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HomeMy WebLinkAbout1.0 Application• • BEFORE THE BOARD OF COUNTY COMMISSIONER OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations n of Grfield County �c DColorado, adopted April 23, 1984, the undersigned Oc.....A , y-` a;„¢r,.,..4.s�.:t4 respectfully petitions the Board of County Commissioners vofarfield County, Colorado, to exempt by Resolution the division of yU + - ace tract of land into 3 tracts of approximately (E'//2 / acres each, more or less, from the definitions of subdivision and stabdivided land” as the terms are used and defined in C.R.S. (1973) Section 30- 28-10 (1' /0) a) - (d) and the Garfield Coun y Subdivision Regulations for the reasons stat below: 7'Y-4-Q-✓VG$o - r7�vC tU l /] 0. „S W'J( (.1fIrv5s =�rj /veihZo✓S S let r� �� -f 1/ 510/ fir/ SUBMITTAL REQUIREMENTS: An application which satisfied the review criteria must be submitted with all the following information: r6-Xes ‘/A1 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 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 Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and 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 lever of approval of fire protection plan from appropriate fire district; and l� 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 Narrative explaining why exemption is being requested; and 1. • • It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted with the application. K4— SCOL Li Petitioner Oi .,.n(4 � k �j Qc — C 643Li U_ 3c) Mailing Address City State Telep one umber (o L(0 -gait 1(0...a) EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at that time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right-of- way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. 2. • • All Garfield County zoning requirements will be met; and All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells with 1/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district; and F. All state and local environmental health and safety requirements have been met or are in the process of being met; and G. Provision has been made for any required road or storm drainage improvements; and H. Fire protection has been approved by the appropriate fire district; and 3. • • I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and School fees, taxes and special assessments have been paid. (The school impact fee is $200.00 for each lot created) PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. B The Planning Department shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Department. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedures in these regulations. 4. SUBDIVISION REGULATIONS OF GARFIELD COUNTY, COLORADO OF 1984 including dmendhnents through 19 Februaxy _1997. 8:00 EXEMPTION 8:10 APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following the review of the individual facts of each application, in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption request. The Board has determined that leases, easements and other similar interests in land for oil and gas facilities; and an accessory dwelling unit or two family dwelling that are subject to leasehold interest only and complying with the requirements of the Garfield County Zoning Resolution, are exempt from these regulations. 8:20 PROCEDURE 8:21 A request for exemption shall be submitted to the Board on forms provided by the Garfield County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. 8:22 The Planning Department shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners' meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. 8:30 BOARD OF COUNTY COMMISSIONERS' MEETING 8:31 The Board shall consider the exemption request at a scheduled Board meeting. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within two hundred (200) feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. 8-1 8:33 • 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 procedure in these Regulations. A plat of an approved or conditionally approved exemption shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate (See Appendix), the County Surveyors Certificate (See Appendix) and a state, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. 8:40 SUBMITTAL MAPS AND SUPPLEMENTAL INFORMATION 8:41 8:42 An application for exemption shall be accompanied by the following maps: 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 a U.S.G.S. quadrangle map may be used. The following supplemental information regarding the proposed exemption shall be filed with the application: A. Copy of the deed showing ownership in the applicant, or a letter from the property owner(s), if other than the applicant; B. Names and addresses of owners of record of land immediately adjoining and within two hundred feet (200') of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; C. Evidence of the soil types and characteristics of each type; D. Proof of legal and adequate source of domestic water for each lot created. Proof of a legal supply shall be an approved substitute water supply plan contract or augmentation plan, an approved well permit or legally adjudicated domestic water source. Proof of physical supply for the public meeting may be documentation from the Division of Water Resources that demonstrates 8-2 • • that there are wells within 1/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies shall demonstrate the following: 1. That a four (4) hour pump test be performed on the well to be used; 2. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4. A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5-. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6. If the well is to be shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; 7. The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; F. If connection to a community or municipal water or sewer system, is proposed, a letter from the governing body stating a willingness and ability to serve; G. Narrative explaining why exemption is being requested; H. It shall be demonstrated that the parcel existed, as described on January 1, 1973, or the parcel, as it exists presently, is one (1) of not more than three (3 ) parcels created from a larger parcel, as it existed on January 1, 1973; and I. School- fees, taxes and special assessments have been paid. (The school impact fee is $200.0.0 for each lot created). 8:50 REVIEW CRITERIA 8:51 An application for exemption must satisfy, at a minimum, all of the review criteria listed in Section 8:52. Compliance with the review criteria, however, does not ensure exemption. The Board may also consider the additional factors listed in Section 8:60, and the applicability standard of Section 8: 10, to determine whether the exemption, in the Board's discretion, shall be approved or denied. 8-3 8:52 The Board shall not grant an exemption unless the division proposed for exemption has satisfied the following criteria: A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been larger than thirty five (35) acres in size at that time and not part of a recorded subdivision; however, any parcel to be divided by an exemption that is split by a public right-of-way (State or Federal Highway, County road or railroad), preventing joint use of the proposed tracts and the division occurs along the public right-of-way, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tract of land thirty five (35) acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January 1, 1973. All Garfield County zoning requirements will be met; 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; 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; E. All state and Local environmental health and safety requirements have been met or are in the process of being met; F. Provision has been made for any required road or storm drainage improvements; G. Fire protection has been approved by the appropriate fire district and impact fees are paid, based on a study of the fiscal impact on the district by new subdivision development, approved by the Board of County Commissioners and Planning Commission. H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and School fees, taxes and special assessments have been paid. 8:60 ADDITIONAL CONSIDERATIONS C. In the evaluation of each petition for exemption, and in addition to the review criteria in Section 8:52, the Board shall consider the following: A. General conformance with the Garfield County Comprehensive Plan; B. Compatibility of the proposed exemption with existing land uses in the surrounding area; 8-4 • • C. Recommendations of any municipality within two (2) miles of the proposed exemption, or within three (3) miles, if the municipality has a major street plan; D. Recommendations of any state or local agency or organization whose opinion the Board determines is necessary or appropriate; E. Suitability of soil, water, vegetation, geologic and topographic characteristics of the land for the type of division proposed; F. Number of lots and/or multiple -dwelling units created by the proposed exemption; G. Provision for open space within the proposed exemption; H. Proposed density and provisions for adequate off-street parking; and Covenants and plat notes, restricting the lots to the following: 1. One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owner's property boundaries. The requirements shall be included in the protective covenants for the subdivision with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases; 2. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. sew., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances; and 3. Each subdivision shall have covenants requiring that all exterior lighting be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. To: David Blair GVFPD Sent by the Award Winning Cheyenne Bite From: Kit Lyon 9703845004 09/28/01 9:09:16 Page 1 of 5 • FACSIMILE COVER PAGE Date: 09/28/01 Time: 9:09:12 Pages: 5 To: David Blair Company: GVFPD Fax #: 285-9748 From: Kit Lyon Title: Senior Planner Company: Garfield County Building and Planning Address: 109 8th St., ste. 303 Glenwood Springs, CO 81601 USA Fax #: 9703845004 Voice #: 9709458212 Message: OCT : 5 200 David, FYI. The Schluters still need a letter from the GVFPD approving the road to CR320 (you stated previously they still need pull outs and an all weather surface) and approving the fire protection pond and dry hydrant. Please call if you have any questions. Thanks, k. / Lc) E,,,., - v 9 ) z 6 a 77-1 gcr ,4 17;07—>-, -TO A3 6 L /g- L s /4,41- CC: ALL"- vv) -((c _ _ CU 6 (,c.> G Cc) C-60 7 �CG "L y v L S� ,z` LAWRENCE M. MINCER ATTORNEY AT LAW • REcEi R r -r1 (77n r' RE C E1VED SEP 1 b. 221 September 17, 2001 Kit Lyon Senior Planner Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 Re: Dangling Rope, Inc. Subdivision Exemption Dear Kit: 811 Colorado Avenue Post Office Box 850 Glenwood Springs, Colorado 81602 (970) 945-5448 Fax (970) 945-5475 RECEIVED SEP 1 9 2001 Enclosed is a letter from Syracuse Drilling & Pump Company clarifying that the existing pump and storage tank on the Schluter well is sufficient to serve two homes on the property. LMM/dv cc: Kent Schluter Yours very truly, 11144 Sep -12-01 03:29A SYRAC. DRILLING & PUMP 970-6 1530 P.O2 Syracuse Drilling & Pump Co., Inc. WELLS • SPECUL TY DRiii'YG • PUMPS • WATER TREATMENT S4L S INSTALLATION St -AMC & T ESTiNG PG BOX 2346 • GLENWOOD SPRINGS, COLORADO 81602-2346 August 20, 2001 Kent & Carol Schluter 6434 Co Rd 309 Parachute, CO 81635 370-625-1522 377-2229443 fax 970-625-1530 ,ECElVEDSEP '1 b 2-111il RECEIVED SEP 1 9 2001 Re. 2165 County Road 331 -- Garfield Co., Colorado - Pump Testing Results Dear Boyd, On July 22, 2001, our company preformed a pump test on the above referenced property_ We observed the following data'. Utilizing the existin_t? Well pump, the Well produced a minimum of 7 Gallons Per Minute fror a period cJ four (4) hours. The existing rrurnp rate at 7 gallons per minute along with the 1000 gallon storage tank, more than meets the State regulations This is our professional °pinion that this .Well is sufficient to service two (2) Jain, each with a family of four (4). Thank you for the opportunity to serve you_ Please feel free to contact its with any questions or comments. Respectfully Submitted, SYRACUSE DRILLING & PUMP CO., INC. Jay J. DeLine President & CEO Colorado license No. t 3R2 JJD/csd SEP -12-2001 15:3 970 0 625 1530 P.02 09/19/2000 19:35 9706254052 • SILVERWOOD CONST SAMUELSON PUMP CO. INC. P.O. BOX 297 WATER SYSTEMS GLENWOOD SPRINGS SALES, SERVICE & INSTALLATION COLORADO 81602 945-6309 October 3, 2000 Kent Sc uter 6434 Co. Rd. 309 Parachu , Co. 81635 Attn: Ke . t PAGE 01 RECEIVED OCT 2 6 2000 On 0 ' tober 20, 2000 a well test was conducted on a well at 6434 Co. Rd. 309. Th ; following information was obtained; Well Depth---- 150'-0" Casing size 5"(PVC) Standing water level 129.07' Drawdown to pump intake 135.45' Production is - 0.78 gpm. This t st was conducted with the existing pump and related equipment. The pum is a 3/4 hp. submersible. The well pumps into a storage tank. The well : d related equipment is in proper working order at this time. The well recered back to 132.58' in 27 min. This well will produce 1123 gal, per day. he average use per person per day is 100 to 150 gal. With storage ' is well could provide water for two households of 4 persons at this time It should be noted that well production can vary during the year and from year to year. If you have any questions please call me, Raun Samuels Sincerel . Raun S uelson TO'd 436 PIORTN Avenue Received from: • 91782-TL80L61 52:9T T00Z-SO-100 RFL' JOHN C. 1CP..PHART Sr CO. C V GRAN: JUNCTION LAGORATOTf tS Oct o8 ze • PHONE: (970) 2812.7978 ♦ FAX (OTO) 24.7.7235 • GOaNa JUMGTION. COLaRAOO aisoi -- ANALYTICAL REPORT — Carol L. Schluter 6434 C. R. 309 Parachute, CO 8155 625-4052 77.01 water Custamee Na Laboratory No. Sample Date Received 8/17/01 lhue Reported S/29/01 Sample 7301 Limits for Well, Private, Public 6434 DR 309, Drinking Garfield Cty Supplies S/16/01 12:40 PM by Mark Davis Total Coliform Bacteria 0 colonies/100m1 must be zero Nitrate (fid) 0.46 ,mg/1 10 mg/1 Total Suspended Solids <5 no limit known Id W.:182370 LGJOZ S0 1.30 Director: 9. Bauer 378LL1.1802_5 L : -ON Ajj NO I 1Sna SN00 S21113ddt teLL : woad • • LAWRENCE M. MINCER SEP 2001 ATTORNEY AT LAW RECLINE D September 12, 2001 Kit Lyon Senior Planner Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 Re: Dangling Rope; Inc. Subdivision Exemption Dear Kit: 811 Colorado Avenue Post Office Box 850 Glenwood Springs, Colorado 81602 (970) 945-5448 Fax (970) 945-5475 Kent Schluter has requested that I write you concerning the above referenced application. I have reviewed the subdivision exemption resolution, the preliminary exemption plat and discussed these matters with you recently by phone. It appears that Dangling Rope has met all of the requirements for the exemption except for the following: 1. Providing legal access to the property. 