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HomeMy WebLinkAbout1.0 ApplicationBEFORE THE EOARD OF COUNTY COM1 SS l ONE RS OF likARFIELD COUNTY, COLORADO 1 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 Z..7 Board of County Commissioners of Garfield Courjty, Colorado, to exempt by resolu- tion the division of/7, 7,/./ acre tract of land into respectfully petitioners the tracts of approximately.5,.9 &' 94/p,7?,/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 (10) (a) -(d) and the Garfield County Subdivision Regulations, for the reasons stated below: /�F C►�/ es re d /4.) e.426e 1' 0/.57 7'C /�� -S ,4e•O1 S , dMe In support of this petition, the petitioner also submits the following: Map drawn to scale showing proposed lot subdivision and access. Copy of deed Vicinity map Statement on source Statement on method 100 year floodplain live stream crosses Evidence of the soil types Copy of Assessor's map showing the property Practical description ofproperty location i of domestic water -1)//, /, of sewage disposal Sep'r . s-ysr information where or adjoins said tract ':d: Fee in the amount of $ 08 .C)Q created K. $200.00 fee for each n Submitted at Glenwood Springs, Colora M'Ie. T O p�2.nei,�re_ o 4'4141. Mai ing Addres /f (L -e-i 7 e_ / 4 v d°/� 3 5 Telephone Number • • 41 ,r F u n'' i Ili wrrr✓irGrrr✓✓✓✓✓✓ .. / J 1 �'1e -.•••••=. / / 7) 1 n13 >e 3 C, o� I� Ho • rN ° • N �r E o C d . ., h t • /. k‘•• ,•• N1 O • • BOOK 528 ME 91 corded at o'clock 2.94O24 1 Reception No. 2 Mild_�edAlsdorf, Recorder MAY 0 1979 M MAY 1 0 1979 _ 1979, SIM PPCIM!TARY FEE SPECIAL WARRANTY DEED 1I6. THIS DEED, made this 10th day of May between BESSIE E. LINDAUER, of Grand Valley, County of Garfield and State of Colorado, of the first part, and JOYCE RISLEY, P.O. Box 271, Grand Valley, County of Garfield and State of Colorado, of the second part; WITNESSETH, That the said party of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, to the said party of the first part, in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, 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, her heirs and assigns forever, all the following described parcel of land, lying and being in the County of Garfield and State of Colorado, to -wit: A tract of land in the Northeast 4 of Section 13, Township 7 South, Range 96 West of the 6th Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at the Northwest Corner of the tract, from which the Northwest Corner of Section 13, Township 7 South, Range 96 West, of the 6th Principal Meridian bears N. 57°06'50" W. 3281.32 feet; thence S. 34°13' E. 685.29 feet; thence N. 48°02' E. 595.44 feet; thence N. 57°16' E. 195.03 feet; thence N. 43°42' E. 138.82 feet; thence N. 29°57' E. 193.42 feet; thence N. 00°15' W. 69.50 feet; thence N. 51°38' W. 230.86 feet; thence N. 56°58' W. 284.73 feet; thence N. 87°48' W. 305.91 feet; thence S. 38°02' W. 124.16 feet; thence S. 38°09' W. 619.09 feet to the point of beginning. The above tract of land contains 17.734 acres, more or less, together with an easement, 138.82 feet in width, to the Colorado River, and more parti- cularly described as follows: beginning at the Northwest Corner of the tract, from which the Northwest Corner of Section 13, Township 7 South, Range 96 West of the 6th Principal Meridian, bears N. 57°06'50" W. 3281.32 feet; thence S. 34°13' E. 685.29 feet; thence N. 48°02' E. 595.44 feet; thence N. 57°16' E. 195.03 feet to the Northwest Corner of the easement; thence along the Northwest boundary of the easement N. 43°42' E. 69.41 feet to a point bn the Easterly 7.724 acres • • BOOK 528 ME 92 and a point at the beginning, and center line, of the easement; thence S. 46°18' E. along the center line of the easement, and to the -intersection of the Colorado River. Said easement is for access to the Colorado River, for the purpose of fishing and boating. Together with 17/30 c.f.s. out of the first party's water right in the Van Horn Ditch. Reserving unto party of the first part one-half (/) of the oil, gas and other minerals under said property, together with a right of way 50 feet in width, being 25 feet on each side of the center line of the Van Horn Ditch as it crosses the above described property. (12®�aln.