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1.0 Application
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION_FOR EXEMPTION Pursusant 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 aux _ 1��t.1L' eoeP respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of .5R, nacre tract of land into -Z >- - tracts of approximatelyy3 t y3 nacres 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: SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitte all the following information. d with A. Sketch map at a minimum scale of 1"=200' showingthe description of the property, dimension and area lotsegal separate interests to be created, access to right-of-way, and an a public Y 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 the surroundingarea within two (2) miles, which ed eapcopy oo U.S.G.S. quadrangle le map may be used. PI of C. Copy of the deed showing ownership by the applicant, or a letter D. from the property owner(s) if other than the applicant; and Names and addresses of owners of record of land immediately adjoining and within 200 feet of the owners and lessees of mineral owners ofrrecord ofoposed ethelpr property mineralo be exempted, and tenants of any structure posedrty or conversion; and proposed for E. F. Evidence of the soil types and characteristics of each type; and Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of G. fire protection plan from appropriate fire district; and If connection to a community or municipal water or sewer system willingness to serve; and is proposed, a letter from the governing body stating a I. I• Narrative explaining why exemption is being requested; and It shall be demonstrated that the parcel existed as described on January 1, 1973 or the not more than three parcel as it exists presently is one of parcels created from a larger parcel as it existed on January 1, 1973. J. A $100.00 fee must be submitted with the application. cam- , to Zig (i' ,,,P71_,?,-;‘,.‘ 4-le-/Ae(e Peti one r mailing AdKe ti� city -- Tele. hone Number State 4 J i • 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 additonal 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 pat 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. 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. 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 in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. t 1 • • 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. • • • " 2403-a° CO - --(AZ G l0(3co4,v(0 - �'(c'o�., �Z-Z(o7 c it -E -0„c, Louis ip 1 O /z (off J i Recorded at__ `C`�' t� Reception No. ___La 41 IL; �� r` 14.1L-14. -,1 �— THIS DEED, Made this 30th day of September 19 82 ,between NORTH THOMPSON—FOUR MILE MINERAL LAND CORPORATION AND of the County of Garfield Colo- rado, of the first part, and and State of LOUIS_D. BURTARD whose legal address is P.O. Box 946 Carbondale, CO 81623 County of Garfield and Stof the State of.Colorado, of the second part; WITNESSETH, That the said part of the first part, for and in consideration of the sum TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION to the said party of the first part, in hand paid by the said partyDiiil the II receipt whereof is hereby confessed and acknowledged, ha s of the second part,n veyed, and by these presents does granted, bargained, sold and con- II part y of the second part, his grant, bargain, sell, convey and confirm unto the said ! heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the and State of Colorado, to wit: County of Garfield 1111"1, f)_tO ltr['1r ' RECORDER'S STAMP GAR;-ICLD OCT 18 1982 State Doc. k oo • �7��+�.�t16•atJ� SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF Together with all and s;ilgalar the hereditaments and atppurtenances anywise appertaining, and the reversion and reversions, remainder hand 1remaiindersnto ,rents issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, 11 of the said part y of the first part, either in law or equity, of, in and to the above bargained' premises, with the hereditaments and appurtenances; , � premises above bargained and described, with the appurtenances, TO HAVE AND TO HOLD the said i LOUIS D. BURTARD unto heirs and assigns forever. - the said party of the second part, And the said NORTH THOMPSON—FOUR MILE MINERAL LAND CORPORATION part y of the first part, for it -se' f administrators, do es covenant, grant, bargain and agree to and with the saiiidrpartt executorshe its and possession of said part y second part, his heirs and assigns, the above bargained premises in the quiet and peaceable of the second part, his heirs and assigns, against all and ever person or persons lawfully claiming or to claim the whole or an y under the said part y of the first part to WARRANT AND FOREVER DEFENDhrough or IN WITNESS WHEREOF, The said party of the first art ha s hand and seal the day and year first above written. set NORTH TFHOMPSON—FOUR MILE MINE LANA/CO : ' ��TIi /�� _ v AND G'QNi ��t [SEAL] [SEAL] [SEAL] Signed, Sealed and Delivered in the presence of ATTEST: 9 ,STAT OF COLORADO, t' ,,ttFV4 NI 't• C44- g• County of Gar field ss. •• ,'1'hicforefioinfisnstrument was acknowledged • before me this 30th da S•of September Land Corloratio:i '/.,, ry of ,19 85 . Y� itnrny elis h' afIt0i:�t?,ffici tl seal : 19 82rk ,,0y its Ro1'jea t M. Perry as President and Liarl- IVom sQn-Four Mile Mineral Clifford 1 : e•Jy ornmissI f)Q ires February 24 .• a 0 ,I,tll1,aUl11°1. •^4QZ,}se as Secreta 7.2 0.41 fsC•� 817 3.0lordri r• Ul,a S 7 ' •COC,• 81601 No.16 9PFCIA,W,1RttANTYDEET).—[lradfordPublinhingCo.,IN24.4;StoutStrt•rt.Urn^rr,0.It.redo(573•6o11)11.77. bf' K 61_() F 3 a EXHIBIT "A" A tract of land situated in the N' -Y of Section 6, Township 8 South, Range 88 West of the 6th P.M., Garfield County, Colorado, and being more particularly described as follows: _J-7-- Beginning -at a point whence a-brass--cap—€ound-in- ,lace--and-p-rope--ly marked --far- the S1 Corner of Section- 31, Township 7-South-,--Range-88 --WestC- of---the--6th-P;M- bears N. 11°31'13" E. 1238.79/feet; thence N. 51°00'27" �� E. 727.96 feet-; thence S. 20°13'52" E. 544.071 -feet; thence S. 82°41'26" W. 622.22(feet; thence N. 46°05'56" W. 189.921-eet- to the -point-o€ 012, beginning containing 5.36 acres moreor less and together with a 25 foot access easement described hereon. An access easement situated in the N1 of Section 6, Township 8 South, Range 88 West of the 6th P.M., Garfield County, Colorado, being 25 feet in width and lying 12.5 feet on each side of the following described centerline: Beginning at the intersection of said access easement centerline with the centerline of Garfield County Road No. 108 as built and in place whence a brass cap found in place and properly marked for the S1 Corner of Section 31, Township 7 South, Range 88 West of the 6th P.M. bears N. 43°25'22" W. 1767.50 feet; thence N. 88°35'23" W. 618.63 feet; thence 100.40 feet along the arc of a 253.36 foot radius curve to the right, the chord of which bears N. 77°14'16" W. 99.74 feet. Together with and quitclaiming, witho'it warranty whatsoever, an undivided one-half interest in the Rizzoli Watering System and the water and water rights therein as adjudicated in Case No. W-2875 in the District Court and for Water Division No. 5, State of Colorado. • i ?: STATE OF COLORADO �! ,rt (if Ci1)(-7/ o'r!o l< AA, 1. `. ��.)�. , SS ,eCOrc County of Garfield F:CCi ;!i:<;n i�i0.