HomeMy WebLinkAbout1.0 ApplicationPlease Reply To
201 North Mill Street, Suite 102
Aspen, Colorado 81611
(970) 925-9393
Fax (970) 925-9396
HAND DELIVERY
NEILEY & ALDER
ATTORNEYS
Richard Y. Neiley, Jr.
Eugene M. Alder
April 24, 2003
Mr. Mark Bean
Garfield County Community Development
108 Eighth Street, Suite 201
Glenwood Springs, CO 81601
Dear Mark:
❑ Please Reply To
6800 Highway 82, Suite 1, Upper Level
Glenwood Springs, Colorado 81601
(970) 928-9393
Fax (970) 928-9399
RECEIVED
% 2003
GAR vOUNTY
& PLANNING
Re: Boundary Line Adjustment - Prehm Ranch/Bershenyi Ranch
Enclosed herewith you will find an Affidavit of Boundary Line Adjustment Pursuant
to Section 1:64 of the Subdivision Regulations of Garfield County and a Warranty Deed from
Bershenyi Land & Cattle, LLLP to Marlin (Colorado) Lot 5, LLC conveying 3/4 of an acre of land.
These documents were recorded on March 26, 2003. Appended to the Affidavit as Exhibit "C" is
the new legal description for The Preserve at Prehm Ranch, Lot 5, increasing the lot size from 35
acres to 35.751 acres. Also enclosed is a revised legal description of the Bershenyi parcel.
The purpose of this letter is to provide notification of the boundary line adjustment
and the legal descriptions of the two properties subsequent thereto as required by Section 1:64 of the
Subdivision Regulations.
If you have any questions regarding the foregoing, please feel free to give me a call.
Very truly yours,
r
RYN/agk
Enclosures
cc: Marlin (Colorado), Ltd.
John and Alice Bershenyi
Y & ALDER
hard Y. Neiley, Jr.
1 11111111111111111Eli 1111 111111! 1 111 11 111 1 1111 1111 11 11
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AFFIDAVIT OF BOUNDARY LINE ADJUSTMENT
PURSUANT TO SECTION 1:64 OF THE SUBDIVISION REGULATIONS
OF GARFIELD COUNTY, COLORADO
The undersigned affiants, being first duly sworn, depose and state as follows:
1. MARLIN (COLORADO) LOT 5, LLC is the owner of real property described
in that certain Special Warranty Deed recorded February 24, 2003 as Reception No. 621485 in Book
1439 at Page 811 of the records of Garfield County, Colorado a copy of which is appended hereto
as Exhibit "A."
2. BERSHENYI LAND & CATTLE LLLP is the owner of the real property
described in Exhibit "B" appended hereto and incorporated herein by this reference, which consists
of approximately 0.75 acres, more or less, lying to the north of, adjacent to and abutting the real
property described in Exhibit "A."
3. The undersigned are desirous of adjusting the boundary lines of their respective
properties and execute this Affidavit in accordance with Section 1:64 of the Garfield County
Subdivision Regulations of 1984.
4. Contemporaneously with the execution ofthis Affidavit, Bershenyi Land & Cattle
LLLP is conveying the real property described in Exhibit "B" to Marlin (Colorado) Lot 5, LLC.
Upon such conveyance, title to the parcel described in Exhibit "B" will merge with the title to the
CT) property described Exhibit "A." Upon recordation of the Deed from Bershenyi Land & Cattle LLLP
to Marlin (Colorado) Lot 5, LLC, the new legal description of the land owned by Marlin (Colorado)
Lot 5, LLC shall be as set forth in Exhibit "C" appended hereto and incorporated herein by this
reference.
5. The undersigned represent that no new lots, parcels or interests will be created
by this boundary line adjustment and that Garfield County will not be required to issue any additional
building permits, other than what it would be required to issue for the already existing properties.
6. The undersigned hereby represent that none of the parcels of property involved
in this boundary line adjustment is part of a previously platted subdivision of record as that term is
defined in the Garfield County Subdivision Regulations.
7. The undersigned hereby represent that the boundary line adjustment made
reference to herein will not cause the loss of access by road or to utilities, to any parcel of property
involved.
