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Home My WebLink About1.09 SVR Access EasementLake Springs Ranch Subdivision Preliminary Plan/PUD Amendment December 2025 Exhibit 9 | Amended SVR Access Easement 1111 W}~.11'+.'l~~~IL~iUfiLifflW.'N~.\, r~~•l 1r.'Jrtf.iw. II Ill Receptionn: 1010995 09/15/2025 02:13:45 PM Jacklyn K. Harmon 1 cf 13 Rec Fee:$43,00 Doc Fee:0.00 GARFIELD COUNTY CO AMENDE.DAND RESTATED EASEMENT AGREEMENT THIS AMENDED AND RESTATED EASEMENT AGREEMENT (this .. Agreement") is made and entered into to be effettive as of ~lc.Je.....: S . 2025, by and between SPRING VALLEY HOLDINGS, LLC, a Delaware liited liability company {"Grantor,.), and THE BERKELEY FAMILY LLLP, a Colorado limited liability limited partnership ("Grantee"). RECITALS: A. Grantor is the owner of a parcel of land (hereinafter, "Orantor Property") situated in Garfield County described as unplatted Parcel C according to the First Amended Plat, Spring Valley Ranch P.U.D., recorded December 5, 2012, at Reception No. 828064 in the office of the Clerk and Recorder of Garfield County (the "Records"). B. Grantee is the owner of an adjoining tract of land situated in Garfield County described in Exhibit A attached hereto and made part hereof by this reference (hereinafter, "Grantee Property"). C. Orantor, as successor to Spring Valley Development, Inc., and Grantee (f/k/a The Berkeley Family Limited Partnership) are parties to an Easement Agreement dated December 12, 200 I and recorded January 18, 2002 at Rec. No. 596026 in the Records (the "Prior Easement Agreement"), in which Grantor granted to Grantee an easement over Grantor's Property along an existing ranch road. D. Grantor and Grantee wish to change the location of the easement granted in the Easement Agreement to the location described in Exhibit B attached hereto and made part hereof by this reference, and therefore, Grantor and Grantee desire to amend and restate the Easement Agreement as described in this Agreement. E. The Parties intend this Agreement to fully supersede and replace the Prior Easement Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Release of Prior Easement Agreement. This Agreement amends, restates and supersedes the Prior Easement Agreement in its entirety. Effective upon the recordation of this Agreement, Grantee, for itself and its successors and assigns, hereby forever releases and waives all rights and interest in the Gmntor Property pursuant to the Prior Easement Agreement, and upon .recordation of this Agreement the Prior Easement Agreement shall be null and void and have no further force or effect. 2. Grant of Easement. Grantor hereby grants and conveys unto Grantee and Grantee's successors and assigns forever in the 0\'1nership of the Grantee Property or any part thereof. Pagel of 10 1111 w.i~ .. iu~~.,,~ ~ ~ r.,r. R 1,~1,KN,"-\~mw.''liiw. 11111 Reception#: 1010995 09/16/2025 02:13:46 PM Jacklyn K. Harmon 2 of 13 Rec Fee:$43.00 Dae Fee:0.00 GARFIELD COUNTY CO including all lots into which it may be subdivided, a perpetual, non-exclusive easement over, across, upon and beneath the 60-foot wide easement described in Exhibit B (the "Easement"). The Easement is granted without warranties of title. 3. Use of Easement. The Easement shall be for the use and benefit of and shall run with the title to the Grantee Property, for purposes of all forms of open and unobstructed surface access and travel between County Road 115 and the Grantee Property for any and all residential uses that may now or hereafter be legally permitted on the Grantee Property and for underground utility lines that serve the Grantee Property or any part thereof, limited, however, in any event to not more than ninety-four (94) residential lots into which Grantee's Property may be subdivided. Utility companies shall also have the