Loading...
HomeMy WebLinkAbout1.0 ApplicationBEFORE TI-I11,ARD OF COUNTY COM MISS TeERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned Irene Green respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 42.06 acre tract of land into 3 tracts of approximately _ 21,19.& 2 acres each, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: To create two lots for dwelling units for my son and grandson, and for my d nghtPr, the 1 nt with the trail Pr in plane SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information: A. Sketch map at a minimum scale of 1 "=200' showing the legal description of the property, dimension and area of all lots or separate interests to becreated, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; B. Vicinity map at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community of municipal water or sewer system is proposed, a leiter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted with the application. ./?, 1 )1 rivut Jetlit,e-e/v-\ Petitioner 4:;; CB 100 Mailing Address CarhondlaI , Colorado City State (303) 963-97A1 Telephone Number • • EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; and E. A11 state and local environmental health and safety requirements have been met or are in the process of being met; and F. Provision has been made for any required road or storm drainage improvements; and G. Fire protection has been approved by the appropriate fire district; and H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. (The School Impact Fee is $200.00 for each new lot created). PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Department of DevelopmentlPlanning 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 (3)) 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. Recor L o'clock r M., 1 MAY 2 ti If3L plum 'Ito fat WARRANTY DEED THIS DEED, Made this 26TrH day of MAY , 1992 , between t JANE VIVIAN NEMHAUSERi,> of the said County of GARFIrELD and State of COLORADO , grantor, and MARTIN I. SCHLEIN whose legal address is 4474 COUNTY ROAD 100, CARBONDALE, CO 81623 of the said County of GARFIELD and State of COLORADO , grantee: WITNESSETII, That the grantor for and in consideration of the sum of good and valuable consideration and ten DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: SEE EXHIBIT "A" NacE4C;i9 GARFIELo MAY 2 6 1992 , .13t�ta Doo: Fee tD 1 I ------ hoc as known by street and number as: 4474 COUNTY ROAD 100 CARBONDALE, CO 81623 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what- soever of the grantor, 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 grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has 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 sarne in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 1992, not yet due or payable. The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. 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 rantor has executed this deed on the date set forth above. rv�n • th. /1-( ,t (ANE VIVIAN NEMHAUSER State of COLORADO ) ss. County of GARFIELD The foregoing instrument was acknowledged before me this 26TH day of MAY ,19 92 , by JANE VIVIAN NEMHAUSER ;Tn}myott� pires 051795 . Witness my hand and official seal. CAT c1J k 1-1-t) 9tv2-1 i CINDY �R Notary P lie HUGHES 4W. •��f� 53���aS„ \t ` �. I. Stewor No. 932 File No. 92019960 or Photographic Rocord) 00 10 • ORDER NO: 92019960 ZOKMUEEXX EXHIBIT "A" PROPERTY DESCRIPTION • BOOK 823 PCEi6 6 A tract of land situate in the SE1/4NW1/4 of Section 30, Township 7 South, Range 87 West of the 6th Principal Meridian more particularly described as rollows: Beginning at a point on the South line of the NW1/4 Section 30, Township 7 South, Flange 87 West of the 6th P.M. being the centerline of the Count; Road whence the center of Section 30 bears N. 89 degrees 56' E. 290.00 feet; thence S. 89 degrees 56' W. 280.00 feet; thence N. 00 degrees 04' W. 230.00 feet; thence N. 89 degrees 56' E. 420.00 feet; thence S. 00 degrees 04' E. 95.00 feet to a point on the centerline of the County Road; thence S. 45 degrees 58'30" W. 194.49 feet along the centerline of the County road to the Point of Beginning. Together with those rights previously inuring to the benefit of Grantors as described in that certain Contract for Sale of Water, dated June 29, 1979, and recorded July 6, 1979, in Book 530 at Page 958. COUNTY OF GARFIELD STATE OF COLORADO kct,UkUtt A I / v U' CLOCK' / •. M. ,Juin 'REC 1 43537 fILDRED ALSDORF, COUNTY CL BOOK 833 I CE1b? ASSIGNMENT OF CONTRACT FOR SALE OF WATER In codtideration of ten dollars ($10.00) and other good and valuable consideration in hand paid, Jane Vivian Nemhauser hereby transfers and assign to Martin I. Schlein all her rights, title and interest to t40'' Contract for sale of water dated June 29,1979 and recorded July 6, 1979, in Book 530 at Page 958 of the Books and Records of the Garfield County, Colorado Clerk and Recorders Office. A copy of said Contract for Sale of Water is attached hereto as Exhibit 'A'. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. t/A144„.._,4,6 Jane Vivian Nemhauser Subscribed and sworn to before me this £J day of June, 1992, by Jane Vivian Nemhauser. Witness my hand and official seal. My commission expires:/A,V7,'/(' /%7 �,r Notary Public / CONTRACT FOR SALE OF WATEROWN .30L, 1 �htJ'J�y • BOOK 833 Nd*68 THIS AGREEMENT MADE TII1S TWENTY—NINTH DAY OF JUNE, 1979, BY AND BETWEEN THAD J. ENGLERT AND SHIRLEY L. ENGLERT, FIRST PARTIES HEREINAFTER OF GARFIELD COUNTY, COLORADO AND GLENN W. NEMIIAUSER AND VIVIAN G. NEMIIAUSER, SECOND PARTIES HEREINAFTER OF 14TKIN COUNTY, COLORADO, WITNESSETH: WHEREAS F'IR:;T PA;'TIES HAVE SOLD AND CONVEYED TO SECOND PARTIES A CERTAIN TRACT OF LAND SIUATE IN THE SE;NW; OF •SECTION 30, TOWNSHIP 7` SOUTH, RANG, 87 WEST OF THE 6th P.M. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF TIIE NA SECTION 30, 'I'OWN;HIP 7 SOUTH, RANGE 87 WEST OF TIIE 6th P.M. BEING THE CENTERLINE OF T';E CUUN':'Y ROAD WHENCE THE CENTER OF SECTION 30 BEARS N.09°56' E. 290.00'; THENCE S. 89°56' W. 280.00'; THENCE N. 0004' W. 230.00'; THENCE N. 89°56' E. 420.00'; THENCE S. 00°co4' E. 95.00'; TO A POINT ON TIIE , CENTERLINE OF THE COUNTY RO:.D: THENCE S. 45°58'30" W. 194.49'ALONG THE CENTERLINE OF THE COUNTY ROAD -TO THE POINT OF BEGINNING CONTAINING 2.000 ACRES, MORE OR LESS, TOGETHER WITH AND SUBJECT TO A NON—EXCLUSIVE EASEMENT FOR A ROAD AS CONSTRUCTED AND IN PLACE FOR INGRESS AND EGRESS TO ENGLERT PARCEL A LOCATED NORTHEASTERLY OF SUBJECT PROPERTY. WHEREAS SECOND PARTIES ARE DESIROUS OF USE OF THE WATER OWNED BY THE FIRST PARTIES AND FIRST PARTIES AGREE TO SUCH USE BY THE SECOND PARTIES, FOR DOMESTIC PURPOSES ONLY AND FOR ONE SINGLE FAMILY DWELLING. NOW THEREFORE, IN CONSIDERATION OF THE PREMISES, THE MUTUAL ADVANTAGES ACCRUING TO THE PARTIES HERETO, AND FOR ONE DOLLAR PER YEAR TO BE PAID BY TIIE SECOND PARTIES TO FIRST PARTIES, I'T IS HEREBY AGREED BY AND BETWEEN SAID PARTIES: FIRST: SECOND PARTIES SHALL BE ENTITLED TO A 3/4 INCH TAP TO THE COMMUNITY WATER SYSTEM TO SUPPLY WATER FOR IN—HOUSE, YARD AND GARDEN IRRIGATION AND STOCK WATERING. SECOND: FIRST PARTIES WILL SELL TO AND FURNISH WATER FOR SECOND PARTIES WITH SAID WATER TO COME FROM THE SPRING AS SET OUT IN A DECREE OF THE DIS'TRICT COURT IN AND FOR THE COUNTY OF GARFIELD, STATE OF COLORADO, AND RECORDED IN BOOK 201, PAGE 357, IN THE RECORDS OF SAID GARFIELD COUNTY, COIORADO. SAID WATER SHALL BE USED FOR DOMESTIC PURPOSES BY SECOND PARTIES. THIRD: IT IS AGREED BETWEEN THE PAR:'IES THAT FIRST PARTIES SHALL NOT BE LIABLE IN ANY WAY ;ANDER THIS AGREEMENT I' THROUGH NO FAULT OF THEIR OWN THE SUPPLY OF WATER FROM THE SPRING IS INSUFFICIENT TO FURNISH WATER FOR A PERIOD OR PERIODS OF TIME TC, SECOND ARTIES. FIRST PARTIES SHALL RETAIN THE RIGHT TO RESTRICT WATER USE BY THE SECOND PARTIES, I^. THE EVENT OF UNFORESEEN WATER SHORTAGE, TO IN—HOUSE USE ONLY. FOURTH: SECOND PARTIES SHALL PAY TO FIRST PARTIES, ON OR BEFORE JUNE 29, OF EACH YEAR, THE SUM OF ONE DOLLAR AS CONSIDERATION FOR THE SALE OF WATER FOR THE SUCCEEDING TWELVE (12) MONTHS. THIS AGREEMENT SHALL BECOME EFFECTIVE JUNE 29, 1979, AND SHALL INURE TO THE BENEFIT OF AND BE BINDING UPON THE HEIRS AND ASSIGNS OF THE PARTIES HERETO. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT TtIIS TWENTY—NINTH DAY OF JUNE, 1979. L4 THAD J. E.I LERT SHIRLEY 1. ENGLERT GLENN W. NEMIIAUSER VIVIAN G. NEM1iAUSER • r.- 5t bmi1-10-e Tie©u i- C� oloal-stiqo by Book 269 Page 40 Recorded at_ 4:40 _.o'clock P Reception No 182407 M. _...____..._A.Pr 17__.1.42_... Ch• Recorder. nn0 RECORDER'S STAMP THIS DEED, Made this 27th day of April in the year of our Lord one thousand nine hundred and f 1 f ty t ree between CLOYD J. GREEN, also known as CLOYD GREEN of the County of Garfield and State of Colorado, of the first part, and CLOYD J. GREEN and IRENE GREEN of the County of Garfield and State of Colorado, of the second part: WITNESSETH, that the said part y of the first part, for and in consideration of the sum of One Dollar and other good and valuable considerations x.k23668& to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s 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, not in tenancy 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 lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: Lot 2, SE+NW* and SWiNE4 of Section 30, Tp. 7 S., R. 87 W. of the 6th P. M. 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 part y 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, the survivor of them, their assigns, and the heirs and assigns of such survivor, for- ever. And the said part -t of the first part, for himself hi S heirs, executors, and administra- tors do, es covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these presents., he iswell seized of the premises above conveyed, as of good, sure, perfect, absolute and inde- feasibleestate of inheritance, in law, in fee simple, and ha S 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, 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 part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part y of the first part ha S hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of N-QJ1S1C.UWN.T1�RY...S TeIiPS...AtsQUIkE,D - - ,,.,e."" e •STATE OF COLORADO, `4'• /fp'•� County of Garfield f9H• ibul,f:1416kiiinstrument was acknowledged before me this 27th '&70. "�13: o i rhre CLOYD J. GREEN, day of April AU B 0!11 Lphw March 6 leS�l. Witn known hand and offal GREEN. ' o COI 1 ...••„.Notary Public. d,' [SEAL] 1/( [SEAL] [SEAL] [SEAL] No.921• WAaaANTT DEED —T. Sant T.nante.The Bradford -Robinson •rf by natural portion or persona here Insert name or names; if b son acting In r• ,asci Blanks. 1846 &eat St. Denver, Colo. attorney-tn-fact. then Insert name of pe l Person solus a ty or description or official city or x- poralb,n them Insert name of each offer oroof Deem. ea executor, re ids t or o other capacity such r ae.or tion.: It in . L— r f Aekamcledgment. Searles faar Dissident or Omer Of(k.rt of aUCh OOrporfn00, naming IL—Statutory N 0 N 0 z 0 O 0 LOT -259.4 T 4 S 7S0 'SS E N RLIN 7 019'�1„ 1 a 1 I 1 3 1 O 1 43 0 0 1 Z N_ I F _ O O `-° 1 I 1 ti 1 I O LOT 1 1 I 1 2.00 ACRES c_ 20' INGRESS, EGRESS, UTILITY EASEMENT / / / / / / / °3/ / / 1 ,.4)„..;^ / / z,,, J .2y 0 / a0 , / W N / , / / CO 5 ��� // I. W. / / / // / // N F N ,/ / / / 2 m / / / // // • w a / ' S%8°49'34" / / 0 / // 0 w0 .tp/ // 33.43' W / / UNKNOWN ?o ROAD 0 a 0 a`, •/ / / 100 b .,; / / f- ya \� / / / / W / // / / 1 / / 1 // / 1 I 1 1 i 1 1 1 1 30' INGRESS, EGRESS, UTILITY EASEMENT •33 tp./ N89°5537E 200.00 t0 a 87120.00 SQ. FT..tof N N 30 rY SURVEYOR S89° 55' 37" i J N OUi d.- O 'r ft9•/ N• - / '/L = N• • / /200.00' SZ9 / N 89° 56'E RECORD N890. SE 1./4 SEC NOT PART OF THIS SUBU LOUIS H. BU' 0040 WEST • • SL<-&klh1k,11 /r1/6U/re--41P71- L), LOT # LOT # LOT # LOT # LOT # LOT # LOT # LOT # LOT # • 2391 304 00 016 Marion L. and Ann M. Samuelson and Jerod Samuelson 4206 County Road 100 Carbondale, CO 81623 (Actual Address 4204 CR 100) 2391 303 00 006 Harold L. Blue 4003 County Road 100 Carbondale, CO 81623 2391 302 00 023 Margaret Ann Droysen 4472 County Road 100 Carbondale, CO 81623 2391 302 00 004 Martin I. Schlein 4474 County Road 100 Carbondale, CO 81623 2391 302 00 003 Shirley L. Englert c/o Chris M. Barton Mcdermott Singapore P.O. Box 61961 New Orleans, LA 70161 (Actual Address 4472 CR 100) 2391 302 00 024 Margaret Droysen 4472 County Road 100 Carbondale, CO 81623 (Actual Address 4480 CR 100) 2391 193 00 164 Robert C. and Edith T Ray P.O. Box 1147 Aspen, CO 81612 (Actual Address 5329 CR 100) 2391 203 00 166 A. Guy and Martha A. Crouch P.O. Box 149 Alvin, TX 77512 2391 293 00 137 John M. Stirling 0704 Skipper Drive Carbondale, CO 81623 LOT # 2391 302 00 025 George P. Tempest and Jennifer Phelps Tempest 4476 County Road 100 Carbondale, CO 81623 Book 351 Recorded at...2.:.5.5 o'clock..._.P..M., July 11, 3 Page 38 Reception No 222,1Q7 Chas ...►5......KQ�g3Ar... Recorder. THIS DEED, Made this 14th day of June in the year of our Lord one thousand nine hundred and sixty-three between CLOYD J. GREEN and IRENE GREEN of the County of Garfield of Colorado, of the first part, and KATRINA McCORMICK BARNES and State of the County of Pitkin and State of Colorado, of the second part: WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of Ten Dollars, and other good and valuable consideration to the said parties of the first part in hand paid by the said part of the second whereof is hereby confessed and acknowledged, haVe y part, the receipte g granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said part y of the second part, her heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: Lot 2 of Sec. 30, and all that part of the SE}NW; and that part of the SWt-,NE+ of said Sec. 30., lying westerly of a county road as constructed and in place all in Tp. 7 S., R. 87 W., of the 6th P. M., as shown on sheet No. 2 of the plats on file in the office of the Garfield County Clerk and Recorder as Doc- ument No. 221609 and described as follows: Beginning at the NE corner of said SE} NW} being the same as the NW corner of said SWINE -I; whence the north Q corner of said Sec. 30 bears N. 2°44' E. 1391.18 feet; thence S. 89°06' W. 1368.58 feet along the northerly line of said SE'-,NWt-, to the NW corner of said SE4NW}; thence S. 2°16' W. 1370.80 feet along the westerly line of said SE}NW} to the SW corner of said SE}NW}; thence N. 89°56' E. 462.51 feet to a point on the westerly line of said road; thence N. 3°27' E. 76.47 feet along the westerly line of said road; thence N. 17°20' E. 186.49 feet along the westerly line of said road; thence N. 20°32' E. 54.89 feet along the westerly line of said road; thence N. 33°32' E. 88.38 feet along the westerly line of said road; thence N. 53°26' E. 107. 15 feet along the westerly line of said road; thence N. 49°17' E. 53.04 feet along the westerly line of said road; thence N. 39°O1' E. 96.80 feet along the westerly line of said road; thence N. 36°55' E. 200. 