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HomeMy WebLinkAbout1.0 Application• • SKETCH PLAN SUBMITTAL ROBINSON MINOR SUB. GARFIELD COUNTY, COLORADO The following supplemental information is respectively submitted with the accompanying drawings, all in accordance with Section 4.01, entitled, "SKETCH PLAN REQUIREMENTS" of the Subdivision Regulations of Garfield County, Colorado as adopted January 2, 1979 and subsequent amendments thereto; with a request for an exemption from the Preliminary Plan and Final Plan Require- ments of the above said regulations. Submittal Data Referance Summary Section 4.01 4.01.01 SKETCH PLAN REQUIREMENTS Sketch Map. (See Sheet Number 2 of 4 entitled, "PROPPERTY MAP- SKETCH PLAN",) Property Boundary Survey. (See Sheet Number 2 of 4 entitled, "Property Map" Property Description of Record. See Deed and Title Insurance Policy Lot Layout and Access. (See Sheet Number 2 of 4 entitled, "Property Map - Sketch Plan".) A.3 Type of Water System. The water system shall be from a private well to be completed at the location shown on Sheet Number 2 of 4. The permit to complete a domestic type water well at the location shown was issued on January 20, 1980 by the State Engineer for the State of Colorado, a copy of which is enclosed. A.4 Type of Sanitary Wastewater Systema The sanitary wastewater disposal system shall consist of individual septic tanks and underground disposal fields constructed inaccordance with applicable stand- ards and regulations. A.,5 School. Bus Stops. Property abutts County Road which is maintained and plowed by the County. A.6 Existing Natural and Cultural Features. (See Vicinity Map, Sheet 1 of 4; and Topographic Map, Sheet 3 of 4) Existing Natural and Agricultural Vegetation. The lands are presently and have been utilized historic- ally for irrigated hay and pasture purposes and therefor are covered with native and tame grasses. (See Vegeta- tion and Land Use Map, Sheet 4 of 4) Topographic Map. (See Vicinity Map, Sheet 1 of 4; and Topographic Map, Sheet 3 of 4,) A.7 Total Acrage of Tract. Total acrage of tract is 38.04 acres, plus or minus. SKETCH PLAN SUBMITTAL ROBINSON MINOR SUB. (continued) Page Two Section 4001.01-A08 A.9 A.10 Section 4001.01-B B.1 Zoning Boundary Lines. Not applicable. General Land Use. Single Family Residental and Agricultural. Sketch Mapo (See Sheet Number 2 of 4, entitled, "Property Map - Sketch Plan".) Geologic and Soil Analysis. Geologic Characteristic. (See Geologic cross-section on Sheet Number 4 of 4) Bedrock Geology. The area is entirely underlain by the Wasatch Formation of the Eocene Age. The Wasatch is a sedimentary forma- tion composed of varicolored pastels, variable bentonitic shales with interbedded lenticular and cross -bedded tightly cemented sandstones. The formation dips region- ally westward 10° to 15°. The area is geologically stable having no known faults or zones of geologic weakness present on or near the property. Surface Geology The surface geology consists of a alluvial fan overlying a ancient Alluvial Outwash of the Colorado River on the sloping pediment slopes of the Wasatch Formation. During the Pliestocene Time, the ancient Colorado River and its tributaries, hydraulically downcutted thru the overlying Green River Shales and their capping basalt lava flows into the presently exposed Wasatch Formation; and thereby carving broad sloping pediments therein which slope northerly to the existing valley of the Colorado River. During this process, the ancient hydraulic washings covered and recovered these pediment slopes with cobbles and boulders derived from the contemporaneous erosion of the overlying basalt and shales, all of which were reworked and intermixed with the matrix of the eroded Wasatch sed- mentaries to form a conglomerate deposit of gravels, cobbles, and boulders in a matrix of shaley siltstones and clays. Subsequently, the meandering Colorado River scoured off portions of these pediment deposits and redeposited terrace gravels which are composed of well rounded cob- bles and pebbles of varicolored quarzites, granitic rocks, and a variety of geologically older igneous and metamorphic rocks derived from up -river in the Colorado River Basin. Subsequently, the continued erosion of the Battlement Mesa and underlying formations by the tributory streams deposited a alluvial fan of cobbles, boulders in a matrix of finner materials over the Alluvial Outwashings as KETCH PLAN SUBMITTAL ROBINSON MINOR SUB. (continued) Page Three previously defined to form Taughenbaugh Mesa. The