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HomeMy WebLinkAbout1.0 Application• • • September 29, 1980 Board of County Commissioners Garfield County Courthouse P. O. Box 640 Glenwood Springs, CO 81601 RE: Crystal Springs Farm Dear Sirs: The owners of Crystal Springs Farm, Stephen A. and Phyllis R. • S. Smilack, hereby request to subdivide the above named pro- perty, consisting of approximately 16 plus acres, into five single family lots. All lots are greater than 2.5 acres. Included in this letter and accompanying pages are all of the maps and information required for a Sketch Plan Application in Section 4.01 of the Garfield County Subdivision Regulations • SOIL SUITABILITY The Crystal Springs Farm is almost entirely soil type 70D. This soil is suitable to support septic tank absorption fields, dwellings and streets. A portion of the parcel is soil type • 20F. This soil type is not well suited for development. Each lot has an accessible building site on soil type 70D. SEWAGE DISPOSAL Sewage disposal will be by use of a septic tank and leach field • for each parcel. WATER SYSTEM Domestic water will be provided by two wells. One well, cur- rently in use by the existing residence, provides an adequate • quantity of water for two to three residences. An additional well could supply the northern lots. The parcel has senior ditch rights from the C & M Ditch (see included verification). • • • VEHICULAR ACCESS Vehicular access to lots 1, 2, 4 and 5 will be by way of a com- monly maintained private drive within an access easement. Ve- hicular access to lot 3 will be by way of a private drive. The development, therefore, will have only two vehicular access points off of County Road 103. • • • • / AI •410 . S . Smilack Board of County Commissioners September 29, 1980 Page two We offer our full cooperation to you and the County Staff in the processing of this application and thank you for your consideration. Sincerely, ' Stephren A. _Smit ack • • • • • • • SAS/PRSS/lp enclosures • • • WALTER E. BROWN 111 ATTORNEY AT LAW 1131 GRAND AVENUE P.O. BOX 1512 GLENWOOD SPRINGS, COLORADO 81601 (303) 945-2361 September 29, 1980 Stephen and Phyllis Smilack 2755 County Road 103 Carbondale, CO 81623 • RE: Crystal Springs Farm • • • • • • • To Whom It May Concern: I have examined the title commitment of the property described in the Stewart Title Insurance Policy, Order No. 6539, Schedule A, and in my view, Stephen and Phyllis Smilack have full and good title in the pro- perty described therein, subject to those exceptions contained in Schedule B of said same policy described above. The Smilack's interest in said same parcel of land is insured by Stewart Title Guaranty Company in the amount of $140,850.00. A copy of the above described policy and schedules is attached hereto as Exhibit "A" and incorporated herein by this reference. Walter E. Brown • American La -?d Title Association Commitment - Modified 10/73 f tdF .611.'aft`Vie. .. .. .. � 71 COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corpo .ti. , herein called the Company, for valuable consideration, hereby commits to issue its policy or poli •�'.f title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as • 4 ner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schee. le A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the iy of the proposed Insured and the amount of the policy or policies committed for have been ins ed in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by bsequent endorsement. This Commitment is preliminary to t suance of such policy or policies of title insurance and all liability and obligations hereunder sha e and terminate six months after the effective date hereof or when the policy or policies committ . shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not • ault of the Company. This Commitment shall not be valid or binding until countersigned by an authed officer or agent. IN WITNESS WHEREOF, te Company has caused this Commitment to be signed and sealed, to become valid when counters 'ned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commit -nt -s effective as of the date shown in Schedule A as "Effective Date." fn/!/tAv,c6vay�, LORPOR4 �yr1 $W;�� Hi 1908 'or Tf X A') o''�� STEWART TITLE GUARANTY COMPANY Chairman of the Board President e Serial No. CC 67360 406000 • • • • • • • SCHEDULE A Order Number: 6539 1. Effective date: AUGUST 27, 1979 AT 8:00 O'CLOCK A.M. 2. Policy or Policies to be issued: A. ALTA Owner's Policy Proposed Insured: STEPHEN A. SMILACK and PHYLLIS R. S. SMILACK B. ALTA Loan Policy Proposed Insured: ESTATE OF ELBIE L. GANN and c. ESTATE OF WILMA B. GANN Commitment Number: Amount of Insurance Premium 140,850.00 $ 408.75 5105,000.00 20.00 Tax Certificate 5.00 $433.75 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: ELBIE L. GANN and WILMA B. GANN AS JOINT TENANTS 4. The land referred to in this commitment is described as follows: A tract of land situated in Lot 10 of Section 13, Townshi Range 88 West of the 6th Principal Meridia Garfield Count lying Northerly of the Southerly line of i Lot 10 and Wes Easterly line of said Lot 10, described as o ows: 7 South, , Colorado, terly of the Beginning at the Southeast corer of said Lot 0 whence the South Quarter Corner of said Sectio bears S. 00' 154a E. 1324.03. feet; thence S. 89'47'32" W. 708.33 along the Southerly line of said Lot 10 to a point in a newly -constructs •nce; thence N. 00'06'1 " W. 170.55 fee ong said fence; thence N. 25'34' . 29.45 feet ong said fence; thence N. 03'21'33 E. thence N. 63'11'24" line of said Lot 10; thence S. 00'27'54" E. 653.91 feet along said fence; 754.53 feet along said fence to a point on the Easterly 187.71 feet along the Easterly line of said • Lot 10 to the Southeast corner of said Lot 10, the point of beginning. Excepting therefrom, that portion conveyed to the Board of County Commissioners of the County of Garfield by Quit Claim Deed recorded October 5, 1965 in Book 370 at Page 179 as Reception No. 231837. (See copy attached.) • COUNTY OF GARFIELD STATE OF COLORADO • Aulhoiilyd Countrisignatwe • Page 2 1652 ti'I'ENs-AR'I' 'I'I'I'I.I4. GUARANTY COMPANY • • • • • • • • • • • Older Numbei : 6539 SCHEDULE B — Section 1 Requirements Commitment Number: 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. Release by the Public Trustee of Garfield County of the Deed of Trust from Elbie L. Gann and Wilma G. Gann for the use of Horace Hann Life Insuarance Company, to secure $39,500.00, dated February 17, 1969, Recorded February 17, 1969, in Book 399 at Page 407 as Reception No. 242731. 