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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.oarfield-county.com VACATING PUBLIC ROADS & RIGHTS-OF-WAY GENERAL INFORMATION (To be completed by the applicant.) Street Address / General Location of Property: 1691 County Road 300, Parachute, CO 81635. Legal Description: Schedule #470129/Parcel No. 2409-351-00-136; Township 7 South, Range 96 West, Section 35: NE1, E1/2NW4 except B.994, P.599; Section NE 4SW-4, NiSh4. General description of Road/R.O.W. Vacation Requested: Vacate County Road 304 from its intersection with County Road 300 to its termination on applicants' property. i Name of Property Owner (Applicant): Larry A. Klebold and Karen K. Klebold . Address: 301 Himalaya Avenue Telephone: 303-466-0790 City: Broomfield State: co Zip Code: 80020 FAX: 303-465-0188 Name of Owner's Representative, if any (Attorney, Planner, etc): John W. Savage, John W. Savage, P.C. Address: 201 Railroad Avenue Post Office Box 1926 Telephone: 970-625-1470 . City: Rifle State: C0 Zip Code: 81650 FAX: 970-625-080 Email: savagejw@msn.com STAFF USE ONLY Doc. No.: Date Submitted: TC Date: Planner: Hearing Date: GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: Larry A. Klebold and Karen K. Klebold 1. APPLICANT has submitted to COUNTY an application for Vacating County Road 304 (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision Of land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting brvice determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT , 01, Signature Larry A. Klebold Signature Karen K. Klebold Date: ��/ ��" Date: 4(/010(c) Print Name Larry A. Klebold Karen K. Klebold Mailing Address: 301 Himalaya Avenue Broomfield, CO 80020 a_oi2004 Print Name Page 4 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO APPLICATION TO VACATE COUNTY ROAD 304 also known as Richardson Road APPLICANTS: Larry A. Klebold and Karen K. Klebold LOCATION: T. 7 S., R. 96 W., 6th P.M.: Sec. 35: NE1/4, E1/2NW1/4 STREET ADDRESS: 1691 CR 300, Parachute, CO 81635 Pursuant to C.R.S. (1973) Section 43-2-303(1)(b) as amended, the Applicants respectfully apply to the Board of County Commissioners of Garfield County, Colorado, to vacate County Road 304 from its intersection with Applicants' west boundary line (East Line SW1/4NW1/4 of Sec. 35, T. 7 S., R. 95 W., 6th P.M.) to its point of termination on lands owned by Applicants for the reasons stated herein. SUMMARY: The Klebolds request that County Road 304 be vacated from its intersection with their west property line to its end on their property. CR 304 services only the Klebold and Throm properties and does not provide access to any public lands. SUBMITTAL REQUIREMENTS: 1. VICINITY MAP: A. Location of Adjacent Properties and any structures within 200 feet of the boundaries of the vacation, including any publicly owned land. Vicinity Map (USGS Quad Excerpt County Tax Map Excerpt showing public lands. CR 304 does not provide any access to public lands. The isolated tract of public land that adjoins the Klebold property on the northeasterly side is a steep cedar hillside on the north side of Pete and Bill, totally inaccessible from CR 304 or any recent extension of it. B. Land uses for those adjacent properties. Adjoining properties are all rural ag/residential (ARD) C. Location of all existing utilities in or adjacent to the proposed vacation. Land Survey Plat: Shows Holy Cross electric line ("overhead utilities") There is a Qwest phone line adjacent to the road right of way to the Throm residence. D. Existing road rights-of-way within a 200 feet radius of any proposed vacation. Exhibit "A" Const. Surveys: Shows CR 300 and portion of CR 304 that will not be vacated. C:\Documents and SettingsUohn Savage\My Documents \ CLIENTS \Klebold\CR 304\ Application to Vacate CR 304.doc; created: 4/6/2006 2:10:00 PM; printed: 6/27/2007 5:05:00 PM E. A survey and map containing a legal description and graphic depiction of the proposed vacation suitable to be recorded in the Office of the County Clerk and Recorder. Construction Surveys "Existing Road" Plat: No actual physical description of CR 304 exists, route varies in the historical documents, and the present roads on the property do not necessarily indicate the actual location of the public right of way. Given this lack of an actual description, an actual survey of the right of way to be vacated is not feasible. Applicants request that the vacation be accomplished by recording of a BOCC Resolution vacating CR 304 at an unspecified location, easterly and southerly of Applicants' westerly boundary line. 2. ADDITIONAL MATERIALS: All additional material necessary to adequately review the application as determined by the Building and Planning Director within fifteen (15) working days following submittal. A. Applicants request that the materials presented to the County in 2005 regarding this matter be incorporated in this application: • Commissioners by April 15, 2005 letter to Garfield County IT Department and exhibits identified therein (B -J); • Exhibits and testimony presented at Board of County Commissioners meeting on July 5, 2005; and • Minutes of Commissioners action at said meeting. B. The Throm property (Ms. Kelbold and Donnie Throm are siblings) has access to CR 300 and has also been granted a private easement over the existing road, if the request to vacate is granted. A copy of this Easement Grant is attached. 2. DESCRIPTION OF CURRENT STATUS OF ROAD: Description of the current condition of the road or right-of-way: The road is currently in good condition, consisting of a gravel and native soil surface maintained by Klebold and Throm and several oil and gas production companies operating in the area. Traffic analysis of current uses: Use of the road by Applicants and Throws for access to their residences (Kelbolds' residence is under construction) and ranches consists of a maximum of several passenger and service vehicle trips a day. The road is also used by several oil and gas operators in the area with in excess of 100 trips be day by gas field drilling and service vehicles. Copies of Road Use Agreements are attached. Description of any gates placed upon the road or right-of-way: There is a gate on CR 304 at CR 300, currently manned by a security guard to limit access to use of the road to authorized persons only. Description of the current and historic uses of the roadway: Current uses are described C:\Documents and Settings\ohn Savage\My Documents\CLIENTS\Klebold\CR 304\Application to Vacate CR 304.doc; Page 2 of 5 Revised: 6272007 5:05 PM; Printed: 6272007 5:05 PM above. Historically, the road served as the private driveway to the private residences and ranches now owned by Klebolds and Throms. It appears that prior to the acquisition of the property by Claude and Nellie Hayward shortly after WWII, there was more than one owner if the area served by the road. Since the late 40's ownership of the property, now owned by Applicants, has been in one owner. Applicants have recently granted temporary right of ways to several oil and gas operators to construct and use a new road from Applicants property easterly into Pete and Bill, Dry Creek, The High Mesas, and Monument Gulch Area. This access route provides access to a large area without use of Battlement Mesa PUD roads. Before this new road was constructed, there was only a minimal track to the east which provided the Applicants and their predecessors access to irrigation ditches and headgates in Pete and Bill and Dry Creek. No other persons ever had any right to use of this route. Position of the applicant concerning continued use of the road way for non -motorized public use: Because the road ends on Applicants' private property they are not willing to consider any future use of the Road by the public. The public, in any case would not have any right to use of the road to the east constructed by oil and gas operators, all of which is on private lands owned by others. 