HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISS]0 N S 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 January 2, 1979
Section 2.02.01 (d) and 3.02.01 the undersigned
J
// 2i.respectfully petitioners the
Board of County Commissioners of Garfield Courjty, Colorado, to exempt by resolu-
tion the division of f , a,tc,f-acre tract of land into tracts of
approximately', y 7/lc p/54cacres 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 (10) (a) -(d) and the Garfield County Subdivision Regulations,
for the reasons stated below:
In support of this petition, the petitioner also submits the following:
"A! Map drawn to scale showing proposed lot subdivision
and access.
Copy of deed
Vicinity map
Statement on source of domestic water /1, 7 "
Statement on method of sewage disposal -5-,
100 year floodplain information where
live stream crosses or adjoins said tract ti O
-Er. Evidence of the soil types o/W
-#-- Copy of Assessor's map showing the property
J. Practical description of property location
Fee in the amount of $ 6-7(9)0 .
K. $200.00 fee for each new lot created— 19 gi
Submitted at Glenwood Springs, Colorado, this j D day of (7-G A/�
rY)(21Peti loner
0/")- •cD no 9/4Vc L, �.s C c,C
Mailing Address
/V/GL'c)or� S C/T//J
1-/ S"- SS o 2 —R6`35 > e-wL
Telephone Number
• EXEMPTION 410
One of the following requirements must be met to qualify for an exemption from the
Garfield County Subdivision regulations:
1. The newly created parcel will be for a spouse, son, daughter, or spouse
of a deceased child.
The subdivided parcel is split by a public right-of-way (State or Federal
Highway, County Road or Railroad) or natural feature preventing joint use
of proposed tracts and the division occurs along that public right-of-way
or natural feature.
3. The newly created tract will be owned by a public entity or will be used
solely for the purpose of providing access to existing parcels, resulting
in the creation of no additional tracts.
4. The conveyance is for the purpose of adjusting property lines, and the
conveyed tracts become part of existing tracts, there being no new parcel
created.
5. The proposed tracts were created and separately identified prior to the
1st day of September, 1973, or were created and separately identified
through the exemption process prior to the effective date of this resolution.
6 The property being subdivided has been under the same ownership for at
-J least five (5) years, and the division together with any earlier permitted
under circumstances not defined above, will create no more than three (3)
new tracts under 35.0 acres in size.
All new parcels created must meet all requirements of the applicable zone district.
Procedures:
1. Applicant will obtain a copy of the petition for exemption from the
Planning Office.
2. The completed petition for exemption will be returned with the required
information as outlined on the application.
3. Upon review and determination that the application is complete, a meeting
with the Board of County Commissioners will be set by the Planning Office.
4. If approved by the Board, a legal description of each new tract created
will be furnished to the Planning Department within 120 days. A resol-
ution will be prepared and signed by the Chairman of the Board granting
the exemption.
The following information will be submitted along with the petition for exemption:
A. Map drawn to scale showing proposed lot subdivision and access, existing
homes, wells, etc.
B. Copy of deed and letter from property owner, if other than petitioner.
C. Vicinity map with the total property acreage outlined (copy of USGS
quadrangle map showing property location or equivalent).
D. Statement on source of domestic water to each tract (individual well,
community well, spring, cistern, municipal system, etc.) If a community
or municipal system will provide service, then a letter from the governing
body stating the willingness to serve the parcels must be provided. Please
indicate clearly whether you are referring to proposed or existing service.
E. Statement on method of sewage disposal (individual system or community
system). If a community or municipal system will provide service, then a
letter from the governing body stating the willingness to serve the parcels
must be provided. Please indicate clearly whether you are referring to
proposed or existing service.
F. 100 year floodplain information where a live stream crosses or adjoins the
proposed subdivided land.
G. Evidence of soil types and characteristics of each type (may be obtained
from the Soil Conservation Service in Glenwood Springs).
H. Copy of Assessor's map showing property and adjoining area.
I. Location of property in relation to cities, towns, County Roads, etc.
(example: 4 miles west of Glenwood Springs on Co. Rd. 134).
J. Fee: $50.00 plus $1.00 per acre for each parcel created under 35 acres in
size. Checks should be made payable to "Garfield County Treasurer".
K. If approved, you will be required to submit a $200.00 school assessment
fee for each new lot created, as per the Garfield County Commissioners
Resolution of April 20, 1981.
