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HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursusant 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 Ralnh Braden respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 57.9 acre tract of land into 3 tracts of approximately 2,23 & 32 acres each, 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: i Zczw, r CLIC-s SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information. A. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; B. Vicinity map at a minimum scale of 1"-2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E . Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H . Narrative explaining why exemption is being requested; and I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J . A $100.00 fee must be submitted with the application. Pet' loner l3ox Si5 ' Mailing Adress E1.) �d City Telephone Number State land design partnership March 4, 1988 Board of County Commissioners of Garfleli County, Colorado Garfield CounLy Courthouse 109 8th Street Glenwood Springs, CO 81601 Re: Subdivision Exemption Preshana Farm Dear Commissioners: On behalf of Ralph Braden, owner, I respectfully submit the attached petition for exemption and supplemental information. Preshana Farm is a 57.9 acre parcel of what was previously kown as St. Finnbar Farm located at the intersection of Hwy. 82 and County Road 100. Mr. Braden is requesting a subdivsion exemption to splt this parcel into three tracts of 32.3, 2.1 and 23.5 approximate acres. Lot 1, 32.3 acres, contains the existing residences and equestrian facilities. The property is zoned Agiculture/Residential, Rural Density. Surrounding zoning is the same with the exception of the Ranch at Roaring single family land use that abutts Preshana Farm on the west. Also the commercial activity of Catherine Store is located at the northeast corner of Preshana Farm. The attached deeds show that St. Finnbarr farm has been divided into two parcels since January 1, 1973. Soils: The attached soils report was previously prepared primarily for the remaining areas of St.Finnbarr Farm but it also includes portions of Preshana Farm. Information regarding test pits 1, 2 & 3 are particularly applicable to the Preshana Farm portion of the site. There appear to be no serious limitations to construction on the site. Care will be required with the design of individual wastewater disposal systems due to possible ground water at shallow depths. P.O. Box 517 • Glenwood Springs, Colorado 81602 407 Seventh Street • Hotel Denver (303) 945-2246 • • Water: Domestic water will De provldeu by ind±viuuai wells Which aye protected from priority calls by water rights purchaseci from the Baslalt water Conservancy District. Application to the District will be made prior to this applicaton being presented before the Board. Preshana Farm has more than adequate high priority irrigation water rights out of the Basin Ditch. Appropriate division of these rights will be made between the newly created parcels. Wastewater Treatment: Wastewater treatment will be provided by individual treatment systems. Varification of the depth to ground water may be required on each site to determine the need for specially engineered treatment systems. Access Easement: An easement across Lot 1 provides access to Lots 2 & 3 from County Road 100. The same alignment will be utilized for primary access to the equestrian facilities and residences on Lot 1. Thank you for your consideration of this request. Sincerely, ------ e dr.M Ronald B. Liston �ti \ice/' FJ 701 tc- ) 99 �I_ • = \ — I j 0 P_ , r ooZL Oa 41 T 8889 69 5689 5689 x _ —� zE criti •::1:. gr9.E ol'Q� atflAiNnoo J. • 6Z --J ,- 6004 I"". t.2 = � 1yy1 '.1 e �sI Bfi • / .1(aa 14933 Rzcordcd at _ o'clock M Reception No. WARRANTY DEED THIS DEED, Made this 7th day of December J987 between Trudi Peet, a.k.a. Gertrude L. Peet of the * Coon:y of Garfield , State of Colorado, grantor(s) and Ralph L. Braden whose legal addressis Post Office Box 519, Aspen, Colorado 81612 of IhC County or Pi tkin , State of Colorado, grantee(s): WITNESSETII, Thal the grantor(s), for and in consideration of the sum of Ten Dollars and other good and valuable consideration ZOtificit3s. the receipt and sufficiency of which is hereby acknowledged, ha s granted, bargained, sold and conveyed. and by these presents do es grant, bargain, sell. convey, and confirm, unto the grantee(s), his heirs and assigns forever, all the real property, together with improvements. if arta. situate. lying and being in the — — — County of Garfield , State of Colorado, rlesciibcd as follows: See Exhibit "A" attached hereto and made a part hereof also known by street and nuniher as: 3275 County Road 100, Carbondale, Colorado 81623 1OGETt1ER 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, claim and demand whatsoever of the grantor(s). either in law or equity, of, in and lo the above bargained premises. with the hereditaments and appurtenances. •1O IIAVF, ANI) TO IIOLD the said premises above bargained and described with the appurtenances, unto the grantec(s), h is heirs and assigns forever. And the grantor(s), for her self, her heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantec(rt. his heirs and assigns, that at the time (lithe cnsealing and delivery of these presents. she is well sci(cil of the premises above conveyed. ha S good• sure, perfect, absolute and indefeasible estate of inheritance, in law. in fee simple. and ha s pond right, hill power and atithority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the sane are free and clear limn all former and other grants. bargains, sales, liens, taxes, :assessments, encumbrances, and restrictions of whatever kind or nalore %never, extent the Exceptions to Title listed on Exhibit "B" attached hereto. Grantee accepts the conveyance of this real property subject to the Restrictive Covenants set forth on Exhibit "C" attached hereto. l'lic grantor (%) shall and will WARRANT ANI) FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the granieets), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WI I NESS \V1ltl liOE. the grantor (s) h executed this decd on the dale set forth ahovc. / ),/ / Er __taA Trudi. Peet a/k/a Gertrude Peet STATE OF RC5d6tRf3zWX) CALIFORNIA County of Riverside The foregoing instrument was acknowledged before me this 1)' Trudi Peet, a.k.a. Gertrude L. My commission expires 1-24-9 *64.P OFFICIAL SEAL * E.STHER T. MARTI NOTARY PUBLIC—CAWO' T# wig �' ' NOTARY BOND FILED IN <enia:•t . RIVERSIDE COUNTY t `if in Denver, insert "City tad . My Commission Expires January 24, 1989 • #f++Y+##+i#t*+ft#+4+###t#i+Ylt#tt+f##i' • 4th Peet i 55, day of December Witness it)yXand and offic'al seal: .1987 N my N hlic ER T. MARTINEZ N.. n t,.. ,. i .' n.. n t v Ft) rr.,r r1,o.}no..1.61. porn, II pr., r...., sirs W („h Ave , 1 nk r...vvt. (11 ON 1 --- (1n1) )11.6mn 2 26 (:i1 1 h 67.5( d.f. EXHIBIT "A" TO WARRANTY DEED FROM TRUDI PEET TO RALPH L. BRADEN PROPERTY DESCRIPTION A parcel of land situated in a portion of Lots 3, 4, 6, 17, 18 and 19 of Section 31, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the Witness Corner to the Northeast Corner of said Section 31, a stone in place; thence S 60°01'05" W 2350.39 feet to the Southeast Corner of Reception No. 279416, also being a point on the westerly right-of-way of County Road No. 100, a rebar and cap L.S. No. 10732 in place, the True Point of Beginning; thence S 00°11'29" W along said westerly right-of- way 827.14 feet to a rebar and cap L.S. No. 10732 in place; thence continuing along said westerly right-of-way S 03°56'29" W 117.74 feet to a rebar and cap L.S. No. 10732 in place; thence continuing along said westerly right-of-way S 11°37'27" W 299.44 feet; thence leaving said westerly right-of-way N 72°41'32" W along a line being northerly of Blue Creek 136.34 feet; thence continuing along a line being northerly of Blue Creek N 77°44'52" W 317.09 feet; thence continuing along a line being northerly of Blue Creek N 62°48'46" W 375.98 feet; thence continuing along a line being northerly of Blue Creek N 41°30'29" W 89.74 feet; thence continuing along a line being northerly` of Blue Creek N 81°01'17" W. 285.92 feet; thence N 13°12'20" E 120.00 feet to a point in an existing fence; thence N 76°47'40" W along said existing fence 1038.73 feet to a point on the easterly line of Parcel "B" of Reception No. 375658 (from whence rebar and cap L.S. No. 10732 bears S 00°00'18" W 263.28 feet); thence N 00°00'18" E along said easterly line 1013.61 feet to a point on the southerly right-of-way of Colorado State Highway No. 82 as evidenced by existing right-of-way monuments and the existing centerline (whence a rebar and cap L.S. No. 3317 bears S 00°00'18" W 3.99 feet); thence S 79°56'55" E along said south- erly right-of-way 1982.77 feet ; thence S 10°30'58" W along the easterly line