HomeMy WebLinkAbout1.0 ApplicationEXEMPTION
NAME: ►.I i s /40P��! �,, ! A.
/ 1 _ I
I
PURPOSE OF EXEMPTION: '7L /2 -?S
Q1/ &62
ZONING: /`i/, /del
QUALIFICATION FOR S.B. 35 CL -L-, Q /() ije-
LOCATION OF SITE:, �'`x:_i .
WAT E R :cf'7-C-C-ceG? 7 4%?"
DIV. OF WATER RESOURCES RESPONSE: �� �,,(„o1,
SEWER, �r
CHECK LIST:
L✓ LIFEE PAID ($50 +1.00/acre for each parcel created under 35 acres)
t,/ -MAP showing proposed lots and access
t. -DEED
1/ -VICINITY MAP
x/10 100 yr floodplain info.
C.,/ SOIL MAP
72//, IF community water, letter of approval from governing body
COMMENTS:
oti dirg)
4 )0,i 9-xlsi
(-6) 07,ct-P
4''
orzt
/9-e _k c 6Y7,/
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L; UCI 30 198�}
Recorded at �'�„ 7o'clock /2 M., Vi
•
Reception No. __ • 4.+ i ,t% II
THIS DEET), blade this
19 81 between
;of the
ORLAND LINDAUER
day of
County of Garfield
. Colorado, of the first part, and
GERALD LINDAUER and
ZOE LINDAUER
and State of
whose legal address is 1898 Road 306, Parachute , CO 81635
Recorder.
FILING STAMP
OCT 30 19S1
.r777 rmernirFr
i:YPQgrim,
of the County of Garfield and State of Colorado, of the second part:
WITNESSETH, That the said party of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ---jJR5'
to the said party of the first part in hand paid by the said party of the second part, 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 party of the second part, his heirs and assigns forever, all the following
described lot or parcel (Aland, situate, lying and being in the
,County of Garfield and State of Colorado., to -wit:
The west ten (10) acres of the SE4SE4i Section 3, Township 8
South, Range 96 West of the Sixth Principal Meridian, and a
parcel described as follows: Beginning at the northwest
corner of said west ten acres of the SE4SE4f Section 3,
thence west 250 feet; thence south 150 feet; thence east 250
feet; thence north 150 feet to the point of beginning.
also known as street and number
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper-
taining, 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 ANI) TO HOLT) the said premises above bargained and described, with the appurtenances, unto the said
party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, hit heirs,
executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part,
his heirs and assigns, that at the time of the ensealing and delivery of these p,- sents, 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 as
aforesaid; and that the sane are free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments and encumbrances of whatever kind or nature soever.
Subject to the 1981 general property taxes, patent reservations,
restrictions, easements and rights of way of record.
and the above(' bargained premises in the quiet and peaceable possession of the•said party of the second part, his
heirs and assigns 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.
STATE OF COLORADO
Cquntyof Garfield
J n/�
EALj
Orland Lindauer
[SEAL]
D[SEAL]
. t
4c5hefoye;::,:. enistrument was acknowledged before me; this
;8,3%: A,akfal4 Lindauer •
//a_3
•
1 th ,1 c.+t eH,ti•es
U�
No. 932A. WARRANTY DED. —1' For Pbuttgzrnphu Rt.ca,
axi 4
day of c7cLLar
antiand off ciai seal.
l
Notary Public.
dr' ...)rd Publishing Co., I5I65 West 44th Avenue. Golden. Colorado 80401 -Addes s+4 -KO
•
Recorded at_ __ -�-�—" o'clock �i-� - M.. —
Reception No 31461/
THIS DEED, Made this 5th day of May ,19 81
between
ORLAND LINDAUER
of the County of Garfield
Colorado, of the first part, and
GERALD LINDAUER
whose legal address is P. 0 .
and state of
Box 47, Parachute, CO
81635
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
371_ P.GE; )t7
ecorder.
RECORDER'S STAMP
rpm Tr 'n rV
....a'
DOLLARS,
to the said part y of the first part in hand paid by the said part y of the second part, the receipt whereof
is hereby confessed and acknowledged, h6 remised, released, sold, conveyed and QUIT CLAIMED, and by these
presents the remise, release, sell, convey and QUIT CLAIM unto the said part y of the second part, his heirs,
successors and assigns, forever, all the right, title, interest. claim and demand which the said party of the first part
haS in and to the following described lot or parcel of land situate, lying and being in the County
of Garfield and State of Colorado, to wit:
on -exclusive easement_fQr,right of wa purposes 20 feet in width
irr-Section 3, lawn sfi p 8 South, Range 6 West of the 6th P.M.,
along a centerline which is described as follows:
Beginning at the SW corner of Section 2, Township 8 South, Range
96 West; thence West along the South section line of Section 3 a
distance of 694 feet; thence North a distance of 780 feet to the
true point of beginning; thence N. 30° West a distance of 345 feet;
thence West a distance of 317 feet, all in Township 8 South, Range
96 West.
also known as street and number
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
said party of the first part. either in law or equity, to the only proper use, benefit and behoof of the said part y of
the second part, hiS heirs and assigns forever.
IN WITNESS WHEREOF, The said part y of the first part ha S hereunto set hlShand
and seal the day and year first above written.
