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HomeMy WebLinkAbout1.0 Application• RECEIVED SEP 1 2 2006, BEFORE THE BOARD OF COUNTY COMMISSIONER OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, the undersigned 140,r 3a.Jet --2,ey respectfully petitions the Board of County Commissioners of G• rfield County, Colorado, to exempt by Resolution the division of 99'. Cp L-/ acre tract of land into tracts of approximately S o Ac., f /3. V PA c, 2 - 78.15 acres each, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30- 28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: SUBMITTAL REQUIREMENTS: An application which satisfied the review criteria must be submitted with all the following information: A. Sketch map at a minimum scale of 1 "=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; and B. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used; and /C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and 711 Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of minerals owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and 1. I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted with the application. Petitioned //‘ /517 21/6 fRa o, aI Mailing Address G4e«iwcot 5 ad F/60/ City U State Telephone Number EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at that time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right-of- way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. 2. • • All Garfield County zoning requirements will be met; and All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells with 1/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district; and F All state and local environmental health and safety requirements have been met or are in the process of being met; and G. Provision has been made for any required road or storm drainage improvements; and H. Fire protection has been approved by the appropriate fire district; and • • I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and J. School fees, taxes and special assessments have been paid. (The school impact fee is $200.00 for each lot created) PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. B The Planning Department shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Department. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedures in these regulations. 4. • • SUBDIVISION REGULATIONS OF GARFIELD COUNTY, COLORADO OF 1984 including amendments through 19 Februarry 1997. 8:00 EXEMPTION 8:10 APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following the review of the individual facts of each application, in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption request. The Board has determined that leases, easements and other similar interests in land for oil and gas facilities; and an accessory dwelling unit or two family dwelling that are subject to leasehold interest only and complying with the requirements of the Garfield County Zoning Resolution, are exempt from these regulations. 8:20 PROCEDURE 8:21 A request for exemption shall be submitted to the Board on forms provided by the Garfield County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. 8:22 The Planning Department shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners' meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. 8:30 BOARD OF COUNTY COMMISSIONERS' MEETING 8:31 The Board shall consider the exemption request at a scheduled Board meeting. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within two hundred (200) feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. 8-1 *MED JAN 2 5 2002 January 23, 2002 Garfield County Commissioners 109 8'r` Street, Suite 301 Glenwood Springs, CO 81601 Dear Commissioners, Janet and I are requesting an exemption to split two parcels from our 99 -acre farm east of New Castle for the purposes of creating a 7.86 -acre parcel & a 10.25 -acre parcel to provide home sites for two of our children. Access to the parcels will be provided by an easement through our existing property off of County Road 240. The property has been under the ownership of my father and then my wife and 1 since 1944. It is not our intent to sell either of these parcels to anyone other than a family member, although, we cannot guarantee that this would not occur. The parcel has only been split one time since 1973 and therefore should qualify for the exemption requested. Additional information will be provided with the application. Sincerely, Harley Rippy • • Harley Rippy Exemption: Property History: The property, consisting of 160.0 acres, was purchased by Elzie & Janey Rippy on January 17, 1944. Book 214/Page215 On December 5, 1967 Elzie & Janey Rippy deeded 20.36 acres to Harley & Janet Rippy, reducing the parcel to 139.64 acres. Book 390/Page 567 On January 2, 1987 Elzie & Janey Rippy deeded the 139.64 acres to Harley & Janet Rippy. Book 703/Page 594 1 st Split of Parcel after 1973: On July 31, 1998 Harley & Janet Rippy deeded 40.0 acres to Greg McKennis, reducing the parcel to 99.64 acres. Book 1081/Page 370 T.iglIGGllthis._ - of the .. County of ......... (and r ae of Colorado, of the first part, and / BETW in the year of our Lord oo ousand nine hundred and l of the County of Garfield and State of Colorado, of the second part: Witnesseth, That the said partlGr7of the first part, for and in consideration of the sum of to the said part. -.!.!r of the first part in hand paid by the said part C/ .of the second part, the receipt whereof is hereby confessed and acknowledged, ha..*7'S) granted, bargained, Bold and conveyed, and by these presents do '-' grant, bargain, sell, convey and confirm unto the said part --e-1 of the second part, /� heirs and assign�,.e� forever, aS thejollowin described lot... or parcel4_ of land, situate lying an being i the County of arfield �tatp of Colo do, to -wit: !i---,6 ' /¢f uuca� .Tu/ , / r�/c� c :0,- 6" �_ ! �t%e42 r ., ra ,d G �J ?�r.e/ ., �/s r/df e,..<7 .oma If �� c) •. e�� cu._ ted) ' r-re8 ,r� ,f`/%1 a t7 j.-,-�r/ -7, !74 f,) ea/q ¢P. , ✓,,_ • --,11,,,,, 03) •�%`c-v.,ra p .,,,$) O), ,7 / r yoJ r) r 6 /•',) �, -7- Alf J&,� Y�odJ 94. 9/a QG e . tz) e ri` � fid,- �/,',�- 1 ca.fAoc ?e. 39 �iJ 7�)e--,-.vis. Q � ( ,1-,..1 a7e.2/o s/s / 11_74,7f,, --6 a-",) /076) -�,=" uoi.o.2)wls�it?/6a,..., 64..p ��lh.� �Laur al i ° . ,,,, ` ek.d a.,r... ., c ,e � La//��y iv r . a.e �✓77r P__( ) !`may' "� �o� �ug 4.�e - d-4.4'0"04.)