NAME:
EXEMPTION
PURPOSE OF EXEMPTION: Z
ZONING: /e/6/ 2) (?Q,cra)
QUALIFICATION FOR S.B. 35/ Li/�_0../7-" p /6)/(2 _ L
Lo 4? nal" fez161'
L 0 CAT ION OF SITE: a) //a, ,/- ,L U `-ZQK)(.." YJo) 4r) 1-` -770
WATER: TO
DIV. OF WATER RESOURCES RESPONSE:
SEWER: h /�
CHECK LIST:
OQFEE PAID ($50 +1.00/acre for each parcel created under 35 acres)
X MAP showing proposed lots and access
---*---DEE D
--` VICINITY MAP
a 100 yr floodplain info.
f7/a SOIL MAP
/-J/4IF community water, letter of approval from governing body
,UGc� SLB
37��`�
COMMENTS:
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KKBNA
Scarrowl Walker
Incorporated
Consulting Engineers
Land Surveyors
• •
REVISED PARCEL "A"
A parcel of land situated in the NW 1/4 SW 1/4 Section 2,
Township 6 South, Range 89 West of the Sixth Principal
Meridian, lying westerly of the easterly boundary of said NW
1/4 SW 1/4, southerly of the Interstate 70 southerly
right-of-way, and easterly of the U.S. Highway 6 & 24
northeasterly right-of-way, is more particularly described as
follows:
Beginning at the Witness Corner to the West Quarter Corner of
said Section 2, a brass cap found in place; thence
S.59°46'00"E. 977.67 feet to an iron pipe in place, the True
Point of Beginning; thence N.25°31'00"E. 202.35 feet; thence
N.24"18'00"E. 58.54 feet; thence 5.77°27'26"E. 16.81 feet;
thence S.00°55'00"W. 172.31 feet; thence S.80°16'00"E. 42.83
feet; thence S.78°55'00"E. 109.39 feet; thence N.00°55'00"E.
13.32 feet to a point on the southerly right-of-way line of a
20.00 foot access easement; thence S.79°52'38"E. 14.71 feet
along said southerly right-of-way line; thence 44.79 feet
along the arc of a curve to the right, having a radius of
45.66 feet, a central angle of 56°12'33", chord bears
S.51°46'31"E. 43.02 feet; thence leaving said right-of-way
S.89°05'00"E. 26.06 feet to a point on the easterly line of
the NW 1/4 SW 1/4 of said Section 2; thence S.00°55'00"W.
99.90 feet along said easterly line; thence leaving said
easterly line N.78°55'00"W. 201.11 feet; thence N.80°16'00"W.
152.46 feet; thence west 227.30 feet to a point on said
northeasterly right-of-way; thence north 20.00 feet along
said right-of-way; thence leaving said right-of-way east
227.30 feet to an iron pipe in place, the True Point of
Beginning, containing 1.10 acres, more or less.
Revised August 4, 1981
KKBNA, INC.
1001 Grand Avenue
Glenwood Springs, CO 81601
Recorded at I, o'clock M. UU! 2 U 18/
6804 MILDP.ED ALSDORF, R•RDER
G�.FFIELD COUNTY, C RADO
Reception No
r A-0
P'r:E16S
AmetwO geed
KNOW ALL MEN BY THESE PRESENTS THAT
LYLA M. MICHELS
First Party
0178 Michels Circle
P.O. Box or Street Address
Glenwood Springs, Colorado 81601
City
State Zip
RECORDER
GARFIELD
OCT 2 0 1987
State Doc. Fee
—1 -LE
* 0 a Colorado Corporation
❑ a Partnership
❑ a Limited Partnership
for and in consideration of ten dollars and other valuable considerations, in hand paid, hereby sells and conveys to
JAMES L. ROCKWELL and DELLA J. ROCKWELL
Second Party" "--"
300 West Holly
P.O. Box or Street Address
Orange City, Florida, 32763
City
State Zip
*❑ individually
n joint tenancy
❑ tenancy in common
❑ a Colorado Corporation
❑ a Partnership
❑ a Limited Partnership
the following described property in the County of Garfield and State of Colorado:
See Exhibit "A" attached hereto and incorporated by reference herein
with all its appurtenances and warrants title to the same, except and subject to general property taxes for the
current year, U.S. patent reservations and exceptions, any and all easements and rights of way of a public or
private nature, planning, zoning and other governmental rules and regulations and prior oil, gas and other
mineral reservations and exceptions, if any , and except and subject to easements across the
property for the water lines as presently existing, together with the right of the
owners of the parcels served by those lines, which right shall run with the land, to
maintain and replace the same.
