HomeMy WebLinkAbout1.0 ApplicationTHOMAS W. STUVER
RUSSELL GEORGE
• •
STUVER & GEORGE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. 0. BOX 907
RIFLE. COLORADO 81650
October 13, 1987
Mark Bean
Garfield County Planner
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Dear Mr. Bean:
TELEPHONE 303 - 625-1887
Re: Acreage at 2845 Highway 6 & 24, Rifle, Colorado
This will supplement my letter to you of October 7, 1987.
I am representing the Aspen Limousine Service, which has
entered into a contract to purchase the above -referenced
acreage. I am authorized by the current owners of the
property, Richard E. White and Atta Dee White, to apply
for such approvals, including a special use permit, as
may be necessary to allow the use of this subject property
intended by my client. It is therefore my request that
this submittal, together with my earlier letter, be con-
sidered an application for a special use permit under § 9.03
of the Garfield County Zoning Resolution.
Herewith please find:
1. Vicinity map (U.S.G.S.).
2. Portion of December, 1982, Flood Plain Study plat
with schematic layout of improvements and elevations.
3. Copy of deed describing subject property.
4. Copy of water well information.,i
5. Copy of septic system permit.
6. List of adjoining lot owners.
In light of the fact that the property has been under con-
tinuous use since 1974 or 1975 and no changes are anticipated
in the basic use of this property, the applicant requests
a waiver of so much of the $500 application fee as the
Board of Commissioners may deem appropriate. Our check
• 1
Mark Bean
Page 2
October 13, 1987
for $250 is tendered herewith. I request that the public
hearing on this application be scheduled for November 2,
1987. Thank you for your consideration.
Very truly yours,
STUVER & GEORGE, P
/
Com.
Thomas W. Stuver
TWS:llg
Enclosures
cc Robert Regulski
Robert Meisner
Richard White
nWj •
GRAND JUNCTION 65 MI.
RIFLE 2 MI. _
CO
71
4463 11l SE 01 lr
(RIFLE)
0
I
r
o (A
• 1
Nn
it
�'R93W (i)h
R 92 W
ov,
0
•
SHERIFF'S DEED
Ac- -414 -* 3S - S
'-t
7/t
WHEREAS, RICHARD E. WHITE and ATTA DEE WHITE did in the
District Court for the County of Garfield, State of Colorado, in
Consolidated Civil Action 85CV141, recover a judgment against WHITE AND
SONS CONSTRUCTION, INC. for the sum of TWO HUNDRED THIRTY-EIGHT THOUSAND
EIGHT HUNDRED TWENTY-EIGHT DOLLARS AND NINETY-FOUR CENTS ($238,828.94),
together with interest at 18% per annum from date of judgment, and
additional costs and attorney's fees; and said Judgment dated December
19, 1986, constituted a special writ of execution directed to the Sheriff
of Garfield County, Colorado; and
WHEREAS, pursuant to and by virtue of said Judgment, Decree and
Order, the real estate hereinafter described was sold at Sheriff's Sale
on February 20, 1937 to RICHARD E. WHITE and ATTA DEE WHITE, whose address
is 1801 West Second, Rifle, Colorado 81550; and
WHEREAS, the period provided by law for redemption from said sale
has expired and no redemption has been made;
NOW, THEREFORE, I, Verne E. Soucie, Sheriff of Garfield County,
by and through Donald Schneider, Undersheriff of Garfield County, Colorado
in consideration of the premises, have granted and sold, and do hereby
convey to the said RICHARD E. WHiTE and ATTQ. DEE WHITE, as joint tenants,
the following described real property in Garfield County, Colorado, to -wit:
A tract of land in Garfield County, Colorado, situate in
the of Section 11, Township 6 South, Range 93 West
of the 6th P.M., described as follows:
Beginning at a point on the North right-of-way of Highway
6 & 24, whence the East quarter corner of said Section 11
bears S. 89°48'45" E. 1016.86 feet; thence N. 89°43'45" W.,
1203.11 feet; thence S. 0°12'0" E., 597.08 feet; thence along
the North right-of-way of Highway 6 & 24 N. 63°43'0" E.,
1339.50 feet to the point of beginning. Together with .78
of a share of stock in the Grand River Ditch Company as
represented by Certificate No. 437.