4. UTILITIES: A letter from any involved utility company stating the company's position on the proposed vacation: a. Qwest: Telephone line to Throm and Applicant residences follows the existing road. Attached is a letter signed by Qwest and draft Easement Agreement that will be executed and recorded when CR 304 is vacated. b. Holy Cross Electric has utility lines in the area servicing the Throm residence and future Klebold residence, but not along the road to be vacated. Applicants have agreed to grant Holy Cross an Easement for access to their existing utility lines. Letter and draft easement attached 5. FIRE DISTRICT: A letter from any affected fire district stating that district's position on the need for maintaining the right-of-way for emergency use. Letter from Grand Valley Fire Protection District attached. Applicants are willing to comply with the conditions requested by the Fire District. 6. CURRENT LEGAL STATUS OF ROAD: Portions of the Road, in various configurations, see Exhibits to 4/15/05 letter and subsequent BOCC meeting, have depicted the Road as a county road. Applicant has not found any conveyance or Road Viewers Report regarding CR 304. Based on the long history of its depiction on County Maps as a county road, for the purposes of this application only, Applicants concede that some portion or portions of the existing physical road(s) on their property are public rights of way. C:\Doeuments and Settings\John Savage\My Documents\CLIENTS\Klebold\CR 304\Application to Vacate CR 304.doc; Page 3 of 5 Revised: 6/27/2007 5:05 PM; Printed: 6/27/2007 5:05 PM 7. TITLE OPINION: A title opinion from an attorney or title company stating the basis (deed, dedication, prescription, etc.) for the interest in the public or county. Opinion letter attached. 8: PUBLIC LANDS ACCESS: CR 304, as depicted on multiple County Road Maps, ended on private lands now owned by applicants and does not provide any access to public lands. 1. NAMES AND ADDRESSES: Names and addresses of all property owners adjacent to that portion of the right-of-way proposed for vacation, including any public land owners. Applicants Donald R. Throm, 1689 CR 300, Parachute, CO 81635-9428 C:\Documents and SeuingsVohn Savage\My Documents \CLIENTS\Klebold\CR 304\Application to Vacate CR 304.doc; Page 4 of 5 Revised: 6/27/2007 5:05 PM; Printed: 6/27/2007 5:05 PM Road. All County Road maps and road reports submitted to the State of Colorado which require prior approval by the Board of County Commissioners shall indicate all roads and rights-of-way deleted from the County Road system in the previous calendar year. C. County Surveyor. All plats submitted to the Clerk and Recorder indicating a vacation of a county or public road right-of-way shall be submitted to and approved by the County Surveyor. 10. PROHIBITED VACATIONS. A. The Board of County Commissioners shall not approve any petition or request to vacate a county or public road right-of-way when the following information has been submitted to the BOCC: 1. The subject county road or public road right-of-way provides any access to public lands (for the purpose of this subsection public lands shall mean any property owned by the federal government or the State of Colorado). 2. The subject county road or public road right-of-way abuts or is connected to any property, including any easement owned by the federal government, State of Colorado, municipality, county, or special district, where such property or easement constitutes a public park, recreational area or trail. 3. The subject county road or public road right-of-way is currently used or will be used in the foreseeable future for any county or public road purpose. The term "County or public road purpose" includes, but is not limited to, motor vehicle use, pedestrian use, equestrian use, bicycle traffic, stock drive, or placement of utilities. The term "foreseeable use" shall include a use projected or planned to occur within the next twenty years as such has been included in any adopted state, county, federal, municipal or special district facilities plan, comprehensive plan, zoning plan, recreation plan, street plan, or similar document for development objectives for that entity. This provision shall apply only if documentation of the current or foreseeable use is presented at the time of public consideration of the proposed vacating resolution. B. The provisions of this section shall not be deemed to preclude the BOCC's denial of a petition or application to vacate a county or public road right-of-way for other reasons. I have read the statements above and have provided the required attached information which is correct d accur to to the best,of my knowledge. (Signature of app can/owner) Larry A: Klebold and Last Revised: 9/10/2004 Karen K. Klebold 7 Z �t 600' LECE10 9 a CRPRIC SCALE FOU) ELM ALLOY CAP F011M USER ALLOY CAP 60)1 ALLOY CAP N 2 PFC. L5.12770 F0IM /5 RiBAR Ab ALLOY CPP, PE -1_5 5933 601) 3 1/4' ALLOY CAP, L59596 FCU) 151i0AR AM CAP, L.5 9595 SET /6 FEW A1U ALLOY CAP, LS 27266 SET /5 REBAR AT0 CAP, L.S. 27266 1/16 CORNER SECTIONS 25 S. 26 5 01'14'15' W N. 5 89'37'30' E NOTES'. 11 664818G5 ARE BASED UPON THE NORTH LINE OF THE NE I/4 OF SECTION 35. FOUND USSR ALLOY CAP AT THE CORNER FOR SECTIONS 25. 26. 35. & 36. AND AN ALLOY CAP IN 2' PIPE IL. S.127701 AT THE I/4 CORNER FOR SECTIONS 26 6 35 THE VALUE 0560, N 89'58'00' W. 15 GIVEN FOR THIS LINE ON A DEPENDANT RESURVEY OF PORTIONS OF T 7 5. R 96 W. 6,6 P 11.. PERFORMED BY THE BLM AND ACCEPTED 9-2187. 