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HomeMy WebLinkAbout1.0 ApplicationBEFORE '9E BOARD OF COUNTY COMMIScTONERS OF GARFIELD COUNTY, COLORADV PETITION FOR EXEMPTION Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned'`r /VA'', e 2 L1 /2,. 6' respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of z:/4- acre tract of land into_ :t- tracts of approximately acres each, more or less, from the definitions of 'subdivision' and subdivided land' as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: c SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information. /A. Sketch map at a minimum scale of 1'=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; B. Vicinity map at a minimum scale of 1'-2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and ,y D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and x;- E. Evidence of the soil types and characteristics of each. type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a :willingness to serve; and H . Narrative explaining why exemption is being requested; and • I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J . A $100.00 fee must be submitted with the application. SII( ititf .2.8© ;tz4, Ai 24 Peti tioner Mailing Adres /Sac- !C.E'�I L.v"L...� ^•c- L.�cc-G� City d/ State Telephone Number • • EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines thtt such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additonal factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; and E. All state and local environmental health and safety requirements have been met or are in the process of being met; and F. Provision has been made for any required road or storm drainage improvements; and G. Fire protection has been approved by the appropriate fire district. H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. (The School Impact Fee is $200.00 for each new lot created). PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Department of Development/Planning Division. Two (2) copies of the application, maps and supplemental information shall be submitted. B. The Planning Division shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. • • • C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Division. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedure in these Regulations. • SB 35 EXEMPTION CHECK SHEET Deeds for Ownership Deeds showing number of lots created since January 1, 1973. List of names of adjacent landowners and owners within 200'. NA- List of mineral owners and lessees of mineral owners of record of the property. Soils information. Source of legal and adequate water supply. J5x E'`cn' % Method of sewage disposal. Aqt �J Letter concerning fire protection from appropriate fire district. Letter from appropriate municipality, if parcels are to be served by municipal water and/or sewer. Narrative explaining why exemption is being requested. Sketch map scale 1"=200' showing legal description of property, dimensions and area of all lots or separate interests to be created, access to public right-of-ways, proposed easements for drainage, irrigation, access or utilities. Vicinity map scale 1"=2000' showing general topography and geographic relation of proposal within 2 miles. Letters sent 15 days prior to hearing for adjacent landowners within 200'. Letters sent 15 days prior to hearing for mineral owner of property. /Y- IVA Property posted. Zot7 $100.00 Fee • T t‘ et P, - 111\ 0,e, fin M / h 0 rn e PI 7 'r °P`� U%J evrie 4384 4383 T. 5 S. T. 6 S. to Cr w 4382 4381 32'3 43 Airport 4318 U Q i ..... 5591 Recorded at. 1 ' 'r o'clock P M. Jan 29 , 1.94 Reception No.. 577 Walter J. Fro slIP Recorder, � Book 233 Page 557 1Its Ural, Made this 28th year of our Lord one thousand nine hundred and day of forty eight 0. H. Michelson and Lovena Mae Miche):sen of the Colorado, of the first part, and January , between County of Garfield A. C. Urquhart and Velma= Urquhart of the County of Garfield Colorado, of the second part: WITNESSETH, that the said parties of the first part, for and in consideration of the sum of Ten Thousand (;10, 000.00) - - DOLLARS in the and State of and State of to the said partiCS 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, nut in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the follow- ing described Iot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: The SiSEiNWi and all that part of the NE4SW4 lying north and west', of the right-of-way of the Denver and Rio Grande Western Railroad Company in Section 11, Tp. 6 S. R. 93 W. 6th P.M., and a tract of land described as follows: Beginning at SE corner of SW*NW4 of Sec. 11 Tp. 6 S. R. 93 W. 6th P.M., thence north 0°40' West 974 feet; thence north 55°0' West 397.5 feet; thence south 25°10' West 542 feet; thence south 38°501 West 925.8 feet; thence north 89°45' east 1144.5 feet, more or less to the place of beginning, all in Section 11, Tp. 6 S. R. 93 W. 6th P.M., subject to rights of way for ditches and public roads, con- taining 72 acres, more or less, according to the U. S. Government Survey thereof; together with 6 shares of stock of The Grand River Ditch Company, and all right, title and interest of grantor in and to the laterg17 ditch and right of way to the above described.land Subject to rights of way for ditches and public roads TOGETHER withall and singular the hereditaments and appur enn4nces thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. f TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor, for - s„.0 And the said parties of the first part, for them sc j VCS ,their heirs, executors, and administrators do covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their il assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these presents, are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever. Grantors reserve to themselves and their heirs and assigns all of their interest in and to the Hill ch and water adjudicated thereto. Grantors also reserve possessionuxm7.,,,1 narch 14, 1948. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persona lawfully claiming or to claim the whole or any part thereof, the said partieS of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part ieSof the first part ha Vehereunto settheirhand 5 and seal 5 the day and year first above written. Signed, Sealed and Delivered in the Presence of [SEAL] r [SEAL] [SEAL] STATE OF COLORADO, County of Garfield The foregoing instrument was acknowledged before me this 28th day of January A. D. 1948 , by* 0 . H . Michelson and Lovena y``,�tl Ui7iFrllll My cots?ipltisiq •gxpi ��i�CtObeT' 6, , 1948 . Witness my hand and official seal. v a- •- Notary Public. 'fir ,4Mils , } 6d. Mae Michelsen No. 921, wA,M If bynaiktr -.Vo-s.,-` o Joint Tenants.—The Bradford -Robinson Ng. Co., Mfrs. Robinson's Legal Blanks D®hver. perSQA oi'\persons here insert narne or names; if by person acting in representative on official capacity or as attorney-in-fact,th4, iitligeFt name of person as executor, attorney-in-fact or other capacity or description; if by offleer of cor- poration, then Insert name of such officer or officers, as the president or other officers of such corporation, naming it.—Btetutor7! Acknowledgment, Session 1927. - • No 163577 WARRANTY DEED JOINT TENANTS TO STATE OF COLORADO, County �f GARFIELD J ss. I hereby certifythat this instrument was filed for record in my office this day of `JAN 29 1Q48 ,A.D.19. at / � — o'clock M., and duly recorded in Fee, $.../"P')' ..1c dpJ.- 5 - 4 k 5-4k nit nuoro00-110•111•001 II*. Co., 010010 4 '\11FD STATES' I4TERN.%RESTATE I tuvpiroa SAINTS WALINI usrna) SGTTES ` INTERNALSE{Etal —,------1-7.,—.7i, Evri "f. 012 IN t IN ISL ACK INK ..ICY OF ACCEPTED ATf ME NT MAILED •,. 11 E S r COLORiiii0 DIVISION OF WATER RE RCE 111. 818 Centennial Bldg., 1313 Sherman SW NECEIVED STA C Denver, Colorado 80203 LORADO (SS OF _.-_Garfield MAY -61980 Nig File -04M STATE- EN Nttil STATEMENT OF BENEFICIAL USE OF GROUND WATER AMENDMENT OF EXISTING RECORD X LATE REGISTRATION PERMIT NUMBER ii42(Y? COLO LOCATION OF WELL E AFFIANT(S) A, C. Urquhartend Velma Urquhart ,,,,,,y Garfield use mailing Ares5 Is ..------.Q83_6 C_ountx_o ad__21-0_►— t —1.----�- SE'/. al rV,c LVW r. secrlo,r 11 f Rifle, Colorado 81650 I'1rl Two _6 S • Rng 93 W 6th pm I.I ,ng duly sworn upon oath, deposes and says that he (they) is (are) the owner(s) of the well described hereon; the well is :lied ns described above, at distances of 1�99Q_- feet from thellOrth section line and 1450 feet from the iNON 11• UN ♦U rr1 ..1 west section line ; water from this well was first applied to a beneficial use for the purpose(s) described herein -.on the /5Z41 .; of . ti.a-S,_ , 1949 ; the maximum sustained pumping rote of the well is 10 gallons per minute, the pumping lotmcd hereby Is 10 _- gallons per minute; the total depth of the well is �atcr to be diverted is acre-feet; for which cloim is hereby made for 1.10 feet; the average annual amount Domestic purpose(s); the legal description of the lond on which the water from this well is used is the SEW; Section 11, Township 6 S.. Range 93 West of the 6th P.M., Garfield County (well not used for irrigation purposes) of which //5' acre/acct, irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in ..mpliance with the permit opproved therefor; this statement of beneficial use of ground water is filed in compliance with law; he stay) has (have) read the s atements made hereon; knows the content thereof; and that the same are true of his (their) knowledge. '„e?//2 Z././..</e/A -,//COMPLETE REVERSE SIDE OF THIS FORM) / —7ynuf ure( s) --vim:(1L-L. f-! / ... v.,- ,..- ./ c / :L.scribed and sworn FOR OFFICE USE ONLY :)efore me on this _42� day of r���1 19 S-.2° Cou,t Case No. Commission expires: 1// Z 9/6P/ et,l ,CEP'f ED FOR FILING BY THE STATE ENGINEER OF COLORADO IRSUANT TO THE FOLLOWING CONDITIONS: 21.1980 D I Tl' AT 610 V f'r',INfUR trrn4 Prior. Mo. Doy Y1. D. Cly �] Sec. J. 1 % /., __ Y Well Use Dist - I _ Basin Mon Ds ..-_--- fl Y E ON rP t IN ill. ACK INK r'y OF ACCEPTED all MfNT MAILED �! :UCSr t COLORaii0 DIVISION OF WATER REAWRCEc. 818 Centennial Bldg., 1313 Sherman Stt RECEIVED STA c ‘kL0RADO OF Garfield Denver, Colorado 80203 SS MAY -- 6 1980 Waif fileattitt CAM Ehk1ivttti COLO. CS j‘ STATEMENT OF BENEFICIAL USE OF GROUND WATER QS' ‘/' AMENDMENT OF EXISTING RECORD X LATE REGISTRATION PERMIT NUMBER 114207 LOCATION OF WELL iE AFFIANT(S) A. C. Urquhart_ andyelma Urquhart 1-.,,,,, Garfield :use mailing .:less is -- --- -0_83_6 _oun.ty Road_ 2EL Rt. 1 - SE 1/4 of the NW r. sect,„„ 11 I Rifle, _Colorado 81650 ___ __ Twp. _6 S. Rn9 __ 93 W 6th M I.