TO HAVE AND TO HOLD the same with all improvements thereon and all
the appurtenances thereunto belonging, forever.
Witness my hand this 6 qday of May , 1987.
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
onald Schne •er, n•ersher ff
of Garfield County, Colorado
The foregoing was acknowledged before me this e z4 day of May, 1987
by Donald Schneider, Undersheriff of Garfield County, Colorado.
Witness my hand and official seal.
My commission expires: My Commission Expires Juno 4, 1988
copY
GARFIOD COUNTY DEPAR1MLNl OF ENVIRONMENTAL HEAL l li
2014 Blake Avenue
Glenwood Springs, Colorado 81601
PERMIT # S
Owner tirh*t & Son,' Construction Inc.
(this does not constitute
a building or use permit)
System Location' tifghwn v 6
& 24 - Rtfla
`
- Licensed Contractor
Owner
Conditional Construction approval is hereby granted for a p
Septic Tank'or • Aerated treatment unit.
ee.
Ams
Absorption area (or dipersal area) computed as.',follows:
e
Pere rate i
% inches in -.5-4) minutes sq, ft.
absorption area per bedroom see
pans
gallon
#:of bedrooms x sq. ft. minimum requirement
May we suggest.: ; Plans and sneci fi ca ° i ons ep rav ti :; ttaac!i A
Date 197E • Inspector
FINAL APPROVAL OF SYSTEM:
•
iliTazilCcleandut to within 12 of final grade or aerated access poets above grad
Proper materials and assembly.
Adequate absorption (or dispersal) area.
Adequate compliance with permit requirements,
Adequate compliance with County and State regulations/requirements,
Date Inspector
RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE
*CONDITIONS:
• A. All installation must comply with all requirements of the County Individual Sewage Disposal Regulations,
adopted pursuant to authority granted in 66-44-4, CRS 1963, amended 66-3-14, CRS 1963.
2 This; permit invalid only for connection to structures which have fully complied with County Zoning and
building requirements. Connection to or use with any dwelling or structures not approved by the building
and: Zoning office shall automatically he a violation of a requirement of the permit and cause for both
legal action and revocation of the permit.
3.;. Section III, 3.24 requires any person who.constructs, alters, or installs an individual sewage disposal
;:system in.a.manner,which involves a knowing and material variation from the terms or specifications con-
tained in the application of permit commits a Class I, Petty Offense ($600.00 fine - 6 months in jail or
hnth
Owner:
TCATION
Da t,2
NOTIFICA ]ON OF PROPOSED DISCHARGE TO WATERS OF THE STATE*
INDIVIDUAL HOME SEWAGE TREATMENT SYSTEM**
Mail Address:
QNSTi CIBC,.
City: ICp1�-�£� Zip:
P ( 65-1 Phon Z S -2. 7 ;
INFORMATION REGAPDING PROJECT SUBMITTED FOR REVIEW
Attach separate sheets or report showing_ entire area with respect to surrounding areas,
topography of area, habitable buildings, location of potable water wells, soil percola-
tion test holes, soil profiles in test holes.
1. Location of facility: County bra SFr ic_Ljj City or Town ,e,r�- L_,c
Legal Description
2. No. of Bedrooms
4,I/7/(Li—/?/0-!;/1)A ,-Cot Size . rq
(
Septic Tank Capacity Aeration Unit Capacity
3. Source of Domestic Water: Public (name):
Private: Well x Depth/4;6 B Other Depth to first
--i"—` P ground water table
4. Is facility within boundaries of a city/town or sanitation district? AJo
5. Distance to nearest sewer system: 12/f
Have you attempted to arrange a connection with the system?
If rejected, what was the reason?
6. Rate of absorption in test holes shown on;the location map, iinutes per inc of
drop in water level after holes have been soaked fo 24 hours,"
' .e,E72/ /7 F ZV fV 7 / (pop Z f (1,f1. ,
7. Name, address, and telephone of person who mule soil absorption Ctests:
�
.C,9 -7710f /7 <,.v/L" 4y -VC j ma67_77c�
(— L) _
B. Name, address, and telephone of person responsible for design of the system:
4cJ6, L.D O K-4 &O k/t-/C, (G / J.0oJl c 47 _2_ Ca
3. Express permission is hereby granted for the inspection of the above property by any
member of the Garfield County Environmental Health Department and/or such persons as
they may designate. Any withdrawal of this permission shall be in writing and receipt
acknowledged by the County Environmental Health Department.
