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HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR MINOR SUBDIVISION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1 1972 and amended January 2, 1979, Sections 1.02.17 (d) and 3.02.01 the under- signed John Wix, as President of Thunder River Realty Co. respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of a forty acre tract of land into four tracts of approximately 7.48, 16.07, 6.36 and 9.54 acres each, more or less from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (a) -(d) and the Garfield County Subdivision Regulations, for the reasons stated below: A resubdivision of subject tract was anticipated and provided for in the approved Final Plan for Panorama Ranches Subdivision. The reasoning is set forth in detail in the enclosed explanatory letter In support of this petition, the petitioner also submits the following: a. Letter explaining briefly the proposed minor subdivision Also see attached instructions b. Map drawn to scale showing proposed lot subdivision and access c. Copy of deed d. Vicinity map e. Statement on source of domestic water f. Statement on method of sewage disposal g. 100 year floodplain information where live stream crosses or adjoins said tract h. Fee in the amount of $ 139.45 i. Evidence of the soil types j. Significant natural and manmade features on the site and existing development within 200 feet of the property k. If community or municipal system will provide service for water and sewage, letter from the governing body stating the willingness to serve must he provided. Submitted at Glenwood Springs, Colorado, this 8th. day of August , 1980. Colorado Country Panorama Estates by John Wix, President, Thunder River Realty Co., the General Partner %;‘.74., Petitioner P. 0. Box X, Basalt, CO 81621 Mailing Address 927-39142 or 927-3161 Telephone Number REAL ESTATE INVESTMENT August 8, 1980 Chairman Board of County Commissioners Garfield County c/o Pay Baldwin, Planner County of Garfield Glenwood Springs, Colorado Hand Delivered XX IV 20 30 _ R NT30Ft. 3R.30A 3La ' ""57" BOX X 303/927-3161 BASALT, COLORADO 81621 Subject: Letter explaining proposed minor subdivision of Homestead 53, Panorama Ranches, a Rural Community Gentlemen: Subject lands comprise Homestead 53 of Panorama Ranches Subdivision which was approved and recorded October 10, 1979. The Protective Covenants provide for resubdividing of said tract into not more than four single family homesites. The Final Plan illustrates the nature of this planned resubdivision by dashed boundary lines as shown on the plat copies included herewith. A road designed to meet Garfield County specifications has been constructed by the petitioner to serve each of the four homesites. A sub -base of 3" diameter and less of pit run gravel has been placed on the road and compacted to depths ranging from 9" to in excess of 2h". The road is constructed on a 60/ wide right of way and is an extension of Buck Point Road. Buck Point Road has been constructed and chip and sealed to and including the turnaround area located at the westerly end of the subject tract of this letter. After approval of resubdivision the road willbe brought to the same standards as those completed within the balance of Panorama Ranches. Domestic water will serve the lots from the water storage tank located on the tract for which this resubdivision request is made. A 100,000 gallon water storage tank has been constructed at the easterly termination of the road des- cribed in the preceding paragraph. Domestic water will be distributed from that tank throughout the subdivision including the subject parcel of this arplication. The water storage tank is fed by two wells which operate singly or in tandem with the capability to deliver 50 gallons of water per minute of time to the tank. Constant pumping tests of. 96 hours for well No. 1 and 72 hours for well No. 2 have established production at 35 GPM and 28 GPM respectively. Page 2. • • The subject parcel of this application is bordered on its west and south boundaries by 11 single family homesites ranging in size from 5.02 acres to 8.16 acres, with an everage of 5.78 acres each. The north boundary of the westerly one-third of the tract is adjacent to the proposed Cattle Creek P.U.D. The remainder of the north boundary and the east boundary adjoins dryland pasture owned by McNulty. The tract is subject to a 100' wide conservation and equestrian easement along its southerly boundary and to a 25' wide conservation and equestrian easement along its easterly, westerly and northerly boundaries. A natural gas line easement 50' in width delineates the westerly boundary of the tract with 25' of said easement situated on subject tract. Said easement lies evenly between subject tract and Homestead 2 of Panorama Ranches. It is anticipated that State and County approved individual disposal systems will will handle the sewerage of each of the four houses which are contemplated to be constructed by future owners. Geologic, topographic and soils data have been submitted and approved previously for all of the Panorama Ranches Subdivision and are, therefore, applicable to this request. Thank you for your consideration. Sincerely` John Wix, President General Partner for Colorado Country Panorama Estates h 2 u D. ^ 4 0 { E W A 45 4 0 0 a • t a ro T O V t.4 • F N 4 14 • v • " 8 V h G a y ti a W n ♦ J tt i t,a�,•2:Yt t ` 4 N N M N} 4! 4 A ti t 0. t• W •a"RW:t,`4gt:W: Rir4 R ia..tipap • e 1,1! o A 4. lf,1 `I R 4. h M 1 ftj REAL ESTATE INVESTMENT COLORADO COUNTRY PANORAMA ESTATES RE: HOMESTEAD 53 A, B, C and D yr' I -3E 1E37 IV 3C1 30 3Ezt FLIQCT10rt. l- x 'r BOX X 303/927-3161 BASALT, COLORADO 81621 NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS 1. Homestead #14 - Panorama Ranches Henry V. Borkowski P.O. Box 1193 Basalt, CO 81621 2. Homestead # 18- Panorama Ranches William Robert and Bobbie Jean Floyd 0057 Basalt Mountain Drive Carbondale, CO 81623 3. Homestead #19 - Panorama Ranches Garry and Sheila Schedin 0321 Knight Road Basalt, CO 81621 4. Homestead #20 - Panorama Ranches Davis S. and Cathie F. Farrar 0165 Basalt Mountain Drive Carbondale, CO 81623 5. Homestead #21 - Panorama Ranches Richard W. & Nancy W. McClellan 0221 Tanager Drive Glenwood Springs, CO 81602 6. Frank Lerner 0202 Danielson Drive Aspen, CO 81611 7. Gary McNulty 4131 103 Road Carbondale, CO 81623 8. John McNulty P,0. Box 944 Carbondale, CO 81623 114 REAL ESTATE INVESTMENT COLORADO COUNTRY PANORAMA ESTATES NAMES AND ADDRESSES OF MINERAL RIGHT OWNERS: 1. Colorado Country Panorama Estates P.O. 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G; —-- ro/'..cisP 4341 v/rB/ 0009 9/fier J///o/5):( 4,00 (44,0601, 34/01, oo i s: W), A43 Jr; 72,4, oz 2.5-11r dria” 448.94' .154 4e -free_ flat' pde, 3.5'0, 6 STSZI 3 3.2, 5-d c> 3>., aa© 3/-C o.1 o .2&/ /dc) .24/f /413 404 2.42i Gao 2I'2, boo 224i taa, Goo -2.4 WI0 foo /g!/ /4 45 400 2 4,-1/4) 877' � adA /2,3a6 2,44.4 /z,4,4ao ! y logo 9®0 no, 7f Io,14yr4 9) 7/.2. yf 712, Z 19+11,4 7/0,V-44 441 8>3ov 8/3444,00 efy4. ► 7, 44,y, �o 4,70,44, .4) 7 AV, 57.4757.* — Iti -Record. d at •6 410 clock 1-) W. AY - 5 1980 411 rere-.t -. 