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HomeMy WebLinkAbout02.01 Title Commitment and Supporting DocumentsCommonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: June 30, 2017 File No. 1706113 Property Address. 28730 Highway 6 & 24, Silt River City Consultants 744 Horizon Court #110 GRAND JUNCTION, CO 81506 Attn: Tracy States Email: tstates@rccwest.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1706113 1. Effective Date: June 23, 2017 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: N/A 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: BJ Allied Newco, LLC, a Delaware limited liability company 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: A tract of land, contained in the SE1/4 of the NE1/4 of Section 11, Township 6 South, Range 93 West of the 6th P.M., more particularly described as follows: Beginning at the intersection of the northwesterly right-of-way line of State Highway 6 & 24 with the east line of said Section 11, whence the E1/4 Corner of said Section 11 bears South 00°16'58" East 510.75 feet thence, along said right-of-way line South 63°01'54" West 721.64 feet thence leaving said right-of-way line North 02°24'45" East 1134.73 feet to the northerly line of said SE1/4 of the NE1/4 thence, along said northerly line North 89°39'46" East 591.41 feet to the NE corner of said SE1/4 of the NE1/4 thence South, 00°16'58" East 809.96 feet to the POINT OF BEGINNING. TITLE CHARGES Informational Commitment $550.00 COUNTERSIGNED: Pa trick' P. 3 t wweui American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 1706113 SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. This commitment is for informational purposes only and no policy will be issued. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 DISCLOSURES Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph G. Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for the prospective insured owner may be available 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 by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through 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. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M. Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter which may, upon request, be provided to certain parties to the transaction. Pursuant to C.R.S. §10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent; C) The 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; and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due 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 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 of an inch. The clerk and recorder may refuse to record or file any document that does not conform. Pursuant to C.R.S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that 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. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), 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 withdrawal as a matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law" C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. File No. 1706113 SCHEDULE B - SECTION 2 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: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. 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, and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded July 14, 1939 in Book 73 at Page 207. 10. Terms and conditions of Garfield County Resolution No. 92-031 providing for a zone district amendment recorded April 14, 1992 in Book 828 at Page 496. 11. Reservation of all oil, gas and other mineral and mineral rights as reserved by George D. Green and Ardis A. Green and more particularly described in deed recorded December 6, 1993 in Book 884 at Page 893 and any and all interests therein or assignments thereof. 12. Reservation of any and all irrigation ditch easements in place and in use as described in deed recorded May 30, 1995 in Book 942 at Page 326 13. Apparent easement for irrigation lateral and overhead utility, buried phone lines, possessory rights outside of fencelines and fenceline encroachments as disclosed on ALTA / ACSM Survey by Survco, Inc. dated April 8, 2005 and as revised on June 10, 2005. 14. Easement granted to Public Service Company of Colorado in instrument recorded April 22, 2008 as Reception No. 747069 15. Terms of Garfield County Resolution No. 2010-34 recorded May 18, 2010 as Reception No. 786192. NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE N/A TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 COMMONWEALTH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • • • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. Information about your transactions with us, our affiliated companies, or others; and Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 111111 IIIA 111111 1111 1111 11111111111111 1111111111111 861130 03/27/2000 12:45P 01178 P453 M ALSDORF 1 of 2 R 10.00 D 42.40 GARFIELD COUNTY CO WARRANTY DEED GEORGE D. GREEN and ARDIS A. GREEN, 0603 County Road 221, Rifle, Colorado 81650 ("Grantors"), for Ten Dollars ($10) and other good and valuable consideration, in hand paid, do hereby sell and convey to PAUL B. LUGINBUHL and JIM E. LUGINBUHL, P.O. Box 950, Basalt, Colorado 81621, the following described property situate in the County of Garfield, State of Colorado, to wit: A tract of land situated in the North 1/2 of Section 11 and the SW %SE'/4 of Section 2, Township 6 South, Range 93 West of the Sixth Principal Meridian, more particularly described below as follows: Beginning at the North '44 corner of Section 11, marked with a 2 'h" aluminum cap, thence S 89°29'33" W 667.45 feet along the North line to the Northwest corner of the NE'/aNE'4NW'4 of said Section 11; thence S 00°11'16" E 287.89 feet along the West line of said NE'/4NE'4 NW'% to the North line of the Wimmer Parcel as described in Book 367, Page 458; thence N 89°31'32" E 279.44 feet along the North line to the Northeast corner of said Wimmer Parcel; thence S 00°22'28" E 1028.81 feet along the East line to the Southeast corner of said Wimmer Parcel, also being the South line of the NE'/aNW'A of said Section 11; thence N 89°37'45" E 382.26 feet along the South line to the Southwest corner of the NW%NE'/4 of said Section 11; thence N 89°39'46" E 1315.08 feet along the South line to the Southeast corner of said NW'4NE'/4; thence N 00°10'59" W 1319.25 feet along the East line of said NW'/4 NE'/4 ; thence N 00°39'37" W 466.37 feet along the East line of the SW%SE'% of said Section 2; thence S 89°34'26" W 1013.04 feet to the Easterly Right-of-way line of County Road No. 210; thence S 36°37'43" W 219.93 feet along said R.O.W.; thence S 35°58'55" W 174.94 feet along said R.O.W.; thence S 36°49'44" W 102.62 feet along said R.O.W. to the West line of said SW'/4SE'% of Section 2; thence S 00°57'59" E 67.81 feet to the point of beginning, containing 65.96 acres more or less. TOGETHER WITH five (5) shares of water in the Grand River Ditch and all right, title and interest of the Grantors in and to the water right decreed for the Green Spring in Case No. W-3914, in the District Court for Water Division No. 5, State of Colorado, for 0.5 c.f.s., absolute, for irrigation and livestock watering purposes, with an appropriation date of December 31, 1964. (All such water rights are conveyed without warranties as to title or otherwise, notwithstanding herein contained to the contrary.) TO HAVE AND TO HOLD the same together with all appurtenances and privileges thereto belonging or in anywise thereto appertaining, and warrants title to the lands described above, except and subject to: governmental rules and regulations; U.S. Patent reservations and exceptions; terms, conditions and provisions of Agreements recorded in Book 345 at Page 195 and in Book 345 at Page 199; easements and rights-of-way of record or constructed and in place; Oil and Gas Lease with Barrett Resources Corporation recorded in Book 954 at Page 634 and any and all assignments thereof or interests therein; and general property taxes for the year 2000 and all subsequent years. Dated this & r1-'1day of March, 2000. GRANTORS: George D. Green / L L,%/ r ^ -L./ Ardis A. Green LANDTETLE G;‘,2_73 jf'd c a �;/E: 2/ AIM 11111 111111 1111 IIII 1111111111111111 11111 1111111 561130 03/27/2000 12 45P 61178 P454 M ALSDORF 2 of 2 R 10.00 D 42.40 GARFIELD COUNTY CO STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 7 George D. Green and Ardis A. Green. Witness my hand and official seal. My commission expires: 1 ?47 .Z.V MARGARET R. JOY NOTARY PUBLIC STATE OF COLORADO My commission Exptres l2!23/2000 Notatty Public r -day of March, 2000, by 1111101111 1111 1111 11111111111111 11 /111/1111 561131 03/27/2000 12:47P 01178 P455 M ALSDORF 1 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO The printed portions of this form have been approved by the Colorado Red Estate Commission. (TD 72-7-96) IF THIS FORM IS USED 1N A CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL. THIS ISA LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. DEED OF TRUST (Due on Transfer — Strict) THIS DEED OF TRUST is made this 27th day of March 2000 between PAUL B. LUGINBUHL and JIM E. LUGINBUHL (Borrower), whose address is P.O. Box 950, Basalt, Colorado 81621 and the Public Trustee of the County in which the Property (see paragraph I) is situated (Trustee); for the benefit of GEORGE D. GREEN and ARDIS A. GREEN, as joint tenants 0603 County Road 221, Rifle, Colorado 81650 Borrower and Lender covenant and agree as follows: 1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby grants and conveys to Trustee in trust, with power of sale, the following described property located in the County of Garfield State of Colorado: (Lender). whose address is See Exhibit "A", a copy of which is attached hereto and incorporated herein by this reference whichhastheaddressof no address assigned. Property served by County Road Nos. 210 and (Street) 221, Rifle (City) Colorado 81650 (Zip Code) (Property Address). together with all its appurtenances (Property). 2. Note; Other Obligations Secured. This Deed of Trust is given to secure to Lender: A. the repayment of the indebtedness evidenced by Borrower's note (Note) dated March 27 2000 in the principal sum of Three Hundred Twenty–Four Thousand Dollars (8324,000.00) U.S. Dollars, with interest on the unpaid principal balance from March 27, rate of 6.5 percent per annum, with principal and interest payable at 0603 County Road 221, Rifle, Colorado 81650 or such other place as the Lender may designate.)tpt as follows. 