21 ION THE ABOVE MENTIONED RESURVEY. THE BLM INDICATES SETTING THE C -W 11/16 CORNER OF SECTION 36. I FOUND A 40d NAIL AT THE POSITION GIVEN FOR TH15 CORNER ALONGSIDE A STONE 11011ND. THIS NAIL 15 ACCEPTED. A5 ' THE POINT SET 8Y THE BLM AND 1 HAVE REPLACED THE NAIL WITH A •6 REBAR AND 3' ALLOY CAP. 31 THE LOCATIONS OF PETE AND BILL CREEK AND POODLE CREEK WERE DERIVED FROM USGS MAPS AND ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY. SECTION 25 SEC PON 36 CORNER SECTIONS 25, 26 1291.50 5 0 '14'33' E SECTION 26 WIRE FENCE 5E 1/4 5E 1/4 0 PRO°OSED HOOoE leg 5W 1/4 5E1/4DT a ,n (PIES PARCEL 1 161.48 ACRES ` C -S 1/I6 CORNER SECTION 26 WIRE FENCE 5E 1/4 5W 1/4 SECTION 35 6 36 C -W 1/16 CORNER 5 00'00'52' W WIRE FENCE EXISTING ROAD 1/4 CORNER SECTIONS 35 6 36 thCrl: r'el VAT' Lea' 2 APPROXIMATE CENTERLINE PE88 AND BILL CREEK 7 2686.37' E - I/4 CORNER SECTIONS T2, 26 6 35 7.1 OVERHEAD UTILIIIES J a. mI mI PARACHUTE-UNA ROAD 11313.13' N 40'06(1 E 277 35' PARCEL 2 281.91 ACRES — — OVERHEAD UTILITIES HOMESTEAD N 59'3735' E 397 95' N 29'40'37' E 19579- 1437.09' 5 80'43'52' E 159.88' C 1/4 CORNER J 5ECi1001 35 N 43'X08' 11550' N 663720' W 2096' 736 71 00'58'27 0-4 146 CORNS 2/3 80 5W I/IB CORNER SECTION 26 W 1/I6 CORNER SECTIONS 20 6 35 TORE Awad& to Carat be you mal mmare ay §910121 bxed am ay BHea'84 Ids only Min tree Sall the 5au fret demved a& MaL F,o evert mN cry cam bawd L a1 mi defect n 6e grey he mmaoM rare Cm ter' veers frau to dile of 'le 0Llvlm &en hear /2H OMES 505.86' f SECTION 35 .0 RUDD NORTH UNE SW 1/4 NW 1/4 ASSUMED 60' COUNTY ROAD 300 R.O.W, 30' R=120.00 OF - EACH SIDE OF THE L=37.87 O �� 0 55.03"W 00'37'3' 7 CENTERLINEEXISTING Tan -19 09 i i o 43 x - P- -_ i � N18'56'52"E ROAD Delta=18'04'46" C 57.91' 5818"E 37.71 + N56'04'09"E 18.95' N50'07'59"E'<•" 36.66' 0' �(7,•'9; 0' GATE S�gp9 2"W o'� R=143.56 /L=224.15 Ton=142.2.22 Delta=89'27'47" N62'34'44"E 202.07 $7240,55" TOE OF FILL SLOPE 79.79. R=60.00 L=30.39 Tan=15.53 Delta=29'01'22" N8711'36"W 30.07 ±0.58 ACRES--- R=60.00 CRES N72'40'55"W - 79.79' SALES BOOK 1185, PAGE 443 i� NW 1/16 CORNER SEC.35 FOUND REBAR & 2" ALUM. CAP PLS 5933 BEARS S31'25'47"W, 0.94' -.4--S00'37'37"W 144.05' +4�G Ff KLEBOLD )( TOP OF CUT SLOPE R=203.56 L=235.96 Tan=133.24 Delta=66'24'55" S74'06'10"W 222.97 EXHIBIT "A" PROPOSED 60' R.O.W. ALONG EXISTING ACCESS ROAD SW 1/4 NUJ 1/4 OP SECTION 35, , T Y HII 1COLO SOUTH, RANGE 96 WEST 6TH P11. GARF A parcel of land situate in the SW1/4 NW1/4 Section 35, Township 7 South, Range 96 West of the 6th P. LEGAL DESCRIPTION: M., Garfield County, Colorado, being more particularly described as follows; Commencing at a found 2" Aluminum Cap in place for the NW 1/16 corner of said Section 35, whence a found 3 1/4" Aluminum Cap In ploce for the CW 1/16 corner of said Section 35 bears S00'37'37"W a distance of 1339.11. with all bearings contained herein being relative thereto; thence 500'37'37"W along the east line of the SW 1/4 NW 1/4 of Section 35 o distance 55.03 feet to the True Point of B ginniWng g distance parcel described herein; thence continuing along the east line of said SW 1/4 NW 1/4 chord which b arseS74'0610 Wta dista ceuofe222.97 feet; thencerN72'40'55"W o distance of 79.79 feeconcave to the nothwest, having a radius of 203.56 t; thence 30.39 feet along the orc of o curve to the left, having o rodius of 60.00 feet and a long chord which bears N8711'36"W a distance of 30.07 feet; thence S78'17'43'W a distance of 109.23 to a point on the assumed southeasterly right of way for County Road 300; thence N50'07'59"E along said right of way 36.66 feet; thence continuing along said rigt of existinghCounty Road6300 right oft wayafence8os66 nstructednandsnnplacece corner, a d s oncetofnce 18,95 f et;0alongg an feet to thence the ing a radius of 0 leaving nid ch hd wh chybearse 37.87 feet S81'43'18"E along a distance curve of 3771 feet;ncove thenceuS72'40'/55"E o distance 1of0709.79et and a long feet; thence along the arc of a curve to the left, having a radius of 143.56 feet and a long chord which bears N62'34'44'E a distance of 202.07 feet; thence N18'56'52"E a distance of 57.91 feet to the point of beginning, containing 0.56 acres more or less. CONSTRUCTION SURvEYB, INC. 0012 SUNRISE BL1/D. SILT, CO 81652 (V0)816-5153 PREPARED FOR: N LARRY KLEBOLD PBARRETTI KLEBOLD-SALES-2.DWG EXE 18 i T ",4" I LEGAL DESCRIPTION The centerline of an existing dirt road situated in the E 1/2 NW 1/4, NE 1/4 & NE 1/4 SE 1/4 of Section 35 and in the W 1/2 SW 1/4 of Section 36 all in Township 7 South, Range 96 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Commencing at the C -W 1/16 corner of sold Section 35; thence N 00'38'54" E along the west line of the SE 1/4 NW 1/4 of said Section 35 a distance of 1197.39 feet to o point intersecting the centerline of on existing dirt road and point of beginning; thence along the centerline of said existing dirt rood the following 54 courses; thence N 20'57'06" E, 111.26 feet; thence 106.21 feet along the arc of a curve to the right, having a radius of 150.00 feet and a chord which bears N 4114'09" E, 104.00 feet; thence N 61'31'12" E, 69.55 feet; thence N 46'57'21" E, 90.05 feet; thence 80.15 feet along the orc of o curve to the right, having o rodlus of 120.00 feet and a chord which bears N 66'05'27" E, 78.67 feet; thence N 85'13'33" E, 36.93 feet; thence 166.83 feet along the arc of a curve to the left, having a radius of 175.00 feet and a chord which bears N 57'54'55" E, 160.58 feet; thence N 3016'17" E, 104.85 feet; thence 237.17 feet along the arc of a curve to the right, having a radius of 175.00 feet and a chord which bears N 69'25'48" E, 219.43 feet; thence S 71'44'41" E, 107.78 feet; thence N 82'27'36" E, 66.11 feet; thence N 49'54'42" E, 32.15 feet; thence N 2816'39" E, 111.87 feet; thence N 37'58'36" E, 181.55 feet; thence N 59'49'09" E, 130.31 feet; thence N 47'27'55" E, 211.96 feet; thence N 6115'27" E, 131.67 feet; thence 55.62 feet along the arc of o curve to the right, having o rodius of 26.00 feet and a chord which bears S 57'27'43" W, 45.60 feet; thence S 03'49'08" W, 281.11 feet; thence 41.97 feet along the orc of o curve to the left, having a rodlus of 20.00 feet and o chord which bears S 56'18'00" E, 34.68 feet; thence N 6314'52" E, 114.77 feet; thence 161.93 feet along the arc of a curve to the right, having o radius of 600.00 feet and a chord which bears N 7118'46" E, 161.44 feet; thence N 79'02'40" E, 584.69 feet; thence 619.25 feet oiong the arc of a curve to the right, having a radius of 390.00 feet and a chord which bears S 55'28'05" E, 556.22 feet; thence S 09%958'50" W, 167.47 feet; thence S 25'54'38" E, 480.80 feet; thence S 1319'28" E, 358.14 feet; thence S 17'39'15" E, 308.05 feet; thence S 0729'17" E, 263.07 feet; thence S 16'27'50" E, 271.23 feet; thence S 0016'12" W, 483.69 feet; thence 271.78 feet along the arc of a curve to the left, having a radius of 800.00 feet and o chord which bears S 0927'44" E, 270.47 feet; thence 1911'40" E, 297.33 feet; thence S 1028'26" E, 165.18 feet; thence 183.50 feet along the orc of o curve to the left, having a radius of 200.00 feet and a chord which bears S 36'45'30" E, 177.13 feet; thence S 63'02'33" E, 175.53 feet; thence S 43'01'24" E, 69.02 feet; thence S 56' 03'33" E, 53.17 feet; thence S 6920'34" E, 93.83 feet; thence 56.93 feet oiong the orc of a curve to the right, having a radius of 50.00 feet and a chord which bears S 36'43'36" E, 53.90 feet; thence S 04'06'37" E, 97.99 feet; thence S 21'35'42" E, 111.36 feet; thence S 4413'37" E, 113.23 feet; thence S 61'31'16" E, 111.53 feet; thence 116.12 feet along the orc of o curve to the left, having a radius of 150.00 feet and a chord which bears S 83'41'55" E, 113.24 feet; thence N 74'0726" E, 310.17 feet; thence 204.84 feet along the orc of a curve to the right, having o radius of 200.00 feet and a chord which bears S 7612'04" E, 196.01 feet; thence S 4711'35" E, 156.17 feet; thence S 63'10'11" E, 62.47 feet; thence S 8618'48" E, 103.98 feet; thence S 7115'32" E, 110.17 feet; thence S 43'35'56" E, 68.55 feet; thence S 55'59'41" E, 47.20 feet; thence N 76'21'32" E, 4.99 feet to point on the east line of SW 1/4 SW 1/4 of Section 36, whence the W 1/16 corner on the south line