perfreial boundary of this alluvial fan are Beaver Creek and Helmer Gulch which have eroded the overlying alluvial depoists to the local bedrock along its courses which allows surface water runoff to enter the alluvial gravels which are still inplace under the project lands. Bot Soil Types. (See Sheet Number 4 of 4, entitled, "Vegetation, Soil and Land Use Map" . ) The Soil Classification Map thereon shows the surface soils as reported and classified by the Soil Conservation Service for the subject and adjacent properties. The area is mapped by the SCS as Map Unit 10D -Potts. The description of these soils as reported by the Soil Conservation Service is enclosed herein. Boa Radiation Hazards. No known radiation hazards are in existance within the area° The tailings from the Union -Carbide Mill lies 1.5 miles north of the property and some 500 feet below the property. Prevalirdg winds are from the property to- ward these tailings. C. Vicinity Map. (See Sheet Number 1 of 4, entitled, "Title Sheet" Section 4.01.02 Information. 02.1 Disclosure of Ownership. (See attached Title Insurance Policy No. 101-683622. .2 Total development area will be 10.0 acres, more or less. .3 Total number of proposed dwelling units on development area will be two (2) . .4 Source of domestic water supply shall be from a domestic water well, having a production capacity in excess of 15 gpm based on yields of other wells in the area. 05 Sewage disposal shall be by seperate undergroud disposal fields utilizing evapo-transpiration systems. ,6 Not applicable or none. .7 See Deed or Title Insurance Policy. Map Unit No.1OD SOIL CHARACTERISTICS Depth to bedrock Texture Surface : Loam Subsoil : Clay loam Substratum : Loam Unified Classification : ML, CL : More than 60 inches Permeability : Moderate Percent coarse fragments (greater thaq 3 inches) Salinity (ECx10 @ 25°C) pH (surface) : 6.6-7.8 Shrink -swell Potential : Low to moderate Potential frost -action (surface) Low Flood Hazard : None Hydrologic Group B Corrosivity Steel (uncoated) High Concrete ; Moderate DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields : M Slope Sewage Lagoons . S Slope Sanitary Landfill Trench . 0 Area M Steep slope Shallow Excavations M Slope Dwellings w/basements . M Low strength, slope w/0 basements . M Low strength, slope Local Roads & Streets : M Low strength, slope SUITABILITY AS A SOURCE OF... Daily Cover for Landfill _ Fair Slope Roadfill : Fair Low strength Sand . Unsuited Gravel : Unsuited Topsoil : Fair Small stones, slope SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION 10D -Potts loam The native vegetation on this soil is mainly bluebunch wheat - grass, western wheatgrass, needleandthread, and big sagebrush. When the range condition deteriorates, forbs and woody shrubs increase. When the range is in poor condition, undesirable weeds and annual plants are numerous. Proper grazing management improves and maintains range condition. Reduction in brush improves deterior- ated range sites. Seeding is a good practice if the range is in poor condition. Suitable plants for seeding are crested wheatgrass, western wheatgrass, and Russian wildrye. For successful seedings, a good practice is to prepare a seedbed and drill the seed. Potts soil has potential for community and recreational develop- ment. The main limitations for these uses are low strength, piping, and frost -heave. Dwellings and roads can be designed to compensate for these limitations. Community sewage systems are needed if the population density increases. Capability subclass IVe. 7 • • 10D-Fotts loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on mesas, benches and valley sideslopes. It formed in eolian materials on alluvium from sandstone, shale, or basalt. Elevation ranges from 5,000 to 7,000 feet. 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 brown loam about 4 inches thick. The subsoil is reddish brown light clay loam about 24 inches thick. The substratum is pinkish white loam extending to a depth of more than 60 inches. Included with this soil in mapping are small areas of Kim, Olney and Ildefonso soils which make up 10 to 15 percent of the mapping unit. These soils have slopes of 6 to 12 percent. Permeability of the Potts soil is moderate. Effective rooting depth is 60 inches or more. Available water capacity is high. Surface runoff is medium and the erosion hazard is moderate. This soil is used mainly for livestock grazing, wildlife habitat, and some dryland farming. Wheat, barley, and oats are crops on the areas that are