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HomeMy WebLinkAbout1.0 Application410 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 %�c/P /9.2_1____ 1 afa 1 yN _� d A,e R �� respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of /6) acre tract of land into tracts of approximately/C74 G- acres each, more or less, from the definitions of "subdivision" and subdivided land" as the terms are used and defined C.R.S. in (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: LUIS,/ `D ��'GE/V _ il> & 9 EY,'//1/7- /, SUBMITTAL REQUIREMENTS: An application which' satisfies the review criteria must be su all the following information. bmitted with ✓`A• Sketch map at a minimum scale of 1"= description of the 200 showing the legal se rate right-of-way, Property, dimension and area of all lots or P interests to be created, access to c and any proposed easements for adraiinage, VB . irrigation, access or utilities; 9 Vicinity map at a minimum scale of 1"-2000' showin the topographic and geographic relation of the proposed exemption to g e general the surrounding area within two (2) miles,for which a co f C' U.S.G.S. quadrangle map may be used. pl of ` Copy of the deed showing ownershipby from the property owner(s) if othethan,�thepplicapplicant; andletter A. from and addresses of owners of adjoining and within 200 feet of thepoposed ecord of land immediately owners and lessees of mineral owners ofrrecord ofethetipr minerao be exempted, and tenants of sedrty conversion; and anY structure proposed for t.' E• Evidence of the soil types F• Proof of legal and adeqateasource nd rofterdomestic wateristics ofch foryea and created, method of sewage disposal, and letter of a ova loteafire protection plan from appropriate fire district; approval of d G. If connection to a community or municipal water or sewer is proposed, a letter from the system willingness to serve; and 9overnir�g body stating aa H. I. Narrative explaining why exemption is being requested; and It shall be demonstrated that the anuary 1, 1973 or the parcel existed as described on Jan more than three parcel as it exists presently is one of existed.on January 1, 1973e1s created from a larger parcel as it ..-,<J. A $100.00 fee must be submitted with the application. Petit1oner Failing _C, I , 233 Mailail— my Adress City 30,1---7(,-,Z(77 Telephone Number State • • 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 pa1t 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. • • 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. FORM NO. 10/89 2 STATE OF CO OOWS- OFFICE OF TH .ATE ENGINEER 411L Denver. Colorado 80203 For MosU°° °"y NLAuBFA 818 Centennial Bldg.. 1313 Sharman, SL. (303) 886.9581 FOR INSTRUCTIONS SEE REVERSE SIDE REGISTRATION OF EXISTING WELL 1. WELL OWNER � NAME(S) Mailing City, Phone ! -7 by f /l /9'/E !9�1_ Address ' ,5-79/ 67W, ,233 St. Zip S/z..-r, d i:zz . ?-/4,5.2... (30.3) g e,, - ;4 9.- 2. WELL LOCATION: COUNTY GA.F'F/�"LZ OWNER'S WELL DESIGNATION AZ/ Com-'1.los� /00j�,ie. 0?4,6" S/'Lr (Addr..$) 5 (13 1/4 a the) 41 W 1/4, Sec. 35" Twp. (Cty) (State) MP) 9o. ❑ E. or E W. r/o P.M, 5- ❑ N. or El"S., Range Distances from Section Lines 39 75 Ft. from ❑ N. Of E S. Line, 1//.5-0 Ft. from Y E. or ❑ W. Line. 3. Cfi T�h/e well has historicallytbeen used for the following cm S6 I t, .- /4-zzli . (ApteRill purpose(s):25tnlylk -{�rni4 ik..&//iitg4,/it',c'/Fo7-lc/Il V Non! C1/2,ECii4L L.0mFSr/L o4F <26- 9okDEn/. 4. Water from the well was first used beneficially by the anginal owner for the above described purpose(s) on _ 4/0/7kosc 19 5. The total depth of this well is 50- 65. feet 6. The pumping rate is /5 gallons per minute. 7. The average annual amount of water diverted is /,5- acre/ feet. 8. The described or as land area of home lawn and garden irrigated as: /4 NUJ /y SE // N // from this well is: «2 E Acre or ❑ Square feet, / P/Tl. . (Number) 5E6_, 3.5 7-7,04 5-s RA/6.9z kv e� (Legal %V/P' D..enpbon) Subdivision Lot(s) —`' Block Filing/Unit I (we) have read the statements made herein, know the contents thereof, and state that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury' in the second degree and is punishable as a Class 1 misdemeanor.] 