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Home My WebLink About1.0 Application.j TO 'WIOM IT MAX CONCERN: November 07, 1983 We,. Kenneth & Sara Straight are the subdividers in this request. We currently own 12.02 acres of land located 8 miles northeast of New Castle, on County Road 243. Darrel & Lillian Reed, of 4410 County Road 243, New Castle, hold the only mortgage or lien on this property. I, Kenneth Straight, was working for Exxon last year when they shut down their operation. I was consequently unable to find work until May of 1983, almost a year later. We fell hopelessly behind in our land payments during that time. Although I am now working, it is for less money than I was making at Exxon. Now, on a smaller salary, it is difficult to keep up the monthly mortgage payments; there is virtually no hope of ever catching up the payments which are behind, or of building a house. We are on the verge of losing our land, but recently ran. across a person who is ery interested in purchasing part of our property. We are therefore, seeking permission to split our land into two parcels in order to sell one. We will then be in a financial position to keep our remaining land and build a home there. Otherwise, we will lose the entire piece of land. We could, of course, sell the entire piece of ground, but we love the land and want to keep living there. Therefore, we are requesting permission to subdivide our land into two parcels, so that we may keep, at least, a portion of it. We have, hopefully, included all the information that is required for such an approval. If you need any further information, you may contact Sara Straight, at work, at 945-6535, home, 984-2740. Thank you. Ext. #397, or at e..../ (f-} +;' '!l-/�.� KENNETH `7. STRAIGH J/ /d ,rPrfARA A. STRAIGHT ` ,r REQUEST FOR E) PTION FROM FURTHER SUB -DI STRAIGHT SUB -DIVISION SKETCH PLAN REQUIREMENTS: SKETCH MAP: ION REVIEW 1. Copy of survey, attached. 2. Conceptual drawing, attached; only two lots proposed on the 12..02 acres; one 10 acre and one 2.02 acre. 3. If unable to obtain separate well permit for 10 acre parcel, will use existing domestic well as two party well. 4. Septic system proposed. 5. Parcel is located on existing school bus route. 6. See attached drawing showing stream, easements, utility lines and nieghborng homes. 7. Total acreage of the existing tract is 12.02 acres; requesting permission to divide into a 10,and a 2.02 acre tracts. 8. A/R/RD 9. General land use is residential. 10. Straight Sub" -division, located in Garfield County, in Township 4 South, Range 91 West of the Sixth Principal Meridian. GEOLOGIC & SOILS ANALYSIS & RADIATION EVALUATION REPORTS: 1. See attached report. 2. See attached report. 3. No known radiation hazards. VICINITY - TOPOGRAPHY See attached map. November 07, 1983 TO THE BOARD: 1. See attached copies of; title insurance, mortgage contract, utility easements, access easements and legal description. Darrel & Lillian Reed are the only mortgage holders on this property. 2. The total development area consists of 12.02 acres, which we would like to split into two parcels of 10 acres & 2.02 acres. 3. We are proposing one single family dwelling for each of two parcels. 4. We hold an existing domestic well permit which is capable of supporting two dwellings. 5. No sewage treatment facility is proposed or necessary; individual septic systems are sufficient. Not applicable. Legal access through the Reed property; see attached copy. Sub—Dividers: Kenneth W. Straight — Sara A. Straight Map Unit No. XL DE Part A SOIL CHARACTERISTICS Depth to bedrock Texture Surface Subsoil Substratum Unified Classification Permeability Percent coarse fragments (greater thag 3 inches) Salinity (ECx10 @ 25°C) pH (surface) Shrink -swell Potential Potential frost -action (surface) Flood Hazard Hydrologic Group Corrosivity Steel (uncoated) Concrete -More than 60 inches - Fine sandy loam : Sandy clay loam : Sandy loam, sandy