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HomeMy WebLinkAbout1.0 Applicationfficcrr Prosident (303) 625-1235 Carl H. Bernkleu 7880 309 Road Rifle, Colorado 8t650 Vic€ Presidont Harold Shaeffer 5957 319 Road Rifle, Colorado 81650 S€c. Treas. Nora Ruth Bsrnklau 7880 309 Road Rifle, Colorado 81650 Attorn€y Russ€ll G€orge P.O. Box 907 Bitle, Colorado 81650 West Diyide Water Conservancy District POST OFFICE BOX 1478 R|FLE, COLORADO 81650-1478 August 29,1988 I,lr. Kerrv Sunde,n Epftsch, Inc. P. 0. Draraer 160 'RE: Efi^Erd & Jan Walters/Doyle & Kather-ine l,ikely Glenrnnod Springs, Colorado 81602 C-ontract #BBffi11-EI^/L Dear Mr. Sundeen: Enclosed please find Contract #880811-E14lL for Edvmrd & Jan Walters and Doyle & Katherjne [,ik':.'Ly for 5 "cre/feet augnrentation/exchange r,later fr,-m the l.lrst Divide Water Consewancy District. C,opies of ttris c(rtract have been zuhnitted to tirc fol1rn'ing entities: State of C,olorado Water Resources Dirrision #5 Water Resources C-olorado River Water Conservation District Cerfield County Ptanning Departnrent We::t Divide Attorney I,{est Di.ride Engineer We have been requested to inform you that vtren you apply to the State Diyision of hlatel llesources for your r^e1l perrnit that you must send a r:rrpy of your co-rltract with hlest Divide io thsn to help speed the process in thelr offices, thank you. Bolrd ol Dilrctort Carl H. B€rnklau 7880 309 Road Riflo, Colorado 81650 Leonard Chrisiensen 10879 31 t Road Silt, Colorado 81652 Gr€gory Durr€tt 926 Blak€ Avsnue clonwood Spgs.,CO 81601 Harold Shaeflor 5957 319 Road Rifl€, Colorado 81850 John Martin 131 12 Highway 82 Carbondal6. CO 81623 Sincerely, )=4.= .dl.rt-'' Nora Ruth Bernklau triater lbnager, W.D.W.C.D. NRB/se1f Enc. C.ontract #88G11-E1^/L c/c Glorado State Water Resources Diuisioe 1,5 ldater Resources Co1o. River Water Conservation District'--€arfield County PlanrLing Departrent W.D.W.C.D. Attorney W.D.W.C.D. Engine:r ):. it.l>/q-,-+' 2 units. ) farm animals shaIl land less than one Ordinance #182) not be kePt on a Parcel of acre in area. (see C district is to anticiPating heavY Performance Stan- (3) for all other conditional uses' lot area shal1 be five thousand feet, unless otherwise sPecified of Trustees hN (F) Setback requirements: Minimum set back from ptop"tly 1 ws: the minimum (5000) square by the Board front Yard - 10 feet rear yi.t 10 feet or 5 feet for accessory build.ingsideyard-8feetcornei lot - I feet side, 10 feet rear' 5 feet for accessory Maximum building height shall be than two storiel, excluding the (1) l2\ (3) (4) (c) 30 feet basement. no more (H) Residentiql-lensityt Ivlaximum residential density shal1 be orru ffi.r 3,750 square feet- of land areafortworamiry.,,,it=and5,000squarefeetoflandareafor single familY units. COMMERCIAL (C) (A) PnrPosq: The PurPo-se o{ the provide an ffi-Eor commercial activity i-aestrian and automobile traffic' (see dards) . (B)Uses by right: (1) t2l(3) (4) (s) (6) (7) (8) (e) (10) residential on second story or above underground utilitY lines parks/open space accessorv uses public institutions-retail and wholesale businesses eating and drinking establishments off ices banksp.i=ot,.f , social and Prof essional services(11) funeral homes(12) municiPal facilities (13) fire stations iiaf business of a retail or service nature (15) overhead utilities Building alTowlng (16) (17) (18) (1e) (20) ( 21) l22l(23) 124l day nurseries orpersonal services pharmacies nonprofit clubs community centershealth centerspolice stations community service wholesaling child care centers outlets agiencres Conditional uses in a C dist-(C) Conditional uses: rict shallffi (1) sinsle-family dwellings(2) home occupations(3) churches/religious institutions(4) substations(5) room boarding (6 ) PUD(7) schools(8) museums(9) automobile service stations(10) vehicle sales lot(11) limited industrial uses(12) scientific research or manufacturing, compoundirg, assemblingr processing, fabrication, packaging or treatment of products, wholesaling, jobbing, warehousing or manufacturing: industries(13) storage of oi1, gasoline or petroleum products(14) outdoor storage(15) parking lots(15) hotels, motels and lodges (D) Floor area: (1) t2l uses by right - no minimumconditional uses - no minimum unless specified by the Board requirement be as follows: feet 10,000 square height shall betwo stories, (E) Lot area: Minimum Iot area shaIl (1) uses by right - 2,500 square 12) automotive filling stations thirty (3ffiing no more than feet(3) other conditional uses 2,500 square feet (f) Setback resuirements:Rear - 5 feet (c) Build.ing height: llaximum building excluding the basement. llaximum Lot coverage: (1) uses by right - princi-oa1 and accessory building not more than 95t l2l conditional uses - principal and accessory builcling not more than 95t, unless otherwise sPecified bY the Board PERFOR}.IANCE (P) (A) Purpose: The Purpose