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HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONER OF GA►RFIELD COUNTY, COLORADO ,,prEsEjle in ION FOR EXE PTLQ Pursuant scant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, the Undersigned DAVID AND MARYLYN PICKLER ions the Board of pCanny Commissionero of Garfield County, Colorado, to ex 80 acre tract of land into 4 by Resolution the division of approximately 20 tracts of of "subdivision" and " acres each, more or less, from the definitions vided 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 IN ORDER TO CREATE SMALLER MORE AFFORDABLE TRACTSS OR THE AVthe ERAGE below: SUBMITTAL, REQUIREMENTS: An application which satisfied the review criteria must be submitted with all the following information: A. Sketch map at a minimu,n scale of 1"--200' showing the I PAX dhnension and area of all lots or� � description of the a public� Sys and separate interests to be created, access to utilities; and°pown for drainage, irrigation, access or B. Vicinity map at a minimum scale of 1"=2000' showing � of the the general topographic and gmles,iogr for which a �o� exem�p ion to the surrounding area within two 2 C.Copy of the deed copy of U. S.G.S. quadrangle map may be used; and ( ) howing owner(.) if other than the pplica ship by applicant, or a letter from the property D. Names and applicaownernt; and addresses of owners of record of land immediate) 200 feet of the proposed exemption, mineral owners and lessees of minerals adjoining and withs of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and c F Proof oflegal and adcharacteristics of each type; and equate source of domestic water for each lot created, method of d �� disposal, and letter of approval of fire protection plan from appropriate fire and G. Ifconnection to a conmarnity or municipalwater or sewer H. from the governing bodya s to mem is proposed, a letter Narrative stating and Nary explaining why ex p' exemption is being requested; and 1. I. It shall be demonstrated that the parcel existed as described on Jan parcel as it exists prey is oneofcreated from 3 a laof not more than three �' 1, 1 a Iaoter parcel as it existed on January 1, 1973.rger J. A $300.00 fee must be submitted with the application. a J.. AIL A 40940A........• Petitioner s Mailing Address Wa n u Cre e k C City State IIJP- Telephone Number EXON APPLICABILITY The Board of County Conanissioners has the discretio the definition of � and power to exempt a division of land from determines that such thereby from the pro0edure in these Regulations, provided the Board exe�cnptlon will not impair or defeat the stated Regulations nor be detrimental to the general public welfare. purpose of the Subdivision decisions in accordance with the The Board shall make exemption individual facts of each 1• nes of these regulations. Following a review of the application in light of the requirements of these Regulations, appy, conditionally approve or deny an exemption. An tion the Board may a minimum, all of the review criteria listed below. O° for exemption must satisfy at does not ensure Compliance with the review criteria, however, of the Subdivision The Board also may consider additional factors listed in Section 8:60 ubdiviion Regulations. A. No more than a total of four (4) sot from any parcel, as that � parcels, interests or dweWng units will be created from Rang per sparcel was described in the records of the Garfield County andit existed deon J Office on January 1, 1973. In order to qualify for exemption, Clerks January 1, 1973, must have been 35 acres or parte as not a part of a recorded subdivision;greater in size at that time and split by a public right-of-way however, � peel to be divided by (State or Federal road or a r that preventingP� use of the proposed tracts, and the divi*i occurs Countyythe public railroad Y, such thereby created may, at alongnot d re t havecreated by exemption with regard toe four lot Board,aroe be considered to unit limitation se applicable. For the purpose; ofd ' Pull t interest or 35dacres or greater in size, created after Januarye�'inition, all tracts of land 35 acres exemption since January 1, 1973. 1, 1973 will count as parcels of land created by 2. Iiii i•wi DEC -5-2001 11:43A FROM:BLDGPLANGARCO 9703843470 • TO:9P2856313 1111 B. All Garfield County zoning requirements will be met; and C. AJJ lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal -supply of domestic water to be hauled from an outside site for a cistern. Proofof the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within a % mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1.) That a four (4) hour pump test be performed on the well to be used; 2.) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3.) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing draw down and recharge; 4.) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5.) - - An assumption of an -average or no less than 15 people per dwelling unit, using 100 gallons of water per person, per day; 6.) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7.) The water quality is tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fiire protection plan from the appropriate fire district; and F. All State and local environmental health and safety requirements have been met or are m the process of being met; and G. Provision has been made for any required road or storm drainage improvements; and 3 P:3'10 IiiDEC -5-2001 11:43A FROM:BLDGPLAN RCO 9703843470 TO: 9F2856313 • H. Fire protection has been approved by the appropriate fire district; and I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and J. School fees, taxes and special assessments have been paid. PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. Additional copies of the application will be needed when it is set up for a hearing with the BOCC. B. The Planning Department shall review the exemption request for technical compliance with all information required by applicable rules and regulations within fifteen (15) working days of submittal. The Planning Department may request an extension of time from the BOCC for such review not to exceed an additional fifteen (15) working days. C. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed exemption and nature of the meeting, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such meeting,, and proof of publicationshallbe presented at hearing by the applicant. D. Notice by mail, containing information as described under item ( C) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such meeting time by certified return receipt mail, and receipts shall be presented at the meeting by the applicant. The site shall also be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least -thirty -(30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. E. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial, or any conditions of approval, shall be set forth in the minutes of the meeting or in a written Resolution. An applicant denied exemption should follow the subdivision procedure in these Regulations. 4 P:4'10 tt cv‘ 1 V Z ti1` AROyiv L t - Kie.f • Jo 14 N /9O, BoX fArisA/r C y Iv) y' /716 Co. Wl P./ • a60S-4kLp,iv .SNJiJ/a N D LN,O/,sto- C)eQeg c4J11x';,J?ti'/j117 49-1 ,moo ./no,e v .v9siee I -� Sec uRi12 CD,@'9/) 1-1 1I L � ',,A. S'l%P R13c 1e eR if I \/ /?o, DrA iv eR 11 V 11 41o.6Jo8y I 1 h,4 "i D •MORya,vv 7o N.Dee 7eieRD I-'a,e.acyu7C Ca, Cr) Q ys e 161'7' 8 4 77Lr,41 e,ni 7 jzsv r 3 0 8 RAS "\, LyivA) Siio RL /63S oxosotz U?,►r7ZEr1FAIT ~SA C" . S!4 3S /a36 QTY. /RO, 30a - i.3/4 TTL E.146NT 111 ms's a . 4__• a • I NcSTERN SLOPE Crit;OrfMIS " AIM AI Ile MP R 586 ACU ALUM CAP X SLOPE. i 342MN B J4Jt J52.Alta 2...V SW1/4 SE1/4 SEG. 9 u h 61 NW 1/4 NE1/4 SFC. 16 Moonchtt l :oma appfx vy V Y = egt fOUNO ase ALUM. CAP rooms CAP r.S 1684:0 LECAt D£5C!!O°' ON SW1/4 //4 =nos 9 AAO NW 1/4NE i/4 SECTION 1 ALL #4 104444 NIP / SOWN. RANGE 5 NEST or 1IE 67N P.M. BEING MORE PARTICIAA9Lr a£. CIU2t'D AS kiln. ®tglort at MCornar cantman is sad 9 aro ra Mrwncr + Orrl A" w J2499S8 lief ro M,. Abet4irsst cow i,1 'bolo Orr /air1/4 • thw,os S 80•84'2O" E 12 ALM het to Rho Northport censer N said SWt/4SCt/4: Mena, S W?i r.,)" E SJC'6.12 toot to ow SputlMOrt corner of said Sit1 / ��!•:aS`�tw:.ARFIn1 .. sad :ti•i� feliA lCO/'4}i /45 1 4 fa...a. ( M' • 611,001 r • , * !S 1a*• f- fa.. S..- 446.-- • ....— « —� . :.� aw • �4�e �• �4. thence N etrry •i r w 17491.97 tort to the M.,twowst rvirr►Rr M goo/ ANY! Ater ilk Monor N O MOW" W 135248 toot b the mint of apirwhi/q honing on wee of 77 •u ..... ---- -- -- GRAND VALLEY FIRE PROTECTION DISTRICT 1777 E. BATTLEMENT PARKWAY PO BOX 295 PARACHUTE, CO 81635 (970) 285-9119, FAX (970) 285-9748 August 26, 2000 Gary L. Watkins Watkins Realty PO Box 518 Parachute, CO 81635 Subject: Review of the Watkins Reality Subdivision Application GarY, I have reviewed the request made by your company and offer the following regarding the fire protection plan submitted: 1. The property, described and shown on the attached reference map, is within the Grand Valley Fire Protection District's boundaries. 2. We would request that the County Commissioners abide by and enforce the NFPA 299, Standard for Protection of Life and Property from Wildfire recommendations as it relates to roads and driveway specifications. Roads into the Subdivision: It is the sub -dividers intent to use County Road 354 as the main road into the subdivision. It is unknown as to who is the actual owner of this road at present. We request the following pertaining to access/egress: a) NFPA 299, 5-2.1 Roadways Required. Roadways shall be required when routes of access serve three or more dwellings. Roadways shall be designed and constructed to allow evacuation simultaneously with fire department operations. b) Width and Vertical Clearance. The road is put back to County specifications and/or those required by NFPA 299 standards. NFPA 299, 5-2.2, Width and Vertical Clearance. Simultaneous access for emergency vehicles and the evacuation of residents shall be provided for by a traveled way of not less than 24 ft horizontally and 14.5 ft vertically. If two separate, one-way routes are provided, the width of each route shall not be less than 16 ft. c) NFPA 299, 5-2.7, Dead Ends. Every dead-end roadway more than 300 ft in length shall be provided with a turnaround at the terminus having no less than 120ft outside diameter of traveled way. d) Additional specifications for shoulders, parking, gate openings and locking devices hall also apply. Driveways/Roadways into individual home sites: a) NFPA 299, 5-3.2 Width and Vertical Clearance. Fire service access, including bridges, shall be a minimum of 12 ft in width and have a vertical clearance of at least 14.5 ft over its full width. b) NFPA 299, 5-3.4 Turns. Fire service access turns shall not restrict access of the largest emergency vehicle, as determined by the AHJ, likely to be operated on the fire service access. c) NFPA 299m 5-3.6 Construction. All fire service access, including bridges, shall be designed and constructed with an all-weather surface adequate to support the heaviest piece of fire apparatus likely to be operated on the fire service access as designated by the AHJ. d) Additional specifications for gate openings, locking devices, easements Rights -of way, maximum grades and dead ends shall also apply. e) In addition, where applicable, all driveways chsill conform to NFPA 1141. 3. The closest municipal water main or fire hydrant is located on Battlement Mesa. This is a private water supply system and any cost for water use in the event of a fire will be passed onto the landowner. All home sites will have to have potable wells drilled, which in most instances are not large enough for fire protection uses. In the event that a home owners water supply is insuffiecient, water will have to be shuttled in from other sources. Time delays for set up and shuttling are to be expected, which may increase the damages to private property 4. The Colorado State Forest Service, Grand Junction District, has advised that there is no longer a CSFS Wildfire guideline. The CSFS has been using the NFPA 299, Standard for Protection of Life and Property from Wildfire for the past several years. In addition, they promote the use of "Defensible Space" and accessibility to properties. Copies of materials which may further define/describe these topics can be obtained from the CSFS or from the GVFPD. If the NFPA 299 standard and the recommendations of the CSFS are made apart of the plat filing, as Mr. Watkins has stated he would do, and compliance is required, the concerns of the Grand Valley Fire Protection District shall be met. It must also be understood that this review is given with the understanding that the parcels are being used as single residence properties and not multi -residence properties, i.e. true subdivisions. If this is to be the case, then a much more in depth study will need to be done and a year round fire protection system designed/developed. • • If you have any questions regarding this review or any other questions concerning the Grand Valley Fire Protection District, I can be reached at 285-9119. David A. Blair District Fire Chief Grand Valley Fire Protection District -C4 ),Jc Attachment: NFPA 299 NFPA 1141 cc: Garfield County Commissioners GVFPD Board files Parachute/Battlement Mesa Vol. Fire Dept., Fire Chief, Gary Mahaffey File 3 Pine ->frior5 i -ar 444 iimmiL,K21.611 ie -i,n .411rapiel IC'111.7.Mil,4 11".51:4111 %.VAlertra61 idi iii timer dry ag‘ p MP3 uoJGt3 1 M 6 H-$ j *14 2100! Ql1rV*S V 'LIMN ® A.LNf10» 41111121ll4111`r' PZ cell fr 41/7N/eaNj 2,: 4 7 GIove) Pl(, rf L 18 wmen t 53<a1 M S 1 1 r1�. t ..Battlement 3447', i i6 V 9 c. Ratttement ( ec S.YI P, \/ 7 !15474_ • " 4J /? II 19 �I `? • x5673 7t5ii+77, c X* 13851 5665 _..' 