HomeMy WebLinkAbout1.0 Application• 1
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the
Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49,
the undersigned
George McCune respectfully petitions
the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution
the division of a 49.91 acre tract of land into three tracts of approximately _
and 2.759
36.306, 10.085/ acres each, more or less, from the definitions of "subdivision" and
"subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a)
- (d) and the Garfield County Subdivision Regulations for the reasons stated below:
To develop and sell the property in three parcels.
SUBMITTAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with all the following
information:
A. Sketch map at a minimum scale of 1"=200' showing the legal description of the
property, dimension and area of all lots or separate interests to be created, access
to a public right-of-way, and any proposed easements for drainage, irrigation,
access or utilities;
B. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic
and geographic relation of the proposed exemption to the surrounding area
within two (2) miles, for which a copy of U.S. G.S. quadrangle map may be used.
C. Copy of the deed showing ownership by the applicant, or a letter from the
property owner(s) if other than the applicant; and
D. Names and addresses of owners of record of land immediately adjoining and
within 200 feet of the proposed exemption, mineral owners and lessees ofmineral
owners of record of the property to be exempted, and tenants of any structure
proposed for conversion; and
(j. E. Evidence of the soil types and characteristics of each type; and
F. Proof of legal and adequate source of domestic water for each lot created,
method of sewage disposal, and letter of approval of fire protection plan from
appropriate fire district; and
G. If connection to a community of municipal water or sewer system is proposed,
a letter from the governing body stating a willingness to serve; and
H. Narrative explaining why exemption is being requested; and
I. It shall be demonstrated that the parcel existed as described on January 1, 1973
or the parcel as it exists presently is one of not more than three parcels created
from a larger parcel as it existed on January 1, 1973.
J. A $300.00 fee must be submitted with the application.
Petitioner George McCune
735 Garfield
Mailing Address
Carbondale, CO 81623
City
(303) 963-2446
State
Telephone Number
EXEMPTION
APPLICABILITY
The Board of County Commissioners has the discretionary power to exempt a division of land
from the definition of subdivision and thereby from the procedure in these Regulations,
provided the Board determines that such exemption will not impair or defeat the stated purpose
of the Subdivision Regulations nor be detrimental to the general public welfare. The Board
shall make exemption decisions in accordance with the requirements of these regulations.
Following a review of the individual facts of each application in light of the requirements of
these Regulations, the Board may approve, conditionally approve or deny an exemption. An
application for exemption must satisfy, at a minimum, all of the review criteria listed below.
Compliance with the review criteria, however, does not ensure exemption. The Board also may
consider additional factors listed in Section 8:60 of the Subdivision Regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created
from any parcel, as that parcel was described in the records of the Garfield County
Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded
subdivision; however, any parcel to be divided by exemption that is split by a public
right-of-way (State or Federal highway, County road or railroad) or natural feature,
preventing joint use of the proposed tracts, and the division occurs along the public
right-of-way or natural feature, such parcels thereby created may, at the discretion of
the Board, not be considered to have been created by exemption with regard to the four
(4) lot, parcel, interest or dwelling unit limitation otherwise applicable;
B. All Garfield County zoning requirements will be met; and
C. All lots created will have legal access to a public right-of-way and any necessary access
easements have been obtained or are in the process of being obtained; and
D. Provision has been made for an adequate source of water in terms of both the legal and
physical quality, quantity and dependability, and a suitable type of sewage disposal to
serve each proposed lot; and
E. All state and local environmental health and safety requirements have been met or are
in the process of being met; and
F. Provision has been made for any required road or storm drainage improvements; and
G. Fire protection has been approved by the appropriate fire district; and
H. Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained; and
I. School fees, taxes and special assessments have been paid.
(The School Impact Fee is $200.00 for each new lot created).
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms provided by the
Garfield County Department of Developnient/Planning Division. Two (2) copies of the
application maps and supplemental information shall be submitted.
B. The Planning Division shall review the exemption request for completeness within eight
(8) days of submittal. If incomplete, the application shall be withdrawn from
consideration and the applicant notified of the additional information needed. If the
application is complete, the applicant shall be notified in writing of the time and place
of the Board of County Commissioners meeting at which the request shall be
considered. In either case, notification shall occur within fifteen (15) days of submittal.
C. Notice of the public meeting shall be mailed by certified mail, return receipt requested,
to owners of record of land immediately adjoining and within 200 feet of the proposed
exemption, to mineral owners and lessees of mineral owners of record of the land
proposed for exemption, and to tenants of any structure proposed for conversion. the
exemption site shall be posted clearly and conspicuously visible from a public right-of-
way with notice signs provided by the Planning Division. All notices shall be mailed at
least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant
shall be responsible for mailing the notices and shall present proof of nailing at the
meeting.
D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally
approve or deny the exemption request. The reasons for denial or any conditions of
approval shall be set forth in the minutes of the meeting or in a written resolution. An
applicant denied exemption shall follow the subdivision procedure in these regulations.
•
LAW OFFICES
ROBERT B. EMERSON, P.C.
86 SOUTH THIRD STREET
CARBONDALE. COLORADO 61623
(303) 963-3700
ROBERT B. EMERSON
July 25, 1994
Mr. Mark Bean
Garfield County Planning Dept.
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: McCune Subdivision Exemption
Dear Mark:
JUL 2 5 1994
`.i
1 . +
4:11) CitvrdT Y
FAX (303) 963-0985
Per our discussion today, I am enclosing with this letter xerox
copies of the mailing receipts showing certified mailing of
notice to those persons indicated in the certificate that I sent
to you previously. If you need anything else regarding this
subdivision exemption application, please let me know.
Sincerely,
ROBERT B. EMERSON, P.C.
By: C2-Atki bikum,41(Robert B. Emerson
RBE/jc
Enclosure
cc: George McCune
Law Offices
ROBERT B. EMERSON, P.C.
86 South Third Street
Carbondale, CO 81623
(303) 963-3700 FAX (303) 963-0985
JUN 1 5 1994
CSF €r=I€LD COUNTY
Date: June 14, 1994
To:
TRANSMITTAL LETTER
Mr. David Michaelson
Garfield County Department
of Development
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: McCune Subdivision Exemption
I AM SENDING TO YOU:
X Copy of letter from Tim Moore, City Engineer for the
City of Rifle.
Check for
Court Pleadings:
Other:
THESE ARE SENT TO YOU:
X For your information.
For your review and comment.
For your approval, signature and return to me.
For filing in your office.
REMARKS:
Robert B. Emerson
cc: Mr. George McCune (w/encl.)
• •
LAW OFFICES
ROBERT B. EMERSON, P.C.
86 SOUTH THIRD STREET F
r
CARBONDALE. COLORADO 81623
(303) 963-3700
ROBERT B. EMERSON
July 11, 1994
Mr, David Michaelson
Garfield County Department
of Development
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: McCune Subdivision Exemption
Dear David:
A g.
FAX (303) 963-0985 `y
I am enclosing with this letter a Certificate of Mailing showing
that mailing of Notice of the McCune Subdivision Exemption by
certified mail within the time limits required by Garfield County
regulations has occurred. I assume that this certificate will
suffice and that you don't need the actual mailing receipts.
The hearing in this matter is scheduled for 11:00 a.m. on August 1,
1994. Mr. McCune has seen to it that the property has been posted.
Do you need the poster back or will it be sufficient for him to
state this in his testimony? He will appear at the hearing
himself, as I will be out of town and unavailable on that date.
I have never received a letter from the Rifle Fire Protection
District saying that they will provide service to this property,
but I am assuming that you will acknowledge that this property is
within the service area of this fire district and will waive the
requirement of such a letter being filed. If I am incorrect in
this assumption, please let me know immediately. Also, please let
me know immediately if there are any omissions in the documents
that have been submitted or other information that you need.
Sincerely,
ROBERT B. EMERSON, P.C.
By:
RBE/rjj
Enclosures
cc: Mr. George McCune
Robert B. Emerson
• •
CERTIFICATE OF MAILING
I hereby certify that a true and correct copy of the attached
Public Notice was mailed, via certified mail, postage prepaid, this
12th day of July, 1994, to each of the owners or holders of mineral
interests listed below:
Bryce W. Purkey
P.O. Box 507
Meeker, CO 81614
Viola J. Crone
742 Grand Avenue
Grand Junction, CO 81501
Edward B. & Cherry White
P.O. Box 2
Rifle, CO 81650
H & S Investments
P.O. Box 35
Rifle, CO 81650
Black Lien Properties, Ltd
Attn: Moore Stephens
331 Madison Avenue
New York, NY 10017
Robert Cross, Marsha Buske,
Mary Rohrig, and John and
Norma Cross
P.O. Box 1271
Rifle, CO 81650
Leslie K. & Patricia L. Farmer
3087 Highway 13
Rifle, CO 81650
Ray & Phyliss Walker
3125 Highway 13
Rifle, CO 81650
Betty & Leonard Bennett
Dodds PSC89
APO AE, 09822
J.F. & E.D. Steigerwald
4433 Fairway Drive
Lakewood, CA 90712
Mary L. Coulter
General Delivery
Rifle, CO 81650
7
PUBLIC NOTICE
TAKE NOTICE that George McCune has applied to the Board of County Commissioners,
Garfield County, State of Colorado, to grant a Subdivision Exemption in connection with the
following described property situated in the County of Garfield, State of Colorado; to -wit:
Legal Description: See Exhibit A
Practical Description: Located approximately two (2) miles northeast of Rifle, off of State
Highway 13.
Said subdivision exemption is to allow the petitioner to divide a 49.91 acre tract into three (3)
tracts of approximately 36.306, 10.085 and 2.759 acres in si7P on the above described property.
All persons affected by the proposed subdivision exemption are invited to appear and state
their views, protests or objections. If you cannot appear personally at such meeting, then you
are urged to state your views by letter, particularly if you have objections to such subdivision
exemption request, as the Board of County Commissioners will give consideration to the
comments of surrounding property owners and others affected in deciding whether to grant or
deny the request for the subdivision exemption. This subdivision exemption application may
be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303,
Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Friday.
That public meeting on the application for the above subdivision exemption request has been
set for the 1st day of August, 1994, at the hour of 11:00 a.m., at the office of the Board of
County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood
Springs, Colorado.
Planning Department
Garfield County
EXHIBIT A
A tract of land lying ih the SEi of Section 36, Township 5 South, Range 93 Test of
the,6th P.M. and in the SWi of Section 31, Township 5 South, Range 92 West of the
6th P. M. and being more particularly described as follows:
Beginning at the West 4 corner of Section 31, Township 5 South, Range 92 West of
the 6th P.M., thence North 89°54'41" East 520.74 feet; thence South 4°56'26" West
1789.93 feet; thence South 90°00'00" West 425.06 feet; thence South 89°30'00" West
123.00 feet; thence South 89°20'00" West 342.23 feet to a point on the Easterly right
of way line of Colorado State Highway No. 13; thence North 0°02'00" East 1442.10
feet along said right of way line; thence North 89°44'44" East 422.79 feet to a point,
on the West line of said Section 31; thence North 0°00'35" East 337.40 feet along
said West section line to the POINT OF BEGINNING.
COUNTY OF GDIRFTF,T,D
STATE OF COLORADO
Book 334'
Pig. 26
Recorded .:_.9i43—sVelock. A w _figs 8 1 9h 1
Reegvo• x.213666
December in the year d oar Lord sae thousand nine hundred and
between
'lUET VINIPRID NORIO. ANNABELLE EURK and VERNON R.
el the Ceaty of
• and Stale of Catered°, of the Brut Port. sed
GUT R. COULTII
of the Comb of
sad SOW of Caheado, of the wooed Part,
WITNIMETU. That the said part ioef the flet part, far and l• smoldsnd= of thi Baia d
ONE DOLLAR AND OTHER VALUABLE CONSIDERATIONS DDODUIOzE
1e lis anis part las of tbs first Dirt in hand paid by the said part y • of the wood part, the T.eeipt whereof
to hereby eadweed sad acknowledged. ha we remised, released, sold. conveyed and. QUIT CLAIMED, and by
+ t sus Dewey it nabs, *brie, sell, convey and QUIT CLAIM ludo W said part y of the second part,
kshs' wasaen Sed sedan•. forever. an the right, title, iatsrset, adz' and drawd wbkb the meld
iwM Ira is sad to the following (Swathed
.• Comb of Garfield and State et
tillitoutbeast Quarter (E0111/4) end the Last Ten (10) acres of
;tlM'to>i�hiit# +Qiiattsr of the Southeast Quarter (SAM); Section 36. Tp. S S..
'93.11.', 'et the 6th P.M. accepting that deeded to State Highway Departamnt as
',recorded in'gook 246 at Page 126 in the County Clerk and Recorder's office.
alw accepting 3.4 acres deed -to Ted Coulter. 'containing $3.17.wore acres ors or
^,,,Together with any and all water and ditch rights bsloesing'to"or used
tion with the above described land and particularly.. ,but without,
tattoo upon the foregoing. all of the Grantor's right. title and interest
'to the water. water rights and ditch rights from the Grans Tmeal Ditch
fru rRitle Creek''In Mater District No. 39.
•
%farc4 3 ,196.2
•
7.A
a��•b ,,rte..=,.1
0
of:
�
Book 334 at
Page 26 Feeorded ail: 9:47 oc1.ck A sr_ >IEsy 3 1961
Deception Xo 213665 Ches. S Keernn
• Tam DEED, Made this . S t b , . day d nay
in the year crow Lord ono thousand nlno hundred and sixty one
• GUY t. COULTER
•
of the
Coonty of Garfield and Stats of Colorado, of Um fiat port wad
VERNON R. COULTER
et the County at Garfield
stats
Etats of Colors.* of tbs p.coed part:
R'rr EsSL^I8. That the said part y et tbs first part, for sad is consideration et ria sem et
ONE DOLLAR Ah'D OTHER VALUABLE CONSIDEYATIORS =2Ig
to the said part Y of the first part in hand paid by the old part Y"- of the second part. Um r.c. pt
whereof is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, sad by them
presents do ES grant, bargain, sell, convey and confirm. unto the said part Y of the second part. his
heirs and aaa gns forever, all the following described lot or wail of land, situate, trine mood beim
to the County of Garfield and Busta sf Coloreds. yawns
SegLssing at the southeast corner of Section 36, Tp. .5 S., t. 93 V. of the
6th P.N , thence northerly along the section line a distance of 341 feet,
thence vest to the right-of-vay of Colorado Highvay No. 13, thence southerly
alory the east right-of-vay line of said Colorado Highway No. 13 to the south
line of Section 36, thence east along said section line to the point of
beginning.
that Grantor does hereby 'except and reserve a life estate in all tba
C. property, together with the rents, issues and profits therefrom
c:rLr„ t_s lifetime. - -
c1 adorers: the sad appm-teaaa«s there belq e.n.g, or is rsrwiae
:TT=:-c'.cn and revcrricre, rerntindcr end reminder, rerts, imam and prc5ts thereof; and all
:.-t.e.claim end dee e2u ,:--cr c, the said pert y d the f r,t part, ei to law
the a..^Te bargained prc:;cr, t !' : 1m -oats -mots ••s and appe�.e x cera.
^D BO:' the =Id Wises t.:re 11---:1-7..:=C-.3 and dca-.led, vi h the appurtenances, pato the
his Beira and ave _s forever. And the raid past y of the Le -rd port.
rad ems` rax, do es cowrie, mot, hsig:-}a, and
of the sr -cud p` -t, hLa hers and asairna, that at the time of t n. enema-
be
nemal-
bc it rc1 seised of the premises above eorveyed, as id good, sore
. i` c -liana in Law, to fee simple, and ha a rood right, fall powar
e_ =rcy the none in meaner and form as aforesaid, and that the ease
r- =cc s. = r _ c^c r=.: c c c.' mac. s. bexgsin , mica. Drab taxa. asaeambea`ill sad of -
i_.. D. __a t: T=
rc-�1-cs t; the ct r_° peaceable potaeatiatt'af the said pert y - sf the second pant,
Le:- ..: d t,:: r e^c : it a:l and every person or persons las'fnfy clAining or to claim tba olds
r cf tt.e f -rt part gLz7 and will W EEAA'T AA'D YOESYEY DEMEDM
y ce th• fir part be a lierrom3esat his hod
1 11
i
-t__-_ CP COLAEAIYJ. lot
Camey es-6crfietld .
-.:»
'- war scL •rico. -.d burs ma this dap at Nay - , r
Gu ' E. CSITLI23. -
c zs hby Commission C7(j1:fLS )rttl '
If . Winona arp hand and oCSchl asci.'.
71:C -7.—c --
Adam TWA.
.Na tn. VARIANT! nerd' -7.r ff.e.enrVe
t 4-a.►b.... r+e. C.. Yrm s.aou..•e 1..N Lembo. 110.8.408.••1114,.. Dews, Oi
• •
Book 334
Page 30
keour.lod at 9:50 „'ri •. L. A •d..
213667Chi.. . r:et�,; +R
keceptian No.
THIS DEED, Nod,• thl. t II
to Ga• yrni uo our I.e41 one 1111111. n,•, gnu muu
h,•1 w.rn
GUY R. COULTER
,r.
