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Home My WebLink About1.0 Application September 18, 2017 Garfield County Community Development Department 108 8 th St Suite 401 Glenwood Springs, CO 81601 Re: Comprehensive Plan Text Amendment Application The purpose of the proposed Comprehensive Plan text amendment is to create a new Land Use Designation in Chapter 2: Future Land Use, as follows: ●Land Use Designation: Residential Village (RV) ●Description: Residential neighborhood with the following attributes; a) located within ¾ mile of a Village Center and transit stop location to encourage walkability and bikeability to the supporting commercial / transit facility, b) has internal walk and bike facilities as well as be connected by such infrastructure to supporting commercial / transit facilities, c) utilizes clustering to maximize open space, parks and trails, d) is within a centralized, special district water and sewer service area, and e) with little geohazard risks. Density within the designated range to be determined by amount of clustering, degree of alternative transportation access, and public benefit. ●Compatible Zoning: Residential Urban (RU), Planned Unit Development (PUD) ●Density: 5-10 du per acre ●Example: The proposed Text Amendment meets the following Standards for Approval: 1.The existing Comprehensive Plan and/or any related element thereof is in need of the proposed amendment. a.According to the existing Comprehensive Plan Land Use Designation for Village Center, “Village Centers are areas where there is a concentration of residential development, and, commercial development that is intended primarily for the convenience needs of surrounding residential development.” The Compatible Zoning of the Village Center Land Use Designation includes the Residential Urban (RU) Zone District comprised of Page 1 of 3 high-density urban residential uses, including multi-family developments. However, the existing Comprehensive Plan does not have a Land Use Designation that allows for such ‘concentration of residential development’ near a Village Center. The Comprehensive Plan is in need of the proposed Plan Amendment in order to allow future growth which is compatible with the goals and policies of the Plan. b.In the Plan Element - Housing, the Goals include; 1) To bring about a range of housing types, costs, and tenancy options, that ensure for our current and future residents affordable housing opportunities in safe, efficient residential structures, and 2) Mixed use Rural Centers are encouraged in locations that can be serviced by transit. This proposed Plan Amendment helps to accomplish those goals. c.In the Plan Element - Housing, the Policies include; Encourage providing affordable housing in areas where cost-effective transportation exists. This proposed Plan Amendment requires the Land Use be near bus transit. 2.Strict adherence to the Plan would result in a situation neither intended nor in keeping with other key elements and policies of the Plan. a.Strict adherence to the Plan would discourage development of a range of housing types, costs, and tenancy options, that ensure for our current and future residents affordable housing opportunities in safe, efficient, residential structures in areas where urban services are available and cost-effective transportation exists to lower the overall cost of living. 3.The proposed FLUM amendment is compatible with the surrounding area, and the goals and policies of the Plan. a.Addressed on the proposed FLUM amendment application. 4.The proposed FLUM amendment will have no major negative impacts on transportation, services, and facilities. a.Addressed on the proposed FLUM amendment application. 5.The proposed FLUM amendment will have minimal effect on service provision, including adequacy or availability of facilities and services, and is compatible with existing and planned service provision. a.Addressed on the proposed FLUM amendment application. 6.The proposed FLUM amendment will result in a logical and orderly development pattern and expansion of services and will not constitute spot zoning. a.Addressed on the proposed FLUM amendment application. 7.The County or the general area in which an FLUM amendment is proposed has changed or is changing to such a degree that the amendment is in the public interest. a.Addressed on the proposed FLUM amendment application. 8.The proposed amendment has a significant public benefit; will promote the public welfare. and will be consistent with the goals and policies of the Garfield County Comprehensive Plan and the elements thereof. a.Correct. The proposed amendment has a significant public benefit and will promote the public welfare. It addresses a number of issues highlighted in the Comprehensive Plan, particularly in the areas of housing, transportation, economics and employment. It will allow for the development of affordable, energy efficient, environmentally sensitive, housing near a Village Center, within walking distance to bus transit services and close Page 2 of 3 to urban services. It will reduce the commuting time for residents, assist area businesses in finding employees, help to diversify employment, and improve the long-term stability of the county economy. 9.The proposed designation on the FLUM is in compliance with the Goals, Strategies, and Policies of the Comprehensive Plan and any applicable intergovernmental agreement affecting land use or development. a.Addressed on the proposed FLUM amendment application. Sincerely, Ken Arnold Gatorcap LLC 611 S West End St Unit 9 Aspen, CO 81611 305-790-6327 Page 3 of 3 ~. Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TYPE OF APPLICATION D Administrative Review D Limited Impact Review D Major Impact Review ·------------~ ·- D Amendments to an Approved LUCP D LIR OMIR OsuP -----·-· ·--·· ------D Minor Temporary Housing Faci l ity - D Vacation of a County Road/Pub li c ROW c- LAND USE CHANGE PERMIT APPLICATION FORM D Development in 100 -~ear Flood.plain D Development in 100-Year Floodplain Variance D Code Text Amendment ! -------·---···------! D Rezoning i D Zone DistrictO PUD D PUD Am e ndm en t i ·--·· ·------· -------·· --; D Administrative Interpretation I D Appeal of Administ rat iv e Interpretation -1 D Location and Extent Review D Areas and Activiti es of State Interest -·-----· ---~· -------------Iii Comprehens ive Plan Amendment D Accommodat ion Pursuant to Fair Hous i ng Act I I - D Pipeline Development D Variance -----·-------_J ·--· --·--··-·- D Time Ex tensio!.l_ __ (a lso chec_k type ~f original~e_e lication) I -···· ·-··· --·----·· --·-.•.. ··-· ---···-···--··-·--·-----; INVOLVED PARTIES Owner/ Applicant Name: Oscar Cerise and Wi lma Cerise Main Ranch Company L.L.L.P . I Gatorca p LLC Phone: ( ) Mailing Address: City: State: Zip Code: E-mail : ---···· ·-·----·----····---·----·· ··················-··----·--····--·-·----·····-·· ···-· ··--·-· -· --· ··-· -. ····-·--··-- Representative (Authorization Required) Name: Ken Arnold , Managing Member Phone: ( 305 ) 790 -6327 Mailing Address : 611 S West End St Unit 9 City: Aspen State: CO Zip Code: 81611 E-mail : ken@gatorcap .com PROJECT NAME AND LOCATION Project Name: 16411 Hwy 82 Assessor's Parcel Number: 2391 -311 -00 -013 ------------ Physical/Street Address: 1 64 11 HWY 82 , Carbondale , CO 81623 Legal Description: See Attached Zone District: Rural (R) Property Size (acres): -41.64 I I I ·-· ··-···----· ·-. ··-···· --···-··-· _ ...... --···-------••••••••••M PROJECT DESCRIPTION Existing Use: _A_gr_icu_11u_re ________________________________ _ Proposed Use (From Use Table 3-403): _R_es_1d_e_nt_1a_1._dw_e_11,_ng_._si_ng_1e_-u_n_it _______________ _ Description of Project: Res id ential development in accordance w ith th e Residential Village Land Use Designation REQUEST FOR WAIVERS Submission Requirements D The Applicant requesting a Waiver of Submission Requirement s per Section 4-202 . List : Section: ______________ Sec tion : _______________ _ Section: Section : _______________ _ Waiver of Standards D The Applicant is requ es ting a Waiver of Standards per Section 4-118. List : Sec tion : ______________ Section : _______________ _ Section : Section: _______________ _ ~------------------·-----------------·-·-- I have read the statements above and have provided the required attached i nformation which is correct and accurate to the best of my knowledge. ,~?k?/l''/ ~j_~c:f~o/kC:: y! 7f"" h Signature of Property Owner -c;,.-c:::J~n~ c::::f/ ,,.~/A/ "-Date I ~~Pl"'~ ~/n-~/- OFFICIAL USE ONLY File Number: Fee Paid:$ ____________ _ ---------·-- LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: A TRACT OF LAND SITUATED IN LOTS 1 AND 8 OF SECTION 31 AND IN LOT 5 OF SECTION 32, ALL IN TOWNSHIP 7 SOUT H, RANGE 87 WEST OF THE 6th PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING NORTHERLY OF AND ADJACENT TO THE NORTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 82 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY BOUNDARY LINE OF SAID LOT 8 AND THE NORTHERLY RIGHT-OF-WAY LINE OF SAID HIGHWAY NO. 82 WHENCE A STONE FOUND IN PLACE FOR THE WITNESS CORNER TO THE NORTHEAST CORNER OF SAID SECTION 31 BEARS N 41°44'10"E 1355.70 FEET; THENCE S 79°55'52"E 2351 .84 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO A POINT ON THE WESTERLY BOUNDARY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 514 AT PAGE 870 AS RECEPTION NO. 288099 OF THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER, ALSO BEING A POINT IN A FENCE AS Built AND IN PLACE; THENCE ALONG SAID FENCE ON THE FOLLOWING FIVE(5) COURSES: N 00°33'36"W 538.41 FEET; THENCE N 01°36'00"W 43.77 FEET; THENCE N 03°34'31"W 79.03 FEET; THENCE N 00°00'38"E 208.86 FEET; THENCE N 61°12'52"W 238.22 FEET; THENCE LEAVING SAID FENCE ON A COURSE BEARING NORTH FOR 4.31 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID LOT 5 IN SAID SECTION 32; THENCE WEST 1835.42 FEET ALONG THE NORTHERLY BOUNDARY LINES OF SAID LOT 5 IN SAID SECTION 32 AND LOT 8 IN SAID SECTION 31; THENCE N 60°44'03"W 298.63 FEET; THENCE S 00°02'13"E 723.71 FEET TO THE POINT OF BEGINNING cG Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of O scar Cerise and Wilma Cerise Main Ranch Company L.L.L.P. a Colorado (co rpo ration, Ii m ited liability company, genera l partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity''), and states as follows: The name of the Entity i s Oscar Cerise and Wilma Cerise Main Ranch Company LL.LP. and is formed under the laws of Colorado --------------------------The mailing address for the Entity is 175 County Road 105, Carbondale , CO 81623 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Michael B. Cerise , General Partner The limitations upon the authority of the person named above or holding the position desc ribed above to bind the Entity are as follows (if no limitations, insert "None"): _N_o_ne ___________ _ Other matters concerning the manner in which the Entity deals with any interest in rea l property are (if no other matter, leave this section blank):---------------------- EXECUTED this 2J tHday of ...... h_~-=-,J!->-L'--"1c>_f' ______ __,, 20 i J Signature /;k ( ~ ~ Name (printed): l\.t\ '' td"('v <.A f2 C.£ 12.<K Title (if any): 6£ 1 ~ft ( p~/1 _µ_....- STATE OF ~M r~dtJ COUNTY OF 6;ar-Jlv ·e(cfl ) )SS . ) The foregoing in strument was acknowledged before me th is 2 'f "day of Jl,,t:' 5,/-• 20 t 7 se by At l. m e/ Lr!! t'1 -se. , on beha If of O>c.o t te'f' > ~ d JI/,/ >!1<?I C..e l. a p &J-nl!'r /J1q,11 p,qnc, h Ca;n~~ L . L . · Witness my hand and official seal. My co mmission expi re s: ifb 0'1, )Of/ (Date) [SEAL) Garfield County STATEMENT OF AUTHORITY Pursuant to C.R .S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Gatorcap LLC , a Florida (corporation, limited liability company, general partnership, reg istered li mited liabi l ity partnership , registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capab le of holding title to rea l property (the "Entity"), and states as follows: The name of the Entity is _G_a_to_rc_a_p_L_L_C ________________________ ~ and is formed under the laws of Florida -------------------------~ The mailing address for the Entity is 4770 Biscayne Blvd Ste 720 , Miami , FL 33137 The name and/or position of the person aut horized to execute instruments conveyi ng, encumbering, or otherwise affecting title to real property on behalf of the Entity is Ken Arnold , Managing Member The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as fo ll ows (if no li mitatio ns, insert "None"): _N_o_n_e ___________ _ Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this sect ion blank):----------------------- ,20 / 2 . ~/ Signature :-~----..--:,-----...,,~--~~-+;--- Name (printed): *J/!L) ~ Tit le (if any): ~:lijt__,4-;a;;~ ~ STATE OF COUNTY OF ____ h-e .e I DK ) )SS . iArtat1 t -~ i The for::=ing instrument was acknowledged before me this 7,,,-3 day of _.,._;f,...__6_<1_>_~ __ __, by ~ "1t'rH-ftR;; v!J?. , on behalf of Aro !Z c _...----.... ha e ( <>A--1-i-c__ [SEAL] ''""""'' JEFFREY MICHAEL OSHINSKY ............. l ,,,,.-,,. 833 f'..o~''•\ Commiss ion # GG 46_ ~· ;; My Comm i ssio n Ex pi res -...~ ..... ,_.~$ November 14 , 2020 ''''""'''' August 23, 2017 Garfield County Community Development Department 108 8th St Suite 401 Glenwood Springs, CO 81601 Re: Letter of Authorization Property located at 16411 Hwy 82, Carbondale, CO 81623 (-41.64 acres) Dear Garfield County Community Development Department, I, Michael 8. Cerise, General Partner of Oscar Cerise and Wilma Cerise Main Ranch Company, LL.LP. hereby allow Ken Arnold, Managing Member of Gatorcap LLC and/or his assigns, to represent Oscar Cerise and Wilma Cerise Main Ranch Company, LL.LP. on the application for a Comprehensive Plan Text Amendment, a Future Land Use Map (FLUM) Amendment, and the Planned Unit Development for the above described property. Executed this )Att+day of _~_c-1'1 _w_~ +-_____ , 2017 . I ' /' Signature: 1 A _ {JJ / .D (__]\.__. Name (printed): r1 1< q r..<.,l f:> Ct: fZ f'..A Title (if any): (;r tf : r M Pe /ti -He-< STATE OF COLORADO COUNTY OF 6tarf ,.e( cl The foregoing instrument was acknowledged before me this 2 '1 f~ay of dw{Jt-$f-, 2017 by dt-t.-kaf'( L,er1 >e on behalf of . OtcQr ter ,-s e q#fp/ /#:fl?f q C~r,»-Q.._A'tfY,-"1 fSq~ih t,on117~np-L .L..l.e' a &bee ~ >: ~~=ur.. (Notary's official signature) or, 2011 (Commission Expiration) (Notary Seal) cG Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of O scar Cerise and Wilma Cerise Main Ranch Company L.L.L.P. a Colorado (co rpo ration, Ii m ited liability company, genera l partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity''), and states as follows: The name of the Entity i s Oscar Cerise and Wilma Cerise Main Ranch Company LL.LP. and is formed under the laws of Colorado --------------------------The mailing address for the Entity is 175 County Road 105, Carbondale , CO 81623 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Michael B. Cerise , General Partner The limitations upon the authority of the person named above or holding the position desc ribed above to bind the Entity are as follows (if no limitations, insert "None"): _N_o_ne ___________ _ Other matters concerning the manner in which the Entity deals with any interest in rea l property are (if no other matter, leave this section blank):---------------------- EXECUTED this 2J tHday of ...... h_~-=-,J!->-L'--"1c>_f' ______ __,, 20 i J Signature /;k ( ~ ~ Name (printed): l\.t\ '' td"('v <.A f2 C.£ 12.<K Title (if any): 6£ 1 ~ft ( p~/1 _µ_....- STATE OF ~M r~dtJ COUNTY OF 6;ar-Jlv ·e(cfl ) )SS . ) The foregoing in strument was acknowledged before me th is 2 'f "day of Jl,,t:' 5,/-• 20 t 7 se by At l. m e/ Lr!! t'1 -se. , on beha If of O>c.o t te'f' > ~ d JI/,/ >!1<?I C..e l. a p &J-nl!'r /J1q,11 p,qnc, h Ca;n~~ L . L . · Witness my hand and official seal. My co mmission expi re s: ifb 0'1, )Of/ (Date) [SEAL) ~· ·_: . ·:-:··. ·, ·-~-. - Recorded at -~-'---- Receptior.. No.---""=-=~=-'"'--- ·.:•:..;4- '· ·:1<:-.·· .--: .. <'.~.:-· .. ·: .... :.:: :.•·"'~::-..;' .. ::· ... ~.:"-. •;:.~: .. -." ·-·--,. KNOW'ALL'MEN BYTHESEPRESENTSTHAT . . '.· ...... , ·-.,-·.,;~-: -, ···-..... , .. _.-,'~-~-.. ..,:--".'. ·.-•,;,·' :. ,-; '-, -~..--. ; ,'···;•.;, .• :~:-·•·.-·:;-·. '--·-.:~~ ,, .... -(-·~--,_ _:.~_:_,.-_. ·.:":t.- -.. ·,~ · .. ·c.··-: -. •, ... -:~ .. : -·: ._·. ·' · .. · -. .. ~ :-·. ':-.:.:-.;.: .. j ~--..: .· ·._' ~:, __ :··-~~·_;.-.. ' '"::.~ ~ .. '.:/·. ,.· cisc:,L\R' cE'1dSE·;~ria wtl:MA'. CERISE';' . ·;. ' ':· .. : ,' . 0 ' f> '; '. ··' FirsfParty 0 ·:.·.:;;:J.;(;°'" ·' · ·:=;':'.'. _":2 ! • ''' :• .• , · •. .. .. ·· . *·d ;~-c~iorado Cor~o;~tion· · 0281 t6iinf{.lfoad·ros>~: ... .. · -~. ··•.· ·.··:~:.~~~,~~~rs~ip·'.·.·" ••.. PO 'Box or''Sfreet'Address · ''' ·· ' · · ·:;·.· .;;:;:.·) ~ .. •.;,._·: .. ;a .. :_,L_·.·.i~ .. ·.')!'.~:r::~r.to.e~~hip .. ··carbo~dh:~{·c6io~Kd?.Bt623 .. , ··.··.··>· .. C'.'.-.~>·.·.·.•··.··· ··.{ .. ··· "'::.·· City· .. •.· ··"' .. · ;., ·~' :;. ·' ;~;i:)t;a!~ ;·:;·, t;/\"',·;)'.)p ;'•\':;~;-,y ;">'>;, ... ·, \:· ·:'>. . ... • ,,, .. for and incorisideratiOri of fori dollars and o~neiv~luabl.~t~n~idehltiori; i.n·tiahd•p~Jd,M~e:byse!I$ arid'gtiitclairnst.o . :·-'. . .'~'":~-... ~~ ... --. -·· .. ·.-.·~ . -~-· ,_ .. --.,_: . -._ :.· ............ ;~_::•:'": ·; ... ;:-::~:.-:'~:.· .. ··_;,~·:'. -~~:::~{--~i-~: ... _ :~-,:-'.' '·:.~--" :-:·_,,._ ···-<'":' .. ._,., <·-_, __ :_:.· .·i·-'_··_::.--~·::-•, .,· :· , .. _. · .. ··_< : ... --.., ·:·_,.· .: ·. -~ . .'~.-· ',:J~ .•• -~:-... '.".c .·:·.-::.•·:~:",:.·-;·:~~· • .•.• ; .-:~· .... : -r~'··· ·:··-_; .• '' .,. ..-."·_·::,:. ::~1~~~~~~~~1·::::tF"~81~~~~;coM::::N'?l't~~~:;o,i <zL .. City . ·.·~::state}'<,,. /'o:';:':?ip'·' ';>:::: ·''>'{, •. o .. : · · · '· .. r.• th• 10110W1'i ~~~,~~ ";~7•rtrio·t;:;~o~jf i\"~:~~;!~J.a ···.···: <~"?·~'''' "'~'·f '~~f ·£ •. ·. . . .··•· Osca'~; c~rise: .. an9;:wnrna::o.c.~tfse(Rciari.h9'.J}ir.~·~Jdv.e(;R~nch: ?~: pa"r:tit; 4t9fts<· ;.0 : ' des_cribed i'.n:Exhibi't "A" _attached h_ereto an_d·by-reference made 'a part .. '.<'"": hereof.· , .-.-:. ·. " · -~~ .. ,.-. ,, ·,_ : -'_; ·, ·-. -..· ,_._ ·· '--.-.' .... , .. ' :·,; . -~:.: -~-.~. ~' ··--. .:.-···-··:.-:·~::~::;: 1-·.--: ~::•.· ;:'·:.·~·:,. '. -:·:~:'-,..:.. ·._. ··--~·'.:.:-·:. ·_:::: . <· ·.· I";.·;.;>:.)::.·.:-~·~~;·_.:'~-.-·. ·:"'., ·:~---·~·.::~---~:.~·'--: -·-;;. ,,-... ·,_ .. _,.·.~- ·.r': ··-,·,:-- with all its appurtenanc~s. -, -~;: ' .. , ;._:,. , : :'=-·:-, __ :.. ·-<:~· . . · ,. ··::,::: -,.-._-: ... :::_: EXECUTED this~ day of __ __,J:..::u:.:..:n.=.e ___ , A.O. 19-2!_. STATE OF COLORADO 'coUNTY OF GARFIELD ) ) SS. ) o·~ Osc~ar erise /c) -' .(' /,f/'1 ~ <.O ./1....1/J.,.,? Oscar Cerise as attorney in fact for Wilma Cerise The foregoing instrument was acknowledged before rrie this 13th day of ___ J,.,u"'n""e~---,---- 1e_J_L_by 8scar Cerise and Oscar Ceri.se as attorney in fact for Wilma Gerise. ·.• ·- /-Witness my hand and ·offi~ial seal. My cbrrl'misslori expires: 2.:.27-97 • • •• ;i..' • \~ \ NOTE: • Marl< 11ppllcabla square .with x. Singular ah11ll Include plural as·context requlrae. ' ·~~~~~~~~~~~~--~~~~~~~~~~~~~~~~~~~~~~~~~~~~~· After recording return to: Petre &i:re\~C~T~': Pf:-;-f>0 :mcf. Drawer 400, Glenwood Springs, CO 81602 \o'~ soo~0905P~cf 7~3 EXHIBIT "A" TO BE ATTACHED TO A QUITCLAIM DEED FROM OSCAR CERISE AND WILMA CERISE AS FIRST PARTY TO OSCAR CERISE AND WILMA CERISE AS SECOND PARTY OSCAR CERISE AND WILMA CERISE ROARING FORK RIVER RANCH Township 7 South, Range 87 West of the 6th P.M. Section 31: Section 32: That part of Lot 1 as particularly described in a quitclaim deed from John R. Carlson and Portia A. Carlson, recorded as Document No. 289765 in Book 518 at Page 415 of the Garfield County records, containing 0.329 acres, more or less. Lots 8 and 9 That part of Lot 10 lying northerly of the centerline of the Roaring Fork River recorded as Document No. 188818 in Book 282 at Page 487 of the Garfield County records. Lots 5 and 13, except the east 306.5 feet thereof Also an Access Easement Agreement 30 feet in width situate in Lots 4 and 5 of said Section 32 and Lot 1 of said Section 31 as particularly described in Access Agreement recorded as Reception No. 288102 in Book 514 at Page 875 of the Garfield County records. Except the following described tracts of land, to-wit: (1) A one-acre tract of land situate in said Lot 8 conveyed to Lorain R. Herwick and Esther M. Herwick by deed recorded as Document Nol. 213530 in Book 333 at Page 511 of the Garfield County records. (2) A tract of land conveyed to John R. Carlson and Portia A. Carlson for use as a joint access easement as particularly described in Quitclaim Deed recorded as Reception No. 288099 in Book 514 at Page 870 of the Garfield County records. (3) Except the tracts of land conveyed to the Department of Transportation of the State of Colorado and recorded as Reception Nos. 438360 in Book 840 at Page 224, Reception No. 433680 in Book 828 at Page 822, Reception No. 457087 in Book 887 at Page 640. Subject to the restrictive access limitations as imposed by Court Order recorded as Document No. 457087 in Book 887 at Page 640 of the Garfield County records. All of the above-described property contains 129 .38 acres, more or less. Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239129300082 16704 82 HWY CARBONDALE CHRISTIAN, EVAN RUSSELL R011062 101 S MILL STREET ASPEN, CO 81611 239131100001 16470 82 HWY CARBONDALE MENDOZA, LUIS R011532 PO BOX 5140 SNOWMASS VILLAGE, CO 81615 239131100003 142 LIONS RIDGE RD CARBONDALE FRANKLIN, DUANE R R011154 142 LIONS RIDGE ROAD CARBONDALE, CO 81623 239131100013 16411 82 HWY CARBONDALE CERISE, OSCAR & WILMA R111311 0086 COUNTY ROAD 104 CARBONDALE, CO 81623 239131100017 16400 82 HWY CARBONDALE BARNETT, JAMES C AND NANCY J FAMILY TRUST-BARNETT, JAMES C & NANCY J TRUSTEES R011589 16400 HWY 82 CARBONDALE, CO 81623 239131100018 16460 82 HWY CARBONDALE PRATT, JAMES G & ANNE REVOCABLE TRUST R011623 PO BOX 1479 CARBONDALE, CO 81623 239131100019 16468 82 HWY CARBONDALE BENSON, DEE A R011624 16468 HIGHWAY 82 CARBONDALE, CO 81623 239131100032 100 COUNTY RD CARBONDALE BCR FAMILY LLC R007826 3400 N ADAMS ROAD OAK BROOK, IL 60521 239132200001 16472 82 HWY CARBONDALE ROARING FORK BAPTIST CHURCH R111418 16472 HIGHWAY 82 CARBONDALE, CO 81623 239132200026 16704 82 HWY CARBONDALE MID VALLEY BAPTIST CHURCH R011060 16472 HIGHWAY 82 CARBONDALE, CO 81623 239132200030 16476 82 HWY CARBONDALE TORNARE, RENE R011061 PO BOX 39 ASPEN, CO 81612 239132200031 16478 82 HWY CARBONDALE CALDWELL, JAMES MATTHEW R011611 PO BOX 725 CARBONDALE, CO 81623 ROW Not available null List of Mineral Estate Owners None Fees Application Review Fees Summary a.Planning Review Fees: $450 per application b.Referral Agency Fees: $TBD - consulting engineer/civil engineer fees c.Total Deposit: $450 per application (additional hours are billed at $40.50/hour) Amount Due with Applications a.Text Amendment Application = $450 b.Total = $450.00 8/29/2017 chrome-extension://nlipoenfbbikpbjkfpfillcgkoblgpmj/edit.html chrome-extension://nlipoenfbbikpbjkfpfillcgkoblgpmj/edit.html 1/1 =Et Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TAX PARCEL NUMBER: 239131100013 DATE: August 4, 2017 PROJECT: Arnold -Residential Land Lease Development OWNER: CERISE, OSCAR & WILMA REPRESENTATIVE: Ken Arnold PRACTICAL LOCATION: 16411 82 HWY, CARBONDALE 81623 ZONING: Rural TYPE OF APPLICATION: Comprehensive Plan of 2030-Future Land Use Map Amendment and Text Amendment (2 Applications) I. GENERAL PROJECT DESCR IPTION The applicant is considering a residential land lease development on a 41 acre parcel located north of Highway 82 and east of the County Road 100 intersection. The parcel is currently zoned Rural. Under the current designation, the property may have a density of 6.83 dwelling units {6 acres per dwelling unit) and have a minimum Lot size of 2 acres. The density proposal exceeds the current Comprehensive Plan designation of Residential Medium Density (6-10 acres per dwelling unit). As a result of the anticipated nature of the development and number of dwelling units {300), the applicant is considering a Comprehensive Plan Future Land Use Map amendment, Comprehensive Plan Text Amendment, and subsequent PUD for the property. The highest density Comprehensive Plan designation available is Residential High Density, which allows densities up to 1/3 of an acre per dwelling unit. Currently, the Residential High Designation is located across Highway 82. Under this Residential High designation, the property may have a density of 124 dwelling units on the 41 acres. As this is well shy of the proposed 300 dwelling units, the applicant will also need to apply for a Comprehensive Plan Text Amendment to create a new Land Use Designation in Chapter 2: Future Land Use. Presumably, this new Land Use Designation would allow for this type of density on the proposed parcel. The text and scope of this Designation will need to be fleshed out in the application. In addition, the application will need to include amendments to any other sections of the Comprehensive Plan that may be impacted by this new Designation. While the two applications are related to the same proposal, since there are technically two requests - a text amendment and a Future Land Use Map amendment -two separate applications will need to be submitted and voted on individually by the Planning Commission. As the Comprehensive Plan identifies very similar submittal and procedural requirements, the application may be processed concurrently with the text amendment being determined first and the Future Land Use Map amendment voted on following the determination of the text amendment. Both of the applications are considered within this Pre-Application Conference Summary. 11. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code of 2013, as amended Ill. REVIEW PROCESS -Comprehensive Plan Text Amendment and FLUM Amendment To process a Plan Amendment, the following steps should be followed: (all identified sections relate to the LUDC): 1. Pre-Application Conference. The Applicant shall schedule a Pre-Application Conference in conformance with Section 4-lOl(A) of the LUDC. 2. Submit Application. The application materials as listed in the Submittal Requirement and any additional materials as determined in the Pre-application Conference. 3. Determination of Completeness. The Director of the Community of Development Department (the Director) shall review the application for determination of completeness in accordance with the provisions of Section 4-101(8), Determination of Application Completeness Review. 4. Schedule Public Hearing. Upon a determination of completeness, the Director shall schedule the application for consideration by the Planning Commission. a) Public hearing by the Planning Commission shall be held within 60 calendar days of the date of determination of completeness. b) Public notice ofthe hearing shall be made pursuant to Section 4-lOl(E), Notice of Public Hearing. At least 30 but not more than 60 calendar days prior to the date of a scheduled Public Hearing before the Planning Commission, the Applicant shall publish notice of a public hearing in a legal publication and provide written notice to property owners within 2 a 200-foot radius of the subject parcel and mineral owners of the subject property, all neighboring jurisdictions within 3 miles of Garfield County, and all municipalities within Garfield County shall be mailed written notice of the date of the public hearing at which the proposal is to be discussed. c) Neighboring jurisdiction referrals (pursuant to CRS 24-32-3209(2)). A copy of the proposal and notification of the relevant hearing shall be forwarded to all neighboring jurisdictions within 3 miles of Garfield County and all municipalities within Garfield County for comment. All neighboring jurisdictions and municipalities shall have the right to comment on the proposal prior to the public hearing at least 30 but not more than 60 calendar days prior to the date of a scheduled Public Hearing. 5. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application for compliance with the applicable standards set forth above. A staff report shall be prepared pursuant to Section 4-101(D) a) The Director's evaluation of the application may include comment by referral agencies received under Section 4-101(C), Review by Referral Agency. The comment period for referral agency review shall be 21 calendar days from the date that the complete application and sufficient copies are delivered to the County by the Applicant. In addition, the Director's evaluation may include comments from neighboring jurisdictions and municipalities within Garfield County as described in CRS 24-32-3209(2)(a). 6. Review by the Planning Commission. A Plan Amendment application shall be considered by the Planning Commission at a public hearing, after proper notice, conducted pursuant to Section 4-101(F), Review and Recommendation. The Planning Commission shall approve or deny, by written resolution, the application based upon compliance with the standards as outlined above. 7. If the Plan Amendment is approved by the Planning Commission, the following shall occur. a) Planning Commission Chair signs the resolution and it is attested to by the Planning Commission Secretary. b) Planning Commission Chair signs letters certifying the amendment to the Board of County Commissioners, municipalities, and surrounding counties. c) If applicable, the Planning Commission Secretary signs the Future Land Use Map, as amended. 8. Objection. Any municipality within Garfield County has the right to file a written objection to the amendment within 30 calendar days following adoption of the amendment in accordance with CRS. 24-32-3209(2)(b). 3 IV. SUBMITTAL REQUIREMENTS -Comprehensive Plan Text Amendment and FLUM Amendment 1. A cover letter containing a detailed narrative describing the purpose of the proposed amendment. This narrative shall also include a response to all of the review standards as outlined above. Standards for Approval A Plan Amendment shall demonstrate that the proposed text or designation addresses errors in the Future Land Use Map (FLUM) or Comprehensive Plan or meets the following criteria: 1. The existing Comprehensive Plan and/or any related element thereof is in need of the proposed amendment. 2 Strict adherence to the Plan would result in a situation neither intended nor in keeping with other key elements and policies of the Plan. 3. The proposed FLUM amendment is compatible with the surrounding area, and the goals and policies of the Plan. 4. The proposed FLUM amendment will have no major negative impacts on transportation, services, and facilities. 5. The proposed FLUM amendment will have minimal effect on service provision, including adequacy or availability of facilities and services, and is compatible with existing and planned service provision. 6. The proposed FLUM amendment will result in a logical and orderly development pattern and expansion of services and will not constitute spot zoning. 7. The County or the general area in which an FLUM amendment is proposed has changed or is changing to such a degree that the amendment is in the public interest. 8. The proposed amendment has a significant public benefit; will promote the public welfare. and will be consistent with the goals and policies of the Garfield County Comprehensive Plan and the elements thereof. 9. The proposed designation on the FLUM is in compliance with the Goals, Strategies, and Policies of the Comprehensive Plan and any applicable intergovernmental agreement affecting land use or development. 2. General Application Materials pursuant to Section 4-203(8) of the LUDC. 4 3. A vicinity map locating the parcel(s) in the County. An 8 inch by 11 inch vicinity map shall clearly show the boundaries of the subject property(ies) and all property within a 3 mile radius . 4. A copy of the completed Pre-Application Conference Summary and any required attachments. v. VIEW a. Review by: b. Public Hearing: c. Referral Agencies: Staff for completeness recommendation and referral agencies for additional technical review _x_ Planning Commission =--= Board of County Commissioners =--= Board of Adjustment May include Garfield County departments, State of Colorado agencies, all municipalities within Garfield County, and all neighboring jurisdictions within 3 miles of Garfield County. VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 450 per application Application Submittal 3 Hard Copies 1 Digital PDF Copy (on CD or USB stick) Both the paper and the digital copy should be split into individual sections. Please refer to the list included in your pre-application conference summary for the submittal requirements that are appropriate for your· application : • General Application Materials • Vicinity Map • Site Plan • Grading and Drainage Plan • Landscape Plan • Impact Analysis • Traffic Study • Water Supply/Distribution Plan • Wastewater Management Plan • Article 7 Standards b. Referral Agency Fees: $ TBD -consulting engineer/civil engineer fees c. Total Deposit: /hour) General Application Processing $ 450 per application (additional hours are billed at $40.50 Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. o· claimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual 5 representations that may or may not be accurate. This summary does not create a legal or vested right. f.r.e.:ap__plig_tion Summary Pr epar ed b y: David Pesnichak, AICP Senior Planner 6 31 239131100032 239'1311201:151 ~d Unit Develop ment (PUDI 239'1304-01015 TCIL~no R ncll Physical Address 1 6411 82 HWY CARBONDALE 81623 Mailing Address 0086 COUNTY ROAD 104 CARBONDALE, CO 81623 DIVISION 1. GENERAL FORMS SECTION 1-01 . STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of a (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is----------------------------' and is formed under the laws of ________________________ _ The mailing address for the Entity is ______________________ _ The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is------------ The limitations upon the authority of the person named above or holding the position described ;;ibove to bind the Entity are as follows (if no limitations, insert "None"):------------- Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, le;:ive this section blank):--------------------- EXECUTED this ___ day of ____ ~------' 20 __ _ Signature:----------------- Name (printed): ______________ _ Title {if any):---------------- STATE OF )SS. COUNTY OF _______ _, The foregoing instrument was acknowledged before me this __ day of ______ _, 20 __ by on behalf of ---------------a _______________ _ Witness my hand and official seal. My commission expires: ______ _ {Date) (Notary ·Public) [SEALJ 1 Garfield County __ ___, MEMORANDUM TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE: Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- 101(E)(l)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means ." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed-NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2 . Review your title insurance policy. Are there exceptions to title listed under Schedule B- II? If so, review for mineral interests that were reserved and oil and gas leases. 3 : Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. .. MEivfO June 24, 2014 Page2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest wai; transferred. Tf you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address( es) of the current mineral interest owner( s ). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services. Lu.De ~ch~// (/-Zo? ([3 ) -~vb~'tk / 1?<j ~..s Water S11pply Expert. A profes:nal en;,1 ~practice in the 5. 6. 7. State of Colorado qualified to perform work. Vegetation Management Prof anal. Weed management, revegetation and reclamation plans eed inventory reports shall be prepared by a botanist , eco log i ran ge scientist, agronomist or other qualified professional. Other. er professionals retained by Applicant to provide studies and ~ is required by this Code shall demonstrate qualification in the /Specif ic field , to the satisfaction of the reviewing body. B. General Application Materials. The following basic materials are required for all applications for a Land Use Change Permit, including division of land. 1. Application Form. Application forms for a Land Use Change Permit shall be obtained from the Community Development Department. Completed application forms and accompanying materials shall be submitted to the Director by the owner, or any other person having a recognized fee title interest in the land for which a Land Use Change is proposed, or by any representative acting through written authorization of the owner. a. Authorized Representative . If the Applicant is not the owner of the land , or is a contract purchaser of the land , the Applicant shall submit a letter signed by the owner consenting to the submission of the application . b. Applicant is Not the Sole Owner. If the Applicant is not the sole owner of the land , the Applicant shall submit a letter signed by all other owners or an association representing all the owners, by which all owners consent to or join in the application . c. Applicant is an Entity. If the Applicant is an entity or a trust, the Applicant shall submit a letter consenting to submission of the application signed by a person authorized to encumber the property and a recorded Statement of Authority for that person . 2. Ownership. The application shall include a deed or ·other evidence of the owner's fee title interest in the land for which a Land Use Change is proposed. 3. Adjacent Property Owners and Mineral Owners and Lessees . If an application requires mailed notice, the application shall include the following : a. A list and a map of real property , the owners of record and mailing address, within a 200-foot radius of the subject parcel as shown in the Office of the County Clerk and Recorder. Said list shall be generated at least 15 days prior to sending public notice. b. A list of mineral estate owners in the Subject Site, their name , and the mailing address for each owner or lessee. 4. Fees. Any application for a Land Use Change Permit must be accompanied by the appropriate fees. A schedule of fees is available through the Community Development Department. An estimated range of any potential fees will be disclosed in the pre-application conference summary. This estimate is nonbinding. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-26 a. The costs of consultant and referral agency review are the responsibility of the Applicant. b. The County may require a deposit for payment of consultant and referral agency review fees, based upon estimated consultant review costs at the time of application, and in addition to the application fees . c. The County may suspend the application review process pending payment of consultant costs. 5. Proj ect Desc ri pt ion . A description of the project including a st atement of nee d, and det ailed information about the project such as t imeline for development, hours of operation, number of employees, project size (acreage of the site), size of proposed buildings and structures (sq. footage, height), similar related attributes such as parking lot size, access roadway informati on, and overall capa ci ty (I.e. gallons, barrels) or numbers of un its or eq ui pment (i.e. numbe r of resi dential units, number of compressor units , pipeline size/length etc .), and an explanation of all functional aspects of the proposed facility such as the processes, activities, function, operations and maintenance that will occur as part of the project, 6. General Requirements for Maps and Plans. The following are general requirements for any map or plan submitted under the application and review procedures of this Code: a. Name or identifying title of the proposed development or use ; b. Total area of the site, in acres; c. Name , address , and telephone number of the Applicant , person preparing the map or plan, designer, engineer, surveyor, and any other consultants of the Applicant; and d. Date of preparation , revision box, written scale , graphic scale, and north arrow. 