9��.__ (6 -GJ 16 Morrison •' 10 15 s 7( anon • T. 6 S. T. 75. 71 ••• 62 62 , 66 2 `. • 6r.t: • • 3 ' • • ,',.• spir- 10 seA't • • 1 'I • ' • • 1.6 15 62 . „ • • r • • „ • . • . • • •,, , . • ,... ,•• . • ••, : . • • • • • . , 1 • • - f• I .. • ; , •• -,1•2 . . • t .0 • 1 „ • • :or J". • ; CCC? CIA nm VJ4 e.A numalmino unru 1.1.4 Rc!pn nqm nn-P2-nnu 62 t • 2 ss* -----•••,s.,.. • s • t 22 ;. goo t„..• e ; ' , • ; RIFLE AREA. COLORADO harvesting. The Iow available water capacity affects sur- vival of seedlings - Mule deer, snowshoe hare, and some blue grouse find habitat on this soil. Community development is severely limited by shallow depth to bedrock and very steep slopes. This soil is in capability subclass Vile, nonirrigated. (294tigul-Starman channery looms, 5 to 50 per- cent mopes. This complex is on ridge crests and moun- tainsides. Elevation ranges from 7.800 to 9.000 feet The soils formed in residuum from sandstone and marlstone. The average annual precipitation is about 20 inches, the average annual air temperature is about 40 degrees F, and the average frost -free period is less than 75 days. The Irigul soil makes up about 55 percent of the unit, and the Starman soil makes up about 30 percent. The Irigul sort' is on mountainsides and the less windswept parts of the landscape. and the Starman soil is on ridge crests. The Irigul soil is shallow and well drained. Typically, the surface Layer is grayish brown channery loam about 6 inches thick. The underlying material is yellowish brown extremely channery sandy day loam about 11 inches thick. Hard, fractured sandstone is at a depth of 17 inches. Permeability of the Irigul sod is moderate, and availa- ble water capacity is very low. Effective rooting depth is 10 to 20 inches. Surface runoff is medium, and the erosion hazard is slight The Starman soil is shadow and welt drained. Typical- ly, the surface layer is brown, calcareous channery loam about 3 inches thick. The underlying material is very pale brown, strongly calcareous extremely channery loam. Bedrock is at a depth of 13 inches. • Permeability of the Starman soil is moderate, and available water capacity is very low. Effective rooting depth is about 10 to 20 inches. Surface runoff is malum, and the erosion hazard is slight included with these soils in mapping are small areas of Parachute soils in small depressions. These areas make ep about 5 to 15 percent of the map unit • '• These soils are used mainly for limited grazing and wife habitat. The native vegetation on the Irigul soil is mainly rrheatgrass. bluegrass, mountarrnmahogany, and service - Why. The native vegetation on the Sterman soil is inliely wheatgrass, penstemon, goldenweed, and buck - When range condition deteriorates, forbs and Iow shrubs increase. Properly managing grazing s and improves range condition. Mule deer, wild horses, snowshoe hare, and blue fund habitat on these soils. development its limited by steep slopes Mallow depth to rock. 25 This complex is in capability subclass Vitt. nonirrigat- ed. 39—Jerry loam, 12 to 50 percent slopes. This deep. well drained, strongly sloping to stoop soil i3 on meuti- tainsides. Elevation ranges from 7,000 to 9,600 feet llr3 soil formed in alluvium derived from sandstone, shale, and basalt. The average annual precipitation is about 20 inches, the average annual air temperature is about 41 degrees F, and tho average frost -free period is less titin 75 days. Typically, the surface layer is dark grayish bruin loam about 3 inches thick. The subsoil le yellowish brown and light brown cobbly clay loam about 37 inches thick. The substratum is light brown cobbly arty to a depth of 60 inches. Included with this soil in mapping aro small area:, of Tonna and Dollard soils at lower eleva bone. 'these areas make up 5 to 10 percent of the map unit. Permeability is slow, and available water capacity is high. Effective rooting depth is 60 tnche3 or mono. Sart• face runoff is slow, and the erosion hazard is moderate. This soil is used mainly for limited grazing and wildiife habitat The native vegetation on this soil is mainly Gami eI oak, bromes, and elk sedge. When range is in poor condition, Kentucky bluegrass, undesirable weeds, and annual plants are numerou3. Properly managing grazing maintains and improves range condition. Mule deer, elk. blue grouse, gray squirrel, and wild turkey find habitat on these sol. Community development is limited by high shrink :..vied potential, steep slopes, and Iow strength. Building :,ilo3 and roads need good drainage. 1 his soil slumps whon saturated or if cut deep. This soil is in capability subclass Vika, nonirdeal d. 40—Kim loam, 3 to 6 percent slopes. This deep. well drained. gently to sloping soil is on alluvial fans and benches. Elevation ranges from 5.000 to 6,000 Net. This soil formed in alluvium derived from shale and .54tnd- stone. The average annual precipitation is abort 12 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is 2 bout 125 days. Typically, the surface layer is yellowish brown or light yellowish brown loam about 17 inches thick. The under- lying material is light brownish gray loam to a depth of 60 inches. In places the underlying materia is straiifiicd with fine sandy loam. Included with this soil in mapping are small arca3 of Arvada and Olney soils that have slopes of 3 to 6 per- cent. These areas make up 5 to 15 percent of the map unit. Permeability is moderate, and available water Capacity is high. Effective rooting depth is 60 incites or n}ore. on= n 'a CCC? n i n 'nu VH J nu r uaau r nus i minna inti U.! nn . tan naM nn-c2..nnW RIFLE AREA, COLORADO The native vegetation on this soil. because it faces north and oast, is mainly Gambol oak, serviceberry, snowberry, and elk sedge. When range condition -deteriorates, shrubs increase. Properly managing grazing maintains and improves range condition. Elk, mule deer. coyote, and grouse find habitat on this soil. Use of this sod for community development and as a source of construction material is limited by depth to rock and steep slopes. This soli is in capability subclass Vile, nonirrigated. -Parachute-Rhone foams, 5 to 30 percent slopes: These gently sloping to steep soils are on ridge crests and mountainsides. Elevation ranges from 7,600 to 8,600 feet The Parachute soil formed in residuum from sandstone or marlstone, and the Rhone soil formed in residuum from hard, fine-grained sandstone. The aver- age annual precipitation is about 20 inches, the average annual air temperature is about 40 degrees F, and the frost -free period is Tess than 75 days. The Parachute soil makes up about 55 percent of the map unit, the Rhone soil makes up about 30 percent, and soils of minor extent make up 15 percent. The Parachute soil is mostly on ridge crests, and the Rhone soil is in gently sloping to moderately sloping areas on • mountainsides. The Parachute soil is moderately deep and welt ' drained. Typically, the surface layer is grayish brown ' loam about 5 inches thick. The upper part of the subsoil is very dark grayish brown and brown loam about 13 inches thick, and the lower part is Tight yellowish brown extremely channery loam about 11 inches thick. Hard. r fractured sandstone is at a depth of 29 inches (fig. 9). Permeability of the Parachute soil is moderate, and salable water capacity is tow. Effective rooting depth is 31 to 40 inches. Surface runoff is medium, and the 410eion hazard is moderate. The Rhona soil is deep and well drained. Typically. the part of the surface layer is brown loam about 8 thick, and the lower part is brown sandy clay about 20 inches thick. The underlying material is very channery sandy clay loam about 24 inches Fractured sandstone is at a depth of 52 inches. eability of the Rhone soil is moderate, and evade - Vetter capacity is moderate to high. Effective rooting is 40 to 60 inches. Surface runoff is slow, and the hazard is slight. with these soils in mapping are areas of Irigul On ridge crests. These areas make up about 10 of the map unit. Soils are used mainly for grazing and wildlife _native vegetation on these soils is mainly needle - vin Sedge, and sagebrush. 31 When range condition deteriorate=., forts and shrubs; increase. Property managing grazing maintains and 'im- proves range condition. Seeding improves range in poor condition where slope is fess than 15 pc rccnt. intermedi- ate wheatgrass. slender wheatgrass, arid mousntain and smooth brome are suitable for seeding. Prep: ring a seedbed and drilling the seed are good practices. flee clueing brush on slopes of less than 15 percent improves deteriorated range, but removing brush may damage deer habitat. Many deer and some snowshoe harp and blue grouse find habitat on these soils. Use of this soil for community development or as a source of construction material is limited by depth to rock and steep slopes. This complex is in capability subclass Vie, nernirrigatod. 54—Potts loam, 1 to 3 percent slopes. This deep, well drained soil is on mesas, benches, and sides 01 valleys. Elevation ranges from 5,000 to 7,000 feat. This soil formed in alluvium derived from sandstone., shahs, or basalt. The average annual precipitation i5 about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -frees period is etout 120 days. Typically, the surface layer is nrown tom about 4 inches thick. The subsoil is reddielr brown clay Kiln about 24 inches thick. The substr=atum is pinkish weite loam to a depth of 60 inches. Included with this soil in mapping are small areas of Olney. Kim, and lldefonso soils that have 51opa3 of 1 to 3 percent. These areas make up 10 to 15 pctcont of the map unit. Permeability is moderate, and available water cope city is high. Effective rooting depth is 60 inches or mere. Surface runoff is slow, and the Erosion haze rd is slight. This soil is used mainly for irrigated (reps and hay end for dryland farming. Alfalfa, small grains, end grass - legume hay are grown. This soil is usually irrigated by flooding. Drop struc- tures in irrigation ditches, graesed waterways, and mini- mum tillage control erosion. Irrigation water should be carefully managod to avoid piping. Cover crops or stub- ble mulching also holp to limit erosion tosses in dry - farmed areas. The native vegetation on this soil is mainly wheat - grass, need!eandthread, and sagebrush. Pheasant, mourning dove, cottontail rabbit, some mule. deer, and squirrel find habitat on this soil_ Community development and recreation are limited by low strength and shrink -swell potential. Dwellings and roads can be designed to compensate for there limita- tions. Community sewage systems will bo needed if the population density increases. This soil is in capability subclasses tale, Irrigated, end tttc, nonirrigated. Qum 'a =7 CfrR nit; 'niJ vw4 niumw1lflua 1NIMnnn untu ua ln!bn nam nn-C7An1 .RIFLE AREA. COLORADO This soil Is In capability subclass Vie, nonirrigated. 61 --Rhona loam, 30 to 70 percent slopes. This deep. well drained, hilly to very steep soil is on north - and east -facing mountainsides and ridges. Elevation ranges from 7.600 to 8,600 feet. This soil formed in residuum from sandstone and marfstone. The average annual precipitation is about 20 inches, the average annual air temperature is about 40 degrees F, and the average frost -free period is less than 75 days. Typically, the upper part of the surface layer is brown loam about 8 inches thick, and the bower part is brown sandy clay loam about 20 inches thick. The underlying material is brown extremely channery sandy clay loam about 24 inches thick. Sandstone Is at a depth of 52 inches. Included with this soil in mapping are small areas of Parachute and Northwater soils. The moderately deep Parachute soils are on smooth ridge crests and west - and south facing side slopes. The Northwater soils are on north -facing side slopes. These areas make up 10 to 15 percent of the map emit Permeability is moderate, and available water capacity is moderato. Effective rooting depth is 40 to 60 inches. Surface runoff is slow. and the erosion hazard is slight. This soil is used mainly for wildlife habitat and limited gazing. The native vegetation on this soil. because it faces esrt and east, is mainly Gambol oak, elk sedge, servi- "bony. and snowbeny. There are small areas of dwarf- , $ aspen, but they are of little or no commercial value. When range condition deteriorates, forbs, shrubs, and bluegrass increase. Properly managing grazing and improves range condition. limy deer and some snowshoe hare and blue grouse habitat on this soil. of this soil for community development or as a of construction material is limited by steep Areas from which construction material has been are difficult to reclaim. soil is in capability subclass Vile, nonirrigated. outcrop.Torrforthents complex, very This broadly defined unit consists of exposed vrary stony areas. soils that are shallow to mod- OsaP over bedrock and small pockets of deep north- PlatsIme o� Area The complemplex is in the x is on the rode end colknral slopes along the edge of Roan the outcrops and soils are very steep to ox - 1161/P, 3). Slope ranges from 50 to 80 per - makes up