HomeMy WebLinkAbout06 DeedsDEEDS AND EASEMENTS
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OLSSON
ASSOCIATES
1111 '1.117MP41(141,140 ,44MIARIK1i ' IN 11 II I
Receptdon#: 7461298
12/31/2007 12:01:32 PM Jan Rlberioa
1 ar 7 Roc Fee:S36,00 Dac Fes:G.00 GARFIELD COUNTY CO
SPECIAL WARRANTY DEED
THIS DEED, made this 3i S4'
day of December, 2007, between BATTLEMENT MESA PARTNERS
LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS,
LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado
81635, (Grantee):
WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and
Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold
and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors
and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of
Garfield and State of Colorado described as follows:
See attached Exhibit A
SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights,
including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights
associated with or appurtenant to said Parcel.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved
hereinabove, 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 Grantor, either in law
or equity, of, in and to the above bargained premises.
To HAVE ANSI TO HOLD the said premises above bargained and described with the appurtenances, unto the
Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and
agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and
peaceable possession of the Grantee, its successors and assigns, against alt and every person or persons claiming the
whole or any part thereof, by, through or under the Grantor.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD
BATTLEM
a Colorado li
By AK -
Name; Eri ��-ea
Title: Authorized Agent
PARTNERS LLC
ty company
The foregoing instrument was acknowledged before me this del- day of December, 2007, by Eric
Schmela as Authorized Agent for Battlement Mesa Partners LLC, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires: rA k QOQ 1
Notary Public
SALLY GE(B VAGNEUR
NOTARY PUBLIC
STATE OF COLORADO
My Cottrtn sok EAi 4ml 011104,70t19
i
1111 WA WWII Alrhil it l l 0■Y41111% IN 11 111
Reception#: 740228
1213112067 12-61:32 PM Jean ALberica
2 of 7 Rec Foo:$36.00 Doc Fea:6.06 GARFIELD COUNTY CO
EXHIBIT A
1. A Pared of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number
333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal
Meridian, Garfield County, Colorado, being more particularly described as follows:
Beginning at a point along the Southerly Right of Way line of the North Battlement Parkway as
recorded under Reception Numbers 398268, whence the Northeast Corner of said Section 8 bears
N64°11 '55"E a distance of 2907.31 feet, with all bearings being relative to a bearing of N00°58'IO"E a
distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Comer of said Section 8
and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Southerly
Right of Way the following three (3) courses: N77°24'14"W a distance of 104.74 feet; thence 354.34 feet
along the arc of a curve to the left, having a radius of 1859.86 feet, a central angle of 10°54'57" and
subtending a chord bearing of N82°51'42"W a distance of 353.80 feet; thence N88° 19'11 "W a distance of
1641.56 feet to the Northeast comer of Lot 4, Block 2 Burning Rock Subdivision as recorded under
Reception No. 371427; thence along the Easterly boundary line of said Lot the following two (2) courses:
S00°24'07"W a distance of 614.28 feet; thence S52°46'13"E a distance of 113.3 feet to a point on the
Northerly line of a 20 foot Utility Easement No. 34 as recorded under Reception No. 362181, also being the
Easterly Boundary line of Burning Rock Subdivision as recorded under Reception No. 371427; thence
along said Easterly Boundary line the following four (4) courses: S34°36'19"W a distance of 70.30 feet;
