HomeMy WebLinkAbout4.0 Correspondence• •
JOHN W. SAVAGE, P.C.
Attorney at Law
June 4, 2001
Ms. Kit Lyon
Garfield Cty. Planning Dept.
144-1/2 E. 3rd St., Suite 208
Rifle, CO 81650
Re: Hunt Exemption Application
Dear Kit:
201 Railroad Ave.
P.O. Box 1926
Rifle, CO 81650-1926
970-625-1470; fax: 625-0803
email: SavageJW@rof.net
Thank you for your letter of May 29, 2001, however my clients disagree with your
conclusion and ask that this matter be put on the County Commissioners' Agenda for hearing.
It is the Hunts position that the Hunt parcel has been separately described and
conveyed since 1946 and did not merge with the NE1/4SW1/4 of Sec. 34 also owned by
Spaulding's because it was physically separated by County Road 260.
Please advise as to the hearing date so that we can provide the required public notice.
The Hunts own all mineral rights and they are unleased, so no additional time is required for
notice to mineral owners.
Sincerely,
Sava
xc: Norm Hunt
021
Qad NumlleL�.�--
1g
No. 8-S
R4-61
(1-65)
• •
Recorded at 10:15 A.M.
Reception No. 239319
Book 389
Oct.26,1967 Page 299
Chas.S.Keegan,Recorder.
Contract No. 14-06-400-4004
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
SILT PUMP CARAT.,
SILT PTi OJECT
CONTRACT COMPENSATING LANDOWNER FOR GOVERNMENT
USE OF RESERVED RIGHT-OF-WAY
THIS CONTRACT, made this 20th day of may , 1965 ,
in pursuance of the Act of June 17, 1902 (32 Stat. 3g8) and acts amendatory
thereof or supplementary thereto and the Act of September 2, 1964 (78 Stat.
808) referred to as Public Law 88-561, between the UNITED STATES OF AMERICA,
herein styled the United States, represented by the Officer executing this
contract, his duly appointed successor, or his duly authorized representative,
and
Albert W. Turner and Lula B. Turner, his wife
herein styled Landowner, his heirs, successors and assigns.
Wi'J]NESSETH :
WHEREAS, under and pursuant to the Act of August 30, 1890 (26 Stat. •
391) the land hereinafter described is subject to a reservation to the United
States of a right-of-way for ditches and canals constructed by authority of
the United States, and Public Law 68-561 provides that notwithstanding such
reserved right-of-way, just compensation shall be paid for the use of such
land.
NOW, THEREFORE, in consideration of the mutual and dependent coven-
ants and conditions herein contained, the parties hereto agree as follows:
1. The reserved right-of-way which the United States is exercising
across land belonging to the Landowner situated in the County of Garfield
State of Colorado , is described as follows, to wit:
(See attached continuation Sheet of Article 1 for land description.)
2
Book 389
Page 500
2. The United States agrees to pay the Landowner, the sum of
Nine Hundred Seventy and tdo/1O0
DOL
( 970.0) ), by Treasury Warrant or Disbursing Officer's check, LA
hck,rJnPsS
full payment and complete compensation required under Public Law 88-561
for utilizing aaid reserved right-of-way, including any severance damages.
Payment shall be made upon approval by the United States of the title of
the Landowner.
3. The Landowner covenants and warrants that he is the owner
of the property subject to the reserved right-of-way described in Article
1 above, and upon request by the proper officials of the United States
will procure and have recorded, where proper for record, all deeds or other
assurances of title and affidavits and. other evidences of title which, in
the opinion of the proper officers of the United States, are necessary to
show good title unencumbered in the Landowner. to such property.
4. The Landowner hereby ratifies and confirms the right-of-way
described in Article 1, as reserved to the United States under the Act of
August 30, 1890 (26 Stat. 391) and hereby quitclaims to the United States
all right, title and interest in and to the easement and all improvements
and appurtenances thereto described in Article 1. Unless it is otherwise
provided herein, the Landowner, on behalf of himself, his heirs and assigns,
releases, acquits, and discharges the United States and its assigns from
any and all liability, for damage or compensation arising from the entry
upon said parcel of land and from the construction, operation, and main-
tenance of the works thereon.