2. Completion of the requirements of the fire protection district. 3. Clarification of any storage requirements for the domestic water. The access problems are the result of errors in the easement deeds from Elaine Johnson to Dangling Rope. We have made several requests of Ms. Johnson to correct these problems but she has been -serer ? ncooperative. It is our ujnrl.- rstanr.1ing that she has also contacted your office objecting to this exemption for various reasons which she had not explained to us. We have made a formal demand upon her to correct these problems and expect a response shortly. Mr. Schluter has, at considerable expense, completed construction of the road. The location and width are satisfactory to the Grand Valley Fire Protection District, and addition work as been done since its August 10th letter. We have arranged to have the plat completed to show the final location, but need the proper easements from Ms. Johnson. Kit Lyon September 12, 2001 Page 2 • • As you know, Mr. Schluter has been further frustrated by the changes to the fire protection requirements requested by representatives of the fire protection district. In the letter dated August 10, 2001 from Chief Blair to you, he limits the options to (1) a separate local supply for each residence, or (2) a pressurized supply for all residences. He strongly recommends a fire protection sprinkler systems for both residences, but it is not clear how this would affect the other two options. When we discussed this by phone, you said the County would not change the requirement in the original resolution to seal the existing pond. As soon as the easements are received, Mr. Schluter will seal the pond, unless you tell us to do otherwise. Mr. Schluter is checking with Syracuse Drilling on any pump and storage requirements for the well. We expect clarification of this in the next week. Because of these problems, it appears we will not be able to make the September 18, 2001 expiration date of the current permit. We would therefore ask that you consider this a request for additional time to complete the remaining requirements and present this to the County Commissioners. Both Mr. Schluter and I are willing to be present when the matter is before the Commissioners, and we will of course meet with you to discuss the matter further if you desire. LMM/dv cc: Don DeFord Kent Schluter Yours very truly, 41 VtpA). • Ikscov AUG 2 0 2001 GRAND VALLEY FIRE PROTECTION DISTRICT 1777 E. BATTLEMENT PARKWAY PO BOX 295 PARACHUTE, CO 81635 (970) 285-9119, FAX (970) 285-9748 August 10, 2001 Kit Lyon Garfield County Building & Planning Dept. 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Subject: Fire Protection Plan for Dangling Rope Contractors, Inc Exemption Kit, I have met with Mrs. Schluter, August 10, 2001 and she showed me where the primary access road into the area to be sub -divided would be located. The road is just off County Road 320 and travels up a long incline to the proposed area of future construction. It appears that the incline and width will be within the allowable limits of NFPA 299. It will still need some pullout areas and the graveling finished and packed in order to meet the all-weather surface requirement. They are also completing the secondary access into the site, which was the road that is to the south of their property now. It would be a much better road to access the property, but your office had a concern with its use in a previous review. It is unknown if an easement couldn't be written to allow its use in the event of an emergency. As to the fire water supply for future home site construction, it appears that the distance from the original proposed year-round sprinkler connection is too far away. I suggested rather than extending the line, use the following as minimum requirements for the future owner/builder. These options are the same as those that we have been using in all other reviews. The options available to you include either a local water supply for each residence or a central pressurized water supply for all residence as well as fire protection sprinklers. Because of the size of your project, it would appear that the localized water supply systems (NFPA 1231) and fire protection sprinkles might be better suited to provide such protection. The use of sprinklers in new construction is always encouraged, and has proved to be both cost effective and to have made the critical difference in the "saving of a structure". The key element of a 13D system is to provide enough suppressant to get the occupants out of the residence. The system is designed to provide a 10 -minute water supply. In a normal urban setting, with prompt notification to the fire department, a response and extinguishment can be started during this 10 - minute time frame. However, with a small volunteer fire department, which does not staff fire station crews, response times can be much longer. Hence, it is hoped the sprinklers provided enough time for the occupants to leave, but the fire has most likely continued to burn, and after the 10 -minute period of water delivery, the fire may again start actively burning. Fire sprinklers • • are not required in structures less than 3500 square feet, however we encourage homeowners to consider their value and the benefits that they may provide in the event of an actual fire. The recommendations of NFPA 1231 are to have a water supply located within 150 feet of a residence, a 4 1/2" hydrant connection capable of providing 500 gpm and a capacity to be determined by the square footage of the residence. After consulting other fire agencies within Garfield County, a minimum size of 2500 gallon tank per lot is a reasonable requirement for residence under 3500 square feet. Sprinkler systems would be optional for residence up to 3500 square feet. Residences over 3500 square feet will need to have both the calculated size storage tank and a sprinkler system to provide initial knockdown capabilities. As far as access / egress requirements & defensible space, the Colorado State Forest Service has recommended using the NFPA 299 standard, Protection of Life and Property from Wildfire. The Grand Valley Fire Protection District, as well as the other fire districts within Garfield County, has adopted this as the standard within its boundaries. Other issues to be included and noted in the proposal are as follows: ➢ If a sprinkler system is installed, the requirements for NFPA 13D will be adhered to. A minimum flow of 26 gpm with duration of ten minutes or 260 gallons (see Section 2-1) is required. The storage tank used for fire protection will be separate from that used for domestic use. If a homeowner wishes to combine the water supply for both the sprinkler system and domestic use, the requirements of the code shall be met. Annual inspection / maintenance and reporting requirements of a sprinkler system are the responsibility of the homeowner. For structures over 3500 square feet, an approved fire protection sprinkler system will be required. The sprinkler system is to be supplied from the firewater cistern (for those structures 3500 square feet or greater). ➢ An agreement to use the water stored in a fire water cistern, in the event of an emergency, is not limited to the specific residence where it is located and that its use/need is at the discretion of the fire department. ➢ The water supply (fire water cistern) is for fire protection only, not to be used for domestic use. If the above conditions are met and/or made apart of a plat note to be a requirement of the new owner prior to the issuance of a building application, the Grand Valley Fire Protection District has no further concerns regarding this project. If I can be of any assistance, I can be reached at (970) 285-9119, or cell (970) 285-9851. David A. Blair District Fire Chief, GVFPD Xc: Ken & Carol Schluter File • Syracuse Drilling & Pump Co., Inc. P.O. Box 2346 Glenwood Springs, CO. 81602 (970) 625-1522 -. (970) 625-1530 fax BILL TO Kent & Carol Schulter 6434 Co Rd 309 Parachute, CO. 81635 PERMIT NO. tCEIVE AUG 2 0 2001 Invoice D E 8/16 2001 INVOICE it 21092 TERMS JOB Upon receipt Pump test RATE AMOUNT QUANTITY 1 DESCRIPTION 4 hour well test performed See attached for results Pumped at 8:30 a.m. to 9:00 a.m. @ 15 gallons per minute. Pumped at 9:00 a.m. to 12:30 p.m. c 7 gallons per minute. Well Depth 151 ft. Static level @ 139ft. At 15 gallons per minute not sufficient water to maintain pump. At 7 gallons per minute well maintains Static level. Sales tax 570 570.00 0.00 We appreciate your business. A 2% monthly finance charge will begin 15 days Tota I from invoice date. $570.00 Oct 25 00 09:35a October 25, 2000 GVFPD 9702859748 GRAND VALLEY FIRE PROTECTION DISTRICT 1777 E. BATTLEMENT PARKWAY PO BOX 295 PARACHUTE, CO 81635 (970) 285-9119, FAX (970) 285-9748 Kit Lyon Garfield County Building & Planning Dept. 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Subject: Fire Protection Plan for Dangling Rope Contractors, Inc Exemption Kit, I have met with Mr. Schluter, October 09, 2000 and he showed me where the primary access road in to the area to be sub -divided would be located. The road as described will start using his current driveway, off DJ road and County Road 309, will turn east, just south of his personal residence, and then circle northward into the area to be sub -divided. I have given him a copy of the NFPA 299 standards and he has assured that he can build the road to meet the requirements. As far as the firewater pond/dry hydrant, we have both agreed the location is not suited for easy access, especially during period of inclement weather. As an agreeable option, Mr. Schluter will be installing a 3" riser for a designated fire connection on the 4" irrigation system which currently traverses the property and which he has the number one (1) right. The system flows year round and requires that the main be turned on to the line in the event of an emergency. This riser will also serve as a water supply in the event of an emergency at his own residence. I hope this helps clarify Mr. Schluter's intentions as to site development as explained to me. Please keep the Fire District up -dated as this project moves forward. HI can be of any assistance, I can be reached at (970) 285-9119, or cell (970) 285-9851. Ag David A. Blair District Fire Chief, GVFPD Xc: file p. 2 Oct 25 00 09:35a G� D DAVID A BLAIR, DISTRICT FIRE CHIEF 1777 BATTLEMENT PKWY. P.O. BOX 295 PARACHUTE, CO 81635 970 285-9119 970 2858748 -FAX Fax To: 9759748 p. 1 GRAND VALLEY FIRE PROTECTION DISTRICT From: Fax: -7o)3 S 7 S-)C)V Pages: Phone: Date: Re: CC: 0 Urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle • Comments: • ELAINE M. JONNSON EIVECI AUG 1 6 MI P.O. BOX 1945 GRAND JUNCTION, CO 81502 Phone 970-858-9876 August 15, 2001 Grand Valley Protection District 1777 E. Battlement Parkway Parachute, Co 81635 Dear David Blair RECEIVED AUG 1 7 2001 October 25, 2000 you wrote a letter to the Garfield County Building & Planning Dept. ( Copy enclosed) in this letter you stated that the water system flows year around. This water is irrigation water. seasonal water. April first thru October first. To verify this you may contact Mr. Harry Hasty 6565 - CR 309 Parachute, CO phone # 625-0345 also Mr. Blane Colton 6565-B CR 309 Parachute, CO Phone # 685-5740 These two men share in the same irrigation pipe line, also they know the conditions and history of this water line and the months that water is available, and not available.. Sincerely, Elaine M. Johnson cc: copy to Harry Hasty Blane Colton Kit Lyon • . uu ua:dba uvrru October 25, 2000 a iu�eaa i,a GRAND VALLEY FIRE PROTECTION DISTRICT 1777 E. BATTLEMENT PARKWAY PO BOX 295 PARACHUTE, CO 81635 (970) 285-9119, FAX (970) 285-9748 Kit Lyon Garfield County Building & Planning Dept. 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Subject: Fire Protection Plan for Dangling Rope Contractors. Inc Exemption Kit, I have met with Mr. Schluter, October 09, 2000 and he showed me where the primary access road in to the area to be sub -divided would be located. The road as described will start using his current driveway, off DJ road and County Road 309, will turn east, just south of his personal residence, and then circle northward into the area to be sub -divided. I have given him a copy of the NFPA 299 standards and he has assured that he can build the road to meet the requirements. As far as the firewater pond/dry hydrant, we have both agreed the location is not suited for easy access, especially during period of inclement weather. As an agreeable option, Mr. Schluter will be installing a 3" riser for a designated fire connection on the 4" irrigation system which currently traverses the property and which he has the number one (1) right. The system flows year round and requires that the main be turned on to the line in the event of an emergency. This riser will also serve as a water supply in the event of an emergency at his own residence. I hope this helps clarify Mr. Schluter's intentions as to site development as explained to me. Please keep the Fire District up -dated as this project moves forward. If I can be of any assistance, 1 can be reached at (970) 285-9119, or cell (970) 285-9851. David A. Blair District Fire Chief, GVFPD Xc: file P. e • CALOIA & HOUPT, P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 (970) 945-6067 - VOICE (970) 945-6292 - FACSIMILE Please direct correspondence to this address SHERRY A. CALOIA JEFFERSON V. HOUPT BARBARA P. KOZELKA MARK E. HAMILTON September 13, 2000 Via Hand Delivery Mark Bean Kit Lyon Garfield County Building & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 ItECEIVED SEP 1 3 2000 PARK AVENUE PROFESSIONAL BLDG. 121 NORTH PARK AVE., SUITE B MONTROSE, COLORADO 81402 (970) 252-0180 VOICE/FACSIMILE Sender's email: mham©sopris.net Re: Dangling Rope Contractors, Inc./Schluter Subdivision Exemption Application Dear Mark and Kit: This office represents Wayne Wells, who resides at 6691 County Road 309, Parachute, CO 81635. Mr. Wells has asked us to communicate to Garfield County certain concerns he has about the pending subdivision exemption application for Dangling Rope/Schluter (this application is for the split of a forty acre parcel in Sections 30 and 31, T. 7 S., R. 94 W. of the 6`t' P.M. into two parcels, one 8 acres in size and one 32 acres in size). Mr. Wells' property consists of 230 acres immediately south and east of the forty acre parcel at issue. Mr. Wells opposes the pending exemption application for the following reasons: 1. Exemption standards. Mr. Wells believes that the split of the subject parcel would be contrary to the intent of the exemption regulations. The exemption regulations are intended to apply to one-time splits of small lots in existence prior to January 1, 1973. The subject property has previously been split into three lots, and Mr. Wells feels that the applicant should be required to meet all standards required for subdivisions. 