farmed. Minimum contour tillage and stubble mulching will help to prevent excessive erosion. The Potts soil is easily eroded and very susceptible to piping. • • RECEIVED WRJ• ev. 76 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 JAN0 8 r8 PERMIT APPLICATION FORM WAN ll SxAil iNGtHEIP (X ) A PERMIT TO USE GROUND WATER .mn) (X ) A PERMIT TO CONSTRUCT A WELL FOR: (X ) A PERMIT TO INSTALL A PUMP Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. ( ) REPLACEMENT FOR NO ( ) OTHER WATER COURT CASE NO /,, N (1) APPLICANT - mailing address NAME Gary R. Sheveland STREET P 0 Box 322 CITY Rifle, Colorado 81650 (State) (Zip) TELEPHONE NO 625-5192 (2) LOCATION OF PROPOSED WELL County Garfield NE v/ of the SW /a, Section 19 Twp. 6 S Rng, 93 W 6th P.M. I N, S) ( E, W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15 Average annual amount of ground water to be appropriated (acre-feet): 1.5 Acre Feet Number of acres to be irrigated: None Proposed total depth (feet): 200 feet Aquifer ground water is to be obtained from: Owner's well designation GROUND WATER TO BE USED FOR: X ) HOUSEHOLD USE ONLY - no irrigation (0) (X ) DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (1 1) (4) DRILLER Colorado Licensed Driller Name Street City (State) (Zip) Telephone No Lic. No FOR OFFICE U ) USE ONLY: DO NOT WRITE IN THIS COLUMN )Receipt No J 1 2 `-) / 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. APPROVED PURSUANT TO CRS 1973, 37-92-602 (3)(b)(II) AS THE ONLY WELL ON A TRACT OF 35 ACRES OR MORE DESIGNATED AS 3 e ACRES IN /VC %y S« '✓i , SEc, /V T. S. R. /; CO, P1, APPROVED FOR DOMESTIC USE, INCLUDING T1L IRRIGATION OF MOT OVER ONE ACRE OF SOME GARDENS AND LAWNS. OWWR'S APPLICATION APPROVED 117935 PERMIT NUMBER DATE ISSUED JAN 20t 1981' EXPIRATION DATE J4(�2 0 1983 BY COUNTY 23 (5) THE LOCATION OF THE PRdFOSED WELL and the arca on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. 14 -- 1 MILE, 5280 FEET — }I -I- 4- + -1- -I-- -1- + -i- I w 2 2 O U w N I- to ut NORTH SECTION LINE I 1 1 I 1 1 1 ——--X--+--- 1 1 1 1 SOUTH SECTION LINE + - -1- - - -}- - --f- - -1- m -1- D -4- The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE WELL MUST BE LOCATED BE►:, by distances from section lines. 1500 ft. from South (north or south) sec. line 2000 ft from West sec line (east or west) LOT BLOCK FILING 1 SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner:Gary Sheveland No. of acres 38 the only well on this tract? Yes• Will this be (8) PROPOSED CASING PROGRAM Plain Casing 6 5/8 in. from 0 ft to 20 ft in from ft to ft Perforated casing 4 1/2 in from 20 ft to 200 ft in from ft to ft • 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. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: N/A (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): Gary Sheveland No. of acres 38 M/L Legal description• NE 1/4 SW 1/4 Section 19 TWP 65 RUG 93W 6th P.M. (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. Domestic use Disposal will meet county standards. (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 1/20 Taugenbaugh Ditch Irrigation Same as above (10) (13) THE APPLICANT (S) STATES) ; THAT THE INFORMATION SET FORTH HEREON IS TRUE TO T) -IE BEST OF HIS KNOWLEpGE. SIGNATURE OF APPLICANT(S) • Use additional sheets of paper if more space is required. T WR;.S .2uv. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. CJRADO DIVISION OF WATER RESCES 818 Centennial Bldg., 1313 Sharman St., Denver, Colorado 80203 PERMIT APPLICATION FORM 6,(=r 35_n I (X ) A PERMIT TO USE GROUND WATER (X ) A PERMIT TO CONSTRUCT A WELL FOR: (X ) A PERMIT TO INSTALL A PUMP ``,p j 7 ( ) REPLACEMENT FOR NO ( ) OTHER WATER COURT CASE NO JAN 08 '81 SZCIL :Niuftiro/ :mo (1) APPLICANT - mailing address NAME Gary R. Sheveland P n Box 322 of nLc t CITY Rifle, Colorado 81650 (State) (Zip) TELEPHONE NO 625-5192 (2) LOCATION OF PROPOSED WELL County Garfield NE % of the SW /, Section 19 Twp. 6 S , Rng. 93 W 6th P.M. IN,S) (LW)' (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15 Average annual amount of ground water to be appropriated (acre-feet)• 1.5 Acre Feet Number of acres to be irrigated: None Proposed total depth (feet): 200 feet Aquifer ground water is to be obtained from: Owner's well designation GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) (X ) DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) 1 ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Colorado Licensed Driller 1 Name Street City (Slate) (Zip) Telephone No. Lic. No I FOR OFFICE U ) USE -ONLY: DO NOT WRITE IN THIS COLUMN )Receipt No / / - `� / 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. APPROVED PURSUANT TO CRS 1973, 37-92-602 (3)(b)(II) AS THE ONLY WELL ON A TRACT OF 35 ACRES OR MORE DESIGNATED AS 3e ACRES IN Ate %y SA' ✓� , SEc. 1? T. 4, 5 , R. i3co• G,I<1, APPROVED FOR DOMESTIC USE, INCLUDING THE IRRIGATIOR or YOT OVER ONE ACRE OF ROME GARDENS AND LAWNS. PERMIT EXPIRATION DATE EXTENDED TO iv 2. . /�s� • ,rry OWNiss‘ APPLICATION APPROVED ERMITNUMBER 1 7 9 3 FF • r =` j ` ATE ISSUED J A N 20 1981 XPIRATION DATE JAN 2 0 1983 YAI G%/ 0;:i5? D giv COUNTY 2,.