HomeMy WebLinkAbout4.0 Resolution 2005-561111111 11111 IIIII 11111111111E! III 1111111111111
679494 08/03/2005 04:18P 61713 P859 M ALSDORF
1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
)ss
COUNTY OF GARFIELD )
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in
the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday, the 1st
day of August, 2005, there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Tresi Houpt , Commissioner
Carolyn Dalhgren , Deputy County Attorney
Mildred Alsdorf , Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. eons -56
A RESOLUTION CONCERNED WITH THE APPROVAL OF A CONDITIONAL USE PERMIT
APPLICATION FOR TURNBERRY RANCH LLC.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received
application from Turnberry Ranch LLC, concerned with a Conditional Use Permit to allow for an Aircraft
Landing Strip (Heliport);
WHEREAS, the Board held a public hearing on the 2nd day of March, 2005 and continued said
hearing to the 20`h day June, 2005, upon the question of whether the above-described Conditional Use Permit
should be granted or denied, at which hearing the public and interested persons were given the opportunity to
express their opinions regarding the issuance of said Conditional Use Permit; and
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of fact:
1. That proper publication and public notice was provided as required by law for the hearing
before the Board of County Commissioners.
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 hearing.
•
1111111 1111i 1E1111 Ell 1111 111I I111II11111E111111 Iltl
679494 08/03/2005 04:18P 81713 P860 M ALSDORF
2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
3. For the above stated and other reasons, the proposed use is in the best interest of the health,
safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE TT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that the Conditional Use Permit be and hereby is approved to allow for a community
building, upon the following specific conditions:
All representations of the applicants contained in the application and made during the public
hearing on the application shall be considered conditions of approval, unless they are modified
by the Board of County Commissioners.
The helipad will be limited to use to the applicant's single helicopter use, provided that other
helicopter may make use of the helipad in emergency situations.
3. The applicant shall continue to comply with all FAA Notice of Landing Area Proposal (Form
7480) requirements.
4. Prior to approval of the Conditional Use permit, the applicant shall get a final determination from
the U.S. Army Corps of Engineers regarding the placement of the helipad in the jurisdictional
area of the Corp. If the approval for Helipad A cannot be accomplished, the applicant shall use
Helipad B..
5. Flights to and from the helipad shall occur only during daylight hours (dawn to dusk).
6. The minimum flight elevation to be maintained over residences shall be 1000 ft. above ground
level (AGL), provided that the Applicant shall be allowed a lower AGL in times of inclement
weather. Hovering operations over any of the surrounding properties or residences shall not be
allowed. Flight paths shall be varied to minimize impacts to any single property or
neighborhood.
7. Prior to issuance of the permit, an emergency response plan will be provided to the County,
identifying methods and techniques to be utilized in dealing with a helicopter related accident
and the source of accessible fire protection water.
8. The Applicant shall provide neighboring property owners with current contact information for
the purpose of lodging with Applicant , complaints relating to flight operations.
9. No fixed wing aircraft will be allowed to land on the property without the Applicant receiving a
appropriate land use permit from the Board of County Commissioners.
1111111 111111 1111111 11111 1111 1111 1111111111 11111 1111E1
679494 08/03/2005 04:18P B1713 P861 M ALSDORF
3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
Dated this 1st day of August , 2005
A 1"1 EST:
t` 0) :11111i!�
•
•
C�� le
f the E.r.91af4
•sem
'tion duly made and seconded the foregoing Resolution was
John Martin
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
Chairman
the foll
Larry McCown
Tresi Houpt
STATE OF COLORADO
County of Garfield
ing vote:
, Aye
)ss
, Aye
, Aye
1, , County Clerk and ex -officio Clerk of the Board of County
Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing
Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for
said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at
Glenwood Springs, this day of , A.D. 2005.
County Clerk and ex -officio Clerk of the Board of County Commissioners
Exhibit
E
10/13/2004 09:19 FAX 9709454784
LTG-GLENWOOD SPRINGS gi 006/010
Form AOIORT
Our Order No. GTF240042*1
LTG Policy No. LTH1240042* 1
Schedule A Amount $950,000.00
This Policy is issued in lien of Policy No. LTffi240042 whkh is(are) hereby cancelled.
Property Address:
1. Policy Date: February 10. 2003 at 5:00 P.M.
2. Name of Insured:
TURNBERRY RANCH, LLC, A FLORIDA LIMITED LIABILITY COMPANY
3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is:
A Fee Simple
4. Title to the estate or interest covered by this policy at the date hereof is vested in:
TURNBERRY RANCH, LLC, A FLORIDA LIMITED LIABILITY COMPANY
5. The land referred to in this policy is described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
This Policy valid only if Schedule B is attached.
