Loading...
HomeMy WebLinkAbout1.0 ApplicationPur susant to amended, and bhe adopLed ,APr iL 23, Peter StaceY BEFoRET}IEBoARDoFcoUNTYCoI4MISSIoNERS0F GARFTELD couNTY, CoLORADo BE_T I T r ON _FOR-E X EMPT r oN C.R.S. (1973) Section 30-28-I01 (I0) (a) - (d) as subdivision RegulaEions of Garfield count'y, colorado, 1984 Section 2220.49, the undersigner) respect.fully pebitions bhe Board of CounEy Commissioners of Garf ielcl Count.1r, Colorado' to exempb by ResoluLion the division of 20 -acre tract of land into-* 2 tracts of approximately___lg----acres each, more or 1ess, f rom bhe def iniLions of ,subdivision'and subdivided landJ u. the terms are used and <lefinecl in c.R.s. (1973) Secbion 30-28-I01 (10) (a) - (d) and Lhe Garfield counby subdivision Regulations foi the reasons st'abed below: The creat'ion of a second tract, of 10 rylgs and with an excellent bulding s'ite,w'illhelprelievetheho"l!9-1E-:Io'ttegqintheRoaringForkValley' _--r!-L'-Iy-,:t91L,lI-L1igLtj-91Tt!lT:![1I1'-L'-r'Iy-tLl11---- suBMlrrAL REQUTREMENTS: w criL'eria must be submitLed with[" ;FFII*IT6n w6TE6=abisf ies the review criber ia mr all bhe f ollowing inf ormab.ion. A. sketch map ab a minimum scale of 1" =200r showing bhe lega1 descr ipUion of the property, dimension and area of all lots or co!1a r ate int-er es t-s to - be cr ea ted , access Lo a publ i c {vt/ql qvv rigtrt-of-wayr and any proposed easenents for drainage, iriigabion, access or utilibies; B. ViciniUV map aL a minimum scale of 1"-2000' showing the general t.opogiupt,i" and geographic. relat ion of the propgsed. exempt'ion t'o the ;r;;ounding i.*i "iuf,in bwo (2) miles, for which a copy of U.S.G.S. quadrangle maP may be used' C. Copy of it,* <leed showing otqnership bv Lhe applicant, or a letEer from the property owner(l) if other Lhan the apPlicant; and D. Names an<l addresses of owners of record of larld imnediately adjoini;; and within 200 feet of bhe proposed exemption, mineral owners and Iessees of mineral owners of record of the property bo be exempted, an<i tenants of any structure proposed for E. ;?t::l::":i ii: soil types anci characteristics or. each tvpe, ald. F. proof of legal and aclequace source of domestic water for each lot createdr *"Lhod oi ""*igu disposal, lld letber of approval of iii"-piouecuion plan from appropriate.fire_district; atrd G. If c'onnecUion t.o a communiLy or municipal water or sewer system is proposed, a letber from the governing body stabing a ' !rillingness to serve; and It. uu.i;ti"; explaining why exemption is being reguesbed; and r. rt shall be demons[rat.la thaL Ehe parcel.existed as described on .lanuaiy-i, 1973 or the parcel as ib exists presenbly is one of not more bhan bhree pur"*1" creabed from a larger parcel as it existed'on JanuarY 1, 1973. A $100.00 fu* mu=L be submibted with Lhe applicabion Peter StaceY"' FeJIEIone r 12817 Granite Street, NE J. My sister can also be contacted about th'is matter: Kim StaceY 533 Garfield Carbondale, C0 8.l623 (303) 963-1689 Ma i I inq Adr ess Al buqferque, NM 6t t tt tt,tflou ) ?sz-s430(505 ) _te't-5+ru r6ie.eiione N,.rmtre; State Narrative for Petition for Exemption Peter Stacey The property refemed to in this petition was Siven t" Tg by my parents' who used to live on Miseouri Heights. The tract consists of 20 acres' and I would now like to divide it into Iwo tracts of 10 acres each' Each tract has several excellent building sites. In the last 15 yearsr much of the land surrounding this prop."Iy has been subdivided, often into small 2-5 acre building lots. The "r&tiol of two tracts will ultimately help relieve the housing shortaEle in the Roaring Fork Valley. It is my intention to eventually build on one of the tracts. I am also concerned about the increasing property tax burden. rn the last 10 years, the property tax on these 20 acres of unimproved, raw land has increasedfrom$3-90in19?9to$1,230forthecurrentyeart1989'Thisisan increase of 31b%, or over 31% eacir year! Franklyr it has become almost impossible for me to afford this extremely high amount of taxes each year for unused land. Oa)2 E":'a( c-/8-8{ .t WRJ.S.Rev. 76 Application must be complete where applicable. Type or print in BLACK lNK. Nooverstrikes or erasures unless initialed. (1) APPLICANT - mailing address Peter Stacey COLORADO DIVISION OF WATER RESOURCES 8'l 8 Centennial Bldg., 1313 Sherman St.. Denver, Colorado 80203 pERMrr AppLLcAloN FoRrv! RECEIVED (x ) A pERMrr ro usE GRouND wArER iFffizZ1"985 ( x A PERMIT TO CONSTRUCT A WELL ryorEo rsru?ols,FOR: (X } A PERMIT TO INSTALL A PUMP [il;;.;.;,il;R, ( ) REPLACEMENT FoR No. cYis' ( } OTHER FECEIVED N0v 0 5 1s84 ,{^TER RTSCURCTS STATT . ETiGINEEfr c0t0. WATER COURT CASE NO. FOR OFFICE USE ONLY: DO NOT WRITE lN THIS COLUMN eratrtrr nn+-+or{fll- nR i I Box 44 f, crrY -=:: -r;;-j (state) (ziql NAME County Twp.nns. 87 W (E.W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet) Number of acres to be irrigated: Proposed total depth (feet): Aquifer ground water is to be obtained from: Basa1t Formation Receipt No. Basin v6re) | ?sltul(II) AS THE oNLY L,IELL 0N A RESIDENTIAL Stii oi :-7 AcRES DESCRIBED AS ta/'/z- se t4 - ue v,iTz1, T. 7 <. ,.R:. * 7tt, . 4 rfl , , -, 2) THE USE OF GROUNDWATER FROM THIS WELL IS LIMITED TO ORDINARY HOUSEHOLD PURPOSES INSIDE A SINGLE FAMILY DWELLING, AND SHALL NOT BE USED OUTSIDE THE HOUSE FOR ANY PURPOSE. 3) THE RETURN FLOW FROM THr: USE OF THE WELL M0sr er THRU AN INDIvIDUAL wASTE wATER DlsPosAL SYSTEM OF THE NON - EVAPORATIVE TYPE WHERE THE WATER IS RTIURNED TO THE SAME STREAM SYSTEM IN wHtcH THE WELL lS LoCATED. h.n.4-j-8f PERMIT EXPIRATION DATE EXTENDED TO Ape'u . f , i 1 89 zn. zn .'3 -'zc -tr7 APPLICATION APPROVED PERMIT NUMBER 1 391 31 DATE ISSUED APR O 5 1985 Dist TELEPHoNE*o ll@ ao ND!_ItaNs_aE A PP R o v A L This well shall be trsed in such a \/ay as to cause no material injury to existing water rights. The issuance of the permit does not assui'e the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. a/ \tz 73L AVil x:},tt. H t tt z ?Ll 7 9t (2) LOCATION OF PROPOSED WELL Garfield % of the NE %, Section 2a 1) APPROVED PURSUANT TO CRS 37 -92-602SE 6trr {N,S) 75 200 Owner's wel I designation Peter #I GROUIJD WATER TO BE USED FOR: HOUSEHOLD USE ONLY - no irrigation (0) DOMESTIC (1) LIVESTOCK (2) COMMERCIAL (4) (x ( ) TNDUSTRTAL (5) ( ) IRRIGATION (6)( ) MUNtCtPAL (8) OTHER (9} DETAIL THE USE ON BACK IN (11) (4) DRILLER Alpine Drilling Box 426 ci,, Basalt, Co ,=,r,rr 81621 iz;ai { ia rt EXPIRATION DATE Asslst APR O 5 1987 Telephone No.9?7 -3313 Lic. No.94 ' 10 o 4/86 3s--Empedrado loa, 6 to 12 .pergent slopes. This deep, well drained uup L 6rJJsoil is on €€i=aecs\ fans, anafnills. lE formed in alluvitm and eolian. /\ materials. Elevation is 5,500 co 9,000 feet. The average annual precipitation is about 1 5 to 1 B inches, the average annual air tenrperature is 40 to 44 degrees F, and the average frost-free season is 75 co 95 days. Tlpically, the surface layer is brown loan 5 inches thick. lhe subsoil is clay loam about 35 inches thick. The substratrm to a depth of 60 inches is clay loam. The soil is noncalcareous to a depth of 38 inches and calcareous belcxo that depth. Included in this unit are srnall areas of similar soils with darker, thicker surface layers. Al-so included are srnall areas of similar soils w'ith silt loam and silty clay loam textures throughout the profiles. Included , areas make up about 20 percent of che rotal acreage. ( Permeability of the Bnpedrado soil is moderate. Available water capacity is high. Effective rooting depth is 60 inches or more. Rtmoff is meditm, and rhe hazard of water erosion is