Sirs: I am presenting for your approval a request to exempt from subdivision requirements a plan to create three lots from a two and three quarter acre parcel of land in Garfield county. The attached documents clarify the exact location. The main reason for the subdivision request is to make it possible for me to construct a single-family residence for my family on what is titled Lot B on the subdivision plans. We currently reside in an historic home on Lot A or 1276 No Name Lane in No Name. It is our desire to be further away and somewhat buffered from Interstate 70, the No Name rest area and truck stop, and the Glenwood Canyon Bike Path. The secondary reason is to put this property to a more beneficial use. Currently the "backyard" is comprised of a defunct apple orchard, healthy scrub oak and large piles of rock. The Brown -Monroe ditch traverses the entire length. According to the Rifle Soil Survey this land has marginal uses except as a homesite. There is an occasional elk or deer that might disagree with this assessment. A case could also be made for three acres being too small for a farm and too large for a homeowner. As required by the Glenwood Springs Fire Department, a 20 foot wide, year around access road and a 6'* water line and fire hydrant would be provided. This is not only necessary for Lot C to exist but would be a benefit to the Rock Gardens Camp Ground to the east. The hydrant could also be of benefit to property to the west. (While 6" is the minimum pipe size allowed by GSVFD, it is also the maximum size of the No Name Creek Water Ass'n main line.) While I believe the approval of this request will benefit my family, Rock Gardens, GSVFD, the citizens of No Name and the Garfield County Assessor, I also believe it will provide minimal adverse impact to anyone. Respectfully Submitted, Mark W. English • • Averill & Eugenia Startup 1281 County Rd. 129 Glenwood Springs, Co 81601 Jerry & Dena Hammar 1245 County Rd, 129 Glenwood Springs, Co 81601 Charles & Penney Lynn Donelan 1260 County Rd. 129 Glenwood Springs, Co 81601 #027 #028 #035 Clem Lundberg 0020 Wildwood Ln. Glenwood Springs, Co 81601 #032 Kevin & Cindy McDevitt 0038 Wildwood Ln. Glenwood Springs, Co. 81601 #034 Andrew McGregor 0048 Wildwood Ln. P.O. Box 2841 Glenwood Springs, Co 81602 #036 Charles Lanci 080 Wildwood Ln. Glenwood Springs, Co. 81601 #039 June Woods 100 Wildwood Ln. Glenwood Springs, Co 81601 #041 Colorado Department of Transportation 4201 E. Arkansas Denver, Co. 80222-3406 #045 Rock Gardens Kevin B. Schneider & Kimberley S. 1308 County Rd. 129 Glenwood Springs, Co 81601 BLM- Dept. of the Interior Glenwood Springs Resource Area 50629 U.S. Hwy 6&24 Glenwood Springs, Co 81601 #046 RIFLE SOIL SURVE. SHEET 13 1"=2000' U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE Endnote -- WATER MANAGEMENT • WATER MANAGEMENT • PAGE 2 OF 3 05/23/95 This report gives information on the soil properties and site features that affect water management. The degree and kind of soil limitations are given for pond reservoir areas: embankments, dikes and levees: and aquifer -fed excavated oonds. The limitations are considered "Slight" if soil properties and site features are generally favorable for the indicated use and limitations are minor and are easily overcome: "Moderate" if soil properties or site features are not favorable for the indicated use and special planning, design, or maintenance is needed to overcome or minimize the limitations; and "Severe" of soil properties or site features are so unfavorable or so difficult to overcome that special design, significant increases in construction costs, and possibly increased maintenance are required. This report also gives for each soil the restrictive features that affect drainage. irrigation. terraces and diversions. and grassed waterways POND RESERVOIR AREAS hold water behind a dam or embankment. Soils best suited to this use have low seepage potential in the upper 60 inches. The seepage potential is determined by the permeability of the soil and the depth to fractured bedrock or other permeable material. Excessive slope can affect the storage capacity of the reservoir area. EMBANKMENTS. DIKES. AND LEVEES are raised structures of soil material, generally less than 20 feet high, constructed to impound water or to protect land against overflow. In this report, the soils are rated as a source of material for embankment fill. The ratings apply to the soil material below the surface layer to a depth of about 5 feet. It is assumed that soil layers will be uniformly mixed and compacted during construction. The ratings do not indicate the ability of the natural soil to support an embankment, Soil properties to a depth even greater than the height of the embankment can affect performance and safety of the embankment. Generally, deeper onsite investigation is needed to determine these properties. Soil material in embankments must be resistant to seepage, piping, and erosion and have favorable compaction characteristics. Unfavorable features include less than 5 feet of suitable material and a high content of stones or boulders, organic matter, or salts or sodium. A high water table affects the amount of usable material. It also affects trafficability. AQUIFER -FED excavated ponds are pits or dugouts that extend to a ground -water aquifer or to a depth below a permanent water table. Excluded are ponds that are fed only by surface runoff and embankment ponds that impound water 3 feet or more above the original surface. Excavated ponds are affected by depth to a permanent water table, permeability of the aquifer, and quality of the water as inferred from the salinity of the soil. Depth to bedrock and the content of large stones affect the ease of excavation. DRAINAGE is the removal of excess surface and subsurface water from the soil. How easily and effectively the soil is drained depends on the depth to bedrock, to a cemented pan, or to other layers that affect the rate of water movement: permeability; depth to a high water table or depth of standing water if the soil is subject to ponding: slope; susceptibility to flooding; subsidence of organic layers; and potential frost action. Excavating and grading and the stability of ditchbanks are affected by depth to bedrock or to a cemented pan. large stones, slope, and the hazard of cutbanks caving. The productivity of the soil after drainage is adversely affected by extreme acidity or by toxic substances in the root zone, such as salts, sodium , or sulfur. Availability of drainage outlets is not considered in the ratings, U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE WATER MANAGEMENT Endnote -- WATER MANAGEMENT --Continued • PAGE 3 OF 3 05/233/95 IRRIGATION is the controlled application of water to supplement rainfall and support plant growth. The design and management of an irrigation system are affected by depth to the water table, the need for drainage. flooding, available water capacity, intake rate, permeability. erosion hazard. and slope. The construction of a system is affected by large stones and depth to bedrock or to a cemented pan. The performance of a system is affected by the depth of the root zone, the amount of salts or sodium. and soil reaction. TERRACES AND DIVERSIONS are embankments or a combination of channels and ridges constructed across a slope to control erosion and conserve moisture by intercepting runoff. Slope, wetness, large stones, and depth to bedrock or to a cemented pan affect the construction of terraces and diversions. A restricted rooting depth, a severe hazard of wind or water erosion, an excessively coarse texture, and restricted permeability adversely affect maintenance. GRASSED WATERWAYS are natural or constructed channels, generally broad and shallow. that conduct surface water to outlets at a nonerosive velocity, Large stones, wetness, slope, and depth to bedrock or to a cemented pan affect the construction of grassed waterways. A hazard of wind erosion, low available water capacity. restricted rooting depth, toxic substances such as salts or sodium, and restricted permeability adversely affect the growth and maintenance of the grass after construction. Improvement Location Certificate SCALE I' -I50' '•N •8 37 8' BOOK 363 PAGE 37070 SHED BOOK 361 PAGE 41 • 1 •_ • 7 3• 164,93' SURVEY BASED ON HIGHWAY R.O.W. MARKERS. PROPERTY CORNERS ALONG WESTERLY LINE OF EXCEPTION LANDS AND HIGHWAY MAPS. NORTHERLY LINE OF PROPERTY HAS BEEN ROTATED TO MATCH TITLE BEARING BASE ALONG OLD HIGHWAY 6 24. 