�1 41y :)i. S 71--V• I •ung duly sworn upon oath, deposes and says that he (they) is (ore) the owner(s) of the well described hereon, the well is ntnd ns described abave, at distances of 4_99Q_._ feet from thellOrth section line and 1450 t10M1.. uw 14,11,.1 feet from the west section line; water from this well wos first applied to a beneficial use for the purpose(s) de,§cribed herein -.on the/SS-1 y of . /3_('-(:,.1_ , 1949 ; the maximum sustained pumping rote of the well is 10 gallons per minute, the pumping .le claimed hereby is 10 gallons per minute; the total depth of the well is 110 feet; the average annual amount mater to be diverted is acre-feet; for which claim is hereby made for Domestic purpose(s); the legal description of the land on which the water from this well is used is the SEW Section 11, Township 6 S.. Range 93 West of the 6th P.M., Garfield County (well not used for irrigation purposes) of which • acre/arca irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in ,mpliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he itey) has (have) read the s atements made hereon; knows the content thereof; and that the same are true of his (their) knowledge. OMPLETE REVERSE SIDE OF THIS FORM) r •_ (')17 !.scribed and sworn I FOR OFFICE USE ONLY before me on this _� dny of „ k&' 19�. ^ Cou.t Cose No. Commission expires: /1/ Z ,i/J>1 ILAL -nl-ewf LHca Lt SLI_ CCEPTED FOR FI! ING BY THE STATE ENGINEER OF COLORADO JRSUANT TO THE FOLLOWING CONDITIONS: 1.1980 P.,o.. Mo. Day Y.. Div c,y 2-. Sec . ___,3,%. %.. Y. WellUse C1 Dist. `J _ Bosm Mon D,s. -•-- • • CRifle cFire cProtection CDisfrict Box 1Y33 • Rifle, Colorado • 81.6 September 4, 1985 Mr. Mark Bean Garfield County Planning Department 109 - Uth Street Glenwood Springs, CO 81601 Dear Mr. Bean: Re: Alex Urquhart Subdivision Exemption I have reviewed Mr. Urquhart's request for a subdivision exemption for 0836 County Road 210 and find that the exemption request does not put any additional expense or burden on the fire or ambulance service for this area. The property is serviced by the Rifle Fire Protection District. Ver truly yours JWS : emb cc: Alex Urquhart 1. Savage, Jr Fire Chief 1 CRjfle cFire cProtection cDistrict l3ox 1133 • Rifle, Colorado • 8165O September 4, 1935 Mr. Mark Bean Garfield County Planning Department 109 - 8th Street Glenwood Springs, CO 81601 Re: Alex Urquhart Subdivision Exemption Dear Mr. Bean: I have reviewed Mr. Urquhart's request for a subdivision exemption for 0836 County Road 210 and find that the exemption request does not put any additional expense or burden on the fire or ambulance service for this area. The property is serviced by the Rifle Fire Protection District. Very) truly yours, Savage, Jr. Fire Chief JwS:emb cc: telex Urquhart 1, R.ecorded at 1 Book 233 o'clock p M. Jan 29, 194W Page 557 Reception No.163577 Walter J. Frost 0111,13 Ural, Made this 28th day of January year of our Lord one thousand nine hundred and forty eight , between 0. H. Michelsen and Lovena Mae Michelsen of the Colorado, of the first part, and Recorder. County of Garfield A. C. Urquhart and Velma itg Urquhart of the County of Garfield Colorado, of the second part: WITNESSETH, that the said parties of the first part, for and in consideration of the sum of Ten Thousand ($10,000.00) _ — DOLLARS to the said partie8 of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ye granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the follow- ing described lot or parcel of land, situate, lying and being in the County of Garfield and State o#.Colorado, to -wit: The SiSE4NW4 and all that part of the NE4SW4 lying north and west of the right-of-way of the Denver and Rio Grande Western Railroad -Company in Section 11, Tp. 6 S. R. 93 W. 6th P.M., and a tract of land described as follows: Beginning at SE corner of SW4NW4 of Sec. 11 Tp. 6 S. R. 93 W. 6th P.M., thence north 0°40' West 974 feet; thence north 5500' West 397.5 feet; thence south 25°10' West 542 feet; thence south 38°50' West 925.8 feet; thence north 89°45' east 1144.5 feet, more or less to the place of beginning, all in Section 11, Tp. 6 S. R. 93 W. 6th P.M., subject to rights of way for ditches and public roads, con- taining 72 acres, more or less, according to the U. S. Government Survey -thereof; together with 6 shares of stock of The Grand River Ditch Company, and all right, title and interest of grantor in and to the lateral' ditch and right ofpp way to the above described.land. Subject to rights TOGETHERway with all and singular es the her ditamennts and appurdtenttnces thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part ie 8 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, the survivor of them, their assigns, and the heirs and assigns of such survivor, for- ever. And the said parties of the first part, for them sel ver , the ir heirs, executors, and administrators do covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these presents, are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever. Grantors reserve to themselves and their heirs and assigns all of their interest in and to the Hill ch and water adjudicated thereto. Grantors also reserve possession arch 14, 1948. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part Jo Sof the first part ha V°hereunto settheirhand s and seal Sthe in the and State of and State of day and year first above written. Signed, Sealed and Delivered in the Presence of [SEAL] [SEAL] (./' e�/:r ,:_/:.. f:.. ,[SEAL] Amir , r,. -r s /4//.:1:4/,.' r [SEAL] [SEAL] STATE Oh' COLORADO, S8. County of Garfield The foregoing instrument was acknowledged before me this 28th day of January A. D. 1948 , by* O. H. Michelson and Lovena Mae Michelsen My co,raipigsiop,»xpir�`�,,October 6, , 1948 . Witness my hand and official seal. ctaft vY t, —1 : t_ _ Notary Public. 1O /j` CO . -; ---c."---11,..,,=.72.^-,..... >.,: -fir - -- No.Ne 921 wFt }lHJ$D -�-i'o Joint Tennnty.—Tb. Bradford -Robinson Ptg. Co., Mfrs. Robinson's Legal Blanks. Denver. •If by nairUr son \or' persons here insert name or names; if by person acting In representative or official capacity or as attorney -In -fact, 6 lit rt name of person as executor, attorney-in-fact or other capacity or description; 1f by officer of cor- insert name of such officer or officers, as the president or other officers of such corporation, naming It.--Btatutorl/ t?"1 • j 4� 11 •Rrrorded at....�w4Q-........ o'C1oCkI?s M., _Zun.�...1�.►...71y54 .. book 277 Page 91 Reception No..:....1961�F,$.... GhAS.-..5....Keega.a Recor der. THIS I)EED, Made this 2r •i n, day of Jt;;�l in the year of our Lord one thousand nine hundred and :'t:•r,-.- between fot:r +• C. i ..C'n..ii and V:.i.i.., of the County of leld and State of Colorado, of the first part, and andhl,3Y Ll;t A:tIGGS RECORDER'S STAMP of the County of "aI'fi e19 and State of Colorado, of .the second part: WITNESSETH, that the said parti es of the first part, for and in consideration of the sum of an otter tro[ 11'r1 „a111.th p c^nail=rai.T:,fls - - - - - - to the said -parti es of the first part in hand paid by the said parties of the second part,- the ,receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the following described lots or parcel s of land, situate, lying and being in the` ^f= -e] d and State of Colorado, to -wit: A trtct of land situate in NEW;S,nty of Section 11, Township 6 South, «ange 93 Westof the 6t?, P,i.,, described as foll ws: C:ormencinP at a point where ,snrth 1 ire of L,S, hizhway 6 & 24 inter- sects the i.orth and South Center Luie of' Sect=cn 11, Township 6 South, nar:_e 93 test of the 6th Principal P'•oridian; thence North alcn;; said benter line of sa=d Section h , 175 feet, to Corner No. 2; then^..e best 210 f et to C,,rner No, .3;. thence South. to the North line of aforesaid Highway 6 & 24, Corner Pio. 4; thence easterly along the North bounria-y of sail hiV'.:ay to the point of beginning, Corn -•r ho. 1, • TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part i 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, the survivor of them, their assigns, and the heirs and assigns of such survivor, forever, And the said part ' es of the first part, for them se' iter. , their heirs, executors, and administrators do covenant, grand bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these presents, tt ev ire well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from alt former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said parti es of the first part have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the Presence of • STATE OF COLORADO, j . } ss County of Ute-: rf; e d 1 5 The foregoing instrument was acknowledged before me this / / day of A. D. 1954 , by A. C. Lrc::'-.art .... . _ . t n,. . My commission expires /fl ,4,„ #, , 19 t r- A rre• _ Vitness my hand and official seal. • ',..Pilo. 9Z1. * RRAN44 DEED -To Joint Tenants. -Bedford -Robinson Pte. Co., Mfrs. Robinson's regal Blanks, 1034-411 Stout St., Denver. Colo. • '. 'if 1p natural person or persons here insert name or names; If by person acting In representative or official capacity or an . 'a'ttoineyrrtfact2 then insert name of person as executor, attorney-in-fact or other capacity or description; if by officer of cor- poratloRR,, Aweh,4ert name of such officer or officers, as the president or other officers of such corporation, naming It.—Statutory r deknoteJetlp,tt�µ}'Colorado Statutes danoteted.—Ch. 40. Sec. 107. _[SEAL] _[SEAL] [SEAL] Jura, / 9s' Notary Public. Recorded Jan 3, 1956 at 3:53 P.M. eHiA_P11Recention 192730 Chas. S. Keegan, Recorder Toro PHA -3N7.5 (7 21 14) UJarrantg Beed (COLORADO) KNOW ALL MEN BY THESE PRESENTS: That (We), (43 HAYDEN E. JONES and MAMIE C. JONES, his wife, of the County of Garfield Book 290 -- Page 465 and State of Colorado , Grantor (s), for the consideration of Ten Thousand and Five Hundred and No/100ths Dollars ($ 10,500.00 ), in hand paid, hereby SELL and CONVEY to ALE( C. HA ET and VELMA A. U UHART" � , his wife, of the County of Garfield and State of Colorado, Grantee (s) , not in, tenancy in common but in joint tenancy, the survivor of them, their assigns, and the heirs and assigns of such survivor forever, the following real property situate in the County of. Garfield and State of Colorado, to wit: 111—aaee-1 The North half of the Southeast quarter of the Northwest quarter (N SE -NW*) and the Southwest quarter of the Northeast quarter (SW4NE4); all in Section Eleven (11), Township Six (6) South, Range Ninety-three (93) West of the Sixth Principal Meridian, except parcel described as beginning at the North- east corner of the Southwest quarter of the Northeast quarter (SW4NE4)"of Section Eleven (11); thence South along the quarter section line 1320 feet;. thence West 270 feet; thence North 1320 feet to the North -line of the Southwest quarter of the Northeast quarter (SW4NE4) of said Section Eleven (11); thence East 270 feet to the point of beginning. Together with all water and water rights, ditches and ditch rights used thereon or appurtenant thereto, including, but not limited to, 5 shares of the capital_ stock of the Grand River Ditch Company. Subject to exceptions and reservations contained in patents from the United States. subject -to -existing easements for roads, highways, ditches, canals, laterals, railroads and water and pipe lines, and power and transmissionlines, if any. rr= • Book 290 Page 466 with all its appurtenances and WARRANT the title to the same. Signed and delivered this . 3rd. day of January • ,1956 (nub...41 • (W)!.) COUNTY 01? GARFIELD. The foregoing instrument was acknowledged before me this January' ,19 $4' , by Hayden S., Joneat andaad.of$eialf$ea1.;. 21} ,1. day of 6 ry Public. a r y ,17" . Ma ,.:1959" tocz • Recorded in -_ _-_ _ - County, Colorado, on ____ d USDA—PHA T. IAA -843.6 (8-6-83) ttecorded Jan 1956 at (Position 5) 3:54 Reception 192731 Chas. S. Keegan, Recorder DEED OF TRUST FOR COLORADO (insured Farm Ownership Loans) THIS INDENTURE, made and enteredinto this `>1'd day of _4/January by and between _.___/q,E,Y_C �_ me�R al we krua1� et VELML_JJRQU ILIIT kmxn aa A. C. IIBQUiiAHC, and j1EIJ A-4.--11411111,32-• whose address is County of ___Oarfi ld _– , State of Colorado (hereinafted called "Grantor"), and the Public Trustee of the County of .___Crarfi elrl , in the State of Colorado (hereinafter called "Trustee"), and the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture and its duly authorized '- representatives (hereinafter called "Beneficiary"); WITNESSETH THAT: . . WHEREAS, GRANTOR' has obtained s loan fronr___Yegllitahl • T.ifAt..=ng ynri'" a corporation (hereinafter called nendea"),.aitevidenced,by one eerteirlrpromieaorr'notec(hereinttftercalled-"instrument ofe debt") payable to the order of Lender through Beneficiary, dated the rd • day of 3 rn ary ,19 for the principal sum of __. Fi�t513A T1>�U9alui SdYeUliUndreSid – – - - dollars (;.1 �-Z00.00 –_), with interest at. the rata of. ___L�1zel :aAdcltl&-half(_3_"1---- percent ----q°1 per annum, payable in amortized installments as specified therein over a period ending _forty :1Q...