303608 MIDRM RECORDER AGREEMENT TO AMEND CONTRACT OF SALE AND PURCHASE AND DEED OF TRUST RELEASE PROVISIONS BOOK 548 PAGE 34 WITNESS THIS AGREEMENT made this /44 day in March 1980 between SAMUEL A. GRANGE, ALICE E. BRIGHT and GENE A. GRANGE (hereinafter called "Granges") and THUNDER RIVER REALTY CO., a Colorado Corporation, (herein- after called "Thunder River"); WHEREAS, Granges, as Seller, and Thunder River, as Buyer, previously completed the sale and purchase of lands pursuant to a certain contract of sale and purchase dated May 18, 1971, and WHEREAS, one deed of trust was executed by Thunder River for the benefit of Granges, recorded in Book 420 at Page 1.58 (Reception No. 250131) in the records of Garfield County, Colorado, and WHEREAS, pursuant to,the contract, Thunder River is entitled to partial releases from the deed of trust from time to time, and WHEREAS, the payments made to date upon the contract have been as follows: PAYMENTS UNDER CONTRACT Downpayment June 18, 1971 $50,000.00 Payment June 15, 1972 17,500.00 Payment June 15, 1973 17,500.00 Payment June 15, 1974 17,500.00 Payment October 15, 1974 36,400.00 Payment June 15, 1975 17,500.00 Payment June 15, 1976 17,500.00 Payment June 15, 1977 17,500.00 Payment June 15, 1978 17,500.00 Payment June 15, 1979 17,500.00 TOTAL .t226,400.00 WHEREAS, rights to partial releases have accrued, been granted, and are due under said contract as follows: Accrued: Granted: Due: 292 acres 228.78 acres 63.22 acres WHEREAS, Thunder River has caused approximately 420 acres of said lands purchased to be subdivided into residential lots or parcels called "Homesteads," and has caused to be recorded in the office of records of Garfield County an approved final plat of said subdivision entitled "Panorama Ranches, A Rural Community", an accurate copy of which is attached hereto and by this reference incorporated herewith, and all parties recognize that it is to their mutual BOOK 548 PAGE 35 benefit to modify the partial release provisions of the contract into a less cumbersome formula; NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, and the covenants of the contract of sale and purchase, and the covenants of the deed of trust, the parties hereto agree as follows: 1. Granges agree to grant partial releases of deed of trust upon request for and payment by Thunder River -- which payment shall be at the rate of nine hundred dollars ($900.00) in principal for each one (1) acre -- on the basis of any numbered lot or homestead within said Panorama Ranches. 2. Notwithstanding the recitation in the foregoing paragraph 1, the Granges shall not be required to release any of the final eight of numbered Homesteads within said subdivision until after all of those lands within those lots designated as "open space" and all of those lands designated for roads have been paid for and released at the rate of $900.00 per acre in principal paid. This stipulation shall also include all of the lands en- compassed within that road right of way traversing the land westerly of the Needham Ditch within the NW' NW;, Section 17, Township 7 South, Range 87 West of the Sixth Principal Meridian. 3. The legal description of all lands to he released which lie outside the boundaries of the Panorama Ranches Subdivision shall be furnished to the Granges at the expense of Thunder River and shall be prepared by a registered Colorado land surveyor. 4. In the event principal payments by Thunder River entitle. it to the partial release of land in a greater amount than requested at any time, the additional acreage shall be carried forward as a credit for future releases. 5. Thunder River agrees as further consideration for this agreement that the interest of eight percentum per annum recited in the original primissory note payable to the Granges shall be increased to nine and one-half percentum per annum on the remaining principal balance of $173,600.00, said adjusted interest rate to accrue on the declining principal balance from January 1, 1980, and to be paid semi-annually in advance. In recognition thereof Thunder River herewith tenders it payment and the Granges hereby • BOOK 548 PAGE 36 acknowledge receipt of $1,184.28, which sum represents additional interest prepaid on the principal balance of $173,600.00 computed at 11/2% per annum from January 1, 1980, to June 14, 1980, inclusive. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written, binding themselves, their heirs, executors, successors and assigns. THUNOeR RIVER REALTY cof , .yyuA.S4. SAMUEL. A. GRANGE ALICE E. BRIGHT ENE A . GRAN E $350,000.00 INSTALLMENT PROMISSORY NOTE •r° Glenwood Springs, Colorado June 21, 1971 FOR VALUE RECEIVED, the undersigned promises to pay to the order of SAMUEL A. GRANGE, ALICE E. BRIGHT and GENE A. GRANGE, the sum of THREE HUNDRED FIFTY THOUSAND DOLLARS, at the First National Bank of Glenwood Springs, Colorado, in the following installments, to -wit: The sum of $17,500.00 on or before June 15, 1972 and the further sum of $17,500.00 on or before June 15th of each year thereafter for a total of fourteen annual payments with a last or final installment of the remaining balance due on or before June 15, 1986, Together with interest on the unpaid balance hereof, at the rate of 8% per centum per annum, from June 15, 1971, payable as follows: The first year's interest on said promissory note shall be prepaid at the time of signing and sealing hereof and said interest shall be prepaid on June 15, 1972 for the next ensuing six-month period, on December 15, 1972 for the next ensuing six-month period and semi- annually thereafter for the next six-month period; that for purposes of calculating the interest due on any interest paying date the principal balance due at the time said prepaid interest shall become due shall be used and no credit shall be given on the interest prepaid in the event the principal amount on which the interest has been calculated shall be reduced by payments made during the ensuing six-month period, except that prepayments made between June 15, 1971 and December 15, 1971 shall reduce the principal on which interest is calculated for the period from December 15, 1971 until June 15, 1972 and any adjustments by reason of such prepayments shall be made June 15, 1972. The maker shall have the right to prepay said note or any part thereof at any time, provided that not to exceed $70,000.00 shall be prepaid on said promissory note during the calendar year 1971. That the payees own said promissory note and all security given to secure the same in the following proportions: Samuel A. Grange - 10/64ths Alice E. Bright - 27/64ths Gene A. Grange - 27/64ths. Failure to pay when due any installment of principal or interest, or any part thereof, shall cause this entire note to become due and collectible at once at the option of the holder hereof, in which case accrued interest and principal shall, from and after the date of such default, bear interest at ten per centum per annum. The makers, endorsers, sureties and guarantors of this note severally waive presentment for payment, notice of non-payment, protest, and notice of protest; and in the event this note be collected by an attorney, by suit or otherwise, agree to pay a reasonable attorney's fee, in an amount of not less than ten per centum of the unpaid balance. That this note is secured by a deed of trust of even date here- with and is subject to certain partial release provisions as contained in Contract of Sale and Purchase between the parties dated May 18, 1971, reference to which is hereby made. THUNDER RIVER REALTY CO. 6// 577.s'27:, `f By .Xc-;/ Jv President Recorded at... o'clock.. M:;! Reception No 285351 y,l=iiL/����� order. BOL, .24J FACE 615 CORRECTION DEED TBS DEED, Made this 8th day of June , 1978 , between THUNDER RIVER REALTY CO. a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, of the first part, and Colorado Country PANORAMA ESTATES, a Colorado limited partnership, Box X, Basalt, Colorado of