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HomeMy WebLinkAbout1.0 ApplicationPnksk 131:1 ORI? "1'1II: I Rl) Ol ('Ot1N'I'Y COMMISSION. OF GAR 111:1.1) COUNTY, COLORADO 1'ETITION_FOft_EXl?IY11'_i11(?N_ Pursuant to C'.1Z.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations orGarlield County, Colorado, adopted 23, 1984 Section 2- 0.49, the undersigned JL1.�_-- L_Q_r_L_ Y - _ V / ro k I k respectfully petitions the Board of County Commissioners of(.ia' lielel County, Colorado, to exempt by Resolution the division of 3f, 0 0 acre tract of land into 3 tracts of approximately _ 2 -3-3595 acres each, more Or less, From the definitions or "subdivision" and "subdivided land" it:; 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 staled below: SHIM VITA 'A L R1:OlJ1RI:N11:N'1 S: An application which satisfies the review criteria must be submitted with all the following information: A. Sketch map al a minimum scalc of 1",:200' showing the legal description of the property, dimension and area oral' lois ors('.paraIc interests to becreated, access to a public right -or -way, and any proposed easements for drainage, irrigation, access Or Utilities; 13. Vicinity ntap al a minimum scale or I"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) guiles, for which a copy of U.S.Ci.S. quadrangle map may be used. C. Copy of the deed showing ownership by the applicant, or a letter From the properly owner(s) if outer than the applicant; and 1). Nantes and addresses of owners of record of land immediately adjoining and within 200 fel oldie proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed lot- conversion; and 1 . I?vidcnce oIs lie soil types and characteristics of each type; and l Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of lire protection plan from appropriate lire district; and G. 1iconncction to a community of municipal water or sewer system is proposed, a leper from the governing body staling a willingness to serve; and 1 I. Narrative explaining why exemption is being requested; and I. It shall he demonstrated that the parcel existed as described on January 1, 1973 or the parcel as 11 exists presently is one of not more, than three parcels created from it larger parcel as it existed on January 1, 1973. J. A 1;300.00 fee must be submitted with the application. PayitFeht, Petitioner Mailing Address ('ily State 'telephone Number • • - 35 APPLICATION CHECKLIST (TO DETERMINE COMPLETION) 1 Name o272 6� (� 2 ,/,/,, i SCopy of deed showingownership Yes No Names/addresses of owners w/i 200 feet; mineral owners/lessees l S Evidence of soil types t7 Water/sewer 114/4-(j cu- ff If community water/seXer, letter of approval from district /Ai Letter addressing fire protection }/ E Narrative on necessity of exemption Deed demonstrating parcel existed prior to January 1, 1973 /6' Regular or Right-of-way/natural feature / 1'& A Le q No more than four lots created (if regular) Zoning requirements (slope, setbacks, etc.) Legal access to a county road/easements Adequate water Legal //Nk CC eXS/6-/C/17 Quality/Quantity/Dependability State or County health requ'rements Additional easements Road 4i S-,fc/ drainage improvements hool impa ees/s ecial assessments i /412 7/ l s 517 4i5 'P X 7 r 'C.(2 I S i -erg 7 `L S / � 4 -fa c . . , I „ Ae cs 7(2) s•e d -, betw-e eve C 6 (A. vt )` Pee 4 4 eGt 4` �\) f, S i 7,-e G/ 5(-4, 7(, s U //Y1 -c. V 4 (c..� ,, 5 7 /cc> fr- Gl75.. !r' A k.! t`t'-" 2 . • .1.5-.2c. —________, `H C) b ri O O r 2V f rlI u) O i� 4 A:t ? (TeizileVe 6,6f L ii! . ;'L 0 t1'i i.�....> 1 O� �\V tv • • A / $41 1T t v 61 e l' cu , ' s ' S "! ,-o 164 .JJ f /jt � c -c. Li tiL �a fr t�1 .� �`l.� {, � '\ � <'<% I:t. � �� 0-7( �C.� ,j Q iiia. P lei. Glr,E' ccsi q e -) �t 7 Fv Ko al, 7/t noe hoek s, "-le v. t C)( e oro 1--c W o a 6 7 8 f r�'ol�•t )4‘ e C e-4, /moi' 4) F .1 -1t.. -e._ /7.-0 . a l . 71/ A -c s 0 ,.... f4 j e j'e_ 4-)o,-- (Z 6 e- Y e/ / Fk 71- saw -‘ !tea 44-1-1 7, 7, /J fd� civ. it -4 e c, _i -e s 7 --P (I,' e v .7C )A e / ,t..1 e_ cod, a $23of Z foeel// 7h `l4G i`iiw,S ii,,,„ f toot a le. /3J 4./i i tali-et-,Ite S? t<S j /r'<:._ ec,_ /L 4 e 4 (Alc 0' s 7 s te,-, 2/ fro,11,e Ito cc r e Cc( (9. (5- ot / frra,. )'t -X -e (,.-e /4 ttie )6X IA- e 5 7. Iel:, 410 I Fri H " 7C- 0 f >(-V "t- 1, (- 7' ,,J.,, a ii, 7( ' ,-,07.,_. iv, ci-e e tc - YHs1! r2:6( G,� • a(( nz • /ewe, -e k-eipi / i el. -7 / d 74 / 4 f- .7 . ; J 1;1:4 tA (I' (i e- / < 5 7,-,-1,A- / c L / • tJ Q j -,` '_ 7; irh ®'s/ ale /1 i,fie_ �14-w;e �1r (61 I h e s )6 Id oq L,1 / v- 1,-77 2- writ, a $ ; (W a-. *It v►ti e S , 14.ei- c is 9 -9f -s x ; ham 4417 q 4c. t-.e_s Oil I it -e... ►.e_5 A 17"71 f ,.5 /es 11. p; I v % 7/-.10(&. i-'10( , l 4-eG-P coo, 1 01 e (• 66'4' r IE c c PSS yc, - d col"'1i q.,z e� S e m e f ,�J c �� 5-. ctc t (‘E 4c, ) cihf to Uo f c..JO Y .e w. c„( w i )/` 7d f 7. NR.J,,.Rev ,c COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 PERMIT APPLICATION FORM (t/f A PERMIT TO USE GROUND WATER ( ) A PERMIT TO CONSTRUCT A WELL FOR, (t,. -(A PERMIT TO INSTALL A PUMP { ) REPLACEMENT FOR NO I I OTHER WATER COURT CASE NO. FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Application must be complete where applicable. Type or print in BLACK I{. No overstrikes or erasures unless initialed. (1) APPLICANT - mailing address NAME F t0) -k �F 1 !/ 0 Q Y STREET_1623.11...___&‘ / /7 I Air, (zipt l �) L TELEPHONE NO C(70 j •,2 qI Receipt No. — — Base^ Dist. (2) ► OCATIQN OF PF Q//POSED WEt L 6;4 County rig, e id - 4/6 --- C. ,4: & 1/4 of the S( / '/. Section 1 -2 - Twp, Rng.�--L-r-- b P.M. (3) WATER USE AND WELL DATA / Proposed maximum pumping rate (gprn) 1S 7/0h"7 --- Average annual amount of ground water , JS C^ to be appropriated (acre-feet) `l Number of acres to be irrigated: L Q Proposed total depth (feet): 1)- P Aquifer ground water is to be obtained from: / Gln Ah44. b i -f' �u 11G (At /4 Owner's well designation ._ ti 1---e (ROUND WATER TQ BE USED FOR; ( ) HOUSEHOLD USE ONLY - no irrigation (0NpUSTRIAL (5t (L4'60MESTIC (t) ( } INDUSTRIAL )N (5 ( ) LIVESTOCK (2) ) IRRIGAMUNICITION ( 61 ( I COMMERCIAL {4} ( ) OTHER (81 DETAIL THE USE ON BACK IN ( 1' (41 0111.1131 Name toYi./467o"vn - dr,t(id jh dL71_ Street City (State) (ZIP) Telephone No. Lic No CQNDITIOfN,S_OF APPROVAL This well shall be used in such a way as to cause no rnateral 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. APPLICATION APPROVED PERMIT NUMBER —.— DATE --- DATE ISSUED . _ .._...__--- EXPIRATION DATE (STATE ENGINEEl 8Y ----- 0 _.�_ -----_— COUNTY mit • (6) THE LOCATION OF THE PROPOSED WELL and the area on which the CENTER SECTIONc(1 section, must be 640 acres) for on �the e lwad lram ocation ow. Use I , .. .r NORTH yl �---- 1MILE, 8280PET t NORTH SEC I • l NE _- 1 1 SSUTH%ECTION L.1NE z m •r 4 - The The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. NATER CQuiVALENTS `ASLE 1Roun%ee Figures, An acre-foot covers 1 acre of an 1 foot deep 1 cube foot per second ict51 • 449 gallons per minute iyp.^�' A family of 5 wiri reG re approxir:eteiy 1 acre-foot of watt. oer year 1 acre•foot . . 43,560 Pubic rest . 325,900 gallons. t,000 gpm pumped contrruoi,sly for one eav produces 4.42 acre-feet. • (6) THE WELL MU I R I.OGATgp— E$.e01 by distances from section lines. -3 6 40 ft. horn _ ft. from __.. LOT .__.__.BLOCK SUBDIVISION (7) (nortT'1 orT- 4outh) BS (east or west) sec, line sec. line FILING *---- 1011101.11.•••••• LOCATED Owner• No. of acres the only well on this tract?.e> Ifo Will this be (8) PROPOSED CASING PROQRQM P',ain Casing ir, from 0 -_. ft. to Jt. • in. from _.. ft. to ft Pe,forated casing (Qr... infrom ft to 1 ft in. from ft to . ft (9) FOR REPLACEMENT WELLSgivedistence and direction from old well and plans for plugging it: (10) `AND ON WHISH C(,ROUNQWAS Owner(s) : _.f '- !J pp��e /1 o Y ie r Nu. of acres. Y.° ( -r").1) 6S. g _ 9/) 6 41',/ (11) e . TSI .. ! 6 : 'T o 1 01" the usg,of fyscPrd water. Household use and domestic wells mist indicate type of disposal system to be used. ` el „. Y I! tz! (( /4714_,Q7774,1 .LJ a ii.efr' / -74"kLh 1 R te_ . 0 r \i` r _ 1.1.5.... / o. 4_. it / _5 C t. +•- S (12) QTHER WATER RIOT± ES ,Jsed on ;n:s land, rnclud,ng wells Give Registraticr and Water Court Case Numbers. Tyoe or right Used for 1purposel Descr•ption of land on which used Po le f 44- 4r_ce,vo.t- S des V (COd! D, /4c.I fS `/c.1 ieS tMow" 41 Arlee (13) THE APPLICANTS) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOW GE. it.3 Legal description: _se SIGNATURE OF APPL /CANT'S) Th,,, ,.,) ,? 1(f a r -FA,' s '- ,>(--e /0 1-5 co i /( c/c...--- (-) - , V /1. ._7-71- ( 5 I ( (t ) c 4 k e e k- • A/C -16i I, 7..4_ �¢ R(e 5‘ f 0 let. -.`l- Y ,0(Pio/ ins � �OGa MeMet lairolase WARRANTY DEED011/11101, EAMON PORTS t and MANTRA PORTER, dmesitesao Post Office sox 307, No* Castle. 'Cosrtsy et Garfield of . tar Me oneaidentice of 'i Ten Dollars ($10.00) and other valuable C consideration iii• in bawd psi& henry teats) fI ad co,llserls) to PORTER EXCHANGE TRUST II :rima legal address s Court ►d Garfield sad 9ua d Colorado Mat '. Camof Garfield •mot rl the �p11f111s teal p opoity in the !s tlw cl wdo.,owit: an undivided fifteen percent (15t) interest in and sjt: the real property and water rights described on Exhibit A 1,i at+tched hereto: J1 also knows by street and number as with all its appurtenances, and sormats) the tide a the same. >sabitics to all , subsequent to 1990 and all matters of record. iI Signed this 12th day of October taxes and assessments r a o ter STATE OF COLORADO. County d G i>L'uJ k �1Fw ,1 befogs d October ,19 90 TimTim loser., gm instrument ma aCk710wbefogsawe thio 12th � . t ton Porter and Martha Porter. 14 cap/rcs Witness my bend and dd official se. i hr t. D...... r..,. "re, a•+ Tia Sr. lbw. Um. oval.+.