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HomeMy WebLinkAbout1.0 ApplicationSection2.02.0I(d)and3.02.0Itheunder'ign"a,/%f/Ffrfcl,t/ respectfully petitioners the Board of County Commissioners of Garfield Cougty, Colorado, to exempt by,resolu- tion the division ,r--35&"{t#t^nd into / tracts of ' approximatelyJ- 3-3 - 24 acres each, more or less, from the difinitions of \-! - 4.( 1t"_ 4/ e OFBE FORE Pursuant to C.R.S. (.l973) the Subdivision Regulations of ,?'/ THE BOARD OF,COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Secti on Garfi el d 30-28-l0I (10) (a) County, Colorado, - (d) as a dop ted anrended, and I January 2, 1979 "subdivision" and "subdivided (I973) Section 30-28-.l01 (a) - for the reasons stated below: land" as the terns are used and defined in C.R.S. (d) and the Garfield County Subdivision Regulations, &ar< A.___4-. In support of this petition, the petitioner also submits the following: Z-(a) Map drawn to scale showing proposed 'lot subdivision and accessL-(b\ Copy of deed 4c) vicinity },tap(d) State on source of domestic water(") Statenent on method of sewage dis(f) 100 year floodnlain information w tql Statenent-on method of sewagg disposal a-rezz(f) 100 year floodnlain information where ' lfve stream crosses or adjoins said tract(g) Fee in the amount of $(h) EVidence of the soil til Submitted at Glenwood Springs, Colorado, this Snna ,19r/ EXEMPT I ON NAME: ,PURPOSE OF EXEMPTION: rr zONING, A 'r</RD-----7------7- LOCATION OF SITE: DIV. OF SEl'lER: WATER RESOURCES RES PONSE : QUAL I FI CATI ON 35 CHECK LIST: . X__rrr PAID (g5o +l ,oo/acre X t4AP showing proposed 'lots : ICINITY MP N loo yr floodplain info. X SOIL MAP for each parcel created and access under 35 acres ) NrA IF community water, letter of approval from governing body coMMENrs: S/a/tt app"*vD- )n *&^"W I rt--- f _zYs(J,( -,;-l\I /^1 -.'' -,?r.-*t;?.[:> -r-r{( -- i-- 'i""t, ^. U,,l, .'i._ r'. ,. t) (\. \/n\sU Lnd i\ \ I ,,\' ."J \a\/.. ,Il *.'- !*.2./ r--71 \ *-,iiA\\, s---- Fro'anaNoe a a=o=__*=-._X.:-,:-Z/, -ii*\-h ,la'('\'...r_$ _\il ll .. ) ' .-'\s v;; ".1,1,(d1 \: ,'i(' -----')?..2 i^tli) \ ('r \ t ),.r:-,,/ir6 " irj{i i, "' 0., o, Jrr'},, i (0 o)lo 00 lArto d)c)laaC, G,o\ tuo 56U'O o 45 88Etianz6aIJJ a.to\.8 aOG= uq6tefr\ 9,E =(oJX a88c, \d Legal Description March 23, 1981 Garfield County, Colorado Parcel 1 A parcel of land situate in the NEkNEkSWk of Section 5, Township 6 South, Range 92 'V)o.I" nlc Pl-ert J @r '' and the NWkNWkSwk West of the 6th I.ying southerlyPrinci-pal Meridian; said parcel of land of the southerly right-of-way of County more pa::ticularly described as follows: Road #2L6 and being Beginning at the corner common to Sections 516,'7,and 8 of said Township and Range, thence N45o51r37"E 2850.73 feet to the Srue Point of Beginning, with all bearings contained herein being relative to a bearing of N00o43'00"W on the West l.ind 6f .;said Section 5; thence along an existing fence N42o38 ' 00"8 260.00 feet; thence N89o 44t 24"8 501.07 feet; thence S21o25t48uW 197.03 feet; thence along an existing fence N89"54'44"I{ 277 .70 feet; thence 588o 09'02uW 327 -65 feet along said fence to the True Point of Beginning. Said parcel of land contains 2.33 acres more or less. There is reserved an easement for ingress and egress purposes, a 25 foot strip of land lying along and riorthwesterly of the Southeasterl-y boundary . zlU o-Z =uJ o lrjz14G1HEz o:t9s UJ oo Eoo ut This is to certify thatof a monumented boundary supervision and is true knowledge and belief. the above description is the result survey conducted by me or under mY and c t to the best of my Eldorado 14060 Engineering Co\\ (o o)t,c) u5rfIfi,c,@c,Eo\' tuo 5Eoo o 45 88c.H8U'Z6auJ o-&(n\.8 utoE= 2E6eG\. Lega1 Description March 23, 1981 Garfield County, Colorado Parce1 2 A parcel of land situate in the NEkNEkSWL and the NWkNwkSv{k of Section 5, Township 6 South, Range 92 West of the 5t,h Frincipal Meridian; said parcel of land lying southerly of the southerly right-of-way ,line of County Road #2L6 and being more particularly described as follows: Beginning at the corner coflrmon to Sections 51617 and 8 of said township and Range, thence N45o5I'37uE 2850.73 feet, thence along an existing fence N42c38'00"8 260.00 feet to the True Point of Beginning, with all bearings containedherein being relative to a bearing of N00o43'00uW on the West line of said Section 5i thence continuilng along saidexisting fence N42o38 r 00"E 285.00 feet; thence N88o34 r 14"E 457 .66 feet; thence S34o20 ' 17"W 265.01 feet; thence S89o44'24"W 501.07 feet to the True Point, of Beginning. Said parcel of land contains 2.33 acres more of less. There is reserved an easement for ingress and egress purposes, a 25 foot strip of Land lyinq along and northwesterly of the Southeasterly boundary. fhis is to certify that the above description is the resulL of a monumented boundary survey conducted by me supervision and is true and corry:ct to the best knowledge and belielf . EIdora 9,E =(oJX as8c, \ tt: ZUJ o-Z =ut8? g, IJJ2!zG{H6zcr 9$ UJ oo Goo ul rscnauer Engineering { tlo00 tA $(r,c,an all Eo\ TIJ C' 5EU'O o 88 Eglnz6auJoElh\R tndG=lUz226efr\ zuJ (|.Z =uJ8? o IJJ =ai H6z c.t9s uJ oo GoI UJ 2B JXi88o \d Legal Description March 23, 198IGarfield County, Colorado Parcel 3 A parceJ. of land in the NEkNEkSI^Ik and the NWkNI{kSWkof Section 5, Township 6 South, Range 92 West of the6th Principal Merid;i.an; said parcel of land lying southerlyof the southerly right-of-way line of County Road #216and being more particularly described as follows: Beginning at the corner common to Sections 5,6,7rand 8of said Township and Range thence N45o51'37"E 2850.73feet; thence along an existing fence N42o38!00"8 545.00feet to the True Point of Begi-nning, wJ-th all bearingscontained herein being relative to a bearing of N00o43'00"Won the t{est line of sai-d Section 5; thence continuingalong said fence N42o38'00"E 298.60 feet; thenceN10o11r05"t{ 7.51 feet to a point on the southerly right-of-way line of County Road #216; thence along saidsoutherly right-of -way N89o 26132'tE 406.69 feet; thenceleaving said County Road right-of -way S34"20 ' 17,'W 2G6.OOfeet; thence S8Bo34 r14"i1i 457 .66 feet to the True point of Beginning. Said parcel of land contains 2.16 dcres more or less. There is reserved an easement for ingress and egresspurposes, a 25 foot strip of land lying along and north-westerly of the Southeasterly boundary. This is to certify thatof a monumented boundary supervis$on and is true knowledge and belief. the above description is lhe resultsurvey conducted by me or under my and correct to the best of my rschduer L. Engineering F CO\ irrrrrrrr 2,0t4. z,blq. t 4,tO- , t i Ib1o*hz i: $gq'?Jo'?z"E wgqt z.'lzt,i $6.6qtA lo'rt 'btrzt W tht Q-Wir l?"