). I have been given an opportunity to read the Individual Disposal Systems Regulations of
Garfield County and I hereby agree to comply with all terms, conditions and requirements
included therein.
/ _ 5—p I
( � bat62a°4-,LJP
(TO BE RETURNED TO HEALTH DEPT.)
Signatu e of 'wner
January 22, 1976
Mr. Roger Hocking
ELDORADO ENGINEERING
818 Colorado Avenue
Glenwood Springs, CO 81601
.Re: White & Sons' Individual Sewage
Dear Roger:
In reference to the above, please be
and specifirations and hereby rescind the
office for the following reasons:
Disposal System
advised I have re -reviewed the plans
letter of December 17, 1975 from this
1. Due to the sump pump and reduced blockage potential, may we suggest a
clean-out be installed to accommodate the gravity line between the lank
and trenches.
Due to the fact the absorption trenches are only marginally over 100 feet
and that the septic tank -is for 500 gallons oversized,` we see no reason
to. object on your proposal,
Please be advised tlat`10 feet Olt be required between` the property
line and the edge of the nearest trench.
-4. Also please be advised that 4 inches off' straw, hay, or untreated building
paper will be required over the gravel in the trenches.
5. Finally, no specifications will be required for the sump pump.
In view of the above listed items, it is my opinion that there is no reason
to consider your proposal as "experimental" and you are hereby notified that
Permit #240 will be issued to White A Sons, Inc. as approved.
Very truly yours,
ENVIRONMENTAL HEALTH DEPARTMENT
Edward L. Feld
Acting Director
ELF/tis
•
GARFIELD COUNO
DEPARTMENT OF HEAL171 &
ENVIRONMENTAL PROTECTION
2014 BLAKE AVENUE GLENWOOD SPRINGS, COLORADO 81601
December 17, 1975
Mr. Roger Hocking
ELDORADO ENGINEERING
818 Colorado Avenue
Glenwood Springs, CO 81601
Dear Roger:
PRONE 9457:
In regard to your plans and specs for White & Sons' sewage disposal facility,
I find no major difficulties with the system; however, I would note the following
points:
1. Apparently the gravity line from the sump pump to the field exceeds
200 feet in length without provisions for a cleanout (however, since
the material will pass through a pump, it may be suitable to assume
that the potential for blockage is thereby substantially reduced).
2. The absorption trenches exceed the normal maximum of 100 feet, (however,
in view of the pump station involved, it may be suitable to assume that
the potential for blockage is thereby substantially reduced). Individual
Disposal Systems Regulations 5.5(A).
3. It appears from the drawings submitted that the north trench is less
than 10 feet from the property line as required by the code.
4. Cross section of the trench indicates an absence of a normal straw or
untreated paper barrier between the sand layer and the gravel bed.
Individual Disposal Systems Regulations 5,5(A),
5. No specs are included for the sump pump installation, maintenance require-
m.nts, etc.
Therefore, in view of the above considerations, it would appear appropriate to
consider this system to be a new or experimental design and permit issued accord-
ingly. Since the system is fairly simple, it would appear that a two year testing
period would be more than ample on those tests to consist solely of periodic obser-
vations by the Health Department. Such observations would necessitate accessibility
to the sump pump area, distribution box and simple inspection ports at the westerly
end of the field.
This relatively simple procedure can enable this type of design to be added to
the Acceptable Design List and used at other similar situations.
It should be understood that such an experimental permit would include all of
the conditions of Section 9 in the Individual Disposal Systems Code. If you feel
this is acceptable to you and your client, please advise us in writing and include
the signed agreement required under 9.2(F).
Mr. Roger Hocking
December 17, 1975
Page Two
If we can be of any assistance, please do not hesitate to contact this office.
Sincerely,
ENVIRONMENTAL HEALTH DEPARTMENT
Lamont L. Kinkade, R.P.S.
Director
LLK/tls
P.S. It is our sincere hope that this system can be added to the Acceptable
Design List and to be provided a reasonable alternative to aerated treat-
ment in those situations where it may be deemed appropriate.