SIGNED this 20th day of October A.D. 19 87
LY.A M. MICHELS
STATE OF COLORADO
ss.
COUNTY OF GARFIELD
The foregoing instrument was acknowledged before me this 20th day of October,
19 87 by LYLA M. MICHELS.
Witness my hand and official seal.
i M inL. 1- expires: 8- ICo- 8Q
\fir. %h
NOTE: _�
• It applicable; mark scuarewitp x:':.1
Singular'st)all ihclude plural 0s context requires.
'l .r
Notary Public
11.50
T;.
•
• •
EXHIBIT "A"
723 p'r:Ei59
TO BE ATTACHED TO A WARRANTY DEED FROM LYLA M. MICHELS, FIRST
PARTY, TO JAMES L. ROCKWELL AND DELLA J. ROCKWELL, AS JOINT
TENANTS, SECOND PARTY
A parcel of land situated in the NW'/,SW'/, of Section 2, Township
6 South, Range 89 West of the 6th P.M., County of Garfield,
State of Colorado, said parcel lying westerly of the easterly
boundary of said NW%SW'/,, southerly of the Interstate 70 right
of way and easterly of the U.S. Highway 6 & 24 northeasterly
right of way, said parcel being more particularly described as
follows:
Commencing at the Witness Corner to the West Quarter
Corner of said Section 2; thence S. 68°13'22" E.
1205.40 feet to a point on the southerly line of a
20.00 foot access easement, the True Point of
Beginning; thence S. 79°52'38" E. along said southerly
line 14.63 feet; thence continuing along said
southerly line along the arc of a curve to the right
having a radius of 45.66 feet and a central angle of
54°33'44", a distance of 43.48 feet (chord bears S.
52°10'22" E. 41.86 feet); thence S. 87°05'00" E. 27.10
feet; thence S. 00°55'00" W. 99.90 feet; thence N.
78°55'00" W. 201.11 feet (deed = 199.82 feet); thence
N. 80°16'00" W. 152.46 feet (deed = 152.72 feet) to a
point on the southerly line of said 20.00 foot access
easement; thence along said access easement along the
arc of a curve to the left having a radius of 59.55
feet and a central angle of 43°57'51", a distance of
45.69 feet (chord bears N. 68°01'04" E. 44.58 feet);
thence continuing along said access easement N.
46°02'09" E. 94.80 feet; thence continuing along said
access easement along the arc of a curve to the right
having a radius of 28.70 feet and a central angle of
35°05'09", a distance of 17.57 feet (chord bears N.
63°34'44" E. 17.30 feet); thence S. 00°55'00" W. 10.17
feet; thence S. 80°16'00" E. 42.83 feet; thence S.
78°55'00" E. 109.39 feet; thence N. 00°55'00" E. 13.31
feet to the True Point of Beginning.
TOGETHER WITH and subject to a joint use access easement twenty
feet in width, being ten feet on each side of and parallel to
the following described centerline:
Beginning at the witness corner to the West Quarter
Corner of said Section 2, a brass cap found in place;
thence S. 50°52'11" E. 795.90 feet to a point on the
northeasterly right of way line of U.S. Highway 6 and
24, the True Point of Beginning for said easement;
thence leaving said right of way line, East 227.30
feet to a point of curvature for said easement to be
called P.C. Number One; thence 38.02 feet along the
arc of a curve to the left having a radius of 49.55
feet and a chord which bears N. 68°01'05" E. 37.10
feet; thence N. 46°02'09" E. 94.80 feet; thence 36.53
feet along the arc of a curve to the right having a
radius of 38.70 feet and a chord which bears N.
73°04'45" E. 35.19 feet; thence S. 79°52'38" E. 157.07
feet; thence 175.38 feet along the arc of a curve to
the right having a radius of 55.66 feet and a chord
which bears S. 10°48'53" W. 111.32 feet; thence N.
78°55'00" W. 119.84 feet; thence N. 80°16'00" W.