__) years from the date of said instrument of debt and WHEREAS, Beneficiary has executed an insurance endorsement (hereinafter Balled "insurance- agreement") insuring the' payment of said loan pursuant to the Bankhead -Jones Farm Tenant .Act, as amended (7 U. S. C. 1000 et seq.), subject to the. provisions of that Act andthe applicable regulations issued thereunder; and Grantor has agreed and hereby agrees to pay to • Beneficiary, as insurer of said loan, an annual loan insurance -charge at the rate of one percent (1%) of the outstanding principal - obligation of said -loan which shalt include the outstanding balance of principal on the loan and all amounta.paid by Beneficiary to Lenderpureusnb'to the insurance agreement as well as other amounts advanced or expended by Beneficiary for the account of Grantor by reason of Grantor's failure to pay the same as hereinafter provided; the initial charge shall be -paid simultaneously* with.the insurance of saidloan and shall cover the period from the date -of loan closing to the next succeeding January 1; the. next andeach', succeeding charge shall be computed on the outstanding- principal,. obligation, remaining- unpaid: •aa, of. each January 1, and shall' be paid on or before the next succeeding January 1; and, WHEREAS;-Grantttr•is desirous. of Securing Beneficiary against loss under its insurance agreement by reason: of Grantor's faihrrelto makeprompb payment of said. instrument of debt and the several installments of principal and interest at maturity, or any extneiop, or renewal thereof, and is desirous,.furthen: of securing the prompt payment of the annual loan inaurance charge described above and any additionaLindebtedness to.. Beneficiary under this deed of :trust on.acount of, advances or expenditures. made as hereinafter provided, and the performance of every covenant and agreement. of. Grantor contained herein or in any other instrument executed by Grantor in. connection with aaid-loan or the insurance thereof by,Benefieiary;, NOW, THEREFORE in consideration of Beneficiary insuring said loan, -Grantor does hereby -and by these presents sell and; convey unto Trustee all that-traot or parcel of land situated in the County. of, . _ ___}__QSd1S�_State of; Colorado, and more -particularly described as follower', Parcel No. lr The South half -of the, Southeast quarter of. the -Northweet.quarter . (SiSSiNif;).. and all that part or the Northeastquarter-of then Southusetl-quarter (NE )z lying North of right of way, of Denver'•& Rio Graride*•Railroad,' all isr Section Elevens (11),. Township. Stu (6) South, Range Ninety-three° (93):.Weet of'. the Sixth Principal. Meridian:. :. • :. • Parnell Non...2 r: A,xtraet o.f land,rdeacribed ae :follows r .Beginningat: the South.. east corner"of.the- Southwest, quarter -of the Northweat.quartero( ) of, Section Eleven;(11),-Township Sir (6) South, Range- Ninety-threee(93) West of: Una Sixth Prineripal: McSidinn; t hence North O. 40'.- West' 971c feetr thence. - North -5P- hence North_5S 0idaet 397.5 feet; thence, South -25' 10' 'West --51i2. feet;'thence• • South 38'- 50' West; 925:8 feet;- thence' North_ 89. 45.' East 1144. 5' • the pl,ac,;;-o,..beginn1 , except that portion. of the- Northeaet>vquarter-of the Sout mat;- quamtes (i s). ot. said,Section Eleven (11) conveyed to- Willine M. Briggs, and -Ruhr Lee%Briggs by- Document: No :1861145 recorded. in _boolt. 277 at, .. page -91 of the Garfield "Countir recorde. Book 290 Page 467 —, his wife; ef' •Ipv�. Parcel, No. 3 it - The, North halt; or the Southeaet quarter of the Northlreai quarter (NiS6iNiii)_ and: the' Southwest= quarter of t he Northeast, quarter - (SWV.114);„ all. in Section Eleven,(11),,Township Six :(6) South -Range:. Ninety-threea(23) Weat-of:, the .`Sizth -Pr lneipaLMeridiauexcept. parcel described as beginning at the Northeast! corner of. thenSouthweeV quarter of the Northeast quarter (S ) • ot;SeetionnEleven (11);"theltce South along the quarter secti,on.line,1320-feet; .- thence West 270 feet; thenceNorth 1320 feet to the. North.line ofthe .South- west- quarter outhwest-quarter of 'the Northeast:, quarter (SW JE}) of said Section Eleven (11); , thenceEaat 270 feet to. the: point of, beginning.-. iris* ' Together with all water and water rights, ditches and ditchrightsused thereon or appurtenant thereto, including, but not limited to,). .shares of. the capital stock'ot.the Grand River. Ditch Company. Subject to exceptions and reservationscontainedin patents from the United_States. Subject to existing easements for roads, highways, ditches, canals, laterale, railroads and water and pipe lines, and power and transmission lines, if any. I8A-3112.6 M A • Book 290 Page 46t .•together witleall -rents' anatother 'revenues or income there- from, the rights, easements, hereditaments and appurtenances therermter belonging andralrimpiovements,- water, water rights, water stock and other personal property now or here- after attached' to or reasonably necessary to the use of the real property, herein described. all of which property is some. . times. hereinafter designated as_"estd-ylroperty," and Grantor, does hereby wariant the title to the same; • • TO HAVE ANIi TO HOLD -odd property unto Trustee, his successors, grantees and assigns, forever and in fee simple, IN, TRUSTF NEVERTHELESS,. FOR. THE='PURPOSE^'' OF SECURING- therBenaifiidary-ageiaat_loss•uoderiteinsas. "'- ante .ante agreecrent by: reason of •Gragter's:faiure.,to. promptly, pay all' amorality due 'under- said- instrknent of. debt, or any renewater eii�uioff Honied.. end, tre eeenre•the prompt pay- ment bjcf> Fterne'thettfitnddoaiti riprehargedeecribed'.' above+aod! r additia latishibtedotanixtBeneticiarr ere tide. deidieaiuihacewiooant ad'advances:or-expenditures • made asherein. provided and the performance by Grantorof,, every covenant=aind✓agreement`contained herein or in any other instismentuniuttdbyi.GrantorehiiConnection with saidu loan.orthe insuraneathereoft AND RAN " li ta4limself itlis sir executors; admit' ietraatorslrenccnpa iyuid�fieaigtiFdee"e-7ietebyi endibVtheee(' presentaveovenaeltandiserearly ind adth$Trusteepitsteoct0i and forfthe beneflpol efle s' , - ; r 1: To* pays to ,IBenefiefi st'loI schen) agenti for, Lender promPt�`w6 iirdurealG imatil6denitraf principal and intertat ; c' acoordifferttirtrss tktri rti er.debtrr C r, 2.•Tar' y -Hen e to rgeibm±vrtt}i and s additionkc c ' the, amfepifitpaiilofopridotaGfin&3ntereet•payabieihav Lendertindertheteresszetthtfinetrt of debt,)thefollow? ing runnier: (arTEGKrinntithiritilthessielieriteslid Prescribed,• abov' e,Greatees eludisenettgasetdpareaeirannuakchary umilsiidtean,i paid:ioSaliyoethe saieproperty is acquiiedr.. by.Betlelleen Zro€nntil?th lnearanpeagreementis other,_.' wialetermmatedlrProvided;. That+9t(`-the•eveht said loan is paid teltillitb kid .thin fiyaa(6) yeareCafterthe date of the inetri•debtand at that timeit is insured by Bene-, t' fidsry,'gambio's P the:entice annu, l oethiyeeritheir-c )learn” tridtetilhasfielitrifteentketelseaddltionaleluirgeequallwri.. 'v +udgeseusorlspaimentto beappliedGo ., by Ben rygeo G aaRa's-nbligatiogom account:of humeri. inamnmaete•AsGl a herinettamentof debt toeBenar .. 'fbaba@+netropeasts'te'.termiaatet .- me georsreltesearautosrtrmaethevobligatisortcapay:,there • insurance premiums, taxes, asseuments, and items of similar character, which may be advanced by Beneficiary for the account of Grantor by reason of his failure to pay the same, shall be deducted from the first available collections received from Grantor and shall be repaid to the insurance fund main- tained.by Beneficiary. All such advances shall bear interest at the. rate apeccfled4in the Instrument of debt, and, until repaid, the -advances and interest thereon shall be added to eubsegWnt installments. Until • such- advancer-- have been repaid by Grantor, payment thereof by Beneficiary shall not relieve Grantor from the breach of his covenant to pay. 4.' Should Grantor violate any covenant, agreement or con- I dition'contained, in this deed of trust or in any other instru- ment•executed in.eenneetioo with said loan -or the insurance thereof, Beneficiary may requira-Lender to assign -the instru- ment of debt, together with the incidents thereto, upon pay. ment to Lender of the tnsurancrbeneflta as described herein. • Shou1ddBeneflc1 ry-requirethie`assigninenb(of'the instrument of debt -from Lender to Beneficiary, upon such assignment and transfer, -Beneficiary. shall pay Lender an'amountegwl to the unpaid principaLand,interest under.the'instruntent of debt. 5. To pay, before the same shall become delinquent, all taxes, assessments, levies, liabilities, obligations and enema - trances of -every nature whatsoever.whlch,affect said property or •Benefldary,'s rights and jntereate therein Under this deed of trusl$'and-promptly to deliver to Beneficiary, without de. mandkreceiptr evidencing=such"paymantar, .. '6. Imtne'dietely upon theiezecution of tile deed of trust to sprovidefarid)thereafter.continuonsly.-maintain,fire insurance=. porlcltskapdeueh other imamate- policiasaa 8enefldary may theh or,from timestd'timetrequireAupon-'thtr buildings and improvementa now•situate ox hereafter constructed' in or upon • said:property„ Said; &eand:othei ineurance.poiiciee shall be.- e: deposited' with 'Beneficiary' and shall be -with - companies,. in amounts and on term's and conditions, approved by Beneficiary.,.. 7r Personally; and continuously to .reside. Qq said Property- r and, with bis own and his family labor, personally to operate said pioperty-aa a farmand iorno other purpose; at all times- to:m(fintaffisgid property+ia proper rePalrand geld:condition; torr committ orsinfer nawaste or exhanatioesof- said.property, neither to cut nor remove any timber therefrom, nor to- re- move, orpermit to be removed, gravel, oil, gas, coal or. other ' minerals,- except such as.may.be necessary for ordinary do- mestic purposes;; promptly, to effect: such repairs to said property, as Beneficiary may require;'to institute' and 'carry _ s out ,such.fatmingConservation practices and farm end ;home- management plans as Beneficiary shall from time to time. prescribe; and to make no improvements, upon said property: without consent by Benefkiary.. , (b),:Saeh:delinqueney Charge, and:defaujt reserves. as x •Y•_flndsneeessaRy,aru6mt ereattTestabllaliby• . ra (e7 Sur]irfnitialefees 1 p.. LL.'appraibaI and,other • i eba gewas Bee desetaesarytiP ' Alf pa meatr'tnentiade ii the`, rekeding subsection (a) and d6)-of:tbis'paragraph,"`all payments on: theinstallmenta otF prinetpaL'and'tntereatz t`o. be'made under. the- instrament-of' debt; sadaf-advenees;made by Iteneftciary for the account tett` Grantee sehir riaftey provided, shalt be added together and y4 the 'aggregate-amoundY+thereattabalk ba'•phid.byGrantovon'i+ the pre aribedrdUe.dateofeach iretaI atrof-principal.nnd interesiatctbentothre iuent.o1Jhe4ollowia®,.itema in thaordepsetforths° zr. (1)-advene+nbyiBe sl ay for tbeeaocoentaof.Grantor,. willaintereseeetheneur peovide In the instrument of debt; (2) 'suinniklifertiebitsetcr Benefic;,iilt;G ,. 3 inte:eak on said roan,• and:,, 7ac(4)•amartisatiewot the pripapai of aaidloan... ?"3i it'Granth-liaaffafed to. pay te: Beneficiary tbe'duli'. flmotaltof aay inetalb]emt of principal and,:intereet •on or, before.the due date thaerete Beneficiary .,will after thirty. (30) the due &temy.the:nnpai amount of such install.. - meat to Lender, leaf theamoontof anypreviQne prepayments': .(except refunds and paymentefront preeeeda;fronrthe volnri i taryor hrvoiaatary,aakeof any part of the;said-property or ; front royaltiesfrom lessen zanier which• the value. of the eeenrfty' is. depredated). Amounts thus advanced. by Bene.. flciary, as well as other amounts for the payment of -property S.- Ti, perfornw comply with. and abide -by each and every stipulations agreement; condition and covenant contained in the instrument -of "debt¢ in any-ententdon=or renewatthereof, in this deed of trust; .of in Any -other •inetrument executed by • Grantor in connection, with saidaloenor the inaurancethereof. 9a.To., comply; with, all, laws, _ ordinances. _ and regulations, affeetinge.aaidproperty or its use:, 10. That !canvas expressly made'by Lender to Grantor to enable Grantor to purchase, repair' improve or enlarge said - property. -or refinance m connection with such -Improvement -or enlargement, or any combination of the• aforesaid purposes,. and that Grantor did or willuieeaid moneys for the .foregoing~ Pte• . _,: •1I Thst BeneflciaryS rte agents End" attorfieyrt,'6ha-ll have the right at all times to inspect and examine said property for.. thexpurpose',oft ascertaining -,whether the secnrity given- is being• lessened,. diminished, depleted or impaired, and if such inspeetion,og.vnr„ioeVon ahalr diselo se. in the,,3udgment of Beneficiary, that the,security given or said property is being tom, lessened or impaired, such condition shall be deemed a breach r ' { of the covenants of this deed of trust on the part of Grantor. 