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HomeMy WebLinkAbout1.0 ApplicationSubmittal Date: • APPLICATION • Special Use Permit GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970.945.8212 Facsimile: 970.945.7785 June 30, 2000 Base Fee: $400 Applicant: SBA Communictions Inc. Address of Applicant: 1720 s. Bellaire St. Suite202Telephone: 303.756.2900 Denver, CO 80222 Special Use Being Requested:Telecommunication Facility Zone District: ARRD Size of Property: Lease Parcel 5625 Sq. Ft. Property 608.2 Acres Application Requirements: These items must be submitted with the application 1] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weeldy and/or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and 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. 3] A map drawn to scale portraying your property, all 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] A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5] A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. 6] Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you must attach an acknowledgment from the property owner that you may act in his/her behalf. 7] For all applications pertaining to airports, the oil and gas industry, power generation and/or transmission industry, or any other classified industrial operation, you must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive; and 5.03.08, inclusive. The consideration of this proposed Special Use will require at least one (1) public hearing, for which public notice must be provided. The Planning Department will mail you information concerning this hearing(s), approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of the public hearing. The information contained within ti's application is complete and correct, to the best of my knowledge: Applicant: Date: /35/67O • • SBA June 30, 2000 Greg Butler Senior Planner Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Cattle Creek Telecommunications Special Use Application Dear Mr. Butler: Enclosed please find the application requirements for a Special Use Permit in Garfield County. SBA is excited about the opportunity to work with and provide services to the residents of Garfield County. We are proposing a telecommunications facility approximately ten miles south of Glenwood Springs on the Crystal River Ranch overlooking the Highway 82 corridor. The facility will consist of two forty-five (45) feet multi -tenant towers. This site will give Garfield County wireless communication coverage for its' residents while not disturbing the beautiful scenery of the county. With increased wireless coverage, residents and visitors will feel more secure along the highway, as well as, enjoy the convenience of wireless services. SBA is committed to minimizing potential impacts to community while providing services that many consumers enjoy. The site at the Crystal River Ranch is located at an elevation of 6830 feet to provide the best coverage and service possible, without building a "monster" tower. The facilities will be hidden and the towers will blend in with the surrounding natural environment. SBA was formed in 1989 to meet the needs of wireless carriers by providing site development services. We are now a publicly traded corporation that owns, operates, and markets their own tower facilities to the major wireless providers. We have the necessary industry relationships and marketing to make a co -locatable site feasible, which in turn affords the county the opportunity to avoid tower proliferation. As you review this application please let me know of any additional information I can provide. I would also enjoy the opportunity to take you and any staff or commission members on a site visit. Thank you for your time and please call me with any questions. Sincerely, Lance Evans Property Specialist 720.320.6368 Enclosure(s): Zoning Drawings, Narrative, Map of proposal, vicinity map, assessor's map and list of surrounding property owners, deed, authorization from landowner, SBA, Inc ® I110 S. Bellaire Street L Suitt 202 ® Denver, (0 80221 ® (303)156-1900 ® Fax: (303) 156-4245 ® www.sbasite.com • Special Use Permit Cattle Creek Multi -User Telecommunication Facility Garfield County, Colorado June 30, 2000 Owner: Crystal River Ranch Company, LLP 1508 County Road 108, P.O. Box 68 Carbondale, CO 81623 Representative/ Applicant: SBA Communications 1720 S. Bellaire St., Suite 202 Denver, CO 80222 Phone 303.756.2900, Fax 303.756.4245 Contact: Lance Evans, Property Specialist Proposed Use: Multi -User Telecommunications Facility consisting of two 45' feet monopoles with a 75'X 75' screened lease parcel. Existing Use: Crystal River Ranch Adjacent Land Uses: North and East: Open Space, Residential South and West: Ranch, Agricultural Location: Within the East 1/2, Southwest 1/4, Section 2 Township 7 South, Range 89 West, Garfield County, Colorado Zone/ Acreage: Agricultural Residential Rural Density/ 600 acres NARRATIVE About SBA SBA is a publicly traded corporation that owns, operates, and markets their own tower facilities to major wireless providers. SBA's specific role in the telecommunication industry is providing co -locatable sites for wireless service companies. Our goal is to provide strategically located, well -constructed, and professionally managed multi -tenant towers. Siting Considerations and Mitigation Measures SBA is proposing two 45' monopoles approximately ten miles south of Glenwood Springs in the East 1/2, Southwest 1/4, Section 2, Township 7 South, Range 89 West, Garfield County, Colorado. SBA is committed to minimizing potential impacts to the community and environment. The site at the Crystal River Ranch has been selected and 1 designed to provide the best coverage and service possible by constructing towers that are inconspicuous in nature. By using the elevation and topography of this property we are able to propose much smaller pole heights and still provide the same amount of coverage as a much taller tower 80' below along Highway 82. Industry standards call for at least ten feet of separation for each carrier. In order to be above the tree line and still provide the necessary coverage, a single pole for five users and a microwave dish would have to be roughly 75' tall. By separating the carriers onto two towers we can reduce this height by thirty feet. Tower and Antenna Design The towers will be tapered monopoles with three antennas or microwave dish per tower. The first pole will have antennas at 45' centerline (elevation) and 35' centerline, with a microwave dish at 25' centerline. The second pole will have three antennas, each with a centerline of 45', 35' and 25' respectively. The microwave dish is required to provide the telephone connections for the site while not disturbing the land with road cuts, trenching, or more poles. Each pole is proposed to have two sector antennas for coverage north and south on Highway 82, with straight-arm mounts and 10' horizontal separation between antennas. Four antennas per sector are proposed with this application, however two antennas will not be constructed until wireless services need the additional capacity. Access and Utilities Access and utilities are a crucial element to any successful communications facility. We selected the proposed location in order to be adjacent to existing power lines and we have opted to use a microwave dish to provide the telephone service requirements rather than placing additional power lines. There will be no need for water or septic service of any kind. Access to the lease parcel will be along an existing jeep trail that starts at County Road 108, approximately four miles to the south. No additional road cuts or utility poles will need to be constructed, minimizing any potential impacts to the property. Compliance with Zoning Code Requirements The proposed facility will reflect the following standards as dictated by the Code (Section 5.03.13 Garfield County Zoning Code): • All facilities will comply with radio frequency emission requirements of the FCC. (Section 5.03.13.1) • The site will be co -locatable to minimize the need for additional towers in the area. (Section 5.03.13.2) Measures taken to allow for an exception in height from the Board (Section 5.03.13.3) • The facility will blend in with the surrounding trees and natural environment by locating in and behind the native vegetation. (Section 5.03.13.3.a) 2 • • • Poles will be tapered and painted to match the surrounding area. (Section 5.03.13.3.b) • The accessory structures will be painted and screened to blend with the natural environment. (Section 5.03.13.3.b) • Towers will be consistent in their construction. (Section 5.03.13.3.c) • Lighting — no lighting will be on the towers or site. • Hours of Operation The antennas will operate continuously, however there will be no significant noise or visual impacts while in use. • Vehicle Trips There will be five (5) vehicle trips on a monthly basis to the site for maintenance. • Structures: The proposed towers will have one support structure per antenna on site. These can range in size from equipment cabinets to a 10' wide, 20' long, 12' high utility shed. Depending on the end users requirements. The site has been selected to minimize the impacts for these structures. The structures will be moved back from the edge of the hill to minimize their size and potential view from offsite. They will also be colored to blend in with the surrounding area. SUMMARY SBA is seeking approval to develop a multi-user telecommunications facility on the Crystal River Ranch. The facility is intended to support five wireless users. To accomplish this, two 45' monopoles will be placed within a 5625 square foot lease parcel. The lease area has been chosen to accomplish good coverage for this section of the Highway 82 corridor and to reduce visibility (if any) from the adjacent properties. The slope away from the ridge, as well as, the trees in the area will screen the site from view. The site at Crystal River Ranch meets the desired technical and zoning criteria for covering the Highway 82 corridor. The Agricultural nature of the site is a desirable and better fit over residential uses, the elevation affords us the opportunity to place relatively short poles without sacrificing the coverage objectives and lastly, the owners have agreed to lease us space. With all of these considerations we hope that the Board of County Commissioners will recommend approval for this telecommunications site. 3 • APPLICATION • Special Use Permit GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970-945-8212 Facsimile: 970-384-3470 Submittal Date: ���'� . I "ZOO \ Base Fee: $400.00 Applicant:,504 �- A1C, ��✓�c� e� l��f�l /1 Address of Applicant: 1720 5 . 202— Telephone: 303-756, -2560 n / Dent er 6_,C1 Conditional Use Being Requested: (,... ,,4iu.et ca.J-roe 7 v.se-r- Zone District: Size of Property: 600 %tx�S — 75 )C 75- L sG , 7c rC r 1 Application Requirements: These items must be submitted with the application v 1.) Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and 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. 3.) A map drawn to scale portraying your property, all 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.) A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5.) A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. 6.) Attach a copy of the deed and a legal description of the property. 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. 7.) For all applications pertaining to airports, the oil and gas industry, power generation and/or transmission industry, or any other classified industrial operation, you must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive; and 5.03.08, inclusive. The consideration of this proposed Special Use will require at least one (1) public hearing for which public notice must be provided. The Planning Department will mail you information concerning this hearing(s), approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of public hearing. The information contained within this application is complete and correct, to the best of my knowledge: Applicant Date: Z--( �C5 SBA Special Use Permit Cattle Creek Multi- User Telecommunication Facility Garfield County, Colorado January 31, 2001 Summary On September 18th, 2000 the Board of County Commissioners followed the positive recommendation of the Garfield County Planning Commission and approved Resolution number 2000-77 for a Special Use Permit Application for two (2) 45 -foot Telecommunication Towers on the Crystal River Ranch. However, due to Radio Frequency (RF) transmission tests at the approved location, it was determined that the site would not meet the coverage objectives for wireless phone companies. Further tests determined that a site along the same ridgeline approximately '/z mile to the southeast would be able to meet the coverage objectives and provide a site that would cover the Highway 82 corridor and "connect" with existing tower sites in Carbondale. With this information SBA decided to pursue one good site to service this area of Garfield County, rather than construct two average sites. Application Owner: Crystal River Ranch Company, LLP 1508 County Road 108, P.O. Box 68 Carbondale, CO 81623 Representative/ Applicant: SBA Communications 1720 S. Bellaire St., Suite 202 Denver, CO 80222 Phone 303.756.2900, Fax 303.756.4245 Contact: Lance Evans, Property Specialist Proposed Use: Multi-user Telecommunications Facility consisting of two 45' feet monopoles with a 75'X 75' screened lease parcel. Existing Use: Crystal River Ranch Adjacent Land Uses: North and East: Open Space, Residential South and West: Ranch, Agricultural Location: Within the northeast 1/4, Section 11 Township 7 South, Range 89 West, Garfield County, Colorado 1 SBA, Inc. 1110 S. Bellaire Street ct Suite 202 El Denver, (0 80222 LI (303) 156-2900 rimi Fax: (303) 156-4245 i www.sbasite.com • • Tower and Antenna Design The first pole will have antennas at 45' centerline elevation and 35' centerline, with a microwave dish at 25' centerline. The second pole will have three antennas, each with a centerline of 45', 35' and 25' respectively. At forty-five (45) feet the towers will be co - locatable and have minimal impact to the adjacent uses while still providing the most service and coverage possible. The microwave dish is required to provide the telephone connections for the site while not disturbing the land with road cuts, trenching, or more poles. Each pole is proposed to have two sector antennas for coverage north and south on Highway 82, with straight arm mounts and 10' horizontal separation between antennas. Four antennas per sector are proposed with this application, however two antennas will not be constructed until wireless services need the additional capacity. 