9. Name/Title (Please type or print) 77//r���,2 /e- - oWAi ,e Signature a Date C, Pe FOR OFF E USE ONLY State Engineer BY Date Court Case No. Div. Co. WD Basin • MD Use GWS 13 • COLORADO DIVISION OF WATER RESOURCES FIELD INSPECTION REPORT APPLICANT: Philip & Kathie Barrie Address: 5721 County Road 233 City: Silt, CO 81652 Phone No. Home (303) 876-2677 Office Person contacted, if not applicant: Kathie Barrie Type of Disposal System Septic/Leach Total number of acres in tract on well is located + 5.0 PURPOSE OF INSPECTION; Late Registration X Replacement Abandoned Old Well _ Complaint Other Nature of Complaint LOCATION OF WELL: County Range 3,975 feet from Lot Bik Garfield , SW 1/4 NW 1/4 92 W , Township 5 S Sec. 35 feet from (N(51 and 4,150 W) Section line. Filing Subdivision: Are there any other wells NO 7 If yes, how many Used for: PLEASE VERIFY THE HISTORIC USE AND THE CURRENT OR PROPOSED USE FOR LATE REGIS- TRATIONS (SEE BELOW) A. The use of the well described herein, prior to May 8, 1972, was: ORDINARY HOUSEHOLD PURPOSES IN 2 SINGLE-FAMILY DWELLING(S). WATERING OF POULTRY AND/OR DOMESTIC ANIMALS. WATERING OF LIVESTOCK ON FARMS AND RANCHES. HOW MANY HEAD r`Et i LOT YES NO IRRIGATION OF NO MORE THAN ONE ACRE OF HOME GARDENS AND LAWNS 25,000 SQUARE -1r: r. FIRE PROTECI'ICN . FOR CCICIAL WELL, cRR BACK OF THIS FORM. OTHER TYPE OF WELL (DRIB DUQ) SPRING WELL) Hand Dug If spring well, give de s on how and when developed Well construction appeared to be hand dug (approximately 1924); well construction was updated in approximately 1960, with casing and a pump being installed. 8. The current or proposed use of the well (If different than stated above): Current use is same as above. It should be noted that the + 5.0 acres where ground water will be used is the N1 of the NWS of the SES of the NWS, Sec 35, Twp 5 S, Rng 92 W, 6th P.M. The physical address where ground water will be used is lUUI County Road G6u, Silt, LI) (over) INSTRUC7IO4OR THE COMPLETION OF REGISTRA OF EXISTING WELL IMPORTANT INFORMATION: CERTAIN WELLS NOT PREVIOUSLY REGISTER OR PERMITTED MAY BE REGISTI'fiED PURSUANT TO C.R.S. 37-92-602(5). THE WELLS MUST HAVE BEEN CONSTRUCTED AND PUT TO BENEFICIAL USE PRIOR TO MAY 8, 1972 THE TYPES OF WELLS THAT MAY BE REGISTERED ARE IDENTIFIED AS FOLLOWS: 1) Wells not exceeding fifteen gpm which are used for ordinary household purposes, fire protection, the watering of poultry, domestic animals and livestock on farms and ranches, and the irrigation of not over one acre cif home gardens and lawns, but not used for more than three single family dwellings. 2) Wells not exceeding fifty gpm which are in production as of May 22, 1971, and were and are used for the purposes described in (1) above. 3) Wells not exceeding fifteen gpm which are used for drinking and sanitary facilities in individual commercial businesses. 4) Wells used exclusively for fire -fighting purposes if said wells are capped, locked and available for use only in fighting fires. 5) Wells within Designated Groundwater Basins may be registered provided they do not exceed 50 gpm and are used for not more than three single family dwellings and the irrigation of not over one acre of home gardens and lawns, or the watenng of livestock on range and pasture. They may be used in one commercial business, but may be further restricted by applicable Ground Water Management District Rules and Regulations. The Form must be typewritten or printed in BLACK INK Initial and date any changes you make on the form. INCOMPLETE FORMS ARE NOT ACCEPTABLE AND WILL BE RETURNED. ATTACH ADDITIONAL SHE I b IF MORE SPACE IS NEEDED. THE FEE FOR F1UNG OF A LATE REGISTRATION IS $60.00 PAYABLE TO THE 'STATE ENGINEER'. IF THE LATE REGISTRATION IS ACCOMPANIED BY AN APPUCATION FOR A PERMIT TO REPLACE THE EXISTING WELL IN THE SAME AQUIFER, THERE IS NO ADDITIONAL FEE. 1. Print the well owner's name and include the mailing address and phone number. 2. If the well location is different than the mailing address of the owner, include the address where the well is located. North Well. The actual well location must include 1/4, 1/4, Range, Township, Section and distances from Section lines. Mark the appropriate boxes for North or South and East or West directions. 