about 50 to 80 percent of the end Tornorthents make up 20 to 50 percent. ea_ are along the upper edge of the T morthents are between the toe slopes 'n9 exposed bedrock. Commonly, the 9f1/Rn 'r1 QQQ?. QbR ni R nw vw. 35 top of the escarpment is 2,000 to 2,500 feet higher than the toe slopes. Rock outcrop is mainly Green Aiwa shale. The brae stones are fragments of bedrock broken frorn the es- carpments. The stones are genre a!ly flagstones, 6 to 24 inches wide and 2 to 6 inches thick. Torriorthents are shallow to moderately deep. They generally are clayey to loamy and contain vari'btc amounts of gravel, cobbles. and stones. At the lower elevations of this complex, surface runoff is rapid and the erosion hazard is moderate. Surface runoff is very rapid and the erosion hazard is severe on the exposed bedrock and shallow stony coils at tt* higher elevations_ Included in mapping are small, isolated areas of N'ihIN soils at lower elevations in concave pockets near the toe slopes. These areas make up about 5 percent of the unit. The native vegetation is mainly serviceberry. bitter- brush, itterbrush, mountainmahogany, big sagubr mil, and wc.alern wheatgrasses at the lower elevations in north -facing areas. The native vegetation is bitterbrush, shadscale, Indian ricegrass, big sagebrush. and western wheatgr. ss at the lower elevations in south -facing areas. At the higher elevations. vegetation Is spit se: or nonoxistant err the exposed bedrock and rocky cotlwlnt stop's. This complex has only limited value for grraing. Some sheep can use the browse plants at the lower elevations. Deer, rabbits, and grouse find food and cover at the lower elevations. The south -facing lower areas are en important wintering area for deer. Green River shale is locally known as "oil shale." Exposures of oil shale aro at higher elevations hi t?lis unit Extremely steep slopes and rockiness limit dovt 1op- ment. These limitations can be overcome by efaxopri;+te design and constructon. This complex is in capability subclass VIiI°, nonirrigat- cd. 63 --Silas loam, 3 to 12 percent slopes. This deep. moderately well drained soil is on bottom Ind of moun- tain valleys. Elevation ranges from 7.600 to 8,300 feet. This soil formed in alluvium derived mainly from stnd- stone and marlstone. The average annual precipitation is about 20 inches, the average annual air temperature is about 40 degrees F, and the average frost -free period is less than 75 days. Typically, the surface layer Is very dark grayish brown loam about 14 inches thick. The underlying material is very dark gray and very dark grayish brown loam to a depth of 80 inches. Included with this soil in mapping are smG l areas of coarse foamy soils and of soils that have a light colored surface layer. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches or nhw 1 WIta nun 1 M t unnm un t u 7n •fin rt1M nn_c7_tlnu ,RIFLE AREA. COLORADO Orsteep. outcrop com- steep. This broadly cleaned unit consists of ex- posed sandstone and shale bedrock, loose stones, and soils that are shallow to deep over sandstone and shale bedrock and stony basaltic alluvium. This complex occurs throughout the survey area. The soils and out- crops utcrops are moderately steep to very steep. Slope ranges from 15 to 70 percent Tordorthents make up about 45 percent of the com- plex, Camborthids make up 20 percent, and Rock out- crop makes up 15 percent. The Torriorthents are on foothills and mountainsides below Rock outcrop. The moderately steep Camborthids are on lower toe slopes and concave open areas on foothills and mountainsides. Torriorthents are shallow to moderately deep. They are generally clayey to loamy and contain variable amounts of gravel, cobbles. and stones. The surface is normally covered with stones weathered from the higher - lying Rock outcrop. South of the Colorado River, basaltic stones and cobbles are on the surface. Carnborthids are shallow to deep. They are generally clayey to loamy and have slightly more clay in the sub- soil than in eta surface layer. The surface layer is light colored The profile is normally free of stones, but scat- tered basalt stones, cobbles, and sandstone fragments are on the surface. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Some areas are covered with basal- tic boulders and stones. Small areas of limestone out- crops and exposed gypsum are in the eastern part of the survey area. Included in mapping are small. isolated areas of Ilde- fonso. Lazear, Ansari, Begay, Heldt. and Dollard soils. These intermittent areas make up 10 to 20 percent of • this map unit. This complex is used for grazing, wildlife habitat, and recreation. The stones on the surface and the steep slopes make complex unsuitable for crops. Some areas can be �p pasture by broadcast seeding. Other plant- ethods are made difficult by the stones and slopes. Thmo dinative vegetation includes wheatgrasses, blue- s, Indian ricegrass, needlegrasses, bitterbrush, ahogany, sagebrush, and an overstory of and juniper, value of grazing is fair. The vegetation should be 5Sbto maintain wood production and limited graz- ctively thinning the pinyon and juniper improves and provides firewood and posts. Steep scopes, to severe erosion hazard. and slow regrowth affect harvesting and management of. this complex is a prime wintering area for mmeta, coyote, and a few elk also find food and 011 this complex. e fimited by steep slopes and stoniness. limitations can be overcome by appropriate and instruction. 3'l This complex is in capability subclass Vile. noniriieet- ed. 67—Torrlorthents-Rock outcrop complex, steep. This broadly defined unit consists of exposed sandstone and shale bedrock and stony soils that are shallow to moderately deep over sandstone and shale and stony basaltic alluvium. Areas of this complex occur throughout the survey area. The soils and outcrops are moderately steep to very steep. Slope ranges from 15 to 70 percent. Torriorthents make up about 60 portent of this corn- pierx. and Rock outcrop makes up 25 percent The Tcr- riorthents are on foothills and mountainsides below the Rock outcrop. Torriorthents are generally clayey to loamy and con- tain variable amounts of gravvei, cobbles, and stenos. The surface Is normaliy covered with stones weathered from the higher -lying Rock outcrop. South of the Colora- do River, stones and cobbles of bas&!t aro on the sur- face. The Rock outcrop is mainly Me= Verde sandstone and Wasatch shale. Some areas are c crvercd with ba,: -al - tic boulders and stones. Small areas of Iirrestono out- crops and exposed gypsum are in the eastern part of Ince survey area. Included in mapping are email Isolated aroas of lide- fonso, Lazear, Ansari, Gaynor, Trldotl, and Nihitl 5. These intermittent areas make up 10 to 15 per rut of this map unit This complex is used for lmitcd greeting, wildlife habi- tat, and recreation. Because of tho stones on tho sui face. the mock out- crop, and the steep slope, this complex is unsuiti:d to crops. The native vegetation includes whcalgrass, bluegrass, Indian ricegrass, needlegrass. bitterbrush, sagebrush. mountainmahogany and an overstory el pinyon and junf. per, The vegetation should be managed to rn intain wood production and limited grazing. Selectively tinsnning the pinyon and juniper improves grazing and provides fire- wood and posts. Steep slopes, moderato to severe ero- sion hazard. and slow regrowth of trees affect hervesting and management. Most of this complex is a prime wintering arca for deer. Rabbits, coyote, and a few elk aleo find toad and cover on this complex. Community development is limited by tire Rock out- crop, steep slopes, and stoniness. There limitations can be overcome by appropriate design end coneintetion. This complex is in capability subclass Viii, noniirignt- ed. 68—Vale silt loam, 3 to 6 percent slopes. This deep, well drained, gently sloping soil is on mesas, terraces, and alluvial fans. Elevation ranges from 5.000 to 7,200 feet. This soil formed in calcareous eotian materia. The An/An ',i CCC? CbR MR 'fllJ Vl.4 rlMT117311r11Ja JAtunnn tu1T11 i1.1 en . ren /MIA nn_c7_ Anti 10/26/99 13:50 FAX 9706250803 JOHN W SAVAGE PC UN ULI AN() IRA UPI 1. and oondNvnr 2. MARY , vas T. 7 Sea. See. In oro 201 Railroad (Ara) 02e-4401 AcB®IENL set REEREAMMas t. 1I432f ANNE BONG lake Site to the IOther b.. P11091 9., R. 95 W-, a: cost 400 Sr West 19 County of AMMO. P.O. f3W2e _ Rifle, Wanda (11 .$0 (1170) et5-01183 (Fax) DI 0 ' Buyer apron lo buy end the undersigned Seller red to eNc contract Buf+r• y reel property described below es LI Joint jenente _ OTHER COUNSEL BEFORE= OWING. CONTRACT TO BUY AND SELL REAi. ESTATE (VACANT LAND • FARM • RANCID) FRIDAY, OCTOBER 2t.1999 agrees to eel the progeny defined beiuw on the hems I I Tenants In Common ease: t eMSwv4 8E1/4sw/nr COLORADO 87936 , 1Y., The property le the following warier described real 9RI P_M. It of the SEIMSE/N outs of the BW 174sWtts, last so acres et are SW . Cobweb, commonly known e. No. UNASSIGNED ON CR 354 PARACHUTE Peel Ammo City Stale hep lceelher with Na aaereah, ea.arterNc. r1g1ts, beneftte. bngroremenls end attached rheum spour»mnt hero)•, e4 hems of Beller In vacated etre. end alert sderent ehaete, eaaxpt eo troche excluded. e- Delaa.antileadilime hero No. Reference Event Date of Deadlier 1 9 5e Loan Appneadon Deedlne NOT APPLICABLE 2 i tib • loan Com mfit:ne t Deadline NOT APPLICABLE 3 6 6c Buyer's Credit Information Deadens MONDAY, NOVEMBER 1, 1999 4 9 be Ola. wwval of Buyers trade Dwaine FA10AY NOVEMBER d, 1999 5 i 5d ' Exiting Loan Documents Deadline NOT APPLICABLE 9 9 id Objection to Existing Loan Deadline NOT APPLICABLE 7 6 5d Approvai or Len Trene1er Mamma NOT APPLICABLE ' 8 1 h Appraisal Deadens NOT APPLICABLE 9 9 7a 115e Deadline FRIDAY, NOVEMBER b, 1999 10 6 7a Survey Deadens NOT APPLICABLe 11 17b Document Request Deadline FRIDAY, NOVEMBER 12, 1999 i2 18a T9le Obiection Demme MONDAY, NOVEMBER 22, 1999 13 984 O1t-Re0ord Matters Deadline FRIDAY. NOVEMBER 3, 1999 14 19b O1? Record Matters Objwtion Deadline MONDAY, NOVEMBER 22, 19e9 16 110 Se9er's Property Diedo0ure Deadline Inspection 0201Ctioe DoedNne FRIDAY, NOVEMBER A 1999 MONDAY NOVEMBER 22, 1992 10 140a 17 110b Resolubon Deadline SELLER SHALL HAVE NOOBUQA1ION TO CURE 18 911 Dwaine Dass ' THURSDAY, DECEMBER 2, /899 19 1 10 Poessealon We DATE OF DELIVERY OED ED 20 I 1 • Possession Time 1 HOUR AFTER DELIVERY OPD® 21 129 .flsoeplsnos Deadline Date TUESDAY, OCTOBER IS, 1949 22 9 28 Aooeptance Desdfno Thee 5.i 0 PM d. The leaesinb exhildla siteehmenlv end addends are a pert d Wet contract Ekohange Addendum (FX 324-97/; Seller's Property Disclosure TMC 18-9-95); a. Apalkahlituflauns. A check Of Semler more In a bot moan* tn.t aucn pnnN*lon Is applicable. Tile abbreviation 'NIA' memo not applcedie. 11.0 Pings! MONO VIM *te dna mona ao liaaNctradISIFFERCNTIATED Toadish, h..y ber. wwaved le tM Ceasdo nd Este bonetellen a soar Jahn W. 8etrege, PC 0T/T9'd L25 6Lr0T SZ -0T'6661 lin yBTee haat : S ; DBBe 9Rl®7.15�Ot�1 13!S5:Cc 1022199 trateafr—isfa swee •seas awns. iteoolac'nre 19e9 39w1 WOMA le a 0 2 10/26/99 13.50 FAX 9706250803 JOHN W SAVAGE PC 04 New Loan. looMMIYMD Ian Immo peke, n any, NOM ea et Own" end Wel not exceed N/A I5 d se total Notwweenarn0 We aerie .Mewl rete. Ore Pei *A Nan dismount peltas stall beOld by • and i e Wilmot, k any, IWO be peed tX Buyer shall UM/pay BMA fan COO WI a ban ergtatlen ere not a timed N/A >i of the ben amount. o• AIIMISIIL Boyar areas b mom* ens Man MOW loon N ale inerex mate amount or tar Aeaan0dcot Bream lel Icon in ate Omen, maw* mart et PT marah i dedip 2I14. Wow* mlesertOy at w par, arauwr, endues MCMdbajettatior tar Me letionne ea bakers) QASM WSW TIUS U Property Neurone Preinenn, pad•MM. OMR •• Bgo r epees b pay • ben neralsr lea 1 le emeW . At eta One of ammeter'. Ws new Menne We Mill ria eased % oar annum and Ow new OPP *►r payment )trap not waled pending and Noosed. ties *screw, i any. P the ewer pmepal began el We editing ban at CPI% le Ins Oen 1t* A»atrors+Bilsae, With owes Oe mewl oI cosh required rem Burs el Cleehv to be keleesad by more than man Buyer May Terminad mss wrdrsi slants mon raving by Seine( Buten% writer notice et ionninallors or Baan F-1 shell ri shill Net 1. reitssod hom bob on cid loan. • If aindka le. tmmplewe wbh the rer ubsmsoe for rename sem fla00y Stell 1e esfdeneed by denary at Coming of sppapotate Misr M mu1t1YMSem wedar_ Cwt payable ter remit omtable/ wail espfdby •• MOT APPLICABLE •, nen .mem MID saner le)i d Beller BLPIb►� 81'c'. • Buyer twee to.aaaue a taondse,ey note payable le: 08Wd A. Fielder and NNW 0. Prckfar all 123 Joint Tenants f Temente In COMM Other . en the note tenni es mdteaIM (UCCC - No DelaaIt Rad) NTD 82-8S E wan lar) MO 81.1143 EI 01Mt Secured t* e (tot, 2nd, 0511 Miff • deed d Pun.rewmberko the Properb, lake the form se kdlaned: © MAW Dvo Qn•4de (10 71+1181 0 Other Ctadhwotehfr (TO 72-7-88) A8NNrlMle - Not Du.On-doh► (td 74.741) Outer ® tMtW Q 8►e8 Met osoew end debar, at Cluing, a Ssoi$ly Agement and UCC -1 Manahp Slelamerd pwthre the Miner el °e mom/so ' rale a (1 a1, bd. ale.) Pen en the permed poporfy included in ih,a 11N. The preniaaa y Ma Mal 1e aarenMad en eh4 PITO of 3 Fin yaw. 7 mantis. Payable at 85&38/52 per year Inekudlry pinnies! and Miami et ler rate of 8 W per WWII. Payerar.s Pas eomrnanea One year Nara data of pe amhaery note aged Mol 1sdu1 on Ply eat watt eank dab lay of sada sueesedtrq year • knot nom Md. the Wm dl 141451 Ong teems) blend ib&1 kw dY1 aria payable 21n'Oare .tier Meow P.ymenM 80500 © 8h*It Net be Increased by .1/12 of estimated mama) reel emote tore.,. MP El OW ill !MN Not be lntya e.d by 1/f2 a sennwad wWalaOpety IMAM. a.mlurn The Ian she oho Gonad the foaowirup lama O any payment b ref r.00Med WPM 10 calendar days ol1Y r Aute dols. a WS Pharge ef %OB % Waugh PM* payment. diol be nue. Inter*at on larder disbursements under the deed of Mat dell rte _ • 20 _ i pr wean Defeat b own hale sial be 20.0000 % nor won. Boyer may repay wtilloutmenet* map •• NAY BEPRFPAW*MOM LNWTA7ION•- Wpm shall a shaft Ndf proelee ■ oro.oieee's tie leurenee poky,* Boyds worse. 