3 Zone/ Acreage: Agricultural Residential Rural Density/ 600 acres NARRATIVE About SBA SBA is a publicly traded corporation that owns, operates, and markets their own tower facilities to the major wireless providers. SBA's specific role in the telecommunication industry is providing co -locatable sites for wireless service companies. Our goal is to provide strategically located, well -constructed, and professionally managed multi -tenant towers. Siting Considerations and Mitigation Measure SBA is proposing two 45' monopoles approximately ten miles south of Glenwood Springs in the East 1/2, Southwest 1/4, Section 2, Township 7 South, Range 89 West, Garfield County, Colorado. SBA is committed to minimizing potential impacts to the community and environment. The site at the Crystal River Ranch has been selected and designed to provide the best coverage and service possible by constructing a tower that is inconspicuous in nature. We have also selected to build two 45' monopole towers to further lessen any visual impacts to the site. This will help the blending of the trees and background, by adding two "twin" towers we will reduce the impact of the sites Compliance with Zoning Code Requirements The proposed facility will reflect the following standards as dictated by the Code: • • The facility will blend in with the surrounding trees and natural environment by painting to match the surroundings and located in and behind the native vegetation. • Design of the poles will be tapered and painted to match the surrounding area. • The structures will be screened with a wood fence stained to blend with the natural environment. • Both communication facilities will be of a consistent in their construction. • Avoid tower proliferation • Taper monopoles • Lighting — no lighting will be on the towers or site. • Hours of Operation The antennas will operate continuously, however there will be no significant noise or visual impacts while in use. • Vehicle Trips There will be five (5) vehicle trips on a monthly basis to the site for maintenance. • Structures: The proposed towers will have one support structure per antenna on site. These can range in size from equipment cabinets to a 10' wide, 20' long, 12' high utility shed. Depending on the end users requirements. The site has been selected to minimize the impacts for these structures. The structures will be moved back from the edge of the hill to minimize their size and potential view from offsite. They will also be colored to blend in with the surrounding area. 2 • • Special Use Permit Cattle Creek Multi- User Telecommunication Facility Garfield County, Colorado January 31, 2001 Summary On September 18th, 2000 the Board of County Commissioners followed the positive recommendation of the Garfield County Planning Commission and approved Resolution number 2000-77 for a Special Use Permit Application for two (2) 45 -foot Telecommunication Towers on the Crystal River Ranch. However, due to Radio Frequency (RF) transmission tests at the approved location, it was determined that the site would not meet the coverage objectives for wireless phone companies. Further tests determined that a site along the same ridgeline approximately 1/2 mile to the southeast would be able to meet the coverage objectives and provide a site that would cover the Highway 82 corridor and "connect" with existing tower sites in Carbondale. With this information SBA decided to pursue one good site to service this area of Garfield County, rather than construct two average sites. Application Owner: Crystal River Ranch Company, LLP 1508 County Road 108, P.O. Box 68 Carbondale, CO 81623 Representative/ Applicant: SBA Communications 1720 S. Bellaire St., Suite 202 Denver, CO 80222 Phone 303.756.2900, Fax 303.756.4245 Contact: Lance Evans, Property Specialist Proposed Use: Multi-user Telecommunications Facility consisting of two 45' feet monopoles with a 75'X 75' screened lease parcel. Existing Use: Crystal River Ranch Adjacent Land Uses: North and East: Open Space, Residential South and West: Ranch, Agricultural Location: Within the northeast 1/4, Section 11 Township 7 South, Range 89 West, Garfield County, Colorado Zone/ Acreage: Agricultural Residential Rural Density/ 600 acres 1 • 1 NARRATIVE About SBA SBA is a publicly traded corporation that owns, operates, and markets their own tower facilities to the major wireless providers. SBA's specific role in the telecommunication industry is providing co -locatable sites for wireless service companies. Our goal is to provide strategically located, well -constructed, and professionally managed multi -tenant towers. Siting Considerations and Mitigation Measure SBA is proposing two 45' monopoles approximately ten miles south of Glenwood Springs in the East 1/2, Southwest 1/4, Section 2, Township 7 South, Range 89 West, Garfield County, Colorado. SBA is committed to minimizing potential impacts to the community and environment. The site at the Crystal River Ranch has been selected and designed to provide the best coverage and service possible by constructing a tower that is inconspicuous in nature. We have also selected to build two 45' monopole towers to further lessen any visual impacts to the site. This will help the blending of the trees and background, by adding two "twin" towers we will reduce the impact of the sites Compliance with Zoning Code Requirements The proposed facility will reflect the following standards as dictated by the Code: • • The facility will blend in with the surrounding trees and natural environment by painting to match the surroundings and located in and behind the native vegetation. • Design of the poles will be tapered and painted to match the surrounding area. • The structures will be screened with a wood fence stained to blend with the natural environment. • Both communication facilities will be of a consistent in their construction. • Avoid tower proliferation • Taper monopoles • Lighting — no lighting will be on the towers or site. • Hours of Operation The antennas will operate continuously, however there will be no significant noise or visual impacts while in use. • Vehicle Trips There will be five (5) vehicle trips on a monthly basis to the site for maintenance. • Structures: The proposed towers will have one support structure per antenna on site. These can range in size from equipment cabinets to a 10' wide, 20' long, 12' high utility shed. Depending on the end users requirements. The site has been selected to minimize the impacts for these structures. The structures will be moved back from the edge of the hill to minimize their size and potential view from offsite. They will also be colored to blend in with the surrounding area. 2 1 • • • Tower and Antenna Design The first pole will have antennas at 45' centerline elevation and 35' centerline, with a microwave dish at 25' centerline. The second pole will have three antennas, each with a centerline of 45', 35' and 25' respectively. At forty-five (45) feet the towers will be co - locatable and have minimal impact to the adjacent uses while still providing the most service and coverage possible. The microwave dish is required to provide the telephone connections for the site while not disturbing the land with road cuts, trenching, or more poles. Each pole is proposed to have two sector antennas for coverage north and south on Highway 82, with straight arm mounts and 10' horizontal separation between antennas. Four antennas per sector are proposed with this application, however two antennas will not be constructed until wireless services need the additional capacity. 3 • • 1 • • APPLICATION Special Use Permit GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970-945-8212 Facsimile: 970-384-3470 Submittal Date: fin , I /2 --CO ` Base Fee: $400.00 Applicant: .30 1- NC., ( �r�c� t� r-----uol /LS Address of Applicant: 172,0 S . r 2-0Z Telephone: 303-756, ©o x J DenJ-er I� -� CA.,n1114.e. c4J-l0 Conditional Use Being Requested: Zone District: Size of Property: ( p rty: � At.�'�S - `7s 7C 7S trsase_ iOarcr_ Application Requirements: These items must be submitted with the application 1.) Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and 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. 3.) A map drawn to scale portraying your property, all 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.) A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5.) A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. 6.) Attach a copy of the deed and a legal description of the property. 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. 7.) For all applications pertaining to airports, the oil and gas industry, power generation and/or transmission industry, or any other classified industrial operation, you must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive; and 5.03.08, inclusive. The consideration of this proposed Special Use will require at least one (1) public hearing for which public notice must be provided. The Planning Department will mail you information concerning this hearing(s), approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of public hearing. The information contained within this application is complete and correct, to the best of my knowledge: Applicant: Date: zr` • • B of CC — April 16th, 2001 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Special Use Permit for a Telecommunication Facility APPLICANT: SBA Communications, Inc. LOCATION: Approximately three miles directly west of Carbondale in the Crystal River Ranch development. Legal description is a leased parcel within the Northeast V4, Section 11, Township 7 South, Range 89 West of the PM, Garfield County in the State of Colorado. SITE DATA: A cellular telephone facility consisting of two 45 -foot monopoles, a 75' X 75' enclosed equipment area at the base of the tower, and concrete pads to support the base transmitting station equipment of each tenant WATER: Unmanned facility. SEWER: Unmanned facility. EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN This proposal is located in Study Area I of the Comprehensive Plan. This part of Garfield County is considered a Visual Corridor. However the applicant is trying to develop this site to minimize visual impacts to the surrounding area. II. INTRODUCTION / DESCRIPTION OF THE PROPOSAL SBA Communications has approached the planning department for permission to construct two 45 -foot monopoles near Cattle Creek on the Crystal River Ranch. It is their intent of the applicant to co -locate as many as five separate carriers on this facility. This site was chosen because it offers a commanding and reasonably obstruction -less view of the Hwy 82 corridor while being able to blend into the background. The proposal will consist have two, 45 -foot monopoles and a base area large enough to enclose five equipment cabinets. One of the monopoles will have 3, three -sector panel antennas mounted on it. The second monopole will have 2 three -panel antennas and a microwave dish. At the base of the tower and surrounded by a six foot mesh -screen fence will be a 75' by 75' area to house the towers and support facilities. Support facilities being a base transmitting station (BTS), radio -receiving equipment set on concrete pads (blueprints and narrative are attached). Access to this unmanned site will be from a jeep trail that starts at CR 108, approximately four miles to the south. Initially there will be construction activity on this site mostly consisting of medium duty trucks and possibly a heavy crane truck, after construction site activity is generally limited to five maintenance visits a month. • M. GARFIELD COUNTY ZONING RESOLUTION There are two section of the Zoning Code that this proposal must be weighed against before the recommendation of approval or denial can be made. Section 5.03, number 3 of the Garfield County Zoning Resolution dealing with Conditional and Special Uses states: Design of the use is organized to minimize impacts 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. SBA Communications has been very thorough in their investigation of Garfield County Zoning Regulations and developing their proposal to conform to those regulations. The applicant is proposing to set the monopoles below the crest of the hill preventing a silhouette -effect. Per Garfield County Zoning Regulations, the proposed monopoles will taper from the base to the tip. The applicant is also taking the following steps to prevent their facility from becoming a visual nuisance: the monopoles will be unlighted; all equipment will be painted to match background vegetation and soils. In order to prevent extensive and unnecessary trenching to the jeep trail that accesses this site the applicant has decided to use a microwave dish to collect the required telephone service. Further in the same Section, 5.03.13 Broadcasting Studio and/or Communication Facility: Such broadcasting studios and/or communication facilities shall be approved by the Federal Communication Commission (FCC) and the Federal Aviation Administration (FAA), where appropriate (A84-78; 97-60). In addition, the following standards will be used in the review application for a communication facility: 1. All facilities shall comply with frequency emission requirements of the FCC and any facility in compliance cannot be denied. 2. The co -location of telecommunication facilities on one site is encouraged and the denial of a landowner/lessor of the co -location of a site shall be based on technical reasons, not competitive interests. It is the County's policy to minimize the number of communication facilities by the encouragement of co -locating such facilities. 3. A freestanding telecommunication facility, including antennas, shall not exceed the maximum structure height in the applicable zone district unless an exception is approved by the Board based on the applicant demonstrating the following: (a) Use of existing land forms, vegetation and structures to aid in screening the facility from view or blending in with the surrounding built natural environment (b) Design, material and colors of antenna and their support structures shall be compatible with the surrounding environment, and monopole support structures shall taper from the base to the tip. (c) It is consistent with existing communication facilities on the same site. SBA gets its right to operate this facility from the Federal Communication Commission (FCC), which assigns frequencies and sets emission standards. Unchecked, uncorrected frequency or emission violation can result in suspension or revocation of their operating license. Because this facility will be below the crest of the hill it will not effect the navigable airspace of any airport in this area. All airport facilities in and around Garfield County have been contacted for their concerns and comments on this development. There is no other usable cellular tower in this area that the applicant can co -locate on. Item"'c" is not applicable to this review. IV. REFERRAL AGENCY COMMENTS The following agencies have been contacted for their concerns and comments: 1. Pitkin County Airport, Sardy Field, Ray Crebbs (No Comment) • 2. Glenwood Springs Airport, Jessica McMillan (No Comment) 3. Garfield County Airport, Kenneth Maenpa (No Comment) 4. Carbondale Planning Department, Mark Chain (No Comment) FCC assigned frequencies for these airport facilities range from 118.85 MHz to 123.8 MHz. The assigned frequency for the applicant is between 1.6 GHz and 2.1 GHz, because of this the chance of cross talk or interference is highly unlikely. (Glenwood Springs and the Rifle airport use 122.8 MHz; Pitkin County uses 118.85, 120.4, 121.9 and 123.8 MHz, respectively.) V. SUGGESTED FINDINGS: 1. The applicant has complied with the public noticing and certified return - receipt mailing requirements. 