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HomeMy WebLinkAbout1.0 Application Crystal Ranch Corp. & Clifford Cerise Ranch Co. L.L.L.P Garfield County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review Garfield County, Colorado December 23, 2013 Updated January 23, 2014 Prepared for: Barbara Hapgood, President Crystal Ranch Corp 13 Friday Lane Chapel Hill, North Carolina 27514 Michael Cerise, General Partner Clifford Cerise Ranch Co. L.L.L.P 86 County Road 104 Carbondale, Colorado 81623 Pete Siegmund, Vice President Oldcastle SW Group, Inc. 2273 River Road Grand Junction, CO 81505 Cell: 970-759-1501 Direct: 970-243-4900 PSiegmund@oldcastlematerials.com Prepared by: Douglas Pratte The Land Studio, Inc. 365 River Bend Way Glenwood Springs, Colorado 81601 Phone 970-927-3690 landstudio2@comcast.net The Land Studio, Inc. 365 River Bend Way • Glenwood Springs, CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net January 23, 2013 Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Re: Garfield County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review Application. Dear Kathy: Thank you for your letter of January 21, 2014 determining that the Garfield County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review Application is technically complete. Sixteen copies of this Application are being provided to Garfield County with some minor modifications based on our January 22, 2014 discussion and email. The list and addresses of property owners within 200’ has been updated with one address change based on the Garfield County Assessor’s records as of January 23, 2014. This updated list is included in the updated Application. The cover of the Application has been modified to include a January 23, 2014 date to reflect this update. Per our discussion, the following reflects conformance of the Garfield County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review Application with Section 3 – Transportation of the Garfield County 2030 Comprehensive Plan: - The intersection of County Road 103 and Colorado State Highway 82 has been rebuilt to provide an appropriate intersection for the uses in the previously approved Powers Pit Concrete Batch Plant Major Impact Review – Processing & 2030 Comprehensive Plan Amendment – Rural Employment Center Application. Conformance with the Comprehensive Plan was also addressed in this Application. - The intersection improvements are detailed in the Road Construction Agreement for Construction of Improvements to County Road 103 that is an Exhibit to this Garfield County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review Application. - Prior to the intersection redesign and construction, the visions, goals, policies, strategies, and actions identified in Section 3 - Transportation were considered. - The old alignment of CR 103 is being vacated as it has been reconstructed in its new location. As a result, the vacation of the old alignment of CR 103 supports Section 3 – Transportation as it provides for the relocated intersection of CR 103 and Colorado State Highway 82. Thank you for your correspondence regarding these issues and please call or email with any additional discussion. Best regards, THE LAND STUDIO, INC By: _____________________________ Douglas J. Pratte Garfield County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review Garfield County, Colorado Owner and Consultant Team Owners Barbara Hapgood, President Crystal Ranch Corp 13 Friday Lane Chapel Hill, North Carolina 27514 Michael Cerise, General Partner Clifford Cerise Ranch Co. L.L.L.P. 86 County Road 104 Carbondale, CO 81623 Oldcastle SW Group, Inc. Representative Pete Siegmund, Vice President Oldcastle SW Group, Inc. 2273 River Road Grand Junction, CO 81505 Cell: 970-759-1501 Direct: 970-243-4900 PSiegmund@oldcastlematerials.com Planning Douglas Pratte The Land Studio, Inc. 365 River Bend Way Glenwood Springs, CO 81601 Phone 970-927-3690 landstudio2@comcast.net Civil Engineering and Survey Civil Engineer Yancy Nichol Sopris Engineering 502 Main St., Ste A-3 Carbondale, CO 81623 Phone 970-704-0311 Fax 970-704-0313 ynichol@sopriseng.com County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 1 Garfield County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review Garfield County, Colorado Table of Contents LAND USE CHANGE PERMIT APPLICATION FORM .................................................................... 3! OWNERSHIP DOCUMENTATION / COUNTY ROAD 103 ROW ESTABLISHMENT AS A COUNTY ROAD / COUNTY ROAD 103 ROW TITLE OPINION OF OWNERSHIP ..................... 6! STATEMENTS OF AUTHORITY .................................................................................................... 11! PAYMENT AGREEMENT FORM ................................................................................................... 21! PRE-APPLICATION CONFERENCE SUMMARY .......................................................................... 26! COUNTY ROAD 103 ROW CURRENT CONDITION & TRAFFIC ANALYSIS OF CURRENT USES ............................................................................................................................ 31! COUNTY ROAD 103 ROW UTILITIES ........................................................................................... 31! COUNTY ROAD 103 ROW EMERGENCY USE ............................................................................ 37! ACCESS TO PUBLIC LANDS ........................................................................................................ 39! OWNERS OF SEVERED MINERAL INTERESTS .......................................................................... 39! ASSESSOR’S MAP WITH ADJACENT PROPERTY OWNERS ................................................... 41! CRYSTAL RANCH CORP PROPERTY OWNERS WITHIN 200’ .................................................. 43! VICINITY MAP ................................................................................................................................ 45! SITE PLAN ...................................................................................................................................... 47! RIGHT-OF-WAY DEDICATION AGREEMENT .............................................................................. 49! COUNTY ROAD IMPROVEMENTS AGREEMENT ........................................................................ 49! ADJACENT LAND USES ............................................................................................................... 51! SURVEY AND LEGAL DESCRIPTION .......................................................................................... 53! EXHIBITS ........................................................................................................................................ 55! County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 3 Land Use Change Permit Application Form County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 4 ; --------- PROJECT DESCRIPTION . . '. - . ExJstJng use: Improvements to the intersection of CR 103 and SH 82. ! i ,~~~~~~~~~~~~~- Proposed Use (From Use Table 3--403): _V_a_c_a_ti_o_n_o_f_L_a_n_d _______________ _ oescrJptJon of Project: Improvements to the intersection of CR 103 and SH 82. ! Proposed improvements include realigning CA 103 to create a 90° intersection with ! SH 82 which will require a portion of CR 103 to be vacated. i i j ~----------------------------------- 1 ~-----------------------------------I ..... Submission Requirements I 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. list: i Section: Section:-------------- Section: _____________ Section:-------------- Waiver of Standards 0 The Applicant is requesti ng a Waiver of Standards per Section 4-118. list: Section: Section; _____________ _ I Section: Section:-------------- L-------------------··-·-----···----·-.... I have read the statements above and have provided the required attached information which is ~~est of my knowledge. Signature of Property Owner Date OFFICIAL USE .ONLY I File Number: ____ -___ _ Fee Paid:$ ___________ _ _ :j ----------· County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 5 County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 6 Ownership Documentation / County Road 103 ROW Establishment as a County Road / County Road 103 ROW Title Opinion of Ownership The following letter provided by Land Title Guarantee Company addresses whether the proposed vacation has ever been established as a County road and provides a title opinion stating the basis for the interest in the public or County. Title documents for the Crystal Ranch Corp and Clifford Cerise Ranch Co. properties are attached as an Exhibit to this document. County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 7 Land Title 1llA A:-OTU COM PA NY 3033 East First A venue Suite 600 De n er Colorado 80206 303-321-1880 Fax 103 -1 22-7601 October 9 2013 Douglas Pratte The Land tudio 365 River B nd Wa Glenwood prings o 80601 Re: County Road I 03 acation To Whom it ma Concern: Land Title Guarante ompany has reviewed the record of The !erk and Recorders Office of Garfield County Colorado as of October 7 2013 to determine fee owner hip of the portion of County Road 103 hich tra erses Crystal Ranch orp. (parcel no . 239323400131) and Clifford Ranch Company (parcel no. 239325300158) in Govt Lots 9 and I 0 Township 7 outh Range 88 6111 PM. The record reflect that th e re has been no conveyance, eith r fee or easement to Garfield County for the portion of the road which cros s the Crystal Ranch Corp . prop rty. Fee title is culTently held in the name of C1ystal Ranch Corp. With regard to the Clifford Ceri e Ranch Company property I attach an Easement deed R ecord d ovember l 1993 under Reception no. 454977 which conve s an ea ement intere t to Garfield ount . Fee title is currently held in the name of Clifford Cerise Ranch o. L.L.L.P. l~v;d' nc d more information please let me know. Tom Schuneman ----- ConunerciaJ Title Officer Land Title Guarante Company (970) 945-2610 tschuneman@ ltgc .com County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 8 ' ~.:t:~)i I •; ~; ;v:~ ~?~No._·-1r----QUIT CLAIM DEED . ~ Tms DEED, Mac1elhia /.:::: doyo(~ between CL.r.FFORD CERISE R1\0CH aM>ANY , 19 93. I ·~J1ufi.~~lf ins uncl<r ond by vim1< o r lhc '"''" o(d., SI.lie ofColoraJo , srMNc.v. •nd THE OOARD OF O'.)l.Nl'Y a:r+ITS.SIONERS OF Gl\RFIELJ) I O'.)tNI'Y, CDIDRAOO, a b:xiy oorporate and politic, whooc lcg•I addrm ;, 11)9 -8th Street, Suite .300, G11m wood 11 Springs, l NOV 1Q1993 GARF iElD SUte Doc . Fett s _M~er __ nflhc • C011111y o( Garfield . S111< of Colo<ado, granocc, I II j' Wl'TS~ETll. Thal l ~C ~r;n10<, ,,.. •""in con•iJcratioo o( at .. wm or SEVEN TlfJUSl\ND FIVE HI.NORED I I I ($7 ,500.00) I l I ij l DOI LARS . 1hc n:ccir< •nd sdTici<nc ·o r -.hic h is hcn:by .. ·loowkJJ<d. tus rcm iscd, ... lcll>Cd. IOIJ, <on >'C)<'d ond QUIT CLAIMET>, wtJ by 1hcoe prucnh doci ~m i §C , rdeasc , sen, COCIW)' ind QUIT CLAIM UnfO 1hiir. pMO: hi' heirs aod Mii1ns loircYcr ... , -rip. Lide . irMcn:u . cJaarn u4 dcnunJ whi ch the SriRIOf has in 1rKI 10 tJ,c n:1I :wupcr1.f l0f1i."&hcr witl1 i ~cmcnu ir any, WtUMC , lyM\t and bcif\t: ~ lbc: County 11( Garfield an.I SlllC of Colondc, dconibcd .. ~~'°"'" An exclusiw easerrent fa:-a public roa.~ right-cf-way, including the exclusi ve right for the purpose o f the location , construction, operation, and use of a public ~ty road, and for drainage, and utility i_:>lao=rrent a~iated therewl th, W1ich caserrent L> located as legally described on Exl~.bit "A", ~ch is attadled hereto and incorporated herein by reference. al~ kfK'IWn by suut •nd '~mbc:r as : TO HAVE Al'-iD T(> HOU ) lh:-):1mc , lll$tlhtr wl1h cl1 1nd 11 nKul.w fr : ~p,Nfknanc« and privilC"CCS lhctturu:o ldoa&i•&. or io anywise cherwnto appen<.1inintt . ;md 0111 th4:-csu.oc . ri ttht , 1 i r 1~. mktUC and cl~i m t\.ha1soew ·. of the ~or. cithc·r in t1w or equ ity. to the oo ly propr:r\IK. bcnc:fee Md be hoof o f 1hc gr~nl«. ho. hcu'S ~nd 1ssigM fon::,·u . The 51n&ulrr number J .all i.n...t...Jc lk plural . the plural th'.. i.incutar, and lhc we or .ny aen*r shall be applicnble ao all gender>. ,lj;p,; !::eO partrership IN WITNESS WHEREOF, n.c i1111101 hu c a used ias ~' :. '"le 10 I< h<r<11nto w"bsttibcd 1,) i11 C'eneral P~.~ ·~~ ~doyaod~...arfits1.00...wri11cn. Al\CM : CJJFFORD CERISE IWnf COM?J\NY, STATE OF COLDRADO Coun1y o( C-arfjel d The forcioinJ irut.rumcn1was11t.k1.ow l<dgcdbcforc me thi s , 19 93 . !41 County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 9 ~.;.;:) ..... ,. 111· ... . , l·~"''. Aa't'tOW and \Walke,i, Ifc. Reg. Land Surveyors and F:nginc~~rs 811 Colorndo Avenue Glenwood Springs, Colorado 8 1()01 <:!O :l) !l4fl -R6!H ROADfiAY DESCRIPTION COUNTY ROAD #103 GARFIELD COUNTY, COLORADO A ROADliAY, BEING ·60 FEET IN ~IDTH, 80 FEET EACH SIDE OF THE FOLLOliING DESCRIBED CENTERLINE AS LOCATED BY FIELD SURVEY IN JllLY 1993, AND AS SITUATED IN SECTION 26, TOliNSHIP 7 SOlTTH, RANGE 88 JiEST OF THE Sl.YTH PRINCIPAL NERIDIAN ANP BEING A PORTION Of' THAT TRACT AS DESCRIBED IN l>OClTHENT RllCORVEI> IN BOOK 79 AT PAGE 95 OF THE RECORDS Of' GARFIELD COllNTY. COLORADO, SAID ROAD CENTERLINE BEING NORE PAR!'ICllLARLY DESCRIBEC> AS POf.LotiS: BEGINNING AT A POINT ON THE JiESTERL\' LINE OF SAW TRACT AS DESCRIBED IN BOOK 79 AT P;.\GE 95 FROflt JiHICH THE liITNESS CORNER TO THE SOlTTHEAST CORNER Of' SAID SECTIOA' 26 BEARS S'JlTTH 68.52'5'1" EAST A DISTANCE OF 2012.26 FEET, S:HD WITNESS CORNER BEING A STONE JIONllNENT FOlTND IN PLACE; THEN ALONG SAID ROAD,..AY CENTERLINE AS CONSTRllCTBD A:'<l' 1.V PLACE ·rnE FOLLOliING FIFTEEN COllRSES: 1) 52.89 FEET ALONG THE ARC OP A CllRVE TO THE LBPT r.-,..~:1r;a A RADiU~ OF 312.Z9 PEET, A CENTRAL ANGLE OF 08.08'26" AND A LONG CHOflV NHICH Bi.!'6:.1•: ..... ~ 1\'0RTH 38.55'23" EAST A DI$TANCE OF 52.85 FEET; 2) NORTH 34•51'10" .bAST A DISTANCE OF 123. 76 FEET; 3) 212.85 FEET ALONa THE ARC OF A CllRVc TO THE RIGHT HAVINC. A R./.JDILTS OP 1122.80, A CENTRAL ANGLE OF 10.51 '41" AND A I.O~G CHORD Jfll!CH BEARS NORTH 40•11 1 01" EAST A DISTANCE OF 212.53 FEET: 4) NORTH 45•42'52" EAST A DIS1'ANCE OF 137 . 73 FEET; .'i) 208. 78 FEET ALONG THE ARC OF A CllRVE T(: THE LEFT R.4VING A RADI':JS OF 728 .98 PEET, A CENTRAL ANGLE OF 16°24 '35 " AND A LONG CHORD 'til!!t;H BEAR.> 'NCRTH 3r3C.'34" EAST A DISTANCE OF 208. 07 FEET: 6) NORTH 29°18'17" EAST A DISTANCE OF 135.6 7 FEET; 7) 201 . 23 FEET ALONG THE ARC OF A CllRl.'£ T~ THE RIGHT HAVING A R.4I1Ii1S OF 656 . 03 PEET, A CENTRAL ANGLE OP 17°34 '31" AND A LONG CHORD fiHICH BEARS NORTH 38•J5'32" EAST A · DISTANCE OF ZOO. 45 FEE'f; 8} NOR7'H 45•52'<58" EAST A D'iSTANCE OF 235.28 fEET; 9) NOiffH 51.48 '05" EAST A DISTANCE OP 208.23 FEET; 10) NORTH 5e•2:..