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HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 3-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, ado t d April 23, 1984 Section 2:20.49, the undersigned / C respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of ' 5n acre tract of land into tracts of approximately 3 . 5 4 L4 Z 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 D. 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 I. It shall be demonstrated that the parcel existed as desciibed 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. 111c. rviai3 Petitioner Eos qo Mailing Address 0'70) ( Z c.7- t- 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 puupose 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, and is 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 of Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, 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; and B. All Garfield County zoning requirements will be met; and C. 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; and I . All state and local environmental health and safety requirements have been met or are in the process of being met; and F. Provision has been made for any required road or storm drainage improvements; and G. Fire protect -ion has been approved by the appropriate fire district; and 11. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. 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 (150 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 not -ices 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. • EXHIBIT "B" THE FOLLOWING PERTAIN TO PARCEL A: Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 31, 1893 in Book 12 at Page 244 as Reception No. 16286. (NE1/4NE1/4, Lot 7) Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded June 14, 1944 in Book 73 at Page 224 as Reception No. 151844. (Lot 6) Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded, August 31, 1893 in Book 12 at Page 244 as Reception No. 16286. (NE1/4NE1/4, Lot 7) Easement and right of way as granted by Clyde H. Sievers, Lucy J. Sievers, Arthur P. Gould and Ruth E. Gould to W. C. Meadows and E. J. Meadows by Document recorded October 9, 1981 in Book 583 at Page 82 as Reception No. 320104. Right of way for the uninterrupted flow of Colorado River. Terms and conditions of County Subdivision Exemption Resolution No. 84-76 between Board of County Commissioners and Clyde Sievers and Lucy Sievers, recorded May 1, 1984 in Book 648 at Page 874 as Reception No. 351871. Road Easement being 30 feet in width across subject property as set out on the Sievers Exemption Plat, recorded May 11, 1984 as Reception No. 352214. Any question, dispute or adverse claims as to any loss or gain of land as a result of any change in the river bed location by other than naural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in the Roaring Fork River lying within subject Land; and any question as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. Lack of right of access, directly off Interstate 70, which boarders subject property. • • NAMES AND ADDRESSES OF LAND OWNERS WITHIN 200 FEE Valley Farms Lee Park Center 6th floor 3141 Hood St. Dallas, TX 75219-500 Clarance Hangs 6593 Co Rd 346 Silt, CO 81652 Donald Hangs 6533 346 Rd Silt, CO 81652 Villa-Fimbres, Mario A Kinsley, Jacquline A P.O. Box 1268 Edwards, Co 81632-1268 CONSTRUCTION MATERIALS • subdivision • (The information in this report indicates the dominant soil condition but does not eliminate the need for Onsite investigation) Map symbol and soil name 40: Kim Roadfiil Sand Gravel Topsoil `Good ;Improbable: ;Impropable: ir excess fines ; excess fines 65: Torrifluvents---;fair: ;wetness Probable ,Good ''_eprooable: ,Fair: too 'sanov , are.a reclaim, excess salt, than laver O.S. DEPARTMENT OF AGRICULTURE i;i;F NATURAL RESOURCES CONSERVATION SERVICE CONSTRUCTION MATERIAS Endnote -- CONSTRUCTION MATERIALS This report gives information about the soils as a source of roadfiil, sand, gravel, and topsoil. The soils are rated f sare rated a 'P., „Improbable„ Good"_ "Fair', or Poor as a source of rcad,ill and topsoil. They as ababe" or source of sand and gravel. The ratings are based on soil properties end site features that affect the removal of the soil and its use as construction material. Normal compaction, minor °recessing. and other standard construction practices are assumed. Each x:111 is evaluated to a depth of 5 cr 6 feet. Roadfill is soil material that is excavated in one place and used in road embanrmeets in another place. In this report, the soils are rated as a source of roadfili for low embankments, genera_ly less than a feet nigh and less exacting in design than higher embankments. The ratings are for the soil material below the surface layer to a depth of 5 or 6 feet, It is assumed that soil layers will be mixed during excavating and spreading. Many soils have layers of contrasting suitability within their profile. The report entitled Encinee.ri.7g index Properties is also available and it orovides detailed information about each soil laver. This inforhation can help determine the suitability of each laver for use as roadfili. The performance of soil atter it is stabilized with lime or. cement is not considered in the ratings. The ratings are based on soil properties, site features, and observed performance of the soils. The thickness of suitable material is a major consideration. The ease of excavation is affected by large stones. a high water table. and slope. Rola well the soil performs in place after it has been compacted and drained is determined by its strength (as inferred from the engineering classification of the soil) and shrink -swell potential. Soils rated "Good" contain significant amounts of sand or gravel or both. They nave at least 5 feet of suitable material, a low shrink -swell potential, few cabbies and stones, and slopes of 15 percent or less, Depth to the water table is more than 3 feet Soils rated "Fair' have more than 35 percent silt- .and clay -sized particles and have a plasticity of less than 10. They have a moderate shrink -swell potential. slopes of i5 to 25 percent. or many stonee. Depth to the water table is 1 to 3 feet. Soils rated "Poor" have a plasticity index of more than 10, a high shrink -swell potential, many stones, or slopes of more than 25 percent. They are wet, and the depth to the water tele is less than 1 foot. These soils may have lavers of suitable material, but the material is less than 3 feet thick. Sand and gravel are natural aggregates suitable for commercial use with a minimum of processing. Sand and gravel are used in many kinds of construction, Specifications for each use vary widely. In this report only the probability of finding material in suitable quantity is evaluated. The suitability of the material for specific purposes is not evaluated, nor are factors that affect excavation of the material. The properties used to evaluate the soil as a source of sand or gravel are gradation of grain sizes (as indicated by the engineering classification of the soil), the thickness of suitable material, and the content of rock fragments. Kinds of rock, acidity. and stratification are given in the soil series descriptions. Gradation of grain sizes is given in the Engineering Index Properties report. A soil rated as a "Probable" source has a layer of clean sand and °ravel cr a laver of sand or gravel that contains up to 12 percent silty fines. This material must be at least 3 feet thick and less than 50 percent, by weight, large stones. All other soils are rated as an "Improbable" source. Coarse fragments of soft bedrock, such as shale and siltstone. are not considered to be sand and gravel. U.S. DEPARTMENT OF AGRICULTURE • NATURAL RESOURCES CONSERVATION SERVICE PAGE 3 OF 3 •05/21/96 'STRUCTION MATERIA'_`_, • • Endnote -- CONSTRUCTION MATERIALS --Continued Topsoil is used to cover an area so that vegetation can he established and maintained. The upper 40 inches of a soil is evaluated for use as topsoil, Also evaluated is the reclamation potential of the borrow area, Plant growth is affected by toxic material and by such properties as soil reaction, available water capacity, and fertility. The ease of excavating, loading, and spreading is affected by rock fragments, slope, a water table, soil texture. and thickness of suitable material. Reclamation of the borrow area is affected by slope, a water table, rock fragments, bedrock. and toxic material. Soils rate "Good" have friable loamy material to a depth of at least 40 inches. Tnev are free of stones and cobbles, have little or no gravel, and have slopes of less than 8 percent, They are low in content of soluble salts, are naturally fertile or respond well to fertilizer. and ars not so wet that excavaticr_ is difficult. Soils rated "Fair" are sandy soils, loamy soils that have a relatively high content of clay. soils that have only 20 to 40 inches of suitable material, soils that have an appreciable amcent of gravel, stones, or soluble salts, or soils that have slopes of 8 to 15 percent. The soils are lot so wet that excavation is difficult. Soils rate "Poor" are very sandy or clayey, have less than 20 inches of suitable material, have a large amount of gravel, stones, or soluble salts, have slopes of more than 15 percent, or have a seasonal water table at or near the surface. The surface layer of most soils is generally preferred for topsoil because of it organic matter content. Organic matter greatly increases the absorption and retention of moisture and nutrients for plant growth. NONTECHNICAL SOILS DESCRIN REPORT subdivision Mao Symbol Soil name and descriotion 40 Kim loam, 3 to 6 percent slopes This deep, well -drained soil is on alluvial fans and benches. This soil formed in alluvium derived from shale and sandstone. The surface laver is loam about 17 inches thick. The underlying material is loam to a depth of 60 inches. Permeability is moderate, and available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is slow, and the erosion hazard is moderate, 65 Torrifluvents, nearly level This broadly defined unit consists of deep. well -drained to somewhat poorly drained soils on flood plains. The soils formed in alluvium. These soils are stratified and vary widely in texture and depth. The surface layer ranges from loamy sand and fine sandy loam to silty loam and clay loam. The underlying layers are generally sandy loam or loan stratified with sand, gravel, and cobbles. The water table fluctuates between depths of 2 and 4 feet and in some years is near the surface during spring runoff. These soils are subject to brief, occasional flooding late in spring and early in summer. Permeability is moderately slow to moderately rapid. Available water capacity is low to high. Effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • PAGE OF 2 05/21/96 SUILDIiNG SITE' DEVELOPMENT subdivision (The information in this report indicates the dominant soil condition but does not eliminate the ; geed ref onsite investigations Map symbol Shallow Dwellings Dwellings Small ' Local roads I Lawns and soil name excavations without with commercial and streets landscaping basements basements nuildinos 40: Kim Slight ;Slight 'Slight ;Moderate: 'Slight ;Slight slope 65: Torrifluvents---Severe: Severe: ;Severe: ;Severe: ;Severe: ;Moder: cutbanks cave, flooding. ' flooding. flooding. ; flooding ; excess salt, wetness wetness wetness wetness ; wetness. 1 'lording U.S. DEPARTMENT OF AGRICULTURE • ^ATURAL RESOURCES CONSERVATION SERVICE • OS/21/96 BUiLDIN ST TF 1:EVELCPENT • Endnote -- BUILDING SITE DEVELOPMENT This report shows the degree and kind of soil limitations that affect sallow excavatiens. dwellings with and without basements, small commercial buildings. local roads and streets, and lawns and landscaping. The limitations are "Slight", "Moderate", or "Severe'. The limitations are considered "Slight" if 7Oil properties and site featares are generally favorable for the indicated use and limitaions are mihor and easily overcome; 'Mcdehate' if soil b‘coerties or site features are not favorable for the indicated use and special planning, desicn, or maianenance neodod te overcome or minimize the limitations; and Severe" if soil properties site feati_rce are so uTfaoraele oT so difficult to overcome that special design. signifisat inceases in coes:Lction 1T 32:30 maintenance are reauired. Special feasibility studies Tay be reciT,..!d IH;tatiCT.: SHALLOW EXCAVATIONS are trenches or holes d„.ag to a me.,:f.um des:th et s- fest 4,:r -a.. H. :iTes. open ditches, add other purposes. The rot;'. .-: are Pas:2d cfsoil crops,..ti. :Peevs: pe of the soils. The ease of diggin fillihrd. and cop -,:t1.. •.s- the 7,2::h semeeted E.: firm dense layer stone content: scil text.:rs.2 d E:OCE, of t'T.E yE3' :Tat :en hE toe affected by the dep'..h 'Ls :=:1 his;'7 t:ble aTC te :useeet:_tit of tr.e ccil to flo:dind. ThE resistance of the excavation walls or bards tai sloghing af-ocoo '.../t!,:re and :he depth to tne water table. DX3L1INGS ELL structhec : :Tallow foundations. on undistuTped soil, The load limit is the same as that for single-family dwellings no higher than traee stories, Ratinds are made for small comercial buildings. without basements, for dwellings with basements, and for dwellings without. basements. The ratings are based on soil properties, site features, and observed performance of the soils. A high water table, depth to bedrock or to a cemented pan, large stones, slope, and flooding afect the ease cf excavation and construction. Landscaping and grading that require cuts and fills of more than 5 or 6 fee: are not considered. LOCAL ROADS AND STREETS have an all-weather svface and carry automobile and light truck traffic all year. Thea have a subgrade of cut or fill soil material. 3 base of gravel, crushed rock, or stabilized soil material, and a flexible or rigid surface. Cuts and fills are Generally properties, site features, and coserved performance of the soils. Depth to bedrock or to a cemented pan, a high water tabie, flooding, large stones, and slope affect the ease of excavating and grading. Soil strength (as inferred from the engineering classification of the soil, shrink -swell potential, frost action potential, and depth to a high water table affect the t,affic-supportinT, capacity. LAWNS AND LANDSCAPING require soils on which turf and ornamental trees and shrips can be established and maintained. The ratings are based on soil properties. site features, and observed performance of the soils. Soil reaction, a high water table, depth to bedrock oT to a cemented Dan, the available water capacity in the upper 40 inches, and the content of salts, sodium, and sulfidic materials affect plant growth. Flooding, wetness, slope. stoniness, and the amount of sand, clay. or organic matter in the surface layer affect trafficabilitv after vegetation is established, U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE :=AGE I OF 3 05/21/96 WATER FEATURE subdivision Flooding ; High water table and ponding Mao symbol :Hydro-; ; Water ; Maximum and soil name ; logic; Frequency ; Duration ; Months : table ; Kind of ; Months Ponding ; bonding ;group : depth 'water table' , duration ; depth , 10; Ft Kim B ;None >6.0 Torrifluvents---; D ;Occasional ;Brief ; APS -JUN ; 11.0-8.0 ;Apparent ; Ab rep U.S. DEPARTMENT OF AGRICULTURE • NATURAL RESOURCES CONSERVATION SERVICE • PE 2 O S OS/ 96 WATER FEA.T.nES • • Endnote -- WATER FEATURES This report gives estimates of various soil water features. The estimates are used in land use planning that involves engineering considerations. Hydrologic soil groups are used to estimate runoff from precipitation. Solis not protected by vegetation are assigned to one of four groups. They are grouped according to the infiltration of water when the soils are thoroughly wet and receive precipitation from long -duration storms. [he four hydrologic soil groups are: Group " A". Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group "B". Soils having a moderate infiltration rate when thoroughly wet, These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission, Group "C". Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group "D". Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a permanent high water table, soils that have a claypan cr clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission, If a soil is assigned to two hydrologic groups in this report. the first letter is for drained areas and the second is for undrained areas. Flooding, the temporary inundation of an area, is caused by overflowieg streams, by runoff from adjacent slopes, or by tides. Water standing for short periods after rainfall or snawmelt is not considered flooding, nor is water in swamps and marshes. This report gives the frequency and duration of flooding and the time of year when flooding is most likely. Frequency, duration, and probable dates of occurrence are estimated. Frequency is expressed as "None". 'Rare", 'Occasional and ''Frequent". "None" means that flooding is not probable; "Rare" that it is unlikely but possible under unusual weather conditions; "Occasional' that it occurs, on the average, once or less in 2 years: and "Freeuent" that it occurs, on the average, more than once in 2 years. Duration is expressed as "Very brief" if less than 2 days. "Brief" if 2 to 7 days. 'Long" if 7 to 30 days, and "Very' long" if more than 30 days. The information is based on evidence in the soil profile namely thin strata of gravel, sand, silt, or clay deposited by floodwater; irregular decrease in organic matter content with increasing depth: and absence of distinctive horizons that form in soils that are not subject to fleod:.g. Also considered are local information about the extent and levels of flooding and the relation of each soil on the landscape to historic floods. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PAGE 3 OF 3 0512!96 NATER FEATURES Endnote -- WATER FEATURES --Continued Information on the extent of flooding based en soil data is less specific- than that provided by detailed engineering surveys that delineate flood -prone areas at specific flood `requency levels. High water table (seasonal) is the highest level of a saturated zone .n the soil in most years, The depth to a seasonal high water table applies to undrained soils. The estimates are based mainly on the evidence of a saturated zone, namely grayish colors or mottles in the soil. Indicated in this report are thedepth to the seasonal high water table; the kind of water table, that is, 'Apparent", 'Artesian', or 'Perched", and the months of the year that the water table commonly is high. A water table that is seasonally high for less than 1 month is not indicated in his report, An "Apparent" water table is a thick zone of free water in the soil. It is indicated by the level at which water tands in an uncased borehole after adequate time is allowed for adjustment in the surrounding soil. An 'Artesian" water table exists under a hydrostatic beneath an impermeable layer. When the impermeable layer has been penetrated by a cased borehole. the water rises. The final level of the water in the cased borehole is characterized as an artesian water table. A "Perched" water table is water standing above an unsaturated zone. In places an upper. or "Perched water Able is separated from a lower one by a dry zone. Only saturated zones within a depth of about 6 feet are indicated. Fonding is standing water in a closed depression. The water is removed only by deep percolation, transpiration, evaporation, or a combination of these processes. 'his report gives the depth and duration of ponding and the time of year when ponding is most likely. Depen, duration, and probable dates of occurrence are estimated. Depth is expressed as the depth of ponded water in feet above the soil surface. Duration is expressed as Very brief' if less than 2 days, "Brief' if 2 to 7 days. "Long' if 7 to 30 days, and 'Very long" if more tnan 30 days. The information is based on the relation of each soil on the landscape to historic bonding and on local information about the extent and levels of ponding. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • PACE 1 OF z • h': 05/21/96 SANITARY FAC?:_ITIES • • subdivision (The information in this report indicates the aominant soil condition does o. _.i:,.;,u:a investigation) Map symbol Septic tank Sewage lagoon Trench Area Daily cov and soil name absorption areas sanitary sanitary for landfill fields landfill landfill 40: Kim !Moderate: ;Severe: ;Slignt ;Slight !Good percs slowly ! seepage 65: 1 , Torrifluvents;Severe: 'Severe: :Severe: !Severe, !Poor: flooding, ! seepage, flooding. ! flooding, wetnes wetness, ! flooding, wetness ' wetness, ! train laya„ Door filter ! wetness U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PAGE 2 OF .3 05121/96 SANITARY FAi;i_ITIES Endnote -- SANITARY FACILITIES This report shows the degree and kind of soil limitations that affect septic tank insorption fields, sewage lagoons, and sanitary landfills. The limitations are consideree "Light' if soli properties and site features generally are favorable for the indicated use and limitations are minor and easily overcome; "Moderate" if soil Properties or site features are not favorable for the indicated use and special planning, design, or maintenance is needed to overcome or minimize the limitations; and "Severe" if soil Properties or site features are so unfavorable or so difficult to overcome that special design, significant increases in construction costs, ,and possibly increased maintenance are required. This report also shows the suitability of the soils for use as daily cover for landfills. A rating of "Good" indicates that soil properties and site features are favorable for the use and good performance and low maintenance can be expected; "Fair" indicates that soil properties and site features are moderately favorable for the use and one or more soil properties or site features make the soil less desirable than the soils rated "taco'; and "Poor" indicates that one or more soil properties or site features are unfavorable for the use and overcoming the unfavorable properties requires special design, extra maintenance, or costly alteration. SEPTIC TANK ABSORPTION FIELDS are areas in which effluent 4rcm a septic tank is distributed into the soil through subsurface tiles or perforated pipe. Only that part of the soil between depths of 24 to 72 inches is evaluated. The ratings are base on soil properties, site features, and observed performance of the nils. Permeability, a high water table, depth to bedrock or to a cemented pan, and flooding affect absorption of the effluent. Large stones and bedrock or a cemented pan interfere with installation. Unsatisfactory performance of septic tank absorption fields, including excessively slow absorption of effluent, surfacing of effluent, and hillside seepage, can affect public health. 