of said Section 36 bears S 01'32'42" W o distance /71.23 feet, i LINE TABLE LINE LENGTH BEARING L1 111.26 N20'57'06"E L2 69.55 N61'31'12"E L3 90.05 N46'57'21"E L4 36.93 N8513'33"E L5 104.85 N30'36'17"E L6 107.78 571'44'41"E L7 66.11 N82'27'36"E L8 32.15 N49'54'42'E L9 111.87 N28'16'39"E LI 0 181.55 N 3 7'58'36"E LII 130.31 N59'49'09"E 112 211.96 N477715"E L13 131.67 N6115'271 114 281.11 503'49'08"W 115 114.77 N63'34'52"E L16 584.69 N79'02'40'E L17 167.47 S09'S8'50"E L18 480.80 525'54'38"E L19 358.14 513'19'28"E L20 308.05 517'39'15"E UNE TABLE LINE LENGTH BEARING L21 263.07 5072917"E L22 271.23 S1827'S0'E L23 483.69 50016'12"W L24 297.33 81911'40"E 125 165.18 510'28'26"E L26 175.53 563'02'33"E L27 69.02 543'01'24"E L28 53.17 556'03'33"E L29 93.83 589'20'34"E L30 97.99 504'06'37"E L31 111.36 S21'35'42"E L32 113.23 54413'37"E L33 111.53 5611116"E L34 310.17 N74107'26"E 135 156.17 547'11'35"E L36 62.47 56310'11"E L37 103.98 68818'48'E L38 110.17 57115'32"E 139 68.55 543'35'56"E L40 47.20 555'59'41"E L41 4.99 N7621'32"E CONSTRUCTION 51,,R1rEY5, INC. 0012 SUNRISE HLYD. SILT, CO 8I662 CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C1 106.21 150.00 40'34'05" 104.00 N4114'09"E C2 80.15 120.00 38'16'12" 78.67 N66'05'27"E C3 166.83 175.00 5417'16" 160.58 N5714'55"E C4 237.17 175.00 77'39'03" 219.43 N69'25'48"E C5 55.62 26.00 122'33'41" 45.60 S57'27'43"E C6 41.97 20.00 12014'16" 34.68 S5618'00"E C7 161.93 600.00 15'27'48" 161.44 N711846"E C8 619.25 390.00 90'58'30" 556.22 S55'28'05"E C9 271.78 800.00 1977'53" 270.47 S0927'44"E C10 183.50 200.00 52'34107" 177.13 S36'45'30"E C11 56.93 50.00 6513'57" 53.90 536'43'36"E C12 116.12 150.00 44'21'18" 113.24 583'41'55"E C13 204.84 200.00 58'41'00" 196.01 576'32'04"E SCALE: 1" = 800' DATE: 07/31 /03 DWG: KLEBOLD/PROPER TY 27 26 34 35 34 34 35 3 35 SITU4TEI 2 COPRAC § 65.11 Page 1 2 Colo. Prac., Methods Of Practice § 65.11 (4th ed.) EASEMENT DEED AND AGREEMENT LARRY A. KLEBOLD AND KAREN K. KLEBOLD, as joint tenants with right of survivorship, whose legal address is 301 Himalaya Ave., Broomfield, CO 80020 ("Grantor'), for good and valuable consideration, the receipt and sufficiency of which are hereby confessed and acknowledged, does hereby sell, convey, and quitclaim unto DONALD R. THROM, whose legal address is 1689 CR 300, Parachute, CO 81635-9428("Grantees') and Grantee's heirs, successors, assigns, and personal representatives, a perpetual non-exclusive easement for ingress, egress, and utilities (the "Easement') over and across the real property more particularly described in Exhibit A, attached hereto and by this reference incorporated herein and made a part hereof ("Grantor's Property"). The location and dimensions of the Easement is more particularly described on Exhibit A. In the event that washouts, erosion, or other natural causes require a relocation of some portion of the road, Grantee shall have the right to relocate the road in a reasonable manner on Grantor's Property, at Grantee's expense, including a re -survey of the Easement location as set forth in Exhibit A, if necessary. Grantee, at Grantee's expense, has surveyed, and shall have the right to operate, use, maintain, and repair the existing road on the Easement for ingress and egress and utilities to and from County Road 300. The Easement shall inure to the benefit of Grantee's heirs, successors, assigns, and personal representatives, subject to the conditions and limitations set forth herein. All costs associated with the Easement, including surveying, construction, repair, maintenance, and snow removal, shall be borne jointly by Grantor and Grantee; and each shall and do hereby agree to indemnify and save the other harmless from all claims for damages or liens arising from the operation, use, surveying, construction, repair, maintenance, and snow plowing on or over the Easement. Grantor shall not have the right to place any barriers, or gates across the easement, but shall have the right to install a cattle guard, with an adequate by-pass if deemed appropriate by Grantor. Grantee's use of the Easement shall be non-exclusive, and Grantor and Grantor's heirs, successors, assigns, personal representatives, guests, and invitees shall an equal and concurrent right to the use of the Easement. Grantee's and Grantors' present and future use of this Easement shall be unlimited. This Easement grant is without warranty of title and is subject to all prior encumbrances, easements, restrictions, reservations, and rights-of-way affecting Grantor's property; provided, however, that Grantor shall cooperate with Grantee to obtain from the holder(s) of any lien on Grantor's Property, a subordination of any such lien to the Easement herein granted. All costs of obtaining any such subordinaton shall be borne by Grantee. Larry A. Klebold Karen K. Klebold 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 2 COPRAC § 65.11 Page 2 2 Colo. Prac., Methods Of Practice § 65.11 (4th ed.) GRANTEE: \ Date 5`j6—A6 Donald R. Throm County of C,di, tic°, State of Colorado )ss The foregoing was acknowledged before me on Karen K. Klebold. Witness my hand and seal. My c r t�mission expires: (notary public) i�iL A, [seal] County of Gca�`--inn\ , State of OColorado )ss The foregoing was acknowledged before me on S 1 ©( , Witness my h and seal. My commission expires: B (2310Th(notary public) ,o; ,. ,va !seal] pRYo PVA DOR. R.YNE my Commissko Exgres o mR4007 ® 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. STATE OF COLORADO COUNTY OF GARFIELD EASEMENT AND ROAD USE AGREEMENT ) KNOW BY ALL MEN BY THESE PRESENTS THAT, Larry A. Klebold and Karen Klebold, 60 Garden Center, Suite 202, Broomfield, Colorado 80020, hereinafter referred to as "Owners", are the owners of the following described lands ("Owners' Lands") located in Garfield County, Colorado, to wit: Township 7 South, Range 96 West Section 35: NE/4,N/2SE/4, E/2NW/4 Section 36: W/2SW/4 Garfield County, Colorado and TBI Production Company, 555 Seventeenth Street, Suite 1850, Denver, Colorado 80202, hereinafter referred to as "TBI" desires to acquire an easement across Owners' Lands for ingress and egress to and from certain lands located near the above described property on which TBI will be conducting oil and gas drilling and/or production operations, hereinafter referred to as "TBI Properties"; NOW, THEREFORE, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable considerations, the receipt and sufficiency of which being hereby acknowledged, the parties hereby agree as follows: 1. Subject to the terms and conditions set forth herein below, Owners hereby grant, bargain, sell, and convey to TBI a private, terminable easement on, over and across the Owners' Lands at the location set forth in paragraph 2 below, and hereafter referred to as "the Access Road", for the purpose of ingress and egress to and from the TBI Properties for the sole purpose of conducting oil and gas operations on the TBI Properties. 