51 feet along the westerly line of said road; thence N. 40°58' E. 181.82 feet along the westerly line of said road; • thence N. 46°09' E. 249.80 feet along the westerly line of said road; thence N. 40°13' E. 217.28 feet along the westerly line of said road; thence N.35°11' E. 110.57 feet along the westerly line of said road; thence N. 39°29' E. 142.03 feet along the westerly line of said road; to a point on the northerly line of said SWINE?; thence N. 89°01' W. 69.46 feet along the northerly line of said SW -}NE}-, to the NW corner of said SW,' -NE} -E the point of beginning. All of the above described land containing 70.36 acres, more or less. Reserving, however, to the grantors, not in tenancy in common but in joint tenancy, the survivor of them, their assigns, and the heirs and assigns of such survivor forever, all water from springs located on said lands and presently being used by the grantors for domestic water on lands situate easterly of said above described county road, together with an easement and right-of-way for the carriage of said spring water under and across the lands hereby conveyed, in the manner and in the place presently in use, consisting in part of a tunnel, a pipe -line and a surface gathering pond. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 463. WARRANTY DEED—For Photographic Roenrd.—Bradford-Robinson Printing Company, 1824.46 Stout Street, Denver, Colorado O z Book 351 Page 381 ..r TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, her heirs and assigns forever. And the said part ies of the first part, fur them selves, and their heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said party of the second art, her g P heirs and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the sane in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except the 1963 taxes, all of which the grantee herein assumes and agrees to pay and subject to oil and gas lease and assignment thereof, recorded as Doc. 209997 and Doc. 2091)98, respectively, of the Garfield County Records. and the above bargained premises in the quiet and peaceable possession of the said party of the second part, her heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ieSof the first part ha ve hereunto s,,t their hand s and seal S the day and year first above written. Signed. Sealed and Delivered in the Presence of STATE OF COLORADO 'yd/eTrt.LGti — [SEAL] o 3. Green [SEAL] 4.12.QeAkSEA L] County of Garfield �ss. -••-hene Gr The foregoing instrument was acknowledged before me this 11 'fl. day of 31 03' A.n.19.63 ,by CLOYD J. GREEN and IRENE GREEN lliy eomraisaion expires 'rf. , 19 6.51 . Witness my hand and official seal. ....i[ `ry;M1 "1-* Op Al?J <ao o v at KATRIIA M CQRMIG BARi\ES - M .3 ATo O m M y N t: E .40 .4L Notary rebut. Send future tax statements to: • • STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 February 15, 1994 Mr. Dave Michaelson, Planner Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Green Subdivision Exemption SW1/4, NE1/4, Section 20, T7S, R87W, 6th P.M. Water Division 5, Water District 38 Dear Dave: FEB 2 2 1994 :;AR iLLD COUNTY Roy Romer Governor Ken Salazar Executive Director Hal D. Simpson State Engineer Thank you for referral for a subdivision exemption located approximately 1.0 miles north of the Town of Carbondale for Irene Green. The applicant is requesting to split a 42.06 acre parcel into three parcels of 21.03, 19.03, and 2.0 acres. The proposed source of water will be an on-site well. The applicant has submitted a well permit, No. 173365, as evidence of a water supply. Under current policies and statutes, we may issue a household use only well permit for each of the three subject parcels, subject to the following conditions: 1. The 42.06 acre tract has not been previously subdivided or exempted since 1972. We consider this a one-time exemption and will not make additional permits available for future splits of the parcels. 2. Mrs. Irene Green must submit a request to our office to cancel her existing well permit, No. 173365, and request three household use only permits. 3. The new well permits will be limited to use inside one single family dwelling only. Outside use for lawn and garden irrigation or livestock will be 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. The well permit application must be accompanied by documentation that Garfield County approved the subdivision exemption. We cannot recommend approval of a permit without this documentation. • • Mr. Dave Michaelson Page 2 February 15, 1994 Should you have further questions or comments regarding the water supply for this project, please contact me at the above address. Sincerely, (C, -(- David J. Fox Sr. Professional Engineer DJF/df cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner green.sub blue sky WOODCRAFT 4 4 7 4 county rd 1 0 0 303/963-0463 Q�) laza � � ��4,0 �-0a3 � j,• ,., ,,�, _ 1�...s1. > s: Ute.. �' tat,<,,,�'Ati 1/46- , �� tk9r 41,4_ co), J4-4, },ivN47156, otiv; —,4_01 ioAl )(-6 rui .A„,Aucud z �l .4) r. ,�IT.J41\,�� ,.:zl+ r,) P -e -k4-4 . Cl9xk�� `� rn. =,1µw.. c a r b o n d a l e CO 8 1 6 2 3 T • FRP% 142,6 41111,E • n-- /397ss dee ts.., S. ( /4 )5 194o 40 »1 U G; 6.A..)1 cl o w i 9g aq . rna.L G - (3.c.c1. C!ccjd C5 . a (a 4-0 C loyd ? - 53 4o 1.3 D CI oL1d 3$'/3 _cloycl . �; G�-te..,) 2Z2/1=47 �ve.�L G.. -ten) '////9G 3 �I I y T 1p-7. ..w/I2d l 4/. -��71 2 .rte d' J6%a /Yw/It ..L#• -o.- 3 0 77 7.5. ?. '74), G /9•7, 8o • /4.c.,) L A!,5 n'9 M`'CoJ••• 41. dV -) LCA4 e S . % A163'h4 4e -e. 3o -T4s 8;-6) 80 cLC/t-(A- L1)4- 1/'i- A!� %k/ So . ' &uz.4._ Lo-+- 3 a 1/4. 11 9- 5cc) %/L. JI EY 4Q .3o, , , I, i 70. 343 'I ..K.? ... /JLIGr u.nr1 /lor✓G✓Gs /) 1 l 04 14;d Z404/ el) 4~ e ly .10..:,03 4.6 j Cid ., //t f. (.fMp-7Oma/ 24 ,4 evj 4 41,4. CialG.wr;— • • Gam. -1`.f i.✓ ,%M•/iv�.J . J Jam. IL •T W )" • J` �.is� J`�:.y wsem« �Il JY a+✓ i^� 4 v4 A, .bees -ay. rcc•.-o�.�,,;. 7.1‹. «c[r i .T Gf•-,C '/44,e✓o-,7-4 i-c.c.•..c/a-4 „ . 3S/ /./>,v 38a . CrYpii-; fty 0;) «Is . de.„... 530 I G4 -1-q Shi (W-1 En 1 L Lai. et co gra- 3q 4-0 V� (L. �.I e.rr,ha-a_ r moo) 95-3 ` C -j lei LL) . isSel-►N hay, -4- ZedPA- pp-i-ros-.4 -1154-a.11 vr►�w-{ t— 6 (O21 - 5o/ y �'S T /, h�d v- Shy (t2_Li Erle, c,- (+ 40 030- g'\ii tt a✓`ev - fr o t w'_- 530/ qqq .. hnct yrs-me -44-4. La.44 Con --k -t-ici 560 )4-1 c� 5-.15 " I had -av Pani "8 4-43-4 2 e- . toc I/ 3.%� „ -iQ-p --10 eoOWL( nrk1 L Z ler Sys-te►r 4r ;n -house. Lit-uut d. gat�Le� v►h- �- 4- Shy (LILL j aThc '_, :t tet- a,rW2 "P" 4414 C . 2 . 10 ho u)OJ ex‘cocila coop/ O/ 64 Co kSe„..+ ` �.�- �-r� -�-� (9 Cc �-z� ti.. � e�ti.1`a.�.c� �� AI2.Q2.a.J , 8 ao n/e/„,. C iSkL) 4- 'mac 3 . . , Erlye,t,L etnt.4,2„.154.) 5.E12.a.L, co-n-uea-k-de- 6-e.12A ./1.4L, `-IU=rns4-ai I vnk- t• LO -4L3 CoxA-arc% . . (0/5c3 .� )'ncd i fe 41.4-fo cfb i_ahztCao -1-tc e.,- &A -o - v- 8.41,1 a-c_t 2. o n (J ecer,o� Op p-�r& -(- L3. sem- Lorre �Ci(�t:-►ti_ U 6, 9, 9 • / 9 q l 7 Z 3/1oS ±' 377 7/ c • .p. 1- i..J • SC4-t a- L-vr k1.c... iaa4 x ex_rt•s Qar4-o,•- 1-4440. C2 /00 Wa eiaa.,--A- Co oerta..- eii(< --$rowN Lo 4- . +a ,Lo f— / ern T JA e„i .7:4( fes,o/4-- i(..J spy .o�,�.. ✓e.✓.v,•fa� P•1s. 01 T. 113 71. .�. "? j..3"t4- w;/4. - OA. 7`<- a.—)1 • ,- / •. •q3. '•9 4, .ra—#' ' i.✓ .s Cc, � r-- 4'147 � 4, p Cori 4, Aef/� %�tfpr�.�[ •..• •' /✓SOT/Js/ .�O, • '-.1.e.--1 41). J/ Ty .r•., • 7Y)0 -4 e t. -D ro 9Se SKr-U..4v1 40 "Y-ntro isev._ \cu . \I (.00 /`I ev - h.6ut.A- -- - C -k, L / „� s . Lt _--,LoesaeLgr at -fait -AA -Li prrn --Yorn e k. i's4 '' Spr s ice.. • a,cA.e/1.) SES ArrAcMaD o KiC 4 w l7N wATEk ►tltpTS ArfNliB 1i • 4XaTM 4420 pa LOYAL E. LEAVENWORTH SHERRY A. CALOIA HAYDN WINSTON SAMUEL J. LIGHT JEFFERSON V. HOUPT George and Jennifer Tempest 4476 County Road 100 Carbondale, CO 81623 Dear George and Jenny: LEAVENWORTH & CALOIA, P.C. ATTORNEYS AT LAW May 25, 1994 1011 GRAND AVENUE P.O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (303) 945-2261 FAX: (303) 945-7336 Enclosed please find copies of the chain of title and all deeds concerning land and water rights in the records of the County Clerk and Recorder. As you can see, the crucial deeds are: 1. Green to Englert - land and water as decreed to Green Pipeline Ditch, Green Wastewater Ditch, recorded at Book 201, Page 547, Reserving unto Green an easement for a pipeline for the sole purpose of supplying domestic water for one single family residence. 