• •
ADJACENT LAND OWNERS
Scott and Linda Sue Brynildson
1831 Railroad Avenue
Rifle, CO 81650
Alex C. and Velma Urquhart
2853 Picardy Drive
Grand Junction, CO 81501
A. K. Trash Removal Service, Inc.
P.O. Box 16290
Houston, TX 77222
George and Ardis Green
0603 County Road 221
Rifle, CO 81650
Richard N. Casey
27858 Highway 6 & 24
P.O. Box 1815
Rifle, CO 81650
THOMAS W. STUVER
RUSSELL GEORGE
• •
STUVER & GEORGE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. O. BOX 907
RIFLE. COLORADO 81650
October 7, 1987
Mark Bean
Garfield County Planner
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Dear Mr. Bean:
Re: Acreage at 2845 Highway 6 & 24, Rifle, Colorado
TELEPHONE 303 - 625-1887
I represent a potential purchaser of the above -referenced
property. Dick White, the current owner, recently discussed
with you the subject of permissible uses on the property in
anticipation of this sale.
I am submitting herewith an outline of the current and pre-
vious uses of the subject property prepared by the Whites. I
understand the property is zoned A/I. The history of uses as
outlined by Mr. White appears consistent with special uses
for this zone under § 3.01.03 of the County Zoning Resolu-
tion, but the uses have been continuous since the early 1970s
and the property may represent a "prior nonconforming use."
In any event, the potential purchaser would utilize the
property for storage and maintenance and as a depot or
staging area for a bus and limousine service covering the
geographic area for Aspen to Grand Junction. A significant
number of employees would be engaged..An the maintenance,
storage, and depot operations. -N-o- 'assengers would be
involved in the activity confined to the premises.
Would you please review this matter with the County legal
staff, if you deem it appropriate, and advise me whether my
client's intended use of this property is permissible without
further processing. Your prompt response to this request
would be appreciated as this purchase is scheduled to close,
contingent upon your analysis, by November 1, 1987.
Very truly yours,
STUVER GEORGE P.C.
/t --
T .aCs tuver
TWS:llg
Enclosure
cc Robert Regulski
Robert Meisner
Richard White
• •
OUTLINE OF CURRENT AND PREVIOUS USES
Richard E. White, owner of White & Sons Construction,
Inc., bought the subject property in 1974. At the time it was
purchased, it was zoned agricultural -industrial and we were issued
either a special use permit or a variance.
Following the issuance of the special use permit or the
variance, we built a shop and office on the property. Several
years later, approximately 1979, we built a wash house for the
cleaning of equipment.
The past and present uses of the property are as
follows:
1. Storing and repairing approximately 100 pieces of
various construction equipment and all construction materials.
2. Dispatching from the facility approximately 40
licensed vehicles (dump trucks, belly dumps, lowboys, cranes, and
pickups).
3. Dispatching approximately 13, 47 -passenger buses 24
hours per day during the period that Occidental Oil Shale was
active in the oil shale industry, and handling the maintenance,
clean-up, and fueling of the buses.
4. Presently renting to Don Vance, Jr., for a trucking
operation.
In the vicinity there are two ready -mix operations, a
salvage yard, a mobile home park, a welding shop, a service
station, an auto repair shop, and a pre -cast concrete plant.
We believe the use of this facility as a warehouse
staging area for Aspen Limousine Service has the possibility of
generating a good tax base for Garfield County, plus a healthy
payroll as most of the employees would be located in Garfield
County.
Richard E. White and
Atta D. White
Meeting #57
Members Present
GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT
November 21, 1974
County Officials Present
Dave Stacey, Chairman
Dr. Jackson
Richard Jolley
James Rogers
Ed Wilson
Citizens Present
Attorney John Kemp
Richard White
Roger Hocking
Alex Urquhart
W. C. Milner
Larry R. Schmueser
Kay Johnson, Recording Secretary
Ed Feld
The meeting was called to order at 4:00 P.M. by Dave Stacey, Chairman.
MOTION: made by Ed Wilson and seconded by James Rogers to approve the
minutes as written.
Board Vote:
Dave Stacey aye Richard Jolley
Carter Jackson aye James Rogers
Ed Wfisorr,. dye.
aye
aye
:The ,Whiter&.Sons Construction, Inc. was the only application to be -considered
: at this meting.
