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Home My WebLink About1.0 Application410 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF /C)—`1 (y7 a 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 January 2, 1979 Section 2.02.01 (d) and 3.02.01 the undersigned Darrel Reed respectfully petitioners the Board of County Commissioners of Garfield Courjty, Colorado, to exempt by resolu- tion the division of 160 acre tract of land into 2 tracts of approximately 150 and 10 acres each, more or less, from the difinitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (a) - (d) and the Garfield County Subdivision Regulations, for the reasons stated below: want to sell the ten acre parcel In support of this petition, the petitioner also submits the following: (a) Map drawn to scale showing proposed lot subdivision and access (b) Copy of deed (c) Vicinity Map V (d) State on source of domestic water - IK� c.n e Statement on method of sewage disposal- " (f) 100 year floodplain information where live stream crosses or adjoins said tract (g) Fee in the amount of $ $60 (h) Evidence of the soil types Submitted at Glenwood Springs, Colorado, this 29th day of January , 19 81 eel ephone Nber NAME: PURPOSE OF EXEMPTION:exi / _50 /0 - EXEMPTION iso ZONING: AhirOttio QUALIFICATION FOR S.B. 35(nee_d. deed) LOCATION OF SITE: avN em • gr.; as-+ '1✓taANN WATER: DIV. OF WATER RESOURCES RESPONSE: O SEWER: CHECK LIST: x x FEE PAID ( 50 +1.00/acre for each parcel created under 35 acres) MAP showing proposed lots and access DEED x VICINITY MAP 100 yr floodplain info. SOIL MAP PV/44 IF community water, letter of approval from governing body COMMENTS: eig-0.14 e'.- (Se -C- 1A -r' -i�� qe� �"a -se o•-. „ f c/SI •t 141.1•:.!.•7F, • r� TYPE OR PRINT IN BLACK INK•. COPY OF ACCEPTED STATEMENT MAILED ON REQUEST. THE AFFIANT(S) whose mailing address is COIORAtO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St. Denver, Colorado 80203 STATE OF COLORADO COUNTY OF _ ui STATEMENT OF BENEFICIAL USE OF GROUND WATER AMENDMENT OF EXISTING RECORD LATE REGISTRATION PERMIT NUMBER .: ///A N R I o 2...4/ -3 Rd 1054'78 Cour,y RECEIVED FEB 1 4 1979 ;?'PATER RESO(j _STATE Enttigai A FIDAVIT LOCATION OF WELL;. ,✓ S vv S W Section L L-,-- (0 �/ 6 y %.. ci -3 Rngr�zzi P M City / Twp 1 ,w OR s1 9/ E�� 15T.rc) rZ1P1. being duly sworn upon oath, deposes and says that he (they) is (ore) the owner(s) of the well described hereon; the well is located os described above at distances of A-•36.. L feet from the 501-t-r/i- section line and:- Y51' feet from the Vl £ 1 section line; water from this well wos first applied to a beneficial use for the purpose(s) described herein on the day of /V)/1 y - 1930 ; the maximum sustained pumping rote of the well is /% gallons per minute, the pumping rate cloimed hereby is / gallons per minute; the total depth of the well is 3 0. feet; the overage annual amount of water to be diverted is / a-- • acre-feet; for which claim is hereby made for - /5} Al e -S T/G purpose(s); the legal description of the land on which the water from this well is used is t s t acre are irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he (they) has (have) read the statements mode hereon; knows the content thereof; and that the same ore true of his (their) knowledge. (COMPLETE REVERSE SIDE OF THIS FORM) _ of which Signature(s) Subscribed and sworn to before me on this 'Ic.,2— day of My Commission expires: E5E.11 �S 19 OT.RT PUELIC ACCEPTED FOR FILING BY THE STATE ENGINEER, COLORADO PURSUANT TO THE FOLLOWING CONDITIONS: APR 051979 DATE. _ ti �vLCA1i tf • •STATE ENGINEER, ; FOR OFFICE USE ONLY A parcel of land situated in Lot 4, Section 1, Township 5 South, Range 91 West of the Sixth Principal Meridian and in Homestead Entry Survey Po. 38, Township 4 South, Range 91 West of the Sixth Principal Meridian more particularly described as follows: Beginning at Corner 8 of said Homestead Entry Survey; thence nIxElit S73a23'43"W 680.76 feet to a point in a fenceline on the Westerly side of Main Elk Creek; thence N43°07'37"4 603.44 feet; thence s88°22'51"E 524.73 feet; thence S66°50'06"E 587.82 feet to the Point of Beginning. • N, :79 6514 • ipL:z rig (NEW CAS 71 El SCALE 1:.'