8. This Affidavit shall be recorded with the Garfield County Clerk and Recorder,
and a copy hereof shall be delivered to the Department of Development for Garfield County within
thirty (30) days of the conveyance of the property described in Exhibit "B."
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FURTHER AFFIANTS SAYETH NOT.
DONE this ,fir, day of March, 2003.
BERSHENYI LAND & CATTLE, LLLP
STATE OF COLORADO
COUNTY OF GELD
) ss.
MARLIN (COLORADO) LOT 5, LLC
By
char. . Neiley, Jr., Man ger
The foregoing Affidavit Re Boundary Line Adjustment was subscribed and sworn
to before me this ?o day of Yauw(4 . , 2003, by'3Acfa_lei. 3e.rs1 ,� as
of BERSHENYI LAND & CATTLE LLLP. "'1
WITNESS my hand and off c'
My commission expires:
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STATE OF COLORADO
COUNTY OF OARFIELD
afYp4t
P °P
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ota Public
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) ss.
The foregoing Affidavit Re Boundary Line Adjustment was subscribed and sworn
to before me this (90 day of r(lcr—vorN. , 2003, by Richard Y. Neiley, Jr., as Manager
of MARLIN (COLORADO), LOT 5, LLC.
WITNESS my hand and official seal.
My commission expires: M -113)6U
W COMw5S101+
NotaryPublic
2
111111 11111 lilt III 11111111 1111 111111 111 11111 I1111111
621485 02/24/2003 04:42P B1439 P811 M ALSDORF
1 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT "A"
SPECIAL WARRANTY DEED
THIS DEED, made this 13`" day of February, 2003, between MARLIN
(COLORADO), LTD., with an address of c/o Neiley & Alder, 201 North Mill Street, Suite 102,
Aspen, Colorado, Grantor, and MARLIN (COLORADO) LOT 5, LLC, whose legal address is c/o
Neiley & Alder, 201 North Mill Street, Suite 102, Aspen, Colorado 81611, Grantee.
WITNESSETH; that the Grantor, for no consideration, has granted, bargained, sold
and conveyed, and by these presents does grant, bargain, sell, convey and confine, unto the Grantee,
its successors, heirs and assigns forever, all the real property together with improvements, if any,
situate, lying and being in the County of Garfield, State of Colorado, described as follows:
Lot 5,
THE PRESERVE AT PREHM RANCH,
As depicted on the Prelim Ranch Exemption Plat recorded on June 13, 2001, in Book
1260 at Page 358, as Reception No. 582501, the First Amended Prehm Ranch
Exemption Plat recorded on August 30, 2001, in Book 1281 at Page 744, as
Reception No. 587388, the Master Plat for The Preserve at Prelim Ranch recorded
on September 25, 2001 as Reception No. 588988 and the Amended Master Plat for
The Preserve at Prehm Ranch recorded on October 17, 2001, as Reception No.
590185, all recorded in the real estate records of Garfield County,
County of Garfield,
State of Colorado,
with a street address of: vacant land,
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders,
rents, issues and profits thereof; and all the estate, right, title interest, claims and demands
whatsoever of the Grantor, either in law or in equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances;
TO HAVE AND TO HOLD the same premises above bargained and described with
the appurtenances, unto the Grantee, its successors, heirs and assigns forever. The Grantor for itself,
its heirs and personal representatives or successors, does covenant and agree that it shall and will
WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable
possession of the Grantee, its successors, heirs and assigns, against all and every person or persons
.claiming the whole or any part thereof, by, through or under the Grantor, and further subject to:
taxes not yet due and payable for the year of closing; any tax, special assessment, charge or lien
imposed for water or sewer service, or for any other special taxing district; and see Exhibit "A"
attached hereto and incorporated herein by this reference.
111111111111 1111111111 1111 I11I11111111111I VIII 11111111
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3 of 8 R 41.00 D 0.00 GARFIELD COUNTY CO
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621485 02/24/2003 04:42P B1439 P812 M ALSDORF
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IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth
above.
STATE OF COLORADO
) ss.
