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County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Tuesday, the 5th day of July, A.D. 201 I, there were present:
John Martin , Commissioner Chairman
Mike Samson , Commissioner
Tom Jankovskv , Commissioner
Andrew Gorget/ County Attorney
Cary Gannon , Assistant County Attorney
Jean Alberico , Clerk of the board of County Commissioners
Fd Green {absent) , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2011- 4 4
A RESOLUTION CONCERNED W1T11 THE APPROVAL OFA LAND USE CHANGE
PERMIT, MIPA 6545, FOR EXTRACTION OF NATURAL RESOURCES (SAND &
GRAVEL) KNOWN AS TILE "CERISE MINE"
PARCEL. NO. 2393-253-00-158
Recitals
A. the Board of County Commissioners of Garfield County, Colorado, received an
application from Clifford Cerise Ranch Company, LLLP (the "Applicant') for a Land Use
Change Permit for Extraction of Natural Resources (Sand and Gravel) as shown in the Mining,
Reclamation, and Landscape Plans attached as Exhibit A.
B. The 65-48 acre site, depicted and described in Exhibits A, page 1 of 13, and B
respectively, is located at the northeast comer of State Highway 82 and Crystal Spring Creek
Road (County Road 103) and is approximately two (2) miles northeast of Carbondale, Colorado
in Section 25, Township 7 South, Range 88 Nest of the 6th PM, Garfield County and within
property owned by Clifford Ccrisc Ranch Company, LLLP.
C. The 65.48 acre site is described in the application documents and located within the
parcel described in the attached Exhibit C and incorporated by this reference.
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D. 7hc subject property is located within the Rural zone district and a Land Usc Change
Permit for Extraction L'f Natural Resources requires approval through a Major Impact Review
Process conducted by Garfield County.
E. The Board of County Commissioners is authorized to approve, approve with
conditions, or dcny a Land Usc Change Permit for "Extraction of Natural Resources" pursuant to
Sections 1-301 and 4-106 of the Garfield County Unified Land Use Resolution of 2008, as
amended.
F. The Garfield County Planning Commission opened a public hearing on April 13, 2011
upon the question of whether the Land Use Change Permit application for Extraction of Natural
Resources should be approved, approved with conditions, or denied, during which hearing the
public and interested persons were given the opportunity to express their opinions regarding thc
application.
G. The Garfield County Planning Commission closed the public hearing on April 13,
2011 and forwarded a recommendation of approval with conditions to the Board of County
Commissioners.
H. On May 31, 2011 a site visit was conducted to review the proposed mining operation.
This public meeting was attended by Garfield County Staff, Board of County Commissioners,
and members of the public.
I. The Board of County Commissioners opened a public hearing on thc June l3, 2011
upon the question of whether the Land Use Change Permit application for Extraction of Natural
Resources should be approved, approved with conditions, or denied, during which hearing the
public and interested persons were given thc opportunity to express their opinions regarding the
application.
J. The Board of County Commissioners continued the public hearing on -June 13, 2011 to
July 5, 2011 to allow County Staff to research five (5) topics including: 1) Noise Standards; 2)
Air Quality Standards; 3) Cumulative Impact Requirements; 4) Blue Pit Conditions of Approval;
and 5) the number of existing permanent and temporary asphalt batch plants in Garfield County.
K. On July 5, 2011, the Doan] of County Commissioners opened the continued public
hearing to hear the requested information from Garfield County Staff and determine whether the
Extraction of Natural Resources Application should be approved, approved with conditions, or
denied at which hearing the public and interested persons were given the opportunity to express
their opinions regarding the issuance of said Application;
L. The Board of County Commissioners closed the public hearing on July 5, 2011 to
make a final decision.
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M. The Board of County Commissioners on the basis of substantial competent evidence
produced at the aforementioned hearing, has made the following determinations of fact:
1. That thc proper public notice was provided as required for the hearings before the
Planning Commission and Board of County Commissioners.