� F, (Vacant Land) Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto JOYCE RISLEY, the said party of the second part, her heirs and assigns forever, subject to patent reservations, easements and rights of way of record and in use. And the said BESSIE E. LINDAUER, party of the first part, for herself, her heirs, executors and administrators, does,covenant,grant, bargain and agree to and with the said party of the second part, her heirs and assigns, the above bargained premises in the quiet and peaceable possession of said party of the second part, her heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said party of the first part to WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said party of the first part has hereunto set her hand and seal the day and year first above written. BESSIE E. LINDAUER • STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) 1 BOUK 528 PAGE 93 .The foregoing instrument was acknowledged before m,"this 10th day of May , 1979, by BESSIE E. LTNDAUER. My Conitssion Expos Qi rc514,1981 -- %My commission expires ,\,• . . •, •• z1 -.p.m,. • "_WITNESS MY HAND AND OFFICIAL SEAL. No y Public • • IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. 79CW332 IN THE MATTER OF THE APPLICATTION FOR WATER RIGHTS OF JOYCE RISLEY IN THE COLORADO RIVER IN GARFIELD COUNTY FILED IN WATER COURT' Division No. 5 MAY23;99`0 S AT5 OF COLORADO �_. . w.AT,'7 CL E.PK BY DEPOT r RULING OF REFEREE The above entitled application was filed on December 21, 1979, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 12th day of January, 1980, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, Known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. 2. The name of the structure is Joy -Ridge Well No. 1. 3. The name of the claimant and address is Joyce Risley; P.O. Box 271; Grand Valley, Colorado. 4. The source of the water is a well having a depth of 24 feet, and being tributary to the Colorado River. 5. The well is located in the NWQ SEn of Section 13, T. 7 S., R. 96 W. of the 6th P.M. at a point 1,820 feet north of the Southline and 2,300 feet west of the Eastline of said Section 13. 6. On December 29, 1975, in Case No. W-2779, the Water Referee for Water Division No. 5 awarded to the Joy -Ridge Well No. 1, an absolute water right for 3,0,73 cubic foot of water per second of time and a conditional water_right for 0.319 cubic foot of water per second of time, to be used for commercial, domestic, fire pro- tection a tion purposes, wiEh appropria ion •a u y 7, 1 . The claimant was diverted'to file an application for quadrennial finding of reasonle diligence in the development of the conditional portion of the Decree in December of 1979 to maintain the conditional water right in full force and effect. This Ruling of the Referee was confirmed and made a Decree of the Court on April 26, 1976. 7. On December 21, 1979, the claimant filed, in Water Court for Water'Division No. 5, an application to make absolute a conditional water right, in which it is requested that the 0.319 cubic foot -of water per second of time previously awarded conditionally to Joy -Ridge Well No. 1, be made absolute and unconditional be reason of the completion of the appropriation and application of the water to beneficia]. use. In support of this request it is stated by the claimant that a pump has been installed in the well of sufficient size to produce the total amount of water adjudicated to the well. A sprinkler system has been installed and the water was first applied to beneficial use to irrigate 17.724 acres in April 1976. • • 79CW332 The Referee does, therefore, conclude that the above entitled application should be granted and that 0.319 cubic foot of water per second of time, date of priority, July 17, 1974, decreed conditionally to the Joy -Ridge Well. No. 1, for commercial, domestic, fire protection, and irrigation be made adsolute and unconditional. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304 CRS 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this 03 day of , 1980. No protest was filed in this mate;. The foregoing ruling is corfirrec' and approved, and is remade the Judgment and r,) crewe �a? thi t� rl . Dated: < <' fr WATER JuD BY THE. REFEREE: Wats Referee Water Division No. 5 State of Colorado C. E 7gdcn64) J.C./1`8 0om(6) Payton ,f Br/nkerho /f eto/. 3-3-L l/nion Oi/(54,rfmce //f. Co. /2-11-6B f, Co /z -9-68 Ca 1' fIL SE2 .5rA' kerhoff efc7/. 3- 29 -GG 5.C- 0/00E32 'eerhof{ ,Or/y, 3/4 7 O// of nil/ f. %y 3 -3/-(06- lin/c77 O/% o f CQ /1.74 rcE STAN MMC/ ,4qY Prii2Xeerhof /-.5/oss 3rio -ems r 7,5 C.6. /NYES =-Z4 ES 4-R c 4 A' /4AH4F Er “706k) -y✓Ass rcN 2- 4 f%t7h/ to ":2, tie /V. 3 - 3 -4,5 -1/1/c'7 CY/i c f C, S -2S-65" Zr / 1441-4F/EY ', /GRAND r/f1LLE1'r-� 1 CA) (BXc) CA) T BATTLE LO, Cgli . 12-x2.6 3 BA A-sA �c n -9-69 EAT 7A/ Ge/azide o /ward Pan. Aft -h. r22/O57A .5/7ofre /-23-67 (n 41Y of/ /2 -/?-1'3 2/NDAP Cn//f. Co, /2-3-63 084 7ff / %4 Coffey -Clough Eshe a fch Der, Co. 2. 9 -log 5'PE,ee y CQ//f. Ca, /2- /-413( Owner /p L/NDAUE Ynfs af1,7 ' C4 'f Ca , / 2 3 -63 - if GA,e' VEA? Ca/, ea. J.W.SAVA� E ETAL LTE '/ Ca -6.s iA - 7 3-/2 22702A 68 co, c.o. Wetsgtc 3-5-61 E. C.. MOOR E/VT Jo, co, 4,47 LD, CO, Wasatch 2-9-41 'L EMEN LO A/ Rao. A m; W45a tch A-%q°t%8 /-25-7/ ti x R 0 • CO, of %B� 222 8/ 3 WERE JJo,eL 1-1/4307 J WosQtc 3-25-71- /-3/-tq A,NI. ALtL2S0N Plaza tch - z-5-49 W •5AYAGE ETAL - a //'f, Co , !/z - /- 9- 41 .c,w Weis 0 3-zs /f V,Az gAYWARe.) ST,e00.e- LEV/Nc•t9/ . . ,;r,2o k LEY//V eta/ Ve///e "ay.,.a rd i✓ eP.`n,gm USC -071 S 7 2 f q i/o l e 72_/fq yu q r� , 7/, Q vo 4e e tat A4 TA/ 0 CORP, Un/on 0,/ 5S to V/2. HA Y WA RD .Sa ✓a 9e - 90 4/0 ✓.L . H4ynrard /O% John i'Joan 3gvage 1S% . 50. 1,`") /on' /Z M, cq,P 11i./12f/ir9ton Hartford cm, -123o Z//6)7 /2 et 7/8 /-21-67 C7,/ Co 2/ 2.5A A/An M. 57'rook 2/.25t. _oma PUB[./G OCA -114,1A./ v.s. C- D/ODS/ t 1 r/nkerhoft Prq, Co. 34 Unt'on_ Oi/ of Calif /q 3-3/-loS GA TSS de f/Ay.vQr� Arn Pt, zz/os7A t '/a /-23-67 n. Viiia/ Haytt)d,r/ D \ �' C/qu Pqn 4// o 7- A v,5. '/2. ,5aYa9te I/12 - Union 57/$200A'-• LEY/4 of a/, Y. R. //cry..w qr ,e_ SQ vo yee 909 ✓,L.//aywc-d-/oma, v, S. c-o/c075-.4 5c+, Union H./3,P, 5-3/-(5 MA 47,20k (1/ NAME: EXEMPTION PURPOSE OF EXEMPTION 1/' ZONING: QUALIFICATION FOR S.B. 35 LOCATION OF SITE:/ X -y-2; WATER: �L�Dcz,��d'p�-L�� - c Gz DIV. OF WATER RESOURCES RESPONSE:a SEWER: CHECK LIST: X FEE PAID (550 +1.00/acre for each parcel created under 35 acres) MAP showing proposed lots and access T J 9� DEED i� iC...i�'��3 X VICINITY MAP 100 yr floodplain info.s-e7 SOIL MAP IF community water, letter of approval from governing body tCOMME TSS: / &__e__c_.,<1,4 .e_.2,z_..._2. 7:z_a_:;toz. o!, .ice, .r.—irr%t'�"�4 fr 4r- a( ,�2p ..- .• - %� A3 - `� R-13PRC L- R f * -9- /02-9C2J2-c- 2._,2---e-& gc-f e eco., h c rips 6,c1 s 0.--c 69 / 44-tiLD - p min locoinci ana too �2)p er � �� WRJ-5-Rev, 76 • LORAD • DI ! pplication must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 • PERMIT APPLICATION FORM • FOR: ( A PERMIT TO USE GROUND WATER A PERMIT TO CONSTRUCT A WELL A PERMIT TO INSTALL A PUMP (X) REPLACEMENT FOR NO. 71.:7-1/,12.0 ( ) OTHER WATER COURT CASE NO RECEiVc(3 SEP 23 1981 .--"---yrxreN RESOURCES STATE ENGINEER COLO. (1) APPLICANT - mailing address NAME c.! D)/(� Cr 47/.5 Lf STREET CITY P/912,40 h -1Te (o x/436- (State) (Lip) TELEPHONE NO s 7Z39 (2) LOCATION OF PROPOSED WELL County 6 "IA '{/•6 �C� AJW of the S e Y., Section 4? Twp. 75 , Rng. � 6?