COUNTY OF EAGLE
MARLIN (COLORADO), LTD.
B
Timothy D. Heng, President
The foregoing Special Warranty Deed was acknowledged and signed before me this
/ .5 day of February, 2003, by Timothy D. Heng, as President of MARLIN (COLORADO), LTD.
WITNESS my hand and official seal.
My commission expires:,157 liA3cC
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ANN i
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623600 03/26/2003 11:28A 81450 P787 M ALSDORF
4 of 8 R 41.00 D 0.00 GARFIELD COUNTY CO
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621485 02/24/2003 04:42P 81439 P813 M ALSDORF
3 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT "A"
1. Taxes for the year 2002 not yet due or payable.
2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted as reserved in United States Patent recorded December 18,
1893 in Book 12 at Page 262.
3. Right of way for the Smart and Green Four Mile Ditch, as described in the Statement and Map recorded July 8,
1911.
4. Terms, conditions, provisions and obligations as set forth in Deed recorded July 27, 1921 in Book 124 at Page
534.
5. Terms, conditions, provisions and obligations as set forth in Deed recorded May 12, 1952 in Book 264 at Page
161.
6. Easement and right of way granted to Rocky Mountain Natural Gas Company, Inc., in instrument recorded
October 19, 1961i in Book 337 at Page 244.
7. Easement and right of way as granted to The Mountain States Telephone and Telegraph Company in instrument
recorded April 28, 1972 in Book 430 at Page 136,
8. Terms, conditions, provisions and obligations as set forth in the Lease between Jean Prehm and Rocky Mountain
Natural Gas Company recorded September 26, 1975 in Book 479 at Page 344.
9. Terms, conditions, provisions and obligations as set forth in Deed recorded January 27, 1980 in Book 550 at Page
841.
10. Easement and right of way granted to Rocky Mountain Natural Gas Company, Inc., in instrument recorded June
27, 1988 in Book 736 at Page 622.
11. Right of way for County Road 163.
12. Right of way for the Grisly Ditch and Four Mile Creek and overhead electric lines, as shown on the Boundary
Survey prepared by High Country Engineering dated July 29, 1997.
13. Any question, dispute or adverse claim as to any loss or gain of land as a result of any change in the river bed
location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center
thread, bank, channel or flow of waters in the Roaring Fork River lying within subject land; and any question as to
the location of such center thread, bed, bank, bed or channel as a legal description monument or marker for the
purposes of describing or locating subject lands.
NOTE: There are no documents in the land records of the Office of the Clerk and Recorder of Garfield County,
Colorado accurately locating past or present location(s) of the center thread, bank, bed, or channel of the above
River or indicating any alterations of the same as from time to time may have occured.
AND
Any rights, interest or easements in favor of the riparian owners, the State of Colorado, The United States of
America, or the general public, which exist, have existed, or are claimed to exist in and over the waters and
present and past bed and banks of the Roaring Fork River.
14. Terms, conditions, provisions and obligations as set forth in Contract for Water Service recorded February 26,
2001 in Book 1233 at Page 739
(Continued)
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15. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Declaration
of Covenants for Prehm Ranch Subidivision Exemption recorded June 13, 2001 in Book 1260 at Page 360, and
Master Declaration of Covenants, Conditions and Restrictions for The Preserve at Prehm Ranch recorded
September 25, 2001 in Book 1289 at Page 530, deleting therefrom any restrictions indicating any preference,
limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin.
16. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross
• Electric Association, Inc., in instrument recorded August 16, 2001 in Book 1278 at Page 319.
17. Terms, conditions, provisions and obligations as set forth in Reciprocal Access Easement Agreement recorded
September 4, 2001 in Book 1283 at Page 79.
18. Easements, rights of way and all matters as disclosed on Plat of subject property recorded June 13, 2001 in Plat
Book 1260 at Pare 358, First Amended Prehm Ranch Exemption Plat recorded August 30, 2001 as Reception No.
587388, Master Plat for the Preserve at Prehm Ranch recorded September 25, 2001 as Reception No. 588988
and the Amended Master Plat for the Preserve at Prehm Ranch recorded October 17, 2001 as Reception No.