use of the Easement for underground utility lines which serve the Grantee Property or any part thereof. The Easement shall not be used for access to commercial, industrial, or other non-residential uses on the Grantee Property or any part thereof. This Agreement, as it may be amended from time to time, shall constitute a perpetual burden on the title to the Grantor Property. Grantor, for itself and its successors and assigns forever in the ownership of the Grantor Property or any part thereof, including all lots into which it may be subdivided, expressly reserves (i) the right to use and enjoy the Easement and the roadway thereon (as it may be improved from time to time) for access, ingress and egress to the Grantor Property and all parts thereof, for all uses that may now or hereafter be legally permitted on the Grantor Property, and for the installation, maintenance and use of underground utilities which serve the Grantor Property or any part thereof, (ii) the right to use and enjoy the Easement and the land beneath and the air space above the same for all purposes and uses, including without limitation road crossings, trails and utilities, that do not materially interfere with the exercise and enjoyment by Grantee of the Easement rights granted to it herein, and (iii) the right to grant additional user rights in connection with the Easement. 4. Road Improvements. The first of Grantor or Grantee to commence development of its respective property accessed by the Easement following the receipt of all necessary land use approvals from Garfield County shall promptly construct the road or that portion of the road required for the development of its respective property and in compliance with all applicable Garfield County road standards in effect at the time of construction. Any portion of the road not constructed by whichever of Grantor or Grantee first commences development of its property because such portion is not required for such development shall be constructed and completed by the other party at the time it develops its respective property. Regardless of the Garfield County road designation, the surface of the access must be paved with asphalt with a minimum width of 24 feet and minimum asphalt depth of 4 inches; provided, however, that as originally constructed the road or applicable section thereof will be surfaced with an initial 2-inch asphalt mat until such time as all major construction, including utility installations, has been completed for both Grantor's and Grantee's projects and then shall be finished by the last of Grantor or Grantee to finish its respective project with an additional 2-inch asphalt mat. Such road shall be constructed in a good and workmanlike manner, free and clear of all liens, in accordance with plans prepared by a qualified licensed civil engineer in compliance with the standards given above. Subsequent to said road construction and the acceptance of such construction by Garfield County, the roadway within the Easement may be improved from time to time to the extent necessary or appropriate to serve the uses made of the Grantee Property and the Grantor Property, Page2 oflO IIII IJ~.,M~)"i!Pll~ 1¥i~l!Vi~ ~ 1~~rt ,lf~PYliw, 11111 Receptionij: 1010995 09/16/2025 02:13:46 PM Jaoklyn K. Harmon 3 of 13 Reo Fee:$43.00 D00 Fee:0.00 GRRFIELD COUNTY CO respectively. Either party may perform such further road improvements at that party's expense, or the parties may agree in advance to share the responsibility and cost of such improvements in any manner they consider appropriate. The party performing road improvements shall obtain all required permits from Garfield County, shall perform the work in a good and workmanlike manner, free and clear of all liens, and in accordance with all applicable laws and regulations, and shall restore and