0. CaraOt rdnipg, All owes geld by Bye et Cisme Mebane Coeh al Closing. Ms Buyele oleebp 0o01- 6hea ria ti rondo awebh oompay with ed oPolke010 WPM ferns, which kebob stein, eleetrenle Ow* lends. certified attack awry' and lean Wet'0 °look and mehle1. cheek (10ew F,ardoL L Bums OONDITIONB AND OQL ATIONL • be PIMP C or ByerIsNpay Male.o►PrPurehemRanbyeba1.11Qarawlean orOMethod a Mike. Buyer, i r°g►nee W ooh tender. Thal reale cense speOglbn by Lean Ao,Oe51sn Desefn 6 2o). Bmor Wel OGo,erse whh Stew and raider b obtain teen anomie. deIgeray end WI* moue same in ped mei, Qeata.l mamma and Ivds1 sl MMm.sen and dcomnree muted °y endr, gad, auu0ct b e 4, kmety pay the ens et obtainh9 such loan or ander ocamm. Ewer apes to noddy the reasonable ragukemate of lender, and Thal net withdraw We bane anumpion 800do011011, not eeantionaly cause any clones k oreaesfanea which vola popsies twofers eppm,rel tithe loan tip a1yi0H «fan tang of the eon. kr 1 b. jaialmmenia ewer to el ssreaet r urr snowier a wer1enb t0ar ell oport e r rl ore Mee t* ebta 0 a hew loan ell ap0af. f 4b. Item aM+e. required by lender, (11 Order voilineen or enlebyme t. (O 1110er wood el Byers aediimcebb n.. p) lender vYeloetkm clef Buyer tea ounieenl hook b doss, and (4) epealtalen ef any rsreettlrq raglrt.meri10 hco RAMO Saki ben. The eenrdl0ert shell ea ).wand erele0d ladsea SAW ri ebA nom (gayer, tee et* than ►earl CoelmMenard Oaesria (I 2e). mem scene of Buyers Inability to abeam mon pan commitment 11 Own a notifies 8eeer, Ont unreel dreg lana e. IF SUMO WAIVES TINS OONDfflcN BUT 130E6 NOT CLOW, BUM SHALL PE IN DEFAULT. • Tho pbbd maw MOW a.a omit ea yell) s+-.... roes a..m.rvs ud W ew convenor mow eanwo atraas 54401 Buyersinfteb _ _ &AsiaWilr Oi108k18718k00024 1311&3/ 10/22/05-,eeo0.tmeeiaS;eFtre Jelin W. savage, pC 01/£a'd 0900 0Etat VC -91.5651 x000 96146 14pLrd 10/26/99 13:50 FAX 9706250803 JOHN W SAVAGE PC a anitailliNININAIL 1 se et Pend 1e PWWe.s {Nies ey mecum a promlgoy 51 Baer a e en Maw Ion b sot to is eileaged r CUM& comet IP Malornl upon Sallee. approval of Buyer's lumbi medermnhi+sa, which appose, Nat Ire al Stain eons and amen dPasMbn- nn ouch OW 0 Buyer shed eerpply tv Seller by ra thadh hderetmBon enddble w'c). N euldaaeperm Ana nelbn end dmtnhne& mnsemky Nye.' enemata& e*:pld1nwd and uie0l C111010R W Drew coma bet Per trap godly eider% $IWCil obily and crediaoredneis (krrervlr11 Maiden e current alit repaV: (8) ler tads 4.awede n end demoiselle resided by 9oae Ma to het by paver ti eonedence. and and Wowed !e oder except w poled sesr'e Atwell le tlnle bersesaerm; on 11 Seger den *el pi,Ade steam rbeb of Sebes dsasonnA to buyer by ellasP4ra+d re boyar's Gnat D%dhn 1, qvl. Moen Seise mew fhb mdlkm. if Who dowprowde sonen nonce of dimmest st a Buyer m re before geld dale, We omelet lhd tamkela. d. adignajiadd.fiiiiME n en srbdee nen is net b es {caned et Closing. 8dw semi provide mine et Me km dewire prvehv gee nob. deed ef We. end am nsoasfsssone) to Buyer by token, Lover Oocomots Doodling (1 dao). Mb Mend fe eenBle rel Non 0oq MNwend append d ri ppeviews d such leen docatrnd. a wheat rebs or obpc1on to such loon documents, Owed by Bider, le net i .Ivor by Baler by 011 Orenorien fidb0i Lear, De ndepe Is 2o). Buyer soaps the tante end 000/11051 lel Ifle dbolteenh. B the IsndOe among of bander al fro Newly b gently{d, ri>s urban a aOnJlloti upon Payers WIN** Duch approval w 'liver In M ane el bleb ben. tense, a011l 1pM el i 4c. M Tender's WINN le not obatrbd try Appeal et Lost Tree** Deadens (0 2u), fro memo shall aminate a coon dos. I Mar la to be winged Iron Web under gosh wd.Oig boo end Buyer does not obtain bon .o nrbu**+ es set rotor in 1 ere. ger mond Pray t.mnileted er beers option. 6MERMALPIIMPIIII 0. Alnetinilliallithni nes s.bn.tbn t ❑ ehsa0 129 Shan floc corry ewer snap hoe ere one e/t*511 red Mtear to memos >M mom w sins Pwenw Peees meads dee Properly...weedct dearneesd by an apprNaw i * 1 by NOT APPLICABLE T)e central shoe centrals by Buller probe Gest neon mow M fermbnal.7 Ptd other a Dopy at such.,. n15al or wrlran nom . earn tender {tion tanlkms to Pe:IW Is Manx, i1 age Wan Mr Pleonags edge. tecelved on err Wore lbs Appe ls& Deadline (124. 0 Maar done net Asunder s.eh ndlSn none• d lermIe11an an winter* the App0N11 Deadline (9 2d, Boyar wsive% !Wright to W On0le under VW .Aseellan. b- Gbs1 of tiny sppr-Alt b be 0buate0 alar be dela et Its WOW( b1 they paid bo Super Soler. • 7.EIWOLQUMA igrhinn2LIPLThtfahlonl. On or broom Nee Deadline (i zit. 6eMabhall eaua%b be henbhed a Buyer. e l 8%Mr'e browns, a cement oontrldesnl ler senses no Incomes potty In en %most equal to die Ronan wit or if lie box MOM. 0 An Ab11MCt d We meted to e =rent der- If s elk Inman commlm.nt. furnished, 11 E Shell Shell Net malt to deloN or Into%ever del txlndrd egeepfbne which 01. to: M prone M pveegian, (al unrecorded esas.evtl. DI atevquinseam. in any mended dna s:ho ice etr& silt gap Pend (saAse dors d earw.laeent to date dose Ir reosr0.e), And NI male been a.ses%rnerts god unredeemed mag aalq Marra AS ya.r d Cleeehe, My Waived trseetett sante ro sludge awl nano/ memo ehel es Fold by Buyer r] Bonet M woo epitomised . IMA 1b► Mie (au of any inromeniont leaden oanaloetu or survey shall be es Elgaper Sneer. Kthw volt mreaed1 Ore arae et, el�d g hee pay eo mean on or berate 0.siras. The knpdevemmu 1.eeeee amnia, or wavey (Mabee reo.R,ed by Bose ght or beim elms Dead1Me (12.l, Swear ?hN yen Mie 1.0.1mUereo poesy is be deemed b Buyer se .o.• er prndoeble t1 or aft Meftq. f0.RULYNAUtmitEmei. Coot twin Tres Oeadibn (Iee), Sebo..18ela', soma% shall furnish b 8vylr, (0 a eery et eiry pies, dbeaedwn., oo resents. ej'o�a end t.ablpione lwrdsgne the Properly, grid CA M ■ W e insane cosmdtment M b nquired be 0* 0.7000. are Mese arm w aMdl wd 2D (,login et Grey Otter 000110111e0e fro, 7f *1.1107.- ewem.rles of Both documental Mad n ore weeders devote gee (8erfpdgne)• Oben M the bob nor Molted. Seder enrol Dew dee abepadatn le banish less d.um'.ra pumped le Ns a01...01... N ngwssd by sbyar soy erne ono before the D.almsnI %squeat Daedene (i W. 11* requirement siwl worn any 7o Pr owywiB se atm of mad in trounce of Me deer and t000rderte). 7)e abrk.d Or ilea israanee e0danbneM- ttpwelr M1h arty Copies at nxr.twtes d wait documents Wished persued to this Section, combos OM Me documents (Tiro Doevmeriel. • a. Bill error shat Me the elghl to looped be TI. Documents. Milan Mos by buyer of umrorehenlebMly of M► Or of a7 clear wweMntery dila cendltion shown by the Tag Documents shell be Signed by or on Mall d Buys* grid riven to BOW on a letere This Cbkgtlar Da5Mlnl (0 20). a engem Mor W) colander ohne shad sculpt by ewer of dry Tek D.eum.d(e) or endowment/0 atlletq new negapeonn) b der Mlle sonurwynsfo breeweflb s aopy de* 70s Ctmenerrt addled im E.00peon(s)1e tl1.. lrSege der not receive Buyers nob. Arae deed) e%e.la/ abate, Buyer rasmps, 1. c....J0 .. Crib ag d..Mud by do Thlg or enb.. .1715 y. b.litattnallitinlehbitO2181111111112001L Saba geed dabs re Bayer, on or babes 0I,Naeele Mao* Mem (A Yo) bus Men of el base() ere atavey(e) In Beletl pneeson pad1nkq bite Property end villi Plebes to Buyer al sewn se, Yin or ouw ens {{uveae not shorn by be piglet neatd1 of onion DeWr res actual bsowadg.. Buyer gnel )gore deo den ger 0repecl In Property e deremwns 1 any two confeeer age any debt k the Pr%p.1y not mem by to ptlbl. {.cords (11m so an unrecorded seraneel..nnrdad ass. or boinda y etoteoaspeaq'). mew nibs day w todeloolter teadltat(e) derdwed by Seen or revealed to such bapsedbn Nue be espied b ass belief elDgyer end shin b Bestir on barn Off -Record Malan Ogsetlos Deadens to 20). If 950,1 doss not {cost Dwarf robe by . eke dos, buyer =epts lel wenn le ellen Inns. eery, of BM pwlbs of Mich lfuyx her semi browtedss. Tis 0roudse or M tom eeerti ego JFD) r.e(ab i, Now Won spwoed by Ow Gamic rod SONO Cem..ierrre'5e 14101 John W. Sswge, PC OT/00'el LSO -10t Se-0t'506t Seabee m 51000[4 1k40:oe 10/1/1109 rj ! a - I Oorka.11M veno zone woad O fb05 10/26/99 13:50 FAX 9706250803 JOHN W SAVAGE PC 0.lawalimetummell. 4111' AL MUM/ WW1 etNrra MA T UG aArwet; r fY dram") OI LIGATION pUOSPTWORRIIE THAT let PAID BY REVENUES PRODUCED PROM ANNUAL TAX LEVIES ON 1116 TAXABLE PROPERTY WTI SUCH DISTRICTS. PROPERTY OWt EA8 DI SUCH DISTRICTS MAT BE PLACED AT RISK FOR R/CRulgiD NILL LEV S AND N/ICES8NC TAX SURDERS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE JNAINLITY OP SUCH A DISTRICT TO DISCHARGE SUCH INDEOTCDNSOB WiTTIO JT OUCH AN 01CREASS IN MIL MM. RUM MOLD INVESTIGATE THE DEBT FIRMING Ra0U1RvisITa OF THE AUTHORIZED iNENERAL ODLFOAIION INDi1TEDNESB OF SUCH DISTRICTS, EJOSTINO MILL Mow wane DISTRICT SER1RCING MUCH 1N0111TEDNESS, ANO THE POTENTIAL FOP AN INCREASE IN SUCH #ILL LEVE& 'nth, ewe Ifo Prtyerd b boded alder a model ladle dbkbt rod Hine desks' le tem*Male bbl' ooneae'se s resin. If vnllea neAes N reedardby/Mr on abets. OlhReo.rd Metter. OblecHen Deadline 112o), era contra!! Shia than terminus. tSeller dew not mem Buyers nerve q WW1 able. Buyer ammo erre mend ate Ptepmtyn nerraket In ooh andel taxing dlebNI(a) end memo Me dlht to go lemerae. • 4. Rip t a Wet Seer», noose a1 w+todetpngMWy d tale or eery oder aworldectery We meld is n(e) re elrnnMatere KIM at provided M 11 s or b above. Soler dal we reasonable effort to cowed sell mote me: beer any adnblaf mimeo wooded Oa sante prier C101111‘. /10001FtlellfOCt7y (Ilse fiCxd00410 VI not 01•1.04!0 MO, WWI CloeMta ede con•val ehM Sten termitese; pavided fxsonmr, Buyer M.Y. by erten nolo, remind by Saler. an a beers CbeMO, wMve ebleosan kr such tems. v. TM.AaetltlgtL Tice Tab Ooeumence affect the Yds. emierehfp Dna use er he Properry end.Igdd be reviewed ereluy. Addlitonay, Wawa mates rot relxwd loan Tats Dsaatte & may &ilea MN tlm. oana'h4 end tee el the Property, MEkdi, *taut rpnatben bel.vea r does sod eo plizein.tbt ares Boriseteavd d saeerneine end dames o(essenami. New and other enrworded agrealien s. and turban lave std gevsnrrwotl rptsnbtte eoraematg and use, developrrwne and environments mavensME a*AMFACI MUTE MAY HE OWNED SEPARATELY FROM TME UNDEAIYINO OINFRAL ESTATE. AND TRANSFER OP tHE SURFACE DATE mei NOT NEOE88ARILTIC U/OSTRAN DER OF 1111 NINIRAL RIGHTS. THIRD PARTIES MAT HOLD NIT!Rl6TI IN 011. OAR, °Inn 111WileAlLORCHIIIIRMAL111111111111 Olt WATER owe yligje SOWS TO !N AND MINI PRCIPIR Sih imam row whaled tram bw rape peliageosa THE PROPERTY, %MOH y. By bMa herbed to Wary canna regal counsel with wpm to el wen matin se tam ore et ietttme salla preview rn vie contract tap., we Ob)seuelt Dews* ti blind OIefRewed Nelda, Ob c,Ven Deadlbe 1/ Pec. . 0. • LSADAARBD PAINT, UAW psmpl, 11 the Intprovemenie an um Prepedy Mcluds one or more reddened d ali (m)tan which a bnidrDpnM wee 118u00 Pitt 10 Jemmy 1. TOTS, tfda contract Nal be vale snores A aomprotee U UQO.0Asad Palm Dledauiw Melon) lore is dyed by %Air end aha wgtiad reel viae lcanese(0. which must mos pr.x to awe polar signing He ocntnel. 10. On or below lidera Property Diedw tee bDeedlki GM. leper aper b provide Btyerwbh a erten wrobore of adverse marten. regatAq she Prepply completed by Bare to ere bead Sakes COMM( wimp warp s. A Buyer AO have Um right to hens H4p.dtlod.) of the phydesl aenaroan of lite Papery awed larltwa ms, ore &free..peri.e. If the "dad .Duddon of the trophy or knrhabne le wteetlelectery k, Buyerl sutledhre dxrelsnl. faller Wel, m cram= amperdioncaprollan yeadbne (l ick (1) rail Sider In array Val $ prows it kerrelneted, or let) deride Solerwlh s wenn de.erloPsn et any unsssdesbry p'yu .$ conMUon mesh lbw maims Meller le mewl (NSW a Conoid. a wrll en poste is rat fabled by $Vat on or belle bwpeetlen obRaseon Duarte (1213, the physlesl Smelter. SI rte Property and $ndmlen, eked be deemed b to wlleieetery to Buren. 0BakaudanDeadina. II a Hoge* le Carrels N eeswed by Seller end If Buyer end sear hems nisi agreed M wrNMV b e*unterA Menet wits bslewResebuIan Deeilliq 10 20. Mee arena ehdl termiryts one calendar dry fdbaing the Reeofudon Deadlbts UNe). Woe totem nide yrptlSNelt Mat veueinee Bayer's r.rteirr aN.hanl d Iffc Nollaa to Caned. . e•Datmorait Bow le reaveneWle tor payment ter ore inepec lone. &rive!; enelre.rtig rapists ar ea any other weak petfarmed.t gyres rtihleiet std PTA psy kw any dense which moues la the Property Old indusforie et e mould slob adMllee_ Stow scall not permit Dales or lea a1 any brie ageing the Property is impeded, sundry. ergh.erkq motto aid kr any other Sort pararmsaen the Popery at Sweet re,aet Hoyer apse. b Mdentn'y, protect end hold Seder henrties, horn and against spy dub*$y. damage. `set or expense lncae.d by Sitar in correction nth any ouch kageenen. 