2000 until paid, at the Dollars (U S $ ) due on the day of each beginning payments to continue until the entire indebtedness evidenced by said Note is fully paid; however, if e e :are, the entire principal amount outstanding and accrued interest thereon, shall be due and payable e r Principal and interest shall be payable in monthly installments of Two Thousand Four Hundred Fifteen Dollars and Sixty–Six Cents ($2,415.66) each, commencing May 1, 2000, and continuing on the first day of each month thereafter, through and including April 1, 2005, at which time the entire unpaid balance of principal and interest shall be due and payable, in full. and Borrower is to pay to Lender a late charge of five (5) No of any payment not received by the Lender within five (5) days after payment is due: and Borrower has the right to prepay the principal amount outstanding under said Note, in whole or in part, at any time without penalty tempt eighteen B. the payment of all other sums, with interest thereon at (187) % per annum, disbursed by Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust; and C. the performance of the covenants and agreements of Borrower herein contained. 3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants title to the same, subject to general real estate taxes for the current year, easements of record or in existence, and recorded declarations, restric- tions, reservations and covenants, if any, as of this date and except other matters of record. 4, Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness I evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's other covenants contained in the Note. 5. Application of Payments. All payments received by Lender under the terms hereof shall he applied by Lender first in payment of amounts due pursuant to paragraph 23 (Escrow Funds for Taxes and Insurance), then to amounts disbursed by 1. ender pursuant to paragraph 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note. TD72-7-96. DEED OF TRUST (Due on Transfer — Strict) ,.?1V ".-16.f) Bead ford Publishing, 1743 Wazee SL Denver, CO 80202 — (303) 292-250 U✓ 7-99 Pe C 1 4 r�T~ /d r1Z 3 Z� F �,;'�' F ✓'✓�IPa initial `WWY 1601 1111111 11111 111111 1111 1111 1111111 111111 111 11111 1111 1111 561131 03/27/2000 12 47P B1178 P456 M ALSDORF 2 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO 6. Prior Mortgages and Deeds of "Bust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any prior deed of trust and any other prior liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may have or attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any, in the manner set out in paragraph 23 (Escrow Funds for Taxes and Insurance) or, if not required to be paid in such manner, by Borrower malting payment when due, directly to the payee thereof. Despite the foregoing, Borrower shat' nit be required to make payments otherwise required by this paragraph if Borrower, after notice to Lender, shall in good faith contest such obligation by, or defend enforcement of such obligation in, legal proceedings which operate to prevent the enforcement of the obligation or forfeiture of the Property or any part thereof, only upon Borrower making all such contested payments and other payments as ordered by the court to the registry of the court in which such proceedings are filed. 7. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire or hazards included within the term "extended coverage" in an amount at least equal to the lesser of (1) the insurable value of the Property or (2) an amount sufficient to pay the sums secured by this Deed of Trust as well as any prior encumbrances on the Property, All of the foregoing shall be known as "Property Insurance". The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be chosen by Borrower subject to Lender's right to reject the chosen carrier for reasonable cause. All insurance policies and renewals thereof shall include a standard mortgage clause in favor of Lender, and shall provide that the insurance carrier shall notify Lender at least ten (10) days before cancellation, termination or any material change of coverage. Insurance policies shall be furnished to Lender at or before closing. Lender shall have the right to hold the policies and renewals thereof. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is econom- ically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is given in accordance with paragraph 16 (Notice) by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4 (Payment of Principal and Interest)anat3o)Egouracknadssicnx-Rotetaguillimaitaliegr or change the amount of such installments. Notwithstanding anything herein to the contrary, if under paragraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition. All of the rights of Borrower and Lender hereunder with respect to insurance carriers, insurance policies and insurance proceeds are subject to the rights of any holder of a prior deed of trust with respect to said insurance carriers, policies and proceeds. 8. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. Borrower shall perform all of Borrower's obligations under any declarations, covenants, by-laws, rules, or other documents governing the use, ownership or occupancy of the Property. 9. Protection of Lender's Security. Except when Borrower has exercised Borrower's rights under paragraph 6 above, if the Bor- rower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lien, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, with notice to Borrower if required by law, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not limited to: (a) any general or special taxes or ditch or water assessments levied or accruing against the Property; (b) the premiums on any insurance necessary to protect any improvements comprising a part of the Property; (c) sums due on any prior lien or encumbrance on the Property; (d) if the Property is a leasehold or is subject to a lease, all sums due under such lease; (e) the reasonable costs and expenses of defending, protecting, and maintaining the Property and Lender's interest in the Property, including repair and maintenance costs and expenses, costs and expenses of protecting and securing the Prop- erty, receiver's fees and expenses, inspection fees, appraisal fees, court costs, attorney fees and costs, and fees and costs of an attorney in the employment of the Lender or holder of the certificate of purchase; (I) all other costs and expenses allowable by the evidence of debt or this Deed of Trust, and (g) such other costs and expenses which may be authorized by a court of competent jurisdiction. Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property or by law or otherwise to cure any default under said prior encumbrance. Any amounts disbursed by Lender pursuant to this paragraph 9, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified in paragraph 2B (Note; Other Obliga- tions Secured). Nothing contained in this paragraph 9 shall require Lender to incur any expense or take any action hereunder. 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemna- tion or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender as herein provided. However, all of the rights of Borrower and Lender hereunder with respect to such proceeds are subject to the rights of any holder of a prior deed of trust. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, the proceeds remaining after taking out any part of the award due any prior lien holder (net award) shall be divided between Lender and Borrower, in the same ratio as the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to Borrower's equity in the Property immediately prior to the date of taking. Borrower's equity in the Property means the fair market value of the Property less the amount of sums secured by both this Deed of Trust and all prior liens (except taxes) that are to receive any of the award, all at the value immediately prior to the date of taking. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is given, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) nor change the amount of such installments. 12. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower, nor Borrower's successors in interest, from the original terms of this Deed of Trust. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower nor Borrower's successors in interest. 13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy. 14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from and cumulative to all other rights or remedies under the Note and this Deed of Trust or afforded by law or equity, and may be exercised concurrently, indepen- dently or successively. 15. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 24 (Transfer of the Property; Assumption). All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. No. TD72-7-96. Page 2 of 4 • 1 II1111111111111111111 1111 1111111111111111 11111 561131 03/27/2000 12 47P 81178 P457 M ALSDORF 3 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO 16. Notice. Except for any notice required by law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be in writing and shall be given and be effective upon (1) delivery to Borrower or (2) mailing such notice by first- class U.S. mail, addressed to Borrower at Borrower's address stated herein or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be in writing and shall be given and be effective upon (1) delivery to Lender or (2) mailing such notice by first-class U.S. mail, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in any manner designated herein. 17. Governing Law; Severability. The Note and this Deed of Trust shall be governed by the law of Colorado. In the event that any provision or clause of this Deed of Trust or the Note conflicts with the law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and Note are declared to be severable. 18. Acceleration; Foreclosure; Other Remedies. Except as provided in paragraph 24 (Transfer of the Property; Assumption), upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, or upon any default in a prior lien upon the Property, (unless Borrower has exercised Borrower's rights under paragraph 6 above), at Lender's option, all of the sums secured by this Deed of Trust shall be immediately due and payable (Acceleration). To exercise this option, Lender may invoke the power of sale and any other remedies permitted by law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust, including, but not limited to, reasonable attorney's fees. If Lender invokes the power of sale, Lender shall give written notice to Trustee of such election. Trustee shall give such notice to Borrower of Borrower's rights as is provided by law. Trustee shall record a copy of such notice as required by law. Trustee shall advertise the time and place of the sale of the Property, for not less than four weeks in a newspaper of general circulation in each county in which the Property is situated, and shall mail copies of such notice of sale to Borrower and other persons as prescribed by law. After the lapse of such time as may be required by law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place (which may be on the Property or any part thereof as permitted by law) in one or more parcels as Trustee may think best and in such order as Trustee may determine. Lender or Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any such sale to see to the application of the purchase money. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. 19. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder, the owners of the Property or parties Gable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest payments due as of the date of cure, costs, expenses, late charges, attorney's fees and other fees all in the manner provided by law. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had occurred, and the foreclosure proceedings shall be discontinued. 20. Assignment of Rents; Appointment of Receiver, Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property; however, Borrower shall, prior to Acceleration under paragraph 18 (Acceleration; Fore- closure; Other Remedies) or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies), and shall also be so entitled during the time covered by foreclosure pro- ceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of Borrower or of the then owner of the Property, and without regard to the value thereof. Such receiver may be appointed by any Court of competent jurisdiction upon ex parte application and without notice — notice being hereby expressly waived. Upon Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, Lender, in person, by agent or by judicially -appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied, first, to payment of the costs of preservation and management of the Property, second, to payments due upon- prior liens, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 21. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall cause Trustee to release this Deed of Trust and shall produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory Trustee's fees. If Lender shall not produce the Note as aforesaid, then Lender, upon notice in accordance with paragraph 16 (Notice) from Borrower to Lender, shall obtain, at Lender's expense, and file any lost instrument bond required by Trustee or pay the cost thereof to effect the release of this Deed of Trust. 22. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Property under state or federal law presently existing or hereafter enacted. ** 23. Emew-Funds-for Taxes and Insurance. to a prior encumbrance. Subject to applicable law, Borrower shall pay to Lender, on each day installments of principal and in are payable under the Note, until the Note is paid in full, a sum (herein referred to as "Funds") equal to of the yearly taxes and assessments which may attain priority over this Deed of Trust plus of yearly premium installments for Property Insurance, all as reasonably estimated initially and from time to time by Le * -. . n the basis of assessments and bills and reasonable estimates thereof, taking into account any excess Funds not used or sho The principal of the Funds shall be held in a separate account by the Lender in trust for nefit of the Borrower and deposited in an institution the deposits or accounts of which are insured or guaranteed by a fede • . state agency. Lender shall apply the Funds to pay said taxes, assessments and insurance premiums. Lender may not charge so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills. Lender sh. ..t be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an ann . . counting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made unds are pledged as additional security for the sums secured by this Deed of Trust. lithe amount of the Funds held by Lender sh. .t be sufficient to pay taxes, assessments and insurance premiums as they fall due, Borrower shall pay to Lender any amou. . ecessary to make up the deficiency within 30 days from the date notice is given in accordance with paragraph 16 (No •y Lender to Borrower requesting payment thereof. Provided however, if the loan secured by this Deed of Trust is subject ' ESPA or other laws regulating Escrow Accounts, such deficiency, surplus or any other required adjustment shall be paiedited or adjusted in compliance with such applicable laws. Upon payment of all sums secured by this Deed of Trust, Lender shall simultaneously refund to Borrower any Funds held by Lender. If paragraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is sold or the Property is otherwise acquired by Le • : , Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, whichever occurs any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust. 24. Transfer of the Property; Assumption. The following events shall be referred to herein as a "Transfer": (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein), (ii) the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any part thereof or interest therein), (iii) or an agreement granting a possessory right in the Property (or any portion thereof), in excess of three (3) years, (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive, more than fifty percent (50%) of the controlling interest or more than fifty percent (50%) of the beneficial interest in the Borrower, (v) the reorganization, liquidation or dissolution of the Borrower. Not to be included as a Transfer are (i) the creation of a lien or encumbrance subordinate to this Deed of Trust, (ii) the creation of a purchase money security interest for household appliances, or (iii) a transfer by devise, descent or by operation of the law upon the death of a joint tenant. At the election of Lender, in the event of each and every transfer: (a) All sums secured by this Deed of Trust shall become immediately due and payable (Acceleration). (b) If a Transfer occurs and should Lender not exercise Lender's option pursuant to this paragraph 24 to Accelerate, Transferee shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including all sums secured hereby whether or not the instrument evidencing such conveyance, contract or grant expressly so provides. This covenant shall run with the Property and remain in full force and effect until said sums are paid in full. The Lender may without notice to the Borrower deal with Transferee in the same manner as with the Borrower with reference to said sums including the payment or credit to Transferee of undisbursed reserve Funds on payment in full of said sums, without in any way altering or discharging the Borrower's liability hereunder for the obligations hereby secured. **Taxes and insurance shall be paid by Borrower direct y. No. TD72-7-96. Page 3 of 4 Continued on reverse side. IIIIII IIIII IIIIII IIII IIII IIIIIII IIIIII 011111111111111 561131 03/27/2000 12:47P B1178 P458 N ALSDORF 4 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO (c) Should Lender not elect to Accelerate upon the occurrence of such Transfer then, subject to (b) above, the mere fact of a lapse of time or the acceptance of payment subsequent to any of such events, whether or not Lender had actual or constructive notice of such Transfer, shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped therefrom by virtue thereof. The issuance on behalf of the Lender of a routine statement showing the star's of the loan, «nether or not Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's said rights. 25. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trust. EXECUTED BY BORROWER. IF BORROWER IS NATURAL PERSON(s): Paul B. Luginbuhl IF BORROWER IS CORPORATION: ATTEST: (SEAL) / 1 Jim( ugin dt�jffg business as uh�- ' 67. Name of Corporation By Secretary President IF BORROWER IS PARTNERSHIP: STATE OF COLORADO County of Garfield Name of Partnership By A General Partner ss. The foregoing instrument was acknowledged before me this 7ri day of march 2000 by. Paul B. Luginbuhl and Jim E. Luginbuhl Witness my hand and official se My commission expires: Z. Z' . J / -z0 O 0 MARGARET R. JOY NOTARY PUBLIC STATE OF COLORADO My Commission Expires 12/23/2000 9f a natural person or persons, insert the name(s) of such person(s). If a corporation, insert, for example, "John Doe as President and Jane Doe as Secretary of Doe & Co., a Colorado corporation." If a partnership, insert, for example, "Sam Smith as general partner in and for Smith & Smith, a general partnership." No. TD72-7-96. Page 4 of 4 1 111111 11111 111111 1111 1111 1111111 11101 111011 1111 1111 • 561131 03/27/2000 12 47P B1178 P459 M ALSDORF 5 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A (Legal Description - Deed of Trust - Luginbuhl to Green) A tract of land situated in the North 1/2 of Section 11 and the SW1/ SE 1/ of Section 2, Township 6 South, Range 93 West of the Sixth Principal Meridian, more particularly described below as follows: Beginning at the North 1/ corner of Section 11, marked with a 2 1/2" aluminum cap, thence S 89°29'33" W 667.45 feet along the North line to the Northwest corner of the NE 1/4 NE 1/ NW 1/ of said Section 11; thence S 00°11'16" E 287.89 feet along the West line of said NE 1/ NE 14 NW 1/a to the North line of the Wimmer Parcel as described in Book 367, Page 458; thence N 89°31'32" E 279.44 feet along the North line to the Northeast corner of said Wimmer Parcel; thence S 00°22'28" E 1028.81 feet along the East line to the Southeast corner of said Wimmer Parcel, also being the South line of the NE1/aNWI of said Section 11; thence N 89°37'45" E 382.26 feet along the South line to the Southwest corner of the NW1 NE% of said Section 11; thence N 89°39'46" E 1315.08 feet along the South line to the Southeast corner of said NW1/a NE Vs; thence N 00°10'59" W 1319.25 feet along the East line of said NW 1/a NE 1/ ; thence N 00°39'37" W 466.37 feet along the East line of the SW 14SE'/a of said Section 2; thence S 89°34'26" W 1013.04 feet to the Easterly Right-of-way line of County Road No. 210; thence S 36°37'43" W 219.93 feet along said R.O.W.; thence S 35°58'55" W 174.94 feet along said R.O.W.; thence S 36°49'44" W 102.62 feet along said R.O.W. to the West line of said SW 1/ SE 1/ of Section 2; thence S 00°57'59" E 67.81 feet to the point of beginning, containing 65.96 acres more or less. TOGETHER WITH five (5) shares of water in the Grand River Ditch and all right, title and interest of the Grantors in and to the water right decreed for the Green Spring in Case No. W-3914, in the District Court for Water Division No. 5, State of Colorado, for 0.5 c.f.s., absolute, for irrigation and livestock watering purposes, with an appropriation date of December 31, 1964. 