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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.18.2000PROJECT INFORMATION AND STAFF COMMENTS BOCC 9/18/00 REQUEST: An exemption from the definition of subdivision. APPLICANT: Dangling Rope Contractors, Inc. LOCATION: 6434 County Road 309, Parachute Colorado. A tract of land situated in Sections 30 and 31, Township 7 South, Range 94 West of the 6th P.M. SITE DATA: 40 +/- Acres � A,�� WATER: Shared well SEWER: ISDS ACCESS: County Road 309 EXISTING/ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN: According to the Garfield County Comprehensive Plan of 1984, this site lies in "District B — Subdivisions / Rural Serviceable Areas / 0 to 1/2 Mile Radius". District B is described as having a good ability to absorb growth. The suggested density is no more than one (1) dwelling unit per two (2) acres (unless an adjacent subdivision has a higher density, in which case it may be increased, subject to certain parameters). II. DESCRIPTION OF THE PROPOSAL A. Site Description: The property is located between County Roads 309 and 320. The parent tract of land to be subdivided consists of about 40 acres from which one (1) exemption parcel about eight (8) acres in size would be created. B. Applicability: Section 8:10 allows the Board of County Commissioners the discretionary power to exempt a division of land from the definitionf subdivision Board and, thereby, from the procedure in Sections 3:00, 4:00 and 5:00, provided determines that such exemption will not impair or defeat the stated purpose of the Page 1 of 6 Subdivision Regulations nor be detrimental to the general public welfare. III. REFERRALS The application was referred to the following review agencies for comments: A. Bookcliff Soil Conservation District: No reply was received. B. Grand Valley Fire Protection District: See page 7 { . Has concerns about the access easement. The access should meet the NFPA 299 Wildfire Protection Standards. C. RE -2 School District: See page Cl . The school district has no concerns about the application. D. CO Dept. of Public Health and Environment: No reply was received. E. CO Division of Water Resources: No reply was received. F. Garfield County Vegetation Management: No reply was received. G. Garfield County Road and Bridge Department: Jake Mall stated in a phone conversation on 8/7/00 that access from either CR 309 or CR 320 was acceptable. H. Garfield County Sheriff's Department: See page (C . The Sheriffs Department has no comment on the application. /� 1.-e .r -R °w, C ' a c', )47:)4.101-, r�'-�x q/ 131 r v dam, -0'c i ad -,j IV. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision Regulations states that "No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, 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 tracts 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." The applicant has provided proof of ownership in the form of a recorded warranty deed (book 1151, page 247). The parent parcel (as described in book 383, page 508) has been previously divided into three lots. This proposal is to divide one of the three lots into two (2) lots. Thus, a total of four (4) lots will have been created if this request is approved. No further exemption lots would be permitted under the current regulations. B. Legal Access: Access will be provided via an existing driveway adjoining DJ road, Page 2 of 6 which adjoins County Road 309. An easement and driveway sharing/maintenance agreement will be necessary. The applicant has been negotiating an easement from DJ road to CR 309. This easement must be in place prior to finalization of the exemption plat. C. Water & Sewer: Section 8:52 D of the Subdivision Regulations states the following: The Board shall not grant an exemption unless the division proposed for exemption has satisfied the following criteria: 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; Evidence of adequate legal waterlights has been included in the application. Both the 32 acre and the 8 acre lots will be served by well permit #219902. The application does not contain proof of an adequate physical source of water in terms of quality, quantity, and dependability. However, wells in the area appear to have an adequate yield. A well sharing agreement will be necessary. Individual Sewage Disposal Systems (ISDS) will serve the new lot. The Colorado Department of Health setback standards apply. D. Soils: The site is primarily composed of three soils: 34-Ildefonso stony loam 24% to 45% slope, 56 -Potts loam 6% to 12% slope, and 58-Potts-Ildefonso complex 12% to 25% slope. The Ildefonso stony loam is a deep, well drained, steep soil found on mesa breaks, sides of valleys, and alluvial fans. The permeability is moderately rapid and available water capacity is low. The native vegeation found on this soil is pinyon and juniper and it is mainly used for grazing and wildlife habitat. Community development is limited by large stones and steep slopes. Structures to divert runoff are needed for roads. The Potts loam is a deep, well -drained, moderately sloping soil found on mesas, benches and sides of valleys. Permeability is moderate while available water capacity is high. The native vegetation is mainly wheatgrass, needleandthread, and sagebrush. Community development is limited by low strength, shrink -swell potential, and slope. Dwellings and roads can be designed to overcome these limitations. The Potts-Idelfonso complex is a strongly sloping soil found on mesas, alluvial fans, and sides of valleys. It shares the same characteristics as the two soils described above. E. Fire Protection: The application states that a pond exists on the property for fire Page 3 of 6 protection purposes. It is fed by run-off and irrigation rights. The applicant plans on installing a dry hydrant and sealing the pond with bentonite. The applicant has contacted the Grand Valley Fire Protection District (GVFPD) for their comments. GVFPD approves of the fire protection plan but has concerns about the access easement. The access should meet the NFPA 299 Wildfire Protection Standards. F. Easements. Any necessary easements (drainage, ditch, access, well maintenance, utilities, etc.) are required to be shown on the exemption plat. G. School Impact Fees: Prior to the approval of the final plat, the applicant will be required to pay the applicable school site acquisition fee, as adopted by the County, for each newly created lot. V. STAFF RECOMMENDED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed exemption has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of the Garfield County Subdivision Resolution of 1984 a.a. Section 8:00, Exemption. VI. RECOMMENDATION: Staff recommends APPROVAL of this application with the following conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval; 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension, and area of the proposed lots, 25 ft. wide access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities; 3. That the applicant shall have 120 days (until 1/16/01) to present a plat to the Commissioners Page 4 of 6 for signature from the date of approval of the exemption; 4. That the applicant shall submit the applicable School Site Acquisition Fees for the creation of the exemption parcels prior to approval of the exemption plat; 5. That the 1978 Garfield County Zoning Resolution and the Colorado Department of Health standards shall be complied with. 6. That the applicant will obtain, and will provide evidence to staff, the necessary access easement to the property prior to finalization of the exemption plat. A legal road sharing agreement, which discusses all costs associated with the maintenance of the road, who will be responsible for paying these costs, and how assessments will be made for these costs, will be filed with the exemption plat;! 7. Prior to the approval of an exemption plat, the applicant shall provide to staff and the Board of County Commissioners proof of legal access in the form of an executed access eas,ment to County Road 309. The access shall meet NFPA 299 Wildfire Protection Standards. F c.A.{(11X! �'u L I`� C �'� LICU 1 t +� - :7_C% (AA.. 8. Prior to the app o�al of an exerhhtion plat, the applicant shall provide proof of legal an adequate source of domestic water for each lot created and will demonstrate that the water supply will meet the following: a) That a four (4) hour pump test be performed on the well to be used; b) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; d) 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; e) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; f) 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 will be filed with the exemption plat; g) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; 9. That the following plat notes shall appear on the Final Exemption Plat: "One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owners property boundaries." Page 5 of 6 "No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defied 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". "All exterior lighting will be the minimum amount necessary and all exterior lighting will 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". "No further divisions by exemption from the rules of Subdivision will be allowed." "Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations." "All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintainingproperty. Residents and landowners are encouraged to learn about these rights and responsiilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County." 1kgbehiv. Powk to,f_sesd 1A-.)/ (9- AbiA,Ltwo-y--01- ILL16- Page 6 of 6 ) 1--ee r-Lotr6 vvixo.cf- 9J-e_ ,9/1_0-?„,/ dka Sep 11 00 11:02a GVFPD 9702859748 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, I have reviewed the fire protection plan that you provided me last Friday. It is unclear yet as to 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. 1 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. If I can be of any assistance, I can be reached at (970) 285-9119, or cell (970) 285-9851. A6 David A. Blair District Fire Chief, GVFPD Xc: file • •RECEIVED JUL 2 4 2000 GRAND VALLEY'I'RICT FIRE PROTECTION DIxwAY 1777 E. BATTLEMENTPBO 295 PARACHUTE, CO 81635 (970) 285-9119, FAX (970) 285-9748 Kit Lyon Garfield CountyBuilding Planning Dept. 