HomeMy WebLinkAbout1.0 ApplicationFeb 03 04 12:41p BESTWRY SERVICES
BID (service and materials)
BESTWAY SERVICES
Date: 2/2/1904
Job Number
TO:
HIGH LONESOME RANCH
PO BOX 88
OEBEQUE, CO 81630
Phone Number
Fax Number 970-283-5227
(8701242-2163 p.1
We are pleased to submit the following bid:
Job Description: Provide portable restroom(s) as needed per our conversation
Service will be as requested by you.
MATERIALS
DESCRIPTION
UNIT PRICE
TOTAL.
1.00 Portable Restroom
70.00
7000
0.00 2 or more units
60.00
r
HOUR
DESCRIPTION
Materials total:
CHARGES
00
TOTAL.
1.0
e
(a
requested)
Price valid unlit:
Service total
Total Gd price:
70.00
Garfield County
January 5, 2004
Attn: Gene Reed & Buzz Cox
#10 Enterprises DBA High Lonesome Lodge
P. O. Box 88
0275 County Road 222
Debeque, CO 81630
BUILDING & PLANNING DEPARTMENT
RE: Special Use Permit request for a "Shooting Range Facility"
Dear Gene and Buzz,
As you are aware, on Monday January 5, 2004, the Board of County Commissioners approved
your Special Use Permit request for a Shooting Range Facility at the High Lonesome Lodge with
the following conditions:
A) The applicant shall install permanent signeage along CR 200 intended to inform oncoming
motorists travelling in both directions that they are approaching and will be driving by a shooting
range,
/2) Any lighting installed at the shooting range facility shall be directed downward and inward.
3-) The Applicant shall provide a copy of an executed contract to the Building and Planning
V Department which shows that sanitation service has been obtained for the site prior to the
issuance of a special use permit.
�/ 4) No alcoholic beverages shall be allowed on the shooting range site at any time. This requirement
shall be posted on pei inanent signs at the shooting range facility. If someone appears to be
intoxicated, they shall be removed immediately from the range.
t/5) The property boundaries of the adjoining BLM land shall be posted to alert any public on the
BLM land that they are nearing private property containing a shooting range facility.
_4) The applicant shall follow the applicable recommendations regarding outdoor ranges as provided
in the NRA "Range Source Book."
J7) The Applicant shall install 6' (4" x 4") posts (from grade) that can hold 2' x 2' red flags which
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
are used by the range every time the range is "in use" as an extra notification to motorists. The
flags may be taken down once the activities of the range are completed for the day.
As we discussed, you will need to prove that you have complied with or completed all of the
conditions required by the Board so that this office may provide you with your Special Use
Permit. Feel free to contact this office if you have any questions.
Very truly yours,
arman, AI
970.945.8212
Exhibits 01/05/04
4 A-04 cc '5'
G 2 vlc..
4.7047.1 u.2
5 ot2
644,
-Mail
Receipts
B
Proof of Publication
C
Garfield County Zoning Regulations
D
Garfield County Comprehensive Plan of 2000
E
Application
F
Staff Memorandum
G
Email correspondence with the NRA and Staff dated 12/30/03
4 A-04 cc '5'
G 2 vlc..
4.7047.1 u.2
5 ot2
644,
BOCC 01/05/03
FJ
PROJECT INFORMATION AND STAFF COMMENTS
REOUEST: Special Use Permit request for a "Shooting Range
Facility"
APPLICANT (OWNER): #10 Enterprises, LLC aka High Lonesome Lodge
REPRESENTATIVE: Gene Hilton / Buzz Cox
LOCATION: Northwest of DeBeque, CO
SUBJECT SITE DATA: 1.5 acres of entire ranch property (13,000 acres)
ACCESS: County Road 200 (North Dry Fork Road)
EXISTING ZONING:
Resource Lands (R/L): Gentle Slopes and Lower
Valley Floor
SURROUNDING ZONING: R/L and Public Lands (BLM)
[The image on the left shows the current zoning of the subject property and the map on the right is
the current assessor 's map of the subject area known as Tract 61.]
I. DESCRIPTION OF THE PROPOSAL
The applicant requests the Board grant a special use permit for an outdoor shooting range on the
property known as the High Lonesome Lodge. Specifically, the applicant requests approval to locate
and operate an outdoor shooting range on approximately 1.5 acres of the ranch accessed by County
Road 200. The range would provide an area where clients of the ranch intending to hunt on the
property could become familiar with and practice with their field guns prior to a hunt as well as
address the safety issues necessary for hunting. The Applicant also indicates that there may be other
interest groups which the facility might serve such as the Colorado Division of Wildlife for their
hunter -safety courses. The facility would then serve as a training facility on certain occasions by
appointment only.
Location of the Ranch / Proposed Range Site
The subject property, known as High Lonesome Lodge consists of approximately 13,000 acres and is
located northwest of DeBeque, Colorado on North Dry Fork Road and surrounded primarily by
BLM land in the far western portion of the county along the North Dry Fork Creek drainage. The
proposed range site would be located on approximately 1.5 acres of the ranch accessed by County
Road 200 (North Dry Fork Road) which winds through portions of the ranch and BLM to dead-end
in the ranch.
Elements of the Proposed Range
The shooting range would consist of a mobile 5 -stand shooting platform (12' x 60') for the sporting
clay range, a 300 -yard site -in range for rifles, and a log structure for storage. (See the attached site
plan for the proposed site design.) The range would be located approximately 100 feet off of County
Road 200. The direction of shooting would be in a north to north easterly direction away from the
county road. The subject site is bound by BLM on the north side of the road and by more of the
ranch and BLM to the south of the road as shown in the maps on the cover page. The applicant
proposes the use of the range facility occur during daylight hours.
[1t should be noted, it appears the general lodging component of the High Lonesome Lodge is
defined as a "resort" in the Zoning Resolution which also requires a Special Use Permit in the R/L
zone district. This is being investigated presently to determine if there is a zoning violation; however,
it is not part of the discussion presently before the Board. If it is determined that a violation exists,
the applicant may request the Board also grant a Special Use Permit for a "resort" at a future date
as it is not contingent on the guiding / outfitting operations of the present proposal.]
II. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The property is located in Study Area 5. This study area does not specifically provide for land use
designations as in Study Areas 1, 2, and 3 as much of this area is public lands. The Recreation /
Open Space element of the Comprehensive Plan does provide policy guidance to the proposal as
stated the following goal of Section 5.0:
"Garfield County should provide adequate opportunities for County residents, ensure access to
public lands consistent with BLM / USFS policies, and preserve existing recreational
opportunities and important visual corridors."
2
Staff finds the proposal provides a recreational opportunity for County residents as well as attracting
new and retuming visitors to the County, does not conflict with the policies of the neighboring BLM
regarding access to public lands, and is not located in nor interferes with any designated visual
corridors.
III.APPLICABLE REGULATIONS IN THE ZONING RESOLUTION
A Shooting Range Facility is contemplated as a special use in the R/L zone district which may be
granted if the Board finds the request meets the following applicable definitions, criteria, and
standards provided in the regulations.
A. Definition of Shooting Range Facility
The Zoning Resolution defines a Shooting Range Facility as "a public or private facility
designed to provide training in the use of firearms, firearm practice and firearm competition,
for use by persons other than the owner, resident lessee, their immediate family members at
any time; or less than five (5) friends on an irregular basis."
Staff Finding
The applicant proposes a facility which is located on their private ranch but is also open to
the public where clients who have paid a fee to visit and hunt on the ranch may also use the
range to shoot as an ancillary function of the hunting (guiding / outfitting) activities on the
ranch. The facility is designed to provide training in the use of firearms and firearm practice.
The proposal is consistent with this definition.
B. Review Criteria and Requirements for Shooting Range Facility
An application for a Shooting Range Facility must address the following standards and
criteria in order to be approved by the Board. The requirements / standards are listed below
in bold italics followed by a Staff response:
General Special Use Permit Requirements (Section 5.03)
I) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall
either be in place or shall be constructed in conjunction with the proposed use.
Staff Finding
The applicant indicates that there will be no potable water source at the range site.
Rather, the applicant proposes to provide potable water to the site in portable coolers of
fresh water for each time the range is used. Regarding sanitation service, the applicant
proposes to contract with a sanitation company to place and maintain portable toilets on
the site. Staff finds these provisions are adequate to serve the site in addition to being
consistent with how water and sanitation are typically provided for in similar outdoor
ranges in the county.
2) Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in place
3
or shall be constructed in conjunction with the proposed use;
Staff Finding
As mentioned earlier, the range is proposed to be located 100 feet to the north of County
Road 200 (North Dry Fork Road). The applicant has designated a gravel parking area at a
safe distance behind the range and off the county road for vehicles accessing the site. The
applicant indicates that the number of vehicles visiting the site will vary depending on
the activity; however, in general, the vehicles should not malty not exceed ten vehicles. In
the event a larger group intends to accessthe site, the applicant indicates other alternative
parking areas on the ranch are available.
The county road dead -ends into a private road which serves the ranch. At the fork, where
CR 200 departs CR 222, the only property it serves is the High Lonesome Lodge. There
is very little traffic on this road. The traffic counts collected during the surnrner of 2002
indicated there were a total of 49 average daily trips. In discussions with the County
Road and Bridge Department, the road surface consists of oil -shale and is in fair
condition and should not present any issue with respect to the proposed shooting range.
No improvements would be needed as a result of the proposed range.
Regarding safety, Staff suggests the applicant install permanent signeage intended to
inform incoming motorists travelling in both directions that they are approaching and
will be driving by a shooting range. In addition, Staff suggests that red flags be raised by
the range every time the range is "in use" as an extra notification to motorists. The flags
may be taken down once the activities of the range are completed for the day.
3) Design of the proposed use is organized to minimize impact on and from adjacent uses
of land through installation of screen fences or landscape materials on the periphery
of the lot and by location of intensively utilized areas, access points, lighting and signs
in such a manner as to protect established neighborhood character;
Staff Finding
The applicant proposes to locate the range on a triangle tract of land that is bordered by
BLM to the north and east and along County Road 200 to the south and west. The
applicant indicates the nearest private property owner is approximately 4.9 miles away.
The applicant contacted the BLM who sent a representative to the property to conduct a
site visit. As a result, the BLM's Grand Junction Field Manager, Catherin Robertson sent
a letter indicating the BLM sees that nothing would prevent the public from using the
public lands and has no objections to the proposal. Her only request is that proper signing
be erected in the area that would notify the public of any shooting danger in the area.
This has been made a condition of approval. It should be noted that the illustrative site
plan in the application materials shows the site's boundaries with the BLM are to be
marked with warning signs. In addition, the eastern property line (adjacent and parallel to
the 300 yard rifle range) will be fenced as well as marked with warning signs.
Regarding lighting, the applicant intends to serve the site with electricity. Any lighting
4
shall be required to be directed downward and inward. This has been made a condition of
approval.
Specific Special Use Permit Standards specific to a "Shooting Range" (Section
5.03.27)
1) All outdoor shooting ranges shall be designed by a NRA Range Technical Team,
in accordance with the standards established by the in the NRA document entitled
"The Range Manual", unless modified by the Board of County Commissioners
after a public hearing in which it was demonstrated that adequate safety measures
have been taken by the applicant
Staff Finding
Staff contacted the NRA regarding the first portion of this standard (see Exhibit G ). As
it tums out, while there are suggested recommendations for range design, the NRA is not
a certification or a code enforcement agency and does not certify ranges. Further, the
NRA Range Technical Team only goes out as requested and evaluates ranges to help
with range related issues but only provides guidance. The NRA stated they cannot "make
anyone do specific things and can only make recommendations and suggestions." In
addition, the "The Range Manual" mentioned in the standard is outdated and was
replaced with the NRA "Range Source Book" in 1999. So, since the first portion of this
standard cannot be practically applied, Staff can only recommend the applicant follow
the recommdations provided in the NRA "Range Source Book."