141.79 feet; thence West 12.68 feet to P.C. Number
One, as same crosses subject property.
•
r n
3
3:::K 72
?.cE1 0
TOGETHER WITH a proportionate interest in the Noname Creek
Water Association, Inc., as represented by those shares of
stock transferred and assigned contemporaneously herewith.
This conveyance involves a boundary adjustment. Parcel D, as
approved by the County Commissioners of Garfield County,
Colorado, in Resolution No. 81-257, has been decreased in size
by the merger of a portion of said Parcel D into Parcel B, as
created by said Resolution No. 81-257.
-2-
43
$— 17.000.00
1'ItOMI:iSORY NU -TI:
Secured by Deed of Truss
Glenwood Springs, Colorado April 28
25381
FOR VALUE RECEIVED, I or We, promise to pay to ROCKY MOUNTAIN SAVINGS AND LOAN ASSOCIATION, A Cor-
poration, at its office in Glenwood Springs, Colorado, the sum of Seventeen Thousand and no/100 - - -Dollars,
($17,000.00 ) with interest at the rate of 6.6
per cent per annum from date. Said principal and intere4
shall be paid in monthly installments of $ 149.09 , or more, the first monthly payment being due on the first
day of June , 19 64, and each subsequent monthly payment shall be payable on the first (and
delinquent after the last) day of each and every calendar mon ;:h thereafter and including the first day of May
A.D. 1979 . This note is secured by deed of trust of even date executed by the makers hereof and set forth below, and
payments shall be applied and credited as stipulated therein.
It is agreed that in case any of the monthly payments are delinquent the Association may at its option declare all of the
remainder of. said debt due and collectible and thereafter the entire indebtedness shall bear interest at the rate of eight
per cent per annum.
In case of foreclosure the makers hereof agree to pay all reasonable costs and attorney fees.
This Indenture,
between
f.
DEED OF TRUST
Made this 28th day of April , A. D. 19 64,
RALPH E. MICHELS and LYLA M. MICHELS
whose address is' Glenwood Springs County of Garfield
and State of Colorado, part ie Sof the first part, hereinafter d esignated party of the first part, and shall include his or their
successors in interest, and the Public Trustee of the County of Garfield , in the State of Colorado,
party of the second part.
WITNESSETH, That Whereas, the party (or parties) of the first part have executed the above promissory note bear-
ing even date herewith for the sum of Seventeen Thousand and no/100 - - -Dollars ($ 17,000.00 - - -)
payable to ROCKY MOUNTAIN SAVINGS AND LOAN ASSOCIATION, hereinafter designated the Association, whose ad-
dress is Glenwood Springs, Colorado, with interest from date on the unpaid balance at the rate of 6.6per cent per annum,
both principal and interest to be paid in monthly installments aggregating $ 26,836.20, payable on the first day of each
month, all of which payments shall be applied: first, on interest; and then, on the principal indebtedness, until said Note is
paid in fulL
In addition to the monthly payments set forth in said promissory note, party of the first part also agrees to pay to the
Association concurrently with the above required monthly payments on said note, one -twelfth of the sum of the annual gen-
eral and special taxes assessed and levied on the hereinafter described real estate, insurance premiums and other agreed
charges, estimated to be $ 21.50 per month, and if said monthly payments are not sufficient to pay said items, first party
agrees to increase such monthly payments or to pay any deficiency thereof upon demand.
AND WHEREAS, said party of the first part is desirous of securing the payment of the principal and interest and all
other sums due under the terms and conditions of said note and this deed of trust, in whose hands soever the said note
may be, and is also desirous of securing the payment of such additional sums which may hereafter be advanced by the hold-
er of said note to the first party or to the then owner of the property hereinafter described, provided however, that any such
advances shall be made prior to the first day of November , 1978 , and be evidenced by notes, drafts, open
account or otherwise, with interest at the rate of 6.6 per cent per annum, which advances shall mature and become
payable not later than the final maturity date on the note above described; providing further that the making of such ad-
vances shall be OPTIONAL with the holder of said note and that the aggregate principal amount so advanced, together
with the indebtedness evidenced by the above described note s hall never exceed the sum of $ 18,000.00 .