2. That the hearings before the Planning Commission and Board of County Commissioncrs
were extensive and complete, that all pertinent facts, matters and issucs were submitted
or could be submitted and that all interested parties were heard at those meetings.
3. The proposed use is in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. That the application, if all conditions arc met, can be in conformance with thc applicable
Sections of the Garfield County Unified Land Use Resolution of 2008, as amended.
5. the 3:1 slopes are an appropriate deviation as per Section 7-840 (l0(00)(3) of the
Unified Land Use Resolution of 2008, as amended.
6. 'The modification of Dryland Vegetation standards arc an appmpriatc deviation as per
Section 7-840 (li)(2)(b)(lxa) of the Unified Land Use Resolution of 2008, as amended,
and that the modifications blend with the surrounding arca and provide for future re -use
of the site.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of' County Commissioners of Garfield
County, Colorado, that:
That all representations made by the Applicant in the application, and at the public hearing
before the Planning Commission, shall be conditions of approval, unless specifically altered
by the Board of County Commissioners.
2. That the operation of the facility be done in accordance with all applicable Federal, State, and
local regulations governing thc operation ot'this type of facility.
3. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially
interfere with the existing use of adjoining property or which constitutes a public nuisance or
hazard.
4. All equipment and structures associated with this permit shall be painted with non -reflective
paint in neutral colors to reduce glare and mitigate any visual impacts.
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5. All lighting associated with thc property shall be directed inward and downward towards the
interior of the property.
6. The Applicant shall install all signage as specified in Gene Coppola's Traffic Study
including: 1) stop sign (111-1) placed on the access road approach to County Road 103; and
2) two truck warning signs (W8-6) on the County Road 103 approach to the site access road.
The Applicant shall also install 10 mile per hour speed limit signs on the access road and the
haul roads within the site.
7. All vehicles using Courtly Road 103 t0 access the Cerise Mine shall abide by Garfield
County's oversize/overweight system. All vehicles requiring oversize/overweight permits
shall be obtained from the Garfield County Road and Bridge Department.
8. Prior to the issuance of Land Use Change Permit, the Applicant shall obtain a Driveway
Acccss Permit from thc Garfield County Road and Bridge Department. A copy of this permit
shall be submitted to the Garfield County Planning Department.
9. Prior to thc issuance of a Land Use Change Permit, thc Applicant shall conduct a
geotechnical investigation of County Road 103 and based on this analysis, provide a
pavement section design to the Garfield County Planning Department for review. The
portion of County Road 103 that is to be analyzed commences 200 feet north of the Cerise
Mine's access road to Stale Highway 82 and this portion of road shall be reconstructed 10 the
proposcd engineered design.
10. Prior to the issuance of a Land Use Change Permit, the Applicant shall enter into an
agreement with the County pursuant to the Garfield County Road and Right -of -Way Use
Regulations regarding the improvement of County Road 103.
11. Prior to the issuance of a Land Use Change Permit, the Applicant shall obtain the appropriate
State Highway Access Permit from Colorado Department of Transportation. All conditions
of the access permit shall be conditions of this permit.
12. Prior to the issuance of a Land Usc Change Permit, the Applicant shall provide Garfield
County Planning Department with an ADEN Permit from Colorado Department of Public
I Icalth and Environment for thc entire mining site.
13. The reclamation plan of the site shall include using hydro -seeding with hydro -mulching and
tack'frcr for all slopes greater than 5:1 as required by Section 7-840 of the Unified Land Use
Resolution of 2008, as amended.
14. The gravel pit shall be allowed to operate Monday through Saturday from 7:00 a.m. to 8:00
p.m. with crushing, digging and heavy hauling only occurring between 7:00 a.m. to 5:00 p.m.
Monday through Friday; heavy hauling from 7:00 a.m. to 5:00 p.m. on Saturday; and
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crushing and digging from 8:00 a.m. to 5:00 p.m. on Saturday. There shall be no operations
on Sunday except in the case of an emergency or for standard maintenance purposes.