— i= — - MILNL D Al.f.;Da:i', Ri.:Ct;•;.)i_n i At a I:C4E).tl:12' meeting of the Board of County Conurds.ioucrs for Garfield County, Colorado, held at tin! Court Ilouusr ill G_anwood Shrirtgc on j;n iClSy , the ,�.tll day of n (lope c: ,be A. D. 19., •; , tl�c•re e: ^rc hreseut: Ii:Lpv—,:,,a-J....Gc..t:;H,D , Co uni':sioner Chairman L .r `y Veln.,3o e7, , conim;ssioner .J.U.i: , Co:nrniccianer 1';:.,?;"1....:.1:Pfier..i , Count; Attorney t'}i1„ d r;: d 10,;.;d0.t:f , Clerk of the Board when the following proceedings, among others were had and done, to -wit: / pi IJOI RESOLUTION NO. A RESOLUTION CONCERNED WITH GIANTING AN EXEMPTION FR0!1 THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR NORTH THOMPSON. 10 WHEREAS, North Thompson has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and • "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield tounty, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 118 acre tract described as follows: L= That parcel of land as described in Book 577, Page 852 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 5 and 113 acres each, more of less, which proposed divided tracts are more particularly described as follows: TRACT A: A tract of land situated in the Nle of Section 6, Township 8 South, Range 88 West of the 6th P.M., Garfield County, Colorado, and being more particularly described as follows: Beginning at a point whence a brass cap,found in place and properly marked for the S1 Corner of Section 31, Township 7 South, Range 88 West of the 6th P.M. bars N. 11°31'13" E. 1238.79 feet; thence N. 51°00'27" E.727.96 feet; thence S. 20°13'52" E. 544.07 feet; thence S. 82°41'26" W. 622.22 feet; thence N. 46"05'56" W. 189.92 feet to the point of.beg°nning containing 5.36 acres more of less and together with a 25 foot access easement hereon. An access easement situated in the NZ of Section 6, Township 8 South, Range 88 West of the 5th P.M., Garfield County, Colorado, being 25 feet in width and lying 12.5 feet on each side of the following described centerline: Beginning at the intersection of said access easement centerline with the centerline of Garfield County Road No. 108 as built and in place whence a brass cap found in place and properly marked for the S1 Corner of Section 31, Township 7 South, Range 88 West of the 6th P.M. bears N.43°25'22"W. 1767.50 feet; thence N.88°35'23"W. 618.63 feet; thence 100.40 feet along the arc of a 253.36 foot radius curve to the right, the chord of which bears N.77°14'16"W. 99.74 feet. TRACT.B: The remaining 113 acres. (in the State of Colorado and County of Garfield); WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the impact created does not warrant further subdivision review, and Z;'IlER AS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasor. bl e probability of locating domestic water on each of said tracts.' that there is adequate ingress and egress to said tracts, titat t.hc' location of septic tanks will be permitted by the Colorado Department of Health, that the requested division: is not part of on existing or 1 ;rg,^.r development and does not fail] within thin t:1t general purpo:- s and intent of the :.lubdivi sion regu] _t•ions of the State of Co1...r;:do and the County of Garfield, and should, therefore, be t'{; mpi:i`ii from i:lt.' detinIt ion of the terms "::ubdiv1:, toll" and "L:u1:dividcd hili' us sat. 1'2/3, (lid) (-,)-(..,),r.s..,......:.i, y. • C V:'" N(1W, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "L" from the above described 118 acre tract is hereby exempted from such definitions and said tract way be divided :into tracts "A" and "li", all as is more fully described above., and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; provided, howLvei: , that: this exemption is granted on the condition and with the express understanding and agreement of the Petitioners that no further exemptions be allowed on said tracts "A" and that a copy of the instrument or instruments of conveyance when recorded shall be filed wi th this Resolution. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO • Dopurt=y Mlcrk of the Board /% a Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Aye Aye Aye Commissioners STATE OF COLORADO County of Gsrficld 1, , County Clod: and ex-offi.iu Clc.k cf the Board of County Commissioners in and'for the County and Sta.te aforesaid do hereby certify that the annexad and foregoing Order is truly copied from the Records of the Proc:eedings of the Board of County Commissioners for said Garfield County, now in my office. IN WI'1I ESS W!IJipEOF, 1 have hereunto set my bent and affixed the seal of said County, at Glenwood Springs, this; c:ay of , A. I:. 1 County Clerk and ex -officio Cleik of Nan Board of County Commissioners. POCu►dicd of < : / ilk � I�tO._L..1i.1C1`St�r.'..: ._ .J Its � r••-�C�ir�1 MEMORANDUM OF AGREEMENT ©f^K 610 P:GE 361; THIS MEMORANDUM OF AGREEMENT entered into this )012- day of , 1982, by and between NORTH THOMPSON-FOUR MILE MINE L LAND CORPORATION (hereinafter the "corporation") and LOUIS D. BURTARD (hereinafter "Burtard"), TITNESSETH: WHEREAS, the parties have entered into an Agreement of even date herewith providing, in part, for Burtard's purchase of certain real property from the corporation; and WHEREAS, the parties wish to set forth in this Memorandum certain provisions of said Agreement for the purpose of recording the same in the Garfield County records. NOW, THEREFORE, the parties agree as follows: 1. The real property which is the subject of this Agreement is described on Exhibit "A" attached hereto and. incorporated herein by this reference. 2. The corporation has conveyed to Burtard one-half of its interest in the spring and water supply pipe line currently serving the above described property, which interest shall be -and hereafter remain appurtenant to said real property and shall not be separated from nor in any manner be conveyed or transferred except as an appurtenance to said real property. This provision shall be a covenant running with said real property. 3. The parties hereby agree and acknowledge that they have received full and adequate consideration for the covenants and conditions herein set forth, all as more fully contained in the Agreement between the parties of even date herewith. IN WITNESS WHEREOF, the parties hereto have hereafter affixed their signatures the day and year first above written. ATTEST: NORTH THO1PSON-FOUR MILE MINERAL AND LAND C9.P .ATION By f �. 9 //) G iZ. � � y President / is D Forfar �, f , f -1 r" ""\M , • ,`1 , _ Q e IfFOIU7 (.,_ELU5C, as Secretary of NORTHTIIOMPSON-FOUR MILE • 'NINL•iAL LAND CORPORATION. ,, E i'1.1FITNESS my hand and official seal. p04.;:4)0 f L 1 C. My commission expires: --'= W A rJ 24/, i %.7S 5,• . e, cr c•:'-'• ',.,.'. ,. •. STATE OF COLORADO SS. COUNTY OF GARFIELD tOfK 610 t'.!CEot; •he foregoing instrument was ack wledged befo e me this 3c da y of.� , 1982, by 7- y71. EgRY as President STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. kL , t 6 -?t Notary Public 8/7 --e,-,„LA.. ,;,�,,\\"""''";,, The fore oing instrument was acknowledged before me this byLouis D. day i �,•C)a%b , 1982, Burtard.D lit OTi,,,?), LIITNESS my hand and official seal. 0 •• ' •.I`� commission expires: C� C�• `.y`'r Notary Public 8/ 7 e(&r a4o are. a0/ Address 2 1 CO 0 (0 7,27 Legal Description 6 `}''� 8 S., 3e, 88 1., m Gu�r�(c� Crt� Co 6rglp rY<-32-:253.36' ,.y 2.5' vic 0.r r es1s c>-zt¢ ••••• o — - x-c1-.