The latter portion of the standard does apply where the Board may approve a shooting
range if the applicant has demonstrated that adequate safety measures have been taken.
Staff finds that due to the remote location of the subject site, the simplicity of the range's
design, the private nature of the operation, the appropriate signage along the entire
perimiter of the range, the support from the adjoining BLM, and appropriate flagging
during daylight operations, the .applicant has demonstrated the range can be operated
safely.
2) All shooting ranges will have sanitary facilities on site.
Staff Finding
The applicant proposes to contract with a sanitation company to place and maintain
portable toilets on the site. Staff finds these provisions to be adequate to serve the site in
addition to being consistent with how water and sanitation are typicaly provided for in
similar outdoor ranges in the county. Staff shall require the applicant provide a copy of
an executed contract to the Building and Planning Department which shows that
sanitation service has been obtained for the site prior to the issuance of a specuial use
permit. This has been made a condition of approval.
5
3) Any lighting used for a shooting range shall be oriented inward and downward.
Staff Finding
This standard has been made a condition of approval.
4) No alcoholic beverages will be allowed on the shooting range site.
Staff Finding
This standard has been made a condition of approval. In addition, this language shall be
posted on permanent signs at the range.
IV. SUGGESTED FINDINGS
1. That proper public notice was provided as required for the hearing before the Board
of County Cormnissioners.
2. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. That for the above stated and other reasons, the proposed special use permit is in the
best interest of the health, safety, morals, convenience, order, prosperity and welfare
of the citizens of Garfield County.
4. That the application is in conformance with the Garfield County Zoning Resolution
of 1978, as amended.
V. RECOMMENDATION
Staff recommends the Board of County Commissioners Approve the special use permit request for a
shooting range facility on the property known as the High Lonesome Lodge with the following
conditions:
1) The applicant shall install permanent signeage along CR 200 intended to inform oncoming
motorists travelling in both directions that they are approaching and will be driving by a shooting
range.
2) Any lighting installed at the shooting range facility shall be directed downward and inward.
3) The Applicant shall provide a copy of an executed contract to the Building and Planning
Department which shows that sanitation service has been obtained for the site prior to the
issuance of a special use pennit.
4) No alcoholic beverages shall be allowed on the shooting range site at any time. This requirement
shall be posted on permanent signs at the shooting range facility. If someone appears to be
intoxicated, they shall be removed immediately from the range.
6
5) The property boundaries of the adjoining BLM land shall be posted to alert any public on the
BLM land that they are nearing private property containing a shooting range facility.
6) The applicant shall follow the applicable recommendations regarding outdoor ranges as provided
in the NRA "Range Source Book."
7) The Applicant shall install 6' (4" x 4") posts (from grade) that can hold 2' x 2' red flags which
are used by the range every time the range is "in use" as an extra notification to motorists. The
flags may be taken down once the activities of the range are completed for the day. See the
following design as a guide.
Z x L rcd ta
VI. RECOMMENDED MOTION (always stated in the affirmative)
"I move to approve the Special Use Permit request for a "Shooting Range Facility" for the High
Lonesome Lodge owned by #10 Enterprises, LLC on County Road 200, DeBeque, CO with
conditions."
7
Fred Jarman
From:
Sent:
To:
Subject:
Joines, John [JJoines@nrahq.org]
Tuesday, December 30, 2003 5:27 AM
Fred Jarman
RE: Contact from NRAHQ web site: Range Development
Dear Sir:
Answer to question:
la. Does the NRA Certify Ranges? No we are not a certification or a code enforcement
agency.
lb. The NRA Range Technical Team goes out and evaluates ranges to help
them with range related issues. We provide guidance. However, we cannot make anyone do
specific things, we only recommend and suggest. 2. Where can I find a copy of "The Range
Manual"? Maybe you can find this book in the local library. This book was replaced with
the NRA Range Source Book in 1999. You can get a copy of this book by calling 1-800-336-
7402 and ask for product # 14840. I hope this helps in your quest. You may also wish to
look at the NRA website at www.nrahq.org and click on Shooting Range Services then review
the menu. Happy New Year Respectfully, John A. Joines
----Original Message
From: NRA Auto Responder [mailto:nra
Sent: Monday, December 29, 2003 6:47
To: Joines, John
Subject: Contact from NRAHQ web site
Contact type: none give
.auto-responder@nrahq.org]
PM
: Range Development
Name: Fred Jarman
Address: Garfield County Building & Planning Dept.
108 8th Street, Suite 201
City: Glenwood Springs
State: CO
Zip: 81601
Phone: 970 945 8212
E-mail: fjarman@garfield-county.com
Membership Number:
IP Address: 216.237.77.197
Message: I am a planner reviewing an application for Garfield County to determine if a
"shooting range" is a good idea in a particular location. I have three specific questions:
1) Does the NRA certify shooting ranges and if so, do they do that with
technical Team?
2) Where can I find a copy of "The Range Manual"?
Thank you.
Fred Jarman
a NRA Range
Page 1 of 2
Fred Jarman
From: Steve Hackett
Sent: Monday, December 22, 2003 1:54 PM
To: Fred Jarman
Cc: Mark Bean
Subject: High Lonesome Ranch
FYI
December 22, 2003
Mr. Buzz Cox
High Lonesome Lodge
P. O. Box 88
0275 County Road 222
DeBeque, CO 81630
Dear Buzz,
Code Compliance Office
I have just run across an uncompleted Special Use Permit application package, for a "sporting clays
course", that was apparently submitted by you back in August of this year. I've discussed this matter
with our Planning Staff and confirmed that a Special Use Permit is required for a "Resort" and a
"Shooting Range". I'm not sure what occurred that caused the application which you submitted to
not be processed but we need to finish this process.
The application that you submit should be for a "Resort and Shooting Range". I have enclosed
information from our zoning regulations that are applicable. Section 3.02.03 indicates that a "resort"
and "shooting range" require a Special Use Permit in the A/R/RD zone district. Section 2.02.449
defines a "Resort". Section 2.02.493 defines a "Shooting Range Facility". Section 5.03.027 defines
some design criteria for shooting ranges. I've highlighted appropriate areas for you. More zoning
information is available at our web site (garfield-county.com), building and planning, zoning regs.
Also included is a new Special Use Permit application form. Please feel free to speak with Fred
Jarman, Senior Planner, with any questions you may have at 970 945 8212 or by email at
( )•
Thanks, Buzz, for your cooperation.
Yours truly,
12/29/2003
Page 2 of 2
Steve Hackett
Enforcement Guy
12/29/2003
12.'30/2003 10:58
9702635227
`
3 o 2003
tNTY
Lk"d1k.Es4�.Ct"ING . r' F:v 1Ri
Facsimile Transmittal
HIGH LONESOME LODGE
PAGE 01
1.'liL+' BIM LONESOME LODGE
PRONE: 910-283-9420
FAX: 970-283-5227
POST OFFICE BOX 88
0275 222 ROAD
DE BEQCJE„ COLORADO 81630
Date:
ia- 3o -b3
Attention
F
From:
9 no - 3gq- 3`170
Number of pages (ineluding this cover):
Comments:
:>A=e ae 9702635227
srg
HIGH LONME LODGE PAGEr
BUILDING & PLANNING DEPARTMENT
November 13, 2003
Attn: Gene Reed
#10 Enterprises DBA High Lonesome Lodge
P. O.Box88
0275 County Road 222
Debeque, CO 81630
RE: Special Use Permit request for a "Shooting Range Facility"
Dear Gene,
Thank you for the revised application you submitted to this office on November 12, 2003 for the
Special Use Permit request for a "shooting range facility." I am writing this letter to inform you that
your application has been deemed tecluncally complete.
Staff has scheduled your request to be heard by the Board of County Commissioners as a public
hearing on their regularly scheduled meeting date of January 5th, 2004 at 1:15 P.M. I have included
the public notice form which you are required to mail and publish according to the language below.
In addition, I have placed a completed poster sign for you to pick up at out office at the front counter.
You will post this sign at the property according to the language below regarding posting notice.
Please submit 8 copies of all the information you provided to Staff in your application so that we
may provide them to the Board of County Commissioners for their review. Staff will need to have
these copies two weeks prior to the hearing date. Please review the public notice requirements below.
Proper noticing is your responsibility.
1) Notice by publication, including the name of the applicant, description of the subject lot, a
description of the proposed use and nature of the hearing, and the date, time and place for the
hearing shall be given once in a newspaper of general circulation in that portion of the
County in which the subject property is located at least thirty (30) but not more than sixty
(60) days prior to the date of such hearing, and proof of publication shall be presented at
hearing by the applicant.
2) Notice by mail, containing information as described under paragraph (1) above, shall be
mailed to all owners of record as shown in the County Assessor's Office of lots within two
hundred feet (200') of the subject lot and to all owners of mineral interest in the subject
property at least thirty (30) but not more than sixty (60) days prior to such hearing time by
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
certified return receipt mail, and receipts shall be presented at the hearing by the applicant.
3) The site shall be posted such that the notice is clearly and conspicuously visible from a public
right-of-way, with notice signs provided by the Planning Dept buent. The posting must take
place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the
sole responsibility of the applicant to post the notice, and ensure that if remains posted until
and during the date of the hearing.
The public hearing will be held at the Garfield County Plaza Building in the Commissioners Room
on the first floor. The address is 108 8th Street, Glenwood Springs, Colorado 81601. Do not hesitate
to contact this office in the event you have any questions.
Encl. Notice to be mailed and published
Very truly yours
z
Fred Jarman, AICP, Senior Planner
970.945.8212
2
PUBLIC NOTICE
TAKE NOTICE that #10 Enterprises, LLC DBA also known as "High Lonesome Lodge" has
applied to the Board of County Commissioners, Garfield County, State of Colorado, to request a
special use permit, in connection with the following described property situated in the County of
Garfield, State of Colorado; to -wit:
Legal Description: See Attached legal description
Practical Description: 0275 County Road 222, Debeque, CO 81630
The special use permit would allow the applicant to have a shooting range facility on their
property which is defined in the Zoning Resolution of 1978, as amended, as "A public or
private facility designed to provide training in the use of firearms, firearm practice and
firearm competition, for use by persons other than the owner, resident lessee, their immediate
family members any time; or less than five (5) friends on an irregular basis."
All persons affected by the proposed special use permit are invited to appear and state their views,
protests or support. If you can not appear personally at such hearing, then you are urged to state your
views by letter, as the Board of County Commissioners will give consideration to the comments of
surrounding property owners, and others affected, in deciding whether to grant or deny the request
for the special use permit. The application may be reviewed at the office of the Planning Department
located at 108 8th Street, Suite 201, Garfield County Plaza Building, Glenwood Springs, Colorado
between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday.
A public hearing on the application has been scheduled for the 5th day of January, 2004, at 1:15
P.M., in the County Commissioners Meeting Room, Garfield County Plaza Building, 108 8th Street,
Glenwood Springs, Colorado.