15. All noise generated from the operation shall not exceed the maximum permissible limits set
forth in C.R.S. § 25-12-103, except that noise shall not exceed 80 d13(A) during construction.
The adjacent land uses for purposes of determining the maximum permissible noise levels
that may radiate from the site depicted in Exhibit A, page 1 of 13, are measured 25 feet from
the site boundary. The adjacent land uses to the subject site arc: residential to the north;
industrial to the east and west; and, light industrial to the south as shown in Exhibit D.
16. The Applicant shall implement the following noise mitigation standards:
A. "Ile two berms shown on the "Mining Sheets" must be constructed early in the project.
The northern berm must be approximately 50 feet tall and the western berm is
approximately 17 feet tall;
13. While constructing these berms, earth moving equipment such as scrappers cannot
operate for more Ihan 15 minutes in any one hour while within approximately 100 feet of
the permit boundary;
C. Mace a silencer on the dust collector blower that is situated on top of the concrete batch
plant (or build a sound absorbing barrier around it);
D. Equip the electrical generators (gen-sets) with commercial grade silencers or better (at
least 20 dB(A) of insertion Toss);
1r. Use while noisc back up alarms on all Lafarge mobile equipment. Backing up by
contractor vehicles not outfitted with these alarms should be minimized;
F. Conduct all construction activities during the daytime (7:00 am to 5:00 pm); and,
G. Conduct all noise -producing activities associated with operations during the daytime
(7:00 am to 5:00 pm).
17. Garfield County can request a site inspection with 24 hour's notice to the operator or
property owner. Full access to any part of the site will be granted. On request, all paperwork
must be shown.
18. A full list of all other permits shall be provided to Garfield County within 24 hours of its
request. Any person at any time can call the following agencies directly and request an
inspection if he or she believes a condition of that agency's permit is being violated.
A. Colorado Department of Public Health - Air Quality Control 303-692-3150
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R. Colorado Department of Public Health - Water Quality Control 303-692-3500
C. US Army Corps of Engineers 970-243-1199
D. Division of Reclamation, Mining and Safety 303-866-3567
E. Colorado Department or fransportation, Grand Junction office 970-248-7000
19. The property owncr and operator acknowledge that Garfield County has the following
performance standards, and failure to comply with such standards could lead to revocation of
the Land Use Change Permit:
A. All fabrication, service and repair operations shall be conducted within an enclosed
building or obscured by a fence, natural topography or landscaping;
13. All operations involving loading and unloading of vehicles shall be conducted on private
property and shall not be conducted on a public right-of-way;
C. All industrial wastes shall be disposed of in a manner consistent with statutes and
requirements of Colorado Department of Public 1lcalth and Environment;
I). Every use shall bc operated so that the ground vibration inherently and recurrently
generated is not perceptible without instruments at any point of any boundary line of the
property; and,
E. Every use shall be operated so that it docs not emit, heat, glare, radiation, dust, or fumes
which substantially interfere with the existing use of adjoining property or which
constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal and
reflective painting of storage tanks, or other legal requirements for safety or air pollution
control measures shall be exempted from this provision.
20. The Garfield County Planning Department shall be invited to any bond release inspection of
the State Division of Reclamation, Mining and Safety. The County will have the opportunity
to demonstrate that any item of the permit has not been complied with and that bond should
not be released.
21. The reclamation bond that shall be held by the State Division of Reclamation, Mining and
Safety shall be for the reclamation plan approved by the Board of County Commissioners.
No Land Usc Change Permit shall bc issued until proof of the bond is in place.
22. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide a cost
estimate for the irrigation system to the Garfield County Planning Department for review.
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The State Division of Reclamation, Mining and Safety financial security bond shall be
updated to reflect this cost and a copy of the revised bond submitted to the Garfield County
Planning Department.