Land Title Guarantee Company
Representing Old Republic National Title Insurance Company
10/13/2004 09:19 FAX 9709454784 LTG-GLENWOOD SPRINGS tgg007/010
1 LTG Policy No. LT1U240042*1
Our Order No. GTF240042*1
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN SECTION 8, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8, A STONE IN PLACE; THENCE S
00 DEGREES 42' 56" E ALONG THE EASTERLY BOUNDARY OF SAID SECTION 8 A DISTANCE
OF 70.74 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE EASTERLY
BOUNDARY OF SAID SECTION 8 S 00 DEGREES 42' 56" E A DISTANCE OF 537.86 FEET;
THENCE LEAVING SAID EASTERLY BOUNDARY S 66 DEGREES 15' 22" W A DISTANCE OF
583.50 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
493.72 FEET AND A CENTRAL ANGLE OF 12 DEGREES 02' 29" A DISTANCE OF 103.76 FEET
(CHORD BEARS S 72 DEGREES 16' 37" W 103.57 FEET); THENCE S 78 DEGREES 17' 52" W
A DISTANCE OF 71.79 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS OF 975.80 FEET AND A CENTRAL ANGLE OF 31 DEGREES 09' 02", A DISTANCE OF
530.52 FEET (CHORD BEARS S 62 DEGREES 43' 21" W 524.01 FEET); THENCE S 47
DEGREES 08' 50" W A DISTANCE OF 1364.93 FEET; THENCE ALONG THE ARC OF A CURVE
TO THE RIGHT HAVING A RADIUS OF 777.35 FEET AND A CENTRAL ANGLE OF 25 DEGREES
31' 24", A DISTANCE OF 346.28 FEET (CHORD BEARS S 59 DEGREES 54' 32" W 343.43
FEET); THENCE S 72 DEGREES 40' 14" W A DISTANCE OF 462.13 FEET; THENCE ALONG
THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 818.75 FEET AND A CENTRAL
ANGLE OF 11 DEGREES 26' 00", A DISTANCE OF 163.38 FEET (CHORD BEARS S 78
DEGREES 23' 14" W 163.11 FEET); THENCE S 84 DEGREES 06' 14" W A DISTANCE OF
1828.61 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF COUNTY ROAD NO. 113;
THENCE THE FOLLOWING EIGHT (8) COURSES ALONG SAID EASTERLY RIGHT OF WAY:
1) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 646.63 FEET AND A
CENTRAL ANGLE OF 02 DEGREES 27' 48", A DISTANCE OF 27.80 FEET (CHORD BEARS N 23
DEGREES 54' 47' E 27.80 FE'I!T)
2) N 25 DEGREES 08' 41" E A DISTANCE OF 79.76 FEET
3)ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 746.12 FEET AND A
CENTRAL ANGLE OF 39 DEGREES 36' 05", A DISTANCE OF 515.70 FEET (CHORD BEARS N
05 DEGREES 20' 39' E 505.50 FEET)
4) N 14 DEGREES 27' 24" W A DISTANCE OF 189.66 FEET
5) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 430.00 FEET AND A
CENTRAL ANGLE OF 51 DEGREES 09' 58", A DISTANCE OF 384.00 FEET (CHORD BEARS N
11 DEGREES 07' 35" E 371.36 FEET)
6) N 36 DEGREES 42' 34" E A DISTANCE OF 395.58 FEET
7) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1143.07 FEET AND A
CENTRAL ANGLE OF 10 DEGREES 19' 21" A DISTANCE OF 205.94 FEET (CHORD BEARS N 31
DEGREES 32' 54" E 205.66 FEET)
8) N 26 DEGREES 23' 12" B A DISTANCE OF 111.03 FEET; THENCE LEAVING SAID RIGHT
OF WAY S 37 DEGREES 16' 06' E A DISTANCE OF 243.76 FEET; THENCE ALONG THE ARC
OF A CURVE TO THE LEFT HAVING A RADIUS OF 975.00 FEET AND A CENTRAL ANGLE OF 36
DEGREES 10' 12" A DISTANCE OF 615.50 FEET (CHORD BEARS S 89 DEGREES 28' 22" E
605.33 FEET); THENCE N 72 DEGREES 26' 32" E A DISTANCE OF 603.88 FEET; THENCE
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 325.00 FEET AND A
CENTRAL ANGLE OF 19 DEGREES 19' 53`, A DISTANCE OF 109.65 PET (CHORD BEARS N
82 DEGREES 06' 29' E 109.13 FEET); THENCE S 88 DEGREES 13' 35' E A DISTANCE OF
620.22 FrEI ; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
274.99 FEET AND A CENTRAL ANGLE OF 35 DEGREES 28' 43", A DISTANCE OF 170.28