2. Inadequate access. The home currently on the forty -acre parcel is accessed via a driveway which traverses Mr. Wells' property. Although this driveway has been used for a number of years, there is no deeded access route across Mr. Wells' property. Nor is there any legal basis for a claim that the road may be used to access more than the number of residences historically on the property. Although access to the new lot could be legally established without WELLS-Bean-ltr-1 • • CALOIA & HOUPT, P.C. Mark Bean Kit Lyon September 13, 2000 Page 2 crossing Mr. Wells' property, there is no information about this prospect contained in the application. The staff comments indicate that an easement must be negotiated with Mr. Wells (see paragraph IV.A), and that the exemption plat may not be finalized until this easement issue is resolved. Mr. Wells respectfully requests that the pending application be denied unless and until the applicant demonstrates adequate legal access. 3. Inadequate domestic water supply. The application indicates that a shared well will provide a domestic water supply to the two lots. Mr. Wells personally knows that the subject well has had inconsistent production in recent years, which is not uncommon in this area. The County should closely scrutinize the pump test and any expert opinions submitted in support of applicants' claim that there is an adequate physical water supply for the exemption parcel. If the claim of an adequate water supply is not substantiated in the manner set forth in paragraph VI.8 of the Staff Comments, the application should be denied. Thank you for your consideration of Mr. Wells' concerns. Please contact me at your convenience should you have any questions. Very truly yours, CAL IA & _,I UPT, P.C. M rk E. '. milton MEH:nil Enclosure cc: Wayne Wells Kent and Carol Schluter WELLS-Bean-itr-1 '35"L, N. I• irig ped co co If '09'3e I' 22 445 ' • T SBg32E 1265.09' tvA,p 411,L) O t c- `-(,ego SO4-32 '21-E 61.94' Found BLS! Alum. Cap Set 5/8 dict, rebar tvi.th 'r dia. alum, cap stamped E 1/16 S80 1997 LS 9009 S31 co Cp Single family reefiderlo w/ de tao}}ed , fg is y • 1/4 Sets 2.. dta. rebar with N 1 alum„ cap stamped S31/S32 1997 LS g 09"' 31 29 32 • N89'42'35- Jr Approx. a/tgnment o irrigation ditch, Parshall flume. Sep 11 UU 11:02a GID 9759748 p.2 GRAND VALLEY FIRE PROTECTION DISTRICT 1777 E. BATTLEMENT PARKWAY PO BOX 295 PARACHUTE, CO 81635 (970) 285-9119, FAX (970) 285-9748 September 11, 2000 Kit Lyon Garfield County Building & Planning Dept. 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RECEIVED SEP 1 1 2000 Subject: Fire Protection Plan for Dangling Rope Contractors, Inc Exemption Kit, ..in• • •a i7all7 [•..3N 'A • Il7lK•_I S' :9 ••• • •• i4\ A r• ,--F ea -be -reached at (970) 285- 285--985-1 whether the access/egress issues have been addressed, i.e. has the utility & road easement been worked out. Specifications for the road easement should be as stated in the NFPA 299, Wildfire Protection Standards. I see no other concerns as it pertains to the Grand Valley Fire Protection District. We are pleased to see that the landowner will be putting in a dry hydrant on the property and will assist with providing vendor and/or contractor list for its' installation, if requested. Please keep the Fire District up -dated as this project moves forward. David A. Blair District -Fin Chief, GVFPD Sep 11 00 11:02a GoD DAVID A. etwR DISTRICT FIRE CHIEF 1777 BATTfEMFNT PKWY. P.O. BOX 295 PARACHUTE, CO 81635 970 285-9119 970 285.8748 - FAX Fax To: Fax: From: Pages: 97 59748 p.1 GRAND VALLEY FIRE PROTECTION DISTRICT Phone: Re: Date: `) - /1 - no CC: 0 Urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle • Comments: JUL-27-2000 THU 01:50 PM RFIELD SCHOOL DIST RE2 FAX NO. 9706257623 P. 01 GARFIELD COUNTY Building & Planning Department Review Agency Form • Date Sent: 7/24/00 Comments Due: 8/23/00 Name of application: Dangling Rope Contractors, Inc. Exemption Sent to: RE -2 School District Garfield County requests your comment in review of this project. Please notify the staff contact in the event you are unable to respond by the date listed above. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed or faxed to: Garfield County Building & Planning Staff contact: Kit Lyon 109 8th Street, Suite 301 Glenwood Springs, CO 8I601 Fax: 970-384-5004 Phone: 970-945-8212 E-mail: "garcopin@rofnet" General comments: This review agency recommends (circle of }: Approval Denial The following are suggested conditions ofiroval, or are the reasons for denial: Name o review agenc By: Date: Rrvicrri 1/1(11(101 • THOMAS P. DALESSANDRI Sheriff of Garfield County Date: August 3, 2000 To: Garfield County Building and Planning i From: James H. Sears, Undersheriff Re: Dangling Rope Contractors, Inc. Exemption. • GARFIELD COUNTY SHERIFF'S DEPT. P.O. Box 249 • Glenwood Springs, CO 81602 (970) 945-0453 Fax (970) 945-7651 RECEIVED AUG 0 4 2008 The Sheriffs Department has reviewed the attached exemption request and is unable to make any comments at this time. The request does not provide enough information as to what they propose to do or how they propose to do it. c5 -n e h1 coo @J a. o ry , Le. .2. pta_,c.,vi t �t-- Lei (p-t.op bk-eet cwt --9 4 8 q, L t , tp 8 ‘t -JC) 61fIrY\ aci cev,c,eltrnA a -tet— �-- ' • • GRAND VALLEY RECEIVED JUL 2 4 2008 FIRE PROTECTION DISTRICT 1777 E. BATTLEMENT PARKWAY PO BOX 295 PARACHUTE, CO 81635 (970) 285-9119, FAX (970) 285-9748 Kit Lyon Garfield County Building & Planning Dept. 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Subject: Fire Protection Plan for Dangling Rope Contractors, Inc Exemption Kit, I have reviewed the initial fire protection plan letter (attached) submitted by Carol Schluter. I spoke with this party earlier this month regarding usual request for fire protection requirements. She stated at that time that there was a pond on the property and that a dry hydrant would be a good idea for year-round fire protection. I also stated that at a later date, we would receive the rest of the subdivision proposal and I would comment on it again at that time. I am still unsure as to the number of parcels and access/egress issues. Please keep the Fire District up -dated as this project moves forward. If I can be of any assistance, I can be reached at (970) 285-9119. C2A David A. Blair District Fire Chief, GVFPD • • Fire Protection Plan for Dangling Rope Contractors, Inc. Exemption There is an existing pond on the property, fed by run-off and our irrigation rights. We plan to seal the pond with Bentonite. Prior to sealing, we will install a dry hydrant, with pipe of 4" minimum diameter. With proper sealing, and installation of hydrant, this pond should be available on a year-round basis. -7 I t Recorded at doll ''�' " o'clock../IM Rece•tion No 2618.x.. �Y r LL J nfiO .,. liib Recorder. day of February in the year of THIS INDENTURE, Made this c p our Lord One Thousand Nine Hundred and..S.e0enty Tour ,. between Eugene..•V.A. Erickson and Marilyn..•A. Erickson whose street address Is • A City or Town or New Castle e County of Garfield and State of Colorado, part...ie.$... of the first part, and the Public Trustee of the County or...Gtarfie.ld . in the State of Colorado, party of the second part, WITNESSETH: THAT WHEREAS, the part ie.a of the first part hate executed t•.•h•e.i= promissory note principal sum of bearing even date herewith, for the Dollars S.ix.. Thou.sand....and...no.�f 1.00--_-r_r payable to the order of Char.les...Morgan...Smi.tb in. ...36....equal, consecutive.., monthly ins.tallstantm...,s.f... $188...02...each,....f ir.s.t...payment due...March ,....19.74., , with Interest thereon from date until maturity at the rate of •-8"'-- per cent per annum, interest zentX, inc.Jude.d....in...e.ach....paytnent._ AND WHEREAS, The said part....ie.... of the first part are desirous of securing said dcpy promgranissory bn note sell, and NOW THEREFORE, the said part lea. of the first part for the purpose aforesaid, do convey unto said Public Trustee the following described property, situate In the County of Garfield and State of Colorado, to -wit: A parcel of land located in Lot Ten (10) of Section 30, Township 6 South, Range 94 Wast of the 6th P.M., more particularly described as follows: Commencing at the SEy Corner of said Section 30; thence N. 06°35'10" W. along a fence 52.14 feet to the TRUE POINT OF BEGINNING: thence N. 89°33' W. 1314.06 feet to the west line of said Lot 10; thence North.along said West line 1268.20 feet to the NW Corner of 10 Lot said Lot 10; thence S. 89°33' E. along the north line of 1133.23 feet to a point on the south "high bank of the Coloradodb and north side of a county road;" thence S. 60°39' E. along cciaak 41.74 feet to the projection of a N -S fence; thence S.1 04°33'30"fEanule point along said projection and then along said fence �459. along et to tonce 143.90 in said fence; thence S. 13 Ott 10 E. continuing06°35 said0" Eoncecont143.9 feet to an angle point in said fence; thence S. ing ,along said fence 655.75 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD, The same together with all and singular the privileges and appurtenances thereunto belonging In trust nevertherless, that In case of default In the payment of said note or any of them or any part thereof or Interest thereoin n, then upon the beneficiary hereunder filing notice and demand, it front bre awwfful for said Public Trustee to or f sell said prrt operty se In the manner provided by law for cashot public auction at th in the State of Colorado, upon advertising notice the County of Garfield of sale weekly, for not less than four weeks, In some newspaper of general circulation, and after the expiration of the time of redemption, to make and deliver to the purchaser or purchasers or his, her or their assigns, a deed or deeds of conveyance to the property sold, and out of the proceeds of such sale, after first paying and retaining all fees, charges and costs, and all money advanced for taxes, Insurance and assessments, or on any prior encumbrance, with Interest thereon, to pay the principal and Interest due on said note rendering the overplus (If any) unto the said part ..ies of the first part, . t h eir legal repro• sentatives or assigns and the sald beneficiary may purchase said property or any tpart ithereof; heirs, executors and administrarors, tthern.5ei. vets t h executors are wet And the sold p�rt.ie.$t the first part, tor _ covenant and agree that at the time of the ensealing and delivery of these presents, seized of the above described premises in fee simple, and that said property Is free and clear of all liens and encumbrances whatsoever, except 1974 property taxes and assessments, easements and rights of way of record, and a reservation of nin andundivided nnderone-half propertyinterest in and to all minerals oil, gas and other lying and that . t ..h..ey. .. will keep all buildings insured for the insurable value thereof, with loss payable to said been , and if aneficiarficiar y, and will pay all taxes or assessments against said property, and any amounts due or becoming due on any prior enc release he desired, the expense thereof, and in case of foreclosure, a reasonable attorney's fee; And it Is stipulated and agreed that in case of default in payment of principal or Interest as aforesaid or a broption each of ansaid y of the and covenants or due agreements payable at once. nythn said lingli•nlsaid nm oteetythe contdrary notwterest ithstanding thstandingrcndmay at possessioneof said property will thereupon be delivered to said beneficiary. Ve unto set their.... hand 5 and IN WITNESS WHEREOF,,,The said part les of the first part ha he�c `J/ seal...8 the day and year first above written. i�� G< f .-{ /r.4.4i'71-.,/ (SEAL) WITNESS: Engefie V. Erickson (SEAL) ` • ® T ,"; STATE OF COLORADO, Marilyn B. Erckson County of Garfield - � /_l The foregoing instrument was acknowledged before me this Erickson and V 1' ,�: . of February , 19 74 u,. Eugene ... �.. r_, Marilyn g, Erickson 0.. p t. R' WITNESS my hand and official seal. . My commission expires.."1-,-'‘I!� ,` , / •1 'J ^- /. (ix i:i'(J'i.4 6 FACE 9C ii 1,,„,da3i,gf,, February /5 �.t �112y.Coniznission expires 7 „..-,,,,iiA yyi iiess -my hand and official seal. :;' Or TraN,ioty ediflototedpment.—If by natural person or persons here Insert name or names; if by person acting In representative or 'f�cr, Oficial capacity or all attorney -In -fact then Insert name of person as executor attorney -In -fact or other capacity or defscrip- if tion ; if by officer of corporation then insert name of such officer or officers as the president or other officers of such Cor- poration naming it. ` 7 Recorded at O o'clock......... Reception No 261878 CHARLES MORGAN SMITH 11974 • Recorder. whose address is Brighton:: County of : Adams .. , State of Colorado , for the consideration of Ten Dollars and other good and valuable considerations dollars, in, hand paid, hereby sell (s) and convey (s). to EUGENE V. ERICKSON and., MARILYN B. ERICKSON as joint tenants with right of survivorship whose address is Garfield , and State of Colorado New Castle County of Garfield STATE COCUMENTARY FEE FEE 2 1 1974 County of the following realro er p p ty in the , and State of Colorado, to wit : A parcel of land located in Lot Ten (10) of Section 300 Township 6 South, Range 94 West of the 6th P.M., core particularly described as follows: Commencing at the SEk Corner of said Section 30; thence N. 06°35'10" W. along a fence 52.14 feet to the TRUE POINT OF BEGINNING: thence N. 89°33' W. 1314.06 feet to the west line of said Lot 10; thence North along said West line 1268.20 feet to the NW Corner of said Lot 10; thence S. 89°33' E. along the north line of said Lot 10 1133.23 feet to a point on the south "high bank of the Colorado River and north side of a county road;" thence S. 60°39' E. along said bank 41.74 feet to the projection of a N -S fence; thence S. 04°33'30" E. along said projection and then along said fence 459.11 feet to an angle point in said fence; thence S. 13°03'10" E. continuing along said fence 143.90 feet to an angle point in said fence; thence S. 06°35'10" E. continuing along said fence 655.75 feet to the POINT OF BEGINNING. with all its appurtenances, and warrant(s) the title to the same, subject to 1974 property taxes and assessments, easements and rights of way of record, and a reservation of an undivided h interest in and to all oil, gas and other minerals lying in and under the property recorded in Book 383 at Page 508 Signed this /—�day of Feb STATE OF COLORADO, County of }53. LES Mi R AN S,K The foregoing instrument was acknowledged before me this , 19 74 , by Charles Morgan Smith. Notary Public 1 JC/ 1Lr:�f!!