-es-le�.f!x6s... rl ) a/410-,-�/ /_J2c,�c/�y r�«/� 1,,,y✓ 77 ( :X,(/�,,-,,, y ry0 ! Q�ca n E_,c7 l 1.,..7/./..,4..e.e) Q--,,I.6-,7.1(-70,--i ,,a�:etArt r�<_oo e % . . 4 Aq t rr-,_✓/uu�,, 44,1 d,- 4 ILaQrm�trnAJ � `•a/- t� y�o,1/-4}-0.-01/4/1"k.,/ -e-r,-t'--%J ',Ate Fl a,2,�/Q�.cAG,...-...�` iur ��i1/�a�P �yz'-� t/CYr� �10 r>�J /6f /4j ✓ �ta�a/aM', � //++ %/ C �7x /�/ttf ! }4,-,c J�//// /' ) e�ia.C�tSLe�� 4 1 a., , -GU �_ (� // L%�f'�Lt-hJ 1 Gf l eq,c7.1,;”:... hf':7":2/ Xirrteda^L i ,O_tyf/ ��-4.- ,moi' G / 1 330 ' 5 . a A.,,..- 0_d-'--/- Together _k._ 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 part -:(-44_01 the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; To Have and To Hold the said premises above bargained and described, with the appurtenances, unto the said part.r of the second part, heirs a d assigns fore And the said_ - l ,517Q�L//g V 1 T a/r eC1. of the first part, for.:... -__...Q tj. heirs, executors and administrators, do_ covenant, grant, bargain, and agree to and with the said party, - of the second part, 1! heirs and assigns, ................................... that at the time of the ensealing and delivery of these presents, et_4_f_.1 well seised of the premises above conveyed as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha.00d right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever. anhe above bargained premises, in the quiet and peaceable possession of the said part. .of the second part, heirs and assigns,.. against all and every person or persona lawfully claiming or to claim the whole or any part thereof, the said part -CR4f the first part shall and will WARRANT AND FOREVER i•I DEFEND. In Witness Whereof, The said partof the first part ha- .:V_Q _hereunto set hand and seal .t I SIGNED, SEALED AND DELIVERED IN PRESENCE OF E -day and year first above written. STATE OF COLORADO, 11 ae. t County of_ ) -.__- ....... ...in and for the said County, in the State 1' aforesaid, do hereby certify that personally known to me to be the person whose name subscribed to the annexed Deed, appeared before me this day in person and acknowledged that signed, sealed and delivered the said instrument of writing ..........free and voluntary act, for the uses and purposes seal,this hand and oses therein set forth. � Given under myha� ..._....._......day of ! , A. D. 1TJ..... _... J ' My commission expires. 19 STAF CO ORADO, Co Y of (� A.r1'-�1 � T. n me r..._.._,"_ :_ was -- --k--- -'--' ` -' -- - ... of..,, My commis:+.n , 1Nexpires / . P 2-..i' ... 1 Witness my and an o cial seal. La4r4 i1i.r�t..r - 4.4.e4%. Nornnn P,:uc. Filed for record this - . day of t% / fit- _ , A. D. 194' 41, at.I' I D o'eloc� By @CORDER. /r�!//y/�1/..- ... ' DEPUTY. at alaak A ,,, D. 11. 1962 Book 390 NO 239689 Chas. '8.' Keegan , Page 567 ' Tuis IUz u, ¥1a this 5th day of Deceaber inthatiSratourLergosethousssdnlsehun4eden& Sixty -Seven ELZIE J. RIM RTpI?4i also,.kncwn NN E. of the Coilptyof Cart iej.d and State of Colorado, of the first put, end --Haan D. RIPPY and JANET GAIL RIPPY Vat IMY !Q 0 _ tl 13a of the County of Garfield and State of Colorado, of the second part: WITNESSBTE, That the Bald party of the first part, for and in consideration of the sum of Ten Dollars and other valuable consideration DOUth et to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof la hereby confessed and acknowledged. ha a granted. bargained. sold and conveyed, and by these presents do es grant. bargain, sell, convey and confirm unto the said parties of the second part, their heirs and aeaigas forever, not in tenancy In conunon but in joint tenancy, till the following described lot or parcel of land, situate, tying and being in the County of Garfield and State of CW%x. o,to.wit: A tract of land located in the SgkNEk of Sec. 33, Tp. 5 S., R. 90 West of the 6th P.M. containing 20.36 acres, more or leas, and described as follows: Beginning at Corner No. 1, a point whence the Ek corner to said Sec. 33 ,..bears, S. 80°30'00" 5...379.99 feet; thence to Corner No. 2, N. 26°12'9" West .132ui "'%et; thence to Corner No. 3, N. 18°23'00" W. 94.69 feet; thence to Corner '610:'44f.11 X08°59'00" W. 276.62' feet; thence to Corner No. 5, N. 18°44'17" E. 340.0 $ qt; thence to Corner No. 6, N. 21°45'00" W. 78.91 feet; thence to Corner No. `iy.bl. 08°37'18" W. 66.85 feet; thence to Corner No. 8, N. 70°45'16" W. 9'1`6:feft'; thence to Corner No. 9, N. 52°48'11" W. 152.99 feet; thence to Corner $ .Yi10j.41.:41°38'55' W. 208.47 feet; thence to Corner No. 11, N. 24°39'27" W. 248%69Etlet; thence to Corner No. 12, N. 15'44'21" W. 123.58 feet; thence to 4oE$r'`,No. 13, S. 84°53'23" W. 391.31 feet; thence to Corner No. 14, 5. 00°44'24" E. 1249.04 feet; thence to Corner No. 15, N. 89°12'10" E. 869.66 feet; thence to Corner No. 'i, the point of beginning, N. 72°54'17" E. 72.34 feet, together with 0.8 cubic feet of water per second of time decreed to Spion Kop Ditch. being Ditch No. 91A in the decrees of the District Court of Garfield Count Colorado 1n Water District No. 39 in the State of Colorado, being 0.5 cubic feet of water per second of time out of Priority No. 210 thereunto awarded and 0.3 cubic feet of water per second of time out of Priority No. 213A thereunto awarded, and together with an easement or right-of-way from a shed located at Corner No. 7 hereinabove referred to, and extending easterly 600 feet, more or leas, for the maintenance of a pipeline and cistern and to haul water to the sane; reserving unto the grantor herein an undivided one-half (k) interest in and to all minerals end mineral rights of every kind or character, together with the right of ingress and egress for the purpose of mining for and removing the same, and reserving also an easement or right-of-way 40 feet in width off the West side of the tract above described, and from Corner No. 13 to Corner No. 14 above referred to for road and utility purposes of every nature. * - Together with the corresponding carriage rights in said ditch. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging. or in anywise eppextplab+g. *nd the ravereloa and reverelons, remilnder and remainders, rents, issues and profits thereof; and all the estate, right,tlte, interest, claim and demand whatsoever of the raid part y of the first part, either in law or epulty, of, in and to the above bargained premises, with the hereditamenta and appurtenances. No. 7Wg.w.spitssTr.DEED-T° Joint T!