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HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARF I ELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101(10)(a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned, GIL BATY AND CYNTHIA BATY AND JOHN POWERS, respectfully petition the Board of County Commissioners of Garfield County, Colorado to exempt by Resolution the division of a 22.63 acre tract of land into two tracts of approximately 12.90 acres and of approximately 9.73 acres, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101(10)(a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: 1. The subject parcel of approximately 18 acres is cut off from the balance of the larger ranch parcel by the county road. It has no useful function as part of the larger ranch and is suitable for residential construction. Other similar parcels along this south side of the county road have recently been developed successfully. The proposed use of this property is compatible with this emerging residential use. 2. The subdivision laws would allow one parcel to be created from this subject property because of the separation by the county road. The applicant is requesting that the subject parcel be divided into two parcels as a more optimum use of the total parcel based upon its size and the terrain. It is understood that the remaining larger ranch parcel will be providing the additional parcel as one of the four parcels to which it is entitled to under the subdivision exemption rules. There have been no divisions of this ranch parcel since prior to 1972. 3. The intended use of these two parcels is to build and occupy two detached single family residences served by individual septic tank/leach systems with infiltrators and domestic water from the City of rifle system which is available in a line adjoining this property. Electric service is available in lines adjoining this property. 4. Petitioner has contacted the City of Rifle to apply for two residential water taps, and is meeting with the City of Rifle engineer to process said water application. 5 A letter for review and approval has been submitted to the Rifle Fire Protection District (copy submitted herewith). submitted: 6 In support of this Petition, the following are A. Sketch Map. B. Vicinity Map (proposed tracts designated with yellow highlighting). C. Copy of deeds to J. P. Powers & Co. from Urban Holdings, Inc. D. Copy of deed to J. P. Powers & Co. from West Slop Joint Venture. E. Copy of deed to J. P. Power & Co. from Powers/Urban Venture. F. Schedule of names and addresses of owners of record of lands within 200 feet of the proposed exemption and mineral owners of record of the property. G. Soil Type obtained from U.S.D.A., Soil Conservation Service. District. H. Copy of letter to Rifle Fire Protection I. Petitioner's check for $300.00 application fee. 7. The following recorded documents concerning the subject parcel are also submitted for consideration: A. Right-of-way for Pipeline granted to the Town of Rifle. B. Easement Agreement by and between Donald and Jean Baxter and Colorado -Ute Electric Association, Inc. C. Easement Contract by and between J.P. Powers & Co., and Rocky Mountain Natural Gas Company. D. Oil and Gas Lease by and between J. P. Powers & Co., a Partnership, as Lessors and Snyder Oil Corporation, as Lessee. Respectfully submitted this I`Jl d of August, 1996. STUVER & GEORGE, P.C. By Ru s.1 George - #6096 Melody D. Massih - #24683 Attorneys for Petitioners 120 West Third Street P. O. Box 907 Rifle, CO 81650 Telephone: (303) 625-1887 GIL BATY NTHIA BATY ()I JOHN POWERS 2 t i k� t,.' August 19, 1996 T c To Whom It May Concern: I, John Powers, am the current owner of the property described in the Land Use Application form. I consent to the application being submitted by Gil Baty and Cynthia Baty. Very truly yours, John Powers MDM/cpr BATY SUBDIVISION EXEMPTION LEGAL DESCRIPTIONS LOT 1 A tract of land being that portion of the N1/2NW1/4 of Section 21, s Township 6 South, Range 93 West of the 6th P.M. lying Y of County Road. No. 320 being more particularly described as followp' Beginning at a point on the southerly right-of-way of said County Roam No. 320 whence the N1/4 Corner of ;maid Section 21 bars N 32 58' 46" E 923.73 feet; thence S 0° 12' 30" W 552.28 feet to the south line of said N1/ZNW1/4; thence along said south line N 89°t 49'02"hence Wn1147g.65 feet to a point on said County load right-of-way; right-of-way 63.88 feet along a curve to the to the left, having a radius of 1250.00 feet, a central angle of 2° 55' 40"; the 7chord 'of 10.00 which bears N 65° 52' 48" E 63.87 feet; thence N 64' feet, to the POINT OF BEGINNING, said described tract containing 7.252 acres, more or less. LOT 2 A tract of land being that portion of the N1/2NW1/4 of Section 21, ContiRoadSouth, 320angbeing3moretof the par.ticularllyp.M. lying described asutherly of f011ows CouuntyyR Beginning at a point on the southerly right-of-way of said County Road No. 320 whence the N1/4 Corner of said section 21 bears 0'0 '1 30301 401.51 feet; thence along the east line of said N1/. /4 S w 927.26 feet to the Southeast Corner of said N1/2NW1/4; thence along the south line of said N1/2NW1/4 N 89° 49' 02" W 500.00 feet; thence N 0° 12" 30" E 552.28 foot to a point on the southerly right-of-way of said County Road; thence along said right-of-way N 64° 24' 57" E 59.55 feet; thence 316.81 feet along the arc of a curve to the left having a central angle of 16° 57' 44" and a radius of 1070.14 'foot, the chord of which bears N 55' 56' 06" E 315.65 feet; thence N 476 27' 14" E 252.68 feet, to the POINT OF BEGINNING, said described tract containing 8.218 acres, more or less. Post -it'} Fax Not Go /Dept. Phono # Fax; 7671�{y Frnm Date p 4e: 2 J ',Cf:/WY %' % . 1 _ d �/I� PhnnF# g7'- '917 Fax a RAC FLKMQ , R,li SET .LS r.354.11 SEP -10-1996 14:4T3 FROM STWER a GEORGE P.C. Ti4C)MAS W. Zeri..NER Aqic-GELL C.E0RCta MCLODY DATE: September 10, 1:06 TO 9457785 P.01 TRANSitiitSsKIN °YAWLiiTED ON THIS DA:17, AT STUVER. GEORCiE, ATTORNEYS AT LAW V•iEST Tt-NRY:. S -r FT FLE, FAX COVER SHUTE' T1,•' 7(- FAX 5J70 e,R,5,44,4•3 NUMBER OF FACES udhgcover sheet): 3 pge,:i TO: Eric WicCafierty CA, NUMBER,: S145.7785 FROM; ityleiutkyMasih Baty sd exemption application DOCUMENTS SUBMIT -FEU; Legal dem:Ili-Akin and droAng tiiai kits to ue silnwing boundaries IV YOU DO NOT RECEIVE „ALL OF l'HE PALES, PLE.A.SE CALL (.170) 625-1887. Transmitted: Please; For apprnvai Sign and zrri For signature x Cali upon r.i,:c4.7..iptireview For reviciv and continent Cali if ani - As requested Per yoururrtkm OTHER NIESSA,CE: 1 have COiritIaCiCA the survoyur and 1.4f.d ilta.t livt you tile same dattenent5, as he: ha the miginais which may 1)e .ciearer. Picasz g,;thatact me to let inu know if these.' are satiAl-laovy ur if mi id te haro-tictivcr th copk..,&„ CCINAEQ.17...NTIALITY NOlit The la-&srmaiiim etanimineil this facsimile rites teg ybe privileged dud contidenitat inierhantititi intended arily car. thit Ar ;teli;vithiai ftr q.ritity ixdaboNe. b;ile, qvadcrtial h 6agper Ho, ghil. Egtueuivei 1142ffirjirit, YG11 ZIPC henialy Claticieci Zing any diriseiniziatitnt, ilislrihuttest Or copy s..1.0 this itAecopy is strictly if yEiEZ have ivecivell this, teieeopy erriq-N itieast aetify itwinediatay telephebe arid return nriginai tu at the adcireic.: gzinv,e, via Zh.a Unitcd StsaitsPt Thank yczn, .! THOMAS W. STUVER RUSSELL GEORGE MELODY D. MASSIH STUVER & GEORGE, P.C. ATTORNEYS AT LAW 120 WEST THIRD STREET P. O. BOX 907 RIFLE, COLORADO 81650 August 22, 1996 Eric D. McCafferty GARFIELD COUNTY BUILDING AND PLANNING 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: BATY/POWERS SUBDIVISION EXEMPTION APPLICATION Dear Eric: f' AUG 2 3 1996 TELEPHONE 970 - 625-1887 FAX 970 - 625-4448 I am in receipt of your August 13, 1996 letter. Enclosed for your review are the following: 1. Deeds on the subject parcel dating back to 1972. 2. A letter from Mike Morgan, the Fire Marshall of the Rifle Fire Protection District re: fire protection for the subject parcel. The Batys will follow the recommendations set forth in this letter. 3. A copy of the application for water taps submitted to City of Rifle. This application will come before the City of Rifle on August 27, 1996 and September 4, 1996. In view of the above information, we would request that the Building and Planning Commission set the Powers/Baty petition for review as early as the September 9, 1996 meeting, if possible. If you have any questions on the above matters, please do not hesitate to contact me. Very truly yours, STUVER GEORGE .C. Me o• D. Massih MDM Enclosures cc: Gil Baty (w/out enclosures CITY OF RIFLE P.O. Box 1908 Rifle, CO 81650 LAND USE APPLICATION FORM Name of Applicant: GIL BATY and CYNTHIA BATY Project Name: All that part of the N- N of Section 21, TES, Project Location. (attach legal description): R93W of the 6th P.M., lying Southerly of Co. Rd. 320 Existing Zoning: A/R/RD Proposed Zoning: Type of Application (check all that apply) and Base Application Fee: [ ] Annexation $250 [ ] Major Subdivision Final Plan $350 [ ] Amended Plats [ ] Minor Subdivision $ 75 Single lot line adjustment between two lots $ 75 [ ] Mobile Horne Parks $500 All other amended plat actions $150 [ ] P.U.D. Same as Subdivisions [ ] Campgrounds $500 [ ] Resubdivisions Same as Subdivisions [ ] Conditional Use Permit $ 50 [ ] Rezoning $250 [ ] Flood Hazard Permit $100 [ ] Text Amendments to Title 17 $250 [ ] Major Subdivision Sketch Plan $150 [ ] Zoning Variance $ 25 [ ] Major Subdivision Preliminary $350 >4 Other Petitions or Applications $ 75 To the extent these fees do not provide sufficient funds to pay for outside professional services for the review of the application, the applicant will be charged the actual review costs up to an amount not to exceed ten (10) times the amount set forth above. Recording and filing fees imposed by the Garfield County Clerk & Recorder, and others, as a result of this application, shall be advanced by the applicant prior to the documents being tendered for recording. Name, Address & Telephone # of Applicant: Gil Baty and Cynthia Baty, 11773 County Road 320, Rifle, CO 81650; (970) 625-2701 Name, Address & Telephone # of Property owner: John Powers, P. 0. Box 726, Rifle, CO 81650 Name, Address & Telephone # of all Lienholders: Name, Address & Telephone » of Project engineer/surveyor (must be registered in the State of Colorado) or other technical consultants (subdivisions and PUDs only): N/A Name and Addresses of property owners within 200 feet: (attach list) %Z,/a Name, Address & Telephone # of owners and lessees of mineral rights: z/q. Description of the proposal: Applicants, who are planning to purchase the property frrxn the current owner, wish to obtain two residential water taps from the City of Rifle to be used for domestic purposes only. No sewer taps are necessary. Description of how the proposed land use complies with the laws of the City of Rifle and the Rifle Comprehensive plan: Applicant is willing to enter into a pre -annexation agreement as contiguity suitable for annexation does not presently exist. I certify that the above information and exhibits submitted herewith are true and correct to the best of my knowledge, and that the in filing this application, I am acting with knowledge and consent of those persons listed above without whose consent the requested action cannot lawfully be accomplished. Name (print): Gil Baty and Cynthia Baty Signed: Address: 11773 Co. Rd. 320, Rifle, CO 81650Date: August , 1996 INSTRUCTIONS 1. Read both sides of the application carefully. 2. Describe, in general terms, the location of the property that is the subject of the requested land use action. • 3. Check each action that you are applying for. 4. Complete the name, address, and telephone number sections where indicated. 5. Briefly describe the requested action(s). 6. Explain how the requested action(s) complies with the laws of the City of Rifle and the Rifle Comprehensive Plan. 7. The application must be signed. 8. Attach evidence of ownership (deed, current Title Insurance Policy or attorney's opinion indicating ownership). Attach a letter of consent to the application signed by the property owner if the property owner is not the applicant. ATTACH ADDITIONAL PAGES IF NECESSARY Application Page 2 of 2 03/03/93 1' .I r __ tom.-••. \l If Reaervnr iy /1 �_8� •5521 IL • 10 PIP ntaine Mes 545/ i� 5445 —5a)` 18 AND vel P 15 OL 0R 4 I 5309 3/5I 5320''• t -- CHANCE• � 11 54, I Water Filter'/(/ r71 tandpipe• • O HE AVE. Fe f.l LP, U'4MI'C.K( LiNU 7 4 MI (NORTH MAMM PEAK) 4462 IV NE SCALE 1:24000 0 VABMORitle ✓ 618 J 6200 GRASS � 00 11259 1 MILE 2000 3000 4000 5000 7000 FEET 5 1 KILOMETER CONTOUR INTERVAL 40 FEET DATUM IS MEAN SEA LEVEL 1PLIES WITH NATIONAL MAP ACCURACY STANDARDS • INTERIOR—GEOLOGICAL SURVE COLORADO QUADRANGLE LOCATION D C —1912 262 Medium -duty 27 ROAD CLASSIi 1964 - L Unimproved dirt 0 U. S. Route ""1 o n -4 1 1 i (\cpc 1? .SJ$ 1 t. 11.1:Uall1UNWEI:LIH lilLE U.1 R.reff,lia p. :JUN 211982 Z"- F67,1E72/trialiilif vRE """ddrv" is 730 Seventeenth Street City and Cblorado Ci.uillY'4 Denver . and Slate .1( .ri.r1/Inv.e'llqerlItim!"Ten 011ars and ,atbr Good and Valuable Considerntical 1,errhy and quit t,. J P. PCWERS CO., a nartnnernhip trive.e mild rem). 7. 0. Dpx prop,rty. iii t h11 FAP. I: 516: Lct 5 517: Lct 9 520: N 1/2 N2 1/4 21: N 1/2 1/4 containing 185 acrea, more or less 5Mef PAR. //: • 521: Lot 2, Year', Subdivision, a part containing 1.223 acren, acne er less 726, Rifle, Garfield 601, R.penrder. °Arm) JUN z 1 11)K utab. Doc. to.. •24.4-1 S1 t Colorado (."""1"( Garfield . the callre.ring real . and State ef r,,1,,rado. ',a Wit: of NM 1/4 NE 1/4 in ship 6 South, Range 93 west of the 6th P.H. Areartrammocorcoomoomtueromec IvithnaitAappurtensnrrr. including, but not Limited to, any and an appuntcrznt shams of the It:orch Crain hitd1 Ccrprty Sirneti t hi, • .. d ny of .1? 82 .. ' •,.. .; 7' . .',.. 7 h.., .. STATF: OF COLORA DO. ...)----- 3Y • .}as. ' ' County of qvrfreiat ) va L John P. Powers, a Joint Venturer as 4;se_8;:- a Joint Vmturer 1.1111 Gegn i nit instrument was acknowledged before rae t his wers/Ltd= Venture Agreement, dated as of January 1 1981., oisy14undr thPo )-(2/11-. ,1982 • by JOHN P. PCKERS, known to ire to be a Joist 1 . , :11\***14.;11iiican-i•iininnarn expire161i-(4e . , 1:47. : itat mess my hand and official senl • .*.tri.' t 1..\'‘' .: "- :,.4&71k7, .., dcr erCXXVI1 cr L,47,,,,,,) es. faregoing instrunent wes adatradedged before me this //'day 432. bY, -,A.A...1./.1....- and by',...4.4y1 3,r.,„,,,, , known tore bo'Bra the Vice Xrt4 tand Se=stAry, respectively, of URBAN 10.13INSE, INC., a c.Jrpors- i'Vh.i.ch individually and as nominee bar others is )aroen to re to be a Joint - 'pr ak Lader the Pollemeth.1"-tr Venture Agrentdated as of 1, 1981. , a ',...,. )ty ocrnesicxx expiresi •i' /5-N c `Siltneas my hand and off if -in 1 eeea„ L.A, - ' t 1 • - r . . Notary renLi.o Row / y7 ZI-Lie 0 So '1..0.,„;•awoaa; yeraci1m./ir=1,-41.1.11 F1111•11 .e 111.1,1011,11 Praboba... 4111Wle& 4...• .71,•111/....1. [Dade,' .. (NM 313-.0...1.4 '7f: EXHIEVTLE„ 08/01 ` .08:58 I D : 03110NWEi LTH TITLE GO A-V : 970-625-3305 Rehvti•a 1... , MAK , 11c., V fIA LY AS Tau= 1 11311 a idare" i" 734 Sevrnbee 4th 9 reset. City and County n( !Denver , and Stat. of Colorado . for t he cott"ider"tion of 'Itvt C'tllatra and Jj( other good cid Valuable cxrrsid:!rat.iAtM In an paid. hrrchy self(isIand quit clnimin) to J. P. PcWERS I. CO. , n Shlpm n1.o addrr"s I, I! I I property, in :he r% O. avt 726, Rifle ('nnnt}•art C.arfield Cnor.i r,f PAP= I: 53.6_ Lot 5 517: Lot; 9 520: :i 1/2 VE Ua 521: N 2/2 At 1/4 cxuttiirthg 185 acres, m tr cx- ;ens PAIN.. II: , and St Alt, of Garfield G�tJ� � tD JUN Z.. ivRi sem. Dor. I. e6 G� Colorado , the• foil.•wing -rai , rn.i St,rt•. 4.f <'.ilnrti,do. t•, wit; cel: L t 2, Mead Subdivielcr, a part of VW 1/4 PIF 1/4 containing 1.223 :.creK, more or loss :III is Itswnship 6 South, Rang93 west of the Gth P.M. • with all its appurtenance.' including, bat not ,11 .. -aid t 2. any and z-11 abar s of tI a Tomei (Fenn Ditth CceTarty I Signed thin t • t1 day of -t ,_ .79 82 N17'FST: • V t974,• ,. `krAT]M`di'COLORAAO. i 6unt' of , r >. j Its • il+a^fd*pr+ing inatroment wits acknowledged before me thin / day of i.,... . IP 62 . by rn r+ i r.. and by Lrx.4.. -r i /- 6 (A , latv+n to me re be the .err, •_, !Pzc-A t and Secretary, re- ..spcttvy. of Urban Holdings, Inc., a copocnti,n. My<•mmisaitm p1x r l< Wltneia my franc/ and official ,.Ri appurtenant. OMAN • �!crv, L/iLlunii [D 2 c'Z. I+w tf1. 