3. Describe the use(s) to which the water has actually been applied. 4. Enter the date of first beneficial use by the onginal owner. This date must be prior to May 8, 1972. 5. Enter the total depth of the well. 6. Enter the pumping rate of the well in gallons per minute. 7. The annual amount of water diverted in acre feet must be indicated. One acre foot is equivalent to 325,900 gallons. An average home with lawn and garden irrigation diverts an average of one acre foot. Average home use which does not include lawn and garden irrigation (watering) diverts 1/3 acre foot. 8. Report the area irrigated either as one acre, fraction of one acre or square feet by filling in the correct number and check the appropriate box. You must describe the specific area irrigated using either the legal oescnption of that land or by referencing the Subdivision, Lot, Block and Filing or Unit number. The watering of home gardens and lawns is considered irrigation and must be reported. If the well is not used for irrigation, place a zero in the acres irrigated blank. One acre is equivalent to 43,560 square feet. 9. The well owner must sign the form. Print or type your name in the first block if it is different from Item No. 1. If signing as a representative of a company who owns the well, then your title must also be included in the first block. Sign the second block and date the last block. The existence and use of the well must be verified by field inspection before the registration can be processed. For an inspection, contact the Division Office where your well is located. Divisions are based on major river drainage areas. For example, the Division One Office administers the South Platte River Basin. DIVISION 1 209 ARIX BUILDING 800 8TH AVE. GREELEY, CO 80631 (303) 352-8712 DIVISION 5 1429 GRAND AVENUE GLNWD SPGS. CO. 81601 (303) 945-5665 DIVISION 2 219 W. 5TH RM. 223 PUEBLO, CO. 81003 (719) 542-3368 DIVISION 6 320 LINCOLN AVE. STE. E STMBT SPGS., CO. 80477 (303) 879-0272 DIVISION 3 422 4TH ST. ALAMOSA, CO 81101 (719) 589-6683 DIVISION 7 1474 MAIN ST. DURANGO, CO. 81302 (303) 247-1845 DIVISION 4 308 S. FIRST ST. MONTROSE. CO. 81402 (303) 249-6622 DENVER OFFICE RM. 823 1313 SHERMAN ST. DENVER, CO. 80203 (303) 866-3581 • • 1 • - • . • • • • 4 • 4. 3 41- ; 11 • N • °Maw MAP NO. 2127 I TAX AREA 2HC -6F (o?0) Imp. 2127-352-00 -044 -• . • . . - - . - . • .. .•. • •:. • ::.".:,•' ."'.... ,....•'•-p".....- : ''.. ., .-4. . Oi. .. ' , . RECAP ACTUAL VALUE ASSESSED VALUE !ENTERED Land U.* ACRES LAND PAP•. TOTAL LAND IMPS. I TOTAL DATE ' s [ k.:.4;;..: N ''': '' . •Z•liar...,' ...-.._ . • - iTcolt.. • .L..4'1 ' ; . likos,-,Ti ,,•4::: ':.•• ... • 'r wk.*, - .. ...014.1*:.• — .!.-. - , . 1., .... ft 1. - ,. ... i • i ., • . 6 .. ,c, :1( 11.1 ,;•/.,, u ; , L , • ra.,._ .:._.......,:,.. IF- 0 - 0 cs, ° re,..... Q C ry.; , - Q ctS cr . o •C '` Q (V. 4...; ;6Z. 0 (NI ...s 40 IN-') ...sJ „ 0 ..... s-••‘ 0 .... t•Q ........ ,z -L, 0 \....cs v ''', k.,, -.,„ 4- ',.... v••< ,..) --- LC) ci -_, L-- In Lcs Ks 1'0 ai ,..‘s, Q 0 ...... 0 C --- —... LAND CLASS _ > _ ->. FARMSTEAD ROAD & DITCHES TOTAL ai 2 t ... C ,',..... `........„ c-Nk. . 4 - i 0 :_• -E• WATER SHARES SUPPLEMENT WATER 2 a re. s., r'r) . — , u. I LI. c 72-_- r .,3 o o ,•,, • d, 3._ro o o AREA -i • 2'. : _ - 14 2 .-I .13 1-1 • ....., 03 : ,... . • .....,(11 4r, v (...•.‘ --s :3". : DATE Month I Year •.0 ........_ _., •-, .il (--- ai 0 ' ''' ....- — '4.3-- .•-• 0 4 °,_- 0 , De 8 a= .ts Z <0 ...., 'A 4—(1- 1 0.4 TWP L RANGE 5.- 92 SEC. & y. SEC. 26 35 .• • . 0 . .. .. . .. _. 73. , ,.....4.• , . .6. -..C. .. ...‹ - ---- ...,.. 75 ...1) , 0 _77 --t _IP. l.).- •-$) ‘.4 -... • ) • ,• ' • . i .. - • . . . : . 1 . • . • ' , • • ' . . . • muur.144 • ; • ill . . . . , . ...... o o c.• X Z.0.30 •• ••.0 XA 0 X Z :to 3 C ... X 1. t0 V r4 • • to srs tv en a; al 43 VI _ • .. j . . , .. _._ - • o i . , . ... . . 4.-. a• • ..c . . . .. ' z a .-• r - .s., I . • ,-. . vc , . r _ . _ „ . OM •r•s0 0 I . •.1.• . • . . • asr..1 CO - • al '0 0 •-• • •-• - ' - -. „ .• r./ 0 - • c0 cl ' .- - -.. • , • C ifs X rl • . 0')) VO c r.0 cA --• . 0 .0 C • 0 ra '0 , . • . , . A ., .-1 0 r's • A • .. : • .