2. Proper legal proceedings, approved by an attorney for Stewart Title Guaranty Company, disposing of the interest of Elbie L. Gann. Proper legal proceedings, approved by an attorney for Stewart Title Guaranty Company, disposing of the interest of Wilma B. Gann. 9&73' 1653 ,/4. Release of subject property from the lien of the in the Estate of Elbie L. Gann, deceased. ✓ 5. Release of subject property from the lien of the in the Estate of Wilma B. Gann, deceed. 6. Deed from parties to be determined in and Phyllis R. S. Smilack. The legal on the face of said dee• preferably in the address does not ap. . , the Clerk an the recording of said do• 1e� •nt. lorado Inheritance Tax Co ado Inheritance Tax ms 2 and 3 above to Stephen A. Smilack ress of the grantees must be inserted he body of said instrument. If Recorder is required to deny 7. Deed of Tr from Stephen milack and Phyllis R. 5. Trustee of rfield County f• the use of the Estate of Estate of W1 a B. Gann to secure $105,000.00. Page 3 Smilack to the Public Elbie L. Gann and the ST E WA R T TITLE GUARANTY COMPANY • • • • • • • J • • • • SCHEDULE B — Section 2 Exceptions Order Number: 6539 Commitment Number: The policy or policies to be issued will contain exceptions to the following 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 hen, for services, labor or material theretofore 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. Any and all unpaid taxes and assessments. 7. Any law, ordinance or governmental regulation (ri to building and zoning ordinance) restricting or the occupancy, use or enjoyment of the land, or r dimensions, or location of any im, ��--oo'event now or land, or prohibiting a separation wnership or or area of any lot or parcel of lan 8. The effect of inclus protection, soil cons service or street i,pr luding but not limited gulating or prohibiting ulatinn the character, h reafter erected on said a eduction in the dimensions in any genera or specific water conservancy, fire tion or other district or inclusion in any water ent area. T►. �1 9. Right o t e proprietor 4 vein or lode to extract and remove his ore therefrom should the sane be found to penetrate or intersect the premises hereby gra ted as reserved in United States Patent recorded December 30, 1893, in book 12 . 'age 264 as Reception No. 16723. 10. Right of way for ditches or canals constructed by the authority of the united States as reserved in United States Patent recorded December 30, 1893, in Gook 12 at page 264 as Reception No. 16723, 11. Any and all Federal Estate Taxes that ruay have become due and payable due to the death of Elbie L. Gann and Wilma 8. Gann. Exceptions numbered are hereby omitted. Page4 STEWART TITLE 1654 GUARANTY COMPANY <i f ibls NV -141 '0J -I9 WV.: S9WI?k 1V.L9,L7 N ,9 m X n o 1 ''. ?inp Vnit No. 70D SOIL CHARACTERISTICS • • ;Depth:to Bedrock Texture ,r. s =Surface _ 4,1S ubeoi1 _ 6vbst.rat urn cobble, atone) ,Ahtified/AASHO Classification: 7:1•I'arcent Coarse Fragments y1R — s �` ,r 4 n tJ� poi ., Raactian (pN) Sbrirk-Swell Potential ••17.741 N. Frost Action' .;(surface) • r loud=-aazard "Hlidrologic •Croup Yorrosivity-- Steel - Concrete CREE.4 TNID'OF LIMITATIONS i0tis?8iight, M .is . Moderate, .=Severe) x., pat lent. ;Absorption .r. one tory:taadfiil -;Trench Area -110WPar.cavations , i r/baseaiente R :vJo baseaents ca11 ens, and Streets UITILI?f:SAS.A SOURCE OF.... rkx:4 ;4 r`=,'%peon: aily Cover for Landfill Send Y. : Vravel 4,zo.arm ROadfiI1 :R :SOIL VEATURES deep silt .loam silty clay loam, clay loam clay loam, silty clay loam, silt loam ML, CL; A-4, A-6 moderate 0 to 10 percent 7.4 - 8.4 moderate : mod a rete - none B high : low :-M - permeability rate, slope : S - steep slopes , .seepage • M - seepage M -•seepage 1� - steepness of M - steepness of : E! - shrink -swell : M - shrink-s1Ye11 slope slope , law strength, steep slopes , low strength, steep slopes Fair -.seepage, steep slopes $ Fair - steepness of slope i Unsuited : Unsuited : Poor - low strength, shrink -swell, steep slopes 'ADVANCE COPY SUBJECT TO CHANGE" NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION. !` ! : •:�' V4 70D Unnamed silt loam, 6 to 12 percent slopes - This'is adeep, well drained soil on upland hills, valleys, and benches .at elevations of 5000 to 7000 feet. It formed in loess -influenced Redbed parent materials and alluvium. The average annual precipitation is .bout 16 inches. mean annual air temperature is about 46 degrees F., and the average frost -free period is about 110 days. included in this unit is about 5 percent Allessio soils, having slopes of 6 to 12 percent. ;Typically the surface layer is dark brown silt loam about 14 inches thick. The subsoil is brown clay loam or silty clay loans about 26 inches thick. The substratum is clay loam, silty clay loam or silt loam that :extends below 60 inches. permeability is moderate. Effective rooting depth is 30 to 40 inches. :Available water'capacity is 0.16 to 0.21 in./in. Surface runoff is slow and -erosion" hazard is slight. This soil is used for hayland and cropland. Land Capability Unit: 4E Irrigated Range Site: Deep Loam 4E Nonirrigated ter, Q Pbrt A e - SOIL CHARACTERISTICS :depth to Bedrock Texture Q�Y'.'b.►,...%......Surface : '`Subsoil ;,;a;,Substratusl _Unified/AASHO Classification: et7seability. (below 2 feet) : •rcent .Coarse 'Fragments 'x�::s%T gravel, cobble, stone) : oil Reaction •(pft) :"'Shrink -Swell Potential 'Potential Frost Action' 1 .t(surface) ":Jlood..Hazard ;-.7Hydrcilosic Croup osivity .Steel Concrete ,f, .'.11CIND - OF - LIMITATIONS O i.s•`Slight, =M is Moderate, :'°Severe) - ettc"-Tank 'Absorption +Se; Lagoons. taryI.andfill - Trench s a . - .Area . : Cavations -.':- t/basements w/qac- basements 1,}Roads TAIMATT AS ,v ally' Cover opeoil ravel Roadfill 4'y} -OTHER'-:'SOIL FEATURES • and .Streets A SOURCE -OF..... :for Landfill mrd. re1A;l y drnn to co(Iblo, stone stony losm, cobbly loam, gravelly loam vary stony loan, very eobbly loam 1.'L. CL -NL, SC; A-4 rapid 40 tek Ht, poroon1. 