'roundwater can be polluted if highly permeable sand and gravel or fractured bedrock is less than a feet below the ease of the absorption field, if slope is excessive, or if the water table is near the surface. There must be insaturated soil material beneath the absorption field to filter toe effluent effectively. Many local ordinances require that this material be of a certain thickness. SEWAGE LAGOONS are shallow ponds constructed to hold sewage while aerobic bacteria decompose the solid and liquid wastes. Lagoons should have a nearly level floor surrounded by cut slopes or embankments of compacted soil. Lagoons _enerally are designed to hold the sewage within a death of 2 to 5 feet. Nearly impervious soil material for the lagoon floor and sides is required to minimize seepage and contamination of ground water. This report gives ratings for the natural soil that makes up the lagoon floor. The surface layer and, generally. 1 or 2 feet of soil material oelow the surface layer are excavated to provide material for the embankments. The ratings are based on soil Properties, site features, and observed performance of the soils. Considered in the ratings are slope, permeability, a igh water table, depth to bedrock or to a cemented pan, flooding, large stones, and content of organic matter. Excessive seepage due to rapid permeability of the soil or a water table that is n.gn enough to raise the level of sewage in the lagoon causes a lagoon to function unsatisfactorily. Pollution results if seepage is excessive or if floodwater _vertops the lagoon. A high content of organic matter isdetrimental to proper functioning of the lagoon because it inhibits aerobic activity. Slope. bedrock. and cemented pans can cause construction problems. and large stones can 'cinder compaction of the lagoon floor. SANITARY LANDFILLS are areas where solid waste is disposed of by burying it in soil. There are two types of landfill. trench and area. In a trench 'landfill, the waste is placed in a trench, It is spread. compacted, and covered daily with a thin layer of soil excavated at the site. In an area landfill, the waste is placed it successive layers on the surface of the soil. The waste is spread, compacted. and covered daily with a thin layer of soil form a source away from the site. Both types of landfill must be able to bear heavy vehicular traffic. Both types involve a risk of groundwater pollution. Ease of excavation and revegetation need to be considered. The ratings in this report are based J.S. DEPARTMENT OF AGRICULTURE `.ATURAL RESOURCES CONSERVATION SERVICE • PAGE 3 CF 5 • 05/21/96 SANITAPr FACILITIES i 4 Endnote -- SANITARY FACILITIES --Continued on soil properties, site features, and observed performance of the soils, Permeability, depth to bedrock or to a cemented pan, a high water table, slope,, and flooding affect both types of landfill. Texture, stones and boulders, highly organic layers, soil reaction, and content of salts and sodium affect trencn type landfills. Unless otherwise stated, the ratings apply only to that part of the soil within a depth of about 6 feet. For deeper trenches. a limitation rate'Slight" or 'Moderate" may not be valid. Onsite investigation is needed. DAILY COVER FOR LANDFILL is the soil material that is used to cover compacted solid waste in an area type sanitary landfill. The soil material is obtained offsite, transported to the landfill, and snnread over the waste. Soil texture, wetness, coarse fragments, and slope affect the ease of removing and spreading the material during wet ?.nd dry periods. Loamy or silty soils that are free of large stones or excess gravel are the best cover for .a landfill. Clayey soils may be sticky or cloddy and are difficult to spread: sandy soils are subject to soil blowing. After soil material has been removed, the soil material remaining in the borrow area must be thick enough :ever bedrock, a cemented pan, or the water table to permit revegetation. The soil material used as final cover for a landfill should be suitable for plants. The surface layer generally has the best workability, more organic natter tnar: the rest of the profile, and the best potentisi for plants. Material from the surface layer should be stockpiled for use as the final cover. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PGE 1 OF 2 05/2i/96 OIL FEATURE_ subdivision Bedrock ' Cemented pan Subsidence ,-isk of corrosion Potential Map symbol frost action' Uncoated and soil name Depth ;Hardness; Depth Kind Initiai; Total s:eel Concrete In ; In In ; In i0: Kim >60 :5: Torrifluvents-- >60 U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • Low !Moderate ;Low ---Lot,: ;Hide ;Moderate UAE 2 • (.c.,./2 ?c SOIL FEATURES Endnote -- SOIL FEATURES • This report gives estimates of various soil features. The eeti aces are used in land use planning that lnvo_ves engineering considerations. Depth to bedrock is given if bedrock is within a depth of 5 feet. The depth is based on many soil borings and on observations during soil mapping. The rock is either "Soft" or "Hard". If the rock is 'Soft" or fractured, excavations can be made with trenching machines, backhoes, or small rippers. If the rock is "Hard" or massive, olesting or special equipment generally is needed for excavation Cemented pans are cemented or indurated subsurface layers within a deetn of 5 feet. Such pans cause difficulty in excavation. Pans are classified as "Thin" or 'Thick". A "Thin" pan is less than 3 laches thick if continuously indurated or less than 18 inches thick if discontinuous or fractured. Excavations can be ,made by trenching machines, backhoes. or small rippers. A "Thick" pan is more than 3 inches thick if continuously indurated or more than 18 inches thick if discontinuous or fractured. Such a pan is so thick or massive that blasting or special equipment is needed in excavation. Subsidence is the settlement of organic, soils or of saturated mineral roils of very low density. Subsidence results from either desiccation and shrinkage or oxidation of organic material, or both, following drainage. Subsidence takes place gradually, usually over a period of several years. This report shows tne expected initial subsidence, which usually is a result of drainage, and total subsidence, which usually is a result of oxidation. Not shown in the report is subsidence caused by an imposed surface load or by the withdrawal of around water throughout an extensive area as a result of lowering the water table. Potential frost action is the likelihood of upward or lateral expansion of the soil caused by tne formation of segregated ice lenses (frost heave) and the subsequent collapse of the soil and lose of strength on thawing. Frost action occurs when moisture moves into the freezing zone rf the soil. Temperature, texture, density, permeability, content of organic matter, and depth to the water table are the most important factors considered in evaluating the potential for frost action. It is assumed that toe sell is not insulated by vegetation or snow and is not artificially drained. Silty and highly structured clayey soils that have a high water table in winter are the most susceptible to frost action. Well drained, very gravelly, or very sandy soils are the least susceptible. Frost heave and low ecu strength during thawing cause damage mainly to pavements anal other rigid sstructures. Risk of corrosion pertains to potential soil -induced electtrochemical or chemical action that dissolves or weakens uncoated steel or concrete. The rate of corrosion of uncoated steel is related to such factors as soil moisture, particle -size distribution, acidity, and electrical conductivity of the soil. The rate of corrosion of concrete is based mainly on the sulfate and sodium content, texture. moisture content, and acidify of the soil. Special site examination and design may be needed if the combination of factors creates a severe corrosion environment. The steel installations that intersect soil boundaries or soil layers is more susceptible to corrosion thar steel in installations that are entirely within one kind of soil or within one soil layer. Fel r uncoated steel, the risk of corrosion, expressed as 'Low"."Moderate", or High". is based on soil drainage class. total acidity, electrical resistivity near field capacity, and electrical conductivity of the saturation extract. For concrete, the risk of corrosion is also expressed as 'Low". "Moderate", or High`. It is based on soil texture. acidity, and amount of sulfates in the saturation extract. TOWN of SILT • P.O. Box 70 Si!t,Colorado 81562 970-876-2353 May 14, 1996 To Whom It May Concern: Upon the annexation to the Town of Silt and dedication of water rights, the Board of Trustees of the Town of Silt will provide domestic water to lot 3 of the Scott Property Viking RV Park, Silt, Colorado, proposed to be exempted from the Garfield County Subdivision regulations. ATT T: Town Clerk Char gsteel, CMC yor John Steele HOME OF THE SILT HISTORICAL MUSEUM • • To: Board of Garfield County Commissioners Subject: Property Boundary Adjustment and Petition for Exemption This request for a property boundary adjustment is being made because of a family illness which has made it very difficult to run the RV Park business. Because of its 24 hour/day and 7 day/week requirements it has always been a challenge; however, now seems almost impossible. This request would allow us to sell the RV Park yet keep the house in which we live and the surrounding 5 acres. This is currently our "home" and because of its relaxing river bank atmosphere we have no desire to sell it or move to another location, and request the five surrounding acres to help separate us from any future expansion of the RV Park. We would also like to request an exemption for three acres located to the north of the property and surrounding our car wash and laundromat businesses. This exemption would allow us to annex this property into the town of Silt and further develop this pro property adjacent to our current businesses if we so desire. • • Commonwealth Title Company of Garfield County, Ine. 127 East 5th Street - P. 0. Box 352 Rifle, Colorado 81650 (970) 625-3300 14X (970) 625-3305 AUGUST 2, 1996 TOM SCOTT RE: VIKING R.V. PARK DEAR TOM, PLEASE FIND ENCLOSED COPIES OF DEED COMPRISING THE CHAIN OF TITLE ON YOUR PROPERTY FROM MAY OF 1952. ALTHOUGH IT IS SOMEWHAT CONFUSING IT SHOULD DEMONSTRATE THAT THE PROPERTY HAS REMAINED IN THE SAME CONFIGURATION SINCE 1973. THE ONLY REAL CHANGE WAS THE EXCHANGE OF QUIT CLAIM DEEDS BETWEEN SIEVERS AND REITHLEY IN 1978 WHICH WAS APPARENTLY A BOUNDARY ADJUSTMENT. IF YOU HAVE ANY QUESTIONS OR COMMENTS DO NOT HESITATE TO CONTACT THIS OFFICE. PERSONAL REGARDS, DEAN HUBBELL DH/dk enclosures t a._1i927 fii5 Dub, Lead rod .sd 9th fifty-tt'(0 .ELKEFt far.1 A. THms, May, • 1. w root at .o= Let au 1 LA. C.a.ty .t Garr f l e l 1 wad Sure .f C.1nr.d., se i1. Sat pert. out CLYDE H. SILV 3 r. ' T7' !:°T E7F.17 TF , ect ea tenants in r n L-vt 4"1-1 tor -rt c ulth t' ^h! t,� s lrcr•Lipt .4 Ale t'...et r w Ga r f i e . d .nt bu . .c Us. ...mut r•r - ita.a+:: Th.: U.. i.d part y ct t)., ars ,i:t, for said is couid.ntiaa of ti. sox se One 7o11r.r (t1.00) and other valua.tle consideration, - - t. 0.e ..4 port J .( the Ent par- s, Sand p b7 y w.id pmat i cr .f the s., -..d ,.art, La rreskt v.A.reme I. )142d7 .to- t.,. -.d a.d .. a v.'r-tr.d. 1+ b r,,.e..d. !c trsts+d. odd sad .++e.r.d. mad by' tl.... i, as 013 g s.et, L.rT-Za, zea. asz, •-i mei r..:Lrn m.t. 'ir .a.d part 1 ^ : of tSa Seco d post, t i:r.1 r l..:r. sad oloir-' I.e..ar, ea L sa.r.-'4&S '--- ilsat Set II of p..•s 4 a .f Ic d...ha►te, I t -1:.t Led Preare L t.l. Gans . sa.t : ta_e of c...44-.4 ,.snit [( • :.Ot 7 of Ss= .on 9, To«:iahiy 6 :.cuth,. Poi a 92 '. Eat 6t.". ?. K. 'Alan all ti: ;.-.art of tht. Kr -z icy, Socticnl 9, o..rn.1. 7 6 .Soul~ ra:y'9 rZ .cr;t�6th P. X.'_y/':E cn_tr, cf trla ,-roe:,: , right-of,-wa,y of t D. P.J.V. Frilroad tt_r3 now in aloe. , 1.1.0, a treo-of lar.::. Elt'.iat_d In the 7:-..1!:11.1, S: -•:_ �ction 10, ^oatty t • Scut`., F.Srfe92 1:eet 6th ?. eo:e rully c:.rcribe: cs fc11-.::1: 1.i.:,l.:.1- .-. ., ftt thtl SCLIeht.eE,, corner of '�.a �.��1..:{ of Stctlor. 10; �i,_`.r-=..%t7 - t %i` 1, ri '-b`•=.j lz%.: foe` L�ence ';crta 337-fo:•t�to the South :r.e of „i:a right-cf -w-4..y _ & R. 0. i:. ?-11roi.; t once North 34`43' 1:ect, 1325.4 fort rtlorJ! tr." South .int of Raid dent-of-ta3.7 tcrd theme .So..:th X154 Leet, szto2-4 or loos, to the point cf `,cEi:,r,=n;,. ':o: r,ti:e.r t:1th any -rd all isc.fi-ore:. to eituiate t,y0n tb$ 1r�_s L(0 C_co, - _ �. a . - Jt2co, rr."^es of ttr_ capital c;,o:S: ir. ^3 Ore -n1 :tl:- :. yitc� Co_„�r._-J; t:]::o, r c.:1 a.1� .ottre d•`-~ �.. 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Lrat jar'. aL-ar L :air sea *,a:.7, c 4.....a! b t• . a.S-na Loma.: Dr t-lra,, L -,-._:,Z To is oro a.e to 1..1 :1a ..d ; +le.s ..Se•. L•Ya.r ! m1 a --: d. irk! tt r, �xv: . tome 1� jart. i L' ef3i . r}r , - • F • f i ...) , t• 1 amraal j..'L tic l h -ars au: ri:-.-Ts lo+V.:y l -•l tl. r,41 f.' C S ^ r L. - ctt.Yz , . 3 y Grua L•a r....<..,:...r t.i.Z 1ar137., ea.c.'ss sof ads h.iet •s' •e4 t r71 uwriaC LTY.t.- od b -}o be tc! .r.Cs. e:=: 1.t-11, 0 3 et^s meal j.:. taro ll'.' ke.arf Yat. sa..!M t-`' rt as tt.�. .t e. a>ti-'•' Z tad t•- J7 .L U.saa pry.se"••e la tom. a[aead s: t!.., j,..,:Y.istr shove ase.•.,e.a. .a t; reeaL •m., per: act. alert: ale sod- wr_s,s si Wealt:... to in.', to fa. 1-sc:A, seal La 0 C lai tdce. toe. Foy sad 1.z.rft..-.1.r tt7 to grant. 1...:a..a. me soon sar-.T the ta.a.t L pour -oz m.1 :.acs ccs. Q..) Cart Ca, lia.ala..re fro* ad door t:aa a :sts.tr ..LL ..+ar Outs. Ls-n;LdLa ar'... lies tans. .&.+newt cal dm: '' a 1 r:ai,r.ar Mod Or laiatill...e.r ;,, ......q .-r---�' . -'----�- s • L\. . ' ' I 1 -t . .1 t. 4. • . - - - 3. sa,! r sort Ars/•: t.ti jr.e: r to to clad+. do %A -i+. mel rot dr"� L e� f Lias raj m..is� .cT-lad .0 mot .+vs p. moo .r v-o.r-• 1ma-t.Ly doss=of ` pat 7 •[ u. telt µrt ...:t .a1 will It arrs.d ..1 De...r 1:..e.444. licoccohla ad is ira:. ami anal ASN Gair la MIAs.. R1.....: T ..a:t )arty at t:a ewe past LAS rat yaw frac clow v t:s.a -d.44--d �.. E i.• , 1a a* .i.t .a.1 H-1:4 p.aa.sda*. 1 13e odd amt 1 s rf oa .ma.wJ p� , 4C1141..? ipa{, t iLd sod tii..s.4 io Tr.ra. • Du STAT2 W CO LILLDO. ` s sa C,,.rrd G..rtlel&. L1'sr�' Lllscbttb Scbvtte e.- -_ a notary - .1 Lr mad Goat:, I. Wt atalo atorwall, �.. Le..l's artily oat SII.}r�i L. VMS: . _ . _.. it asamstrecrl is taw rias Dud. x.a.w 1.8:h 44. of Draw`!! .ii 65, ta.c..� CLYDE H. C1EVtPS and IDA i(A.Zr SIEVE= of the a.ay.t Garfield .14a:.t.stc.:...a4 et tea Greg part, Lad • et Coe Coward Garfield ame d:. w d ca.ray, .f ty. RTnc=„gf STL Slat Ur said pari fete' the first part, for pad V feasitarsties of tier .ase d :TX DOLL.AnS AND OT.iER GOOD AN VALCA3LE CCNS1DERAT1O ON 2141 Y22. CLYDE H. SILVERS J • w tS...id farti c s .r the !trot part to bawd pad b7 the acid part y of the s.eotr fact the reee:pt trierwd 1.r.2y ere: acwd .14 sAx.eo lea.' .,1, La v e :Tat tad, brant d, 'e -:d szd can .'i 4..ad y rrast.:.a-,as saw cc -eve -7 and ,rcllru, txt. th...i4 .rt y tt 1...cowd port, his -t pad Ras!„-nr for m% i_' th. f..U.-.irr 4acsi Std ;o: s sr 'a.or` 6 c' Road, s:tca:.a, ,rttxL Rai bdy= ti ear C.4t- td Gsrf1cld end stat. Lot 7 of Sectic:.n 9, Township 6 South, Range 92 West of the 6th P. M. X:SO, all that part of the NE 1/4 NE 1/4, Section 9, Township 6 South, Range 92 Hest of the 6th P. M. lying South of the present right -of -.ay of the D. t R.C.H. Railroad and now in Lae. ALSO, a•tract of land situated in the NW 1/4 t•'W 1/4,4Section 10, Teti^ship 6 South, Rance 92 West cf the 6th P. M., more fully des- cribed as follows: BEGINNING at the Southwest corner of the NW 1/4 N 1/4 of Section 10; thence East 1320 feet; thence North 337 feet to the South line cf t: a right-of-way cf the D. t R.G.W. Railroad; hence North 84a<8' West, 1325.4 feet along the South line of said right -of -.ay; and thence South 454 feet, n;re o: less, to t.:a point of beginning. TOCZniER with any and all improvements situate upon the lands a= ove described. ALSO, three (3) shares of, the capital stock in The Grand River Ditch Company;also, any and all ether ditch and water rights be- longing to, used upon or in connection with the lands above des- cribed. TOGETHER with a 25 -foot easement or right-of-way lying on the Easterly end of the folla.iing described tract of land, which easement or right-of-way is to be used in conjunction with the o.-.er of the tract of land which it crosses, to -wit: A11 that portion cf the NE 1/4 NE 1/4, Section 9, Township 6 South, Range 92 West of the 6th P. H., lying between the South line of Colo- rado State Highway No. 50 and the North line of the Denver and Rio Grande Western Railroad right-of-way. TOCE IIEtt with ai pad .fagular the aenditao...ta .nd appurt.aaao.s tint* aalonrirt6, et V sa>•t.• appertaining, pad tis ,e..rsiew ..1 m.ortiea., r.e.ain.drr .af r.,alnd.rs, meta, issues and wants themed: ..4 .fl the ..t.t.. nfitt, tits., ragwort flair and £. ..d rl.t.00.er d the .aid pertiesof the first p.$., tier a law or 'quit 7. sof, La sad to Or abem bar -valued proal se, with the Lmditaa+euts sad appwLaaa..., 11 »t aO, rwr rp arm b -1s -et s • Book 409 Page 136 Recorded at_9: 34 oictock � M. 24 9 April 6.1970 19 Chas.S.F.ee_an Recorder. t� liIhat 11, ar' B, gI3rh13t3rEsats L1 W 1IEVEIS o1 the and County of Garfield ,and Some of Colorado for and rn consde•onon of the svm of TEN DOLLARS and other pond end voluebfe consrterotgns to M se'd Grantor or G.a.ttors m pond po.d, the remote .hereof rs hereby conlessed and tro 4dped, how prorated, ttrpo"fed, sold and convr]rd, end by these presents do hereby GRANT, BARGAIN, SELL .4NO CdVV,Y unto The Department of Highways. State of Colorado, Gron'.., its successors orad ossgns forever, the folto.tng not propert- situate m the ofd Covnty d Garfield end Stott of Colorado, to -un: • • Ms Grantor or Grantors. • A tract or parcel of land No. 1 of the State Depar2be nt of Highways. Division of Highways, State of Colorado, Project No. 1.70-1(12)89+5ec. 1, containing 10.386 acres, more or less, in the NWk of the h'W> of Section 10, Township 6 South, Ran, 92 West, of the SLxth Principal Meridian, in Garfield County, Colorado, said tract or parcel being sore particularly described as follows: Beginning et a point on the vest line of Sec. 10, T. 6 S., R. 92 W., 6th P.M.. from which point the NW corner of Sec. 10 bears N. 9' 40. 30" W. a distance of 910.8 feet; 1. Thence S. 85' 23' 30" E. a distance of 1,327.0 feet; 2. Thence S. 0' 39' E. a distance of 10.0 feet; 3. Thence S. 85' 23' 30" E. a distance of 1.0 feet to the east line of the NWk of the NWS of Sec. 10;- 4. Thence S. 0' 39' E., along the east line of the NYk of :ane WV of See. 10, a distance of 30I.7 feet to the south line of the Mt of the NWk of Sec. 10; 5. Thence S. 89' 42' W., along the south line of the NWk of the NW} of Sec. 10, a distance of 609.7 feet; 6. Thence N. 82' 28' W. a distance of 720.0 feet to the west line of Sec. 7. The Thence N. 0' 40' 30" W., along the wit line of Sec. .10, a distaoce of feet, more or less, to the point of beginning. above described parcel contains 10.386 acres. more or 1esa. Reserving unto the greeter all coal,'oil, gas and other hydroearbona and other valuable minerals in and under said premises; provided, however. hereby covenants and agrees that the greet.. shall forever have tbs right without payment of further compensation to the grantor , any and all sand, rock, and other road building materials found in or upon said Parcel No. 10; 327.2 , end all clay - and the grantor to take an4 use, grevsl,.sartb,. 1. e•--•�-- --- ..a ...... that no az .]oration for. or development of 4 7• • ,1 -• ) • l• 4 .4 \ 271961; 1 Ii, 1 th ' t *won - - I 1 't "P 'lay of Piaui h SIFVERS-- APO ! 463 940 • It••••Est • lu•••• A • Pl. 1 of St It i t I t 1 , stete • A tie In .4 pet,. ill - H. S1EVER'I ,tna I. SIEVERS : •4 rowT, of sit c (;.t Id'! anti State tif 1• hi • 4141 Al 1 VI 44 • • APR 2 It '‘ I I \ ''ll 111, 'I ha, 'he ..4141 part V ttr the firtit part, fitr and incoruiittiorrition of the *um •if 11-% :$11LIARS AND ornER GOOD AND VALUABLE CONSIDERATION DOLLARS • • I,. v .tr the I., •It pat ' hand ' 1 the Pali, Iwo the peconti part, the receipt r • ti. A .1.A. • aiiii act % *old. conveyed and quit • A I -.•11 t S I..' relearn.. •ell, convey and quit .laini unto the said parthts of ••• • 1,irt their httr • 3,•41/4!. (r'' pr. not tn tenancy iti common but in joint tenancy. all the (Ur •A'• ol.•re•I ot I liv4•1.4•••1 hi, h the tut4R1 part V tit' the fir., part haS in and to the • '. lot .4 parcel s t•f land sitiirite. lying and beirg in the Lot of Section q, Tp. 6 S., R 92 W., of the 6th P.M. 4 Garfiell 3rpi step •if 4 'ttittrtithl, to wit: All that part of the NEtNE1/4 of Section 9, Tp. 6 R. 92 W., of the 6th P.M.. lying South of the present right-of-way of the D. & R. G. W Railroad And now in use. A tract of land situated in the NWkNWIt, Section 10, Tp. 6 S., R. 92 W., of the 6th P.M., and more fully described as follows: Beginning at the Southwest corner of the ITWkNW4 Section 10, thence East 1)20 feet, thence North 337 feet to the South line of the right-of-way of the D. R. G. W. Railroad; thence North 84" 43' West 1125.4 feet along the South line of the said right-of-way and thence South 454 feet, more or less, to the point of beginning. EXCEPT that part ;.