°a°1..-5,301to.*U bb ,O p,k,Una Comw°r, 182440 stout eu.,t. Dam, Comrade Book 390 Page 568 TO RAVE AND TO HOW the said vague above barg*Uiod and deicrft ed,;with the Wputsaaaeo. uata the said wutlee of the second part. their balsa sad anal u facoier. And the sold part y of the Ant psete tui hLu self, his ,,. hetem esscuWra, and adridsdetratots, doeacoveslsllt. grant, Unpile and agree to and with the raid parties of the second part, their heirs and soigne, that at the time of the enameling and delivery of these presents. he is well seized of the premises above convoyed, es of Rood. sure, perfect, absolute and indefeasible capita of inheritance in law, in fee alma*, sad ha a good rights full power and lawful autbority to grant. bargain. Boa and convey the same in mama; and form aforesaid. and that the same are free and clear from ell former and other grants, bargains, sales. liens, taus, assessments and incumbrances of whatever kind or nature. in t to the crib except patent a to generaletaxeeafordthe yearU. S. 1967,Pdueoand payableoin 1968, des- cribed property; and to g which grantors herein eaeuwea and agrees to pay. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, againat all and every person or parsons lawfully claimingD Q or to R NDhe hole or any timet theme' the said part y of the first part shall and will WARRANT and IN WITNESS WHEREOF. the Bald part y of the first part ha a bereunto set his head seal the day and year first above written Signed, Sealed and Delivered in the Presence of STATE OF COLORADO. Ha Thadoregeing instrument was acknowledged before me this day of Deceber ,,ggSla,�tiyI Elsie J. aippY ,1s7G7.Witasasmyhandandofficialeeat..3 stein' gyuisaion expires RAI 99, . cOw„%A� Tt leo. ;aa,r*,*'county of Garfield 111 .. fg�BP • v � ^.'Y.!1'i�...��?Y"fi....�.: r..r..NY,iW^.T.Yr. ol'ARy (At • p • 4.1111 cv z paean or parsons here Wert came ot aims *ma at, lama Y QHutar. eao.ner.hyteet w other ottte4, 88 Rhe ereetdeot or other oteke.a ot such wows raely. it er Dumas Hilts CO •earreeetetl.e at! Wel le *Oh tepeoar or dsH stnos It kr Whew or memos pq. WO co.poreroo. eemiue./E' Recorded ' o'clock... J .. .M JAN i 4 17 Rscspttoo Ne_aMS*2 MILDRED *MORA. RECORDS$ 0 tPFit ID COUNTY, COLORADO SutT CLAIM DEED ^� 7O3 r* 594 GARRELD It. we a «� MIS DEED, made this"_nd day of January. 1987. between E.J. RIPPT AND JANET D. RIM' of the County of Garfield and State of Colorado. Grantors, and HA.RLEY DOW HIPPY, SR. end JANET C. RIPPY, as joint tenants. whose legal address is517 - 240 Road. Glenwxmd Sorings - , of the County of Garfield and Stats of Colorado, Grantees, W1TNBSSETII, That the Grantors. for and in consideration of the sum of ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, have remised. released. sold, conveyed and QUIT CLAIMED. and by these presents do remise. release, ae11, convey and QUIT CLAIM unto the Grantees. their heirs, successors and assigns. forever. all right, title. interest. claim and demand which thy. Grantors have in and to the real property, together with improvements, if an:. situate, lying end being in the County of Garfield. State of Colorado, described as follows: An undivided one-half interest of the NW}SEf and SEISI:}. Section 28 and the E}NEf of Section 33. Township 5 South, Range 90 West of the 6th P.M., excepting therefrom that parcel of land described in Deed recorded as Reception No. 239689 in Book 390 at Page 567 of the Garfield County records,'which excepted parcel is that part of the above described property lying westerly of the following described line: Beginning at a point whence the East quarter corner of Section 33 bears South 80'30' East 379.99 feet. thence North 26'12'9" West 132.13 feet, thence North 18'23' West 94.69 feet. thence North 8°59' West 276.62 feet. thence North 18'44'17" East 38.86 feet. thence North 21'45' West 78.91 feet, thence North 08'37'18" West 66.85 feet. thence North 70'45'16" West 9.20 feet, thence North 52'48'11" West 152.99 feat, thence North 41'38'55" West 208.47 feet. thence North 24'39'27" West 248.69 feet, thence North 15'44'21" Wast 123.58' feet to the North line of said SE}NEk. TOGETHER WITH all water and water rights and ditch and ditch rights appurtenant to said property. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining. and all the estat. right, title. interest and claim whatsoever of the Grantor. either in law or equity. to the use and benefit of the Grantees' their heirs and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above. STATE -0F COLORADO ) ... ) 68 COUN2'T OF GARFIELD ) The foregoing instrument was acknowledged before me in the County of Garfield, State of Colorado, this 2nd day of January, 1987. by 1..J. Rippy and Jamey D. Ri,ppy• WITNESS my hand and official seal. My commission expires: 4/12/88 errgktlic • I111111111111111111111111111I111111111 II11111111111111 529742 07/31/1998 04 09P 91081 P370 M iiL5D0RF 1 of 1 R 6,00 D 16.00 GARFIELD COUNTY CO WARRANTY DEED THIS DEED, Made this 31st day of July , 1998 , between HARLEY DOW RIPPY, SR. AND JANET G. RIPPY of the said County of GARFIELD GREG NCKENNIS and State of COLORADO , grantor, and whose legal address is 1270 240 ROAD GLENWOOD SPRINGS CO 81601 of the said County of GARFIELD and State of COLORADO , grantee. Doc Fee: 16.00 WITNESSETH, That the grantor for and in consideration of the sum of ONE HUNDRED SIXTY THOUSAND & 00/ 100 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted. bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: NW1/4SE1/4 Section 28, Township 5 South, Range 90 West of the 6th P.N. COUNTY OF GARFIELD STATE OF COLORADO TOGETHER WITH, BUT WITHOUT WARRANTY, ALL WATER AND WATER RIGHTS AND DITCH AND DITCH RIGHTS AND MINERAL AND MINERAL RIGHTS APPURTENANT TO SAID PROPERTY. also known by street and number as: 1517 240 ROAD, GLENWOOD SPRINGS, CO 81601 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what- snnycr of_the grantor, either in law or equitg,.of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs end assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has 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 ars free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 1998, not yet due or payable. The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth C?tee/ a,WJ/4/ 4,7/ - BARLEY DOW RIPPY S • JANET G. RIPPY State of COLORADO County of GARFIELD KRISTINE LEAHY NOTARY PUBLIC STATE OF COLORADO I,'/ Ccrsrtssion Expires Sept 10, 2000 The foregoing instrument was acknowledged before me this 31st day of July . 