/f N.5 (E,WI P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) /6 V .p, 4 . Average annual amount of ground water to be appropriated (acre-feet): /2.Z he.ss T44,y / Number of acres to be irrigated: L.4prNs ce 4./2 d t tJ Proposed total depth (feet): /e,o '%G Aquifer ground water is to be obtained from: ea .c 012.,56 d o /0 R.r v P Z. Owner's well designation $4" / GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY (X) DOMESTIC (1) ( ) LIVESTOCK (2) ( ) COMMERCIAL (4) - no irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) ( 1 OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Street /t4d' A4 R- ?4,4 L R 111 7153 City 494/19/Z 4o /osa (state) (Zip) Telephone No.3. 4- 7'78 Lic. No 989 FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No /94,41-7.../ Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. AFPROVED AS A REPLACEMENT- OF WILL NO. THE EXISTING WELL MUST BE PLUGGED AND ABANDONED ACCORDING TO THE REVISED AND AMENDED RULES AND REti ULATIONS FOR WATER WELL AND PUMP INSTALLATION CtJN T RACTORS. THE ENCLOSED AFFIDAVIT MUST BE SU;3M) T I ED WITHIN SIXTY (60) DAYS AFTER THE CONS T RUCTION OF HE NEW WELL, AFFIRMING THAT WELL NO.2% 4z. WAS PLUGGED AND ABANDONED. OWNER'S COPY APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE 71*2Atl SEP 281 i BY I . D v COUNTY 23 } (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be ted on the diagram below. Use the CENTER SECTION (1 section, 0 acres) for the well location. + — -t- — -{- — }- — -+- — + — -{- — {� 1 MILE, 5280 FEET Y + -1- -I- + -,- +- I — — + NORTH SECTION LINE I NORTH + - + --f- + 4 4 -E I I I 1 4---I- — f — -I- — + — -I-- — -I- - — The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. -- WATER WATER EQUIVALENTS TABLE (Rounded Figures) An acre•foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot . , . 43,560 cubic feet ... 325.900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (6) THE Vy L MUST BE LOCATED BELOW by dist from section lines. a7Q.:32i0 ft. from JO.G,'%ij sec. line (north or south) .7.2 Q ft from LOT SUBDIVISION ,5.19--5 7- sec. Iine (east or wost) FILING* (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: �OxeE As e No. of acres S . Will this be the only well on this tract? yes (8) PROPOSED CASING PROGRAM Plain Casing ��T g.4- S a in from f / ft to /C, ft ,/ 1,¶ '%/`ci ?' in. from 'tj/ ft to �� ft Perforated casing '74/ p �in. from c Jv ft to /' 42 ft in from ft to ft (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: .}.v /f) Til (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s):-�1TO)'CE X2, S' / / No.//of acres: Legal description N, /1 cS.L �� See /3 / 7S , 99 K/ o -f p Td P. /N . (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal �yis,tie�m� 7to be used. -7,41,4)C •s. e pT/ G /k' e Axe,�j T/ 0.1Q/ ripst4., !A&4t.G L.9WA) 4 y Axic. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. '� '/ Type or right Used for (purpose) Description of land on which used j9,,) K/BQA% d1r lj //l/2tRT/Q /96/2e-� /o e -s (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SIGNATUL/CANT(S) Use additional sheets of paper if more space is required. u _ ) 4_ _- - EAST SECTION LINE I ' -- - 4 - - ' m 9) 0 c(11 ITU crrTIrinM 1 ,sic + - + --f- + 4 4 -E I I I 1 4---I- — f — -I- — + — -I-- — -I- - — The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. -- WATER WATER EQUIVALENTS TABLE (Rounded Figures) An acre•foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot . , . 43,560 cubic feet ... 325.900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (6) THE Vy L MUST BE LOCATED BELOW by dist from section lines. a7Q.:32i0 ft. from JO.G,'%ij sec. line (north or south) .7.2 Q ft from LOT SUBDIVISION ,5.19--5 7- sec. Iine (east or wost) FILING* (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: �OxeE As e No. of acres S . Will this be the only well on this tract? yes (8) PROPOSED CASING PROGRAM Plain Casing ��T g.4- S a in from f / ft to /C, ft ,/ 1,¶ '%/`ci ?' in. from 'tj/ ft to �� ft Perforated casing '74/ p �in. from c Jv ft to /' 42 ft in from ft to ft (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: .}.v /f) Til (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s):-�1TO)'CE X2, S' / / No.