moderate. This r:nit is used for hayland and cropland. Ihis unir is well suited to hay and pasture. Grasses and legtrnes grc,\, well if adequaLe fertilizer is used. If properly managed, this tu'tit can produce 4 tons of irrigared grass hay per acre. This r:nit is r^eII suited to alfalfa and gnall grain crops. It is limited mainly by steeper slopes in scrne areas. Limicing tillage for seedbed preparation and vreed control reduces runoff au'rd erosion. A1l cillage should be on the conEour or across the slope. If properly managed, this unit can produce 75 bushels of barley per acre. 35- - The poEential plant ccrmru:rity on this unit is mainly western wheatgrass, needleandthread, prairie junegrass, mountain big sagebrtrsh, and Dougras rabbitbrush. other less nrmerorls plants thaL characEerize this site are muctongrass, Letterman needlegrass, cornnon snovberry, utah serviceberry, and anterope bitterbrush. The average annual production of air-dry vegeEaEion is about 1 ,500 pourrds per acre. If the range conditlon deteriorates, motmtain big sagebrush, Kentucky bluegrass, Dougras rabbitbrush, and anrn:al weeds increase. These plants are dominant wtren the range is in poor condition; therefore, gtazLng should be managed so that the desired balance of species is maintained in the plant ccrnmlrity. o This map r:nit is suited to hcrnesite developnent. The main limitations are shrink-sr,rell potentiar and srope. srrink-srrerl potenLial can be minimized by prer^retting for-urdation areas. The steepness of slope is a concern in installing septic Eank absorption fields. Absorption lines should be installed on the contour. Tlris map unit is in capability subclass IVe, irrigated, and rve, nonirrigated. It is in ttre Deep Ioam range site. , .' /tr 1O5-Tride1l-Bronnato rnoderredy-e tony eandy 1oams, 12 Eo n u4,,mt'l! t /*7' elone;r'-This mbp uniE- is on terraceSand mountainside slopes. lob11 5l 85 50 pcrcent Elevat ion is 6,400 to 7,700 feeE. The average annual precipitaEion is 12 to 14 inches, Ehe average annual air temperature i,s 42 to 44 degrees F, and the average frosL-free period is 85 ro 105 days. @iepir n+. This unit is 45 percent Tridell and 35 percent Brownsto. The surface is scattered with 5 to 10 percent stones. The components of this unit are so inEricately intermingled that it was not practical to map them separately at the scale used. Included in this unit are smaIl areas of Forelte and Evanston soils in less sloping areas of clearings. AIso included are small areas of basalt// I Rock outcrop and soils that are similar to this Tridell soil but have less gravel and stones. Included areas make up about 20 percent of the total acreage. The Tridell soil is deep and somewhat excessively drained. It formed in alluvium and colluvium derived dominantly from sandstone and basatt. Typically, the upper part of the surface layer is grayish brown.rlfut^c stony sandy loam about 2 inches thick. The lower part is grayish brown very cobbly fine sandy loan 7 inches thick. The upper 5 inches of the underlying material is very cobbly fine sandy loam. The next layer is cobbly sandy loam ll inchee thick. The next 12 inches is very stony fine sandy loam. The lower part to a depth of 60 inches is very stony loamy sand. Hard basalt is common below 60 inches. The soil is calcareous throughout the profile. A thin Iayer of partially decomposed needles, twigs, and leaves is on the surface in many places. a n') /d L - - Permeability of rhe Tridell soil is capacity is 1ow. Effective rooEing depth rapid, and the hazard of water erosion is moderaEely rapid. Available water is 50 inches or more. Runoff is very high. The Brownsto soil is deep and well drained. It formed in alluvium derived dominantly from coarse Lextured calcareous sandstone and basalE. Typically, the upper parE of Ehe surface layer is light brownish gray me+t+ty stony sandy 1oam 11 inches thick. The upper 19 inches of rhe underlying material is very gravelly sandy loam. The next l2 inches is very gravelly loamy sand. The lover part to a depth of 60 inches is gravelly sandy loam' A thin layer of partially decomposed needles, twigs, and leaves is on the surface in many places. Permeabiliry of the Brownsto soil is moderate. AvailabIe water capaciry is 1ow. Effective rooting depth is 60 inches or more. Runoff is moderately rapid, and the hazard of water erosion is very high. This unit is used mainly for livestock grazing and wildlife habitar. rt is also used for firewood, posts, christmas trees, and limited homesite development. The potentiar prant community on the Tridell soir is mainly pinyon pine and Utah juniper, with an understory of bluebunch wheatgrass, rndian ricegrass, wyoming big sagebrusl.r, and muttongrass. The potentiar plant coununity on the Brownsto soil is mainly wyoming big sagebrush, needleandEhread, rndian ricegrassr erestern wheacgrass, and scattered pinyon pine and utah juniper' 0ther vegetaEion conrnonly present in the potential plant communiEy on these soils includes bottlebrush squirreltail, antelope bitterbrush, and true mountainmahogany. The average annual production of native understory vegetation on the TridelI soir is about 300 pounds of air-dry vegetation per acre. The average annual production of air-dry vegetation on the Brownsto soil is abour 600 pounds per acre. 2 r/l /0b-- rf the range condiEion deLeriorates, wyoming big sagebrush, cheatgrass, and annual weeds increase. Management practices suitable for use on ihis unit are proper grazing use and a pranned grazing sysLem. slope rimits access by livesLock and results in overgrazi-og of the less sloping areas. Mechanical treatmenL is noE prctical, because rhe surface is very stony and the slopes are steep. selective thinning of the pinyon and juniper improves rhe qualiry of the understory for grazing and provides firewood, posEs, and Chris tmas Erees. The Trider-r soil is suited to limited production of pinyon pine and utah juniper. The 'average annual production is 5 cords per acre. The average stocking rate is 150 trees per acre. To insure sustained yields and continued use, the kind of wood producEion should be considered before using management practices such as thinning and clearing. Special care is needed to minimize erosion when thinning and clearing. Thinning generally promotes the growth of understory grasses and young trees. 0nIy less sloping areas of this uniE are suited to homesite develop'ment. rf this uniE is used for homesite deveropment, the main limitations are slope and sEones in the soil. Erosion is a hazard in the steeper areas' only the part of the siEe that is used for construcEion should be disturbed. Topsoil can be sEockpiled and used to reclaim areas disEurbed during construction. Removal of gravel and cobbles in disturbed areas is oeeded for besr results when randscaping, particurarly in areas used for 18v'ns' Areas in this unit adjacenE to hillsides are occasionally affected by runoff, which may also be accompanied by movement of rock debris' PopulaIion growth has resulted in increased construction of homes on this unit. This map unit is in capabilicy subcl4ss vrre, nonirrigated. The Tridell soil is in Pinyon-Juniper woodland sire and the BrownsLo soil is in SEony Foofhills range s:'-Le. 2 7{ Fc }*+&*-$.-t+r-+P'"\L a "oF '!r* -a,: -{ d-r' - $ r-*4+r*ET - - d,o/|r, :.