NOW THEREFORE, Said party of the first part in consideration of these premises and for the purpose aforesaid, does
hereby grant, bargain, sell and convey unto the said party of the second part, in trust forever, the following described prop-
erty situated in the County of Garfield and State of Colorado, to -wit:
A tract of land situate in the NW'SW', Sec. 2, T. 6 S., R. 89 W. of the 6th P.M.
and more fully described as follows:
Beginning at a point whence the West Witness Quarter Corner (W 1/4C) of said
Sec. 2 bears N. 59°46' W. 977.67 feet; thence N. 25°31' E. 202,35 feet; thence
N. 24°18' E. 113.34 feet; thence N. 3.5 feet; thence E. 219.8 feet to the East
line of said NWkSWk; thence S. 0°55' W. 373.9 feet along East line of said
NWkSWk; thence N. 78°55' W. 199.82 feet; thence N. 80°16' W. 152,72 feet; thence
W. 227.3 feet to Easterly line of U. S. HighwayNo. 6 and 24; thence N. 20 feet
along Easterly line of U. S. Highway No. 6 and 24; thence E. 227.3 feet to the
point of beginning, containing 2.5 acres more or less.
Together with all water, water rights, ditch, ditch rights, reservoirs and
pipeline rights appurtenant to or used upon or in connection with the lands above
described.
11
now or hereafter attached to or used in connection with said
including all heating, plumbing, lighting and other fixtures byt formero conveyancesruinthereofnnectand subject
property; but subject to all restrictions as to the use of said premises imposed
ji to e
tens trust for the uses and purposes
shall declare existing easements and rights of way.
TO HAVE AND TO HOLD THE SAME, Together with all and singular the rights, privileges, improvements, and appur-
and upon the terms herein stated.
noes thereunto belonging or appert
aining, in r to that
Whenever the legal holder of said note, hereinafter designated as he Association,sin shall
st thereon, toro thea default Trustee the
there has been a default in the payment of said indebtedness or any p or conditions of
1� payment of any other sums of•money advanced hereunder,rtgorr asale,violation
ahall file notice of such covenants,
electiontand demand for sale in
,I this Deed of Trust and, electing to advertise said property either en masse or in parcels, at public auction
t hall sell the said property,
front door of the building then in use as the County
at the pursuant to such notice and upon the terms and under the conditions
or at such place as is specified in the notice of sale, all p said property or any part thereof; and the
then required by law, it being understood that the Beneficiary may purchase
asers proper certificate or certificates of purchase
and
shall thereupon execute and deor certificates ver to the ser or of redemption or deed or deeds, as and when the law at that
and thereafter execute and deliver certificateall costs of sale, advertising,
time shall require. Out of the proceeds or avails of such sale or sales, after first paying
li commissions and all other expenses of this trust, including all moneys advanced for repairs, insurance,
taxes and other
or
liens or assessments with interest thereon, together with a re asonable Attorney's fee, all of which the es hereunder, ;'; agrees to pay, said Trusteeh the Mortgagor, onrireasonable re quest; and the pural and in terest due on said chaseebt rnd any or purchasers at any such sale need
ti der the overplus, if any,unto
,I not see the application of the purchase money.
AND FURTHER, THE PARTY OF THE FIRST PART COVENANTS AND AGREES:
That at the time of ensealing and delivery of these presen ts, the party of the first part is well seized of the said prem -
ices in fee simple, and has good right, full power and lawful authority to grant, bargain, and sell the same in this of the first part may have in manner
r
waiving and releasing all rights and claims the party
u and form, hereby and a homestead
II to said described premises as a homestea he sametigncie derr ofaad ll iiens�assessmente and encumbrances. w now in force or which may hereafter
be enacted in relation thereto, and that the by fire, with
AND, hereby authorizes the Association to h Assoc Assothe ciationings on and for its benefie tes ininsured against an amount of notsless than amountowing
es incompaniesin Association hereunder; and, the event that an insurer elects to pay a fire or other hazardloss or
eithermage In cash,
wholly or in
rather than to repair, rebuild or replace the property lost or damaged the Association may pay repair said
part,uat the lsaid erect new buildings inrty of the f their place,lrst part to enable the without affecting the lienyoff this e (Trust Deedofor the full
building or buildings, or to�
amount secured hereby before such damage by fire or such payment took place. or any part !�
d levied or assessed upon such property i
th er
writing with the Public Trustee, then said Trustee
s
C t Court House,in the County in which said land is located,11
it
11
II
To pay all water rents, taxes and assessments which shall be charged, ev ��
sof, as soon as the same may become due.