7. Combination of Map and Plan Requirements. Applicant may request at a pre-application conference to combine various plan and specification requirements of this section into a single submission. The Director may allow combination of the plan requirements if: a. The information requested to be combined is similar; b. The requirements can be clearly mapped or drawn; and c. The Code requirements and sections can be labeled or otherwise clearly identified . 8. Appli cat ions for Maj or Proj ec ts. The Di rector shall in form the Applicant of any project that may in clud e 200 or more employees of the ad dit ional application requirements , including : a. Estimated construction schedule; b. Number of employees for construction and operating work force; c. Direct and indirect tax bases and revenues associated with the project; and GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-27 d. Total direct and indirect population associated with the project, including the rate, distribution, and demographic characteristics of the population change. C Vicinity Map. 8-inch by 11-inch Vicinity Map locating the parcel in the County. The Vicinity Map I clearly show the parcel and the boundaries of the subject site and all property a 3-mile radius of the subject parcel. D. ite Plan. Site Plan shall be scaled at 1-inch to 200 feet for properties exceeding 16 acres in size, or 1 inch t 100 feet for properties less than 16 acres in size. The Director may require, or the Appli nt may choose to submit, a more detailed version of all or part of the Site Plan. The Sit Plan shall include the following elements : 1. L al description of the subject parcel; 2. Bo dary lines, corner pins, and dimensions of the subject site for the prop ed Land Use Change Permit, including land survey data to identify the su ·ect site with section corners, distance, and bearing to corners, quarter rners , township, and range; 3. Existing ar proposed topographic contours at vertical intervals sufficient to show the opography affecting the development and storm drainage; 4. Significant on ite features including natural and artificial drainage ways, Wetland areas, itches , hydrologic features, and aquatic habitat; geologic features and haz rds including Slopes, alluvial fans, areas of subsidence, rock outcrops an ockfall areas, radiological and seismic Hazard Areas, soil types, and la dslide areas; vegetative cover; dams, reservoirs, excavations, and min s; and any other off-site features of the same type that influence the deve pment; 5. Existing and proposed rking areas, driveways, emergency turn-outs and emergency turnaroun s, sidewalks, and paths, shown by location and dimension; 6. Existing and proposed roads, ailroad tracks, irrigation ditches, fences, and utility lines on or adjacen to the parcel, shown by location and dimension; 7. Users and grantees of all existing a proposed easements and rights-of- way on or adjacent to the parcel, sho by location and dimension; 8. Area of the individual parcels, and t total square feet of existing buildings,, driveways, and parking area; 9. Zone district in which the site is located; 10. Location and dimension of all structures, distance of structures from property lines; 11 . Elevation drawings showing existing grade, Finish Grade, and height of the proposed structures above existing grade; 12. Location and size of leach field, sewer service lin , and treatment facilities to serve the proposed use; 13. The source and capacity of the water supply, including loc of well(s) and/or water lines to serve the proposed use; and GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-28 C O M M I T M E N T f o r T I T L E I N S U R A N C E issued by as agent for WESTCOR LAND TITLE INSURANCE COMPANY Reference: Commitment Number: 0600980-C Commitment Ordered By: Toni Cerise RiverStone Real Estate 256 Main Street Carbondale, CO 81623 Phone: 970-379-6029 Fax: email: toni@tonicerise.com Inquiries should be directed to: Mary Scheurich Title Company of the Rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 email: MScheurich@titlecorockies.com Reference Property Address: 16411 Highway 82, Carbondale, CO 81623 SCHEDULE A 1. Effective Date: July 27, 2017, 7:00 am Issue Date: August 07, 2017 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: $3,000,000.00 Premium: $5,588.00 Proposed Insured: Gatorcap, LLC and or assigns 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: Oscar Cerise and Wilma Cerise Main Ranch Co. LLLP 4. The Land referred to in this Commitment is located in the County of Garfield, State of Colorado, and is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTIN UED ON NEXT PAGE LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: A TRACT OF LAND SITUATED IN LOTS 1 AND 8 OF SECTION 31 AND IN LOT 5 OF SECTION 32, ALL IN TOWNSHIP 7 SOUT H, RANGE 87 WEST OF THE 6th PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING NORTHERLY OF AND ADJACENT TO THE NORTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 82 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY BOUNDARY LINE OF SAID LOT 8 AND THE NORTHERLY RIGHT-OF-WAY LINE OF SAID HIGHWAY NO. 82 WHENCE A STONE FOUND IN PLACE FOR THE WITNESS CORNER TO THE NORTHEAST CORNER OF SAID SECTION 31 BEARS N 41°44'10"E 1355.70 FEET; THENCE S 79°55'52"E 2351 .84 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO A POINT ON THE WESTERLY BOUNDARY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 514 AT PAGE 870 AS RECEPTION NO. 288099 OF THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER, ALSO BEING A POINT IN A FENCE AS Built AND IN PLACE; THENCE ALONG SAID FENCE ON THE FOLLOWING FIVE(5) COURSES: N 00°33'36"W 538.41 FEET; THENCE N 01°36'00"W 43.77 FEET; THENCE N 03°34'31"W 79.03 FEET; THENCE N 00°00'38"E 208.86 FEET; THENCE N 61°12'52"W 238.22 FEET; THENCE LEAVING SAID FENCE ON A COURSE BEARING NORTH FOR 4.31 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID LOT 5 IN SAID SECTION 32; THENCE WEST 1835.42 FEET ALONG THE NORTHERLY BOUNDARY LINES OF SAID LOT 5 IN SAID SECTION 32 AND LOT 8 IN SAID SECTION 31; THENCE N 60°44'03"W 298.63 FEET; THENCE S 00°02'13"E 723.71 FEET TO THE POINT OF BEGINNING Commitment No. 0600980-C Schedule B-I Requirements Alta Commitment - 2006 Schedule B-I Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Registration Statement from the Secretary of State for Oscar Cerise and Wilma Cerise Main Ranch Co., and Articles of Association for Oscar Cerise and Wilma Cerise Main Ranch Co., disclosing the names of all Managers of said limited liability limited partnership and otherwise comp lying with C.R.S. 7-60-144, et seq., and evidencing the existence of said limited liability limited partnership, must be filed in the office of the Secretary of State for the State of Colorado, but need not be recorded. 2. Deed from Oscar Cerise and Wilma Cerise Main Ranch Co. LLLP to Gatorcap, LLC and or assigns. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288 - CRA 39-14-102. The Owner's Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4, provided that: (A) The enclosed form of indemnity agreement or final affidavit and agreement is properly executed and acknowledged by the party(ies) indicated and returne d to the Company or its duly authorized agent, (B) The Company or its duly authorized agent receives and approves an ALTA survey properly certified by a registered surveyor or engineer, and (C) Applicable scheduled charges in the amount of $75.00 are paid to the Company or its duly authorized agent. EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO BY THE COMPANY OR ITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. Commitment No. 0600980-C Schedule B-II Exceptions Alta Commitment - 2006 Schedule B-II Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, right, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authorit y that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded May 2, 1923 in Book 73 at Page 167. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded May 2, 1923 in Book 73 at Page 167. 9. Any and all water and water rights, reservoir and reservoir rights, ditches and ditch right s, and the enlargements and extensions thereof, and all laterals, flumes and headgates used in connection therewith. 10. Oil and Gas Lease between Oscar Cerise and Wilma Cerise, Posic Cerise and Ollie Cerise and Francis W. Christensen, recorded July 12, 1960 in Book 328 at Page 225 and any and all assignments or interests therein. 11. Easement and right of way for gas line purposes, as granted by Oscar Cerise and Wilma Cerise to Rocky Mountain Natural Gas Company, Inc., by instrument recorded October 19, 1961 in Book 337 at Page 229, and amendment recorded October 22, 1975 in Book 479 at Page 875, said easement being more particularly described therein. 12. Easement and right of way for electric transmission and distribution line purposes, as granted by Oscar Cerise and Wilma Cerise to Holy Cross electric Association, Inc., by instrument recorded January 31, 1974 in Book 454 at Page 467, said easement being more particularly described therein. Commitment No. 0600980-C Schedule B-II Exceptions (continued) Alta Commitment - 2006 Schedule B-II Exceptions (continued) 13. Easement and right of way for communication line purposes, as granted by to Oscar Cerise and Wilma Cerise, by instrument recorded September 9, 1975 in Book 478 at Page 347, said easement being more particularly described therein. 14. Terms, agreements, provisions, conditions and obligations as contained in Access Agreement recorded August 30, 1978 in Book 514 at Page 875. 15. Each and every right or rights of access to and from any part of the said right of way, from and to any part of the subject property abutting upon said highway, as granted by Oscar Cerise and Wilma Cerise to the Department of Highways, State of Colorado, by Rule and Order recorded December 27, 1993 at Reception No. 457087. 16. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 2, Series of 2011 recorded May 12, 2011 at Reception No. 802474. 17. Terms, agreements, provisions, conditions and obligations as contained in Easement Deed and Agreement recorded August 30, 2011 at Reception No. 807496 and Assignment and Assumption of Contracts and Permits recorded June 1, 2017 at Reception No. 893044. Commitment No. 0600980-C Disclosure Statements DISCLOSURE STATEMENTS Disclosure Statements Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The Land described in Schedule A of this commitment must be a single -family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished b y mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A though C above is subject to such additional requirements or Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. E. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained fro m the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39 -22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30 -10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non -affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitte d by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W -9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administ rative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as “earnest money” for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: a. Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or b. If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: a. Await any proceeding; or b. Interplead all parties and deposit such funds into a court of competent jur isdiction, and recover court costs and reasonable attorney and legal fees; or c. Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity’s written notice delivered to the parties, title entity shall return the funds to the depositing party.” Title Company of the Rockies Disclosures All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentat ion from the County Treasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R.S. 10 -11-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawals as a matter of right. Pursuant to C.R.S. 38 -35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10 -11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulatio n 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased wa s constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner’s Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES $5,613.00 $25.00 $75.00 $5,613.00 893044 06/0112017 10:35:44 AM Page 1 of 1 O Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fee: $0.00 eRecorded ASSIGNMENT AND ASSUMPTION OF CONTRACTS AND PERMITS IBIS ASSIGNMENT AND ASSU11PTION OF CONTRACTS AND PERMITS (this "Assignment'') is executed as of May 30, 2017 by and between TCI Lane Ranch, LLC, a Colorado limited liability company ("•Assignor"), and Aspen Polo Partners, LLP, a Colorado limited liability partnership ("Assignee"). Recitals A. Assignor and Assignee entered into Contract to Buy and Sell Real Estate dated as of February 27, 2017 (as amended from time to time, the "Contract") for the purchase and sale of certain real property located in the County of Garfield, State of Colora9-o more particularly described on Exlnbit A of this Assignment (the "Property"). B. Simultaneously with the execution of this Assignment, Assignor has conveyed the Property to Assignee pursuant to the Contract. C. In connection with the conveyance of the Property to Assignee, Assignor and Assignee intend that Assignor's rights, title, interests, powers, obligations and privileges in, to and under certain contracts; agreements, permits and other matters stated herein be assigned and transferred to Assignee and assumed by Assignee. Agreement NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: L Assignment and Assumption. Assignor hereby assigns, conveys, transfers and sets over to Assignee any and all of Assignor's right, title, interest, powers, obligations arid privileges in and to the following, and Assignee hereby assumes all of Assignor's obligations, if any, under the following: (a) The following recorded easement agreements under which Assignor may have certain rights and/or obligations with respect to the Property: (i) Easement Deed and Agreement by and between Oscar Cerise and Wilma Cerise Main Ranch Company L.L.L.P. and Mid-Valley Metropolitan District dated August 12, 2011 and recorded August 30, 2011 under Reception No. 807496 of the real estate records of Garfield County, Colorado (the "Records"); (ii) Easement Deed and Agreement by and between Julian A lTirych and Mid-Valley Metropolitan District dated July 22, 2011 and recorded August 2, 2011 under Reception No. 806036 of the Records; and (iii) Easement Deed and Agreement by and between Kurt E. Vogelman Revocable Trust and Mid-Valley Metropolitan District dated September 16, 2011 and recorded September 28, 2011 under Reception_ No. 808632 of the Records. (b) The following concerning the Mid Valley Metropolitan District with respect to the Property: (i) Resolution No. 2, Series of2009, of the Board of Directors of the Mid Valley {A0109026 /2) 893044 06/0112017 10:35:44 AM Page 2of10 Jean Alberico, Garfield County, Colorado Rec fee: $58.00 Doc Fee: $0.00 eRecorded Metropolitan District approving a Petition for Inclusion of the Property; and (ii) Inclusion Agreement between Assignor and the Mid Valley Metropolitan District dated February 18, 2009. (c) . Biological Opinion issued with respect to the Property (project SPK-2008- 00253) by the Fish and Wildlife Service of the U.S. Department of Interior per letter dated October 27, 2010 and addressed to U.S. Army Corps of Engine~, Colorado West Regulatory Branch. ( d) Recovery Agreement dated as September 1, 2010 between Assignor and the U.S. Fish and Wildlife Service of the U.S. Department of Interior. ( e) All permits and approvals issued to Assignor with respect to the Property by the U.S. Anny Corps of Engineers. · (f) Any and all other governmental permits, licenses, certificates and authorizations with respect to the Property, all to the extent that they are assignable. 2. Successors and Assigns. This Assignment shall inure to the benefit of, and be binding upon, the successors and assigns of the parties hereto. 3. Governing Law. This Assignment shall be construed under and enforced in accordance with the laws of the State of Colorado. 4. Counterparts. This Assignment may be executed in one or more counterparts, each of which shall constitUte an original, but all of which, when taken together, shall constitute but one agreement. [Remainder of Page Intentionally Blank] {A0109026 /2 } 2 893044 06/01/2017 10:35:44 AM Page 3of1 O Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fee: $0.00 eRecorded IN WITNESS WHEREOF, the parties have executed this Assignment as of the date set forth above. {A0109026f2} ASSIGNOR: · TCI Lane Ranch, LLC, a Colorado limited liability company TCI LANE RANCH, LLC, a Colorado limited liability company By: William N. Lane Trust dated July 30, 1969 FBO Andrew N. Lane, Member By: Atlantic T:rust Company, N.A., Co-Trustee By: _;;y •c;0 __ . ~ rr-• :_ ... w.::~_..,"""7. r By: ~~ Andre~:= e;co=Trustee By: William N. Lane Trust dated July 3 0, 1969 FBO Nelson P. Lane, Member By: Atlantic Trust Company, N.A., Co-Trustee By:~~~~~~~~- Nelson P. Lane, Co-Trustee [This ~pace intentional~y left blank] 3 893044 06/0112017 10:35:44 AM Page 4 of 10 Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fee: $0.00 eRecorded JN WlINESS WHEREOF,. 1he parties have =u:ada'l dais Assigmnenl as of lb.e date set forth above. {A0Ul!l026 / 2} ASSIGNOR: TCII.ane~ U.C, 1"'-1-..ll-'l=--:..-..:1 Iiab~JI:.... a~ .lllUll.Ql WL,. u•••NWY 101.ANERANCIJ, ILC, a Color.ado 6nriW liabiJitycompmy By: WiBiamN.. Lane Trost Gabl July 30~ 1969 FBO .Andn:w N. Lane, Mmdter By: AdmdicTmst OmpmJ, NA, Co-Tmsb:e By: ; . ! ..!. ;< . c ,_. ..... J.'Ieot Nossaman, Jr., MaqagingDiledor ., By:----·---·· ·-----Andn:w N. Lam; Co-'liasb:e By: WilliamN. Lam: Trost daJr:d July 30» 1969 FBO Nd9onP. Lmlt, :M'anber By: AdanticTmst C.••'!ltmlly .. N"A:o Co-Tmsb:e By: ; . >'>=. .. :.. . . 1.Ea4/n~~ By:~-~----~--NdsonP.Lam;.eo.: [D~ SJllllce mteniiolwlfy 141 Mmi.t] 3 893044 06/01/2017 10:35:44 AM Page 5of10 Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fee: $0.00 eRecorded ASSIGNEE: Aspen Polo Parmers; LLP, a Colorado limited liability partnership \ COUNTY OF~--~ STATE OF _____ _ ) ) ) The foregoing instrument was acknowledged before me this_ day of 2017 by J. Kent Nossaman, J°F·• Managing Director of Atlantic Trust Company, N .A. in its capacity as Co-Trustee of the William N. Lane Trust dated July 30, 1969 FBO Andrew N. Lane which trust is a member ofTCI Lane Ranch, LLC. WITNESS my hand and official seal. My commission expires: ____ _ COUN1YOF ---- STATE OF ---- ) ) ) Notacy Public The foregoing instrument was acknowledged before me this_ day of , 2017 by Andrew N. Lane in his capacity as Co-Trustee of the William N. Lane Trust dated July 30, 1969 FBO Andrew N. Lane which trust is a member of TCI Lane Ranch, LLC. WI1NESS my hand and official seal. My commission expires: ____ _ Notary Public' {A0109026 / 2} 4 893044 06/0112017 10:35:44 AM Page 6 of 1 O Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fee: $0.00 eRecorded ASSIGNEE: Aspen Polo Partners, ILP, a Colorado limited liability partnership By:~~~~~~--,~~~~~~~~~ Craig V. Corona, authonzed agent. COUNTY OF Denver STATE OF Colorado ) ) ) The foregoing instnunent was acknowledged before me this 25 day of May 2017 by J. Kent Nossaman, Jr., Managing Director of Atlantic Trust Company, N.A. in its capacity as Co-Trustee of the William N. Lane Trust dated July 30, 1%9 FBO Andrew N. Lane which trust is a member of TCI Lane Ranch, llC. WI1NESS my hand and official seal. My commission expires: ?b.t~; COUNTY OF ~_d_1;. _,) STATEOF~ ) ) ) TINA M. PLUIM NOTARY PUBLIC STATE OF COLORADO NOTARY 10 20174007941} MY COMMISSION EXPIRES FEBRUARY 21, 2021 Ji~l.dl~~ - Notary Public The foregoing instrument was acknowledged before me thisOoday of /Jltu,.J-. 