7.4 - r..4 low low none moderate moderate ''r S large: stones:, steep . slopes S.- steep slopes, seepage, lar• ge stones - seepage, la.rge stones S steep slopes, seepage. S - rlargo stones,-cutbanks.'cave, '_steep slopes 5 large stones, steep Slopes S -.steep slopes, largestones 5 -'steep slopes, large stones Poor - large stones, steep slopes : Poor -- large stones, steep: slopes : TTnsui ted : Unsuited Poor - :arra, stonos , steep slopes 20 = `'J1ii,020,4Trtdell•Drownsto complex, 12 to 50 pert. t slopes. $T1 $:41ap'",'unit..1s on mountainsides and mesa breaks. Elevation is ::', ,loo Feet. The average annual precipitation is 14 to 1$5.''5the ayer..age annual air temperature is 42 to 46 degrees • T .. .4 �►e,aiverage,rroat=free periodis 85 to -105 days. _.The lia-kion is mainly small .conifer trees, woody shrubs, s•:.7 -tris... -unit is 45 percent Tridell and 35 percent Browns_ to. �4nta bf tfiis ;unit are so intricately intermingled .t.hat liCtiaal to -map them:: separately at the scale -used . pY1 a#F. L tgthis unit are small areas of F'orelleand Ciaofa s ;;less sloping areasof clearings. Also included, _ r.14 l : 1i.Or�ea �,.i zpf .basaltiooek outcrop and soils that are. - � —. f 7 • '.JrSi� M.. *�dbi .Trod -ell .soil but have less gravel and stones. ars az eske ,gyp .about °20 percent of the total +acreage-- . ?.t10il '1a ,d.eep. and somewhat excessively. drained , -uvi••umantl,aolluvium .derived dominantlyfrom aY on* 5rand basalt. -.=Typically, ' the upper part of the surface � n yA-ash .brv-Wn gravelly fine sandy loam about 2 inches �• owett-part is-grayishbrown very cobbly fine sandy • .aa -ib :eaa�,t`r3��' • bhe •,,thick.. -The upper 16 inches of the underlying s very Cobbly -fine -sandy .loam. •The next 12 inches is e ;:.sandy loam. • The lower part .to a depth of 5U ,stony loamy sand. Depth to hard basalt ranges !:°m ,11,it?'' X t3, bin layer d_l-eaves. s ,an the surface arches.' . The soil is calcareous throughout the of partially decomposed needles, twigs, in many places. -.r./er-aeability of the Tridell soil is moderately rapid. • 20F Matl:Abla -water c eµae i Ly is low. Effective ruoting depth is 10 aaohes, 'Aunoff is rapid; .and 'the hazard of water erosion 114 ,,j0411, ;fit ;wax e.i. ;. r.owp;to soil 71s -deep and -well drained. It formed in 'derived dominantly from coarse textured calcareous dsirDp,e 4fld basalt. _Typically, -the upper part of the surface " i tet•e lght browna sh tray gravelly sandy loam about 4 inches oh; ? Tale:lower part is .lignt gray loam about 7 :inches thick. ' n heL of the .underlying material is ;gravelly sandy 7k.x':12 `,-inches is gravelly loamy sand. The lower part .:'inches. i3 .gravelly sandy loam.. -A thin -layer of ocspbsed.,-needles, twigs, and leaves is on the surface r, _ �armeab, ity.of:the.,Brownsto:soil.is-moderately rapid. 11111E1rtetr4capacityis,low. ---:Effective rooting depth .is 20 k Y � unOrf iivisoderately rapid, and the hazard" of • -- J4 3 'used mainlyt.°for livestock grazing and 'wildlife al*ouaed'".for firewood, posts, Christmantrees, . soipi.te :.development. ;..10� °. e` potential plant community on the Tridell soil is mainly aya_aV. pipe andAltah:,,juniper with an understory of bluebunch rasp, Indian-ricegrass, Wyoming big sagebrush, and ROn'-the' Brownsto soil it is mainly Wyoming big ageb-r h,-,, --needleandthread, Indian ricegrass, western wheatgrass, d.:ttered pinyon pine and Utah juniper. Other vegetation '9aaoJy 1lreaent _in the ,potential plant community on these •soils incudes bottlebrush squirreltail, antelope bitterbrush, and true • 2_ 0 F • *911A41411141110.gatii.-. The average annual production of native itrAitOrY;Yegetatiort.on the Tridell soil is about. 300 pounds of ra, epitiOn,per,;,acre. :The average annual production of vegeta On'on the ,.Brownsto soil is about 600 pounds .per ,• . Whlrfltthl:it poor -condition; annual weeds • deteriorates, Wyoming big sagebrush, increase. These plants are dominant therefore, grazing should be ktiftttriwyclesirect balance of species is maintained In • L • tlecaiMun*ty.'4i.,,i}lamagement--practices 'suitable for use on • rit4i*isrrazing! use and a planned grazing ;system. livestOck:iind results in overgrazing of r.44i1 • " ' . ***A.iwtfig4rfils. -Mechanical treattnent is not practical, ; . fisikamis*A.;11A-44al 144it);:e;;.is -stony-and the slopes are steep. Selective e"i4i1;iyOn.-.=and- juniPer improves -the quality of the — - '• 4 .1 -grazing 'and 'provides firewood, posts, 'end A j; _ • • -.4Ktirdeas . • ,is suited to limited production of pinyon per, _average- annual production 13' itr..%sol'ai44iti..,..average stocking rate is trees per • yields and continued use, the kind Of • '4. • .-- *?11414Tr,p;11.10;tif**Ould' b e considered before using management 4114014.4441sCh as thinning and cleaning. Special care is needed titi:414-0'-ialirse-ltrosiun when thining and when applying other forest t 0A development. If this unit 20F X401.19d,ztor,-d.eveIopment, 'the main limitations are slope and a::the,aoil. :Erosion is a hazard in the steeper areas. arxxo •`Atte llite "that is lased for construction should be aoil-can.e .stockpiled and used to reclaim areas constructions":- Plana for homesite development • avide for the preservation of as many trees as possible. �vltif •pebbles -and :cobbles in disturbed areas is needed for aeny-iandscaping, particularly in . areas used for as n Shia un -it -adjacent to hillsides are -occasionally ?which; may also be accompanied by movement of , population -growth has resulted in increased `fir' z y t°=t+_iomes. on --.'thin unit. 4 -map;,unit is in .capability unit Me, nonirrigated. Clr3oi1 is iri Pinyon -Juniper Woodland site and.the Foothilis‘,Range site. • 110r;,rdcr. SIM *$1JWWR1 fFf MAY€ - PJ MOP' (;,ints of I. Tordd h of 1,I. fir.,,t part, and G.irf field and State of of t}:, C.•;u:2y .,f Garfield and Stat.. of (.