-+000 )N I )Nl L').11 LI 1�9 N TRAIL doe , y • 67-9 L -- .11,e tI%ll 32'3"::".8? Windy tint, r 646,5. ,Za Gray'Ea�ly 'Mule;" e rf 283 Light Map Unit No.h)t'.,ii1 Part, A SOIL CHARACTERISTICS Depth to bedrock Texture Surface Subsoil Substratum Unified Classification Permeability Percent coarse fragments (greater thata 3 inches) Salinity (ECx10' e 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 Dwr, lings w/basements w/O basements Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Roadfill Sand Gravel Topsoil SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION . More than 60 inches . Fine sandy loam : Sandy clay loam : Sandy loam, sanciry clay loam SM, SC, CL, SM -SC : Moderate to moderately rapid 6.6-7.8 Low to mod( r ate Modern Lc. None . B : Moderate Low Severe) M S Slope, seepage S Seepage : S Seepage aloe e . M Slope M Slope, low strength M Slope, low strength M Slope, frost action, low strength Fair Slope Fair Poor Low strength, th, frost action, shrink - swell Unsuited Fair Excess fairies Slope lap Unit No.X1415DE Part B SOIL CHARACTERISTICS Depth to bedrock : More than bO Inches Texture Surface : Stony loam Subsoil Substratum : Very cobbly loam, very gravelly loam Unified Classification : CL, ML, GM Permeability : Moderate Percent coarse fragments : 40-75 (greater tharj 3 inches) Salinity (ECx10 C 25°C) pH (surface) : 7•L+-8•% Shrink -swell Potential : Low Potential frost -action (surface) : Moderate Flood Hazard : None Hydrologic Group : B Corrosivity Steel (uncoated) : High Concrete : Low r DEGREE & KIND OF LIMITATIONS (O is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields Sewage Lagoons SanitHr v Landfill Trench Area Shallot: Excavations Dwellings w/basements w/O basements Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Roadfill Sand Gravel Topsoil. S Slope S Slope • M Slope, small stones : S Slope S Slope S Slope S Slope S Slope Poor Slope, small stones Fair Frost action, slope Poor Excess Cines, small stories Poor Excess fines, small stones Poor. Slope, :rnai.1 stones SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION X4fDE.-Ascalon-Pena complex, 6 to 25 percent ;:leper. These moderately sloping to hilly soils are ori valley si.desiopes and alluvial fans. They formed in sandstone and shale alluvium. Elevation ranges from 5,000 to 6,500 feet. The average annual precipitation is about 14 inches, the average annual temperature is about 48 decrees F., and the average frost -free period is about 120 days. Ascalon soil makes up about 65 • percent of the mapping unit and is on the 1 ess sloping, somewhat con- cave portions of the landscape. Penia soil Ji 13 on thy t(cpor•, cor;vCX parts of the landscape and makes up about 2! pi= rL L i; L or the unit. Included with these soils in mapping are small areas of Olney and Potts soils on 6 to 12 percent slopes. These soils are on small isolated mesas and make up 5 to 10 percent of the unit. The Ascalon soil is deep and well drained. Typically, the surface layer is brown fine sandy loam about 5 inches thick. The subsoil is yellowish brown sandy clay loam or clay loam about 30 inches thick. The substratum is very pale brown sandy clay loam or fine sandy loam that extends to a depth of more than 60 inches. Permeability of the Ascalon soil is moderate. Effective rooting .depth is 60 inches. Available water capacity is moderate. Surface runoff is medium and the ,rosion hazard is moderate. The Pena soil is deep and well drained. Typically, the surface layer is dark grayish brown stony loam about 6 inches thick. The subsurface layer is dark grayish brown stony loam about 6 inches thick. ) 4 D :--Asnalon-Pena complex. The underlying layer is very pale brown very stony sandy loam that extends.to a depth of more than 60 inches. Permeability of the Pena soil is rapid. Effective rooting depth is 60 inches. Available water capacity is low. Runoff is slow and the .erosion hazard is moderate. This complex is used mainly for wildlife habitat and limited grazing by livestock. The native vegetation on the Ascalon soil is mainly needleandthrea.d, western wheatgrass, bluebunch wheatgrass, and big sagebrush. The native vegetation on the Pena soil is mainly. bluebu,;ch wheatgrass, -western wheatgrass, mounta.i.runahogarly, and big sagebrush. When the range condition deteriorates, i'orbs and woody shrubs increase. Proper grazing management maintains and improves the range condition of these soils. When the range is in poor condition, seeding is practical where slopes are less than 15 percent. Careful selection of areas is necessary because of stoniness. Plants suitable for seeding are pubescent wheatgrass, western wheatgrass, and big bluegrass. For successful seedings a good practice is to prepare a seedbed and drill the seed. Brush management is needed to improve deteriorated areas that are producing more woody shrubs than are normally found in the potential plant community. Damage to habitat for deer should be considered when applying br•u:;h m.aua. emcnt ON Lhene soils. Cottontail rabbi. L, eaqu rre 1 , iahea:.;alit, t•ra i i i; ; �i �v�� , wi to r•ke'y, Lind soma mu] e doe r rare tr.wurr,; Liao wi I dl i fr i.1 