111111111111 I111111111111111111111111111111111111111111 0\j 616334 12/10/2002 03.54P 81415 P619 M PLSDORF 1 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) NICHOLAS W. GOLUBA, JR. ("Affiant' his oath, deposes and says: SUPPLEMENTARY AFFIDAVIT (Joint Tenancy) '), of lawful age, being first duly sworn upon AFFIANT has personal knowledge of the fact that GEORGE D. GREEN, who is named as the deceased in the attached certified copy of Certificate of Death, was at the time of his death the owner, in joint tenancy with ARDIS A. GREEN, 0603 County Road 221, Rifle, Colorado 81650 and DARRELL C. GREEN, 1009 County Road 223, Rifle, Colorado 81650, of all that real property described in Deed recorded in Book 1058 at Page 528 as Reception No. 522081 of the Garfield County, Colorado records, which property is more fully described as follows: A portion of Lot 4 and a portion of the SW 1/4 NW 1/4 of Section 1, Township 6 South, Range 93 West of the 6"' P.M., Garfield County, Colorado, also described as Tracts 9 and 24 on Plat 1 of the Antlers Orchard Development Company as Reception No. 37488 in the records of Garfield County, Colorado, said property being more correctly described as follows: Commencing at the west 1/4 corner of said Section 1, also being the southwest corner of Tract 25 as shown on Plat 1 of Antlers Orchard Development Company as Reception No. 37488 in the records of Garfield County, Colorado, also being the southwest corner of the S W 1/ SW 1/ NW 1/ of said Section 1; thence N022'15' W 660.04 feet along the west line of said Tract 25 and of said SW 1/ SW 1/ NW 1/4 to the TRUE POINT OF BEGINNING, also being the southwest corner of said Tract 24 and of the NW1/4SW1/4NW% of said Section 1; thence N0°21'31"W 1320.08 feet along the west line of said Section 1, also being the west line of said Tracts 9 and 24, to the northwest corner of said Tract 9; thence N89°53'08"E 659.84 feet along the north line of said Tract 9 to the northeast corner of said Tract 9; thence S0°23'08"E 1320.06 feet along the east line of said Tracts 9 and 24 to the southeast corner of said Tract 24 and of said NW%SW'/4NW1/4; thence N89°43' 16"E 659.84 feet to the TRUE POINT OF BEGINNING, also being the southwest corner of said Tract 24 and of said NW 1/ SW 1/4 NW 1/ TOGETHER WITH all improvements thereon, and together with all water and water rights, ditch and ditch rights, reservoirs and reservoir rights appurtenant to the above-described real property, including but not limited to all Silt Project water rights appurtenant to the above-described real property and 4.80 shares of the capital stock of the Farmers Irrigation Ditch Company. AND THAT AFFIANT has personal knowledge of the fact that GEORGE D. GREEN, who is named as the deceased in the attached certified copy of Certificate of Death, was the owner, in joint tenancy with ARDIS A. GREEN, 0603 County Road 221, Rifle, Colorado 81650, of all other real property located in Garfield County, Colorado in which said Decedent had an interest at the time of his death, including without limitation, the following lands and mineral interests, all located in Garfield County, Colorado, to -wit: LANDS (a) NE 1/4 NE 1/4 , Section 11, Township 6 South, Range 93 West of the 6"' P.M.; and 111111111111111111111111111111111111111111111111111111 616334 12/10/2002 03:54P 81415 P620 M ALSDORF 2 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO MINERAL INTERESTS (b) All oil, gas and other minerals in and under the SE I/4 NE '/4 , Section 11, Township 6 South, Range 93 West of the 6th P.M. (Source: Deeds to George D. Green and Ardis A. Green as joint tenants, recorded in Book 363 at Page 189, Reception No. 228394 and in Book 419 at Page 312, Reception No. 249849, respectively. Mineral reservation in Deed to Kenneth Chambers, Patricia Chambers and Flint Chambers, recorded in Book 686 at Page 350, Reception No. 370097; and mineral reservation (no right of surface entry) in Deed to Robert Regulski and Rifle Ski Corporation, recorded in Book 884 at page 893, Reception No. 456148;) and (c) All oil, gas and mineral rights in and under the following described lands: A tract of land in West Half of the Southwest Quarter (W1/2SW1/4) of Section Eleven (11), Township Six (6) South, Range Ninety -Three (93) West of the Sixth (6"') P.M. lying North of the railroad right-of-way and of the state highway as the same are now surveyed, constructed and in place, and more particularly described as: Beginning at a point whence the Southeast Corner of Section Ten (10), Township Six (6) South, Range Ninety -Three (93) West of the Sixth (6th) P.M. bears South 00°10' W., 1320.0 feet; thence North 00°10' East, 596.33 feet to the county road; thence along the county road North 42°17'30" East, 119.28 feet; thence South 00°10' West, 684.80 feet; thence North 89°50' West, 80.00 feet to the point of beginning. (Source: Deed to George D. Green and Ardis A. Green as j oint tenants, recorded in Book 351 at Page 459, Reception No. 222172. Mineral reservation in deed to Walter S. Moyer and Carmen L. Moyer, recorded in Book 380 at Page 42, Reception No. 236314.) (d) An undivided one-half (1/z) interest in all minerals, including oil and gas, in and under the following described lands: A tract of land situated in the SW'% of Section 11, Township 6 South, Range 93 West of the 6th P.M., lying Southeasterly of the Southerly right-of-way line of a Garfield County road as constructed and in use, more fully described as follows: Beginning at a point whence the Northwest Corner of the SW%SW'/< of said Section 11 bears N.89°50' W. 80.00 feet; thence N. 00°10'E. 684.80 feet to a point on the Southerly right-of-way line of said road; thence N. 38°58'07" E. 239.38 feet along the Southerly right-of-way line of said road; thence S. 00°10' W. 871.35 feet; thence N. 89°50' W. 150.00 feet to the point of beginning, containing 2.68 acres, more or less. Also a tract of land situate in the SW'% of Section 11, Township 6 South, Range 93 West of the 6`s P.M. and more fully described as follows: Beginning at the Northwest Corner of the SW1/4SW'/ of said Section 11, Thence South 89°50' E. 100 feet, thence South 00°10' West 752.10 feet, more or less to the North line of Colorado State Highway 6&24 thence South 63°30'50" West 111.73 feet, more or C.1Office Data1CLIENT\Green\Eatete\12-10-02 Supp Affidavit.wpd 2 1 111111 11111 111111 111111 11111 1111 111111 111 1111111111111 616334 12/10/2002 03 54P 81416 P621 M ALSDORF 3 of S R 26.00 D 0.00 GARFIELD COUNTY CO less to the West line of said SW'44 SW % of Section 11, thence North along said line to the Northwest Corner of said SW%%SWY4 of Section 11, the point of beginning. (Source: Deed to George D. Green and Ardis A. Green as joint tenants, recorded in Book 351 at Page 459, Reception No. 222172. Mineral reservations in Deed to Walter S. Moyer and Carmen L. Moyer recorded in Book 416 at Page 129, Reception No. 248599 and in Correction Deed to the Moyers, recorded in Book 417 at Page 66, Reception No. 248933. (e) An undivided one-half (1/2) interest in all minerals, including oil and gas, in and under the following described lands: A tract of land situated in SW'/ of Section 11, Township 6 South, Range 93 West of the 6th P.M., lying Southeasterly of the Southerly right-of-way line of a Garfield County road as constructed and in use, and more fully described as follows: Beginning at a point whence the Northwest corner of the SW'/ SW'/4 of said Section 11 bears North 89°50' West 230.00 feet; thence North 00°10' East 871.35 feet to a point on the Southerly right-of-way line of said road; thence North 42°27' East 421.72 feet along the Southerly right-of-way line of said road; thence South 00°10' West 1427.79 feet to a point on the Northerly line of the property described in a deed recorded in Book 376 at Page 490 of the Garfield County records; thence South 63°30'50" West 462.93 feet along the said Northerly property line to the Northwest corner of the property described in the aforesaid deed; thence North 00°10' East 452.10 feet; thence South 89°50' East 130.00 feet to the point of beginning. (Source: Deed to George D. Green and Ardis A. Green as joint tenants, recorded in Book 351 at Page 459, Reception No. 222179. Mineral reservation in Deed to Robert A Crabtree and June Irene Crabtree recorded in Book 392 at Page 337, Reception No. 240249.) (f) An undivided one-half (1/) interest in all oil, gas, minerals and fissionable materials in and under the following described lands: That part of the W' SW'/ of Section 11, Township 6 South, Range 93 West of the 6th P.M. lying Northerly of the Railroad and Highway as constructed and in place, except those parts conveyed out by Document Nos. 214917, 234890, 236314, 240249 and 248599. (Source: Deed to George D. Green and Ardis A. Green as joint tenants, recorded in Book 351 at Page 459, as Reception No. 222179. Mineral reservations in Deed to Ted E. Mullennix and Stephen B. Price recorded in Book 443 at Page 290, Reception No. 257904 and in Correction Deed to Mullennix and Price, recorded in Book 455 at Page 588, Reception No. 261830). (g) All oil, gas and other minerals and mineral rights in and under the following described lands: Lot 1, Section 2, Township 6 South, Range 93 West of the 6t' P.M. (Source: Deed to George D. Green and Ardis A. Green as joint tenants, recorded in Book 419 at Page 312, Reception No. 249849. Mineral reservation in Deed recorded in Book 681, at Page 959, Reception No. 368044. C:1Otrice Data 1CLIENT \ Green \Estate\12-10-02 Supp Atridavit.wpd 3 1 111111 11111 111111 111111 11111 1111 111111 III 1111111111111 616334 12/10/2002 03:54P 61415 P622 M ALSDORF 4 of 5 R 28.00 D 0.00 GARFIELD COUNTY CO AND THAT AFFIANT has personal knowledge of the fact that GEORGE D. GREEN who is named as the deceased in the attached certified copy of Certificate of Death, was at the time of his death the owner and holder, in joint tenancy with ARDIS A. GREEN, 0603 County Road 221, Rifle, Colorado 81650, of the following described notes or evidence of debt: (a) Installment Promissory Note, dated December 1, 1993, in the original principal sum of $135,000, payable by Robert Regulski and Rifle Ski Corporation to George D. Green and Ardis A. Green, as joint tenants, secured by Deed of Trust recorded in Book 0884 at Page 895 as Reception No. 456149 of the Garfield County, Colorado records; and (b) Promissory Note dated March 27, 2000, in the original principal sum of $324,000, payable by Paul B. Luginbuhl and Jim E. Luginbuhl to George D. Green and Ardis A. Green, as joint tenants, secured by Deed of Trust recorded in Book 1178 at Page 455 as Reception No. 561131 of the Garfield County, Colorado records. AFFIANT has no record interest, nor any interest whatsoever in the above described real property, lands, mineral interests, promissory notes or in the real property se uring said notes AFFI icholas W. Goluba, Jr. Subscribed and sworn to before me this lOth day of December, 2002, biAir Goluba, Jr. -7f a 4 G Witness my hand and official seal. My commission expires: is - q-,200( C:\Office Data \ CLIENT \ Green \Estate112-10-02 Supp Affidavit.wpd 4 CERTIFICATION; QF VITAL RI 0 2 3� CR169835 THIS IS TO CERTIFY THAT THIS ISA TRUE AND CORRECT COPY OF THE OFFICIAL RECORD WHICH IS IN MY CUSTODY. STATE OF COLORADO STATE OF COLORADO CERTIFICATE OF DEATH STATE FILE NUMBER u1f,!