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Subject: Fire Protection Plan for Dangling Rope Contractors, Inc Exemption bm}tt�� ments. protection plan letter (attaedj--Su protection req I have reviewed the initial fire p regarding usual request for fire earlier this month reg and that a dry hydrant would be a spoke with at party pond on the property protection. I also stated that at a later date, we would receive the Sheo stated for yet bound fire as aagain at that time. I would stillcunsure good idea yearthe District up -dated and e and I would comment on it ag rest of the subdivision proposal sand access/egress issues. Please keep s -�to_the number 4f- _ _rele4•t mnyes forward. assistance, f can be reached at (910)�85l i9. If I can be of any District -Fire Chret JUL-27-2000 IHU U I : 5U til t• 1 hLU SUHUUL U 151 Mt.2 t• HA NU. y Ub b I bei 1110 • GARI IELD 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 fonn 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 —109-8 ' Street, Suite 301 r. ui Fax: 970-384-5004 Phone: 970-945-8212 E-mail: "garcopin@rof.net" General comments: \rLa C�R� This review agency recommends (circle o e : Approval Denial wsrtg �x�: gg .gig Date: 13 -'46;r-'317 Rrw;crrl ZtZann 1 NOMAS P. DALESSANDRI Sheriff of Garfield County Date: August 3, 2000 To: Garfield County Building and Planning From: James H. Sears, Undersheriff Re: Dangling Rope Contractors, Inc. Exemption GARFIELD COUNTY SHERIFF'S DEPT. P.O. Box 249 • Glenwood Spnngs, 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 - . - .. . • • . . • • .. - - : --- : • • to do or how they propose to do it. • •::-- _caltise IR in —c1Z-CLAA— rrn ehl cyo @ a 3° r,,,,`, LAkpicutAA)-A 4-4/•42A3t— Jk• I 1=I '11=11111111. ••••••,•II ,•• OW M• Wil• 1,A •••• ••• •=• WIN ./.•••• '..11•011 ID,M• 1/ • •O' /•I1 • , V ?V • • ?IP, tro• A••• ' WWI • "—A.Jhow.11•111.ANIMM ZOIN V VIM V V 6-,(0L-cettc6t4 8 , a e -(-D-e-- f 4, C/C/061}VV-NrXYZ. OC1) e, <S C Y C:'L1A a -�- 10 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. Thank you, Kent and Carol Schluter kAt,\•:\_1 % c---e-g (`e C r 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. Filed for record the day of ,A.D. 19 , at o'clock M. RECORDER.: Reception No._ By DEPUTY. WARRANTY DEED THIS DEED, Made on this day of August 26, 1999 , between ELAINE M. JOHNSON of the County of MESA and State of Colorado , of the Grantor(s), and DANGLING ROPE CONTRACTORS, INC. whose legal address is : 21.14 44 Road, De.Beque, CO 81630 of the County of Mesa and State of Cotoradn , of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ( $235,000.00 ) *** Two Hundred Thirty Five Thousand and 00/100 *** DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of GARFIELD and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known as street number 6434 309 ROAD, PARACHUTE, CO 81635 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 OF WAY OF RECORD, IF ANY The Grantor(s) shall and wilt 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. ia-4?",--e- >'''''.- N M. JOHNSON STATE OF Colorado ) (;(1 Jl A )ss. Countyof ) 1 The foregoing instrument was acknowledged before me on this day of August26, 1999 .. .. 11.1101,\I by ELAINE M. JOHNSON \161./C .x,11 SR i 11 (il>ir m u My commission expires ` junelie.2001 t Witness my hand and official seal. t dl P'A Q .0)111 N i z No . y/.ubli11 i 1, ' Name and Address of Person Creating Newly Created Legal Description ( 38-35-106.5, C.R.S.) \ ATE. • - - f Escrow# GW232126 When Recorded Return to: DANGLING ROPE CONTRACTORS, INC. Title# GW232126 , Form No. 932 Rev 4-94. WARRANTY DEED (For Photographic Record) Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION O WATER RESOURCES PUMP INSTALLER'S 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 COPY E_=. WELL PERMIT NUMBER 919902 DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: Block: Filing: Subdiv: KENT SCHLUTER 6434 COUNTY ROAD 309 PARACHUTE, CO 81635 (970)625-4052 PERMIT TO USE AN EXISTING WELL 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 1/4, 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 91-- Assessor heAssessor Tax Schedule Number: 270262 (89 acres total) 4-2 /,9 APPROVED DMW Receipt No. State Engineer By DATE ISSUED SEP 01 1999 EXPIRATION DATE SEP 0 1 2001 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. Cou ity !toad .1920 Cravalad'roadwaV-7 \AS\ . X99.96' 1/4_,, W- 1 SA$T §ir /4 SE 12 ' 8.99' Lot 10 (SE 1/4 SE 1/4) 40 +1- ACRES WITH HOME -4 . 50432'21"a 51.91 589'32'54:S ' \ \ \ T.d 3 1/4 ' dia- alum.ad LS f 9009 2• din- atul • atom ' '- Found �8 d ea 'stamped56041'06' 61r 65. bac. \\ 56041'0 1► 65.50' 1265.06' 719.40' 48 ACRE PARCEL NW 1/4 NE 1/4 NE 1/4 NW 1/4 0 Found 5/8 din. rebar. in posiLion. attached 2" dia. alum. cap stamped NS 1/16 531, 1997. LS 9009" / ,1 / /... / ,/ ' /di l / - ie1•y Set 5/c m cap!it ad 2' dia_ P. f .amp 900 /r6 S3! 19 7 L f / f ('NE 1//4 / N 17,.4 1. /4131101? 9 iI if ! / / % / i' i/I sing. famity,reride ,..1 , / ,,w/%detached/garage. ,: Segs/8 ia. 7 / 1 z ' - un` / f� 53 / / 1 I �� ❑ ./ /, 1 / . [I. N8442'3 X / 9- 29 32 1258.48' 0 V Appro.:. alignmeflt o f rfigahon ditch - pars halt flume. ditch • peeardtd •Ra.� Ther. Mtn. Made Ms 1 heemeen • April WILLIAM V. HOLDERBAUN AND BONNIE HOLDERB.IUM „f the - rawntyot Garfield rahcranla. at the Snit part. and CAVY D. ALLEN AND ELAINE M. ALLEM trham liimM addrova i. 6208 County Road 309 Parachute. Co 81635 Of this cm.ntled Garfield Cai.Nrda, of the mental part: MIK 1 5 Mr, and w Gtr of and !state of WITVEE.SETH,that the land vino otthe first part, tar ansa in ronsddrration of the snot of a• -•Dine Hundred Thirteen Thousand and no/100-- a ixli,t,AIIlI and ether pima and valuahh eimaideratrns t.. the .aid party ctth. first Tart in hand paid by this said parties of the *sprawl part, the receipt whereof is hereby ronfrs.ed and ackrnwledeml. has Granted. hareem..I. sold and conveyed. and b'' these periwigs d..ta grant. bargain. aril. mosey and ronfirm unto t to said parties of wt.md sari. their ori s and aaaigns h.revet. not in tenancy in common but in }Mot tenancy. an t he foil mins •trsrrihed lot nr parcel of land. aituate.lying and being inthe --- Countof Garfield and At ate of Colored*, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF at nkna.ra.aatr.et.ndnamher 6427 North County Road 309 Parachute, Colorado C1635 imr:rwER with an and ainitctar the iierrditsments and appurtenances thereunto belonging. or in anywtar upper• tanning and tate rrverainn and reversions. eemaindrr and remainders. rents. issues and profits thereof: and an the estate. right. title, interest. claim and demand *h at nor Vt. r of t he said party of the first part. sit her in Ian or equity,sf. in and tot he atoms bargained premier". 'kith the hereditament, and straw equine's.. -" Til HATE AND TO HOU, the amid premises shove bargained soil drsrrib.,t. with the appurtenances. unto stir said parties of the aernnd part, tbrir heirs a•+d assigns forever. And t hr said party of thr first part. for himse!f. hes heiri, exeeutara. and administrators, does covenant, grant. bargain and agree to and with the said partite of tiro areond part, their heirs and assigns. that at the time of the en.eating and delivery of these presents. he is well seized of the premises- eb.ve conveyed, as of good. sure. perfect, absolute an.' indefeasible estate of inheritance. in Ian. in tee simple. and has, • tend tight. full awtt and lawful authority to grant. bargain. sett and convey the ,am. in manner and form aforesaid.- and foresaid.and that the same are free and clear tram an former and other grants. bargain.. soles. Liens. taxes, assessments and eneuntarant•e.tofwhatever kind oreat Ur. ',.rter. EXCEPT, taxes and assessments for the year 1984,; U. 5. 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, and the *down berguined premises in 'the quiet . id, peaceable possession of the said parties of the .second pan. the survives .4 them. then assigns ani the bei'-,,sre assigns ..f such s.irsivor. against all and every person or persona CawfuJy'claiming ortoclaim the whole or any 'art thereof. tbe said party ofthe first shah and will WARRANTAND. FOREVER f)EFE .TI. The singular numt er shall include. ihr p..i-at. the piura! the ';neuter. And the M.O. of any Render .hall be applicante to all grew ors. iN WITNESS WIIEREG i` the said party of the first part has hereunto set his hand and seal the day and year first share written 51 I , Set ted and Deliveredthe tsrrsrnr. of Cede „..:STATE OF COLORS fit r..untrof Garfield � /J /' /. /-4,47r, IAEA ti i1tEALI 'Bonnie Hoiderbaum The tkrepeansinateamen* was ark nowledged before awe this 16th M ',William V. Holderbaum and Bonnie Holderbaum My t?.talaistaitm raphes April 29, day of April 11%f i *;tnsmy hared ana nffirtal seal. -_ 400 7th St. S. �+ •;• 1000 Rifle, Co or EXHIBIT "A" All that part of the SW1/4SE1/4 and the SEIJ4SW1/4 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 failow1ng: COMMENCING at the Southeast corner of said Section 30; S 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 89°33' 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°08'1e" East continuing along said fence 143.90 feet 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;nning. ALSO EXCEPTING the following: BEGINNING at the Southeast corner of said Lot 10 and Section 30; thence North 06°35'10" West 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 45(2.11 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 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 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. THIS DEED, 19 7 / , between is 2257 Fawn 9'_'° 1 1 Rw:, der fAltr. %JD Made thi 10th dar 1,f June WILLIAM HELEY and SANDRA ANN HELEY, husband and Ridge Court, Grand Junction, Colorado 81501 wife, whose address rill OOCBMEYIANI FIl of 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 ITh ESSETH, that the said parties of the first part. for and in consideration of the rum of TEN AND N0/100 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, bargained, sold and conveyed, and by these presents do grant, bargain, ae11, 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 at Colorado, to wit: All that part of the SW1tSE1 and the SE1SW1 of Section 30 and the NW1 NES and" the NEIANW1 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 SW1SE1; 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 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 ilia 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 6°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 angle 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. TOGETHER with all and singular the hereditament, and appurtenances thereunto belonging, c: in anywise apper- I a ming-, and the reversion and reversions. remainder and remainders, rents, issues and profits thereof; and all the ,•,!:11e. right. title, intere-t. claim and demand whatsoever of the said part les of t he first port, either in law or ennity, euuN497 PAGE 406 TO 11 %%'E :1NI) TO HOLT) the said premises above bargained and described, with the appurtenances, unto the said •n rt u•, of the second part, their heirs and assigns forever. And the said part jigs of the first part, for them —I ves, thetrirs, executors. and administrators, do covenant, grant, bargain and agree to and with the .aid pa rt les of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, t hey are well seized of the premises above conveyeu, 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 ronczy 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 ineu m brances of whatever kind or nature, soever, and the above bargained premises in the quiet and peaceable potibession'of the said parties of the $ecoi part. their heirs and assigns, against all and every person or persona lawfully claiming or to elaim the whole or any part thereof the said parties of the first part shall and will WARRANT AND FOREVER DEFEND.,.. yt. IN WITNESS WHEREOF, the said part ies of the first part ha ve . k hereunto set -the seal sem: the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, e County of Garfield J The foregoing instrument was acknowledged before me this In 77 . by WILLIAM HELEY and SANDRA ANN HELEY, husband and wife.