�N../ O Reception No:.. ,1769x? Cha ^ . ;`; . Y, e F c a rI • r � , �.:. ... Recorder. TIIIS DEED, Made this 25th day of NUJ rc:h in the year of our Lord one thousand nine hundred and sixty-seven between JOE B. GONZALES and GENARA S, GONZ.ALT;S of the County of Garfield and . State of Colorado, of the first part, and CHARLES MORGAN SMITFI ' of the Connty of. RECORDER'S STA MP Adams and State of Colorado, of the s^cnnd part; . WIT TS'ETII, That the said parties of the first part, for and in consideration of the sum of: Ten Dollars and othr'r,gooct and valuable consideration,: >7z3KRZc� to the said part ies of the first part in hand paid by the said party of the second part, 'the • receipt whereof is hereby eon£escied and acknowledged, have granted, bargained, soli and e.on- veyed, and. by these presents do grant, bargain, sell, convey and confirm unto the said part y of the second part, his heirs and assigns forever, all they following described lot or parcel of land, situate, lying and being in the County Of ' Garfield State of Colorado, to -wit All that par•t,of the SW SE4 and the SE;SW4. of Seetion 30 and the NW4Nr: and the tl. NW:1- of Section 31, all in 'Township .6 South, Range 94 West of the 6th P. M.described , Beginning at the Southeast. corner of said SWISE1, thence North a' distance. of 52 rods; thence West a distance of 120 rods; thence South a di.sfa.nce of ,65 1/3 rods; thence East a distance of 120 rods; thence North a distance:0f 13 1/3 rods', to the point; of beginning; Also, Lot 10 of Section 30 and NEINE4, of Section 31, all in Township 6 South, Range 94 West of the 6th P. AI, Together with all water and water rights, ditches and ditch rights appurtenant to or used lipon or in connection with.t} above-described property, including but not limited to, a one -twelfth (1/12) interest in and to the, Jay Bird and Mocking Bird Dite es and all waterrights belonging or t.. appertaining thereto, including those. adjudicated as Priority Nos, 55, .59,, r 62 and 102 according to' the Decrees for Water District No. 45; and also 1- - ta including 2. 9 cubic feet of water per, minute of time from the 'Camp Bird Ditch and all of the ditch and water rights owned by said parties of the first part in and from the Stray 1-Iorse Ditch: Reserving, however, 'to said parties of the first part, an undivided one-half (1/2) interest in and torall oil, has' and other minerals lying in and. under the above-described property. And except that portion of the above de.scribed property conveyed to The Board of County Commissioners of Garfield County, Colorado by deed recorded as Document No' 51570 in Book 86 at Page 360 thereof, of the records of Garfield County, and MO" Wirr No. 5:32. WARRANTY DEED. —Bradford -Robinson Pts. Co., Mfrs. Robinson'. Legal Blanks, 1924-48 Stout 9t., pen er. Colora•lo TOGETHER with all and singnlnr the hereditaments and appurtenances thereunto belonging, or in anywise Appertaining, and the reversion and reversions, remainder and remainders, rents, issues and.: profits thereof; and nil the estate, right, title, interest,' claim and demand whatsoever, of the said pert its of the first part either in law or equity, of, .in and to the above bargained premises, with the hereditaments and appurtenances. TO .HAVE AND TO IIOLD the said premises above bargained and described, witli the appnrte— nances unto Charles Morgan 'Smith,' the said party of the second part, his heirs and assigns forever. And the said Joe 13. Gonzales and Genara S. Gonzales, for them selves, their heirs, executors and administrators, do . covenant, grant, bargain and agree to and with the said party of the second part, his heirs and assigns, that at the: ' time of the ensealing and delivery of these presents they are well seized of the premises above conveyed, as Of good, sure, perfeet, absolute and indefensible estate of inheritrtnee in law, in fee simple, and hn ve good right., full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free aril clear from all former and other grants, bargains, sales. liens, taxes. assessments nud incumbranees of whatever hind or nature sorver, except mineral leases, easements and rights-of-way of record and except also taxes for the year 1967, due in 1968; Book 383 Pace 510 and the above bargained premises in the quiet and peaceable possession, and the said ppartc . , y , of the second part,his heirs and assigns,' against all and every person, or persons lawfully claiming or to claim the whole or any p Part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said part Yes of the first part have r hereunto set their hand s and seal s the day and year ,first above written. Signed, Sealed and Delivered .in . Presence of Jbel. --t;/, 1:1'1 '-' Gonzales [SEAL] [SEAL] Genara S. , Gonzales [SEAL] . . [SEAL] STATUTORY ACKNOWLEDGMENT, SESSION 1927 STATE OF COLORADO, County of.:.Qad&0c ss. T to foregoing instrument was acknowledged before me this /7-4 day of 19,, 7 by **Eli., GONZALES and GENARA ,i4e" S. GONZALES. � �+ r,i {�,�,•u,;gs'py hpird;and official seal, V. �•: fir,.. • ,� . '' z \SOT jeo nmis,sian'expfges J i i,••'• /770 i'GiitLltl1.d►atur�i r°neon or persons perp !Heart name or names s If by Screen actin In �tatttr':ttame of 7q� person as executor, attorneyln tact, or other capacity or description; representative officeor rof corporation, or at attornert 1 eeo� officer. or offieere, as the president or other officers of such corporation, naming it. rporation, then insert i ., '1 / Notary Public. Book 439 Page 252 Recorded at. 8.:10 o'clock Zumstry.2.,..1923 Reception No 25526 Ella Stephens,, Recorder. THIS DEED, Made this 28th , day of December;• 19 7 2 , between'. CHARLES MORGAN SMITH of the • County of Adams and State of Colorado, of the first part, and DAN HELEY and CAROLYN R. HELEY, as joint tenants tenants in common of the County of Gar fie 1 d and State of Colorado, of the second part ; RECORDER'S STAMP JAN ooc J 973 FEE and not as WITNESSETH, That the said part y of the first part, for and in consideration of the sum Ten Dollars and other good and valuable consideration to the said part y of the first part in hand paid by the said part ie s of the second part, th receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveye and by these presents do e s grant, bargain, sell, convey and confirm unto the said part ie s of th as joint tenants, and not as tenants in common, second part, /the $Heirs and assigns forever, all the following described lot or parcel of lan situate, lying and being in the County of Garfield and State of Colorad to -wit : All that part of the SW4SEk and the SE4SW4 of Section 30 and the NW3/4NE4 and the NE4NW4 of Section 31, all in Township 6 South, Ran 94 West of the 6th P.M., described as follows: Beginning at the Southeast corner of said SW4SE4f thence North a distance of 52 ro thence West a distance of 120 rods; thence South a distance of 65 1/3 rods; thence East a distance of 120 rods; thence North a distance of 13 1/3 rods, to the point of beginning. Also, Lot 10 of Section 30 and NE4NE4 of Section 31, all in Towns 6 South, Range 94 West of the 6th P.M., except that part known as parcel 2 of the Luther T. Musgrove survey described as follows: Located in Lot 10 of Section 30, Township 6 South, Range 94 West the 6th P.M., Garfield County, Colorado, and more particularly des cribed as follows: Commencing at the SE corner of said Section 30; thence N. 06°35'1 W. along a fence 52.14 feet to the true point of beginning; thenc N. 89°33' W. 1314.06 feet to the west line of said Lot 10; thence North along said west line 1268.20 feet to the NW corner of said Lot 10; thence S. 89°33' E. along the north line of said Lot 10 1133.23 feet to a point on the south "high bank of the Colorado River" and north side of a county road; thence S. 60°39' E. along said bank 41.74 feet to the projection of a N -S fence: thence S. 04°33'30" E. along said projection and then along said fence 459. feet to an angle point in said fence; thence S. 13°08'10" E. con- tinuing along said fence 143.90 feet to an angle point in said fence; thence S. 06°35'10" E. continuing along said fence 655.75 feet to the point of beginning, and also except that part of Lot 10, Section 30, Tp. 6 S., R. 94 W., of the 6th P.M., known as Parc 3 of the Luther T. Musgrove survey described as follows: PARCEL 3 - Located in Lot 10 of Section 30, Tp. 6 S., R. 94 W. of the 6th P.M., Garfield County, Colorado, and more particularly des cribed as follows: Beginning at the SE corner of said Lot 10 and Section 30; thence N. 06°35'10" W. along a fence 707.89 feet to an angle point in sa. fence; thence N. 13°08'10" W. continuing along said fence 143.90 feet to an angle point in said fence; thence N. 04°33'30" W. con- tinuing along said fence and then along a•projection of said fence 459.11 feet to a point on the south "high" bank of the Colorado River and north side of a county road; thence S. 60°39' E. along said bank 172.52 feet to the east line of said Sec. 30• thence No. 832. WARRANTY DEED.—Bradford Publishing Company, 1821-46 Stout Street, Denver, ('nlortd„ :,.;n Book 439 Page 253 South along said east line 1216.45 feet to the POINT OF BEGINNING and containing 2.211 acres, more or less. Together with all water and water rights appurtenant to and used upon this property including, but not limited to, 1/12 interest each in the Jay Bird and Mocking Bird Ditches, 2.9 cubic feet per minute of time from the Camp Bird Ditch, and all of the first party's interest in the Stray Horse Ditch. Reserving, however, to the party of the first part, an easement over and across the above described property for the purposes of ingress and egress from the County Road to the parcel containing approximately 38 acres retained by the party of the first part herein. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof ; and all the estate, right, title, interest, claim and demand whatsoever, of the said part y of the first part either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurte- nances unto the said part ie s of the second part, the irheirs and assigns forever. And the said part y of the first part, for him sel f hi Ileirs, executors and administrators, doe s covenant, grant, bargain and agree to and with the said part le s of the second part, the iiheirs and assigns, that at the time of the ensealing and delivery of these presents he i s well seized of the premises above con- veyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and ha S good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, Book 439 Page 254 except 1972 property taxes and assessments, easements, rights of way and restrictive covenants of record, 2 interest in and to eE111 oil, gas and other minerals lying in and under this property previously reserved, oil, gas and mining lease recorded in Book 283 at page 286, oil and gas lease recorded in Book 384 at page '137, and any assignments thereof. and the above bargained premises in the quiet and peaceable possession of the said part ie s of the second part, t he i rheirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said party of the first part ha s hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in Presence of STATE OF COLORADO, County of Adams, The foregoing instrument was acknowledged before me this 28th day of December, 19' `, y�1 Charles Morgan Smith. S `� NOcintirliissioTexpires September 2, 1974 . Witnea,s my hand and official seal. •If by natural person or persons here insert name or names: if by person acting in representative or official capacity or nn attorney- in-fact, then invert name of person as executor, attorney-in-fact, or other capacity or description: if by officer of corporation, then insert name of such officer or officers, as the president or other officers of such corporation, naming it. (' ,c' ; '?', ` [SEAL] harles Moran Smith [SEAL] [SEAL] [SEAL] }SS. 111111111111 111111 111111 1111 ui iiiiuii iii nisi ilii uii 552350 09/17/1999 04 06P 61151 P247 M ALSDORF o'clock M. 1 of 2 R 10.00 0 23.50 GARFIELD COUNTY CO By RECORDER. DEPUTY. WARRANTY DEED THIS DEED, Made on this day of August 26, 1999 between ELAINE M. JOHNSON of the County of MESA DANGLING ROPE CONTRACTORS, INC. and State of Colorado , of the Grantor(s), and whose legal address is ; 2114 44 Road, DeBeque, CO 81630 of the County of Mesa and State of Cnlornrlo WITNESS, That the Grantor(s), for and in consideration of the sum of ( *** Two Hundred Thirty Five Thousand and 00/100 *** the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and real property, together with improvements, if any, situate, lying and being in the GARFIELD and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF , of the Grantee(s): $235,000.00 ) also known as street number 6434 309 ROAD, PARACHUTE, CO 81635 DOLLARS and conveyed, and by these assigns forever, all the County of TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), 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 appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and Lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1999 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OP WAY OF RECORD, IF ANY The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons Lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural. the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. STATE OF Colorado ) /+ ` )ss. County of l L!� ) M. JOHNSON The foregoing instrument was acknowledged before me on this day of August26, 1999 by ELAINE M. JOHNSON My commission expires,„junele6210104 Witness my hand and official seal. ame and Address of Person Creating Newly Created Legal Description ( 38-35-106.5, C.R.S.) Escrow# GW232126 Tit # -G1J232126 ;'• 932 Rev 4-94. WARRANTY DEED (For Photographic Record) When Recorded Return to: DANGLING ROPE CONTRACTORS, INC. Vo ll e .2-14+ 11111111111111111111111111111111IRIIII III III II ILII IIII 552350 09/17/1969 04:06P B1151 P248 M ALSDORF 2 of 2 R 10.00 D 23.50 GARFIELD COUNTY CO EXHIBIT A A TRACT OF LAND, BEING THE NE1/4 OF THE NEI/4 OF SECTION 31 AND A PORTION OF LOT 10 (SE1/4 SEI/4) IN SECTION 30 ALL IN TOWNSHIP 7 SOUTH, RANGE 94 WEST OF THE 6T11 P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID SECTION 31, THENCE S 00 DEGREES 48'12" E 1307.19 FEET TO THE SE CORNER OF SAID NEI/4 OF THE NEI/4; THENCE N 89 DEGREES 42'35" W 1258. 