111, MUM - ....,wn�. .,a.aer 1.1. A..., t.+.�....e 14.- 0•1, imams.. ..ri 1409) )rtlw EXHIBrT { Ob/01 ..16 1ii:GWIMUM461-111 E1LE FRX:70-tja-Gb =94;40 • i .......ro-6.,:-• - . . - , 4-,.., ,?.?".J44 -4441i.- . IMEZSTIZii Xxiiiiaiii.7i7Caorado ,oneiiii -5iitneWhl.p, whogo Addrego 1! 730 Seventeenth Strnet C.ou nty 44 renver .Areixth of . ri.r I )14,-..nuifferation t.''ti Dal Iran and CIty and Colorado ccod and valuable Ccesidcraticn gl,4. h4,-,•hy ?,,-1111and quit clitinv.1 to P11 03., pertrri•nhip m1411.1..4 In P. O. Ha< 726, Ri !l(' "r$4 tit !L• Garfield(..rfie1d and SIAt- arlorado , the folitwinz rt.al Couniy Cart- ield xna o 4C,,1orado, Prgwrtyjn th. 94PCNL Lt 3 517: Lot 7 520: N V2 NE 1/4 521: N 1/2 M 3/4 contzinirp 185 acrl.,s, slcre cr 77: 521: LOt 2, Ai albdIvisimi, a port of NW 1/4 NE 3/4 erritaining 11223 ncrns, MOTC or 2(..s all in Tounnhip South, Range 93 W6nt o1 the 6th P.M. attsodoe=troosomacessenrooesaut h sit its sprtirtimuncrs including, bet not lirdind to, any and all appurtrstant Rharr Of the Lcaanh Cram Ditch Crary • Siltngsd this itirL ciax •:\Ad.^.--,- .11 82 0 NEST SILPE 3033rf VIM= a asrpra1 vAlt. ,410 RTAIT nr op.t. County of :4-0-iv-Peovr: - nt. Tlir foreg.ing its^trirme.nt was seknowl.odreti before ifte this day of" -?..4----7,--,-- . 119 S2 ,by (:\t,n,s . C 4.(.....t.D., .,,,• Lasto ^r (T.. ,..,, i XiOwn to me to he the Presi4entAlielt-kresident .nd sec:me:my, x.c.,,trvey, be WWI HOLDINSS„ nr., which is known to me bo be a Genera.1 Partner in WFST ,7 -OPE My romnnasion *spin." 1. - r-{ s XINT VEN17.72., Wit MR JUL my henfl and affeial hoal (T::) 73(. • 7.2L. Li (IV ,i1.1-4%.. . • . — X.. AIL itiatrL.4,1bitrt...164.1...• 1110.01.41 JiIrTI 40/. 4 • , Emir' ITRACT NO. 2 i o N 1 The SEI NW, the SW NE*, the NW, SE*, the NE* SW.'; in Section 28, Township 6 South, Range 93 3a West of the 6th P.M. consisting of approximately 8 160 acres. TRACT NO. 3 Recorded Aug 9,1962 at 3:15 P.M. Reception No. 218434 Chas.S. Keegan, Recorder WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: //T' S 7 / 5, Book 343 Page 385 That we, Joe E. Johnson and Blanche M. Johnson of Garfield County, Colorado, hereinafter referred to as Grantors, for the con- sideration of Ten Dollars and other valuable considerations in hand paid hereby sell and convey to Donald Kenneth Baxter and Jean Baxter as joint tenants and not as tenants in common, of Garfield County, Colorado, hereinafter referred to as Grantees, the following described real estate situate in Garfield County, Colorado, to -wit: TRACT NO. 1 The SW, the S' NW in Section 16; the E's The SE.' N1:,' in Section 17; all in Township 7 South, Range 94 West of the 6th P.M. consisting of approximately 360 acres, subject to a reserva- tion In favor of the United States of America of all coal and other minerals together with the right to prospect for, mine and remove the same. The N': NE'; of Section 20; the N'_ NW1 of Section 21; Lot 5 in Section 16; Lot 9 of Section 17; all in Township 6 South, Range 93 West of the 6th P.M. consisting of approximately 194.8 acres. Together with all water, water rights, ditches and ditch rights, used upon or in connection with the foregoing described real estate and including, but not :limited to, 320 shares of the Loesch & Crann Ditch Company; and the water represented by domestic decree to W. A. Jones concerned in cause No. 1205 in the District Court of Garfield County, Colorado, with reference to priority No. 13 in Water District No. 45; and together with all improvements and appurtenances situate thereon and together with all grazing rights and privileges, if any, RESERVING HOWEVER, to the Grantors herein as joint tenants and not as tenants in common, their heirs and assigns, an undivided three-fourths interest in and to all oil, gas, and other minerals lying in and under said real estate, not heretofore reserved, together with the right of ingress and egress for the purpose of exploring for and producing said oil, gas and other minerals, subject to the payment of reasonable compensation 08/01 '96 09:04 ID: CUMMONWEA...TH T I TLE GO FAX :9 i 0-625-331?5 / JUN 81 t982 k....,,K,..,,..,. l 2.LeE44.4e.�� --: 1R,rard. r FONEWURBANIPNILIRE whrae trddrrr. ix 730 Seventeenth Strnnt City and Colorado Good and Valuable Consideration bMVer nor 1)11. lrretti„ r. rdTen . and slate of Dollars and O PGE r UN 1 a Doc. toe i :._.�� "map,. in hand twirl, 1re•rr•hv Peili +, awl quit clt.irm,1 t.. J P rownts t a)., a 1. tv/iTtf"'N'`'.?. O. Fox 726, Rifle, t'uuntg.+f Garfield •r"d Slat' Colorado •tln.following real C+.vnt c r.f Garfield . and State of Colorado, to wit: ptopeI 1 . in t h+• I MOM, 1: 516: Lot 5 517: Lot 9 520: N 1/2 NE 1/4 521: N 1/2 Nw 1/4 cotttaininq 185 acres, nnne or less PAACEL 1I: 521: Lot 2, Meed Subdivision, a part of NW 1/4 NE 1/4 containing 1.223 acres, mote or less A.1 in 7.bwnship 6 South, Range 93 west of the 6th P.M. with rill its appurtenanon including, but not limited to, any and all appurtenant Shares of the Watch Ctann ditch Carly Signed this ATTEST: Secretary day of .1J 82 L John P. Powers, a joint Venturer _ 41+1_IiiID ..IM.._IndiVillua7.lst_and as O' •.: a Joint Venturer ti._ -. ST,.Tf:OFCOLORADO. f - County of 6TLY /d The foregoing instrument was acknoa I edged before me this y/ dwy�f, bvit.f-. .1982 shy JOHN P. PONIEPS, ima rn to me to be a Joint Aero `ritzier the Pa ers/Urban Venture Agrearent, dated as of January 1, 1981. .. ritzier ;�t•: fcorninienion expirca l6/L(./1"3 - "••Rat nda, ntr hand and official seal rtd7171117f O!' v ata. `r foregoing y rr.rre,t was acknowledged before me this 15,82, by �t,,..•.. R . Ll�+L* . and by /!<•4e �( t�..`iut .a r known tore VVes Pre. l4Ettt and Secretary, respectively, of URBAN HOLDINGS, -r• i'i@hitstt individually an! as nominee for others is known to 174;tp$' t.ttder the Powera/[kiar Venture Agzeen ent dated as of - ti ocriaaian e�icest 5 tip ` `fit'ibises n hand and official seal. cr .vas _ Ate. Rea / 9'9 Notary public m be the Pz /NC., a corpora - the bo be a Joint 1, 1981. i' yl'rt IPIItte-w. I i . - +• .eT,wrti. 101 r 1111, a,. • I.! ..r. roams _ tx:.m+atr.crr ENBIT.friE, 08/01 '96 08:58 ID:COMMONWEALTH TITLE CO FAX:970-625-835 • • , avirptiod N. MAN =VACS,IIVIVIWAILY AIM AS MR= ITUlla"i" 730 Seventeenth Street, Iv AO ft • Illn"11.00P0010.- ANT, • • c_ r ; • • , ; • -1Reeardir, City and rouniyaf hoover , and State of COlorado . for the run*ildlerm Oen of Ter Lnllara and Other CoOd e3 Valuable Censideratien}1014 in tteci paid, herellmeMppand quit rIllitto)t J. p. Farms& cp„ n whore/44mm. Jo P. Bax 726, Rif,le nTy c't JUN it198i! Map Dom Fsa IGetww.wwewo Carfeld • and St Pit t.f Colo:mid° , the fotiwkinie -eal property. hi :he (*mint", ;.f carf FAL I S)6! Lot 5 517: It 9 520! N 1)1 NZ 1/4 521: N 1/2 NW 1/4 containing 185 acres, sorp or less PARCEL 521: Lei 2, Need Ebbdivision, a part of NW 1/4 tin 1/4 containing 1.223 !Acres, more or less All in /ewnship 6 South, Range 93 west of the tth P.H. sisacloarconammagandquawalsr Stu I.. 4,1* Volorado, to wit; wi Oh ail itsappurtcnawceA including, but not elindted to, any and all appurtenant. Mares of the Lesch cran-t Cenvany 1 Signed thia dax of n'r-e•-••••- .19 82 t • ASTIOTt • ' (SEAL] ."tY6, " COVORADO, uFamoThTalaks, INC. , iDIWt1tLZX AND 41,i . r ' • .7'; ' "'.' . - &linty of il,,),-.A-v,..•••-• Its reAcy . 0 : 11+8ffiregoinic inatruritcnt wits acknowledged before nit thin / °Itt day of .:., -1-.1.- . .11a2 . byarset 23y ljatt.,..-wi At% 41./ftr__ known to me tobe tho r-,A14-i-;,tifioe Presiidee: t and Socretary, re- sPec Y. of Urban Holdings, Inc„ at colporation. Wrap:mink:fa axpirep .i, ( k% Witneha rny hand and official peat LP, • - - ' 7 7 , • I 7 eb 0, „,.-2:,ri ( '....., .) • fD 2 c'? irler) Jvlibr No; 1St. la Ili et I IN - anrwr+41/ itrfrmair,.. %IQ 1,1;7•7•41, CO 1.214.-11411, 11141up grit EXHIBIT 6-r, Commonwealth Title Company of Garfield County, Ine. JULY 31, 1996 STUVER & GEORGE, P.C. ATTN: MELODY MASSIH 127 East 5t1s Street - r. 0. Box 352 Mlle, Colorado 81650 (970) 625-3300 FAX (970) 625-3305 RE: J.P. POWERS \ BATY FILE NO. 9607012 DEAR MELODY, PURSUANT TO YOUR REQUEST PLEASE FIND ENCLOSED COPIES OF ALL MATTERS UNDER SCHEDULE B - SECTION 2 OF THE ABOVE REFERENCED FILE. ADDITIONALLY WE HAVE RESEARCHED THE RECORD TITLE OWNERS WITHIN 200 FEET OF THE SUBJECT PROPERTY AND CURRENT MINERAL RIGHTS OWNERS AND LESSEES. THE FOLLOWING REPRESENTS OUR FINDINGS: OWNERS WITHIN 200 FEET THOMAS G. McBRIDE 11694 C.R. 320 RIFLE, CO 81650 GRASS MESA RANCH BOX 1089 ASPEN, CO 81602 THE UNITED STATES OF AMERICA ACTING BY AND THROUGH THE BUREAU OF LAND MANAGEMENT BOX 1009, GLENWOOD SPRINGS, CO 81602 MINERAL RIGHTS OWNER J.P. POWERS, BOX 726, RIFLE, CO 81650 MINERAL LESSEES SNYDER OIL CORPORATION 1625 BROADWAY SUITE 2200 DENVER, CO 80202 DESTEC FUEL RESOURCES 2500 CITY WEST BLVD. STE. 150 HOUSTON, TX 77042 _ALTHOUGH WE DEEM THIS INFORMATION RELIABLE NOTHING HEREIN SHALL BE CONSTRUED AS AN ABSTRACT OF TITLE, A GUARANTY OF TITLE OR AN OPINION OF TITLE. THE LIABILITY OF THIS COMPANY IS HEREBY LIMITED TO THE AMOUNT PAID FOR THIS SERVICE. IF YOU HAVE ANY QUESTIONS OR COMMENTS DO NOT HESITATE TO CONTACT THIS OFFICE. 1'(4i_QD DEAN H. HUBBELL DH\dk ENCLOSURES M 35 3 55 35 Onond(' Pond 65 65 34 56 34 • 67 56 /) 3 0 67 67 66 3 40 40 1 3 __CHANCE I • 1 4 67 66 68 22 VEY ainly rubs sira- )erly mdi- lese r as by iteri- lese from and igat- eep, aces This and - n is -e is Dd is very hick. rhes clay is of are acity s or Iow. -d is nited soil ng is -igat- ul in rass, irubs im- poor 1 tall g a rigat- Alish- RIFLE AREA, COLORADO ment. Reducing brush improves the range if the grass understory is adequate. Cottontail rabbit and pheasant find shelter on this soil if they can obtain food in surrounding areas. Use of this soil for sanitary facilities, for community development, and as a source of construction material is limited by the high shrink -swell potential, slow permeabil- ity, clayey textures, and salinity. This soil is in capability subclass Vlls, irrigated and nonirrigated. 4—Arvada loam, 6 to 20 percent slopes. This deep, well drained, sloping soil is on fans and high terraces. Elevation ranges from 5,100 to 6,200 feet. This soil formed in highly saline alluvium derived from sandstone and shale. The average annual precipitation is about 12 inches, average annual air temperature is about 48 de- grees F, and the average frost -free period is about 120 days. Typically, the surface layer is moderately alkaline, pale brown loam about 3 inches thick. The subsoil is brown silty clay loam about 14 inches thick. The substratum is Tight brown or brown silty clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Limon, Kim, and Heldt soils. Permeability is very slow, and available water capacity is high. Effective rooting depth is 60 inches or more. Organic matter content of the surface layer is low. Sur- face runoff is moderately rapid, and the erosion hazard is severe. This soil is used mainly for wildlife habitat and limited grazing. The native vegetation on this soil is mainly sagebrush, greasewood, and wheatgrass. When range condition deteriorates, grasses decrease and weedy forbs, cheatgrass, big sagebrush, and greasewood increase. Properly managing grazing main- tains and improves range condition. Seeding improves range in poor condition. Western wheatgrass and tall wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Irrigat- ing new seedings is necessary for successful establish- ment. Brush should not be reduced because grass pro- duction is low and some desirable native shrubs could be destroyed. Cottontail and pheasants find shelter on this soil if they can obtain food in surrounding areas. Use of this soil for sanitary facilities and as a source of construction material is limited by the large amounts of clay and salts. This soil is corrosive to steel and con- crete. Community development is limited by high shrink - swell potential, salinity, and steep slopes. This soil is in capability subclass Vlls, nonirrigated. 5—Ascalon fine sandy loam, 1 to 6 percent slopes. This deep, well drained, nearly level to gently sloping soil 11 is on mesas, alluvial fans, and terraces. Elevation ranges from 5,000 to 6,500 feet. The soil formed in alluvium derived from sandstone and shale. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is brown fine sandy loam about 5 inches thick. The subsoil is brown and yellowish brown sandy clay loam about 30 inches thick. The sub- stratum is very pale brown sandy clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Olney and Potts soils that have slopes of 1 to 6 percent. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches. Sur- face runoff is slow, and the erosion hazard is moderate. This soil is used mainly for irrigated crops, hay, and pasture. Some areas are used for grazing and wildlife habitat. This soil is irrigated mainly by corrugations. Sprinklers are also suitable. This soil erodes easily. Such practices as minimum tillage, grassed waterways, and tail water control reduce the danger of excessive erosion. Drop structures in irrigation ditches control water and prevent excessive ditch erosion. The native vegetation on this soil is mainly need- leandthread, wheatgrasses, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi. tion. Reducing brush also improves the range. Seedinc improves range in poor condition. Pubescent wheat grass, western wheatgrass, and big bluegrass are suit able for seeding. Preparing a seedbed and drilling the seed are good practices. This soil has potential as habitat for pheasant, cotton tail rabbit, mourning dove, and squirrel. These animal mostly obtain food and shelter in areas of crops and hay This soil has few limitations for community develop ment. Low strength and frost action affect structures an roads. Community sewage systems will be needed if th population density increases. This soil is in capability subclasses Ille, irrigated, an IVe, nonirrigated. 6—Ascalon fine sandy loam, 6 to 12 percer slopes. This deep, well drained, moderately sloping 1 rolling soil is on mesas, terraces, sides of valleys, ar alluvial fans. Elevation ranges from 5,000 to 6,500 fee The soil formed in alluvium derived from sandstone ar shale. The average annual precipitation is about " inches, the average annual air temperature is about degrees F, and the average frost -free period is abo 120 days. Typically, the surface layer is brown fine sandy los about 5 inches thick. The subsoil is brown and yellowi. 