1 i, un I,Iu r.a ; ,ri L; i .,i Irra.t>i tat. lap Unit No. X86 SOI"L 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 Shallcw Excavations Dwellings w/basements w/0 basements Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Roadf'a 11 Sand Gravel Topsoil ,1151. SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION • : More than 60 inches : Loam : Gravelly clay loam, clay loam : Gravelly loam, cobbly clay : CL, CL -ML, GC, GM -GC : Slow 0-30 6.6-7.3 High Moderate None C Moderate Low Severe) S Peres S Slope S Slope Slope S Slope slowly, slope S Slope, shrink -swell S Slope, shrink -swell S Slope, shrink -swell, low strength Poor Poor Slope Slope, s}iri nk- �we11 Unsuited Unsuited Poor Slope • X86 -Jerry loam, 12 to 50 percent slopes. This deep, well drained, strongly sloping to steep soil .is on mountainsides. It formed in alluvium from sandstone, shale, and basalt. Elevation ranges from 7,000 to 9,500 feet. The average annual precipitation is about 20 inches, the average annual air temperature :is about )41 degrees F., and the average frost -free period is less than 75 days. Typically, the surface layer is dark gray i sit brown loam about inches thick. The subsoil is yellowish brown clay login or cobbly clay loam about 37 inches thick. The substratum is liOit brown cobbl.y clay that extends to a depth of more than GU i ttcirr :,. Included with this soil in mapping. are small areas of Tanna and Dollard soils. These soils make up 5 to 10 percent of the mapping unit and are found at the lower elevations. Permeability of the Jerry soil is slow. Effective rooting depth is 40 to 60 inches. Available water cra.pn.<' i ty is li ich. Surface runoff is slow and erosion hazard is moderate. This soil is used mainly for limited livestock grazing and. wild- life habitat. The native vegetation on this soil is mainly Gambe1 oak, servi.ce- berry, mountain brome, and elk sedge. When the range is in poor condition, Kc s to ky bl ueg. ;i , undesirable 3 weeds, and annual plants are numerous. P itl('' rtuu,' maintains and. improves range condi tion. Seed i iig and brush Tuan acement are usually not a good practice because of steep slopes. • • X86 -Jerry loam 2 Wildlife using this soil for habitat include mule deer, elk, blue grouse, gray squirrel, and wild turkey. The main factors limiting community development are high shrink - swell, steep slopes, and low strength. Building sites and roads must provide for good drainage. Jerry soil will slump when saturated or if deep cuts are made in sideslopes. Capability subclass VIIe. X40E-Ascalon-Pena complex 3 Communitydevelopment is limited by the nhrink-swell, steep slopes, and frost action in the Ascalon soil, and by steep slopes and stone content in the Pena soil. Capability subclass Vie. • oxY4r", L /) c M to 1° ) r" ; • • AW-Torrifluvents, nearly level. Torrifluvents consist of deep, well to somewhat poorly drained soils formed in alluvium. They occupy the nearly level floodplains adjacent to the Colorado and Roaring Fork Rivers and their major tributaries, such as Four .Mile Creek, Canyon Creek, Elk Creek, Divide Creek, Ma.mm Creek, Government Creek, and Parachute Creek. Slopes are 0 to 6 percent. The soils are stratified and vary widely in texture and depth due to seasonal fluctuating water levels. Surface layers range from loamy sands and fine sandy loams to silt loans and clay loans. Underlying layers are usually sandy loams or loans that are strat- ified trat--if ed with mind, gravel. and cobble. Some areae have rrrivel and cobblestone on or near the surface. Water levels 1'1 uc•tuate from 2 to 1+ feet and may be near the surface during spring runoff from snow melt. Areas of this broadly defined unit are subject to brief occasional flooding during late spring and early summer months. Included in the mapping and making up 15 percent of this unit are small isolated areas of the Wann soils on 1 to 3 percent slopes. Also included in mapping are small areas of moderate to severely alkali affected soils identified by an alkali spot symbol. There are isolated and small areas where water stands near or at the sur- face year around. These are identified by wet :,pct and rn rr:,h spot symbols. • • RLS-Torriorthents-Camborthids-Rock outcrop complex, steep 2 normally stone free throughout. Scattered basalt stones, cobbles, and sandstone rock fragments cover the surface. Rock outcrop makes up 15 percent of this unit. The Rock out- crop consists mainly of Mesa Verde sandstone, Wasatch shale, and basaltic boulders and stones. There are small areas of limestone and gypsum rock outcrops in the eastern part of the soil survey area. included in the mapping of this unit are small