HomeMy WebLinkAbout1.02 Proof of OwnershipLake Springs Ranch
Subdivision Preliminary Plan/PUD Amendment December 2025
Exhibit 2 | Proof of Ownership
Exhibit 2a! 1111 W}~.1rM!t'Jkl~~lil1I M~~1t.'-,ull\M I.rt, ~~\~llvi1 11111
09/27/2023 03:52:18 PM Jacklyn K. Harmen l Recepticntl; 989959
1 cf 11 Rec Fee:$63.00 Dec Fee:0.00 GARFIELD COUNTY CO
BOUNDAII.YLINEADJUSTMENT AFFIDAVIT
The undersigned affiants being first sworn upon thereof,depose and state as follows:
1. Berkeley Family, LLLP ("Berkeley") is the owner of the following real properties in the
unincorporated area of Garfield Ccn,Qity:
Property #1 (Parcel No. 218733400107.): Property #1 ~s the real property described at
Reception No. 778210 in the records of the Clerlc and Recorder, Garfield County.
Property #2 (larcel No, 218733300153): Property '1#2 is the real property described in the
following documents, all in the records of the Clerk and Recorder, Garfield County.
Reception No. 462134, Book No. 899, Page No. 796; plus
Reception No. 778209 (correction deed for deed at Reception No. 462134); plus
Reception No. S16346, Book No. 1042, Page No. 142; plus
Reception No . .SS3S69, Book.No. 1155, Page No. 27; plus
Reception No. 602871, Book No. 1352, Page No. 765; plus
Reception No. 828748; plus
Reception No. 8287S1; minus
Reception No. S96126, Book No. 1322, Page No. 977; minus
' Reception Nq. 604779, Book No. 1360, Page No. 682 (~on deed for deed at Reception
No. 596126); minus
Reception No. 602872, Book No .. 1352, Page No. 766; minus
Reception No. 828749; ~us.
Reception No. 9S5848.
,,
! 11111i1r_.~l(rJ1MH~,V'Mwf ~l'Y.~l1'1.Vffl ~"~llli 11111
, Recept~an#: 989959
I 09/27/2023 03:52:18 PM Jacklyn K. Harmen
2 af 11 Rec Fee:$63.00 Doc Fee:0.00 GARFIELD COUNTY CO
\
2. Berkeley is desirous of adjusting the boundary lines of Property #1 and Property #2 and
signs this Affidavit in accordance with the Garfield County Land Use and Developmeo,t
Code.
3. Berkeley~ to a(ljust the boundaries of Property #1 and Property #2, The land being
removed from Property #1 and added to Property #2 is descn"bed in Exhibit A. Bxlu"bit B
contains the legal description of Parcel #2 after the boundary Jine adjustments. The land
being removed from Property '#2 and added to Property #1 is descn"bcd in Exln'bit C.
Exhibit D contains the legal description of Parcel #1 after the boundary lines adjustmen1B.
4. We ·hereby represent that no new parcels or lots will be created and therefore, that
Garfield County will not be ~ to i!ISUC any building permits, other than what it
would be :required to issue for the already existing parcels or lots.
s. We hereby represent 1hat none of the parcels or lots involved in this boundary line
adjustment are part of a previously platted subdivision of lCCQrd. If one of the lots to be
IIDllmded is a lot in a previously recorded subdivision, then a Final Plat Amendment is
-n,quiled which is more fully defined in article 5 of the Garfield County Land Use and
Development Code.
6. We hereby represent that the boundary line adjustment made reference to herein will not
cause the loss of access by road or to utilities, to any parcel or lot involved.
7. We h,ereby represent that the boundary line adjustment being made wiU not result in any
of the parcels or lots involved being less than the minim.um lot si7.e in theinpplicable
zone district allowed as a result Qf the boundary line adjustment or create any non-
conforming setbacks for any existing structures.
8. We ·hereby represent that a copy of the Affidavi_t will be recorded with the Garfield
County Clerk and Recorder.
FURTHBR.AFFIANTS SAYBTH NOT ..
DONE this /). I -; +-day 9f '1 2023
BERKELEY FAMILY LLLP
By.]11~6-Jt?r
Miriam Berkeley, Gc;neralJiartn
111111~.,~\,.l-':tl.l~f.~ 11,·~ u,i;,1-N ·''w!•ij 'r\lri'I~ ~ .. llrlA 11111
Reception~: 989959
09/27/2023 03:52:18 PM Jacklyn K. Harmon
3 of 11 Rec Fee:$63.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF -roos )
) ss
COUNTY OF 11Jy-\-1efw\) •
The foregoing document was subscnl>ed and sworn to before me this '2 \ s. ..\--day of
~ffi'«t2023, by Miriam Berkeley, General Partner of Berkeley Family LLLP.
Witness my hand and offici~ se,i. J
My commission expires: !Jw+D L,; 2.-k
1111 wip .. ~~1~•~~1 rt~.1¥)1'-kR t ~..r•• r1tM. t~ ~. 1w. 11111
Reception#: 989959
09/27/2023 03:52:18 PM Jacklyn K. Harmen
4 of 11 Rec Fee:$63.00 Dec Fee:0.00 GARFIELD COUNTY CO
1
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!XIIIBIT A -r.A.'!D llDm:D TP PllRCEL 110. 2187 33301053
A :nw:t or WD srroAIED IH TIIE ~ c.tmRI-J. O:" SECTION 33, IOiiNS!II!' 6 SOUil:I, lWIGE
98 WEST OF '?llE SJ:XTI! PRI!ICIPAL l!ERIDIAII, CXKmJ:Y OF GJRFIEJ.D, STAlE OF COLD3i'IDO, TO 'il'IT;
CDHll!JICIIIG AT I'III!: lilORIIIZAST CORllER 0F TE SOllillEllST (lU1dlIER 0F TllE SAID S!!CIIOH 33,
!ll!,1llEN1ED 'll,Y A romm 2IN. DIA. lROII PIPE WITR 2.SIN. BRASS CAP PELS 5933, FllllM -CE IBE
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SURIIEYOR (1!1171, BEA.'IS II 88"26'25• N, 1256.17 FEET MSTA?II, WIIII ALL BEMUNGS CO!IIAINED
IIER!DI m.ATIVE 'Im::REIO: IIIIIICE, !I BB"26'25" Ii, AI.CHS THE IIDRIB!RLY ao=.'I.Y LIIIE or 'Illl!:
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m:JNG TllE: 'I1lllE POINT OF BEGI!IHD,G;
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lllEIICE, DEPARIING fmlM IIIE A."ORESAID Cotll'!SE ARD ALO:iG IIIE SAID il"lSnlU.Y RIGl!I-DF-WAY LINE,
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Reception#: 989959
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re;;r1 :0 A l'Oill:t DE' ~•
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214.!0 !'Eal :0 A FIIIr. CE' ::l'.llZIIC'z •
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220. 30 l'IZTI :0 A l'0Dn" OF .D!l"..lla;
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11!1!:!le!: TB& IIOill&EST ~ =F, ~ BY A EOtill!I ZillCI! el!ASS OP s:i:: I!f IUlCIC -F-1.5 59U, ElltS Ii er2e•2r ll, €08.20 !!U
Dilll:1lr.:
■Ill JN~.1Mt~/bf1W~l¥1~ 11.-.r~11-.,1>&1r.-f.Ull!I l-\.~l llii'~1 11111
Receptiontt: 989959
09/27/2023 03:52:18 PM Jacklyn K. Harmon
6 of 11 Rec Fee,$63.01'1 Doc Fee,0.00 GARFIELD COUNTY CO
TS5JIC!:, l%PIL'lT!!I>:; ncM TE MOXE:SAID ~...;;TEBLY ailll!:;:"-OF-'i!LT = 0!' !0-!'007--tr.:m: Glll:'IEl:lJ CDtll,"Tlr l!OAll llO. 1~4, l\ll!I ll.!.0!iG TE& =
ilOOllllllll.Y I.Ill?: Q!' 'Ill!: lm."EEASl" Q:il!RTE!il QF ".m: 50'CIIIID5'! = O? IHi: SlUII 3Ea!~I 33, 8 ea•zt•u· E, 1. DI!.:!1!,"CZ or e4'1.9? !Bl' TC Pill
US. QUll..'ll'E!il C'71!19 or TIIE !Aill 9:CTIOS u, Sl'.ID CO!IW-R MD!i1ll!!lJ'IEl llT ii. mlllm ,, I!iC.11 I!ID!I Ell lillll! :.t.5IN. AU.Or GP J!YIXEO ;EtS 5913,
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IS omGilI!ED OE" !., !1741, 4.16 ~ ft:E'Z', (203. 719 .I.CIESI, J!Oe. C:i. i.ESS ..
1111 W,1r_.rt11'/~M\ W.IUM'1kl:~&1i'.i~IIM ~llw.11111
Receplionij: 989959
09/27/2023 03:62:18 PM Jacklyn K. Harmon
7 of 11 Rec Fee:$53,00 D00 Fee:0.00 GARFIELD COUNTY CO
----------------. -------
EXIIIBII C J.!Glll. IESCRIPIIOR
A IRACT OF IJIHD SIIOA..TED IR PA.'tI or GOV!RIIIIEJII LOIS 5, 7, B Jl!ID 10 IR IBE NORIBEASI QUAR'I!R OF SECTION 32, JIIID
LOIS 11, 12, 14, 15 AND 16 IR SECTION 33, ALL .IR IOWNSBIP € SOOTS, RA!iG.E 88 WEST OE THE SIXTH PRINCIPAL HERII>IAH,
COIIHIY OF Gll!'IELD, STAIE OF COLORADO, IO WII:
COMHENCING AT Ill£ SOUIBEASI CORNER OF THE SAID SECIION 33, MO!IDHENTED BY A FOlJRD 2-INCS IRON PIPE WIIH
3. 75-INCS BI.H ·eRASs CAP; IHERCE, •
R n•49•1e· Ii', ALONG rm: sotJIIIERLY BOUNDA!I.Y LDIE OF IHE SOOIIIEASI QUARTEB. OE' Ill£ SAID SECIION 33, A DlSIAHCE OF
2H2.73 E'EEI IO IS!: S01!Tll QUARIER CORNER OF 'IBE SAID SECIIOOI 33, IHE SAID CORHER MOHllHENIED BY A FCllllilD 5/8 IRCll
IRON PIR WIIH 2. 75 DICH ALLOY CAP M:IRKED PELS 5933 (1996), WIIH ALL BEARINGS CONTAINED HEREIN RELATIVE IHEREIO;
THENCE, DEPARIING FRO!! Till!: AFOllESAID COURSE, H 47"26'05" W, A DISTA!lCE OF 5122.51 E'EET IO DIE RORilliiESI CORNER
OF GOVElWHENT LOI 5, 51'"...CIION 32, AS DELINEUED OR THU GL0 PLAT llll.IED 29 AE!RIL, 1893, IHE SAI.D CORm:R
HONUHl!:NIED BY A FOlllllD 2.5 Il!ICH IROR PIPE WITH Z.75 INCH BRASS CAP MA..11KED GARFIELD COllliIY SURVEYOR (1977), Ill£
SAID CORNER BEING THE ?RUE POINl OF BEGINNIIIG;
THENCE, ALOHG IRE IIQRTI!ERLY BOUNDARY LINE Ol!' GOVERNMENT LOIS 5, B rum 7 AND IHE SOUTHERLY BOUllDARY LINE OF IHAT
IRACI OF JJIHll DESCRIBED UNDER·RECEPIION !llllMll!R 686804 IN IRE PUBLIC ilECOilDS OF THE SAID CotllfIY, S 88°31 129. E,
A DISINICE OF 2696.02 FEET TO IRE NORTHEAST CORNER OF LOT 7, THE SAID COR!IER HOmlMENTED BY A FOUND l.5-INCH
IRON l?IPE WIIH 2. 75-.IIICH BRASS CAP MARKED GARFIELD CCllllilIY SURVEYOR 11977);
THENCE, DEPARTING :l!'ROM IHE AFORESAID COURSE, ALONG THE EASIERLY BOllRDARY LINE OF THE SAID .LOT 7, S 01 "57 1 41" W,
A DISIANCE OF 838.27 FEET TO IRE SOUIHEAST CORNER ?HEREOF, IIIE SAID· CORNER MOIIOMENTED BY A FOUND 2.5-INCH IRON
PIPE WIIa 2.75-DICH BRASS CAP HAIUCED GARFIELD COllNTY SllltVEYOR (1977);
THENCE, DEPARIING FROM IE AFORESAID C0URSE, ALONG THE NORTHERLY BOtml)ARY LINE OF GOVERlllH!NT LOI 1l OE' IIIE SAID
1893 GLD SORVEY, S ee•57•12· E, A DISTANCE OF 19.84 FEET T0 THE NORIHliEST COlUIER OF IBE NORIHEAST QllARIER OF
THE SODI!liiEST QUARTER OF THE SAID SECTION 33, THE SAID CORNER KomJ!IEHIED BY A E'OUIID S/8-DICH IRON PIH WITH
2.0-INCH ALLOY CAP Hll!UCED PELS S933;
IHEHCE, DEPARTING FROM Tfil: AFORESAID COtlilSE, ALONG IRE NORIIU:RLY BOllNl)ARY LIIIE OF IRE SAID LOT 11, S 88"25'52"
E, A DISTJINCE OF 1034.;!6 FEE? TO THE NO!t.IllllESI CO!l!IE!l OF THAT TRACT OF LAND DZSCRIBED ONDER RECEPTION IIOKBER
778210 IN TIIE :etJBLIC RECORDS OF IBE SAID COtJNTY, IliE SAID CO!WIR l!lom!lENIED BY A SE! 5/8 INCH IRON PIN WITH
YELLOW PllSTIC CAP HARBED PLS 23875, FROM WHENCE IHE CENTER 'QUARTER CORRER OF IRE SAID SECTION 33 BEARS S
88"25'52" E, 58.17 FEET DISIANI, THE SAID QUARIER CORNER MOffiJMENIED BY A FOOND 2 INC.ll IRON PIPE WIIH 2,75 INCH
ALLOY CAP HARKED GAil!'!ELD COtlHIY SURVEYOR (1977);
tllENCE, DEPARIIRG ·raos IllE ~ORESAID COURSE AND ALONG THE liiESIEIU.Y BOUNDARY LINE OF Il!E SAID IRACI' IBECEPIION
NIJMBER 77821!)), S 01•3,•01• Ii, A DISTMICE OF 1014.11 FEET IO IRE 5011Tl!iiESI CORNER Il!EREOF, 'I!fE SAID CORNER
HONOHENIED BY A SET 5/B INCH IRON PIN WIIll YELLOW PLASTIC CAI? HAlOO!:D PLS 23875;
THEIICE, DEPARTING i"ROH THE AFORESAID COURSE AND ALONG THE SDllTm:RLY BODNDllltY LIIIE OF THE SAID TRACI [RECEPTION
NllMBER 178210), S sa•25•5g• E, A DISTANCE OF iD34.16 FEET TO ITS INI£RSECTION Willi THE WESTERLY RIGHI OF WAY
LIN:: OF 80.00.-:rOOT,-WIDE ROADHAY IO BE DESIGl!AED AS GA.~ELD C001ITY ROAD llllMIIER 114;
THEIICE, DEPllRTING FRO!! IRE AFORESAID COURSE AIID ALCIIG THE li'ESIERLY RIGHI OF WAY LINE Ol!' THE SAID GARFIELD
COU!rrY ROAD NOMBER 114, 264.59 FEEI ALONG IRE ARC OF A CIRCULAR CURVE:, IDRNING TO XHE RIGlil' lfflOSE RADIOS IS
660.00 FEEI, (LONG CIIORD BDllS S 45'45'17" W, 262.B2 EEEII IO A POINT OF TllNGENCY, THE SAID CORNER MONOMENIED
BY A SET 5/8 INCH IRON PIN IIIIB YELLOW PLASIIC CAP MARKED PLS 23815;
?HENCE, DEPARIIliG FROM IIIE MORESAID COURSE AIID ALOHG IKE IIESiERLY RIGHI or WAY LIHE OF IRE SAID GARFIELD
COllllIY Ro:.D Rll!ISER 114,
S 57•14•zz· 'll', A ilISTAIICE OF 165.9S FEET IO A l'OINI OF CllRW..TllRE, TSE SAID CORIIER HONU!IZNIED BY A SET 5/8 INCH
IRON PIN WIIH YELLOii' PLASTIC CAP MARKED PLS 23B15:
l'IIENCE, DEl'All'IING FRO!! l:IE AFOIIESAID COOllSE lUID l!LOHG 'IRE ~TElU.Y RIGIII OF WAY LINE 0: IIIE SAID GAR.IUD
COll!IIY ROIID llo"UMIIER 114, 49.86 FEET llLONG IRE ARC OF A CIRCOLAR COllVE, 'IlllUIIl!G IO IKE I.EFT, WHOSE RADiliS IS
6SO.OO n:ET, (LONG CllQRD BEARS 5 55"10'11" W, 49.85 FEE'II IO IIS INI!IISECIION WITH IRE CENIERLINE OF IHAT
60-l!'OOT-IIIDE P<IESCRIPTI'ilE DSEKENT DE5IGllAIED AS GltRFIELD CCJONTY ROAD NOHSER 119, THE SAID COil!IER HCIIOHEIITED BY
A SE? 5/8 INCJI IRON Pm WI'Ili YELLOW PLASTIC CAP MARKED PLS 23875;
( IIII IJP.1rftl-1: 'AIH.~l'll,.¥rl h-l~•I iJ1Mi¥Ml~~iw. 11111
, Recept.ianll: 989959
1 09/27/2023 03:52:18 PM Jacklyn K. Ha~mon
I 8 of 11 Rec Fee:563.00 Doo Fee:0.00 GARFIELD COUNTY CO
......._ __________________ ------·-____ __,.
IBEIICE, DEl'ARrDIG n!l!I IHE A!'ORESA[D COORS!:, ALOIIG IIIE CEllIE!I.LI!iE or 'IIIE SAID 6D-!'OOI-'llIDE PRESCRIPIIVE
EASEIIEllf DESIGIIAIED AS GAR!'IELD COUNilr IIOAD IIUHBEl\ 119, IBE ?OLLOIIIIIG SIXIEEN (161 COIIRSES, IIIrH IBE BEGnmING
ll.llD END or EllCII COUIISE ll!'l!:!IENCED RESTEIILY AND 50UIBERLY 3.0. DO l'.EEI OH IHE WESTERLY llllD 501lIIIERLY RIGHI•OF•IIAY
L1NE OF SAID EASEl!ElfI BY A SEI 5/8-IHCH IRON l.'IN IIIIH 1 .• 25-IIICB lll.t.OY Clll.' IWIICED 'WC' PLS 238'7!;
11 II 37°29'24" II, A DISl'l'JICE or 6?,32 !'!EI IO A .l.'OIIII CF c:utM1.Tlm£1
2.1 119.13 FEET ALOIIG TIIE ARC CF A CIRCULAII CURVE, tum!IIIG IO THE LEFT, liHOSE RADIUS IS 185,00 FEEI, (LONG
CHORD BEl'l!IS N 65'13'43" If, 172,21 FEEII TO A l'DillI or TA.tq&ENCr;
3J S B7"01'58" w, A DISIAIIC.: er 897.82 FEEI IO A POIIII .or CURVAIIIRE:
41212.U FllT ALONli Ill!: ARC or A CiactlLAR CUii.Vi!:, I1lllllINli IO IIIE RIGBI, 111105£ RADIUS IS 185.00 FEET, (LONli
CJ!OiU) BEARS N 60°04'04" II, 200.117 FEEII IO A li'CINI or Tll.llGENCi;
SJ 11 27°10'06" w, A DISilWCE or 853.08 r= IO A POINI OF CIIRVll'llllE:
61 346.12 iEEl" llL0Nli rm: A11C OF A C[RCUUR CURVE, 71llUlIIIG ro Ill£ RIGHI, lillOSE RADtllS IS 1000.00 FEET, (LONG
CHORD BEllllS N 11•15•10· Ii, 341.39 FEEII IO A l.'OillT or 7ll.llG!NCI:
71 JI 07°20"14" 11, A DISIA.'ICE or 311.07 ru:r IO A POI!it or CUP.VADJRE:
8J 162.40 FEET AI.OllG IBE. ARC or A CIRCIIUR CUP;VE, tum!ISG IO IIIE LEFT, 111105£ l!ADIUS IS 600.00 FEEI, (LONG
CHORD BEA.119 !I 15°05'28" W, 161.9D FttII IO A l'OIIII OF 7ANG:l'ICII
9) JI 22°50'42" 11, A DISIAHCE OF 160.93 !'£EI IO A PODII OF CURVAIURE:
lOJ 246. 76 FEEI ALOIIG .THE ARC OF A CIRCULAR CUR'IE, TVRNING IO 7HE LEFI, WHOSE RADIOS IS 200.00 RET, (LO!IG
CJIO!tD IIEAJIS N. 59•11•n· ll, 231.U !'!Ell IO A l.'OINI OF 7ANGEIIICI:
111 S B6"27'C5" ii, A DISIAIICE Ol!' 375.27 RIT 70 A l.'OIIII OF CURVAttr.tE:
12) 171.11 nu ALOIIG TIIE ARC 0!' A C[RCVLAR Clllt'IIE, tllltlllNli IO :rm: RIGBI, llll0S£ IIADIIIS IS 185.00 n:u, (LONli
CBOllD BEAR9 II 67'02'26" II, 165.08 !'IE?) IO A li'CINI OF ?ANGENCY:
131 N 4D 0 32'3B" II, A DISTAJICE OF 66.H FEEI IO A POillT OF CllllV.:umll;;;
141 127.54 FEET ALO.'IG TIil!: ARC OF A CIRCULAR COR'IIE, 'IlllWINli IO :tm: LEFI, WHOSE RADIOS IS 200.00 i"EEI, (LoilG
CBOllD BEARS !I 58°48'44 w, 125,119 FEEIJ IO A POINI or COl!POUND CJIRVAillU: •
151 458,04 n:ET ALO!IG IRE ARC or A CIRCULAR COHP01lRll Cllil'IIE, 'I1lll!IING TO IIIE LEFI, W!l0SE RADIUS IS 2.529.93
F£EI, (LOl:G CHORD BEAltS
N IIZ"l6'03" 11. 457.41 FEEII ro IIS INt:EltSECIIOR IUIB A POINT JO.DO FEEI S01lTIIElU.Y or IIIE IIORTIIElU.Y 501lllDA1\I
LIRE or IBE SA[!) I.0'I 5;
HI N 89'31'29" II, 30.00 l!'EEI S01II!IE.'ILY OF AND PARALLEL IO II!£ IIORIHERLY B01lllDARl' LlllE or IllE SAID LOI 5, A
D[STll.'lCE CF 1127. 63 FEEI ro IIS INIEltSECIIOII lilIB IBE llESTilU.Y ilo= LU.: or IRE SAID GOVDUIIIENI LOI 5;
IR ENCE, D!PARrIIIG FRO!! IllE MORESAID COURSE, ALO!:li 711£ llESlEIILY BDOllllAllY LIi!!: OF IBE SAID liDVERIIKINI 10I S, N
01 • 43 '16" E, A Dl511JIICE or 30. 00 l:EEI ro IBE l.'Olll'I OF BEGilmIHG.