of.the P district is to provide an-ar-for inauitry with minimal adverse environ- mental effects. All uses shalI comply with the performance standards aS adopted in this ordinance (see Performance Standards). (B) Uses bv right: Uses permitted by right in a P district sEaFffillows: (1) underground utilitY lines (2) Parks/oPen sPace(3) accessory uses(4) municiPal facilities(5) fire station(6) Police stations (c) conditional uses: conditional uses permitted in a P distriffiollows: (1) domestic animals l2l substations(3) PUD(4) schools(5) museums(6) public institutions(7) ietail and wholesale businesses (8) offices igt personal, social and professional services (10) lutomobile service stations (11) vehicle sales lot (12) limited industrial uses (13) wholesaling or manufacturing j-ndustries (14) storage of oiI, gasoline and petroleum products(15) businesses of a retail or service nature (15) outdoor storage (17) overhead utilities (LB) excavation and/or road construction facilities(19) day nurseries or child care facilities (20) parking lots(21) community centers (221 wholesaling (H) PRE ANNEXATION AGREEMENT . Thls agreement mad.e and. entered into this /7/L day of flry,, L A. D. 1989 , by and between Doyle Llke1y -Efr'd EdwardfrETffierelnafter referred to as "Landowner" and the Town of New Castle, a municipal corporatlon of the County of Garfleld, State Of COlorado, hereinafter. referred to as "Town" to be come effective on L}:le /7ft-' daY of , 1989. 1. RECITALS. For tire purposes of interpretlng and giving ef f ecffi---.Ef rs agreeaent, the partles agree to the truth and accuracy of the foilowing: a) Landowner owns the real property described as Township 55, Ranga 90W of the 5th Principal Meridlan Section 32, NE !/4 Sw L/4 excepting thac portion conveyed to Minnle B. Coryell by Docrrment recorded April 15, 1909, irl Book 75, Page 562 as reception number 36905, that portion as conveyed to the Denver Rlo Grande Railroao Company by Document recorded April 2, L889, ir Book L9, page 381 as receptlon number 8755 and excepting the rlght-of-way for Hrghway 6 anC 24. hereinaf ter ref erred to as "property'r ' b) The property is commercially zonei and the partles recognize the substantial contributlon sales tax producing buslnesses located ont he property will make to the sales tax revenues of the Town; c ) A community of interest exists between the area proposed to be annexed atrd the Town of New castle, Coloraoo. d) The parties wlsh to enter into atl aqreement regarding annexation of the property and the provision for furnishing munlclpal services to tire prcperty in the event of annexation and to further clarify the parties understandlng as to annexation. 2. WATER AND SEWER. a) Land.owner agrees to install water distrlbuLion and sewer collectiou llnes within the property in accordance with the Town'S standard.s and speclfications and pursuant to plans approved. by the Town. Landowner agrees to develop and provide to the Town for review and approval prlor to platting of the property a master ut1l1ties plan for the annexed area. Approval w111 not be unreasonably withheld. b) The part,ies mutually agree that Lanoowner shall d.esign and install wlter llnes and. fire hydrants wlthj-n the proper+-fr Ln accordance with Town,s standards and speclfications, subject to approval by a Town appolnted engineer and the fire department. fl- is expressly understocd that the Town may be unable to provide ii.." prttection to any of the annexed land prior to the installatlon of required fire hydrants. c) Sqbject to paragrapir E herein the Town sha11 provide water and sewer service to ihe property wlthin a reasonable period of tlme after d.eterminatlon of need by the Landowner and the Town as required for development of the property. At that tlme the tandowner agrees tL pay 50e,, of installation cost of extenslon of sewer collectlon l1ne not to exceed $45,000.00. d) If Town is unable to provid.e water and sewer service in a timely fashlon to the property in accordance with Landowner's d.evelopment schedule, Landowner may provide for interim water and sewer service to the property. Approval of the interim service measures shal] be subj ecr to a separate agreement between the Landowner and Town. The separate agreement shall address: 1. The deflnltion of type of service to be provided' ( including tlle source ) ' 2. Any llmltations on the use of service ' 3. Conditions and terms for termlnation of interim servrce. 4, Payments to the Town for conversion to the Town's permanent system for ful1 service. 5. Ownershlp of the interim faciLltles ' 6. Specifrcs on operation and maintenance of such facilities. 