�Co_ .Q S Wit. r Q� c -X- y 'd �� L.S.yltl �. �'1' NC.,, ,,c5, tract of land situated in the Ni of Section 6 6, Township 8 South, Range 88 West of the 6:h -' Principal Meridian, Garfield County, Colorado, \ and being more particularly described as follows: Beginning at a point whence a brass cap found in placd and properly mark- ed for the Si Corner of Section 31, Township 7 South, ange 88 West of th. 6:h Principal Meridian bears N 11°31'13" E 1238.79 feet; thence N 51°00' 27" E 727:96 feet; thence S 20°13'52" E 544.07 feet; t ence.S 82°41'26" W 622.22 feet; thence N 46°05'56" W 189.92 feet to theoin.; of be containing 5.36 acres more or less and together with a 25 foot access easement described hereon. Legal Description - 25 foot wide access easement An access easement situated in the Ni of Section 6, .Township 8 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, being 25 feet in width and lying 12.5 feet on each side.of•the following described centerline: Beginning at the intersection of said access easement centerline with the centerline of Garfield County Road No. 108 as built and in place whence a brass cap found in place and properly marked for the S; Corner of Sec- tipn 31, Township 7 South, Range 88 West of the 6th Principal Meridian bears N 43°25'22" W 1767.50 feet; thence N 88° thence 100.40 feet along the arc of a 253.36oot r W radius6C ry63 ftot; right, the chord of which bears N "f99t fecurve to the 77°14'16" W 99.74 .feet. - • •—• 1 • � .•• 177,2‘r=`. 7J ..� ..) / ! L . U.; arc z➢•• •.•-.'N•co-.vwooc-ca.,,. SYD; V'EY L1.'1 iCO.: "E (L.S'. 1:::r:-') -.<.ays_s.,:-.vGs+aa••-1 ...x..1.^_-..:_... [':, . Box t2! CAkii0:41- �l_E, COLO. ":.03-.:::',-.:".•;7::- _. 2-'7 j Cc(.1 I, 1(1 ct 2_ �_ .�_ r r .A.1 .. k -1,. _ • 24(13— oco r -oo- y ldor}kThorn FpLtr ret Civil. 2 or Low 4 (4 72 QL_) z(4 c,zz Ac 3C4z • • c 70.3/, ....—L�%c��i� T;�ar�.�1✓.�(_ 61— 88 x2463 - G6!- 00-003 s17-rLE Cl e 0v(C.Q17._ 4S-5- 61— lSs \A/c57 2 / 0 /aC OF LO 4 0( ' 40 Lc�s_ l C 4?, 7,2 Alc— ._. � ? C4 _Ac , .._3 C 40• 4 ` Ac -J, _ Z4(3 -DCS ( -cam -04 ( ?_4(03 -_oca i -oa - • rf irkn liZlICCW all / r` — t � � �• , is y ' lIhCn V tinSe PLLJE'flt 3, That, whereas, the following; described real property, viz.:It 604 iif101 _ ei/Lt, (� Cte t.e/J ceo akin, 04-) , Act, Wit. j.4 /ifrt &5J) jo-Ur.z�,, y� ( A -4 t 1 (u) (• 7 e. e5, rt r v, e4(ioa¢ q d 4.4 . 0 • Li --0 47..0, Af.A. 01 3 ) /Ice, ta),) e 6 ) (g) /311.A1-1, (11 "r YV n J1/14;1. 4t;r /77),„_a-, a; 0 a. a a u O V sit tatetl in the County of Garfield and State of Colorado, was subject to taxation for the year (or years) A D 19 30;. foresail remained d e nc unpaid at the date of 1\\ D, WHEREAS, ' he terse,,,� �priseg< <1<l,,,u n nit o eta. for tl}e year «irt5 }, p the sale 1�c reinafter name i.,`��`•7ier-as, tale lttast o stun 4.oamy Zt`ir'oil t t�e Dt"'�° #774- a�e�p.day ol" � A. D. 19_S1 , by virtue of the authority \Med in bin) by law, at (an adjourned salol the sale begun and publicly held on the day of vVl-0 t t °" t/ , A. D. 19.3 / , expose to public sale, at the office of the Treasurer, in the County aforesaid, in substantial conformity with the reouiremeiits of the statute in such case made and provided, the real property above described, for the payment of the taxes, interest and costs then due and remaining unpaid on said property; Conn rfield, and , bid upon all of the above described ire o sum of \ Dollars and interest and costs then due alci remaining unpaid upon said property for that year, and th having offered in his said bid to accep st upon the said suns at the rate of the rate of per cent. per annum newt six mouths, and t iL,• „ , ,. ...._tr,_ • 'hr 1^ rest •r.te of interest at wine t ails pe e ,i cents, being the cltel� amount of taxes, e er cent. per annum for the first six months, and at the rate of per cent. per annum, and the said taxes, interest and costs so due upon said "'ieasn.cr, the __.d Prey -rt was stricken off to him I erect to nay at that price ; at ,•,•:,,• ni:,1 pacutcut of the said sum having be iad uy nim to in- .. .c_ vii l on thy-- day of the sale of the property as aforesaid, .,ud all-iii,.-rial ts, title of the County of Garfiel&end,_ Is were offered or made by any person or persons personsfowrt the said st1on.tLie's.i,t pro r,aa^Pl�n I • r u µf . . ,uti y, st.ic.ou ounty in accordance with the statute in such case made D. WHEREAS, The said f . ,-• n i my assign the certificate of 27570 40 IR -D NORTH THOMPSON 4 -MILE MIN & L CORP. h CLIFFORD CERISE 0036 CO. RD. 104 CARBONDALE, CO. 81623 W. 21 A. OF LOT 4 IN SEC. 5 LOTS 1-2-3- SEC 6-8-88 160.43 A. 0 .} 3 ( 310 Countyuitrer, au on the a regular session of tl resaid,to said County, a _ao.J.rcv d in conformity with the order of day of ie Board of County Commissioners n l all its righ,t/s, title and interest in ' Dollars said sale, and the said property has not beeu redeemed • ess or more (str" • ) than^°t o ites [to] obtaining tax deeds have been fully complied with Treasurer of the County aforesaid, for and in .,. _ f the statu'v in such case ma'b. and provided, have ranted �.... A... , rw �G u Vit,_ J./Do-we-Aro t`o arca of s�e C 1.•,r_:,ine,l and snhi, and by these presents uu _r:il, lu,r,¢¢ja and seg;. unu, .,....._ _ 7i�1 J1O -- .1 assigns forever, subject to all the rights cf nclent',ttioon by minors, insane persons or idiots, provided by law, the ,kst..iLe,t •I1EI;E0F, I._ e ✓J °�-stilt k T r„ • „ 1,0 J, , Treasurer as .said, have hereunto set my hand and seal, this____ q Cl) J • QO 0 W W z W o O M Q o — O v _ W J / �v OO 0 > �IpLi.... at_.....-. o'i'lock •all. � ��--++!!-;� e ? _ clX�l�/y.- ' _....................Rtconlcr F• 6_5,_W ez0.40-=..(4V to.2(4t .}[; ,,;,h,',-.. Oan.w au, Gr q ....:Yma fJa4n1ltyt....-4A,C,.. 1x11 "�q.-'d0 .1bA�_ Ai-, - , . •,:_ii.--1r,_,� ;,,.w.�:u++•vc cc•, a rl� R1,--itti'tt •.�"-"I'v«nuu�ttrt ga� k,-etsuf-- c:a' ire-id--rirymIt�trntMitY7 '' ... I,. ' „ny, .-marlin- rarposos-t1r seifraPrrS�t4. L.a-19--• aforesaid, by day of Treasurer. r. ,.4t...., ��:err. p.a.:. re 41 Ily ........._ . o 0 n h.� Deput> Fect,rc.ec Feb 24 1'1-1 u' 10:34 A. M. Reception No. 1751167 Chao•. S. Keegan QUIT CLAIM DEED ELOW_ALL.MEN BT TIME PR SENTS, Thbt We,. WIRE A. BLANC, of the 1 County of Garfield, State of Colorado, and STANLEY USEL and AL7ER P. APPY of the County of Pitkin,.State of Colorado,'as TBUSTZES of. The :(irth Tho pson i Four Mile Mineral Trust and as TRUSTEES -of The.: North Thompson-Po?•r Mile Land .Trust, and inaccordance.with-formal Resolution adopted by the beneficiaries of each -of said Trusts, evidence of srhioh•hae been duly recorded in:the afore- said Counties of Fiticin and Garfield at tee time_ ,of the execution hereof,: for. the consideration. of Ten.Dollarsyand'other good and valuable consideration in hand. paid, hereby sell. and quit• claim to TM- NORTH THOMPSON-FOUR MILE MINERAL AIkD'LAND C0BP0PATI0N of the County of Garfield, and State -of Colorado;. /tbe'following real property, situate in the Counties of Garfield and Pitkin:: Mand State of Colorado, to -wit: All the right, title azdJutereet in and to fall property conveyed to the grantors herein by those certzin Quit -Clain Deeds Udated the 24th day of Nay, 1D50 and recorded in the Countiec of Garfield and gait -Claim Deed, Pitkin County Document No. 97809 recorded in Book 175 at page 425, the same bei:.,; Garfield No. 173644 recorded in Book 254 at page 152; and Quit -Clam Deed, Pitkin County Document No. S7°11 recorded in Book 175 at page 430, the same being Garfield d County Document No. 173646 recorded in Book 254 at page 176; and 1 � quit -Claim Deed, Pitkin County Documont.Iio. 97808 recorded in Book 175 at nage 423, the same. being. Garfield County Document No. 1?3643 recorded in Book 254 at page 149;. and Quit -Claim Deed, Pitkin County Document No. 97810 recorded in Book 175 at page 427, the same being Garfield County Document Zo. 173645 recorded in Book 254 at page 167; , th all its appurtenances. . Signed and delivered this,.,r'day, of - Pebruary, A. D. 1951 swiTs 0r `: ooLOBADo ) • ;' ;." ::3'ii toregoiag� iastivment was,_ me this .1 day .by_,Osi*A.. anc, B1< Stanley Jsel, and Alva? P. Arbaney .'1t erelL stated:; ` p MrCozzi salon. empires April 19 19 . t '.{rye]}�-d A yt�t 4• + .