92 SOIL SURVEY TABLE 4. --ACREAGE AND PROPORTIONATE EXTENT OF THE SOILS Map I Soil name symbol: :Almy Variant loam, 25 to 65 percent slopes IArle-Ansari-Rock outcrop complex, 12 to 65 percent slopes :Arvada loam, 1 to 6 percent slopes :Arvada loam, 6 to 20 percent slopes :Ascalon fine sandy loam, 1 to 6 percent slopes Ascalon fine sandy loam, 6 to 12 percent slopes Ascalon -Pena complex, 6 to 25 percent slopes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Atencio-Azeltine complex, 1 to 3 percent slopes :Badland Begay sandy loam, 1 to 6 percent slopes ;Begay sandy loam, 6 to 12 percent slopes ;Bucklon-Inchau loams, 25 to 50 percent slopes :Chilton channery loam, 3 to 6 percent slopes :Chilton channery loam, 6 to 12 percent slopes 'Chilton channery loam, 12 to 25 percent slopes Cimarron loam, 2 to 12 percent slopes Cochetopa loam, 9 to 50 percent slopes Cochetopa-Jerry complex, 12 to 25 percent slopes Cochetopa-Jerry complex, 25 to 50 percent slopes Cryaquolls, nearly level Cushman-Lazear stony loams, 15 to 65 percent slopes Dateman gravelly loam, 30 to 50 percent slopes Detra fine sandy loam, 12 to 25 percent slopes ;Dollard -Rock outcrop, shale, complex, 25 to 65 percent I slopes 25 ;Etoe loam, 15 to 50 percent slopes 26 ;Farlow-Rock outcrop association, steep 27 ;Halaquepts, nearly level 28 IHeldt clay loam, 1 to 3 percent slopes 29 IHeldt clay loam, 3 to 6 percent slopes 30 IHeldt clay loam, 6 to 12 percent slopes 31 IHeldt clay loam, 12 to 25 percent slopes 32 IHolderness Variant clay loam, 6 to 25 percent slopes 33 IIldefonso stony loam, 6 to 25 percent slopes 34 IIldefonso stony loam, 25 to 45 percent slopes 35 IIldefonso-Lazear complex, 6 to 65 percent slopes 36 ;Irigul channery loam, 9 to 50 percent slopes 37 IIrigul channery loam, 50 to 75 percent slopes 38 iIrigul-Starman channery loams, 5 to 50 percent slopes 39 :Jerry loam, 12 to 50 percent slopes 40 IKim loam, 3 to 6 percent slopes 41 IKim loam, 6 to 12 percent slopes 42 ;Lamphier loam, 15 to 50 percent slopes 43 ;Limon silty clay loam, 3 to 12 percent slopes 44 IMorval loam, 3 to 12 percent slopes 45 Morval-Tridell complex, 6 to 25 percent slopes 46 Nihill channery loam, 1 to 6 percent slopes 47 Nihill channery loam, 6 to 25 percent slopes 48 Northwater loam, 15 to 65 percent slopes 49 Olney loam, 1 to 3 percent slopes 50 ;Olney loam, 3 to 6 percent slopes 51 :Olney loam, 6 to 12 percent slopes 52 ;Parachute loam, 25 to 65 percent slopes 53 ;Parachute -Rhone loams, 5 to 30 percent slopes 54 :Potts loam, 1 to 3 percent slopes 55 ;Potts loam, 3 to 6 percent slopes 56 Potts loam, 6 to 12 percent slopes 57 ;Potts-Ildefonso complex, 3 to 12 percent slopes 58 ;Potts-Ildefonso complex, 12 to 25 percent slopes 59 (Potts-Ildefonso complex, 25 to 45 percent slopes 60 ;Rhone loam, 5 to 30 percent slopes 61 :Rhone loam, 30 to 70 percent slopes 62 (Rock outcrop-Torriorthents complex, very steep 63 :Silas loam, 3 to 12 percent slopes 64 ;Tanna silty clay loam, 25 to 45 percent slopes 65 ;Torrifluvents, nearly level 66 ITorriorthents-Camborthids-Rock outcrop complex, steep 67 ITorriorthents-Rock outcrop complex, steep 68 (Vale silt loam, 3 to 6 percent slopes See footnote at end of table. Garfield County Acres 2,000 10,200 10,000 5,300 1,200 2,800 6,300 1,700 9,500 600 900 25,150 900 700 600 1,600 16,600 1,200 14,700 300 22,000 9,600 3,800 7,400 6,300 7,600 2,000 900 2,000 3,700 2,160 2,100 2,000 10,150 6,700 14,800 2,800 4,700 28,700 2,100 1,200 21,800 600 2,100 15,200 2,500 6,300 16,100 800 2,600 \ 5,300 8,700 8,100 1,900 1 ,800 1 ,150 ,800 ,300 2,750 7,800 5,300 25,700 2,800 3,700 7,600 51,600 66,850 41,000 Mesa County I Acres I 0 ' 0 : 0 I 0 : 0 I 0 ; O ; O : 0 0 ; 0 ; 2,350 : 0 ; 0 : O ; 0 : 500 : 0 0 ; O ' , O 0 ; O I O : 0I 0 : 0: 0 ; 0: 0 0 ; 0 ; 500 I 850 I 0 I O ' O ; 0 ; O ; O ; 0 : 0 ; 0 ; 0 ; 0I 200 0 : O ; O ; 0 ; O I 0 ; 0 : 0 : 200 550 : O ; 100 ; 50 : 0 ; 0 : O : 0 ; 0 ; 0 I 200 : 950 I 0 : Total -- Area :Extent Acres ; Pct 2,000 10,200 10,000 5,300 1,200 2,800 6,300 1,700 9,500 600 900 27,500 900. 700 600 1,600 17,100 1,200 14,700 300 22,000 9,600 3,800 7,400 6,300 7,600 2,000 900 2,000 3,700 2,160 2,100 2,500 11,000 6,700 14,800 2,800 4,700 28,700 2,100 1,200 21,800 600 2,100 15,200 2,700 6,300 16,100 800 2,600 5,300 8,700 38,100 1,900 16,000 15,700 3,800 7,400 2,800 7,800 5,300 25,700 2,800 3,700 7,600 51,800 67,700 4,000 0.3 1.6 1.6 0.8 0.2 0.5 1.0 0.3 1.5 0.1 0.1 4.4 0.1 0.1 0.1 0.3 2.7 0.2 2.3 3.5 1.5 0.6 1.2 1.0 1.2 0.3 0.1 0.3 0.6 0.3 0.3 0.4 1.7 1.1 2.4 0.5 0.8 4.6 0.3 0.2 3.5 0.1 0.3 2.4 0.4 1.0 2.6 0.1 0.4 0.8 1.4 6.1 0.3 2.5 2.5 0.6 1.2 0.4 1.2 0.8 4.1 0.5 0.6 1.2 8.3 10.8 0.6 SOIL SURVEY TABLE 5. --YIELDS PER ACRE OF CROPS AND PASTURE ields in the N columns are for nonirrigated soils; those in the I columns are for irrigated soils. Yields are those that can be expected under a high level of management. Absence of a yield indicates that the soil is not suited to the crop or the crop generally is not grown on the soil] Soil name and map symbol Wheat Barley Oats Alfalfa hay ; Corn silage 1 N I I 1 N i I lmy Variant rle-Ansari-Rock outcrop rvada Arvada Ascalon Ascalon Ascalon -Pena Atencio-Azeltine 3u i 3u i Bu i du 19 17 I ; 1 I Badland , I 1 0 ; 18 1 Begay ; 1 1 1 15 1 Begay i ; I1 , I 2 1 I Bucklon-Inchau i ; 3, 14, 15 1 1 1 Chilton ; 1 i 6_-- ; 1 1 Cimarron 1 1 7 1 ; Cochetopa ; 1 8 , 19 ; Cochetopa-Jerry , ; 1 1 I 1 0*. 1 Cryaquolls 1 1 I 1 1 I 1 Cushman-Lazear , , ; I I I 1 2 1 ; Dateman ; 1 1 ; ; 3 1 1 1 rDetra 1 1 1 t 1 r?4 1 ; Dollard -Rock outcrop ; 1 1 11 I 1 40 55 i 45 ' 60 30 1 30 ; 25 ; 60 55 1 ; 65 1 1 1 60 i 20 I I I 50 I 1 I I I 1 1 I I See footnote at end of table. 80 ' 65 1 1 I 1 Bu ; Bu i ion 30i 80! f o n 3.0 L'l i 80! 1 3.0 1 1 ; 40; 751 1 30; 60; 1 1 i I I I I ; ; 1 1 1 I I I 1 I 1 I •1 I 4.0 1 2.5 ion i ion I 1 I 1 I 1 I I ; I I 1 1 1 I 1 I 1 I 1 I 1 1 1 I 1 1 I 1 i 1 RIFLE AREA, COLORADO TABLE 6. --RANGELAND PRODUCTIVITY AND CHARACTERISTIC PLANT COMMUNITIES [Only the soils that support rangeland vegetation suitable for grazing are listed] 97 Soil name and map symbol Range site name Total production ; ; ; ; Characteristic vegetation ;Kind of year I Dry ; :weight ; ;Compo- sition Almy Variant 2*: Arle 3 14 Ansari Rock outcrop. Arvada Arvada 5, 6 Ascalon 7*: Ascalon ;Brushy Loam Loamy Slopes Loamy Breaks ;Salt Flats ;Alkaline Slopes ;Deep Loam ;Deep Loam See footnote at end of table. ;Favorable ;Normal ;Unfavorable ;Favorable ;Normal ;Unfavorable ;Favorable ;Normal ;Unf'vorable ; ;Favorable ;Normal ;Unfavorable ;Favorable ;Normal ;Unfavorable ;Favorable ;Normal ;Unfavorable ;Favorable ;Normal ;Unfavorable ;Lb/acre; 3,000 ;Mountain brome 2,000 ;Gambel oak 1,500 ;Elk sedge 1,200 ;Slender wheatgrass ;Western wheatgrass ;Mountain snowberry ;Nodding bromegrass ;Utah serviceberry ;Aspen peavine ;Big sagebrush ;Mountain snowberry ;Saskatoon serviceberry ;Western wheatgrass 900 ;Indian ricegrass 500 ;Bluebunch wheatgrass ;Gambel oak ;Needleandthread ;Utah serviceberry ;True mountainmahogany ;Big sagebrush 850 ;Indian ricegrass 700 ;Western wheatgrass 500 ;Pinyon ;Juniper ;Big sagebrush 900 650 500 ;Utah serviceberry ;Needleandthread ;Western wheatgrass ;Alkali sacaton ;Inland saltgrass ;Winterfat ;Bottlebrush squirreltail ;Gardner saltbush ;Greasewood 700 ;Big sagebrush 500 ;Greasewood 400 ;Galleta ;Shadscale ;Bottlebrush squirreltail ;Western wheatgrass 1,800 ;Needleandthread 1,500 ;Western wheatgrass 700 ;Bluebunch wheatgrass ;Big sagebrush 1,800 1,500 ;Western wheatgrass 700 ;Utah serviceberry ;Needleandthread ;Bluebunch wheatgrass ;Big sagebrush ;Utah serviceberry Pct 20 20 10 5 5 5 5 5 5 5 5 5 20 15 15 10 8 7 7 5 20 15 15 5 5 5 5 10 10 10 5 5 5 5 20 20 10 10 5 5 20 15 10 10 5 20 15 10 10 5 RIFLE AREA, COLORADO IVJ TABLE 7. --BUILDING SITE DEVELOPMENT [Some terms that describe restrictive soil features are defined in the Glossary. See text for definitions of "slight," "moderate," and "severe." Absence of an entry indicates that the soil was not rated] Soil name and I Shallow map symbol i excavations 1 ;Severe: Almy Variant I slope. 2*: Arle ;Severe: ; slope, large stones. Ansari ;Severe: I slope, I depth to rock. Rock outcrop. 3 :Moderate: Arvada I too clayey. 4 :Moderate: Arvada ;.-slope, I too clayey. 5 Slight Ascalon Dwellings without basements Dwellings with basements Small commercial buildings Local roads and streets 6 ;Moderate: Ascalon I slope. 7*: Ascalon :Moderate: I slope. Pena ;Severe: I slope, I large stones. 8*: Atencio :Severe: I cutbanks cave. Azeltine ;Severe: cutbanks cave, I large stones. 9*. Badland 10 :Moderate: Begay : large stones. 11 :Moderate: Begay I slope, I large stones. 12*: Bucklon :Severe: depth to rock, slope. See footnote at end of table. :Severe: ;Severe: I slope. I slope. I1 1 1 1 1 1 ;Severe: ;Severe: I slope, 1 slope, I large stones. I large stones. ; I ;Severe: ;Severe: I slope, I slope, I depth to rock. I depth to rock. ;Severe: ; shrink -swell. ;Severe: I shrink -swell. ;Severe: ; shrink -swell. ;Severe: I shrink -swell. Moderate: ;Moderate: low strength. I low strength. Moderate: :Moderate: slope, I slope, low strength. ; low strength. :Moderate: 1 slope, 1 low strength. ;Severe: slope, 1 large stones. ;Slight Moderate: slope, low strength. ;Severe: ;Severe: I slope. ; slope, 1 I low strength. 1 1 I 1 ;Severe: :Severe: slope, I slope, large stones. ; large stones. ; 1 ;Severe: ;Severe: slope, I slope, depth to rock. I depth to rock. 1 1' 1 1 ; I ;Severe: (Severe: I shrink -swell. ; shrink -swell, I low strength. 1 ' ;Severe: ;Severe: slope, ; shrink -swell, shrink -swell. I low strength. 1 I 1 ;Moderate: :Moderate: I low strength. ; frost action, I low strength. 1 1 ' ;Severe: :Moderate: slope. I slope, I frost action, I low strength. 1 1 ' : :Severe: ;Moderate: ; slope. 1 slope, I frost action, I I low strength. Severe: :Severe: ;Severe: slope, ; slope, I slope, large stones. ; large stones. I large stones. ' I I Slight ;Slight ;Slight. ; ; ;Moderate: 1 large stones. 1 1 I , I ;Moderate: Moderate: :Moderate: large stones. large stones. 1 large stones. ; I 1 I I I I I 1 I ;Slight ;Moderate: :Slight ;Slight. ; I large stones. . I I '' I 1 I ' :Moderate: :Moderate: :Severe: ;Moderate: ; slope. I slope, I slope. I slope. I large stones. 1 1 II ' ' I I 1 1 1 1 I ;Severe: :Severe: :Severe: :Severe: I depth to rock, I depth to rock, : depth to rock, I depth to rock, I slope. I slope. 1 slope. 1 slope, ; ; 1 I low strength. 1I 1 , , I 108 TABLE 8. --SANITARY FACILITIES SOIL SURVEy. [Some terms that describe restrictive soil features are defined in the Glossary. See text for definitions of "slight," "moderate," "good," "fair," and other terms. Absence of an entry indicates that the soil was = not rated] Soil name and map symbol Septic tank absorption fields Sewage lagoon areas Trench sanitary landfill Area I Daily cover sanitary I for landfill landfill I 1 :Severe: Almy Variant I slope, I percs slowly. 2*: Arle :Severe: Ansari Rock outcrop. I slope, : depth to rock. :Severe: I slope, depth to rock. 3 Severe: Arvada ; percs slowly. 4 ;Severe: Arvada ; percs slowly. 5 Ascalon Slight 1 I ;Severe: :Severe: :severe: ;Poor: : slope. : slope. : slope. I slope. ; ; I I 1 ; : I I I1 I I I 1 I I :Severe: :Severe: :Severe: ;Poor: slope, i slope, 1 slope. : slope, : large stones. : depth to rock. : : large stones, ; I I area reclaim. : : I :Severe: :Severe: :Severe: :Poor: slope, slope, ; slope. I slope, depth to rock. 1 depth to rock. : : thin layer, 1 I area reclaim. I II I I I I ; I 1 I I ;Moderate: :Moderate: ;Slight I slope. I too clayey. ; ;Severe: :Moderate: : slope. : too clayey. ; ; Severe: seepage. Severe: seepage. 6 :Moderate: :Severe: (Severe: Ascalon ; slope. : slope, I seepage. I I seepage. . ; : ; 7*: : : : Ascalon ;Moderate: :Severe: :Severe: I slope. I slope, I seepage. : seepage. . I Pena :Severe: :Severe: ;Severe: I slope, I slope, : large stones. I large stones. I large stones. : ; : 1 8*: : : : Atencio :Slight ;Severe: :Severe: II seepage. : seepage. ; 1 I Azeltine :Severe: :Severe: :Severe: ; large stones. I seepage, I seepage, I I large stones. I large stones. : : : 9*. ; ; : Badland : ; ; I 1 1 I 1 1 10 ;Moderate: :Severe: :Severe: Begay ; large stones. ; seepage. I seepage. ; : : 11 :Moderate: :Severe: :Severe: Begay ; slope, : slope, I seepage. : large stones. I seepage. : : 12*: ; ; 1 Bucklon :Severe: ;Severe: :Severe: I depth to rock, ; depth to rock, ; depth to I slope, I slope. I slope. I percs slowly. : : I I 1 See footnote at end of table. :Moderate: slope. ,;Severe: I seepage. :Severe: I seepage. Severe: seepage. Severe: slope. :Slight ;Severe: I seepage. :Severe: I seepage. ;Severe: I seepage. :Severe: rock, I slope. (Fair: too clayey. :Fair: I slope, I too clayey. ;Good. ;Fair: I slope. (Fair: slope. :Poor: I slope, large stones. ;Severe: I large stones. ;Poor: I seepage, I large stones. :Fair: I large stones. ;Fair: ; slope, I large stones. :Poor: : thin layer, slope, : area reclaim. 114 SOIL SURVEY TABLE 9. --CONSTRUCTION MATERIALS [Some terms that describe restrictive soil features are defined in the Glossary. See text for definitions "good," "fair," and "poor." Absence of an entry indicates that the soil was not rated] of Soil name and map symbol Roadfill Sand Gravel Topsoil 1 ;Poor: Almy Variant ' slope, I low strength. 2*: Arle :Poor: 1 slope, 1 thin layer, 1 area reclaim. Ansari ;Poor: slope, thin layer, area reclaim. Rock outcrop. 3, 4 5 Arvada Ascalon 6 Ascalon 7*: Ascalon Pena 8*: •Atencio :Poor: I shrink -swell, ' low strength. :Poor: ' low strength. ;Poor: low strength. :Poor: I low strength. (Poor: : large stones. ;Good Azeltine :Fair: ' large stones. 9*. ' Badland 10 ;Fair: Begay ; large stones. 11 ;Fair: Begay ' large stones. 12*: ; Bucklon ;Poor: ; thin layer, I slope, I area reclaim. See footnote at end of table. :Unsuited :Unsuited (Poor: ; i slope. I I I I I I I II I I I I :Unsuited: :Unsuited: ;Poor: 1 thin layer. I thin layer. i slope, I I 1 large stones. I I I I I I I :Unsuited :Unsuited (Poor: I ; ' slpe, I ; : large stones, I ; : area reclaim. : ; : I I I ; : ; :Unsuited: :Unsuited: (Poor: : excess fines. : excess fines. ' too clayey, I 1 : excess sodium. I I I I :Poor: ;Unsuited ;Fair: : excess fines. ; I too clayey. : ; 1 :Poor: .Unsuited ;Fair: 1 excess fines. ' ; slope, I ; too clayey. I : : I ;Poor: :Unsuited ;Fair: I excess fines. 1 ; slope,l : ' 1 too cayey. ' I ; :Unsuited ;Unsuited ;Poor: slarge ope, I ' : lstones. ; ' I I I I ;Poor: ;Poor: ;Fair: : large stones. ' large stones. ; small stones. I I I I ;Poor: (Poor:. ;Poor: I large stones. : large stones. ' small stones. : ' I I I I I I 'Poor: :Unsuited rood. excess fines, ; large stones. ' ' ; :Poor: :Unsuited 'Fair: 1 excess fines. . ' slope. I I I I I I I I :Unsuited :Unsuited :Poor: : ; slope, I ' area reclai=, I ' I 1 thin layer. I 120 TABLE 10. --WATER MANAGEMENT SOIL SURVEY [Some terms that describe restrictive soil features are defined in the Glossary. Absence of an entry indicates that the soil was not evaluated] Soil name and ; Pond map symbol ; reservoir areas I Embankments, I Drainage ; Irrigation ; Terraces and dikes, and ; ; I diversions levees ! ; Grassed waterways 1 :Slope Almy Variant ; 2*: Arle ;Slope, ' seepage, depth to rock. Ansari 'Slope, I depth to rock. ! ; Rock outcrop. ! I I 3 !Favorable ;Excess Arvada ; : II I 1 I I 4 ;Slope !Excess Arvada ; ; II + 1 ! ; 5 ;Seepage, !Favorable Ascalon ; slope. ; 6 !Seepage, !Favorable Ascalon : slope. I 7*: I Ascalon !Seepage, !Favorable I slope. ! ! ; I ; ; i Favorable ;Slope !Slope :Slope ;Slope. I I I I + 1 II I I I I I I1 I I I + 1 + Piping, !Slope, :Large stones, ;Large stones, :Large stones, thin layer, ; depth to rock,; slope, ; slope, ; slope, large stones. ! large stones. ; droughty. ; depth to rock.; droughty. I II I I I 1 Thin layer ;Slope, ;Droughty, ;Slope, ;Slope, ; depth to rock.; slope, ! depth to rock.; rooting depth, ; I rooting depth.; ; droughty. ; ; ; ; ; ! ; ; ; ; ; ; sodium ;Peres slowly, ;Slope, ;Peres slowly ---;Peres slowly, ! excess sodium,; percs slowly, ; ; excess sodium. ; slope. ; excess sodium.; ; I 1 I sodium --;Peres slowly, ;Slope, !Slope, ; excess sodium,; percs slowly, ; percs slope. ; excess sodium.; ; ; ;Slope ;Slope I ;Slope I ! ; ;Slope ;Slope ;Slope ; ; : ; I ; :Slope !Slope Slope ! : :Slope, ;Slope, ; stones. large stones, I large I droughty. ; ; ! ! ; ;Slope, ;Slope, (Large I cutbanks cave,! droughty, I soil I large stones. I soil blowing. I ; I i ;Slope, ;Slope, ;Large ; large stones. ; seepage, ; soil ; I droughty. ; I I ; 1 I I : : ! I + !Slope ;Slope :Favorable I I 1 : I :Slope :Slope ;Slope I I 1 I : ; ; ; + + Thin layer ;Depth to rock, :Rooting depth, ;Slope, ;Slope, ; slope. ; slope. ; depth to rock.! rooting depth, Thin layer :Slope, ;Slope, ;Slope, (Slope, depth to rock.! rooting depth.; depth to rock.; rooting depth. I + 1 I 1 1 I 1 1 I I ;Slope :Droughty, ;Favorable ;Droughty. ; ; slope. ! ; I I 1 I + 1 Pena • 8*: Atencio ;Seepage, ; slope. Azeltine ;Slope, ; seepage. Slope, large stones. 9*. Badland 10 Begay 11 Begay !Large stones ---!Slope, I I large ! ! I I 1 I I I 1 1 :Seepage, ; large stones. ;Seepage, large stones. Scope, ;Piping, seepage. ; seepage. ; Slope, ;Piping, seepage. I seepage. ; 12*: Bucklon !Depth to rock, ; slope. Inchau !Slope, I depth to rock, ! seepage. 13 !Seepage, Chilton ; slope. See footnote at end of table. ;Slope, slowly. I percs slowly, ; excess sodium. ;Slope. !Slope. ;Slope. !Slope, stones. ! large stones, droughty. Y' stones, ;Droughty, blowing. ; large stones. stones, ;Droughty, blowing. ; large stones. ;Favorable. ;Slope. ;Seepage RIFLE AREA, COLORADO 125 TABLE 11. --RECREATIONAL DEVELOPMENT [Some terms that describe restrictive soil features are defined in the Glossary. See text for definitions of "slight," "moderate," and "severe." Absence of an entry indicates that the soil was not rated] 1 I Soil name and 1 Camp areas , Picnic areas Playgrounds 1 Paths and trails map symbol I I ! 1 Severe: ;Severe: ;Severe: :Severe: Almy Variant slope. I slope. I slope. I slope. I 1 I 2*: ' Arle Severe: ;Severe: ;Severe: :Severe: slope, i slope, ; slope, ; slope, large stones. I large stones. I large stones, I large stones. I I I small stones. , I! I Ansari ;Severe: ;Severe: ,Severe: ;Severe: I slope, I slope. I slope, I slope. 