--, 0 - 3 r \ 01 •-• • gel • . , 0 44 Z M m m •• ' . - ' .. - - • • *. . .. -. Os • ri rri . . . . • I 0 a• as - A . . LS sr. .0 u m a• 4.. r • 0 0 VI • [-s . ? . AI WI 0 C 0 , r)c .6s 0 0 ' '. . . • .- • . • ••• . 0 0 .-• - c z , . a 0 0 M 0 •-.1 In V .0 0 • • 01 • • 4, 0 CO ' 0- 00 ' . cc 0 rl 0 A' ,- C • . 0 rs ra s .0 0. . ' . -.• ' . . • ' ' . . . • : . , Inansimp. tit f� • V Q J H —Z w C W c I 0 0 U w F 0 U 1- w 0 Q J 0 w Z Q z O F Z 01 N N M . REPLACEMENT COST NEW ila3.2.D7$ - ADJUSTED % GOOD AO%n2 ! % - TOTAL R.C.N.L.D. $ 11[l. J _, (AX) Date: Computed by: _ (AY) Reviewed by: FIRST FLOOR - 8 2 = - (8A) TOTAL - %, $ SECOND FLOOR AND ABOVE x x = (BB) TOTAL $ (AJI mom HALF STORY/FIN. ATTIC �o "sE7G (BC) TOTAL; (AK) mem PARTIAL BSMT. (UNFIN.) z c (BD) TOTAL L TOTAL BASE COST l QUALITY ADJUSTMENT ADJUSTED BASE COST (AL) m®® FINISHED BASEMENT e - (BE) TOTALS APPLIANCES 8 MECHANICAL DOLLAR ADJUSTMENTS Arta Unit l OTHER ITEMS N. Stn./Moss Rock Framing Adj. Roofing• Concrete Slab• Carpet I 1( I AM)04I121131 PORCHES, ETC. t -)P Area .iiIII r CARPORT t IMF) 18F) 11 GARAGE o � H TOTAL OTHER ITEMS 1 /rte[.[/ REMARKS DEPRECIATION Yeor of Appraisal 119 119 • • N W OTHER ITEMS Fireplace MiirC I11- • _ O ¢iE o O (AV)APPRAISED BY: QUALITY ADJUSTMEN (At Time of Canetruchon)] — + ✓ ili W E p i n F f E [ f - (CD) NET VARIANCE (From Typal TOTAL QUALITY ADJUSTMENT D O Q O U IIIIIIV 1 111_IIIIHIIIRIIIIIII_A 1 11 ii BUILT ;TED YEAR (AO) ROOMS (AP) BEDROOMS (AQ) BATHS FIRST FLOOR FIN.AREAj ABOVE FIRST FIN.AREA BASEMENT FIN. AREA TOTAL FINISHED AREA R.C.N./SOFT. FIN. AREA R.C.N.LD/SO.FT. FIN. AREA $ APPLIANCES AND MECHANICAL 19 {l7j K) APPLIANCES TYP NO. UNIT COST ACooking Top 1_u� 111 1;111 11111 111 2IIIIIL1111 121- 1 1 I TOTAL APPLIANCES 8 MECHANICAL 1I124, g III 11111111111 ■■■■ o IIIIfIz 111 W -MU 11111 •�•�iI•luI!1 1111 Q o seuu d F Hood,Custom Con. G Electronic Oven H Electric B.B.O. 1 Centile Oven J Control Vacuum K Intercom., AM -FM lL lInlercom., AM M Intercom.,Remote Sta. Z (L) PLUMBING A Bos. 8 rose Bath Lavatory Water Closet Bath Tub Roman Tub 51a11 Shower Stoll Shower, w/Door Dishwasher R. I. 3 Fixture Bath 5eporote Slack Slidin• Tub Encl. Water Sol ten.r Sauna Both Bidet HEATING 8 COOLING Forced Alr Gravity Hot Wtr. or Steam x rinHumid,liva Elect Wall H1.— 7SOW Elect. Wall Ht. -1500W I(AA) TYPE NO.I f / F E x - V o ° o E m _ o W 3 toe __° a is - a 0 REFE iY FW ILJ 5T ®® OOF P1 I ®® ALL A11.01 x ago®o 0 m0-4.--------: --44- 4 = vI 3 111 U11 111 1 N z 11110 10 LL F,u�iiniz E( FOUNDATI( Concr.ts 8 Block W° - i _ ce o c H 2 ii W; — 2 0li 1 '7ao0oW''©vo ■G =ocoaW,<0 zm®= =41:00©11 omUc©o© o Q WARRANTY DEED Arthur M. Guida and L. Alice Collister 410 - 17th Street, Suite 880 Denver, Colorado 80202 for the consideration of ten and more dollars, in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, hereby sell, convey and warrant to Philip A. Barrie and Kathryn J. Barrie, -as Joint Tenants - 5721 County Road 233 Silt, Colorado 81652 the following described real property in the County of Garfield, State of Colorado, to -wit: A parcel of land situated in the WAWA and in the W;E1NW1 of Section 35, Township 5 South, Range 92 West of the 6th P.M., as described in the records of Garfield County, Colorado, as Document No. 230536, said parcel of land including tracts numbered 6, 7, 8, 9, 10, 11, 23 and 24 in said Section 35 as shown on Plat No. 1 of the Antlers Orchard Development Company, said parcel of land is described as follows, to -wit: Beginning at a rock corner found in place and properly marked for. the Section Corner common to Sections 26, 27, 34 and 35 of said Township and Range; thence North 88°45'23" East along the Northerly line of said Section 35, 2009.45 feet to the Northeast Corner of: said W1/2E1/2NW1/4; thence South 00`05'03" East along the Easterly line of said W1/2E1/2NW1/4, 2679.44 feet to the Southeast Corner of said W1/2E1/2NW1/4; thence South 89°55'30" West along the Southerly line of said \W1/2E1/2NW1/4 and W1/2NW1/4 a distance of 1998.02 feet to the Southwest.Corner of' said W1/2NW1/4 being the West Quarter Corner of said Section 35;``--"''' thence North 00°19'25" West along the Westerly line of said Section 35 a distance of 2638.48 feet to the Northwest Corner of said W1/2NW1/4, the