1 •22 3' $88' 18 00-E 164.90//� TDBE HOME LIJ 0 0 CV 0 a r• (1) .0 N 2.1 GRAVEL DRIVE WAY M FRAME HOME PROPERTY DESCRIPTION COVERED PDRCH 1276 NO NAME LANE (OLD HYWAY 6 & 24) 12.0" BLOWUP SCALE I--50• • o SEPTIC TANK SEE PAGE TWO IMPROVEMENT LOCATION CERTIFICATE I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PRE- PARED FOR MARK W. & MELISSA T. ENGLISH , THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, 06/22/91 , EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IM- PROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL EXCEPT AS NOTED. O oulmmurr,, \�4 \ AR Rriv IT IS HEREBY STATED THAT THE STRUC- TTIRFS T.fCATFTl ON THTF A}lOVE DFSCRIRFD• ./ �/ IN REPLY REFER To: • • United States Department of the Intri BUREAU OF LAND MANAGEMENT Glenwood Springs Resource Area 50629 Highway 6 and 24 P.O. Box 1009 as; Glenwood Springs, Colorado 81602 November 30, 1995 Mr. Eric McCafferty Garfield County Planning Department 109 8th Street - Suite 303 Glenwood Springs, Colorado 81601 EU 1995 GARFic..i_.L) Dear Mr. McCafferty: In response to your request for comments regarding the proposed English Subdivision Exemption located at 1276 No Name Lane in T6S, R89W, Section 2, NE1/4SDaa, 6th P.M., I offer the following statements for your scheduled December 4, 1995, public meeting. The southern edge of the tract is adjacent to public lands administered by this office. Current uses on the BLM include wildlife, fishery and riparian habitat, and dispersed recreation such as floatboating and fishing. 1. Ownership of land adjacent to BLM-administered public land does not grant the adjacent landowner(s) any special rights or privileges for the use of the public lands. 2. The adjacent public lands are not permitted for livestock grazing. The proponent should be aware of the location of property boundaries to ensure no encroachment occurs on public land. Should any fence construction be considered along the private/BLM boundary, the fence standards should allow for easy passage by big game. This office can provide additional information regarding fence standards upon request. 3. The adjacent public lands are open to dispersed recreation activities, including floatboating and fishing. The proponents should be aware that these and other recreation uses are allowed on BLM-administered land. 4. Any roads, trails, paths, or utilities (water, electric, phone or otherwise) crossing BLM would require right-of-way (ROW) permits from this office. An environmental assessment report would be completed as a part of the ROW permitting process. Thank you for the opportunity to comment. If there are any questions, please contact Jim Byers of this office at 945-2341. Sincerely, ')/L, Michael S. Mottice Area Manager • • November 27, 1996 GARFIELD COUNTY BOARD OF COMMISSIONERS 109 8TH St. GLENWOOD SPRINGS, COLORADO 81601 Dear sirs; DEC 02 1 tti GAAF &ID cx)uNry I would like to request an extension of time to present a plat for approval by the Commissioners. I received conditional approval of my petition for an exemption from sub -division regulations on August 5, 1996. As December 5 (120 Days) draws near I realize I need more time to complete all of the conditions outlined by the board. I am requesting an additional 120 days to do this. i-,4- d��-- Sincerreely, Mark W. English 6 11-28-95 • • DEPARTMENT OF EMERGENCY SERVICES Mr. Eric McCafferty Garfield County Planning Dept. 109 8th Street Glenwood Springs, CO. 81601 Dear Eric, EMS • FIRE • RESCUE NOV ' 1995 I have received your letter regarding the English Subdivision Exemption and have indeed discussed fire protection issues with Mark. He has agreed to install a fire hydrant on the new roadway. This hydrant's location will be approved by us prior to it's installation. We hope to see the placement in an area which can benefit both Mr. English's property as well as Rock Gardens and other surrounding property. The access to Rock Gardens was a suggestion by our department and I am pleased that it will be constructed. I have told Mark that the access should be 20' in width to insure that our vehicles entering as well as vehicles exiting can get through. As far as turn a rounds go, I have not required any at this time. We are extremely pleased that we will have fire flows available for the project as well as the improved access. You can consider this letter to be approval from us for this project. We would like to inspect the access and new fire hydrant to insure that they are constructed and operate properly. If you have any other questions, please give me a call. cer J. Jones Asst. Chief, Glenwood Springs Dept. Of Emergency Services cc: Mark English File 806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (303) 945-2575 • FAX (303) 945-2597 i i J 4-10-97 • DEPARTMENT OF EMERGENCY SERVICES Mr. Eric McCafferty Garfield County Planning Dept. 109 8th Street Glenwood Springs, CO. 81601 Dear Eric, EMS • FIRE • RESCUE .,, ' mak �_---•. AR 1 1997.,�� i 1.D C Y I have reviewed the new plot plan for the Mark English subdivision and offer the following: The property is within the boundaries of the Glenwood Springs Rural Fire Protection District and fire and EMS protection will continue as it now does. Because there is only one lot being developed, requirements of the Uniform Fire Code will only apply if more than two dwelling units are constructed. Mr. English has assured that the access road will be a minimum of 20' in width and he has expressed interest in a residential fire sprinkler system for his house in lieu of extending a large water line to the property. I will be working with Mr. English on these issues when construction begins. If you have any questions, please give me a call. Sincerely, Jack Jones Asst. Chief, Glenwood Springs Dept. Of Emergency Services cc: Mark English File 806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (970) 945-2575 • Fax (970) 945-2597 • Board of Commissioners Garfield County Colorado Dear Sirs, GAFifit:.L, LL1Ui i Y April 6, 1997 Please consider yet another extension of time to enable me to fulfill the conditions of approval for the English Subdivision Exemption. In order to show some progress on my part, I am submitting a preliminary survey plat containing the required plat notes and a check for the school impact fee. I realize that this is the final extension I will receive. Thank you for your consideration of this matter over the past. year. S _ cere Mark & Melis : English -04) /1;r- (Yd-17- Yr�l • • GA F!ELD CO UNT Y Building and Planning 1 August, 1997 Sam - This is a revised plat for the English exemption for a tract of land in No Name. Apparently, when the neighbor had his property surveyed for an exemption, there was an error along the common property line, necessitating a revised survey for English. According to our records, you reviewed the original plat and submitted a bill, which has been paid. If you have any questions, please call. Thanks, 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 Board of County Commissioners Garfield County, Colorado G.14,1991 ;moi 1i COUNTY fY Jui /777 Dear sirs, Mark English has purchased shares to provide water to his second lot from the Noname Creek Water Association. The board has decided to allow him to install the water line to that lot at his convenience, prior to development on it. • s i rXger Ki association president • ARFIELD COUNT" Building and Planning August 6, 1996 Mark & Melissa English 1276 No Name Lane Glenwood Springs, CO 81601 Dear Mark & Melissa, On Monday, August 5, 1996, the Board of County Commissioners conditionally approved your petition for an exemption from the definition of subdivision. The conditions that must be met prior to final approval are as follow: Due to the County Zoning Resolution's lot size requirements concerning on-site use of ISDS, staff recommends APPROVAL of one (1) lot at least one (1) acre in size, subject to the following conditions: 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. A Final Exemption Plat shall be submitted, indicating the legal description of the property, uuhlension alid area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. That the applicant shall have 120 days to present a plat to the Commissioners for signature, from the date of approval of the exemption. That the applicant shall submit $200.00 in School Impact Fees for the creation of the exemption parcel. That the applicant apply for and receive the necessary "shares" of water from the No Name Creek Water Association and provide for the infrastructure necessary to provide sufficient water to the exemption parcel, prior to authorization of an exemption plat. That the following plat notes be included: "Soil conditions on the site may require engineered septic systems and building foundations. Site specific percolation tests at the time of building permit submittal shall determine specific ISDS needs on the site." "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 • • Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "The individual lot owners shall adhere to all noxious weeds laws in effect." 7. That the Glenwood Springs Department of Emergency Services shall provide to the Planning Department a letter stating its approval of the new, proposed access. 8. That the access easement to the lots shall be a minimum 25 feet in width. If you have any questions concerning these conditions of approval please do not hesitate to contact this office. Sincerely, Eric D. McCafferty Garfield County Planner S Vn 10. f// 64 41 f d1.- 44�4 'fb ti �'�' f• '4'14 .' _ if 1yWYV�3"'L'AMXMM)'W', 'v No. 3082 ci. Afr i :r„ 0 T O THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN GARFIELD COUNTY, COLORADO A tract of land situate in the Southeast corner of the NE4SW1/4 of Section 2, Tp. 6 S., R. 89 W., of the 6th P.M., bounded on the North by the South line of former State Highway (said Highway location being approximately that of present U. S. Highway No. 24), on the East by the Last line of NE4SW4 Section 2, on the Snuth by the South line of the NE4SW4 Section 2, and on the West by a parcel of land conveyed to Georgia 0. Pratt by Document recorded January 28, 1965 in Book 363 at Page 370, Document No. 228534. THE GARFIELD COUNTY ABSTRACT COMPANY GLENWOOD SPRINGS, COLORADO Licensed and Bonded Under the Laws of Colorado ESTABLISHED 1887 a.r r a�•cc�-o°'s�.a-o-r.