Signed, Sealed and Delivered in the Presence of
Or and Lind er
SEAL]
(SEAL]
1SEAL]
STATE OF COLORADO,
ss.
County of GARFIELD
The foregoing instrument was acknowledged before me this 5th day of May,
19 81. by' ORLAND LINDAUER
My commission expires //—/ 2� , 1 Witness my hand and official seal.
No. 933. QUIT CLAIM DEED.— Bradford Publishing. 15165 West 441h Avenue. Golden. Colorado 80401 — 1703) 278-0644 — 8-80
•
Nntary Public.
oN uoi1daaaH
rn
pati; sem luawna
OGNxo'IoD dO �iVis
0
clam i iiv'i nxTh
•
t ti.,
VeA I.Bew. 16
Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
COLORADO DIVISION OF WATER RESOURCES l
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
FOR:S
(
PERMIT APPLICATION FORM
A PERMIT TO USE GROUND WATER
A PERMIT TO CONSTRUCT A WELL
A PERMIT TO INSTALL A PUMP
REPLACEMENT FOR NO
)OTHER
WATER COURT CASE NO
6ec 'd
RECEIVED
SEP 0 21981
LAIR F v"TAMM
MATE EN -ihEER
(Old
l
(1) APPLICANT - mailing address
NAME
STREET �y
CITY p%}r?AC)v'�f; l rl /0.
(State)
TELEPHONE NO a�5 — 76a -
48.1
(ZIP)
(2) LOCATION OF PROPOSED WELL
County AK -11! fel
L
i� �(..il �%. of the � '/., Section
-
Twp. 5 R ng. •
�•�%
1N.Si IE.W!
P.M.
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm)
Average annual amount of ground water
to be appropriated (acre-feet)•
Number of acres to be irrigated:
Proposed total depth (feet):
15()
Aquifer ground w ter is be obtained from:
er,,,,-/-a ( ,% -u.IP a iii.,J,Lev.if-C,
Owner's well designation
GROUND WATER TO BE USED FOR:
( ) HOUSEHOLD USE ONLY - no irrigation (0)
���-0OMESTIC (1) ( ) INDUSTRIAL (5)
( I LIVESTOCK (2) ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
( ) OTHER (9)
DETAIL THE USE ON BACK IN (1 1)
(4) DRILLER
Name
Street
( (16 ).
City
(State) (Zip)
Telephone No. Lic. No.
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No
/5a 7 c7
i
0 C cyg-
Basin Dist.
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause
no material'injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
APPROVED PURSUANT TO CRS 1973, 37-92-602
(3)(b)(II) AS THE ONLY WELL ON A TRACT
OF 35 ACRES OR HORS DESIGNATED AS SD
ACRES IN 54.) s c %Y 1tJ r /c
4c%FsGAN56mi56"-!%, Sc =3 T.
•
85'., �.�� / 4P�M.
APPROVED FOR DOMESTIC USE, INCLUDING THE
IRRIGATION OF 10T OVER ONE ACRE OF HOME
GARDENS AND LAWNS.
THE AVERAGE ANNUAL AMOUNT OF GROUND WATER
APPROPRIATED SHALL NOT EXCEED 3 ACRE-FEET.
CON
APPLICATION APPROVED
PERMIT NUMBER 122151.
DATE ISSUED SEP 17 1981
EX N%ATE SSP 17 1(�98Q
3
I.D l
COUNTY C2 3
(
to v.111 be used must be indicated�on the diagram below.
L L and Ilse ;area on
Use the CENTER SECTION (1 section, 640 acres
i — — + _ + — + — 1 for the well location.
1
I4--- 1 MILE, 5280
+ + + + +
NORTH
r —
FEET
NORTH SECTION LINE
f +
m
to
1
m
c)
O
z
SOUTH SECTION LINE
I I
The scale of the di — -+--
diagram is 2 inches = 1 mile
Each small square represents 40 acres
-)-
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second
1A family of 5 (cfs) . 449 gallons
1 acre-foot . _ w ll require approximate)per minute (gpm)
1,acr 43,560 cubic feet . Y 1 acre-foot0all. water
gpm pumped continuous) •325'900 gallons. per year.
Y for one day produces 4.42 acre-feet.
10) LAND ON WHICH
GROUND WATER WILL BE USED:
Owners): r 1r
Legal description: P
(6) THE WELL MUST BE LOCATED
t2v (stances from section lines.RELC
--t1'.LL_ ft. from�."
_/ / 7�`
(north or south) SeC.
ft. from
f or est) SeC. 11
LOT —__BLOCK. FILING*
SUBDIVISION
(7) TRACT ON WHICH WELL WILL B
LOCATED •
Owlor:
No. of acres
the only well on this tract?
(8) PROPOSED
CASING PROGRAM
Plain Casing To 6, d 1'1►1;.�;c�� b y d,di
6e in. from ft. to ft.
Perforated asing in. fr from
b- /—ft. to
'C'�/h bCi(tL V7 dell,
-- --_ in. from C ft. to 150 ft
in. from
ft. to
(9) FOR REPLACEMENT•t'
and direction om ll and plan foe
9 distance
it: plugging
. Will this be
(11) /No. of acres:
SAILED DESCRIPT aims' f'
system to be used. ON of the use of grot�d �.r ��� �� (9, I /
water: ouseh a'' r =s
old use and domestic we s must !f : ��l' .�
J
� , _Cip.. slspds.I
(12) OTHER -A RI
HT
Type or right
used on this land, including wells. Give Registration and Water
Numbers.
