HomeMy WebLinkAbout1.0 ApplicationBEFORE'E BOARD OF COUNTY COMMISSIONE•OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) -(d) as amended, and
the Subdivision Regulations of Garfield County, Colorado, adopted September 1,
1972 and amended April 14, 1975, Section 1.02.17 (d) and 3.02.01 the undersigned
Otto H. Zinko respectfully
petitions the Board of County Commissioners of Garfield County, Colorado, to
an approximate
exempt by resolution the division of 170 acre tract of land into 2
tracts of approximately 166.51 and 3.49 acres each, more or less, and
which tract to be subdivided is more particularly described as follows:
(legal description - attach separate sheet
if additional space is required)
original deeds, Exhibits B-1 - B-3 attached hereto
Subdivided Tract, See Exhibit B-4
from the definitions of "subdivision" and "subdivision land" as the terms are used
and defined in C.R.S. (1973) Section 30-28-101 (a) -(d) and the Garfield County
Subdivision Regulations, for the reasons stated below:
,The subject 3.49 acre parcel already has the attributes of
subdivided land in that it fronts on a public road, and there is
sufficient water and sewage disposal available as described in
the Statements attached hereto.
In support of this petition, the petitioner also submits the following:
(a) Map drawn to scale showing proposed
lot subdivision and access - Exhibits A-1 and A-2
(b) Copy of deed - Exhibits B-1 - B-5
(c) Vicinity Map - Exhibit C
(d) Statement on source of domestic water - Exhibit D
(e) Statement on method of sewage disposal - Exhibit D
(f) 100 year floodplain information where
live stream crosses or adjoins said tract
(g) Fee in the amount of $ 54.00
Submitted at Glenwood Springs, Colorado, this day of November , 19 79.
Petitioner Otto H. Zinko
1614 Bennett Avenue
Mailing Address
Glenwood Springs, Colorado 81601
945-6648
Telephone Number
Otto Zinko
Exhibit B-4
Subdivided Tract
Beginning at a point on the North line of the Townsite of
Cardiff, whence the North Quarter Corner of Section 27,
Township 6 South, Range 89 West of the 6th P.I. bears South
O1°26'26" West 1337.73 feet; thence along the aforesaid
northerly boundary of the Townsite of Cardiff South 89°50'50"
East 45 feet to the True Point of Beginning; thence South
39°50'50" East 257.4.5 feet; thence along an existing fence -
line North 26°46' West 311.0 feet; thence South 89°50'50"
East 20.0 feet; thence North 26°46' West 70.0 feet; thence
South 89°50'50" East 201.8 feet; thence North 26°53'59" West
724.73 feet; thence South 01°26'26" West 265.76 feet; thence
South 88°39' East 45 feet; thence South 1°26'29" West 718.70
feet to the True Point of Beginning, consisting of 3.49
acres, more or less.
;HARD D. LAMM
Governor
• nrC0 •
DIVISION OF WATER RESOURCES
Department of Natural Resources
1313 Sherman Street - Room 818
Denver, Colorado 80203
Administration (303) 839-3581
Ground Water (303) 839-3587
W. R. SMITH
Acting State Engineer
N ! 1 'r } (j 707(.2
November 21, 19794 rrtLi) turttJER
Mr. Ray Baldwin, Director
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, CO 81601
Re: Zinko Exemption
Dear Mr. Baldwin:
We have reviewed the material submitted for the above referenced
application for exemption. The developer proposes to use wells for the
water supply which would intercept ground water tributary to the Roaring
Fork River at a point where there is still water available for appropriation.
This office can issue individual domestic well permits to individual lot
purchasers and we recommend approval of the Zinko Exemption.
Very truly yours,
Dr Jeris A. Danielson
JAD/GDV:mvf
cc: Lee Enewold, Div. Eng.
Ralph Stallman
Land Use Comm.
uty State Engineer
• •
Otto Zinko
Exhibit D
WATER AND SEWER
Source of Domestic Water: New individual well
Method of Sewage Disposal: New individual septic system
ecorded at o'clock ill., ..,
Reception No
i;004 477
Page 343
Ella Stephens sit Recorder.
Otto Zinko
L' ;'obit B-1
Tins DEED, Made this 1st day of August
1972 , between CONGREGATION OF THE HOLY GHOST, WESTERN
PROVINCE, INC., a not for profit corporation
a corporation duly organized and existing under and by virtue of the laws
of the State of Colorado of the first part, and
OTTO H. ZINKO, E. JAi`�1ES FATTOR and WILLIAM R. SEABERG
of the County of Garfield and State of
of the second part:
Recorder's Stamp
STATE cac+JlirENrTARY rr
SEP JK1977
eo
WITNESSETH, That the said party of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable consideration
to the said party of the first part in hand paid by the said part ies of the second part, the receipt whereof is here-
by confessed and acknowledged, hath granted, bargained, sold and conveyed, and by these presents doth grant, bar-
gain, sell, convey and confirrlt unto the said part ies of the seb6nd part, their heirs, and assigns for-
ever, all of the following described lot or parcel of land, situate, lying and being in the
County of Garfield and State of Colorado, to wit:
See attached Exhibit A.