thence 507°41'561'E a distance of 41.22 feet; thence 533°37'46"E a distance of 327.58 feet thence
503°37'02"E a distance of 348.69 feet; thence N85°30'26"E a distance of 574.39 feet; thence 564°41'02"E
a distance of 104.01 feet; thence S44°44'08"E a distance of 201.49 feet; thence S47°29'41 "E a distance of
57.83 feet; thence N86°33'48"E a distance of 63.76 feet; thence N6299'52"E a distance of 216.09 feet;
thence N84°35'43"E a distance of 51.70 feet; thence S59°24'28"E a distance of 33.67 feet to a point on the
Westerly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence along
said Westerly Right of Way line the following five (5) courses: 58.03 feet along the arc of a non -tangent
curve to the right having a radius of 1050.00 feet, a central angle of 03°09'59" and subtending a chord
bearing of N33°54'00"E a distance of 58.02 feet; thence N35°28'59"E a distance of 668.74 feet; thence
379.48 feet along the arc of a curve to the left, having a radius of 950.00 feet, a central angle of 22°53'14"
and subtending a chord bearing of N24°02'22"E a distance of 376.97 feet; thence N12°35'46"E a distance
of 427.56 feet; thence 31.42 feet along the are of a curve to the left, having a radius of 20.00 feet, a central
angle of 90°00'00" and subtending a chord bearing of N32°24'14"W a distance of 28.28 feet to the point of
beginning. Said Parcel contains 57.68 acres more or less. Said Parcel is subject to easements and
encumbrances of record
2. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number
333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal
Meridian, Garfield County, Colorado, being more particularly described as follows:
Beginning at a point along the Westerly Right of Way line for Spencer Parkway as recorded under
Reception No. 541093 whence the Northeast Comer of said Section 8 bears N51°02'39"E a distance of
4204.64 feet, with all bearings being relative to a bearing of NOO°58' l0"E a distance of 2605.18 as found
between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum
Cap at the East 1/4 Corner of said Section 8; thence N59°24'28"W a distance of 33.67 feet; thence
S84°35'43"W a distance of 51.70 feet; thence 562°39'52"W a distance of 216.09 feet; thence S86°33'48"W
a distance of 63.76 feet; thence N47°29'41 "W a distance of 57.83 feet; thence N44°44'08"W a distance of
201.49 feet; thence N64°41'02"W a distance of 104.01 feet; thence S85°30'26"W a distance of 574.39 feet
to a point on the Easterly Boundary line of Block 2, Burning Rock Subdivision as recorded under
Reception No. 371427; thence along said Easterly Boundary line the following six (6) courses
S45°48'25"W a distance of 298.35 feet; thence 536°45'12"W a distance of 68.78 feet; thence S19°32'24"W
a distance of 317.57 feet; thence 518°04'52"W a distance of 162.89 feet; thence 524°12'31'W a distance of
23.36 feet; thence S53°0I'14' E a distance of 75.63 feet; thence S16°44'10"W a distance of 733.77 feet;
thence S73°15'50"E a distance of 736.08 feet; thence S70°42'38"E a distance of 60.44 feet; thence
S84°07'30"E a distance of 64.54 feet; thence S69°57'06"E a distance of 63.31 feet; thence S62°23'49"E a
2
1III1#1,I11V 3W1,1411.1%11J 1VINIII.I4h'.I11411111
' Receptiontt• 748298
12131(2007 12:01:32 PM Jean Albert=
3 of 7 Ree Fee,$36.00 Doo Frr:0.00 GARFIELD COUNTY CO
distance of 69.25 feet; thence S52°57'45"E a distance of 120.64 feet thence S63°09'20"E a distance of
83.59 feet; thence 573°00'34"E a distance of 59.43 feet to a point on said Westerly Right of Way line for
Spencer Parkway; thence along said Westerly Right of Way line N30°59'00"E a distance of 150.82 feet;
thence leaving said Westerly Right of Way 570°49'20"E a distance of 819.47 feet to the Westerly
Boundary line of a Parcel of land described in Special Warranty Deed recorded under Reception No.