IRE SAID nACI OF LAllD IS CO.'IPllISED or 1,722,5'1 sou.ma: n:EI (39.54 llCRESI 110~ OR u:ss.
, ■Ill lJr.111\'i~ «if\l'J. Ni~ Mr',J1kW ,I ~\l~~.MIM:lr•liiM II II l Recept!anff: 989959
09/27/2023 03:52:18 PM Jacklyn K. Harmon
9 cf 11 Rec Fea:$63.00 D00 Fee:0.00 GARFIELD COUNTY CO
-------------------
EXHIBIT D -LEGAL DESCRil?TION
A Tl!ACT OF LAND SI'1:t1ATED IN PART OF GOYER!iMENT LOTS 5, 7, 8 .l!lll) 10 DELINEATED ON THAT GOVERNMENT LAND SURVEY
.DATED 29 APRIL 1893 IN 'l:HE NORTHEAST QtT/!R'l:ER OF Sf!C'UON 32 Jl!ID L0TS 11, 12,14,15 JINll 16, AND THE !iORrllEAST
QIIARTER OF THE SOll'rHEAS'r Qt1ARTl!:R IN SECTION 33, ALL IN 'rOliNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIX'l:H PRINCIPAL
MEl!.IDIJIN, CO!JN1'Y OF GAaFIELD, STATE OF COLO:RllDO, 'l:0 WIT:
COMl!EHCING AT 'l:HE SOUTHEAST CORNER OF 'l'HE SAID SECTION 33, MOIWMEHTED BY A FOUND 2-'INCH IRON PIPE WITH
3. 75-INCH BLM BRASS CAP; THENCE,
N 89"49'18" W, ALONG THE sotrl:HEl!LY BOll?IDARY LINE OF Till: SOUTHEAST QUARTER OF THE SAJ:Il SECTION 33, A DJ;STANCE OF
2682.73 FEET TO THE SOUTH QtrAP.TER CORNER OF THE SAID SECTION 33, THE SAID CORNER MOIIUMENTEII BY A FOlJND 5/8 INCH
IRON PIN WITH 2.75 INCH ALI.OY CAI.' ~.ARKED !.'.:LS 5933 (19961, WITH ALL BEARINGS CONTAINED !!EBEIN RELATIVE THERETO;
THENCE, DEPARTING FROM THE AFORESAID COURSE, N 47°26'0SP W, A DISTANCE OF 5122.51 FEET TO THE NORTHIIEST CORNER
OF C)iOVElUIMENT 1.0T 5, SECTION 32, AS DELINEATED ON :J:HAT GLO PLAT DATED 29 APRIL, 1893, THE SAID CO!lN!R
MONIJME!ITED BY A FOllND 2.5 INCH IRON PIPE WITH 2.75 INCH BRASS CAI.' MARKED GARFIELD COUNTY SURVEYOR C1977J, THE
SAID CORNER BEING THE TRUE POINT OF BeGINNIHG;
Tf:IEHCE, llONG THE NORTHERLY BOllNI)ARY LINE OF GOVERNME!IT LOTS 5, 9 AND 7 AND THE SOUTHl!RLY BOUNDARY LINE OF THAT
TRACT OF LAND DESCRIBED UNDER RECEl?TIOl!I' NlllfflER 686904 IN 'l:HE Pt1BLIC RECORDS OF THE SAIII COUNTY,
S 99°31'29" E, A DISTANCE OF 2696.02 n:f;'r TO THE NOR'Ti!EAS'J: CORNER OF LOT i, THE SAID COlUIER P.DNlll!EN'.rED BY A
F0UJID 2.5-INCH IRON l'Il?E Wl'J:H 2-75-INCH BRASS CAP MARKED GARFIELD COtlN'l'Y SURVEYOR (19"1"1) i
THENCE, DEPARTING E'R0M THE AroRESAID COURSE, ALONG TE l!!ASTEl!LY BOONDARY LINE OF THE SAID LOT 7, S 01 • 57' 4l p If,
A m;sTANCE OF 838.27 FEET TO THE SOIJTIIEAS'J: CORNER 'IHE:REOF, nm: SAID CORNER MONUMENTED BY A l!'OUND 2.5-INCH IRON
PIPE WI:rH 2. 75-:rnca B:RASS CAP MARKED GARFIELD com.,:l( SIIRVEYOR (1971) ;
THENCE, DEPARTING FROM THE AFORESAID OOtJRSE, ALONG THE NORTHERLY BOUNDARY LDIE OF ~ LOT 11 OF THE SAID
1893 GLO SURVEY, S 99°57'12• E, A DISTANC!: OF 19.94 !'Eli:T TO THE ·NORTHWES:J: CORNER OF T.IIE NORTHEAST QUARTER OE'
THE SOUTHWEST QUARTER OF THE SAID Sii:C'l:ION 33, THii: SAID CORNER MONUMENTED BY A FOUND 5/8-INCli IRON PIN WITH
2. 0-INCH ALLOY CAP MA..'IUCED PELS 5933;
THENCE, DEPARTING !'ROM THE AFORESAID OOURSE, ALONG THE NORTHERLY BOlJNDARY LINE OF TllE SAID LOT 11, S 99•25•52•
E, A DISTANCE OF 1092.43 FEET TO THE NORTHEAST CORNER THEREOF AND 'J:BE CENTER QUARTER COBNER OF THE SAID SECTION
33, THE SAID CORNER MOHUJ!EN'J:ED BY A FOUND 2_.5-INCH IRON PIPE WITH 2,75-INCll BQASS CAI? l!l'iRKED GARFIELD COUNTY
SURVEYOR (19771 /
'!:HENCE!, DEPARTING FROM THE! AFORESAID couasi;:, ALONG TBE NORTHERLY BOUNDARY LINE OF LOT 12 OF 'J:HE SAID 1893 GLO
SURVEY Jl!ID THE NORTHEl!LY BOUNDARY LINE OF 'l:!!E: SOUTHEAST QUARTER OF THE SAID SECTION 33, S 88°25'45" E, A
DISTANCE OF 1255-65 FEET TO 'l'HE Nom:m:AST CORIIER :rll=OF AND THE NORT!lliEST CORNER OF THE h"OR'l'HE!AST QUARTER OF
THE SOUTHEAST QUARTER OF THE SAID SEC'l:ION 33, THE SAID CORNER MONUMENTED BY A FOlJND 2.5-INCH IRON PIPE WITII
2. 75-INCR BRASS CAP MAREED GARFIELD COIJh"'l:Y SURVEYOR (1977);
THENCE, DEPARTING FROM THE AFORESAID OOll!ISE, ALONG THE NORTHEl!L'l BOIJNDMtY LINE OF 'l:HE NORTHEAST QUARTER OF THE
SOUTHEAS'I: OUAR'l:ER OF THE SAID sec-J:I0N 33, s 89°26'25· E, A DIST.ll!ICE OF 608.20 FEET TO ITS INTl!:RSECTI0N WITII
WESTEl!LY RIGIIT-OF-WAY LINE FOR GARFIELD COON:J:Y ROAD NllMBEl\ 114, THE SAJ:D POINT OF INTERSECTION JWNUMENTED B'l A
SET 5/8 INCH IRON PIN WITH YELLOW PLASTIC CA=' w.RltE:D l?LS 23975, !'ROM WHENCE THE EAST QUA.~TER CORNER OF THE SAIII
SECTION 33, ~EII BY A FOUND 2 ll:CH IRON PIPE WI:rH 2.5 INCH BRASS CAI? MARKED PELS 5933 Bl!:ARS N 88°26'25•
E, 647.98 ~ DISTANT;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALO!,,'"G THE WES'l:ERLY RIGHT-OF-WAY LINE OF THE BO-FOOT-WIDE
GARFIELII COUNTY ROAD NOMBER 114, THE FOLLO-lfING Th'ELVE (121 COURSES, WITH THE BEGINNING llND ENil OF EACH CODRSE
.KomJMENTED BY A SET 5/B-INCH IRON Pnl' WITH YELLOlf l'r.ASTIC CAl' JIIIRltED PLS 23975:
1111 W}~.,M:l ~1\ll1~rm r-.\•~~~n~,~y ~l 111ffi:iwi 11111
Reception#: 989959
09/27/2023 03:52:18 PM Jacklyn K. Harmon
10 of 11 Rae Faa:$63.00 Doc Fee:0.00 GARF!a.D COUNTY CO
·1) S 40°45'34" W, A DISTANCE OF 257 .90 FEET TO A PODl'I: OF CURVATORE;
21 20.33 FEE:T ALOl>'G :l:HE ARC OF A CIRCllLAR CURVE, :rtmNIIIG :ro Tlil: RIGHr, WHOSE IUIDIUS IS 3960.00 FEE'r, (I.ONG
CHORD !!EARS s 42°21'12" w, 220.3.0 n:E'EJ TO A POINT OF 'tANGENCY;
31 s 43°56'50" w. A DISTANCE OF 1114 .24 FEET ro A POINT OF CORVA'rURE;
41 31.19 FEET ALONG Tl!E ARC OF A CIRCULAR CURVE, 'rURNING TO THE RIGHT, WHOSE RADIOS IS 960.00 FEET, (I.ONG
CHORD BEARS S 44°52'36" W, 31.19 l!'EE"r) "rO A POIN'"r OF TANGENCY;
51 s 45°48'31" w, A DIS'El\N'CE OF 161.63 FEE:T TO A Ponrr OF CIJRVA:l:URI!:;
6J 91.60 FEE"r JILOlll'G "rHE ARC OF A CIRCULAR CURVE, TllRNil!lG 'tO THE RIGH:I:, WHOSE RADIUS IS 860.00 FEET, (I.ONG
CHORD I!~ S 48°51'37" W, 91.56 n:ET) "r0 A POINT OF TAIIIGEIICY;
7) S 51°54'40" W, A DISTANCE OF 50.15 FEEr TO A POINT OF CURVA:l:URE;
BJ 215. 77 l!"Ef:T AI.O!IG TllE ARC OF A CIRCULA.'l CURVE, WIINING TO THE LEFT, liHOSf: RADIUS IS 6!,10.00 FEEr, it.OUG
CHORD BEARS S 42°57'09" W, 214.90 FEET) TO A POD,,: OF TANGENCY;
9) S 33•59•39• W, A DISTA.1«:E OF 136.05 FEET TO A POINT OF CURVATURE;
101 267.77 FEET AI.ON'G THE ARC OF A CIRCULAR CURVE, 1'URIIING TO THE RIGHT, WHOSE MDIOS IS 660.00 FEET, (I.ONG
CHORD !!EARS S 45°37'00" Ill, 265.9.4 RE'r) TO A POINT OF TANGENCY;
111 S 57°14'22" W, A DISTANCE OF 165.99 FEET TO A POINT OF CURVATURE;
121 49.86 l"Ell:T ALONG THE ARC OF A CIRCIJI.AR CURVE, TORN'ING TO THE LEPT, WHOSE RllilIUS IS i90.00 FEf:T, (I.ONG
CHORD !!EARS s ss•10·•11• w, 49.85 FEE:T) T0 ITS lllTERSECTIO!I WITH THE CENTERI.IIIE OF THAT 60-FOOT-WIDE
PRESCRIPTIVE !:ASDEEIIT DESIGNATED AS GJUIFIEI.D COUNTY ROAD IIOMBER 119;
TIIENCE, DEPARTING FROM 'l:Hf: AFORESAID COURSf!, AI.ONG 'l:HE CENTERLINE OF THE SAID 60-FOOT-WIDE PRESCRIPTIVE
EASEHE:NT DESIGNAn:Il AS GARFIELD COUNTY ROAD NUMBER 119, THE FOLLOWING SIXTEEN (16) COIJRSES, WITH THE l!EGI.IINING
AND EIIIl OF EACH COURSE IIEFERE&;CED iiESTERI..Y lllilD SOUTBERI..Y 30. 00 FEET OIi THE WESTERLY AND SOUTHERLY RIGHT-OF-WAY
I.IN'E DF SAID EASEM!!NT BY A SET S/8-INCI! IRON Plll NITH 1.25-INCH ALLOY CAP lfAREED •we• 1':t.S 23875:
lJ II 37°29'24" N, A DISTANCE OF 61.32 FEET TO A POINT OF CIIRVATURE;
2) 179.13 FEET ALO!IG THE; ARC OF A CIRCULAR CORVE, TllRHING TO "rHE LEF:r, WHOSE .RJlDIUS IS 18:5.00 FEET, (I.ONG
CflORll BEARS N 65'13'43• W, 172.21 fi:ET) TO A POINT OF TANGENCY;
3) S B7°01'58• W, A DISTANCE OF 897.82 FEET TO A POINT OF CORVATURE;
4)212.46 FEET AI.ONG 'THE ARC OF A CIRCU"..AR C!IRVE, TIJRIIING TO THE RIGHT, WHOSE RADIUS IS 185.00 FEET, (I.ONG
CHORD m:A..'tS N 60°04'0'.ln Ii, 200.97 FEETI TO A POINT OF TANGENCY;
SJ N 27°10'06" N, A DISTJINCE OF 853.08 FEE"r TO A POINT OF CtlRVATtlRE;
6) 346.12 ·FEET z.r.0NG 'l:BE ARC OF A CIRCULJ;R CURVE, TlltmING TO THE RIGHr, WHOSE RADIUS IS 1000.00 FEET, (l.OJ,IG
CHORD l!EAJIS II' 11°15'10" W, 344.39 FEET) TO A POINT OF 'l"AHGENCY;
7) N' 07"20'14" W, A DIS:cANCE: OF 311.07 l!"EET TO A POINT OF CURVATURE;
8) 162.40 FEET AI.01;:G THE ARC OF A CIRCUI.AR CURVE, TURNING TO THE I.EFT, NIIOSE RADIUS IS 600.00 FEE"r, (I.ONG
CHORD BEARS N 15"05'28" 'ii, ·161.90 FEET) TO A POIN'I OF TANGENCY;
9J N 22°50'42" W, A DISTANCE OF 160.93 .E'EET TO A POINT OF CURVATURE;
10) 246. 76 FEE"r llI.ONG THE ARC OF A CIRCULAR CURVE, TDRNIIIG TO THE I.EFT, lll!OSE R.r.IlIUS IS 200.00 FEET, (I.ONG
CHORD !reARS N 58°11'29" W, 231.41 FEET) TO A POINT OF TWGENCY;
11) S 86°27'45" W, A DISTANCE OF 375.27 liEET TO A POINT OF CORVATURE;
12) 171..11 FEET AI.QNG THE JlllC OF A CIRCOLllR CURVf;, TURNING TO THE RIGRT, 'liHOSE RADIUS IS 185.00 FEET, (LONG
CHORD BEARS N 67°02'26• W, 165,08 n:ETJ :1:0 A POINT OF TANGENCY;
13) N 40"32'39· w, A DISTANCE OF ti6.44 !'EET TO A Pomr OF CURVATURE:
14) 127 .54 FEET JII.O.'{G THE ARC OF A CIRCULAR CURVE, TtlR.'fING TO 'l:HE I.EFT, WHOSE RllI>ItlS IS 200.00 FEET, II.ONG
CHORD BEARS 11 58°48'44" w, 125.39 FEETJ :ro A POINT OF COMPOUND CURVATURE;
15) 458.04 FE£'l' AI.ONG THE: .IIRC OF A CIRCULAR COIG'OUND CURVE:, TURNING TO THE I.EFT, ffl!OSE: MDIUS IS 2529.93
E'EET, (I,OMG CHORD BEABS
N 82"16'03" N, 457.41 FEET) TO ITS Dl'EERSECTIO!I WITH A POINT 30.00 FEET SO!lTHERLY OF THE :NOR'IHERSI.Y BOIJNJ)ARY
LINE OF· THE SAID I.OT S;
161 N 88°31'29" K, SOUTBZIILY OF AND PARALLEI. TO THE lilORrHERI.Y BO!JNDARY I,INE: OF THE SAID I.O:r 5, A DISTANCE OF
1127.63 FEET TO ITS INTERSECTION WITH THE WESTERLY BOU!IDARY LINE OF 'IHE SAID GOVEIINl!E!ilT I.0:1: 5;
THENCE, DEPARTING FROM rill!: AFORESAID COIIRSE, llLONG THE WES'IERI,Y BOUNl>AAY LINE OF 'IHE SAID GOVERNMEIIT I.~ 5, N
01°43'19" E, A 00:S:l:A.'iCE OF 30.00 FE:ET TO :l:HE POINT OF BEGINNING.
:1:HE SAID TRACT OF Lll!ID IS COM£1RISE:D OF 3,218,431 SQUARE FEET (73.8~ ACRESI KORE OR LESS.
1111 WJ~.-~111r.~1.'11~Wf\tH l"'l'MH~~I ► Iii ,Rllw. 11111
Receptionff: 989959
09/27/2023 03:52:18 Fl'I Jacklyn K. Harmon
11 of 11 Rec Fee:$63.00 Doc Fae:0.00 GSIRFIELD COUNTY CO I
----______,,Eulblt E
September 20, 2023
Garfield County Clede and Recorder
109 81b Street, Suite 200
Glenwood Springs. Colorado 81601
Re: Letter of Explanation -Boundary Line Adjustment Concerning Parcel Nos.
218733400107 and 2187333001S3
Dear Garfield County Clede and.Recorder,
Pursuant to the Oatfield County Boundary Line Adjustment Procedure, this is a letter of
explanation descn'bing the requested boundary line adjusbnents. Berkeley Family LLLP is the
owner of the properties with Parcel Nos. 218733400107 and 218733300153 1 and seeks to adjust
the property boundaries between the two parcels. Attached is a Boundary Line Adjustment
Affidavit (''Affidavit"') with Exhibits A-D, which has been recorded with the Garfield County
Clerk and Reconler; that descn'bes the boundary line adjustments between the two parcels.
Recorded concurrently with the Affidavit are two quit claims deeds conveying the adjustment
parcels. As descn'bed in the affidavit, there are two boundary line adjustments.