2017 by Andrew N. Lane in bis capacity as Co-Trastee of the William N. Lane Tntst dateJ'July 30, 1969 FBO Andrew N. Lane which trust is a member of TCI Lane Ranch, LLC. WITNESS my hand and official seal. My commission expires: , , , 'W'<P', , r :o ELIZABETH M. GAUGER NOTARY PUBLIC STATE OF COLORADO NOTARY JO# 19934008210 MY COMMISSION EXPIRES JULY 07, 2017 (A0109026 /2) _ft_~iJJi;/g,1 ~ Not~1'fic,. --J V 4 893044 06/01/2017 10:35:44 AM Page 7of1 O Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fee: $0.00 eRecorded COUN1Y OF Denver STATE OF Colorado ) ) ) The foregoing instrument was acknowledged before me this 25 day of May • 2017 by J. Kent Nossaman, Jr., Managing Director of Atlantic Trust Company, N .A in its capacity as Co-Trustee of the William N. Lane Trust dated July 30, 1969 FBO Nelson P. Lane, which trust is a member ofTCI Lane Ranch, LLC. Wl1NESS my hand and official seal. My commission expires: &J?/ COUNTY OF ___ _ STATE OF ___ _ ) ) ) TINA M. PLUIM NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174007949 MY COMMISSION EXPIRES FEBRUARY 21. 2021 ~ ! Jt::,/ L~«/~ _, Notary ublic The foregoing instrument was acknowledged before me this_ day of 201? by Nelson P. Lane in his capacity as Co-Troste~ of the William N. Lane Trust dated July 30, 1969 FBO NelsonP. Lane which trust is a member ofTCI Lane Ranch, LLC. WITNESS my band and official seal. My commission expires: ___ _ Notary Public {A0109026 J 2 } 5 893044 06/01/2017 10:35:44 AM Page 8of10 Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fee: $0.00 eRecorded COUNTY OF Denver ) ) STATE OF Colorado ) llle:begoiugb:atuum:m was acbow.1algalhdim:metbis25 day.of May , 2017 by J. K£DI }fcwaman. Jr., Managing Din:clorof Atlanl:ic Trust 0:..1p:u.y,N.A. in. ils capacity a Co-Truslec of die WiDiamN. Liiac Tmstcblr:d lilly lo., 1969FBONe1mn':P. I.am; which 1mstis a mCll'lba: ofTCILaoeRancb, UC. Wll'NfSS m.y hand and olJicial seal. ;' M"JCCHIHHdgjnnczpin:s: :{. ··::/.,~:_,·.·'~,· x COUNTYOF 'Tuiru ) ) STAT.Ji OF G:, h ra.dQ } JWM:af'UMI NDTARY PUBLIC STAlE OF COLORADO f!IMMY ID2D174111D9111 •CllMllS&llll_EJIPIES FEilRIMRY21;2Dll ,;; r'/ ;,· ;/ ,/ ' l'·; . • d .. .--: ~·. .#~ ,/ >'.J'" .~ ~'b....:L.11!-ii;: ·-·---~ ,',;,_:' '.· &-.-,s.r~ ... -~ l'hefixegoiugimlmmmlwa admowlaJged befm:t=methis ~ day·of m04 2017by Ndson P. Lane in his c.apaQty as C'o-T~ of 1bc William N •. Lw ·Tmst datEd~ 3~ 1969 FBO Ncl:san:P. Lam: which fmst isa 11a•dc ofICllw Ram::h. U.C. WllNESS my band and official seal. My commission expires: ~/02 9 /;Jo I~ I ' AMANDA VIGIL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2006402~17 MY COMMISSION EXPIRES JUNE 28, 2018 {AOl09026/2) ,L ~·--/1 Nobay p~'=? t-f/ 5 893044 06/01 /2017 10:35:44 AM Page 9 of 1 O Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fe.e: $0.00 eRecorded COUNTY OF PITKIN ) ) STATE OF COLORADO ) ~ The foregoing instrument was acknowledged before me this ?;Oday of~, 2017 by Craig V. Corona authorized agent of Aspen Polo Partners, LLP. () WTINESS my hand and official seal. My commission expires: ____ _ NICOLE" LES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084004424 . _MY _COMMISSION EXPIRES FEB. ·e, 2020 {A0109026 f 2 } ~~· 6 893044 06/01/2017 10:35:44 AM Page 10of10 Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fee: $0.00 eRecorded EXHIBIT A The Property A tract of land situated in Lots 8, 9, and 10 of Section 31 and in Lots 5 and 13 of Section 32, all In Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, lying Southerly of and adjacent to the Southerly right of way line of Old State Highway 82 and being more particularly described as follows: Beginning at a point on said Southerly right of way line whence a stone found In place for the witness comer to the Northeast corner of said section 31 bears N 26 degrees 00' 43" E 1433.52 feet; thence S 79 degrees 58' 52" E 2125.37 feet along said Southerly right of way line to the Northwest corner of a parcel of land described in Book 1O13 at Page 423 of the records of the Garfield County Clerk and Recorder; thence -along the Westerly boundary line of said parcel on the following two (2} courses: S 04 degrees 55' 00" W 461.90 feet; thence S 01 degrees 00' 00" E 861.25 feet to a point on the Northerly right of way line of the Roaring Fork Transit Authority Railroad right of way; thence 169.57 feet along said Northerly railroad right of way line on the arc of a 1565. 69 foot radius curve to the left, the chord of which bears S 54 degrees 32' 43" W 169.49 feet to a point on the Southerly boundary line of said Lot 13; thence N 89 · degrees 54' 14" W 651.37 feet along the Southerly boundary line of said Lot 13 to the Northeast comer of said Lot 1 O; thence S 00 degrees 1 O' 37» E 354.80 feet along the Easterly boundary line of said Lot 1 O to a point In the center of the Roaring Fork River; thence along the center of said Roaring Fork.River on the following seven (7) courses: S 86 degrees 53' 04" W 294.14 feet; thence S 85 degrees 32' 23• W 117.60 feet; thence S 78 degrees 29' 25" W 123.94 feet; thence S 89 degrees 17' 47" W 118.54 feef; thence S 67 degrees 42' 27" W 386.40 feet; thence S 62 degrees 48' 18" W 124.67 feet; thence S 57 degrees 58' 42" W 235.29 feet to a point on the Easterly boundary line of Blue Creek Ranch recorded as Recep1lon No. 623535 In the records of the Garfield County Clerk and Recorder: !hence along the Easterly boundary line of said Blue Creek Ranch on the following three (3) courses: N 00 degrees 1 O' 37" W 736.64 feet; thence N 89 degrees 54' 14" W 231.46 feet; thence N 00 degrees 02' 13" W 1677.90 feet to the Southwest corner of a parcel of land described in Book 333 at Page 511 of the Garfleld County records; thence S 79 degrees 52' 12" E 278.00 feet along the Southerly boundary line of the parcel described in said Book 333 at' Page 511 to the Southeast corner of said parcel; thence N 00 degrees 02' 13" W 156.69 feet along the Easterly boundary line of said parcel to 1he point of beginning; Garfleld County, Colorado. (A0109026/2} A-1 807 496 08/30/2011 02:53:07 PM Page 1 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded EASEMENT DEED AND AGREEMENT +A THIS EASEMENT DEED AND AGREEMENT (this "Agreement") is entered into this JX. oay of /11J9//S1' , 2011, by and between OSCAR CERISE AND WILMA CERISE MAIN RANCH COMPANY, L.L.L.P. ("Grantor"), formerly known as OSCAR CERISE AND WILMA CERISE MAIN RANCH COMPANY, whose address is 0086 County Road 104, Carbondale, Colorado 81623-9605 and the MID-VALLEY METROPOLITAN DISTRICT (the "District"), a Colorado special district, whose address is 003 I · Duroux Lane, Suite A, Basalt, Colorado 81621. WITNESSETH: WHEREAS, Oscar Cerise And Wilma Cerise Main Ranch Company, L.L.L.P. is the owner of certain real property in Garfield County located at 01641 I Highway 82, Carbondale, Colorado 81623, and as more particularly described in Exhibit A, attached hereto (the "Property"); and WHEREAS, the Property is located between the District's existing infrastructure and real property to be developed as "TCI Lane Ranch"; and WHEREAS, the District desires to extend its existing sewer and water distribution systems over the Property so as to provide water and sanitary sewer service to TCI Lane Ranch, among other things; and WHEREAS, the District desires to construct, install and permanently maintain water and sewer mains (the "Project") over a portion of the Property as more particularly described below; and WHEREAS, Grantor has approved the location of the Project and is willing to grant an easement to the District pursuant to the terms and conditions of this Agreement to allow for the construction, operation, maintenance, repair and replacement of the Project. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Permanent Water and Sewer Easement. Grantor hereby grants to the District a perpetual and non-exclusive Sewer and Water Easement over the real property described in Exhibit B attached hereto and incorporated herein by this reference and as depicted on said Exhibit C (which area shall be referred to herein as the "Easement Area"), on, over, across and under said Easement Area, for access to and the construction, operation, maintenance, repair and replacement of a sewer main and a water main. No physical structures (not including fences) shall be built, located. or maintained within the Legal Description Page 1 807 496 08/30/2011 02:53:07 PM Page 2 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded Easement Area. Fences may be constructed within the Easement Area so long as the District is always provided access which includes, without limitation, the practical ability to bring heavy equipment onto the Easement Area. 3. Consideration. The parties agree that given the benefits to Grantor's Property being provided by the Project and cost to the District of the work contemplated by this Agreement, no additional compensation shall be paid to Grantor by the District for the Water and Sewer Easement. 4. Operations/Use of Grantor's Property. The District shall provide Grantor no less than 30 days notice of its intent to begin any material construction pursuant to this Agreement. The District shall use commercially reasonable efforts to avoid construction during the months of June, July and August of any year. Construction operations on the Property shall be confined to the Easement Area, and the District will make special arrangements with Grantor for any additional area required. Any damage to the Property, either inside or outside the limits of the Easement Area, shall be the responsibility of the District. The District shall ensure that all fences or other items encountered on the Property are removed, protected, and replaced as necessary. As a part of its installation of water and sewer lines across Grantor's Property the District will install service stubs for both water and sewer for future connection and use by the Grantor, at a location requested by Grantor. The stubs will extend beyond any pavement to be laid over the anticipated surface of the road. The contract for the work described in this Section 4 shall require the contractor to make reasonable efforts to preserve Grantor's access to the improvements located on the Property and in no case will access to Grantor's home be obstructed for more than four (4) consecutive hours. Said contract will include monetary penalties in the event of any breach of the foregoing requirements for continued access to improvements located on the Property. Upon completion, the District shall insure that all construction debris is removed. Further, the Property shall be leveled and revegetated with native grasses in non-irrigated areas and, in irrigated areas, with vegetation substantially similar to what existed prior to the District's construction activities. The parties expressly agree that the District shall not be required to install any additional landscaping on the Property. All required revegetation shall be installed by the District within sixty (60) days after completion; provided, however, in the event that weather prevents the District from completing such revegetation, the time in which to do so shall be extended into the next growing season. Prior to initiation of construction, TCI Lane Ranch, LLC, the developer and owner ofTCI Lane Ranch, shall have posted the security required by the Subdivision Improvements Agreement as required by the terms and conditions of the Final Approval granted by Garfield County. Completion of the improvements described in this Section 4 shall be included among the performance secured by the security required by the Subdivision Improvements Agreement. 5. Provision of Water and Sewer Service to Grantor's Property. ln exchange for the easement granted herein, the District agrees to provide water and sewer service to the Grantor's Property, subject to the following conditions: 5.1. If necessary, Grantor shall seek an expansion of the District's service area to include Grantor's Property. The cost of such expansion, although anticipated to be Legal Description Page2 807 496 08/30/2011 02:53:07 PM Page 3 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded minimal, shall be paid exclusively by Grantor. The District agrees to cooperate in Grantor's application for expansion of its service area. 5.2. Grantor shall pay the District all tap fees charged by the District to its new customers at then-current rates at the time Grantor requests connection to the District's utility lines. 5.3. If required, approval by Eagle County and Garfield County governments for connection of the Grantor Property to the District water and sewer systems. All costs incurred in securing approval from Eagle County and Garfield County shall be the obligation of Grantor. The District shall cooperate in any such application to Eagle County or Garfield County. 5.4. Prior to the initiation of any construction in or near the Easement Area for the purpose of connecting to the District's water or sewer system, Grantor shall provide plans and specifications to the District which (a) comply to the District's rules and regulations for such plans and specifications, and (b) detail how Grantor intends to connect to one or both of the water or sewer system including, without limitation, the location and design of "service stubs" to be installed by the District pursuant to Section 4, above.· The District shall have the right to review and, if acceptable to the District, approve the plans and specHications submitted by Grantor. All construction carried out by or on behalf of Grantor shall conform in all material aspects to the plans and specifications submitted by Grantor and approved by the District. 6. Delay in Effectiveness of Certain Provisions of This Agreement. Notwithstanding any other provision of this Agreement, Sections 2, 3, 4 and 5 of this Agreement shall not be effective until the date and time a Final Plat for TCI Lane Ranch, approved by the Garfield County Commissioners, has been recorded in the real property records of Garfield County (which date and time shall be referred to herein as the "Inception Date"). From and after the Inception Date all of the terms and conditions set forth herein shall be fully enforceable against each of the parties, as set forth herein. 7. Authority/Binding Effect. Each person signing this Agreement represents and warrants that he or she is fully authorized to enter into and execute this Agreement, and to bind the party it represents to the terms and conditions hereof. Notwithstanding any delay in the effectiveness of Sections 2, 3, 4 and 5 as set forth in this Section 6, above, this Agreement shall be a covenant running with the Property and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the parties and their heirs, successors and assigns. 8. Severability. If any covenant, term, condition or provision contained in this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such covenant, term, condition or provision shall be severed or modified to the extent necessary to make it enforceable, and the resulting Agreement shall remain in full force and effect. Legal Description Page 3 807 496 08/30/2011 02:53:07 PM Page 4 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded 9. Recordation. This Easement Deed and Agreement shall be recorded by the District at its expense in the Offices of the Garfield County Clerk and Recorder. WHEREFORE, the parties hereto have executed this EASEMENT DEED AND AGREEMENT on the day and year first written above. OSCAR CERISE AND WILMA CERISE MAIN RANCH COMPANY, L.L.L.P. a Colorado limited liability limited partnership ~j~~ Name:'· General Partner By: ~ Name:cC£4/4A.Ht~"14/~.;::' Title: ft~~ ZJ~;--L.. :~~_; __ ~ 7 · .... ·~··::-ffame: ~eff or-sula.~ Title: Secre+~r-ef Legal Description Page4 STATEOFCOLORADO ) ) ss. COUNTY OF <hti.~1E.L.b ) ____,,,_- Acknowledged, subscribed, and sworn to before me this \2-0:.day of ~Ut\u:>""= , 2011, by C:\&\ ~~«,S:.E. as General Partner of Oscar Cerise And Wilma Cerise Main Ranch Company, L.L.L.P. WITNESS my hand and official seal. My Commission expires: l\.x,rn;} 3.\. "l..C Jc_\. . c1 (]J (\_\!lb ~J c ( Notary ublic STATE OF COLORADO ) ) SS. COUNTY OF !SA ~LE. ) Acknowledged, subscribed, and sworn to before me this 17*' day of Acir.;u~r , 2011 by \,f\ht.LIAM RQ'NQLJ)5 of Mid-Valley Metropolitan District WITNESS my hand and official seal. My Commission expires: A QA.AX . ;J.'::2 1 ;(01.3 .?, . Table of Exhibits Exhibit A -Legal Description of Property Exhibit B-Legal Description of Sewer and Water Eaesment Exhibit C-Graphical Depiction of Sewer and Water Easement MY COMM~ON EXPIRES-~ , .. Legal Description Page 5 807 496 08/30/2011 02:53:07 PM Page 6 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded Exhibit A LEGAL DESCRIPTION ALL THAT PORTION OF THE FOLLOWING LYING NORTHERLY OF THE NORTHERLY RIGHT OF WAY OF STA TE HIGHWAY NO. 82: TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PM: SECTION 31: THAT PART OF LOT 1 AS PARTICULARLY DESCRIBED IN A QUIT CLAIM DEED FROM JOHN R. CARLSON AND PORTIA A. CARLSON RECORDED AS DOCUMENT NO, 289765 IN BOOK 518 AT PAGE 415 OF THE GARFIELD COUNTY RECORDS. LOTS 8AND9 THAT PART OF LOT I 0 LYING NORTHERLY OF THE CENTERLINE OF THE ROARING FORK RIVER RECORDED AS DOCUMENT NO. 188818 IN BOOK282 AT PAGE 487 OF THE GARFIELD COUNTY RECORDS SECTION 32 LOTS 5 AND 13, EXCEPT THE EAST 306.5 FEET THEREOF ALSO AN ACCESS EASEMENT AGREEMENT 30 FEET IN WIDTH SITUATE IN LOTS 4 AND 5 OF SAID SECTION 32.AND LOT I OF SAID SECTION 31 AS PARTICULARLY DESCRIBED IN ACCESS AGREEMENT RECORDED AS RECEPTION NO. 288102 IN BOOK 514 AT PAGE 875 OF THE GARFIELD COUNTY RECORDS EXCEPT THE FOLLOWING DESCRIBED TRACTS OF LAND, TO WIT: 1) A ONE-ACRE TRACT OF LAND SITUATE IN LOT 8 CONVEYED TO LORAIN R. HERWICK AND ESTHER M. HER WICK BY DEED RECORDED AS DOCUMENT NO. 213530 IN BOOK 333 AT PAGE 511 OF THE GARFIELD COUNTY RECORDS 2) A TRACT OF LAND CONVEYED TO JOHN R. CARLSON AND PORTIA A. CARLSON FOR USE AS A JOINT ACCESS EASEMENT AS PARTICULARLY DESCRIBED IN QUIT CLAIM DEED RECORDED AS RECEPTION NO. 288099 JN BOOK 514 AS PAGE 870 OF THE GARFIELD COUNTY RECORDS 3) EXCEPT THE TRACT OF LAND CONVEYED TO THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF COLORADO AND RECORDED AS RECEPTION NO. 438360 IN BOOK 840 AT PAGE 224, RECEPTION NO. 433680 IN BOOK 828 AT PAGE 822, RECEPTION NO. 457087 IN BOOK 887 AT PAGE 640. Legal Description Page I 807 496 08/30/2011 02:53:07 PM Page 7 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded SUBJECT TO THE RESTRICTIVE ACCESS LIMITATIONS AS IMPOSED BY COURT ORDER RECORDED AS DOCUMENT NO. 457087 IN BOOK 887 AT PAGE 640 OF THE GARFIELD COUNTY RECORDS. EXCEPTING FROM ALL OF THE ABOVE LEGAL DESCRIPTION THAT PROPERTY DESCRIBED IN INSTRUMENT RECORDED SEPTEMBER 1, 2006 UNDER RECEPTION NO. 705845. COUNTY OF GARFIELD, STATE OF COLORADO Legal Description Page2 807 496 08/30/2011 02:53:07 PM Page 8 of 9 Jean Alberico, Garfield County, Colorado ~ 115Ul0 re Fee: $0.00 eRecorded · It· · · · · :. .. '~:: ::':\: .;'.~·:.;<::'' . (") -v /T' Engint'<.'r~:surn·~ or.; Bou!tle1· (;n•i:k~ ( 'olorndo Sp rim,!~ Skamh11a1 Sprin~s Grand .J mH·tion i ~t II' .~~:. '-U\.'d B11ui<kr. C< 1 so.~01-~1-~o .~o.~.·l·L~ .. .;.~:'-0 ~H>.J·~~..i.~~.~ f:!\ Drexel, Barrell & co. July 9, 2010 LEGAL DESCRIPTION A tract of land located in the Nl/2 of Section 32 and the N\/2 of Section 31. T7S. R87W of the 6111 P.M .. County of Garfield. State of Colorado. being more particularly described as follows: The Basis of Bearings is the North line of the NWl/4 of the NEl/4 of Section 32, T7S. R87W of the 6 111 P.M., with the line assumed to bear N89°57'30''E. Commencing at the Nl/4 Corner of said Section 32, thence S00°3T03''W, 1786.65 foet to a point on the Northerly line of State Highway No. 82: Thence N80°00'05''W. 1281.43 feet: Thence N64°03'47"W. 72.64 feet along s<iid Northerly line of State Highway No. 82: Thence N80°00'05"W, 645.89 foet along said Northerly line of State Highway No. 82 to the TRUE POINT OF BEGINNING. Thence N80°00'05"W. 1980.41 feet along said Northerly line of State Highway No. 82: Thence N09°59'55"E. 30.00 feet: Thence S80°00'05''E. 1967.99 feet: Thence N55°00'24"E, 28.29 feet Thence S80°00'05"E. 6.1 I feet: Thence SO I 0 53' l 2"E, 30.66 feet: Thence $55°00'24"\V. 28.29 feet to the TRUE POINT OF BEGINNING. Legal Description prepared by: Mathew E. Selders Colorado License No. 27275 Drexel, Barrell & Co. 1800 38111 Street Boulder, CO 8030 I 303-442-4338 (. t.'11$~. ( )SC3f E:i~HWilt.