-onveyed out by Document No.'245539. V\'114 Also: Lots 1, 2, 3. 4, 5, 6, 7, 8, 9. 10, 11, 12, 13 and 14, Block 3, Town of Silt, Colorado. T(1 HAVE AND TO the woe. together -.1th all and angular the appurtenances and privi- timer.. • twr..tintn ttelongtng 'r in an...1••• thereunto kippert.aining. rm.t ail the eAtate, right. title. intereat. tatti part y ,.f the ,art either in IP% or 4.9130: unto the ...aid partie. of the ..-cond parr, their hem* and forever. no'. in tenancy in common lint in joint tenancy. IN v. IT\ tt 1-:RE0F• part y of the (Ir.i part ha S hereunto 'Art his 'tarps ••• the 'IA ;I• I ‘,141' r4t rit •. e•—• de , , ,t t,41; .1-•• ; • •••Ptltit C e4r..i.A, 3 [SEAL) [SEAL] ISEALI STArE oFtritORAIA), .,00ty. of GA i •• ;," h • • ' • . lot,: .1 le rite h 76 , elide H Sievorc te• • 1 .4444 '4 t•f ; •o•r, . os N•4 Jra• •tw Mtn, 4.4.s. trttowit Perrot , ..b....*4• ,1111.9.411. 1 i r 197 S, beta ten t ,1Clyde H. Sievers and Lucy J. Sievers �`� s'Q of the County of Gar field , State of vivairt fu Colorado, of the first part. and ey K Earl ega Keiaddressitd3071Elm1, Rifle,CO81650 whose legal and State of of the County of Carf isld Colorado, of the second part: WITNESSETH, That the said part les of the first part. for and in consideration of the rum of l ----------- To---------------------------------- DOU.LARS to the said part leo. part of in hand paid l.y the said parties of the second part, the receipt thefirst i\ whereof is hereby confessed d and xknnwledCed, ha ve remised, released. !old, conveyed and quit claimed. and by these presents do remise. release. !ell, convey and quit claim unto the said partil the es of the second part, their Fairs and assigns forever, not in tenancy in c mmofin but i in hvejoint to is cyand�o the right, title. interest, claim and demand which the said p: rte, and being in the following described lot or parcel of land situate, lying County of Carf field and State of Colorado. to South, R. 92 West of the 6th P.M.. A11 that portion of Lot 4, Section 10, Tp. situate easterly of a boundary fence in place and in use running along and parallel to the section line comma to Lot 7, Section 9 and Lotc4l Secf tion 10, Tp. 6, S., Range 92 West of the 6th P.H. and southerly ofLatpa, elcofol 10d all situated In the SE'•SEy, Lot 7, Section 9 and the '�'1• Nti , of the in ThnyirightSouth. wayRange ProjectWest 1-70the andSixth aore particularlydescribed southerly as southerly follows: Beginning at the corner common to Sections 3, 4, 9 and 10 of Township 6 South, Range 92 West of the Sixth P.M.; thence S. 00.13'59" E. 1187.63 feet to a point on the southerly right of way of Project 1-70,the true lines Project of beginning; thence along the southerly and easterly rightof 'day ' I-70 S. 00'42'00" E. 44.70 feet; thence S. 82'34'32" E. 700.00 feet, said line being alongside an existing (ence and southerly of a frontage rto a oad dt faProf rte; ect 1-70; thence leaving said right of way south 26.29 feethtoca poavng said thence alongside a fence S. 89'22'25" '. 683.47 feet' fenceline F. 67'01'17" W. 221.01 feet; thence N. 59'17'36" W. 236.67 feet to e point en the southerly right of way of Project I-70; thence alongside an ;I existing fence and said southerly right of ayProjeserria to ect 70 S. thparties o0f0" t first 397.56 feet to the true point of beginning.PLos and osee n and all ditch pas menta of record or in p 1130 mown u street and number lar e s and prici- TO IIAI'E AND TO }Irma the same. wise theseun ovr with all and appertaining. and all thehestate,iright tile. interest. leges , hereunto oe e r 0f t or ;n aniequity.unto the said parties and claim what of the said part testi the fiat part, either in law or of the second part. their heirs and assigns forever, not in tenancy in common but in joint tenancy. IIN11'ITXESSII'HEREOF•Thesaid part les of the first part ha ve hereunto set their hands and seal a the day and year :first abovet [SEAL] Signed. Sealed and Delivered in the presence of y e• Si vers I 7 _.[SEAL] _....._.._ _ ........._ � ILy — /cvis .�a,vc6,t,yt,_._-(SEAL] , ltecerdel at. (.pti4•% N.. 9. 3, :eIsc . yt..- DEC 2 7 1971 291C41•- THIS DEED, Made this .be4 day of ^' J ' tr ' 520 .a.S72 _...Il.r..i.e. R.e, 4e''s Stam. STATE OF COLORADO, County of Garfield The foregoing instrument was acknowledged before me this „p day of Dec a• �- aie e' 19 71,by Clyde H. Si and Lucy J. Sievers f+r J...,� r/ }t)• tommisskja expires /Sir •11'1T1tSS. hand and official seal. 1 To —T• 1«•1 T•••e•• x.aan MAW. 71, • a•..•.kJ 1Q/ / , ✓ . ty 7 • . Fttncca At TinsUl.r•.n• sIaJe tni. 1/0_ -�� nur fa Earl [elthley and Silos L. 1Ceithle7 and State of Colon•do. of the first part. and Count) of Garfield tithe Clyde B. Sievers and Lucy 3. Sievers II Irtssis 32956 Puy 6 4 7A. Silt..Colorado 61652 MM+c k� Ili and State of Colorado. of the second P1�• County d Garfield pf the i a' ' tion d the sum d ' i for and in csw+•iScT" Ott of the fir d part. pollen. ; n ies M f7\ESSF.7H. That the said (�+ • 'M`' rt, the receipt said part le•"fthesecondpa to the said pan !ev'f the (N part M h As 1'Ni`l F) the rctcased. sold. eonseled artd QWt'Cr' ed. ha v e remised, of Ore I sed and ac►noMkdE s Mhctcof is ficrcby co^(cs to the said pan ies remix. sell. cons e) and Quit -Claim un and by thea presents do hr, tick. interest. claim and demand •� 1 heir. and a••'Fn• (.xcs n, all the riE LAND I their h.,f LOT OR PARCEL OF 1J► he said part in and to the hlIsw tnF dcscn of the fu.t pan lu we the vial Nn ies i Couro d• Garfield t sitwtc.l)inE and M R in the n and I, Mit: which is located within State et portion 6th ted t of the following described property Ilyi portion a 92 West of theVK Lot 4. Section 10. courtship 6 South. Range 9 and ��` . t° NEVEtt. Lot 7. Section the V1/4 it a 92 West of the of A parcel of land all in Township 6 South. Rentberly right-of-way the Pr i, Secti on 10 all lying southerly of the • as follows: Principal 70 an a more particularly described Project I-70 and00.13'59 A. 9 and 10 of Township " 6 at the corner common to SectionMeridian: thence o Project I- utthe Sixth Principalright-of-way h °f 5. e 92 West of the southerly of • easterly South, hang Dint on the southerly 70. 1the t feet to a point thence along E. 44.70 feet; Dint of beginning; S. 00.42'" alongside an existing the true P Proj said line being 11 right-of-way lines of efeet. set I-70; alongside leaving side 1 62•}L'32" E. 700.00a road o[ Project thence alongside 1 thence S. frontage int in a fence: fence and southerly of • 29 feet to • point said feocellna S. I said right -of -s+•Y south 26. 47 feet: thence feat to a point a fence S. 89.21 01 aV68 t. S9'17'36" W. 236.67alongside an '� ! W. 221.01 feet: thence N. I-]0: thence alongS. 84.29'00" on th is right-of-way of Project 70 thence I-70 td southerly ht -°f on the southerly rig beginning. existing fence ■o heitrue Point of beg .1 E. 397.56 feet to t • • .r73s^ it.., 1 Rerwreee st N . •1 `97i,a Rerert..o L.IYLYYV F 198 THIsDEED, Madethi•17th d•yef February .1982. between CLYDE H. SIEVERS and LUCY J. SIEVERS of the County of Garfield and state of Colonde, of the (int part, and ARTHUR P. GOULD and RUTH E. COULD whose legal ■ddress is 32954 Highway 6 & 24. Silt of the County ofGarfield acrd stat``! Colorado. of the second part. tf IT\ ESSETIf, That the raid part iesof the fint part. for and in eonaderstion of the sum of Ten Dollars and other valuable consideration loth` said rattles of the rrtrt put in hand paid by the rid part tea of the second part,the receipt whereof is hereby cont...sed and acknowledged, h• remised. rek and, sold, eonnyed and Qt.1T CLAIMED. and by these present• do remise, release, sell. cons ey and QUIT CLAIM unto the aid puleS of the second p•rt.thelr heirs, successors and n.ignI to,tse r, .11 1).e right•tale. interest, claim and demand which the said pastellist the first part hue in and to the following described Int or ravel of land situate, lying and being in the Coo nty erGarfield and State of Colorado, to wit: See Exhibit A attached hereto and by this reference made a part hereof. 593 r;t I 73 ord` r. RECORDER'S STAMP 11 GARF1ftD FEB 1 8 t 82 Stat. Doc. FH $ r r also known as.treeland number 32954 Highway 6 & 24. Silt. Colorado TO HAVE AND TO HOLD the same, together with all and singular the appurtenaner0 and privileges thereunto belonging or in anye... thereunto app toning. and atl the estate, nrht. title, interest and claim whatsoever, of the said part leo f the fret part, either in las or equity. to the only proper use, benefit and behoof of the said pardes of the second partthe ithrice and snigna forever. 1\ WITNESS ttHEREOF, The .aid part fend the first part blue hereuntosrtthei band a and seal a the day and year fiat above written./•C s --- 9t r 7en t �u/1/J ISEAI.I i ` Signed, Sealed and Delivered in the Presence of STATE OF COLORADO. Countyef Garfield SEAQ SEAQ �SEAU The foregoing instrument war acknowkdt.d before me this 17th t982.br CLYDE H. SIEVERS and LUCY J. SIEVERS. days February ,19 .Witness my hand and officiators!. alt Cot& Av4 Glrnwtwl Spr!Mra.CO tier_ Ly Cuc zi,.;oa Ez; ins Nay 3.1981 !tee. 933. 14 recut. el le. 1....1,04 Aw+r r. 0.• t A.."s cr..:u.r w._.saar_.6. A rj EXHIBIT A 8:,-( 59,3 h5E 74 a'Y Attached to and forming a part of Quitclaim Deed between CLYDE H. SIEVERS and LUCY J. SIEVERS as grantors and ARTHUR P. GOULD and RUTH E. COULD, as grantees. A parcel of land situated in the NEtt1:E4, Lot 7. Section 9 and the NWIt, Lot 4. Section 10 all in Township 6 South, Range 92 West of the 6th P.M., lying Southerly of the Southerly right-of-way of Project I-70 and more particularly described as follows: Beginning at the corner common to Sections 3, 4, 9 and 10 of Township 6 South. Range 92 West of the 6th P.M.; thence 5. 00'13'59" E. 1187.63 feet to a point on the Southerly right-of-way of Project I-70, the true point of beginning; thence along the Southerly and Easterly right-of-way lines of Project I-70 S. 00'42'00" E. 44.70 feet; thence 5. 82'34'32" E. 700.00 feet. said line being alongside an existing fence and Southerly of a frontage road of Project I-70; thence leaving said right-of-way South 26.29 feet to a point 1n a fence; thence alongside a fence S. 89'22'25" W. 683.47 feet; thence leaving said fenceline N. 67'01'17" W. 221.01 feet; thence N. 59'17'36" W. 236.67 feet to a point on the Southerly right-of-way of Project I-70; thence alongside an existing fence and said Southerly right-of-way Project I-70 S. 84'29'00" E. 397.56 feet to the true point of beginning. There is also hereby conveyed 1/10th of one share of stock in the Grand River Ditch Company. There is hereby reserved all ditch easements in place and in use and a 60 foot road right-of-way. the centerline of which shall be the centerline of a roadway presently situate in and place. �"xorrter+ of LA ,17Co o'clock M.j 0.• Reception No. 3:4850 MILDRED A(.WO r, RECORD �1X SJR \,. :11,.44 %1MR.4\ I1 IIf. F:II-- SI,nrl I'm m. 11,.111•",, rutd.•I.o',,,.. 11:1 las,1.,,. .Irn,...I ..1...14.1... .-. '.'L„-11.11 i itis 1)l:F.11, )t„11,•11.1. 17 tt, .i ..( February ARTIII'T. ^. COULD nn.1 AUTI1 E. G^ULD 11,,. 1• ".,,r Garfield L'. P..ry Procto: ,14•'14 ,,.,..,,Lt„_ ,_ 0029 Panoramic Drive , St:t, Col orad,, 111653 .19 82 ,hrlwern 811,1 M a1,' .44 1'olnradu. of the Aral port, and ..111..• 1 ••untt 1.f Garfield 1104 S' 1.1.' 04 4.0101 ado, of t hr .mend pert: { 19 . P. GARFIE D FEB k8 tanSDoa. Stats • $ l�mI 11 I 1 \ F.'-' 1:1 I1. 11,01 1 hr .011 purl lea of, h,• het part, for atul .n roo.ideratlon of the num of Ten dollars and other good and valuable consideration ---•- 1N71"I:,CR4, 1..1 b.• .:,,.I p;u 1 1 es ,.1 1 h•• fila pint in hand paid 1p• the .a:d encu Y .•f the sl•cond pert, the receipt .' het 1,4 1' 1..1••1 4 .4.4'1...,,..1 and :1rAn0„ 1. 11111. hu Ve granted. sold and ren% eyed, and by these presents 'L• r110n.hatl±nnl.".4., •� and ennf,nn,lint. the said part Y 011 he!wand part. his 1..•'1. - .,1.•I n --:en- 100•,.••, ell I lo• !..ulna n1e.I.•.rr,1•.•,I tut or parrot of land, situate, Lying and being v,'1,• •'ounq 0( Garfield and Sate of Colorado. In vile See Exhibit "A" attached hereto and incorporated herewith 1 this reference. t, :,!her with one-tenth (1/111 share of stock in the Grand River Ditch Company. 1111.1:11111:Ir l4 ,t 1, ell :m.l .n,¢uhlr 11•,. Imlr.Linun•nu and opputl.•nnn.•rs Ihove unl0 I'.Innlr,I,44, ul• In any w114r : ,q.t 14.0,0.,•.:• 0.1 I I,.. •• 1 •-, •1..n 1..01 1 r. r. 40.'1., ,.•ouluuh•1 and ,-,',,,,,,n,l,'r,.. 1.• 11%. is.ue.. ou,l 1111411P 11'.'1.'..(4 1111,1 1111 1111. ...10 t••, r'l'1'I 1111.•••••!, •'hn1., :,1.,l d. 41, 1,1,1 wh1,1+...•..•. ••f 111.•.n.d wilt ta'3 1'1. Om f,,., ;'ntl. 1•Illl.•r 1,1law or 1111111\•. .•I. ,1. :n.•• 1.. 4,, .,1...•. I.,..r......'Ii.e.n"..•....lilt 1 h,• 1114.0•,1'1 '1.1. 1111.4 *Wpm 14.1.11118,11. 111 11141: 1\U 11111111.11'1•. -u1d ,•r...... . ,1101...• 1•:0enn0.41 ,u,.I dr.rr.Lwl. w',ll, 11.1• uppurl.8n:1,re1 unto the.ao1 .., I I •.... .....1 1.;,•4. 11141 hru. nt,d 1...'r n. f1.n•.,•r.:\u.1 llu•.nul purl t"'t Lh,'t'1 v':•t , their 1.11•10 4.1,44.1.1111, 1.0.1 :e11 .,n.l.l rt•lur•.'lo r4.vrunnl. .• ., , •, .1 .. , r. ,.,..f aII l'•I,1. .led Innl Y .1 -eq. 11..,11, his h.'11'.,lI,,I 11•1411t1,,.• 1414 .. . ••. ..111'.•.1 p0 .•l,i° they are 1A.•11...r.•d•.rih4. p0•o11144.. ah,.rt• • •" 14 • ' • 14' ,. • . •••••1 '.,•• 1..•• 1.41 :'1,.,.1111. .4,4,1 ,.o1,•1.•11.11.1 •,•.1:,1.•'.1 .111'1't11,11114., 11. 1:1%14 ,1. 1.••• .I1,l4de. .,,,.I 1111Ve �...wl • ,I" • ., t•.: • ' '•,•! •44 ••,::."1 h..• In 14•. 1.l :nn, Luo t'11111....•11 ,.0.1 1.1..1.••••.,.s• ,.1 ton .....•• 11'141 1:11 a1 1114 ulorrrn.,I, loud .I , •. .• •... ..n., •Ir;•.' I. uln loll lot 111,4 4.44,1 ,•1114., 4•1.4, 1•:"1•e.U.. ..II.•., 1•. n.. In\e., as.,wsm••ul. 1.11,1 ,. ,,•. 1..:,,.•. .. 1...1 .1 14.1.,.,•.•,.•.... , except. 'Id, • or l oil l,l opt!, l y taxes, 'lovertlnlental, rules 1'ul regulations, U.S. Patent resPirvati'nu; 1,•..•ided in Nook 12 at Pale 410, I+•.•,I: 1: „L P.+'tl. I(•ti, 11,o.;: 12 at. Page 244 and I•••',k 141, .11 1'0,1.: 4N3 of the Gat Geld 1'n•nity Pe '.46•;, oil rnd (;.l^, Leases recorded in I'...4: '.11.1 .It rage 1100 and in nook SII', ,t ap. ..n,1 .n, easement. •In,! right 'l way .,:; 1,1:1.1,1.•0 in nook 5145 at. Page ,. , .11.•1 ; .1..:,l.! . p, . '1414....1 ' h, uol p.o 1 'f ..i 11,. ..•..•1.11 poll• • r, 1,h :10.1.•,. .. 1..I •1'•141 p.•.-••1,• Iaa nn' .u4.,.'..•••, I..rl:nul ll"•,. In.lr ,1414 t 1,.' 111-1 1"1.1 .41a11.1...I 14,11 41 .4 I; It 1'. I .1\ 1.1.1111.11:1: LF:1 ENI. I • n I I \ I . '4 III III ' , I I • . : 1..1 • I u:. .. 1"• n, , p, • 1 1,;, ve h. , , 441'. • 1.1 1 114 4 ,1111. /Ar4h'le" 1'. G"t1 d ' .,1 1., r,. i+.. //if" ;4144[.•.! ISE: II lour h 1 . ':0'11.1 1.1:.'1.1 �. .!.t r / ',EU 1,I1x 593 ME 80 EXIIIBIT "A" A parcel of land situated in the NE1/4NE4. Lot 7, Section 9 and the N1,''1NWit, Lot 4, Section 10 all in Township 6 South, Range 92 Nest of the 6th P.M., lying Southerly of the Southerly right-of-way of Project I-70'\ and more particularly described as follows: Beginning at the corner common to Sections 3, 4, 9 and 10 of Township 6 South, Range 92 Nest of the 6th P.M.: thence S. 00°13'59" E. 1187.63 feet to a point on the Southerly right-of-way of Project 1-70, the true point of beginning; thence along the Southerly and Easterly right-of-way linea of Project 1-70 S. 00°42'00" E. 44.70 feet; thence S. 82°34'32" E. 700.00 feet, said line being alongeide en existing fence and Southerly of a frontage road of Project 1-70; thence leaving said right-of-way South 26.29 feet to a point in a fence; thence alongside a fence S. 89'22'25" W. 683.47 feet; thence leaving ssid fenceline N. 67'01'17" N. 221.01 feet; thence N. 59°17'36" N. 236.67 feet to a point on the Southerly right-of-way of Project 1-70; thence alongside an existing fence and said Southerly right-of-way Project 1-70 S. 84°29'00" E. 397.56 feet.to the true point of beginning. COUNTY OF CARFIELD STATE OF COLORADO *corded et_J o'clock M NPR 0 5 1985 • Reception Nc. 360694 M LD11EO ALSDORF, RECORDER G 1f,F!ELD COUNTYGIS 600FE.D GARFIELD (Statutory Short Form) QQ44{R� �r, 'B'taPjej.9}85 E. RAY PROCTOR, for coneiderntion of Ten Dollars and other Rood -and valuable cnn.Rlderation, In hand paid, hereby Nell And convey to FORT DEFIANCE, INC., n Colorado corporation, whose street addreAA le 809 Rieke Avenue, Glenwood Spring,, Colorado, 81601, the following real ptoperty In the County of Garfield and State of Colorado, to -wit: 666,, eitt 6i A parcel of land situated in the NF1cNE4, Lot 7, Section 9, and, the NWtdffite t et Lot 4, Section 10, all in Township 6 South, Ranee 92 West of the'6th P.tt, �'' lying Southerly of the Southerly right of way of Protect I=70 and entire }+• particularly described NA follow : Beginning At the corner common to Sectlr:ne 3, 4, 9 and 10 of Township 6 South, Range 92 West of the 6th P.M.; thence South 00'13'59" East 1187.63 feet to A point on the Southerly right of way of Project I-70.: TRC--TRttE POINT OF BP.GINNINC; thence Along the Southerly and Easterly; righ'f`,of way Hoeft of Project 1-70 South 00'42'00" Emit 44.70 feet; •thener.South R2.34'32" East 700.00 feet. amid line being alongside an existingitence and ' Southerly of a frontage road of Project I-70; thence !eeving:eaid',rieht t+f was, South 26.29 feet to a point In a (once; thence alongside. a"iente4 South R0'22'Y5" Neat 683.47 feet; thence leaving said;fenceltne.Norch'.67'01'17" teat 221.0' feet; thence North 59'17'16" Punt 236.67 feet to a point"on the Southerly right of way cf Project I-70; thence elodgside an existing .fence and said Southerly right of way Protect 1-70 South 84'29'03" Eset'39'.56 feet to THF TR1'P POINT OF BEGINNING. T(CFTIfF.R with all water and sinter rights and ditch'and•catch right,. which Are conveyed without warranty. with all 1t,' appurtenances And warrants the title to0aame Anbject to general property taxes of a ,urrent neturel building and 'toning-r,tgulatlone; U.S. Par•dnt renerv,rion,. terms And conditions of Oil and'Oee .tense by and between Peri Reithlev, n/k/n F.arl D. Kelthlev, end 6'(lrea L. ,teithley, to Lessors, and L. Scott Tnrker, nn Leese', recorded Jcnuary 4, 1978, in Rook 504 at rage 500; term, and condition, of Oil end Cor: Len•^t by And between Clyde H. Sievers And Lucy J. S1everR, fin i.ennor,, and L. Scott lucker, Aft Leeree, rrcorded February 1, 107P, in Rook 505 nt nage 621; .anemer.t And right of war fo- nn a:ttam rood nn granted to W.C. Meadow, and F.J. Meadow, to Instrument rec,,'-'pd October n. 1081, In ar.,k ;P1 nt Pngn 82; And n sixty foot tight o, vat AR recurved 'n 1n,trurr.ent rrrorderi Febr,Ary 17, 1987, in Ronk 191 at Page 'l. w ,;r1:NFO this 1st day of _ April . 1985, .1 117 t''- 1''1014npO I M4. !tll!N11 01 ,:.\RF'1F1 1' r Fhy I..ree.' "r 1n,trument was arknuwir•.IKed 'elory re. 0.1m 1St .:ay of - l\lrl_11__ --- --- - 19MS, i,% r. Ray eruct”,, ✓ I I':1 L„n.l .And .0 ,1 I, In I ,.•..' . ..mrtivnl.•,. . .plren: !.._tel N”r.rry Pu is i,t 7th Street South Site 1000 R1(',•. Colorado 1:1650 •\' •ti • Wil)( —360695 -- s frik•S C,:y. • QUIT CLAIM DEED I NIS 14.F.1), Made s Is t slas (1" Apr II JUDIE J. AOCTOR 'enuntyr arfield - • and State .4.i. 30, lif P.111.... A • rd 19 85. DEI .NCE INC: P. 0. Box 902 Glenwood Springs. Co .8160 -.' - ' , . i •.t.-4-•,-,)o-at., -,,,,.., s.,. . • , ., , , ,, .1 the County of Garfield and Mateo( Color:ez., ,', ,.. Vi I I Ntl 'OA 111 i ho the gratthsri • I. I., and in corisideration of the sum a . -•,,,: - -- " • • ..-' • ,,,..„ '',' zi",-• •. Ten dollars and other good and value bl e cons id erati on ,h,•,,•,,-.1-., 4141 ',Of,. If tli. ) 01 which o hereby ikknoss ledped, ha s . remi,ed. rel,-smed. wld. convoyed and QUIT.CLAIMED. and by thrxr rit `sl'ISI As, es Femme, relerrae, seP. ciirory and QUIT CLAMS (mhe oo tr arore(11.',„..'.-, it S ' 'f: helm, itICCC'Sa011 and 13Signi• Fh .11 111c .!t, title. inrs te.;. elioni and derianst is hich the prangorG l%) ha in_anid.,,to.the•teal property..tosether with m ' 1 d . rnenwn, .• ,,, . sittiate, lyinf and ',ewe bit w ar t.e n - • ' Counof - - • .' -•••f's: and State Or tic, •10,-.1 i.. (01109,..., ' .i' . . . •:....;., '4...''''..s,,' !..::.•': i .. '.,•.„ W....: ' - •• ..• ' ' ''' ..,:•;.1-•-•....:;•.'' ....' ..- ' -•' tf,-'''' '.-:' .. '-- ' ....''' • • . • . Benx 666 FaCE66.?. „ -• ,;•• ,, ado. itilne(al, • - " • t • sty SEE EXHIBIT "A" ATTACHED,HERETO AND FORMING A PART HEREOF - - • • - 11 ••• •• S1,4-1 1010114 11 0. • , 11, •1 1) • --11•Cr .011. ..11 and xineulat the aprutts:narket. and privileges 'hereunto belonging or in • • , • ,,, . ,111.1 .I!' ',eh'. m lc. interest A.41,1.6111 whnt.vesrr, of the grantor's'. either in law iw etrilly, 10 "".•,uI 4.11°°I 0.0,1040 1 t.S Iters A0d a,t,iens forret ,•, ; SI I lo S excitingl this 1lv001 011 ihr date set kaih ah.Ve. 9 •,.,%11 t tee N1.1, .411.1s Garfield ••• • sit s•st, ,i I n,,snli...1gril tors 'n iI Colorado !I.. 1st Judie .1. Proctor 4-29-R6 • • •: e.1 • r .r„ . AI: of..t. • , sol I 011111s .1 April Garfield 1.1 ‘‘,11.•-••• Ob. 0 60.1 1,11; 141 seal 40 7th Street Sli0 til""S u t e 1000 Ri f e . Colorado 81650 , - — NI, (I Itt . 1&I ,o t sot t , ••: ,••••• .14.-••••••• • 0'. 19 85. 001 , • c.. EXHIBIT "A" A parcel of land situated in the•NEIINE4, Lot 7, Section 9 and the ' Nw;N;:, Lot 4, Section 10 all in Township 6 South, Racg6-92.West of the 6th P.M., lying Southerly of !:he Southerly right .of way of Project 1-70 and more particularly described as follows:•„`-: Beginning at the corner common to Sections 3, 4, _ 9 and' -10 of' Township 6 South, Range 92 West of the 6th P.M.; ` thence South 00°13'59” East 1187.63 feet to a point-on^tha�"i.. Southerly right of way of Project' I-70, THE TRUE= POINT ,OF�k'' BEGINNING; :..,':_;':,,`�' thence along the Southerly and Easterly right .of,way,lines of, Project I-70 South 00°42'00" East 44.70 feet; thence South 82°34'32" East 700.00 feet, said line -being alongside', an existing fence and Southerly of •a :frontage;,'road.'ofr;Project', 1-70; thence leaving said right of way South.26.29 feet.to;,a'point'k in a fence; thence alongside a fence South 89.22'25" West '683:47, feet; thence leaving said fenceline North'67.01'17"•_West'221.01,'.,. feet; thence North 59°17'36", West 236.67 feet -to a point onLthe..