1. Affidavit Exhibit A contains the legal description of the property being removed from
Parcel No. 218733400107 and added to Paroel No. 218733300153. Affidavit Exhibit B
contains the legal description of Pan,el No. 2187333001 S3 after the boundary line
adjustments.
2. Affidavit Exhibit C contains the legal description of the property being removed ftom
Parcel No. 218733300153 and added toParoel No. 218733400107. AflidavitExhibitD
contains the legal description of Pateel No. 218733400107 after the boundary line
adjustments.
BERKELEY FAMILY LLLP
By:7'~~ LJ~~
Miriam Berkeley, General P~ r
1 Title documents for Parcel Nos. 218~400107 and218733300lS3 ndert.o theownerofthopan:els asBcrblc,y
Family Limited Partnership or Berkeley Family LLLP. Tho Berkeley Family Limited Pa!taerahip wasc:reated on
April IS. 1994 and coavertcd 1D a Limimd Liability Limited Partnmbip on June 191 1997. See Limited Pm:tnenhip
Certifi<:ate and RcgislratioD Statement filed with the with the Colorado Sccretmy of State on April 25, 1994 and
June 19, 1997, respectively.
Exhibit 2b
l"i!0::::>08N3::::>H 0MMM
SS92!13t>6 (OL6l X\f.::I • 9L99'SV6 (OL6) 3NOHd
! 0918 00 °SE;INl~dS □OOMN37E>
'LOL 3.LS '30N3/\V3}1V78 LL9I
':)NI 'E>Nllcl33NIE>N3 Alcl.LNnO::> HE>IH
d'lfVII J.N3VIIJ.Snr□'lf 3Nl7 Af:l'lf□Nnos
A.LNno:> □731..:lHV~
d77 A 71WV.:l. A.373>1H38 3HJ.
~\\\\\\\\\\\\\\\\\\\~\\\\\\\\\\\\\\~~ EXHIBIT A• PAGE 3
II I I I I I I 111111111111111 EXHIBIT B • PAGE 4
11/#m;/@' J½½½½lmi,1 EXHIBIT c • PAGE 5 & 6
~ EXHIBIT D • PAGE 7 & 8
~
e~--JJ..JC WC
PARCEL EXHIBIT MAP
3
" "' gJ ;:? :;:
N /J) 00
(') "'00
(.I) ~ d:'.
r{\
~
~
°' (3-...
82
NOTES
DATE OF FIELD SURVEY: JULY, 2022.
THE ASSUMED BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S 89°49'18" E ALONG THE SOUTHERLY
BOUNDARY LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 33, BETWEEN "A" THE SOUTH QUARTER
CORNER OF SECTION 33 A FOUND 5/8 in IRON PIN WITH 2 3/4 in. ALUMINUM CAP PELS 5933, AND "B" THE
SOUTHEAST CORNER OF SECTION 33. A FOUND 2in. IRON PIPE VIIITH SLM BRASS CAP (1985)
3 THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY TH!S SURVEYOR OF THE BOUNDARY SHOWN AND
DESCRIBED HEREON TO DETERMINE
A) OWNERSHIP OF THE TRACT OF LAND
B) COMPATIBILITY OF THIS DESCRIPTION WITH THOSE OF ADJOINERS
C} RIGHTS-OF-WAY, EASEMENTS AND ENCUMBRANCES OF RECORD AFFECTING THIS PARCEL
4. FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS·OF-WAY AND/OR TITLE OF RECORD. HIGH COUNTRY
ENGINEERING, INC. RELIED UPON TITLE COMMITMENT NO ABS64005037 ISSUED BY LAND TITLE GUARANTEE
COMPANY, EFFECTIVE DATE. 20 MAY, 2022. THIS PROPERTY IS SUBJECT TO ALL CONDITIONS AND RESTR!CTIONS
CONTAINED THEREIN. ANY INFORMATION REFERENCED HEREON IS THE RESULT OF RESEARCH BY THIS
SURVEYOR AND IS NOT NECESSARILY COMPLETE OR CONCLUSIVE
5 THIS IS NOT TO BE CONSTRUED AS ALAND SURVEY PLAT THE INTENT OF THIS DOCUMENT IS TO DEPICT THE
ATTACHED LEG/IL DESCRIPTION CONTAINED HEREIN
6 ANY PERSON \NHO KNOWINGLY REMOVES. ALTERS OR DEFACES ANY PUBLIC LANO SURVEY MONUMENT OR
LAND BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO
SECTION 18-4-508 OF THE COLORADO REVISED STATUTES
7 NOTICE; ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED ON ANY DEFECT IN
THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION
BASED ON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF
CERTIFICATION SHOWN HEREON
8 NOTICE: THIS PLAT AND THE INFORMATION SHOWN HEREON MAY NOT BE USED FOR ANY ADDITIONAL OR
EXTENDED PURPOSE BEYOND THAT FOR \NHICH IT WAS INTENDED AND MAY NOT BE USED BY ANY PARTIES
OTHER THAN THOSE TO \NH!CH IT IS CERTIFIED. TH!S DOCUMENT AND THE WORK IT REPRESENTS IS THE
PROPERTY OF HIGH COUNTRY ENGINEERING, INC NO PART OF THIS DOCUMENT MAY BE STORED,
REPRODUCED. DISTRIBUTED OR USED TO PREPARE DERIVATIVE PRODUCTS WITHOUT PRIOR WRITTEN
PERMISSION. AN ORIGINAL SEAL AND ORIGINAL SIGNATURE IS REQUIRED TO VALIDA TE TH!S DOCUMENT AND IS
EXCLUSIVE TO HIGH COUNTRY FNGINEERING, INC AND THE 0\/1/NER(S) OF RECORD AS OF THIS DATE, OF THE
BOUNDARY DELINEATED HEREON AND THE SUBJECT OF THE SURVEY
N
l.li ~ 1£
§
·~-.-LU T
EXHIBIT A
TRACT OF LAND ADJUSTED FROM PARCEL NO. 2187334001 07
TO PARCEL NO. 2187333001 53
A PARCEL OF LAND SITUATED IN GOVERNMENT LOT 12 AND THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE 6TH P.M. OF THE
6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO.
SE 1/4
NE 1/4
CENTER EAST fh CORNER
FOUND 3.25!N. BRASS
EAST 1 /4CORNER
FOUND 3/ 41N. IRON P!N
21N. BRASS CAP JN
MOUND OF STONE
PELS 5933 { 1996) CAP IN ROCK PE LS 5933 ( 1997) POINT OF COMMENCEMENT (/)
m if 1~ OO'C,:t; ~8" W N 88°26"25" W N 88'26"25" ~ ()
/ ,_,/'aos.20· //;/ /-j /R?o,•,/V c,.-c~~-:j
+
NE 1/4
SE1/4
PUBLIC LANO SURVEY SYSTEM
SURVEY MONUMENT AS NOTED
Q SET 5/SIN. X 18JN. IRON PIN
W/YELLOW PLASTIC CAP PLS 23875
'IS/. NO SURVEY MONUMENT FOUND OR SET
~ /'/_ ••• --
CHAIN OF 111:LE /./
•.. /
FATHERING TRACT: RECEPTIQ~-N!}MBE.Jr./
EXCEPT RECEl'Ja(l"N N~U~M~B=-ER,-_--=--=--=--=--=--=--=--=---
RECORDAT!ON OF TITLE A9J{f'~ENT:"----~, .... ...._____
~PT!ON NUMBER '-,, / '".,~
T
0 z
~
:;:
{'") (/) 00 {'")"' ro
1/) ..:. er. (J
inl ~
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13 z w
~ z
:i
0
0
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~ ~" ~ tis ~~ " ~(.I) I--~ ~ ~
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(DU)
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~
2041025.06
###
30F8
~
I
~
°' ~
~
~;~;~;,~;~t:~ ;;;;~:;:;;;;;::;•·~::i::;c:~=:,\i~ ::(;!;;:;;;
;;,;:;,;;;.;-;J:t;;,;~i'!«'?,:•,;:;,:?i~f,;1_:~,~-,~•;~;, .~ _;;;; ;;.;.,;"·'"·;;~-;c,;c·,;;;,;; ;;·;,;
FEE~) TO A POINT OF TAHGEl!ICT;
14. N45°4B'3l"E, ADISTANCEOF161.63FEETTOAl'OWTOFCORVll1URE;
C
{CHORDBBARSN12°12'55"E,380.0l
IS1040.00FEET, (CHORDBBARSN2~'36'28"E,14.36FE>;T)
IS690.00E'EET,{CHORDB&AR.SN43"37'17"E,324.92
ifl!OSE AADIUS IS 690.00 FEET! (LONG CJIORD BEAM II 42"57'09" E,
IIIIOSE RADIOS IS 860.00 f&ET; (LONG CHORD BEARS!{ 48°51'36" E, 91.56
LEGEND
NOTES
DATE OF FIELD SURVEY: JULY, 2022.
THE ASSUMED BASIS OF BEARINGS FOR
THIS SURVEY IS A BEARING OF S
8S"49'18"EALONGTHESOUTI--lERLY
BOUNDARY LINE OF TI-lE SOUTHEAST
QUARTER OF THE SAID SECTION 33,
BETWEEN "A" THE SOUTH QUARTER
CORNER OF SECTION 33 A FOUND 518 In.
IRON PIN IMTH 2 314 In. ALUMINUM CAP
PELS 5933, AND "B" THE SOUTHEAST
CORNER OF SECTION 33, A FOUND 21n.
IRON PIPE IMTH BLM BRASS CAP (1985).
3. THIS SURVEY DOES NOT CONSTITUTE A
TITLE SEARCH BY 1"HIS SURVEYOR OF
THE BOUNDARY SHO\IVN AND DESCRIBED
HEREON TO DETERMINE:
A) ~ERSHIP OF THE lRACTOF LANO
o:~g~~~~B~~~~SOF
ADJOINERS
CJ RlGI-ITS-OF--WAY, EASEMENTS AND
ENCUMBRANCES OF RECORD AFFECTING
THIS PARCEL.
4. FOR ALL INFORMATION REGARDING
EASEMENT, RlGITTS-OF-WAY AND/OR
TITLE OF RECORD, HIGH COUNlRY
ENGINEERING, INC. RELIED UPON TITLE
COMMITMENT NO. ABS64005037 ISSUED
BY LAND TIT1£ GUARANTEE COMPANY,
EFFECTIVE DATE: 20 MAY, 2022. THIS
PROPERTY IS SUBJECT TO ALL
CONDITIONS ANO RESTRICTIONS
CONTAINED THEREIN. ANY INFORMATION
REFERENCED HEREON lS THE RESULT
OF RESEARCH BY THIS SURVEYOR AND
!S NOT NECESSARILY COMPLETE OR
CONCLUSIVE.
5 1"HIS IS NOT TO BE CONSTRUED AS A
LAND SURVEY PLAT. TliE INTENT OF THIS
DOCUMENT IS TO DEPICT 1"HE A TT ACHED
LEGAL OESCRIF'TION CONTAINED HEREIN.
6. ANY PERSON WHO KNOWINGLY
REMOVES, ALTERS OR DEFACES ANY
PUBLIC LAND SURVEY MONUMENT OR
LAND BOUNDARY MONUMENT OR
ACCESSORY COMMITS A CLASS TVIO (2)
MISDEMEANOR PURSUANT TO SECTION
18-4-506 Of 1"HE COLORADO REVISED
STATUTES.
7. NOTICE: ACCORDING TO COLORADO LAW
YOU MUST COMMENCE ANY LEGAL
ACTION BASED ON ANY DEFECT !N THIS
SURVEY WITHIN THREE YEARS AFTER
YOU RRST DISCOVER SUCH DEFECT. IN
NO EVENT, MAY ANY ACTION BASED ON
ANY DEFECT IN THIS SURVEY BE
COMMENCED MORE THAN lEN YEARS
FROM THE DATE OF CERTIFICATION
SHOWN HEREON.
8 NOTICE· THIS PLAT ANO THE
INFORMATION SHQV,N HEREON MAY NOT
BE USED FOR ANY ADDITIONAL OR
EXTENDED PURPOSE BEYOND THAT FOR
WHICH IT WAS INTENDED AND MAY NOT
BE USED BY ANY PARTIES OTHER fflAN
THOSE TO WHICH IT IS CERTIFIE0.1ttIS
DOCUMENT AND "THE V.ORK IT
REPRESENTS IS 1ttE PROPERTY OF HIGH
COUNTRY ENGINEERING, INC. NO PART
OF THIS DOCUMENT MAY BE STORED,
REPRODUCED. DISTRIBUTED OR USED
TO PREPARE DERIVATIVE PRODUCTS
WITHOUT PRIOR WRITTEN PERMISSION.
AN ORIGINAL SEAL AND ORIGINAL
SIGNATURE IS REQUIREDTOVAL!DAlE
THIS DOCUMENT AND IS EXCLUSIVE TO
HIGH COUNTRY ENGINEERING, INC. ANO
THE Q\M'U:R{S)Of RECORD AS OF THIS
DATE, OF"THE BOUNDARY DELINEAlED
HEREOtJ AND THE SUBJECT OF THE
SURVEY.
EXHIBIT B -RESULTANT PARCEL NO. 218733300153
A PARCEL OF LAND SITUATED IN PARTS OF GOVERNMENT LOTS 12,13,14, 22 AND 23AND
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 33 AND A PART OF
THE SOUTHWEST QUARTER OF SECTION 34, ALL IN TOWNSHIP 6 SOUTH, RANGE 88 WEST
OF THE 6TH P.M. AND ALSO IN PARTS OF GOVERNMENT LOTS 1, 2, 3 AND 9 IN SECTION 4,
TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF
+ FOUND PlSS MONUMENT AS NOTED
• SET618 IN IRON PIN W/2.S"YEU.OWPLASTlC CAPPI.Slfl3875
/:::,,. FOUND518INIRONPl~i.:.~YELLOWPl.ASTICCAP
♦ ~;:~~~~~~NE~~~:~
COLORADO.
~~~~~~r PELS 5933
SOUTHERLY LINE
REC. N0.828748 3 3, ~~~R=E FOUND 2.5In. IRON PIPE, z IRoJ~~
WITH 2.75in. BRASS CAP WITH 2.5i~~-BRASS CAP
-+---------~1iif~;g~--------4-NB8°26'25" w -,,_r's'-'sa'l,;.• p;·,;µe_-.'ll,,..i..J.'..c'.1
I "----~~~~ ~~ORNER • EXISTING I PRESCRI::~:· 'v ........ ~~ 6 9
34
I GARCOALLOYCAPON2.0''IRONPIPE -~::-COUNTYll.(W)114 ~
I ~~:~~~~,~~YOR Fl,-,liEXCEPTJai7.._@·
I NORTHWESTERLY RIGHT-OF-WAY----J c, ---1--1 0F FUTURE 80ft WlDE COUNlY ROAD 114
I
[1 ~.I "2
16 I i • I
1/4
FOUND 2.5In
IRON P!PE, 1
WITH 2.75in. 1
BRA$ CAP
GARFIELD
SU~~~\
WESTERLY LINE
REC.N0.828749
:::=~~l~_:..===--I i --~-
1977
\h -A N89";f'2§"E 4 ---·"4F·-so?:fa•
_J _l -
I , '"
2
GRAf'HICSCALE :2~;s I • I . p
21 :J ii'
s~--.J.....U° T
4
®fi'/J' ti N89°49'1B"W 2662.73'
2 SOUTH 1/4 CORNER
SECTION 33 FOUND
23J4"All.OYCAP
ONSIB"IRONPIN
PLS5933
3
"-~-
FOUND 2.5IN IRON PIN.-
WITH 2.75IN
BRASS COUNTY
SURVEYOR CAP
MARKED 1977
1C
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203.73 ACRES±
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'./4,
POINT OF BEGINNING l
~~~~~~i--E i 34 S98°09'45"W 964.17'
Sr
~C-
3@ NORTHERLY LINE
REC.N0.828747
FOUND 2In. IRON PIPE,
Wllli2.5in.BI..MBRASS
CAe
NORTHERLY LINE
REC.N0.828747 3
WESTERLY LINE
REC NO 828749
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2041025.06
SHEET NUMBER
40FB
EXHIBITC
TRACT OF LAND ADJUSTED FROM PARCEL
218733300153 TO PARCEL NO. 218733400107
A PARCEL OF LAND SITUATED IN GOVERNMENT LOT 5 IN SECTION 32 AND LOTS 7, 8, 10,11,12,14,15
AND 16 IN SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE 6TH P.M. OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO.
NOTES
1. DATE OF FIELD SURVEY: JULY, 2022.
2 THE ASSUMED BASIS Of BEARINGS FOR THIS SURVEY IS A BEARING OF s 89°49'18" EALONG THE SOUTHERLY
BOUNDARY LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 33, BETWEEN "A" THE SOUTH QUARTER
CORNER OF SECTION 33 A FOUND 5/8 in. IRON PIN WITH 2 3/4 in. ALUMINUM CAP PELS 5933, AND "8" THE
SOUTHEAST CORNER OF SECTION 33, A FOUND 2in. IRON PIPE WITH BLM BRASS CAP (1985).
3 THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY THIS SURVEYOR OF THE BOUNDARY SHOWN AND
DESCRIBED HEREON TO DETERMINE:
A) OWNERSHIP OF THE TRACT OF LAND
B) COMPATIBILITY OF THIS DESCRIPTION WITH THOSE OF ADJO!NERS
CJ RIGHTS-OF-WAY, EASEMENTS AND ENCUMBRANCES OF RECORD AFFECTING THIS PARCEL
4 FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF RECORD, HIGH COUNTRY
ENGINEERING, INC. RELIED UPON TITLE COMMITMENT NO. ABS64005037 ISSUED BY LAND TITLE GUARANTEE
COMPANY, EFFECTIVE DATE: 20 MAY,2022. THIS PROPERTY IS SUBJECT TO ALL COND!TIONS AND RESTRICTIONS
CONTAINED THEREIN. ANY INFORMATION REFERENCED HEREON IS THE RESULT OF RESEARCH BY THIS
SURVEYOR AND IS NOT NECESSARILY COMPLETE OR CONCLUSIVE.
5. THIS IS NOT TO BE CONSTRUED AS A LAND SURVEY PLAT. THE INTENT OF THIS DOCUMENT IS TO DEPICT THE
ATTACHED LEGAL DESCRIPTION CONTAINED HEREIN.
6 ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR
LAND BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS lWO (2) MISDEMEANOR PURSUANT TO
SECTION 18-4-508 OF THE COLORADO REVISED STATUTES.
7 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED ON ANY DEFECT IN
THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION
BASED ON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF
CERTIFICATION SHOWN HEREON.
8 NOTICE: THIS PLAT AND THE INFORMATION SHOWN HEREON MAY NOT BE USED FOR ANY ADDITIONAL OR
EXTENDED PURPOSE BEYOND THAT FOR WHICH ITWAS INTENDED AND MAY NOT BE USED BY ANY PARTIES
OTHER THAN THOSE TO WHICH IT IS CERTIFIED. THIS DOCUMENT AND THE WORK IT REPRESENTS lS THE
PROPERTY OF HIGH COUNTRY ENGINEERING, INC. NO PART OF THIS DOCUMENT MAY BE STORED.
REPRODUCED, DISTRIBUTED OR USED TO PREPARE DERIVATIVE PRODUCTS WITHOUT PRIOR WRITTEN
PERMISSION. AN ORIGINAL SEAL AND ORIGINAL SIGNATURE IS REQUIRED TO VALIDATE THIS DOCUMENT AND IS
EXCLUSIVE TO HIGH COUNTRY ENGINEERING, INC. AND THE OWNER(S) OF RECORD AS OF THIS DATE, OF THE
BOUNDARY DELINEATED HEREON AND THE SUBJECT OF THE SURVEY.