12. That all 'Of the terms and provisions of the instrument of debt, of any extension or renewal thereof, of any other instrument,executed by Grantor in connection with said loan a; or the insurance thereof, and -of the insurance agreement, are v. hereby incorporated in and made a partof this deed of trust ) aa,if.the SUM .were set out in.full herein, and shall be con11 - strued with- this deed of trust as one instrument 13.. That, without Beneficiary's consent, no final payment of said loan.shall be made within five (5) yearn from and after the date' of the instrument of debt. :A.:E''y :gin rP 14. That all awards of damages, up to the amount of the indebtedness of Grantor to Lender on said loan plus any indebtedness to Beneficiary under this deed of trust, in con- nection with any condemnation for public use of or injury to any of said property are hereby assigned and shall be paid to Beneficiary, who may apply same first to payment of any indebtedness to Beneficiary under this deed of trust and then remit the balance to Lender for application on the install- ments last to become due under said instrument of debt, and Beneficiary and Trustee are hereby severally authorized to execute and deliver valid acquittances therefor and to appeal in the name of Grantor or Beneficiary or Trustee from any such award. 15. That Grantor will record this deed of trust at his ex: Dense in the office of the County Clerk and Recorder of said County. 16. That should Grantor assign, sell, lease, enter into any sharecropping agreement upon, transfer or encumber said property or any interest therein, voluntarily, involuntarily or otherwise, or should he abandon said property or become an incompetent or be declared a bankrupt or an insolvent or make an assignment for the benefit of creditors or should he fail to keep, perform and comply with any covenant, warranty or condition contained in this instrument or in any other instrument executed in connection with said loan or the insur- ance thereof, without the consent of Beneficiary, or upon the death of Grantor, Beneficiary may declare the entire amount unpaid under said instrument of debt and any indebtedness to Beneficiary under this deed of trust immediately due and • payable and thereupon exercise any remedy provided herein or by law. 17. That, without in any manner affecting the right of Beneficiary to require and enforce performance at a subse- quent date of the same, similar or any other covenant, agree- ment or obligation described or referred to herein, without affecting the liability of any person for payment of said instru- ment of debt or any indebtedness to Beneficiary under this deed of treat and without affecting the lien created upon said property or the priority of said lien, Beneficiary is hereby authorized and empowered, at its option and at any time, to (1) waive the performance of any covenant or obligation described or referred to herein; (2) dealin any way with Grantor or grant to Grantor any indulgence or forbearance or extensions of the time for payment of any amounts owed • under the instrument of debt or any indebtedness to Bene- ficiary under this deed of trust; or (3) execute and deliver partial releases of any part of said property from the lien hereby created, or to subordinate the lien of this deed of trust to other rightein said property. 18. That whenever the context hereof requires, the neuter gender as used herein.ahall include the feminine and the mas- culine, and the singular number as used herein shall include the plural, and vice versa.' 19. That any notice, consent'or'other act to be given or' done by Beneficiary under this deed of trust shall be valid only if in writing and executed or performed by the Administrator of the Farmers Home Administration or his duly authorized representative. 20. That all notices to be given under this deed of trust shall be delivered or forwarded by certified mail (or registered mail if required by state statute), addressed in the case of Bene- ficiary to. Farmers Home Administration, United States De- partment of Agriculture, at Denver, Colorado, or at such other place as Beneficiary may designate, and in the case of Grantor to him at the poatolflce address of the real estate described in this deed of trust. 21..That 'Grantor hereby assigns to Beneficiary any and - all rents, profits and other revenues and income of or from said, property, and Grantor does hereby authorize and em- power Beneficiary to take possession of said property at any time there is any default in the payment of any amount due under said instrument of debt or of any indebtedness to Bene- ficiary under this deed of trust or in the performance of any covenant or obligation herein contained or referred to. Dur- ing such default, Beneficiary shall have full power to rent, lease and operate said property and collect all rents, profits and revenues therefrom and apply them, after deduction` for all costs of collection and administration, upon any indebted- ness to Beneficiary under this deed of trust and upon said loan in such manner as Beneficiary may direct: Provided, however, That if Grantor be in default in the payment of any other debt to Beneficiary not secured by this deed of trust, Book 290 i'ar;e 469 Beneficiary may apply said rents, profits and other revenues to the reduction thereof. 22. That all rights, privileges, benefits, obligations and powers herein conferred on Beneficiary may be exercised on behalf of Beneficiary by the Administrator of the Farmers Home Administration, or by the head of any other agency of the Federal Government that may from time to time be vested with authority over the subject matter of this contract, or his duly authorized representative. 23. THAT TIME IS OF THE ESSENCE of this deed of trust and of the instrument of debt and other instruments herein referred to, AND SHOULD DEFAULT be made in the payment of any amount due under said instrument of debt or under any extension or renewal thereof or in payment of any indebtedness to Beneficiary under this deed of trust or should Grantor fail to keep or perform any covenant, condi- tion or agreement herein contained or referred to, then in any. of said events, Beneficiary is hereby irrevocably authorized and empowered, at its option and without notice and without affecting the lien hereby created or its priority or any right of Beneficiary hereunder, whether or not such defaultbe remedied by Grantor, to inspect and repair said property and to incur any reasonable expense in the maintenance of said property, including the payment of taxes, insurance premiums and any other necessary costa and expenditures for the preser- vation and protection of this lien; and Beneficiary is hereby irrevocably authorized and empowered, in like manner, (1) to declare the entire indebtedness evidenced by said instrument of debt and all indebtedness to Beneficiary under this deed of trust immediately due and payable and to file with Trustee a notice and demand in writing as provided by law, whereupon it shall and may be lawful for Trustee to, and he shall, fore-. close this deed of trust and sell 'and dispose of said property - and all of the right, title and interest of Grantor therein and thereto, at public auction at the ____ train. door of the Courthouse in ___G1enwoofi_Springa County of Garfield. rl , State of Colorado, or on said premises or any part thereof, or at any other place then authorized by law, as may be specified in the notice of such sale, for the highest and beat price the same will bring - in cash, four weeks' public notice having been previously given of the time and place of such sale, by advertisement, weekly; in some newspaper of general circulation at the time published. in said County or upon such other notice as may then be re- quired by law, and Trustee shall issue, execute and deliver a Certificate of Purchase, Trustee's Deed or Certificate of Re- demption in the manner provided by law, to the person entitled thereto. Trustee's Deed may be in the ordinary form of con- veyance; or (2) to pursue any remedy for it by law provided: Provided, however, That each right, power or remedy herein conferred upon Beneficiary is cumulative to every other right, power or remedy of Beneficiary, whether herein set out or conferred by law, and may be enforced concurrently therewith. - All moneys advanced or expended by Beneficiary as herein ' provided, including the costs of 'evidence of title to and survey' of said property, reasonable attorneys' fees, court costs and other expenses incurred in enforcing the provisions hereof, with interest at.the rate specified in the instrument of debt' until repaid, shall become a part of the indebtedness to Bene- ficiary under this deed of trust, and shall be payable as part of the principal obligation, immediately after such expenditure except as hereinbefore provided and without demand, in lawful money of the United States, at the place designated in the instrument of debt or at such other place as Beneficiary may designate. 24. That should said property be sold by Trustee as afore- said: (1) Beneficiary may bid at such sale and purchase said property as a stranger; (2) Grantor will pay a reasonable attorney's fee and a reasonable Trustee's commission for serv- ices rendered in connection therewith, together with advertis- ing fees and any other fees and expenses incurred by reason of said sale; (3) the power and agency granted hereby are coupled with an interest and are irrevocable by death or otherwise and are granted as cumulative to the remedies for the collection of said indebtedness as provided by law; and (4) as against the indebtedness evidenced by said instrument of debt and any indebtedness to Beneficiary under this Deed of Trust, Grantor waives all homestead and other exemptions which he has or to which he may be entitled under the con- stitution and laws of the State of Colorado. 25. That application of the proceeds of such sale shall be made in the following order: (1) To the payment of the cost of foreclosure, including expenses of advertising, selling and Book 290 Page 470 conveying said property, abetraet of title, a reasonable attor- ney's. fee,. a reasonable, Trustee's commission and all other mate and expenses incident thereto; (2)r to the payment of any amounts that shall have been expended by Beneficiary or that may, then be necessary to expend, in the payment of -in- 'nuance premiums, taxes or other expenditures as herein pro- vided, with•interestthereon as af,ozeeitid; (8); to the payment,: of sny.amount due to Benefidaiy ar charges for loan incur" ante (4) to the "payment in fdlliof the' instrument of debt, whether the same shall or shalt. not have fully matured at the, time of said sale; (6y to the payment of secondary liens duly. approved ''andaliowedt and'(8)'thkbalance;-if any: shall "bd-. deliened.- to -Grautor'f, It`ehali' sot bei obligatoiy`npon. any purchaser of said property to see to the application of the purcha3e money.. 28:That if at any time.it shall appear to Beneficiary that Grantor maybe able to -obtain a loan from a reepondble coop. erative or private, credit source at a rate of interest not ex- ceeding five•,percen-(6%) per annum and terms for. loans. . for similar periods of time and purposes prevailing in the area• in which the loan is to be made, Grantor will, upon request of. Beneficiary,. apply for and- accept such loan- 1n sufficient amount. to repay Lender and Beneficiary, and to pay- for any; necessary to neto be purchasedin the,cooperativs lending. agency in connection with the Luz,. IIS,WI WBEREO?,Grantprhalf berennto.setids hand ami,sea�ltheday .anayearabovewrittem , • r: 14's' L 'k-'•fs:7eeec����aaaaeeee .n ai , iyi _ •. •�- rr� Addr. ) .'• .,N •..._♦•. �g bead) a E,. ACKNOWLEDGMEN r"; ' W tJdr$Allt�ryK Bei• r's.2 x •.� 1 t 1," csartield _• e SGrra4 J :s 4; ,r..t.' iF v •u•[ ". k ,,}�, ,;Fr i,; x}, adz s 7' betste,nta thin r` day of5 f S :ren'^ , ,u' ti j!, . 7 T ±. s og •'ibtir '4• 6• •%*" ., :' _y'l .+SIL •L' ala r,kno t4ae A• C.flI .rW++tFand irel sqv Urgnbstrt a1 kiown hd�ifr.: Lc.. 7R x.t tt.u(r . tw �.a -.imzr' i •.:.' 1. 9'4-fCli�r""77* .5 _ 4••e4..1LJ 1 ./:' yl,tr :f13r-EltSw�-�(l I^ . o. • Gn 1•i.:: 'x , l .JFK 4.. ':1 res 6n-}sFi sur U 2 10^1 Recordo��>�..>tc., .___.,-- �--JUN 4?Lr � Receptio a ix .1_,V it i�7� 4iz' ___.... 