%i1'o?-aL t?-812.+8f1 "\) \ 7qre q;'\ lilt ltn'L /s dkDli tLtt19.'lq1tt23zz.fro+ -q I I I r! I ! I Ii'l i I I I I I I I I i 41.toSoryoq'q?,,377'&',Nf?,e/1 ',---1t l-* L b 1377 briLr,,1;03 PACI 933 J So-Reception llo..".f 43.6S...d^v)'nu"o'.a""' rnl i;{j'tr*'- II s Diuo, Made this I sf day of Decembeg * 77 HARVEY BERT ANTONELLI, also known asbetween HARVEY B. ANTONELLI, also known as HARVEY ANTONELLT and EDWIN ANTONELLI County of Garfield and State of Colorado, lr*in" ,r"r, part, and LESLIE 9; MiPHERSON, 6448 Cty. rd. 233, silt, of the County of Garfield and State of Colorado, of the second part: WITNESSETE, That the said part of the first part, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Considerations uUlPQa$ to the said part ieS of the first part in hand paid by said part y of the gecond part, the receipt whereof is hereby confessed and acknowledged, ha Ve granted, bargaincd, sold and conveyed, and by these presents do granl bargain, sell, convey and confim, unto the said party of the second part, hiS heirs and assigns for' ever, all the following described lot S or parcel S of land, situa'"e, lying and being in the County of Garfield and State of Colorado, to wit: An undivided two-thirds (2/3) interest in and to all that real property described on Exhibit A attached hereto and made a part hereof by this reference. ai mdoowxreotreet)sdxDometx TOGETHER p'ith all a.nd sing:ular the hereditaments and appurtenances thereto belonging, or in anyvise sppertaini3g, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estater. right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above baigained premises, witb t.he hereditaments and appurtenances. TO EAYE AND TO EOI,D the said premises above bargained and described with the appurtenances, unto the said part ! of the^p-ecgpd part, his heirs ard assigns forever. And the said part ies of the first part, for them ."I vgs,thflI"r, "*u"otors, and adrninistrators, do covenant, gtant, bargain, and agree to and with the said party of the second part, hiS heirs and assigrts, that at the time of the ensealing and deliverT of these presents, theV afg well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of infieritance, in law, in fee sinple, and ha V€ 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 folrrer and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or naturesoever, except for reservations contained in the United States patents, easements and rights-of-way of a public or private nature and taxes for 1977 due ln 1978, and the above bargained premises in the quiet and peaceable possession of the said part y of the second part, his heirs a,nd assigns against all and everyperson or persons lawfully qlqimirrg or to claim the whole or any part thereof, the said part ieS of the first part shall and will WARRANT AND FOBE\rEB DEFEND. IN WITNESS WHEREOF, ttre said, part ies of tbe first pari hd/€ hereunto set th€if hand S a,nd seal s the day and year first above written STATE OF COLORADO, /sa B. Antonelli, day of December, a/klal Harvey my harrd and official seal. ?No. 33L fAfnANfiY DBD-Pcr PbtorrphL B...td.-t!rdlocd PbblLUhr Ca. r82,3-{a Sbar Strrr+ D.dr.r, Colondo -1()'?6 rt,A5CIJ- pAcE gg4 Exhibit A to Warranty Deed Dated December J , lsll From Harvey Bert Antonelli a/k/a Harvey B. Antonelll alk/a Harvey Antonetli and Edwin Antonelli to Leslie D. McPherson A parcel of tand situated In the wlN\/+sE+, NEiNwtsE*, wlsw+sEi, EiNE*Slv+, Sf'*SWi, S\riNEiSW[, and the NEiSWtSWi all in Section 5, Township 6 South' Range 92 West of the i;i*tfr Principal lVlerldian, County of Garfield, State of colorado, said parcel of land is described as follows: Beginning at a point whence an iron post with a brass cap found in place and properly marked for the Southwest Corner of sald Section 5 bears: S.29o22t45'r !V. I459'53 fee$ thence N. 89034r00rt E. 587'07 feet; thence N. 44"34t00r' E. 942.96 feet; thence N. 59"31r00u E. 81'20 feet; thence N. 42"38t00tr E. 843.60 feeq thence N. 100llr05r w. 7.51 feetto a pointon the southerly right-of-way fence of the CountY Road No' 216; thence N. 89"26r32tt E. 950:49 feet atong said right-of-way fence; thence s. l9036t5ltt w. 677.33 feet, more or less to a polnt on the southerly line of said trtEtNW*SE*; thence S. g9o44r35t, !y . 52.00 feet to the southwest Corner of said NEtNWtSEi; thence S. 00"41r45, E. atong the Easterly line of the wlyJ*SE+ of said section 5, 867.r1:2 feet to a point on a fence as constructed and in'place; thence atong said fence S. 37"l4tl8rr rtt . 22'46 feeu thence 5. 41'38'30tt lV. 34.19 feet; thence S. 62o37r43tt !T. 88.91 feet; thence s. 23"57t40!r w. 38.69 feet; thence S. 29o07t06rr W. 95.77 feet; thence s. 29o48tl8tt w. 83.79 feeu thence.s. 43046t23tt E- t14.28 feet; thence S. 27o53t36tt W. t8l .47 feeU thences. 6tlolgrlSrr w- 91-23 feet; thence S. 17o29'Z4tt !y . 729.70 fee[ ;;;;; i. os"ss't4'' w. 55-78 feeu thence S. 78o14r57tr W. 255.21 feeu thence N. 00042'00tr E. 200.56 feet to a point in the cactus valley Ditch; ' thence along said cactus Valtey Ditch N. 87"49141tr w' 351'27 feet; thence N. 74"48r00rr !v. 376-49 feeu thence N. 57"56'00rr W. 157.74 feeU thence N. 77"34'OOrt W. 378'49 feet; thence S. 8.1o22'00rr W. 183'64 feet; thence s. 85031r00rt w - 524,82 feet; thence leaving said ditch N ' 89"54100tt W'' thence S. 80"49'00rt W. 20'00 feeU thence s. 78o40tl5tt w. 44.36 feet, more or less to a point on the $/esterly llne of said NEtSWtSWi; thence f.fl'OO;rr2;45t' W. along the lVesterty lina of said NE+SW+SIi'+' 141'67 feet' more or less to a point in a fence as constructed and in place; 18"45t40rr E. 209-69 feet along said fencet 00o57r33tt E. 165.27 feet, more or less to the point of beginning' Excepting those parts of the above-descr.ibed property previously conveyed to tf," drurli.e hereln by the Grantor herein by Deed appearing in Book 486 at Page 431, Document No. 273343 of the carfield county records thence N. thence N. i, Ilec.oriiiri; ,.r .,{-:-2.7.-,.--,.o' {','\,r::'.i....8---. l.1. .-!i-: :...-i:.,-," .-. - ouur,503 rncE gG I- Rec,::i,;:cc jir.-" "*&9i365.* iit tri 3ti--p1i,rr.s. F.,.r3crder i-.i i''iiiili ir:i tr "tq77 t !, rvr 'PERSONAL REPRESENTATIVE'S DEED , ,J- t Ex*"*' THIS DEED is made this .