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HomeMy WebLinkAbout1.0 Application• • BEFORE TUE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned__________`_ ^_ cateitCtAIC, Q. 1vb/tk respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 1cre tract of land into 2— tract:s of approximately 2 C) acres each, more or less, from the definitions of "subdivision" and subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations _J for fi'i- £ the reaasons stated below:Std+ eCctie ,1 rt l.w. , w dire S 1 1 et Pe- tij1- 1 _GCJ4 col j 41 a Ac m t r f (-► i. f o ,, ger- T-44, SUBMITTAL R E UIRL'MENTS: i An application which satisfies the review criteria must be submitted with all the following information. A. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension and area of a1.1 sots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; B. Vicinity map at a minimum scale of 1"-2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by: the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and e,. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and 11. Narrative explaining why exemption is being requested; and . I. It shall be demonstrated that the Marcel existed as described un January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as 11 existed on January 1, 1973. J. A 100.00 fee must be submitted with the application. 0 PI .c cwt s CCG F/c f 1 ✓G�� y Petitioner _asp 6 Coa.� � (� � 3 Z3 Maq.i ny Adress CO tits© City State 303 - 6.&s- 3/2 6 Telephone Number EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additonal factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State 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, at. the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right -of --wiry and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal Lo serve each proposed lot; and E. All state and local environmental health and safety requirements have been met or are in the process of being met; and F. Provision has been made for any required road or storm drainage improvements; and G. Fire protection has been approved by the appropriate fire district. H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. (The School Impact Fee is $200.00 for each new lot created). PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield Country Department of Development/Planning Division. Two (2) copies of the application, maps and supplemental information shall be submitted. B. The Planning Division shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shalt occur within fifteen (15) days of submittal. • • C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Division. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedure in these Regulations. GARFIELD COUNTY APIATION FOR BUILDING PERMIT 1111 PERMIT NUMBER 1 19 please print_ or type DATE TO BE FILLED OUT BY APPLICANT 1 DDRESS 030 2 1 1 UBDIVISION TILING // LOT /T PAX SCHEDULE # BLOCK # i,EGAL (SEC/TWN/RNG) •VAP!E 01- ON 0- vs, 'TAILING ADDRESS 'TTY 4 „ i.'1617C. c)'/3y 0'4 Qy, D.... n 5 S SI, L+L -,t lJ S C. c± c� S r e. , r e. k 1 1:? l,5 dtiI��i(. t, Sr,rl 1)ctw, cL 0610 PHONE cp— PLOT PLAN PJOTE: Show easements, property line dimensions, all other structures, specify north, and street name. For odd shaped lots, or if space is too small, provide separate plot plan. 11 OF BUILDING;; NOW ON PARCEL USEOF BUILDINGS NOW ON PARCEL / SINE 1 DDRESS CITY AME I T)DRESS 'TTY' TIONE LICENSE l{ CLASS OF WORK ALTERATION H REPAIR HOME (make/model ) BUILDING q,8®¢1 ')ORS ,Z ITILY UNITS USE OF BUILDING ADDITION MOVE----- S.F. OF LOT HEIGHT # OF BEDROOMS SINGLE DBL CARPORT: F, SINGLE DBL DOCUMENTS ATTACHED TPPLY e C( PERMIT c11517 1N PLANS ' SEWER CLEARANCE AV/4 SEWAGE DISPOSAL PERMIT AJ/k 'CTIMENTS (specify) !!l /L7//t/ I;E $ �gr(. OVPLAN CHECK FEE $ r $ 95 r' . SCHOOL, IMPACT FEE $ ]r • 'ITT ISSUED • t ' TSTRICT FRONT PROPERTY LINE STREET NAME/ROAD NUMBER CHECK IF CORNER LOT DESCRIPTION OF WORK PLANNED C edetic l U C_ 5 . cle Ct— �t' `l J f' r I hereby acknowledge that I have read this application and the above is correct and I agree to comply with all county ordinances and sate laws 3p7Pdnrhp1din construction SIGNATURE FOR OFFICE USE ONLY // /) OCCUPANCY CONSTRUCTION V !;UI LDING 7 / / Z S .F . OF LOT 't' 1/,g r, , ;IIT --+ / 9 e ROAD CLASS. FROM PROPERTY LINE: FRONTAL)/7, L RIGHT C� C EFT "T PARKING SPACES REQUIRED BUILDING DEPAR rME FLOOD HAZARD CERTIFIED BLDG ELEVATION SPECIAL CONDITIONS PROBLEMS WITH PERMIT ADDITIONAL INFORMATION NEEDED CERTIFIED BY COLORADO REGISTERED LAND SURVEYOR OR ENGINEER /r��etie c PLANNING DEPART ENT DATE VAUGHAN, TED L. & HILDA M. 0259 320 RD. RIFLE 000259 320 ROAD CO 81650 047 270458 2175 303 00 150 30-6-94 A TR. IN S1/2 BEG. AT THE SW COR. OF SEC. 30 BK 0677 PG 0970 BK 0662 PG 0524 1112 C? Y 1212 C? Y PRE SCHED TOTAL VALUE ASSESSED 06/30/90 LST CHANGE BUXTON, WARREN H. & CHARLES K. SARVER, EDITH E. 3055 TRINITY DR., #626 LOS ALAMOS 3730 21570 270236 $25,300 04/19/91 NM 87544 7.76 OAC 0.00OAC OSQ OSQ 027 270459 2175 303 00 151 OUN OUN 30-6-94 LOTS 6(17.75AC), 7(12.00AC), ALSO A PORTION N1/2SW1/4SE1/4 & N1/2SE1/4SW1/4. EXCEPT 7.76 AC. DESC. IN 677/970. BK 0663 PG 0629 BK 0532 PG 0774 BK 0365 PG 0446 BK 0179 PG 0218 4117 C? Y 4147 C? Y 4167 C? Y PRE SCHED 4810 60.000AC 120 62.490AC 10 6.400AC 270236 TOTAL VALUE $4,940 ASSESSED 06/30/90 LST CHANGE 04/19/91 MAHAFFEY, GARY LEE 1/2 INT. MAHAFFEY, LYLE LEON 1/2 INT. 4947 ROAD 309 PARACHUTE CO 81635 OSQ OSQ OSQ 026 260145 2173 253 00 003 OUN OUN OUN 25-6-95 PT OF LOT 1-3 & S1/2SW SEC 36. LOT 2 & PT OF LOT 3 MEANDER LAND IN NW1/4 BK 0510 PG 0707 BK 0775 PG 0320 BK 0775 PG 0330 BK 0797 PG 0883 BK 0797 PG 0885 4147 C? Y 5120 C? Y 230 113.900AC 3630 25.000AC TOTAL VALUE $3,860 OSQ OSQ OUN OUN ASSESSED 06/30/90 LEMON, WALTER B. & ROBERTA A. PO BOX 572 RIFLE 411 • LST CHANGE 04/19/91 CO 81650 027 270268 2173 254 00 004 ASSESSED 06/30/90 SAHULA, PETER 0099 KNIGHT RD. BASALT, 25-6-95 SEC 36 NENE LOT 1 SEC 25 PT OF LOT 4 A TR OF LAND SITUATED IN SE & SEC. 36 NWNE CONT 55.7 AC. EXCEPT .24 AC. LYING IN NE COR DEEDED TO HWY DEPT. 4117 C? Y 4127 C? Y 4147 C? Y 2710 140 250 26.150AC 6.600AC 126.260AC OSQ OSQ OSQ TOTAL VALUE $3,100 LST CHANGE 04/19/91 018 180008 2175 301 00 153 CO 81621 OUN OUN OUN 30-6 TR. ON LOTS BK 07 BK 07 BK 07 4167 C? Y 4147 C? Y PRE SCHED PRE SCHED -94 & 6-95 2,3,4,5,8 & MEANDER IN LOT 1 38 PG 0152 39 PG 0306 38 PG 0156 60 32.800AC 150 73.340AC 018003 & 018006 260122 TOTAL VALUE $210 ASSESSED 06/30/90 LST CHANGE 04/19/91 POTTER, SAMUEL BERT JR. 0598 CO. RD. 323 RIFLE CO 81650 000598 323 ROAD OSQ OSQ 027 270280 2175 312 00 028 OUN OUN ASSESSED 06/30/90 31-6-94 SEC. 31 LOT 1 & PT OF NENW & NWNE & SEC. 30 PT OF S1/2S1/2 BK 0402 BK 0777 BK 0788 4117 4147 4277 4279 C? Y C? Y C? Y C? Y PG 0175 PG 0242 PG 0560 4370 170 15620 1630 TOTAL VALUE $21,790 LST CHANGE 04/19/91 54.540AC 86.930AC 0.000AC 0.000AC OSQ OSQ OSQ OSQ OUN OUN OUN OUN -04,4"tikoiltPwviAl**AllmmlnA ,1/4.re4+44*.sr*iiir.44 •••. "e4 p.S • zi."'",4r•i.:,,ss7-:"X,.. • f '•S•-•.4 • • • t ••••!* '• • 4414e21`141114.14..e!