2. The twenty -foot height variance requested by the applicant will not have an adverse effect on the surrounding area. 3. The applicant has made every effort to development this site in conformance with the requirements set forth in the Garfield County Zoning Resolution. VL RECOMMENDATION: Staff recommends that the Board of County Commissioners Approve this proposal based on the recommendations of the Planning Commission, the above findings and conditions listed below. • The applicant will allow future co -locations. • This facility will be painted to blend in with the background, approved by the planning department. • If the tower becomes dormant for more than six months either the tower owner or the landowner is required to remove the tower at their expense. • That all representations of the applicant, either written or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. • That the applicant meet all requirements of the Garfield County Zoning Resolution of 1978, as amended SBA July 28, 2000 Greg Butler Senior Planner Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 80601 Dear Mr. Butler: • RECEIVED JUL 3 1 2000 Enclosed please find 12 copies of the zoning drawings and photosims of the Cattle Creek Telecommunications Facility for distribution to the Planning Commission. I am looking forward to the Planning Commission on the 9th of August. If possible I would like to present a video of the Highway 82 corridor and the site at the hearing. Please let me know if the County has a television available and whom I should speak to, to reserve it or if I need to make other arrangements. Please call me with any questions you may have about the project and thank you for your timely responses and assistance on the special use. Sinncc ely, Lance Evans Property Specialist 720.320.6368 SBA, Inc. ma 1720 S. Bellaire Street ® Suite 202 Denver, (0 80222 Li (303) 156-2900 en Fax: (303) 156-4245 ® www.sbasite.com SBA June 30, 2000 Greg Butler Senior Planner Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Cattle Creek Telecommunications Special Use Application Dear Mr. Butler: Enclosed please find the application requirements for a Special Use Permit in Garfield County. SBA is excited about the opportunity to work with and provide services to the residents of Garfield County. We are proposing a telecommunications facility approximately ten miles south of Glenwood Springs on the Crystal River Ranch overlooking the Highway 82 corridor. The facility will consist of two forty-five (45) feet multi -tenant towers. This site will give Garfield County wireless communication coverage for its' residents while not disturbing the beautiful scenery of the county. With increased wireless coverage, residents and visitors will feel more secure along the highway, as well as, enjoy the convenience of wireless services. SBA is committed to minimizing potential impacts to community while providing services that many consumers enjoy. The site at the Crystal River Ranch is located at an elevation of 6830 feet to provide the best coverage and service possible, without building a "monster" tower. The facilities will be hidden and the towers will blend in with the surrounding natural environment. SBA was formed in 1989 to meet the needs of wireless carriers by providing site development services. We are now a publicly traded corporation that owns, operates, and markets their own tower facilities to the major wireless providers. We have the necessary industry relationships and marketing to make a co -locatable site feasible, which in turn affords the county the opportunity to avoid tower proliferation. As you review this application please let me know of any additional information I can provide. I would also enjoy the opportunity to take you and any staff or commission members on a site visit. Thank you for your time and please call me with any questions. Sincerely, Lance Evans Property Specialist 720.320.6368 Enclosure(s): Zoning Drawings, Narrative, Map of proposal, vicinity map, assessor's map and list of surrounding property owners, deed, authorization from landowner, SBA, Inc. n 1120 S. Bellaire Street mu Suite 202 n Denver, (0 80222 ® (303) 156-2900 ® Fax: (303) 156-4245 ,» www.sbasite.com 436,7 IN SE IGLENWOOD SPRJNC3S1 1730" 1 500 000 FEET 2 n • S. • • Special Use Permit Cattle Creek Multi -User Telecommunication Facility Garfield County, Colorado June 30, 2000 Owner: Crystal River Ranch Company, LLP 1508 County Road 108, P.O. Box 68 Carbondale, CO 81623 Representative/ Applicant: SBA Communications 1720 S. Bellaire St., Suite 202 Denver, CO 80222 Phone 303.756.2900, Fax 303.756.4245 Contact: Lance Evans, Property Specialist Proposed Use: Multi -User Telecommunications Facility consisting of two 45' feet monopoles with a 75'X 75' screened lease parcel. Existing Use: Crystal River Ranch Adjacent Land Uses: North and East: Open Space, Residential South and West: Ranch, Agricultural Location: Within the East 1/2, Southwest 1/4, Section 2 Township 7 South, Range 89 West, Garfield County, Colorado Zone/ Acreage: Agricultural Residential Rural Density/ 600 acres NARRATIVE About SBA SBA is a publicly traded corporation that owns, operates, and markets their own tower facilities to major wireless providers. SBA's specific role in the telecommunication industry is providing co -locatable sites for wireless service companies. Our goal is to provide strategically located, well -constructed, and professionally managed multi -tenant towers. Siting Considerations and Mitigation Measures SBA is proposing two 45' monopoles approximately ten miles south of Glenwood Springs in the East 1/2, Southwest 1/4, Section 2, Township 7 South, Range 89 West, Garfield County, Colorado. SBA is committed to minimizing potential impacts to the community and environment. The site at the Crystal River Ranch has been selected and • • designed to provide the best coverage and service possible by constructing towers that are inconspicuous in nature. By using the elevation and topography of this property we are able to propose much smaller pole heights and still provide the same amount of coverage as a much taller tower 80' below along Highway 82. Industry standards call for at least ten feet of separation for each carrier. In order to be above the tree line and still provide the necessary coverage, a single pole for five users and a microwave dish would have to be roughly 75' tall. By separating the carriers onto two towers we can reduce this height by thirty feet. Tower and Antenna Design The towers will be tapered monopoles with three antennas or microwave dish per tower. The first pole will have antennas at 45' centerline (elevation) and 35' centerline, with a microwave dish at 25' centerline. The second pole will have three antennas, each with a centerline of 45', 35' and 25' respectively. The microwave dish is required to provide the telephone connections for the site while not disturbing the land with road cuts, trenching, or more poles. Each pole is proposed to have two sector antennas for coverage north and south on Highway 82, with straight-arm mounts and 10' horizontal separation between antennas. Four antennas per sector are proposed with this application, however two antennas will not be constructed until wireless services need the additional capacity. Access and Utilities Access and utilities are a crucial element to any successful communications facility. We selected the proposed location in order to be adjacent to existing power lines and we have opted to use a microwave dish to provide the telephone service requirements rather than placing additional power lines. There will be no need for water or septic service of any kind. Access to the lease parcel will be along an existing jeep trail that starts at County Road 108, approximately four miles to the south. No additional road cuts or utility poles will need to be constructed, minimizing any potential impacts to the property. Compliance with Zoning Code Requirements The proposed facility will reflect the following standards as dictated by the Code (Section 5.03.13 Garfield County Zoning Code): • All facilities will comply with radio frequency emission requirements of the FCC. (Section 5.03.13.1) • The site will be co -locatable to minimize the need for additional towers in the area. (Section 5.03.13.2) Measures taken to allow for an exception in height from the Board (Section 5.03.13.3) • The facility will blend in with the surrounding trees and natural environment by locating in and behind the native vegetation. (Section 5.03.13.3.a) 2 • i • Poles will be tapered and painted to match the surrounding area. (Section 5.03.13.3.b) • The accessory structures will be painted and screened to blend with the natural environment. (Section 5.03.13.3.b) • Towers will be consistent in their construction. (Section 5.03.13.3.c) • Lighting — no lighting will be on the towers or site. • Hours of Operation The antennas will operate continuously, however there will be no significant noise or visual impacts while in use. • Vehicle Trips There will be five (5) vehicle trips on a monthly basis to the site for maintenance. • Structures: The proposed towers will have one support structure per antenna on site. These can range in size from equipment cabinets to a 10' wide, 20' long, 12' high utility shed. Depending on the end users requirements. The site has been selected to minimize the impacts for these structures. The structures will be moved back from the edge of the hill to minimize their size and potential view from offsite. They will also be colored to blend in with the surrounding area. SUMMARY SBA is seeking approval to develop a multi-user telecommunications facility on the Crystal River Ranch. The facility is intended to support five wireless users. To accomplish this, two 45' monopoles will be placed within a 5625 square foot lease parcel. The lease area has been chosen to accomplish good coverage for this section of the Highway 82 corridor and to reduce visibility (if any) from the adjacent properties. The slope away from the ridge, as well as, the trees in the area will screen the site from view. The site at Crystal River Ranch meets the desired technical and zoning criteria for covering the Highway 82 corridor. The Agricultural nature of the site is a desirable and better fit over residential uses, the elevation affords us the opportunity to place relatively short poles without sacrificing the coverage objectives and lastly, the owners have agreed to lease us space. With all of these considerations we hope that the Board of County Commissioners will recommend approval for this telecommunications site. 3 Ci) "t -0 0 co — co z D.- . O 0 O 7, • E CD — SID cn Qo c 0 0 • C/'1 CCPD • 0 CD C o -a 0 co v tZtt_ o' o' o ( ,• n.: 0 m v c • • C/1 CDD 410.0010 c co CD 0 0 CD co 0 � 0 O • �. � 0 0 G n �-- r CD n CD (D 0 i NOI1dIHOS3G 1031'02Id A2IVWWfS.03fO2Jd INVaL 1031'02Id :SIN3413a111038 dV3IONVH 490-90-1ZO-S6CZ waru1r 31aDtl m e e 0 w SHEET INDEX 9 0) 2 9 ° ( SURVEY DATA JSITE PLANS AND ELEVATIONS TITLE SHEET DESCRIPTION ISSUED FOR: FINAL NJ 7,1NJ N ■ 1 133HS 31111 OZO-008ZSS00 N33210 3111'd0 . ƒ } / ENLARGED SITE PLAN \ \ \ 0% \fill IOVERALL SITE PLAN w • /PF POWER LINE ,i. •/' EXISTING TRAIL ../ J cn z I w, o / 75'-0" LEASE AREA / I I -c-7,,, z n o r m A r- I / i /1 / 1 Z m 1 • // `,� I�I,AZIMU'fH 0' / s / (nN 0 - UIPMENT -11c PAD A = 1 I N KJ EQUIPM T PAD (0 I r C' �N' ID y\TSIIm m r oK O N EQUIP ISI Z z m I _ AZIM 0* I I • ti i �` D N C SECTOR II I nT-° rn m m mn c, I I I 0 0 O m m m / r r r N g g s m g. A / / m m < < cr. (3) rn 0o co co fn= / / / / / CO (0 V N ,, -"AV, Co ibir ' D ( ciN ,,,, • 111 (4.4 w /// ,. IVVIIlIfl CLCVRIIVIV r WEST ELEVATION ANTENNAS 3 FT. LIGHTNING 2OD -UTURE NTENNA 'UTURE NTENNA FUTURE ,NTENNA ROPOSED 45' ONOPOLE PROPOSED 6 FT. HIGH CEDAR FENCE N $ \\ V —i— __ _ 8 m o ^' T I O:U I ZC ZC co _ - z0 K-0 0 O� mC Z000 O A N zCZ0O Z x Zm r p ZO SA mC Om D mo OO Z Om zA m0 0O Zm Zm * N -I O m D m D y r a U! mD Z O x O o m0 m0 = N z z 0 N 1 2 m z C 0 D r) m0 r- 0 OZ 0> 00 Z a 0 0 N OZO-008ZSSO0 z 0 N33210 3111V0 L ( t n z co • 0 ry 0 cn DJ PROPERTY LEGAL DESCRIPTION 2 mNVDKymN0<0m AKmJoxm *G-...;0>N' 0,m,y0; Am A OmaOD= po._ Ou0OA '80_,4 5�_ [m p zO m ZN o, N7A oN o r Nyoma ,mJ0;AOo,AAA,A O mNfO-m1, on - Z~ OO 8 vNNrn Ox r\Faz a 9, x › \ m\ V 0 ANY\FN. m O Z \ NF Om_O Oo y Ommp0 .-OAAD1 mO =�OZ Nm~0C >Vco.H 0,,DON=Oc=mNy f m ?, Om0zmm?mmmpmNZA0mZO\ 02x,4O NNzN y O •x0 \NOFDFmc ZmANt,\m r AnN?ZmONDO OpZr, ym\+`OmZ D§ODz+\O\m zzzozom= 0- -...4-0 -3.0(2°.,,, \mSpN m NmOFZOm OOmr\.iNoyNAO(4 V C)...-mNmm m OZ g A mF fr ZF m u\ W OO mmNm Z£,D_yz mfxlA2 oz DmAN OONAU y ZA= m 5 SECTION 2 T. 7S, R. 89W u' • r4 e 115 • mn • • • \ a lt,kt �a \ DESCRIPTION OF EASEMENT(S) PRELIMINARY PROJECT AREA LEGAL DESCRIPTION NOTE: THE LOCATION OF EXISTING UTILITY FACILITIES HAS NOT BEEN RESEARCHED. THE CONTRACTOR SHALL CONTACT THE RESPECTIVE UTII COMPANIES TO OBTAIN INFORMATION REGARDING EXACT DEPTH OF BUR AND HORIZONTAL LOCATION OF UTILITY LINES PRIOR TO CONSTRUCTION THE SURVEYOR ASSUMES NO RESPONSIBILITY FOR THE DELINEATION OF SUCH UNDERGROUND UTILITIES, NOR FOR THE EXISTENCE OF BURIED OBJECTS WHICH ARE NOT SHOWN ON THIS PLAN. VICINITY MAP l y0�lJJ51 � `.� t f s`• 1 S7 DATE: JUNE 14, 2000 RE: CATTLE CREEK C0VS2800-020 GARFIELD COUNTY COLORADO I certify that the latitude of 3928'10.8' and the hngtude of 10717'51,5' are accurate to within ±50 feet horizontally; and the site elevation of 6830 feet MAR is occurate to rdhin ±20 het verticaly. With a planned structure height of 25 feel AO_ the overall height would be 6855 feel AYSL The horizontal datum (coordinates) are in tears of the North American Datum of 1983 00-83) and are expressed as degrees, minutes, and seconds (to the nearest tenth of a second). The vertical datum (heights) are in terms o1 the National Geodetic Verticol Datum of 1988 (NGVD 88) and one determined to the nearest loot. )Surveyor Seal( (Professional Surveyor Signature) LATITUDE & LONGITUDE ENLARGED SITE FLAN 00-.M .0 m2 A5om. D 060200 yZ mc' x„O�x m -z- '= rm ~ NI\ m II 110 0 ' X 00, is P M SITE DATA ! PN. Y $$jjQ p yx y �bj Orj�AM1E= qq L Lyy N 3 �3 E�3i ��i_SARR$,666 81 g9 ".. 4 !iI11bi 1"0 Bg VAz p OW NO O O m m A G 2 o N A COpO Z 0 D m NO D A 0 AO C C rr� D O z m U Z Z D 00 N_ N N m zz m m m m >mm D N A A O P o o N Af�f�� m z o Z ~ j C E i m D m A w vn w a�<n2 u D ( m O< J N0r• 0XO>C, lr;,,' o .0,, o CP A oo m: o o1111 73 V Xi p 9 g S S ,y 4 rr S f AM0 $8 4S LEGEND ' X UTILITY POLE CONIFEROUS TREE CONTOURS CENTROID DESCRIPTION U i! O 11 PROPOSED I WAC M J N 1 CA) m z c CO CO O Z7 MO r710 O O Z 0> D 00 GO Z azo—oo8zsso3 N33210 3111V 0 0 0 z 0 oo00 '10 Alnr 0 m 01 OW 80 N m DJ D reasonably acceptable to Lessee, from any holder of a mortgage, deed to secure debt, or deed of trust to which this Lease is, or will become, subordinate. (b) Lessee may from time to time grant to certain lenders selected by Lessee and its affiliates (the "Lenders") a lien on and security interest in all assets and personal property of Lessee located on the Leased Space, including, but not limited to, all accounts receivable, inventory, goods, machinery and equipment owned by Lessee (the "Personal Property") as collateral security for the repayment of any indebtedness to the Lenders. The Lenders may, in connection with any foreclosure or other similar action relating to the Personal Property, enter upon the Leased Space (or permit their representatives to do so on their behalf) in order to implement a foreclosure or other action without liability to Lessor provided, however, that (i) rent is paid to Lessor during occupancy by or on behalf of the Lenders for any purpose, (ii) the Lenders pay for any damages caused by the Lenders or their representatives in removing the Personal Property from the Leased Space, and (iii) the Lenders otherwise comply with the terms of this Agreement. Nothing contained herein shall be construed to grant a lien upon or security interest in any of Lessor's assets. To the extent required by the terms of this Agreement, Lessor agrees that it shall not unreasonably withhold consent to any grant by Lessee to any Lenders of a lien on Lessee's leasehold interest in this Agreement. In the event Lessor gives Lessee any notice of default or termination of this Agreement (or commences any legal process relating thereto), Lessor will endeavor to simultaneously give a duplicate copy thereof to the Lenders of whom it has been informed by Lessee, but shall incur no liability due to Lessor's failure to give such notice and the failure to give such notice shall not limit Lessor's ability to exercise any remedies available to Lessor under this Agreement. Lessor agrees to accept performance on the part of any of the Lenders or their agents or representatives as though performed by Lessee to cure any default or condition for termination. Lessor has been made aware that Lessee has entered into a certain Credit Agreement with Lehman Commercial Paper, Inc., as agent for a group of lenders, all of whom shall be considered Lenders for purposes of this paragraph and are, together with their successors and assigns, intended third party beneficiaries hereof and any notices to any Lenders required or desired to be given hereunder shall be directed to Lehman Commercial Paper, Inc., 3 World Financial Center, New York, NY 10285, Attention: Michael O'Brien or to such other Lender as Lehman Commercial Paper, Inc. or Lessee designate in writing or at such other address as such party shall specify. 