isolated areas of Iideforrso, Lazear, Ansari, Begay, Heldt,, and. Dollard soils. These soils are very scattered occurring intermittently throughout this unit and make up 10 to 20 percent of this unit. This unit has a fair livestock grazing value. The native vege- tation includes wheatgrasses, bluegrasses, Indian ricegrass, needle - grasses, bitterbrush, mountainmahogany, big sagebrush, and an over - story of pinyon pine and juniper trees. The area is also used for wildlife and recreational purposes. Most of this unit is a prime deer wintering area. Other game animals such as rabbits, coyotes, and a few elk use this for food and protective cover. The amount of stone on the surface and the steepness of slopes make this unit unsuited for cropland. Some area r: may be re:ioeded to pasture by broadcast seeding. Other types of revegetation practices are more difficult because of surface stones and steep slopes. • RLS-Torriorthents-Camborthids-Rock outcrop complex, steep. This broadly defined unit consists of sandstone and shale bedrock exposures, loose stones, and nhal low to deep soils overlying sandstone and shale becrock and stony basaltic alluvium. Relief is moderately steep to very steeply sloping on slope grad- ients ranging from 15 to 70 percent. This broadly defined unit occurs inter•mitt,.•nLl.y throughout the soil survey area. The Torriorthents rnrake up about 115 percent of this unit. They occur on the .foothills and mountainsides underlying sandstone and shale bedrock exposures consisting primarily of Mesa Verde sandstone and Wasatch shale. The soils are :;hallow to moderately deep, and generally are clayey to luamy in texture with a variable amount of gravel, cobble, and stone throughout. The surface is normally stone covered due to weathering of overlying bedrock exposures being carried down slope e by gravity. Basaltic stone. and cobbles occur on the surface in the area south of the Colorado River in the soil survey area. The. Camborthids make up about 20 percent of this unit. They occur on the moderately steep lower toe slopes and concave open areas of the foothills and mountain slopes. The soils are shallow to deep, have light colored surfaces, a slight increase in clay in the subsoil, and generally clayey to loamy in cx Lu re. They ri red A • • AW-Torrifluvents, nearly level 2 The native vegetation is mainly cottonwood, willow, tamarisk and water tolerant grasses, sedges, and rushes. This unit is often suited to the production of Fremont cottonwood trees. It is capable of producing 230 board feet of timber per acre from a fully stocked, even -aged stared of 40 year old trees. Some areas of this unit are used for livestock grazing. It provides shelter and forage where access to t1“ a area ,a is available. This unit has a definite recreation potential. Wildlife popula- tions are abundant and the nearness to the r:ivor make these areas available to rafting and canoeing enthusiasts. Wildlife abound in this vegetative habitat. Mule deer, cotton- tail rabbits, coyotes, bobcats, ducks, geese, and other native birds are well adapted and use the native vegetation for food and shelter. Where it is feasible, development of food plots, tree and shrub planting, and establishment of nesting cover would enhance the habitat for upland game. In areas of perennial_ high water table, open water may be developed by blasting or heavy equipment for water fowl usage and fish ponds. Community development is very limited on this unit. Flooding, seasonal high water tables, and variable soil textures require on-site soil investigations Lc) rirot,E:.r;n iii eompon:uat, i otr rnea:.;iaru;; at specific proposed sites. Capability Subclass Vlisw, nonirrigated. 4 . • • RLS-Torriorthents-Carnborthids-Rock outcrop complex, steep 3 Management of the vegetation on this unit should be designed to maintain a wood product and limited livestock grazing. Selective thinning of the pinyon -juniper may improve the understory resource for grazing while obtaining firewood and posts. Steep slope, moderate to high erosion hazard and slow re -growth of the trees need to be considered in harvesting operations. For building sites the main limiting soil features are steep slopes and stoniness. These may be overcome by apprc,pri_ate design and construction or alternative methods. Capability subclass Vile, nonirrigated. KKBNA Scarrow Walker Incorporated sneers Consulting Eng Land Surveyors Grancl wood ,501 n:f3^ • PARCEL #3 • cel of land situated in Homestead En Survey #38, A w Range 91 West of the - xth Principal Towns'p 4 South, Colorado, ore particularly Meridia Garfield County, describe as follows: Homestead Entry Survey #38; Beginning at