clay loam SM, SC, CL, SM -SC : Moderate to moderately rapid 6.6-7.8. Low to moderate Moderate None B Moderate Low DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill Shallow Excavations Trench Area M Slo2e S • S S M Slope Slope, seepage Seepage Seepage D,_. Ings w/basements : M w/0 basements . M Local Roads & Streets M Slope, frost action, low strength SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Eoadfill Slope, low strength Slope, low strength Sand Gravel Top oi_1 Fair Fair Poor Slope Low strength, frost action, shrink - swell Excess fines • • Unsuited Fair Slope SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF 0N -SITE INVESTIGATION Ip Unit No. Xt}5DE Part B SOIL CHARACTERISTICS Depth to bedrock :-More than 60 inches' Texture Surface : Stony loam Subsoil Substratum : Very cobbly loam, very gravelly loam Unified Classification CL, ML, GM Permeability : Moderate Percent coarse fragments : 40-75 (greater thag 3 inches) Salinity (ECx1O @ 25°C) pH (surface) : 7.4-8•�+ Shrink -swell Potential : Low Potential frost -action (surface) : Moderate Flood Hazard None Hydrologic Group B Corrosivity Steel (uncoated) High Concrete - Low DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields. Sewage Lagoons Sanit:- v Landfill Trench Area Shallow Excavations S Slope - S Slope • M Slope, small stones S Slope _ S Slope Dwellings w/basements S Slope w/0 basements .• S Slope Local Roads & Streets S Slope SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Poor Slope, small stones Roadfi.11 • Fair Frost action, slope Sand ,.Poor Excess fines, small stones Gravel : Poor Excess fines, small stones Topsoil : Poor Slope, small stones SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON --SITE INVESTIGATION r �� r- r— • r i .1 t ct. 1,.. �.1 ° i F- \ r 1 M # t 1/1 • • JoDJer ic.1 fr• e-- (T3eit i i rNE = -tee ILA CeA--i-tA re LA1\�.) "":(140-t e,nk stub,1eP/e /borne, 0 As StRA 1G kt 6t.tv:s; 1 r o w n RPw e - S, AL r► ceb-1 Ines, d-: 4n • SfrBpg-' O Lu r 2G .r10 Sr .� METHOD OF PAYMENT New Castle z 0 G w i_3 rn 3 z 0 0 41, enneth Straight — 4 NAME OF LINE OR EXTENSION ADMINI T :ATIVE AND Q ATIN 7 PRACTICES MOUNTAIN BELL — PUBLIC SERVICE COM".\NY Correct: RETAIN PERMANENTLY Grid No. 07/18 Approved: Plat No Document No. Dale Clawson UTILITY EASEMENT R 0 W Agent The undersigned Grantor hereby acknowledges receipt of $ 1 00 (one and no/100) from PUBLIC SERVICE COMPANY OF COLORADO AND MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, hereafter called the Grantees, in consideration of which he hereby grants unto said Grantees their successors and assigns, an easement to construct, operate and maintain utility lines and all fixtures and devices, used or useful in the operation of said lines, through, over, under, across and along a course as said lines may be hereafter constructed in Parcel No. 3 Block Subdivision_ Homestead Entry. Survey 4 38 in the of Section s 35 and 36 Township 4 South , Range_ 91 West , of the sixth Principal Meridian in the City of , County of _ Garfield State of Colorado, the approximate center line of the easement is described as follows: Beginning at corner #8 of Homestead Entry Survey ##38 Township 4 South Range 91 West thence N17° 06'38"W four hundred fourty and forty-eight hundredths (440.48) feet thence N90° oo'oo"W six hundred sixty three and eighty hundredths (663.80) feet to true point of beginning thence N55° 06'59"W fifty five (55) feet more or less thence S89° 30'01"W two hundred sixty five (265) feet more or less to point of termination. Together with all necessary down guys and anchors. Said easement is 10 feet in width. Together with the right to enter upon said premises, survey, construct, maintain, operate, repair, replace, control and use said utility lines and related fixtures and devices, and to remove objects interfering therewith, including the trimming of trees and bushes, and together with the right to use so much of the adjoining premises of