HomeMy WebLinkAbout1.0 Application411
Ray Baldwin Inc.
LAND PLANNING • Subdivision Design & Land Surveying
Box 1271 • Rm 309. Centennial Plaza• Carbondale CO 81623 • Office:963.3946•Home 9632523
Jan. 30, 1978
Board of County Commissioners
County Courthouse
Glenwood Springs, Colo.
Gentlemen;
Mr. Harley Moore and Mr. Alfred Gardner are hereby
submitting the Sketch Plan of the proposed Porcupine
Creek Subdivision for your review. It is a twelve lot single
family residential subdivision.
We would appreciate all consideration and action given
to this project.
Sincerely,
/e4tavr
Ray Baldwin (Agent)
ALTA 'SD V
r l:>ftn FORM NO. C -A -5000
�.G FN TSl
No. co- 43718 7 -o
Policy of Title Insurance
Issued by
Transamerica Title Insurance Company
SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON-
TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called
the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the
amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may
become obligated to pay hereunder, sustained or incurred by the insured by reason of :
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4 Unmarketability of such title.
In Witness Whereof, Transamerica Title Insurance Company has caused this policy to be signed and sealed
by its duly authorized officers as of Date of Policy shown in Schedule A.
Transamerica Title Insurance Company
By
By
President
Secretary
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re-
stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in
ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi-
nance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears
in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the
insured claimant; (b) not known to the Company and not shown by the public records but known to the insured
claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy
and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became
an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse-
quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim-
ant had paid value for the estate or interest insured by this policy.
CONDITIONS AND STIPULATIONS
(b) The insured shall notify the Company promptly in
writing (i) in case any action or proceeding is begun or de-
fense is interposed as set forth in (a) above, (ii) in case knowl-
edge shall come to an insured hereunder of any claim of title
or interest which is adverse to the title to the estate or interest,
as insured, and which might cause loss or damage for which
the Company may be liable by virtue of this policy, or (iii) if
title to the estate or interest, as insured, is rejected as un-
marketable. If such prompt notice shall not be given to the
Company, then as to such insured all liability of the Company
shall cease and terminate in regard to the matter or matters
for which such prompt notice is required; provided, however,
that failure to notify shall in no case prejudice the rights of any
such insured under this policy unless the Company shall be
prejudiced by such failure and then only to the extent of
such prejudice.
(c) The Company shall have the right at its own cost to
institute and without undue delay prosecute any action or
proceeding or to do any other act which in its opinion may be
necessary or desirable to establish the title to the estate or
interest as insured, and the Company may take any appro-
priate action under the terms of this policy, whether or not
it shall be liable thereunder, and shall not thereby concede
liability or waive any provision of this policy.
(d) Whenever the Company shall have brought any action
or interposed a defense as required or permitted by the pro-
visions of this policy. the Company may pursue any such
litigation to final determination by a court of competent juris-
diction and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgment or order.
(e) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action
or proceeding, the insured hereunder shall secure to the
Company the right to so prosecute or provide defense in such
action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name of such insured for
such purpose. Whenever requested by the Company, such
insured shall give the Company all reasonable aid in any such
action or proceeding, in effecting settlement, securing evidence,
obtaining witnesses, or prosecuting or defending such action
or proceeding, and the Company shall reimburse such insured
for any expense so incurred.
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and,
subject to any rights or defenses the Company may have
against the named insured, those who succeed to the interest
of such insured by operation of law as distinguished from
purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or dam-
age hereunder.
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by
reason of any public records.
(d) "land": the land described, specifically or by reference
in Schedule A, and improvements affixed thereto which by law
constitute real property; provided, however, the term "land"
does not include any property beyond the lines of the area
specifically described or referred to in Schedule A, nor any
right, title, interest, estate or easement in abutting streets,
roads, avenues, alleys, lanes, ways or waterways, but nothing
herein shall modify or limit the extent to which a right of
access to and from the ]and is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(f) "public records": those records which by law impart
constructive notice of matters relating to said land.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF
TITLE
The coverage of this policy shall continue in force as of
Date of Policy in favor of an insured so long as such insured
retainsan estate or interest in the land, or holds an indebted-
ness secured by a purchase money mortgage given by a pur-
chaser from such insured, or so long as such insured shall
have liability by reason of covenants of warranty made by
such insured in any transfer or conveyance of such estate or
interest; provided, however, this policy shall not continue in
force in favor of any purchaser from such insured of either
said estate or interest or the indebtedness secured by a pur-
chase money mortgage given to such insured.