the County of Garfield State of Colorado, of the second part, WITNESSETH, That the said party of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration twiAtie, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, hath remised, released, sold, conveyed and QUIT CLAIMED, and by these pres- ents doth remise, release, sell, convey and QUIT CLAIM unto the said part y of the second part, its heirs and assigns forever, all the right, title, interest, claim and demand which the said party of the first part hath in and to the following described real estate situate, lying and being in the County of Garfield and State of Colorado, to wit: Township 7 South, Range 87 West, 6th P.M. STATE DOCUMENTARY FEE MAY 9 1978 Section 17: E %, NW 1/, Section 16: W% W% Together with any and all ditch and water rights and reservoir rights pertaining thereto or used in connection therewith. Except those portions of subject land priorly conveyed by the installment land contract, providing, however; that all the benefits which have accrued or which shall accrue under said conveyances are herewith likewise transferred to Grantee herein. Subject to the general tax for 1972 payable in 1973, except for government patent except for easements, reservations or rights—of—way of a public or private nature recorded in the office of records of Garfield Co. Subject to that certain deed of trust for the benefir of Samua]. A. Grange, Alice E. Bright and Gene A. Grange, filed for record in Garfield County June 21, 1971, which Grantee herein assumes and agrees to pay. This Deed is to correct the description in that certain Correction Deed recorded November 3, 1977, in Book 502 at Page 464. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part of the second part, its heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto subscribed by its President, and its corporate seal to be hereunto affixed, attested by its Sec the day and year first above written. Aloft ' Ionn e unning «� iii4 OF COLORADO ------......,.County of 42.l.-tkiii 144. Y Aff!ii 'going instrument was acknowledged before me this sr 1 ss. THUNDER RIVER REALTY CO. By Joil 197S" ,by John Wix Jonnie Dunning THUNDER RIVER REALTY CO. My notarial commission expires 12-21-81 Witness my hand and official seal. JV i x day of as President. President and as Seret, . of :Nor P lie. �C .t -744 No. 198-B. QUIT CLAIM DEED.—Corporation Form—Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado -12-70 ,., 1111& 4r t plreik 366k 420 Page 158 • Reception lkro. �� u t r.Lla bre rens •••'••�•-•••-......Recorder. . This Died Made this21st day of June 19 71 ,between SAMUEL A. GRANGE, GENE A. GRANGE and ALICE E. BRIGHT of the County of Garfield and State of Colo- rado, of the first part, and THUNDER RIVER REALTY CO. , RECORDER'S STAMP STATE CECiaT,IRY FEE a corporation organized and existing under and by virtue of the laws of the S 'te of Colorado of the second part: WITNESSETH, That the said part i e s of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION to the said parties of the first part in hand w�'� paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all of the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: Township 7 South, Range 87 West, 6th P.M. Section•17: E 1/2, NW 1/4 Section 16: W 1/2 W 1/2 Together with any and all ditch and water rights and reservoir rights pertaining thereto .or used in connection therewith. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part les of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances. unto the said party of the se and part, its successors and assigns forever. And the said part ies of the first part. for themsel ves , t Pdr . executors, and administrators, do the said party of the second part, its successors and ass' covenant, grant, bargain and agree to and with these presents, they are well seized of the premise Sabo eh conveyed, at as of good,e time of tde ere, perfect,g and delivery of d indefeasible estate of inheritance, in law, in fee simple, and have sure, absolute and to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and cleaod right, full power and lawful rity from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except 1971 general property taxes, easements and rights of way of a public or private nature and patent reservations of record; and the above bargained premises in the quiet and peaceful possession of the said party of the second part. ita successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said partjof the first part have hereunto set their hand s and seals the day and year first above written. Signed, Sealed and Delivered in the Presence of 0 Sam A. G [SEAL) EALJ [SEAL] • Alice E. Bright STATE OF COLORADO, County of Garfield iss. The foregoing instrument was acknowledged before me this 21st day of June 1971 .by Samuel A. Grange and Gene A. Grange. `\,,• tij irl•,Y mmis$ionexpires March 22, 1973. i.t .... ,..,, v>.`, 1r ''.',TNE.S my hand and official seal. t �' 1 ', na.:e2. igAttltANTY DEED TO r'ORPORATION—For Photographic Record. Notary Public. i 'CONTRACT OF SALE AND PURCHASE THIS AGREEMENT, made and entered into this /8 day of May, A. D. 1971, by and between SAMUEL A. GRANGE, ALICE E. BRIGHT AND GENE A. GRANGE, whose address is %Samuel A. Grange, Route 1, Carbondale, Colorado, hereinafter referred to as "sellers", and THUNDER RIVER REALTY CO., a Colorado corporation, whose address is %John Wix, President, Basalt, Colorado, hereinafter referred to as "buyer", WITNESSETH: WHEREAS, the sellers are the owners of 640 acres, more or less, on what is normally referred to as "Missouri Heights", in Garfield County, Colorado, together with certain water rights from Missouri Heights Reservoir connected therewith; and WHEREAS, the sellers have agreed to sell said property and the buyer has agreed to purchase the same upon the terms and for the consideration hereinafter expressed; NOW, THEREFORE, for and in consideration of the promises and agreements herein contained, the parties hereto hereby agree as follows: 1. Real Property. That the sellers hereby agree to sell and convey and the buyer agrees to purchase the following described real property situate in the County of Garfield, State of Colorado, to -wit: Township 7 South, Range 8.7 West, 6th P.M. Section 17: E 1/2, NW 1/4 Section 16: W 1/2 W 1/2 Together with any and all ditch and water rights and a reservoir rights pertaining thereto or used in connection therewith. 2. Purchase Price. That buyer agrees to pay to sellers for all the above described real property a total purchase price of Four Hundred Thousand Dollars ($400,000.00), which shall be payable as follows: (a) The sung of $10,000.00 at the time of signing and sealing hereof; (b) The further sum of $40,000.00 at the time of closing as hereinafter provided; and (c) The further sum of $350,000.00 shall be represented by the buyer's promissory note payable to sellers, which note shall be payable in the sum of $17,500.00 on or before one year from date thereof and the further sum of $17,500.00 on or before each year thereafter for a total of fourteen annual payments with a last or final installment of the remaining balance due oh or before fifteen years frqm date thereof, together with interest at 8% per annum on the unpaid balance; that the first year's interest on said promissory note shall be prepaid at the time of closing and interest shall be prepaid one year from date thereof for the next six months and prepaid each six months thereaf tem; that for purposes of interest calculations the principal balance due at the time said prepaid interest