Grantor during surveying, construction, maintenance, repair, removal or replacement of said utility lines related fixtures and devices as may be required to permit the operation of standard utility construction or repair machinery, and the right to permit the installation of the facilities of any other company. The Grantor reserves the right to use and occupy said premises for any purpose consistent with the right and privileges above granted and which will not interfere with or endanger any of the said Grantees facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to erect or cause to be erected any buildings or structures upon the right-of-way herein granted. In case of the permanent abandonment of said right-of-way, all right, privilege and interest herein granted shall terminate. Grantor further grants unto the Grantees the right, privilege and authority to permit any form of other communications or other utility company to occupy and maintain its facilities within and in accordance with the provisions of this utility easement. The work of installing said lines and related fixtures and devices shall be done with care; the surface along said right-of-way shall be restored substantially to its original level and condition. "Grantor" shall include the plural and the feminine. Signed this day of___- , 19 WITNESSES: GRANTOR STATE OF COLORADO ) ss. County of ) this__._____ _._day of Kenneth W. Straight Sarah A. Straight The foregoing instrument was acknowledged before me ,19 by* My commission expires Witness my hand and official seal. `If acting in official or representative capacity, insert name and also office for whom acting. Notary Public a ACI EE.N,i1ENi FOR SALE AND PURCE{ASE THIS AGREEMENT is made and entered into this el -day of August, 1981, by and between LILLIAN REED and DARREL L. REED, hereinafter referred to as Seller, and Kenneth William Straight and Sara Anne Straight, hereinafter referred to as Purchaser. WITNESSETH: The purchaser agrees to make the payments and perform the covenants herein mentioned to be made, and the Seller agrees to convey to Purchaser the following described real property located in the County of Garfield, State of Colorado, to wit: (See Exhibit "A" attached hereto and incorporated herein by reference.) in fee simple, by good and sufficient warranty deed, free and clear of all liens and encumbrances except patent reservations, easements, rights of way, building and zoning regulations, and the 1981 real property taxes payable in 1981. Taxes for 1981 or any other prepaid rents will be prorated to the date of closing based on actual costs or if actual costs are not available the last assessments made. Seller reserves all mineral rights to said property. Title shall be merchantible in Seller. The purchaser agrees to pay the Seller Eighty -Eight Thousand and no/100 Dollars ($88,000.00) as the purchase price of said properry, payable in the following manner, to wit: Eighty -Six Thousand Dollars ($86,000.00) in the forra of a promissory note which note shall bear interest at the rate of ten (10%) per cent per annum. Said note is to be secured by a first deed of trust on the subject property. Such note shall be payable as follows: (1) Interest payments on the unpaid balance on a quarterly basis which shall he due on or before December 10, March 10, June 10, and September 10 of each year. (2) Two Thousand Dollars ($2,000.00) payables on September 10 of each year until September 10, 2001 when the remaining unpaid principal and all accrued interest shall be due and payable. In the event Purchaser shall default on the terms of the promissory note or the deed of trust, interest shall accrue at the rate of thirteen per cent (13%) per annum from the date of default. Seller shall also be entitled in the event of such default to their reasonable attorney's fees to enforce the provisions of the promissory note or the deed of trust. • s Seller agrees to install a cattle guard at