►o ems arm s..l areibr, hi1rM. 114 t Mur i , t1w. CO r.7.7 - COO 1rT-J7.. — U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE Endnote -- SANITARY FACILITIES • SANITARY FACILITIES • PAGE 2 OF 3 12/13/95 This report shows the degree and kind of soil limitations that affect septic tank absorption fields. sewage lagoons, and sanitary landfills. The limitations are considered "Slight" if soil properties and site features generally are favorable for the indicated use and limitations are minor and easily overcome: "Moderate" if soil properties or site features are not favorable for the indicated use and special planning. design. or maintenance is needed to overcome or minimize the limitations: and "Severe" if soil properties or site features are so unfavorable or so difficult to overcome that special design. significant increases in construction costs, and possibly increased maintenance are required. This report also shows the suitability of the soils for use as daily cover for landfills. A rating of "Good" indicates that soil properties and site features are favorable for the use and good performance and low maintenance can be expected: "Fair" indicates that soil properties and site features are moderately favorable for the use and one or more soil properties or site features make the soil less desirable than the soils rated "Good": and "Poor" indicates that one or more soil properties or site features are unfavorable for the use and overcoming the unfavorable properties requires special design. extra maintenance, or costly alteration. SEPTIC TANK ABSORPTION FIELDS are areas in which effluent from a septic tank is distributed into the soil through subsurface tiles or perforated pipe. Only that part of the soil between depths of 24 to 72 inches is evaluated. The ratings are base on soil properties, site features, and observed performance of the soils. Permeability, a high water table, depth to bedrock or to a cemented pan, and flooding affect absorption of the effluent. Large stones and bedrock or a cemented pan interfere with installation. Unsatisfactory performance of septic tank absorption fields, including excessively slow absorption of effluent. surfacing of effluent, and hillside seepage, can affect public health. Groundwater can be polluted if highly permeable sand and gravel or fractured bedrock is less than 4 feet below the base of the absorption field. if slope is excessive, or if the water table is near the surface. There must be unsaturated soil material beneath the absorption field to filter the effluent effectively. Many local ordinances require that this material be of a certain thickness. SEWAGE LAGOONS are shallow ponds constructed to hold sewage while aerobic bacteria decompose the solid and liquid wastes. Lagoons should have a nearly level floor surrounded by cut slopes or embankments of compacted soil. Lagoons generally are designed to hold the sewage within a depth of 2 to 5 feet. Nearly impervious soil material for the lagoon floor and sides is required to minimize seepage and contamination of ground water. This report gives ratings for the natural soil that makes up the lagoon floor. The surface layer and, generally, 1 or 2 feet of soil material below the surface layer are excavated to provide material for the embankments. The ratings are based on soil properties, site features, and observed performance of the soils. Considered in the ratings are slope, permeability, a high water table, depth to bedrock or to a cemented pan, flooding. large stones, and content of organic matter. Excessive seepage due to rapid permeability of the soil or a water table that is high enough to raise the level of sewage in the lagoon causes a lagoon to function unsatisfactorily. Pollution results if seepage is excessive or if floodwater overtops the lagoon. A high content of organic matter is detrimental to proper functioning of the lagoon because it inhibits aerobic activity. Slope, bedrock, and cemented pans can cause construction problems, and large stones can hinder compaction of the lagoon floor. SANITARY LANDFILLS are areas where solid waste is disposed of by burying it in soil. There are two types of landfill. trench and area. In a trench landfill. the waste is placed in a trench. It is spread. compacted. and covered daily with a thin layer of soil excavated at the site. In an area landfill. the waste is placed in successive layers on the surface of the soil. The waste is spread. compacted. and covered daily with a thin layer of soil form a source away from the site. Both types of landfill must be able to bear heavy vehicular traffic. Both types involve a risk of groundwater pollution. Ease of excavation and revegetation need to be considered. The ratings in this report are based U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE • SANITARY FACILITIES Endnote -- SANITARY FACILITIES --Continued • PAGE 3 OF 3 12/13/95 on soil properties. site features, and observed performance of the soils. Permeability, depth to bedrock or to a cemented pan. a high water table. slope, and flooding affect both types of landfill. Texture. stones and boulders. highly organic layers, soil reaction. and content of salts and sodium affect trench type landfills. Unless otherwise stated, the ratings apply only to that part of the soil within a depth of about 6 feet. For deeper trenches. a limitation rate "Slight" or "Moderate" may not be valid. Onsite investigation is needed. DAILY COVER FOR LANDFILL is the soil material that is used to cover compacted solid waste in an area type sanitary landfill. The soil material is obtained offsite. transported to the landfill. and spread over the waste. Soil texture, wetness, coarse fragments, and slope affect the ease of removing and spreading the material during wet and dry periods. Loamy or silty soils that are free of large stones or excess gravel are the best cover for a landfill. Clayey soils may be sticky or cloddy and are difficult to spread: sandy soils are subject to soil blowing. After soil material has been removed, the soil material remaining in the borrow area must be thick enough over bedrock, a cemented pan. or the water table to permit revegetation. The soil material used as final cover for a landfill should be suitable for plants. The surface layer generally has the best workability, more organic matter than the rest of the profile. and the best potential for plants. Material from the surface layer should be stockpiled for use as the final cover. U.S. DEPARTMENT OF AGRICULTURE PAGE 1 OF 2 SOIL CONSERVATION SERVICE 12/13/95 SOIL FEATURES Soils Bedrock ; Cemented pan Subsidence ' Risk of corrosion I ; Potential Map symbol ; ; ;frost action; Uncoated and soil name ; Depth ;Hardness; Depth ; Kind ;Initial; Total ; ; steel Concrete I I 1 1 I In In In In 67: Torriorthents, Steep 4-30 ; Hard ; ; ;Low I I I 1 I I , Rock Outcrop, I I I I Steep --- , Soft ;None 1 I I High Low U.S.. DEPARTMENT OF AGRICULTURE • •'AGE 2 OF 2 SOIL CONSERVATION SERVICE 12/13/95 SOIL FEATURES Endnote -- SOIL FEATURES This report gives estimates of various soil features. The estimates are used in land use planning that involves engineering considerations. Depth to bedrock is given if bedrock is within a depth of 5 feet. The depth is based on many soil borings and on observations during soil mapping. The rock is either "Soft" or "Hard". If the rock is "Soft" or fractured. excavations can be made with trenching machines. backhoes. or small rippers. If the rock is "Hard" or massive, blasting or special equipment generally is needed for excavation. Cemented pans are cemented or indurated subsurface layers within a depth of 5 feet. Such pans cause difficulty in excavation. Pans are classified as "Thin" or "Thick". A "Thin" pan is less than 3 inches thick if continuously indurated or less than 18 inches thick if discontinuous or fractured. Excavations can be made by trenching machines. backhoes, or small rippers. A "Thick" pan is more than 3 inches thick if continuously indurated or more than 18 inches thick if discontinuous or fractured. Such a pan is so thick or massive that blasting or special equipment is needed in excavation. Subsidence is the settlement of organic soils or of saturated mineral soils of very low density. Subsidence results from either desiccation and shrinkage or oxidation of organic material, or both, following drainage. Subsidence takes place gradually, usually over a period of several years. This report shows the expected initial subsidence. which usually is a result of drainage, and total subsidence. which usually is a result of oxidation. Not shown in the report is subsidence caused by an imposed surface load or by the withdrawal of ground water throughout an extensive area as a result of lowering the water table. Potential frost action is the likelihood of upward or lateral expansion of the soil caused by the formation of segregated ice lenses (frost heave) and the subsequent collapse of the soil and loss of strength on thawing. Frost action occurs when moisture moves into the freezing zone of the soil. Temperature, texture, density, permeability, content of organic matter. and depth to the water table are the most important factors considered in evaluating the potential for frost action. It is assumed that the soil is not insulated by vegetation or snow and is not artificially drained. Silty and highly structured clayey soils that have a high water table in winter are the most susceptible to frost action. Well drained, very gravelly, or very sandy soils are the least susceptible. Frost heave and low soil strength during thawing cause damage mainly to pavements and other rigid structures. Risk of corrosion pertains to potential soil -induced electrochemical or chemical action that dissolves or weakens uncoated steel or concrete. The rate of corrosion of uncoated steel is related to such factors as soil moisture. particle -size distribution. acidity. and electrical conductivity of the soil. The rate of corrosion of concrete is based mainly on the sulfate and sodium content. texture. moisture content, and acidity of the soil. Special site examination and design may be needed if the combination of factors creates a severe corrosion environment. The steel installations that intersect soil boundaries or soil layers is more susceptible to corrosion than steel in installations that are entirely within one kind of soil or within one soil layer. For uncoated steel, the risk of corrosion. expressed as "Low", "Moderate", or "High", is based on soil drainage class, total acidity, electrical resistivity near field capacity, and electrical conductivity of the saturation extract. For concrete. the risk of corrosion is also expressed as "Low". "Moderate", or "High". It is based on soil texture. acidity, and amount of sulfates in the saturation extract. U.S. DEPARTMENT OF AGRICULTURE PAGE 1 OF 2 SOIL CONSERVATION SERVICE 12/13/95 BUILDING SITE DEVELOPMENT Soils (The information in this report indicates the dominant soil condition but does not eliminate the need for onsite III/ III Map symbol Shallow Dwellings Dwellings Small Local roads ; Lawns and and soil name excavations without with commercial and streets ; landscaping basements basements buildings I I I I , I 67: Torriorthents, Steep ;Severe: Severe: depth to rock.; slope, slope depth to I I 1 I Rock Outcrop. Steep ;Severe: ;Severe: depth to rock.; slope slope 1 I I 1 ;Severe: Severe: depth to rock, slope, rock slope depth to rock Severe: Severe: depth to rock, slope slope Severe: :Severe: depth to rock „ slope, slope ; depth to rock Severe: ;Severe: slope ; droughty, slope. depth to rock U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE • BUILDING SITE DEVELOPMENT • PAGE 2 OF 2 12/13/95 Endnote -- BUILDING SITE DEVELOPMENT This report shows the degree and kind of soil limitations that affect shallow excavations, dwellings with and without basements. small commercial buildings. local roads and streets. and lawns and landscaping. The limitations are "Slight", "Moderate", or "Severe". The limitations are considered "Slight" if soil properties and site features are generally favorable for the indicated use and limitaions are minor and easily overcome; "Moderate" if soil properties or site features are not favorable for the indicated use and special planning, design, or maintenance is needed to overcome or minimize the limitations; and "Severe" if soil properties or site features are so unfavorable or so difficult to overcome that special design, significant increases in construction costs, and possibly increased maintenance are required. Special feasibility studies may be required where the soil limitations are severe. SHALLOW EXCAVATIONS are trenches or holes dug to a maximum depth of 5 or 6 feet for basements, graves. utility lines, open ditches, and other purposes. The ratings are based on soil properties, site features, and observed performance of the soils. The ease of digging, filling, and compacting is affected by the depth to bedrock, a