Used for (purpose) Court Case Num
Description of land on „
474/474//
�/� t/lJ which used
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION
THE TO THE ST • FT L HEREON
HIS KNOWLEDGE. SET FORTH IS
SIGNATURE OF APPS/CANT(S)
Use additional sheets of paper if more space is required.
Property Description
Gerald Lindauer
Re: 5B35 Exemption
r a(�
z foe r r
r
9 0.3,,1
The west ten (10) acres of the SEkSE4i Section 3, Township 8
South, Range 96 West of the Sixth Principal Meridian, Garfield
County, State of Colorado, and a parcel described as follows:
Beginning at the northwest corner of said west ten acres of
the SE4SE4i Section 3, thence west 250 feet; thence south
150 feet; thence east 250 feet; thence north 150 feet to the
point of beginning.
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
3 fa61n
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and
the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979
Section 2.02.01 (d) and 3.02.01 the undersigned_ /. C .1
Dae nacre- L i tLitIU -1
Board of County Commissioners of Garfield Courjty, Colorado, to exempt by resolu-
tion the division of Z t9 acre tract of land into tracts of
approximately /C) ,F:a2a acres each, more or less, from the difinitions of
"subdivision" and "subdivided land" as the terms are used and defined in C.R.S.
(1973) Section 30-28-101 (a) - (d) and the Garfield County Subdivision Regulations,
for the reasons stated below:
lel-�z- ��CU✓��
respectfully petitioners the
In support of this petition, the petitioner also submits the following:
S4 Map drawn to scale showing proposed lot
subdivision and access
Copy of deed
c) Vicinity Map
State on source of domestic water
Statement on method of sewage disposal
f 3100 year floodplain information where
live stream crosses or ad'oins said tract
Fee in the amount of $
Evidence of the soil types
Submitted at Glenwood Springs, Colorad
this , p day o , 19Si
Petitioner
Mail ddre s
4.
l6.3c
d $ 1,t(
Telephone Number
1
lap Unit No. 100
SOIL CIIARACTER1;TI C:•,
Depth to bedrock :More than 60 inches
Texture
Surface : Loam
Subsoil : Clay loam
Substratum : Loam
Unified Cl:r ,ifit,rt
Permeability
Percent coarse fragments
(greater thap 3 inches)
Salinity (ECx10-i e 25 C)
pH (surface)
Shrink -swell Potential
Potential frost -action (surface)
Flood Hazard
Hydrologic Group
Corrosivity Steel (uncoated)
Concrete
Moderate
0
•
•
6.6 to 7.8
Moderate
Low
None
B
: High
Moderate
'IEGREE & KIND OF LIMITATIONS
(0 is Slight, M is Moderate, S is Severe)
Septic Tank Absorption Fields
Sewage Lagoons
Sanitary Landfill Trench
Area
0
M ;:wl. lic:C slope
0
• O
Shallow Excavations 0
Dwellings w/basements : M Low strength
w/0 basements : M Low strength
Local Roads & Streets : M Low strength
SUITABILITY AS A SOURCE OF...
Daily Cover for Landfill : Good Small stones
Roadfill : Fair Low strength
Sarid Unsuited
Gravel : Unsuited
Topsoil Fair rua l l stones.
k '37
SUBJECT TO CHANGE. N0T TO BE USED IN PLACE OF ON-SITE INVESTIGATION
•
• •
:LOC -Potts loam, 3 to 6 percent slc-p:s. This deep, well drained,
moderately sloping soil is on mesas, benches and valley sideslopes.
It formed in eol ian materials on alluvium from sandstone, shale or
basalt. Elevation ranges from 5,000 t,(A "(.im feet. The average
annual proci.pi_tatiorr is about 11E inches, the average annual air
temperature is about 46 degrees F., and the average frost -free period
is about 120 days.
Typically, they surface layer is l;rr w Hamb ut )+ inches thick.
The subsoil is reddish brown light clay lam about 24 inches thick.
The substratum is pinkish white loam extending to a dopth of more
than 60 inches.
Included with this soil in mapping are small areas of Olney,
Kim and Ildefonso soils which make up 10 to 15 percent of the mapping
unit. These soils have ;;1(A};s of 3 to i=; {,r,nt,.
Permeability of the 1 (LL;3 ort i 1 i m
-rat. h:t'tecti,(1, ng,
depth is 60 inches or more. Avni 1 ab1 c w;i Ler• c pa i Ly is high. Sur-
frAue runoff i slow rid the r‘rr)sihrr,t;Aril i„ HI,r;cLc.
Thi;: soil is u.;ed mainly For ir'r'iLr;r( 1 ,.rc>1ro and }oiy, :And For
dry -I Anel I':i rill i ni+. A I Hi l frr , ;,rnn l 1 I!r; A i r 0, ri n 1 ;'r; ;
grown.
mumu. 11riy !Ir(.