727519; thence along said Westerly Boundary line the following three (3) courses: 105.26 feet along the
arc of non -tangent curve to the left, having a radius of 1460.00 feet, a central angle of 04°07'50" and
subtending a chord bearing of N26°30'2I "E a distance of 105.23 feet; thence N24°2626"E a distance of
486.76 feet; thence 121.62 feet along the arc of a curve to the left, having a radius of 460.00 feet, a central
angle 15°08'53" and subtending a chord bearing of N16°51'59"W a distance of 121.26 feet; thence
continuing 74.60 feet along an arc to the left, having a radius of 460.00 feet, a central angle of 09°17'33"
and subtending a chord bearing of N04°38'46"E a distance of 74.52 feet; thence N00°00'00"W a distance of
422.89 feet to the Southeast Corner of a Parcel of land described under Reception No. 502529; thence
along the Southerly Boundary line of said Parcel the following three (3) courses: N56°45'01"W a distance
of 317.60 feet; thence N74°24'26"W a distance of 223.22 feet; thence N50°57'I0"W a distance of 171.76
feet to the Easterly Right of Way of said Spencer Parkway; thence along said Easterly Right of way 396.39
feet along the arc of a non -tangent curve to the right, having a radius of 950.00 feet, a central angel of
23°54'25" and subtending a chord bearing of N17°54'03"E a distance of 393.52 feet; thence leaving said
Easterly Right of Way N35°39'18"W a distance of 108.82 feet to the point of beginning. Said Parcel
contains 76.26 acres more or less and is subject to easements and encumbrances of record_
3. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number
333476, also being located within Sections 7, 8, 18 & 17 Township 7 South, Range 95 West of the 6th
Principal Meridian, Garfield County, Colorado, being more particularly described as follows:
Beginning at a point along the Westerly Right of Way line for Spencer Parkway as recorded under
Reception No. 541093 whence the Northeast Corner of said Section 8 bears N40°50'16"E a distance of
5894.33 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found
between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum
Cap at the East 1/4 Corner of said Section 8; thence N73°00'34"W a distance of 59.43 feet; thence
N63°09'20"W a distance of 83.59 feet; thence N52°57'45"W a distance of 120.64 feet; thence
N62°23'49"W a distance of 69.25 feet; thence N69°57'06"W a distance of 63.31 feet; thence N84°07'30"W
a distance of 64.54 feet; thence N70°42'38"W a distance of 60.44 feet; thence N73°15'50"W a distance of
736.08 feet to a point on the Easterly boundary line of l3uming Rock Subdivision as recorded May 28,
1986 under Reception No. 371427; thence along said Easterly boundary line the following three (3)
courses: 516°44'10"W a distance of 759.48 feet; thence S65°00'15"W a distance of 1143.06 feet; thence
S01°42'35"W a distance of 335.15 feet to a point on the Northerly boundary line of Willow Creek Village,
Section 2 as recorded December 8, 1981 as Reception No. 322310; thence along said Northerly boundary
line the following five (5) courses: S29°17'15"E a distance of 310.72 feet; thence 581°11'11"E a distance of
580.86 feet; thence S58°05'59"E a distance of 1I5.43 feet; thence N82°36'07"E a distance of 108.66 feet;
thence S01 °05'52"W a distance of 159.34 feet to the Northwest corner of a a Parcel of land described under
Reception No. 316688; thence along the boundary line of said Parcel for following two (2) courses;
588°54'08"E a distance of 208.92; thence S01°05'52"W a distance of 220.21 feet to a point on the
Northerly right of way line of South Battlement Parkway as recorded under Reception No. 398297; thence
along said Northerly Right of Way line the following four (4) courses: 132.67 feet along the arc of a curve
to the right, having a radius of 622.96 feet, a central angle of 12°12'09" and subtending a chord bearing of
S70°23'20"E a distance of 132.42 feet; thence S64°17'16"E a distance of 231.81 feet; thence 264.69 feet
along the are of a curve to the left, having a radius of 522.96 feet, a central angle of 29°00'00" and
subtending a chord bearing of S78°47'16"E a distance of 261.88 feet; thence N86°42'44"E a distance of
103.85 feet to a point on the Westerly Right of Way line of Spencer Parkway as recorded under Reception
No. 541093; thence along said Westerly Right of Way line the following two (2) courses: 27.09 feet along
the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 77°36'18" and subtending a
chord bearing of N47°54'35"E a distance of 25.07 feet; thence N09°06'26"E a distance of 386.00 feet to a
point on the boundary line of First Eagles Point as recorded September 22, 2004 under Reception No.