~'47" EAST A DISTANCE OF 301 .50 FEET: 11) 315.52 FEE':' ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RAIJJlTS OF 689.86 FEET, A CENTRAL ANGLE OF 26°12'18" I.ND A LONG CHORD ftiHl'CH BEARS :VORTJI 45•17'3.7" EAST A DISTANCK OF 312.77 PEET; 12) NORTH 32,11 '28" EAST A DISTANCE OF 120. 77 PEFT; 13) NORW 32•.13'36" EAST A DISTANCE OP 139.21 FEET; 14) 101 . 23 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADil.TS OF 356 .17 PEET, A CENT/ML. ,tN6'l,£. OF 10°17'02 .. AND A LONG CHORD "lt71JCH BEARS NOliTH 24•25•05" EAST A DISTANCE OF 1 00 . 89 FJ~E T; 15) /fOR 'TH 0 :>•19'13" EAST A DISTANCE OF 130. 28 FEET TO INTERSECT THE NORTH LINE OP SAID TRA<.--:T FJ.'OM ~HICH THE 'lil7WESS CORNER TO SAID SECTION 26 BEARS SOlTTI! 04 •21 '31" EAST A DISTANCE OF 2682.42 FEET . THE SIDE LINES OF THIS DESCRIPTION SHALL BE E.YTENDED OF SHORTENED ACCORbINGLY TO TERJtINATE AT THE WESTERLY AND NORTHERLY LINES OP THAT TRAC7 · AS DESCRIBED IN DOCU1tENT l?BCORDKD IN BOOK 79 AT .PAGE 95 C'F THE RECORDS OF SAID COLTNIT. County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 10 A.'t'tOW and <WafkE.'t 1 Reg. Land Surveyors and Engineers 811 Colorado Avenue Glenwood Springs, Colorado 81601 (~3 ) 945-8664 BEARINGS AS lfBCITED l/ERBIN ARE BASKD UPON llO#C6S/ll'ATION l'OUND ALM6 TllB MST' LI/IE Ol' SAID S6Cf'ION ZtJ. l'OUND AT TB llOlt'tll 1/1' CORllU WAS A B. L. II. ALfWilftW CAP PLACIW Uf'O# A srANIMIW K:JlfUlmNT AND A S'roN~ #CMlMNr l'OR nm WITNflSS CORnR ro ta· sounusr COR/flflt Ol' SAID S6CTION ZtJ. TOR nm PUlt~ Ol' TlrIS /¥SCRIPTIO# SAID LIN6 88'JW~N nm AJkWJr !¥SCRIBED llONf.lltENTS IS SAID TO BKAR llOlt11f 04•09 1 33• l:.tST . AUG . 16, 1993 PRBPARBD BY: SAJllUEL D. PHELPS AS C-.AltFIELD COUNTY SlTRVEYOR County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 11 Statements of Authority County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 13 STATEMENT 01' AO'l'BOIUTY Pursuant to C.R .S. §38 -30-172, the undersigned executes this Statement of Author ity o n behal f of Cifad!'.EriseRalctlC'mpeny a Limitedliabiti!ylim'tedPamtersh'.p (corporation, limited l iability company, general partnership, registered limited liability partnersh i p, registered limited liabil · ty l imited partnership, limited partnership association, government agency, t rust or other), an entity other than an individual, capabl e of holding title t o r e al property (the "Entityu ), and states as follows: The name of the Enti ty is Clifford Cerise Ranch Company, LL.LP. and is formed under the laws of _c.obad~~o~~~~~~~~~~~~~~- The mailing address for the Entity is 86 County Road 104, Carbondale, CO 81~9604 The name and/or posi tion o f the person execute instruments conveying, encumbering, affecting title to real property on behalf of Robert S . Cerise. Toni S. Cerise, and Michael B. Cerise, General Partners authorized to or otherwise t he Ent i ty is The l imitations u pon the authority o f the person named above or holding .the position describe d above to b i nd the En ity are as follows: None ~~~~~~~~~~~~~~~~~~~~~~~~~~~ (if no limitat ions, inser " one") Other matters concerning the manner in which the Ent ity deals wi th any interest i n real property are: (if no other matter, l eave this section blank) EXECUTE:D this _3__ day of ~Au........,~~p!J4:"'4'1At~----~'-20 fD. ,-=-r;:; s -c-9.~'U.-Signature: Name (typed o r pr in eel: Rllllcl4 &, ee111e. Toni S.Cerise 11•0'Ull'ael &. Gelil• Tit l e (if any) ; _Geii __ ,.,,_ra_l _Par!ners __________ _ STATE OF _c_DIOnldo ________ l ) SS. COUNTY OF _Garfield ________ ) 05/0 9 County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 14 1111 WI~• ~:ni~l.PfJ :~~t ™~ ll~tj(ljl·~Uf1Llpl/L ~11l ·l l I\' Recep t ion~: 789579 . Q8105"/2010 11 ;42 :07 RM Jean Aolbe0ro•~~!ELO COUtlTY co 1 o f 1 l?ec Fee:S11 00 oc Fe•. . """r STATBMEN'!' OF AOTBOlUTY Pursuant to c.R .S . §38-30-172, the undersigned executes this Statement of Authority on behalf of C!'lllOOICaiseRand!Car@w a LinitedliabilltyLimi1edParrrersh:p (corporation, l 'rnited liability company, general partnership, registered imited liability partnership, registered limi ted liabi ity limited partnership, limited partnership association, goverrunent agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Enti cy"), and states as follows: The name of the Entity is Clifford Cerise Ranch Company, LL.LP. and is formed under the laws of Colorado.~~~~~~~~~~~~~~~~ The mailing address for the ~ntity is 86 County Road 104. Carbondale, CO 81623-9604 The name and/or position of the person execute instruments conveying, encumbering , affecting title to rea l property on behalf of Robert S. Cerise, Toni s. Cerise. and Michael B . Cerise, General Partners authorized to or otherwise the Entity is The limitations upon the authority of the person named above or holdi ng the position described above to bind the Entity are as follows : None ~~-~~~~~---~-~~~~~-~~~-~-- (if no l irnita ions, insert: "None") Other matters concerning the manner in which t he Entity deals with any interest in real property are: (i f no other matter, leave this section blank ) EXECUTED this-..3.m_ day of -Acxrvsf: , 20 10 . ( Si g na ture: 4Z~t:b- Name (typed or printed: R I a1& ee1isc. T1"i Ii. Qelbe and Michael B. Ce<isc Title (if any) : _Ge_ne_ra_I Partn __ ms _________ _ STATE OF Colorado ~~~------) SS. COUNTY OF _Galfief __ d ___ ~ __ ) The fo_regoing instrument was acknowledged before rne this 3':9. d a y of ---.---Ul..l..:::::,-\-, 20 D by tioi..e 8orise,To1i8.8aioaen<111;ci.ae1s.eense, on behalf of Ir Cense RSiich Company , a Lit:i!adlil!>iiyl.Vniled l'neat.p -~==-u...:...:..:;...1.-,~~-.<~J-g-_ 05/09 County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 15 llll wti•.i. ~:ni~l.al.\WJ,UW. l~Pr;~f.1+1-!l~Ll+/i. M·~ I I Ill Reception#: 789578 1 08/05/2010 11 :42:07 A~ JeFan Aolb~ g~IELD COU'lTY co 1 o f 1 Rec Fee :S11 0G Ooc ee . STATBMZNT OF AU'?BOlUTY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Ci!!llrdCaiseRald\Coo!pany a Limitedl.iabilylimitedPamte~ (corporation, limited liability company, general partnership, regi stered limited liabil ity partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an ent ity other than an individual, capable of holding tit e to real property (the "Entity"), and states as follows: The name of the Entity is Clifford Cerise Ranch Company, LL.LP. and is formed under the laws of Cclarado ~~~~~~~~~~~~~~~~~ The mailing address for the Entity is 86Counly Road 104, Carbondale. 0081623-9604 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to rea l property on behalf of the Entity is Robert S. Cerise. Toni S. Cerise , and Michael B. Cerise. General Partners The limitations upon the authoricy of the person named above or holding the position described above to bind the Enti ty are as follows : NOiie --------------------~~~- (if no limitat ions, insert " oneN) Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) EXECUTED t his y+~ay of AIAgtA?t , 20-!R signature: · 7filS _~ Name (typed or printed: Roberts. oatise, ToniS. Cerise•n<I Mic:lulel e. c.inse Title (if any) : _Geneta __ 1Pa_tt>efs _________ _ STATE Or" _c_:_oto_raao _______ ) )SS. COUNTY OF _Ga_rte_ld_· ______ ) instrument was acknowledged before me this ~)day of ~:r::-::.,J.,<.~~__s,,~L!...l..o!:..._ __ , 20fil by -S.C.W..ToriS.C-C>lll1ICtlHl8.0llila, on behal f 0 --~---'--___;.~:::=.~Y-~-~~~·' a ~l.i'liled-~lialley:.::..::::..::..:.:.:..:..:Pal~~=a=s~~~~--~--~- Witness my hand and official seal. My conunission expires: J()-}3-aOJoz [SEAL) Clnn Q,1M . CaYlt2fL? 05/09 I 'otary Public) ANNE M. CANAN NOTARY PUBLIC STATE OF COLORADO w cowwn , &lftl 12'13'2012 _, County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 17 County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 19 County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 21 Payment Agreement Form County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 23 cG Garfield County Fee Schedule Adopted by Resolution 98-09 Garfield County, pursuant to Board of County Commiss ioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the process i ng of each type of subdivision and land use applications. Base Fee The Base Fee is an estimate of the average number of hours of staff time devoted to an applicat ion, multiplied by an hourly rate for the personne l i nvolved . The Board recognized that the subdivision and land use application processing time will vary and that an applicant shou ld pay for the total cost of the review which may requ i re additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined w ith an hour ly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. The Base Fees shown in the Fee Schedule shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees sha ll be in addition to and exclusive of any cost for publication or cost of consulting service determ ined necessary by the Board for the consideration of any applicat ion or additiona l County staff time or expense not covered by the Base Fee, which have not otherwise been pa i d by the app licant to the County prior to final action upon the app lication tendered to the County. Additional Staff Time Fee Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the app l icant will be billed based on actua l staff hours accrued. Any bill i ng sha ll be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay app lication fees as required, no new or additional applications will be accepted for process i ng unti l the outstanding fees are paid. Payment Type Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payab le to the Garfield County Treasurer. App li cati ons will not be accepted without the required application fee. Base Fees are non-refundable in fu ll , unless a written request for withdraw from the applicant is submitted pri or the in itial rev iew of the application materials. Payment Agreement Form Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as be i ng responsib le for payment of all costs associated with processing the application. The Agreement must be signed by the party responsib le for payment and submitted with the application in order for it to be accepted. County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 24 cG Garfield County The following guideli nes sha ll be used for the adm i nistrati on of the Fee Schedule. 1. All app li cations shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff sha ll keep accurate record of actual time requ i red for the process i ng of each land use application, zon i ng amendment, or subd ivis ion app li cation. Any additional billing will occur commensurate w ith the additi ona l costs i ncurred by the County as a result of havi ng to take more time that that covered by the base fee . 3. Any billings shall be paid prior to final consideration of any land use permit, zon i ng amendment, or subdivision plan. A ll additiona l costs shall be pa id to the executi on of the written resolution confirming action on the appl ication. 4. Fi nal Plats , Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued unti l all fees have been pa id. 5. In the event that the Board determines that special expertise i s needed to ass ist them in the review of a land use perm it, zon i ng amendment, or subd i vision application, such costs w i ll be borne by the applicant and paid pri or to the fi na l cons i derati on of the application. All additional costs shall be pa id prior to the execution of the written resolut ion confirming action on the application. 6. If an app lication invo lves mu ltiple reviews, the App li cant shall be charged the hi ghes t Base Fee listed above. 7. Types of "Procedures " not li sted in the above chart w ill be charged at an hou rl y rate based on the pertinent planning staff rate li sted above. 8. The Planning Di rector shall establish appropriate gu i delines for the co llection o f Additi onal Billings as required. County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 25 cG Garfield County FEE SCHEDULE-BASE FEES TYPE OF LAND USE ACTION ILAND USE CHANGE PERMITS General Administrative Pe r m it Li m ited Impact Review I Amendment Major Impact Review I Amen d ment Rezon i ng: Text Amendment Rezon i ng: Zone District Amendment Planned Unit Deve lopment (PUD) I Amendment Floodpla i n Deve lopment Perm i t Pipe li ne Deve lopment Plan I Amendment Vacating Public Roads & Rights-of-Way Sma l l Temporary Employee Housing M i nor Temporary Emp loyee Hous i ng Comprehensive Plan Amendment Va r iance Interpret ation Takings Determ i nation 1041: Areas & Activities of State Interest SUBDIVISIONS Sketch Plan Pre liminary Plan I Conservation Subdivision Pre liminary Plan Amendment Fi na l Plat Fi na l Plat Amendment I Correction Plat Combined Preliminary Plan and Fi na l Plat EXEMPTIONS M i nor Exemption I Amendment Major Exemption I Amendment Rural Land Deve lopment Option Exemption/ Amendment STAFF HOURLY RATE Plann i ng Director Senior Planne r Plann i ng Technician Secretary County Surveyo r Rev iew Fee (i ncludes review of Amended Plats, Final Plats, Exemption Plats) Mylar Reco r di ng Fee BASE FEE $250 $400 I $300 $525 I $400 $300 $450 $500/ $300 $400 $400 I $300 $400 $50 $250 $450 $250 $250 NO FEE $400 -$325 .... $675 +application agency revi ew fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $325 $200 $100 $1,075 $300/ $300 $400 I $300 $400 I $300 $50.50 $40.50 $33.75 $30.00 Determi ned by Surveyor $11-151 page, $10 eac h additional page County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 26 Pre-Application Conference Summary County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 27 location and Ext ent • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Deve lopment Code, effective July 15, 2013 • Location and Extent Review (Section 4 -111) • Table s contained in 4-102, Common Review Procedures; and 4 -201, Submittal Requirements Ill. REVIEW PROCESS Vacat ion of a County Road or Public Righ t of Wa y 1. Pre-application Conference. 2 . Application. 3. Determination of Complete ness. 4. Sch edule Planning Commission Public He aring (at least 30 but not more than 60 days prior to he aring). 5. Evaluation by Director/Staff Review 6. Review by the Planning Commission. 7. Schedule Board of County Commissioners Public Hearing (at least 30 but not more than 60 days prior to hearing). 8. Review and Action by the Board of County Commissioners. Location and Ext ent 1. Pre -application Conference. 2. Application. 3. Determination of Completeness. 4. Schedule Planning Commission Public Hearing (at least 7 days prior to hearing). 