;)mall areas of this soil aro also used for l ivoot,>,•1c grazing.
o(''1 1 n1! I ;' 1•hr' 11;111.'A ;Alq)l l lli!
Conservation 1'>ractic s that inr!ludc. i l r il'al.i,o, Ali I„•1 (h -q) st,rte.tures,
• 1
WC -Potts loam
grass waterways, and minimum t i tlage are necessary to ;:void serious
erosion losses. These soils l,ipe nsi ly, ,nd irsigation water manage-
ment is extremely important in avoiding excessive piping. Cover crops
or stubble mulching in dryland farming areas will also help to limit
erosion losses.
The native vegetation on this soil is mainly bluebunch wheat -
grass, western wheatgrass, needleandt}iread, and big sagebrush.
When the range condition deteriorates, forbs 'and woody
shrubs increase. When the range is in poor condition, undesirable
weeds and annual plant„ are nurrLorou;•_ trope!. graulug management
maintains and improves range condition. A reduction in brush im-
proves deteriorated range sites. Seeding is a good practice if the
range is in poor condition. Suitable plants for seeding are crested
wheatgrass, western wheatgrass, and Russian wildrye. For successful
seedings, a good practice is to prepare a seedbed and drill the seed.
Wildlife using this soil for habitat incltri1e pheasant., mourning
dove, cottontail. rabbit, some mule deer, and squirrel.
Potts soil has good potential for community and recronti c,rrra_].
development. The main limitations for thr e lues are strength, filing,
and frost-h_ave. Dwellings and roHds can e. r:—
ate no IJI#:11! I iniit,rl.i,�1 ::
��nnnui� i
1 ri,•1,,(1
the population density increases. Co;gal (lty subcla s fTle.
o
•
KAY
SECTI O4
S5C.Ttph1
0
FIE.L..
/ o j
(J
10
NATES
THE INTERIOR
L SURVEY
STATE OF COLORADO
OFFICE OF THE GOVERNOR
749 /50
)51 5' 752
4362 / NE
(GRANA VALLEY)
• 6002
1v
documentary f
z
7
p„dea a, 10:57 ve..10 r h, y• December 6. 1972 Book 438
P....-wson xi, 256289 Ella Steohencb... Page 413
Tats DEED. Ned& this 10th day of January .11 72.
between FELIX LI;DAUER and EDIThI LINDAUr"R
of the comnty of
Colorado, of the fust part, and
ORLAI; LI1MAUER
Garfield and Pule ad
a the County of Garfield
Colorado, ce the second part:
and State al
FILLNc sraxr
i U1 p.7.1taLiF$
Dec 6 inn
orz
R ITXFSSETH, that the said party of the first part, for and is carsickest-1os of the sous d
Ten Dollars and other valuable considerations DO02070C
and other good and valuable eonslderatioos to the said party of the fust part in band paid by the said parte d the
/second part, the receipt wbereaf 1. hereby confused and acknowledged. has granted, bargained. sold and romeeysj
and by these presents does gnat, bargain, sell, convey .rad confirm [alto the sold parties of second part, their
heirs and auigns forever, not in tenancy !a roam= bat in hint tenancy, aU the following described lot s wc
parcels of land, situate, )ging and being in the County of Garfield and sant.
of Colorado, to sr1t:
The W,USE;, the West 10 acres of the SE1/4SE1 of Section 3; the
N1/2NE1/4 and the E)NW;, Section 10, all in Township 8 South, Range
96 Kest of the Sixth Principal Meridian, together with all water
and ditch rights appurtenant to said lands and including, but
without limitation, all of grantors' interest in and to the
Estella Ditch No. 92 with Priority No. 144A out of Wallace Creek.
Except an undivided one-half interest in and to all oil, gas
and VoVpptheQ{rIhr minerals, tteoppoe�tpher.wi�th the richt to explorex�jfor mmin1 an
ref "[TREK �itta►Tleana Iinjr-v7ar-ti.i heOredilamrnlieard recotinc.reir . Lh,-,E:1Olrl h tiII s.43.3l
appertai.ing and the reversion and reversions, remainder and remainden, rents, Woes and profits thereof; and
all the urate, right. title, interest, chits and demand what.o.•et of the /sald pare of the first part, either In lea er
equity, of, in and to the .1,ov, bargained premises, with the hereditament& and appurteraaea
TO RAVE AND TO HOLD the laid premises .Dov. hargaioed and described, with the appurtenances. anti Or
maid partiu of the second part, their heirs and a.aigas forever. And the maid party of the Twat pact for himself. )lis
brats, executor.. and administrators. doe. covenant. grant, bargain and agree to and with the said parties of um
second part, their Dein and usig*., that at the time of the .....ling and delivery of these presents, h. L w.D *dud
of the premises above conveyed as of good, sun, perfect, absolute and Indefeasible estate or Inheritance, 1a Lw. In
fee simple, and hes good right, full power and baleful authority to grant. bargain, tell and rotary the same 1r. ,..••.er
and form aforesaid, and that the same sae free and .lar from all former and other grant,. bargains, ..1ry lies
taxes, u.eesments and encumbrances af whatever kind or satyrs weever,
and the .Sova Farraine{ premises to the Quiet and peaceable luseaaioa of the said parties of the ...rand part. the
•urvi•or of theta thew aaaiges sad the heirs and assigns of each .arri.00..gainst all and every parson err
Lofl.11y rt.7,zing or to claim the whole or any part thereof, the said party of the first part ear sad oDl WARE_A.1 T
AND FOF.EVEE DEFEND. The singular number shall Include the plural, the plural the eiegular, and the w dap
gender shall le .=plicas!e to all geodes
IN 'WITNESS WEF-REO? the said party of tb• fust put has hereunto sat his band and sal the day and year
fust •Ives o*.t . �,C`
Sir et 5
Sealed and De..red in the Truer,* 1 4 CL -A lsUs.l
�eI11f I�I��tGatyoY--
�c i[h��`'fr.dal�ez-s'e�sc'Z jstiu'1
. (scAsl
j,71.:IpSrATE OP COLORADO.