revegetate all disturbed adjacent areas as closely as possible to the condition that existed prior to commencement of the improvements. Grantee agrees to indemnify, defend (including reasonable costs and attorney's fees) and hold harmless Grantor with respect to any mechanic's liens that may be filed against the Grantor Property in connection with road improvements performed by or on behalf of Grantee, Similarly, underground utilities may be installed within the Easement by either party at that party's expense (including the expense of surface restoration), provided that if the other party wishes to tap on at some future time and the party who originally installed the underground utility is still an owner of some portion of their respective property, said other party must pay to the installing party a proportionate share of the documented cost of installing the portion of the utility line used by said other party (with such costs deemed to have accrued interest at the rate of 5% per annum, compounding annually, until paid), based on the number of residences or other uses served by the utility on the Grantee Property and the Grantor Property, respectively. Such cost sharing obligation shall expire on the tenth (10 th) anniversary of the day on which this Agreement is recorded in the Records. 5. Road Maintenance and Snowplowing. Until such time as Grantor develops the Grantor Property with a use or uses that require access over the Easement, Grantee shall bear 100 percent of the costs of maintaining and snowplowing the roadway within the Easement. Upon development of the Gran tor Property, Gran tor and Grantee shall share the costs of maintaining and snowplowing the portion of the roadway actually used by Grantor, proportionately based on the traffic assigned to that portion of the road in the most recent version of the parties' respective traffic studies upon which development approvals are based. In the event either party causes damage or excessive wear to the roadway within the Easement, that party shall be obligated at its sole cost and expense to promptly repair and restore the roadway to the condition that existed immediately prior to the damage caused by such party. 6. Indemnification. Grantee, on behalf of itself and its successors and assigns in the ownership of the Grantee Property or any part thereof, hereby agrees to indemnify, defend (including reasonable attorney's fees and costs) and hold harmless Grantor and its successors and assigns in the ownership of the Grantor Property or any part thereof, from and against any and all claims, demands, causes of action, liabilities, damages, losses, costs or expenses of any kind or nature (including without limitation those involving death, personal injury or property damage) ( collectively, "Claim") arising out of or incurred in any way in connection with (i) the use or enjoyment of, or any work performed upon, the Easement granted herein or the roadway thereon by Grantee or Grantee's guests, invitees, employees, contractors or other authorized agents or users, except to the extent that the Claim arises out of negligence or intentional act of Grantor or Grantor's guests, invitees, employees, contractors, or other authorized agents or users, or (ii) any mechanic's lien or claim for unpaid labor performed or services or materials furnished in connection with the Easement granted herein or the roadway thereon at the request of Grantee. Page3 oflO 1111 WJ'.