<i(l(." 807 496 08/30/2011 02:53:07 PM Page 9 of 9 Jean Alberico, Garfield County, Colorado l~/'i'!:· .. ~r .00 Doc Fee: $0.00 eRecorded N09°59'55"E 30.00' 0 SCALE 1n = 400' MQIE. THIS MAP IS NOT A LAND SURVEY PLAT OR AN IMPROVEMENT SURVEY PLAT. THE PURPOSE OF THIS MAP IS TO GRAPHICALLY SHOW THE LOCA 110N OF THE lRACT OF LAND DESCRIBED IN THE ACCOMPANYING LEGAL OESCRlPTION. NE COR. NW1/ 4 NEl/4 SEC. 32 FOUND 3 1/4" ALUM. CAP MARKED "LS 26626" N1/4 COR. SEC. 32, T7S, R87W 6TH P. M. FOUND LAVA STONE IN MOUND OF STONES BASIS OF BEARINGS! N89.57'30"E ' ' ' 1324.32'll 1 A , POINT OF '/Y j ~ COMMENCEMENT___../~ LINE NWl/4 N£1/"" ,~ 'tO N55.,00'24"E 28.29' i~ S80°00'05"E i 6.11' ''? S01°53'12"E! ~ 30.66' jb Nao•oo•os"w lg ~64589' ' S55°00'2411 W 28.29' Nso•oo•os·w 1281.43' N64 03'47"W 72.64' EXHIBIT MAP OF A TRACT OF LAND LOCATED IN THE N1/2 OF SECTION 32 ANO IN THE N1/2 OF SECTION 31, T7S, R87W OF THE 6TH P.M., COUNTY OF GARFIELD. STATE OF COLORADO. Ill "o:QWAt«:E WITH CRS ~-80-105: ~ ACCOROINS TO COi.ORA()() LAW YOU J.ll!Sl COllMENCE JollY LEGAi. ACTION 8AS!:O UPOH ANY 0Ef'£CT IN 'IM!S SUllVEY \\llHllt lHREE ~S >i'iER YOU FlRST OISCO'<al SUCtt DEFECT. IN NO E'91T, M4Y ANY l<CllON EIASEO UPON ANY OEftCT IN THIS SIJR'<tY et: COMMENCED MOR£ 111#1 TEN ~ F1\0IA 1liE OA'IE Of' 1ll£ CERllflC...'llON Sl!O'MI ~ON. Drexel, Barrell & Co. ~ • .,;s ...... ,...rs !BOO 381'11 SlJt!ZT BOVU>ER, COLORADO 110301 (303) 4-42-4338 COLOIW>O SPltlllCS. COLORADO {719) uo-0887 DzmD, COLOllAl>O {1~) 214-~ OIWID JUllC1ION. COIDIW>O (g"j'O) 2117-lll!SO Gl!ltK!ZT. COLOJIAI>O (m) ~~ /¥, STEOIBOAT 5Pflll'Oa. COLOIWX> (970) lm-1&2$ Rovfsiont -Oalo I [0010 IDrofm · ey I Job No. e;22;10 sos E5875 Scale I Chec•ed ey 1-----------l 1·~.coo· MES 80247 4 05/12/2011 10:51 :01 AM Page 1 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded MID VALLEY METROPOLITAN DISTRICT RESOLUTION NO • .:J:::_ SERIES OF 2011 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MID VALLEY METROPOLITAN DISTRICT APPROVING THE PETITION FOR INCLUSION OF OSCAR AND WILMA CERISE MAIN RANCH COMPANY. DIRECTING THE ATIORNEYS OF THE DISTRICT TO TAKE SUCH ACTIONS AS ARE REOUIBED BY STATUTES FOR SPECIAL DISTRICT JNCLUSIONS. AND APPROVING AN INCLUSION AGREEMENT. WHEREAS, Mid Valley Metropolitan District (hereinafter "District") is a Colorado special district fonned and functioning by authority of C.R.S. § 32-1-101 et~.; and WHEREAS, C.R.S. § 32-1-401 et seq. contains rqtUirements and procedures for inclusion of new areas within special districts; and WHEREAS, .the Board of Directors received a Petition for Inclusion dated February 25, 2011, within the District from Oscar and Wilma Cerise Main Ranch Company, which is the fee and equitable owner of one hundred percent (100%) of the real property sought to be included within the District, which real property is more particularly described on Exhibit A attached hereto and incorporated herein by this reference (hereinafter "Property''); and WHEREAS, pursuant to C.R.S. § 32-1-401 (1 )(b ), Notice of a Public Meeting to consider the Petition will be published in The Glenwood Springs Post Independent and The Aspen Times Daily newspaper on March 13th, 141h, 15th, 16th, and 17~ 2011; and WHEREAS, no municipality or county wbicll may have been able to provide service to the property proposed for inclusion, or any person in the existing District, filed a written objection to the inclusion of the Property or appeared in person to object thereto; and · .... WHEREAS, C.R.S. § 32-1-401 (3) provides that letter notification of a meeting to consider a Petition for Inclusion shall not be necessary .where the Petitioners represent one hundred percent (1000/o) of the property owners in the area to be included; and WHEREAS, the Board of Directors held a public hearing to consider the Petition on March 17, 2011; and WHEREAS, the Board of Directors com;:eptually approved said inclusion at the meeting on March 17, 2011, pursuantto C.R.S. § 32-1-40l(l)(c)(I), subject to the terms and conditions of an Inclusion Agreement to be entered into between the parties; and WHEREAS, the Board of Directors finds that the District is capable of providing water and sewer service to the property proposed for inclusion and deems it to be in the best interest of the District to include said property within the District. , , . NOW;THEREFORE, BE IT RESOLYED by the Board of Directors of the Mid Valley Maoch1"2011 80247 4 05/12/2011 10:51 :01 AM Page 2 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded Metropolitan District that I. The Petition for Inclusion of the Oscar and Wilma Cerise Main Ranch Company is hereby granted to include within the District the Property subject to the terms and conditions of the Inclusion Agreement between the parties. 2. The attorneys for the District shall take such actions as are necessary and proper under state law to formalize the inclusion of said property within the District, including the filing of a Motion and proposed Order with the Eagle County District Court and filing a copy of the resulting Order with the Garfield County Clerk and Recorder, subject to the tenns of Paragraph 7 of the attached Inclusion Agreement. 3. The Inclusion Agreement attached hereto as Exhibit B is hereby approved, and the President and Secretary are authorized to execute said agreement on behalf of the District The Inclusion Agreement shall be recorded in the office of the Garfield County Clerk and Recorder. Read and adopted this 17th day ofJy'[arch, 2011, by the Board of Directors of Mid Valley Metropolitan District by a vote of _5_ to _Q_. MID VALLEY METROPOLITAN DISTRICT By ~~ President ~£~ ATTEST: ~~ March16.2011 -2- 80247 4 05/12/2011 10:51 :01 AM Page 3 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded /;" / LEGAL OE§CBlpUON-NQRTHERLY CEBISJ§ !lARCEL A TRACT OF LAND SITUATEO.IN LOTS 1 AND 8 OF SECTION 31 'AND IN • LOT s·oF SECTION 32, AlL.rN TOWN.SHIP 7 SoUTrl, RANGE87WEST.OF THE alb PRINCIPAL fi4ERU;J_!AN, GARFIELD~OUNTY, COLORADO. LYtNG N0RTHERL Y OF ANO ADJA"CEN.TTO·THE.NORTHERLV'RIGHT-OF•WAY LINE OF COlOAADO STATE.HiGHWAY NO. 82 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATJHE INTER,SECT!G>N OF THE WESTERLY BOUNDARY LINE OF SAID LOT 6 AND THE NORTHERLY RfGHT~OF-WAY LINE OF ·SAlD HIGHWAY NO. 82WHENcE A STONE .Fot:mo·1N:~.i.ACE FOR !HE WITNESS CORNER TO THE NORTHEAST CORNER OF SAlD SECTION 31 BEARS N . 41°44'10"E 1355.70FEET;THENOES t9"55;52oE!?351.84 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE.TO APO.INT ON.THE'WESTERl;Y BOUNDARY utjE OF A l'A~Cel df! LANO DESCRIBED JN" BOOK514' AT PAGE 870 AS RECEPTION NO. 2fJ6099 OFTHE-RECPRDS OF THE ·GARFIELD COUNTY ClEt{KAND RECORDER. ALSO BEING A:POINT IN A FENCE AS BUILT AND IN PLACE; fH.ENCE AL:O.N$·SA!D FENCE ON ntE FOllOWJNGFl\1E(5),COURSE&. N 00°33'36"W&38A1 FEET;THiNCE"N 01'"36'00"W 43~7·7 FEE'f; THENCE'N 03°34'31'W79"03 FEET; THENCE N 00°00'38"E 200.86 FEET; THENCE N 61"12'52"W 238:22 FEET; J'HENCE' . LEAVING SAJD FENCE ON A COURSE BEARING 'NORTH"FOR4.31 FEET ro· A POINT ON THE NOR"fHERLY BOUNDARY t.INE OF SAID LOT$ IN SAJD SECTION 32; THENCE·WE~r 1835.42 FEJ;'r ALONG THE·NORTH~ Y BOUNDARY LINES OF $AID LOT' 5 JN SAID SECTION 32 AND LOTS IN SAID SECTION 31 i THENCE N 60q44'0S"W 298.63 FEE.!; iHENC'c S 00°02'13"E 723.71 FEET TO THE· POINT.OF B5GINNINQ, ·CONt AINING 41.64 ACRES MORE OR LESS. ' I ..... ExhlbltA .. · .. . ...... . 80247 4 05/12/2011 10:51 :01 AM Page 4 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded MID V ALLEYME1ROPOLITANDISTRICT OSCAR AND Wll.,MA CERISE MAIN RANCH COMPANY INCLUSION AGREEMENT Aofl \This Inclusion Agreement (hereinafter the "Agreement") is made and entered into this 2.1-:;f da)ibf-Mttreh, 2011 by and between the Mid Va,ley Metropolitan District, a Colorado special district whose address is 0031 Duroux Lane, Suite A. Basalt, Colorado 81621 (hereinafter the ''District"), and Oscar and Wilma Cerise Main Ranch Company, whose address is 0086 County Road 104, Carbondale, CO 81623 (hereinafter the "Petitioner"). WITNESS ETH: WHEREAS, the District and Petitioner desire to set forth their understandings and agreements concerning the inclusion of the Petitioner's property, known as the Oscar and Wilma Cerise Main Ranch Company and more particularly described on Exhibit A attached hereto and incorporated herein by this reference, (hereinafter, the "Property'') into the District and the provision of sanitary sewer and water services to the Property. NOW, THEREFORE, for and in consideration of the mutual covenants and promises of the parties, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties, on behalf of themselves and their successors, assigns, devisees, or transferees, agree as follows: 1. District Rules and Regulations. The Petitioner hereby consents to be bound by, and agrees that the Property itself shall be subject to, the Districf s Rules and Regulations adopted April 15, 2008, as amended from time to time (the "Rules and Regulations"). Additionally, upon entry of an Inc1usion Order the Property shall be subject to all taxes, fees, rates, tolls, and charges now in effect or which may later be levied or collected by the District. Further, an connections to the District Water or Sewer Systems and all lines for water or sewer service on the Property shall be made in accordance with the Rules and Regulations and technical specifications of the District 2. Water and Sewer Tap Fees I Connection. The District and Petitioner acknowledge that, for each Lot on the Property, Petitioner or its successor Lot buyer(s) shall submit an Application for Water and Sewer Service to the District pursuant to, and at the time required by, the Rules and Regulations, pay the District's Water and Sewer Tap Fees then in effect, and connect to the District's Water and Sewer Systems. Tue parties further agree that as a condition of inclusion of the Property, Petitioner shall enter into a System Development Fee Purchase Agreement with the District providing for one half of the total Tap Fees owed for all developmentto occur on the Property, to be paid on an equal, phased basis over a five year period commencing in the first calendar year afterthe recording of the first Final Subdivision Plat for the Property. The System Development Fee Purchase Agreement to be executed by the parties prior to the first Final Subdivision Plat approval for the Property shall address the terms and conditions of this obligation in greater detail. In the event that each Lot is served by raw water irrigation as provided in Paragraph 4 below, the total 1 80247 4 05/12/2011 10:51 :01 AM Page 5 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded amount owed to the District in Water Tap Fees shall be discounted as provided in the Rules and Regulations of the District. 3. Line Extension Agreement. At or prior to the first Final Subdivision Plat approval for development of the Property, Petitioner shall be required to enter into a standard Line Extension Agreement with the District, which Agreement shall also implement the relevant provisions of this Agreement. 4. Raw Water Irrigation. Petitioner shall comply with Article XI of the District' sRules and Regulations regarding raw water irrigation. Unless the District grants an exemption based on extraordinary or unique circumstances pursuant to Section ll.04(C), the Property shall be served with raw water to be used for all lawn, garden, park and open space irrigation purposes. If the Property is not approved by the District to be served with raw water for such purposes, then the Petitioner hereby acknowledges and agrees that it shall pay the District's full Water Tap Fee and shall not irrigate more than 2,500 square feet oflawn and gardens for each Lot. Such limits shalJ be specified in the covenants to be adopted for the Oscar and Wilma Cerise Main Ranch Company homeowners association and approved by the District. In the event the Property is irrigated by raw water, Petitioner shall be eligible for discounted Tap Fees and cash in lieu of water rights dedications fees as set forth in the Rules and Regulations. 5. Easements. a. Utility Easements. Petitioner shall convey to the District, for no additional consideration, utility easements on and across the Property or as otherwise necessary to provide service to the Property as required and approved by the District, which easements shall be particularly described on the deed and final utility plan, if applicable. Petitioner agrees to dedicate the above-described easements to the District via special warranty deed, free and clear of all liens and encumbrances which would interfere, as determined by the District, with the District's use of the easements. All easements to be dedicated shall be general utility easements of a width determined by the District. The District hereby agrees that any and all District utility easements will be located outside of the building envelopes of the Oscar and Wihna Cerise Main Ranch Company Lots as shown on the Final Subdivision Plat(s). b. Well Easements. As part of Petitioner's Preliminary Plan submittal, Petitioner and the District shall mutually agree upon the location of one potential well site on the Property and easements providing access and utility connection to such site, which approval shall not be unreasonably withheld; provided, however, that the parties agree the District is only entitled to construct a well and appurtenant facilities (mcluding required treatment facilities). 6. Water Rights Dedication. The parties agree that as part of the Line Extension Agreement for the Property, Petitioner shall agree to either dedicate sufficient water rights to the District for in-house use and irrigation of up to 2,500 square feet per single family residence or, at the sole discretion of the District, to pay cash in lieu of such dedication in the amount then in effect 2 80247 4 05/12/2011 10:51 :01 AM Page 6 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded at Final Subdivision Plat pursuant to Section 10.03 of the Rules and Regulations. A reduction in water rights dedication cash-in-lieu fees shaU be granted if Petitioner installs a complete raw water system and submits covenants prohibiting use of potable water for non in-house purposes to the District for its review and approval. 7. Filing of Inclusion Order. The District agrees to file the proposed Inclusion Order with the Garfield County District Court immediately after submittal of the first Final Subdivision Plat application deemed complete by Garfield County for any portion of the Property. Petitioner hereby consents to such filing at that time. 8. Construction of Water and Sewer Facilities. As to be further detailed in the Line Extension Agreement, Petitioner shall construct water and sewer facilities to serve the Property. Final plans and specifications for the water and sewer facilities shall be approved by District in the form of a Line Extension Agreement to be executed by the parties prior to approval of the first Final Subdivision Plat for the Property. 9. Cost Recovery. The Line Extension Agreement for the Property shall include cost recovery provisions to be paid by Petitioner pursuant to the Cost Recovery Agreements then in effect which are applicable to Petitioner's property. The District has entered into an Inclusion Agreement dated February 18, 2009 with TCI Lane Ranch, LLC, which contains cost recovery provisions. 10. Binding Agreement I Covenant. This Agreement shall be binding upon and inure to the benefit of the parties and their successors, assigns, heirs, devisees, or transferees. The parties agree and intend that this Agreement shall run with the Property and be a burden and covenant on that Property. 11. Complete Agreement. This Agreement constitutes the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transactions contempt~ except as expressly set forth herein. AU prior and contemporaneous negotiations and understandings between the parties are embodied and merged into this Agreement. 12. Attorney Fees and Costs. In the event that legal action is necessary to enforce the provisions of this Agreement, the prevailing party shall be entitled to damages and reasonable attorney fees and costs. 13. Authority to Bind. The persons signing below represent and warrant that they have the authority to sign on behalf of and to bind the entity they represent to the tenns and conditions of this Agreement. 3 80247 4 05/12/2011 10:51 :01 AM Page 7 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth next to their signatures. MID VALLEY METROPOLITAN DISTRICT Date: AQ# ZI 1 ~011 By ~ I President -/A /,/-:Jh.O ~----~ OSCAR AND WILMA CERISE MAIN RANCH CO:MPANY tdJr~ By: Cllf""F6RD CERISE ~eral Partner 4 80247 4 05/12/2011 10:51 :01 AM Page 8 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded STATE OF COLORADO ) ) SS. COUNTYOF~ ) Acknowledged, subscnbed, and sworn to before me this ..2..b± day of Ap.M.L , 2011,by hlfck.. Lo6pe< ,asPresident,and Sejfr~ orsu.14.k.. ~Secretazy,on behalf of the Mid Valley Metropolitan District. WITNESSmyhandandofficialseal. MyCommissionexpires: 4/2?./;;ztJ 13 r1 Dilm,, u. ~ Notary Public STATE OF COLORADO ) d) SS. COUNTY OF G-ar.he J ) Acknowledged, subscribed, and sworn to before me this Id ~y of ftpn 'j , 2011, by Clifford Cerise, as General Partner of the Oscar and Wihna Cerise Main Ranch Company. WITNESS my hand and official seal. My Commission expires: / d.. -J B-;;/.CJ/ ;J_, . s ~vdJ.Ccvwu Notary Public ANNE M. CANAN NOTARY PUBLIC STATE OF COLORADO MyCOfMiNIOn~ 12113'2012 80247 4 05/12/2011 10:51 :01 AM Page 9 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded /'. t ,• LEGAL DESCRIPTIQN-NORIHERL Y yERIS~ PARCEL A TRACT OF LAND SITUATED IN LOTS 1 AND 8 OF SECTION 31.AND IN LOT s·pF SECTION 32, All IN TOWNSHIP 7 SOUTH, RANGE 87 WEST.OF THE 61n PRINCIPAL !14ERIQ!Afl. GARFIELD·COUNTY, COLORADO, LYING NGRTHEBLY OF AND AOJACEN:TTO THE NORTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 82 AND BEING MORE PARTICULARLY DESCRIBED A$ FOLLOWS; BEGINNfNG AT:THE INTERSECTl0N OF THE WESTERLY BOUNDARY LINE OF SAID LOT 8 ANO THE NORTHERLY RIGHT-OF-WAY LINE OF ·SAlD HIGHWAY NO. SQ WHENCE A STONE FOUND· IN PLACE FOR THE WITNESS CORNER TO THE NORTHEAST CORNER OF SAID SECTION 31 BEARS N . 41"44'10"E 1355.70 FEET; THENCE S 7.9°55'52"E 2351.94 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO A POINT ON THE WESTERLY BOUNDARY LINE OF A PARCEL OF LAND OE;SCRIBED IN BOOK514 AT PAGE 870 AS RECEPTION NO. 288099 OF THE RECORDS OF THE ·GARFIELD COUNTY CLERK AND RECORDER, ALSO BEING A POINT IN A FENCE AS BUILT AND IN PLACE; THENCE AL:ONQ SA.ID FENCE ON l'JiE FOt.LOWJNG Fl\1E(5) COURSES: N OOQ33'36'W 53"8.41 FEET; THENCE N 01"36'00"W 43-. 77 FEET; THENCE N 03°34'31"W 79.03 FEET; THENCE N 00°00'38"E 208.86 FEET; THENCE N 61°12'52"W 238.22 F.EET; THENCE . LEAVING SAJD FENCE ONA COURSE BEARING NORTH"FOR4.31 FEET To· A POINT ON THE NORTHERLY BOUNDARY LINE Of SAID LOT 5 IN SAJD SECTION 32; THENCEWE$T 1835.42 FEE;T ALONG THE·NORTHERLY BOUNOARY LINES OF SAID LOT' 5 !N SAID SECTION 32 AND LOT 8 TN SAID SECTION 31 j THENCE N 60°44'03"W 298.63 FEET; THENCE S 00°02'13"E 723.71 FEET TO THE-POINT OF BEGINNING, CONT AINlNG 41.64 ACRES MORE OR LESS. . . "\ I """ E)(hibitA ....... 1· I' N (//~~ .1 o.~·-fa.~:: ,lo-4()7 n-ty THE UNITED STATES OF AMERICA. 1.:o.talVfo. whom these Presents shall come, GREETING: vu;{;{~ 1617 CertIBcate No. ,_:!li;_i_.-... -.. ~/ · /l ';) · . r . (;/(;~1:'.: a 1 C!.//J ,,, /. '/ ~ ~((2 1 . i; . ::))· lb_ ;:-. "1' , . ' L: . ( -~ . 4~ ·dop,,;too :a:~:~~~;a-:::~:;~~~;::::;:/s:1:·:,fi:t:f~ i~~ ; ~ ~ ~ ~~ \.J'~ . . ;?/;/' Q (;} . 1?) / . 4 . . . Register of the Land Office aL .. 1"""' .. _u;;,.z,u.,u:zt~S:J;./?~.o.} .. ~, ... ~~ ....... wlmeby it appea!S that full payment has been_ made. by the said ..... ?/!}l:!{t.o.::?.~J&-Lr.4 ... 1f.{.<!..@L:.~v..~.,.