% .t., pa! �YI'f\ESrF:TTi, tFac the said party of th-. firstpart, f,,r and in cons,du,At .n of t• , .n, f TEN DOLLARS AND OTHER VALUABLL: CONSIDERATION' t. the said party of the first part in h. rd paid by the said parties of the r'ccond part, the r.n..l,t dr.: r. .t* ,s hereby eronf,-s ,rd and at:,howled r'd, ha S granted, bargained, ar,l,t and conveyed, and by these 1:,r's,n r S grant, brn i:, .dL convey and cotsf•r:r unt .:.e said parties of the corn , pa. , Ihei Leir's and ;'.' • • tint n t• Walley fir, C.in rno but in joint tc. • .- ...... .i.e following desclibcd`lot, orp 17,-er•'. a°: 1:,-^l, s74 ...:,•, ::rg and ';1.eir.g in the • (e Ln:v of Garfield and State of evii,rado, ait: A tract of land situated in Lot 10 of Section 13, Township 7 South, Range.88 West.of the 6th Principal Meridian, Garfield County, Colorado, lying Northerly of the Southerly line of said Lot 10 and Westerly of the Easterly line of said Lot 10, descrilhd as follows: Beginning at the Southeast corner of said Lot 10 whence the South Quarter Corner of said Section 13 bears S. 00°27'54" E. 1324.03 feet; thence S. 89°47'32" W. 708.33 feet along the Southerly line of said Lot 10 to.a point lin a newly -constructed fence; thence N. 00°06'19" W. 170.55 feet along said fence; thence N..25°34'08" W. 29.45 feet along said fence; thence 03`211.33" E. 653.91 feet along said fence; thence N. .63°11'24" E. 754.58 feet along said fence to a point on the Easterly line of said Lot 10; thence S. 00°27'54" E. 1187.71 feet Jong the Easterly line'of said Lot 10 to the Southeast orner of said Lot 10, the point of beginning, containing 6.287 acres, more or less_. E::CEPTING easements and rights of way of a public or private nature-includiria County Road. easements. ' 0CET1:i:R WITH 0.5 c.f.s. of water from the C b ": Ditch and ars ,pasc ent or right of way -for purposes of conveying said water rc . the ditch as presently established to the above describe r(pCrty _ 1Y1CIT1IElt witf, all nr,d usriguiar the la.•rtditarnents and appnrtkna r •y th r2.• t'1. i mi. •' r: any %V i,, App. 12,4t.t int, act! t", reversion and rcv'eriiona. r.mal "&r and rrm» ndcrs, • ... , ,e :e s an.' , r tit• :h,•• :,f: at.' 4.: the estate. nett, title int. rest, , Ic,ue: and demand w i.: is.ver of tie an:J . _ . .1;.• tin:• .k. r r ; .: of. :n said to the above b,tgained pn niisea, with the herrditan;c t • 4-1-7,2,- • -4.4" a, *fy...„.„.- 44,44 .7'4a < • '7: 1".4 - 4§T-; v:3` _-. *7* 4, it 4 r4i: 4.'"•:4::r11 1• .A• • "' ' ••; A- :2. <13 , • -" • 3, 7 j , ' • '•• • --•• < 1..:-<•••! •< , peut•f-10.• • !,• ; t'ir partwis troe 1,Jecor,:.! part', tz.• • .r perqens zi:rusrtg- or to clairr. the or any part : • •:'•• W A E.P. ANT A (LEVER DEF I.N v- 11 111 it e s4.l the f;r4t part bsi Lerowito set :1 h:, • - . f A11.4 County of s' , •:.-• •, :• ?• V;;III-11111110a expires 1 • • • • • • • • • • • • art.rQ t.5►�ti.e>r .�e.._,,_ 9.65.. s+� }I NO�Z j10 • TMs DZIID, Made this 4th macer October in the year of our Lord one thouaaad nine bundled and S ].1C ty-• f i ve between GEORGE•J.PETRE of the County of Garfield and State of Colorado. of the first pait, sad MARTIN KELLER'and FLORENCE E. KELLER of the "County of Jefferson and State of Caterado. of the ascend part: WZTN EftitE+'i11.-That the maid part Y of the first part. for and in consideration of the aunt of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION .. _-Maxx ..91.\ I.tI(l Rook 370 f1 Page1P5 w"v a►svttnr - 4.4`J^ �m s 4)4) 44. .- .r..v,.r. .•t...0 ur .. •iii 4) ....... ,) 1 41TtU STATIM flTu14i ti1ll}"', r, s1c `rtl to the staid part Y . of the first part in hand paid by the said parties of the second part. the receipt whereof i• hereby confessed and acknowledged. baS granted. bargained. sold and conveyed. and by these presents do f: grant, bargaia, sett, convey and cordis unto !Meth' parties of the second part, their heirs and axaigne forever, not to tenancy In eoasrlon but in joint tenancy. all the followipR deneribell lot S or parcel S of land. situate, lying and being in the County of Garfield and State of Colorado. to -wit: • Lots 7, 11 and 14 of Section 13,.. Tp. 7 S., R. 88 W., 6th P. ;•1., to- gether with all water and water --rights, ditches and ditch rights, used thereon or,appurtenant°thereto, and especially one-fourth (1/4) interest in the C and M.Ditch and in?Priority.128, and a one-sixth (1/6) interest in' the C and F enlargement of the C and M ditch and - Priority 218 - R; together with any and all improvement,: situate .. thereon. . , RESERVING,,IIOWEVER, all that part of said Lot 14 lying Northerly of the center line of.the County Road, which County•Road is describedas' follows: A strip of land 60 feet r in width, to be used for county roe ' purposes, situated 'in section 13, Township 7 South, Range 88 West of _ the 6th -Principal Meridian, Garfield County., Colorado, being 30 fort in width on each side of the following described center lino: >�. ning at a j oi.nt. on the Southerly line of said section 13 whence t h, South Quarter Corner of said section 13 bears N. 89°54'45" W. 0.69 feet; thence N. 01°29'10" W. 405.40 feet; thence 243.21 feet along d the are •of a curve to the right having .a radius of 790.35 feet, t:•c• chord of which bears N. 10°07'10" E. 237.28 feet; thence• 313.901 .•t j along the arc of a curve to the left having a radius of 543.11 1 , the chord of which bears N. 00°46'40" W. 309.57 feet; thence'N.• 17°20'1.0" W. 66.13 feet; thence 297..114 feet along the arc of a cute t to the right having a radius of 933.87 feet, -the chord of which beat N. .10°02'20" W. 296.20 feet; thence N.!00°54'50" E. .1733.79 fe<•t;i th9'nce 279.39 feet along the arc of a curve to the right h.ari nc; d; radius of 378.67 feet, the chord of which bears N. 22°03' E. 273.09 fret.; thence 214.26 fret along the arc of a curve, to the right ha4in,. a radium of 393. 