�."�a;r�-c�( (.( )-f, o r , ( 1/ ( Q' (IPA try v ! r .r.-'zr^o'cx<_.v �-o +r:a-�.-•i•»ruaao^a tr:1J-*: ) (t') { a r ) (, 27 .) ( 4 r ) (. 1 r ) ( t D • �1 It; la C011TIMI.TAL ■AIM•$V..LT CO.. YLAICO. YO. „TIy.._..__..E4 $. �al A{. n. 4 j • I) 111 No. 23 Doc.r 164122 (continued) (a). To my Grandson, Frank L. Pratt, cash'in the sum of $500.00 and,the 1/4th.of my oil royalties from what is known as the Wil- son Creek Fd. (b) To my Grandson,.Laurence•Pratt, the sum of $500.00, and the 1/4th of my Oil Royalties from what is known as the Polson Creck Field. (c) To my Daughter -in -Law, Georgia 0. Pratt, the sum of $500.00 and Bond No. 2570of the Southern Illinois & Missouri Bridge Com- pany, par value, $1,000.00, and two shares of Public Service Com- pany of Colorado, 5% stock. (d) To Mary Ruth Pratt, wife of my Grandson Laurence Pratt, al of my Illinois Power Company Stock. (e) To my niece, Lillian Howardsen, of Chicago, Illinois, X200. (2) After the payment of expenses and debts and distribution 'of the foregoing specific bequests, I direct that all moneys or pro- perty of whatsoever kind or character remaining in my estate, shall be distributed to and become the property of my son, LeRoi Pratt, to be his absolutely and without reservation. I hereby constitute and appoint my son, LeRoi Pratt, tobe the executor of this, my Last Will and Testament, and request that he be not required to give bond for the performance of his duties as such executor. In Witness Whereof, I have hereunto set my hand this 6th day of December, A. D. 1944. Nellie M. Pratt testatrix We, the undersigned witnesses, do hereby state that the above and foregoing Will was subscribed by the said Nellie M. Pratt, Testatrix in the presence of each of us; that at the time of sub- scribing said Will, the said Testatrix did declare the said Will to be her Last Will and Testament, and each of us, at the request of said Testatrix and in her presence and in the presence of each other, do sign the said Will, as witnesses thereto. M. J. Mayes Albert Bon Myrta Lee Mayes. Filed for record June 25, 1947 at 2:10 o'clock P.M., and recorded in book 227 at page 22$ thereof. Le Roi Pratt WARRANTY DEED - JOINT TENANTS To Dated March 1, 194$ Acknowledged March 2, 1948 before John L.` and Genevieve L. Dever Marcus J. Mayes, Notary Public of Garfield Count, Colorado Consideration ,,10.00 $11.00 I. A. S. Conveys: Unto the said parties of the second part, not in ten- ancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor, forever, all the following described property, to -wit: A tract of land containing 5 acres, situate in the SE corner of the NE4SWr of Scc. 2, Tp. 6 S. R. $9 ':I. 6th P,M., bounded on the North by the South line of the former State Highway (said Highway locate --and- being approximately that of present U. S. Highway No. 24), on the east by the East line of said NE4SW4, Sec. 2, and on the South by the South line of said NESW', Sec. 2, and on the (continued) • Doc.//164122 West by a line parallel to the East line of said NE4S4 of Sec. 2 at the distance necessary to make the 5 acres. Also an interest in'the Brown and Monroe Ditch, and the J. C. Brown Lateral equal to the amount which would be adjudicated to said land under the la of the State of Colorado, being 1/10 of one cubic foot of water per second of time. This deed is made subject to existing rights of way. Filed for record March 18, 1948 at 2:50 o'clock P.M., and recorded in book 234 at pTe 567 thereof. No. 2 Doc.#- 8534 Tues DEED, 1%4e this 27th. day of Ja.^iti:7Zry in the pa: o1 our Lord o:ac thLcirn4 el:14 {:14:1:NJ c -w1 SS3 t7—f .` between .. .. -. — GENS Y IEV - L. and JOHN L, !EVER -• , ,. .., .... pf the Cnurty cf GARFIELD and State of Colorado, of the first part, and of the GEORGIA 0, PRATT County of Garfield and State of Colorado, of the second part: WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable considerations °- -UMMUOILL - 1► to the said part ies of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do U grant, bargain, sell, convey and confirm, unto the said part y of the second part, her 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: A tract of land containing Two (2) acres, situate in the Northeast Quarter of the Southwest Quarter(NE4SW), Section Two (2), Township Six (6) South, Range 89 West of the 6th. P.M., in Garfield County, Colorado; said tract being described as follows: T3eginni!1g at a point on South Right of Way line of S.H. 4 "Access Road F" (U.S. No. 21+) a distance of 295 feet west of the East line of the Northeast Quarter of Southwest. Quarter (NE w4); 1. Thence South, a distance of 730 feet to the South line of said NESWI 2. Thence East, a distance of 120 feet along South line of said NE4SWt; 3. Thence North, a distance of 720 feet to South R.O.W. line of "Access Road F"; 4. Thence West, a distance of 120.2 feet, more or less, along South line of said "Acoess Road F" to the point of beginning. Also an interest in the Brown and Monroe Ditch and the J. C. Brown lateral equal to the amount that would be adjudicated to said land under the laws of the State of Colorado, being 1/25 (0.04) hl of one cubic foot of water per second of time. 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 said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. • No. 463. WARRANTY DEED—For Photographic Record.—Bradford-Robinsoe Printing Company, 1824-46 Stout Street, Denver, Colorado Book 363 Page 371 TO HAVE AND TO GOLD the said premises above bargained and described, with the appurtenances, unto the said part y of the second part, her heirs and assigns forever. And the said part ies of the first part, for thergaelvea� their heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said party of the second part, her heirs and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha ve 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 and encumbrances of whatever kind or nature soever. Filed for record January 28, 1965 at 1:10 P.M.in Book 363 at page 370. and the above bargained premises in the quiet and peaceable possession of the said party of the second part, her heirs and sssigna against all and evary person .,r persons lawfully claiming or to claim the whole or any part thereof, the 'aid parties of the first part shall and will WARRANT AND FOREVER DEFEND. 1N WITNESS WHEREOF, the said parties of the first part ha ve hereunto set their hand and seal tlic day and year first above written. Signed, Sealed and Delivd inithe Presence of k....-•!L).:.ixxrl....-., 2-‘--t,.rr...6r.-ae..,•LC eu r a xe llri �1 f 5c{,Lf.. [SEAL] / [SEAL] EAL] STATE OF COLORADO, l } 88. County of Garfield JJJ ging instrument was acknowledged before me this ,vj197 Genevieve • 014 ;..., . � F • is . { L. Dover and John L. Dever on expires • /3 day of , 19 —" Witness my hand and official seal. Natary Public. No. 1 Doc.#1474 No. 2 Doc.#7176 No. 3 IDoc.#7177 i'o. 4 Doc.#7399 J. C. Brownn ?f%Yn7:�d'+U• 4'�v�r • 'DECLARATION OF OCCUPANCY Dated April 8, 1885 Ackncwl.edged April 8, 1885 before 'Nuns R. G. Ferguson, County Clerk .Garfield County, Colorado Claims land described -by metes and bounds as beginning, at Corner No 1; "whence' -from point of rocks; bears N. 27°201, West and a"nave on South side of Grand River, bears S. 48°50' West thence North 3960 'feet to Corner No. 2, thence West 1320 feet; thence South 2640 feet;thence West 1320 feet; thence South 1320 feet; thence East 2640.feet Lo the place of be ;inning, situated on Noname Creek north of Grand River. Filed for record April 8, 1885 at 12:00 o'clock noon and re- corded in book 10 at page 28 thereof. United States of America- To merica .To John C. Brown RECEIVER'S RECEIPT Dated January 25, 1888 Consideration •°191.25 Conveys; The NISE4, WiNE4 and NE4SW4 of Sec. 2, Tp. 6 S. R. 89 W. 6th P.M., containing 153 acres. Filed for record June 26, 1888''at 3:45 o'clock P.M., and recorded in book 10 at page 350 thereof. ,John C. Brown WARRANTY DEED To Dated June 25, 1888 Acknowledged June 25, 1888 before 'Frank P. Monroe Thos. W. Leonard, County Clerk and Recorder of Garfield County, Colo. Consideration ;500.00 Conveys: An undivided 1/2 interest in and to the NE4SW4'a NW4SE4 and SW4SE4, and all that part of the NE4SE4 of Sec. 2; Tp. 6 S. R. 89 W. 6th P.M., which lies on the north side of the Grand River, with all improvements thereon, containing 120 acres, more or less. Filed for record June 26, 1888 at 3:50 o'clock P.M., and recorded in Bock 19 at page 159 thereof. W. E. Devereux AGREEMENT To Dated August 3, 1888 Signed by all parties and Acknow- John C. Bvown and Frank ledged before C. W. Darrow, Notary P. Munroe Public of Aug. 4, 1888 by John C. Brown,before same Notary Public on August 6, 1888 by Frank P. Monroe. First party agrees to cause a sufficient quantity -of water to be left during the irrigation season in Noname Creek bed or channel below the present headgate or point of supply of the Glenwood Light and Water C., so as together with all water from seepage or spring: at or below said point or headgate to irrigate without waste, any land in cultivation owned by said "second parties in, inter alia, NE4SW4 of Sec. 2, Tp. 6 S. R. 89 W., not exceeding; in any event 40 acres" and also to cause sufficient to be left therein during the entire year below said point so as altogether with said seepage and springs to fill a 4 inch pipe 100 feet long with 2 inch fall, the same to be construed as a measure of quantity. In consideratic (continued) nin=??,„ Flr 7cr,st . ' .r,'myr"h ;:natvTa No. 5 Doc.