010bn. Or len. This Indemnity Haled.' WWI Ager b /BMW al soete awl wens= Incurred by Saler le ~vs Mier adiez a en, Mttl oat%Jslsle reaserebb Omni?, Noe. The prwi ane of ids eubeselbn shell ag lee the terminators of Baa toner.. • 11. ja(i wooly d deed(.) tarn airier to Seger Mid be at Closing (CbMy1. Cloel q OM be an the 4140 spade d ss me Crash's Ong NI geld bb naa a%a pearrteit a en meow date. The hour and pace d Ctodrq.hal be a designated by • 12. TAAIr7mOr TiitE, StMeel b tender Or Aarr ate stamina ewe reoalsd basin aid coeylsna by Wier von the raw Mints see trodden. hand. Sean Wel wowed and diner a good and randy* SPECIAL WARRANTY deed to Buyer, ed Cbekig, oonveyIng an Property Me end dew of el line easel the gunneries= b Ilea year of (reek,. Emept.e provblod hereby 111e dal be conveyed bee and deer dal 11 110:119 aro Movernowasl mer for specie bnprorea.nte sn11•ie0 M of Bhp date el Dives signature neree$L Hither massed a not Tlb•sheo be tanweyed stilled Ira s. thole spark Emplane degarbed by reference 10 recorded doormats is reflected In the The Decu erne wooded by Bum M adoerderice it i 6e Tilde Revieel. 0. dsbbulbn Way asnnanw a atow'p*QS/oely demand rights el NH pwtNs not strewn by ahs Peelle recede el which Buyer line soerni knoaeeps and widen vrwsaoopptol by Buyer b soCaterna nlh 1 Bb Blekers Not Shown by wets Pable neconal and • d. babelan et da Property whit wrly Mesial timing MAIM, AM s. Ma bermes air Dun*, ed any *canine sod pay well apeernMie. ff any. And T. other 8SEACOP711DMAL PNOId i N9 OMNI marmot Ws Irk meeptae lildfoliatitOPPITRENT141110) imam hirm sem rienema or ihr Ceiormoo Adoi ems John W. Savage, PC BW, bekvir: Seleste Idle* 15:12;10HSI0 VO ." P sward L9Bl =MOT SC -91•6S67 Ze80 361.41 e40n4 1. 1O6 10/26/99 13:50 FAX 9706250803 JOHN W SAVAGE PC la. • My wwmOrsal tequia .d lo pad shi d OI Peed Clotting from the proceed, d Wb rane.elbn of heal any owe . Us • Sum and Sees Mae pay, In Geed Fedi. Wok reepatla Gloom; epee end as anter Iwo opened 10 Oe geld at Milne, Incept go oIMadee podded harslet Soyer and leer (hal men end complete M eaean 'erfNsong* r.ghdld dowtmds a elisions CBS T . Fee ler esi estate JSP OWN embus shell be vee at Owe, by © On. -Nall by Whir amt OnFNsbt by R.Uar 0 [/blur ❑ Sheer 0 - Other The lona veneer rs d n✓e % d the Purview Pen Mal be pad at Owing by StiYK SNfst. Anywise end as tis Owe me, were' beam el lie baneselen eel be veld when clue by Surer Serif. 11. HINIIIMMIL Thr ielbibtp saw be ermeted w Crosby Gere (I el). weep as oaarwhe fnortded: • a. IININ. Peewee pegenb bee Per. and WWII res eNote line faros yew of Obenth based an The Tunes for the Calendar Year Ittm..mwly Preceding Geeing The Moat Repent Mau oar agile Nest R.Oent A..eeement Other • b. fin Plane bawd on Ll Seib MOM; Rasead 0 Ae:a,wd. fi.w*p dowel' hob by Seer NNW *NOW to Hoyer. Sewer !Gall We10^ eta Iewee to Drayer end buyw shat anunro BO bear- INOTAPPLfCABLE e Dthirinamailion. NOTAPPUCABLE Wader ewer chimes; ere intern en oenattrtrte Iosn(e). M tiny: end d BOLL 111. ffi169i117& to rhe Me.wah4 ass(e) wren enceN reader Uniele o howl 1. geed b menu. . Wee parolee* Cada be fie. • Pones ebn der mower ah0Y be hawse le Brew en Possession Oil. end Permasion Tine tl Oe). senator Lowe !) e.wsr..rrr. Closing. (Nolo es sir. onion hn N spewed. Been Otos be mewl to eviction are sin be eddlbndy bee to 'Buyer ler peyMefe of SLIM per day Ownpro Possession Bete to 2c) epoch possession tr ehay.nd. t1. NOTAillintall1F: flet eenrae vee not be mo noble ally Bum 'About sine's pier widen consent. Except al so ee Iwo d• gee ..nasal sepal Inyne to the WON or and be b ere upon dw halm. pweonel repeaenletbe, sucaossam and wab;ee el the ponies. 1e, Gmarnam a eNDjime x TO PROPEpjt(/Mtb pd ffi► except so otfharebe provided In fhb e enlred. Ste Pnlpse r, irebilene a beth Ikea SS dslvenld in rte o&Jlbne eebWg sed the dale of this eaana. mammy vow Ord tear eateeled- CabibliWWWwW1b. In demons ea Property a inclusions Shea, be dem. ss by fie or other Wawa, odor b t"A11tk* m an mount of not note elan en Crena et Be end Purchase Noe. Baler sae be obligated to neer the ..m. hilae the Moine Otte (0 20). 1i 1Ps /rent ave. Swap b Bol repaid Wein saki time Or N Ow damages exceed cis sum. stat contract may be semi esd« Ido epee d Buyer b deliming to gees melee new d bred* OOp. ahevid Buyer sett b cony nue IM. comet doodle wet damp, Bum eke be singled b. erect et Cbeiq, krsrthe bnratta/ palms Meek from arch deep to ae Broosrly and Maslow gasbag te Saws but not We oent.re -- • it awl, be the.nnoud deny dost e.tle prodded lar to ouch beuranw paw. oven credit ns, to exoad the toll Purees@ Price. • 131stid say hlduelerds) or esenerb l SAO* Weems end eoneenens Property. eq. Mein& pied**. e*.) hereby demeg.d between the dee of 1M0 mewl and Mena er poeeeeslen, disuse, AN be enlsr. e. Beier elves be aebr far eelepk ern Onininsnt of seo4Indu,bn(a) orewh4W(e) MMI o'$M d censer sem see and essay. or an epdvelaR a.d1 but oat b the adore what the matr..nnce er repieweent of wit Inchabn(e). ebrrios(s) or 140De(e) al net me nepermbaay of tis o.n1Nd .nadebn, (( wry. bee tirry inseam prom& m. Bind by Buyer oamilep win repair or nepblxmee. The eek of Oda dor any WOW* gtot•i110 mope, by fife at otter enlslly.ihs1 be bars by the party welled to the growing crop, *any. m provided in 13 end such verb shell be coiled to ewe inseanos pomade or benefits ler rhe gt.wl p aepe. V any. a. Bap,, upon enaheWe nodes, as.ii nave ow nee es soak through the Pewees pier e0 Coil; b heletr /edits physics, ooneteci oe Ow Property and winkles woe. whit this contrast 1D. ABOONNEWIlinaKarAZIASLANDISRAMIErew By signing thh document. BuY•r one Betts ecknowledee Wit the Santo; Compnr s Welk/dm Conserv he, advised put aIle document Ise Imported legal mtaehrer.w and hoe.eovlht1wnded ate exdmMIlon d We sed ansubaI0n with bed and lox or odea targe! Wont steno Orb *swam. Time 1e et rhe essence Wee uany now .r check ,e .ed a levee Matey .wounder or any othw Finnan( deg hereunder le not paid, honored wtendered w5.l due. et 51 orbs/ear obapeton heteurdW M not pntamud or waived. herein presided, Mere 1105 be the following ',medley 0. 1 be Iladvidt Q (it 9oAw may abatis but We contact ea eaMamd. N which Nee ell pygante end thin i o1 value ',Weed hereunder Nall bo keeled and etensd on behalf of Softer. end Weer may mune such dem.ges as may bo proper. or Siler may elect *Veal Oh1N eonbect or belle et Mil twee end NW WMM firegt a1Ne moo me let le Speak prfotmrae or awn egea, or both. . 119 til Al Plym.ree ofd 0* s of WIN ;oohed hereunder thea he fol MS by Buyer nd!stained an beheld Saee►nd been puree she thnetdlw bp ele.ad ase M ebye.we tsreund.r. it M served Poi met peymen s end eines drew we LIQUIDATED denim 0 a•d keotipl ea melded In subeedbn el are sawn SOLE MO ONLY ROOMY for Buyers 1511s to perform em Mertbm of thio weld. 5e11er elepeeef<r worm .e weed= *mama pfeeewtpe pod eddrond dams ee. The pews mow essikee►Menge lefrele lFRIRIII:tA17101erase.iwebenl.5Msireareo4gdeRodEOM John W. 9.v got. PC eT/Be'el LAM MIST 9Z-6T•6E51 Duret/ tore 14:40706 10119199 n MOP Sea, waw t�07 10/26/99 13:50 FAX 9706250803 JOHN IV SAVAGE PC 08 • to womb rowtmorm omega; r boot aw Mrd craw pbaeaen w moon mare to est.entad. 0w arblineor a coot shag wend to lin erevaterm parte el /aee9MbN.mete end trapettee, bet** MOW tea. . 21. Magi i a Heide mien Hein ro aril eawae t, prier le or alter Gte1nj. and* rot twolwd. de pales sae fist erneed N 0000 hon lo submit Iter to enwfw0ln. Medeten Y • uoa1. In wM11► the tree.m ower midi an impartial peon who hate to meta die dispute Irteematy end wade Medlenea sennet Impure weep deciles The petted of es depute must area betel arty saeaament t• bradI . The .side era foh4lp etwot14 eatepleble nedater indite ohne opal* N ow Leet of moll t.e.asae& The u,.d102n. arises olwnAse •reed. anal tent..e m the wont Ma .reran Ogee la net eueeh.a 9oaafweia dap Iron the olds ellen nrtaar requoefino nwdlaYan b sent b ens guy on Ow odrerf.d. Thb Aeoren net atter tine date to No mane. ulnae.rimmed speed. R WORST 110118Y{r1E. • N.ar1t .aims lay rnnaWlen et ale anweat. Y.iyar end Beer pages diet, In Om event of era mmtrovrey MOWN Ile Earnest Morley and d VOID nett by bolter er MIN C.envoy (.edeas natal wdgen Inetnarecie ere noeived by fie Wooer d ter Emmet Matey and lege el Molter or einem Cotnpinr Ail rot be embed to tette soy moven tuft may ave r7 POOeedaip. es at hr0hera at C10dn0 Conaltathra Mann and vola dlsote1atk nary h9erpiead d1 gime ma dopa@ any memo a time a.utue kilo a noun a UOmpelant l.wha8Bo0 and erred wow oast end feeseneeepe0oteyfem. . mow event the conked le imanelee, al p00900ts and M IR O of septa Testred herwrelw eMt be reseed and the parties chow t1 relieved at al testate., suttee to sit 100, et end a 24. ADCMCMLIEMIIICEL (flue imatrape et MOM adaulermi pevblone hes nal beep. uppsved by Ile Caton s ROM Eslata cee ndesim.) T. John W. Serape k a Cpfordtkl Wonted ansntey and neat estate broker. but 1t noting ki fbIu nrinelction ea SW OW aetenrey 0*dr and ht not rendering any real estate braking* twelves to Ober party. 2. Tera doelrfoan4 MMeug i it Aglow! We Colorado Real Estate Conerriaalen approved Iona. was *aped by Setters' .OTO arra motored by 6t►ytr'o eworneyend conaNne prvNsren and oranges to are fbmdhMenon approved form. • 2 Seders apes drat N and only U 41b transaction 1e elated on aubatanW9y the mono Mania ser forth hrieky Sellers to pry Waddle Reap' 9 aon*mfeetsn of $16,000.00 at dosing. • 4. sedtae smite no repri.MOa01en a ..meant)r err to Nor oohs* aerewoo or tete property Io be convoyed_ 1. !Oda maks no reprtaer1Nan as /0 the quenthy er quality of any erste► dghte to be eonYeyed or u ro NM nval oblml q or sway of grorard.nwr on see properly. . • • **ADDITIONAL PADVION MS 0011I7mtED - $#EIMAMS) CON1*UAT10N PAWS/ • •• 49. lv•� 1. ,. 11ds tbenlred oueBh1s Or encore weed between ked Mame mama 1e the 'And hewer, and err/ pilar epewnenb petldnbl9 tfete%.free*. oral w diem, have bean newer ane Meowed ime die conked_ oto. ibeegter9 mo Mallan deny or the toms of this minted ahs be veld. semen .gen t1r patine, or eekst able Wen made In eying and alerted by the partes. My ob lgellon in Lis welted mufu ch. by la me. b attended to bo pettwtnea after lemeiaasn is Cimino show sulpha the Lame.' 24. EMMA slbnameee (T) 21.2E M ey tot be a eldmece of r000M*. ooeumeate wed* *VINO elprot res dew be owvhled to the bow pony al Camino, or ow* upon request a 091 pony. . 27. KUM Emit for Ore nolo* roasting woetltbn deeerlbed M 121. any netts. a 0uyer *tee ba LrhstM lien seabed by Buyer Or /y 90111ng COmpsny weeny reties to We Thaw be Wo01M seen reeeh.ed by giber or 1$1019 Comm. EL NOUS Cif ActalEyettcelCOUNTERPARTIL Tlele prep:o n favi mete Wee .espied in .weer.. by 9etyer and Mee es a.rta0neee by eterr Olensbtes Won..ria I 0 0Nene no" ...Lyse noise of are epteme pennant to t 27 on cream Aee.prr+es ONdtaa Dere end Asoeptenoe be.diee Tee. O 2 . R eeoegderd, u1b *Mown, etellb000 e a Whine bream 8dw ale Buyer. A copy O<sue Qetem sr* may be .scatted Wenn pony, aeperat0vy, wine wren seep party lea amouteds espy teaser, with aepipealarm repeaecranal m deemed to bio IIs and atoolno eenb.el ararmen M. ,*111.. Buyer MARY AVE 009ELY Guyer: Soma Adam: Baynes Tetspllarr fiv Buyers Fat No: (NATE: k bN offer le 1011114 baunterad er ..Jested, de not glen ihle OOeument. Rater to 1991 Delo d1191101111 Dale or Orogen 1Ue owe Imo. erne. atom wowed. ateilea eltfa gljIMMAMO Oi,awoe.s.eerrte•ene'a•adyOoCeewasOsdere*QM.•.Meta.lCaa John W. Savage, PC 0T/40'd L901 02.01 2E -0T'6641 -au0.r.,negI_ _ o Wdleves 15'00017 10/10/9D sees. mOeQaeillIn 900tQa etae-seeporeroutme nee 'EMS 381.11 WOW 10/26/99 13:50 FAX 9706250803 11100 41 by John W. Wags JOHN W SAVAGE PC Dm es Wave /999 0. Promo e.V.MdtwerM1e DA. 1►ALNvr 04 Were Telpher' Ne: its sellers Furl: 10. Theo ewer is Ej Countered EJ fielded - Initial only at pstty 1114yeror8aler) vole eountend er ntlstted e1fer ENO OF 0014TRAOT RIESIMAIMOMMONEICM The undenlpnod erekMe) eekneeMOee nedp► er the Eurneel raw" *Wee wares P / 4 eed.n dl not • MI ' is ws emouct. Serpa to omerea upon memo WI any n.edleewt conducted under 1 ti. • • The WIN Cooper" and Il loMoow have been enpepe0 ow the Iltnndla+ M 0 Buyer Apwtt c Eller AgsMllubIMnt • a Owl Agent 13 Mn000tlun' Broker. Md 129 agate; ComOsnyl wnpenes lee a eemedeelan N to tepid by: 0 other ate b• eemeviclal M Nkat Ceepenr! LIMO Compenre a*^penesUen or comnaeeten N a be odd by: [` ®fryer El BOW OtMr rad. lieWne OOelp.ny Nom of Cowry) y theme d Oornorry) wotlilno Realty P.O. 901111 Penehula Teyphernr, Net l -$I-1711 Fax tic 16114311 er de►gnesrel e►1► rls Buyer eg Seller U11WI OOMP>ny John W. Savage, PC opt Reload Avenue, P. 0. Moe 1 E • time, GCIOrMe steep By. Tetiplaw we: 070) 0464401 Fox Ne: ltl701 WOWS taq.e tura) ,loan W. Sweep John W. Sags, PC OT/60'd £bee 9£res 9Z-et'SSG t i4:41100 10116/94 gI., '• Vte e.oee-NeeeenMetellen slw Mee WWI NOMA 109 DATE ISSUED SEP 14 2000 BYEXPIRATION DATE SF1 14 2002 Form No. GWS -25 APPLICANT OFFICE OF TRISTATE ENGINEER • COLORADO DIVISION OF WATER RESOURCES et a Gntennial efdg.,1313 Shannon St., Denver, Colorado *0203 (303) as6-3581 LIC WELL PERMIT NUMBER 228064 DIV. 5 WD45 DES. BASIN MD DAVID A & MARYLYN D PICKLER 2504 SAKLAN DR. 1/03 WALNUT CK., CA 94595- (925) 939-6055 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SW 1/4 Section 9 Township 7 S Range 95 W Sixth P.M. DISTANCES FROM SECTION LINES 600 Ft. from South Section Line 2000 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVE, 1) This well shay be used in auch a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this vwli shall be In compliance with the Water Well Construction Rules 2 CCR 402-2, unhess epproval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Instaiation Contractors In accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3XbXIIXA) as the only well on a tract of land of 35 acres described as that portion of the SE 1/4, SW 114, Sec. 9, Twp. 7 South, Rng. 95 West, 8th P.M., Gar5eld County, more particularly described on the attached exhibit A. 4) The use of ground water from this well Is limited to are protection, ordinary household purposes Inside not more than three (3) single family dwellings, the watering of poultry, domestic animate and livestock on a farm or ranch end the litigation of not more than one (1) acre of home gardens and lawns. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more then 200 feet from the location specified on this permit. NOTE: Expired permit 184846, was previously issued for this lot NOTE: Parcel Identification Number (PIN); 23-2407-093-00-020 NOTE: Assessor Tex Schedule Number. 270088 (92.12 acres) // ¥, 12 vo APPROVED DMW .Receipt No.9500197 State Engineer Form No. OFFICE OF TI1PSTATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 CenannW Bag., 1313 Shaman St, Denver, Colorado 80203 (303) 888.3381 APPUCANT LIC WELL PERMIT NUMBER 221062 DIV. 5 WD45 DES. BASIN MO DAVID A & MARYLYN D PICKLER 2604 SAKLAN DR. 66 WALNUT CK., CA 94595- (925) 939-6055 Q A TJO CONSTRUCT A WELL (� ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT QNDITIONS OF APPROVAL. 1) This well shall be used in such a way as to cause no materiel injury to existing water rights. The issuance of this pemnit does not assure the applicant that no injury will occur to another vested water right or prelude another owner of a vested water right from seeking reef in a civil court action. 2) The construction of this well shall be in compliance with the Water Wel Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved puteuant to CRS 37-92-602(3)(bXHXA) as the only well on a tract of land of 35 acres described as that portion of the SW 1/4, SW 1/4, Sec. 9, Twp. 7 South, Rng. 95 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. 5) The maximum pumping rate of this well shag not exceed 15 GPM. 8) The retum flow from the use of this well must be through an individual waste water disposal system of the non-evvaporattve type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location apscified on this permit. NOTE: Expired permit 184844, was previously issued for this lot NOTE; Parcel Identification Number (PIN): 23-2407-093-00-020 NOTE: Assessor Tax Schedule Number: 270088 (totaling 92.12 acres) APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 9 Township 7 S Range 95 W Sixth P.M. DISTANCES FROM SECTION LINES 600 Ft. from South Section Line 900 Ft. from West Section Line APPROVED DMW Rreiot No.9500195 '1"„d:4;if`- . , :14, DATE IScUgDSLP 14 2000 BYEXPIRATION DATEF 1 4 State Engineer 21*2 ook 307 age 37226 58 2:02 P ChD S. Keegan riled for mord the._day A. D. 11 Reception z0102o -----_�__----—ItECORDIR B. N. 222 $ RAID UN^tR S. ih' ' L L. iI i! it of the County of Garfield and State of Colorado, of the first part, and DAVID A. PICKLER and MARYLYN D. PICKLER itof the County of Alameda and State of al °oikie second part; s j tf fit eeb, Made this day of March in the year of our Lord one thousand nine hundred and fifty-eight between HENRY H. HERWICK and MRS. HENRY H. HERWICK, also known as GERALDINE L. HERWICK Witnesseth, That the said part 1ea of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration - .s, to the said part ies of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, cell, convey and confirm unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: The Southeast Quarter (SE4) of the Southwest Quarter (SWI) and the East Thirty (30) acres of the Southwest: Quarter (SW4) of the Southwest - Quarter (SW+) of Section Nine (9), Township Seven (7) South, Range Ninety- five (95) West of the 6th P. M. ; together with all water and ditch rights belonging or appurtenant to said lands, including all of grantors! interest in the Shutt Ditch and water priorities Nos. 80 and 100 adjudicated thereto. Together with all and singular the hereditaments and appurtenances thereunto 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 parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. To Have and to Hold the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor forever. And the said partteS of the first part, for them selves, theiirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor that at the time of the ensealing and delivery of these presents, are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, Liens, taxes, assessments and incumbrances of whatever kind or nature soever, except taxes for the year 1958. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of Quch survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part lea of the first part shall and will WARRANT AND FOREVER DEFEND. In Witness Whereof, The said part ies of the first part ha V e hereunto set _ ; eir hands and seal 8 the day and year first above written. ,, /� +' •,-C 44.ci . i� own as It raldine L. Herwic Signed, Sealed and Delivered in the Presence of � >. STATE OF COLORADO, , NA YEy,1�,,, County of Garfield In. The fore Ding instrument was acknowl- -. ® •,; , ' 3` S edged before me this. -- day of arch 1958.- �,�'�' by HENRY......�I$a?�TG . a = also known as QERJALD,I.NE.,L.-..HERWICK Co LI ti l�fJ1J{t�u11`1 Witness my hand and official eal. My commission expires .-..cr7-�'.r 7..71(?. Notary Public *If acting in official or representative capacity, insert name and also office or capacity and for whom acting, 500-B-P—Revised WARRANTY DEED TO JOINT TENANTS—Out West Printing and Stationery Co., Colorado Springs, Colorado • 1 QUIT CLAIM DEED GRANTOR: John W. Savage; POB 1926, Rifle, CO 81650-1926; for the consideration of ONE Dollar and other good and valuable consideration, in hand paid, hereby sells and quit claims to: GRANTEES: David A. Pickier and Marylyn D. Pickier, joint tenants, with right of survivorship; 2604 Saklan Indian Dr., #6, Walnut Creek, CA 94595; all of Grantor's right, title, and interest, if any, in and to the following real property, in GARFIELD County, Colorado, to - wit: AN UNDIVIDED 1/2 INTEREST, IN AND TO ALL OIL, GAS AND OTHER MINERAL RIGHTS UPON OR UNDER THE FOLLOWING DESCRIBED LANDS, TOGETHER WITH ALL RIGHTS OF INGRESS, EGRESS, AND SURFACE OCCUPANCY APPURTENANT THERETO: T. 7 S., R. 95 W., 6th P.M. Sec. 8: East 10 acres of SE1/4SE1/4; Sec. 9: West 10 acres of SW1/4SW1/4. also known as (street address): none, mineral rights only, A PORTION OF Tax Schedule No.: 27048, Parcel No.: 8047-085-07-000; Documentary fee: $0.20; with all its appurtenances. Date: S/07 STATE OF COLORADO GARFIELD COUNTY )ss. 4e foregoing inst ument was acknowledged before me this QtA04 day of , 19f7 by John W. Savage. My commission expi es: /dhp/2.000 Witness my hand and official seal 530 Notary Public Return to: J. Savage, POB 1926, Rifle, CO 81650-1926 111111211111111111111111111111111111111111111111 508214 05/14/1997 01:57P 61018 P530 319 1 of 1 R 8.00 D 0.20 N 0.00 GARFIELD COUNTY CLER Enclosure For Your information Battlement Mesa, CO Mineral Rights Re: The following information is enclosed: Original Quit Claim Deed, recorded 5/14/97 in Book 1018 at Page 530. To: (- Mr. David A. Pickier 2604 Saklan Indian Drive, #6 Walnut Creek, CA 94595 Date: 6/6/97 Our file no • 2036 This information is: $C Pursuant to your request ❑ Pursuant to our conversation ❑ Just to keep you informed of the progress of this matter. File if desired. 7 Please contact us If you have guostlons, comments or desire more Information. JOHN W. SAVAGE, JR. THE RIFLE HOUSE 201 RAILROAD P.O. BOX 1926 RIFLE, CO. 81650-1926 OLJ/1N1C. /11'7A% Cne 4 . 7P r .s, i..-.... ....� ........ RESIDENTIAL COMMERCIA1. • . FAX. 970-285-6313 P.O. BOX 518 PARACHUTE CO. 81635 atiting ikeattp GARY L. WATKINS SANDRA M. WATKINS BROKER HROKER ASSOCIATE May 2, 2002 Garfield County Building & Planning Department 109 8f}' Street, Suite 303 Glenwood Springs, Co. 81601 RE: BoselylPiekler Exemption Attn, Kim: The developer of the subject property intends to include an 1. S. D. S. sewage disposal system at each building site. Sincerely, Gary Atkins 05/28/2002 14:52 19708762348 4111 • GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent. May 13, 2002 Comments Due: May 29, 2002 Name of application: Pickier Exemption Sent to: Garfield County Road and Bridge Dept. PAGE 03 Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Stam contact: Kim Schlagel 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General comments: T _y..,.1!. Lt. As L. _' • ' ! 354 is 1• to er listed on our Hi ° hwa Users ort : d is mot ntained b Garfield • Mid +e y, t. the mes ujl i isc+e of a driveway access hermit entering onto Couirtv iy issue that co Road 308. Revised 3/30/00 05/28/2002 14:52 19708762348 • • GARFIELD COUNTY Building & Planning Department Review Agency Form Name of review agency: Garfield County Road and Bridge Dept PAGE 04 By: Jake B_ Mall Date: 5/28/2002 Revised 3/30/00 1 DISTRICT COURT, GARFIELD COUNTY, COLORADO Court Address: 109 — 8th Street, Glenwood Springs, CO 81601 Plaintiffs: MARY ANN BOSELY, DAVID A. PICKLER, AND MARILY D. PICKLER, Defendants: GARFIELD COUNTY BOARD OF COMMISSIONERS, DAIVD TONDER, MARYANN TONDER, EDWARD A. STIER BERGER REVOCABLE TRUST, KATHRYN ENYEART, ROBERT ENYEART, JACK ENYEART, JACK GEORGE PAVISICH, MARGARET PAVISICH, and all unknown persons who claim any interest in the subject matter of this action. Court Use Only Case Number: 00 CV 45 ORDER OF DISMISSAL THIS MAI "I'ER came on for hearing before the Court this date on Plaintiffs' motion to dismiss this action as to all remaining Defendants (other than as to Defendants Tonder, previous dismissed by Order entered April 8, 2002), the remaining appearing parties to this action being present by counsel, and the Court being advised: FINDS: 1. This action was commenced to quiet title to and sought declaratory relief as to an alleged roadway or access, sometimes denominated "County Road 354" or "Road 354", against Defendants. Defendants Garfield County, Tonder, and Stierberger have appeared, denied the complaint allegations, as amended, and raised affirmative defenses. CASE No. 00 CV 45 -1- ORDER OF DISMISSAL 2. The Court has jurisdiction of the subject matter of this action -the alleged "Road 354" or access situate in Garfield County, Colorado -and the parties to this action. 3. The lands and ownerships pertinent to this action are situate in T. 7 S., R. 95 W., 6th P.M., Garfield County, Colorado, and more particularly are: a. Plaintiff Bosley: Plaintiff Bosley claims ownership of the following described real property situate in Garfield County, Colorado: Section 9: Sw1/4SE1/4; Section 16: Nw1/4NE1/4. b. Plaintiffs Pickler: Plaintiffs Pickler claim ownership of the following described real property situate in Garfield County, Colorado: Section 8: Section 9: East 400 -feet of SE%4SE%4; East 30 -acres of Sw1/4Sw1/4; SE/4Sw/4; and west 10 acres of Sw/4Sw%4. c. Defendants Tonder: Defendants Tonder claim ownership of the following described real property situate in Garfield County, Colorado: Section 16: Lots 1, 3 and 4, Winter Subdivision Exemp- tion according to the recorded plat thereof. d. Defendant Stierberger: Defendant Stierberger claims ownership of the following described real property situate in Garfield County, Colorado: Section 8: West 30 -acres of the SE1ASE/4. 4. "County Road 354" or "Road 354" is illustrated and depicted on the attached map (ExHIBIT-A to Court's Order of Dismissal, Civil No. 00 CV 45, District Court, Garfield County, Colorado) as an "unimproved dirt road", which map is an 81/2 x 11 composite of parts of USGS Quad -Sheets, Grand Valley, Colo. N3922.5 -W10800/7.5 (1962) and Rulison, Colo. 39107 -D8 -TF -024 (1960, Photorevised 1987), with County Roads 301 and 308 and "Road 354" labeled. "Road 354" appears in the center and to right of center of EXI-IIBIT-A, and begins at an intersection with County Road 308 at or near the Northeasterly 1/16t corner of Section 17, T. 7 S., R. 95 W., 6th P.M., then proceeds Easterly adjacent to the Section lines common to Sections 8 and 17 and 9 and 16 of said Township and Range to a point just Westerly of the quarter corner common to said Sections 9 and 16, thence it meanders Northeasterly and intersects County Road 301 in Section 10 of said Township and Range,. CASE No. 00 CV 45 -2- ORDER OF DISMISSAL • • 5. Plaintiffs by their complaint, twice amended, allege either a roadway or access affecting the Stierberger property and as appropriate against Garfield County under one or more of the following theories: a. "Road 354" is a county road; b. "Road 354" is a public road under either R.S. § 2477 or Colorado statutes; c. "Road 354" is an "implied" way of necessity; d. "Road 354" is a "way of necessity', and e. That a "way of necessity" should be imposed on Defendant Stierberger's property. 6. Defendants have denied Plaintiffss' complaint allegations, as amended, and have, respectively, alleged several affirmative defenses. 