5. Evaluation by Director/Staff Review 6. Review and Recommendation by the Planning Commission. IV. SUBMITTAL REQUIREMENTS Vacat ion of a County Road or Public Right of Wa y Please refer directly to Tab le 4-201 and the list of General Application Materials in section 4- 203.B. County Road vacations require additional submittal information per Section 4-302. These app lication materials are generally summarized be l ow: • Application Form • Owne r ship Documentation (deed) • Statement of Authority or Letter of Authorization, as necessary • Fee Payment and Payment Agreement Form • Pre-App li cation Conference Summary • Names and addresses of al l property owners within 200 feet of project site and all mineral owners • Vicinity Map • Description of current condition, traffic analysis, etc • Utility Company(s) letter • Fire District Letter 2 County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 28 • Statement of established County Road • A title op i nion • Statement about access to public lands • Names and addresses of all property owners adj acent to ROW • Site Plan illustrating the real ignment of CR 103 and the portions of CR 103 to be vacated • Rig ht-of-Way Dedication Agreement • County Road Improvements Agreement • Statement addressing how the proj ect meets the Rev iew Criteria in Section 4-108.C. Location and Extent Review Table 4-201 lists General Application Materials and Site Plan (Section 4-203 (D)). These application materials are generally summarized below : • Application Form • Ownersh i p Documentation (deed) • Statement of Authority or Letter of Authorization, as necessary • Fee Payment and Payment Agreement Form • Pre-Application Conference Summary • Vicinity Map • Site Plan • Names and addresses of all property owners within 200 feet of project site and all m ineral owners • Site Plan illustrating the real ignment of CR 103 and the portions of CR 103 to be vacated • Statement address ing how the project meets the Review Criteria in Section 4-111.C (general conformance with the Comprehensive Plan 2030) Submit three paper copies and one CD for both applications. Additional copies will be requested upon determination of completeness . See the land use code for additional submittal requi r ements. V . APPLICATION REVIEW Vacation of a County Road or Public Right of Way a. Review by : b. Public Hearing: c. Referral Agencies : Staff for completeness recommendation and referral agencies for additional technical review _X_ Planning Comm ission _1L Board of County Comm issioners _Board of Adjustment May include Garfield County Road and Bridge Department, Fire Protection District, Garfield County Env i ronmental Health Manager, Garfield County Vegetation Manager, Garfield County Consulting Eng i neer, Colorado Parks and Wildlife, Town of Carbonda le 3 County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 29 Location and Extent Review a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hea ring : c. Referral Agencies : _K_ Planning Commission _Board of County Commissioners _Board of Adjustment May include Garfield County Road and Bri dge Department, Fire Protection District, Garfield County Environmenta l Health Manager, Garfield County Vegetation Manage r, Garfield County Consult i ng Eng i neer, Colorado Parks and Wildlife, Town o f Ca r bondale VI. APPLICATION REVIEW FEES Vacation of a County Road or Public Right of Way a. Planning Review Fees : $ 400.00 b . Referral Agency Fees : c. Total Deposit: Location and Extent Review a. Planning Review Fee s: b. Referral Agency Fees : c. Total Deposit: General Application Processing $ TBD-consu lting eng ineer/civi l eng i neer fees $ 400.00 (additional hours ar e billed at $40.50 /hour) Staff time and materia ls $ TBD-consu lt i ng eng ineer/civi l engineer fees Staff time and materia ls Planner rev iews case for comp leteness and sends to referr al agencies for comments. Case planner contacts app l icant and sets up a site visit. Staff reviews application to d etermine if it meets standards of review. Case planner makes a recommendat i on of approval, app r oval with conditions, or denial to the appropri ate hearing body. The pre-appl i cation meeting summary is only vali d for six (6) months from the date of the written summary. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factua l representat i ons that may or may not be accurate. This summary does not create a legal or vested right. 4 County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 31 County Road 103 ROW Current Condition & Traffic Analysis of Current Uses A Traffic Impact Study prepared for Lafarge West, Inc.’s Cerise and Powers Sites was prepared by Eugene G. Coppola PE, PTOE and dated January 16, 2012 is attached as an Exhibit to this document. County Road 103 ROW Utilities The following Utility Easements will be created to accommodate utilities that exist within the original CR 103 ROW but fall outside of the newly created County Road 103 Right of Way based on the realigned intersection of County Road 103 and Colorado State Highway 82. County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 32                    ! "        $% %  $ # %& %     '# # #  ( ) ) $"$ &%  #*  '     % # + , -  #  )  #       -. , ""    +, - $ ",   / #       #  ""  % #$ ' ""2222222      %  + , -$ ",   +, - ",  +,- ",       %         %  " ,  " , ", +,- +, -$ ",  ",  ", ", +, - + ,-$ " ,  ",  " , " , + ,- +,- ",  '   1"# " " "3) County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 33                    ! "        $% %  $ # %& %     '# # #  &%  #* % #  '       '  $ %  #  $% %  $ # %& %    '# # #  $ % %  ' %$   '    " # % #  '$ %    %       #+ , - $ % #       % #  0        ' #$*       &   $ ' %      " #$%     +, -$  #"# 0 %    $ ' % #$  % * " #    % #    %#   # " #     #+,-%+, -$"# 0 + , -$"# 0 "#    % #    % %   # "#     #+, -%+ ,-$" #     %   '# $   '  % ' %     "  #   '0 %     ' +, -  #"# 0 %     '    % %  '  '# %  % #$ '# 2222222222 22  "2222222#    ' %#$  $ * "#    % #    %#   # " #     #+ ,-%+,-  #"# 0 +,-"#   % #  "      1 #  " "  '     ( ) ) $"$ County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 34                    ! "     # "       $% %  $ # %& %     '# # #  () ) $"$ &%  #*  '     % # + , -  #  )  #       -. , ""     / #       #  ""  % %$ '" ""   """ " ""   + ,- $   ",  '   0"# " " "1)       %  + , -$ ",  + ,- " ,  +,-$ " ,   + ,-  ",   +, -$ " ,      %        %  " ,  " ,  ", + ,- + ,- ", County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 35                    ! "     # "       $% %  $ # %& %     '# # #  () ) $"$ &%  #*  '     % #  '       '  $ %  #  $% %   $ # %& %    '# # #  $ % % ' %      "  # % #  '$ %     %      #+ , - $ %  #      % #  2         ' #$*       %  ' $  '  % ' %      " #   '#$%    + ,$  #"# 2 %      '+ , -$  #"#     %   '#  '    "    % ' %  3  '    "2 %     '+ ,-  # " # 2 %        ' +,-$  #" #     % %'  % #$ '#  %   4444444444 44  "4444444#   '2 %     % #$ ' + ,-  # "# 2 %       % #$ ' " #    % #    %# %     # " # 2     #+ ,-% + ,-  # "#     %  ' $   ' %      "  #   '  % ' %      " #   ' 2 %     ' +, -$  # " #   % #  "      0 #  "  " County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 37 County Road 103 ROW Emergency Use The following letter from the Carbondale and Rural Fire Protection District illustrates their approval of the new access to the Powers Pit Concrete Batch Plant. Emergency access to all properties from County Road 103 will be improved by the realignment of the County Road 103 and Colorado State Highway 82 intersection. November28,2011 Tamra Allen Garfield County Building &Planning 108 8th Street,Suite 201 Glenwood Springs,CO 81601 RE:Powers Pit Concrete Batch Plant -Access Dear Tamra: I have reviewed the proposed new access for the Powers Pit concrete batch plant.The proposed new access to the plant would be off County Road 103 and the existing access off Highway 82 would be abandoned.The new access is proposed to have two separate lanes,separated by an 8- foot wide median.The proposed access is acceptable. Please contact me if you have any questions or if I may be of any assistance. B ill Gavette Deputy Chief Carbondale &Rural Fire Protection District 300 Meadowood Drive •Carbondale,CO 81623 •970-963-2491 Fax 970-963-0569 FIRE .EMS RESCUE County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 39 Access to Public Lands Access to all properties from County Road 103 will be unaffected by the vacation of County Road 103 based on the realignment of the County Road 103 and Colorado State Highway 82 intersection, and the dedication of new Right of Way for the realigned portion of County Road 103. Owners of Severed Mineral Interests The following list of Owners of Severed Mineral Interests was originally included in the Crystal Ranch Corp Concrete Batch Plant Major Impact Review – Processing & 2030 Comprehensive Plan Amendment – Rural Employment Center Application dated June 30, 2011 and updated August 10, 2011: OWNERS OF SEVERED MINERAL INTERESTS The persons listed below are the record owners of an undivided one-half (1/2) interest in and to all oil, gas, and other minerals in or under the subject property by virtue of a reservation thereof in that certain Warranty Deed dated January 22, 1959 and recorded January 31, 1959 in Book 315 at Page 10 as Reception No. 204227, to wit: Edith James aka Edith S. James Freeman S. James aka F. S. James aka Freeman Smith James Shirley L. Sparks (formerly Shirley L. James) Of the County of Garfield, State of Colorado. March 14, 2011 5056082_1.DOCX County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 41 Assessor’s Map with Adjacent Property Owners County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 43 Crystal Ranch Corp Property Owners within 200’ Updated 1/23/14 1. 239323400361 Michael & Susan Thompson 259 St. Germain Lane Pleasant Hill, CA 94523 2. 239323400130 Von Tefs, Lisa Gail 624 3rd Key Drive Ft. Lauderdale, FL 33304 3. 239323100287 Diane Damerau 37 Wellsford Drive Goshen, CT 06756-1817 4. 239323100282 Richard & Loraine Conner 473 County Rd. 112 Carbondale, CO 81623 5. 239323100284 Todd Cramer 1411 Green Meadow Dr. Carbondale, CO 81623 6. 239323100125 Richard & Denise Hayes 468 County Rd. 112 Carbondale, CO 81623- 0005 7. 239324206026 BOKF NA DBA BK OF OKLAHOMA SCCR IN INT T Attn: BOK CRES BTS – 3S P.O. Box 2300 Tulsa, OK 74135 8. 239324306027 BOKF NA DBA BK OF OKLAHOMA SCCR IN INT T Attn: BOK CRES BTS – 3S P.O. Box 2300 Tulsa, OK 74135 9. 239324306028 BOKF NA DBA BK OF OKLAHOMA SCCR IN INT T P.O. Box 2300 BTC3S Tulsa, OK 74102 10. 239324306037 BOKF NA DBA BK OF OKLAHOMA SCCR IN INT T 5956 Sherry Lane, Ste. 600 Dallas, TX 75225 11. 239323400386 John F. & John D. Davis P.O. Box 966 Basalt, CO 81621 12. 239324300385 John Davis P.O. Box 2025 Carbondale, CO 81623 13. 239324304001 George & Martha Clemons 39433 Harbor Hills Blvd. Lady Lake, FL 32159 14. 239324304002 Arthur McMahon Family Trust 1483 Falkirk Lane Kennesaw, GA 30152- 6701 15. 239324304009 Brad & Julie Hardman P.O. Box 12232 Aspen, CO 81612 16. 239324304010 Thomas & Marilyn Hays P.O. Box 717 Carbondale, CO 81623 17. 239325204011 Brian & Sandra Gaddis 1215 County Rd. 111 Carbondale, CO 81623- 9218 18. 239325204012 Christopher & Jonna Sue Coyle 501 Wooden Deer Road Carbondale, Co 81623 19. 239325204013 Richard & Connie McCrudden 499 Wooden Deer Rd. Carbondale, CO 81623 20. 239325204022 Jonathan & Lucie Fitch 12 Williams Lane Chappaqua, NY 10514-2623 21. 239325300158 Clifford Cerise Ranch Co. 86 County Rd. 104 Carbondale, CO 81623 22. 239326300002 Bailey Family Investment Co. c/o Iron Rose Ranch 1000 Blue Heron Lane Carbondale, CO 81623 County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 44 23. 239326300003 Bailey Family Investment Co. c/o Iron Rose Ranch 1000 Blue Heron Lane Carbondale, CO 81623 24. 239326400004 Bailey Family Investment Co. c/o Iron Rose Ranch 1000 Blue Heron Lane Carbondale, CO 81623 25. 239326300005 Bailey Family Investment Co. c/o Iron Rose Ranch 1000 Blue Heron Lane Carbondale, CO 81623 26. 239326300006 Ryobi Foundation 210 Tenth Street Glenwood Springs, CO 81601 27. 239327100017 Gary Clyde & Catherine Marshall 12748 Hwy. 82 Carbondale, CO 81623 28. 239327401001 Kathryn Ann & William Bollock 12752 Hwy 82 Carbondale, CO 81623 29. 239327401004 Divide Creek Land & Cattle 12744 Hwy. 82 Carbondale, CO 81623 30. 239327400033 Thomas & Mary Beth Joiner 12907 Hwy. 82 Carbondale, CO 81623 31. 239327400035 Thomas & Mary Beth Joiner 12907 Hwy. 82 Carbondale, CO 81623 32. 239327400036 Michael Stahl 12905 Hwy. 82 Carbondale, CO 81623 33. 239327100001 Kimiko Powers 13112 Hwy. 82 Carbondale, CO 81623 34. 239327401004 Divide Creek Land and Cattle, Co. 12744 Highway 82 Carbondale, CO 81623 35. 239316300954 Bureau of Land Management Attn: Colorado River Valley Field Office 2300 River Frontage Rd. Silt, CO 81652 36. State Department of Highways 4201 E. Arkansas Ave. Denver, CO 8022 County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 45 Vicinity Map County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 47 Site Plan County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 49 Right-of-Way Dedication Agreement Per the Road Construction Agreement for Construction of Improvements to County Road 103 previously recorded at Reception # 83949, “The Landowners agree that the deeds referenced in Paragraphs G and H of the Recitals and attached as Exhibits A and B, have been tendered to the BOCC for recording once Road 103 has been constructed and accepted as a County road. Pending completion of Road 103 and acceptance by the BOCC, the Landowners understand that the original deeds will be kept in a vault by the County Treasurer. The BOCC agrees not to execute the acceptance of the deed, nor cause it to be recorded until the improvements to Road 103 are accepted by the BOCC. Acceptance of Road 103 and direction to record the warranty deeds shall occur by resolution of the BOCC at a duly noticed public meeting. In the event that the BOCC does not accept Road 103 as a County road, the deeds will be returned to the respective Landowner without recording.” The Road Construction Agreement for Construction of Improvements to County Road 103 previously recorded at Reception # 83949 is attached as an Exhibit to this document. County Road Improvements Agreement The Road Construction Agreement for Construction of Improvements to County Road 103 previously recorded at Reception # 83949 was entered into by and between the County Commissioners of Garfield County, Colorado ("BOCC"), and Crystal Ranch Corp. and Clifford Cerise Ranch Co., L.L.L.P. (together the "Landowners"), and Lafarge West, Inc., a Delaware corporation ("Lafarge"), (collectively the “Parties"), to construct improvements to County Road 103, to provide for the acceptance of such road improvements as a county road, and to provide for the funding of the construction of such road improvements. The Road Construction Agreement for Construction of Improvements to County Road 103 previously recorded at Reception # 83949 is attached as an Exhibit to this document. County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 51 Adjacent Land Uses County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 53 Survey and Legal Description County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 54 EX HI BIT MAP OF : COUNTY ROAD 103 ROADWAY TO BE VACATED LOT 10, SECT ION 26 , TOWNS HIP 7 SO UTH, RANGE 88 WES T OF THE SIXT H PR INCIPA L MER IDIAN COUNTY OF GARF IELD, STATE OF CO LORADO SHEET 2 OF 2 ROADWAY TO BE VACATED THE ROADWAY TO BE VACATED BEING A PORTION OF THATROADWAY DESCR IBED IN THE DOCUMENT RECORDED NOVEMBER 10, 1993 AS RECEP TION NO. 454977 OF THE GARFIELD COUNTY RECORDS AND WITHIN LOT 10 OF SECTION 26, TOWNSH IP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, WITH ALL BEARINGS CONTAINED HEREIN BE ING RELAT IVE TO A BEARING OF S 89°59'06" E BETWEEN THE NfG CORNER OF SAID SECTIONS 26 AND 27 AND THE N-CfG OF SAID SECTION 26; SAID ROADWAY TO BE VACATED BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT ON THE EASTERLY BOUNDARY OF THE PROPERTY DESCRIBED IN THE DOCUMENT RECORDED NOVEMBER 2, 2006 AS RECEPTION NO. 710307 FROM WHENCE SAID N fG CORNER BEARS N.46"54'41"W., A DISTANCE OF 4,448.44 FEET; THENCE LEAV ING SAID BOUNDARY AND ALONG THE CENTERLINE OF SAID RECORDED ROADWAY THE FOLLOW ING THREE (3) COURSES: 1) 47.