= ......................................... .. according to the provisions of the Act of Congress of the 24th of April, 1820, entitled "An Act making further provi:>ion for the sale of · the Public Lands, 11 and the acts _ _,,,,. 1 ~ • (ft-i ~ ' ~'} ~· " . >. I ~ -A .. °7' / ~ . ~/'""'""! thmto~' ~~,--------;731--a:----n-1;•-=LJ according to the Official Plat of the Su1'vey of the said lani!s, returned has NOW KNOW YE, That the UNITED STATES OF AMERICA, in consideration of the premises, and ·in conformity with the several Acts of Congress iu such case made and provided, HA VE GIVEJt,jND GRANTED, .. and by . these presents DO GIVE AND GRANT, unto the said ~ J. ~&/,t<ll~ ... ~ ........... heirs, the said lf{ict above described; TO HA VE AND TO HOLD the same, together with. all the rights, privileges, immunities, and appurtenances, of whatsoever nature, ~ ~'k~~:;::;~-::;~~~~-:::·t~;-::::~j"_@i ~ and to ......... ~ ................... heirs and assigns forever; subject I for mining, ·agricultural, manufacturing, or other· purposes, and rights to ditches reservoirs used in connection with such water rights, as may be recognized and "v ! IV v. acknowledged by the local customs, laws, and decisions of courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by law; and there is reserved from the lands hereby granted. a right of way thereon for ditches or canals constructed by the authority of the United States. _ / In testimony whereof ~~ft~esident of the United States of Ameri:, vf/,~ caused these letters to be made Patent, and the seal of the General Laud Office to be hereunto affixed. ( ~,.·VE un er m , . , , f Y hand ' --------tho C1't o ---yof ~ -_________ day of ~tho my w .. h;ngto \ ~ of on L .:'.~ n, tho --~ ~ ~J and :f :: 0 : 0 thou.md ~~~::~.~-.. y .................. : .. ., in ;r_ year ~~'~ ~ pond "" of ---___ d:h-a?_ "" II . ~· m<L ---tho Ufiltol S .............. .. ' I ~ --tat" th ~.~ ( -/\ v) By tho m.;iJ,"1~-~-=--y -, ' . -;) o~o hunfuod ~ ·1 \ ~ By ;jlfl, ~--9~ ---/ ~ --\___ ____, ----,_ --~~ --~-"'4--~ · ecorded . /1"7 /ii)~ .................................. S ------~ ~L -ooretlly ....................... ' Vol. ..... ~ .. ~ .......................... ~ .--.... . R~~~;;.ler.-f. h. ·: ....... ~ ....... -• oteG ........ . eneral Lani'Offi_ .. _,.. ___ _ ce. ' ' _! . II ! · • .. · .. ·· .~~· ... : .• · ,' .... : · .. ·. • •·· · · ',, r. i R · ... -d t 3 ... ·. • 1 , 'iQ M .lWt., . ., "197l3·. . . . .. ·. . .. . :· ·::·}S;:}~.::j;;'.f !l*~~f,¥} · BOUr15 I 4 PAGE 875:': ::<''•' .. eCO-Ue · S. ··.---·---. , •• 2 ... ,6 . 8 .. o;Jf,c 0 . QCZ. .... fF:.--:--·'··:···'.. . •. -:···-········-,········-. ·-·-.. -... - t . 'T 0 .Jl. 2 t .. . .· R .d Recep ion i~o. ··--···-··-··--------Ella :S ep:b:ns.o ecor er · · ·· · · · •·· <! · ; .·<s;:~·;~i;,; . ACCESS AGREr:MENT .·· .. . . ·. ' .. ' . ·.... ·.. .. -~-. · .. : THE UNDERSIGNED hereby sell and quit cla'in.i .to ClfA~LES E.' 140RTH, ANN G. WORTH, Trustees, JOHN R .. CARLSON; PORTIAA.. CARLSON, .. ERNEST RANDOLPH FOSTER, ANNE L •. FOSTER, THE ROAR.ING FORK·. BAPTIST CHURCH~ OSCAR CERISE and WILMA CERISE.a perpetualasstgnable none){clU:~ive access easement for ingress .and egress consisting of: .. · · ·· · · · A strip of land 30 feet in ·width to be used, as an ~.~c~s15 rciad ... ·. located in Government Lots 4 and 5, ·Section 32, a.rid .-Lo't T, Sec=::· :1 .. -.... :._ tion 31, Tovmship 7 South, Range 87 West of. the Sixth Principal . .. Heridian, lying Northerly of the Northerly right-of-,.:way of State~. · Highway 82, and Westerly of the Easterly 306 .5 feet '.of· sc;id ·;tot·,.. ·• 5, being 15 feet on eit11er side of the· following described ceritei':~ .. : ···· line: . . . .. Beginning at the witness corner to the Northeast corn~r of· said .Section 31, a rock in place; .thence S. 42°14'22'.' E.'; .212L85 feet to a point on said right-of-way' the centerline of said acce.ss road,. t11e "true" point of beginning; thence leaving said riB;lit-of::-:. way, N. 00°17 1 28 11 W., 718.32 feet along said centerline; therice · · N. 00°58'33" E., 238.00 feet along said centerline; thence 196.08 feet-along a curve to the left, along_ said centerline, having a radius 158. 18 feet and chord of ·wbich bears N. 34° 32 '05" W. , · . 183.76 feet; thence 194.59 feet aldng a curve to the left, along. said centerline, having a radius 709.38 fqet and chord of ~iic~. be2rs N. 77°54'12" W., 193.98 feet; the:nc.e N. 85°1+5'42" W., · 193.58 fc:et a1ong said ct:nterline; t]1c:-nce 39.81+ feet .::ilong a curve to. the left, ~lorig said centerline, having a radius 180.87 feet and chord of which bears S. 87°55'1~2 11 W., 39.76 feet; thence 97.86 feet along a curve to the right, along said· cC.-nt•:rUne, J1aving a radius . ·.·.·. ltl"0.1+5 feet and chord of which bears S.· 87°58'59" W., 97.65 feet; th<.nce N. 35c39'08" W. 87.57 feet along said cer1terline; t11ence N~·. 38"12'36" W., 178.01 fec:i: along said centerline; thence S. 83°56'Lr.4" W., l:o a point on .U1e Westerly l)<;)1m<lary as described in Document.· · No. 250900 located in the Clerk end R8corder's office of Garfield County, Colorado. 'fhi.s e;~ser,1:-int is for the benefit of :Ci:!al property of the gr2ntees located, in GovE:rnment .Lots /~, 5, and 6, Section 32, and Lot 1, Sec- tion 31 , Tp . 7 S . , R . 8 7 ~.J . , 6th P . M . //~ /'7 // 7-;f ··· ~~ .. -:dt/d7:f:K .·. ----... c4:~::r;:< ~-t(. ~hd~: ______ ... _ Cb<1rl(;s E. Wc.n:i..h, f1:1.istc:e :•.:m G. Worln, T1·i1:3tce /·,.J11-c"ss· J~s~,,·-z"t1 1·e 1\·nc·11 c.,J, ..... .:."''o . .<.CL. .) _ _, .•• •.J • , .Si . 1 >:;' -~-..--!_!) /") v • I~ // ,/'1 . ft/~~ .L!_. v~ --······· --~~~-u . .ell'~-Joik ~~~~~~n 1ort1a A. Carlson 16704 Hig11way 82, Carbondale, Colorado .. . ~-' -.:·: _.;<' /:' / / ./-~-/-. / ... /·-:-0 ,/~d;,. . -v·,.~.-:::7~~~--~:.t~~~?~~ ... ___ .af,;:.,L£<?L. .. __ ?-2'.( __ .~-.ii:~!__ __ ':_~· Eri1CSt 1'.2ndolph rostr::r hl1ll'.:' • Fost:er . Ad~1ress: 161;70 State Hig11way 82, .C<n·bondal.e, Colon>do THE ROAR HlG FOi\K BAl'TIST CJiURCH /i :..-..> -..J // ,,._.~· ··J~ . /7 ... · .•. · BY. :-::'_7.~~z..1-:' .. ~(E-:--d)f-~ .. c. ..• _ .... : ___ .. _:~r.{fi~-GL( Address: 1611 /0 St:1 tc iJ:wy 82 Cn)~pondHl e, . Colorado :'\·' . BOllK514rAGEB76 . . ·.·.·ct'~~e_Q~· Oscar Cerise rYA~CQ/~ Wilma Cerise Addr.ess: 0281 County Road 105, Carbondale; Colorado STATE OF C0~9f\APQ ) . if' ( 'f-;u,,.,_, ) s.s . COUNTY OF GARFIELB ) The foregoing instrument was acknowledged before m~ this 5th day, ... of July, 1978 by Charles E. Worth and Ann G. Worth, Trustees. _,-~\~itness my hand and ofBl'.!ial seal. · _/,;~J/r.~ .-commission expires: 1UJ-r_t--f!./n .. --l~ ~ ;cl:(t· t~.\ ~. . °'--"~~~· . · . L~Lb7 ~_,,-· / I·T t p~· . . · -~-:o:· ... ,_1 . .: . _· " ary ~Uo.Ll. ··,{1,io·.:!:.> .. }~:;.''.-. I . STATE OF 111~0LORADO. ) /'l , r, /.. . If I ;t-.--/.:._<--,-... ) S S • COUNTY OF Gl\.RFIELD ) ;!:he·.· f0.x:egoing instrument was acknowledged before me this :Sth 9:ayJ .C?.f.;:.T.µJ.:y_, 1978 by John R. Carlson. _.-: ;'}ri..i.~n~ss·'.mU:. hand and official seal. . . ··">··0-' ,J. ,; · • I 7/0/70 ; Q _:°l'b:· cc5gmi~t:?:on expires: '-i)rJ-1.Ae_.-:,,~LtU!.A,) f /. (·/ tl. ~ -~ ~ ~· ; ;; ) ~-~ ~ '.3--... ,...-.J._y ... .:-.: := ~·· ,, ,..) __ ., ~~--..... ,-··~---: ~~~,;; ~ ~·o· · ...... \ :.:.~..,.·: ...... .. ,,,, , ... : .. ,· 11 'Jns;.\\.\.~., .. ". ~ St ,. . . . I ; .. ' -' . ' . . /'· ' -..; h ( .., • j ' _,~ ~-£.A .. /c....: ,,. ... ,.. ~/....<2.._.;,.~.--7. _____ uL~- 1{ ary Pubil~ . C · STATE OF COJORA .. DO ) . '!-' 1"/-~,<.) ) s s . COl..iNTY OF :-611:-R-FIELB· ) . ,.-·"fhe fo.r·egoing instrument was acknowledged before me this 5 th./pay of .Ji.'.i;:l;y;. 19 7 S by Portia A. Car 1 son. / · · 'WiJ::n·e.'.S)s···iny~~hand and official seal. :. : Wfl ~oi:mnis's:ii_on expires: t..f)S--l'-C-,-·-,1 ... h ... C...·L.J 1/1 /q/,ig. ~~:;\ ~ l -~;,-_.:~j . ... / ,' . , < . ~ . .. .'.!,, : / • " ~-# .. !, <~· .. ,~~. "/::. . .\~ .. ;;:~~/ -.. J,_(2,._'J.'""'!:::J~,, :~f..:_ !:}:!~~~!:.:~-~~~~~~- ..... ,;,O iJ ·• 1.-·· .. ;.,· 36tary Publ:ic ,1-- , I ', ' .. I ' • ' '\' ~ • • ' STATE OF COJ,,,ORA.DC) ) f I ~,l.t.,,..; ) s s . COUln'Y 01'' 8!>.RFIJ:LD ) The foregoing :l.nstrurn.cnt was acknowlcd8cd before me tbis 5th dc>.y.~·fif"July, 1978 by Ernest Randolph Fostc:.r and Ann I .... Foster. ::· ~,~.!~i~1~·ss my hand eind official seal-. -, " ... . ,C:--.... . • . • • i...1·1 1' .. I t.-" /1 <.. '{ p :f.;1[-1·f[,~01~II_ll.Ss:i.:pn expires: f'u.-·<.<..(:....,-..,v1,,..--<::_,,\. 1,, I Io \~:.\:--:,,>I.!):-~· ' '> -:,:_\ (/ ;.~ :,., .. . (., ' . .. . .. . .. "-:-l . " / , . " "· .... -' .· . . --~· """" !:.:'. ,1._'":::c·~-::,,.._7")~-°'7· .J&:::..'-i..~jgg_,::1 .. -:/_ · ·''JO$.;•''' -· ~"ot ·ry Pub] ic/; 1-.,,,~.'~ ... ;::·.··:· .. ·' :: _, ( --· ~· l STATE OF C?JrO~Ai?O ) ;lr}C.fu~.() ) SS. COUNTY OF G.'1::.1rELD-) The foregoing instrument was acknowli:dged b.::fo?~e me this 5th day .. of ... ,J\1ly, 1978 by --~'-,1~_;,;_/: ___ /1.£'-'.!fl!<;.lj2./.:.. .. _.Fi.:s_f~(-;;.Ji.~ for The Roa'r.;i:'1'ig Foi_k' Bfl,ptist C1mrch. · _/'.· .. W:U.'.ij.c:ss-,.11'ry hand and of~j.cia~ .seal.. . _ ~ . _,;· · . .-· l~f c·9;pm :i\s ~\ion exp ir cs : I L{'--iL.('. _.....,. ,L..-[.U',_.-\..-7 f ) ~i 17 ,f ~;:\ ~ '. :" ~ '7} • /~· .", '> • ~---. ~:/;;.,;-' ,, I ),., " ~. o:,,•;4,. • · . .J . " . \..,___ • IL ";( , . .t ~ -· -L--lv .... ,/_Y..-t .... . , <o.. . . ' . - . . , ___ -"'· ·--"""--'""""'""~· ./'. ::,.,_!, .".. ......... ·-· ...... -·---! -=:., ~? '· · · · .-_:.· N9·tary P.ubliC:> · '' .. ?·', ~' •.) ~~: • ;~:.":' .: •· . {./ . . , .· .··. , ··. . r..-· . 11,u·._~..,,;:\\\·\. · .. -2.,- ',:!:"· .·::· ) ss. .:·· ,•._: BOU~.5f4 FAG£. S77 .... ':.· ... ·:-::::··.-.. -.· ... ~~·<:'.>_:::·: .. : ' '' <:>·~·:':·::~~,~~1~,,;;;;i 1;thi(d)3'.i§;C.zs(?~;,,J,tjly~ ·.· 197 8 .. by ·Os ca;r ;Geris e and Wilma )~=~:i~~~:·~~~~t:J~~~-<:·· i '·· ".".' " .. -,,.. ···,· "' . ·< .. ; .: .:.<:'. ·::: .:« ,..:3_ ;:· .. ·. . ,d.'od. · ... '.· .. >Y .p l\MENoEnJ:UGHT~OF-WAY & E/l.SEMENT .· lteco:rd~d at .... ···'2{i·9994c1c ................ NL .•• , ... ~'Cr··;r2··197~---,-. BOUK479 PAGE875 ;Receptioa Jlo ...... ,,............................. Ella Stephens. Reeorder. .· · .. . Oscar Cerise & Wilma Cerise, his wife Grantor(s) of Carbondale, Colorado . . , does (do)· hereby sell· andconvey to ROCKY MOUNTAIN NATURAL GAS COMPANY, INC., Denver, Colora<lo, Grantee, fort.he sum of Ten and more ($10.00 and more) Dollars., and other valuable . consideration, the receipt and adequacy of which is hereby acknowledged, a right-of-way and easernent fifty (50) feet in width for the purposes of layi.ng, constructing, maintaining, operating, repairing, altering, replacing and removing pipelines (with valves, meters, fittings, appliances, and related facilities) for the transportation of gas over, through, under and across the following described land situate in the County of Garfield, State of Colorado, to wit: · T7S, R87W., of the 6th P~M. Section 31: Lot 8 arid Section 32: Lot 5. Said right-of-way is presently established by a 6 11 natural gas pipeline as shown by traverse on a map filed for record with the Garfield County Clerk & Recorder's office on May 4, 1962~ 10:00 a.m. with reception #217443 and sheet no. 508, and conveyed by easement .recorded October 19, 1961 at 2:25 p.m. in the Garfield County Clerk & E.ecorder's office, reception #215432, Book 337; page 229; Further this amended easement reflects the construction of an additional. four inch (4 11 ) natural gas transmission line 1t1ithin the existing easement as established and shown on the above mentioned map, reception #217443, from survey station 266+15 .. 0 ·to sta. 289+97.0, a total distance of 2382.0 feet. . . There is included in this grant the right, from time to time, to lay, construct, maintain, operate, alter, repair, remove, change the size of, and rep) ace one or more additional lines of pipef but f?r ~ny such additional lin,es Grantee shall pay or ten~er to Gran,:pr, ?r to Grantor s credit in the I.sf:" /\faT.c.H,;('.(._ I · Bank at ~/~ <-0<.:>o) Si_, (which Bank and its successor sha 11 . continue as the depository re gar ess at c iang s 1 t e ownership of said land), a sum equivalent to $1.00 per lineal rod of such additional line, or such proportionate part thereof as Grantor 1 s(s 1 ) interest in said lands bears to the entire fee, within ninety (90) days subsequent to the completion of the construction of such additional line. Grantee shall have all other rights and benef'its necessary or convenient for the full enjoymen and use of the rights herein granted, including, but without limiting the same, the free and full right of ingress and egress over and across said lands and othe~ lands of the Grantor(s) to and from said right-of-way and easement. Granter (s) hereby warrants and agrees to defend the title to the above described premises. Grantor(s) shall have the use of such right-of-way and easement except for any use which conflicts with the purposes for which this right-of,-vJay and easement is granted; provided, however, Grantor(s) shall not build or construct nor permit to be built or constructed any building or other improvement over or across said right-of-way and easement. Grantee agrees to bury all pipelines so that they will not interfere with the cultivation of the land, and also to pay for any damage to fences, improvements, and growing crops which may arise from its operations hereunder; said damage, if not mutually agreed upon, to be ascertained by three disinterested persons; one to be appointed by the Grantor(s), one by Grantee, and the third by the two persons aforesaid, and the written award of said three persons, or any two of them, shall be final and conclusive. This grant covers all bf the agreements between the parties and no representations or statements, verbal or written, have been made modifying, adding to, or changing the terms of this agreement. · · This easement and right-of-way and all provisions hereof shall be applicable to and binding upon the parties and their respective heirs, devisees, successors and assigns. I~ WITNESS WHEREOF, Grantor(s) has (have) executed this Right-of-way and Easement this )f.st" day of Oc:f-o b~ t-' , 1975. Oscar Cerise Wilma Cerise = '}' · BIJUK478 PAGE 3.47 Recorded at . .JJ .... ~Q,z ..... 0 1 ciock.._.fl... ....• ll, ~-~f ... ~ ... _.}~!..~ .......... . M.S.T.& T. Co.Form 7321-C SH Z ·1975 (3-74) llece.pt~ma. i!o.___g~9:i 76 Jnla Ste:phens. Reco:r.dc;:r R/W 38338 - RIGHT-OF-WAY EASEMENT The UndersiJlned rontor (ond each and all of them if more than one) for and in consideration of THELVE Hu11Dl~ED "'-No 100----------------aollors ($ 1200. 00 ) in hand paid by the Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains and conveys unto The Mountain States Telephone and Telegraph Company, o Colorado corporation, 931 14th Street, Denver, Colorado, 80202, Grantee, its successors, assigns, lessees, licensees and agents c Right-of-Wey Easement and the right to construct, operate, maintain and remove such communication and other facilities, from time to time, as said Grantee may require upon,:o~iir; under and across the following described land which the Granter owns or in which the Granter hos any interest, to wit: EASEf.iGIT DESCRIPTIOi-1 Ai'ID THE EASEHEMT IS CONDITIOi'IAL &. SUBJECT TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF, situate in County of GARF I ELD , State of __ C=-O=L,,_O.:.:f~.o:A_,,D:.=0'---------- TOGETHER with the right of ingress end egress over and across the lands of the Granter to and from the o bove-descri bed property, the·6yht-!O'·d·e"1"-and-k.,,.,p .,,.t.,,,.ecl--a+!-}ree-s-o,.d-.,the,..ob-:Hl'<K-+H>n .. -o,;-mG)'" be !le<!e~rr -<lnd-the-ri;rht-to-p<-rm+t-ot!re,.. ~!1!;ty-e<>m)><HM es-to-., ~e-+lw-l'lght-t>f-woy-fo' RH)'...,..; Hi-Gro<H&<>-for thei-1' ""1-rt fly 1"''1""'~''- The Granter reserves the right to occupy, use, and cultivate said property for all purposes not inconsistent with the rights herein granted • ,<: />. . / ' /7'. -. At r_:.· ~;.. .. ~2---C:-<~--e-a::-r..:!.{:_f_. 8~~ . ") /. lfz_day of j<-~£·....-,A.D.,197? Signed and delivered this ,,-., ( {~,. ;...--o.....-C.....01..-/L. '-··~....e_~-L ,:./;.. _ t::. I ,-. - '"l ~ -l L -i ) L,·, ( -· _(.'· I ' ::u: STATE OF COLORADO ,-,.-L .(l County of .''''.-:.·~·""'·O.:·-<-i· ss. " ,-;; ._.,,_/ . . / ... The foregoing instrum,:n.'..-wos ,.?.·cknowle~ged bp[o~e .. m; ,!h'.s ~· . . A.4-~--Z::(.,.. '-·'·· day of · ·:;.--<:.< -"} •• -------, 19.;b, by ' > .,.; _..z....:.:~ G--~Y-r.::::_. c-1 c .... ·' t:L~J,-t:<..-<:'--C:. 'c:...;.1....<'.--;;L-<~· _ .-~-;;;:F:~'..: ~ . 'f!I TNEs:s. '."~ h'on(~nd offi cl~l 1:~~1. /, 0 ·J1y icomm1ss10.~· ~XR.'~,i:s .' / ?.-/ Z.Y ... ·;· . -:. ;-: ·~?;!: ~~~~~:; / (£;;.::. ·_::--"':::::£A~Lc.), :.:..L-.<-J <7-·L Notary Public SPACE RESERVED FOR RECORDER'S CERTIFICATE M.S.T. & T. CO. REMARKS: 2477. 8 FEET R/W NUMBER OSCAR & WILMA CERISE QUARTER SECT! ON HE M\·! SECTION 31 32 TOWNSHIP 7 7 JOB s s NUMBER c-5-0723 87 87 MAIL TO: MOUNTAIN ST A 1 ES RANGE ':! \·! TELEPHONE AND TELEGRAPH CO. PRINCIPAL SIXTH MERIDIAN EXCHANGE CARBONDALE · nc ~~· t LINE LEAD CODE, BURIED Bu. CA. ·CABLE OR CONDUIT - BOUr:.478 rAGE 348 EXHIBIT "A" A STRIP OF LAND EIGHT .(8) FEET IN WIDTH ON EACH SIDE OF A CENTERLINE DESCRIBED AS FOLLOvlS: BEGINNING AT THEN~ CORNER OF SECTION 31, Tol·l!~SHIP 7 Scum, RANG[ 87 WEST oF THE Gm P.M., GARF"IELD COUNTY, CoLORADo; THEMcE M.89°lllf'E., lfO F"EET TO A WITNESS CORNER SET BY COUNTY SURVEYOR; THENCE S.45•25 1 28 11 ~, 1 472.29 F"ECT TO THE TRUE POINT OF BEGINNING; THENCE s.4°38 1 30 11 E., 108.6 FEET; THENCE S.80•14 1 30"E., 2369.2 FEET TO THE POINT OF TERMINUS FROM WHICH SAID •ITNtSS CORNER GEARS M. G5·32•25"W.' 3726. 95 FEET, ;<-i;.1Gl1ESS &. [GRESS TO AMO FROM THE EASEl·IENT "AREA. LIMITED TO Dflll/[\·IAYS Al-ID CXISTll·IG IWADl1AYS. ""RELOCATION OF THE l3UlllED CABLE TO rACIL.ITATE OR UTILIZE DITCH OR 11rn1GATIOll C:AilALS UY THE GRANTOR WILL BE DONE AT THE GRANTEE'S SOLE EXPENSE UPON ~CASONABLC MOTIC[ TO ALLOW roll CONSTRUCTION. % TillS EASEl·IENT IS Gl~ANTED EXCLUSIVELY TO MtJUIHAIN BELL !"Of{ 13Ul{IED TELEPHONE i"ACILl llES ONLY AND HO OTHER UTILITIES 1·1AY UflLIZE THE EASEMEIH AREA \>/ITllOUT ·111E vllllTTC:-1 CONSENT OF THE GRANTOR. S1GNED HllS ' / -/·/' -~/.(,·/.£.l, DAY OF /· /,/ . t/. /) AT {I. :l>·L--U:·6->·c-d!..(.C-<::.-L-·', <:::.{J) STATE OF COLORADO. c.;. . ./,.'' /'17 COUNTY OF. -, .. {C·-2 .. ::'~~.<:'...-5,.S. r> } /"~ -'.'. · . "-<-/ A D 1 J ··"' . .· / ..... J? ,.. /.~): . ' -•'°) . 1[/ .•;I c.~ ·'Vt.-··"'-. C. (/ /' ' , )... .. (.. L:_. ·~'-""' . ._..._. v,_.. ( . . . .·. .: ,. . . ~ , , ..... •· - . I# r. .·C· ( /) l~..._ C._, L t ~J .. ( THE FOllEGOING INSTRUMENT •,/AS ACKNOWLEDGED BEf£1lE _ME THIS ://f:~1 DA"'f Of ,./.1 .. c'.,;_<:. -----------~' l '.) . 7 ~ , BY (,(/: (L.·~?...:..J-£., ('. lt /., ( ·c_,¢;.:_.!d~j .. . \•/l.TNESS M'f HAND AND OFFICIAL SEAL. MY C0141-l I SS I ot:i f:XP IR ES c/ -i . , ~ _.....,.._I,_ _ _._,,_~-- ...... :~ ...-,,.··· .J;.;. .. r; .. /; ...... /i/'h' /'~ .· L 6~,, -"·-""t.-.f::J:."/.L./:'. .• fde,, .::.-Yc--,Lc: ..!: · t :L. lfoTAllY Pi.113L I c ' ' ~i~~.::\:.'::~;l ~;set; ·c,. c o '-. · · '•-w;;.:~ ••..... OscAr~ 8..:. \-/J LMA ,. rr.: I SE R E C 0 R 0 E D /,2 3 8' 0 ~ C L 0 C K p. M • R E C # 457087 0£!: 2 ] 1gg3 MI l DRE D. AL SD 0 RF, GARF IE L 0 C 0 UN TY CLERK sno~0887 !'~cr640 rr r-•. ·--~ ~--, ··-• / r~ '.'-<. ... ...-... '•. !" '·, ,•" / :' .... \ J I I, ' \ \ // i I \ .\ ~ ; 1 ! \ \ ,; . l I • ) ··--· ,-\ I t ~ i ~ . -··----\ ! • \ • \ \ )1 .1 j 1 r l \,,:_..--/ ..., ..... _. / J ~ (, . -...... ......._,.r i::;,_ ~ r--------~-~:~~~x;:··l:i,i~-~i ;: ,:~~:::·'.<---- DISTRICT COURT, GARFIELD COUNTY, COLORADO Case No. 92CV30-l ' ' j t r--rrJv 11 '.·'1)1 '~ ' .. 1 ·}.::.._I . --· ~:::~FF~~~ ---------- ---- - - - - --------------- - ---- - -------· ...:.--=-.:.:=·= ... .:.:=::::::.-..::·~·~:::;..:.-...!:"!U"~-----· .. J RULE AND ORDER DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, Petitioner, v. OSCAR CERISE and WILMA CERISE; J.i C: ··.