2. The easement granted hereby shall be and is hereby limited to fifteen (15) feet on each side of the center line of the existing private road across Owners' Lands as shown on the attached Exhibit A; provided that the location of the existing private road shall be changed to avoid the houses in the SE/4 of Section 26, with the center line of the easement hereby granted to be located at least 750 feet from such dwellings; 3. TBI shall, at its sole cost and expense, construct, improve and maintain the Access Road to meet the following specifications: (a) The Access Road shall be constructed and maintained with an all weather surface (excluding hard surfacing) and shall be so completed within six weeks after the first use by TBI of the easement granted hereby; Page 1 (b) Culverts at ditch and drainage crossings and barrow pits shall be installed where the Access Road crosses ditches or drainages; (c) The Access Road shall, at all times, be properly graded and drained and adequate dust control methods using magnesium chloride water shall be utilized by TBI in the maintenance of such road. (d) Cattle proof fences shall be constructed and maintained by TBI on both sides of the Access Road; (e) Permanent gates and cattle guards shall be installed at each point where the Access Road intersects perimeter and cross fences on Owners' Land, at Owners' election. If Owners or TBI choose to lock any gates on the Access Road, keys will be provided to TBI or Owners by the party locking the gate; (fl building. TBI shall reclaim all areas on both sides of the Access Road due to road 4. As further consideration for the easement granted hereby, TBI agrees (a) To upgrade, to the specifications of the Access Road, the existing road to the residence now on Owners' Land and to build, at no cost to Owners and to the specifications of the Access Road, one single track spur road for Owners' access to a future home site on Owners Land in the W\2NE/4 or E/2NW/4 of Section 35 to be designated by Owners. (b) If TBI removes snow from the Access Road, it will concurrently remove snow from the road or roads identified in (a) above. 5. The Access Road and the easement granted hereby shall be used solely by TBI, its agents, employees, contractors and subcontractors for the purpose of oil and gas drilling and/or production operations. Page 2 6. TBI, it agents, employees, contractors prohibited from hunting on Owners' Lands. 7. TBI's use of the Access Road shall be at Owners harmless for any injuries and or losses maintenance or use of the Access Road by subcontractors. and subcontractors shall be and are hereby its sole risk and TBI shall indemnify and hold caused by or arising out of the construction, TBI, its agents, employees, contractors or 8. Owners and Owners' agents, licensees, permittees and/or assigns, shall have the right to use the Access Road, which use shall be at Owners' sole risk, and Owners shall indemnify and hold TBI harmless against all and any claims for injuries and/or losses which result from Owners' use of the Access Road except those attributable to a breach of the construction or maintenance obligations of TBI. 9. The easement granted hereby shall terminate at such time as the Access Road shall no longer be used by TBI its' heirs, successors and/or assigns for oil and/or gas drilling and/or producing operations, and upon such termination TBI shall execute any documentation necessary in Owners' opinion to fully evidence of record the termination of all rights of TBI with respect to Owners' Lands and the subject easement. Upon such termination, Owners shall have the option, but not the obligation, to take over the maintenance of the Access Road. Should Owners elect not to take over maintenance of the Access Road, TBI shall restore the surface of the Access Road to its original grade and vegetation. 10. This agreement is subject to the terms of that certain Letter Agreement dated October 24, 1997, by and between Owners and TBI which sets forth certain additional monetary and other considerations to be paid by TBI to Owners for the continued use and enjoyment of the Easement granted hereunder, which Letter Agreement is by this reference fully incorporated herein and made a part hereof. 11. This Agreement, together with the above referenced Letter Agreement dated October , 1997, constitutes the full and final agreement between the parties which is subject to modification only by the written agreement of the parties hereto. Page 3 This Agreement shall constitute a convenant running with the lands and shall inure to and be binding to the parties hereto, their heirs, successors and/or assigns. & IN WITNESS WHEREOF, this instrument is executed effective as of the 0 4- day of October, 1997. Karen Klebold TBI Production Company aA��-, By: Richard B. Porter, Attorney -in -Fact Page 4 ROAD EASEMENT AND RIGHT OF WAY STATE OF COLORADO COUNTY OF GARFIELD KNOW ALL THESE MEN BY THESE PRESENTS: That for and in consideration of Ten Dollars ($10.00) and other good and valuable considerations, to us in hand paid, the receipt of which is hereby. acknowledged, LARRY A. KLEBOLD AND KAREN K. KLEBOLD, HAV whose address is 301 Himalaya Avenue, Broomfield, CO 80020, hereinafter referred to as "Grantor" (whether one or more), hereby grants and conveys to FRESCO, INC., a Delaware Corporation, whose address is 1717 Woodstead Court, Suite 207, The Woodlands, Texas 77380, its successors and assigns, hereinafter referred to as "Grantee", a right of way and easement, hereinafter referred to as the "Easement" for the purpose of using, maintaining and upgrading a roadway over and across the following described lands, hereinafter referred to as the "Lands", in Garfield County, Colorado, to -wit: TOWNSHIP 7 SOUTH, RANGE 96 WEST, 6'b P,M. Section 35: E/2NW/4, NE/4, NE/4SE/4 Section 36: W/2SW/4 (more particularly described on Exhibit "A" attached hereto), together with right of ingress and egress for all purposes incident to this grant. Grantor retains the right to full use and enjoyment of the Lands, subject to Grantee's use and maintenance of the Easement. Grantor acknowledges that except for consideration paid, this Easement contains all of the agreements between Grantor and Grantee and that no representations or statements, verbal or written, have been made modifying, adding to, or changing the terms of this Easement. Consideration paid for this Easement is more specifically set out in a Letter Agreement of even date, by and between the parties herein. Grantor reserves the right to use the land within the described Easement area for purposes not inconsistent with Grantee's use of the property, provided such use shall not, in the sole judgment of Grantee, interfere with the exercise by Grantee of the rights granted by this Easement. Grantee acknowledges a twenty-five (25) mile per hour speed limit on the road and shall post signs along the road as directed by Grantor. Grantee shall enforce the speed limit with Grantee's employees, agents, successors and assigns. Grantee is not allowed to park on the road and shall not leave the road surface while on Grantee's Lands. Grantee shall not permit or allow its employees, agents, successors or assigns to: (1) carry any firearms, crossbows or other weapons while on Grantee's Lands; (2) hunt on said Lands; and (3) consume, be under the influence of or possess drugs and/or alcohol on said Lands. This Easement is signed by Grantor as of the date of the acknowledgment below, and is effective for all purposes as of the date of