3 feet., the chord of which bears N. 58°4R'2c" E. 211.70 feat; tike 111.61 feet along the arc. of a curve to the ri;uht having a radius of 711.22 feet, the chord Of which bears N. 78°x15'15" E. 111.49 feet: thence N. 83°25' E. 115.08 feet; -.thence 199,.38 foot ,l -'tag the are of a curve to the left having a radius of 1074.57 feet t3:o chord.of which bears : N.. 18°06'. E. - 199.14 feet; thence N. 72°47' E. 88100 feet; thence 199.42 -feet along the arc of a curve to the riaht/t having -a radius of -1066",16 feet,'°the chord of which bears N. 78°08'30" E. 199.,1.3 feet;:theiace N. 83°30' E. 172.00 Feet; thence 17,6.37 fret along .the Arc of 4 -curve :to the left having o radius of 361.40 feet., the chord„of which bears N. 69°30'50" E. 174.69 feet; t hc•nc-<- `"10.99 fret .1 -tong t tLt' arc of a curVe to .the left having a rad- ius. fct.t, t_lie chord 'of which hears N. 53"33401".E. 50.99 =t..,cnGe.; N. 51°34 `21" .,,E.. 1 .4?b.r stet; thence -311131 feet along of a curve q _the ; left al in ea- xadius of 247.75 feet, the ho d of. which boars N::15"34'13E. 292.20 feet; thence N. 20°25'54 W. 367.41 -feet; thence 199.15 feet'along-the arc of a curve to the - right hiving a .radius of 315.97 feet, the chord of which hears N. 02°22'43" W. 195..84 feet; .thence -M.15°40130" E. 5.49 feet; `thence 153.01 feet along the arc of: a curve to the right having ;IL'radius cf 209.50 feet, the chord of which ,bears N. 50°.1G4.22" E. 237.83 feet; thence 198.15 feet .along the arc of.a curve to.the right: having .j radius of 583.24. feet, the chord of which bears S. R","; 3' 1'1f," E. 197.12 ,feet; thence S. 75°40'10" E. 130.60 feet; thence 1 39.82 fret along`thearc of a -.curve -to thV left having a radius of 1924.29 feet, the.chordpaf-which bears S. 73°35'10" E.-.139.91 feet; thence S. • 71'30'10".E,--29.97 feet; thence 217.86.feet along the arc of.a curve to'the left 'having a radius of 681.67 feet, the chord of whic bears S. .80.40'10" E.' 217,19 feet; thence 5 89°50`10" E•. 312.31 .leo! to a point -on •the Easterly line of said section 13 whence the:. Fist t;u.ar.- terCorner, of maid ,section 13 bears S. 02°03'29"-'E. 1930.81 feet, is A Li 1 ."t r , of cubic foot of w:it f'r t i I't . c, { c<,t:i3 _{}'a•]..t- "e W 11 Itch And PrtOrity �3c�. 1•l{ (• -�atltl cw;<lt~, on ht -cif -way 1 t ;Arid dcr<VSS t hi prop&, t t . r :' <: I n hot 1,t,1i n 14.1 i, . 3 <ti i 1, s •tttl other !tt1nel,t •, t t V. •itwl•"iill•lf wit', r'' :,e -=i •.,r:y;ttter the hete.ittantents and •ppurtenanees ther•etWto belonging, of in anywise T. t, r- „::d rrveroba'r, remainder and remainders, rents, issues and profits thereof: and •, of the fitat pita, o,'her in ;:;tern and d+'ms•ntl w�ltat!•eret'en' of the mini port `� t ,urtrnanre ,,,.w ?,.srgnia}ed prontinert, with the hnreIitsmcnta and al Ttt it 111'\It'I+t HOLD thr &a.:1 p:rinse• above bargained and described, with the appur\enanc •, unto the• I :,.• ., 1 part. their heirs and a•4tgns forever. And the said part y of the first part, f.'r 1". • . - s.1 ` , 3:ets� dxecutnrs. and administrators, do' cS covenant, grant, bargain and agree.to ‘,a4 ;Lb the uacties of the sewed part. their heirs and assigns, that at the time of the enaealing and delivery ihr.r p vienia. is well seized of the premises above conveyed, as of good, sure. perfect. absolute ranittkk evtAie of inheritance in law, in fee simple, and ha S good. right, hill power and lawful authority set: and conv.fy the same to manner and form aforesaid. and that the same are frerrrtnd clear from : other 1't ants. b.argatnf. sales, liens, taxes. assessments and incumbrances of whatever kind or nature, • e , . }.•.,•.. ' arg:eired premises in the quiet and peaceable posseaalon of the said parties of the second part, their • . a= ! a•,• ,vr,, against all and every person or pe ons lawfully claiming or to claim the whole or any part thereof. part y of the first part shall and will WRANT AND FOREVER DEFEND. 1 V. TTNESS W 11I:REOF, the said part y of the first part ha S . hereunto Leet . t: l 1, hand and •-.0 the day and year first above written. • TATE .OF C01.Ol:A1)O, County of GARFIELD • 'f ht,fore,g4tg instrument was'scknowledged before mr thij 0 . ix5 -,rat` QRGE • J . PETRE. )4.40111141111Adiesf expires JUT' _.,:•. !'hr ntur.af wa�to+• •r p•lrwee• fkere.."'%n•.rt asses oe steer. If br ion.. •<:.M• M'rryr.vnue{,l Off ert.ctal catrenr or •• .•,, TM+a•r r-e<hr of Mr..! .*.44v ti..thtrper- M•t•'t or MINK eap•rttr or .4., r,ntwxn, If to off on, of eintoratiea. t,.re am -rt nam. ... 4, EY .,then uf re.is .. .es •f Werpnntt,,, n•aa.ng tt. - 1.l cied 10/17./0 SCHEDULE A Order No.: 6533 Policy No.: 0-433170 Date of Policy:JANUARY 15, 1930 AT 4:00 O'CLOCK P.M. Amount of Insurance: $ 140,350.00 1. Name of Insured: STEPHAN A. SMILACK and PHYLLIS R. S. S1IILACK 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: STEPHAN A. SMILACK and PHYLLIS R. S. SMILACK IN JOINT TENANCY 4. The land referred to in this policy is described as follows: A tract of land situated in Lot 10 of Section 13, Town 7 South, Range 88 West of the 6th Principal Meridian, Garfield C ty, Colorado, lying Northerly of the Southerly line ofid Lot 10 and sterly of the Easterly line of said Lot 10, described �ollows: Beginning at the Southeast Quarter Corner of said Sec thence S. 89"47'32" W. 708. to a point i newly -const thence N. 0 19" W. 170.5 thence N. 25 '08" W. 29.45 thence N. 03'2 '33" E. 653.91 rner of said 10 whence the South 13 bears S. 0'27'54" E. 1324.03. feet; eet along the outherly line of said Lot 10 d fence; t along said fence; along said fence; Let along said fence; thence N. 63'11 24" E. 754.53 feet along said fence to a point on the Easterly line of said Lot 11 thence S. 00.27' E. 1187.71 feet along the Easterly line of said Lot 10 to the Southeast corner of said Lot 10, the point of beginning. Excepting therefrom, that portion conveyed to the Board of County Commissioners of the County of Garfield by Quit Claim Deed recorded October 5, 1965 in Book 370 at Page 179 as Reception No. 231337. (See copy attached.) COUNTY OF GARFIELD STATE OF COLORADO Authorized Countersignature 0012 Page 2 ti'I' I: '1' 'r I'r 1. GUARANTY COMPANY ALTA OWNER'S POLICY—Modified 10/73 `SCHEDULE B Order No. 6539 Policy No.: 0-433170 This policy does not insure against loss or damage by reason of the following: 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. Taxes for the year 1979 and thereafter. 6. The effect of inclusion in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or .street improvement area. 7. Right of the proprietor of a vein or lode to extract and remove his ore there- from, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded December 30, 1893, in Book 12 at page 264 as Reception No. 16723. 