7. Interim facllitles to be deslgned pursuant to Town standards, and shall be reviewed for Same by the Town ' g. . The Town's determlnation whether any credlt shall be glven to t5e Landowner resulting from the integratlon of the interim facility into the Town's permanent sYstem. All costs of providing such interim measures sha11 be the responsibility of Landowner. Landowner sha11 be entitled to received reimbursement from other property owners benefj-ting from such interim measures pursuant to a Separate agreement. e) At such time as central water and sewer distributlon is available to property, Landowner aqrees to connect to such servj.ces and cease to use interim services descrlbed in part d). Landowner further agrees to convey by special warranty deed the rlghts to all well water existing on property after connecting to municipal water ser',lices. Town and Landowner shall enter into a separate agreement for compensation 1f it is determined to have value to the Town. 3. POLICE SERVTCES.Upon annexaticn the Town commlts to pro.riffitlon for the property. 4. ZONING. Upon annexation the property shall be zoned with a zoneffitc1assif1cationno1essrestrictivethanthezoning now in effect for the property. 5. STREETS. Landowner sha11 dedicate all rights-of-way for publi-EEts, if necessary, for the fulI width thereof , ds requlred by the Town code of the Town of New Castle, Colorado, an6 design and fu11y improve to Town standards all public streets within the property, and one-half of all streets lying on or abutting the exterior boundaries of the property, wlthout cost to Town. Such dedication of streets shaII occur pro rata at the time of subdivision or PUD platting; however, Landowner agrees to ded.icate such rights of way at an earlier tlme when determined by Town tc be required for commencement of construction r:f such streets or for extension of utllities. 6. ANNEXATION. Subject to the foregoing, Landowner agrees that at -ffiffime as the property complies with all appllcable legal documents, Land.owner will commence annexation proceedings in accordauce with the Laws of the State of Colorado and Munj-cipa1 Charter and Code of the Town. 7. CCSTS OF ANNEXATION. The Town agrees to pay the ccsts incur ith the annexation of the property, stlch as survey costs and costs of preparatron of the annexation map. Any ad.dit-ronal costs such as Landowner's attorney fees shall be pald by the Landowner. 8 . BINDING EFFECT. Thls agreement shal1 be binding upon the part:-fficcessors in interest of any kind. 9. 5EyERABTLITy. rf any prcvision of this agreement shalI for any TEEnTG-EEId to be lnvalid or unenforceable, such shall not affect any other prov:-sion thereof, but this agreement shall be construed as if such invalid or ttnenforceable provision had never been contained herein. 10. TIME. Time if of the essence j"n this agreement. 11 . RECORDI}IG.rightr-frffiEritY IN WITNESS wHEREof, the Parties authorized. offlcials to Place Agreement the daY and Year first is agreed. that the Town shaIl have the record this agreement. hereto have caused thelr dulY their hands and seals upon thls above written. Itto L1l( / l.L TCWN OT NEW Wa ters, Lan CASTLE, COLORADO corporation ATTEST: STATE OF COLORADO COUNTY OF GARI'IELD S5 The forego-ing instrument d day or /r,, , lsss, Landowners. Witness mY hand and official seal ' ( SEAL ) My commlssion expires: My Cortrrnfssiin E4i::-'s S€d 30.19t2 was acknowledged before me this by Doyle LikelY and Edward Walters, STATE OF COLORADO COUNTY OF GARTIELD The foregoing cc instrument was acknowledged' before me this 1f a^v ot (, - / , Lsls, bY Frank Breslin, Mavor' / Wltness mY hand and offlcial seal. { sEAr ) My commlssion explres: ! :,, '' ' - i:S.i ,ir ;:pirg$ Sed.30.1992rJrJ/ v'J"" ot,ary ENARTECH lnc. Consulting Engineers and Hydrologists April 10, 1989 -\svzz- -.ZIS- Ed Walters P. O. Box 2323 Glenwood Springs, CO 81602 RE: Water Requirements Commercial Development Dear Ed: ^ZTN. You have asked us to calculate the annual in-house requirement necessary to support the proposed Pepsi Cola warehouse to be located near the I-70/New Castle interchange. Our calculations are based on the following assumptions: 1,. A 10,000 square foot warehouse with two small restrooms, each containing a sink and toilet. 3. Three full-time employees (2 managers and a secretary), each requiring 30 gallons of water/day. 3. Seven route drivers, each requiring 15 gallons of water/day. 4. Occupancy of the building for approximately six days/week = 313 days/year. Based on the above outlined assumptions, we estimate that the Pepsi Cola warehouse will require approximately 0.19 acre feet of water annually for in- house uses. For comparative purposes, a single family home typically requires 0.30 acre feet annually for these same uses. Domestic wastewater from the Pepsi Cola warehouse could be effectively treated with an on-site sewage disposal system. The design flow for the system would be 1.5 [(3 x 30 gpd) + (7 x 15 gpd)] = 195 gallons per day. A standard septic tank and leachfield system could effectively treat and dispose of this amount of wastewater, assuming that the on-site soil conditions are satisfactory. 