FEET (CHORD BEARS N 74 DEGREES 02' 04" E 167.57 FEET); THENCE N 56 DEGREES 17'
10/13/2004 09:20 FAX 9709454784 LTG-GLENWOOD SPRINGS Q008/010
LTG Policy No. LTHI240042*1
Our Order No. GTF240042*1
LEGAL DESCRIPTION
42' E A DISTANCE OF 14.03 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 375.00 FEET AND A CENTRAL ANGLE OF 39 DEGREES 14' 06', A
DISTANCE OF 256.79 FEET (CHORD BEARS N 36 DEGREES 40' 39" E 251.80 FEET);
THENCE N 17 DEGREES 03' 36" E A DISTANCE OF 215.24 FEET; THENCE ALONG THE ARC
OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF
48 DEGREES 25' 10", A DISTANCE OF 169.02 FEET (CHORD BEARS N 41 DEGREES 16' 11"
E 164.03 FEET); THENCE N 65 DEGREES 28' 46" E A DISTANCE OF 196.02 FEET; THENCE
N 00 DEGREES 16' 50" W A DISTANCE OF 13L07 FEET; THENCE N 89 DEGREES 57' 13"
E, A DISTANCE OF 1640. 85 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
10/13/2004 09:20 FAX 9709454784 LTG-GLENWOOD SPRINGS
Q4009/010
Form AO/ORT
Our Order No. GTF240042*1
Schedule B
LTG Policy No. LTHI240042*1
This policy does not insure against loss or damage liy reason of the following:
1. Rights or claims of parties in possession not shown the public records.
2. Easements, or claims of easements, not shown by file public records.
3. Discrepancies, conflicts in boundary lines, shortagelin area, encroachments, and any facts which a correct survey and
inspection of the premises would disclose and whirl$ are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. TAXES FOR 2003 AND SUBSEQUENT YEARS )NLY, NOT YET DUE AND PAYABLE.
6. DEED OF TRUST DATED FEBRUARY 07, 2003, FROM TURNBERRY RANCH, LLC, A FLORIDA
LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE
USE OF BANK OF AMERICA, N.A. A NATIONAL ASSOCIATION TO SECURE THE SUM OF
$2,000,000.00 RECORDED FEBRUARY 10, 2003, IN BOOK 1435 AT PAGE 409 UNDER
RECEPTION NO. 620452.
7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 20, 1895, IN BOOK 12
AT PAGE 377, AND RECORDED OCTOBER 31, 1922 AND RECORDED OCTOBER 31, 1922
IN BOOK 112 AT PAGE 553
8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 21, 1895
IN BOOK 12 AT PAGE 377, AND RECORDED OCTOBER 31, 1922 IN BOOK 112 AT PAGE
553.
9. AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL AND GAS TOGETHER WITH THE
RIGAT TO GO UPON SAID LAND AND OCCUPY SO MUCH OF SAID LAND AS NECESSARY TO
DRILL, PRODUCE AND MARKET SAID OIL AND GAS AS RESERVED BY LORETTA SUMERS
IN WARRANTY DEED RECORDED NOVEMBER 17, 1942 IN BOOK 207 AT PAGE 254, ANY
AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
10. UNDIVIDED FIFTY PERCENT ROYALTY ON ALL OIL, GAS AND OTHER MINERALS THAT MAY
BE PRODUCED AND SAVED FROM SUBJECT PROPERTY AS RESERVED IN INSTRUMENT
RECORDED OCTOBER 8, 1968 IN BOOK 397 AT PAGE 183, ANY AND ALL ASSIGNMENTS
THEREOF OR INTERESTS THEREIN.
10/13/2004 09:21 FAX 9709454784 LTG-GLENWOOD SPRINGS a010/010
Form AO/ORT
Our Order No. GTF240042+1
Schedule B
LTG Policy No. LTH1240042#1
11. RIGHT OF WAY FOR THE UNINTERRUPTED FLOW OF CATTLE CREEK.
12. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS SHOWN ON THE PLAT OF SUBJECT
PROPERTY DATED MAY 6, 2002 PREPARED BY HIGH COUNTRY ENGINEERING AS JOB NO.
2021617.10
ITEM NOS. 1 THROUGH 3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED.
ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING
FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF ASPEN
BLUE SKY HOLDINGS, LLC.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR
ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF
TURNBERRY RANCH, LLC, A FLORIDA LIMITED LIABILITY COMPANY.