point of beginning. Also - the SE1/4SW1/4 of Section 26, Township 5 South, Range 92 West of the 6th P.M.. EXCEPT that portion conveyed to the Garfield County Commissioners in deed recorded April 3, 1950 in Buok 249 at Page 343. It is the specific intent of the Grantors herein to convey by this instrument all of the mineral rights and all of the water rights that are owned by the Grantors. The Grantors shall pay the taxes for the year 1989, and the Grantee shall pay the taxes for the year 1990 and all subsequent years. This Warranty Deed is subject to all existing instruments of record and all apparent easements. Dated pec�mber 27, / / HUR M. GUI DA L. ALICE COLLISTER ExAi STATE OF COLORADO CITY AND COUNTY OF DENVER ) ) ) SS. The foregoing instrument was acknowledged before me on December 27, 1989, by L. Alice Collister. Witness my hand and official seal. %ommission Expires August 13, 1991. KATHRYN A. t DIETRICH 9l114, a �`1 tary •' b is esidi��• at 3336 S. Ammons Street Lakewood, Colorado E OF COLORADO ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me on December 27, 1989, by Arthur M. Guida. Witness my hand and official seal. My Commission Expires N• ary Pu:• lc Residing t • SOIL When range condition deteriorates, forbs an increase. When the range is in poor condition, , ble weeds and annual plants are numerous. managing grazing maintains and improves rant tion. Reducing brush improves the range. SeE proves range in poor condition. Crested wh western wheatgrass, and Russian wildrye are si. seeding. Preparing a seedbed and drilling the good practices. Cottontail rabbit, ground squirrel, and phea habitat on this soil. Use of this soil for community development source of construction material is limited by low and steep slopes. This soil is in capability subclasses IVe, irrig Vle, nonirrigated. 42—Lamphier loam, 15 to 50 percent slo deep, well drained, steep soil is on fans and r sides. Elevation ranges from 7,500 to 10,000 soil formed in residuum from sandstone and si average annual precipitation is about 21 inc average annual air temperature is about 40 dr and the frost -free period is less than 75 days. Typically, the surface layer is dark brown lo 30 inches thick. The underlying material is redd and dark reddish brown loam to a depth of 6 Included with this soil in mapping are small Almy soils and Rock outcrop. The Almy soi lower elevations. These areas make up 5 to 1 of the map unit. Permeability is moderate, and available wate. is high. Effective rooting depth is 60 inches Surface runoff is slow, and the erosion hazarc This soil is used mainly for grazing, wildlife ha recreation. The native vegetation is aspen and an and bromes, elk sedge, wildrye, wheatgrass, peavir bine, snowberry, serviceberry, and chokecherry. When the understory vegetationdeteriorate shrubs, and Kentucky bluegrass increase. Prop aging grazing maintains and improves the L vegetation. This soil is suited to production of quaking can produce 4,050 cubic feet of wood per acrc board feet of timber from a fully stocked, F stand of 80 -year-old trees. At the present th commercial harvest of the aspen. Steep slop harvesting, and special attention is needed to r€ loss during harvest. Mule deer, elk, blue grouse, and snowshoe r habitat on this soil. Septic tank filter fields, community developr roads are limited by steep slopes. Surface ru snowmelt increases the erosion hazard on cutE Seeding reduces the erosion hazard. Roads c 26 Surface runoff is slow, and the erosion hazard is moder- ate. This soil is used mainly for crops, hay, and pasture. Alfalfa, small grains, and grass or grass -legume mixtures are grown. This soil is irrigated by flooding or furrows. Sprinklers are also suitable. Drop structures in ditches control water and prevent excessive ditch erosion. The native vegetation on this soil is mainly wheat - grasses, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, ground squirrel, and pheasant find habitat on this soil. Use of this soil for community development and as a source of construction material is limited by low strength. This soil is in capability subclasses IIle, irrigated, and IVc, nonirrigated. 