- / *-tIay of December, 1977, by Alene R. Antonelli as Personal Representative of the Estate of ALFRED OTTO ANTONELLT also known as ALFRED O. ANTONELLI also known as ALFRED ANTONELLT, Deceased, Grantor, to LESLTE D. McPHERSON, Grantee whose address is Silt, Colorado. WHEREAS, the sald Alfred Otto Antonelli also known as Alfred O. Antonelli atso known as Alfred Antonelti died intestate ln Garfield County, Colorado, on June 13, 1975; and WHEREAS, Grantor was duly appointed Personal Representatlve of sald Estate by the District Court in and for the County of Garfield, and State of Colorado, Probate No. 11-445, onJune 26, 1975; and ls now quatified and actlng in sald capacity; NOW, THEREFORE, pursuant to the power conferred upon. Grantor by the Colorado Probate Code and the Order of sald Court entered Novernber 18, 1977, Grantor sells and conveys to Grantee the following real property ln Garfleld County, Cotorado. with all patents, for 7977 An undivided one-third (1/31 interest in and to all real property described on Exhibit A attached hereto and made a part hereof by this reference appurtenances, subject to reservatlons contalned in the'United States easements and rights-of-way of a publii or private nature and taxes due in 1978 and all subsequent taxes ss. of ALFRED OTTO ANTONELLI alkla ALFRED O. ANTONELLI ailkla ALFRED ANTONELLI, Deceased. lul lq g/ Notary Public ;ij lol4t9Ir ffil{' T,*- iirtr,',5ijS pACE gga Ex,..-rit A to Personal Representative!:- -re€d Dated December l 1977 fromAtene R. Antoneili to Leslie D. fulcPherson A parcel of land situated ln the W*NW|SE+, NE*NW+SE+, W+SW+SE+, E*NE+SW+, SE*SW*, SW*NE+SI'Vi, and the NETSW+SIV+ all in Section 5, Township 6 South, Range 92 West of the Sixth. Pr.incipal Merldian, County of Carfleld, State of Colorado, said parcel of land is described as follows Beginning at a point whence an iron post with a brass cap found in place' and properly marked for the Southwest Corner of sald Section 5 bears: s.29022t45tt !V. 1469.63 feet; thence N. 89o34t00tr E. 587.07 feeq thence N. 44o34'00rt E . g42.96 feet; thence N. 69031t00rt E. 8I.20 feet; thence N. 42o38t00[ E. 843.60 feet; thence N. l0"llr05rr W. 7.51 feet to a point on the Southerly rlght-of-way fence of the County Road No. 216; thence N. 89026132rr E. 950.49 feet along said right-of-way fence; thence S. 19036151[ W. 677.33 feet, more or less to a polnt on the Southerly line of said NE*NW*SEt; thence S. 89o44'3srt W. 52.00 feetto the southwest Corner of said NE}NW}SEi; thence S. 00"41r45rr E. along the Easterly line of the WIW*SEfi of said Section 5, 857.42 feet to a point on a fence as constructed and ln place; thence along said fence S. 37o14!18'r W. 22.46 feet; thence S. 41"38r30rr W. 34.19 feeU thence S. 52o37'43tr VV. 88.91 fee$ thence S. 29o07r06[ W. 95.77 feefi thence s. 29o48t18rt W. 83.79 feeu thence s. 43"46t23t' E. 44.28 feet; thence S. 27053136rr W. 181.47 feeg thence s. 640l9rl8rt w. 91.23 feet; thence.S . 77oZgt24tt W. i29.70 feet; thence S. 05o53rl4rt W. 55.78 feet;' thence 5. 78"14'57tf W. 255.21 fee| thence N. 00o42'00rt E. 200.56 feet'to a potnt in the Cactus Valley Ditch; thence along said Cactus Valley Ditch N. 87"49'41r' t'/. 351.27 feet; thence N. 74o48r00rr W. 376.49 feet; thence N. 57o56r00rt W. 157.74 feeg thence N. 77o34'00rt W. 378.49 feeU thence S. 8to22r00[ W. 183.64 feet; thence s. 85031r00rr w. 524.82 feet; thence teaving said ditch N. B9o54t00rt W.. 11.48 fee$ thence'S. 80o49r00rr !11. 20.00 feet; thenceS. 78"40t15rr ll/. 44.36 feet, more or less to a pointon.the D/esterly llne of saicl NEtSWtSW*; thence N. 00o42'45" W. along the lVesterly line of said NE+SW+SW+, 141.67 feet, more or less to a point in a fence as constructed and in place; thence N. 18o45r40r1 E. 209.69 feet along said fence; thence N. 00o57r33rt E. 165.27 feel, more or tess to the pointof beglnning. Excepting those parts of the above*described property previously conveyed to the Crantee herein by the Crantor hereln by Personal Representativers Deed appearing in Book 486 at Page 433, Document No. 273344 of the Garfield County records. '* =.:*-a: Receptio* N".......1'.. ....&368 FILING STAMP Trrrs DrrD, Made this I Et day of December ts77 ,between LESLIE D. McPHERSON of the County of Garfield and State of 58 ". *... Colorado, of the first part, and JEANNE L. MCPHERSON rvhoselegala{dressis 6448 County Road 233, Silt, of the County of Garfield and State of Colorado, of the second part: \YITNESSETH, That the said party of the first part, for and in consideration of the sunr of Ten Dollars and Other Good and Vatuable Considerations BflDo6N' to the said party of the first part in hand paid by the said party of the second patt, the receipt whereof is hereby confessed and acknorvledged, 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, his heirs and assigns forever, 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: All that real property described on Exhibit |tArr made a part hereof by this reference. attached hereto and )00r lahxt( r(sceet xftxxl(xx TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the leversion and reversions, renrainder and remaindets, rents, issues and profits thereof; and all the estate, right, title, interest, clainr an<I demand whatsoever of the said party of the first part, either in law or equity, of, !n and to th.e above bargained premises, rvith the hereditaments and appurtenances. TO HAYS AND TO HOLD the said premises above bargained and described, with thc appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and rvith the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is s'ell scized of the plemises above conveyed. as of good, sure, perfect, absolute and indeieasible estate of inheritance, in larv, in lee simple, and has good right, full'liorver and Iarvful authority to grant, bargain, sell and convey the sanre 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 rvhatever kind or nature soel'er. except, the lien of a deed of trust dated June 28, 1976 appearing ln Book 486 at Page 437 of the Garfield County records and a lien of a deed of trust dated Dec. lsf , 1977 appearing ln Book r2ci al Page?35of the Garfleld County records and taxes for 7977 due in 1978, all of which grantee assumes and agrees to PAY, and the above bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and hssigns against all and every person or persons larvfully claiming or to claim the rvholc or an)' part theieof, the said party of the first part shall and will WARRANT AND FOBEVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of ariy gender shall be applieable to all genders. II{ WI'I'NESS 1YHEREOF, the said party of the first part has hereunto set his hanil and seal the day and year first above written, ................:.....................................,.......-.........................ISEAL] STATE OF COLORADO Countyof Garfield The foregoing instrument rvas acknorvledged before mc this t S7-day of December. D. McPherson IQ, l., { =-_ ; prANflrPs i .EXHIB,I ogF[ _____ qt"t{bO\}ii.d'i*r,r. -For Photosraphic Record.