111 the (.,Ml Garfield
ort•olornd,,.,,rn„•Iliap;nt,:utd RUBY WINIFRED NOR INE, VIiRNUN
R. COULTER, GUY W. PRIDEMORE, ANNA MARIE C1AUo.N, and
ANNABELLE BURK
of the
Could, el Garfield ..ed :',..le of 1'„ u, udn of the arroud pats.
WITNE.SSI' I'11, That the :,std p.trt y o; tIn (ii•.t I'a,t h„ and In conhlderallun ul the num of
xx x xiotgeditk
ONE DOLLAR AND OTNED1 VALUABLE. COA31DERATIUNS
to the said party of the Wel pair In hand paid 4Y the maid p•n'ttea of the n.ond part. the re''1144
whereof is hereby confessed and 04i.nowleage.l. ha 0 grunt, d. Lai rained. null amt eon "led, and by them,
present', does grant, bargain, bell, convey and confirm, unto the tu1.1 paries of the se.uud Dalt their
heirs and aaalgus forever, al; the following described lotor parcel of hind, .110411,'. 1)1u4;441441 1.Ing
In the
ronnty of Garfield and State of Colorado, to -wit:
The Bast half of the Southeast Quarter (Asa) and the East Ten (lU) acres
of the Southwest Quarter of the Southeast Quarter (SASE1/4), Section 36, Tp.5S.,
R. 93 W. of the 6th P.M. excepting that deeded to State Highway Department as
recorded is Book 246 at Page 126 in the County Clerk and Recorder's office,
also excepting 3.4 acres deeded to Ted Coulter, containing 83.87 acres more
or leas,,Together with any and all water and ditch rignts belonging to or used
-.,a, _.,a
in conaeCtioa with the above demes iL.':d '..... -•• ?--
ertirularly, but with''at
limitation upon the foregoing, all of the Grantor's right, title and interest
in and to the water, water rights and ditch rights from the Grand Tunnel Ditch
from Rifle Creek in Water District No. 39.
Also the Southeast Quarter Southeast Quarter (StASEkl of Section 24, the
Southeast } Northeast } (SB}NE}) and the Northeast t Northeast } (NEANF. )
of Section 2$. Tp. 5 S., R. 93 W. of the 6th P.M. .
Provided that • there is excepted and reserved from the above described land
Grantor's house and surrounding tract, which is being this date conveyed to
lVernon R. Coulter by separate deed, which excepted tract is described as:
''` Beginmims at the cacti- a;t cornea c. ;,cerium. 3G, 1p. 5 o., R. 93 W. of Lite
6th P.M., thence northerly along the section lune a distance ot 341 feet,
1 W thence vest to the right-of-way ot Cnloraeo ntgi.way I7, .,
.hire
alone the east right-of-way line of said Illbh_.ty No. 17 Lc tne south line
of Section 36, thence east along said oecLi.n Zine to the point of beginning.
Provided further that Grantor does hereby esc'.r;,t and reserve a life estate in
el' the above deecribe•l property, to.,t;i..r .he rents, issues and profits
therefrom duri'ag his lifetime.
It is the intention of h.antor 10 c,•1, . . I," Lhi., deed .ill or 1.t • interest in
the above described property, bexi.>; alt undi.iaed three -fourth; interest therein
to the Grantees above named, in Lh. foll...ii A pruporLi.,n.
To Ruby Winifred Norine, ao undivld,•1 1/3 interest
To --arae❑ B. Coulter, all undtvt.;cd iii tuLate.L
To Guy W. Pridemore, an undivide.i 1/9 Iiltecest
To Anna Marie Clauson, an undivi.i,:.i 1'9 Interest
To Annabelle Burk, an undivided 1:- 1.,1, . .1.
TOGETHER with all and singular the ber..iil..mnne .ord :.1),,111,' rob'os MCI el„ 4,•luu,;lug. „r les auywhns
appertaining. and the reversion and reversions, remun„lei ,n-.1 nan.,tudern r. t • .ml profits thereof; and all
the estate. right. title. tntereet, claim and demand wL.,1—. a..ld t.nt Y of the f1,nt part, either In law
or equity, of, In and to the 01-ote lwrgalued Kt-misae. 41111 at.,1
Ne. 443. WAMMANIT P kD—F.r Pi.IN.NI•t<:tuar/.. 9r.:' e1 1;.,_,.. 1),, re, alf.. tt, Wn n'. f,re.l ll!.uk.. Denver.
a
_ i_rd
•
Recorded at. ._ 4 ' i349 o'clock. -r M., _.... DEC 3 0 1975
Reception No�oc� 4 ft_...t=�70.%.rtr_..... _ "�t 647
..) ...__.Recorder.
THIS DEED, Made this
between TED M. COULTER
day of Peet -,'/50e, 19 7�
STATE FEE
DEC 4J') 1975
of the
County of GARFIELD and State of Colorado, of the first part, and
GEORGE McCUNE
of the County of GARFIELD and State of
Colorado, of the second part:
WITNESSETH, That the said part y of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION R•Q.
to the said part y of the first part in hand paid by said party of the second part, the receipt whereof is
hereby confessed and acknowledged, hag granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm, unto the said party of the second part,hi S heirs and assigns for-
ever, all the following described lot S or parcel S of land, situate, lying and being in the
County of Garfield and State of Colorado, to wit:
1. An undivided ; interest in that part of the EhSE4 of Section 36,
Township 5 South, Range 93 West of the 6th P.M. lying East of the St to
Highway No. 13 as constructed and in place, except parcels of land
described in Book 256 at Page 418 and in Book 334 at Page 28.
2. An undivided 31 interest in that part of Lots 3 and 4, Section 31,
Township 5 South, Range 92 West of the 6th P.M. lying Westerly of the
following described line: Beginning at a point on the South line of
said Lot 4 whence the Southwest Corner of said Lot 4 bears West 392.4
feet; thence North 5°'3' East 2650.3 feet to the North line of said Lot 3.
TOGETHER with 4.2 miner's inches of No. 82 priority water in the Grand
Tunnel Ditch Company, unwarranted, and all of his interest in No. 10C
priority water in the Grand Tunnel Ditch Company, unwarranted, and
TOGETHER with all and singular the hereditamenta 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.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the
said part y of the second part, hi s heirs and assigns forever. Ata the said party of the first part,
for h imsel f , his heirs, executors, and administrators, do e s covenant, grant, bargain, and agree to and
with the said part y of the second part, his heirs and assigns, that at the time of the ensealing and delivery
of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and ha S good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are fres and clear
from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or
nature soever.
and the above bargained premises in the quiet and peaceable possession of the said party. 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.
_ IN WITNESS WHEREOF, the said party of the first part hag hereunto set his hand
and seal the day and year first above written.
STATE OF COLORADO,
County of 4% 4/
The foregoing,ulstrument was acknowledged before me this
H My commission expires
�' ' • ..... '.apt
., /,QrF C C< L
Co -74-22-4:—.. '-......(SEAL)
(SEAL)
_...._._._.. (SEAL)
.. •41.11
s /77?
5-7f'
day of sG�„ e -cam
/19 . Witn as my hand and official seal.% �/ •.
-
Notary Pvbne.
No. 932. WARRANTY DRED.—For Pmtoaraph4 R«v,d—Bradford Publl.hiaa Co., 152444 snot street. Dm.•r. Colorado —7.75
(1
(
EXHIBIT A
SSE Starbuck Surveyors & Engineers
205 E. Chambers Ave.
P.O. Box 1584
Eagle, CO 81631
(303) 328-7208
PROPOSED EXEMPTION PARCEL 1
2128 Railroad Ave.
Unit 006
Rifle, CO 81650
(303) 625-3913
A parcel of land lying in the SE1/4 of Section 36, T. 5 S., R. 93 W., 6th P.M.,
and in the SW1/4 of Section 31, T. 5 S., R. 92 W., 6th P.M., Garfield County,
Colorado, and being more particularly described as follows:
1. Beginning at the East 1/4 of Section 36, T. 5 S., R. 93 W., 6th P.M.;
2. Thence N. 89°54'41" E., for a distance of 620.74 feet;
3. Thence S. 4°56'26" W., for a distance of 1789.93 feet;
4. Thence West, for a distance of 425.06 feet;
5. Thence S. 89°30'00" W., for a distance of 123.00 feet;
6. Thence S. 89`20'00" W., for a distance of 342.23 feet, to a point on the
easterly right-of-way line of Colorado State Highway No. 13;
7. Thence N. 0002'00" E., for a distance of 1448.10 feet, along the easterly
right-of-way line of said Highway No. 13;
8. Thence N. 89°44'44" E., for a distance of 422.79 feet, to a point on the west
line of said Section 31;
9. Thence N. 0`00'35" E., for a distance of 337.40 feet, along the west section
line of said Section 31, to the Point of Beginning;
10. Said Parcel 1 contains 36.306 acres, more or less.
Date:
Herbert A. Ritschard, P.E.-L.S. 6826
Job No. 94-015
SSE Starbuck Surveyors & Engineers
205 E. Chambers Ave.
P.O. Box 1584
Eagle, CO 81631
(303) 328-7208
PROPOSED EXEMPTION PARCEL 2
2128 Railroad Ave.
Unit 006
Rifle, CO 81650
(303) 625-3913
A parcel of land lying in the SE1/4 of Section 36, T. 5 S., R. 93 W., 6th P.M.,
and in the SW1/4 of Section 31, T. 5 S., R. 92 W., 6th P.M., Garfield County,
Colorado, and being more particularly described as follows:
1. Beginning at the Southeast Corner of said Section 36, T. 5 S., R. 93 W., 6th
P.M.;
2. Thence N. 0`00'35" E., for a distance of 341.00 feet, along the east line of
said Section 36;
3. Thence S. 89°50'43" W.,'for a distance of 447.70 feet, to a point on the
easterly right-of-way of Colorado State Highway No. 13;
4. Thence along the easterly right-of-way line of said Highway No. 13, along a
curve to the left for a distance of 313.75 feet. Said curve has a radius of
2342.00 feet and a central angle of 7`40'32". The chord of said curve bears
N. 4'25'28" E., for a distance of 313.51 feet;
5. Thence N. 89°20'00" E., for a distance of 329.96 feet;
6. Thence S. 130'57" W., for a distance of 32.17 feet;
7. Thence East, for a distance of 242.43 feet;
8. Thence N. 5'32'58" W., for a distance of 140.19 feet;
9. Thence N. 25`48'28" W., for a distance of 109.17 feet;
10. Thence East, for a distance of 380.06 feet;
11. Thence S. 4°56'26" W., for a distance of 864.32 feet, to a point on the south
line of said Section 31;
12. Thence S. 89`53'26" W., for a distance of 392.60 feet, along the south line
of said Section 31 to the Point of Beginning.
13. Said Parcel 2 contains 10.845 acres, more or less.
Date:
Herbert A. Ritschard, P.E.-L.S. 6826
Job No. 94-015
(10
EXHIBIT A
SSE Starbuck Surveyors & Engineers
205 E. Chambers Ave.
P.O. Box 1584
Eagle, CO 81631
(303) 328-7208
PROPOSED EXEMPTION PARCEL 3
2128 Railroad Ave.
Unit 006
Rifle, CO 81650
(303) 625-3913
A parcel of land lying in the SE1/4 of Section 36, T. 5 S., R. 93 W., 6th P.M.,
and in the SW1/4 of Section 31, T. 5 S., R. 92 W., 6th P.M., Garfield County,
Colorado, and being more particularly described as follows:
1. Beginning at a point on the easterly right-of-way line of Colorado State
Highway No. 13, whence the Southeast Corner of said Section 36 bears
S. 26`17'15"-E., for a distance of 955.63 feet, and the East One -Quarter
Corner of said Section 36 bears N. 13 20'07" E., for a distance of 1836.90
feet;
2. Thence N. 89`20'00" E., for a distance of 342.23 feet;
3. Thence N. 89°30'00" E., for a distance of 123.00 feet.
4. Thence East, for a distance of 45.00 feet.
5. Thence S. 25°48'28" E., for a distance of 109.17 feet;
6. Thence S. 5°32'58" E., for a distance of 140.19 feet;
7. Thence West, for a distance of 242.43 feet;
8. Thence N. 1°30'57" E., for a distance of 32.17 feet;
9. Thence S. 89°20'00" W., for a distance of 329.96 feet, to a point on the
easterly right-of-way line of said Highway No. 13;
10. Thence along the easterly right-of-way line of said Highway No. 13, along a
curve to the left, for a distance of 22.61 feet. Said curve has a radius of
2342.00 feet and a central angle of 0 33'11". The chord of said curve bears
N. 0 18'36" E., 22.61 feet;
11. Thence along the easterly right-of-way line of said Highway No. 13,
N. 0 02'00" E., for a distance of 181.83 feet.
12. Said Parcel 3 contains 2.759 acres, more or less.
Date:
Job No. 94-015
Herbert A. Ritschard, P.E.-L.S. 6826
issued with Policy No.
COMMONWEALTH LAND
TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
SCHEDULE A
Amount of Insurance: $ 100 ,000 . 00
Premium: $367.00
Date of Policy: Apri 1 16, 1985
1. Name of Insured:
GEORGE MCCUNE
POLICY OF TITLE INSURANCE
POLICY NUMBER
101-994419
File No. 8307 015
,at 7:59 A.M.
2. The estate or interest in the land described herein and which is covered by this policy is
Fee Simple and is at Date of Policy vested in:
GEORGE MCCUNE
3. The land referred to in this policy is described in the said instrument, is situated in the County of
Garfield , State of Colorado , and is identified as
follows:
A tract of land lying ih the SE4 of Section 36, Township 5 South, Range 93 West of
the 6th P.M. and in the SW4 of Section 31, Township 5 South, Range 92 West of the
6th P. M. and being more particularly described as follows:
Beginning at the West 4 corner of Section 31, Township 5 South, Range 92 West of
the 6th P.M., thence North 89°54'41" East 520.74 feet; thence South 4°56'26" West
1789.93 feet; thence South 90°00'00" West 425.06 feet; thence South 89°30'00" West
123.00 feet; thence South 89°20'00" West 342.23 feet to a point on the Easterly right
of way line of Colorado State Highway No. 13; thence North 0°02'00" East 1448.10
feet along said right of way line; thence North 89°44'44" East 422.79 feet to a point
on the West line of said Section 31; thence North 0°00'35" East 337.40 feet along
said West section line to the POINT OF BEGINNING.
Countersigned:
drefaQ_
Authorized Officer or Agent
PA 10
American Land Title Association Owner's Policy — 1970 — Form B (Amended 10-17-70)
Form 1005-6 Schedule A ORIGINAL
• •
Ne COMMONWEALTH LAND
TITLE INSURANCE COMPANY
TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
OWNER'S POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS
OF THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania
corporation, herein called the company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the
amount of insurance stated in Schedule A, and cost, attorneys' fees and expenses which the Company may become obligated to pay
hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title.
IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused its corporate name and scal to be hereunto
affixed by its duly authorized officers, the Policy to become valid when Schedule A is countersigned by an authorized officer or agent
of the Company.
Attest:
COMMONWEALTH LAND TITLE INSURANCE COMPANY
,fiv44q1) / By
Secretary„6,(.1
EXCLUSIONS FROM COVERAGE
President
The following matters are expressly excluded from the coverage of this policy:
I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or
regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any
improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or
area of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public
records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy
or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured
claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage
to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not
have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
American Land Title Association Owner's Policy — 1970 — Form B (Amended 10-17-70)
• •
Policy No. 1 01- 994419
File No.. 8307015
SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey
and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any'lien or charge -on account of the inclusion of subject property in an improvement
district.
8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom
should the same be found to penetrate or intersect the premises hereby granted
and a right of way for ditches or canals constructed by authority of the United
States, as reserved in United States Patent recorded October 22, 1909 in Book 71
at Page 363. (Affects Lots 3 and 4 of Section 31)
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom
should the same be found to penetrate or intersect the premises hereby granted
as reserved in United States Patent recorded January 3, 1893 in Book 12 at Page
202. (Affects ESE of Section 36)
10. Easement and right of way conveyed to the Mountain States Telephone and Telegraph
Company in document recorded October 22, 1924 in Book 147 at Page 46 in which specific
location is not disclosed. (Affects Lots 3 and 4 of Section 31)
11. An undivided 4 Of the oil, gas and other mineral conveyed to Mary L. Coulter in
the deed from Guy R. Coulter, recorded January 3, 1958 in Book 306 at Page 244,
and any and all interests therein or assignments thereof.
12. Deed of Trust from Southern Pacific Industrial Development Company to the Public
Trustee of Garfield County for the use of George McCune to secure an original
amount of $273,000.00, dated December 15, 1980 and recorded December 18, 1980 in
Book 562 at Page 182:
American Land Title Association Owner Policy — 1970 — Form B (Amended 10-17-70)
Schedule B
Form 1005-10
ORIGINAL
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject
to any rights or defenses the Company may have had against the
named insured, those who succeed to the interest of such insured by
operation of law as distinguished from purchase including, but not
limited to, heirs, distributees, devisees, survivors, personal represen-
tatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage
hereunder.
(c) "knowledge": actual knowledge, not constructive knowledge
or notice which may be imputed to an insured by reason of any
public records.
(d) "land": the land described, specifically or by reference in
Schedule A, and improvements affixed thereto which by law constitute
real property; provided, however, the term "land" does not include
any property beyond the lines of the area specifically described or
referred to in Schedule A, nor any right, title, interest, estate or
easement in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the extent to
which a right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other
security instrument.