2. Englert to Nemhauser - one 3/4 inch tap 3. Englert to Barton - land, no water 4. Englert - Lot 2 to Lot 1, 5.0 g.p.m. 5. Englert to Smolker - all water rights We could find nothing in the records to change my opinion. Green conveyed the springs to Englert along with land, and Green retained the right to use the springs for one single family residence only when they conveyed land to Englert. This has been confirmed by use over the past several years. Such use patterns are vitally important when evaluating title. Since actual use is consistent with the language of the deeds, I believe that it would be very difficult for Irene to argue that there is another interpretation. We also could not find any record that Barton has a right to use the spring. Since he has been using the spring, it is my understanding that you are not interested in contesting his rights. He may wish to obtain a deed for use for one single family from all of the owners of the spring to confirm his use. On May 4, 1994, a deed from Irene Green to Richard and Betty Green was recorded. It conveys a one-third interest in and to the Green Pipeline water rights. The deed itself is deficient and does not adequately describe the water right that is being conveyed. The Green Pipeline Ditch is decreed for 0.15 c.f.s., one-third of the 0.15 c.f.s. is 0.0495 (0.029) as F:\FILESITEMPEST.2LT LEAVENWORTH & CALIA, P.C. George and Jennifer Tempest Page 2 May 25, 1994 mentioned in the deed is undefined (c.f.s. or g.p.m. or what), and is not one-third of 0.15 c.f.s. Additionally, no decree is mentioned. Also it is called Green Pipeline Springs in the deed and Green Pipeline Ditch in the decree. Do they mean of the new decree to be entered in Case No. 94CW32? The amount in that case is 0.12 c.f.s. and one-third is 0.039 (closer, but again not right). Additionally, the name of the water right in that application is the Green Springs Ditch & Pond. Thus, what the intention of the parties to the deed from Irene to Richard and Betty is unclear. I believe that Irene owns only the right to use the Green Pipeline Ditch for one single family house. It is difficult to convey a one-third interest in that ownership. It would be in your best interests to get clarification from Irene or Leon as to what the conveyance document (deed) was intended to accomplish. If they do believe they own all of the decree, you should take steps to protect your interests. Since the original decree cannot be expanded in use, you may consider sending a letter to the Division Engineer which clarifies existing uses. Such letter would be an attempt to limit or prevent any further expansion of the spring. It is my understanding you will file a Statement of Opposition to Leon Green's filing in 94CW32 on your own. Hopefully, you can clarify some of these issues in that case. It is also my understanding that you are continuing to try to work with all other owners to get their participation in the maintenance and repair of the spring box and distribution facility. You are well aware that the repair of that system is in your best interests and you should continue to pursue that endeavor. me. If you have any questions or need additional information, please do not hesitate to contact Very truly yours, LEAVENWORTH & CALOIA, P.C. SAC:lln Sherry aloia Enclosure F: \FILES\TEMPEST. 2LT • • GARFIELD COUNTY BUILDING AND PLANNING October 3, 1994 Mr. Leon Green 4186 E. Easter Littleton, CO 80122 RE: DOMESTIC WATER SUPPLY FOR RESIDENCE AT 4368 COUNTY ROAD 100, CARBONDALE, COLORADO Dear Mr. Green: It has come the attention of this office that you are extending a water line from the Green Pipeline to serve your future residence at the above referenced address. Based on documentation submitted to this office, the use of the Green Pipeline to serve your future residence is inconsistent with the subdivision exemption approval that created your parcel. The exemption application submitted on behalf of Irene Green clearly represented that three (3) domestic wells would be used to serve the exemption parcels created in February of 1994. I have attached the specific reference from the application regarding the intent of the applicant to obtain valid well permits to serve the exemption parcels. In addition, I have attached the approval from the State Engineer's Office regarding the use of individual wells. Condition #1 of the approval from the Board of County Commissioners reads as follows: "All representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval" In short, all discussions and subsequent approvals of the Green Exemption were based on the assumption that individual wells would be used to serve future residential structures. If the pipeline was proposed at the time of approval, Garfield County staff would have required legal and physical evidence that the pipeline could serve your proposed residence. At no time was the use of the pipeline presented to staff or the Board of County Commissioners. In addition, staff has reviewed documentation from other users of the pipeline that appear to suggest that significant issues are unresolved regarding CURRENT users, without even contemplating additional future users. If you intend on using the pipeline, the Board of County Commissioners would have to amend their (l<-cision in a public meeting, and evidence of both a legal and physical supply would have to presented. Due to the number of adjacent land owners (at least five) who have a deeded interest in the spring and associated infrastructure, staff would suggest that all these interests be notified regarding any meeting before the Board of County Commissioners. 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 • • Leon Green October 4, 1994 Page 2 Please notify this office as soon as possible regarding your intended water source for your dwelling unit. If an individual well is proposed for the lot, no action is required by the Board of County Commisioners. I appreciate your help in this manner, and hope it can be resolved as soon as possible. Dave Michaelson Garfield County Planner DHM/dhm XC: Sherry Colia, Esq. Don DeFord, County Attorney Garfield County Board of County Commissioners • • 13eou i re rreP►i F- .pkctse - roiletoir)r, pa fes We would like to take the existing well permit # 173635 on file at the Office of the State Engineer of the Colorado Division of Water Resources, (copy of which is attached) and turn it into three individual household use only well permits. We received a letter (copy of which is attached) explaining this option from Dwight Whitehead. The method of sewage disposal for all lots created will be septic systems. The Carbondale Fire Chief sent the letter of approval of fire protection plan directly to Dave Michaelson. • OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 Mr. Dave Michaelson, Planner Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 • STATE OF COLORADO February 15, 1994 RE: Green Subdivision Exemption SW1/4, NE1/4, Section 20, T7S, R87W, 6th P.M. Water Division 5, Water District 38 Dear Dave: FEB 2 2 1994 RFii_l..D COUNTY Roy Romer Governor Ken Salazar Executive Director Hal D. Simpson State Engineer Thank you for referral for a subdivision exemption located approximately 1.0 miles north of the Town of Carbondale for Irene Green. The applicant is requesting to split a 42.06 acre parcel into three parcels of 21.03, 19.03, and 2.0 acres. The proposed source of water will be an on-site well. The applicant has submitted a well permit, No. 173365, as evidence of a water supply. Under current policies and statutes, we may issue a household use only well permit for each of the three subject parcels, subject to the following conditions: 1. The 42.06 acre tract has not been previously subdivided or exempted since 1972. We consider this a one-time exemption and will not make additional permits available for future splits of the parcels. 