8. Governmental Approvals and Compliance. During the Term and until all property is removed from the Leased Space, Lessee will comply with all applicable laws affecting Lessee's use or occupancy of the Leased Space, the breach of which might result in any penalty on Lessor or forfeiture of Lessor's title to the Leased Space. Lessee will not commit, or suffer to be committed, any waste on the Leased Space, or any nuisance. Lessee will obtain any necessary governmental licenses or authorizations required for the construction, use, and removal of Lessee's intended communications tower (the "Tower") and other Structures on the Leased Space and will furnish copies of same to Lessor as same are issued. 9. Assignment and Subleasing. Lessee may not assign this Lease without the prior written consent of Lessor which will not be unreasonably withheld, delayed or conditioned, provided that Lessee shall have the right to freely sublet or transfer space to third parties on the leased space as part of Lessee's normal business without obtaining the prior written consent of Lessor . 10. Notices. All notices, demands, requests, consents, approvals and other instruments required or permitted to be given pursuant to this Agreement will be in writing, signed by the notifying party, or officer, agent or attorney of the notifying party, and will be deemed to have been effective upon delivery if served personally, including but not limited to delivery by messenger, facsimile, overnight courier service or by ovemight express mail, or upon posting if sent by registered or certified mail, postage prepaid, retum receipt requested, and addressed as follows: To Lessor: (Operation Issues) Crystal River Ranch Company, L.L.P. 1508 County Road #108, P.O. Box 68 Carbondale, CO 81623 Phone #: (970) 963-2243 Fax (970) 963-9595 (with a copy to) Crystal River Ranch Company, L.L.P. 2 Site Name: Cattle Creek Site Number. C01629 -S/2800.020 Attn: Sue Anschutz -Rodgers 555 17'" Street, Ste. 2400 Denver, CO 80202 Phone #: (303) 299-1361 Fax (303) 299-1235 To Lessee: SBA Towers, Inc. One Town Center Road Third Floor Boca Raton, Florida 33486 Attn: Site Administration Phone: (561) 995-7670 Fax (561) 226-3577 The address to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by the party as above provided. 11. Lessee Improvements. Lessee has the right, at its sole expense, to make the improvements on the Leased Space as it may deem necessary, including any improvements necessary for the construction and operation of the Tower and the other Structures. Lessee will be responsible for the cost of any site preparation work necessary to prepare the Leased Space to support the Structures. All Lessee's improvements, including but not limited to the Tower, prefabricated buildings, generators, fencing, and any other Structures will remain the property of Lessee. The Tower and Structures may be used for the transmission, reception and relay of communication signals, including, without limitation, radio frequency signals. Upon termination of this Lease and within nine (9) months thereof, Lessee will, to the extent reasonable, restore the Leased Space to its original condition at the commencement of this Lease, except for ordinary wear and tear and damages by the elements or damages over which Lessee had no control. Lessee and Lessor agree that it will not be reasonable to require Lessee to remove any improvements contemplated hereunder which are permanent in nature, including but not limited to, foundations, footings, concrete, paving, gravel, vegetation and utilities, although all such improvements shall be removed to grade level. 12. Jnsurance, Lessee, at all times during the term(s) of this Lease, will maintain in full force and effect a comprehensive public liability insurance policy covering all of its operations, activities, liabilities and obligations on the Leased Space, having limits not less than One Million Dollars ($1,000,000) and which will name Lessor as an additional insured party. On or before the Commencement Date, Lessee will give Lessor a certificate of insurance evidencing that such insurance is in effect. Lessee shall deliver to Lessor a renewal certificate evidencing that such insurance is in effect within ten business days of Lessor's request for such certificate. The insurance policy shall be issued by an insurance company authorized to do business in the state in which the Leased Space is located and shall provide thirty days prior written notice to the Lessee of any cancellation of such policy. Any insurance required to be provided by Lessee may be provided by a blanket insurance policy covering the leased space and other properties of Lessee provided that such blanket insurance policy complies with all of the other requirements with respect to the type and amount of insurance. 13. Operating Expense. Lessee will pay for all water, gas, heat, light, power, telephone service, and other public utilities furnished to the • Leased Space and used by Lessee throughout the term hereof, and all other costs and expenses of every kind whatsoever in connection with the use, operation, maintenance, and dismantling of the Leased Space and all activities. conducted thereon. 14. Taxes. Lessee will pay when due any personal property taxes assessed on, or any portion of the taxes attributable to the Structures. Lessor will pay when due all real property taxes and all other fees and assessments attributable to the Leased Space unless attributable to the structures. However, Lessee will pay, as additional Rent, any increase in real property taxes levied against the Leased Space which is directly attributable to Lessee's occupancy or use of the Leased Space, and Lessor agrees to famish proof of the increase to Lessee. 15. Maintenance. Lessee will tp maintain the Leased Space in good condition and state of repair, and Lessor shall have no obligation or liability to maintain the premises surrounding the Leased Space. 16. Hold Harmless, Lessor will be indemnified and held harmless by Lessee from any liability (including reimbursement of reasonable legal fees and all costs) for damages to any person or any property in or upon 44. 11( RETURN TO : MELODY EGGE, HOLLAND. & HART 8350 EAST CRESCENT PARKWAY SUITE 200 ENGLEWOOD , CO 80111 IIIII nm olio ion a iiimii imi iii 111 ilii mi 522204 03/23/1998 02 15P 81058 P786 M ALSDORF 1 of 9 R 46.00 D 769 37 GARFIELD COUNTY CO GENERAL WARRANTY DEED THIS DEED, executed as of this March ' 1998. by DEER PARK PROPERTIES, a Colorado general partnership, whose address is c/o Gerald D. Hartert, 210 "Tenth Street. Glenwood Springs, ('0 81601 ("Grantor"), to CRYSTAL RIVER RANCH CO. LEP, a Colorado limited liability partnership, whose address is 555 17th Street, Suite 2400, Denver, CO 80202 ("Grantee"). Grantor, for and in consideration of the sten of $100.00 and other good and valuable consideration. to Grantor paid by Grantee, the receipt and sufficiency of which is hereby acknowledged. has granted, bargained, sold, and conveyed and by these presents does grant, bargain, sell, convey and confirm unto Grantee. its successors and assigns forever. the real property located in Garfield County. Colorado, as more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"). Provided. however, that if the presumed courses describing the southerly right-of-way of County Road No. 108 as set forth in the description of Parcel B on said Exhibit A. are incorrect or inaccurate in any respect, the actual location or such southerly right-of-way of County Road No. 108 shall control, it being the intent of the Grantor and the Grantee that the Parcel C described on the survey plat hereafter referred to shall at all points on its northerly boundary be contiguous to the southerly right-of-way of said County Road No. 108 to provide access from said Parcel C thereto. TOGETHER, with all and singular the hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents. issues and profits, thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or in equity, of in and to the Property, (collectively referred to as the "Appurtenances"). TO HAVE AND TO HOLT) the Property. with the Appurtenances. unto Grantee, its successors and assigns brevet.. And Grantor, for itself and its successors and assigns, does hereby covenant, grant, bargain and agree to and with Grantee, its successors and assigns, that at the time of the ensealing <and delivery of these presents Grantee is well seized of the Property and Appurtenances. as of good. sure, perfect. absolute and indefeasible estate of inheritance, in law, in fee simple. and has good right, full power and lawful authority to grant, bargain, sell and convey the same in the manner and form aforesaid, and that the same are tree and clear from all former and other grants, bargains..sales, liens,. taxes. assessments and encumbrances of whatever kind or nature whatsoever. except general taxes and assessments for the current year and all subsequent years; except for those matters shown on Exhibit 13 attached hereto and incorporated herein; except all easements and rights-of-way for roads, ifany, established or claimed to have been established by or through prescriptive use and physical evidence of which is depicted on the survey plat prepared by High Country Engineering, Inc. dated March 16, 1998, as Job No. 97675.01 (the "Plat"); except any unrecorded easements for electric powerlines as depicted on the Plat, and except any part of the Property which lies outside 1'encelines intended to establish perimeter boundaries of the Property as the same are depicted on the Plat. AND, the above bargained premises and the tille to 11 in the quire and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfu11y claiming or to claim the whole or any part thereof, Grantor shall warrant and forever defend. DEER PARK PROPERTIES, a Colorado general partnership 13y: , c\I-Z_LN Gap )rat Parti e r '� i �a�Uc oral '. t cr STA'T'E OF COLORADO ) ) ss. COUNTY OFGARFIELD ) /1 The foregoing ins rument was ackn9. ledged before, me Ihis t f day of )/ 1998 by II • .�,o'L C. J fl - l C and ra,�' i/zt•q.LK:-C ;1... / - ..._, as general partners of D,R PARK PR P TiES, a Colorado gene partnership. Witseistzj'; .1iand,ahtlpdt]:icial seal: �-. '' \_C.,:,--•"•:. Igt pmN l50 tWTre�7 -" / d 99 ! � _ � 4,4,......, ._...../:::75.,_„...,...,.,.. :_.: 7....0% PUBLIC ?tDif Notary Public 'Return to: %'� Q4� lllir. 0 F C 0 `U.r.", <<.rnnt.a • • • i • 1111111111111111111111 111111111111111111111111111111 522204 03/23/1998 02:15P 81058 P787 M F 2 of 9 R 46.00 D 769.37 GARFIELD COUNTY CO EXHIBIT A PROPERTY DESCRIPTION - PARCEL A DEER PARK RANCH A PARCEL OF LAND SITUATED IN LOTS 7 AND 17, THE W 1 /2S W 1 /4 AND THE SE1/4SWI/4 OF SECTION 2, THE E1/2SE1/4, THE NWI/4SWI/4, THE E1/2NW1/4, THE E1/2 AND THE E1/2NW1/4NWI/4 OF SECTION 11, THE SW1/4 OF SECTION 1THE SW1/4 AND THE E1/2 OF SECTION 14, LOTS 1, 4, 5 AND 10. THE SE1/4NW1/4, THE N 1/2NW 1 /4 AND THE E 1/2 OF SECTION 23. THE S I /2SW 1 /4, THE NW 114SW 1 /4, THE NW1/4NE1/4, THE NE1/4NWI/4 AND A PORTION OF LOT 2 OF SECTION 24, THE W1/2W1/2 AND THE NE1/4NW1/4 OF SECTION 25, LOTS 5, 9, 11, 14, 15, 16, 17, AND 18, THE NE1/4 AND THE N1/2SE1/4 OF SECTION 26, LOTS 1, 2, 3 AND 4 OF SECTION 35 AND THE NW1/4NW1/4 OF SECTION 36, TOWNSHIP 7 SOUTH, RANGE 89 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNEROF SECTION•2; A 3.1/4" ALUMINUM- CAP, LUMINUMCAP, L.S. NO. 15710, FOUND IN PLACE, THENCE S 00°58'7" W ALONG THE WESTERLY LINE OF SAID SECTION 2 370.38 FEET TO THE NORTHWEST, CORNER OF LOT 7 OF SAID SECTION 2, A 3 1/4" ALUMINUM CAP, L.S. NO 19598, SET IN PLACE, THE TRUE POINT OF B.EGINNING; THENCE N 89°52'55' E ALONG SAID NORTHERLY LINE 604.19 FEET TO THE NORTHEAST CORNER OF SAID LOT 7, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 00°45'26" W ALONG THE EASTERLY LINE OF SAID LOT 7 430.33 FEET, TO A REBAR AND CAP. L.S. NO. 3317 IN PLACE; THENCE CONTINUING ALONG THE EASTERLY LINE OF LOT 7 N 89°48'58" E 722.54 FEET TO REBAR AND CAP, L.S. NO. 3317 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 00°01'02" E 858.00 FEET TO A REBAR AND CAP, L.S. NO. 3317 IN PLACE; THENCE S 89°43'31" E ALONG THE NORTHERLY LINE OF LOT 17 OF SAID SECTION 2 606.04 FEET TO A REBAR AND CAP, L.S. NO. 3317 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY LINE S 00°05'01" W 468.68 FEET TO A REBAR AND CAP, L.S. NO. 3317 IN PLACE; THENCE N 89°59'01" E ALONG THE TTGRTHFRI Y LINE_ OE SAID LSAT_ 1.7.7.45.65 EFFTTQ THENCIIIIHEASI CORNER OF SAID LOT 17, A REBAR AND CAP, L.S. NO. 5933 IN PLACE; THENCE S 01°02'49" E ALONG THE EASTERLY LINE OF SAID LOT 17 AND THE EASTERLY LINE OF SEI/4SWI/4 OF SAID SECTION 2 2139.78 FEET TO SOUTH QUARTER CORNER OF SAID SECTION 2, A GARFIELD COUNTY SURVEYOR BRASS CAP, IN PLACE; THENCE S 89°20'14' E ALONG THE NORTHERLY LINE OF SECTION 11 2606.29 FEET TO THE NORTHEAST CORNER OF SAID SECTION 11, A BLM BRASS CAP IN PLACE; THENCE S 00°32'26" E ALONG THE EASTERLY LINE OF SAID SECTION I 1 2727.73 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 11, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 00°55'14" W 2845.15 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 11, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE S 01°18'09' E ALONG THE EASTERLY LINE OF SECTION 14 2624.50 FEET TO THE EAST QUARTER 1111111 11111111111 1IJ 11111 11111111 522204 03/23/1998 02:15P 81058 P788 M ALSDORF 3 of 9 R 46.00 D 769.37 GARFIELD COUNTY CO CORNER OF SAID SECTION 14, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 88°49'37" E ALONG THE NORTHERLY LINE OF THE SW1/4 OF SECTION 13 2684.50 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 13, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 00°09'55" W ALONG THE EASTERLY LINE OF SAID SWI/4 2627.54 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 13 (WHENCE A GARFIELD COUNTY SURVEYOR BRASS CAP WITNESS CORNER FOR SAID CORNER BEARS S 89°15'43" W 66.00 FEET); THENCE N 89°05'31" E ALONG THE NORTHERLY LINE OF THE NW1/4NE1/4 OF SECTION 24 1302.82 FEET TO THE EAST SIXTEENTH CORNER OF SECTION 13 AND 24, A 3 1/4" ALUMINUM CAP. L.S. NO. 19598. SET; THENCE S 00°40'41" W ALONG THE EASTERLY LINE OF SAID NW1!4NE1i4 818.59 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 437207 IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, A REBAR AND CAP, L.S. NO. 19598, SET IN PLACE; THENCE LEAVING SAID EASTERLY LINE S-78°07'44" E ALONG. THE NORTHERLY- LINE OF THAT PROPERTY DESCRIBED -IN SAID RECEPTION NO. 4372071324.40 FEET TO A POINT ON THE EASTERLY