1998 , by BARLEY DOW RIPPY, SR. AND JANET G. RIPPY My commission expires September 10, 2000 Witness my hand and offeeial seal. Notary File No. 911028314 Stewed Tale ul Glenwood Springs, Inc. No. 932A WARRATTY DEED (For Photographic Record) Rev. 9/97 Return to: lireg 1`tct.ennls 1270 240 Road Glenwood Springs, CO 81601 BOY • • • Faas Ranch Annexation Faye Faas • • 25 Greg Mckennis Rood No. 240 Greg McKennis • • • • • • • • H. Rippy Greg McKennis H. Rippy M Rippy West Canyon Tree Farm J. Senor NIERSTAIE a • t-urm NO. vrri'. i yr I I -I V.. r i c `1.v11.1L-L-11, GWS -25 COLORADO DIV N OF WATER RESO 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT WELL PERMIT NUMBER 234323 DIV. 5 WD 39 DES. BASIN MD HARLEY RIPPY 1517 CO RD 240 GLENWOOD SPRINGS, CO 81601- (970) 984-2154 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NE 1/4 Section 33 Township 5 S Range 90 W Sixth P.M. DISTANCES FROM SECTION LINES 1356 Ft. from North Section Line 789 Ft. from East Section Line UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this 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. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 59.64 acres described as that portion of the SE 1/4, NE 1/4, Sec. 33, Twp. 5 S, Rng. 90 W, Sixth P.M., Garfield County, more particularly described on the attached exhibit A. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns, and the watering of domestic animals. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTICE: This permit has been approved for a point 1356 ft from the north section line and 789 ft. from the east, in sec 33, twp. 5 south, rng. 90 west, 6th P.M., Garfield county. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) APPROVED SAP Receipt No. 9500678 State Engineer DATE ISSUED JUL 13 2001 3• v� By EXPIRATION DATE JUL 13 2003 Board Barbara Kemp -Sunderland, President Robert Thrower, Vice President Brit C Mclin, Director Michael Watts, Director Robert Supthen. Director August 20,2001 SUBJECT: Rippy Exemption TO WHOM it MAY CONCERN: • • Burning Mountains Fire Protection District Box 2 Silt, Co 81652 Don Zordel-Chief Stu Cerise -Assist. Chief This is to inform you that the property at 1517 County Road 240 is with in the Burning Mountains Fire Protection District and we do provide fire protection to same. It does not have any special problems for fire protection. MIT CLAIM DIM Stab Deft %SU 11 s mum 44.i,,., 'CHIS DEED, made this 30th day of December, 1986, between >l.J. Illtt? AND JANE? D. RIPPY of the County of Garfield and State of Colorado, Grantors, and HARLEY DOW RIPPY, SR. and JANET C. RIM, as joint tenants' whose legal address le 1517 - Z4Q Spr;gy . of the Ccunty of Garfield and State of Colorado, Grantees, 1 I I WITNESSETH, That the Grantor.,., for end in consideration of the sum of Ten Dollars end other good and valuable consideration. the receipt of which is hereby acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by theme presents do remise, release, sell, convey and QUIT CLAIM unto the Grantees, their heirs. successors and assigns, forever, all right, title, Interest, claim and demand which the Grbntore have in and to the reel property, together with imprnvementr. if any. situate, lying end being in the County of Gerfiel:, State of Colorado, described as followst An undivided one-half interest of the NW}SE} and SEISES, Section 28 and the EINE} of Section 33, Township S South. Range 90 West of the 6th P.M., excepting therefrom that parcel of land described in Deed recorded an Reception No. 239689 in Book 390 at Page 567 of the Garfield County records, which excepted parcel is that part of the above described property lying westerly of the following described line: Beginning at a point whence tha East quarter corner of Section 33 bears South 80'30' East 379.99 feet. thence North 26.12'9" West 132.13 feet, thence North 18'23' West 94.69 feet. thence North 8'59' West 276.62 feet, thence North 18'44'17" East 38.86 feet, thence North 21'45' West 78.41 feet, thence North 08'37'18" Wes, 66.85 feet, thence North 70.4!,'16" West 9.20 feet, thence North 52'48.1i" West 152.99 feet, thence North 41'38'55" West 708.47 fest, thence North 24'39'27" West 248.69 feet, thence North 15'44'21" West 123.58 feet to the North line of said 5E01E1. TOGETHER MITH all water and water rights and ditch and ditch rights appurtenant to said property. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title. interest and claim whatsoever of the Grantor, either in law or equity, to the use and benefit of the Grantees, their heirs and assigns forever. IN WITNESS WHEREOF. the Grantor has executed this Deed on the date set forth above. e:.J. R Py "-: .RTE 'i m t'OL7 mmo .. se COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me in the County of Garfield. State of Colorado, this 30th day of December, 1986, by E.J. Rippy and Janey D. 'Zippy. WITNESS my hand and official seal. i„ofteii4r,commisrion expires: 4/12/88 ,� E,,� A•Ufl . ' '• Notiry Public 112:/ IL TN/8 DEED, mads this 2nd day of January, 1987. between E.J. RIPPE AND JANET D. RIPPT of the County of Garfield and State of Colorado, Grantors,ant= HARLET DOW RIPPT, SR. and JANET C. HIPPY, as joint toaants, whose legal address;': is 1517 - 240 Road. Glenwood Satiate r Of the County of Garfield and Stats of Colorado, Grantees, WITNESSh.ah, That the Grantors. -far and in consideration of the.sua of Ten Dollars and other good and valuable consideration, the receipt" of *Stich in'. hereby acknowledged, have remised,- released...old, conveyed and QUIT CL.lhilZD, and by these presents do testis., release, sell, convey and QUI? CLAD[ acute thea;' Grantees, their heirs, successor. and assigns, :forever, all riyu, °tits., interest, chin and demand which thvs Grantors have in and to the real property,,' together with improvements, if ear-; - situate, lyit4 , and being; in the Comity of, Garfield, State of Colorado, described as -follows: An undivided ode -half interest of the M,LSE} and SEISE}, Section 28' and the ., E}NE} of taction 33, township 5 Smith, Mange 90 Vest of the 6th P.N.. excepting therefrom that parcel of land described in, Deed record as Reception No. 239689 in Book 390 at Page 567 of the Garfield County. record...vh14A excepted parcel le that part of the above deseribsd proparfys lying westerly of the following described lines = Eaginning et a point j whence the East quarter corner of Section 33 ars South 80'3 M 0' last`37S 99,, feet, thence .North ..26"12'9" Vest 132.13 feet, thence North 18'23' Vast ''`: 94.69' feet, thence North 8'59' West '276.62 feet. thence North '18'44'17"'. East 38.86 fast, thence North 21'45' Vest 78.91 feet, thanes; Nettie,`'.': 08'37'18" West 66.85 feet. thence: North 70'45'16" West 9.20 fest, thence'. North 32'48'11" West 152.99 feet,' thence North 41'38'55" West 208.47 feAt.'