� (5) THE LOCATION OF THE PR SED WELL and the arca on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + - -1- - + - + - -(- - -i- 1 l_NORTH+. -{- + - ��-- 1 MILE. 5280 FEET NORTH SECTION LINE I 1 - -}- -- 1 I 1 1 ——�-x ---1--- 1 1 1 i SOUTH SECTION LINE I I cn m m OI O 2 r - z m -1- +. I— -- - - The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. -1- I, (6) TH•LL MUST BE LOCATED BEL'c n; by distances from section lines. , ' ' 1500 ft. from South sec. line' (north or south) 2000 ft. from LOT BLOCK West (east or west) FILING # sec. line SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner:Gary Sheveland t• No. of acres 38 Will this be : the only well on this tract? Yes, (8) PROPOSED CASING PROGRAM Plain Casing 6 5/8 in from 0 ft to 20 ft in from ft to ft Perforated casing 4 1/2 in. from 20 ft. to 200 ft in from ft to ft - 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. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: N/A (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): Gary Sheveland No. of acres 38 Mil, Legal description: NE 1/4 SW 1/4 Section 19 TWP 65 RUG 93W 6th P.M. (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. Domestic use Disposal will meet county standards. (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 1/20 Taugenbaugh Ditch Irrigation Same as above (10) (13) THE APPLICANT(S) STATES) ;THAT THE INFORMATION SET FORTH HEREON IS TRUE TO TJ -IE BEST OF HIS KNOWLEDGE. - SIGNATURE OF APPLICANTISI Use additional sheets of paper if more space is required. Issued with Policy No. • • POLICY OF TITLE INSURANCE ix.COMMONWEALTH LAND TITLE INSURANCE COMPANY POLICY NUMBER (a stock company) PHILADELPHIA, PENNSYLVANIA 101-683622 SCHEDULE A Amount of Insurance: $ 128 , 000.00 File No. 8102011 Premium: $217.50 Date of Policy: March 30, 1981 , at 7:59 A. M. 1. Name of Insured: WILLIAM R. ROBINSON, JOSEPH ROBB ROBINSON AND GENEIL G. ROBINSON 2. The estate or interest in the land described herein and which is covered by this policy is FEE SIMPLE and is at Date of Policy vested in: WILLIAM R. ROBINSON, JOSEPH ROBB ROBINSON AND GENEIL G. ROBINSON AS JOINT TENANTS 3. The land referred to in this policy is described in the said instrument, is situated in the County of Garfield , State ofColorado , and is identified as follows: The Northeast Quarter of the Southwest Quarter (NE4SW4) of Section 19, Township 6 South, Range 93 West of the 6th Principal Meridian, EXCEPT that portion conveyed to Garfield County for road purposes by deed recorded in Book 61 at Page 112. Countersigned: Authorized Officer or Agent II X1111111 IIu I II 1 111111111 1111111111111 11111111111111111111111111111111 1 1111 1111 „111111 II COMMONWEALTH LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and cost, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when Schedule A is countersigned by an authorized officer or agent of the Company. Attest: f v t e e COMMONWEALTH LAND TITLE INSURANCE COMPANY By EXCLUSIONS FROM COVERAGE President The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. American Land Title Association Owner's Policy — 1970 — Form B (Amended 10-17-70) • . • B 1005-6 • • Policy No. 101-683622 File No.. 8102011 SCHEDULE B This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7 Right of a proprietor of a vein or lode to remove and extract his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in the United States Patent recorded May 11, 1910 in Book 71 at Page 420. 8. Mortgage Deed from Gary R. Sheveland to Charles A. McAlary and Hazel M. McAlary to secure $85,000.00, dated October 9, 1980 and recorded October 10, 1980 in Book 557 at Page 729. 9. Deed of Trust from William R. Robinson, Joseph Robb Robinson and Geneil S. Robinson to the Public Trustee for the use of Gary R. Sheveland to secure $17,400.00, dated March 26, 1981 and recorded March 27, 1981 in Book 568 at Page 311. 10. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded May 11, 1910 in Book 71 at Page 420. "-"— 1970 — Form B (Amended 10-17-70) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal represen- tatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart con- structive notice of matters relating to said land. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a pur- chase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or defense is inter- posed as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is ad- verse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final deter- mination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judg- ment or order. (e) In all cases where this policy permits or requires the Com- pany to prosecute or provide for the defense of any action or pro- ceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses in- curred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: ( i) the actual loss of the insured claimant; or ( ii) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. Conditions and Stipulations Continued Inside Cover '13 10054 • r • CONDITIONS AND STIPULATIONS (Continued) 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or other- wise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Com- pany. 8. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or de- stroyed, in which case proof of such loss or destruction shall be fur- nished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would he payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insur- ance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall he sub- rogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if re- quested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If toss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Com- pany by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instru- ments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negli- gence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secre- tary, or validating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to he furnished the Company shall be addressed to Commonwealth Land Title Insurance Company, 1510 Walnut Street, Philadelphia, Pennsylvania 19102 PA 10 American Land Title Association Owner' s Policy - 1970 - Form B ( Amended 10-17-70) Cover Page Form 1005-8 Valid Only If Schedules A and B Are Attached rc 3' -64 American Land Title Association Owner's Policy — Form B — 1970 (Amended 10-17-70) POLICY OF TITLE INSURANCE Issued by COMMONWEALTH LAND TITLE INSURANCE COMPANY Title Insurance Since 1876 HOME OFFICE 1510 WALNUT STREET PHILADELPHIA, PA. 19102 B-1005-8 • • SKETCH PLAN SUBMITTAL ROBINSON MINOR SUB. GARFIELD COUNTY, COLORADO The following supplemental information is respectively submitted with the accompanying drawings, all in accordance with Section 4.01, entitled, "SKETCH PLAN REQUIREMENTS" of the Subdivision Regulations of Garfield County, Colorado as adopted January 2, 1979 and subsequent amendments thereto; with a request for an exemption from the Preliminary Plan and Final Plan Require- ments of the above said regulations. Submittal Data Referance Summary Section 4.01 4.01.01 SKETCH PLAN REQUIREMENTS Sketch Map. (See Sheet Number 2 of 4 entitled, "PROPPERTY MAP- SKETCH PLAN",) Property Boundary Survey. (See Sheet Number 2 of 4 entitled, "Property Property Description of Record. See Deed and Title Insurance Policy Lot Layout and Access. (See Sheet Number 2 of 4 entitled, "Property Map - Sketch Plan".) A.3 Type of Water System. The water system shall be from a private well to be completed at the location shown on Sheet Number 2 of 4. The permit to complete a domestic type water well at the location shown was issued on January 20, 1980 by the State Engineer for the State of Colorado, a copy of which is enclosed. A.4 Type of Sanitary Wastewater System. The sanitary wastewater disposal system shall consist of individual septic tanks and underground disposal fields constructed inaccordance with applicable stand- ards and regulations. A.5 School Bus Stops. Property abutts County Road which is maintained and plowed by the County. A.6 Existing Natural and Cultural Features. (See Vicinity Map, Sheet 1 of 4; and Topographic Map, Sheet 3 of 4) Existing Natural and Agricultural Vegetation. The lands are presently and have been utilized historic- ally for irrigated hay and pasture purposes and therefor are covered with native and tame grasses. (See Vegeta- tion and Land Use Map, Sheet 4 of 4) Topographic Map. (See Vicinity Map, Sheet 1 of 4; and Topographic Map, Sheet 3 of 4.) A.7 Total Acrage of Tract. Total acrage of tract is 38.04 acres, plus or minus. Map" KETCH PLAN SUBMIIAL