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT, 372.29 FOOT RADIUS, CENTRAL ANGLE IS 07°22'28 " (CHORD N 38°33'53 " E, 47.88 FEET); 2) N 34°52'40" E, 123.76 FEET; 3) 172.05 FEET ALONG THE ARC OF A CURVE TO THE RIGH T, 1122.80 FOO T RAD IUS, CENTRAL ANGLE IS 08°46'47" {CHORD N 39°16'03" E, 171.88 FEET) TO THE PO INT OF TERMINUS FROM WHENCE SAID NfG BEARS N 54°20'06" W, A DISTANCE OF 4,446.71 FEET. SAID ROADWAY TO BE VACATED CONTA INS 20,207 SQUARE FEET OR 0.463ACRES, MORE OR LESS. SOPRIS ENGINEERING -LLC CIVIL CONS ULT ANTS 502 MAIN STR EET, SUIT E A3 CARBONDA LE , CO LORADO 81623 (970) 704-03 11 SO PR ISENG@SOPR ISE NG.CO M GR K 12138 12 20 2012 11016-CE RISE ROW .DWG County Road 103 Vacation of a County Road or Public Right-of-Way & Location and Extent Review 55 Exhibits A. Crystal Ranch Corp. Title Documents B. Clifford Cerise Ranch Co. L.L.L.P. Title Documents C. Road Construction Agreement for Construction of Improvements to County Road 103 CUSTOMER DISTRIBUTION Date:Our Order Number: Property Address: If you have any inquiries or require further assistance, please contact one of the numbers below: 10-22-2013 ABC63008281 13114 HIGHWAY 82 CARBONDALE, CO 81623 For Title Assistance: Scott Bennetts Scott Bennetts 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 Phone: 303-850-4175 Fax: 303-850-4184 EMail: sbennetts@ltgc.com LAND STUDIO 365 RIVERBEND WAY GLENWOOD SPRINGS, CO 81601 Attn: JULIE PRATTE Phone: 970-927-3690 EMail: jjpratte@comcast.net Sent Via EMail Land Title Guarantee Company Date: Our Order Number: Buyer/Borrower: Seller/Owner: Property Address: Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.comfor directions to any of our 54 office locations. THANK YOU FOR YOUR ORDER! ESTIMATE OF TITLE FEES If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL Form CONTACT 06/04 10-22-2013 ABC63008281 A BUYER TO BE DETERMINED CRYSTAL RANCH CORP., A COLORADO CORPORATION 13114 HIGHWAY 82 CARBONDALE, CO 81623 TBD Commitment $199.00 $199.00 Land Title Guarantee Company LAND TITLE GUARANTEE COMPANY INVOICE NO. - Amount Due - Invoice Charges Invoice Date: Order No. Due and payable upon receipt. For Remittance please refer to Invoice No. Please make checks payable to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Suite 125 Greenwood Village, CO 80111-4701 Owner: Address: ABC63008281 CRYSTAL RANCH CORP., A COLORADO CORPORATION 13114 HIGHWAY 82 CARBONDALE, CO 81623 October 22, 2013 GWS-3755 GWS-3755 JULIE PRATTE 365 RIVERBEND WAY GLENWOOD SPRINGS, CO 81601 TBD Commitment $199.00 $199.00 Schedule A Our Order No. Cust. Ref.: 1. Effective Date: 2. Policy to be Issued, and Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: 4. Title to the estate or interest covered herein is at the effective date hereof vested in: 5. The Land referred to in this Commitment is described as follows: Property Address: ______________________________________________________________________________________________ Copyright 2006-2013 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. ABC63008281 A L T A C O M M I T M E N T 13114 HIGHWAY 82 CARBONDALE, CO 81623 August 23, 2013 at 5:00 P.M. "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 A Fee Simple CRYSTAL RANCH CORP., A COLORADO CORPORATION SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Old Republic National Title Insurance Company LEGAL DESCRIPTION Our Order No:ABC63008281 A PARCEL OF LAND SITUATED IN THE E1/2SE1/4 OF SECTION 23, LOTS 1, 2, 3, 4, 5, 6, 7,8, 10, 11, 12, 13 OF SECTION 26, LOTS 1, 6, 7, 8, 9 OF SECTON 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 23, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE, THE POINT OF BEGINNING; THENCE S 04 DEGREES 11 ' 39" W ALONG THE EASTERLY LINE OF SECTION 26 A DISTANCE OF 1363.18 FEET TO THE NORTH SIXTEENTH CORNER OF SECTION 26 AND SECTION 25, A BLM CAP IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 04 DEGREES 11' 15" W 882.42 FEET; THENCE LEAVING SAID EASTERLY LINE S 89 DEGREES 58' 54" W ALONG THE NORTHERLY LINE OF GOVERNMENT LOT 8 A DISTANCE OF 441.01 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO. 241101 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, A REBAR AND CAP L.S. #19598 IN PLACE; THENCE S 02 DEGREES 54' 54" W ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 134.10 FEET TO A REBAR AND CAP L.S. #27613 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 32 DEGREES 28' 54" W 435.00 FEET TO A REBAR AND CAP L.S. # 27613 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 58 DEGREES 20' 54" W 471.00 FEET TO A REBAR AND CAP L.S. #19598 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 46 DEGREES 47 ' 54" W 964.00 FEET TO A REBAR AND CAP L.S. #19598 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 38 DEGREES 58' 54" W 245.00 FEET TO A REBAR AND CAP L.S. #19598 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 20 DEGREES 31 ' 54" W 586. 43 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 82, A REBAR AND CAP L.S. #19598 IN PLACE; THENCE N 75 DEGREES 41' 08" W ALONG SAID NORTHERLY RIGHT-OF-WAY 86.22 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 17 DEGREES 10' 22" E 115.01 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 72 DEGREES 49' 38" W 100.00 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S 17 DEGREES 10 ' 22" W 120.00 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 75 DEGREES 41' 08" W ALONG SAID NORTHERLY RIGHT-OF-WAY 200.32 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 72 DEGREES 49' 38" W 1100.00 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 69 DEGREES 00' 38" W 37.47 FEET TO A POINT ON THE EASTERLY LINE OF GOVERNMENT LOT 13, A REBAR AND CAP L.S. #27613 IN PLACE; THENCE LEAVING SAID RIGHT-OF-WAY N 00 DEGREES 03' 08" W ALONG THE EASTERLY LINE OF GOVERNMENT LOT 13 A DISTANCE OF 282.77 FEET TO A REBAR AND CAP L.S. #27613 IN PLACE; THENCE LEAVING SAID EASTERLY LINE S 84 DEGREES 41' 00" W 251.75 FEET TO A REBAR AND CAP L.S. #27613 IN PLACE; THENCE N 68 DEGREES 30' 55" W 452.94 FEET TO A POINT ON THE NORTHERLY LINE OF SAID GOVERNMENT LOT 13, A REBAR AND CAP L.S. #27613 IN PLACE; THENCE N 89 DEGREES 50 ' 38" W ALONG SAID NORTHERLY LINE 787.55 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID STATE HIGHWAY NO. 82, A REBAR AND CAP L.S. #27613 IN PLACE; THENCE N 72 DEGREES 50' 07" W ALONG SAID NORHTERLY RIGHT-OF-WAY 260.97 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 73 DEGREES 16' 36" W 437.06 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1950.00 FEET AND A CENTRAL ANGLE OF 17 DEGREES 33' 00" A DISTANCE OF 597.30 FEET (CHORD BEARS N 82 DEGREES 04' 37" W 594.96 FEET); THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 89 DEGREES 08 ' 53" W 32.40 FEET TO A CDOT RIGHT-OF-WAY MONUMENT IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 77 DEGREES 38' 38" W 141. 70 FEET TO A CDOT RIGHT-OF-WAY MONUMENT IN PLACE, THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 89 DEGREES 09' 30" W 340.31 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF DIXON SUBDIVISION AS AMENDED; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY N 00 LEGAL DESCRIPTION Our Order No:ABC63008281 DEGREES 00' 21" W ALONG THE EASTERLY LINE OF SAID SUBDIVISION AND SAID EASTERLY LINE EXTENDED 1009.99 FEET TO POINT ON THE NORTHERLY LINE OF GOVERNMENT LOT 6 OF SAID SECTION 27; THENCE N 88 DEGREES 32' 33" E ALONG SAID NORTHERLY LINE OF SAID GOVERNMENT LOT 6 A DISTANCE OF 55.01 FEET TO THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 1; THENCE N 00 DEGREES 35' 37" E ALONG THE WESTERLY LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 914.30 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 27, A BLM CAP IN PLACE; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 1 S 88 DEGREES 41' 05" E 1296.82 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTION 27 AND SECTION 26, A BLM CAP IN PLACE; THENCE S 89 DEGREES 59' 06" E ALONG THE NORTHERLY LINE OF GOVERNMENT LOT 4 AND LOT 3 OF SAID SECTION 26 A DISTANCE OF 2923.75 FEET TO THE NORTH-CENTER SIXTEENTH CORNER OF SAID SECTION 26, A BLM CAP IN PLACE; THENCE S 89 DEGREES 09' 48" E ALONG THE NORTHERLY LINE OF GOVERNMENT LOT 2 A DISTANCE OF 1306.83 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 26, A 3 1/4" ALUMINUM CAP L.S. #19598 SET IN PLACE; THENCE N 04 DEGREES 07 ' 35" E ALONG THE WESTERLY LINE OF THE NE1/4NE1/4 OF SAID SECTION 26 A DISTANCE OF 1379.95 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION 26 AND SECTION 23, A BLM GAP INPLACE; THENCE N 01 DEGREES 15' 55" W ALONG THE WESTERLY LINE OF THE E1/2SE1/4 OF SAID SECTION 23 A DISTANCE OF 2603.33 FEET TO THE EAST-CENTER SIXTEENTH CORNER OF SAID SECTION 23, A BLM CAP IN PLACE; THENCE N 89 DEGREES 52' 54" E ALONG THE NORTHERLY LINE OF SAID E1/2SE1/4 A DISTANCE OF 1237.65 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 23, A COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE S 02 DEGREES 43' 05" E ALONG THE EASTERLY LINE OF SAID SECTION 23 A DISTANCE OF 1321.92 FEET TO THE SOUTH SIXTEENTH CORNER OF SAID SECTION 23 AND SECTION 24, A BLM CAP IN PLACE; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID SECTION 23 S 02 DEGREES 47' 35"E 1322.21 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE PROPERTY DESCRIBED IN INSTRUMENT RECORDED JUNE 5, 2001 IN BOOK 1258 AT PAGE 902 AND INSTRUMENT RECORDED AUGUST 4, 2003 IN BOOK 1501 AT PAGE 322 EXCEPTING THE PARCEL OF LAND RECORDED IN INSTRUMENT RECORDED APRIL 16, 2001 IN BOOK 1245 AT PAGE 659 AND PARCEL OF LAND RECORDED IN INSTRUMENT RECORDED NOVEMBER 2, 2007 UNDER RECEPTION NO. 736678 AND FURTHER EXCEPTING THE PARCEL OF LAND DESCRIBED IN INSTRUMENT RECORDED FEBRUARY 4, 2013 UNDER RECEPTION NO. 830840. COUNTY OF GARFIELD STATE OF COLORADO The following are the requirements to be complied with: (Requirements)Our Order No. A L T A C O M M I T M E N T Schedule B-1 ABC63008281 Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. NOTE: THE COMMITMENT DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS. NOTE: THIS COMMITMENT IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (Exceptions)Our Order No. A L T A C O M M I T M E N T Schedule B-2 ABC63008281 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 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. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 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. 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. (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. (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, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. EXISTING LEASES AND TENANCIES. 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 MARCH 14, 1894, IN BOOK 12 AT PAGE 307. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED IN BOOK 12 AT PAGE 526. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (Exceptions)Our Order No. A L T A C O M M I T M E N T Schedule B-2 ABC63008281 12. 13. 14. 15. 16. 17. RECORDED FEBRUARY 19, 1923 IN BOOK 73 AT PAGE 130. 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 MAY 09, 1898, IN BOOK 12 AT PAGE 485. 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 MAY 27, 1895, IN BOOK 12 AT PAGE 366. RESERVATONS AS CONTAINED IN DEED FROM EDITH JAMES, ALSO KNOWN AS EDITH S. JAMES, FREEMAN S. JAMES, ALSO KNOWN AS F.S. JAMES AS FREEMAN SMITH JAMES AND SHIRLEY L. SPARKS (FORMERLY SHIRLEY L. JAMES) TO RICHARD C. MARTIN AND WILMA S. MARTIN, RECORDED JANUARY 31, 1959, IN BOOK 315 AT PAGE 10, PROVIDING AS FOLLOWS: AND PROVIDED FURTHER THAT THE GRANTORS HEREIN, FOR THEMSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS RESERVE, AND EXCEPT FROM THIS CONVEYANCE, AN UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS IN OR UNDER SAID LAND, OR WHICH MAY BE RECOVERED THEREFROM, AND ALSO THE RIGHT OF INGRESS AND EGRESS TO GO UPON SAID LANDS AND DRILL, PROSPECT FOR, AND PRODUCE, ANY SUCH OIL, GAS OR OTHER MINERALS, SUBJECT TO THE CONDITION THAT THE OWNERS OF SUCH RESERVED MINERAL ESTATE WILL BE REQUIRED TO PAY THE SURFACE OWNER ALL DAMAGES OCCASIONED BY ANY DRILLING, PROSPECTING, OR OTHER PRODUCTION OPERATIONS. RIGHT OF WAY FOR THE NICHOLS DITCH AS SHOWN BY MAP AND STATEMENT FILED FOR RECORD JUNE 1, 1895 AS RECEPTION NO. 18448. RIGHTS OF WAY FOR THE NICHOLS DITCH, THE FIRST ENLARGEMENT OF THE KELSO DITCH AND THE SECOND ENLARGEMENT OF THE KELSO DITCH, AS EVIDENCED BY DECREE RECORDED FEBRUARY 3, 1941 IN BOOK 201 AT PAGE 68, CERTIFICATE OF WATER RIGHTS RECORDED MAY 24, 1958 IN BOOK 309 AT PAGE 30 AND CERTIFICATE OF WATER RIGHTS RECORDED MAY 24, 1958 IN BOOK 309 AT PAGE 31. RIGHT OF WAY AND EASEMENT AGREEMENT FOR ROAD PURPOSES AS GRANTED IN INSTRUMENT RECORDED JUNE 10, 1968 IN BOOK 395 AT PAGE 23. The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (Exceptions)Our Order No. A L T A C O M M I T M E N T Schedule B-2 ABC63008281 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. RIGHT OF WAY FOR ROAD PURPOSES AS GRANTED IN WARRANTY DEED FROM JOHN G. POWERS TO RICHARD C. MARTIN AND WILMA S. MARTIN RECORDED JULY 13, 1973 IN BOOK 447 AT PAGE 178 AND AS CONVEYED IN DEED RECORDED APRIL 16, 2001 UNDER RECEPTION NO. 579332. RIGHT OF WAY EASEMENT TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY AS GRANTED BY INSTRUMENT RECORDED IN BOOK 454 AT PAGE 198. EASEMENT TO U.S. WEST COMMUNICATIONS, INC. AS GRANTED BY INSTRUMENT RECORDED JULY 12, 1991 IN BOOK 808 AT PAGE 419. RIGHT OF WAY EASEMENT TO U.S. WEST COMMUNICATIONS, INC. AS GRANTED BY INSTRUMENT RECORDED JULY 21, 1991 IN BOOK 808 AT PAGE 422. RIGHT OF WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIATION, INC. FOR AN ELECTRIC TRANSMISSION OR DISTRIBUTION LINE AS GRANTED BY INSTRUMENT RECORDED MARCH 31, 1972 IN BOOK 428 AT PAGE 541. RIGHT OF WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIATION, INC. AS GRANTED BY INSTRUMENT RECORDED MAY 25, 1973 IN BOOK 445 AT PAGE 79. RIGHT OF WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIATION, INC. AS GRANTED BY INSTRUMENT RECORDED 3 6, 1980 IN BOOK 544 AT PAGE 860 AND RECORDED MARCH 19, 1991 IN BOOK 800 AT PAGE 565 AND RECORDED AUGUST 28, 1995 IN BOOK 951 AT PAGE 287. RIGHT OF WAY EASEMENTS TO HOLY CROSS ENERGY AS GRANTED BY INSTRUMENT RECORDED MAY 30, 2000 IN BOOK 1189 AT PAGE 639, IN BOOK 1189 AT PAGE 641 AND IN BOOK 1189 AT PAGE 643. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT, DEEDS AND AGREEMENT RECORDED SEPTEMBER 04, 1992 IN BOOK 840 AT PAGE 970. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN FINDINGS AND DECREE RECORDED MARCH 17, 1994 IN BOOK 896 AT PAGE 1. The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (Exceptions)Our Order No. A L T A C O M M I T M E N T Schedule B-2 ABC63008281 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RULE AND ORDER RECORDED JANUARY 31, 1975 IN BOOK 468 AT PAGE 518. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 05, 2001 IN BOOK 1243 AT PAGE 151. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JUNE 05, 2001 IN BOOK 1258 AT PAGE 909. TERMS, CONDITIONS AND PROVISIONS OF ORDER RECORDED AUGUST 04, 2003 IN BOOK 1501 AT PAGE 322. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN HOLY CROSS ENERGY RIGHT OF WAY EASEMENT RECORDED AUGUST 28, 2008 UNDER RECEPTION NO. 754761. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN TRENCH, CONDUIT, AND VAULT AGREEMENT RECORDED JUNE 01, 2010 UNDER RECEPTION NO. 786667. EASEMENT GRANTED TO HOLY CROSS ENERGY, A COLORADO CORPORATION, FOR UNDERGROUND ELECTRIC TRANSMISSION OR DISTRIBUTION LINE, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED JUNE 01, 2010, UNDER RECEPTION NO. 786668. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED OCTOBER 11, 2011 AT RECEPTION NO. 809167. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2011-77 RECORDED DECEMBER 14, 2011 AT RECEPTION NO. 811974. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED MARCH 19, 2012 AT RECEPTION NO. 816135 AND RECORDED JUNE 13, 2012 UNDER RECEPTION NO. 819980. The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (Exceptions)Our Order No. A L T A C O M M I T M E N T Schedule B-2 ABC63008281 38. 39. 40. 41. 42. TERMS, CONDITIONS AND PROVISIONS OF VIEW PLANE EASEMENT AND COVENANTS RECORDED MARCH 19, 2012 AT RECEPTION NO. 816134. TERMS, CONDITIONS AND PROVISIONS OF ROAD CONSTRUCTION AGREEMENT RECORDED MAY 07, 2013 AT RECEPTION NO. 834949. TERMS, CONDITIONS AND PROVISIONS OF LAND USE CHANGE PERMIT RECORDED MAY 14, 2013 AT RECEPTION NO. 835254. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF LEASE RECORDED JULY 23, 2013 AT RECEPTION NO. 838315. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED JULY 12, 2013 UNDER RECEPTION NO. 837919 AND RECORDED JULY 25, 2013 UNDER RECEPTION NO. 838444. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that:A) The subject real property may be located in a special taxing district.B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the CountyTreasurer or the County Treasurer's authorized agent.C) The information regarding special districts and the boundaries of such districts may be obtained fromthe Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. 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 bottommargin 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 Regulation 3-5-1, Section 7L requires that "Everytitle entity shall be responsible for all matters which appear of record prior to the time of recordingwhenever the title entity conducts the closing and is responsible for recording or filing of legaldocuments resulting from the transaction which was closed". Provided that Land Title GuaranteeCompany conducts the closing of the insured transaction and is responsible for recording thelegal documents from the transaction, exception number 5 will not appear on the Owner's TitlePolicy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletionof Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to beissued) upon compliance with the following conditions:A) The land described in Schedule A of this commitment must be a single family residence whichincludes a condominium or townhouse unit.B) No labor or materials have been furnished by mechanics or material-men for purposes ofconstruction on the land described in Schedule A of this Commitment within the past 6 months.C) The Company must receive an appropriate affidavit indemnifying the Company against un-filedmechanic's and material-men 's liens.D) The Company must receive payment of the appropriate premium.E) If there has been construction, improvements or major repairs undertaken on the property to be purchasedwithin six months prior to the Date of the Commitment, the requirements to obtain coveragefor unrecorded liens will include: disclosure of certain construction information; financial informationas to the seller, the builder and or the contractor; payment of the appropriate premium fullyexecuted Indemnity Agreements satisfactory to the company, and, any additional requirementsas may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insuredhas contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given:This notice applies to owner's policy commitments containing a mineral severance instrumentexception, or exceptions, in Schedule B, Section 2.A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwiseconveyed from the surface estate and that there is a substantial likelihood that a third partyholds some or all interest in oil, gas, other minerals, or geothermal energy in the property; andB) That such mineral estate may include the right to enter and use the property without thesurface owner's permission. 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 or insurance, and civildamages. Any insurance company or agent of an insurance company who knowinglyprovides false, incomplete, or misleading facts or information to a policyholderor claimant for the purpose of defrauding or attempting to defraud the policyholderor claimant with regard to a settlement or award payable from insurance proceedsshall be reported to the Colorado division of insurance within the departmentof regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coveragesreferred to herein unless the above conditions are fully satisfied. DISCLOSURE 02/2011 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents 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 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 either obtain 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 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 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 Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.ORT WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Commitment to Insure ALTA Commitment - 2006 Rev. CC.ORT.06 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage ", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company 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. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612) 371-1111 _______________________________________ Authorized Signature Mark BilbreyPresident Rande YeagerSecretary CUSTOMER DISTRIBUTION Date:Our Order Number: Property Address: If you have any inquiries or require further assistance, please contact _______________________________________ Phone:Fax: Form DELIVERY.LP 03-15-2013 ABC63007892 13114 HIGHWAY 82 CARBONDALE CO 81623 HOLLAND AND HART 600 E MAIN ASPEN, CO 81611 Attn: ART DAILY Phone: 970-925-3476 Fax: 970-925-9367 EMail: adaily@hollandhart.com Sent Via EMail Land Title Guarantee Company Commercial Title Dept. 303-850-4175 LTG Policy No. Our Order No. Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of 1. Title to said estate or interest at the date hereof is vested in: 2. The estate or interest in the land hereinafter described or referred to covered by this Binder is: Liability: PROPERTY INFORMATION BINDER Fee: ABC63007892 BOARD OF GARFIELD COUNTY COMMISSIONERS , ITS SUCCESSORS AND/OR ASSIGNS LTAQ63007892 $50,000.00 CLIFFORD CERISE RANCH CO. Form PIB/ORT A Fee Simple Land Title Guarantee Company Representing Old Republic National Title Insurance Company $500.00 March 08, 2013 at 5:00 P.M. LTG Policy No. Our Order No. 3. The land referred to in this Binder is situated in the State of Colorado, County of described as follows: 4. The following documents affect the land: ABC63007892 GARFIELD 1. 2. 3. 4. 5. Form PIB/ORT 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 MAY 08, 1898, IN BOOK 12 AT PAGE 485. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 08, 1898, IN BOOK 12 AT PAGE 485. 2/3 INTEREST IN AND TO ALL OIL OR GAS PRODUCED FROM SAID LANDS AS RESERVED IN INSTRUMENT RECORDED OCTOBER 25, 1938 IN BOOK 192 AT PAGE 285, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED JUNE 21, 1973 IN BOOK 446 AT PAGE 161. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN DEED RECORDED NOVEMBER 10, 1993 IN BOOK 881 AT PAGE 695. Land Title Guarantee Company Representing Old Republic National Title Insurance Company SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION LTAQ63007892 4. The following documents affect the land: (continued) Our Order No. LTG Policy No. ABC63007892 6. 7. 8. Form PIB/ORT TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF GRAVEL PROPERTY LEASE RECORDED AUGUST 10, 2009 AT RECEPTION NO. 773602. TERMS, CONDITIONS AND PROVISIONS OF LICENSE AGREEMENT RECORDED SEPTEMBER 10, 2008 AT RECEPTION NO. 755465. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2011-44 RECORDED AUGUST 16, 2011 AT RECEPTION NO. 806658. NOTE: THIS BINDER IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT. NOTE: ADDITIONAL UPDATES TO THE EFFECTIVE DATE OF THE BINDER MAY BE REQUESTED BY THE PROPOSED INSURED. ONE UPDATE IS INCLUDED WITH THIS BINDER AT NO ADDITIONAL COST. ANY ADDITIONAL UPDATES WILL BE ISSUED AT THE COST OF $125 PER UPDATE. FOR EACH UPDATE PROVIDED, A REVISED BINDER WILL BE ISSUED SHOWING A NEW EFFECTIVE DATE AND ANY MATTERS RECORDED SINCE THE EFFECTIVE DATE OF THE PREVIOUS BINDER. LTAQ63007892 LEGAL DESCRIPTION Our Order No. LTG Policy No. ABC63007892 A ROADWAY WITHIN LOT 10 OF SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, ALSO WITHIN THE PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 30, 1983 AS RECEPTION NO. 348555 OF THE GARFIELD COUNTY RECORDS, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S 89°59'06" E BETWEEN THE N1/16 CORNER OF SAID SECTIONS 26 AND SECTION 27 AND THE N-C1/16 OF SAID SECTION 26; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE SAID N1/16 CORNER BEARS N 54°24 '43" W, A DISTANCE OF 4,404.66 FEET; THENCE 1.91 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A 952.00 FOOT RADIUS, A CENTRAL ANGLE OF 00°06'53" (CHORD S 43°06'36" W, 1.91 FEET); THENCE S 43°03'09" W, A DISTANCE OF 159.02 FEET TO A POINT ON THE COMMON BOUNDARY OF SAID WARRANTY DEED AND THE PROPERTY DESCRIBED IN THE DOCUMENT RECORDED NOVEMBER 2, 2006 AS RECEPTION NO. 710307 OF SAID COUNTY RECORDS; THENCE ALONG SAID COMMON BOUNDARY S 20°32 '00" W, A DISTANCE OF 169.06 FEET; THENCE LEAVING SAID COMMON BOUNDARY 41.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 12°00'29" (CHORD N 49°39'41" E, 41.84 FEET); THENCE N 43°39 '27" E, A DISTANCE OF 274.78 FEET TO A POINT ON THE EXISTING RIGHT-OF-WAY IN THE DOCUMENT RECORDED NOVEMBER 10, 1993 AS RECEPTION NO. 454977 OF SAID COUNTY RECORDS; THENCE ALONG SAID EXISTING RIGHT-OF-WAY N 46°20 '33" W, A DISTANCE OF 60.00 FEET; THENCE LEAVING SAID EXISTING RIGHT-OF-WAY N 46°20 '33" W, A DISTANCE OF 12.47 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO LTAQ63007892 P ropert y Inf ormation Binder PIB.ORT Cover Page 1 of 2 CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) "Public Records"; those records which impart constructive notice of matters relating to said land; (c) "Date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a) Taxes or assessments which 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; taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Mechanic's lien(s), judgment(s) or other lien(s). (e) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the Assured; (b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as of the Date; or (c) attaching or creating subsequent to the Date. 3. Prosecution of Actions (a) The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss - Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. Copyright 2006-2011 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. PIB.ORT Cover Page 2 of 2 Issued through the Office of: LAND TITLE GUARANTEE COMPANY ___________________________________________ Authorized Signature 6. Limitation of Liability - Payment of Loss (a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the liabiity exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Binder, except for attorney 's fees as provided for in paragraph 6(b) thereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or proprty necesary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. 8. Binder Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. 10. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. ANTI-FRAUD STATEMENT: 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. This anti-fraud statement is affixed and made a part of this policy. Mark Bilbrey President Rande Yeager Secretary 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 303-850-4175 Date: LAND TITLE GUARANTEE COMPANY INVOICE - CHARGES - When referring to this order, please reference our Order No. Customer Reference No. Record Owner: Property Address: --Total-- Payment is due within 30 days from the date on which the Guarantee is issued. If payment is not received within 30 days of that date, the Guarantee and all coverages thereunder shall be cancelled. Please make checks payable to: March 15, 2013 ABC63007892 Property Information Binder $500.00 $500.00 CLIFFORD CERISE RANCH CO. 13114 HIGHWAY 82 CARBONDALE CO 81623 LAND TITLE GUARANTEE COMPANY 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 1111 Ml".i. ~1~,M,l\IJ~~I~ !Wt~ ~Hit NWL~.