3
Ill "r. iliValiitiitailU irrriMMI alH'i 11111
Recept.ion#: 740298
12/31/2007 12:0132 PM Jean Alberloo
4 or 7 Rec Fee.S36.00 Doc Fee:0.00 GARFIELD COUNTY CO
660191; thence along said boundary line of First Eagles Point the following Seventeen (17) courses:
N54°07'28"W a distance of 314.02 feet thence N55°41'19"W a distance of 265.45 feet; thence
N78°39'50"W a distance of 296.32 feet; thence N81°45'01"W a distance of 297.02 feet; thence
N81°57'04"W a distance of 145.63 feet; thence N75°45'00" W a distance of 370.19 feet; thence
N22°01'45"W a distance of 154.99 feet; thence N06°18'36"W a distance of 114.85 feet; thence
N54°39'55"E a distance of 55,12; thence N59°01'20"E a distance of 77.70 feet; thence N72°50'04"E a
distance of 193.51 feet; thence S77°45'09"E a distance of 177.92 feet; thence S73°14'55"E a distance of
425.47 feet; thence N54°40'52"E a distance, of 470.22 feet; thence S84°56'46"E a distance of 248.40 feet;
thence 565°52'14"E a distance of 148.32 feet; thence 526°51'31"E a distance of 82.97 feet to a point along
said Spencer Parkway Westerly Right of Way the following two (2) courses: 105.35 feet along the arc of a
non -tangent curve to the right, having a radius of 650.00 feet, a central angle of 09°17'12" and subtending a
chord bearing of N26°20'24"E a distance of 105.24 feet; thence N30°59'00"E a distance of 846.41 feet to
the point of beginning. Said Parcel contains 52.80 acres more or Tess. Said Parcel is subject to easements
and encumbrances of record.
4. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number
333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal
Meridian, Garfield County, Colorado, being more particularly described as follows:
Beginning at a point along the Westerly Right of Way line of the East Battlement Parkway as
recorded under Reception Numbers 398268 and 398297, whence the Northeast Corner of said Section 8
bears N22°4228"E a distance of 3772.70 feet, with all bearings being relative to a bearing of N00°58'10"E
a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8
and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Westerly
Right of Way line the following two (2) courses: 501°41'08"W a distance of 407.27 feet; thence
500°59'21"W a distance of 865.52 feet to the Northeast Comer of a parcel of land described in the Special
Warranty Deed recorded under Reception No. 727519; thence along the Northerly boundary of said School
Parcel the following seven (7) courses: N76°0719"W a distance of 854.61 feet; thence N08°46'47"E a
distance of 418.88 feet; thence N82°55`19"W a distance of 44.28 feet; thence N63°58'43"W a distance of
279.40 feet; thence N57°48'47"W a distance of 115.39 feet; thence S74°08'54"W a distance of 55.18 feet;
thence N61 ° 13'35"W a distance of 27.90 feet; thence 74.60 feet along the arc of a non -tangent curve to the
left, having a radius of 460,00 feet, a central angle of 09°17'33" and subtending a chord bearing of
N04°38'46"E a distance of 74.52 feet; thence N00°00'00"W a distance of 422.89 feet to the Southeast
comer of a parcel of land described at Reception No. 502529; thence along the Easterly boundary of said
parcel N00°00'00"W a distance of 442.32 feet; thence leaving said Easterly boundary N52°24'27"E a
distance of 88.42 feet; thence 564°18'03"E a distance of 428.17 feet; thence 583°43'30"E a distance of
172.14 feet; thence S54°03'08"E a distance of 109.24 feet; thence 571°06'37"E a distance of 73.94 feet;
thence S67°01'27"E a distance of 419.92 feet; thence S49°57'25"E a distance of 110.81 feet to the point of
beginning. Said Parcel contains 35.67 acres more or less. Said Parcel is subject to easements and
encumbrances of record.
5. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number
333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal
Meridian, Garfield County, Colorado, being more particularly described as follows:
Beginning at a point along the Southerly Right of Way line of the North & East Battlement
Parkway as recorded under Reception Numbers 398268 and 398297, whence the Northeast Comer of said
Section 8 bears N64°11'55"E a distance of 2907.31 feet, with all bearings being relative to a bearing of
N00°58' 10"E a distance of 2605,18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of
said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Comer of said Section 8; thence along said
Southerly & Westerly Right of Way line the following three (3) courses: S77°24'11"E a distance of 343.47
feet; thence 1512.78 feet along the arc of a curve to the right, having a radius of 1095.92 feet; a central
angle of 79°05'22" and subtending a chord bearing of S37°51'33"E a distance of 1395.50 feet; thence
S01°41'08"W a distance of 1038.62 feet; thence N49°57'25"W a distance of 110.8E feet; thence
N67°01'27"W a distance of 419.92 feet; thence N71°06'37"W a distance of 73.94 feet; thence
4
NMInFIT VANili tiall,Wrilill Al,��h',
0296
12/31/2 X
00712:0J32 PM Jean Alberiao
5 of 7 Reo Fee:$36.00 Coo Fee:0.00 GARFIELD COUNTY Co
N54903'08"W a distance of 109.24 feet; thence N83°43'30"W a distance of 172.14 feet; thence
N64°18'03"W a distance of 428.17 feet; thence S52°24'27"W a distance of 88.42 feet to the Northeast
comer of a Parcel of land described at Reception No. 502529; thence along the Northerly boundary line of
said Parcel the following two (2) courses: N49°20'08"W a distance of 359.28 feet; thence N79°37'28"W a
distance of 224,18 feet to a point on the Easterly Right of Way line of Spencer Parkway as recorded under
Reception No. 541093; thence N35°39'18"W a distance of 108.82 feet to a point on the Westerly Right of
Way line of said Spencer Parkway; thence along said Westerly Right of way the following five (5) courses:
58.03 feet along the arc of a non -tangent curve to the right, having a radius of 1050.00 feet, a central angle
of 03°09'59" and subtending a chord bearing of N33°54'00"E a distance of 58.02 feet; thence N35°28'59"E
a distance of 668.74 feet; thence 379.48 feet along the arc of a curve to the left, having a radius of 950.00
feet, a central angle of 22°53'14" and subtending a chord bearing of N24°02'22"E a distance of 376.97 feet;
thence N 12°35'46"E a distance of 427.56 feet; thence 31.42 feet along the arc of a curve to the left, having
a radius of 20.00 feet, a central angle of 90°00'00" and subtending a chord bearing of N32°24'14"W a
distance of 28.28 feet to the point of beginning. Said Parcel contains 56.17 acres more or less. Said Parcels
are subject to easements and encumbrances of record.
6. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number
333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal
Meridian, Garfield County, Colorado, being more particularly described as follows:
Beginning at a paint along the Easterly Right of Way line of the East Battlement Parkway as
recorded under Reception No. 398268, whence the Northeast Corner of said Section 8 bears N29°49'10"E a
distance of 2672.29 feet, with all bearings being relative to a bearing of NOO°58' 10"E a distance of 2605.18
as found between a found 2 314" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4"
Aluminum Cap at the East 1/4 Comer of said Section 8; thence along said Easterly Right of Way line the
following two (2) courses: 126.66 feet along the arc of a curve to the right, having a radius of 1195.92 feet,
a central angle of 06°04'05" and subtending a chord bearing of SO4°20'54"E a distance of 126.60 feet;
thence S01°41'08"W a distance of 1445.16 feet to a point on the boundary line of said unplatted lands of
Battlement Mesa PUD; thence along said boundary line S88°43'14"E a distance of 993.55 feet; to the
Southwest Corner of Lot 1, Block 1, The Highlands Filing 1 according to the Final Plat thereof recorded
under Reception No. 344062; thence along the boundary of said Lot 1 the following six (6) courses:
NO1016'46"E a distance of 325.00 feet; thence N16026'22"E a distance of 62.35 feet; thence N48°16'46"E a
distance of 58.00 feet; thence S88°43'14"E a distance of 180.00 feet; thence S01°16'46"W a distance of
60.00 feet; thence S35°04'04"E a distance of 97.85 feet to the East Boundary Cine of said Section 8; thence
along said East Boundary line N01 °33'31"E a distance of 1028.10 feet to the East 1/4 Corner of said
Section 8; thence continuing along the East Boundary line of said Section 8 N00°58'10"E a distance of
96.88 feet; thence N81°37'17"W a distance of 1300.28 feet to the point of beginning. Said Parcel contains
41.35 acres more or less. Said Parcel is subject to easements and encumbrances of record.