shall become due shall be used; that no credit shall be given on the interest prepaid in the event the principal amount upon which such interest has been paid shall be reduced by payments made in the ensuing six-month period; that prepayments made during the first six months shall reduce the principal balance on which interest is calculated for the second six month period and any adjustments by reason thereof shall be made by the parties at ,the end of the second six month period; that said promissory note shall be secured by a deed of trust covering all the above described property and shall be a first lien thereon, subject, however, to the partial release provisions as hereinafter provided; 3. Evidence of Title. That as soon as possible sellers shall deliver to buyer an abstract of title covering all the above described property in its present condition and buyer shall have the option of either extending said abstract and examining the same or of obtaining title insurance and in the event the buyer elects to extend the abstract the cost -2- •• 0• of such extension shall be paid by sellers and in the event the buyer elects to obtain title insurance a portion of said cost equal to the cost of extending the abstract shall be paid by sellers; that sellers warrant that from an examination of said abstract or said title insurance commitment their title shall be merchantable and free and clear of all liens and encumbrances except easements and rights of way of a public or private nature, patent reservations, prior reservations of mineral rights of record, and general taxes of a current nature; that if from an examination of said abstract or title insurance commitment sellers' title shall not be merchantable as above defined, sellers agree to correct their title at their own cost and expense within a reasonable time; that buyer shall notify sellers of any defects in sellers' title within thirty (30) days after receipt of said abstract and any defects not so complained of shall be deemed waived; that in the event corrective procedures are necessary to make sellers' title merchantable the closing of this sale shall not be postponed; however, sellers' obligation to correct their title shall continue and they shall do so in the name of buyer; that in the event the nature of said defects are such that it is ques- tionable whether the defects can be corrected, the buyer may terminate this contract, in which event all monies paid hereunder sshall be returned to buyer; however, this shall be the full limit and extent of sellers' liability. In the event buyer elects to obtain title insurance, it is understood that the abstracts of title will be retained by sellers until their security interest in said property has been paid in full. 4. Access. The sellers have represented that they are entitled to access to the above described property along a roadway through property now under the control of Michael Strang lying adjacent to and South and West of the above des- cribed property and agree to convey to the buyer said access without warranty except as hereinafter provided; that the buyer agrees to promptly make application to the Bureau of Land Management for an access road across B.L.M. property to the Westerly portion of the above described property; that in the event he is unsuccessful in obtaining such a permit and in the further event that Michael Strang denies all access to said property through the property now owned by him either along the roadway normally used by sellers as access to said property or otherwise, sellers agree to take such action as may be necessary to insure the continued use of the access road to the property they have enjoyed in the past; that buyer agrees to give sellers written notice of his denial of the B.L.M. access and the denial to him of access by Michael Strang within 120 days from date hereof, in which event sellers shall provide access as above described; that in the event buyer fails to give such written notice to sellers within said 120 day period, sellers shall be relieved of all obligations to enforce their access rights against Michael Strang; that sellers shall convey to buyer all rights which they have in and to said access acquired by perscription or otherwise without warranty. 5. Partial Releases. That in consideration of this sale the sellers agree that the buyer shall be entitled to partial releases of the deed of trust covering the above des- cribed property upon the following terms and conditions: -4- (a) That in consideration of the down payment made here- under buyer shall be entitled to partial releases of a tract of land consisting of 40 acres as hereinafter defined; (b) That in consideration of each annual principal payment, the buyer shall be entitled to a release of an additional 25 acres as hereinafter defined; (c) That in consideration of the payment by buyer to sellers of the sum of $700.00 per acre buyer shall be entitled to partial releases as hereinafter defined; that all payments made at the rate of $700.00 per acre for which partial releases are given shall not relieve buyer of making the next regular annual payment; (d) That the parties have prepared a map of the property conveyed and agree that the NW 1/4 of Section 17 shall be the first property released; that buyer shall divide said 160 acres into four tracts of land each containing 40 acres either in the form of a square or rectangle running either from the North to the South or from the West to the East and it shall be entitled to partial releases of said 160 acres in the manner khat said tract of land shall be divided provided that said releases shall be in 40 -acre tracts, the second 40 acres to be released being adjacent to the first 40 acres and the subsequent 40 acre tracts adjacent to the previously released tracts; that the plat prepared by the parties is attached hereto as Exhibit "A" and by reference made a part hereof and after the releasing of the NW 1/4 of said Section 17, buyer shall be entitled to releases of 40 acre tracts as shown on said map in numerical rotation starting with Tract No. 5 and proceeding to Tract No. 16, or buyer may release said tracts in any one of the following rotations: (i) Tract No. 5, 12, 13, 14, 11, 6, 7, 10, 15, 16, 9 and 8; or (ii) Tract No. 5, 12, 13, 6, 11, 14, 7, 10, 15, 8, 9 and 16; or (iii) Such other rotation as may be agreed upon; That tracts of land may be released within the tract then being released in ten -acre tracts which shall be contiguous to previously released tracts; (e) That sellers specifically reserve through all tracts of land partially released access and utility easements to the unreleased portions of said property which shall be along roadways established by buyer or if none are established, as designated by sellers; that the right of ways shall be a minimum of 40 feet in width; that sellers shall also reserve from the partial releases granted rights of way for irrigation ditches to convey their irrigation water in the manner as presently estab-. lished and in use; (f) That buyer shall cause to be surveyed any irregular -5- tracts that cannot be tracts hatdescribed by governmental survey land to designations, together with the be roadways across af a request releasedr and shall present such survey and bea made thereon such release to to sellers andogether sellerswith shall any partial releases topayments aspa above which the buyer execute provided; that all costsofssurl be entitledpreparation of tech partial release shall be borne survey aer prhparation event the buyer becomes entitledto reason