~I~ 11111 Reception#: 834949 05/0712013 09:18:52 AM Jean Alberico 1 of 60 Poe Fee:$0 00 Doc Fee 0.00 GARFIELD COUNTY CO ROAD CONSTRUCTION AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS TO COUNTY ROAD 103 This ROAD CONSTRUCTION AGREEMENT is entered into by and between the County Commissioners of Garfield County, Colorado ("BOCC"), and Crystal Ranch Corp. and Clifford Cerise Ranch Co., L.L.L.P. (together the "Landowners"), and Lafarge West, Inc., a Delaware corporation ("Lafarge"), (collectively the "Parties"), to construct improvements to County Road 103, to provide for the acceptance of such road improvements as a county road, and to provide for the funding of the construction of such road improvements. A. C. D. E. I'. G. H. I. RECITALS The BOCC is authorized to maintain and improve the Garfield County road system pursuant to the provisions of Section 43-2-20 !, et seq., C.R.S., as amended. On December 5, 2011, Crystal R_anch Corp., received approval for an amend..rnent to a Special Use Permit for the Powers Pit Concrete Batch Plant, memorialized in Resolution No. 2011-77 (recorded in the. records of the Clerk and Recorder at Reception No. 811974). This Resolution amends Resolution No. 1980-58 (recorded at Reception No. 811974 as Exhibit Q). Said approval requires Crystal Ranch Corp. to construct certain improvements to County Road 103 and State Highway 82, including but not limited to turn lanes, acceleration and deceleration lanes, and drainage improvements. The County Road and Bridge Department is supportive of the improvements to be constructed pursuant to this Agreement. The improvements will cross the property of two (2) private land owners, Crystal Ranch Corp. and Clifford Cerise Ranch Co., L.L.L.P. Lafarge has agreed to assume Crystal Ranch Corp.' s obligations for the construction of the improvements and has also agreed to obtain access permits from the Colorado Department of Transportation and the County Road and Bridge Department prior to commencement of road construction. Crystal Ranch Corp. has agreed to convey a sixty foot (60 ft.) right-of-way to the County for the road, and has tendered a warranty deed to the BOCC for that purpose. A copy of said deed is attached hereto as Exhibit A. Clifford Cerise Ranch Co., L.L.L.P. has also agreed to convey a sixty foot (60 ft.) right- of-way to the County for the road, and has tendered a warranty deed to the BOCC for that purpose. A copy of said deed is attached hereto as Exhibit B. The BOCC is willing to accept the deeds for the new right-of-way under the terms and conditions of this Agreement. Ill\ Etl'.i. ~1~,M ,~11, H Mr \Iii ~LtjUfll Wll ,~'I 11111 Recertion**: 834949 lb . o 05107/2013 09:18:52 ROMO Je~ne~0 go 1gRRFlELD COUNTY co 2 of 60 Rec Fee:$0.0 oc e · · NOW THEREFORE, based upon the foregoing recitals, the parties agree as follows: l. PROJECT. The "Project" that is the subject of this Agreement is described as follows: a. Improvements. Improvements to an existing County road, which, after completion of the construction and acceptance of these improvements by the BOCC will become part of County Road l 03 (hereinafter "Road l 03 "), will be constructed by Lafarge on behalf of Crystal Ranch Corp. to County road standards as set forth herein. Lafarge will obtain access permits for this road before construction begins. Clifford Cerise Ranch Co., L.L.L.P. has no obligations with regard to the improvements. b. Deeds. The Landowners agree that the deeds referenced in Paragraphs G and H of the Recitals and attached as Exhibits A and B, have been tendered to the BOCC for recording once Road 103 has been constructed and accepted as a Cou..'lty road. Pending completion of Road 103 and accepta..~ce by the BOCC, th.e Landowners understand that the original deeds will be kept in a vault by the County Treasurer. The BOCC agrees not to execute the acceptance of the deed, nor cause it to be recorded until the improvements to Road 103 are accepted by the BOCC. Acceptance of Road 103 and direction. to record the warranty deeds shall occur by resolution ofthe BOCC at a duly noticed public meeting. In the event that the BOCC does not accept Road 103 as a county road, the deeds will be returned to the respective Landowner without recording. c. Free from Liens and Encumbrances. The Landowners represent that the sixty foot (60 ft.) right-of-way through their respective properties, as described in the deeds, is currently free and clear of all liens and encumbrances, except as reflected in the property insurance binders effective March 8, 2013 and tendered to the County in connection with this Agreement. The Landowners agree to keep the property described in the respective deeds free and clear of all further liens and encumbrances from the date of this Agreement until the road improvements ~re finally accepted by the BOCC and the deeds are recorded. d. Other Permits. Lafarge shall be responsible for obtaining any and all permits associated with the road construction as required by local, state or federal agencies. Should any utilities be installed, Lafarge shall be solely responsible for obtaining necessary permits that will need to be in place at the time the road is accepted as a county road. e. Performance Required for Acceptance. The Parties agree that nothing in this Agreement requires the BOCC to accept Road 103 as a County road unless the provisions ofthis Agreement have been fully met by all Parties. 2. TIME and PERFORMANCE. a. Starting Date. Lafarge shall commence construction no sooner than the date the driveway permits referenced above have been issued. 1111 Ml'.i. ~1~.M.Dtl~. lftliUIU l1H llirl~NU. ll~.~1~~·1 11111 Reception~: 834949 05/07/2013 09: 18:52 !=IM Jean !=llberico 3 of 60 Rec Fee $0.00 Doc Fee:0.00 GARFIELD COUNTY CO b. Completion Date. Road 103 shall be constructed and completed for final inspection and acceptance by the Garfield County Road & Bridge Department no later than October 31, 2013. c. Work Hours. Construction may occur Monday through Saturday, 6 a.m. until 6:00 p.m., at Lafarge's Contractor's discretion. d. Road Surface and Specifications. Lafarge shall prepare the surface of Road 103 per the County approved CRC/Power's Pit CR 103 Access Plan and Department of Transportation, State of Colorado, Notice to Proceed Document for County Road 103 and SH 82, attached as Exhibits C and D, respectively. e. Signagc. Proper signage shall be used in accordance with Garfield County Ordinance No. 2009-1 For the Regulation of Traffic and Parking. This signage is ... ..,..,.,...,,.,,.. ... , .(',.,.,,. a...,-!~: ... n; ,-,,... .. ...,+,,, D"'n...:I 1fl'1 A ....,.;,...;.....,H....., n-f' "'"""' (1\ .,.1.,...,.+.,.,..,.,...;,. u ..... '-'"''3"aJ.Y ..lV.l "-'AJ..;)l.lJ.10 '-'VUJ..U.) J. ..... vau .IV..J, .r1o. ULUllllJ.U-LI.l V..l. V.Ll.V \.l/ ..,.L ........... .lvu .. u. .. message board, for uphill traffic, shall be used to advise the traveling public on existing County Road 103 of any heavy truck traffic anticipated in connection with the Project. f. Traffic Control. Lafarge shall have certified traffic control personnel available and shall provide a certified traffic control plan to the County prior to commencement of any work. Any work outside of the work hours permitted in Paragraph 2.c., above, shall require pre-approval by the Road and Bridge Director and a certified Traffic Control Plan, approved by the County Road and Bridge Director prior to commencement. g. Traffic Access. Road 103 shall be kept open to vehicular, pedestrian and bicycle traffic at all times. The term "open to traffic" includes, without limitation, dust mitigation, pothole repair and clearance of debris. Whether or not road conditions are considered "open to traffic" is subject to the opinion of the Road and Bridge Director. h. Delays. Delays of up to 5 minutes on County Road 103 are acceptable except for emergency vehicles and school buses. 1. Open Trenches. No open trenches arc allowed overnight in the construction area. There shall be no public access to the construction area from either end of the road prior to the time that the BOCC accepts Road I 03 as a County road. j. Dust Control. Lafarge shall continue to provide appropriate dust control, particularly during any gravel operations related to construction of Road 103. k. Safety. Safety is of the utmost importance. Lafarge shall provide a comprehensive safety plan for all work. The plan shall include, but not be limited to, a traffic control plan developed by a certified traffic control engineer and the use of certified traffic control personnel. All excavations shall be in compliance with OSHA standards, and a competent person, as defined by OSHA, shall be on site at all times of operation. The entire construction site shall be subject to monitoring by a County official. Said official shall have the right to stop any or all operations for safety violations until such time as those violations are corrected. I. . Notification. Lafarge shall provide Garfield County Road and Bridge Department with 24 hours notice prior to commencement, and shall also provide immediate notice of any problems which arise during the project. Contacts are: Road and Bridge Director, Deb Fiscus at (970) 618-5864; County Engineer, Jeff Nelson at (970)379-5162. m. Inspection During Construction. Lafarge shall provide access to representatives of the Road and Bridge Department and the County Engineer for inspection of activities during construction to ensure that proper procedures are in place and the work is in conformance with the County approved CRC/Power's Pit CR 103 Access Plan and Department of Transportation, State of Colorado, Notice to Proceed Document for County P .... oad 103 and SH 82 attached as Exhibits C a."1d D, respectively. n. Inspection Upon Completion. Upon completion of the project and acceptance of Lafarge's contractor's work by Lafarge, a representative of the Road and Bridge Department and/or the County Engineer shall have the right to complete a County final inspection at the sole cost of Lafarge. Lafarge shall advise the County Engineer and the Road and Bridge Department of the date and time for inspections, which shall be scheduled to occur Monday through Friday between the hours of8:00 a.m. and 5:00 p.m. It is expressly understood that fmal approval and "acceptance" of the work described herein for purposes of acceptance of Road I 03 as a County road shall be by the BOCC, no matter the agreement as to final acceptance between Lafarge and Lafarge's contractor or inspection by the County Engineer or Road and Bridge Department. If quality control and materials testing is deemed necessary for the County Engineer to ensure that the traveled surface of the roadway is installed in accordance with County Specs, inspection may be completed throughout and after construction by a licensed Quality Control ("QC") company. Lafarge is responsible for payment and direction of the QC company. o. As-built drawings. Plans of record of the road as-built shall be provided to the County Road and Bridge Department and County Engineer upon Project completion, in both a digital and hard copy format acceptable to the County. These plans shall be submitted prior to the acceptance of the road by the BOCC. p. Damage. Lafarge is responsible for any and all damages related to this Project to County Road 103 and shall repair said damages to the pre-damage condition at Lafarge' s expense. q. Project Limits. This Project shall be limited to the proposed County right-of-way and other areas permitted by the Landowners. Activities on private property are strictly prohibited unless Lafarge obtains the written permission of the property owner. 1111 Wll".i.~l,,M,Dtll.rtl~ l'f~lllJ,111,1.~~ ~1 ~!W.~·il 11111 Reception~: 834949 05/07/2013 09·18·52 RM Jean Rlberioo 5 of 60 Rec FBe:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO r. Warranty and Assignment. Consistent with Section 3.4.2 and 3.4.6 of the Road Regulations and per direction of the BOCC, Lafarge warrants all work, labor and materials used in the work, as described in Paragraph 2.e., for a period of one (I) year after completion and approval of the work by the County and guarantees for that one ( 1) year that no further repairs or maintenance shall be required at the work site due to any defect or omission in the work. Lafarge agrees to assign Lafarge's contractor's warranty(ies), if any, to the BOCC upon the written request oftheBOCC. s. Grantee. The construction anticipated herein is personal to Lafarge and its contractors and does not grant access to the property to any other individual or entity, except County Road and Bridge or County Engineer employees or designees for purposes of the inspection. 3. FUNDING AND SECURITY. a. Funding of Improvements. The Parties expressly agree that the entire cost of design, engineering, and construction of Road 103 shall be borne by Lafarge. b. Revegetation Security. Lafarge shall submit the following to secure revegetation and weed management, prior to commencement of construction: 1. A copy of the security securing rcvegetation and weed management of disturbed areas, including the traveled surface of the roadway and areas of the proposed right-of-way outside of the traveled surface. The security, as it relates to the dollar amount securing revegetation and weed control, shall be in full force and effect at the time construction commences and shall remain in effect for two years following completion and acceptance of the road. 2. If the BOCC finds, in a properly scheduled public meeting" that the revegetation required herein is not complete, or if the BOCC determines that Lafarge will not or cannot revegetate the disturbed area as required by this Agreement, the BOCC may use the security to provide such funds as may be necessary to complete the vegetation, whether or not Road 103 has been accepted as a public road. 4. INSURANCE. Lafarge shall procure and maintain, until all of its obligations under the Agreement have been discharged, including any warranty periods, all insurance required under Exhibit E, incorporated herein by this reference. All insurance carried by Lafarge under or pursuant to this Agreement shall at all times name Landowners as "Additional Insureds," and certificates evidencing same shall be delivered to Landowners. The insurance requirements herein are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. The BOCC in no way warrants that the minimum limits contained herein are sufficient to protect Lafarge from liabilities that might arise out of the performance of the work under this Agreement by Lafarge, its agents, representatives employees or subcontractors and Lafarge is free to purchase additional insurance as may be determined necessary. The terms of this Paragraph must be satisfied prior to the commencement of work. 1111 Ml".i.~1,,M,~W,1'11~ IMltl'llV ~,,~,~~l.W.~1 ~ 11111 Reception~: 834949 05/0712013 09: 18:52 FIM Jean Fllberico 6 of 60 Rec Fee $0.00 Doc Fee:0.00 GFIRFIELD COUNTY CO 5. INDEMNiFICATION. a. Indemnification of BOCC. Lafarge and the Landowners agree to hold harmless, indemnify and defend the BOCC, and its officers, employees and agents, acting officially or otherwise, from any and all claims, demands, damages, and actions of any kind brought by anyone, including reasonable attorney's fees, which may arise out of or result from the negligent or willful misconduct of Lafarge or the Landowners or their subcontractor(s) in the performance of Sl-TI'iccs as set forth in this Agreement and/or the breach of any condition(s) of this Agreement. To the extent permitted by law, the BOCC agrees to indemnify and hold harmless Lafarge and the Landowners, and their officers, employees and agents, from any and all claims, demands, damages, and actions of any kind brought by anyone, including reasonable attorney's fees, which may arise out of a result from the negligent misconduct of BOCC, or its officers, employees and agents. · Nothing herein shall be interpreted as a \vaiver of goven1 ... '11ental llr .... 