of said Reception No. 279416 133.47 feet to a rebar and cap L.S. No. 10732 in place; thence S 79°44'32" E along the southerly line of said Reception No. 279416 247.29 feet to the True Point of Beginning: said parcel containing 57.889 acres, more or less. Together with Grantor's right, title and interest in and to a perpetual easement covering the real property described below (the "Easement Property"); the source of such perpetual easement being set forth in that certain Agreement, Easement Grant and Mutual Release recorded October 22, 1986 in Book 697 at Page 616 under Reception No. 375658, of the Garfield County Clerk and Recorder's records. The Easement Property is described as fol- lows: EASEMENT PROPERTY DESCRIPTION A perpetual easement being a portion of Parcel "B" shown in Reception No. 375658 situated in a portion of Lot 17 of Section 31, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said easement being more particularly described as 1 Commencing at the Witness Corner to the Northeast Corner of said Section 31, a stone in place; thence S 81°10'28" W 4257.59 feet to a point on the southerly right-of-way of State High- way No. 82, the True Point of Beginning; thence S 00°00'18" W along the easterly line of said Parcel "B" 1013.61 feet to a point on an existing fence; thence N 76°47'40" W along said fence 67.27 feet to a point on the westerly line of said Parcel "B"; thence N 00°07'35" E along said west- erly line 1009.48 feet to a point on the southerly right-of-way of said State Highway No. 82; thence S 79°56'55" E along said southerly right-of-way 64.35 feet to the True Point of Beginning; said easement containing 1.496 acres, more or less. EXHIBIT "B" TO WARRANTY DEED FROM TRUDI PEET TO RALPH L. BRADEN LIST OF EXCEPTIONS TO TITLE 1. The lien for 1987 property taxes due and payable in 1988. 2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to pene- trate or intersect the premises hereby granted, as reserved in United States Patents recorded as follows: RECORDED February 19, 1915 August 11, 1894 June 24, 1895 3. Right of way for authority of the Patents recorded RECORDED August 11, 1894 June 24, 1895 BOOK/PAGE RECEPTION NO. 71/603 12/333 12/368 51238 17568 18504 ditches or canals constructed by the United States, as reserved in United States as follows: BOOK/PAGE 12/333 12/368 RECEPTION NO. 17568 18504 4. Easement and right of way for pipeline purposes as granted to Rocky Mountain Natural Gas Company, Inc. by The T 0 Ranch Company of Colorado by instrument recorded October 19, 1961 in Book 337 at page 236 as Reception No. 215439, in which specific location of the easement is not defined. 5. Easement and right of way for electric transmission or dis- tribution line purposes as granted to Holy Cross Electric Association, Inc. by Gertrude L. Janney by instrument recorded July 13, 1972 in Book 433 at Page 111 as Reception No. 254494, in which specific location of the easement is not defined. 6. Restrictions as contained in Protective Covenants, recorded April 7, 1969 in Book 401 at Page 28 as Reception No. 243115. 7. Right of way for the uninterrupted flow of the Roaring Fork River. 8. Right of way for the uninterrupted flow of Blue Creek. 9. Right of way easement as granted to Holy Cross Electric Association, Inc., by Trudi Peet by Document recorded September 17, 1984 in Book 656 at Page 856 as Reception No. 355739. 10. Terms and conditions of the Agreement, Easement Grant and Mutual Release between Gertrude L. Peet and the Ranch at Roaring Fork Homeowners Association, Inc. recorded October 22, 1986 in Book 697 at Page 616 as Reception No. 375658. -3- EXHIBIT "C' TO WARRANTY DEED FROM TRUDI PEI T TO RALPH L. BRADEN RESTRICTIVE COVENANTS The following restrictive covenants shall be binding on Grantee's heirs, successors and assigns and shall touch, concern and run with the 150 foot strip of land (the "Green Belt") which is more particularly described as follows: GREEN BELT DESCRIPTION A parcel of land situated in a portion of Lot 6, Section 31, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the Witness Corner to the Northeast Corner of said Section 31, a stone in place; thence S 41°08'04" W 3203.06 feet to a point on the westerly right-of-way of County Road No. 100, the True Point of Beginning; thence leaving said westerly right-of-way N 72°41'32" W along a line being northerly of Blue Creek 136.34 feet; thence continuing along a line being northerly of Blue Creek N 77°44'52" W 317.09 feet; thence continuing along a line being northerly of Blue Creek N 62°48'46" W 375.98 feet; thence continuing along a line being northerly of Blue Creek N 41°30'29" W 89.74 feet; thence continuing along a line being northerly of Blue Creek N 81°01'17" W 285.92 feet; thence N 13°12'20" E 120.00 feet to a point in an existing fence; thence S 77°01'23" E along said existing fence 367.75 feet; thence leaving said fence S 62°48'46" E 384.03 feet; thence S 77°44'53" E 98.58 feet to a point in an existing fence; thence S 64°21'44" E along said fence 154.50 feet; thence continuing along said fence S 73°13'08" E 183.71 feet to a point on said west- erly right-of-way; thence S 11°37'27" W along said westerly right-of-way 111.75 feet to the True Point of Beginning; said parcel containing 3.556 acres, more or less. Grantor hereby permanently restricts and dedicates the above described Green Belt as a natural pasture, grassland and stream area. In this regard, the Green Belt shall be used by Grantee and Grantee's heirs, successors and assigns solely for the pur- pose of grazing and pasturing horses or cattle and no buildings or structures shall be placed, constructed or maintained in the Green Belt without the prior written permission of the owner or owners from time to time of the property or properties which abut the southern edge of the Green Belt. • • PROPERTY OWNERS ADJACENT & WITHIN 200' OF PRESHANA FARM Russell C. & Clare C. Cutter P.O. Box 3563 Grand Junction, CO 81502 Jupiter Enterprises c/o Peter VanDomelen 315 East Hyman Ave. Aspen, CO 81611 JTEM Venture P.O. Box 11558 Fort Worth, TX 76109 Glenwood Industrial Bank c/o John A. & Susan K. Tindall P.O. Box 2014 Glenwood Springs, CO 81602 William J. & Jayne M. Gilligan 3222 County Road 100 Carbondale, CO 81623. Lael E. & Eddie V. Hughes 3844 County Road 100 Carbondale, CO 81623 Mary Ann Hyde P.O. Box 1557 Aspen, CO 81612 Stanley Lyle & Sarah K. Oliver 1087 Hooks Spur Carbondale, CO 81623 Duanne E. & Martha Shilling 15452 Hwy. 82 Carbondale, CO 81623 Trudi Peet Attn: G.L. Peet Revocable Trust #26704-1 First Trust CO.,Inc. P.O. Box 64704 St.Paul, Minn. 55164-0704 Ranch At Roaring Fork 14913 Hwy. 82 Carbondale, CO 81623 Lenonard A & Jean A. Barnes 0960 El Jebel Road El Jebel, CO 81628 Lincoln DeVore 1000 West Fillmore St. Colorado Springs, Colorado 80907 (303) 632.3593 Home Office Land Design Village Plaza, Suite 208 Glenwood Springs, CO 81601 Attn: Ron Liston Re: Gentlemen: April 4, 1979 GENERAL & ENGINEERING GEOLOGY & SOILS ST. FINBAR PROPERTY GARFIELD COUNTY, COLORADO Transmitted herewith is a report concerning the general and engineering geology and soils of the proposed development located at the St. Finbar Property, in Garfield County, Colorado. Respectfully submitted, LINCOLN-DeVORE TESTING LABORATORY, INC. By: Robert L. Bass Civil Engineer By: 11/''// Mi hael T. Weaver Professional Geologist RLB & MTW/vfb LDTL Job No. GS -987 "-2700 Highway 50 West Pueblo, Colo 81003 '303) 546-1150 P.O. Box 1427 Glenwood Springs, Colo 81601 (303) 945-6020 109 Rosemont Plaza Montrose, Colo 81401 (303) 249-7838 Reviewed"_by George D. Morris Professional Engineer P.O. Box 1882 Grand Junction, Colo 81501 (303) 242-8968 P.O. Box 1643 Rock Springs, Wyo 82901 (307) 382-2649 • • INTRODUCTION The content of this report is a geological site evaluation and subsurface soils investigation with engineering recommendations for a 142 acre parcel of land located in the west half of Section 31, Township 7 South, Range 87 West of the 6th Principal Meridian, Gar- field County, Colorado. The site lies between Highway 82 and the Roaring Fork River, just south of the Catherine Store. A 52 acre tract along Highway 82 is proposed to be left as meadow and pastureland and the remainder of the site to be subdivided into single and/or multiple family dwellings. It is our understanding that central water supply and septic disposal are to be supplied to the property by an ex- tension of the system at the Ranch at the Roaring Fork. Vegetation consists of large cottonwoods along braided stream drainages with many willows, elms and oak. Mountain grasses, shrubs and other low herbals are abundant. The site is predominately level and con- sists of terrace and river alluvial deposits of the Roar- ing Fork River. Several drainages and irrigation ditches cross the site in a westerly direction. • 1 GENERAL AND ENGINEERING GEOLOGY The proposed development