‘' ••' ' ' ' I m no as 1 Proylais et.. an: IlyaA, 1 siks. THIS It FI.All.NT.1 oatmeal Imo this Ilse between PG" 011, 1\1) G.1ti 1,U:1SL 5th October ..1 Anvil Points Properties. Ltd. a Colorado Limited 1745 Stout St., Denver, Co. 80202 Barrett Energy Company -1125 -17th St., Ste. 2100, Denver, b0"46282"."' - _ . hereinafter called lessee. does witness: 72S Nr.1657 Partnership 87 1. T1141 1445or. lin 41141 M imilsiileer11011 1,11111.4111VII 4,, 111/ 114111 4r, .Iselv UnIo the lessee the hereinafter deseralim .asaY Part 04 the Jana, covered thmeby as her shilling eine :said the drilling, 411011141, gen. and their resin, 1,1,' constituent Magus, 11111. 41111 1/111er SIftlellifeS there1111 ncemisary 4 pfaidilee, save, take rare .11. anti manufacture lights therein being situated in the ;;;;;; ly 111 Colorado 41.1 described as lolloies: 441 Me Min 01 --Ten 11.See, 11.1, this day gram. I land. 4011 111111 Ilic right 1.. proy1.1.1. lor 11,,1.i. 41111 Opera11101 1.11-, itt'.',',, lid for constructing rm.!,. I. if lof llie 11:0111 all col such substances, and I Garfield_ - - Dollars on 11.1 1111 II.II.I .111(1 04 Ilic coommill• 41141 Asirciiimils anti let and 1/4 1114.41. torsi id, lirreb. pant. 11.4a1', and let r•flu• moon. this leas.. or .1110 ith 111.11.If //11 .111.1 ....I. 1,141, .14 411 1111141. III 1.411 11,41 I/11 r.,4/111gleal, geophysical and 1/111t, 1.41.1.1,1114 4 \look. . and snout all 01 the oil. gas. camas:brad gas. easInglicall g....1111e and all olhef it ing ;live Mies, 1101111111g tanks, storms oil. Madding posse, NialloostelePhone ma seal operation ist said land alone In Cl/1111/11111Y walla actin lands, to in I ttttt sing and boarding mnplasyres, said tract of land w ills any resersisithare Recorded at 30 o'clock P M FEB 0 4 MB ileceptionrio 38941E4 MILDRED ALSDORF. RECOBDER OARAELOCOUNTY,COlOWT9 SEE EXHIBIT -A- ATTACHED HERETO AND MADE A PART HEREOF ant601:oblr 27 ;.T9A'Y". 01 ''''' i 1.1111141 ttttt 11 II.. 11 4, agi red th.it this li..iai, 01,611 IC111.1111 111 loll for,. Iiil .1 li•1111 4.1 five i. . ....a 10,111 aisonenoo. •41111 a• long lliete.incr as oil ..1 go., ....111.•1 of Mimi,. 1 laireal taiiiii sant 1.01.1 h. nom 1.41,11t1.1,11 4,111. 11 1.1111 1.11111 IS 11.1141.1111.111.111 .1 Or illeinisey mi. 1...1114 .1.....1.1.cil of ...mated :1. lit co...dela tttttt ol the pie011,,,, Ilie man lessee coulialila .iod •ii:: er, pioasaved liooi teased lomniscS. T. deliver 14, 11, ,41,1.1 111 11.44.,r, Irce 01 mist, iii the 4.1... hoe I.. w •iiirli li,see 111.IV 1. 1.1 1114 14,11S. 11111 ctillal 0.1110,,0.1110,, 1 1 I 11 1 1441 1 ..4 all 404 doved -1. Thisd he l e lessee 411.111 nousibly pay Ira.. .111 1,1..111 V on gaSii...14 1-1,1 Irmo earti well where gas mill iS 1..111.1. eighth i I Oil .1 the 1 •stds if sold .0 Ilse well. la if imasketell by 11,44, 1111 1114' 1,11.1 McInnes, 111...i to., M4111 11 1 1 1/1 1 4.1 11. ilialkel value at 11.• will. The lessee shall 1.4 (11r It.41111, ta) one, eighth (I/O), 04 11.. prover.IS fcrei4.-.1 lly llie lessee 1 the sale id i .1,1111:111 ./11 1144. 1 1......1 4i..111 4114 oil well. 11.1.0ii. cigll 111 4 1 In i .1 111c 14114,', at the ttttt oath 1,1 the well, 1,11111/1111q1 .11 she 1114, 411111g Markel price, ol the easinglavail gas. moans:est 11,1111 .1114 011 41,11 41111 114441 144 1V4ilt. 1/11 tlo. 1,114,1 premises lor ally purpose III 1.4.11 1/11 Ille IcaSeel I./cane os by the lessee lor purposes ollicr 11... 11sel tttttt ..4.4 Anil oper.dioii thereof. 1.1,4.14 •11..11 4,:,, 14,,'Orivil• eV. at Me own risk 41141 ...ruse .11 ilsiim gas I t any gas Wl11 ',1,,s4 1,11,1 tor stoves am/ 1114111I: boats in ttie psincipal dwelling 4.., .1,11 im the leases) ply .11 by inahu is 01,111. • 1 ttttt s thereto. all Where gas 1 tttttt a 0411 Of “ ,II, capable la wisdom/is gas mils . ay imi solil il I' ose.1 11.4 1...11.141 111 • rt... lesace %hall p.ss- or !vitae( 41 111,111Y. V11{1411 111 like giddy rmil.11 as provided isi paragraph (1, s hereof, siavalsle annually 00 1111. amt....are date 01 thus hone stilton nig the end of each suds year Muslin which sorb gay is not sold ,,r used, and while mid royalty is so paid or tendered this lease shall be held as a issiolateing unspent under s l,,-,,•,4 to ii hermit. h. If niseratissits for the Milling 1/4 al well tor tall of gas are anal 1,1111111:1114,1 1441 (44(14 land 01110 1.1•11114. 1111.• 7%11llAY 04 OC tO ber____ 2. 49 , 88 , Wish..., shall 10(111/11410 al, 40 both parties, unless the lessee shall 1111 Of 4.101/14. ,ala liaill. pay Or lender to the IMSOf of for the lessor's eredit in Colorado National PO Box 5168, Denver, co.ApgAz_”_h.,„,,,,, successors ase tise lessor's agent anti shall continue as the deps tt i tt srY si" any and all sistnas PasalsleOksis"iihW Ie,. regardless 01 chaste., of •mttersittP In said land ar in the oil 111111 gas or in the rentals to 41.:1:1,1C lia.11111110a./, Ihe 0011 01 ..._.,„., .„ , _._ , s731 . 73 r.z:;!____ Dollars. w 10ely shall operate as a 140041 anal cover llie pricilcim 01 lief/01111U WV 1:011111000,010011 or miesat ttttt s for drilling for .1 pe 1 of one seer. In Iske manner anal upon 1114, payments or amulets the commencement of operati tttt s for Milling Ma, loillier be deterred tor like Periods aliccessivele. All I/avowing Of lell.lera III441 he ilialle by cheek ar draft of lessee or ally aSsignee lilineiol, Mailed of ticli, Mimi son Uf before the 1,11141 paying date. either threcl to lessor 01 •ssigus VI (0 said depository bank, and it is understood and agreed that the cuissidclation lust reviled heicti,. llic riusyn payment, covers nut nsils the pris dirge granted to the date when said Got rental is payable as aforesaid, but also the lessee's opt ttttt 01 v.:lending MAI period us aforesaid and any 41111 411 Mlle, fIght$ conferred. Lessee may al any time execute and deliver 40 Lessor, 01 place 1,1 record, a release or 1 adman covering any portion us portions sal the above described premises and thereby surrender this lease es ha such piation or portions and be felieVell saf all obligations as ill the acreage surrendered, and thereafter the rentals payable hereunder 111411 be reduced in tlie proportion 11141 the ameage covered hereon is reduced by said release or IVIC4101. II, Should the first well drilled on the above described /and be a shy hole, then, and in that es mit. if 41 second well is nut eu tttttt eneml 011 said land within twelve months Imola expire tttttt of Use last rental period fur which rental has been paid, this 10414V shall terminate as to both parties. unless the lesser MI or before the emanation sal said twelve months shall resume the payment of rentals in the Sallie es111411111 and in the Sallie manner all herel111100,e provided. And it is agreed that upon the resumption of the 10441011111 .44 11.11446. 4(above piovislml, that the last parenting pnagrispli hereof. Ruse tttttt a the 41*) n410( 04 rentals and the effect thereof shall continue an force lust as though Itivre had been 101 interruption in the rental payments '7. If said lessor owns a len interest in the above described land th.iii III, rnlite and undsvided fee simple estate therein. then the 10* 41111 and ryntyty lgerem provided shall 4,, pahl the lessor only in the propoilmii ii lo. -11 his inlei..1 bears 10 ,he wholi. mid Midis-Id4 lee, Ihlweeef, such rental shall be increased al the next succeeding rental aliiiiicrsare alter env reversion occurs (''11,4.1(41 1110 ' .1411 41/ acquired. g. 