•ii ,s•,1�3 1. DECEDENTS NAME (FIOSI MMdle, Lean George Duane GREEN 2. 8E8 Male 3 DATE OF DEATH (000011, Day, rear) November 5, 2002 NUMBER 'Mir' 524-34-8351 0o.AGE -Last Sb. UNDER IYEAR Sc. UNOE3 1DAV B. DATE 0F01RTH IMenln, Day, Year) July 18, 1923 T. BIRTHPLACE (CIO and 3fete sr Foreign Rifle, Colorado Birthday lYear) 79 Mos ;Dave Ho :Mina B WA3 02000ENT EVER IN U.9. ARMED FOR0(187 10 Yea 0 N 9a. PLACE OF DEATHIGnacx only ono HOSPITAL: 0 Inpatlenl ❑ER/Outpatient ❑DOA 1 ©Nu10109 Home ID Residence o OIhel(Spaci41 90. FACILITY NAME(0 not Mad 1130, plus Omar ono numbed At Home - 603 County Road 221 08 CITY, TOWN, OR LOCATION OF DEATH Rifle 0E. COUNTY OP DEATH Garfield 102. DECEDENTS USUAL OCCUPATION 6Give Midofweradone during meal werklnp Ills. psaaare"real Rancher 101,. KIND OF BUSINESS/INDUSTRY Agriculture 11. MARITAL STATUS . Moiled. NewDivorced Widowed, Married 12. SPOUSE (if 1100, gam maldan soma) Ardis A. Hoaglund 135 RE810ENCE-STATE Colorado 13, DO3NTY Garfield 13c. CITY, TOWN, OR LOCATION Rifle 13d. STREET AND NUMBER 603 County Road 221 13e. FM CITU LIMITS, oYee pJ Na 131. ZIP CODE 81650 14. WAD DECEDENT OF HISPANICORIOIN9 /1Sooaoo.Noo Zvi -Il ,really Cuban, M IU n, Puea.n, Ncl �:e,is n 1 E. RAG. American Indian, 000l4Whlle,,tc. (0300fyl White 10. DECEDENT'S EDUCATION I3pacf/vonrnlpnael co proledlElememaryoraecandary �lAravph 121 COItepe 119Mroupn 0)e 0)r 11+) 12th 17. FATHER -NAPA William IFIraLMIdd3.(3011 18 MOTHER -NAME (Fast, Middle, La r(Malden Hamall Duane Green Hazel Dehong 19, INFORMANT -NAME 1,331tlenehip to deceased. Mrs. Ardis Green - Wife ens. METHOD OF DIBP091T ION 200. PLLAC°MarEEI01DISPOSITION (Name of cemetery crematory, or 200. LOCATION -CIN or TOWS SOW ) 0 0011.1 X Cremation 0 Removal from Stat, ❑Donation 0Omer 13A0004 Grant Crematory Craig, Colorado 1 00 DAM -01 N 0800 ACTING AB SUCH �,✓ 214 NAME AND ADDRE9SOF FACILrTY: Meeker Mortuary - 517 Park Avenue P.O. Box 1048, Meeker, Colorado nP: 81641 210. PAYE FILED (Mon WF, riarl 23. TIMEIIF DEATH 220. D„TESIFLNOUNCED OOD Near 8. 2SW#BOLONRONER NOTIFIED? 8:27 a. M November 5, 2002 8:27 a.m. Yes TO 13P cow 0NLYEYCHATIFYINO PHYSICIAN TOSE COMPLETED EY CORONER 28To1habntolm hno a,tait el0o0cuna llnedme, dere and place, and due to one e.use(n sn�mann (.tad. Slvnebre, 2T. Onthebute 1200,Mellonand/or1a09100an0n, 11110 1000d0ethoccumd 000, nme,daee and Flee., and da. 0)F m. eau�..(ae/na m.lW.ra.,ten5 6lpnafpre► �� 20. DATE SIGNED Doth, pay, Year) November 6, 2002 . 20: PATE SIGNED (Month, Day, ,car) //p,J. Ca - o 30. NAME, TITLE Alp MAIL IRO ADDRESS OF CERTIFIER/CORONER ITol&Alol) William A. Kelley, M.D., 790 Wellington Ave. Suite 105, Grand Junction MP: CO 81501 31.. NAME OF ATTENDING PHYSICIAN IF OTHER THAN CERTI IER (Tyae/Pri00 32. MANNER OF DEATH 10 Nalprel 0 3.028( .doE 0Acoldenl 08uiide Mgtl0M0'minad O NsmleiN 335 (00009,0 , INJURY U) 934 TIME OF INJURY M 33a WOR AT 0Yu ONo 330 DESCRIBE HOWINJUIW OCCURRED 33a. PLACE OF INJUma RY.v) hone, farm, 109.4, Moiety, 0004. buil 391. LOCATION 38110.1 Ned N Lifter aFN01 Route Number, CN. C0M1N• MOM 35 IMMEDIATE CAUSE (ENTER ON ONE CAUSE PER LINE FORM IN AND ND Oan4.4., 10,0014094115(04 C101.,01R IHRMry Arrie•O pie. PANT / ./-•r 1 iN SAi, 4 CLie-r.e.s CONDITIONS DUE TO ORASA CON9E UENGEO IF ANYY/HIT0 IMMEDI TEC (b) IMMEDIATE DUE TO OR AS A CONSEQUENCE OF UNDERSTATINTHE I, ST IS) IND CAUSE AST IS) IO !Marvel Masan once and eM daaA Intemi bseaaw onset and OmaM1 larvU beShrum ones an a death PART 0!IIFICANTCONDTI0Y6- Conditions contributing to dein, but not misted bemuse In 11 PART100, C./.2A(1uc 6041k'K 38. AUTOPSY 113.0,50) No 313. gs M datelminIn801u0 &M.H DATE ISSUED Sri -cv Do not accept unless prepared on security paper with engraved border displaying the Colorado state seal and signature of the Registrar. PENALTY BY LAW, Section 25-2-118, Colorado Revised Statutes, 1982, if any person alters, uses, attempts to use or furnishes to another for deceptive use any vital statistics record. NOT VALID IF PHOTOCOPIED, VR iooCS 5191 ��mm�rp„tnup4j 8 STATE REGISTRAR/LOCAL REGISTRAR �4 NY ALTERATION OR ERASURE VOIDS THIS CERTIFICATE NoCrALko0 207 4-407 a-ty THE UNITED STATES OF AMERICA. To all to whom these Presents shall come, GREETING'Wt • 02-M.LeA Certificate No. 3lo ha WHBREAS, avy44-uo deposited in the GENE Register of the Land Office at.... that full payment has been made by cf\-ct/c•--e33.— AL LAND OFFICE of e. the United S ates, a certificate of the 0410.4-4_4.0 whereby it appears the said a -1442A according to the provisions of the Act of Congress of the 24th of April, 1820, entitled " An Act making further provision for the sale of the Public Lands," and the acts supplemental thereto, for afrud- tte 54a, 044.4t tw•-e4At- a-e.}Le,d) • j....-ga A Z24e(e L1_,Cleta C1-42.1- L:j_ded_Le.eA) according to the Official Plat of the Survey of the said lands, returned to the GENERAL. LAND OFFICE by the Surveyor General, which said Tract has been purchased by the said 44zw.L.LA Z„z. NOW KNOW YE, hat the UNITED STATES F AMERICA, ill consideration of the premises, and in conformity with the several Acts of Congress in such case made and provided, HAVE GIVEN AND GRANTED, nd by these presents DO GIVE AND GRANT, unto the said J.a-214.4,e Xi-i---c--e heirs, the said Tract ac1xve described ; TO HAVE AND TO HOLD ' the same, together with all the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto bjlonging unto the said a444...e-d and to ..... 4,-(2,0 . heirs and assigns forever; subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and 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 or intersect the premises hereby granted, as provided by the lands hereby granted. a right of way thereon for authority of the United States. the same be found to penetrate law ; and there is reserved from ditches or canals constructed by the Sztdiwi_e 0944=te4-z-vb 0'' • 1;0 • ,6 E La 4, / 937 rixt„,",11 ji,eitt-tt!,_;t1L-a-ht144-;e2t, Pccordcd In testimony whereof I United Patent, affixed. President of the States of America, «ave caused these letters to be made and the seal of the General Land Office to be hereunto / 77 9 17 GIVEN under my hand at the 0 , day qf City of Washington, the , in the year and States the one hundred of our Lord one thousand hundred and of the Independence of the United and_ By the President : By t. ax,frt, £47..4.tSecretary. Recorder of the General Land Office. ad Filed for Record the ) LJ day of A. D. 1941 at (it., 1, o'clock Recorder. By Deputy. RECORDED AT 94-11 O'CLOCK# .MO APR 14 1992 RCC ,44 a 8 . MILDRED ALSDORF• COUNTY CLERK STATE OF COLORADO ) )ss County of Garfield ) r),!12K 828 PAGE49C At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on MontlAy , the 13th of April A.D. 19 92 , there were present: Arnold L. Mackley Elmer (Buckey) Arbaney Marian 1.. Smith Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 92-031 A RESOLUTION CONCERNED WITH THE APPROVAL OF A ZONE DISTRICT AMENDMENT REQUEST BY SCOTT BRYNILDSON, KENNETH ; G. SPANGLER, GALLAGHER OIL CO., INC., MARVIN AND TERRY STEPHENS, ASPEN LIMOUSINE, ALEX AND VELMA URQUHART, ARDIS AND GEORGE GREEN, COPELAND CONCRETE, INC. AND EDGAR A. COPELAND. WHEREAS, the Board of County Commissioners of Garfield County have heretofore adopted and enacted a Zoning Resolution for Garfield County, Colorado, including as a part thereof, certain zoning maps regulating permitted uses upon the lands within Garfield County, Colorado; and WHEREAS, C.R.S. (1973) 30-28-109 through 30-28-116 provide for the approval of all zoning plans and the adoption and amendment of regulations and resolutions to implement such zoning plans by the Board of County Commissioners of a given county; and WHEREAS, Scott Brynildson, Kenneth G. Spangler, Gallagher Oil Co., Inc., Marvin and Terry Stephens, Aspen Limousine, Alex and Velma Urquhart, Ardis and George Green, Copeland Concrete, Inc. and Edgar A. Copeland have applied to the Board of County Commissioners for a zone district amendment on the following described parcels: See Exhibit A for such property to change from A/I (Agricultural/Industrial) and PUD (Eastview flamed Unit Development) to C/G (Commercial General); WHEREAS, the Garfield County Planning Commission having considered such application at their meeting on February 12, 1992, in conformity with the provisions of the Zoning Resolution of Garfield County, Colorado, recommended to the Board of County Commissioners of Garfield County MOX 828 PM E497 that the said request for a zone district amendment be approved, for the reasons set forth in the record of its actions; and WHEREAS, the applicant has given notice of public hearing upon such application by publication in a newspaper of general circulation in Garfield County, appearing in the Citizen Telegram on March 5, 1992, and such hearing having been held on April 6, 1992, and this Board having given full consideration tot he evidence submitted thereat; and WHEREAS, this Board, based upon the record in connection with said application, makes the following findings in respect thereto, to -wit: 1. That all applicable regulations regarding a Zone District Amendment have been complied with including, but not Limited to, Section 10.00 of the Garfield County Zoning Resolution of 1978, as amended. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 3. That the public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the meeting. 