41—Kim loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on allu- vial fans and benches. Elevation ranges from 5,000 to 6,000 feet. This soil formed in alluvium derived from shale and sandstone. The average annual precipitation is about 12 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 125 days. Typically, the surface layer is yellowish brown or light yellowish brown loam about 17 inches thick. The under- lying material is Tight brownish gray loam to a depth of 60 inches. In places the underlying material is stratified with fine sandy loam. Included with this soil in mapping are small areas of Arvada and Potts soils that have slopes of 6 to 12 percent. These areas make up 5 to 15 percent of the map unit. Permeability is moderate, and available water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moder- ate. This soil is used mainly for crops, hay, and pasture. Alfalfa, small grains, and grass or grass -legume mixtures are grown. This soil is irrigated by flooding and furrows. Sprinklers are also suitable. Drop structures in irrigation ditches control water and prevent excessive ditch erosion. Keep- ing the soil in hay or pasture at least three-fourths of the time helps to control erosion. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. l:::c�:wed :IL0 .vc P.. Jung :0, 195 rook 367 .' option No '' � 5 �. ^__. C H, �- n n s, 273 l.ec- - ,- - -------_.._ L cordo:. Page TMS 1 : i3 .:sED, Made this 30th day of j ung in the year of our Lord or.a thousand nine hundred and S ty-five between LYDIA SPAULDINTG I! of the County of Gar `ie1d and State of Colorado, of the first part, and 1. 111. li • • LARRY E. SPAULDING and NAO'%.A R. SPAULDING t. -ter I. of the County of Garfield and State o! Colorado, of the second part: WITNESSETU, That the said part y of the first part, for and in consideration of tha sum of d era Ten Dollars and other valuable consideration to the said part y of the first part is hand paid by the said parties of the second part, the receipt whereof is hereby confessed and aclmowledged, has granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not i^ tenancy in common but in joint tenancy, all the following described lot or parcel of lard; situate, lying and being in the County of Garfield and State of 'Colorado, to -wit: W SE1/4 Wi , North two and one-half acres of the S:&, SW1/4NTA, South seven and ona-half acres of the NE3SWr NW, the South fifteen acres of the SAN*" , also described as the SSS SWhNWe , and the S3_N1SS1/2S; N: , all in Sec. 35, Tp. 5 S., R. 92 W. of the 6th P.M.- �= • Tracts Numbers 6, 7, 8, 9, 10; 11, 23 and 24 in Section 35, To: -.5 5., R. 92 W. -of tha 6th P.M., as shown upon Plat Number 1 of the Antlers Orchard Develoorient Company. Said lands are otherwise described as the N;l1NW.71/4-,: W1/2N>a yNA, North two and one-half acres of the r tiSrA1-ti'N'.`7 a and the of ._the. -_North twenty-five acres of the_ SW1/4NW3 of Section 35, Tp. 5 S., R. 92 West of the 6th P.M., toge tier with any and all ditch or. water rights belonging to, used upon or in connection with all.of.the lands above described, including, but not,exclusivelV 50 shares of the -capital stock of the Farmers Irrigation. Company. ,EXCEPT an undivided one-half interest in and to all - of the oil, -gas, petroleum and minerals in,. -upon, �.or._ ender theabove -.-described property. --Also conveys all .right, title: erd interest-- in'and to water.: :.allotment of,, Silt:Water.Conservancy: District TOGETHER with all and singular the hereditaments and apourtenances thereunto belonging, or in anywise .appertaining, and the reversion and reversio:s, remainder and remainders, rents, issues and profits thereof; and ail the estate, right, title, interest, claire and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No, 7-58.w.