'rhe lessee shall 1141,' the right 144 use, free 01 Ol1, gaS, oil and w alcr Imilul MI 14/14 land bar its operations thereon, except water fr ttttt 11,e wells of the lessor. When 1111141jfell by lessor. the lessee shall bury its pipe lines below plow depth and shall pay fur damage caused by its opezat tttttt Ill growing crops an said land. Nu well shall be drilled nearer than 200 feet to the house or 4.14,11110W on said premises without wotten 41.11114.111 *114,, lesSUr, hence shall have the right at any hole during, or after the expirations Of, 011, II.,154, 10 remove all maul t i tt cry. fixtures. houses, buildings and other structures placed 00 44111 premise. Including llie right to draw and ren,.,,e all casing. Lessee acaces upon the completion of ally test as • dry huh, ur uoun the abandonment ul any producing well, to restore the premises to their original contour at 11,11. 61$ practicdble and to remove all installations within a reasonable time. 9. If the estate of either party hereto is aSsigliell land the privilege ol assist ttttt g in whole oar in part is expressly allowed). the covenants hereof shall extend to the heirs, desisee,. executor5. ad ttt i tt istraturs, successorsand aSSIMIS, but no change of ownership in the land or in Ow rentals 00 royalties or any suns due under this lease shall 1.11, binding Un the lessee Wail 41 has been furnished with either the original recorded instrument ol cotoryaner or a duly certified copy thereof or a certified impy 01 the ,VIII uf any deceased '4.4-4,0,and of the probate thereof, Ur certified copy of the proceedings shuserna ePPuintment sal an admilliStrahlar for the estate of Ill, deceased owner. is Ineliever is appropriate. together with all original recorded instruments 04 eon. eryaner or duly certified copies thereof necessary in 1410Wing a complete chain of title back to lessor In Me full interest claimed, and all ade•nee pay• merits uf rentals insole hereunder before receipt of said documents shall be binding usi 141141 direct or indirect assignee, grantee, devisee. administrator, executor, 01 4.,,, of knot. 10, It is hereby agreed that an the Men' this lease shall be assigned as to a part 01 3.4 to parts of the Ann,. described hind and the holder sair owner of any such part 0f parts shell snake default in the payment of the proportionate part cal 144,rent due from Ism of 1111111, WO dcfatill, shall 1101 Operate 40 defeat or affect this least insofar as It covers a part of said lend upon which the lessee 01 any assignee hereof shall make due payment of said ;sonata. II. Lessor hereby warrants and agrees to defend the title to the land herein described and neves that the lessee, at its opt. , ann pay and dig. charge in whole or in part any taxes, ma ttttt pas. or other limIS existing, levied. II/ asserted on or against the above described 4404, •101. in e•mil al ell tttt tt el such option, it shall be subrugated to the rights 01 ally holder or holders thereol and may rentiburse itself 111 anal, ing to the discharge of any such Mort- gage. tax or other lien, any royalty Of rentals accruing hereunder. 42. Notwithstanding anything in this lease contained to the contrary, it is expressly agreed thal if lessee shall commence 1.11413 101 drilling al any lime whilti this lease is in force, this lease shall remain in force and Its tenant shall continue su long As such operations are prosecuted and, 0 produe• lion results therefrom. then as long AS PrUdlleliusi eillniiilleS• If within the oniony term of this lease, production on the leased premises shall 00011' Nom ens cause, this len. Shell tiot terminate Phavided operatimig 10f1,1144 drilling Of a well shall be commenced before 1n un the 11,44 ensuing rental paying date: or, provided lessee begins or 1r1U14. the pay• • xenVisf rentals la •(he manner and amount hereinbefore provided. 11, alter the exparati tttt 1,1 the ttt i t nary terns saf Otis 144.14, production on the 'edged /tnnes 4.0 ....., from guy .,asiae, Oils lease shall nut lerlillmile provided lessee restinars operati tttt s lar re•workisig ,,r drilling a a ell .4111111 liiele 16111 .pfsducliiin vadtirguas.: days titott'suiTh cessation and this lease shall remain in force during the prosecution m of elt operations and. if producti tttt results thereto/m.11ton as lung n • la. LeSSee is hereby given the right at Its option. 41 elly 11111e and I 1 44111 lin., Ill 11101., (0 Moll ,,r 111111lie 411 or any Part or parts of the 413‘11/4. de• palliest tang. with.uther land, lease, or teeter in the immediate vicinity thereof, suels 1/01.110g to be into Mills 11.1 exceeding lhe n tttttttt UM Sier 1feet on W140 a welhastay' be drilled under 44,VS, nil., of rygulali tttt y 11. 'wee al the lone vi such 1 'tut.ling Of 4111111,44i tttt ' IlEllVldrd• howcscr• that loch U11.11 1114Y e4cees1 111.11711 ttt i tt i11141111 by not more than ten ecres 11 yueli excess is 11‘4,1.44•1/4 ill 1/1thq W10111110111 10 OW Ill'fbill0 11010/iVnli9n. or lease hoes. Less,. shall veeir,ise raid option, as to each desired unit, by executing and recording .1 instrument identifying the u tt i tt red ar.': Any well dolled or 01/1,1tiuti, con. ducted oabovn any par. 01 each such unit shall be considered a well drilled or operalluily cilildtleles1 under this lease, anthere shall e ilavdtvd o tportion of the e iIncribed land included 1st any such umt such manuals tttt sal the aclUal prodUetiun from all welh on d auch unb it as llhthe essor's interest, if any, fei such portion, nnitimled Ull all acreage 'anis. bears tu the m tttt e acreage of such ,...,.." I„, .,, pum......1Ih, D.,,..,,,th,h,,,,,,, of the entire production If tttt11llic portion Ill the 41.104t 4 •gl . . Aliel It IS unlIrrflutitl AM agrecd the{ the product ttttt Su 4110Ciltell laild Ineltialled ill Snell 1411/1 ill the Seine Manlier .1$ 111010111 ,, I ttttt 1114,11 1 1114. alniec IleSciihril land .1111“ tilt' 11.11114 Ill 114 11,14,11. 44. This lease and all its terms, c litla/114 wept %Imolai ttttt s Shall 1.44.41 to, and be I ttttt ling on 1.411 of the parties whu signs this lease. regardless uf counterparts. MIC11 to have the same effect as the original. Whether such lessor is Minted abl/Ve and regardless ut Whether 11 if signed by any of the other per lies herein 1.41114.41 111. lessors. This lees! may be stoned us IN WITNESS W1141,4( 41,111. we sign the day and year first above w t t tttt s. Witness: 731.73 Any' 1 Points Pr re -666 I: -pa it. e r • ortiee, Ltd., a Colorado Limited Partnership .-stri''rir7iy+!3?:-b!jl w, .,�z`: t<i,�►',;,+�::'.•j5r �:s� • F. • • I•ani I by 1•,&M 11ioalnx 14111 42) 41,91 STATE OF (:91c) .ado _ (•OtIN•I'YOI: _�«'w•.r•tiltK• /. —_isx. r-.1( 72S PeA65S Oklahoma, Kansas. New Mexico, Wyoming, Montana. Colorado, Utah. Nebraska. North Dakota. Smith Dakota ACKNOWLEDGMENT—INDIVIDUAL BEFORE Moi, the undersigned, a Notary Public. in and for said County and State, on this ...._ f, 1917__.. personally appeared ._ LL 44u`•EL ( CQ General j at n Qf Anyil._L'QiutslrnpertiEsLtd..... a .CaLuiadc_Liunitt d i tneIsl)iµ- and ---.;_—_...._...__.--------------—_----• to me known to be the identical peram_— _..__ described w and who executed the w•Jiin.atid lilrcguirijs instrument of writing and acknowledged to me Ihui_._...h___—.duly executed the sante and vtlhintary act and decd for the uses and purposes therein set forth. tN W�TNiiss WHIiRI:OP, 1 have hereunto set my hand and affixed my noprial pseal the day and •at_la3l above written. My :mmmis5in Expires _t 3_o -r 0 _-.