the intersection of the described easement and County Road 2(43 at their sole cost and expense. Purchaser agrees to install a cattle guard at the wast side of the Bridge on said easement which crosses Main Elk Creek at their sole cost and expense. Seller agrees to gravel the easement from County Road 243 to Purchaser's property line on the northerly side. Seller shall also install at their expense the bridge over Main Elk Creek, on or before February 11, 1982. The Seller at their expense shall furnish Purchaser a current commitment for Title Insurance Policy, in an amount equal to the purchase price, on or before ten (10) days prior to closing. Seller shall deliver the Title Insurance Policy to Purchaser after closing and pay the premium thereon. Purchaser, at their expense, shall furnish Seller a Mortgage Policy, with all proper attachments to protect Sellers, for the subject premises an amount equal to the amount of the promissory note as set forth above. In the event such Title Insurance Committment discloses such title to be subject to defects, or subject to excep_ions other than the standard exceptions and those noted above, Purchasers shall have ten (10) days after delivery of. the Committn►ent to notify Seller of such defects in the title, if any. If Sellers are not so notified in writing, Purchasers shall be deemed to have accepted title subject to all other exceptions and all such defects, if any. In the event, however, that written notice of Purchasers' objections is delivered within the ten (10) day period aforesaid, then Sellers shall have a period of one hundred and eighty (189) days after. receipt of such written notice to correct or cure such defects or exceptions; and if correction or curing thereof cannot be completed within the said one hundred and eighty (180) day period, then Purchasers may either accept the title without correction or curing, or declare this Agreement terminated and receive a return of any funds theretofore paid to Sellers. Closing shall be on September 10, 1981 at the offices of Charles H. Willman, Attorney at Law, Glenwood Springs, Colorado, at a mutually agreed time. Sellers shall deliver to Purchasers possession. of the premises at closing. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or performed as herein provided, there shall be the following remedies: -2- In the event a payment or any other condition hereof is not made, tendered or performed by Purchasers, then this contract shall be null and void and of no effect, and both parties hereto re- leased from all obligations hereunder, and all payments made hereon shall be retained on behalf of Sellers as liquidated damages. hereof as treat the In the event that Sellers fail to perform any condition provided herein, then Purchasers may, at their election contract as terminated, and all payments made hereunder shall be returned to Purchasers, provided, however, that Purchaser, may, at their election treat this contract as being in full force and effect with the right to an action for specified per- formance and damages. This Agreement for Sale and Purchase shall not be re- corded. IT IS MUTUALLY AGREED that all the covenants and agree- ments herein contained shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. LILLIAN REED, Seller -r-frel-e-TP-eAtta DARREL L. REED, Seller SELLERS' ADDRESS: 4110 243 Road New Castle, CO 81647 .-eme-e/ 6,1)4.-e: KENNLTH WILLIAM STRAIGH urchaser SARA ANNE STRAIGHT, Purch, et PURCHASERS' ADDRESS: 2439 245 Road New Castle, CO 81647 i Rim IN N 4 U3 b i -p .p to p lL '�-Z rs...