orner,#8 of sa' line g W. 440.4% feet along the easterly "Point of thence N.17°06survey #38, to the True of said Homestea: Ent;Y00'00"W• 893.80 feet; thence Beginning; thence 9 eet; thence N.16°43'09"W. 184.92 feet; N.66°33'59 W. 129.2 thence N.11°09'4 E. 2'1.00 feet; thence N.90°00'00'E. 881.24 feet to he easte y line of said Homestead Entry sai Survey #38; ence S.17°06 8"E. 475.17 feet along easterly ne to the True e po t of Beginning, containing 10.02:cres, more or less. Together with the following described 30.00 foot access in adjacent to and 15.00 feet on either side easement ly g of the following described line: line of County Road Beginning at a point on the easterly SRvdy #243 from whence Corner #8 of said Homestead EntrY44'00"y. #38 bears S.77°24'15"E• 1602.05 feet; thence N.78 thence 99.68 feet along the arc of a curve 242.10 feet; a central to the right, having a radius of 506.90 feet, 9c central feet); angle of 11°16'00", (chord bearsiN.84 22 00 E• feet alongfethe thence N.90°00'00"E. 150.00 feet; thence 49.79 having a radius of 71.41 arc of a curve to the right, (chord s of S.70°41 feet, a central angle of 3point0of,termination, from whence 01'28"E. 48.79 feet; to a P Corner #8 of said Homestead Entry Survey #38 bears S.69°17'39"E. 1102.37 feet. together with the following described 20.00 foot access Also adjacent to and 10.00 feet on either side eaaso semennt lying adj of the following described line: $eginning at Corner #8 of said Homestead Entry Survey #38, thence N.69°17'39"W. 1102.37 feet to the Truethence Nf16° thence S.62°59'05"E. 146.26 feet; Beg . point of termination that bears N.64° 4' 101.71 feet to a N.64°14'26"W• 968.69 feet from Corner #8 of said Homestead Entry Survey #38. KKBNA, INC. 1001 Grand Avenue 81601 Glenwood Springs, CO March 18, 1981 ;KBNA Carrow; Walker rcorporated ;onsulting Engineers ,and Surveyors 1001 Grand Avenue Glenwood Springs Colorado 81601 303 945 8664 • Leroy E Tour LEGAL DESCRIPTION A parcel of land situated in Homestead Entry Survey #38, Township 4 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at Corner #8 of said Homestead Entry Survey #38, thence N.17°06'38"W. 440.48 feet to the True .Point of Beginning; thence N.90°00'00"W. 893.80 feet; thence N.66thence 33'59"W. 129.22 feet; thence N.16 43 09 W. 184.92 feet; N.11°09'41"E. 230.00 feet; thence N.90°00'00"E. 263.84 feet; thence N.00°00'00"E. 348.48 feet; thence N.90°00'00"E. 250.00 feet; thence S.00°00'00"E. 348.48 feet; thence N.90°00'00"E. 367.40 feet to a point on the easterly line of said Homestead Entry Survey #38; thence S.17°06'38"E. 475.17 feet to the True Point of Beginning, containing 12.02 acres, more or less. April 16, 1981 KKBNA, INC. 1001 Grand Avenue Glenwood Springs, CO 81601 RICHARD D. LAMM Governor • DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street - Room 818 Deriver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 February 20, 19 81 Mr. Davis Farrar Garfield County Planning Dept. 2014 Blake Ave. 81601 Glenwood Springs, CO Re: Reed Exemption J. A. DANIELSON State Engineer Dear Mr. Farrar: We have reviewed the material submittedothe to usee wells for the ove referenced application for exemption. The developer proposes water supply which would intercept ground water for tributary appropriation. Elk Creek aat a point where there is still water available his office can issue individual domesticval well opermits isprto individual lot purchasers and we recommend app l. Very truly yours, lla Hal D. Simpson, Assistant State Engineer HDS/GDV:pkr cc: Lee Enewold, Div. Eng. Land Use Commission Ralph Stallman i FEB2 4 1981 .l W\iikog... PLANNER 1 Recorded June 2.1963 at 4:37 Reception No.221987 Chas. RS. K egan ecor Form FHA 427-2 Colo. (10-15-61) P.M. UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION REAL ESTATE DEED OF TRUST FOR COLORADO (DIRECT LOAN) Book 351 (11 Page 237 THIS INDENTURE, dated ___... _ .... _ _.June..27, _1963_. between .. PA.i'.re 1 ../+tt $0 0d , and Lillian Head.., , hie wife, residing in . .Garfield County, Colorado, stow poet sent saline* a Now Castle . Colorado, as ••t,11iAI 1441 1644•...•441• .a16.4 1a.:. rwa•, •^4 ..• 1 r T •'Or. • f r ie d County, :Irate u( Colorado, •.. ••••h•. 1a mut Ti....a•M t,•, 1 ♦ 1..1 steles 1 4w,.,•. •41 "I lar,.vga U• 1 a'w►.re H..•n• Admnl,atlataln, United :.r,a100... ^f \t-.:.+. I a►• •• ••••••'",. ..'• ra''•• a t 1f.• nrn•soI iTti1.4V1:T11 THAT . 1. 1 . I 4 .i ,r, . • 1 611: ,, ^..• 1 \, . 1 /1I• •'`. , . 1 .1 l lrl-Jl4,! 1 ' 1.1, 11111 ,1 . (• r ••,I I,r..nu••.1) Wit. (4) Ir •' 1 n..r !hr (;r0.•rrn11•nl, IlrutrintnK a. 4 .1 .,'h,111.11E 11114)011.11 a., rill atIon fl( , t 6) bring (Ira, r1I.1'd •• follows. ul Inl 6't6'.1 I1111' rill.). 