(f) "public records": those records which by law impart con-
structive notice of natters relating to said land.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE
The coverage of this policy shall continue in force as of Date
of Policy in favor of an insured so long as such insured retains an
estate or interest in the land, or holds an indebtedness secured by a
purchase money mortgage given by a purchaser from such insured,
or so long as such insured shall have liability by reason of covenants
of warranty made by such insured in any transfer or conveyance
of such estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such insured of
either said estate or interest or the indebtedness secured by a pur-
chase money mortgage given to such insured.
3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT
(a) The Company, at its own cost and without undue delay, shall
provide for the defenseof an insured in all litigation consisting of
actions or proceedings commenced against such insured, or a defense
interposed against an insured in an action to enforce a contract for
a sale of the estate or interest in said land, to the extent that such
litigation is founded upon an alleged defect, lien, encumbrance, or
other matter insured against by this policy.
(b) The insured shall notify the Company promptly in writing
(i) in case any action or proceeding is begun or defense is inter-
posed as set forth in (a) above, (ii) in case knowledge shall come
to an insured hereunder of any claim of title or interest which is ad-
verse to the title to the estate or interest, as insured, and which might
cause loss or damage for which the Company may be liable by
virtue of this policy, or (iii) if title to the estate or interest, as
insured, is rejected as unmarketable. If such prompt notice shall
not be given to the Company, then as to such insured all liability of
the Company shall cease and terminate in regard to the matter or
matters for which such prompt notice is required; provided, however,
that failure to notify shall in no case prejudice the rights of any such
insured under this policy unless the Company shall be prejudiced
by such failure and then only to the extent of such prejudice.
B 1005-7
(c) The Company shall have the right at its own cost to institute
and without undue delay prosecute any action or proceeding or to do
any other act which in its opinion may be necessary or desirable to
establish the title to the estate or interest as insured, and the Company
may take any appropriate action under the terms of this policy,
whether or not it shall be liable thereunder, and shall not thereby
concede liability or waive any provision of this policy.
(d) Whenever the Company shall have brought any action or
interposed a defense as required or permitted by the provisions of this
policy, the Company may pursue any such litigation to final deter-
mination by a court of competent jurisdiction and expressly reserves
the right, in its sole discretion, to appeal from any adverse judg-
ment or order.
(e) In all cases where this policy permits or requires the Com-
pany to prosecute or provide for the defense of any action or pro-
ceeding, the insured hereunder shall secure to the Company the right
to so prosecute or provide defense in such action or proceeding, and
all appeals therein, and permit the Company to use, at its option, the
name of such insured for such purpose. Whenever requested by
the Company, such insured shall give the Company all reasonable
aid in any such action or proceeding, in effecting settlement, securing
evidence, obtaining witnesses, or prosecuting or defending such action
or proceeding, and the Company shall reimburse such insured for any
expense so incurred.
4. NOTICE OF LOSS — LIMITATION OF ACTION
In addition to the notices required under paragraph 3(b) of these
Conditions and Stipulations, a statement in writing of any loss or
damage for which it is claimed the Company is liable under this
policy shall be furnished to the Company within 90 days after such
loss or damage shall have been determined and no right of action
shall accrue to an insured claimant until 30 days after such statement
shall have been furnished. Failure to furnish such statement of loss
or damage shall terminate any liability of the Company under this
policy as to such loss or damage.
5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS
The Company shall have the option to pay or otherwise settle
for or in the name of an insured claimant any claim insured against
or to terminate all liability and obligations of the Company hereunder
by paying or tendering payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses in-
curred up to the time of such payment or tender of payment, by the
insured claimant and authorized by the Company.
6. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy shall in no
case exceed the least of:
( i) the actual loss of the insured claimant; or
( ii) the amount of insurance stated in Schedule A.
(b) The Company will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured in litigation
carried on by the Company for such insured, and all costs, attorneys'
fees and expenses in litigation carried on by such insured with the
written authorization of the Company.
(c) When liability has been definitely fixed in accordance with
the conditions of this policy, the loss or damage shall be payable
within 30 days thereafter.
Conditions and Stipulations Continued Inside Cover
•
CONDITIONS AND STIPULATIONS
(Continued)
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this policy (a) if the
Company, after having received notice of an alleged defect, lien or
encumbrance insured against hereunder, by litigation or otherwise, removes
such defect, lien or encumbrance or establishes the title, as insured, within
a reasonable time after receipt of such notice; (b) in the event of litigation
until there has been a ,final determination by a court of competent
jurisdiction, and disposition of all appeals therefrom, adverse to the title, as
insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily
assumed by an insured in settling any claim or suit without prior written
consent of the Company.
8. REDUCTION OF LIABILITY
All payments under this policy, except payments- made for costs,
attorneys fees and expenses, shall reduce the amount of the insurance pro
tanto. No payment shall be made without producing this policy for
endorsement of such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be furnished to the
satisfaction of the Company.
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay under any
policy insuring either (a) a mortgage shown or referred to in Schedule B
hereof which is a lien on the estate or interest covered by this policy, or (b)
a mortgage hereafter executed by an insured which is a charge or lien on
the estate or interest described or referred to in Schedule A, and the
amount so paid shall be deemed a payment under this policy. The
Company shall have the option to apply to the payment of any such
mortgages any amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this policy and the
amount so paid shall be deemed a payment under this policy to said
insured owner.
10. APPORTIONMENT
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one or
more of said parcels but not all, the loss shall be computed and settled on
a pro rata basis as if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed upon as to each such
parcel by the Company and the insured at the time of the issuance of this
policy and shown by an express statement herein or by an endorsement
attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under this policy,
all right of subrogation shall vest in the Company unaffected by any act of
the insured claimant. The Company shall be subrogated to and be entitled
to all rights and remedies which such insured claimant would have had
against any person or property in respect to such claim had this policy not
been issued, and if requested by the Company, such insured claimant shall
transfer to the Company all rights and remedies against any person or
property necessary in order to perfect such right of subrogation and shall
permit the Company to use the name of such insured claimant in any
transaction or litigation involving such rights or remedies. If the payment
does not cover the loss of such insured claimant, the Company shall be
subrogated to such rights and remedies in the proportion which said
payment bears to the amount of said loss. If loss should result from any
act of such insured claimant, such act shall not void this policy, but the
Company, in that event, shall be required to pay only that part of any
losses insured against hereunder which shall exceed the amount, if any, lost
to the Company by reason of the impairment of the right of subrogation.
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and other
instruments, if any, attached hereto by the Company is the entire policy
and contract between the insured and the Company.
Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or any action asserting such claim, shall be restricted to the
provisions and conditions and stipulations of this policy.
No amendement of or endorsement to this policy can be made
except by writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall be addressed to
Commonwealth Land Title Insurance Company, Eight Penn Center,
Philadelphia, Pennsylvania 19103.
PA 10
American Land Title Association Owner's Policy - 1970 - Form 0 (Amended 10-17-70)
Cover Page
Form 1005-8
Valid Only If Schedules A and B Are Attached
MC CUNE SUBDIVISION EXEMPTION
LIST OF PROPERTY OWNERS WITHIN 200 FEET
Bryce W. Purkey, P.O. Box 507, Meeker, CO 81614
Viola J. Crone, 742 Grand Avenue, Grand Junction, CO 81501
Edward B. & Cherry White, P.O. Box 2, Rifle, CO 81650
H & S Investments, P.O. Box 35, Rifle, CO 81650
Black Lien Properties, Ltd, Attn: Moore Stephens, 331 Madison
Avenue, New York, NY 10017
Robert Cross, Marsha Buske, Mary Rohrig, John & Norma Cross, P.O.
Box 1271, Rifle, CO 81650
Leslie K. & Patricia L. Farmer, 3087 Highway 13, Rifle, CO 81650
Ray & Phyliss Walker, 3125 Highway 13, Rifle, CO 81650
Betty & Leonard Bennett, Dodds PSC89, APO AE, 09822
J.F. & E.D. Steigerwald, 4433 Fairway Drive, Lakewood, CA 90712
LIST OF HOLDERS OF MINERAL INTERESTS
Mary L. Coulter, General Delivery, Rifle, CO 81650
George McCune, 735 Garfield, Carbondale, CO 81623
i 41
\i111111 , r1 ",
UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE
cooperating with
Conservation District
Owner Plan No. Date
Operator Scale Acres
Approximate Approximate
Photo No.
County
Location (Community, watershed, road & distance, etc.)
Src,
70
l
r..ar. 'e
F1 LS
This lar... i,;/, e consists of v::ry .: c11o.. Lo rao:.. .,e i; c ;.1
y
drained o.:.�.:, occin .nr" =lor L ep Lo., 010 :.
_ aC: `I 1 V31""� :i�eC�! :OL'n�a...i': J1.(1
at elevations of 4500 to :'5OO feet. It formed in parent r'IaLer1J.13
from shat., a: i s .n'stone to r.">:._xed alluvium. The mean annual j:rocipiLa.,1o::
l
and air �t::;n;,�;r',�.ure will e7.:wL,.icr:.
Included in thi unt, are arc:..., covered by various sizes of rock
( 5 to 9O) and areas of rock outcrop.
Veetation is Sparse and varies from oak, pinyon pine, species of
juniper, and service berry.
Permeability is rapid with moderate wa'..er holding capacity. Surface
runoff is rapid and. erosion hazard if; moderate to severe.
'_`"he land use is w tershed and native range.
Deve?oneraenL should be excluded with grazing rnali,..ged to limit impact
to selected areas.
LCU: VITIe
a
2 Unit ,4u. ,)L,G+
SOIL CHARACTERISTICS
•
Depth to bedrock : More than 60 inches
Texture
Surface : Loam
Subsoil : Loam
Substratum : Loam
Unified Classification : ML
Permeability : Moderate
Percent coarse fragments : 0-5
(greater that 3 inches)
Salinity (ECx10 @ 25°C)
pH (surface) : 7.4-8.4
Shrink -swell Potential : Low
Potential frost -action (surface) : Low
Flood Hazard : None
Hydrologic Group : B
Corrosivity Steel (uncoated) : High
Concrete : Low
DEGREE & KIND OF LIMITATIONS
(0 is Slight, M is Moderate, S is Severe)
Septic Tank Absorption Fields : 0
Sewage i..agoons . M Slope
Sanitary Landfill Trench • 0
Area . 0
Shallow Excavations : 0
Dwellings w/basements : M Low strength
w/0 basements : M Low strength
Local Roads & Streets : M Low strength
SUITABILITY AS A SOURCE OF...
Daily Cover for Landfill : Good
Roadfill : Fair Low strength
Sand . Unsuited
Gravel : Unsuited
Topsoil : Good
SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION
Map Unit No. 10C 1
SO11. CHARACTERISTICS
Depth to bedrock
Texture
Surface : Loam
Subsoil : Glay loam
Substratum : Loam
Unified Classification : ML, CL
Permeability : Moderate
Percent coarse fragments : 0
(greater thaq 3 inches)
Salinity (ECx10 @ 25 C)
pH (surface) : 6.6 to 7.8
Shrink -swell Potential : Moderate
Potential frost -action (surface) : Low
Flood Hazard : None
Hydrologic Group : B
Corrosivity Steel (uncoated) : High
Concrete : Moderate
.1EGREE & KIND OF LIMITATIONS
(0 is Slight, M is Moderate,
Septic Tank Absorption Fields
:More than 60 inches
Sewage Lagoons
Sanitary Landfill Trench
Area
is Severe)
0
M
0
0
Seepage, slope
Shallow Excavations : 0
Dwellings w/basements : M Low strength
w/0 b::_;ements : M Low strength
Local Roads & Streets : M Low strength
SUITABILITY AS A SOURCE OF...
Daily Cover for Landfill : Good Small stones
Roadfill : Fair Low strength
Sand : Unsuited
Gravel . Unsuited
Topsoil : Fair. Small stones
SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION
slap Unit No. 30D
SOIL CHARACTERISTICS
Depth to bedrock
Texture
Surface
Subsoil
Substratum
Unified Classification
Permeability
Percent coarse fragments
(greater thaq 3 inches)
Salinity (ECx10 @ 25°C)
pH (surface)
Shrink -swell Potential
Potential frost -action (surface)
Flood Hazard
Hydrologic Group
Corrosivity Steel (uncoated)
Concrete
DEGREE & KIND OF LIMITATIONS
(0 is Slight, M is Moderate, S is
Septic Tank Absorption Fields
Sewage Lagoons
Sanitary Landfill Trench
Area
Shallow Excavations
Dwellings w/basements
-4/0 basements
Local Roads & Streets
SUITABILITY AS A SOURCE OF..,
Daily Cover for Landfill
Roadfill
Sand
Grave' : Poor, excess .fines
Topsoil
so
SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION
: More than 60 inches .
Loam
Sandy clay loam to clay loam
Gravelly sandy clay loam, gravelly sandy loa
CL, SM -SC, SC, GM, GM -GC
Moderate
0
: 6.6-7.3
Low
Low
None
B
Moderate
Low
Severe)
M Slope, Pere slowly
S Slope
0
M Slope
S -M Cutbanke cave, small stones
M Slope
: M Slope
: M Slope
Fair, small stones
Fair, low strength
u nsuited
• [mall stones
$
Vlop Unit No.
SOIL CHARACTERISTICS
Depth to bedrock
Texture
Surface
Subsoil
Substratum
Unified Classification
Permeability
Percent coarse fragments
(greater thap 3 inches)
Salinity (ECx10J @ 25°C)
pH (surface)
Shrink -swell Potential
Potential frost -action (surface)
Flood Hazard
Hydrologic Group
Corrosivity Steel (uncoated)
Concrete
DEGREE & KIND OF LIMITATIONS
(0 is Slight, M is Moderate, S is
Septic Tank Absorption Fields
Sewage Lagoons
Sanitary Landfill Trench
Area
Shallow Excavations
Dwellings w/basements
w/0 basements
Local Roads & Streets
SUITABILITY AS A SOURCE OF...
Daily Cover for Landfill
Roadfill
Sand
Gravel
Topsoil
,4 4;8
SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION
: More than 60 inches
: Clay loam
: Silty clay to clay
: Silty clay loam
CL, CH
: Slow to very slow
:
•
. 7.4-7.8
: High
: Low
None
C
High
High
Severe)
S
. M
S
0
Peres slowly
Slope
Too clayey
S Too clayey
S
S
S
Shrink -swell, low strength
Shrink -swell, low strength
Low strength., shrink -swell
: Poor Too clayey
: Poor
Shrink -swell, low strength
: Unsuited Excess fines
: Unsuited Excess fines
Poor
Too clayey
Reception iti o : � .......
,r u -' Recorder.
fig/
THIS DEED, Made this d 7% day of PeeCi4'4iJ-g, 19 7-�
between
TED M. COULTER
of the
County of GARFIELD and State of Colorado, of the first part, and
GEORGE MCCUNE
of the County of GARFIELD and State of
Colorado, of the second part:
STATE cl;' i�;i • y E;;
DECD u 1975
5-c)
647
WITNESSETH, That the said part y of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION R2Ittx
to the said part y of the first part in hand paid by said party of the second part, the receipt whereof is
hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm, unto the said party of the second part,hi s heirs and assigns for-
ever, all the following described lot S or parcel S of land, situate, lying and being in the
County of Garfield and State of Colorado, to wit:
1. An undivided 4 interest in that part of the E2SE4 of Section 36,
Township 5 South, Range 93 West of the 6th P.M. lying East of the St to
Highway No. 13 as constructed and in place, except parcels_ of _;and_,___
described in_..Book 256at_Page 418 and in Book 334 at Page 28.
2. An undivided z interest in that part of Lots 3 and 4, Section 31
Township 5 South, Range 92 West of the 6th P.M. lying Westerly of the
following described line: Beginning at a point on the South line of
said Lot 4 whence the Southwest Corner of said Lot 4 bears West 392.
feet; thence North 5°3' East 2650.3 feet to the North line of said Lot 3.
TOGETHER with 4.2 miner's inches of No. 82 priority water in the Grand
Tunnel Ditch Company, unwarranted, and all of his interest in No. 10
priority water in the Grand Tunnel Ditch Company, unwarranted, and
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all
the estate, right, title, interest, 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.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the
said part y of the second part, his heirs and assigns forever. And the said party of the first part,
for himsel f ,his heirs, executors, and administrators, do es covenant, grant, bargain, and agree to and
with the said part y of the second part, his heirs and assigns, that at the time of the ensealing and delivery
of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and ha s good right, full power and lawful authority
to grant, bargain, 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 kind or
nature soever.
and the above bargained premises in the quiet and peaceable possession of the said party 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.
IN WITNESS WHEREOF, the said part y of the first part has hereunto set h i S hand
and seal the day and year first above written.
(SEAL)
(SEAL)
(SEAL)
STATE OF COLORADO, 1
•��• •✓ County of 4- :' , :, c
The foregoing instrument was acknowledged before me this
xk &.y 7 by :
•�%1 CJ hili i . 16.