cemented pan, or a very firm dense layer; stone content; soil texture; and slope. The time of the year that excavations can be made is affected by the depth to a seasonal high water table and the susceptibility of the soil to flooding. The resistance of the excavation walls or bands to sloughing or caving is affected by soil texture and the depth to the water table. DWELLINGS AND SMALL COMMERCIAL BUILDINGS are structures built on shallow foundations on undisturbed soil. The load limit is the same as that for single-family dwellings no higher than three stories. Ratings are made for small commercial buildings without basements. for dwellings with basements, and for dwellings without basements. The ratings are based on soil properties. site features, and observed performance of the soils. A high water table, depth to bedrock or to a cemented pan, large stones. slope, and flooding affect the ease of excavation and construction. Landscaping and grading that require cuts and fills of more than 5 or 6 feet are not considered. LOCAL ROADS AND STREETS have an all-weather surface and carry automobile and light truck traffic all year. They have a subgrade of cut or fill soil material, a base of gravel, crushed rock, or stabilized soil material, and a flexible or rigid surface. Cuts and fills are generally properties, site features. and observed performance of the soils. Depth to bedrock or to a cemented pan, a high water table, flooding, large stones, and slope affect the ease of excavating and grading. Soil strength (as inferred from the engineering classification of the spill, shrink -swell potential, frost action potential, and depth to a high water table affect the traffic -supporting capacity. LAWNS AND LANDSCAPING require soils on which turf and ornamental trees and shrubs can be established and maintained. The ratings are based on soil properties, site features, and observed performance of the soils. Soil reaction. a high water table. depth to bedrock or to a cemented pan. the available water capacity in the upper 40 inches, and the content of salts, sodium, and sulfidic materials affect plant growth. Flooding, wetness, slope, stoniness. and the amount of sand. clay, or organic matter in the surface layer affect trafficability after vegetation is established. NONTECHNICAL SOILS DESCRIPTION REPORT Soils Map Symbol Soil name and description 67 Torriorthents-Rock Outcrop complex, Steep This broadly defined unit consists of exposed sandstone and shale bedrock and stony soils that are shallow to moderately deep over sandstone and shale and stony basaltic alluvium. Torriorthents make up about 60 percent of this complex, and Rock outcrop makes up about 25 percent. The Torriorthents are on foothills and mountainsides below the Rock outcrop. Torriorthents are very shallow to moderately deep. They are well to somewhat exc vely drained. They generally are clayey to loamy contain variable amounts of pebbles, cobbles, and stones. Permeability is slow to moderate, and water holding capacity is very low to low. Effective rooting depth is 10 to 40 inches. Runoff is very rapid, and erosion hazard is very high. Rock outcrop is mainly Mesa Verde sandstone and Wasatch Shale. U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE CONSTRUCTION MATERIALS Soils • PAGE 1 OF 3 12/13/95 (The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) Map symbol Roadfill Sand Gravel Topsoil and soil name ' 67: Torriorthents, Steep Poor: ;Improbable: ;Improbable: :Poor: depth to rock, : excess fines excess fines ; depth to rock. slope ' small stones. ' slope Rock Outcrop. Steep ;Poor: :Improbable: ;Improbable: :Poor: depth to rock, ; excess fines excess fines ; depth to rock, ' slope slope , U•.S, DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE CONSTRUCTION MATERIALS Endnote -- CONSTRUCTION MATERIALS 411 PAGE 2 OF 3 12/13/95 This report gives information about the soils as a source of roadfill, sand. gravel, and topsoil. The soils are rated "Good". "Fair". or "Poor" as a source of roadfill and topsoil. They are rated as a "Probable" or "Improbable" source of sand and gravel. The ratings are based on soil properties and site features that affect the removal of the soil and its use as construction material. Normal compaction, minor processing, and other standard construction practices are assumed. Each soil is evaluated to a depth of 5 or 6 feet. Roadfill is soil material that is excavated in one place and used in road embankments in another place. In this report, the soils are rated as a source of roadfill for low embankments, generally less than 6 feet high and less exacting in design than higher embankments. The ratings are for the soil material below the surface layer to a depth of 5 or 6 feet. It is assumed that soil layers will be mixed during excavating and spreading. Many soils have layers of contrasting suitability within their profile. The report entitled Engineering Index Properties is also available and it provides detailed information about each soil layer. This information can help determine the suitability of each layer for use as roadfill. The performance of soil after it is stabilized with lime or cement is not considered in the ratings. The ratings are based on soil properties. site features. and observed performance of the soils. The thickness of suitable material is a major consideration. The ease of excavation is affected by large stones. a high water table. and slope. How well the soil performs in place after it has been compacted and drained is determined by its strength (as inferred from the engineering classification of the soil) and shrink -swell potential. Soils rated "Good" contain significant amounts of sand or gravel or both. They have at least 5 feet of suitable material, a low shrink -swell potential. few cobbles and stones. and slopes of 15 percent or less. Depth to the water table is more than 3 feet Soils rated "Fair" are more than 35 percent silt- and clay -sized particles and have a plasticity of less than 10. They have a moderate shrink -swell potential, slopes of 15 to 25 percent, or many stones. Depth to the water table is 1 to 3 feet. Soils rated "Poor" have a plasticity index of more than 10, a high shrink -swell potential, many stones, or slopes of more than 25 percent. They are wet, and the depth to the water table is less than 1 foot. These soils may have layers of suitable material, but the material is less than 3 feet thick. Sand and gravel are natural aggregates suitable for commercial use with a minimum of processing. Sand and gravel are used in many kinds of construction. Specifications for each use vary widely. In this report only the probability of finding material in suitable quantity is evaluated. The suitability of the material for specific purposes is not evaluated. nor are factors that affect excavation of the material. The properties used to evaluate the soil as a source of sand or gravel are gradation of grain sizes (as indicated by the engineering classification of the soil). the thickness of suitable material. and the content of rock fragments. Kinds of rock, acidity. and stratification are given in the soil series descriptions. Gradation of grain sizes is given in the Engineering Index Properties report. A soil rated as a "Probable" source has a layer of clean sand and gravel or a laver of sand or gravel that contains up to 12 percent silty fines. This material must be at least 3 feet thick and less than 50 percent, by weight. large stones. All other soils are rated as an "Improbable" source. Coarse fragments of soft bedrock. such as shale and siltstone, are not considered to be sand and gravel. 0.F. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE • • CONSTRUCTION MATERIALS Endnote -- CONSTRUCTION MATERIALS --Continued PAGE 3 OF 3 12/13/95 Topsoil is used to cover an area so that vegetation can be established and maintained. The upper 40 inches of a soil is evaluated for use as topsoil. Also evaluated is the reclamation potential of the borrow area. Plant growth is affected by toxic material and by such properties as soil reaction, available water capacity, and fertility. The ease of excavating, loading, and spreading is affected by rock fragments. slope. a water table. soil texture. and thickness of suitable material. Reclamation of the borrow area is affected by slope, a water table, rock fragments, bedrock, and toxic material. Soils rate "Good" have friable loamy material to a depth of at least 40 inches. They are free of stones and cobbles, have little or no gravel, and have slopes of less than 8 percent. They are low in content of soluble salts, are naturally fertile or respond well to fertilizer. and are not so wet that excavation is difficult. Soils rated "Fair" are sandy soils, loamy soils that have a relatively high content of clay, soils that have only 20 to 40 inches of suitable material, soils that have an appreciable amount of gravel, stones, or soluble salts, or soils that have slopes of 8 to 15 percent. The soils are not so wet that excavation is difficult. Soils rate "Poor" are very sandy or clayey, have less than 20 inches of suitable material. have a large amount of gravel, stones, or soluble salts. have slopes of more than 15 percent. or have a seasonal water table at or near the surface. The surface layer of most soils is generally preferred for topsoil because of it organic matter content. Organic matter greatly increases the absorption and retention of moisture and nutrients for plant growth. GW 11/90 1 SUPPLEMENTAL•T REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER ilk use only 1. WELL PERMIT NUMBER 9, 5 2. t �., l E / c OWNER NAME(S) � � Mailing Address /c,.✓ , /,',, s City, St. Zip Phone ( ) 3. WELL LOCATION AS DRILLED: 1/4 1/4, Sec. Twp. , Range DISTANCES FROM SEC. LINES: ft. from See. line. and ft. from Sec. line. (north or south) (east or west) SUBDIVISION: LOT BLOCK FILING(UNIT) STREET ADDRESS AT WELL LOCATION: 4. STATIC WATER LEVEL: / -.,1 ft., Date/ , Time /.. , •y/S.--- Measurement Method: %I- , Length of airline (if used) ft. .5----,,e__ 5. PUMP: Type -,h,, -,.r5 Horsepower ., , Setting 50 feet. .S; ,�� , Power Source j f Discharge pipe / h", in., Discharge Pressure d r psi. i b . , 6. FLOW METER: Manufacturer )(- , Type \ ^ \ , Diameter inches, Average pumping rate Lgpm., Volume pumped during test /.2(10 7. TEST DATA: Date of Test ---- Recovery Data ----- Time Pumping Level Drawdown Pumping rate Pumping Pressure Time Water Level (feet) (feet) (gpm) (psi) (feet) _c) c �?f 3 - 1 /, -k' z;L) .;) f,3J 3, • ,S .1V 3/, d () 4, 8. DISINFECTION: Type Amt. Used 9. Water Quality analysis available, ® Yes ®No 10. Remarks 11. l have read the statements made herein and know the contents thereof, and that they are true to my knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the secon. degree and is punishable as a -ss 1 misdemeanor.] CONTRACTOR • , ? Phone i----C75--K---7 Lic. No. 4 32.. .IF Mailing Address . /S 4111111111. ; -'5/L. 2,.' Nammee/Title (Please type or print) Signature Date INSI r.,`l1ONS FOR SUPPLEMENTAL TEST BORT The report must be typed or printed in BLACK INK All changes on the form must be initialed and dated. Attach additional sheets if more space is required. Each additional sheet must be identified at the top by the well owner's name, the permit number, form name/number and a sequential page number. Report depths in feet below ground surface. This form may be reproduced by photocopy methods, or by computer generation with prior approval by the State Engineer. The original and one copy of this form must be submitted to the State Engineer's Office within 60 days after completing the well or 7 days after the permit expiration date, whichever is earlier. Another copy of the form must be provided to the well owner. If this form is submitted in conjunction with the Well Completion and Test Report, form number GWS -31, ONLY THE PERMIT NUMBER AND OWNER NAME NEED TO BE COMPLETED in items 1 and 2. 