23. All of the conditions of the Garfield County permit and the State Division of Reclamation,
Mining and Safety arc binding. The Slate Division of Reclamation, Mining and Safety can
withhold thc reclamation bond if the final reclamation is not executed according to the plans.
24. The Applicant shall be required to submit a report annually of the gravel operation for
Garfield County Planning Staff review, until such time as thc release of the reclamation
bond. Upon review of any deficiencies pursuant to conditions of approval or other local,
state, or federal permits, Staff may forward thc report to the Board of County Commissioners
for full review of the Major Impact Review Permit This report shall include GPS
measurements shown an a map showing the current disturbance, what areas have been
backfilled, where topsoil stockpiles are located, all site structures, what areas have been
seeded, mulched and what is planned for the ensuing 12 months. This map shall be overlain
on the approved site plan which includes the approved phasing area locations, and mine
permit boundary. Copies of annual reports required by and submitted to other agencies will
be attached to the annual report submitted to the Garfield County Planning Department,
25. The Applicant shall provide a cnpy of the applicable 404 permit to thc Garfield County
Planning Department prior to the issuance of a land Use Change Pcrmit.
26. The Applicant shall meet all applicable Colorado Department of Public I Icalth regulations
for a non -transient, non -community water system when the number of individuals using the
potable water well is more than 24.
27. Prior to the issuance of a Land Use Change Permit, the Applicant shall submit copies of all
equipment relocation notices to the Garfield County Planning Department.
28. Prior lo thc issuance of a Land Use Change Permit, the Applicant shall provide the Garfield
County Planning Department a will serve letter from Qwest.
29. Prior to the issuance of a Land Use Change Permit an Emergency Preparedness Plan shall be
submitted to the Garfield County Planning Department for review.
30. Prior to the issuance of a Land Use Change Permit, the Applicant shall submit to the Garfield
Planning Department a final Stormwater Management Plan.
31. Prior to the issuance of a Land Use Change Permit, the Applicant shall drill the two
permanent permitted wells (Permit Numbers 74795-F and 74796-F) and provide the results
demonstrating quantity and quality of both wells to the Garfield County Planning Department
for their review.
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32. After drilling the permanent water wells as described in Condition 31, the watcr system
design for the office/scale house shall be evaluated and any modifications to the proposed
design shall be submitted to the Garfield County Planning Departrnent for review. This task
shall occur prior to the issuance of Land Use Change Permit.
33. Prior to the issuance of a Land Use Change Permit, the Applicant shall have the two wells
installed as Monitoring Hole Notice 40396 (PW -i and TW -2) permitted as monitoring wells,
and provide Garfield County Planning Department with the new permits.
34. Thc Applicant shall contact Bill Blakeslee, Water Commissioner, when development of the
Cerise Mine impacts Crystal Spring Creek.
35. The sitc shall have wildlife proof dumpstcrs.
36. Thc Applicant shall implement the following Best Management Practices to ensure air
quality impacts arc minimized.
A. Exposed areas will be vegetated or stabilized to limit wind erosion;
B. Frequent watering by water trucks of gravel as it is removed and transported;
C. Use of a conveyor system rather than trucks to transport the material on-site;
D. Install, operate, and maintain water spray bars within the conveyor system and all
crushing and screening equipment;
E. Limit drop heights of gravel for conveyor loading, transfer points, screening, and
crushing;
F. Limit onsite vehicle speeds to 10 mph;
G. Treat frequently travelled on-site roadways with stabilizers or suppressants and watering
to minimize re -entrainment of dust from road surfaces, and pave the entrance road to the
weigh station;
11. Minimize dust from loaded haul trucks by covering and/or watering material as
necessary; and,
1. Construction of berms and/or mine wells to serve as wind breaks.
37. All trucks operating in the gravel mining operation (including third -party trucks not operated
by the property owner or operator, shall be subject to the following:
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A. All trucks shall have and maintain stock muffler systems that arc performing to original
manufacturer's specifications. This can be determined and verified by simple visual and
auditory inspection (lithe truck;
B. All trucks ascending or descending the haul routc shall not exceed speeds of 10 mph;
C. MI trucks descending the access road on-site and County Road 103 approaching State
1Iighway 82 shall not use engine Jake Brakes to decelerate;
D. All truck drivers, independent or employed by the Applicant shall be briefed on the
conditions above and shall agree to operate within the requirements of these stipulations;
and,
E. 'fhe Applicant shall set up a series of progressive consequences for drivers that fail to
comply with the above conditions; after three violations any trucker shall be prohibited
from entering the pit for a time period of not Icss than one year.