3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT
(a) The Company, at its own cost and without undue
delay, shall provide for the defense of an insured in all litiga-
tion consisting of actions or proceedings commenced against
such insured, or a defense interposed against an insured in an
action to enforce a contract for a sale of the estate or interest
in said land. to the extent that such litigation is founded upon
an alleged defect, lien, encumbrance, or other matter insured
against by this policy.
4. NOTICE OF LOSS — LIMITATION OF ACTION
In addition to the notices required under paragraph 3(b)
of these Conditions and Stipulations, a statement in writing
of any loss or damage for which it is claimed the Company
is liable under this policy shall be furnished to the Company
within 90 days after such loss or damage shall have been de-
termined and no right of action shall accrue to an insured
claimant until 30 days after such statement shall have been
furnished. Failure to furnish such statement of loss or damage
shall terminate any liability of the Company under this policy
as to such loss or damage.
Continued on Front of Back Cover
FORM NO. C-5000-1
• 1
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -FORM B- 1970 (AMENDED 10-17-70)
Amount of Insurance $
SCHEDULE A
or nn0 nn
Policy No. CO -437187-0
z, 7o. 74835
Date of Policy March 7, 978 at 8:00 A.M. Sheet 1 of
1. Name of Insured:
HARLEY A . MOORE ANI ,', AR OL MOOR.
2. The estate or interest in the land described herein and which is covered by this policy is:
IN FEE SiI"TLE
3. The estate or interest referred to herein is at Date of Policy vested in:
HARLEY A. MOORE AND CAROL MOORE, in joint ten r'
FORM NO. C-6000-2
• •
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17-70)
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -FORM 13-1970 (AMENDED 10-17-70)
SCHEDULE A—Continued
The land referred to in this policy is situated in the State of Colorado, County of Garfield
, and is described as follows:
All that per';el of land lying easterly of t,., ' Colorado River located
in the SENEY, of Section 27, Township 6 Sout}i, Range 94 West of the
6th P.M., and in the SWYINW3 . of Section 16, To nsh.ip 6 South, Range 9/L
West of the 6th P.M., more narticularly described as follows:
Beginning at the NW corner SEA.c, 4 of Section 77, Township 6 South,
Range 94 West of the 6t' P.N., thence S. 89°4-'50" E. 1328.6 feet to
the East section line of said Section 27; thence N. M:3°92'97" E.
178.7 feet to the NE corner SW%NW'j of said. Section. 26; thence S.
0°47'24" E. 363.65 feet along the subdivision li ne to the centerline
of a county road; thence leaving the subdivision line S. 50°27' W.
721.93 feet along the centerline of the county road; thence following
a 9°52' curve to the left 239.40 feet, whose long chord. is S. 45°31'
W. 239.1' feet; thence S. 40°35' W. 703.67 feet; thence leaving the
centerline of the county road N. 89°4'40" W. 991.77 feet to the
West section line of said Section 26; thence N. 39°44'40" W. 1701.14
feet to the West subdivision line of the SENZ4. of said Section 27;
thence N. 1°04'59" W. 666.4 feet to the point of begi_.ning.
FORM NO. C-5000-3
• 1
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -FORM 8- 1970 (AMENDED 10-17-70)
SCHEDULE B
This Policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a cor-
rect survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by
law and not shown by the public records.
5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer
service, or for any other special taxing district.
6. Right`; of the proprietor of i vein or lode to extract and remove his
ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted, as reserved in United States Patent recorded
February 5, 1ST' in Book 12 at age 105.
7. Undivided ''/a interest in all oil, gas and other mineral rights as re-
served by Emma Mead in the deed to Norman H. Mead and Mary Jane Mead
recorded July 21, 1950 in Book 251 at Page 477.
8. Oil a^d gas lease bet-:reen �Ia rley A. Moore and Circ i Moore and North--
west Exploration Company as recorded. Novernber 2, 1977 in Book 502 at
Page 352, and any and all assign -lents thereof, ce interest therein.
County Road as shown on. survey by Clint Sherrill and Associates dated
October 27, 1976.
10. Right of way for the following insofar as they may affect subject
property:
a. Starke Ditch #15
b. Goodenough DIt;h #62
c. Beaver Creek Ditch #64
d. Construction, ope.rat? on, maintenance end repair of irrigation
ditches and pipelines as disclosed by instrument recorded
M=arch 2"', 1977 in Book 494 at Page 515.