area lies primarily on the floodplain of the Roaring Fork River. The potential for flooding has 11Jready been addressed by another firm; a hydrologic study was completed and a protective berm was proposed to protect the majority ofthe site from the flooding hazard. No bedrock out- crops on the site,which is covered by alluvial sands and gravels (Qal) and terrace deposits (Qt). Outcrops -in the vicinity of the site., however, indicate the underlying formation to be the Permian Age Eagle Valley Evaporite (Pev), (see figure 1). No stability problems such as landslides, debris flows, rockfalls, or soil creep exist on this site. No unusual soil hazards were encountered and detailed subsurface soils information will be discussed later in the report. Groundwater was encountered in several test pits excavated on the site and varied in depth .from 3 feet to 7 feet from the aground surface. Running surface water was observed in all drainages that crossed the site. Several natural dams and ponds were also noted. This high water table will probably rise as runoff increases, and may present a construction problem in some lower areas. No unusual radiation hazard exists on or near this site. The seismic risk is assigned to haz- ard Zone 1, in Section 2314 of the Uniform Building Code. This is a regional risk and not specific to this site. The sands and gravels present on this site represent an extractable mineral resource, however, with the tremendous amounts of gravel present through- out the Roaring Fork Valley, removal of this deposit from the over-all resource should not prelude the proposed develop- ment. • • TEST PITS.L LABORATORY TESTS AND RESULTS Ten test pits were excavated on this site at locations indicated on the enclosed Test Pit Location Diagram. These test pits were placed in such a manner as to obtain a reasonably good profile of the sub- surface soils. While some variation was,noted from point to point the subsurface profile encountered was judged sufficiently uniform that no further test pits were deemed necessary. All test pits were excavated with a hydraulic backhoe. Samples were taken by bulk methods.. The soil profile encountered on this site can broadly be characterized as a two layer system. The upper layer of this system consisted of a reddish brown silty clay material which was in generally low density, high moisture condition. The second layer consisted of a coarse grained poorly graded gravel which contained numerous cobble and boulder sized particles. This coarse grain material is representative of the alluvial river terrace deposit, of the Roaring Fork River. A thin veneer of organic topsoil material was encountered at the ground surface across the majority of this site. The samples obtained during our field exploration program have been grouped into two soil types. These two soil types are representative of the respective layers of the previously described two layer soil profile. More precise engineering characteristics of these two soil types are given on the enclosed summary sheets. The following discussion will be general in nature. -4- • • Soil Type No. 1 classified as silty clay (CL/ML) with a considerable portion of sand size particles. Generally, this material is slightly plastic, of low permeability and was encountered in a low density, high moisture condition. In the condition in which this material was encountered, it should not have a significant tendency to expand upon the addition of moisture. It will however, have a distinct tendency to long-term consolidation under load. Additionally, this material will have a very low bearing capacity value. It was encountered in a rel- atively thin layer across the site however, and it is recom- mended that foundation penetrate through this silty clay material and rest on the underlying alluvial gravels. Soil Type No. 1 contains sulfates in detrimental quantities. Soil Type No. 2 classified as a poorly graded gravel (GP) of coarse grain size. This material contained numerous, cobble and boulder sized par- ticles which obviously cannot be accura; ely represented on the enclosed grain size curve. Generally, this material is non -plastic, permeable and was encountered in a moderate density condition. It will have no tendency to expand upon the addition of moisture,nor any tendency to long-term consolidation under load. Granular materials such as this often do exhibit settlement upon application of foundation stresses or vibration, but if maximum allowable bearing capacity values are not exceeded, and balancing and rein- forcing recommendations are carefully followed, it is not felt that settlement of this material will create any pro- blems. At any rate settlement will be fairly rapid and will • probably be complete by the end of construction. Foundations resting on the material cfScrii Type No. 2 may be proportioned on the basis of a maximum allowable bearing capacity of 3000 psf, with no minimum pressure required. Soil Type No. 2 was not found to contain sulfates in detrimental quantites. Ts has been previously mentioned in this report free water was encountered in several of the test borings, at depths ranging from 3 to 7 feet beneath the ground surface, at the time of excavation. This free water level is the result of the presence of the Roaring Fork River, of numerous ditches located on the site,and of local seepage and runoff. The free water level can be expected to rise from the elevations encountered during wetter seasons and could conceivably rise virtually to the ground surface in some locations on this site. The presence of free water will require special consideration in the design and con- struction of foundations. Basement type foundations are not recommended and all floors of structures should be con- structed well above the finished exterior ground surface. Dewatering techniques may be required in the installation of foundations. • • Tis/ "Poi ,G ocv ion £ 4 grtzt 7 LINCOLN LIDon/ORE ENGINEERS• GEOLOGISTS COLORADO: COLORADO SPRINGS, PUEBLO, GLENWOOD SPRINGS, GRAND JUNCTION , MONTROSE , ARV— cre,41/0,40.40e/7 WYOMING: ROCK SPRINGS • • T. 88 W. T. 87 W. ..'.i• I f'`7' .; O• .Ij �, w 1 Til- I , •\ ! , 20 Q_,.<s :• ;,, o .} '• o e ° 0 0 0 o O p • : O a e o ° 0 e o -1=r-;--::'F :4 , ;'" -?'''.%-lPev 4w ;,,Y,-' i .4 /A�/ O o`-: 0 0 ° 0 e 0 ° e e C 0 0 0 0 o O 0° 0 ° 0 0 O O 0 e o o e c o V 2 5 a ••,. ° O yrs 0 0 O .., - 1. l..f�t- . . t 2- �,, f..l ' —•# -' �_;�' ���,r .1 j:.C' '? - � !or ,r• J�` .i r:' ., . 1”- '.Y oO Tb • , '.r'r•'•.-'.."ii r , �.. -: •, r,...-„t�llfr .-.ri,-,•,f... r_ 4� f,...A ` • ---% ; c•-:,- I•'r ,.: r,- -•'j` -+'-.' ;-.lFPev- -':;, ,,.•._ . fP • .„, pr Z. ;''i .ice .` .. V rc -'•y r. .'. 7•.,. -,--•,',• •_ 130- "7.-:i...-�- .,. : ..r -'- 0 r 1 :-:.• . 29 V6% (� !i k'` k ♦� 7 O 0 ° 0 ° p ° 0 0 rAr r� .` rr -' �., r• a C O o o O o 0 t ti. •-•4 4 a� ae 0 Cr0 `✓r,-, f _• '� ;r. �.... - �r ,r/ . r o a,, 0 o s _ J� �rf,J.. /,.ti v',w ..ai(o �. 4 � �'t• • Y .',.i.. •�. r{. 1r �• I' .�.1 ` y, ./I.1 ,- r • °'0 r •'-�J////� i1. ITev .‘. V..: I •.../rte r,*r".. • '�. J`a - rRYis J•.(. { h rr x•00 •'I:i• -lr.1.,, -`• ,.,e,A �, A....-, 1..' .', 0 4 x YL} w A\ -. ,1.MM� S'. YF '+Y\' • Z. = o 0 o • fJ ! .-",..-7, " 0 v . ir r�-L r , ir_,'• ( f 0 ^� �• ��� �' ` `.y {}�1'Q Y C thsnr Oal 9 "� ! �Y _} b S F tA�r ••yy,, _. . �F n � o 7" .YF -a ; �\�`\ :: 0 OQCw 0 0 0 0 0 O o 0 O O ��\\ ' ° �;'", �� .,. y` K � .: • • k Pi �*--\--------.......---.• � SITE nal ` r ji 9r.r 3. 2 _w.- � � �.\~. 0 O O 41 O ° ° ° • 'T. + y �.�-.. ape - w 0 •1 •t _ ,-' `.. - - 3�t� a:SiS"— L ' LEGEND N MN QaI Alluvium- sand a gravel Terrace, Younger, 2= older '?2CSI4hNIJ FINQ.Ne, o 'dcw°,° Colluvial wedge- slopewash 14° .'`Qc::. Colluvium -gravity transported ... as ;•., ••,QIs•:e , Landslide deposit ,0,:0f•': ^. Alluvial -debris fan 0 200d 4000 600d Tb Basalt ' �-� �� f;>} evr":� SCALE IN FEET Eagle Valley Evaporite 3/29/79 PROJECT # GS -987 ST FINBAR FARM PROPERTY GARFIELD COUNTYCOLORADO LINCOLN L. aevdRE ENGINEERS• GEOLOGISTS COLORADO%COLORADO SPRINGS, PUEBLO, GLENWOOD SPRINGS, GRAND JUNCTION , MONTROSE , WYOMING: ROCK SPRINGS FIGURE 1. • SOILS DESCRIPTIONS: SYMBOL USCS DESCRIPTION ROCK DESCRIPTIONS: SY"MOL OESCR/PT/0_ SYMBOLS & NOTES: SYMBOL DESCR/PT/ON 'X, lc/ 'wTopsoil Q .„6 -Ce; SEDIMENTARY ROCK$ Free • water 9/12 Standard penetration drive Numbers indicate 9 blows to drive the spoon 12" into ground, ST 2-1/2"Shelby thin wall sample Wo Natural Moisture Content Wx Weathered Materia! Free water table :j:�•'Qo• CONGLOMERATE ',, \ —_ - - SANDSTONE SILTSTONE o0 0.0 0 0 0:0: o:o.ua Man-made Fill GW Well -graded Gravel 0 0 0:, 0 0 00 ooco 0 GP Poorly -graded Gravel= _ = ___ SHALE °01 co o o o 0 0/� GM Silty Gravel GC Clayey Gravel x x x x x x ^k y` =fir g _ g r ' �' CLAYSTONE COAL_ LIMESTONE DOLOMITE SW Well -graded Sand 9 15' Wx Yo Natural dry density T.B. - Disturbed Bulk Sample 0 Soil type related to samples in report Top of formation i 1 i SP Poorly -graded Sand 11 •I (i! i I SM Silty Sand MARLSTONE II GYPSUM ,/// SC Clayey Sand = Other Sedimentary Rocks 111 / ML Low plasticity Silt CL Low -plasticity Clay Y y /.. I I ��/C"'\ 11 /, ++4 ± {+ V: -• .