� Southerly :ight of way of Project I-70: '• • thence alongside an existing fence and said Southerly right of=Way-r• Project I-70 South 84°29'00" East 397.56 feet•to THE TRUE.POINTOF':': IIFGINNIt;G. r0". too, .e O..t...,•.t.O...f e•"t1 ettlegettlakaatakMagalataitaria 1-, APR 0. 85 Irat — ��� �► wt n N1, _ _r ~/,'°e,"r rorder. Ql'I I• CLAIM DEED 1 IIIc 1)1.1:1). \t..$ n... 1st i....•I .tri 1 .1" 85• E. MAY PROCTOR RECORDER'S STAMr . ! 1 ec, • 666 ric;6:5 GARFIELD '1'.lum. nl and \talc tri I Stats Doc. FN xKstxMx „...xl °"ITexaN CLYDE H. SIEVCRS and LUCY J. I �� I .SIEVF.1'S, I II ..1,:t•,-, 32956 Highway 6624, Silt, L_ II II 1 11i,fl t 1."n1. •.1 Garfield ,.trot %laic of t'"l.t,k10, granitt q ,I '.\ l i''1 `•"I 111 I .11' the Iaun••,.. 1,$1 and 111 , on.IJrtehorl ..1 the ‘11111 1$1 EN NnELARS A':I) OTHER GOOD AND VAI,UARI.E CONSIDERATION leXx:k*ax I •• ..1•• mot ..u'�, Irr, ...1 .1111.4 t. 1..•.c I., .n t,.n... I.4;ft'J. ha S of nmr 1. rri •:ncJ..r•IJ. r.•n.tivd 'nod (11111 (•LAI\11'1). and by .. I .. •m .1.. r' .. I,n.� 1, r.; •,•p, .nn.r. ..rd l H'11 1 1 MI ant.. d:.• 11:1111:t1. 1 thei r Ixnt..uilaawq� and a•mFn•• .•:-b' tril. unrn•.t .Leat ,trod o l.•tn,md whlrh the rr.rr'....x 1.ls in and in doe rral I+ptlter*%'- tt.�ether with ,1.1••,;•,••• •� . .. •. •1'n dr I, u•1• .1.1 I hong "1 Thy Count nl Garfield until Shoe nl !:;:!libit "A" attached: !::hihit "!t" attached; I.: hilli t "C" attached: and ! !:`.!•: _ "n" It tached. ..., I • o 1..,-..1. • nb .,n end ,:"r";. 11'. .j.11..11.ntn,.. •nld pal d:yr. IlkrcwUo It'I..nping .n , 1 • • !1 • • • IJ h!L .•i . ..I .trod. 1.1.. •. ,. I,.d•.t.i 1 01 qh 14.41410101. n1.1. riIh'i In I:n. 01 u11IIN 0. I ' . V : !i ...•t .1 •1., .,.. ... !I•. ,1 ,1, 1•1 101111 41y0.. 1 ''•t•': iu1c1 I:11 Al•r I J 111'1 ilh .,l.. ••I `.out', Strit!! 10(111 nil11• (•r,lrnd•l 1{11,'x1) .•11'; • Description - 22.76 Acre Parcel A parcel of land situate in Section 9, Township 6 South, Range 92 West of the `sixth Principal Meridian more particularly described as follows; aooK 666 irIcf 6 7 6 Beginning at a point on the southerly right-of-way of Interstate 70 whence the Northeast Corner of said Section 9 bears N 18'45'40" E 1215.33 feet with all bearings contained herein relative to a bearing of N 89'46'40" E on the centerline of Grand Avenue in the Town of Silt, Colorado; thence S 59'17'36" E 68.90 feet along the southwesterly lime of that document recorded in Hook 593 at page 80 in the records of the Clerk and Recorder, Garfield County, Colorado; thence S 02'11'00" W 334.21 feet; thence S 34'00'45" W 201.38 feet; thence S 11'56'59" W 438.38 feet; thence S 45'52'01" W 48.02 feet; thence S 62'20'03" W 85.94 feet; thence S 07'50'31" W 163.79 feet to the centerline of the Colorado River; thence along said centerline the following 2 courses: (1) N 83'00'46" W 613.74 feet to the :/nutheasterly corner of Rec. N. 319134 as recorded in Book 581 at page 217 in the records of the Clerk and Recorder, Garfield County, Colorado, thence (2) N 88'30'00" W 168.58 feet along the southerly line of said Rec. No. 319134; thence continuing along said Rec. No. 319134 the following 3 courses: (1) N 11'43'30" W 480.75 feet thence (2) N 32'35'13" E 126.08 feet; thence (3) S 64'45'00" C 212.38 feet to the east line of Lot 6 in said Section 9; thence N 00'43'35" W 423.76 feet along said east_ line to the southerly right of way of Interstate 70; thence along said right-of-way the following 2 courses: (1) from a tangent bearing N 72'02'04" E, northeasterly 653.42 feet along the arc of a 2714.79 foot radius curve to the right having a central angle of 13'47'25" and subtending a chord bearing N 78'55'46" E 651.84 feet; thence (2) N 72'20'30" E 2.84.30 feet to the point of. 1x'3inninrl, containing 22.764 acres more or less. Suhject to and together with a 30' wide road and utility easement as Acne in place and used along the northerly boundary. Also together with a r0' whip road right-of-way through that parcel of land described in 1tx,k 522 at Page 185. l a t • • il. • 110- f �•^ }�` � buy` -.. fy Spy' Q-ryb 1),•scri.ption 2.02 Acre parcel !Tr.( 666 P;cE A !wok.] of land situated in the NF: 1/4 NF 1/4, litt 7, Section 4 and 'ho ;tic 1/4 Mw 1/4, Int 4, Section 1(1 all in Township 6 South, Range 92 west of- the Sixth Principal Meridian, lying Southerly of the Southerly right-of-way of Project. 1-70 .ud more particularly described as follows: Il•'•rinnin.l at the corner umrrrn to Section 3, 4, 9 and 10 of Township 6 :•uth, l'ande 92 ]rest of the Sixth Principal Meridian; thence S ('0" 1 ?' ;n" f' 11RR.Q9 feet to a !''int on the Southerly right-of-way of !':• j.•r t I-70, the true point of te•linninq; thence along the Southerly and Easterly right-of-way line., of eroject 1-70 S 00'42'00" E 44.70 fea=t: thence S 82.34'12" E 700.00 feet, said line being acngside an existing fence and Southerly of a frontage rv'td of Project I-70; thence leaving said right-of-way South 26.29 feet to a point in a fence; thence alongside a fence S 89''2'25" W 6R3.47 feet; thence leaving said fenceline N 67'01'17" 1'1 221.01 feet; thence N 59'17'36" ;i 236.67 feet to a point on the Southerly right-of-way of Project I-70: thence alongside an existing fence and said Southerly right-of-way project S 84"29'00" F 397.5E feet to the true point of beginning. Containing 2.023 acre more or 1est3. Subject to a mai easement described an follows: A road easement situate in Sections. 9 and 10, Township 6 South, Range 92 West of the 6th Principal Meridian being 30 feet in width and lying 1. feet on each side of the centerline of a road as built and in place ,,,re particularly .1•• scribed as follo=rs: 14 -'inning at a point on the r,'.turherly right-of-way line of Interstate 7't whence the northeast corner of said Section 9 bears N 01'36'06" W feet. t.hen^e S 00.54'26" 1; 11.52 feet; thence S 53'20'57" W r'.71 feet; thence S R9'40'77" W 34.76 feet; thence N 85'29'49" W 71..7 f'Y•t: thence S R1'45'15" lr 124.OR feet; thence 169.31 feet along pf a 12',•0(1 t,rlt radius carve to the left, having a contra] •,! ' 1''' ' 1'," a :v! •:11ht.1111A1 ' !r rte! 1r•ar log f; 42'57'OR" w.1 ' ... ' ...0 • . ;1.1'!'4'il(1" :� '�� Q?f 10 1.••'t rhe 1►,rt.h lnu'>,l.,ry 1 ine of r+ f Y N 11! 11 "' " 7' AtR`3: Description - 10.45 Acre Parcel A percel of land situate in Section 9, •itx,mnhip 6 South, Range 92 West (f the Sixth Princiful Meridian more particularly described as follows: NOOK 666 F!e.675 fteein lirxg at the Northeast Corner of said Section 9; thence S 16'08'45" W ?447.87 feet to the True Point of Beginning with all hearings contained herein relative to a hearing of N R9'46'40" R on the centerline of Grand Avenue in the Texas of Silt, Colorado; thence S 88'26'02" F, 147.88 feet along the rrnterline of the Colorado River; thence N 06.77'30" F 219.96 feet; thence N 77'32'07" E 37.49 feet; thence N 47'16'37" F 95.94 feet; 11 71'7n'011" E 66.94 feet; thence 8 • 57'30'24" E 109.84 feet; thence S 00'00'00" W 263.14 feet to the centerline of the,. -ado River; thence S 88'26'02" E 237.64 feet along said centerline hence N 00'24'38" W 1011.08 feet to a point on the southerly line of that document recorded] in nook 543 at Page 80 in the records of the Clerk and Recorder, Garfield Q)unty, Colorado; thence along .said southerly line the following 2 coursenr (1) N 67'01'17" W 2.19.94 feet; thence (2) N 59.17'36" W 167.77 feet; thence 1; 02'11'00" W 334.21 feet; thence_ S 34'00'45" W 201.38 feet; thence S 11'56'59" W 438.30 feet; thence S 45'52'01" W 48.02 feet; thence S 62'20'03" W 85.94 feet; thence S 07'50'31" W 163.79 feet to the True Pint of Dinning, containing 10.447 acres more or less. Subject to a road easement described as follows: A road easement situate in Sections 9 and 10, Township 6 South, Range 92 west of the 6th Principal Meridian being in feet in width and lying 15 feet on each side of the centerline of a road an built and in place nr'rc' part ict:larly described as follows: 1'eginnirnl it a i lint nn the :Southerly right -<,f -way line of Interstate 70 whence the northe st corner of said Seetion 9 hears N 01'16'06" W 1217.35 feet; thence S 00.54'26" F 11,52 feet; thence S •,3'28'57" W 61.71 fret; thence S 89'49'27" W 14.76 feet' thenen N 85.24'44" w 9.67 feet; thent•e s 91.45'15" w 124.08 feet; thence 169.31 feet aping rile arc of a 125.n0 f,%jt radius curve to tn.. rpt .vn11e of 77.36'1C" and �:ubtend1 a tri t, her: i57•a " astral feet • � 1 chord tvarir'a :� 4,`' ,7 nH" W th.•nd.• 0.1'ne 0n" W 595.92 feet to the Zt:2 resp parcel of land. nar.th itivuxlaty Line of a 10.41.4- suoty .t, am 666 r10E 6' Description Sievers Residence Parcel A tract of land situate in Section 9, Township 6 South, Range 92 West of the 6th Principal Meridian, being more particularly described as follows: 14.,ainniryi at the northeast caner of said Section 9, thence S 16'08'45" W 2447.97 feet; thence S 99'26'02" E 147.99 feet to the True Point of R.ginnin1 with all hearings contained herein being relative to a bearing of N 99'46'40" E on the centerline of Grand Avenue in the Town of Silt, Colorado; thence N 06'27'30" E 219.96 feet; thence N 72'32107" E 37.49 feet; thence ;1 47'16'37" E 95.99 feet; thence N 23'20'08" E 66.9R feet; thence S 57'10'24" E 189.94 feet; thence S nn'00'00" R 263.14 feet to a point in the center of the Colorado River; thence N 88'26'02" W 317.R0 feet along the canter of said river to the True Point of Beginning, containing 2.02 acres more or less. TUgether with a road easement described as follows: A road easement situate in Sections 9 and 10, Township 6 South, Range 92 west of the 6th Principal Meridian being 30 feet in width and lying 15 feet on each side of the centerline of a road as built and in place more particularly described as follows: heginr.inq at a point on the southerly right-nf-way line of Interstate 70 whence the northeast corner of said Section 9 bears N 01'36'06" W 1237.35 feet thence S 00'54'26" E 13.52 feet; thence S 53'28'57" W 63.71 feet; thence S 89'49'27" W 34.76 feet; thence N 85'29'49" W 2.67 feet; thence S 81'45'15" W 124.0R feet; thence 169.31 feet along the arc of a 125.00 foot radius curve to the left, having a central anile of 77'36'15" arra subtending a chord hearing S 42'57'08" W 156.66 feat; thence S 04'09'00" W 595.92 feet to the north boundary line of a 2.02 acre parcel of land. Er11lrIT "0" Pe, Itolvi 0 1 1 • . - DEC 24 085 • 9 CiC40" 12.21.44.4.4 • Q(rr ("Aim i)F.LI) 1^t 1 111`77 DI I II, tt..7• December .415 • FORT DEPIANCE, Inc. a Colorado Corporatio ▪ thv Garfield and CLYDE H. EIEVERS and LUCY J. SIEVERS, and Swept 32956 Highway 6 & 24, Silt, 81652 Garfield (11.111( 681. ncE 14 oedirtlies Stab, 7•• • - and State of Colota7lo, graoteeti I. • A II NI 17s1 III. I hat the granton 0. rot and 717 c7Nmidetatoor of the %um of ' - f'.'........tA TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION .1140iti. ..- ill, Ur. ,•7r.7 ,r1,1 ....IN .,,,, % 771 ,h707 ,. hetrm 37.17n7,771c71rc.1„ ha 5 tt•m1,....! telen.e71. *old. comryed and QUI f CLAIMED. and by 11,— 1,,, ••,,71. .1 , l's S10111., 1,17.1•7. ,11....,,,7-% and 0111 4 I \I\4 II/117111W rt...71c0•/. their heir,. 1•77CCMOti and aasianc. . ' •,. , •1., . ,,,, ,. •, , , ,., —, .17 7.1,11771 771.. .. Ow 7.7 .77717..7 •, 1. f 5 777 old 177 the mai property. lorclhcf %MI 4"ow“4 Garfield M11.1S1771[ 111 Sec Lxhibit "A" and Exhibit "B" attached •1 , • •I ON: • oil,. .1 I •I 4.r1.1111/1111•1 collo .7113‘7 771 equil%, 1.7 l.!:r 1 MH,fl • Inc'., 3 Colorado ror; ,rat • • el 11 Secrotaty •4•, 1 f:arfield • • ..•., al. NI, 17 .1.. I 114. 1,1k, "It 1,114.1 H. H.,mbingky, li'fl 7 .7..0, Carr iciti Colorado .1i". ] n t .1"..1 Decenbnr 035 ..;,-..1 11. Dr.,mhinsky .is presidvnt and ..ANot W. Dv7flkinsk7 am Secretary .o rort Ir lit'., lip.-., o Colw-.1,1‘. Crd-pnralion ,i, • . Apr i 1 11. “ .i en 1t( 681 PACE 15 p•cc•ri1'' inn - 22.76 Acre Parcel A parcel of Lind si:.nate in Section 9, 7tx.n:bip 6 South, Binge 92 West of the Sixth Principal Meridian pure particularly described a, follows: Beginning at a mint on the southerly right-of-way of Interstate 70 whence the txrtheast Corner of ::aid Section 9 bora N 18'45'40" E 1215.33 fent with all hearings c ntained herein relative to a bearing of t1 89'46140" F on the centerline of Grand Avenue in the 'Itxn of :;ilt, Colorado; thence S 59'17'36" E 68.90 feet along the ^.nothursterly line of that doctment • 2corded in Doak 593 at page 80 in the records of the Clerk and Recorder, Garfield County, Colorado; thence S 02'11'00" W 334.21 feet; thence S 34'00'45" 14 201.38 feet; thence S 11'56'59" W 438.38 feet; thence S 45'52'01" W 48.02 feet; thence S 62'20'0.3" W 85.94 feet; thence S 07'50'31" W 163.79 feet to the centerline of the Colorado ttiver; thence along said centerline the following 2 courses: (1) N 03'00'46" W 613.74 feet to the routhecsterly turner of Rec. Na. 319134 as recorded in Nook 581 at page 217 iri the records of the Clerk and Recorder, Garfield County, rnlorad,, t';encr. (2) ;1 88'30'00" W 168.50 feet along the southerly line of said Pec. Do. 319134; thenen eontinaing along said Rec. No. 11913.4 the following 3 courses: (1) N 1194.:'30" W 480.75 feet, thence (2) ?! 32'35'13" F 126.09 feet; thence (3) S 64'45'00" F. 212.38 feet ro the east line of int 6 in raid Section 9; thence N 00'43'35" W •121.76 fret 81'x'.1 said east line to the southerly right of way of Tnterstate 70; thenen, along said right-of-way the following 2 courses: (1) ftc'n a tangent bearing N 72'02'04" E, northeasterly 653.42 feet along the arc of a 2714.79 foot radius curve to the right having a central angle or 13'47'25" arca subtending a chord bearing N 78'55'46" E 6.5t.84 feet; th'•nce (2) N 72'2n'30" g 284.30 feet to the point of • 1e.gin::ing, containing 22.764 acres more or less. :luhject to :uxl together with a 30' wide mad and utility easement as :uw in place and ured along the northerly boundary. Also together with .a 40' wi.'.' toad right-of-way t'crough that parcel of land described in 110,4c 527 a t rage 185. Ixtr1/3, ;— f� tS• Description - 10.45 Acre Parcel A parcel of land situate in Section 9, Township f, th, Range 92 West of the Sixth Principal Meridian more particularly cribfd as follcwn: 9nnK 681 PACE 16 Beginning at the ,)artheant Corner of :-aid Section 9; thence S 16'08'45" W 2447.97 feet to the True Point of hnginninq with all bearings contained herein relative to a hearing of N 99'46'40" E on the centerline of Grand Avenue in the T'M1"1 of Silt, Colorado; thence S 89'26'02" E 147.89 feet along the centerline of the Colorado River; then:e i4 06'27'30" E 219.96 feet; thence N 72'32'07" E 37.49 feet; thence N 47'16'17" E 95.99 feet; N 23'29'08" F 66.98 feet; thence 8 57'30'24" E 189.84 feet; thence S 00'00'00" W 263.14 feet to the centerline of the Colorado River; thence S 8R'26'02" E 237.5Q feet along ;aid centerline; thence N 00'24'38" W 1013.08 feet to a point on the southerly line of that document recorded in Book 593 at Page 80 in the records of the Clerk and Recorder, Garfield county, Colorado; thence along said southerly line the following 2 courses: (1) N 67'01'17" W 219.9R feet; thence (2) N 59'17'36" W 167.77 feet; thence S 02'11'00" W 334.21 feet; thence S 34'00'45" W 2.01.30 feet; thence S 11'56'59" W 438.38 feet; thence S 45'52'01" W 48.02 feet; thence S 62'20'03" 1: 85.94 feet, thence S 07'50'31" W 163.79 feet to the True Point of Beginning, containing 10.447 acres more or less. Subject to a road easement described as follows: A road easement situate in Sections 9 and 10, 7b.nship 6 South, Range 9:' Wert of the 6th Principal Meridian 1.•ini 30 feet in width and lying 15 feet on each side of the centerline of a road an built and in place mare particularly eencrilxd as follows: PP,ainning at a point on the southerly ri'rht-of-way line of Interstate 7n whence the northeast corner of. raid Sr'Ction 9 bears N 01'36'06" W 1137.35 feet; thence S 00'54'26" E 13.52 fret; thence S 53'20'57" W 64.71 feet; thence S 89'49'27" W '4.76 feet; thence N 95'24'49" W 29.67 feet; thence S 81'45'15" W 1i4.O9 feet; thence 169.31 feet along `h^ are of a 125.00 foot radius curve to the left, having .a central ;ruble of 77'36'15" and subtending a chord bearing S 42'57'09" W 156.66 foet; thenen S 04'09'00" W 595.92 feet to the north bound.aty line of a 2.02 acre parcel of land. 60 C 1 • krt.NdeJ al .._(1 •_�]y�/ netrptl.•n Nn ._—a}IJ11Ly1.41 QUIT CLAIM DEED TIIIS DF:I:D, \rode this lot do of DEC 2 4 T3e5 September hetwrrn FORT DEFIANICE, INC., a Colorado Corporation 19 85 ,d the •c•,Nrnt, nl Garfield Intl Slate of (. I.Nada. yra"Inrt,1. ,md Joel 11. Dembinsky Ind Janet W. Dembinsky BOOK 681 PAGE 17 GARiIELD pEECi24 1985 is Wroe w11oe1.'1•.d.,d,hr,.l. p. 0. Lo;, 902, Glenwood Springs, Colorado 81602 1 the Cour•ty of Garfield and Stale of Colorado, EtanlecO. •1 4 I'.l .'.1 111. 1 hal ilk. 4bmh.", • bN ,11,,1 m ..•n,ldtt.,I i,.n of the ,.inn oI TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION T)OVMM file 10.01.1 .1101 ,11141•. Wm.! of w hi. h Is hrrrh, „ krNw.Ie I ed. h S tem. 1..I. ,"leased, sold. t'otoemd and QUIT CLAIMED. and by Iht..• re...nlS .Io 0loom.. re'ea,e..t•II. • .'n...1 ;1n,1 (.tl I r (1L,\1\1 nil,. 'he r•r:mteedsi. their Item. Junco...!. and osid;ns, I.•n,., .J1 q.. ,,;l•t t'Ilr. ",I••rc.1. ,1.11.1 ,•..i dtn,and wIlk rh the 1..110011,1 ha S "1 and to IIIe tealro p ttrt), d,grlher wllh 11.1.r. 41.1•,1.111. ,?,H,..•In.,le, IS o,F :ma Is iii ; In Ihr 4,,,,,Ivm Garfield and Stale of I •.'l..t.ul.. .1-.. nhe,1 a, h.II,.u. See Exhibit "A", attached .• • 1.1 .i i1 da .11.11 1•e_rnN-1 ,soh a14 and „Heol.. IIM• .tl •1N,I t.'IL111. 1•, .4110 I,11‘11.I • IIN'rrmon f. i..,11. .N 101 ,.... , • .u. I .d: d.. , .I or nr•ht 1141!. 1111,11..1 m.,1 • 1. •, hn...4rr ••1 da• r1.1111.111• 1. r,ihtr m law 1N • ., -1,, 11, . 1 •I ,I.1. e•.•..I their 11, ,L .,n,, a.arn. hnr„I • • I , 1 , • III 1 L. • •.,11,.. ,.. he S . .. ut1.d 141. dtld on the ,Lor srl 1•0h . 4Nnr A'I''1 l 5" 1' 'r n't 1:, r t:• ^hinsk', , .,c cretaf j ••4 tll ..I ,,,!,•N \INI I. I 11•.11.. Carrield FORT D1 t' rIrl •ctr 1•' nc., a Colorado 10 1 11. Den)Li.nsky, President .,.•••, A I ... 1 •..H..• ..,... • 1 ... Al lb, . , .. I r t r i e) d d V4)1.,,,.irlrl "'1st 1st ' Sc'htcmhr•1' '135 r•1);•.t.•.H,, 1ncc, Inc.: .;nr1 R. I)embinnky Pr(•;i'k'nt. and Janet 1•!. , : •.. Ilomhi nsky 5:c••.•rc•t_.try *4 4.'' ;•r •w'V..y8n- Apr 1! 11 !47 It,.. h •. ,,.. m....! ..,1 \.. 911 k. I .r • Description 2.02 Acre Parcel BOOK 681 PAGE 18 A p.ircel of land nit.uated in the Nr, 1/4 'T 1/4, hot 7, Section 9 and the NW 1/4 NS1 1/4, Int 4, Section 10 all in Township 6 South, P<inge 92 :.est of the Sixth Principal Meridian, 1' inq Southerly of the Southerly ir:ht-Of--w)y of eeljec- 1-70 and more 1 •ieulariy deeeribed a9 lteginninq at the corner ccmnon to Sectio:. 3, 4, 9 and 10 of 7Uwnship 6. 8 uth, Pantie 92 West of the Sixth Princ':.ri Meridien; thence S 00.13'59" I' IiRO.o9 feet to a point on !!le 50-.,t.herly right-of-way of Project I-70, the true mint of beginrr,, thence along the Southerly and F.anterly right-of-way line of Projt...r 1-70 e 00'42'00" E 44.70 ' fret; thence S 132'34'32" r .7;).00 feet, :.aid lirne bei ng aonside an exi i ting ng fright-of-way �lce 3nd itherly oL a fr.-onta3e and cL Project I-70; thence South 26.29 feet to a point in a fence; thence alongsid,. i fence S 89'22'25" W 683.47 feet; thence leaving said fencelrne N 67.01'17" W 221.01 feet; thence N 59'17'36" W 236.67 feet to a point on the Southerly right-of-way o_' Project I-70; thence alongside an exintirr) fence and said Southerly right-of-way project 1-70 S 84'29'00° f 397.56 feet to the true point of beginning. Containing 2.023 acre more or less. Subject to a road easement described an follows: A road easement situate in Sections 9 and 10, Township 6 South, Range Q2 Went of the 6th Principal Meridian being 30 feet in width and lying 15 feet on each side of the centerline of r road as built and in place mjre particularly described as follows: neginning at a point on the southerly right-of-way line of Interstate 70 whence the mrtheast corner of said `-eetion 9 bears N 01'36'06" W 1237.35 feet thenre S 00.54'26" r 13.52 feet; thence S 53'28'57" W 61.71 feet; thane,! n 89'49'2.7" W 34.76 feet; thence N 85'29'49" W 21.67 foot; thence S 81.45'15" W 124.09 feet; thence_ 169.31 feet along the arc of a 125.90 foot radius artve cf 77'36' 1 t. angle`;" � rine' left. ::riving a central and subtending a chord !raring S 42.'57'09" W 156.GA f...... `.hence S 04.09'n0" W 595, 02 92 feet t., the meth boundary line of a ''n'" 1%�rml of land. E,4., I,, 1- f1,4 r, I!.•, et J••d Al .. /(J,i73, G.I IJ 'iS.�J � ., peeert.en No, %7yusw� - TH1s 1)F:F1), Mid,th,a 1St day or April I••-IM•,•n lo8S, r'ORT DEFIANCE, INC., a Colorado corporation, 1 .rr,nt> of Garfield ■.,.i.t.l.of 1 nl•n ad,•, "t 1 ,. r.1 Imre. ■n•I CLYDE 11. SIF,VERS. and LUCY J. SIEVERS, NOV 20 136 order. . RECORDER'S STAMP' . I • BOOK 699 •\ PICE4443 tr • .20 1986 ,Stab Doo: FN Il'•.^lrral.e•I.,.•,a 32956 Highway 6&24, Silt, ;; n• t he ranmy on Garfielei anJal■tr of `j)'-e� rrht' Lti ', �yZ Colorado. alb. .. rr,nJ port. .5,[k. R'ITNESgET11.That the •ent'IrLY ofthe fiatpart, for andlrfron.lderptiohofthemum er: t ,S Y f'. 'TEN DOLIJIRS AND OTHER GOOD AND VALUADLE CONSIDERATION ApattRI3CX 1 t1•,• ..Aid per,• n1 the firm per t u• h,rnd raid by the .aid part lea of the second par t, t he rer.ipt whereof. f. 1'•'rr 1' ,ry"••••, ,I 1, 1 aekn.,.lenked, hag remind. relrarrd, raid, cotiveyed and QUIT CLAIMED. And by these •,t+.b,CS •rm,..•, relra.r.•^11,convey and QUITCLAIM onto the .aid part ie9d the second part, teirhalre.:/ •r'' -• ••••r • n'••t .I+trl•n., ('.rerrr, all the nrht, title, inter••t. Naim and demand whish the said part. }r, •bt the flrat part h a S „n anti ,^ I1 ,. f•,Ilnwinv d^•rrihr,l Int nr parcel of land •innate, !yin)/ and being in the •'.f GarfieIdCounty.' and Clap n(t'nlnrodn, In wtt7 • Se, Exhibit "A", Exhibit "B", and Exhibit "C" attached, )CJGYI.YXHY.X X.