i/L7-
-3/co
0✓�/
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion or reversions, remainders, rents, issues and profits thereof; and all the estate,
right, title, interest, claim and demand whatsoever of the said party 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 part ies of the second part their heirs and assigns forever. And the said
party of the first part, for itself,
and its successors, doth covenant, grant, bargain, and agree to and with the said parties of the second part,
their heirs and assigns, that at the time of the ensealing and delivery of these presents it is well
seized of the premises above conveyed, as of a good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and hath good right, full power and lawful authority to grant, bargain, sell and convey the same
in mariner 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; Subject to reser—
vations and exceptions contained in United States patents, easements and rights
of way of record or in use, declaration of Protective Covenants recorded in
Book 408 at Page 411 of the records of Garfield County and subject to that
certain Agreement dated November 3, 1967 between Grantor and the Oil Shale
Corporation, Sohio Petroleum Company and the Cleveland-Cliffs Iron Company.
and the above bargained premises in the quiet and peaceable possession of the said part ies of the second part
their heirs and assigns, against all and every person or persons Iawfully claiming or to claim tho whole
or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto
y its President, and its corporate seal to be hereunto affixed, attested by its
• the day an d/y first above written. CONGREGATION OF THE HOLY GHOST, WESTERN
PROVINCE: INC., a not for profit
corporation
subscribes
Secre
Henry
laninsek
STATE OF COLORADO.
Secretary.
} ss.
County of....Gaxfield.
By
eorge A. arcar
ti nTlie rforegong instrument was acknowledged before me this
V11172 . by�!)` ▪ GEORGE A. H.ARCAR
i �•�• ;•' • HENRY J. PLANINSEK
.Ist
as
as
' t'a0NcREG'A'IYOtir OF THE HOLY GHOST, WESTERN PROVINCE, INC. , a
I: a''pri9xor
o4t •icfi.tion . My notarial commission expires June 1, 1974
'' '� • Witness my hand and official seal.
/021-4,44.1f.r. '
President,
,day of Y''August
President and
Secretary of
crx-Ko mratinn.
not
for
.Cnth%..
Notary i'ubllu.
No. 4013. WARRANTY DEED-Coiporatlan.—Bradford PuhHahing Co., 1824-46 Stout Street, Denver, Colorado
d;tto Zinko
EXhibit B-1
(Page 2)
Book 435
Page 344
Attached hereto as Exhibit A forming a part of the Warranty Deed between
CONGREGATION OF'THE HOLY GHOST, WESTERN PROVINCE, INC., a not for profit
corporation to OTTO H. ZINKO, E. JAMES FATTOR and WILLIAM R. SEAI3ERG.
EXHIBIT A
PARCEL NOQ 1: The S of the SW4, that part of the SW4 of the SE4
and of the NW4 of the SW4 lyingSouthof the Roaring Fork River, •
all in Section 22; also all of the NE4 and all of the NW4 arid the NW4
of the SE4 of Section 27, also Lot 7 and the SE4 of the SEn and the.
W1/2 of the SE'4 of Section 31, also the SW4 of.the SW4 of Section 32,•
all in Township 6 S., R. 89 W. of the 6th P.M., and'Lot 4 and the
SW4 of the NW4 of Section 5, in Township 7 S., R. 89 W., of the 6th
P.M., except right-of-way for Atkinson Canal through a portion of
the SW4 of said Section 22, evidenced by Document No. 29329 in Book
51 at Page 355 of said records; except roads. and rights-of-way of
record and except a tract of land in said Section containing 1.49
acres described in Document No. 39900 in Book 83 at Page 3, and
except that'part of said land which is platted as Hughes Addition
to Cardiff and as Hughes Addition No. 2 to Cardiff, Colorado, and.
3 1/3 acres conveyed to William Fipps by deed recorded in Book 62•
at Page 342, and except land on easterly side of the center Of
Roaring Fork River, conveyed to Henry H. McCarty by deed recorded
.in Book 62 at Page 248 and except 7.89 acres conveyed to The Grand
River Coal and Coke Company, recorded in Book 35 at Page 434, and
the Townsite of Cardiff, described in Plat Book ;#1 at Page 2.6 and
3.524 acres conveyed to the Colorado Industrial Company by deed
recorded in Book 50 at Page 272 of said records and excepting
herefrom all that part of the Nwk of the NW4 of Section 27 situate
• in the Westerly side of the County highway through said 40 acre
tract of land and which crosses Three Mile Creek by way of a.
.bridge and leads up to Four Mile creek as the said highway is at
this time traveled, the said tract of land consisting of 30 acres;
more or less, subject to all outstanding rights-of-way to, upon
and/or across the said tract, excepting therefrom a tract of land
containing 4.256 acres in the NE4 of the Nw?-, of said Section 27,
as appears of record in Book 159 at Page 19 in the office of the
Clerk and Recorder of said Garfield County, and excepting a tract
of land conveyed to Katie Smart in the NZ of the NW4 of said Section
27 containing .2771 acres as appears of record in Book 159 at Page
20, and excepting a tract of land conveyed to M. V. Dearing in said
N1/2 of the NW4 of said Section 27, containing .4061 acres as appears
of record in Book 159 at Page 30 and excepting a tract of land con-
veyed to Peter Bianco in said Nz of the NA containing .2656 acres
recorded in Book 159 at Page 38, reserving therefrom rights-of-way
for roads and ditches.