8. Right of way for ditches or canals constructed by the"ythority of the United States as reserved in United States P.,.,;t recorded De tuber 30, 1893, in Book 12 at page 264 as Reception No. 1 1613 Page 3 COPY FOR ISSUING OFFICE 4TEWART TITLE GUARANTY COMPANY Recorded at SOP- Reception No. • ,1lltd 1 5 1980 BUOK 5T2 Pls_:E3O4. o'clock /)�M, n411 C 4 Recorder. KNOW ALL MEN BY THESE PRESENTS: That, Whereas, STEPHEN A. SMILACK and PHYLLIS R. S. SMILACK, of the County of Garfield in the State of Colorado, by DEED OF TRUST dated the 31st day of August , 19 79 , and duly recorded in the Office of the County Clerk and Recorder of the County of Garfield in the State of Colorado, on the 31st Trustee in said day of August , 19 79 ,in book 534 at page 406 (Film No. Reception No. 297134 ) of the records, in said office, conveyed to the Public County of Gar ie ld certain real estate in said Deed of Trust described, in trust to secure the payment of the indebtedness mentioned therein. AND, WHEREAS, Said indebtedness has been paid and the purposes of said trust have been fully satisified; NOW, THEREFORE, At the request of the legal holder of the indebtedness secured by said Deed of Trust, and in consideration of the premises, and in further Consideration of the sum of Five Dollars, to me in hand paid, the receipt whereof is hereby acknowledged, I, as the Public Trustee in said County of Garfield , do hereby remise, release and quit -claim unto the present owner or owners of said real estate and unto the heirs, successors and assigns of said owner or owners forev';r, all the right, title and interests which 1 have under and by virtue of said Deed of Trust and to the said real estate in said Deed of Trust particularly described, reference to which is hereby made for greater Certainty. TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto belonging forever. AND FURTHER, that the said Trust Deed is, by these Presents, to he considered as fully and absolutely released, cancelled and forever discharged. WITNESSu1n 1 and:and seal this • :J 4 The Public 'hrusl ill sAid • 15th day of January i 11.11 —AS As the 'u is Trustee in sa County of Garfield ,1980. (SEAL) By County of Garfield Colorado: Please execute this release, the indebtedness secured by the above mentioned Deed of Trust having been fully paid. 19 Esta By STATE OF COLORADO, ;he legal holder of th indebtedness secured. by .aid I)e'd of ust of lb e . G. • and Wilma B. Vann David L. Gann, Personal Representative ss. County of Garfield The foregoing instrument was acknowledged before me this 15th day of January 80 , by Ella Stephens County of Garfield as the Public Trustee in said 01°3 d0 v�•. Witness my hand and official seal. j >- Art'ary Pohle U , Colorado. My commission expires f/-.3 IYo, 904 RELEASE OF 1)1:1:1) OF TRUST BY 'HIE PUBLIC TRUSTEE. —@I97$ 14:0.1101t1 I'nhh.hinF (, , IIi4(' Stout Stteel. I>:mer, <'oloardo (573.51)11)— 5.79` Recorded atm o'clock ry n Reception No. e-', `� 1 THIS INDENTURE, Made this GOOK 534 PSGE UG ecorder day of August , 079 ,between STEPHEN A. SMILACK and PHYLLIS R. S. SMILACK, whose address is Box 702, Basalt, Colorado 81621 part i e S of the first part, and the Public Trustee of County of Garfield in the State of Colorado, party of the second part, Witnesseth: THAT, WHEREAS, The said Stephen A. Smilack and Phyllis R. S. Smilack ha Ve executed a promissory note bearing even date herewith, for the principal sum of ONE HUNDRED FIVE THOUSAND AND NO/100 Dollars, payable to the order of Thp Estate of Elbie L. Gann and Wilma B. Gann whose address is CAD Mincer and Harbert, Attorneys at Law, P.O. Box 850 Glenwood Springs, Colorado 81601 after the date hereof, with interest thereon from the date thereof at the rate of eleven percentperannum,payable interest only payments on the entire balance due on the 1st of each month at the rate of 11% ($11,500.00 yearly interest) in the amount of $962.50. The entire balance of $105,0013.00 due and payable on or before January 1, 1980 with no prepayment penalty. Grantors reserve the right to prepay any amount at anytime without penalty. AND WHEREAS, The said part 1e s of the first part are desirous of securing payment of the principal and interest of said promissory note in whose hands soever the said note oA[xgjmay be. NOW, THEREFORE, The said parties of the first part, in consideration of the premises and for the purpose aforesaid, do hereby grant, bargain, sell and convey unto the said party of the second part in trust forever, the following described property, situate in the County of Garfield , State of Colorado, to wit: See Exhibit "A" attached hereto and by this reference incorporated (herein. Together with 0.5 c.f.s. of water from the C & M Ditch and an easement or right of way for purposes of conveying said water from the ditch as presently qtablished to the property described in the Exhibit ereto, the conveyance of such water right being made without any covenants of warranty whatsoever. t f cc/ • alsoknownasstreetandnumber. 2755 103 Road, Carbondale, Colorado 81623 TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto belonging: In Trust Nevertheless, That in cast of default in thc payment of said note 5t m, or any part thereof, or in the payment of the interest thereon, according to the tenor and effect of said note ryERf '3frKor in the payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in case of violation or breach of any of the terms, conditions, covenants or agreements herein contained, the beneficiary hereunder or the legal holder of the indebtedness secured hereby may declare a violation of any of the covenants herein contained and elect to advertise said property for sale and demand such sale, then, upon filing notice of such election and demand for sale with the said party of the second part, who shall upon receipt of such notice of election and demand for sale cause a copy of the same to be recorded in the recorder's office of the county in which said real estate is situated, it shall and may be lawful for said party of the second part to sell and dispose of the same (en masse or in separate parcels, as the said Public Trustee