5. The United States will procure, at its own expense, any
abstracts, title insurance, or statements of title necessary to show
good title in the Landowner.
6. Liens or encumbrances against the right-of-way may, at
the option of the United States, be discharged at the time of payment,
or a sufficient amount for this purpose may be retained from the pur-
chase price and the same discharged with the money so retained, but
this provision shall not.be construed to give precedence to any lien or
encumbran over this agreement, nor as an assumption of the same by the
United States.
7. The Landowner warrants that he has not employed any
person to solicit or secure this contract upon any agreement for a
commission, percentage, brokerage, or contingent fee. Breach of this
warranty ;hall give the United States the right to annul the contract
or in its discretion, to deduct from the contract price or consideration
the amount of such commission, percentage, brokerage, or contingent fees.
This warranty .shall not apply to commissions payable by Landowner upon
contracts or sales secured or made through bona fide established
commercial or selling agencies maintained by the Landowner for the
purpose of securing business.
c)
Continuation Sheet of Article 1
Parcel No. SPC -17(F)
A perpetual right-of-way and easement to construct, reconstruct, operate
and maintain the Silt Pump Canal and works appurtenant thereto on, over
and across the following described land:
A strip of land in the SWjSW4 of Section 35, Township 5 South Range 92
West, Sixth Principle Meridian, EXCEPT the East 0.3 of the SE SW4SW? and EXCEPT
the East 100 feet of the South 280 feet of the West 0.7 of the SE�W4SW4
of said Section, being 80.0 feet wide, 30.0 feet right of and 50.0 feet left
of those portions of the hereinafter described Silt Pump Canal centerline
from a point known as Station 238+55.0 to a point known as Station 246+50
and from a point known as Station 247+50 to a point known as Station
253+38; being 150.0 feet wide, 50.0 feet right of and 100.0 feet left of
lµ that portion of said centerline from a point known as Station 246+50 to
`G a point known as Station 247+50, measured at right angles or radially
thereto. Said centerline is more particularly described as follows:
Book 389
Page 301
Beginning at the above-mentioned centerline Station 238+55.0 located on the
East line of said SWSW- of Section 35, 784.65 feet North and 2893.23 feet
East of the Northwest corner of Section 5, T. 6 S. R. 92 W. 6th P. M.,
thence along a regular curve to the right with a radius of 100.0 feet for
an arc distance of 44.46 feet; thence N. 40°50' W. 44.99 feet; thence along
a regular curve to the left with a radius of 80.0 feet for an arc distance
of 123.98 feet; thence S. 50°23' W. 101.51 feet; thence along a regular
curve to the right with a radius of 140.0 feet for an arc distance of
119.70 feet; thence N. 80°38' W. 358.74 feet; thence N. 69°18' W. 213.17
feet; thence along a regular curve to the left with a radius of 100.0 feet
for an arc distance of 99.73 feet; thence S. 53°34' W. 166.39 feet; thence
along a regular curve to the right with a radius of 500.0 feet for an arc
distance of 113.82 feet; thence S. 66°36' W. 80.51 feet to said centerline
Station 253+38.0, 692.41 feet North and 1572.23 feet East of said Northwest cor.
of Section 5, containing 2.8 acres, more or less.
• •
3
Book 589
502
£3. No Member. of or Delegate to Congress, or Resident Commis-
sioner shall be admitted to any share or part of this contract or to
any benefit that may arise therefrom, but this provision shall not be
construed to extend to this contract if made with a corporation for
its general benefit.
IN WITNESS WHEREOF, the parties have hereto signed their names
the day and year first above written.
THE UNITED STATS OF AMERICA
-44.„
BY
«egional Direct , Region ,
Bureau of Reclamation
Landowner
01.
Landowner
STATE OF
ss.