li
To keep said property and the improvements thereon at all times in good condition and in good repair.
of the firse
That in case of non-payment of any of
the said water rents, in good condition and repairs,soreatsthe requesteofefusal or the party of
oft e
t I
party of the first part to keep the improvementsexpenses on
part, the Association may pay such water rents, taxes or asses sinents, with accrued interest, officer's fees and asonabln '
account thereof, and may make any necessary, needed or requested repairs and whatever expenditure may be
necessary, and the l amounts d disbursed shall be repaid mone ys secured hereby, and, from therst part to the time of payment thereof by �
unless so paid, shall be added and deemed a part j
the Association, shall bear interest at the same rate.
That in case of foreclosure and sale hereunder of the property above described, the purchaser thereof may enter into
immediate possession and enjoy the rents, issues and profits, during the period of time allowed by law for redempticn, said
rents and profits being specifically pledged as additional security for the indebtedness secured hereby. I
That in case of default in any of said payments of principal or interest, as in said Note provided, or default in
n the -
pay-
mentt that
of any other ce of money property
ed ori superiorder, or nto this e Deed of there now Trust except exists
as hereinbefore stated, or in case I
lien or encumbrance upon said priorair, or in c� II
any of the buildings or improvements on said premises are destroyed,injuedereln set kept in god orderhonr p indebtedness or n case
of waste, or in the event of a breach of any of the covenants or agreements and
with accrued interest
ng at once becometo theducontrary notwith tandipayable at the ngn and foreecof the closureioproceed without
gs hereon may be com-
menced
party
ofm the fust part, anythingrin said Note
menced and the said property shall be sold in like manner and with the same effect as if said indebtedness had matured.
Iediately after any default to proceed and foreclose this Deed of Trust 1
That the Association shall also be at liberty imm ro r legal proceedings being commenced {I in some court of competent jurisdiction; and upon complaint beingfi ed, or any
fyrproper
opnd without notice to the party of the first
ced ced
for the foreclosure of this Deed of Trust, said Association ma y apply Porte
• •
part shall as a matter of right be entitled to, the appointment of a receiver of the rents and profits at said property, with
power to receive the rents, issues and profits thereof, ii the acme shall then be leased, or to lease the said property or such
part thereof as may not then be under lease, and with such other powers as may be necessary, who, after deducting the
proper charges and expenses attending the execution of this trod as such receiver, including repairs, water rents, taxes, as-
sessments, insurance and attorney's fees, shall apply tha residue of said rents and profits to the payment of the amount of
principal and interest remaining secured hereby, or any deficiency that may exist after applying the proceeds of the fore-
closure and sale of said property to the payment of the amount due, including interest and the costs of the foreclosure and
sale, water rents, taxes, assessments, insurance and other proper expenses and interest thereon; that immediately upon
such receives being appointed and entering upon the duties of his office, said party of the first part shall and will let the
receiver into possession of the said property, and the tenants of said party of the first part shall immediately attorn to such
receiver, and that the said receivership may be continued during the period of redemption, and in case it be not so continued,
then the purchaser at the foreclosure sale may enter into possession of the'property at once and receive and enjoy the rents
and profits thereof pending the period of redemption allowed by Lw. And the party of the first part hereby authorize: and
empowers the Association to name and appoint an attorney at law to represent the party of the first part, to enter appear-
ance in any court of record in the State of Colorado, in proceedings for the foreclosure of this Deed of Trust, to consent
to the appointment of a receiver, to ascertain and by answer to confess the amount due upon the indebtedness hereby se-
cured and to consent to a decree accordingly.
That at any time upon the request of the party of the first part with the written consent of the Association, the Trustee
may release from the lien of this instrument any part of the property above described, and such partial release shall not in
anywise affect or diminish the lien of this Trust Deed on the remaining portion of said property or any of the rights or rem-
edies herein provided in relation thereto, it being understood that the party of the first part will pay the expenses of obtain-
ing and recording all releases from and of this Deed of Trust.
If the party of the first part parts with title to the property above described, the Association may at any time deal with
the then owner about said property, this Deed of Trust and the Note hereby secured without notice to the Mortgagor and
without altering or discharging the party of the first part's liability; and neither forebearance by the party of the first part
nor any extension of time for payment shall operate to release, discharge or modify the party of the first part's liability.