.,•` •• C Coaztia Garfield
�`
'Rn ftjo=r_od hlssaeat was .ckoowledged before me this 10th
_r •F.PT7 ,Lindauer and Edith Lindauer.
^;y flrnfi_s-r.Qy�ei June 1 , » 74 . �t l� ey Lad sad eettLl me/
•
day est January .1a 73
t D.0 �t OP►°
14.. 171A_ w.... Wvs OEM -T. r.ar T•••••••••-110.•/•••• ru,..a,e taw 2011 ►.,..a 1:1.0•••••-.411
•1r 1. set...!+.i1. r e ••••••• •••-••••••,••• r— *'b1.7r
•••••••••-1.-11011.
aa.. 1..r. 1Jr. 'ti.0••• r 0 0e.0 a—,—.•.� •••••
.0.1•••• ••wr.,r aa.W••••.•a M.rvr ••••••...1.0.••••01. 110. 11Y1 - 1"..111.111"..111.11"..111.1111000...
1x .
Rocordsd at 11 : 3.Q o'clock ...ra 2L., D.ec.... 2.0... 1957
I: +peen No.....2.00110 Chas. SKeegan
Recorder.
TFUS DEQ, Dfcde thin lath sky December
in the ybr of our Lord ciao thousand Line hundred End fifty -sewn
- betwocr!
KLRL A. LINDAUER and
IVA TAYLOR LINDAUER
of the County of Garfield
Lad State of Colorado, of the first pert, and
FELIX LI!WALER, EDITH LI irtArc.R, ORI/.! LINDAUER
and LLICE LINDAUZR
Dock 306
Page 131
cf the County of Garfield
and State of Colorado, of the second part:
WITNE8f.LiTE , That the said p::.riiet of the first part, for and in consideration ce the sem of
TEN DOLLAP',D AND OTEER VALUA; LE CON2IDL'LTIeir
DOLLARS,
to the said jw.rt /en of the first pert in hand paid by the raid parties of the atcon.i p;,rt, the receipt whereof is
hereby confessed end acknowledged, he -re granted, besrrrined, cold &r4 conreycd and by theme presents do
int, 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 aasir-ns and the heirs end assign* of such survivor forever, all the follow -
far dexribcd lot or parcel of land, situate, lying end being in the County of
Garfield and Mf..sa and State of Colorado, to -wit:
This Went h 1f of the .c'.outht.act Quarter (id °Ek), the
Wert Ten acres of the Southeast Quarter of the South -
cart Quarter (Sr.ySE;) of Sec. Three; the North Half
of the Northeast Quarter (K NEZ) and the East Iialf
of the Korthwest Quarter (Le,NLT4 ),' Sec. 10, all in Tp.
EiEht ;south, Mange Ninety six west of the Sixth
t-rtncipatl Meridian; together with all water and ditch
rights appurteu rt to raid lands and includins, but
without liaitation all grantor' a interest in and to
the Estella Ditch too. 92 with Priority No. 144A out
of Wallace Creek.
Together with any and all other waster and water
rights, ditch and ditch rights used upon or appurtenant
to any of the above described lands.
Excepting and reserving however, unto parties of first
part an undivided one-half interest in and to all ail,
gna and other minerals, in, on or unser the above
described property, together with the right to prospect
for, tine and reve the Ecznti.
Together with rn undivided one-third interest in the
cabin used in connection with the range rights end
lilac) together s'ith any and ell range right& conne:rte
with thekr.2-?' t„r ? :il •-t,hn•prnzties of the first
part to the pErtiaa of the second pert by laaoc of
even date heresc:; 4:h..
TOGETHER with all and siugvler the hereditaments and appurtenances thereunto btloncia , cr in anye:iu
appertaining, and the rrlertioa and revcraions, remainder and remLindera, rents, ie.ur+s and prrfiw there‹ -f; and
all the estate, right, title, ir.tcrect, claim and demand whatsoever of the amid pertieF of tho first part, either in
law or equity, of, in and to the above trrg&ined premises, with the hereditaments and LF;;crtcncreej.
c'r._
Book 306
Paz -ie 131.
TO HAVE AND TO I1OLD 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 ie3 of the first part, for them sel vea, theirheirs, executors, and adrnlnistrstorn,
eo covenant, grant, bargain and agree to and with the acid 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, they are 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 he ve good right, full power and lawful authority to grant,
bargain, sell and convey the seine in manncr and form aforesaid, and that the same are free a..d clear from all former
aid other grants, bargains, salt's, liens, taws, assessments and incumbrances of whatever kind or nature, :'oever,
and the above bargained premises in the quiet and peaceable possession of the raid 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 claire the, whole or any part thereof, the said pArtie a of the first part shall and will
WARRANT AND FOREVER DEFEND.