said acknowledgment. GRANTO X Larry A. Klebold STATE OF (kL0 Z(}d}p ) COUNTY OFNUth. )ss. Karen K. Klebold ACKNOWLEDGMENT. The foregoing instrument was acknowledged before me this lli'day of August, 2003, by Larry A. Klebold and Karen K. Klebold, h/w, Witness my hand and official seal. My commission expires: Klcbold/Prcsco, Inc. NW -3-Z.aos-- J.L. Obourn, Jr. & Co. 2773 W. Long Drive, # 8 Littleton, Co 80120 ROAD USE AGREEMENT This agreement made and entered into this ) ( day of qu6.4 S'r , 2004 by and between The Ranch at Parachute, LLC of 301 Himalaya Ave, Broomfield, CO 80020 (hereinafter called ASSIGNOR) and Canyon Gas Resources. LLC of 7400 E. Orchard Road, Suite 3025, Englewood, Colorado 80111, (hereinafter called ASSIGNEE). RECITALS: A. Assignor is the owner of a portion of a constructed Road that travels through Sections 26, 35 & 36, Township 7 South, Range 96 West. The ROAD is approximately 2.5 miles in length. B. ASSIGNEE desires the right to use the ROAD to access the surface site and for access to ASSIGNEE'S gas pipeline and metering sites. C. ASSIGNEE desires to rent from ASSIGNOR and ASSIGNOR desires to rent to ASSIGNEE the ROAD for ASSIGNEE'S use for access to the ASSIGNEE'S gas pipeline and metering sites. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Use of ROAD. ASSIGNOR does hereby grant, demise, rent, let and convey the ROAD unto ASSIGNEE for the teen hereinafler provided, to access the surface site. 2. Term: Rent. The initial teen of this agreement shall be for one (1) year from the effective date and shall continue year to year (each year a renewal tern) thereafter, unless sooner terminated at the election of the ASSIGNEE. For the initial term (January 1, 2003 to December 31, 2003) rent shall be $4,000.00 for use of the ROAD. Thereafter the annual payment shall be $2,400.00 per year. By execution of this agreement, ASSIGNOR acknowledges receipt of rent for the initial term. ASSIGNEE may terminate this agreement upon 30 days written notice to ASSIGNOR. Upon termination, ASSIGNEE'S obligation to pay rent shall cease; provided however, that ASSIGNOR shall have no obligation to reimburse the ASSIGNEE for any rent attributable to the unexpired term. 3. Terms and Conditions. Other persons or companies also use the ROAD. Upon termination of this Agreement, ASSIGNEE shall restore portions of the ROAD used by ASSIGNEE to the same condition as existed prior to ASSIGNEE'S use thereof. ASSIGNEE agrees to cooperate with such other parties in maintaining said ROAD, including maintenance of culverts, cattleguards and any other improvements. Areas of disturbance shall be regraded, water barred, maintained and reseeded to prevent loss of soils to wind or water erosion, subsidence of soils and to encourage the revegetation of desirable specie of grass and fords. Such work will be performed at times of the year that adapt to growing seasons and weather. 4. Fences. No fences, cattle guards or other improvements of ASSIGNOR'S shalt be cut or damaged by ASSIGNEE except with the prior consent of ASSIGNOR. During the term of this Agreement, ASSIGNEE shall cooperate in order that all posts, gates and other necessary material supplied by ASSIGNEE are delivered in a reasonable time, not to exceed 30 days after notification, to perform the necessary repairs, failing in which ASSIGNOR may cause the same to be repaired, and shall be compensated by ASSIGNEE at the ASSIGNOR'S actual cost but at not more than the prevailing rate in the area for similar work; provided, however, that the cost of any such repairs shall be prorated amongst all parties in relation to their use of the ROAD. 5. Stacking of Equipment. ASSIGNEE shall not allow any surplus equipment to be stacked or vehicles to be parked on the ROAD. 6. No Living Quarters. ASSIGNEE shall not allow any living quarters to be constructed on the ROAD. 7. No Hunting. ASSIGNEE, its agents, employees, successors or assigns are not permitted to hunt on ASSIGNOR'S property, unless the ASSIGNOR has granted permission. ASSIGNEE, its agents, employees, successors or assigns are not permitted to consume or be under the influence of alcohol or drugs while on ASSIGNOR'S property. No uncontrolled dogs are allowed on the ASSIGNOR'S property. 8. Agreement not of record. This agreement shall not be placed of record without the written consent of both parties. 9. Assignments and Termination. The terms and provisions contained herein shall run with the land and shall be binding on the heirs, successors, and assigns of ASSIGNOR and ASSIGNEE. This agreement shall terminate when the ROAD is no longer used by or useful to ASSIGNEE to obtain access to the Surface Site or other portions of ASSIGNEE'S gas gathering system. 10. Assignees Bound. This agreement shall be binding upon the parties hereto, their agents, employees, successors and assigns. ASSIGNEE may assign this Agreement in whole or in part in connection with a scale or transfer of the Surface Site or ASSIGNEE'S gas gathering system. 12. Notices. Notices by either party hereto shall be promptly given orally, if possible or immediately mailed to: ASSIGNOR: The Ranch at Parachute, LLC 301 Himalaya Ave Broomfield, CO 80020 ASSIGNEE: Canyon Gas Resources, LLC 7400 E. Orchard ROAD, Suite 3025 Englewood, Colorado 80111 13. Default. In the event of default by ASSIGNEE in the payment of any rent due hereunder on any anniversary of the Effective Date, ASSIGNEE shall have 20 business days within which to cure such default and make the required payment. Waiver of any default shall not be deemed a waiver of subsequent defaults, but ASSIGNOR thereof shall give notice to ASSIGNEE as herein provided. 14. No Warranty. ASSIGNOR makes no warranty of title or otherwise in entering into this agreement; provided however, that in the event any owner of property over which the ROAD crosses disputes ASSIGNEE'S right to use any portion of the ROAD or claims payment for use thereof, then ASSIGNEE and ASSIGNOR agree to renegotiate the terms of this agreement. IN WITNESS WHEREOF, this i strument is executed as of the ASSIG' aR - SSLGN ate first above written. By: tvull�� TAX ID Number: State of Colorado) :ss. County of Garfield) ers Canyon Gas Resources, LLC Tax ID Number: •S'14 - ISO Ca90 // , The above and foregoing instrument was acknowledge before me by a 4• ' q°h se identity is personally known to meQand �who by me duly sworn, za� did say that he/she is the I `/'r"1 'fin , 4& 04 �` oit C on this 1 I day of 4 p1.61-- 2004. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notary seal the day and year first above written. My Commision Expires CA v1 676. Notary Public AVERIC HEINEKEN Notary Public State of Colorado State of Ce w fl ) �p �� :ss. County of CO Wr e ) QQ On this 1( 7)t' day of 414614 Sr 2004, personally appeared before me .P4' PE -s whose identity is personally lmown to me and who by me duly sworn, did say that he/she is the 1' :MA- of C4? -i Yan> GAS IPA.C61.9.ciA L' c and acknowledge that said document was signed by him/her in behalf of said corporation by authority of its bylaws. AVERIC HEINEKEN Notary Public Stab of Colorado My Commission Expires: (..A\ \-11tso Notary JOHN W. SAVAGE, P.C. Attorney at Law April 10, 2006 Mr. Donald Somer Qwest Corporation 12680 Weld county Road 58 Greeley, CO 80634 201 Railroad Ave. P.O. Box 1926 Rifle, CO 61650.1926 970-625-1470; fax: 625-0603 email: SavageJW©rot.net Re: Klebold Application to vacate County Road 304 Dear Mr. Somer: The Klebolds are applying to Garfield County to vacate County Road 304 which serves their property at 1691 CR 300, Parachute. The County Application for road vacations requires that "involved utilities" be contacted to ascertain the respective utility providers' position on the proposed vacation. Enclosed is a Survey of the Klebold property showing the road to be vacated. We believe that the telephone line servicing the existing Throm residence is located in the road right of way to be vacated. Attached is a draft of an Easement grant to Qwest for the existing line if the County vacates the road right of way. If Qwest has no objections to the application, please sign the enclosed copy of this letter and retum to my office for filing with the Klebolds' application. If you have any questions or concems about this action, please contact me. Sincerely, s/s John W. Savage John W. Savage Qwest Corporation has no objection to the Klebolds' application to vacate CR 304 on the condition that prior to recording of the Resolution vacating said CR 304, an Easement, acceptable to Qwest for the existing telephone line is granted by the Klebolds. Qwest Corporation A i/w q .74-1— C:1Documents and Settingslbhn Savage'My nocumentshC JEMSVOeboylCR 304VIrto Qwestdoc Revised: 4/102000 420:00 PM; printed: 04/10/06; 4:21 PM; Page 1 of 1 Date: aht/O RECORDING INFORMATION ABOVE EASEMENT AGREEMENT Private Easement Individual(s) as Grantor The undersigned ("Grantor") for and in consideration of $1.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant and convey unto QWEST CORPORATION, a Colorado corporation ("Grantee"), whose address is 1801 California St., Suite 5200, Denver, CO 80202, and its successors, assigns, affiliates, lessees, licensees, and agents, a perpetual non- exclusive easement to construct, modify, add to, maintain, and remove such telecommunications facilities, electrical and gas facilities, and other appurtenances, from time to time, as Grantee may require upon, over, under and across the following described property situated in the County of Garfield, State of Colorado, which Grantor owns or in which Grantor has an interest ("Easement Area"), to wit: An easement 10 feet in width, along the existing buried telephone cable, located along the right of way for County Road 304 as shown on the attached Exhibit A which is attached hereto and by this reference made a part hereof, all of which is situated in the E/2NW/4 and NW/4NE/4 of Section 35 Township 7S Range 96W of the 6thP.M. Grantor further conveys to Grantee the right of ingress and egress to and from the Fasement Area during all periods of construction, maintenance, installation, reinforcement, repair and removal over and across Grantor's lands with the right to clear and keep cleared all trees and other obstructions as may be necessary for Grantee's use and enjoyment of the Easement Area. Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges herein granted. Grantee shall have no responsibility for environmental contamination, which is either pre-existing or not caused by Grantee. Grantor reserves the right to occupy, use and cultivate the Easement Area for all purposes not inconsistent with the rights herein granted. Grantor covenants that Grantor is the fee simple owner of the Easement Area or has an interest in the Easement Area. Grantor will warrant and defend title to the Easement Area against all claims. Grantor hereby covenants that no excavation, structure or obstruction will be constructed, or permitted on the Easement Area and no change will be made by grading or otherwise that would adversely affect Grantee's use and enjoyment of the Easement Area. The rights, conditions and provisions of this Agreement shall run with the land and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. R/VV # Page 1 of 2 Initials EXISTING ROAD PROPOSED Nw5E PARCEL 2 281.91 ACRES 55 1145E 5/4 4z 1 PARCEL 1 161.48 ACRES OVERHEAD UIRIIES 91I ` HOMESTEAD - J OVERHEAD UTLITIES CS 1/16 CORNER SECTION 26 WIRE FENCE SE I/,9 SR V1 OVERHEAD UTAIIES J 1 I/4 CORSE SECTIONS 26 3 35 51EA0 -. -� C-5 116 CORNER SECTION 35 APPROXIMATE CENTERLINE POODLE CREEK N \ R35' 40'06V E 2 N 59'32'35' E 397.95' PARACINTEUNA ROAD \ N-39'45'3' E t 195.7K CORNER SECTION 26 N 00'28'20 W 217300 CORNER SECTIONS 26 & 35 505* , CORNER SECTION 35 /CR300 6x 9. I HEREBY CERTIFY TO LARRY 10.66010 THAT REPRESENTS THE RESULTS OF A SURVEY YOE KNOWLEDGE AND BELEF, DONE ON THE PREPS BARRY L. RAAG JOHN W. SAVAGE, P.C. A4aneyatLaw October 16, 2006 Mr. Buzz Quaco Holy Cross Electric Assoc. Inc PO Drawer 2150 G.S., CO 81602 201 Railroad Ave. P.O. Box 1926 Rifle, CO 81650-1926 970-625-1470; fax: 625-0803 email: SavageJW@rof.net Re: Klebold Application to vacate County Road 304 Dear Bu77: week. OCT 2 i n6 Attached is the revised form of Easement Agreement per the info you left at my office last Please sign the enclosed copy of this letter and retum to my office for filing with the Klebolds' application. The executed Easement Agreement will be recorded when the County agrees to vacate the road. I will forward the recorded Easement Agreement to you. If you have any questions or concerns about this action, please contact me. Encl. xc: Larry Klebold w/encl. rely, lam' W. Sava Holy Cross Electric has no objection to the Klebolds' application to vacate CR 304 if the attached Easement Agreement is executed and recorded before recording of the County Resolution vacating CR 304. Holyas oss Electric Assoc., Inc. By: 1►tiC..,,( 1, Date: iaCT. Z4, Zook C:\Documents and SettingsUohn Savage\My Documents\CLIENTS\Xlebold\CR 304Vtr to Holy Cross 061016.doc Revised: 10/16/2006 2:17:00 PM; printed: 10/16/06; 2:18 PM; Page 1 of 1 RECORDING INFORMATION ABOVE EASEMENT AGREEMENT The undersigned ("Grantor") for and in consideration of $1.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant and convey unto HOLY CROSS ELECTRIC ASSOC., INC., a Colorado corporation ("Grantee"), whose address is P.O. Drawer 2150, Glenwood Springs, CO 81602, and its successors, assigns, affiliates, lessees, licensees, and agents, a perpetual non-exclusive access easement over and across the existing road designated on certain county records as County Road 304, which road Grantor proposes to ask Garfield County to vacate as a county road. Said easement shall apply to any future changes or additions to said road. Said easement is granted for the express and limited purpose of granting grantee access to its existing overhead powerlines located on the lands owned by Grantor and those adjacent thereto previously accessed via said CR 304. Said easement generally being located as follows: T. 7 S., R. 96 W., 6a' P.M. Sec. 35: E1/2NE1/4 andNWl/4 Grantor further conveys to Grantee the right of ingress and egress to and from the Easement Area during all periods of construction, operation, maintenance, installation, reinforcement, repair and removal over and across Grantor's lands Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges herein granted. Grantee shall have no