-i r.f'3'; lt:tti *i tl Ub i,l) ffi:'J5o-aasrtll f*;* Tros Dnuo, Madc thir / C day ol bcrwm JoAN Bocm.T STACEY ,1980 JUil - s 1980 $,4It !0flJmmfi nI \UITNESSETE, That the sid psrty of the first part, for and in conside.tion of t,,e sm ofTen Dollars and Other Good and Valuable Conslderations XDOe[yfS(to the sid party ol the first part in hand paid by said part y of the seeond part, the receipt whemf ishereby conleesed and athrowredged, b. s ErErted, bargained, mld md conveyed, and by thcra pnscnts doeggrant' bsrgain, cell, convey and conlita, unto the Bsid psrty ol the rccond r'rrt, hlg hcln rud .rignr forcver, ell the following desribed lot or pmel of land, situa,,e, lying ed b€ing in th.Couty of Garf ield ud State ot ColoBdo, torit: An undlvlded 11.456/100 (0.11456) lnreresE in and Eo rhe Wesr one_half of rhesEtNEk of secrlon 29, Township 7 Sourh, Range 87 wesc of rhe 6rh prlnclpal Mer idlan. also known as street and number no sEreeE address. tnd aed tJre day and yesr first abov. written. County of }l,enroe and Stste "f noria$retie tint pa!t, rndPETER BOGERT STACEY, Harbor Club Southof tllo Courty ol U,OnfOe. - -- - ud St8t€ ot 423 Sombero Beach RdflIorida of the s€cond part: Marathon Florida 33050 *\ar.$r*u6 >s**\ (.EAL):.i\":'_:._"" 0,.*,, \l (.EAL) STATE OF }-Lc:.ida I crunry ot Monroe - I"*l c fongoirg irutruEcnr ws Eknowtedged bclort me this /O d^, d aUJL;/B0 ,by Joan Bogert Stacey. ' vc'vl \ fy comniaaion crpirer 'lQiAti 7i,31rc SrAI! q Eortol Ar t^,;*i...',,htsstoN txfllei AUG. 5 t98Lroa\otu iHtu :r\il^t NS Lhlo(t\{ltltts TOGE'IEER with all urd singrrlar th.e hereditaments and ap,purt€mnces tlereto belonging, or in uywiseappcrtrining, and the reversion aad revenions, remainder md remainders, renta, issuer and profits thereof, md allthe estate, right, title, interest, claia and demand whats@ver of the ssid party of ths fi*t part, either in lawor equity, of, in and to the above bugained premises, with the heredita.ents aDd appurtarqcs. TO EAYE AND TO EoLD the uid premises above bargained md described with thc sppurtenances, unto th€oaid party of the second pan, hls heirs ard assigns forever. .A,nd ths said party o( the first part,for, her solf ,her hein, ex*utom, s.nd adeinistraton, dos5 covenmt, g?et, bugain, ed agre to udwith- the said part y o! the econd Part, his heim end. assigns, that at the time of the enraling and deliveryof thege presents, she is well seized of the premises above conveyed, m of good, sure, pcr(ct, absolute andinddeasible estst4 of inheritace, in law, in fee siEple, ud hag good right, lull power and lawfut authorityto Srant' bargain, sell and convey the sme in Eanner and fom s aforesaid, md that the sme are lree and clearfrom all fomer ud other gruts, bargains, sales, lieu, tffes, assessments'md encmbrances ol whatever kind ornatmaoeY€!'; subjecE to paEent reservaEions and exceptlons, easements and rlghtsof way of record, and general Eaxes for 19g0 which parcy of che second parlhereby,assuoes and agrees to pay. The party of Ehe sectnd part is resErrcEedto building upon the pr_operty hereby conveyed, one slngle famlly dwell1ng,Eogether wlth any buildings used ln connectlon therewlth; and Ehls resErlctlonsha1l be a covenant runnLng wlEh Ehe tlEle to said property, and tbc ebove bugrincd preni*s in tha quiet md peaceable poaaeuioa of thc uld prrt y of the seond Drn,his heirs and assignr against all and everypeEon or pcrsoDs tarrrlully ctriaing or to clsim the wholcor anv part thereof, the said pan y d the first part shall urd will WARRANT AND FOREIrER DEFEND.IN WITNESS WHEREOF, the said parr y of the firct psrt has hereunto set her hed t9 v 549 rrcrT50 No. ttr-tlllrNlt DtD-t r thin !h f-il.-rrrdr..{ hbllfb, C., tt,a-aa ltd a,-* -_, co|"nrl;1r,*g, C ; i& Turs Duuo, Made this ., ) 3oth dav of b€tween JOAN STACEI Decenber ,1974, ol the of the fiwt part' aad County of GartLeld gnd State of Colorado, .-':i'_'' "_ " __- DEC 3 0 197{' :b* -- - PETII1 EOGLRT STACf,T oftheCounSofGarfieldsndStateolColorado'ofthesecondpatt: -WITNESSEf,E, That the said party oI the first part, for md in consideration of the sm ol Ten Dollars and other Good and Va1uable Consideratlons DOLLARS' -:'- : l-: i to the ssid psrtJrJr ol the firt pe,r+ in hud pairl by the said party . or the s1ond,18rt, the re@ipt sbereol ir herebyconfesgild aeUrowlefued, ha S granted, bargained, sol-d ard conveyed, and by these prtrats do65 grant, bsrgain, sell, convey mtl confirm, uto the said party of the s*ond part' hls i.i", -a assigm forever, all the following described lot or parcel of land, situ8te, lyingi sd being in t'be County of Garfleld ard state of Colorado, to'wit: An lnterest owned ty ttre sald palty of the first part, conslstlng of an undiviCed 16/looths interest, ln and to the '',Gst one haI{ of the sf+NEf of Sectlon 29, Tol|rnshlp I south, Range 8f liest of the 6th P.Ii TOGEIEER with 8ll and sinSlrlr thc hercditamotr md appurtenaaccr thereto belonglng, or In enysLc appertaining,sndthetwer3ionaodtwerrions,remdaderandremainden'rentqlarucrrndprolitrticrcot;Eddl th6 estate, right, title, interest, claim md denmd whatsoever ol the said part y of the firgt part, clther ln l'rv or cquity, of, in and to the aboYe barSained premirer, qrith the hereditaments and appurtenucca Recorded cL-..-..J-:J.-A.--o'cto"u...E-...u.,4.0.1974 .------..r0u(467 mcr503 Beception N"*.-2G5E5-{}..-- .......-...-.-Recordcr. NG a6& tlII NTl lrtlD-tr "f.a{Pfr. f.r-a-BEdtotd Pubtbhl{ CG' 1t8'''6 Sbl g!!"t' DarG' Cotron&-u-?l I ;t !t j; 1r'. !_: . - ='.+ ,. _.-. ..-s -o1,' .. .L'-.s, + ',:. " .:#ar-'. G-'.iil-.*..*=i B.codd .l-.............................o'cloc|c...........M ,Becordcr, Nr lla leffrfrft DtE-.h ''hanau. t-ra-lnarca hblt Lrr C.. tr,{ aa arar !E-t D6m. Cotctt& -lc?0 Css D"E , bctrccn JOAN Madc thlr J)'t'L d,.,. o! BOGERT STACEY a\ce<2 ,19 79 of thc County ot Garfleld and Stato ol Colorado, olihe first DE!t, and PETER BOGERT STACEY, 2080 Road 102, Carbondale ol t^hc Count, ol Garfleld rnd Strtc oI Colondo, ol the sccond part: WITNESSEIB, ltat the said psrty o! the first part, for and in consideration ol tlc rurn ol Ten Dollars and Other Good and Valuable Conslderatlons D(XI)A.IGS to thc ssid party of thc first part in hand paid by laid pert y of the rcond p8rt, th. r.ccipt whcreot i! Lcrtby conlcsscd and rcbrowlcdged, hs s gBnted, bargaincd, rold and convcycd, and by th.sc pr.s!nt! does grsnt, b[gair, scll, convey rnd confira, unto thc stld party ol thc rccond Dart, hlshcln rad rssi3as for- cvcr, all tha folloring dcscribcd lot or pmel of land, situa'.c, lying and bclng in thc County of Garfiel,d and Statc ol Colondo, to wit: An undlvlded 11.456/100 (0.11456) interest ln and Eo che West one-half of the SEkNEt of Section 29, Townshlp 7 South, Range 87 West of the 6th PrJ.nclpal Merldlan. also known as street and number no street address. TOGETEER with all ud silgr:lu the her.diteentr lnd lppulteunces thercto beloaging, or in uymisc lppcrtrbiD& and thc rcvcnioa ud rcvcniorc, rcmaiadu md remainden, rents, issuc! ud prolits thercof, and all tha cstatc, riaht, titl", intelcst, clain and deEand whatsoevcr ol the said party ol the (irst part, rither in hw or .quity, of, in and to thc above bargained premises, witb the hcreditaEents rrd appurtancd. TO EAVE AND TO EOLD thc said premises above bargained ud described with th6 sppurtaucc!, unto the srld party of thc eecond part, hls heira and ssigns forcvcr. Ard t}le sid party of the fint part, ,o[ her gelf .her heirs, erecutors, atrd 8drinistratos, does cov€nant, grut, bargain, md agree to ud wi[t tlc said party ol tho second par! hls heirs and assigns, that at thc timc of thc ensealing and delivcry o! [,herc plesents, she ls well seized of the plcmises above conveycd, as ol good, sure, pcrfect, absolutc and inddcasiblc cstat o, inheritancc, in law, in fee ai.uple, and has good right, lull powcr ud lawful authority to BTaBt, bargain, sell rnd convey the samc in aanlcr and form as aforesaid, ud that thc sme are (rcc and clear (roa all lonncr and othcr grants, bargalns, sales, liens, taxcs, assessments and cncmbranccs of whatcvcr kind or n.turtso€ycr.; sublect to patent reservatlons and excepElons, easements and rlghts of way of record, and general taxes for 1979 which Ehe parEy of the second parE hereby assunes aad agrees to pay. The party of the second part ls resErlcced to bulldlng upon the property hereby conveyed, one slngle fanily dwel1lng' together wiEh any buildlngs used 1n connection therer^rlt.h; and thls resErlctLon shall be a covenant running lrlth the tlEle to sald property' and the abovc bargained preniscs in thc quiet and pca.eablc posscssion ol thc sid prrty ol thc accord prtt, hls heirr md assigas against all and rver? percon or pcrsons lan fully cl.i-;ng or to claim thc wholc or ury pslt thcrtof, the raid part y ol the first part ahall ud rill WARRANT AND FOREYER DEFEND. IN WIfNESS WHEREOF, thc said part y ol tbc first psrt h8 s bcreunto set her hand and rcal thc day and year fint aboyc vritten. STATE OF COLORADO, J.