//......1/ _, -1- �� 4,- a t sil.II '' o^� �e _:.. •®e '0: "--' 1' nt ,- - 777%AIETAMORFHIC / IGNEOUS ROCK$ GRANITIC ROCKS DIORITIC ROCKS _ • GAF3BR0 _ RHYOLITE ANDESITE BASALT C� TUFF U1 ASH FLOWS •• BRECCIA a Other Volcanics r Other Igneous Rocks ROCKS Form [Sl F- k Standard by driving sampler 1401b.weight des. D-1586. Samples spoon thin wall samples. The boring at the not warranted of subsurface and times. Test Boring Location Test Pit Location --t Seismic or Resistivity Station. Lineation indicates approx. length a orientation of spread (S r Seismic , R. Resistivity ) Penetration Drives are made a standard IA" split spoon into the ground by dropping a 30". ASTM test may be bulk, standard split ( both disturbed) or 2-1/2" I. D. ("undisturbed") Shelby tube See log for type. logs show subsurface conditions dates and locations shown ,and it is that they are representative conditions at other locations ( I f OL Low plasticity Organic Silt and Clay { ' i I MH High -plasticity Silt CH High -plasticity Clay - —7 _ OH High -plasticity Organic Clay ,„ '-"- _t_ `" Pt Peat r. _t_ o �o o �,°, i GW/GM Well- graded Gravel, Silty o GW/GC Well -graded Gravel,,:.96..7 Clayey 0000 0000v00 a' o GP/GM Poorly -graded Gravel, Silty 0 o°o ° - 0O o°, �' GP/GC Poorly -graded Gravel, ° Clayey GM/GC Silty Gravel, Clayey „`T'(l '%.�/l� `�/� j.. GNEISS SCHIST ' �' • GC/GM Clayey Gravel, Silty Well- graded Sand, Silty % x`I \- t►'' , _ .. : ' a c>‹..> oo , PHYLLITE SLATE METAC?UARTZITE MARBLE 2SW/SM; .... ' SW/SC Well- graded Sand, .. Clayey i 1I ill I i l ill SP/SM Poorly -graded Sand, Silty ,{%'1�/�/ HORNFELS 1, SP/SC Poorly- graded Sand, Clayey ille / 0 ' SM/SC Silty Sand, Clayey ' . . • SC/SM Clayey Sand, Silty r o .'i- f 'I �� SERPENTINE Other Metamorphic Rocks CL/ML Silty Clay L� LINCOLN TESTING LAOORAT oRY COLORADO Colorado Springs, Pueblo, Glenwood Springs, Montrose, Gunnison, Grand Junction.- WYO.-Rock Spring! EXPLANATION OF BOREHOLE LOGS AND LOCATION DIAGRAMS • 1 TEST HOLE N0. / a 3 TOP ELEVATION _ `_ —2 4 E E 1-- [ w 11.1 E L.L. z _ — F-- 0. — l,s 0 s; ./r/,, � ,rte p ( r' _� .Re01-.8,i .4. aryg."--S I0 III to, T. L, p'i> --— _ -_ — _ _ r — - Solt! „ LeAr.or V _ — 6P !.o^Y.:00Co �, Art'-‘4C•voi Afars ic, /ail/ ,4ars/R,.:. .Sc�r,r5'iatie G'a��✓ C 4, ,,� �-9,, ".� . 04 6 ~% • • �!lq��+l __ - a .. _ . 0000 '' .. �,�.. 7741 i"•1•. es,..,, mei: . �ffeo',.i 4$/ fy.ccilf id /1- i4ouo sli?,a `' Cah.6/e�S �`'b`b moo" r• �'� o000 — — —1 4:::i. 4 — �—" r/:y ,/rlde9ry' Cn-tr'aG'✓ Nea'',css�r /'110w.r - - '.. . , : ..."„).645/,;:s -CC . ..iiregc ' o f ..-. 0 v �� T. £6� . z 4/./..,- 1 — _ _ _ — — — — —, •—• — - , _ .__, DRILL{NLOGS V 4A.L� �Rt G LINCOLN DOVCRF ENGINEERS• GEOLOGISTS COLORADO: COLORADO PUEBLO,GLENWOOD SPRINGS, GRAND JUNCTION , MONTROSE WYOMING: ROCK SPRINGS SPRINGS,? , — ��� • • Soil Sample Si/ SUMMARY SHEET M, Location s{. F;;70,44,/- v r/ p_ ged Test No. GS -967 Dote s/e7f7.p Boring No. __Depth i�/e Sample No. / Test by Natural Water Content (w) /4.Z Specific Gravity (Gs) .72 In 'lace Density (To) pcf SIEVE ANALYSIS: Sieve No. 1 1/2" 1 I' % Passing 3/4" 1/2" 4 /00 90.9 10 9B. z 20 40 0/.3 100 200 bf.� 97.6 HYDROMETER ANALYSIS: Grain size (mm) 0/0 .Ct 4Z.o SOIL ANALYSIS Plastic Limit P.L. Z/.4 % Liquid Limit L. L. eG•G.._% Plasticity Index P.I. .s_.z % Shrinkage Limit Z46 % Flow Index Shrinkage Ratio Volumetric Change Lineal Shrinkage MOISTURE DENSITY: ASTM METHOD Optimum Moisture Content - w° Maximum Dry Density -Td ,pcf California Bearing Ratio (a4 Swell. Days Swell against psf Wo BEARING: House! Penetrometer (av) psf Unconfined Compression (qu) psf Plate Bearing• psf Inches Settlement Consolidation % under psf PERMEABILITY: K (at 20°C) Void Ratio Sulfates /' LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS, COLORADO • • Soil Sample ibor 6i e►d Gr,••kel Project S/ .Ci:i.'6v'- Sample Location 7'1'/--/4 4 Der, rih 100 90 80 70 60 50 40 30 20 10 0 Test No. S-}$7 Date 37.z7,/79 Test by 1Y2" 14" 2' 3" #4 #10 #20 4440 4#100 4200 - Sieve No. Sample No. Specific Gravity Moisture Content Effective Size Cu Cc Z o.4Z O. /G Fineness Modulus L.L. P.I.4/,a % BEARING ..7404 psf GRAIN SIZE ANALYSIS 1 Sieve Size 2' % Passing /Oo 1 1/2" 1" 3/4" 85.5 - le 3.40 47/ 1/2" 41.9 3/8" ¢D. L 4 37.1 10 34.9 20 aa.Z 40 9.7 100 2.4 200 / ¢ 0200 io Sulfates ,V.5. /ve PPm LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS, COLORADO GRAVEL SAND SILT TO CLAY Coarse Fine Co. Medium Fine Nonplastic to Plastic Ell� :ii.. - —1 - T no If D ame er- it n 1. 1Y2" 14" 2' 3" #4 #10 #20 4440 4#100 4200 - Sieve No. Sample No. Specific Gravity Moisture Content Effective Size Cu Cc Z o.4Z O. /G Fineness Modulus L.L. P.I.4/,a % BEARING ..7404 psf GRAIN SIZE ANALYSIS 1 Sieve Size 2' % Passing /Oo 1 1/2" 1" 3/4" 85.5 - le 3.40 47/ 1/2" 41.9 3/8" ¢D. L 4 37.1 10 34.9 20 aa.Z 40 9.7 100 2.4 200 / ¢ 0200 io Sulfates ,V.5. /ve PPm LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS, COLORADO s • Recorded at 3:52 P.M. Aril Reception No. 243112 Chas.S7beegan,Recorder. Page Book423 STATE DOCUMENTARY REE GENERAL WARRANTY DEED wgs THIS DEED, made this 31st day of March, in the year of our Lord one thousand nine hundred and sixty nine, between THE T. O. RANCH COMPANY OF COLORADO, a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, of the first part, and GERTRUDE L. JANNEY, of the County of Pitkin, State of Colorado, of the second part: WITNESSETH, that the said party of the first part, for and in consideration of the sum of $300,000.00, of which $500.00 is attrib- utable to personal property, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, hath granted, bargained, sold, and conveyed, and these presents doth grant, bargain, sell, convey, and confirm unto the said party of the second part, her heirs, and assigns forever, all of the followingdescribed lying, parcels of land, sit- uate, y g, and being in the County of Garfield, State of Colorado, to wit: All that property located in Section 31, Township 7 South, Range 87 West of the 6th P. M., described as follows: All of Lots 3, 4, and 18 lying South of State Highway No. 82 and Lots 6, 12, 13, and 19 and the Northeast 4 of the Southwest 1/4, together with all improvements thereon, including lawn, crops, grass, fences, trees, and landscaping, in their present condition, ordinary wear and tear excepted; Excepting therefrom the following: A. A tract of land situated in Lot 3, described as follows: Beginning at a point on the Southerly line of State Highway No. 82 at the intersection with the Westerly line of County Road whence the Witness Corner to the Northeast corner of said Section 31 bears North 62'59' East 2,285.40 feet; thence North 80'00' West 222.28 feet along the Southerly line of the said State Highway No. 82; thence South 10030' West 134.15 feet; thence South 79°45'30" East 247.29 feet to a point on the Wes- terly line of said County Road; thence Northerly 137.27 feet along the Westerly line of said County Road to the point of beginning, containing 0.73 acres, more or less; B. All that portion of Lot 12, Section 31, lying South of the Roaring Fork River; Book 401 Page 24 C. All that portion of the Northeast 4 of the South- west 4 lying between the right of way of the Denver and Rio Grande Railroad and the main channel of the Roaring Fork River; D. Right of way for North-South County Road from Catherine Bridge crossing the Roaring Fork River across the Northeast 4 of the Southwest 4, Lot 6, and along the boundary between Lots 2 and 3; E. That portion of Lot 6 and the Northeast 4 of the Southwest 4 lying Easterly of the North-South County Road from Catherine Bridge crossing the Roaring Fork River to State Highway No. 82; F. Right of way for State Highway No. 82; TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion or reversions, remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, claim, and demand whatsoever of the said party of the first part, either in law or equity, of, in, and to the above bargained premises with the here- ditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the said party of the second part, her heirs and assigns forever. The said party of the first part, for itself, and its successors, doth covenant, grant, bargain, and agree to and with the said party of the second part, her heirs and assigns, that at the time of the ensealing and delivery of these presents it is well seized of the premises above conveyed, as of a good, sure, perfect, absolute, and indefeasible estate of inherit- ance, in law, in fee simple, and hath good right, full power, and lawful authority to grant, bargain, sell, and convey the same in the manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of whatever kind or nature soever, •except the following: A. Ditch, pipeline, utility, and ingress and egress easements and rights of way, if any, of record or visible on the premises; B. Patent reservations, if any, including the right of the proprietor of a vein or lode to extract and remove his ore, should the same be found to penetrate or intersect the premises; C. Benefits, liabilities, assessments, levies, and liens, if any, as the result of the inclusion of the above described property within Mt. Sopris Soil Conservation District, Carbondale and Rural Fire Protection District, and Basalt Water Con- servancy District, together with any other similar special statutory districts; D. Rights, if any, under oil and gas lease dated May 5, 1960, recorded June 12, 1960, in Book 328, page 233, of the Garfield County records; - 2 - Book 401 Page 25 E. All railroads and roadways, and railroad and road- way rights of way; F. Zoning ordinances and regulations, if any; G. Possessory rights of Tom Zordel in and to the larger tenant house, which rights (being the right to occupy said premises without rent and with no utility expense) shall continue no longer than June 10, 1969; H. Possessory rights of Stephen Strang, Sr. in and to the smaller tenant house, which rights are based upon a month-to-month tenancy at the rate of $125.00 per month; I. Taxes and governmental assessments for the calendar year 1969, and subsequent years, it being understood and agreed that the Seller shall be liable for 1968 taxes, in full; J. Any portion of the above premises, title to which may have been lost or acquired by reason of mislocation of fence lines; provided, however, party of the first part does hereby remise, release, sell, convey, and quit claim unto the said party of the second part any and all portions of the above described premises title to which may have been lost or acquired by reason of mislocation of said fence lines; And the said party of the first part shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the said party of the second part, her heirs and assigns, against all and every person or per- sons lawfully claiming or to claim the whole or any part thereof, except as hereinabove provided. IN WITNESS WHEREOF, the said party of the first part hath caused its corporate name to be hereunto subscribed by its president, and its corporate seal to be hereunto affixed, attested by its sec- retary, the day and year first above written. ATT 'Se e II p4�, ''' - %% ..- • - • , �� .7c!a By - :1;) '`� 2+ •w r-1:.. Secretary •• -. S`r7 TE= ', COL'Of&ADO ) 'c • ) ss. COJ,INV�Y,, OF e.GA• RF IELD ) The foregoing instrument was acknowledged before me this 31st day of March, 1969, by Alexander D. Thomson, as President and Charlottb +shite Thomson, as.Secretary of The T. O. Ranch Company of Co,'....'"d%. do ••a ,Ocorado corporation. .. A My Commission a pires July 25, 1970 X10 ny?.. bremission expires ...:.:,*i••:••,04.•,-...::*: j ‘� p .. LIi6tib4s my hand and official seal. >'ti •• .. : O ( ) '''' Notary Public% — 3 — THE T. O. RANCH COMPANY OF COLORADO President /21979 Recorded at /D o i�lrxk /7 D7 T BOOK 58f) i' CE2_ o Reception No.rS: 1....a -?9 )9) t.e.d. -4 0 Recorder TIAs DEED, Made this 1st day of October . 19 79 between GERTRUDE LAMBORN PEET, formerly Gertrude L. Janney, of the County of Pitkin and State of Colorado, of the first part, and J E PROPERTIES, a Colorado general partnership whose general partners are Jack W. Jenkins /vlE(dsh/Ift(;rlfdl/I/d,/fs' and Eleanor A. Jenkins and whose address is 17605 Highway 82, Carbondale, Colorado 81623 of the County of Carfieldand State of Colorado, of the second part: OCT -2 1979 SIVE m1CUMrI1fl. f FEE WITNESSETH, That the said part y of the first part. for and in consideration of the sum of ONE HUNDRED DOLLARS and other good and valuable consideration L>'i/1/'L4ft0 to the said part y of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted. bargained. sold and conveyed, and by these prestnts does grant. bargain. sell. convey and confirm, unto thc said part y of thc second part, its successors I/grtds/and assigns forever, all the following described lot s or parcels of land, situate. lying and being in the County of Garfield and State of Colorado, to wit: All that property located in Section 31, Township 7 South, Range 87 West of the 6th Principal Meridian, described as follows: All of Lots 3, 4 and 18 lying South of State Highway No 82 and Lots 6, 12, 13 anc1 19 and the NEtiSW%. TOGETHER with any and all water rights, ditch and ditch rights, well rights, reservoir and reservoir rights, rights and interest in mutual ditch companies and reservoir companies, historically used upon, in connection with, or appurtenant to the above described premises; II EXCEPTING therefrom the following: it A. A tract of land situated in Lot 3, described as follows: Beginning at a point on the Southerly line of State Highway t,i. 82 at the intersection with ; the Westerly line of County Road whence the Witness Corner to the Northeast corner of said Section 31 bears North 62°59' East 2,285.40 feet; thence North 80°00' West 222.28 feet along the Southerly line of the said State Highway No. 82; thence South 10°30' West 134.15 feet; thence South 79°45'30" Ear.t 247.29 feet to a point on the Westerly line of said County Road; thence Northerly 137.27 feet along the Westerly line of said County Road to the point of beginning. B. All that portion of Lot 12 and the NE!SW', Section 31, lying Southerly of thy, centerline of the Roaring Fork River. C. Right of way for North-South County Road from Catherine Bridge crossing the Roaring Fork River across the NE1/4SW1/4, Lot 6, and along the boundary between Lots 2 and 3. D. That portion of Lot 6 and the NEf4SW' lying Easterly of the North-South County' Road from Catherine Bridge crossing the Roaring Fork River to State Highway No. 82. E. Right of way for State Highway No. 82. also known asAfr /t/jrfcl'fif1sW,H St. Finnbarr Farm. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the t eversion and reversions. remainder and remainders. rents, issues and profits thereof; and ail the estate, right, title. interest, claim and demand whatsoever of the said part y of the first part, either in law or equity, of, in and to the above bargained premises. with the hereditaments and appurtenances. No. 461 WARRANTY D1:FD — For Photographic Record. Rt afford Publishing Co., 1824-46 Stout Sticet, Denver. Colorado—IOU '.!Ci BOOK 536 P4GE3 !. 9 TO HAVE AND TO HOLD the said premises above bargained and described, with the }appuurtenancthc4, unto t the sue e's art, said part y of the second Part,its rrand assigns forever. And the said pa. t for herscf ,her heirs, executors, and administrators, do es covenant, grant, bargain and agree to and with 4�t;es. oof the said party of the second part its /`i � i �n�1 a=sirs gns, that at the time of the ensenling and delivery these presents she is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha s good right, full power and lawful authority to grant, bargain, 3011 and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, 8ssesameats and encumbrances of whatever kind or nature soever, EXCEPT taxes and assessments for 1979 and subsequent yeat ars, 333 ands and dgBoo of way pagerved 603,ieasementsPatents Bookrecorded atlpageBook 2362and pages oks 333 and 368 and Book 71 at page governmental 433 at page 111, restrictive covenants in Book 401 at page 28, g building and zoning regulations and right of way for the uninterrupted flow of the Roaring Fork River, and the above bargained premises in the quiet and peaceable possession of the said part y of the second part, its ng or to Claim the auccart e§tandass art against of theid every person or persons lawfully f first part shall and will WARRANT AND, FOREVER DEFEND. or any part thereof, the said part y IN WITNESS WIIEREOF, the said part y of the first part ha s hereunto set her hand and seal the day and year first above written. f,(/ ... tffi. SEAL) Signed, sealed and Delivered in the Presenee of G t r 1 e Lamb rn Peet, form r ] y Gertrude L. Janney [SEAL] !SEAL) STATE OF COLORADO, jqa County of Pitkin October The foregoing instrument was acknowledged before me this first day of 19,,.79 ..,by. GERTRUDE LAMBORN PEET, formerly Gertrude L. Janney. ilycommirkmexnires,, 19 t/ . Witness my hand and official seal. a'' J (f) 0 1-4 Y .S O , z : E E a7 ri W Not.,r • Wit. t.