302 Eighth Street, Suite 325 P.O. Drawer 160 Glenwood Springs, Colorado 81602 (303) 945'2236 Ed Walters April 10, 1989 Page -2- An "engineered" sewage disposal system consisting of a septic tank and evapotranspiration bed could be designed for the site if the soil conditions are not satisfactory. The final design of the system would depend on site- specific soils investigations to meet the design standards of the Garfield County Sewage Disposal Regulations. We do not anticipate any problems designing and constructing an on-site sewage disposal system that would meet all of the requirements of the Garfield County regulations. Sincerely, ENARTECH, INCfl,1R. Scott Fifer ./ Hydrologist / Peter Belau Professional Engineer RSF/PB/bea Pur susan t, amended, and BEFORE THE BOARD OF COUNTY COI.TMISSIONERS OF GARFIELD COUN?Y, COLORADO PETITION FOR EXEMPTION C.R.s. (I973) SecE,ion 30-28-I0I ( l0) (a) - (d) as .,/e'subdivision Regulab.ions ot /arf ield County, Colorado,,.4.A 23, 1984 SecEion 2220.49t Ehe undersigned respecEf ul Iy petit,ions t,he Board aPPr ox imat,ely ft_acres each, m{re or 1ess, f rom the def iniEions\,'subdivision' and subdivided land' as t,he E,erms ar e used and aerine( in/-\ C.R.s. (f973) SecEion 3O-28-t0l (10) (a) (d) and t,he Garfield Counr,y subdivision Regurat,ions for Ehe reasons '"uut,"d bgJrcw: i Eo E,h of counby commissionexsl of Garfiel$ county, colorado, to exeTpE by Resorut,ion Ehe d.ivision or 7-Ta{r" Eracr, of land inco_ Eh rr""lr,,rl t --T---of of SUBMITTAL REOUIREMENTS. \' [n affiitisfies bhe review criEeriaall E,he f ollowing inf ormation. . +.must, be submiEbed wi t,h \ on of ir, A. ,ad-.-- Al-. D. B. skeLch Tap aE a minimum scale of 1,=200r showing Ehe lega'ldescrlpLion of t,he property, dimension and area of arl loEs o.rseparate inE,eresEs t,o be - created, access t,o a publ i c I i:!:::f lluyl and any proposed easeme.rs f or dr ainu,Je,rrr_rgaUtonr\ access or uE,il ities ,vicinity..nap aE a minimum scaie of 1..-2000, showing the generaltopographic .and geographic relaEion of Ehe pr"pq."d'"*".pEion roE,he surrounding area *i utrin two lZ) niles; - i;i"t i"f, u'"opv ;i'-U..S.G..S. quadrangle map may be used. 9opy of the deed showingf'orrnership uy Elre applicant, or a reEEerf rom Ehe propgr t,y owner ( i ) if othei than cne- ippt icanr,; andNanes and addresses of owners of record of land i^neJiatelyadjoining and within zoo feet of the proposed oxemption, ;i;;;;iowners and lessees of mineral osrners oi rLcord of tLe property tobe exemptedr and tenants of any structure lroposea forconversion; andEvidence of bl," soil -typeS and charact,erisE.ics of each type; andfroof of legal and ia.iui[u sorrce of domesuic water for each 1orgleaEedr meEhod of sewage disposalr dnd leE,ber of appror"l-oi!ir" protecEion plan f rom appropr iai,e f ire oi"t.i icti an<lrf connection to a commdnity or municipal wat,er oi se$rer sys Eer;i:_ -proposedr o leEEer frot Ehe govirning uorry suacing atrill ingness t,o serve; and Ilrra-tiyg explaining why exemptlon ls being requesE,ed; andIt shall be demonsErated that, the parcel exis[ed as <]escr ibecl.Ianuary 1, 1973 or the parcel as- iE exisLs presenEly is onenot more Ehan Ehree parcels created from a iarger pircel as Pet oite r 4(t,. ,/ F' 9. II.r. J. Telepbone Number 5 P'frte* bb0r- L6 SB 35 EXEMPTION CHECK SHEET -.rl l)' i,'t'' 'i ^ t r {' \'1j v" i i', PClL':i "'NiiL'" {/--42_ ,r/ Deeds Deeds 1973. Li st 200' . for OwnershiP showing number of lots created since January 1, of names of adjacent landowners and owners within List of mineral owners and lessees record of the ProPertY. Soils inf ormation. Source of legal and adequate water Method of sewage disposal. {i," {':; r 'l* Letter concerning fire protection t distr ict. of mineral owners of ,111. '.{n. .."' f*I.tq" I ,' F sup6lv .(i J:5 D 5 :rom appropriate fire -l **.,"-€ Letter from appropriate municipality, if parcels are to be served by municipal vrater and/or sewer. Narrative explaining why exemption is being requested. Sketch map scale I'=200' showing legaI description of property, dimensions and area of all lots or seParate interests to be created, access to public right-of-vrays t Proposed easements for drainage, irrigation, access or utilities. Vicinity map scale I'=2000' showing general topography ancl 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. Property posted. $I00.00 Fee { ''/,, ii fr /,trr){" ,' i) r,' ,'b tJtt- / t'fi-w,j f " $,'-<'*4Lr' f'*-a1 A. \ gxEMPTION APPLICABILITY The Board of CounEy Commissioners has the discretionary Power t,o exeinpt a division of lancl fiom the defi.nition of subdivision and EherebT fron the procedure in Ehese RegulaE,ions r ptovided t,he Board determines thaE such lxenpUion !ri]] not, irnpair or defeat the staEed Purpose of the Su!:division Reguiat,ions nor be detriment,al to Ehe general Public welfare. The tsoard snitl make exenpt,ion decisions in accordance