--- -_--- cel "yx L( 1 { k! eC4-.,L Notary Public, Address: PO •.I�Q,(__ l4 2D_.-- A.S�e_z __c 9-- 7 I(.0 STATE OF Oklahoma, Kansas, New Mrxicn. Wyoming, Montana. Colorado. Utah, COUNTY OF Nebraska, North Dakota, South Dakota ACKNOWLEDGMENT—INDIVIDUAL BEFORE ME. the undersigned, a Notary Public, in and tor said County and State. on this, day of_ and 19 , personally appeared it) me known no be the identical person--_--- - _. _, described in and who executed the within and foregoing instrument of writing and acknowledged to me that .. duly executed the same as. __ --.free and voluntary act and deed lir the uses and purposes therein tel lurtl. IN WITNESS WHEREOF. I have hereunto set my hand and affixed ray notarial seal the day and year last above written. My Commission Expires Address• Notary Public. STATE OF ACKNOWLEDGMENT (For use by Corporation) COUNTY OF ss. On this_____ of A.D. 19_---• before rate personally appeared •w ole personally known. who. being by me duly sworn, did say that he is the of —` — — and that the seal affixed to said instrument is the corporate seal of said corporation and That said instrument was signed and sealed in behalf of said eorplraiion by authority of its Board of Directors. and said acknowledged said instrument to be free act and deed of said corporation. Witness my hand anti seal this_--___ day of A D 19 (SEA 1.1 My Commission expires rn 0 Address - This instrument was filed for record on the o• 8 0 a E 3 Notary Public. of the records of this office. When recorded return to tri ID l N rn O c1 c 0 -c a EXHIBIT "A" 6.7{ 725 P.tcE659 Attached to and made a part of that certain Oil and Gas Lease dated October 5, 1987 from Anvil Point Properties, Ltd., a Colorado Limited Partnership, as Lessor, to Barrett Energy Company, as Lessee, covering the following deacribed land to wit: TOWNSHIP 6 SOUTH., RANGE 94 WEST Section 30: Lots 1, 2, 3, 4, 5, and 8, SE/4 NE/4, LESS AND EXCEPT, those portions conveyed to the Denver and Rio Grande Western Railroad by Deed recorded in Book 409 at Page 56 ea Reception No. 245911, LESS AND EXCEPT, the following described tract of land lying in Lot 5: From the Northeast corner of Lot 5, such corner also being the East Quarter corner of aaid Section 30, run thence southerly along the East section line a distance of 442.31 feet to the point of beginning; thence 90 degrees weaterly a distance of 271.22 feet to a point on the north bank of the Colorado River; thence 90 degrees southerly a distance of 174.50 feet to the center of the thread of the stream of the Colorado River; thence South 40 degrees 6 minutes 36 seconds East, more or leas, a diatance of 420.98 feet along the center of the thread of the stream of the Colorado River to a point on the east section line of said Section 30; thence northerly along said east section line a distance of 496.47 feet back to the point of beginning, containing 2.09 acrea, more or less. LESS AND EXCEPT, that portion of the following described parcel lying in Lots 1, 2, and the SE/4 NE/4 and described as follows: Beginning at a point on the west line of Section 30, T6S-R94W, 6th P.M., from which the Northwest corner of Section 30 bears North 0 degrees 44 minutes West, a distance of 839.20 feet; thence South 0 degrees 44 minutes East along aaid west line, a distance of 1006.30 feet to the northerly right of way line of SH 6 (Nov 1977); thence North 54 degrees 46 minutes East along said northerly line, a distance of 1138.20 feet; thence North 56 degrees 27 minutes 30 seconds Eeat continuing along said northerly line, a distance. of 258.60 feet; thence continuing along said northerly line, along the arc of a curve to the right, having a radius of 1532.40 feet a distance of 1230.70 feet (the chord of this arc bears North 82 degrees 46 minutes 30 aeconds East, a distance of 1197.90 feet; thence South 70 degrees 55 minutes East, continuing along said northerly line, a distance of 21.50 feet; thence North 1 degree 3 minutes 30 seconds West, continuing along said northerly line, a distance of 29.30 feet; thence continuing along acid northerly line, along the arc of a curve to the right, having a radius of 1557.50 feet, a distance of 122.10 feet (the chord of this arc bears South 71 degrees 28 minutes East, a distance of 122.00 feet); thence South 69 degrees 13 Wa.*3.40,1**Y.trie.."!#'1:44Ylp0, Page 2 of 5 Exhibit "A" y.,.� 72S PeGE660 minutes East, continuing along said northerly line, a diatence of 2551.50 feet; thence continuing along said northerly line. along the arc of a curve to the left, having a radius of 1307.5 feet, a distance of 21.10 feet (the chord of this arc bears South 69 degrees 41 minutes Eaat, a distance of 21.10 feet) to the east line of Section 30; thence North 1 degree 36 minutes 30 seconds Weat, along said east line, a distance of 774.90 feet; thence North 56 degrees 17 minutes 30 seconds Weat, a distance of 437.80 feet; thence South 74 degrees 44 minutes West, a distance of 665.00 feet; thence North 72 degrees 4 minutes 30 seconds West, a distance of 809.60 feet; thence North 69 degrees 10 West, a distance of 622.20 feet; thence along the arc of e curve to the left, having a radius of 3675.60 feet, a distance of 2358.50 feet (the chord of this arc bears South 84 degrees 31 minutes 30 seconds West, a distance of 2318.30 feet); thence South 61 degrees 59 minutes Weat, a distance of 227.20 feet, more or less, to the point of beginning. The above described portions contains 65.866 acres, more or less, of which approximately 29.74 acres lie within Lots 1 and 2 and the SE/4 NE/4. TOWNSHIP 6 SOUTH RANGE 95 WEST Section 25: Lots 1, 2, 3, E/2 NE/4, SW/4 NE/4, SE/4 NW/4, NE/4 SW/4, SE/4 SW/4. LESS AND EXCEPT, those potions of Lot 1 and the SE/4 NE/4 conveyed to the Denver and Rio Grande Western Railroad Company by Deed recorded in Book 409 at Page 56 as Reception No. 245911. LESS AND EXCEPT, those portions of Lots 2, 3, and the SE/4 SW/4 conveyed to Orville Mahaffey by Deed recorded October 13, 1965 in Book 370 at Page 293 as Reception No. 231942. LESS AND EXCEPT, the following described parcel lying in Lots 1, 2, and the NE/4 NE/4, SE/4 NE/4, SW/4 NE/4, NE/4 SW/4, SE/4 SW/4 described as follows: Beginning at a pointon the west line of the SE/4 SW/4 of Section 25 from which the Southwest corner of Section 25 bears South 47 degrees 31 minutes West, a distance of 1728.60 feet; thence South 0 degrees 47 minutes East, along said west line, a dlatance of 409.50 feet to the northerly right of way line of SH 6 (Nov. 1977); thence North 54 degrees 46 minutes Eaat along said north line, a distance of 4699.10 feet to the east line of Section 25; thence North 0 degrees 44 minutes Weat along said east line, a distance of 1006.30 feet; thence South 61 degrees 59 minutes West, a distance of 958.00 feet; thence South 62 degrees 49 minutes West, a distance of 417.20 feet; thence South 48 degrees 47 minutes 30 seconds Weat, 'a dlatance of 400.00 feet; thence South 7 degrees 31 minutes Eaat, a distance of 180.30 feet; thence South 22 degrees Page 3 of 5 Exhibit "A" r:K 72S P.ME661 13 minutes 30 