Planning Department
Garfield County
The
Garfield,
EXHIBIT "A"
following real property
State of Colorado:
Tax Schedule Numbers:
TOWNSHIP 7
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
16:
17:
18:
19:
20:
28:
29:
30:
32:
35:
36:
Tract 50:
Tract 51:
Tract 52:
Tract 54:
Tract 55:
Tract 56:
Tract 59:
Tract 60:
Tract 61:
243-Uo1-00-007
2443-091-00-001
2415-271-00-006
2415-202-00-003
2417-154-00-005
2441-022-00-001
BOOK 2125 PAGE 671
situated in the County of
2443-114-00-003
2441-062-00-005
2441-041-00-003
2441-031-00-002
2417-15h-oo-o05
SOUTH, RANGE 99 WEST, 6TH
SWi/4SWi/4
SE1/48E1/4
SW1/46E1/4, NE1/48E1/4
Lot 9, N1/2NE1/4
N1/2N1/2
Lots 1, 2, 3 and 7
Lot 2, BE1/4Nw1/4, 81/2NE1/4, .N1/28E1/4, SW1/4sW1/4,
E1/2SW1/4
Lots 10, 11 and 13; 8E1/48E1/4
NE1/4NW1/4
NE1/48E1/4 and Lots 2 and 5
Lots 7, 8, 9 and 10
Being the same land described under the original survey
as the H1/28141/4 of Section 26, the NE1/4SE1/4 and
SEI/4NE1/4 of Section 27
Being the same land described under the original survey
as the 81/28W1/4 of Section 26, SE1/48E1/4 of Section 27
and the NE1/4NW1/4 of Section 35
Being the same land described under the original survey
as the BW1/4NE1/4, E1/2NW1/4, and the NW1/4NW1/4 of
Section 27
Being the same land described under the original survey
as the SW1/48E1/4 of Section 27, the EI/2 of Section 34,
and the NW1/4NW1/4, 81/2NW1/4, and the SW1/4 of Section
35 (less three (3) acres in Section 35)
Being the same land described under the original survey
as the N1/2N1/2 of Section 28
Being the same land described under the original survey
as the SW1/4NEL/4, SE1/4NW1/4 and the N1/28W1/4 of
Section 28
Being the same land described under the original survey
as the N1/2NE1/4 and the 8E1/4NE1/4 of Section 35, and
the S(41/4NW1/4 of Section 36
Being the same land described under the original survey
as the W1/28E1/4 and the N1/28W1/4 of Section 36
Being the same land described under the original survey
as the 4s ip �..,3i pr t i `"lz Br iink hlt"aii'ge 98
.mss., and the 8E1/48E1/4 of Section 36, Township 7
South, Range 99 West
TOWNSHIP 7 SOUTH, RANGE 100 WEST, 6TH P.N.
Section 15: N1/28E1/4, NE1/48W1/4, and Lots 1, 2 and 4
Section 16: Lot 2
Tracts 48G and 48H
PAGE 2
Tract
Tract
Tract
39:
40:
42:
Tract 43:
Tract 44:
Tract 45:
Tract 57:
Tract 58:
TOWNSHIP 8
Section 6:
Section 7:
Section
Section
Section
Section
8:
9:
10:
11:
TOWNSHIP 8
Section 1:
section 2:
Section 3:
Tract 39:
Section 6:
BOOK 2125 PAGE 67:
EXHIBIT "A" - Continued
Being the same land described under the original survey
as the 81/2NE1/4, SE1/4NW1/4 of Section 25
Being the same land described under the original survey
as the E1/28W1/4, and W1/28E1/4 of Section 25
Being the same land described under the original survey
as the 81/28W1/4 and SWI/48E1/4 of Section 23, and
NW1/4NE1/4 of Section 26
Being the same land described under the original survey
as the SW1/4NW1/4 and NW1/48W1/4 of Section 25, and
SE1/4NE1/4 and NE1/48E1/4 of Section 26
Being the same land described under the original survey
as the NE1/4NE1/4 of Section 26
Being the same land described under the original survey
as the SW1/4NE1/4, NW1/4SE1/4 AND NE1/4SW1/4 of Section
26
Being the same land described under the original survey
as the NE1/48E1/4 of Section 25, Township 7 South, Range
100 West; and Lot 3, the NE1/48W1/4 and the NW1/4SE1/4
of Section 30, Township 7 South, Range 99 West
Being the same land described under the original survey
as the 8E1/48E1/4 of Section 25, Township 7 South,
Rance 100 West; Lot 4 of Section 30 and Lot 1 of Section
31 in Township 7 South, Range 99 West, and NE1/4NE1/4 of
Section 36, Township 7 South, Range 100 West
SOUTH, RANGE 98 WEST, 6TH P.H.
NW1/48E1/4, NE1/4SW1/4, SES/4NW1/4, SW1/4NE1/4,
81/28E1/4, and Lot 4, being the same land described
under the original survey as the NW1/4NW1/4 of said
Section 6
N1/2NE1/4, EXCEPT a one acre tract as described in deed
recorded in Book 181 at Page 317, records of the
Garfield County Clerk and Recorder
NW1/4NE1/4, N1/2NW1/4, SW1/4NW1/4
W1/2NE1/4, SE1/4NE1/4
SW1/4NW1/4, NE1/48W1/4
N1/281/2
SOUTH, RANGE 99 WEST, 6TH P.M.
Ttact 37 being the same land described in the original
survey as the NE1/4NE1/4 of said Section 1
Tract 43, being the same land described in the original
survey as the SW1/4NE1/4 of Section 2
Tract 42, being the same land described in the original
survey as the SE1/4NE1/4 of said Section 3
In Sections 3 and 4, being the same land described in
the original survey as Lot 4 of Section 3
Tract 41, being the same land described under the
original survey as Lot 4 of said Section 6.
August 26, 2003
Attn: Gene Reed
#10 Enterprises DBA High Lonesome Lodge
P. O.Box 88
0275 County Road 222
Debeque, CO 81630
BUILDING & PLANNING DEPART ENT
RE: Special Use Permit request for a "Shooting Range Facility"
Dear Gene,
Thank you for the application you submitted to this office on August 11, 2003 for the Special Use
Permit request for a "shooting range facility." I am writing this letter to inform you that the Garfield
County Building and Planning Department needs additional information in order to process your
Special Use Permit (SUP) application. Your timeliness in providing this information will expedite
our ability to place your application on the public hearing agenda. Please provide information that
more specifically addresses each of the following items.
1.. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all
existing and proposed structures on the property, and the County or State roadways within one
(1) mile of your property. If you are proposing a new or expanded access onto a County or State
roadway, submit a driveway or highway access permit.
2. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all
mineral rights owners of the subject property and public and private landowners adjacent to your
property (which should be delineated). In additional, submit a list of all property owners and
their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the
Assessor's Office.
3. Your application materials indicate a letter was attached from the Bureau of Land Management
(BLM). There was no such letter in the application materials. Please submit this letter.
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
Do not hesitate to contact me in the event you have any questions. (970.945.8212)
Very truly yours,
Fred Jarman, AICP, Senior Planner
HIGH LONESOME SPORTING CLAYS/RIFLE RANGE
PROPOSAL
Table of Contents
Letter of Intent/Application Submittal Requirements
Relocation of Sporting Clays 5 Stand & Rifle Range
Possibility of Expediting Sporting Clays Project
Letter to BLM
Letter from BLM
Special Use Permit
Application Submittal Requirements
Agreement for Payment Form
Site Map
Copy of Check
Verification of Buzz Cox, Ranch Director's Employment
Photograph of Site
High Lonesome Lodge Proposed Sporting Clays and Rifle Range Location
Pages 1-5
Warranty Deed
Pages from Book 2125
Exhibit A Track 61 (Legal Description)
Assessor's Map Property Location
Property Mineral Rights Profile
Account #R290287
#R290288
#R290281
August 10, 2003
Garfield County
Building and Planning Department
108 Street, Suite 201
Glenwood Springs, CO 81601
RECEIVED
Nov 1 31 ),003
GARFIELD COUNTY
BUILDING & PLANNING
Regarding: Special Use Permit for Installation of Sporting Clays and Five Stand
Shooting Platform in addition to Relocation of Log Building for Storage to the
Sporting Clays Site at the High Lonesome Ranch
The High Lonesome Ranch is proposing to install sporting clays and a five -stand
shooting platform to benefit the guests who come to the ranch to hunt. It helps hunters,
youth and adult, become familiar with their field guns prior to a hunt. It will also be
beneficial for addressing safety issues for people entering private land to hunt. The
Colorado Department of Wildlife may also want to contract with the Ranch for Hunter
Safety Classes.
Application Submittal Requirements:
1. The hours of use will be limited to daylight and will be regulated by the ranch
manager and the field range officer. Ranch guests only will have accessibility to
the shooting facility. It will not be open to the public. It will be open to special
interest groups for example the Colorado Department of Wildlife by appointment
only. We will install a 300 yard site -in range for rifles and we are proposing to
build one structure and to move an existing structure to the site, a mobile five
stand shooting platform (size approximately 12 X 60 feet) and a log building we
will be moving on to the site for storage. There will be electrical service to these
structures. We will go through the permit process with Garfield County. All
electrical installation will be installed at National Electrical Standards. The
number of vehicles accessing the site on a daily, weekly, or monthly basis will
vary, but normally would not exceed ten vehicles. These will be parked in a
designated graveled parking area at a safe distance from and behind any
shooting activities. If at any time there is a larger group, there will be alternative
parking area at another location.
2. There will be no potable water source at the shooting range. Potable water will
be brought in fresh in water coolers for each event. For sanitation the Ranch will
contract with a sanitation company, for example Sani Can. The sanitation
company will maintain the portable toilets. The Ranch will be responsible for
working with the sanitation company for maintenance of the toilets and making
sure the appropriate amount of portable toilets are on site for the number of
guests using them.
3. See attached site plan map. In regards to the roadway into the shooting area,
we will be using an existing roadway. No street improvements will be required.
APPLICATION SUBMITTAL REQUIREMENTS 2
4. See attached vicinity map. See attached pictures and captions of site.
5. The nearest property owner is approximately four miles from the proposed site of
the shooting range. The nearest property owner is Bureau of Land Management
(BLM). See attached contact letter from BLM.
6. See attached copy of deed.
7. See attached letter of acknowledgement from Paul Valhdiek.
8. (1) See above
(2) See above
(3) Fences will be installed. The shooting range will be approximately 100 feet
from the county road. There will be signs posted around the entire perimeter of
the shooting area with heavier signage on the side where the rifle range will be
located. At the rifle range there will be an adequate backstop so we don't have
to address ricochet problems. We intend to lay out the course so that there will
not be any lead or foreign materials on BLM property.
(4) No alcoholic beverages will be allowed on the shooting range site. Anybody
that appears impaired will be asked to leave immediately.
October 22, 2003
Fred Jarman, Senior Planner, AICP
Garfield County
108 8th St. Suite 201
Glenwood Springs, CO 81601
RE: Relocation of Sporting Clays 5 Stand at High Lonesome Lodge
As you requested at our last meeting we are resubmitting our application for our
5 Stand Sporting Clay and Rifle Range.
We have added on a 300 -yard Rifle Range that should meet or exceed your
requirements for safety.
Please find enclosed all plans and a description of what we are trying to achieve.
We are enjoying working with you and hope to hear from you soon.
RespectfullyS miffed,
a IW -Ce
Gene Reed, Maintenance
High Lonesome Lodge
November 10, 2003
Fred Jarman, Senior Planner, AICP
Planning Department & Review Board
Garfield County
108 8th St. Suite 201
Glenwotd Springs, CO 81601
RE: Possibility of Expediting Sporting Clays/Rifle Range Project
This letter is in regard to the possibility of expediting the sporting clays/rifle range
project the High Lonesome is planning to construct. Fred, you, and I have discussed
the possibility of this happening. You said it would have to go through the review board
so I am sending this letter hoping the review board would consider speeding this
process along. I understand you have your procedures to go through and only hope
you can consider our request. Here are our reasons for requesting this:
1. Our new location is on a dead end road;
2. We are 4.9 miles from any private property in the area;
3. The BLM has already been on location and we have a letter of support from
them;
4. There are no gas facilities or activity on or close to this site; the nearest gas
pipeline is underground located approximately 400 yards from our proposed site;
5. Due to the extended private hunting activity on the ranch we would benefit by
having this project completed, up, and running as soon as possible.
Respectfully Submitted,
Gene Reed, Maintenance
High Lonesome Lodge
October 22, 2003
Catherine Roberson, Field Manager
Bureau of Land Management
2815 "H" Road
Grand Junction, CO 81506
RE: Developing a 5 Stand Sporting Clays and 300 -Yard Rifle Range at the High
Lonesome Lodge
Recently I met with Dave Stevens and an associate to discuss our plan to build a
5 Stand Sporting Clays and 300 -Yard Rifle Range at the High Lonesome Lodge. The
proposed site is adjacent to BLM property. Mr. Stephens believed that the location of
this site should be adequate for this proposal.