10/13/2004 09:17 FAX 9709454784 LTG-GLENWOOD SPRINGS [1001/0113
GUARANTEE COMPANY
By: Tom Schuneman
tschunemanAc com
970.945.2610 (phone)
970.945.4784 (fax)
FAX TRANSM111 AL
Wednesday, October 13, 2004
9:08 AM
TO:T. Thulson FAX: 945-8902
#PGS: 10 (Including cover)
RE: Turnberry
REMARKS: Apparently we realized the mistake in the Turnberry policies
and issued revised policies.
1317 GRAND AVENUE, SUITE 200 — GLENWOOD SPRINGS, CO 81601
phone 970-945-2610 fax 970-945-4784
THANK YOU FOR THE OPPORTUNITY TO SERVE YOii
Exhibit
F
10/13/2004 09:17 FAX 9709454784 LTG-GLENVP00D SPRINGS Q002/010
orm AO/ORT
Our Order No. GTF240041*1 Schedule A
This Policy is issued in lieu of Polity No. LTHI240041 which Ware) hereby cancelled.
LTG Policy No. LTH1240041*1
Amount $2.600,000.00
Property Address:
1. Policy Date: February 10.2003 at 5:00 P.M.
2. Name of Insured:
TURNBERRY RANCH, LLC, A FLORIDA LIMITED LIABILITY COMPANY
3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is:
A Fee Simple
4. 'Title to the estate or interest covered by this policy at the date hereof is vested in:
TURNBERRY RANCH, LLC, A FLORIDA LLMrrED LIABILITY COMPANY
S. The land referred to m this policy is described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
'Phis Policy valid only if Schedule B is attached.
Land Title Guarantee Company
Ring Old Republic National Title Insurance Company
7
10/13/2004 09:18 FAX 9709454784
LTG-GLENWOOD SPRINGS Q003/010
LTG Policy No. LTH1240041 * 1
Our Order No. GTF240041 * 1
LEGAL DESCRIPTION
PARCEL A:
APARCEL OF�LAND �IAN, COUNTY OF GA8RFIELD, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE
SIXTH STTATE OF COLORADO, SAID PARCEL
S
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 8, A COUNTY SURVEYOR BRASS
CAP IN PLACE, THE POINT OF BEGINNING; THENCE N 88 DEGREES 32' 25" W ALONG THE
SOUTHERLY BOUNDARY OF SAID SECTION 8 A DISTANCE OF 2628.34 FEET TO THE SOUTH
QUARTER CORNER OF SAID SECTION 8, A REBAR AND CAP L.S. 115710 IN PLACE;
THENCE
CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID SECTION 8 N 88 DEGREES 32' 55'
W A DISTANCE OF 2628.02 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 8, A
COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 00 DEGREES 30' 12' W ALONG THE
WESTERLY BOUNDARY OF SAID SECTION 8 A DISTANCE OF 1456.39 FEET TO A POINT ON
THE WESTERLY RIGHT OF WAY OF COUNTY ROAD NO. 100; THENCE LEAVING SAID WESTERLY
BOUNDARY THE FOLLOWING SIX (6) COURSES ALONG SAID WESTERLY RIGHT OF WAY:
1) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 177.19 FEET AND A
CENTRAL ANGLE OF 75 DEGREES 12'14" A DISTANCE OF 232.57 FEET (CHORD BEARS N 55
DEGREES 13' 52" E 216.23 FEET)
2)ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1019.46 FEET AND A
CENTRAL ANGLE OF 06 DEGREES 00' 00', A DISTANCE OF 106.76 FEET (CHORD BEARS N
20 DEGREES 37' 45' E 106.71 FEET)
3) N 23 DEGREES 37' 45' E A DISTANCE OF 124.77 FEET
4) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 526.45 FEET AND A
CENTRAL ANGLE OF 31 DEGREES 59' 42', A DISTANCE OF 293.98 FEET (CHORD BEARS N
07 DEGREES 37' 54" E 290.17 FEET)
5) N 08 DEGREES 21' 57" W A DISTANCE OF 169.44 FEET
6)ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 646.63 FEET AND A
CENTRAL ANGLE OF 31 DEGREES 02' 50", A DISTANCE OF 350.39 FEET (CHORD BEARS N
07 DEGREES 09' 28' E 346.12 FEET); THENCE LEAVING SAID WESTERLY RIGHT OF WAY N
84 DEGREES 06' 14' E A DISTANCE OF 1828.61 FEET; THENCE ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 818.75 FEET AND A CENTRAL ANGLE OF 11