Submitted and made a part of this' record was an
application with attached drawing of property, the proof of publication,
receipts/from registered mailings and the fee of $10.00.
Attorney Kemp stated that he represented White & Sons Construction, Inc,
and explained why White Construction Company wanted this variance.
He explained that the property now is zoned Agricultural/Industrial but
is not suitable for agriculture. The property now has a non -conforming
trailer on it which would be removed and replaced with a nicer looking
structure. He stated to the north of the property is a field, to the
west is a junk yard and west of the junk yard is a service station,
and to the east is a drive-in.
He stated that the basis for granting this variance is provision 7.05.03
(Action by the Board of Adjustment) of the Zoning Resolutions which he
quoted: "or by reason of exceptional topographic conditions or other
extraordinary and exceptional situation or condition of such piece of
property". They want this variance to allow a construction equipment
office building and a yard which would be completely surrounded by fencing.
Page 2
Mr. Kemp went to to say that this area is not suitable for agriculture because
of the acreage involved and the unusual shape of the property. It is most
suited for this type of building and such building would improve the looks
of the property.
Larry Schmueser stated that this area would not qualify for a zone change.
Discussion went on. by.the Board members and they all agreed that it would
•be an improvement to the property and the new building would enhance the
site.
MOTION: made by Carter Jackson and seconded by Ed Wilson that the
variance be granted to White & Sons Construction, Inc. to build this
building as represented on the maps.
Board Vote:
Dave Stacey aye
Carter Jackson aye
Ed Wilson aye
The meeting was adjourned at 4:35 P.P.
Respectfully submitted,
ave S •cey for
Chairman
Richard Jolley
James Rogers
DRi char. 4 Tey
Secret
aye
aye
ohnson"
Recording Secretary
CENTRAL AGGREGATES, INC.
P. 0. BOX 26
RIFLE, COLORADO 81650
(303) 625-2598
June 3, 1988
Garfield County Planning Department
109 Eighth Street
Glenwood Springs, Colorado 81601
Gentlemen:
FCE E�
UN 06 1988
(;ARF1ELU COUNTY
The purpose of this letter is to notify you that we have acquired the
West Rifle Pit from Richard E. and Atta Dee White and the Special Use
Permit No. 84-83. Enclosed you will find a copy of the Warranty Deed
transferring this property to Central Aggregates, Inc.
If you have any questions, please do not hesitate to contact our
office.
Sincerely,
Cl d,e R. Dochort
President
Recorded at '//j(/� o'clock L! M.,
Reception
Reception No 3S B. /� '�+'rC�..r 4.Recorder.
7!"
•ti Pyr: 5?
THIS DEED, Made this 10th day of May , 1988 , between
RICHARD E. WHITE and ATTA DEE WHITE
of the County of
GMELD
FPAY 10 198B
State Doc: Fee
�22_
El Paso , and State of Colorado, of the first part, and
CENTRAL AGGREGATES, INC., a Colorado corporation
a corporation duly organized and existing under and by virtue of the laws of the State of Colorado
of the second part; whose legal address is P 0 Box 26, Rifle, Colorado 81650
WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of
DOLLARS and other good and valuable consideration
TEN
DlA)>W4'14Pc,
to the said part ies of the first part in hand paid by the said party 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 party of the second part, its successors and assigns forever,
all of the following described or parcel of land, situate, lying and being in the
County of Garfield , and State of Colorado, to wit:
A parcel of land lying south of the Denver and Rio Grande Western Railroad
in Section 17, Township 6 South, Range 93 West of the 6th P.M. being more fully
described as follows:
Beginning at a point on the southerly right of way line of the Denver and
Rio Grande Western Railroad (as indicated by a fence line intersection in place)
whence the North Quarter Corner of said Section 27, Tp. 6 S., R. 93 W. of the
6th P.M. bears N. 36°01'24" W., 2357.41 feet; thence S. 88°24'00" W. 1388.00
feet along said southerly right of way to a fence line intersection; thence S.
1°54'00" W. 393.00 feet along a fence line in place; thence S. 2°13'00" W.
1070.00 feet along a fence line in place to a point on the northerly meander
line of the Colorado River (February 1981); thence along said meander line the
following three courses: S. 69°46'50" E. 320.24 feet; thence S. 53°05'42" E.