48 FEET TO THE SW CORNER OF SAID NE1/4 OF THE NE1/4; THENCE N 01 DEGREES 09138" W 1310.95 FEET TO THE NW CORNER OF SAID NW1/4 OF THE NE1/4; THENCE N 02 DEGREES 44'35" W 51.03 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 10; THENCE S 89 DEGREES 32'54" E 1265.09 FEET TO THE EASTERLY LINE OF SAID SECTION 30; THENCE S 04 DEGREES 32'21" E 51.94 FEET ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO SUBJECT TO A 20 ['OOT NON—EXCLUSIVE d1TILITY EASEMENT RUNNING ALONG THE WESTERN BORDER OF TUE PROPERTY TOGE11IER WIT11 A 30 FOOT NON—EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS TO. AND FROM THE PROPERTY HEREBY CONVEYED RUNNING ALONG THE EASTERN BORDER OF THE FOLLOWING DESCRIBED PROPERTY: A tract of land, contained within the SW 1/4 of the SE 1/4 and the SE 1/4 of the SW 1/4 of Section 30 and the NW 1/4 of the NE 1/4 and the NE 1/4 of the NW 1/4 of Section 31 in Township 7 South, Range 94 West of the 6th P.M., Beginning at the SE corner of said SW 1/4 of the SE 1/4 of Section 30, whence the SE corner of said Section 30 bears S89°32'54"E 1266.72 feet, thence S01°09'38"E 220.05 feet along the westerly Line of said NW 1/4 of the NE 1/4; thence West 1265.06 feet to the westerly line of said NW 1/4 of the NE 1/4; thence West 719.40 feet; thence North 1078.00 feet; thence East 699.96 feet to the easterly line of said SE 1/4 of the SW 1/4; thence East 1238.93 feet to the easterly line of Haid SE 1/4 of the SW 1/4; thence S02°44'35"E 058.99 feet to the point of beginning, containing 48.60 acres, more or less. 1 IMIONFTTli,Lf 17' ..1,74,ktit- 7 .".4" .4afia6t 11-11,3 /25/1•INI 11:21A 1 OF 2 SEC minim ALSOOMF GANIFIEID OOLWIT QM AND Immo 11.00 L. 111111 DEED, lids ibis 24th Oral ORPTEIMIR El baseasi 110011112v. 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Nie. ionisi. dein amd ammo ulionimw Oa 'simmer_ idiom's, as 10010110111 rid 10 oksiort de Iroodiroors Ild odds imarrow et strobe apperreides, sod rls plassa.daharta lararsquia.d. Im abmbeepersdperabra re Iroolormor owl oppriorma 10 NAVE AM 10 MD ido iporoir aboro dosprod for wad appormorms. are ido idiorod. 111101 iliA11.111 I. Aid kr poor. kr biardl. beimal poirrod reperamarlor. 4 ormesr, grub bomb. rad riper re add verb pedie. bilie sod ardird • de Ike of Ss sdondosal &bay at Ores prima. be mil ads/ a/ obi parrs above orropod. lor good aro. pude. rola• * al---rdb awe idurberee k k ON" awl In psi 11.1. hi polar aid kaki ardor* ie fed. brodk end wog IN One is mews, rod ilak aboadrd. dal Ow Or rem oir due sad km tan ad lama, mil mbar pers. bregiiii. idea bob boa airamaro a•AUMMISHI"Ill..116100 41.11.01111114 ar ilii".01140•PI general taxes and aseassnents for the yeart. 1M and subsequent years, U. 8. 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MOM ale dit symbol" Illliessa or home sod Mira mit (1oogisubes#4 A • gg. • 498857 B-993 P-577 09/28/1996 11:21A PG 2 Of 2 EXHIBIT "A" A PARCEL OF LAND LOCATED IN LOT TIN (10) OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THI 6TH P.M., GARFIELD COUNTY, COLORADO AND MORI PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE 811,4 CORNER OF SAID SECTION 30; THENC1 NORTH 06.35'10" WEST ALM A FENCE 52.14 FEET TO TH1 TRU! POINT OF BEGINNING: THINGS NORTH 89.33' WEST 1314.06 FEET TO TRE WEST LINE OF SAID LOT 10; THINCE NORTH ALONG SAID WEST LINE 1268.20 FEET TO THE NORTHWIST CORNER OF SAID LOT 10, THENCE SOUTH 89.33' EAST ALONG THE NORTH LINE OF SAID LOT 10, 1133.23 FEET TO A POINT OK THE SOUTH HIGH BANK OF THE COLORADO RIVER AND NORTH SIDI OF A COUNTY ROAD; THENCE SOUTH 60.39' VAST ALONG SAID BANK 41.74 FELT TO TEl PROJICTIOIP OF A NORTH -SOUTH FINCI; MINCE SOUTH 04.33'30" EAST ALONG SAID PROJICTIOI( AND THEN ALONG SAID FENCE 459.11 FEET TO AN ANGLE POINT I11 SAID FENCE; THINCI SOUTH 13.08'10" EAST CONTINUING ALONG SAID FINC1 143.90 FEET TO AN ANGLE POINT IN SAID FENCE; THENCI SOUTH 06.35'10" •AST. CONTINUING ALONG SAID FENCE 655.75 FRIT TO THE POINT OF BIGINNING. TOGETHIA WITH: A PERMANENT, NON-EXCLUSIVR EASEMENT BEING TWENTY (20) FEET IN WIDTH, OVER, ALONG AND ADJACENT TO THE NORTHERLY BOUNDARY LINT OF THE FOLLOWING DESCRIBED PROPERTY: ALL THAT PART OF TAE SW1/4811/4 AND THE 811/4 8W1/4 OF SECTION 30 AND THE NW1/4NE1/4 AND TAE NE1/4NW1/4 OF SECTION 31, ALL IN TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6TH P.M., DESCRIBED A8 FOLLOWS: .. BEGINNING AT TSE SOUTHEAST CORNER OF SAID SW1/4811/4, THENCE NORTH A DISTANCE OF 52 RODS; THENCE 1/EST A DISTANCE OF 120 RODS; THENCE SOUTH A DISTANCE OF 65 1/3 RODS; THENCE EAST A DISTANCE OF 120 RODS; THERM NORTH A DISTANCE OF 13 1/2 RODS TO THE POINT OF BEGINNING. FOR THS PURPOSE OF CONSTRUCTING AND USING AN ALL-WEATHER ROADWAY FOR INGRESS AND EGRESS FROM GARFIELD COUNTY ROAD 320 TO AND FOR THE BENEFIT OF TH! ABOVE DESCRIBED PROPERTY. . J. . Reception No....21 ...... • - ChaS,p3 !Keegan,. Recorder. ......• ....... THIS DEED, Made this' i5th day of March in the year of our Lord one thousand nine hundred and sixty-seven between JOE B. GONZALES and GENARA S, GOINZALL6 of the County of State of Colorado, of the first part, and CHARLES MORGAN SIN/IITr! of the County of WITNOSETII, That the said parties Garfield and Adams of the first part, for and in consideration of the sum Ten Dollars and other good and valuable Consideration --- RECORDER'S STAMP and State of Colorado, of the second part; to the said part fes of the first part in hand paid by the said party of the seesmi1 part, receipt whereof is hereby confessed and acknowledged, have veyed, and by these presents do grant, bargain, sell, convey granted, bargained, sold and eon - and confirm unto the said part y of the second part, his heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield State of Colorado, to -wit: All that part of the SWISE1 and the SE.ISW-4- of Section 30 and the NWNE 1 and the NEINW1 of Section 31, all in Township 6 South, Range '94 West of the 6th P. M., described as follows: Beginning at the Southeast corner of said SW.:-SE4, thence North a. distance of 52 rods; thence West a distance of 120 rods; thence South a distance of 65 1/3 rods; thence East a distance of 120 rods; thence North a distance of 13 1/3 rods, to the point of beginning; Also, Lot 10 of Section 30 and NEINE.} of Section 31, all in Township 6 South, Range 94 West of the 6th P. M. Together with all water and water rights, ditches and ditch rights appurtenant to or used upon or in connection with the above-described property, including but not limited to, a one -twelfth (1/12) interest in and to the Jay Bird and Mocking Bird Ditches and all water rights belonging or appertaining thereto, including those adjudicated as Priority Nos, 55, 59, 62 and 102 according to the Decrees for Water District No. 45; and also including 2. 9 cubic feet of water per minute of time from the Camp Bird Ditch and all of the ditch and water rights owned by said parties of the first part in and from the Stray Horse Ditch. Reserving, however, to said parties of the first part, an undivided one-half (1/2) interest in and to all oil., gas and other minerals lying in and under the above-described property. And except that portion of the above-described property conveyed to The Board of County Commissioners of Garfield County, Colorado by deed recorded as Document No. 51570 in Book 86 at Page 360 thereof, of the records of Garfield County. q4.40cre,' 44 , /11)4 1 MEN1:11{I I !,•711/487.14,E41 ,11111111111111111Mommommit • TOGETHER with all and singular the hereditaments and appurtenances thereunto b anywise a - elQnging, �r,.ax� appertaining, and the reversion and reversions, remainder and 'remainders, rents, issue and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of „4 e part ies of the first part either in law or equity, of,th in and to the above bargained premise 'h the hereditaments and appurtenances. TO IIAVE AND TO IIOLD the said premises above bargained and, described, with the appurte- nances unto Charles Morgan Smith, the said party of the second part, his heirs and assigns forever. And the said Joe B. Gonzales and Genara S. Gonzales, parties of the first part, for them sel ves, their heirs, executors and administrators, do covenant, grant, bargain and agree to and with the said party of the second part, his heirs and as' i ns that time of the cnsealin and delivery , presents at the g cr of these resents they are well seized of the"' above conveyed, as of prem, good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and have good right, full power and lawful authority to grant, same in manner and form aforesaid, and that the same are free and clear fromall bargain, sell and convey the grants, bargains, sales liens, taxes, assessments and incumbrances of whatever kind or nature socvcr, former and other except mineral leases, easements and rights-of-way of record and excc t al taxes for the year 1967, due in 1968, p sq and the above bargained premises in the quiet and peaceable possession of the said part y of tbe second part, his heirs assigns, against all and every person or persons lawfully clainung or to claim the whole or any thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said part ies of the firet part have hereunto set their hand S and seal s the day and year first above written. Signed, Sealed and Delivered in Presence of ) Toe Ill Gonzales Xj0 ft 4/-* f [SEAL] Genara S. Gonzales [SEAL] The foregoing instrument was acknowledged before me this „E B. GONZALES and GENARA S. GONZALES. and official seal. ion expires • nre onf urpe on tZ:ultionz:rtarZyc.rnffrtr firifotternecrnagici utforng in c7igieseon7teilivbey oorflairciaolf cacopacirtiftioonr,atheanttoininseeyri es officers. as the president or other officers of such corporation, naming it. w r,. rig �cr1 1111 1 2 Xing b 3 0ok 439 Recorded at €3.1.10 o'clock L.. M., JELawtry 2.,....1923 Page 252Reception No 256 526 Ella Stephens, Recorder. THIS DEED, Made this 19 72 , between of the 28th , day of December, CHARLES MORGAN SMITH County of Adams and State of RECORDER'S STAMP STATE DOCUMENTARY} FEE 3/ Colorado, of the first part, and DAN HELEY and CAROLYN R. HELEY, as joint tenants and not as tenants in common of the County of Garfield and State of Colorado, of the second part; WITNESSETH, That the said part y of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration IMLYARSi to the said part y of the first part in hand paid by the said part les of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do e s grant, bargain, sell, convey and confirm unto the said part i c s of the as joint tenants, and not as tenants in common, second part, /the h irs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit Al.]• that part of the SW4SE4 and the SE4SW4 of Section 30 and the NWS;NE4 and the NE4NW4 of Section 31, all in Township 6 South, Ran_,C 94 West of the 6th P.M., described as follows: Beginning at the Southeast corner of said SW4SE4j thence North a distance of 52 rod ; thence West a distance of 120 rods; thence South a distance of 65 1/3 rods; thence East a distance of 120 rods; thence North a distance of 13 1/3 rods, to the point of beginning. Also, Lot 10 of Section 30 and NENE of Section 31, all in Township 6 South, Range 94 West of the 6th P.M., except that part known as parcel 2 of the Luther T. Musgrove survey described as follows: 1, Township 6 South, Range 94 West of oiorado, and more particularly des - said Section 30; thence N. 06°35'10 the true point of beginning; thence he west line of said Lot 10; thence .20 feet to the NW corner of said rin : the north line of said Lot 10 south "high bank of the Colorado ntv road; thence S. 60°A' E. along ojection of a N -S fence: thence S. tion and then along said fence 459.11' fence; thence S. 13°08'10" E. con- °.% feet to an anile point to said continuing along said fence 655.75 , and also except that part of Lot N., of the 6fh P.M., known as Parcel_ rvey described as follows: 'f Section 30, Tp. 6 S., R. 94 W. of the f)h P.M., Garfield CoumL , Colorado, and more particularly des- cribed as follows: Beginning at the SE corner of said Lot 10 and Section 30; thence N. 06°35'10" W. along a fence 707.89 feet to an angle point in said fence; thence N. 1 3'08'10" W. continuing along said fence 143.90 feet to an angle point in said fence; thence N. 04°33'30" W. con- tinuing along, said fence and then along a projection of said fence 439.1.1 feet to a point on the south "high" bank of the Colorado River and north side of a county road; thence S. 60°39' E. along said hank 172.52 Feet to the east line of said Sec. 30; thence NLYJ No. Rat. wARRA.TY DEED.-• 1irr+.lford Puldirhine Company, 1491-46 Stout ;itr.ei. D.'nv r, BOc)k, 439 l.re 2 53 South along said east line 1216.45 feet to the POINT OF BEGINNING; and containing 2.211 acres, more or less. Together with all water and water rights appurtenant to and used upon this property including, but not limited to, 1/12 interest each in the Jay Bird and Mocking Bird Ditches, 2.9 cubic feet per minute of time from the Camp Bird Ditch, and all of the first party's interest in the Stray Horse Ditch. Reserving, however, to the party of the first part, an easement over and across the above described property for the purposes of ingress and egress from the County Road to the parcel containing approximately 38 acres retained by the party of the first part herein. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof ; and all the estate, right, title, interest, claim and demand whatsoever, of the said Dart y of the first part either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. '1'O) HAVE AND TO HOLD the said premises above bargained and described, with the appurte- nances unto the said part Le s of the second part, L he i_ rheirs and assigns forever. And the said part y of the first part, for I-ri nt sel 17 id heirs, executors and administrators, doc s covenant, grant, bargain and agree to and with the said part i s of the second part, the 1 theirs and assigns, that at the time of the ensealing and delivery of these presents he is well seized of the premises above con- veyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and ha trood right, full power and lawful authority to grant, bargain, sell and convey the same' in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, Book 4E39 Pa,:e 254 except 1972 property taxes and assessments, easements, rights of way and restrictive covenants of record, 2 interest in and to all oil, gas and other minerals lying in and under this property previously reserved, oil, gas and mining lease recorded in Book. 283 at page 286, oil and gas lease recorded in Book 384 at page 137, and any assignments thereof. and the above bargained premises in the quiet and peaceable possession of the said part i e 5 of the second part, t h e i Theirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said party of the first part ha s hereunto set h i s hand and seal the day and year first above written. Signed, Sealed and Delivered in Presence of j / [SEAL] Ch.:ir tes Morgan SiaiLh [SEAL] [SEAL] [SEAL] STATE OF COLORADO, ...County of... Adams , The foregoing instrument was acknowledged before me this 28th day of December , 19 72`• .,.bye Charles MorL,aii SmiLh. My commission expires September 2, 1974. Witness my hand and official seal. i; Notary Public. •If by natural person or persons here insert name or names; if by person acting in representative or official capacity or as attorney. in•fne t, then insert name of person as executor, nttorneyin-fact, or other capacity or description; if by officer of corporation, then insert name of such officer or officers, as the president or other officers of such corporation, naming it. Recorded ale.: k.... ., -.. MAR 2,719 4 Reception No 4 e022.�1... THIS DEED, made this in the year of our Lord one thousand nine hundred January 14th day of and.. -.