590185.
19. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County
Commissioners for Garfield County, Colorado recorded October 8, 2001 in Book 1292 at Page 739 as Resolution
No. 2001-69, Series of 2001.
20. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County
Commissioners recorded October 8, 2001 in Book 1292 at Page 742 as Resolution No. 2001-70, Series of 2001.
21. Terms, conditions, provisions and obligations as set forth In Articles of Incorporation for Prehm Ranch Owner's
Association recorded October 15, 2001 in Book 1294 at Page 297.
22. Terms, conditions, provisions and obligations as set forth in Bylaws of the Prehm Ranch Owner's Association
recorded October 15, 2001 in Book 1294 at Page 302.
23. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County
Commissioners recorded April 16, 2002 in Book 1346 at Page 645 as Reception No. 601415 as Resolution No.
2002-33 Series of 2002 and the Resolution of the Board of County Commissioners recorded April 16, 2002 as in
Book 1346 at Page 648 as Reception No. 601416.
1111111 11111 1E111 111 11111111 1111 1111111Il 11111 1111 1111
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1111111 11111 111111 1111 1111 PIM 111111111 113 PHI
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P1 Jr�Jx 'nE, INC.
traf?lVE tROAD, SUITE 22
BA. 1 "CO 81621
1111111 11111 111111 1111 1111 1111111 !HEM 11111HIE
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EXHIBIT "B "
LEGAL DESCRIPTION
A Parcel of Land situated in the E1/2 of Section 34, Township 6 South, Range 89 West of the Sixth Principal Meridian,
County of Garfield, State of Colorado; said parcel of land being more particularly described as follows:
Commencing at the Southeast corner of Section 34, an aluminum cap, L.S. No. 15710, found in place;
thence N. 15°28'57" W. 3248.33 feet to a point in the centerline of Gristy Ditch;
thence leaving said ditch N. 08°26'32" E. a distance of 73.56 feet;
thence leaving the east section line of 34 S. 88°27'41" E. 606.47 feet to a point in the centerline of the Gristy Ditch, thence
the following twenty-two (22) courses along said ditch:
1. S. 67°50'43" W. 50.47 feet
2. Along the arc of a curve to the right having a radius of 81.91 feet and a central angle of 17°47'33" a distance of 25,44
feet (chord bears S 76°44'30" W. 25.33 feet)
3. S. 85°38'16" W. 21.64 feet
4. Along the arc of a curve to the left having a radius of 172.53 feet and a central angle of 13°11'49" a distance of 39.74
feet (chord bears S. 79°02'22" W. 39.65 feet)
5. S. 72°26'28" W. 105.42 feet
6. Along the arc of a curve to the right having a radius of 145.01 feet and a central angle of 34°14'17" a distance of 86.65
feet (chord bears S. 89°33'37" W. 85.37 feet)
7. N. 73°19'15" W. 32.00 feet
8. Along the arc of a curve to the left having a radius of 265,20 feet and a central angle of 18°36'58" a distance of 86.17
feet (chord bears N. 82°37'44" W. 85.79 feet)
9. S. 88°03'46" W. 34.32 feet
10. N. 73°48'21" W. 8.01 feet
11. S. 89°17'05" W. 14,98 feet
12. N. 75°29'11" W. 15.49 feet
13. Along the arc of a curve to the left having a radius of 49.36 feet and a central angle of 17°23'08` a distance of 14.98
feet (chord bears N. 84°10'45" W. 14.92 feet)
14. S. 87°07'41" W. 6.34 feet
15. Along the arc of a curve to the right having a radius of 8.69 feet and a central angle of 34°22'50" a distance of 5.21 feet
(chord bears N. 75°40'54" W. 5.14 feet)
16. N. 58°29'29" W. 3.22 feet
17. Along the arc of a curve to the left having a radius of 23.25 feet and a central angle of 59°38'14" a distance of 24.20
feet (chord bears N. 88°18'36" W. 23.12 feet)
18. S. 61°52'17" W. 9.07 feet
19. Along the arc of a curve to the right having a radius of 105.12 feet and a central angle of 15°25'53" a distance of 28.31
feet (chord bears S. 69°35'14" W. 28.23 feet)
20. S. 77°18'11" W. 25.75 feet
21. Along the arc of a curve to the right having a radius of 72.72 feet a central angle of 22°03'04" and a distance of 27.99
feet (chord bears N. 78°52'15" E. 27.81 feet)