-Bradford Publishinc co., t834-t6 stout stret, I)envcr, colora(l o -iL:77 u,tur,:03 PALE 940 Exhibit A - Warranry Deed Leslie D. f$cPherson to Jear,rre L. McPherson dated December I , 1977, Atl of the foltowing described real property tocated in Garfleld County, Colorado, in Section 5, Township 6 South, Range 92 West of the 5th Principal Meridlan: The NE*SW*NE+, except the West 132 feet thereof; the SE*SW*NE+, except 66 feet North and South by 132 feet East and West out of the Northwest corner thereof; the SWISW*NE+, except the North 66 feet and West l0 feet thereof. The North 1.S6 3/4 acres of the SEt and the South 3.13 t/4th acres of the NEt of Lot 2 of said Section 5. Tract No. l4 according to the Ptat of the Antters Orchard Devetopment Company being in the SEt of Lot 2 of said Section 5. Tract Number Three (3) in Lot Number Two (2) of said Sectlon 5, as shown by Plat of the Antlers Orchard Development Company filed for record with the County Clerk and Recorder of Garfield County, Colorado. The said land may be other- wise described as the North Ten (10) acres of the East one-half (E*) of sald Lot Number Two (2), in sald Sectlon 5. A parcel of land situated in the W*NW*SE+, NEtNWtSEt, W*SW*SE*, E*NE*SW*, SE*SW+, SW+NE+SW*, and the NE+SWtSWt all ln said Section 5, said parcel of land is described as follows: Beginning at a point whence an lron post wlth a brass cap found ln place and properly marked for the Southwest Corner of said Sectlon 5 bears: 5.29o22t45r' W. 1469.63 feeU thence N. 89o34!00rt E. 587.07 feet; thence N. 44o34'00tr E. 942.96 feeU thence N. 69"31'00r! E. 81 .20 feeU thence N. 42o38r00r! E. 843.60 feeU thence N. l0oll'05tr W. 7.51 feet to a point on the Southerty right-of-way fence of the County Road No. 216; thence'N. 89026132rr E. 950.49 feet along said right-of-way fence; thence S. 19o36t51tr W. 677.33 feet, more or tess to a polnt on the Southerly' line of said NEtNWfSEt; thence S . 89044!35n W . 52 .00 feet to the southwest Corner of sald NEtNWtSEt; thence S. 00"41'45!r E. along the Easterly tlne of the W*W*SE{ of said Sectlon 5, 867.42 feet to a point on a fence as constructed and ln place; thence along said fence S. 37o14118rr W , 22.46 feet; thence S. 41o38'30rr W. 34.19 feet; thence S. 62037r43rt W. 88.91 feet; thence S. 23057t40tt W. 38.69 feet; thence S. 29"07'06rr W. 95.77 feet; thence S. 29o48t l Srr W. 83. 79 feeu thence 5. 43o46'23rr E. 44.28 feet; thence S. 27o53t36rt W. 181.47 feeU thence S . 640 l9t l Str W. 9l .23 feeU thence S, 77o29t?qtt W. 129.70 feet; thence S. 05o53rl4rr W. 55.78 fee$ thence S. 78ol4157rr W. 255.21 feeU thence N. 00oq2r00r E. 200.56 feet to a polnt in the Cactus Valley Dltch; thence along said Cactus Valley Dltch N. 87"49'41rr W. 351.27 feet; thence N. 74o48r00rr W. 376.49 feeU thence N. 57o56'00rr W. t57.74 feet; thence N. 77"34'00tr W . 378.4g feet; thence s. 81022t00rr w. t83.64 feet; thence S. 8503lr00rr W . 524,82 feet; thence leavlng said ditch N. 89"54r00!r w. 11.48 feeu thence S. 80o49'00rt W. 20.00 feet; thence S. 78o40tl5rr W. 44.36 feet, more or tess to a point on the Westerly llne of said NEiSWtSW*; thence N. 00042'45r' W. along the Westerly line of said NETSW+SW*, tttt.67 feet, more or tess to a point in a fence as constructed and in place; thence N. 18o45r40!r E. 209.69 feet along sald fence; thence N. 00o57t33rr E. 165.27 feer, more or less to the point of beginning. { $ \ r$\ \\, \ rd s. I { I tn .ri Iq * Y-\\ .\\ \4,\.,\ q \a\ .J"i !l0i'\\ \ (.- r.it ) \ ., ,L E- rl Recorded ,.r--.f -t::;::.,"']riy"--f/ -r., ., Reception N".....".,-...'it-S-li-.i-'.. ...... ..,....6 JUL t 1lii6 i,;rr4'35 PACr 437 EECORDER'S STA}IP Tnrs lxoatmrrnu, Ivlade this 19 76 ,between Leslie D. 28th day of McPherson J une r.vhose address is Silt, County of Garfield and State of Colorado parties of the firrt part, aBd the Pubtic Trustee of the County of Garfield gecond parU ![itnesseth: THATWHEREAS, the said iu the State o! Colorado, party of the Leslie D. McPherson 54-500.00 each commencinq one year "fili "ti""d"-d ti!"il?,"itfl il-*.'!'i'fi.;"i" f"o.-tU" date thereo! at the rate o1 --7--per ceat per aDnrutr, payable with each installment PaYment. baS executed his one promissory note bearing even date herewith for the principalsumof Sixty-nine Thousand and No/100 DOLLARS )ost6x, payabletotheorderor Harvey B. Antonetli, Edwin Antonelli and Alene R. Antonelli as personat Representative of the Estate of Atfred Otto Antonetti, also known as Alfred 0. Antonelli also known as Alfred Antonelli, as tenants in common, *iloi""aa""isie 5itt, Colorado, payabte in fifteen consecutive annual installments of AND WEEREAS, The said part/ ol the first prrt principal snd ilterest of oaid prouissorT not€in wbose hands goever the said noto or any of theu nay be. NOW TEEREFORE, The said part y of the first part, in consideration of the premises, and for the purpose aforesai{ do hereby grant, bargain, sell and convey unto the said party of the second part, in tnrst forerrer, JUNz? 1980 ."' 'i .."- t.1 ,.1 -" 't -'i ).--. is deeirous of aesurirt the peyuent of the the following described property, situate in the Colorgdo, to wit: North and South the SWTSW*NE[, Tp. 6 S., R. 92 County of Garfield and State of I All of the following described real property located in Garfield County, Colorado, in Section 5, Township 6 South, Range 92 West of the 6th Principal Meridian: That part of the NW+SE+ and of the NE*SW* of Section 5, Tp. 6 S., R. 92 W., 6th P.M., described as commencing in the center of said Section 5, thence East 960 feet to the center of a draw', said center of draw being 301 feet East of the North- east corner of the NW*NW&SEI of said Section 5; thende in a Southwesterty direction along the center of said draw to a point 52 feet East of the Southeast co.rner of the NW+NWISE* of said Section; thence West 1232 feelto the center of Mallory Gulch, said Mallory Gulch being 520 feet West of the Southwest corner of the NW+NW+SEi of said Section 5; thence in a Northeasterly direction to the starting point. The NEiSWtNE+,except the West 132 feet thereof; the SE*SW+NE+, except 66 feet by 132 feet East and West out of the Northwest corner thereof; except the North 66 feet and West 10 feet thereof, all in Section 5, W., of the 6th P.M. The North 1.86 3/4 acres of the SEi and the South 3.13 1/4th acres of the NEt of Lot 2 of Section 5, Tp. 5 S., R. 92 W., of the 6th P.M. -l-ract No; l4 according to the Plat of the Antters Orchard Devetopment Company being in the SEt of Lot 2, Section 5, Tp. 6 S., R. 92 W., 6th P.M.; the SWtNWfSEf being Tract No. 45 according to the Plat of the Antlers Orchard Development Company in Section 5, Tp. 6 S,, R. 92 W., 6th P.M. NO 840A. DEBD Ol IBUST-Prbtlc Trortar.