PARCEL NO. 2: A strip of land known as a part of the right-of-way of
the Colorado Midland Railway as it was constructed arid operated over
and across the N'z of the Nw4 of Section 27 and the sw of the SW4
of Section 22, T. 6 S., R. 89 W., of the 6th P.M., beginning at a
~,point where the center line of the railroad tract as it used to be
crossed the dividing line between said Sections 22 and 27, said
point being 2069 feet westerly along said dividing line from a point
•
Book x-35
Page 345
Otto Zinko
,Exhibit B-1
(Page 3)
where the North and South center line of said Sections 22 and 27 •
crosses the dividing line, as shown on the map of the said railroad
of record, although said railroad is no longer being operated and
maintained, said map forming a part of this description; thence in a
northwesterly direction about 75 feet to the northwesterly end of
said strip of land, and about 350 feet northwesterly of the center of
the railroad bridge over Three Mile Creek, said strip of land being
100 feet wide, 50 feet on each side of the center line of the track
of said railroad as it used to lie, measured at right angles thereto;
'also beginning at a point where the center line of the track crossed
.the dividing line between said Sections 22 and 27, thence in a south-
easterly direction along the center line of said railroad track a
distance of 1725 feet to a point which is 1450 feet easterly along
said tract from the center of railroad bridge over Three Mile Creek,
said strip of land being 100 feet wide, 50 feet on each side of the
center line of said track measured at right angles thereto. Also
all right, title or interest which may have been acquired by said
:railroad company by reason of occupation or otherwise to a strip of
•land 50 feet wide on each side of the strip last aforesaid mentioned,
:making a total width of 100 feet on each side of .the center line of
track as it laid, measured at right angles thereto, for a distance of
1725 feet easterly from the point where said railroad track crossed
the line between. Sections 2.2 and 2.7• as aforesaid, containing about
8.1•acres, together with all appurtenances and privileges, and being
the same property as is described of record in said Garfield County
land records in Book 157 at Page 1 thereof, with the right to sell
any portion thereof.
PARCEL NO. 3: That part of the NE4SW4 of Section 22, T. 6 S., R. 89
W., of the 6th P.M., located Southerly and Westerly of the center of
the Roaring Fork River.
PARCEL NO,. 4: Lots 38 and 39 in Block.2, Town of Cardiff, Colorado.
Lots 1 to 18, inclusive and Lots 21 to 26 inclusive in Block 3; Lots
to ll inclusive in Block 4, and all of Block 2, except the southerly
20 feet of- Lots -6" grid 7 of said Block 2, all in the Hughes Addition to
the Town of Cardiff, sometimes known as the Hughes Addition No. 2 to
said townsite, all being a part of the SW4NE 4, NE GNW4, and NW4NE4 of
Section 27, T. 6 S., R. 89 W., of the 6th P.M., excepting easements
and rights-of-way now in existence.
•
PARCEL NO. 5: A tract of land described as follows: Beginning at a
point which lies N. 26°14'20" W. 229.9 feet from the North 4 Corner
of Section 27, T. 6 S., R. 89 W., of the 6th P.M., thence S. 63°46'
W. 170.0 feet, thence S. 26°56' E. 260.2 feet; thence S. 88°39' E.
133.8 feet; thence S. 01°23' W. 248.3 feet; thence S. 26°56' E.
725.1 feet, thence S. 26°46' E. 381.0 feet, thence S. 26°25' E. to
the South line of Block 2 of the Townsite of Cardiff, thence Westerly
along the South Line of Block 2 of the Townsite of Cardiff to the
• Southwest Corner of Lot 41 of said Block 2, thence Southwesterly 50
feet to a point on a curve, said point being 100 feet Northeasterly
Otto Zinko
.Exhibit B-1
(Page 4)
Book 435:,
Page. 346:
from the center of the Old Midland Railroad,. thence Southeasterly
along a line which is 100 feet from and parallel to the center line
of the Old Midland Railroad 420 feet, more or less, to a point on a
radial to the curve at center line Station 3508 ;' 92.3, thence South-
westerly 50.0 feet on a radial to the curve to a point 50 feet from ..
the centerline of the Old Midland Railroad, thence Southeasterly on a
curve to the right along a line which is 50 feet from and parallel to
the center lino of the Old. Midland Railroad to the East line of the
NS44 of the SE4of said described Section 27, thence Northerly along
the East line of said described NW4 of SE4 of Section 27 to the
Southern most Corner of that certain 'tract No. 1 as described in Book
50, Page 272 in the office of the Garfield County Clerk and Recorder,
thence Northwesterly along a curve to the left, which curve is located
115 feet Northeasterly from and parallel to the centerline of the Old
Midland Railroad a distance of 1336 feet plus to the Northwesterly
Corner of that certain tract No. 2 as described in Book 50, Page 272
in the office of the Garfield County Clerk and Recorder, thence North-
easterly .on a radial to the curve and along the Northerly line of said
Tract No. 2, 210 feet to the Northeast corner of said Tract No. 2,
thence Southeasterly along a curve to the right which curve is located
325 feet Northeasterly from and parallel to the center line of the Old.
Midland Railroad 820 feet more or less to the Southeast Corner of the
Sw4 of the NE4 of said described Section 27, thence S. 88°27' E. '351.22
feet, thence N. 30°19' W. 533.7 feet, thence N. 30°19' W. 1231.76 feet,
thence N. 62°57' E. 153.68 feet, thence N. 26°57' W., 1624.9 feet, thenc
S. 63°46' W. 260 feet to the point of beginning.
The W 2SE 4, W1/2NE4, and Lots 1 and 8 of Section 30 and Lot 1, the NE4,
and the NE4SE4, of Section 31, all in T. 6 S., R. 89 W. of the 6th P.M.
containing 636.6 acres, more or less.