�, of ► •ti Y> j - 'fi •f , 1 1:. .��` ' b .M . 1110=1640214M A4111 - r al Jo. 939 ',7',.5'30.00 fZenl "state First Idortgage Note Principal and Interest, Pa::able in Gold coin. Charles E. Hughes to Capitol Life Insurance Company Date July 7, 1925 Time 5 years Due in installments Rate of interest installments, Interest Payable semi-annu5.11.Y On Jan 7 and July 7 Interest (` due as per ( Coupons ( `' fi •.•.. Attached ( $....$ FILED FOR RECO2D JAN 24, 1930 at 2.50 O'CLOCIC P. M. WALTER J. Fi20,T, RECO .DER, No. 106309 /g/ 7 Dollison and Fulghum Glenwood Springs, Colo. Estate No County Court of Garfield County RECEIPT NO. 33793 R 'EIPT FOR INIERITMICE TAX OFFICE OF THE TREASTJRER OF THE STATE OF COLORADO. $62.10 Denver, Colo, Sept 8, 1925. Received of J. W. Dollison, Executor of the Estate of Martin Hotz, deceased, Sixty tr:e 10/100 Dollars for Inheritance Tax and foes for examination and issuance of waiver, itemized below, due the State of Colorado from said estate, pursuant to an order of L: Hon. J. W. Bell, Judge of the County Court of Garfield County, Date of death of deco:,,..; July 31, 1924. Value of property, gross Y17,134.25 Deductions 31518.00 Net '16616.2:, Description of property: Tr'd;s i?, 13 and 14, B1k 36, Glen ood Springs, Colo. 'riots 20 and °1. Bl? 23, Gle=ood Sprints, Colorado Cihe W sit 2_1 acrof Lot 4, Sec. 5, and Lots 1,2, and 3, Sec. 6, all in Torp 8 S. R. 88 'lest 6th P. 1:=. contain- ing 160 ares in Garfield County, Colorado. Cash 3000 shares of stock in the Coleman Motors Co. Notes: Hermon A. Laudenklos Sherman Cowen Fred A. Shehi Fred A. Shehi Fred A. Shehi W. Southcote E. G. Loesch E. G. Loesch o 1� Tax fixed by order of court Interest Fees, examination and waiver Total Discount Grand Total FILED 'ED _ O.Z HCDJAN 70. 10G.�16 STATE OF COLORADO ) COUIITY OF GAiZFI EL ) SS 07.00 5.10 10.00 062.1d— N62.10 SEAL 1200.00 1175.00 632.25 500.0'0 1222.0) 3730.0J 875.00 1400.00 703,00 1600.00 1600.00 1600.03 17134.2 W. D. Macrinnis Treasurer of the ata to o! By W. C. B a.k e r Deputy O',LOCK P. 17. ,VL J. X2.0 J, 1:7:O:' .; • CERTI:'tC .TE OF LEVY THE PEOPLE OF '_'III? STATE OF COLORADO ) Plaintiff, ) ) Vs. ) ) J. LEIGH, ) Defendant. ) I L. 7:intrs t^in ::r.t 0._ "i.6.•i _ of Crir:•ield Count:, do }.ereby ce_tii:. thr:t by of C' __ 'i ld :..TA.nlntiff r.nd V Lille,i6!" '.i o.t n t;/ r aC: d!Intr Form No. GWS -25 APPLICANT OFFICE OF THE lietTE ENGINEER COLORADO DIVI1 OF WATER RESOURCES • 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER ___1_65G18 DIV. 5 CNTY. _2 3 WD 28 DES. BASIN MD Lot: Block: Filing: JEFF & BAMBI BURTARD N. THOMPSON 4 -MILE MIN'L & LAND 1616 108 RD CARBONDALE, CO 81623 963-3097 CHANGE/EXPANSION OF USE Subdiv: APPROVED WELL LOCATION COUNTY GARFIELD NE1/4 NE 1/4 Section Twp 8 S , Range 88 W 6thP.M. 6 DISTANCES FROM SECTION LINES 200 Ft. from __North Section 550 Ft. from East Section Line Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 48.72 acres described as lot 1, Sec. 6, Twp. 8 S., Rng. 88 W. of the 6th P.M., Garfield County, being more particularly described on the attached exhibit "A'. 4) The issuance of this permit cancels permit number 155462. 5) The use of ground water from this well is limited to fire protection, ordinary household purposes inside two (2) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the watering of domestic animals. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. AP6DNVED: Receipt No. 0 3 4 0 8 be Engineer ©I VISIQN COPY By DATE ISSUED AUG 1 2 1992 EXPIRATION DATE AUG 12 ROY ROMER Governor • • OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 FAX [303] 866-3589 April 17, 1992 Mr. Andrew McGregor Garfield County Regulatory Offices and Personnel 109 8th Street, Suite 303 Glenwood Springs, CO 81601 HAROLD (HAL) D. SIMPSON Acting State Engineer j, ?).1, F'),Iii -1 YPIE'r 1t.' APR 2 3 1992 ui GARFIELD COUNTY RE: Burtard/North Thompson Four Mile Mineral and Land Corp. Subdivision Exemption Section 6, Twp. 8 S., Rng. 88 W., 6th P.M. Division 5, Water District 38 Dear Mr. McGregor: We have reviewed the above referenced proposal to separate 48.72 acres into two tracts of 5.24 acres and 43.48 acres. Well permit number 155462 has been previously issued as the only well on 48.72 acres. The applicants propose to share this well between the two parcels. The well permit currently restricts use to one single family dwelling. In order for this well to legally serve two dwellings, a new application must be submitted requesting an expansion of the use of the existing permit from one to two dwellings. The availability of this expansion will be the same as for any tract over 35 acres. In order to assure that a permanent water supply will be available on an equitable basis to either lot, we recommend the following: 1. The well should be located on an outlot owned in common by all property owners using the well. Access to the well and the right to establish and maintain a pipeline shall be provided by easements where necessary. 2. The well should be jointly owned by the lot owners. 3. Covenants and/or other mechanisms should establish a lot owners association with powers to make decisions concerning management and operation of the well. A joint maintenance agreement is a required part of such an association. • • Mr. Andrew C. McGregor April 15, 1992 Page 2 If the above provisions are met, we can recommend approval of this proposal. Alternatively, a second option may be available for this proposal. If the proposed 5.24 acre tract is created by an exemption from the definition of a subdivision, we may be able to issue an additional household use only well for that tract. The availability of an additional household use well permit and our recommendation for approval of this option is subject to the following conditions: 1. The existing domestic well, permit no. 155462, must be amended with a new application to reflect the new parcel size of 43.48 acres. 2. The property has not been previously subdivided or exempted since 1972. We consider this a one-time exemption, no permits will be available for wells in addition to the domestic well permit on the 43.48 acre tract. 3. The household use well permit which will be available will be limited to use inside one single-family dwelling, and the watering of domestic animals. Outside use for lawn and garden irrigation is prohibited. Plat notes and covenants should reflect this limitation. 4. The applicant should provide proof that an evaporative wastewater system will not be required. We could not issue the well permit if any evaporative system is required. 5. Prospective lot purchasers should be made aware of the limitations on water use and other information contained in this letter. We recommend that a copy of this letter be given to lot purchasers and submitted with the well permit application. If the above provisions are met, we can recommend approval of this proposal. Please let us know if you have any further questions. Sincerely, John Schurer, P.E. Senior Water Resource Engineer JS/jd/burtard.rev cc: Orlyn Bell, Division Engineer Bruce DeBrine 4 • ij _ ,„ ce 40-0, qe,5- Ca ':••=7...,,, • 0 ,_ 9 , , • _ , • ' - z-1 i eTh .1 • s'\\ \ r • e • ‘( e -•••.c) / EXHIBIT A LEGAL DESCRIPTION A strip of land 90 feet wide situated in the Northeast quarter of Section 6, T.8 S., R.88 W. 6th P.M. Garfield County, Colorado, being 45 feet each side of the following described centerline using bearings of the Colorado Coordinate System, Central Zone. Beginning at a point on the North line of Section 6, T.8 S., R.88 W. 6th P.M. whence the Northeast corner of said Section 6 bears S 88° 52' 53" E. 212.01 feet; Thence S 58° 19' 09" W 41.04 feet; Thence along a curve to the left, with a central angle of 40° 38' 28" and a radius of 716.20 feet, for 508.02 feet. The chord bears S 37° 59 55" W 497.43 feet; Thence S 1,7° 40' 41" W 357.11 feet; Thence along a curve to the left, with a central angle of 33° 36' 49" and a radius of 409.26 feet, for 240.10 feet. The chord bears S 0° 52' 17" W 236.67 feet, to the Northerly R.O.W. line of the County road. Said parcel contains 2.37 acres. WI2J-S-Re'v. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. )R. -d,) DIVISION OF WATER RESC]jr �E�S�n 81 tennial Bldg., 1313 Sherman St., Denver, Col i/ PERMIT APPLICATION F9iM' ` 'rQ ))QA PERMIT TO USE GROUND WATER r�1V .4A PERMIT TO CONSTRUCT A WELL vV F q.A PERMIT TO INSTALL A PUMP puG 1 1 ( ) REPLACEMENT FOR NO. 05p00 ) OTH E R WATER COURT CASE NO. �PS�t�� . ootAtER SIJ' 0. SEP 0'1 T289 WATER RESOURCES X12. ENGINEER / (1) APPLICANT - mailing address No> k Rionlpscs 4 -milt. MiagrRt +1-n"0 0012P NAME �It 4 OEn h `_.ERs - ZECc STREET OQS' I..tit• 1044 CITY C ri-e.BOADR 1� C.eD • Ti 633 /� (State) (Zip) TELEPHONE NO..303 — Q 23 `3b6? (2) LOCATION OF PROPOSED WELL County lDE}Q-tE `a E %ofthe NE Twp � �, Rng iN,S) (E,WI '4, Section IU) 1 P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): l5$prY, 1 AcrE -6+ Number of acres to be irrigated: Qt^iuL Proposed total depth (feet): 10D ?+ • Aquifer ground water is to be obtained from: AA)« � r\ekr-- ^ _ -'I Owner's well designation , � i Aro GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) NI DOMESTIC (1) ( ) INDUSTRIAL (5) LIVESTOCK (2) ( ) IRRIGATION (6) ( I COMMERCIAL (4) ( ) MUNICIPAL (8) ( I OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name ).J SSEb COtotAbo be.11kf Street City Telephone No. (State) (Zip) Lic. No FOR OFFICE USE ONLY:COO NOT WRITIN THIS COLUMN /61 Receipt No. � Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does riot assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. ISSUANCE OF THIS PERMIT DOES NOT --CONFER-A-DECREED-WATEFFRICHT-- 1) APPROVED PURSUANT TO CRS 37-92-602 (3) (b) ('l I) - (A) AS THE ONLY WELL ON A TRACT OF LAND OF 48.72 ACRES KNOWN AS LOT NO. 1, SECTION 6 `PISS, 888W OF THE 6TH P.M., GARFIELD COUNTY, BEING MORE PARTICULARLY DESCRIBED ON TIIE ATTACHED EXHIBIT "A". 2) THE USE OF GROUND WATER FROM THIS WELL IS LIMITED TO FIRE PROTECTION, ORDINARY HOUSEHOLD PURPOSES INSIDE ONE SINGLE FAMILY DWELLING, TIIE IRRIGATION OF NOT MORE THAN ONE ACRE OF HOME GARDENS AND LAWNS, AND THE WATERING OF POULTRY AND DOMESTIC ANIMALS. 3) THE RETURN FLOW FROM THE USE OF THIS WELL MST BE THRU AN INDIVIDUAL WASTE WATER DISPO:;AL SYSTEM OF THE NON -EVAPORATIVE TYPE WHERE THE WATER IS RETURNED TO THE SAME STREAM SYSTEM IN WHICH THE WELL IS LOCATED.GRG APPLICATION APPROVED PERMIT NUMBER DATE ISSUED SEP 2 8 1989 EXPIRATION P•TE SEP 2 8 1991 (J1. /V`Q DIULER'S RIG COPY 1- S1 62 GINEER) COUNTY I.D. —3 S' GWS -7 (rev. 4/29/88) PERMIT INFORM TION 4725I .WELL o DIVISION OF WATER RESOURCES 1313 SHERMAN ST, 818 CENTENNIAL BUILDING DENVER, COLORADO 80203 (303) 866-3581 FOR WELL PERMITS APPROVED PURSUANT TO CRS 37-92-602 (HOUSEHOLD, DOMESTIC AND LIVESTOCK USES) PLEASE NOTE CAREFULLY THE CONDITIONS OF APPROVAL THAT ARE ON THE ATTACHED COPY OF YOUR PERMIT. THESE CONDITIONS MUST BE COMPLIED WITH IN ORDER FOR THE PERMIT TO BE VALID. ISSUANCE OF THIS PERMIT DOES NOT CONFER A DECREED WATER RIGHT. YOUR PERMIT EXPIRATION DATE IS TWO YEARS FROM THE DATE IT WAS ISSUED. This means that the well must be constructed prior to the expiration date of the well permit. The date of expiration and your well permit number are in the lower right hand corner of the permit. The expiration date may be extended at the discretion of the State Engineer for good cause shown. If you desire an extension, you must file a written request with this office prior to the exoiratiojJate shown on the permit., The request must show good cause why the well has not been constructed, must include an estimate of time required to complete the well, and must specify the length of extension you desire. The maximum length of time that can be granted for an extension is one (1) year. YOUR WELL MUST BE DRILLED AND THE PUMP INSTALLED BY A CONTRACTOR LICENSED BY THE STATE OF COLORADO UNLESS YOU ARE EXEMPTED AS DESCRIBED IN THE FOLLOWING PARAGRAPH. Your contractor must provide you a copy of the work report(s) he filed with the Division of Water Resources. You may construct the well and/or install the pump yourself if the well is entirely for your own use, is constructed on property you own, and is constructed with equipment gwagd, and operated by you. The well must be drilled and completed in accordance with the well construction standards of the State Board of Examiners of Water Well Construction and Pump Installation Contractors. If you construct the well and/or install the pump, it is your responsibility to complete and submit a "Well Completion and Pump Installation Report" Form No. WJR-26. These forms are available from our offices. The report must be submitted within sixty (60) days of completion of the work or seven (7) days of the expiration of the well permit, whichever is earlier. You have been provided with two copies of the well permit. The owners copy of the permit is for your records and is a valuable document. The second copy is for your pump installation contractor. If you did not indicate a proposed well construction contractor on your application, four copies of the permit are enclosed. The additional copies should be given to the driller you select. The original permit is on file in the office of the Division of Water Resources and additional copies may be obtained for a fee of 50 cents per page. Any change of mailing address or ownership of an existing well should be reported on an "Amendment of Existing Record" form. A $1.00 fee must accompany the form which are available from this office. Changes in property ownership involving a valid well permit, prior to construction of the well, can be made of record by submitting a letter advising this office of the change of ownership. No fee is required in this instance. Please contact the Ground Water Information Desk if you have questions concerning your well permit or any of the other forms. WHJ•S•F2e'v. 16 Application must be complete where applicable. Type or print in BL.ACK INK. No overstrikes or erasures unless initialed. )RAL:) DIVISION OF WATER RES 81 tennial Bldg., 1313 Sherman St., Denver, CoI PERMIT APPLICATION F9RM' Iro ()KO PERMIT TO USE GROUND WATER t. 4A PERMIT TO CONSTRUCT A WELL F R,p4,A PERMIT TO INSTALL A PUMP P\.� 1 a ( I REPLACEMENT FOR NO. aEriED'cref- J sEP 1"1 I?89 WATEI RESOURCES XXAE . ENGINEER -0MR- . -. 4EyooRCR ) OTHER n ,, ,$PZEIt ENGINES WATER COURT CASE NO. 51 0, ' _ (1) APPLICANT - mailing address Not4k 1G101AP-SCA 1441 t� Mi&er1 +13u40 Ci p NAME __C(► Ccoee OctaISr . - act.1 STREET OO9 ' _ 1O'4 CITY C (}e.3oADA ICo • (State) (Zip) TELEPHONE NO .3o3 - % 3 -36104 (2) LOCATION OF PROPOSED WELL County Coti-e -s£ `ei of the /Y E Twp. S_, Rng. r s N,S) E.WI %, Section u) to P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): (5 $pM 1 Acr& -6+ Number of acres to be irrigated: (acaL Proposed total depth (feet): /00 + Aquifer ground water is to be obtained from: 4u -or \ rkr) -rhortrrn3 Nom, A•tlu.vI41 Owner's well designation GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) QQ DOMESTIC (1) ( ) INDUSTRIAL (5) ( T LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) FOR OFFICE USE ONLY:CVO NOT WRIWIN THIS COLUMN (4) DRILLER Name L.0 ASESEb CO 1otA1jo be4il =f Street City (State) (zip) Telephone No. Lic. No Receipt No. St) I ir G Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existino water rights. The issuance of the permit does riot assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. ISSUANCEOF THIS PERMIT DOES NOT —CONFER_ A—DECREED—WATER—RICHT-- 1) APPROVED PURSUANT TO CRS 37-92-602(3)(b)(M;I)- (A) AS THE ONLY WELL ON A TRACT OF LAND OF 48.72 ACRES KNOWN AS LOT NO. 1, SECTION 6 TRS, R88W OF THE 6TH P.M., GARFIELD COUNTY, BEING MORE PARTICULARLY DESCRIBED ON TIIE ATTACIHED EXHIBIT "A". 