„; My commission expires ,19 Witness my hind end elite My Commission expires April 29, 1979 cal11 0 0 U 0 F F • 0 rl 0 L 0 v '0 v es e V • CI E C 'i 0 R la! _ R . , t.•,u N11. tit/ r y , J MISDEED. DEED. U;.d.•this 26th July 1977 .h.•tween WILLIAM HELEY and SANDRA ANN HELEY, husband and wife, whose address is 2257 Fawn Ridge Court, Grand Junction. Colorado 81501 $1111 tLiiV:iiikAl lit 1j of 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 Courty of Garfield and State of Colorado. of the second part: WITNESSETH. that the said part of the first part, for and in consideration of the sum of TEN AND N0/100-----------_�____��___ 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. bargained. sold and eonveyed, 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 lo0 or parcel 8 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 SASE1/4 and the SES SWC of Section 30 and the NANE14 and the NEIOW4 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 SWkSEk; 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 NE4NE1/4 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 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:' 10 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 aide 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. TOGS a•H1:R with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper- taining, and the reversion and reversions. remainder and remainders, rents, issues and profits thereof; and all the e .t ;.t e•, richt, title. interest, claim and demand whatsoever of the said part les of the first part, either in law or equity, ,,,.,1 .;, r , wit), the lu•ro.lrt;.meet, and al.t+Urh•nom•es. t'A1E 16 TO i111'F:.1NI) TO HO1.1) the said premises above bargained and described, with the appurtenances, unto the said part It•N of the second part. their heirs and assigns forever. And the said part les of the first part, for them .elves. theiltirs. executors. and administrators. do covenant, grant, bargain and agree to and with the solid part les of the second part. their heirs and assigns, that at the time or the ensealing and delivery of these presents, t hey 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 4.11 former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever• kind or nature, aoever, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their helm and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the Nid part of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF. the said part ies of the first part hayre hereunto settheir hand. seals the day and year first above written. Signed. Sealed and Delivered in the Presence of County of airfield The foregoing Instrument was acknowledged before me this 1977 ,by WILLIAM HELEY and SANDRA ANN HELEY, husband My eommlasion expires My Commission expires April 29, 1979 '19 STATE OF COLORADO. Sandra An 0 • e 6 • ev, (o . day of `, July. and wife. . Wltne,a my hand and official Neat': STATE OF COLORADO 0 • Recorded at.l el"' "l��o'cl k.... 1VI, �AR 7194 aay� r.3ae�JQQy4+r/l Reception No 4622.9 %.. Recorder. -57 PE153 f. THIS DEED, Made this January in the year of our Lord one thousand nine hundred 14th day of and ----7 3---- between --DAN HELEY and CAROLYN R. HELEY-- whose address is 5725 East Casper, o£ the City of Mesa County of Marlcopa and zona State ofAii of the first part, and --WILLIAM HELEY and SANDRA ANN HELEY-- whose address is Box 191 of the Town of K Grand Valley County of Garfield and State of Colorado, of the second part; RECORDER'S STAMP STATE GOCUliEii ARY FEE MM 2 71974 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 1, 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 joint 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' SEk and the SE'SW' of, Section 30 and the NANEk and the NEkNW' 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 SASEk, 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 NEaNE4 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: and 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: . a 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 • • tinuing along said fence and then alon a projection of said ..fence 459.1 tees to a pointoon the 'soutkx an ,. '"big/I": .dank of -the the Co].or Rivet tkt ,� e ' of a county road/thence 8.'60939' E.. alOn g said bank ' 172:52"`Feet to -the east'' line:of of said' Sec. ' 30; thenc South along ` said east line 1216.45 feet to the POINT OF BEGINNING and conta;jni.nc ,2.211'acres more or less. Together with al]. water and *water .rights appurtenant to and used upon thisproperty including.'but not limited to, li12 interest each in the Jay Bird and Mocking Bird Ditches, 2.9 cubic feet per minute'of time from the Camp Bird bitch and all of the first party' interest .ne Stray 5tr y gorse Ditch. - r Subject to an easement over ad across the above-described pioparty for the purposes of ingress and egress from the County Road to the ,parcel containing approx,mately 38 acres' retainers by Charlesor an Smith in- Waf r nt rh'Deed recorded• in Book 439..at Page 52 ! : ` TOGETI ER with all and singala; the hereditaments and a k . ppuFrtenanees thereunto belangixtg;' .or in anywise appertaining, and the reversion ° and reversions, remainder and remainders, rent; issues and '� e said refits thereof; and all the estate,,right, title,. interest, claw and demand whatsoever, of part ef the first part either in law er equity, of, in and to the above bargained, pre with the hereditaments and appurtenances: g; . `.. • ° P described, with the. appurte- TO HAVE 'AND TO ROLA the said remises above bargained and , nances unto the said part, i e s of the second part, .4nd the said their heirs and assigns forever. for -them parties • io f the first part, selves. ,thei 2 sirs, executors and administrators,' do covenant, grant,' bargain. and agree to ,and with the said parties of the seeond part, their heirs and, assigns, that at the time ,o£ the =sealing and delivery . f these presents they, .are ell _Seized . of the:premises above conveyed, as of good, sure, perfect, absolute: and indefeasible estate ate of inheritance in•la�v, �, fee:; ae g,d r powery simple,„ and b. V , ,- .. oo right, lull and lawful authority to grant, bargain, cell; and convey', the p saute m raanner and form .aforesaid, and that the same are free and clear from all former and other. grants, bargains, ,sales, liens, taxes, assessments and *cumbrances of whatever kind or nature eeoyer. `rv° 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 claiming 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 WIIEREOF, The said parties of the first part have hand s and seal s the day and year first above written. hereunto set their Signed, Sealed and Delivered in Presence of [SEAL] [SEAL] /Carolyn RZHeley [SEAL] ....[SEAL] STATUTORY ACKNOWLEDGMENT, SESSION 1927 L. County of Maricopa The foregoing instrument was acknowledged before me this 15 day of February 1974 ,by* Dan Heley and Carolyn R. Heley. Witness my hand and official seal. My commission expires Notary Public. *11 by natural person or persons here insert name or names; if by nelson 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 of corporation. then insert name of such officer or officers. as the president or other officers of such corporation. naming it. SHEET NUMBER 15 RIFLE AREA, COLORADO (RULISON QUADRANGLE) RIFLE AREA, COLORADO 23 ranges from 5,000 to 6,500 feet. This soil formed in (nixed alluvium derived primarily from basalt. libis soil Paas a thin intermittent cap of reddish eolian mat4iial. The ay rage annual precipitation is about 14 inches, the arage annual air temperature is 46 degreeis F, and the avege frost -free period is about 125 day, Ty, i ally, the surface layer is brown stony loam about 8 incus thick. The underlying mate* is white, very strongly calcareous very stony loarr?io a depth of 60 inches. Included ith this soil in mappirt are small areas of Potts and A alon soils on Tess soping positions. These areas make 5 to 15 percent of the map unit. Permeability moderately apid, and available water capacity is low. ffective rooting depth is more than 60 inches. Surface r off is medium, and the erosion hazard is moderate. This soil is used inlyor grazing and wildlife habitat. The native vegetate this soil is mainly pinyon and Utah juniper. The un. `. story consists mostly of Indian ricegrass, wheatgras negrass, serviceberry, bitter - brush, and big sagebrish. When the underory ve -tation deteriorates, grasses almost disappear iid forbs ashrubs increase. Proper- ly managing theegetation m._intains wood production and grazing. S� ctively thinnin• he pinyon and juniper improves and story grazing a provides firewood, posts, and Chfi"stmas trees. This soil suited to production pinyon and Utah juniper. It c rn produce 9 cords of wo•;• per acre when trees mor Othan 4.5 feet tall reach an erage diameter (at one ft) of 5 inches. The low availab water capac- ity affeci, survival of tree seedlings. Mule -beer, chukar, wild turkey, gray squi -1, and cut- tontailabbit find habitat on this soil. Co., munity development is limited by large s +nes and stee ' slopes. Structures to divert runoff are ne_.ed for roa his soil is in capability subclass Vis, 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 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. —Ildefonso-Lazear complex, 6 to 65 p peFCent slop , s. Moderately sloping to very steep soils,! gre on hillsid= . and mesa breaks. Elevation ranges f>✓nm 5,000 to 6,50 feet. The Ildefonso soil formed my ry calcare- ous, mix_., stony alluvium derived mai9f9 from basalt, and the L. -ar soil formed in shale 9.rid sandstone re- siduum. The -verage annual precipitation is about 14 inches, the av- age annual air te,gi ierature is about 48 degrees F, and `, e average frost -free period is about 125 days. /° The Ildefonso soi akesAt p about 50 percent of the unit, the Lazear soil ai up about 30 percent, and soils of minor extent m.' up 20 percent. The Ildefonso soil i d -. and well drained. Typically, the surface layer i °brown tony loam about 8 inches thick. The underlyi g materia white, very strongly cal- careous very storey loam to a de h of 60 inches. Permeabilitof the Ildefonso s ' is moderately rapid, and available water capacity is IEffective rooting depth is fore than 60 inches. Surfaacunoff is medium, and thg;krosion hazard is moderate. They azear soil is shallow over shalef edrock and is weI trained. Typically, the surface layer is gilyish brown gravelly loam about 4 inches thick. The underlying mate- RIFLE AREA, COLORADO 33 Permeability of the Potts soil is moderate, and availa- b - water capacity is high. Effective rooting depth is 60 ines or more. Surface runoff is slow, and the erosion h rd is moderate. ri;.; T e Ildefonso