1.1 I1/1111 .114 .611rnera June ..7, 1963 434,500.0u 5% June 27, 2003 NOW, THEREFORE, in consideration of the aaid indebtedness, Borrower does hereby grant, bargain, sell, convey, and assign unto Trustee with general warranty the following -described property situated in the County(ies) of _Garfield. , State of Colorado: A tract of lath situate in Sections 26 and 35, Tp. 4 S., R. 91 W., 6th P.H., being H.E.S. bo. 53, more particularly described as follows, to -wit: Beginning at Corner No. 1 whence the Si corner of Section 2, Tp. 5 s., R. 91 W., 6th P.M., bears S. 19°9'17"' W. 140.19 chains, tt oo 11. 16'441 14 26 19 chains to Cornet No. 2, thence N. 51 40' E. 6. 0 chains to Oornotio. 3, t imee N. -11 381 W. 29.37 chains to Corner No. 4, thence N. 60 27' Z. 17.07 *hafts to botch so. 5, whence U. 3.L.M• , L Z. S. No. 54 bears N. 8'10, 8, 0.85 chains, thorn)* 37 9.471'1. 22.50 chains to Corner No. 6, thenoe 3. 15'55' E. 17.29 chains to Cotner lb. 7, thence 3. 78'30' %r. 16.87 chains to Corner No. 8, thence 3. 1'48' E, 27.96 chains to Corner No. 9. thane* l`• 75°23' W. 14.95 chins to Corner No. 1 the phase of beginning, oontainl.ng 88.63 acres, more or less. Also, a tract of land situate in Sections 35 and 36, Ip.. k 9.. 1. 9� W, 6th P.M., and more fully described as follows, to -wit: Beginning at Corner No. 1 whence the SW corner of Section 2, Tp. 5 S., R. 91 W., 6th P.H., bears 3. 43°19120" West 109.89 chains, thence N. 3° W. 20 chains to Corner lo. 2, thence M. 32°W 8.50 chain. to Corner No. 3, thence N. 17° O' W 13 cluing to Corner No. 4, thence N. 2= _. 6 8 obalna to Corner No. 4A. thence N. 78 39' K. 18.8 chains, to Corner No. 71. thenoe S. 15454' Z. 52.04 chains to Corner No. 8. thence N. 89°50' W. 23.50 chains to the point of beginning containing 101.19 acres, more or less. FIIA 427-2 Colo. (10-15-61) sl took 351 Page 238 Also, Lot 4, Section 1, .Tp. 5 s., R. 91 W., 6th P.M,, and a tract of land situate iii Lot 1 aeotion 2, T'p, 5 S,, R. 91 W. , 6th P.M., and more particularly described as follows, to -wit: Beginning at the MW oorner of skid Lot 1, theme ,S. along the West boundary of said Lot 1, 8)0 feet, thence easterly 450 feet, more pr less, to the last bask of lain Elk Creek. thence S. along the Nast bank of Main Mk Creek tp thti South boundary line of said Let 1, thence hast to ,the ,SE corner of gem Lot 1.. thence ?forth to the NE corner of said Lot 1, thenoe West to the MW corner of said Lot 1, to the point of a rectangular tract of land situate in the SON* of Section 2, beginning, �� '�. 5 s. , R. 91 W.. 6414. P.M., and more particularly described as follows, to -wit: Beginning at the point of intersection of the East bank of Main Elk Creek id th the North boundary line of said SIONfi in Section 2, thence South along the est bank of Barin Ilk Creek to the Borth aide of Matto private bridge where it crosses Main Elk Creek, thence East to the Nast boundary line of said Section 2, thence North to, the Is oorner of meld*lilt and thence West to the place of beginning. Together with any and all ditch. and water rights belonging to, used upon or in connection with the above deoaribetd lands, including, but not exclusive, all tete right, title and interest in and to the Clinetop ditch and in and to the Cdinetop Ditch No, 1. together with all rights, interests, easements, hereditaments and appurtenances thereunto belonging, the rents, issues and grants thereof and revenues and income therefrom, all improvements and personal property now or later attached thereto or reasonably necessary to the use thereof, all water, water rights, and water stock pertaining thereto, used thereupon, or rcasonabty necessary to the use thereof, whether now owned or hereafter acquired by Borrower, and all payments at any time owirg to Borrower by virtue of any sale, Lase, transfer or conveyance of any pact thereof or interest therein, including but not limited to payments for property taken by a ionent domain --all of which are hereinafter called said property: TO HAVE AND TO HOLD said proper ty unto Trustee, his successors, grantees, and assigns forever; IN TRUST TO SECURE the prompt payment of said indebtedness and of any advances, disbursements, and expenditures made hereunder and of any renewals and extensions of any debt secured hereby, all with interest, and to secure the performance of every covenant and agreement of Borrower contained herein, in said note(s), or in any supplementary agreement; ANI) BORROWER for himself, his heirs, executors, administrators, successors and assigns WARRAN rs said property unto Trustee for the beneAt of the Government against all lawful claims and demands