7. Tract 3, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according
to the plat recorded February 8, 2006 as Reception No. 691970
8. Tract 4, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according
to the plat recorded February 8, 2006 as Reception No. 691970
9. Tract 5, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according
to the plat recorded February 8, 2006 as Reception No. 691970
10. Tract 6, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according
to the plat recorded February 8, 2006 as Reception No. 69197
11. A parcel of land situated entirely within a tract of land described at Reception No. 408506, also being
entirely with the Battlement Mesa P.U.D., County of Garfield, State of Colorado, Sections 7 and 18,
5
111111111%MM Ai 11ri1ria1itik WIN 11111
Reception#: 740248
12!31!2007 12:01:32 P11 Joan Albaricc
6 of 7 Rao Fee:$36.00 loc Fel:0.00 GARFIELD COUNTY CO
Township 7 South, Range 95 West of the 611' Principal Meridian, being more particularly described as
follows;
Beginning at the northwest corner of The Fairways, Phase I, recorded as Reception No. 530565
also being on the east right-of-way line of Battlement Parkway West; thence along the easterly right-of-way
of said Battlement Parkway West of the following three (3) courses: 471.88 feet along the arc of a curve to
the right, having a radius of 950.00 feet, a central angle of 28°27'35", and subtending a chord bearing N
61°01'12" E a distance of 467.04 feet; thence N 75°15'00" E a distance of 340.50 feel; thence 429.83 feet
along the arc of a curve to the left, having a radius of 550.00 feet, a central angle of 44°46'40", and
subtending a chord bearing N 52°51'40" E a distance of 418.98 feet to an angle point along the westerly
line of Lot 1, Block 2, Burning Rock Subdivision recorded as Reception No. 371427 of the records of the
Clerk and Recorder of said Garfield County; thence the following four (4) courses along the westerly
boundary of said Lot 1; S 51°00'00" E a distance of 186.70 feet; thence S 00°00'00" E a distance of 310.00
feet; thence S 55°29'30" W a distance of 754.25 feet; thence S 30°40'00" W a distance of 605.59 feet to the
north lute of Willow Creek Village, Section No. 2, recorded as Reception No. 322310 of said Garfield
County records; thence N 5739'08" W a distance of 277.40 feet along the north line of said Willow Creek
Village, Section No. 2 to the southeast corner of said The Fairways, Phase 1; thence along the easterly and
northerly boundary of said The Fairways, Phase 1 the following thirteen (13) courses: N 00°31'24" W a
distance of 20.64 feet; thence N 12°20'41" E a distance of 44.00 feet; thence 23.36 feet along the arc of a
non tangent curve to the right, having a radius of 15.00 feet, a central angle of 89°12'39", and subtending a
chord bearing N 33°03'00" W a distance of 21.07 feet; thence 33.36 feet along the arc of a compound curve
to the right, having a radius of 100.00 feet, a central angle of 19°06'41", and subtending a chord bearing N
2l006'40" E a distance of 33.20 feet; thence N 30°40'90" E a distance of 235.19 feet; thence 50.32 feet
along the arc of a curve to the right, having a radius of 200.00 feet, a central angle of 14°25'00", and
subtending a chord bearing N 37°52'30" E a distance of 50.19 feet; thence 23.54 feet along the arc of a
curve to the right, having a radius of 15.00 feet, a central angle of 89°53'50", and subtending a chord
bearing S 89°58'05" E a distance of 21.19 feet; thence N 44°58'50" E a distance of 44.00 feet; thence N
45°01'10" W a distance of 145.40 feet; thence 23.54 feet along the arc of a compound curve to the right
having a radius of 15.00 feet, a central angle of 89°54'04", and subtending a chord bearing N 00°04'08" W
a distance of 21.19 feet; thence N 34°52'57" W a distance of 44.66 feet; thence 23.40 feet along the arc of a
non -tangent curve to the right, having a radius of 15.00 feet, a central angle of 89°22'04", and subtending a
chord bearing N 89°42' 12" W a distance of 21.10 feet; thence N 45°01'10" W a distance of 163.18 feet to
the point of beginning.
12. Being a 36.77 acre parcel of land situated in the East half of Section 13, Township 7 South, Range 96 West
of the 6th P.M., County of Garfield, Colorado, and being more particularly described as follows!