IN WITNESS WRE2EOF, the said parties of the first part have hereunto setth$ir hands and
seal S the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,
County of Gr„RFIELD
The fore-rsi7 instrument was acknowledged before rre this 18th day of Decer.ber
t. L. i . 57 ,b7* 74741 A. Lindtuer and Iva Taylor Lind.uer.
1.31,.4,7:-A' +rat a-apires , 19
sot:rN—wr.„- de4i 6�Ylre4 .Male, 22, 1ri5
, n.. - .. J a :
� 4 _ te
t lbr`aadatiererf-ts-Gael.
�o .�.::.<-�'_:t.r.4ij„Yit.� a. �yera+ irra Icur:t ca=.r e: r. enw.; it lrl-Psr.�ov actin."' To i`-'pri.«s�:.a�i.?'Kr o!f'aT+S �pacit7 - ^
•.-p,,N, r.-$1,4 .0 . A- +.aaA attorney -re -fact 4'o,r, attornin-fact or osr capaci.y or cAraertoros ; if by o:'fteor of rnrporat.oa, tiara inert Noun. of sloth
0--.�..., s- rs t o Lars beat or at..r of:leers of ouch cnrporatw>n. naming 11
0.-"'..1'..-42`..---..'
/ 53.
....... [SEAL]
... [SEAL]
. Wltry,{ta nay hand and official seal.
r.
%icrary RoLtfa.
11. 31
f:ccor.tad at ............. _.. o'c,cck
A II, Dec. 20
1952..._ ..__ .... .
Rcceptioa No 200111 Chi 5..,.... a... Kee< ri Recorder.
1
THIS INDENTURE, Stas• this . .............day of i,''w�e-iLlAr
In tie year of sur Lord On.; Thou.ind Nine Hundrrd and..fffr,}i' '•.Y.e.rlbetween
..r'LIX .LINaA'taU, SD1TH L1.11D ►JZ11,.._0a.LAND .L1 DAf..R aIL
.. .. AL LC? 1.I1U)AUE R.
County of ... ....._Ci r i C l (r - and State of Colorado.
of 1bf first part, and the P'ibiic ?rustaa of the
County of t'llr. tt , in the State o1 Colorai.o, party of
the second part,
+I, The part .10.2. of the first part ha.Ve.execut i
promissory note rote bearing even dote herewith, for the
Book 306
Pale 135
_c i d2CI ,-
1
prtnc!pal sum o1�--^--"---------- --TEN Twais.AND Dollars
payable to the order of...1712..-F.T_i3ST.. N &TIf iAL_ --'t BA,11-X. +i. D...s FIXINGS T'0,...A.. ...
-twx- g dcwith interest thereon from date until
matur'ty- at the rate of _at:4 per cent per annum, interest payable ...-G?M+.--ami ;11y ►Psi` ci *t1.a1
payable in the sum of $1x000.00 op or before one year ...fz.ca.._date thereo.f...ansi....
the _further ..z3,1-4. af...%.1., Q Q...QQ..ort.. A;....A.P fore.. e4tch .sed_ evazy...y eafter
a total_ .of.
A;,^D TUDitMAZ, The said part.ies..of the first part are desirous of securing said promissory note
1O'
7:1DD•:11701i.3, The said parLL'.3 of the first part for the purpose aforesaid, do hereby grant, bargain, mall,
and convey unto said Public Trustee the following described property. situate in the
County of Garfield and State of Colorado, to -wit:
The ElINE1/4 and the NEkSEk, Sec. 29, Tp. 6 S., R. 96 W. 6th P. ld., containing
120 acmes, more or less, together with one-half of one cubic foot of water
per second of time from Priority No. 83 and Priority No. 132 in the Low
Cost Ditch frost Parachute Creek in Water District No. 39. Also 1.1 cubic
feet of water per second of time out of Priority No. 14311 in the Low Cost
Ditch. Also, any and all water rights in the Flood Water Decree pertaining to
said land.
Also, Lot Four(4), Section Twenty-eight (28), Township Six (5) South, Ynngs
Ninety -nix (96) West of the Sixtr Principal erldian. containing 40.53 acres.
A4L O,
rha Usat half of the Peuthaast Quarter 1;c1'I;:.34), the
mast. Ten arra► the r...autl:.s,..at Warta: of the aoutl^-
e.est Quarter (:'1' k° ') of sec. Throe;_tha North half
of c!:, northeast_.,?oarter �* yak) rad the East Half
of tht Northwsvt Quarter (4M), Stc. 1_ nil in Tp.
Eight South, range nasty Aix want of Cha Sixta
Principal Viridian; tosrtthar with all water and ditch
rights appurtenant to said le.nda and Including, but
with ,), -at limitation all grnntor'a interest in and to
the Estella Ditch No. 92 with Priority No. 144A out
of 'Wallace Croak.
Toaethar with any and all other miter and water
rights, ditch And ditch rights used upon or appurtenant
to any of the above described lands.