t'rith the requirements of these regulat,ions. Following a review of Ehe individual fact,s of each app] icat,ion in tight of t,he requirement,s of these Regulations, the Board nay approve, condibionally approve or deny an exemption. An aPplicat,ion foi eiemptlon musE saUisfyr at a mininum, dfl of the review crireria l ist,ed below. Compl iance wit,h bhe review cr iter ia , however , does l'loE ensure exempblon. fhe Board also may consider addit,onal factors lisEed in SecEion 8:60 of the Subdivision RegulaEions. No more than a toEal of four (4) lot,sr porcels, inEeresus or dwelling unlt,s wt!1 be creabed from any parcelr as bhat parcel was described int,he records of t,he Garfield CounEy CIerk and Recorder's Off ice orl larf 1r 1973r dod is not a patt of a recorded subdivision; however, be divided by exempbion t,hat, is spl iE b7 a publ ic right-of-vray (State or Federal highway, Cou'nEy road or railroad ) or naEural f eaLure, preventing joint use of t,he proposed tract.s r dhd Ehe Civision occurs along the public right,-of-way or nat,ural feature, suchparcels thereby created hdy, ar bhe discretion of Ehe Boarcl, nou be considered t,o have been created by exempE,ion wit,h regard Eo t,he four(4) 1ot,, parcel, inEerest or dwelling uniu limit,at,ion oEherwise.appl icabl e;B. All Garf ield CounEy zoning requirement,s wiIl be met,; andC. All Lot,s creat,ed will have legal access E,o'a public right,-of:wo/ and'any necessary access easement,s have been obt,ained or are in.t,he process of being obbained; andD. brovislon has been made for an adequat,e source of -water in E,erms of bot,h bhe legal and physical gualit,y, quanEity and dependabil ity, and e suit,able type of sewage disposal Eo serve each proposed loE; andE. All stat,e and loca1 environmental healEh and safeEy requirements have been net, or are in Ehe process of being met,; andF. Provision has been made for any required road or st,orm drainage improvements; andG. Fire protecLion has been approved by t,he appropr iaEe f ire distr ic-'.H. Any necessary drainager irrigaEion or ut,ility easements have been obLained or are ln E,he process of being obt,airred; andI. School fees, t,axes bnd special assessmenEs have been paid. (The School ImpacE Fee is $200.00 for each new loE created). PROCEDURES A. A reguest, for exemption shall be submiE,Eed uo t,he Board on forms provided by Ehe . Garf ield County Department of Development,,/Planning Division. Two (2) copies of t,he application, maps and supplenent,al inforrnaEion shall be submiEted B. The Planning pivision shaII review the exempt,ion requesE, for compleEeness wit,hin eight, (8) days of submittal. If iucomplete, Ehe applicaEion shall be withdrawn from consideration and t,he apP]icanE notif ied of the addit,ional i nf ormaElon needed. If t,he aPPl icat ion is compleEe, the applicant, shall be noEified in wriE,ing of the time and plate of Ehe board of Coirnty Commlssioners meeEing aE, whiclr Ehe iequest, shall be considered. In elther caser ilotificaEion shall occur withln f if Eeen ( f 5 ) days of submit,bal . c.NoEice of Ehe public meeting shall be mailed by-cerEified mail' reLurn receipt, requested, Eo orrn"ri of record of tanO irnmedisEely adjoininS and wiEhin 200 feet, of t,he proposea exempElonl. bo.mineral o!'ners and lessees of mineral orn"ri Lf tecord - of Ehe land proposed for exempLionr una io tenanEs of any sErucEure Proposed for conversion' The exernption sibe shall be poste-d .clearly anrJ cons-Picuously visible iio* i pirUii" ri9ht,-of-way wictt noEice signs-Provided by Ehe Planning Division. AII not,ices shaII be mailed aI least fifteen (f5) anJ no! more Ehan utriiui (30) days prlor to the meeting. TItg aPPlicanE shaII tr. ,.rpon"ibI; 'roi 'maiiini bhe noEices and shall presettE Proof of mailing aE the meet,ing. At or wiEhin fifEeen (r5) days of the meeblng, t,he Board shall .pproru, conclitionalty aPProve ^or dqny Ehe exempt'ion reque:t' The reisons'for denial or any bondit,ions of ipptoval shall be set forth ir ilre minut,es of Ehe meet,ing or in a lrribt,en resoluLiort. An appl!canr. denie<i exempt,ion sha]1 follow Ehe subdivision procedure irr Ehest' Regula E ions . D. DEED THIS INDENTURE, Made this 8Ih day OF TRUST , 19 88 , by and between Edward S- tilalfers-.Jen M- Welters- Dovle P- T,'lkalw and Katherlne L. of July LikeLy whose address is 0108 Piedmont. City of Glenwood Springs ,County of Garf{ el d , and State of Colorado, hereinafter designated Party of the First Part, and the Public Trustee of the County of Garf{ pl d ; in the State ofColorado, Party of the Second Part. WITNESSETH, That Whereas, the Party of the First Part has executed his Promissory Note bearing even date herewith for the sum of' Forty-six Thousand and No/100------------------------ Dollars (s 46.000.00 ) payable to the order of Colorado National Bank - Glenwood hereinalter designated the Bank, whose address is 901 Grand