38. The mining of the Cerise Mine shall not start until the Powers Pit has been closed.
39. An asphalt hatch plant shall not be allowed within the property unless approved by Garfield
County pursuant to an application for "substantial modification" of the Land Use Change
Permit as that process is defined by the Garfield County Unified Land Use Resolution of
2008, as amended. or pursuant to a separate application for a Land Use Change Permit.
Dated this I $ e day of S - A.D. 20_
ATTEST:
GARFIELD COUNTY BOARD OF
COUNTY COMMISSIONERS,
ARFIEL'L1 NTY, COLORADO
Cork of the Board of County Co'yp__ airman
Upon motion duly made and seconded the fort Ding R ion was ad .ted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
Aye
, Aye
, Aye
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County of Garfield )
, County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office_
IN WIINESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D.20�
County Clerk and ex -officio Clerk oldie Board of County Commissioners
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Exhibit B
Legal Description of Subject Site
THAT PORTION OF TIIE WEST !MU' OF SECTION 25 AND THAT PORTION OF THE
EAST I IALF OF SECTION 26, TOWNSIIIP 7 SOUTH, RANGE 88 WEST OF THE 6TH
PRINCIPAL MERIDIAN, GARFIELD COUNTY, STATE OF COLORADO, BEING MORE
PARTICULRLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: SO4°09'58"W, ALONG A LINE BETWEEN THE EAST QUARTER
CORNER OF SAID SECTION 26 AND THE W r NLSS CORNER FOR THE SOUTI IW EST
CORNER. OF SAID SECTION 25 AS SHOWN ON THE ALTA/ACSM LAND TITLE
SURVEY PREPARED BY D H SURVEYS, INC. OF GRAND JUNCTION, COLORADO,
JOB No. 1 i 94-10-01, DATED MAY 2010.
COMMENCING AT TI -IE EAST QUARTER CORNER OF SAID SECTION 26;
TIIENCE SO4°09'58"W, ALONG SAID BASIS OF BEARING LINE, A DISTANCE OF
343.70 FEET TO TIIE POINT OF BEGINNING;
THENCE S78°36'47"W, A DISTANCE OF 386.66 FEET;
TIIENCE S63°10'09"W, A DISTANCE OF 149.12 FEET;
'THENCE N89°05'31 "W, A DISTANCE OF 95.62 FEET;
TIIENCE N57° 10'32"W, A DISTANCE OF 306.27 FEET;
THENCE N48°43'19"W, A DISTANCE OF 79.01 FEET;
111ENCE S46°48'15"W, A DISTANCE OF 251.17 FEET;
THENCE S48°43'19" E, A DISTANCE OF 27134 FEET;
TI IENCE S 16°20'52"W, A DISTANCE OF 17.06 FEET;
T}IENCE S42°43'54"W, A DISTANCE OF 78.77 FEET;
THENCE S8l°23'50"W, A DISTANCE OF 30.14 FEET;
THENCE N89°01'12"W, A DISTANCE OF 71.27 FEET;
THENCE S89°42'11"W, A DISTANCE OF 56.56 FEET;