2) THE USE OF GROUND WATER FROM THIS WELL IS LIMITED TO FIRE PROTECTION, ORDINARY HOUSEHOLD PURPOSES INSIDE ONE SINGLE FAMILY DWELLING, TIIE IRRIGATION OF NOT MORE THAN ONE ACRE OF HOME GARDENS AND LAWNS, AND THE WATERING OF POULTRY AND DOMESTIC ANIMALS. 3) THE RETURN FLOW FROM THE USE OF THIS WELL MUST BE THRU AN INDIVIDUAL WASTE WATER DISPORAL SYSTEM OF THE NON—EVAPORATIVE TYPE WHERE THE WATER IS RETURNED TO THE SAME STREAM SYSTEM IN WHICH THE WELL IS LOCATED.(�RG y/�?5/ APPLICATION APPROVED PERMIT NUMBER DATE ISSUED DR1LER'S RIG COPY 1554 62 SEP 2 8 198g EXPIRATION �,�TE SEP 2 8 1991 INEER) BY I.D. J - `'� COUN FY a 3 `15) THE LOCATION C)F THE PhuPOSED . WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + - -}- - -+- - +- - 4- - + - - - + - -�- I - + + + + + I I 1 MILE, 5280 FEET +— NORTH SECTION LIN I I I I II I II I I INE m N N m 1 11 The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. • (6) THE WELL MUST BE LOCATED BCLOW by distances from section lines. POh ft. from I .5 so ft from LOT BLOCK No i4l, (north or south) Ess+ ;(east or west) FILING # SUBDI VISION sec. line sec line (7) TRACT ON WHICH WELL WIC. : E • LOCATED Owner j AiPsv ,►Ls, i1144esaI No. of acres "a'5' ite. if.']� Will chis be e. /41 8/�/Pq G. .' the only well on this tract? �Esi N (8) PROPOSED CASING PROGRAM Plain Casing • in from 0 ft to /n ft in from toCs ft. to LOC) ft Perforated casing in from ft to ft in from ft to ;t (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): %y /�L �•fat , did,/e• e, No. of acres. - Legal description• o� / ` S%1=d'1n/1) G 7 'siA%Shi p g S Ri119. gR kl - pry? t/f0%9 c• e, (11) pETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. Set_r.i-J,, �ti *E„ld /A N - G4Rt ,n) - S4ar.k uQ-I-ack 1�3t�Ral c.C. (12) QIHEELWAnaitaiu used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE ATO THE BEST OF HIS KNOWLEDGE. SIGNATURE APPLICANT(S) IVO4 /t MPS04 _T�l/liI>r /Il(W E/ I L..IOCar C arD. / • a- `5 Use additional sheets of paper if more space is required. GWS -7 (rev. 4/29/88) .WELL PERMIT INFORMATION 47251 • DIVISION OF WATER RESOURCES 1313 SHERMAN ST, 818 CENTENNIAL BUILDING DENVER, COLORADO 80203 (303) 866-3581 FOR WELL PERMITS APPROVED PURSUANT TO CRS 37-92-602 (HOUSEHOLD, DOMESTIC AND LIVESTOCK USES) PLEASE NOTE CAREFULLY THE CONDITIONS OF APPROVAL THAT ARE ON THE ATTACHED COPY OF YOUR PERMIT. THESE CONDITIONS MUST BE COMPLIED WITH IN ORDER FOR THE PERMIT TO BE VALID. ISSUANCE OF THIS PERMIT DOES jiOT CONFER A DECREED WATER RIGHT. YOUR PERMIT EXPIRATION DATE IS TWO YEARS FROM THE DATE IT WAS ISSUED. This means that the well must be constructed prior,to the expiration date of the well permit. The date of expiration and your well permit number are in the lower right hand corner of the permit. The expiration date may be extended at the discretion of the State Engineer for good cause shown. If you desire an extension. You must file a written request with this office prior to the exoiration_jate shown on the permit. The request must show good cause why the well has not been constructed, must include an estimate of time required to complete the well, and must specify the length of extension you desire. The maximum length of time that can be granted for an extension is one (1) year. YOUR WELL MUST BE DRILLED AND THE PUMP INSTALLED BY A CONTRACTOR LICENSED BY THE STATE OF COLORADO UNLESS YOU ARE EXEMPTED AS DESCRIBED IN THE FOLLOWING PARAGRAPH. Your contractor must provide you a copy of the work report(s) he filed with the Division of Water Resources. You may construct the well and/or install the pump yourself if the well is entirely for your own use, is constructed on property you own, and is constructed with equipment oned and operated by you. The well must be drilled and completed in accordance with the well construction standards of the State Board of Examiners of Water Well Construction and Pump Installation Contractors. If you construct the well and/or install the pump, it is your responsibility to complete and submit a "Well Completion and Pump Installation Report" Form No. WJR-26. These forms are available from our offices. The report must be submitted within sixty (60) days of completion of the work or seven (7) days of the expiration of the well permit, whichever is earlier. You have been provided with two copies of the well permit. The owners copy of the permit is for your records and is a valuable document. The second copy is for your pump installation contractor. If you did not indicate a proposed well construction contractor on your application, four copies of the permit are enclosed. The additional copies should be given to the driller you select. The original permit is on file in the office of the Division of Water Resources and additional copies may be obtained for a fee of 50 cents per page. Any change of mailing address or ownership of an existing well should be reported on an "Amendment of Existing Record" form. A 51.00 fee must accompany the form which are available from this office. Changes in property ownership involving a valid well permit, prior to construction of the well, can be made of record by submitting a letter advising this office of the change of ownership. No fee is required in this instance. Please contact the Ground Water Information Desk if you have questions concerning your well permit or any of the other forms. • WRJ-5-Rcv. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. CC ADO DIVISION OF WATER RESOU•S Y "�• 1.1 OCess 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM ( ') A PERMIT TO USE GROUND WATER ( • ) A PERMIT TO CONSTRUCT A WELL FOR: ( ) A PERMIT TO INSTALL A PUMP REPLACEMENT FOR NO. ► OTHER WATER COURT CASE NO (1) APPLICANT - moiling address NAME STREET CITY TELEPHONE NO (State) (ZIP) (2) LOCATION OF PROPOSED WELL County ftf /' 1/4 of the '1) /, Section ( o Twp. ✓ — 5 Rnq. N,S) E,W) P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre feet): )7' Number of acres to be irrigated: Proposed total depth (feet): Aquifer ground water is to be obtained from: - Owner's well designation /fin, ' #;, GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) (/ ) DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL TFIE USE ON BACK IN (11) (4) DRILLER Name Street City (Zip) Telephone No (State) tic. No.__ __ FOR OFFICE USE ONLY: DO NOT WRITE If'J THIS COLUMN Receipt No. / Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE BY (STATE ENGINEER) r'n(1NTY — ns. (5) THE LOCATION OF THE P OSED WELL and the area on which the water will be used must re indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + - --t- - -+- - - + - 4- - -f- - + - 4- i� 1 MILE, 5280 FEET —*I T 1- W h F- cnw W NORTH SECTION I - 1 I I / I � _ - _ ±II _- IfI I - I - I -- _ N LINE m N 1 m } 4 4 - -I- -- +- - + - .+. - -}- The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. -rl .r /4,, 41,, ._ .