Avenue. P. O. Box 520. Glenwood Sprinss. CO 81602 And Whereas, if said Note or any related agreement provides for additional advances at the option of said Bank, it is specifically agreed that said advances shall be a part of the principal indebtedness, that all of the covenants and agreements evidencing such advances strall be a part hereof, and that this Deed of Trust shall secure, in addition to the original indebtedness, any additional advances made by said Bank to the Maker or Maker's successors in title. The Public Trustee may, upon the production of said Note, duly cancelled, release this Deed of Trust without further showing as to said additional advances and without liability for so doing; such release shall also constitute a release of the lien for any such advancements. And Whereas, said Party of the First Part is desirous of securing the payment of the principal and interest and all other sums due under the terms and conditions of said Note and this Deed of Trust, in whose hands soever the said Note may be: NOW, THEREFORE; said Party of the First Part in consideration of these premises and for the purpose aforesaid, does hereby grant, bargain, sell, and convey unto the said Party of the Second Part, in trust forever, the following described property situate in the and State of Colorado, to.wit: County of Garfield TOI,INSHIP 5 SOUTH, RAIIGE 90 WEST OF THE 6TH P.M.' SECTION32: NElrSWk EXCEPTING THEREFROM that Portion conveyed t,o Minnie B. Coryell by Document recorded Aprll 15, 1909 ln Book 75 at Page 562 as ReceptLon No. 39605, TIIAT PORTION conveyed to the Denver and Rio Grande RaLlroad Company by Document, recorded AprLl 2, 1889, Ln Book 19 at Page 381 as Reception No. 8755 and EXCEPTING the right of wgy for Highway 6 arrd 24. COI'NTY OF GARFIELD STATE OF COLORADO .( Qn@u-$; together with all improvements and apditions now or hereafter situate thereon, otherwise known and numbered as n/a Street,New Castle , Colorado. TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto belonging, including all the heating, plumbing, lighting fixtures, and all other lxtures, and equipment now or hereafter attached to or used in connection with said premises; also the rents, profits and income derived and to be derived from said premises. IN TRUST NEVERTHELESS, That in case of any default hereunder by Party of the First Part or his successors in interest, according to the tenor and effect ol said Note and this Deed of Trust, the Bank or the legal holder of the indebtedness secured hereby may file notice with Party of the Second Part, declaring such default and its election and demand that said property be advertised lor sale and sold in accordance with the statutes of the State of Colorado in such cases made and provided; and thereupon said Party of the Second Part 1OO152/00 RO285 lOccd of Tru3t wlthout Escrow v. .!.uwtr.vrlr.$ii !llr.rlttt!lrg rl'r l.rllt E os 0 o e\t+\1 \- :) s $ 0 "A ,. ,B .'. [. Z. -,1_.n.L n b ilJ;tJ.t\ ' (-l x:'14 :I 1-(_ :\ q\ + 1-.\ ^-b = -+ 1J 0 h. \ *';:/\n s--ls, -.. .,.]-,. : .;,,1].'; o{_ , l.) Ilit h-{ \N YN_tl . tr (loins sheet 12)o,'u U) U) TI HVEY RIFLE AREA, COLORADO 2' t ler- ed in lnclurJed witlr lhis soil in mapping are small areas of r)lney, Arvacla, and l(im soils that have slopes of 1 to 3 pen:ent. These areas make up 5 to,10 percent of the rrl0p tlllit. Pcrrneability is slow, and available water capacity is ;r,0(ierale. Effective rooting depth is 60 inches or more. liurface runoff is medium, and the erosion hazard is sligltt. This soil is used for irrigated crops and hay (fig. 5). .tfdlfa, srrtall grains, some corn for silage, and grass or :r'dss-leoume mixtures are grown. Flooc.ling is suitable for irrigating this soil. lntake rate is rru.';. lVide, deep cracks form when tlre soil dries. lrriga- r,r)r) I ates and tillage practices should be carefully l.l.irlnerl to overcome soil conditions. Green manure r.rr)1)s Bfid commercial fertilizer are generally needed to i,rairrtain or improve tilth and fertility. The native vegetation on this soil was mainly wheat- grass, sagebrush, and rabbitbrush; however, all areas of rhis soil are now in irrigated crops. Cottontail rabbit, squirfel, 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 porential. Dwellings and roads can be designed to com- 1;urrsate for the low strength and shrink-swell potential. S;:ptic tank absorption lields are severely limited by slow ,,i.;rrneability. Community sewage disposal systems willr: neec,led if population density increases. l'his soil is in capability subclasses llle, irrigated, ancl t\ic, rronirrigated. 