Rucorded4111
at �J
ReceptioElla Stephens. Recorder
n. Via.--,-��-.�-�-�----------
WARRANTY DEED
VERNON R. COULTER
whose street address is
Washington
other good and valuable
convey(s) unto
, City (or Town) of
County of , State of
for the consideration of One Hundred Dollars and
consideration, in hand paid, hereby sell(s) and
GEORGE McCUNE
whose street address is , City (or Town) of
, County of , State of
, the following described real property in the
County of Garfield, and State of Colorado, to -wit:
An undivided 1/4 interest as to Parcel A, and an undivided 1/6
interest as to Parcel B:
PARCEL A: That part of the E 1/2 SE 1/4 of Section 36, Township
5 South, Range 93 West of the 6th P.M. lying East of the State
Highway No. 13 as constructed and in place, except parcels -of land
described in Book 256 at Page 418 and in Book 334 at Page 28.
PARCEL B: That part of Lots 3 and 4, Section 31, Township 5 South,
Range 92 West of the 6th P.M. lying Westerly of the following
described line: Beginning at a point on the South line of said Lot
4 whence the Southwest corner of said Lot 4 bears West 392.6 feet;
thence North 5°3' East 2650.3 feet to the North line of said
Lot 3.
Toggther with all ditch, ditch rights, water and water rights appurtenant
thereto or used in connection therwith [title to which is not warranted].
with all its appurtenances and warrant(s) the title to the same, subject
to 19 75 property taxes and assessments, easements, rights of way,
restrictive covenants of record, reservations contained within the United
States patent to the subject property , prior mineral reservation of record,
and life estate as set forth in documents recorded Book 306 at Page 189;
Book 334 at Page 29; Book 334 at Page 30; and Book 435 at Page 440,
Garfield County records.
Signed this JLI day of July
Washin•ton )
STATE OF veovel.t. •
COUNTY OF )
SS.
, 19 75
Vernon R. Coulter
Sid
•�
The foregoing instrument was acknowledged before-pne°h};,J'. day of I
July , 1975 by Vernon R. Coulter. ;+`.
WI1nopa my bplil anal aPal.
My commission expires;
7 -VC 1' ( c( 7 �. .
t
�\N4.'. `\
Nota
�•,y Public
9
Rocorded at 'T.3.` o'clock / . M.
Eeceptio . ;1o._. .� '$.w�!�.._. Ella Stephens, Recorder
WARRANTY DEED
18 Ir1l,Ce-rJ
RUBY WINIFRED NORINE
whose street address is 35 Spruce Street , City (or Town) of
Millbrae , County of San Mateo , State of
California , for the consideration of One Hundred Dollars and
other good and valuable consideration, in hand paid, hereby sell(s) and
convey(s) unto
''GEORGE McCUNE
whose street address is , City (or Town) of
, County of , State of
Colorado , the following described real property in the
County of Garfield, and State of Colorado, to -wit:
An undivided 1/4 interest as to Parcel A, and an undivided 1/6
interest as to Parcel B:
PARCEL A: That part of the E 1/2 SE 1/4 of Section 36, Township
5 South, Range 93 West of the 6th P.M. lying East of the State
Highway No. 13 as constructed and in place, except parcels.of___land.._._
described in Book 256 at Page 418 and in Book 334 at Page 28.
PARCEL B: That part of Lots 3 and 4, Section 31, Township 5 South,
Range 92 West of the 6th P.M. lying Westerly of the following
described line: Beginning at a point on the South line of said Lot
4 whence the Southwest corner of said Lot 4 bears West 392.6 feet;
thence North 5°3' East 2650.3 feet to the North line of said
Lot 3.
Together with all ditch, ditch rights, water and water rights appurtenant
thereto or used in connection therewith [title to which is not warranted].
with all its appurtenances and warrant(s) the title to the same, subject
to 19 75 property taxes and assessments, easements, rights of way,
restrictive covenants of record, reservations contained within the United
States patent to the subject property , prior mineral reservation of
record, and Life Estate set forth in documents recorded Book 306
at Page 189; Book 334 at Page 29; Book 334 at Page 30; and Book 435
at Page 440, Garfield County Records
ik
Signed this (`t 'day of July , 19 75.
•
.Ruby Winijfred Norine
California
STATE OF COLORADO )ss,
COUNTY OF San Mateo )
The foregoing instrument was acknowledged before me this (( `----day o
t.,•• , 19-1S- by Ruby Winifred Norine.
(>' ICI f. SEC
WLLnurit' my ►mod iuul LAA: eied ue e►7..
My commission expires:
6‘. .)) , ( `fj77
f111,'OE /1 Tf)✓1/\I )rll
11, 11, 1'111'1 ,,
sai919 (.;()(illl'�
MyCor.i ii;siun Lr 9f .; lan.3, iJi i
Notary I'ul,I1c
1--S/-66°
Reception. No.-4�...+_, ,w' u Ella Stephens. Recorder
WARRANTY DEED
ANNA MARIE HAZELBAKER, formerly known as ANNA MARIE CLAUSON
whose street address is , City (or Town) of
Rifle , County of Garfield , State of
Colorado , for the consideration of One Hundred Dollars and
other good and valuable consideration, in hand paid, hereby sell(s) and
convey(s) unto
GEORGE McCUNE
whose street address is , City (or Town) of
, County of Garfield , State of
, the following described real property in the
County of Garfield, and State of Colorado, to -wit:
An undivided 1/12 interest as to Parcel A, and an undivided 1/18
interest as to Parcel B:
PARCEL A: That part of the E 1/2 SE 1/4 of Section 36, Township
5 South, Range 93 West of the 6th P.M. lying East of the State
Highway No. 13 as constructed and in place, except parcels of land
described in Book 256 at Page 418 and in Book 334 at Page 28.
PARCEL B: That part of Lots 3 and 4, Section 31, Township 5 South,
Range 92 West of the 6th P.M. lying Westerly of the following
described line: Beginning at a point on the South line of said Lot
4 whence the Southwest corner of said Lot 4 bears West 392.6 feet;
thence North 5°3' East 2650.3 feet to the North line of said
Lot 3.
Together with all ditch, ditch rights, water and water rights appurtenant
thereto or used in connection therewith [title to which is not warranted].
with all its appurtenances and warrant(s) the title to the same, subject
to 19 75 property taxes and assessments, easements, rights of way,
restrictive covenants of record, reservations contained within the United
States patent to the subject property , prior mineral reservation of record,
and life estate as set forth in documents recorded Book 306 at Page 189,
Book 334 at Page 29, Book 334 at Page 30, and Book 435 at Page 440,
Garfield County records.
Signed this ; 2 `qday
ti
of .-July
19 75.
'Anna Marie Hazelbaker, f/k/a
I
,i
STATE OF COLORADO
COUNTY OF GARFIELD
)ss.
Anna Marie Clauson
The foregoing instrument was acknowledged before me this -day of
P ,� 3alw i1• 19 75 by Anna Marie Hazelbaker, formerly known as
Anna Marie Clauson.
IH.' 11,31101 Pttrl t+f (' 1 •• 1 nl pug],
is ` / ,
1 la lj S':
ill y.:\commission expires:
or -co"
e/ .74
Notary Public
• 4
• r leJ tuona my frond and olf.iriul
►L;
1 's ;.:1
1y ) %v •
VI \ My.c9umission expires: 7u1..3 , ICI Co -
Receptio:a Ila._. "� " �`' ' Ella Stephens. tee0 6..c.
whose street
Denver
Colorado
WARRANTY DEED
GUY W. PRIDEMORE
address is
other good and valuable
convey(s) unto
4 -?f -6-5/
, City (or Town) of
County of Denver , State of
for the consideration of One Hundred Dollars and
consideration, in hand paid, hereby sell(s) and
GEORGE McCUNE
whose street address is , City (or Town) of
, County of Garfield , State of
, the following described real property in the
County of Garfield, and State of Colorado, to -wit:
An undivided 1/12 interest as to Parcel A, and an undivided 1/18
interest as to Parcel B:
PARCEL A: That part of the E 1/2 SE 1/4 of Section 36, Township
5 South, Range 93 West of the 6th P.M. lying East of the State
Highway No. 13 as constructed and in place, except parcels of land
described in Book 256 at Page 418 and in Book 334 at Page 28.
PARCEL B: That part of Lots 3 and 4, Section 31, Township 5 South,
Range 92 West of the 6th P.M. lying Westerly of the following
described line: Beginning at a point on the South line of said Lot
4 whence the Southwest corner of said Lot 4 bears West 392.6 feet;
thence North 5°3' East 2650.3 feet to the North line of said
Lot 3.
Together with all ditch, ditch rights, water and water rights appurtenant
thereto or used in connection therewith [title to which is not warranted].
with all its appurtenances and warrant(s) the title to the same, subject
to 1975 property taxes and assessments, easements, rights of way,
restrictive covenants of record, reservations contained within the United
States patent to the eubject property , prior mineral reservation of record,
and life estate as set forth in documents recorded Book 306 at Page 189,
Book 334 at Page 29, Book 334 at Page 30, and Book 435 at Page 440,
Garfield County Records.
Signed this
STATE OF COLORADO
COUNTY OF DENVER
July 75
day of , 19
7I/-4��/� 7 } yam,
Guy'W. Pridemore
)ss.
The foregoing instrument was acknowledged before me
, 1975 by Guy W. Pridemore
Notary Public
this /%, "day of
7 e,
Receptiono.... :'21L -L... Ella Stephens, Recorder
WARRANTY DEED
ANNABELLE BURK, also known as ANNABELLE BURKE
whose street address is
, County of
Oklahoma , for the consideration of One
other good and valuable consideration, in hand paid,
convey(s) unto
-
, City (or Town) of
, State of
Hundred Dollars and
hereby sell(s) and
GEORGE McCUNE
whose street address is , City (or Town) of
, County of , State of
, the following described real property in the
County of Garfield, and State of Colorado, to -wit:
An undivided 1/12 interest as to Parcel A, and an undivided 1/18 interest
as to Parcel B:
PARCEL A: That part of the E
5 South, Range 93 West of the
Highway No. 13 as constructed
described. in Book 256 at Page
1/2 SE 1/4 of Section 36, Township
6th P.M. lying East of the State
and in place, except_parcels of land,,
418 and in Book -334 at Page 28.
PARCEL B: That part of Lots 3 and 4, Section 31, Township 5 South,
Range 92 West of the 6th P.M. lying Westerly of the following
described line: Beginning at a point on the South line of said Lot
4 whence the Southwest corner of said Lot 4 bears West 392.6 feet;
thence North 5°3' East 2650.3 feet to the North line of said
Lot 3.
Together with all ditch, ditch rights, water and water rights appurtenant
thereto or used in connection therewtih [title to which is not warranted].
with all its appurtenances and warrant(s) the title to the same, subject
to 1975 property taxes and assessments, easements, rights of way,
restrictive covenants of record, reservations contained within the United
States patent to the subject property , prior mineral reservation of record,
and life estate as set forth in documents recorded Book 306 at Page 189,
Book 334 at Pages 29 and 30, and Book 435 at Page 440.
Signed this 1/1 day of July
OKLAHOMA
STATE OF aOQ
COUNTY OF
July
)ss.
, 19 75.
ANNABELLE BURK, also known as
ANNABELLh
BURKE
The foregoing instrument was acknowledged before me this'' day of
, 19 75 by Annabelle Burk, also known ag'A i'h bei1 iBuzke.
W1t:nean my hand and official. anal.
My commission expires:
;7.1
{ :..
V1 •
'te r • . � ..,: • • - `•
• ;:�
'•
Notary Public
•
LAW OFFICES
ROBERT B. EMERSON, P.C.
86 SOUTH THIRD STREET
CARBONDALE. COLORADO 81623
(303) 963-3700
ROBERT B. EMERSON
May 31, 1994
Mr. Mark Bean
Garfield County Department
of Development
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: McCune Subdivision Exemption
Dear Mark:
FAX (303) 963-0985
1'11 -
p.',.:•,i,fritm
).1 .r'
Ciikii:..:._ .I' Y
I am enclosing a Petition for Subdivision Exemption for George
McCune. It seeks to divide a 49.9 acre tract of land into three
tracts. Enclosed are the following submittal requirements:
1. Sketch map.
2. Proposed legal description of parcels.
3. Vicinity map.
4. Title Insurance Policy showing ownership by the
applicant.
5. The names and addresses of the owners of record of land
adjoining and within 200 feet of the proposed exemption and the
last known addresses of mineral owners. There are no mineral
owners, lessees of mineral owners of record, nor tenants of any
structure proposed for conversion.
6. Evidence of soil type from the Soil Conservation Service.
7. Sewage disposal will be by individual septic tank unless
sewer services from the City of Rifle are extended to the subject
property.
8. I will provide a letter of approval from the Rifle Fire
Protection District.
9. Domestic water for this property has historically been
supplied by and utilized from Grand Tunnel Ditch. There is a deep
pond on the property in which water is stored and used throughout
the year. Enclosed are copies of deeds which show Mr. McCune's
s •
Mr. Mark Bean
May 31, 1994
Page 2
ownership of this ditch right. Drinking water is supplied in
bottles or tanks on the property. Domestic water from the City of
Rifle may be extended to the property in the future. A letter from
the City of Rifle stating a willingness to serve this property will
be provided.
10. The parcel to be divided existed on January 1, 1973. The
applicant purchased the property from the heirs of the Coulter
Estate in December, 1975. 1 will provide evidence that the Coulter
family owned this property prior to January 1, 1973.
11. Application fee of $300.00.
The applicant seeks to divide the property into three tracts. The
larger tract has historically been used as an orchard. There is a
house on the two smaller tracts. Mr. McCune is an 85 year old man.
He seeks to divide this property so that it can be sold in separate
parcels.
Please set this matter for hearing and let me know the hearing date
and if any additional information is needed.
RBE/rjj
Enclosures
cc:
Mr. George McCune
Sincerely,
ROBERT B. EMERSON, P.C.
By:
Robert B. Emerson
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GARFIELD !OUNTY SURVEYOR'S F1 CE
Sonuel Phelps
Garfield County Surveyor
GARFIELD COUNTY PLANNING DEPT.
109 EIGHTH STREET
GLENWOOD SPRINGS, CO,
81601
ATTN: MR. MARK BEAN, DIRECTOR
RE: COUNTY SURVEYOR REVIEW OF THE MCCUNE EXEMPTION PLAT.
County Courthouse
109 Eighth St.
Glenwood Springs, C0%.
81601
(303) 945-9158
OCT, 17, 1994
DEAR MARK;
I HAVE REVIEWED THE ABOVE REFERENCED EXEMPTION PLAT AND NOTE THE FOLLOWING:
1) THERE IS ALREADY A PREVIOUS EXEMPTION RECORDED USING THE NAME "MCCUNE". THIS
EXEMPTION PLAT SHOULD BE FILED UNDER A DIFFERENT NAME.
2) THERE NEEDS TO BE A PROPERTY DESCRIPTION FOR EACH INDIVIDUAL PARCEL,
3) ACCORDING TO C.R.S. 38-51-101 AND 102 THE FOLLOWING NEED TO BE ADDRESSED:
A) NO MONUMENT SHOWN EITHER AS FOUND OR SET AT THE ANGLE POINT ON THE EAST LINE
OF SEC. 36 FOR PARCEL 2.
B) THE EAST AND WEST LINES OF PARCEL #1 ARE IN EXCESS OF 1400,00 FEET WITHOUT A
MONUMENT BEING SET,
SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL h EE TO GIVE ME A CALL.
C.C.:
HERBERT RITSCHARD, P,E. R L.S.
STARBUCK SURVEYORS AND ENGINEERS
205 E. CHAMBERS AVE.
P.O. BOX 1584
EAGLE, CO. 81631
COUNTY SURVEYOR FILES
INCEREL Yl
FEL PHELPS
AS GARFIELD COUNTY SURVEYOR
r •
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
Mr. Dave Michaelson, Planner
Garfield County Building and Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
July 28, 1994
RE: McCune Subdivision Exemption
SE 1/4, Section 36, T 5 S, R 93 W, 6th P.M., and
SW 1/4, Section 31, T 5 S, R 92 W, 6th P.M.
Water Division 5, Water District 39
Dear Dave,
Roy Romer
Governor
James S. Lochhead
Executive Director
Hal D. Simpson
State Engineer
We are in receipt of the subdivision exemption referral for x`49.91 acre parcel located on
State Highway 13, approximately two miles northeast of Rifle. The applicant is proposing to split
this parcel into three parcels of 36.306 acres, 10.085 acres, and 2.759 acres. No information on
a proposed water supply for the parcels was included in the submittal. A review of our records
did not indicate any existing well permits for this parcel.
The Colorado River system and its tributaries at this location are over -appropriated. As
such, well permits applications in new subdivisions must be evaluated to determine if other water
rights would be injured considering the cumulative effect of all proposed wells. It is likely that
in many circumstances well permits could not be issued by our office without a water court
approved plan for augmentation. However, under current statutes, if the Garfield Board of
County Commissioners approves this split by exemption as defined in Section 30-28-101(10)(d)
C.R.S., our office must evaluate the well permit applications as if the division of land occurred
prior to June 1, 1972.
Under current laws, Section 37-92-602(3)(b)(II)(A) C.R.S., and hydrologic conditions, it
appears that our office could in this circumstance approve well permits for ordinary household
purposes inside the single-family dwellings provided that the wells would be the only wells on
the individual parcels, return flows would be to the same stream system in which the wells are
located via non -evaporative disposal systems, and that evidence is submitted showing that the
County has approved the parcels as an exemption. Absolutely no outside uses, including
irrigation and the watering of animals, are allowed under this type of permit.