I would like to thank you for sending Dave to meet with us. With Dave having an
overview of what we are planning to do we are hoping it will expedite our plans.
We are applying for a special use permit from Garfield County and are working
with Fred Jarman, Senior Planner.
Sincerely,
Gene Reed, Maintenance
High Lonesome Lodge
IN REPLY REFER TO:
1610
United States Department of the Interior TAKEMffliga 100
wassimagarial
wasseesszt
1011111111110110111111.1111
BUREAU OF LAND MANAGEMENT 1111111111110011111011111111
mint MON
Grand Juncrion Field Office
2815 H Road
Grand Junction, Colorado 81506
High Lonesome Lodge
Mr. Buzz Cox
0275 222 Road
Debeque, Colorado 81630
Dear Mr. Cox:
In regards to your plans for a 5 Stand Sporting Clays and 300 -Yard Rifle Range on your private
land at High Lonesome Lodge, the Grand Junction Field Office of the Bureau of Land
Management has no objections at this time to your proposal.
Dave Stevens from our office has visited the site and sees nothing that would prevent the public
from using the Public Lands. Proper signing of the area would notify the public of any shooting
ger in the area.
Thank you for letting us participate in the planning of your proposal.
Ith Catherine Robertson
Grand Junction Field Manager
GARFIELD COUNTY.
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.parfield-county.com
Special Use Permit
GENERAL INFORMATION
(To be completed by the applicant.)
> Street Address / General Location of Property: Off-%< a-3-%217 "
A _IS -P Ao, G D Ar -i630 (Pry r1 Lk' .go)
> Legal Descrip4%n: 7-75 %E9,?W s '/UAB 31 S C
> Existing Use & Size of Property in acres: /
> Description of Special Use Requested: (5 (t r0j,3.-}t;O%/f ('ax'__e
e -01..44-e_ - a 3 onr �C .,g,�: -oh SIU! Lr /(r
> Zone District: 41
> Name of Property Owner (Applicant): o l ��i�,go LLC IJ 9I% G p Ac
e-
> Address: PO 6h4( 1" 0?75 "-a-- • Telephone: (9-3-94,2-o
> City: be Ue. State: C6 Zip Code: R/A 3n FAX: d--g,-3-1)_-D:-
> Name of Owner's Representative, if any (Attorney, Planner, etc):
J3 Z.Z. w a�.I.LQ but .
> Address: Telephone:
> City: State: Zip Code: FAX:
5frf
> Doc. No.:
STAFF USE ONLY
Date Submitted: TC Date:
IJnn...... f'l..a...
roQ
APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, specifically respond to all the following items below and attach any additional information to
be submitted with this application:
1. Please submit, in narrative form, the nature and character of the Special Use requested.
Submit plans and supporting information (Le. letters from responsible agencies). Include
specifications for the proposed use including, but not limited to, the hours of operation, the
number and type- of vehicles accessing the site on a daily, weekly and/or monthly basis, and
the size and location of any existing and/or proposed structures that will be used in conjunction
with the proposed use, and provisions for electric power service and any other proposed utility
improvements. Be specific.
2. If you will be using water or will be treating wastewater in conjunction with the proposed use,
please detail the amount of water that would be used and the type of wastewater treatment. If
you will be utilizing well water, please attach a copy of the appropriate well permit and any
other legal water supply information, including a water allotment contract or an approved water
augmentation plan to demonstrate that you have legal and adequate water for the proposed
use.
3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all
existing and proposed structures on the property, and the County or State roadways within one
(1) mile of your property. If you are proposing a new or expanded access onto a County or
State roadway, submit a driveway or highway access permit.
4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S.
1:24,000 scale quadrangle map will suffice.
5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all
mineral rights owners of the subject property and public and private landowners adjacent to
your property (which should be delineated). In additional, submit a list of all property owners
and their addresses adjacent to or within 200 ft. of the site. This information can be obtained
from the Assessor's Office.
6. Submit a copy of the deed and a legal description of the subject property.
7. If you are acting as an agent for the property owner, you must attach an acknowledgement
from the property owner that you may act in his/her behalf.
8. Submit an statement that specifically responds to each of the following criteria from Section
5.03 of the Zoning Regulations:
(1) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall either
be in place or shall be constructed in conjunction with the proposed use.
(2) Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in place or
shall be constructed in conjunction with the proposed use;
(3) Design of the proposed use is organized to minimize impact on and from adjacent
uses of land throuoh installation of screen fences or landscape materials on.the periphery
9. Depending on the type of Special Use Permit requested, you may need to respond to
additional review standards in the Garfield County Zoning Resolution Section 5.00
[Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 &
5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific
sections of the Zoning Resolution which can be located on the Garfield County web site at
http://www.aarfield-countv.com/building and planning/index.htm or information can be
obtained from this office
10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the
fee with the application.
11. Submit 2 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the Special
Use Permit application has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
(The following steps outline how the Special Use Permit Application review process works in
Garfield County.)
1. Submit this completed application form, base fee, and all supplemental information to the
Garfield County Planning Department. It will be received and given to a Staff Planner who
will review the application for technical completeness.
2. Once the application is deemed technically complete, the Staff Planner will send you a
letter indicating the application is complete. In addition, Staff will also send you a "Public
Notice Form(s)" indicating the time and date of your hearing before the Board of County
Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum
regarding your requested Special Use. (If Staff determines you application to be deficient,
a letter will be sent to you indicating that additional information is needed to deem your
application complete.)
3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the
requested Special Use and the public hearing. If proper notice has not occurred, the
public hearing will not occur. Notice requirements are as follows:
a. Notice by publication, including the name of the applicant, description of the subject
lot, a description of the proposed special use and nature of the hearing, and the
date, time and place for the hearing shall be given once in a newspaper of general
circulation in that portion of the County in which the subject property is located at
least thirty (30) but not more than sixty (60) days prior to the date of such hearing,
and proof of publication shall be presented at hearing by the applicant.
b. Notice by mail, containing information as described under paragraph (1) above,
shall be mailed to all owners of record as shown in the County Assessor's Office of
lots within two hundred feet (200') of the subject lot and to all owners of mineral
interest in the subject property at least thirty (30) but not more than sixty (60) days
prior to such hearing time by certified return receipt mail, and receipts shall be
.....nn.,+..r+ "4 +I," {. nn.in n k\r +ho nnnlinnn+
c. The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning Department.
The posting must take place at least thirty (30) but not more than sixty (60) days
prior to the hearing date and is the sole responsibility of the applicant to post the
notice, and ensure that it remains posted until and during the date of the hearing.
4. The Applicant is required to appear before the Board of County Commissioners at the time
and date of the public hearing at which time the Board will consider the request. In addition,
the Applicant shall provide proof, at the hearing, that proper notice was provided.
5. Once the Board makes a decision regarding the Special Use request, Staff will provide the
Applicant with a signed resolution memorializing the action taken by the Board. Following
the Board's approval, this office will issue the Special Use Permit to the applicant. If the
Board's approval includes specific conditions of approval to be met, this office will not issue
the Official Special Use Permit certificate until the applicant has satisfied all conditions of
approval. The Special Use Permit approval is not finalized until this office has issued the
Official Special Use Permit certificate signed by the Chairman of the Board of County
Commissioners.
I have read the statements above and have provided the required attached information
which is correct and .ccurate to the be t o my knowledge.
2
..141Ir
(Signature/ r ..pli.ent/•
As A SA, a
Last Revised: 11/07/2002
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan.
APPLICANT
Print Name
Mailing Address:
RECEIVED
03/04/2003 17:10 Vf1HLD1EK CFW4D • 19702835227P0098
Paul R. Valiidirk> Jr.
410 ENTERPRISES, L.L.C.
1600 Smith Street • Suite 4050
Houston, Texas 77002
August 4, 2003
N0.014 002
Telephone (713) 650.3200
Patsinttle: (113) 650-0251
patil.vahldiek@veteNclaw.com
To Whom it May Concern:
Please allow this letter to verify and acknowledge that Bur, Cox, ranch director, is employed
by #10 Enterprises, L.L.C. d/b/a the High Lonesome Lodge. He has authority to enter into the
application for a sporting clays course at the ranch located in Garfield County. FIe has authority to
continue this endeavor until completed.
Thank you for your assistance.
By:
PRVltf
Enc.
Very truly yours,
#10 Enterprises, L.L.C.
Lli
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HIGH LONESOME LODGE
PROPOSED SPORTING CLAYS
AND RIFLE RANGE
High Lonesome/DeBeque Area Map
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High Lonesome Lodge — Proposed Sporting Clays & Rifle Range
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6398
Dry Fork Area Map
Page 2 of 5
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High Lonesome Lodge — Proposed Sporting Clays & Rifle Range
Sporting Clays & Rifle Range Location Map
Page 3 of 5
High Lonesome Lodge - Proposed Sporting Clays & Rifle Range Page 4 of 5
Sporting Clays & Rifle Range Site Plan Map
Drawn to Scale
BLM Property Boundary
(marked with warning sib)
Scale = 377.14 feet per inch
1
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High Lonesome Lodge — Proposed Sporting Clays & Rifle Range
Sporting Clays Range Site Plan Map
Drawn to Scale
Sporting
Clays
Range
Page 5 of 5
Scale = 162.71 feet per inch
ome of Colorado's most famous
attractions are close to the High
Lonesome Lodge. Aspen and Vail are
just ninety minutes away. Beautiful and
challenging golf courses, such as
Battlement Mesa and The Redlands, are
nationally acclaimed courses located nearby.
Enjoy Glenwood Springs and its famous hot
springs, tour a working archaeological dinosaur
dig, explore hundreds of lakes in the nearby
Grand Mesa National Forest, ski at Powderhorn
Ski Resort, visit the Colorado National
Monument or tour many local wineries. All are
within an easy hour drive. Adventurous souls can
take a nearby river rafting tour through
meandering meadows and awe-inspiring canyons.
The High Lonesome Lodge offers you
accessibility, privacy and the efficiency of a full-
time staff dedicated to making your visit
unforgettable. Ideal for families, outdoor
adventure groups or corporate retreats. The High
Lonesome Lodge is just thirty five minutes by car
from the Grand Junction airport or a three and a
half hour scenic drive from Denver.
LJ�r
THE HIGH LONESOME
LODGE
Glenwood
To Salt ( * Springs
Lake City
Grand DeBeque
Junction
/To Phoenix
To Denver
1-70
Aspen Vail
For more information:
Phone: 1-970-283-9420
Fax: 1-970-283-5227
Email: highlone@aol.com
P.O. Box 88 • 0275 222 Road
DeBeque, Colorado 81630
www.highlonesomelodge.com
THE HIGH LONESOME
LODGE
DEBEQUE, COLORADO
"ply fish for I
enjoy excel
or high ach
for big garr
Lonesome
hike, mour
horseback
thousands
unspoiled A
ENDORSED•
FLY-FISHING LODGE.
s thousands of acres of
st breathtaking countryside,
;some Lodge is a mecca for
inspired by mountain
wed by its majesty— people
iture in challenging the
ing the peacefulness of
Don' to the expense and time of traveling to iska for trop( ly fishing. Try your luck at landing rain( vs
up to 30", cutthroats, colorful brook trout and german browns in miles of our stiliwater spring creek, beaver
ponds and managed lakes. We also offer excellent wade and float trips on the nearby Roaring Fork, Colorado
and White rivers.
from comfortable, well
t our main ranch lodge.
in practice bank shots on our
ar friends on the antique card
Latest movies in our video
l comfort, you will love
tain hideaway cabins
alleys. These cabins have
,ect and are surrounded by
s.
inary delicacies of western
d around the grand rock
se dining room. After dinner
outside fire while gazing at
intains.