seconds West, a distance of 111.80 feet; thence South 37 degrees 29 minutes West, a distance of 509.90 feet; thence South 48 degrees 47 minutes 30 seconds West, a distance of 2034.70 feet: thence along the arc of a curve to the right, having a radius of 11,309.20 feet, a distance of 589.30 feet (the chord of this arc bears South 50 degrees 17 minutes West, a distance of 589.20 feet), more or leas, to the point of beginning. The above described parcel contains 71.641 acres, more or leas. ALSO,,, ALL._,. THAT PART OF LOTS 7 AND 9 IN SECTION 30, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6TH P.M. AND OF LOT 4 IN SECTION 25, TOWNSHIP 6 SOUTH, RANGE 95 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: Beginning at a point whence the West Quarter corner of said Section 30 bears North 9 degrees 49 minutes Eaat 794.46 feet; which said point is on the Easterly line of a County Road; thence South 17 degrees 34 minutes Eaat along the Easterly line of said County Road, 205.87 feet; thence South 32 degrees Eaat along said Easterly line, 213.24 feet; thence South 73 degrees 56 minutes East along said Easterly line, 20.33 feet; thence South 0 degrees 37 minutes Eaat along said Easterly line, 638.81 feet to the intersection with the northerly line of a county road; thence South 89 degrees 37 minutes East along the northerly line of said County Road 883.21 feet; thence North 0 degrees 50 minutes West 1610 feet, more or leas, to a point on the southerly bank of the Colorado River; thence South 61 degrees 15 minutes West along the Southerly bank of said River 1210.62 feet, more or less, to the point of beginning. J Section TOWNSHIP 7 SOUTH RANGE 96 WEST 27: That portion of the SW/4 of the SW/4 of Section 27 lying South of the Denver and Rio Grande Western Railroad right of way and East of the right of way of the County Road, more particularly described es follows: Beginning at the Southwest corner of said Section 27, a point on the Eaat right of way line of said County Road; thence North 1 degree 41 minutes Eaat along aeid Eaat right of way line a distance of 164.11 feet, to the Southeaaterly right of way line of the Denver and Rio Grande Western Railroad; thence' North 55 degrees 32 minutes East along said railroad right of way line a distance of 1532.79 feet to the East line of said SW/4 of the SW/4; thence South 1 degree 38 minutes East a distance of 1020.21 feet to the Southeast corner of said SW/4 of the SW/4 ; thence South 89 degrees 29 minutes West along the South line of aald Section 27, a diatance of 1297.67 feet to the place of beginning. 1 • Page 4 of 5 Exhibit "A" Section 28: SE/4 SW/4, 9rn 728 r1,E662 That part of the SE/4 SE/4 lying Southerly of the right of way of the Denver and Rio Grande Western Railroad, and That part of the SW/4 SE/4 described as follows: Beginning at the South Quarter corner of Said Section, thence North along the West line of said SE/4 a distance of 378.20 feet; thence South 34 degrees 28 minutes East 459 feet, more or less to a point on the South line of said Section; thence South 89 degrees 26 minutes West, along said South line, 253.49 feet, more or less, to the point of beginning. Section 32: NE/4, NE/4 SE/4, NW/4 SE/4 and the SW/4 SE/4, EXCEPT those portions conveyed out by Deed recorded in Book 181 at page 185 as Document No. 132087, SE/4 SE/4, EXCEPT those portions conveyed out by Deed recorded in Book 181 at Page 185 as Document No. 132087 and by Deed recorded in Book 181 et Page 186 as Document No. 132111. Section 33: NW/4, NW/4 SW/4, N/2 NE/4, EXCEPT that part described in Book 317 at Page 27; Lots 1, 2, 3, 4, and 9 lying North of the following described line: Commencing at the intersection point of the North Bank Meander line as platted and described by the Surveyor General's office plat dated March 12, 1890, and the center of the Colorado River whence the South Quarter Corner of said Section 33 bears South 59 degrees 17 minutes 34 seconds East 1577.05 feet. also whence the Meander corner on said North Bank and the South line of said Section 33 found in place bears South 36 degrees 40 minutes West 961.82 feet; thence North 16 degrees 15 minutes 44 seconds West 79.95 feet; thence North 13 degrees 58 minutes 16 seconds Eaat 508.82 feet; thence North 65 degrees 56 minutes 16 seconds Eaat 1512.73 feet; thence North 13 degrees 49 minutes 52 seconds East 859.10 feet; thence North 22 degrees 39 minutes 39 seconds East 328.61 feet; thence North 50 degrees 45 minutes 53 seconds Eaat 337.31 feet; thence North 61 degrees 13 minutes 21 seconds East 316.71; thence North 87 degrees 8 minutes 12 seconds East 324.97 feet; thence South 67 degrees 11 minutes 22 seconds East 1498.15 feet to a point on the easterly line of said Section 33, EXCEPT that part of Lot 1 described in Book 67 at Page 132 as Document No. 33037, AND FURTHER EXCEPTING those portions of Lot 9 conveyed by Deed recorded In Book 181 at Page 185 as Document No. 132087 and by Deed recorded in Book 181 at Page 186 aa Document No. 132111. LESS AND AND EXCEPT, from the lands lying in Sections 28, 32, and 33, T7S-R96W the following: All those lands contained in RULE AND ORDER, Case No. 81CV206 between The State Department of Page 5 of 5 Exhibit "A" Highways, Division of Highways, Petitioner, vs. Anvil Point described in said Rule in Order "A" attached to said order from Exhibit "A". Said document recorded in Book 678, Pages 523 lands being excepted hereby are b :x 723 P;3E663 State of Colorado, Properties, Ltd. covered in Exhibit page 1 to 7 of said referred to being through 534. Said 25 through 531 of described in Pages g said Rule and Order and containing 302.752 acres, more or less. TOTAL LANDS COVERED HEREBY CONTAIN 731.73 ACRES, MORE OR LESS, AND Also including any meander lands, lends derived by accretion rights, or otherwise contiguous to the above described lands as the same may be owned or claimed by lessor. SIGNED FOR IDENTIFICATION: Anvil Point Properties, Ltd. a Colorado Limited Pa{tnerahlp By: Russell Scott, .1r., General Partner i at c prion No. QUIT CLAIM DEED THIS DEED, Made this 16th day of January . , 19 92, between ANVIL POINTS PROPERTIES, LTD.., A Colorado Limited Partnership of the --- *County of Denver Colorado, grantor(s), and NORMAN D. SCHMEECKLE AND PATRICIA J. IRWIN as tenants in common whose legal address is of the 112 West 3rd Street Rifle, CO 81650 County of Garfield and State of BOOK 821 Pact. GARFIELD JAN 17 1992 State Doc. Fee and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and in consideration of the sum of ----Ten Dollars and other good and valuable consideration DOLLARS the receipt and sufficiency of which is hereby acknowledged, ha S remised, released, sold and QUIT CLAIMED, and by these presents do es remise, release, sell and QUIT CLAIM unto the grantee(s), th i e r heirs, successors and assigns, forever, all the rigllt, title, interest, claim and demand which the grantor(s) ha S in and to the real property, together with County of Garfield and State of improvements, if any, situate, lying and being in the Colorado, described as follows: A TRACT OF LAND IN SECTION 25, TOWNSHIP 6 SOUTH, RANGE 95 WEST OF THE 6TH P.M. AND IN SECTION 30, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6TH P.M. LYING EASTERLY OF