2. Mrs. Irene Green must submit a request to our office to cancel her existing well permit, No. 173365, and request three household use only permits. 3. The new well permits will be limited to use inside one single family dwelling only. Outside use for lawn and garden irrigation or livestock will be prohibited. Plat nol:es 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 lis required. 5. The well permit application must be accompanied by documentation that Garfield County approved the subdivision exemption. We cannot recommend approval of a permit without this documentation. • • Mr. Dave Michaelson Page 2 February 15, 1994 Should you have further questions or comments regarding the water supply for this project, please contact me at the above address. Sincerely, (C---( David J. Fox Sr. Professional Engineer DJ F/df cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner green.sub • CC C cn El O C til C4 >•• v oa U U iZ % r -s1 j rti 2 Green Exemption r-7 SLhi FLowf* ei/ 1/ (z) Al arra 7 1 k c c',rr1 fl//7 Oly f ee,41/o/70/i /S ilaLIPJ4V TO WHOM IT MAY CONCERN: • I have elected to divide my property known as Parcel # 2391 301 00 001. NE 4, Section 30, Township 7, Range 87, A/R/RD in Carbondale Colorado amongst my family as follows: 21.03 acres to my son R. Leon Green and his wife Betty Green. 19.03 acres to my grandson Steven M. Ochko and his wife Kimberly Ochko. 2 acres to my daughter Georgia M. Ochko and her husband Steven J. Ochko. All of which has been plated by surveyor Lois H. Buettner, a copy of which is included in the exemption request. The first two lots would be created for dwelling units, the third lot already has a home on it. Signed, Irene Green Date • Carbondale & Rural Fire Protection District 300 Meadowood Dr. Carbondale, Colorado 81623 303-963-2491 December 20, 1993 Dave Michealson Garfield County Planning Dept. 109 8th St. #303 Glenwood Springs, CO 81601 Dear Dave, I met with Kim Ochko regarding a sub -division exemption application for the property located at 4366 county road 100. Kim advised me that the application called for the creation of three lots on the property and that a fire protection plan was needed for the county planning department. Kim also advised that the lots would be used to build single family houses only. We reviewed a plan of the property that showed the three proposed lots and I would like to offer the following comments to you regarding fire protection for this property. Access to the three lots appears to be adequate for the Carbondale fire trucks and ambulances. The proposed driveways should be constructed according to the Garfield County sub -division road standards. Water supply for fire protection will be provided by the water carried on the fire trucks and water supplied by fire department water shuttles. Currently there is no on site water supply capable of providing fire flows. Response time to the property is approximately 15-20 minutes with vehicles stationed at the Carbondale Fire Station. I would suggest that the Colorado State Forest Service guidelines for wildfire be followed by the property owner(s) when building houses on the lots. 1 would further suggest that combustible roofing material not be incorporated in the construction of the houses due to the vegetation on the lots and the wildfire danger. If you have any questions feel free to contact me at 963-2491. Sincerely, Ron Leach Carbondale & Rural Fire Protection District, Chief (f) • z 0 N 0 C w z .0laV6e-c;-' if:4$zoE z o \ (i) 0 • • 0 jE W � tz) i L') U •"616: — • • tn L. 0 Q "C3 w as as0 t .Z -1.?- A U c© 0 c) E v L7 w • • PUBLIC NOTICE TAKE NOTICE that Irene Green has applied to the Board of County Commissioners, Garfield County, State of Colorado, to grant a Subdivision Exemption in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: Lot 2, SE1/4 NE1/4 of Section 30, T7S R87W of the 6th PM. Practical Description: Located on the west side of County Road 100, approximately 3/4 mile north of State Highway 82. Said subdivision exemption is to allow the petitioner to divide a 42.06 acre parcel into three (3) tracts of approximately 21.03, 19.03 and 2.0 acres in size on the above described property. All persons affected by the proposed subdivision exemption are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objections to such subdivision exemption request, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the subdivision exemption. This subdivision exemption application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of 8:00 a.m. and 5:00 p.m., monday through Friday. That public meeting on the application for the above subdivision exemption request has been set for the 22nd day of February, 1994, at the hour of 2:30 p.m., at the office of the Board of County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County sub l/bL&P liecu.ircni �- Cc a�/ i D( the_ dem. Si�owih 06006611, 10 the a p1 // &. h Book 269 Page 40 Recorded at. L/140 o'clock Y M. - Apr 27 2.211... Reception No 182407 Ko.Wtr.an Recorder. THIS DEED,. Made this - 27th day of April in the year of our Lord one thousand nine hundred and f i f ty— t ree between CLOYD J. GREEN, also known as CLOYD GREEN of the County of Garfield Colorado, of the first part, and CLOYD J. GREEN and IRENE GREEN and State of RECORDER'S STAMP of the County of Garfield and State of Colorado, of the second part: WFCNESSETH, that the said part y of the first part, for and in consideration of the sum of One Dollar and other good and valuable considerations xkiddifkl36c to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha S 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, not in tenancy 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 lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: Lot 2, SE+NW+ and SWiNEi of Section 30, Tp. 7 S., R. 87 W. of the 6th P. M. 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 part y 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, the survivor of them, their assigns, and the heirs and assigns of such survivor, for- ever. And. the said part- t of the first part, for himself his heirs, executors, and administra- tors does covenant, grant,bargain and agree to and with the said parties of the second part, the survivor of them, their assign and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these preseMa, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and inde- feasible estate of inheritance, in law, in fee simple, and ha S 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 hind or nature soever, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assign and the heirs and assign of such survivor, against all and every person or person lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part y of the first part ha S hereunto set his hand and Beal the day and year first above written. t Q� Signed, Sealed and Delivered in the Presence of .