.:% thence North 24'39'27" Vest 248.69 feet, thence North 13'44'21".Vest 123, feet to the North line of Said SEMI. . TOGETHER VITIC alt water -and water rights and ditch and ditch appurtenant to said property..: TO NAVE AND' TO MOLD the sand, together with all awl' Angeles ttwt appurtenances and privileges thereunto belonging or, in anywise thsreunts#" appertaining, and all the estate, right. title. interest and claim whatsoever of the Grantor, either in lav or equity, to the use and benefit of .the Crentem's;; their heirs and assigns forever. IN WITNESS WHELP' the Grantor' orth above..h -STATE-OF COLORADO j COUNT OF GARFIELD ) The tors$oing initrwsot wee acknowledged before as in tbo County of Garfield, State of Colorado, Chis 2nd day of January, 1987, by t.J.: Soppy and Jane,' D. Rippy• VITNES5 sty hand and official asa1. Ny commission expirest 4/12/88 N L iC"%r ,•euRv .o.4 Amy I ♦ "fir ...eft Recorded at...i0:35_o'clock.A_...M., _Dec. 1L 1,967 239689 Chas. S. KeeEan Reception _.. _ Book 390 Recorder. Page 567 THIS DEED, Made this 5th day of December in the year of our Lord one thousand nine hundred and Sixty- seven between ELZIE J. RIPPY also known as E. J. RIPPY of the County of Garfield and State of Colorado, of the first part, and BARLEY D. RIPPY and JANET GAIL RIPPY STAR IDEIVENTAII RI t 1 1y67 of the 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 valuable consideration Df)LL*1i& to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado,to-wit: A tract of land located in the SE'NE'k of Sec. 33, Tp. 5 S., R. 90 West of the 6th P.M. containing 20.36 acres, more or less, and described as follows: Beginning at Corner No. 1, a point whence the Ek corner to said Sec. 33 bears S. 80°30'00" E., 379.99 feet; thence to Corner No. 2, N. 26°12'9" West 132.14 feet; thence to Corner No. 3, N. 18°23'00" W. 94.69 feet; thence to Corner No. 4, N. 08°59'00" W. 276.62 feet; thence to Corner No. 5, N. 18°44'17" E. 38.86feet; thence to Corner No. 6, N. 21°45'00" W. 78.91 feet; thence to Corner No. 7, N. 08°37'18" W. 66.85 feet; thence to Corner No. 8, N. 70°45'16" W. 9.26 feet; thence to Corner No. 9, N. 52°48'11' W. 152.99 feet; thence to Corner No. 10, N. 41°38'55' W. 208.47 feet; thence to Corner No. 11, N. 24°39'27" W. 248.69 feet; thence to Corner No. 12, N. 15°44'21" W. 123.58 feet; thence to Corner No. 13, S. 84°53'23" W. 391.31 feet; thence to Corner No. 14, S. 00°44'24" E. 1249.04 feet; thence to Corner No. 15, N. 89°12'10" E. 869.66 feet; thence to Corner No. 1, the point of beginning, N. 72°54'17" E. 72.34 feet, together with 0.8 cubic feet of water per second of time decreed to Spion Kop Ditch, being Ditch No. 91A in the decrees of the District Court of Garfield Count Colorado in Water District No. 39 in the State of Colorado, being 0.5 cubic feet of water per second of time out of Priority No. 210 thereunto awarded and 0.3 cubic feet of water per second of time out of Priority No. 213A thereunto awarded, and together with an easement or right-of-way from a shed located at Corner No. 7 hereinabove referred to, and extending easterly 600 feet, more or less, for the maintenance of a pipeline and cistern and to haul water to the same; reserving unto the grantor herein an undivided one-half (1) interest in and to all minerals and mineral rights of every kind or character, together with the right of ingress and egress for the purpose of mining for and removing the same, and reserving also an easement or right-of-way 40 feet in width off the West side of the tract above described, and from Corner No. 13 to Corner No. 14 above referred to for road and utility purposes of every nature. y * - Together with the corresponding carriage rights in said ditch. 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 part y of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 768. WARRANTY DEED—To Joint Tenant* —Bradford-Bobinwn Printing Company, 182418 Stout Street, Denver, Colorado tif•agNellMnf • Book 390 Page 568 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said part y of the first part, for him self his heirs, executors, and administrators, do es covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the a pe fan delivers of these presents, he is well seized of the premises above conveyed,iht of ood,swer and lawful authority and indefeasible estate of inheritance in law, in fee simple, and ha s good to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature, e soever, except patent reservations contained in the U. S. Patent thebaboie des- cribed property; and to general taxes for the year 1967, due and payable which grantor herein assumes and agrees to pay. rt, and the above bargained premises in the quiet and peaceable possession of the said parties of the second athereof, heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part the said part y of the first part shall and will WARRANT e ANT ANirst D F FOREVERreuntDEFE NaD. his hand and IN WITNESS WHEREOF, the said part y seal the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, '--Connty of Garfield The foregoing instrument was acknowledged before me this ,,gii67.,; ��r bye> Elzie J. Rippy •�� . SpT �tgrfiission expires /VA % a.,...'�y • ,p•B C .rq (� . s•s,_.pr' person or persons here insert name or nam®: If by persons acting in representative or official ��attorney-In-fact, of sneh �•C OFQa••" i Y-_ a of person as executor, attorney-in-fact or other capacity or deacrlption: If by officer of corpora 'brrnr or officers, as the president or other officers of such corporation, naming It. ads$ En-ew ss .�i��. ;�Y : _ , [SEAL] E. J. Rippy _ 7 [SEAL] [SEAL] day of December ,1970 . Witness my hand and official seal. Notary Public. z ti }a o 2 ,:;ate.,. -r/ n litY . % t':)' - t,"' Foran 171 A 6eYlaed 1007. WARR iNt 7 DEED.