Excepting and reserving howevar, unto parties of first
part an undivided one-half interest in and to all oil,
gas And other txinerali, in, Al or under the above
described property, toget er with the rign'- t.o prospect
fcr, mine and rcrovt' this saue.t.
Together with an undivided one-third :ntrre . in the
cabin used in connection with tis ran,gi cigh•.r and
alai) coge:her 'itth any and ;IF, range ~ijh':t Lcnnecced
-a: th the it o2ert3 -14+ y sir tpsrtien to second
parties by letee of even data herewith.
)O
e
,melee, It. 1 eon, than upon the teneticut, ). et+•. +�
•`f • • Loci • w r rrustee to
sell said property in the manner provided by law for cash at public au•-'. L• door
of the Court Hoses In the t ••ent> ,i yell ~ 1d Is the
Neu.**
State c•f e'. wa,,. upe.a advertising notice of sale weekly, for not learn then four wo-,ic.a :o Dome newapapwr .r ,r.n.•,;
clroulatt .., .: elem. tie• es,trr.tton of the time of redemption, to make and deliver to the purchaser or purchas.ra a n.a
her or :be'> what:gets & dead or dreda of conveyance to the property sold, and out of the ,proceed* of such Sala, atter firm,
pay leg and retaining all teas. charges and -coats, and all money advanced for taw's, litsuranoe and saxeaements, or on any'
prior encumbrance, with Literest thereon, to pay the prleipal and interest due en said note rendering the overylus
(tf any) unto the said partl.N.$ of the first part, t.h.e.j r legal representatives or assigns and the said beneficiary
ti may purchsee nald property or any part thereof;
it And the aald partlS.El..of the first part, for thei elv.e.s .-.ta..eir.hetra, executors and administrators,
l•
i covenant and agree that at the time of the enseeling and deliveryof these resents,
P .t.h Qjr.. 3:.e......well
seized of the above deaertbed premise* in fee simple, and that said property is free and clear of all Ilene and encumbrances
whataoever, except
1•
and hatt..l£y will keep all buildings insured for the Insurable value thereof, with Iona payable to said beneficiary, and
will pay all t..xee or asaess;nents against exatd property, and any amounts due or becoming due on any prior encumbrance,
and if a release be desired, the osper.ae thereof, and In case of foreclosure, a reasonable attorney's fee;
And It la stipulated end agreed that in ciao of default in payment of principal or interest as aforesaid or a_ breach of
any of the covenants or agreements herein, then acid principal sum hereby secured and Interest thereon may at the option
i! of said beneficiary become due and paysble at once. anything in said note to the contrary notwithstanding and poeseeaion
of said property will thereupon be delivered to said beneficiary.
II Z~f "FIV- yHB 1,T21..:sOX, The said partteS.. of the flrat part have hereon',/,' alt. .....tla.e.i r -...handl ens
11 sea1S the day and year 11rat above written. f ..- l�
'i - P ,� f C - -�
r3( `?3 „ [:a�' ✓if .(SEAL)
r
.. F.. :;1.'"Vcy%i- ��..---4rx,..4.- c7---r•-'`-i;, :-1_. . (&.eb �...t -t,-4.-e,-9/2.. . .. ,SEAL)
STATE OF COLORADO,
County of GARFIELD
1
The foregoing instrument was acknowledzed before me this 18th day of December
4r•:4`e1L& Landauer, Edith Lindauer, Orland Lindauer and Alice Lindauer.
it,
Yo.,. � •e;k adv gg.3 j
fi �•
i
T:;(� 5_yitness my hj;yd and official s-
4 L-.
:n s .. J. C...-1:az
Not ayf Public.
yt•k, .vrr1417/ :7 7YJST TO pi ELIC TRGSTCti--8a+rt Fore, Statatery Aekeo.ledj,s.et, Ste 11&•6-1 (",lural! .4.rised Sta.vt..r MS.
- (:^adfori-liobinwn Pte. Co.. litre. ttobIONn'a L..ital :slams, l.i:4.-,8 Stout St.. Denver, Colorado
j
• ( •
Recorded at 11 : 32 .o'clock r' ...Ms., .. Dec 20 .1957... ---....
Rexeeptioo No..200.] ..2. Cl111s.....:i... ;�L'L'Fan. Lecorder.
Book 306
P,',e
TILTS INDENTURE, made this 18th day of.....-Decmr413e? ..............•.