#7427 No. 6 Doc.#$$14 • (continued) thereof second party's sell and convey to first party a strip of land 12:feet wide being,6 feet,in width on each side of present center line of water ditch flume of said Company as now surveyed, staked, located or constructed on the ground extending through, over. and across the WiNE4 of said Sec. 2, if said flume at all touches or is upon said land or any part thereof with ofree ingress and egress for. rnen, teams etc. for renewing altering pairing said fluem or any.part thereof::with its appurtenances and warranty the title to the same. In further consideration thereof second parties sell and quit claim to first party all waters of NoName Creek and its tributaries for all time except such rights thereto as are defined herein, with all its appurtenances. • o'clock P.M. and Filed for record August 6, 18$$ at.. 11:55 recorded in book 15 at page 229 thereof. (John C. Brown, and Frank P. Munroe To ;Thos. H. Edsali, Trustee, theacting Sheriffof said Garfield County, Successor in trust DEED OF TRUST Dated August 9, 188$ Acknowledged Aug. 9, 1888 before C. W. Darrow, Notary Public of Garfield County Colorado Consideration p1703.67 Conveys: The NiSE, WiNE4 and NE,SW4, except that portion of said NE4S E4 lying Souty of Grand River, all in Sec: 2, Tp. 6 S. R. $9 W. 6th P.M., In trust to secure Grantor's note bearing even date herewith an( The,Noname Toll Road Co., for the principal sum of $1703.67, P Y to W. B. Devereux, payable in $ months, with interest thereon at 12% per annum, payable monthly or to be counted as principal from date until paid. ' Filed for record. August ,9 1$8$ at 3:40 o'clock P.M., and recorded in book 21 at page 65 thereof. W. B. Devereux, Party of the first part, To John C. Brown and Frank P. I'ionroe parties of the second part, (Signed by all parties) AGREEMENT AND WARRANTY DEED Dated August. 3, 1$$$ Acknowled_red Aug. 4, 1$$$ by John C. Brown, Before C. W. Darrow, Notary Public of Garfield County, Colo.,_Acknowled^ed Aug. 6, 1$$8 b Frank P. Monroe before C. W. Darro Ndary Public, Garfield County, Col First party agrees to cause a sufficient quantitiy of water to pe left during the irrigating season in Noname creek bed or channe below the present headgate or present point of supply of the Glen- wood Light and Water Company, so as together with all water from seepage and springs at or below said headgate, to irrigate without waste any land in cultivation owned by second parties in the NE4SW4, TdaV4SE4, NE4SE4, and WiNE4 of Sec. 2, Tp. 6 S. R. $9 W. Gtr. IP.M., not exceeding in any event 4O acres, and also to cause to be .eft therein during the entire. year below said point so as togethe tivith said seepage and springs, to fill a 4 inch njpe 100 feet lone with 2 inch fall. In consideration of which second parties sell 'andconvey to first party a strip of land 12 feet gide, being 6 (continued) Doc.#8814 No. 7 Doc . #837 5 No. 8 Cert#40 i1 No. 9 Doc . 819327 • • ('continued) feet on each side of the present center line of said flume as now located over WiNE4 of Sec. 2, with free egress.for the purpose of repairing saidflume. Also hereby sell and quit claire to first party all waters and its tributaries for all time, except such rights herein. Filed for record April 4, 1889 at 9:25 o'clock A.Ivi., and recorded in book.15 at page 364 thereof. company's dillingress and second parties! of Noname Creed as are defined J. C. Brown .8c F. F. Monroe WARRANTY DEED To The Glenwood Springs, and Trappers Lake Toll Road Co. Dated January 5, 18$9 Acknowledged by J. C. Brown and .Frank P. Monroe Before Alex Ander- son, Notary Public of Garfield . County, Colorado Consideration $400.00 Conveys: A strip,of land 66 feet wide, over and across the ranches belonging to us or either of us in Sec. 2, and 3 and des- cribed as follows: The NiSE4; SW4NE4, NiSW4 and SW4NW4 of Sec.2, SEkNE4; NESE4 Sec. 3, Tp. 6 S. R. 89 W. 6th P.M., the said strip or belt of land being 33 feet wide on each side of the center line of the Noname Toll, road as the same is now located and constructed lover said land from its westerly boundary to and across Noname Creek, and. from said creek westerly to boundary of said land 33 ft, gide on each side of the center line of said road as the same shall Abe located, the same being a right of way for said toll road. Subject to a deed of trust dated Aug. 8, 1888, given to secure payment of note for $1703.00 which is assumed by second party as part of purchase money of the property herein conveyed. Filed for record February 2, 1889 at 10:40 o'clock A.M. and' recorded in book 1 at page 509 thereof, `Treasurer of Garfield County, Colorado. 'ro Channing Sweet Conveys: NiSE4, 6th P.M., for taxes Subsequent taxes REDEEMED by Mr's. I Filed for record TAX SALE CERTIFICATE Dated January 15, 1889 Amount 433.40 WiNE4 and NESW4 of Sec.2, Tp. 6 S. R. 89 W. for the year 1888. of $27.00 paid. E. B. Monroe on May 10, 1892 for "67.95. in Tax Sale Record No. 1 at page 29 thereof. United State of :America To John C. Brown PATENT Dated November 16, 1891 Signed by the president and -the General Land Office seal affixed. Grants: The NASE4, WNE4 and NE4SWy of Sec. 2, Tp. 6 S. R. 89 td. 6th P.M., containing 153 acres. Filed for record May 6, 1896 at 11:45 o'clock A.M., and ecorded :in book 12 at page 421 thereof. r No. 10 Doc.#12990 No. 11 Doc.//17453 No. 12 Doc.//19328 Frank P. Monroe To John C. Brown WARRANTY.DEED Dated September 29, 1$91 -.Acknowledged September 29, 1$91 before Thomas W. Leonard, Clerk and' Recorder, Garfield County, Coll Consideration °500.00 Conveys: Beginning 'atNW corner SE'k of. Sec. 2, Tp. 6 S. R. 89 W. 6th -P.M., being a quartzite stone 28" x 8" x 5" set in mound !of -stone whence a cottonwood tree 24 inches in diameter blazed and marked B. T. center section 2" bears South 410'40' West 47.6 feet,' thence South 0°17'49" East 1370. 42/100 ft., thence north 88°17'35' West 1221.83 ft,.thence North 0°2127" West 1368.48 ft., thence S. 88°18'26" Est 1215.53 ft. to the place of beginning, bing all of the NE4,SW4 Sec. 2, Tp. 6 S. R. 89 W. and all that portion of the W NEk.bf Sec. 2, Tp. 6 S. R. 89 W. 6th P.N., lying West of the center line of the NoName Creek where said creek runs through Southeast tract of land. Filed for record September 29, 1891 at 3:20 o'clock P.M., and recorded in book 26 at page 349 thereof. John C. Brown WARRANTY DEED To Dated April 30, 1894 Acknowledged April 30, 1894 bef,•ore ianche C. Drown A. J. Dickson, Deputy County Clerk of Garfield County, Colorado • Consideration $25,00.00 Conveys: Beginning at the NW corner of SE4 of Sec. 2, Tp. 6 S. R.89. W., being a quartzite stone 28 inches by 8 inches by 5 ;inches, set in mound of stone whence cottonwood tree 24 inches in diameter blazed and marked "B.T." center section 2" bears South 41°40' West 47,6 feet, thence South 17°49" East 1370.42 feet; thence North -88°17'53" -West 1221.83 feet; thence North 0°2'27" West 1368.4 ft.; thence South 88°18'26" east 1215.53 ft. to the •place of beginn ing, being all of the NE4SW4 of Sec.2, Tp. 6 S. R. 89 W. 6th P.M., and also that portion of the *NE4 of Sec. 2, Tp. 6 S. R. 89 W. ly- ing West of the center line of NoName Creek where said creek runs through a southeast tract of land and also 1/2 interest in the J. C. Brown Ditch and the Brown and Monroe Ditch and all right and title to this portion of the water granted and reserved to John C. Brown by The Glenwood Light and Water Company covering the above described tract of land, Filed•for record June 30, 1894 at 2:25 o'clock P.M., and recorded in book 38 at page 113 thereof. Blanche C. Brown To Public Trustee of Garfield County, Colorado TRUST DEED Dated May 5, 1896 Acknowledged May 5, 1896 before C. W. Darrow, Notary Public of Garfield Count, Colorado Consideration 200.00 Conveys: NE4SW4., Sec. 2, Tp. 6 S. R. 89 W., and same water rights as are described in Doc. #16453, ontry No. 11 of this Abstra Subject toriig+h ,af't ' 'lenwood Springs, and Trappers Lake Toll road a for ditches granted by Frank P. Monroe and John C. Brown. In trust to secure grantors note of even date to James H. Connor for ;p 200.00 due 1 Year after date,interest at 12% per annum. Filed for record Lay 6, 1896 a 11:45 o'clock A.M., and !recorded in book 41 at_pafe1 thereof. 1 N o . 13 Doc.#15613 Thos. 'Hy Edsall, Trustee RELEASE DEED OF TRUST . To Dated August 15, 1$95 Acknowledged August 15, 1$95 before John C. Brown and Frank P. • Lionel H. Leadam, Notary Public of MonroeLGarfield County, Colorado -Releases the trust deed recorded in book 21 at page 65 as Doc.' #7427 and reconveys the property therein described. Filed for record August 16, 1$95 at 10:30 o'clock A.M., a n d recorded in book 33 at pa.:e 321 thereof. No. 14 E. E. Drach, Public Trustee RELEASE DEED OF TRUST Doc.