• l•
rN
This rugged region is home to some of the nation's most prolific big game and upland bird populations.
Record book mule deer, elk and bear thrive in this habitat. Hunt pheasants and other upland game in world-
class style or tune up your skills at our professional clays course. Let our staff guide you to the outdoor
experience of a lifetime.
Don't forget your camera — the High Lonesome Lodge is a photographer's paradise. You can see bountiful elk,
mule deer, beaver, mountain lion, coyotes, turkeys and bear in their natural habitat. Record unbelievable vistas
as you look across winding canyons, fertile valleys or to distant snow-capped peaks. In the fall aspen, spruce,
X ELEV. 8196
30
29
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Tr. 61
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\2415 271-0006
R. 98 W.
R. 99 W.
31
32
APPROVED
COUNTY ASSESSOR
Recorded at o'clock M
Reception No.
WARRANTY DEED
THIS DEED, Made this 31st day of January
19 95,between Western Properties, L.P., a Mississippi
Limited Partnership
M theii�a 'County of Lauderdale
of GpJ e1,RA RH.lbnd
#10 Enterprises, L.L.C.
whose legal address is 1050 Wilcrest, Houston, Texas
of the County of
WITNESSETH, That the grantor(yk for and in consideration of the
other good and valuable consideration
the receipt and sufficiency of which is hereby acknowledged. has
do grant,bargain, sellconvey andconfirm, untothegrsntee(gl,
together with improvements, if any, situate, lying and being in the
and Slate of Colorado. described as follows:
See attached Exhibit "A"
and State
1300K 2125 PAGE
668
1708032 02:50 P1 02/02/95
NORM TODD CLK&REC HESA, COUNTY Co
: 1 15.83
/5.83
CO
Texas 7/Wt a -a -9s
and State of WHOM. grantee (s);
sum of Ten Dollars ($10.00) and
granted. bargained, sold and conveyed. and by these presents
its heirs and assigns forever, all the real property,
County of Mesa
also known by street and number as N /A
assessor's schedule or parcel number.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the
reversion and reversions, remainder and remainders, rents. issues. and profits thereof, and all the estate, right, interest, claim and
demand whatsoever of the grantons). either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances.
TO HAVE AND TO11011) the said premises above bargained and described. with the appurtenances unto thegrantee(s3 its
heirs and assigns forever. And the grantodad, for i6et f , its heirs, and personal representatives,
do covenant,grant, bargain and agree to and with the grantee(s), its heirs and assigns, that at the time of the caseating
and delivery of these presents is well seized of the premises above conveyed, ha good, sure. perfect, absolute
and indefeasible estate of inheritance, in law, in fee simple, and ha good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains,
sales, liens, taxes, assessments, encumbrances and restrictions of' whatever kind or nature soever. except such exceptions
set forth on Exhibits A and B hereto.
Thegrantorfs)shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable
possession of the grantee($, its heirs and assigns, against all and every person or persons lawfully claiming the whole or any
part thereof
IN WITNESS WHEREOF. The grantor(s1 ha s executed this decd on the date first written above.
Western Properties, L.P.
B : Bi, B Ranch, Inc4 its General Partner
ity and.' Angelia T. 'a1. ington, V.P.
13
If in
EXHIBIT "A"
The following real property
Garfield, State of Colorado:
Tax Schedule Numbers: 2443-0bi-00-007
2443-091-00-001
2415-271-00-006
2415-202-00-003
2417-15h-00-005
. 21141-022-00-001
TOWNSHIP 7
Section
Section
section
Section
Section
Section
Section
Section
Section
Section
Section
16:
17:
18:
19:
20:
28:
29:
30:
32:
35:
36:
Tract 50:
Tract 51:
Tract 52:
Tract 54:
Tract 55:
Tract 56:
Tract 59:
Tract 60:
Tract 61:
BOOK 2125 PAGE 67:
situated in the County of
24)3-114-00-003
2411-062-00-005
2h1.s1-0h1-00-003
2411-031-00-002
2h 17-15h-00-005
BOUT4t RANGE 99 WEST, 6TH P.,..
SW1/48Wj/4
SEI/4SE1/4
8W1/48E1/4, NE1/48E1/4
Lot 9, N1/2NE1/4
N1/2N1/2
Lots 1, 2, 3 and 7
Lot 2, 8E1/4NW1/4, 81/2NE1/4, .N1/28E1/4, SW1/48471/4,
E1/28W1/4
Lots 10, 11 and 13; SE1/,48E1/4
NE1/4NA1/4
NE1/48E1/4 and Lots 2 and 5
Lots 7, 0, 9 and 10
Being the same land described under the original survey
as the N1/28W1/4 of Section 26, the NE1/4SE1/4 and
SEI/4NE1/4 of Section 27
Being the same land described under the original survey
as the S1/2SW1/4 of Section 26, SE1/48E1/4 of Section 27
and the NE1/4NW1/4 of Section 35
Being the same land described under the original survey
as the SWI/4NE1/4, E1/2NW1/4, and the NW1/4NW1/4 of
Section 27
Being the same land described under the original survey
as the SW1/40E1/4 of Section 27, the E1/2 of Section 34,
and the NW1/4NW1/4, S1/2NW1/4, and the SW1/4 of Section
35 (less three (3) acres in Section 35)
Being the same land described under the original survey
as the N1/2N1/2 of Section 28
Being the same land described under the original survey
as the SW1/4NE1/4, SE1/4NW1/4 and the N1/2SW1/4 of
Section 28
Being the same land described under the original survey
as the N1/2NE1/4 and the 8E1/4NE1/4 of Section 35, and
the 8141 4NW1/4 of Section 36
Being the same land described under the original survey
as the W1/28E1/4 and the N1/28W1/4 of Section 36
Being the same land described under the original survey
as thecLot 4 in section 31, Township 7 south, 'Range -98'
West; and the 8E1/48E1/4 of Rection 36, Township 7
South, Range 99 West
TOWNSHIP 7 SOUTH, RANGE 100 WEST, 6TH P.N.
Section 15: N1/28E1/4, NE1/48W1/4, and Lots 1, 2 and 4
Section 16: Lot 2
Tracts 48G and 40H
PAGE 2
Tract 39:
Tract 40:
Tract 42:
Tract 43:
Tract 44:
Tract 45:
Tract 57:
Tract 58:
TOWNSHIP 8
BOOK 2125 PAGE 67:
EXHIBIT "A" - Continued
Being the same land described under the original survey
as the 81/2NE1/4, SE1/4NW1/4 of Section 25
Being the same land described under the original survey
as the E1/28W1/4, and W1/28E1/4 of Section 25
Being the same land described under the original survey
as the 81/28W1/4 and BW1/48E1/4 of Section 23, and
NW1/4NE1/4 of Section 26
Being the same land described under the original survey
as the SW1/4NW1/4 and NW1/48W1/4 of Section 25, and
SE1/4NE1/4 and NE1/48E1/4 of Section 26
Being the same land described under the original survey
as the NE1/4NE1/4 of Section 26
Being the same land described under the original survey
as the SW1/4NE1/4, NW1/4SE1/4 AND NE1/48W1/4 of Section
26
Being the same land described under the original survey
as the NE1/48E1/4 of Rection 25, Township 7 South, Range
100 West; and Lot 3, the NE1/4SW1/4 and the NW1/4SE1/4
of Section 30, Township 7 South, Range 99 West
Being the same land described under the original survey
as the SE1/4SE1/4 of Section 25, Township 7 South,
Rance 100 West; Lot 4 of Section 30 and Lot 1 of Section
31 in Township 7 South, Range 99 West, and NE1/4NE1/4 of
Section 36, Township 7 South, Range 100 West
SOUTH, RANGE 98 WEST, 6TH P.M.
Section
6: NW1/48E1/4,
S1/28E1/4,
under the
section 6
N1/2NE1/4, EXCEPT a one acre tract as described in deed
recorded in Book 181 at Page 317, records of the
Garfield County Clerk and Recorder
8: NW1/4NE1/4, N1/2NW1/4, SW1/4NW1/4
9: W1/2NE1/4, SE1/4NE1/4
10: SW1/4NW1/4, NE1/48W1/4
11: N1/281/2
Section 7:
Section
Section
Section
Section
NE1/4SW1/4, SE1/4NW1/4, SW1/4NE1/4,
and Lot 4, being the same land described
original survey as the NW1/4NW1/4 of said
TOWNSHIP 8
Section 1:
Section 2:
Section 3:
Tract 39:
Section 6:
SOUTH, RANGE 99 WEST, 6TH P.M.
Tract 37 being the same land described in the original
survey as the NE1/4NE1/4 of said Section 1
Tract 43, being the same land described in the original
survey as the SW1/4NE1/4 of Section 2
Tract 42, being the same land described in the original
survey as the SE1/4NE1/4 of said Section 3
In Sections 3 and 4, being the same land described in
the original survey as Lot 4 of Section 3
Tract 41, being the same land described under the
original survey as Lot 4 of said Section 6.
VLJi,LV If .04
PAGE 3
ooac000444
ui.nxn.Nr, ThWIAS
BOOK 2125 PAGE 67:
EXHIBIT •A• - Continued
Together with all water and water rights, ditches and ditch righty
appurtenant or belonging to or used in connection with the Property
conveyed hereunder and as may be included under the following
rights, stibject to the limitations hereinafter following:
1.0 second -feet of water allowed to flow in the Anderson and Hayes
Ditch under priority No. 61;
1.5 second -feet of water allowed to flow in the Mayes Ditch under
priority No. 85;
3.0 second -feet of water allowed to flow in the DeLaMatyr and
Anderson Ditch under priority No. 86;
0.7 second -feet of water allowed to flow in the Dry Pork Ditch
under priority Na. 64;
0.5 second -feet of water allowed to flow in the Dry Fork Ditch lst
Enlargement under priority Ne. 135;
1.0 second -feet of water allowed to flow in the Omundson & Frost
Ditch under priority No. 88;
0.5 second -feet of water allowed to flow in the Griswold
Enlargement under priority No. 154A;
1.0 second -feet of water allowed to flow in the Cottonwood Ditch
No. 29 under priority No. 36;
1.0 second -feet of water allowed to flow in the Cottonwood Ditch
lst Enlargement under priority No. 112;
0.6 second -feet of water allowed to flow in the Loveless Ditch #73
under priority No. 113;
2.3 second -feet of water allowed to flow in the Armstrong Ditch #81
under priority No. 134;
1.7 second -feet of water allowed to flow in the Boldt Ditch
(Springs) #73PP under priority No. 114B- and
and together with 2.7 acre feet in the Boldt Reservoir No. 11 under
priority No. 1A.
Grantor Bells and quitclaims to Grantee any other water, water
rights, ditches, or ditch rights owned or controlled by Grantor in
Garfield or Nesa Counties, Colorado, including. without limitation,
any water or water rights historically used in connection with the
Property not specifically listed above, which may include the
following water rights: 1.7 second -feet of water allowed to flow
in Boldt Gulch Ditch under Priority No. 114s; 1.0 cfs of water
allowed to flow in the Gmsundson & Frost Ditch under Priority No.
88; 2.3 second -feet of water allowed to flow in the Armstrong Ditch
#81 under Priority No. 134; .7 second -feet of water allowed to flow
in the Dry Pork Ditch under Priority No. 64; and .5 second -feet of
water allowed to flow in the Dry Pork Ditch 1st Enlargement under
Priority No. 135.
continued on page 4
BOOK 2125 PAGE 67;
The following real property situated in the County of Mesa,
State of Colorado:
Resurvey Tract 49, formerly EM SW'4, NW( SEX of
Section 14, Township 8 South, Range 99 West
Resurvey Tract 57, in Sections 26, 27 and 28,
Township 8 South, Range 99 West, 6th P.M.
Together with all permits and grazing authorities and leases,
whether federal or state or both, as related to the lands above
described and issued to Grantor with reference to said lands.