CH~OFTITLE
FATHERING T;_:,~;;-~ECE'P•rrON.titUMBER~-·-· -----~
EXCEPT RECEPTIGN°~UMBER _______ _
RECORDATION OF TITLE AD:)J.J5f~~NT:
REci;;:n10N NUMBER ____ ~
~--~=---~
Vicinity Map
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I NORTHWEST CORNER LOT 5 FOUND 2 .5" IRON PIPE
i [TRUE POINT OF BEGINNING I
, 2 3/4" BRASS CAP MARKED COUNTY SURVEYOR
I GARFIELD COUNTY, 1977 MISTAKENLY MARKED "WC"
i AND USED AS A WITNESS CORNER MONUMENT IN
1 PREVIOUS SURVEYS
NOlffil RIGHT OF WAY UNE OF GARFIELD COUNTY ROAD 119 -fPER REC
N88°31'29"W
" " " "
1127.63•-l
:.m.o·
CENTERLINE OF
60.0' WIDE ACCESS &
UTILITY EASEMENT
""=::)
" "
8
FOUND 2 3/4". SOUTHERLY LINE
REC. NO. 686804 GARCO ALLOY CAP
ON 2.0" IRON PIPE 1977
MARKED COUNTY SURVEYOR
GARFIELD COUNTY, 1977
S 88°31 '29" E 2696.02'
N 40°32'38" W
66.44'
COUNTY ROAD 119
RIGHT-OF-WAY EASEMENT
Rec.# 950669 EXCEPTION #45
N 22°50'42" W _/
160.93'
" N
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EXHIBITC
TRACT OF LAND ADJUSTED FROM PARCEL
218733300153 TO PARCEL NO. 218733400107
A PARCEL OF LAND SITUATED IN GOVERNMENT LOT 5 IN SECTION 32 AND LOTS 7, 8, 10,11,12,14,15
AND 16 IN SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE 6TH P.M. OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO.
6
WLYLINE SF
REC. NO. 686804
FOUND 2 3/4". , ~ --1 / ' WITH 2.5in. BRASS CAP
MARKED COUNTY SURVEYOR EAST QUARTER CORNER
32--"
"-~-3~
" I
311.07'
S 88°57' 12" E 19.84'
S 88°25'52" E
58.17'
GARFIELD COUNTY, 1977 SECTION 33
r\: ~ " / 4_ 2in IRO~Op~~~~ 3GARCO ALLOY CAP ON 2.0" IRON PIPE~ PELS 5933
I. , "-<=" = '"' _., ,oo.,,. , ---------'-"'"' ---_.,, _ _,,,..,,.,~, -~ /4:SOUTHERLY LINE S 88°26'25" E
. S 88025'52" E 1034 26' REC. NO. 686804 647.97' I
• • -~~~ '
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EARING
S 57'14'22" W
N 37'29 24 W
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67.32
LEGEND
GRAPHIC SCALE ek.-.JJ ... f r
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' I • 'i
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-1-1 ' -j·-.. --,-
'
FOUND2 3/4".
L7I L6 GARCO ALLOY CAP
PROPERTY BOUNDARY/ ' : L 1() I L11 ON 2.0" IRON PIPE
CENTERLINE ROAD 119 ~~ MARKED COUNTY SURVEYOR
ALLOY CAP WITH 5/8" IRON PIN PELS 5933 ; '-CENTER 1/4 CORNER I 608.2;· 71-T
FOUND 2 3/4". ~
GARCOALLOYCAPON 2.0" IRON PIPE .O ~~
MARKED COUNTY SURVEYOR oY"·,
GARFIELD COUNTY, 1977 !':' Qf'
://-c,&,
;....!
'<i: ci, -! GARFIELD COUNTY, 1977 ~-----1 ------------
1 G> \1,
-•~--
;.... i
! \ "---'1,722,541 Sq. Feet % '1_ 39.54 Acres±
,v
"~ ◊~-~~ ~I \j r-
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"; 8 j
+ FOUNDPLSSMONUMENTASNOTED
0 SET~INIRONPINW/2.5"AU.OYCAPPL8'Zl876
MARKEDWC-(OFl'SET30'S0UTHERLY)
• SET5181NIRONPINW/2.5"YELLOWPLASTICCAPPLSl23875
♦ CENTER WEST 1118 CORNER FOUN02.0".
ALLOYCAPWITH5'8"1RONPINPEL851133
T
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i FUTURE 80' RIGHT-OF-WAY
;11
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,i.'?' ts>, : S 88°25'59" E
~ ---= =-j--_:.___:_-<>,-
1034.16'
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sa7°01'58"W
897.82'
' " " " I
®',_'
S:U: ~/4 CORN-E~-_;?t
SECTION 33 FOUND 4
2 3/4" ALLOY CAP
ON 5/8" IRON PIN
PLS 5933
f--~
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POINT OF COMMENCEMENT~ 2 1; SOUTHEAST CORNER SECTION 33 @
-~_) WITH ~~~n~~i~~:~:~~ I
SOUTHERLYBOUNDARYUNESOUTHEASTQUARTERSECTION33 f TOV,'NSHIPtiSOlill-1 33 ~ 3.4
RANGE:88wgsf ../ ~
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2041025.06
SHEET NUMBER
60F8
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A TRACT OF LAND SITUATED IN PART OF GOVERNMENT LOTS 5, 7, 8 AND 10 DELINEATED ON THAT GOVERNMENT LAND SURVEY
DATED 29 APRIL 1893 IN THE NORTHEAST QUARTER OF SECTION 32 AND LOTS 11, 12, 14, 15 AND 16, AND THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER IN SECTION 33, ALL IN TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORAOO, TO WIT:
COMMENCING AT THE SOUTHEAST CORNER OF THE SAID SECTION 33, MONUMENTED BY A FOUND 2-INCH IRON PIPE WITH
3. 75-INCH BLM BRASS CAP; THENCE,
N 89°49'18" W, ALONG THE SOUTHERLY BOUNDARY LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 33, A DISTANCE OF
2682. 73 FEET TO THE SOUTH QUARTER CORNER OF THE SAID SECTION 33, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH
IRON PIN WITH 2. 75 INCH ALLOY CAP MARKED FELS 5933 (1996), WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE, DEPARTING FROM THE AFORESAID COURSE, N 47°26'05" w, A DISTANCE OF 5122.51 FEET TO THE NORTHWEST CORNER
OF GOVERNMENT LOT 5, SECTION 32, AS DELINEATED ON THAT GLO PLAT DATED 29 APRIL, 1893, THE SAID CORNER
MONUMENTED BY A FOUND 2.5 INCH IRON PIPE WITH 2.75 INCH BRASS CAP MARKED GARFIELD COUNTY SURVEYOR (1977), THE
SAID CORNER BEING THE TRUE POINT OF BEGINNING;
THENCE, ALONG THE NORTHERLY BOUNDARY LINE OF GOVERNMENT LOTS 5, 8 AND 1 AND THE SOUTHERLY BOUNDARY LINE OF THAT
TRACT OF LAND DESCRIBED UNDER RECEPTION NUMBER 686804 IN THE PUBLIC RECORDS OF THE SAID COUNTY,
S 88°31'29" E, A DISTANCE OF 2696.02 FEET TO THE NORTHEAST CORNER OF LOT 7, THE SAID CORNER MONUMENTED BY A
FOUND 2.5-INCH IRON PIPE WITH 2.75-INCH BRASS CAP Ml\.RKED GARFIELD COUNTY SURVEYOR (1977);
THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE EASTERLY BOUNDII.RY LINE OF THE SAID LOT 7, S 01 °57 '41" W,
A DISTANCE OF 838.27 FEET TO THE SOUTHEAST CORNER THEREOF, THE SAID CORNER MONUMENTED BY A FOUND 2.5-INCH IRON
PIPE WITH 2. 75-INCH BRASS CAP MARKED GARFIELD COUNTY SURVEYOR (1977);
THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE NORTHERLY BOUNDARY LINE OF GOVERNMENT LOT 11 OF THE SAID
1893 GLO SURVEY, S 88°57'12" E, A DISTANCE OF 19.84 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF THE SAID SECTION 33, THE SAID CORNER MONIJMENTED BY A FOUND 5/8-INCH IRON PIN WITH
2.0-INCH ALLOY CAP MARKED PEiS 5933;
THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE NORTHEBLY BOUNDARY LINE OF THE SAID LOT 11, S 88°25 '52"
E, A DISTANCE OF 1092. 43 FEET TO THE NORTHEAST CORNER THEREOF AND THE CENTER QUARTER CORNER OF THE SAID SECTION
33, THE SAID CORNER MONUMENTED BY A FOUND 2.5-INCH IRON PIPE WITH 2. 75-INCH BRASS CAP MARKED GARFIELD COUNTY
SURVEYOR (1977);
THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE NORTHERLY BOUNDARY LINE OF LOT 12 OF THE SAID 1893 GLO
SURVEY AND THE NORTHERLY BOUNDARY LINE OF THE SOUTHEAST QDARTER OF THE SAID SECTION 33, S 88°25'45" E, A
DISTANCE OF 1255.65 FEET TO THE NORTHEAST CORNER THEREOF AND THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF THE SAID SECTION 33, THE SAID CORNER MONUMENTED BY A FOUND 2.5-INCH IRON PIPE WITH
2. 75-INCH BRASS CAP MARKED GARFIELD COUNTY SURVEYOR (1977);
THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE NORTHERLY BODNDARY LINE OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE SAID SECTION 33, S 88°26'25" E, A DISTANCE OF 608.20 FEET TO ITS INTERSECTION WITH
WESTERLY RIGHT-OF-WAY LINE FOR GARFIELD COUNTY ROAD NUMBER 114, THE SAID POINT OF INTERSECTION MONUMENTED BY A
SET 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP MARKED PLS 23875, FROM WHENCE THE EAST QUARTER CORNER OF THE SAID
SECTION 33, MONUMENTED BY A FOUND 2 INCH IRON PIPE WITE 2.5 INCH BRASS CAP MARKED FELS 5933 BEARS N 88°26'25"
E, 647.98 FEET DISTANT;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY RIGHT-OF-WAY LINE OF THE 80-FOOT-WIDE
GARFIELD COUNTY ROAD NUMBER 114, THE FOLLOWING TWELVE (12) COURSES, WITH THE BEGINNING ANO END OF EACH COURSE
MONUMENTED BY A SET 5/8-INCH IRON PIN WITH YELLOW PLASTIC CAP MARKED PLS 23875:
1) S 40°45'34" W, A DISTANCE OF 257.90 FEET TO A POINT OF CURVATURE;
2) 20.33 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT, WHOSE RADIUS IS 3960.00 FEET, (LONG
CHORD BEARS S 42°21'12" W, 220.30 FEET) TO A POINT OF TANGENCY;
3) S 43°56'50" W, A DISTANCE OF 184.24 FEET TO A POINT OF CURVATURE;
4) 31.19 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT, WHOSE RADIUS IS 960.00 FEET, (LONG
CHORD BEARS S 44°52'36" W, 31.19 FEET) TO A POINT OF TANGENCY;
5) S 45°48'31" W, A DISTANCE OF 161.63 FEET TO A POINT OF CURVATURE;
6) 91.60 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT, WHOSE RADIUS IS 860.00 FEET, (LONG
CHORD BEARS S 48°51'37" W, 91.56 FEET) TO A POINT OF TANGENCY;
7) S 51 °54' 40" W, A !JI STANCE OF 50 .15 FEET TO A POINT OF CURVATURE;
8) 215.17 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 690.00 FEET, (LONG
CHORD BEARS S 42.57'09" 'il, 214.90 FEET) TO A POINT OF TANGENCY;
9) S 33°59'39" W, A DISTANCE OF 136.05 FEET TO A POINT OF CURVATURE;
10) 267.77 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT, WHOSE RADIUS IS 660.00 FEET, (LONG
CHORD BEARS S 45°37 1 00" \ii, 265.94 FEET) TO A POINT OF TANGENCY;
11) S 57°14'22" W, A DISTANCE OF 165.99 FEET TO A POINT OF CURVATURE;
12) 49.86 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 690.00 FEET, (LONG
CHORD BEARS S 55°10'11" W, 49.65 FEET) TO ITS IN'rERSECTION WITH THE CENTERLINE OF THAT 60-FOOT-WlDE
PRESCRIPTIVE EASEMENT DESlGNATED .AS GARFIELD COUNTY ROAD NUMBER 119;
THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE CENTERLINE OF THE SAID 60-FOOT-WIDE PRESCRIPTIVE
EASEMENT DESIGNATED AS GARFIELD COUNTY ROAD NUMBER 119, THE FOLLOWING SIXTEEN (16) COURSES, WITH THE BEGINNING
ANO !sND OF EACH COURSE REFERENCED WESTERLY AND SOUTHERLY 30.0D ~J,;ET ON THE WESTERLY AND SOUTHEBLY RIGHT-OF-WAY
LINE OF SAID EASEMENT BY A SET 5/8-INCH IRON PIN WITH 1.25-INCH ALLOY CAP MARKED 'WC' PLS 23875;
1) N 37°29'24" W, A DISTANCE OF 67.32 FEET TO A POINT OF CURVATURE;
2) 179.13 PEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 165.00 ~KJ:,;'l', (LONG
CHORD BEARS N 65°13'43" W, 172.21 FEET} TO A POINT OF TANGENCY;
3) S 87°01'58" W, A DISTANCE OF 897.82 FEET TO A POINT OF CURVATURE;
4)212.46 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT, WHOSE RADIUS IS 185.00 FEET, (LONG
CHORD BEARS N 60°04'04n w, 200.97 FEET) TO A POINT OF TANGENCY;
5) N 27°10'Q6D W, A DISTANCE OF 853.08 FEET TO A POINT OF CURVATURE;
6) 346.12 FEET ALONG THE ARC OF A CIRCULAR CORVE, TURNING TO THE RIGHT, WHOSE RADIUS IS 1000.00 FEET, (LONG
CHORD BEARS N 17°15'10" W, 344.39 FEET) TO A POINT OF TANGENCY;
7) N 07"20'14" W, A DISTANCE OF 311.07 FEET TO A POINT OF CURVATURE;
8) 162.40 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 600.00 FEET, (LONG
CHORD BEARS N 15°05'28D W, 161.90 FEET) TO A POINT OF TANGENCY;
9) N 22°50'42" W, A DISTANCE OF 160.93 FEET TO A POINT OF CURVATURE;
10) 246.76 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 200.00 FEET, (LONG
CHORD BEARS N 58°11'29" W, 231.41 FEET) TO A POINT OF TANGENCY;
11) S 86.27'45" W, A DISTANCE OF 315.27 FEET TO A POINT OF CURVATURE;
12) 111.11 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT, WIIOSE RADIUS IS 185.00 FEET, (LONG
CHORD BEARS N 67°02'26" W, 165.09 FEET) TO A POINT OF TANGENCY;
13) N 40°32'38" W, A DISTANCE OF 66.44 FEET TO A POINT OF CURVATURE;
14) 127.54 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 200.00 FEET, (LONG
CHORD BEARS N 58°48'44" W, 125.39 FEET) TO A POINT OF COMPOUND CURVATURE;
15) 458.04 FEET ALONG THE ARC OF A CIRCULAR COMPOUND CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 2529.93
FEET, (LONG CHORD BEARS
N 82°16'03" W, 457.41 FEET) TO ITS INTERSECTION WITH A POINT 30.00 FEET SOUTHERLY OF THE NORTHERSLY BOUNDARY
T,INE OF THE SAID LOT 5;
16) N 88°31'29" W, SOUTHERLY OF AND PARALLEL TO THE NORTHERLY BOUNDARY LINE OF THE SAID LOT 5, A DISTANCE OF
1127.63 FEET TO ITS INTERSECTION WITH THE WESTERLY BOUNDARY LINE OF THE SAID GOVERNMENT LOT 5;
THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE WESTERLY BOUNDARY LINE OF THE SAID GOVERNMENT LOT 5, N
01°43'19" E, A DISTANCE OF 30.00 FEET TO 'J'.8cE PO__g;!T OF BEGINNING.
THE SAID TRACT OF LAND IS COMPRISED OF 3,218,431 SQUARE FEET (73.89 ACRES) MORE OR LESS.
EXHIBITD
RESULTANT PARCEL NO. 218733400107
A PARCEL OF LAND SITUATED IN GOVERNMENT LOT 5 IN SECTION 32 AND LOTS, 7, 8, 10, 11,12,14,15,16
AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 33 , ALL IN TOWNSHIP 6
SOUTH, RANGE 88 WEST OF THE 6TH P.M. OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
STATE OF COLORADO.
NOTES
1. DATE OF FIELD SURVEY: JULY, 2022.
2. THE ASSUMED BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S 89°49'18" E ALONG THE SOUTHERLY
BOUNDARY LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 33, BETWEEN "A" THE SOLJTH QUARTER
CORNER OF SECTION 33 A FOUND 5/8 in. IRON PIN WITH 2 3/4 in. ALUMINUM CAP PELS 5933, AND "B" THE
SOUTHEAST CORNER OF SECTION 33, A FOUND 2in. IRON PIPE WITH BLM BRASS CAP (1985).
3. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY THIS SURVEYOR OF THE BOUNDARY SHOWN AND
DESCRIBED HEREON TO DETERMINE:
A) OWNERSHIP OF THE TRACT OF LAND
8) COMPATIBILITY OF THIS DESCRIPTION WITH THOSE OF ADJOlNERS
C) RIGH_TS-OF~WAY, EASEMENTS AND ENCUMBRANCES OF RECORD AFFECTING THIS PARCEL.
4. FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF RECORD, HIGH COUNTRY
ENGINEERING, INC. RELIED UPON TITLE COMMITMENT NO. ABS64005037 ISSUED BY LAND TITLE GUARANTEE
COMPANY, EFFECTIVE DATE: 20 MAY, 2022. THIS PROPERTY IS SUBJECT TO ALL CONDITIONS AND RESTRICTIONS
CONTAINED THEREIN. ANY INFORMATION REFERENCED HEREON IS THE RESULT OF RESEARCH BY THIS
SURVEYOR AND IS NOT NECESSARILY COMPLETE OR CONCLUSIVE.
5. THIS IS NOT TO BE CONSTRUED AS A LANO SURVEY PLAT. THE INTENT OF THIS DOCUMENT IS TO DEPICT THE
ATTACHED LEGAL DESCRIPTION CONTAINED HEREIN.
6. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR
LAND BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO
SECTION 18-4-508 OF THE COLORADO REVISED STATUTES.
7. NOTICE: ACCORDING TO COLORADO l.AW YOU MUST COMMENCE ANY LEGAL ACTION BASED ON ANY DEFECT IN
THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION
BASED ON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF
CERTIFICATION SHOWN HEREON.
8. NOTICE: THIS PLAT AND THE INFORMATION SHOWN HEREON MAY NOT BE USED FOR ANY ADDITIONAL OR
EXTENDED PURPOSE BEYOND THAT FOR WHICH IT WAS INTENDED ANO MAY NOT BE USED BY ANY PARTIES
OTHER THAN THOSE TO WHICH IT IS CERTIFIED. THIS DOCUMENT AND THE WORK IT REPRESENTS IS THE
PROPERTY OF HIGH COUNTRY ENGINEERING, INC. NO PART OF THIS DOCUMENT MAY BE STORED,
REPRODUCED, DISTRIBUTED OR USED TO PREPARE DERIVATIVE PRODUCTS WITHOUT PRIOR WRITTEN
PERMISSION. AN ORIGINAL SEAL AND ORIGINAL SIGNATURE IS REQUIRED TO VALIDATE THIS DOCUMENT AND IS
EXCLUSIVE TO HIGH COUNTRY ENGINEERING, INC. AND THE OWNER(S) OF RECORD AS OF THIS DATE, OF THE
BOUNDARY DELINEATED HEREON AND THE SUBJECT OF THE SURVEY.
Ql;!AIN OF TITLE =::: '
FATHERING TR-~TION NUMSEf:("
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PROJECT NO.
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SHEET NUMBER
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<::I' GARFIELDCOUNTY 1977MISTAKENLYMARKED'WC"
:._ I AND USED AS A WITNESS CORNER MONUMENT IN
O I PREVIOUS SURVEYS
Lc:::44NOR1tl Rl~A~-~~y LINE~ Go\RflELD COUN:!Y RQo\O 119 +PER REC I
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REC. NO .. 686804
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MARKED COUNTY SURVEYOR
GARFIELD COUNTY, 1977
S 88°31 '29" E 2696.02'
N 40°32'38" W
66.44'
-0
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EXHIBITD
RESULTANT PARCEL NO. 218733400107
A PARCEL OF LAND SITUATED IN GOVERNMENT LOT 5 IN SECTION 32 AND LOTS, 7, 8, 10, 11,12,14,15,16
AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 33 , ALL IN TOWNSHIP 6
SOUTH, RANGE 88 WEST OF THE 6TH P.M. OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
STATE OF COLORADO.
v-\
'._)
WLYLINE
REC. NO. 686804
S 88°57' 12" E 19.84'
s j
ALLOY CAP ON ?,UND 2 3/4" ~ / LL FOUND GARCO F I\I '~ , 1
MARKED COUN~ IRON PIPE / ' WITH 2 521n IRON PIPE
, se,,s•~· =ae~w:"= '"-"" ,~ ',w =·'"' ,.,_
\~~.::·:..-:::: '' .~-:::·= ---=~
IRON PIN PELS . 8 25'45" E ~ ',?I L6 ~UND 2 3/4". 5933 I CENTER 1/4 co 1255 65' s 88"26'25" E
L101L110N~CO?,ALLOYCAP / / FOUND23/4" RNER ----:Jl'---"'-o" 647 97' ' -::'""" :;::"'=~-~ " ,,,. '
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73.89 Acres± 1
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SECTION 33 FOUND 4 :
2 3/4" ALLOY CAP i
ON 5/8" IRON PIN
PLS 5933
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~,. -z. SOUTHEAST CORNER SECTION 33 @
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WITH 2.Sin. BLM BRASS CAP I
SOUTHERLYBOUNDARYLINESOUTHEASTQUARTERSECTION33 I ~~:;_•~ 33;
-------sa9°49•·1a"E 2aa2.73' _____ -ITOWNSHIP7~-----l---4 3
BASIS OF BEARINGS ' RANGEaalNEST
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PROJECT NO.