22. N. 89°53'47" E. 56.23 feet to the point of beginning.
EXHIBIT "C"
LOT 5 - AMENDED PROPERTY DESCRIPTION
A PARCEL OF LAND SITUATED IN THE E1/2 OF SECTION 34, TOWNSHIP 6
SOUTH, RANGE 89 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 34, AN
ALUMINUM CAP, L.S. NO, 15710, FOUND IN PLACE; THENCE N 57°23'40" W
2823.87 FEET TO A POINT ON THE NORTHERLY LINE OF THE SW1/4SE1/4, THE
POINT OF BEGINNING; THENCE N 89°15'47" W ALONG SAID NORTHERLY
LINE 67.87 FEET TO THE SOUTH -CENTER SIXTEENTH CORNER OF SAID
SECTION 34; THENCE N 08°36'56" E ALONG THE WESTERLY LINE OF THE
NW 1 /4SE 1 /4 1523.86 FEET TO THE CENTER QUARTER CORNER; THENCE S 88°
51'52" E ALONG THE NORTHERLY LINE OF THE NWI/4SE1/4 1332.60 FEET TO
THE EAST -CENTER QUARTER CORNER OF SAID SECTION 34; THENCE N 08°
26'32" E ALONG THE WESTERLY LINE OF THE SE1/4NE1/4 129.07 FEET TO A
POINT ON THE CENTERLINE OF THE GRISTY DITCH; THENCE LEAVING SAID
CENTERLINE OF THE GRISTY DITCH AND CONTINUING ALONG THE SAID
WESTERLY LINE OF SAID SE1/4NE1/4 N 08°26'32" E 73.56 FEET; THENCE
LEAVING THE SAID EAST SECTION LINE OF SECTION 34 S 88°27'41" E 606.47
FEET TO A POINT ON THE CENTERLINE OF THE SAID GRISTY DITCH;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
72.72 FEET, A CENTRAL ANGLE OF 22° 03'04" AND A DISTANCE OF 27.99 FEET
(CHORD BEARS N 78° 52'15" E 27.81 FEET); THENCE; N 89° 53'47" E 56.23 FEET;
THENCE LEAVING SAID CENTERLINE OF THE GRISTY DITCH S 71°04'20" E
75.58 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS OF 120.00 FEET, A CENTRAL ANGLE OF 52°17'22" AND A DISTANCE
OF 109.51 FEET (CHORD BEARS S 19°45'31" W 105.75 FEET); THENCE S 06°
23'10" E 219.67 FEET; THENCE S 77°22'46" W 169.10 FEET; THENCE N 68°19'48".
W 172.24 FEET; THENCE S 73°20'31" W 419.48 FEET; THENCE S 51°22'33" W
1978.21 FEET TO THE POINT OF BEGINNING.
SAID PARCEL OF LAND CONTAINING 35.751 ACRES, MORE OR LESS.