of by buyer; that bye not requested, made for whichppartial releases are of equested,s and heeshall be entitled rtoal emulate fur whicd credits gree togaccumulate are established withoutve Ypmen partial releasesrfor (g) That dedication of payment therefor; land to released a roadway through then sellers' to the use of the g a tract of right to retain public shallosatisfy access as above provided; (h) That the buyer shall ofh irrigation waterhbe entitled to in thehnnection connected with a partial release with any tract of landsaid property it waterdavailabletherin the proportion that presently being at the of at being to said irrigated lands bears atoathent portion n shreleased; that anyll disagreement on such 6• y sellers. Cl o- ssn2• That this sale and on or before Junpurchase shall be closed June 15, 1971, at which time the (a) Execute sellers shall: above Execute Warranty Deed to buyer bb ee de cribeished propert ucho covering all the y or to such organization whom buyer has by buyer for the acceptance as may assigned this contract; °f title to s A e (b) b) Execute an Assignment wsd prOprgnment to all reservoir rights connected the time of closing, buyer or his assi (a) Pay the balance ofqhs shall: the down payment to be made as above provided; (b) Execute the promissory appropriate partial release provisionsdeed of trust with as (c) Pay the prepaid interest on the above provided; pro- vided; and note as above d) Execute an the waterExrights, of the the ghts, which assignmentdocuments evidencing additional security shall sbes conditional that all for said promissory general property Y note; taxes levied and assessed against said property for the year 1971 shall be prorated b the parties hereto as of the etween date of closing, -6- 7. Miscellaneous. (a) That the sellers acknowledge that Colorado Country Limited is the real estate agent responsible for this sale and agree to pay to said broker a commission equal to 6% of the total purchase price which shall be payable at the time of closing; that they also understand that John Wix who is. the president of Thunder River Realty Co., the buyer, is also president of Colorado Country Limited, the broker, involved and that the said John Wix may very likely be one of the principals in either a corporation or a limited partnership established to take title to said property and specifically release the said John Wix of any and all responsibility by reason of any conflict of interest that may appear by reason • of this arrangement; (b) That it is understood that the buyer shall endeavor to acquire access to said property at its own cost and expense and any access so acquired shall either be dedicated to the public use or taken in the name of both buyer and sellers to the end that the sellers shall have continued use of any access so acquired so long as they have an interest in any part of said property represented by said deed of trust; (c) That the promissory note to sellers shall provide that the maker may prepay any amount at any time, provided that not more than 30% of the total purchase price, excluding appropriate interest, shall be paid during the calendar year 1971; (d) That it is understood by the sellers that the seller Samuel A. Grange is the owner of 10/64ths of said property -7- and that the sellers Alice E. Bright and Gene A. Grange each own a 27/64ths of said property and all payments received from this sale shall be so divided between the sellers and the promissory note given by buyer to sellers shall payable to said sellers at The First National Bank of Glenwood Springs in such proportions. 8. Default. That in the event the buyer fails to make the balance of the down payment as above provided, the sellers may give buyer ten days written notice of said default and in the event said default shall not be corrected within said ten-day period, sellers may retain all monies paid hereunder as stipulated liquidated damages, or in the event that either party hereto shall fail to keep or perform any covenants and agreements herein contained to be kept and performed, the party not in default shall have such remdy as may be available to him at law, in equity or at all. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. }4?jA-11--" Samuel A.Grange - Sel er e'U '� Alice E. Bright e ler fZ Gene A. Grange - Selle THUNDER RIVER REALTY CO. - Buyer By hn Wix, President • v 3 411 n1' • ,« d #• / l M `ell: os 144 ,ice• ti "..?" � (,- .\ \: Iv^ ger• • ti 6. •^ 1 ':,- •r1.4-_::: e ' ' \I'i 1, �<,>: . ' ' .1.,:- ., ./ ' ../ 0:.r....t` •-..., 'Ldp t.':.a-..:.gip) �`4t• ` jl 1v� , „\ ;;e, , . `: )i //; /, J. �� y ,.. .I l: �:- 1 It 44. 10.4 o • Cs 7 • • • • 6Oita% 'T& e r To: Colorado Country P.O. Box X Basalt, CO 81621 Attention: Joanne • AN AGENCY OF CHICAGO TITLE INSURANCE COMPANY DEC 14 1981 GARFIELD GO. PLANNER Date: December 10, 1981 RE: Our File No. G-08-432-79 REVISED Colorado Country Panorama Your File Estates/Colorado Country Panorama Estates DESCRIPTION OF CHARGES AMOUNT The following expenses are to be paid out of the proceeds of the closing of this transaction. Commitment for Owners Policy To Be Determined Colorado Country Panorama Estates, a Colorado limited partners TOTAL GLENWOOD SPRINGS, COLORADO 81601 • P.O. BOX 925 • PHONE (303) 945-5545 $250.00 ip $250.00 • . atic -.�- Co. eLp,���E.R siw ESE REAL ESTATE INVESTMENT December 11, 1981 Davis Farrar Garfield County Planning Dept. 2014 Blake Ave. Glenwood Springs, CO 81601 RE: Homestead 53 - Panorama Ranches Dear Davis: yr XX Dr IV I3 30 Et Et IIE$I.'" BOX X 303/927-3161 BASALT, COLORADO 81621 This commitment apparently fulfills county requirements. Kindly advise us when the matter will be set for public hearing before the Commissioners in order that we may do the proper mailing and advertising. Sincerely, John Wix JW/jm Enclosure i MINOR SUBDIVISION FINAL PLAT (5 copies) NAME: az...L.0.lb. &DI-14,7°7444— LOCATION, # LOTS, ETC. °L5-3 ZONING: 5F ACCESS: WATER: SEWER: CHECK LLIIST: ✓� PLAT 24" x 36" inc. exemption certificate TITLE INSURANCE POLICY w/ownership of affected lands f NAMES & ADDRESSES OF MINERAL RIGHT OWNERS NAMES & ADDRESSES OF ADJOINING PROP. OWNERS CONVENANT SHOWING ONLY SINGLE FAMILY DWELLINGS MINOR SUBDIVSION REVIEW COMMITTEE: Yee Att4t..t 71344 COMMENTS: • .:XAifie w www.N1/41...e Op' ..1GJbiY. .e.' Y.iWz w-saz s-,.- `• . CHICAGO COMMITMENT CHICAGO TITLE INSURANCE a valuable consideration, hereby commits Schedule A, in favor of the proposed interest covered hereby in the land described charges therefor; all subject to the provisions This Commitment shall be effective the policy or policies committed for time of the issuance of this Commitment This Commitment is preliminary and obligations hereunder shall cease or policies committed for shall issue, policies is not the fault of the Company. an authorized officer or agent. IN WITNESS WHEREOF, the Company valid when countersigned by an authorized This Commitment is effective as of the Issued by: COLORADO WEST TITLE INSURANCE COMPANY 818 Colorado Avenue, Suite 101 P. O. Box 925 Glenwood Springs, Colorado 81601 (303) 945-2271 or 945-2272 TITLE INSURANCE COMPANY FOR TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for to issue its policy or policies of title insurance, as identified in Insured named in Schedule A, as owner or mortgagee of the estate or or referred to in Schedule A, upon payment of the premiums and of Schedule A and B and to the Conditions and Stipulations hereof. only when the identity of the proposed Insured and the amount of have been inserted in Schedule A hereof by the Company, either at the or by subsequent endorsement. to the issuance of such policy or policies of title insurance and all liability and terminate six months after the effective date hereof or when the policy whichever first occurs, provided that the failure to issue such policy or This Commitment shall not be valid or binding until countersigned by has caused this Commitment to be signed and sealed, to become officer or agent of the Company, all in accordance with its By -Laws. date shown in Schedule A as "Effective Date." CHICAGO TITLE INSURANCE COMPANY By. /17-4,.,, ,.,, E \NEa . President. 