COUNTY OF c.
a
On this
personally appeared before me
Book 3£39
Page 303
day of / �[�,e' /yy , 19 `
to me known to be the individual, or individuals, described in and who
ere� tted the within and foregoing instrument, and ackn .wledged.that
- _`i signed the same as //(y c. free and voluntary act and deed,
for the uses and purposes therein mentioned. -
IN VlITN ?SS \ H1 R1;OF, 1 have hereunto set my hand and affixed
my official seal the day and year first above written.
otary �% c n and for the State of
ec
Residing at,\ ¢•_t4.1/ ;/ 1 /, .L,_
My Commission Expires:
unmrlSSiuu exi, r� AU" j, 1967
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No. 1
Doc.#12023
No. 2
United States of America
To •
Hattie E. Stevenson
RECEIVER1S RECEIPT
Datedecember 20, 1890
Acknowledges receipt of $200. in full for W2SW** Section 35 and
E2SE4 Section 34 Tp. 5 S.,R. 92 W., containing 160 acres.
Filed for record December 20, 1890 at 2:50 otclock P.M. and
recorded in Book 10 at page 433 thereof.
United States of America PATENT
0
0
Doc.#14091 0 To Dated December 26, 1891
° Signed by the President and
°Hattie E. Stevenson General Land Office Seal affixed
Z For WI -SW -1 Sec. 35 and E2SE1 Section 34 Tp. 5 S.,R. 92 W., 160 acres
• By Act 24 April, 1820. Subject to any vested and accrued water
Frights for mining; agricultural, manufacturing or other purposes, aid
()rights to ditches and reservoirs used in connection with such water
!rights, as may be recognized and acknowledged by the local customs,
laws and decisions of courts, and also subject to the rights of the
proprietor of a vein or lode to extract and remove his ore therefro
should the same be found to penetrate or intersect the premises
;f. hereby granted, as provided by law.
O Filed for record June 6, 1892 at 11:25 oiclock A.M. and recorde
O in Book 12 at page 164 thereof.
No. 3
Cert.#126
No. 4
Cert . #227
F
0
F
W
Treasurer of Garfield
County, Colorado
0
0
To
0
4 J.W. and E.W.Davis
w Conveys: WSW Sec. 35, E2SE4 Seca 34 Tp. 5 S.,R. 92 W., 6th P
IT for taxes for the year 1892 and taxed in the name of...
REDEEMED by Hattie E. Stevenson on October 1, 1894 for $29.01.
Filed for record in Tax Sale Record No. 1 at page 136 thereof.
11
TAX SALE CERTIFICATE
Dated October 9, 1893
Amount $19.34
Treasurer of Garfield TAX SALE CERTIFICATE
County, Colorado
To
Garfield County
Dated November 11, 1895
Amount $16.12
Conveys: W2SW* Sec. 35; ESE1 Section 34 Tp. 5 S.,R. 92 W.,
containing 160 acres for taxes for the year 1894.
Ce'rti'ficate ASSIGNED to 1.W,Lockwood,- Trustee, April 11, 1896.
REDEEMED by Mary E. King on April 29, 1896 for 35Q the E. 3/10
of SE4SW4SW4 Sec. 35, Tp. 5 S.,R. 92 W.-3 acres. (continued)
No . 8
Doco#37713
No. 9
• •
Hattie E. Stevenson
To
Thomas E. Curtin
WARRANTY DEED
Dated July 27, 1909
Acknowledged July 27, 1909 befor
Francis J. Krauss, Notary Public
City and County of Denver,Colora
Consideration $4,710.
Conveys: ESE Seca 34; W2SW* Section 35 Tp. 5 S.,R. 92 W.,
except 3 acres heretofore sold by 1st party to one King as the same
appears from the Deed thereof, reference to which is hereby made.
Filed for record September 3, 1909 at 1:00 oiclock P.M. and
recorded in Book 79 at page 138 thereof.
0
0
Thomas E. Curtin WARRANTY DEED
0
Doco#37714 U To
0
_The Antlers Orchard
Development Company,
oa Colorado Corporation
0
0
Conveys: Same as Doc,#377130
0
Filed for record September 3, 1909 at 1:05 oIclock P.M. and
'recorded in Book 79 at page 139 thereof.
O
O
Dated September 2, 1909
Acknowledged September 2, 1909
before Bertha M. Clark, Notary
Public, El Paso County, Colorado
Consideration $1.00
ABSTRACT
No. `36
Doc.#58877
• •
Deering Harvester
Company, a co-partner-
ship, composed of
Charles Deering, James
Deering and Richard F.