* rte rongoins ,",r.u?XI* :H"llitrl u"ro,ln. u,ir J-7'- ze day or (1,^-r--, 19 79 ,by Joan Bogert Stacey. -/ /'' Uy cotlallrlon crplrcr dr-p;-J- /.2, /? ,P 8/ .IVitncsr my he.nd end ollicirl rorl4 '.. a ./ jz,rl- ""''-A*(**.*2 =27y2:*'l{--orr*'*r6. 1978 Tms DrEo, Made thir 1oE aav or\s^-^--^.t 19 78r\\ bctrm JOAN BOGERT STACEY \ of the County ol Garf ield md State of Colorado, ol the first part, strd PETER BOGERT STACEY' 2080 Road 102, Carbondale of tle Couty of Garf ield md Stst of Colorado,ofthesecondpart: ".' WITNESSETE, frat the nid part! ot the lirst part, for and in consideration of thc sudo( Ten Dollars and Other cood and Valuable Conslderatlons Irux)Nos( to the said party of the fint part in hed paid by said part y ol the rcond psrt'.thG.recilt.wherof is hereby confessed anil achrowledged, hs s Fanted, barSained, rcld ud convcyed. and by thcicprcscnts des gTant; t8rgain, relt, convey and confim, unto the said party of the recond part,his heln rrxl sriSnr lor' ever, all the following described lot or pmel of land, situa"e, lying ud being in the County of Garf leld ud Stste ol Colondo, towit: er, rrrrai"1a.a 11.1+56/100 (0.11456) interest in and to the West one-half of the ii*urt of secrion 2g, iownshlp 7 sourh, Range g7 west. of r.he 6rh Prlncipal Meridian. C0RRECTION DEED ONLY: Thls document is offered for recordinS Eo correcE the errors appearing ir, r"ri..,ty deed recorded as Rec' No' 279188 on June 24' 1977 Ln Sook tbt ac page 743 of barfield CounEy Clerk and R,ecorder's office, rrhich errors tnclude the Property Eherein described, the name of Ehe party of che flrst ParE and Ehe oam; of-the ParEy of Ehe second part' This documen! is offer ln full substit.ucion of said Rec. No. 279L88' also known as street and number no. street address. TOGETEEB with all ud siagutar the trereditsentr arld ap?ultrEnc6 therto beloaging, or in uywise appcrtrini::g, ud the reversion and reveniom, remaind* ud remainden, 'ents, issues md prcfits thereof, and all the estate, right, title, interest, claim snd demand whatsever of the said party of the first part, either in law orequity,of,inandtotheaboveba3gainedpremises,withtlehereditrmentssrxlappurtaanca' TO EAVE AND TO EOLD the said premises above bargained ud described with the appurtenances, unto the s8id party of the s*ond part, hls heire and assigns forever. .Alld the said party of the fimt part, for irefself , hef beirs, exmuto., and adnhistrsto*, does covenant, Srut,bsrgain, ud ag:ee to ud with the said party ol the s€cond part, his heirs and assigns, that at the time of the etrsealing and delivery of these pra""nt", she ls well seized ol the prmises above conveyed, as of good, sure, pcrfect, absolute and inclefeasible estate of inheritance, in law, in 166 cihple, and has good right, full power md lawful authority to gratrt, barggin, sell and convey the sue in maaner and fom s aforessid, ud that the sme are free and clear from all former and other grants, bargains, sales, Iiens, t{es, assessments ud encmbEnces of whatever kind or natwsoever.; sub1ect to pateit reservatlons and excepEions' easeoenEs and rights of way of-recoid, ..ri g".,ur.l taxes for 1977 and 1978 which the party of the second part hereby ,""irru" and agrees to pay' The party of the second part is resErlcted Eo building upon che properiy hereby conveyed, one single fanily dwe11lng, EogeEher wtrh Iny'bulldlngs used in connectlon therewith; and chis resEricr.ion shaI1 be a covlnant runnLng \^rlLh the t.it.le to sald property' md the above bugained premires in the quiet md peoceable possession of the sid partY ol the !*ond part' his heirs md assigns against all and everype$on or penoDs lawfully qtriming or to claim the whole or ey part tbereof, the said p8rty of the first part shall ed sill WARRANT AND FOREr/ER DEFEND' IN WITNESS WHEREO;, the said part y ol the fi*t part has hereunto 'et her hand ud geal the dry snd year fint abov6 witten. * \6 :""-t l$o's-q.^+ - .(sEAL) ,BogerE St.atey (\\ . .... ..... .:....(SEAL) (SEAL) STATE OF COLORADO, I couty of carf ield Jt"' day ol January*sf igu8tl*#fne istruEent wu rcknowledged b.tore Ee thi! 30Eh '0\.?6",'6;.:qJoan Bogert sEaceY 'X'..rYn *i;sionsoirer August 12 ,1 , bv"gerc sEacey _ , 19 81 . Witnesr mv hmd ud official seal.(- ' , )./,/-,/ - :'- /: - ,, - ../,'i tWntry"ionuPirer August 12 ;;l-l ottt' a .. Nc t!2. tfff xtl| DtD-h.tf.a..rrrll.tprr.-lniic{ hblbtL. Cq rtt}.aa frdr aErt D-c, C.l6& -rG7' ..... brt !,,505 rAti 4 | 2 ---Recordcr. E co'd.d .r-.../. ;. g.O...... .....o' "tnv..8...u., .....JrN il ls79 Rcccption x".....2831?5 . . g,tu1!O5 pAtE4f t) Recordcr. Tms DrEo, Madc thir 27Eh bctra JOAN BOGERI STACEY day ot December, t9 76 ' ol tlle Couty of Garfield ud Stgte of Colondo' of the ,imt pan, md PETER BOGERT STACEY' 2080 Road 102, Carbondale ol the Couty ot Carfleld md State of SIIIE u;iu;i" ^i, ''; JAN 3 0 1978 - , 19 81 . Witne$ my hud md ofiiciat gcal. Colorado, ol the second Part: WITNESSETE, 1b8t tho raid paltyl of the first part, for and in considemtion ol the sum ol Ten Dollars and Other Cola ana Valuable Conslderations j I[)mA'lES( to th6 said party of th€ fiEt part in hmd paid by said part y of the recond Dsrt, thr recipt whemf is hereby conressed and slaowledged, hs s grsnted, bargained, sold md conveyed. and by thesc Prelents do es grut, bargain, rell, convey ud confirm, unto the 88id psrty ot tho tecond part'his hcin ud uri8rs lor- ever, all the folloring described lot or pmel of lud, situa"e, lying ud being in thc County of Garf le1d -. md State of Colondo, tovit: An undlvlded r6/1ooth inEerest in and to Ehe west one-half of the SELNEk of Sectlon2g,TownshipTSouth,Range8Twestofthe6EhPrlnclpalMerldlan. CoRRECTION DEED oNLY: This deed is offered for recordaElon to correcE errors ln the omission of Ehe date, in Ehe name of the party of the first parE' and inEhehabenduroclauseappearinginwarrantydeedrecordedasRec.No.2T6028 on Decerober 27, :1976 in ilook 49i at page 686 of Garfleld County Clerk and Recordert s 0ffice. STATE OF COLORADO, ]"* Ooutr ot GARFIELD I...i' 2 g17 . r Oouty<d GARFIELD I qf5,Eu'.'tlfua"tg irttruEcnt ws acbrowledged betorc me this 30Eh,r5lAt'r!fogoirc ir,.t-.*i .