7. Plaintiffs have moved to dismiss all complaint claims or as the same have been amended with prejudice. It is, therefore, ORDERED: All of Plaintiffs' complaint claims, and as the same have been twice amended, against Defendants Stierberger and Garfield County be, and they are hereby, dismissed and dismissed with prejudice, subject only to Defendant Stierberger's pending motion for attorney fees under Rule 11, CoLo. R. Cry. P., and 5 Cow. REV. STAT. § 13-17-102 (2001). All of Plaintiffs' complaint claims, and as amended, against all other Defendants (other than Defendants Tonder) be, and they are hereby, dismissed. ENTERED this BY THE COURT: CERTIFICATE OF MAIUNq I certify that a copy of J Foregoing was mailed to all Counsel of Record T is 00 day ofa' 2 CASE No. 00 CV 45 y of April, 2002. -3- ORDER OF DISMISSAL May -29-02 09:12A Watki s'oKrealty 04/2412ii2 1b:et yrn2ts 970 415+6313 P.02 t11LLlt l7 ttLN«.ttr riil}C rJL EASEMENT AGREEMENT THIS AGREEMENT made and entered into as of the t/7day of ji 1 2002, by and between Mary Ann Basely, whose address is P. O_ Box 26, Woody Creek, Colorado 81656 (hereinafter referred to as "Bosely"); and, David Tonder and Mary Ann Tonder, whose address is 1104 County Road 308, Parachute, Colorado 81635 (hereinafter collectively referred to as "Tonder"). wiry v ssl> T WHEREAS, the parties have had the opportunity to be fully and separately apprised and advised of their respective legal rights, privileges and obligations arising out of the litigation in Case No. 00 CV 45, in the Garfield County District Court; and WHEREAS, the parties desire to fully settle, adjust, and compromise all matters, related to their claims as one against the other in Case No. 00 CV 45; and WHEREAS, Mary Ann Bosely is the owner in fee simple of the SW'/4SE'V4 of Section 9 and the NW'/NE% of Section 16, all in Township 7 South, Range 95 West of the 6* P.M. and in possession of the described real property situated in Garfield County, Colorado, by deed recorded in the Office of the Garfield County Clerk & Recorder in Book 1212 at Page 595 (hereinafter referred to as Bosely property/lands); and WHEREAS, Plaintiff Mary Ann Bosely has contracted to purchase the East 400 ft of the SEA SE'/ of Section 8, the West 10 acres of the SWV.SW'l4 in Section 9, the East 30 acres of the SW',/.SW'% in Section 9, and the SE'lSW'1., of Sec. 9. all in Township 7 South Range 95 West of the 6th P.M. (hereinafter referred to as the Pickier property) from Plaintiffs David and Marilyn Pickier who are the owners in fee simple and in possession of the described real property situated in Garfield County, Colorado, by deed from Herwick to Pickier, recorded m the Office of the Garfield County Clerk and Recorder in Book 307 at Page 372 (hereinafter referred to jointly with the above property as Bosely/Pickler properties/lands). WHEREAS, David and Mary Ann Tonder are the owners in fee simple of Lots 1, 3, and 4 of the Winter Subdivision Exemption Plat, located in the NEVINEV4 of Section 17, Township 7 South Range 95 West of the P.M. by deed recorded in the office of the Garfield County Clerk and Recorder as Reception No. 449564 (hereinafter referred to as Tonder property/lands). NOW THEREFORE, in consideration of this agreement and the granting of the easements hereinafter set forth, it is agreed as follows: 1. Tonder grants and conveys to Bosely a non-exclusive easement thirty-two feet in width, for utilities and access to and from the Bosely/Pickler lands described as follows: Commencing at the NW corner of the NE'4NE1/a of Section 17, Township `/ South Range 95 West of the 6th P.M., said point of beginning being situate at the May -29-02 09:12A Watki ra l ty Foo/'Z4/1,k7iL lb: t}1 7f17ii3 970+ 85+6313 DILL IC \3 DIA,A.rlr wt; intersection of Garfield County Road 308 and the Tonder property; and continuing easterly approximately 129$.04 feet along the northerly 32 feet of the NE'i.NE / of Section 17 and ending at the NE comer of the NE 'ANE '4 of Section t 7, as shown on the map attached hereto as Exhibit "A". 2. Any utilities installed shall be contained within the easement area as described and shall be installed underground at the sole. expense of the owners of the lands benefitted by the easement described above. Any improvements shall be contained within the easement area as described_ 3. The owners of the lands benefitted by this easement shall be solely responsible for all costs of construction, improvement and maintenance of any roadway, entryway or other improvements within the easement area. Tonders shall not be responsible for any of the cost of construction, maintenance or improvements contemplated herein. Tonders may use the roadway in the non-exclusive easement herein granted for their owrt ingress and egress purposes without contribution to the cost of its construction, maintenance or improvements. 4. Any roadway constructed in the easement area shall be constructed to the standard required by the County of Garfield for the residential density it is serving. Construction of the roadway will occur upon the completion of construction of four single family dwellings utilizing such roadway. S. Such easement will hereafter be for private use and not public use, and the landowners benefitted by this easement will maintain the road pursuant to a written road use agreement running with said lands. Such road use agreement will be prepared by the landowners at their expense and shall be binding upon any future owners of said lands. Basely will install cattieguards, utilize gates, or relocate the fence as may be necessary to secure livestock of Tonder or any future owner of the Tonder lands described above. 7_ Bosely is permitted to construct an arched entryway at the intersection of Garfield County Road 308 in the described easement area. 8. Bosely agrees not to develop more than rune agricultural/residential lots from the lands owned by Bosely/Pickler except as provided herein. At any time in the 15 year period following the execution of this easement agreement there are mote than nine tracts created from the BoselyJPickler properties described above, then beginning with the tenth tract, Tonder will be paid an additional road user fee of $2,500.00 per tract upon the initial sale of each additional tract created over and above the first nine tracts. Upon the expiration of 15 years this provision shall automatically terminate, 4 EASEMENT AGREEMENT BOSELY and TONDER, Page 2 P_ 03 CiJ May- 29-02 09 : 13A Watk i `arca l ty 04/ L4/ .'utii It:U1 / C Lb 970+5+6313 DILL1G 17 DUI'A57,- P. 04 1 I -OIL VY and the property shall no longer be subject to such restriction on development. 9. Bosely shall hold harmless and indemnify Toudcrs from any claims or liability arising out of or ,elated to the construction / maintenance of the improvements within the easement. 10. The easements granted and conveyed, and the agreements herein shall survive to the respective grantees, their assigns, heirs and successors, in accordance with the above provisions. 1 L Tonder and Bosely respectively, for themselves, their heirs, SuCCCssoTs and assigns represent and warrant at the time of the granting of the above easements and the entering of the above agreement they were the owners of the respective properties subject to said easements and each has the right to grant, bargain, sell and convey said casements, and enter into such agreements. 12. Both parties acknowledge and agree that they have incorporated into this Agreement their entire and full agreement and understanding. No statement, oral or written, not incorporated herein shall have any force or effect whatsoever_ Neither party is relying on any representations of the other party other than those set forth herein. 13. The parties agree that the within Agreement shall not be modifiable except by its own terms, or by operation of law, or by the written agreement of the parties. Subject to applicable law, the provisions of this Agreement shall not be modified except by the mutual consent and agreement of the parties expressed in writing and duly executed with the same formality as this Settlement Agreement_ 14. This Agreement shall be construed and governed in accordance with the laws of the State of Colorado. Should a dispute arise between the parties in regards to this Agreement, or should either party employ an attorney to enforce their rights, titles and interest under this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs incurred therein_ 1N WITNESS WHEREOF, the parties hereto have executed this Easement Agreement effective as of the date and year first above written. LO 4-11.10t/A-J David Tonder Mary A Tonder ROSE -Y and TONDEa, Page 3 May -29-02 09:1 3A Watk i s9erea 1 ty Cl4l 14/ _F7 CIL lb: t71 'it Ct; 4 144/04/2002 16:02 970285 9701 5+6313 WM. R b1LLit U ( BILLIE G ELMRGHF P.05 r -Alit bb PolGE 02 May -29-02 09:13A Watki ss"�realty 9705+6313 04 24t2 FJ2 ib;11 1iO4:e tilLLit u bbLR'U!t' ' STATE OF COLORADO as- COUNTY sCOUNTY OF GARFIELD § Subscribed and sworn to before me this TONDER. Witness my hand and official seal. My i P C ) MM.ly commission expires: r � ..TATF. Of col ,ORA o COUNTY OF GAr 11 3..J a § ss y day of P_06 rsaut n� 2002 by DAVID Subscribed and sworn to before me this 'day of , 2001 oy MAK Y ANN TONDER. -- Witness my hand and official seal. 1VLy cotninissi,li expires: 412„-.=.? ... - s✓ STATE OF COLORADO COUNTY OF GARFIELD § § ss . Notary Public Subscribed and sworn to before me this / --uay of BOSELY. Witness my hand and official seal. -.2jkinf EASEMENT AGREEMENT g0S,ELY and TONDER, Page 4 7- 20u02 by MAR?' ANN glary PI blirc Maw 29 02 04:24p ivlay 29, 2002 GVFPD • 285-9748 • GRAND VALLEY FIRE PROTECTION DISTRICT 1777 E. BATTLEMENT PARKWAY PO BOX 295 PARACHUTE, CO 81635 (970) 285-9119, TAX (970) 285-9748 Garfield County Building & Planning Dept. Staff Contact: Kim Schlagel 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Subject: Fire Protection Plan for Pickier Exemption Kim, I have reviewed the applicant's request and have verified that it lies within the Grand Valley Fire Protection District. The applicant will need to provide the following minimum fire protection practices as apart of their "Fire Protection Plan". The options available to you include either a local water supply for each residence or a central pressurized water supply for all residence as well as fire protection sprinklers. Because of the size of your project, it would appear that the localized water supply systems (NFPA 1231) and fire protection sprinkles might be better suited to provide such protection. The use of sprinklers in new constriction is always encouraged, and has proved to be both cost effective and to have made the critical difference in the "saving of a structure". The key element of a 13D system is to provide enough suppressant to get the occupants out of the residence. The system is designed to provide a 10 -minute water supply. In a normal urban setting, with prompt notification to the fire department, a response and extinguishment can be started during this 10 - minute time frame. However, with a small volunteer fire department, which does not staff fire station crews, response times can be much longer. Hence, it is hoped the sprinklers provided enough time for the occupants to leave, but the fire has most likely continued to burn, and after the 10 -minute period of water delivery, the fire may again start actively burning. Fire sprinklers are not required in structures less than 3500 square feet, however we encourage homeowners to consider their value and the benefits that they may provide in the event of an actual fire. The recommendations of NPA 1231 are to have a water supply located within 150 feet of a residence, a 4 '/2" hydrant connection capable of providing 500 gpm and a capacity to be determined by the square footage of the residence. After consulting other fire agencies within Garfield County, a minimum size of 2500 gallon tank per lot is a reasonable requirement for residence under 3500 square feet. Sprinkler systems would be optional for residence up to 3500 square feet. Residences over 3 500 square feet will need to have both the calculated size storage tank and a sprinkler system to provide initial knockdown capabilities. As far as access / egress May 29 02 04:24p GVFPD 285-9748 requirements & defensible space, the Colorado State Forest Service has recommended using the NFPA 299 standard, Protection of Life and Property from Wildfire. The Grand Valley Fire Protection District, as well as the other fire districts within Garfield County, have adopted these as the standard within their boundaries. Other issues to be included and noted in the proposal are as follows: The main road into the project (Old County Road 354) will need to be put in by the developer, prior to any construction activities on any of the individual lots. The road will need to be built as per NFPA 299, 5-2.2 to provide 2 -way traffic, either as 1 road — 2 lanes wide (not less than 24' wide on the traveled portion) or 2 roads — 1 lane wide (not less than 16' wide, each, on the traveled portion). The individual driveways off the main road will need to be constructed as per the NFPA 299 standard, but could be the responsibility of the individual lot purchaser, since it is unknown where the homes will be located on the lots. All roads must be constructed as per NFPA 299, 5-2.11, of a hard, all-weather surface adequately designed and constructed to support the fire apparatus likely to be operated on the roadway. Currently, our Battlement Mesa Fire Station Water Tender is the heaviest at 55,000 lbs. All other requirements of the NFPA 299 standard will also apply, even though not elaborated within this explanatory section. ➢ The Grand Valley Fire Protection District is very concerned about the addressing system to be used on this road. We do not want all