•.VM171983A1In „t73:54..4 fluNirElt. Ww. 336093 ity THIS DEED, Made Jt%trtry 1.7 , 1983 , between Ella Stephens as the Public Trustee, of the County of Garfield Colorado, and Trudi Peet Purchaser(s), whose street address is 3275 100 load City or Town of Carbondale County of Garfield and State of ColJrado Whereas, J.E. Properties, a Colorado general partnership, whose partners are Jack W. Jenkins and Eleanor A. Jenkins did, by Deed of Trust dated October 1 , is 79 , and recorded in the office of the Clerk and Recorder of the County of Garfield , Colorado, on October 2 , 19 79 , in Book 536 at Page 320 , (Film No. , Reception No298140 1• convey to the Public Trustee in Trust the property hereinafter described to secure the payment of the indebtedness provided in said Deed of Trust; and IF'1•I Ty. , WITNESSETH: general Whereas, violation having been made in certain of the terms and covenants of said Deed of Trust as shown by the notice of election •nd demand for sale filed with the Public Trustee, a copy thereof being recorded in the office of said County Clerk and Recorder, the said property was advertised for sale at public auction at the place and in the manner provided by law and by said Deed of Trust and a copy of the notice of sale was in apt time mailed to the person; required by statute, and said property was In pursuance of said notice sold to Trudi Peet for the sum hereinafter set forth and a certificate of purchase thereof was made and recorded•• and said property not having been redeemed from said sale; Now, Therefore, the Public Trustee pursuant to the power and authority vested in h er by law and by the said Deed of Trust as such Public Trustee and in consideration of the sum of $ 124, 160.00 to the Public Trustee paid by the said Purcitaser(s), the receipt whereof is hereby acknowledged, conveys to the said Purchaser(i5, h er heirs, successors and assigns forever••' all the right, title and Interest which the Public Trustee acquired pursuant to said Deed of Trust in and to the following described prop- erty situate In the County of Garfield , Colorado, to wit: See Exhibit "A" attached hereto and trade a part hereof. Note: This is a partial Public Trustee's deed given to replace in part that certain Public Trustee's deed recorded in Book 581 at Page 749 of the records of Garfield County, Colorado, and is given pursuant to an Order Modifying June 18, 1982 Order and Granting Relief from Stay issued Navember.9, 1982 by the United States Bankruptcy Court for the District oftCo2orad6, Case No. 81B03404K and 81BO3405Mc, Proceeding No. 82C0924. •••tf.• 7p Piave and to Hold the same unto the said Purchaser(ti) • '1 Ex*eeted. the day and year first above written. .,,, el 1.• h er County of heirs, successors and assigns forever. (SEAL] Public Trustee of the Garfield , Colorado. STATE OF COLORADO, ss. County of Garfield The foregoing instrument was acknowledged before me this 17th day of January 19 83 , by ' `-Ella Stephens as the Public Trustee of the County of ('arfield Colorado. `chary •+ht� co,rnmi{ajon expires •A P U �Yttn'a3S mlf:hand and official seal. 1r.,r t 7t• 1,1?,1. •tn'eo t1cs sales& tok and page numbers have been abolished. ••If cert%f),s$e•Iths been assigned Insert "and said certificate of pure corporation. set forth name of corporation and state of Incorporation. •••Change for Joint Tenancy. joit �,aed 'TT'// Notary IIC ase .wasassigned to ItYrtffir7silg Mailing Address for ..... Future Tax Notices Name Mailing Address NO. 334P—nevuro s-» PUBLIC TRUSTEE'S DEED–r"t c r "occncL co.. otnv[n. COLO. 2.007 A IiXlI1I+I'I' "A" 1300K 61.7 riE i(1 A11 that portion of the folio described property (known :.s St. Finnbarr Farm) lying south of t ho centerline inr. of Blue Creek: All that property located in Section 31, Township 7 South, Range 87 West of the 6th Principal Mcridi.in doscribcd as follows: All of Lots 3, 4 and 18 lying South of State Ilighway tlo. 82 and Lots 6, 12, 13 and 19 and the N1;':Sl)',. TOGETHER with any and all water right,, ditch and ditch rights, well rights, reservoir and reservoir rights, rights and interest in mutual ditch companies and reservoir companies, historically used upon, in connection with, or appurtenant to the above described premises; EXCEPTING therefrom the following: A. A tract of land situated in Lot 1, described as follows: Beginning at a point on the Southerly line of State Ilighway No. 82 at the intersection with the Westerly line of County Road whence the Witness Corner to the Northeast corner of said Section 31 bears North East 2,285.40 feet; thence North 80°OO' West 2??.78 feet along the Southerly line of the said State lIighw.r.• No. 82; thence South 10°30' West 134.15 feet; thence South 79°45'30" East 247.29 feet to a point on the Westerly line of said County Road; thence Northerly 137.27 fort along the Westerly line of said County Road to the point of beginning. B. All that portion of Lot 12 and the NE;SW;, Section ''1, lying Southerly of the centerline of the Roaring Fork River. C. Right of way for North-South County Road from Catherine Bridge crossing the Roaring Fork River across the NE;SW;, Lot 6, and along the boundary between Lots 2 and 3. D. That portion of Lot 6 and the NE;SW; lying Easterly of the North-South Coat.:.y Road frc:7 Catherine Bria3e 'ssirg the Roaring Fork River. to State Ilighway No. 82. E. Right of way for State Ilighway No. 82 l„xfCyrt's.i`K/t1y?.:''y�A iA"Yf. J!'!'i.`11!'7 ii', s} +!3+ • • • • 14933 Recorded al N: `J/0'clock Recepign No. 3890173 C 7 1987 WARRANTY DEED THIS DEED, Mad. this 7th (Myth December . 1987 between Trudi Peet, a.k.a. Gertrude L. Peet 01 6, County of Garfield , Male ul ('uluradu, gl anmrol :utJ Ralph L. Braden whose legal address is Post Office Box 519, Aspen, Colorado 81612 of the County of Pitkin Recorder. i, � � ►', 725 P."E 792 (q11 ) GARFIELD DEC 07 1987 Stato Doc. fea $ (�7. 5, . Slat. of 1 tilorado, granleelsl: WITNESSETH, That the granror(sl. forand in cunsiderauon ol'the sum of Ten Dollars and other good and valuable consideration =WOOL the receipt and sufficiency of which is hereby elckuowdedged, id S granted. halgauncd, sold and cuuvycd. and by these presents do es grant, bargain, sell, convey, and mud truss amu the gramma sl. his heirs and assigns liaever, all the real properly, together with improvements. if any, situate, lying and being um he Comity 01 Ga rf lel d , Slate 41 Colorado. described as Wows: See Exhibit "A" attached hereto and made a part hereof also known by street and number as: 3275 County Road 100, Carbondale, Colorado 81623 TOGETHER with all and singular the hereditaments and appuncnances Thereto belonging, or in anywise appertaining. and the reversion and inversions, remainder and remainders, rents, issues and profits Ihereol, and all the estate, ri_ht. ode, interest..lain and demand whatsoever of the grantor(s), either in law or equity, ol, in and to the ab se bargatticd premkes. with dm lKrednalnenls and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described w nh the appurtenances. unto the grantee(s), his heirs and assigns forever. And the grammre), lis her serf, her heirs and personal representatives, does covenant, grant. bargain, and agree to and with the grwnee(sk his heirs and assigns. that at the line of the enseuhng and deliver in -these presents, she is well seized of the premises above conveyed, ha S good, sure, perfect. absolute and indeleaslhle estate of inheritance. in law, in fee simple, and ha S gall right, full puwarmd authority h1 grant. bargain, sell and coney the same in manner and form as aforesaid, and that the same are free and clear from all limner and other grants. bargmns, sales. liens, taxes. assessments, en uuubrulces. and resrrictiuns of whatever kind or nalure soever except the Exceptions to Title listed on Exhibit "B" attached hereto. Grantee accepts the conveyance of this real property subject to the Restrictive Covenants set forth on Exhibit "C" attached hereto. The grantor) sl shall and will WARRANT ANL) FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantedsk his heirs and assigns, against all and every person or persons lawfully claiming the whole or any pan thereof. IN WITNESS WHEREOF, the grantor Is h executed this deed 00 the dale set Molt above. ..A4016IMF L Yt 67.50 d.f. Trudi Peet a/k/a Gertrud sTAI I uF $ Wb4 Mll[) CAL 1 PORN [A county tlf Riverside The foregoing instrument was acknowledged balite me this 4th day of December by Trudi Peet, a.k.a. Gertrude L. Peet My commission expires Witness 1 and and oOM. I seal. 1-24-89 *.***4**************** i4*t4**** •.VX- , eet SS. r * OFFICIAL SF.AI. ( .1987 ESTHER T. MARTIN Ni ;40 NOTARY PUBLIC—CALIFOR TIER T. MARTINEZ NOTARY BOND FILED IN RIVERSIDE COUNTY y •11 in in Denver, insert "City id My CommissionE.pires Jarluary 24, 1989 • No. 932. Rev.3 4{5. wARRAN1 a 1,1,1111F„r I'hnlographic Record) Rraliord W"hsh,ng34425 0 NI) Air 01014 —114131 331."4111 N xh ti "a„`x+p.4•.:; i174:0-At;*si> G/ ate • • 'b .. 