soil is deep and well drained. Typically, the rface layer is brown stony loam about 8 ifiches thick. he underlying material is white, calcareou) very stony I:. m that extends to a depth of 60 inches/ Perm _ : bility of the Ildefonso soil is modera eely rapid, and ava ble water capacity is low. Effective rooting depth is a out 60 inches. Surface runoff is s)w, and the erosion ha rd is moderate. Included th this soil in mapping are ?ball areas of Olney and Ki soils that have slopes of 3` to 12 percent. These areas ke up 5 to 15 percent ;f the map unit. These soils used mainly for lir1fited grazing and wildlife habitat. The native ve• tation on the Ptts soil is mainly wheatgrass, need ndthread, ap a.sagebrush. The native vegetation on i he Ildefonsq soil is mainly pinyon and Utah juniper and ':n understry of Indian ricegrass, wheatgrass, junegrass, :.ervicebrry, bitterbrush, and sa- gebrush. When the understory v='•etation deteriorates, grasses almost disappear and forbs` -fid shrubs increase. Proper- ly managing grazing maint.'and improves range con- dition on both soils. Se in =_. improves range on the Potts soil if it is in poor ondi'••n. Crested wheatgrass, western wheatgrass, an 'Russia 'R wildrye are suitable for seeding. Preparing a edbed a `:r drilling the seed are good practices. Reducing brush n the Potts soil im- proves the range. P,perly manage ` • the vegetation on the Ildefonso soil 'aintains wood ' •duction and graz- ing. Selectively inning pinyon an•`, juniper improves grazing and pr ides firewood, post and Christmas trees. The Ildefon soil is suited to producti of pinyon and Utah junipert can produce 9 cords of ` ood per acre when trees ore than 4.5 feet tall reac an average diameter ( one foot) of 5 inches. The rw available water cap/city affects survival of tree seedlin Mule er, wild turkey, chukar, gray squirrel, ottontail rabbit, nd some pheasant find habitat on th soils. Co unity development is limited on the Potts oil by low s ength, shrink -swell potential, and slope. Co uni- ty d elopment is limited on the Ildefonso soil by s ep slo es. his 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 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 perc = t s `" es. These hilly to very steep soils are on allu ial fa `, and sides of valleys. Elevation ranges from 5,00 ; to 6,5S , feet. The Potts soil formed in alluvium de ved fromandstone, shale, or basalt. The Ildefonso soil formin very strongly calcareous, basaltic alluvi and small mounts of eolian material. The average =: nnual precipitation is about 14 inches, the average a ual air temperatuie is about 46 degrees F, and the ,;'average frost -free period is about 120 days. The Pottssoil makes up about 60 percent •; the map unit, and the` lldefonso soil makes up about '+ percent. The Potts soil;, is in slightly concave positio ;'s, and the Ildefonso soil iS in the steeper, breaklike are S. The Potts soils deep and well drained. ypically, the surface layer is 'brown loam about 4 inc -s thick. The subsoil is reddish 'brown clay loam about ;4 inches thick. The substratum is . inkish white loam t•. a depth of 60 inches. Permeability of therv;Potts soil is mo• rate, and availa- ble water capacity is "high. Effective r ting depth is 60 inches or more. Surface runoff is mum, and the ero- sion hazard is severe. ;, The Ildefonso soil is deep and *II drained. Typically, the surface layer is brovin stony loam about 8 inches thick. The underlying material is ; 'ihite, very strongly cal- careous very stony loam to a,depth of 60 inches. Permeability of the Ildefon` tgsoil is moderately rapid, and available water capaci pis low. Effective rooting depth is about 60 inches. S rf4,ce runoff is medium to rapid, and the erosion hazarsilis severe. Included with this soil iriff mappiig are small areas of Morval and Lazear soils,i'The Mo✓aI soils are at the higher elevations. The *ear soils are shallow and are on ridge crests and steep mountain '' es. These areas make up 10 to 18 percent of the map Olt. These soils are used mainly for limited wildlife habitat. The native vegetion on the Potts fail is mainly wheatgrass, nee andthread, and sag rush. The native vegetation n the Ildefonso soil is inly pinyon and Utah juniper and an understory of India ricegrass, wheatgrass, jungrass, serviceberry, bitterbrus and sa- gebrush. When the uliderstory vegetation deteriorates,''grasses almost disappear and forbs and shrubs increase. F‘oper- ly managinagrazing on the Potts soil maintains) and improves a range condition. Properly managing the vegetation the Ildefonso soil maintains wood produc- tion and; ground cover. The value for grazing is low grazing and SOIL SURVEY bkcause of steep slopes and the tree canopy. Firewood, po,,ts, and Christmas trees can be harvested from the mo{i"e 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,.,, nd the lower part is brown sandy clay loam aboutnches thick. The underlying s material is brown extre y 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. Tthe Northwater soils are on north -facing side slopes. These areas make up about 10 to 15 percent of.the map unit. X. Permeability is moderate, and a ilable water capacity is moderate. Effective rooting deptis 40 to 60 inches. Surface runoff is'slow, and the erose n hazard is slight. This soil is used mainly for wildlifeiabitat and limited grazing. The native ;.vegetation is mainly bror e, needlegrass, and sagebrush. There are small areas ofJwarfed aspen, are* they arelittle or no commercial valu . When rapjge condition deteriorates, forb shrubs, and Kentucky Vluegrass increase. Properly man ing grazing maintains;;;and improves range condition. eding and removing'"brush improve range on Tess slopin areas if it is in poor condition. Intermediate wheatgras slender wheatgrjass, and mountain or smooth brome ar suitable for seeding. Preparing the seedbed and drilling tie seed are geind practices. EWA mule deer, coyote, grouse, and rabbit findl�bitat on ttfis soil. Ude of this soil for community development or as a so6rce of construction material is limited by steep slopes. '1111111111111111111111111111111111111111111111111111111 852352 09/17/1999 04:08P 31151 P251 M ALSDORF 1 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO I1 THIS FORM IS USED IN 1 CONBUiRR CREDIT TRANSACTION, CONSULT LEGAL COUNSEL. THIS I8 A LEGAL IMSTi1) 11T. I1 ROT UNDERSTOOD, L1OAL, TAX DR OTHER C00NIEL 1NOULD BE CONSULTED BBIOR1 SIGNING. DEED OF TRUST (Due on Transfer - Strict) THIS DEED or TRUST is road. oo this, day of August 26, 1999 DANGLING ROPE CONTRACTORS, INC. , between (Borrower) , who.. .da.... i. 2114 44 Road. DeBeaue. CO 81630 and the Public Trustee of the County in which the Property (see paragraph 1) i. .ituated (Trustee); for the benefit of ELAINE M. JOHNSON who.• .adr... i. 1658 K 1/4 ROAD, FRUITA, CO 81521 (Lender), Borrower and Lender covenant and agree as follows 1. Property in Trust. Borrower, in consideration of the indebtedneee herein raoited and the trust herein created, hereby grants and oonVeye to Trustee in trust, with power of male, the following da.orlbed property located in the County of GARFIELD , State of Colorado; SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF whioh bas ch..aar... of 6434 309 ROAD, PARACHUTE, CO 81635 (Complete Address) (Property Address), together with all it. appurtenanoea (Property). 2. Nota; Other Obligation. Becuced. This Deed of Trust is given to secure to Lender: A. the repayment of the indebt.dneaa evidenced by Borrower.. nota (Nota) dated August 26, 1999 in the principal sum of *** Two Hundred Fifteen Thousand and 00/100 * * * U.S. Dollar., with intere4C on the unpaid principal balance from August 26, 1999 paid, at the rata of 8.5000 percent per annum, with principal and interest payable at 1658 K 1/4 ROAD, FRUITA, CO 81521 , until or such other place a. the Lander may designate, in 360 payment. of; *** One Thousand Five Hundred and 00/100 *** Dollar. (U.S. $1,500.00 au. on the 1ST day of each MONTH beginning September 01, 1999 ; such payments to continue until the entire indebtad.a.m evidenced by said Note ie fully paid7 however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon, .hall b. du. .nd payable on September 01, 2004 $15,000. DOB a1PTB901R 1, 2000, 2001, 2002, 2003 AND $155,000 DUB S1PTIMBIR 1, 2004. 21 BORROWER SPLITS OR 8013-DIVID18 PROPERTY, BORROWER 1ORRS TO PAY $5,000. P1R 0001 01 SPLIT 99091R0Y IN ADDITION WITH TRI $15,000. ANNUAL ERIN° CON/IORRID. and im to pay to Lender • late charge of 10.0000 3 of any payment not received by the Lender within 5 day after payment is due; and Borrower h.m the right to prepay the principal amount outstanding under ..id Not., in whole or in part, at any time without penalty except B. the payment of all other sumo, with interest thereon at 10.0000 % par annum, disbursed by Lander in acoordanoe with this Dead of Trust to pro0eot the saourity of this Dead of Trust; and C. the performance of the covenants and agreement. of Borrower herein contained. 3. Title. Borrower covenants that Borrower owns and ha. the right to grant and convey the Property, and warrants title to the same, subject to general real estate taxes for the currant year, ..:went: of record or in .00.t.nce, and recorded decler.tian., restrictions, reeervations and covenants, it any, es of this date and except 4. Payment of Prinoipal and Interest. Borrower .0.11 promptly pay when due the principal of and interest on the indebtedness evidenced by the Nota, and late charges ae provided in the Note and shall perform .11 of Borrower'e other covenants contained in the Note. 5. Application of payments. 111 payments received by Lender under the terms hereof shall be applied by Lender flet in payment of amounts due pursuant to paragraph 23 (Escrow rands for Taxes and Insurance), than to amounts di.bursed by Lender pur.uent to paragraph 9 (Protection of Lender's Security), and the balance in accordance with the terse and conditions of the Note. The printed portion. of tibia fora approved by the Colorado Real l.tate Commission (0073-7-18) No. 1072-7-94 D® Borrower(.) L// OR/1RUST (DUE ON TRAN8p50 - STRICT) - 0.1L 6982 3 2 12 6 Page 1 of 4 )) Lender(.) L• ; 7 t. G /a/tee M - n. S "J 11111111111111111111111111111111111111111111111111 15111j111191/17194111111j11111111111111151101101 52352 09/17/1999 04.0SP B1151 P252 M ALSDORF 2 of 5 R 25.00 D 0.00 GRRFIELD COUNTY CO 6. Prior Mortgages and Deeds of Trust, Charge./ Liens. Borrower 4h.11 perform all of Borrower's obligations under any prior deed of true! and any other prior lien.. Borrower shall pay .11 taxes, 'mats and other charges, tines and im- positions attributable to the Property which may have or attain a priority over this Da.d of Trust, and leasehold payments or ground rents, if any, in the manner set out in paragraph 2] (escrow fund. for Taxes and Insurance) or, it not required to be paid in such manner, by Borrower making payment when due, directly to the payee thereof. Despite the foregoing, Borrower shall not be required to sake payments otherwise required by this paragraph if 0 after notion to Lender, shall in geed t.ith contest such obligatioo,by or defied enforcement of such obligation in. legal proceedings whish operate to p the enforcement at the obligation or forfeiture of the Property or any part thereof, only upon Borrower making all such contested payments and other payment. as ordered by the court to the registry of the oouct in which suoh p dings are filed. 