1 depth to rock. 1 I depth to rock, II large stones. . ; 1 1 I I I 1 Rock outcrop. ; I ' ! I 3 ;Moderate: ;Slight ;Moderate: ;Slight. Arvada ; percs slowly. ; ; percs slowly. ; I ; I q ;Moderate: ;Moderate: ;Severe: ;Slight. Arvada I percs slowly. I slope. I slope. , 5 ;Slight ;Slight ;Moderate: ,Slight. ;e. Ascalon ; 1 I slopI 6 ;Moderate: ;Moderate: ;Severe: 'Slight. Ascalon 1 slope. ; slope. I slope. ; ; ; 7*: I Ascalon ;Moderate: ;Moderate: ;Severe: Slight. ; slope. ; slope. 1 � slope. ! 1 1 Pena ;Severe: ;Severe: ;Severe: Moderate: 1 slope, I slope. I slope, slope. I large stones. 1 I large stones. ' I I ; 1 1 ;Slight ;Slight (Moderate: , slope, I small stones. 8*: Atencio Azeltine 9*. Badland 10 Moderate: small stones. !Slight ;Moderate: I small stones. , I 1 I I I 1 II I I I ;Slight ;Moderate: ;Slight. ! 1 slope. ; 1 1 ;Moderate: ;Severe: I slope. ;Slight. slope. ; P ; I !Severe: ;Severe: ;Severe: slope, I depth to rock, ; slope. 1 depth to rock. I slope. I I ;Severe: ;Severe: ;Severe: 1 slope. 1 I slope. 1 slope. I � I ;Severe: I slope, I small stones. ;Slight. ;Moderate: 1 small stones. ; Begay 1 11 . ;Moderate: Begay I slope. 12*: 1 Bucklon ;Severe: 1 slope, 1 depth to rock. Inchau ;Severe: I slope. See footnote at end of table. 130 SOIL SURVEY TABLE 12. --WILDLIFE HABITAT POTENTIALS [See text for definitions of "good," "fair," "poor," and "very poor." Absence of an entry indicates that the soil was not rated] Potential for Soil name and ;Grain I :Wild I map symbol ; and (Grasses;herba-IHard- ;seed I and ; ceousl wood ;crops :legumes; plants; trees 1 I 1 I ; I I I II I 1 I I 1 ;Very ;Very ;Fair ; Almy Variant ; poor.; poor. ; ; 1 ( ( I 1 2*: ; ; ; 1 Arle (Very ;Very ;Fair 1 1 poor.; poor. ; ; : ; I : Ansari ;Very ;Very ;Poor I ; poor.; poor. ; : ; ; ; Rock outcrop. ; ; ; ; ; 1 3, 4 Very ;Very :Poor I Arvada poor.; poor. ; : ; ; ; 5 Good ;Good I F.iir : Ascalon ; ; : I ; ; 6 ' Fair ;Good ; Ascalon : ; : I ; : Poor ;Fair ; 1 : I1 1 I I ;Very ;Very 1 poor.; poor. I I I 1 8*: ; ; ; ; Atencio ;Fair ;Good ; : ; I 1 1 Azeltine ;Poor ;Fair ; ; ; I I 1 9* 1 I 1 I Badland ; ; I I I I I 10, 11 ;Fair ;Fair ;Fair ; Begay : : ; 1 1 I I 1 I 1 1 1 12*: : ; ; ; Bucklon ;Poor ;Poor ;Fair : : i : I ; ; ; Inchau ;Very (Very ;Fair I I poor.; poor. I ; ; 13, 14, 15 ;Poor ;Fair ;Fair I Chilton I I I ; : 16 ;Poor ;Poor Fair I Cimarron 1 : ; ; ; 17 ;Poor ;Poor ;Good ; Cochetopa : : ; ; : : ; 1°p *, 19*: I I I ; Cochetopa ;Poor ;Poor Good ; I 1 1 I Jerry ;Very ;Very ;Fair : I poor.; poor. ; ; ; 7*: Ascalon Pena Fair ;Fair Fair :Good ;Fair See footnote at end of table. habitat elements ; I ; I Open- Conif-;Shrubs;Wetland;Shallow: land erousl :plants I water I wild - plants; ; 1 areas ; life r I I 1 Potential as habitat for -- I I I I I I I I ;Fair :Very ;Very ;Poor ; poor. I poor. ; I I I 1 I 1 I I I 1 I i ;Fair ;Very ;Very ;Poor 1 poor. ; poor. 1 :Poor ;Very ;Very : poor. I poor. I 1 ; I i I I t I I 1 ;Very ;Poor ;Very poor.; ; poor. I I Fair ;Poor ;Very : poor. 1 I I 1 1 ;Fair ;Poor ;Very I poor. ;Fair Poor :Very I poor. ;Fair Very ;Very poor. ; poor. 1 I I 1 ;Fair Poor ;Very ;Fair ; poor. : ; ;Fair Very ;Very poor. I poor. I ; ;Very ; poor. I I ;Very : poor. I I ;Very : poor. ;Very ; poor. Very poor. ; ;Very ; ; poor. :Very poor. ;Very ; poor. :Very ; poor. ;Very poor. ;Good ;Fair ;Fair ; ( :Poor ; :Fair :Very ; I poor. I1 I I I I I ;Fair ;Very ; I poor. I I ;Fair :Very ; ; poor. : Fair ;Fair :Very ; I poor. 1 ;Fair ;Very I ; I poor. :Fair (Very ; ; poor. I 1 1 I 1 1 ;Fair ;Very ; I ; poor. I I ;Fair ;Very ; I poor. I Wood- ; land ;Wetland wild- 1 wild- life ; life Range- land' wild- life Poor : ;Fair I ;Very ; poor. I 1 I 1 1 I I 1 Poor : :Very I I I poor. Poor : ;Very : poor. 1 1 I I :Fair ;Fair ;Very I poor. I I I 1 I I Poor 1 ;Very I poor. Fair 1 ;Very poor. I 1 1 I I 1 ;Fair I ;Very I poor. 1 I I :Poor ; ;Very : poor. ; ; I ;Very I poor. ( ;Very : poor. ;Very I poor. ;Very 1 poor. ;Very I poor. :Very I poor. ;Very I poor. ;Very : poor. ( (Fair. ( :Fair. (Poor. ( ;Very poor. ;Fair. ;Fair. ;Fair. ;Fair. Very :Fair. poor. :Very :Fair. poor. ; I I ;Fair. ( ;Fair. Fair. Fair. Fair. :Fair. Fair. Good. 134 SOIL SURVEY TABLE 13. --ENGINEERING INDEX PROPERTIES [The symbol < means less than; > means more than. Absence of an entry indicates that data were not estimated] 1 Classification IFrag- 1 Percentage passing i i Soil name and ;Depth; USDA texture 1 1 :ments ; sieve number-- ;Liquid 1 Plas- map symbol ; ; ; Unified ; AASHTO 1 > 3 ; I ; limit ; ticity I i :inches: 4 : 10 ; 40 ; 200: index In I i 1 1 Pct ; 1 : : Pct 1 1 I I I I I I I I 1 1 1 1 1 1 11 1 1 : 0-8 ;Loam ICL -ML 1A-4 ; 0-5 190-100190-100180-95 150-75 10-20 1 5-10 Almy Variant 18-34,Clay loam ICL IA -6 1 0-5 :85-100185-100175-95 165-85 30-40 : 10-20 134-601Flaggy clay ICL 1A-6 125-35 175-90 175-90 160-80 150-70 20-30 110-15 1 : loam, flaggy : 1 1 1 1 1 1 1 1 1 loam. : ; : : : : ; : 11 1 1 1 1 1 1 1 1 1 1 I I 1 , I 1 1 1 2*: 1 1 1 1 i 1 1 1 1 1 Arle 1 0-10IVery stony loam 1SM, GM, IA -4 125-40 160-85 :55-80 :45-70 135-55 1 NP 1 , : ML : : 1 1 ; : 1 110-32IVery stony loam,IGM, SM :A-2, A-1130-60 140-70 140-70 135-55 120-35 NP 1 1 very stony I I 1 I 1 1 I I 1 1 sandy loam. 1 1 1 1 1 1 1 1 : 32 ;Weathered 1 : : --- ; 1 1 --- : --- 1 1 bedrock. 1 1 1 1 1 1 1 1 1 1 1 Ansari 1 0-10:Loam ICL -ML, :A-4 : 5-15 175-100175-90 170-80 145-65 20-30 5-10 1 SM -SC 1 1 1 1 1 I 110-18:Loam, stony loamlCL-ML, IA -4 15-35 175-95 175-90 170-80 145-65 20-30 5-10 1 I SM -SC 1 1 1 1 1 1 1 18 (Unweathered 1 --- 1 1--- I--- 1--- 1 1 • 1 I bedrock. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Rock outcrop. 1 1 1 1 1 1 1 1 1 3, 4 1 0-3 ;Loam ICL -ML IA -4 1 0 190-100190-100185-95 160-75 15-25 5-10 Arvada : 3-171C1ay, silty clay1CL, CH IA -7 1 0 :80-100 75-100;70-100165-95 40-65 20-35 1 I loam. 1 1 1. 1 1 1 :17-601Clay loam, siltyIcL :A-7 1 0 180-100 75-100170-100155-80 40-45 20-25 1 1 clay loam. 1 1 1 1 1 11 1 1 1 1 5, 6 1 0-5 ;Fine sandy loam ISM A-2, A-41 0 :95-100190-100:70-95 125-50 15-25 NP -5 Ascalon 15-30;Sandy clay loam ISC, CL A-6 1 0 195-100190-100:80-100140-55 20-40 10-20 130-601Sandy loam, ISC, A-4, A-61 0 195-100195-100175-95 135-65 20-40 5-15 1 1 sandy clay 1 SM -SC, 1 1 1 1 1 1 I loam, fine 1 CL, 1 1 1 1 1 1 1 sandy loam. 1 CL -ML 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Ascalon I 0-5 ,Fine sandy loam ISM ,A-2, A-4', 0 195-100:90-100,70-95 :25-50 15-25 NP -5 15-301Sandy clay loam 1SC, CL 1A-6 1 0 195-100190-100180-100140-55 20-40 10-20 130-60ISandy loam, ISC, :A-4, A-6 0 195-100195-100:75-95 135-65 20-40 5-15 1 1 sandy clay 1 SM -SC, 1 I 1 1 1 1 1 1 loam, fine 1 CL, 1 1 1 ; 1 1 1 1 sandy loam. 1 CL -ML 1 1 1 1 1 1 11 1 , Pena 1 0-12:Stony loamICL-ML :A-4 1 5-20 175-90 :75-85 170-75 :50-60 20-40 5-20 112-60IVery stony loam,IGM 1A-1, ;35-75 140-75 '35-70 30-65 120-50 20-30 NP -5 1 1 very stony 1 1 A-2, 1 1 1 1 1 sandy loam. 1 : A-4 1 1 1 1 1 , 1 I 1 : 8*: 1 1 1 1 1 1 I 1 1 Atencio I 0-11:Sandy loam :SM IA -2 1 0-5 175-100175-100150-65 120-30 15-20 NP -5 111-23:Gravelly sandy ISC IA -2, A -6I 0-5 165-90 150-90 135-65 125-45 20-30 10-15 1 1 clay loam, 1 1 1 1 1 1 11 1 1 sandy clay 1 1 1 1 1 1 1 1 1 loam. 1 1 1 1 1 1 : 123-28lGravelly sandy ISM -SC IA -2 1 5-10 150-80 150-75 140-65 115-30 15-25 5-10 1 I clay loam, 1 I 1 1 1 1 1 1 1 gravelly sandy 1 1 1 1 1 1 1 1 I loam. 1 1 1 1 1 1 1 128-60:Sand, gravel, ISP, GP, IA -1 130-60 :40-60 135-55 110-35 1 0-10 NP 1 1 and cobbles. 1 SP -SM, 1 1 1 1 1 1 1 1 11 GP -GM I 1 I I I 1 1 1 1 I 1 1 1 See footnote at end of table. RIFLE AREA, COLORADO 141 TABLE 14. --PHYSICAL AND CHEMICAL PROPERTIES OF SOILS [The symbol < means less than; > means more than. Entries under "Erosion factors --T" apply to the entire profile. Entries under "Organic matter" apply only to the surface layer. Absence of an entry indicates that data were not available or were not estimated] 1 Erosion I Soil name and 1Depth:Clay <2mm1 Permeability ;Available; Soil ;Salinity Shrink -swell 1 factors ;Organic map symbol i : : : water ;reaction; potential 1 , 1 matter : : ; ;capacity 1 1K ; T 1 I In 1 Pct ; In/hr I In/i,: : Et immhos/cm 1 I 1 I 0-8 1 20-25 ; 0.6-2.0 10.16-0.1917.4-7.8 Almy Variant 18-341 30-35 ; 0.2-0.6 10.18-0.2017.4-8.4 134-601 20-35 : 0.6-2.0 10.13-0.1517.9-8.4 11 I 1 : 1 1 2*: ; ; ; ; Arle 1 0-101 15-25 110-321 10-25 132 I --- I I Ansari : 0-101 18-25 110-181 16-20 1 18 1 --- : ; Rock outcrop. : 1 : I 3, 4 1 0-3 1 15-27 Arvada 1 3-17: 35-45 117-601 28-40 I I 5, 6 ; 0-5 1 10-20 Ascalon 15-301 20-30 130-601 15-25 I 1 7*: Ascalon 1 0-5 1 10-20 1 5-30; 20-30 130-601 15-25 1 1 1 Pena 1 0-121 15-25 112-601 15-25 11 1 1 8*: ; ; Atencio 1 0-111 10-20 111-231 20-30 123-281 15-25 128-601 0-2 1 1 1 Azeltine : 0-181 10-20 :18-601 0-2 9* : Badland : ; : ; 10, 11 1 0-14: 10-18 Begay 114-241 10-20 124-601 10-15 : ; 12*: ; Bucklon 1 0-5 : 20-27 ; 0.06-0.2 1 5-151 20-35 1 0.06-0.2 1 15 1 --- : --- 11 Inchau 1 0-3 1 15-27 1 0.6-2.0 1 3-361 20-35 1 0.6-2.0 1 36 1 --- 1 --- 1 13, 14, 15 I 0-131 10-20 : 0.6-2.0 Chilton 113-601 10-18 1 2.0-6.0 11 1 I 16 1 0-4 I 10-25 1 0.6-2.0 Cimarron 1 4-601 35-45 1 0.06-0.2 0.6-2.0 10.07-0.0917.4-8.4 0.6-2.0 10.06-0.0917.9-8.4 0.6-2.0 10.10-0.1317.9-8.4 0.6-2.0 ;0.08-0.1217.9-8.4 1 I I 1 _ 1 I 0.6-2.0 10.16-0.181 >7.9 0.06-0.2 10.07-0.09; >8.4 0.06-0.2 10.09-0.111 >7.8 0.6-6.0 10.11-0.1616.6-7.8 0.6-2.0 10.13-0.1516.6-7.8 0.6-6.0 10.11-0.1517.9-8.4 1 1 0.6-6.0 10.11-0.1616.6-7.8 0.6-2.0 10.13-0.1516.6-7.8 0.6-6.0 10.11-0.1517.9-8.4 0.6-2.0 10.12-0.1517.,4-7.9 0.6-2.0 10.03-0.0817.9-8.4 1 I I 1 I I 2.0-6.0 10.12-0.14:7.4-7.8 0.6-2.0 10.11-0.1317.4-7.8 2.0-6.0 10.07-0.0917.9-8.4 6.0-20 10.03-0.0517.9-8.4 1 2.0-6.0 0.08-0.1217.9-8.4 >6.0 0.03-0.0517.4-8.4 1 2.0-6.0 10.12-0.1416.6-8.4 2.0-6.0 10.12-0.1517.4-8.4 2.0-6.0 10.08-0.1117.4-8.4 1 I I 1 1 :0.17-0.20;6.1-7.3 10.16-0.1816.1-7.3 : 1 See footnote at end of table. 1 Pct 1 1 1 1 I I <2 :Low 10.281 5 1 3-5 <2 ;Moderate 10.321 1 <2 ;Low 10.321 1 1 1 I 1 1 1 1 1 <2 ;Low :0.101 2 1 2-4 <2 ;Low :0.10: 1 1 1 I 1 <2 :Low 10.151 1 1 2-4 <2 ;Low 10.151 1 1 1 1 I 1 1 1 1 : ; ; <4 1Low 10.321 5 10.5-1 <4 :High 10.32; 1 <8 ;High :0.321 1 1 1 1 1 <2 1Low '0.171 5 1 1-3 <2 :Moderate 0.241 1 <2 :Low 0.241 1 1 1 I 1 1 : 1 <2 :Low 10.171 5 1 1-3 <2 :Moderate 10.241 1 <2 ILow 10.241 1 ; 1 1 1 <2 ;Low 10.281 3 I 1-3 2-4 :Low 10.24: 1 1 : 1 1 1 1 1 <2 :Low 1 I 10.24; 3 1 2-4 <2 ;Moderate :0.171 1 <2 :Low:0.10; 1 <2 1Low 10.101 1 : 1 1 1 <2 ;Low :0.10; 2 : 2-4 <2 :Low 10.10: 1 I 1 1 ' I 1 I I 1 1 1 1 1 1 ,1 1 1 1 I I <2 ;Low 10.241 5 10.5-1 <2 :Low 10.321 1 <2 ILow 10.321 1 1 1 1 1 1 1 1 1 <2 ;Moderate 10.321 1 1 2-5 <2 ;Moderate 10.37: 1 1 1 I I 1 10.321 3 I : 2-5 10.281 1 1 I----1 1 <2 :Low 1 1 : 10.28: 5 10.5-2 <2 ILow :0_.15; 1 1 1 1 <2 :Low 10.37 5 1 2-4 <2 :High 10.32 1 1 1 0.16-0.1816.1-7.8 <2 :Low 0.11-0.1516.1-7.8 <2 ;Low 1 ;0.12-0.1417.9-8.4 10.07-0.0917.9-8.4 1 1 I 0.16-0.1816.6-7.8 0.14-0.1616.6-7.8 1 TABLE 15. --SOIL AND WATER FEATURES [The definitions of "flooding" and "water table" in the Glossary explain terms such as "rare," "brief," "apparent," and "perched." The symbol < means less than; > means more than. Absence of an entry indicates that the feature is not a concern] Flooding , High water table ; Bedrock ' Soil name and ;Hydro-: ; 1 1 , ' , Risk of corrosion map symbol { logic; i q Frequency 1 Duration ,Months , Depth ; 1 1 Potential ; 1 ;group , Months , Depth 1 Hardness { frost ;Uncoated ;Concrete ; ' : ; action : steel ; , 1 ' ' ' F_L1 In 1 1 ' '1 ' 1 11 { { , 1 ; C ,None ' 1 i 1 1 ' 1 ; Almy Variant ; 1 , >6.0 1 >60 { ;Low ;Hi h ' 1 1 ; ; { g ,Low. 1 1 , 1 1 t 1 1 I 2*: 1 : 1 1 1 1 1 1 1 1 { Arle ; C ;None : ; ; >6.0 ; ;Rippable ;Low 1 { , 1 20 -UO ;Moderate :Low. Ansari ; D ;None ; >6 U 11 ;Hard 1 ' righ 1 10-20 Low ;Low. Rock outcrop. { ; , ; 1 { ; ' 1 1 , 1;3, 4 ; D ;None ' 1 ; : Arvada ; ; , >6'0- ; >60 Cerate---1Moderate ;High ;Moderate. I I 1 1 1 1 1'5, 6B ;None- i; >6.0 i - 1>60 ' Ascalon { 1 ILow. , 1 1 1 1 1 1 7*: 1 1 1 1 1 1 1 1 1 1 1 1 ,1 1 1 i Ascalon : B :None : ; ; >6.0 , 1 ' { 1 1 >60 , :Moderate ---;Moderate ;Low. 1 Pena ; B :None : ; ; >6-.0 ; ' 1 1 1 1 1 >60 ,Moderate ---;High ;Low. 1 1 1 1 8*: 1 1 1 4 1 1 1 1 { Atencjo i 0 None{ : : 1 >6.0 --- 1 >60 : : Ow ,High ,Low. Azeltine ; B 'None ; : : >6.0 ; 1 >60i 9* i 1 1 , Low ,High ,Low. 1 1 1 1 I Badland ; ; 1 I '1 , 1 1 1 10, 11 ! B {None ; i 1 >6.0 ; --- : >60 --- t Begay 1 I Cderate IHi h gILow. 1 1 1 ' 1 11112*: ' 1 1''1 , 111iBUCkion : D ;None i ;: >6.0 : -- i t 1 10-20 ,Rippable ---IHigh ;Low. InchaU ; C ;None ; ___ : >6.0 ; 1 1 1 ; 20-40 {Rippable ,Moderate---,High1 ;Low. 13, 14, 15 { B ;None I --- ; : >6.0 1 ; >60 ' i i Chilton , , 1 ILow M ;Moderate ,Low. 1 ' 1 1 1 : ' 1 I 1 1 - , ; 1 1 1 1 1 1 1 1 161 C ;None i : ' >6.0 1 i ; Cimarron ; ; ; ; >60 1 ,Moderate ---;High :Low. 1 1 1 1 1 1 1 1 1 ; 1 1 1 17 ; C :None I --- ; ; >6.0 ' --- 1 :. ; Cochetopa ; ; 1 , ; >60 Moderate ---;High ;Low. 1 1 1 1 19*: 1 1 1 ;1 1 1 1 I 1 ; 1 , , I 1 I 18*, Cochetopa ; C ;None 1 ; , >6.0 4 1 >60 : ;Moderate ---;High ;Low. I 1 1 Jerry i C ;None : --- ; ; >6.0 ; : >60 1 ,Moderate ---,High 1Lou. 1 1 i 1 1 I 1 1 I See footnote at end of table. oavuo-1o0 'dad E-»ia THOMAS W. STUVER RUSSELL GEORGE MELODY D. MASSIH STUVER & GEORGE, P.C. ATTORNEYS AT LAW 120 WEST THIRD STREET P. O. BOX 907 RIFLE, COLORADO 81650 July 30, 1996 Rifle Fire Protection District Attention: Mike Morgan P.O. Box 1133 Rifle, Colorado 81650 TELEPHONE 970 - 625-1887 FAX 970 - 625-4448 Re: Approval of Fire Protection Plan for Powers/Baty Property Dear Mike: This letter is to follow up our conversation of this morning when I requested a letter of approval of a fire protection plan from the Rifle Fire Protection District. Enclosed for your review is a copy of a proposed Petition for Exemption, with accompanying sketch map and vicinity map. Please note that in this petition we have described the proposed uses for the property. A legal description for the subject property is as follows: All that part of the N1/2NW1/4 of Section 21, Township 6 South Range 93 West of the 6th P.M. Lying South of County Road No. 320. Would you please provide your written statement concerning availability of fire protection services and any safety concerns to the undersigned and to the Garfield County Planning Department at your earliest convenience. Please contact me if you need any additional information from us regarding this request. Thank you for your time and cooperation. Very truly yours, STUVER & GEORGE, P.C. Melody D. Massih MDM:km EMIT tc PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged J. P. Powers & Co., a partnership, whose mailing address is P.O.B. 726 Rifle, Colorado 81650 "Grantor", hereby grants unto SNYDER OIL CORPORATION of 1625 Broadway, Suite 2200, Denver, Colorado 80202, "Grantee", its successors and assigns, a non-exclusive easement, right-of-way and the right -to - lay, maintain, inspect, replace, erect, operate, and remove one pipeline and such drips, valves, fittings, meters, and other equipment or appurtenances as may be necessary for the operation, 8 over, through, upon, under, and across the following described lands located in Garfield County, State of Colorado, to wit: TOWNSHIP 6 SOUTH, RANGE 93 WEST, 6TH. P.M. PF 21- (r f Section 21: A tract of land more fully described in Easement N 8 Contract (Option), dated January 26, 1993 between Grantor and oc Rocky Mountain Natural Gas Company, a Colorado Corporation, recorded in Book 854 at Pages 116-120 of the records of Garfield County, Colorado. from existing roads with ingress and egress to and from same. a IT IS MUTUALLY UNDERSTOOD AND AGREED BETWEEN THE PARTIES AS FOLLOWS: rn 1. In addition to the consideration hereinabove stated, Grantee N c agrees to pay Grantor Ten Dollars ($10.00) and other good c�. and valuable consideration as damages to the growing foliage for the initial installation of said pipeline. Damages v caused by future excavations or operations shall be settled Q by mutual consent. a 2. Immediately after installation of the pipeline, Grantee o agrees to restore the ground by adequately tamping and (71'1 packing to a condition, as nearly as possible, as it existed prior to the installation of the pipeline. Grantee will maintain any erosion problems that arise due to construction m Q of the pipeline. N � 1 co - 3. Grantee agrees that any pipeline installed shall be at a minimum depth of 48 inches below the surface of the ground. The right-of-way granted shall be fifteen (15) feet on either side of the center line , except that during the initial installation of the pipeline, Grantor, for the consideration stated above, hereby grants unto Grantee the right to access the right-of-way twenty-five (25) feet on either side of the centerline as it runs through the above referenced lands. The additional right-of-way and right of access shall in no case endure for a period in excess of one hundred eighty (180) days from the date hereof or the completion of initial installation, which ever period is the shorter. 