11. Deed of Trust from Harley A. Moore and Carol Moore to the Public
Trustee of Garfield County for the use of Norman H. Mead and Mary
Jane Mead to secure $15,412.16, dated March 14, 1977 and recorded
March 22, 1977 in Book 494 at Page 517 as Reception No. 277409.
•
Continued from Back of Front Cover
5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS
The Company shall have the option to pay or otherwise
settle for or in the name of an insured claimant any claim in-
sured against or to terminate all liability and obligations of
the Company hereunder by paying or tendering payment of
the amount of insurance under this policy together with any
costs, attorneys' fees and expenses incurred up to the time
of such payment or tender of payment, by the insured claim-
ant and authorized by the Company.
6. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy shall
in no case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance in Schedule A.
(b) The Company will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured in liti-
gation carried on by the Company for such insured, and all
costs, attorneys' fees and expenses in litigation carried on by
such insured with the written authorization of the Company.
(c) When liability has been definitely fixed in accordance
with the conditions of this policy, the loss or damage shall be
payable within 30 days thereafter.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintained under this policy
(a) if the Company, after having received notice of an alleged
defect, lien or encumbrance insured against hereunder, by
litigation or otherwise, removes such defect, lien or encum-
brance or establishes the title, as insured, within a reasonable
time after receipt of such notice; (b) in the event of litigation
until there has been a final determination by a court of com-
petent jurisdiction, and disposition of all appeals therefrom,
adverse to the title, as insured, as provided in paragraph 3
hereof; or (c) for liability voluntarily assumed by an insured
in settling any claim or suit without prior written consent of
the Company.
8. REDUCTION OF LIABILITY
All payments under this policy, except payments made for
costs, attorneys' fees and expenses, shall reduce the amount
of the insurance pro tanto. No payment shall be made without
producing this policy for endorsement of such payment unless
the policy be lost or destroyed, in which case proof of such
loss or destruction shall be furnished to the satisfaction of
the Company.
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the Com-
pany may pay under policy insuring either (a) a mortgage
shown or referred to in Schedule B hereof which is a lien on
the estate or interest covered by this policy, or (b) a mortgage
hereafter executed by an insured which is a charge or lien on
the estate or interest described or referred to in Schedule A,
and the amount so paid shall be deemed a payment under this
policy. The Company shall have the option to apply to the pay-
ment of any such mortgages any amount that otherwise would
be payable hereunder to the insured owner of the estate or
•
interest covered by this policy and the amount so paid shall
be deemed a payment under this policy to said insured owner.
10. APPORTIONMENT
If the land described in Schedule A consists of two or more
parcels which are not used as a single site, and a loss is estab-
lished affecting one or more of said parcels but not all, the
loss shall be computed and settled on a pro rata basis as if
the amount of insurance under this policy was divided pro
rata as to the value on Date of Policy of each separate parcel
to the whole, exclusive of any improvements made subsequent
to Date of Policy, unless a liability or value has otherwise
been agreed upon as to each such parcel by the Company and
the insured at the time of the issuance of this policy and
shown by an express statement herein or by an endorsement
attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shall vest in the Company
unaffected by any act of the insured claimant. The Company
shall be subrogated to and be entitled to all rights and reme-
dies which such insured claimant would have had against any
person or property in respect to such claim had this policy not
been issued, and if requested by the Company, such insured
claimant shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect
such right of subrogation and shall permit the Company to
use the name of such insured claimant in any transaction or
litigation involving such rights or remedies. If the payment
does not cover the loss of such insured claimant, the Company
shall be subrogated to such rights and remedies in the pro-
portion which said payment bears to the amount of said loss.
If loss should result from any act of such insured claimant,
such act shall not void this policy, but the Company, in that
event, shall be required to pay only that part of any losses
insured against hereunder which shall exceed the amount, if
any, lost to the Company by reason of the impairment of the
right of subrogation.
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and other
instruments, if any, attached hereto by the Company is the
entire policy and contract between the insured and the
Company.
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to
the estate or interest covered hereby or any action asserting
such claim, shall be restricted to the provisions and conditions
and stipulations of this policy.