1. Complete the Permit Number in full. 2. Fill in Name and Mailing Address of Well Owner where correspondence should be sent. 3. Complete the blocks for the actual location of the well. For wells located in subdivisions the lot, block and subdivision information must also be provided. 4. Indicate the static water level, date, time, measurement method and depth of the airline orifice if used. 5. Describe the pump, power source, discharge pipe and operating pressure at the well head. 6. If a totalizing flow meter is installed, report the average pumping rate and the total volume of water pumped during the test. 7. Complete the test data as necessary, include also recovery information. Time should be clock time when measurements were taken. 8. Record the type and the amount of disinfection used, how placed and the length of time left in the hole. 9. Indicate if a water quality analysis was performed and submit a copy of the report if available. 10. Use the remarks area to note any additional information including additional equipment installed, water supply installation problems. 11. Fill in Company Name and Address of Contractor who constructed the well. The report must be signed by the licensed contractor responsible for the installation of pumping equipment. • • s _2(,/o o'clock... Beoi; 263 Pare 599 .....Ps.CCAi�Cr. THIS DEED, stale this 15th dray of April in the year of our Lord one thousand nine hundred and 1.ifty—two between frith (K PUnTLkt of the County of Garfield and State of Colorado, of the first part, and un.ifuli PU..TLtt of the County of Garfield and State of Colorado, of the second part: WITNESSETII, That the said party of the first Part, for and in consideration of the Asumof One Dollar andother ^boa ana valuable consiaerations to the all part y OC we first part in land paid by the said party of the second part, the receipt whereof is hereby confe:.;;ed and acknowledged, ha s granted, bargained, sold and conveyed, nrd by these presents do es grant, bargain, sell, convey and confirm, unto the said part y oof land, tq situate, d pang and pbeiart s heirs and assigns forever, all the following described loth Uas'fields and State of Colorado. to -wit: in the county or 6r,t6L,,, ,vection 7; Ni.;;N1t, bection 18; NtNWL, section 17; 61yr4, St4„ Section 16; gW4s1.r4, section 15; N;i4i11::i„ Nti44„, .ieotion 21; all in Tp. 6 b., it. 90 +r. 6th P. 1.. TOGtTIiiR with an undivided one—third interest in and to the SYKL.6 aitch, and an undivided one—half interest in and to all the water and water rights adjudi— cated thereto, specifically excluding therefrom, however, all water and water rights transferred to said bykes flitch from the itoderick aitch. 'l'OGETIIEIt 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 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. lurtenances, unto the TO IIAVE AND TO HOLT) the said premises above bargained and described, with the appurtenances, of the first part, said part y of the second part, his heirs and assigns forever. And the said party covenant, grant,erot for him so' 1 his heirs, executors, and administrators, does s and assigns, that at the timebargain, the and agree to and with the said part y of the second part, hisof ensealing and delivery of these presents,he is well seized of the premises above conveyed, `IaT o ood,fullpsur owr perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and has g and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clearfrom all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature server. and the above bargained premises in the quiet and peaceable possession of the said part y of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. of the 'first Hart has hereunto set his hand IN WITNESS WHEREOF, the said part y I.77. ?' and seal the day and year first above written. /) L ( ._(SEAL) ..(SEAL) STATE OF COLORADO 09. County of Garfield The foregoing instrument was acknowledged before me this 15th day of April A. D. 19 52 , by Crank Porter 19 53 ,Witness my hand and official seal. My commission expires. July 30, AVTY DEED. -Foe ?holographic Recur.lColo. Urndlord-Robinson Ptit. Co.. Dn' ilra. Itobinsus Legal Ulunks, MG Stout St.. Denver,• June 2 Reception No 179770. Char:. S. Kee ,an Recorder. KNOW ALL MEN BY THESE PUESENTS, That 1ALCOL': L. SCOTT and ALDlNr C. SCOTT of the County of Garfield for the consideration of Ten Dollars and other valuable considerations in hand paid, hereby sell and convey to BARTON -PORTER , and State of Colorado, 'Boit/vs. of the County of Garfield , and State of Colorado, the following real property, situate in the County of Garfield and State of Colorado, to -wit: The Southwest Quarter of the Northwest quarter; the Northwest Quarter of the Southwest ''urtrter and South ''al.f of the South Half of Section 17; East Half of the Southeast Quarter, South Halt' of the Northeast c`uarter, Section 18; and the Northwest Quarter of Section 20, all in Township 6 South, Range 70 ':!est of the 6th Principal Meridian, containing 560 acres, more or less, • according to the U. S. Government Survey thereof, together with an undivided interest in the Roderick Ditch and 39/100 of 12.63 cubic feet of water per second of time allowed to flow therein under Priority No. 172J with all its appurtenances, and warrant the title to the same, subject to taxes for the year 1352, payable in 1353; Signed and delivered this 25th day of June , A. D. 19 72. in the presence of (SEAL) . (SEAL) _.. (SEAL) (SEAL) STATE OF COLORADO, t ss. County of 1 E S A j The fore1oittg instrument was acknowledged before me this 25th day of June 19 521by,° p ih;ilco.lm L. Scott and Aldine C. Scott. iditneeys my! hn'ed and official scat. p. v oglnitissionexpires September 30, 1)54. fi:, 1!7J.!.td,t:/,., public. •If bo natural person or persona herr lnscrt tingle er names; If by person acting in representativer official capacity or ass: t�,r.. ii e[. 7 t r 1 - -"t tor, attorney -ht -fact or other rapacity or description: if by offices .a... st:pitch-. ter es off u�r-.:s the president or other officers of such corporation, naming It. —..r..a. .iek r. r£kdymc v i. ecaeion 1227. No. 997. WARRANTY DEED—.Sututore Form. The Bradford -Robinson Ftg. Co., MRs. Robinson's Legal alnnkn. 1840 Stout St.. Denver, Colo. Recorded at 8' 32 o'clock A M„ Mar 31, 1964 Reception No 224453..... Ghas. 9. Keegan Book 357 Page 45 Recorder. THIS DEED, blade this tenth In the year of our Lord one thousand nine hundred and between BRINKLEY B. BROWN day of March sixty-four of the County of Garfield and State of Colorado, of the first part, and BARTON PORTER and NARTIIA ELLEN PORTER of the County of Garfield and State of Colorado, of the second part: WITNESSETif, That the said party of the first part, for and inconsideration of the rum of One Dollar and other good and valuable considerations xIDOLIstr.S$ to the said part Y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and hythese presents do es grant, bargain, aril, convey and confirm unto the said parties of the second part, their heirs and nssigao forever, not in tenancy In common but in Joint tenancy, all the following described lot or parcel s of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: Parcel No. 1 - The SWISE4 and S'SW4 of Section 6; the NEA and the N1NW4 of Section 7; SZN', NISEI,- and NIi4SW4 of Section 8; SzNW4 and SWI; of Section 9; 'the MA of Section 15; N'NE4, NE4N14' of Section 16, Township 6 South, Range 90 (Jest of the Sixth Principal Meridian. Parcel No. 2 - The SZNE4, SE4NlJ4, NSW'% of Section 16, Township 6 South, Range 90 West of the Sixth Principal Meridian. Parcel No. 3 - The S'isi of Section 8; NsN64, SE4NE4 of Section 17; SW4MJ4 of Section 16, Township 6 South, Range 90 West of the Sixth Principal Meridian. Parcel No. 4 - The SE:4MJ4, NE4SW4, N1SE4, SW,NE4 of Section 17, Township 6 South; Range 90 West of the Sixth Principal Meridian. Parcel No. 5 - There is also conveyed the following described tract of land which has been used as means of ingress to certain of the above described property and which was conveyed by Frank Porter to thegrantor in a Warranty heed dated Norch 1, 1945, and recorded in Book 211 at Page 598 of the records of the County Clerk and Recorder of Carl fold County, Colorado, to -wit: A strip of land thirty (30) feet in width beginning at a point where the County Road up Alkali Creek crosses the South line of the NW4NE4 of Section 18, Township 6 South, Range 90 West of the Sixth Principal Meridian, thence Eosterly along the South side of the N1NE1,r, of Section 18, and the NW1M4 of Section 17, and a tract of land thirty (30) feet square located in the Southwest Corner of the NELNI4 of said Section 17, Township 6 South, Range 90 West of the Sixth Principal Meridian. Together with any and all water and water rights and ditches and ditch rights belonging to or used in connection with any and all of the land hereivabovc described. TOGETIIER with all and singular the hereditaments and appurtenances thereunto 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 raid 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. 788. WARRANTY DRED—T. J.tat t.n.et .—andfo d Robtnwo Mintier Corneae?, 181444 Stout Street, Denver, Comedo • e Fjlj Book 357 Page 46 TO HAVE AND TO IIOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second pert, their heirs and assigns forever. And the said part Y of the first part, for hien Belf, & his heirs, executors, and administrators, doC9 covenant, grant, bargain and agree to and with the said pertlea of the second part, thole helm and assigns, that at the time of the ensealing and delivery of these presents, Ile is well seized of the premises above conveyed, as of good, sure, perfect, absolute and In lefenaiblo estate of Inheritance In law, In fee simple, and ha 8 good right, full power and lawful authority to grant, bargain, Bell and convey tho seam 1n manner and form nforeenld, and that the same aro free and dear from all former and other grunts, bargains, sales, liens, taxes, assessments and Incumbrances of whatever kind or nature, soever, except reservations in United States patents and previous conveyances, if any; and easements and rights of way of n public or private nature; and first party excepts and reserves all oil, gas and other minerals in, on or under the above described real property, together with the right to enter upon, prospect for and remove the same upon payment of surface damage, and tho above hargnined premisen In the quiet and peaceable poneennlnn of the said parties of the second part, their heirs and ennignn, against all and every person or persons lawfully claiming or to claim the whole or any port thereof, the said part Y of the first part shell nod will WARRANT AND FOIREVEIR DEFEND. IN WITNESS W1111IlEOF, the said port Y of the first part has hereunto set his hm,d and Beal the day and year first nbove written. Signed, Sealed nnrl Delivered In the Presence of STATE OF COLORADO, [:Alii 11.1,11 1 ss. I'mmty ofI The foregoing Iunnvment woe nekuowledged before me this 19 (,t, , by• 1111 LNKLEY 11, BROWN. 