Commencing at a point of reference for the southeast corner of said Section I3, and considering
the line between the southwest quarter of Section 18 and the southeast quarter of Section 13 to bear North
01°05'12" East with all bearings contained herein relative thereto; thence North 41°18'27" West 1906.04
feet to the point of beginning; thence South 75°25'51" West 1807.59 feet to a point on the boundary of the
Battlement Mesa P.U.D. (Reception No. 333476); thence along the P.U.D. boundary the following seven
(7) courses and distances:
1. North 30°21'25" East 80.00 feet,
2. North 35°25'25" East 644.58 feet,
3. North 29°17'25" East 829.38 feet,
4. North 40°24'25" East 99.86 feet,
5. North 36°27'25" East 150.05 feet,
6. North 34°54'25" East 163.27 feet,
7. North 31°12'21" East 266.75 feet,
Thence departing said P.U.D. boundary and along the following two (2) courses and distances:
1. South 43°12'52" East 843.18 feet,
2. South 02°21'22" W. 807.89 feet to the point of beginning.
13. A tract in the S1/2 of Section 13, Township 7 South, Range 96 West of the 6'h P.M. more particularly
described as follows:
6
A�ll�ilM"h�flH1HReceptj0 s 7402943
7 of 12I3112007 12;0};32 If dean Alberico
7 Rec Fee438.00 Doc Fee:0.00 GARFIELD COUNTY CO
Beginning at the southeast corner of Section 13, thence North 55°225'29" West 1180.60 feet to the
point of beginning; thence South 59°29'16" West 1225.50 feet; thence North 88052'30" West 202.82 feet;
thence North 00°00' East 461.13 feet; thence North 81°10' West 955.94 feet; thence North 26°28'25" East
232.98 feet; thence North 30°21'25" East 126.15 feet; thence North 75°25'51" East 1807.59 feet; thence
South 20'35'01" East 813.75 feet to the point of beginning.
14. Lot 2, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat
recorded May 28, 1986 as Reception No. 371427
15. Lot 1, Block 1, Monument Creek Village, Filing #4, according to the plat recorded January 29, 1986 as
Reception No. 368452
16. A tract of land Tying, and being situate within Section 19, Township 7 South, Range 95 West, of the Sixth
Principal Meridian, in Garfield County, Colorado, and being more particularly described as follows:
Beginning at a point an the South right-of-way line of Stone Quarry Road, whence the quarter
comer common to Sections 19 and 20, Township 7 South, Range 95 West, of the Sixth Principal Meridian
bears South 66°57'07" East, a distance of 2087.56 feet; thence South 01°25'26" East, a distance of 56.90
feet; thence South 64°46'28" West, a distance of 506.10 feet; thence South 86°10'00" West, a distance of
150.04 feet; thence North 69°31'58" West, a distance of 112.58 feet; thence North 07°52'20" West, a
distance of 119.40 feet; to a point on the South right-of-way on Stone Quarry Road; thence North
80°15'34" East along the South right-of-way line of Stone Quarry Road, a distance of 738.00 feet, to the
place and point of beginning.
17. That property identified as Common Open Space within Block 2, Burning Rock Subdivision, a part of the
Battlement Mesa P.V.D., according to the final plat recorded May 28, 1986 as Reception No. 371427
18. That property identified as Common Open Space within River Bluff Filing 9 - Replat, a part of the
Battlement Mesa P.U.D., according to the plat recorded May 7, I984 as Reception No. 352082
19. That property identified as Open Space within Jack's Pocket Village Filing 5, a part of Battlement Mesa
P.U.D., according to the plat recorded February 22, 1988 as Reception No. 389773
20. Tract D, Block 2, The Fairways, Phase 1, according to the final plat recorded August 17, 1998 as Reception
No. 530565
21. That property identified as Restricted Reserve "B" within Stone Ridge Subdivision, a Resubdivision of
Blocks 4, 5, 6, 7, 8, 9, 10 and 11, Monument Creek Village, Section Two, Battlement Mesa P.U.D.,
according to the plat recorded July 31, 1995 as Reception No. 481259
22. Lot 1, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D.,
recorded May 28, 1986 as Reception No. 371427
23.
24.