'llur...itt; to '.lifl1ich the BOCC may otherwise be entitled under the provisions of §24-10-10 l, et seq., C.R.S., as amended. b. Indemnification of Landowners. Lafarge, in turn, agrees to hold harmless, indemnify and defend both of the Landowners, individually and collectively, and their respective representatives, employees and agents from and against any and all liabilities, losses, damages, costs and expenses (including reasonable costs and attorney's fee) that either or both of them may suffer or incur or be held liable for under or in any way in connection with the indemnity that they are providing to the County under the frrst sentence of this Paragraph S arising out of or resulting from the negligent or willful misconduct of Lafarge or their subcontractors( s) in the performance of services as set forth in this Agreement and/or the breach of any condition(s) ofthis Agreement. c. Indemnification of Clifford Cerise Ranch Co .. L.L.L.P. In the event Lafarge's indemmfication of the Landowners as set forth in the immediately preceding paragraph is inadequate to protect Clifford Cerise Ranch Co., L.L.L.P. from all liabilities covered by the indemnification, then Crystal Ranch Corp. shall and hereby agrees to hold harmless, indemnify and defend Clifford Cerise Ranch Co., L.L.L.P. from and against any and all liabilities, losses, damages, costs and expenses (including reasonable costs and attorney's fees) that Clifford Cerise Ranch Co., L.L.L.P. may suffer or incur or be held liable for as a consequence of the inadequacy ofLafarge's indemnification of Landowners. 6. GENERAL PROVISIONS. a. Modification. This Agreement may not be modified, amended or otherwise altered, unless mutually agreed upon in a writing executed by the Parties. b. Governing Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should any Party institute legal action for enforcement of any obligation contained herein, it is agreed that venue shall be in Garfield County, Colorado. 1111 Ml".i. ~1~.M.Dt\l.IWl.l IW'.W lftll, ~r11t, *I ~·\\ 11111 Reception~: 834949 05/07/2013 09:18:52 AM Jean Alberico 7 of 60 Rec Fee $0.00 Doc Fee:0.00 GARFIELD COUNTY CO c. Sevcrability. Should any provisions of this Agreement be determined by a court of competent jurisdiction to be unconstitutional or otherwise null and void, the remaining provisions of the Agreement shall remain in full force and effect. d. Notices. Notices to be provided under this Agreement shall be given in writing either by hand delivery or by certified return receipt requested United States mail, to the following: BOCC's Representative: Garfield County c/o County Manager 108 Eighth Street, Suite 213 Glenwood Springs, CO 8160 I .,.-,1!££. __ _J r1 _ _: __ n ---1.. £'\_ T T T n . \...,llllUJU \...,t:ill~t:: I\..i:lllVll ~u., L.L,J _ _,,r •• c/o Whitsitt & Gross, P.C. 320 Main Street, Ste 200 Carbondale, CO 81623 Crystal Ranch Corp.: c/o Arthur C. Daily 600 East Main Street, Suite 104 Aspen, CO 81611 Lafarge \Vest, Inc.: 8700 West Bryn Mawr Rd Chicago, Jllinois 60631 e. Headings. Titles and paragraph di visions are inserted in this Agreement for ease of reference and do not define, limit, or prescribe the scope or intent of the provisions of this Agreement or any part thereof. f. Authority. Each person signing this Agreement represents and warrants that he/she is fully authorized to enter into and execute this Agreement and to bind the party represented to the provisions of this Agreement. g. Counterparts and Facsimile Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original. Facsimile signatures of; er on bel1alf of, the Pa...rties on this ~.t\greement and aTly modification hereto sliall be effective for all purposes. [Remainder of this page intentionally left blank] 1111 Ml".i. ~1~,M,HllilliU. l'l~,lil\Mi,ll !Mt~~!tl~ ~"' 11111 Reception~: 834949 05/07/2013 09:18:52 AM Jean Alberico B of 60 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF the parties hereto have executed originals of this Agreement effective the latest date of execution set forth below. ATTEST: /l ~;rt_ By:_4~~qq~~~ DATE:-.,L.:+-__:~:=c--11'~1~3"'--------\--- ST ATE OF---'-~----"-'- COUNTY OF_~'--- ) ) SS. ) ~/ CRYSTAL ~CH C.ORf. ~ ,, i ~ I -:'-I ' {-By: 1 Its: __ , I The foregoing instn,unent was acknowledged before me this l .' ! i '.. , 2013 by ; ·•. /•.. . ~-, for Crystal Ranch Corp .. MYCOMMISSIONEXPIRES:_:.c_~·~' _·1_· -~·· // .·· '/1/'?( . .. ::--::. _,/ -~ / Address ofNotary / /'.,, / 1/ ,· .( l I day of '' / IC, / 1111 ~-~1,,M,M'~l'l~,~,l~~~I ~1.!PV.ltlY.~1 111111 Reception~: 834949 05/07/2013 09:18:52 AM Jean Alberico 9 of 60 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATEOF (1c\ovMo COUNTY OF (~"'-··~, dd ) ) SS. ) CLIFF~ CERISE RANCH C~., L.L.L.P. By: u--s_~~ Robert S. Cerise, 7neral Partner DATE: '-I/:;/ I )> I I The foregoing instrument was acknowledged before me thls ::J '] day of _,_/l-'1QF"-'-(-~I·~\ __ ~, 2013 by Robert S. Cerise, General Partner, for Clifford Cerise Ranch Co., L.L.'L.P. MY COMMISSION EXPIRES: ~:eu \\ ,).C I -1 ~~~----+--- JULIE J. PRATTE NOTARY pU-BLIC STATE OF COLORADO 19 si·r4oc • 570 NOTARY IOP~RES 'FEBRUARY 11. 2017 MY COMMISSION EX . STATE OF Colurl\/lc; ) ) SS. COUNTY OF Gtu·£e1d ) N~ ry u, l{_u '9= (!~. 31.? s 1<. ve.Y-Bpnc-:f l-Oo.'-i A r-, ft'Al u.xiod 5.,,.,. r,c;)'S Cu ""61 (cO \ diliess of Notary r • CLIFFORD CERISE RANCH CO., L.L.L.P. By: ·151U ,"). ~ Toni S. Cerise, General Partner DATE: The foregoing instrument was acknowledged before me this ,;l.(o day of ~A-rR~~~,_\ __ , 2013 by Toni S. Cerise, General Partner, for Clifford Cerise Ranch Co., L.L.L.P. 1111 Ml".i. llll1tl".i.~1~t:~ Mtltl!1 ~1Ktltli:'Wi~l'IW~1 I 11111 Reception#: 834949 05/07/2013 09:18:52 AM Jean Alberico 10 of 60 Rec Fee:$0 00 Doc Fee:O 00 GRRFIELD COUNTY co DATE: +( Z] ( {") n . STATE OF Lofo..,cJo ) COUNTY OF Ba r:f; e-ld ) SS. ) The foregoing instrument was acknowledged before me this 2-7 day of A.er! / , 2013 by Michael B. Cerise, General Partner, for Clifford Cerise Ranch Co., L.L. .P. JULIE J PRATTE NOTARY PUBLIC STATE. OF COLORADO NOTARY 10 # 19974001570 MY COMMISSION EXPIRES FEBRUARY 11, 2017 STATE OF ____ _ COUNTY OF ___ _ ) ) SS. ) LAFARGE WEST, INC. The foregoing instrument was acknowledged before me this ______ , 2013 by , for Lafarge West, Inc. MY COMMISSION EXPIRES: _____ _ Notary Address ofNotary day of 1111 W.i. 1~1·.i.~1~,l llllil. ~W~l':Wl«l'llli'~1 I 11111 Reception": 834949 05/07/2013 09:18:52 RM Jean l=llberico 11 of 60 Rec Fee:$0 00 Doc Fee:0.00 GRRFIELD COUNTY CO CLIFFORD CERISE RANCH CO., L.L.L.P. STATE OF ____ _ COUNTY OF ----- ) ) SS. ) Michael B. Cerise, General Partner The foregoing instrwnent was acknowledged before me this day of -----~ 2013 by Michael B. Cerise, General Partner, for Clifford Cerise Ranch Co., L.L.L.P. MY COMMISSION EXPIRES: _____ _ Notary Address ofNotary ) COUNTY OF \-re ,\K-\t~ ) SS. ) The foregoing instrwnent was acknowledged before me this ~c'J) Al" \ , 2013 by lJ.l\1,2~ A, 'G·cAdV' , for Lafarge West, Inc. day of MY COMMISSION EXPIRES: ~·:--,_:>~·f~,,~.J:>~ll~"-- ANDREA MURR A.-/ NOTARY PUBLIC 'if, STATE OF COLORADO r~otary llYCOMIMUIONIDCPIRl!S-1 '?fX-1 cu lbQ focG«>4 I Cu Ol·J-~ Address of Notary •Ill m'.1.1'1"1 .l.Tll'll \ 11!11" 1nllllT 1•"' •'" '"' -·· ·--- Reception~: 834949 . 05/07/2013 09:18:5$~ ~~ DJea~e~~g 0 5~cg~RFIELD COUNTY co 12 of 60 Rec Fee: "'·''"'' 00 · · Exhibit A WARRANTY DEED CRYSTAL RANCH CORP., a Colorado corporation, whose address is 13112 State Highway 82, Carbondale, CO 81623, owner of certain lands in Garfield County, State of Colorado, GRANTOR, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, does hereby bargain, deed and convey to the GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, whose legal address is 108 grn Street, Suite 213, Glenwood Springs, CO 81601, GRANTEE, a right of way for county road purposes, as described on Exhibit A, attached hereto and incorporated by this reference, (the "Property") through the land stated below, Lots 10 and 11, Section 26, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado GRANTEE may protect this public road easement from all other users, including the GRANTOR, through issuance of permits that will control, condition, or prohibit the use of the permanent easement. GRANTOR warrants title against all persons claiming under GRANTOR, excepting taxes and assessments for the years 2013 and thereafter, and easements, reservations, restrictions, covenants, encumbrances and other matters shown on Exhibit B hereto. Signed this ___ day of ________ , 2013. , , I ST A TE OF --"-!-'--'. ~/-'--!.~'--'-"--'-/_,) ) ss: COUNTY OF (' · ~~~---' CRYSTAL RANCH CORP., a Colorado corporation By: -I -, / ----~~---~-r--~ PrintName• Barbara Hapgood Its: President The foregoing instrument was aclmowledged before me this _L_ day of_1-'! 1/,c.c_"-------' 2013, by Barbara Hapgood as President of Crystal Ranch Corp., a Colorado corporation. Witness my hand and official seal. Notary Public ' 1 -Ill HI •I •Ill •111•111 •1•111 •111 • I 1-11•I111•• •11•111 •-I Ill Reception#: 834949 05/07/2013 09:18:52 RM Jean Rlberico 13 of 60 Rec Fee $0.00 Doc Fee:0.00 GRRFIELD COUNTY CO Accepted by Resolution as a public and county road right-of-way by the Garfield Board of County Commissioners this __ day of 20 I_ ATTEST: Clerk to the Board BOAIID OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: ----------- Chairman 2 EXHIBIT A LTG Policy No. LTAQ63007566•1 Our Ordr.r No. GC63007566• t LEGAL DESCRIPTION A ROADWAY WITHIN LOTS 10 AND 11 OF SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF GARFIELD, STATE OF COLORADO, ALSO WITHIN THE PROPERTY DESCRIBED IN THE DOCUMENT RECORDED NOVEMBER 2, 2006 AS RECEPTION NO. 7!0307 OF THE GARFIELD COUNTY RECORDS WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S 89'59'06" E BETWEEN THE Nl/16 CORNER OF SAID SECTIONS 26 AND 27 AND THE N·Cl/16 OF SAID SECTION 26; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE COMMON BOUNDARY OF SAID DOCUMENT AND THE PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 30, 1983 AS RECEPTION NO. 348555 OF SAID COUNTY RECORDS FROM WHENCE SAID Nl/16 CORNER BEARS N. 52'19'38"W., A DISTANCE OF 4,386.66 FEET; THENCE LEAVING SAID COMMON BOUNDARY THE FOLLOWING SIX (6) COURSES: 1) S 43'03'09" W, 72.85 FEET; 2) 94.97 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 200.00 FEET AND CENTRAL ANGLE OF 27'1Z'29" (CHORDS 56'39'24" W, 94.08 FEET); 3) S 70'I5'39" W, 176.85 FEET; 4) 147.95 FEET ALONG THE ARC OF A CURVE TO THE LEFT, RADIUS OF 160.00 FEET AND . CENTRAL ANGLE OF 52'58'45" (CHORD BEARS S 43'46'16" W, 142.73 FEE1); 5) S 17'16'54" W, 4.99 FEET; 6) S 59'19'11" W, 67.47 FEET TO A POINT ON THE COMMON BOUNDARY m· SAID PROPERTY DESCRIBED IN THE DOCUMENT RECORDED NOVEMBER 2, 2006 AS RECEPTION NO. 710307 AND THE NORTHERLY RIGHT·OF·WAY OF STATE HIGHWAY NO. 82; THENCE ALONG SAID COMMON BOUNDARY THE FOLLOWING THREE (3) COURSES: 1) S 75'40'49" E, 131.97 FEET; 2) N 17'10'41" E, 120.UO FEET; 3) S 72'49'19" E, 35.93 FEET; THENCE LEAVING SAID COMMON BOUNDARY N 70'15'39" E, A DISTANCE OF 160.27 FEET; THENCE 50.95 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 14'35'43" (CHORD N 62'57'47" E, 50.81 FEET TO A POINT ON SAID COMMON BOUNDARY OF SAID PROPERTY DESCRIBED IN THE DOCUMENT RECORDED NOVEMBER 2, 2006 AS RECEPTION NO. 710.107 AND THE PROPERTY DESCRIBED IN THE WAilliANTY DEED RECORDED DECEMBER 30, i9B3 AS RECEPTION NO. 348555; THENCE ALONG SAID COMMON BOUNDARY N 20'32'00" E, A DISTANCE OF 169.06 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO 1111 W.i. t"'l".i.~1~t.~ N~l•·1:r«11iMilll.:O:W~"' 11111 Reception!*: 834949 Alb ico 05/07/2013 09:18:52 AM0 0 Jeape .0°b 0 GARFIELD COUNTY CO 15 of 60 Rec Fee:$0.0 oc e. EXHIBIT ll 1. General taxes arid assessments for 2013 and subsequent years. 2. RIGHT OF PROPRIETOR OFA VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMJSES AS RESERVED IN UNITED STATES PATENT RECOfl.DED MAY 09, 1898, IN BOOK 12 AT PAGE 485. 3. ·RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUGTED BY-THE AUTHORITYOF-THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 09, 1898, IN BOOK 12 AT PAGE 485. 4. .RESERVATONS AS CON.TAINED IN DEED FROMEDITHJAMES,.ALSO KNOWN AS EDITH S. JAMES, FREEMAN S. JAMES, ALSO KNOWN AS F .S. JAMES AS FREEMAN SMITH JAMES AND SHIRLEYL. SPARKS (FORMERLY SHIRLEYL. JAMES) TO RICHARD C. MARTIN AND WILMA S. MARTIN, RECORDED JANUARY 31, 1959, IN BOOK 315 AT PAGE IO, PROVlDING AS FOLLOWS: AND PROVIDED FURTHER THAT THE GRANTORS HEREIN, FOR THEMSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS RESERVE, AND EXCEPT FROM THIS CONVEYANCE, AN UNDIVIDED 1/2 lNTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS IN OR UNDER SAID LAND, OR WHICH MAY BE RECOVERED THEREFROM, AND ALSO THE RIGHT OF JN GRESS AND EGRESS TO GO UPON SAID LANDS AND DRILL, PROSPECT FOR, AND PRODUCE, ANY SUCH OIL, GAS OR OTHER MINERALS, SUBJECT TO THE CONDITION THAT THE OWNERS OF SUCH RESERVED MJNERAL ESTATE WJLL BE REQUIRED~O PAYTHE SURFACE OWNER At!:; DAMAGES-- OCCASIONED BY ANY DRILLING, PROSPECTING, OR OTHER PRODUCTION OPERATIONS. 5. RIGHT OF WAY FOR THE NICHOLS DITCH AS SHOWN BY MAP AND STATEMENT FILED FOR RECORD JUNE 1, 1895 AS DOCUMENT NO. 18448. 6. RIGHTS OF WAY FOR THE NICHOLS DITCH, THE FIRST ENLARGEMENT OF THE KELSO DITCH AND THE SECOND ENLARGEMENT OF THE KELSO DITCH, AS EVIDENCED BY DECREE RECORDED FEBRUARY 3, 1941 IN BOOK 201 AT PAGE 68, CERTIFICATE OF WATER RIGHTS RECORDED MAY 24, 1958 IN BOOK 309 AT PAGE 30 AND CERTIFICATE OF WATER RIGHTS RECORDED MAY 24, 1958 IN BOOK 309 AT PAGE 31. 7. RIGHT OF WAY EASEMENT TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY AS GRANTED BY INSTRUMENT RECORDED IN BOOK 454 AT PAGE 198. 8. RIGHT OF WAY EASEMENT TO HOLY CROSS ELECTRJC ASSOCIATION, INC. AS GRANTED BY-INS'f'RUMENT REGO RD ED 3 6, 1980 IN BOOK 544-AT PAGE 860 AND RECORDED. AUGUST 28, 1995 IN BOOK 951 AT PAGE 287. 1111 ~.i.1~1·.i.~1~°'~M L+M:l'fl'll~~~l"lrilt\lf ~·I 11111 Reception~: 834949 . 05/07/2013 09:18:52 AM Jean Alberico 16 of 60 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 9. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN TRENCH, CONDUIT, AND VAULT AGREEMENT RECORDED JUNE OJ, 2010 UNDER . RECEPTION NO. 786667. 10. EASEMENTS ANJ? RIGHTS OF WAY FOR THE UNINTERRUPTED FLOW OF CRYSTAL SPRINGS CREEK. lla 1'ERMS, CONDITIONS AND PROVISIONS OF RESOi.UTIOl-.J 1-.10. 2011-77 RECORDED DECEMBER 14, 2011 AT RECEPTION NO. 811974. 