The availability of a domestic well permit for the remaining 36.306 acres will be the same as
any tract over 35 acres.
•
Mr. Dave Michaelson, Planner Page 2
July 28, 1994
Should you have any questions regarding the water supply for this project, please contact
this office.
Sincerely,
Jeff Deatherage
Water Resource Engineer
/j d
cc: Orlyn Bell, Division Engineer
James Lemon, Water Commissioner
mccune.sub
City of Rifle
202 RAILROAD AVENUE
P. O. BOX 1908
RIFLE, COLORADO 81650
TELEPHONE: (303) 625-2121
June 10, 1994
Mr. Bob Emerson
86 South 3rd Street
Carbondale, CO 81623
Dear Mr. Emerson:
The City has evaluated your request to serve the McCune property, Parcel 2127-313-00-195,
with City water. This parcel is contiguous with the City limits and is presently eligible for
annexation. Upon annexation, it would be eligible for all City services including water. The
existing water and sewer main lines currently extend north along State Highway 13 to 30th
Street. It would be the owner's/developer's responsibility to extend these main lines north to
the McCune property.
If I can answer additional questions, please let me know.
Sincerely,
*/n w?-&titezigmo-
Tim Moore
City Engineer
TM: emb
Reception lee 4 =
Recorded at e'en M.. lay
WARRANTY DEED
TEAS NMI, Mabe this STN day of NOVEMBER , 1194
GEORGE MccuNE
of the said Covey of GEAR F I ELD sad Seas M COLORADO , renew. led
OREOOTY J. TAMBURELLO AND ANNE E. TAMBURELLO
whore legal address i. 17 4 3 CO JNTY ROAD 210
RIFLE, CO 81650
of the said County of wow IELD and State of COLORADO
grrtteea:
MOV 19 lel/
GA;.fILD
81A1e xv . f kap
POC FEE: 5.30
WITMEMS, SS, that the grantor, for and in cnn.weratkm of the .um of good and valuable
cont i jerat ion and ten DOLLARS, the receipt and saff cieacy of which is hereby
ncknoMedged. has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell. convey and merino, onus the
grain -es. their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the mai property, farther w4h bnpevvwnwb,
if any. situate, lying and being in the said County of GARF/EL.) and State of Colorado deeeribsd as follows:
SEE EXHIBIT "A"
as known by street and number as: 2 732 Highway 13, Rifle, CG 81650
TETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion
and reversions, remainder and remainder, rents, issues and profits thereof, and all the emote, right, title, interest, claim and demand what-
soever of the grator, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO 11OLD the said premises above bargained and described, with the appurtenances, unto the grantees, their beim and
assigns forever. And the grantor, for himself, his heir, and personal representatives, does covenant, grant. bargain, er.: agree to and with
the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the promises above
conveyed, has good. sure. perfect, absolute and indefeasible estate of inheritance, in law. in for simple, and has good right, full power and
lawful authority to grant. hatpin, sell and convey the same in manner and farm as aforesaid. and that the sesta are free sad clear from all
former and other grants, nargsins, sales, lien., taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except
et.sements, reetricti.ne, reservations and rights of way of record, or situate
and in use, and real property taxes for the yee.r 1994, not yet due or payable.
rhe grantor shall and will WARRANTY AND FOREVER DEFEND the sbove-bargained premises in the quiet and peaceable possession
of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the while or any part thereof. The singular
number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all i seers.
IN 'WITNESS WHEREOF, the grantor has executed this deed es the dee set forth above.
GEORGE UNE
State of COLORADO
County of GARFIELD )
The foregoing instrument was acknowledged before me this 9TH day of OCTOBER
by GEORGE MCCUNE
My commtssirn expires 050397 Witness my hand and
11.
"\.C.`,1:?
SCMlDULl A
PROPERTY DESCRIPTION
ORDER NO* 94023278
1a921 :r c
A parcel of land lying in the 111/4 of Section 36, T. S S., R.
93 w., 6th P.N., and in the SW1/4 of Section 31, T. S S., R. 92
M., Ath P.N., Garfield County, Colorado, and being more
particularly described as follows*
Beginning at a point on the Easterly right of way lino of
Colorado State Highway No. 13, whence the Southeast Corner of
said Section 36 bears S. 26 degrees 17'15" E., for a distance of
955.63 feet, and the East One -Quarter Corner of said Section 36
bears N. 13 degt•ees 20'07" t., for • distance of 1836.90 feet;
thence N. 89 degree• 20'00" E., for a distance of 342.23 feet/
thence N. 89 degrees 30'00* t., for a distance of 123.00 feet;
thence East, for a distance of 45.00 feet;
thence S. 25 degrees 48'28" E., for a distance of 109.17 fest;
thence S. 5 degrees 32'38" E., for a distance of 140.19 feet/
thence west, for a distance of 242.43 feet/
thence N. 1 degrees 30'57" I., for a distance of 32.17 feet/
thence S. 89 degrees 20'00" w., for a distance of 329.96 feet,
to a point on the easterly right of way line of said Highway
No. 13;
thence along the Easterly right of way line of said Highway No.
13 along a curve to the left, for a distance of 22.61 feet.
Said curve has a radius of 2342.00 i..cit and a central angle of 0
degrees 33'11". The chord of said curve bears N. 0 degrees
18'36" It., 22.61 feet;
thence along the Easterly right of way line of said Highway No.
13, N. 0 degrees 02'00" E., for a distance of 181.°3 feet.
COUNTY OF GARFIELD
STATE OF COLORADO
Also known as Parcel 3 of
George McCune 8xemption
Parcels recorded
Mvombor 9. 1994 as Reception No. 470726
1tt CLAM M DISD
It;
� GEORGE MCCtR13, for the consideration of Ten Dollars and other
good and valuable consideration, in hand paid, hereby quit claims to
441" GREGORY TAMeURELLO and ANNE TANDURELLO, whose address is 1743
0
e
•
‘VW
., R
as
v
•
1t •
•a
0 Q,
line now buried and in place, said easement being for the purposes
OE o
t1
!
UJ of construction, maintenance, and repair of said water line which
a
extends form Parcel No. 3 across Parcel No 1 to the pond located
on Parcel No. 1, George McCune Exemption. The Grantee, by
c
accepting and recording this quit claim deed, agrees to restore the
surface of the ground to its original condition if the surface is
disturbed in connection with the purposes for which this easement
CDt
Mae Doc. Fee
County Road 210, Rifle, CO 81650, all right, title and interest he
may have in and to : 1/2 inches of water from the Grand Tunnel Ditch,
1 1/4 inchei from Priority No. 82 and 1 1/4 inches from Priority No. 100,
which water shall be appurtenant to and used in connection with Parcel
No. 3, George McCune Exemption, according to the plat therecf recorded
AS Reception No. 470727, Garfield County records.
Grantor also grants unto grantees a non-exclusive easement 8
feet in width, 4 feet
on either
side of the
centerline of a water
is granted. Q �/
Alt
DATED this / lay of Ard' ►h,/ 1994.
STATE OF COLORADO
ss.
COUNTY OF GARF/ELD
George M • ne
Subscribed, sworn to, and acknowledged before me this
day of rQOQ" , 1994, by George McCune.
Witness my hand and official seal.
My commission expires: 5 34;7
RFTUTRN TO:
GREG & ANNE TAMRL'REL'L(►
77''3 COUNTY ROAD 110
RIFLE, CO 81650
Notary
5�
REtt'RN TO: ALPINE RANK CARBONDALE
0326 HIGHWAY 133
CARBONDALE, f 0 81623
REtJRUL J 9:3? 3•CLCCftP .M, 1. 4 47 10tiJ
as G9 19941":LJv'C ALSGC4ct '.44Fi LC (.;UNITY r.(, -91t
(SPAM above awe fine for recording purpose!)
DEED OF TRUST
To Secure a Loan
From ALPINE BANK, CARBONDALE
001921 ref:939
1. DATE AND PARTIES. The date o1 this Deed of Trust (Deed of Trust) is October 24, 1994, and the pales and atee Mang addresses are the
tofiuwirg
GRANTOR:
GREGORY J. TAMBURELLO
1743 COUNTY ROAD 210
RIFLE, COLORADO 81650
Social SSCUIIty 0 521-92-8966
AMIE E. TA/MORELLO
1743 COUNTY ROAD 210
RIFLE, CO 81850
Social Security * 523-68-5258
TRUSTEE:
T e PUBLIC TRUSTEE for
GARFIELD COUNTY, COLORADO
BANK:
ALPINE BANK, CARBONDALE
a COLORADO banking corporation
03.`8 Highway 133
Cartondale, Colorado 81623
Tax I.D. 0 84-0630922
2. OBLIGATIONS DEFINED. The term "Obligations" is defined as and includes the following.
A. A promissory note, No. 4174-6, (Note) dated October 24. 1994. with a maturity ditto of October 24, 2004. wed eaaculed by GREGORY J.
TAMBURELLO and ANNE E. TAMBURELLO (Borrower) payable In monthly payments b Ire order of Bank, which evidences a loan (Loan)
to Borrower in the amount o1 S37,505.50, plus interest, and alt extensions, renewals, modifications or substitutions Iheron&
B. All future advances by Bank to Borrower, to Grantor, to any one of them or ern any one of them and others (and M oilier obligations rehired
to in the subparegraph(s) below, whether or not this Deed of Trust is specify any referred to M the evidence of indebtedness Mei regard b
rah future and additional indebtedness).
C. AN additional sums advanced, and expenses incurred. by Bank for the purpose of insuring. preserving or otherwise protecting the Properly
(as herein defined) and its value, and any other sums advanced, and expenses incurred oy Bank pursuant to this Deed of Trust, plus
interest at the serve rate provided for in the Note computed on a simple interest method.
0 All other obligations, now existing or hereafter arising. of Borrower to the extent the taking of the Property (as herein defined) as security
therefor IS not prohibited by law. including but not limited to liabilities for overdrafts. ts. all advances mads by Bank on Borrowers, and/or
Grantor's, behalf as authorized by this Deed of Trust and liabilities as gurantor, endorser or surely, of Borrower to Per*, due or to
become due, direct or indirect, absolute or contingent, primary or secondary, liquidated or unaquidated, or join*, several, a jokM and
several
E Borrower's performance of the terms in the Note or Loan, Grantor's perlomrenre of any tams in this Dead of Trust, and Borrowers and
Grantor's
any performance of any terms in any other decd of trust. any trust deed, atrust indenture. Meer, any mortgage, any deed lo debt,
any security agreement. any assignment, any construction ban agreement, any ban agreement, any assignment of beneficial Interest, any
guaranty agreement or any other agreement which secures. guranbes or otherwise relates to the Note or Loan.
However, this Oeed of Trust will not secure another debt
A. if this Deed of Trust is in Borrower's principal dwelling and Bank fails to provide (b as persons entitled) any notice of right of rescieslpnn
required by law for such other debt; or
B. if Bank faits to make any oisclosure o1 the existence of this Deed of Trust requwed by law for such other debt
3. NOTE. Borrower has executed a promissory0
note dated October 24 1994. (Note) in the prncipal amount of 937.5.50 .rid pa,•able b Vis order of
Bank with interest from October 24, 1994, on the unpaid principal balance at an annual rate equal b 1.5 percentage porta above CHASE
MANHATTAN BANK, N.A. 's Prime Rate until the Note mature;: or the obligation is accelerated. The Prime Rake is quoted by CHASE MANHATTAN
BANK N.A. o1 New York, New York, as adjusted and announced from time to time The Prime Rata, plus 1 5 percentage points may alp be
referred to hereafter as the "Contract Rate'
The Coned Rate 8 the sum of CHASE MANHATTAN BANK. N A 's Prime Rate (7 75%) plus 1.5 percentage pokes. The effective Comae Rae
today is 9.25% which could be based upon the minimum or maximum rate set forth be ow. CHASE MANHATTAN BANK, NA 's Prime Rale today is
not necessarily the lowest rate at which CHASE MANHATTAN BANK. N A lends funds to its customers or at which Bane lends its Lunda The Prim
Rale a only an index rate from which interest rates actually charged to customers may be measured. The use of the Prime Rale le for OOnvenle
ncie
only and does not Constitute a commitment by Bank to lend money at a preferred rale of inleresl. The Pilin Ram is a benchmark for pricing
types o1 loans. Depending on the circumstances. such as the amount and term of Cie ban, the cr ��
the presence and nature of collateral and other relations y be priced
d borrower l any guarantor,
hips between s borrower and Bar#. bans may los priced at, abort or below orfs P►irrm R.
(s+ The forst adjustment to the Contract Rate MI be made on OCTOBER 24. 1995. and ell subsequent adjustments Mil be madeves es every year
thereafter, assuming that the Prime Rate changes between the last preceding adjustment dam ani the scheduled
fir the Contract Rath *5 take the Corm of difterent oris• Cogs i
payment amounts The maximum Contract Ram for the Loan and the Nom era/ los 24% per annual
and the minimum Contract Rate shall be 8% per annum Aha maturity or acceleration, the unpaid Wane* shall bear Mowed mate rats speckled In
C) the Note until paid. The Loan and the Note ted to the maximum lawful amount of interest (MaximLawU Inured)loaf/
permitted under f/
C) re, limited srm and state laws. t the interest accrued and collected exceeds the Maximum Lawful Interest as of the oma of co8sction, such rooms WWI be applied
to reduce the principal arnount outstanding, unless otherwise requned by law_ t or when no principal amount r
nserest
shall be refunded to Borrower according to the actuarial method Interest shall be computed on the basis Of am aClual al�� any rese� tmud
number of days elapsed cwfdw yew end the mud
Principal and aoawd interest are der and payable en 120 equal monthly payments of 940021 ow 9M 21101 rimy of each amial,
beginning
November 24, 1914, or the day following M the payment day Is a holiday or b aw
a nrbknse pal/ prier te 94,
09is► unpaid Pd Nc.M. accrued Interest, costs and expenses are due and payable on October whir* MIss *15 ab of oreaturay. These
.unoewnts are based upon timely payment of each installment and r o change in 9M Contact Ray. 11 M Camerae Ray DAM__,
renselntg payments may be a different amount. An amounts shall be paid In legal U.S. currency. Any geyttlent aye WMt • dame MB
payment only when collected.
Ari
ORDER NO: 94023278
PROPURTY DEBCRIPTIOP
A parcel of land lying in the 131/4 of Section 36, T. 5 1., R.
93 N., 6th P.N., and in the 1F;/4 of lection 31, T. 5 1., R. 92
N., 6th P.M., Garfield County, Colorado, and being more
particularly described as follows;
Beginning at a point on the lasterly right of way line of
Colorado State Highway No. 13, whence the Southeast Corner of
said Section 36 bears 8. 26 degrees 17'15" E., for a distance of
955.63 feet, and the East One -Quarter Corner of said Section 36
bears N. 13 degrees 20'07" E., for a distance of 1836.90 feet;
thence N. 89 degrees 20'00" E., for • distance of 342.23 feet;
thence N. 89 degrees 30'00" E., for a distance of 123.00 feet;
thence East, for s o...ton:; of 45.00 feet;
thence S. 25 degrees 48'28" E., for a distance of 109.17 feet;
thence 3. 5 degrees 32'58" E., for a distance of 140.19 feet;
thence West, for a distance of 242.43 feet;
thence N. 1 degrees 30'57" E., for a distance of 32.17 feet;
thence S. 89 degrees 20'00" N., for a distance of 329.96 feet,
to a point on the easterly right of way line of said Highway
No. 13;
thence along the Easterly right of way line of said Highway No.
13 along a curve to the left, for a distance of 22.61 feet.
Said curve has a radius of 2342.00 feet and a central angle of 0
degrees 33'11". The chord of said curve bears N. 0 degrees
18'36" E., 22.61 feet;
thence along the Easterly right of way line of said Highway No.
13. M. 0 degrees 02'00' Z.. for a distance of 181.83 feat.
COUNTY OP GARFIELD
STATE OP COLORADO
Also known as Parcel 3 of
George McCune Exemption
Parcels recorded
Nnv.mhstr 9. 1994 as Reception No.
4 70 726
essas.iw,a.. w"...a..
475042 9-933 P-224 03/02/95 04:OOP PG 1 O' 3 ROC DOC NOT
MILDRED AISDORF GARFIELD COUNTY CLERK AND RECORDER 15.00 20.00
WARRANTY DEED
TIM DEED, Wan RR ZBTN I* of FEBRUARY , I99% , between
GIO#OE MCCUNE
of the said Costley or GARFIELD mid Rifle of COLORADO , gMbt. and
TRANCE, JEAN BLACK
E Jay
wM lgal .dare.. i. P.O. 8OX 381
SILT, CO 81652
ofthe said Costltyof GARFIELD
tend State of COLORADO , grantee:
DOC FEEL 20.00
W17NFSSETIN. That the granter her and ia surssderstMs of the rent of good and valuable
consideration and ten DOLLARS, , t s receipt and sufficiency of which Ir Mab,
acknowledged, Ina granted. berpl.ed, sold and eo.reyed, and by these memo doe. Igor*, burpis..rtl, se.vey end eesfirtlt, wile the
genomes. his heirs and assigns forever, all the real property together with irnprove.rentr, If any, situate, lying sad beim In the said
County or GARFIELD and Sew of Colorado described as follows:
SEE EXHIBIT "A"
as known by street and number as
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, oe is anywise appertaining. and t1M nevereios
and reversions, remainder cad remainders, rents, issues and profits thereof, and dl the mtate, right, tide, interest, claim and demised who -
server of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appertaining".