- acbrowledged betorc Ee thi! 30Eh dav ol January 9' 7B-.by 'Joa-n BogerE sEacey.)19'.4-,Uy 'Joa-n BogerE SEaceY' 3j Nllltlo{pi"6i*i*, August 12 also known as street and number no sEreet address. TOGE'TIIER rith all ud singular the hertditaments 8nd EPrurttuncef tlereto beloaginr' or in uyrise appcrtrining, ud the reversion ad reveniom, maindu ud remainden, rents, issues md profits thereof, md all the astste, right, title, interest, clain md demand whstsever of the ssid party ol the liEt part, either in law or equity, of, in and to the above bargained premises, witb the hereditaments and sppurtatac* TO EAVE AND TO EOLD the said premises above bargained ud described with the appurteDances, unto the said put y ol the geond part, his hein md ssigns forever. And the uid pariY of the fi*t part, tor her aelf ,her heirs, exeutoE, snd sdeinistntoB, does covenet, Sret, bsaain, ud aSTe to ud sith the said party of the seond part, his hein and csigns, t}at 8t the time of the ensealing and delivery of these pre""nt", she ls well seized of the premises above conveyed, s of good, sure, pcrfect, absolute and indefesible estat€ of inheritsco, in law, in fee aimple, and hss good right, lull power ead lawful authoritv to graot, bargain, sell and convey the sane in manner snd fom s aforesid, md that the sme u free and clear from a]l former aad other gTants, bargains, sales, Iiens, tues, assessments and encmbmnces of whatever kind or nsturesoever.;subject Eo paEenc reservaEions and excepElons'-easement's and rlghEs of way of record, ""a'i"i.rui-;;;;-i;; t976, LgTi and 1978 which said partv of the second part her;by assumes-and agrees to Pay' The sald ParEy of the second part is .."t.i"i.i to building upon the.pioierty.hereby conveyed' one singte family arerri,iil"iog.ci."i-"i-Cfi ah, t"iiaing!,r=6a in connection EherewlEh aod this resErlcEion it"U u" a covenant runnlng wiEh Ehe EiEl-e Eo said property and the above bugeined premires in thc quiet ud peaceable possessiou of the sid partY of the sftond prrt' hiS heim ud signs against all ud every peEon or persons taw{ully claiming or to claim the whole or ey part theleot, the said pan y ot the tirst part shall ud vitl WARRANT AND FORE\IER DEFEND' IN WITNESS WHEREOF, the said part Y ol the fimt part has hereunto set her hed and oeal t}e day and year first above sritten. .(SEAL) (SEAL) ,lfffig_{-.S, ..7..t:-./*.,,;-r*.,rin-,.f7t,.( <-,.(.:----..-.-- i:: ;;i;$V :::: :j-:::- 2 ? 1976 Tms Drun, Made this b€tsecn JOA]'I STACET County of GAREIEID DMfDr !alll of the rotL ol the ad State of Colorado, ol the first pert, ancl BOGERT STACET Couty of G RGIIf,,D and State of SIAIT 00iliha,r;iY tii oEC 2 ? ts78 tf4--% Colorado, of the scond part: WITNESSETE Ttat the said parf of the first pa rt, for and in considemtion of the su ofTen dollars ard Other Good end Va}:able Conslderatlons srATE OF COLORADO,. -, 1"". CoutY of I '-*wl ,'l ) The foregoing instruEent ws rkn6wledged before me this DOLLARS to the said Part y of the fimt part in hed paid by said pBrt y of the second part, the raeipt whereof is hereby confessed ed eknowledAed, has gxanted, bargained, sold ud conveyed, and by these presents do esgmt, bargain, sell, convey and con-firm, unto the sid psrt y ol the second part, hldrein rnd sslig?s tor- ever, all the following described lot or parcel of land, situa,,e, lying and being in the County of Garfleld and State of Colorado, to wit: lln inte.est ormed w the said party of the first part, consisti.ng of an undiv-ideil 16/l0oths interest, in ard to the I"Iest one half of Tor,:"rship / South, iange 8/ Uest of the 5th p.l.l. the sEf,iig of Sectlon 2p, also known as street and number TOGETEER Eith aU ud sirgular the hereditanents and appurteunces thereto belonging, or in urwise apperteinilg, and the reversion ud revemiore, remaiado md remainden, rents, issues and profits thereof, and all the estate, right' title, intelest, claim and demand whatsrever of the said party of the first part, eithe! in law or equity, of, in and to the ebove bugained premises, with t}le hereditgments md appurtaances. TO EAYE AND TO EOLD the said premises above bargained ud described rith the appurtenances, unto the said party ^of.the second part, fiig heirs and usigns forever. .qnd the said party of the first part, for ner sell her - beirs, extrutors, md administratom, do gg covensnt, grat, bargain, and agtee to and with the said part X of the second part, hlsheirs and assigns, that at the time of the errsealing and delivery of these presents, she is well seized of tbe premises above conveycd, as of good, sure, pcrfet, absolute and indefeasible estate of irheritace, in law, in fee simple, ud ha s good right, full porer md lawful authority to 8Tet, bargain, sell and convey the sme in memer ud fom as aforesaid, ud that the sme are free and clear from all fomer and other gruts, bargails, sales, liens, tues, assessments md encmbrances of r-hateyer kind or naturesoever', srbbject to patent reserrations ard exceptions, ind generar tax6sfot t976,r977,t9?B uhich said party of the second p;t he;b.assu.rrcs and agrEesto payt The.sald party.of the secord part ls rest;lcted to irur:arng upon deprop€rty hereb5r conveyed on- slng1e f*dry dwg]-ling together ,"ith "r; tirilar"g.used jrl coruxection therewith; arn tnis rlstriction "niff U a covenant rr:rur5grith the title to seld propertyud th_e abovo bugained premises ir tf,e qui-et md peueable possession of the said part y of the second part,his heirs md assigns against all and everyperson or persons lar.fully claimirg or to claim the whole or uy part thereof, the said part y of the first part shatl ild FiU W.q,RRANT AND FORE\rER DEFEND. IN WITNESS WHEREOF, the said part y ol tbe fint part ha s hereunto set her bMd ud seal the day md yea! fint above Eitten. ..(sEAL) ..(SEAL) .(SEAL) l J ,:.* -r\-\.,r.*\ )/ .-.....---!*,-a.i ; . a .;i ; r: ..i,, L ,b7 , . .-,t. .!.-t,t:'1 My com,rfsgigt expirea p_f_J-..,t::".., i".1.: ,1..:;: 15, lg78(5-. t 'r ".''ji -.- i.o ,19 i, day of l.t-:... . ,,- ' ' . Witness my hud md of ficial seal. Xa ffe"rlrlt}rfiiS6-'h f.h-rrl. ldt.-lndtd{ hblblf[ cq rst+aa Etdr arn r, I]-u, oot6& 6-?6 Recorded rL....-/.i.eL.......-o, "to"t -..fl ....u., ..-._.._*..=lA.l! Reception *". .. -?-aG-ag--S . . *^ ...@l soolqo8 itl2Q67 Txrs DEEo, Made this between JOAII STACIX day of 19 o{ lh" County of GarfleLd and State of Colorado,of the first part, and P3T:R BOCSRT STACEf of the Si^1t l:'-.,..,,.,;i r.- JAN 2 3 tg75 sF4-.-..- Comty of Garfield and State of Colorado. of the secoud part: WITNESSETE That the said party of the first rtsrt, for and in consideration of the sue of Ten DoLlars and other Good ard Valuable consld.eratlons DOLLARS' to the said part y of the fimt part in hud paid by the said part X of the ssond part, the receipt whereof ishereby confessed md acloowledged, ha 5 granted, bargained, sold md conveyed, and by these pr€sents do€sgrut, bargain, sell, convey and corfim, uto the said part y of the second part, hlsheim ud assigns forever, all the following described lot or parcel of land, situate, lying ud being in th6county of Garfi.eld ed state of colorado, to-wit: An interest owned by the siad party of the first part, conslstlng of an undi'iced, 15/100ths interest, in and to the rJest one half of the sr;lEi of section 2p, torrnship / south, pange 6/ i.rest of the 5th p.ir. ToGETEER witb all and silgu.lu the hered.itments and appurtenanceE tiereto belongiag, or in anywisaappertaining, and the reveEion ud reveuions, remainder and remainden. rents, issu€s ud prcfits thmf; aad allthe estate, right, title, interest, claim and demand whatsoever ol the said party of the first part, eitb,er in l.awor e(iuity, of, ia and to the above bargained premises, with the hereditments and appurtenucse WAEBANTI DEED-tror ph.toG.Dhr. B.ard._Bndtord publi.hlda Co., t82a-r6 Sbut St.