-IWl:,Jl•~l/1 ~JN~i r1&1~ LMM ~ i•/1 11111 Receplionn: 1010995 09/16/2025 02:13:46 PM Jacklyn K. Har~on 4 of 13 Rec Fee:$43.00 Doc Fee:0.lillil GARFIELD COUNTY CO 7. Insurance. Grantee shall maintain, at its sole cost and expense, liability insurance against claims for death, personal injury or property damage which may occur on or in connection with the Easement granted herein. Such insurance shall be in an amount of not less than $2,000,000.00 with respect to personal injuries or death in any one accident, and $300,000.00 with respect to property damage, shall be written on an occurrence basis, and shall be endorsed to name Grantor as an additional insured. An Evidence of Property Insurance form (utilizing ACORD Form 27) evidencing such insurance coverage and the payment on a current basis of the premium thereon shall be delivered to Grantor upon the request of Grantor. 8. Attorneys' Fees. In the event of any litigation arising out of this Agreement, including the interpretation or enforcement of any of the tenns or provisions hereof, the prevailing party shall also be entitled to recover its reasonable attorneys' fees and costs incurred therein. 9. Binding Effect. This Agreement shall run with the land as set forth herein, and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. This Agreement shall be construed in accordance with and governed by the laws of the State of Colorado, constitutes the entire understanding and agreement between the parties pertaining to the subject matter hereof, and supersedes all prior agreements, writings, representations and negotiations, whether written or oral, relating hereto, including the specifically the Prior Easement Agreement. Finally, this Amendment may not be amended or modified except by an instrument in writing signed by (i) Grantor or its successors or assigns in the ownership of the Grantor Property, and (ii) Grantee or its successors or assigns in the ownership of the Grantee Property. If the Grantee Property or the Grantor Property is made subject to a common interest community pursuant to the Colorado Common Interest Community Ownership Act, C.R.S. § 38-33.3-101 et seq., then the owners' association for such common interest community shall be considered the successor in interest to Grantee or Grantor, as applicable, with respect to all rights and obligations hereunder (including without limitation the maintenance obligations under Section 5 above), and such association will have the power and authority to act on behalf of the owners with respect to amending this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the day and year first above written. [SIGNATURE PAGES FOLLOW] Page4 of10 IIII WJP .. ~~)I•~ l,\lll~1~f l~t.'\-M~l~~~riw~r. liw. II II I Receptionl: 1010995 09/16/2025 02:13:46 PM Jacklyn K. Harmon 5 cf 13 Rec Fee:$43.00 Doc Fee:0.00 GARFIELD COUNTY CO GRANTOR: SPRING VALLEY HOLDINGS, LLC, Name: Martin Van Ardenne Its: .....L""o¥J.lall~-.L-----ei~,A,"""1~ The forgoing document was ackno\ dged before me this __ day of . 2025 by Martin Van Ardenne as an Authorized resentative of Spring Valley Holdings, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: Page 5 oflO ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validitv of that document. State of Calif:'.:1ia i::.,, • Countyof Q_((\JlQ1C15CQ ---------------- On Sept. '2>; 2,o1,.$'"" before me, Ko/-t-n ~-3lfu::, ~ :\)_,b, 1'1 <:.-> (insert name and tille of the offiber) personally appeared Hw:tio J th a.,.,&cnn;:- who proved to me· on the basis of satisfactory evidence to be the person(s} whose name{s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/heritheir authorized capacity{ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ·~fv._ ~ (Seal) GRANTEE: ---------------~ llll l}P.11R~)¥~~1'.:•~' i:t:tl-J'iJtW~~\'flM.ll'~I.M.11111 Receptiontt: 1010995 09/16/2025 02·13:46 PK Jacklyn K. Harmon 7 of 13 Rec Fee:$43.00 Doc Fee:0.00 GARFIELD COUNTY CO THE BERK.ELEY FAMILY LLLP, a Colorado limited liability limited partnership By: ·1l ' • Miram Berkeley, General Partner Page6of 10 ---------------------- IIIIIJP.rl'i\,~ .. ~~1.·,1~~111i:.