725 ?E`" ' -' EXHIBIT 'A' TO WARRANTY DEED FROM TRUDI PEET TO RALPH L. BRADEN PROPERTY DESCRIPTION A parcel of land situated in a portion of Lots 3, 4, 6, 17, 18 and 19 of Section 31, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the Witness Corner to the Northeast Corner of said Section 31, a stone in place; thence S 60°01'05" W 2350.39 feet to the Southeast Corner of Reception No. 279416, also being a point on the westerly right-of-way of County Road No. 100, a rebar and cap L.S. No. 10732 in place, the True Point of Beginning; thence S 00°11'29" W along said westerly right-of- way 827.14 feet to a rebar and cap L.S. No. 10732 in place; thence continuing along said westerly right-of-way S 03°56'29" W 117.74 feet to a rebar and cap L.S. No. 10732 in place; thence continuing along said westerly right-of-way S 11°37'27" W 299.44 feet; thence leaving said westerly right-of-way N 72°41'32" W along a line being northerly of Blue Creek 136.34 feet; thence continuing along a line being northerly of Blue Creek N 77°44'52" W 317.09 feet; thence continuing along a line being northerly of Blue Creek N 62°48'46" W 375.98 feet; thence continuing along a line being northerly of Blue Creek N 41°30'29" W 89.74 feet; thence continuing along a line being northerly of Blue Creek N 81°01'17" W. 285.92 feet; thence N 13°12'20" E 120.00 feet to a point in an existing fence; thence N 76°47'40" W along said existing fence 1038.73 feet to a point on the easterly line of Parcel "B" of Reception No. 375658 (from whence rebar and cap L.S. No. 10732 bears S 00°00'18" W 263.28 feet); thence N 00°00'18" E along said easterly line 1013.61 feet to a point on the southerly right-of-way of Colorado State Highway No. 82 as evidenced by existing right-of-way monuments and the existing centerline (whence a rebar and cap L.S. No. 3317 bears S 00°00'18" W 3.99 feet); thence S 79°56'55" E along said south- erly right-of-way 1982.77 feet ; thence S 10°30'58" W along the easterly line of said Reception No. 279416 133.47 feet to a rebar and cap L.S. No. 10732 in place; thence S 79°44'32" E along the southerly line of said Reception No. 279416 247.29 feet to the True Point of Beginning: said parcel containing 57.889 acres, more or less. Together with Grantor's right, title and interest in and to a perpetual easement covering the real property described below (the "Easement Property"); the source of such perpetual easement being set forth in that certain Agreement, Easement Grant and Mutual Release recorded October 22, 1986 in Book 697 at Page 616 under Reception No. 375658, of the Garfield County Clerk and Recorder's records. The Easement Property is described as fol- lows: EASEMENT PROPERTY DESCRIPTION A perpetual easement being a portion of Parcel "B" shown in Reception No. 375658 situated in a portion of Lot 17 of Section 31, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said easement being more particularly described as follows: d 4 • • • c50( 725 Nt1794 Commencing at the Witness Corner to the Northeast Corner of said Section 31, a stone in place; thence S 81°10'28" W 4257.59 feet to a point on the southerly right-of-way of State High- way No. 82, the True Point of Beginning; thence S 00°00'18" W along the easterly line of said Parcel "B" 1013.61 feet to a point on an existing fence; thence N 76°47'40" W along said fence 67.27 feet to a point on the westerly line of said Parcel "B"; thence N 00°07'35" E along said west- erly line 1009.48 feet to a point on the southerly right-of-way of said State Highway No. 82; thence S 79°56'55" E along said southerly right-of-way 64.35 feet to the True Point of Beginning; said easement containing 1.496 acres, more or less. -2- • 1 ny,p: '723 PscE7i5 EXHIBIT 'B' TO WARRANTY DEED FROM TRUDI PEET TO RALPH L. BRADEN LIST OF EXCEPTIONS TO TITLE 1. The lien for 1987 property taxes due and payable in 1988. 2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to pene- trate or intersect the premises hereby granted, as reserved in United States Patents recorded as follows: RECORDED February 19, 1915 August 11, 1894 June 24, 1895 BOOK/PAGE 71/ 60 3 12/333 12/368 RECEPTION NO. 51238 17568 18504 3. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patents recorded as follows: RECORDED August 11, 1894 June 24, 1895 BOOK/PAGE 12/333 12/368 RECEPTION NO. 17568 18504 4. Easement and right of way for pipeline purposes as granted to Rocky Mountain Natural Gas Company, Inc. by The T 0 Ranch Company of Colorado by instrument recorded October 19, 1961 in Book 337 at page 236 as Reception No. 215439, in which specific location of the easement is not defined. 5. Easement and right of way for electric transmission or dis- tribution line purposes as granted to Holy Cross Electric Association, Inc. by Gertrude L. Janney by instrument recorded July 13, 1972 in Book 433 at Page 111 as Reception No. 254494, in which specific location of the easement is not defined. 6. Restrictions as contained in Protective Covenants, recorded April 7, 1969 in Book 401 at Page 28 as Reception No. 243115. 7. Right of way for the uninterrupted flow of the Roaring Fork River. 8. Right of way for the uninterrupted flow of Blue Creek. 9. Right of way easement as granted to Holy Cross Electric Association, Inc., by Trudi Peet by Document recorded September 17, 1984 in Book 656 at Page 856 as Reception No. 355739. 10. Terms and conditions of the Agreement, Easement Grant and Mutual Release between Gertrude L. Peet and the Ranch at Roaring Fork Homeowners Association, Inc. recorded October 22, 1986 in Book 697 at Page 616 as Reception No. 375658. -3- • • b: K 725 P:rlE?9{; EXHIBIT 'C' TO WARRANTY DEED FROM TRUDI PEET TO RALPH L. BRADL•'N RESTRICTIVE COVENANTS The following restrictive covenants shall be binding on Grantee's heirs, successors and assigns and shall touch, concern and run with the 150 foot strip of land (the "Green Belt") which is more particularly described as follows: GREEN BELT DESCRIPTION A parcel of land situated in a portion of Lot 6, Section 31, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the Witness Corner to the Northeast Corner of said Section 31, a stone in place; thence S 41°08'04" W 3203.06 feet to a point on the westerly right-of-way of County Road No. 100, the True Point of Beginning; thence leaving said westerly right-of-way N 72°41'32" W along a line being northerly of Blue Creek 136.34 feet; thence continuing along a line being northerly of Blue Creek N 77°44'52" W 317.09 feet; thence continuing along a line being northerly of Blue Creek N 62°48'46" W 375.98 feet; thence continuing along a line being northerly of Blue Creek N 41°30'29" W 89.74 feet; thence continuing along a line being northerly of Blue Creek N 81°01'17" W 285.92 feet; thence N 13°12'20" E 120.00 feet to a point in an existing fence; thence S 77°01'23" E along said existing fence 367.75 feet; thence leaving said fence S 62°48'46" E 384.03 feet; thence S 77°44'53" E 98.58 feet to a point in an existing fence; thence S 64°21'44" E along said fence 154.50 feet; thence continuing along said fence S 73°13'08" E 183.71 feet to a point on said west- erly right-of-way; thence S 11°37'27" W along said westerly right-of-way 111.75 feet to the True Point of Beginning; said parcel containing 3.556 acres, more or less. Grantor hereby permanently restricts and dedicates the above described Green Belt as a natural pasture, grassland and stream area. In this regard, the Green Belt shall be used by Grantee and Grantee's heirs, successors and assigns solely for the pur- pose of grazing and pasturing horses or cattle and no buildings or structures shall be placed, constructed or maintained in the Green Belt without the prior writtenpermission of the owner or owners from time to time of the property or properties which abut the southern edge of the Green Belt. January 20, 1989 Mark Bean Garfield County Planning Dept. Garfield County Courthouse 109 8th Street Glenwood Springs, CO 81601 Re: Preshana Farm Exemption Plat Dear Mark: • land design partnership Per your request I have tried to locate a well permit for the original homestead well at Preshana Farm. It appears from the State Engineers records that the well does not have a permit issued to it. This is not a problem since the well has been in use for many years but it is going to require sixty days or so for the processsing of a late registration for the well. I have left several messages for Ron Leach to please forward his standard letter to you regarding fire protection. I anticipate it will be forthcoming soon! Maybe? I request that our exemption plat application be granted an extension such that we may provide you with the documents you request. It is my understanding that the plat itself is in proper form and you require only the above information plus the school cash in lieu check to procccd with the recording of the plat. Thank you for your assistance in this matter. Sincerely, f. Ronald B. Liston pc Henry & Lana TrettAi Box 517 • Glenwood Springs, Colorado 81602 918 Cooper Avenue (303) 945-2246 /n -A0 //2s/eg7 /4//-6 �2'J-S-Rev. 76 • • COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 Application must be complete whey /♦ (x applicable. Type o 1��,,// (x print in BLACK SUN 1 0 Ag88FOR: (x INK. No overstrikes or erasures unlessRca( initialed. . p�iMsmaa ( was ifigilligic' 01111 PERMIT APPLICATION FORM 1 A PERMIT TO USE GROUND WATER A PERMIT TO CONSTRUCT A WELL A PERMIT TO INSTALL A PUMP REPLACEMENT FOR NO. ) OTHER WATER COURT CASE NO. 96-10-8 3:1c n 2 1 30.00 (1) APPLICANT - mailing address NAME Ralph Braden STREET P.O. Box 519 CITY Aspen TELEPHONE NO Colorado (State) 925-8638 81612 (Zip) (2) LOCATION OF PROPOSED WELL County Garfield S • W • )4 of the N.W. % Section 31 Twp. 7 S, R ng. 87 (N,SI 1E,W) 6th p.m. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15 Average annual amount of ground water to be appropriated (acre-feet)' one acre-foot Number of acres to be irrigated: one acre Proposed total depth (feet): 60 feet Aquifer ground water is to be obtained from: unknown Owner's well designation #3 GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) (x) DOMESTIC (1) ( ) INDUSTRIAL (5) ( ► LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (1 1) (4) DRILLER Name Street City Colorado Licensed (State) (Zip) Telephone No. Lic. No. 2,6 120.00 FOR OFFICE USE ONLY.cpp NOT WRI E.1.-11-Tft"COLIIItF Receipt No. Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 1) APPROVED PURSUANT TO CRS 37-90-137(2) FOR THE CONSTRUCTION OF A WELL, APPROPRIATING GROUND WATER TRIBUTARY TO THE ROARING FORK RIV AS AN ALTERNATE POINT OF DIVERSION TO THE BASALT CONDUIT ON THE CONDITION THAT THE WELL SHALL BE OPERATED ONLY WHEN 4 CONTRACT BETWEEN THE WELL OWNER AND THE BASALT WATER CONSERVANCY FOR THE RELEASE OF REPLACEMENT WATER FORM RUEDI RESERVOIR IS IN EFFECT OR UNDER AN APPROVED PLAN FOR AUGMENTATION. 2) THE MAXIMUM PUMPING RATE OF THIS WELL SHALL NOT EXCEED 15 G.P.M 3)THE AVERAGE ANNUAL AMOUNT OF GROUND WATER TO BE APPROPRIATED SHA NOT EXCEED ONE (1) ACRE FOOT. 4) THE USE OF GROUND WATER FROM THIS WELL IS LIMITED TO ORDINARY HOUSEHOLD PURPOSES INSIDE ONE SINGLE FAMILY DWELLING, THE IRRIGAII OF NOT MORE THAN UNE (1) ACRE OF HOME GARDENS AND LAWNS, AND THE WATERING OF DOMESTIC ANIMALS. 5) A TOTALIZING FLOW METER MUST BE INSTALLED ON THIS WELL AND MAINTAINED IN GOOD WORKING ORDER. PERMANENT RECORDS OF ALL DIVERS( MUST BE MAINTAINED BY THE WELL OWNER (RECORDED AT LEAST ANNUALLY) . SUBMITTED TO THE DIVISION ENGINEER UPON REQUEST. 6) THE WELL SHALL NOT BE CONSTRUCTED MORE THAN 200 FEET FROM THE LOCATION SPECIFIED HEREON. G -R4 £3/) 5/ ' APPLICATION APPROVED PERMIT NUMBER 034003 - r DATE ISSUED AUG 171988 EXPI TJON DATE AUG 1 7 1989 A4..t;44•---4 (ST'TE ENG(. EER) BY ID 5 3? ' COUNTY 2 3 • • (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + - j- - -j-- - - - + - -}- - -I- - -}- - 1 t — -I- 44-- MILE, 5280 FEET —4-1 -}- + + ± f + + w z J 2 0 1- U w rn w w NORTH SECTION LINE I — -1- — i — + — IIIWell#3 1 1 1 _ ± _— I 4- H H SECTION LINE m + 0 rn m O 2 r_ 2 m (6) THE WELL MUST BE LOCATED BELOW' by distances from section lines. 1 , 500 ft. from north sec. line (north or south) 1,000 ft. from west sec. line (east or west) LOT BLOCK FILING # SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner Ralph Braden No. of acres 25 + Will this be the only well on this tract? yes i- -} -I-- -I- 1 The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (8) PROPOSED CASING PROGRAM Plain Casing 6" in. from 0 ft to 4 0 ft in from ft to ft Perforated casing 6" in. from 40 ft. to 6 0 ft in from ft to `t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second ices) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): Ralph Braden No. of acres• 25+ Legal description• within the ;W 1/4, NW 1/4, Sec. 31, Twp 7 S, Rnc1. 87W, 6th P.M. (11) QETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. Septic Tank & Leach Field wastewater disposal system (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Basin Ditch Used for (purpose) irrigation Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE B KNOWLEDGE. SIGN TORE OF APPL ICANTISI Use additional sheets of paper if more space is required. WRJ-5-Rev. 76 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 Application must �� be complete where c1t applicable. Ty 1 print in BLA G INK. No overstrikes�,(u1, 1 ` 1�` or erasures untes9' initialed. WEB E 414 PERMIT APPLICATION FORM ( x) A PERMIT TO USE GROUND WATER ( x) A PERMIT TO CONSTRUCT A WELL FOR: ( X) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO. ( ) OTHER WATER COURT CASE NO. 06-10-93 P 2 is •i0.00 1032422 120.00 P0011 10.00 (1) APPLICANT - mailing address NAME Ralph Braden STREET _1' • O • Box 519 CITY Aspen Colorado (State) TELEPHONE NO 925-8638 81612 (Zip) (2) LOCATION OF PROPOSED WELL County Garfield S. E. y. of the N • W • Y., Section 31 Twp. 7 S Rng. 87 W 6th P.M irt,S) )E•wi (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15 Average annual amount of ground -water to be appropriated (acre-feet): one acre—foot Number of acres to be irrigated: one acre Proposed total depth (feet): 60 feet Aquifer ground water is to be obtained from: )1nknown Owner's well designation #2 GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) X) DOMESTIC (1) ( ) INDUSTRIAL (5) { ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (1 1) (4) DRILLER Name Colorado licensed Street City (State) (Zip) Telephone No Lic. No FOR OFFICE USE ONLY:, -)p NOT WRI )E 1-1-1 COLIfMN`? �S�.a IT Receipt No. �! —'/40 Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 1) APPROVED PURSUANT ,TO CRS 37-90-137(2) FOR THE CONSTRUCTION OF A WELL, APPROPRIATING GROUND WATER` -TRIBUTARY TO THE ROARING FORK RIVE AS AN ALTERNATE POINT OF DIVERSION TO THE BASALT CONDUIT ON THE CONDITION THAT THE WELL SHALL BE OPERATED ONLY WHEN A CONTRACT BETWEEN THE WELL OWNER AND THE BASALT WATER CONSERVANCY FOR THE RELEASE OF REPLACEMENT WATER FORM RUEDI RESERVOIR IS IN EFFECT OR UNDER AN APPROVED PLAN FOR AUGMENTATION. 2) THE MAXIMUM PUMPING RATE OF THIS WELL SHALL NOT EXCEED 15 G.P.M 3)THE AVERAGE ANNUAL AMOUNT OF GROUND WATER TO BE APPROPRIATED SHAT NOT EXCEED ONE (1) ACRE FOOT. 4) THE USE OF GROUND WATER FROM THIS WELL IS LIMITED TO ORDINARY HOUSEHOLD PURPOSES INSIDE ONE SINGLE FAMILY DWELLING, THE IRRIGATI. OF NOT MORE THAN ONE (1) ACRE OF HOME GARDENS AND LAWNS, AND THE WATERING OF DOMESTIC ANIMALS. 5) A TOTALIZING FLOW METER MUST BE INSTALLED ON THIS WELL AND MAINTAINED IN GOOD WORKING ORDER. PERMANENT RECORDS OF ALL DIVERSII MUST BE MAINTAINED BY THE WELL OWNER (RECORDED AT LEAST ANNUALLY) SUBMITTED TO THE DIVISION ENGINEER UPON REQUEST. 6) THE WELL SHALL NOT BE CONSTRUCTED MORD_ THAN 200 FEET FROM THE LOCATION SPECIFIED HEREON. GizG 8/13/g8 APPLICATION APPROVED PERMIT NUMBER (13,4032r DATE ISSUED AUG 171988 E)(P,GRATION-DATE - AUG-. 7 1989 r • • (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water wil! be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + -- + -- + - -- -+- - -+ - + - 4- 4d 1 MILE, 5280 FEET —� f -}- 4- + + — -4 NORTH SECTION LINE L + — I NORTH+ ta _z D J t/1 I 2 (1) 0 m Li v' 1 1.-- �- �- + 1 I 1 _ + J SOUTH SECTION LINE + - + + -I- 4- + - ( -I-- + I I 1 I 1 - -I-- - ® W-11 1 - +- - #a I i -1 (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. 1 , 8 0 0ft from north sec. line (north or south) 1, 700 ft. from west sec. line (east or west) LOT BLOCK FILING * SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner Ralph Braden No. of acres 2+ Will this be the only well on this tract? yes The scale of the diagram is 2 inches = 1 mile Each srnall square represents 40 acres. (8) PROPOSED CASING PROGRAM Plain Casing 6" in from 0 ft to 4° ft in from ft to ft Perforated casing rr 6 in from 4 0 ft to 6 0 ft in from ft to `t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): Ralph Braden Legal description- Within SE 1/4, NW 1/4, Sec. 31, Twp. 7 S, Rng. 87 W, 6th P.M. Noof acres• 2+ (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. Septic tank & leach field wastewater disposal system (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Basin Ditch irrigation Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST 1 . KNOWLEDGE. SIGNATURE. APPLICANT(S) Use additional sheets of paper if more space is required. • land design partnership August 1, 1988 Mark Bean Director of Community Development Garfield County Courthouse Glenwood Springs, CO 81601 Re: Presahana Farms Exemption Plat Dear Mark: As I discussed with you on the phone, the well permits for the Farm were sidetracked in the State Engineer's office. The Glenwood Water Resources office told me the permits are back on track and should be colrming our way soon. Since the well permits were a condition of the exemption plat finalization, I request that an extension of the deadline for submittal of the plat be granted. I believe the original submittal deadline works out to August 4th. If you have any questions please call. Sincerely, Ronald B. Liston D Ri77.51 AUG 21988 GARFIELD COUNTY P.O. Box 517 • Glenwood Springs, Colorado 81602 407 Seventh Street • Hotel Denver (303) 945-2246 3.-rr 4�888 /)/eP-4,