may think best), and all the right, title and interest of said part i es of the first part, the i theirs or assigns therein, at public auction at the front door of the Court House, in the County of Garfield. State of Colorado, or on said premises, or any part thereof as may be specified in the notice of said sale, for the highest and best price the same will bung in cash, four weeks' public notice having been previously given of the time and place of such sale, by advertisement, weekly, in some newspaper of general circulation at that time published in said county of Garfield , a copy of which notice shall be marled within ten days from the date of the first publication thereof to the said part ies of the fu-st part at thc address herein given and to such person or 1'. persons appearing to have acquired a subsequent record interest in said real estate at the address given in thc recorded instrument; where only the county and state is 1 given as thc address then such notice shall be mailed to thc county scat, and to make and give to t he purchaser or purchasers of such property at such sale, a certificate or : certificates in writing describing such property purchased, and the sum or sums paid therefor, and the time when the purchaser or purchasers (or other person entitled thereto) shall be entitled to a deed or deeds therefor, unless the same shall be redeemed as is provided by law; and said PublicTrustee shall, upon demand by the person or persons holding the said certificate or certificates of purchase, when said demand is made, or upon demand by the person entitled to a deed to and for the property i purchased, at the time such demand is made, the time for redemption having expired, make and execute to such person or persons a deed or I deeds to the said property purchased, which said deed or deeds shall be in the ordinary form of a conveyance, and shall be signed, acknowledged and delivered by the said Public Trustee, as grantor, and shall convey and quit -claim to such person or persons entitled to such deed, as grantee, H the said property purchased as aforesaid and all the right, title, interest, benefit and equity of redemption of the part ies of the first 1 rem their heirs and assigns therein, and shall recite the sum or sums for which the said property was sold and shall refer to the power of sale 11 therein contanco, and to the sale or sales made by virtue thereof; and in case of an assignment of such certificate or certificates of purchase, or in case of the redemption of such property, by a subsequent encumbrance, such assignment or redemption shall also be referred to in such deed or deeds; but the notice of sale I need not be set out in such deed or deeds and the said Public Trustee shall, out of the proceeds or avails of such sale, after first paying and retaining all fees, charges and costs of making said sale, pay to the beneficiary hereunder or the legal holder of said note the principal and interest due on said i note according to the tenor and effect thereof, and all moneys advanced by such beneficiary or legal holder of said note for insurance, I taxes and assessments, with interest thereon at 11 per cent per annum, rendering the overplus, if any, unto the said parties of the first 1 1 ,I part, thei r kgal representatives or assigns; which sale or sales and said deed or deeds so made shall be a perpetual bar, both in law and equity. against the said part i e s of the first per, their heirs and assigns, and all other persons claiming the said property, or any part thereof, by, from, through or under said part of the first part, or any of them. The holder or holders of said note or notes may purchase said property or any part thereof; and it shall not be obligatory upon the purchaser or purchasers at any such sale to see to the application of the purchase money. If a release deed be required, it is agreed that the pard e s of the first part, their heirs or assigns, will pay thc expense thereof. I II I II No. 341-A. Rev. '78—DEED OF TRUST (with "due on ■ale clause",)—Public Trustee—Receiver's Clause—Attorney's Feea.—Copyright © 1978 —Bradford Publishing Co.,1646 Stout Street, Denver, Colorado (573-5011) —6.79 PROMISSORY NOTE $105,000.00 Glenwood Springs On or before January 1, 1980 , for value received, WE promise to pay to the order of the Estate of Elhie L. Gann and Wilma B. Gann , Colorado August 5\ ,1q9 the sum of ONE HUNDRED FIVE THOUSAND AND NO/100 c/o Mincer and Hartert, Attorneys at Law at P.O. Box 850, Glenwood Springs, Colorado 81601 DOLLARS with interest thereon at the rate of 11 per centum per annum from date until due, payable S below* set forth Failure to pay any princip collectible at once, in whi of such default, bear intere or inter st.wend sJa11 c thi entire a to be me dile and h case, ccru d/`�rt� st an 1 sha ] mAnd/after the date t at 1 pe{ eri£u The makers, endorsers, su it'es and guarantors o thi ,not �,, te'ial y waive presentment for payment, notice of nonpayment, protest, and no ice, I r-- r re ! and in the event this note be an attorney,bysuit or oth rwise, ee t ' fee, in an collectedby 3 y amount of not less than 12 pg rce t(im of the a reasonable attorne \''''')4A • nee h ,PH S R.S. SMILACK *Interest only payments on the entire balance due on the 1st of each month at the rate of 11%($11,500.00 yearly interest) in the amount of $962.50. The entire balance of $105,000.00 due and payable on or before January 1, 1980, with no prepayment penalty. Makers reserve the right to prepay any amount at any- time without penalty. PROPERTY DESCRIPTION PARCEL 1 - 3.75 Acres A tract of land situated in Lot 10 of Section 13, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County Colorado and more fully described as follows: Beginning at a point on the South line of Lot 10 from which the Southeast Corner of said Lot 10 bears N. 89° 47' 32" E. 708.33 feet; and the South 1/4 Corner of Section 13, Township 7 South, Range 88 West, of the Sixth Principal Meridian, a brass cap in place,bears South 00° 27' 54" East 1324.03 feet from said Southeast corner of Lot 10; ALSO: to the point Thence S'89° 47' 32" W Thence N 00° 06' 19" W Thence N 25° 34' 08" W Thence N 03° 21' 33" E