91y l•OTIlllllenlpn enliven ,lu I t• :'!I Lith [SEAL] ....[SEAL] [SEAL] day of ;I:I rc 11 ,19 b i . lVluu'ss my hold and offldnl sent. Notary 1•rhur. •If I,v Wolin nl t•er•i,n .,r t,ernena Isere Innen limn or nnmr.; If I•y tern„n, nrltng In Vnerrlrrnlntivc lir offlrinl enpnrlty lir nn ntl,nvyh,-fart, then h,.ert n m of rrrn n. nrtr rentor, nllnrnry.in.lo elher rnpnrllV lir rlrnerinll,ot: If Ire offlrrr, of eortnnnllon, Ihrn il,,.,t no, of molt offhvr ..r offl„rrs. na the to,,I leett lir ether offlrem of nurh corporation...fling 11. g onl � 3 g p If; n L.1 o t3 A I" fi ry Conaidarat is IMAIRDAPITY DEED Oweeme DAMN N PORta t and MA !ORM, what mime is Post Office Dos 307, leV Castle. *Onear/ d Garfield Slew d . Sx we cersiaewice Tan Dollars ($10.00) and other valuable - oosisideration !MOM a hr Peg. basey'a) CMIAMOND ., ,".sem sed cerre,Isl a PORTER EXCNA11GE TIWS? dose tepid sashes* is • . Cesar d Garfield . sad Seed Colorado er foso_.K real property de Coad/ d Garfield Cwiosada.awit an undivided fifteen percent (151) interest in and t: the real property and water rights described on Exhibit 11 at+ uhed hereto: . aid lima also knows by wee mod number as will all its ePPmenalices. „d mss) the tide n the saw- subjoct fin all taxes and assessments subsequent to 1990 and all matters of record. Sip.od Otis 12th day of October STATE OF COLORADO. County of G l lI Tie: f O err tt ImInartera torig ac1Dw$°dcd be ase lbis 12th day of October . 19 90 ';1••497...-fisrton Porter and Martha Porter. L.- • l 3 / !f T. Women sod official seal. 1 f 4.. Moms mom -Cr,.+g - ft. M. lbs. Oa•. ~awn sus d �� maws I.M. - INtt1lYs i., Oyu. CO PIM —Ael$saes—ap UXI RI? "A" 'tbwnhi& 6 South, Range 90 West_,_ 4th P.K. SsCtbn 6t SWI SEI; Si SWI Becti%n 7: All, except that part lying westerly of existing County Road No. 314 Sectio D: SI; SI NI Section 9: Si NMI; S1WI Section I5: NWI; SWI SWI Section16: All Section .7: All SAction[8: NEI; NEI NMI, except that part lying westerly of existing County Road No. 314 Section 3: NWI Section.: NWI; WI NEI Township South, Range 91 West, 6th P.K. Section 1,1r Si NE '; NI SEI CEP?: 1. a trait of land situate in the SI NEI and the SiBEI of, Sectice 12, lying easterly of the existing County Road No. 314, *aid tract being described as follows: Beginning at a point vbence the East quarter corner of said Section 12 bears North .° 51' 01" East 431.24 feet; thence South 44' 58' 59" West 61].33 feet; thence South 73' 24' 15" Hest 141.44 feet, thence South 89' 43' 45" West 485.60 feet; thence South 88° 24' 30" Nest 283.47 feet to a point on the easterly right-of- way liras of said road; thence North 27' 11' 19" West 151.32 feet along the easterly right-of-way line of said road; thence North 19° 55' 05" West 106.75 feet along the easterly right- of-way line of said road; thence North 23' 44' 06" West 73.24 feet alon3 the easterly right-of-way line of said road; thence North 76° 20' 13" East 768.30 feet; thence Horth 38° 23' 30" East 90.0E feet; thence South 74' 36' 56" East 859.25 feet to the point of beginning, containing 12.56 acres more or less; and 2. that part of NEI SEI of Section 12 lying westerly and southerly of County Road No. 314. TOGETHER ;WITH that part of the following water rights historically., used on the above described real property: 1. 12.63 second feet of water allowed to flow in;t a Roderick Ditch under Priority No. 172-J; 2. 1.91 second feet of water allowed to flow in the Sykes and Alvord Ditch under Priority Mo. 138; 3. 3.20 second feet of water allowed to flow in the Sykes and Alvord Ditch under Priority No. 144AA; 4. 1.20 second feet of water allowed to flow in the Williams No. 1 Ditch under Priority No. 109CC; 5. 0.20 second feet of water allowed to flow in the Williams No. 1 Ditch under Priority No. 109CC; %worm to. — h•oniee • • stint DEC Ti4Yuhh11t lat* 1795, 0104ff1 • :,.. ,' , WARRANTY DEM .e. Orsesort • t P°1111k rlatANCE TRUST whore address is foray or Gar f ield • Naar d . frit the eassideratiess Ten Dollars ($1600) and other valuable consideration deems. in bead pU& Aeby albs) Pliflat $ 61,40 alai coaveytt) to BILLPORTER • • whole lead address is • .... Garfield . Ind Swot of Colorado c O County of =0 , e• ' darfield . sod 3tsie a ‘ .. . the following veal property in the County o( 2 C°Ireado• to wit: an undivivd fifteen percent (15i) interest in and ...1 C to the real property and water rights descr:tped on Exhibit A o .. u attached hereto; . 0 z •- also blown by street and mmixi with en its aPPallenanees. and verrands) d7.• tide so de saw.. seb}ea to all taxes and assessment* Isubsequent to 1990 and all matters of record. Signed the 1 3 th day ot October - .19 90 PORTER STATE OF COLORADO, County of Garfield I Tie tosersoser isstramess was ackeravirAised bedew me Ma 13th do, a October .79 90 . by DAN etleS7- , Trustee for Porter Exchange Trail t . .11. My coratnissioatetparat 0101,441, . Wane= my bead and ofkiel sail. , J1J1114•deeLt,' ,:-.• • ••• • ,;.• r.IT:.", %. 1 CO 0-7 L - - •-• - .-"--:. -2:7= - -- INS sit. Am. 4W apiairmr aws.........arn, 174,1ftwor • . fowl 01,111111it —do% iisilim_ ea, 1=1.m, 1.016= r. tvrg '795 X410 EXHIBIT "A" PORTER Township 6 South, Range 90 West, 6th P.M. Section 62 SN1 3E1; 51 31(1 / j`,7/,iJ. Section 7: All, except that part lying westerly of existing c)/5-0 County Road No. 314 u.t1,4 S`1 l45 Section t: Si; Si N4 Section 9: S1 WW1: Swi `; 351 i`(7 Section 15: NWi; SW1 5W1 77 7 f (5 I 2(f q`).-96( . Section 16: All Section 17: All / ).J,5 S cttl J UU 1> 35 i 3:-,---7( U ; Section 18: NEI; NE1 WW1, except that part lying westerly of existing County Road No. 314 ' Section 20: NW1 / ,-,Z� L(5 )5) Section 21: NMT; 81 NE1 Township 6 South, Range 91 West, 6th P.M. Section 12: S1 NE1; Ni SET, EXCEPT: 1. a tract of land situate in the 31 NE1 and the N1 SE/ of Section 12, lying easterly of the existing County Read No. 314, said tract being described as follows: Beginning at a point whence the East quarter corner of said Section 12 bears North 81. 51' 01" East 431.24 feet; thence South 648 Se' 38' West 653.33 feet; thence South 73' 24' 15" Vest 141.44 feet. thence South 89° 43' 45" Nest 485.60 feet; thence South h' 24' 30" West 283.47 feet to a point on the easterly right-of- way line of said road; thence North 27. 11' 19" lest 151.32 feet along the easterly right-of--wey lino of said road; thence North 19. 55' 05" West 106.75 fest along the easterly right- of-way line of said road; thence North 23. 44' 06" West 73.24 feet along the easterly right -of -May line of Said road; thence North 76" 20' 13" East 768.30 fest; thence North 38" 23' 30" East 90.00 feet; thence South 74. 36' 56" East 859.25 feet to the point of beginning, containing 12.56 acres more or less; and 2. that part of NE1 SE1 of Section 12 lying westerly and southerly of County Road No. 314. TOGETHER WITH that part of the following ester rights historically used on the above described real property: 1. 12.63 second feet of water .allowed to flow in the Roderick Ditch under Priority No. 172-J; 2. 1.91 second feet of water allowed to flow in the Sykes and Alvord Ditch under Priority No. 138; 3. 3.20 second feet of water allowed to flow in the Sykes and Alvord Ditch under priority No. 144AA; 4. 1.20 second feet of ester allowed to flow in the Williams No. 1 Ditch under Priority No. 109CC; 5. 0.20 second feet of rater allowed to flow in the Williams No. 1 Ditch under Priority No. 108CC; 14. Recorded at S9 e'eleek.. p M., MAY 131915 nuun 473 fncE 497 THIS DEED, Made this 12th day of May , 1975 , between HELEN R. McBURNEY and BARTON F. PORTER, Co - Personal Representatives of the Estate of Frank Porter, Deceased of the County of Garfield and State of Colorado, of the first part, and 9�f 1 s1A1E BARTON F. PORTER of the County of Garfield and State of Colorado, of the second part: WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable considerations to the said part ies of the first part in band paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha'$e granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said party of the second part, heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: Lots 3 and 4, part of the SE'sSIVI. of Section 7, part of the NE.NW?; and part of the NWLNEL, of Section 18, Township 6 S., Range 90 W., Tying northerly of the County road and the N}SEL, S;NEL, SELNWL of Section 12, Township 6 S., Range 91 W. containing 340.62 acres more or less, together with party of the first part's interest in the SWLNEL, SINWL, of Section 21, Township 6 S., Range 90 W.; except all oil gas and mineral rights; and except a tract of land situated in the S;NEL and the NSE of Section 12, Township 6 S., Range 91 W. of the 6th P.M. lying easterly of the easterly right-of-way line of a County road as constructed and in place, said tract being described as follows: Beginning at a point whence the E. L corner of said Section 12 bears N. 81°51'01" E. 431.24 feet; thence S. 64°58'59" W. 653.33 feet; thence S. 73°24'15" W. 141.44 feet; thence S. 89°43'45" W. 485.60 feet; thence S. 88°24'30" W. 283.47 feet to a point on the easterly right-of-way line of said road; thence N. 27°11'19" W. 151.32 feet along the easterly right-of-way line of said road; thence N. 19°55'05" W. 106.75 feet along the easterly right-of-way line of said road; thence N. 23°44'06" W. 73.24 feet along the easterly right-of-way line of said road; thence N. 76°20'13" E. 768.30 feet; thence N. 38°23'30" E. 90.00 feet; thence S. 74°36'56" E. 859.25 feet to the point of beginning, containing 12.56 acres, more or less. This deed is given in fulfillment of that certain land contract between the above named Frank Porter, now deceased, and the party of the second part dated December 31, 1968, and recorded on August 18, 1969, in Book 404 at Page 115 of the records in the office of the County Clerk and Recorder of Garfield County, Colorado. ROCIXAMit 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 ell the estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 463. WARRANT: DEED—For Photographic Record.—Bradford Publishing Co.. 1824-46 Stout Street. Denver. Colorado -8.72 tbuun473 fAG,E 498 TO HAVE AND TO HOLD the said premises above bargained and deecrlbed, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said parties of the first part, for thernelves helve, executors, and administrators, do covenant, grant, bargain and agree to and with the said party of the second part, his heirs and asslgme, that at the time of the eneealing and delivery of these presents well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, to fee aimplo, and ha ve good right, full power and lawful authority to grant, bargain, sell 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 assessments and encumbrances of whatever 'mover, or nature ever, except the lien of a Federal Land Bank mortgage which the second party assumes and agrees to pay and except any liens or encumberances created or caused to be created by the acts or defaults of the second party; and the above bargained premises in the quiet and peaceable possession of the said port y of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part les of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part les of the first part ha ve hereunto set their hands and scala the day and year first above written. Signed, sealed and Delivered in the Preeente of]-N.'LYIr.:..y [SEAL] Helen R. McBurney } on r. Y.tp�....