TO HAVE. AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the venue, his heirs mid
assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and arse to and with
the grantee, his heirs and asigns, that at the time of the caseating and delivery of these presents. be is well seized of edoe premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, Poll 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 d1
former and other grants, bargains, sales, Tian, taxes, assessments, encumbrancer and restrictions of whatever kind or asters soever, except
real property taxes for the year 1995, not yet due or payable, and those
items as set forth on exhibit "B" attached hereto and made a part hereof
The grantor shall and will WARRANTY AND FOREVER DEFEND the above-hergained premises in the quiet and peaceable possession
of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. Tbe singular
number shall include the plural, the plural the singular, and the use of say gender stall be applicable to .l1 genders.
Jj-p
WITNESS WHEREOF,ttbe grantor has executed this dead on the date set forth stove.
GEORGE RCCURE
State of COLORADO
)es
County of GARFIELD
The foregoing inetrearet wss.dtaowtledged before me this 28TH day of FEBRU
by GEORGE MCCUNE
My co. mission expires 050397 . Witness ley hand cad nc
4d
u..... .ear...
475042 9-933 P-225 03/02/95 04:00P NG 2 (1r 3
BCN*OVL& A
PROM?! D?SCRI P'f I0N
OIIDt1l NO. 94023479
A parcel of land ly.nq Ln the 811/4 of section 36, T. S S., R.
93 W., 6th P.M., and Ln the $111/4 of Section 31, T. S S., R. 92
M., 6th P.N. Garfield County, Colorado, and being More
particularly described as follows;
beginning at the fast 1/4 of Section 36 T. 5 S., R. 93 W., 6th
P.N.S
thence N. 99 degrees 61'41" t., for a distaree of 620.74 feet;
thence 8. 4 degrees 66'26" N. for • distance of 1789.93 feet;
thence *est, for a distance of 425.0* foot;
thence S. 99 degrees 30'00" N., for a dirt encs of 123.00 feet;
thence S. 89 degrees 20'00" W., for a distaave of 342.23 feet,
to a point on the *uterly right of *gay lire of Colorado State
Highway No. 13;
thence N. 00 degrees 02' 00" S. for a distance of 1448.10 feet,
along the tasterly right of way line of said Righway No. 13;
thence N. 89 degrees 44'44" t., for 4 distance of 422.79, to n
point nn the west line of said Section 31;
thence N. 00 degrees 00'35" t., for a distance of 337.40 feet,
along the Nest section line of said Section 31, to the Point
of bwiinning.
Also known as Parcel 1
of George McCune txeeptLon Plat recorded
Ncvenber 9, 1994 as Reception No. 470727.
COUNTY OP OARRIRLD
8TATt OP COLORADO
EXHIBIT "8"
475042 5-933 P-226 03/02/95 04:00P PG 3 OF 3
Right of the proprietor of • vein or lode.to extract and remove
his ore therefrom, should the sage be found to penetrate or
intersect the premises hereby granted, as reserved in United
States Patent recorded January 3, 1893 in Book 12 at Page 202 as
Reception No. 15084.
Right of the proprietor of a vein or lode to extract and remove
his ore therefrom, should the same Ler found to penetrate or
intersect the premises hereby granted, as reserved in United
States Patent recorded October 22, 1909 in Book 71 at Page 383
as Reception No. 37937.
tight of way for ditches or canals constructed by the authority
of tho United States, as reserved in United States Patent
recorded October 22, 1909 in Book 71 at Page 383 as Reception
No. 37957.
Easement: and right of way for
Light, Heat and Power Company
instrument recorded September
Reception No. 48151, in which
easement is not defined.
maintenance as granted to Rifle
by Oscar V Coulter in the
27, 1909 in Book 91 at Page 131 a9
the specific location of the
Easement and right of way for the right to construct, operate
and maintain lines as granted to Mountain States Telephone and
Telegraph Company by N. E. Chivers in the instrument recorded
October 22, 1925 in Book 147 at Page 46 as Reception No. 88983,
in which the specific location of the easement is not defined.
An undivided one-fourth interest in and to any and all of the
oil, gas and other minerals together with the right of ingress
and egress at all times for the purpose of mining, drilling,
exploring, operating and developing land for oil, gss and other
minerals, and stoning, handling transporting and marketing the
same therefrom with the right to remove from said land all
grantee's property and improvements as granted to Mary L.
Coulter by Guy R. Coulter recorded January 3, 1958 in Book 306
at Page 244 Re.eption No. 200230.
Terms, conditions, obligations and provisions of Resolution No.
94-124 issued by The Board of County Commissioners recorded
November 9, 1994 in Book 921 at Page 807 as Reception No.
470726.
Easements and rights of way and subject co notes all as shown
and depicted on George McCune Exemption Plat recorded November
9, 1994 as No. 470727.
SWIM aft
MIMS ruin
p.o. Ir* 161
Stu. c'+ It1.S2
OS 11104111 p-titt 01/00/16 6 +1 :d5P In i a i Nme
Ifithert WIMP 11FiD+C'CUM (*1* cif, 10.00
ant CLAUS SIM
CDONCI *CCM, for the consideration of Ten Dollars and other
eood and valuable consideration, in hand paid, hereby quit elates
t' £*A*Cts JtAM IMAM , Whose address is P. O. box 381, silt , CO
a e.g,7, ary tient, title and interest he may have in end to 411
*ter tight* appurtenant to the reel property in the County Of
Garfield, !,tate of Colorado, described on tshibit A attached hereto
*144 incorporated Perein by this reference, including, without
l;iwitatioh, to eat
1./S inches of Priority Po. 82 and 6.7S inches of
Prierit;+ 0o. 1)0 of water froe the Grand Tunnel Ditch.
DATED this 27th day of February, 1999.
neo diet' "".•44----------
ST Alt Or Cot. *AfO
CorliTy' or GAPPtELD
4ubscribn d, sworn to, and acknowledged before
of February, 1995, by George McCune.
Mime+* my hand and official anal.
we this 27th day
My erwo:ssion expires: 5 S q7
. > • '60.1.0111....#101 p
�0
r
SWIM 2200R23,2011
ODOR POI 94033428
h parcel of lard lying in the 221/4 of batten 34, T. 1 s., R.
93 w.. 4th P.L. end la the 2N1/4 of Section 31, t. f 2.. R. 92
W., 4th P.R. Garfield County, Colorado, and being more
particularly destribed as follewss
beginning at the teat 1/4 of section 34 T. 1 s., R. 93 N., 6th
thence N. 89 owgrees 14'41" S., for a distance of 420.74 foot;
thence 4. 4 degrees 34'24" N. for a distance of 1789.93 feet;
thence west, for a distance of 423.04 feet;
thence S. 89 degrees 30'00" N., for a distance of 123.00 feet;
thence R. 89 degrees 20.00" N., for a distance of 342.23 feet,
to a point on the $asterly right of way line of Colorado State
Nighwey Po. 13;
thence N. 00 degrees 02' 00" S. for a distance of 1444.10 feet,
along the Sisterly right of way line of said Highway Po. 13,
thence N. 89 degrees 44'44" T., for a distance of 422.79, to a
point on the west line of said section 31;
thence It. 00 degrees 00'38" S., for a distance of 337.40 feet,
along the Nest section line of said Section 31, to the Point
of Beginning.
Also known as Parcel 1
of George McCune Exsorption Plat recorded
November 9, 1994 as Reception No. 470727.
COUNTY OF GARFIELD
STATE OF COLORADO
475043 8-933 F'-228 03/02/95 04:00P PG 2 OF 2
475044 8-933 P-229 03/02/85 04:OOP PG 1 OF 2 RDC DOC WIT
M 1 LTh i) At S1X7RF GARF I EID CO R TY CLF'18t AND MURDER 10.00
DEED OF TRUST
TIWP4 ft '1(D OF TRUST. (Dated P bruary 27, 1995
FRNCCLS� BIAti
the r f** Whorse akhrs% ri P.O. Boa 381, Silt
. between
`County of Garfield coni State of C'nhwadn,anl Che
f'l'Al.h' TRI IST1-I of the County or City and County m which the property descrhed below is situated, in the Slr.e of Colorado,
wTttlalha.
The pamor. tui ie,vrc a promissory note or notes. hereinafter Iekncd to in the singular, dated Febrilnry 27, 1995
for the ratai pnntirol sum of One Hundred Thi rt y Thousarx? and No/100 ($130,000.00) — — — — pavahk to the order of cleorge MCi Une
the ttencficiary herein, tions addles is 735 Garfield, Carbondale, Colorado 81623
after the dote thereof,
with interest thereon from the date Memo, at the rate of Seven (7) percent pct annum, principal and *erten mid*
as set forth in the promissory note which this deed of trust secures.
docs hereby gam and .•Doves unto said !!ootid Trustee the frllwing described d property, situate in the Carry
of Garfield Slate of ('nlwadM. In 2,1
See Exhibit A, attached hereto end by this reference trade a part hereof.
al.. known by street and number as Vacant land.
n, N Ayr Asln 11) nein the same u,pether with all apptnknances in war nc.erthele... that in carr of default in the payment of .aid mile re any pan thereof a iaaelaM
therm ow on the perhwman a of nn cotenant. heretnaner .n forth. Men cpm the henehe un' inner onldert filing none of election and demand kw uk. said PtMk Trailer.
ane, when nine thane tit said sal weekh how not leas than fur week. on some neromarer of general circulator., in swift grunt!. shall .ell said property in the manner provided
P., law m elect n the time o t film,/ .ad nuce and demand. at public auction kw a..h. at an. (roper pure designated in the notice of oak Out of the proceeds of said sake ski
1 more s' 11 retain or pan 1,rvt all kr. _ charier. and CO." and all money. silvans for tine,. insurance and assts mea.. a oro any prior encumbrance. wth mimeo thereon, ad
rye the tonn-ipal and morns doe on sad none. rendering the .werplus I if any h ..no, the gramm, and after the expiration .4111.4 tune of recension. said Trustee .fall enema mad
.elver h, the pont hast, a meed to ole pn.pmy sold The henencun may pun -hat sad pnprty en any pan thereof at Inch oak
thr pant, “wcnent• that at the use of delivery of these presents. be is wired of said properly m tee smpkand that said property it free of escumbraeces. meld
I he grantor ads.. o ..enant. that he wrl keep all huddling* insured w rte a company appnwed to the henfisiars for fire and extended coverage m an t. m ale u
h:tIan, of said now with Inn, parable a. the benefit in., will .tel., a cop! of the polos to the tench. cry and will pm ell Imes and n.es.melaa naive said paps ly ad
amount. the .n prow encumbrance, If gram.. shall fall h1 pa, insurance premium.. Lasts or amounts .pot on p.'ww rnumSrance. to benefciry rosy pry Ale fuer ad all
amount, hall he, me atdtawul dndehtdnes. Mae hemnder. and r cane of kwnekwre. tw wit pas an attorney', kr .4
a reasonable amount.
`oMµtft the henrh.rar, hereunder he made a party to any actin affecting this deed or trust .or the trek k. sa.d noprrty. the grams agree, that all court !rota and a teaerolable
+m treys Ice pad by life beneficiary shall hecomr addt.anal .rdrd sedness due herr and.. and the grantor des hereby release and waive all claims in sad property a a
homestead eiempinm or other exemption nava or her ea*? pr ...led 1 y law
If all or an pan of the properly or an interest thereon c. sod r transk^•d h. the grana wrth.wt beneficiary 's prior tenter cementt excluding nal Use creation of a lien ei
en umhran'e Wta ad,M1e tgr this Deed of Trust. Ill the efeat am i d a pun-hnsc money orcinv inareo for Mmaeho ld ippltancea. lc, a a'an.kr by devise. decent or by Operation
r law upon the death of a Rein tenant .r id d the pram of any kaeh.kl merest of three yeah a less naw containing .0 opium leo purchase. heneficiary may. M beneficiary's
oen n. its lair all the sums secured h. Mn Deed of Trust to he ,-tmediaely due and payahle Beneficiary shell h_.e waved such o o.on to accelerant if. prow an the We or
transfer herefw un and the person to wham the property is to be cowl .w umiak -fled ...h agreement in renting that the credit M such perm ,I satisfactory M beneficiary rid
that the interest m•hk .o the sums secured It ten feed of Trus shit he at such rate as hens -news shall request.
i. agreed that in car of dtlauh to payment of cad pnnripal ,r inerts .r a Mtach .f any rd the Wren: nes herein. then said principal sum hereby secured and lane.! Aaereta
ma. at the trim M the beneficiary h. -come due and peyahk at .act anything In sad rate to the cunna:y nawlt standing and pn.eswwI of sad property volt tlereepne he
deltaeled to to henebcur,. and on failure to .kliver such p.nse.stm the bereft. urs shall he mined to a weeny, .for said property. who may br app .n ed by any ctrl of
.. nmpetrnt tundicu.n
Whereser used herein the singular ntrnher shall include the plural. the iimal the singular. and the nae .{ any gender shall he applicable n all perukes. All of the cmwesaus
herein shall foe hunddn, Ups rhe respective hens. phonal itpeKntatin.. suc.e*,.n and .sago, of nit pones herein
Executed the dm and year first show woolen
STATE OF COLORADO
County of C- ,/FIELD
The foregoing instrument was aeknowkdg
hY Francis Jean Black
e cg)_
My commission crimes 5- 2, Ri
*UM Den c,, insert "City and-.
27th da of February
and official seal.
0-
t!ltr Ar4mdMaln QuinaVk.trnemedtgal
. 1995
Mary Nils
175044 8-933 P-230 03/02/95 04:00F' PG 2 of
LEGAL. DESCRIPTION fOR DEED Of TRIM
A parcel of land, said parcel being a portion of the Geon McCune Exemption
Parcel 1, and lying in the SE1/4 of Section 36, 1. 5 S., R. 93 W., 6th P.M., and
in the SW1/4 of Section 31, T. 5 S. R. 92 W., 6th P.M., Garfield County,
Colorado, and being more particularly described as follows:
1. Beginning at a point on the east line of Section 36, whence the East Quarter
Corner bears N. 00 00'35" E., for a distance of 337.40 feet.
2. Thence 5. 16'51'31" E., for a distance of 60.66 feet.;
3. thence S. 15'19'40" W., for a distance of 92.40 feet;
4. Thence S. 06'36'36" E.,for a distance of 839.72 feet;
5. Thence S. 11'32'47" E., for a distance of 270.62 feet;
6. Thence S. 05'07'30" W., for a distance of 199.27 feet, to a point on the
northerly line of Parcel 2 of the George McCune Exemption.
7. Thence West, along the northerly line of said Parcel 2, for a distance of
39.62 feet, to the northeast corner of Parcel 3 of the George McCune
Exemption.
8. Thence West, along the northerly line of said Parcel 3, for a distance of
45.00 feet.
9. Thence S. 89'30'00" W., along the northerly line of said Parcel 3, for a
distance of 123.00 feet.
10. Thence S. 89'20'00" W., along the northerly line of said Parcel 3, for a
distance of 342.23 feet, to a point on the easterly right-of-way line of
Colorado State Highway No. 13.
11. Thence N. 00'02'00" E., along the easterly right-of-way line of said Highway
No. 13, for a distance of 1448.10 feet.
12. Thence N. 89'44'44" E., for a distance of 442.79 feet, to the point of
beginning.
13. Said parcel of land contains 16.199 acres, more or less.
Date: 1 2c¢,• e' (o, 19 94
94-015DT.LGL
WUTWAW TO
PRAWN SLACK
F.O. ROI 361
SILT, CO 61652
475045 /1-933 P-231 03/02/95 04:00P P3 1 Cf 2
M 1 LDR D AL' 1XJ F GART I E1D cowry CLERK AM) RFC CRPE
AFFtDAVtT
1. That tar of legal aha.
2. That t personally knew EMILY MARIE PLACE Deceased
who died in raarILL0 County, Colorado, on FEBRUARY 12. 1992 •
3. That t know of n own personal knowledge that EMILY
MARIE BI.i1CIC was also known ss UGLY M_ Mart
end as such held title to the following described real propertyt
SEF, ATTACHED EXHIBIT "A"
STATE OF COLORADO )
COUNTY OF )
Subscribed and sworn to before me this _ 2 y"/ft day of F7 b ,
Witness h hand and official Cenif.libliZ�«
My commission expires. __ADO7117r � eo ••• C
SCUD= M
PROPERTY DtSCPIPTION
OtOU NO: 9402)479 C-2
A parcel of land situated in the 311/4St1/4 Section 4, Tp. 6
South, Range 92 West of the Sixth Principal Meridian lying
Southerly of the Southerly lite of County Road No. 236;
Westerly of the Westerly line of County Road No. 231; Northerly
And Westerly of those parcels of land described on Document
Numbers 216256 and 212291 as recorded in the Clerk and Recorder
Office, Garfield County, Colorado; and tasterly of a fence as
constructed And in place more particularly described as follows:
Beginning at the section corner common to Sections 3, 4, 9 and
10, Township 6 South, Range 92 Nest of the Sixth Principal
Meridian, said corner located near the intersection of 1st
Street and Grand Avenue, to the town of Silt, Colorado;
thence N. 49 degrees 49'50" W. 444.75 feet to the True Point
of Beginning, said point being on that line as described by
metes and bound on Document No. 186210 and No. 177883;
thence leaving said line and alongside a fence as constructed
and in place N. 00 degrees 43'16" N 999.22 feet to a point
on the Southerly right of way line of County Road No. 236;
thence along said Southerly right of wry line S. 89 degrees
30'24" E. 310.00 feet to a point on the Westerly right of way
line of County Road No. 231;
thence along said Westetrly right of way line S. 00
degrees 31'04" E. 746.00 feet to a point on the
Northerly line of Document No. 216256;
thence along said Northerly line S. 89 degrees 23'00" W.