^i.XX3,7XXX.KNX • 11 i v F.. AND Tt, II(1I.TI ti..erne, torether wit I, all .Ari .inernl.r the appurtenanrer and priv;ler-a thereunln 6r1,., I• •.• .,, �,,, r,,,, I lrronnl,• app. rlaininir. and n11 the e•lale, rlshl, t111e, IM.re.t ■ C atm wh■Loev.r, of the t y ,.r 1 Lr ,,rat part.. it hrr un law or equ,t y, to the only proper lime, benefit An. ,ehon of the •a,d part iefgr Ihr nal l' n t. t11<'1 F,•n. nnJ a•ei¢na (,'truer. I\ a I I \F.>•- H'IIF:II h' 'f Lr •,lid party ofthe first pnrl hw4 hr:en 1 sesta �. .1., ,I, , ^ its and "env nr In el shoes wr111en. PORT C :, NC. :nLw. :,h•,1 .u„1 Incl, „•rrd o, 1),,. I' e,eore of A CO a _C potation )A•rTrS:n. By /1 •r: e1 II. DemhI sky • '3A-i7nt `1:.' DeMhiri ," i/etn•_-y / t 1 A'l F. IIF' ('111,1) I A l )U. aa. tynl Carl ]eId 11.•.`,n,r••'ne nulr nn'rnl w■• a, knnwleda,J brfnrr urs *hr. 19t da)"f 7pri1 JOEL H. DGA113INSKY, as President of fort Definncc, Inc., and JANET W. DEMUINSKY, as Secretary of Fort Defiance, Inc. ?Ir rnmunr•er••n r■p,rre !/ ,i' . w,tn.•,.m 7 �9 >' nand and Attic,■I .r■I. t -% -,iw G cx.Kso 'fin. all. in Ir1'1 I1"111 r:n n. .n„J M1 4,.. ,.. ' vM Ma A.•..I dr.,W ( n 1111. -, ton ]tn I'. 4 • 1! !I !n 1.., • ••, At r ^ Tt i;4 ® ® oK 699 rinE464' . A Description - 22.76 Acre Parcel vx A parcel of land situate in Section 9, Township 6 South, Range 92 West of the Sixth Principal Meridian more particularly described as follows: Beginning at a point on the southerly right -of.. -way of Interstate 70 whence the Northeast Corner of said Section 9 bears N 18'45'40" E 1215.33 feet with all bearings contained herein relative to a bearing of N 89'46'40" E cn the centerline of Grand Avenue Ln the Town of Silt, Colorado; thence S 59'17'.36" E 68.90 feet along the southwesterly line of that docirent recorded in Book 593 at page•80 in the records of the Clerk and Recorder, Garfield County, Colorado; thence S 02'11'00" W 334.21 feet; thence S 34'00'45" W 201.38 feet.; thence S 11'56'59" W 438.38 feet; thence S 45"52'01" W 48.02 ''eet; thence S 62'20'03" W 15.94 feet; thence S 07''.;0'37" W 163.79 ieet to the centerline of the Colorado River; thence along said centerline the following 2 courses: (1) N 83'00'46" W 613.74 feet to the southeasterly corner of Rec. No. 319134 as recorded in Book 501 at page 217 in the records of the Clerk and Recorder, Garfield County, Colorado, thence (2) N 81'30'00" W 168.58 feet along the southerly line of said Rec. No. 319134; thence continuing along said Rec. No. 119134 the following 3 courses: (1) N 11'43'30" W 480.75 feet; thence (2) N 32'35'13" E 126.08 feet; thence (3) S 64'45'00" E 212.38 feet'.' to the east line of lot 6 in said Section 9; thence N 00'43'35" w•:.•. 423.76 feet along said east line to the southerly right of way of:: Interstate 70; thence along said right-of-way the following 2 coarsest:' (1) from a tangent bearing N 72'02'04" L', northeasterly•653.42 feet L. along the arc of a 2714.79 foot radius curve to the right having a central angle of 13'47'25" and subtending a chord bearing N 78'55'46" E 5,1.84 feet; thence (2) N 77.'20'30" E 284.30 feet to the pointof • trginning, containing 22.764 acres more or less. • Subject to and together with a 30' wide road and utility easement as w7.4 in place and used along the northerly boundary. Also together with a 60' wid road right-of-way through that parcel of land described in Bx).k 522 at Page 185. PARCEL "1" ^d -Y BON 699 P*cE465 • Description 2.02 Acre Parcel A parcel of land situated in the NE 1/4 HE 1/4, lot 7, Section n and the NW 1/4 NW 1/4, Lot 4, Section 10 all in Township 6 South, Range 92 West of the Sixth Principal Meridian, lying Southerly of the Southerly right-of-v..1y of Project 1-70 and more particularly described as follows: Beginning nt. the corner tcrimou to Sect'xi 3, 4, 9 and 10 of 4bwnship 6 South, Pante 92 West of the Sixth Principal Meridian; thence S 0n'1u'5n" r 118R.49 feet to a point on the Southerly right-of-way of project I-70, the true point of beginning; thence along the Southerly and Easterly right-of-way lines of Project I-70 S 00'42'00" E 44.70 feet; thence S 82'34'32" C 700.00 feet, said line being aongeide an existing fence and Southerly of a frontage road of Project I-70; thence leaving said right-of-way South 26:29 feet to a point in a fence; thence alongside a fence S 89'22'25" W 683.47 feet; thence leaving said fenccline N 67'01'17" W 221.01 feet; thence N 59'17'36" W 236.67 fret to a point on the Southerly right-of-way of Project 1-707 thence alongside an existing fence and said Southerly right-of-way project I-70 S 84'29'00" E 3Q7.56 feet to the true point of,beginning. Containing 2.023 acre more Or less. Subject to a road easement described as follows:` A road easement situate in Sections 9 and 10, Township 6 South, Range 92 West of the 6th Principal Meridian being 30 feet in width and lying 15 feet on each side of the centerline of a road as built and in place more particularly described as follows: Beginning at a point on the southerly right-of-way line of Interstate 70 whence the northeast corner of said Section 9 bears N 01'36'06" W 1237.35 feet thence S 00'54'26" E 13.52 feet; thence S 53'28'57" W 67.71 feet; thence S 89'49'27" W 34.76 feet; thence N 85'29'49" W 29.67 feet; thence S 81'45'15" W 124.08 feet; thence 169.31 feet alor•.7 the arc of a 115.00 radius curve to the left, having a central angle of 77'36'15" and subtending a chord bearing S 42'57'08" W 156.66 feet; thence 04'09'00" W 595.92 feet to the north boundary line of a 2.02 acre parcel of land. PARCEL "2" • ft t. ti • .� • 1r •,iii 'S.=y•xc: tlati eou 699 rIct468, y f)ercri,_inn - 10.4S Acre Parcel A parcel of 1arx1 situate in Section 9, Township 6 South, Range 92 West cf the Gixth Principal Meridian more particularly described as ' ''-,innin.l at the Northeast Corner of said Section 9; thence S 16'08'45" 447.87 feet to the True Point of Beginning with all bearings 'f'ntained herein relative to a bearing of N 89'46'40" E on the centerline of Grand Avenue in the Truu of Silt, cblorado; thence S 'i0`2w02" F 147.88 fret along the centerline of the Colorado River; thence rl 06.27'30" E 219.96 feet; thence N 71'32'07" E 37.49 feet; thon•-e N 47'16'37" E 95.99 feet; N 23'20'08" E 66.98 feet; thence S 57'30'24" F. 189.84 f.eet; thence S 00'00'00" W 263.14 feet to the centerline of the Colorado River; thence S 88'26'02" E 237.69 feet' along said centerline; thence N 00'24'38" W 1013.08 feet to a point on the southerly line of that document recorded in [look 593 at Page 80 in the records of the Clerk and Recorder, Garfield County, Colorado;' thence along said Southerly line the following 2 courses: (1) N 67'01'17" W 219.98 feet; thence (2) N 59'17'36" W 167.77 feet; thence S 02'11'00" W 334.21 feet; thence S 34'00'45" W 201.38 feet: thence S 11'56'59" W 438.38 feet; thence S 45'52'01" W 48.02 feet; thence S. 61'2.0'n3" W 85.94 feet; thence S 07'50'.11" W 163.79 feet to the True ruint of Beginning, containing 10.447 acres more or less. Suhject to a road easement described as follows: A road easement situate in Sections 9 and 10, Township 6 South, Range U2 Went of the 6th Principal Meridian being 30 feet in width and lying 15 feet on earn side of the centerline of a road as built and in place more particularly described as follows: Beginning at a point on the southerly right-of-way line of Interstate 70 whence the northeast corner of said Section 9 bears N 01'36'06" W 1237.35 feet; thence S 00'54'26" E 13.52 feet; thence S 53'28'57" W 61.71 frit; thence 5 89'40'17" W 34.76 feet; thence N 85'19'49" W 29.67 fret; thence S 81'45'15" W 124.08 feet; thence 169.31 feet along the arc of a 125.00 foct radius curve to the left, having a central angle of 77'36'15" and subtending a chord bearing S 42'57'08" W 156.66 feet; thence S 04'09'00" W 595.92 feet to the north boundary line of a 2.02 acre parcel of land. PARCEL "3" 44, T. X! l't .►{ • •1 t1 U 17 1 Reeerttnn NM—o _3745 V 4V QUIT CLAIM REED •t. .. .'y3 i. ,'"* j,r•!-'moi • ' sloe DEED, kiosk this 19th day or November : .1986.; """` n JOEL H. DEMBINSKY and JANET W.'•DEMBINSKY , „t the -of Garfield Ind Stater •` +-`, ';u or`. M'..I,n�J,,, anntnrf el. and 'County ; .4.7.,!"-L... r1 F• !..„3'i -e1:,..41 µ i1 ad1/�. ti';—"J;',21214 t3 4f, t o CLYDE H. SIEVERS and LUCY J. SIEVERS V.'..,..,..-:, K%"a 1 , ' ... r!ic'�' - .thole /caul address k P.D. Box 217 . ' �aM°i' i ; Silt, CO 81652 - • ▪ ,'r ,.;,1' ''r of the Cnumy or Garfield • now State of Colo ado, pa+re(s), r } t i w1TNfssrnt. That the an/flint-Isl. tett and in con deretk,n t( the IUm of iother,good • and valueblaY.. r •! consideration and TEN _ 4O1LAAi• the. ri..eil•t and sufficiency of which IM hereby acknossldaed. haVe temired. n ietsod.-,okt, conveyed and QUITCI:AIMSD. and by,. -.e I»M•.ents d remise, tr,ea.e, ren, messes and QUIT Cult t limo the yIlI I)., ;theirer'Ir:1!:11:1111i‘:64411,:.it,„1„.t.,5,::andMs glia,forr+rr. ellthe tight. title, Interest, (film and demand whkbtlx annfatal haV! In,and ft�spwpenp,�tt etfla.wldl� inion's'entents• If ans. situate, lying and being in the lc n of a Gerfel '1:iti -.a' d$Wlof 'i Colmsdo, described as foIi ws See EXHIBIT A and EXHIBIT V.' t�} w�• l;d S �= 4 w.:5' K r •'t• j' r4} ',it tY:�y *,•4,',0-'•'q.,.?:. f (".' i�i M'y[,�. ' " y ms.µ J r �.�•'ir N 4 f _t i.kt „*.a...',..;: 4i",•'',:: ir'%jaity'y��JaP ,ley • :0,14.A Jd Viti,FdtJirtl rid, b(/W k r: tie saN 111 H.AVI. AND 10 11010 ti,e same, together with all and sinwu- :he tgslsrrterttnen and privileges dfaeamb belonging or In any,"oe thereunto appertairJna, the estate, rHFM, title, interest and' film whetaoeser; Of the grantorfa), *kW es Iaw c* epdty, to the nnty pn,rer o.` y�if nest or the grantees). the i r heh. and a.aiitu five er. • n ', ., . IN rr f WITNESS t • .R r. 1 r gt torts) ha ve executed this deed cn the risk set fonts above. • t• STATE ar COLORADO, t. ` '.County Garfield 'f helerc`uing instrument w n , kr.ow'kdaed befcxe me thin �� Alp n!,• r (! by Joel M. Dembinsky. 1 :i(a1Sealres t•:{'F>>'•tea.' i =ljr. Z • If in Denser, insert 'City and.” jhnet W, Dembinsky- , ill April 11 Ha. 933. tars.tae, corm MAIM D( s. • NoJember••,r . 19 86. n t►\ y\^fir'• 11 1 19 8 7 . ivttnesn my hard and oiricW xal, and6..e tMatay, At2.1 w, It,w..; La brawl . MO 117114 (Ian 2164031 r ; e. ti • 7'• *." QUIT CLAIM DEED TO STATE OF COLORADO, Coone. 4 } bCITIP) Mr() dist i.hr‘ tnom,* *as Mod for res,n1 nvy ai hack .9 dm:). iccordo,J t***, 14r" Ito t-7 -3:t4 e(\ 41.401.13.411VOLOONO3 CO .• • * . • • • ' • • • ••• • - • - . . - r • • • • • " • .. • • ; • - 1;:* " • ' • , -. . „ : ., • - ,, • . . • ! • ,r4rs ' • , . - ,o;; : 7 • • ••, • - • 7* '• 301 •• i'F..4frit •:. ' '-•-•" •,"! C '1 4 t.) • - < c 02 g -ft < - CT 0 •<. 0 • .2: • " „, a • IAA< ' • (--)1 • '7' • • • ' T-• 7 Cis , -1* • 4)0. • ttCr et • 4.1 • 0. a 0 • . • • 7,7• „ •••• • 4.:2"•••”‘ "5'1! • 4' •••••;,74'.:---•••••;'''-,-• --- • •••••••::: ..-• 11-r". -c O's -;•••=-21J . • :411r1 • • • „ • , - • ,i-;•• • • - • • 4f. ; - ••• . • „„ • •••••-- • -•-•• •• "•••• s 44,4°'4•1'.• F"X-..*•.- ...'..."-.,.:1•:••e0"•-: 1,;l" `-;az`',-.",-;....•"...• • ....;"-.i.,t- ' .N•1'e'.-',:.'.-*.:..:,-'.-•7: feiiR4 -'1 t:".:,;..;)„: , •411• Avir!v:r,„. •=x~•'' NriA,Su•enr.r • - CS -. . . . . . ••••J C. 0. .........---- .. . n ....• CJ SIS .-..'..• . • • • ' . , • • . . - . ' ' " • . • - • ....,1,:...,...„..;.7.S;;;„:4,;:t.,,....,;,-,„ 10,71 4.• *r.....• ...... - . . ; 1,...... . • iZ.",r,iiti 71! .14.7.-tn•".-'W...01/..: ' Mr .-., ,'"' 7.,..,...-.:::7 •,,,:,--,1:..-....7-41.-,-.., •_.-_,. ,-.....:.,._,...„ r' 'Ts,S--;* ff'-'''.1:••let',4:" '7.-!'"‘-'(.1/4.11' .4- '. '''''''....*:•;7•Sip-A-:..••'.. 't ' ' ;'-••;3:-.•:: ''15'$'. X , ' '. A'..-.7' ''..V.2.-1...;:r.`c•••:• ..I.V.:..Z.t.z.. . - +.• 4-••••••• --, , . - ••-•.fr •Itfc AF,X141,127i •••••• „ .,_ ........... .4-... .„.-,,.., .!. ... *CI'l'I''.%. #.,e',,,.-14:1-7-i,fr-:....74--.17:i• -:7-..-L*1"•',- ",!%1 ...2 o -• .... .,•r- '''''';e77:?,•.;,....*.l.: . 1 '' ''.r.:-....', I ' ....i.- -, .:.• .,-. —. . . .. ,,,,--- ,,,,,,,,-- , .,...,- ,.,:- ..27%. •I'.;. i • ;''...s'ttit.: a* :- : tk.i.,*10Ae.e.:.. •*3..?.r-,- .••.- •- •'• . -,. •c :sS"•••tr* J."i - . EXHIBIT A eolt' 699 .picip ' D cription - 2.2..76 Acre Parcel ;' `R .c. A ;',heel of larxl situate in Section 9, Township 6 South, Range 92 West r rd. the Sixth Principal Meridian more particularly described as _ follows': r.r -; ;.• r• Beginning ata point on the southerly right-of-way of Interstate 70 whenco the Northeast Corner of said Section 9 bears N 18'45'40" E 1215.31 fret with all bearings contained herein relative to a bearing of N 89'46'40" E on the centerline of Grand Avenue in the,'t wn of. Silt, Colorado; thence S 59'17'36" F '68.90 feet along the ^.rr•rthwertrrly line of that document recorded in Took 593 at page'80',in th' red:ords of the Clerk and Recorder, Garfield County, Colors l'..' thence S 02'11'00" W 334.21 feet; thence S 34'00'45" W ' 201.38'feett'-.,'.'�""".Z. thence !: 11'55'59" 14 438.38 feet; thence S 45'52'01" W 48.02'feet;:,- •::y -_.if thence :;: 62.20'03" W 85.94 feet; thence S 07' 50' 31 ". W ,.163.79 ,feet to ,,; �)" the. centerline of the Colorado River; thence along 'P;id; centeilin& the: '' x 1, ,i� followir!g 2 courses: (1) N 83'00'46" 11 613.74 feet to the •, ' :,•' ;nnthratr'rly corner of Rec. D. 319114 as recorded in Book 581 at • �'...t 1.:rte 71'' in the records of the Clerk and Recorder, Garfield County, • '� c'r>lr,rad •, thence (2) N 98'30'00" W 168.58 feet along the' southerly• ' line of Said Rec. No. 319134; thence continuing along said Rec.:.No. +: . 319114 the following 3 courses: (1) N 11'13'30..",W4' 480.75•.fcet• ;. thence !t .`.:, (2) N 32'35'13" E 126.08 feet; thence (3) S 64'45'00": E ' 21t. 38 feet '; to the east line of Lot 6 in said Section 9; thence N 00'43 35 W' r 423.76 feet along said east line to the southerly right of say. of. '" Inti r.st:ate 70; thence along said right-of-way the following .2 courses: ". (') from a tangent bearing N 72'02'04" E, northeasterly653.42 feet a'.nng the arc of a 2714.79 foot radius curve to the right having a-, •. .-antral angle of 13'47'25" arra subtending a chord bearing N 78'55'46" E 651.84 feet; thence (2) N 72'20'30" E 284.30 feet to the point of ,,.:1 beginning, containing 22.764 acres more or less. ''''r Y1r Subject to and together with a 30' wide road and utility easement as 11' now in place and used alongthe northerly boundary. so together with ;` A,t.`y a 60' widt. road right-of-way through that parcel of land described in :3,, Wok 522 at Page 185. ti� t 11:k PARCEL "1" 1 EXHIBIT B Prescription - 10.45 Acre Parcel j'' A parcel of land situate in Section 9, 7o...mship 6 South, Range92 West of the Sixth principal Meridian note particularly described an j;.' follows: 74-linniol at the Northeast Cor.rer of said Section 9; thence S 16'0R'4." !' 7.147.07 feet: to the '.rue ioint of Flinning with All bearings, contained herein relative to a bearing of N R9'46'40" E on the `�9F centerline of Grand Avenue in the T -,•n of Silt, Colorado; thence S + r'11'26.02" r 147,80 feet along the centerline of the Colorado River; rh:•nee N 06'27'30" E 219.96 feet; thence N 77'32'07" E 37.49 feet; thence N 47'16'37" E 95.99 feet; N 23'20'08" E 66.98 feet; thence S r� ;7'30'24" E 189.84 feet; thence S 00'00'00" W 263.14 feet to the centerline of the Colorado River; thence S 88'26'02." E 237.69 feet ninny said centerline; thence N 00'24'38" W 1013.08 feet to a point on the southerly line of that document recorded in Book 593 at Page 80 in the records of the Clerk and Recorder, Garfield County, Oolorado; thence along said southerly line the following 2 courses: (1)-;N.• :+ieut 6''f11'17" W 219.98 feet; thence (2).N 09'17'36"'W'.167.77 feetr thence "', S P2'11'00" W 334.21 feet; thence S 34.00145"'W !201.38 feet; 'thencrs. 8 11'56'59" W 438.38 feet; thence. 3 45'52'01" W 48.02 festl•thence'3�'.lr (tl�+ A2'20'03" W 05.94 feet; thence S 07'50'31" W 163.79 feet to the True_•''•,4 Paint of Peginning, containing 10.447 acres more or lesn..• Suhject to a road easement described as follows: ! A road easement situate in Sections 9 and 10, Township 6 South, ]Range 92 West of the 6th Principal Meridian being 30 feet in width and lying 15 feet on each side of the centerline of a road as built and in place more particularly described as follows: Itrginninq at a point on the southerly right-of-way line of Interstate 70 whence the northeast corner of said Section 9 bears N 01'36'06" W 1217.35 feet: thence S 00'54'26" E 13.52 feet; thence S 53'28'57" W 61.71 feet; thence S 89'49'27" 1•; 34.76 feet; thence N 85'29'49" W 2'1.67 feet; thence ; 81'45'15" W 124.08 feet; thence 169.31 feet along the arc of a 125.00 foot radius curve to the left, having a central an'1e of 77'36'15" and subtending a chord bearing S 42'57'08" W 156.66 feet; thence s 04'09'00" W 595.92 Leet to the north boundary line of.a 2.02 acre parcel of land. PARC1iI, "J" 1 f.. IP , • ti tet HOV • 2 0 1986 . _ _ Rrtvsrt'er. 13981 WARRANTY DEED THIS DEED, Made this 19th day rtr November 19 86 between CLYDE H. SIEVERS and LUCY J. SIEVERS ,.f the Ctntmyof Garfield State of Colorado, grantor. and PAUL A. BEGOVAC and KERSTIN S. B. BEGOVAC who.c le: it gilder.$ is P.0. Box 2066 and BOCK tl 699 PACE4P4.II .j s a t GARflaD '1 33.2t NOV 2 0 1966 Stab Doe. F. $ 1 Sedona, AZ 86336 Cr•unty of Cooed no . : - and State of Baler(, af'aoba:',rizOna''`'r.'•;:7A:' . of theVs: I I NESS. that the grantst for and In rnnsideration of the sum of other good and. vat uabl e" consideration. and TEN • r to receipt and sufficiency of which k berets acknowledged, has DOLLARS ranted, bargained, sold and conveyed, and by (hese preneeei Eoet: grant. bargain, .411. convey and confirm nnh, the grantees, their heirs and assigns fcrrsel, mol to Irnaltey in earthmen but In joinik *ncy,`, all the real rrmr•tty. together with impewvments, i( any, situate, lying and being in the' ip;,' '.-'1� `. ' Coualr.o(, Garfield and State. of Colorado, descried as follows: See EXHIBIT A ills, hn„wn by sterol and nundxtr as 32956 Highway 6 a V 24 -',' g Silt. Colorado 81652 11)(:1:1l1EIt a dh all and snigulat the hetrdilarnents and ar ournenances thereunto belonging, o In anyvtae anpertatnlnj:ard.11ta' re.enn.n m,d resrni.ma, remainder and roma nden, rents, issues and profits thereof, and all the elude, tight. title, IntetHf, claim &M'.• demand ss i:ats reser of the grantor, either in law' or equity. of. In and to the above ba. jained pnemttc , with the iiaedKamsnil and • appurtenance..,. ., ,:. n ;,:I,. • .'...?''):'; 4-}i4 i..ik.,,i 4! •.. s''., 1 O I1,%%'F. AND TO IIOI.1) the said premi•ea ahoy bargained and described, with the apptntenanresea; %menthe pewee. (hair heir ' and a. slrn' fors•scr. And do gran -or, for hi•narlf• hl+ Fein and personal reprc.entati,es, does coservant, gloat, bargain Iliad agree to and . with the grantees, their heirs and as,igas., Coat at the time of the ensealing 1 r1 delisexy of Ola.e presents, lit!}i M4illtidtd o(d)e14:iniltetf ,1 arose cnnsryrd, has wind. sure, perfect. absnhne and indefeasible estate of Inheritance, In Int, in Poe ahttpk. rind b(ta food light, Mil : rimer and lewwfuiauthority lorant, harp Ain, sell and convey Meting in mannet and bill erbersald; end tbstthe mine are free (tideless 1 Inv -vi • 311 former and other grants, bargnns, sales, liens, taxes, assessments, encumbrances avid nyhm ictloof whitener ever I ind nature 11 s,,.+r. rscert easements. restrictions, reservations and.,rights,of..way,;.al,l of record, and real property taxes for the year 1986. rot yet due or payable..,, ••„ • I hr ct.tnt.•r .hall and will WARRANT AND FORU'.'El; DEAiNIi the aiwvr•larglined premtan in the quiet and peaceable poas.•sir.,, of the granters. their heirs and assigns, aennst all and every person or pennant Iawllhy claiming the whole Of any pea thereof • 1 br sutpnlnr number .hall include the plural. the Omni Ire singular. and the use of any gender shall be appth:,rble to all tenckn. . Iv N'1 l NI.SS Ow grantor has cscsuicd this decd on the date sot forth above. . c'// e Clyde H. Sievers Luc' S evt!rs SIAlIi Uh COLORADO Ccwnty"( Garfield I he 1 .n-)•,unr insrrums•nt ss u• ackfnmIc.tyrd hef..re ase lhn 19th .,y Clyde H. Sievers and I..)cy J. Sievers. \N�L,r�f ' ` Jay of November ,19 86 . K'nne.a m) hand and official ital. My rpnmsk. t expire August 16 .19 89 PUBI.\G:'o �...n..,a No. 121A. kr.. t -IS wsaasrTV /DM. 'dm 'Norris) a..aa.i Muirim. se a W .-.e.. Iaa..W. COs02N _(lest 1)3 EXHIBIT A • . lr i.;12r;11 . o�illC�U1� �r y 1• ( y r PARCELS 1 AND 2 S I EVEi23 EXEMPTION MAP (Recorded May 11, 1984 as Reception No. 352214 EXCEPTING 'THEREFROM that portion of Pnrcel-A °theretdtoi'e' conveyed to Arthur P. Could and Ruth E.' -Could by DepcL,;0..' recorded, February 10, 1982 in Book .593 at•.Page :73 fin • 's,i.', Reception tJo. 324049. (Copy.: Attached) •;.:<'- ,r ALSO EXCEPTING a portion of. the.above described propert� F lying Southerly nr the Nnrlch Msanrinr f.1 n. nf,TF.e�_rwl.�.-..1.. •..,‘ River. COUNTY OF CARF1EGD STATE OF COLORADO • 4+44 '. t.i YYt TOGETHER WITH a Road Easement being 30 feet in width as shown'on the Sievers Exemption Plat and a 60 foot right of way through that:parcel of land described in Deed recorded February 18, 1982 inaBook'.593 at Oage 73 'r'•:; as Reception No. 324848. •Ott_ TOGETHER WITH 5.75 Shares of Grand River Water Stock. ;1 ti •1� by 1J� 1 0 1.t_/0.:3(?n'rk•k. D.., N.376864 68646 c,2. • 1'In:1)111.,'i. ,•11,i, 26th Rt. of November FORT DEFIANCE, INC. • 1:186 , :. ••••• 1•1/ o1rne..v. •1 ra•1 . 1,•1 'fig under and by rtrtetP .4 rh.• IaN's of • 1 . ... ,. ...Lir , •, t1 .• ri. .1 1•11-t. a•,1 Itroorder. rr.f ` r!f!31& . JOEL H. DEMIBINSi:I' & JANET W. DFMBINSKY 914 Palmer *1 Glenwood Springs. Colorado 81601 1 ....1.l ...1 Garfield GARMELD DEC 0-4 1996 Stab Door FM 1111 \f....O.1II. 1 hnl th.• •ant 1,1444 1.4 the first ',art. for at d in n.nridera• 'S • ----Ten dollars and other gond and valuable consideration iK1Lt.ARN, I.. Iv •:..! ., ,,.• t1..• 411.1 t.tii 141 41111.11 1,1401 ly the raid part les ..f the .eannd part. the receipt whereof is hereby d :.,'1 ,,....•;,•d 1 1.!/....., . d rel••a.ed.. •L1, n,n1r..•.I and 141'IT r'I.AIMI:I, and by there presents doth •,... ..•. ..•,.•,.. ar:d VI 1r . 