[SEAL] NO__ O T TARY..STAN2S—REQU1RE;D _.._ ._.._. —[SEAL] ,..,..,, _ _[SEAL] . $}'ATE OF COLORADO, , \�:5'w-..;*0 10 County ot Garfield ss. .0 ' .y';' T� feraxo ljnatrument was acknowledged before me this 27th c,; ?i 15A\ o{ .hye CLOYD J. GREEN, day of April o:• pV .tribes- March 6 , 1 5D also my band awn as nd oGffi�cial GREEN.eal ``1 -d • Co �,;5'I, Slater, Mlle. Na921 wARQANTr aagp^T. JAM Tenants.—Tho arodford.midn.un a[tortM If by neutral person or persona here Insert name or names : I son acting i Bahaman'srepresentative p eel n tanb, lett afoot c Denrn. Cola p.mt y -t hL then Insert name f Renton es executor, itornev-In• y person toting In rapreac description: or : If tlpiv¢arto or as tuation, Insert name of each officer or officers. as the lac[ a other capes no r deecr tkua : If in !(Icer of r- Oment, aee.lna III7. prealdont or other officers Of such eerpORtlOa, namint IL—afeteft7 • • • tjLt �bt�/ 4(dU//' »-7 /if 7) /27( )" d- (z-) • LOT # LOT # LOT # 2391 304 00 016 Marion L. and Ann M. Samuelson and Jerod Samuelson 4206 County Road 100 Carbondale, CO 81623 (Actual Address 4204 CR 100) 2391 303 00 006 Harold L. Blue 4003 County Road 100 Carbondale, CO 81623 2391 302 00 023 Margaret Ann Droysen 4472 County Road 100 Carbondale, CO 81623 LOT # 2391 302 00 004 Martin I. Schlein 4474 County Road 100 Carbondale, CO 81623 LOT # LOT # LOT # LOT # LOT # 2391 302 00 003 Shirley L. Englert c/o Chris M. Barton Mcdermott Singapore P.O. Box 61961 New Orleans, LA 70161 (Actual Address 4472 CR 100) 2391 302 00 024 Margaret Droysen 4472 County Road 100 Carbondale, CO 81623 (Actual Address 4480 CR 100) 2391 193 00 164 Robert C. and Edith T Ray P.O. Box 1147 Aspen, CO 81612 (Actual Address 5329 CR 100) 2391 203 00 166 A. Guy and Martha A. Crouch P.O. Box 149 Alvin, TX 77512 2391 293 00 137 John M. Stirling 0704 Skipper Drive Carbondale, CO 81623 LOT # 2391 302 00 025 George P. Tempest and Jennifer Phelps Tempest 4476 County Road 100 Carbondale, CO 81623 • 1 • edc,t r -m SO / L. l a („( in G I//�� C1 e/SG/-1 / p�pvlC� YY1C�� Son— Prof:tic_ on Ps • • • • 111 Renu, rcn-eml r= 4)/(6se (c)4)(A)ill- We would like to take the existing well permit # 173635 on file at the Office of the State Engineer of the Colorado Division of Water Resources, (copy of which is attached) and turn it into three individual household use only well permits. We received a letter (copy of which is attached) explaining this option from Dwight Whitehead. The method of sewage disposal for all lots created will be septic systems. The Carbondale Fire Chief sent the letter of approval of fire protection plan directly to Dave Michaelson. • • Form No. GWS -25 OFFICE OF THE STATE ENGINEER COLORADO DMS• '-)F WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT IRENE GREEN 4366 100 RD CARBONDALE CO 81623 ( 303)963-2333 PERMIT TO CONSTRUCT A WELL 561,44111#:d561,44111#:d561,44111#:dC' u/mail Floyd 1 (2\ Proof' F' c�(-' 1(yd a -,d ad«ua-1(. (or co()t iof cr(aird WELL PERMIT NUMBER 173635 DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD CC UNTY SW 1/4 NE 1/4 Section 30 Twp 7 S RANGE 87 W 6th P.M. DISTANCES FROM SECTION LINES 5360 Ft. from South Section Line 2000 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CCf,IDIT.t.a 7S OF APPROVAL 1) This well shall be used in such a wad! 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 Insteation 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 40 acres described as the SW 1/4 of the NE 1/4 of Sec. 30, Twp. 7 South, Rng. 87 West of the 6th P.M., Garfield County. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside three (3) single family dwellings, the irrigation of not more than one acre of home gardans and lawns, and the watering of domestic animals. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the 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. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. APPROVED � JD2 State Enginew Receipt No. 0358739 DATE ISSUED OCT 1;3 1993 By EXPIRATION DATE OCT 1 3 1993 ROY ROMER Govemor • v, ,y. *�a /8 76 1 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver. Colorado 80203 (303) 866-3581 ,0 3 ria"ioij i March 1,_ 19.88 xr no s,€ a y,rno Oau lu brodsod ,411.1,7,-!1 i .1 t pn6ri� MEMORANDUM TO: Hal 0. Simpson, Deputy State Engineer Robert A. Longenbaugh, Assistant State Engineer, Ground Water Section JERIS A. OANIELSON State Engineer ed.t to lunwv orifi :It dS 7 0.1odtot r r9w gf$S not nc rr9w FROM: Jeris A. Danielson, State Engineer SUBJECT: Recommendations to, the county concerning issuance of household use only well permits for property splits In over -appropriated basins when the original tract has an existing domest": well permit issued under 37-92-602 (3)(b)(II), C.R.S.-(1971) as the only well on 35 acres or more. bPadbf€l '':4ftr= 1. The Engineering Section will continue to recommend approval to the various counties of property' splits allowing up to three homes where the proposed water supply is a well whose permit was issued under Section 37-92-602(3)(b)(II), C.R.S. (1973), as the billy well on 35 acres or more. The recommendation will be conditional upon an adequate physical supply, covenants, easements, and joint.use agreements. y.The approval recommendation will also be conditional upon an existing permit not specifically lim ..i1 y the well to serving less than three single-family dwellings. Our office will issue a new well permit as the only well on 35 acres or more allowing the well to serve three homes if it still qualifies for this type of permit and the ovner cancels the existing permit. 2. The Engineering Section will also recommend that the various counties conditionally approve property splits allowing up to three homes where the proposed water supply would be individual household use only wells if a well permit has been previously issued as the only well on 35 acres or more. The Engineering Section will recommend that The county approve the split conditional upon the property owner cancelling the existing domestic well permit and applying and obtaining a new household use only well permit for each lot prior to its sale. The Engineering Section will recommend approval of this type of proposal because the net material injury likely to occur to decreed water rights will be equal to or less than that created by ^ne well permitted as the only well on 35 acres or more. Irrigation.-or-ot ►er-outside-uses-will not 'be -..allowed -because- .statute ..,does-stot---prowid r-Herr-we4 +pernrrts-gwhich -allow-irrigation ..in,over.-appr.opriaLedr.basRsts-onwtracts -less-thane .35..acres% Memo to Hal Simpson and Bob Longenbaugh 110 March 1, 1988 • Page 2 3. For subdivisions not referred to our office for comment or subdivisions approved based on shared use of a well, the Ground Water Section will issue individual household use only well permits for up to three lots if a well permit_ exists on one of the lots issued as the only well on 35 acres or more. Well permits wily only be issued for the remaining lots if the owner of the existing domestic well permit obtains a new permit for the well authorizing the change to household us only as the only well on the lot. This will. be done to provide consistency in our office's actions and not to penalize individual lot owners f.ir the county's negligence in not referring the proposed water supply plan to the State Engineer as required by Section 30-28-136(1)(h)(I), C.R.S. (1973). . . JAD/JRH/19221• cc: Reiner Haubold ;Steve` tiutensctifig^� er't 7 "Richard-Stenzel w c� Z .; ? f i. il.i enR lz1x.T w'.'w. �i/�f ~E .«. .i ✓i�� eJ 7�.Af1 pat[€s�rsa� lwrwo `(31sgY•Tq s noqu rsnoi Mgt., xrao sau bfocimod w9r.S entnisjdo %;i$ gntyfgga bns lin/et ifs w at/asmob:. ..