� cc - Ir A O i r z rn G/ -5L r NOzs- 77:-/ March 8, 1982 Mr. & Mrs. Kenneth Straight 2439 245 Road New Castle, Colorado 81647 Re: Purchase of Reed Property Dear Mr. & Mrs. Straight: Please find enclosed the recorded Deed to the property which you purchased from the Reeds. Also enclosed is the Policy for Title Insurance issued by Stewart Title Guarantee Company. I believe this completes the transaction other than the payment of the note to the Reeds in accordance with its terms. S ,,e� C RLES H. WILLMAN CHw/rc Enclosures 811 Blake Avenue P.O. Box 1 343 Glenwood Springs, Colorado 81 602 (303) 945--8571 Jr .POLICY OF TITLE INSURANCE ISSUED BY FrR:.114_4 ¢_d ss N pi- Yi-4 r :: r[IN LIQ GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY COMPANY, a corporation of Galveston, Texas, herein called the Cornpany, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Cornpany may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Chairman of the Board Countersigned: Authorized Countersignature E N A ri T I'&' E GUARANTY COMPANY EXCLUSIONS FROM COVERAGE President The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 0018 Page 1 of Policy Serial No. 0 4 9 IM r1 5 11 7Y • t r_ • CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual Toss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. .Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. S TE WA_ I+Lrt"1i I i r, V J1_E GUARANTY COMPANY Page 5 SCHEDULE B —.Section 2 Exceptions Order Number: 4.-J334—t The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: Commitment Number: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary Tines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. G. Any aid all unpaid taxes and assessl ts. 7. 6effect of ic1 s • r t; any er 1 or s` c1 tic tial r conservancy, fire protection, soil conservation wsfair or O.. • strict ;r 1;ic1t:sion i a";. ",C,tt.' service. o'r' street 1r:prove e it area. ntZi7jht f 1 c?;s for ditches or canals cot; t rJCteC Ly tft2 authority of t, -: Unite States as resE`.ry . in United States Patent mooE & Du..1-ier 1A3, in Look .k at Faue 267 as Reception 4S4G_;. Exceptions numbered are hereby omitted. Page 4 5'1` t`i't ��4.�T TITLE GUARANTY COMPANY 1654 Order Number: ':./334—G SCHEDULE B — Section 1 Requirements Commitment Number: The following are the requirements to be complied with: Item {a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to he insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record , to -wit: 1. Partial release of !lortQa!!,e fro 'Cierrel L. Ree an.,•S Lillian to The Federal La;nz ::,anb of -ichita in tee ilftount of datC jr,cte!.er 2(2, 197'2, rdcorded iictober 27, 1972 in oc.ib 437 at 1 sReception r,eed frot% vested &!!ner, vesting fee sirivle title in purchaser(s). of Trust fro t!=e bcrroc; to the FoLlie Trustee for the use of the proposed' 1t.nc;or to secure the loan. iter 2 86.d 3 .sculd contain the follcuin easents: nToether vith tLa fellovinc, describc 30.03 foot access caseent 1y.tj adjacentto and 15.U0 ft on either side of tho fulluAml described Ceoinning at a point on the Easterly line of County Road 243 fru: thence Gorier o. 3 of said Fol:.f.7,teed Entry Survey ;A.1. 32 brs S- 770 2.4'1S' E. 1602.5 fet; tnence 7ifiWO1E. 242.10 feet*, thence 99.6 feet alotg the arc of acry to of•50.90 feet, a central an0e of 11G1IF,', 949.E:2 feet); thence N. 90°00'00'. L. 150.00 feet; \ ) thence 49.79 feet alcnv the-Erc of a cerveNto the riht, avia radius of 71.41 feet, a central a;1 r'3703 (ore 48.79 feet; L. the rit-4avin a radius cur beal- f..:4*22'CO' E. bears S. 10O l'2.' E. CO a peift ofrtvnination, fkao,,wnce Corner c. of said Lwestead Entry Survey "..; bears S. '"07'39" E. 1102.27 it. Asc torjetilor Oqth the followin described 20.7;.; foot access easf:yent 1 lyin aiijacent tc3d 10.00 fcet on either si;-"e of the follo.,-dn described line: fj Reginning at Corner o. 8 of said 1.:omestead Entry Survey no. 33; thenc C9G17'3,.; V:. 