1.A 1N1 nolo the .nnl 1.41t 1es of the .ernnd pert. their heirs and . ••• . ...• n,•1.4 1.11...r,..•r ••. t, clam. and d.•m:,n.l .11.:b the .1."1 party of the Aral part hath 1n and to the Gdrtle1d re:1 property ..Nutri lyn.¢ and brine in Om .rd Tta'rnI I .,Inradu, to wit• SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF County z.y +nrF: THIS DEED IS BEING RECORDED TO CORRECT THE LEGAL -DESCRIPTION CONTAINED `% ' � "'l�J I!+ 'THAT CERTAIN DEED RECORDED DECEMBER 24, 1985 IN BOOK 681 AT PAGE 11 32954 Hwy 6 & 24 Silt, Colorado 81652 1., •• 111 1\11 In Ilnp,pr •.,. „ .. ...erv.er lith .11 an•1 .Inrnhu .he sppartonanr.•. and pr.viieses thereunto • ... •.•,•• .;y -• • amine. an4 .11 the e.t ale. neht, 1.11.•, .nleterl and chum whst.soever,or the said • • n .....•1 .•,,..aa, 41111.....n1 prop. •' ,.M•, Ia•111•rll and I.elsbf or ....I part les of the errand 1••‘‘ 11 • 1 -• 11141 tt Ful T... .,.l ,.., •, ••111.•• hrrt put batt. ......rd .l. cor or.lat•llhe her ',min .ubarribed „ •.,4. • l .s.d i. • •.•rp•.rate semi lobe her.•.into alb 14..1, atleµaJ•{JJJy,ha ..•.,• y,..,. 41. 1.1 h•1.. FORT fyIAI10E It c . , : Cu II�.,do orpq atton 1. fkrLin;l t►..;;1..,•!,1n;ly 4- - p‘,ARY •Il. ul"u1.••l<\111 rer If G.irfield 1 26th Jol=t H. De'I:hinsky Janet W. Demhifl;ky 4.1y orf sr 111. FOP( DE1IANCE, INC, d Colorado corporation ;r iyi':Vel"1..p, Vl, .1 Jr • .ru! ' 2 r 400 7th St; .et South Suite 1000•'• 1'•'1•." Rifle, Colorado 81650 November 1'rr.ulrul sod Seerelary or XXXAXXIXXXXis \0 111•. 11.11111. 111411.141. 1 _..rr..r.e r was - . 1....•.. r.l•.r.do 4' 14 •r wr ` Cfp rsGE31? EXHIDIT "A" A parcel of land situated in the NE;NE:, Let 7, Section 9 and the Lo: 4, Section 10 all in Township 6 South, Range 92 West of rhe: Gt h P.m., lying Southerly of the Southerly right of way of Projr Lt: 1-70 and more particularly described as follows: 13eyinn!nr1 at the corner common to Sections 3, 4, 9 and 10 of Townsll1 r. ' o'.rt h, Range 92 West of the 6th P.M.; thencr• ;.outh 00°13'59" East 1187.63 feet to a point on the Southerly right of way of Project' I-70, THE TRUE POINT OF BEGINNING; thence along the Southerly and Easterly right of way lines of Project I-70 South 00°42'00" East 44.70 feet; ' .thence South 82°34'32" East 700.00 feet, said line•being alongside an existing fence and Southerly of a frontage road 'of' Project I-70; ther.ce Paving said right of way South 26.29 feet'to a point in a fence; thence alongside a•fence South 89°22'25" West 683.47 feet; thence leaving said fenceline North 6.7'01'17" West 221.01 feet; thence North 59°17'36" West 236.67 feet to a point on the Southerly riyht of way of Project I-70; thence alongside an existing fence and said Southerly right of way Project I-70 South 84°29'00" East 397.56 feet to THE TRUE POINT OF BEGINNING. • Subject to a road easement described as follows: , cn...et situate in Sections 9 and 10, Township 6 South; Ft,n, 1C• r;t c; thi 6th P.M. being 30 feet in width and lying 15 tc.et c0ch sic?• of the centerline of a road as built and in place more p0: t ice1,-,i ;y described as follows: Deoinr;ino rta point on the southerly right of way line ot• Interst.-te 7;1 whence the northeast corner of said Section 9'bears 0 1" 166' nr." went 1237.35 feet thence South 00°54'26" East 13.52 1e"'- t -h• Louth 53°28'57" West 63.71 feet; thence South 89°49'27" : et; thence North 85°29'49" West 29.67 feet; thence " West 12.1.08 feet; thence 169.31 feet along the arc " •' r,idins curve to the left, having a central angle of ,r chord bearing South 42°57'08" West 156.66 nth 04°0•3'O0" 1-' st 595.92 feet to the north boundary ' - ., r, -c c' 1,arcel of land. 1, • to R .'.Im \., W. C 0 4 1986 1%,1RRA_N fY DEED • UII� 1)1•:1•.1)..",h,s 26th dat "t November I•':16 ' ' JOEL H. DEMBINSKY AND JANET W. DEMCINSKY ,a 11' '.666,a Garfield ,l.,r.. ,.l t ,d.,,,.1., ,., u•t,n ,w,l CltLi H. SIEVERS AND LUCY J. SIEVERS and 32956 Hwy 6 b 24 Silt, Colorado 81652 .1 "" --•- ',,I ' "' Garfield \\ 11\1 \� 1hJ+ Ih. el Jllll •,, 1••t and in 6,w",,krati,•n 01 the clan of ---Fifty 'line Thousand One dollar and 97/100 700rr;319 I GARF18.D Ott'. 04 1986 Stab* Doc, Toe j arm; Statc til Colt•ra.kr, grantees: DOLLARS. I ,, I.., • O.! .06 •; . •n.. ,•I .. na h l,ercha .r:l nrM kdgrd. ha. r,an/cJ. ti.,rcaicontract'.. ,old and contract'. and by these presents does •, •, 11,ea,a .. ,i • ••9,r% Jlrl!. 'ntlrnl uni.• t1+C aranreea, their heirs and a.,i n. hwt-srr. nta in tenancy in conlmlon but in pint4enancy. n'+ n.• , .a,..t,. 1„gethet w 61. ln. r.,erncnt., If an, ,puale. Iarng and tieing in the ��_ _ County of tea t' f i t: i d 16,.1 S6:11r .,I C•olnrwkl, d. se,itxJ :., WHOM.: 5rE EXHIBIT "A” ATTACHED HERETO AND FORMING A PART HEREOF J;.••. ,r.: nn,r•I.•, , 32954 Hwy 6 & 24 Silt, Colorado 81652 1161.; III) k . HI, ,; ,n,l 'molar :he hereditament% and aprurlcnamc. rhere.lnk, 1e•IrMging. or in anywise appertaining and the • +. • •,,• n rl.ur.•k+ :n,,I Iemat,'d s. rent.. I..nn, and prt•!,I6 rhrtem. en.l alI the ecla,e, tight, title, interest. claim and •••••••••..•,, • nfl r rn last ,+ cgnity nl. in and h. the abler h.1rgalncd premises. tarth the hei rlitamcnls and 1. 1 11 \\ 1rgai I 1 I I lr 11.111+.. •a,J r•trlm.t•, Jr."c bat eelncd And J...r,l.nl u,n• rte• ,Irprtrtenance.. (6910 the grunter+, their heirs . ,r •1,, •,Ir V•1 lug Inn,.c;1 II.• h; II. and p•9.,•nJl 1:'I•. e•c n•dlPc,. dot. crwrnard. pant. hargald and aI1I C t0 and • g., g, •,r n• ,1••..••I to+lar••1n4•cn•clhne-•,I6 kh..•r.•arht,eplc',lIs,heisvAllset/ d.,' the pretenses •na• ,. I h•c t !,.,•I,I•r .,n,I n, ., ,cabnr e,,: t; .•t n•t,rnur., c. 1,1 raw. in lee simple. and has g,..d right. full . +r ,• nfln ,''1 .•Pd C.•,1,a1 111. ...Mgr lr• n•.,1n.,'r .11411•`x,0 afrwr,ald, and 111a11,K VMC In' tree ardl•tear • • ,•• ' •• •,. .,u..,v.•nr. L,u•:•+••.n•:•andn•.t1r(nnn.01eh.1e.'1•rkind ornature Patent reservations, any and all Oil and Gas leases, easements, •ig!.! n:': 1,Id restriction', of record or of an apparent nature. SUBJECT to •11 • •c, and aS,CS,¢ Arts fur tt.e yeur 1986, and subsequent years. /' ,Irl \\ \PP \NI "1/4 \I) l(,1•11I i2 UI 11\11 !!1, .,I.•,r 1.,,,•:n•nd 1,,41441,0` III IN: quiet and peaceable •J �'r :,r ,� 1 ,. I• • .yvu,.l ,il .061! ct:: • t• • •.•., .., ,. I...n• la,• n,lI :141111111V the whole rn any part I• •1; y: ,i f: . • . A rl . nJ(_ . . lr t ' f;EU 11.-Mmilin;ty! . , i 'uv..' ptut r; rhe •,.•61.14.11 .a .1 et.• .,,.' re nJep '31 ..11 t.• •.Iq.h.af.lc 1n all genders •.•rr f i.•id • .•t n Gk!I'l,tr.• 1-f sn•1 • yam.,, • t1,r •....,`,•,,.. April ?9 r, 90 VARY * , U 00C...re? Ir.h Street iiuulh S'lite 1000 r' r.. Pith!, I.riloradt, 916bC • `�. :anet ll. 5nmbl l{�'Y.y 76th I,,• ••r 1(uvI.Inblr:r Pt 86 W. bemitiw-Ay No 4211 w.. I M, ...r•",•.I, 1.1,1, 1•. ,. • ,. I • EXHIBIT "A" soon 7(0 rir1319 A parcel of land situated in the NE:NE;, Lot 7, Section 9 and the Nt•7;NW' , Lot 4, Section 10 all in Township 6 South, Range 92 West of the 6th P.ti., lying Southerly of the Southerly right .of way of Project I-70 and more particularly described as follows: flegrnnin(; at the corner comae. to Sections 3, 4, 9 and 10 of Township 6 South, Range 92 West of the 6th P.M. thence South 00°13'59" East 1187.63 feet to a point on the, Southerly right of way of Project 1-70, THE TRUE POINT OFA BEGIN1`ING, thence along the Southerly and Easterly right of way• lines of Project 7-70 South 00"42'00" East 44.70 feet; .thence South 82°34'32" East 700.00 feet, said line being alongside an existing fence and Southerly of a frontage road of Project I-70; thence leaving said right of way South 26.29 feet to a point in a fence; thence alongside a fence South 89'22'25" West 683.47 feet; thence leaving said fencelinc North 67.01'17" West 221.01 feet; thence North 59'17'36" West 236.67 feet to a point on the Southerly right of way of Project I-70; thence alon9Xide an existing fence and said Southerly right of way Projr•c:t 1-70 South 84°29'00" East 397.56 feet to THE TRUE POINT OF BEGINNING. Subject to a road casement described as follows: A road easement situate in Sections 9 and 10, Township 6 South, Range 92 West of the 6th F.M. teing 30 feet in width and lying 15 feet on each side of the centerline of a road as built and in place - more 1artic:uldrly described as follows: Aeginnir.; .r a pint on the southerly right of way line of Internt.it:•:° 70 whence the northeast corner 'of said Section 9 bears North OV lr.' Gc," Wr. ;t 1237.35 fejt thence South 00°51'2G" East 13.52 f'''' , t �, ,nt.h 53°28'57" West 63.71 feet; thence South 89°<9'27" West 1.76 feet; thence North 85°29'49" West 29.67 feet; thence South s'1 ;', t'," West 124.08 feet; thence 169.31 feet along the arc of d �2 •''('. i^(0, radius curve to the left, hving a central angle of :Ind subtending; a chord bearing South 42°57'08 West 156.66 feet; th•nri• South 0.1'09'00" West 595.92 fuel to the north boundary line a 2.02 acre parcel of land. y !13981 111)61.66.Sk4?: �iEL (,,. J rr DEC 0 8 1906 1111, 1)1 11), ',! (1 \1\1 1)h.h.t) December f.! YDE H. SIEVERS , r;J I UCY J. SIEVERS 1 I .,..•.,,,.• ;1.,,....u., ,,.I Garfield :;6 .ni.l \I.1 ,•i PAUL A. DEGOVAC and KERSTIN S. B. BEGOVAC „ ,, I. r.d .,.,,h• P.O. Box 2066 Sedona, AZ 86336 t tl„ (Duan of f ococino L_ 59" ':00 °::E4 9._ GFIELD DEC 0 8 1986 :State Doo. Fee I1 / Arizona and Mote of asir/IJ/ 1ktantros), aIINI. 1halthcgrautonu. fin and inclrn'idrrtionofthe ono ofother good and valuable consid•2ration and No/100 IX LLARS the re, incl .11).1'inti,Ire., of which is hereby acknowledged, ha Ve remised, n ensed. sold, comr•srd and QUITCLAIMED, and by .;I the., I,n•urrs do n•miae, release. sell, consry arlo QGff (I.AI't Imnl the granteetn'. thea r heirs, successors and assigns,. foresrt all the right, till., interest. clnirn and dernend wht,h tit Frantnrla) haVe In and to the real pn,perly, Ittgether with II irupntsrrn•ntc. it an;, liivale, bine foul (n nd being in the Cmty nr Garfield and State of 11 PARCELS 1 AND 2 SEIVERS EXEMr'TION MAP Recorded May 11, 1984 as Reception Nc. 352214. EXCEPTING THEREFROM that portion of Parcel 1 theretofore conveyed to Arthur P. Gould and Ruth E. Gould by Deed rcorded, February 18, 1982 1, Book 593 at Page 73 as Reception No. 324848. • County of Garfield State of Colorado :,I.,,1m,,,nbs.Incl.'dnrmlarrav 32956 Highway 6 & 24 Silt, Colorado 81652 111 11 \\ 1 s `.I t f', 11(11 the ..nine. tr,grtb^r n nh all atnt %ingotu the aplmrlenance% nnJ rrtvilcges Ihercunlo belonging or In :u,s u,s. th,•tnun•� .,Iq. �l:untn ¢ and an the /•alolr. tight, isle. toten' l and alaltn %hat•oeser. of the gr.nlods), cithrtr in law of ryutty, to mr. len,-fii and Ith,.d nI stn• e,.mcct.l the i r heirs Rod ess,ryna htrrerr. I•• %%1 I \I \', V. I II H I (I! . I be •�ani.an, hu V e rlrt oh .1 Ill. Jce,: on ihr date .cl forth ni,.er • • --- Clyde H. Sieversevers \1- 11 111 ( 111 (111 Garfield I he I .i g'nn/ instrument w,n h 1 w•w ledged before inc ibis I by Clyde H. Sievers and Lucy J. Sievers. My commission expires (11(.eir_0 t. 4�ti��••�•s it �.. alba1. 1,11 . ) • `\OTARy.• /(� .1. Jay u( December , 19 A(. , Witrle.% my hand and official gal. 11 iI 11. ii 11 1,•.it.1 • 0-$44-41-1,-,4-4.,, V. '1'a: t. .) irki"..prneti fes and ' ii, 1Z21.O ell' No. 933. RI,. .t KS.j14r7'n'1q Ir( U Ihrrl.dlV1ba..4121w,—Mt. I4,,..1.0, M.•1._.Is: 11111 MIO . • •.-s- ..• Re, retied et k A2204.detl54.-taage‘ Reception Pry. • r QUXT.CLAInDEED • • •, '42) .' • ' • t. • TITS DF.En, Mack this • '.• day December hetweei .;.:: , 08• ,i7ptifill:e .....4tm.„ �r , y"....-11. q'1.• -•.3 CLYDE H. SIEVERS and LUCY ,J.:-SIEVERS ''t v4-•( ul, • ...,-,9,, , • ,.,t .. • • ... , 2 .,,,, •„, f„,„;,. .,,,,, .t , ° . ... A .CC ftiy Or* ,, ; arf 1 el d ' odd Sate of-:,'•:, , o ‘, (.0,,,,,v,. imm,,,,,), ,Thri , 2 ,.,, . , ,..,.:!. , . • ....". ,,s.',,.1 , . '.: , . ‘-,,. • :1:12., ,;. 1,i. :,:.t, , t:aZ44', .,,, , i ,...." ,. ".•."- :, - ' . . s • . . : '.2' ' , ,. ,,,,..0, !-T ",;.-•;1,a.„ PAUL A. BEGOVAC and KEFitTIN 5.'8. BEGOVAC ,',;. - : 4-.--,,,\T'.• /;1.....--' • Iti .7_, -,0 •:,),t.4.,•), • .. -t • . , : — Box ; -.•'' :•.,t,NNe• , 4 .*:.i'i:::':''' t,"-- 4' N attest legal address is P.O. x zr.166•;•.):11•-.7-..._:;' f -;':*.f.'7• -d.:1, Sedona, AZ 85336 '•s-. : :,.. -:. 1. . ..".1' ''''r''. .1')?•,#'J'4* ' ** o( the County of •COCOC1 IV ' *;, • • - k; '. : *Ad Stale Of OrTTNESSETIL That OM graraor(s), for arid in Comideiltion ti Me lune or 0.therleed,°. • • P consideration hnd No/100 the woLipt and miff ciens, of whkh is hereby acknr-wlechted, hive remised, rekased: mid: ceaveyed sal c)urr CLAIMED, fed these presents do remise, relemae, sell, convey end QUM CLAIM task the granieefsi...:, theits,!dieirt0iice,aiid. Ioerver. all tbs.. rifts% title, interest, claim and demand :which the ranior(s) hav! la ard'id theiiie." " ' ' 11..r.uvements, if tty, situate, lying and bang ht the ,7,-;.7....:, ...;' ' - • Cooneyoir.*k Gartie1d'n Colorado. described as follows: ' " . ; "..,;:;;i...;;;,,t7r...:;.,%:! I-C,':1,'",....7'7.''.;•..,::,,..-,:,..:•::',.,_'':;,;-/;_il::'',t',‘,,,,'-',74,-,C'elA'':,:cr•:471,,%7.•;+cdi:r• • i. PARCELS 1 AND 2 ' •." PI" f ' - •''''''' '''; ' ''' ' .*tli4' 1,.g.'" . ;1711:7P4tf-11.1C4d,,,,A SEIVERS EXEMPTION MAP Recorded May 11, 1984 as Reception •1:4p.: p522147,ef';'::,..:,',..;'1',-1•:.,i;!..,.'..4,1:-:"!,,f..•:`tiri.,,::•,;;,ti,t-i.;,,l'k'l::.'r,(44.'g3,..,4•:!:":44Q,..,-1: EXCEPTING THEREFROM that portion of Parcel 1 theretofore. . ..--'••?-;•i• .,,,,,-...,,,,,,:',-;.... conveyed to Arthur P. Gould and Ruth E.,Gould by ' ,Deed;'',:,7•.,•„.,,.::'•ii-.s.'•:•-t4'-'',......-''''a';-.7..f., recorded, •February 18, 1982 in Book 593 at,Page,73-ast'517--,,• 2•:;,;•1-". Reception No. 324848. • '.,:' ,-, ' .- ',.:: • -',.'' 0'.'::-`---`• ''.1".,,4';44-.4.ii4ti'•'../14...17 :',''4' -• t: "' ', '''f-' ''.:•.:4,":,--7441'... 7,;';,4)15,,. •t•...., tr,i.;! County of Garfield State of Colorado • , . •• r;„...•• L'rr . • • .• , ,, - 1 '• • -f.. \'' ::..>;''; ' 86; ....',..: - . -7' ' . '' - ' ''''• , ••• :.-: .;4' 441 , 7 o. -,.. 4, sr . . - . . ..‘ ; ‘''':,'10.,, • ./1.' ••• . , ./' :,' i 7 :,::J77:1---i`..L.e.4t1i700 '?i,;,-,1';"?:::•',. E RERECORDED TO DATE THIS INSTRUMENT At..tii. Er[H Drty9!:D,ECEMEiER4:)..,;,:t,,,,,..c,,,,,,.,,/,...!,..,:;..:4i , ,,,,,,• • t: -.i.; ,,,!.1';-.,... ,-.1-.:,,,,,:!4,.i,"...,,;...,,,,•f;,;.:".,:';',1:.,.-„,:;,0',,,,,...i.44., 41_,Zi. f , ,.."7.4't , ‘ .k' ' • . .":•',1' 4.' r4i. -7", Ii.d -; ,:' , , ....I. :.,z, 24,,..e. . • . . ..S,;,.; , ,,--.' • -..... ,.,1.1 -...e.k • .r•-,. 32956 Higtway 6- & 24'.: -..s:,:ii,':7-11:•Ir..1./-':,::‘,./t,,;-'..: 7•-•,:.,...;!';1:3./..,.---,:'.;.1,41,w,fic,-.,:..,..,,,ii. ...1.,!..../.4„,„ , ,i • ,r•e r I I 0 V 4i Silt, Colorado 81652- ' ;-;':'`-'-'!"%:.1:-'1-.r..:1-1::,...,ii.T..„).-‘11"-1.,,,:•...N•-r '..,;" TO !AVE AND TO HOLD the tune. tc ;ether with all and singular the appurtastems and tgiViielleg dteriniallrbel0Pgin Or anyst thereunto appertaining, and all the estate, nght. tisk. !merest and elahrs whatsoever, of the ittiriorls).istior *km or imukttcg the only proper use, benefit and behnofof the grantee(s), thei r heirs and sealers forevaM,'.• ' , .-‘-'11.., .i44,,,1,14, , gar:11,31'04., TN WITNESS WHEREOF, The granter1#) ha V e executed ttds deed on the dais set forth shove, . • -• , .:',71,-i.telfY-7-.•'.." I .:',..1. lc ":',4 - ... ‘ , ,,, ,,., •••"".'..,:c1.-: !7' , '.,.;.X.41. s,.'. ' -'::/.. 1110 know il by street and number as: 944'7/%-S--NUL-4.411401-4 - Clyde 14.'Sievers / L� ,:;:vers,r)t,1:::',,fiz3-,t.•,!krtli.,:it.i4i., Lucy 5 fATE OF COLORADO. • - • • ' . 1 • = .;; 1. .,••• , • 0, ,.: ' ' . - • ,:- • -V,•- • .4 . . . . • Cnunly.4... Ga r ft al d.:.:::::z.....,....b.... ..........._........,'.._.....,....-...-4_.4:a; The f-.-regning tr..trn mew arse acznmetrotgee beibreMe aft— ii ••••••••-7 -day -of -if—' • --De cent er 7 . . , ,•'•-,--7,-.-vo. and Lucy.J.'.Sievers., :.•'02 ;.1"'• 'f', : ;' •• (' '...-' .Vi: 'se:.,'•• .••;M••:-•,,-,y•.i.,‘6,s•r'i11'•,m;.:,:.:',.1...'4-,,6' (,ok,•,-,'-.,1::a:e-•,:l.:,,..( i-:f,..i:",1.,:1•:`;,--',.',,—..'V:•,.,.,;•.1.,•$-:44:•••,;-i)-,-,",:,,k,•.f:•i;i''.-,..,.;)''14".t..;t•./:1.iC4, •1•'•,1 19g. . -,'1:,•.•r6... • . .. ' .. . ' ..':. '.'''-.i'r.('.1-.,::',..•1''.1-,;:;:'0•1...1.'•,:p..1‘.111.,I s;.`::.,,4,'.:',.:::..'.;‘ -:.?,'1.-..c;7'`. , • • ,.., , . -...;,.,L. , , by Clyde H. Sievers My commission expires ' CZ L. f. .•.. • ••• • ‘.‘IIAR).• • , Plf in S'N • Ns. 1103A. arc 3,115. ' : r .4 - • wows (Warm 4r, st‘an , A.T4 i temv -to ,--co‘ 40 • ,,444-„11,1044--;, x.,)to , • • DOC PEE $2.50 RAVArded t - Peaptlnn No. WARRANTY DEED ITOESDEED.Nuk&thts 15th day of March 91 PAUL A. BEGOVAC AND KERSTIN S. B. Imcd*re of the • County of Ya -V13.430. --t C;I ,fid,, and HEINZ BEER AND MARTHA J. BEER and State of whose legal address is IELD MAR 1 19.91 Sate Dcc. r o0 3. P.O. BOX 1948, HELENDALE, CA 92342 of the County of and State of Colorado, grantee: WITNESSETH. That the grantor for and in considnation of the sum of Ten Dollars and other good and yak...Table consideration DOLLARS. the receipt and sufficiency of which is hereby acknowledged, has granted. bargained..old and conveyed, and by these presents docs !!rant. bargain. sell. convey and confirm. unto the grantee, his heirs and assigns Comer. all the real property together with improvements, If any. situate. lying and being in the County of GARFIELD and State of Colorado described as follows: See Schedule A TOc .ER WITH, BUT WITIHOUT WARRANTY, 1.75 SHARES TN THE GRAND RIVER DITCH CO., AS REPRESENTED BY STOCK CERTIFIC''TE NUMBER 712. as known by meet and numner as: TOGETHER with all avd singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the revenian and mveratona. wmauttler and temettukn, tents; inner and mufti., thernr, and all the effete, fight, ntly, irteteat, claim anti demand whatatkve' of the grantor. 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. urto the grantee. his heirs and assigns forever. And the grantor, for himself, his heirs. and peisonal ny,.+.ntatives, does covenant, grant. bargain. and agree to and with the grantee. his heirs and assigns. that at the time of the enseating and delivery of these presents. he is well seized of the premises above conveyed. has good, sure, perfect, absolute and indefensible estate of inheritance. in law. in fee simple. and has good ngM, full power and lawful authority to grant, bargain, sell and convey the tame in fanner and form as aforesaid, and that the same ate free and clear from all former and other grants. bargains. sales, tiena, taxes, assessments, encumbrances and restrictions of whatever kind or nature semen except easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 1991, not yet due or payable. The grantor shall and will WARRANT 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 whok 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 above. AUL A. BEGOVAC STATE OF e...!.a.;& K RSTIN S`. B. BEG/AC The foregoing instrument was acknowledged before me this ( day of March , 19 91 , by PAIL A. BEGOVAC AND KERSTIN S. B. BEGOVAC MY 1 ' , 19 . `Nusess my hand and official seal. Ccinmis; on Gpi1,11 Jan. 31, 195 v t re r��d• at.+ws.•••wew. Amiiirownwree.er wMRwnrT MALI Itsrr lbalearaoWe Rsesrd) -i�,a'.'�y .,.+F. .«•....a... __. ..:. tbYthM1 nvWv.Lieg, 1741 Wow St„ rhem'w, COw'm..n 031M:;!t!0.,. 3 0e1 7r SCHEDULE A PROPERTY DESCRIPTION BOOK 800 racE397 • ORDER NO:: 9I018509 •,„ _ - _ - • 7.1";:: A Parcel of land situated in Lot 6 of Section 9, Township 6 South, Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado, lying Southeasterly of the SoutherIf right-of-way line of Interstate 70, said parcel of land is more fully described as follows: Beginning at the intersection point of said right-of-way line and -.1 the East line of said Lot 6; whence the northeast 'Corner of said Al\4ki- Section 9 bears: N. 43 degrees 40'57" E. 1884.39 feet; - thence S. 00 degrees 43'35" E. along said Lot line, 809.28 feet to a point on the North bank Meander Line, being the routheast ' Corner of said Lot 6; thence N. 59 degrees 15'00" W. 609.76 feet along said Meander Line; thence N. 50 degrees 30'00" W. along said Meander Line, 235.34 feet toa point on said right-of-way line; thence, along said right-of-way line, N. 57 degrees 58'30" E.-307.92: feet; thence 472.45 feet along the arc of a curve to the right, having a radius of 2714.789 feet, the chord of which bears: N. 66 degrees 59'13" E. 471.86 feet, to The Point of Beginning. EXCEPTING THEREFROM a portion heretofore conveyed to Clyde H. ' Sievers and Lucy J. Sievers by Deed recorded September ,14, 1981 in Book 581 at Page 217 as Reception No. 319134. - COUNTY OF GARFIELD STATE OF COLORADO • . , Recorded at � o'clock M �-� OCT 231991 Records Reception No. BOOK 81.6 P!^E12S QUIT CLAIM DEED ' THIS DEED, Made this 15th day of October .19 91, ij between PAUL A. BEGOVAC AND KERSTIN S. B. BEGOVAC of the 'County of and State of tBdl1OUEK grantot(sl, and HEINZ BEER AND MARTHA .7. BEER ARIZONA whose legal address is of the P.O. Box 1948 Helendale, CA 92342 County of cutAR UL F2 3 1991 State Doxt. Fee California and State of CQXXIISNIfranteets1. WITNESSETH, That the grantor(sl, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION f101f.ARS the receipt and suf ticiency of which is hereby acknowledged. have remised, released. sold. conveyed and QUIT CLAIMED. and by these pr.sents do remise. rel:a'e. sell. convey and QUIT CL l 1 unto the grantee(s). their heirs, successors and assigns. forever, all the right. title. interest, claim and demand which the grantor(s) hale in and to the real property, together with improvements. if any, situate. lying and being in the County of Garfield and State of Colorado. described as follows: A parcel of land situated in the Meander Land of the Grand (Colorado) River, being in the SW1/4NE1/4 of Section 9, Township 6 South, R -:..e 92 West of the 6th Principal Meridian, Garfield County, Colorado, lying Northerly of the center- line of the Colorado River, Southeasterly of the Southerly right-of-way line of Interstate 70 and lying between Lots 5 and 6 of said Section 9, said parcel is more fully described as follows: Beginning at the intersection point of said right-of-way line and the South- westerly line of said Lot 6 whence the Northeast C:Jttier of said Section 9 bears: N 49°25'00" E. 2629.30 feet; thence S 50°30'01)" E. 235.34 feet along the North bank Meander Line; thence S. 59°15'00" E. along the North bank Meander Line, 609.76 feet to a point on the Easterly line of said SW1/4NE1/4, being the Southeast Corner of said Lot 6; thence S 00°43'35" E. along said Easterly line, 104.70 feet, more or less, to the center of said river, 732.66 feet to a point on the Northeasterly line of said Lot 5; thence N 62°59'00" W along the South bank Meander line; 512.99 feet to a point on said right-of-way line; thence along said right-of-way line, N 56°00'00" E. 299.63 feet; thence N 57°58'30" E. 276.08 feet to the point of beginning, containing 8.16 acres, more: or less. i; altalaatOSIMXSOMIXIXOttlatXICOOC WITHOUT AND EXCLUDING a right of access from said lands ;, to any open p•.;blic road, street or highway. TO HAVE AND TJ 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(s), either in law or equity. to ns forever. the only proper use, benefit and Behoof of the grantee(s). their heirs and assigns IN WITNESS WHEREOF. The grantorisl have executed this deed on the date set forth above. PAUL A. BEGOVAC / KERSTIN S. B. BEGOVAC/ ARIZONA STATE OF C OOIRO ICC ss. County of Yavapai J The foregoing instrument was acknowledged before me this 15th day of by Paul A. Begovac and Kerstin S. B. Begovac My commission expires 9Y )3 it/ October 12-5- . 