—Ont W - t Printing and Stationery Co ColoredColoraelti St rinu nil., FIJI/ .t • _u�4 _ .•M.- +iFi �.,iEW+tT'.T: SS TU“,. •var.-,a.lFE.,V'r •*ivxr+i .,...'ism ragt:+. .3+./n ! . -t�"F. x✓ -k ..;IiirW. furF. Sf .., .xr •M +n 7..ss.Wib :?T:+M7v-\CvM71i5• St!,f ..^5..72a . ) i ,•id. ,t a r i eeb Mario this. /.1 Clay of. l "":7; 444.4 ' - - to the year of our Lord o it El -thousand nine hundred and. ,I r, _r. - I, e�. - Q -r< -t<21 BETWEEN x j Q sl t . I! u/l of the .-. -.�.. County of �R'i-..r.t .... .and to of Colorado, of the first part, and of the County of Garfield and State of Colorado, of the second part: //�� // . /J �/ t.L r%/ Oi �1 A¢140../ C lU.et!,x,a. E/4iI.'" :ror�iusr, Witnesseth, That the said part.:Cl�l•2..of the first port, for and in consideration of the sum of fi-QL � .'.�Lf9ei�1 IO 1 1p �' to the said part -CC., of the first part in hand paid by the said part, .:r / of the second part, the receipt whereof is hereby confessed and acknowledged, ha.."/". -ti granted, bargained, sold and conveyed, and by these presenta do '— grunt, bargain, sell, convey and confirm unto the said part -e/ of the second part, /' L244 / heirs and assigns forever, all the�,Eollo�wm1' described lot. ..4 or parcel'...of fluid, aitueetee, lying an J, being r the ounty of Garfield nd,Stat�f Colorado, to -wit: • '''.4) i2e4. h,/«1.t p, -:'Y rruu7LPJ 1`.der a r e��w t.�f G -ea ..u% /(l !e</.-,��io6'/rJ/`"�I cr//d/,I�..7r _,,..,_.--tel, ,.o `f/%E/,y '��;li,r;L� f { .'Lr/I.i6 *. '(o %} o-. �4J-e_t/`'.t./=,J„.,,,, f` —. /.('�f) `"nd i )f.,�f' �i'.GG/#/7i/.//,,,..7--/ ,r,,c/r.f%,[(� -`J6 !> ( Y . �a �7r,.1, iv%' 4 /J _ - I 1 �j yy ' - �. ,A�% P,0:4 �I -. , t.,ked/ <4f e 7.7,7.2,„,_,. z�•e.rrz..,-.4 6 -N' i�Ct ,,, '+r).; ^t ....LL11 L i a.�' . _. ithr-lt-rn /- / -.. 1 . /i�.,� ,ii07 / ,-7cJ _/ ,A• l/0. q/#, Q,_,, .4 ✓_, 4.:) 9— -7-?-t k -5,,f /A. fily7L > p ,Ej2c f L>-� ij . .- ,W1-/-Z),-.J;-,44 �f J ' �l irk a -i (;-4 /% o gir�ut ti�V%-f-ee- _L,_,v'.. ,4 c n.€ s -,t. a.=4,.:.2.1_:"..6! GN-!iL/ ,--1 6:,71.7.;_,/-- d o. �:..� ._jierrJ 4'J N,"_7e--r' 2 �i, 0.4,---,,e---i _ 7' LLL .e'--r-<-a�G_.�a _.. fric%1..,2�. f ,`..('/G) 0 �;7 _,.C�r,�I�P.rs%_..4r`i riar JU2--r- t�_. h.�r� 4�'yGC.s .r../`. 0.!,49/a .e^,,.J/'{ • O.ofi^L�Ct1.._Gizo</f/I fu-w��� ua2��`rxaJ/�'LJ�.bz2 n_ c.( .L�/JI/tti�='Ij ( 1cs�J r "9 41441.4..- -••••= 4411-7, (//(a l-1 GLE.a' 9 -•_ -----. nJ old—„D1�No-rtl_ iji-c-.cU,o S�G,i'l -L -rn - G�.,: 1 (/P,;�n,-y✓ Gees., 674,, ,„.4.i ""`•('/- �✓i' /.a t -J =`J G, -Q,--(•.!/ !. .G -tea. --/�L o--..1.,1 . r,e-7f4.G.q._R iJ-, /C..iL lLv// i✓ceLLGL.� L3 � LGi /� -GQa..Lmat,,_. &44/ .-–crl2.-tla7fr/' ,_�..,,,...ei ` �-.' �. Qi9Z:Gr ...4-s• `2222.44 ,yrc__�cefACen- .��i /,�te, fe/u Fd/�)��%crr✓rUc-1:.(/ e2</r 11 '8- .-Lll"., _GG.U4-it yii1i%lg2'-.4,(, /G r RLfL2A,'! a/,dei” %6a�J4 �. 1iii_ //1/LaQ,C/G -�z/,t sri, v ,,Y/TBf�ya4'L ""fie —//LC,tC.lt�yis /../*3 30 1 cX1 S �b 4......,.._0......i.r-c Together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, ,i rents, issues and profits thereof; and all the estate, right., title, interest, claim and demand whatsoever of the said part. -C.F-d of the first part, either in law or equity, of, in and to the I above bargained premises, with the hereditaments and appurtenances; i To Have and To Hold the said premises above bargained and described, with the appurtenances, unto the said part. of the second part, " C .heirs assigns forejer. And the said_ p7'i.C.ss ..of the first part, for &I5/7er.4,l . rs, executors and administrators, do covenant, grant, bargain, and agree to and with the saki part 7..of the second port, • heirs and assigns, that at the time of the ensealing and delivery of these presents, <-/ U1i-0_.J well seized of the premises above conveyed as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha_ ood right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, end that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever. he above bargained premises, in the quiet and peaceable possession of the said part heirs and assigns, against all and every person or persona lawfully claiming or to claim the whole or any part thereof, the said part...412AF the first part shall and will WARRANT AND FOREVER DEFEND. In Witness Whereof, The said part --hof the fust part ha hereunto set - of the second part, SIGNED, SEALED AND DELIVERED IN PRESENCE OF hand4 and seal./4.0.0_ ay and year first above written. �...�•• d�!�i1QLicc� FLP t� STATE OF COLORADO, • I}se County of_ I aforesaid, do hereby certify that personally known to me to be'the person whose name subscribed to the annexed Decd, appeared before me this day in person and acknowledged that ---,signed, sealed and delivered the said instrument of writing as, free and voluntary act, for the uses and purposes therein set forth. Given under my hand and \ seal, this . day of , A. D. 19 in and for the said County, in the State My commission expires 19 SEAL STA F CO ORADO, es. The foregoing in Tante was acknowleAred byfoig.me this day My conuni u expireaa/ 'Gt y-� - e9. , 10... Witness my hand and(o rani scat. Filed for record this Nareaty 1 time. day of_C .' 1 A. D. 19 414., at ./ f o'cloc hi.. By Byxscurmtt e. � may)) DEPPFT. • • • Harley & Janet Rippy Subdivision Exemption Property Ownership Adjoining & Within 200 Feet Greg McKennis 1270 County Road 240 Glenwood Springs, CO 81601 Greg McKennis, Trustee for the Kendra Coleen & Alice Kathryn McKennis Trust 1270 County Road 240 Glenwood Springs, CO 81601 Monte A. & Kathryn M. Senor 0330 County Road 250 Silt, CO 81652 Fc. m No. GWS -25 APPLICANT OFFICE OF THE TE ENGINEER COLORADO DI N OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 • 1095 WELL PERMIT NUMBER 293232 DIV. 5 CNTY. 23 WD 39 DES. BASIN MD Lot: B Block: Filing: Subdiv: MILES & TERESA RIPPY EXEMPTION APPROVED WELL LOCATION GARFILED COUNTY SE 1/4 NE 1/4 Section 33 Twp 5 S Rng 90 W 6th P.M. HARLEY & JANET RIPPY 1517 COUNTY ROAD 240 GLENWOOD SPRINGS, CO 81601 (970)984-2154 PERMIT TO CONSTRUCT A WELL DISTANCES FROM SECTION LINES 3350 Ft. from SOUTH Section Line 750 Ft. from EAST Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) 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. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a residential site of ± 15.36 acres described as lot B, Miles & Teresa Rippy Exemption, Resolution No. 87-130, Garfield County. Physical well address is: 1517 County Road 240, Glenwood Springs, CO 81601. 