�...wr [SEAL.] ar on Co -Personal Representatives of the E state of Frank Porter, Deceased [SEAL] STATE, OF COLORADO, j I U. County of Garfield 1 The foregoing instrument was acknowledged before mo this 13111 day of May 19 75 , by HELEN R. McBURNEY and BARTON F. PORTER, Co -Personal Representative., of the estate of Frank Porter, Deceased. My commission expires November 29 , 19 77 . Witness my hand and official seal. 1\•f s,;t s�Cv z :�i\Y DEED E y 4 1, - � 'Notary Peblls anneet Inn WARRANTY DEED Ihrislat --DEC 1 CI 'SiNt '795 so pORTER XC?NIGE TRUST ftentruMmen ij • t.+narVd Garfield •1of the iderat d and other valuablle � ddm. in bond pod. herbygents) •ren Dollars ($lOpp ) consideration nod wryest:) b otioseleesi adbec: is BSL3:pORTER County d Ore following veal Property Garfield Bre Cough fleorado, so wit- an undiviied to the real propertyand attached hereto; ad Se tc of Colorado Barfield ._d Stale et fifteen Percent (11`interest in and water rights described on Mbit A also known by lied and number as ata an its apporsesvoces. and asnsnNs) de tide to die same, sabj ct to all taxes and wase *. subsequent to 1990 and all matters of record• Signed Bras 13th day or octcber - 19 90 PORTER STATE OF COLORADO. Carey d Garfield !' The foregoing inorrrrrneso N" rekn wr r d beim! by DANaiS My co..:aics est 01"4911 11 , Tru m tlis 13th a 01 October ;tee for Porter Exchange QFmem oy bad and o ial scd. ¢:4 r Z't a„`o Moro. „br..s. arms COMM—Asn ws.s—sa .19 SO Trost. • r• Ivry '93.#!41� EXHIBIT "A" PORTER Township 6 South, Range 90 West, 6th P.M. Section 6: Section 7: Section 0: Section 9: Section 15: Section 16: Section 17: Section 18: Section 20: Section 21: swe SEt s si swi // 3 7/ y5' All, except that part lying westerly County Road No. 314 S{; 34 NI SI WWI; SWI ,/ 3<;-05 NWI: SW} SWl ✓ 35'7195-, 243/ Yc1 All of existing 2w (k)k; 3S7 �HS' • Al l✓ 2Jv Ste( 9 I L(/ ✓ 3S � 3, V5' NEI; NEI WWI, except that part existing County Road No. 314 *W* ✓ ),(e NWI; W} NE} . lying westerly of Township 6 South, Range 91 West, 6th P.M. Section 12: SI NEI; N} SE*, EXCEPT: 1. a tract of land situate in the 34 NE} and the N} SEI of Section 12, lying easterly of the existing County AcedBeMo.t a ' 314, said tract being described as follows: ginning point whence the East quarter corner of said Section12 bear . North 81. 51' 01" East 431.24 feet; thence South 64 50 ,59°r::... West 653.33 feet; thence South 73. 24° 15" West 141.04 feet,' tri, thence South 89° 43' 45" West 485.60 feet; thence South 88°' 24' 30" West 283.47 feet to a point on the easterly right-of- way line of said road; them North 27° 11' 19" West 151.32 feet along the easterly right-of-way line of said road; thence North 19. 55' 05" West 106.75 feet along the easterly tight - of -way line of said road; thence North 23. 44' 06" Meet 73.24 ; r., feet along the easterly right-of-way line of said road; thence »1 North 76° 20' 13" East 768.30 feet; thence North 38. 23° 30" East 90.00 feet; thence South 74. 36' 56" East 859.25 feet t0. the point of beginning, containing 12.56 acres more or less;. and 2. that part of NEI SE} of Section 12 lying westerly and southerly of County Road No. 314. TOGETHER WITH that part of the following water rights historically used on the above described real property: 1. 12.63 second feet of water :►flowed to flow in the eoderick Ditch under Priority No. 172-J; 2. 1.91 second feet of water allowed to flow in the Sykes and Alvord Ditch under Priority No. 130; 3. 3.20 second feet of water allowed to flow in the Sykes and Alvord Ditch under Priority So. 144AA; 4. 1.20 second feet of water allowed to flow in the Williams NO. 1 Ditch under Priority No. 109CC; S. 0.20 second feet of water allowed to flow in the Williams No. 1 Ditch under Priority No. 109CC; • 1,1 u1IIsIT "A" PORTtR 795 mr40Q �i"6 South Ren a 90 Meat 6th P.M. Sect bn 6: SW1 SE1; Si SWI Sectin 7: All, except that part lying westerly of existing County Road No. 314 Sectio; 9: Si; Si Si Sectlor 9: Si NMI; SWI Section15: NW1; SW1 SWI Section 16: All Section ,7: All Serction18: NEI; NE1 NWI, except that part lying westerly of existing County Road No. 314 Section :D: NWI Section :1': NW1; W} NEI Al Township South, Range 91 West 6th P.N. Section 13r Si NE N1 SEI CEPT: 1. a tract of land situate in the Si NEI and the Ni SO of Sectiui 12, lying easterly of the existing County Road Mo. 314, Enid tract being described as follows: Beginning at a point rbence the East quarter corner of said Section: 12 bears North 1° 51' 01" East 431.24 feet; thence South 64' 58' 59" West 617.33 feet; thence South 73' 24' 15" West 141.44 feet, thence South 89° 43' 45" West 485.60 feet; thence South 88' 24' 30" Nest 283.47 feet to a point on the easterly right-of- way lifer of said road; thence Borth 27' 11' 19" West 151.32 feet along the easterly right-of-waY line of said road; thence North 19° 55' 05" West 106.75 feet along the easterly right- of-way line of said road; thence North 23° 44' 06" West 73.24 feet along the easterly right-of-way line of said road; thence North 76° 20' 13" East 768.30 feet; thence North 38 23' 30" thetpointf of�beginning, containing nce South tai ing 1'2 556 6" acres st 859.25 feet to aore or less;; and 2. that part of NE1 SEI of Section 12 lying westerly and southerly of County Road No. 314. TOGETHER WITH that part of the following water rights historically._ used on the above described real property: 1. 12.63 second feet of water allowed to flow in,the Roderick Ditch under Priority No. 172-J; 2. 1.91 second feet of water allowed to flow in the Sykes and Alvord Ditch under Priority Mo. 138; 3. 3.20 second feet of water allowed to flow in the Sykes and Alvord Ditch under Priority No. 144AA; 4. 1.20 second feet of water allowed to flow in the Williams No. 1 Ditch under Priority No. 109CC; 5. 0.20 second feet of water allowed to flow in the Williams No. 1 Ditch under Priority No. 109CC; (5) THE LOCATION OF THE PRO' •SED 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. + -t- I - +- - - J 2 O 1-Z U w w — 1 MILE, 5280 FEET --- —]I NORTH SECTION LINE I I -4- — + _ 4 f� I SOUTH SECTION LINE The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. 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. (6) THE WEL MUST BE LOCATED BELOW bydislances from section lines. e VV ,2 3a o ft. from /✓�Qi- YI sec. line (north or south) ft from (.-(J e 5i sec. line (east or west) LOT BLOCK FILING # SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner' gI`i/ 8?L No. of acres 3 5 the only well on this tract? CieS . Will this be (8) PROPOSED CASING PROGRAM Plain Casing 6 in from -1/ ft to ft. Ci in from ft to /0 0 ft, Perforated casing / in from l 0 U ft. to /c':2D ft in from ft to �t (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): lQ v % ev, a,-// firer fe` No. of acres. 35 Legal description: .1e. .t" G (7C c h d (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal b (e_ Fe? A-1 f -C e Ae3-s..e l4 wsr .5 system to a used. rtokSe ha id CIS' € (moi C l s`iw 4 ( tI 6_ / (12) OT ER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. f 'r� Type or right Used for (purpose) Description of land on which used (13) THE API LICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE im) THE BEST OF HIS KNOWLEDGE. SIGNATURE OF 4PPL ICANT(S) Use additional sheets of paper if more space is required. WRJ-5-Rev. 76 •LORADO DIVISION OF WATER RESCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM Application must be complete where (1A PERMIT TO USE GROUND WATER applicable. Type or .PERMIT TO CONSTRUCT A WELL print in BLACK FOR: ( A PERMIT TO INSTALL A PUMP INK. No overstrikes or erasures unless ( ) REPLACEMENT FOR NO initialed. ( ) OTHER WATER COURT CASE NO 1996r (1) APPLICANT - mailing address NAME g %16H oL Br // STREET /0 70 317 a 4/ecu C-� s /( Co ?/6 4( 7 (State) (Zip) 970 '?'1.4.f. i qS CITY TELEPHONE NO (2) LOCATION OF PROPOSED WELL County S LL) -4=13/4/of the ./ Twp. 5� S . R ng. g( '/4, Section /)— 'Or Cc) IN,S} (E,W) P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): (5 -1, 5 Number of acres to be irrigated: (t0 Proposed total depth (feet) : 1)-0 Aquifer ground water is to be obtained from: vi d�✓�. Y� b ` 1-0 CO Ld /,J2I-- Po v Pov fk- Owner's well designation �-s GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) ( U'DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN (4) DRILLER Name Cor ( Ot 5 6 r G 11L G� /co / S 6/(,),/Z / Q // City 6 (enc )d'OO JDr r(i+� f (c D `6 0/ ` State) (Zip) Street Telephone No. 9'7000077Lic. No )) 3 9�(5 t 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. RECEIVED JAN f 7 1996 Subject to Revision APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE BY ID (STATE ENGINEER) COUNTY 2 3 !lr 1)(>Ol: 11. 0 Recorded at. 10:30 }>ttmh 146 Reception . a1....1t.E.p]19.11`.i.,. Recorder. o'ctock ns.....M., . !1)r i 1 28, 1972 THIS DEED, Made this day of , 19 72, FRANK PORTER, also known as FRANK A. PORTER between ox the County of Garfield and state of Colorado, of the first port, and STATE 600NCJARY 01 APR 281972 BARTON F. PORTER of the County of Garfield and state of Colorado, of the second part, WITNI;SSETII,That the said party of the first part, for and in consideration of the sum of One Dollar and other valuable considerations RIEWEG. to the said part y of the first part in band paid by the said part y of the second port, the receipt whereof is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said part y of the second part, ids heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said part y of the first part ha s in and to the following described lot or parcel of land situate, hying and being in the County of Garfield and State of Colorado, to wit: A tract of land situated in the SE1/4N4P4 of Section 12, T. 6 S., R. 91 W. of the 6th P.M., lying Southwesterly of a county road as constructed and in place, described as follows: Beginning at a point whence an iron post with a brass cap properly marked for the East Quarter Corner of said Section 12 (said Iron Post with brass cap set under the supervision of Thomas W. Walker, County Surveyor, Nov. 22, 1966) bears S. 78°53'49" E. 3001.45 feet; thence N. 63°10'12" W. 295.26 feet; thence N. 60°07'28" W. 301.12 feet; thence N. 25°26'26" W. 278.44 feet; thence N. 44017'54" W. 136.87 feet; thence N. 87°25'30" W. 335.49 feet to a point on a fence as constructed and in place; thence North 1.26.00 feet along said fence; thence East 247.36 feet to a point on the Southwesterly line of said road; thence S. 64047'17" E. 428.76 feet along said road; thence S. 62°11'55" E. 79.80 feet along said road; thence S. 55°34'29" E. 175.31 feet along said road; thence S. 58°56'54" E. 158.93 feet along said road; thence S. 70°30'57" E. 142.83 feet along said road to a point in a fence as constructed and in place; thence S. 14° 57'35" W. 317.85 feet along said fence to the point of beginning. The above described parcel of land contains 6.15 acres, more or less. TO HAVE AND 10 HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part y of Ore first part, either in law or equity, to the only proper use, benefit and behoof of the said part y of tho second part, his heirs and assigns forever. 