- v,i .a • , (6) TH LL MUST BE LOCATED BELOW by distances from section lines. P 00. d ft. from 5 S v • "ft from N o R Tt-� (north or south) t"' /4.s (east or west) sec. line sec line LOT BLOCK FILING # SUBDI VISION (7) TRACT ON WHICH WELL WILL BE LOCATED No. of acres Owner' P/ y • Will this be the only well on this tract? F: (8) PROPOSED CASING PROGRAM Plain Casing in from 6 in from r, Perforated casing C� ft to ft to ft ft in from ft. to ft in from ft to ;t (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: ../, (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s) : N /15. No. of acres• Legal description: (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. • (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SIGNATURE OF APPLICANTISI Use additional sheets of paper if more space is required. Form No. GWS --7 November 1, 1984 DIVISION OF WATER RESOURCES 1313 Sherman Street, 818 Centennial Building Denver, Colorado 80203 (303) 866-3581 IMPORTANT INFORMA TION FOR WELL PERMITS APPROVED PURSUANT 10 CRS 37-92-602 (HOUSEHOLD, DOMESTIC AND LIVESTOCK WELLS) FAILURE 'N COMPLY WITH THE FOLLOWING INSTUJCTIONS MAY VOID YOUR WELL PERMIT PLEASE NOTE CAREFULLY THE CONDITIONS OF APPROVAL THAT ARE ON THE ATTACHED COPY OF YOUR PERMIT. These conditions must be complied with in order for the permit to be valid. YOUR PERMIT EXPIRATION DATE IS TWO YEARS FROM THE DATE IT WAS ISSUED. Both dates and your well permit number are in the lower right hand corner of the permit. This means that the well must be constructed prior to the expiration date of the well permit. The expiration date may be extended at the discretion of the State Engineer for good cause shown. If you desire such an extension you must file a written request with this office prior to the expiration date shown on the permit. The request must show good cause why the well has not been constructed, must include an estimate of time required to complete the well, and must specify the length of extension you desire. The maximum length of time that can be granted for one extension is one (1) year. YOUR WELL MUST BE DRIIJ.ED AND TME PUMP INSTALLED BY A CONTRACTOR (S) LICENSED BY THE STATE OF COLORADO UNLESS YOU ARE EXEMPTED AS DESCRIBED BELOW. You may construct the well and/or install the pump yourself if the well is entirely for your own use, is constructed on property you own, and is constructed with equipment owned and operated by you. The well must be drilled and completed in accordance with the well construction standards of the State Board of Examiners of Water Well and Pump Installation Contractors. If you construct the well and/or install the pump, it is your responsibility to complete and submit a "Well Completion and Pump Installation Report" Form No. WJR-26. These forms are available from our offices. The report must be submitted within sixty (60) days of completion of the work..or seven (7) days of the expiration of the well permit, whichever is earlier. You should ask your contractor to provide you a copy of the report he filed with the Division of Water Resources. ONCE WATER FROM THE WELL REGISTRATION OF YOUR WELL COMPLETED BY YOUR SUBMISSION GROUND WATER, Form No. WRJ-25 This registration is not a put to beneficial use. HAS ACTUALLY BEEN PUT TO BENEFICIAL USE, THE WITH THE DIVISION OF WATER RESOURCES MUST BE OF AN ACCEPTABLE STATEMENT OF BENEFICIAL USE OF water right, only evidence that water has been (ADDITIONAL INFORMATION ON OTHER SIDE) 4 SUPPL V1 NrAL INFORMATION The owners copy of your permit to construct a well is a VALUABLE DOCUMENT. The original permit is on file in the office of "the Division of Water Resources and additional copies may be obtained for a fee of 50 cents per page. Any change of mailing address or ownership of an existing well should be reported on an "Amendment of Existing Record" form. A $1 fee must accompany the form. Blank forms are available from this office. Changes in ownership of a well permit prior to construction of a well can be made of record by submitting a letter advising this office of the change of ownership. Upon completion and use of the well the new owner should fill out a Statement of Beneficial Use of Ground Water in his name. If you did not indicate a proposed driller on your application, four copies of the permit are enclosed. Two of these copies should be given to the driller you select and one to the pump installer. Please contact the Ground Water Section of the Division of Water Resources or your well driller if you have questions concerning your well permit or any of the other forms. The following information is provided as an aid in completing the forms: The "maximum sustained pumping rate of the well" is the greatest stabilized pumping rate of the well with the permanent equipment installed. The "pumping rate claimed hereby" is the pumping rate approved on your permit, or the maximum sustained pumping rate, whichever is less. This is the pumping rate for the normal operation of the well. This information is on the well completion and pump installation report. Your contractor should have provided you a copy of the report. A permit approved for Household Use Only may NOT be used for any outside" use, irrigation for lawn or garden, or serve more than one single family dwelling. 1 acre = 43,560 square feet 1 acre-foot = 325,900 gallons q � ^ Ay t- --�,.. ..n t 'i , L '1 e 2905I • COLORADO DIVISION OF WATER RESOURCES INSTRUCTIONS FOR COMPLETING PERMIT APPLICATION Please note that this form must be completed where applicable and typed or printed in black ink (for duplicating purposes). Please indicate at the top, the purpose of the application by placing an (X) mark in the appropriate spaces. Application fees are not refundable. The following is a brief outline for completing the form. The Item number corresponds to the number on the application form. ITEM (1) APPLICANT - Complete in full. (Copies of the permit and all correspondence will 6e sent to this address unless otherwise requested). (2) LOCATION OF PROPOSED WELL - Complete each blank. The ,I/4 of the I/4 -section, section number, township (twp) and range(rng) each must be designated. (3) WATER USE AND WELL DATA - Give: proposed pumping rate, acre-feet (refer to Water Equivalent Table on the back of the form), irrigated acres if any, otherwise "none", proposed total depth, aquifer if known (this can be sand, sand and gravel, sandstone, granite, etc. or the geological name), and owners well designation if any, such as name or number. GROUNDWATER TO BE USED FOR: One or more of the uses must be indicated. HOUSEHOLD USE ONLY means solely for household purposes with no outside irrigation of lawn or garden. Do not mark "DOMESTIC" for this use. DOMESTIC should be checked for household and/or lawn and garden irrigation of one acre or less. This can also include use for watering of domestic animals. IRRIGATION should be checked when irrigating more than one acre. (4) DRILLER - This should be completed in full if a driller has been selected, otherwise "licensed" or "self". All wells must be constructed by a driller licensed in the State of Colorado or by yourself with equipment owned and operated by you. (5) THE LOCATION OF THE PROPOSED WELL - The location of the well must be indicated on the diagram by an "X". If the well is used for irrigation purposes the land area to be irrigated must be shaded or crosshatched in the diagram. (6) WELL LOCATION - The distance from the section lines MUST be given for all wells. Make sure this corresponds with the 1/4 of the 1/4 section location in Item (2). (7) TRACT - The number of acres should be given as accurately as possible. "Less than one" is sufficient on small tracts of less than one acre. Also, indicate if this is to be the only well on that given tract and the owner. (8) PROPOSED CASING PROGRAM - This is important information to the Division of Water Resources for evaluation of the application. The total depth should correspond with proposed depth stated in Item (3). Please indicate any uncased interval anticipated and size of hole. Your well driller can help you with this item, if necessary. (9) FOR REPLACEMENT WELLS - Complete as indicated. (10) LAND