20-Heldt clay loam, 3 to 6 percent slopes. This ,leep, well drained, gently sloping soil is on alluvial lans arrrj sides of valleys. Elevation ranges from 5,000 to d,t;00 feet. This soil formed in fine textured alluvium ,lerived from shale and sandstone. The average annual precipitation is about 14 inches, the average Innual air temperature is about 48 degrees F, and the average irosl-lree period is about 120 days.'l'ypically, the surface layer is grayish brown clay loam about B inches thick. The subsoil is light brownish gray 'rlay loam about 13 inches thick. The substratum is tight gray clay to a depth of 60 inches. lncluded 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 S to 10 percent of the rnap unit. Permeability is slow, and available water capacity is nroderate. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is rnoderate. 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 Jr0wn. Flooding is suitable for irrigating this soil. lntal<e rate ir slow. WirJe, deep cracks form when the soil dries. lrriga tion rates and tillage practices slrould be caref ullr planned to overcotne linriting soil conditions. Greer rllanure crops and comniercial fertilizer are generallr neederl to maintain or improve tilth and fertility. The native vegetation on this soil is rnainly wheat grass, sagebrush, and low rabbitbrush; however, al areas ol tlris soil are now in irrigated crops. Cottontail rabbit, squirrel, mourning dove, and pheas arnt finri habitat on this soil. Comrnunity development and recreation are limited b; slow permeability, high clay corttent, and shrink-swel potential. Dwellings ancl roads can be designed to com. l)ensate for the low strerrqlh anrl slrrink-swell potential Seplic tanl< absorption lields are severely limited by slon permeability. Community sewage clisposal systems wil be neecJed if population clensity increases.'l-lris soil is in t:apability suLrclasses llle, irrigated, arrc lVc, n$nirrigated. -lt' I | 30JHelclt clay loam, 6 to 12 percerrt slopes. This dqep/ well drained, rnoderately sloping to rotling soil is on-alltrvial fans anrl sides of valleys. Elevation ranges from 5,000 to 6,000 feet.'l-lris soil forrned in fine lexturec alluvium derived from shale and sandstone. 'l-he averag€ annrral precipitation is about 14 inches, the average trnflUiil air temperature is about 48 degrees F, and the average frost-free period is about 120 days. f-i,pically, the surface layer is grayish brolvn clay loarr al-rout [l inclres lhick. I he subsoil is iight bro,lnish gray clay loarn al-rout 1ll inches thick. The slibstralum is lighr gray clay to a depth o[ 60 inches. lncluded with lhis soil in mapping are small areas oi Olney, Arvada, and Kim soils that have slopes of 6 to l2 percent. Tlrese areas make rrp about 5 to l0 percent oi the map unit. Permeabilily is slow, ancl available water capacity is moderate. Effective rooting deplh is tiO inches or more Surlace 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, rJeep cracks form when the soil dries. lrrigation and tillage practices should be caref ully planned to overcome soil conditions and to conlrol ero- sion. Erosion can be conlrolled by keeping the soil in lray or pasture for at least three-fourths of the time. Green manure crops and lerlilizer are generally needed 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 lhe range is in poor condition, undesira- uhes i are rlOIn ;bles ravel ,olat- lrave txali- rtLol. rrrtit. r llt-'S, /a ier rel in alion ;orls. 11ing. ields rrant hay rrisk, rabi- rl() fe ;ods arrd rined ,lots, rt for )pen Eor and iSary onre igat- This fans)to rium rrual ,l air rage oam gray light SOIL SURVEY22 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 will be needed if population density increases. This soil is in capability subclass lVe, irrigated and nonirrigated. 31-Heldt clay loam, 12lo 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 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 ol 60 inches.' lncluded with this soil in mapping are small areas of Olney, Arvada, and Kim soils that have slopes ol 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. Fleducing brush improves the range. Seeding improves the range in the more gently sloping areas il it is in poor condition. Western wheatgrass, streambank wheatgrass, and crested wheatgrass are suitable lor 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 will be needed if population density increases. This soil is in capability subclass Vle, nonirrigated. 32-Holderness Varlant clay loam, 6 to 25 percent stopes. 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 leet. This soil formed 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. iypically, the surface layer is grayish brown clay loam about 1 1 inches thick. -l-he subsoil is grayish brown or light brownish gray clay about 41 inches thick' The sub' siratum is light 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. lt 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 6rush 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 lind 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. Floads and dwellings need good drainage to reduce shrinking and swelling and soil slumping. This soil is in capability subclasses lVe, irrigated, and Vle, nonirrigated. 