1N WITNESS WIIEREOF, Tho said part y of the first part hu s hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in tho Presence of STATE OF COLORADO, • as. County of Garfield .1....:.. . .) ".£e..! 1 4. [SEAL] FRANK PORTER, also known as FRANK A. PORTER [SEAL] [SEAL] [SEAL] The foregoing Instrument wad acknowledged before me this day of 19 72 ,by Frank Porter, also known as Prank A. Porter. My commission expires , 19 . Witness my hand and official seal. Neter', Pebble. •if by natural person or persons here Insert name or names; If by person acting In representative or official capacity or as attorney -In -fact, then Insert name of person as executor, attorney -ht -fact or other capacity or description; If by officer of cor- poratlen then Insert name of inch officer or officers, as tiropresident or other officers of such corporation, naming It—Btotutonl Acknowledgment, Sec, 116.6-1 Colorado Revised Statutes 1803. No. 933. QUIT CLAIM DEED. Undford Publishing' Co.. 1624 Stout Street, Denver, Colorado. -6 4e Board Ross Talbott - Chairman William Montover Sean Mello Tom Voight Gordon Witzke • • Burning Mountains Fire Protection District Box 236 Silt, CO 81652 Don Zordel - Chief Stu Cerise - Assist. Chit December 18, 1995 To Who It May Concern: This is to inform you that the property owned by Barton and Bill Porter at approximately 3100 and 3400 County Road 314 is within the Burning Mountains Fire Protection District and we do provide fire protection to same. It should be noted that the distance from the station will cause some length in response time. Thank you, Donald Zordel, Chief Burning Mountains FPD • • AD. )ENDUM This Addendum is made to ti.at cer in Agreement for Sale and Purchase of real property date. December , 1968 between Frank Porter of the County of C `field, and State of Colorado, party of the first part an. arton F. Porter of the County of Garfield and State of C ,Lado, party of the second part: WHEREFORE, first party has caused to surveyed the land surrounding the residence and buildir_s of first party pursuant to said agreement for sale and purchase of -real -- property which property together with the improvements and all ditch and water rights used in connection therewith are excepted from the said agreement for sale and purchase of real property. The description of said excepted parcel is as follows: A tract of land situated in the S 1/2 NE 1/4 and the N 1/2 SE 1/4 of Section 12, Township 6 South, Range 91 West of the 6th P.14.-1.yir3g easterly of the easterly right-of-way--,3.ine of a County road as constructed and in place, said tract being described as .ollows: Beginning at a point whence the E 1/4 corper of said Section 12, bears North 81° 51' 01",East 431.24 feet; thence South 64° 58' 59" West 653.33.feet; thence South 73° 24' 15" West 141.44 feet; thence South 89° 43' 45" West 485.60 feet; thencc.South 88° 24' 30" West 283.47 feet to a point on the easterly right-of-wy line of said road; thence North,27° 11' 19" West 151.32 feet along the easterly right-of-way line of said road; thence North 19° 55' 05" West 106.75 feet along the easterly right-of-way line of said,road; thence North 23° 44' 06" West 73.24 feet along the easterly right-of-way line of said road; thence Ngrth 76°•20' 13" East 768.30 feet; thence North 38° 23'u30" East 90.00 feet; thence South 74° 36' 56" East 859.25.feet to the point of beginning, containing 12.56 acres, more oriJgss. Together with all improvements situated thereon and all ditch and water rights used in connection therewith, including but not exclusively the Bud No. 2 Ditch priority No. 237 for 1.5 c.f.m. Dated this 3L day of July, 1969. _Frank Porter. 79:72.=, r Barton Pr -x: er r Received from: �� �� JOHN cit.. GRAND JUNCTION LARRATORE 435 NORTH AVENUE • • PHONE 242-7618 • GRAND JUNCTION, COLORADO 81501 ANALYTICAL REPORT Barton Porter PO Box 1731 Rifle, CO 81650 3733 water Customer No. Laboratory No Sample 2/10/97 2/12/97 Date Received Date Reported Sample 3733 3734 W#1 W#2 Nitrate(N) 2.19 mg/1 2.62 mg/1 NOTE: Lower detection level for Nitrate is 0.01 mg/l. Method from "Annual Book of ASTM Standards," D3867 -90B. Analyzed 2/12/97. Drinking limit is 10. Director: B. Bauer Received from: JOHN C. KEPHART & CO. GRAND it] 435 NORTI-I AVENUE CTLN LAOATORftS • PHONE 242-7618 • GRAND JUNCTION, COLORADO 81501 ANALYTICAL REPORT Customer No. Laboratory No Sample Date Received Date Reported NOTES: To be considered "Safe" for human consumptio.',` a public drinking water must have less than one colony coliform bacteria per 100m1 sample. Chlorination is the most ef{ective treatment. Director7, S. Bauer • • District: III Road: J14 Permit #: 006-97 0 GARFIELD COUNTY APPLIOATION F O R DRIVEWAY PERMIT Application Date 02-11-1997 I, PORTER, BILL (herein called "Applicant"), hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach(es) on the right-of-way of Garfield County Road Number 314 adjacent to Applicant's property located on the EAST side of the road, a. distance of 2.7 mile(s) from CO RD 314 & CO RD 335 INT for the purpose of obtaining access to PRIVATE RESIDENCE Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposer instal- lation showing all necessary specification detail including (1) front- age of lot alona road, (2) distance from centerline of road to property line, (3) number of driveways requested, (4) width of pro- posed driveway(s) and angle of approach, (5) distance from drivewaY to road intersection, if any, o) size and shape of area separating driveways if more than one approach, and (7) setback distance of building(s) and other structures or improvements. GENERAL PROVISIONS FIRST: The Applicant represents all parties in interest, and affirms that the drivewa•r approach(es) is to be constructed by him for the bona fide puroose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right-of-way, SECOND: The Applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway (s) and i t =. a -.Pur tenances on the right-of-way. All work shall "' ) days Y completed W i.� •.1 to V '.i O 1 the Permit date. THTRD: The type Or construction shall be as designated and/or approves ty the Board of County Commissioner's or their representative, and all materials used shall be of satisfactory quality and subject to inspec- tion and approval of the Board of County Commissioners or their representative. FOURTH: The traveling public shall ':e Protected during the instal- lation with proper warning sians and stanals and the Board of CountY Commissioners and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by mason of the exerc'_se of the Permit. • • FIFTH: The Applicant shall assume responsibility for the removal or clearance of snow, ice or sleet upon any portion of the driveway ap- proach(es) even though deposited on the driveway(s) in the course of the County snow removal operations. SIXTH: In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be securely braced before the fence is cut to prevent any slacking of the remain- ing fence, and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. SEVENTH: No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without the written permis- sion of the Board of County Commissioners. E GHTH: Provisions and specifications outlined herein shall apply on ail roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth or: the attached hereof and incorporated herein as conditions hereof. SPECIAL CONDITIONS MUST GRAVEL AT LEAST 50 FEET FROM COUNTY R -O -W 15" CULVERT `EQUIRED RESPONSIBLE FOR TWO YEARS FROM DATE OF COMPLETION In signing this application and upon receiving au.horiZatiOn and permission to install the driveway approach(es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the drive- way(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners. Signed Sidnaturc of Applicant (Address) (Telephone Number PERMIT GRANTED THIS i DAY OFaLL1: 1, Q7 SUF: ECT TO THE PROVISIONS, SPECIFICATIONS, AND CONDITIONS STI).JLATED HEREIN. For Board of County Commissioners of Garfield County, Colorado BY - • • SPECIFICATIONS 1. A driveway approach is understood to be that portion of the high- way right-of-way between the pavement edge and the property line which is designed and used for the interchange of traffic between the road- way pavement and the abutting property. 2. At any intersection, a driveway shall be restricted for a suf- ficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the highway in order to maneuver safely and without interfering with highway traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the highway right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet, Additional entrances or exits for parcels or property having a frontage in excess of one hundred (100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the hiahway and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the hiahway right-of-way is specifically prohibited. Off -the -road parking facil- ities should be provided by commercial establishments for customers" vehicles. 10, The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder -lope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than 10 percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or highway. The Applicant will be required to provide, at his own expense, drain- age structures at entrances and exits which will become an integral part of the existing drainage system. The dimensions of all drainage structures ,rust be approved by the Board of County Commissioners or their representative prior to installation. NOTE: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch. • • <+> GARFIELD COUNTY ROAD & BRIDGE DEPARTMENT <+> SPECIAL PROVISIONS FOR EXCAVATION OF ROAD SURFACE AND INSTALLATION PERMIT #: 006-97 D PERMITTEE: PORTER, BILL INSPECTOR: SUB -CONTRACTOR: 1) ANY OVERSIZED MATERIAL (LARGER THAN 10 INCHES IN DIAMETER), THAT IS NOT UTILIZED IN BACKFILL WILL BE HAULED OFF BY PERMITTEE. FURTHER, ANY FROZEN MATERIAL WILL BE REMOVED FROM SITE BY PERMITTEE. 2) WHEN A PAVED OR CHIPPED SURFACE IS CUT, IT IS TO BE REPLACED WITH A MINIMUM TWO INCH (2") HOTMIX ASPHALT PATCH. A TEMPORARY PATCH WITH COLD MIX ASPHALT WOULD BE ALLOWED, WHICH WOULD BE REPLACED WITH HOTMIX ASPHALT WHEN THE WEATHER OR AVAILABILITY OF MATERIALS ALLOWS THE WORK TO BE COMPLETED. AN ASPHALT OR CHIPPED SURFACE CUT WOULD REQUIRE THE ROAD TO BE STRAIGHT CUT AND SQUARED BY MEANS OF A PAVEMENT CUTTER OR SAW. A CHIPPED SURFACE CUT WILL REQUIRE A SEAL COAT OF THE PATCH WHICH WILL BE FULL WIDTH OR HALF WIDTH OF ROADWAY OVERLAPPING EDGES BY TWO FOOT MINIMUM WHICHEVER IS REQUIRED TO INSURE AN ADEQUATE SEAL OVER THE UNDISTURBED PORTION OF THE ROADWAY IN THE VICINITY OF THE EXCAVATION, ASPHALT HOTMIX OR COLD PATCHES WILL BE COMPLETED IN A MAXIMUM OF FIVE WORKING DAYS, WEATHER PERMITTING. 3) WHEN POSSIBLE ALL INSTALLATIONS SHOULD AVOID THE TOP EDGE OF A FILL SLOPE. 4) INSTALLATIONS IN DRAINAGES SUBJECT TO FLASH FLOODING, WILL HAVE A MINIMUM BURY OF 4 FEET DEEPER THAN NORMAL FLOW LINE AT NEAREST ABUTMENT OR WING WALL. S) INSTALLATIONS AT CULVERT CROSSINGS WILL BE BURIED BENEATH THE CULVERT WITH A MINIMUM SEPARATION OF 18 INCHES BETWEEN INSTALLATION AND THE BOTTOM OF THE CULVERT, 6) OPEN TRENCHES ADJACENT TO THE TRAVELED ROADWAY SHALL SE BACKFILLED DAILY TO WITHIN 100" OF THE WORKING AREA OF THE TRENCH, AND SHALL BE BARRICADED WITH WARNING DEVICES AFTER DARK. IN AREAS BEING DISTURBED WHERE VEGETATION IS ESTABLISHED, RESEEDING WITH A GRASS AND CLOVER MIXTURE EITHER BY BROADCASTING OR DRILLING. y1TH SEED MIXTURES SUITABLE TO THE CLIMATIC CONDITIONS OR EXISTING VEGETATION WILL BE PERFORMED. USE ONLY CERTIFIED WEED -FREE SEED. NOXIOUS WEED CONTROL WILL BE ONGOING ALONG WITH REVEGETATION. 