4. All equipment or appurtenances to the pipeline which shall be on or above the surface of the ground shall be installed in a manner to protect the Grantor's livestock when necessary. 5. Grantee agrees that during construction of said pipeline. livestock crossings will be provided where necessary. Further, all fences that must be severed or removed for installation and maintenance will be reinforced prior to severing adjacent to where the cut is made to prevent damage to the fenceline. Temporary gates to preclude the escape of /Z„UNC Grantor's livestock shall be installed where necessary. All fences that are cut or removed shall be restored in as good P,1y - a condition as existed prior to installation of the �f pipeline. EXHIBIT Return to: SNYDER Oath OASO South TION 400 Suite 1200 Rifl©, Colorado 81650 �J I Pipeline Right -of -Way Grant Page 2 0 N P-888 08/22/95 04:06P 6. Upon request by Grantor, the right-of-way easement herein granted shall terminate and all rights thereunder revert to Grantor when the pipeline located therein has not been used by Grantee for a period of one (1) year, except when non-use is caused the exercise of governmental authority, war, lack of market, act of God, strike, fire, explosion, flood, or any other cause reasonably beyond the control of the Grantee. 7. Grantee shall pay all incidental expenses incurred in recording and surveying said easement. 8. Grantor will not hold Grantee liable for damages incurred by Grantor as a result of Grantor's activities on the easement not compatible with the purposes contemplated herein. 9. Grantee will indemnify and hold harmless Grantor from any legal actions as a consequence of Grantee's activities. 10. The rights granted herein may be assigned in whole or in part. 11. This agreement shall be binding upon heirs, successors, and assigns of Grantee and Grantor and shall be a covenant running with this land. 12. Grantee agrees to locate its pipeline entirely within the Easement of Rocky Mountain Natural Gas Company's existing Right of Way, more particularly described in in Easement Contract (Option), dated January 26, 1993 between Grantor and Rocky Mountain Natural Gas Company, a Colorado Corporation, recorded in Book 854 at Pages 116-120 of the records of Garfield County, Colorado. 13. Grantee agrees to contact and abide by any Public Service Company (PSCO) construction restrictions addressing pipeline separations, crossings, equipment working over the joint RMNG - PSCO pipeline, reclamation and cathodic issues. 14. Grantee agrees to pile and remove all debris between County Road #320 to the south and the ditch to the north. It is understood and agreed by the Grantee that specifically all metal debris that may be a hazard to livestock will be removed. THIS GRANT IS SUBJECT TO A SUPPLEMENTAL AGREEMENT OF EVEN DATE BETWEEN GRANTOR AND GRANTEE. IN WITNESS WHEREOF, Grritor has executed this agreement this day of ocher , 1994. GRANTOR J.P. Power & C.., a Partnership BY: Ao/ TITL : General Partner Tax I.D. #: 84-0635870 STATE OF COLORADO ss. COUNTY OF Garfield The foregoing instrument was day of L1 c fa Partner of J.P. Powers & Co. WITNESS my hand and official My Commission Expires: -, o- / residing at: y3S- d/So3 Return to: SNYDER OIL CORPORATION 400 7th St. South Suite 1200 Rifle, Colorado 81650 .7441 acknowledged before me this r- , 1994, by John P. Powers, General a Partnership. seal. // - 1 Notary Public r RECORDED 3:22. I]"CLUCK P.M. R'C 1 jIH SEP 0 9 1s M[LOREC ALSJORF, GHRF IEL� CS�f:'i'r` LcFK Itrv, 5.1:1. No. 2 ()IL ANI) GAS LEASE AGREEMENT. Made and entered into, lbe _18th J.P. Powers & Co., a Partnership '10—a Eebr_uary 800X0915rec;369 Ips , be and between 551,03.' pn,l nNlei address Is - _p a 0 L_Box_Z26.,_R1 f.) e ,--Co l orado. 81650_. hrrirlaurr caned Lesan a, helper one or mime) and Snyder Oil Corporation vI('1.'atnrf;rraddre.,s 1625 Broadway. Suite 2200 hereinafter called Less,r, Wn'NESsETIL That the Leeanr. for and .' i, mierauun of Denver, CO 80202 *Ten and More* DI,LLAI(S , ash In hand nail. the receipt of which is herebyark...W(rdgrtl, and the covenants and .tcrce,menls herrota1ler c ,ntained, has granted. dn,is-.I. leased :mil lel. :col by these presents dors ti lt, demise, lease and . Irl rlusivrly :into Ihr said Least,. the land hereinafter dear,iheel. wolh Ihr arch, {sae right for 111111001111W of o'ine. exploring by geophysical and nth, tithmethods, 31111 operating for and pfodur;ng Ihrrrfrnm oil and all Cas ul 551,31 s11•,er nature or Mind. will, rights 0( way and easements nts for laying pipe Hoes, and erection of structures thereon to produce, save and take carr ed said products, all that certain tract of loll situated in the (,,only nr_Garfield sti,b• tie Colorado . desrtbed as follows, l., -wit: Township 6 South, Range 93 West, 6th P.M. Section 16: Lot 5 lying south of Interstate Highway 70 Section 21: N;NW; See EXHIBIT 11A" attached hereto and made a part hereof. together will, any reversionary rights therein. and together with ail strips. nr parcels of land, (not. however, In be construed In include parcels comprising a regular 40.acre legal subdivision or Int 0) approximately corresponding size) *joining or contiguous to the at,nve deecnhed 1,1111) and ownnl or claimed by lessor, and cont ining 96. 11 acres more or less. Two (2) 1. It is agreed that this Irasa• shall remain In forge for a term or i( -X y ars from this date and as lona Ihrrral ler 33 011 or gas of w-halsoeser nature or kind is produced front said I0a,11 premiss ,, age pooled therewith, or drilling operation . s a continued as hereinafter provided. II, at the xpis bon of the primary term of (his Irasr, 0.1 .0 gas is t of being prud,mc,l r n the leased premises ., , , •age pooled therewith but e Less s the e , r,l i Minim!Minim!irking nperal' thereon.then this b 1, ase .111 cont .nr m ,. in torr.' s long as operations are being rnnl;nu• nlyprosecuted . , the leased e , a or cage pooled Ihrrr,, Ih: and ions(,,,n shall her room -feted 1u bei collet mmo ltals prosecuted if not more than ninety (!,O) dnvs shall elapse belwren lhr a npieliun or aha tidluninr,t of iine veli and the beginning 01 operations for the drilling of a subsequent well. If after discovery of 013 or gas fin said land or , e ponied therewith, the produetinn thereof should 01.05! (ran any cause after the primary Iran• this base shall not terminate if Lesser nonmenersadditinnaldrillinr. or re irking operations e,Rhin n tel* (901 Java from .tale of r 111,1011.cti011 r from dale 111 a ,nplrlmn of ,Ira• hole. 11 nil nr gas shall lie discovered and produced a so cult of s ,ch open limos at or �fte•r the expiration 111 the primary term of lila leas.'. this lease shall rmtttnur tri lot, so Iona as.,,) or gas in produced from the leased ort m •age pooled therewith. net. This a PA) I) -UP LEASE. Inr sid,ratim, •m) the down rash payment, Lessor agrees that Lesser shall not he obligated. etarnt , other• wise provided herein, to r continue a operations throng the oriel, are loon. Lessee n ata v tin,.' or times during n alter the pri- ory lrr,n surrender this lease astoallt v portion of said land all as to any strata or sera by delivering to Lessor ser by filing tor record a release or releases, and he relieved of all obligation thereat ter accruing as In the acreage surrendered. 1 c „ 3. In consideration of the premises the said ,,,r.' oarants and agrees: 1st. To deliver to the credit o1 Lessor, free of cost, in the pipe line to which Lessee ma, connect wells on said land. the equal one-eighth (1 /8) part of all oil prodoced and s ved f lhr teased tortoises. 2nd. Tn pair Lessor •-right), (1 /8) nl Mr gross proceeds each v r. payable quarterly. for the gas Iron, each well where gas only is /ound, while the sante is being used off the premises, and ;I used in the manifac lure of gasoline a royalty 111 one-eighth (1 8). payable monthly at the prevailing market rale fur gas. Jrd. To pay Lessor ),,r gas produced from any oil ,well all used of the per' t. n• i , (1,r manulartuof easolinr or any other product royalty 11f . i t s),1), (I /O) the mi. -reds. al then oil of the well, payable.mthlyat the prevailing market rate. 4.ta Where e:from a well capable of producing eras is not sold u , used. Lrssr, mIncr por tender as rally to the royally owners One mo Dollar per year per t royalty a.' uer retained hereunder, such pas aunt .,rr , fender to be made + r before Inc anniversary y dale n( this lease nest ensuing after the rspirat.ion of 90days from lhr dale such well is shut in and Ihrreallrron or boor.' the anm,rsar, date of this lease during the period such well is slot in. It molt payment or tender i adit will he considered that gas s being produced w,eh,n then ng of this Irate. u 5. If said Le ` a less interest in the above deo, n-r,bed land than the entire and undivided fee simple estate therein. then the royalties (including any shutongasroyally) herein provided for shall he paid the Lessor only in the proportion ,which Lessor's interest bears to the whole and undivided fee. 6. Lessee shall have the right 3,,.,c, free of cosi- gas, oil and water produced on said land fur Lessee's operation thereon, except water from the wells 0f Lessor. 7. When requested by Lessor, Lessee shall burn Lessee's ripe hoe below phew depth. 8. No well shall be driller) nearer than 200 (ort lit thr house or barn now n said premises without o written consent of Lessor. e 9. Lessee shall pay for damages caused by Lessee's npra(0,l% lit growtng crops on aid land. 10. Lessee shall have the right atany lip, to ,remove all machinery and fixtures placed on sand premises, including the right to draw and remove casing. It 1. The rights of Lesser and Lessee hereunder may he assigned in whole or part. No change in ownership of Lessor's interest (by assignment or otherwise) shall be binding on Lessee until Lessee has hien furnished ,with notice. consoling of certified copies of all recorded instruments or documents and other inloonabon necessary to establish n complete chain of record title from Lessor, and then only with respect to p•ymrnt, thereafter made. Nn other kind tit notice. whether actual o constructive, shall be binding on Lessee. No present or future division of Lessor's ownership as to different portions ser parcels o1 said land shalloperateto enlarge the .•bli gahon, or diminish the Haiti, of Lessee. and all Lessee's oneratinns may be conducted without regard to any such ,(anion, 11 all or any part of this (rase is assigned. no Irsehold owner shall be liable for arty act or Lesser,omission of a other leasehold owner. 12.at its option, is hereby given the right and power ata v time and , limn to time as a recurring right, either before or •/tee production. as to all or any part of the land described herein and as In any rote or more of the formations he*d ,,,,rr, to 130010r unitive thelease• hold estate and the mineral estate covered 0v this (case with tithe land, lease or leases in the immediate vicinity for the production of oil and t,3, or separately for the production of either, when in Lessee's tudgnlc nt it isrr advisable to do so. and ;,,,,peri,,.' of whether authnrdv similar to this exists with respect In such other land, tease or leases. Likewise, unto previously formed to include formations not producing oil or gas. may be reformed to exc)mde such mon-producing formations. The forming or reforming of amv unit shall he arum plish.'d be Lessee nseeuting and filing of record a declaration 111 such unillra, tricot.. ' which dcrl:trn ' shall dr1emi,.' the 0,.). Any unit ,,,a, Include land upon which a well las theretofore been completed ..r uponwhich upcmlions for drilling have theretofore been nred. rrndurlon, drilling or le• working operalIuos or a well shut in for want of a market anywhere on a unit wloich inclmdr all ora part of this lease shall be treated as if it were production. drilling or reworking operations sera well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein speed• Ned, including sliuton gas royalties. Lessor shall receive on lrurlimrlinn f he unit so gaoled royalties only mn Ihr portion 0f such production allocated lo this lease: such allocation shall be that proportion of Mr unit production that Ihr total number of surface aerr covered by this (rase and included in the unit bean In the total number of surface acres to sorb unit. In addition In the lurrgning. Lessee shall have the right to unitize, pool, or egmhlne all or any part of the above described lands .13 to one or of the formations thereunder with other lands in the same general arra 05 entering into a cooperative or moil plan of development or nperalinn approved by a v gosernnrn dal author,Iy and, from lime 10 time, with like approval. to nonrlil y, change or terminate a such plan o agreement and, in such es r,,(, the terms. conditions and protstons of this lease shall be deemed modified to conform to the terms. s conditions! and pr.wisiuns of such approvrd cooperative or unit plan of dnelopment or operation and, partirularly, all drilling and development requirearms 111 this lease, express or implied, shall be satisfied by compliance with the drilling and development requirements of such pian or agreement. and I bs bane shall not terminate 01 r1pir.' during the Idle of such plan or • merit. In the event that said above described lands or anv part the..'ol. shall herralle•r be operated under anv such cooperative or unit plan of develnnmrnt or operation „bre.'bv the production therrfru rn is attics reel to Aiflrrrnt portions of lha• land <e.sred M1y said plan, than the produc- tion allocated 111 any particular tract of land shall. for the purpose of computing the rot attics to h.' paid hereunder to Lessor. be regarded as basing been produced Iran Ihr particular (raft of land to which it i.s allocated and s .' ol to a c.a.,c.a.,tract of )and and the royalty pay nls to be made hereunder to Lessor shall be has.'. upon production only a .,flora ti-dt. Lessor shallfornmal's• express Lessor's consent to any cooperative or unit plan or rtrvrlop,trnl a oprta limn singled bo loess•.' aorl approved Iry ae v envrrn me nlal arrnry to ex ruling the same mann request of Lessee. la. All express or implied cants of this leas: 311311 he srhlrct to all Federal ando,Stale haws, E scrub, Orders. Il hies or Regulations. and this lease shall not br lrnnnated, in whole or in part, nor Lesare held liable in damages. Inr failure to comply therewith, ,f compliance Is prevented by, to If seeh failure is the result nl. any such Law, Order. Rule .011..0.1:00.0. I 4. Le•xo hereby w nls and agrees to defend the l illi to the loots herein describer. and agrees )hal ,)w Less, shall have the right •1 any time la relearn, for I.rssor,),y payment, anvm no r lgaers. lasso other liens on the Moor ttrarrthrd lamb, on the merit •nt 111 default of payment by Lessor and be obrae:1(1M tit 1),r rirhts u1 theholder thereof, and the undersr,rd Lessors, for I),emsrlree and their heirs, s,trrsao ra and assigns, here•),y surrender :mil release all right ul dower sol ),on crie/,l in the lois • •s dram tletl herein. Insofar as said right 111 dower and homestead mat/ in any ,ray snarl the purposes Int which this lease Is made. as teeth•' hereon. 15. Should any one or morn of the parbrs hereinabove namrd as 1,1,0111 bail 10 0•11•1•1111. 1111, Irate. it shall nevertheless be binding upon all melt parties who db..'areal.' it as Lessor. -1)oe• w rd •'1.0sur," as used in this Raw. shall 011,11311V • or ruin t roll of the patties who eat/rule this Iran, as Lessor. All the nravl)i..na of 11,1s Iran' ,hall he htneltng ' n the Imo,. successors and as.igna of Lessor and 1.. ser. IN WITNESS WllEItEOE. this enalonnrnt s x, ruled :is of the dale first above wr, tle•u. J.P. Powers:& Co. BY: John P. Powers, Managing General Partner Tax I.D1J1_84_0635870_ STATE OF COLORADO COUNTY OF GARFIELD ss. Bnox0015"C1370 Oklahoma, Kansas, New Mexico, 11\oming, Montana. Colorado. Utah. Nebraska. North Dakhla. South Dakota AC K NOW I . EDC HENT—IN D IV l l)I'.N I. BIiPORE Alli, the undersigned. a Notary Public. in and for said County and State. on this 18th day or February_ I9 94 personally :Ippeared John P. Powers, a_Genera1 Partner Q_ J.P Po1vo_-5 &moo.. a Partnership and to me known to be the identical person described in and who executed the within and foregoing instrument of writing and acknowledged to me tlrat_IIP July executed the same as h1 S free and voluntary act and decd for the uses and purposes therein set forth. IN WITNESS WHEREOF. 