ROBINSON MINOR SUB. (continued) Page Three previously defined to form Taughenbaugh Mesa. The perfreial boundary of this alluvial fan are Beaver Creek and Helmer Gulch which have eroded the overlying alluvial depoists to the local bedrock along its courses which allows surface water runoff to enter the alluvial gravels which are still inplace under the project lands. Bot Soil Types. (See Sheet Number 4 of 4, entitled, "Vegetation, Soil and Land Use Map".) The Soil Classification Map thereon shows the surface soils as reported and classified by the Soil Conservation Service for the subject and adjacent properties. The area is mapped by the SCS as Map Unit 10D -Potts. The description of these soils as reported by the Soil Conservation Service is enclosed herein. B.3 Radiation Hazards. No known radiation hazards are in existance within the area. The tailings from the Union -Carbide Mill lies 1.5 miles north of the property and some 500 feet below the property. Prevaliiig winds are from the property to- ward these tailings. C. Vicinity Map. (See Sheet Number 1 of 4, entitled, "Title Sheet" Section 4001.02 Information. 02.1 Disclosure of Ownership. (See attached Title Insurance Policy No. 101-683622. .k),7 .2 Total development area will be b acres, more or less. .3 Total number of proposed dwelling units on development area will be two p1.3 .4 Source of domestic water supply shall be from a domestic water well, having a production capacity in excess of 15 gpm based on yields of other wells in the area. .5 Sewage disposal shall be by seperate undergroud disposal fields utilizing evapo-transpiration systems. .6 Not applicable or none. .7 See Deed or Title Insurance Policy. SKETCH PLAN SUBMITTAL ROBINSON MINOR SUB. (continued) Page Two Section 4.01.01-A.8 Zoning Boundary Lines. Not applicable. A.9 General Land Use. Single Family Residental and Agricultural. A.10 Sketch Map. (See Sheet Number 2 of 4, entitled, "Property Map - Sketch Plan".) Section 4001.01-B Geologic and Soil Analysis. B.1 Geologic Characteristics. (See Geologic cross-section on Sheet Number 4 of 4) Bedrock Geology. The area is entirely underlain by the Wasatch Formation of the Eocene Age. The Wasatch is a sedimentary forma- tion composed of varicolored pastels, variable bentonitic shales with interbedded lenticular and cross -bedded tightly cemented sandstones. The formation dips region- ally westward 10° to 15°. The area is geologically stable having no known faults or zones of geologic weakness present on or near the property. Surface Geology The surface geology consists of a alluvial fan overlying a ancient Alluvial Outwash of the Colorado River on the sloping pediment slopes of the Wasatch Formation. During the Pliestocene Time, the ancient Colorado River and its tributaries, hydraulically downcutted thru the overlying Green River Shales and their capping basalt lava flows into the presently exposed Wasatch Formation; and thereby carving broad sloping pediments therein which slope northerly to the existing valley of the Colorado River. During this process, the ancient hydraulic washings covered and recovered these pediment slopes with cobbles and boulders derived from the contemporaneous erosion of the overlying basalt and shales, all of which were reworked and intermixed with the matrix of the eroded Wasatch sed- mentaries to form a conglomerate deposit of gravels, cobbles, and boulders in a matrix of shaley siltstones and clays. Subsequently, the meandering Colorado River scoured off portions of these pediment deposits and redeposited terrace gravels which are composed of well rounded cob- bles and pebbles of varicolored quarzites, granitic rocks, and a variety of geologically older igneous and metamorphic rocks derived from up -river in the Colorado River Basin. Subsequently, the continued erosion of the Battlement Mesa and underlying formations by the tributory streams deposited a alluvial fan of cobbles, boulders in a matrix of finner materials over the Alluvial Outwashings as Map Unit No.1OD SOIL CHARACTERISTICS Depth to bedrock Texture Surface : Loam Subsoil : Clay loam Substratum : Loam Unified Classification : ML, CL : More than 60 inches Permeability : Moderate Percent coarse fragments (greater tha9 3 inches) Salinity (ECx10 @ 25°C) pH (surface) : 6.6-7.8 Shrink -swell Potential : Low to moderate Potential frost -action (surface) : Low Flood Hazard : None Hydrologic Group : B Corrosivity Steel (uncoated) High Concrete ; Moderate DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields : M Slope Sewage Lagoons . S Slope Sanitary Landfill Trench . 