1111111111111111111111 11111111111 1111111111111111111111
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1 111111 11)11 111111 1111 1111 1111111 111111 III 11111 1111 1111
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1 of 2 R 11.00 D 2.00 GARFIELD COUNTY CO
GENERAL WARRANTY DEED
--1)164,.c56
BERSHENYI LAND & CATTLE LLLP, whose address is 2833 County Road 117,
Glenwood Springs, Colorado 81601, for Ten Dollars ($10.00) and other good and valuable
consideration, in hand paid, hereby sells and conveys to MARLIN (COLORADO) LOT 5, LLC,
whose address is c/o Neiley & Alder, 201 North Mill Street, Suite 102, Aspen, Colorado 81611, the
following real property in the County of Garfield and State of Colorado, to -wit:
See Exhibit "A" attached hereto and incorporated herein by this reference,
with all its appurtenances and WARRANTS the title to the same, SUBJECT TO: taxes not yet due
and payable for the year of closing; any tax, special assessment, charge or lien imposed for water or
sewer service, or for any other special taxing district; right of the proprietor of a vein or lode to
extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises
hereby granted as reserved in United States Patent recorded December 18, 1893 in Book 12 at Page
262; right-of-way for the Smart and Green Four Mile Ditch as described in the Statement and Map
recorded July 8, 1911; terms, conditions, provisions and obligations as set forth in Deed recorded
July 27, 1921 in Book 124 at Page 534; easement and right-of-way granted to Rocky Mountain
_J Natural Gas Company, Inc. in instrument recorded June 27, 1988 in Book 736 at Page 622; and
bo easement and right-of-way granted to Rocky Mountain Natural Gas Company, Inc. in instrument
recorded June 27, 1988 in Book 736 at Page 624.
SIGNED this day of March, 2003.
STATE OF COLORADO
ss.
COUNTY OF Altin
BERSHENYI LAND & CATTLE LLLP
By d- v 4 ,g
The foregoing General Warranty Deed was acknowledged and signed before me this
ac) day of March, 2003, by Snbn t.�. '' , shc.,A1 t as Pc.,Av,- on behalf
of BERSHENYI LAND & CATTLE LLLP.
WITNESS my hand and offi
My commission expires:
7S )13)c,t..,
AUGUST 131 Zai
Notary Public
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623601 03/26/2003 11 32A B1450 P793 M ALSDORF
2 of 2 R 11.00 D 2.00 GARFIELD COUNTY CO
EXHIBIT "A"
LEGAL DESCRIPTION
A Parcel of Land situated in the E1/2 of Section 34, Township 6 South, Range 89 West of the Sixth Principal Meridian,
County of Garfield, State of Colorado; said parcel of land being more particularly described as follows:
Commencing at the Southeast corner of Section 34, an aluminum cap, L.S. No. 15710, found in place;
thence N. 15°28'57" W. 3248.33 feet to a point in the centerline of Gristy Ditch;
thence leaving said ditch N. 08°26'32" E. a distance of 73.56 feet;
thence leaving the east section line of 34 S. 88°27'41" E. 606.47 feet to a point in the centerline of the Gristy Ditch, thence
the following twenty-two (22) courses along said ditch:
1. S. 67°50'43" W. 50.47 feet
2. Along the arc of a curve to the right having a radius of 81.91 feet and a central angle of 17°47'33" a distance of 25.44
feet (chord bears S 76°44'30" W. 25.33 feet)
3. S. 85°38'16" W. 21.64 feet
4. Along the arc of a curve to the left having a radius of 172.53 feet and a central angle of 13°11'49" a distance of 39.74
feet (chord bears S. 79°02'22" W. 39.65 feet)
5. S. 72°26'28" W. 105.42 feet
6. Along the arc of a curve to the right having a radius of 145.01 feet and a central angle of 34°14'17" a distance of 86.65
feet (chord bears S. 89°33'37" W. 85.37 feet)
7. N. 73°19'15" W. 32.00 feet
8. Along the arc of a curve to the left having a radius of 265.20 feet and a central angle of 18°36'58" a distance of 86.17
feet (chord bears N. 82°37'44" W. 85.79 feet)
9. S. 88°03'46" W. 34.32 feet
10. N. 73°48'21" W. 8.01 feet
11. S. 89°17'05" W. 14.98 feet
12. N. 75°29'11" W. 15.49 feet
13. Along the arc of a curve to the left having a radius of 49.36 feet and a central angle of 17°23'08" a distance of 14.98
feet (chord bears N. 84°10'45' W. 14.92 feet)
14. S. 87°07'41" W. 6.34 feet
15. Along the arc of a curve to the right having a radius of 8.69 feet and a central angle of 34°22'50" a distance of 5.21 feet
(chord bears N. 75°40'54" W. 5.14 feet)
16. N. 58°29'29" W. 3.22 feet
17. Along the arc of a curve to the left having a radius of 23.25 feet and a central angle of 59°38'14" a distance of 24,20
feet (chord bears N. 88°18'36" W. 23.12 feet)
18. S. 61°52'17" W. 9.07 feet
19. Along the arc of a curve to the right having a radius of 105.12 feet and a central angle of 15°25'53" a distance of 28.31
feet (chord bears S. 69°35'14" W. 28.23 feet)
20. S. 77°18'11" W. 25.75 feet
2.1. Along the arc of a curve to the right having a radius of 72.72 feet a central angle of 22°03'04" and a distance of 27.99
feet (chord bears N. 78°52'15" E. 27.81 feet)