1 have hereunto set my hand and affixed my nt aria - d the tja,s Q My Commission Fxpires_IG —7_ — w— / / ..• T�.� :yr chose written. Address: "-' : , CrQSt u tc l��eti 4 9 Notary Public. STATE OF }.} STA) L;I__ (`�;�') ni:,o0 COUNTY OF 1 xi. Oklahoma, Kancac, Nrw- \lrskn. 11s0n1ng. \hmlanu. Colorado. tlah, N'ebracka, North Dakota, Steth Dakota ACKNON'I. EDGME\T-1N 1)1'. 11ll'.tl. BEFORE ME. the undersigned. a Notary Public. in and for said County and State. on this day of 19 personally appeared \ and to me known to he the identical perstnt dyscrihcd in and who executed the within and foregoing instrument of writing and acknowledged to me that duly executed the same as free ' and voluntary act and decd for the uses and purposes therein set forth. IN WITNESS WHEREOF. 1 liave hereunto set my hand and affixed my notarial seal the d.uv and year last above written. My Commission Expires Address: Notary Public. STATE OF)l ACKNOR I.F:DGMF.NT (Fnr use by Corporation) COUNTY OF 1 iS. A D. 19_ before me personally On this day of appeared to me personally known. who. being by me duly sworn. did say that he is the of and that the seal affixed to said instrument is the corporate seal of said corporation and That said instrument was signed and sealed in behalf of said corporation by authority nl its Board of Directors. and said acknowledged said instrument to h• free act and decd of said corporation. Witness my hand and seal this div of A.D. 19_ (SEAL) My Commission expires 0 a u. 0 1— a O Address• Notary Public. This instrument was filed for record on the a 0 of the records of this office. m When recorded return to EXHIBIT "A" rox0915;' cr3 r1 EXHIBIT "A" attached to and made a part of that certain Oil and Gas Lease dated February 18th, 1994 by and between J.P. Powers k Co. as LESSOR and Snyder Oil Corporation as LESSEE. The terms of this rider shall supersede any terms contained in the attached Lease less restrictive or inconsistent herewith. 1) Notwithstanding to the contrary contained in paragraph 4 of said lease, in the event a gas well is shut-in for any reason, Lessee agrees to pay Lessor the amount of $10.00 per acre, per year as shut-in royalty payment until ten years beyond the primary term, when the lease shall be terminated. 2) Lessor, or current surface owner, is entitled to take gas free of cost for use on the premises for a private single dwelling for non-commercial purposes. Lessor, or current surface owner, at his sole risk, responsibility, and liability may lay pipe lines and what fixtures are necessary to provide gas to said dwelling. 3) The use of water is limited to use for drilling operations only. 4) No well drilled on the lease shall be used for disposal of any kind of material. 5) It is specifically understood that no exploration, drilling, nor mining of oil and gas, or other minerals, or any surface operations whatsoever of any kind shall be conducted upon the surface of the above described land. however, there may be directional drilling from adjacent land to extract the oil, gas and/or minerals from under the above described land. Lessee's right to pool, combine, or unitize is not changed or diminished in any manner. Signed for Identification: J.P. Powers & Co. BY: - John P. Powers, Managing General Partner RECOROEO AL/0/-7 REC * 443919 0 -CLOCK t�.M. FEB 0 5 1993 eoox 854,:c;116 MILDRED ALSDORF, COUNTY CLERKi EASEMENT CONTRACT (OPTION) STATE OF COLORADO COUNTY OF GARFIELD ) SS. KNOW ALL MEN BY THESE PRESENTS: FOR AND IN CONSIDERATION OF THE SUM OF TWO HUNDRED FIFTY AND NO/100 DOLLARS ($250.00), the receipt of which is hereby acknowledged, and the further consideration of sixteen and no/100 ($16.00) dollars per lineal rod (the term "rod - 16.5 feet) to be paid as hereinafter provided, the undersigned, herein called Grantor (whether one or more), hereby grants, bargains, sells, conveys, and warrants to Rocky Mountain Natural Gas Company, a Colorado corporation, its successors and assigns, herein called Grantee, the right, privilege and easement for the purpose from time to time of constructing, reconstructing, installing, replacing, protecting, altering, operating, inspecting, maintaining, repairing, removing, changing the size of, relaying, and abandoning in place pipelines and telecommunication conduit along a route or routes selected by Grantee, for the transportation, transmission and distribution of telecommunications, yas, nom ram at, .j or arLifiLial, or wi,,Ld natural and artificial, and any combination and mixture of any of the foregoing, together with such valves, fittings, structures, drips, regulators, mains, service connections, meters, route markers, taps and other equipment and appurtenances thereto as may be necessary or convenient for such purposes, in, on, over, under, across and through the following described land located in Garfield County, State of Colorado, to -wit: 35.00' PERMANENT EASEMENT DESCRIPTION A 35.00 FOOT WIDE STRIP OF LAND SITUATED IN THE N1/2NW1/4 OF SECTION 21, TOWNSIHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID EASEMENT BEING 17.50 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE N1/16 CORNER OF SECTION 20 AND 21, A 21/2" ALUMINUM CAP L.S. #2149 IN PLACE; THENCE S 89°54'22" E ALONG THE SOUTHERLY LINE OF SAID N1/2NW1/4 (BASIS OF BEARING) 574.10 FEET TO A POINT ON SAID CENTERLINE, THE TRUE POINT OF BEGINNING; THENCE LEAVING 1 VOMIT � C, ?ocix 854,:r117 SAID SOUTHERLY LINE N 75°27'39" E ALONG SAID CENTERLINE 471.94 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 64°16'25" E 417.0] FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 63°56'26" E 1120.18 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 42°27'18" E 94.52 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 83°18'36" E 181.78 FEET TO A POINT ON THE EASTERLY LINE OF SAID N1/2NW1/4, THE TERMINUS (WHENCE THE N -C 1/16 OF SAID SECTION 21 BEARS S 00°38'10" W 746.49 FEET); SAID EASEMENT CONTAINING 1.836 ACRES, MORE OR LESS. AND 50.00' TEMPORARY EASEMENT DESCRIPTION A 50.00 FOOT WIDE STRIP OF LAND SITUATED IN THE N1/2NW1/4 OF SECTION 21, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID EASEMENT BEING 17.50 FEET NORTHERLY OF AND 32.50 FEET SOUTHERLY OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE N1/16 CORNER OF SECTION 20 AND 21, A 21/2" ALUMINUM CAP L.S. #2149 IN PLACE; THENCE S 89°54'22" E ALONG THE SOUTHERLY LINE OF SAID N1/2NW1/4 (BASIS OF BEARING) 574.10 FEET TO A POINT i"- SAID CENTERLINE, THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE N 75°27'39" E ALONG SAID CENTERLINE 471.94 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 64°16'25" E 417.03 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 63°56'26" E 1120.18 FEET TO THE TERMINUS (WHENCE THE N -C 1/16 OF SAID SECTION 21 BEARS S 16°32'14" E 829.31 FEET); SAID EASEMENT CONTAINING 2.271 ACRES, MORE OR LESS. AND 50.00' TEMPORARY EASEMENT DESCRIPTION A 50.00 FOOT WIDE STRIP OF LAND SITUATED IN THE N1/2NW1/4 OF SECTION 21, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID EASEMENT BEING 25.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE N1/16 CORNER OF SECTION 20 AND 21, A 21/2" ALUMINUM CAP L.S. #2149 IN PLACE; THENCE S 89°54'22" E ALONG THE SOUTHERLY LINE OF SAID N1/2NW1/4 2 eaax 851; tGi 118 (BASIS OF BEARING) 574.10 FEET; THENCE LEAVING SAID SOUTHERLY LINE N 75°27'39" E 471.94 FEET; THENCE N 64°16'25" E 417.03 FEET; THENCE N 63°56'26" E 1120.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 42°27'18" E ALONG SAID CENTERLINE 94.52 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 83°18'36" E 181.78 FEET TO A POINT ON THE EASTERLY LINE OF SAID N1/2NW1/4, THE TERMINUS (WHENCE THE N -C 1/16 OF SAID SECTION 21 BEARS S 00°38'10" W 746.49 FEET); SAID EASEMENT CONTAINING 0.312 ACRES, MORE OR LESS. together with the right of ingress and egress to and from the same over and across the adjoining lands of Grantor for any and all purposes reasonably necessary and incident to the exercise by Grantee of the rights granted hereunder. This option shall extend for a period of thirty-six (36) months from the date hereof, during which time Grantee may enter upon the premises for the purpose of making surveys or performing acts incidental thereto. Grantee may exercise this option at any time during said period by paying to Grantor, prior to construction, the aforesaid sum per lineal rod for the full length of the pipeline to be initially constructed on said land. Upon such payment, this option shall become an indefeasible easement. If Grantee fails to make said payment within thirty-six (36) months from the date hereof, all rights, terms, and conditions of this contract shall cease and terminate. TO HAVE AND TO HOLD said rights, privileges and easements unto said Grantee, its successors and assigns, until this easement or any one or more of said rights or privileges granted herein are used or exercised, and for so long thereafter as any one or more of said rights of privileges are exercised, or any structure or facility installed hereunder is used or remains thereon. The terms and conditions of this Easement are as follows: 1. Upon completion of construction Grantee shall fully restore the surface of said land so that there shall not be any permanent mounds, ridges, sinks, or trenches along said easement, to the extent that it may reasonably be done. 2. Grantee shall fully restore all private roads, drainage and irrigation ditches, levees and canals disturbed by Grantee's exercise of its rights hereunder to their condition immediately prior to Grantee's exercise of said rights. 3 BOOK 854nil; 11 J 3. Grantee shall have the right to install temporary or permanent gates in fences crossing the easement and shall fully repair any and all damage done to any fences of Grantor cut or otherwise damaged in exercising any of the rights granted hereby. 4. Grantee shall bury any pipeline constructed under this grant across lands under cultivation to such a depth as will not interfere with ordinary cultivation at the time of construction. 5. Grantee shall pay for any and all damage to growing crops, fences, trees, livestock, irrigation installations, and other improvements on said land which may arise from the exercise of the rights herein granted. 6. It is hereby reserved unto the Grantor the right to use said land in any manner that will not prevent or interfere with the exercise by Grantee of its rights hereunder, provided, however, that Grantor shall not construct nor permit to be constructed, any house, building, or other improvements or obstructions within the easement area, without the express prior written consent of the Grantee. 7. Grantee shall have the right from time to time to cut all trees, undergrowth and other obstructions that, in its judgment, may injure, endanger or interfere with the exercise by Grantee of the rights, privileges and easement herein granted. 8. No above -ground appurtenances will be installed on this easement except for line markers, cathodic test, stations, gas service equipment or any other facility which may be required as a result of future changes to federal and/or state pipeline safety regulations. 9. Grantee agrees to give the same consideration to Grantor, as a producer, that it would give to any producer who petitions Grantee to transport its natural gas on an open access basis subject to applicable tariff provisions as amended from time to time. 10. The rights herein granted may be assigned in whole or in part and the terms, conditions, and provisions hereof shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns, of the parties hereto. 11. Grantors shall obtain subordination of any deed or deeds of trust existing on said property at Grantor's expense. 4 vox 854;.8;120 It is mutually agreed and understood that this Easement Contract (Option), as written, covers all the agreements and stipulations between the said parties, and no representations or statements, oral or written, have been made modifying, adding to, or changing the terms hereof. Executed this 2 -4/ day of i;c u27 , 19 i3. Witness: BY: J. P. Powers & Co., a Partnership RA.,21.1,1 TITLE: %`LY' fm -t NAME: TAX I.D. #: - 0035276 BOOK 854 Jul121 CONSENT AND AGREEMENT OF TENANT In consideration of $1.00 in hand paid, the undersigned tenant in possession of the real estate described in the foregoing Easement Contract (Option) consents to and joins in same, to the extent of (his) (her) (their) interest in the real estate described therein. (2,7),-,v,/,,e,,,,,14 : fl Dated this c- \ / day of 2(% ), /l;,e-; / , 19 /- Signature: Name: SSN: Witness: STATE OF Signature: Name: SSN: COUNTY OF �I k t- n On this c�� - da of iZ4V-ttL L % 19'7 , before me pers rially appeared? p,./c.and �f f ['� Yi (L - , his wife (who declared self to be single and unmarried), to me known to be the person(s) described in, and who executed the foregoing instrument, and acknowledged that (he) (she) (they) executed the same as (his) (her) (their) free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said county and state the day and year above written. My.•commission expires: Name: i� L� ? L e: 't (Notary Public) 6 Boox 854122 STATE OF 6`0fIrt('n COUNTY OF (tz<t'fieic/ )SS. On this day1 of J�inwary 1993, before me persona} ly appeared John as kenef iivr of J. P. Powers Co., a partnership, to me nownrnt to be the person described in, and who executed the foregoing instrument, and acknowledged that (he) (she) executed the same as (his) (her) free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said county and state the day and year above written. 01.11y 'cdmmission expires: %. Name: o c (Notary Public) 7 ttf Colorado. hereRt called first f11 Colorado Corporation of the h galled second party: ty tttt> F W1TNCSS TH, thit of Ninety and 140/1 00 paid by the said 'second pet`(, have granted. bargainiM, ht11� ell. Convey And cdttflttll unt6 n consideration of the sum the said first parties in hand int hereby confessed and acknowledge,/ Iihese presents do grant. berg/ lti successors and assigniforever set oil.. `.side of the center line ent•the area necessary to locate anchors 5itti guys as i1hbiitt on the attached Exhiiiit A. situate In to -wits Thi North tilit one (21). Triehtithip eix l Principal Meridian.' and th* *lite Colore8o described as follows. . eft' • NW.1/4j of Section Twenty - Witt (R93W) of the Sixth includingthe right cif) ,i grail � Of conetructinp,,reconsttlicting* tape .3 dascribed lands and/or irtor i(1 h eleo ttansmisiloll• ntrolling the growth by cheiiii located within the boundariet'b endanger the operation atwl'ia syr-, pilid tract of land for the purpose /end thaintalning on the above d r highways abutting sand lands. tit b ►et6tn; cutting. trimming and M * R)y tit otherwise of trees and shrubbery nay interfere with or threaten to. item (including any control of 0 dild 4* j70 r;IIII•iptte• is, M. e. Pagan Recorder • , 4 • 69 Rifle Aa • *ice 21. 1'6.R3W THIS EASEMENT d Pe e thi• da 01-4. 