+t 01 'cirri d,r , 11. r>�1Mn� 3!:'?t Je is A. Danielson 4 i:na . sxOM - 'x3, ExMn-ck0Q aimusr .7_105io►oo <crgqu$ APPtov E0 Fck.tocl -10 VS is5v SNC :i ei: L• Ot-1:iaaw0644 ,31).0 ,1* Q.1 -1v ,coi'1E0' rt. .s^tom io .a # ' � no ;tfew xt oo idtriarr. s rsq ' 4 1 nw il� via+'r, -,n m.4,406-' ,3krtsta..,... a mod, bvwo ( f F29.1 .2.--.nsiii-ezel- 21 ;M-3 sf►'' a sd-,b 043,4 ..-ipq. -l1vc pi 2 z "a • • -f'(tG{ire me 1'I 6-7 • • • Book 3', Page 3. Recorded at...2t55..._...o'eleek. } .M.. July 11, ,163 Reception No 2QtChas S. Keegan. Recorder. THIS DEED, Made this 14th day of Jude in the year of our Lord one thousand nine hundred and sixty-three between CLOYO.T. WLEE d IRENE GREEN of the h County of Garfield and State of Colorado, of the first part, and KATRINA McCORMICK BARNES of the 4 ^'1 County of Pitkin and State of Colorado, of the second part: WITNESSETH. That the said part ies of the first part, for and in consideration of the sum of Ten Dollars, and other good and valuable consideration to the said parties of the first pectin hand paid by the said party whereof is hereby confessed and acknowledged, have y of the part. the receipt presents do igranted, bargained, sold and conveyed, and by these grant, bargain, sell, convey and confirm, unto the said pare of the second part, her heirs and assigns forever, all the following described lot in the or parcel of land, situate, lying and being County of Garfield Lot 2 of Sec. 30, and all that part of the SEI-NWI- and that paant of the State of W Colorado, to -wit: of said Sec. 30., lying westerly of a county road as constructed and in place all in Tp. 7 S., R. 87 W., of the 6th P. M., as shown on sheet No. 2 of the plats on file in the office of the Garfield County Clerk and Recorder as Doc- ument No. 221609 and descrid asfellows: Beginning at the NE corner of saih SEI-NWI- being the same as the NW corner of said SWI - NEI-; whence the north I- corner of said Sec. 30 bears N. 2°44' E. 1391.18 feet; thence S. 89°06' W. 1368. 58 fee4aalong the un.qherly line of said SEI-NWI--t to the NW corner of said SEI NW; ; therich " 216'W. 1370.80 feet along the westerly line of said SEI--NWkt- to the SW corner of said SEI-NWI-; then °56462.51 feet to a point on the westerly line of said road; the N."3°27 76. 47 feet along the westerly line of said road; thence N. 17°20' E. 186.49 feet along the westerly line of said road; thence N. 20°32' E. 54.0 feet along the westerly line of said road; thence N. 33°32' E. 88. 38 feet along the westerly line of said rola; thence N. 53°26' E. 107. 15 feet along the westerly line of said road; thence N. 49°17%p.53.04 feet along the westerly line of said road; thence N. 39°01' E. 96.80 `fee lalong the westerly 0 line of said road; thence N. 36°55' E. 200.51 feet along the westerly line of said road; thence N. 40°58' E. 181.82 feet along -the westerly line of said road; • thence N. 46°09' E: 249.80 feet along the westerly line of said road; thence N. 40°13' E. 217.28 feet along the westerly line of said road; thence N.35°11' E. 110.57 feet along the westerly line of said road; thence N. 39°29' E. 142.03 feet along the westerly line of sai road; to -a point on the northerly line of said SW -NEI; thence N. 89°01' 9.46 feet`along the northerly line of said SWI -NE to the NW corner of said SWINE* the point of beginni All of the above described land containing 70.36 acres, more or less Reserving, however, to the grantors, not in tenancy in common but in,149t tenancy, the survivor of them, their assigns, and the heirs and assigns off ich survivor forever, all water from springs located on said lands and presently being used by the grantors for domestic water on lands situate easterly of said above described county road, together. with aoyeasement and right-of-way for the carriage of said s rin' ij t p g'�'itiater under and across the lands hereby conveyed, in the manner and in the place presently in use, consisting in part of a tunnel, a pipe -line and a surface gathering pond. a 11 row - TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and th4reversion'and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, two, interest, claim and demand whatsoever of -tits said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the he temente and eppt,rtrnamee. Ast 0 .1� No. 463. WARRANTY DRIED—Mor PtrtKradyr W,wd._Dndford.Aotlea* Priatlai Gangway. 182416 Stout 8tree/. Deaver. Colorado Book 351 Page 381 TO HAVE AND TO HOLD the said premises above bargained and dfes ribed, with the appurtenances, unto the said party of the second part, her heirs and assigns forever. And the said part les of the first part, for tilp411 sel Vei,ritad their heirs, executors, and administrators, do and ngr and ith th coat at grant, bargain the party of the second part, her heirs and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the premises above conveyed, Ila of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, fullower and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the s me are tree and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soeve , except the 1963 taxes, ,alf which the grantee herein assumes and agrees to pay and subject to oil an gas lease and assignrtient thereof, recorded as Doc. 209997 and Doc. 209998, respectively, of the Garfield County Records. and the above bargained premises in the quiet and peaceable posse cion of the said party of the second part, her heirs and assigns against all and ever or an y persorfor persons lawfully claiming or to claim the whole Y part thereof, the said part les of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ies,f the first part ha VC hereunto set their hand s and seal s the day awl year first above written. Signed. Sealed and Delivered in the Presence of o..yd J. Green ._ [SEAL] Z.Qitit-JP . • rene'Gte STATE OF COLORADO, County of Garfield }`a' The foregoing instrument was acknowledged before me this 19 tat day of A. D. 19 6� ,by CLOYD J. GREEN and IRENE GREEN fir& 44,e.4 / .Tttly [SEAL] `-L €., 2,"kSEA L] 19 6I . Witness my hand and official seal. —4 z r a 41/4m c 5 0 A Nolan Public. • • GARFIELD COUNTY BUILDING AND PLANNING January 20, 1994 Ms. Irene Green 4366 County Road 100 Carbondale, CO 81623 RE: SUBDIVISION EXEMPTION Dear Ms. Green: Your application for a Subdivision Exemption, located north of Carbondale, has been scheduled for a public meeting before the Board of County Commissioners on February 22, 1994 at 2:30 pm in the Commissioners' Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO 81601. It is suggested that you be present at the time of the meeting. Copies of the enclosed exemption public notice form need to be mailed by certified return - receipt to all property owners adjacent to or within 200 ft. of your property at least 15 days, but not more than 30 days, prior to the meeting. In addition, the notice needs to be mailed by certified return -receipt to owners of mineral rights, or lessees of mineral owners of record of the land proposed for exemption, at least 15 days, but not more than 30 days, prior to the meeting. The certificates of mailing and return -receipts from these mailings need to be presented at the time of the meeting or submitted to the Planning Department prior to the meeting. The exemption site must also be posted with the enclosed Notice poster, visible from a County Road, at least 15 days, but not more than 30 days, prior to the meeting. If you have further questions or concerns regarding the meeting or public notice requirements, please contact this office. Dave Michaelson Planner DHM/dhm Enclosures 109 8TH STREET, SUITE 303 945-8212/625-5571/285-7972 GLENWOOD SPRINGS, COLORADO 81601 • • PUBLIC NOTICE TAKE NOTICE that Irene Green has applied