THE EASTERLY RIGHT OF WAY OF COUNTY ROAD NO. 323, NORTHERLY OF THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD NO. 320, SOUTHERLY OF THE CENTERLINE OF THE COLORADO RIVER AND WESTERLY OF PARCELS 1 AND 2 DESCRIBED IN RESOLUTION RECORDED JANUARY 30, 1985 IN BOOK 663 AT PAGE 629. also known by street and number as: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), th i er heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) ha s executed this deed on the date set forth above. ANVIL POINTS PROPERTIES, LTD, A COLORADO LIMITED PARTNERSHIP By: SCOTIA CO, ANY - GENERAL PARTNER By: K Russell Scott, Jr. - Managing Partner INVESTCO STATE OF COLORADO, 4.44 County of /gGC(�L) / The fore ping instrument was acknowledged before me this Nal al day of January , 19 9 2 , by Russell Scott, Jr. as Managing Partner of Scott Company as General Partner of Anvil Points Properties, Ltd., a Colo=lgled Partnership } SS. cDmrmission expires kR PI)C)\J *If in Denver, insert "City and." /a /Ia , 19 P . Witness my hand and official seal. Notary Public No. 933. Rev. 4-91. QUIT CLAIM DEED Bradford Publishing, 1743 Wane St., Denver, CO 80202 — (303) 292-2500 -- 9-91 EXHIBIT "A" • oo 8?1 PA4E870 That part of Lots 7 and 9 in Section 30, Township 6 South, Range 94 West of the 6th P.M., and of Lot 4 in Section 25, Township 6 South, Range 95 West of the 6th P.M., described as follows: Beginning at a point whence the West 1/4 corner of said Section 30 bears North 9°49' East 794.46 feet; which said point is on the Easterly line of a County Road; thence South 17°34' East along the Easterly line of said County Road, 205.87 feet; thence South 32° East, along said Easterly line, 213.24 feet, thence South 73°56' East, along said Easterly line, 20.33 feet; thence South 0°37° East, along said Easterly line, 638.81 feet to the intersection with the Northerly line of a County Road; thence South 89°37' East, along the Northerly line of said County Road 883.21 feet; thence North 0°50' West, 1610 feet, more or less, to a point on the Southerly bank of the Colorado River; thence South 61°15' West, along the Southerly bank of said River 1210.62 feet, more or Less, to the POINT OF BEGINNING. TOGETHER WITH, the following described water and water rights; title to which is NOT included in the warranties contained herein: All Grantor's interest in water rights, ditch and ditch rights, and well rights presently owned and appurtenant to subject property. Recorded at RecAfon No. k "fir (?t...12 N 17 1992 �, 50 k �, FaoEss + ecor WARRANTY DEED THIS DEED, Made this 16th day of JANUARY RY 19 92, between of the ANVIL POINTS PI2DPrr1_FS, LTD., A COLORADO LIMITED PARTNERSHIP County of DENVER Colorado, grantor, and NORMAN D. SA LE AND PATRICIA J. IRWIN AS TENANTS IN COMMON. whose legal address is and State of 112 WEST 3RD STREET, RIFLE, CO 81650 CARFIELD JAN 1 7 1992 Mate Doc. Feat $yJ. of the County of GARFIELD and State of Colorado, grantee: WITNESSETH, That the grantor for and in consideration of the sum of ***FIFTY FOUR THOUSAND AND NO/1U0*** the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by the:ao p:e:enla doer; Jran:. bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, earaie, lti^nj and being in the County of GARRF IEI1) and State of Colorado described aa tallows: DOLLARS, SEE EXHIBIT "A" ATIAi-ILD HERETO AND FORMING A PAR2 HERFLF as known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywisa appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, titre, Interest, claim and demand whatsoever of the grantor, either In law or equity, of, in, and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, faJyiNejf,ih shfiy6/9654/10r96Hiethfrfft t , does covenant, grant. bargain, and agree to and with the grantee, his heirs and assigns. that at the time of the ensealing and delivery of these presents, he le well seized of the promises above conveyed, has gcod, sure, perfect, cbsalute 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 seme in manner and form as aforesaid, and that the same are free and clear from all former and ether grants, bargains, sales, liens, taxes. assassments, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 1992 and subsequent years, U. S. Patent reservations, any and all prior mineral reservations, Oil and Gas Leases, easements, rights of way and restrictions, of record The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular .lumber shall include the plural the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. ANVIL POINTS PROPERTIES, LTD., A COLORADO Ia MITED PARTNERSHIP UO1 _ : „v.rvile, EzRTNER Russell Scott, Jr. - Managing Partner STATE OF COLORADO County of t w o oin ini tri N:c : Ise l Ott, Jr. -, rpe6eral a 'tner of M y cohir issionrra p • fes a2//a/O.V. } } } ss. ent was acknowledged before me this / Y day of JANUARY 19 92, as Managing Partner of Scott Investment Company as Anvil Points Properties, I.tc . In'aed618rado Limited Partnership Witness my hand and official I. Commonwealth File No. 8201011 Notary Public • • cCtifle CFire cProtection clDistrict Box 1133 • Rifle, Colorado • 81650 23 March, 1992 To whom it may concern, After conversations with Mr. Norm Schmeekle and a physical inspection of his property at 0306 County Road 323, I have no objections with the proposed subdivision. However, if a third house is to be built, further inspection will be needed and greater fire protection capabilities will need to be addressed. Sincerely, Michael Morgan Fire Marshal Rifle Fire Protection District lg366 Recorded at ...... ick Pod, ..June... .agee 399z2 4., 3.965 Reception No 23012.1" -.. ....._..Chas. ....S..... Keegan ............_...Recorder. THIS DEED, Made this24t1t day of May in the year of our Lord one thou nd pine ID fired lnd Mty-fi Y LIMITED, a , between lm)ted l9J , ["'.�N t 1� +TQC R Partnersplll Cpa,QcS�i t e count D�ougla 2anstxJ@CDtQ7i8OP6 ZEMIN State of , f st 1 o the first part, and ANNIE II. ESHE of the County of Garfield State of Colorado, of the second part, WITNESSETH, That the said party of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, DD144:13;x to the said party of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, hath remised, released, sold, conveyed and QUIT CLAIMED, and by these pres- ents doth remise, release, sell, convey and QUIT CLAIM unto the said party of the eecond part, and her assi Yns, StallfNDRIXMVae:foYonLL1a11 the right, title, interest, claim and demand which the said party of the first part hath in and to the following described real property situate, lying and being in the . County of Garfield and State of Colorado, to -wit: The surface rights only in that part of Lots 7 and 9 in Section 30, Tp. 6 S. , R. 94 W. , 6th P. M. , and of Lot 4 in Section 25, Tp. 6 S. , R, 95 W. , 6th P. M. , described as follows: Beginning at a point whence the West 1/4 corner of said Section 30 bears North 9°49' East, 794.46 feet, which said point is on the Easterly line of a County Road; thence South 17°34' East, along the Easterly line of said County Road, 205. 87 feet; thence South 32° East, along said Easterly line, 213. 24 feet; thence South 73°56' East, along said Easterly line,. 20. 