Grantor does not and will not warrant title or any continuing
rights with respect to such permits, leases or grazing authorities
and transfer or assignment will be solely in accordance with the
conditions and limitations which appear on the face of such
authorities and as further limited by applicable rules and
regulations of the issuing authorities, and federal and state
statutes. Grantee will maintain such permits, leases and
authorities in full force and effect so long as Grantor retains any
security interest in the lands to be conveyed as above. Together
with all of Grantor's right, title and interest in and to oil, gas
and other minerals in, on or under the lands conveyed hereunder, to
the extent, and only the extent, such interests may be owned by
Grantor on the date of execution of this Deed, excepting all oil,
gas and other minerals as have been previously excepted, reserved
or conveyed by conveyance, patent, or otherwise] and subject to all
existing and recorded leases, permits and authorities to enter,
explore for and remove such oil, gas and other minerals.
^ ` .:V1 ; C: POOR QUALITY DOCUMENT
PROVIDED FOR REPRODUCTION
fsOOk 2125 PAGE 6.74
EXHIBIT "B"
The following exceptions apply to property located in Garfield
County, Colorado.
1. Rights or claims of parties in possession not shown by the
Public records of which Grantee has actual knowledge.
2. Intentionally omitted.
3. Intentionally omitted.
4. Intentionally omitted.
5. Intentionally omitted.
6. Intentionally omitted.
7. Any and all unpaid taxes and assessments for tax year 1994 and
subsequent years.
8 Right of the proprietor of a vein or lode to extract and
remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted, and a
right of way for ditches or canals as constructed by the
authority of the United States, as reserved in the United
States Patents.
9. Map and Statement of the Gaff Ditch, filed April 25, 1885 as
Reception No. 1507.
10. Map and Statement of the Armstrong Ditch filing June 15, 1888
as Reception No. 7715.
11. All coal, the right to mine and remove the same by Act of
June 22, 1910 as reserved in United States Patent recorded
February 18, 1892 in Book 112 at Page 370.
continued on page 2
PAGE 2
1300K 2125 PAGE 6;
12. Right of way for Anderson and Dela Matyr ditch as contained in
statement recorded June 11, 1896 in Book 28 at Page 373.
13. Map and Statement of the L. T. Stewart Reservoir filed July 11, 1902
as Reception No. 26830.
14. Map and Statement of The Boldt Ditch, filed August 16, 1905 as
Reception No. 30980.
15. Map and Statement of The Third Enlargement of The Cottonwood Ditch
filed June 6, 1910 as Reception No. 39632.
16. All coal and other minerals, together with the right to prospect for,
mine and remove the same as reserved in United States Patent recorder
August 19, 1937 in Book 172 at Page 598.
17. All coal and other minerals, the right to prospect for, mine
remove the same as reserved in United States Patent recorded
9, 1937 in Book 191 at Page 172.
18. A perpetual easement and right of way for an irrigation ditch 7 feet
in width across the 81/28E1/4 of section 6, Township 8 South, Range
98 West of the 6th P.M. as granted in instrument recorded June 26,
1939 in Book 181.at Pages 318 and 319.
and
Novembez
19. All coal
mine and
recorded
20. All coal
mine and
February
and other minerals, together with the right to prospect for,
remove the same, as reserved in United States Patent
November 18, 1939 in Book 194 at Page 596.
and other minerals, together with the right to prospect for,
remove the same as reserved in United States Patent recorded
9, 1943 in Book 201 at Page 519.
21. Reservation of an undivided one-half interest in and to any and all
oil and gas lying under and upon said lands with the right of ingress
and egress from said lands for the purpose of exploring, mining,
drilling, extracting and removing such oil and gas, and in that
connection with the right to erect improvements and lay pipelines and
do such other necessary and expedient improvements as might be
required for the operation of oil and gas production but without
interference to the improvements on such lands as reserved by Phillip
A. Moore in deed recorded February 17, 1947 in Book 226 at Page 154
and any interests thepein or assignments thereof.
22. Undivided 5/10 of 1 percent of the minerals as conveyed to Wayne N.
Aspinall by mineral deed recorded May 27, 1947 in Book 227 at Page
165.
23. An undivided 1/10 interest of the minerals as conveyed to N. E.
Pyeatt by mineral deed recorded December 15, 1948 in Book 239 at Page
630
continued on page 3
PAGE 3
BOOK 2125 PAGE 67
24. An undivided 1/10 interest of the minerals as conveyed to N. E.
Pyeatt by mineral deed recorded December 15, 1948 in Book 239 at Page
632.
25. Undivided one-half interest in all oil, gas and other mineral rights,
as reserved by L. W. Tilton in the deed to A. G. Tilton, recorded
March 23, 1950 in Book 249 at Page 197, and all assignments thereof
or interests therein.
26. Reservation of all oil, gas and other minerals on, in, or under all
of said lands, together with the right of ingress and egress in, on
and over said lands for the purpose of mining, drilling, extracting
or exploring said land for oil, gas and other minerals and removing
the same therefrom; together with the use of the surface of said
lands as is necessary or essential to produce, save, transport or
remove therefrom such oil, gas and other minerals as reserved by A.
G. Tilton in deed recorded October 4, 1950 in Book 254 at Page 278,
and any and all interests therein or assignments thereof.
27. One-half interest in all remaining oil, gas and other mineral rights,
as reserved by A. G. Tilton in the deed to Harry H. Satterfield
recorded April 3, 1951 in Book 257 at Page 476, and any and all
assignments thereof, or interests therein.
28. All oil, gas and other mineral rights, as reserved by O. C. Tidwell
in the deed to Charles E. and Dorothy E. Burg, recorded November 26,
1952 in Book 266 at Page 573, and any and all assignments thereof, or
interests therein.
29. Undivided one-half interest in all oil, gas and other mineral rights,
which have not been previously reserved by Harry H. Satterfield in
the deed to Joseph E. Clarkson and Norma S. Clarkson, recorded July
1, 1960 in Book 328 at Page 82, and any and all assignments thereof,
or interests therein.
30. Undivided one-half interest in all oil, gas and other mineral rights,
as reserved by Charles E. Burg aka Chas E. Burg in the deed to W. M.
Metzler and Winifred A. Metzler, recorded January 24, 1963 in Book
346 at Page 539, and any and all assignments thereof, or interests
therein.
31. Undivided one-eighth interest in all oil, gas and other mineral
rights, as reserved by Norma 8. Clarkson in the deed to Richard D.
barley, recorded December 7, 1964, in Book 362 at Page 336, and any
and all assignments thereof or interests therein.
32. Terms and conditions of oil and Gas Lease by and between William T.
spears and Clara A. Spears, as Lessors, and M. Peyton Bucy, as
Lessee, recorded March 13, 1972 in Book 428 at Page 202 and in Book
428 at Pages 180, 200 and 202.
33. Terms and conditions of Oil and Gas Lease by and between William T.
Spears and Clara A. Spears, as Lessors, and Koch Industries, Inc.,
as Lessee, recorded September 4, 1981 in Book 580 at Page 791.
1300K 2125 PAGE 677
PAGE 4
34. Terms and conditions of Hancock Gulch Unitization Agreement as
referred to in Certificate of Unitization recorded February 16, 1979
in Book 522 at Page 959.
35. Right of way agreement between William T. Spear and Clara Spear to
Dyco Petroleum Corporation recorded August 21, 1981 in Book 579 at
Page 671, and as modified by instruments recorded May 31, 1983 in
Book 628 at Page 119, and February 22, 1984 in Book 644 at Page 702
and March 21, 1986 in Book 685 at Page 450.
36. Reservations as contained in deed from William T. Spears and Clara A.
Spears to Enerwest, Inc. recorded August 25, 1981 in Book 579 at Page
869, and Page 884.
37. A sixty foot easement and right of way for pedestrian and vehicular
ingress and egress on, over and across and through a 60 foot strip of
land lying thirty feet on either side of the centerline of County
Road No. 200 as conveyed to Enerwest, Inc. in deed recorded August
25, 1981 in Book 579 at Page 891.
38. Terms and conditions of Agreement for the Boldt Springs Pipeline
described in instrument recorded August 25, 1981 in Book 579 at Page
918.
39. Right of way easement granted to Rocky Mountain Natural Gas in
instrument recorded January 25, 1982 in Book 591 at Page 449 (Affects
Section 11, Township 8 South, Range 98 West of the 6th P.H.)
40. Pipeline Easements as granted to Northern Natural Gas Company by
Enerwest, Inc., by documents recorded January 26, 1982 in Book 591 at
Page 541, and recorded June 25, 1982 in Book 602 at Page 84.
41. Easement and right of way 50 feet in width for the operation,
construction and maintenance to operate a pipeline, or pipelines, and
appurtenances thereto as granted to Northern Natural Gas Company in
instrument recorded January 26, 1982 in Book 591 at Page 553 and as
contained in instrument recorded June 18, 1982 in Book 601 at Page
344.
42. Easement and right of way for the construction, operation and
maintenance of a pipeline or pipelines being 50 feet in width as
granted to Northern Natural Gas Company in instrument recorded
January 26, 1982 in Book 591 at Page 560, and as contained in
instrument recorded June 18, 1982 in Book 601 at Page 351.
43. Pipeline easement granted to Northern Natural Gas Company in
instrument recorded January 26, 1982 in Book 591 at Page 560 and in
instrument recorded June 18, 1982 in Book 601 at Page 351. (Affects
Section 11, Township 8 South, Range 98 West of the 6th P.M.)
44. Pipeline right of way granted to Getty Trading and Transportation
Company in instrument recorded July 5, 1983 in Book 630 at Page 14.
(Affects Section 11, Township 8 South, Range 98 West of the 6th P.M.)
aanl.lnflaA an
PAGE 5
BOOK 2125 PAGE 6'
45. Terms and conditions of oil and gas lease from William T. Spears and
Clara A. Spears, as Lessors, to Celsius Energy Company recorded June
2, 1989 in Book 755 at Page 296, and any interests therein or
assignments thereof.
46. Terms and conditions of Oil and Gas Lease by and between William T.
Spears and Clara A. Spears, as Lessors, and Celsius Energy Company,
as Lessee recorded February 7, 1990 in Book 772 at Page 406.
47. Right of way easement granted to Celsius Energy Company in instrument
recorded December 31, 1990 in Book 796 at Page 175. (Affects Section
11, Township 8 South, Range 98 West of the 6th P.M.)
48. Easement granted to Conquest oil Company in instrument recorded March
1, 1991 in Book 799 at Page 726.
49. Right of way and easement granted to LFC GC,jl Corp., A Delaware
Corporation in instrument recorded April 29, 1991 in Book 803 at Page
82.
50. Road and wellsite right of way granted to Celsius Energy Company in
instrument recorded January 27, 1992 in Book 822 at Page 400.
51. Any interest of Otis C. Coles, Jr. and Susan K. Coles in and
to the boundary conflict between Tracts 41 and 42 in Township
7 South, Range 100 West as shown on the independent resurvey
accepted by the Department of the Interior General Land Office
on January 23, 1928.
52. Lack of a right of access from the land to any open public road,
street or highway. NOTE: Pertains only to the following lands:
N1/28E1/4, NE1/48W1/4, and Lots 1, 2, and 4, Section 15, Lot 2,
Section 16 and Tracts 48G and 488 all in Township 7 South, Range 100
West. SW1/4881/4 Section 16, SE1/48E1/4 Section 17, SW1/48E1/4,
NE1/4SE1/4 Section 18, Lot 9 and N1/2NE1/4 Section 19, N1/2N1/2
Section 20 all in Township 7 South, Range 99 West. Tracts 39, 41, 42
and 43, in Township 7 South, Range 99 West. Section 11, Township 8
South, Range 98 West.
53. Easement and right of way for the Dry Fork Ditch No. 44, omundson
Ditch and Frost Ditch No. 62 insofar as they may affect subject
property.