0 Area M Steep slope Shallow Excavations : M Slope Dwellings w/basements . M Low strength, slope w/0 basements M Low strength, slope Local Roads & Streets : M Low strength, slope SUITABILITY AS A SOURCE OF... Daily Cover for Landfill : Fair Slope Roadfill : Fair Low strength Sand Unsuited Gravel : Unsuited Topsoil : Fair Small stones, slope SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION 2 10D -Potts loam The native vegetation on this soil is mainly bluebunch wheat - grass, western wheatgrass, needleandthread, and big sagebrush. When the range condition deteriorates, forbs and woody shrubs increase. When the range is in poor condition, undesirable weeds and annual plants are numerous. Proper grazing management improves and maintains range condition. Reduction in brush improves deterior- ated range sites. Seeding is a good practice if the range is in poor condition. Suitable plants for seeding are crested wheatgrass, western wheatgrass, and Russian wildrye. For successful seedings, a good practice is to prepare a seedbed and drill the seed. Potts soil has potential for community and recreational develop- ment. The main limitations for these uses are low strength, piping, and frost -heave. Dwellings and roads can be designed to compensate for these limitations. Community sewage systems are needed if the population density increases. Capability subclass IVe. 7 • • 10D-Fotts loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on mesas, benches and valley sideslopes. It formed in eolian materials on alluvium from sandstone, shale, or basalt. Elevation ranges from 5,000 to 7,000 feet. 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 brown loam about 4 inches thick. The subsoil is reddish brown light clay loam about 24 inches thick. The substratum is pinkish white loam extending to a depth of more than 60 inches. Included with this soil in mapping are small areas of Kim, Olney and Ildefonso soils which make up 10 to 15 percent of the mapping unit. These soils have slopes of 6 to 12 percent. Permeability of the Potts soil is moderate. Effective rooting depth is 60 inches or more. Available water capacity is high. Surface runoff is medium and the erosion hazard is moderate. This soil is used mainly for livestock grazing, wildlife habitat, and some dryland farming. Wheat, barley, and oats are crops on the areas that are farmed. Minimum contour tillage and stubble mulching will help to prevent excessive erosion. The Potts soil is easily eroded and very susceptible to piping. t WRJ• ev. 76 •LORADO DIVISION OF WATER RESORCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. PERMIT APPLICATION FORM (X ) A PERMIT TO USE GROUND WATER (X ) A PERMIT TO CONSTRUCT A WELL FOR: (X A PERMIT TO INSTALL A PUMP (1) APPLICANT - mailing address ( ) REPLACEMENT FOR NO ( ) OTHER WATER COURT CASE NO N 08'81 IKA3ER TtiicionfltO S =.411k::E1(GINEuuP NAME _Gary R. Sheveland STREET P 0 Box 322 CITY Rifle, Colorado 81650 TELEPHONE NO (State) 625-5192 (Zip) (2) LOCATION OF PROPOSED WELL County NE Garfield Y. of the SW ''1/, Section Twp. 6 S Rng. 93 W IN,SI (E,WI 19 6th P M (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: Proposed total depth (feet): 15 1.5 Acre Feet None 200 feet Aquifer ground water is to be obtained from: Owner's well designation GROUND WATER TO BE USED FOR: HOUSEHOLD USE ONLY ) DOMESTIC (1) ( 1 LIVESTOCK (2) ( ) COMMERCIAL (4) • no irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) ( 1 MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Colorado Licensed Driller Name Street City (State) (zip) Telephone No Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN ) Receipt No 1 / / 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. APPROVED PURSUANT TO CRS 1973, 37-92-602 (3)(b)(II) AS THE ONLY WELL ON A TRACT OF 35 ACRES OR MORE DESIGNATED AS 3 g ACRES IN Nc '7 sw ✓/ , SFc, 19 T. 5., R. /3w APPROVED FOR DOMESTIC USE, INCLUDING THA,' IRRIGATION OF MOT OVER ONE ACRE OF WYE GARDENS AND LAWNS. OWNER'S P'( APPLICATION APPROVED PERMIT NUMBER DATE ISSUED JAN 2 0 1981 117935 EXPIRATION DATE JAN 2 0 1983 L h (ST BY // ' _ �i ` 5 COUNTY 23 (5) THE LOCATION OF THE *POSED WELL and the arca on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. } — --'- — -}- — -{- — — 14---- 1 MILE. 5280 FEET --}I ± + + + ± + + - - - NORTH SECTION LINE NORTH I I� I I I I I I I iI I SOUTH SECTION LINE r -r -r- i - -) - �- - -i- - TH m -i rn m n -_{ O 2 r- 2 m The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. -- - - WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deer) 1 cubic foot per second Ids) ... 