Lot 3, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa PILO.,
recorded May 28, 1986 as Reception No. 371427
according to the final plat
according to the final plat
Block 1, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat
recorded May 28, 1986 as Reception No. 371427
7
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Jean Alberico, Garfield County, Colorado
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TEMPORARY RIGHT-OF-WAY AGREEMENT
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
KNOW ALL MEN BY THESE PRESENTS:
This Temporary Right -of -Way Agreement ("Agreement") made effective this
215t day of July, 2017 (the "Effective Date") is entered into by and between Marl M.
Martin and Patricia L. Martin, whose address is 700 County Road 303 Parachute,
Colorado 81635 ("Grantor"), and Ursa Operating Company LLC, a Delaware limited
liability company, whose address is 1600 Broadway, Suite 2600, Denver, Colorado
80265 ("Grantee").
WHEREAS, Grantor is the owner of the surface of certain lands, part of which
is described on Exhibit A which is attached hereto and incorporated herein (the
"Lands").
WHEREAS, Grantee wishes to receive
Lands as such right-of-way and easement is
(the "Easement").
WHEREAS, Grantor wishes to grant
wishes to accept the Easement and use the
this Agreement.
a right-of-way and easement across the
more particularly described on Exhibit A
the Easement to Grantee and Grantee
Easement pursuant to the provisions of
NOW, THEREFORE, for and in consideration of One Hundred Dollars and
00/100ths ($100.00) and other good and valuable consideration the receipt and
sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows:
Grant of the Easement. Grantor does hereby grant and convey to Grantee, its
successors and assigns, a free and unobstructed easement and right-of-way,
for three (3) years from the time of first use of the facility, as described on
Exhibit A
Grantee's Use of the Easement. Grantee shall have all of the rights and
benefits necessary and convenient for the full enjoyment and use of the
Easement and the rights herein granted, including, without limitation, the
right of ingress to and egress.
2. Covenants Running with the Land. This Agreement, together with the other
provisions of this grant of Easement, shall constitute covenants running with
the land, binding upon Grantor, its heirs, legal representatives, successors
and assigns, for the benefit of Grantee, its successors and assigns. Grantee's
rights hereunder may be assigned in whole or in part to one or more
assignees.
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Jean Alberico, Garfield County, Colorado
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3. No Warranty of Title. Grantor makes no warranty of title in entering into this
Agreement; provided, however, if it is determined that Grantor does not have
the right to authorize Grantee to use the lands affected by this Agreement
for the purposes set forth herein, then Grantee's sole remedy shall be to
recover from Grantor those payments made by Grantee for the rights which
Grantor did not have the right to grant to Grantee.
4. Grantee's Activities. Grantee warrants and agrees that it will comply with any
and all laws, ordinances, orders, rules, regulations.
5. Entire Agreement. This Agreement constitutes the entire understanding
among the Grantor and Grantee, their respective partners, members,
trustees, shareholders, officers, directors and employees with respect to the
subject matter hereof, superseding all negotiations, prior discussions and
prior agreements and understandings relating to such subject matter.
6. Reservation by Grantor. Grantor hereby reserves the right to use the
Easement in any manner that will not prevent or interfere with the exercise
by Grantee of its rights hereunder.
7. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original and all of which together shall constitute
on and the same instrument.
In witness whereof, Grantor has executed this Agreement on the date set forth
in the acknowledgments below.
GRANTOR
Mari M. Martin
GRANTEE
Ursa Operating Company LLC
r-
7
Don Simpson, V of Business Development
Patricia L. Martin
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Jean Alberico, Garfield County, Colorado
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Exhibit A
Attached to and made part of that certain Temporary Pipeline Easement and Right -
of -Way, made effective the 21st day of July, 2017, by and between Marl M. Martin
and Patricia L. Martin, Grantor, and Ursa Operating Company LLC, a Delaware limited
liability company, Grantee.
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Jean Alberico, Garfield County, Colorado
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ANDERSON
-A'tVJLL`:T
ARID -NEW'
LEGEND
* ■ w r Existing Access
Garfield County Parcels
Ursa
EXHIBIT A
MARTIN ROW AGREEMENT
imag
Con:14