33 feet; thence South 0°37' East, along said Easterly . line, 638.81 feet to the intersection with the Northerly line of a County Road; thence South 89°37' East, along the Northerly line of said County Road, 883.21 feet; thence North 0°50' West, 1610. feet, more or less, to a point on the Southerly bank of the Colorado River; thence South 61°15' West along the Southerly bank of said River, 1210.62 feet, more or less, to the point ' of beginning, containing 31. 81 acres, more or less. The life estate herein granted is and shall be the one and'only life estate to which Grantee was entitled under that certain Agreement dated September 3, 1963 and recorded Septem- ber 25„ 1963 in Book_353,-at-page 138, of the Garfield County records. TO HAVE ANI) TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the 1 proce benefit and behoof of thf said party of the second part,stn ane `utti'nig the natural life of the said and her stip itrt assigns 1YoNd4A,'& Annie ll. Estee onlyv''anpd no lel ler. IN WJTNESS WHEREOF, The said 'party of the first part hath caused its ellrphltata: name to hereunto subscribed baits: itretdl[ocdo epitittkogttli'atem)fsiXixtoClt&tla)titdii►ty,Yoti;C7tttdkkb?1>vikkx Suti?i+bitifK, the day and year first above written. N. P. DODGE COMPANY, LIM l,(] Atte-' a limited partnership : �• ';t ftp �� By: N. P. DODGE. COMPQl?3'hw"tsu v•�••� tars. gene -a1 Irat "'.-`M.. ar- ' n. 1tlY By NEBRASKA STATN OF t O ji & ---1 tae. DtJ.uglaiS Count The foregoing instrument was acknowledged before me this 24th 1965 , by Charles A. Peters day of May RS President and R. H. Abernathy, Jr. as Secretary of N. P. Dodge Company, a Nebraska corporation, said N. P. Dodge Company being tthe ..sole general partner of N. P. Dodge Company, . Limited, Y 1. m' ei My nQMrkiLlt 14dtiytAgexpires Sept. .13., 1969., Partnership. Wigs s� yhanilitdigilojnl. seal. No. 109 rfi ' QUr1 Ilt if►11I - fiRi1•yCorpor.tion Form, n rt —Bradford -Robinson rte. Co,. Mfrs. Robinson'. Legal Blanks. 1824-16 stout St„ DrIINer, Colorado. • Ph111.lis S. Fried Notary Public. 32 55—Potts loam, 3 to 6 percent slopes. This deep, well drained, moderately sloping soil is on mesas, bench- es, and sides of valleys. Elevation ranges from 5,000 to 7,000 feet. This soil formed in alluvium derived from sandstone, shale, or basalt. The average annual precipi- tation is about 14 inches, the average annual air tem- perature is about 46 degrees F, and the average frost - free period is about 120 days. Typically, the surface layer is brown loam about 4 inches thick. The subsoil is reddish brown clay loam about 24 inches thick. The substratum is pinkish white loam to a depth of 60 inches. Included with this soil in mapping are small areas of Olney, Kim, and Ildefonso soils that have slopes of 3 to 6 percent. These areas make up 10 to 15 percent of the map unit. Permeability is moderate, and available water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moder- ate. This soil is used mainly for irrigated crops and hay and for dryland farming (fig. 10). Alfalfa, small grains, and grass -legume hay are grown. Small areas are used for grazing. These soils are usually irrigated by flooding. Drop structures in irrigation ditches, grassed waterways, and minimum tillage prevent serious erosion. Irrigation water should be carefully managed to avoid piping and erosion. Cover crops or stubble mulching also help to limit ero- sion in dryfarmed areas. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Pheasant, mourning dove, cottontail rabbit, some mule deer, and squirrel find habitat on this soil. Community development and recreation are limited by low strength and the shrink -swell potential. Dwellings and roads can be designed to overcome these limita- tions. Community sewage systems will be needed if the population density increases. This soil is in capability subclasses llle, irrigated, and IVe, nonirrigated. 56—Potts loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on mesas, benches, and sides of valleys. Elevation ranges from 5,000 to 7,000 feet. This soil formed in alluvium derived from sandstone, shale, or basalt. The average annual precipitation is about 14 inches, the average SOIL SURVEY annual air temperature is about 46 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is brown loam about 4 inches thick. The subsoil is reddish brown clay loam about 24 inches thick. The substratum is pinkish white loam to a depth of 60 inches. Included with this soil in mapping are small areas of Kim, Olney, and Ildefonso soils that have slopes of 6 to 12 percent. These areas make up 10 to 15 percent of the map unit. Permeability is moderate, and available water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is severe. This soil is used mainly for grazing, wildlife habitat, and some dryland farming (fig. 10). Wheat, barley, and oats are grown. Minimum contour tillage and stubble mulching help to prevent excessive erosion. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing improves and maintains range condi- tion. Reducing brush improves range. Seeding improves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seed- ing. Preparing a seedbed and drilling the seed are good practices. Community development and recreation are limited by low strength, shrink -swell potential, and slope. Dwellings and roads can be designed to overcome these limita- tions. Community sewage systems will be needed if the population density increases. This soil is in capability subclass IVe, irrigated and nonirrigated. 57—Potts-Ildefonso complex, 3 to 12 percent slopes. These gently sloping to rolling soils are on mesas and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. The Potts soil formed in alluvium derived from sandstone, shale, or basalt. The Ildefonso soil formed in very strongly calcareous, basaltic alluvium and small amounts of eolian material. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is about 120 days. The Potts soil makes up about 60 percent of the map unit, and the Ildefonso soils makes up about 30 percent. The Potts soil is on slightly concave positions, and the Ildefonso 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 that extends to a depth of 60 inches. TAX YEAR TAXING DISSCHEDULE NO CFFRTIFIe TE COPY 04 (7)'2:31 TAX NOTICE LEGAL DESCRIPTION (MAY BE INCOMPLETE( SEC. 25 F'AE OF LOT 4 LYING E OF THE CO. RD., E:3 OF THE COLO. Fi T VER 1 9, W OF THE SEC:. LINE: 1 E:T'W. SEC „25 (;%y -W.5) & SEC. :30 (6-94), 6-94 SEC. 30 TR IN LOT 9 CONT. ' 1 c,. 6AC; AI C I1 :'t TR OF MEANDER LAND 1:N THE W1/2W1/2 CONT ' AC )T1: 0497 PG 05211 PE': 0487 PG 0559 PK 0601 PG 0772 BK 0601 PG 0-t 7 3 PK K (1° 9.1 PG (1891. AR88 31.600 (1 YES, SEND ME A RECEIPT 5B 025... IN THE ABSENCE OF STATE LEG- ISLATIVE FUNDING YOUR SCHOOL GENERAL FUND LEVY WOULD HAVE BEEN ASSESSED OWNER: L ORDERED BY: TAXING AUTHORITY NAME TAX LEVY TAX DOLLARS GARFI E:1...I) COUNTY GRANT) VALLEY FIRE COLO RIVER CONS WEST DIVIDE WATER CONS GRAND RIVER HOSE' GRAND VALLEY CEMETERY SCHOOL... DISTRICT 16 COLO MIN COLLEGE PARA/BATTLEMENT MESA P8/REC 13.655 2,1.01 .794 ,330 7.273 .300 22.590 3.997 ....1'9 56.26 0.99 1.62 1.. 