*t. Dar.r. Colordo_ll-zsNo.463- HecOrJeu aL +:)/ l.H. r;aTcn Z)t L,1 /)-eception No. 257495 Elta Stephens WARnANTY DEED---Shorr FolE._BEdtold prtntrDa, t82+tO Sbur )rd e r. /cnv.r. Colondo--5-?2 .lJo ol{ :t+z Page 151 Trrs Dffin, Made rhis l3th day of March , 19 73 , t"t*"un E I JOAN BOCERT STACEY E \) =hof the County of .Garfi eld rnd Stste ol Colorado, of the first part, md E .t a, PETER BOGERT STACEY E T} County of Boulder and St8te of Colomdo, of the second part: WITNESSE?H, Thet the said part y ol the first part, for and in consideration o the gum o(Ten Dollars and other-Good anl Valuabte considerations ,tH&Ilr' ]o, tnu :1to.rrl y of the first part in hand p"ia ty t}," said part '-., of the seond pa*, tre'reteiptwhereof i8 hereby' confessed and acknowledged, ha a gruted, bargained, Yold and conveyed, md by these presertsdo es grant, bargain, sell, convey and conJim, unto the aaid part )/ of the second part, hisheirs and assigns forever, all the followilg de*ribed lot orparcel'Y ofhnd,situatc,lyingandbeiigin the County of Garfield ed State of Colorado, to wit: An_undivided 16.632 percent (16.632 o/o) in and to the West one_hatf of the SEINEIof section 29, Township 7 south, Range 87 west of the 6th principar Meridian. ilogether with a 40 foot roadway, utility and water rine easement rying on theNortherly rnost portion of the East one-harf of said SE*NE*, s""tiol 29, Township7 South, Range 87 West of the 6th p.M. Together with an easement for water pipeline over, under and across a portion ofthe East one-half of said SE+NE+, said section, township and range, in order toconvey water from the existing water well located on the SWINW*-of Section 28, saidtownship and range to the property hereby conveyed. Said easement shall be acrossa portion of the East one-half of said SEiNEl, Seciion 29, said township and rangethat is mutually agreeebrebetween the said party of the first part, her heirs,successors, and assigns of said East one_half of said SE*NEI AND the said partyof the second part, his heirs, successors and assigns. ToGETEER *ith all ud airgular the hereditaments and appurtenances thereunto belonging, or in an1. wiseappertaining, and the reversion and revemions, remairder ud remainders, rents, issues, and profits thereof; andall the estate, right, interest, claim and demand q'hatsoever of the said part w of the fiEt part, either inla*'or equity, of, in and to the above bargained premises, with the hereditmentl and appurtenances. 1lo UAYE AND To IroLD the said premises above bargained and described, q.ith the appurtenances untothe said part Y of the second part, his heirs ud assigns forever. And the 6aid Dart .,of the first part, for her sel f , her heirc, exsutore, and ad.ministrators, do es fcor"n.nt, gmnt, bargain md agree to and sith-tll "rO ,".t , of the Becond part, hiS heirs and assigns,that at the tine of the ensealing md delivery of thesl Dresents ,6" 1, o'!ii-"eir"a of the premises aboveconveyed, as of good, sure, perfet, absolute and indefmible ""tli"-oiirfr".itrnce, in las,, in fee simple, and ha 5good right, full power and lawful authority to grant, bargair, sell and convey the same in mamer and form asaforesaid, ed that the sme ue free ed clear frcm all fomer and other grants, bargains, sales, liens, taxes, as-sessments and encmbmces of whatever kind or nature soever; subject to patent reservations and exceptions, easements-and rights of way of record, and generar taxes for r973which the said party of the second part hereby "riur"r;;J;;;;, to pay. Thesaid party of the second part is restricted to buirding upon the"p.operty herebyconveyed, one singre famiry dweiling, together withlny buildings used in connectiontherewith; and this restriction shaltLe a-covenant r.rnni.,g wi$rihe tige to said propeud the above bargained pmises in the guiet ud peaceble possession of the aaid par{ of the second part,his heim ud usigns, against all and every peEon or pereons lau{ully claiming or to clain the wholeor uv part thereof, the sid part Y of the first part ehall and riu WARRANT AND FOREVER DEFEND. IN WITNESS WEEREOF, The said part )7 of the fimt part ha Shud ud sel the day md year fimt above uzitten. hereunto set hef I "-*.."-". *t.."*l]*..' *" '*"'1" .' I J xesepLl'on !\O. Z) /a>+ !,J.1a brephens rt(ecoroer.r' 16. TanRANTY DEED-8bod FcrD.-Blrdford prtrfihs. t82&aa s! 1. D6v.r, Cotondo+72 Page 14/ of the aurn of DO&8Xxq THrs Dnro, Made this l3th day of March DAVID STACEY of the countv of Garfield ,19 73 , betu'een ard State of Colorado, of the first part, md ud Stat€ of Colorado, of the Becond part: -* 4^ =*N =rhE\ *= ln ..-PETER BOGERT STACEY of the County of BOulder do es heirs and assigns forever, all the following de*ribed lot or parcelin the County of Carfield WITNESSETH, That the said part y of the first part, for and in consideration T;lr"D"""ll",l'":,"?ootq",if; ??.d"ilsYtr*:?l,".ggif jqi.."ll.J:[en Dollars anto the said part y of the second part, the receiptwhereof is hereby'confessed and acknowledged, ha " granted, bargained, pad V of the second part, the receipt ained,told and conveyed, and by these presentsg:ant, bargain, "ell, conrey"rni ."*?-, ;; il ffffi' : a^ ,^-^---- - , of the second part, hisof lud, situate, lying and beirg A.l.l interest ownd by the said party of the first part, consisting of an undividedl/l00ths interest, in and to the West one-half of the SEtNEt of S-ection 29, Township7 South, Range B7 West of the 6th principal Meridian. Together with a 40 foot roadway, utility and waterNortherly most portion of the East one-half of saidR. 87 W. of the 6th p.M. TO EAVE AND TO HOLD the said the said part y of the second part, of the first part, for h i nrel ed State of Colorado, to wit: line easement lying on the SETNE+, Section 29, Tp. 7 5., premises above L,argained and described, vith the appurtenances untohisheirs md assigns forever. And the said part y Together with an easement for water pipeline over, under and across a portion ofthe East one-harf of said sEiNE+, said section, t.ownship and r3nge, in order toconvey water from the existing water weil rocated on the sw+Nwi lr section 2g,said township and range to the property hereby conveyed. said easement shallbe across a portion of the East one-harf of said sE+NE*: section 29, said townshipand range that is mutuaily agreeabre between the said party of the first part,his heirs, successors, and assigns of said East one_half of said SE+NEi AND thesaid party of the second part, his heirs, successors and assigns. ToGETEER s'ith all ud singulu tle heled.iteents and appurtenances thereunto belonging, or in any u,isesppertainins, snd the reversion and teversions, remainder ud remainders, rents, issues, and profits thereof; andall the estate, right, interest, claim and demand whatsoever of the said part y of the first part, either inlaw or equity, dt, in md to the ahove bargained premises, rvith the hereditments and apfurtenances. conveyed, as or gmd, ","", ;;;;;;'.;ffi"'; ffi:r::;::':"r","':; ;"r**":;: ;X::1 ;:J:ffi:lx ;:":"gmd right, full power and larful authority to grant, bargair, sell and convey the aame in manne! and fom asaforesaid' and that the same are free ud clear from all fomer ud other grants, bargains, sales, liens, taxes, as-aessments and encmbmnces of whatever kind or nsture soever, subject to pateni reservations andexceptions, easements and rights of way of record, and general taxes for rg73which the said party of the second part hereby assumes and agrees to pay. The saidparty of the second part is restricted to buirding.upon the p.o;";i; hereby conveyed,one single family dwelling, together with any b-uitaings ,r!o-i"-t.r'..ection therewith;and this restriction sha, be a covenant running witn ihe titre to said property. ud the above bargained pnmises ir the quiet and peaceble possession of the aaid part y of the eeond part, p4tL, Lut. nlfFer f. his heim, €xecutors, and administrators, do eS covenant,grant, bargain and agtee to and siih il'e-said part y of the second part, his hpire cn.t qcei6.E.