Howe. By C.S.Funk, their
Attorney in Fact.
To
Herbert M. Johnston.
WARRANTY DEED
Dated Septemb-Jr 28, 1917.
Acknobwled-ed Septembern2,
1917,b b`e oxo Priest R.
Winn, Notary Public, Cook
County, Illinois
Considerati n $1.00
Conveys: The S SEe and EON:, except the NE4
SE4SE4 of Section 34, Tp. 5, S.R. 92 W. 6th P.M.
The W'SW4, except the East 3 acres of the SE4SWeSW44
Section 35, Tp. 5, S.R. 92 W., the same containing
187 acres, more or less, and being a part of the same
land conveyed to the Grantor herein by H.C. Jessup,
Special Master,by Deed dated October 19, 1915, recorded
in Book 94 at Page 434 of the Records of Garfield County,
Colorado.
Filed for record October 5, 1917 at 11:20 o'clock
A.M., and recorded in Book 108 at Page 12 thereof.
No. 37)
Cert.#159
J
Treasurer of Garfield TAX SALE CERTIFICATE
County, Colorado
To
Miami Corporation
Dated November 10, 1924.
Amount °105.46
Conveys: NW1SWI; SWeSW4, less East 3 acres Section
35, Tp. 5, S.R. 92 W., , for taxes for the year 1923.
REDEEMED BY: Miami Corporation on December 15, 1924,
for fees only.
REDEEMED to clear title.
Filed for record in Tax Sale Record No. 6 at Page
68 thereof.
No. 138
Doc.; 59256
• •
Miami Corporation
By:
W.J. Landerback, Vice
President
C.S. Funk, Secretary
CERTIFICArfE OF BUSINESS
AND AGENT
Dated November 7, 1917.
Acknowledged November 7,
1917, before Henry B.
Armstrong, Notary 'ublic,
Oook County, Illinois
Recites that said. Miami Corporation is a Corporation
organized under and by virtue of the State of Delaware
and they hereby certify that the principal place where
the business is so corporated is to be carried on in the
State of Colorado, in the City of Colorado Springs, and
that J.L. Bennett residing in the said City is duly auth-
orized, Agent, of said Corporation.
Filed for record November 12, 1917 at 3:45 o'clock
P.M. , and to remain on file.
No.139
Doc.#,59357
Charles Deering, James
Deering and. Richard F.
Howe, co-partners as
Deering Harvester Company,
by C.S. Funk, Attorney in
Fact
To
the Miami Corporation, a
Delaware Corporation
DEED_
Dated Novernber 5, 1917.
Acknowledged by C.S. Funk,
Attorney in Fact, before
Henry B. Armstrong, Notary
Public, Cook County,
Illinois, r ovember 5, 1917.
Consideration 91.00
Conveys: 2 379 shares of the capital stock of the
Antlers Orchard Irrigation Company, inter alia, and.
-
the NW4SW. and SW SW,� Section 35, 1.p. 5, S.H. 92 W. 6th P.M.
Filed for record November 17, 1917 at 1:30 o'clock P.M.,
and recorded in Book 103 at Page 170 thereof.
No.49
Doc.; 88393
Herbert M. Johnston DEED
To
Miami Corporation
Dated November 5, 1917.
Acknowledged December 10,
1917, before Charls M.
Jennings, Notary Public,
Garfield County, Colorado
Consideration 31.00
Conveys: SW*SL4i E -.-S11 j ; except the N' oof SEI of SE
Section 34, Tp. 5, S.R. ' 92 W. •
W4SW4, except East 3 acres of the Si,} of SW4 of SW+
Section 35, Tp. 5, S.H. 92 W., being187 acres, more or less
Filed for record August 16, 192at 10:14 o'clock A.M.,
and recorded in Book 143 at Page 286 thereof.
•
No. A4
Doc.# 106258
•
Miami Corporation, a
Delaware Corporation
BY:
H.B. Erringer, Jr., Pres.
and William R. Pick, Secy.
To
Phillip Becker
Conveys: 77 acres, more or less, embraced in Tracts
numbered 39, 40, 41, 42, 55, 56, 57 and the West 7/10 of Tract
No. 58, all in Section 35, Tp. 5, S.R. 92 W. 6th P.M., as
shown on Plat No. 1 of the Antlers Orchard Development
Company.