449 gallons per minute lgpml 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) T NELL MUST BE LOCATED BE k, by distances from section lines. 1500 ft from South sec. line (north or south) 2000 ft. from West sec. line (east or west) LOT BLOCK FILING x SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner:Gary Sheveland No. of acres 38 . Will this be the only well on this tract? Yes (8) PROPOSED CASING PROGRAM Plain Casing 6 5/8 in. from 0 ft to 20 ft in from ft to ft Perforated casing 4 1/2 in from 20 ft to 200 ft in from ftto ft (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: N/A (10) LAND ON WHICH GROUND WATER WILL BE USED: Owners)• Gary Sheveland No. of acres: 38 M/L Legal description NE 1/4 SW 1/4 Section 19 TWP 65 RUG 93W 6th P.M. (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. Domestic use Disposal will meet county standards. (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 1/20 Taugenbaugh Ditch Irrigation Same as above (10) (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO T,J-IE BEST OF HIS KNOWLEpGE. SIGNATURE OF APPLICANT(S) Use additional sheets of paper if more space is required. Reception No.. Recordedat o'clock M., THIS DEED, Made this 26th 19, 81 , between day of March GARY 0.. Slfl VELAN[) of the Cunnty of Garfield Colorado, of the first part, and WI I.I.IAM R . ROBINSON, JOSEPH IU)BB ROBINSON AN[) 6ij.ENEI1, S. ROBINSON whose legal address is and State of _Recorder. RECORDER'S STAMP of the County of Garfield and State of Colorado, of the second part: WITNESSETII, that the said party of the first part, for and in consideration of the sum of ONE IIUNI)REI) TWENTY FIGHT THOUSAND AND NO/100 DOLLARS, lot he said party of the first hart 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 CS 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, Tying and being in the County of Garfi e Id and State of Colorado, to wit: The Northeast quarter of the Southwest Quarter (NF';S1V';) o Secti on 19, 'Township 6 South , Range 93 West of the 6th P.M., EXCEPT that porti on conveyed to Garfield County for road purposes by decd recorded in Rook 61 at Page 112, TOGETHER wi th any and all water and ditch rights appurtenant to or used in connection with subject property. also known as street and number vacant ground TOGErIIER wit h all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, 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 itt law or equity, of, in and to the above bargained premises, with the heredilamen( s and appurtenances. TO 11AVE AN1) TO 1101.1) the said premises above bargained and described, wit the appurtenances, tint() the said parties ()f the second part, their• heirs anti assigns forever. And the said part y of the first part, fur hill) sei f his heirs, executors, and administrators tlo es covenant, grant, bargain ail agree to and with the said parties of the second part. their heirs and assigns, that at the time of the ensealing and delivery of these presents hC is wall seined of the premises ubovt' convoyed, as of gond, sore, perfect, absolute and indefeasible estate of inheritance, In hew in fee simple, and ha S good r fight, full power and Inwful authority lu grant, bargain, sell and convey the same in manner and form aforesaid. and that the same are free and clear front all former and ()tiler grants, bargains, sales, hens, taxes, assessment and encumbrances of whatever kind or nature sot•ver. Except general taxes and assessments for 1981 and subsequent years , and subject to easements, reservations and rights-of-way of record , and except a flood of Trust recorded October 10,1980 in Book 5S7 at Page 729 which grantees assume and and the above bargained premises in the quiet and peaceable possession of the said parties of the second paint. their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y `of the fust lout shall and will WARRANT 1011AND11F;V'1':1( 1)1?1•'F:N1). IN WITNESS WHEREOF the said pars, of the first part has hereunto set his hand and seat! the day and year first above written. Signed. Sealed and Delivered in the Presence of STATE OF ('OL(1RA11(1 County of Garfield SS. The foregoing instrument was acknowledged before me this 26th day of 1981, by Gary R . Sheve 1 and My commission expire No. 921. '5 ita,t\ rr 11E1-1) 'ro rennntn 19 . Witness my hared and official seal. March ISEA LI ISEA1,1 ISEAI,I Notary I'ul,ln• tlta.Hunt Puhh,hing, t t Iht wrst 44th A, rnur. Golden. colotedo 50401-- 11111) 278 0644 -- 1440 c ;Trot pay •