22. N. 89°53'47" E. 56.23 feet to the point of beginning.
AMENDED LEGAL DESCRIPTION OF
BERSHENYI LAND & CATTLE, LLLP PROPERTY
The Northeast Quarter of the Southwest Quarter (NEkSWk);
the Southeast Quarter of the Northwest Quarter (SENW) and the
Southwest Quarter of the Northeast Quarter (SWZNEk), Section 34,
Township 6 South, Range 89 West of the Sixth Principal Meridian,
and so much of the Northeast Quarter of the Northwest Quarter
(NEJNW), Section 34 as lies South of a line described as be-
ginning at a point 562 feet South 7 degrees 41' west of quarter
corner between Sections 27 and 34, Township 6 South, Range 89
West of the Sixth Principal Meridian, thence North 82 degrees
49' West 1315 feet to stone marked D. L. situate near crest of
ridge, Var. 14 degrees 10' East,and so much of the Northwest
Quarter of the Northeast Quarter (NWkNE'k), Section 34, as lies
South of a line described and established as beginning at a
point 562 feet South 7 degrees 41' West of the quarter corner
between Sections 27 and 34, thence South 82 degrees 49' East
1315 feet to a stake and stone, containing 187 acres. Also
that portion of the Southeast Quarter of the Northeast Quarter
(SENE.) and the Northeast Quarter of the Southeast Quarter
(NEJSE'-) of Section 34, Township 6 South, Range 89 West, lying
West of the West line of the right of way of the former Colorado
Midland Railroad Co., and North of the irrigating ditch formerly
owned by D. S. Smart and taken from Four Mile Creek as the same
now exists upon the ground.
Also that portion of the Northwest Quarter of the South-
east Quarter (NW'.SE') of Section 34, Township 6 South, Range 89
West lying North of the center of Four Mile Creek,
Also that certain tract of property particularly des-
cribed in a deed dated December 31, 1969 from Chester D. Axthell and
Evelyn R. Axthell to John P. Bershenyi and Carol Bershenyi,
recorded in Book 406 at page 575, containing 9.95 acres, more
or less, reference to which deed is made for further particulars.
Excepting and reserving from the land hereby conveyed
12 acres of land situate in the Southeast Quarter of the North-
west Quarter (SENW) and the Northeast Quarter of the South-
west Quarter (NEkSWk), described in Book 19 at page 534 of the
Garfield County, Colorado records.
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Also excepting and reserving from this conveyance the
lands described in a warranty deed dated December 31st, 1969
from John P. Bershenyi and Carol A. Bershenyi as grantors to
Chester E, Axthell and Evelyn R. Axthell, recorded in Book 406
at page 576 of the records of Garfield County, Colorado.
Also excepting reservations of oil, gas and other minerals
in patents from the United States of America and in other con-
veyances in the chain of title of the grantors in and to the
lands above described.