1102-37 feet to the Truyoint of_ejnnin.; thence S. 62*59i" E. 146.2.C. feet; thence d. 1L'14'05" E. 1U1. ?1 ficit to a point of tcmination that bears C4014)26' Y 922-69 feet fro, Corner o. 3 of said Host -c' Entry Surwy 38." Page 3 STEWA 141"FIT LE GUA ft NTY COMPANY American Land Title Association Commitment - p,1 fled 10/73 it COMMITMENT FOR TITLE INSURANCE ISSUED BY vir IE la E GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or .interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitmellt or by subsequent endorsement. This Commitment is preliminary tc the issuance of such policy 'or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company, This Commitment shall not be valid or binding until countersigned by an authorized Officer or agent. IN WITNESS WHEREOF, the Company has caused'tlis Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment iseffectiveass of the dame shown in Schedule A as "Effective Date." .� f'' ' '�,R T T T E 10E Chairman of the Board Serial No, CC _ 2 7cs 2 President Reception ilo0.,.a Recrorded at (2.0 o'clock .-...a..M., te4aga_ze. SEP 1419a Recorder. 6G;,K 3 1 PAGE1B3 THIS DkED, Made this 10th day of September 1981 ,between DARREL L. REED and LILLIAN REED of the County of Gar fie 1 d and State of Colorado, of the first part, and KENNETH WILLIAM STRAIGHT and SARA ANNE STRAIGHT RECORDER'S STAMP et,. SEP 14 1981 whose legal address is 2439 245 Road, New castle, Colorado of the County of Gar f ie 1d and State of Colorado, of the second part: WITNESSETH, that the said part 1 es of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION WIRA , to the said part ie s of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha v e granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lots or parcel s of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: See Exhibit A attached hereto and incorporated herein WklIWW1Ws OIx> l r TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part 1 es 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 appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said part i e s of the first part, for them selv e s , their heirs, executors, and administrators do covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these pres- ents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha v e good right, full power and lawful authority to grant, bar- gain, 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, assessment and encumbrances of whatever kind or nature soever. except a Deed of Trust to Federal Land Bank of Wichita, easements, covenants, reservations, and rights of way of record and 1981 taxes payable in 1982. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part ie s of the first part hav e hereunto set theirhands and seal S the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO County of Garfield The foregoing instrument was acknowledged before me this 1 0 t b 1981,by Darrel L. Reed and Lillian Reed. }SS. DARREL L. REED LILLIAN REED My commission expiresNov ember 8 , 19 83 . Witness my" day of [SEAL] [SEAL] [SEAL] September. ,1Q:1 x litancl` iil seal. O , nap -� p f__ l f.t No. 921. WARRANTY DEED To Joint Tenants. ---Bradford Yubtishinr Co., 1824-46 Stout Street, Denver, Colorado (573-5O:11 —5-77 • EXHIBIT "A" LEGAL DESCRIPTION BOOK 551 r191 A parcel bf land situated in Homestead Entry Survey 4,38, Township 4 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning'atCorner #8 of said Homestead Entry Survcy #38, thence N. 17306'38" W. 440.48 feet to the True Point of Beginnina; thence N.90')00100" W. 893.80 feet; thence N.66;) 33'59" W. 129.22 feet; thence N.16'43'09"W. 184.92 feet; thence N.11'09'41" E. 230.00 feet; thence N.90 -00100"E. 26.-,.84 feet; thence N.00D00100E. 348.48 feet; thence N.90 '0n'59"E. 250.00 feeL; thence S.00 00'00"E. 348.48 feet; thence N.90'(,0'00"E. 367.40 feet to a point on the easterly line of said Homestead Entry Survey #38; thence S.17c06'38"E. 475.17 feet to the True Point of Beginning, containing 12.02 acres, more or less. Together with the following descri_30.00 foo', easement lying adjacent to and 15.00 feet on e2ther side - of the following described line: Beginning at a point on the easterly line of Coeuty Road #243 from whence Corner #8 of said Homestead Entry Survey #33 b, ars S.77'24'15"E. 1602.05 feut.; thence ;,:.78-4100"E. 242.10 feet; thence 99.68 feet along the arc of a curve to the right, having a radius of 506.90 feet, 3 central angle of 11'16'00", (chord bears N.84 -22'00E. 99.52 feet): thence N.9000'00" E. 150.00 feet; thence 49.79 fet long the arc of a curve to the right, having a radius oF 71.41 feet, a central angle of 3957'03", (chord beaL-s S 70(01'28E. 48.79 feet; to a point of termination, from whence Corner ir8 of said Homestead Entry Survey #38 bears S.69-'17'39"1". 