to the Board of County Commissioners, Garfield County, State of Colorado, to grant a Subdivision Exemption in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: Lot 2, SE1/4 NE1/4 of Section 30, T7S R87W of the 6th PM. Practical Description: Located on the west side of County Road 100, approximately 3/4 mile north of State Highway 82. Said subdivision exemption is to allow the petitioner to divide a 42.06 acre parcel into three (3) tracts of approximately 21.03, 19.03 and 2.0 acres in size on the above described property. All persons affected by the proposed subdivision exemption are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objections to such subdivision exemption request, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the subdivision exemption. This subdivision exemption application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of 8:00 a.m. and 5:00 p.m., monday through Friday. That public meeting on the application for the above subdivision exemption request has been set for the 22nd day of February, 1994, at the hour of 2:30 p.m., at the office of the Board of County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County • IReoui (G -1- - -s-o(L Dave_ ✓ 161-pel_SoKI w:l/ prcude_ ffittp s 5GS93' L (C' le m, • • • nut rtilc APpLioELL • • / �i ) Al a/rra h e,rp is to i X1,17 ackrip/2v,� I s 1 TO WHOM IT MAY CONCERN: I have elected to divide my property known as Parcel # 2391 301 00 001. NE a, Section 30, Township 7, Range 87, A/R/RD in Carbondale Colorado amongst my family as follows: 21.03 acres to my son R. Leon Green and his wife Betty Green. 19.03 acres to my grandson Steven M. Ochko and his wife Kimberly Ochko. 2 acres to my daughter Georgia M. Ochko and her husband Steven J. Ochko. All of which has been plated by surveyor Lois H. Buettner, a copy of which is included in the exemption request. The first two lots would be created for dwelling units, the third lot already has a home on it. Signed, A Irene Green Date • i L• Book 351 Page 380 Recorded at..2.:.55----...o'clock. _.aM., - JUltr 11„ 1963 Reception No..22ZIQ% C,a9...S• Keegan,. Recorder. THIS DEED, Made this 14th day of June in the year of our Milone fhouaand,gne hundred and sixty-three between 0 E '^ CLOYD J. GREEN and IRENE GREEN of the County of Garfield of Colorado, of the first part, and KATRINA McCORMICK BARNES of the County of Pitkin WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of Ten Dollars, and other good and valuable consideration r - to the said partieS of the first part in hand paid by the said part y of the second Part. the receipt whereof is hereby confessed and acknowledged, have presents do granted, barga5hed, sold and conveyed, and by these grant, bargain, sell, convey and confirm, unto the said part y of the second part, her heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield Lot 2 of Sec. 30, and all that part of the SEINWI and that part of the SW;NE and State of orado, wit. of said Sec, 30, , lying westerly of a county road as constructed and in place all in Tp. 7 S., R. 87 W. ,_,of the 6th P. M., as shown on sheet No. 2 of the plats on file in the office'uf the Garfield County Clerk and Recorder as Doc- ument No. 221609 and described as follows: Beginning at the NE corner of said SEINWI being the same as the NW corner of said SWINE -NEI-; whence the north i corner of said.Bec. ,7,0 Bears, N. 2°44' E. 1391.18 feet; thence S. 89°06' W. 1368.58 feet along the northerly line of said SE' -,NW'-, to the NW corner of said SEt-,NWI; thence S. 2°16' W. 1370.80 feet al tg the we!' i fily line of said SEINWI to the SW corner of said SEINWI-; thence N. 89°56' E. 462.51 feet to a point on the westerly line of said road; thee N. 3°27' E. 76.47 feet along the westerly line of said road; thence N. 17°20' E. 186.49 feet along the wesierly line of said road; thence N. 20°32' E. 54.89 feet along the westerly line of said road; thence. N. 33°32' E. 88.38 feet along the westerly line of said road; thenceN0153°26' 53°26' E. 107.15 feete) along the westerly line of said road; thence N. 49°17' E. 53.04 feet along the westerly line of said road; thence N. 39°01' E. 96. 80 feet along the westerly line of said road; thence N. 36°55' E. 200.51 feet along the westerly line of said road; thence N. 40°58' E. 181.82 feet along the westerly line of said road; • thence N. 46°09' E. 249.80 feet along the westerly line of said road; thence N. 40°13' E. 217.28 feet along the westerly line of said road; thence N. 35°11' E. 110.57 feet along the westerrrline of said road; thence N. 39°29' E. 142.03 feet along the westerly line of said road; to a point on the northerly line of said SWINE -I; thence N. 89°01' W. 69.46 feet along the northerly line of said SWINEI-, to the NW corner of said SWI NEI the point of beginning. All of the above described land containing 70.36 acres, more or less. Reserving, however, to the grantors, not in tenancy in common but in joint tenancy, the survivor of them, their assigns, and the heirs and assigns of such survivor forever, all water from springs located on said lands and presently being used by the grantoravfor,domesfic, water'on lands situate easterly of said above described county road, together with an easement and right-of-way for the carriage of said spring water under and across the lands hereby conveyed, in the manner and in the place presently in use, consisting/1n part of a tunnel, a pipe -line and a surface gathering pond. 'and State r and State of Colorado, of the second part: Oi o TOGETHER with all and singular the hereditaments andpurtenancee thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and reiniinders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said partsri, of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and senortenoners. *,1 No. 163. WARRANTY D&—r., wlafaplr I Nd,-..lndford. .. _ R.►Iroa Malmo t7retwa►. 11114411 stout etnat, neoror. Colored* Book 351 Page 381 TO IIAVE AND TO 1101.1) the said premises above bargained and described, with the appurtenances, unto the said party of the second part, her heirs and assigns forever. And the said part les of the first part, for thenl selves, and their heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the satitl"party of the second part, her heirs and assigns, that at the time of the ensealing and delivery of these presents th€y are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in rye -simple, and ha Ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature swayer, except the 1963 taxes, all of which the grantee herein assumes and agrees to pay and subject to oil and gas lease and assignment thereof, recorded as Doc. 209997 and Doc. 209998, respectively, of the Garfield County Records. k , and the above bargained premises in the quiet and peaceable possession of the said party of the second her heirs and assigns against all and everypart, person or persons lawfully claiming or to claim the whole or any pdellhere f; the skill part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF. the said part iesof the first part ha Ve hereunto set theirlmnd S and seal S the day and year first above written. Signed. Sealed and Delivered in the Presence of c°;-!' oy'J. Green Trene Gre STATE OF COLORADO County Garfield- Iss. • The foregoing instrument was acknowledged before me this i /tik day of Tu ly A. D. 19.63 ,by CLOYD J. GREEN and IRE�NGREEN, GREN , bty•eomission expires .""),440114.4.4. / 9 v -/f , 19 . Witness m hand n „-"_1. 3 . , / /� J+ • d official seal. �` \OTAI�J' Z 3X;. [SEAL] [SEAL] r.L.2..2n.(iSEAL] -4 F WARRANTY DEED c,rrx6 sums 'mates. asraruppj 1/19 WWI YEN -181 0 0 tS 0 0 v 0 F F rq at Nets, Public. 4 !L4