-BcolTctt Chl*Frlttonc/r Pa -Bradford Publisbing Co., 1824-46 Stout stret, Denver, Colorado --9-?4 3.e,-o.d.,d -,' f,/.:/ .r,."io"l {, . ,r. ......J-U,L l lgjs -. -.:, Recel;i:c:r tio.---..--E -Lii.iA EIra srephens. RecorrLe^ PERSONAL REPRESENTATIVE'S DEED THIS DEED is made by Alene R. Antonelli as Personal Representative ALFRED O. ANTONELLI tO LESLIE D. MCPHERSON, 'i ttt 4c' PACi 433 JUL r is76 $TAI[ irlixi.ii.ri;i iii of the Estate of ALFRED OTTO ANTONELLI also known as atso known as ALFRED ANTONELLI, Deceased, Grantor, Grantee whose address is Silt, Colorado. of the Estate of Alfred Otto Antonelli a/k/a Alfred Antonelli, Deceased. '2+ wHEREAS, the said Alfred otto Antonelli also known as Alfred o., to) t#rrB%. f Antonelli atso known as Alfred Antonelli died intestate in Garfield County, Colorado, on June 13, 1975; and .l WHEREAS, Grantor was duly appointed Personal Representative of said Estate by the District Court in and for the County of Garfield, and State of Cotorado, Probate No. l1-445, on June 26, 1975; and is now quatified and acting in said capacity; NOW, THEREFORE, pursuant to the power conferred upon Grantor by Article 12, Section 711 of the Colorado Frobate Code and the Order of'said Court entered February g, 1g76, and for the consideration of Thirty Thousand Dollars, Grantor setls and conveys to Crantee the following real property in Carfield County, Colorado: An undivided one-third (1/3) interest in and to all real property described on Exhibit A attached hereto and made a part hereof by this reference with all appurtenances, subject to reservations contained in the United States patents. easements and rights-of-way of a public or private nature and taxes for 1976 due in 1977 and att subsequent taxes. _n Executed \-* ,,*-,+ d"L, 1s760 \- AJt,*{Odt ^;..l.*"i; of ALFRED OTTO ANTONELLI alkla ALFRED O. ANTONELLI a/kla ALFRED ANTONELLI, Deceased ) ss. couNTY oF GARFIELD ) The foregoing instrument was acknowledged before me this day of Qrt*rt . , 1976, by Alene R. Antonelli, as Personal Representative Witness my hand and official sea My commission exOires.Tf-o,jt ,', Alfred -J rr 80u(4 S5 racr 4-34 All of the following described real pr:operty located in Carfielct County, Cotorado, irr Section 5. Township 6 South, Range 92 West of the 6th Principal lvleridian: Ttrat part of the NWISE* and of the NE*S\i/+ of Section 5, Tp. 6 S., R. 92 U/., 6th P.M., clescribed as commencing in the center of said Section 5, thence East 960 feet to the center of a draw, said center of draw being 301 feet East of the North east corner of the NlVlNl rtSE+ of said Section 5; thence in a Southwesterty direction along the cerrter of said draw to a point 52 feet East of the Southeast corner of the NIV*NW+SE* of said Section; thence West 1232 feet'to the center of lUeiltory Culch, said Mallory Culch being 520 feet trYest of the Southwest corner of the NWitlU/+SEi of said Section 5; thence in a Noi.theasterty clirection to the starting point. The NE*SWiNE+, except the West 132 feet thereof; the SETSW*Nf;, except 66 feet North and South by 132 feet East and West out of the Norihwest corner thereof; the SWiSWiNEi, except tha North 66 feet and West 10 feet thereof, atl in Section 5, Tp. 6 S., R. 92 ytl., of the 6th P.lvl. The North 1. 86 3/4 acres of the SE* and the South 3. I3 l/4th acres.of the NEi of Lot 2 of Section 5, Tp. 6S., R. 92 W., of the 6th P.llI. Tract No. 14 according to the Ptat of the Antters Orchard Davetopment Company being in theSE* of Lot 2, Section 5, Tp. 6S., R. 92 W., 6th P.M.; theSIV+NW+SE* being Tract No. 45 according to the Plat of the Antlers Orchard Development Cornpany in Section 5, Tp. 6 S., R. 92 W., 6th P.M. TractNumberThree (3) in LotNuimberTwo (2), Section 5, -l-p.6S., R. gZW,, of the 6th P.lv1., as shown by Ptat of tha Antlers Orchard Development Company , filed for record with the County Clerk and Recorder of Garfield County, Colorado. The said land may be otherwise described as the North Tern (10) acres of the East one-half (Ei) of said Lot I'lumbarTlvo (2), in Section 5, Tp. 6S., R. 92 IV., 6th P. I\T EXHIBIT A to Personal Representativers Deed dated June 28, 1976 executed by Alene R. Antonetti as Personat Representative of the Estate of Alfred Otto Antonelli , a/k/a Atfred O. Antonelli, a/k/a Alfred Antonelli, Deceased. -,f*.*-.-t: Tms Dnrn, Made this 28th day of June , 1976 betwem HARVEY BERT ANTONELLI, atso known as HARVEy B. ANTONELLI also known as HARVEY ANTONELLI ancJ EDWIN ANTONELLI,'an unmarried man iul 21976 SIATE DCGtji,iii;"iii i.i t aOf v-- l&ery J{. a"* y4. R4 "/ CA.fu;U ....... ( s EAL )Harvev.4lert Antonelli . alkla Harvev 8..-.Anionel.li..alkla.Haivxiy..Antonelle3uaU of the Corurty of Gaffield and State of Colorado, of the first part, and LESLIE D. tuIcPHERSONol the Couaty of Garfietd and State of Colorado, ofthe aecond partl WITNESSETE, firat the said part of the firgt part, for a,nd in consideration of the sum of TEN DOLLABS AND OTHER COOD AND VALUABLE CONSTDERATTON xDffixltx to the said partf es of the first part in hand paid by said p.rt, - ;i the'jecou-A pd*, the reeeipt whereof ie hereby confessed and arlmowldged, have granted, ba,rgained, sold and conveye4 and by these presents do gtant, bargain, aell, coSvey and confim, unto {:he said part ol the second part, beire aod assigts for- ever, ail the following desc.ribed tot or pareel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: An undivicled two-thirds (2/31 interest in and to alt that rea! property described on Exhibit A attached hereto and made a part hereof by this reference. ' TOGETEEB with all aad singrrlar the hereditamentr and 8lr1]urteDanceg thereto belonging, or in anyvise apperteinin& and the teversioa and reversions, remainder and remainders, rents, issues and profits thereof, and sll the estata, right, title, intere! clai"r and demand whatsoerrer of the said part ieS of the first part, eithe.t in law or equity, of, in and to the above bargained premises, with the hereditameats and appurteoaaces. TO EAVE} AND TO EOLD the said premises above bargained and described with the appurtenances, unto the saidpart/ of the*Xecgndpart,their heirsandassignsforever.Andthessidparties of thefirstpart, for them selveS / tt 'EdfN, executors, aud administrators, do covenant, grant, ba,rgain, and ag"ee to and with the said part) ---' of the second parq thei r heirs and assigas, that at the time of the ensealing and delivery .of these presents, they al.e we[ seized of the premises above conveyed, as of good, sure, perfect, absolute and inddeasible eetate of raheritaace, in law, in fee simple, and ha V€ good right, full power and l,awful authority to grant, ba,qgain, sell and convey the same in manner and form as aforesaid, and that the sarne are free aod clear frorr all fomer aud other grants, bargaius, sales, liens, ta:res, assessments and encumbrances of whateyer kind or naturesoever, €xc€pt reservations contained in the United States patents, easements and rights-of-way of a public or private nature and taxes for 1976 due in 1977 and all subsequent taxes and the above ba,rgained premises in the quiet and peaceable possession of the said party of the second part, their heirs and assigns against all and everypenlon or perEoDB lawfully slaimiag or to claim the whole or any part thereof, the said parties of the first part shalt and will WARRANT AND FOREVER DEFEND. INWITNESSWIIEREOF,thesaidparties of tbefirstparthave hereuntoset their bands and seal s the day and yearfirst above written an .......