\?ir.:.NTY DEED—To 7olnt Tenants—Bradford-Robinson Priatinz Com7anz, 19:4-46 Stout St. -et. Denver, Colando • • PROPERTY DESCRIPTION • PARCEL A A parcel of land situated in the West one-half of the Southeast one-quarter of the Northwest one --quarter (W1/2 SE1/4 NW1/4) of Section 35, Township 5 South, Range 92 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Note: For the purpose of this description all bearings contained herein shall be relative to N00°19'25"W (assumed) between the West one-quarter corner and the Northwest corner of said Section 35, monumented by metal pipes and aluminum caps, found in place and properly marked. Beginning at the Northeast corner of said W1/2 SE1/4 NW1/4; thence along the East line of said W1/2 SE1/4 NW1/4, S00°04'54"E, 347.12 feet to a point 20.00 feet Northerly of as measured at right angles to, the centerline of County Road 260 as constructed, said point being on a non -tangent curve to the right,the radius point of which bears N37°49'02"W, 170.00 feet; thence along the arc of said curve to the right, 111.90 feet, through a central angle of 37°42'48", with a chord bearing of S71°02'22"W, 109.89 feet to a point of tangency on the projection of the Northerly right-of-way line of said County Road as described in Book 249 Page 343 of the Garfield County Clerk and Recorder; thence along said right-of-way line, S89°53'46"W, 503.08 feet; thence N00°06'14"W, 286.69 feet to a rebar and plastic cap marked "18478 S&W Inc"; thence N07°12'39"E, 67.19 feet to a rebar and plastic cap marked "3317 S&W Inc"; thence N87°05'37"E, 599.37 feet to the Point of Beginning. Containing 221832 square feet (5.093 acres), more or less. TOGETHER WITH a 30.00 foot wide non-exclusive easement for ingress and egress lying 15.00 feet on each side of the following described centerline: Commencing at the metal pipe and aluminum cap for the West 1/4 corner of said Section 35; thence N55°30'00"E, 1645.50 feet to a point on the Northerly line of the traveled surface of County Road 260 as constructed and in place, the Point of Beginning of the easement herein described; thence N16°06'44"E, 100.16 feet; thence N04°39'55"E, 56.11 feet; thence N10°40'45"E, 4.00 feet to the Westerly line of said Parcel A the Point of Terminus, with the sideline extended or shortened to terminate at said Westerly line. TOGETHER WITH a 20.00 foot wide easement for a water line as constructed and in place lying 10.00 feet on each side of a centerline being generally described as follows: Commencing at the metal pipe and alum Section 35; thence N43°45'36"E, 1673.44 feet to a thence N81°14'41"W, 10.00 feet to the described; thence S81°14'41"E, 49.49 feet; thence N89°56'50"E, 96.66 feet; thence N88°06'33"E, 49.29 feet; thence S61°55'21"E, 32.75 feet; thence N80°00'00"E, 18.03 feet to the Westerly line of said Parcel A, the Point of Terminus, with the sidelines extended or shortened to terminate at said Westerly line. inum cap for the West 1/4 corner of said well as constructed and in place; Point of Beginning of the easement herein PARCEL B The West one -ha f the Northwest one-quarter (11/ NW1/4) and the West one- half of the East one-half of the Northwest one-quarter (W1/2 E1/2 NW1/4) of Section 35; and the Southeast one-quarter of the Southwest one-quarter (SE1/4 SW1/4) of Section 26, Township 5 South, Range 92 West of the 6th Principal Meridian, County of Garfield, State of Colorado. Note: For the purpose of this description all bearings contained herein shall be relative to N00°19'25"W (assumed) between the West one-quarter corner and the Northwest corner of said Section 35, monumented by metal pipes and aluminum caps, found in place and properly marked. RESERVING THEREFROM a 30.00 foot wide non-exclusive easement for ingress and egress lying 15.00 feet on each side of the following described centerline: Commencing at the metal pipe and aluminum cap for the West 1/4 corner of said Section 35; thence N55°30'00"E, 1645.50 feet to a point on the Northerly line of the traveled surface of County Road 260 as constructed and in place, the Point of Beginning of the easement herein described; thence N16°06'44"E, 100.16 feet; thence N04°39'55"E, 56.11 feet; thence N10°40'45"E, 4.00 feet to the Westerly line of said Parcel A the Point of Terminus, with the sideline extended or shortened to terminate at said Westerly line. and a 20.00 foot wide easement for a water line as constructed and in place lying 10.00 feet on each side of a centerline being generally described as follows: Commencing at the metal pipe and aluminum cap for the West 1/4 corner of said Section 35; thence N43°45'36"E, 1673.44 feet to a well as constructed and in place; thence