That as additional security for the payment of said Note, and any advances hereunder, the party of the first part hereby
assigns to the Association all of the rents, issues, profits and income accruing from said property. Upon any default by the
party of the first part in the performance of the obligations imposed by said Note or this Deed of Trust, the Association may
take possession of said premises and rent them or any part thereof upon such terms as to it may seem best; may enforce the
payment of rent or its right to possession by suit in its own name, or in the name of the party of the first part, or of the then
owner of the property, but shall in no event be responsible for the failure to collect rents; and shall apply all rents received
by it to any or all of the following purposes:
(a) Payment of the expenses of managing and renting said property and of collecting and disbursing the income there
from, including reasonable compensation for its agents or representatives.
(b) Making repairs or alterations or the payment of taxes, assessments or any other expenditure necessary or permit-
ted under the terms of this Deed of Trust, but nothing herein shall be construed to compel the making of any repairs, altera-
tions or payments.
(c) On account of the indebtedness secured hereby.
The party of the first part further agrees that if this Deed of Trust is foreclosed, the Association will be entitled to all
rents payable during the period of redemption and to apply same as aforesaid.
The release of this Deed of Trust will constitute a release of this Assignment of Rent.
To pay said indebtedness and the interest thereon as herein and in said Note provided, and this obligation shall not be
released or altered in any way as a result of any agreement by the mortgagee or its assignees with any grantee of the mort-
gagor, or any third party whomsoever, extending the time of payment or foreclosure, whether made with or without the
knowledge or consent of the mortgagor.
That all covenants and agreements in this Trust Deed contained shall be binding upon and apply and inure to the bene-
fit of the heirs, executors, administrators, legal representatives, successors or assigns of the party of the first part and Asso-
ciation, or any persons claiming by, through or under either of them.
That as this form may be used where there are several Mortgagors, in such cases the singular number as herein used
ehnll stand for the plural when the context so requires.
IN WITNESS WHEREOF, The party of the first part has sealed and executed this instrument as of the day and year
first above written.
STATE OF COLORADO,
:a.
County of Garfield
, is 64 , by RALPH, MICHELS and 1.YI.A_M. MICHELS
dayof-_ --
F
This foregoing instrument was acknowledged before me this ".".2�
Witness my hand and Official seal.
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commission expires_L-
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IN WITNESS WHEREOF, The party of the first part has sealed and executed this fastrument as of the day and year
surra/ar aretwurs ea harmie 1441
STATE OF COLORADO,
County of Garfield
SS.
This foregoing instrument was acknowledged before me this2
day of , ig 64 , by RALPH MICHELS_Rad___LYIA_144,_
Witness my hand and Official seal.
......
•
,10-4"•al4f:;.51.'
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; - My commission expires 9-G S
-3:cet„
1 .-fc't record May 1, 1964 at
2,
3:50 o'clock P• M. Bak
41`
Notary Public.
357 503
KKBNA
Scarrow/Walker
Incorporated
Consulting Engineers
Land Surveyors
• •
PARCEL "E"
A parcel of land situated in the NW4SW4 of Section 2, Township
6 South, Range 89 West of the Sixth Principal Meridian,
Garfield County, Colorado, more particularly described as
follows:
Beginning at the Witness Corner to the West Quarter Corner
of said Section 2, thence 5.68°13'22"E. 1205.40 feet to
a point on the southerly line of a 20.00 foot access easement,
the True Point of Beginning; thence leaving said 20.00 foot
access easement N.00°55'00"E. 154.00 feet; thence S.77°
27'26"E. 76.57 feet; thence S.00°55'00"W. 167.00 feet; thence
N.89°05'00"W. 26.26 feet to the southwesterly line of a
20.00 foot access easement; thence along the southwesterly
line of said 20.00 foot access easement the following courses
and distances; thence 44.79 feet along the arc of a curve
to the left, having a radius of 45.66 feet, a central angle
of 56°12'33", (chord bears N.51°46'31"W. 43.02 feet); thence
N.79°52'38"W. 14.71 feet to the True Point of Beginning,
containing 0.28 acres, more or less.
Subject to a 20.00 foot access easement.
May 29, 1981
KKBNA, INC.
1001 Grand Avenue
Glenwood Springs, CO 81601