-(sEAL) manSTATE OT'COLOBADO, Gounty of Garfield ]'". Ibe foregoing instrnrment was acknowledged before me this 19 76 ,by Harvey Bert Antonelli, a/k/a Har.vey Edwin Antonelti/ My commission expires: eo.A an unmarried man '/^7 B. No. 932. WAIB ilt? DBE+Fot PlotorrrpUc Eecor{.-Bradload PEblLbllr. Co', 1821-l! Stout Strxt, Dovcr, Cotorrdo -t?-?{ vt vi 8uux4$.6 racr43i : All of the fotlowing ddscribed reat property tocated in Carfietd County, Cotorado, in Section 5,'Township 6 South, Range g2 West of the 6th Principal lvleridian: Thatpart of the NWtsEi and of the NE+slv+ of section 5, Tp. 6 s., R. 92 w., 6th P.M., describecl as commencing in the center of said Section 5, thence.East 960 feet to the center of a clraw, said center of draw being 301 feet East of the North- eastcorner of the NW*NI^/+SE* of said Section 5; thence in a Southlvesterty direction along the center of said draw to a point 52 feet East of the Southeast corner of the NWiNWiSEi of said Section; thence West 1232 feet to the center of iVlaltory Gulch, saicl Mallory Gulch being 520 feet lVest of the Sbuthwest corner of the NW+NIrV*SE* of said Section 5; thence in a Northeasterly direction to the starting point. The NE*SW*NE+, except the tVest 132 feet thereof; the SE*SW*NEi-, except 66 feet North and South by 132 feet East and lVest out of the Northwest corner thereof; the SIY*SW+NE+, except the North 66 feet and West 10 feet thereof, all in Section 5, Tp. 6 S., R. 92 W., of the 6th P.M. The North 1.86 3/4 acres of the SEi and the South 3. 13 1/4th acres of the NEi of Lot 2 of Section 5. Tp. 6 S., R. 92 W., of the 5th P.M. Tract No. 14 according to the Plat of the Antlers Orchard Devetopment Company being in the SE* of Lot 2, Section 5, Tp. 6 S., R. 92 W., 6th P.M.; the SWTNW*SE* being Tract No. 45 according to the Plat of the Antlers Orchard Development Company in Section 5, Tp. 6 S., R. 92 W., 6th P.M. TractNumberThree (3) in LotNumberTwo (2), Section 5, Tp. 6S., R. gZW., of the 6th P.M., as shown by Ptat of the Antlers Orchard Development Company filed for record with the County Clerk and Recorder of Carfield County, Colorado. The said iand may be otherlvise dascribed as the North Ten (10) acres of the East one-half (E*) of said Lot NumberTwo (2), in Section 5, Tp. 6 S., R. 92 W., 6th P. M. EXHIBIT A to l4larranty Deed dated June 28, 1976 between Harvey Bert Antonelli, a/k/a Harvey B. Antonelli, a/k/a Harvey Antonelli and Edwin Antonelli, to Leslie D. McPherson ,l l-r ',a,. t r'.1. . SOIL CHANACTERTSTlCS ' ; " Deftfr to, bedrock Texture ., t''l:' $urfgce "',:'i:' , , Subsolt 'i I SubeLnaturn Map UniL Nu.*Js !:, Utrlfied C].assification ' ...: PermeabilitY Percent coarse fragmenLs -(greater thag 3 inches) Salinity (Ecxlo) e 25"c) pH (surface) More than 6O inches Loan Cl"ay loarn Loam ru, cL Ivloderate 0 5.5 to 7.8 Moderate Low None 3 Hlsh Mod.erate ere ) 0 IrI 0 0 o M M Sloper seepage , I $ilrrlnk-sweIl Potential rd::"Potentl,a} frost-aeLion (surface) .ffLood Hazard- .11ydrologic GrouP l,,$LmoErvrtY ::;:1"[:,coated ) SEOfrEE & KIND OF LIMITATIONS ,,,',..{S ls,S}isht, M is Moderate, S ..',,, $eptic Tank Absorption Fields is Sev ,,,' ,$ruaee LaSoons " $qnlLarY Landfill Oravel TopaolI Bhal,Xor Excavatlons Drclllngs u/basemenis w/0 basements:: ' Local Boads & Streets $UITABITITY AS A SOURCE OE... DallY Cover for Landfill . fioadft1l ,, . ;Sana Gooil fair Low strength Uneuited Unsui-terl Sair $ural l- rltoneg Trench Area : n$i,:,t.: lr*li:, I,ow etrerUlblt L,ow strength Low streng'th ;.lriiiiii l ,jrjr1tf,, n'l*l rtr'!l*1 ll,1#L!; :i)ix M K".CJ $UBJBCT ?O CHA}TGE. NOT ?O NA . USED ]N PI,ACE OT' OII..IJ]TIi ]NVH:iTIOATION : . 108-Potts 1oam, 1 to l percerrt slopes. This crecp, werr cirained goil is on mesas, benches and varrey sideslopes. rt formed in e,lian pqterials on alluvi,m from sand.stone, share or basalt. Elevation fqnges from 5rO0O to 7 1000 fcet. Tlir.l aver:&ge lrrrrrrrll [,r.r.:cipit,nti.r,n is about 14 inches, Lhe avor&ge arurual air tempe:rat,ur.c.ir; gb6ut 116 dr,.gr.ees F', end the average frost-free period is about 120 days. tqlieally, the surface layer is brown loam about )+ inches thick. subsoil is reddish bro'rn light clay loam about 24 inches thick.-_*.1 4vqsr quvuu sqbstratu-u is pi,kish white roam extending to a depth of more 6o inches. lncluded *ith this soir in mapping are snarr areas of olney, , t ,:+uri,.ili, l!; ,S ,d rl-defonso soils which make up 10 to 1) percent of the mapping ,.,i1i,;if1,i+f;1ri.:,, .,' : ttisit. theEe soils are found on slooes of r r.^ ? nor,,,-n4Ii;,li;il;r,"i;.,r ltlnit. ,lh.eee soils are f.und on slopes of I t. 3 percent...: :!;l'''.'".1,.- . . .';..,i:" .4'., ,' D^_-^-L!a !,.:,;;;i, i. ".' , Perueability of the potts soil is moderate. Effective rooting:,i;,:l.rl ,. 'l"i,li;ii",;'l' :;' depth ie 60 inchee or rnorc. Avairable wat,t;r. crirJ)rreit.y is tri.gir. sur.faee, ,,,ilr:i i, ,i .,' - ,'r ,. ;i.1,:.:.. .', -: :,: ' :rl .'1:.ji:r; ; rn:noff ie slow and the er.osion hazrrrd is mcxrr,r.i'- .:;,1:,'t'-t: 'i. ' f'" ilr' ' ,'ll,:... :] 7 nLe.#,i.|ffi ,'1i;.-:, 1,1 ,i ' .. , :,'.., ?his soir is used mainly for irrigated erops and hay, and for , I l ' .'., . dryland farming. Alfarfa, smar.r grains, and. gra.ss -l egume hay are ,1 ,,F3.ooding is the usual uonservat,ron practiees that Et'AEg lraterways anrl mirrimu.m method of app)-ying irrigatj.on water. include irrigation ditch drop structures, ti.).1agr: &r't: ne(.)