responsibility for environmental contamination, which is either pre-existing or not caused by Grantee. Grantor reserves the right to occupy, use and cultivate the Easement Area for all purposes not inconsistent with the rights herein granted. Grantor covenants that Grantor is the fee simple owner of the Easement Area or has an interest in the Easement Area. Grantor will warrant and defend title to the Easement Area against all claims. The rights, conditions and provisions of this Agreement shall run with the land and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. GRANTORS: Date Date Larry A. Klebold Karen K. Klebold County of , State of Colorado )ss The foregoing was acknowledged before me on , by Larry A. Klebold and Karen K. Klebold. Witness my hand and seal. My commission expires: (notary public) [seal] JOHN W. SAVAGE, P.C. Atb meyalla# April 6, 2006 Grand Valley Fire Protection District 1777 Battlement Parkway Parachute, CO 81635 Re: Klebold Application to vacate CR 304 Dear Sirs: 201 Railroad Ave. P.O. Box 1926 Rifle, CO 81650-1928 970-625-1470; fax: 625-0803 email: SavageJW@rof.net The Klebolds are applying to Garfield County to vacate County Road 304 which serves their property at 1691 CR 300, Parachute. The County Application for road vacations requires that "any affected fire district" be contacted to ascertain their position on the proposed vacation. Enclosed is a Survey of the Klebold property showing the road to be vacated. This road serves only as private access to the existing Throm residence and the future Klebold residence on the property, does not provide any legal access to any other private properties, residences or structures and does not provide access to any public lands. In recent years the physical road, as distinguished from the historic prescriptive county right of way has been extended to service extensive natural gas development in the area. The Klebolds hereby acknowledge and affirm the fire district's inherent right to use any such physical roads for emergency access to any areas accessible from any such roads. If the Grand Valley Fire Protection District has no objection to this road vacation application, please sign and return the enclosed copy of this letter. Please advise if you need additional information or want to review this matter in more detail before responding. Thank you for your assistance in this matter, please give me a call if you have any questions. y y yo W.S e Enclosures 304. The Grand Valley Fire Protection District has no objection to the requested vacation of CR Grand alley' / t fi [strict By: ! Date: c(- Title: (tom', Lc CsA (Cr- GU MPS (E6 A-F%teo J C:1Documents and Settings\John Savage\My Documents1CLIENT$Webok pCR 304\Fire Department letter.doc Revised: 4/6/2006 5:04:00 PM; printed: 04/06/06; 5:04 PM; Page 1 of 1 RECEIVED MAY 11 2006 f hitt oavager i�.C, GRAND VALLEY FIRE PROTECTION DISTRICT 1777 S. BATTLEMENT PARKWAY PO BOX 295 PARACHUTE, CO 81635 (970) 285-9119, FAX (970) 285-9748 April 17, 2006 John W. Savage, P.C. 201 Railroad Ave. PO Box 1926 Rifle, CO 81650-1926 Subject: Klebold Application to vacate CR 304 Mr. Savage, The Grand Valley Fire Protection District has no objections to the Klebold's request to vacate County Road 304 as long as they are willing to keep it maintained as required by the 2003 IFC, Chapter 5 - Fire Service Features, Section 503 — Fire Apparatus Access Roads. If you have any questions regarding this portion of the 2003 IFC, as adopted by the Garfield County Board of Directors, I can be reached at the above listed phone number. David A. Blair Fire Chief, GVFPD Cc: Board of Directors File JOHN W. SAVAGE, P.C. AltaneyatLaw June 27, 2007 Mr. Larry A. Klebold Ms. Karen K. Klebold 301 Himalaya Ave. Broomfield, CO 80020 Re: County Road 304 Legal Status Dear Mr. and Ms. Klebold: 201 Railroad Ave. P.O. Box 1926 Rifle, CO 81650-1926 970-625-1470; fax: 625-0803 email: SavageJW@rof.net In conjunction with your application to Garfield County to vacate CR 304, you have requested that I provide the Title Opinion required to support your application. In compliance therewith, I submit the following opinion: Based on my review of the information submitted to the Board of County Commissioners at the meeting on July 5, 2005, Stewart Title Guaranty Company Commitment No.. 96025431, effective as of 5/22/1996, the relevant documents cited in said policy, and my personal knowledge of the property and road involved, it appears that there is substantial evidence that portions of existing and/or former roads on the property owned by you are public right of ways. To the extent that any such public right of way(s) actually exist, they appear to have been created by prescriptive use since no documents have been discovered creating any such right of way(s). I have not done a complete review of the title to your property because an Abstract is not available and recreating a complete title chain would be expensive and time consuming and would not add substantially to the information assembled to date. However, based on the information available, I would surmise that prior to WW II (Claude Hayward acquired the property in 1946), there were more than one owner and probably multiple residences on the property now owned by you. Assuming this was in fact the case, it would explain why a public right of way came into existence to serve what is now a series of pastures and fields under common ownership. The exact location of major portions of any such public right of ways are impossible to determine from the County Road Maps as they lack sufficient detail to establish an actual road location. Determination of actual prescriptive right of way location(s) are further complicated by the existence of multiple internal farm roads and recent road construction activity on your property that may have obliterated evidence of the original right of way location(s). It is reasonably certain that although the existing physical road provides access to other private properties to the east and north of your property, that access only occurred recently due to your agreement(s) with oil and gas operators and their recent road construction extending the original road that ended on your private property. There probably was some limited use of trails to the east from C:\Documents and SettingsVohn Savage\My Documents\CLIENTS%ebold\CR 304\title Opinion.doc Revised: 6/27/2007 4:47:00 PM; printed: 06/27/07; 4:47 PM; Page 1 of 2 your property to ditch headgates in Pete and Bill and Dry Creek and possibly some access into the public domain for occasional timber cutting and cattle grazing, however there is nothing in the record I am aware of that indicates that these uses were anything other than infrequent and permissive. During the late 50's and early 60's, when my family lived on and ranched most of Battlement Mesa, access to the private land parcels on The High Mesa now owed by DayBreak Realty, LLC and Tom Brown, Inc. were via a road up the north face of The High Mesa or up Dry Creek from what is now CR 300, but definitely not from CR 304. C:IDocuments and SettingsUohn Savage'My Documents\CLIENTS\Klebold\CR 3041title Opinion.doc Revised: 6/27/2007 4:47:00 PM; printed: 06/27/07; 4:47 PM; Page 2 of 2