19 • beposim Donald Raiiittath Dexter d jdoltn "-----, . , of the &runty bf k.' it* lb* Elt4ttiof Colorado, herein called first parties and Celorado-Ute Electric Aellocietion. inc. g a Colorado Corporation of the CCUnty of Montrose, and the State of Chairitado,*arein called second party: WITNESSETH, that the mild fink itod in consideration of the sum of Ninety and No/100 - - Paid by the said second party. the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold, and bciersyed and by these presents do grant, bargaiii, sell. convey and confirm unto the said setiond party its successors and assignforever et perpetual easement 50 feet o eaheide of the center line and the area necessary to locate anchors and guys as shOwn on the attached Exhibit A. situate in -, the County of Gaith" 0 and the 8We of Colorado described as follows. to -wit: The North Half of the Northwest Quarter (N ,I/2 NW4/4) of Section Twenty- one (21). Township Six South, (68). Root ginatir-thris Won (R93W) of the Sixth Principal Meridian including the right of 4 grass and egrells'10 nd frmSaid tract of land for the purpose of constructing, reconstructine. roPai*re OpOttt an and maintaining on the above • described Lands and/or in or oPpil ell IOU roads or highways abutting said lands. an electric transmission and/or clistrihtnion line or system; cutting. trirnminq and ctintrolling the growth by chemioal law*Jnaphillary or otherwise of trees and shrubbery located within the boundaries of Amid easi)(nent,-;or--ttuct may interfere with or f hreaton to endanger the operation and maieteneriel or system (including any control of ^ 4:4 of other rig cidentally and necessarily '1 • Book 355 Page 571 otherwise agree to the joint Use be occupancy of the tine or system by any other person, association or commotion for electrification or telephone purposes. To have and to hold the said easement above bargained and described, unto the second Party, its successors and assignorevei. The first parties covenant that they ate the owners of the above-described lands and that the said lands ate free and clear of encumbrances and liens of whatsoever character except those held by the following persOhit The first parties agree that all poles, wire and other facilities installed on the above-described easement at the second party 'ii expense, shall remain thi, property of the second party. removable at the option of the' second party. IN WITNESS WHEREOF% the first parties have hereunto set their hand and seal the day and year first above written. raf STATE OF COLORADO ) SS COUNTY Or (:-.? •',..:7;-/ 0 The foregoing instrument was acknowledged beforel me this da f , 19 (131 . by ' WlTNtSSiiy han d official seal. ), "„. ; * ' ' CONM.1881011 eXplteS '''"i•11' • • Notary Public Book ass Page 573 l'or and in consideration of the stun of %ii bullar and other good and valuable consideratloniti the undersigned; holder of an incumbrance covering lands of whichthe above deseeibbd_oasement is'a part, does hereby consent to the granting of liild eaiement and agrees to be bound by the terms thereof. t ; dllstt2dJr The foregoing consent way dckebwi ed � before me this day of .. ...L(c-t /� 19,.‘g, by `',�� . tt ca.� k/14.4 y� RIFLE FIRE PROTECTION DISTRICT August 21, 1996 Stuver & George P.C. Attention: Melody Massih P.O. Box 907 Rifle, Colorado 81650 Re: Powers/Baty Property Dear Melody, The Rifle Fire Protection District has reviewed the petition for exemption of the Powers/Baty property. It is the District's understanding that the proposed use of the two parcels is for two separate single family dwelling units. It is also the understanding of the District that the building sites for the structures have not yet been identified. The Rifle Fire Protection District is the responsible agency for fire and emergency medical services for the described parcels. The District would make the following recommendations for future emergency services needs. 1. As the building sites are located, consideration is to be given to the design of the access roadways in regards to grade, width and all-weather driving surfaces. 2. Vegetation is to be cleared around the structures in accordance with recognized wildland / urban interface wildfire protection standards. 3. A fire hydrant is to be added to the existing City of Rifle water line for structural fire protection. Thank you for your cooperation and feel free to contact me if I can be of further assistance. Sincerely, Mike Mo Fire Marshal Telephone (970) 625-1243 • Fax (970) 625-2963 1850 Railroad Avenue • P.O. Box 1133 • Rifle, Colorado 81650 CITY or RIFLE 202 RAILROAD AVENUE • P.O. BOX 1908 • RIFLE, COLORADO 81650 • (970) 62,5-2121.. FAX '(970)6 5=$210 ri7 0 9 199' September 5, 1996 Garfield County Building and Planning Attn: Eric D. McCafferty 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: BATY/POWERS SUBDIVISION EXEMPTION Dear Mr. McCafferty: On September 4, 1996, during the Rifle City Council Meeting, the City Council approved two domestic water taps for Gil and Cynthia Baty. This approval is contingent upon the Batys' entering into a pre -annexation agreement with the City of Rifle. Very truly yours, David A. V.wker Rifle City Manager CONTRACT TO PROVIDE SERVICES AND PRE -ANNEXATION AGREEMENT THIS CONTRACT is made and entered into this, 7 -day of � x• , 1996, by and between the CITY OF RIFLE, COLORADO, a municipal corporation (hereinafter "City") a d GIL BATY AND CYNTHIA BATY, as the owners of the real property described hereafter (hereinafter "Owners"); WITNESSETH: WHEREAS, the Owners desire to obtain the municipal service hereinafter described from the City, and the City is capable of providing such service; and WHEREAS, the Owners' property, hereinafter described, is not presently capable of being annexed to the City of Rifle. However, at such time as Owners' property is eligible for annexation, Owners agree to annex the property to the City; and WHEREAS, the Owners have applied to Garfield County for an exemption from subdivision to divide the property described below into two lots; and WHEREAS, the parties desire to enter into this Agreement to set forth the terms and conditions of the extension of such services by the City. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree as follows: 1. Service Provirlelt The City agrees to provide Owners with the following municipal service: two (2) water taps. 2. Property Served The City will provide said service to Owners' property, situate in the County of Garfield and State of Colorado, and described as follows: All that part of the N 1/2, NW 1/4 of Section 21, Township 6 South, Range 93 West of the 6th P.M., lying southerly of County Road 320. The street address of Owners' property is unknown at this time. Upon approval of a subdivision exemption from Garfield County, the property will be divided into two separate lots as described in Exhibit A, attached hereto and incorporated herein by reference (hereinafter "the property"). 3. Uses. The service described in Paragraph 1 shall be provided to the property described in Exhibit A for the following uses only: in-house, domestic uses for two (2) single family residences (one per lot). 4. Cnsts The City will provide said service subject to the rules, regulations, charges, fees, and ordinances of the City of Rifle as are now in effect, or as they may hereafter be amended. The cost of extending service lines will be borne by the Owners, as provided in the Rifle Municipal Code. At or prior to the first delivery of municipal service(s) pursuant to this Contract, the Owners agrees to pay all water tap and system improvement fees at the out -of - City rate, and water rights dedication fees required by the ordinances of the City of Rifle. Owners further agree to reimburse the City for all engineering, legal, and associated fees and costs it incurs in the review and implementation of this Contract. The Owners and their agents, employees, and tenants shall be bound by all of the ordinances of the City of Rifle insofar as they may pertain to the provision of the municipal service herein described. F:\FILES\RIFLEB.4AG September 23. 1996 5. Service Charges During the term of this Contract, the Owners agree to pay for the above-described municipal service at the rate and in the manner which may be provided by the Rifle Municipal Code for municipal utility consumers residing outside the City limits. The City reserves the right to modify these charges or regulations. 6. Tntemlptinn of Service The Owners acknowledge that the municipal service will be provided to them on an interruptible basis. The City may, in its sole discretion and as provided by City Charter Article 12.11, Municipal Code Sections 10.04.390-.420, and other applicable ordinances, discontinue or curtail the above-described service. 7. No Precedential Valle Nothing herein shall obligate the City to extend additional service to the Owners or to the property, other than that service described in Paragraph 1, above. There shall be no expansion of such service without the express written consent of the City. 8. Service Subject to Municipal Codee Termination for Breach The extension of municipal service under this Agreement is subject to all requirements of the Rifle Municipal Code applicable to the supplying of such services now in effect or as hereafter amended. A failure by the Owners to comply with all applicable provisions of the Rifle Municipal Code or with the teras of this Contract shall constitute a material breach, and the City shall be entitled to terminate this Contract upon such a breach and/or to discontinue the municipal services provided hereunder. 9. Annexation To the maximum extend permitted by law, the parties agree that this Contract, pursuant to C.R.S. §31-12-121, constitutes an enforceable obligation upon the Owners, their successors, and assigns to annex the property described in Exhibit A as required under the terms hereof. At such time as the property described in Exhibit A is eligible for annexation to the City, as prescribed by statute or ordinance, the Owners shall submit a petition for annexation to the City to annex the property to the City. The Owners may annex their property in conjunction with adjoining property owners; provided, however, that a petition for annexation is filed within sixty (60) days of the time the Owners' property becomes eligible for annexation. The Owners shall pay all costs for review of the annexation petition, as required by the Rifle Municipal Code (currently Section 17.02.160). The passage of time between the eligibility of the property for annexation and the time the City requests the Owners file a petition for annexation shall not constitute a waiver of the City's right to enforce, or estop the City from enforcing, the Owners' obligations under this paragraph. As required by Section 17.02.155 of the Rifle Municipal Code, the Owners will be required to submit a radiation hazards report with their petition for annexation or petition for annexation election. 10. Payment of Impact Fees Owners agree to pay upon the execution of this Contract all applicable offsite street impact fees and parkland dedication fees for the property in the amounts set forth under Resolution No. 25, Series of 1995, as hereafter amended. The amount due from Owners for said fees is Five Thousand Four Hundred Ninety Dollars ($5,490.00) ($5000 for offsite street impact fees and $490 for parkland dedication fees). 11. Termination Upon Annexation This Contract shall terminate automatically on the effective date of the annexation to the City of the property described in Exhibit A; provided, however, that nothing in this paragraph shall limit any other rights of termination provided in this Contract. Upon termination after annexation, service to the property described in Exhibit A shall be provided pursuant to the Rifle Municipal Code and all applicable rules and regulations. Until annexation, nothing herein shall be construed as obligating the City to provide additional taps of any kind to the Owners of the property. 12. Districts The Owners, upon execution of this Contract and at any time thereafter, shall join in any street, curb, sidewalk, or other improvement district which may be formed by the City and which affects the property described herein. 13. Park T)istrint Pursuant to Rifle Municipal Code Section 17.02.230, the Owners' petition for annexation pursuant to Paragraph 9 shall be accompanied by a petition to include the property described in Exhibit A within the F: \FILES\RIFLF.B.4AG September 23, 1996 -2- Rifle Metropolitan Park District. 14. Failure nr Refiisal to Annex In the event the Owners fail to annex their property to the City as required by this Contract, the City may, at its sole option and without otherwise limiting its legal rights, bring an action at law or equity, including an action for specific performance, to enforce the terms of this Contract, discontinue providing municipal service(s) to the property, or treat this Contract as a petition for annexation and annex the property without consent after thirty (30) days' written notice to Owners. The rights and remedies under this paragraph shall be cumulative. To the extent permitted by law, the Owners hereby appoint the City Clerk as their attorney-in-fact to execute and deliver all documents necessary to annex Owners' property described in Exhibit A to the City, should the Owners fail or refuse to annex as required under this Contract. If the City proceeds to annex the Owners' property as permitted under this paragraph, it may advance all fees and costs related to the annexation, and shall be entitled to recover the same as a personal obligation of the Owners. Such fees and costs shall also constitute a lien against the Owners' property described in Exhibit A, which may be foreclosed as provided by law. 15. T ien Rights The City shall be entitled to prepare and record a lien against the Owners' property described in Exhibit A for the amount of any costs, fees, and other expenses which it has advanced or which the Owners are required to be pay pursuant to this Contract and the Rifle Municipal Code. Such costs and fees include, but are not limited to, recording, annexation, and staff review and document preparation fees and costs; and engineering and attorneys' fees. 16. Time of Connection The Owners shall, at their expense, connect to the offered City service pursuant to the Rifle Municipal Code within one (1) year of the date of execution of this Contract. In the event the Owners do not make such connection within such one-year time period, this Contract shall be null and void and of no precedential value, and all parties relieved of all obligations hereunder; provided, however, that if the City physically connects the offered City service to the Owners' property after one (1) year, the fact of connection shall constitute a waiver of the time limit contained in this paragraph, and a bonafide purchaser of the Owners' property shall be entitled to rely thereon. 17. No Guarantee of Fire Flows Nothing herein shall be construed to obligate the City to provide adequate fire flows for residences or developments outside the City which receive City water or sewer services hereunder. 18. Miscellaneous The parties agree time is of the essence in the implementation of this Contract. All of the terms and conditions of this Contract shall bind the heirs, successors, assigns, or personal representatives of the parties hereto. This Contract constitutes a covenant which runs with the real property described in Exhibit A. This Contract sets forth the entire understanding between the parties, and any previous agreements, promises, or understandings have been included in this Contract. 19. Recording; Fees The City shall record this Contract upon execution. The Owners shall simultaneously with the execution of this Contract tender to the City the actual amount of recording fees. (Checks shall be payable to the Garfield County Clerk and Recorder.) 20. Affidavits Upon completion or satisfaction by the Owners, or their successor in title, of all of the terms and conditions of this Contract, the City Manager is authorized to prepare an affidavit to that effect, which the Owners may record with the Garfield County Clerk and Recorder. If the Owners do not connect to the offered City services within the time limit in Paragraph 13, the City shall have the right to record a notice of the termination of this Contract. 21. Regulatory Jurisdiction The City shall have the right to terminate this Contract in its sole discretion in the event the Colorado Public Utility Commission, the Garfield County Commissioners, or any other governmental entity or body asserts regulatory jurisdiction over the rates, fees, or charges the City imposes pursuant to this Contract. F: \FILES \RIFLEB.4AG September 23. 