//of acres: Legal description N, /1 cS.L �� See /3 / 7S , 99 K/ o -f p Td P. /N . (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal �yis,tie�m� 7to be used. -7,41,4)C •s. e pT/ G /k' e Axe,�j T/ 0.1Q/ ripst4., !A&4t.G L.9WA) 4 y Axic. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. '� '/ Type or right Used for (purpose) Description of land on which used j9,,) K/BQA% d1r lj //l/2tRT/Q /96/2e-� /o e -s (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SIGNATUL/CANT(S) Use additional sheets of paper if more space is required. r • SPECIAL WARRANTY DEED THIS DEED, made this sixth day of November, 1981, between JOYCE RISLEY, of Parachute(formerly Grand Valley) County of Garfield and State of Colorado, of the first part, and JACQUELINE HATMAKER, Parachute, County of Garfield and State of Colorado, of the second part; WITNESSETH, that the said party of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, to the said party of the first part, in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, 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, her heirs and assigns forever, all the following described parcel of land, lying and being in the County of Garfield and State of Colorado, to -wit: A tract of land in the SW1/4 NE1/4 Section 13, T.7S, R.96W., 6th P.M., Garfield County, Colorado, and more particularly described as follows: Beginning at a point on the Westerly Line of said tract, whence the Northwest Corner of Section 13, T.7S, R.96W., 6th P.M. bears N57°06'50"W a distance of 3281.32 feet; thence S34°13'E a distance of 685.29 feet; thence N48°02'E a distance of 308.31 feet; thence N34°13'W a distance of 740.82 feet; thence S38°09'W a distance of 320.56 feet to the point of beginning. The above tract of land contains 5.00 acres more or less, together with an easement, 20 feet in width, and more particularly described as follows: beginning at the Northwest Corner of the tract, from which the Northwest Corner of Section 13, Township 7 South, Range 96 West of the 6th Principal Meridian, bears N. 57°06'50" W. 3281.32 feet; thence S.34°13' E 685.29 feet; thence N. 48°02' E. 308.31 feet to the Southeast Corner of the easement: thence along the South east boundary of the easement N. 48°02' E. 287.13 feet; thence N. 34°13' W. 20 feet; thence S.48002' W. 287.13 feet; thence S. 34013' E. 20 feet to a point of beginning. Said easement is for access to an existing roadway now in place and in use. Reserving unto party of the first part the right of first refusal to purchase said parcel of land upon such terms and conditions as party of the second part may extend in the future to third parties not privy in this agreement. Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto JACQUELINE HATMAKER, the said party of the second part, her heirs and assigns forever, subject to patent reservations, easements and rights of way of record and in use and to taxes for the year 1981 due in 1982. • • Page -2 Part of Special Warranty Deed dated November 6, 1981 And the said JOYCE RISLEY, party of the first part, for herself, her heirs, executors and administrators, does convenant, grant, bargain and agree to and with the said party of the second part, her heirs and assigns, the above bargained premises in the quiet and peaceable possession of said party of the second part, her heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, throught or under the said party of the first part to WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said party of the firstpart has hereunto set her hand and seal the day and year first above written. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. The foregoing instrument was acknowledged before me this ��� 7/ day of / , 1981, by JOYCE RISLEY. My commission expires; WITNESS MY HAND AND OFFICIAL SEAL. Notary Public )4 !3 T. 7 5. R.96 W. 6TH. P. M. • March 31, 1974 Paul R. Linc`uuer. Grand Valley, Colorado A tract of lane in the SWI/4 NE1/4 Section 13, T.7S., R.96W., 6t:: P.t1., Garfield County, Colorado, and more particularly described as follows: • �U►( �p PAGE bU� \ le" .cn Q Beginning ;:t a point on the l;esterly Line of said tract, whence the Narthwes: Cerner of Section 13, 1 .7S. , i;.v6W. 6th P.i1. boar :.7°Obe50 �W a distance of 3231.32 feet; thence S3•.