TIIENCE S35°42'10"W, A DISTANCE OF 51.95 FEET;
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IT IENCE S33°4613'
THENCE S12°52150"
TIIENCE S14°30'48'
THENCE SI19123'
THENCE SI I°2651"
TIIENCE S16°4954"
THENCE S20°0418'
THENCE S32018'15'
THENCE S40°23`33"
THENCE S48°43'46"
THENCE S55°3611"
THENCE S66°3254"
THENCE S67°14'40"
THENCE S54°25'07"
THENCE S49°2356"
THENCE S26°3550"
THENCE S29'0731"
THENCE S25°3413"
TIIENCE S68°3215"
THENCE S69°22'36"
THENCE S82°52'23'
THENCE N79°2359
'W, A DISTANCE OF 6658 FEET;
'W, A DISTANCE OF 29.27 FEET;
W, A DISTANCE OF 23.42 FEET;
'W, A DISTANCE OF 49.93 FEET;
'W, A DISTANCE OF 34.80 FEET;
W, A DISTANCE OF 14.45 FEET;
W, A DISTANCE OF 53.94 FEET;
'W, A DISTANCE OF 42.81 FEET;
'W, A DISTANCE OF 17.46 FEET;
W, A DISTANCE OF 30.04 FEET;
W, A DISTANCE OF 49.00 FEET;
W, A DISTANCE OF 38.82 FEET
W, A DISTANCE OF 56.96 FEET;
W, A DISTANCE OF 43.60 FEET;
W, A DISTANCE OF 79.11 FEET;
W, A D15TANCE OF 25.08 FEET;
W, A DISTANCE OF 199.91 FEET;
W, A DISTANCE OF 150.07 FEET;
W, A DISTANCE OF 40,88 FEET;
E, A DISTANCE OF 196.06 FEET;
E, A DISTANCE OF 117.78 FEET;
'E, A DISTANCE OF 13.86 FEET;
"E, A DISTANCE OF 19.36 FEET;
Page 2 of3
1111 11111
Recepllon1' 806558
00ilc/20'I 09.35 10 PM Jean Albedo.
2n of 20 R. Fee 10 CO Ooo r.. 0 02 c00F16Lp COUNTY CO
THENCE N76'24'30"E, A DISTANCE OF 55.66 FEET;
TI ILNCE N.71' 05'42"E, A DISTANCE OF 52.41 FEET;
THENCE. N63"54'55"E, A DISTANCE OF 29.65 FEET;
TI IENCE N47-36'1 I "E, A DISTANCE OF 46.23 FEET;
THENCE N35431I "E, A DISTANCE OF 74.82 FEET;
THFNCEN36°5754'E, A DISTANCE OF 45.73 FEET;
ITIENCE N80'27'40"E, A DISTANCE OF 128,18 FEET;
TFIFNCE S 14°20'39"W, A DISTANCE OF 353.33 FEET;
TI IENCF S76`26'09"E, A DISTANCE OF I55.94 FEET;
THENCE N80°05 55"E, A DISTANCE OF 11220 FEET;
THENCE S77'494l"E, A DISTANCE OF 687.90 FEET;
THENCE S80°31'31 "E, A DISTANCE OF 682.89 FEET;
1'FIENCE N09`52'08"E, A DISTANCE OF 9,94 FEET;
I FIENCE S80'30'49"E, A DISTANCE OF 8.52 FEET;
THENCE N00"07'26"E, A DISTANCE OF 1900.02 FECT;
THENCE S74'14'09"W, A DISTANCE OF 529.50 FEET TO THE POINT OF BEGINNING;
CONTAINING 2,852,372 SQUARE FEET, OR 65.48 ACRES, MORE OR LESS.
PREPARED FOR AND ON BEHALF OF LAFARGE WEST, INC.
TIMOTHY W. KURTZ
Page 3 of 3
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Exhibit C
Legal Description for Subject Parcel — 97.81 AC
11 IAT PORTION OF LOT 13 LYING NORTH OF STATE HIGHWAY NO. 82 IN SECTION 25, TOWNSI III' 7 SOUTH,
RANGE 18 WEST, 6" PM.