7. Property Insurance. Rorrower shall keep the improvements now .:seting or hereafter erected on the Property i d against lees by fire or haaards included within the term 'extended coverage* in an .mount at least equal to the 1 1 (1) the insurable value of the Property or (2) an amount sufficient to pay the mune secured by this Deed of Truant as any prior encumbrances on the Property. All of the foregoing shall be known as •Property Insurance*. The insurance carrier providing the insurance shall be qualified to writ. Property Insurano. in Colorado and shall be chosen by Borrower subject to Lender's right to reject the chess carrier for commonable . All insurance policies and is thereof shall include a standard mortgage clause in favor of Lender, and shall provide that the innocence carrier shall notify Lender at last ten (10) days before cancellation, termination or any material °hange of coverage. Insurance polioses shell be furnished to Lander at or before closing. Lander obeli have the right to hold the policies and renewal' thereof. In the event of loss, Borrower shall give prompt notice to the insurance merrier and Lender. Lender may make proof of los. it not made promptly by Borrower. Insuran0e proceeds shall be applied to rator.tion or repair ct the Property damaged, provided such restoration or repair is .canonically feasible and the ..purity of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or it the seourity of thio Deed of Trust would be impaired, the insurance proceeds .hall be applied to the sums ..cured by this Dead of Trus!, with the , if any, paid to Borrower. If the Property is abandoned by Borrower or if Borrower t.il* to respond to Leader within 30 days from the date notice is given in accordance with paragraph 16(Notice) by Louder to B that the insurance carrier offers to settle • claim for insurance benefits. Lander i. authorised to collect and apply the insurance proceeds, at Lender's option, either to restoration or repair of the Property or to the sums immured by this Deed of Truer. Any such application of proceeds to principal shall not extend or postpone the due date of the installment. ret d to in pat.graphs 4 (Payment of Principal and Interest) and 23 (Rsarow funds tor Tax.. and Insurance) or change the amount of such installment.. Notwithstanding anything herein to the contrary, it under paragraph 18 (Acceleration; foreclosure/ Other Remedial') the Property 1. acquired by Lader, all right, title and interest of Borrower any insure... polioses and in and to the p de thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Truer immediately prior to such sale or aoqul.ition. All of the rights of Borrower and Lender hereunder with respect to insurance carriers, insurance policies and insurance proceeds are subject to the rights of any holder of a prior deed of trust with respect to ..id insurance merrier., policies and proceeds. 8. Preservation and Maintenance of Property. Borrower Well keep the Property in good repair and shall not oommit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lam if this Deed of Trust is on a leasehold. Dorrow.r shall pectora all of Borrower'. obligation. under any declarations, covenants, by -lave, rules, or other do uments governing the use, ownership or occupancy of the Property. 0. Protection of Lander'■ s.ourity. Incept when Borrower ha. exaroieed Borrower's rights under paragraph 6 above, it the Borrower tail. to perform the movements and agreement. oontain.d in this Deed of Trust, or if a default occur. in a prior lien, or if any action or proceeding is commenced which materially .fteats Lender's interest in the Property, thea Lender, at Lender'. option, with notice to Borrower it required by law, may make such appearances, disburse such mime and take such action am is necessary to protect Leach'. interest, including, but not limited too (.) any general or special tax.. or ditch or water ..sesemanes levied or accruing against the Property. (b) the premiums on any in.uranae .......0)' to protect any inprovaa.nta comprising a part of the Property, (0) sumo due on any prior lien at enouxbranoe on the Property; (d) if the Property is a leasehold or is subject to • less., all sums due under such less.) (e) the reasonable °met. and expenses of defending, protecting, and maintaining the Property and Lender'. interest is the Property, including repair and malnt casts and exp , cost. and expense. of protecting and securing the Property, receiver's Less and expense, inspection fess, apprais.l fee., court soots, attorney fees and costs, and tees and costs of an attorney in the employment of the Lander or holder of the certificate of purchase/ (t) all other coot. and expenses allowable by the evidence of debt or this Deed of Trust, and (g) ouch other Bests and exp birth may be authorised by a aonrt of competent jurisdiction. Borrower hereby .ssign to Lender any right Borrower may have by f any prior encumbrance on the Property or by law or otherwise to cure any default under said prior .naumbraoe. Any amounts disbursed by Lender pursuant to thin peragr.ph 9,witb interest thereon, Oen become additional 1ndebtednes. of Borrower secured by thin Deed of Trust. such amounts shall be payable upon notice from Lander to narrower requesting payment thereof, and Lender may bring suit to ooilect any &Want. leo disbursed plus interest specified in paragraph 21 (Not., Other Obligations secured). Nothing contained in this paragraph ! shall require Lander to incur any ...pens. or take any ..tion hereunder. 10. Inspection. Lander may make or cos.o to be made reasonable estries upon and inspection et the Property, provided that Lender sh.11 give Borrower notice prior to any such inspection specifying re..oaable cause ter lasted to Lender's interest In the Property. 11. Condemnation. The proceeds of any d or alai. for damages, direct or oon..quential, in connection with any con- demnation or other taking of the Property, or part thereof, or for coay.yanoe in lieu of condemnations, are hereby assigned and .hall be paid to Leader as herein provided. However, all of the rights of Borrows and Lender hereunder with respect to such proceeds are subject to the rights of any holder of a prior deed of trust. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Dead of Truett, with the ex...., if any, paid to Borrower. In the event of a partial taking of the Property, the proceeds remaining after taking out any part of the award due any prior lien holder (net award) .ball be divided berr.en Lender and Borrower, in the same ratio as the meows! of the sums secured by this Deed of Trust immediately prior to the date of taking bears to Borrower'. equity in the Property immediately prior to the date of taking. Borrower's equity in ter. Property ..an. the folic marker value of the Property less the wont of sumo secured by both this Deed of Trust and all prior liens (except taxes) that are to receive any of the award, all at the value immediately prior to the date of taking. If the Property is abandoned by Borrower, or if, after notice by Lander to Borrower that the condemner offers to make an award or settle a claim for damages. Borrower tail. to respond to Lender within 30 day. after the date .00h notice is given. Lender is authorised to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the soma secured by this Deed of Trust. Any much application of proceeds to principal shall not extend or postpone the due date of the installment. retorted to 1n paragraphs 4 (Payment of Principal and Interest) and 23 (Becrow funds for Taxes and Insurance) nor change the amount of such ia.tallments. 12. Borrower Not Released. Rxtanslon of the time for payment or moditia.tion of amortisation of sues ...cured by thio Deed of Trust granted by Lender to any .ucaosor in interest of Borrower shall not operate to release, in any manner, the liability of the original 0nor Borrower's in interest, from the original terse of this Dead of Trust. Lander shall not be required to commence proceedings against such ewe 00000 or refuse to stead time for payment or otherwise modify amortisation of the suss secured by this Deed of Trust by reason of any demand made by the original Borrower's suoceseare in interest. 13. forbearance by Lander Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by law, shall not be a waiver or preclude the .xarei.. of any such right or remedy. The printed peption� this tore approved by the Colorado Real Rotate Commission (TD -72-7-96) r(s) _1/i/..'',,-- Page 2 of 4 Perm No. TD72-7-06.) DRBD Of TRUST (DVB ON 103.18110 • OTIICT) Lender(4) _ __ 1 111111 11111 111111 111111 1111 1111 1111111 III 11111 1111 1111 552352 09/17/1999 04.08P 81181 P253 M ALSDORF 3 of 5 R 25.00 0 0.00 GARFIELD COUNTY CO 16. Remedies Cumulative. Each remedy provided in the Note and this Dead of Trust is distinct from any cumulative to all other rights or ramediee under the Note and this Deed of Trost or afforded by law or equity, and may be exercised concurrently, independently or suooessiv.ly. 15. Successors and Assig.s Bound; .joint and Several Liability; Captions. Tb. covenant. and agreements herein contained . hall bind, and the rights hereunder shall inure to, the respective suoa.00rs and assigns of Lender and Borrower, A11 covenants and agreement. of Berrowar shall 6e joint end 1. The captions and headings of the paragraph• in this Deed of Trust are for convenience only and • . not to be used to interpret or define the provisions hereof. 16. Notice. Except for any notice required by law to be given in another manner. (a)any notice to Borrower provided for in this Deed of Trust shall be in writing and shall be given and be effective upon (1) delivery to B (2) nailing such notice by first -plus U.S. mail. add d to Borrower at Borrower's address stated herein or at such other address. as Borrower may designate by notice to Lender se provided heroin, and (b) any notice to Lander :Mall be in writing ad shall be given and be effective upon (1) delivery to Lender or (2) mailing such notice by first -clams U.S. mail, to Lender's adds■ stated herein or to such other address as Lader may designate by notice to provided herein. Any notice provided for in this Dad of Trust .hall be deemed to have been given to Borrower or Lander when given in any manner designated herein. 17. Governing Law; Severability. The Note and this Dad of Trust shall be governed by the law of Colorado. In the . vent that any provision or clause of this Deed of Trust or the Note conflicts with the law, such conflict .h•11 not affect other provi ' f this Deed of Trust or the Note which can ba given effect without the conflicting provision, and to this and the provisions of the Deed of Trust and Note are declared to be e.verable. 