EXCEPTIONS
There is further excepted and reserved from the tracts above described
the following: Tract conveyed to Paul J. White and Betty M. White, by
Document recorded under No. 173763, Book 254, Page 327, Garfield County
Clerk's Office; also, tract conveyed to Rader Flying Service, Inc. by
Document recorded under No. 175948, Book 258, Page 212, Garfield County
Clerk's Office; also, tract conveyed to Joe J. Delsas and Phyllis J.
Delsas by Do':urnent recorded under No. 206748, Book 320, Page 247,
Garfield County Clerk's Office; also, tracts conveyed to Margaret
Morgan and R. A. Morgan by Documents recorded under No. 184076, Book
273 and at Page 505; and No. 196047, Book 296, Page 417, Garfield
County Clerk's Office; also, Tract conveyed to James V. Rose by Docurnen
recorded under No. 215218, Book 336, Page 578, Garfield County Clerk's
Office.
There is further excepted and reserved that part of the Glenwood Springz
Airport property described as follows: Beginning at a point on the
North Lire of the Town of Cardiff which lies N. 30°19' W. 1590..3 feet fr
the Southeast Corner of the SW4 of the NE4 of Section 27, T. 6 S, R. 89
4
• Otto Zinko
Exhibit B-1
(Page 5)
Book 435
Page' 347
of the 6th P.M., thence N. 30°19' W. 952.4 feet, thence S. 01°23' W.
102.3 feet to the Northeast corner of Lot 12, Block 4 of Hughes
Addition to Cardiff, thence N. 88°39' W. 420.0 feet along the North
line of said Block 4, thence N. 14°27'56.3" E. 528.78 feet, thence S.
88°39' E. 45.4 feet, thence N. 30°19' W. 197.1 feet, thence N. 59°41'•
E. 118.2 feet, thence S. 26°56' E. 1268.3 feet, thence S. 26°45' E.
381.0 feet, thence N. 89°33' W. 22.8 feet to the point of beginning.
THE roLLowING PARCELS ARE ALSO
EXCEPTED AND RESERVED
PARCEL NO. 1: The E zSW4, SW4SE 4. of Section 27; and that part of the
N E4NW4 and NW4NE4 Section 34, T. 6 S., R. 89 W., 6th P.M.', described
as lying North of a line'described as beginning at a point on the
Westerly line of said NE4NW4 established on the ground by a stone in
position marked DL and situated near the crestof a ridge, thence S.
82°49' E.•1315 feet to a point in the N. and S. center line of said
Section 34, whence the n corner between said Sections 27 and 34 bears
N. 7°40'30" E. 563 feet; thence on same course S. 82°49' E. 1315 feet
to a stake or stone on the E. line of said NW4NE4, all situate in T.
6 S., R. 89 W., 6th P.M.
PARCEL NO. 2: Atract of land situated in the SE qNW G, SW gNE34 and
NWti SE 4 of Section 27, Township 6 South, Range 89 West of the 6th
Principal Meridian, lying Easterly of a. county road as constructed
and in place and Southerly and Westerly of a fence as constructed
and in place, described as follows: Beginning at the intersection
of the East-West center line of said Section 27 with the Easterly
line of said road whence an iron post with a brass cap properly
.marked for the witness point to the North' Quarter Corner of said
Section 27 bears N. 18°30'35" E. 2798.77 feet; thence N. 18°56'44"
W. 36.69 feet along the Easterly line of said road; thence N. 73°20'
• 59" E. 38.23 feet along said fence; thence N. 82°06'12" E. 63.31 feet
along said fence; thence N. 86°20'37" E. 270.00 feet along said fence;
thence N. 85°10'08" E. 785.86 feet along said fence to a point whence
the above described witness point bears N. 05°42'18" W. 2528.76 feet;
thence S. 54°17'37" E. 186.62 feet along said fence; thence S. 53°49'
22" E. 151.66 feet along said fence; thence S. 43°17'21" E. 231.65
feet along said fence; thence S. 13°45'28" E. 432.09 feet along said
fence; thence S. 09°31'33" E. 751.91 feet, more or less, along said
fence to a point on the Southerly line of said N'W1/4SE4; thence N. 88°
26' W. 705.40 feet, more or less, along the Southerly line of said
2`''v1'I4SE1/4 to the Southwest corner thereof; thence N. 01°23' E. 1341.66
feet, more or less, along the Westerly line of said NW1SE4 to the
Northwest corner thereof, being the same as the Southwest corner
of
said SW14NE4 and the Southeast corner of said SE,14NW4; thence N. 88°
28'35" W. 1127.60 feet, more or less, along the Southerly line of
said SE'-4NW14, being the same as the East-West center line of said
Section 27, to a point on the Easterly line of said road, the point
of beginning, containing 20.36 acres, more or. less.