whatsoever except any liens, encum- brances, easements, reservations, or conveyances specified hereinabove, AGREES TO PAY when due the indebtedness hereby secured and, so long as any such indebtedness remains unpaid, COVENANTS AND AGREES TO! (11 pay when due all taxes, Ilene, judgments, encumbrances, and assessments against said property, including all charges and assessments in connection with water, water rights, and water stock pertaining to or reasonably necessary to the use of the real property deprnbed above, and promptly deliver to the t;overnment without demand receipts evidencing such payments; 12) to keep said proper') insured as required by arid under policies approved by, delivered to, and retained by the Government; (3) maintain improvements in good repair and make repairs required by the Government; operate said property in a good and husbandmanlike manner; comply with such farm conservation practices and farm and home management plans as the Government from time to time may prescribe; and not abandon said property, or cause or permit waste, lessening or impairment of the security covered hereby, or, without the written consent of the Government, cut, remove, or lease any timber, gravel, oil, gas, coal, or other minerals except as may be necessary for ordinary domestic purposes; (4) If this instrument aeoures a "Farm Ownership" loan as identified in Farmers Home Administration regu- latloas, porno/silly operate sold property wilh ►is own and his family labor se a farm and for no other purpose, and not lease said property or any part of it, unties the Govemment ooneente in writing to another method of operation or to a lease; (S) comply with all laws, ordinances, and regulations affecting said property; (GI pay in re^ml.uree the Government for expenses reasonably necessary or incidental to protection of the lien and prioritl hereof :Ind 0i enf,rrcement of or compliance \vrth the provisions hereof and of any instrument secured hereby (whether befor,• or after dr fault), including but not limited to costa of evidence of title to and survey of said property, costa of recording this ar.ri other rnstrutuehts, attorneys' fees, trustees' commissions, court costs, and expenses of advertising, selling, and convcy.ng said property; • Book 33 1 Page 239 AND THAT: (7) any amounts regvired herein to be paid by Borrower may, if not paid when due, be pard by the Government and thereupon shall be secured hereby, bear interest pt the rate borne by said note if only one is described, or, if more than one is descr.h.d above ann secured hereby, at the tithe Lorne her the one elected by the Government in ita sole discretion, and be inimedeetely due and payable by dornrwer to the Grvesesnent without demand, at the place designated in the note; • (0) neither said property icor any portion thereof or interest thereui shall be assigned, 'old, transferred, or eneumbeeeel, .voluntarily or otherwise, without the written consent of the Government; . -(9) at all reasonable times the Govereenent and its agents may inspect said property to ascertain whether the requirements hereof are being met; (10) the Government rnay extend and deter the [Maturity of and renew and reamortise any debts secured hereby, release from liability any party liable thereon and re}ease portions of said property from and subordinate the Tien hereof, aad waive any ether rights hereunder, without sleeting the lien or priority hereof or the liability of Borrower or any other party for payirneet of said debta; (11) default ►'rounder shall constitute default under any other real estate or crop or chattel security instrument held log trio Govesament and executed or assumed by Borrower, and default under any such other secunty instrument shall estsattMtl� ds`nth hereunder; (111) 1111N,id» bURRt l W 4R, or any one of the •persons Mrem called Borrower, DEFA l' I,T In payment of any debt or peeseneasere of meg eeeenant or agreement egreby secured ce herein a)ntatned, or die or tie declared an incompetent, a bask rapt Or 1141 itrrptate.at, e► mala sit assisig it moot (ee Liu ►rwdtt of creditors. tis t;uversswent, at its opt. n, may ;al derriere •li 4.1ahereby se" urr,I inut,Miiatel) that ar.d poyabie, (hi for the account Of ltorrcwer [cur and pay reason salt e•peiavee (,i roes, or en•.nter •nee f sr, to,Oir sei.•n Of, ,.Itrate and rent caul pruperty, lc) upon application .t arwf ,• sc'llna e.( tr.a metr,Aroohr. ,r H . 'velem" time without notice of hearing of seed a'pplrcatee, have a •'• s•• auerimed (.,r .+.d pi, pert) w,,h ,re ...t. ,rowers , ( rt- riven u, nae rtioea, (d) authnrtr and ee.eseet Triesee .eros ;tray Vali Vn a ,: 4 b4 M,: •..d I r, r,. rte •• pr rr1..4 by la+ or hare;,[, end tel require eon -ewer to ettrrefder to .w4r.