50.00 feet;
thence S. 00 degrees 49'00" E. 100.81 feet to a point on
the Northerly line of Document No. 212291;
thence along said Northerly line N. 89 degrees 22'00" W.
138.77 feet;
thence S. 00 degrees 37'10" E. 192.56 feet to that line as
described on Document No. 177883 and No. 186210;
thence along said line N. 59 degrees 07'00" W. 34.38 feet;
thence N. 74 degrees 51'00" W. 92.64 feet to the True Point
of Beginning.
COUNTY OF GARFIELD
STATE OF COLORADO,
475045 B-933 P-232 03/02/95 04:00P PG 2 OF 2
475046 8-933 P-233 03/02/96 04:00P PO 1 OF 2 liEC DOC NOT
MILDR D AMORE GARFIELD COUNT) AND RPOOMDCR 10. (M
3/699 431631
QUIT CLAIM DIAD
1111111101106606 ! 1mof flmUAST .tits .lower..
MYRON W. BLACK
of do NM Comm of OAIITIILD mail Iwo of 001LORADO 0011
MICS .7. SLACK
Mune lefty address is R.O. SOX 311
SILT, CO 61634
of dm mid Cowry of CARR MLR
mad lento of COLO1U1D0
EXEMPT
M771Ex4, Orel ohs grantor. lot and It eerraiderwtisu of tin neo of good and •aluabla
conaidarat son and tan DOIIARS, tin roeoyt Cad anf ieleaey of *bah Is kroby
acknowledged, has remised, released, geld, enawy.d. and WIT CLAWED. sod by riga prormas, de rweles, rolean, es11, ems" ant
Quit Chita aero the RSM, his hare, .eaeoasore Cad essigaa. forever. ail the right, s$u, het.rew, claim aged derased wall In wow ter
la and to the reel property, smoker with improeeowab. If ally. Noone. ION Ind Wet M rho Bald Cly of
CARP /RLD and tithe of Colorwio darcribed as fdlewo:
SEE IXNIBIT "A"
as known by street and number as:
TO HAVE AND TO HOLD the same, together with ail and singular the eppertenaeoes and privileges thsretrno below or is soy -
wise thereinto appertaining. read all the *nate, right, title. interest and claire whatsoever, of the grantor, either i Iver or geity. M As
only proper use, besets and behoof of the grantee. his heirs sad assigns forever. The singular somber shall include the /hind. the plural
and the singular, and the use army gander SWI be applicable to all seeders.
IN WITNESS WHEREOF, thee grantor has executed this deed oa the date set forth above.
,. 14�YLflt�
MYRON W. BLACK
State of COLORADO i
) se.
County of CARE IELD
The foregoing instrument was acknowledged befor
by MYRON W. BLACK
My commission expires 050397
28TH day of FEBRUARY .19 95
•nary The l Cka.rwa Springs - /a. No. NUM, 0 3
Ns. e77 t<1t TT CLAM NMI
RETURN TO:
hand and official sed.
475046 8-933 P-234 03/02/95 04:00P PG 2 OF 2
SC.N.t A
PROPIRTT DUSCR1PTION
ORDSR NO; 94023479 C-2
A parcel of land situated in the Stl/48t1/4 Section 4, Ip. 6
South, Range 92 West of the Sixth Principal Meridian lying
Southerly of the Southerly line of County Road Mo. 236;
Westerly of the westerly line of County Road No. 231; Northerly
and westerly of those parcels of land described on Document
Numbers 216256 and 212291 as recorded in the Clerk and Recorder
Office, oarfle10 County, Colorado; and Sisterly of a fence as
constructed and in place more particularly described as follows;
beginning at the section corner common to Sections 3, 4, 'i and
10, Township 6 South, Range 92 west of the Sixth Principal
Meridian, said corner located near the intersection of let
Street end Grand Avenue, to the town of Silt, Colorado;
thence N. 49 degrees 49'1%0" W. 444.75 feet to the True Point
of Beginning, said point being on that line as described by
metes and bound on Document No. 186210 and No. 177883;
thence leaving said line and alongside a fence as e.onstructed
and in place N. 00 degrees 43'16" W. 999.22 feet tr. • point
on the Southerly right of way line of County Road No. 236;
thence along said Southerly right of way lino 8. 89 degrees
30'24" E. 310.00 feet to • point on the westerly right of way
line of County Road No. 231;
thence along said westerly right of way line 8. 00
degree* 31'04" E. 746.00 feet to • point on the
Northerly line of Document No. 216256;
thence along said Northerly line S. 89 degrees 23'00" W.
50.00 feet;
thence S. 00 degrees 49.00" E. 100.81 feet to a point on
the Northerly line of Document No. 212291;
thence along said Northerly line N. 89 degrees 22'00" N.
138.77 feet;
thence S. 00 degrees 37'10" E. 192.56 feet to that line as
described on Document No. 177883 and No. 186210;
thence along said line N. 59 degrees 07'00" W. 34.38 feet;
thence N. 74 degrees 51'00" W. 92.64 feet to the True Point
of Beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
WAUANtY DIU
t1 U9 ngft Mor tt>,r 21!'M dy of PtSRVART , 1999 Mrwws
FRANCES J. SLA
el floe aid Cr.way of GARPIELD ed Imre of COLORADO
CEOROt ACOCtll/t
, para+», sed
whose legal aadrew is 735 CARPItLD
CARBONDALE, CO 91623
of the said Coen" of GARPI tLO rasa Rae of COLORADO , 'MOW
DOC FEEL 6.00
1971 t91. fV ess «rrsrrr fnr and wervemoSeratiria of me earn of good and valuable
Oona iderat ton end ten DOLLARS, the receipt and sufficiency of whish M befell
edlembNelfel. tau anneal. baeeuinei, sold nod conveyed. tend by thew premise does pant, btrpia, sell, convey end eo.Mwt, tub the
Rnunee. Mie MrMs uN rrsigss finevee, all the real poweny norther with improvements, if any, shwas, tying and heist in the said
Covent of OA1tPiWLD sad State of Cdoredo *trawl as follows:
SET Etfultiir "A"
es krw.ws by wren and menial u
TOGETTIFit with all and singular the h,roditaments and apputusances thereto belonging, or in anywise appertaining, and Ne reversion
and reversions, remshdet and remainders, rens, issues and profits thereof, and all the estate, right, tide, interest, slabs sad domed whet.
enever of Rine penux, either it law or equity, of, in and to the above bargained premiees, with the hereditament. amend appnruessmea,
711 HAVE ARID TO HOLD the rid premises above bargained and described, with the appurtenances, unto the mates, his Min and
assigns forever. And the renew, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to sad with
the ,renes, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the promisee above
conveyed, has good. sun, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, fell power and
lawful aul ority to pant, bargain, sell and convey the same in manner and form as aforesaid, and that the same us fres and tear frr•.i alt
former and other pants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or snare waver, except
real property taxes for the year 1995, not yet due or payable, and those
items as set forth on exhibit "B" attached hereto and made a part hereof
The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable pgnsee1 -
4 the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. Ths eY istke
number shall include the plural, the plural the singular, and the use of any gender shall be applicable to ad genders.
tel WITNESS1st _REOF, the grantor has executed this deed on the date set forth above.
,7514
FRANCES J.LACK
State of COLORADO
County of GARFIELD
)u.
The foregoing instrument wets acknowledaed
by FRANCES J. BLACK
My commission expires 050397
day of FEBRUARY
5..M Tlk.1 ctm...sa sp*q. - rh. N. wiram9 c
N. e32A WARRANTY D6ID Qom PAseaimeak Mmo rd)
RETURN TO:
GEORGE MCCUNE
735 GARFIELD
rat onntan r , .... twee,.
.19 95 .
_�i
1CMtDUL8 A
1AOPIRTT Di8CRIPTION
ORDiR POs 9402347N C-2
A parcel of land situated in the 811/4881/4 Section 4, Tp. 6
South, Range 92 West of the Sixth Principal Meridian lying
Southerly of the Southerly line of County Road No. 236;
Westerly of the Westerly line of County Road No. 231; Northerly
and Westerly of thoss parcels of land described on Document
Numbers 216236 and 212291 as recorded in the Clerk and Recorder
Office, Garfield County, Colorado; and easterly of • fence as
constructed and in place more particularly described a• follower
Beginning at the section corner common to Sections 3, 4, 9 and
10, Township 6 South, Range 92 West of the Sixth Principal
Meridian, said corner located near the intersection of 1st
Street and Grand Avenue, to the town of Silt, Colorado;
thence N. 49 degrees 49'50" W. 444.'5 fret to the True Point
of Beginning, said point being on that line as described by
metes and bound on Document No. 186210 and No. 177883;
thence leaving said line and alongside a fence as constructed
and in place N. 00 degrees 43'16" W. 999.22 feet to a point
on the Southerly right of way line of County Road No. 236;
thence along said Southerly right of way line S. 89 degree•
30'24" E. 310.00 feet to a point on the Westerly right of way
line of County Road No. 231;
thence along said Westerly right of way line S. 00
degrees 31'04" S. 746.00 feet to a poi'it on the
Northerly line of Document No. 216256;
thence along said Northerly line S. 89 degrees 23'00" W.
50.00 feet;
thence S. 00 degrees 49'00" 8. 100.81 feet to • point on
the northerly line of Document No. 212291;
thence along •aid Northerly line N. 89 degrees 22'00" W.
138.77 feet;
thence S. 00 degrees 37'10" E. 192.56 feet to that line as
described on Document No. 177883 and No. 186210;
thence along said line N. 59 degrees 07'00" W. 34.38 feet;
thence N. 74 degrees 51'00' W. 92.64 feet to the True Point
of Beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
betfl3lt't "e"
475047 8-933 F'-237 913f02f9S 04:0CP FG 3 Of 3
Right of the proprietor of a rein et lode to estract and remove
This ore thtrefrne, should the sacs be found to penetrate or
intersect the premises hereby granted, as rese-ved in Unites
States Patent recorded August 31, 1993 in Soc. 12 at Page 244 as
Reception to. 16206.
Richt of May for ditches or canals oot+etrvcted by the authority
of the United states, as reserved in United States Oaten.
recorded August 31, 1993 in book 12 at Page 244 as Recept'on Mo.
16296.
basement and right of way for maintenance as granted to Mountain
States Telephone imd Telegraph in the instrument recorded in
book SO at Page 430 as Reception No. 42622 , in which the
specific location of the easement is defined.
Reservation of an undivided one-half interest in all oil, gas
and other mineral rights, as reserved in the Deed to Miller A.
Alley recorded March 21, 1952, in book 263 at Rage 464 as
Reception Nn. 17$697, and say and all assignments thereof, or
interests therein.
Terms, conditions, obligations and provisions of Resolution Po.
79-124 issued by The board of County Commissioners recorded
December 13, 1979 in book S20 at Page 209 as Reception Po.
290727.
• •
GARFIELD COUNTY
BUILDING AND PLANNING
September 6, 1994
Mr. George McCune
735 Garfield
Carbondale, CO 81623
RE: Subdivision Exemption
Dear Mr. McCune:
On August 1, 1994, the Board of County Commissioners conditionally approved your request
for a subdivision exemption. The approval was subject to the filing of an exemption plat and
completion of the following conditions:
1. All representations of the applicant shall be considered conditions of approval
unless otherwise stated by the applicant.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of all proposed lots or separate interests to be
created, access to a public right-of-way, and any proposed easements for
drainage, irrigation, access or utilities.
3. The applicant shall have 120 days to complete the required conditions of
approval. Extensions of 120 days may be granted by the Board for a period of
up to one (1) year.
4. The applicant shall submit $200 in School Impact Fees for the creation of each
new lot.
5. Control of noxious weeds is the responsibility of the property owner.
109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601
• •
Mr. George McCune
September 6, 1994
Page 2
6. The following plat note shall appear on the plat:
"Soil conditions on the site may require engineered septic systems. At the time
of building permit submittal, a site-specific percolation test shall be done at the
time of building permit submittal.:
"USFS Wildfire Prevention Guidelines shall be followed for all structures".
If you have any questions regarding these conditions or the exemption plat, do not hesitate to
call.
Sir.ely,
Dave Michaelson
Planner
DHM/dhm
JUL-16-1999 16:05
DIU 5 LJTR RESOURCES 1 303 866 5415 P.02/03
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
)/vision of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 813
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
Mr. Dave Michaelson, Planner
Garfield County Building and Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
July 28, 1994
RE: McCune Subdivision Exemption
SE 1/4, Section 36, T 5 S, R 93 W, 6th P.M., and
SW 1/4, Section 31, T 5 S, R 92 W, 6th P.M.
Water Division 5, Water District 39
Dear Dave,
f
Rny Romer
Gpvrrnor
James S. Lochhead
Exccurir Director
Hal 0. Simpson
State Engineer
We are in receipt of the subdivision exemption referral for a 49.91 acre parcel located on
State Highway 13, approximately two miles northeast of Rifle. The applicant is proposing to split
this parcel into three parcels of 36.306 acres, 10.085 acres, and 2.759 acres. No information on
a proposed water supply for the parcels was included in the submittal. A review of our records
did not indicate any existing well permits for this parcel.
The Colorado River system and its tributaries at this location are over -appropriated. As
such, well permits applications in new subdivisions must be evaluated to determine if other water
rights would be injured considering the cumulative effect of all proposed wells. It is likely that
in many circumstances well permits could not be issued by our office without a water court
approved plan for augmentation. However, under current statutes, if the Garfield Board of
County Commissioners approves this split by exemption as defined in Section 30-28-101(10)(d)
C.R.S., our office must evaluate the well permit applications as if the division of land occurred
prior to June 1, 1972.
Under current laws, Section 37-92-602(3)(b)(II)(A) C.R.S., and hydrologic conditions, it
appears that our office could in this circumstance approve well permits for ordinary household
purposes inside the single-family dwellings provided that the wells would be the only wells on
the individual parcels, return flows would be to the same stream system in which the wells are
located via non -evaporative disposal systems, and that evidence is submitted showing that the
County has approved the parcels as an exemption. Absolutely no outside uses, including
irrigation and the watering of animals, are allowed under this type of permit.
The availability of a domestic well permit for the remaining 36.306 acres will be the same as
any. tract over 35 acres.
JUL-16-1999 16:06
DIU 5 UTR RESOURCES 1 303 866 5415 P.03/03
Mr. Dave Michaelson, Planner
July 28, 1994
Page 2
Should you have any questions regarding the water supply for4his project, please contact
this office.
Sincerely,
Jeff Deatherage
Water Resource Engineer
/jd
cc: Orlyn Bell, Division Engineer
James Lemon, Water Commissioner
mccune.sub
TOTAL P.03
August, 1994 - Page 524
PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS,
GARFIELD COUNTY, COLORADO
August 1, 1994
RESOLUTION 94-093: CONDITIONAL USE PERMIT APPLICATION, BRUCE & DIANE
BALDRIDGE
Commissioner Smith made a motion authorizing the Chairman to sign
Resolution 94-093 concerned with the approval of a Conditional Use Permit
application by Bruce and Diane Baldridge. Commissioner Mackley seconded
the motion; carried.
RESOLUTION 94-092: FLOODPLAIN SPECIAL USE PERMIT APPLICATION, ROCKY
MOUNTAIN NATURAL GAS
Commissioner Smith made a motion authorizing the Chairman to sign
Resolution 94-092 concerned with the approval of a Floodplain Special Use
Permit application for Rocky Mountain Natural Gas. Commissioner Mackley
seconded the motion; carried.
RESOLUTION 94-091: SPECIAL USE PERMIT APPLICATION, NATURAL GAS
TRANSMISSION PIPELINE, ROCKY MOUNTAIN NATURAL GAS
Commissioner Smith made a motion authorizing the Chairman to sign
Resolution 94-091 concerned with the approval of a Special Use Permit
Application for a natural gas transmission pipeline. Commissioner
Mackley seconded the motion; carried.
RESOLUTION 94-090: CONDITIONAL USE PERMIT APPLICATION, JOLEE
HENRY/FOREVER PESTO
Commissioner Smith made a motion authorizing the Chairman to sign
Resolution 94-090 concerned with the approval of a Conditional Use Permit
application by Jolee Henry (Forever Pesto). Commissioner Mackley
seconded the motion; carried.