(.tiit,ii,rr:y l,<) nvo i.d l:ierious , It"I it ' ) (^ $ l '', t*' t\jl' i', * uLjL-l t$ trfi {-t} 'rb t--- "1 i*r t *t r-'' L\,) t, ,t tI il {l I LJ'J 108-Potts loam .. broeion losses, These soils pipe easiry, and irrigation water lqa.nagenent is ex"bremely important in avoiding excessive piping. Qover creps or stubble mulching in d"ryland farming areas will .a1eo help to linit erosion 1osses. The,native vegetation on this soil is mainly bluebunch wheat- :gre$s, uestern wheatgrass, needl.eanclthreacll ancl bi.g rrn5;ebrush. llhen the range condition deteriorates, fr:rbs and woody shrubs inerease. When the range is in poor eondition, undesirable weed.s and annual plants are numerous. Ui1dlife using this soil for habitat inclurle phcasant, mour.nlng t1ova, eo't,tunLai I rrrLrbi.L, riollr: Jr1u.l e <l*trl' rrrrrl ;rt1rrir.r.t.l" PotentiaL for community and recreational development is liniited ,.bx,:Iov strength, piping, and frost-heave. Dwelrings and road.s can 'be deeigpad to conpensate for these liruitatjons. community sewage ,. stens are needed if the population d"ensity incr-eases. capability eubelass, IfIe; IIIc dr;r1and. #r,'//,"y let*.r ['l l, it'\ j{ U r'*'b L-" hl r-.t*. r{ id "i tlnp Unit No.lS!.* . .:....$OIL CHANACTERISTICS Depth'to bedrock T.sxture ' ,, " Surface , ',, Subst,ratum :Unlfied Claselflcation iFerneability F*,reent eoarse fragments lr Steel (uncoated) Concrete I & KIND OT LIMITATIONS r('$:.ls S3.ight,, M is Moderate, S is Sev ., Sa.nttary Landfj.ll ,..ii.Sltatlo$ Excavations Trench Area w/basements ut/0 basements & StreeLs A SOURCE OF... for Landfill Seepa6e, slope Lotu strength I.ow strength Low otrength ere ) 0 M o 0 0 u M M'Loeal Hoads SUNTffiILITY AS ':t-,'.,.:',S61ly COlef l , :"[64dfil1 :.-'.', Sanrd'- ,,* (greaterthag3inghes)'. .'j". ,i *i, g*ltrrtty (ECxr05 e zsoc) pl{ (aurfaoe) :..,Shrlnk-swell. Potent,iaI i Fiytent{a1 frost-action (surface) "flood Hazard ,;.;$$tr-ologic Group r :,,:j86pp65lvlty .t - -' " ii ;,..''.,-',IXrmotic Tank Absorption Fields I ,:''" uutJ[cr to cHANCIE. Nor ro BE usED rN p More than 60 inches toan CIay loa,m IrOa,n ML, CL }{oderate 0 6.6 to 7.8 Mod.erate IrOW None B Eish Mod.erate Good. Snall stones Fair Irow strength Ilnsuited Uneuited. Falr Small stones LACE OF ON-SITE INVESTIGATION li.. ,l;&favg3"l::iili It I iti1r'i .l :i-./ ffiH Lti Ll tq!j f +., Fe* * * +'*t ,'-* l\"J LJi n1 ffi fu r{- n]$Jr: t ,"-, ar I t'tl ,J.,t-*ry .noderately stoping soil is on nesas, benches and valley sideslopes. It, formed in eolian materials on alluvium from sancistone, shale or bapalt. Elevation ranges from !1000 to ?roo0 foel. Thc nverage 'aanual preeipitation is about 14 inches, Lhe average annual air tegPqqatwe .is about 46 degrees is about 120 days. and the average frost-free period the Iho tha.rt Ty'pical1y, the surface layer is brown loan about 4 inches thick. subsoil is reddish brown light clay loam about 24 inches thick. subEtratun is pinkish r*hite loaln extending to a depth of more 50 inches. Included uith thi.s soil. in rnappi,g are ,ma.ll. aroas'f Olnery, end rldefonso sojrs which make up l0 to 1! percent of the mappingXin .l'.- :' ulxL't. These soils have slopes of 3 to 5 percent,. 6epth i,s 6o inches or more. Avairable water. capacity is high. srr- face runoff is slow and the erosion hazard is moderate. Ttrj.s s'oil is rised mai.nly for irri.gatecl orops itncl hay, and for drylanrl farming, Alfalfa, omall gra.ins:, nrui gr.rrsr;-l {,)[Ir.rrno hay ar.c grogr' smaLl areas of this soii are also used for livestock grazing. rri.1;at,i o4 water. 0onseruation practices that incl.ucle i rr:igation tlitr:h <lrop sLrur:t,urr:s, ftl ;:rilryelii,;,..i, *ri -1 j'::./ I , , Il ' , \s il Il; .1 5[.-") rt i lr-lr ll Iil: ir i '-' LiLi t I 1 ll :,t : ")irltt-"i 1.." '1ir* trss .:. lOC-Potts loan illage are necessary to avoirl seriousgra66 wateruaysr and minimm t erosion losses. These soils pipe easily, and irrigation water manage- 'rnent ls extrernely i-mport,ant in avoiding excessive piping. cover crops ' or stubbl-e mulching in dryland farming areas will also help to limit erosion losses. the native vegetation on this soil is mainry bluebunch wheat- , grc.$g, ueetern wheatgraso, needleandthread, and big sa.gebrush. ':" When the range condition deteriorates, forbs and wor:dy 'Ehrubs increase. llhen the range is in poor conditi-on, undesirable ueeds and annual plants are numerous. Prcper grazing management ' rnair-rtai.ns anrl imp::oves t'nnge i:ttrrdit'i on. A r.r,rlut.:t.i on in br.rrsh irn- pr"ovg8 deterioratod range sites. Seeclirrg is a good practice if the ',t, rtlnge is in poor conditj.on, Suitable plants for seecling are crested .. rirheatgrassr western wheatgrass, and Bussian wildrye. For successful aeedlngsr a good practice is to prepare a seedbed and drill the seed. l{ildlife using this soil for habitat incl-rrde pheasant, mourning dove, cottontail rabbit, some mule deer, ancl squi.rrel . ,' , ' Fotts soil has good potential for community and recreational develop,oent. The main limitations for these uses ;rre st,rength, piping, and frost-hea.ve. Dweltj.n6s a.ncl ror:ds clesign c:rn be rlc;signed lo eompen- satg for theee limitrrtii:lrs. Cotr,rnttrti't,y ll,rr,.nr1.1o r:.yst,r.rui; rrt.t: nt.t:rJerl i f , the population density incrcases. Capabilty subcJass IIIe. fr tr -,llll,n'? Ita nrl .'-._-.-t CONTRACT OF SALE AND PURCHASE Tl-f lS AGREEMENT, Made and entered into this 2.?4 day of January, 7976, by and between HARVEY BERT ANTONELLI, also known as HARVEY B. ANTONELLI, EDII/IN ANTONELLI ancl ALENE R. ANTONELLI as Personal Representative of the ESTATE OF ALFRED OTTO ANTONELLI, atso known as ALFRED O. ANTONELLT, Deceased, att of Carfietcl County, Colorado, hereitrafter referred to astrsetlersrr and LESLIE D. IvIcPHERSON of CarfielcJ County, Colorado, hereinafter referred to as trBuyerr', WITNESSETH: WHEREAS, Sellers are the owners of ranch holdings in Section 5, Tp. 6 South, Range 92 West of the 6th P.M. in Carfietd County, Cotorado and have agreed to sell said property to the Buyer and the Buyer has agreed to purchase the same upon the terms and for the consideration hereinafter expressed, No}vTHEREFoRE,Forandinconsiderationofthecovenantsand agreements herein contained, the parties hereto hereby agree as follows: i hereby aqree to , andl. E-f_Efgpg!y.. Setlers hereby agree to sell and convey, the Buyer hereby agrees to purchase, certain reat estate including water rights situated in the County of Garfield and State of Coloraclo, as more particr.rlarly described in Exhibit ttAT attachecl hereto and by reference made a part hereof. 