LINE OF LOT 2 OF SECTION 24, A REBAR AND CAP, L.S. NO. 19598, FOUND IN PLACE; THENCE S 00°50'20" W ALONG THE EASTERLY LINE OF SAID LOT 2 209.02 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 88°52'34" W ALONG THE SOUTHERLY LINE OF SAID LOT 2 1299.26 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SECTION 24, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 88°52'34" W ALONG THE SOUTHERLY LINE OF SAID NWI/4NE1/4 1299.26 FEET TO THE NORTH -CENTER SIXTEENTH CORNER OF SAID SECTION 24, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 88°34'41" W ALONG THE SOUTHERLY LINE. OF THE NE1/4NW1/4 OF SECTION 24 1313.60 FEET TO THE NORTHWEST SIXTEENTH CORNER OF SAID SECTION 24, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE N 00°46'00" E ALONG THE WESTERLY LINE OF SAID NE1/4NW1/4 1328.70 FEET TO THE WEST SIXTEENTH CORNER OF SECTIONS 13 AND 24, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 88°29'47" W ALONG THE NORTHERLY LINE OF SAID SECTION 24 1307.90 FEET TO THE NORTHWEST CORNER OF SAID SECTION 24, A 1975 GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE ALONG THE WESTERLY LINE OF SAID SECTION 24 S 01°00'56" W 2654.14 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 24, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 88°39'32" E ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 24 1319.31 FEET TO THE WEST -CENTER SIXTEENTH CORNER OF SAID SECTION 24, A 3 1/4" ALUMINUM CAP, L.S-NO, 19598; SET IN-PLACE (WHENCE A REBAR AND CAP, L.S_ NO: 3317 BEARS S 04°58'47" E 1.48 FEET); THENCE S 00°24'21" W ALONG THE EASTERLY LINE OF THE NW 1/4SW1/4 OF SAID SECTION 24 1339.44 FEET TO THE SOUTHWEST SIXTEENTH CORNER OF SAID SECTION 24, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3317 BEARS S 12°55'43" E 0.67 FEET); THENCE N 89°04'41" E ALONG THE NORTHERLY LINE OF THE SE1/4SW1/4 OF SAID SECTION 24 1316.40 FEET TO THE SOUTH -CENTER SIXTEENTH CORNER OF SAID SECTION 24, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; SET IN PLACE (WHENCE • riiiti iiiir iiiti!O 11 JlI1I!I 11111 111 11111 itii 111 522204 03/23/1998 02:15P B1058 P789 M ALSDORF 4 of 9 R 46.00 D 769.37 GARFIELD COUNTY CO A REBAR AND CAP, L.S. NO. 3317 BEARS S 38°59'02" W 1.54 FEET): THENCE S 00°31'05' W ALONG THE EASTERLY LINE OF SAID SE I /4S W 1 /4 1349.16 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 24, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE S 01°03'12' W ALONG THE EASTERLY LINE OF THE NE1/4NW1/4 OF SECTION 25 1327.55 FEET TO THE NORTH -CENTER SIXTEENTH CORNER OF SAID SECTION 25 A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3317 BEARS N 04°23'09" E 17.83 FEET); THENCE S 89°14'59' W ALONG THE SOUTHERLY LINE OF SAID NE1/4NW1/4 1303.75 FEET TO THE NORTHWEST SIXTEENTH CORNER OF SAID SECTION 25, A 3 1/4" ALUMINUM CAP. L.S. NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3317 BEARS N 04°49'23" E 8.74 FEET): THENCE S 00°37'26" W ALONG THE EASTERLY LINE OF THE SW1/4NW1/4 OF SAID SECTION 25 1332.99 FEET TO THE WEST -CENTER SIXTEENTH CORNER OF SAID SECTION 25 , A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3317 BEARS N 00°38'08" E 17.21 FEET); THENCE S 01°24'26" W ALONG THE EASTERLY LINE OF THE W1/2SW1/4 OF SAID SECTION 25 2681.89 FEET TO WEST SIXTEENTH CORNER OF SAID SECTION 25 AND SECTION 36, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3317 BEARS S 64°22'48" E 0.94 FEET); THENCE S 00°38'06" E ALONG THE EASTERLY LINE OF THE NW1/4NW1/4 OF SECTION 36 1287.31 FEET TO THE NORTHWEST SIXTEENTH CORNER, A REBAR AND CAP, L.S. NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE N 88°54'22" W ALONG THE SOUTHERLY LINE OF NWI/4NW1/4 OF SAID SECTION 36 1287.76 FEET TO THE NORTH SIXTEENTH CORNER OF SECTION 35 AND SECTION 36, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 89°41'40" W ALONG THE SOUTHERLY LINE OF LOT 1 AND LOT 2 OF SAID SECTION 35 2323.28 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 00°02'48" E ALONG THE EASTERLY LINE OF LOT 3 1099.94 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3. A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 89°57'12' W ALONG THE SOUTHERLY LINE OF LOT 3 AND LOT 4 1298.24 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE ; THENCE N 00°02'48" W ALONG THE WESTERLY LINE OF SAID LOT 4 2424.23 FEET TO THE NORTHWEST CORNER OF SAID LOT 4, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3117 BEARS S 89°06'49" W 18.29 FEET); THENCE N 89°21'26" W ALONG THE SOUTHERLY LINE OF SECTION 26 287.17 FEET TO THE SOUTHWEST CORNER OF LOT 18 OF SAID SECTION 26, A REBAR AND CAP, L.S NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE N 00°17'46' E ALONG THE WESTERLY OF LOT 18 AND LOT 9 1827.73 FEET TO THE SOUTHWEST CORNER OF LOT 13, A REBAR AND CAP, L.S. NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE N 89°57'12" E ALONG THE SOUTHERLY LINE OF SAID LOT 13 192.69 FEET TO THE SOUTHEAST CORNER OF SAID LOT 13, A 3 1/4" ALUMINUM CAI', L.S. NO. 19598. SET IN PLACE; THENCE N 01°04'07" E ALONG THE EASTERLY LINE OF SAID LOT 13 801.19 FEET TO THE • 1111111 III 11111111 111111111111111111111111111 III 522204 03/23/1998 02 15P B1058 P790 M ALSDORF 5 of 9 R 46.00 D 769 37 GARFIELD COUNTY CO NORTHEAST CORNER OF SAID LOT 13, A REBAR AND CAP. L.S NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP. L.S. NO. 19598; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 13 N 89°39'52' W 203.52 FEET TO rrIE NORTHWEST CORNER OF SAID LOT 13, A REBAR AND CAP, L.S. NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE N 00°17'45" E ALONG THE WESTERLY LINE OF LOT 11 OF SAID SECTION 26 1318.30 FEET TO THE NORTHWEST CORNER OF SAID LOT 11, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 89°56'43" E ALONG THE NORTHERLY LINE OF LOT 11 AND LOT 5 OF SAID SECTION 26 1304.97 FEET TC) THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 26, A REBAR AND CAP, L.S. NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE N 00°30'14' E ALONG THE EASTERLY LINE OF SAID LOT 1 1324.70 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 26, A 1975 GARFIELD COUNTY SURVEYOR BRASS.CAP 1N.PLACE;.THENCF_S_ 8.9°46'34" W ALONG THE NORTHERLY LINE OF SAID SECTION 26 1070.71 FEET TO THE SOUTHWEST CORNER OF LOT 10 OF SECTION 23, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE N 00°00'39" W ALONG THE WESTERLY LINE OF LOT 10 AND LOT 5 OF SAID SECTION 23 2058.47 FEET TO THE NORTHEAST CORNER OF LOT 11 OF SAID SECTION 23, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET rN PLACE; THENCE S 89°59'21" W ALONG THE NORTHERLY LINE OF LOT 11 AND LOT 6 OF SAID SECTION 23 1319.37 FEET TO THE SOUTHWEST CORNER OF LOT 4, A REBAR AND CAP, L.S. NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE N 00°20'21" E ALONG THE WESTERLY LINE OF LOT 4 AND LOT 1 OF SAID SECTION 23 1334.24 FEET TO THE NOR.THEA.ST CORNER OF LOT 2 OF SAID SECTION 23, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 89°591 " W-ALONETHE NOR ► HERLY LINE OF SAID- LOT 2.244:55 -FEET TO THE NORTHWEST CORNER OF SAID LOT 2, A 3 1/4" ALUMINUM C:AP, L.S. NO. 19598, SET IN PLACE; THENCE N 00°03'05" E ALONG THE WESTERLY LINE OF SECTION 23 1921.51 FEET TO THE NORTHWEST CORNER OF SAID SECTION 23, A STONE FOUND IN PLACE; THENCE N 00°45'38" W ALONG THE WESTERLY LINE OF SECTION 14 2714.70 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 14, A STONE FOUND IN PLACE; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID SECTION 14 N 00°24'34" W 2707.42 FEET TO THE NORTHWEST CORNER OF SAID SECTION 14, A STONE FOUND IN PLACE; THENCE N 89°05'11" E ALONG THE NORTHERLY LINE OF SAID SECTION 14 1323.14 FEET TO THE WEST SIXTEENTH CORNER OF SECTIONS 14 AND 11, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE N 00°01'38" W ALONG THE WESTERLY LINE OF THE SE1/4SW1/4 OF SECTION 11 1331.22 FEET TO THE SOUTHWEST SIXTEENTH CORNER OF SAID SECTION 11, A 3-1/4" ALUMINUM CAP L.S. #19598 SET IN PLACE; THENCE S 89°42'45" W ALONG THE NORTHERLY LINE OF THE SW1 /4SW1/4 OF SAID SECTION 11 1327.31 FEET TO THE SOUTH SIXTEENTH CORNER OF SECTION 10 AND SECTION 11, A 3-1/4" ALUMINUM CAP, L.S. #19598, SET IN PLACE; THENCE N 00°12'40" W ALONG THE WESTERLY LINE OF SAID SECTION 11 1345.67 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 11. A GARFIELD COUNTY SURVEYOR BRASS CAP -IN-PLACE; THENCE N 89°52`12" E ALONG THENORTHE-RLY LINE OF THE • 1111111 1111111m Oh 11 1111111111111111 1111 1111 1111 522204 03/23/1998 02 16P 81058 P791 71 ALSDORF 6 of 9 R 46.00 D 769.37 GARFIELD COUNTY CO NW1/4SW1/4 OF SECTION 11 1331.61 FEET TO THE WEST -CENTER SIXTEENTH CORNER OF SAID SECTION 11, A 3 1/4" ALUMINUM CAP, L.S. NC). 19598. SET IN PLACE; THENCE N 00°01'50' W ALONG THE EASTERLY LINE THE SWI/4NW1/4 OF SECTION 11 1363.77 FEET TO THE NORTHWEST SIXTEENTFI CORNER OF SAID SECTION 11, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 89°05'20' W ALONG THE NORTHERLY LINE OF SAID SW]!4NW 1/4 668.15 FEET TO THE W -C -NW SIXTY-FOURTH (1/64) CORNER OF SAID SECTION 11, A 2" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE N 00°07'35' W ALONG THE EASTERLY LINE OF THE W1/2NW1/4NW1/4 OF SAID SECTION 1 1 1354.66 FEET TO THE WEST - WEST SIXTY-FOURTH (1/64) CORNER OF SAID SECTION 11 AND SECTION 2, A 2" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 88°18'48' W ALONG THE NORTHERLY LINE OF SECTION 11 670.63 FEET TO THE NORTHWEST CORNER OF SAID SECTION 11, A 1975 GARFIELD COUNTY SURVEYOR. BRASS CAP IN PLACE; THENCE N 01°05'15' W ALONG THE WESTERLY LINE OF SECTION 2 2696.06 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 2, A 1975 GARFIELD COUNTY SURVEYOR BRASS CAP FOUND IN PLACE; THENCE CONTINUING ALONG SAID WESTERLY LINE N 00°58'17" E 1279.13 FEET TO THE TRUE ?OTNT OFE. C, NNfNG; AND PARCEL B DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE E1/2 OF SECTION 36, TOWNSHIP 7 SOUTH, RANGE 89 WEST AND LOT 2 OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 36, A 1985 BLM ALUMINUM CAP IN PLACE; THENCE S 89°54'23" W ALONG THE SOUTHERLY LINE OF SAID SECTION 36 2023.47 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY OF COUNTY ROAD NO. 108, THE TRUE POINT OF BEQINNING; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID SECTION 36 S 89°54'23" W 652.61 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 36, A NO. 6 REBAR WITH METAL TAG, L.S. NO. 10097 FOUND ANI) UPGRADED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, ON THE NO. 6 REBAR; THENCE N 00°20'26" E ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 36 2678.88 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 36, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE CONTINUING ALONG SAID NORTH -SOUTH CENTERLINE N 00°20'26" E 2574A1 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 36, A STONE FOUND IN PLACE; THENCE S 89°55'23" E ALONG THE NORTHERLY LINE OF SAID SECTION 36 1332.21 FEET TO THE EAST SIXTEENTH CORNER OF SECTION 25 AND SECTION 36, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3317 BEARS N 60°07'51" W 0.77 FEET); THENCE S 00°11'59" W ALONG THE EASTERLY LINE OF THE NW1/4NE1/4 i 1 111111 11111 11llhII 11 11111111 11111 1111111111111111 522204 03/23/1998 02 15P B1058 P792 M ALSDORF 7 of 9 R 46.00 D 769 37 GARFIELD COUNTY CO OF SAID SECTION 36 1299.27 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 36, A REBAR AND CAP. L.S. NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO, 19598; THENCE S 89°24'18" E ALONG THE NORTHERLY LINE OF THE SEI/4NE1/4 OF SAID SECTION 36 1335.40 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTION 36, A REBAR AND CAP, L.S. NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE S 00°03'12" W ALONG THE EASTERLY LINE OF SAID SECTION 36 110.01 FEET TO THE WEST QUARTER CORNER OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 89 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, A 1975 GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE LEAVING SAID EASTERLY LINE N 89°43'22" E ALONG THE EAST -WEST CENTERLINE QF SAID SECTION 31 686.80 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 31. A 1986 BLM ALUMINUM CAP IN PLACE; THENCE S 00°52'41' W ALONG THE NORTH - SOUTH CENTERLINE OF SAID SECTION 31 2527.68 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 108; THENCE LEAVING SAID NORTH -SOUTH CENTERLINE THE FOLLOWING SEVEN (7) COURSES ALONG SAID SOUTHERLY RIGHT-OF-WAY: 1. N 36°40'28" W 170.38 FEET 2. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 429.97 FEET AND A CENTRAL ANGLE OF 70°23'23, A DISTANCE OF 528.23 FEET (CHORD BEARS N 71°52'10" W 495.63 FEET) 3. S 72°56'08" W 123.88 FEET 4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1417.62 FEET AND A CENTRAL ANGLE OF 10°02'53", A DISTANCE OF 248.61 FEET (CHORD BEARS S 67°54'42" W 248.29 FEET) 5. S 62°53'15" W 1020.73 FEET 6. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 930.36 FEET AND A CENTRAL ANGLE OF 26°23'46", A DISTANCE OF 428.62 FEET (CHORD BEARS S 49°41'23" W 424.84 FEET) 7. S 36°29'30" W 900.92 FEET TO THE TRUE POINT OF_BEGINNING; • 1 l!IiI 11!1I Ifl m nisi 1111 ini 522205 03/23/1998 02:23P 81058 P795 M ALSDORF 1 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED This SPECIAL WARRANTY DEED ("Deed") evidences a conveyance by DEER PARK PROPERTIES, a Colorado general partnership, whose address is c/o Gerald D. Hastert, 210 10th Street, Glenwood Springs, CO 81601 ("Grantor"), to CRYSTAL RIVER RANCH CO., LLP, a Colorado limited liability partnership ("Grantee"), whose address is 555 l7th Street, Suite 2400, Denver, CO 80202. Grantor, for and in consideration of the sum of $100.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its successors and assigns forever, all of Grantor's right, title and interest in and to (a) all water and water rights, both tributary and nontributary, whether adjudicated or unadjudicated, and all ditches and ditch rights, water wells and well rights, State Engineer filings, well registration statements and well permits, water taps, reservoirs and reservoir rights, including without limitation-the-waterrights -described-in-Exhibit-A to this.Deed; which -are; have -been; or may be used on or in connection with, or are appurtenant to, or located on or underlying or in any way associated with the land located in Garfield County, Colorado which is described on Exhibit B attached to this Deed (the "Land"), (b) all oil, gas and other minerals and mineral rights owned by or hereafter acquired by Grantor in, under or in connection with the Land, including without limitation (to the extent applicable to the Land) those acquired under the deed. from Harriet J. O'Brien Irrevocable Trust (the "Trust") to Grantor, dated July 21, 1997 and recorded in the real property records of Garfield County, Colorado under Reception No. 511258 (the "O'Brien Minerals"), and Grantors rights, claims and remedies against the Trust under its warranty in that deed, to the extent it pertains to the Land, and (c) all of Grantor's rights and interest to all utilities, utility lines, utility connections, utility commitments, utility capacity and other rights and any fees paid by Grantor (including tap fees), development rights, permits, entitlements and approvals pertaining to or available to the Land (all the foregoing being collectively referred to as the "Property"), together with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or in equity, of, in and to the Property, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances, unto Grantee, its successors and assigns forever. And Grantor, for itself, its successors and assigns, does covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof by, through, or under Grantor, except for the lien of general taxes and assessments for the current year and all subsequent years. RETURN TO: MELODY EGGE HOLLAND & HART 8350 EAST CRESCENT PARKWAY SUITE 200 ENGLEWOOD, CO 80111 4� • uniiJr' niimiuAhuiinminiill niiiniiiim Dated: /c'1998. STATE OF COLORADO ) ss. COUNTY OF GARFIELD 522205 03/23/1998 02:23P 81058 P796 M ALSDORF 2 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO DEER PARK PROPERTIES By: Its General P"itner Its General Partner ITlje forgoing instrument was ackn wledged before me this by A h n 6, Po w Pers and J h (� /� ti Park Properties, a Colorado general partnership. Witness my hand and official seal. My commission expires: HH:0819034.07 /9 VtiX& 0 day of wry, 1998 o n / r 12 , as general partners of Deer 2 s 1111111 I 1111111 11111111 11111 11111111 522205 03/23/1998 02:23P 01058 P797 M ALSDORF 3 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A to Special Warranty Deed 1. McKown Ditch, Structure or Ditch No. 123A, the source of which is Four Mile Creek. a. Original Decree, Priority No. 181A 1.5 cfs Adjudication date 4/18/1890 Appropriation date 7/23/1887 b. First Enlargement, Priority No. 223 6.5 cfs Adjudication date 6/15/1908 Appropriation date 5/26/1905 c. Second Enlargement, Priority No. 406A 4.5 cfs Adjudication date 6/15/1908 Appropriation date 5/15/1919 CA 3082 d. Third Enlargement 8.0 cfs Adjudication date 2/21/1990 Appropriation date 5/10/1978 Case No. 89 CW 190 2. Deer Park Wells a. Deer Park Well No. 2. Permit No. 91017, issued June 14, 1977. Watering of livestock pursuant to CRS 37-92-602. 