'rH.: ]1f .1•:1). Made this 10th day of .June ,1981 , between ALEX C. UROUHART alk. / a A. C. UROU} tAPT and VELMA A. URCk'PART a/k/a VE1 TTA URQUF SART atm 1216 t •if the County of Mesa and State of Colorado, of the first part, and SR= ERYC`I.LDSON as to an undivided 4 - one -third interest and K F. K DF VFLOP'• `ENT C(%PA:'1' as to an undivided two-thirds interest L__ of 1831 Railroad, Rifle, of the County of Garfield and State of Colorado, of the second part: WITNESSETH, That the said part les of the first part. fur and in con: ideration of the =urn of TEN and other good and valuable consideration • mi342 DOLLARS. the Said part les of the first part in hand paid by the ,oiel par ies • f tht _,.• mi bort. t' receipt «hereof is :ercby confessed. and acknowledged, haVa granted, bargainers, >'.'l at.d 'one.; ed. and iy ise Frt'-ent: d grant, 'bargain. sell, convey and confirm, unto the said parties of the rind ,•a t 1.,•ir: and a signs forever, all the following described lot o " t 11''t'' r :anal. .t .a e. lying and l ' g in the County of Garfield and State of Colort.do, to wit: A parcel of land situated in the Southwest One -Quarter of the Northeast One -Quarter (SW14NE.'4) of Section 11, Township 6 South, Range E3 West of the Sixth Principal Meridian, more particularly descrihed as follows: R`.•ginning at the East Quarter Corner of said Section 11; a sand- stone found in place; thence North 89°43'19 Kest 2635.27 feet along the southerly line of the Northeast One -Quarter of Section 11 to the True Point of Beginning; thence North 00027'51" Fast 13;'7.81 ft:t along the westerly line of the Southwest One -Quarter of the Northeast One -Quarter (SK' -;NE's) of Section 11; thence South 89 47'l5" Fast 1045.29 feet along the northerly line of the South- west One -Quarter of the Northeast One -Quarter (S104NF1a) of Section 11; thence South 00°21'4:3" Kest 1319.00 feet and parallel to the easterly line of the Southwest One -Quarter of the Northeast One - Quarter (SiC1.,NE1.0 of Section 11; thence North 89°43'19" Kest 1047.64 feet along the southerly line of the Southwest One -Quarter of the Northeast One -Quarter (SY:;NF's) of Section 11 to the True roirt nt regirning. Tohether v-ith feur shares of the Grand sliver Ditch ru reristered with the State Division t•f Water Resources 'oder nermit 17t'F•'+ its t', e s;c'e is in place and ir, use together w'_ th an casement for r-aintenance and conveyance of water from the same over and across adjacent properties of the first parties. .- - - » M,.twr:rr4u*et 444 sw macer TOI.ET'I'" It with all and singular ti r . ereditament- :: ild aprur;:nances thereto belorg'ng, or in anywise •tnpertain, g. and the reversion and rever.'e z... remainder and remainders. rents, issues and profits thereof; and all .state, right, title, interest, claim and deni.+nd whatsoete- the '_tirl part ies of the first part, either in law equity, ..f, in and to the above Lareained premises, with '.i l;;;tmcnL: and app" tel.anCes. No. 16.5. w .! RH %N. i S IH r Ph.,tuurnphli Re,ord. Rrndf ' 11 bbl 'ping Cu.. IF.4-4,; Stout .str..,1.'. nre t'ul •r:. i TO HAVE .AND CO HOLD the said premises above'.. gained and described, with the appurtenances, unto the said part ies of the second part, the i.rbeirs and assigns forever. And the said part ies of the first part, for EhefIlt set yes /*eirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part,the'. r heirs r.nd assigns, that at the time of the ensealing and delivery of these presents well seized of 'he premises above conveyed. as of good, sr -e, perfect, absolute and indefeasible ertate of inheritance, in law, in fee simple, and have good right, full po er and lawful authority to grant, bargain. sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants. bargains, sales, liens, taxes. assessments ar.d encumbrances of whatever kind of n. tore soever. Subject to the 1981 eeneral property taxes, patent reservations of record, easerencb for ditches and utirities of record or in place and in use and mineral leases of record and easement and right-of-way for County Road '2l in so fa: as the same tray affect the subject property, and existing ronthly rrbile hare tenancy, and the above bargained premises in the quiet and peaceable possession of the said partieS of the second part. their heirs and assigns agairst all and ever: person or persona lawfully ciaiming or to claim the whole or ,ey part thereof. the said part ies of the first part shall and will W :.RANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ifs of the first tart ha VC hereunto set Lf1ei rhands and sealS ,he day and year first above writti n. Signed, sealed and Delivered in the Presence of �/�l�f�<< : v� [SEAL] A�ei� Lfrc+uF+ t , ala tt . C . T ;-t,u�art i• [SEAL] Velma A. Urouhart , a'.:a Voir ,. I rouhart .._1SEAL] STATE OF COLORADO, County of ' ,The l! g in.,trumcnt was acknowledged Vsl • l4f4, � C. Urauhart , aka A. ofcia. ilon expires NRr •• -0—o--c• ' O F CO‘" 4.9014101111‘ COMMONWEALTH PROPERTY TITLE CO. 25 A,pen St. Box .352 Rifle, Colorado 81650 beton. me this day of - C. Urquhart ane \Tetra P. Ureuhrrt , ;. a Vel* -n l rruhr'r 19"` . WitneDs my hand and official seal. ,..h. L......._ cr amK 575 re,c 748 STATE OF COLORADO Recorded ct County of Garfield 316453 MILDRED ALSDORF, RECORDER P.ecelrtian No. At a regular meeting of the Board of County Commissioners for Garfield County, Coorado, held at the Court House in Glenwood Springs on Diarld.ay.... the ... .2.911a y 01 3i1F16A. D. 19.81 there were present: Larry Velasquez Flaven J. Cerise Eugene "Jim" Drinkhouse Arthur A. Abplanalp, Jr. Cheryl J. Koss, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-198 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ALEX C. UROUHART. WHEREAS, Alex C. Urquhart has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 92 acre tract described as follows: That parcel of land as described in Document No. 192730 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 31.7, 20, and remaining 40 acres each, more or less, which proposed divided tracts are more particularly described as follows: r of Tract A: A parcel toffland Scion11,Township6South,Range93West ofthe dtain the otOaeer6thast One -Quarter (SW,.NE4) o P.M., more particularly described as follows: Beginning at the East Quarter Corner of said Section 11; a sandstone found in place; thence North 89°43'19" West 2635.27 feet along the southerly line of the Northeast One -Quarter of Section 11 to the true • int of beginning; thence North 00°27'51" East 1317.81 feet along the westerly line of the Southwest One-Ouarter of the North- east One -Quarter (SWtNEt) of Section 11; thence South 89°47'15" East 1045.29 feet along the northerly line of the Southwest One -Quarter of the Northeast One -Quarter (SW4NE1/4) of Section 11; thence 00°21'43" West 1319.00 feet and parallel to tti.te easterly line of the Southwest One -Quarter of the Northeast One -Quarter (SW1/4NE1/4) of Section 11; thence North 89°43'19" West 1047.64 feet along the southerly nlline of the Southwest One -Quarter of the Northeast One -Quarter (SWLNE;) of to the true point of beginning. Tract B: The Nz of SWLNWo, Section 11, Township 6 South, Range 93 West of the 6th Principal Meridian. The SZ of SE1/4NW1/4 and the Ish of the NE1/4SW1/4, Section 11, Township 6 South, Range 93 West of the 6th Principal Meridian; and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the impact created does not warrant further subdivision review, and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of loc- ating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the subdivision regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; Commissioner Chairman Commissioner Commissioner County Attorney Clerk of the Board Plal;mp Jo A1u o3 C' te Si' "0' w nig P anp. a ti - pi rt rirn rot r Oa 01 v �03 0 r+ �w wo rt En tl < nartr+� as ° Z M a n Era N r art 0 ,:'' m -i ` SS Srt * e w i a - O rtw b rS i. Pt 8 xr*1rt I- rt n '\ M rA < ; w r N0 K M C m O r rt n(D O D ri rt S r rt (D S O ? 0 w w (D tCI mb nv w O tri-, w w n^ a S° Jra a b r°,o m CD PI rt o CIO n ° 0�t !+o0 a v' w r G S a rt (D w< ra m w rt (9 H( 4 ww<a. anyro7+p•<< n n aO F• 7. co W b a wS(a a a n r+ w D n r ;1 Srt rt C a° ti nNn p 0 C 0 O a a < O a r' p rt r (D • (j h M fD F•• ft h N d G waw rt n M w O ri n w n w a Pi m y a C w M w (D rtn to M+• a M rt 0 ft) w a r. rt M. w n S art rt •< < CasXMn ort 0. * fD N. w W rM rt 8 0 n rt rt 6 7 F+• a w rt 0 w 0 pww S �rt w 7 M <a(D I -, (D 0 X Mwrag 0. w anr xrt D Da a' Qp r wrtOQG w rt , c, 78 C/1 rt m^ tD n rwwDy(D~GarH rIwrt rmDn r a np a rt 9 i oM a 9 9 c.O nt [1)0 0 On £ n zrw nyar+rmawa(DGN . ti w w. rt n? rD P -, an C Sri a aro rw oE rto 'C(a M „ m - oo (D at-, D E M0 n µ (D r, 9 a ri DI fb M C' rt w n ga.rt O w 0 6b 30n4 SGS NCOQ • r d to%A 3 ert535 .1;; Sr, .111. N ARRA %T1• next) Short Porn., at* k 4 Putt..k.or. ^ INr. M al.wl, anwl Ib... .,...hod AT. MI n - Ir re THIS 1)M:K11, %Ind,•thot 15th dry of October ,I»81 ,Iw•IwrT•II ALEX C. URQUH .RT and VELMA UR QUHARP of th. t ionl) o! Mesa mot St ate of Colorado, of the 'trot part, and KESTREL 1V, a general partnership w'hnpc h•rMI n i*t'i -0. P.O. BOK 1346, Glenwood Springs, Colorado 81602 ,Ithr Counts of Garfield x114 SI nue o(1'otni ado, of the wrond port: N'ITN FSS rm. l'lu.t1hr.gld;tart len 011,olio.; pa rt. tot and inrvmaider.rtoo ofth.. ounsof 1 Ten Dollars and other good and valuable consideration w.+«c.�+t«, to 1)1.' paid p,u I ie. of Ihr fir.t pat' t in hand pool I. the ou of pati y of l hr ru,•ond part, Ihr rrregrt IIwhrrrof to h.rrhy' nnlfr..r11 and Mcknowirdrrd, hap ti itt •.1, borgaltle.i, «old and rotinry.ii, mill by Ihr or pro.«IIT■ do goon;. ha,gaul, .ull,.•000,. Mw MOS fn'MI. anti t 1L• paid part y lift hr .«rand part. its holo. and ampul. (on•\rr, nil the following dearrdtd lot e,1 prrrrl of land, nit tato. lying and bring aO i th Ow 1'ng114 of Garfield and Stair of Colo, ado. to wit See Eldlibit "A" attached hereto and incorporated herein by this refer'Rnoe. rlao known "..hoot and nomirr T*K.ETHEN wilh all aril .Ingo)"r thy herrdtl"nwnla and appurtrnanrrn thrrruntl. LMlun,ing, of In 1.n) solar apih•rt atoms, and t hr r.•rrrolon and ors el uo,la, rvmrindrr nod Ir mMboner., runt... 1..or., and profito thrrror. rid .11 the estate,, right, nitrrr.l, claim and demand what our s ei or the, KIWI part isms of 1 h.• giro; part, rubor nt law or ,gaily, of. in and to lh,• *boor hargalnrd prommo..., with the, hrreditonrnta owl ap{orrwrn"nrro TIt HAVI AND TO HOLD lhr pond pretnura shoo, hrrgrinpd Mid de.i, r* rd, with 1 hr ■nnul'Iroatit , Indo Ilir arid port Y .d;hr.Yr 1 part. iia hr too.11.1 gn.lorrrrt Alid the,pondpal l iee ort he Re,..t parr, lot them .'ores, their hrlrp, 1.+I Mrulora, Nnd"dnonuUalol'.. do rovunrnt. ark tit bargain 411,1 Mgl'YI• Ir Mnd w'Ith 11,.. Na ld p111'1 y ..f1lo' ,mond ;a/rt, its Ilt`trp and M., ..goo, hat M1 Ills tint.' of l her moral me NI,II doll\'PI') .if 111.'... p,Wa.•ri1N `hel mire . ,.i'd nI 111, 111.11•11111Ial $11,0%'• N. mf wood, tom,. Irl'lprt Mt..ul{{ulr Mild ;Indo lutist, lilt Mol lot,' ill I IIhpi', 1um..., Itt IMw, III fol alltllle, and ha gtoal 416111, Inti Iowrr *MI I14w(111 ,11) hurl; y to grant. 11/4/11141 11. n,ll ulld roil. 1.y 11.. pant, Iii Metlfler and fol' 111 an .torr..l.1, and that 111.' •i11,M i.,.' (ger Mild 1'lt"r I'roni all f11r111r1 and 01hrl gi.,i*., hut 'gllltot , noir., It'll., taws, MNw„n.111Mllta and *neon hlnhrr. Id wh1414.14.r kind or oat toot .,r\rr, Rubjeat to the reservations Rat forth on Exhibit "A" attached hereto and incorporated herein by this reference. and Ihr Mhov,• hMriNuwd 111•4•1111144.0 he gln.•1 Mnd pracr"blr IM.. ar..a.0 of 1 hr .lug 11411 y 011 lir M•r.`nd hart, its holt. and motto/too agMlm.l .11 MI1dr1.•1 )' Ir, pun u1 Iso null. low toll) t'Inllatllg,,r 1..flout, lilt. *holt' orae) pa, llhrrrot,11.•*owl put id id1kwfowl part whm11rndwiltWANNA NTANI*Pt)1i1.: :N1/1.:14Ni• IS WITNESS N HINY.OY. 1'11.