#22639 To Dated March 25, 1900 Acknowledged April 25, 1900 before :Blanche C. Brown William Cardnell, County Clerk and Recorder, Garfield County, Colorado Recites that the note secured by deed of trust, recorded in book 41 at page'133 has been fully paid and satisfied; together with all charges and interest thereon. Therefore, at the request of James H. Connors, the legal holder of said indebtedness secured by said deed of trust, the Public -Tru; tee of Garfield County, Colorado, hereby releases and quit claims unto Blanche C. Brown and her heirs and assigns all the right, tit: and interest which she has in and to all that property 'conveyed in trust in 3.na.by Doc.#19328•as recorded in book and page aforesaid. Filed for record April 25, 1900 at 9:05 o'clock A.M., and I recorded in book '52 at page 43 thereof. The Glenwood Light and. Water:.. Co . , with John C. Brown; Blanche �P. Brown, parties of the second part, and W. B.Deveraux of the third part AGREEMENT Dated July 14, 1905. Signed The Glenwood Light and Water Co., by R. J. Bolles, Vice -Pres. and by otherAparties. Attest; Wm. o'Br: Sec., Corp. Seal affixed. Acknowledged July 14, 1905 before Frank England, Notary Public, El Paso County, Colo., and by other on July 19, 1905 before Sherwood Crocker, Notary.Public, Garfield County, Colorado Recites particulars of written agreement recorded in book 15 at page 229; application of company for adjudication of its rights in water of NoName Creek in Water District No. 52 in cause 420, District Court of Eagle County, Colorado, and certain findings and decree; that the'company has succeeded to all rights acquired by said Devereux under said agreement and decree and also the rights of Frank P. Monroe under said agreement, and that John C. Brown is now taking water from Company flume through a 2 and 1 inch pipe and desires perpetual right to same so long as flume is run by Company or successors. Agreed that said Brown and Devereux shall have the perpetual right to take water from said flume and the watt flowing therein, at or near the point where the water is now taken through a 2 and 1 inch pipe, to an amount not exceeding 15 cu. ft per minute in summer 2r May, June, July, August, and September and root exceeding 2 cubic feet per minute for the balance of the year. To irrigate Brown's land, viz: NESW., Sec. 2, Tp. 6 S. R. $9 W. 6th P ..Fi. , and also the land now owned by W. B. Devereux, viz: (continued) •�s v�m�puFGR'wTh�n::�CYgiKS�_',��„�,�."RIR°.iC.2' 4.n tom' UI No. 16 Doc.#31003 No. 17 Doc.#35$7 (continued) )''- NASW11,-,d WiNW2 of Sec. 2, NE4SE4 and EINE of Sec. 3, in above Tp., which said land is entitled to water under -said Brown's water right In consideration whereof said Brown and Devereux.hereby relinquish their right to a flow of water through a 4 inch pipe during the en- tire year to the amount that would"flow therein with 2 inch fall in 100'feet as per agreement,of August 3, 1888 and in said decree of December 9, 1903-. This 'agreement shall bind heirs, successors and assigns of parties'hereto. Filed for record August 23, 1905 at 11:45 recorded in book 51 at page 457 thereof. o'clock John C. Brown and Blanche P. AGREEMENT Brown A.M., and To Dated August 23, 1905 Acknowledged Aug. 23, 1905 before- W. B. Devereux C. W. Darro r, Notary Public of Garfield County, Colorado Consideration 01.00 and other good and valuable consideration First parties convey to) second party an undivideri 1/2 interest in all rights, privileges and benefits secured by first parties under agreement July 14,-1905, between The Glenwood Light and Wate Co:., and parties of the first part herein recorded as Document 310 And first parties convey to second party an undivided 1/2 interest in and to the pipe line and ditch rights referred to in said agreement. The result of this agreement is that first parties retain an undivided 1/2 interest and second partyacquired an un- divided 1/2 interest'in andto the property herein referred to. Filed for reco:rd'August-23, 1905 at 3:25 o'clock P.M., and recorded in book 51 at page 45$ thereof. Blanche C. Brown TO Ivan E. Pratt WARRANTY DEED Dated October 3, 190$ Acknowledged Oct. 3, 190$ before Robert N. Hedden, Justice of Peac of Garfield County, Colorado Consideration $500.00 Conveys: A tract of land containing 5 acres situate in the SE corner of NESW4 of Sec. 2, Tp. 6 S. R. 89 W. 6th P.M., bounded o 'corner of by the South line of the State road,on the East by the East line of said NESW ,: andon the South by the South line of sai NE W4 of said Sec. 2 and on the West by a line parallel to the East line of said NE4SW4 at the distance necessary to make the five acres. Also an• interest in the Brown and Monroe Ditch and t J. C. Brown lateral equal to the amount which would be adjudicate to said land under the laws of the state of Colorado, being 1/10 1 cu..ft. of water per second with the understanding that the sai Ivan E. Pratt shall bear his part of the expense of keeping the s ditches in repair. Filed for record October 9, 1908 at 3:10 o'clock P.M., and recorded in book 75 at page 304 thereof. No. Doc.#3$i49' No. 19 Doc.'r125374 I,,ran E. . ' Pratt To Nellie 14.• Pratt WARRANTY DEED Dated November 17, 1909 Acknowledged Nov. 17, 1909 before Charles M. White, Notary Public .of Garfield .Count, Colorado Consideration .1.00 and natural lovE and affection for grantee, my wife. Conveys: A tract of land containing 5 acres situate in the SE corner 'of NE4,SW4 of Sec. 2, Tp. 6 S. R. $9 W. 6th P.M., bounded or, the North by the South line of the State road, on the East: -by the East line of said NESW4 and on the Souty_ by the South line of said NE4SW4 of said Sec. 2 and on the West by a line parallel to the East line of said NE4SW4 at the distance necessary to make the five acres. Also an interest in the Brown and Monroe Ditch and the J. C. Brown lateral equal to the amount which would be adjudicated to said land under the laws of the state of Colorado, being 1/10 of 1 cu, ft. of water per second with the understanding that the sa Ivan E. Pratt shall bear his part of the expense of keeping the sai ditches in repair. Filed for record November 1$, 1909 at 9:25 o'clock A.M., and recorded in hook 79 at page 240 thereof. !I. E. Pratt and Nellie M. �,UIT CLAIM DEED Pratt To The Board of County•Commisi, sioners'and their successors in 'office'; of Garfield County, Colorado Dated August 4, 1936 Acknowledged Oct. $, 1936 before Marcus J. Mayes, Notary Public of Garfield Count, Colorado Consideration a40.00 Conveys: All that part of the NE4SW4°-of Sec. 2, Tp. 6 S. R. $9 6th P.M., that is contained within the boundaries of the right of !way of Federal Aid Project No. 240-J, more particularly described a follows, to -wit: Beginning at center line of Station 13$ + 70.3 • +a point on the North and South 1/4 line of said Sec. 2, whence the �NE corner of the SW of said Sec. 2 bears N. 0°55' Easa distance of 534.2 feet, thence S. 0°55' W. along said 1/4 line for 26.1 feet to the South boundary of the I. E. and Nellie Pratt tract, thence along said South boundary N. $9°05' W. for 141.6 feet to the SW corner of the said I. E. and Nellie M. Pratt tract; thence N. 0°55' E. along the !!gest boundary of said 1. E. and Nellie M. Pratt tract ,for 40.7 feet, to the north right of way line of the highway; t hencE P1 • ,80°21' E. along said right of way line for 144.5 feet to the intersection of the north and south 1/4 line of said Sec. 2, thence • 0°55' W. along said 1/4 line for 40.7 feet to the point of beginr. ing.' Said right of way contains 0.173 acres of uncultivated land !to be acquired by this deed'. All as•shown on the Colorado State Hip way Department right of wayMap No. 2 of Federal Aid Project No. 240- on file in the office of the County Clerk and Recorder of Garfield County, Colorado and in the office of the Colorado State Highway De- partment. It is understood that in the acceptance of this deed, that the Colorado State Highway Department in the construction of !said road will so adjust as to heave to the grantors herein, the fu] and unrestricted use of all pipe or pipe line now operated by them for use upon their land, without loss or damage to them. Filed for record October 9, 1936 at 8:0$ o'clock A.M., and recorded in book 181 at page 23 thereof. RIGHT OF WAY MAP Shows highway thru part of NW SW4 of Sec. -2, Tp. 6 S. R. 89W i� 6th P.M., belonging to Ruth Martin containin ..1i tVE-r,�.S4+r4 ,of. Sec. 2 T 6..5 R '`` � g .5 acres; through li N Brown, containiTp.2, S. . 89 �`i..• 6th �P I^I. , . oflSnging to Bl6nche Containing 44�,acres;.thru NE�oW� of Sec. 2, Tp. 6 S. f 89 tib., ..belonging,. to I,,,E. f through NEoSg4 ofSec; E. and;Nellie M. Pratt, containing beton h to C. T.6 S. R $9 W., bontaini .a g 81 a acr LaVern Williams and Georgia May Williams; 0andathru N6V4SW of Sec. 2, NE4SE4Sec I Gertrude tiller, containing$ 3, Tp. 6 S. R. 89 W., belonging to Filed for record December•1531acra.s. recorded to remain on file. ' 936 at 11:04 o'clock A.M., and No. 21 �� H. Lawrence Hinkley, Attorney RELEASE OF INHERITANCE TAX LIEN General of Colorado, By Berton Doc.