ON WHICH GROUND WATER WILL BE USED - Land owner's (s') name(s) must be indicated for the proposed well. The number of acres and legal description must be given for all proposed wells except for household, domestic or stock wells when located on a tract of land of less than thirty-five (35) acres. (11) DETAILED DESCRIPTION of the use of ground water: For Commercial, Industrial and Municipal wells this should give information such as number of people served, number of taps, use of the water area served, etc. Household and domestic wells must indicate type of disposal system. If other than septic tank and leach field, explain how effluent will return to same stream system in which well is located. Use extra space if necessary. (12) OTHER WATER RIGHTS - If any, please indicate. (13) SIGNATURE - The application must be signed in black ink by applicant or his authorized agent. Contact a well driller for assistance if necessary. ROY HOMER Governor •O� CO(n • OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 MEMORANDUM T0: DIVISION OF WATER RESOURCES STAFF FROM: JERIS A. DANIELSON, STATE ENGINEER SUBJECT: NEW FEES FOR WELL PERMIT APPLICATIONS, SENATE BILL 200 DATE: JUNE 30, 1987 Legislation under Senate Bill 200 increases the fee for all water well permit applications effective July 1, 1987. All fees go to $60.00 per application except for exempt replacement wells. Wells in augmentation plans are not exempt. The replacement fee for non-exempt wells is $60.00. The application fee to replace an existing exempt well outside designated basins or srnall capacity well in a designated basin which is of record in this office is 1;20.00. The application fee to replace an exempt well not of record in this office is $60.00. The fee to obtain a permit for an existing exempt well not of record in this office is also $60.00; such wells niay not automatically be recorded as in the past. If the correct fee is not included with the application, it will be immediately returned without the benefit of any review or evaluation. When the correct: fee is received with the application, it will be receipted and evaluated under normal processes. Outlined below is a summary of the types of applications showing the required fee. A separate mailing has been sent to all water well contractors informing tllern of the change in fees. We would appreciate your help in disseminating this information. JERIS A. DANIELSON State Engineer 4t 7 3 nti 4 'P do. 16,81 15j ; }: s CIfi4-GC TYPE OF WELL NEW FEE STATUTE NEW EXEMPT OUTSIDE DESIGNATED BASINS $ 60.00 37-92-602(3)(a) IN HOUSE USE ONLY, DOMESTIC WITH LAWN IRRIGATION AND DOMESTIC ANIMALS, STOCK, COMMERCIAL EXEMPT NEW SMALL CAIACITY IN DESIGNATED BASINS $ 60.00 37-90-105(2) IN HOUSE IJSE ONLY, DOMESTIC WITH LAWN IREIGATION AND DOMESTIC ANIMALS, STOCK, COMMERCIAL EXEMPT • • MEMORANDUM TO DIVISION STAFF CONTINUED TYPE OF WELL NEW FEE NEW NONEXEMPT OUTSIDE DESIGNATED BASINS $ 60.00 INCLUDES DOMESTIC WELLS IN AUGMENTATION PLAN SUBDIVISIONS, COMMERCIAL,MUNICIPAL, IRRIGATION, INDUSTRIALAND MONITORING NEW LARGE CAPACITY INSIDE DESIGNATED BASINS $ 60.00 37-90-116(1)(a) INCLUDES COMMERCIAL, MUNICIPAL, IRRIGATION, INDUSTRIAL AND MONITORING REPLACE REGISTERED/PERMITTED EXEMPT $ 20.00 37-92-602(3)(a) OUTSIDE DESIGNATED BASINS IN HOUSE USE ONLY, DOMESTIC WITH LAWN IRRIGATION AND DOMESTIC ANIMALS, STOCK, COMMERCIAL EXEMPT REPLACE REGISTERED/PERMITTED SMALL CAPACITY $ 20.00 37-90-105(2) INSIDE DESIGNATED BASINS IN HOUSE USE ONLY, DOMESTIC WITH LAWN IRRIGATION AND DOMESTIC ANIMALS, LIVESTOCK, COMMERCIAL REPLACE NONEXEMPT OUTSIDE DESIGNATED BASINS $ 60.00 37-90-137(2) INCLUDES COMMERCIAL, MUNICIPAL, IRRIGATION, INDUSTRIAL AND MONITORING STATUTE 37-90-137(2) REPLACE LARGE CAP. INSIDE DESIGNATED BASINS $ 60.00 37-90-116(1)(c) INCLUDES COMMERCIAL, MUNICIPAL, IRRIGATION, INDUSTRIAL, MONITORING AUGMENTATION PLAN CHANGE USE LARGE CAP. DESIGNATED BASINS $ 60.00 37-90-116(1)(h) INCLUDES COMMERCIAL, MUNICIPAL, IRRIGATION, INDUSTRIAL AND MONITORING EXTENSION NONEXEMPT OUTSIDE DESIG. BASINS $ 60.00 37•-90-1;7(3)(a) INCLUDES DOMESTIC WELLS IN AUGMENTATION PLAN SUBDIVISIONS, (:OMMLRCIAL, MUNICIPAL, IRRIGATION, INDUSTRIAL AND MONITORING LATE REGISTRATION WITH OR WITHOUT AN APPLICATION TO REPLACE OR DEEPEN THE EXISTING WELL. JAD/rb $ 60.00 A. Danielson Engineer 37-92-602(5) I ., 7,4, . 4,64 ..I • i 0 I o 4 / 1,0 1363' R'8I rr 11 N '48305 • 1362 , 739 7478 , ts! j ��'• 7587 6769 VI 4361000' N s 766? v 1360 • 4359 560 000 FEET I 7808 •7785 7 • ^358 • 111 h 8;;73 ct \ •r 210 1.1, 1,11i... ._ Reception No. _4 Recorder. THIS DEED, Made this 9th day of May , 19 90, between NORTH THOMPSON FOUR MILE MINERAL AN]) LAN]) CORPORATION a corporation duly organized, and existing under and by virtue of the laws of the State of Colorado, of the first part, and JEFF K. BURTARD AND BAMBI J. BURTARD avhest• legal address: is P.O. Box 1305, Carbondale, Colorado 81623 ofthe said County of Garfield State of Colorado, of the second part, WITNESSETII, That the said party of the first part, for and in considera- tion of the sum of TEN AND NO/100 DOLLARS, to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, hath remised, released, sold, conveyed and QUIT CLAIMED, and by these presents doth remise, release, sell, convey and QUIT CLAIM unto the said part ies of the second part,their heirs and assigns forever, all the right, title, interest, claim and demand which the said party of the first part hath in and to the following described dometic water well situate, lying and being in the said County of Garfield and State of Colorado, to wit: An undivided 1 interest in the North Thompson No. 1 domestic water well, permit (155462, issued September 28, 1989. Located in the County of Garfield NE lz of the Ne h, Section 6, Township 8 South, Range 88 West, 6 P.M. also known as street and number None TO HAVE ANI) TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of said part ies of the second part, their heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto subscribed by its President, and its corporate seal to be hereunto affixed, attested by its Secretary, the day and year first above written. Attest: %r secretary. STATE OF COLORADO ss. County of Garfield NORTH THOMPSON FOUR MILE MINERAL AND By D 0 N Y:erv-a Robert Perry The foregoing instrument was acknowledged before me this '74L. day of q 19 'TO , by President. Robert Perry as President and Clifford Cerise as Secretary of The NORTH THOMPSON FOUR MILE MINERAL AND LAND CORPORATION a corporation. My notarial commission expires '73-11' Witness my hand and official seal. Notary Public. No. 108-13.(1UITCI.AI1t DEED—Corporation Form—Bradford Publishing Co.,1824-4( Stout Street, Denver, Colorado —10-77 • r*4/' -co -57 •°r 57‘570. q-r/s t•ret<e_;•x?>-,, _ `&7s 0 EXHIBIT A LEGAL DESCRIPTION A strip of land 90 feet wide situated in the Northeast quarter of Section 6, T.8 S., R.88 W. 6th P.M. Garfield County, Colorado, being 45 feet each side of the following described centerline using bearings of the Colorado Coordinate System, Central Zone. Beginning at a point on the North line of Section 6, T.8 S., R.88 W. 6th P.M. whence the Northeast corner of said Section 6 bears S 88° 52' 53" E. 212.01 feet; Thence 5 58° 19' 09" W 41.04 feet; Thence along a curve to the left, with a central angle of 40° 38' 28" and a radius of 716.2.0 feet, for 508.02 feet. The chord bears S 37° 59' 55" W 497.43 feet; Thence S 1.7° 40' 41" W 357.11 feet; Thence along a curve to the left, with a central angle of 33° 36' 49" and a radius of 409.26 feet, for 240.10 feet. The chord bears S 0° 52' 17" W 236.67 feet, to the Northerly R.O.W. line of the County road. Said parcel contains 2.37 acres.