Said lands subject to the existing roads, lanes, ditches
and rights-of-way in, through and across same as now exist-
ing or as heretofore platted and are conveyed hereby with
that understanding.
Except as to the general taxes, levied' and assessed
for the year 1929, payable in 1930 which said Phillip
Becker, party of the second part assumes and agrees to
pay.
Filed for record January 18, 1930 at 8:02 o'clock
A.M. , and recorded in Book 167 at Page 297 thereof.
•
WARRANTY DEAD
Dated November 20, 1929
Acknowledged November 26,
1929, by such officers
before Hiram B. Curtia,
Notary Public, Cook County
Illinois.
Consideration ;100.00
No. 42)
Doc.if106259
Phillip Becker
To
Public Trustee, Garfield
County, Colorado
DEED OF TRUST
Dated November 20, 1929
Acknowledged January 17,
1930, before John I.
Buckles, Notary Public,
Garfield County, Colorado
Consideration d$3500.00
Conveys: 77 acres, more or less, embraced in Tracts
numbered 39, 40,41,42,55,56, 7 and the West 7/10 of Tract
No. 58, all in Section 35, £p. 5, S.R. 92 W. 6th P.M., as
shown by Plat No. 1 of the Antlers Orchard Development
Company.
Said lands are subject to existing roads, lanes, ditches
and rights-of-way through and across the same as now exist-
ing or as heretofore platted and are conveyed hereby with
that understanding.
In trust to secure Grantor's five notes, payable to
the order of Miami Corporation, Chicago, Illinois, for the
principal sum of $3500.00, with interest thereon at 6% per
annum, interest payable annually.
Filed for record January 18, 1930 at 8:04 o'clock A.M.,
and recorded in Book 169 at Page 19 thereof.
No. 533
Doc .ill34765
No. 643
Doc .;x-134766
• •
. h. Durant, Public Trustee RELEASE DEED OF TRUST
To Dated February 14, 1939.'
Acknowledged February 14, 1939
Phillip Becker / before Glenn B. Helm, Notary
Public, Garfield County,
Colorado. �
Recites that the note secured by Deed of Trust, Dated January
18, 1930, and recorded in Book 169 at Page 19," has been fully
paid and satisfied; together with all charges and interest thereon.
Therefore, at the request for release signed by Miami Corporation
by H. B. Erminger, Jr., Pres., and William R. Pick, Jecy. , with
corporate seal affixed, the legal holder of .:aid indebtedness
secured by said Deed of Trust, the Public Trustee of Garfield Co.,
Colorado hereby releases and quit claims unto Phillip Becker, and
his heirs and assigns all the right, title and interest which he
has in and to all that property conveyed in Trust in and by
Document No. 106259 as recorded in Book and Page aforesaid.
Filed for record February 14, 1939 at 2:05 o'clock P. 1v1., and
recorded in Book 194 at Page 126 thereof
Miami Corporation, By
H. B. Erminger,.Jr., Pres.
William R. Pick, Secy.
Corporate Seal Affixed
WARRANTY DEED
Dated September 6, 1938."
Acknowledged September 6,
1938, before Clymenia Martin,
To Notary Public, Cook County,
111.
Consideration. 4740.00J
41.00 Rev. Stamp "
Conveys: Tracts hos. 33, 34, 47 and. 48, in Section 34, '1'p.
5, S. R. 92 W. 6th P. MV1., Garfield County, Colorado, as shown
by Plat No. 1 of Antlers Orchard Development Company which Plat
is filed for record with the Ctunty Clerk and Recorder of said
Garfield County, Colorado.,
The said land may be otherwise described as NE 6E;. of Section
34, Tp. 5, S. It. 92 W. 6th P. M., containing 40 acres, n ora or
less.
The said land is conveyed subject to all plattul existing and/
or deeded rights-of-way for roads, lanes, ditches, ditch ways
and flumes, in, thru and/or across the same. This conveyance of
the above described premises is subject further to the lien of
the mortgage (s) executed by the said Phillip Becker to the Federa
Land Bank of Wichita, and /or the Land Bank Commissioner, recorded.