33-lldefonso 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-Camborthlds-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 moderatety 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. The 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 slones 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. lncluded in mapping are small, isolated areas of llde- 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 ol pinyon and juniper. The value of grazing is fair. The vegetation should be managed to maintain wood production and limiled 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 ol trees affect harvesting and management. Most of this complex is a prime wintering area for deer. Babbits, 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 comptex is in capability subclass Vlle, nonirrigat' ed. OZlTorrlorthents-Flock outcrop complex, steep. This/6roadly defined unit consists of exposed sandstone aM shale bedrock and stony soils that are shallow tc moderately deep over sandstone and shale and ston) basaltic alluvium. Areas of this complex occur throughou' the survey area. The soils and outcrops are moderatel) 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 loothills 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 weatherec 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 ol th( survey area. lncluded in mapping are small isolated areas of llde fonso, Lazeat, Ansari, Gaynor, Tridell, and Nihill soils These intermittent areas make up 10 to 15 percent o 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 tr crops. The native vegetation includes wheatgrass, bluegrass lndian ricegrass, needlegrass, bitterbrush, sagebrusl^ mountainmahogany ancl an overstory of pinyon and juni per. The vegetation should be managed to maintain woor production and limited grazing. Selectively thinning thr pinyon and juniper improves grazing and provides fire wood and posts. Steep slopes, moderate to severe erc sion hazard, and slow regrowth of trees affect harvestin' and management. Most of this complex is a prime wintering area fc deer. Rabbits, coyote, and a few elk also find food an' cover on this complex. Community development is limited by the Rock ou1 crop, steep slopes, and stoniness. These limitations ca be overcome by appropriate design and constructior This complex is in capability subclass Vlle, nonirrigar 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 lo 7,20 feet. This soil formed in calcareous eolian material. Th a1 e, 1( r ffi hicc ' Duc eld peyrLlc upon couptctiour l}l$ Laadlirslrfo p.r-ooU -ill bc rddj li tr. froa finr biUiES! TOTAI 'l \I Ii"ffi;"8:f;i31'rl3i,r Rr rc or - /J..BJ ocrock p M. FrR e5 l$,.. j39-13-104 (1) (n) ' Rcccprion No i]2.5(j??) Iy\TLDRED AISDoRF, REcoRDER 0'l'rr 511,1i irieS65 DEED OP DTSTNIBUTION UY , PERSONAL REPRESENTATIVE THIS DEED is made by RICilARD A IIANLON as perEonalRepre'entatlve of the Estite ot tnny A. pRxNDERcrrsrl"ilceased,.crantor' to RrcilARD A. rAl.rlolt, ciintee (whethei "". ", more) rwhose address ls camdron_epoii^."1s i206, oig-w.init Lun., - WHEREAS, the.above named <lecedent Ln her lifettme madeand executed her Liist, wrrr "na i""t"rent datecr iebiuary zr,1951, whlch Wirl was aufy-aamftt"a t" fo.^ii-fr"ii[. o.ilanuary 6, L982, by the br"trr"t-court In "na'i"i--irre county ofGarfield, and stari of cofoiiJ", ir"U"te No. 82 pR l; -WI.lEry+S, the Grantee is deterrnlneil to be the person en-titled to dtstribution "i-*," h;;;i;;;;;r';";;riffidr rearproperty, and Grantor rs auUrorlzed ana aliec[;d-t; dlstrrbutethe same to Grantee i NOW TIIBRBFORE, pursuant to the powera conferrecl uponGranto' by,Artlcle izl s"Jirou"-zir and 907 0f trro cororadoProbate Code, Grantor. sellsr-conreys, aaalgna, tranoforo, and:eleaeaa to Grantee tne ioii"ir"e-;""r property rn GarfleldCounty, Colorador MLnnie B. CoryelL ln the ioutfiwest "orrr",wLth all appurtenances. Executed /a r./ JS_, 1982. conveyed tothereof. Representative ofthe Estate 6f Uary A. prendergast Deceased STATE OF COUNTY OP PENNSYLVANIA PHILADELPHTA ) ) ) sg. f-l"l-: i .'l ' \, ,.,..i .i;r| ,. Li.i.':! I I . The foregoJ.ng instrurnent was acknowledged before me thls l1& a^y ot .TrtttdnV, 1982, by RrcrrARD A. HANLorr as personal Representatlve of the Estate of r{trRy A. pRENDERcAsr, Deceased. ITITNESS my hand and official seal. '/ jsb My commlsslon explres: - t.,,.,LTFn J. ci,ito ,,tt;?,,,lx"jil;llllll Xi ill;i?;,r t,otary :?r I )!.{ (rr >--:- ( C)q --- >It\'-\ ) 2 .-[I.( ') ) (_1'r I,( C1 't- c)PL,();. t, -\!-' 'a')'(- -()[? cl_',((...-...',)t I\> J"+- - e.)(h (lrFt I 2() ((.^ cc i- 1i _F 6, ( t'- b (-a ?\iI -o \1a(cf "L.1 \:\//'a(-r-,-(,- (t-r 1' I\, I Dt(2tt'iiL1 t\ i *'fi pC!P[=,r..-,,;'ii.[!; t(2)-?[-'-?-i-t,) .),- ht .p I 'o |. _ h- \ ,- 'u (-' (-'.,i F"-F t,c\,.f fi'i\ \'' ) .i-,\T.I ' P Tt-- i ,! 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