Thence S 67° 55' 44" E Thence S 00° 00' 00" E 299.14 feet; 170.55 feet; 29.45 feet; 403.91 feet; 311.30 feet; 482.27 feet of beginning and containing 3.75 acres more or less. A 30.00 foot easement lying Northwesterly and parallel to the following described line: beginning at the North Easterly corner of the above des- cribed tract; thence N 00° 00' W 85.00 feet; thence N 14° 18' 45" W, 265.00 feet; thence N 39° 09' 54" E 74.96 feet; thence N 48°51' 05" E 333.72 feet to the westerly Right -of -Way of an existing county road. PROPERTY DESCRIPTION P.4RCEL 2 - 3.76 Acres A tract of land situated in Lot 10 of Section 13, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado and more fully described as follows: Beginning on the westerly Right -of -Way of an existing county road from which the Southeast corner of said Lot 10 bears S. 00° 54' 50" W. 1100.65 feet, and N 89047'32" E 62.60 feet; and theSouth 1/4 corner of Section 13, Township 7 South, Range 88 West, of the Sixth Principal Meridian,a brass cap in place,bears South 00° 27' 54" East 1324.03 feet from said Southeast corner of Lot 10; ALSO: Thence Thence Thence Thence Thence Thence Thence S 48° 51' 05" W 333.72 feet; S 39° 09' 54" W 74.96 feet; S 14° 18' 45" W 265.00 feet; S 00° 00' 00" W 85.00 feet; N 67° 55' 44" W 311.30 feet; N 03° 21' 33" E 250.00 feet; N 63° 11' 24" E. 716.07 feet to the westerly Right -of -Way of said County road; thence along said westerly Right -of -Way S. 00° 54' 50" W 70.00 feet to the point of beg- ining and containing 3.76 acres more or less The following descrihed easement is nranted over and across said tract: a 30.00 foot easement lying Northwesterly and parallel to the following described line: beginning at the Southeasterly corner of the above described tract; Thence N 00° 00' Thence N 14° 18' Thence N 39° 09' Thence N 48° 51' 00" W 85.00 feet; 45" W 265.00 feet; 54" E 74.96 feet; 05" E 333.72 feet to the westerly Right -of -Way of an existing County Road. PROPERTY DESCRIPTION PARCEL 3 - 7.47 Acres A tract of land situated in Lot 10 of Section 13, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado and more fully described as follows: Beginning at a point on the South line of said Lot 10 from which the Southeast corner of said Lot 10 bears N. 89° 47' 32" E 62.60 feet; and the South 1/4 Corner of Section 13, Township 7 South, Range 88 West of the Sixth Principal Meridian, a brass cap in place,bears South 00° 27' 54" East 1324.03 feet from said Southeast corner of Lot 10; Thence Thence Thence Thence Thence along the South S. 89° 47' 32" W N 00° 00' 00" W N 14° 18' 45" E N 39° 09' 54" E N 48° 51' 05" E line of said Lot 10, 346.59 feet; 567.27 feet; 265.00 feet; 74.96 feet; 333.72 feet to the westerly Right -of -Way of an existing County Road; thence along westerly Right -of -Way S. 00° 54' 50" W 1100.65 feet to the point of beginning and containing 7.47 acres more or less. said Rebur and Cup LSb 12770 1 N 00 °54'50" E 70.04' 30 0' -� ®Q' :` I -3.1 l , I i y\\ / ,./ I iXebur 6. CuR�—tom Rebur anti Cap 181136.572 Ser b, Place L.SP 9°09'54" W .. 70 POG Parcel 8 �'\ 74.96' W / / i f •1 v hl L, fn !e I _-�N rr Rebar and Cup }J— \ OG LS#12770 1( /\\ " ( 1 1 r. UGhty \•\\�t p 12cbur It Cup \ �'o, C; S 1 LSU 36572 Set in Place ` \�, CA 04 '-\\\\ ,�P v \\ I..11 1 ® \\\,,--- 20.0 0) 1 4 a ` \ I \ I I Tient Rebar and Cup LSP 12770 (Bears S 87°16'01"W 3.22' i 1,', inn Tme Corner) Found M5 Rebar (Gears S 86°26'4TW 3.66' From True Corner) 0 ..61 90000 N 00°50'46" W 78.54' 4 max g4°17'50" W Rebar & Cap LSII 19598 aS Rebar _ s Rebar & Cap _ _ — 295.57' LSP 36572 Set ,n Place — _--x — — N 83°28'01" 31346' County Rd. No. 103 • d a • 3 Rebar and Cap LSM 12770 939 13 PO Je q3 POB Parcel B � w M oi Fl Rebar and Cap p LSM12770 • a- 1.: i 1tact B Rebar & Cap LSM36572 Set in Place, N82° 1434" (.i7 POB Parcel A ,Ctaa A Tract B 4.021 Acrest Bent Rebar and Cap LSM 12770 (Bears S 87°1601" W 3.22'�� From True Corner) ^t b N 25°34'08" W /29.45' Found 115 Rebar (Bears S 86°2647"W 3.66' From True Corner) 0 O O tT cn b N 00°50'46" W —78.54' Rebar & Cap 849 7'50 LSM 19598 Rebar & Cap LS1136572 Set in Place S 39°09'54" W 74.96' Rebar and Cap LSI 12770 N 00°54'50" E 70.04' 30.0' / oh 30.0' —/ QV W h/ P WI v o $/ CV el 'r Rebar and Cap '4 LS*1127 /0 - 295.72• - -— — L3— �,\ • oG ' O ! \\ \ • O 0 Utility \ \\I p O O Easement \ 9,.1-,09-s,. IliP 14\ o� \ \� .<:• \ �-,..)\ \ . gtact C Aluminum Cap LSM 12770 • Tract A 4.011 Acrest 3..9T0£e10S W O S 00°54'50" W __J Rebar 572 S _ — _ _ _ N 83°28'01 295,57' LSM 36572 Set in Place ); 15 Rebar County Rd. No. 103 County Rd. No. 103 r '�O 30' depr6.e44440 3d4Ae ae..4.a¢ .40.4frtA-I0 AA.064.<;r7 C;?64 &(iio 3 tQfdo ieAAf ottd4A4.44 (7/ 3 ?2Q- ',v1"jnw L9/c/. peN44.4v447 6*A.a-Q,440 : 01-1,1% -rz &"' 2,~0 Cei,v^A4. • ;,;,ate � ,�.... d , 41)I'/l,10 @ 3;30 zs'o' aLo trinA,ig.0 Name: S VISION SKETCH PLAN S (2 copies) :,L, -- 2 — Location, Number of Lots, Etc. :T /6 OAC,. IM 25 5.fi". Zoning: Adyk Q) Access : 9.0/03 -a .CN< 424.6 �Y�u.�-o ,CQ&,ud Water: ,2 4A44 " OAR, AA,44 a. 944^4.2 SAO .4c2/. 4 A` ,o Sewer: Check List: #1 Sketch Map : Fee Paid : Property Boundary survey with North arrow and date. : Conceptual drawing of lot and street layout indicating area of lots and access. : Type and Layout of Water System : Type and Layout of Sewer System : Provision for off Street Parking, and School Bus Stops, the latter for School District approval : Significant natural and manmade features and existing development on adjacent property. x : Total tract acreage /& . /U/A : Existing and proposed zone district boundaries (when applicable) X : General land use divisions X : Scale 172001, name of Subdivision, County Name, Township, Range, Section, Quarter Section, Index map. #2 Geologic and Soils Analysis Cketic : Geologic Characteristics : Soils type N/A : Radiation Hazards #3 Vicinity Map: : 1.5 Miles on all sides #4 Information X X �. . CL4c.i`--> / Comments: Disclosure of Ownership ( title,insurance, etc.) Total development area Total Number of proposed dwelling units Estimated GPD of sewage Estimated Construction Cost and Method of financing streets, water, storm/drainage, utilities, etc... Evidence of Legal access �a �� z