15 gallons per minute. b. Deer Park Well No. 4. Case No. 91 CW 279. Permit MH -16917. 100 gallons per minute, conditional, for domestic, irrigation, livestock, fishery, and fire protection, and for approval of plan for augmentation. 3. Freeman Spring No. 1. SE1/4NW'/4 Sec. 35, T 7 S, R 89 W. Domestic, livestock, lawn and garden. 15 gallons per minute. Appropriation date 12/31/1894, Adjudication date 1973, Case No. W1907. 4. Freeman Creek Well No. 1. Sec. 35, T 7 S, R 89 W. Domestic, livestock. Permit No. 78639. 15 gallons per minute. 5. Waddell Ditch, Ditch No. 96A, 1.99 cfs total A-1 HH:0819034.07 i` • 1 111111 11111 111111 A IIIIIIII 1111111I 11111 1111 1111 522205 03/23/1998 02:23P 81058 P798 M ALSDORF 4 of 10 R 51.00 D 0.00 CARFIELD COUNTY CO a. Original Decree, Priority No. 133A. SESI?,NW Sec. 35, T 7 S, R 89 W. Irrigation. 0.6 cfs, adjudication date 4/18/1890, appropriation date 9/15/1885, Case No. 306. b. First Enlargement, Priority No. 366. NWSWNE Sec. 35, T 7 S, R 89 W. Irrigation. 1.39 cfs, adjudication date 8/25/1936, appropriation date 10/10/1905. 6. Cox Well No. 1. SEVI Sec. 11, T 7 S, R 89 W. Domestic, livestock, other beneficial uses. Permit 41658. .0132 cfs (approx. 5.9 gallons per minute). 7. Easement from Louis A. Moda and Mary A. Moda to Grantor, dated September 3, 1982, recorded in the real property records of Garfield County, Colorado under Reception No. 333685. 8. All of Grantor's rights, if any, arising out of a contract between Grantor and Sunlight Water Company (William B. Mahan), dated June 23, 1993 for excess water delivered into Four Mile Creek via the Flannery Ditch, Four Mile Creek Extension, and Flannery Reservoir, and /or under a final decree obtained by Sunlight Water Company in Case No. 96 CW 045, which contract has not been renewed and has expired. 9. Grantor's rights and remedies as an objector in the following water rights cases involving Four Mile Creek: a. Applicants: Oak Meadows Service Company and Oak Meadows Water Association Name of Structure: Four Mile Creek Well No. 1 Date of Application: December 1992 Case No. 92 CW 350 Status: Grantor entered into a Stipulation allowing entry of decree using Martin Reservoirs (near old sawmill above Ski Sunlight) as sole source of augmentation water supply). Ruling of Referee entered April 4, 1997. Awaiting signature by Water Judge. b. Applicant: Sunlight Inn & Realty LLC Name of Structure: Plan for Augmentation for Main and Ranch Well Date of Application: December 1996 Case No. 96 CW 385 Status: Negotiations pending A-2 [111:08 19034.07 1E11111 nm 11 11111111 11111 111 11111 1111 1111 522205 03/23/1998 02 23P B1058 P799 M ALSDORF 5 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO EXHIBIT B TO SPECIAL WARRANTY DEED PROPERTY DESCRIPTION - PARCEL A DEER PARK RANCH A PARCEL OF LAND SITUATED IN LOTS 7 AND 17, THE W1/2SW1/4 AND THE SEI/4SW1/4 OF SECTION 2, THE E1/2SE1/4, THE NW1/4SW1/4, THE E1/2NW1/4, THE E1/2 AND THE E1/2NW1/4NW1/4 OF SECTION 11, THE SW 1/4 OF SECTION 13, THE SWI/4 AND THE E1/2 OF SECTION 14, LOTS 1. 4, 5 AND 10. THE SE1/4NWI/4, THE N1/2NW1/4 AND THE E1/2 OF SECTION 23. THE S1/2SW1/4, THE NW1/4SW1/4, THE NW1/4NE1/4, THE NE1/4NW1/4 AND A PORTION OF LOT 2 OF SECTION 24, THE W1/2W1/2 AND THE NE1/4NWI/4 OF SECTION 25, LOTS 5, 9, 11, 14, 15, 16, 17, AND 18, THE NE1/4 AND THE N1/2SE1/4 OF SECTION 26, LOTS 1, 2, 3 AND 4 OF SECTION 35 AND THE NWI/4NW1/4 OF SECTION 36, TOWNSHIP 7 SOUTH, RANGE 89 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 2, A 3 1/4" ALUMINUM CAP, L.S. NO. 15710, FOUND IN PLACE, THENCE S 00°58'7" \ T ALONG THE WESTERLY L INEOF SAID SEcTtoN.2.370.38.FEEI TO. THE NORTNWEST.. CORNER_QE LOT 7 OF SAID SECTION 2, A 3 1/4" ALUMINUM CAP, L.S. NO 19598, SET IN PLACE, THE TRUE POINT OF BEGINNING; THENCE N 89°52'55' E ALONG SAID NORTHERLY LINE 604.19 FEET TO THE NORTHEAST CORNER OF SAID LOT 7, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 00°45'26" W ALONG THE EASTERLY LINE OF SAID LOT 7 430.33 FEET, TO A REBAR AND CAP, L.S. NO. 3317 IN PLACE; THENCE CONTINUING ALONG THE EASTERLY LINE OF LOT 7 N 89°48'58" E 722.54 FEET TO REBAR AND CAP, L.S. NO. 3317 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 00°01'02" E 858.00 FEET TO A REBAR AND CAP, L.S. NO. 3317 IN PLACE; THENCE S 89°43'31" E ALONG THE NORTHERLY LINE OF LOT 17 OF SAID SECTION 2 606.04 FEET TO A REBAR AND CAP, L.S. NO. 3317 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY LINE S 00°05'01" W 468.68 FEET TO A REBAR AND CAP, L.S. NO. 3317 IN PLACE; THENCE N 89°59'01" E ALONG THE NORTHERLY LINE OF SAID LOT 17 745.65 FEET TO THE NORTHEAST CORNER OF SAID LOT 17, A REBAR AND CAP, L.S. NO. 5933 IN PLACE; THENCE S 01°02'49" E ALONG THE EASTERLY LINE OF SAID LOT 17 AND THE EASTERLY LINE OF SE1/4SW1/4 OF SAID SECTION 2 2139.78 FEET TO SOUTH QUARTER CORNER OF SAID SECTION 2, A GARFIELD COUNTY SURVEYOR BRASS CAP, IN PLACE; THENCE S 89°20'14' E ALONG THE NORTHERLY LINE OF SECTION 11 2606.29 FEET TO THE NORTHEAST CORNER OF SAID SECTION 11, A BLM BRASS CAP IN PLACE; THENCE S 00°32'26" E ALONG THE EASTERLY LINE OF SAID SECTION 11 2727.73 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 11, A GARFIELD COUNTY S-URVE-YOR BRASS CAP-IN.PLACE; THENCE CONTINUING -ALONG -S -AID -EASTERLY LINE S 00°55'14" W 2845.15 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 11, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE S 01°18'09' E ALONG THE EASTERLY LINE OF SECTION 14 2624.50 FEET TO THE EAST QUARTER rmn TUTIF11111. IFITTTITTrilwriTuninTinnr 522205 03/23/199 :23P 81058 P800 M ALSDORF 6 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO CORNER OF SAID SECTION 14, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 88°49'37" E ALONG THE NORTHERLY LINE OF THE SW1/4 OF SECTION 13 2684.50 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 13, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 00°09'55" W ALONG THE EASTERLY LINE OF SAID SW1/4 2627.54 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 13 (WHENCE A GARFIELD COUNTY SURVEYOR BRASS CAP WITNESS CORNER FOR SAID CORNER BEARS S 89°15'43" W 66.00 FEET); THENCE N 89°05'31" E ALONG THE NORTHERLY LFNE OF THE NW1/4NE1/4 OF SECTION 24 1302.82 FEET TO THE EAST SIXTEENTH CORNER OF SECTION 13 AND 24, A 3 1/4" ALUMINUM CAP. L.S. NO. 19598, SET; THENCE S 00°40'41" W ALONG THE EASTERLY LINE OF SAID NWI/4NE1/4 818.59 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 437207 IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, A REBAR AND CAP, L.S. NO. 19598, SET IN PLACE; THENCE LEAVING SAID EASTERLY LINE S 78°07'44" E ALONG THE NORTHERLY LINE OF THAT PROPERTY DESCRIBED IN SAID RECEPTION NO. 437207 1324.40 FEET TO A POINT ON THE EASTERLY LINE OF LOT 2 OF SECTION 24, A REBAR AND CAP, L.S. NO. 19598, FOUND IN PLACE; THENCE S 00°50'20" W ALONG THE EASTERLY LINE OF SAID LOT 2 209.02 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 88°52'34" W ALONG THE SOUTHERLY LINE OF SAID LOT 2 1299.26 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SECTION 24, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 88°52'34" W ALONG THE SOUTHERLY LINE OF SAID NW1/4NE1/4 1299.26 FEET TO THE NORTH -CENTER SIXTEENTH CORNER OF SAID SECTION 24, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 88°34'41" W ALONG THE SOUTHERLY LINE OF THE NE1/4NW1/4 OF'SECTION 24 1313.60 FEET TO THE NORTHWEST SIXTEENTH CORNER OF SAID SECTION 24, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE N 00°46'00" E ALONG THE WESTERLY LINE OF SAID NE1/4NW1/4 1328.70 FEET TO THE WEST SIXTEENTH CORNER OF SECTIONS 13 AND 24, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 88°29'47" W ALONG THE NORTHERLY LINE OF SAID SECTION 24 1307.90 FEET TO THE NORTHWEST CORNER OF SAID SECTION 24, A 1975 GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE ALONG THE WESTERLY LINE OF SAID SECTION 24 S 01°00'56" W 2654.14 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 24, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 88°39'32" E ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 24 1319.31 FEET TO THE WEST -CENTER SIXTEENTH CORNER OF SAID SECTION 24, A 3 1/4" ALUMINUM CAP, L.S NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3317 BEARS S 04°58'47" E 1.48 FEET); THENCE S 00°24'21" W ALONG THE EASTERLY LINE OF THE NW1/4SW1/4 OF SAID SECTION 24 1339.44 FEET TO THE SOUTHWEST SIXTEENTH CORNER OF SAID SECTION 24, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3317 BEARS S 12°55'43" E 0.67 FEET); THENCE N 89°04'41" E ALONG THE NORTHERLY LINE OF THE SEI/4SW1/4 OF SAID SECTION 24 1316.40 FEET TO THE SOUTH -CENTER SIXTEENTH CORNER OF SAID SECTION 24. A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE (WHENCE API 11111 II1IIif I 1111111111111 III 1111111111111 52220 03/23/1998 02;23P 61058 P801 M ALSDORF 7 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO A REBAR AND CAP, L.S. NO. 3317 BEARS S 38°59'02" W 1.54 FEET); THENCE S 00°31'05' W ALONG THE EASTERLY LINE OF SAID S:E I /4 S W I /4 1349.16 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 24, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE S 01°03'12' W ALONG THE EASTERLY LINE OF THE NE1/4NW l/4 OF SECTION 25 1327.55 FEET TO THE NORTH -CENTER SIXTEENTH CORNER OF SAID SECTION 25 A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3317 BEARS N 04°23'09" E 17.83 FEET); THENCE S 89°14'59' W ALONG THE SOUTHERLY LINE OF SAID NE1/4NW1/4 1303.75 FEET TO THE NORTHWEST SIXTEENTF[ CORNER OF SAID SECTION 25, A 3 1/4" ALUMINUM CAP. L.S. NO. 19598. SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3317 BEARS N 04°49'23" E 8.74 FEET); THENCE S 00°37'26" W ALONG THE EASTERLY LINE OF THE SWI/4NW1/4 OF SAID SECTION 25 1332.99 FEET TO THE WEST -CENTER SIXTEENTH CORNER OF SAID SECTION 25 , A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3317 BEARS N 00°38'08" E 17.21 FEET); THENCE S 01°24'26" W ALONG THE EASTERLY LINE OF THE W1/2SW1/4 OF SAID SECTION 25 268L89 FEET TO WEST SIXTEENTH CORNER OF SAID SECTION 25 AND SECTION :16, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3317 BEARS S 64°22'48" E 0.94 FEET); THENCE S 00°38'06" E ALONG THE EASTERLY LINE OF THE NW 1/4NWl/4 OF SECTION 36 1287.31 FEET TO THE NORTHWEST SIXTEENTH CORNER, A REBAR AND CAP, L.S. NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE N 88°54'22" W ALONG THE SOUTHERLY LINE OF NW1./4NW1/4 OF SAID SECTION 36 1287.76 FEET TO THE NORTH SIXTEENTH CORNER OF SECTION 35 AND SECTION 36, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 89°41'40" W ALONG THE SOUTHERLY LINE OF LOT 1 AND LOT 2 OF SAID SECTION 35 2323.28 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 00°02'48" E ALONG THE EASTERLY LINE OF LOT 3 1099.94 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 89°57'12' W ALONG THE SOUTHERLY LINE OF LOT 3 AND LOT 4 1298.24 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE ; THENCE N 00°02'48" W ALONG THE WESTERLY LINE OF SAID LOT 4 2424.23 FEET TO THE NORTHWEST CORNER OF SAID LOT 4, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3) 17 BEARS S-89°06'44" W 1.8:29 -FEET); THENCE N-89921'26" NV- ALONG -THE SOUTHERLY LINE OF SECTION 26 287.17 FEET TO THE SOUTHWEST CORNER OF LOT 18 OF SAID SECTION 26, A REBAR AND CAP, L.S NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE N 00°1746' E ALONG THE WESTERLY OF LOT 18 AND LOT 9 1827.73 FEET TO THE SOUTHWEST CORNER OF LOT 13, A REBAR AND CAP, L.S. NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE N 89°57'12" E ALONG THE SOUTHERLY LINE OF SAID LOT 13 192:69 FEET TO THE SOUTHEAST CORNER OF SAID LOT 13, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598. SET EN PLACE; THENCE N 01°04'07" E ALONG THE EASTERLY LINE OF SAID LOT 13 801.19 FEET TO THE ti! 111111F11111111111 r111111111111111iii 1111111111111 522205 03/23/1998 02:23P 81058 P802 M ALSDORF 8 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO NORTHEAST CORNER OF SAID LOT 13, A REBAR ANI) CAP. L.S NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 13 N 89"39'52' W 203.52 FEET TO THE NORTHWEST CORNER OF SAID LOT 13, A REBAR AND CAP, L.S. NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE N 00°17'45" E ALONG THE WESTERLY LINE OF LOT 11 OF SAID SECTION 26 1318.30 FEET TO THE NORTHWEST CORNER OF SAID LOT 11, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 89°56'43" E ALONG THE NORTHERLY LINE OF LOT 11 AND LOT 5 OF SAID SECTION 26 1304.97 FEET TO THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 26, A REBAR AND CAP, L.S. NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE N 00°30'14' E ALONG THE EASTERLY LINE OF SAID LOT 1 1324.70 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 26, A 1975 GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE S 89°46'34" W ALONG THE NORTHERLY LINE OF SAID SECTION 26 1070.71 FEET TO THE SOUTHWEST CORNER OF LOT 10 OF SECTION 23, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE N 00°00'39" W ALONG THE WESTERLY LINE OF LOT 10 AND LOT 5 OF SAID SECTION 23 2058.47 FEET TO THE NORTHEAST CORNER OF LOT 11 OF SAID SECTION 23, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 89°59'21" W ALONG THE NORTHERLY LINE OF LOT 11 AND LOT 6 OF SAID SECTION 23 1319.37 FEET TO THE SOUTHWEST CORNER. OF LOT 4, A REBAR AND CAP, L.S. NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE N 00°20'21" E ALONG THE WESTERLY LINE OF LOT 4 AND LOT 1 OF SAID SECTION 23 1334.24 FEET TO THE NORTHEAST CORNER OF LOT 2 OF SAID SECTION 23, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 89°59'21" W ALONG THE NORTHERLY LINE OF SAID LOT 2 244.55 FEET TO THE NORTHWEST CORNER OF SAID LOT 2. A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE N 00°03'05" E ALONG THE WESTERLY LINE OF SECTION 23 1921.51 FEET TO THE NORTHWEST CORNER OF SAID SECTION 23, A STONE FOUND IN PLACE; THENCE N 00°45'38" W ALONG THE WESTERLY LINE OF SECTION 14 2714.70 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 14, A STONE FOUND IN PLACE; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID SECTION 14 N 00°24'34" W 2707.42 FEET TO THE NORTHWEST CORNER OF SAID SECTION 14, A STONE FOUND IN PLACE; THENCE N 89°05'11" E ALONG THE NORTHERLY LINE OF SAID SECTION 14 1323.14 FEET TO THE WEST SIXTEENTH CORNER OF SECTIONS 14 AND 11, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE N 00°01'38" W ALONG THE WESTERLY LINE OF THE SE1/4SW1/4 OF SECTION 11 1331.22 FEET TO THE SOUTHWEST SIXTEENTH CORNER OF SAID SECTION 