$.r!, vcr6d.r drru .Bree ro anq \\ttrn rne sard part y of the second part, hiSthat at the time of the ensealirg and delivery of these presents he iS ' *.";;'J" heirs and assigns, his heim ard usigns, against all ud every penon or pemoas lau{ully';i;t_1"" ,. ;.,;il;:;;or anv part thereof, the mid part y of the first part ehall md siu wARRAxr ;;;;;;;;#'ffi;#: IN WITNESS WHEREOB The s&id part y of the first his .........isEAL1 .........IsEAL] .........IsEAL] hand md eeal the day ud year fint above Mitten. Signed, Sealed and DeUvered in the presence of :Y Bocopdou No...Recorder. Tms Drro, Medc ttrtr berw*n David Stacey , day ol and Joan Bogert Stacey 1e79 , of thc Coloredo, ol tlre first part, and County ol Peter Bogert stacelnd state of ol ttrs County ol and state of Colorado, of thc secoud part WITNESSETH, Ttrat the aaid p&rtle S of the firgt rrart. for andTEN DOLLARS and other good and valuable in considgration. of the eum ofcons.r-deratr-on ErfiI)f,X.E. to tho raid part ies of the first' part in hend paid by the aaid part ! of the accond part, the receipt whereol la hereby eonfesred and acknowledged, hav€ remlsed, released, sold, convcyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAII}( unto the ssid part Y of the second part, his heirs, successors and essigns, lorcver, all the right, title, intercst, claim and demnnd which the saidpart ies of the lirst part ha V€ in and to the following described lot or parcel of lanil situate, lying and County ot Garf ield and State of Colorado, to wit:being in the A perpetual, sw L/4 NW t/4 TO HAVE AND TO HOLD the same, together with all and singular belonging or ia anywige thereunto appertaining, and all thc estate, right, uid parl ieS of the first pert, either in law or equity, to the only part y of the second part, his hsi6 and assignrforever. non-exclusive road access easenent across theof Section 28, Township 10 S. Range 87 W of the 6th P.lvl. for the use and benefit of party of the second part and all future owners of the W L/2 of the SE l/4 of the NE L/4, Section 29 Township 10 S Range 87 W of the 6th P.M., said easement being more fuIly described on "Exhibit Aattached hereto and incorporated by this reference herein. IN WITNESS WHBREOF, Tho eaid partle S ol the first part ha V€hereunto r"rtheirS"n6 s and seal S the day and year first above written. the appurtenances and privileges thereunto title, interest and claim whatsoever, of the proper use, benefit and behoof of the aaid .....IsEAL] Sigaed, Sesled and Delivered in the Presence of STATE Otr'COLORADO, County ol DiiVl*i1""SEaCey Joen Bogiift"StaC6'Y-"" ""'tsEALl ....IsEAL] ....tsEALl ]* EXHIBIT IIA'' DATED TO QUIT CLAIM DEED ROAD ACCESS EASIiMENT A 20 foot strip of lanrj situated in the SWklJwkSection 28, Township 7 South, Range 87 West ofthe sixth principal-Mericrian, r;ariietd county,CoLorado, conforTirg to thc plat of. iinq," RowSubdivi sion, Fi I ing # I , ::ecor<lr:cl as Documcntr272247 ln the Gariielcl county Courthouse; saidstrip of rand being more particur,iriv-J"scribed asfollows 3 commencing at the Northwest corner of said swtr,*^qSection 28, a stone corner fotrnd in place, the ?ruePoint of Beginning; thencc g. 00.43,46i'w. alonqthe wesr Line of iaicl swkrn-ri-s""ti9"'ir, ro.0o feeE;thence leaving said West Line S. BB.4Iii3,, n. 3g5.ggfeet to the southelly risrrt-of -way -oi-ti-,. CounryRoad; thence N. 74o 3f,,66;i v!. a:-onq ="ij' southerlyright-of-way 81.19 feet; thence along sald southerlv:iqlt-of-way along a curve to the right, havins aradius of 430.00 feet ancl a central ingi. of OOo03'18", a distance of 0.41 f;;;-i;;";;ri.ur" N. 74o27' 30" W. O. 4t f eet) to the North f,ine of saicl SWkNik Section 28 i thence f eaving saiJ -=J,.,lno.ty Il?h!:o!-way N. BBo4I'13,, r,J. along s.rid lrorth Line306.97 febt to the Trtre point of Beqi.nninq. Names of adjacent property owners within 200 feet of peter Stacey property: Due1l, Caroline W. L97g LO2 Rd., Carbondale, Co. gL623 Stirling, John M. 0704 Skipper Dr., Carbondale, Co. g1623 Taverna, Frank x. 1670 upper cattle creek Rd., carbondale, co. gL623 4/LS/eO 9000s Bool( 546 rucr EO ro rHAr cERrArN *o**f,ffr"r';r1^rED MARCH 25, 1eB0 Together with a perpetual, non-exclusive road accesseasement across _the sw r/4 NW 7/4 0i slction 2g, Township 10s' Range g7 w of the ettr'p.ru. for the use and benefit of partyof the second part and alr future orr"i" of the E t/z of thesE l/q of the NE r/4, section 29; r"r"=rrip 10 s Range 87 westof the 6th p.M-, said easement being described as follows: ROAD ACCESS EASEMENT A ?g foot strip of land situared in the sw 1/4 NwL/4 section 28, . Town=r,ip'z- s""ti., R;;;; 87 wesr of rhe sixrhPrincipal Meridian, GariieId. County,--doforado, -";;formingto the plat g{_{ins's Row subdivision,'rrling #1, recordedas Document #272241 in the Garfield county courthouse; saidstrip of rand b.eing more particularly described as follows: commencing at the Northwest corner of said sw t/4Nw r/4 section 29,; stone corner found in pIace, the TruePoint of Beginning; thence s. 00043 | 46,' w. a10ng the westLine of said ?_w t7q Nr\, 174 99.iio"-zai 20.00 feet; thenceleaving said west Line s. a8o4l'13', n. 3B5.gB feet to the:9:!!9I1y risht-of-wav of rhe county-noad; thence N.7 4" 30 ' 0o " InI- arong ".ia southerlt ;ig;'t-of -way 81. r9 f eet;thence along said-southerry righ-t-oi:ruv arong a curve to theright, having a radius of a:o.oo feet ana a central angrle of00"03'18" a distance of 0.41 feet f"f,"ia bears N. 74o27,30,,w. 0.41 feer) to the North Line "f ';;ia sw r/q Nr{ t/4 section28; thence teavi-ng said southerry right-of -way N. ggo4l r 13,,w. along said t'torih Line 306.92 i..l'fo the True point ofBeginning. /4.v(Cotorado Town & Countf[ Realty, lnc. .;anuary 2, 1-990 Andrew C. MCGreqor Garfield Planning 1098 8th Street Suite Glenwood. Sprinqis, CO 303 8l- 6 01 JAN 4 i991 GARFIELD COUNTY Dear Mr. McGreggr: Enclosed is a plat on che Gordo-Ir t{eyer Inc. Please your reguirements I wilr :he necessary people. Please call me next week Stacey lcts done bY Schmueser check it over and if it meets al-I innediatelY try :-r: qet it signed bY as soon as you talk roith Mr. Malley. Sincerely yours, Ro*7ot&,<- F.ay uE ender RFlkav Enc1. 0952 Highway 133 Carbondale,Colorado 81623 (303) 963-9700 FAX [303] 963=9796 GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL December 11, L990 Peter B. Stacey L2BL7 Granite Avenue, NEAlbuquerque, NM g7L3L RE: Subdivision Exemption Dear Mr. Stacey: on July 9, 1990, the Garfierd county- Board of county commissionersconditionally approved 3.n exempfion from the Definition ofsubdivision auth-o-rizinq the "."i11"" of rwo (2) ten ( 10 ) acreparcers. This .pp=orr.i was conditionar -on yo.i= 'meeting six ( 6 )conditions. unclosed is a riiJ-"t thesd - Eorrditions. uponcompretion of these conditiorru *J tie submittal oi .r, acceptabreExemption prat, a Resolution;1 6p.;var can be passed and the pratcan be recorded, rhus 1ega11y;il;;i;g the rwo (2) parcels. subsequent ,to the origin_al ,a^pp,roval in May, an extension of timewas granted on November 5, rsdo, extend^i"g tlre-p".i"a to compretethe conditions of approvai- untii O,rrr"- fS, 1991. rt appears !hat, t\Tg" (11 items are outstanding. These include theoriginar reproduci!r9 brht, eviden.. oi werr permits from the stateand $400 for schoor inipacL fees. wiah the receipt of these itemsinfi=::t:::: can be app-roved, and rhe prat "is;;a; thus finarizins rt is my under:standing from discussing this matter with Dean Gordonthat vou are having ditti._"-i;;-i;-;iaining werl permits from rhestate Engineer's office. tf fhere i"-ir,y documentation that r canprovide to their office as insurance of our approvar, r wourd bemore than glad to do that. Sincerely, {fu{-r,.