2. Purchase Price. Buyer agrees to pay to Sellers for all the above clescribed real property and for the waiver of grazing privileges as provided in paragraph 3 betow the totat purchase price of Ninety-Five Thousand Dollars (S95,000.00), which shall be payabte as fotlows: (a) The sum of Five Hunclred Dollars (5500.00) upon the execution hereof to be cleposited and held by Mincer, Larson and Hartert. Attorneys at Law, Glenwood Spr.ings, Colorado in their Trust Account until closing or as otherwise provided herein; (b) The further sum of Twenty-five Thousand Five Hundred Dollars (25,500.00) in cash or certified funcls at closing; (c) The sum of Sixty-nine Thousand Dollars (169,000.00)* represented by Buyer's promissory note in the principal sum thereof, datecl as of the date of closing, payable in fifteen (15) consecutive equal annual installments of Forty- six Hundred Dollars ($4,600.00) each, commencing one year ' frorn the date thereof, said note to bear interest on the unpaid principal batance thereof at the rate of seven (7) per cent per annum payable annually with each princlpal payment, to allow prepayments at any time after January 1, 7977, and to be secured by a first lien on atl real proparty, water rights and forest grazing privi leges conveyed herein. 3. Forest Service Permits. Sellers agree to execute approprlate waivers of all grazing privileges held by them tograze ll4animal units on thelVhite River National Forest and to request the Forest Service to re-issue sald permlts to Buyer. Buyer agrees that all such privileges and permlts waived and transferred herein shatt be adclitional securlty for thsnote described in paragraph 2 (c) above ancl to execute alt documents necessary to accomptish'this. 4. Abstracls. Sellers agree to furnish to Buyer, as soon as possible, abstracts of title covering all of the reat property listed in Exhibit 'rAit attached hereto, which abstracts shall be certified to the date hereof or a subsequent date. Sellers warrant that their title to said property ls merchantable and free and ctear of alt liens and encumbrances except the tien for taxes for 1976 due in 1977, Upon receipt of said abstracts, Buyer shalt have thirty (30) days for purposes of examination of the same, and in the event that it is determined from the examination of said abstracts that Sellersr title is not merchantable, Sellers agree to render their title merchantabte at their own cost and expense withln six months from receipt of notice of any defects. Restrictions and reservatlons, including mineral reservations contained in patents issued under laws applying at the time of issuance, prior mineral reservations and easements and rights-of- way of a public or private nature over and across sald property shall not render found to beSellerst title unmerchantable. ln the event Sellersr title shall unmerchantable, Buyer agrees within said thirty-day period to furnish Sellers -2- rvith a written title opinion setting out tha nature of the defects cornplained of, and arry defects not so complainecl of shall be deemed lvaived 5. This agreement is subject to the approvat by the District Court of Carfield County, Coloraclo in Action No. i1-445, trr the Matter of the Estate of Alfred Otto Antonelti, also known as Atfred O. Antonelli, deceased. lVithin ten days from the date hereof the unclersigned Alene R. A.ntcnelli, personal representative of said estate shall petition said Court for an appropriate order approving this agreemeht and authorizing the conveyance of the estatets interest in the proparty clescribed herein pursuant to the terms and conditions hereof . tn the event the Court refuses to grant said petition and so order, this agreement shall be nutt and void and all monies cleposited shall be returnecl to Buyer. 5. Clqsing. This sale and purchase shall be closecl thirty days after delivery of the abstracts as required in paragraph 4 above, or ten days from entry of the Court orcler required pursuant to paragraph 5 above, rvhichever is later, at which time Setters shalt transfer to Buyer att of the abcve described real property by good and sufficient general t,rarranty deed containing the usual covenants of warranty subject onty tc current taxes, and the reservatlons, easements and rights*of-way noted in paragraph 4 above; provided however, that the interest of the Estate of Alfred Otto Antonelli shall be conveyecl by personal representatives deed, Sellers shall further execute t'raivers for the transfer of the grazing priviteges and assign'all certificates representing ditch company stock to be conveyed hereunder. At the tinre of ctosing, Buyer shall execute and cleliver to Sellers his promlssory note representing the balance of the purctrase price as hereinabove provided, together lvith a Deed of Trust or fi'lortgage securing the same. 7 . Possession. Sellers shalt detiver possession of all property conveyed herein on the date of this agreement. Upon de{ivery of possession Buyers shall assume alt responsibility for the maintenance ancl care of irll property. -3- B. tlelease of C_raziLq Privileges. Sellers hereby agree to release all grazing priviteges as security on Buyer's promissory note upon. Buyers rvritten request any time after January 1, 7977 and upon payment by Buyer of $5,000.00 to be applied against tha balance due Sellars pursuant to the note as provided in paragraph 2 (c) . Said payment shall be in addition to the regutar annual installments and shall be applied against the final two principle installments due under said note. 9. Prorations. Property taxes for 1976 dr,ehl977 shall be prorated to the clate hereof and shall be basecl upon the taxes paid for the year 1975. 10. Failure to Perforrn. ln the event either party hereto shall fail to do and perform any of the other covenants and agreements herein contained to be kept and performed by them, the other party shall have such remedies'as may be available to them at law or in equity ll. lt ls unclerstood and agreed that alt tlre terrns, conditions, covenants ancl agreements herein contained shatl extencl to and become binding upon the heirs, executors, administrators, successors ancl assigns of the partles hereto and thai the provisions of paragraph B shall survive the ctosing of this transaction. lN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written- SELLERS: ['larvey rt Antonelli, a/k/a Harvey B. Antonelli Alene R. Antonelli as Personal Representative of the Estate of Alfred Otto Antonelli a/k/a Alfred O. Antonetli, Deceased. ' BUYER: -4- Edwin Antonelli EXHIBIT A Antonetli - McPherson Agreement clated January -, 1g76, Real Property: All real property owned by all three Sellers in Section 5, Tp. 6 South, Range 92 $/est of the 6th P.M., Garfield County, Cotorado, being 118 acres, more or less, said properiy to be conveyed by legal description to be determined upon comptetion of abstract, together with all improvements thereon and appurtenant thereto. lYatel Rights; Att water and rvater rights, ditch and ditch rights apPurtenant to or used upon said real property inclucling but not by r^ray of limitation: 2B shares of stock of Farmers lrrigation Company 4.24 shares of stock of Grand River Ditch Company 168 acre feet annually from the Silt Project