November 7, 1938 in Book 183 page 512 and in Book 183 page 513
records of Garfield County, Colorado.
Provided that party of the first part assumes no liability
with respect to payment of taxes for the year 1928 and subsequent
years, said taxes being assumed by said party of the second part.
Filed for record February 14, 1939 at 2:07 o'clock P. k., and
recorded in Book 108 at Page 345 thereof.
Phillip Becker
No, 62
Doc.#156917
• •
Levi H. Brown and WARRANTY DEED -JOINT TENANTS
Anna A. Brown
To
John E. Cochran and
Ella M. Coonan
Dated March 18, 1946
Acknowledged March 18, 1946 befo e
Abijah A. Alley, Notary Public,
Garfield County, Colorado
Consideration $1.00
Conveys: Unto the said parties of the second part, not in tena cy
in common but in joint tenancy, the survivor of them, their assigns
and the heirs and assigns of such survivor forever, all the following
described property, to -wit:
All that certain tract or parcel of land known and described as
follows: Beginning at theSoutheast corner of the West 7/10 of Trac
58 Sec, 35, Tp. 5 S0,R. 92 W., 6th P.M. as shown by Plat No. 1 of
Antlers Orchard Development Company running thence North 280 feet,
Ethence West 100 feet; thence South 280 feet; thence East 100 feet t
xthe place of beginning. The above lands are conveyed subject to al
. platted, existing and/or deeded rights of way for roads, lands, ditches
"ditch ways and flumes, in, through, and/or across same.
• Filed for record April 11, 1946 at 9:10 oIclock A.M. and record:d
i in Book 219 at page 214 thereof.
O
O
No. 63 Z Levi H. Brown and WARRANTY DEED -JOINT TENANTS
;• Anna A. Brown
Doc.#157266
• To
s• Albert W. Turner and
Lula B. Turner
0
F-
N
in
1-
z
O
0
W
0
Dated March 18, 1946
Acknowledged March 18, 1946 befo e
Abijah A. Alley, Notary Public,
Garfield County, Colorado
Consideration $10.00
Revenue $18.75
Conveys: Unto the said parties of the second part, not in tenancy
common but in joint tenancy, the survivor of them, their assigns and
the heirs and assigns of such survivor forever all the following
described property, to -wit:
The SWISW* Sec. 26, the SE*SE4 Sec. 27; ENE- Sec. 34 all in Tp
5 S0,R. 92 W0, 6th P.M. Also conveys Tracts 33, 34, 47 and 48 Sec. ��5!
34 Tp. 5 S.,R. 92 Wo, 6th P.M. as shown by Plat No. 1 of Antlers
Orchard Development Company, and also conveys Tracts 39, 40, 41, 42
55, 56, 57 and West 7/10 of Tract 58 excepting therefrom a certain
tract of land described as:
Beginning at the Southeast corner of the West 7/10 of said trac
58; running thence North 280 feet; thence West 100 feet; thence Sou h
280 feet; thence East 100 feet to the point of beginning. All in
Sec. 35 Tp. 5 S., R. 92 W., 6th P.M. according to Plat No. 1 of the
Antlers Orchard Development Co.) The above lands are conveyed subje t
to all platted, existing and/or deeded rights of way for roads, lan s,
ditches, ditch ways and flumes, in, through, and/or across the same
Filed for record May 14, 1946 at 8:02 oIclock A.M. and recorded
in Book 219 at page 243 thereof.
z. 27
• •
14
ASGARD SUB—DIN.
6
270
40.00 Ac.
E
�98� \296)
Irrigation
233
Adjoining 2] 79
L.y
<a X
V
A
v
285
149.24 AC.
27
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0
22—HM—F)
2—ACS—F)
/13
B.L.M.
ASCARD SU
26
SEE DWG.
2127-26
36.36 Ac.
38.
286
260
39.043 Ac.
(261)
36.073 A
H.L.M.