6tto Zinko
Exhibit B-1
(Page 6)
Book 435
Page 348
PARCEL NO.,' 3: A tract of land situated in the SE1/4NWn of Section 27,
Township 6 South, Range 89 West of the 6th Principal Meridian, lying
Westerly of a county road as constructed and in place and Southerly
of a fence as constructed and in place, described as follows: Be-
ginning at the intersection of the East-West center line of said
Section 27 with. the Westerly line of said road whence an iron post
with a brass cap properly marked for the witness point to the. North
Quarter Corner of said Section 27 bears N. 19°35'41" E. 2814.93 feet;
thence N. 88°28'35" W. 148.32 feet, more or less, along the Southerly
line of said SE4NW4, being the same as the East West center line of
said Section 27, to the Southwest corner of said SEWWk; thence N.
00°42'57" E. 109.06 feet, more or less, along the Westerly line of
said SE4NW4 to a point'on said fence; thence N. 81°15'09" E. 45.35
feet along said .fence; thence N. 60°35'44" E. 43.24 feet along said
fence; thence S. 30°56'02" E. 42.16 feet along said fence; thence N.
70°00'36" E. 21.93 feet along said fence to a point on the Westerly
line of said road; thence S. 11°07'44 E. 114.62 feet, more or less,
along the Westerly line of said road to a point on the Southerly line
of said SE'NW , the point of beginning, containing 0.37 of an acre,
more or less.
PARCEL NO. 4: Beginning at a point from whence the Witness Corner to
the South 4 Corner of Section 22 and the North a .Corner of Section
27, T. 6 S., R. 89 W. of the 6th P.M. bears S. -63 °Q5' _E....321-04, feet;
thence S. 81°00' W. 973.78 feet; thence S. 03°.53' W. 77.00 feet;_
thenceS 82°04' W.,_.127..13,,feet, thence ' S. 05°.51 W. 175.57 feet;
thence S. 82°18' W._88.48 feet; thence N. 27°46'..W. 195_40 feet;
thence N.--31°01' W. 244.57 feet; thence N. 27°42' W. 137.44 feet;
thence N. 24°16' W. 37.88 feet; thence N. 71'°32' E. 144.25 feet to
Three Mile Creek; thence continue along Three Nile Creek N. 05°57'
E. 251.52 feet; thence N. 11°43' W. 184.87 feet; thence N. 26°32'
W. 149.90 feet; thence N. 01°48' E. 269.49 feet; thence N. 38°30'
E. 303.87 feet; thence N. x'01°51' E. 209,22 feet; thence N. 36°29'
E. 177.66 feet; thence N. '32°26' W. 170.00 feet to Junction with
Roaring Pork River; thence N. 08°26' E. 30.00 Beet to Center of
Roaring Pork River; thence along centerline of Roaring Fork River
S. 73°10' E. 747.51 feet; thence S. 79°59' E. 383.63 feet; thence
S-.-67°59' E. 127.63 feet; thence S. 50°43' E. 460.85 feet; thence
S. 70°26' E. 424.30 feet; thence S. 55°02'01' E. 260.39 feet;
thence leave Roaring Fork River S. 47°33' W..._1176.04 feet; thence
S. 67°55'._.W. 108,81 feet to the Point of Beginning. Containing
68.853 Acres, more or less.
WATER RIGHTS TO 13E CONVEYED
Together with all water, ditch and reservoir rights belonging to,
used with or appertaining to said property conveyed herein except
the Hughes Garden Ditch and water right and 150 acre feet of the
Hughes Reservoir right which Grantor retains. 'The water, ditch and
reservoir rights conveyed herewith are by Special Warranty Deed .
and include, but not exclusively, the following:
THIS DEED, Made this 2nd say of April .) 13.
between CONGREGATION OF THE )IOL'i. GHOST, WESTERN PROV INE,
INC., a not for profit corporation, a.k.a. THE CONGRE—
GATION OF THE HOLY GHOST AND a'ii: 1:'_`_lC•LLATE HEART 01'
a corporation duly organized and existing under and by virtue of the latus
• of the State of Colorado. of the first part. and
OTTO 11. ZI!K°, E. JAMES FATTOR and 4ILLIAt R. SEAfERG
of the County of Garfield
State of Colorado, of the second put,
\Vt'fNESSETIt, That the said party of the first part, for snd In
consideration of the sum of
Ten Dollars and other good and valuable considerations
to the said party of the first part in hand paid by the said parties of the second part. the receipt whereof is
hereby confessed and acknowledged, Fath remised. released, sold, conveyed and QUIT CLAIMED, land by these pres-
ents doth remise, release. call convey and QUIT CLAIM unto the said part ies of the second pint their ,
heir,. and assigns forever, all the right, titre, interest, claim and demand which the eal4 party of the first part hath
In and to the following described situate, lying and being b the
County of Garfield and State of Colorado, to wit:
That part of the SU1tSE1/4 of Section 22, Township 6 South, Range 89 West of the
6th F.N. located Northeasterly of the center of the Roaring Fork River and
described in Document No. 221256 of the records of the Garfield County Clerk
and Recorder.
Otto Zinko
Exhibit E—
MI! i :luDITbif Iti
APR j 9 1373
•
nflR&.txS,
2
TO HAVE AND TO HOLT) the sante, together with all end eingalar the appurtenances and privileges thereunto .
belonging., or !n anywise thereunto appertaining, a 4 all the estate, right, title, interest and claim whatsoever, of the
said party of the first part, either in law cr equity, to the only proper use, benefit and behoof of the said parties 1
of the second part, their heirs and assigns farerer.