---7 3---- between -DAN HELEY and CAROLYN R. HELEY-- whose address is 5725 East Casper, of the City of Mesa County of Maricopa and A zona State.of i3 of the first part, and. --WILLIAM HELEY and SANDRA ANN HELEY-- whose address is Box 191 of the Town of MMU Grand Valley County of Garfield and State of Colorado, of the second part; WITNESSETH, That the said part ies of the first part, for and in. consideration of the sum of TEN DOLLARS .AND OTHER GOOD AND VALUABLE CONSIDERATION g$, 53 ......Recorder. RECORDER'S STAMP STATE LOCUtniiiTARY FEE 4R 2 71974 to the said part ies of the first part in hand paid by the said part ies of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and.by these presents do grant, bargain, sell, convey and confirm unto the said part ies of the not in tenancy in common but in point tenan second part, their heirs and assigns forever,/all the following described lot or parcel of land, situate, lying and being in the County of Garfield State of Colorado, to -wit: All that part of the SW 4SE a and the SE aSW' of Section 30 and the NANEk and the NE4NW4 of Section 31, all in Township 6 South, Range 94 West of the 6th P.M., described as follows: Beginning at the Southeast corner of said SWaSEa, thence North a distance of 52 rods; thence West a distance of 120 rods; thence South a distance of 65 1/3 rods; thence East a distance of 120 rods; thence North a distance of 13 1/3 rods, to the point of beginning. and.. Also, Lot 10 of Section 30 and NEkNE4 of Section 31, all in Township 6 South, Range 94 West of the 6th P.M., except that part known as Parcel 2 of the Luther T. Musgrove survey described as follows: Located in Lot 10 of Section 30, Township 6 South, Range 94 West of the 6th P.M., Garfield County, Colorado, and more particularly des- cribed as follows: Commencing at the SE corner of said Section 30; thence N. 06°35'10" W. along a fence 52.14 feet to the true point of beginning; thence N. 89°33' W. 1314.06 feet to the west line of said Lot 10; thence North along said west line 1268.20 feet to the NW corner of said Lot 10; thence S. 89°33' E. along the north line of said Lot 10 1133.23 feet to a point on the south "high bank of the Colorado River" and north side of a county road; thence S. 60°39' E. along said bank 41.74 feet to the projection of a N -S fence; thence S. 04°33'30" E. along said projection and then along said fence 459.11 feet to an angle point in said fence; thence S. 13°08'10" E. con- tinuing along said fence 143.90 feet to an angle point in said fence; thence S. 06°35'10" E. continuing along said fence 655.75 feet to the point of beginning, and also except that part of Lot 10, Section 30, Tp. 6 S., R. 94 W., of the 6th P.M., known as Parcel 3 of the Luther T. Musgrove survey described as follows: PARCEL 3 - Located in Lot 10 of Section 30, Tp. 6 S., R. 94 W. of the 6th P.M., Garfield County, Colorado, and more particularly des- cribed as follows: Beginning at the SE corner of said Lot 10 and Section 30; thence , N. 06°35'10" W. along a fence 707.89 feet to an angle point in said fence; thence N. 13"08'10" W. continuing along said fence 143.90 f-- to an an le oint in said fence- thence N. s4°33'30" W. con- : :; 4 5►;: P` ! 54' tinuing along said fence and then along a projection of said fence 459.11 feet to a point on the. south "high" bank of the Colorado River and north side of a county road; thence S. 60°39' E. along said bank 172.52 feet to the east line of said Sec. 30; thence South along said east line 1216.45 feet to the POINT OF BEGINNING and containing 2.211' acres, more or less. Together with all water and water rights appurtenant to and used upon this property including, but not limited to, 1/12 interest each in the Jay Bird and Mocking Bird Ditches, 2.9 cubic feet per minute of time from the Camp Bird Ditch, and all of the first party' interest in the Stray Horse Ditch. Subject to an easement over and for the purposes of ingress and parcel containing approximately Smith in.Warranty Deed recorded across the above-described property egress from the County Road to the 38 acres retained by Charles Morgan in Book 439 at Page 252. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said part of the first part either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurte- nances unto the said part ies of the second part, their heirs and assigns forever. And the said part ies of the first part, for them selves, theimeirs, executors and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever. and the above bargained premises in the quiet and peaceable possession of the said part ies of the second part, their heirs and assigns, against all and every person or persons lawfully claim'ng or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS W IEREOF, The said parties of the first part have hereunto set their hand s and seals the day and year first above written. Signed, Sealed and Delivered in Presence of �/ .[SEAL] !Carolyn Heley [SEAL] STATUTORY ACKNOWLEDGMENT. SESSION 1927 The foregoing instrument was acknowledged before me this ? ' day of February 1974 ,by Dan Heley and Carolyn R. Heley. Witness my hand and official seal. My commission expires • If by natural person or persons here insert name or names; if by person acting in representative or official capacity or as attorney- in-fact, then insert name of person as executor, attorney-in-fact, or other capacity or description; if by officer o1 corporation, then insert name of such officer or officers. as the president or other officers of such corporation. naming it. 47 a: 1 _41,tf' , 49 7 'AL,E 405 THIS DEED. )tadeth,- 10th divot June P,i, ,t,etuo.ii WILLIAM HELEY and SANDRA ANN HELEY, husband and wife, whose address is 2257 Fawn Ridge Court, Grand Junction, Colorado 81501 iTAII Ou:uMIFIAA► HI f the County of Mesa and State of Colorado, of the first part, and WILLIAM V. HOLDERBAUM and BONNIE HOLDERBAUM, husband and wife, whose address is 525 Aspen Avenue, Rifle, Colorado 81650 of the County of Garfield and State of Colorado, of the second part: W ITNEESETH, that the said parties of the first part. for and in consideration of the ;um of TEN AND NO/100 DOLLARS, to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, aargained, sold and conveyed, and by these presents do grant, bargain, Jell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy. all the following described lot 8 or parcel 8 of land, situate, lying and being in the County of Garfield and State of Colorado. to wit: All that part of the SWIcSE' and the SE'SA of Section 30 and the NWt NEt and the NElt.NWtt of Section 31, all in Township 6 South, Range 94 West of the 6th P.M., described as follows: beginning at the Southeast corner of said SASElt; thence North a distance of 858 feet; thence West a distance of 1980 feet; thence South a distance of 1078 feet; thence East a distance of 1980 feet; thence North a distance of 210 feet, to the point of beginning. Also, Lot 10 of Section 30 and The NEVek of Section 31, all in Township 6 South, Range 94 West of the 6th P.M., EXCEPTING THEREFROM the following: Commencing at the SE corner of said Section 30; thence N.06°35'10" W. along a fence 52.14 feet to the true point of beginning; thence N. 89°33'W. 1314.06 feet to the West line of said Lot 10; - thence North along said west line 1268.20 feet to tha NW corner of said lot 10; thence S.89°33' E. along the north line of said Lot 10, 1133.23 feet to a point on the south "high bank of the Colorado River" and north side of a county road; thence S.60°39' E. along said bank 41.74 feet to the projection of a N -S fence; thence S.04°33'30" E. along said projection and then along said fence 459.11 feet to an angle point in said fence; thence S. 13°08'10" E. continuing along said fence 143.90 feet to an angle point in said fence; thence S. 06'35'10" E. continuing along said fence 655.75 feet to the point of beginning. ALSO EXCEPTING the following: Beginning at the SE corner of said Lot 10 and•Section 30; thence N.06°35'10" W. along a fence 707.89 feet to an angle point in said fence; thence N.13°08'10" W. continuing along said fence 143.90 feet to an aegis point in said fence; thence N. 04°33'30" W. continuing along said fence and then nlong a projection of said fence 459.11 feet to a point on the South "high bank of the Colorado River"and north side of a county road; thence S.60°39' E. along said bank 172.52 feet to the east line of said Section 30; thence South along said east line 1216:45 feet to the point of beginning. ToGrriIER it h all and singular the hereditaments and appurtenances thereunto belonging, : in anywise apper- t:1.nnic• and the r,•yer"on and reversions• remainder and remainders, rents, issues and profits thereof: and all the !,t!.• ,,,,•r • h,ini and d,•nian,t whatsoever of the snot port ies oft he first pert, either in law or emiitc. • • 6uuN497 Fa,_ 406 t t t 111'F..1 V 1) '10 1-101.1) the said premises above bargained and described. with the appurtenances. unto the said „i t he second part. their heirs and assigns forever. And the said part les of the first part, for them ves, thefirrs, executors. and administrators, do covenant, grant, bargain and agree to and with the •:ud part [es of the second part, their heirs and assigns. that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyeu. as of good, sure. perfect, absolute and indefeasible estate inheritance in law. in fee simple. and have good right, full power and lawful authority to grant, bargain. sell and ,mvry the same in manner and form aforesaid. and that the same are free and clear from all former and other grants. bargains. sales, liens, taxes, assessments and incumbrances of whatever kind or nature, soever, 1 and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs .3-r1 and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said;1., part ies of the first part shall and will WARRANT AND FOREVER DEFEND. ^ ' IN WITNESS WHEREOF, the said part nes of the first part ha Ve...;;. hereunto a.t theirP:,handd seal g '. the day and year first. above written. Signtd, Sealed and Delivered in the Presence of ss. Countyor Garfield The foregoing instrument was acknowledged before me this 11177 ,by WILLIAM HELEY and SANDRA ANN HELEY, husband My commission expires ,19 My Commission expires April 29, 1979 STATE OF COLORADO, N F O F STATE OF COLORADO v a a e.► r• Ic, , • •.t_; • THIS I)EEI). Tladethis 26th I977 .,,tween WILLIAM HELEY and SANDRA ANN HELEY, !nishand and wife, whose address is 2257 Fawn Ridge Court, Grand Junction, Colorado 81501 of the County u( Mesa and St ate. et Colorado, of the first part, and WILLIAM V. HOLDERBAUM and BONNIE HOLDERBAUM, husband and wife, whose address is 525 Aspen Avenue, Rifle, Colorado 81650 LeL of the Ceurtyor Garfield and State of Colorado, of the second part: W 1TNESSETH. that the said part of the first part. for and in con.ideration of the sum of ------- TEN AND N0/100-------------- ---- --- -- DOLLARS, to the said parties of the flat part in hand paid by the said parties of the second part, the receipt whereof 16 hereby confessed and acknowledged. ha ve granted. bargained, sold and conveyed, and by these presents do grant, bargain, sell. convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described Ioe or parcel a of land. situate, lying and being in the County of Garfield and State of Colorado. to wit: This is to correct deed dated June 10, 1977 and recorded June 15, 1977, in Book 497 on Page 405 in the Garfield County Courthouse to wit: All that part of the SW4SE4 and the SFASW1/4 of Section 30 and the NW4NE4 and the NE4NWIt of Section 31, all in Township 6 South, Range 94 West of the 6th P.M., described as follows: beginning at the Southeast corner of said SWkSE4; thence North a distance of 858 feet; thence West a distance of 1980 feet; thence South a distance of 1078 feet; thence East a distance of 1980 feet; thence North a distance of 210 feet, to the point of beginning. Also, Lot 10 of Section 30 and the NE1NE1/4 of Section 31, all in Township 6 South, Range 94 West of the 6th P.M., EXCEPTING THEREFROM the following: Commencing at the SE corner of said Section 30; thence N. 06°35'10" W. along a fence 52.14 feet to the true point of beginning; thence N. 89°33' W. 1314.06 feet to the West line of said Lot 10; thence North along said West line 1268.20 feet to the NW corner of said Lot 10; thence S. 89'33' E. along the North line of said Lot 10, 1133.23 feet to a point on the South "high bank of the Colorado River" and North side of a county road; thence S. 60°39' E. along said bank 41.74 feet to the projection of a N -S fence; thence S. 04'33'30" E. along said projection and then along said fence 459.11 feet to an angle point in said fence; thence S. 13'08'10" E. continuing along said fence 143.90 feet to an angle point in said fence; thence S. 06°35'10" E. continuing along said fence 655.75 feet to the point of beginnin ALSO EXCEPTING the following: Beginning at the SE corner of said Lot 10 and Section 30; thence N. 06°35'10" W. along a fence 707.89 feet to an angle point in said fence; thence N. 13'08'10" W. continuing along said fence 143.90 fast Lo an angle point in said fence; thence N. 04'33'30" W. continuing along said fence and then along a projection of said fence 459.11 feet to a point on the South "high bank of the Colorado River" and North side of a county road; thence S. 60°59' E. along said bank 172.52 feet to the East line of said Section 30; thence South along said East line 1216.45 feet to the point of beginning. Together with all water and water rights appurtenant to and used upon this property including, but not limited to, 1/12 interest each in the Jay Bird and Mocking Bird Ditches, 2.9 cubic feet per minute of time from the Camp Bird Ditch, and all of the first party's interest in the Stray Horse Ditch. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper. t:,lnini:, and the• reversion and reversions. remainder and remainders, rents, issues and profits thereof; and all the est ate•. ��ht, r it le. interest, claim and demand whatsoever of the said part ieg of the first part, either in law or equity, :,L ,. ,• with the hereditament., and appurtenances. 1 • 6 111 11 t1 F:.\X I) 1'4) 11111.11 t he said prennses above bargained and described. with the appurtenance., unto the said u t les ..f t he second part. their heirs and assigns forever. And 1 he said part les of the first part, for them "•Ne3, theilvirs, executors. and administrators. do covenant, grant, bargain and agree to and with the •:ud part u••. of the second part. t heir heirs, and assigns, that at the time of the ensealing and delivery of these presents, t hey are well seized of the prenti.e•s above conveyed. as of gond. sure, perfect, absolute and indefeasible estate •.f inheritance in law, in fee simple. and have good right. full power and lawful authority to grant, bargain, sell and ,•onvey the sante in manner end form aforesaid, and that the same are free and clear from 'di former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature, soever, and the above bargained premise* in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns• against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part of the firer part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF. the said part les of the first part have hereunto sot their hands and seal a the day and year fl rat above written. Signed. Sealed and Delivered in the Presence of an ra Annnn • ay County of ma rfield rt Isc 4 day of July 1977 ,by WILLIAM HELEY and SANDRA ANN HELEY, husband and wife. My commission expires My Commission expires April 29, 1979 , 19 . Witness my hand and official neat 1'.1 > . 