~,'T.l. ~ii~ l1ACWll llwi 11111 Receptionff: 1010995 09/16/2025 02:13:46 PM Jacklyn K. Harmon 8 of 13 Rec Fee:$43.00 Doc Fee:0.00 GARFIELD COUNTY CO '"1t.l.{\\ STATE OF GObOR:ABO ) _. )ss. COUNTYOFtt;gI~ The forgoing document was acknowledged before me this Q_5-_ day of ~bu;' 2025 by Miriam Berkeley as General Partner o(JhtiB~~ley Family LLLP, a Colorado limited liability limited partnership. ,,,~,ct .. ~~li,.{',,., ,$" 0~.--~ Puif;:,\~ ~ ~~ .. ~~ \P" ~IJ,j.•~ ~ . . ~~: 1•= Witness my hand and official sell, i ., r:-/ ... : ~--\~_II), ~, ~.:: -; ~ ·--~",.l'e ot= ~~"'~=~ ,Jti ~\j:__\ ~ " •• ...,,.-10 '\ •• ~., ~ ,,, "'a .......... '\l,~ ,~ {\ \L' l '" L ~,, iliM, E)I.~-... ,, \ l 1\\....1.Y\...W ,,,,,.,,n,,\\ My commission expires: D\-\J51J)'"L r\ Notary Public Page 7 of 10 , 1111 WJ~-'a~-.1~11.·,l'Ptt~,111.f M!in mt~a,1lJ.11w.11111 Reception~: 1010995 09/16/2025 02:13:46 PM Jacklyn K. Harmen 9 cf 13 Rec Fee:$43.00 D00 Fee:0.00 GARFIELD COUNTY CO EXH:tll!SI'f A TRACT EAST OF WEST RIGHT-OF-WAY GARCO 114 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 FOUND¾ 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, 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 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 87B747), 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; , 1111 WJP.1111.~Jl.rl,1 •JL'X'iM-li~•,,.~1'111 :Mk.1"11f~liw. ll Ill Raceptloni: 1010995 09/16/2025 02:13:46 PM Jacklyn K. Harmon 10 of 13 Rec Fee:$43.00 Doc Fee:0.00 GARFIELD COUNTY CO \ .. ------------------- 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 1 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 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 80FOOT 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; __ _,I 1111 WJP.rPJa ~1~1.rN ~~,~~1,R, . ..-..1ffl1'~1 ·,1iitwH r.11w.11111 Reception~: 1010995 , 09/16/2025 02:13:46 PM Jacklyn K. Harmon 11 of 13 Rec Fee:$43.00 Doc Fee:0.00 GARFIELD COUNTY CO 4. N 29°12'44" E, A DISTANCE OF 230.39 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. 215.7B 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 1B4.24 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 COINCIDENT 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 2INCH BRASS CAP SET IN ROCK MARKED PELS 5933, BEARS N 88°26'25" W, 608.20 FEET DISTANT; THENCE, DEPARTING FROM THE AFORESAID PROPOSED NORTHWESTERLY 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 -------------~. -■HI-WJf .1ilff.~lJLH~•""" •~I" l1bllH1Vh~'.l:l'ffiw. 11111 ReceP.tion#: 1010995 09116/2025 02:13:AS PM JaokFlyn K0·0H0a~~~~lELD COUNTY CO 12 of 13 Rec Fee:$43.00 D00 ea: . TO THE EAST QUARTER CORNER OF THE SAID SECTION 33, SAID CORNER MONUMENTED BY A FOUND¾ 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 COINCIDENT 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 08 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. IS COMPRISED OF 8,874,416 SQUARE FEET, (203.739 ACRES), MORE OR LESS. 1111 f/11.-m,Ki,i r~:,rr,,illl,~~ U\llw:~'I 111~,li/~l~IIM, 11111 Rcceptiontt: 1010995 09/16/2025 02:13:46 P.'1 Jacklyn K, H;,,rmon 13 of 13 R!c'c Fee:$43.00 Doc Fee:O,C!il GARFIELD COUNTY CO EXHIBIT B _....-- AccEss _ _. • .--1-1ruo A~~4~:~~~~T~~H~. GARFIELD COUNTY. COLORAOO ______ G-A-Rr=-+-E.-• Propclt)'ll(Srrin~ WI~· !foldm~~.1-LC R,;-,;crtic1110 Sl~Ot•~ l'rope,t)' lli"The o~~i:ley F11.~1JI} lireiteJP,nntf\hir Pm~J Ul::Jx7HlMl,.I SURVEYOR'S CERTIFICATION I, BILL W.A. BAKER, A LICENSED PROFESSIONAL LANO SURVEYOR INTHE STATE,OF COLORADO DO BY THESE PRESENTS CEIUJFV THAT THE DESCRIPTION /IND DRAWING SHO\Vl'J HEREON REPRESENTS AN EASEMENT DERIVED FROM A FIEtD SURVEY OF T1'E CONmOLUNG MONUMENTATION SHOWN HEREON, lHAT THE SAID SURVEY WAS MADE UNDER MY DIRECT SUPERVISION, AND THAT TO THE BEST OF MY KNOV,1._EOGE, INFORMATIONAND BELIEF,AN ACCURATE DEPICTION OF SAID SURVEY IS RENDERED l3Y THIS EXHIBIT. THIS EXHIBIT IS FOR INFORMATIONAL PURPOSES ONLY ANDIS NOT INTENDED TO BE CONSTRUED AS ALAND SURVEY PlAT, BILL WA BAKER, COLORADO·PROFESSIONAL·l.AND SlJRVEVOFl 023875 CERTIFIED FEDERt,l CADASTRAL SURVEYOR 01G90 sw¼. NW± ;,.o ,,~-REBAR, n.LI.Q\\' PLA.