8) THE PERMITTEE SHOULD CHECK THE R -O -W OF SURROUNDING LANDOWNERS TO SEE IF OTHER PERMITS ARE REQUIRED, I.E., BLM, FOREST SERVICE. FLki. GARFIELD COUNTY PORTER, BILL (PERMITTEE) • • 1 District: I Road: 1 Permit #: III 3 1 4 007-97 D GARFIELD COUNTY APPLICATION FOR DRIVEWAY PERMIT Application Date 02-11-1997 I, PORTER, BILL (herein called "Applicant"), hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach(es) on the right-of-way of Garfield County Road Number 314 adjacent to Applicant's property located on the EAST side of the road, a distance of 2.8 mile(s) from CO RD 314 & CO RD 335 INT for the purpose of obtaining access to PRIVATE RESIDENCE Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed instal- lation showing all necessary specification detail including (1) front- age of lot along road, (2) distance from centerline of road to property lire, (3) number of driveways requested, (4) width of pro- posed driveway(s) and angle of approach, (5) distance from driveway to road intersection, if any, (6) size and shape of area separating driveways if more than one approach, and (7) setback distance of building(s) and other structures or improvements. GENERAL PROVISIONS FIRST: The Applicant represents all parties in interest, and affirms that the driveway approach(es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right-of-way. SECOND: The Applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s) and its appurtenances on the right-of-way. All work shall be completed within 3O days of the Permit date. THIRD: The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative, and all materials used shall be of satisfactory quality and subject to inspec- tion and approval of the Board of County Commissioners or their representative. FOURTH: The traveling public shall be protected during the instal- lation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the Permit. SPECIFICATIONS 1. A driveway approach is understood to be that portior, of the high- way right-of-way between the pavement edge and the property line which is designed and used for the interchange of traffic between the road- way pavement and the abutting property. 2. At any intersection, a driveway shall be restricted for a suf- ficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the highway in order to maneuver safely and without interfering with highway traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the highway right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels or property having a frontage in excess of one hundred (100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the highway and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the highway right-of-way is specifically prohibited. Off -the -road parking facil- ities should be provided by commercial establishments for customers" vehicles. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than 10 percent (10a). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or highway. The Applicant will be required to provide, at his own expense, drain- age structures at entrances and exits which will become an integral part of the existing drainage system. The dimensions of all drainage structures must be approved by the Board of County Commissioners or their representative prior to installation. NOTE: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch. <+> GARFIELD COUNTY ROAD & BRIDGE DEPARTMENT <+> SPECIAL PROVISIONS FOR EXCAVATION OF ROAD SURFACE AND INSTALLATION PERMIT #: 007-97 D PERMITTEE: PORTER, BILL INSPECTOR: SUB -CONTRACTOR: 1) ANY OVERSIZED MATERIAL (LARGER THAN 10 INCHES IN DIAMETER), THAT IS NOT UTILIZED IN BACKFILL WILL BE HAULED OFF BY PERMITTEE. FURTHER, ANY FROZEN MATERIAL WILL BE REMOVED FROM SITE BY PERMITTEE. 2) WHEN A PAVED OR CHIPPED SURFACE IS CUT, IT IS TO SE REPLACED WITH A MINIMUM TWO INCH (2") HOTMIX ASPHALT PATCH. A TEMPORARY PATCH WITH COLD MIX ASPHALT WOULD BE ALLOWED, WHICH WOULD BE REPLACED WITH HOTMIX ASPHALT WHEN THE WEATHER OR AVAILABILITY OF MATERIALS ALLOWS THE WORK TO BE COMPLETED. AN ASPHALT OR CHIPPED SURFACE CUT WOULD REQUIRE THE ROAD TO BE STRAIGHT CUT AND SQUARED BY MEANS OF A PAVEMENT CUTTER OR SAW. A CHIPPED SURFACE CUT WILL REQUIRE A SEAL COAT OF THE PATCH WHICH WILL BE FULL WIDTH OR HALF WIDTH OF ROADWAY OVERLAPPING EDGES BY TWO FOOT MINIMUM WHICHEVER IS REQUIRED TO INSURE AN ADEQUATE SEAL OVER THE UNDISTURBED PORTION OF THE ROADWAY IN THE VICINITY OF THE EXCAVATION. ASPHALT HOTMIX OR COLD PATCHES WILL BE COMPLETED IN A MAXIMUM OF FIVE WORKING DAYS, WEATHER PERMITTING. 3) WHEN POSSIBLE ALL INSTALLATIONS SHOULD AVOID THE TOP EDGE OF A FILL SLOPE. 4) INSTALLATIONS IN DRAINAGES SUBJECT TO FLASH FLOODING, WILL HAVE A MINIMUM BURY OF 4 FEET DEEPER THAN NORMAL FLOW LINE AT NEAREST ABUTMENT OR WING WALL. 5) INSTALLATIONS AT CULVERT CROSSINGS WILL BE BURIED BENEATH THE CULVERT WITH A MINIMUM SEPARATION CE 18 INCHES BETWEEN INSTALLATION AND THE BOTTOM OF THE CULVERT. 5 i OPEN TRENCHES ADJACENT TO THE TRAVELED ROADWAY SHALL FE BACKFILLED DAILY TC WITHIN 100 OF THE WORKING AREA OF THF TRENCH, AND SHALL BE BARRICADED WITH WARNING DEVICES AFTER DARK. IN AREAS BEING DISTURBED WHERE VEGETATION IS ESTAELISHED, RESEEDING WITH A GRASS AND CLOVER MIXTURE EITHER BY BROADCASTING OR DRILLING, WITH SEED MIXTURES SUITABLE TO THE CLIMATIC CONDITIONS OR EXI'S,TING VEGETATION WILL BE PERFORMED. USE ONLY CERTIFIED WEED -FREE SEED. NOXIOUS WEED CONTROL WILL BE ONGOING ALONG 'WITH REVEGETATION. 8) THE PERMITTEE SHOULD CHECK THE R -O -W OF SURROUNDING LANDOWNERS TO SEE IF OTHER PERMITS ARE REQUIRED, I.E., BLM, FOREST SERVICE. R GARFELD COUNTY �'T PORTER, BILL (PERMITTEE) Garfield County Road & Bridge Department P.O. Box 2254 Glenwood Springs, CO 81602 Phone: 970-945-6111 Fax: 970-945-0934 King Lloyd, Supervisor Please remit for the following permit(s): Name: Address: City: Phone: PERMIT(s) #: 005-97 D PORTER, BILL 1070 CO RD 314 NEW CASTLE 984-2845 Utility Cut Permits-# s: From: Today's Date: 02-11-1997 Date of Issue 02-11-97 Bond Holder: ST: CO ZIP: 81647 To: Driveway Permits -#s: From: 005-97 To: Over Size Permits -#-s: From: Over Weight Permits -#s: From: Please P. Paid ? (Yes To: To: - Total Utility -97 Total Driveway - Total Over Size - Total Over Weight Fax/Administration Charges: TOTAL DUE -> -> ermit #s On Check r No) Check #:1-127-4 63.00 For GaCounty: , 0 0 60,00 ,0 • 0 J .00 .00 sai6, ‘561,4 e€& nu:ea., ea. Phone 963-2812 Phone 945-4079 Test Report Barton Porter Date Tested - 2/6/97 Well #1 - Upper Well Well Depth 15' Static Level 5'11" Pumping Level 6"3" 4 hour test Pump Size 3/4 hp Pump Setting 14' Discharge Size 1" Flow Rate 24 gpm Report done by: Collins Drilling & Pump Service BUt Collars P.O. Box 0516 Carbondale, Colorado 81623 Date Tested - 2/10/97 Well #2 - Lower Well Well Depth 40' Static Level 6'2" Pumping Level 8'11" 4 hour test Pump Size 3/4 hp Pump Setting 36' Discharge Size 1" Flow Rate 22 gpm • \Art. ev-4;,/t, "b6 .LZA�-�- ,- -1 (-- u, )6/T ca --;„44,- „I -al 7,4 99 7 • r 11 RairTA.7.77-r JAN 41997 ?AAF€LD coutinl GARFIELCOUNTY SURVEYOR'S OFFICE MARCH 17, 1997 GARFIELD COUNTY PLANNING DEPT. 109 EIGHTH STREET GLENWOOD SPRINGS, CO. 81601 ATTN: MR. MARK BEAN, DIRECTOR RE: COUNTY SURVEYOR REVIEW OF THE PORTER NO. 2 SUBDIVISION EXEMPTION PLAT DEAR MARK; I HAVE REVIEWED THE ABOVE REFERENCED EXEMPTION PLAT AND NOTE THE FOLLOWING: 1) IDENTIFY ACCESS AND UTILITY EASEMENT ON THE PLAT MAP. 2) THE BUILDING ENVELOPE ON PARCEL "A" SHOULD SHOW A 25' SETBACK FROM THE COUNTY ROAD. LIKEWISE, THE BUILDING ENVELOPE FOR PARCEL "A" SHOULD REFLECT A 10' SETBACK FROM THE REAR PROPERTY LINE. 3) SHOULD THE BUILDING ENVELOPE FOR PARCEL "A" ENCROACH THE ROAD EASEMENT NEAR ITS' SOUTHEAST CORNER? 4) THE SURVEYORS' CERTIFICATE SHOULD REFLECT THE NAME OF THE PLAT AS "PORTER NO. 2 SUBDIVISION EXEMPTION." 5) THE PROPERTY DESCRIPTION FOR PARCEL "A"STATES THAT THE TRACT IS SITUATED IN THE SW1/4NE1/4 AND THE NW1/4SE1/4 OF SECTION 12. THE MAP SHOWS THE TRACT TO BE SITUATED IN THE SW1/4NE1/4 ONLY. 6) THE PROPERTY DESCRIPTION FOR PARCEL "B" STATES THAT THE TRACT IS SITUATED IN THE SW1/4NE1/4 OF SECTION 12. THE MAP SHOWS THE TRACT TO BE SITUATED IN THE SW1/4NE1/4 AND THE NW1/4SE1/4 ALSO. SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO GIVE ME A CALL. CC: FRANK HARRINGTON, P.L.S. HIGH COUNTRY ENG., INC. 923 COOPER AVE. GLENWOOD SPRINGS, CO. 81601 SENT VIA FAX: 945-5948 COUNTY FILES SINOERELY; AMUEL PHELPS AS GARFIELD COUNTY SURVEYOR County Courthouse Bldg. 109 Eighth Street Glenwood Springs, CO 81601 (970) 945-1377, Ext. 2510 Samuel Phelps Garfield County Surveyor Private Office 214 E. Eighth Street , Ste. 210 Glenwood Springs, CO 81601 PH: (970) 928-8233 FAX: (970) 945-8565 • Verlene Bruce White • C*Ai =i.t..D COUNTY 4212 Pin Oak Drive Loveland, CO 80538-2337 February 3, 1996 Board of County Commissioners Garfield County Courthouse, Suite 301 109 8th Street Glenwood Springs, CO 81601 Re: Request for Subdivision Exemption by Bill and Barton Porter To Whom It May Concern: Telephone 970-669-4172 r• COt! ' CA :�F/L D tiTY CCp/U6810N I may not be able to attend the public meeting on February 13, 1996 regarding the changes requested by Bill and Barton Porter but would like for the County Commissioners to take into consideration the impact this may have on the future development of the minerals connected to the property on Exhibit A. My children, Donald K. White, Jr., Katharine A. Frey, and Deirdre J. White Jones, and I together own 51% of the mineral rights on much of the property under consideration. I know that environmental issues and homeowners' rights have figured into previous discussions concerning the development of some of those resources and I do not want to preclude the possibility of future activity which would bring to reality the development of those rights owned by my family. The Porter family and the Bruce family have a long history of congenial relationships and cooperation in the use of the land. I do not want to be totally restrictive as to how the Porters use their property. The notice does not state whether the intent is to sell the two small parcels and retain the 3,595 acre parcel for continued agricultural use or whether the two small parcels would be for homesites for family use. I believe that careful consideration needs to be made as to precedence being set for subdividing land that has long been used for agricultural and mining purposes. The development of minerals would be severely hindered if you allow continued subdivision of such property in Garfield County. • • Board of County Commissioners Garfield County February 3, 1996 Page 2: Currently it appears that efforts to develop the minerals are at a standstill, but the fact still remains that one of the richest veins of coal in the western United States lies under that property. We continue to pay taxes on those minerals even though we are receiving no benefit at this time. Please take our rights of ownership into consideration as you make the decision on February 13th. Sincerely yours, Verlene Bruce White