19 91._ Witness my hand and official seal. 'If in Denver. insert "City and.•' y«.. Wbat .1991 , No. 933. Rev. 345. QutT CLAIM DEED Bradford P MASS w. 60 Ave , Lakewood, CO 10214—(303) 233.6V30 12417 1 "AUG 3 t WARRANTY DEED jiffs DEED. /dada this 315T dAty of AOCUST Rim BR AND MARTA J. BER ,i992 ,Sew • of the said County of and State of CALIFORNIA grantor, and MURRILL THOMAS SCOTT AND sus ANN SCOTT • whose legal address is 32956 RIVER FRONTAGE RD . , BOX 190 SILT, COLORADO 81652 of the said County of GARFIELD lind Sato of COLORADO ,pernms: WITNESS, that the grantor. for and in consideration of the sum of good and valuable - - Consideration and ten DOLLARS, the receipt and sufficiency of which is hereby ... acknowledged, has granted, bargained, sold and conveyed. and by thole presets dace grant, bargain, sell, convey and confirm, onto the grantees, their beim and assigns forever. not in tenancy in common Mit in joint tenancy, all the real picy, together with lespeovertsesta, if any, Smote. lying and being in the mid County of GARFIELD and Stott of Colorado demoted u follows: SZE EXHIBIT "A" ATTACIMD HERETO AND MADE A PART HEREOF. BOOK 840 ms616 Ma9,2 I _ TOtizart.LR WITH, BUT WITHOUT WARRANTY, ALL CF GRANTORS RIGHT, TITLE AND INTEREST IN AND TO THE REAL PROPERTY DESCRIBED IN DEED RECORDED OCTOBER 23, 1991, IN BOOK 816 AT PAGE 128, AS RErrRTION NO. 428485. es knows by street rind number as: VT/LING R. V. PARE SILT, CO 81652 TOCETIMR with all and singular the hereditament" sad sepurtennices thereto bdonging, or in anywise appertaining, and the reversion and maniocs, remainder and remainders, react, issues and profits thenief. and all Oie estate, right, tide, interest, claim and demand what-- sower of the pastor. either in law or equity, of. In and to the above bargained promisee, with the hereditament' reed spportwasnees. TO HAVE ANDTO HOLD the said maths' above bargained and bombed, with tho arpratenanam. 111k0 the grmtece. their heirs sod reigns looser. And the grueor, for himedf, 3s heirs, and personal rePreematives, does covenant, grim. bargain, and woe to and with T. the grantees, their heirs and sasigns, that at the time of ths reonaling and derrrery of them presents, he is well seized of the podeisen *bees conveyed, hes good, sure, perfoct. absolute and indefeasiris mute of isheritasea, in law, in fee simple, and has god tight, full posirM and WSW authority m grant, bargain, sell and convey the same in mammy and fonts as aforesaid. and that the mow= free and dear from ail to, aPd oda' grans. bargain". aka, Hem uotos, amexaments, sacuanbeences and resons of wIssInver icind or nature mover, =Mei real property taxes for the year 1992, not yet due or payable and those items set forth on Exhibit "B"attached hereto. room L And will WARRANTY AND FOREVER DEFEND tba abo45. -hatialsod premises in the quiet and ;seseeable posnmakin Aeir heirs and assigns, againstidl and every person or persons lawfully donning the whole or any part thereof. The angular shall lecteldo the plural, the plural the singular, and the sae of say grader Mall be applicoble TO ail gosders. . _ F. the grimes has executed this deal oe the data sot forth above. Stste of COLORADO ) ol Comity of GARFIELD ) 74/ MARTHA J. BEER The foregoing instrument vas acknovdcdged before me this 313T day of AUGUST ,1992 . by MIME SEER AND MARTHA J . SEER 051795 . Witness my hand and otTecial seal. • r c..r P.Y'li'„r.; '71.K2. Y� PARCEL A EXHIBIT "A” Banc 840 ricE617 PARCELS 1 AND 2 SZEVERS EXEMPTION MAP Recorded May 11, 1984 as Reception No. 352214. Together with a Road Easement being 30 feet in width as shown on the Stever, Exemption Plat and a 60 -foot right-cf-way through that parcel of land described in Deed recorded February 18, 1982, in Book 593 at Page 73 as Rec.pt'on No. 324848. EXCEPTING HEREFROM that portion of Parcel 1 theretofore conveyed to Arthur P. Could and Ruth Z. Could by Deed recorded February 18, 1982 in Book 593 at Page 73 as Reception No. 324848. (Copy Attached) ALSO EXCEPTING a portion of the above described property lying southerly of the north meander line of the Colorado River. COUNTY OF GARFIELD STATE OF COLORADO PARCEL 3 A Parcel of land situated in Lot 6 of Section 9, Township 6 South, Range 92 Wast of the Sixth Principal Meridian, Garfield County, Coloredo, lying Southeasterly of the Southerly right-of-way line of Interstate 70, said parcel of land in more fully described as follower Beginning at the intersection point of said right-of-way line and the East line of said Lot 6; whence the Northeast Corner of said Section 9 bears: N. 43 degrees 40'57" E. 1884.39 foot; thence S. 00 decreer; 43'35• E. along said Lot line, 809.18 feet to a point on the North bank Meander Line, being the coutheaat Corner of said Lot 6; thence N. 59 degrees 1S'00" W. 609.76 feet along said Meander Lina; thence N. 50 degrees 30'00" W. along said Meander Lir.e, 235.34 feet to a point on said right-of-way line; thence, along said right -of -war line, N. 57 degrees 58'30" E. 307.92 feet; thence 472.45 feet along the arcofa curvy to the right, having a radius of 2714.789 feet, the chord of which bears: N. 66 degrees 59'13" E. 471.86 feet, to The Point of Beginning. EXCEPTING THEREFROM a portion heretofore conveyed to Clyde H. Sievers and Lucy J. Sieves by Deed recorded September 14, 1981 in Book 581.at Page 217 as Reception No. 319134. 'COUNTY OF CARFIELD SATE of COLORADO TOGETHER With a Ro..d Easement being 30 feet in width as shown on the Sievers Exemption Plat and a 60 foot right-of-way through that parcel of land described in Deed recorded February 18, 1982; in Book 593 at Page 73 as F.eception No. 324848. • Iiemrdcd al _ Rcrcp No. V r)_ ,'ck /' nt PC1 1 3 ISD 4G9 56j -) L iIL c. 11113 11E11), N.Je This WARRAN FY DEED 11th J..ynl OCTOOER 19 94. hdreen CLYDE II. SIEVERS AND LUCY J. SILVERS of 'ha County of GARFIELD Colorado, gran lar, and HURRILL TIlOIIAS SCOTT AND SUE AIM SCOTT AT JOINT 14NAN15, WIN full RIGNIS OT su!vty MSNIr, .!hose kgal address is P. O. BOX 190, SILT, CO 81652 (X�t tier. and Slate.4 BnoK0J18 rt[, 841 0 C 131994 G!1 RF 1'c:.D SIaIa Doc. F.e of the Qwnly.( GARFIELD and Slate 04 Colorado. pantec: WI IT:173Sli 111,.lhat the grantor for and in a•nddrlath.n of the sumo! DOLLARS•••TNREE 141MOREO 4151110 ONE INOUSAND S1X KINDRED (151411 NINE IND Nn/1f10••• IM .ae.lpt mid ,u.....nry M which h h.,.hy .rsnnwl.no^d, h.. P.med. h•.gam.d. sold and cnww.y"d and by m.,• mesas*. does g• .M, bargain. WM. “0000,, eM1 dlnm, unto on. gi.nitw, M' blot .nM .a.q•, Inn., 44 Ina ,.wlpump.d y Ioq.1h•r Mn Nnpwem.M,.A .ny.tU.e, lV•rqand N.1141014 Camry04 GARFIELD and Slats of Cololedodesa.bed .dolor= SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF a,ano.mbydr•Nl..e numbellt• 32954 RIVER FRONTAGE ROAD. SILT, CO r in • s• anoena:rn+q. and M• levers.en and IEx3E111En w.4n as and s..p.An. m• ne.eddem.Ms and anr•>•lena..ce, m«eco Ixlor.g�r•q. ^N•I .•.rdonI. r•mwwdet and remainders. tents. SYN. and p.ora, 1410.004. and .• M• •4111. 19111, 111e. Mde.etl, Cl.en and dfm•nd whNfoe.N d ■.. q.anlol, ..h., r Iaw a •Tr'ly. M, in, and to the abort b.vosm•d p.em.set. Mh the M,eddam•Ml and appu,t.nanees. TO HAVE 0.1.0 10 HOW IMP sad mammas atom. barowrwd and desly'tl.d. with tM •pponen•nce,. unto M••g,•nter. Ms butt sod .119,1. Iniewn Md m• g..Mo, lo, h•r, 'V his h.wa. and p'•'n"•l ... m•KM•lwen, dons em en.M. yam. boson. and are? to and Mb the gnM•e, las *way sod ds n. that al rh. hos. M M• en,eelnq and d.l' my nl m•e• 40.e.n t, h• n w• t..ted o4 4M p.. e•se, ebov cwvK, d. hr• as good. su, parted, .bsoAI• and I.dMe•sb4 •rar• d tnn..a.nc•, M. law... Iw• t,mn'•. and oat good rqM. 1041 oowen and Iawt.A atdhairy to grain, bargarn, as and txew•y IM mama 41 manna. and Mon. .t .la.,wd. and MO the ,en' a,• he! ..d C.O. hon. •• Immo and Mho, g.arat. Mrd•.n,, taly. 4tni t.aef, asysrn•eds. anwp,waneetand,.,„t pn,cohwl..netlond ...ern, meet. general taxes and assessments for the year 1994 and subsequent years, U. S. Patent reservations, any and all prior mineral reservations, easements, rights of way and restrictions, of record and Deed of Trust In Book 908 at Page 784 which Grantee has agreed to asume and pay 1b• g,wnta shall and win WAMANI AND FOIIEVEII 0E4E110 41.1 •bon. b.,uamed mammas in M• meal and pe.c..M• pot esvon o11M rang., Ina Min, and ...Morn noniron as and .vary Meso.. 111 M.ton, U,.lvay tl•.maq M• chole ea any pad Mateo'. the einq.A•t numb•t data include Ma pled Who camel Ib• nngn.•,, end M• U. Of any geode. Opt, be .pphorbl• to all gender,. 4 WI1NE55 VA 44r1E0F. tl.• 9la1.lo1 hat eaeculed 11.11 deed 'oats data set loon oboe•. CLYD H. SIEVERS LUCY J. EiRS SIM IE OP COLORADO 1 sc Cm.ntyld GARFIELD The foregoing MO conical was acknowledged before me this 11th hf CLYDE 11. SIEVERS AND LUCY J. SIEVERS nlycommiss ion e• Dire' 04/29/98 Cpnraonw.•A1 O. No 940 1"41 dayo( OCTOBER I9 . 94 W,Intss my hand and official seal. ( ,/eLik” 0;g' — No48,7? lir 127 East 5th Street Rifle, CO 81650 Ile Bn0MO918 r.c; 842 EXHIBIT "A" A parcel of land situated in the NE1/4NE1/4, Lot 7, Section 9 and the NW1/4NW1/4, Lot 4, Section 10 all in Township 6 South, Range 92 West of the 6th P.f1., lying southerly of the southerly right of way of Project I-70 and more particularly described as follows: Beginning at the corner common to Sections 3, 4, 9 and 10 of Township 6 South, Range 92 West of the 6th P.H.; thence South 00°13'59" East 1187.63 feet to a point on the southerly right of way of Project I-70, THE TRUE POINT OF BEGINNING; thence along the southerly and easterly right of way lines of Project I-70 South 00°42'00" East 44.70 feet; thence South 82°34'32" Fast 700.00 feet, said line being alongside an existing fence and southerly of a frontage road of Project I-70; thence leaving said right of way South 26.29 feet to a point in a fence; thence alongside a fence South 89°22'25" West 683.47 feet; thence leaving said fenceline North 67°01'17" West 221.01 feet; thence North 59°17'36" West 236.67 feet to a point on the southerly right of way of Project I-70; thence alongside an existing fence and said southerly right of way Project 1-70 South 84°29'00" East 397.56 feet to TIIE TRUE POINT OF BEGINNING. Subject to a road easement described as follows: A road easement situate in Sections 9 and 10, Township 6 South, Range 92 West of the 6th P.H. being 30 feet in width and lying 15 feet on each side of the centerline of a road as built and in place more particularly described as follows: Beginning at a point on the southerly right of way line of Interstate 70 whence the northeast corner of said Section 9 bears North 01°36'06" West 1237.35 feet thence South 00°54'26" East 13.52 feet; thence South 53°28'57" West 63.71 feet; thence South 89'49'27" West 34.76 feet; thence North 85°29'49" West 29.67 feet; thence South 81°45'15" West 124.08 feet; thence 169.31 feet along the arc of a 125.00 foot radius curve to the left, having a central angle of 77°36'15" and subtending a chord bearing South 42°57'08" West 156.66 feet; thence South 04°09'00" West 595.92 feet to the north boundary line of a 2.02 acre parcel of land. 21/ Ykey /f-/ S rte-' ii7C 2 •4) J St,tot.-pA S-7-‘462, E- 0 C "mow, p Cr/t-6 d,�/ G�TG - c�,�/ Col 4_ W /� S �� At -1) SF /10L-Witi6 Brie? t L)2 IN) z S^ 4 S OFF(v�� law-e-iet S Q•v Cr( . reti Recorded at o'cloc Reception No 3191 SEP 14 IS DEED, Made this 27th day of August This 19 81 ,between W. C. MEADOWS and E. J. MEADOW , oftile County olGarfie ldState of Colorado. of the first part, and CLYDE 11..SIEVERS and LUCY J. SIEVERS whose legal address is 32956 Highway 6 & 24 , Silt, Colorado 81652 due fdxx da,of xx*Shatxxf extuxscbo, of the second part: WITNESSETH, That the said part iesof the first part, for and in consideration of the sum of One Dollar and other valuable consideration 1 to the said partes of the first part in hand paid by the said parties of the second part, the receipt whereof is hei eby confessed and acknowledged, have remised, released, sold, conveyed and quit claimed, and by these presents do : remise. release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint ' tenancy, all the right, title, interest and demand which the said part ies of the first part have in and to the following described lot or parcel of land situate, lying and being in the County of and State of Colorado, to wit:. A parcel of land situated in Lot 6 and the Meander Land of the Grand (Colorado) River being in the SW1/4NE1/4, all: in Section" 9, . Township 6 South, Range 92 West of the Sixth Principal Meridian, c: Garfield County, Colorado, said parcel of land is more fully describ- ed as follows: Beginning at a point on the East line of. said Lot ' 6, whence the Northeast Corner of said Section 9 bears: 'N. 35°58'13" E. 2206.65 feet; thence S. 00°43'35" E. along said East line, 490.81 feet to the centerline of the Colorado River;.thence N. 88°30'00" W. 168.58 feet along said centerline of river; thence N. 11°43'30" W. 480.75 feet; thence N. 32°35'13" E. 126.08 feet; thence S. 64°45'00" E. 212.38 feet to the point of beginning, containing 2..68 acres, more or less. 000% 5811,4E217 Recorder. Reeerder'e Steep yr also known as street and number 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 said parties of the first part, either in law or equity, unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy. IN WITNESS WHEREOF, The said part iesof the first part ha ve hereunto set hand s and seal s the day and year first above written. Signed, Sealed and Delivered in the presence of ss. County of Garfield STATE OF COLORADO, The foregoing instrument was acknowledged before me this 1981 ,by W. C. Meadows and E. J. Meadows. My commission expires ge ape ettr 4 , 1983 WITNESS my hantii.•ilCs , „*%. t?,,, No. 982. QUIT C I.A:M DEED —Te hist fAf ord Publishing C.,. 1666 Stout street. Denver. Colored. (646-6011)—T.15 ea•ows _SEAL] •. Meadows --SEAL]• (SEAL) 27th day of August Notary Public • The printed portions of this form approved by the Colorado Real Estate Commission ITD 73.11.83) IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL. THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. DEED OF TRUST (Due on Transfer — Creditworthy Restriction) THIS DEED OF TRUST is made this 31st day of August 19 _92_ between ---- MURRILL THOMAS SCOTT and SUE ANN SCOTT ---- (Borrower), whose address is Box 190, Silt, CO 81652 and the Public Trustee of the County in which the Property (see paragraph 1) is situated (Trustee); for the benefit of ---- HEINZ BEER and MARTHA J. BEER ---- (Lender), whose address is Borrower and Lender covenant and agree as follows: 1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby grants and conveys to Trustee in trust, with power of sale, the following described property located in the County of Garfield , State of Colorado: See Exhibit A attached hereto and made a part hereof. Together with 5.75 shares of stock in the Grand River Ditch Company. which has the address of 32956 River Frontage Road (Street) Silt Colorado 81652 (City) (Zip Codcl (Property Address). together with all its appurtenances (Property). 2. Note; Other Obligations Secured. This Deed of Trust is given to secure to Lender: A. the repayment of the indebtedness evidenced by Borrower's note (Note) dated August 31 principal sum of Three Hundred Sixty Thousand and no/100 19 92— in the U.S. Dollars, with interest on the unpaid principal balance from August 31 rate of --8.75-- percent per annum. with principal and interest payable at P.O. Box 1948, Helendale, CA 92342 or such other place as the Lender may designate, in monthly payments as set forth in the Promissory Note, , 19 92_ until paid, at the Mk ' ea' • ' 4:. 01 u on the 1st day of each month beginning October 1 19 92 • such payments to continue until the entire indebtedness evidenced by said Note is fully paid; however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon, shall be due and payable on April 1 m 2014; and Borrower is to pay to Lender a late charge of ---5--- % of any payment not received by the Lender within ---10--- days after payment is due; and Borrower has the right to prepay the principal amount outstanding under said Note, in whole or in part, at any time without penaltyx.nertx. B. the payment of all other sums, with interest thereon at ---8. 75" --- % per annum, disbursed by Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust; and C. the performance of the covenants and agreements of Borrower herein contained. 3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants title to the same, subject to general real estate taxes for the current year. easements of rel ord or in existcnce, and re orded declarations, restrictions, reservations and covenants, if any. as of this date and except no warranty of title is given as to Parcel C described on Exhibit A hereof. 4. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note. and late charges as provided in the Note and shall perform all of Borrower's other covenants contained in the Note. 5. Application of Payments. All payments received by Lender under the terms hereof shall be applied by Lender first in payment of amounts due pursuant to paragraph 23 (Escrow Funds for Taxes and Insurance), then to amounts disbursed by Lender pursuant to paragraph 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note. No. TI) 73-11.83. DEED OF TRUST (Due on Transfer — Credits(urth) Restriction) Bradford Publishing. 1743 Wazee St., Denver, CO 80202 — (3031292-2500 — 3-90 6. Prior Mortgages and Deeds of Trust: Charges: Liens. Borrower shall perform all of Borrower's obligations under any prior ' deed of trust and any other prior liens. Borrower shall pay all taxes. assessments and other charges, lines and impositions attributable to the Property which may have or attain a priority over this Deed of Trust. and leasehold payments orground rents. if an,. in the manner set ed to e paid in yment out in due. direL ly the pa Fee thereof. Despitfor Taxes e the\fi foregoing. in� . Borrower r, if not hall nott be required`h to mike par. ymeny ttlrower s other \N requg ired by when doeaif B to the payee h P such by, or anis paragraph ce in grower, after operatenoticeto event thelall in gooll enorcentcntiof thetobltt obligation or forifeiiture of theePr Propertement of such y any part thereof only uplegal r proceedings ng ail cont upon Borrower m;Lkin�� all such contested payments and other payments as ordered hs the curt to the r, utry of the court in '.tihieh ,ueh proceedings are filed. 7. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against ount at st h> bo fire or haan includedousufficientte term topay the sums secured byed ethin an is Deedtof Trustlastwell aslto anythe prior encumbranceser of 11 ) the soninsurable Property. the Property or (2) an amount 1 All of the foregoing shall be known as "Property Insurance-. The insurance providing the es shall qualified Property PrInsurance and Borrower ubJectto Lender's right torjithe chosen carrier for reasonable aue.Allinsurance policies and renewals thereof shall e se in vor of Lender, and de that the insurance carrier ll Lender at least ten ) s include a cancellation, errrninationuor anyamaterial change of coverage.iInsu Insurance policies shall be furnaished notify Lender at or before(cl0osing. before c ' Lender shall have the right to hold the policies and renewals thereof. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Insurance proceeds shall be applied to restoration or repair of the Property damaged,provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be unpaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust. with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within days from the date notice is benefits, sin Lender idance s authoritzed o collect ah nd apply the insurance proceeds. at Lender's option, otice) by Lender to Borrower that the carrier offers to settle a claim for insurance either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and insurance) or change the amount of such installments. Notwithstanding anything herein to the contrary, if under paragraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is insurance from d to thr,Prlopie right, aiie and or to theterest of Borrower in and to sate or acquisition shall pass to Lender to heicies exte extentand f the suns secthe ured byds this Deed of Trus il from damage to the Property p immediately prior to such sale or acquisition. nc All of the rights of Borrower and Lender hereunder with respect tosurao said e carrviers carui arsn policies aandpolicies and po111dce proceeds are Ili subject to the rights of any holder of a prior deed of trust with respect 8. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. Borrower shall perform all of Borrower's obligations under any declarations. covenants, by-laws, rules. or other documents governing the use, ownership or occupancy of the Property. 