6aileliTE'," iilAt ATTEST: SOK Secretary. .11 :5.2,2, Autho d Of er • Agent F. 2880 CTIRB: 5-1-75 Ch><cago`I'itle Insurancitimp y "COMMITMENT FOR ATITLE 1NSURAb ..E 1. Effective Date: November 3, 1981 8:00 A.M. 2. Policy or Policies to be issued: A. ALTA Owner's Policy Proposed Insured: SCHEDULE A Case No. G-08-432-79 REV' SEn) Premium: Owners $250.00 Amount $ TO Be Determined Colorado Country Panorama Estates, a Colorado limited partnership B. ALTA Loan Policy Proposed Insured: C. Amount $ Amount $ 3. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: Colorado Country Panorama Estates, a Colorado limited partnership 4. The land referred to in the Commitment is described as follows: Homesteads 53A, 53B, 53C, and 53D Panorama Ranches County of Garfield State of Colorado 12/10/81 cm F. 2881 SCHEDULE A - PAGE 1 - NO. Page 1 Chicago itle nsuran e -;7COMMITMENT„'FOR TITLE INSURA SCHEDULE B SECTION 1 REQUIREMENTS G-08-432-79 REVISED The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Recording in the Office of the Clerk and Recorder of the County of Garfield, State of Colorado, of a Final Plat of Panorama Ranches. 2. Recording in the Office of the Clerk and Recorded of the County of Garfield, State of Colorado, of the Restrictive and Protective Covenants of Panorama Ranches. 3. Recording in the Office of the Clerk and Recorded of the County of Garfield, State of Colorado, of the Subdivision Improvements Agreement for Panorama Ranches. Item (c) Payment of all taxes, charges or assessments, levied and assessed against the subject premises which are due and payable. No Tax Certificate ordered. Item (d) Additional requirements, if any, disclosed below: SCHEDULE B - SECTION 1 - PAGE 1 - NO. F. 2882 R. 9/76 Page 2 SCHEDULE B SECTION 2 EXCEPTIONS G-08-432-79 REVISED The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. In addition, the owner's policy will be subject to the mortgage, if any, noted under item one of Section 1 of Schedule B hereof. 8. Reservations and exceptions contained in the United States Patent to the described property as granted to Sherman Cowen dated July 11, 1930 and recorded in Book 172 at Page 543, including: a. There is reserved from the lands hereby granted a right of way thereon for ditches or canals constructed by the authority of the United States. b. Excepting and reserving, however, to the United States all the coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (39' Stat. 862). 9. Rights of way for roads, ditches, canals, reservoirs, pipelines and utility lines including; a. Water deed from the Carbondale Reservoir and Irrigation Company to Albert Grange and Laura Grange recorded in Book 258 at Page 361. b. Easements granted in Warranty Deed from Albert Grange and Laura Grange to Austin F. Heuschkel and Doris B. Heuschkel recorded in Book 320 at Page 394. c. Right of way to Rocky Mountain Natural Gas Company across NZ of Section 17 as recited in Book 401 at Page 392. 10. Terms, conditions, restrictions and obligations of the Subdivision Agreement for Panorama Ranches recorded as Document No. 298381 in Book 536 at Page 878 and any amendments thereto. 11. Certificate of Incorporation to Panorama Ranches Homeowners Association a Non -Profit Corporation, recorded November 14, 1977 as Document No. 281771 in Book 502 at Page 727 and any amendments thereto. SEE ADDED PAGE SCHEDULE B - SECTION 2 - PAGE 1 - NO. F. 2883 R. 9/76 Page 3 • • ADDED PAGE SCHEDULE B G-08-432-79 REVISED Section 2 EXCEPTIONS 12. Terms, conditions, restrictions and obligations of the Restricted and Protective Covenants of Panorama Ranches recorded as Document No. 298349 in Book 536 at Page 799 and any amendments thereto. 13. Setbacks and restrictions as set forth on the Plat of Panorama Ranches: a Rural Community recorded as Document No. 298382, including: a. There is a building setback of 50 feet from all lot lines. b. There is a building setback of 15 feet from any irrigation ditch. c. Occupancy and sale restrictions. 14. Rights of way and easements as shown on the Plat of Panorama Ranches: a Rural Community recorded as Document No. 298382, including: a. There is a minimum easement of 15 feet on all subdivision boundary lines. b. Conservation Easement. c. Water Tank. d. 30.00 foot water and utility easement. e. 25.00 foot conservation and equestrian easement. f. Buck Point Road on cul-de-sac. g. 50.00 foot Rocky Mountain Natural Gas Easement. 15. Deed of Trust from Thunder River Realty Co., a Colorado corporation to the Public Trustee of Garfield County securing Samuel A. Grange, Alice E. Bright and Gene A. Grange, said deed dated June 21, 1971 and recorded June 23, 1971 as Document No. 250132 in Book 420 at Page 160. 16. Taxes or special assessments which are not shown as existing liens by the public records, and possible liens, if any, for taxes or special assessments which are not required to be certified to the County Treasurer to become liens on the land described herein. 17. Any unpaid taxes and 1981 taxes, a lien, not yet due and payable. NOTE: In the event of payment of any unpaid taxes, a copy of the Tax Receipt must be furnished to the Company prior to the issuance of any Final Policy. Page 4 • • United States Department of the Interior BUREAU OF LAND MANAGEMENT COLORADO STATE OFFICE 1037 20th STREET DENVER. CO 80202 John Wix, President Thunder Valley Realty Box X Basalt, CO 81621 Dear Mr. Wix: Thank you for your letter of October 13, 1981. Through an inadvertence, the receipts for the past two rental periods were not properly filed in this right-of-way case file. The receipts have now been located and IN REPLY REFER TO CO -946 (JAS) C-25869 RW �r. 2 3 OCT ^oQ1 OCT2 8198, iLANNE this account is considered to be in good standing through August 22, 1982. Sincerely yours, /S/ jenny L. Jenny L. Saunders, Acting Leader Canon City -Grand Junction Team Branch of Adjudication cc: Arthur A. Abplanalp, Jr., Garfield Co. Atty. —RgVis Farrar, Garfield Co. Planner //7 PROTECTIVE COVENANTS By this declaration made this 13th day of October ► 19 81 , Colorado Country Panorama Estates hereinafter called the "Declarant", who are the owners of the herein described property, subject those lots numbered 53A, 53B, 53C and 53D within said real property, hereinafter called "the Lots", to the conditions, covenants, and restrictions as set forth herein for the benefit of the property and its pruchasers. 1. Limitation on Use. No lots within the Replat of Homestead 53 of Panorama Ranches shall ever be occupied or used for any purpose other than single family dwellings and accessory uses, public and common uses related to single family dwellings. 2. Prohibition of Resubdivision. No lot described on the recorded plat of the Replat of Homestead 53 of Panorama Ranches shall ever be resrbdivided into smaller tracts or lots nor conveyed or encumbered in any less than the full original dimensions as shown cn said recorded plats; provided that conveyances or dedications of easements for utilities may be made for less than all of one lot. 3. Amendment and Termination of Covenants. The covenants con- tained in this instrument shall be amended or terminated only upon the written consent of all owners of the Lots and the Board of County Commis- sioners of Garfield County, Colorado. 