18. Acceleration; Foreclosure; Other Remedies. Incept as provided in paragraph 24 (Tranefer .t the Property, Assumption), upon Borrower'■ breach of any oovenant or agreement of Borrower in this Deed of Trust, or upon any default in a prior lien upon the Property, (unless 600000.0 hes exercised Be rights under paragraph 6 above), at Lender'. option, all of the sums secured by this Deed of Trust shall b. immediately due and payable (Acceleration). To exercise this option, Lender may invoke the power of sal. and any other remsdie. permitted by law. Lender .0.11 ba entitled to collect all .Rele cost. and expanses incurred in pursuing the re..di.. provided in thi. Deed of Trust. including, but not limited to, able attorney'. fees. It Lander invoke. the power of sale, Lender shall give written natio. to Trustee of such .lection. Trustee shall give much notice to Borrower of Borcawer's right. as is provided by law. Trustee e0a11 record a copy of such notice se required by law Trustee shall advertime the time and plca of the eel. of the property, for not lame than tour reeks in • newspaper of general circulation in each county in which the Property is situated, and shall mail copies of such notice of sale to Bo and other persons as prescribed by law. Atter the lapse of such time a. may be required by law, Trustee, without demand on Borrower, .0.11 all the Property at public auction to the highest bidder for .ash at the time and plat. (which may be on the Property or any part thereof a. permitted by law) in o.. or more parcels as Trustee may think best and in such order as Trustee may det.rSime. Lander or Lander.. designee may purchase the Property at any male. It shall not be obligatory upon the purchaser at any snob sale to see to the application of the purchase money. Trost.e shall apply the proceeds of the sale in the following order: (a) to all able ao.t. and asp f the e els, including, but not limited to, reasonable 200.tee'0 end attorney'. tee. and costs of title evidence; (b) to all mime ~ uteri by this Deed of Trust; and (o) the emcee., if any, to the person or per.ens legally entitled thereto. 1f. Borrower'. Right to Cur. Default. Whenever toreolomure is commenced for nonpayment of any .uma due hereunder, the owners of the Property or parties liable h hall be entitled to cure maid defaults by paying ■11 delinquent priooip•1 and interest payments due as of the date of cur., costs, expenses, late charges, attorney'. teas and other tees ■11 in the saner provided by law. Upon such payment, this Deed of True! and the obligation. immured hereby .hell remain in full force and effect as though no Acceleration had ocoated, and the torsoloeere p dings .hall be discontinued. 20. 6.signment of Rents; Appointment of Receiver; Lander in Possession. AS additional saourity hereunder, Borrower hereby assigns to Lender the rut. of the Property; how , Borrower shall, prior to Aooal.ration under paragraph 18 (Acceleration; Poreclosuu; Other Remedies) or abandonment of the Property, have the right to collect and retain such rents as they b.eome due and payable. Lender or the holder of the Trua.e.. certificate of purchase shall be entitled to a receiver for the Property after Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies.), and Miall also be so entitled during the time d by foreclosure proceedings and the period of redemption, if any; and shall be entitled thereto as amatter of right without regard to the solvency cc insolvency of Borrower or of the than owner of the Property, and without regard to the value thereof. Such receiver may be appointed by any Court of competent jurisdiction Upon .x parte application and without notice - notice being hereby expressly waived. Upon aca.l.ratien under paragraph 10 (acceleration, Tarsal ; Other Remedies) or abandonment of the Property. Lender. in person, by agent or by judicially -appointed receiver, .0.11 be entitled to enter upon, take po ion of and nan•g. the Property and to ooll.ot the rants of the Property including those pest due. A11 rents ooll.oted by Lender or the r.osiv.r . 6.11 be applied first, to payment of the costs of preservation and management of the Property, s.00nd, to payments due upon prior liens, and than to the sum. 0.mured by this Deed of Trust. Lender and the receiver shall be liable to account only for thole. rats actually received. 21. Release. Upon payment at all sums • our.d by this Deed of Trust, Lender .hall o•we. Trustee to release this Deed of Trust and shall produce for Trustee the Not.. Borrower shall pay all costs of recordation and .hall pay the statutory Trustee's fees. If Lender shall not produce the Note am at id, then Lender, upon notice in accordance with paragraph 16 (Notice) from Borrower to Lender, .hall obtain, at Lender.. expense, and file any lost instrument bond required by Trustee or pay the cost thereof to effect the c.leeee of this Deed of Trust. 22. Naive, of Exemption.. Borrowe1 hereby waives all right of hemast.ad and any other exemption in the Property under state or federal law presently existing or herestter enacted. 23. 6.arow funds for Taxes and Insurance. This par..r.ph 23 is not applicable if funds as defined below are being paid pursuant to • prior encumbrance. Subject to applicable lar, Borrower shall pay to Lender, on eaoh day installment. et principal and interest payable under the Not., until the Not. 1. paid in full, a sum (herein referred to as 41uadss) equal to N/A of the yearly tames and meats which may attain priority over thi. Deed of Trust N/A of yearly premium inetellm.nte for Property Iasurano., all as reasonably esti:meted initially and from time to time by Lender on the bads of amens and bills and able estimates, thereof, !.king into account any excess Fund. not need or shortages. Tho principal of the Fund. shall be held in a ..paste account by the Lender in trust for the b.n.f 10 of the Borrower and deposited in an institution the deposits or account. of which are insured or guaranteed by a t.d.ral or •1.t. agency. Lender shall apply the lands to pay maid taxes, sweats and insurance premiums. Lender may not charge for b holding and applying the Funds, analysing said account or verifying and compiling said •menta and bills. Lender shall not be required to pay Borrower any interest or earning. on the Fund.. Lender shall give to Borrower, without charge, an annual accounting of the Fund. .bowing credits and debits to the Funds and the purpose for which each debit to the Funds wen made. The Fund. are pledged as additional security for the soma secured by this Deed of Trust It the amount of the Funds held by Lender shall not be sufficient to pay taxa., ..ants and insurance premium. as they fall du.. Borrower shall pay to Lender env amount . 0••sary to make up the defioianoy within 30 days from the date natio. is given i. accordance with paragraph 16 (Notice by Lender to Borrower requesting payment thereof. Provided ho if the loan secured by this Deed of Trust 1. .ubj.ot to RBBDA or other law. regulating 1.eres account., such deficiency, surplus or an other required adjustment shall be paid, credited or adjwetad in compliance with such applicable laws. Upon payment in full of all sums secured by this Deed of Trust, Lender 80.11 .imultan.oesly refund to Borrower any Fund. held by Lander. If under paragraph 10 (acceleration; Foreclosure; other R.m.diam) the ty is sold or the ty 1m otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the .de of tb. Property or its acquisition by Lender, whichever 000000 first, any Fund. held by Lender at the time of .pplio.tien ae a credit against the Sums ..cured by this Deed of Trust. 24. Traast.r of the Property; Assumption. The following .vents shall be referred to herein as a •Tr.nsfers; (i) • transfer or oo.v.yance of title (or any portion thereof, l.g.l or equitable) of the Property (or any pert thereof or interest therein), (ii) the .seoutien of • contract or agreement crating a right to title ( or any portion thereof, legal or equitable) in the Property (or any part thereof or intereat therein), (iii) or an agreement granting • The printed portions of this torn approved by the Colorado Real Estate Commiaion (2072-7-116) No. 11)72-7-f6.,,D1iD.}1T TRUST (DUE ON TRANSFER - STRICT) borrower(*) Page 3 of 4 Lader(s) 1111111 III11 IIII111111111111111111111111111111111111111 552352 09/17/1999 04:08P B1151 P254 N ALSDORF 4 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO po ry right in the Property (or eny portion thereof), in eao..e of three (3) year., (iv) a sale or tranrear ot, or the execution of • contract or agreement creating a right to acquire or receive, sora than fifty percent (50%) of the controlling interest or more than fifty p.rcect (50%) of the benatioi.l interest in the Sorrow.r, (v) the reorganisation, liquidation or dissolution of the Borrower. Not to be included es ■ Transfer are (i) the creation of • lien or encumbrance subordinate to this D..d of Trust, (ii) the oration of • purchase money security intersst for hnusahold appliances, or (iii) a transfer by devise, closeout or by cremation of the law upon tbm death of • joint tenant. At the el.otion of Lender, in the event of mach and ovary Transfer, (a) A11 sums ed by this D..d of Trust shall becoae immediately due and payable (Acceleration). (b) It a !remoter occur. and .bould Lader not exercise Lander's option pursuant to paragraph 24 to Aoo.lerate, Tran.t.r...hall I. deemed to have assumed all of the obligation. of Borrower under this Deed of Trust including all .ams secured hereby whether or not the instrument evidencing ouch yace, contract or grant ..preasly .o provides. Thia oovaat shall run with the property and remain in full force and .flat until said mune are paid in full. Th. Lader may without notice to Borrower deal with Transform' in the sue manner as with the Borrower with refers... to said sums including the payment or credit to Trast.rae of undisbursed rosarva Funds on payment in Lull of said sums, without in any way alt.riag or discharging the is liability hereunder tor aho obligation. b.r.by ..cured. (0) Should Lender not elect to Accelerate upon the 000uraoo of such Transfer then, subject to (b) above, the mere tent ot laps* of time or the aco.ptaoo of payment .ubs.quent to any of ouch .vents, whether or not Lender had actual or oontruative notice of .nob Transfer, shall not be doomed a waiver of Leader'. right to make ouch election nor shall Lader b. ..tapped therefrom by virtue thereof. She isauace on behalf of the Lander of • routine statement showing the status of the loan, whether or not Lader had actual or oon.truotive notice of such Truster, shall not be a waiver or estoppel of Lender'. .aid rights. 25. Borrower's Copy. Borrower acknowledges receipt of a copy o! the Note and this Deed of trust. SORRON5R(5)1 DANGLING ROPE CONTRACTORS, INC. G'7 BY: CAROL LYNN Y, SECTARY -TREASURER STATIC of 0—bLL3'20' 1D ) )sae COUNTY 07 The foregoing instrument was acknowledged b.foro me on chie day of August 26, 1999 CAROL LYNN KEY, SECRETARY -TREASURER OF DANGLING ROPE CONTRACTORS, INC. witness my had and ofaiccial .cal. wy commission expires: 1_6.. 