IN 'WITNESS 'WHEREOF, The said party cf the first part bath caused its corporate name to be hereunto
aubscriyed by Ia President, and Its corporate seal to be hereunto affixed, attested by Its
Secretary, the day and year firat above written. CONGREGATION OF THF. HOLY GHOST, WESTERN
PROVINCE, INC., a not for profit corpo—
ration, a.k.a. THE CONGREGATION OF THE
HOLY GHOST ANDT)'E I:2iACUTATE HEART OF
..." �'•-s!�.::I'
Henry/J. F'laninsek
STATE OF COLORADO
Secretary.
of. C f i91Cl-1sa.
The foregoing Instrument was acknowledged before
r' 1\ Icl�•i'(:4 V• I t, GEORGE A. HARCAR
c.;
.`r► •• }} •••:ems. HENRY 3. PLANINSEK w- , ..c),•'. Seeretarr.ol
i • :. : •dflrt:;i.tiA,r1TI111OF THE HOLY GHOST, WESTERN PROVINCE, INC., a not for ut'''t. rupt) ;
' i .c"� :e. ,,o To:�, 1x.k.a. THE CONGREGATION OF THE HOLY GHOST AND THE L' ACULtle • 4s,corpovl oa. v
i r.; .. :•(,r i:;.r;.; m
al commission expires.__.s..1.3.1 `:._a..,.__13_%!_ HEART OF MARY -Y t 7
` . ' .L 0 IV ▪ C.
r?t, rr. r.nii
/MY .,� /��
By George A/ Harcar
t,a thea 2nd
rreeldrat.
day et April
is•••.. Tiaidifistind
1, = "J.'itnr.;r'p.y hsr;d and official e.t.al.
A'. ' \-.t • r-. .
•
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w taa_n n.s.r rr.AlH DttcD.—cur»seen,a y.,,.—u..rr..d rosw,:ar Co_1r14.11$4r.tSt,,.r,D..,,,- o:or,i,.—rr to
ti.
.necoraea at oo cioc1 .. • in.,
Reception No �'2+891f (J
THIS DEED, Made this /1" day of
between
September . 1978
CONGREGATION OF THE HOLY GHOST, WESTERN
PROVINCE, INC.,
a corporation duly organized and existing under and by virtue of the laws
of the State of Colorado, of the first part, and GLKNIWCOD, LTD. , a
Joint Venture,
of the County of Garfield
State of Colorado, of the second part,
'WITNESSETH, That the said party of the first part, for and in
consideration of the sum of
ONE DOLLAR AND OTHER GOOD AND VALUABTE CONSIDERATION Imo,
to the said party of the first part in hand paid by the said part y of the second part, the receipt whereof is
hereby confessed and acknowledged, hath remised, released, sold, conveyed and QUIT CLAIMED, and by these pres-
ents doth remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its
heirs and assigns forever, all the right, title, interest, claim and demandwhich the said party of the first part hath
in and to the following described situate, lying and being in the
County of Garfield and State of Colorado, to wit:
Recorder.
rN i' 1 9 -6F-
That
ei '-
Otto Zinko
Exhibit B-3
That parcel of land beginning at a point on the North line of the Town of
Cardiff which lies North 30°19' West 1,590.3 feet from the Southeast
Corner of the Southwest Quarter of the Northeast Quarter of Section 27,
Township 6 South, Range 89 West of the 6th P.M., thence North 30°19'
West 952.4 feet, thence South 01°23' West 102.3 feet to the Northeast
Corner of Lot 12, Block 4 of Hughes Addition to Cardiff, thence North.
88°39' West 420.0 feet along the North line of said Block 4, thence North
14°27' 56.3" East 528.78 feet, thence South 88°39' East 45.4 feet, thence
North 30°19' West 197.1 feet, thence North 59°41' East 118.2 feet, thence
South 26°56' East 1,268.3 feet, thence South 26°46' East 381.0 feet,
thence North 89°33' West 22.8 feet to the point of beginning.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
said party of the first part, either in law or equity, to the only proper use, benefit and behoof of said part
of the second part, its heirs and assigns forever.
•
IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name,fo`b3e'�ieretitltq.
subscribed by its President, and its corporate seal to be hereunto affixed, attested lzy'it;� \;J,1J S 1
'.
Secretary, the day and year first above written. Q� , -
.
-- •---;.-
Attest: ;77'
_
LONG. .'l EG TION OF THE HO C's. CHOS 1. q..!.1$ y • �.t...
WESTERN PROVINCE, INC.: :ID_ `... '"
By...... -.4::!: e- , fly' , ; /:_.'tt, • '
- - • l resident. -
STATE OF COLORADO 1 ''. ,
Garfield }ss. .3,County of 111
The foregoing instrument was acknowledged before me this 14 th day of September •
1D 78 ., by George C. Reardon
..,. ,..
Jocti� �' . ''Stieeney
CC GREGATION OF THE HOLY GHOST, WESTERN PROVINCE, INC.,
Secretary.
. -Z1117 notarial commission .expires 4/7/80
E.NYtt.ness my hand and official seal.
as
as
President and
Secretary of
a corporation.