2041025.05
SHEET NUMBER
80F8
Exhibit 2c
QUITCLAIM DEED
Boundary Line Adjustment
(Statutory Fonn -C.R.S. § 38-30-113)
BERKELEY FAMILY LLLP. whose street address is 4001 County Road 114, Glenwood Springs, CO,
81601, for consideration of Ten Dollars, in hand paid, hereby sells and quitclaims to BERKELEY FAMILY LLLP,
whose street address is 4001 County Road 114, Glenwood Springs. CO, 81601, lhe foDowing real property in the
County of Garfreld and State of Colorado, to wit:
See Exbtl,it A;
with all its appunenances
Signed this ,;;.. I day of q 2023.
STATE OF 1.t.)(cA.<; ---''-"-'-...;.;..:'------'
.< I )SS.
COUNTY OF t".:>f:\:: ~~ )
BERKELEY FAMILY LLLP,
a Colorado limited liability partnership.
which acquired title as Berkeley Family Limited Partnership, a
Colorado limited partnership
By:711~ fu,t~-
Miriam BCikeley, General Partner • {J
jj.f"
The foregoing insuument was acknowledged before me this 1l_ day of '1
Berkeley, General PattnerofBelkeley Family LLLP.
2023, by Miriam
Witness my hand and official seal
My cornrpission expires: 0 v f ot, I 21.e
e --~P -":'-(V-i~ NarAll'f PUlli.lC,SllQl!OFTEXAS
MYC:OMM.EXP.~ Nota.,,Public NOIAAV ID 1337!le:IH •~
3
1111 WJP"~'IH~~H&N ri:ti1L1M~.t~~wr1~:.1~1m.11111
Reception#: 989961 09/27/2023 03:62:18 PM Jacklyn K. Harmon 2 of 3 Reo Fee:$23.00 D00 Fee:0.00 GRRFlELD COUNTY CO
·--------
Exhibit A
A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECT.ION 33, TOWNSHIP
6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO, TO WIT;
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SAID
SECTION 33, MONUMENTED BY A FOUND 2IN. DIA. IRON PIPE WITH 2.SIN. BRASSCAP
PELS 5933, FROM WHENCE THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF THE SAID SECTION 33, MONUMENTED BY A FOUND 2,5IN.
IRON PIPE WITH 2.75IN. BRASS CAP MARKED GARFIELD COUNTY SURVEYOR (1977),
BEARS N 88°26'25" W, 1256.17 FEET DISTANT, WITH ALL BEARINGS CONTAINED
HEREIN RELATICE THERETO; THENCE, N 88°26'25" W, ALONG THE NORTHERLY
BOUNDARY LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
SAID SECITON 33, A DISTAANCE OF 565.00 FEET TO THE NORTHEAST CORNER OF
THAT TRACT OF LAND DESCRIBED IN THAT INSTRUMENT RECORDED IN THE PUBLIC
RECORD OF GARFIELD COUNTY UNDER RECEPTION NUMBER 778210, THE SAID POINT
BEING THE TRUE POINT OF BEGINNING;
THENCE, DEPARTING FROM THE SAID NORTHERLY BOUNDARY LINE OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF THE SAID SECITON 33, s 43°02'38" W, A
DISTANCE OF 779.90 FEET;
THENCE, DEPARTING FROM THE AFORESAID COURSE, s 48°02'38" w, A DISTANCE OF
330.00 FEET;
THENCE, DEPARTING FROM THE AFORESAID COURSE, s 40°02'38" w, A DISTANCE OF
160.00 FEET;
THENC~, DEPARTING FROM THE AFORESAID COURSE, s 44°02'38" w, A DISTANCE OF
104.80 FEET;
THENCE, DEPARTING FROM THE AFORESAID COURSE, N 88°25'59" W, A DISTANCE OF
44.62 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THAT 80.00-
FOOT-WIDE STRIP OF LAND TO BE DIDICATED AS GARFIELD COUNTY .ROAD 114;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SAID WETSERLY
RIGHT-OF-WAY LINE, 3.18 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO
THE LEFT, WHOSE RADIUS IS 660. 00 FEET, (LONG CHORD BEARS N 34 ° 07' 38" E,
3.18 FEET);
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SAID WETSERLY
RIGHT-OF-WAY LINE, N 33°59'39" E, A DISTANCE OF 136.05 FEET;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SAID WETSERLY
RIGHT-OF-WAY LINE, 215.77 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING
TO THE RIGHT, WHOSE RADIUS IS 690.00 FEET, (LONG CHORD BEARS N 42°57'09"
E, 214.90 FEET);
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SAID WETSERLY
RIGHT-OF-WAY LINE, N 51°54'40" E, A DISTANCE OF 50.15 FEET;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SAID WETSERLY
RIGHT-OF-WAY LINE,91.60 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO
THE LEFT, WHOSE RADIUS IS 860.00 FEET, (LONG CHORD BEARS N 48°51'37" E,
91. 56 FEET);
1111 WJ~.-~ll 1~.wi1-:1L KIA~li l'k\~~AUl:~ll\l1llw. 11111
Receptianl: 989961
09/27/2023 03:52,18 PM Jacklyn K. Harmon
3 cf 3 Rec Fee:$23.00 Doc Fee:0.00 GARFIELD COUNTY CO
J -___ ..,.
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SAID WETSERLY
RIGHT-OF-WAY LINE, N 45°48'31" E, A DISTANCE OF 161.63 FEET;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SAID WETSERLY
RIGHT-OF-WAY LINE, 31.19 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING
TO THE LEFT, WHOSE RADIUS IS 960.00 FEET, (LONG CHORD BEARS N 44°52'36" E,
31.19 FEET);
THENCE, DEPARTING FROM THE AFORESAID .COURSE AND ALONG THE SAID WETSERLY
RIGHT-OF-WAY LINE, N 43°'56'50" E, A DISTANCE OF 184.24 FEET;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SAID WETSERLY
RIGHT-OF-WAY LINE, 220.33 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING
TO THE LEFT, WHOSE RADIUS IS 3960.00 FEET, (LONG CHORD BEARS N 42°21'12"
E, 220. 30 FEET) ;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SAID WETSERLY
RIGHT-OF-WAY LINE, N 40°45'33" E, A DISTANCE OF 257.89 FEET TO A POINT ON
THE NORTHERLY BOUNDARY LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF THE SAID SECITON 33;
THENCE, DEPARTING FROM THE AFORESAID WESTERELY RIGHT-OF-WAY LINE AND
ALONFG THE SAID NORTHERLY BOUNDARY LINE OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE SAID SECITON 33, S 88°26'25" E, A DISTANCE OF
82.91 FEET TO THE POINT OF BEGINNING.
THE SAID TRACT OF LAND IS COMPRISED OF 72,037 SQUARE FEET, (1.65 ACRES),
MORE OR LESS.
Said parcel is to be merged with a tract ofland presently identified in Reception No. 462134, Book No. 899, Page No.
796; plus Reception No. 778209 (correction deed for deed at Reception No. 462134); plus Reception No. 516346,
Book No. 1042, Page No. 142; plus Reception No. 553569, Book No. 1155, Page No. 27; plus Reception No. 602871,
Book No. 1352, Page No. 765; plus Reception No. 828748; plus Reception No. 828751; minus Reception No. 596126,
Book No. 1322, Page No. 977; minus Reception No. 604779, Book No. 1360, Page No. 682 (correction deed for deed
at Reception No. 596126); minus Reception No. 602872, Book No. 1352, Page No. 766; minus Reception No. 828749;
and minus; Reception No. 955848; with all aforementioned documents being in the records of the Clerk and Recorder,
• Garfield County; and said parcel cannot be sold separately from the merged tract ofland.
Exhibit 2d
Ill! WJP.1~lV1l 1W.PIJ !ijil. hri1 1ll:l1ir. r lr.~;..,rw )H 1,~ IIM, 11111
Receptianij: 989962
09/27/2023 03:52:18 PM Jacklyn K. Harmon 1 of 4 Rec Fee,$28.00 Doc Fee:0,00 GARFIELD COUNTY CO
QUITCLAIM DEED
Boundary Line Adjustment
(Statulmy Fonn -C.R.S. § 38-30-113)
BERKELEY FAMILY LLLP, whose street address is 4001 County Road 114, Glenwood Springs, CO,
81601, for consideration of Ten Dollars, in hand paid. hereby sells and quitclaims to BERKELEY FAMILY LLLP,
whose street address is 4001 County Road 114, Glenwood Springs, CO, 81601, the following real property in the
County of Garfield and State of Colorado, to wit:
See Exhibit A;
with all its appurtenances
Signed this~ day of 1 2023.
~ATEOF1~'U\.$ )
A: 12.__, \ ) ss.
BERKELEY FAMJL Y LLLP,
a Colorado limited liability partnership,
which acquired title as Berkeley Family Limited PartneJShip, a
Colorado limited partnership
By:7h.~6JJ_,_,..,_
Miriam Berkeley, General Partner -cf
COUNTY OF :(DY..\: u.A;,\ )
j ~
The foregoing instrument was acknowledged before me this U day of 1 , 2023, by Miriam
Berkeley, General Partner of Berkeley Family.LLLP.
Witness my hand and official lnj. l
My commission expires: 0 0 l,, 21/
e EUVJ!mt Pl!IIEZ•VIIJ.AI.OvoS
NCJTARI' l'UIIIJC. smre OFTl:XM
MY COMM.EXP. OMJe11t
NOIM'I' ID 1337903H
~·~~11~~
Notary Public
1111 ~,1P.,~'1irMa1:~1,~1~~1 r.W'h'w~li,llR':aK~.Wm.11111
Receptionij: 989962
09/27/2023 03:52:18 PM Jacklyn K. Harmon
2 of 4 Reo Fee:528.00 000 Fee:0.00 GARFIELD COUNTY CO
E:1bibitA
A TRACT OF LAND SITUATED IN PART OF GOVERNMENT LOTS 5,7,8 AND 10 IN THE
NORTHEAST QUARTER OF SECTION 32 AND LOTS 11,12,14, 15 AND 16 IN SECTION
33, ALL IN TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, TO WIT:
COMMENCING AT THE SOUTHEAST CORNER OF THE SAID SECTION 33, MONUMENTED BY A
FOUND 2-INCH IRON PIPE WITH 3.75-INCH BLM BRASS CAP; THENCE,
N B9°49'18" W, ALONG THE SOUTHERLY BOUNDARY LINE OF THE SOUTHEAST QUARTER
OF THE SAID SECTION 33, A DISTANCE OF 2682.73 FEET TO THE SOUTH QUARTER
CORNER OF THE SAID SECTION 33, THE SAID CORNER MONUMENTED BY A FOUND 5/B
INCH IRON PIN WITH 2.75 INCH ALLOY CAP MARKED PELS 5933 (1996), WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE, DEPARTING FROM THE
AFORESAID COURSE, N 47°26'05" W, A DISTANCE OF 5122.51 FEET TO THE
NORTHWEST CORNER OF GOVERNMENT LOT 5, SECTION 32, AS DELINEATED ON THAT
GLO PLAT DATED 29 APRIL, 1893, THE SAID CORNER MONUMENTED BY A FOUND 2.5
INCH IRON PIPE WITH 2.15 INCH BRASS CAP MARKED GARFIELD COUNTY SURVEYOR
(1977), THE SAID CORNER BEING THE TRUE POINT OF BEGINNING;
THENCE, ALONG THE NORTHERLY BOUNDARY LINE OF GOVERNMENT LOTS 5, 8 AND 7
AND THE SOUTHERLY BOUNDARY LINE OF THAT TRACT OF LAND DESCRIBED UNDER
RECEPTION NOMBER 686804 IN THE PUBLIC RECORDS OF THE SAID COUNTY, S
88°31'29" E, A DISTANCE OF 2696.02 FEET TO THE NORTHEAST CORNER OF LOT 7,
THE SAID CORNER MONUMENTED BY A FOUND 2.5-INCH IRON PIPE WITH 2.75-INCH
BRASS CAP MARKED GARFIELD COUNTY SURVEYOR (1977);
THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE EASTERLY BOUNDARY
LINE OF THE SAID LOT 7, S 01°57'41" W, A DISTANCE OF B3B.27 FEET TO THE
SOUTHEAST CORNER THEREOF, THE SAID CORNER MONUMENTED BY A FOUND 2.5-INCH
IRON PIPE WITH 2.75-INCH BRASS CAP MARKED GARFIELD COUNTY SURVEYOR (1977);
THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE NORTHERLY BOUNDARY
LINE OF GOVERNMENT LOT 11 OF THE SAID 1893 GLO SURVEY, S 88°57'12" E, A
DISTANCE OF 19.84 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUAR!ER OF THE SAID SECTION 33, !HE SAID CORNER MONUMENTED
BY A FOUND 5/8-INCH IRON PIN WITH 2.0-INCH ALLOY CAP MARKED PELS 5933;
THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE NORTHERLY BOUNDARY
LINE OF THE SAID LOT 11, S 88°25'52w E, A DISTANCE OF 1034.26 FEET TO THE
NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED UNDER RECEPTION NUMBER
77B210 IN THE PUBLIC RECORDS OF THE SAID COUNTY, THE SAID CORNER
MONUMENTED BY A SET 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP MARKED PLS
23875, FROM WHENCE THE CENTER QUARTER CORNER OF THE SAID SECTION 33 BEARS
S 88°25'52" E, 58,17 FEET DISTANT, THE SAID QUARTER CORNER MONUMENTED BY A
FOUND 2 INCH IRON PIPE WITH 2.75 INCH ALLOY CAP MARKED GARFIELD COUNTY
SURVEYOR (1977);
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY
BOUNDARY LINE OF THE SAID TRACT (RECEPTION NUMBER 778210), S 01°34'01" W,
A DISTANCE OF 1014.11 FEET TO THE SOUTHWEST CORNER THEREOF, THE SAID
CORNER MONUMENTED BY A SET 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP
MARKED PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTHERLY
BOUNDARY LINE OF THE SAID TRACT (RECEPTION NUMBER 778210), S 8B 0 25'59" E,
A DISTANCE OF 1034.16 FEET TO ITS INTERSECTION WITH THE WESTERLY RIGHT OF
WAY LINE OF 80.00-FOOT-WIDE ROADWAY TO BE DESIGNATED AS GARFIELD COUNTY
ROAD NUMBER 114;
1111 w.,r.-,~llt{,~~ 1¥1L r Ph1Li't4~1.fti1t;,Jtf;lflali:.ilii11J. 11 ii I
Recept10nn: 989962 1
09/27/2023 03:52:18 PM Jacklyn K. Harmon
3 of 4 Reo Fee:$28.00 Doc Fee:0.00 GRRFJELD COUNTY CO
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY RIGHT
OF WAY LINE OF THE SAID GARFIELD COUNTY ROAD NUMBER 114, 264.59 FEET ALONG
THE ARC OF A CIRCULAR CURVE, TORNING TO THE RIGHT WHOSE RADIOS rs 660.00
FEET, (LONG CHORD BEARS S 45°45'17" W, 262.82 FEET) TO A POINT OF
TANGENCY, THE SAID CORNER MONUMENTED BY A SET 5/8 INCH IRON PIN WITH
YELLOW PLASTIC CAP MARKED PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY RIGHT
OF WAY LINE OF THE SAID GARFIELD COUNTY ROAD NUMBER 114,
S 57°14'22" W, A DISTANCE OF 165.99 FEET TO A POINT OF CURVATURE, THE SAID
CORNER MONUMENTED BY A SET 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP
MARKED PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY RIGHT
OF WAY LINE OF THE SAID GARFIELD COUNTY ROAD NUMBER 114, 49.86 FEET ALONG
THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 690.00
FEET, (LONG CHORD BEARS S 55°10' 11" W, 49. 85 FEET) TO ITS INTERSECTION
WITH THE CENTERLINE OF THAT 60-FOOT-WIDE PRESCRIPTIVE EASEMENT DESIGNATED
AS GARFIELD COUNTY ROAD NUMBER 119, THE SAID CORNER MONUMENTED BY A SET
5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP MARKED PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE CENTERLINE OF THE
SAID 60-FOOT-WIDE PRESCRIPTIVE EASEMENT DESIGNATED AS GARFIELD COUNTY ROAD
NUMBER 119 1 THE FOLLOWING SIXTEEN (16) COURSES, WITH THE BEGINNING AND ENO
OF EACH COURSE REFERENCED WESTERLY AND SOUTHERLY 30.00 FEET ON THE
WESTERLY AND SOUTHERLY RIGHT-OF-WAY LINE OF SAID EASEMENT BY A SET 5/8-
INCH IRON PIN WITH 1.25-INCH ALLOY CAP MARKED 'WC' PLS 23875;
l) N 37°29'24" W, A DISTANCE OF 67.32 FEET TO A POINT OF CURVATURE;
2) 179.13 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE
LEFT, WHOSE RADIUS IS 185.00 FEET, (LONG CHORD BEARS N 65°13'43" W,
172.21 FEET) TO A POINT OF TANGENCY;
3) S 87°01'58" W, A DISTANCE OF 897.82 FEET TO A POINT OF CURVATURE;
4)212.46 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE
RIGHT, WHOSE RADIUS IS 185.00 FEET, (LONG CHORD BEARS N 60°04'04" W1
200.97 FEET} TO A POINT OF TANGENCY;
5) N 27°10'06" W, A DISTANCE OF 853.08 FEET TO A POINT OF CURVATURE;
6) 346.12 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE
RIGHT, WHOSE RADIUS IS 1000.00 FEET, (LONG CHORD BEARS N 17°15 1 10"
W, 344.39 FEET) TO A POINT OF TANGENCY;
7) N 07°20'14" W, A DISTANCE OF 311.07 FEET TO A POINT OF CURVATURE;
8) 162.40 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE
LEFT, WHOSE RADIUS IS 600.00 FEET, (LONG CHORD BEARS N 15°05'28" W,
161.90 FEET) TO A POINT OF TANGENCY;
9) N 22°50'42" W, A DISTANCE OF 160.93 FEET TO A POINT OF CURVATURE;
10) 246.76 FEET ALONG THE ARC or A CIRCULAR CURVE, TURNING TO THE
LEFT, WHOSE RADIUS IS 200.00 FEET, (LONG CHORD BEARS N 58°11 1 29" W,
231.41 FEET) TO A POINT OF TANGENCY;
11) S 86°27'45" W, A DISTANCE OF 375.27 FEET TO A POINT OF
CURVATURE;
1111 WJP.1~:r11H,w r.it~.11J11JHh'~"~,N:,~'.:,t•Wm. 11111
Receptiantt: 989962
89/27/2028 03:62:1B PM Jacklyn K. Harmen
4 of 4 Rec Fee:$2B.00 Dec Fee:0.00 GARFIELD COUNTY CO
12) 171.11 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE
RIGHT, WHOSE RADIOS IS 185.00 FEET, (LONG CHORD BEARS N 67°02'26" W,
165.08 FEET) TO A POINT OF TANGENCY;
13) N 40"32'38" W, A DISTANCE OF 66.44 FEET TO A POINT OF CURVATURE;
14) 127.54 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE
LEFT, WHOSE RADIUS IS 200.00 FEET, (LONG CHORD BEARS N 58°48'44 W,
125.39 FEET) TO A POINT OF COMPOUND CURVATURE;
15) 458.04 FEET ALONG THE ARC OF A CIRCULAR COMPOUND CURVE, TURNING
TO THE LEFT, WHOSE RADIUS IS 2529,93 FEET, (LONG CHORD BEARS
N 82°16'03" W, 457.41 FEET) TO ITS INTERSECTION WITH A POINT 30.00
FEET SOUTHERLY OF THE NORTHERLY BOUNDARY LINE OF THE SAID LOT 5;
16) N 88°31'29" w, 30.00 FEET SOUTHERLY OF AND PARALLEL TO THE
NORTHERLY BOUNDARY LINE OF THE SAID LOT 5, A DISTANCE OF 1127,63
FEET TO ITS INTERSECTION WITH THE WESTERLY BOUNDARY LINE OF THE SAID
GOVERNMENT LOT 5;
THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE WESTERLY BOUNDARY
LINE OF THE SAID'GOVERNMENT LOT 5 1 N 01°43'16" E, A DISTANCE OF 30.00 FEET
TO THE POINT OF BEGINNING.