1102.37 feet. Also together with the following described 20.00 foot access.) eaement lying adjacent to and 10.00 feet on either side of the following described line: Beginning at Corner #8 of said Homes tad E'ltry Survey #38, thence N69`17'39" W. 1102.37 feet to the True Point of Beginning; thence S.62'59'05"E. 146.26 feet; thence N. 16 14'05"E. 101.71 feet to a p,int of termination that bears N.64' 14'26"W. 968.69 feet from Corner #8 of said Homestead Entry Survey #38. Order Number: 1. Effective date: SCHEDULE A :t.. T _:'' .ER 7. t., s1 .'.f a,:i.^.; _ Ca_C A. A. 2. Policy or Policies to be issued: A. ALTA Owners Policy Proposed Insured: .L,: i fl WJLLli,ti ST -.::4 AU Si -RA (,. ii. f.::.Y ii B. ALTA Loan Policy Proposed Insured: DAR FLt L. REED hi.:i L,`Li..dt,i •s REIJ; c. Commitment Number: Amount of Insurance $ T X LMIIFICATE .,0,2C;.44 3. The estate or interest in the lead described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: a :'°. R aL L. E',ARD 1 I U fl . REED 4. The land referred to in this commitment is described as follows: A parcel stC"l et land sit.y .�i?orsestead Entry SLrL4 Vo."' rEtr3 q - 4 1.tTgz91-est i�e h , Garfield County, Colorado -� 9triis ar1y described cribed as follows: .a3 dint Gst Co .�,r -.• 8 of .r }}d; }�f�T.: d- ., {'.•r't E Str q 2: } epi t � l �L,i •'•.'.3 ilii � '4 p,E�t i� ��3L tI ny.t i, netiai.. j'w �/r :. nsst;`.+�.`�� :'*' yUi'at,�a �`:r Irct. to t! -4e rq? - 411. op r..��.:a�iiiyiiiti t 1..:r tce .. . )c 1 :ii = `1y U : . .$3.a) i = a L. y...._..,....,._,.. ...-mac«. thence I‘L ' ! s; } i;JU. 1C • iaf ooEe s ri r� 1 6 t 8 " E +g "it'd - b"AA .j}i,�3L'.#y fE�^rt. Si`w 1 � � $ 'c. � E. G//� a .. /Jsaaf i i.:\ thcttc4 (nfSILitY<(}Ra.'A 4'.JJ «'"4 ft -et, 1 'a,� cac 'Y. ,G .�Ll ��4.a-"1`'a� s:. 34%.,8 ice -CL) :.t.\) A .n5�. ...J feet♦ a s.i+t�� fect; 9"flr Dtto L� Ny� 7.L{a R ( t- �j C -t t r, P < a. 1. e /.f �"�s'L? ��r« .d 2J.1 i... �V �{!i '4 R •. 4r i� L.4 L. (: i,: t.�� 1� Us,,! v. G'.�a �'w F••i<r'1' line of J�. s i�tt.�{est aci L:!'L y S rvcy , „ r ( 1 R(} s3;}a� i �+- e. i.fe. uta^t f .ryi i.tims.' S. i � +..1t�i vtf E. c75.17 t "�,�1. to �. e Point Q C=TY Y O " GP 'C _gI ELD STATE OF CC:LORN Authorized Countersignature 1652 Page 2 AGENT'S FILE COPY vire. AL 1Z 9P IP Sit'I J. GUARANTY COMPANY a C7 6 Appiicanyj I list Lr complete where _,pplicabie. Type or print in BLAC1.,.c I K. No overstrikes or erasures unless initialed. co,.....,,,,,,, ,tt I, %) ^SiJ, . -$_ P , EC . ic•tS: rcn .I�n:Ig., •.,i:, Sherman , Ltn•Jer, Colorado -)20 3 • ... m y i , ATI I r.-) r_ r -r (>%) A PERMIT TO US',:: GROUND WATER (\") A PERMIT TO CON: rfiUC:T A WELL FOR: (.>() .t PERMIT TO INSTALL A PUMP ) 1;,__" ,:,-,.u. ;ikNT r I(.) ( )OTHER WATER COURT CASE NO. _-.__._.____._. A L11.l erryi 6 1981 '''T T•u'0. (1) Ar'; L(C A)�!% - mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS C O L X. NAME AK? ''‘r -C'VA Tr) STREET ':` LI 1.f2 ✓ !' _ � a) (fi � (.1 < CITY r:\ s' (State) ;fi3) TELEPHONE NO L.7 C' `� (2) LOCATION OF PROPOSED WELL County t!, /fi-. Tic -2- -t % of the '/4, Section - r — nvjst (EN.0 VJ) (3) WA i EiR USE AND WELL. DATA ;'ti 2'_ P.M Receipt No. —or.*� Basin _ Dist. CONDITIONS OF APPROVAL This. well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from se -eking relief in a civil court action. Proposed maximum pumping rate (gprn) Average annual amount of ground water t_ to be appropriated (acre-feet) : 1 n c`' ` �''" Number of acres to be irrigated: / ,) G I? _ •--• ---- -" -- V fp CI r., -p,... "i'r C; 0 ill Proposed total depth (feet): Aquifer ground water is to b: ab':tii ed from: Owner's well designation AROUND WATER TO BE USED FOR: r1 is 1/ NI -HOUSEHOLD USE ONLY - no irrigation (0)"--:- ( 0)-"( 1 DOMESTIC (':) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) :MUNICIPAL (3) ( ) OTHER (9) DETAIL THE USE ON BACK IN(11) (4) DRILL_R (_.