4) The use of ground water from this well is limited to ordinary household purposes ititide a single family dwelling. The ground water shall not be used for irrigation or other purposes. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Parcel Identification number (PIN): 23-2123-331-00-102 Assessor Tax Schedule Number: 130383 APPROVED DMW Receipt No. State Engineer DATE ISSUED APR 0 3 2000 EXPIRATION DATE IaPp 0 3 2002 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 NEW HOUSEHOLD USE ONLY ns prior to completing form Water Well Permit Application Must be comaleted in black ink or tvaed 1. APPLICANT INFORMATION 6. USE OF WELL Name of��applicant 14r/c 72' ' 411 ORDINARY HOUSEHOLD PURPOSES INSIDE ONE FAMILY DWELLING (NO OUTS/DE USE) Mailing Address /SINGLE /5"17 025(0 oa a city State /� Zip code '�r,.1 (A)0(4 CSpr/.✓ s, Cd C 76o 7. WELL DATA Telephone Number (include area code) 970) 969V- 2/5-t/ MAXIMUM PRODUCTION RATE OF THE WELL WILL NOT EXCEED 15 GPM 2. TYPE OF APPLICATION CONSTRUCT A NEW HOUSEHOLD USE ONLY WELL ON LESS THAN 35 ACRES 8. TYPE OF RESIDENTIAL SEWAGE SYSTEM Septic tank / absorption (each field • Central system District name: • Vault Location sewage to be hauled to: 3. REFER TO (if applicable): Monitoring hole acknowledgment # MH- A %�n • Other (attach copy of engineering design) 4. LOCATION OF WELL 9. PROPOSED WELL DRILLER (optional) County (� GA('-`s-lelk Quarter//quarter se 1/4 Quarter ►Vt C 1/4 Name License number Section 53 Township N or S 5 • '® Range E or W 90 • at Principal Meridian 6 tti 10. SIGNATURE of applicant(s) or authorized agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 mis- demeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein, know the contents thereof and state Distance of well from section lines (00 ft. from laN • S 72() ft. from 0 E 021_ that they are e to my kno t edge. Well location address, if different from applicant address (if applicable) l7AMust be original ignature _ ' h 5. TRACT ON WHICH WELL WILL BE LOCATED A. You must check one of the following - see instructions ■ Subdivision: Name Title %%V / Date ?--/Z Cb Lot # Block # Filing/Unit# Office se Only DWR Map No. 0 County Exemption (copy of county approval & survey must be attached) Exempt. name/# Tract # DIV • Mining claim (attach copy of deea or survey) Claim name/# 0, Other (attach legal description to application) CO B. STATE PARCEL ID# (optional): WD C. # of acres in tract 5 aa\r`CS BA D. THIS WILL BE THE ONLY WELL ON THIS TRACT USE MD Form GWS -49 (12/95) REPORT DATE Thu Aug 31 10:35:50 MDT 2000 IIIIORADO WELL APPLICATIONSAIIID PERMITS OLLORADO DIVISION OF WATER cSOURCES Receipt 0458834B Permit 223232 Div 5 Wd 39 Basin Md Engineer DV5 User NLH hull Name ' Uses RIPPY HARLEY & JANET Address HOUSEHOLD USE ONLY 1517 COUNTY ROAD 240 City State Zip GLENWOOD SPRINGS CO 81601- Pump Rate Ann Amt Depth Telephone Proposed 15.00 0.33 100 (970) 984-2154 Actual 8.00 0 101 Case Irrigated Area 0 Permit XRef 0 Elevation 0 Well Name Perf Casing Top 71 County GARFIELD Perf Casing Bottom 91 Q10 Water Level 66 Q40 SE Aquiferl ALL UNNAMED AQUIFERS Q160 NE Aquifer2 Sec 33 Driller 1095 Ts 5 South Pump Installer Rng 90 West Statute Meter Log Qual AbReq Pm Sixth 6023 No No No No 3350 feet from South Section line Comment 750 feet from East Section line Subdivision Filing Block Lot Parcel Size PIN 15.36 23-2123-331-00-102 Main Activity U3-28-2000 Weli permit issued. Interim Status Last Action 05-30-2000 Well construction report received. Permit Issued 04-03-2000 Permit Expires 04-03-2002 Expire Notice Sent Well Const Report 05-15-2000 Well Const Complete 04-07-2000 Well Report (Non-trib) Pump Install Report Pump Install Complete lst Beneficial Use Statement Benef. Use Benef Use (Non-trib) Abandonment Report Well Plugged 21 31 SHEET NUMBER 12 RIFLE AREA, COLORADO (STORM KING MOUNTAIN QUADRANGLE) s....,,. "., T. 5 S. T. 6 S. RIFLE AREA, COLORADO to 6 percent. The Morval soils are in higher lying areas and have slopes eof 3 percent. These areas make up 10 to15p the mapunit. Permeability is moderately rapid, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat, limited grazing, and some irrigated hay and pasture. The native vegetation on this soil is mainly wheat- arass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Mule deer, cottontail rabbit, squirrel, and wild turkey find habitat on this soil. Community development is limited by the large stones. This soil is in capability subclass IVe, nonirrigated. 14—Chilton channery loam, 6 to 12 percent slopes. This deep, well drained, rolling soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. This soil formed in alluvium derived from red -bed shale and sandstone. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is reddish brown channery loam about 13 inches thick. The substratum is reddish brown, light brown, and pink very channery sandy loam and very cobbly sandy loam to a depth of 60 inches. Included with this soil in mapping are small areas of Begay and Morval soils. The Begay soils have slopes of 6 to 12 percent. The Morval soils are in higher lying areas and have slopes of 3 to 12 percent. These areas make up 10 to 15 percent of the map unit. Permeability is moderately rapid, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat and grazing. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- ticn. Reducing brush improves the range. Seeding im- proves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for 15 seeding. Preparing a seedbed and drilling the seed are good practices. Mule deer, cottontail rabbit, squirrel, and wild turkey find habitat on this soil. Community development is limited by slope and large stones. This soil is in capability subclass Vle, nonirrigated. 15—Chilton channery loam, 12 to 25 percent slopes. This deep, well drained, moderately steep to hilly soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. This soil formed in alluvium derived from red -bed shale and sandstone. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is reddish brown channery loam about 13 inches thick. The substratum is reddish brown, light brown, and pink very channery sandy loam and very cobbly sandy loam to a depth of 60 inches. Included with this soil in mapping are small areas of Begay and Morval soils that have slopes of less than 12 percent. These areas make up 10 to 15 percent of the map unit. Permeability is moderately rapid, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the ero- sion hazard is severe. This soil is used mainly for wildlife habitat and grazing. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition in the less sloping areas. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Mule deer, cottontail rabbit, squirrel, and wild turkey find habitat on this soil. Community development is limited by steep slopes and large stones. Cut slopes should be revegetated im- mediately to reduce erosion and prevent gullying. This soil is in capability subclass Vle, nonirrigated. 16—Cimarron loam, 2 to 12 percent slopes. This deep, well drained, nearly level to undulating soil is in narrow mountain valleys and drainageways. Elevation ranges from 7,500 to 9,000 feet. This soil formed in alluvium derived from basalt. The average annual precipi- tation is about 18 inches, the average annual air tem- perature is 39 degrees F, and the frost -free period is less than 75 days. Typically, the surface layer is dark grayish brown loam about 4 inches thick. The subsoil is grayish brown silty 18 should be put up to keep livestock out, unwanted burn- ing should be prevented, and the wetlands should not be drained. Natural wetland plants should be allowed to grow. These soils also provide valuable summer range for big game. Seasonal flooding and depth to the water table limit community development and recreation. Adequate drain- age and protection from floods would be necessary before development could be attempted. These soils can be reserved as greenbelts or for other restricted uses. These soils are in capability subclass Vlw, nonirrigat- ed. 21—Cushman-Lazear stony loams, 15 to 65 per- cent slopes. These hilly to very steep soils are on mountainsides and mesa breaks. Elevation ranges from 5,000 to 7,000 feet. The soils formed in sandstone and shale residuum. The average annual precipitation is about 13 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 125 days. The Cushman soil makes up about 45 percent of the map unit, and the Lazear soil makes up about 40 per- cent. The Cushman soil is on the landscape where allu- vium has accumulated to a greater depth over bedrock, and the Lazear soil is on the more steep areas. The Cushman soil is moderately deep and well drained. Typically, the surface layer is grayish brown stony loam about 3 inches thick. The subsoil is dark grayish brown sandy loam about 8 inches thick. The substratum is light brownish gray loam and very gravelly loam. Shale and sandstone is at a depth of 32 inches. Permeability of the Cushman soil is moderate above bedrock, and available water capacity is low. Effective rooting depth is 20 to 40 inches. Surface runoff is medium, and the erosion hazard is severe. The Lazear soil is shallow over bedrock and is well drained. Typically, the surface layer is grayish brown stony loam about 4 inches thick. The underlying material is light brownish gray stony loam. Calcareous shale and sandstone is at a depth of 16 inches. Permeability of the Lazear soil is moderate above bed- rock, and available water capacity is low. Effective root- ing depth is 10 to 20 inches. Surface runoff is moderate- ly rapid, and the erosion hazard is severe. Included with these soils in mapping are small areas of shale and sndstone outcrop and of Ildefonso soils. The Ilde'cnso soils are deep and very stony and have large acar of calcium carbonate. They are on very steep mesa breaks. These areas make up about 15 percent of the map unit. These soils are used mainly for wildlife habitat and grazing. The native vegetation on these soils is mainly Utah juniper and pinyon. The understory consists of Salina wildrye, Indian ricegrass, beardless wheatgrass, galleta, SOIL SURVEI low phlox, stemless goldenweed, fourwing saltbush, seri viceberry, shadscale, bitterbrush, and big sagebrush. When the understory vegetation deteriorates, only few forbs and shrubs remain. Properly managing th vegetation maintains wood production and grazing. Se lectively thinning the pinyon and juniper improves grazin and provides firewood and posts. Steep slopes and th erosion hazard affect harvesting. These soils can produce about 6 cords of wood pe acre when trees more than 4.5 feet tall reach an aver age diameter of 5 inches. Mule deer, gray squirrel, and cottontail rabbit find habi tat on these soils. Use of these soils for community development and a a source of construction materials is limited by depth to bedrock and steep slopes. This complex is in capability subclass Vlls, nonirrigat- ed. 22—Dateman gravelly loam, 30 to 50 percent slopes. This moderately deep, well drained, steep soil is on mountainsides. Elevation ranges from 7,000 to 9,500 feet. This soil formed in sandstone and limestone residu- um. The average annual precipitation is about 20 inches, the average annual air temperature is about 38 degrees F, and the average frost -free period is less than 75 days. Typically, the upper part of the surface layer is very dark grayish brown gravelly loam about 3 inches thick, and the lower part is very dark grayish brown gravelly sandy loam about 6 inches thick. The substratum is dark yellowish brown very gravelly sandy loam. Limestone or sandstone bedrock is at a depth of 34 inches. Included with this soil in mapping are small areas of Farlow, Cochetopa, and Lamphier soils on the steeper parts of the landscape. They make up about 5 to 15 percent of the map unit. Permeability is moderate, and available water capacity is low. Effective rooting depth is 20 to 40 inches. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat and grazing. The native vegetation on this soil is mainly Gambel oak, serviceberry, and mountain brome. A few small areas have some Douglas -fir. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, Kentucky bluegrass, undesirable weeds, and annual plants are nu- merous. Properly managing grazing maintains and im- proves range condition. Seeding and controlling brush are generally unsuitable because of the steep slopes. Elk, mule deer, blue grouse, snowshoe rabbit, and squirrel find habitat on this soil. Use of this soil for community development and as a source of construction material is limited by steep slopes and depth to rock. This soil is in capability subclass Vile, nonirrigated.