4. That the proposed zoning is in general compliance with the surrounding land uses and zoning in Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the request of Scott Brynildson, Kenneth G. Spangler, Gallagher Oil Co., Inc., Marvin and Terry Stephens, Aspen Limousine, Alex and Velma Urquhart, Ardis and George Green, Copeland Concrete, Inc. and Edgar A. Copeland for a zone district amendment be approved rezoning the above described properties from A/I and PUD to C/G. Dated Ibis 13th day of April Al I EST: .: , A.D. 1992 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO --- Cl k otthe`Board Chairman vote: Upon motion duly made and seconded the foregoing Resolution was adopted by the following Arnold L. Mickley Elmer (fey) Arbane.y Marian I- Smith , Aye , Aye , Aye STATE OF COLORADO ) )ss County of Garfield ) BOOK 828 PAGE498 I, County Clerk and ex -officio Clerk of the Board of County. Commissioners, in and for the C.. inty and State aforesaid, do hereby certify that the annexed and foregoing. Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my off -ice. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners BOOK 828 P11GE 499 EXHIBIT A All that part of the SE1/4 of Section 11, Township 6 South, Range 93 West of the 6th P.M., described as follows: Beginning at a point whence the West Quarter corner of said Section 11, bears North 88°45' West 2640.0 feet; thence South 89'26' East, 435.4 feet; thence South 592.7 feet to the North right of way line of U.S. Highway 6 & 24; thence South 63°55' West 484.7 feet; thence North 810.1 feet, more or less, to the point of beginning. EXCEPT a tract of land situated in the S1/2 of said Section 1 l described as follows: Beginning ata point which is the W'/4 corner of said Section 11; thence South 88'45' East 2640.0 feet; thence South 355.22 feet to the true point of beginning; thence South 26' 05'00" East 408.55 feet to the Northwesterly right of way line of U.S. Highway 6 & 24; thence South 63'55'00" West 200.00 feet along said Northwesterly right of way line; thence North 454.88 feet to the true point of beginning. Together with all ditch and ditch rights, water and water rights appurtenant thereto and used in connection therewith. and A tract of land in the SW1/.NNW'/4 of Section 12, Township 6 South, Range 93 West of the 6th P.M., and more particularly described as follows: Beginning at a point on the North line of the right of way of State Highway No 24, at its intersection with the West Section line of said Section 12, whence the West Quarter Section corner of said Section 12 bears South 0°17' East a distance of 511.4 feet; thence North 0' 38'30" West 779.0 feet to the south line of the County Road, thence along said South line of County Road North 89 ° 29' East 49 i .5 feet, thence South 0'29' West 572.0 feet to the No, : line ofthe right of way ofState Highway No. 24, and thence along said North right of way line on a curve whose chord bears South 66°08' West 522.6 feet to the point of beginning, together with all improvements situated thereon. and A parcel of land situated in the SW'/4NW1/4 of Section 12, Township 6 South, Range 93 West of the 6th P.M., lying Southerly of the Southerly right of way line of a county road as constructed and in place, said parcel of land is described as follows: Beginning at a point whence the West Quarter Corner of Section 12, Township 6 South, Range 93 West of the 6th P.M. bears: S.00 °24'12'' E. 1130.84 feet; thence N.00°24'12" W. 160.02 feet to a point on the Southerly right of way line of said county road; thence N.89' 37'45" E. 271.82 feet along the Southerly right of way line of said county road; thence S.00 *34'00" E. 160.20 feet; thence S.89 °40'00" W. 272.28 feet, the point of beginning. The above described parcel of land contains 1.00 acres, more or less. and BOOK 828 PhGE500 A parcel of land located in the SW1/4 in Section 11, Township 6 South, Range 93 West of the 6th P.M., described as follows: Beginning ata point on the Northerly right of way line of U.S. Highway No. 6, whence the Southwest corner of said Section 11 bears S.10°00'36" N. 575.31 feet; thence N. 63°30'50" E. 1690.98 feet along said right of way line; thence N. 89°48'15" W. 289.04 feet along a fence line; thence N. 00°04'28" E. 235.44 feet along a fence line; thence S. 45°19'55" W. 230.33 feet; thence S. 63'30'50" W. 1185.39 feet along a fence line; thence S. 300 feet to the point of beginning. EXCEPTING therefrom all that portion of the subject property which lies in the NEt/4SW1/4 of said Section 11. and A tract of land situated in NEt/,SW'/4 Section 11, Township 6 South, Range 93 West of the 6th P..M., described as follow: Commencing at a point where the North line of U.S. Highway 6 & 24 Intersects the North and South centerline of Section 11, Township 6 South, Range 93 West of the 6th P.M.; thence North alonf said centerline of said Section 11, 175 feet to Corner No. 2; thence West 210 feet to Corner No. 3; thence South to the North line of aforesaid Highway 6 & 24, Corner No. 4; thence Easterly along the North boundary of said Highway to the point of beginning, Corner No. 1, County of Garfield, State of Colorado. and A tract of land in the SE1/4 of Section 11, Township 6 South, Range 93 West of the 6th P.M. described as follows: Beginning at a point whence the West Quarter Corner of said Section 11 bears N.88'45' W. 2640.0 feet; thence South 355.22 feet to the true point of beginning; thence South 26'05'00" East 408.55 feet to the Northwesterly right of way line of U.S. Highway 6 & 24; thence South 63°55'00" West 200.00 feet along said Northwesterly right of way line; thence North 454.88 fejt to the true point of beginning. Subject to restrictive covenants as stated in instrument recorded April 10, 1968, as Document No. 240603 in Book 393 at Page 327; to prior mineral reservations and to easements and rights of way ofpublic record or situated and in use. and A tract of land in Garfield County, Colorado, situated in the N1/2SE1/4 of Section 11, Township 6 South, Range 93 West of the 6th P.M., described as follows: Beginning at a point on the North right of way of Highway 6 & 24, whence the East quarter corner of said Section 11 bears South 89°48'45" East 1016.86 feet; thence North 89 ° 48'45" West, 1203.11 feet; thence South 0 ° 12'0" East, 597.08 feet; thence along the North right of way of Highway 6 & 24 North 63°43'0" East, 1339.50 feet to the point of beginning. and • Boo lIcE 501. That portion of the SE NE lying W of U.S. Highway 6 & 24 containing 30.91 acres of the following parcel: The SE1/4NE1/4 of Section 11 and SW1/4NW1/4 of Section 12, Township 6 South, Range 93 West, containing 80 acres, more or less, excepting roadway and telephone and telegraph and railroad right of ways, and excepting that portion deeded to the Board of County Commissioners of Garfield County, by Warranty Deed, dated April 15,1939, recorded in Book 188 at Page 349 Garfield County records, being designated as Doc. #135516. and A parcel of land situated in the SW1/4NE1/4 of Section 11, Township 6 South, Range 93 West of the 6th P.M., more particularly described as follows: Beginning at the East Quarter Corner of said Section 11; a sandstone found in place; thence North 89'43'19" West 2635.27 feet along the southerly line of the NE1/4 of Section 11 to the True Point of Beginning; thence North 00 °27'51"East 1317.81 feet along the westerly line of the SW1/4N 04 of Section 11; thence South 89'47'15" East 1045.29 feet along the northerly line of the SW1/4NE1/4 of Section 11, thence South 00' 21'43" West 1319.00 feet and parallel to the easterly line of the SW1/4NE1/4 of Section 11, thence North 89°43'19" West 1047.64 feet along the southerly line of the SW1NE1/. of Section 11, to the True Point of Beginning. RECORDED X3'2 O'CLOCK? .M. REC # 456148 0ECo6 1593 MILDRED ALSDORF, GARFIELD COUNTY CLERK Zoe_ Fee_ WARRANTY DEED BooKO884 rA .893 DEC 061993• GHRF IELC) State Doc. Fee $ 1V." GEORGE D. GREEN and ARDIS A. GREEN ("Grantors"), for :TEN. DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid, do hereby sell and convey to ROBERT REGULSKI and .RIFLE SKI CORPORATION, 0045 Midland Valley Drive, New Castle, Colorado 81647 ("Grantees"), the following described real property situate in` the County of Garfield and State of Colorado, to -wit: Parcel #1 A tract of land, contained in the SES of the NE; of Section 11, T. 6 S., R. 93 W. :of the 6th P.M. , more: particularly;.. described as follows; Beginning at the SW corner of. said SE1/4 of the NE1 whence the Eh corner of said Section 11 bears • N. 89°43'35" E. 1317.38 feet thence, along the west ' line of ' said SES, of the NE; N.00°10'59" W. 1319.25 feet to the NW corner of said SE of the::NEh thence, along the northerly line of said :SEi of the NES N. 89°39'46" E. 723.67 feet thence S. 02°24'45" W. 1134.73 feet', to the northwesterly right-of-way line of ..:State Highway 6 & 24 thence, along said right -of --way line S. 63°01'54" W. 415.30 :: feet to its : intersection with the south line of said SES`'°.of the NE1 thence, ; along said south line S. 89°43'35" W. 301.54 feet to the point of beginning, containing 20.24 acres, more :or less. Parcel`: #2; A tract of land;_ .containedin the SES of the NE of Section 11, T. 6 S., R. 93 W. of the " 6th P.M., more `: particularly, described as follows; Beginn.ingat the intersection of the northwesterly right -of --- way ight-of-way: line of State Highway;6 &;24 -with the east line of said. Section 11, whence the E1/4 .