°13,i. a distance of 685.29 feet; thence 1448°2,E v dis:alce of 302.31 feet; thence t:34°13,V a distance of 740.52 feet; , thenc.• S'S'3C9 `•': a distance of 32.56 feet to the point of beginning. The above tract of land r,ontains 5.00acres more or less;. This is to certify that the above plat was prepared from field notes of actual surveys made by me or under uv supervision and that the same are true and correct to the best of by knowledge and belief. EXHIBIT A . f. . di 11 d :1 J." r, Colo. L.S. 3)9: ki sssmelee AUG * 9 1984 DIANE H. SMITH, TRUSTEE whoa a kleme is P. (J. Box 58, Aspen, CO 81612 o O fenny -ef r sed-tltsl►Q for the owesideselbs el Te n and other valuable consideration dollars/ in band paid, hereby eell(e) and .osteT(.) b JOYCE RISLEY whoa. I..emi mddr... u P. ' 1 . pox , Parachute t116 i AU Oslo Des. les Qeertr-el rae6 WaM wf the followjn5 rani property in the t'ountr of Garfield and lint. of Colorado, to wit As described its Exhibit A attached hereto 4Dl swtees eeseen eswhsr with all ita appurtenance. and warrant(.) the title against all persons claiming under (me) t*f►. subject to general real estate taxes for 1984; and reservations, exceptions, easements and restrictions of record. Signed and delivered thia //IA IA dsy sf Lk ay , 1984 In thr presence of STATE OF COLORADO, county of Pi tk i n .1 r Pt , , t Diane H. Smith, Trustee The foregoing instrument wee acknowledged before me this /04 day of %"C y 1984 by Diane H. Smith, Trustee. My COMMis.ioo empires 1-1614; % \ •- ime q hard IBA #1,41 asst. Ns, 9N. M. 'la. mom eawasn eon nos Fem.- s..m..1 aem,.s.s ions w ru., Lammed Mash. - n.» Inti...— .st CF I • sox 653 *AIM A Tract of lend in the Northeast ens -quarter of Section 13, Township 7 South, Range 96 West of the 6th P.N., Garfield asunty. Colorado, described as follows: Beginning at a point marked with a Set Pin and Cap stamped "LS16397". which beers S. 86'00'26" E. 270.66 feet from a 2 I.P. marked as the common corner of 'Sections 11, 12, 13 and 14, Township 7 South, Range 96 West Of the 6th P.N., thence S. ,¢0'16'00" E. 1168.90 feet to a Set Pin and Cap stoped "LS16397", being the true point of beginning; thence S. 13'12'00" W. 414.32 feet to a Set Pin and Cap stamped "LS16397"; thence Southeasterly to a No. Rebar with aluminum cap stamped "Prop Line LS2376". being at the Intersection of a north - south fent• and a fence running northwesterly; thence N. 0'49'19" E. 461.94 feet along said north -south fence, described as the property line of the adjoining tract In Book 421 et Page 240. Garfield County Records, to a No. 5 Reber with cap stamped "LS5447"; thence N. 50'16'00" W. 432.50 feet to a No. 5 Rebar with cap stamped "LS5447"; thence Southwesterly to the true point of beginning. Excepting therefrom any portion thereof described in Document No. 24129 and in DocuMent No. 73987 of the Garfield County Records; SAID TRACT FORMERLY DESCRIBED AS: A Tract of land in Section 13, Township 7 South. Range 96 West of the Sixth Principal Meridian, described as beginning at the quarter corner between Sections 12 and 13;thence South 7' East 1.83 chains; thence South 50' East 17.59 chains to a new corner; thence South 14' West 6.9 chains to the bank of the Grand River (now Colorado River); thence up said River to the Eighth line of Section; thence North 6.96 chains to land formerly owned by H. Wayne; thence North 50° West 6.65 chains to the new corner. THERE IS EXCEPTED FROM THE ABOVE, THE PROPERTY DESCRIBED IN DOCUMENT N0. 24129 AND DOCUMENT N0. 73987 OF THE GARFIELD COUNTY RECORDS and reserving therefrom to the Grantor, and her heirs and assigns, a!1 oil, gas and mineral rights in any way pertaining thereto.