DEGREES 26' 00", A DISTANCE OF 163.38 FEET (CHORD BEARS N 78 DEGREES 23' 14' E
163.11 FEET); THENCE N 72 DEGREES 40' 14" E A DISTANCE OF 462.13 FEET; THENCE
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 777.35 FEET AND A
CENTRAL ANGLE OF 25 DEGREES 31' 24", A DISTANCE OF 346.28 FEET (CHORD BEARS N
59 DEGREES 54' 32' E 343.43 FEET); THENCE N 47 DEGREES 08' 50' E A DISTANCE OF
1364.93 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
975.80 FEET AND A CENTRAL ANGLE OF 31 DEGREES 09' 02", A DISTANCE OF 530.52
FEET (CHORD BEARS N 62 DEGREES 43' 21" E 524.01 FEET); THENCE N 78 DEGREES 17'
52" E A DISTANCE OF 71.79 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 493.72 FEET AND A CENTRAL ANGLE OF 12 DEGREES 02' 29", A
DISTANCE OF 103.76 FEET (CHORD BEARS N 72 DEGREES 16' 38" E 103.57 FEET);
THENCE N 66 DEGREES 15' 22' E A DISTANCE OF 583.50 FEET TO A POINT ON THE
EASTERLY BOUNDARY OF SAID SECTION 8; THENCE S 00 DEGREES 42' 56" E ALONG SAID
EASTERLY BOUNDARY A DISTANCE OF 4706.40 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
10/13/2004 09:18 FAX 9709454784 LTG-GLENWOOD SPRINGS 4004/010
Form AO/ORT
Our Order No. GTF240041 * 1
Schedule B
LTG Policy No. LTH1240041*1
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties m possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and
inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. TAXES FOR 2003 AND SUBSEQUENT YEARS ONLY, NOT YET DUE AND PAYABLE.
6. DEED OF TRUST DATED FEBRUARY 07, 2003, FROM TURNBERRY RANCH, LLC, A FLORIDA
LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE
USE OF BANK OF AMERICA, N.A., A NATIONAL BANKING ASSOCIATION TO SECURE THE
SUM OF $2,000.000.00 RECORDED FEBRUARY 10, 2003, IN BOOK 1435 AT PAGE 409
UNDER RECEPTION NO. 620452.
7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 20, 1895, IN BOOK 12
AT PAGE 377 AND RECORDED OCTOBER 31, 1922 IN BOOK 112 AT PAGE 553
8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 21, 1895
IN BOOK 12 AT PAGE 377, AND RECORDED OCTOBER 31, 1922 IN BOOK 112 AT PAGE
553.
9. AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL AND GAS TOGETHER WITH THE
RIGHT TO GO UPON SAID LAND AND OCCUPY SO MUCH OF SAID LAND AS NECESSARY TO
DRILL, PRODUCE AND MARKET SAID OIL AND GAS AS RESERVED BY LORETTA SUMERS
IN WARRANTY DEED RECORDED NOVEMBER 17, 1942 IN BOOK 207 AT PAGE 254, ANY
AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
10. UNDIVIDED FIFTY PERCENT ROYALTY ON ALL OIL, GAS AND OTHER MINERALS THAT MAY
BE PRODUCED AND SAVED FROM SUBJECT PROPERTY AS RESERVED IN INSTRUMENT
RECORDED OCTOBER 8, 1968 IN BOOK 397 AT PAGE 183, ANY AND ALL ASSIGNMENTS
' THEREOF OR INTERESTS THEREIN.
10/13/2004 09:19 FAX 9709454784
LTG-GLENWOOD SPRINGS a005/010
Form AO/ORT
Our Order No. GTF240041*I
Schedule B
LTG Polley No. LTHT240041*1
11. UTILITY EASEMENT AS GRANTED TO ROCKY MOUNTAIN NATURAL GAS COMPANY, INC. IN
INSTRUMENT RECORDED APRIL 29, 1969, IN BOOK 401 AT PAGE 388.
12. RIGHT OF WAY FOR THE UNINTERRUPTED FLOW OF CATTLE CREEK.
13. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS SHOWN ON THE PLAT OF SUBJECT
PROPERTY DATED MAY 6, 2002 PREPARED BY HIGH COUNTRY ENGINEERING AS JOB NO.
2021617.10
ITEM NOS. 1 THROUGH 3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED.
ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING
FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF ASPEN
BLUE SKY HOLDINGS, LLC.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR
ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF
TURNBERRY RANCH, LLC, A FLORIDA LIMTTED LIABILITY COMPANY.