4. Waiver. Failure to enforce any provisions of these covenants shall not constitute a continuing waiver of the right to enforce any provision. S. Severability. Should any part or parts of these covenants be declared invalid or unenforceable by any court of competent jurisdic- tion, such decision shall not affect the validity of the remaining covenants. A/440 The foregoing instrument was aknowledged before me this 13th day of October Declarant. !! . 1981 by Colo ado Country Panorama Estates by •49#4 , John Wix, Peesi de; i:, Thunder River Realty Co. General Partner. -74es ea. My Commission expiies: 4--19-81. Witness my hand �h and official seal. 6� • • ENT OT Ty United States Department of the Interior John Wix, President Thunder Valley Realty Box X Basalt, CO 81621 Dear Mr. Wix: BUREAU OF LAND MANAGEMENT Colorado State Of:ice 1037 20th Street Peuver, Colorado 80202 OCT -81981 IN REPLY REFER TO C0-946(JAS) C -25869 -RW With regard to your request to assign right-of-way C-25869 to Garfield County, this office must request some additional information before we can proceed with your request. 1. Regulations have been implemented which will require Garfield County to submit evidence of their qualifications to hold rights-of-way which is different from anything they may have submitted previously. Please have Garfield County submit the information requested on form CSO 2802.16 (Feb. 1981). 2. As assignee, Garfield County must submit a statement that it agrees to comply with and be bound by the terms and conditions of the grant to be assigned plus any additional terms, and conditions and any special stipulations that the authorized officer may impose. (see 43 CFR 2803.6-3). 3. The subject right-of-way must be in good standing. Rent is now overdue for the period from August 23, 1980, through August 22, 1982. At the rate of $560 per year, this overdue amount totals $1120.00. This office will be able to proceed with your request as soon as the information listed above is submitted. Sincerely yours, A.1.;e( es Enclosure Merrill G. Anderson Leader, Canon City/Grand Junction Team Branch of Adjudication cc: Arthur A. Abplanalp, Jr., Garfield County Attorney Davis Farrar, Garfield County Planner AM, Glenwood Springs • • C-25869 Page 2 Terms and Conditions of Grant Pursuant to the authority vested in the undersigned by Order No. 701 of the Director, Bureau of Land Management, dated July 23, 1964 (29 F.R. 10526), as amended, a right-of-way, the details of which are shown above, is hereby granted. The right-of-way granted herein is an easement issued pursuant to the statutory authority cited above; does not convey an interest in the land or give the grantee any estate of any kind in fee in the lands; is a non- exclusive right to construct, operate, and maintain on public lands only those facilities represnted and at the location(s) shown on the hereinabove designated map; and is subject to the following terms and conditions: 1. All valid rights existing on the date of the grant. 2. All regulations in the group specified above. 3. The provisions, limitations, and conditions of Title V of the Federal Land Policy and Management Act of 1976 (90 Stat. 2743, 2776-2782; 43 U.S.C. 1701, 1761-1771). 4. Surveying and clearly marking the exterior limits of the right-of-way prior to the commencement of construction or other surface or vegetation disturbing activities. Said marking shall be done utilizing staking, flagging, or some other method that will result in minimal environmental damage, and shall be done at frequent enough intervals to readily identify the exterior limits on the ground. All activities directly or indirectly associated with construction or maintenance of the right-of-way granted herein must be conducted within the limits of the right-of-way. 5. Compliance with the sttached terms, conditions and stipulations, as contained on the attached pages numbered 1 through 3, which are hereby made a part of this decision. 6. As -built maps submitted with this application and incorporated by reference in this grant are hereby accepted as proof of construction. 7. The right of renewal upon expiration of this grant if the project is in operation at that time and if the grantee has fully complied with the terms, conditions, and stipulations contained herein. If renewed, the right-of-way will be subject to regulations existing at the time of renewal and such other terms and conditions deemed necessary to protect the public interest. 8. Suspension or termination for abandonment or noncompliance with the terms, conditions, and stipulations contained herein upon a finding by an authorized officer of the Bureau of Land Management that grounds for such termination or suspension exist and that such action is justified. Said termination or suspension shall occur only after; (i) the holder of the right-of-way is given due notice; (ii) the holder is provided a reasonable opportunity to comply with said notice; and (iii) an appropriate administrative proceeding is held pursuant to Title V, United States Code, Section 554. • • C-25869 Page 3 9. Temporary suspension of all activities authorized by this grant prior to an administrative proceeding upon a determination by an authorized officer of the Bureau of Land Management that such suspension is necessary to protect the public health and safety or the environment. 10. A rebuttable presumption of abandonment for failure to use this right- of-way for the purpose granted for any continuous five-year period. 11. The right of the Secretary of the Interior, or his lawful delegate, to grant additional rights-of-way or permits for compatible uses on, over, under, or adjacent to the right-of-way area granted herein. 12. Applicable water and air quality standards established by or pursuant to Federal or State law. 13. Applicable State standards for public health and safety, environmental protection, and siting, construction, operation, and maintenance, if these State standards are more stringent than the applicable Federal standards for projects of the same or similar purpose as that authorized herein. 14. That the grantee shall take all measures necessary to: (a) Protect Federal property and economic interests; (b) Protect lawful users of the lands adjacent to or traversed by the right-of-way herein granted; (c) Protect lives and property; and (d) Protect interests of individuals living in the general area traversed by the right-of-way who rely on the fish, wildlife, and other biotic resources of the area for subsistence purposes. 15. That the right-of-way granted herein cannot be conveyed, assigned, or otherwise transferred, in whole or in part, without prior written approval by the Bureau of Land Management. Any transfer will be sub- ject to regulations existing and such other terms, conditions and stipulations deemed necessary at the time of approval of such transfer. 