11, A 3-1/4" ALUMINUM CAP L.S. #19598 SET 1N PLACE; THENCE S 89°42'45" W ALONG THE NORTHERLY LINE OF THE SW1/4SW 1/4 OF SAID SECTION 11 1327.31 FEET TO THE SOUTH SIXTEENTH CORNER OF SECTION 10 AND SECTION 11, A 3-1/4" ALUMINUM CAP, L.S. #19598. SET IN PLACE; THENCE N 00°12'40" W ALONG THE WESTERLY LINE OF SAID SECTION 11 1345.67 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 11, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 89°52'12" E ALONG THE NORTHERLY LINE OF THE • f 111111111111111111 Mk 11 11111111 11111111 11111 11111111 522205 03/23)1998 02 23P B1058 P803 M ALSDORF 9 of 10 R 51.00 0 0.00 GARFIELD COUNTY CO NW 1/4SW 1/4 OF SECTION 11 1331.61 FEET TO THE WEST -CENTER SIXTEENTH CORNER OF SAID SECTION 11. A 3 1/4" ALUMINUM CAP. L.S. NO. 19598. SET IN PLACE; THENCE N 00°01'50' W ALONG THE_EASTFRI Y I INE_TJIE_SW1/4NW 1/4.OF SECTION 11 1363.77 FEET TO THE NORTHWEST SIXTEENTH CORNER OF SAID SECTION 11, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 89°05'20' W ALONG THE NORTHERLY LINE OF SAID SW1/4NW I /4 668.15 FEET TO THE- W -C NW SIXTY-FOURTH- (-1164)-CORNER- OF.SAID-SECTION'1.1, A 21`.ALUMTNUM- CAP, L.S. NO. 19598, SET IN PLACE; THENCE N 00°07'35' W ALONG THE EASTERLY LINE OF THE W1/2NW1/4NW1/4 OF SAID SECTION 11 1354.66 FEET TO THE WEST- WEST SIXTY-FOURTH (1/64) CORNER OF SAID SECTION 11 AND SECTION 2, A 2" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 88°18'48' W ALONG THE NORTHERLY LINE OF SECTION 11 670.63 FEET TO THE NORTHWEST CORNER OF SAID SECTION 11, A 1975 GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 01°05'15' W ALONG THE WESTERLY LINE OF SECTION 2 2696.06 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 2, A 1975 GARFIELD COUNTY SURVEYOR BRASS CAP FOUND IN PLACE; THENCE CONTINUING ALONG SAID WESTERLY LINE N 00°58'17" E 1279.13 FEET TO II:JILLIEJE POINT OF BEGINNING; AND PARCEL B DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE E1/2 OF SECTION 36, TOWNSHIP 7 SOUTH, RANGE 89 WEST AND LOT 2 OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 36, A 1985 I3LM ALUMINUM CAP IN PLACE; THENCE S 89°54'23" W ALONG THE SOUTHERLY UNE OF SAID SECTION 36 2023.47 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY OF COUNTY ROAD NO. 108, THE TRUE PAINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID SECTION 36 S 89°54'23" W 652.61 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 36, A NO. 6 REBAR WITH METAL TAG, L.S. NO. 10097 FOUND AND UPGRADED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, ON THE NO. 6 REBAR; THENCE N 00°20'26" E ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 36 2678.88 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 36, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE CONTINUING ALONG SAID NORTH -SOUTH CENTERLINE N 00°20'26" E 2574.41 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 36, A STONE FOUND IN PLACE; THENCE S 89°55'23" E ALONG THE NORTHERLY LINE OF SAID SECTION 36 1332.21 FEET TO THE EAST SIXTEENTH CORNER OF SECTION 25 AND SECTION 36, A 3 1/4" ALUMINUM CAP. L.S. NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP. L.S. NO. 3317 BEARS N 60°07'51" W 0.77 FEET); THENCE S 00°11'59" W ALONG THE EASTERLY LINE OF THE Tv W1/4NE1/4 • 111111111111111111 IlIII 11111111111111111111111111111 522205 03/23/1998 02:23P 81058 P804 M ALSDORF 10- of 10- R- 5-1.00 D- 0.00- GARFIELD- COUNTY- CO_ OF SAID SECTION 36 1299.27 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 36, A REBAR AND CAP. L.S. NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE S 89°24'18" E ALONG THE NORTHERLY LINE OF THE SEI/4NE1/4 OF SAID SECTION 36 1335.40 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTION 36, A REBAR AND CAP, L.S. NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE S 00°03'12" W ALONG THE EASTERLY LINE OF SAID SECTION 36 110.01 FEET TO THE WEST QUARTER CORNER OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 89 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, A 1975 GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE LEAVING SAID EASTERLY LINE N 89°43'22" E ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 31 686.80 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 31, A 1986 BLM ALUMINUM CAP IN PLACE; THENCE S 00°52'41' W ALONG THE NORTH - SOUTH CENTERLINE OF SAID SECTION 31 2527.68 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 108; THENCE LEAVING SAID NORTH -SOUTH CENTERLINE THE FOLLOWING SEVEN (7) COURSES ALONG SAID SOUTHERLY RIGHT-OF-WAY: 1. N 36°40'28" W 170.38 FEET 2. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 429.97 FEET AND A CENTRAL ANGLE OF 70°23'23, A DISTANCE OF 528.23 FEET (CHORD BEARS N 71°52'10" W 495.63 FEET) 3. S 72°56'08" W 123.88 FEET 4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 14.17.62 -FEET AND -A CENTRAL ANGLE OF 10°02'53", A- DISTANCE OF 248.61 FEET (CHORD BEARS S 67°54'42" W 248.29 FEET) 5. S 62°53'15" W 1020.73 FEET 6. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 930.36 FEET AND A CENTRAL ANGLE OF 26°23'46", A DISTANCE -OF" 428.62 IS LANCE -OF - 428.62 FEET (CHORD BEARS S 49°41'23" W 424.84 FEET) 7. S 36°29'30" W 900.92 FEET TO THE TRUE POINT OF BEGINNING; Mar -30-00 02:58P SBA, Inc_ 4-1001 RECEIVE[Y 0 8 2001 1 THE UNITED STATES OF AMERICA TO Ali. TO WHOM THESE PRESENTS MAIL COME, OR ETfjO: !V'izar.A3, A C•'rrt.EenrV d ihr. Jtciiii*irr .e! Iht frenal 0.`faer RC lEenver, Celera47,1/44 Erse eleixA;lcii in the Clct>"r.l f.anel Ma!, nlavrtn• it t>jn•xrx Wei, ppts!tea In the tet of Cin:�rc oe ea May Zit J n teccurn ftnmenteada to Acton] Feitkra on the ('ttlb Domain,' And the RciR tt �'qd; giArtai lhra'N C, tl:c nLzina ��i;f"uf.. • €. R F.s Exr r,cta t,ct ane] .F.i_gce'.'nayrgrnal 1E, j. tie 4=4"-rt‘,..4. iwwwiic o (>,w, 1 lice... •..4.<:4,•'<r .�( �/ 9• �-fi..,r iJr..y/ ,a4-•GtlCstyC J/r is 7 � 1£% tl , 4' .:..1f.>:•, `ri "if 7x �c� > i .moi.-0,0�.� o •r .�' /0� QwGe/ tts< ll-Gt.7`7yx .ecrontir. In Lh. (E:fieini Pleet of thee Sar revel• d Ihr agid lanai, ref mord In tier. (IEUfs'.flAL LANE} OFFICE by the Sorimyar-Denrrwi. HOW KNOW. TL Thst them iherrr:.r yrsnInt by tire! tt? JT'.T1fl STATE$ nralo Il:e diet ela;imatY Ihr Dad of I.ar.J *bare dc*erih t: Tt. ftArE Amy) 711 fICE1,I) ES-IA.10W Irart re( ian•l. Aith lire: nieinxtennntxs thump(, WOO the *aid claimant_.: an;j to elM heirs and aaaittrt,< of Ilre'Ic iei eL•e ama . fte ever; aellejact In nny rt•rtevf noel mr err<,l u'DI: r rif!'Iin for Iriincng aKtituEtu -, fl nnfatlurin€, er other purposi•s, noel riFhth Eo cIiteteci nett refcn ngtn s;r.I to coneicction with merle i:•iarr rights, evi tnny he recegniced ni.l n:ihn.rietigrel b' tjic Newt eygttwns, L:Na. RNt dceii3oii a eourtn' •^mel thrr IR r-wca;rrrdfrnei the Ian&F Inreaiy 5.��5yyyaaanirrrt a ren. or nay Ef:cerrrrKt for di&deco or Fa:WA ulratnieted by ;ha keltknity t: the UnitedSt.*,ra I fiY /t%ruK_ �tr'Y4�r t,Jh:•Cc«C-e!'/ cid + Y,.l s�,.rxccta/Fr,L{ // jrte.:e6`•ti�slh% .tr - . �kr-•f.+c.lt.!-ti�, G�-[••Lrt�l�.lf'C�rC� .TiCL ; +..!-�" ..d:l. ca --11f.- Ute IN 'f'8SI'IFfI)fI)` WittREftf', I, , PrrKnirr: of Do- Vollrel :;t.<!r of Auror;t l:mvtt vowel thew 3etia<. to Ix: matte Patent, mad Ib, smI of lice CJcrtr3l E:tnet COIN.. t.. I.. ;germ :l a m Ri a••et. 1 41V$N oral -r , v h:n.d, a! the (zty rr iti ho,h4h lap, i n• the :;r_r •tt a her 1 and ,;.,r t h•IteCtr. , ni n. luuadrtet anti : . lade): a.,1. -.r,:,, .,{ :I,,. Uel .•.t . trete.hr. fete. rendre i na(d .. tty the Prc.:dr,rt: e / t/' ti "vim pyt(J{./ Ily R23C0ADgn; P.etenl Nuntl ar i D6 J 4 KIWI tr.: Ittrnrv? ei,. - K r� • (..fd....'y» iIt_ rat dny pf.. / f ted . the ����� . Secrataw, , fleroK.cr o' td n Drama! Lanz! (Mal (44.1" JJ "f rk"t t ttt.fgA . tinputr. P_06 • 1 111111 Illll 111111 IIIII�il11111111111 111 11111 1111 1111 522206 03/23/1998 02:32P 81058 P808 M ALSDORF 4 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A PROPERTY DESCRIPTION - PARCEL A DEER PARK RANCH A PARCEL OF LAND SITUATED IN LOTS 7 AND 17, THE W 1 /2S W 1 /4 AND THE SE1/4SW1/4 OF SECTION 2, THE E1/2SE1/4, THE NW1/4SW1/4, THE E1/2NW1/4, THE E1/2 AND THE E1/2NW1/4NW1/4 OF SECTION 11, THE SW1!4 OF SECTION 13, THE SW1/4 AND THE EI/2 OF SECTION 14, LOTS 1, 4, 5 AND 10. THE SE1/4NW1 /4. THE N1/2NW1/4 AND THE E1/2 OF SECTION 23. THE S1/2SW1/4. THE NWI!4SW1/4, THE NW1/4NE1/4, THE NE1/4NW1/4 AND A PORTION OF LOT 2 OF SECTION 24, THE W1/2W1/2 AND THE NEI /4NW l /4 OF SECTION 25, LOTS 5, 9, 11, 14, 15, 16, 17, AND 18, THE NEI/4 AND THE N1/2SE1/4 OF SECTION 26, LOTS 1, 2, 3 AND 4 OF SECTION 35 AND THE NWI/4NW1/4 OF SECTION 36, TOWNSHIP 7 SOUTH, RANGE 89 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 2. A 3 1/4" ALUMINUM CAP, L.S. NO. 15710, FOUND IN PLACE, THENCE S 00°58'7" W ALONG THE WESTERLY LINE OF SAID SECTION 2 370.38 FEET TO THE NORTHWEST CORNER OF LOT 7 OF SAID SECTION 2, A 3 1/4" ALUMINUM CAP, L.S. NO 19598, SET IN PLACE, THE TRUE POINT OF BEGINNING; THENCE N 89°52'55' E ALONG SAID NORTHERLY LINE 604.19 FEET TO THE NORTHEAST CORNER OF SAID LOT 7, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 00°45'26" W ALONG THE EASTERLY LINE OF SAID LOT 7 430.33 FEET, TO A REBAR AND CAP, L.S. NO. 3317 IN PLACE; THENCE CONTINUING ALONG THE EASTERLY LINE OF LOT 7 N 89°48'58" E 722.54 FEET TO REBAR AND CAP, L.S. NO. 3317 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 00°01'02" E 858.00 FEET TO A REBAR AND CAP, L.S. NO. 3317 IN PLACE; THENCE S 89°43'31" E ALONG THE NORTHERLY LINE OF LOT 17 OF SAID SECTION 2 606.04 FEET TO A REBAR AND CAP, L.S. NO. 3317 1N PLACE; THENCE CONTINUING ALONG SAID -NORTHERLY LINE S 00°05'01 W 468:68 FEET TO A REBAR AND CAP, L.S. NO. 3317 IN PLACE; THENCE N 89°59'01" E ALONG THE NORTHERLY LINE OF SAID LOT 17 745.65 FEET TO THE NORTHEAST CORNER OF SAID LOT 17, A REBAR AND CAP, L.S. NO. 5933 IN PLACE; THENCE S 01°02'49" E ALONG THE EASTERLY LINE OF SAID LOT 17 AND THE EASTERLY LINE OF SEI/4SW1/4 OF SAID SECTION 2 2139.78 FEET TO SOUTH QUARTER CORNER OF SAID SECTION 2, A GARFIELD COUNTY SURVEYOR BRASS CAP, IN PLACE; THENCE S 89°20'14' E ALONG THE NORTHERLY LINE OF SECTION 11 2606.29 FEET TO THE NORTHEAST CORNER OF SAID SECTION 11, A BLM BRASS CAP IN PLACE; THENCE S 00°32'26" E ALONG THE EASTERLY LINE OF SAID SECTION 11 2727.73 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 11, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 00°55'14" W 2845.15 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 11, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE S 01°18'09' E ALONG THE EASTERLY LINE OF SECTION 14 2624.50 FEET TO THE EAST QUARTER • 1Iii1111111111111111111111Pi111111111111III 1111111111111 522206 03/23/1998 02:32P 81058 P809 M ALSDORF 5 of 13 R 66.00 D 0.0C GARFIELD COUNTY CO CORNER OF SAID SECTION 14. A GARFIELD COUNTY SURVEYOR. BRASS CAP IN PLACE; THENCEN-88°49'37` EALONG THE NOR.THERLY LINE OF THE SW1/4 OF SECTION 13 2684.50 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 13, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 00°09'55" W ALONG THE EASTERLY LINE OF SAID SW1/4 2627.54 FEET TO THE,.S_QI_IT _ QUARTER CORNER OF SAID SECTION 13 (WHENCE A GARFIELD COUNTY SURVEYOR BRASS CAP WITNESS CORNER FOR SAID CORNER BEARS S 89°15'43" W 66.00 FEET): THENCE N 89°05'31" E ALONG THE NORTHERLY LINE OF THE NW1/4NE1/4 OF SECTION 24 1302.82 FEET TO THE EAST SIXTEENTH CORNER OF SECTION 13 AND 24, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET; THENCE S 00°40'41" W ALONG THE EASTERLY LINE OF SAID N W l /4NE l/4 818.59 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 437207 IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, A REBAR AND CAP, L.S. NO. 19598, SET IN PLACE; THENCE LEAVING SAID EASTERLY LINE S 78°0T44" E ALONG THE NORTHERLY LINE OF THAT PROPERTY DESCRIBED IN SAID RECEPTION NO. 437207 1324.40 FEET TO A POINT ON THE EASTERLY LINE OF LOT 2 OF SECTION 24, A REBAR AND CAP, L.S. NO. 19598, FOUND IN PLACE; THENCE S 00°50'20" W ALONG THE EASTERLY LINE OF SAID LOT 2 209.02 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 88°52'34" W ALONG THE SOUTHERLY LINE OF SAID LOT 2 1299.26 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SECTION 24, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 88°52'34" W ALONG THE SOUTHERLY LINE OF SAID NW1/4NE1/4 1299.26 FEET TO THE NORTH -CENTER SIXTEENTH CORNER OF SAID SECTION 24, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 88°34'41" W ALONG THE SOUTHERLY LINE OF THE NEI/4NW1/4 OF SECTION 24 1313.60 FEET TO THE NORTHWEST SIXTEENTH CORNER QF SA ID -SECTION 24; A 3.1/4' ALUMINUM -CA -P, LS-. NO: 1.9-59$, SET IN PLACE; THENCE N 00°46'00" E ALONG THE WESTERLY LINE OF SAID NEI/4NW1/4 1328.70 FEET TO THE WEST SIXTEENTH CORNER OF SECTIONS 13 AND 24, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 88°29'47" W ALONG THE NORTHERLY LINE OF SAID SECTION 24 1307.90 FEET TO THE NORTHWEST CORNER OF SAID SECTION 24, A 1975 GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE ALONG THE WESTERLY LINE OF SAID SECTION 24 S 01°00'56" W 2654.14 FEET TO THEWERT QUARTER CORNER OF SAID_ SECTION.24,_ A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 88°39'32" E ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 24 1319.31 FEET TO THE WEST -CENTER SIXTEENTH CORNER OF SAID SECTION 24, A 3 1/4" ALUMINUM CAP, L.S NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3317 BEARS S 04°58'47" E 1.48 FEET); THENCE S 00°24'21" W ALONG THE EASTERLY LINE OF THE NWI/4SW1/4 OF SAID SECTION 24 1339.44 FEET TO THE SOUTHWEST SIXTEENTH CORNER OF SAID SECTION 24, A 3 1/4" ALUMINUM CAP. L.S. NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3317 BEARS S 12°55'43" E 0.67 FEET); THENCEN 89°04'41" E ALONG THE NORTHERLY LINE OF THE SE1/4SW1/4 OF SAID SECTION 24 1316.40 FEET TO THE SOUTH -CENTER SIXTEENTH CORNER OF SAID SECTION 24, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE (WHENCE • 1111111111111111111iii11.r1i1i11111i1111 522206 03/23/1998 02:32P B1058 P810 M ALSDORF 6 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO A REBAR AND CAP, L.S. NO, 3317 BEARS S 38°59'02" W 154 FEET); THENCE S 00°31'05' W ALONG THE EASTERLY LINE OF SAID SE1/4SW1/4 1349.16 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 24. A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE S 01°03'12' W ALONG THE EASTERLY LINE OF THE NEI/4NW1/4 OF SECTION 25 1327.55 FEET TO THE NORTH -CENTER SIXTEENTH CORNER OF SAID SECTION 25 A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3317 BEARS N 04°23'09" E 17.83 FEET); THENCE S 89°14'59' W ALONG T'HE SOUTHERLY LINE OF SAID NE1/4NW1/4 1303.75 FEET TO THE NORTHWEST SIXTEENTH CORNER OF SAID SECTION 25, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3317 BEARS N 04"49'23" E 8.74 FEET): THENCE S 00°37'26" W ALONG THE EASTERLY LINE OF THE SWI14NW1/4 OF SAID SECTION 25 1332.99 FEET TO THE WEST -CENTER SIXTEENTH CORNER OF SAID SECTION 25 A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3317 BEARS N 00°38'08" E 17.21 FEET); THENCE S 01°24'26" W ALONG THE EASTERLY LINE OF THE W1/2SW1/4 OF SAID SECTION 25 2681.89 FEET TO WEST SIXTEENTH CORNER OF SAID -SECTION -25 AND -SECTION -36, A-3.1/4" ALUMINUM CAP, L.S. NO. I9598, SET IN PLACE (WHENCE A REI3AR AND CAP, L.S. NO. 3317 BEARS S 64°22'48" E 0.94 FEET); THENCE S 00°38'06" E ALONG THE EASTERLY LINE OF THE NW1/4NW1/4 OF SECTION 36 1287.31 FEET TO THE NORTHWEST SIXTEENTH CORNER, A REBAR AND CAP, L.S. NO. 33I7 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO, 19598; THENCE N 88°54'22" W ALONG THE SOUTHERLY LINE OF NW1/4NW114 OF SAID SECTION 36 1287.76 FEET TO THE NORTH SIXTEENTH CORNER OF SECTION 35 AND SECTION 36, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 89°41'40" W ALONG THE SOUTHERLY LINE OF LOT 1 AND LOT 2 OF SAID SECTION 35 2323.28 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2, A 3 1/4" ALUMINUM CAP, L.S. NO, 