#158646 I C. Gobble, Assistant August Attorney Dated Aum + 22 General 1946 Estate of Nellie M. Pratt Date of Death, February 26, 1946 ItoIt appearing to the attorney general that it is not necessary preserve the lien granted anted by the Colorado inheritance tax la against the hereinafter described real estate, in which the above named decedent had an interest b in me under the provisions of Secy virtue of the authority vested ;Statutes 'Annotated, as amended, I do6herebytfr $5, 1r35 Colorado discharge the inheritance tax lien againstforever release and real estate, to -wit: the following described Inter alfa A tract of land, containing 5 the SE corner of the NE4Sj , of Sec. 2, T acres, 89ituate in bounded on the north by the south line ofpU 6 S. i W. . 6th a d fland 24; on the East by E S. Highway No . 6 and theEast line of said SNE SW4: of Sec. south by the South line of said NE SSV=1 S a line parallel to the East line of said Sec. 2; on t 2 • and on e ..2, ca by a distance necessary to makeether , said Sec. 5 acres, for2, at of water per second of time from Br own and i•. ,ether with 1/10 cubic foot . C. Brown Lateral, and together with all ditch right,eandtditchuthe I I water and water rights belonging; thereto or used thereon, Filed for record October 11 recorded in book 222 at pave 4, 1946 at 11:40 o'clock .�.NI. , and o. 22 �I _ _ _ _ _ _ - - 274 hereof. oc.#161440 STATE OF COLORADO ) _ - - - - - - _ _ IN TIIE COUNTY COURT COUNTY OF GARFIELD.) No • 7-1854 IN THE MATTER OF THE ESTATE OF) IJNELLIE M..PRATT, Deceased )C E•R T I F I C A T E. ._. I, Wm. Atha:. 1:ason, Judge of the County Court of aforeoaid do hereby certify: That on the 25th•� County admitted o te asthef LaMarch, h�,'i1946, the annexed inst M. Pratt, deceased; that the testimonyltakent Testament of p`, instrument.was Will, cto Nellie is filed, reducedn tht; writing and signeb the the witnesses esbrs of said Court, and from the proofswtakensandi theeexamina tions and therein, the said Court finds as follows: (continued) u n! q.54.1. ± OMPIR8'`cIMtwke0A.ik, ilgfbAf a;i ud ?i:klt�iMkHaa i# s, a • 1 Doc.'161440 (continued) That the said Nellie M. Pratt died on or about the 26th da of I'ebruary, 1946 in the County of Garfield, State of Colorado; that at the time of her death she was a resident of the said County of Garfield, State of Colorado; that the said annexed Will wad duly executed by the said decedent in her lifetime, and signed by the testatrix in the presence of M. J. Mayes, Albert Bon and Myrt'a Lee Mayes, the subscribing Witnesses thereto; that she acknowledge the execution ofher last will; that the said witnesses attested the same at her request, and in her presence, and in the presence of each other, and that the said decedent, at the time of execut- ing said Will was of legal age, of sound and disposing mind and memory, and not acting under duress, menace, fraud,' or undue in- fluence, and was not, in any respect, incompetent to devise and be queath her estate. I further certify that a Final Report has been filed and approve that a Decree of Final Settlement has been made and entered in said cause; that all indebtedness due from said estate has been fully paid and discharged; and that said estate has been declared fully administered and closed of record; IN 'ivITNESS WHEREOF, I have signed this Certificate and caused the same to be attested.by the Deputy Clerk of said Court, under the seal thereof, this llth day of October, A. D. 1946. Wm.' Atha Mason, Judge and Acting Clerk By: I1arie Shelton Holloway, Deputy Clerk of the County Court. ATTEST: STATE OE COLORADO, ) COUNTY OF GARFIELD.) SS. ' I, Wm. Atha Mason, Judge and Acting Clerk of the County Court i within and for the County and State aforesaid, do hereby certify 1 the above and foregoing to be a true, perfect and complete copy of 1Ithe Certificate duly made and entered in. said estate, as appears from the records and files in this Court remaininginc copy of the Will as admitted to probate. , luding a IN IITNESS WHEREOF, I have hereunto set my hand and affixed ;'the seal of said Court at my office in Glenwood Springs, in said (County and State, this llth day of October, A. D. 1946. Wm. Atha Mason, Judge and Acting Clerk of the County Court. By: M arie Sheldon Holloway, Deputy Clerk LAST WILL AND TESTAMENT of NELLIF M. PRATT I, Nellie M. Pratt, vhose post office address is Glenwood Spring Colorado, being more than twenty-one rears of age and of un disposing mind and memory, do herebymake publishdeclare and this to be my Last Will and Testamen, herebyrenouncingother or former Will that may have been heretofore made and/or executed Iby re. it is my desire that all just debts owing by me; and remaining unpaid at 'ahe time of my death, together with all expense of last !illness, and all funeral expenses, shall be paid out of the pro- ceeds of my estate, as soon as it may be convenient to pay them. 1. After the payment of expenses and debts as heretofore hereir, provided, I direct the distribution of the following specific be- quests: (continued) STATE OF COLORADO, COUNTY OF GARFIELD. f ss. The undersigned hereby certifies that the foregoing — — — — Twenty—three — .entry-ies number —1.— to —23— , inclusive, constitute -s a true and correct _ - complete — - Abstract of Title showing all instruments which appear of record in the office of the County Recorder of GARFIELD County, Colorado, from the beginning of history to the day and date hereof affecting the title to A tract of land containing 5 acres, situate in the SE corner of the NE4SW4 of Sec. 2, Tp.6 S. R. $9 W. 6th P.M., bounded on the North by the South line of the former State Highway (said Highway location being approximately that of present U. S. Highway No. 24), on the East by the East line of said NEr,,SW4j Sec. 2, and on the South by the South line of said NE4SW4, Sec. 2, and on the West by a line parallel to the East line of said NE4SW4 of Sec. 2, at the distance nenessary to make the 5 acres. in GARFIELD County, Colorado. Seals were affixed to officers' jurets and date of expiration of Notary's Commission unless otherwise noted. That due to conditions prevailing in GARFIELD County, Colorado, the following excep- tions are made: That the undersigned is a duly qualified and bonded Abstracter operating under a license granted by the State of Colorado, and is a member in good standing of The Colorado Title Association and of The American Title Association. Dated at GLENWOOD SPRINGS, Colorado, this — — — — — Eighth — — — -day of September A. D. 19 4$. at 8:00 o'clock THE GARFIELD COUNT' -ABSTRACT CO /ANY President • Doc.#184576 0 0 0 0 Filed for record January 6, 1954 at 3:10 o'clock P.M. and recorded in Book 274 at page 351 thereof. Blanche C. Brown, also known .as Blanche Brown To Public Trustee, Garfield County, Colorado r;. DEED OF TRUST Dated January 6, 1954 Acknowledged January 6, 1951 before Jeanne Taylor, Notari Public, Garfield County, Colorado Consideration $1,373.00 Conveys: Part of NE1SW, Section 2, Tp. 6 S., R., 89 W. of the 6th P.M., no ex In trust to secure Grantor's promissory note bearing even date herewith, for the principal sum of One Thousand three hundred seventy-three and n0/100 dollar payable to the order of B. E. Nutting on, or before One (1) year after the date thereof, with interest thereon from date until maturity at the rate of five per cent per annum, interest payable at maturity. 0 z Er a u 0 0 0 z w J 0 COMPANY ABSTRACT .11 3.0 TR 25 • • Public Trustee, Doc.#18840. Garfield County, Colorado 0 0 Filed for record January 19, 1955 at 1:30 o'clock P.M., and recorded in Book t at page 599 thereof. To WttlIN 'RELEASE DEED OF TRUST Dated January 19, 1955 Acknowledged January 19, 1955 before Charles S. Keegan, Notary Public, Garfield County, Colorado Blanche C. Brown, also known as Blanche Brown Recites that the note secured by deed of trust dated January 6, 1954 and recor January 6, 1954 in Book 274 at page 351 has been fully paid and satisfied; tog with all charges and interest thereon. Therefore, at the request for release by B. E. Nutting, the legal holde said indebtedness secured by said deed of trust, the Public Trustee of Garfiel County, hereby releases and quit claims unto Blanche C. Brown, also known as B Brown, and her heirs and assigns all the right, title and interest which he ha in and to all the property conveyed in trust in and by Document No. 184576, as recorded in Book and page aforesaid. t5 o f 1 egos 19 f 9r yr w a No. 26 Doc.#227359 JOHN L, DEVER and GENEVIEVE L. DEVER the Grantor or Grantors, of the and County of , and State of for and in consideration of the sum of TEN DOLLARS and Other good and valuable considerations to the said Grantor or Grantors in hand paid(the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do hereby GRANT, BARGAIN, SELL AND CONVEY unto The Department of Highways, State of Colorado, Grantee, its successors and assigns forever, the following real property situate in the and County of Garfield and State of Colorado, to -wit: A tract or parcel of land No. 112 of Colorado Department of Highways Project No. I 70-2(2)121 Section 2 containing 0.626 acres, more or less, in the NE 1/4 of the SW 1/4 of Section 2, Township 6 South, Range 89 West, of the Sixth Principal Meridian, in Garfield County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point on the east line of the NE 1/4 of the SW 1/4 of Sec. 2, from which point the W 1/4 Corner of Sec. 2, T. 6 S., R. 89 W., bears N. 726 - 40'-30"W., a distance of 2523.1 feet; 1. Thence N, 879-22'-30"W., a distance of 277.9 feet; 2. Thence N. 0'-0"-30"E., a distance of 10.0 feet; 3. Thence N. 53°-54' E., a distance of 172.8 feet to the line of S.. 4 (December 1963); 4. Thence N.81° ?9' E. along said R.O.W. line a distance the east 2!:,e of the NE 1/4 of the SW 1/4 of Sec. 2; 5. Thence S. 0. 