~TIC C,\I' ru 19'1.S~ N~'R3'2,1"'E: -•-••-••-• I If~)!)!-,'-••-••-••-•• FND J•,r Rf:f1AR :?S' ALU'-ll~ml C'AI': f'LS~'l)} 19')7.C.:ni~w ... ,;:;!'icCH GRAPHIC SCALE 60 0 3060 1'20 5~c-~?5ii.-~ I EASEMENT DESCRIPTION (IN U.S. SURVEY FEET) 1 INCH = 60 FT. 240 I /lJ a('lOM0J,,1JIIICl','Tf'OI.INDOiiSCT A 'l'f.ACJ o: lAllt> sr:"UI•.'i'E:J W Tt!E SC·'J11i\~E.S'l" ('1\J/\F.T:':R OF TIE I\CS.THWES':' CHH,FTER OF SEC!iO!l :u, TO'<'lNSHIP 6 GOcJIH, R/1..\lG.E: 88 WEST OF :'fF. SIXTH PEIN:::PAL H£P.ID!:i.:1. coum·y Of GARFIE::.D, srAT£ Of COLCAAOO, ';0 ;.;:?; COJ.<J-:Ei;C!MG Al THE SOU't'IMEST COIH:E:R Of THE f;QRTEWESr OVARTER Of THE SAlD Sf:C1'!0?l J~, 1-'.0!l!JN£NTEO BY A rnimo J/111'. DI.t.. U,ON NN WIT:! ::..5rN. i,R,\SS CAP ~S'.3 5933 1:91)6), FR<J.1 '1mrncE:: TRE SOUT!,E:,.\ST CORm:K OF 'fa& sourm-:EST OUART:C:R OF THE NORTHll'EST OVA.RT£11 0F T!{F, Mtr, ~r:CrION 34, MCt'.1.1M:::tfTED B'f J. routm J/c:::, IROM, Pl!l i,:.:•m 2.5.m. t\LL()'f CAP MAR:\ED P~IiS 5933 ll\rn:, BEJ\RS N gr-,•s1•:~ .. E, :388 •. 94 IT.ET OtSTA:JT, 11'1Til ALL BE:J\RlNCS co:rri\1::w HE!Rl:W REU:rIVE 'l'HE?(::TO; :'HE!'.CE, N tl9G;)3'24" E, ALOl{G TH!:: .'iOU'rHERLY BOI.JND.~Jj,'/ LHIE OF Tilt. SOUTllWE:Sl' •.)IJARTER O? 'l'Hfl NOR1W.iES7 OUARTER OF THE SAID SECTrn:; 34. A orsr;,::c:: Of 13G.i:l0 F.:E:.r TO 1HE 'rf;.UE po1r;r or 6£G!Nt<il'IG: THENCE, ::E.PJ...RTING ,-;;:m1 THE SAID .C:O'J711ERLY BCU!lCIARY !..INt, N !5"08':!",~ E, A :nsrA?:cs: OF :.::1.~•J rte? TO A ?O!?<T Of CURVATl.!R::'.; THENC.:, DE?A.?,Tit:G rn.O'.{ '!'I!!: M'OF.ESAID COURSE, 108.1:1 FEET l\LO:m ':'"IH.: h.'lC Of' A CIRCULAR cu:wi::, TUF.NH:G TO THE LEFT, \'/HOSE: RADIUS IS ~]0.00 fEE:T, cto::G CHORll BEARS i: 01°39'51" E, t07.20 f££T) :-o A l"OlI/T Of 'l'A!',;GE::icY; THENCE, 02:Pr' .. 'I.HNG Fil~ THE ArnRESA!O COURSE, N l!G•l~'43" W, A D:STANCE OF' Jl,29 fEE7 TO A PO!tTT O!rl THE SOUT!lE!<LY TIIENCE, D£FART:'fm FR.OH 'rHE ~F'OF!::SA:D COUP.SE A!l:J A:.ONG :'f.£ SOUTHERL'l" RIG!!'?' or WA"l' o~-THE SJ:..:u ROAD, 60,00 FEET ALOIJ'.i 'rHE ARC or A NOll-TAtlGEt;i:i,L ClilCUU\R CURVE:, TURHH:G 'IO THE L8F'r, WHOSE Rr.OIUS rs 2201.01 FE:ET, \LO:m CHORD BEARS ';JIE!:CE, DEPMT!NG FRa-! TH£ ArORESA>D ::OURS£, S 1 ! 0 ~ 8 '43" £, .-1. DIS:'A..~CE OF 3·:. :e 1-'EET -;o A ?OINT OF' C!JR'JI\TUl{f;; THENCE, D~PARTISG Fil.O~'. iH'E ArnRE:S.rt!t) COotl.SE, :36,4.2 rEEJ A!..O!-:G THE ARC or A crncut.:;.q CUF.vt, 'rt};\,S:Um ·ro TliE RIGHT. WHOSE RADiUS ;s '.'90.UO ITE:-:', :!.Ot!G Cl-101.D REARS S 01•3g•~1" ~. 135.16 F'!:E':'! TO A rourr CF :'ANG£!:c·r; TiH:~;c..:, DE.PA.'Vnt:G !7-C:•l 7HE '1fORESl1r::l :oURSZ, S 15"0B':!5'' w, A OIS'i'h.1\Ctc: OF' 115.57 fEH 70 A POWT 0:l THE SOtr.HERLY BOUflDAF.Y LWE Of THE ;'.;;'.lllTffi'/EST QCARITR OF TH:': r:oRnU~Esr QUARTER OF 7HE SA!D SECTION 34, i'P.O~ 1'/EE~:cE THE SOU7HEAST coru:ER OF' THE sou:-mmJT QUA.~TER CF THE t;oR'f;IWEST Q!JAATtR THC:RE.OF, PR£VIOUSL'f HERE!N DESCRIESJ, BtARS N 89°5]'::!A" E, lle!;<,9S FEET !l~S'fMT; 1'iU::;e::, OEPART:liG f'ilOH THC. AFGR£SA!D CO'.JPSE AND AL:'.l~l;, '.HE SOl''IfEfl"...Y BOVl'Jf"A;:i_y LI.m: Of THC: SOUTHNE'.~T QUARTER. O:' ':"HE :IOR'JfMi:ST OWl:l..TE or TIU: S-A:iJ SEC'!'!O:J )-'I, S 8~"53'24"' I~, A Di.STANCE OF f,2.19 F'Ef.7 TO Tiff: ?OI:-.T OF' BEGH1NI%. THE SAIJ TRACT or LAl~J rs C0:'1PRISED or 16, 99'!) SOllARE ITET 10.3~0 ACRF.!::l. MORE Ori LESS. . HIGH COUNTRY ENGINEERING. INC. • 15l7BLAKEAVENUE.SUITE#l01 GLJ;'.NWOOC SF'l'<INGS, CO 81 60 I PHONE(970J 945-8676 FAA (970) 945-2555 \W,W!HCENG.COM GARCO ROAD ! 1 5 CRAWN OY~ BB 11N.; 60FT, 22210.18.02 ACCESS 04.17,2025 \ OF 1 AND U,TILITY EASEMENT l-=,,c,"~------------1 J:/22210!0 i: I I l r , I I!