THE SAID TRACT OF LAND IS COMPRISED OF 1,722,541 SQUARE FEET (39.54 ACRES)
MORE OR LESS.
Said parcel is to be merged with a tract of land pn:sently identified as Reception No. 778210 in the records of the
Clerk and Recorder, Garfield County, and said parcel cannot be sold separately from the merged tract of land.
Exhibit 2e
~
LandTltJe
CIWl'x-m".£~
Warranty Deed
(Pursuant to 38-30-1 13 C.R.S.)
State Documentary Fee
Date: May 06, 2021
$200.00
THIS DEED, made on May 6th, 2021 by THE BERKELEY FAMILY LLLP, A COLORADO LIMITED LIABILITY LIMITED
PARTNERSHIP WHICH ACQUIRED 11TLE AS BERKELEY FAMILY LIMITED PARTNERSHIP, A COLORADO UMITE:D
PARTNERSHIP Grantor{s), of the County of Harris and State of Texas for the consideration of ($2,000,000.00) ~ MIilion and
00/100._ dollars in hand paid, hereby sells and conveys to PLUS LAZY K. LLC. A COLORADO LIMITED LIABILITY COMPANY
Grantee{s), whose street address is 3961 COUNTY ROAD 114, Glenwood Springs, CO 81601, County of Garfield, and State of
Colorado, the following real property in the County of Gadield, and State of Colorado, to wit
See attached "Exhibit A"
also known by street and number as: 3961 COUNTY ROAD 114, GLENWOOD SPRINGS, CO 81601
with all 1ts appurtenances and warrants the title to the same, subject to GENERAL TAXES AND ASSESSMENTS FOR THE VEAR
2020 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "B" ATTACHED HERETO
AND INCORPORATED HEREIN.
THE BERKELEY FAMILY LLLP, A COLORADO LIMITED
LIABILITY LIYITED PARTNERSHIP WHICH ACQUIRED
TITLE AS BERKELEY FAMILY UMlTED PARTNERSHIP,
A COLORADO LIMITED PARTNERSHIP
By~ !!l ~~~~~~EN4i~~R ;y-(/,Ai fQ·~v-cy
State of Texas
t
County o1 'fo~r (X,rtc\
)ss.
)
The foregoing instrument was acknoWledged before me on this day ~sfh~.._)Jl.Jt-.., )l:Q X) ,ft, by MIRIAM M. BERKELEY
AS GENERAL PARTNER OF THE BERKELEY FAMILY LLLP, A COLORADO ITED LIABILITY LIMITED PARTNERSHIP
WHICH ACQUIRED TITLE AS BERKELEY FAMILY LIMITED PARmERSHIP, A COLORADO LIMITED PARTNERSHIP
Witness my hand and official seal
My Commission expires: \'lr O ') ·-))D )~
N~Public
-""':::::":!~~--...:-AORJANA LEERKAMP
NOTARY PUBLJc STATE OF IDAs
MY COMM. EXP. 12/061'2Q2a
NOTARY ro i30452o:J...5
When recorded return to: PLUS LAZY K. LLC, A COLORADO LIMITED LIABILITY COMPANY
3961 COUNTY ROAD 114, Glenwood Springs, CO 81601
Form 558 closing/deedsfwd.html 63014106 (491568) Ill I 1111111 U 11111 lfJ lfl If I
PROPERTY DESCRIPTION: RIVENDELL SOD FAFM
A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 5 AND 6 SECTION 32, LOTS
7,8,10,ll,12,14,15,16,17,20,21,22,23, SECTION 33, ALL IN TOWNSHIP 6
SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND ALSO, LOTS 2
AND 3 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, TO WIT;
BEGINNING AT THE SOUTH QUARTER CORNER OF THE SAID SECTION 33, THE SAID
CORNER MONUMENTED BY A FOUND 2IN. BRASS CAPPED PIPE MARKED PELS 5933,
FROM WHENCE THE SOUTHEAST CORNER OF THE SAID SECTION 33 BEARS
S 89°49'18" E, 2682.73 FEET DISTANT, WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO, THE SAID SOUTHEAST CORNER OF THE SAID SECTION 33
MONUMENTED BY A FOUND BLM BRASS CAPPED PIPE (1985);
THENCE, ALONG THE SOUTHERLY BOUNDARY LINE OF LOT 21 DELINEATED ON THAT
GOVERNMENT LAND OFFICE (GLO) SUPPLEMENTAL SURVEY PLAT DATED 29 APRIL,
1893, N 89°39'40" WA DISTANCE OF 1,122.73 FEET, TO THE SOUTHWEST CORNER
THEREOF, THE SAID CORNER MONUMENTED BY A FOUND 3/4IN, IRON PIN WITH
3.5IN. ALLOY CAP MARKED PLS 19598;
THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE SOUTHERLY BOUNDARY
LINE OF LOT 20 OF THE SAID 1893 GLO SURVEY, N 89°40'02" WA DISTANCE OF
1,379.97 FEET TO THE SOUTHWEST CORNER THEREOF, THE SAID CORNER MONUMENTED
BY A FOUND 3/4IN, IRON PIN WITH 3.5IN. ALLOY CAP MARKED PLS 19598;
THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE WESTERLY BOUNDARY
LINE OF THE SAID LOT 20, N 01°58'53" EA DISTANCE OF 822.66 FEET TO THE
NORTHWEST CORNER THEREOF, THE SAID CORNER MONUMENTED BY A FOUND 3/4IN,
IRON PIN WITH 3.5IN. ALLOY CAP MARKED PLS 19598;
THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE WESTERLY BOUNDARY
LINE OF LOT 17 OF THE SAID 1893 GLO SURVEY, N 01°57'39" EA DISTANCE OF
1,241.36 FEET TO THE NORTHWEST CORNER THEREOF, THE SAID CORNER MONUMENTED
BY A FOUND 3/4IN, IRON PIN WITH 3.5IN. ALLOY CAP MARKED PLS 19598;
THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE SOUTHERLY BOUNDARY
LINE OF LOTS 9 AND 6 OF THE SAID 1893 GLO SURVEY, N 87°10'45" WA
DISTANCE OF 1,382.36 FEET TO THE SOUTHWEST CORNER OF THE SAID LOT 6, THE
SAID CORNER MONUMENTED BY A FOUND 2.5IN, IRON PIPE WITH 2.75IN. BRASS CAP
MARKED COUNTY SURVEYOR GARFIELD COUNTY, 1977;
THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE WESTERLY BOUNDARY
LINE OF LOTS 5 AN 6 OF THE SAID 1893 GLO SURVEY, N 01°43'19" EA DISTANCE
OF 1,290.25 FEET TO A POINT ON THE CENTERLINE OF A 60.00-FOOT-WIDE ACCESS
AND UTILITY EASEMENT TO DE DESIGNATED GARFIELD COUNTY ROAD NO. 119, WITH
SIDELINES LENGTHENED OR SHORTENED AS MAY BE REQUIRED (FROM WHENCE THE
NORTHWEST CORNER OF THE SAID LOT 5 BEARS N 01°43'19" E, 30.00 FEET
DISTANT, THE SAID NORTHWEST CORNER OF LOT 5 MONUMENTED BY A FOUND 2.5IN,
IRON PIPE WITH 2.75IN. BRASS CAP MARKED COUNTY SURVEYOR GARFIELD COUNTY,
1977);
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF THE
AFORESAID EASEMENT, ALONG A LINE 30.00 FEET SOUTHERLY OF AND PARALLEL WITH
THE NORTHERLY BOUNDARY LINE OF LOT 5 OF SECTION 32 OF THE SAID 1893 GLO
SURVEY, S 88°31'42" EA DISTANCE OF 1081.93 FEET TO A POINT OF CURVATURE;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF THE
AFORESAID EASEMENT, ALONG A CIRCULAR CURVE TURNING TO THE RIGHT WITH AN ARC
LENGTH OF 503.43 FEET, WITH A RADIUS OF 2529.93 FEET, (CHORD BEARS
S 82°49' '40" E, 502.60 FEET) TO A POINT OF COMPOUND CURVATURE;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF THE
AFORESAID EASEMENT, ALONG A CIRCULAR CURVE TURNING TO THE RIGHT WITH AN ARC
LENGTH OF 127.70 FEET, WITH A RADIUS OF 200.00 FEET, {CHORD BEARS
S 58°50'07" E, 125.54 FEET) TO A POINT OF TANGENCY;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF
THE AFORESAID EASEMENT, S 40°32'38" EA DISTANCE OF 66.44 FEET TO A POINT
OF CURVATURE;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF
THE AFORESAID EASEMENT, ALONG A CIRCULAR CURVE TURNING TO THE LEFT WITH AN
ARC LENGTH OF 171.11 FEET, WITH A RADIUS OF 185.00 FEET, (CHORD BEARS
S 67°02'26" E, SOUTHEASTERLY, 165.08 FEET) TO A POINT OF TANGENCY;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF
THE AFORESAID EASEMENT, N 86°27'45" EA DISTANCE OF 375.27 FEET TO A POINT
OF CURVATURE;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF
THE AFORESAID EASEMENT, ALONG A CIRCULAR CURVE TURNING TO THE RIGHT WITH
AN ARC LENGTH OF 246.76 FEET, WITH A RADIUS OF 200.00 FEET, (CHORD BEARS
S 58°11'29" E, SOUTHEASTERLY, 231.41 FEET) TO A POINT OF TANGENCY;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF
THE AFORESAID EASEMENT, S 22°50'42" EA DISTANCE OF 160.93 FEET TO A POINT
OF CURVATURE;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF
THE AFORESAID EASEMENT, ALONG A CIRCULAR CURVE TURNING TO THE RIGHT WITH
AN ARC LENGTH OF 162.40 FEET, WITH A RADIUS OF 600.00 FEET, (CHORD BEARS
S 15°05'28" E, SOUTHERLY, 161.90 FEET) TO A POINT OF TANGENCY;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF
THE AFORESAID EASEMENT, S 07°20'14" EA DISTANCE OF 311.07 FEET TO A POINT
OF CURVATURE;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF
THE AFORESAID EASEMENT, ALONG A CIRCULAR CURVE TURNING TO THE LEFT WITH AN
ARC LENGTH OF 346.12 FEET, WITH A RADIUS OF 1000.00 FEET, (CHORD BEARS
S 17°15'10" E, SOUTHERLY, 344.39 FEET) TO A POINT OF TANGENCY;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF
THE AFORESAID EASEMENT, S 27°10'06" EA DISTANCE OF 853.08 FEET TO A POINT
OF CURVATURE;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF
THE AFORESAID EASEMENT, ALONG A CIRCULAR CURVE TURNING TO THE LEFT WITH AN
ARC LENGTH OF 212.46 FEET, WITH A RADIUS OF 185.00 FEET, (CHORD BEARS
S 60°04'04" E, SOUTHEASTERLY, 200.97 FEET) TO A POINT OF TANGENCY;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF
THE AFORESAID EASEMENT, N 87°01'58" EA DISTANCE OF 897.82 FEET TO A POINT
OF CURVATURE;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF
THE AFORESAID EASEMENT, ALONG A CIRCULAR CURVE TURNING TO THE RIGHT WITH
AN ARC LENGTH OF 179.13 FEET, WITH A RADIUS OF 185.00 FEET, (CHORD BEARS
S 65~13'43" E, SOUTHEASTERLY, 172.21 FEET) TO A POINT OF TANGENCY;
THENCE, DEPARTING FROM THE AFORESAID COURSE, S 37°29'24" EA DISTANCE OF
67.32 FEET TO A POINT ON THE FUTURE 80.00-FOOT-WIDE NORTHWESTERLY RIGHT-
OF-WAY LINE OF GARFIELD COUNTY ROAD 114, THE SAID POINT MONUMENTED BY A
SET 5/8IN. IRON PIN WITH YELLOW PLASTIC CAP PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE FUTURE
NORTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD 114, ALONG A NON-
TANGENTIAL CIRCULAR CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF
278.28 FEET, WITH A RADIUS OF 690.00 FEET, (CHORD BEARS S 41°33'27" W,
276.40 FEET) TO A POINT OF TANGENCY, THE SAID POINT MONUMENTED BY A SET
5/8IN. IRON PIN WITH YELLOW PLASTIC CAP PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE FUTURE
NORTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD 114, S 30°00'13"
WA DISTANCE OF 305.97 FEET TO A POINT OF CURVATURE, THE SAID POINT
MONUMENTED BY A SET 5/8IN. IRON PIN WITH YELLOW PLASTIC CAP PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE FUTURE
NORTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD 114, ALONG A
CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 14.36 FEET, WITH A RADIUS
OF 1040.00 FEET, {CHORD BEARS S 29°36'28" W, 14.36 FEET) TO A POINT OF
TANGENCY, THE SAID POINT MONUMENTED BY A SET 5/8IN. IRON PIN WITH YELLOW
PLASTIC CAP PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE FUTURE
NORTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD 114, S 29°12'44"
WA DISTANCE OF 230.39 FEET TO A POINT OF CURVATURE, THE SAID POINT
MONUMENTED BY A SET 5/8IN. IRON PIN WITH YELLOW PLASTIC CAP PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE FUTURE
NORTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD 114, ALONG A
CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 385.64 FEET, WITH A
RADIUS OF 650.00 FEET, (CHORD BEARS S 12°12'55" W, 380.01 FEET) TO A
POINT OF TANGENCY, THE SAID POINT MONUMENTED BY A SET 5/8IN. IRON PIN
WITH YELLOW PLASTIC CAP PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE FUTURE
NORTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD 114, S 04°46'53"
EA DISTANCE OF 109.17 FEET TO A POINT OF CURVATURE, THE SAID POINT
MONUMENTED BY A SET 5/8IN. IRON PIN WITH YELLOW PLASTIC CAP PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE FUTURE
NORTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD 114, ALONG A
CIRCULAR CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 308.25 FEET,
WITH A RADIUS OF 570.00 FEET, (CHORD BEARS S 10°42'40" W, 304.51 FEET) TO
A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF THE SAID SECTION 4
FROM WHENCE THE NORTH SIXTEENTH CORNER THEREOF BEARS S 00°11'54" E,
1061.98 FEET DISTANT, THE SAID CORNER MONUMENTED BY A FOUND 2.5IN, IRON
PIPE WITH 2.75IN. BRASS CAP MARKED COUNTY SURVEYOR GARFIELD COUNTY, 1977,
THE SAID POINT MONUMENTED BY A SET 5/BIN. IRON PIN WITH YELLOW PLASTIC
CAP PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE, N 00°11'54" E ALONG THE WEST
LINE OF THE NORTHWEST QUARTER OF THE SAID SECTION 4, A DISTANCE OF 279.11
FEET TO THE POINT OF BEGINNING.
THE SAID PARCEL IS COMPRISED OF 7,956,987 SQUARE FEET, (182.67 ACRES),
MORE OR LESS.
EXHIBIT'B'
Property Address: 3961 COUNTY ROAD 114, GLENWOOD SPRINGS, CO 81601
1. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE
FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 30,
1895, IN BOOK 12 AT PAGE 376 AND RECORDED AUGUST 6, 1895 IN BOOK 12AT PAGE 378 AND RECORDED MAY 28, 1974
IN BOOK 459 AT PAGE 525.
2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN
UNITED STATES PATENT RECORDED JULY 30, 1895, IN BOOK 12 AT PAGE 376 AND RECORDED AUGUST 6, 1895 IN BOOK
12 AT PAGE 378, AND RECORDED SEPTEMBER 23, 1912 IN BOOK 71 AT PAGE 560 AND RECORDED MAY 28, 1974 IN BOOK
459 AT PAGE 525 AND RECORDED FEBRUARY 26, 1952 IN BOOK 263 AT PAGE 239.
3. ALL COAL AND OTHER MINERALS, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME
PURSUANT TO THE PROVISIONS AND LIMITATIONS OF THE ACT OF DECEMBER 29, 1916 (39 STAT. 862) AS RESERVED BY
THE UNITED STATES OF AMERICA IN THE PATEN RECORDED FEBRUARY 26, 1952 IN BOOK 263 AT PAGE 239.
4. ROAD PETITION RECORDED JUNE 12, 1929 IN BOOK 2 AT PAGE 11.
5. ROAD VIEWING REPORT RECORDED JUNE 12, 1929 IN BOOK 2 AT PAGE 86 AS RECEPTION NO. 104593.
6. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 79-64 RECORDED JUNE 19, 1979 IN BOOK 530 AT PAGE 93.
7. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED MAY 02, 1991 IN BOOK 803 AT PAGE
445.
8. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 14, 1992 IN BOOK 841 AT PAGE 512.
9. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT RECORDED MAY 07, 1997 IN BOOK 1017 AT PAGE 945.
10. TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT RECORDED NOVEMBER 12, 1997 IN BOOK 1042 AT PAGE
134.
11. TERMS, CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION RECORDED JULY23, 2001 AT RECEPTION NO. 584839.
12. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 30, 2001 IN BOOK 1282 AT PAGE 8.
13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 02-109 RECORDED DECEMBER 23, 2002 IN BOOK 1419 AT
PAGE563.
14. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 2004-110 RECORDED NOVEMBER 19, 2004 AT RECEPTION NO.
663716.
15. THE EFFECT OF ANY FAILURE TO COMPLY WITH THE TERMS, CONDITIONS AND PROVISIONS OF DEED OF
CONSERVATION AGREEMENT RECORDED DECEMBER 22, 2004 AT RECEPTION NO. 665794 AND FIRST AMENDED AND
RESTATED DEED OF CONSERVATION RECORDED OCTOBER 24, 2005 UNDER RECEPTION NO. 684872 AND SECOND
AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT RECORDED NOVEMBER 2, 2006 UNDER RECEPTION
NO. 710348AND THIRD AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT RECORDED JULY 24, 2007
UNDER RECEPTION NO. 728890 FOURTH AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT RECORDED
OCTOBER 3, 2008 UNDER RECEPTION NO. 756747 AND FIRST AMENDMENT TO THE FOURTH AMENDED AND RESTATED
DEED OF CONSERVATION EASEMENT RECORDED AUGUST 26, 2009 UNDER RECEPTION NO. 774022 AND FIFTH
AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT RECORDED SEPTEMBER 20, 2019 UNDER RECEPTION
NO. 925748.
16. TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT DEED RECORDED MARCH 01, 2010 AT RECEPTION NO.
782646 AND CORRECTED DEED RECORDED NOVEMBER 29, 2010 UNDER RECEPTION NO. 794921.
17. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2012-80 RECORDED SEPTEMBER 05, 2012 AT RECEPTION
NO. 823748.
18. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE AFFIDAVIT RECORDED DECEMBER 19, 2012 AT RECEPTION
NO. 828747.
19. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE AFFIDAVIT RECORDED DECEMBER 19, 2012 AT RECEPTION
NO. 828750.
20. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2013-29 RECORDED MAY 07, 2013 AT RECEPTION NO.
834952.
21. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2013-74 RECORDED OCTOBER 15, 2013 AT RECEPTION NO.
842009.
22. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2016-35 RECORDED MAY 02, 2016 AT RECEPTION NO.
876660.
23. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2016-36 RECORDED MAY 06, 2016 AT RECEPTION NO.
876835.
24. TERMS, CONDITIONS AND PROVISIONS OF VACATION AND ABANDONMENT OF EASEMENT AND GRANT OF EASEMENT
RECORDED JULY 17, 2019 AT RECEPTION NO. 922977.
25. TERMS , CONDITIONS AND PROVISIONS OF ACCESS, UTILITY, DRAINAGE AND RIGHT-OF-WAY EASEMENT DEED
RECORDED JULY 17, 2019 AT RECEPTION NO. 922979.
26. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF FINAL PLAT
LAKE SPRINGS RANCH PUD -FILING NO. 2 RECORDED SEPTEMBER 11, 2019 UNDER RECEPTION NO. 925310.