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon or attached hereto
signed by either the President, a Vice President, the Secretary,
an Assistant Secretary, or validating officer or authorized
signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall be addressed to Transamerica Title Insurance Company,
P. O. Box 605, Denver, Colorado 80201.
Transamerica Title
Insurance Company
HOME OFFICE
600 Montgomery Street
San Francisco, California 94111
(415) 983-4400
Arizona Operations
114 West Adams Street
Phoenix, Arizona 85003
(602) 262-0511
•
Northern California Operations
6850 Regional Street
Dublin, California 94566
(415) 829-3800
•
Southern California Operations
Third and La Cienega
Los Angeles, California 90048
(213) 655-3000
•
Colorado Operations
1837 California Street
Denver, Colorado 80202
(303) 534-9066
•
Michigan Operations
20830 Rutland Drive
Southfield, Michigan 48075
(313) 358-4100
•
Nevada Operations
437 South Sierra Street
Reno, Nevada 89501
(702) 786-1871
•
Oregon Operations
409 S.W. Ninth Avenue
Portland, Oregon 97205
(503) 222-9931
•
Texas Operations
3820 Buffalo Speedway
Houston, Texas 77098
(713) 622-2611
•
Utah Operations
3080 South State Street
Salt Lake City, Utah 84115
(801) 486-5781
•
Washington -Alaska Operations
Park Place
Sixth Avenue at University Street
Seattle, Washington 98101
(206) 628-4650
Policy of
Title Insurance
Issued by
Transamerica Title
Insurance Company
gTransamerica
Title Insurance Services
Transamerica Title
Insurance Company
Arapahoe - Douglas
2000 West Littleton Boulevard
Littleton, Colorado 80120
(303) 794-4255
Denver - Adams
1837 California Street
Denver, Colorado 80202
(303) 534-9066
Boulder
1317 Spruce Street
Boulder, Colorado 80302
(303) 443-7160
Eagle
Montaneros Building, Unit A
P. O. Box 1700
Vail, Colorado 81567
(303) 476-5922
El Paso
418 South Weber Street
Colorado Springs, Colorado 80903
(303) 634-3731
Jefferson
1675 Carr Street
Lakewood, Colorado 80215
(303) 234-1675
Larimer
151 West Mountain Avenue, P.O. Box 1100
Fort Collins, Colorado 80521
(303) 493-6464
Mesa
531 Rood Avenue
Grand Junction, Colorado 81501
(303) 234-8234
•
Pitkin
600 East Main Street
P. O. Box 2230
Aspen, Colorado 81611
(303) 925-1766
•
Pueblo
627 North Main Street
Pueblo, Colorado 81003
(303) 543-0451
Routt - Jackson
507 Lincoln Street, P.O. Box 280
Steamboat Springs, Colorado 80477
(303) 879-1611
Weld
918 Tenth Street
Greeley, Colorado 80631
(303) 352-2283
1
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V �°�•�i., a �ANN7+� rpt
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N.* Unit
OIL CHARACTERISTIC:,
TI C:
Depth to bedrock
Texture
Surface
Subsoil
Substratum
Unified Cl:::•.: i fi rati on
Permeability
Percent c(,arse f r•a(••me_ntn
(greater tharl j inches)
Salinity (ECx1O- E' ?5°C)
pH (surface) . 6.6-7.3
Shrink-nwc•11 Potential
Low
Potential front -action (surface) : Low
Flood Hazard : None
Hydrologic Group • B
Corrosivity Steel (uncoated) : Moderate
Concrete : Low
r
: More than 6U inches
Loan,
Sandy clay loam to clay loam
Gravelly sandy clay loam, Gravelly sandy 1
CL -ML, CL, :4M -SC, SC, GM, GM -GC
Mculcr,r.te
DEGREE & MIND OF 1.1 t ii TAT] ON
(0 is Slif;ht,• 1-i in MAc•rai.e, S is Severe)
Septic Tank Absorption Fields : 11 Peres slowly
Sewage Lagoons . M Small stones, seepage, slope
Sanitary Landfill Trench - 0
Ar•c•:c : (l
Shallow E>:uav;,tions. Cutbd,rrk5 cave, small :tones
Dwel l i nCs w/basernents
w/0 b;,:;c_nients
Local Roads & Streets
SUITABILITY AS A SOURCE OF...
Daily Cover for Landfill
Roadfill
Sand
Gravel
Topsoil
U
U
Fair, small st„nes
. Fair, low utren th
Unsuited
Poor, excess fines
Fair, small stones
SUBJECT TO CH!,? GE. NOT TO BE USED 1 N PLACE OF O1: -:;I T1 11JV1::M GAT] ON
30C -Olney loam, 3 to 6 percent slopes. This deep, well drained,
gently sloping soil is on alluvial fans and valley sideslopes. It
formed in alluvium from sandstone and eha]e. Elevation ranges from
5,000 to 6,500 feet. The average annual precipitation is about 14
inches, the average annual air temperature is about 48 degrees F.,
and the average frost -free period is about 125 days.