3 6 1..1,.1 E) 93.07 16.47 11.24. TOTAL... LEVY 49.1.49 A mill is .001 of one dollar. TOTAL TAX LEVY x total valuations 1 1000 = TAX DUE ASSESSED VALUATION 1ST HALF DUE FEB 28th 2ND HALF DUE JULY 31st O TAX RECEIPT CHECK CASH REFUND PAID BY FULL TAX DUE APRIL 30th Make checks payable to: Garfield County Treasurer Box 1069 Glenwood Springs, CO 81602 (303) 945-6382 0 PRINT ADDRESS CHANGE ON BACK STATE OF COLORADO COUNTY OF BARFIEI....1) OFFICE OF THE TREASURER CERTIFICATE OF TAXES DUE FOR TAX YEAR ANVIL_ POINTS PROPERTIES LTD. 1700 L.1 NCOI_N E3TRE:ET , SUITE 3950 DENVER, CO 80203 COMMONWEALTH TITLE/ N )1 SCHEDULE NUMBER CERTIFICATE NUMBER DATE 01/28/92 270231-047 92-0111.;` LEGAL DESCRIPTION OF PROPERTY TTL VALUATION 4120 2175 303 00 001 30--6--95 SEC. 25 FART OF LOT 4 LYING E_ OF THE CO. RD., THE COLO. RIVER, °, W OF THE SEC. LINEE BETW. SEE( (6-95) a SEC. 30 (6-94), 6-94 SEC. 30 TR IN LO - CONT. 10. 6AC, ALSO A TR OF MEANDER I....AND IN THE 81./281./2 CONT. 20A0 Pk 0487 PG 0520 131: 0487 PG 1.1559 Iz 0601 PG 0772 - 13E 0601 PG 0773 BL:: 11593 Pr 0E394 ACRES 31.600 1992 TAXES HAVE NOT YET BEEN CERTIFIED TO THIS OFFICE. NOTICE I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF REAL ESTATETAXESDUE UPONPARCELS OF REAL ESTATE PROPERTY DESCRIBED HEREIN, AND ALL SALES OF THE SAME FOR UNPAID REAL ESTATE TAXES SHOWN BY THE RECORDS IN MY OFFICE, FROM WHICH THE SAME MAY STILL BE REDEEMED WITH THE AMOUNT RE- QUIRED FOR REDEMPTION, ARE AS NOTED HEREIN. CURRENT TAXES: BY THIS CERTIFICATE DOE OT INCLUDE LAND OR IMPROVE- MENTS ASSESSED UNDE A SEPARATE SCHEDULE NUMBER, .. PERSONAL PROPERTY TAXES, OR SPECIAL IMPROVEMENT DISTRICT ASSESSMENTS, MOBILE HOMES, UNLESS SPECI- FICALLY MENTIONED. TOTAL DUE: 203.73 • 011, AMOUNT GOOD THROUGH: 01/31/92 GEORGIA 1. Ft ER I... Pt I>1, TRE ()SUR ROY ROMER Governor • • OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 FAX [303) 866-3589 May 20, 1992 Mr. Andrew McGregor Garfield County Regulatory Offices and Personnel 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Schmeeckle/Irwin Subdivision Exemption Section 30, Twp. 6 S., Rng. 94 W., 6th P.M. Division 5, Water District 45 IIAROLD (IIAL) D. SIMPSON Acting State Engineer MAY 261992 GARFIELD COUNTY Dear Mr. McGregor: We have reviewed the above referenced proposal to split 41.8 acres into two tracts of approximately 21 acres each. The water supply for the two parcels is apparently to be provided by well permit number 63623. Our records indicate another domestic well, permit no. 149640, was registered in the SW 1/4 of the SW 1/4 of section 30 on a 7.7 acre parcel. The location indicated on the application for well permit no. 149640 would place the well on the above referenced 41.8 acre parcel. No mention of this well or the 7.7 acre parcel was included in the subject proposal. Due to the possible conflict in parcel information and well location, we are unable to comment on the adequacy of the water supply until a surveyor's plat map can be provided that shows the parcel boundaries and the location of all wells on the property. Until this information can be provided, we must ask that this proposal be held in abeyance. Sincerely, John Schurer, P.E. Senior Water Resource Engineer .IS/JD/schmeeck.rev cc: Orlyn Bell, Division Engineer Bruce DeBrine R. qr-- ,/ (ANVIL POINTS) Rul iso. 5/8 1.` JR 5/5S 115207 7 1. qpring 5163 r6 . • 0 . • • 11 1/ II /// 554 ,9 .0/0.%90 s+1t.7s /7- LOT .3 !0) r28St p2Ac � K gpfg M op 0.y.. I�.3e 240 es029 Es/Ar -,e-srvr�- .00C .0349 t / 419 l'ed* #141: sea 203': �►7 170 ft .41P/V4r01 4 8".9c 1`• • r 1 T 1 77, r.. _• o _lr+ompl:' .iimal firm• �., f 3 �0rte'';.. 883.2/ tO 7" ..9 Gree. 3t * Z 71$4 Cb✓NTY D aro tn! 6. 4) r� Ad4°l 5 _ i • FORM NO. GWS-32 11/90 PUMP INSTALLAN AND TEST REPORT STATE OF COLORADO, OWE OF THE STATE ENGINEER For Office Use only 1. WELL PERMIT NUMBER 6, ‘ • 3. 2. OWNER Mailing City, Phone NAME(S) rV b/"APA itv. < dt,Led e A t d IA Address 6 '3 o6 C..,;-(--„j 4 i 3:Z3 St. Zip /,-'1c C t.1 i-cA.I,, 41 65 D (3 ;,'3 ) 6,z. $ - 3i a 3. WELL LOCATION AS DRILLED: W1 /4 _S• yVJ 1 /4, Sec 'b Twp., Range ?In . .S. DISTANCES FROM SEC, LINES: '3 VD ft. from .6 es7r4. Sec. line. and y2 9 ft. from CO Sec. line. FILING(UNIT) . SUBDIVISION: STREET (north or south) (east or west) LOT BLOCK ADDRESS AT WELL LOCATION: • 4. PUMP DATA: Type,S'it...bij'j, Installation Completed Pump Design Pump ADDITIONAL Manufacturer 5-4'/ / Pump Model No. , t • . -,dr,�i GPM lb at R M 3L. tb , HP i , Volts . D , Fu L -. Amps 4 . . .. Intake Depth ) 7 Feet, Drop/Column Pipe Size ) Inches, Kind . INFORMATION FOR PUMPS GREATER THAT 50 GPM: , . TURBINE DRIVER TYPE° ❑ Electric ❑ Engine Design Head feet, Number of ® Other Stages , Shaft size inches. 5. OTHER EQUIPMENT: ft. . Monitor Tube Installed Depth ft. Airline Flow Meter Installed ❑ Yes ❑ No, Orifice Depth Meter Mfg. • Yes ® No, Meter Serial No. Readout ❑ Gallons, ❑ Thousand Gallons, ❑ Acre feet, ®. Beginning Reading 6. TEST DATA: ❑ Check box if Test data is submitted on Supplemental 4 .- fl) 1z_ Form. Total Static Date Q Date Well Depth / Time Level Rate (GPM) lb Measured .,. 11• Pumping Lvl. pile 7. DISINFECTION: Type any Amt. Used b 8. Water Quality analysis available. ❑ Yes No 9. Remarks 10. I have [Pursuant degree CONTRACTOR Mailing Address read the statements made herein and know the contents thereof, and that they are true to my knowledge. to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second and is punishable as a class 1 misdemeanor.] -,.•1 /EL °..dr_,,_....._ �t _ IL _ < - Phone L "� _ d - Lic. No. _ {tom, . • . it. _' _-%.-, i' __ Z" N,; me/Title (Please type or print) tt) j,VW Sig ture Date • 'rte • • /j. ,• 1". •' i� / .A 1 ...... . _ :...;...:-+.u:.irst..�.v. fir?"' (' y�� `+. ''.''y- t ` :•77• •• ;.i :^t5' '' ;,.•.. ) 1 • 'ti • u' .4!i y^. i1t7 :fir • (.. e A, 40T'. .5 (roc .ro) p fr 444 41 6.1' g ,,.1 1?`�� _a/Wt. ire /'W1 + Rt707 • 4 ,f .;!:.:1 Sw Gl'1' -0+9f . r' r ' It y 4 jMK .otic. •r cl',.e^10 t / 71• -2 44 ave. /I' • • 347 J:11 Y• -1.1.2','}I G!J• -P4 ri 7" dc ROY ROMER Governor • • OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 FAX [303] 866-3589 May 20, 1992 Mr. Andrew McGregor Garfield County Regulatory Offices and Personnel 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Schmeeckle/Irwin Subdivision Exemption Section 30, Twp. 6 S., Rng. 94 W., 6th P.M. Division 5, Water District 45 Dear Mr. McGregor: HAROLD (HAL) D. SIMPSON Acting State Engineer GARFIELD COUNTY We have reviewed the above referenced proposal to split 41.8 acres into two tracts of approximately 21 acres each. The water supply for the two parcels is apparently to be provided by well permit number 63623. Our records indicate another domestic well, permit no. 149640, was registered in the SW 1/4 of the SW 1/4 of section 30 on a 7.7 acre parcel. The location indicated on the application for well permit no. 149640 would place the well on the above referenced 41.8 acre parcel. No mention of this well or the 7.7 acre parcel was included in the subject proposal. Due to the possible conflict in parcel information and well location, we are unable to comment on the adequacy of the water supply until a surveyor's plat map can be provided that shows the parcel boundaries and the location of all wells on the property. Until this information can be provided, we must ask that this proposal be held in abeyance. JS/JD/schmeeck.rev cc: Orlyn Bell, Division Engineer Bruce DeBrine Sincerely, JAAAA John Schurer, P.E. Senior Water Resource Engineer