27. TERMS, CONDITIONS, PROVISIONS , BURDENS AND OBLIGATIONS AS SET FORTH IN LAKE SPRINGS RANCH PUD, FILING
2 SUBDIVISION IMPROVEMENTS AGREEMENT RECORDED SEPTEMBER 11, 2019 UNDER RECEPTION NO. 925311.
28. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AFFORDABLE HOUSING PLAN AND
AGREEEMENT LAKE SPRINGS RANCH PUD RECORDED SEPTEMBER 11, 2019 UNDER RECEPTION NO. 925312.
29. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AMENDED AND RESTATED
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASMENTS FOR LAKE SPRINGS RANCH PUD
RECORDED SEPTEMBER 11, 2019 UNDER RECEPTION NO. 925313.
30. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN
VACATION AND ABANDONMENT OF EASEMENT RECORDED DECEMBER 08, 2020 UNDER RECEPTION NO. 946639.
31. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN HOLY
CROSS ENERGY RIGHT-OF-WAY EASEMENT RECORDED DECEMBER 08, 2020 UNDER RECEPTION NO. 946640.
32. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. PC-2020-04
RECORDED JANUARY 25, 2021 UNDER RECEPTION NO. 949223.
33. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 2021-07
RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950664.
34. TERMS , CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 2021-08
RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950665.
35. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AGREEMENT FOR RELEASE OF
SECURITY FOR LAKE SPRINGS RANCH FILING 2 RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950666.
36. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN SPRING VALLEY ROAD (AKA COUNTY
ROAD 119) EASEMENT VACATION RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950667.
37. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN VACATION PLAT A PART OF 1926
SPRING VALLEY ROAD (ALSO KNOWN AS COUNTY ROAD 114) RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO.
950668.
38. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN
COUNTY ROAD 119 RIGHT -OF -WAY EASEMENT RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950669.
39. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN RIGHT·
OF-WAY EASEMENT DEED RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950670.
40. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN LAKE SPRINGS RANCH P.U.D. FILING
NO. 1 LAKE SPRINGS RANCH DRIVE & LAKE SPRINGS RANCH PLACE VACATION RECORDED FEBRUARY 19, 2021 UNDER
RECEPTION NO. 950671.
41. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN LAKE SPRINGS RANCH P.U.D. FILING
NO. 2 MIRIAM COURT, RIVENDELL COURT & SPRING VALLEY ROAD VACATION RECORDED FEBRUARY 19, 2021 UNDER
RECEPTION NO. 950672.
42. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VACATION PLAT
LAKE SPRINGS RANCH P.U.D. FILINGS 1 & 2 RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950673.
Account Number R111780 Certificate Number 2022-01508
Parcel 218733400107 Acres 36.000
Order Number
Assessed To Vendor ID 4
BERKELEY FAMILY, LLLP
1302 WAUGH DRIVE #684
HOUSTON, TX 77019
Land Title
1317 Grand Ave
#200
Glenwood Springs, CO 81601
Legal Description Situs Address
Section: 33 Township: 6 Range: 88 A TR IN SEC. 33.004401 114 COUNTY RD
Year Tax Interest Fees Payments Balance
Tax Charge
2021 $4,391.52 $0.00 $0.00 ($4,391.52)$0.00
Total Tax Charge $0.00
Grand Total Due as of 05/16/2022 $0.00
Tax Billed at 2021 Rates for Tax Area 012 - 1R-MF1 - 012
Authority Mill Levy Amount
GARFIELD COUNTY 13.5610000 $710.87
GARFIELD COUNTY - ROAD & B 0.0940000 $4.93
SPRING VALLEY SAN 4.0000000 $209.68
CARBONDALE & RURAL FIRE 12.6070000 $660.85
BASALT WATER CONSER 0.0350000*$1.83
COLO RIVER WATER CONS 0.5010000 $26.26
SCHOOL DISTRICT RE-1 46.4620000* $2,435.53
COLORADO MTN COLLEGE 4.0130000 $210.36
GARFIELD COUNTY PUBLIC LIBR 2.5030000 $131.21
Taxes Billed 2021 83.7760000 $4,391.52
* Credit Levy
Values Actual Assessed
GRAZING LAND-
AGRICULTURAL
$1,980 $570
FARM/RANCH
RESIDENCE-IMPS
$725,160 $51,850
Total $727,140 $52,420
Balances due for Tax Sale Liens are subject to change due to endorsement of current taxes by the lienholder or to advertising and
distraint warrant fees that may be added after Sepember 1, 2022, making it advisable to contact the Treasurer's Office prior to
remittance.
TO AVOID DELAYS IN THE ISSUANCE OF CERTIFICATES OF REDEMPTION, IT IS RECOMMENDED THAT PAYMENTS TO
REDEEM TAX LIENS BE MADE WITH CERTIFIED FUNDS, DEFINED AS CASH, CASHIER'S CHECK, MONEY ORDER OR WIRE
TRANSFER.
Special taxing districts and the boundaries of such districts may be on file with the Board of County Commissioners, the County Clerk, or
the County Assessor.
This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax
or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically
mentioned.
I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all
outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount
required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal.
GARFIELD COUNTY TREASURER
Certificate of Taxes Due
May 16, 2022 12:38:06 PM Page 1 of 2
Exhibit 2f
GARFIELD COUNTY TREASURER
Certificate of Taxes Due
May 16, 2022 12:38:06 PM Page 2 of 2
Carrie Couey
Treasurer, Garfield County
109 811' St reet, Suite 204
Glenwood Springs, CO 81601
Account Number P015968 Certificate Number 2022-02249
Parcel Acres 0.00
Order Number
Assessed To Vendor ID 4
BERKELEY FAMILY, LLLP
1302 WAUGH DRIVE #684
HOUSTON, TX 77019
Land Title
1317 Grand Ave
#200
Glenwood Springs, CO 81601
Legal Description Situs Address
EQUIP, FURN, FIXTURES - 2187-334-00-107 - 4401 COUNTY ROAD 114, GLENWOOD SPRINGS
CO 81601
4401 114 COUNTY RD
Year Tax Interest Fees Payments Balance
Grand Total Due as of 08/23/2022 $0.00
Balances due for Tax Sale Liens are subject to change due to endorsement of current taxes by the lienholder or to advertising and
distraint warrant fees that may be added after Sepember 1, 2022, making it advisable to contact the Treasurer's Office prior to
remittance.
TO AVOID DELAYS IN THE ISSUANCE OF CERTIFICATES OF REDEMPTION, IT IS RECOMMENDED THAT PAYMENTS TO
REDEEM TAX LIENS BE MADE WITH CERTIFIED FUNDS, DEFINED AS CASH, CASHIER'S CHECK, MONEY ORDER OR WIRE
TRANSFER.
Special taxing districts and the boundaries of such districts may be on file with the Board of County Commissioners, the County Clerk, or
the County Assessor.
This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax
or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically
mentioned.
I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all
outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount
required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal.
GARFIELD COUNTY TREASURER
Certificate of Taxes Due
Aug 23, 2022 11:54:53 AM Page 1 of 1
Carrie Couey
Treasurer, Garfield County
109 811' Street, Suite 204
Glenwood Springs, CO 81601
Account Number R084565 Certificate Number 2022-02250
Parcel 218733300153 Acres 242.400
Order Number
Assessed To Vendor ID 4
BERKELEY FAMILY LIMITED PARTNERSHIP
1302 WAUGH DRIVE #684
HOUSTON, TX 77019
Land Title
1317 Grand Ave
#200
Glenwood Springs, CO 81601
Legal Description Situs Address
Section: 33 Township: 6 Range: 88 THAT PARCEL OF LAND IDENTIFIED AS THE "REMAINDER PARCEL", AS PER VACATION
PLAT RECEPTION NO. 950673. EXCEPT THAT 182.67 AC. +/- PARCEL OF LAND AS DESCRIBED PER WARRANTY DEED
RECEPTION NO. 955848 (242.4 AC)
3961 114 COUNTY RD
Year Tax Interest Fees Payments Balance
Tax Charge
2021 $770.72 $0.00 $0.00 ($770.72)$0.00
Total Tax Charge $0.00
Grand Total Due as of 08/23/2022 $0.00
Tax Billed at 2021 Rates for Tax Area 012 - 1R-MF1 - 012
Authority Mill Levy Amount
GARFIELD COUNTY 13.5610000 $124.76
GARFIELD COUNTY - ROAD & B 0.0940000 $0.86
SPRING VALLEY SAN 4.0000000 $36.80
CARBONDALE & RURAL FIRE 12.6070000 $115.98
BASALT WATER CONSER 0.0350000*$0.32
COLO RIVER WATER CONS 0.5010000 $4.61
SCHOOL DISTRICT RE-1 46.4620000*$427.44
COLORADO MTN COLLEGE 4.0130000 $36.92
GARFIELD COUNTY PUBLIC LIBR 2.5030000 $23.03
Taxes Billed 2021 83.7760000 $770.72
* Credit Levy
Values Actual Assessed
GRAZING LAND-
AGRICULTURAL
$6,480 $1,880
FARM/RANCH
RESIDENCE-IMPS
$98,010 $7,010
OTHER BLDGS.-
AGRICULTURAL
$1,080 $310
Total $105,570 $9,200
Balances due for Tax Sale Liens are subject to change due to endorsement of current taxes by the lienholder or to advertising and
distraint warrant fees that may be added after Sepember 1, 2022, making it advisable to contact the Treasurer's Office prior to
remittance.
TO AVOID DELAYS IN THE ISSUANCE OF CERTIFICATES OF REDEMPTION, IT IS RECOMMENDED THAT PAYMENTS TO
REDEEM TAX LIENS BE MADE WITH CERTIFIED FUNDS, DEFINED AS CASH, CASHIER'S CHECK, MONEY ORDER OR WIRE
TRANSFER.
Special taxing districts and the boundaries of such districts may be on file with the Board of County Commissioners, the County Clerk, or
the County Assessor.
This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax
or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically
mentioned.
I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all
outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount
required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal.
GARFIELD COUNTY TREASURER
Certificate of Taxes Due
Aug 23, 2022 12:00:33 PM Page 1 of 2
GARFIELD COUNTY TREASURER
Certificate of Taxes Due
Aug 23, 2022 12:00:33 PM Page 2 of 2
Carrie Couey
Treasurer, Garfield County
109 811' St reet, Suite 204
Glenwood Springs, CO 81601
Customer Distribution
Prevent fraud - Please call a member of our closing team for wire transfer
instructions or to initiate a wire transfer. Note that our wiring instructions will
never change.
Order Number: ABS64005037-12 Date: 02/28/2024
Property Address: VACANT LAND, GLENWOOD SPRINGS, CO 81601
For Closing Assistance Closing Processor For Title Assistance
Angie Apolinario
200 BASALT CENTER CIRCLE
BASALT, CO 81621
PO BOX 3440
(970) 880-7044 (Work)
(800) 831-9561 (Work Fax)
aapolinario@ltgc.com
Contact License: CO530370
Company License: CO44565
Rachael Schloemer
200 BASALT CENTER CIRCLE
BASALT, CO 81621
PO BOX 3440
(970) 945-2610 (Work)
(877) 346-4115 (Work Fax)
rschloemer@ltgc.com
Company License: CO44565
George Rietsch
5975 GREENWOOD PLAZA
BLVD
GREENWOOD VILLAGE, CO
80111
(303) 850-4151 (Work)
grietsch@ltgc.com
Buyer/Borrower
LONGHORN OPPORTUNITY FUND 1, LP
Attention: HAYTHEM DAWLETT, MANAGING
PARTNER
(512) 848-2699 (Cell)
(512) 306-1444 (Work)
H.DAWLETT@LONGHORNOPPORTUNITYFUND.COM
G.DAWLETT@LONGHORNOPPORTUNITYFUND.COM
Delivered via: Electronic Mail
Agent for Seller
CHRISTIE'S INTERNATIONAL REAL ESTATE
Attention: JENNIFER BANNER
520 E. DURANT, SUITE 205
ASPEN, CO 81611
(970) 471-6200 (Cell)
(970) 471-6200 (Work)
(855) 214-8150 (Work Fax)
jennifer@christiesaspenre.com
Delivered via: Electronic Mail
Seller/Owner
BERKELEY FAMILY LLLP
Attention: MIRIAM M. BERKELEY, MANAGING
PARTNER
Delivered via: Electronic Mail
Attorney for Seller
JVAM LAW
PO BOX 878
901 GRAND AVE #201
GLENWOOD SPRINGS, CO 81601
(970) 922-2122 (Work)
ryan@jvamlaw.com
Delivered via: Electronic Mail
~
Land Title·
GUARANTEE COMPANY
-Since 1967 -
Agent for Buyer
ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL
REALTY
Attention: PETER GRENNEY
415 E HYMAN AVE
ASPEN, CO 81611
(970) 456-7343 (Cell)
(970) 925-6060 (Work)
(970) 920-9993 (Work Fax)
petergrenney@gmail.com
Delivered via: Electronic Mail
Surveyor
TG MALLOY CONSULTING
Attention: TIM MALLOY
402 PARK AVE
GLENWOOD SPRINGS, CO 81601
(970) 945-0832 (Work)
tim@tgmalloy.com
Delivered via: Electronic Mail
Estimate of Title Fees
Order Number: ABS64005037-12 Date: 02/28/2024
Property Address: VACANT LAND, GLENWOOD SPRINGS, CO 81601
Seller(s): THE BERKELEY FAMILY LLLP, A COLORADO LIMITED LIABILITY LIMITED
PARTNERSHIP
Buyer(s): LONGHORN OPPORTUNITY FUND I, LP, A TEXAS LIMITED PARTNERSHIP
Thank you for putting your trust in Land Title. Below is the estimate of title fees for the
transaction. The final fees will be collected at closing. Visit ltgc.com to learn more about
Land Title.
Estimate of Title Insurance Fees
"ALTA" Owner's Policy 06-17-06 $15,057.00
Deletion of Standard Exception(s)$100.00
Tax Certificate x2 $54.00
TOTAL $15,211.00
Note: The documents linked in this commitment should be reviewed carefully. These
documents, such as covenants conditions and restrictions, may affect the title, ownership and
use of the property. You may wish to engage legal assistance in order to fully understand and
be aware of the implications of the documents on your property.
Chain of Title Documents:
Garfield county recorded 09/27/2023 under reception no. 989962
Garfield county recorded 09/27/2023 under reception no. 989961
Garfield county recorded 12/19/2012 under reception no. 828748
Garfield county recorded 12/19/2012 under reception no. 828747
Garfield county recorded 11/24/2009 under reception no. 778210
Garfield county recorded 04/22/1994 under reception no. 462134
Garfield county recorded 09/15/1989 under reception no. 405633
~
Land Title·
GUARANTEE COMPANY
-Since 1967 -
Property Address:
VACANT LAND, GLENWOOD SPRINGS, CO 81601
1.Effective Date:
02/09/2024 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"ALTA" Owner's Policy 06-17-06
Proposed Insured:
LONGHORN OPPORTUNITY FUND I, LP, A TEXAS LIMITED
PARTNERSHIP
$9,260,000.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
A FEE SIMPLE
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
THE BERKELEY FAMILY LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP
5.The Land referred to in this Commitment is described as follows:
A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 12,13,14, 22, 23,
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33,
THE SOUTHWEST QUARTER OF SECTION 34,
TOWNSHIP 6 SOUTH,
AND LOTS 1,2,3,9,
THE NORTHEAST QUARTER OF SECTION 4,
TOWNSHIP 7 SOUTH,
ALL IN RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN
WITH ALL LOTTING REFERENCING THAT GOVERNMENT LAND OFFICE (GLO)
SUPPLEMENTAL SURVEY PLAT DATED 29 APRIL, 1893,
COUNTY OF GARFIELD, STATE OF COLORADO, TO WIT;
BEGINNING AT THE SOUTHEAST CORNER OF THE SAID SECTION 33,
THE SAID CORNER MONUMENTED BY A FOUND 2INCH IRON PIPE
WITH BLM BRASS CAP, FROM WHENCE THE SOUTH QUARTER CORNER THEREOF,
MONUMENTED BY A FOUND ¾ INCH IRON PIN WITH 2.75 INCH ALLOY CAP
MARKED PELS 5933 BEARS N 89°49'18” W, 2682.72 FEET DISTANT,
WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE, DEPARTING FROM THE AFORESAID COURSE
AND BEING COINCIDENT WITH THE NORTHWESTERLY BOUNDARY LINE
OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878747, S 16°39'52" W,
A DISTANCE OF 217.38 FEET, THE SAID CORNER MONUMENTED
BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE
AND CONTINUING ALONG THE SAID NORTHWESTERLY BOUNDARY LINE
(RECEPTION NUMBER 878747), S 27°00'32" W, A DISTANCE OF 277.20 FEET,
THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN
WITH YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE
AND CONTINUING ALONG THE SAID NORTHWESTERLY BOUNDARY LINE
(RECEPTION NUMBER 878747), S 48°11'02" W, A DISTANCE OF 452.97 FEET,
THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN
WITH YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:ABS64005037-12
AND CONTINUING ALONG THE SAID NORTHWESTERLY BOUNDARY LINE
(RECEPTION NUMBER 878747), N 89°49'27" W, A DISTANCE OF 293.53 FEET
TO A POINT OF CURVATURE,
THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN
WITH YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE
AND CONTINUING ALONG THE SAID NORTHWESTERLY BOUNDARY LINE
(RECEPTION NUMBER 878747), 188.62 FEET ALONG THE ARC OF A CIRCULAR CURVE,
TURNING TO THE RIGHT WHOSE RADIUS IS 200.01 FEET,
(CHORD BEARS N 62°48'04" W, 181.71 FEET) TO A POINT OF TANGENCY,
THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN
WITH YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE
AND CONTINUING ALONG THE SAID NORTHWESTERLY BOUNDARY LINE
(RECEPTION NUMBER 878747), N 35°45'36" W, A DISTANCE OF 8.96 FEET,
THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN
WITH YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE
AND CONTINUING ALONG THE SAID NORTHWESTERLY BOUNDARY LINE
(RECEPTION NUMBER 878747), 101.08 FEET
ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE,
TURNING TO THE RIGHT WHOSE RADIUS IS 330.00 FEET,
(CHORD BEARS S 57°47'34" W, 100.68 FEET),
TO A POINT ON AN EXISTING WIRE FENCE,
THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN
WITH YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE
AND ALONG THE COURSE OF THE SAID WIRE FENCE,
ALONG A PART OF THE EASTERLY BOUNDARY LINE
OF THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 828748,
AND BEING COINCIDENT WITH THE NORTHWESTERLY BOUNDARY LINE
OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878747, S 10°47'27" E,
A DISTANCE OF 647.87 FEET TO THE SOUTHERLY TERMINUS OF THE SAID WIRE FENCE,
THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN
WITH YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE
AND ALONG THE COURSE OF THE SAID WIRE FENCE,
ALONG THE SOUTHERLY BOUNDARY LINE OF THAT PARCEL
OF LAND DESCRIBED UNDER RECEPTION NUMBER 828748,
AND THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 778209,
AND BEING COINCIDENT WITH THE NORTHWESTERLY BOUNDARY LINE
OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878747, N 89°15'46" W,
A DISTANCE OF 1728.18 FEET TO THE WESTERLY TERMINUS THEREOF,
A POINT ON THE EASTERLY BOUNDARY LINE OF LOT 10 IN THE SAID SECTION 4,
THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN
WITH YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE
AND ALONG THE EASTERLY BOUNDARY LINE OF THE SAID LOT 10, N 02°51'47” E,
A DISTANCE OF 0.99 FEET TO THE SOUTHWEST CORNER OF LOT 9,
IN THE SAID SECTION 4,
THE SAID CORNER MONUMENTED BY A FOUND 2.5IN, IRON PIPE
WITH 2.75IN. BRASS CAP MARKED COUNTY SURVEYOR GARFIELD COUNTY, 1977;
THENCE, DEPARTING FROM THE AFORESAID COURSE
AND ALONG THE WESTERLY BOUNDARY LINE OF THE SAID LOT 9, N 00°11'54" W,
A DISTANCE OF 1061.98 FEET TO A POINT OF INTERSECTION
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:ABS64005037-12
WITH THE NORTHWESTERLY RIGHT-OF-WAY LINE OF A PROPOSED 80-FOOT-WIDE
GARFIELD COUNTY ROAD NO. 114, FROM WHENCE THE SOUTH QUARTER CORNER
OF THE SAID SECTION 33, BEARS N 00°11'54” W, 279.11 FEET DISTANT,
THE SAID QUARTER CORNER MONUMENTED BY A FOUND 2IN. BRASS CAPPED PIPE
MARKED PELS 5933, THE SAID POINT OF INTERSECTION MONUMENTED
BY A SET 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875;
THENCE, DEPARTING FROM THE AFORESAID COURSE
AND ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF THE SAID 80 FOOT WIDE
COUNTY ROAD NO. 114, THE FOLLOWING EIGHTEEN (18) COURSES,
EACH COURSE MONUMENTED BY A SET 5/8 INCH IRON PIN
WITH YELLOW PLASTIC CAP, PLS 23875:
1. 308.25 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE,
TURNING TO THE LEFT WHOSE RADIUS IS 570.00 FEET,
(CHORD BEARS N 10°42'40" E, 304.51 FEET) TO A POINT OF TANGENCY;
2. N 04°46'53" W, A DISTANCE OF 109.17 FEET TO A POINT OF CURVATURE;
3. 385.64 FEET ALONG THE ARC OF A CIRCULAR CURVE,
TURNING TO THE RIGHT WHOSE RADIUS IS 650.00 FEET,
(CHORD BEARS N 12°12'55" E, 380.01 FEET) TO A POINT OF TANGENCY;
4. N 29°12'44" E, A DISTANCE OF 305.97 FEET TO A POINT OF CURVATURE;
5. 14.36 FEET ALONG THE ARC OF A CIRCULAR CURVE,
TURNING TO THE RIGHT WHOSE RADIUS IS 1040.00 FEET,
(CHORD BEARS N 29°36'28" E, 14.36 FEET) TO A POINT OF TANGENCY;
6. N 30°00'13" E, A DISTANCE OF 305.97 FEET TO A POINT OF CURVATURE;
7. 328.00 FEET ALONG THE ARC OF A CIRCULAR CURVE,
TURNING TO THE RIGHT WHOSE RADIUS IS 690.00 FEET,
(CHORD BEARS N 43°37'17" E, 324.92 FEET) TO A POINT OF TANGENCY;
8. N 57°14'22" E, A DISTANCE OF 165.99 FEET TO A POINT OF CURVATURE;
9. 267.77 FEET ALONG THE ARC OF A CIRCULAR CURVE,
TURNING TO THE LEFT, WHOSE RADIUS IS 660.00 FEET;
(LONG CHORD BEARS N 45°37'00" E, 265.94 FEET) TO A POINT OF TANGENCY;
10. N 33°59'38" E, A DISTANCE OF 136.05 FEET TO A POINT OF CURVATURE;
11. 215.78 FEET ALONG THE ARC OF A CIRCULAR CURVE,
TURNING TO THE RIGHT, WHOSE RADIUS IS 690.00 FEET;
(LONG CHORD BEARS N 42°57'09" E, 214.90 FEET) TO A POINT OF TANGENCY;
12. N 51°54'41" E, A DISTANCE OF 50.15 FEET TO A POINT OF CURVATURE;
13. 91.60 FEET ALONG THE ARC OF A CIRCULAR CURVE,
TURNING TO THE LEFT, WHOSE RADIUS IS 860.00 FEET;
(LONG CHORD BEARS N 48°51'36" E, 91.56 FEET) TO A POINT OF TANGENCY;
14. N 45°48'31" E, A DISTANCE OF 161.63 FEET TO A POINT OF CURVATURE;
15. 31.19 FEET ALONG THE ARC OF A CIRCULAR CURVE,
TURNING TO THE LEFT, WHOSE RADIUS IS 960.00 FEET;
(LONG CHORD BEARS N 44°52'40" E, 31.19 FEET) TO A POINT OF TANGENCY;
16. N 43°56'50" E, A DISTANCE OF 184.24 FEET TO A POINT OF CURVATURE;
17. 220.33 FEET ALONG THE ARC OF A CIRCULAR CURVE,
TURNING TO THE LEFT, WHOSE RADIUS IS 3960.00 FEET;
(LONG CHORD BEARS N 42°21'12" E, 220.30 FEET) TO A POINT OF TANGENCY;
18. N 40°45'34" E, A DISTANCE OF 257.90 FEET TO A POINT
ON THE NORTHERLY BOUNDARY LINE OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF THE SAID SECTION 33,
AND COINCIDENTAL WITH THE SOUTHERLY BOUNDARY LINE
OF THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 686804,
FROM WHENCE THE NORTHWEST CORNER THEREOF,
MONUMENTED BY A FOUND 2 INCH IRON PIPE WITH 2.75 INCH BRASS CAP
MARKED PELS 5933, BEARS N 88°26'25” W, 608.20 FEET DISTANT;
THENCE, DEPARTING FROM THE AFORESAID PROPOSED NORTHWESTERLY
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:ABS64005037-12
RIGHT-OF-WAY LINE OF A PROPOSED 80-FOOT-WIDE GARFIELD COUNTY ROAD NO. 114,
AND ALONG THE NORTHERLY BOUNDARY LINE OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF THE SAID SECTION 33, S 88°26'25" E,
A DISTANCE OF 647.97 FEET TO THE EAST QUARTER CORNER OF THE SAID SECTION 33,
SAID CORNER MONUMENTED BY A FOUND ¾ INCH IRON PIN
WITH 2.5IN. ALLOY CAP MARKED PELS 5933;
THENCE, DEPARTING FROM THE AFORESAID COURSE
AND ALONG THE NORTHERLY BOUNDARY LINE OF THAT PARCEL OF LAND
DESCRIBED IN THAT INSTRUMENT RECORDED UNDER RECEPTION NUMBER 828748,
AND COINCIDENTAL WITH THE SOUTHERLY BOUNDARY LINE
OF THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 686804,
N 89°58'17" E, A DISTANCE OF 198.91 FEET TO THE NORTHWEST CORNER
OF THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 828749
IN THE PUBLIC RECORDS OF GARFIELD COUNTY,
THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN
WITH YELLOW PLASTIC CAP, LS 19598;
THENCE, DEPARTING FROM THE AFORESAID COURSE
AND ALONG THE WESTERLY BOUNDARY LINE OF THAT PARCEL OF LAND
DESCRIBED IN THAT INSTRUMENT RECORDED UNDER RECEPTION NUMBER 828749,
S 03°53'03" E, A DISTANCE OF 1233.37 FEET TO A POINT
ON THE NORTHERLY BOUNDARY LINE OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF THE SAID SECTION 34,
THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN
WITH YELLOW PLASTIC CAP, LS 19598;
THENCE, DEPARTING FROM THE AFORESAID COURSE
AND ALONG THE NORTHERLY BOUNDARY LINE OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF THE SAID SECTION 34,
AND BEING COINCIDENT WITH THE WESTERLY BOUNDARY LINE
OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878749, N 89°02'28" E,
A DISTANCE OF 807.23 FEET,
THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN
WITH YELLOW PLASTIC CAP, LS 19598;
THENCE, DEPARTING FROM THE AFORESAID COURSE,
BEING COINCIDENT WITH THE WESTERLY BOUNDARY LINE
OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878749,
S 02°50'18" E, A DISTANCE OF 1220.31 FEET TO A POINT ON THE SOUTHERLY BOUNDARY
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF THE SAID SECTION 34,
THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN
WITH YELLOW PLASTIC CAP, LS 19598;
THENCE, DEPARTING FROM THE AFORESAID COURSE
AND ALONG THE SOUTHERLY BOUNDARY LINE OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF THE SAID SECTION 34,
AND BEING COINCIDENT WITH THE NORTHERLY BOUNDARY LINE
OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878747,
S 88°10'36" W, A DISTANCE OF 984.16 FEET TO THE SOUTHEAST CORNER
OF THE SAID SECTION 33, TO THE POINT OF BEGINNING.
BILL W.A. BAKER,
COLORADO PROFESSIONAL LAND SURVEYOR #23875
CERTIFIED FEDERAL SURVEYOR #1699
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:ABS64005037-12
Copyright 2006-2024 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:ABS64005037-12
AMERICAN
LAND TITLE
ASSOCIATION
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: ABS64005037-12
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company
may then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or
both, must be properly authorized, executed, delivered, and recorded in the Public Records.
1.(THIS ITEM WAS INTENTIONALLY DELETED)
2.A FULL COPY OF THE FULLY EXECUTED PARTNERSHIP AGREEMENT AND ANY AND ALL AMENDMENTS
THERETO FOR LONGHORN OPPORTUNITY FUND I, LP, A TEXAS LIMITED PARTNERSHIP MUST BE
FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY
CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY
FOR SAID ENTITY.
NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION.
3.DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF
LONGHORN OPPORTUNITY FUND I, LP, A TEXAS LIMITED PARTNERSHIP AS A A LIMITED PARTNERSHIP.
THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE
MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED
TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL
PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF
SECTION 38-30-172, CRS.
NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER.
4.(THIS ITEM WAS INTENTIONALLY DELETED)
5.SPECIAL WARRANTY DEED FROM THE BERKELEY FAMILY LLLP, A COLORADO LIMITED LIABILITY
LIMITED PARTNERSHIP TO LONGHORN OPPORTUNITY FUND I, LP, A TEXAS LIMITED PARTNERSHIP
CONVEYING SUBJECT PROPERTY.
NOTE: THE AMENDMENT TO LIMITED PARTNERSHIP AGREEMENT FOR THE BERKELEY FAMILY LLLP, A
COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP AND STATEMENT OF AUTHORITY RECORDED
OCTOBER 8, 2019 UNDER RECEPTION NO. 926578, DISCLOSES MIRIAM M BERKELEY AS THE GENERAL
PARTNER AUTHORIZED TO EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY.
6.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF
THE OF THE CONSERVATION EASEMENT AGREEMENT FEE UNDER SECTIONS 7.1 AND 16 HAVE BEEN
COMPLIED WITH AS DISCLOSED BY INSTRUMENT RECORDED SEPTEMBER 20, 2019 UNDER
RECEPTION NO. 925748. TRANSFER FEE HAVE BEEN SATISFIED.
7.(THIS ITEM WAS INTENTIONALLY DELETED)
REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUED
A. ITEMS 1-3 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED.
B. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT,
ITEM 4 OF THE PRE-PRINTED EXCEPTIONS, WILL BE AMENDED TO READ:
ITEM 4 OF THE PRE-PRINTED EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS
RESULTING FROM WORK OR MATERIAL FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH
THE ACTUAL KNOWLEDGE OF THE BERKELEY FAMILY LLLP, A COLORADO LIMITED LIABILITY LIMITED
PARTNERSHIP.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS
ARISING FROM WORK OR MATERIAL FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH THE
ACTUAL KNOWLEDGE OF LONGHORN OPPORTUNITY FUND I, LP, A TEXAS LIMITED PARTNERSHIP.
C. ITEM 5 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY
CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE
DOCUMENTS IN CONNECTION THEREWITH.
D. UPON PROOF OF PAYMENT OF 2021 TAXES AND ASSESSMENTS, ITEM 6 OF THE PRE-PRINTED
EXCEPTIONS WILL BE AMENDED TO READ:
TAXES AND ASSESSMENTS FOR THE YEAR 2022 AND SUBSEQUENT YEARS.
NOTE: THE ISSUANCE OF THE POLICIES AND/OR ENDORSEMENTS REFERENCED IN THIS COMMITMENT
ARE SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF SAID POLICIES AND/OR ENDORSEMENTS.
THIS COMMITMENT MAY BE REVISED AS REQUIRED BY THE UNDERWRITER TO ISSUE THE POLICIES
AND/OR ENDORSEMENTS REQUESTED. THIS NOTE WILL BE DELETED UPON THE RECEIPT OF SAID
APPROVAL.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: ABS64005037-12
All of the following Requirements must be met:
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and 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 of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.EXISTING LEASES AND TENANCIES.
9.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED JULY 30, 1895, IN BOOK 12 AT PAGE 376 AND RECORDED
AUGUST 6, 1895 IN BOOK 12 AT PAGE 378 AND RECORDED MAY 28, 1974 IN BOOK 459 AT PAGE 525.
10.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 30, 1895, IN BOOK 12 AT PAGE
376 AND RECORDED AUGUST 6, 1895 IN BOOK 12 AT PAGE 378, AND RECORDED SEPTEMBER 23, 1912
IN BOOK 71 AT PAGE 560 AND RECORDED MAY 28, 1974 IN BOOK 459 AT PAGE 525 AND RECORDED
FEBRUARY 26, 1952 IN BOOK 263 AT PAGE 239.
11.ALL COAL AND OTHER MINERALS, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND
REMOVE THE SAME PURSUANT TO THE PROVISIONS AND LIMITATIONS OF THE ACT OF DECEMBER
29, 1916 (39 STAT. 862) AS RESERVED BY THE UNITED STATES OF AMERICA IN THE PATEN
RECORDED FEBRUARY 26, 1952 IN BOOK 263 AT PAGE 239.
12.ROAD PETITION RECORDED JUNE 12, 1929 IN BOOK 2 AT PAGE 11.
13.ROAD VIEWING REPORT RECORDED JUNE 12, 1929 IN BOOK 2 AT PAGE 86 AS RECEPTION NO. 104593.
14.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 79-64 RECORDED JUNE 19, 1979 IN
BOOK 530 AT PAGE 93.
15.TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED MAY 02, 1991 IN
BOOK 803 AT PAGE 445.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: ABS64005037-12
16.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 14, 1992 IN BOOK
841 AT PAGE 512.
17.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN MEMORANDUM
OF WATER ALLOTMENT CONTRACT RECORDED MAY 07, 1997 UNDER RECEPTION NO. 507956.
18.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND
GRANTED IN UTILITY EASEMENT RECORDED NOVEMBER 12, 1997 UNDER RECEPTION NO. 516344.
19.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ORDER
CONFIRMING INCLUSING OF PROPERTY RECORDED JULY 23, 2001 UNDER RECEPTION NO. 584839.
20.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 30, 2001 IN BOOK 1282
AT PAGE 8.
21.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 02-109 RECORDED DECEMBER 23, 2002
IN BOOK 1419 AT PAGE 563.
22.(THIS ITEM WAS INTENTIONALLY DELETED)
23.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND
GRANTED IN HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT RECORDED SEPTEMBER 15, 2004
UNDER RECEPTION NO. 659779.
24.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO.
2004-110 RECORDED NOVEMBER 19, 2004 UNDER RECEPTION NO. 663716.
25.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND
GRANTED IN HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT RECORDED DECEMBER 15, 2004
UNDER RECEPTION NO. 665111.
26.THE EFFECT OF ANY FAILURE TO COMPLY WITH THE TERMS, CONDITIONS AND PROVISIONS OF
DEED OF CONSERVATION AGREEMENT RECORDED DECEMBER 22, 2004 AT RECEPTION NO. 665794
AND FIRST AMENDED AND RESTATED DEED OF CONSERVATION RECORDED OCTOBER 24, 2005
UNDER RECEPTION NO. 684872 AND SECOND AMENDED AND RESTATED DEED OF CONSERVATION
EASEMENT RECORDED NOVEMBER 2, 2006 UNDER RECEPTION NO. 710348 AND THIRD AMENDED
AND RESTATED DEED OF CONSERVATION EASEMENT RECORDED JULY 24, 2007 UNDER RECEPTION
NO. 728890 FOURTH AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT RECORDED
OCTOBER 3, 2008 UNDER RECEPTION NO. 756747 AND FIRST AMENDMENT TO THE FOURTH
AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT RECORDED AUGUST 26, 2009
UNDER RECEPTION NO. 774022 AND FIFTH AMENDED AND RESTATED DEED OF CONSERVATION
EASEMENT RECORDED SEPTEMBER 20, 2019 UNDER RECEPTION NO. 925748.
27.TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT DEED RECORDED MARCH 01, 2010 AT
RECEPTION NO. 782646 AND CORRECTED DEED RECORDED NOVEMBER 29, 2010 UNDER RECEPTION
NO. 794921.
28.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2012-80 RECORDED SEPTEMBER 05,
2012 AT RECEPTION NO. 823748.
29.TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE AFFIDAVIT RECORDED DECEMBER 19,
2012 AT RECEPTION NO. 828747.
30.TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE AFFIDAVIT RECORDED DECEMBER 19,
2012 AT RECEPTION NO. 828750.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: ABS64005037-12
31.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2013-29 RECORDED MAY 07, 2013 AT
RECEPTION NO. 834952.
32.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2013-74 RECORDED OCTOBER 15, 2013
AT RECEPTION NO. 842009.
33.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2016-35 RECORDED MAY 02, 2016 AT
RECEPTION NO. 876660.
34.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2016-36 RECORDED MAY 06, 2016 AT
RECEPTION NO. 876835.
35.TERMS, CONDITIONS AND PROVISIONS OF VACATION AND ABANDONMENT OF EASEMENT AND
GRANT OF EASEMENT RECORDED JULY 17, 2019 UNDER RECEPTION NO. 922977.
36.TERMS, CONDITIONS AND PROVISIONS OF ACCESS, UTILITY, DRAINAGE AND RIGHT-OF-WAY
EASEMENT DEED RECORDED JULY 17, 2019 UNDER RECEPTION NO. 922979.
37.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND
GRANTED IN VACATION AND ABANDONMENT OF EASEMENT RECORDED DECEMBER 08, 2020 UNDER
RECEPTION NO. 946639.
38.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND
GRANTED IN HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT RECORDED DECEMBER 08, 2020
UNDER RECEPTION NO. 946640.
39.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO.
PC-2020-04 RECORDED JANUARY 25, 2021 UNDER RECEPTION NO. 949223.
40.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO.
2021-07 RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950664.
41.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO.
2021-08 RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950665.
42.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AGREEMENT FOR
RELEASE OF SECURITY FOR LAKE SPRINGS RANCH FILING 2 RECORDED FEBRUARY 19, 2021 UNDER
RECEPTION NO. 950666.
43.(THIS ITEM WAS INTENTIONALLY DELETED)
44.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN VACATION PLAT
A PART OF 1926 SPRING VALLEY ROAD (ALSO KNOWN AS COUNTY ROAD 114) RECORDED FEBRUARY
19, 2021 UNDER RECEPTION NO. 950668.
45.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND
GRANTED IN COUNTY ROAD 119 RIGHT - OF - WAY EASEMENT RECORDED FEBRUARY 19, 2021
UNDER RECEPTION NO. 950669.
46.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND
GRANTED IN RIGHT - OF - WAY EASEMENT DEED RECORDED FEBRUARY 19, 2021 UNDER RECEPTION
NO. 950670.
47.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN LAKE SPRINGS
RANCH P.U.D. FILING NO. 1 LAKE SPRINGS RANCH DRIVE & LAKE SPRINGS RANCH PLACE VACATION
RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950671.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: ABS64005037-12
48.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN LAKE SPRINGS
RANCH P.U.D. FILING NO. 2 MIRIAM COURT, RIVENDELL COURT & SPRING VALLEY ROAD VACATION
RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950672.
49.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF VACATION PLAT LAKE SPRINGS RANCH P.U.D. FILINGS 1 & 2 RECORDED FEBRUARY 19, 2021
UNDER RECEPTION NO. 950673.
50.ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE
FOLLOWING FACTS SHOWN ON IMPROVEMENT SURVEY PLAT THE BERKELEY TRACT CERTIFIED
JULY 18, 2022, REVISION SEPTEMBER 1, 2022 PREPARED BY BILL W.A. BAKER FOR AND BEHALF OF
HIGH COUNTRY ENGINEERING, INC., JOB #2041025.06
SAID DOCUMENT STORED AS OUR IMAGE 55728260
A: FENCING IS NOT COINCIDENT WITH PROPERTY LINES.
B: EXCEPTION FOR OVERHEAD ELECTRIC LINES WITHOUT THE BENEFIT OF A RECORDED
EASEMENT.
51.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN BOUNDARY LINE
ADJUSTMENT AFFIDAVIT RECORDED SEPTEMBER 27, 2023 UNDER RECEPTION NO. 989959.
52.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF BERKELEY FAMILY, LLLP BOUNDARY LINE ADJUSTMENT MAP RECORDED SEPTEMBER 27, 2023
UNDER RECEPTION NO. 989960.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: ABS64005037-12
Land Title Guarantee Company
Disclosure Statements
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 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, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company 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.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
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.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the contractor;
payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any
additional requirements as may be necessary after an examination of the aforesaid information by the Company.
(E)
Landlttle·
GUARANTEE COMPANY
-Since 1967-
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents
using real-time audio-video communication technology. You may choose not to use remote notarization for any
document.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
Joint Notice of Privacy Policy of
Land Title Guarantee Company
Land Title Insurance Corporation and
Old Republic National Title Insurancy Company
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Landlttle·
GUARANTEE COMPANY
-Since 1967-
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Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION
OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF
THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF
THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
I _I I
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II
—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55407
/672)377-7777
By President
Attest Secretary