54. Rights of way for any County Roads.
55. Any and all mining claims, arising from or on account of recorded
Location Certificate, Affidavits of Labor, Assignments and
Conveyances of such claims or interests therein.
PAGE 6
BOOK 2125 PAGE 67;
The following exceptions apply to property located in Mesa County,
Colorado.
1. Rights or claims of parties in possession not shown by the Public records
of which Grantee has actual knowledge.
2. Intentionally oinitted.
3. Intentionally omitted.
4. Intentionally oinitted.
5. Intentionally omitted.
6. Reservation of right of way for any ditches or canals constructed by the
authority of the United States in U. S. Patent recorded March 31, 1925
in Book 285 at page 63 and in Patent recorded May 4, 1957 in Book 362
at page 199.
7, Excepting and reserving however to the United States, all the coal
and other minerals in the lands so entered and patented, together with
the right to prospect for, mine and remove the same pursuant to the
provisions and limitations of the Act of Dec. 29, 1916 (39 STat 862) as
reserved in U. S. Patent recorded May 4, 1937 in Book 362 at page 199,
affecting Tract 57.
8. Reserving unto Grantors an undivided 1/2 interest in and to all
minerals now owned by grantors lying in and under the lands herein conveyed
together with right of ingress and egress for purpose of prospecting
for, mining and removing the same subject however to payment to the surface
owners of full compensation from Licencess or Lessees of Grantors for any
damagesoccasioned thereby , as reserved by Charles E. Burg aka Chas. E. Burg
and Dorothy E. Burg in Deed to W. M. Metews and Winifred A. Metews recorded
February 8, 1963 in Book 839 at page 366 and any and all assignments thereof
or interests therein.
Rights of surface entry and other incidental rights used, claimed or
asserted under any mineral reservation, lease or conveyance identified in
items 7 and 8 hereof.
10. Right of way between Winifred A. Metzler and W. W. Metzler and State of
Colorado recorded August 31, 1966 in Book 900 at page 109 for a roadway,
as set forth on the sheets attached hereto.
BOOK 2125 PAGE 680
PAGE 7
Grantors reserve a non-exclusive right of way for ditches and canals
as constructed and existing from the points of diversion which exist
to and for the benefit of the lands described on Exhibit B hereto and
all running of the reserved water rights therein and together with
a non-exclusive right of way along said ditches and canals for the sole
purpose of repairing and maintaining the same, as reserved by William T.
Spears and Clara A. Spears in Deed recorded August 25, 1981 in Book 1330
at page 5, as set forth on the sheet attached hereto.
12. Right of way and easement grant recorded June 22, 1992 in Book 1907 at page
177 as set forth on the sheet attached hereto.
13. lack of a right of access from the land to any open public road, street
or highway.
NOTE:This exception is necessary because it does not appear from the
instruments in the office of the Clerk and Recorder of the County in
which subject property is situate that any right of access exists to an
open public roadway.
MISSISSIPPI
STATE OF 120XEIRJ7fl
County of LAUDERDALE
}
FSUOK 2125 PAGE 669
t, TERESA ROBERTS , a Notary Public in and for
said LAUDERDALE County, in the State aforesaid, do hereby certify that
ANGELIA T. COVINGTON who personally known to me to be the
person whose name subscribed to the foregoing Deed, appeared before me this day in person and
aeka owiedged that signed, sealed and delivered the said instrument of writing as
rise and voluntary act and deed for the uses and purposes set forth.
Given under my hand and official seal, this 30TH day of JANUARY
My commission expires
mt7, Cafi(sTaT' ttphas Rizrdi 24, ts9T
Nam wad Address ofRmo Galli Nei* Oead told nmipdc G 33-33-106.3.CRS)
5
0
filed for record in my
0
a
1
r.
PROPERTY PROFILE
Account: R290287
Tax Year: 2003
Parcel: 802910207000
Mill Levy: 54.962000
Estimated Tax: 61.56
Account Type:
Version: 20030407000
Area ID: 029
APR District:
Status:
* This Mill Levy is from the most recent tax roll
;:240:SldrigInfgaleM101 Legal Descrip
A
TILTON, L.W. & C.M. FSECT,TWN,RNG:31-7-98 DESC: 1/2 INT. OIL, GAS & MIN/RTS
828 S. MARVIN AVENUE ONLY, SEC. 31-7-98 & DESC: SEC 36-7-99 TR 61 SEC 6-8-98
TUCSON, AZ 85710-4948 LOT 4 NWNW SEC 35&36 DESC: 7-99 TR 59,60 SEC.
21,22,26,27,28 TR 50,52,55,56
Property
SEVERED MINERALS, CO
Assessment ----- - L
ssesse
RSQUAREF
resan
oNzawRe,s.....7.51PAtz
$•-t,.1*.rgaFT,ta8:114+7,FF.4S,,,
roregreteat.'
Exempt
3,860
0
3,860
1,120
0
1,120
0 559.000
0
1,120
SziP2-zr
1g.;9=§07.,FATR'Z'406,'
Amproverneritsu
Ex�rnpt
3,860
0
3,860
1,120
0
1,120
0 559.000
0
1,120
VE:taftelL,
1983,7," -
Garfield County
Account:
Tax Year:
Parcel:
Mill Levy:
Estimated Tax:
* This Mill Levy is from the mos
PROPERTY PROFILE
R290288
2003
802910307000
54.962000
30.78
Account Type:
Version:
Area ID:
APR District:
Status:
ecent tax roll
TILTON TRUSTEE
ATTN: TILTON, ARCH
565 28 1/4 RD #42
GRAND JCT, CO 81506-4929
SEVERED MINERALS, CO
Assessment Information
20030521000
029
A
SECT,TWN,RNG:31-7-98 DESC: 1/4 INT. OIL, GAS & MIN/RTS,
SEC 31-7-98 & SEC 36 DESC: 7-99 TR 61 SEC 6-8-98 LOT 4
NWNW SEC 1-8-99 LOT 1 DESC: (TR 37) SEC. 35&36-7-99 TR
59,60 SEC. 21,22,26-28 DESC: TR 50,52,55,56
IS
1,930
0
1,930
560
0
560
0 280.000
0
560
me
1,930
0
1,930
560
0
560
0 280.000
0
560
Garfield County
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PROPOSED SPORTING SLAYS
AND RIFLE MANGE
High Lonesome/DeBeque Area Map
ek ' - Trail ; =servoir
20
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aver Gulch
pnng
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mney Rock
ball Creek
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8950
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High Lonesome Lodge — Proposed Sporting Ci.ys & Rifle Range Page 3 of 5
Sporting Clays & Rifle Range Location Map
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High Lonesome Lodge — Proposed Sporting Cauys & Rifle Range
N
Sporting Clays & Rifle Range Site Plan Map
Drawn to Scale
BLM Property Boundary
(marked with warning signs)
Page 4 of 5
1
flekt
Scale = 377.14 feet per inch
High Lonesome Lodge — Proposed Sporting (__, s & Rifle Range
Sporting Clays Range Site Plan Map
Drawn to Scale
Sporting
Clays
Range
Page 5 of 5
Scale = 162.71 feet per inch
3-I
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--N-..,,afl157271-0006
R. 99 W. R. 98 WH
31
32
APPROVED
COUNTY ASSESSOR
Recorded a
Reception No
o'clock M
WARRANTY DEED
THIS DEED, Made this 31st day of January
19 95,belween Western Properties, L.P., a Mississippi
Limited Partnersh_p
of the 'County of Lauderdale
of Cat>)eigaR ,iand
610 Enterprises, L.L.C.
whose legal address is 1050 Wilerest, Houston, Texas
of the County of
WITNESSETH, That the grantortal, for and in consideration of the sum of
other good and valuable consideration
the receipt and sufficiency of which is hereby acknowledged, has
do grant, bargain. sell, convey and confirm, unto the grantee(g),
together with improvements, if any, situate, lying and being in the
and State of Colorado, described as follows:
and State
BOOK 2125 PAG 668
1708032 02:50
IIONTKA TODD CLKAREC IIEs
Texas 9)70//.2 2h -a -9s
and State of womb. granuxls):
See attached Exhibit "A"
grained.
its
Ten Dollars ($10.00) and
Mani,
bargained. sold and conveyed, and by these presents
heirs and assigns forever, all the real property.
Coumy of Mesa
also known by street and number as: N /A
assessor's schedule or parcel number.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging. or in any wise appertaining. and the
reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, 'merest, claim and
demand whatsoever of the grantor -Cs), either in law or equity. of, in and to the above bargained premises, with the hereditaments and
appurtenances.
TO HAVE AND'fO HOLD the said premises above bargained and described, with the appurtenances unto thegranlee(st its
heirs and assigns former. And the gramorls0, for ibel f , its heirs, and personal representatives.
do covenant grant, bargain and agree to and with the grantee(s). its heirs and assigns. that at the time of the caseating
and delivery of these presents is well seized of the premises above conveyed. ha good. sure. perfect, absolute
and indefeasible estate of inheritance, in law in fee simple, and ha good right, full poser and lawful authority to grant, bargain, sell
and convey the same in manner and form as aforesaid, and that the same are fox and clear from all former and other grants, bargains.
sales, liens, taxes. assessments, encumbrances and restrictions of whatever kind or nature soever, except such exceptions
set forth on Exhibits A and 8 hereto.
•
The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable
possession of the grantee(M. its heirs and assigns, against all and every person or persons lawfully claiming the whole or any
part thereof
IN WITNESS WHEREOF. The grantor -04 ha s executed this decd on the dale first written above.
Western Properties, L.P.
81s B Ranch, Inc fl its General Partner
i/. i I
'If ia Dcavv,I-ityaod? Angelis T. . ington, V.P.
B :
02/02/95
CouNTr Co
15.83
015.83
CO
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PAGE 2
Tract 39:
Tract 40:
Tract 42:
Tract 43:
Tract 44:
Tract 45:
Tract 57:
Tract 58:
BOOK 2125 PAGE 67:
EXHIBIT "A" - Continued
Being the same land described under the original survey
as the 81/2NE1/4, SE1/4NW1/4 of Section 25
Being the same land described under the original survey
as the E1/28W1/4, and W1/28E1/4 of Section 25
Being the same land described under the original survey
as the 81/28W1/4 and SW1/48E1/4 of Section 23, and
NW1/4NE1/4 of Section 26
Being the same land described under the original survey
as the SW1/4NW1/4 and NW1/48W1/4 of Section 25, and
SE1/4NE1/4 and NE1/48E1/4 of Section 26
Being the same land described under the original survey
as the NE1/4NE1/4 of Section 26
Being the same land described under the original survey
as the SW1/4NE1/4, NW1/48E1/4 AND NE1/48W1/4 of Section
26
Being the same land described under the original survey
as the NE1/48E1/4 of Section 25, Township 7 South, Range
100 West; and Lot 3, the NE1/48W1/4 and the NW1/4SE1/4
of Section 30, Township 7 South, Range 99 West
Being the same land described under the original survey
as the SE1/4SE1/4 of Section 25, Township 7 South,
Range 100 West; Lot 4 of Rection 30 and Lot 1 of Section
31 in Township 7 South, Range 99 West, and NE1/4NE1/4 of
Section 36, Township 7 South, Range 100 West
TOWNSHIP 8 SOUTH, RANGE 98 WEST, 6TH P.M.
Section
6: NW1/48E1/4, NE1/4SW1/4, SE1/4NW1/4, SW1/4NE1/4,
B1/28E1/4, and Lot 4, being the same land described
under the original survey as the NW1/4NW1/4 of said
Section 6
N1/2NE1/4, EXCEPT a one acre tract as
recorded in Book 181 at Page 317,
Garfield County Clerk and Recorder
8: NW1/4NE1/4, N1/2NW1/4, SW1/4NW1/4
9: W1/2NE1/4, SE1/4NE1/4
10: SW1/4NW1/4, NE1/48W1/4
11: N1/2131/2
section 7:
Section
Section
Section
Section
TOWNSHIP 8 SOUTH, RANGE 99 WEST, 6TH P.M.