· i'_,; ROCKY MOUNTAIN NATURAL G~S COMPANY, INC., a Colorado corporation; . HOLY CROSS 'a;LECTRIC ASSOCIATION, INC., a Colorado ... c.c:i"tpotat·ion-;·-·-···········; THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation; and GEORGIA CHAMBERLAIN, as Treasurer of Garfield County, Respondents. THIS MATTER came before the court this day upon Consent to Entry of Rule and Order with respect to the acquisition of the property which is the subject matter of this action, said consent being duly executed by the persons interested as owners, and those otherwise interested of record; and it appearing to the court from said consent and the other pleadings herein that said persons are the record owners and those otherwise interested and that said persons have agreed with the petitioner upon the com- pensation to be paid herein; THE COURT FINDS: That it has full and complete jurisdic- tion of the subject matter of this action and the parties thereto; that service has been made upon all interested parties as required by law; that the petitioner and respondents Rocky Mountain Natural Gas Company, Holy Cross Electric Association, Inc. and The Mountain States Telephone and Telegraph Company, now known as US West Conununications, Inc., have entered into Stipu- lations whereby the easements of those respondents are recognized as valid encumbrances on the property to be conveyed herein; that the parties have agreed that the sum of $L!-~:f1llf~O~CQ~:pJ:j~$1~n1%~!\iP.'~~TO: Colorado Dep;.;rtment of Transportation <120·1 [. Ar~:Rns2s Avemie, Room ;291 rJ 0 ·1\1r-0 r r:ol')f" ·lo 0 1"'>')? " ,,1. _, ' ,, ti Lil, (J )"-·~ AlTENTlOf~; Rlght or Way &~on ........ JO/ snri~0887 P~Gf 6'41 full compensation to be paid for the taking of said property and all interests therein; that pursuant to said agreement, the peti- tioner has previously deposited the sum of $90,060 int6 ~he registry fund of this court which has been disbursed to the respondent-owners and that the petitioner has paid directly to the respondent-owners the additional sum of $22,600 and that the total sum of $112,660 paid to the respondents represents the full compensation to be paid for the taking of said property and all interests therein, including damages, costs and interest, if any; and, therefore, IT IS ORDERED; ADJUDGED! and DECREED that parcel Nos. 114 and ll4A, described in exhibit "A," and the access rights de- scribed in Exhibit "B,11 attached hereto and incorporated herein by reference, have been duly and lawfully taken by the petitioner pursuant to the Statutes and the Constitution of the State of Colorado; that the interests of the respondents in said parcels have been acquired by the petitioner, and that the title to said property, together with all appurtenances thereunto belonging, is hereby vested in the petitioner, subject only to the easements of Rocky Mountain Natural Gas Company, recorded in Book 337, Page 229 and Book 479, Page 875 of the records of Garfield County, and also subject to the easement of the Holy Cross Electric Associa- tion, Inc., recorded in Book 428, Page 539 of the records of Garfield County, and also subject to the easement of The Mountain States Telephone and Telegraph Co., now known as US West Commu- nications, Inc., recorded in Book 478, Page 347 of the records of Garfield County; and, it is FURTHER ORDERED that a certified copy of this Rule and Order be recorded and indexed in the office of the clerk and recorder of Garfield County, in like manner and with like effect as if it were a deed of conveyance from the owner and parties interested to the petitioner herein. DATED £d~f , 1993. 7 --~-----·------·-~--.hG Alpha COrviBl!'JE:D c.o.u;:.-;'1: OF GARFIELD COU!\JTt' lAG File GLEN~~-~~Je ·~;'PRi NG?_;, ?OLORADO I ;::,,,rtiik~d 1,._;Ei1{::1 fu!I, true i:i.nd 'corrc~ct copy oftho ! l)i'!gir;n/'~-i·· my~~~~<-.:~· 1jq3 I ... x ~..... ' Cieri•{ :~_ur.,u .. 6c0-::::S:!&<.~:...~-.. --------· O(?p~~·~y ~ ...... ,,,,_ ..... .t,,.,J--·--···-......... -.. ... -·-· ........ _,. BY THE COURT ~~ No. HI DH SIAQF No. E93RAVL.693 f,"'.''C0 CJ~r·o~·"'il'J·~ Pl t:L\0;:: f•,qj; ~IQ• -2-._,r:._11n:...:: .11~,1 ...... -;-:.:·-),.111,"'~ .. l ·n1r1r"dn I '"fl''"'nvir,?:. : i"n'-"'J,..,r!•;·t1or1 iv.•. (.t '··' :..-rC c.lll ... \-'i .•• J: :.L!l . ._!1 li• ri~ . 420.i E. ,'.irk<~::s~:s .~vamm, Boom 291 ij'»•:i'•F"i' (',·Jll")'(ld'·,· P(J~)')') ~ ,,,,7\.JrJ \..) I. ~ .,_, ·-"-"- f,THi,N'IlLiN: liif:i!:t of 1NJV ;~;mil')n Oscar a~d Wilma Cerise 800~0887 f'~Gr642 EXHIBIT A LEGAL DESCRIPTION PROJECT NO. CX(FC) ~4-0082-26 PARCEL NOS. 114, 114A FEBRUARY 13, 1992 :,u? A tract or parcel of land No. 114 of the Department of Transportation, State of Colorado, Project No. CX(FC) 24-0082-26 containing 5.300 acres, more or less, in Lot 8, Section 31, Township 7 South, Range 87 We~t of the Sixth Principal Meridian, in Garfield County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point from which the witness corner to the section corner common to Sections 29, 30, 31 and 32, T. 7 S., R. 87 W., 6th P. M., a black basalt rock 16" by 12" by 8" appropriately marked, bears N. 32° 36' 50" E. a distance of 1,240.57 feet; 1. Thence N. 78° 56' 10" W. a distance of 278.25 feet, to the westerly boundary line of that parcel recorded in Book 669 and Page 874 of the Garfield County records; 2. Thence S. 00° 16' 00'' E., along the said westerly line, a distance of 145.56 feet, to the northerly right of way line of S. H. No. 82 (April, 1991); 3. Thence S. 78° 52' 30" E., along the said right of way line, a distance of 562.72 feet, to a Colorado Department of Highways right of way monument; 4. Thence S. 78 ° 54' 10" E., continuing alo.ng the said right of way line, a distance of 1,045.93 feet,· to the section line common to said Sections 31 and 32; 5. Thence N. 00° 53' 40" E., along the said section line, a distance of 146.19 feet; 6. Thence N. 78° 56' 10" W. a distance of 1,333.19 feet, more or less, to the point of beginning. The above described parcel contains 5.300 acres, more or less. Basis of Bearings: S. 89° 03' 40" E. along the line from the witness corner to the 1/4 corner conunon to Sections 30 and 31, T. 7 S., R. 87 W., 6th P. M., a 1963 Garfield County Surveyor 3" brass cap, to the witness corner to the section corner common to Sections 29, 30, 31 and 32, T. 7 S., R. 87 W., 6th P. M. a black basalt rock 16" bv 12" . ~ ' .. • "i1 [)r/\'"•i·,.-... , rr-r.t ·-' C't: t l ' -•• ,.., -by 8" appropriately marked. r,r .1::.~ :iCL.·1..1.-d)i;,,_:; n .. i.-J\0!..'. 1v'1AiL JU: t'r.1~ ..... (1.-. f" .... n··.-" ..,_,.., ' t. ·1·-• • ~ .. ·. ':i..J: tt .. ~:...t t/:.;t .. au!; i:.;fi 1• o:· ii Zifl~D1Jr!:.1l!Dll 1!2r1-; F i~'.ri,·:j((~::h~ .~'.'',':lt}I in r.;1 r)!~.•·n r.;t'i·j ., •4 -• • <.. •I_, I;.,• ,JI .,,.J; ! I, ',I~ t ~ ~ .. ~) i"!rv.1•0• (\··i ·";.L.l"· 1.~t•·YY' '"·-· .. 11.·l, IJ).Uld v \)\),:..~.L AHEN fiON: Rl.Qht of Way Sixtion .. ·.) EXHIBIT A LEGAL DESCRIPTION PROJECT NO. CX(FC) 24-0082-26 PARCEL NOS. 114, 114A FEBRUARY 13, 1992 PAGE TWO Bno~0887 Pt Cf 643" ::v0 A tract or parcel of land No. 114-A of the Department of Transportation, State of Colorado, Project No. CX(FC) 24-0082-26 containing 2.523 acres, more or less, in Lot 5, Section 32, Township 7 South, Range 87 West of the Sixth Principal Meridian, in Garfield County, Colorado,. said tract or parcel being more particularly described as follows: Beginning at a point from which the witness corner to the section corner common to Sections 29, 30, 31 and 32, T. 7 s., R. 87 w., 6th P. M., a black basalt rock 16" by 12" by 8" appropriately marked, bears N. 28° 14' 00" w. a distance of 1,491.01 feet; 1. Thence N. 78° 56' 10" W. a distance of 66.81 feet, to the section line common to said Sections 31 and 32; 2. Thence s. 00° 53' 40" W., along the said section line, a distance of 146.19 feet, to the northerly right of way line of s. H. No. 82 (April, 1991); 3. Thence s. 78° 54' 10" E., along the said right of way line, a distance of 763.07 feet to the westerly boundary line of that parcel recorded in Book 514 and Page 817 of the Garfield County records; 4. Thence N. 00° 32' 00" E., along the said westerly line, a distance of 146.80 feet; S. Thence N. 78° 56' 10" W. a distance of 695.24, feet more or less, ~o the point of beginning. The above described parcel contains 2.523 acres, more or less. Basis of Bearings: S. 89° 03' 40" E. along the line from the witness corner to the 1/4 corner common to Sections 30 and 31, T. 7 S., R. 87 W., 6th P. M., a 1963 Garfield County Surveyor 3" brass cap, to the witness corner to the section corner conunon to Sections 29, 30, 31 and 32, T. 7 S. R. 87 W., 6th P. M., a black basalt rock 16" by 12" by 8" appropriately marked. AFTEH HECOF!L\f'.IG PLEASE !v1/;!L TO: ~ .. ~ l . . ~ r·· p' r-l ':""! 1 ~ + .. r ..... 'r , -i· r ti " t;0n)f8fl0 uvpa1 ti ,;Gilt u: I for!S1 JGf ,:l 01; 42']1 E. hrh.1nsas M,~i/tr8, F:oorn 291 Dc1:ver., Co~cradu S022<: A!TtNTlON; flight Pl \Nay SecU04S ) soo¥.0887 Pecr64.4 I;, ! .\) I EXHIBIT B ACCESS DESCRIPTION PROJECT NO. CX(FC) 24-0082-26 PARCEL NOS. 114 & 114-A FEBRUARY 13, 1992 EACH AND EVERY RIGHT OR RIGHTS OF ACCESS to and from any part of the right of way of the Colorado State Highway No. 82, a freeway established according to the laws of the State of Colorado, and from and to any part of the property in Lot 8, Section 31, Township 7 South, Range 87 West of the Sixth Principal Meridian, in Garfield County, Colorado, abutting upon said Highway, along or across the access line or lines described as follows: CX(FC) 24-0082-26 114 NORTHERLY PROJ. NO. (Parcel No. ) (Location of Line) v Beginning at a point from which the witness corner to the section corner common to Sections 29, 30, 31 and 32, T. 7 S., R. 87 W., 6th P. M., a black basalt rock 16" by 12" by 8" appropriately marked, bears N. 43° 31' 30" E. a distance of 1,367·.49 feet; 1. Thence S. 78° 56' 10" E. a distance of 1,611.44 feet. Basis of Bearings: S. 89° 03' 40" E. along the line from the witness corner to the 1/4 corner common to Sections 30 and 31, T. 7 s., R. 87 W., 6th P. M., a 1963 Garfield County Surveyor 3" brass cap, to the witness corner to the section corner common to Sections 29, 30, 31 and 32, T. 7 S., R. 87 W., 6th·P. M., a black basalt rock 16" by 12" by 8" appropriately marked. NO POINTS OF ACCESS :·. j~~ .• :··_1:: :· :_;: ~.~<~.: :·'. ~~-: >~ :~: :-.. : .. ;~. \ :)~ ~\:~i\i! .. TC:: l···I. ··-. ~-~;;··· f°:·:r1·~r{·.1·'·::it tr{ Y~::r-;.7,-11"·-;·~:irJ''' '-·~···" .. ;,1 uc 1 .u.~11J·_ .... v: !l~~i1 .. ·;-,._1i,.Jt." :! 1Qti t. ;~i~·;r.'.iU:I::> A1E:11U8, Hoorn .'~~)1 On 111i:;r r:olor201{1 ;·(:":,i;~j \Jt .. 1,...; - , t, \ u .. ,,.. __ ... f.TffNT!f.1N: flinht Gf vv~w Sectioii. " EXHIBIT B ACCESS DESCRIPTION PROJECT NO. ~X(FC) 24-0082-26 PARCEL NOS. 114 & 114-A FEBRUARY 13, 1992 PAGE TWO OF TWO 800¥.0887 PtGr 645 EACH A.ND EVERY RIGHT OR RIGHTS OF ACCESS to and from any part of the right of way of the Colorado State Highway No. 82, a freeway established according to the laws of the State of Colorado, and from and to any part of the property in Lot 5, Section 32, Township 7 South, Range 87 West of the Sixth Principal Meridian, in Garfield County, Colorado, abutting upon ~aid Highway, along or across the access line or lines described as follows: CX(FC) 24-0082-26 114-A NORTHERLY PROJ. NO. (Parcel No.) (Location of Line) Beginning at a point on the section line common to Sections 31 and 32, T. 7 s., R. 87 W., 6th P. M. from which the witness corner to the section corner common to Sections 29, 30, 31 and 32, T. 7 s., R. 87 W., 6th P. M., a·black basalt rock 16" by 12" by 8" appropriately marked, bears N. 26° 11' 20" W. a distance of 1,449.62 feet; 1. Thence S. 78° 56' 10" E. a qistance of 754.81 feet. Basis of Bearings: S. 89° 03' 40" E. along the line from the witness corner to the 1/4 corner common to Sections 30 and 31, T. 7 S., R. 87 w., 6th P. M., 1963 Garfield County Surveyor 3" brass cap, to the witness corner to the section corner common to Sections 29, 30, 31 and 32, T. 7 S., R. 87 W., 6th P. M., a black basalt rock 16" by 12" by 8" appropriately marked. NO POINTS OF ACCESS ,r~--~,~ pj::f'··H,r"\t'•I"• ~,, t"'p.-,.~ .'. , • ., Tf1 .~11 < t:K n ... vU!)i/:J»i.:l ;-~J:r\0-L": t\ilAiL i u: C:~·;·orndo D::ipartr:wnt ot TransportaUon .420·1 I:. ArkansJ.s Avenue, Hewn 291 i;..,"1•-.~ i'-1'or'"r;t} o•·ri:J"'j ~.JC.ii ~'Ld 1 vlrl 1ll ... I i.):-L.J;.. _1,-r·-":::\i"fJD.\J· n; ,:,, .-/ l!,f ... c:A~':,-,-i 1~J li,,.J~, ,.,• .. !,. !i1[11t~ \11 ~HJ.;/ v-.,v~liolf. _., Recorded a.t.Q,L~.6. .. ___ o 'ciock~-··-~---· M •• .J,!\-N---a...l .. J@74: ____ . · Reception No.-2Gi6::1i~ Ella sleiiheris, Recorder ~u\j~454 PAGE 4b7 :. . . ., .. HOLY ;CROSS ELECTRIC ASSOCIATION, INC. ' RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, That the Undersigned, OSCAR and.WILMA CERISE for a· good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant un·to HOLY CROSS ELECTRIC ASSOCIAT~ON, INC., a cooperative corporation, whose post office address is Glenwood Springs, Colorado, and to its successors and assigns, the right to enter upon lands of the undersigned, situate in the County of Garffald , State of Colorado, described as follows: A tract of land situated in Section 31, Township 7 South, Range 87 West of the 6th P. M. as more fully described in Book 282 at.Page.447 and Book 208 at Page 584 in the Garfield County Courthouse, Glenwood Springs, Colorado, · and to construct, reconstruct, enlarge, operate, maintain and ~emove an electric transmission or distribution line or system, within the above mentioned lands, upon a line described as follows: A twenty foot wide strip of land, the centerline for which begins at· an existing HCEA power pole; thence, S 08° W magnetic a distance of. · 410 feet, more or less to proposed pole #1. Right is also granted to place anchors with guys outside said easement. And, in addition, the undersigned hereby grant to said Association, and to its successors and.assigns, the right to clear all trees and brush, by machine work. or otherwise, within a twenty foot strip, being ten feet on either side of said line as hereinabove described, and the further right to cut trees, even though outside of said twenty foot strip, which are tall enough to strike the wires in falling. The undersigned agree that all poles, wire and other facilities installed by said Cooperative on th~ above descri.bed lands, shall remain the property of the Cooperative and shall be removable at the opt~on of the Cooperative. The undersigned covenant that they are the owners of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character except those held by the following·: IN WITNESS WHE,REOF, the undersigned \}&.re set their hands 8·.fz,_ and seal s this -=--- day of f1!2.J . , 19_1,_.3 ___ _ ,;.--/ _(:,6~:Yrj.<).0~:.; ·C:::c. :,...., 0 (SEAL) ....... ~~c,~l ·11 ,;:"'<:.-C "~· ~'" ... n"o1: '1 /? /'l + J~c_, c·;::; ~...R.. (SEAL) ~~r.,.--.... ··~·· .. ., ;t,s-;r"A·n:o~ ~~~ ) _ • '~l.IT~'-r-~ .. -.=,.t"""-----::; (fl: ..0 ._ • .,; ,:t = , ) SS. :;_ .. (lour~U-ti." Of'~ LhJr.?£1'-""<-"' ) -: ..... '...\ .U !-.::V--;::"--~ ·;. ...... :~'· .. _ · ..... : .. ~ $' ·;rhe·.:t,0.i;-eg(\i'.Ui;~.instrument ·,,;) ~ .. s ~~.J:::t,·; was acknowledged bef~e me this Bk day of • 19 73 , by M"c![.g C!.&d:./ss---r t.Jn .. 1-M-Cc.72;·5c: My commisi;i<on expires Jli;J ").o 7..3 WITNESS my l~nd and official seal. ~,~f~4~ Not a rv Pub l le . -; : I . • ·l. ,, ' "'C, '··· ~; \ t!• .J:.~ '.Jb~~.~9;.,~···:.-~Y.1~~t·:-~~~d:!.:~~.J.l.!ll. l1i i I Filed for ~ecord Oct. 19, 1961 at 2:25 P.M. i'leccpti?..i:i //215432 Chas s. Keegan, .Recorder ,' . \ RIGHT OF HAY AND EASEMENT ,. \ Osca·r r.Prir;.:.. anrJ ltli lrria Cerise his_1.1i..fP.. Book 337 Page 229 ~~~~~~~~~~~~~~~~~ , Grantor(s), of Carbpbdale. Colorado , , does; hereby convey and warrant to ROCKt MOUNTAIN NATURAL GAS COMPANY, INC., Denver, Colo- rado, Grantee, its successors and aspigns, for the sum of Ten and more ------.,..--...,-.--_,..,DOLLARS ($ 10 .OD ) and other good and valuable consid- erations, receipt of which is hereby acknowledged, a right of way and easement fifty (50) feet in width, to lay, maintain, operate, repair, alter, inspect, protect, re- move and replace pipelines, valves, valve boxes, and other gas distribution and related facilities over, through, under and across the following described land and premises situated in the County of Garfield , State of Colorado towit: Two. 7 South, Rge. 87 West 6th P.M. Sec 31: Lots 8, 9, 10 Sec 32: Lots 5, 13 The center line of said right of way and easement shall extend through and across the above described land and premises as shown on a plat or map of said line to be record- ed in the office of the county Clerk and Recorder. TO HAVE AND TO HOLD the same unto the said Rocky Mountain Natural Gas Company, Inc. its successors and assigns, so long as such facilities or any of them above re- ferred to are owned, operated or maintained, with the right of ingress and egress to and from said right of way to maintain, operate, repair, alter, inspect, protect, re- move, and replace the same. The Grantor(s) shall have the use of premises except for any use which conflicts with the purposes for which this right of way and easement is granted. The Grantee hereby agrees to pay for damages to crops or fences resulting from the laying, erecting, maintaining, operating, .or removing of said pipe lines and re- lated facilities; said damages, if not mutually agreed upon shall be ascertained by three disintereste~ persons, one thereof to be appointed by the Grantor(s), one by the Grantee, and the third by the two so appointed and the written award of any two such persons shall be final and conclusive. The Grantor(s) shall not build or construct nor permit to be built or constructed any building or other improvement over or across said right of way. This easement and right of way shall be a covenant running with the land and shall be binding upon and inure to the benefit of the heirs, successors and assigns of the Granter and the suc- cessors and assigns of the Grantee. The terms and provisions herein contained constitute the entire agreement between the parties and shall supersede all previous conununications, representations, or agreements, whether verbal or written, between the parties hereto with respect to the subject matter hereof. WITNESS the hand of said Grantor(s) this ~ day of .C\ugust ,1961 , '/:: . ..-(~.··' ~-, :". <-l \ .. (. ;' '' •\ . '-· -· • I } ' \ . osl-ar cerise < l · ··"--~' c:( {' t:. i .. ( ... > !._ .. Wilma Cerise State of Colorado ) ) ss. County of GARFIELD ) .. :<:~lig··:fJr~g,oing instrument was ~:· .. ·~· ......... ., .( .,.··:-. ,.: ··':~11.ma Ce-r.;i!se-1 his wife acknowledged before me by Oscar Cerise and this 25tih day of August , 19 61. I I; \\ OT/J.f~ )» • •• I \:. i'7 Commissio~ f:*-pires JulV 12, 1964 ·.f::'pc•'e,,;, '>\:·;:··!:··:;,.::>(('. f · ... 1·, ~--(? --, ... ~ •.••• 1_,_ Notary Public .,l 1·: .. _, .. ....-(ii .... -· 1&ff!U,a ~z ~~ef2&= J F~led ~or ~ecord July 12 1960 at 3:15 P.M. Boo~ 32S Page 22%' Reception fr210201 Chas S. Keega~ Recorder i~~•sAsD•uePm•rCo.l>1c. I Forrn L. R 88-·12 Ka.n., Okla. & Colo. OIL AND GAS LE.AS~ ~~@g .. ,, ... ,.... •. ," •. , .... rrIIIS AC:IU·~E~'ll·~N'f, Entered into thl:; lhc_. ---_2nd d•y or ' , 1'~ bctweon _ _Q_~QE-Cerise and Hilma Cerise, his wife; Pos:i c Cerise and Ollie Cerise, his wife ··-····-·-··-Cru:hanclale,_Colo:i:ado ----------·-·-------·------------------1\crelnnttcr cnlh:d lessor, n.nd Frn1tcis~..!:!.-Clu:.is.tensen>:-G.l.gnwo.Q_cUp_rings ,_Colorado herclnnrtcr called lessee, ctoc 3 witness: 1. Th:tt 1t:~:.r1r, for :.nd ll\ c~n:ildcr<ttlon or lhc :.um or_.::·--=-=T~t:1-..5!."99-1!10.X...e-- - - - - - - - -olinrs (S 10.00-- -), in hand pald, nnd of the c:ot·ennnt:: nnd ai:;:rer.mcnts !lcrchta!ler cont.alncd to be rier!ormcd by the lessee, hn:; this dny grnntcd and lensed and hereby grants, lcn.ses und ti·t:> unto lht: le:.i;eu !or the purpo~e 6f mining and operntJni: for nnd prodtte.lng otI nnd i;n:t, ca.sln~hcnd go.s :ind c:i.slnghcnd i::n:sollnc, I:i.ylnc pipe llnc:i, bulldi111: t:ml;s, Morln1: oll, btzlldlng powers, :it.:ttlous, tclcplumc line:> and other structure:; thereon t.o produce, sa\•c, tukc en.re or u.nd mnnufacturc nll ot such llUb::>tnncl':, :md !or hour.Ing nnd boarding crnployccs, t.he !oltowln& descrUred tract or lnnd ln._ ___ ,,G,.,aur_if_iwe;;.l.1..du... ___ ~------ coun<Y.