Typically, the surface layer is grayish brown loam about 12
inches thick. The subsoil is grayish brown sandy clay loam about
21 inches thick. The substratum is light gray loam or sandy clay loam
that extends to a depth of more than 60 inches.
Included with this soil in mapping are small areas of Heldt,
Potts, and Kim soils which make up 5 to 15 percent of the mapping
unit These soils are on slopes of 3 to 6 percent.
Permeability of the Olney soil is moderate.
.
Effective rooting
depth is 60 inches or more. Available water capacity is high.
face runoff is slow and the erosion hazard is moderate.
This soil is used mainly for irrigated crops and hay. Alfalfa,
small grains, corn for silage, and grass or grass -legume mixtures
are grown. Small acreages are in fruit production and include apples,
peaches, and apricots. Isolated areas are used for grazing livestock.
Furr>>w;: and floc,di.ng are unud to irrignte the Olney soil.
Sprinklers are a good alternative method. Drop structures installed
Sur-
•
• •
2
30C -Olney loam
in irrightion ditches will help to control water and to prevent
excessive ditch -erosion.
The native vegetuti ern on this soil In mainly 1.il uebunch wheat -
grass, western wheatgrass, needleandthread, and big sagebrush.
When the range condition deteriorates, forbs and woody shrubs
increase. When the range is in poor condition, undesirable weeds
and annual plants are numerous. Proper management maintains and
improves range condition. A reduction in brush improves 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 seeding,
a good practice is to prepare a seedbed and drill the seed.
Wildlife using the Olney soil includes cottontail rabbit,
squirrel, pheasant, and some mule deer.
Potential for community development and reacreational use is
limited by low strength and a moderate shrink -swell. Capability
subclass IIIe, IVe dryland.
.. 1
•Lt. I/.l._ al
a n Al
An °. 1977
k
Recorded et i( o'rlr^/7 M
`�
Reception llo.
Ella Stephens. Recordor
WARRANTY DEED
HARLEY A. MOORE and CAROL MOORE, husband and wife; and JACK JAY
BEDFORD and MARILYN KAY BEDFORD, formerly known as MARILYN KAY
ROGERS, husband and wife
whose street address is 3523 Highway 119 , City (or Town) of
Longmont , County of Boulder , State of
Colorado ,•for the consideration of One Hundred Dollars and
other goDd and valuable consideration, in hand paid, hereby sell[s] and
convey[sJ to
HARLEY A. MOORE and CAROL MOORE, husband and wife, as joint tenants
whose street address is 5336 State Highway 82 , City (or Town) of
Basalt County of Eagle , State of
Colorado , the following described real property in the
County of Garfield, and State of Colorado, to -wit:
All of the SW'.NW'4 of Section 26, and of the SEt;;NE],;
of Section 27, Tp. 6 S., R. 94 W. of the 6th P.M., except that
portion described on the attached Schedule A, together with one-half
of all water rights and ditch rights which are appurtenant to the
entire SWINE!;,, SEc. 26, and SE!NE';, SEc. 27, Tp. 6 S., R. 94 h., uth
P.M., including, but not limited to, 0.3 of one cubic foot per second
allowed to flow in the Goodenough Ditch, under Priority No. 92;
0.42 of one cubic foot of water per second of time allowed to flow in
the Beaver Ditch under Priority No. 94; all of the interest of Emma
Mead in said ditches; the Mead Pump, located in 'he SE!-,NE!i, Sc. 27,
Tp. 6 S., R. 94 W., 6th P.M., :,s. described in document no. 255400,
Book 435, page 548; the Meal Well No. 1, located in the SW!:::!_, Sec.
26, Tp. 6 S., R. 94 W., 6th P.M., and whatever interest the parties
may have by virtue of document No. 44580, Book 66, page 572. in
Priority 18 Water, from Water District No. 45.' The above enumeration
of water rights are those which were appurtenant to the entire property,
and it is the intention by this deed to convey one-half of these water
rights to the grantees.