-, Andrew C. McGrdgor .v Planner ACM/rIb Enclosures 109 8TH STREET, SUrrE 303 . 9453212/625-5571/285-7972 .GLENWOOD SPRINGS, COLORADO 8I601 APPROVAI CONDITIONS 1.That the forlowing notes shall be incruded on the ExemptionPIat. A. No further exemptions shall be alrowed on either parcer. B. Foundations and/or individuar sewage disposal systems mayrequire desj-gn by a registered enfineer. Ihlt the applicant shalr submit evidence, from the Division ofYlater Resources, of a domestic water source for both of theproposed parcels consisting- of welr permits prior to anyformal resolution creating fhe tracts.' That the appricant shalr submit $400 in school rmpact Fees. That all conditions of approvar shall be satisfied and anExemption Plat f ired wittr-in L2o days. An extension may berequested prior to the expiration tate but in no exten-d,ingbeyond one (1) year from tire date of conditionar apfrovar. ' That. all- representations of the applicant, either in theappli-cati-on or in the pubric meeti-in-g, shal] be consideredconditions of approval. TIildfire pre-vention recommendations from u.s.F.s. and stateForester sharl be considered during deveropment of the parcel. 2. 3. 4. 5. 6. ROY ROMER Governor JERIS A. DANIELSON State Engineer OFFICE OF THE STATE ENGTNEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room glg Denver, Colorado 90203 (303) 866-3581 June 19,1990 Mr. Andrew C. McGregor 9ttfig.td,County Pl anning Department 109 8th Street, Suite 303 Glenwood Springs, C0 Bl6Ol Re: Stacey Exemption Wl/Z SEt/4 NEt/4 Section t3, T65, R78tll Dear Mr. McGregor: hle have revjewed the above referenced proposal to divide a 20 acre tractinto two 10 acre parcels. t,lell Permit Noi i5gfsr was.ittueo-a, ttre-onty-w;iion the 20 acres fu!.uited on April 5, rgee.--it appears ttrai the zo acretract was created in 1965. If this js the case, we could issue a household-use-on1y well for each ofthe proposed l0 acre rots. s'ince. q_ry9rr permii- wourd be ar.itable, we canrecommend qpproval . The avaj I abi I i ty oh a wel t permi t-ind-our recommendati onfor approvaf i s subject to the roi r owiirg-.onaii.ion, , l' The^property has not been previously subdivided or exempted since1972' !{e consider thjs as a on"e-tim..*.rpiion and will not makeadditional permits available for fuiure split; ;i .it[.r tract. 2' The well permit which will be available will be limited to use insideone single-family dwell ing on.lv.. 0uts jde use foi-la*n-ino g;il;;irrigation or I ivestock is- prohibited. plat notes and covenantsshould reflect this l.imitatioir. 3' The. appf icant should .provide proof that an evaporative wastewatersvstem w]ll, not be required. l,Je tould not issue thi: we1 ililil--iiany evaporative system is required. Mr. Andrew McGregor June 19, 1990 JCM:cl f/l40tI cc: Orlyn p.ll, Djvision EngineerBruce DeBrine Si ncerely, / /o,^c%6,,ai/James C. McDanoid, p.E. Senjor Water Resources Engineer Page 2 4' Prospective lot purchasers should be made aware of the limitations onwater use and the other informat'ion-.dntuined in this letter. Werecommend that a copy of this.lettei ue given to lol -fr..n.r.., andsubmi tted w j th tfre irLt t permi t appii.iii Jn. ' Please let us know if you have any questions. Peter B. Stacey t28Ll Granite Avenue, NE Albuquerque, NM 87131 (tcn zq z^ f,.l3a Mark Bean Planning Director Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 ,l-1,- ,- -'.-rrr-tTTn ., ,1 i ., t, ' flCT J .'co3 .-) .Lrr"r;.r .i-- LvUiri iy 14 October, 1990 Dear Mr. Bean, I recently filed for an exemption with the Garfield County Commissionersto divide a 20 acre parcel on Missouri Heights into two 10 acre parcels. It is my understanding that preliminary approval for the exemption was given by the Commissioners on July 9, 1990, subject to several conditions. The primary condition was, I believe, that I obtain well permits for both parcels beforefinal approval would be given (my uncertainty is due to the fact that I did not receive any official information about the results of the meeting). On August 14, I applied for the two well permits with the Colorado Division of Water Resources. I included with the application a copy of a letterthat had been sent from the office of the state Engineer to Andrew c. McGregor, dated June 19, which indicated the state would be willing to grant the two permits. However, on about 26 September, I received a memo from Mel Malley' in the Divlsion of Water Resources, saying they needed a "copy of the approved exemption resolution" before the permits could be granted. Since this appeared to be a "catch 22" situation (no permits without the resolution' no resolution without the permits), I wrote a letter to Mr. Malley on 29 September (copy enclosed) explaining the situation. I have not yet heard from him. However, in case there is a problem, I would like to request that the County Commissioners extend the time period that I have to meet the conditions of the preliminary approval. While it is possible that the well permits will be sent to me any day, the extension will allow me to track downthe status of my application and hopefully expedite it. I am writing this letter at the suggestion of Dean Gordon, who is workingwith me on this division, and who I believed talked with you last week aboutthis problem. Please let me know if there would be any difficulties inobtaining an extension, or if I need to provide any additional information. Thank you very much. Sincerely, Peter Stacey 0/-a - L rlr/q' 6oca o77 'k/qo Peter B, 12817 Granite Albuquerque, --, -- -]-.i1.-1r--: r*\., ,..: I [ll -__ ,:. !i li ;rt,i'l ll,ta0 .: "i-'iL. .." -*,t tarrr\i:r Lr- '-uiJ:\; 'i 'f Stacey Avenue, NE NM 87131 29 September, 1990 Mel Malley Colorado Division of Water 818 Centennial Building 1313 Sherman Street Denver, CO 80203 Dear Mr. Malley I have received your Carbondale. I have signed you. Resotrrces memo about my well permits for land nearthe permit application and am returning them to You also ask to have a copy of the approved exemption resolution.Unfortunately, part of the condition for final approval ls, quoting from thestaff comments for the resolution "2. That the applicant shall submit evidenceof a domestic water source for both of the proposed parcels consisting of wellpermits prior to any formal resolution creating the tracts". Thus the -ounty commissioners are waiting for me to provide them with copies of the approvedwell permits before the pass a formal resolution approwing the division of thetract into two pieces. Preliminary approval was given during the Garfieldcounty commissioners meeting on July 2 1ggo. However, since a formalresolution cannot be passed before I have received the well permits, I havenot received any official documents from the county, and therefore r cannotsend you a copy of the approved exemption resolution. I hclpe this does not become a "catch 22,,, where I cannot obtain wellpermits until I have the formal exemption approval, but cannot obtain theapproval until I have the well permits. Please call me if I can provide anymoremore information (505-292-5430), f am sure the Garfield County planning Department cannot confirm that preliminary approval for the exemption hasbeen granted. Thank you very much. Sincerely, Peter Stacey