1996 -3- 22 Connection to City Sewer System Municipal sewer service is not extended under this Contract and, therefore, the Owners agree to connect to the City's public sewer system at Owners' sole expense at such time as the City's public sewer runs within 400 feet of the northern property line of the property described in Exhibit A pursuant to Rifle Municipal Code Section 10.08.030. The parties acknowledge that an existing City sewer line is located within 400 feet of the eastern property line; however, the proximity of this existing line shall not be considered for purposes of compliance with the compulsory sewer connection requirement. In consideration for the deferral of connection to City sewer service, Owners shall, simultaneously with the execution of this Contract, pay to the City the amount of $2,354.00 as a credit against the amount due for two outside sewer tap fees. Payment of the sewer tap fees shall create a non-transferrable, appurtenant sewer tap credit for the benefit of the lots described in Exhibit A. At the time of connection, the Owners shall be subject to all ordinances, rules, and regulations concerning City sewer service, and shall be liable for all rates, fees, tolls, charges, and assessments for the same in excess of the dollar amount of the sewer tap credit granted hereunder. IN WITNESS WHEREOF, the parties have executed this Contract on the day and year first written above. By ATTEST: Ellen A. Berggren, City Clerk STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) CITY OF ' _E, COLORADO Davi Ling ayor OWNERS: J J�J Gil Baty) ynthia Baty Acknowledged, subscribed, and sworn to before me this day of Ling, Mayor, and Ellen A. Berggren, City Clerk, on behalf of the City of Rifle Co orado. WITNESS my hand and official seal. EL21.!N` 1 / - ! 8 STATE <2,FO My Commission expires: 02 � S f •°-. • —. � -�' •- �-0;7'.i''() , 1996, by David M. F:\FILES\RIFIEB.4AG September 23, 1996 Notary Public -4- STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Acknowledged, subscribed, and sworn to before me this (-) day of Cynthia Baty. WITNESS my hand and official seal. My Commission expires: / - y8 F:\FILES\RIFL.IB.4AG September 23. 1996 , 1996, by Gil Baty and i Notary Public -5- EXHIBIT A LEGAT. DFSCRTPT1QN4 LOT 1: A tract of land being that portion of the North 1/2 Northwest 1/4 of Section 21, Township 6 South, Range 93 West of the 6th P.M. lying southerly of County Road No. 320 being more particularly described as follows: Beginning at a point on the southerly right-of-way of said County Road No. 320 whence the North Quarter Corner of said Section 21 bears North 32°58'46" East 923.73 feet; thence South 00° 12'30" West 552.28 feet to the south line of said North 1/2 Northwest 1/4; thence along said south line North 89°49'02" West 1147.65 feet to a point on said County Road right-of-way; thence along said right-of-way 63.88 feet along a curve to the left, having a radius of 1250.00 feet, a central angle of 02°55'40"; the chord of which bears North 65°52'48" East 63.87 feet; thence North 64°24'57" East 1210.00 feet, to the point of beginning, said described tact containing 7.252 acres, more or less. LOT 2: A tract of land being that portion of the North 1/2 Northwest 1/4 of Section 21, Township 6 South, Range 93 West of the 6th P.M. lying southerly of County Road No. 320 being more particularly described as follows: Beginning at a point on the southerly right-of-way of said County Road No. 320 whence the North Quarter Corner of said Section 21 bears North 00° 12'30" East 401.51 feet; thence along the east line of said North 1/2 Northwest 1/4 South 00° 12'30" West 927.26 feet to the Southeast Corner of said North 1/2 Northwest 1/4; thence along the south line of said North 1/2 Northwest 1/4 North 89°49'02" West 500.00 feet; thence North 00° 12'30" East 552.28 feet to a point on the southerly right-of-way of said County Road; thence along said right-of-way North 64°24'57" East 59.55 feet; thence 316.81 feet along the arc of a curve to the left having a central angle of 16°57'44" and a radius of 1070.14 feet, the chord of which bears North 55°56'06" East 315.65 feet; thence North 47°27' 14" East 252.68 feet, to the point of beginning, said described tract containing 8.218 acres, more or less. F: \FILES\RIFLIB.4AG scptcmbcr 23. 1996 -6- Garfield pointy Read & Ertdge 13o 1:ment P.O. Box 2254 Glenwood Springs, CO 81§22 Phone; 970.945.6111 Fax. 970.945.2934 King Lloyd, Supervisor Ecday © D te: 07-3]-1990 21aase remit for the following Ca%? Gf issac G7-3]»)3 22RMTT(31 4: C§« -J6 D Name: BEATY. GIL Address: 11773 CO. RD 320 City: RIFLE Phohe: 625-2701 Gond Ho\der: ST: CO ZIP: 81650 Utility Cut Permits-# s: From: - To: - Total Utility ,00 Driveway Permits-# s: From: 043-96 To: 045.96 Total Driveway 15.00 Over Size Permits -#'s: From: - To: - Total Over Size ,00 Over Weight Permits -#'s: From: - To: - Total Over Weight .00 Pleas Paid TOTAL DUE - Put Permit # s On Check (Yes or No) Check #: .O0 GarfieLd County Road & Bride P.O. Box ('L*ow»nd Springs. Phone: 970-945-61 11 Fax970-94-0434 Kind Lloyd, Sooerv1�or 07-31-1996 Please remit l'or the following .c:ermit(s), 07-S1-96 PERMIT(s) #: Name: BEATY, GIL Address: 11773 CO RD 320 City: RIFLE Phone: 625-2701 Bond Holder: ST; CO ZIP: 81650 Utility Cut Permits-# s: From: - To: Total Utility Driveway Permits -Ws: From: 044-98 To: 044-96 Total Driveway Over Size Permits-# s: From: - To: Over Weight Permits-# s: From: - To: Fax/AdN1Di9t TOTAL DUE - PleasPut Permit # s On Check Paid ? (Yes or No)Check #: - Total Over Size - Total Over Weight . 00 15.00 .00 . 00 ' 0g 08/01 '96 08:59 ID:GOMMUNWEALM TITLE Cu FX: 7O -625-30b PAGE 5, th•i• m. / "..1. -. .em.wkiii.,.1;: —.ON 0 321965.7 -Vi&-FsiiiiiSoiiiiiiiiiiiiii.TITihc-Trado 9ylei1I1 ii %t40,4... "dr'," IA 730 Seventeenth Strnet City and County.4 Denver . awl ti• of Worado • 8.1y . lw. roirmirlertit ion ,i• .rX"11 11:0 Ira's and Cbod and valuable Consideration Le.4444.inhin4lvid. htrOn.se11.41andguRelettsmile J. P. Mina 1. CO. , A i petrtIOdIdtip I I NV .Y..0i• addregp,fa R. O. Box 726. Rifle. 0 0 R2 ilitjs Von. Fel 411 'matt 7...if Garfield , and !•:t te• of Clolorado . the fel I mei az real y, mhi C**uniy of Car -field ,emiSlnti**.feolorad.,, t. PARCEL I: 516: Lt 5 517: Lot 9 520: N ;,/2 NE 1/4 521: N 1/2 NW 3/4 containing 185 acres, aPre OT leSS PARCEL 77: 521; Lot 2, MOW Subdivision, a part of NW 1/4 NE 3/4 , containing 1.223 acres. rine Cr lass All in Township 6 South, Range 93 west of the 6th P.M. asbedesraocracionsvoommtassoiam si1haltitssippurtsnanres ihtitInvg, but not limited to, any and all appartmant enert%s of the Lich Cann Ditch. Commny Sighed thip /qt.'. day +4 • ., ...I 4. • • ••• ..... •:; •.• • • :• STATIC oF ei3tokAvo, t Countyvf TIiu fnrrgnrg instrument was neknweiedreed before are this deyof .1882 .hy4;pa. ,C Le444.1 knew', tO re to be the Preside/Wien- sident and Secretary, respective y, MANN HOLDINOS, TNC., *ION is known to me to be. a General Partner in WPM SLOPE My roam lAiden expii.r.. r -f JOINT VENTrjjE. WItr** ray hand and official seal .19 02 iiIMT SLOPE MINT VENTURE C1BBAN. ; • 1100,1r. -"'df )54. Wm -A Presieeritt - - • - • Mk 'WM 0.4.11iblultb•-4m•rr... IPM1/.1 101146.i. SOS 1Y 11. COM. /2 ?3'4•• a Co/ P, 14 EXHIBff lorerd.d • Rory pti•n Ro/' • APR - 5 17T9 6J'1( 525 r4z555 n >K loeort,e*. THISDIID. Y.t,etiY 29th d.y.< March Mr.... JOHN P. POWERS, a single person C...tsd Garfield amipww of the partnership Box ~726,MRifle, Colorado. POWERS i CO., a ���r•••M Box 726, Rifle, Colorado APR -51979 PUL sicrionititU et, the o.e.ty sl Rifle acid sure et, Gyerade. sf the .aeo.d part. rt a! the Net pert. for sad h cense-dent-Oa of the w� of R1TNESSETH.T of the »id M y DOLLA=.s. TEN AND NO/100ths .tire ..east, past ire reoeD whereofASS. to the said pari y of the fleet part to hand paid h the said s+rt y �se7eo she oun CLAMED. and bf tree. le heresy ern ft seed and we knee led red. ha S re mteed, released. old, the »ts*d part. I. tS�4hee ilaf presents de eS re mien. release. sell. y and QC1T CLAIM ,i ante the said party t.tb fired part sure...ore and assigns. renewer. all the richt, title. interest, claim and detonated and lobs; to he said party Cooing h• S in and to the fallowing described let er parcel. laud. taata. !Tees of Garfield .ad sum at C.1er•d..•e s'x T. 6 S., R. 93 N. Section 17: Lot 9; Section 20 Together with all water, wate used upon or in connection wi , 6th. P.M. Section 16: Lot 5; : $4NEk; Section 21: NSNWt ✓ rights, ditches and ditch rights, th the foregoing described real proper CONVENIENCE DEED, NO DOCUMENTARY FEE REQUIRED sloe lase* sa street wed *ember TO gAt't AND TO HOLD the eats.. together with .s and ainc.lar t►. spparusaa•oe ••d prt.pepes tiers..•. heleneine .r in anew ise tSerene, u ♦ppertainine. and ►11 the estate. richt, title. intsren and claim oh•t..e..r..d the said Dart Y of the figa5Li.t..rbevell t...r equity, ta the only peeper sae, heserrt and Seheef.f the sale part at r n the ..tend put.its .refs and assigns f.r.t. IN WITNESS EDT, TIN sold part y of the first rift hats he/re 'ed »al the de, awl rear first shoee er tttes.• . 4t_ �. 'y' i kY 1.7 sLAIa rig • ••. .L sieee.tt, sestet, sad Dati..re4 to the ?S».... el mix or ono:ADo. °mama Denver Hatch TL. %resets( Metre/beet eta *okae.tool reel before m. this 29th dal ed 79►r• John P. Powers, a single person ty y •eseeNate..aptrse May 15 ,1s 79. wH..e. *•y past, .ad drtelal seal 1- $LA.L Suis ISLAM 1 ' . rw .r- 1 a'ri..k • 11. •-- --`-- - Tr..LaS a'. ---- ,7x6 Ella Sterhenn, _ r... Tur, 1)Fsr, mi. 2nd *ay Tebruar7 .21 73 . r..,rss —DOEI1D rEVX£TH BAITER and JEAI E.A.TT£l d deo ennead:, 1 Car f 1 e1d aa4 Banta of Cdwas1ssk of ens first part, asp JOQ( P. r'U. us I'nCe 507 • rul c~eirtrt m �_i3-73 ' A ^ 5o Lam=--�-------�.,. of tt.. Com-.tr a[ Ca r f 1 e ld sod Stet... Celersd'` d t] esa.e% part wjT;:1•-: F.?P. i`tst t++e oak! part 1 e3 d t10 fl-ot part fpr and to renal -Serration ed t . r' of TEF DOLLARS ar.d other good and valuable consideration to the as id part les of to first part le Find p•- y tL mid rs.rt7 of t.s.n.- odd part. the roes'rpt .Sa+sai la bereler cull!r oro and a: ;; nos pec' r•Z, )ti re Aran t' - La_-t•ln.d. an:d a.<1to n. r Trot asp try Lb..* preary- £. ai [ra-o`- ln.tain, trip, t<n•er andton.�.rra, mill ttr a -..id part y ttw oo ood part h i s��; Wait anti bole( be deobe irs .,4 matelges forever. all the foUesei:.r ;Loot tot • a► parrot • d - Co -linty •i C[ t f i e 1 d west Mut. t►+ft: TRACT !i0. 1 I. 7 S., R. 94'4., 6th P.1. Section 16:4 SG:, S;F^-'t Section 17:,5 EASLtt, SF ✓':0:; SUBJECT TO a reservation by the United States of A;erica of all coal and other minerals together with the right to prospect for. cine end remove the same. TRACT i;0. 2 T. 6 5., R. 93 t*., 6th P.H. and *. Section 28A' SEtti: t, ST.ttNElt. !6%S.E.tr TRACT t:0. 3 Sect on 1 • 5; Section 12aa Lot 9; Section 20f' !;tr:E4; Section 21 It2TT?!La! RIT/rall water, water rights. ditches end ditch rights. used upon or erty end including, but not in connection with the foregoing dercrl2ed real prop�� and the water r[F.zr limited to, 3.'0 shares of the Loes,h b Crann Ditch Company, seated by domestic d.cree to V. A. .'Ones concerned in Cause,tio1215 la the Dis- trict Court of Garfield County, Colorado, with reference to pity 18 into Water District Nc. 45; and 70/LEP-AT W1711 all improvements and app.it ate tl,errer.; dc 5,thatnone ofrthe lwarranties l rrazing rcontained inlrhts end lthisginstrument vilees, if 'shall in any way apply to amid water, water rights, ditches and ditch rights or the grazing rights and privileges. SUFJECT TO o reservations ty first parties' predecessors in title of an undivi- ded three-fourths (3/4) interest in and to all oil, Eos, and other minerals ly- ing in and under said real property. not theretofore reserh reserved, cure:eriwithlthe right c[ Ingress and egress for the purpose c`. exploring for and producing e same, sub,cct to the pzym nt of reasonable compensation for damage to the sur- face c! said real property and improvements, terminable August 1, 1927, if sait fdrt oil. gas, :Are other minerals are rct being produced by that tire, all as in that Warranty Dred recorded August 9, 1962, as Document No. 216434 in Bo,.,k 343 at Page 385 of the Clcrk and pscorder's Office, Garfield County. Colorado. l TTN trill:n mit! al and aarsUr the tore-Iz arneeto word apport+•m"ra D`erete moire r1. rr la a.T+lms err'•rt' in't r ■not the rerersioa and me -criers. reser .rdtr and resat:,d.ra, recta. ells-:>•+ and prof at, rbt1seof: sari art ttv re:rte. rl[1•l, t-tl., interest, claims aryl c'-.4 vlia•°r'.* of t`he asp part Sea d tb-.• first part ea-Sv L law of racier. o.•. In •di to tt.. •toe bortarrrd pro -.too . aria itl. b.rrtassea_iw and .ppert .az"'t No.Q. W atair(TT D [ZD --7 aecerfec up 4,1,,c2 at 3:15 P.M. hate: t`..r. 21e:3+.1.eab:.r•., hscorder ;:A7.: J.!rry DEED Book 343 Page 385 K1:0:: ALL H:.N BY THESE 1'REoE;:T::: That tn•, Juc E. J� nscn .,nd 31:ncF.c ?:. Johnson of Garfield C..ui:ty, C..iorodo, h,rein.iitcr referred to ..s Grantors, for the con- ,;. , ,r.,t; ,. „ r,.r, .1; : nd n:i,cr v 1u.: 1. censidcrations in hard polo hercuy sell and convey co u.,naid r:enneth Laxter and Jean Baxter ns juin: tcnint3 and not as tenants in co.:rm;,n, of Garfield County, Cclorndu, hercinnitcr referred to as Crr.ntecs, the following described real estate situate in G.,rfieid County, Colorado, to -wit: TACT NO. 1 The • , the S 1:,:1 in 4vction 16; theE`- SE., Th. ;E ::L' in lection 17; all in Township 7 South, R.'nsc 9. .ett c_` the 6th P.H. consisting of nopro>:inatcly 363 acres, subject to a reaerva- t1.mn in fnvar of the United States of America of all coal and other minerals together with the ri;;ht to prospect fe.r, nine rend remove the saga. TRACT NO. 2 The SE NV, the Sa= KE., the l.al SEI, the NE2 iry'.ecti.'n 26, Township 6 South, RLnge 93 ti;cst o: the 6th P.M. consisting of epproxirzately 163 acres. TRAM 3 The N. 17E' of,'.,cction 21; the t:ui of aSat. Lot 5 i cction 16; Lot 9 of. Section 17; .� tt 1 i n P�w-gnu }4y14ip of the 6th P.H.H. consisting o approximately 194.8 acnes. To^rther t•ith all water, water ri::ht6, ditches and ditch rights, used u;.•n or in connection with Che f tres`oiiresdesc described real estate and Ditch includin:;, but n:.t li-:tcd Cu, 3 t e Jones Connny; :nd the water represented by aonestic decree to concerned in cruse No. 12'15 in the District Court of Garfield County, Colornde, with reference to pri:r:ty ::). 16 in ':ntcr District No. 45; and to,'ccher With ^11 :e- 'r.. -v ents rnd ci'Fcfrter.cnces situate thereon and tu; other %:ith nl l ur: zin'-, rights and privileges, if any, RESERVING IIORWCI, to the Grrntcrs herein ,s joint tenants and not as tenants In cndto their heirs a.ndd assigns, minerals lying inthree-fourths saidereal in e to t oil, andestate, net hr th purpose withf tess rend andcot fern ins p P payment of reasonable coepensatlon gns .,;,d other minerals, subject to the p 1 1 Book ) l3 Pato 366 for the ditrtSe to the surface of said real estate end the 1=provrents situate thereon. The acid Grantors' reserved interest in said oil, gas and et::cr minerals s';.all terminate and vest hinrvn the,e Granteesf,ctheir heirs end designs, cr. h.:1;•.:-: 1, 1977, provided gas cr other minerals r_rc then bring produced froom said real estate then such reservation shall continue in effect so long as oil, g other minerals ere being prod'.-ced from acid real estate. Tne Grantors L';u1RANT T1E TITLE to said tracts of real estnee subject to reservations in the patents fro= the United States of i.=.erica, existing ei1 and gas leases, rights of way for existing roads, ditches and canals. tb.e takes of 1962 payable in 1963 and thereafter. Signed and Delivered this 36th day of July 1962. STATE OF COLORADO ) es.- COMM s.COM 1 CF ) Johnson 61an=he /ichnson Tt:e _foregoing instrument vas acknowledged before ase this 30th day cf Jv1T Blanche H. JohnsozL ;`?fj, comoissloa erpirs.s: ?Sash 11. 1965 i • 1 2 , 1562, by Joe E. Johnson and Notary -Public THOMAS W. STUVER RUSSELL GEORGE MELODY D. MASSIH STUVER & GEORGE, P.C. ATTORNEYS AT LAW 120 WEST THIRD STREET P. O. BOX 907 RIFLE, COLORADO 81650 October 7, 1996 Don Deford Garfield County Attorney 109 8th Street, Suite 300 Glenwood Springs, CO 81650 Eric McCafferty Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81650 RE: POWERS/BATY SUBDIVISION EXEMPTION Dear Dcn and Eric: TELEPHONE 970 - 625-1887 FAX 970 - 625-4448 We are sorry for all the confusion surrounding this subdivision exemption. Unfortunately, since we do not know what parties will be owners of the subject property in the future, we still feel that it is necessary to clarify the intent behind the language contained in the resolution. The language contained in the resolution which we must clarify states that "... counts as two (2) exempt parcels and for exemption purposes, it is understood that the remainder parcel north of the County Road 320, shall be entitled to be split into twn (2) a iir_ii ti renal parr^al , under current Subdivision Regulations". we understand that under the present Subdivision Regulations, this means that the remainder parcel could be split into a total of three parcels if the owner chose to so divide the parcel in this fashion. We thank you both for your time, patience and cooperation in this matter. Very truly yours, STUVER & GEORGE,