(Street address of grantees: 5336 State Highway 82 Basalt, Colorado )
with all its appurtenances and warrant[sj the title to the same, subject
to 19 77 property taxes and assessments, easements, rights of way, res-
trictive covenants of record, reservations contained within the United
States patent to the subject property , encumbrances of record, and those
easements described on Schedule B.
Signed this"/A day of
Hnr y\ Moore, 1
shond
Carol Moore, wife
STATE OF COLORADO )
•,COUNTY OF GARFIELD)ss•
^ •' .Ttie.foregoing instrument
•March , 19 77 ,
fo',rmerly known as Marilyn
n
,lopre and Carol Moore, husband and wife.
•( j [) SCA • WITNESS MY HAND AND OFFICIAL SEAL.
.f r ,f id/ji
Mlrrh
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Marilyn Ka
7/%'
, 1977.
ford, hu,,hanc,
Bedford formoq. known as
Marilyr Kay
pgers, w e
was acknowledged before me this Aygd ay of
by Jack Jay Bedford and Marilyn Kay Bedford,
Kay Rogers, husband and wife, and Harley
My commission expires:
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17 U, i • 1
Notary Public
SCHEDULE A
buLA 4• )4 FAr, i
PARCEL 1
A parcel of land located in the SW4NW4 of Sec. 26, Tp. 6 S.,
R. 94 W., 6th Y.M., more particularly described as follows;
Beginning at the SE corner of SWoNW' of Sec. 26, Tp. 6 S.
6th P.M.; thence S. 88°57'47" W.855.00' along the
subdivision line to the centerline of the county road; thence
leaving the subdivision line N. 33°366'58" E. 20.11' along
the centerline; thence following a 6°58'02" curve to the right
399.51',9whose long chord is N. 37°06'02" E. 399.26'; thence N.
40935' E. 602.60'; thence following a 9°52' curve to the right
0 , whose long chord is N. 45°31' E. 239.12';
N.
50 27' E. 34.93' to the subdivision line; thence leavingethe
centerline S. 0°47'24" E. 967.25' along the subdivision line
to the point of beginning.
PARCEL 2
A parcel of land located in the SE!;;NE!„ of Sec. 27, Tp. 6 S.,
R. 94 W
94 W.,6th 6P.,M.,M;oredparticulin the arly 11described as, follows: R.
Beginning at the SW corner of the SEl;;NE!, of Sec. 27, Tp. 6 S.,
R. 94 W., 6th P.M.; thence S. 89°45'31" E. 1324.9' to the E4
corner of said Sec. 27; thence following the subdivision line
N. 88°57'47" E. 469.89' to the centerline of a county road;
thence leaviag the subdivision lino N. 33°36'53" E. 20.11' along
the centerline; thence following a 6°58'02" curve to the right
399.51' whose long chord is N. 37°06'02" E. 399.26'; thence N.
40°35' E. 393.93'; thence leaving the centerline of the county
road N. 89°44'40" W. 1018.00'to the West line of said Sec. 26;
thence N. 89°44'40" W. 1301.14' to the West subdivision line of
SE4NE4 of said Sec. 27; thence along the subdivision line S.
1°04'59" E. 651.5' to the point of beginning.
COUNTY OF GARFIELD
STATE OI' COLORADO
SCHEDULE B
An easement over and across those portions of the SE1tNE4 of
Section 27, and the SW4 Wl4 of Section 26, Tp. 6 S., R. 94 W.,
6th P.M., which are not described in Parcels 1 or 2 above,
for the construction, operation, maintenance and repair of
the irrigation ditches and pipelines as are now constructed
and in place which supply irrigation water to Parcels 1 and
2 above. Provided, however, that this easement is granted to
Marilyn Kay Ledford, her successors, and a. -signs, on the express
understanding; that Marilyn Kay Ledford, her successors or
assigns, will pay on an ;annual basis, one-half of the cost of
operating, maintaining and repairing any mechanical pumping
Apparatus used for the benefit of Parcels 1 and 2 above and
the property over .,ud across which this easement is conveyed.
The cost of maiatai:Li-ng ditches over and across this easement
shall be borne by Marilyn. Kay Bedford, her successors or assigns.
COUNTY OF GARFIELD
STATE OF COLORADO
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• •
Anticipated construction costs for Porcupine Creek
Subdivision:
Road $20,000.00
Water $24,000.00
Power $ 5,000.00
Engineering :,000.00
It should be understood that these costs are a rough
estimate of the final development costs and are subject
to change depending upon unknown factors between now
and the time of actual construction.