-corner of . Said :Section :11 bears ,S 00°16'58" E. 510.75 feet thence, along said.right-of-way line S. 63°01'54" W. 721.64• feet thence leaving said. right-of-way line 'N. 02°24'45" E. 1134.73 feet to the northerly line of said SE1 of..the :_NE1 :-thence, along said northerly line N. 89°39'46" E. ,;591.41 feet to ` the NE corner of said SE; of the NE1 ". thence, S. 00°16'58" E. 809.96 feet to the :'point of beginning, containing 13.69 acres, more or less. TOGETHER WITH a non-exclusive easement tomaintain and use, in common with Grantors, an irrigation ditch over, across and through a strip of land, in.NE4NE; of Section 11, Township 6 South, Range 93 West of the 6th P.M., being 10 feet in width and located along the Section line 'common to Sections 11 and. 12. AND TOGETHER WITH the following water and water rights, to- wit: 3.6 shares in the Grand River Ditch Company. (All such water rights are conveyed without warranties as to title or B00W0884 PA 894 otherwise, notwithstanding anything herein contained to the contrary.) EXCEPTING THEREFROM HOWEVER, all oil, gas and other minerals and mineral rights in and under Parcel #1 and Parcel #2, which minerals and mineral rights .are EXPRESSLY RESERVED onto Grantors. Grantors shall have no right to enter upon the surface of said Parcel #1 or Parcel #2 by virtue of this reservation. The exploitation of said oil, gas and other minerals and mineral rights herein reserved shall be restricted to pooling and other non -intrusive arrangements which do not disturb the surface. TO HAVE AND TO HOLD the same, together with all appurtenances and privileges thereto belonging or in anywise thereto appertaining and warrants title to the same except and subject to governmental rules and regulations, reservations and exceptions contained in U.S. Patent recorded in Book 73 at Page 207; Oil and Gas Lease recorded in Book 795 at Page 657 and all assignments thereof or interests therein or amendments thereto; terms and conditions of Zone District Amendment Resolution No. 92-031, recorded in Book 828 at Page 496; terms and conditions of Subdivision Exemption Resolution No. 93-097, recorded in Book 878 at Page 964 and general property taxes for the year 1993 and all subsequent years. (All Book and Page references are to the records of the Clerk and Recorder of Garfield County.) SIGNED this 1st day of December, A.D. 1993. George D. Green Ardis A. Green STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this (0114 day of December, A.D. 1993, by GEORGE D. GREEN and ARDIS.A. GREEN. Witness my hand and official seal. .s yI- ommission expires: V5W-11gS- )-70.9/,•-[.).,r1 CINDY 0 HUGHES f i '.&"..6.6.004e � Notary Public 478741 B-942 P-326 05/30/95 03:30P PG 1 OF 2 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 10.00 10.00 THIS DEED, Made this WARRANTY DEED day of May 1995 , between RIFLE SKI CORPORATION of the County of Garfield and State of Colorado, grantor, and WILLIAM H. DUBOIS, SR. and DONNA M. DUBOIS, Joint Tenants with Right of Survivorship, whose legal address is 0405 Midvalley Drive, New Castle, CO 81647 of the County of Garfield and State of Colorado, grantee: WITNESSETH, That the grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration-DerItAR3, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant. bargain. sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: That real property described on Exhibit A attached hereto and incorporated herein by this reference. as k ownhy_street numher_as:__ LTnassig ed,- Statim Highway 6 and 24;_ Rifle,_ CO 81650 assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except SUbj ect to the 1995 general property taxes, patent reservations, restrictions, easements and rights-of-way of record. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural Abe singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. .RI1r^ 1' ., trid®syr"TION Yfilir .1' i' .:STA- OF COLO County of The foregoing instrument was acknowledged before me this 21/1 -day of May by ROBRRT M. REGULSKI, President of RIFLE SKI CORPORATION. My commission expires 1f in Denver, insert "City and 41111. t�0 �,R' Pf1�`/ o (ROSE MARIE', GEORGE . Witness my han • No. 932A. Rev. 4-94. WARRANTY DEED (For Photographic Record) nd oflici. seal. N'Litary Kana %i 1995 Name and Address of Person Creating Newly Created Legal Description (§ 38-35-106.5, C.R.S.) Bradford Publishing, 1743 Wazee St., Denver, CO 80202 — (303) 292-2500 -- 4-94 478741 B-942 P-327 05/30/95 03:30P PG 2 OF 2 E XH 1 B 2 T Parcel #2 A tract of land, contained in the SE1/4 of the NE1/4 of Section 11, T. 6 S., R. 93 W. of the 6th P.M., more particularly described as follows: Beginning at the intersection of the northwesterly right-of-way line of State Highway 6 & 24 with the east line of said Section 11, whence the E1/4 corner of said Section 11 bears S. 00416'58" E. 510.75 feet thence, along said right-of-way line S. 63201'54" W. 721.64 feet thence leaving said right-of-way line N. 02424'45" E. 1134.73 feet to the northerly line of said SE1/4 of the NE1/4 thence, along said northerly line N. 89439'46" E. 591.41 feet to the NE corner of said SE1/4 of the NE1/4 thence, S. 00416'58" E. 809.96 feet to the point of beginning, containing 13.69 acres, more or less. TOGETHER WITH a non-exclusive easement to maintain and use, in common with Grantor, an irrigation ditch over, across and through a strip of land in the NE1/4 NE1/4 of Section 11, Township 6 South, Range 93 West of the 6th P.M., being 10 feet in width and located along the Section line common to Sections 11 and 12. EXCEPTING THEREFROM HOWEVER, all oil, gas and other minerals and mineral rights in and under Parcel #2, which minerals and mineral rights have been previously RESERVED. RESERVING any and all irrigation ditch easements in place and in use, and the right to maintain the same, and at the election of Grantor, to convert such ditches to pipelines with the right to maintain such pipelines at Grantor's expense. TOGETHER with 1.30 shares of the Grand River Ditch Company (Lower Cactus Valley Ditch); and Regulski Well No. 1 as adjudicated, conditionally, in Case 94CW3, Water Division No. 5, District Court, State of Colorado, which water rights are subject to the augmentation plan set forth in said Case 94CW3. RETURN TO; Stuver & George, P.C. P. O. Box 907 Rifle, CO 81650 gill iNtitilICIENII P AIIl 'lfllia:I l'llEFIVI lilvh 111111 Reception#: 897774 09127(2017 02:51:08 PM Jean Rlberico 1 of 3 Rec Fee: $23.00 Doc Fee:0.00 GRRFIELD COUNTY CO WARNAN FY DEED THE STATE OF COLORADO § COUNTY OF Garfield § EXEMPT KNOW ALL PERSONS BY THESE PRESENTS: THAT BJ ALLIED NEWCO, LLC (hereinafter referred to as "Grantor"), for and in consideration of the sura of TEN AND NO/ 100 DOLLARS ($10.00) cash and other good and valuable consideration in hand paid by BJ SERVICES, LLC (hereinafter referred to as "Grantee"), the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto Grantee, that certain real property located in the state and county named above, together with any and all improvements thereon; and any and all hereditaments, privileges and appurtenances belonging or pertaining thereto (hereinafter referred to as the "Property"), being more particularly described on Exhibit A attached hereto and by this reference incorporated herein for all purposes. This conveyance is made and accepted subject to the following matters, to the extent same are in effect at this time: (i) any and all restrictions, covenants, conditions, liens, encumbrances, reservations, easements, and other exceptions to title, if any, relating to the Property, shown of record in the hereinabove mentioned County and State, and (ii) all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, relating to the Property and to all matters which would be revealed by an inspection and/or a current survey of the Property. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee and Grantee's legal representatives, successors and assigns forever. And Grantor does hereby bind Grantor and Grantor's legal representatives, successors and assigns to warrant and forever defend all and singular the Property unto Grantee and Grantee's legal representatives, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. Taxes for the current year are assumed by Grantee. EXECUTED on the date noted below, TO BE EFFECTIVE the I y day of , 2017. BT ALLIED NEWCO, LLC By: 0,‘" Name: CwL4 i -rLy Title: CcPa 1111 MOE 1t! 1041014.K.1L7+k 4Wi 11111 Reception#: 897774 09/27/2017 02:51:08 PM Jean Rlberlco 2 of 3 Rao Fee:$23.00 Doc Fee:0.00 GRRFIELD COUNTY CO Address of Grantee: 11211 FM 2920 Road Tomball, Texas 77375 THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this the l t-}`Fday of GIST , 2017, personally appeared GALES �J°Cl, df BJ Allied Newco, LLC, a Delaware limited liability company, and acknowledged to me that s/he executed the same in the capacity and for the purposes and consideration therein stated. a`"':"' : HOPE GRIFFITH 3.19/4.,4.:11 Notary Public. State of Texas W,...^..44:1 Comm. Expires 02-26-2021 4.4` Notary ID 12256462 Exhibit A - Property Description Notary Public in and fe State of Texas 1-k15,1 60E-Ft-ii4 Printed Name of Notary My Commission Expires: 1a(v 1 aba SCHEDULE OF EXHIBITS AFTER RECORDATION, PLEASE RETURN TO: Rice & Associates, P.C. 5615 Kirby Drive, Suite 810 Houston, Texas 77005 c:1222$ BJ Services\Colorado - Rifle, Jefferson Countyli)ecd, General BJ Allied Newco to BJ Services III lac MW II ✓I[ I iWI o tl i3opr dim,11111 Recept i ort# : 897774 O9f27l2017 02:51:08 P1 Jean Alberio° .. . 3 of 3 Rec Fee:$23.00 Otic Fee:O.00 GARFIELD COUNTY CO EXHIBIT A PROPERTY DESCRIPTION A tract of land contained in the Southeast 1/4 of the Northeast 1/4 of Section 11, Township 6 South, Range 93 West of the 6'I' P.M., more particularly described as follows: Beginning at the intersection of the northwesterly right-of-way line ot'State Highway 6 and 24 with theeast line of said Section 11, whence. the East 1/4 corner of said Section 11 bears South 000 16' 58" East 510.75 feet;. Thence along said right-of-way line South 63' 01' 54" West 721.64 feet; Thence leaving said right-of-way line North 02° 24' 45" East 1134.73 feet to the northerly fine of said Southeast 1/4 of the Northeast 1/4: Thence along said northerly line North 89° 39' 46" East 591.41 feet to the Northeast comer of said Southeast 1/4 of the Northeast 114; Thence South 000 16' 58" East 809.96 feet to the POINT OF BEGINNING,. c:'2228 13.l Service Tolorado - Rifle, Jefferson C:ountylDeed, General f3J Allied Newco to [3J Services 1111 11 111 Reception#: 747069 04/22/2008 04:03:30 PM Jean Alberioo 1 of 3 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO Division: Western 28730 H 6&24 ROW Agent: Dennis Hansen Easement Location: Description Author: JSC, Inc. Rifle, CO(Electric Distr.) Author Address: Meeker, CO Doc. No.: 190809 E Plat/ rid No.: NEM- ec.11-T 8-R93W W.0.1J.0./CREG No.: PUBLIC SERVICE COMPANY OF COLORADO EASEMENT The undersigned Grantor hereby acknowledges receipt of good and valuable consideration from PUBLIC SERVICE COMPANY F COLORADO (Company), 1225 17th Street, Denver, Colorado, 80202-5533, in consideration of which Grantor(s) hereby grants unto said Company, its successors and assigns, non-exclusive easement to construct, operate, maintain, repair, and replace utility lines and all fixtures and devices, used or useful in the operation of said lines, through, over, under, across, and along a course as said lines may be hereafter constructed in the SE%NE's of Section 11, Township 6 South, Range 93 West of the 6th Principal Meridian, County of Garfield, State of Colorado, the easement being described as follows: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. The easement varies in width. The side boundary lines of the easement shall be lengthened and shortened as necessary to encompass a continuous strip of not less than the above width at all points on Grantor's