19598, SET IN PLACE; THENCE S 00°02'48" E ALONG THE EASTERLY LINE OF LOT 3 1099.94 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 89°57'12' W ALONG THE SOUTHERLY LINE OF LOT 3 AND LOT 4 1298.24 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE ; THENCE N 00°02'48" W ALONG THE WESTERLY LINE OF SAID LOT 4 2424.23 FEET TO THE NORTHWEST CORNER OF SAID LOT 4, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, -SET IN PLACE (WHENCE A REBAR AND CAP. L.S. NO. 3117 BEARS S 89°06'49" W 18.29 FEET); THENCE N 89°21'26" W ALONG THE SOUTHERLY LINE OF SECTION 26 287.17 FEET TO THE SOUTHWEST CORNER OF LOT 18 OF SAID SECTION 26, A REBAR AND CAP, L.S NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE N 00°17'46' E ALONG THE WESTERLY OF LOT 18 AND LOT 9 1827.73 FEET TO THE SOUTHWEST CORNER OF LOT 13, A REBAR AND CAP, L.S. NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE N 89°57'12" E ALONG THE SOUTHERLY LINE OF SAID LOT 13 192.69 FEET TO THE SOUTHEAST CORNER OF SAID LOT 13, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE N 01°04'07" E ALONG THE EASTERLY LINE OF SAID LOT 13 801.19 FEET TO THE • 1 111111 11111 111111 1111101 11111 11111111 111 11111 1111 1111 522206 03/23/1998 02:32P B1058 P811 M AI.SDORF 7 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO NORTHEAST CORNER OF SAID LOT 13, A REBAR AND CAP. L.S NO, 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP. L.S. NO. 19598; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 13 N 89°39'52' W 203.52 FEET TO THE NORTHWEST CORNER OF SAID LOT 13, A REBAR AND CAP, L.S. NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE N 00°17'45" E ALONG THE WESTERLY LINE OF LOT 11 OF SAID SECTION 26 1318.30 FEET TO THE NORTHWEST CORNER OF SAID LOT 11, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 89°56'43" E ALONG THE NORTHERLY LINE OF LOT 11 AND LOT 5 OF SAID SECTION 26 1304.97 FEET TO THE SOUTH:EAST CORNER OF LOT 1 OF SAID SECTION 26, A REBAR AND CAP, L.S. NO. :3317 FOUNI) IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE N 00°30'14' E ALONG THE EASTERLY LINE OF SAID LOT 1 1324.70 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 26, A 1975 GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE S 89°46'34" W ALONG THE NORTHERLY LINE OF SAID SECTION 26 1070.71 FEET TO THE SOUTHWEST CORNER OF LOT 10 OF SECTION 23, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET 1N PLACE; THENCE N 00°00'39" W ALONG THE WESTERLY LINE OF LOT 10 AND LOT 5 OF SAID SECTION 23 2058.47 FEET TO THE NORTHEAST CORNER OF LOT 11 C)F SAID SECTION 23, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 89°59'21" W ALONG THE NORTHERLY LINE OF LOT 11 AND LOT 6 OF SAID SECTION 23 1319.37 FEET TO THE SOUTHWEST CORNER OF LOT 4, A REBAR AND CAP, L.S. NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE N 00°20'21" E ALONG THE WESTERLY LINE OF LOT 4 AND LOT 1 OF SAID SECTION 23 1334.24 FEET TO THE NORTHEAST CORNER OF LOT 2 OF SAID SECTION 23, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 89°59'21" W ALONG THE NORTHERLY LINE OF SAID LOT 2 244.55 FEET TO THE NORTHWEST CORNER OF SAID LOT 2, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE N 00°03'05" E ALONG THE WESTERLY LINE OF JECTION-23.1921-.51- FEET TO -THE. NORTHWEST QQRNER OF SAID SECTION 23, A STONE FOUND IN PLACE; THENCE N 00°45'38" W ALONG THE WESTERLY LINE OF SECTION 14 2714.70 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 14, A STONE FOUND IN PLACE; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID SECTION 14 N 00°24'34" W 2707.42 FEET TO THE NORTHWEST CORNER OF SAID SECTION 14, A STONE FOUND IN PLACE; THENCE N 89°05'1 1 " E ALONG THE NORTHERLY LINE OF SAID SECTION 14 1323.14 FEET TO THE WEST SIXTEENTH CORNER OF SECTIONS 14 AND 11, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE N 00°01'38" W ALONG THE WESTERLY LINE OF THE SE1/4SW1/4 OF SECTION 11 1331.22 FEET TO THE SOUTHWEST SIXTEENTH CORNER OF SAID SECTION 11, A 3-1/4" ALUMINUM CAP L.S. #19598 SET IN PLACE; THENCE S 89°42'45" W ALONG THE NORTHERLY LINE OF THE SW1/4SW1/4 OF SAID SECTION 11 1327.31 FEET TO THE SOUTH SIXTEENTH CORNER OF SECTION 10 AND SECTION 11, A 3-1/4" ALUMINUM CAP, L.S. #19598, SET IN PLACE; THENCE N 00°12'40" W ALONG THE WESTERLY LINE OF SAID SECTION 11 1345.67 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 11. A GARFIELI) COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 89°52'12" E ALONG THE NORTHERLY LINE OF THE i uiiii uui olio 11101 11111 iiuuii III um ilii ini 522206 03/23/1998 02:32P 61058 P812 M ALSDORF 8 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO NW1/4SW1/4 OF SECTION 11 1331.61 FEET TO THE WEST -CENTER SIXTEENTH CORNER OF SAID SECTION 11, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE N 00°01'50' W ALONG THE EASTERLY LINE THE SW1/4NW1/4 OF SECTION 11 1363.77 FEET TO THE NORTHWEST SIXTEENTH CORNER OF SAID SECTION 11, A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 89°05'20' W ALONG THE NORTHERLY LINE OF SAID SWI/4NW1/4 668.15 FEET TO THE W -C -NW SIXTY-FOURTH (1/64) CORNER OF SAID SECTION 11, A 2" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE N 00°0T5' W ALONG THE EASTERLY LINE OF THE W1/2NW1/4NW1/4 OF SAID SECTION 1 1 1354.66 FEET TO THE WEST - WEST SIXTY-FOURTH (I/64) CORNER OF SAID SECTION 11 AND SECTION 2. A 2" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE S 88°18'48' W ALONG THE NORTHERLY LINE OF SECTION 11 670.63 FEET TO THE NORTHWEST CORNER OF SAID SECTION 11, A 1975 GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 01°05'15' W ALONG THE WESTERLY LINE OF SECTION 2 2696.06 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 2, A 1975 GARFIELD COUNTY SURVEYOR BRASS CAP FOUND IN PLACE; THENCE CONTINUING ALONG SAID WESTERLY LINE N 00°58'17" E 1279.13 FEET TO THE TRUE POINT OF BEGINNING; AND PARCEL B DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE E1/2 OF SECTION 36, TOWNSHIP 7 SOUTH, RANGE 89 WEST AND LOT 2 OF SECTION 31, TOWNSHIP 7 SOUTH. RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 36, A 1985 BLM ALUMINUM CAP IN PLACE; THENCE S 89°54'23" W ALONG THE SOUTHERLY LINE OF SAID SECTION 36 2023.47 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY OF COUNTY ROAD NO. 108, THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID SECTION 36 S 89°54'23" W 652.61 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 36, A NO. 6 REBAR WITH METAL TAG. L.S. NO. 10097 FOUND AND UPGRADED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, ON THE NO. 6 REBAR; THENCE N 00°20'26" E ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 36 2678.88 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 36. A 3 1/4" ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE; THENCE CONTINUING ALONG SAID NORTH -SOUTH CENTERLINE N 00°20'26" E 2574.4I FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 36, A STONE FOUND IN PLACE; THENCE S 89°55'23" E ALONG THE NORTHERLY LINE OF SAID SECTION 36 1332.21 FEET TO THE EAST SIXTEENTH CORNER OF SECTION 25 AND SECTION 36, A 3 1/4" ,ALUMINUM CAP, L.S. NO. 19598, SET IN PLACE (WHENCE A REBAR AND CAP, L.S. NO. 3317 BEARS N 60°07'51" W 0.77 FEET); THENCE S 00°11'59" W ALONG THE EASTERLY LINE OF THE NWI/4NE1/4 OF SAID SECTION 36 1299.27 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 36, A REBAR AND CAP, L.S. NO. 3317 FOUNI> rN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE S 89°24'I8" E ALONG THE NORTHERLY LINE OF THE SE1/4NE1/4 OF SAID SECTION 36 1335.40 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTION 36, A REB.AR AND CAP, L.S. NO. 3317 FOUND IN PLACE AND REPLACED WITH A 3 1/4" ALUMINUM CAP, L.S. NO. 19598; THENCE S 00°03'12" W ALONG THE .EASTERLY LINE OF SAID SECTION 36 110.01 FEET TO THE WEST QUARTER CORNER OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 89 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, A 1975 GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE: THENCE. LEAVING SAID EASTERLY LINE N 89°43'22" E ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 31 686.80 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 31, A 1986 BLM ALUMINUM CAP IN PLACE; THENCE S 00°52'41' W ALONG T}IE NORTH- SOUTH CENTERLINE OF SAID SECTION 31 2527.68 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 108; THENCE LEAVING SAID NORTH-SOUTH CENTERLINE THE FOLLOWING SEVEN (7) COURSES ALONG SAID SOUTHERLY RIGHT-OF-WAY: 1. N 36°40'28" W 170.38 FEET 2. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 429.97 FEET AND A CENTRAL ANGLE OF 70"23'23, A DISTANCE OF 528.23 FEET (CHORD BEARS N 71°52'10" W 495.63 FEET) 3. S 72°56'08" W 123.88 FEET 4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1417.62 FEET AND A CENTRAL ANGLE OF 10002'53", A DISTANCE OF 248.61 FEET (CHORD BEARS S 67'54'42" W 248.29 FEET) 5. S 62°53'15" W 1020.73 FEET 6. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 930.36 FEET AND A CENTRAL ANGLE OF 26°23'46", A DISTANCE OF 428.62 FEET (CHORD BEARS S 49"41'23" W 424.84 FEET) 7. S 36°29'30" W 900.92 FEET TO THE TRI TF POINT OF BEGINNING; 2. 3. EXHIBIT B TO GENERAL WARRANTY DEED EFFECT OF INCLUSIONS I?`: ANY GENERAL OR SPECIFIC SEATER CONSERVANCY, FIRE PROTECTION SOIL CONSERVATION OR OTHER DISTRICT O R INCLUSION' IN AN: wA2R SERVICE OR STREET I:^.PROVEME_N'r AREA. WATER EIGHTS OR CLAIMS TO wATER RIGHTS. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTR•ycr AND REMOVE HIS ORE THEREFROM SHOUD THE SAME BE FOUND TO PENETRATE OR INTERSECT Tisk PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED August 12, 1896, IN BOOK 12 AT =AGE 431, RECORDED JUNE 8, 1897 IN BOOR; 12 AT PAGE 462, RECORDED OCTOBER 16, 1912 IN BOOK 71 AT PAGE 563 AND 564 AND RECORDED MARCH 8, 1906 IN BOOK 73 AT PAGE 90 AND RECORDED FEBRUARY 13, 1981 IN BOOK 565 AT PAGE 465. 4. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE : AUTEORITY OF THE UNITED STATES AS RESERVED IN U:T=TED STATES PATENT RECORDED August 12, 1896, IN BOOK 12 AT PAGE. 431, RECORDED JUNE 8, 1897 IN BOOL 12 AT PAGE 462, RECORDED JULY 5, 1911 IN BOCK 71 AT PAGE 481 AND 482, RECORDED OCTOBER 15, 1912 IN BOOK 71 AT PAGE 563 AND 564, RECORDED AUGUST 3, 1902 IN BOOK 73 AT PAGE 61 AAD.RECORDED FEBRUARY 13, 1981 IN BOOK 565 AT PAGE 455. 5. RIGHT OF WAY FOR'DITCHES OR CAINrii.LE CONS'T'RUCTED BY TEE AUTHORITY OF TH✓ UNI'T'ED STATES AS RESERVED IN UNITED STATES PATENT T RECORDED March 08, 1906 IN BOOK 73 AT PAGE 90, RECORDED SEPTEMBER 22, 1919 IN BOOK 112 AT PAGE 335, RECORDED OCTOBER 2, 1922 IN BOOK 112 AT PAGE 380, RECORDED MAY 22, 1918 IN BOOK 112 AT PAGE 493, RECORDED MAY 27, 1932 IN BOOK 172 AT PAGE 532. 6 • RIGHT OF WAY FOP. DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED May 10, 1940, IN BOOK 194 AT PAGE 614, RECORDED APRIL 24, 1944 IN BOOK 209 AT PAGE 234, RECORDED NOVEMBER 14, 1955 IN BOOK 290 AT PAGE 8 AND RECORDED MAY 4, 1955 IN BOOK 292 AT PAGE 508. 7. 8. 9 EZCCZ1TTNc AND RLEE 7rNC , ROW t 717. TO TU.1. UDTTTFiD STATES ALL THE cOnE AND OTHER MINERALS IN THE LANDS SO ENTERED AND PATENTED, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE TTS SAME PURSUANT TO THE PROVISIONS AND LIMITATIONS OF 1EE ACT OF DECEMBER 29, 1915, (39 STAT. 862) AS RESERVED TTI PATENTS RECORDED MAY 27, 1932 LN BOOK 172 AT PAGE 532 AND RECORDED MAY 10, 1940 IN BOOK 194 AT PAG? 614 AND RECORDED APRIL 24, 1944 IN BOOK 209 AT PAGE 234. EASEMENTS ?'.ND RIGHTS OF NAY FOR INGRESS AND EGRESS AS GRANTED IN INSTRUMENT RECORDED SEPTEMBER 9, 1968 IN BOOK 395 AT PAGE 433 AND IN INSTRUMENT RECORDED SEPTEMBER 20, 1553 IN BOCK 396 AT PAGE 574. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO b.OLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTREME'NTS RECORDED JUNE 21, 1973 IN BOOK 446 AT PAGE 162, RECORDED JULY 27, 1973 IN BOOK 447 AT PAGE 515, RECORDED DECEMBER 21, 1977 IN BOOK 504 AT PAGE 89. 10. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO IN INSTRUMENT RECORDED J:NU2RY 7, 1360 IN BOOK 322 AT PAGE 457. 11. EASEMENTS AND R1G"r.TS OF WAY AS COMPANY IN INSTRUMENT RECORDED 12. EASEMENTS AND RIGHTS OF WAY AS IN BOOK 6650 AT PAGE 2555. GRANTED TO ROCKY MOUNTAIN NATURAL GAS JUNE 1, 1994 IN BOOK 904 AT PAGE 338. GR yNTTED IN INSTRUMENT RECORDED MAY 23, 1964 111111111111111111 111111 11 1111111111111 111 111111111 1111 522204 03/23/1998 02.15P 81058 P793 M ALSDORF 8 of 9 R 46.00 D 769.37 GARFIELD COUNTY CO i 111111 11111 111111 111101 iiiiiiii iini Ill uiii uii usi 522204 03/23/1998 02:15P B1058 P794 M ALSDORF 9 of 9 R 46.00 D 769.37 GARFIELD COUNTY CO 13. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY AGREEMENT AND QUIT -CLAIM Dyr'7 RECORDED July 23, 1992 IN BOOT_ 837 32,T PAGE 435. 14. EASEMENTS AND RIGHTS OF WAY FOR ROADS PLACE INCLUD ING : 15. A. COUNTY ROADS NO. 108 AND NO. /25 B. LIGNITE, MCKO"v+';T SOMETIMES CALLED DITCHES AND DITCHES AS CONSTRI7Li: D AND IN MC ON, DRY PARK, MINES AND PIPELINE RIGET OF WAY FOR DITCHES OR CANALS CONSTUL.iD BY THE AUTHORITY OP THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED April 3.4, 1986, IN BOOK 686 AT PAGE 531. 16. EASEMENTS AND RIGHTS RECORDED OCTOBER • 15 , 17. EASEMENTS AND RIGHTS _INC. IN INSTRUMENTS AT PAGE 764_ OF WAY FOR ROADWAY ACCESS AS GRANTED IN INSTRUMENT 1973 IN BOOK 450 AT PAGE 480. OF WAY AS GRANTED TO HOLY CROSS ELECTRIC A$SOCZAT:ON, RECORDED OCTOBER 2c, 1983 IN BOOK 637 AT RAGE 763 ADD • • Special Use Application — Communications Facility, 6/30/00 Surrounding property owners James & Nancy Young 1293 Huebinger Ave. Glenwood Springs, CO 81601 Paul & Calina Gonzales 1288 Huebinger Drive Glenwood Springs, CO 81601 Kevin & Shirley Helmer 58 Coyote Drive Carbondale, CO 81623 June M. Bondi 5205 West Ontario Ave. Littleton, CO 80128 Robert S. Perkash Orthopedic Associates of Aspen & Glenwood Springs, P.C. Retirement Funds 622 19th Street, Suite 201 Glenwood Springs, CO 81601-4244 Robert & Janet McNutt 1305 Riverview Ave. Glenwood Springs, CO 81601-4051 Michael & Christine Bodrogi 998 Huebingerr Drive Glenwood Springs, CO 81601-9064 Carl & Mararet Rohan 1505 Watch Hill Drive Plano, TX 75093 Randall A. Crenshaw 931 Huebinger Drive Glenwood Springs, CO 81601-9064 Johan & Katie Morlind P.O. Box 2106 Aspen, CO 81612-9175 • . Nancy Crenshaw 931 Huebinger Drive Glenwood Springs, CO 81601-9064 James & Sandra Douglas 1135 Huebinger Drive Glenwood Springs, CO 81601-9064 LESSOR: C. 1 River ch Com By. Title: Date: Witness: J L 27/I L/ (Sign Name) Brenda M. Weissmann General Partner December 9, 1999 Witness: (Print Na (Sign Name) Robert S. Rich (Print Name) Notary Public: 1, Julie E. West , do hereby certify that Sue Anyehutz—Rodgers personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and seal this 1�PramhPr , 1999. 9th ary Signature day of Comission expires: August .11, 2003 m Site Name: Cattle Creek Site Number: C01629 - LESSEE: SBA Tow - By: nc. Title: Ur. c! Sits Admit. / Corp. Date: 1X- Witness - Witness: gn Name) 1 rl (Print Name) 0 Ur►d �,, tk-aUtthQA 0-(14(n (Print Name) N ry Pub c I, do hereby certify that Lawrence M. Weis erg personally appeared before me this day and acknowledged the due execution of the foregoing instrument. fitness y hand and seal this r ./� ) day of /g1 Ch,Z j/ , 19 AVAMIL otary tgn My Commission - • .ares: 5 .;;..,,, TRESSASUTON �:. •;.: MY COMMISSION # CC 860497 EXPIRES: August 3, 2003 Bonded Thru Notary Public Undarwtitars •••••••• F r -+ O -1 0 8 IG—D IG—DF 1 -N 1 u D 0 0 5" co N W c0 01 01 IG --D' IR—DF O 53 I I 0 '-1 z O • s 0 -71 -1 IG—DF 100-00-££L-S6£Z L7 P1 D -0 T -1 2395-014-00-0d7 2395-014-00-065 ry I 2393-182-00-102 1� ►• • ••� • • Ni G7 0 G7 0 P ♦ • 0 .•...•.•.•.•.•.•.•..t P 1 C • • 114 • �•1•♦•♦♦♦•••• ao • ♦ ) tr Ie• . •_•.•.•.•.•-•.•,.• • • r /0 C ry ••% ► 'a�•'•'•'♦: CO: ►. _1- c� 0 • ♦ • ♦ • •• •'•ve•-•wv•v•••••••••••vvvvv ♦ N c0 F IG—D F ♦� 4 C c0 N 0 1" CO 2395-224-00-005 < a u r F I ' its �' N Ju