In the year f our L,,rd One Thousand Nine Hundred and fifty-sevel1,etween
iFe1ix Lindaucr,Edith Lindauer,0rland Lindauer and A1ice.-Lind.cuer
Grand Valley r;
shove address 1s j , 1 0 _^ 7-11C 0.712
County of
Garfield
of the first part, and the Public Trustee of the _C t
1 Court) -of Garfield t 1 L c C
In the £tate of Colorado, party of
' the second part, wrerzi&r", tit _
F)LA'Z wIf 1 flJJi, The pe.rtiL'..S of the firm part have. executed t,.h..eir Page
promissory note bearing even date herewith, for the _i`(.`'r`'i
principal sum of
THREE T?QUaL D NO/100
Dollars
payable to the order of......_KARL ..A..._LIU ... .ad...ZVA 01..LINDAITELL
.f JJ
with interest thereon from date until
maturity at the rate of riix annually_„ in
per cent per annum, Interest payable �r1....F�......c {pal
payable on or before five years from date, or on or before Dece►.rber 18, 1962:
d.ltsll iY g,:ilLS, The said partieS...of the first part... ..... ere desirous of securing said promlasory note
NOW •lr.W.IletZPO}i.r, The said part.i.i.*...of the first part for the purpose aforeaa.ld, do hereby grant, bargain, sell,
and convey unto said Public Trustee the following described property, actuate to the
County of Garfield and Mesa and State of Colorado, to -wit:
The WISE', the West 10 acres of the SFkSE3/4 of Sec. 3; the NI;INE1/4 and the
E NWk, Sa:c all in Tp. 8 S., R. 96 W. 6th P. M., together with all
wsr:ter and ditch rights appurtenant to said lands and including, but
without limitation all grantor's interest in and to the Estella Ditch
No. 92 with Priority No. 144A out of Wallace Creek.
Together vith any and all other water and water rights, ditch and ditch
rights, used upon or appurtenant to any of the above deacribcd leads.
Excepting i'nd reserving an undivided one-half interest in oi1.,gxs grad othez
minerals, in on or under the above described property, with right to proetaf::t
for, 'sense and remove the Emma.
Together with tn undivided one-third interest in the
cabin uead in connection ction with the range rights aatd &1co
toget# -t with mt ' as.4 all range rights connected With
the pfaperty ieast:d by the ps^rties of the first part
to the portiere of the second part by lose of .erg -1 data hervtaith.
,ii ury) unto ue rites psrt..h.>r We w .........
may purchase said property or any pr -rt thereof;
And the raid parti.e-a...of th• ftret part, for thea .rel..Y.e. , ..th..S r..heirs, executors and administrators,
covenant .and arae that at the time of the enaesling and delivery of theca presents, t.hCX... ... A.r.4`....... well
rained of the above dererlbed premises to fee simple, and that said property ie free and clear of all liens and encumbrances
whateoet•er, except a first or prior deed of trust to secure the mnkers prof -. cory
note in the principal sum of $ L0, 000.0Q payable to the First National int: of
Glenwood Springs, Colorado, of even date herewith.
and that rh.ey will keep all bulldlnes Insured for the incurable value thereof, with Ions payable to said beneficiary, and
will pay all taxes or axaestrnenta agafnet said property, and an) amounts, due or becoming due on any prior encum:,rance,
and if a release be desired, the expense thereof, Pend in case of foreclosure, a reasnr.abie attorney's fee;
And It le stipulated and agreed that In cane of default In peyment of principal or Interest ae afor•aald er a breech of
any of the covenants or at Teome.eta herein, than said princlpel sum hereby secured and interact thereon may at th• option
of &aid beneficiary become due and payable at once, anything In &aid note to the contrary notwlthetendlna and pcaa-weelon
of said property will thereupon be delivered to said beneficiary.
ZA Wrzi res warTTazer. Tho said prrt.ife-F..ot the first part h3C.0 hereunto ret..tht.i.r hand..; -and
■cal..A. the day and year first above written.
lYryrre t:
STATE OF COLORADO,
1•
r^ ,,, County or GLRl?IELD ae.
-- � twc+ cfs:a; {natrument wa9 acknowledged before me this 18th day of
Decem`,;er
1. 19 ^= • '"- -t4•�,ix Lindauer, Edith Lindsuer, Orland Lindauer and Mice Lindauer.
' ti• t tiniest 17 Witness ,, d and o fit:VI:'
, '� t4res March 22, 191 / /
rF2,7pcr' 5_ ,1i•.µ:_+. . .v _ 1_ :7, - `.1"-__713
:rc COC'
1. w
r (le .1.1 •
Notary Public.
i
STATE OF COLORADO, t
COUNTY OF GARFIELD. j ss.
The undersigned hereby certifies that the foregoing - - - - '=ot -
number
to
- : ) -
entry-ies
, inclusive, constitute -s a true and correct yon •: _nua `_-_ca
Abstract of Title showing all instruments which appear of record in the office of the County
Recorder of GARFIELD County, Colorado, from Cc 19571. 2 11:35
to the day and date hereof_ affecting the title to
r.,7 -15(z1,-714, ' r., t [ : SSi .- of Section �Ln ,J � 10acres of the ��, �,,�,;� ,,_c Lion 3;
NNt? NE and the E1/2N-.T1-4 of Section 10; a1-1- in Township
'large 9 Wes: o:. the =th. Principal Iferidzan
in GARFIELD County, Colorado.
Seals were affixed to officers' Jurats and date of expiration of Notary's Commission unless
otherwise noted.
That due to conditions prevailing in GARFIELD County, Colorado, the following excep-
tions are made:
That the undersigned is a duly qualified and bonded Abstracter operating under a license
granted by the State of Colorado, and is a member in good standing of The Colorado Title
Association and of The American Title Association .
Dated at GLENWOOD SPRINGS, Colorado, this - - - i:h - - day of
Decemher A.D. 19 57 11:32
THE GARFIELD COUNTY ABSTRACT COMPANY
AWidri
.gezretas5,eitratiscr President