1,2.1.c=0.0.-4 ,�0� Ci,LQ,7 �� C err public r%.�,' NOTARY =_ 9' PUBLIC • le`? Than priatad portions of this fora approved by the Colorado R..1 ..tat. Commission (T072 -7-5e) No. 71072-7-26.4 011007 TRUST (DUI ON TRANSF1R - STRICT) Borrower(.) r F.9• 4 of 4 Lender(s) _� 111111111111111111111111111111111111111 III 11IA 11111111 552352 09/17/1999 04:08P 81151 P255 M ALSDORF 5 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A A TRACT OF LAND, BEING THE NE1/4 OF THE NE1/4 OF SECTION 31 AND A PORTION OF LOT 10 (SE1/4 SE1/4) IN SECTION 30 ALL IN TOWNSHIP 7 SOUTH, RANGE 94 WEST OF THE 6TH 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 NE1/4 OF THE NE1/4; THENCE N 89 DEGREES 42'35" W 1250. 48 FEET TO THE SW CORNER OF SAID NE1/4 OF THE NE1/4, 01 THENCE N DEGREES 09'38" 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 301 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 FOOT NON-EXCLUSIVE UTILITY EASEMENT RUNNING ALONG THE WESTERN BORDER OF THE PROPERTY TOGETHER WI.TII A 30 FOOT NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS T0. 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 said SE 1/4 of the SW 1/4; thence S02°44'351'E 858.99 feet to the point of beginning, containing 48.60 acres, more or less. TOGETHER WITH ALL WATER AND 'WELL RIGHTS ASSOCIATED WITH THE SUBJECT PROPERTY, INCLUDING BUT NOT LIMITED TO ALL WELL EQUIPMENT AND APPURTENANCES ASSOCIATED WITH PERMIT NUMBER 95006 and 2.9 CUBIC, FEET OF WATER PER MINUTE OF TIME FROM THE CAMP BIRD DITCH. C • S89'32'54 E 1265.09' trucitEIVE0DotiLJUL)\41tu.LB 2000 1/410 5ca- tom,' - iu, ,,c s-� � i 015 SO4•32'2rF 61.94' '09'38' N' 2 - cariW ''7 • Found BLL/ A Juin. Cap .2 et 5/8 dia. rebar with 2 1 dia. cap Stamped S'30 1997 LS 9009 S31 • ree 1/4 Cil v 4O c 41, v v co 29 31 32 Single family re .x r nce.:: •"• .::'.'- -- u Qsw/de1d ,y•ekoto A era ...i.--- Z.d l • t- rebar wi. .N 1/s 7ped co 2 19 LS •t• 1 N89'42'35" IT Approx. alignment of arrsgation ditch Par8isa1l flume, 1 4rt`''�gC r ,'rte?` k��} <+; v;, 4 1!)-I93 X7$ 09//1ISS 11:21A PC 1 CF 2 [I MUM ALX GARFIELD MITT OM AND ABOJ DER 11.00 1IW DIED. nab IW Aniktirt DIM) 24th *Nat SRPTONRRR !!. lMnii ROOM V. SRICxSQI - d the P Cariatyte Nashinaton ail Nabs d Saar ROBERT R. SMITH AND NAOMI-R. BP INK 71N 10., TNeM. 1ATN INA RION" OP IINVIYNIIMIlP, ohms bilisNaank P. 0. 110o<' i92,• SILT, Co 81652 aiam ted GARPIRLD Lod Nob al leisear, polies pprassi .UM 1M polar taroil hmaidealisadlMw,d •8111111 NNUMS OD OHM NNS Ar MAIM, OIgIQATIOW** r mkt an wd.+a.i+s Y arm admanisenb lir parka, WWMMM, odd ran i qi1, any Naw puma M /m4 Took ark mow W .bink mar gam NY kir w Min hr., it r Nal Nva mann wM rnmirbr, N kr, Mak w •r w bs Oa nnwa( • OARPISLD tea Nam alOdmd.aswi.o)asMrs DOC 2.50 AN tRIDIVIDRD O I$ -NLP INTRUST IN AND TO TNR PttOPERTT DlSC1lIUD XIRXHISIT *As ATTACiRD HERETO AND PORMINO A PART NRREOP Mbuss yr ssrwaraserat 7001011.0 ala aN ass srgrrr r liesamnsn'..a aAseriabrme meas aWmar r I mire ra mrri.i w rA. bmNaw m ions. liar as/ mi r., NM -. w pair km; W al r awe, 88141.sa► bsnwrl ilr w ammo) narwar a1 0a.: /mlmsibrirnrwen* 1%aNMr.Yswi rpkal penaka Nib kr biesibmais—wninrhbsmn. 70 OM AND TO NOLO r nal pone +®. hnpni a ... miss bleb r agrimmrk am r g.mq li Nib M .mipt Mrrr. Aso) Or yamm, Ir N • -, w Nniik w pmad nombimiar d msarr, pm, Quip* arl./r Is an mal r. /mmr W bill. aro) El•js. M • r ren• al r arad ka w aasq d sire mum be is wdl .w at r pure Mee .e•qd r N.ri1 ain.r M.. Nanrrll w bso)rrwir arm r Wrsrrk i t■ . bs ir.rrak w Ye pal Mi. Y easar w kaki aiiMte se pr book mo) an aim+ r ma i aur an km ler MEM w w r run are b. w Mr tram all Nem mo) sir /NM i4rk wbsk Num ..mrmrrwbmlrrmrwwr.wrMrra,rarm.,Mer, q.nral tams and assents for the year: 1996 and ,subsequent -.years, p.' S. Patent reservations, any and all prior mineral raervations, easements, rights of way and restrictions, of record sir mats: Y ad lei MERANT AMD KIROVI0 MOM r duan it iiso) pair bs she Elio w.mmdir Nirmirlar al r gram'': Yr ben all Mei anus dl so)rem a pear rldy' *Make r .illi r a+ pa Mak The Nairn man OM bsria r bait : r/iisdrNaNrr Male rrerr psis MIND knob* rdpso)ra MI1�rismor sspmmrrgramme Obi Mo) as r Mai nth abaft V. ERI .a►sa. y FIL Ceram/ w.hin=toa R Tb.Imp* imrsisl... admm1a44 rine abs alb SI BUMS V. =RICPi Y/wmsid+asriws''t - 1 OPPICIAL SEAL c_1_. 4841011100 NOTARY PIAL10,088110081 NN10M Nmie�N J w MON nON *R sw • CswiarirwiM . No. Naoao7! ae Wham wham. awl Midi akat 40%64: #.4 A. 498857 B-993 P-577 09/28/1996 11:21A PG 2 OF 2 EXHIBIT "A" A PARCEL OF LAND LOCATED IN LOT TEN (10) OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 94 NEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COtCING AT THE 8E1/4 CORNER OF 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' NEST 1314.06 FEET TO THE NEST LINE OF SAID LOT 10; THENCE NORTH ALONG SAID WEST LINE 1268.20 FEET TO THE NORTHWEST CORNER OF SAID LOT 101 THENCE SOUTH 89.33' EAST ALOIq 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' HAST ALONG RAID BANK 41.74 FEET TO THE PROJECTION OF A NORTH -SOUTH FENCE; THENCE SOUTH 04.33'30" EAST ALONG SAID PROJECTION AND THEN ALONG RAID FENCE 459.11 FEET TO AN ANGLE POINT IN SAID FENCE; THENCE SOUTH 13.08'10" EAST CONTINUING ALONG SAID FENCE 143.90 FEET TO AN ANGLE POINT IN SAID FENCE; THENCE SOUTH 06.35'10" EAST CONTINUING ALONG RAID FENCE 655.75 FEET TO THE POINT OF BEGIIAIING. TOGETHER : WITH : A PERMANENT, NON-EXCLUSIVE EASEMENT BEING TWENTY (20) FEET IN WIDTH, OVER, ALONG AND ADJACENT TO THE NORTHERLY BOUNDARY LINE OF THE FOLLOWING DESCRIBED PROPERTY: ALL THAT PART OF THE SN1/4811/4 AND THE SE1/4 SW1/4 OF SECTION 30 AND THE NW1/414E1/4 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 SW1/4811/4, 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 1/2 R0)S TO THE POINT OF BEGINNING. FOR THE PURPOSE OF CONSTRUCTING AND USING AN ALL-WEATHER ROADWAY FOR INGRESS AND EGRESS FROM GARFIELD COUNTY ROAD 320 TO AND FOR THE BENEFIT OF THE ABOVE DESCRIBED PROPERTY. ti Recorded at -.P''/:" "l o'clock-- .-M Rece.tion No 261879 F�'74 6i.. t e... ,t Recorder. F GE day of February • In the year of THIS INDENTURE, Made this p our Lord One Thousand Nine Hundred and..-��-elrentY your , between Eugen.�%.••Q•R•• •Erickson and Marilyn. B.• Erickson whose street address is City or Town or New Cantle County of Garfield and State of Colorado, part...ia.a... of the first part, and the Public Trustee of the County of. ..Garfield in the State of Colorado, party of the second part, WITNESSETH: THAT WHEREAS, the pert i5.5 of the first part have executed t...h.e-ir •Promissory note principal sum of bearing even date herewith, for the Dollars S..i*...Thaua.and....sind...00.�f 1.00----=•r payable to the order of Charles ..-MQrgan...Smi.th in....36....e.qual., consecutive..- .monthly ins.tallmenta.-.lo.f...-$188-..02.•..each,....firs.t.--payment due March19.74, inaMMXXIMIXEM with Interest thereon from date until J••-.•include.d.-..in-..te.ach.--.payment•- maturity at the rate of ---E-•- per cent per annum, interest AND WHEREAS, The said part....ie$.. of the first part are...: desirous of securing said promissory note NOW THEREFORE, the said part Lea. of the first part for the purpose aforesaid, do hereby grant, bargln, sell, and 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 West of the 6th P.M., more particularly described as follows: Cotnrrencing 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°08'10" E. al°ong said fence 143.90 feet to an angle point in said fence; thence S. 0 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 thereon, then upon the beneficiary hereunder filing notice and demand, It shall be lawful for said Public Trustee to f llesaid property 11 tray in in the front door the manner provided by law for cash at public auction In the State of Colorado, upon advertising notice the County of Gar. ield 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 er rst ng and all fees, adadvanced forld, and out taxes, insurancef and assessments, or os of such ln anyt priotr encumbrance, with Interest thereon, to pay the principes and costs, al andnd Interest due on said note rendering the overplus (If any) unto the said part .ies of the first part, . t h eir legal repre- sentatives or assigns and the said beneficiary may purchase said property or any part thereof; t them.sel.. yes .. , their heirs, executors and administrators, And the said part.i,e.�f the first part, for are well covenant and agree that at the time of the ensealing and delivery of these presents, t hey 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 an undivided one-half interest in and to all oil, gas and other minerals lying in and under the property. and that t ..h.ey will keep all buildings Insured for the insurable value thereof, with loss payable to said beneficiary, and will pay all taxes or assessments against said property, and any amounts due or becoming due on any prior encumbrance, and if a release be 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 preach of env of the covenants or agreements herein, then said principal sum hereby secured - and Interest thereon may at the option of said beneficiary become due and payable at once, anything in said note to the contrary notwithstanding and possession of said property have hereunto set th it will thereupon be delivered to said beneficiary. -hand 5 and IN WITNESS WHEREOF,.The said part..ie8 of the first part g F:..... seal...8 the day and year first above written. ............... `F / /_-, 1..e.147,1.....,/ WITNESS: t.ftf17, • II 4�,., ,, ©7 . 1.7, g, ,�� : 1 i i, . "' ' . .. STATE OF COLORADO, County of Garfield The foregoing instrument was acknowledged of February , 19 74 I3y... Marilyn B. Erickson Eugefie V. Erickson MarilynB 3. v. (SEAL) (S% -AL) (SEAL) kson before me this /4L., a Eugene V.....Er.ickson and WITNESS my hand and offl5lal seal. r �. /c — , My commission expires.......; _- /�, ' -.-• . i '� •r C'_eK. `:.iFACE R6 OQ 7 k...rded at Reception No G1876 M CHARLES MORGAN SMITH whose address is Brighton County of Adams• FEB 2 1 1974 , 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 New Castle County of Garfield , and State of Colorado the following real property in the County of Garfield and State of Colorado, to wit: Recorder. STATE COCUMENTARY'FEE FEB 21 1974 A parcel of land located in Lot Ten (10) of Section 309 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 Nib 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 as angle point in said fence; thence S. 13°00'10" 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 1 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, ss. County of <"f -rY11 HARi ES MORAN S The foregoing instrument was acknowledged before me this �,,da3t,gf„� February /...(7 , 19 74 , by Charles Morgan Smith. � s, 1 M r .Commission expires - 7 ` - f / 7 - �w�,- 1 '•'C \ Wiiiess "my hand and official seal. a f yl� .a P$ r,.snr fnty.�r9.diCnowniedpment.