-... -... C.Ql.or.aiio <o·wU: _________ '--------------------- Twp. 7 S'outh, Rge .. 87 Wi;st, __ 6t[J _P.H • .. l'.~C:.:...1..1:..:__Lots,,£.,_Jl_, and that part of Lot 10 North of Roaring Fork River Sec. 32: Part of Lots 5, 13 described in Book 257 at Page llO, Garfield ------··--·-·---ounty-Recordl-.:------·------------------- In scctlo:1_···-··-~'-~----· ·rownr.hlJ>---):C::lC-__ , Rnn1:~ XX , nnd eontn.tnlng 143. 04 ncrc:r more or tcss Is p;Od~!~;i. lt•n:.c shult remain 111 !orcc !or ti. term 01rz;~fH {Sys nnd :'IS loni; lhcre:.i!lcr as oil, gas, c:i.slughend gns, co.singbcad gn.sollne 0 / nny or the~ 3. 1:l!c le:rnre :ih:tlJ dl.'lJ\·c: to the crcdlt or _the lessor. ns roynlty, !rec o! co:;t, fn the pipe Une t.o \l.'hlch lessee mny connect Its: wells t.hc: e: un.l • ith part of .t.l oil produced nnd :;n.vcfl from the lensed premises, or u.t. t.he lcs:.cc's opt.ion, may fJay t.o tho lessor tor such onc-clshth royalty t.hc m~rk inc 1clgl!or oll o! like 1:rudc 1md f~rnt•lt.y prcvnlllng on t.hc dny such oil ls run Into t.he pJpc JJnc, or Jnto stornce tnnks. c pr ce: 4. Tlic lesser :;Judl J>ll.l' lct1.'ior. ns roynlty, one-cli:htb or the J>rocccds Crom t.hc snlc o! the. gn.s ns such for en" from 'i\"Clls ~·here n.s Onl · I f d nd where uot sold shall 1u1y Pl!t.y 1sso.001 Dollnr:; per nnnum ns royn,lty from each such well :md whlic' such rOynlr.y 1~ so p.'.1.Jd such wellcsho.U 6e hci~ur .bn :i. ft~'h~~et;:~tl~~cl~r~::~ll~~;,t~i;~~i~il~1 l~~::~~e~~d :t~j~o l~:;~col~f ~!~ckl~~s~~ist0cl\!~1;lv~ot~~~c~f6~3 °~·1~~ntl~~ ~:clfl t1n! u~~s or~;1dng~~ct~cb~c~tPf~~llseei;~orr~~ :~r:c:1 .. knd:~ns1~~ pense:. rhe·IC5i:lct~ .'thnU.1my Lo lc:.:1or for i::ns prochu:ed from any oll well nnd used by the lessee !or' the manufact.ure o! gnsollne or n.ny other produ~t 11o..s oy-f'~~·:st~li~ei.J;~:~~}. of the m:1rket. \':1h1e o! such i;tLS tLt. the mouth or the wen. 1! :mid sns is sold by the lcs:;ec, then ns royal~y one-eighth or the prOcecdi of . · S. 1! 011cro..tlons !or Lh·. drllllni;: o! n well for oll or gn.s nre not commenced on snld lnnd on or before one year from t.hls date th!:; Jcn:;c shall termtnn.te .ns to both p1trtle~•. unk:i:; lhc lessee shnll, on or before one ycn.r Irom thJ.s dntc, Pttl'' or lender to the Jc.ssor or !or the lessor's e;edit in the . F' . 1 °' •l.rSt Natl.O.n<! Bnnk nt----...Glenwood Springs, Colorado or its :succell:;or:s, wblch bnnk nud its .:iUccessors nrc Ute les.'ior's o.ccnt. toind shall continue ns the depository o! any nnd all sums po.ynblc under t.hls lcnse, re· gardless of chnngc:; nr' ownership in snld hmd or in Lhe oil nntl. gn.:i, or In the rental$ to accrue thercuhder, the sum 0 r Ope Hnndred Forty- .'.Ih_:i;:g_!!_q..llil_Q/;J 1 00--------------------"T)o!l.rs ($] 43 Q4---) Which shall oportitc us rentnl.1m<i co\·cr t.hc prh·llci:c of de!crrln~ t.hc commencement of driltlng opernt.lons for n. period of one year. In like manner :ind upon like pnymcnts or tcndc_rs, the eommcnccmenr. or drlllln~ operntlons m11r be .turther dcCcrrcd for like periods successively. All ptL\'mcnts or tenders m11y be made by check or draft ·or Ic,;s1:e or nn:.· u!l:lli;nec thereof, mnUcd or dcllvcrcd on or bc!orc the rcntn.l pn.ylni; date. Not.\\•lthstn.ndinc the di:!nth of the lessor. or hls :iucccs:sor 1n interest. the pnymcnt or lender oC renlnls In t.he mnnncr provided nbot•e shnll be blndlng on the heirs, devlsccs. executors, tllld ndmlntstra.tors of such person. 6. If nt nny Lime urlor to the di:covcry or olt or gns on this lnnd nnd during the term o! this lea:;i: the lessee shn.U drtll n. dry hole or holes on t.hls fand th~ lcn:.c .sJulll noL tcrm(nn.tc, provided 01>ernt.1ons ror t.hc drllllnlt o! n wcU shnl1 be commenced. within t,\,,·el\•e months !rorn the expiration' of the In.St rent.al period !or whlch rcutnl htlS li1:cn pn!d, or provltlcd t.hnt. within snld period the lessee begins or resumes tbc pn.yrncnt o! rentals In the mnnncr nnd a.mount here1n above provldecl; :md In this· c\'cnt. the prcccdini; pnrngrnphs hercor covcrnini: the p~ymcnt or rentnls nnd the manner nnd effect thereof shnlt contlnuc 1n rorcc. 1 . .tn ca:.c s1dd lC};.'IOr owns n less interest. Ln lhc nbove described lnnd thnn the entire nnd undivided tee simple cstntc therein, then the royo.lt.les' 11nd rcnt.nls herein 1iro\•lde1l for slmll be pnld the snld lessor only In t.he p report.ton which his Int.crest. benrs to the whole and undivided !cc. ti. 'l'hc le:i:;ec r.hnll lmve the rli;ht lo use tree of cost, gns. oll nnd wn.tcr round on snld lnnd !or lt..s operntlons thereon, except. wo.ter from t.he wells or the lessor. Wh<'n required b>' Jcssor, the lessee shnll bury pipe lines below plow depth o.nd shnll pa.y ror dnmngc en.used by 1ts opernt1ons to growing crops on snld lu11d. No well ::hnll be dr11Jcd nenrer tllo.n 200 !cet to the house or bnrn now on snid premises without. written consent o! the lessor. Lessee shn.11 hnve t.hc rlght nt nny Umc t1urt11g or o.!Ler the cxpl.i:nt1on ot tbls leuse to rcmovo o.11 m11chinory, !lxturcs, houses, buUdlni::s nnd ot.hcr structures plnced on sl\ld premises, includlnLt the rlt:ht to drii.w nnd remot;c nil ctising. n. U the c:antc cir cit.her pnrty hereto Is nsslgned (n.nd the pr'ivllege or nsstgnlng Jn whole or In pa.rt ls expressly nllowcd), the eovcnnnt..s hereof shn.11 extend to the heirs, executors, nclinln{st.rntors, :mccessors nnd nsslgns, but no c.bnni::c or ownership In the l!lnd or in the renlnls or roynltles sbnll be blndlng on the Jcsi;ec Unt.fl n!tcr not.ice to tho lessee nnd it. h:i.s been furnished with the written trnn.s!er or assignment or n ccrt.1flcd copy thereof. In the event this lea.so !lhnll be n.sslgncd ns t.o n pnrt or ns t.o pnrts or the nbove described Jnnds, nnd the holder or owner or nny such pn.rt or po.rts shn.11 !n.11 or ma.kc. default. tn the pnyment o( the pro])Ort.lonate pnrt of the rent. due from him or them, :such default. shnll nnt opera.Le to dc!en.t or a!fcct this lcn.sc ln so far as lt covers n. pnrt. or pnrts o! snld lnnd upon l\'hlch the so.Id lessee or nny nsslgnec hereof ·:shnll mnkc due pa)'mcnt o! said rcntnls. If o.t nny tJme there be n.s mnny ns !our pnrtlcs entitled to rcnt.als or roynltlcs, lessee mn.y wlt.hhold pa.ymcnts thcrco! unless nnd until n.11 p:i.rt.ies desli;nnte, in writing; ln n recordable 1n:st.ru- mcnt to bc med wlt.h the lessee. n common ngcnt t.o receive nll pn.yments due hereunder, nnd to e:<ceutc dlvlslon a.nd tro.nsrer orders on behnU ot sn.id pn.rtlcs, o.nd thetr respecth'c successors in Uttc, , 10. Lessor herctw wnnnnts nnd ni;rccs to defend the lit.Jc t.o the ln.nd herein dcscrJbcd :ind o.grees tho.l tho lessee, o.t lt:i opt.ion. mn.y pny nnd dlschnritc nny t.nxes. morti;ni:es, or other liens exist.Ing, levied. or nssesscd on or ngn.inst. t.hc above described lnnds nnd, in event it exercises such option, it. sh:lll be :rubro1tntctl to the rlthttt ot n.ny holder or holders thereof nnd mn.y rcltnbursc itself by npplying to the dlschurs:e or nny such mortcnge, t.nx or ct.her lien, n.ny roynlll-' or rcnt.nls nccrulng hereunder. u. Notwlt.hstnndlng nnl'thlng in this lcnse: c·ontnined to tbc contrn.ry, lt. Is cxprcss}l• ngrccd thnt tr lessee shall commence drilltnc operntlons nt. tlllY Umc '\\'hlle th ts lcuse ls In. force, this Ieusc shnll rcmnln ln 1'orcc nnd its term sh11ll contlnuc so long ns such opernttons nre prosecuted and, i1' production results tbcre!rom. thci1 ns long as production continues. 12. IC wilhln the prlmnry t.crm a! this lensc production on the lensed premises shnll ccnsc rrom nny en.use, this len.sc shnll not termlnnte provided opcrn• tlorm !or the drllllnr. o! n well shnll be commt'nccd before or on ~he next ensuing rcntnl paying dntc: or. provided lessee bcglni; or resumes the pnymcnt o! rcnt11ls ln the mn1mcr nnd ninount. herctnbc!orc pro,•ldcd. Ir, nfter t.hc cxplrnt.ton or the prlmnry term o( this lco.se, prod11ct1on on the len.sed premises shn.11 cease from nny cnn:;e, I.his tense 'bnll not tcnnlno.te provldcd lessee rc!umes opcrntlons !or drllling n well wlt.hln sixty (601 dn.ys Crom such cc:ss:i.t.lon, :ind this tense shnll renmln In force during the prosecution o! such ouerntlons and, 1C product.ton results thcrc!rom, then ns long as production continues. IJ. Lessee 11u1}• nt. nny tln1c nnd from time to t.lmc surrender thls lcnse ns to nny pnrt or po.rts of the lc11.scd premises by dcllverlni; or mn.lUni; n. relen.sc t.hcr1:of to tbe lessor. or b,l• placlnc n rclcnse thereof o! record ln the proper county. H. Tbls knsc nnd nil its terms, condlt.lons, nnd st.lpldo.Llons shnll c:ttcnd. to nnd be blndlni; on nll successors or s:dd lessor or lessee. 15. This tcnsl.' t.h1~11 not. be tcrmlnn.t.ed, In whole or In pnrt, nor sho.11 le!lsce be held 1Jnhlc In dnmnges, for !nllurc to comply wltb the express ·or im .. pl1ec1 covennnt.s ht!rcor I! compllnncc thC'rcv:lth Js pret·ented by, or l! such to.Uure is the result o!, tinY Federal or Sto.te lnws, executive orders. rules, or regulntlons. I!. nt the' end o! t.be prlmnry term hereof, such term hns not. been extended by production or dr1lllng ns In this lease pro\flded, r~nd lessee, ~~r~~~~:;~l~nl~r b~n~~t~~J~% ~~~;:tn'r.~~~11~ ~~~~~5Yc~r ~~n%~rt0u::/iu the wr~~~t 0~n~1i;c~;;:;d h~;e°:r 1~~~u~~fn~1~1~~t;~~o1t~~ ~r~~a~~l.!cf~to~~~c tlbc ~~:~~nf~!v;~~~ dclllylng cnu:;c. During n11y period tbnt. lc;i;.see Js unnblc to produce nnd/or mnrkct o.ny products !r~m the lensed premises b;,.• ren.son or n.ny o! the nboVc recited cnuse:s, I.his tense shnll remntn In !uJl .torcc nnd crrect. · :scrl~~·I ~i~~c~ ... 1t~1 ~~~~~YlngZcica~~~ :~;~~ts:; l~r. u~:\~1~c31~t~n~1c[~~~ ~~!cr~~m:>ut~~~;~u~~~O 1°c ~~~~ ~~l~~~~~c e~~c:J1nngnih~a~ln~~~~t;iz~t t.~~~t ~~~~ht;;; :u~~l~1~i11~u1: ~~.U!~! '::i~r(!: ;~:;· t~rile:cr~~ ftc~~~~l~~~e~ f~r~~c:!s!~ l~m6rd0c~ ;~cl~o~~~~;~s t~r Q1!,~~~~~v~niu~af:1~~~~'s ~~wr~;;~ w:::s.sues~c~lt.;h~~l c::;~c1~~. :mid 011t.lon, 11s to en.ch desired unit, by e:cccuttni; nnd recordlni; nn instrument ldcntitylng: the unitized arcn. Anl' we!I drilled or opcrn.t.tons conduct.ed on nns pnrt. or e:teh such unit shnll be considered n well drlllcd or operat.lons conduct.cd u:i.dcr this tease, nnd there sho.11 be alloc~tcd Lo the portion o! th~ nbo\·e described lnnd Lncludcd in nny such unit such proport.ion or the o.ctual production !ram aU wells on such unlt. ns lessor .s int.crest, H nny, In suc11 rer~~::_;tdc:;~:u:~~ ~H ~~r~~;~;~tn~f~~~ln:e~~~ ~0.nl;~~n~n~~e d~~~~~~c o~1 r~~~rty~~~· bcA~g~ 1~ni~r~~~~r:~~~~nn~~o:~~~d P~~~t~~hgr ~h0cd~~t~~~ J~sc~~~o:dti~nJhi~- ctudc.d Jn s~ch unit ln t.hc snm~ mnnncr ns though produced from the nbovc described land. under the terms o! this lcn:sc. IN WITNESS WHEREOF, we sign the dny nnd yenr rtrst nbove wrJttcn. dO("'tf y& Book 328 Page 226 ~.~ ....... --.- 17. "Notwithstanding anything in this lease to the contrary this lease shall cease and terminate three years from its date unless there shall be commenced operatiO)lS for.the drilling of a well for oil and gas at a location within 4 miles from the corner common to Townships 7 and 8 South, Ranges· 87 and 88 West of the 6th P.M." 18. "If Lessee has encountered water in a well which it has determined to plug and abandon, Lessee shall notify Lessor at the address shown in this lease, who, within twenty-four (24) hours thereafter, shall notify Lessee whether be elects to take over said well. If he does so elect he shall pay Lessee the reasonable.salvage value of the casing in the well and execute proper instruments indemnifying Lessee against all liabilities which may there- after arise relative to said well including the plugging and abandonment thereof. If he does not so elect or fails to timely make any election this.section shall terminate and be of no further force or effect." ~D\ lo~!.,. STATE OF Colorado } COUNTY OF ._; Garfield ss .. ~CKNOWLEDGMENT FOR INDIVIDUtJ.:._<,~an~;;. O\d~., and Colo.)_ Before me, the undersig~~d, a Notary Public, withl~ and for said county and state, on this · 1 • • · 2-nd : ·· of·":-:;> . .,..,, :--' · Ma» 19..6..Q._ personally appeared· Osca1:.rCerise· and· Wj 1 ma Geri se his _,..,, .. ~:.·.:: ·: ..... ,~_ .· . .._.. .. ' , . . ·.: ' .. : J : r • .. r. ; :· . ...... ~ .. ·., .. · .. or;~-'.''··:·· , l<'~'-.:hi:(·,C:~::t:"''.',t~-t~ be the identical person_S_who executed the within and foregoing instrument and acknowledged to me l~~ted the same as their free and voluntary act and deed for the uses and purposes therein set forth. ,,JHEREOF, I have hereunto set my· hand and. official seal ~)I day and year last aliove written. ~> · July 12, 1960 _ _.,.q~'--~-"'f?'...__...s:::::~~~===:i~.,......-- . ·. · · Notary Public. ss. ACKNOWLEDGMENT FOR INDIVIDUAL (Kans., OJda., and Colo.) COUNTY OF-.,.~--:-----~~---~ Before me, the undersigned, a Notary Public, within and for said county and state, on this------------- day o , 19 __ , personally appeare"------------------- an."--------------'------------------------------------. to me personally known to be the identical person_who executed the within and foregoing instrument and acknowledged to me tha executed the same as ree and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written. My commission expires. ______________ _ Notary Public. STATE OP } COUNTY OF~-~-----'~--~ SS. ACKNOWLEDGMENT FOR CORPORATION On thi day o . , A. D., 19 __ , before me, the undersigned, a Notary Public .in and for the county and state aforesaid, personally appeared . ' to me personally known to be the identical person who signed the name of the make_r thereof to the within and foregoing instrument as its resident and acknowledged to me tha executed the same as ree and voluntary act and deed, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and seal the day and year last above written. My commission expires'--------------- Notary Public. Joint Notice of Privacy Policy of Westcor Land Title Insurance Company and The Title Company of the Rockies Westcor Land Title Insurance Company (“WLTIC”) and The Title Company of the Rockies value their customers and are committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and The Title Company of the Rockies take to safeguard that information. This notice is issued jointly as a means of paperwork reduction and is not intended to create a joint privacy policy. Each company’s privacy policy is separately instituted, executed, and maintained. Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agent, lenders, appraisers, surveyors and other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and administration and accounting. Information Sharing Generally, neither WLTIC nor The Title Company of the Rockies shares nonpublic personal information that it collects with anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC or The Title Company of the Rockies may share nonpublic personal information as permitted by law with entities with whom WLTIC or The Title Company of the Rockies has a joint marketing agreement. Entities with whom WLTIC or The Title Company of the Rockies have a joint marketing agreement have agreed to protect the privacy of our customer’s nonpublic personal information by utilizing similar precautions and security measures as WLTIC and The Title Company of the Rockies use to protect this information and to use the information for lawful purposes. WLTIC or The Title Company of the Rockies, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC and The Title Company of the Rockies, at all times, strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can be found on WLTIC’s website at www.wltic.com ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A , as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of Commitment shown in Schedule A. Issued By: WESTCOR TITLE INSURANCE COMPANY HOME OFFICE 201 N. New York Avenue, Suite 200 Winter Park, Florida 32789 Telephone: (407) 629-5842 CM-2 (ALTA Commitment for Title Insurance (6-17-06) (WLTIC Edition (9/26/07) Explanation of Acreage of Subject Parcel June 13, 1892 - 160± acres were conveyed to Thomas McClure by the U.S. government. In that deed, it reserved the right of owners of ore veins that penetrated or extended into the property to extract their ore. February 23, 1951 - Oscar and Wilma Cerise acquired fee simple interest in 129.38 ± acres of the 160 ± acres . Since 1951, said property has been owned and controlled by the same members of the Cerise family or their lineal descendants, individually or through various business entities including the current owner, Oscar Cerise and Wilma Cerise Main Ranch Company, LLLP (CMR). All of those entities are jointly referred to herein as the "Cerise Ranch". July 12, 1960 - Oscar and Wilma Cerise entered into an Oil and Gas Lease with Francis W Christensen which was recorded in the Public Records of Garfield County, CO in ORB 328 at page 225 with Reception #210201. No gas, oil or other minerals were ever recovered during the term of that lease and the lease expired by its express terms on July 12, 1963. June 13, 1994 - Oscar and Wilma Cerise conveyed the property described as 129.38 ± acres to Oscar Cerise and Wilma Cerise Main Ranch Company, LLLP (CMR) (*The current tax roles still show Oscar and Wilma as the owners and not Oscar Cerise and Wilma Cerise Main Ranch Company, LLLP, in error.) When CMR took title it acquired 129.38 ± acres, in T7S, R87W including: Sec 31, Part of Lot 1, Lots 8, 9 and part of 10 Sec 32, Lots 5 and 13 less the east 306.5' CMR had the property subdivided and took the 41.64 ± acres out of the original 129.38 ± acres. The portion of the original property that is under contract is: Sec 31, Part of Lot 1 and Lot 8 Sec 32 Lot 5 The tax records under Account Number R111311 for said property show in the Assessment History that the assessed acres total 28.860 acres. We believe who ever entered those numbers in the tax assessor's office meant to write "128.860 acres" because the legal summary in all of the tax records state the number of acres in each parcel which total was originally described and has always been described as 129.38 acres. Those parcels are: ●Lot 1 - .32 acres ●Lot 5 - 37.91 acres ●Lot 8 - 75.23 acres ●Lot 9 - 15.66 acres ●Lot 10 - 12.17 acres ●Lot 13 - 7.72 acres ●Less some property which we believe is 26.606 acres So the net property shown on the same tax records as 28.860 acres also shows an adjusted total of 122.404 acres. Since this is "more or less", it is very close to the original deed that stated 129.38 acres. The actual Property Tax Notice sent to Cerise for 2016 taxes due in 2017 only makes reference to the legal description and acres taxed for the 129 acres and makes no mention of the 28.860 acres shown on the assessor's records. Also, the Tax Account Summary we received and dated 08/16/17, only describes the parcels included and the acres for each parcel which total about 129 acres. It also makes no mention of the 28.860 acres. Aspen Polo Partners purchased about 91 acres from TCI Lane Ranch but it did not include our 41 acres. They filed the wrong Legal with the assignment. They are being contacted to correct that error. The remainder of the 129 acres was sold to Aspen Polo Partners. October 24 , 2017 Garfield County Community Development Department 108 81h St Suite 401 Glenwood Springs , CO 81601 gatorcap Re: Mineral Rights Owners re 16411 Hwy 82 To whom it may concern , I, as general partner of the Applicant , Gatorcap , reviewed every recorded public document I could find regarding the property which is the subject matter of this application. As part of that search I reviewed all recorded recorded documents since the original patent deed from the United States of America to Thomas McClure dated June 13 , 1892 to the current date. Every mention of a mineral right was researched until it was extinguished . In addition to the public records search , I also questioned people with personal knowledge of this land from 1951 to current date. The only parties with a mineral interest in the subject land are the current owners, Oscar Cerise and Wilma Cerise Main Ranch Company, LLLP. jJ~c_ClJ/ David Arnold Gatorcap LLC 611 S West End St Unit 9 Aspen, CO 81611 305-790-6327 Page 1 of 1