-11I8 1 . Fuentes Notary Public.
n
NO. 108-B. QUIT CLAIM DEED. —Corporation Form—Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado -12-1'3
ri
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T1WprMtV,,,a011.m,pp,IL
(0“radoktatel,SC:i •
1
RECEIPT AND OPTION CONTHACT
(VACANT LAND)
OTTO ZIN,K0
RECEIVED FIZO:11
Pu* chaser (..:,W;4;i3iNty,..-0),the sum (.1.$ 1 / 000 00
to held ily
LLc
Otto Zinko
Exhibit B-5
For use in szilk. of
VACANT LAND ONLY
Sep Lember 14 79
„"„4. personal ch6ek-
-
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Ig11..1(iiWYi:454X4.N.Nit, carlie.A niono:%. ad ; .1 t p.i,,.....na to, th..iono%.irip dt%-willo.d tt.d eA.ae .4toate
it: the ______ __ _ _ __ _ Coutit.N of Gari.t.e I u
J.,4„,„!,„ t,,,.,,t: Al 1. of the real
property described on Exhibit "A" annexedhereto,nn it
ad as show!
in approximate boundaries on Ey_hibLL "1.0 annexed hereto, and I.
I
containing approximately 3.42 acres, more or less,
with all eLisements and rights of way appurtenant thoret.., v.i.ich property pu
following- terins and condit ions for the purchase price of 91(;'')°- Q0
hereby receipted for, and the balance of said purchase pr
by survey as hereinafter provided to payable
funds at the time ofdelivery of deed as hereina
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rellasee agrees to bull upon 1.1.- 11.
payable as follows: .1..f_000 .90
ice as determined
in cash or certified
flier provided.
444 •
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N.I.I.g!"-4A11,(1CLA-1;31-1174•Cix al EPEd E EDE .:1 -ca
}tax
4
' 1.Rit.NINts1•1.tiltilif:VeliC4Y...if...:!‘"06'.;ef-ii.li,:".g.Nt:t':,YM.N.1:11•".,;:.h cure eta commitment fur title insurance policy in an
aniount equal to the purchase price, at seller's be furnished the purchaser on or before
October 15 79 yin
deliver the title insurance policy to purch ;after closing and piiy the premium thereon. •
; 2.- Title shall be Illerehaylt.:4111e in the seller, except a stated in this paragraph and in paragraph 8. Subject to
payment or tender as above provided and compliance with the other tL9li and conditions hereunder by put chaser,
cr,sneral
w
_arranty deed :add purchaser
the seller shall e:cecute and deliver a and sufficient
• .
on , 19 ____, or, by wino -El agreement, at an earli
and clear of all taxes, except the general taxes fur 19.79 •
,iyaldeJ.Enuary 1, 19.
Patent Reservations,
free and clear of all liens for special improvements now installed, v..I.othet asse
or ;late, conveying_._said property free
80
and except uS _______ ________
and encumbrances ,
ssed or not; free :End clear of :Ell liens
and except easements for:. any and all. exis Ling easements and rights—of—way
of a public or private nature oT record or visible and apparen,
and subject to building and -,:oning regulations and t he foll.;,..‘ing c.,trictice covenants: thoseof record ,
if any.
2. General taxes fur t he year of at; shall be :Epp°, tiotiod to date (11dvli' of deed based on the nio,t tecent
levy:mdthentostrue!.ntas:wssmqit.Prep:EidioNts,waterrents..wwerrents,:mdniterestEmencumbrant-.....ifio.E.,
any similar assessments,
i I
II shall be apportioned to date of delivery of deed.
I
No. SC26.12-77. und fy4iI41, elptitritet(V1,1 hid ; ,t
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Otto Zinko
Exhibit B-5 .
(Page 2)
. SL! ex -
a. The h. ratti tt ue ofelu:t;!.4.11 bt• .tt.t;ttatt•.t:
5. I'uaec•:,1.11 of pt etoi.e..Irt:i i,t• tlehvt•rcd to Purrh,, _. „tt or delivery of (4arr:_ill ty_
decd as_above provided.
subject to tLr t tllutt irtg leases or ten.u1c res:. Molle
ti. In the event the in einiseS :ti& .t.il.,t•tnttall)' tLu;ta,:.',1 by fire, :lout! car utlu r casualty between ti,e date •.t this
t reetttt:rtt and i the date of possession car the date cat deli',1 _, of decal, v: iuche,.er _:hall he tattier, this a;;rce;,:••nt out)',
at the option of the purchaser herein, be declared null ::::.1 void and any ttet,u..it herein made shalt Le immediately
returned to purchaser.
7. Time i; of the essence hereat, slid it any payt1,e::t 1,r any other condition hereof is not made, tendered or
performed as herein provided, there shall be the tollowit,,. :.•t:wdies. Ica the event a payment or any other condition
hereof is not trade. tendered or perforated 1v the Murch:t.,:, then this contract shad be hull and void and of no effect,
and both parties hereto released from all obligations Iter.:::rater, and all payments made hereon shall be retained ort
behalf of the seller as liquidated damages. itt t1 .r even: :bat. the seller fail, to perform any condition hereof as
provided herein, then the purchaser may, at his eketiot .:n cat the contract as terminated, and all p:tynient.; trade
hereunder shall be returned t.; the p car. itaser: provided, i..r..t.t r, that t!.e'purch.tser may, at his election, treat this
contract as being in full force ;ttttl effect with the tight to ;::.::,lion for sl,rc:Lir performance and damage.;.