270)
298
•
40.00 Ac.
,259 1 A
0
27+
2331
3
I•
0
1s
7ErII.L NPTION
29 30
38+ 37+ 38
3 0
159
24 23
10
160
25
161
28
<287)
8 5
305 304
1] 12
303
22 21
0
27 28
284
Irrigation
283
60.00 Ac.
LOT 1
14.43 Ac.
431 441 45
118
481
14.42 Ac
• 3
14.43 Ac.
LOT 3
LOT 4
RYDEN BINNED =Pi
233
06
62
83
64
57
58
LOT 1
IDT 2
R 93 W
R 92 W
I
N �
4
..... fait 1 //f/73
Iii
3 8
070
SEE DWG.
2127-35
35
County Road No.
Adjoining 217
APPROVED
COUNTY ASSESSOR
/i 1b.y Petrie{( 5-71( t /q-7?
IC(vy./�To l'/4 s12/)zo
ou3x
4,. Y
90003
3X
�Oa3%
Book 367
Page 272
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—ta t _.._...,.., .._ ....• L ----i A11031"j
10213X;Otl3i1
Recorded at..3 4'.2..... -... o'clock .....4.., M., ......June ...3.Q., 1965
Reception No..230.5.35 0114.5.e..S...Ke.eosinr Recorder
THIS DEED, Made this 30th day of June , 19 65
between
ALBERT W. TURNER and LULA B. TURNER
0535
of the County of Garfield and State of
Colorado, of the first part, and
LARRY E. SPAULDING and NAOMA R. SPAULDING
of the County of Garfield and State
of Colorado, of the second part:
WITNESSETH, that the said party of the drat part, for and in consideration of tna 1.11M
----Ten Dollars ,and other valuable consideration D ORRMIS
andother
u ble considerations to the said party of the first part in hand paid by the said parties of the
good and a
seconddpart, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed,
and by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their
heirs and assigns forever, not in tenancy in common but in joint tenancy, all the followingGarfield described lotandSt a or
r
shown by Plat No. 1 of Antlers Orchard Development Company, and also conveys Tracts
Tracts 33,
County of
33, and 34,4 , 479 in the7and 48, Sec. 34, Tp. 5 S. , R. 92 W. > 6th P.M. , as �/� �
parcel of land, situate, lying
of Colorado, to -wit: . / Irllc�
39, 40, 41, 42, 55, 56, 57 and West 7/10 of Tract 58 excepting therefrom a certain V
tract of land described as: Beginning at the Southeast corner of the West 7/10 of
said tract 58; running thence North 280 feet; thence West 100 feet; thence South
280 feet; thence East 100 feet to the point of beginning. All in Sec. 35, Tp. 5
S., R. 92 W., 6th P.M., according to Plat No. 1 of the Antlers Orchard;Development
Co. Also conveys all right, title and interest in and to water allotment of Silt
Water Conservancy District.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his
heirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the
second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized
of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in
fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner
and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens,
taxes, assessments and incumbrances of whatever kind or nature soever, except easements and rights
of way of both a public and private nature; reservations and exceptions contained
in United States Patents to the above described property; and general taxes for
the year 1965, due and payable in 1966, which grantees herein assume and agree
to pay.
Ad00
Y
0030
1
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the
survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons
lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT
AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF the said party of the first part has hereunto set his hand and seal the day and year
first above written.
Signed, Sealed and Delivered in the Presence of
be? me y
[SEAL]
"I�'IberE Gl. � i{irne_
[SEAL]
[SEAL]
Laa B.'fuiner
,... STATE OF COLORADO, - l ss.
h,u,,, ' County of Garfield
Juna ,19 65,
''The fdlgohl;ingtrument was acknowledged before me this 30th day o .
'4:14' '' i'�1t,s,4.,S4j Tumor and Lula D. Turnor
':/,. . bly l 1-e ii January11,1967 19 . Witness my hand and official seal.
`C 1 /1 f?s/on expires �/ )11.,; -4 --Ni. .—��- :' i L= L: `-.:.�–.v 17�1r��?'u Norvir Pnblfc.
�C�\C.:'o; Filed for record June 30, 1965 at 3:47 o'clock P.
' ^°;' in Book 367 ea_e
I No. WARRANTY DEED.—To Joint T 4 Drodt d Robiown Printing nc Ca vr1524-46 Stout Street, Denver. Colorado
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