1 I 1 ✓.. STATE OF COLORADO. The foregoing Instrument was acknowledged before me this SEAL] SEAL] ISEALI A F 4.17 F STATE OF COLORADO 7 hereby certify Id 0 0 tax statemen • • • p r Re; 19M .0_10 t1 1 _i• •L1Jot t«�wAr. TNI!IMER Madethts 4.eriumo Apr 11 linemen WILLIAM V. HOLDERBAUM AND BONNIE HOLDERB.111M 4'ha Coedit? of Garfield col.wada, of tIw ntst tart.. and CARY 0. ALLEN AND ELAINE M. ALLEM whew Irma maldrmsh 6208 County Road 309 Parachute. Co 81635 .tthw ---- Condit, of Garfield c.darwd., of t M .d•fwnd pert: IT,4, .nn!uataorf seed state of FILING IR'I'AMP 11011 647 ric 9? A �h IA4 Etats Doe. ram $ JL_. R'TTS R1tttLTH, that ti. Mrd pansy ..f the first part . for and in r.on..A.rat ion ..f the seem of ----One Hundred Thirteen Thousand and nn/100-- * i,nl 1 ARIT and athwt Fond and valuable tnnnierat,.wi. to the .ltd party of tin. first fart it hand paid by the said parties of the +wenn4 part. the r. rlpt whereof i, hereby rr.nfr.,.d ani arkn...Irtti. ha. granted. bargained watt and moneyed. and b•' thaw. presents does grant. bargain. aril. rnnvey and confirm unto t tr ,ah' parties of wr.md part. their iwi s and amen* forever. not in tenancy to rnmntn.n hat in joint tenancy. all t hr fill iwinr ne,rnhed Int or parcel - of 1, land. *stoat,.lying andbeing inthe --- t'ountvof Garfi!ild and Ittate a1'oln►ada.totwitt SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF also knows. a.idreel and number 6427 North County Road 309 Parachute, Colorado 01635 TT(:rTRER'nth an and sinactar the hrrrAnamrnt. and appnrt.nane.. thereunto h..long.ng. or .n anywise tapper - tinning and the rrversiovei and rrvreoton., eemntnder and r.ma,nd.r.. tent.. ...ixs and profit. thereof: and all the estate. nght. title. interest. claim and demand what... v., of t h.... i par t c oft h. tint part. nit her to law ..r equity, of. in and tithe above bargained premises. with the hrreAttament. and apr"trienanees. TTI NAVE ANi) TO H(N.I) the said pr -mimes ahovn hareained and 4e -wt. -Theft. with the nppurtrnaneta. unto .hr said parties of the sre..rd part, their twits and assign.. forever. And t h- .aid party of the first part. rni h.mse:f, hes heir,. eaerutars, and administrator", doe. rorennnt• grant. bargain and agree to and with the said periies..f the aerot.d part, their heirs and assigns, that at the time of the .ns.alinr and d.hy.ry oft hes. presrnta. he to ',roll wetted of the prrtpi.ea rbwve conveyed. a" 44 gond. sure• parfrrt. aiaadute one indefea.ibie rotate of inheritance. in Ian, in fee airnpt... and him geed right. fuq pee et and lawful authorny to grant. bargain. ..,If and convey the same in manner and form afarwsaid. and that the Mme are free and akar tredve all former and other grants. bargain...nlea, liens. taxes. asse"smeMa and rnenmbnncetrfwhatever kind ornature "sever. EXCEPT, taxes and assessments for the year 19841* U. S. Patent reservations, easements, rights of way, 011 and Gas Lease reccrded In Book 500 at Page 567 and any and all ,rior mineral reservations of record. 7.4 and the aMee har,rs.ined prrmisra on the quiet t n. peaceable ryn.e.ston of the .aid parties of the .t...nd part. the aurviree.o them, then assign. Intl the bet -_,.w.' assigns ..f ,nth survivor. against all and every person or petsntta i tawff:Iyclaimtneorturtaimthawhole oranrnartthereof. the ..oiparty oft he fitst ra,_• shall and will Y..*RRANTAND ± FOREVER i1EFENT*. The s.nnilar numt er stroll in•ludv the p.oral. the plural the .tngutar. ant the use of any gender shall be applicable to all gen ens, IY WITNESS WHERE() F the sold party of the first pan ha. hereunto art h.a hand and seal the day and year first above written A i f Signed, SeJlwd and [Nohow/wet t the thwoonre of .t;:. 1 •• STATE (W COLOR Atit t'ountyof Garfield The A►reniM inateuattimt was acknowledged hefart ~Oita 16th he William Y. Holderbaum and Bonnie Holderbaum i ,s. tam . Holjrerbaum _..__.. ... istAL) �I /• u __. I fr 4L, Bonnie Ho derbaum day of April gtyComminionexpire-it April 29, Is.BF ..titn.s my hurl aneoffirialseal. aitt 400 7th St. S. • ;4 1000 Rifle, Co $Z1Tgo' 4 EXHIBIT "A° bOillit 6 47 All that part of the SW1/4SE1/4 and the SE1/4SW1/4 of Section 30 and the NW1/4NE1/4 and the NE1/4NW1/4 of Section 31, all in Township 6 South, Range 94.West of the 6th P.M., described as follows: BEGINNING at the Southeast corner of said SW1/4SE1/4; thence North a distance of 858 feet; thence West a distance of 1980 feet; thence South a distance of 1078 feet; thence East a distance of 1980 feet; thence North a distance of 210 feet, to the point of beginning. ALSO, Lot 10 of Section 30 and the NE1/4NE1/4 of Section 31 all in Township 6 South Range 94 West of the 6th P.M., EXCEPTING THEREFROM the f:Alowing: COMMENCING at the Southeast corner rf said Section 30; thence North 06°35'10" West along a fence 52.14 feet to the true point of beginning; thence North 89°33' West 1314.06 feet to the West line of said lot 10; thence North along said West line 1268.20 feet to the Northwest corner of said Lot 10; thence South 8933' East along the North line of said lot 10, 1133.23 feet to a point on the South °high bank of the Colorado River* and North side of a County Road; thence South 60°39' East along said bank 41.74 feet to the projection of a N -S fence; thence South 04°33'30" East along seid projection and then along said fence 459.11 feet to an angle point in said fence; thence South 13°08'1C" East continuing along said fence 143.90 fen to an angle point in said fence; thence South 06°35'10" East continuing along said fence 655.75 feet to the point of bey;nninl. :ALSO EXCEPTING the following: BEGINNING at the Southeast corner of said Lot 10 and Section 30; thence North 0635'10" W2st along a fence 707.89 feet to an angle point in said fence; thence North 13°08'10" West continuing along said fence 143.90 feet to an angle point in said fence; thence North 04°33'30" West continuing along said fence and then along a projection of said fence 45S.11 feet to a point on the South rhigh bank of the Colorado Rivera and North side of a County Road; ' thence South 60°39' East along said bank 172.52 feet to the East line of said Section 30; thence South along said East line 1216.45 *eet to the point of beginning. Together with all water and water rights appurtenant to and used upon this property, including, but not limited to, 1112 interst each in the Jay Bird and Mocking Bird Ditches, 2.9 cubic feet per minute of time from the Camp Bird Ditch, and all of the first party's interest in the Stray Horse Ditch. .141 • 0 ili RECEIVED JUL 1 2 Septic System Plan for Dangling Rope Contractors, Inc. Exemption The system for sewage removal will be a traditional septic tank for each parcel, to be installed by builder. • • Garfield County Planning and Zoning Commission: We are writing this letter to request that Garfield County grant us an exemption, so that we might develop our property at 6434 CR 309, Parachute, CO. We feel that the recent changes in the laws pertaining to gas wells in this area may be very damaging to property values. The gas wells will destroy property and water conditions, therefore limiting value and use. With the potential for twice as many wells in any given area, we would like to sell our land before that becomes a problem. Also, with up to two more homes on this piece, that would limit where the wells could be placed. Neighbors make better neighbors than gas wells do! Our land was appraised last year, with a substantial raise in taxes. We feel that we would like to sell off some of the land, thereby hopefully lowering that amount. That would also help us pay off part of the property, giving us greater financial stability. Lastly, it's possible that two more homes in the area would create more firebreaks, with lawns, roads, and pasture, rather than sage brush and scrubby cedar. That is not to say that the sage and cedar would be gone - just less around the houses, creating firebreaks. The creeks on the property naturally divide the land, so that would also help. rbry Thank you, Kent and Carol Schluter ir-t 5r (3 ,ki ' County Road 1310 Cray.; Lira \&1S ¢99.96' 1/4 W•1 SA$T t 12 ' 8.93' SIT X1/4 SE \� l Lot 10 (SE 1/4 SE 1/4) 40 +/- ACRES WITH HOME ..-SO4-32.21-5 \\14 dia. alum. cap 2 5 /steel •••s 'tam ad LS !9009 .•.'• Four+.d 3/8- dia_ rcbar w/per cap\ \\� 'if ainpic1l10556 bsa 0"4+c� S6!'06j I• 65.50' S02'44'3ss` 51.83' • 1265.06' S89'32'54;6 29 32 719.40' NE 1/4 NW 1/4 48 ACRE PARCEL NW 1/4 NE 1/4 0 0 pound 5/8 dict- re bar in paritian. attached 2 dia. alum- cap stamped NE 1/16 531• 1997, LS 9009" ` f' ! / / ! i r1 / NE 1//4 /' Nut 1/4Athico !! / { / , .....14 ,41?T,44, 9/ \ f ! 914 /' / lu,s' .gie family�rerdcT+ce //s % u.,i !! w,/.detac hedl9ara e. / I cnbarf 7-9° S/8 tamcd ! ! alurrt Pft99`f 1 S3 /53�i �/9"!.' �' 89'42'3 0 G 0 3 c (I. 3 RECEIVED NI 1 2 r N 4E1111 Qoe C&Ormc s, y Iiskr prePerSax scale: i": 200 S a9 ° 3z` See- 616 [1 ci. rt -bar t,:ifl\ 1 ' c u�. (dun, , zap cp4ariTeel 10,c aut. pC-r(c o he c re°`-' N t� 21 " C 30 . Z'I 317'' 32. �Gi,nc) BLll\ A . Ca ID (1 t -)ca)t rc.SrrnChf `r rrr��c1Yn" 4,4 (fit(_ v-ebl tu,ik G G��[�G J I 1 jC 2" 4.)14t- (.0Lk.i)A. cC,p 11lIZEGI I Eta N '1IL., ) 5il 5 32 19617 cifte apt Lc:ct-e-(etreCklecl CY- . ��1;ct,n,v l , Irr,'cict}ictt clj(L 1St lar-)hall -fI1anvc 5 B S89.32'54'E SO4'32'21-I 61.94' ed ba ee 29 32 APProx. alignment of irrigation ditch Parahall flume. Form No. GWS -25 APPLICANT OFFICE OF THASTATE ENGINEER COLORADO Di!RSION OFWATER RESOURCES JNIP INSTAL' 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 KENT SCHLUTER 6434 COUNTY ROAD 309 PARACHUTE, CO 81635 (970)625-4052 PERMIT TO USE AN EXISTING WELL COP" EXST WELL PERMIT NUMBER 919909 DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NE 1/4 Section 31 Twp 6 S Rng 94 W 6th P.M. DISTANCES FROM SECTION LINES 1300 Ft. from NORTH Section Line 1000 Ft. from EAST Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40 acres described as the NE 1/4, NE Ya, Sec. 31, Twp. 6 S, Rng. 94 W, 6th P.M., Garfield County. 4) Approved for the use of, an existing well, constructed between 1977 and 1979, to an unknown depth under permit no. 95006 (expired), issued November 16, 1977. 5) The use of ground water from this well is limited to ordinary household purposes inside up to 3 single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches, and the irrigation of not over one (1) acre of home gardens and (awns. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 8) This well shall be located not more than 200 feet from the location specified on this permit. NOTE: Parcel Identification Number (PIN): 23-2175-304-00-003'1— Assessor Tax Schedule Number: 270262 (89 acres total) APPROVED DMW Receipt No. State Engineer By DATE ISSUED SEP 01 1999 EXPIRATION DATE SEP 01 2001 REPORT DATE 07/11/00 PERMIT D CO OWNER INFORMATION • RECEIVED JUL2000 COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P CD DATE CD DATE WD MD DB USE DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M 95006 5 23 HOLDERBAUM WILLIAM BOX 1510 RIFLE, CO 81650 EP 45 D GW 1300N,1075E NENE 31 6 S 94 W S 119251 5 23 NYSTROM JAMES P 0 BOX 1914 RIFLE, CO 81650 LOT 4 NP 02/13/81 39 D 7.00 115 90 0655N,0900E NENE 31 6 S 94 W S 219902 5 23 SCHLUTER KENT 6434 CO RD 309 PARACHUTE, CO 81635 NP 08/30/99 45 D 1.00 GW 1300N,1000E NENE 31 6 S 94 W S 115093 A 5 23 COLTON 8 GRAND VALLEY, Co 81635 NP 01/10/83 RC 02/02/84 45 D SENE 31 6 S 94 W S 81132 5 23 WELLS GRAND VALLEY, CO 81635 NP 09/16/75 45 D 10.00 200 138 SENE 31 6 S 94 W S 114446 5 23 YOULAND FRANK L & BEVERLY A 6433 COUNTY RD 309 PAROCHUTIE, CO 81635 NP 05/12/80 RC 11/21/97 45 DS GW 4.00 95 70 27505,1150E SENE 31 6 S 94 W S 115093 5 23 COLTON B GRAND VALLEY, CO 81635 NP 06/30/80 45 D 03/29/84 SENE 31 6 S 94 W S 114446 A 5 23 KUNGEL E E 6433 309 RD PARACHUTE, CO 81635 NP 04/12/89 EP 04/19/91 45 D GW 4.50 136 90 1730N,0925E SENE 31 6 S 94 W S 49257F 5 23 YOULAND FRANK & BEVERLY A 6433 CR 309 PARACHUTE, CO 81635 SA 08/05/97 SA 04/07/98 45 D 03/14/98 GW 30505,1200E SENE 31 6 S 94 W S 116354 5 23 LEMON W B RIFLE, CO 81650 NP 08/27/80 45 D SWNE 31 6 S 94 W S 116809 5 23 COULTER RICHARD B P 0 BOX 1503 RIFLE, CO 81650 NP 09/29/80 45 D 5.00 170 149 1535N,2050E SWNE 31 6 S 94 W S 122137 5 23 LEMON WALTER B ROUTE 1 PARACHUTE, CO 81635 LOT 6 WALTER LEMON EXEMPTION NP 08/12/81 45 7.00 165 90 1430N,1400E SWNE 31 6 S 94 W S 122521 5 23 MAHAFFEY MERRILLE 2440 N 56TH ST PHOENIX, AZ 85008 LOT 5 LEMON EP 08/12/81 EP 07/30/98 45 1900N,1400E SWNE 31 6 S 94 W S 64055 5 23 SCOTT EUGENE RT 1 BOX 81 RULISON, CO 81635 39 D 11/06/73 1.00 15.00 50 30 2500N,2500E SWNE 31 6 S 94 W S 49870F 5 23 JANSSEN TONY & KATHLEEN 2321 SUNLAND ST LOUISVILLE, CO 80027 LOT 5 LEMON RESOLUTION 77 76 EX 07/23/98 EX 07/19/99 45 D GW 15.00 109 85 1900N,1400E SWNE 31 6 S 94 W S • • Fire Protection Plan There is an existing pond on the property, fed by run-off and our irrigation rights. We plan to seal the pond with Bentonite. Prior to sealing, we will install a dry hydrant, with pipe of 4" minimum diameter. With proper sealing, and installation of hydrant, this pond should be available on a year-round basis. • OSHEET NUMBER 15 FLE AREA, COLORADO (RULISON QUADRANGLE) RIFLE AREA, COLORADO ranges from 5,000 to 6,500 feet. This soil formed in mixed alluvium derived primarily from basalt. This soil has a thin intermittent cap of reddish eolian material. The average annual precipitation is about 14 inches, the average annual air temperature is 46 degrees F, and the average frost -free period is about 125 days. Typically, the surface layer is brown stony loam about 8 inches thick. The underlying material is white, very strongly calcareous very stony loam to a depth of 60 inches. Included with this soil in mapping are small areas of Potts and Ascalon soils on less sloping positions. These areas make up 5 to 15 percent of the map unit. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is more than 60 inches. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for grazing and wildlife habitat. The native vegetation on this soil is mainly pinyon and Utah juniper. The understory consists mostly of Indian ricegrass, wheatgrass, junegrass, serviceberry, bitter - brush, and big sagebrush. When the understory vegetation deteriorates, grasses almost disappear and forbs and shrubs increase. Proper- ly managing the vegetation maintains wood production and grazing. Selectively thinning the pinyon and juniper improves understory grazing and provides firewood, posts, and Christmas trees. This soil is suited to production of pinyon and Utah juniper. It can produce 9 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foot) of 5 inches. The low available water capac- ity affects survival of tree seedlings. Mule deer, chukar, wild turkey, gray squirrel, and cot- tontail rabbit find habitat on this soil. Community development is limited by large stones and steep slopes. Structures to divert runoff are needed for roads. This soil is in capability subclass Vls, nonirrigated. 34—Ildefonso stony loam, 25 to 45 percent slopes. This deep, well drained, hilly to steep soil is on mesa breaks, sides of valleys, and alluvial fans. A small portion of this unit is on very steep to extremely steep mesa escarpments. Elevation ranges from 5,000 to 6,500 feet. This soil formed in mixed alluvium derived primarily from basalt. This soil has a thin intermittent cap of reddish eolian material. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is about 125 days. Typically, the surface layer is brown stony loam about 8 inches thick. The underlying material is white, very strongly calcareous very stony loam to a depth of 60 inches. Included with this soil in mapping are small areas of Potts and Ascalon soils on less steep and depressional 23 positions. These areas make up about 5 to 15 percent of the map unit. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is more than 60 inches. Surface runoff is medium, and the erosion hazard is severe. Ildefonso soil is used mainly for grazing and wildlife habitat. The native vegetation on this soil is mainly pinyon and Utah juniper. The understory consists of Indian ricegrass, wheatgrass, junegrass, serviceberry, bitterbrush, and big sagebrush. When the understory vegetation deteriorates, grasses almost disappear and forbs and shrubs increase. Proper- ly managing the vegetation maintains wood production and ground cover. The value for grazing is low because of steep slopes and tree cover. Firewood, posts, and Christmas trees can be harvested on the more gently sloping areas. This soil is suited to production of pinyon and Utah juniper. It can produce 9 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foot) of 5 inches. The low available water capac- ity affects survival of tree seedlings. Steep slopes and severe erosion hazard affect harvesting. Mule deer, chukar, wild turkey, gray squirrel, and cot- tontail rabbit find habitat on this soil. Community development is limited by large stones and steep slopes. Structures to divert runoff are needed for roads. This soil is in capability subclass Vile, nonirrigated. 35—Ildefonso-Lazear complex, 6 to 65 percent slopes. Moderately sloping to very steep soils are on hillsides and mesa breaks. Elevation ranges from 5,000 to 6,500 feet. The Ildefonso soil formed in very calcare- ous, mixed, stony alluvium derived mainly from basalt, and the Lazear soil formed in shale and sandstone re- siduum. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 125 days. The Ildefonso soil makes up about 50 percent of the unit, the Lazear soil makes up about 30 percent, and soils of minor extent make up 20 percent. The Ildefonso soil is deep and well drained. Typically, the surface layer is brown stony loam about 8 inches thick. The underlying material is white, very strongly cal- careous very stony loam to a depth of 60 inches. Permeability of the Ildefonso soil is moderately rapid, and available water capacity is low. Effective rooting depth is more than 60 inches. Surface runoff is medium, and the erosion hazard is moderate. The Lazear soil is shallow over shale bedrock and is well drained. Typically, the surface layer is grayish brown gravelly loam about 4 inches thick. The underlying mate- RIFLE AREA, COLORADO 33 Permeability of the Potts soil is moderate, and availa- ble water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moderate. The Ildefonso soil is deep and well drained. Typically, the surface layer is brown stony loam about 8 inches thick. The underlying material is white, calcareous very stony loam that extends to a depth of 60 inches. Permeability of the Ildefonso soil is moderately rapid, and available water capacity is low. Effective rooting depth is about 60 inches. Surface runoff is slow, and the erosion hazard is moderate. Included with this soil in mapping are small areas of Olney and Kim soils that have slopes of 3 to 12 percent. These areas make up 5 to 15 percent of the map unit. These soils are used mainly for limited grazing and wildlife habitat. The native vegetation on the Potts soil is mainly wheatgrass, needleandthread, and sagebrush. The native vegetation on the Ildefonso soil is mainly pinyon and Utah juniper and an understory of Indian ricegrass, wheatgrass, junegrass, serviceberry, bitterbrush, and sa- gebrush. When the understory vegetation deteriorates, grasses almost disappear and forbs and shrubs increase. Proper- ly managing grazing maintains and improves range con- dition on both soils. Seeding improves range on the Potts soil if it is in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Reducing brush on the Potts soil im- proves the range. Properly managing the vegetation on the Ildefonso soil maintains wood production and graz- ing. Selectively thinning pinyon and juniper improves grazing and provides firewood, posts, and Christmas trees. The Ildefonso soil is suited to production of pinyon and Utah juniper. It can produce 9 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foot) of 5 inches. The low available water capacity affects survival of tree seedlings. Mule deer, wild turkey, chukar, gray squirrel, cottontail rabbit, and some pheasant find habitat on these soils. Community development is limited on the Potts soil by low strength, shrink -swell potential, and slope. Communi- ty development is limited on the Ildefonso soil by steep slopes. This complex is in capability subclass Vle, nonirrigated. 58—Potts-Ildefonso complex, 12 to 25 percent slopes. These strongly sloping to hilly soils are on mesas, alluvial fans, and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. The Potts soil formed in alluvium derived from sandstone, shale, or basalt. The Ildefonso soil formed in very strongly calcareous, basaltic alluvium and small amounts of eolian material. The aver- age annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is about 120 days. The Potts soil makes up about 60 percent of this unit, and the Ildefonso soil makes up about 30 percent. The Potts soil is in slightly concave positions, and the Ilde- fonso soil is on the breaks of steeper slopes. The Potts soil is deep and well drained. Typically, the surface layer is brown loam about 4 inches thick. The subsoil is reddish brown clay loam about 24 inches thick. The substratum is pinkish white loam to a depth of 60 inches. Permeability of the Potts soil is moderate, and availa- ble water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the ero- sion hazard is moderate. The Ildefonso soil is deep and well drained. Typically, the surface layer is brown stony loam about 8 inches thick. The underlying material is white, calcareous very stony loam to a depth of 60 inches. Permeability of the Ildefonso soil is moderately rapid, and available water capacity is low. Effective rooting depth is about 60 inches. Surface runoff is medium, and the erosion hazard is moderate. Included with this soil in mapping are small areas of Morval and Lazear soils. The Morval soils are at the higher elevations. The Lazear soils are shallow and are on ridge crests and steep mountainsides. These areas make up 10 to 18 percent of the map unit. These soils are used mainly for limited grazing and wildlife habitat. The native vegetation on the Potts soil is mainly wheatgrass, needleandthread, and sagebrush. The native vegetation on the Ildefonso soil is mainly pinyon and Utah juniper and an understory of Indian ricegrass, wheatgrass, junegrass, serviceberry, bitterbrush, and sa- gebrush. When the understory vegetation deteriorates, grasses almost disappear and forbs and shrubs increase. Proper- ly managing grazing maintains and improves range con- dition on both soils. Seeding improves range in poor condition in less sloping areas of the Potts soil. Blue - bunch wheatgrass, western wheatgrass, and need- leandthread are suitable for seeding. Preparing the seedbed and drilling the seed are good practices. Con- trolling brush on the Potts soil improves range that is producing more shrubs than are normally found in the potential plant community. Properly managing the under - story vegetation on the Ildefonso soil maintains wood production and grazing. Selectively thinning pinyon and juniper improves grazing and provides firewood, posts, and Christmas trees. The Ildefonso soil is suited to production of pinyon and Utah juniper. It can produce 9 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foot) of 5 inches. The low available water capacity affects survival of tree seedlings. 34 SOIL SURVEY Mule deer, wild turkey, chukar, gray squirrel, cottontail rabbit, and some pheasant find habitat on these soils. The steep slopes limit community development. Struc- tures are needed to divert runoff to minimize gullying and erosion. This complex is in capability subclass Vle, nonirrigated. 59—Potts-Ildefonso complex, 25 to 45 percent slopes. These hilly to very steep soils are on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. The Potts soil formed in alluvium derived from sandstone, shale, or basalt. The Ildefonso soil formed in very strongly calcareous, basaltic alluvium and small amounts of eolian material. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is about 120 days. The Potts soil makes up about 60 percent of the map unit, and the Ildefonso soil makes up about 30 percent. The Potts soil is in slightly concave positions, and the Ildefonso soil is in the steeper, breaklike areas. The Potts soil is deep and well drained. Typically, the surface layer is brown loam about 4 inches thick. The subsoil is reddish brown clay loam about 24 inches thick. The substratum is pinkish white loam to a depth of 60 inches. Permeability of the Potts soil is moderate, and availa- ble water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the ero- sion hazard is severe. The Ildefonso soil is deep and well drained. Typically, the surface layer is brown stony loam about 8 inches thick. The underlying material is white, very strongly cal- careous very stony loam to a depth of 60 inches. Permeability of the Ildefonso soil is moderately rapid, and available water capacity is low. Effective rooting depth is about 60 inches. Surface runoff is medium to rapid, and the erosion hazard is severe. Included with this soil in mapping are small areas of Morval and Lazear soils. The Morval soils are at the higher elevations. The Lazear soils are shallow and are on ridge crests and steep mountainsides. These areas make up 10 to 18 percent of the map unit. These soils are used mainly for limited grazing and wildlife habitat. The native vegetation on the Potts soil is mainly wheatgrass, needleandthread, and sagebrush. The native vegetation on the Ildefonso soil is mainly pinyon and Utah juniper and an understory of Indian ricegrass, wheatgrass, junegrass, serviceberry, bitterbrush, and sa- gebrush. When the understory vegetation deteriorates, grasses almost disappear and forbs and shrubs increase. Proper- ly managing grazing on the Potts soil maintains and improves the range condition. Properly managing the vegetation on the Ildefonso soil maintains wood produc- tion and ground cover. The value for grazing is low because of steep slopes and the tree canopy. Firewood, posts, and Christmas trees can be harvested from the more gently sloping areas. The Ildefonso soil is suited to production of pinyon and Utah juniper. It can produce 9 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foot) of 5 inches. The low available water capacity affects survival of tree seedlings. Steep slopes and the severe erosion affect harvesting. Mule deer, wild turkey, chukar, gray squirrel, cottontail rabbit, and some pheasant find habitat on these soils. Community development is limited by very steep slopes. This complex is in capability subclass Vile, nonirrigat- ed. 60—Rhone loam, 5 to 30 percent slopes. This deep, well drained, gently sloping to steep soil is on mountain- sides and ridges. Elevation ranges from 7,600 to 8,600 feet. This soil formed in residuum from sandstone and marlstone. The average annual precipitation is about 20 inches, the average annual air temperature is about 40 degrees F, and the average frost -free period is less than 75 days. Typically, the upper part of the surface layer is brown loam about 8 inches thick, and the lower part is brown sandy clay loam about 20 inches thick. The underlying material is brown extremely channery sandy clay loam about 24 inches thick. Sandstone is at a depth of 52 inches. Included with this soil in mapping are small areas of Parachute and Northwater soils. The moderately deep Parachute soils are on smooth ridge crests and west - and south -facing side slopes. The Northwater soils are on north -facing side slopes. These areas make up about 10 to 15 percent of the map unit. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 40 to 60 inches. Surface runoff is slow, and the erosion hazard is slight. This soil is used mainly for wildlife habitat and limited grazing. The native vegetation is mainly brome, needlegrass, and sagebrush. There are small areas of dwarfed aspen, but they are of little or no commercial value. When range condition deteriorates, forbs, shrubs, and Kentucky bluegrass increase. Properly managing grazing maintains and improves range condition. Seeding and removing brush improve range on less sloping areas if it is in poor condition. Intermediate wheatgrass, slender wheatgrass, and mountain or smooth brome are suitable for seeding. Preparing the seedbed and drilling the seed are good practices. Elk, mule deer, coyote, grouse, and rabbit find habitat on this soil. Use of this soil for community development or as a source of construction material is limited by steep slopes. • • List of Surrounding Properties, and Owners of Mineral Rights Wayne Wells 6691 CR 309 Parachute, CO 81635 Gary and Jeanne Miles 6425 CR 309 Parachute, CO 81635 Samuel Bert Potter, Jr. 598 CR 323 Rifle, CO 81650-9620 Elaine Johnson 1658 K 1/2 Rd. Fruita, CO 81521 Robert E. Smith and Naomi K. Spink P.O. Box 932 Silt, CO 81652 Robert E. Duggan 1550 CR 320 Rifle, CO 81650 Michael W. and Mary Carol Knop 6171 CR 320 Rifle, CO 81650 Elaine Johnson is the owner of the mineral rights for the property we're seeking to divide.