Section 1:
Section 2:
Section 3:
Tract 39:
Section 6:
described in deed
records of the
Tract 37 being the same land described in the
survey as the NE1/4NE1/4 of said Section 1
Tract 43, being the same land described in
survey as the SW1/4NE1/4 of Section 2
Tract 42, being the same land described in
survey as the BE1/4NE1/4 of said Section 3
In Sections 3 and 4, being the same land
the original survey as Lot 4 of Section 3
Tract 41, being the•same land described
original survey as Lot 4 of said Rection 6.
original
the original
the original
described in
under the
$ abed ao penuttuoo
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BOOK 2125 PAGE 67;
The following real property situated in the County of Mesa,
State of Colorado:
Resurvey Tract 49, formerly 2% SW4, NW% SE'% of
Section 14, Township 8 South, Range 99 West
Resurvey Tract 57, in Sections 26, 27 and 28,
Township 8 South, Range 99 West, 6th P.M.
Together with all permits and grazing authorities and leases,
whether federal or state or both, as related to the lands above
described and issued to Grantor with reference to said lands.
Grantor does not and will not warrant title or any continuing
rights with respect to such permits, leases or grazing authorities
and transfer or assignment will be solely in accordance with the
conditions and limitations which appear On the face of such
authorities and as further limited by applicable rules and
regulations of the issuing authorities, and federal and state
statutes. Grantee will maintain such permits, leases and
authorities in full force and effect so long as Grantor retains any
security interest in the lands to be conveyed as above. Together
with all. of Grantor's right, title and interest in and to oil, gas
and other minerals in, on or under the lands conveyed hereunder, to
the extent, and only the extent, such interests may be owned by
Grantor on the date of execution of this need, excepting all oil,
gas and other minerals as have been previously excepted, reserved
or conveyed by conveyance, patent, or otherwise; and subject to all
existing and recorded leases, permits and authorities to enter,
explore for and remove such oil, gas and other minerals.
FOOR QUALI iY D8CUA.i.NT
PROb9DED FOR REPRODUCTION
abed uo panurquoa
'OLE abed ae ZIT x0o8 uT Z681 '8T dzenzgaa
papzooaz luaaed salels paTTun uT panzasaz se 0161 'ZZ aunp
3o goy Aq awes alp anowaz pue aures o1 1gbTl aqg ' ieoa !IV 'TT
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8881 'Si aunp BuTIT3 gonTu buoznswav aqi 3o quawaieis pue dew
'LOST -ow uotldaoau
se 5881 'SZ tTzdv PaTT3 '1431Tn 33eu aq1 30 ivawageis pue dew
*equaled sagugs
paITun aql uT panzasaz se 'sageas pagTun egg 3o ditzogine
alp Aq paionzisuoo se sieueo JO sagoITp zo3 .tem 3o ig6Tz
e pue 'paiuezb dgazaq sasTwazd aqi aoaszaauT zo siezlauad
of puno; aq awes alp pinogs 'wo.Jazagq azo sTg anowaz
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Aq
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PAGE 2
BOOK 2125 PAGE 6;
12. Right of way for Anderson and Dela Matyr ditch as contained in
statement recorded June 11, 1896 in Book 28 at Page 373.
13. Map and Statement of the L. T. Stewart Reservoir filed July 11, 1902
as Reception No. 26830.
14. Map and Statement of The Boldt Ditch, filed August 16, 1905 as
Reception No. 30980.
15. Map and Statement of The Third Enlargement of The Cottonwood Ditch
filed June 6, 1910 as Reception No. 39632.
16. All coal and other minerals, together with the right to prospect for,
mine and remove the same as reserved in United States Patent recorder
August 19, 1937 in Book 172 at Page 598.
17. All coal and other minerals, the right to prospect for, mine and
remove the same as reserved in United States Patent recorded Novembez
9, 1937 in Book 191 at Page 172.
18. A perpetual easement and right of way for an irrigation ditch 7 feet
in width across the 81/28E1/4 of Section 6, Township 8 South, Range
98 West of the 6th P.M. as granted in instrument recorded June 26,
1939 in Book 181 at Pages 318 and 319.
19. All coal
mine and
recorded
20. All coal
mine and
February
and other minerals, together with the right to prospect for,
remove the same, as reserved in United States Patent
November 18, 1939 in Book 194 at Page 596.
and other minerals, together with the right to prospect for,
remove the same as reserved in United States Patent recorded
9, 1943 in Book 201 at Page 519.
21. Reservation of an undivided one-half interest in and to any and all
oil and gas lying under and upon said lands with the right of ingress
and egress from said lands for the purpose of exploring, mining,
drilling, extracting and removing such oil and gas, and in that
connection with the right to erect improvements and lay pipelines and
do such other necessary and expedient improvements as might be
required for the operation of oil and gas production but without
interference to the improvements on such lands as reserved by Phillip
A. Moore in deed recorded February 17, 1947 in Book 226 at Page 154
and any interests therein or assignments thereof.
22. Undivided 5/10 of 1 percent of the minerals as conveyed to Wayne N.
Aspinall by mineral deed recorded May 27, 1947 in Book 227 at Page
165.
23. An undivided 1/10 interest of the minerals as conveyed to N. E.
Pyeatt by mineral deed recorded December 15, 1948 in Book 239 at Page
630.
continued on page 3
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BOOK 2125 PAGE 677
PAGE 4
34. Terms and conditions of Hancock Gulch Unitization Agreement as
referred to in Certificate of Unitization recorded February 16, 1979
in Book 522 at Page 959.
35. Right of way agreement between William T. Spear and Clara Spear to
Dyco Petroleum Corporation recorded August 21, 1981 in Book 579 at
Page 671, and as modified by instruments recorded May 31, 1983 in
Book 628 at Page 119, and February 22, 1984 in Book 644 at Page 702
and March 21, 1986 in Book 685 at Page 450.
36. Reservations as contained in deed from William T. Spears and Clara A.
Spears to Enerwest, Inc. recorded August 25, 1981 in Book 579 at Page
869, and Page 884.
37. A sixty foot easement and right of way for pedestrian and vehicular
ingress and egress on, over and across and through a 60 foot strip of
land lying thirty feet on either side of the centerline of County
Road No. 200 as conveyed to Enerwest, Inc. in deed recorded August
25, 1981 in Book 579 at Page 891.
38. Terms and conditions of Agreement for the Boldt Springs Pipeline
described in instrument recorded August 25, 1981 in Book 579 at Page
918.
39. Right of way easement granted to Rocky Mountain Natural Gas in
instrument recorded January 25, 1982 in Book 591 at Page 449 (Affects
Section 11, Township 8 South, Range 98 West of the 6th P.M.)
40. Pipeline Easements as granted to Northern Natural Gas Company by
Enerwest, Inc., by documents recorded January 26, 1982 in Book 591 at
Page 541, and recorded June 25, 1982 in Book 602 at Page 84.
41. Easement and right of way 50 feet in width for the operation,
construction and maintenance to operate a pipeline, or pipelines, and
appurtenances thereto as granted to Northern Natural Gas Company in
instrument recorded January 26, 1982 in Book 591 at Page 553 and as
contained in instrument recorded June 18, 1982 in Book 601 at Page
344.
42. Easement and right of way for the construction, operation and
maintenance of a pipeline or pipelines being 50 feet in width as
granted to Northern Natural Gas Company in instrument recorded
January 26, 1982 in Book 591 at Page 560, and as contained in
instrument recorded June 18, 1982 in Book 601 at Page 351.
43. Pipeline easement granted to Northern Natural Gas Company in
instrument recorded January 26, 1982 in Book 591 at Page 560 and in
instrument recorded June 18, 1982 in Book 601 at Page 351. (Affects
Section 11, Township 8 South, Range 98 West of the 6th P.H.)
44. Pipeline right of way granted to Getty Trading and Transportation
Company in instrument recorded July 5, 1983 in Book 630 at Page 14.
(Affects Section 11, Township 8 South, Range 98 West of the 6th P.H.)
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PAGE 6
BOOK 2125 PAGE 67.
The following exceptions apply to property located in Mesa County,
Colorado.
1. Rights or claims of parties in possession not shown by the Public records
of which Grantee has actual knowledae.
2. Intentionally omitted.
3. Intentionally omitted.
4. Intentionally omitted.
5. Intentionally omitted.
6. Reservation of right of way for any ditches or canals constructed by the
authority of the United States in U. S. Patent recorded March 31, 1925
in Book 285 at page 63 and in Patent recorded May 4, 1957 in Book 362
at page 199.
7, Excepting and reserving however to the United States, all the coal
and other minerals in the lands so entered and patented, together with
the right to prospect for, mine and remove the same pursuant to the
provisions and limitations of the Act of Dec. 29, 1916 (39 Slat 862) as
reserved in U. S. Patent recorded May 4, 1937 in Book 362 at page 199,
affecting Tract 57.
8. Reserving unto Grantors an undivided 1/2 interest in and to all
minerals now owned by grantors lying in and under the lands herein conveyed
together with right of ingress and egress for purpose of prospecting
for, mining and removing the same subject however to payment to the surface
owners of full compensation from Licencess or Lessees of Grantors for any
damagesoccasioned thereby , as reserved by Charles E. Burg aka Chas. E. Burg
and Dorothy E. Burg in Deed to W. M. Metews and Winifred A. Metews recorded
February 8, 1963 in Book 839 at page 366 and any and all assignments thereof
or interests therein.
9. Rights of surface entry and other incidental rights used, claimed or
asserted under any mineral reservation, lease or conveyance identified in
items 7 and 8 hereof.
10_ Right of way between Winifred A. Metzler and W. W. Metzler and State of
Colorado recorded August 31, 1966 in Book 900 at page 109 for a roadway,
as set forth on the sheets attached hereto.
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MISSISSIPPI
STATE OP Q floc D(
County of LAUDERDALE
St..IK 2125 PAGE 669
1, TERESA ROBERTS , a Notary Public in and for
said LAUDERDALE County, in the State aforesaid, do hereby certify that
ANGELIA T. COVINGTON who personally known to me to be the
person whose name subscribed to the foregoing Deed, appeared before me this day in person and
acknowkdgcd that signed, sealed and delivered she said instrument of writing as
free and voluntary act and deed for the uses and purposes sa forth.
Given under my hand and official seal, this 30TH
My commission aspires
TaQ tkn-sa dsiat arks )Bard 29. I99$
Nem ma Maus d tate (].my Newly Owed Lepl D S do 63L35-IO6-1, CR -S4
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31Id021d A1213dOHd
Account:
Tax Year:
Parcel:
PROPERTY PROFILE
R290288
2003
802910307000
Account Type:
Version:
Area ID:
Mill Levy: 54.962000 APR District:
Estimated Tax: 30.78 Status:
* This Mill Levy is from the most recent tax roll
Name and Address Information Legal Description
TILTON TRUSTEE
ATTN: TILTON, ARCH
565 28 1/4 RD #42
GRAND JCT, CO 81506-4929
Property Location
SEVERED MINERALS, CO
Assessment Information
Actual
20030521000
029
A
SECT,TWN,RNG:31-7-98 DESC: 1/4 INT. OIL, GAS & MIN/RTS,
,SEC 31-7-98 & SEC 36 DESC: 7-99 TR 61 SEC 6-8-98 LOT 4
NWNW SEC 1-8-99 LOT 1 DESC: (TR 37) SEC. 35&36-7-99 TR
59,60 SEC. 21,22,26-28 DESC: TR 50,52,55,56
Assessed
SQUARE FEET
Acres
Taxable
Tax Year: 2003
Land
Improvements
Exempt
To
1,930
0
1,930
560
0
560
0 280.000
0
560
Tax Year 2002
Land
Improvements
Exempt
Total
1,930
0
1,930
560
0
560
0 280.000
0
560
Garfield County