N81°14'41"W, 10.00 feet to the Point of Beginning of the easement herein described; thence S81°14'41"E, 49.49 feet; thence N89°56'50"E, 96.66 feet; thence N88°06'33"E, 49.29 feet; thence S61°55'21"E, 32.75 feet; thence N80°00'00"E, 18.03 feet to the Westerly line of said Parcel A, the Point of Terminus, with the sidelines extended or shortened to terminate at said Westerly line. EXCEPTING The right-of-way of County Road 260 as described in deed recorded in Book 249 Page 343 of the Garfield County Clerk and Recorder. AND EXCEPTING a parcel of land being more particularly described as follows: Beginning at the Northeast corner of said W1/2 SE1/4 NW1/4; thence along the East line of said W1/2 SE1/4 NW1/4, S00°04'54"E, 347.12 feet to a point 20.00 feet Northerly of as measured at right angles to, the centerline of County Road 260 as constructed, said point being on a non -tangent curve to the right,the radius point of which bears N37°49'02"W, 170.00 feet; thence along the arc of said curve to the right, 111.90 feet, through a central angle of 37°42'48", with a chord bearing of S71°02'22"W, 109.89 feet to a point of tangency on the projection of the Northerly right -of --way line of said County Road as described in Book 249 Page 343 of the Garfield County Clerk and Recorder; thence along said right-of-way line, S89°53'46"W, 503.08 feet; thence N00°06'14"W, 286.69 feet to a rebar and plastic cap marked "18478 S&W Inc"; thence N07°12'39"E, 67.19 feet to a rebar and plastic cap marked "3317 S&W Inc"; thpnce. NR7°05'27"F.. 599.37 feet to the Point of Beginning. FORM NO. GWS-12 10leti STATE OF COLO F 1 OFFICE OF THE S l r. FE ENGINEER F . _ For Office Use only �1 pp �082� - NUMBER 56 1313 Sherman St., Denver. Colorado 80203 - -C. - I 818 Centennial B+dg.. (303) 866581 FOR INSTRUCTIONS SEE REVERSE SIDE :: ':' REGISTRATION OF EXISTING WELL . 3:33F' LTi;(; ' . ' i , 1. WELL OWNER TTL C' NAME(S) /J /%) f XY.N%ff/� /�iifi/G 6};. Mailing Address 5-yc„. / C./�', 0133 ITI1 1 City, St. Zip S/ter drJ<-O. 5?/,5te. CL-1 1A1968 Phone (303) W'(a -..,7G:, ? V'//`1(o Y COUNTYOWNER'S WELL DESIGNATION ii/ 2. WELL LOCATION: TARE/LL7 700, G, 4)- 66, SL! c044_, s (City) (Stine) Gt-) Sec. 3.`.- Twp. 3--' ❑ N. or E S., Range .„2.z n E. or 7 OP) W. P.M, S Lc) 1/4 of m4 /V 1/4, Distances from Section Lines 39..S Ft. from ❑ N. or E S. line, 4/ 5'0 Ft. from 21E. or ___. W. Line. has historically been used for the following purpose(s):1---2$/A0 7-22/22/ ("u. i/,fi 4 i /i7,@Fv7`<oN 3. The well Alo'o io c i .20o 1ES77 C.. oc 4. Water from the well was first used beneficially by the original owner for the above described purpose(s) on 4/0/1)rF06 19. 5. The total depth of this well is 50— 63- feet. 6. The pumping rate is /5— gallons per minute. 7. The average annual amount of water diverted is I, 5 acre feet 8. The land area of home lawn and garden irrigated from this well is: /4- E Acre or LJ Square feet, (N) described as: Nl NW /I{ SE Z Nwk SG(_., 35- t,, 5-s Rive, yz w ei Z din. (Legal Description) Filing/Unit ---- IVDA Subdivision Lots) ---- Block or as I (we) have read the statements rnacie herein, know the contents thereof, and state that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second decree and is punishable as a Class 1 misdemeanor.] 9. Narne%Title (Meow type or print) Signature - Date /E' — a w�,Q 11 {`j i fig/C /S/7/2R v � ::) C( �/ 77f�. FJ FOR OFF E USE ONLY ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO PURSUANT TO THE FOLLOWING CONDITIONS: THE ISSUANCE OF THIS PERMIT DOES HOT CONFER A DECREED WATER RIGHT 1) IN ACCORDANCE WITH CRS 37-92-602(5) FOR HISTORIC USE AS INDICATED BELOW AND DESCRIBED IN CRS 37-92-602(1)(b}. 2) A WELL PRODUCING 15 GALLONS PER HINUTE AND USED FOR ORDINARY HOUSEHOLD PURPOSES INSIDE TWO SINGLE FAMILY DWELLINGS FIRE PROTECTION, THE WATERING OF DOMESTIC ANIMALS AND POULTRY, AND THE IRRIGATION OF NOT MORE THAN OHE-HALF ACRE OF HOME GARDENS AND LAWNS. ---..z77.,?-/7- v - 2c - a _ aC+ -w 2,-i7 �'�%Q,� pg 2-4 1191 - . ; �to Engineer By Daze Court Case No. DivCo.WD� Basin MD Use J 39 h N Ql N v # n P b x 46 W V Co V '.y h a N H V o, _1 ti A ti I ti 4 r u a 4 J ti a b 4 cei ti w H O V 4 IV N 4 a b 8 N RANGE 92 WESTdK. £"PM .4 V W w C. v 4 a 0