• .,std pa, t jos or in (rpt pal t ha C. w b hitt 111*...t* thslx hal.d a and pini a the .110 1111.1)M411 foto, ob. \e wrf11YI1 Jule%(/ UrgUhart SIgnrd. Wolyd lull 14.1141.1 rd 111 1110 iI r.,•, ire of Velma Ur t. t.. ,,. ,, 0..4 .c.a. ,. INP:A1.1 • EXHIBIT "A" t parcel of land situated in the Swy of Section 11, Township 6 South, Range 93 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at. the West Quarter Corner of said Section 111 an axle found in place; thence 8.'19°43'19"E. 1321.19 feet to the True Point of Beginning; thence S. 00.14'26"W. 1086.51 feet along a fence as constructed and in place; thence 5.00°04'28"W. 235.44 feet along a fence as constructed and in place to • fence corner; thence S.89°43'38" E. 308.77 feet along a fence as constructed and in place to the northerly right-of-way line of U.S. Highway 06 and 24; thence N.63° 30'50"E. 904.14 feet along the northerly right-ot-way line of said Highway, thence leaving said right-of-way line N.00°00'00"E. 278.93 feet; thence N.90'00'00"E. 210.00 Leet, to the easterly line of the SA of said Section 11; thence N.00°27'51"E. 634.83 feet along said easterly line to the Northeast Corner of the SW1 of said Section 11; thence N.89" 43'19"W. 1328.30 feet along the northerly line of said SWy to the True Point of Beginning. The above described parcel is conveyed subject to: 1. U.S. Patent reservations as recorded in Book 12 at Page 545 of the Garfield County Records; 2. Oil and Gas Lease as recorded in Bock 514 at Page 753 of the Garfield County records; 3. Easements and Rights of Way granted to Colorado Ute Electric Association, Inc., as recorded in Book 489 at Page 101 and Book 355 at Page 568 of the Garfield County records: 4. An easement and right of way for the Grand River ditch; 5. General property taxes of a current nature; and 6. Governmental laws, ordinances and regulations. Together with all water and water rights, ditch and ditch rights appurtenant to the above described parcel including without limitation, four (4) shares of the Grand River Ditch, all of which rights are conveyed without warranty of title, Together with an easement and right of way for access and utility purposes subject to the reservations set forth above and described as follows: A parcel of land situated in the NW} of Section 11, .'ownship 6 South, Range 93 West of the Sixth Principal Merid:an, Garfield County, Colorado, more particularly described as follows: Beginning at the West Quarter Corner of said Section 11; thence 8.89'43'19"E. 649.93 feet to the True Point of Beg- inning, said point situated on the easterly right-of-way Tine of County Road 0210; thence continuing along the southerly line of the NWS of said Section 11, 5.89°43'.9"E. 1999.56 feet to the Southeast Corner of the NWS of said Section 111 thence along the easterly line of the NWy of said Section 11: N.00°27'51"E. 60.00 feet; thence parallel to the southerly line of said Nigh, N.89°43'19"W. 1945.69 feet to the easterly right-of-way line of County Road 0210; thence S.42°18'21"W. 80.77 feet along said easterly line to the True Point of Beginning. 'together with the following described parcel which is conveyed without warrantees of title: • 0111 .. tS MAWS A parcel of land situated in the 6W4 of Section 11, Township 6 South, Range 93 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at the West Quarter Corner of said Section 11; thence S.76.14'15"E. 2722.48 feet, to a point on the easterly line of the ON of said Section 11, the True Point of Beginniag: thence leaving the easterly line of said1, S.96'00'00 W. 210.00 feet; thence S.00°00'00"W. 278.93 feet to a point on the northerly right-of-way line of U.S. Highway 6 & 24; thence N.63°30'50"E. 21.68 feet along said northerly right- of-way line; thence leaving said northerly right-of-way line and along a fence as constructed and in place N.01° 07'00'E. 167.84 feet; thence along a fence as constructed and in place N.62°24'20"E. 211.33 feet to the easterly line of the SW4 of said Section 11; thence N.00°27'51"E. 3.56 feet along said easterly lino to the T' -»e Point of Beginning. • 35 Cf. o 5 v const C. Ut fore% succi; Urqut rent, b. w to tt as le 1978, cover :,TATE UN pleb. seas, We D der of It / . u 84 , MING STAMP bee!ees Eastview Park by Ken Lotman. General Partner; Scott B ildson; K & K Development Company by Ken Lei General Partner; and Kan Wean erne CQwI* . Garfield and State et Cosesie.orsigeenlitlerceee ALEX C. URQUkiART and VELMA URQUHART , Jo to t Tenants with Right of Survivorship aftMe County of Mesa •md sat. at ° ereM.MMrMeadpart- wBNN/eH, That tie said part ielief the fist part, for and tm sgnatderat on of the sum of 7U DOLLARS AND ALL OTHER GOOD AND VALUABLE CONSIDERATION M Mia acid part lee .f th. first part ie Aad paid by the Bald parties of the wend part, the receipt whonef M Wars* elegr000d gad eggewleilaml. ha VII ,rented. batpia.d. sold and esnrgd, and by thew prawns s de OWN. boggle. Ms, away ed warm ante the said parties of the woad part, than, heirs and wiling foresee, Win tawsasy ir s.weren but to }gest twaaey, as the idbwime es.nibsd lot or par gl of land. situate, Mims awe hemp hi ;no Ogaey. Garfield and &tat. M Colorado, to wit; That real property described on Exhibit A attached hereto and incorporated herein by this reference. TToog�ether with .sly and all water rights appurtenant, including, but nal by way of litnitatian,four shares of the capital stock of the Cried River Ditch Company; Eastview Park Wells No. 1, No. 2, No. 3, end No. 4, Eastview Park Storape Reservoir and any and all water rights adjudicated to applicants in the District Court in and for Water Div sion No. 5, State of Colorado, Application No. 81CW424; sod Liter Well and Pump Installation Contractors Well, Perwit No. 17964. S*j ct to the 1984 general property taxes, ditch assessments, patent reservations, and the rights of way for County head 221. This pil dead is given in lieu of foreclosure of a mortgage deed records inallems i is ia%a and apealtswa rias, tiwwate Mbnslae, or in anywles appertaining wt4LN0 tetasalwe mei rr usNiM, nwheeer aha MesMsd -1. Mate, Woes sad profits thereof; and all the MINS, dela. Ws. Wiwi. dig asci 4Memgsd whatsoever, Mier said part of the hast part, either is Iaw or .pair. of, m sad M tip abe►ebee ggeed psaaks., with the Mlgibar—me sod gplpaw,Mwi To Have and To Hold the said premises above Higiffliglitilligragleigkaillitheappistegegeoa.asto Alax C. Urquhart and Velma Urquhart, Je&*t ?caapi• with Right of Survivorship the oddpart iea et the swndpart. Mel await f � 11t, i,lifft t ' 1 , kleak, l �I li VIM 7 iT res tthe sad 4i , de aeseesel, area, k.smiael fin be Soil with the said part iea of the awed part, their 1liege and Oftiattia. Oa nbPee htweNeed paeeiMs In Me SIMM Mg paassi le pnneeka of tie said tet ip .< the 1 *POW wt. their Win sea eishillek WOW ell sad weep panty at p•reaee.Swtek ,tagging ores Aids the whole M 1 dwy) tMrstawf,hy,Mgweph.,glow thsaaNp.et tee Mier lint owl toMargot as/ rower DOW al ix the 44ot Quarter Cameo e[ sail Madan 11; a same - +t Witt is pieta Owes* North SS4V1s Mat 4434.27 foot aims trie xeissiteely age e* the Seethes** Ori-4wt'1s► et leftism 11 to the 100 Paii0A nL ilargtr+siev these, Werth S0e27'11" last 1117.01 bet Ares the westerly Um. of VI,. Sorthweet Omeleartor el this $ t* *raxt Car- et Vii) .t Seethe 11; thaw Mini Me 47',‘" tat 144,320 tweet *Wee the aorch.rlr limo a[ Om South- west eve -Quarter of the ReliWe ►tt OneAtorter (SOON et *miss 7i tholual Scats 011021,0" Seas lift.al foot eai parallel to the elviterky Una of t 5 $000west emo-Smmttsr et the Nordiest Oma Klee 0 4iwtlsn 11: themes Oarth SlOw44 1!" MMt 144,,e4 ; \ the soothort, lima of the Southwest Olra4rerter et the mortar (Mtn) of Settles 11 to the 111m Js rel fed ale. la Patt48110 AL$DCRf. RINORIMIN 43Al[?IwLD COUNTY. COLORADO Ni 1. MM A A MI A*. trA OVICO - Siam reeve. - N,. 4 ruM,.u„wt rs. 7'i11F 11! r D, Mair this 2a tt oftI,, wog 663 day of JI )61IVY ,IP 85, between KESTREL IV, a general partnership Yount) of Garfield Nnd State 1,l l'oluraA,,, of the first part, and ALEX C. URQUHART and VELMA URQUHART FE O who., legnl o.hlr•+, TM 2853 Picardy Drive, Grand Junction, Colorado, 81501 �j .dl he 1'u'1nlynl Mesa end Slate ofl'olorado,oftheaueondpert: s ("' , KITS F:t015:1'U,Thai tlrsaid pNlt yotthefirst part , for 0ndinronndrration ofthe sum of IK)LLARN. 1, Ibe said pro l y of the tie+t part m hand pard h} the . ud tort leg of the 01111• 1 part, the receipt whereof is h.aehy roote..ed and ...know hetped, hag NI Int• •1. bargained, saki and convoyed. and by these prrsrnts do se grant. harpoon, sell, runvr} anal outfit rel, un:.l the said part iy of the second part, their haws and a..ipn. forever, all the following deecAtied Int or panel of land, situate, lying and being in the 1%1,1111y of Garfield and State 1,t C.lerulo, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS RP:FERENCF. shoo known as .11 .et mitt numM•r TOGETHER with all and •angular the hereditament,. and appurtenances 11u•rrunto belonging. ur in any wise appertaining, mnd the reivei stun arid rel rrnona, rwmuindrr mid n'n1a1TdQ's, rents, immure and profits thereof; and ail the estate, right, interest, Omni o ,,I demand whatsoever of the said part y of the first part, rural in law or equity. of, in and to 11,. above bargained mantises, M'111, Ilse het edit 'intents and *ppm lellan.•e. T1) NAVE 1X11 TO SOLO the *roil premises olio%, bMrtat mrd and descried, with the appurtenances unto the said part lee ..f the arr..nd pull, the r he irea and asalgil. f.rrevel'. And the raid part y of I hr first part, hit ie..'I f heli.,,'krct.lors,andadn.intot rotor.,du ep :uvertent, grant. bargain and agree t., and with Ihr .rid part tai albs. second part, their hen's and assigns, that at the time of l he..nitrating and dolt,rry of thew. present. it de well wised of the premises above eonveyed, as of 0,0111, sure, tel fret, alumna.. and Indrf,a.tble .'date of inheritance, in law. in fee i.1,* p1, and Its goad right, full {towel and lawf,, I gut burly to grantbargain, sell 1111111'111%' My t tube same In manna'. and form as afore.eld, and that %lir dente are we and clear 1,,.m all former and other grant*, bargains, salsa, liens. lakes, aaaraam.,nts and oncittwitrotto,nlwhole%riMimiurnalursa.evlr.a except those sot forth in Exhibit "A" attached heretn and incorporated herein by this reference. Mid t h.' ahm'r barpa.nrrl p.em 110•11 m11111, quirt and ;,1'arrrlble lira wnon of the .aid part tea .d the second part, their 8..r. tool 00.101,.. Mgsru at all and 1'%rry person or persons lawfully Haunting or to clam 1 he whole 11 N111 part Oil trot the said pawl y uflha, first part shell and will kA ST AKII loORE\'EIt DEFEND. INN'ITNEfU4V.HINKfM',VIP said pat t v of the first part heg hereunto met its KESTR1.jv hand 14 1141 ".•m1 1 he day 11 MI year first above written. it alined, $000r"1 sial 18lrvrrvd mi the Presto•* 1,1 el parinereh4pAALI by: �—� ✓ isAAL1 1 Jti.,.vy�,J� .r� IriF:AI.I • • BINTAIT "A" 6404 MU p,Q714 A parcel of land situated in the SWk of Section 11, Township 6 South, Range 93 Wert of the Sixth Principal Meridian, Garfield County, Colorado, sore particularly described as follows! Beginning at the West Quarter Corner of said Section II; an axle found in place; thence S. 89'43'19" E. 1321.19 feet to the True Point of Si innin ; thence S. 00'14'26" W. 7086.51 feet along a fence an constructed and in place; thence S. 00°04'28" W. 235.44 feet along a fence as constructed and in place to • fence corner' thence S. 89'43'38" P. 308.77 feet along a cane as constructed and in place to the northerly right of way line of U.S. Highway 46 and 24; thence N. 63'30'50" E. 904.14 feet along the northerly right of way line of said Highway. thence leaving said right of way line N. 00•00'0Q" A. 278.93 feet; thence N. 90'00'00" E. 210.00 feet, to the easterly line of the SWk of said Section II; thence N. 00'77'51" E. 634.83 lest along said easterly line to the Northeast Corner of the SWk of said Section 11; thence N. 89'43'19" w. 1328.30 feet *ions the northerly line of said SWk to the True Point of Beginning. UCLUDING that certain parcel described as follows: A parcel of land situated in the n!k3W'x of Section 11, Township 6 South, Range 93 West of the Sixth Principal Meridian, County of Cerfisld, State of Colorado; said parcel being wore particularly described as follows: Commencing at the center of Section 11, a tither and cap 1n place; thence N. 89'43'19" W. along the northerly line of said NEkSW1/4 969.20 feet to a point on the gaaterly bank of a ditch as constructed and in place, the True Point of Beginning; thence leaving said northerly line the fnllowingT rteen (14) courses along said Easterly bank! 1. S. 60°59'06" W. 5.27 feet; 2. S. 89'36'35" W. 101.20 feet; 3. S. 51°03'56" W. 25.84 feet; 4. S. 00'20'42" E. 345.98 feet; 5. Along the arc of • curve to the right hnvina a radius of 56.04 feet and a central angle of 66'20'57", a distance of 64.89 feet (chord bears 8. 