16. Submitting, within sixty days from the date of this grant, a non- returnable sum of $20.00 as reimbursement for costs incurred by the United States in monitoring the construction, operation, maintenance, and termination of the authorized facilities and for protection and rehabilitation of the lands involved. Following termination of the right-of-way, the grantee will be required to pay additional amounts to the extent and in the event that actual costs incurred by the United States exceed the above -stated payment. • • C-25869 Page 4 17. Payment annually, in advance, of the fair market value of the right- of-way as specified in item "H", "Details of Grant". Failure to pay said amount in a timely manner results in summary termination of this grant without an administrative proceeding. The Bureau of Land Manage- ment reserves the right to review the fair market value determination at reasonable intervals, and to adjust it in accordance with regulations and procedures in effect at that time, if necessary, to insure the payment of full fair market value of the right-of-way to the United States. A payment of fair market value in the amount of $1,680.00 is hereby acknowledged and covers the 3 -year period commencing August 23, 1976 and ending August 22, 1979. The next fair market value payment will be due on or before August 23, 1979. The grantee has the right of appeal to the Board of Land Appeals, Office of the Secretary, in accordance with the regulations in 43 CFR, Part 4, Subpart E. However, if an appeal is to be taken, the notice of appeal must be filed in the Colorado State Office, 700 Colorado State Hank Building, 1600 Broadway, Denver, Colorado 80202 (not with the Board), within 30 days from receipt of this decision, so that the case file can be transmitted to the Board. To avoid summary dismissal of the appeal, there must be strict compliance with the regulations. Rodney A. Roberts, Leader Canon City -Grand Junction Team Branch of Adjudication Enclosures: Appeal Information Form Stipulations, Pages 1 through 3 cc: DM, Grand Junction (w/cy map) AM, Glenwood Springs BUREPOF LAND MANAG7MENTT STIPULATICiCS Terms and Conditions An applicant, by accepting a right-of-way, agrees and consents to comply with and'be bound by the following terms and conditions, excepting those which the Secretary of the Interior may waive in a particular case: 1. To comply with State and Federal laws applicable to the project for which the right-of-way is approved, and to the lands which are included in the right-of-way, and lawful existing regulations thereunder. 2. To clear and keep clear the lands within the right-of-way to the extent and in the manner directed by the United States representative in charge; and to dispose of all vegetative and other material cut, uprooted, or otherwise accumulated during the construction and maintenance of the project in such a manner as to decrease the fire hazard and also in accordance with such instructions as the United States representative in charge may specify. 3. To take such soil -and resource conservation and protection measures, including weed control, on the land covered by the right-of-way as the United States representative in charge of such lands may request. 4. To do everything reasonably within his power, both independently and on request of any duly authorized representative of the United States, to pre- vent'and suppress fires on or near the lands to be occupied under the right- of-way, including marking available such construction and :maintenance forces as may be reasonably obtainable for the suppression of such fires. 5. To build and repair such roads, fences, and trails as may be destroyed or injured by construction work and to build and maintain necessary and suitable crossings for all roads and.t ails that intersect the works constructed, maintained, or operated -under the right-of-way. 6. To pay to the United States the full value for all damages to the lands or other property of the United States caused by him or by his employees, contractors, or employees of the contractors, and to indemnify the United States against any liability for damages to life, person or property arising from the occupancy or use of the lands under the right-of-way; except that where a right-of-way is granted hereunder to a State or other governmental agency whose power to assume liability by agreement is limited by law, such agency shall indemnify the United States as provided above to the extent that it may legally do so. 7. To notify promptly the United States representative in charge of the amount of merchantable timber, if any, which will be cut, removed, or destroyed in the construction and maintenance of the project, and to pay the United States through such.United States representative in advance of construction such sum of money as such United States representative may determine to be the full stumpage value of the timber to be so cut, removed, or destroyed. • • 8. To comply with such other specified conditions, within the scope of the applicable statute and lawful regulations thereunder, with respect to the occupancy and use of the lands as may be found by the agency having super- vision of the lands to be necessary as a condition to the approval of the right-of-way in order to render its'use compatible with the public interest. 9. That upon revocation or termination of the right-of-way, unless the require- ment is waived in writing, he shall, so far as it is reasonably possible to do so, restore the land to its original condition to the entire satis- faction of the United States representative in charge. 10. That he shall at all times keep the authorized officer of the Colorado State Office informed of his address, and, in case of corporation, of the address of its principal place of business and of the names and addresses of its principal officers. 11. That in the construction, operation, and maintenance of the project, he shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin and shall require an identical provision to be included. in all subcontracts. .12. That the allowance of the right-of-way shall be subject to the express condition that the exercise thereof will not unduly interfere with the management, administration, or disposal by the United States of the lands affected thereby, and that he agrees and consents to the occupancy and use by the United States, its grantees, permittees, or lessees of any part of the right-of-way not actually occupied or required by the project, or the full and safe utilization thereof, for necessary operations incident to such management, administration, or disposal. . 13. That the right-of-way herein granted shall be subject to the express covenant that it will be modified, adapted, or discontinued if found by the Secretary of theInterior to be necessary, without liability or expense to the United States, so as not to conflict with the use and occupancy of the land for any authorized works which may be hereafter constructed thereon under the authority of the United States. 2 • • C-25869 SPECIAL STIPULATIONS 1. The United States shall have unrestricted use of the road for all purposes deemed necessary or desirable in connection with the protection, administration, management and utilization of Federal lands or resources, and shall have the right alone to extend rights and privileges for use of the road to states and local subdivisions thereof, and to other users, including members of the public. 2. The grantee shall be responsible for prevention and control of soil erosion and gullying on lands covered by this grant, and adjacent thereto, resulting from construction or operation of the permitted use. He shall so maintain the road to avoid encroachment on streams. 3. The grantee is responsible for continuous inspection of improvements and area covered by this grant to assure that hazards are removed and that public safety, health and welfare are adequately protected. The grantee shall take corrective action as needed.