5,0'-30'V., along the east line of the NE of Sec. 2, a distance of 145.5 feet, more or less, to beginning. northerly R.O.W. of 141.6 feet to 1/4 of the SW 1/4 the point of .r, The above descri)e parcel contains 0.626 acres, more or less, of which 0.388 acres are in the right of way of the present road. Reserving unto the grantor or grantors all coal, oil, gas and other hydrocarbons, and all clay and other valuable minerals in and under said premises; provided, however, and the grantor or grantors hereby covenant arra agree, that the grantee shall forever have the right to take and use, without payment of further compensa- tion to the grantor or grantors, any and all sand, gravel, earth, rock and other road building materials found in or upon said Parcel No. 112 The grantor or grantors further covenant and agree that no exploration for, or development of any of the products hereby ieserved, will ever be conducted on cr from the surface of the premises hereinabove described, and that in the event any of such operations may hereafter be carried on beneath tiie surface of said premises, the grantor or grantors shall perform no act which may impair the sub -surface or lateral support of said premises. This reservation, and the covenants and agree- ments hereunder, shall inure to and be binding upon the grantor or grantors, and their heirs, personal and legal representatives, successors and assigns forever. 171..,r-.mm,nna:.-^7.MT.,..7.544rwS3S25*.�..:iFi .'�: e.^R;C n • • � wrtstr�'d t'�1,,,,,k;. p ir*Sl n i4 , . tip « a1IOt & t3 *aid Giotto t/ Gr�t, e� i.n unto IN trod Grantee and appklri,,,,1 t9i, d rkt , ee l $ terig:trt. ;. ;TQ HAVE AND 10 Ptj.fi t *cod f t,e , t WI. executors and odrriu�►slrotors, do to�emnt, it: auccesaor$ ami os5 g ss Iwsv . d W sold' o �r c t:i s, that or :` Mme the execution and delivery of grant, bargain and ogfee to and with the soid'Grontee and its, touttesel , . _. sire, Wtlocl,otle ton and indefeasible estate of Inneritorxe, t, were well seized of the Premises above t nveied.°s of �' the same in the manner and these ipresents, Sithey bar uiri, s@Il and convey and right, full ower arta lawful outttOtity to ter 4 in low, in ese Simple, and had q_ _ 9 P rants bar sins, setas, lions, loxes, assessments and encumbrances of what- eveformr kind old; that the some ore free and clear from all Other q 0 AND quiet and peoceoble possession of the said Grantee, and its successors ever kind or nature soever, by, through or under the Gruntor or Grantors; that the said Grantor or Grantors will WARRANT FOREVER OEFEND the above Boers n d premises in theq „ h e under and assigns,' against all and every person or per`sOns lawfully CTdiming • Or to cloirrf The whole or any port lher*of, by, t roup the said Grantor or Grantors. .. . IN WITNESS WHEREOF, the said Grantor or Grantors have hereunto set their hands this-_ (--- -day of Signed in the presence of: A.D., 19-6f; JORW L EVT R GENEVIEVE L. DEVER Filed for record October 22, 1964 at 8:40 A.M. in Book 361 at page 411. STAT c OF S S. /hi :.'e at*',;,,,,a,ont waa acknowledged before me this._ • ) r G' y1 '$' /:,,,11111: Ut GEN EVI'VF_ L. DEVER ;.e.- _''.1L..,. -......k.,.. _ __. . WITNESS my nand and ')fliCiol Seot, }‘:)/','r 3 i --A8 My Commission Expires STATE OF — __—and County of_ -.— by— ss pe 19 64 S day 01--- v/7'1E2 Nolory Public. The foregoing instrument was acknowledged before me this_---- day of ----- WITNESS my hand and Official Seal, My Commission Expires:__-_ — to ,, P .±- re ) 0 w ro A W N F- co 3 - L46 ro `' 0 H .-1-:: potory PubIk ,19 STATE OF COLORADO IEVR am GEUBVIEW L. DEVER iFintor", for and in consideration of the siair o ($i.00), and other valuable consideration to in )and paid by LD,, IRA H_P.N1)JR$QN JR, AND IRIS v. HENDERSON s, races a c a re y ac - ledged, has given and granted asxl by thase payments dorms hereby give and grant unto the said grantees their heirs, successors or assign a MRPETUAL EASEME3T on, along, over arra across the following described premises, to -wit: No. 27 Doc.#228534 A tract or parcel of land No. E-112 Rev. of Colorado Department of highways Project Io. 1 70-2(2)121 Section 2 containing 0.032 acres, more or leas, in the NE 1/4 of the SW 1/4 of Section 2, Township 6 South, Range 39 West, of the Sixth Principal Meridian, in Garfield County, Colorado, said tract or parcel being more particularly described as. follows: Beginning at a point on the east line of the NE 1/4 of the SW 1/4 of Section 2; T. 6 W., R. 89 W., from which the W 1/4 corner of Section 2 bears N. 72'-40'-30"W., a distance of 2,523.1 feet; 1. Thence S. 0°-50'-30"W. along the east line of the 1E 1/4 of the SW 1/4, Section 2, a distance of 10.0 feet; 2. Thence N. 87'- 22'-30"W., a distance of 140.3 feet;' 3. Thence N. 2°-37'-30"E. a distance of 10.0 feet; 4. Thence S. 87'-22'-30"E., a distance of 140.0 feet, more or less, to the point of beginning. The above described parcel contains 0.032 acres, more or less. for the purpose of a domestic water pipeline. Subject to the following terms and conditions: And the Grantor(s) hereby covenant(s) with the Grantees that it has good title to the aforedescribed premises; that it has good and lawful right to grant this easement; that it will warrant and defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, (I) (We) have hereunto set our hand(e) and seal(L) this /-S7` day of 1tA.D., 1964 Filed for record October 22, 1964 at 8:42 A.M. in Book 361 at page 413. `i . '......� ' ) ) SS ) rument was acknowledged before me this /sf day of A.D., 19 b4 by John Leve'- 44 I? 01 Genc✓' L. Dever Grantor • —s 0 c SPRINGS, COLORADO 0 0 z W z 0 w 1- z 0 0 0 W 0 w 1 - IN THE DISTRICT COURT IN AND FOR THE COUNTY OF GARFIELD AND STATE OF COLORADO CIVIL ACTION No. 6146 IN RE: THE ORGANIZATION OF ) GLENWOOD SPRINGS RURAL FIRE ) PROTECTION DISTRICT, GARFIELD ) COUNTY, COLORADO. ) This matter coming on before DECREE the Court this 14th day of August, 1967 upon the petition for the organization of the Glenwood. Springs Rural Fire Protection District. The Court finds that notice of the proceedings has been and regularly served as provided by statute, that the are regular and in due form. That a petition for the tion has been signed and presented in conformity with That no protesting petition has been filed. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED BY the Court. That the Glenwood Springs Rural. Fire Protection Distri is hereby declared organized and the, same shall be and hereby is a governmental subdivision of the State of Colorado and a body corpo with all the powers of a public or quasi -municipal corporation. That the corporate name of said District be and the same is declared to be "Glenwood Springs Rural Fire Protection District." Number of Directors -five. • That the boundaries of said District, as described in the include, inter alia, the property covered by this Abstract of Excepting and excluding from said described District Glenwood Springs, Colorado. That this Court shall have of all matters appertaining•to By ,the Court, duly proceedings said organiz the law. the City Decr Titl of t a e continuing and exclusive jurisdic.ti•n the above said District. Clifford H. Darrow,.Judge. d Certified to on August 14, 1967 by Desmond D. Bertholf, Clerk of t District Court in and for the County of Garfield and State of Colo (SEAL) Filed for record August 14 , 1967 at 11:06 ofclock•A.M. and to remain on file. e al STATE OF COLORADO, ss.. 3062 COUNTY OF GARFIELD. The undersigned hereby certifies that the foregoing six entry-ies number 24 to 29 , inclusive, constitute -s a true and correct continuation of Abstract of Title showing all instruments which appear of record in the office of the County Recorder of GARFIELD County, Colorado, from to day and date hereof September 8, 1948 at 8:00 A.M. affecting the title to A tract of land, situate in the SE corner of NE,—,—,SW* of Section 2, Township 6, S., R., 89 W., of the 6th P.M., bounded on the north by the South`.line of former State Highway (said highway location being approximately that of present U. S. Highway No. 24), on the East by the East line of NE*SW4, Section 2, on the South by the South line of NEuSW*, Section 2, and on the West by a parcel of land conveyed to Georgia 0,. Pratt by Document recorded January 28, 1965, in Book 363 at page 370, Document #228534. In GARFIELD COUNTY, COLORADO. EXCEPTING THE FOLLOWING, TO -WIT: (1) Instruments pertaining to mining claims, ditches, pipelines, springs, reservoirs, roads, highways, railroads and other public utilities wherein the descriptions are insufficient to iden- tify the land abstracted. (2) Chattel Liens affecting crops, equipment, attachments and fixtures located upon, used in connection with, or appertaining to said lands. (3) All Financing Statements or other documents reflecting security interests, or possible security interests, in crops or fixtures filed in the records of the County Clerk and Recorder, pursuant to the Uniform Commercial Code, which do not describe the subject property, or any part thereof, by legal description. That due to conditions prevailing in GARFIELD County, Colorado, the following excep- tions are made: That the undersigned is a duly qualified and bonded Abstracter operating under a license granted by the State of Colorado, and is a member in good standing of The Colorado Title Association and of The American Land Title Association. Dated at GLENWOOD SPRINGS, Colorado, this--.. third day of June A.D. 19 70 at 8:00 A.M. THE. GARFIELD COUNTY ABSTRACT COMPANY Secretary ,j s' �idcnf' DECEASED MEDICAL CERTIFICATION 0 0 Book 418 Recorded at'0 P.M. Mar .24,1971 Page 56 Rec .