LESS AND EXCEPT THAT PORTION OF LAND CLAIMED BY THE DEPARTMENT OF TRANSPORTATION,
STATE OF COLORADO BY RULE AND ORDER RECORDED AUGUST 5, 1993 IN BOOK 871 AT PAGE 404 AS
RECEPTION NO. 450847.
LOTS 4 AND 121N SECTION 25, TOWNSIRP 7 SOUTII, RANGE 88 WEST, 6"R PAL TOGETHER WITH ALL TI IAT
CERTAIN PROPERTY LYING SOUTH OF A LINE SITUATED IN SECTION 25, TOWNSHIP 7 SOIJTI L RANGE 88
WEST AS MORE FULLY DESCRIBED IN DEEDS AND AGREEMENT RECORDED AUGUST 27, 1992 IN BOOK 840
AT PAGE 330 AS RECEPTION NO. 438400.
LESS AND EXCEPT ALL TIIAT CERTAIN PROPERTY LYING NORTH OF A LINE SITUATED IN SECTION 25,
TOWNSHIP 7 SOUTH, RANGE 88 WEST AS MORE FULLY DESCRIBED IN DEEDS AND AGREEMENT
RECORDED AUGUST 27, 1992 IN BOOK 840 AT PAGE 330 AS RECEPTION NO. 438400.
LESS AND EXCEPT ANY PORTION OF THE SUBJECT PROPERTY WIIICII LIES WITHIN TILE RIGHT-OF-WAY
FOR COUNTY ROAD 104.
LESS AND EXCEPT THAT PORTION OF LAND CLAIMED BY 111E DEPARTMENT OF TRANSPORTATION,
STATE OF COLORADO BY RULE AND ORDER RECORDED AUGUST 5, 1993 IN BOOK 871 AT PAGE 404 AS
RECEPTION NO. 450847.
LOTS 7, 8,9 AND 101N SECTION 26, TOWNSHIP 7 SOUTI I, RANGE 88 WEST, 6111 P.M.
LESS AND EXCEPT A TRACT OF LAND CONVEYED 10 DAVID S. JAMES BY DEED DATED NOVEMBER 5,
1907 RECORDED AS DOCUMENT NO. 37532 IN BOOK 79 AT PAGE 95 OF THE GAREIELD COUNTY RECORDS,
LESS AND EXCEPT A TRACT OF LAND CONVEYED TO ANTHONY PINGS BY DEED DATED FEBRUARY 3,
1917 RECORDED AS DOCUMENT NO. 57960 IN BOOK 100 AT PAGE 608 OF THE GARFIELD COUNTY
RECORDS.
LESS AND EXCEPT A TRACT OF LAND CONVEYED TO 111E BAILEY FAM11.Y INVESTMENT COMPANY,
L.L.L.P. BY DEED DATED JULY 29, 1997 RECORDED AUGUST6, 1997 AS RECEPTION NO. 511996.
LESS AND EXCEPT A TRACT OF LAND CONVEYED TO STATE DEPARTMENT OF HIGHWAYS, DIVISION OF
IBGHWAYS, STATE OF COLORADO DY DEED RECORDED FEBRUARY 7, 1974 1N BOOK 455 AT PAGE 451 AS
RECEPTION NO. 261734.
LESS AND EXCEPT 111E TRACTS OF LAND CONVEYED TO THE DEPARTMENT OF HIGIIWAYS, STATE OF
COLORADO, RECORDED JUNE 14,19731N BOOK 446 AT PAGE 8 AS RECEPTION NO. 258755.
LESS AM) EXCEPT ANY PORTION OF THE SUBJECT PROPERTY WHICH LIES WITHIN THE RIGHT-OF-WAY
FOR COUNTY ROAD 103.
LESS AND EXCEPT THAT PORTION OF LAND CLAIMED BY THE DEPARTMENT OF TRANSPORTATION,
STATE OF COLORADO BY RULE AND ORDER RECORDED AUGUST 5, 1993 1N BOOK 871 AT PAGE 404 AS
RECEPTION NO.450847.
AIX i of I
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