8. Except as stated in paragraph 2, if title is not t1:e:•:i:;:t.tabte ;rid written notice of defect(s) is give;: by the
purcityser or purchaser's agent to the ..eller or seller's ,t;;.:.: itltiit the ti herein provided for delivery of deed and
,hall not be rendered tnerchatttabia within 30 days anter . written notice, then this contract, at purch;ts•v's option,
shall be Void and of no effect and rash pari y hereto shall be :.:1. ;tsed from all obligations hereunder and the payments
,•.
,nada her2uuiier shall be returned forthwith to purclta::.•r ::iron rett:ru of the abstract, if any, to sel!e�,provided,
huwev.er, that in lien of curt ecting such defect(:), seller r.:;.;.:..1 hitt said :Al days, obtain a commitment for Owner's title
insurance policy in the amount of the put chase price rett.-.:::t;; title iu.:ur;utce protection in regard to such defect(s),
and the purchaser shall have t}:e Option of accepting tate t i..:t existing in:.ured title in lieu of such ttterchanta},k title.
The seller shall pay the full premium fur ,uclt owner's title :tr:race policy, .nil the ubstrat t, it any, shat be returned
by the purchaser.
9. Additional provisions: (1.) Pt11:cii.t2er late +t is L i1_l.l. cattje Ulr? i?i.0fx r'Ly describe_ -d on Exhib.
A zinnexed hereto• to be surveyed by i1 registered ::d :iu1:vL:,or by not later thZh October 10, .979
and the total acreage of said p ctrl. shall. L ct.__� lit :t Ly sai.ci :,urve or. The total purch<:ce pr_
.shallt.r_:rr be determined by itiultip.I.y i lig t ll _' iol_.:_ _:,_:nb er of acres by $9,000.00. `i'I.Fi enc of
such survey shall be borne by • . (2) 1.:_ r orpc-ncc o1 this agreement by Purchaser-_ i.s ex-
pressly contin,;.ant upon Pu.rchascr tip,!ing t_,b_lc to the rczoning of said property to the.
stud@ zone district designation as the Z)rul?L'i:t:y :)oiniIltl on the South. and East bound:_:x .os thCrco1
10. 1f this proposal is accepted by the seller in writ:,.;;• oil or before ... ---. -• --,., 19this
instrument shall beconte a contract between seller and ;.arc baser and shall inure to the benefit of the heirs,
successors and as.signs of such parties.
--- -- —
P,acbaser
Otto snko trate
Purchase: Date
Agent .._.
Seller accepts the. above{�proposal this—/tday' of �� r , 191. Ew"1...er ic,e..•.;
:t, I.1j:.:III:J:D1rcG iC.“.a:llnl.U.:43ie;{;;tiC-_._.::uzxib::rliu Q._,:_ -•'_i_ •iICY'id,;' iiii.N-,41r:lilt.::;.;rx}i(.titi::t!_i.t. I,t:':;; ei:{.ii!
St 2 [: i 3tL.{Ct;,'J1L.{t3'aria...i.;tXr-a..-.u1,gi_ --::lair t t• ::•t' c ' ii::� • i{1•.
bi•�i- ''- =;•= ,i;-`%'iitiu:uL._...:Liit.,ti: t:_,+3 Jfrl3:ttVifJ:CIcL1;.;L>ii�7C1i,::GI}:,: ►�11v','?‹
}"...1r:1.st•' i},;::YaZL\nt::i: Ilii. is.:f;xL3t;, _ti v',1 ::•:?:Ci;:L•1: _ja;.0id:---.1:X.i.K.Ir.t'a1S Fs: 1.i..›U_Kti;:iri:Zi.%.I •iii
GLENO':OOI LTD., a Jo:nt Venture, .UI: Valley V'.et•r, Ltd., a Joint Venture
By: I3y -
—Oh Giilko—'oirlt Venturer-_�:
n Joint Vc.Iturer
Purchaser's Address --—•—_---. —__.--
Seller's Address
/14/2,944A
l:
Joint Venturer
Gnt Venturer
• - _Jr,; V< _ n t carer
L�
* and also cn the (.2x -caption of tii.is -t:rc�li Slx}J LLVi, i e ry.ii %f c_s of Garfie
County, Colorado. In the event ell:h:.r Of: the e C_ :Lx.r1!:)encies cannot_ be per foritz<rci prior to date
of c'e1ivery of decd, this agreement stlal.l i:tip tL x : �l:.:Led uli�i all monies paid huLetu'ider by Purchase
shall be forthwith refunded.
clivi.;_:Oi t
of
LI 1c
1
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- EXHIBIT
far
10
?1_85-271-00-012 1 -1R -1)P
-1-89
_
;:. 27. A tr. in the l\P- cont.
3. 42Ac . desc . as fo 1 lows : Ling
)oonded on the E. by the Glenwood
;pgs. Airport, on the W. by the
. Bdy. of Hughos Add. extended
. to the W. line of 'Glenwood
irport, on the So. by the
ardiff Sub -Div.
Total 3:42Ac.
Otto Zinko .
Exhibit B-5
(Page 3)
GRANTEE LiOOK
•Glenwood ttd. 459/
Zinko, Otto H.
-1&t,--National -flank-of- .- •
Grd. Junction
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PAGiI/ Kit4c) OF
r_;AT E REMARK:,
I 114;7 PtimirIT i
i .
I ----,
71. 4 7, 555 , 489. ,_481 ;47_3 ; __435/350.,-343.---
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