295.19 feet; thence S. 66°30'10" E. 336.30 feet to a point being the intersection
of the current meander line with the westerly most boundary of the parcel of
land described in Document No. 175932 of the records of Garfield County,
Colorado; thence along a portion of the westerly boundary of said property
described in Document No. 175932 the following seven courses:
N. 0°23'00" W. 1130.54 feet;
thence N. 89°37'00" E. 31.00 feet;
thence N. 0°23'00" W. 38.80 feet;
thence N. 84°47'00" E. 546.56 feet;
thence N. 11°54'00" E. 64.97 feet;
thence N. 90°00'00" E. 22.00 feet;
thence N. 0°32'00" W. 650.00 feet to the point of beginning.
Also of 1 cubic foot of water per second of time out of the Pioneer Ditch,
together with all ditch and water rights connected therewith and together with
all well water and well rights appurtenant to the described property.
Also, a conditional water right consisting of the West Rifle Pit Pumping
Plant, adjudicated by decree dated March 18, 1982 for 1 cubic foot of water per
second of time of industrial use with a priority date of November, 1980, as
originally decreed in Case No. 81CW275, and for which reasonable diligence
thereon was decreed in Case No. 86CW013 of Water District No. 5.
Also, a conditional water right consisting of the West Rifle Pit, being
10 acre feet of storage water for piscatorial and recreation use, with a priority
date of May 1, 1981 as decreed on February 8, 1982 in original Case No. 81CW111,
and for which reasonable diligence was found in Case No. 85CW268 of Water
District No. 5.
No. 995. –W AI.I ANTY DEED—Long Form Individual to Corporation. --Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado–f,-79
r -,,r 734 per E 54
Also, a Special Use Permit from Garfield County, Colorado for the extraction
of sand and gravel as set forth in Resolution No. 84-83 of the County of
Garfield, State of Colorado.
Also, a permit from the Mined Land Reclamation Board, Permit No. M81-006
for the extraction of sand and gravel upon the subject property.
Also, a railroad crossing permit granted to the subject property by the
Denver and Rio Grande Western Railroad and standing in the name of the First
Parties.
Subject to a first deed of trust dated January 22, 1981 recorded September 3,
1981 as Reception No. 318809, in Book 580, at Page 596 of the Garfield County
records with an unpaid principal balance of $81,318.16 which second party hereby
assumes and agrees to pay according to the extension agreement set forth in
that certain Contract For Sale And Purchase Of Real Estate dated April 26, 1988
between Richard E. White and Atta Dee White, Sellers, and Con -Sy, Inc., Buyer,
and consented to by Marvin L. Hopper and Cora Irene Hopper.
also known as street and number
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 ies 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 party of the second part, its successors and assigns forever. And the said
part ies of the first part, for them selves
heirs, executors and administrators, do covenant, grant, bargain and agree to and with the said party of the
second part, its successors and assigns, that at the time of the ensealing and delivery of these presents
they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate
of inheritance, in law, in fee simple, and ha ve 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 soeve
excepting, however 1987 general property taxes and special assessments due and
payable in 1988, United States patent reservations and exceptions of record;
easements and rights of way of a public or private nature of record; prior
miner::1 reservations, if anv, of record, and excepting that certain Agreement
c ,'•,-,iants Restricting The Use 01 Land dated August 6, } 985 between First
.ohert C. Sc•}i 't 1. {1-Ity 1-ItTon Sc honck.
B?"fir 7'34 Pr':E 55
and the above bargained premises in the quiet and peaceaLle possession of the said party of the second part, its
successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part
I thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said part ies of the first part ha ve hereunto set their
hand s and seal s the day and year first above written.
Signed, Sealed and Delivered in Presence of
STATE OF COLORADO,
County of Garfield
The foregoing instrument was acknowledged before me this day of May
Richard '"'E: 'White, by Atta Dee
White, Attorney in Fact
(SEAL)
SEAL)
(SEAL)
(SEAL)
6Cii
"'" Atta'"Dee TA, (SEAL)
(SEAL)
}ss.
19.88•,by Richard E. White, by Atta Dee White, Attorney in Fact and
Attie DEe`White
.N ,l'r 'Iyr fit fission expires � 'L2
t'• '
,1917. Witness my hand and official seal.
Notary Public.