—If by natural person or persona here insert name or names; it by person acting to representative or �•'fl'sofficial capacity or 1311 attorney -In -fact then insert name of person as executor attorney -Ln -fact or other capacity or defscrip- 11 tion; If by officer of corporation then Insert name of such officer or officers as the president or other officers of such nor- poration naming It. Notary Public a. . 9 r r,r1' Reception NO ?.7695 Recorder. M;.irch in the year of our Lord one thousand nine hundred and sixty-seven between .TOE B. GONZALES and GENARA S. GONZALES of the County of Garfield and State of Colorado, of the first part, and CHARLES MORGAN SMITH of the County of. Ada.rris and State of Colorado, of the second part; WTTN1:SSh,TIT, That the said part iris or the first, part, for and in consideration of the sum of Ten Dollars and other rood and valuable consideration,. NoKm to the said part ies of the first part in hand pairs by tire said party of the seennd hart, the receipt whereof is hereby confessed and aelcnowl',c]ged, have granted, bargained, sold and eon_ veyell, and by these presents do grant, bargain,'se11, eonvev and confirm unto the said part y of the second part, his ' heirs and assigns forever,•all the following deseribecl lot or parcel of land, situate, lying and being in thee 'County of Garfield State of Colorado, to -wit All that part. of the SWSE4, and the Sr_.,5wl'- of Section 30 and the NW4Nr: { and the 'TE;INW1 of Section 31, all in Township 6 South, Range 94 West of the 6th P. M, described as follows: Beginning' at the Southeast ccorner of said SW,ISF ,� thence North a distance of 52 rods; thence West a distance of 120 rods; thence South a distance of 65 1 a distance of 120 rods thence�, /� rods; thence East North a: distance of 13 1/3 rods, to the point of beginning; Also, Lot 10 of Section ;0 and NE NE 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 o,,vned by said parties of the first part in and from the Stray 1-Torse Ditch: Reserving, however, to said 'parties of the first part, an undivided • one-half (1/2) interest in and to all:oi1; 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, maasibialei N0. 832. WARRANTY DEED, —Bradford -Robinson Pts. Co„ Mfrs. Robinson's Legal Blanks, 192446 Stout 9t.. rlenvr. G>:ora•::, TOOETIII;II with all and singcilar 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 ies of the first part either in law or equity, of, in andto the above bargained premises, with the hereditaments and appurtenances. TO IIAVE AND TO IIOLD the said premises above bargained and described, with the appurte,, nnnccs 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 there sel ves, their heirs, eleeutors and administrators, do covenant, grant, bargain and agree to and with the said party of the second part, his hairs 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, sura, simple, and ha 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 and clear from all former and other grants, bargains, sales, liens, taxes. assessments and incumbrances of whatever kind or nature soever, except mineral leases, easements and rights-of-way of record and except also taxes for the year 1967, due in 1968, perfect, absolute and indefeasible estate of inheritance .in law, in fee the quiet and peaceable possession of the said part y and,. the above bargained premises in of the second part, heirs and assigns, against all and every person or persons lawfully claiming 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 WHEREOF The saidart lea •. P , of the first part have hereunto set the>_r, `' • and seal s Joe 1 Gonzales [SEAL] t ti� lilc [SEAL 2`';� Genara S. Gonzales [SEAL] [SEAL] 'Tie foregoing instrument was acknowledbefore ged me this / •i day of la,, f by"k JE,B. GONZALES and:GENARA S. GONZALES. wilt i`i1 , t t" .•z ` • a, . t .•.''" n4i3Y 141#4 and official seal, ? \‘934,44113,,,, oI miasioa`expires Ji /..", 3 w/ ' t r ;e+ moi' ' . i' �.�� '""'""....„ t �% ��Mr���N�. \5.1,,,,:i...�,,. ,� .moi /tiff t/ F'e �atur�l person or persona here Insert name or nameet {f filif[t!tl nitoaexrtname ofexecutor,by - capae ncity acting to t'eprionn;i tine or icer of capacity or na attorney. , - T person he idem ertother-fact, or suotch orp rati or naming. !f h ofticer of corporation, then Insert f i o0, . ; officer or ofticere, ae the president or other officers of such corporation, namlag 1t. y Notary Public. Book 439 Page 252 Recorded at a:.I.Q o'clock A..M., %Ts?,K11lst ..2......1973 Reception No 256526 Ella Stephens ,. Recorder. THIS DEED, Made this 1972 , between of the 28th , day of December, CHARLES MORGAN SMITH 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 ld and State of Colorado, of the second part; RECORDER'S STAMP JAN eac3 7973 0 r �l and not as WITNESSETH, That the said part y of the first part, for and in consideration of the sum o Ten Dollars and other good and valuable consideration p•e•c•c •.q4 . 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 conveyed and by these presents do es grant, bargain, sell, convey and confirm unto the said part i e 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 Ian 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 NW4NE4 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 hank 172.52 feet to the east line of said Sec. 30• thence • • • 4 1 No. 832. WARRANTY DEED.—Bradford Publishing Company, 1R21-16 Stout Street, Denver, ('oluradn 3-70 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 iTheirs and assigns forever. And the said part y of the first part, for him sel f hi eirs, executors and administrators, doe covenant, grant, bargain and agree to and with the said part ie 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 .a11 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 437, and any assignments thereof. and the above bargained premises in the quiet and peaceable possession of the said part le s of the second part, the 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 part y 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 �/ l .� `/ '/ [SEAL] Charles Mor an Smith [SEAL] [SEAL] [SEAL] STATE OF COLORADO, County of Adams , The foregoing instrument was acknowledged before me this 28th day of December, Charles Morgan Smith. S 1VIileAdmmiissiofiexpires September 2, 1974. r,� ? Witne.,so my, hand and official seal.• L Notary Public. •If by natural person or persons here insert name or names; if by person acting in representative or official capacity or es attorney- in-fact. then insert 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. r 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 41-)-; September 13, 2000 Via Hand Delivery Mark Bean or , - ' Kit Lyon 1P p Garfield County Building & P1an g Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RECEIVED SEP 1 3 2000 -?0. PARK AVENUE PROFESSIONAL BLDG. 121 NORTH PARK AVE., SUITE B MONTROSE, COLORADO 81402 (970) 252-0180 VOICE/FACSIMILE Sender's email: mham@sopris.net k 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 6th 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 I UPT, P.C. M rk E. - . milton MEH:nll Enclosure cc: Wayne Wells Kent and Carol Schluter WELLS-Bean-ltr-1 6691 County Road 309 Parachute, Colorado 81635 15 Sept 00 Mr. Mark Bean, Garfield County Planning Department Garfield County Commissioners 109 E. Eighth Street Glenwood Springs, Colorado 81601 Gentlemen: I am opposed to the Schluter Exemption Request to be reviewed 18 Sept 00. First and foremost, there is a dangerous precedence being proposed: to allow previous exemptions to be revisited to allow the full four divisions at a much later date. Further, it appears the fourth division of the parent property occurred when Elaine (Allen) Johnson split off and sold the 38 -acre property in Aug 99 to Mr. Schluter. Also, full_ notice was not ,given since Leo Gonzales, mineral rights owner, -is notlisted. -This property should follow subdivision requirements. The staff information and comments are of concern to me. The information contained appears inaccurate. The acreage is 38. So far there have been no easement "negotiations" for DJ Road. The pond held water consistently when Gonzales' owned the property but the pond was damaged during reworking around 1974 and after that held water only a few days. It may "exist" but not for fire protection yet since the bentonite sealing and dry hydrant are future possibilities. The school district for this property should be Parachute not Rifle. The Gonzales' mineral rights owner is not listed as contacted. Why present comments as fact which are not accurate? Also in the staff comments, there appears to be some concern by public agencies which are not yet addressed. The GVFPD was expecting the rest of a "subdivision proposal" in their original letter, since they were unsure of access and egress, and the number of parcels. The Sheriff's Department also stated they were unable to comment since information was lacking. Mr. Lyon's response that 309 Road would be access is not fact at this time and this inaccuracy may alter the Sheriff's comments. The staff comment the water wells in the area have adequate yield is false. The Robinson well inadequacy was one reason for denying an exemption previously. This year ditches and wells went dry early. There has been concern of overuse of area aquifers for years. Mr. Schluter's letter explaining his request for exemption is also inaccurate. The gas well "law" changes have been at issue here for a long time. He purchased the property knowing Johnson (and Gonzales) held the mineral rights to this property. Selling the land "before that becomes a problem" was a mute point the day he purchased the property. "Two more homes on this piece" when there would be only one additional home means nothing in terms of the acreage available for gas well spacing. The statement neighbors are better than gas wells is unfounded. He states gas wells may be very damaging to property values and water conditions. Extra dwellings and people can do the same. The substantial tax raise in Mr. Schluter's property is because of his new purchase. Selling off the land will most likely increase taxes in the area on a unit basis. The fact it helps pay off part of the property and give them greater financial stability has no merit in consideration of an exemption. Lastly, "two" more homes (proposed is one) creating more firebreaks is disingenuous. The "creeks"dividing the land are irrigation ditches which often run dry. The well permit limits to household use. Additional people and traffic seem to be more fire hazard not less. People have been responsible for the major fires in the area in the last two decades. The staff recommendations are prepared ahead of time and have inaccuracies, yet they still state, "The proposed exemptions has been determined to be in the best interest of health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County." A full subdivision proposal is the appropriate course for this request, and the requirements derived from the subdivision review should be in place before approval. This is the procedure which is in the best interest of Garfield County's citizens and future. Sincerely, (Ms.) Marion J. Wells