• 1 e .rw ww• f the t..,c..rr•r..r s.1 at-rttrcts u( titir rh«n owned by horruwrr ouverieg all or any yr( 111,; i :• peel) . o .,1 't ', i. ss Mf the r i rt.' j .r,.ably au. hut anti eml,c•wered at its ! ,er+„ n„1,, • t n:e wig•, 1',•011i, a r;„u: an,) l t.i .l in wr.t,:./ •s pt„vided by law, whereupon Trustee shall r , hie etv'1 ,•r tt r „1 ;ell atl,l .:144;r er r (sr•,•± ),., i. ry nh 1 of all li rrowrr's tight, litre arid interest thereto, at ..c aw7,j•: ut t e f1 ) :t d,,,r of rhe t (•1/e'1 none t„ 11.r cunty neat of the t our,ty where said ;, operty liter, ur nn said or any trait re, -ref, :,i .n eny 4 Uo'I t,Isre 0,4.11 •o.hor ted by law, a spfTlfled in the n,.r,.e of such sale, for the rog)rert a of L• l pen. it d rr.,1,erty w d1 Wolk. .n r••;t of secuterl credit at the .)p(i..n of the Cost tement, four weeks public meet. having ere n tree, rust/ , ', i. ,r( ttie 1.4.. stud loco ,.f touch save, ity adsert,senient weekly in eon)* newspaper of ir;ieral cur Mair, ,i at the time publii•hrd to said eourty- or upon such other tattiest as may then he required by law, and Trustee sltali ns_ . , rxecu'.e, ;.rid delieer a Certificate of Purchase, Trustee's Deed, or Certificate of Redemption in the runner provided by law, t., toe i.erson ..-nt,tleo thereto; (14) at foreclosure or other sale of all or any part of said property, the Government and its agents may bid and purchase as a stranger and may pay the Government's share of the purrhase price by crediting such amount nn any debts of Burrower owing to or iteured by the Goverr,m.-ret in th'r order prescribed in paragraph ( 151 ; (15) the pi tweeds of foreclosure sale, af,ei bring applied to the payment of costs and expenses incident to enforcing or complying with the provisions hereof, any prior liens required by law or a competent court to be an paid, and all indebteo- r►es.s secured hereby, shall be applied in the following order to the payment of: (a) inferior liens of record required by law or a competent court to be so paid, Ib) at the Government's option, any other indebteilnps of Borrower owing to ni insured by the Government, and Irl any balance to Hoi rowei , (16) all powers and agencies granted in this instrument are coupled with an interest and are irrevocable by death otherwise; and the rights and remedies provided in this instrument are cumulative to remedies provided by law; (17) as against the indebtedness hereby secured, with respect to said property, and to the extent permitted by law, Borrower hereby relinquishes, waives, and conveys all rights, inchoate or consummate, of descent, dower, curtest', home- stead, valuation, appraisal, redemption, and exemption to which Boseower is or becomes entitled under Ube law* said constitution et the jurisdiction where said property lies. (1e) this iestrement shall be subject to the present regulations of the Fernier* Home Administration, and to its future regulations not inconsistent with the express provisions hereof; (19) notices given hereunder shall be sent by certified mail, unless otiysrrtee required by law, addressed. eatil some other address is designated in a notice so given, in the ease of the Oovernnwht to Farmers Hoes Administration, United States Department of Agriculture, at Denver, Colorado, and in the case of Borrower to hint at his post office address stated above; (10) Borrower has assigned or waived or will immediately, on request of the Government, assign or waive in favor of the Government all gracing privileges, permits, licensee, or leasee appurtenant to er seed in connection with said land. and Borrower further tenements and series to procure renewals thereof prier to their expiration and to pay all fees and charges and to perform all acts and do all things necessary to keep and preserve all said gracing rights and all renewals thereof, and in the event of the failure of borrower to do any of these things the Government may do w on behalf of Borrower, including advancing such sums as may he necessary for this pttrp.•se, and such funds advanced shall be 'ecu sed by flus instrument. 3ook 351 Page 21.0 wrr,tless the handle) and seal(e) of %orrower the dap and yes? inn above written. STATE! OF COI ()MAIM COUNTY OF C3flX'f1Qld The foregoing tnetrument was acknowledged before me this 2..7-th _...- day of - -,,Luxus , l9.43, t.... ;(.Iiw V [... R..... Darrel 1 • Heed ro►r L1.11laa aewd Al'kNUWI.6.UGMENT } SI : (asst.) 1)arrel. Bow. • L.IU tea i•e d , his wife. and ►O •1].34 lay eoemmie ion expires: lesComminies apices !m. 11, Filed for record June 27, 1963 at 4:37 o'clock P.M., Book 351, Page 237 thereof.