AMENDED ACKNOWLEDGEMENT OF PARTIAL SATISFACTION FOR SUBDIVISION
IMPROVEMENTS AGREEMENT: CANYON CREEK
Commissioner Smith made a motion authorizing the Chairman to sign an
Amended Acknowledgement of Partial Satisfaction for Subdivision
Improvements Agreement for Canyon Creek. Commissioner Mackley seconded
the motion; carried.
RESOLUTION 94-089: ASPEN GLEN PUD REZONING AND APPROVAL OF ITS PLAN
Commissioner Smith made a motion authorizing the Chairman to sign
Resolution 94-089 concerned with the approval of an amendment to the
application of the Aspen Glen Company for the Aspen Glen Planned Unit
Development rezoning and approval of its plan. Commissioner Mackley
seconded the motion; carried.
SUBDIVISION EXEMPTION EXTENSION FOR UNOCAL/PETER NICHOLS
Commissioner Smith made a motion authorizing the Chairman to sign a
subdivision exemption extension for UNOCAL/Peter Nichols to 11/30/94.
Commissioner Mackley seconded the motion; carried.
EXECUTIVE SESSION: ZONING ENFORCEMENT ISSUE; PERSONNEL
Commissioner Smith made a motion for the BOCC to go into an Executive
Session to discuss a zoning enforcement issue and a personnel issue.
Commissioner Mackley seconded the motion; carried.
PUD ZONE DISTRICT AMENDMENT: RIFLE SERVICE PARK_-PLANNING & ZONING
COMMISSION
Commissioner Smith made a motion referring a PUD Zone District Amendment
for Rifle Service Park to the Planning & Zoning Commission. Commissioner
Mackley seconded the motion; carried.
PUBLIC MEETING FOR A SUBDIVISION EXEMPTION. LOCATED APPROX. TWO MILES
NORTHEAST OF RIFLE, OFF OF STATE HWY. 13; APPLICANT; GEORGE MCCUNE
Present were: County Building & Planning Department Supervisor Mark
Bean, and Dave Michaelson of that Department; and Mr. and Mrs. George
McCune. Mark determined that notice was adequate. Chairman Arbaney
entered these Exhibits into the record: "A", return receipts; "B", Staff
Report. The site includes 49.91 acres and is zoned A/R/RD. The
exemption parcel is located along the north boundary of Rifle, east of
State Hwy. 13. The property is historic agricultural land. Improvements
include two single-story residential units and several outbuildings
associated with agricultural uses. The applicant is requesting an
exemption to split the 49.91 acre parcel into three tracts approximately
36.306, 10.085, and 2.759 acres each in size. The two smaller parcels
August, 1994 - Page 525
PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY COLORADO
August 1, 1994
would each have an existing dwelling unit, and the third parcel includes
the old orchard. Records in the County Assessor's Office indicate that
the parcel consisted of 36.3 acres in 1961. In 1972, Mr. McCune
purchased an additional 12 acres, prior to the adoption of subdivision
regulations in 1973. Up to four parcels may be created through the
exemption process. Legal access for all three exemption parcels is
directly from State Hwy. 13. The current proposal would allow access to
parcel #3 via an existing driveway currently providing access to an
existing dwelling unit on Parcel #2. Parcel #3 would require a new
driveway from State Hwy. 13. The City of Rifle has agreed to provide
domestic water to the parcel but is requiring the applicant to extend
lines from 30th Street. The applicant has no intention of extending
services as part of the exemption request. An alternative proposed by
the applicant is the use of a cistern and bottled water to serve the
exemption parcels. Staff has considerable concern regarding the use of
cisterns and bottled water to provide domestic water for a subdivison
exemption. Section 8.52(D) states that the BOCC shall not grant an
exemption unless the division proposed for exemption has satisfied the
following criteria: "Provision has been made for an adequate source of
water in terms of both the legal and physical supply, quantity and
dependability..." In Staff's opinion, the use of trucked -in water fails
to meet this standard, particularly in regards to dependability. The
applicant has indicated to Staff that he has hristorically used water
stored in a pond and originating from the Grand Tunnel Ditch. This water
is only used for irrigation, and should be proportionally shared by all
exemption parcels. The BOCC said that bottled water is not acceptable.
Mark suggested that approval be based on the fact that well permits can
be acquired and it will be up to individuals buying the property to
acquire those permits. The following Conditions of Approval were agreed
upon:
1. That all representations of the applicant, either within the
application or stated at the Meeting before the BOCC, shall be
considered Conditions of Approval.
2. A Final Exemption Plat will be submitted indicating the legal
description of the property, dimension and area of all proposed lots
or separate interests to be created, access to a public right of way,
and any proposed easements for drainage, irrigation, access or
utilities.
3. That the applicant shall have 120 days to present a plat to the BOCC
for signature. Extensions of time may be granted if requested prior
to the expiration date.
4. That the applicant submit $200 in School Impact Fees for the creation
of each new lot.
5. Driveway permits, if necessary, shall be obtained from the Department
of Transportation prior to the issuance of a building permit.
6. Control of noxious weeds is the responsibility of the property owner.
7. The following plat note shall be included on the Final Plat: "Soil
conditions on the site may require engineered septic systems. At the
time of building permit submittal, a site-specific percolation test
shall be done".
8. U.S. Forest Service Wildfire Prevention Guidelines shall be followed
for all residential construction.
9. Evidence of domestic water for the exemption parcel shall be via well
permits, per a 7/28/94 letter from the State Engineer's Office.
Commissioner Smith made a motion that an exemption from the definition of
subdivision be granted to George McCune for property as described above
with all the issues, concerns, findings, and recommendations of Staff.
Commissioner Mackley seconded the motion; carried.
PUBLIC MEETING FOR A SUBDIVISION EXEMPTION, LOCATED APPROX. 1.5 MILES
SOUTHEAST OF PARACHUTE SOUTH OF I-70; APPLICANT: JOYCE RISLEY
Present were: Mark Bean; Dave Michaelson; Bob Risley. Mark determined
that notice was adequate. Chairman Arbaney entered these Exhibits into
the record: "A", return receipts; "B", Staff Report. The applicant is
requesting to split a 15.160 -acre parcel into two parcels of
approximately 10.000 and 5.160 acres in size. Improvements on the
property include a 1,800 square foot single family home. The original
parcel has been split three times since 1/1/73. A 17 -acre parcel was
split from the parent parcel b
Mrs. created two by the Lindauer family in 1974,
In MrRisleyislprocess.cratparcels, 5 and 12 acres in size, through the
Only one additional split is available through the
FOUND
3 - r 13NETER TREES
SPIKE M SOUTH SDE Cf. EAST TINE
FOUND
1' DIAMETER TREE
SPIKE N NORTH �"^r
/6 REBM AND ALUMINUM CAP
SET AT F124CE CORNER
MARKED 13 6I26 R.KI •-42.6
11E 10 1/4 CdeE11 13 N. 411I76'26' W. 42.53'
cS
COSMIC
NTH CEDAR Pps15
13-11
\ \roue Lwe t9
11100.131-1014 Ls weir
IIeT UT SEAM al 1.40001 rwr0
If ASSN ew1eON 6161
DETAIL OF 1/4 CORNER
N
SCALE 1 w 200'
UMW
• INMATES FOUND PROPERTY CORSE! LS 16397
• INDICATES FOUND GRAS CAP a 10671
• 61 KATE$ seamen corms err (LS 6M6)
• INMATES MAID ILLY. MCAS CAP
- - .. — INDICATES CE31TE1aINE OF IRRIGATION 13104
-- INDICATES II4ODED TELEPHONE CAME AND POLES
t.LQIL _
1. The bearings shown h. -an ore bowed m a bearing of N. 0C'00'351 E.
for the line between Section 31, T. 5 S., R. 92 W., of the 6th P.M.
and Section 36, T. 5 S., R. 93 W., of the 6th P.M. between the Brass
Cap Monuments os hereon shown.
The pare -Is os hereon shown are based In part on a survey, o
map, and legal descriptions, not of public record, by Timothy R. Callahan,
_ S. 16397, dated November 7, 1980.
3. The centerline of an electrical easement for Parcel No. 3, 10 feet in
width. runs from the powerpole indicated hereon, N.04'36'08'E., 167.22
feet to the southerly boundary of Parcel 3.
4 Access to each parcel is directly from Cdorodo State Highway 13. The location
of the access to Parcel 1 has not been determined. The location of the access
to Parcel 2 is the existing driveway. The access to Parcel 3 aril be provided
by a new 12 foot driveway at the north and of the frontage of said parcel
on Highway 13. Construction of said new driveway must be completed by
March 31. 1995.
5. Soi conditions on Me site may require engineered septic systems. At the
;;,,.e of bonding permit submittal, a site-specfk percolation test shall
required
6. USFS W6dfke Prevention Guidelines dei be followed for all structures.
7. There was no final title policy available for this survey, so there moy
be easements or rights-of-way of record other that what Is shown on this
plat. This plat is based on Tlti• Commitment No. 94023278 prepared by
Stewort Title of Glenwood Springs, Inc., effective September 29, 1994.
for Parch 3 only. The porcels hereon shown ore subject to the following
easements as found in the Garfield County Records.
a Book 91, Page 131; Reception No. 48151
b Book 147, Page 46; Reception No. 88983
c Book 243, Poge 531; Reception No. 189004
The sped6c location of ;hese easement. 1. not defined.
8. Ownership of minerol rights Is subject to Book 306, Poge 244; Reception
No. 200230 of the Garfield County Records.
E -w F SEC 36'1
FINAL EXE
GEORGE McC
SW1/4 SECTION 31, T.
SE1/4 SECTION 36, T.
GARFIELD CO
1/4 Come
r111ec
S 38/31
P.O.D. PARCEL 1
N 6954'41' E 6211 74'
N)
0
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0
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P rim
b
N 69'44'44' E 422.79'
E -w f SEC 31
PARCEL 1
36.306 Ac.
N 63'3006" E
123.
342.23'
H 6970'00' E
PARCEL 3 1
2.759 Ac.
5 89'2000" w
329.96'
,r
'vow w
447.70'
S 995043 w
3'
PARIEL 2
10.84 Ac.
SOUTH LINE
SEC 36
Ca. s
SE Car. See 3
SW G. lSee 31
P.0.9. PARCEL 2
UNE
DIRE(
L-1 S 25'4
L-2 S 05'3.
L-3 N 01.31
L-4 N 04'34 '
CURVE T RADIUS I LEII(,TH I TANGENT
C-1 2342.001 336:36 168.47
C-2 2342.71 313 75' 157.11'
C-3 2342.6(` 22.61— 11.31'
SOUTH LINE
- SEC. 31
ISTANCE
109.17'
140.19'
32.17'
167.22'
CHORD I BEARII+ . j DELTA
336.071 N 04'08 f 2 F 0813'44
313.51 N 04'2 28' E 07'40'321
22.81' N 00'1 F' 3h' F 00'3 111
PLAT
EMPTION
Z. 92 W., 6TH P.M.
t. 93 W., 6TH P.M.
:OLORADO
1101 PARCa 1
on of land 1)ng In the 5E1/4 of Section 36, T. 5 S., R. 93 W., 6th P.M.,
the SWI/4 of Section 31. 1 5 5.. R. 92 W.. 6m P.M., Garfield County.
do, and being more particularly desrabed 0e M1o.c
ginning at the East 1/4 of Section 36. T. 5 S., R. 93 W., 691 P.Y;
once N. 6954'41' E, for a distance of 620.74 feet;
Since S 45826' W.. for a distance of 1789.93 feet;
once Wel, for a distance of 425.06 feet;
ono S. 89'30'00' W. for a distance o1 123.00 feet
once S. 89'20'00' W., for a distance of 342.23 let to a pont an the
let■ y right -of -my line of Colorado State Highway No. 13;
once N. 002'00' E., for a distance of 1446.10 feet dap the easterly
rd -of -Way IM of sold 4/190007 No. 13;
once N. 89'44'44' E., fa a distance of 422.79 Net. to 9 pont m the
est Ins al said Section 31;
en^e 000'35' E.. far a distance of 337.40 Not long safe .et
felon Ilan of said Section 31, to the Pont of Beginning
Id Parcel 1 contains 36.306 acres, more or les.
11X1 4494.4' 2
el of load lyng In lel '41,4 al Section 36. T. 5 S., R. 93 W. 69, PAL,
M. Swl/4 of Section 31, T. 5 5., N. 92 W., 6th P.M., Garfield County.
1o, end Deng more Porthslar'y defc9Ded os foo.51
Oiling at the Swlheaet 'rrno. 0901 Section 38, T. 5 S.. R. 93 111, 6th
o nce N. 000'35' E.. Iry a die• : • '' 341.00 feet lona the oast lbw
sold Seclkm 36;
n.. S. 8951'4.." , ' e 4 447.70 Tet. to o point an the
litany right -of -.n, ^/ ', r. ., 1101 MWw•y No. 13;
enc. along tn. easterly rig. 1 107 M o1 said Ill.h..7 No. 11 eel e
n ue to the left fora seta... of 313.'6 Nat send WNW fun a rain el
142.00 0t and a central env.. ^I /'4132'. The Merit of oak own,
ars 0. 425'25' E., ler n s.lon :..1 113.51 Mt
once N. 6927'00' E.. I,, o astern. of 329..46 fait;
nce 5. 1'30'5)' w„ for a distance of 32.17 feet
ince Erse., for a distance -' 247.43 let
rice N. 5'32'58' W., for o 411400e of 140.19 het
ince N. 25'48'28• W., for o distance of 109.17 Mt
ince East, for a distance of 380.06 Net
nee S. 456'26' W., fora &stance of 864.32 fest, to a pant an 144
Oh lino of said Section 34:
nee S. 89'53'26' W., fora distance of 392.60 Nat akin the smith M
said Section 31 to the Panl ./ Beginning.
d Parcel 2 contains 10.645 ase, mon or leen.
Eit PARCEL 2
d of land lane n the SE1/4 of Seiko 36, T. 5 S.. R. 93 W., 6th I.Y.,
the SW1/4 :4 Sactkn 31, T. 5 S., R. 92 W., 6th P.Y., aeMk Com*
0,
and Seng more portkWear masted es foams
pinning at pont on Ne eeterl3 rlytt-el-0y Me of Edema
hely No. 13, .hence IM Southeast Canner of maid Section le bows
2617'15' E., for a distance of 955.13 Mt and tel Est Q.rauertar
cm of said 5.ctkn 36 boars N. 1320'07' E, for o iota.. of 11136.110
from N. 5920'0C' E, for a debate* of 342.23 feet
nos N. 89'30'00' E., far o delano0 of 123.00 feet.
nos East. fora *glance of 45.00 het
etas 5. 25'46'25' E., for a distance of 109.77 feet
saws 5. 5'32'5r E.. far a aflame of 140.11 fen
nos fret for a 9.40.00 of 242.43 Net
me N. I'30'57' E. for a distance of 32." foot
9ce 5. 9920'00' W., for 0 sst.ce of 329.96 Not. is a pont an 144
May right -of -my Ins of said Highway N. 13;
mom along tel eetedy rlgltt-of-way 49e of sold Htgh.oy No. 13, along a
w le M left, far a distance of 22.61 Mt. Sold cr.. hoe a radius of
0.00 Mt and 0 central angle of 073'11'. The chord of sold corm
n N. 016'36' E.. 22.61 fest
fie ekes Bre easterly right-of-.oy me of mold Highway No. 13,
292'00' E.. far a *tom. of 181.63 fest.
( Plca 3 contains 2.759 acres, mon or lose.
SCALE : 1' . 2000'
VICINITY MAP
COUNTY SURVEYORS CERTIFICATE
Approved for content and form only and not the curacy of
or drafting. Pursuant to C.R.S. 1973. 38-51-101 d 102(
By. Ci
fofn y Sunuyl
Date•. Z1 rirli
EXEMPTION CERTIFICATE
This plat approved by resolution of thy, Dowd of County Commissions et Orfisld
County, Colorado this 9 day ofNett" be4 A.O. 19114. bi Meg ample,
with tel Clerk and Recorder of Garfield Canty. such approval In rie
that the information shown herein is true and acerata bed doss 61d oole that this
Piot Is exempt from and not subject to regulation under GNAW alr)11Subdivision
R.gulatons at the tins of its Wing
Witness my hand and sed County off Garfield
Attest ,1A41,,,;!: 1. 1.,t_
ctERi( AND RECORDER'S CER TIFICAT!
This plot was fled for record M the Office of the Clerk and Meerd.. 1 Oer414
County at V7/0 the MY �e+e`' L=
A.D. 1994, and Is duly recorded 9] Book
Reception No. 4170177
Psed /01�
f
Attest 44.14.., x"444
Clerk wd Vicine w
SURVEYOR'S CERTIFICATE
I, Herbert A. Ritsolard. do hereby certify that I em a Registered Land
Surveyor licensed under the laws of the State of Coloreds. Med this pelt w e
true, correct and complete plat of the GEORGE McONWE °EMM0N els lid out. platted.
*ideated and shown hereon, that such plot wee meds bon in em rrete sunny of
said property by me and under my s perdslon and OMfeddy share Me location
Old dimensions of the Tots. easements and streets of aha aidatden sae the
Sans ars *Wird upon the ground N compliance WM .,,I'4 ewpsletiwhe
governing the subdivision of land
bl 117iffESS MRIEREOF I hove set my hand anWe soli e �ii (fi_. � of
�.�jr A.D. 1994.
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