the addresses to have an East Battlement Parkway Address. We would rather the main road be given it's own designated name, chosen by the Building and Planning Department and then the physical addresses started at the intersection with East Battlement Parkway and increase to the east, and radiating to the south around the cul-de-sac. ➢ If a sprinkler system is installed, the requirements for NFPA 13D will be adhered to. A minimum flow of 26 gpm with duration of ten minutes or 260 gallons (see Section 2-1) is required. The storage tank used for fire protection should be separate from that used for domestic use. If a homeowner wishes to combine the water supply for both the sprinkler system and domestic use, the specified requirements of the code shall be met. Annual inspection / maintenance and reporting requirements of a sprinkler system are the responsibility of the homeowner. For structures over 3500 square feet, an approved fire protection sprinkler system will be required. The sprinkler system is to be supplied from the firewater cistern (for those structures 3500 square feet or greater). ➢ An agreement to use the water stored in a fire water cistern, in the event of an emergency, is not limited to the specific residence where it is located and that its use/need is at the discretion of the fire department. ➢ The water supply (fire water cistern) is for fire protection only, not to be used for domestic use. If the homeowner wishes to combine the firewater cistern with domestic use water, an additional amount of storage will be required, as per the code, to maintain the minimum required firewater protection capacities. If the above conditions are met and/or made apart of a plat note to be a requirement of the new owner prior to the issuance of a building application, the Grand Valley Fire Protection District has no further concerns regarding this project. If 1 can be of any assistance, I can be reached at (970) 285-9119. P. 3 Maj 29 02 04:24p GVFPD 285-9748 • David A. Blair District Fire Chief, GVFPD Xe: David and Marylyn Pickier File p. 4 ID • GRAND VALLEY FIRE PROTECTION DISTRICT 1777 E. BATTLEMENT PARKWAY PO BOX 295 PARACHUTE, CO 81635 (970) 285-9119, FAX (970) 285-9748 May 29, 2002 Garfield County Building & Planning Dept. Staff Contact: Kim Schlagel 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Subject: Fire Protection Plan for Pickier Exemption Kim, I have reviewed the applicant's request and have verified that it lies within the Grand Valley Fire Protection District. The applicant will need to provide the following minimum fire protection practices as apart of their "Fire Protection Plan". The options available to you include either a local water supply for each residence or a central pressurized water supply for all residence as well as fire protection sprinklers. Because of the size of your project, it would appear that the localized water supply systems (NFPA 1231) and fire protection sprinkles might be better suited to provide such protection. The use of sprinklers in new construction is always encouraged, and has proved to be both cost effective and to have made the critical difference in the "saving of a structure". The key element of a 13D system is to provide enough suppressant to get the occupants out of the residence. The system is designed to provide a 10 -minute water supply. In a normal urban setting, with prompt notification to the fire department, a response and extinguishment can be started during this 10 - minute time frame. However, with a small volunteer fire department, which does not staff fire station crews, response times can be much longer. Hence, it is hoped the sprinklers provided enough time for the occupants to leave, but the fire has most likely continued to burn, and after the 10 -minute period of water delivery, the fire may again start actively burning. Fire sprinklers are not required in structures less than 3500 square feet, however we encourage homeowners to consider their value and the benefits that they may provide in the event of an actual fire. The recommendations of NFPA 1231 are to have a water supply located within 150 feet of a residence, a 4 1/2" hydrant connection capable of providing 500 gpm and a capacity to be determined by the square footage of the residence. After consulting other fire agencies within Garfield County, a minimum size of 2500 gallon tank per lot is a reasonable requirement for residence under 3500 square feet. Sprinkler systems would be optional for residence up to 3500 square feet. Residences over 3500 square feet will need to have both the calculated size storage tank and a sprinkler system to provide initial knockdown capabilities. As far as access / egress • Forest Service has recommended using • & defensible space, the Colorado State the NFPA 299 standard, Protection of Life and Property from Wildfire. The Grand Valley Fire Protection District, as well as the other fire districts within Garfield County, have adopted these as the standard within their boundaries. Other issues to be included and noted in the proposal are as follows: ➢ The main road into the project (Old County Road 354) will need to be put in by the developer, prior to any construction activities on any of the individual lots. The road will need to be built as per NFPA 299, 5-2.2 to provide 2 -way traffic, either as 1 road — 2 lanes wide (not less than 24' wide on the traveled portion) or 2 roads — 1 lane wide (not less than 16' wide, each, on the traveled portion). The individual driveways off the main road will need to be constructed as per the NFPA 299 standard, but could be the responsibility of the individual lot purchaser, since it is unknown where the homes will be located on the lots. All roads must be constructed as per NFPA 299, 5-2.11, of a hard, all-weather surface adequately designed and constructed to support the fire apparatus likely to be operated on the roadway. Currently, our Battlement Mesa Fire Station Water Tender is the heaviest at 55,000 lbs. All other requirements of the NFPA 299 standard will also apply, even though not elaborated within this explanatory section. ➢ The Grand Valley Fire Protection District is very concerned about the addressing system to be used on this road. We do not want all the addresses to have an East Battlement Parkway Address. We would rather the main road be given it's own designated name, chosen by the Building and Planning Department and then the physical addresses started at the intersection with East Battlement Parkway and increase to the east, and radiating to the south around the cul-de-sac. ➢ If a sprinkler system is installed, the requirements for NFPA 13D will be adhered to. A minimum flow of 26 gpm with duration of ten minutes or 260 gallons (see Section 2-1) is required. The storage tank used for fire protection should be separate from that used for domestic use. If a homeowner wishes to combine the water supply for both the sprinkler system and domestic use, the specified requirements of the code shall be met. Annual inspection / maintenance and reporting requirements of a sprinkler system are the responsibility of the homeowner. For structures over 3500 square feet, an approved fire protection sprinkler system will be required. The sprinkler system is to be supplied from the firewater cistern (for those structures 3500 square feet or greater). ➢ An agreement to use the water stored in a fire water cistern, in the event of an emergency, is not limited to the specific residence where it is located and that its use/need is at the discretion of the fire department. ➢ The water supply (fire water cistern) is for fire protection only, not to be used for domestic use. If the homeowner wishes to combine the firewater cistern with domestic use water, an additional amount of storage will be required, as per the code, to maintain the minimum required firewater protection capacities. If the above conditions are met and/or made apart of a plat note to be a requirement of the new owner prior to the issuance of a building application, the Grand Valley Fire Protection District has no further concerns regarding this project. If I can be of any assistance, I can be reached at (970) 285-9119. • • David A. Blair District Fire Chief, GVFPD Xc: David and Marylyn Pickier File • RECEIVED JUN 1 3 2002 The Battlement Mesa Company June 11, 2002 Garfield County Planning Dept. 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Bosely and Pickler, Subdivision Exemption Applications Dear Planning Dept., As the adjoining property owner to the north of these two parcels being considered under the County's Subdivision Exemption procedure, we wish it to be known that we do not oppose the exemption applications of Mary Anne Bosely and David & Marylyn Pickler. However we would raise the following review comments relative to these applications for due consideration by the Planning Dept. staff and Board of County Commissioners: Bosely Parcel : • Until we reviewed the public notice and exemption application, we were unaware the single-track dirt lane accessing this parcel was designated as County Road 354. • To what standards would this dirt lane be upgraded to? Sufficient for public ingress/egress, emergency•vehicles and school buses? The application includes attachment of two well permits for the Bosely Parcel; we presume they intend to have shared well arrangements with multiple dwellings on each of the two permitted wells. Are there requirements to drill both of the wells and provide independent 4 -hour pump tests and bacteriological testing results to confirm the adequacy of potable water supply prior to an exemption approval? Are there requirements for on-site storage facilities (either- one common water storage tank or individual storage at each dwelling) if these are in fact shared wells? P.O. Box 6000 • Battlement Mesa, Colorado 81636 • 970-285-9740 • Fax 970-285-9721 • • Pickler Parcel : • Same two concerns relative to access road and water supply as noted above. • The application appears to be seeking subdivision exemption of an 80 acre portion of the 92 +/- acre Pickler Parcel to become 4 each 20 acre parcels. Does the remaining 12 acres of the original Pickler parcel (not specifically included in this application) become a fifth parcel created by default? We appreciate your consideration of these topics at the June 17, 2002 scheduled Public Meeting for these subdivision exemption applications. Sincerely, William Wilde, Vice President c: \bmp-develcorr-'02.wpd 2"`"---7336 1. 1 G .- 7_ L .- Broderick U! UG U1 LOT.+ JU11fi Df'IJUCf'1l:tK i STATE OF COLORADO Bill Owens, Govemor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Russell George, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 Garfield County Building & Planning Department ATTN: Kim Schlagel 109 8th Street, Suite 301 Glenwood Springs, CO 81601 June n', 2002 Dear Kim, S70-285-3036 • P For Wildlife - For People The Colorado Division of Wildlife has reviewed the petitions for exemption by Mary Anne Bosely and David and Marylyn Pickier. The two requests for exemption are adjacent to each other and have sirnilar wildlife values. Please consider our comments applicable to both requests. The juniper forest and mountain shrub communities of the area proposed for exemption are excellent wildlife habitat, especially for big game animals. The area is some of the only remaining big game habitat on Battlement Mesa. The ability to mitigate impacts to wildlife caused by developing the area for single family homes would be better served by not exempting the division of this land from the Subdivision Regulations. The CDOW's Wildlife Resource Information System (WRIS) data classifies the primary wildlife value of the application area as mule deer winter range. The area is a mule deer winter concentration arca and also serves as mule deer severe winter range. In addition, WRIS data classifies the area as elk winter range, an elk winter concentration area, and elk severe winter range. Together, the lands described in the two exemption petitions encompass 160 acres of a valuable patch of remnant habitat roughly 600 acres in size. Winter concentrations of elk on this block of land can approach 500 animals. At least 100 deer use the area annually. A poorly planned division of the land would force wintering animals onto less productive habitat and decrease their chance for survival. Another inevitable consequence is that animals will move onto the remaining agricultural lands, causing damage to private landowners' crops and fences. The Subdivision Regulations foster planned division of the land, which helps avoid impacts to wildlife. Those impacts that cannot be avoided can, at least, be minimized. Planning can incorporate mitigation that is beneficial to wildlife. A division of this land that is guided by Garfield County's Subdivision Regulations would be less detrimental to the deer, elk and other wildlife that utilize the area. DEPARTMENT OF NATURAL RESOURCES, Greg E. Walcher, Executive Director WILDLIFE COMMISSION, Rick Enstrom, Chair • Robert Shoemaker, Vice -Chair • Marianna Raftopouk s, Secretary Members. Bemard Black • Tom Burke • Phiio James • Jeffrey Crawford • Olive Valdez Jun 07 02 01:15p John Broderick 110 970-285-9036 P - 1 Thank you for considering these comments. If I can be of any further assistance to you or the applicant please let me know. Sincere ohn Broderick District Wildlife Manager, Parachute cc: Will Yamashita Toolen