#249289 'ATE OF COLORADO Ella Stephens, 613 Recorder.CERTIFICATE OF DEATH (PHYSICIAN OR CORONER) 1ST AE13 _1Igri SKATE &IGISIRAR OF 6.U. ,IATIST!(b' /..DCCEASCO-NAME '1••. .•100.• ... I. Genevieve L, Dever SEX 7. Female DATE OF DEATH ... o.T 0•V, •••• ,. Nov. 17, 1969 COUNTY OF DEATH Garfield RACE....... .••w,e•+,..01•.. AGE - •1o.w .••.w Dwo1w , o•. DATE OF BIRTH ,.0. o• 1.w.tdhite 3,. 69 360, D•T• 3:.a • .�. ...Sept. 12, 19007, CITY. TORN OR LOCATION OF DEATH 76. • ... .• • s INSIDE. CITY. IMITS 7.. yes OP. MO HOSPITAL OR OTHER INSTITUTION -NAME ,1. 10, ,•1 •1...[ , •,01 10D wu. we w, )d. Glen valley Nursing: Home STATE OF, BIRTH 1,F.oT ,. u.•.'Vry ..c E. (111n_ CITIZEN OF 9HAT COUNTRY 9. Uni tee? States MARRIED, NEVER MARRIED, WIDOWED, DIVORCED ..acl., 10. Married SURVIVING SPOUSE „r .o.., 1210[ •..,o•••.••..., t,. Laurence Dever SOCIAL SECURI T HUMBER i). 523_12_5„382_B USUAL OCCUPATION ,,Vg 14/.40 o• .o w. 120•111 Dun... mos T o. I.. Hol sewife KIND OF BUSINESS OR INDUSTRY • • 1J6. Own Home RESIDENCE -STATE IJ.. rail n COUNTY Gr rfi rid CITY, 10WN, OR LOCATIONo• 1s,• erntood. ST?rin�s G1 P'• " .�ow,.•1,o. 1+a• yes STREET AND NUMBER 1+•. Non�me Pk „w 1+0' FATHER'S NAME .100.4 .,,T t3 Air(os J, Dicksonld. MOTHER'S MAIDEN NAME P,•.+ .000 ,1. .••• Imelda PhillipDi NFORMANT-NAME RELATION TO DECEASED ".LawrenceDever Husband MAIL IN ADDRESS 0,0.0.0. .0. CIT. ,. ,o... 110• 176.Noname Pk. Glenwood Springs, Colo, IS. CAUSE OF DEATH: ...•.•• o...• o. .....,...o.,•1,164...01c1 •• ',ROT wa• .•o ocA T. PART I `' Y _ IMMEDIATE CAUSE (•) Y..4 cow.aw..c�Au� cows no.` v Aw ..•••0' • c•m• , (6) (•) PART 11. OTHER SIGNIFICANT CONDITIONS. CDw121T,12.• co.+T.,•u TI•1• To o•,To •uT NOT w,.,,.o To CAS.[ 0101.• 1•1 P,.., 1 ,•1 • AUTOPSY Iv" Ow op, (9•. IF YES .. 1.010101. OUT Tw0000.• C•IJST OP 196.0•..•. ,COD, 0•.NT, SUICIDE. HOMICIDE )c DATE I. HOUR OF INJURY u,o•1 .o.,,.• ...ou. )Ob. M. HO w INJURY OCCURRED,.•1T•. u.,u.. o. ,.1,uw. 1.....T 1 ow P• .. TTA. 1u 20c. INJURY AI 0060 )O+ .v ••. ..01 P AC OF INJURY • .,c o •.00.. c'Tc. •PPac,.v, 20s. •• LOCATION 70`1./ '/•. / CERTIFICATION olOH[ 12[e•IC,.N ..e. A. Z D 'I �,. V D1/ V/ . e ON 21. ..... oc u o •• ., .�IfLe ..o•1 T•1• 01T AT< .0 To w... or w•Kwo. oecl VFw . TN{u[, . , CERRTIFFICATION-CORO,.E DTI •AS,. •1 o.•.. °`"""" ow T.. "" .•1D • 0..,^'w )7,. , . THE DECEDENT wA1 PRONOUNCED DEAD ,o. Tesco 12.0 ,c•w .ouwl CEA TIE C `'SSR i ow nn. L DATC SIGHED CERTIE -NAM _ (,,.. , ')J.. t./.��/i. lAf J MAILING w0.•.000 7 ADDDRE SS //J Q 734. 30X X00 �1eVtltDQq .Y Yj�it:TDs' C...A/6 d0,•,e/ o/ BURIAL, CREMATION, REMOVAL'^o'w 7+•• Burial EMETERY OR CREMATORY -NAME 7+6. Rosebud Cemetery LOCATION \l )+.. Glenwood orinas, Colo, DATE 1.10,.,,.' o.., .c. w1 7++. 11-20-69 FUNERAL HOME -NAME AND ADDRESS • w w .,o. wo..,Tv 00 1 7Si• Farnum Vortuar, 7002 Cooner Ave, Glenwood Sorinrs, Colo, FUNERAL nIR/ECTOR - SIGNATURE LICENSE NO. 736. 9 7 47 ,,..vC'9'li/ 829 REGISTRA9t SIIIGNATURE�/.�)���7 �� 76.......// /i aC',..1.2 Nom(,/ -( --i4 L/ DATE RECEIVED BY LOCAL REGISTRAR 26b. o.L0 v! - ‘ 9 '79 STATE OF COLORADO •.fes United States of America••'.': I hereby certify -,that the -above is a true and correct copy of the original certificate on file' in the Colorado Department of Health, R. L.. Cleere,' M. D. Direct or. o Witness my handandi.bfficial seal at Denver, in said State, this 5th day of December, A.D. 1969. DONALD J. DAVIDS State Registrar of Vital Statistics y State Registrar • '77 '33i'Rt'NS7i.0 • • No. 31 r o R/4 17 Estate of Recorded at 3; . 30 P.M. March 24, 1971 Recepticn No. 249290 'Ella Stephens,Recorder. STATE OF COLORADO DEPARTMENT OF LAW INHERITANCE TAX DIVISION RELEASE OF INHERITANCE TAX LIEN Genevieve L. Dever Pook 418 Page 57 Date of Death November 17, 1969 Gross Estate $ 83, 600.34 It appearing to the attorney general that it is not necessary to preserve the lien granted by the Colorado inheritance tax law against the hereinafter described real estate, in which the above named decedent had an interest, by virtue of the authority vested in me under the provisions of Sec. 138-4-61, CRS., 1953, I do hereby forever release and discharge the inheritance tax lien against the following described real estate, o -wit: Resitence property at Noname Park, a Colorado, in Garfield Countydenwood Springs, , Colorado: A tract of land containing 5 acres, situate in the SE corner of the NESW4 of Sec. 2, Tp. 6_ S. P.M. hounded on the � R. 89 W., 6th North by the South line of the former State 'Highway (said Highway location bein a that of present U.S. Hi�hwa g PProximatel_y East line of said NESWb y No. 24), on the East by the • y �' Sec. 2, and on the South by the South line of said•NLW�' Sec. 2., and on the West by a line parallel to the East of sa 4S at the distance necessary tone make thed5Nacrjes of SeC: 2, Also an interest in the Brown and Monroe' Ditch, and the -- J. C. Brown Lateral equal to the'amount which would be adjudicated to said laud under the laws of the State of Colorado, being 1/10 of one cubic foot of water per second of • time . Excepting therefrom the lands (two acres) and the ditch and water right (0.04 of one cubic second foot) des_ scribed in and conveyed by deed recorded as Doc. No. records. 228534 in Book 363 at Page 370 of the Garfield County And also excepting therefrom the lands (0.238) acres, less rights reserved, as described in and conveyed by instrument recorded as Doc. No. 227359 Page 411 of the Garfield in Book 361 at County recorrdd s. And subject to the permanent easement for a domestic water pipeline, granted by instrument recorded as Doc. No. 227360 in Book 361 at Page 413 of the Garfield County records. And subject to existing. rights of way. held in joint tenancy with John L. Dever. Dated at Denver, Colorado, March 17 , I9.J...t. By DUKE W. DUNBAR, Attorney General of Colorado. A. , NEIL TASHER, Assistant Attorney General. Note—This release :must bo recorded in the office of the clerk and rvcorder of the county in jehich the property is situate. 05 t �}m�t ty hk Y ! v� �I U', � �1 �Icrt111U11���r t� � w.,. � w❑ Jbtiiiii! - _. No. _ 3062_ • STATE OF. COLORADO, COUNTY OF GARFIELD. 5s. The undersigned hereby certifies that the foregoing __ --tWO entry-ies number 30 to 31 , inclusive, constitute -s a true and correct continuation of Abstract of Title showing all instruments which appear of record in the office of the County Recorder of GARFIELD County, Colorado, from June 3, 1970 at 8:U0 o'clock A.M. , to the day and date hereof affecting the title to A tract of land situate in the Southeast corner of the NE1/4SW4 of Section 2, Tp. 6 S., R. 89 W., of the 6th P.M., bounded on the North by the South line of former State Highway (said Highway location being approximately that of present U. S. Highway No. 24), on' the East by the East line of NE4SW4 Section 2, on the South by the South line of the NE SWa Section 2, and on the West by a parcel of land conveyed to Georgia 0. Pratt by Document recorded January 28, 1965, in Book 363 at Page 370, Document No. 228534. Except instruments pertaining to Zoning or County Subdivision regulations in Garfield County recorded or filed subsequent to December 15, 1970. In GARFIELD COUNTY, COLORADO. EXCEPTING THE FOLI.OIVING, TO -WIT: (1) Instruments pertaining to mining claims, ditches, pipelines, springs, reservoirs, roads, highways, railro^cls and other public utilities wherein the descriptions are insuffic- ent to identify the land abstracted. (2) Chattel Liens affecting crops, equipment, attachments ,incl fixtures located upon, used in connection with, or appertaining to said lands. (3) All Financing Statements or other documents reflecting security interests, or possible security interests, in crops or fixtures filed in the records of the County Clerk and Recorder, pursuant to the Uniform Commercial Code, which do not describe the sub- ject property, or any part thereof, by legal description. That due to conditions prevailing in GARFIELD County, Colorado, the following excep- tions are made: That the undersigned is a duly qualified and bonded Abstracter operating under a lic- ense granted by the State of Colorado, and is a member in good t.tanding of The Land Title Association of Colorado and of The American Land Title Association. Dated at GLENWOOD SPRINGS, Colorado, this Twenty-ninth day of July, A.D.1.975 at 8:00 o'clock A.M. STEWART TITLE OF GLENWOOD SPRINGS, INC. Ey ccirtary mut j : m" "+C rAuIFRS4L�t,m