32'49'44" W. 61.33 feet); 6. S. 66'00'11" W. 47.64 feet; 7. S. 62°08'13" W. 113.50 feet; 8. t. 49'02'55" W. 12.65 feet; 9. S. 21.36'59" W. 12.65 feet; 10. S. 00.27'17"W. 247.80 feet; 11. S. 08'22'29" W. 46.49 feet; 12. S. 01'53'56" E. 203.57 feet; 13. S. 27'18'38" W. 40.22 feet; 14. S. 45'50'51" W. 39.02 feet to a point on the westerly line of said N4k4Wi; thence N. 00'14'26" R. along said westerly line 1071.37 feet to the Northwest Corner of said NEkSW►; thence 8. 89"43'19" E. along the northerly line of said WOW( 359.11 feet to the True Point of Beginning; said pascal contatninn 1.04 acres, more or leas. The above described parcel 1s conveyed sublect to! 1. U.S. Patent reservations as recorded In Rook 12 at Page 545 of the Garfield County lacord.; 2. 011 and Gas Lease ss recorded to Book 514 at Page 753 of the Garfield County record.; 1. Easseent• and Rights of Way granted to Colorado Pt. Electric Association, Inc. as recorded to Book 4R9 at Page 101 and gook 355 it Page 568 of the Garfield County records; 4. An easement and rigst of way for the Grand River Ditch; S. General property taxes of a current nature; and 6. Governmental laws. ordinencea and regulation". • tool SIB WPM Together with all water and rater rights, ditch and ditch eights appurtenant to the above described parcel including, without limitation, four (41 shares of the Grand River Ditch, all of which rights are conveyed without warranty of title; Together with an easement and right of way for access and utility purposes subject to the reservations set forth above and described as follows: A parcel of land situated in the NW4 of Section 11, Townahip 6 South, Range 93 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at the West Quarto[ Corner of said Section 11; thence S. 89'43'19" P. 649.93 feet to the True Point of Beginning, sail point situated on the easterly right of way line of County Road 9210; thence continuing along the southerly line of the NW4 of said Section 11, 8. 89'43'19" F. 1099.51, feet to the Southeast Corner of the NW4 of said Section 11; thence along the easterly line of the NWk of said Section 11: N. 00'27'51" E. 60.00 feet; thence parallel to the southerly line of said NWS. N. 89'43'19" W. 1945.69 feet to the easterly right of way line of County Road 9210; thence 1. 42'18°21" W. 80.77 feet along said easterly line to the True Point of Beginning:. Together with the fol'ow1nR described parcel which is conveyed without werranti*. of title: A parcel of land situated in the SWI of Section 11, Township 6 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly 'ascribed so follows: Beginning e. the Most Quarter Corner of said Section 11; thence S. 76'14'15" ... 2722.48 feat. to a point on the easterly line of the Slit: of sail Se .Aon 11, the True Point of B• innint: thence leaving the easterly 1'- c Paid 814, S. 90'00'00".10. 710.00 feet; thence S. 00'00'00" W. 2 .9" feet to a point on the northerly right of way line of U.S. Highway 6 6 :fir thence N. 63'30'50" 8. 21.68 feet along said northerly right of way 1 is; thence leaving said northerly right of way lino and along a fence as eristructed and in place N. 01'07'00" E. 167.84 fest; thine, along a fence u,. constructed and in place N. 62'24'70" E. '+11.33 feat to the easterly 1L : of the SSA; of said Section 11; thence N. 00'27'51" E. 3.56 feet along sal: easterly line to the True Point of Beginning. ,, Viii 1 IJ ,, i h SOIL CHARACTERISTICS Depth to bedrock Texture Surface Subsoil Substratum Unified Classification Permeability Percent coarse fragments (greater than 3 inches) Salinity (EC>:10 F' 25°C) pH (surface) Shrink -swell Potential Potential frost -action (surface) Flood Hazard Hydrologic Grc,up Corrosivety Steel (uncoated) Concrete : More than 60 inches : Clay loam : Silty clay loam : Silty clay loam : CL, CH : Slow : 0 111,�1i Low None High Low DEGREE & KIND OF LIMITATIONS • •.(0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill Trench Area Shallow Excavations Dwellings w/basements w/O basements Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Roadfill Sand Gravel Topsoil : S Peres slowly S Slope Too Clayey : M Slope, S Too clayey : S Shrink -swell, low strength : S Shrink -swell, low strength S Shrink -swell, low strength : Poor Too clayey Poor Shrink -swell, low strerij�th Unsuited Excess fines Unsuited Excess fines : Poor Too clayey 38D-Heldt clay loam,, 6 to 12 percent slopes. This due, wen. drained, fan:: :r.icd valley sideslopes. It formed in finer textured alluvia] sedicment_, from shale and sandstone. Elevation r•L ti;i from �,u..)) to e,000 rect. The average annual precipitation is about 114 inches, the averts,:e annual air temperature is about 148 degrees F., and the averacce frost -free period is about 120 days. Typically, the surface layer is grayish brown light clay loam about 8 inches thick. The subsoil is 1 iht trowishgray clay 1 oaw about 13 inches thick. The substratum is 1i.ht x-ray clay that extends to a *depth of more than 60 inches. Included with this soil iri mapping are small areas of Olney, Arvada, and Kim soils on slopes of 6 to 12 pc:!vent. These soils make U.1) uIJutlt ., Lu Ilr Jit•rctrrrl, 01• I•In Ilrll L. Permeability of the Heldt soil is vary slow. Effective rooting depth is 60 inches or more. Available water capacity is high. Surface runoff is medium and the erosion hazard is moderate. This soil is used for i rri.gated hayland and livestock grazing with some small areas in irrigated cropland. Alfalfa, small grains, and grass or grass -legume mixtures are grown. Green manure crops and applications of commercial fertilizer a.r•t: jencrally needed to maintain or in,1Jvivc.: t,i i 1.!, and 1,•r•i.i I i t,.;'. (n)dirt,; i:. Lint In t.! ,cJ i rr-r'i;.11.1 di uil.:lil.• r . 38L-Heldt clay loam Intake rate is very slaw; and wide, deep c aJ!ks develop when the soil dries. Irrigatiorn and tillage practices muA be carefully planned to allow for soil conditions. The native vegetation on this soil is mainly western wheatgrass, junegrass, big sagebrush, and low rabbi tbrush. When the range condition deteriorates, fortis and woody shrubs increase. W}!un the: range is in out c c i i,i i t i „':, uude:. i !•.ibl e w: (.ds and annual plants are numerous. Proper grazing management maintains and improves range condition. Reduction in brush improves deteriorated range sites. Seeding is a good practice when the range is in poor condition. Suitable plants for seeding are western wheatgrass, stream - bark wheatgrass, and crested wheatgrass. For successful seedirgs, a good practice is to prepare a seedbed and drill the seed. Wildlife this soil for habitat include ,,c,ttontail rabbit, .:yuii•r'e.1, mou!•!!inc: (how, .unl This soil }'!a.:; pot,_•t!tir:l fur ,:,nnwu!ii L,y r:.!i,i r,•(:r,•;itional The main limitations for l.ht-::i• u:-: s art: .: J uw in: !•un.ahJ 1 ity, h, i L'•li clay content, and shrink -swell. Dwellings and roads can be designed to compensate for the low strength th ;:!,d shr•.i „J:-:;wel ] properties of this soil. The use of septic tank ;:b:;ur•pt i on field i:, severely limited because of very slow permeability. Community sewage disposal systems are needed if population density .incr_ C :=l, i . ty subcl a::s J ire. • MAI, t) i t No._ ',tit: • • SOIL CHAItACTE3t] S'I ] Cf; Depth to bedrock . Moro th:LJ( (1) i delle• Texture Surface : Loam Subsoil : Loam Substratum . Loam Unified Classification : ML Permeability : Moderate Percent coarse fragments : 0-5 (greater that 3 inches) Salinity (ECx10 6 25°C) pH (surface) : 7.L -8J4 Shrink -swell Potential . Low Potential frost -action (: ur•face) Low 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 : 0 M Slope Sewage �-Igoons Sanitary landfill Trench Arcu 0 U Shallow Excavations : 0 Dwellings w/basements w/0 basements Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Roadfill Send Gravel Topsoil ?9 .... ..-, .-.... .... IT r 11 r. L' M Low strength M Low strength M Low strength Good Fair Low strength ted Ili1:iii i L �I 1;,,Oil iinm -rn nr ncyn In Pr Lr'P (1F nr)_RTTF INVESTTGATTON • • 50C -Kim loan, 3 to 6 peroent, :_,J op '... This deep, well drained, gently to sloping soil is on alluvial fans and benches. It formed in alluvium from shale and sandstone. Elevation ranges from 5,000 to 6,000 feet. The average annual precipitation is rd.uut 1" inches, the average annual air temperature is about 4b degrees F., and the average frost -free period is about 125 days. Typically, the surface layer is yellowish brown or li;;ht yellowish brown loam about 17 inches thick. The underlying material is li,;ht brownish gray loam that extend, to a depth of more than 60 inches. Some stratification with fine sandy loam may occur. Included with this soil in mapping are small areas of Arvada and Olney soils. These soils make up 5 to 15 percent of the mapping unit and have slopes of 3 to 6 percent. Permeability of the Kim soil is moderate. Effective rooting depth is 60 inches or more. Available water capacity .is high. Surface runoff is slow and the erosion hazard is moderate. This soil is used mainly for crop, hay, and pasture land. Alfalfa, small grains, and grass or grass -legume mixtures are grown. Irrigation is by flooding or furrows. Sprinklers are a good alternative method. Drop structures in ditches will facilitate water control and prevent excessive ditch erosion. T'ne native vegetation on this soil is mainly bluehunch wheatgrass, western wheatgrass, needleandthread, and big sa.-ebrush. • • 50C -Kim loam When the range condition deteriorates, fork-, and woody shrubs increase. When the range is in poor condition, undesirable weeds and annual plants are numerous. Wi1d11fc u: iiia; u -:iii;.; l.hi:: n„i I I„i I,:il i t. 1. iin lu,l coti.c•iii. it rabbit, ground squirrels, and pheasant. Potential for community development opme:rnt and ;i : :,c,uf•cc material is limited by low strength and frost -heave. Capability subclass IIIe; Nc dryland. s n RIFLE AREA, COLORADO Included with this soil in mapping are small areas of Olney, Arvada, and Kim soils that have slopes of 1 to 3 percent. These areas make up 5 to 10 percent of the map unit. Permeability is slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is slight. This soil is used for irrigated crops and hay (fig. 5). Alfalfa, small grains, some corn for silage, and grass or grass -legume mixtures are grown. Flooding is suitable for irrigating this soil. Intake rate is slow. Wide, deep cracks form when the soil dries. Irriga- tion rates and tillage practices should be carefully planned to overcome soil conditions. Green manure crops and commercial fertilizer are generally needed to maintain or improve tilth and fertility. The native vegetation on this soil was mainly wheat - grass, sagebrush, and rabbitbrush; however, all areas of this soil are now in irrigated crops. Cottontail rabbit, squirrel, mourning dove, and pheas- ant find habitat on this soil. Community development and recreation are limited by slow permeability, high clay content, and shrink -swell potential. Dwellings and roads can be designed to com- pensate for the low strength and shrink -swell potential. Septic tank absorption fields are severely limited by slow permeability. Community sewage disposal systems will be needed if population density increases. This soil is in capability subclasses Ille, irrigated, and IVc, nonirrigated. 29—Heldt clay loam, 3 to 6 percent slopes. This deep, well drained, gently sloping soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,000 feet. This soil formed in fine textured alluvium derived from shale and sandstone. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is grayish brown clay loam about 8 inches thick. The subsoil is light brownish gray clay loam about 13 inches thick. The substratum is light gray clay to a depth of 60 inches. Included with this soil in mapping are small areas of Olney, Arvada, and Kim soils that have slopes of 3 to 6 percent. These areas make up 5 to 10 percent of the map unit. - Permeability is slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. This soil is used for irrigated crops and hay. Some areas are used for grazing. Alfalfa, small grains, some corn for silage, and grass or grass -legume mixtures are grown. Flooding is suitable for irrigating this soil. Intake rate is slow. Wide, deep cracks form when the soil dries. Irriga- tion rates and tillage practices should be carefully planned to overcome limiting soil conditions. Green manure crops and commercial fertilizer are generally needed to maintain or improve tilth and fertility. The native vegetation on this soil is mainly wheat - grass, sagebrush, and low rabbitbrush; however, all areas of this soil are now in irrigated crops. Cottontail rabbit, squirrel, mourning dove, and pheas- ant finq habitat on this soil. Community development and recreation are limited by slow permeability, high clay content, and shrink -swell potential. Dwellings and roads can be designed to com- pensate for the low strength and shrink -swell potential. Septic tank absorption fields are severely limited by slow permeability. Community sewage disposal systems will be needed if population density increases. This soil is in capability subclasses Il le, irrigated, and IVc, nonirrigated. 30—Heldt clay loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on alluvial fans and sides of valleys. Elevation rang -- from 5,000 to 6,000 feet. This soil formed in fine textus alluvium derived from shale and sandstone. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is grayish brown clay loam about 8 inches thick. The subsoil is light brownish gray clay loam about 13 inches thick. The substratum is light gray clay to a depth of 60 inches. Included with this soil in mapping are small areas of Olney, Arvada, and Kim soils that have slopes of 6 to 12 percent. These areas make up about 5 to 10 percent of the map unit. Permeability is slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for irrigated hay (fig. 6) and grazing. Some small areas are in irrigated crops. Alfalfa. small grains, and grass or grass -legume mixtures are grown. Flooding is suitable for irrigating this soil. The intake rate is slow. Wide, deep cracks form when the soil dries. Irrigation and tillage practices should be carefully planned to overcome soil conditions and to control ero- sion. Erosion can be controlled by keeping the soil in hay or pasture for at least three-fourths of the time. Green manure crops and fertilizer are generally needy-' to maintain or improve tilth and fertility. The native vegetation on this soil is mainly wheat- grass, sagebrush, and rabbitbrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- i ..a9 ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition. Western wheatgrass, streambank wheatgrass, and crested wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, squirrel, mourning dove, and pheas- ant find habitat on this soil. Community development and recreation are limited by slope, slow permeability, high clay content, and shrink - swell potential. Dwellings and roads can be designed to compensate for the low strength and shrink -swell poten- tial. Septic tank absorption fields are severely limited by slow permeability. Community sewage disposal systems wilt be needed if population density increases. This soil is in capability subclass IVe, irrigated, and nonirrigated. 31—Heldt clay loam, 12 to 25 percent slopes. This deep, well drained, moderately steep to hilly soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,000 feet. This soil formed in fine textured alluvium derived from shale and sandstone. The average -inual precipitation is about 14 inches, the average _ ,mual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is grayish brown clay loam about 8 inches thick. The subsoil is Tight brownish gray clay loam about 13 inches thick. The substratum is light gray clay to a depth of 60 inches. Included with this soil in mapping are small areas of Olney, Arvada, and Kim soils that have slopes of 12 to 25 percent. These areas make up about 5 to 10 percent of the map unit. Permeability is slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for grazing and wildlife habitat. Small areas are used for grass hay or irrigated pasture. The • native vegetation on this soil is mainly wheat - grass, sagebrush, and rabbitbrush. When range condition deteriorates, forbs and woody shrubs increase. When the range is in poor condition, undesirable weeds and annual plants are numerous. Properly managing grazing maintains and improves range condition. Reducing brush improves the range. Seeding improves the range in the more gently sloping areas if it is in poor condition. Western wheatgrass, streambank wheatgrass, and crested wheatgrass are suitable for seeding. Preparing a seedbed and drilling the ied are good practices. �._ Cottontail rabbit, squirrel, mourning dove, and pheas- ant find habitat on this soil. Community development and.,recreation are limited by i slope, slow permeability, high clay content, and shrink- _ SOIL SURVEY swell potential. Dwellings and roads can be designed to compensate for the low strength and shrink -swell poten- tial. Septic tank absorption fields are severely limited by slow permeability. Community sewage disposal systems will be needed if population density increases. This soil is in capability subclass Vle, nonirrigated. 32—Holderness Variant clay loam, 6 to 25 percent slopes. This deep, well drained, moderately sloping to hilly soil is on alluvial fans and sides of valleys (fig. 7). Elevation ranges from 6,500 to 7,500 feet. This soil fcrmed in fine textured sediment derived from shale and sandstone. The average annual precipitation is about 17 inches, the average annual air temperature is about 43 degrees F, and the average frost -free period is about 95 days. Typically, the surface layer is grayish brown clay loam about 11 inches thick. The subsoil is grayish brown or light brownish gray clay about 41 inches thick. The sub- stratum is Tight brownish gray, calcareous clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Dollard and Tanna soils that have slopes of more than 25 percent. These areas make up about 5 to 10 percent of the map unit. Permeability is slow, and available water capacity is high. Effective rooting depth is 60 inches or more. Sur- face runoff is medium, and the erosion hazard is slight. This soil is used mainly for grazing. Some small areas are in irrigated pasture and hay. Flooding is the usual method of irrigation. This soil is easily compacted by machinery or livestock. It takes in water slowly. The native vegetation on this soil is mainly wheat - grass, needlegrass, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves the range. Re- ducing brush improves the range. Seeding improves range in poor condition. Western wheatgrass, pubescent wheatgrass, and big bluegrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Mule deer, cottontail rabbit, and gray squirrel find habi- tat on this soil. Use of this soil for community development and as a source of construction material is limited by high clay content, high shrink -swell potential, low strength, and steep slopes. Roads and dwellings need good drainage to reduce shrinking and swelling and soil slumping. This soil is in capability subclasses IVe, irrigated, and Vle, nonirrigated. 33—Ildefonso stony loam, 6 to 25 percent slopes. This deep, well drained, moderately sloping to hilly soil is on mesas, benches, and sides of valleys. Elevation • RIFLE AREA, COLORADO 66—Torriorthents-Camborthids-Rock outcrop com- plex, steep. This broadly defined unit consists of ex- posed sandstone and shale bedrock, loose stones, and soils that are shallow to deep over sandstone and shale bedrock and stony 'basaltic alluvium. This complex occurs throughout the survey area. The soils and out- crops are moderately steep to very steep. Slope ranges from 15 to 70 percent. Torriorthents make up about 45 percent of the 'com- plex, Camborthids make up 20 percent, and Rock out- crop makes up 15 percent. The Torriorthents are on foothills and mountainsides below Rock outcrop. Tile moderately steep Camborthids are on lower toe slopes and concave open areas on foothills and mountainsides. Torriorthents are shallow to moderately deep. They are generally clayey to loamy and contain variable amounts of gravel, cobbles, and stones. The surface is normally covered with stones weathered from the higher - lying Rock outcrop. South of the Colorado River, basaltic stones and cobbles are on the surface. Camborthids are shallow to deep. They are generally clayey to loamy and have slightly more clay in the sub- soil than in the surface layer. The surface layer is light colored. The profile is normally free of stones, but scat- tered basalt stones, cobbles, and sandstone fragments are on the surface. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Some areas are covered with basal- tic boulders and stones. Small areas of limestone out- crops and exposed gypsum are in the eastern part of the survey area. Included in mapping are small, isolated areas of Ilde- fonso, Lazear, Ansari, Begay, Heldt, and Dollard soils. These intermittent areas make up 10 to 20 percent of this map unit. This complex is used for grazing, wildlife habitat, and recreation. The stones on the surface and the steep slopes make this complex unsuitable for crops. Some areas can be reseeded to pasture by broadcast seeding. Other plant- ing methods are made difficult by the stones and slopes. The native vegetation includes wheatgrasses, blue - grasses, Indian ricegrass, needlegrasses, bitterbrush, mountainmahogany, sagebrush, and an overstory of pinyon and juniper. The value of grazing is fair. The vegetation should be managed to maintain wood production and limited graz- ing. Selectively thinning the pinyon and juniper improves grazing and provides firewood and posts. Steep slopes, moderate to severe erosion hazard, and slow regrowth of trees affect harvesting and management. Most of this complex is a prime wintering area for deer. Rabbits, coyote, and a few elk also find food and cover on this complex. Building is limited by steep slopes and stoniness. These limitations can be overcome by appropriate design and construction. This complex is in capability subclass Vile, nonirrigat- ed. 67—Torriorthents-Rock outcrop complex, steep. This broadly defined unit consists of exposed sandstone and shale bedrock and stony soils that are shallow to moderately deep over sandstone and shale and stony basaltic alluvium. Areas of this complex occur throughout the survey area. The soils and outcrops are moderately steep to very steep. Slope ranges from 15 to 70 percent. Torriorthents make up about 60 percent of this com- plex, and Rock outcrop makes up 25 percent. The Tor- riorthents are on foothills and mountainsides below the Rock outcrop. Torriorthents are generally clayey to loamy and con- tain variable amounts of gravel, cobbles, and stones. The surface is normally covered with stones weathered from the higher -lying Rock outcrop. South of the Colora- do River, stones and cobbles of basalt are on the sur- face. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Some areas are covered with basal- tic boulders and stones. Small areas of limestone out- crops and exposed gypsum are in the eastern part of the survey area. Included in mapping are small isolated areas of fonso, Lazear, Ansari, Gaynor, Tridell, and Nihill soils. These intermittent areas make up 10 to 15 percent of this map unit. This complex is used for limited grazing, wildlife habi- tat, and recreation. Because of the stones on the surface, the Rock out- crop, and the steep slope, this complex is unsuited to crops. The native vegetation includes wheatgrass, bluegrass, Indian ricegrass, needlegrass, bitterbrush, sagebrush, mountainmahogany and an overstory of pinyon and juni- per. The vegetation should be managed to maintain wood production and limited grazing. Selectively thinning the pinyon and juniper improves grazing and provides fire- wood and posts. Steep slopes, moderate to severe ero- sion hazard, and slow regrowth of trees affect harvesting and management. Most of this complex is a prime wintering area for deer. Rabbits, coyote, and a few elk also find food and cover on this complex. Community development is limited by the Rock out- crop, steep slopes, and stoniness. These limitations can be overcome by appropriate design and construction. This complex is in capability subclass Vile, nonirrigat- ed. 68—Vale silt loam, 3 to 6 percent slopes. This deep, well drained, gently sloping soil is on mesas, terraces, and alluvial fans. Elevation ranges from 5,000 to 7,200 feet. This soil formed in calcareous eolian material. The