property crossed by the above described easement and extending to the boundaries of adjacent properties. Together with the right to enter upon said premises, to survey, construct, maintain, operate, repair, replace, control, and use said utility lines and related fixtures and devices, and to remove objects interfering therewith, including the trimming of trees and bushes, and together with the right to use so much of the adjoining premises of Grantor during surveying, construction, maintenance, repair, removal, or replacement of said utility lines and related fixtures and devices as may be required to permit the operation of standard utility construction or repair machinery. The Grantor reserves the right to use and occupy the easement for any purpose consistent with the rights and privileges above granted and which will not interfere with or endanger any of the said Company's facilities therein or use thereof. Such reservations by the Grantor shall in no event include the right to erect or cause to be erected any buildings or structures upon the easement granted or to locate any mobile home or trailer units thereon. In case of the permanent abandonment of the easement, all right, privilege, and interest granted shall terminate. The work of installing and maintaining said lines and fixtures shall be done with care; the surface along the easement shall be restored substantially to its original level and condition. Signed this _ day of April, 2008. By: STATE OF COLORADO COUNTY OF GARFIELD GRANTOR: Rocky Mountain Hotshot & Transportation Inc., a Coloraddtorporation Tiffa, :. Woqd, I resideh The foregoing instrument was acknowledged before me this 11th . day of April, 2008 by: Tiffany D. Wood, President of Rocky Mountain Hotshot & Transportation Inc., a Colorado Corporation. Witness my hand and official seal. My commission expires: June 28 , RETURN TO: Dennis Hansen P.O. Box 4245 fi.rid f.inetinn_ CO 1 502 Si • Notary Public Version: 12/96 3 r • r, 1111 in 11711V911M,141.14111M414 Ili AU�11111 11111 Reception#: 747069 04/221200@ 04:03:30 PM Jean Rlberico 2 of 3 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO JSC, INC. P.O. Box 1153 Meeker, CO 81641 Phone (970) 878-5292 Fax (970) 9795392 PUBLIC SERVICE COMPANY ROCKY MOUNTAIN HOTSHOT AND TRANSPORTATION, INC. EASEMENT LEGAL DESCRIPTION AN EASEMENT LYING IN PARCEL 2 OF THE GREEN SUBDIVISION EXEMPTION IN THE S E 1 /4NE 1/4 OF SECTION 11, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL NO. 2; THENCE NO2°24'45"E, ALONG THE WEST LINE OF SAID PARCEL 2, 14.75 FEET TO A WITNESS CORNER (NO. 5 REBAR WITH PLASTIC CAP LS 27615); THENCE CONTINUING ALONG SAID WEST LINE, NO2°24'45"E, 1089.98 FEET, TO A WITNESS CORNER (NO. 5 REBAR WITH PLASTIC CAP LS 27613), SAID WITTIESS CORNER BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD NO. 221; THENCE N89°39'46"E, ALONG SAID RIGHT-OF-WAY LINE, 4.03 FEET; THENCE S02°48'42'W, 134.13 FEET; THENCE S02°23'09"W, 968.80 FEET TO A POINT ON THE NORTHERLY RIGHT- OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 6 AND 24; THENCE S63°01'54"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 4.07 FEET TO THE POINT OF BEGINNING, CONTAINING 3698 SQUARE FEET OR 0.08 ACRES MORE OR LESS. 1111 11111i Reception#: 747069 04/22J2008 04:03:30 PM Jean Rlberico 3 of 3 Rec Fee $16.00 Doc Fee:0.00 GARFIELD COUNTY CO PUBLTC SERVICE COMPANY ROCK MOINTAIN HOTSHOT AND TRANSPORTATION, INC. EASEMENT IN PARCEL 2 OF THE GREEN SUBDIVISION EXEMPTION, IN THE SEY4NE1'4 OF SECTION 11, T6S, R93W OF THE 6TH P.M. GARFIELD COUNTY, COLORADO /489'39. "E 723.6,. COUNTY ROAD NO. 221 1+189'39 46-E 591.4!' 337.51' L1fJ�OlLTi t-OtAO ai4S5 CAP (Ls 9004) fluSS (LS MOS) vWEWEEN3 utlurr upstOLE GATES aewlcs �`�,.A1FR PO TI M - S Rl>aNi powER POE r/ PLASTIC CAP POLE (1S 27613) PAROL NO. 1 (aREEM 9u1191rvp1 E70]Pr1OM) WHAM N. CASEY (f53:15.11(04 110, 5$3335) COOLS FQ1RE1 N. 5 fiEmoP M/ PLASM CAF (LS 275[5; 056 4, 589'43`35-W 30!.54' WASt7RED 5114'4ei "vf ]O3271 /e111) XcelEnerg PUBLIC SERVICE COMPANY ySM POOR Poll 'M/ .IEfER 1 134.13 POLIER POLL 0,3101ES P'CJS Ma 5 MI* W/ PLASTIC UIP (LS 27{13) PRa' NO224.4VEkRTY L1o1E 91' Of P171iR Pal. ,� •f 1RAPl�Or>fA ;sj4 Pahl � Pa E M COWER :41‘ 00401E5 mow R/P1I15CUP �_` (LS �7i ClOt CP" dPI:4 10 4 W 1►YI PARCEL. NO. 2 (q V1W9id1 EXEWPna11) OVINEft ROCKY MOUNTAIN NOISHOT t TR*SPC TAflt1 WC. (RECEPnall 11a- 7.151471 N '24'46'E 14.75' POIIER 'aE OE1ao7CS COl4E1 BRASS CAP (LS 9009) Ch 0 r - U 0 1 F F L)E1101ES Fa17R0 r40 5 RSR y/ ALI/L1s)i/ CAP (15 SOWS) v'm S 4 E% SECTION 11, T6S, R93W 6TH P.M. 0 75 150 300 SCALE: 1 300' DRAWN BY JSC, INC. DA FE JJ. 04-04- 2008 P.O. BOX 1153 MEEKER, CO 81641 J0B NO. ��8_-21 4 PHONE: (970) 878-5292 FAX: 878-5392 CHECKED BY Nirrilirirreti1E111,101Mi 11111 Reception#: 786192 05/18/2010 12:42:23 PM Jean Alberico 1 of 5 Rec Fee:$0.40 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday the 19th of April, 2010, there were present: John Martin Mike Samson Tresi Houpt Deborah Quinn Jean Alberico Ed Green , Commissioner Chairman , Commissioner , Commissioner , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2010-34 A RESOLUTION CONCERNED WITH THE APPROVAL OF A TEXT AMENDMENT TO AMEND THE TEXT OF §3-301 I, §3-301 J, AND §7-825 A. 1. b. OF THE UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED, TO ALLOW FOR FENCES WITHIN THE FRONT YARD TO BE A MAXIMUM HEIGHT OF EIGHT FEET (8'). PARCEL NO# N/A Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a Text Amendment application from Rocky Mountain Hotshots and Transportation, Inc. to Amend the Text of Article III, Sections 3-301 I and 3-301 J and Article VII, Section 7-825 A. 1. b. of the Land Use Resolution of 2008, as amended. B. On February 24, 2010, by a vote of 4-2, the Garfield County Planning and Zoning Commission forwarded a recommendation of approval to the Board of County Commissioners. C. On April 19, 2010, the Board of County Commissioners opened a public hearing upon the question of whether the Text Amendment should be approved, approved with changes, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Text Amendment. D. The Board of County Commissioners closed the public hearing on April 19, 2010 to make a final decision. E. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1 1111 '♦ PZIA ireV iWriIYirliI TCI 'I 1iy,l 4 111I 111 Reception#: 786192 05f18/2010 12.42:23 PM Jean Rlberico 2 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 1. That the hearings betore the Planning Commission and Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard. 2. That the proposed text amendment can be determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 3. That the application has met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 4. Such use does not create any more hazards to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the District to which it is added. 5. Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is added. 6. The proposed text does not conflict with State statutory provisions regulating land use. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Unified Land Use Resolution of 2008, and identified as its Resolution No. 08-115, as subsequently amended by this Board, shall be and hereby is amended and said language will be incorporated into the codified Garfield County Unified Land Use Resolution adopted on October 13th, 2008 as shown on the attached Exhibit A: fc ADOPTED this 1 1 day of I ATTEST: rk of the Board Ch , 2010 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing R olution w. adopted by the following vote: 2 111!PriPii n 1 1. in"" "101 11ww""Ani hIHI Reception#: 786192 05/1812010 12:42,23 PM Jean Rlberico 3 of 5 Rec Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO .iwin ivlarun Tresi Houpt Mike Samson STATE OF COLORADO )ss County of Garfield , Aye , Nay , Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of _ , A.D. 2010. County Clerk and ex -officio Clerk of the Board of County Commissioners 3 1111rhPYiV,lhili,IVA IirWI411:INM 1111 Reception#: 786192 45!18/2010 12:42:23 PM Jean Plberico 4 of S Rec Fee:$O.00 Doc Fee:O.00 GARFIELD COUNTY CO .AHIBIT A 43-301 General Use Restrictions I. Accessory Structure in Required Yards: (Except as provided in the following Section (J), "Accessory Structures — Agricultural and Commercial General Property", which applies to the Rural, RL (Gentle Slopes / Valley Floor), and DWC zone districts), CG a fence, hedge or wall may be located in any required yard provided that no such installation shall exceed eight (8) feet in height in a required side yard or rear yard, nor shall any such structure exceed three (3) feet in height in any required front yard. (Reso 2009-53) J. Accessory Structures — Agricultural and Commercial General Property: a fence, hedge, or wall may be located in any required yard of the Rural, RL (Gentle Slopes / Valley Floor), Commercial General, and DWC zone districts provided that no such installation shall exceed eight (8) feet in height and shall meet sight triangulation standards. A fence taller than eight feet may be approved by the Board of County Commissioners by obtaining a Limited Impact Review Permit if shown to demonstrate that said structures comply with the following standards. For purposes of implementing this provision, the term "Agricultural Land" as set forth within C.R.S. § 39-1-102(1.6)(a)(IV). (Reso 2009-53) (1) Said Accessory Structure(s) is required to maintain the agricultural or commercial use contemplated or existing within the property; (2) Said Accessory Structure(s) does not in any manner adversely impact the operation of any adjacent public right-of-way or roads; (3) Said Accessory Structure(s) does not adversely impact the natural lighting or visual corridor of adjacent properties; and (4) Said Accessory Structure(s) shall not obstruct critical traffic areas along roadways. 47-825 Accessory Building or Structure A. General Requirements. 1. Location in Rear Yard Setback. An accessory building or structure may be located within the required rear yard setback provided the following requirements are met. a. Setbacks. The accessory building meets the following setbacks. (1) Minimum setback from rear lot line not adjacent to an alley (2) Minimum setback from rear lot line adjacent to.an alley 4 7 1/2' 10' b. Maximum Height of Fences and Hedges in all Yards: (1) All lots not zoned R, RLGS, or CG Front Yard 3' Side and Rear Yard 8' (2) Lots zoned R, CG, or RLGS All Yards 8', unless a higher height is approved by Limited Impact Review. 5 Pri.44I14V,I INII*I.F1111 0 V } 1- 0 0 V 0 J W a o L ai0 am fd CULL O 0 Nd0 RGNO ••N CO - 5,2 O •'1@d' -a e1 mN d� O -I- X 00