9. ito of Lerni the Securitand Except tants containedhen rhas in this Deed of Trust, orrif aidefault occurs inga prior lien. above, if any Borroweronor failsra ingf the covenantsg I action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, with i i notice to Borrower if required by law. may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not limited to. disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property or by law or otherwise to cure any default under said prior encumbrance. nal indebtedness of , Any amounts his disbursed by Lenderst. Such amounts shaursuant to this ll payable upon notice froh 9, With interest m Lender to Borrower requestereon, shall become ing payment thereof, I Borrower ecureb by this Deed o and Lender may bring suit to collect any amounts so disbursed plus interest specified in paragraph 2B (Note; Other Obligations Secured). 11 Nothing contained in this paragraph 9 shall require Lender to incur any expense or take any action hereunder. 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. or consequential, in connection with any con damages, directq 11. Condemnation. The proceeds of any award or claim for g demnation or other taking of the Property, or part thereof. or for conveyance in lieu of condemnation, are hereby assigned and shall be , ' paid to Lender as herein provided. However, all of the rights of Borrower and Lender hereunder with respect to such proceeds are subject 1 f Trust, with the excess, to the rights of any holder of a prior deed of trust. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed oru, , if any, paid to Borrower. In the event of a partial taking of the Property, the proceeds remaining after taking out any part of the award due 1 any prior lien holder (net award) prior hall to the date of taking bearsetween rtoBorrower'sdr, in the same equity in theratio as the amount of the Property immediately prior tto the date os secured f j � this Deed ofrr Trustwen's immediately Property taking. Borrower's equity in the means the fair market value of the Property less the amount of sums secured by both this Deed l of Trust and all prior liens (except taxes) that are to receive any of the award, all at the value immediately prior to the date of taking. 11 If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or I settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date such notice is given, Lender is authorized to II collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.I I Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4 I Insurance) nor (Payment1.of mower Not Released. Extl and Interest) andension 23 nsion ofothe Fundsmfop payment or Taxes r modification of amortization of hee the tof such surns secured bythis11 Deed inal I of Trust Borrower,grantedBoy Lendsr u ces sucors in efrom he onterest of origower shall not i al terms of th s Deed of Trust Lender hall not be requireerate to release, in any manner, the d toof the comm nce sur'sch successors in interest,g proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower nor Borrower's successors in interest. 13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy. 14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from and cumulative to all other 11 rights or remedies under the Note and this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently IIll or successively. 15. Successors and Assigns Bound; Joint and Several Liability: Captions. The covenants and agreements herein contained shall 11 bind. and the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower. subject to the provisions of paragraph 24 (Transfer of the Property; Assumption). All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. y provided 16. Notice. Except for any notice required by law to be given in another manner, (a) an notce to Borrow rye c firr sn t -class cthiss Deed of Trust shall be in writing and shall be given and be effective upon (1) delivery to Borrower or (2) mailing by U.S. mail, addressed to Borrower at Borrower's address stated herein or at such other address as Borrower may designate by notice to i Lender as provided herein, and (b) any notice to Lender shall he in writing and shall be given and be effective upon (1) delivery to Lender or (2) mailing such notice by first-class U.S. mail• to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in any manner designated herein. 17. Governing Law; Severability. The Note and this Deed of Trust shall be governed by the law of Colorado. In the event that any 11 provision or clause of this Deed of Trust or the Note conflicts with the law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and Note are declared to be severable. • • 18. Acceleration; Foreclosure; Other Remedies. Except as provided in paragraph 24 (Transfer of the Property; Assumption), upon Borrower's breach of any covenant or agreement of Borrower in this Decd of Trust, or upon any default in a prior lien upon the Property, (unless Borrower has exercised Borrower's rights under paragraph 6 above), at Lender's option, all of the sums secured by this H Decd of Trust shall be immediately due and payable (Acceleration). To exercise this option, Lender niay invoke the power of sale and any other remedies permitted by law. Lender shall he entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust, including, but not limited to, reasonable attorney's fees. If Lender invokes the power of sale• Lender shall give written notice to Trustee of such election. Trustee shall give such notice to Borrower of Borrower's rights as is provided by law, Trustee shall record a copy of such notice as required by law. Trustee shall advertise the time and place of the sale of the Property, for not less than four weeks in a newspaper of general circulation in each county in which the Property is situated. and shall mail copies of such notice of sale to Borrower and other persons as prescribed by law. After the lapse of such time as may he required by law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place (which may be on the Property or any part thereof as permitted by law) in one or more parcels as Trustee may think best and in such order as Trustee may determine. Lender or Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any such sale to see to the application of the purchase money. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including. but not limited to. reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess. if any. to the person or persons legally entitled thereto. 19. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder, the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest payments due as of the date of cure, costs, expenses. late charges, attorney's fees and other fees all in the manner provided by law. Upon such payment, this Decd of Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had occurred, and the foreclosure proceedings shall he discontinued. 20. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property; however, Borrower shall, prior to ,Acceleration under paragraph 18 (Acceleration: Foreclosure; Other Remedies) or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies), and shall also be so entitled during the time covered by foreclosure proceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to the solvency or ! insolvency of Borrower or of the then owner of the Property and without regard to the value thereof. Such receiver may be appointed by any Court of competent jurisdiction upon ex parte application and without notice — notice being hereby expressly waived. Upon Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, Lender, in I person, by agent or by judicially -appointed receiver, shall he entitled to enter upon. take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied, first, to payment of the costs of preservation and management of the Property, second. to payments due upon prior liens, and then to the sums secured by li this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 21. Release. Upon payment of all sums secured by' this Deed of Trust. Lender shall cause Trustee to release this Deed of Trust and shall produce for Trustee the Note. Borrower shall pay' all costs of recordation and shall pay the statutory Trustee's fees. If Lender shall not produce the Note as aforesaid. then Lender, upon notice in accordance with paragraph 16 (Notice) from Borrower to Lender. shall obtain. at Lender's expense. and file any lost instrument bond required by Trustee or pay the cost thereof to effect the release of this Deed of Trust. 22. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Property under state or federal law presently existing or hereafter enacted. 23. Escrow to a prior encumbrance. Subject to applicable law, Borrower shall pay to Lender.on each day installments of principal and -rest are payable under the Note. until the Note is paid in full. a sum (herein referred to as "Funds") equal to of the yearly taxes and assessments which may attain priority over this Decd of Trust, plus of yearly premium installments for Property Insurance. all as reasonably estimated initially and from time to time by bills and reasonable estimates thereof. taking into account any excess Funds not used or s The principal of the Funds shall be held in a separate account by the Lender in t an institution the deposits or accounts of which are insured or guaranteed by a said taxes, assessments and insurance premiums. Lender may not cha or verifying and compiling said assessments and bills. Lender s Lender shall give to Borrower, without charge. an annua for which each debit to the Funds was made. Th If the amount of the Funds held by L Borrower shall pay to Lender any a with paragraph 16 (Notice Upon payment Lender. If un Lend L on the basis of assessments and yes. r the benefit of the Borrower and deposited in al or state agency. Lender shall apply the Funds to pay r so holding and applying the Funds, analyzing said account of be required to pay Borrower any interest or earnings on the Funds. unting of the Funds showing credits and debits to the Funds and the purpose ds are pledged as additional security for the sums secured by this Deed of Trust. shall not be sufficient to pay taxes. assessments and insurance premiums as they fall due, nt necessary to make up the deficiency within 30 days from the date notice is given in accordance ender to Borrower requesting payment thereof. of all sums secured by this Deed of Trust, Lender shall simultaneously refund to Borrower any Funds held by aragraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is sold or the Property is otherwise acquired by nder shall apply no later than immediately prior to the sale of the Property or its acquisition by Lender, whichever occurs first, y-1.444442.24. Transfer of the Property; Assumption. The following events shall be referred to herein as a "Transfer": (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein), (ii) the execution of a contract or agreement creating a right to title (or any portion thereof. legal or equitable) in the Property (or any part thereof or interest therein). ( iii) or an agreement grunting a possessory right in the Property (or any portion thereof), in excess of three (3) years, (iv) a sale or transfer of. or the execution of a contract or agreement creating a right to acquire or receive, more than fifty percent (50%) of the controlling interest or more than fifty percent (50th) of the beneficial interest in the Borrower, (v) the reorganization, liquidation or dissolution of the Borrower. Not to he included as a Transfer arc (i) the creation of a lien or encumbrance subordinate to this Deed of Trust, (11) the creation of a purchase money security interest for household appliances. or ( iii) a transfer by devise. descent or by operation of the law upon the death of a joint tenant. At the election of Lender. in the event of each and every Transfer: (a) Borrower shall. upon Lender's request, submit information required to enable Lender to evaluate the creditworthiness of the person ("Transferee") who is, or is to be, the recipient of a Transfer, as if a new loan were being made to Transferee. If Transferee is reasonably determined by the Lender to be financially incapable of retiring the indebtedness according to its terms, based upon standards normally used by persons in the business of making loans on real estate in the same or similar circumstances, then all sums secured by this Deed of Trust. at Lender's option. may become immediately due and payable ("Acceleration"). (b) if Lender exercises such option to Accelerate, Lender shall give Borrower notice of Acceleration in accordance with paragraph 16 (Notice). The notice shall inform Borrower of the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to Acceleration and sale. Such notice shall also provide a period of not less than 10 days from the date the notice is given within which Borrower may pay the sums delcared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 (Acceleration; Foreclosure; Other Remedies). Lender shall give notice of such Acceleration, within thirty (30) days after notice of any Transfer is given to Lender by Borrower or Transferee in accordance with paragraph Ib (Notice). If Lender shall not give notice of such Acceleration within such thirty (30) days, then Lender will have no further right to such Acceleration. (c) If a Transfer occurs and should Lender not exercise Lender's option pursuant to this paragraph 24 to Accelerate. Transferee shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including all sums secured hereby whether or not the instrument evidencing such conveyance. contract or grant expressly so provides. This co\enant shall run with the Property and remain in full force and effect until said sums are paid in full. The Lender may without notice to the Borrower deal with Transferee in the same manner as s ith the Borrower w ith reference to said sums including the payment or credit to Transferee of undishursed reserve Funds on payment in full of said sums. without in any way altering or discharging the Borrower's liability hereunder for the obligations hereby secured. (d) Should Lender not elect to Accelerate upon the occurrence of such Transfer then. subject to (h) above, the mere fact of a lapse of time or the acceptance of payment subsequent to any of such events. whether or not Under had actual or constructive notice of such Transfer. shall not be deemed a waiver of Lender's right to make such election nor shall Lender he estopped therefrom by virtue thereof. The issuance on behalf of the Lender of a routine statement showing the status of the loan. whether or not Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's said rights. 25. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and of this Deed of Trust. Continued on reverse side. II EXECUTF.D BY BORROWER. IF BORROWER IS NATURAL PERSON(s): MURRILL THOMAS SCOTT SUE ANN SCOTT IF BORROWER IS CORPORATION: ATTEST: Secretary' (SEAL) IF BORROWER IS PARTNERSHIP: STATE OF COLORADO COL WI OF Garfield doing business as by Name of Corporation President by Name of Partnership A General Panner The foregoing instrument was acknowledged before me this 31st day of August 19 92— by* Murrill Thomas Scott and Sue Ann Scott Witness my hand and official seal. My commission expires. Notary Public Address 'If a natural person or persons. insert the namets) of such persont st. If a corporation. insert. for example. "John Doe as President and Jane Doc as Secretary of Doe & Co.. a Colorado corporation." If a pannership insert. for example. "Sam Smith as general partner in and for Smith & Smith. a general partnership." DEED OF TRUST 2 2 ce 0 U LL 0 1- rn 0 0 U 0 .2 0 Y 0 0 T 0 0s Drded in book z 0 O 0. 4) 0 Z 8 A EXHIBIT A Attached To and Made a Part of Deed of Trust Dated August 31, 1992, Between Murrill Thomas Scott and Sue Ann Scott as Borrower, Heinz Beer and Martha J. Beer as Lender and the Public Trustee of Garfield County, Colorado PARCEL A Parcels 1 and 2 Sievers Exemption Map Recorded May 11, 1984 as Reception No. 352214. Together with a Road Easement being 30 feet in width as shown on the Sievers Exemption Plat and a 60 -foot right-of-way through that parcel of land described in Deed recorded February 18, 1982, in Book 593 at Page 73 as Reception No. 324848. EXCEPTING THEREFROM that portion of Parcel 1 theretofore conveyed to Arthur P. Gould and Ruth E. Gould by Deed recorded February 18, 1982 in Book 593 at Page 73 as Reception No. 324848. ALSO EXCEPTING a portion of the above described property lying southerly of the North Meander Line of the Colorado River. PARCEL B A parcel of land situated in Lot 6 of Section 9, Township 6 South, Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado, lying Southeasterly of the Southerly right-of-way line of Interstate 70, said parcel of land is more fully described as follows: Beginning at the intersection point of said right-of-way line and the East line of said Lot 6; whence the Northeast Corner of said Section 9 bears: N. 43°40'57" E. 1884.39 feet; thence S. 00°43'35" E. along said Lot line, 809.28 feet to a point on the North bank Meander Line, being the Southeast corner of said Lot 6; thence N. 59°15'00"W. 609.76 feet along said Meander Line; thence N. 50°30'00"W. along said Meander Line, 235.34 feet to a point on said right-of-way line; thence, along said right-of-way line, N. 57°58'30" E. 307.92 feet; thence 472.45 feet along the arc of a curve to the right, having a radius of 2714.789 feet, the chord of which bears: N. 66°59'13" E. 471.86 feet, to the Point of Beginning. EXCEPTING THEREFROM a portion heretofore conveyed to Clyde H. Sievers and Lucy J. Sievers by Deed recorded September 14, 1981 in Book 581 at Page 217 as Reception No. 319134. PARCEL C A parcel of land situated in the Meander Land of the Grand (Colorado) River, being in the SW%4NE1/4 of Section 9, Township 6 South, Range 92 West of the 6th Principal Meridian, Garfield County, Colorado, lying Northerly of the centerline of the Colorado River, Southeasterly of the Southerly right-of-way line of Interstate 70 and lying between Lots 5 and 6 of said Section 9, said parcel is more fully described as follows: Beginning at the intersection point of said right-of-way line and the Southwesterly line of said Lot 6 whence the Northeast Corner of said Section 9 bears: N. 49°25'00"E. 2629.30 feet; thence S. 50°30'00" E. 235.34 feet along the North bank Meander Line; thence S. 59°15'00" E. along the North bank Meander Line, 609.76 feet to a point on the Easterly line of said SW'/4NE'/a, being the Southeast Corner of said Lot 6; thence S. 00°43'39" E. along said Easterly line, 104.70 feet, more or less, to the center of said river, 732.66 feet to a point on the Northeasterly line of said Lot 5; thence N. 62°99/00"W. along the South bank Meander Line; 512.99 feet to a point on said right-of-way line; thence along said right-of-way line, N. 56°00'00"E. 299.63 feet; thence N. 57°58'30"E. 276.08 feet to the point of beginning, containing 0.16 acres, more or less. WITHOUT AND EXCLUDING a right of access from said lands to any open public road, street or highway. SEO-WTR DIV 5 TEL:303-945-5665 • DIVISION OF WATER RESOURCES WATER DIVISION FIVE Office of (he State Engineer Oepartmenl of Natural Resourc:es 50633 U.S. Hwy 6 & 74 P.O. Sox 396 Clenwood Spring, CO 61602 Phone (303) 945-5665 FAX (303) 945.6741 Jul 30 96 9:11 No.001 P.01 • STATE OF COLORADO FAX TRANSMISSION COVER SHEET DATE: z,,- -,, c TRANSMIT TO FAX NUMBER: .5` - /3 7 7 x 45.7s- f' - IMMEDIATE DELIVERY TO: Er-- `c. /he- Cor Fft' FROM: 8.4 j 474 64--4 - ,4 4e q:..� NO, OF PAGES (INCLUDING COVER SHEET): Ray Romer Govt•mor lames S. Lx I,hcad Dtecuieve Dile( tor Hal D. Simlix,n Stale 1 ngincer Orlyn 1. bell Uivi.ine (nginrtr INSTRUCTIONS/COMMENTS: For Te2A-1 4 k,v /ate ,. 4 S' l ? (---e( "/"(-- et , j i.. /1/0 / c- 6 Gv c. l/ r 1 / `.y.. e- .- 7P 1'15- X -..s itG --,'C Cr sl- e .0 77 d.. -k.,,, -Q -/44 '.. 0 k S L f:5 yi e e 1 e Gt- /j• .e c.---• If you have problems receiving document(s), please call 945-5665. DIVISION 5 WATER RESOURCES OUR FAX NOS: (303) 866-5415 or (970) 945-8741 (call first before sending to latter,) SEO-WTR DIV 5 TEL:303-945-5665 Jul 30 96 9:11 No.001 P.02 WI ' �lambinc. Bldg., L845 Sherman Sired, Daivcr, Color 0203 J jr Lti th•N TYPE OR PRINT TN BLACK INK. PI,T.CAT'ION MUST BE COMPLETE) BEE ACCF;pTANCE. w - a APPJ' ICATI ON FOR: A PERMIT TO A PERMIT TO RFYIACJ rr - A PPRMIT TO OTHER USE GROUND WATER CONSTRUCT A WELL FOR NO. INSTALL A PUMP APPLICANT l,, jI„ Street Address GROUND WATER TO BE USED FOR: 1/ DOMESTIC (1) COMMERCIAL (4 LIVESTOCK (2) INDUSTRIAL (5: MUNICIPAL (8) IRRIGATION (6; OTHER WELL LOCATION , COUNTY � x City & State J /20 1, . / ) Telephone No . ' ;7424/g3 NAME OF AQUIFER? GROUND _ WATER 1S TO 13E OBTAINED 4rIK FROM: PROPOSED TOTAL DEPTH OF WELL MTIMATED MAXIMUM PUMPING IRATE AVERAGE ANNUAL AMOUNT OF GROUND WATER TO BE APPROPRIATED ANTICIPATED GROUT PROGRAM Ma_ Jed Intervals Intervals (7 " (� Placement Method PROPOSED) CASING: t9L e Si of the �� � of Section 4.�` T. 6 S c� IN ADDITION TO THE ABOVE, THE WELL MUST BE LOCATE? WITII REFERENCE TO GOVERNMENT SURVEY CORNERS, MONUMENTS OR SECTION LINES BY DISTAN AND BEARING (DOMESTIC WELLS MAY BE LOCATED BY LOT, BLACK, & SUBDIVISION.) Ft. ft. from section 7 (North or South) GPM ft. from section 1: (East or West) LOT BLOCK FILING 1/ Acre-feet Plain in. from 6, ft. to l'U ft in. from 1t. to ft. in. from ft. to _27. ft. in. from ft. to ft. Perf. Driller e ddress 1F 8-) No . �o r 94', 1�C ! Sig '.ture of Applicant 7-/ ; c_,��Pl�ir'0 WELL TS USED FOR IRR..CA TON PACK SIDE OF TtIIIS APPLICATION MUST BE COMPLETED. FOR OFFICE USE ONLY APPLICATION APPROVED; VALID FOR ONE (1) YEAR A1? PER DATE 1SSUE1) UNLESS EXTENDED IFR GOOD CAUSE SHOWN TO THE ISSUING AGENCY. PERMIT NO. 59849 SUBDIVISION Ground Water Basin Water Mgmnt. Dist. Anticipated dr;llUng date Owner of land on which wei is located:/ / Other water- rights on this land I00DITIONS Ole APPROVAL • 294«. DATE ISSUED MAY 4 1972 GiNEER0' BYvo�r