Excepting from the land described herein the following described
parcel of land comprising 3/4 of an acre of land +/- conveyed to
Marlin (Colorado) Lot 5, LLC by deed recordeiMarch 26, 2003 as
reception no. 623601:
A Parcel of Land situated in the E1/2 of Section 34, Township 6 South, Range 89 West of the Sixth Principal Meridian,
. County of Garfield, State of Colorado; said parcel of land being more particularly described as follows:
Commencing at the Southeast corner of Section 34, an aluminum cap, L.S. No. 15710, found in place;
thence N. 15°28'57" W. 3248.33 feet to a point in the centerline of Grisly Ditch;
thence leaving said ditch N. 08°26'32" E. a distance of 73.56 feet;
thence leaving the east section line of 34 S. 88°27'41" E. 606.47 feet to a point in the centerline of the Gristy Ditch, thence
the following twenty-two (22) courses along said ditch:
1. S. 67°50'43" W. 50.47 feet
2. Along the arc of a curve to the right having a radius of 81.91 feet and a central angle of 17°47'33" a distance of 25.44
feet (chord bears S 76°44'30" W. 25.33 feet)
3. S. 85°38'16" W. 21.64 feet
4. Along the arc of a curve to the left having a radius of 172.53 feet and a central angle of 13°11'49" a distance of 39.74
feet (chord bears S. 79°02'22" W. 39.65 feet)
5. S. 72°26'28" W. 105.42 feet
6. Along the arc of a curve to the right having a radius 01145.01 feet and a central angle of 34°14'17" a distance of 86.65
feet (chord bears S. 89°33'37" W. 85.37 feet)
7. N. 73°19'15" W. 32.00 feet
8. Along the arc of a curve to the left having a radius of 265.20 feet and a central angle of 18°36'58" a distance of 86.17
feet (chord bears N. 82°37'44" W. 85.79 feet)
9. S. 88°03'46" W. 34.32 feet
10. N. 73°48'21" W. 8.01 feet
11. S. 89°1T05" W. 14.98 feet
12. N. 75°29'11" W. 15.49 feet
13. Along the arc of a curve to the left having a radius of 49.36 feet and a central angle of 17°23'08' a distance 0114.98
feet (chord bears N. 84°10'45" W. 14.92 feet)
14. S. 87°07'41" W. 6.34 feet
15. Along the arc of a curve to the right having a radius of 8.69 feet and a central angle of 34°22'50" a distance of 5.21 fee
(chord bears N. 75°40'54" W. 5.14 feet)
16. N. 58°29'29" W. 3.22 feet
17. Along the arc of a curve to the left having a radius of 23.25 feet and a central angle of 59°38'14" a distance of 24.20
feet (chord bears N. 88°18'36" W. 23.12 feet)
18. S. 61°52'17" W. 9.07 feet
19. Along the arc of a curve to the right having a radius of 105.12 feet and a central angle of 15°25'53" a distance of 28.31
feet (chord bears S. 69°35'14" W. 28.23 feet)
20. S. 77°18'11" W. 25.75 feet
21. Along the arc of a curve 10 the right having a radius of 72.72 feet a central angle of 22°03'04" and a distance of 27.99
feet (chord bears N. 78°52'15" E. 27.81 feet)
22. N. 89°53'47" E. 56.23 feet to the point of beginning.
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Together with all ditch and water rights appertaining
to or used in connection with the above described lands, in-
cluding but without limitation on the foregoing, an undivided
one-half interest in the following;
The Four Mile Ditch, being Ditch No, 19 from Four Mile
Creek in the decrees of the District Court of Garfield County,
Colorado in and for former Water District No. 38, together
with the following rights adjudicated thereto:
Priority No. 19 for 1.6 C. F, S. of water relating
back to November 6, 1881
Priority No. 221A for 1.6 C.F,S. of water relating
back to December 7, 1903
Priority No, 406H for 4.0 C. F. S. of water relating
back to July 15:1919
Priority No. 531 for 5.44 C.F. S. of water relating
back to July 29, 1947
Together with all range rights and grazing privileges
upon the public domain ranges attached to, appurtenant to,
or based upon the above described lands or any part thereof.
W'/2SW1/4 of Section 27;
SE'/,SE% of Section 28;
NW'/NW'/, of Section 34;
NE'/4NE'/4 of Section 33;
All in Township 6 South, Range 89 West of the 6m P.M.
Together with the ditch and ditch rights appurtenant thereto and .75 cfs of water out of the Rhower
Ditch from Three Mile Creek and the water right adjudicated thereto.
EXCEPTING from the property hereby conveyed and reserving to the Grantors, the SE1/4NW% of
Section 34, Township 6 South, Range 89 West of the 6`h P.M.
County of Garfield
State of Colorado
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