-. Name i ' f Stre?t City Y1PxUED :0R DW ?.O IC UE, T.cLS.i"rr",Y•., .i- i. RIGA izo:`r OF i,c't' o,'2 a.,:, 1C30 O 3 ,.APPROVED FOR A LOCATION IN THE SW : -z. OF THE SECTION35, TOWNSHIP 4 SOUTH, RANGE 91 ,'TEST, 6TH P..M. AT DISTANCES OF APPROXIMATELY 1 150 d FEET FROM THE SOUTH SECTION LINE AND 620 FEET FROM THE !!EST SECTION LINE. PPLIC,1 11'71\) APPRC'•.r'ED PERMIT NUMBER- -- r' x.11 •_. ST -LP 0 1-981 DATE ISSUED 1- 0 0 . C ; E.xp,,,.?,,:ya iON D,L., ,,,v j Vit- !i :'f . ,/ 1, s"•`�4ti`t��rL.d•-�,• _'I1) ',..,,A '.: LNI-: �I`; 'J • t 4r27i ,-(� �. >� �. -- a r�,I� (!.3) THE LOCATION OF THE PFIr'...'.;ED VVELL and the are00 (6) THE M.L MUST BE LOCATED r3E',...P'AI th' w;it.,!r will lw iv -,t !I''1'71 IllerliC;11141 nn tho di:.igrani. .IOW. - b,Tciv:IIIVes from section 1(nt.:7... . Us,: ti (..ENTLiri Lii:..C.1!01•i , i .: .ii.i.i.ni i, wit) acr(...:) tor the v•tell loGiition. ..-' ft. from sec. line. (north or south) / , • ild Yt'' cit' ft. from -i-C) 6°17'54 VC. line (oast or wes,t) --5 - . ._--- .-' €2 e. r? j 5-6E CoAli,,s. c, FIPP,(2,50,4L SUBDIVISION — NORTH,. A 4- ---I- --I- -I .141 MILE, 5200 FEET -------- 1- -1- -I-- -I- -1-- NORTH SECTION LINE , 1 ,-, i, , (,. ,,,,,,,,:, ./-41C1 i i 1 ;“: t: I r,"\ p, c.)• i ----' — —1-- — -- -- - —I-- ---- — - 1 i —‘_ SOUTH SECTION LINE -+ The scale of the diagram is 2 inches 1 mile Each small square represents 40 acres. -4- — -f in from (7) TRACT ON WHICH WELL WILL BE 1„pcATg? No. of acres O Will this be the only well on this tract? / (8) PROPOSED CASING PROGRAM Plain Casing in. from ft to in from ft to ft Perforated casing in from L ft to ft ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre ofland 1 foot deeP 1 cubic foot per second (cfs) ... 449 gallons per minute (gorn) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot 43,560 cubic feet ... 325,900 gannns. 1,000 gprn pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT 1NELLS givedistanc:c: and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: cy ('')_,pf (.? _ix ''''-)-'-ti) i\- i (-- \. It" \ I Owner(s):•1‘-,,'•*.i--, _ ...\ No. of acres' Legal description: .Ei'-.____L_____n:_ii'FAi. V r frs.P\ (2, cz.-(-- 1--,.Q:4;-1--- e Ce (11) DETAILED DESCRIPTION of the use of ground water: Household use and dornestic wells must indicate type of disposal - ,. system to be used. ... _ . .1:<.5 c' C) (1 1 ki j. /.. LT) L4pc)..; Pr i e e r p (12) c.)THR WATE_ELELLGHTS used on thk land, including wells. Giv Registrdia on and Water Court Case Numbers. Type or right Used for (purpose) Description of land 00 which us'rld • (13) THE APPLICANT(S) ,STATE(S) THAT THE INFORMATION SET FORTH HEREON iS /j-BUE T BEST/OF H I SiIcNOW L EDGE. • . _ - / SIGNATURE ,OF APNLICAN / • paperpuper rnor,.: sl.)ace k required. RICHARD D. LAMM Governor • �> 187 Department of Natural Resources 1313 Sherman Street - Roorn 818 Denver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 February 20, 19 81 Mr. Davis Farrar Garfield County Planning Dept. 2014 Blake Ave. Glenwood Springs, CO 81601 Re: Reed Exemption Dear Mr. Farrar: J. A. DANIELSON State Engineer We have reviewed the material submitted for the above referenced application for exemption. The developer proposes to use wells for the water supply which would intercept ground water tributary to Elk Creek at a point where there is still water available for appropriation. This office can issue individual domestic well permits to individual lot purchasers and we recommend approval of this proposal. HDS/GDV:pkr cc: Lee Enewold, Div. Eng. Land Use Commission Ralph Stallman Very truly yours, Hal D. Simpson, P.E. Assistant State Engineer 1; • FEB 2 4 1981 '! t,t��i3 CO. PLANNER