12. EXISTING LEASES AND TENANCIES, IF ANY. Exhibit B WARRANTY DEED CLIFFORD CERISE RANCH CO., L.L.L.P., a Colorado limited liability limited partnership. whose address is 0086 County Road I 04. Carbondale. CO 81623. owner or certain lands in Garfield County. State of Colorado, GRANTOR, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration. the receipt and adequacy of which are hereby acknowledged. does hereby bargain. deed and convey to the GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS. whose legal address is 108 8th Street. Suite 213, Glenwood Springs. CO 81601, GRANTEE. a right of way for county road purposes. as described on Exhibit A, attached hereto and incorporated by this reference (the .. Property'') through the land stated below. Lot 1 O. Section 26. Township 7 South. Range 88 West of the 6th P.M., Garfield County. Colorado GR.1\N~f'f'.:[~ n1ay protect this public road casement ffon1 all other users. including the GRANTOR. through issuance of permits that will control. condition. or prohibit the use of the permanent easement. GRANTOR warrants title against all persons claiming under GRANTOR. excepting taxes and assessments for the years 2013 and thereafter, and easements, reservations, restrictions. covenants, encumbrances and other matters shown on Exhibit ll hereto. Signed this ~0 1!1 day of q'g/)f'f'i!..:.o 13. CLIFFORD CERISE RAl\CH CO,, L.L.L.P .. a Colorado limited I iability limited partnership By: [?,J~ ~ -= ') Robc1t S. Cerise, General Partner 1111 Ml"i1o 1~1·.~1~1tUrli. lt~;~cllftf,!i+l,~M~1 I 11111 Reception~: 834949 05107/2013 09·.18·.52 l=!M Jean Alberico 18 of 60 Rec Fee:$0.00 Doc Fee:O 00 G~RFIELD COUNTY CO STATE OF Cuio•cv:io J ) SS. COUNTY OF @i((' h e.ivf ) The foregoing instrument was ackncmlcdged before me this ,:2 0 day of ;LC'. J ~-', 2013. hy Robert S. Cerise. a General Partner of Clifford Cerise Ranch Co .. L.L.L.P .. a Colorado limited liability limited partnership. Witness my hand and official seal. My commission expires: Pc~:; ii, .;;c fl STATE OF Cv fo,,-,:Ldo ) ) ss. COUNTY OF (]u>~ie,td) JULIE J. PRATTE NOTARY PUBLIC STATE OF COLORADO NOTARY ID# 19974001570 MY COMMISSION EXPIRES FEBRUARY 11, 2017 {.#tL fle ,q , f-/i d4J N~Public The foregoing instrument was acknowledged before me this~ day of d-o 1.3 2013, by Toni S. Cerise. a General Partner of Clifford Cerise Ranch Co .. LL.LP .. a Colorado limited liability limited partnership. Witness my hand and oHicial seal. My commission expires: rel) II J !2Ci 7 STATE OF C.o/c.yzv{co ) ) SS. COUNTY OF Cnc+ie1d) JULIE J. PRATTE NOTARY PUBLIC STATE OF COLORADO NOTARY ID# 19974001570 MY COMMISSION EXPIRES FEBRUARY 11, 2017 The foregoing instrument was acknowledged before me this,:;){,,_ day of _d.O ~}2__. 2013, by Michael B. Cerise. a General Partner of Clifford Cerise Ranch Co .. L.L.L.P. a Colorado limited liability limited partnership. JULlE J. PRATTE ~ NOTARY PUBLIC 'I STATE OF coLORA~~70 : NOTARY 10#1~9F~!~~ARY 11. 2017.: ; ..,,y COMMISSION EXPIR r ........ . ·--._..,..,., ........... Witness my hand and official seal. My commission expires: Fe.Li 11 i ,Jo I 7 Accepted by resolution as a public and county road right-of~way by the Garfield Board of County Commissioners this ____ day of----~--2013. ATTEST: Clerk lo the Board 6130141'!_! BOARD or COUNTY COMMISSIONERS OF GARFIELD COUNTY. COi.ORA.DO By: Chairman EXHIBIT A ..-------------------------11 LTG Policy No. LTAQ63007892 I Our Order No. ABC63007892 LEGAL DESCRIPTION A ROADWAY WITHIN LOT JO OF SECTION 26. TOWNSHIP 7 SOUTH. RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD. STATE OF COLORADO. ALSO WITHIN THE PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 30, 1983 AS RECEPTION NO. 348555 OF THE GARFIELD COUNTY RECORDS. WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S 89°59'06" E BETWEEN THE Nl/16 CORNER OF SAID SECTIONS 26 AND SECTION 27 AND THE N-Cl/16 OF SAID SECTION 26; SAJD PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE SAID Nl/16 CORNER BEARS N 54'24'43" W. A DISTANCE OF 4,404.66 FEET: THENCE 1.91 FEET ALONG THE ARC OF A CURVE TO THE LEFT. HAVING A 952.00 FOOT RADIUS, A CENTRAL ANGLE OF 00'06'53" (CHORDS 43'06'36" W. 1.91 FEET); THENCE S 43"03'09" W. A DISTANCE OF 159.02 FEET TO A POINT ON THE COMMON BOUNDARY OF SAID WARRANTY DEED AND THE PROPERTY DESCRIBED IJl-i THE DOCUrvfEl\rr RECORDED i.JOVEMBER 2, 2006 AS RECEP'fION NO. 710307 OF SAID COUNTY RECORDS: THENCE ALONG SAID COMMON BOUNDARY S 20"32'00" W, A DISTANCE OF 169.06 FEET; THENCE LEAVING SAID COMMON BOUNDARY 41.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 12'00'29" (CHORD N 49'39'41" E, 41.84 FEET); THENCEN 43'39'27" E. A DISTANCE OF 274.78 FEET TO A POINT ON THE EXISTING RIGHT-OF-WAY IN THE DOCUMENT RECORDED NOVEMBER 10. 1993 AS RECEPTION NO. 454977 OF SAID COUNTY RECORDS; THENCE ALONG SAID EXISTING RIGHT-OF-WAY N 46'20'33" W, A DISTANCE OF 60.00 FEET; THENCE LEAVING SAID EXISTING RIGHT-OF-WAY N 46"20'33" W, A DISTANCE OF 12.47 FEET TO THE PO!NT OF BEG£NNII'-JG. COUNTY OF GARFIELD STATE OF COLORADO - 1111 W.i. tllnll".i.~1~~ l.~,iiij :l"lltlrf !.'*l"W.~lf.~,I II Ill Receptionf:t.: 834949 . 0 1215/07/201309:18:5$20 A0M0 DJ~a~e~~~ee,~cGFIRFIELD COUNTY CO 21 of 60 Rec Fee: 0 · · EXHIBIT B 1. General taxes and assessments for 2013 and subsequent years. 2. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE IBEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 08, 1898, IN BOOK 12 AT PAGE 485. 3. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED ti'./ UNITED STATES PATENT RECORDED MAY 08, 1898, IN BOOK 12 AT PAGE 485. 4. 213 INTEREST IN AND TO ALL OIL OR GAS PRODUCED FROM SAID LANDS AS RESERVED IN INSTRUMENT RECORDED OCTOBER 25, 1938 IN BOOK 192 AT PAGE 285. AND ANY AND AJ_,L .ASSIGNMENTS THEREOF OR Il-JTERESTS TI-:iEREI1'~. 5. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION. INC. IN INSTRUMENT RECORDED JUNE 21, 1973 IN BOOK 446 AT PAGE 161. 6. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN DEED RECORDED NOVEMBER 10, 1993 IN BOOK 881 AT PAGE 695. 7 · TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF GRAVEL PROPERTY LEASE RECORDED AUGUST JO. 2009 AT RECEPTION NO. 773602. 8 • TERMS, CONDITIONS AND PROVISIONS OF LICENSE AGREEMENT RECORDED SEPTEMBER IO, 2008 AT RECEPTION NO. 755465. 9. TERMS. CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2011-44 RECORDED AUGUST 16, 20ii AT RECEPTION NO. 806658. '/ ' ., " Exhibit C ' ' I I I ! I N'fldlOHJ.NO~lVlNOZl'tlOH __ ___j ~ ~ u OOV'l!OlO:l AlNflO:J Ol31:RM> '""-'"----W SS3JJV COi HJ lid S.H3MOdlJHJ \ I I , I , \ '1 I I I I 'I ' I I \ I I I, I ' ', I : I \ 11 [I 1-··-- 1 I · I : I I I I i I I ! I • !"I , IT' I I ! i''~1V · rtfr~ + I • •':!.!- / / / / / / I I - \ I ! I ! ' ! I i i °'~~ ~o="~ ~" OT ACCESS PERMIT ~---~· '~''.'~ffi~"~'·~~~~[~--~-~-311 NOTE' REFER TO';;~ PERMIT#312039) ~ ,._, --'"- DRAWINGS (AC~~ORMATION ON ' -• '° .,_ FOR DETAILED N OF CR 103. CONSTRUCTIO ~"~"' 11111 • ~iM~ w 11~ :w1+~kl«l.W 1111 Ml".i.t~Lj,834949 Jean Albe 0 ~c~ARFIELD COUNTY CO Rec:ep~5f3n09:18:5~ ~~Doc Fee 0. 05/11'71 60 Rec Fee: S 24 l)f Q;;TANDARD VER11CAI CURB "' d)RIVE .. ,_;EC]ON TRENCH CROSS SEcnoN FDR ADS DR CMP CULVERTS r----"'-'-· i . I ·, -· h-c~-im .;'.:...~-~,. p·- I ' I ' " I i """""'""'""'-''"""""'"-"''"'"J ,. • ._,-:.. ..... -,,,.,,./ f-!t--++illll ~R 103 SECTION iii I 1111 W.i.llfti".i.~1~ill~~ W.~'ll'i'i~~lt~~lillr~1 ~ 11111 Reception*!:: 634949 05/07/2013 ()9: 18 52 AM Jean Alberico 25 of 60 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO '! !'i ! ' I .. ,., '''"'""'' ..,..., ....... ------------""°" ..,.. ........ ,,,.._ ..,,.,. .......... __ ~- ~-~ =~:::.: GENERAL NOTES: ..... ---.. --·-""'"" ___ ,,, __ ~ ,, -, ~v=..:.:;.,~_ .. ,,.,.. ' GRAPHJC SCALE . ' ----; _j________ I --+-I i - ! i I I I I . ! ~---j : """"': ."::'' f .,. I ! I - ' ! ! • q i fir ! ! ' -~ ' -'- -------- ,{ ' ---i---r·----T;;,,i,. ii • * ~ • ~ ' . .. -~---fT-- ' ' I ' ' ' *--· ---c-- ~ . ~·" I ' ~: ~ ~~ -- ,,,;.::..+. -' i! " i ' ~I--c-I ->-----< I• I"--~ !: I . i ---· NOTE: REFER TO COOT ACCESS PERMIT DRAWINGS (ACCESS PERMIT #312039) FOR DETAILED INFORMATION ON CONSTRUCTION OF CR 103. '! 1 l ' i ' I 1111 W.i. llfnli'.i.~1~1.~Wlr~rfi~ltll\"WIM'r:l'llf.~·I 11111 ~teeeption~: 834949 05/0712013 09:18:52 RM Jean Alberico 26 of 60 Rec Fee $12l 00 Doc Fee:0.00 GARFIELD COUNTY CO PROPO~ED STRIP,t~G ro BE ADDED DEPARTMENT STATE OF OF TRANSPORTATION COLORADO .\J0"'1'CE: TO .='[;;'OC::::Eo CCC:Jl/~1\(i re:;: CC\)\ T.C:.:f ;?C ; CJ ,.::110 Sr 62 .s:.-C':C"'" 2GC.27, T:J'11·,\:~;H!P 7 SCL!TH 9/:.,\C[ <)6 v"'E'.3-~ c;;:-Th'".: 6-:--1 -1.; Tero·;,, CF' 5/,SJ\(,T, c,,1R.:::-:E:.1:.: ::.~G:J1\:TY, C0!.C.C:,i\}t) STRIPING TO BE ADDED t:X1STING Sl182 ACCESS TO LAFARGE ff TO BE REMOVED AND RECLAiME:J (E::XIST!NG ACCESS PERMIT iJ30i'3C2l CR 103 ACCESS REAUGMJENT CR 103 ACCESS REUGNED CENTERVNC STA !+OC= Sr-<82 Cl STA69G•SJ.24 SH82 UPVALLEY ACCELERAT!ON 1.ANE W:OENING SCALE 1 " ~ ~QQO: XISnNG CR 103 ALIGNMENT $Hi32 DOWNVALLEY OECCL:R.Af!.JN LANE WIDENING SHHTf CU CO'HllS,..<fl VICIN!T'( MAP SHmTITlE CI.i M&S~TANDARDS NGtXSMEff Cl-3 GfNlAAl ~OTtS ClA SUM'-1'-'RY Of AP!'POXl~,l,' TE QIJ,,NTITIES C15 TY?lCAl $~CTi::lNS ct.6 mvr tN~TAtl.;\TION otTA•• C2.l OVERJl!.L f:XfSTING CONDlnONS Cl.2 EX!SilNG CO:iDITIGNS $1-!HT & PROiFCf ~tlv'lOVAl/0!'1Vl.l PLA><$ n.~ (X!SfiN() CONOITIGN~ ~l·~rr & Pil,OJ[CT 'lfN',OVll.tJDE~O P\AIVS C2 4 EXISTING COt:CITICNS Si"tE7 & f>fl0J£CT ~(MOVAl./D£'-'O Pt.ANS Cl~ [X!~flNGCONDITICNS SHEr & PROffC'l'~(MOVAl,iGl~O f'l.ANS 0 1 11\/fRA! l iMPRO\lfMtNTS sin ?LAN ,,NO HHiifvVAYGfCM(TRY C)-2 SH82 ACCHfRA T10'1 LAl\if l'U.N VlfVI< CJ_J SHi!2 & (~ tcr.l PRO~o~rn ACCtSS Pl.AN V·LW Cl~ SH92 OfCU:Ri\T:ON I.AN£ ~u.N v·~'N C1 l CR :03 GfOMFTRV SiTf Ul~O\JT C42 CR J0) 1)nl11Y !>!AN (4 3 CR :03 GRADING M<O DRAINAGE C-1.4 Cf! lOH'ROf'll~ f.1.5 CR lC:IAS~HAi.TSETIOr>,~ C4 6 CR J(J3 fXISTING A.MP ~l'iOPOS£D ACC£SS iAS[MtNrS/R 0 W L4] STORMv.:AlE1H.-tANA6FMf"IJ& rnos:ONCOl<TROl CS 1 Sl()f.lAGf l'tAN C5 1 SlGNAGt AND PAV'OMENTSTR!l'lr.G QUANllY 9-lffT C5 l MA>TER l'Jl.l/[\-!lN I 5TR1PING 1'1AN CS.4 PAVEMrnTSTRll'r~Gl'l.A'l 1 cs 5 t':>.G PAVfME.NT S~IPt1'Gl'tAN 2 PAVCMENTSHIPl1'G!'l;\N 1 ~~lc~~T J~I:·~~~~'~ II~ 'riirfl~~~i.«~IC~"! 11111 0510712013 09:18:52 RM Jean Rlberico 27 of 60 Rec Fee:$12l.00 Doc Fe·e:0 00 GRRFIELD COUNTY CO m x ::::r O' ;:::;: 0 PLAN NEW OR M STANDARD PAGE ~ ~~ TI-PE M-100-1 SfANOAAO S'>\160\..S (J SHEETS) ' ' '1-3 M-100-2 l,(-20J-1 l!!fM-203-2 M-203-11 M-205-2 !'l':f1-1-2oe-1 M-210-1 M-214-1 M-•12-1 M-510-1 M-601-l M-601-2 M-801-J 1,1-601-10 M-601-'.1 M-601-12 M-~01-20 M-603-! 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CONCREIT Bi>RR'"£RS (TEMP}.. 259 ANO VERTICAL l"AHELS l'lA.SHI~ $'.f:!\CQN (PQfl:t!\Ellt) DETAILS 260 Si!El SCN SUl"Pt.'Ri (TEMPORARY) l~STAUATIC>I 251-252 O(TAllS {:< $"Hf>} POiU'P..IJI£ R-\JMBU smws (TEMP·-:;R.• .. ff!'} (2 SHH!:>) .. , ~ ..,..,,,_,~)>· (M!R~CY PUU-.OIT A;REA (TEMFORl\RY) ... 255 RO'..BNC ROAGi:!Ll}::i<;S fCR TRAmc CGNTRQ;y . ··•••·•••· 21>6-2&8 {J SftEETS} . //<,, ~;·~ <tr'~ ~·z~~, ·;;) '.':(¥1/(kY~i'J" -j~~~~~~~"Z™~-~ STANDARDS PLANS LIST #312039 is E, r-~-~iJnll'T•;';"_"_"_a~- ! OPRlS 1HGINEER!KG, U.C. ll02 MAH SJM!l; SUITr AJ:; ~/t349jR!Qlf i CON!i'l!t!iii!il ~.;~~:"---_ MEO r;ru_1ru __ J_~s.su_:_~_~Y_ -~~-°-'~~ __ o:~~!?P~:.~-~r~'.~ch -~~.IX. 4. :w12 Sf I EET C 1.2 , I ~ ' ' ~·:: ;·~· ' '.:' i~ l :~· ,, ~. ~ ~ ti ~ E '" ~ ~ g i ~ ~ ~ ~ • ~ " z , " • ~ , • ~ • 0 0 0 0 0 Ii <\ , " Ii z 0 0 ~ <; " ~ < ~ ~ ~ g ~ ~ ~ • c ~ 8 ~ ' ~ z " g • >; • ~ ~ ~ " ~ ~ , Q ~ • " ~ il < iii ~ ' < ' ~ • ~ ~ ~ • ~ ~ A • ~ M , • ~ ~ " 0 0 " ~ ~ 0 < < z z ~ 0 0 ~ ~ ~ N ~ ~ c " I I* I I ~ ~ '1 0 , "· 0 ! ~ "' • ~ " ~ c " ~ • ~ 0 0 'A " 0 0 0 ~ ~ c • " 0 ~ ~ ~ ~ ~ c ~ ~ ~ ~ " 0 ~ ~ I I I ~ I I I ~ i ~ • " ~ • 0 ~ ' ~ " ~ ~ ~ • ; ~ -. 0 g 3 • 0 2 ~ m x ~ z Gl r m Gl m z 0 " ::0 0 " 0 V> m 0 r m Gl m z 0 o~ AlNnO~ 013I~~tl~ 00 0:ee~ ooa 00·0$:ae~ oe~ 09 JO 6l 001jaqttl uear Wtl zs:e~:sa £~0Z/L0t90 6V6V£9 :~uo~lda~aH 11111 ~·~Jll'll:irf l:.ir+l:A+'\211~·11-l lilll'f ,l\ll~'l'.!~l 'l'ol\W 1111 SUMMARY OF PROJECT QUANTITIES PROJECT ro·rALS CONTRACT lTEM OESCfllPTION UNITS PLAN AS CONST. CLEARING AND GRUBBING LS I FEMOVAL OF ASPHALT MAT SY 3198 REli.<\OVAL OF PAVEMENT MARKING SF 1987 REMOVAL OF GROUND StGN EA 4 SAWING ASPHALT MATEAlAL (-5 INCH) LF ,.,, UNCLASSIFIED E'i'J:;AVATION iAEGRADE lvlEO!ANl LS I TOPSOIL 1REMOVAL & Pl.ACEf..lENT :N MEDIAN\ LS l EROSION CONTROL LS I I RESET GROUND SIGN EA 4 SEEDING (NATIVE)· DlSTuRSANCE RESTORATION LS I AGGREGATE BASE COURSE \CLASS 6\.SH 82 CY '"'' AGGREGATE BASE COURSE iClASS 6)·CR 103 CY 8'2 AGG~EGATE BASE COURSE 1CLASS 2)-CA 103 CY I 1170 ANGULAR 3'4.·1.5~ ROCK CY 175 HOT MtxASPHALT {GRADING SXJ (75J (PG 64-62)-SH 82 TO~ 997 HOT MiXASPHALT ;GRADING SXJ. (75j \PG 64-52)-CR 1il3 TON 632 GEOSYNTHE11CS·TRJAX TX140 GEOGRID·CR 103 SF 13390 INSTALL INLET· TYPE D WITH STANDARD GRATE INLET EA 1 18 INCH PLASTIC P!PE LF 20 SIGN PANEL EA I STEEL SiGN POST EA I MOBILIZ.t\ TION LS 1 PAVEMENT MARK.NG SF 2152 CONSTRUCTION ZCl\lE TRAFFIC CONTROL LS I NOTES· A DENSITY OF 143 LS;CF WAS USED. TO QUANTIFY THE TQNNJ•CE OF REQUIRED .\SPHA.LT FOR THE ;>ROPC.SED M1IPROVEMEr>.: TS 2 ,\LL AGGREGATE BASE COURSE QUANTITIES USTi;O ABOVE WERE BASED CN THE DETAIL PROVIDED O~ SHEET Ct.5. I I " 0 "' -< -< " 0 EXISTING hBP l MATCH €:X!S\1NC PAVEMENT ·-1 ~-5-:-ASPHAL~LA~ I~ ~TS-~~ . ~-1a IN CLASS G EXlSTlNG GROUND = (f) SAWCUT ~IN. 1 FT, FRO~~ :'.XISHNG EDGE Of PA\IEYENT fl.Jll DE?'rl TYPICAL SECTION MILL MIN, 2 l'T SH 82 ·PAVING & DITCH IN EXISTING \1EO!AN STA: 6+97 TO 7D+54.S €XIS11NG SASE CCURS<'. SHOULD Sf LEfT 1ti PLACE ft.J'JD f'RO"':TCTED AS C~DJTIONS ALLOW 1' lfU 1' WM llllo .. ,...n -., ... -*""' ........ ""'" 11--. .,~-111--'40. EDGE TREAT\JENT FOR GOWNVALLEY \-\llDENING & R-VAi UE DESIGNATION l-l-1n iP!r·~ -Cldo!tolS-..../"' .......... HJGHWAY SHOULDERING EDGE TREATMENT FOR HIGHWAY VERTICt•-l CUI ')~41C!-Mlf~4-~lf'OQ1'1>110-S'l"-~~ JJ r a.qs' ~l't 111« ax.-Ol:l'M:!l!ll ro • sr.-~ J) 'lfllA.1t M40 «Oal!D ro • ~ -H ~!lax. PROPOSED CR 101 ASPHALT MATERIALS SPECIF!C;\TlGN Ot!TS~GF OF EXISTING GRAVfl EXTRACTION -,.~'.."'""~, •K ....... ··---. •ox~~:_____.'.~ .. ,,,.,,1 :Ml:i<,~!_! !lo.3* ea.,,. lhi_c);~; ->"!U'I '4 tN. ~A Gr ~.x~ ll tit CL/ISS 6 ~J~ ; • PG 6<-n !Ml l>e owl 'o• IM t~ ~r.ii l>l•tom Al• L~'Wt "!f __ ~'!Y-•t<_~ __ Jl,,.~1.Il.!+kL!_<;!9J_~---·-·- PROPOSED CR 103 ASPHALT MATERIALS SP''::CIFICAT!ON WITHIN EXlSTING ROADWAY I NON DISTRUBED SUBGRADE ' Cc:-01 'JlJST A<>i'i<OWi ~llF ASP'<Al. r '-"" OES<C.-1 ?RIC~ 10C0NSTRLJC,C~< '>It: Pt:0.tl""iEl'S UIO~HR \,F RFOR(, ~A-VI.;_ ;:\,C!i_f)ll>AT[ \\1H< ''lf. 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SOL!O WHITE ,_zg:.~n 3ll/4l.4'l ·• 0ASHlOWHl1f f>37•<)[},1Jfl7 n~ 697•37.tJ/41-l'l 702~20.9l/l.S.Z'R ~/131'...I!. !OJ~J J.47/43,J'L 692+27 43/17.0'R 1' DASHED WHITE 68~+41.3ll/41.98"l l6<JZ"'15.04/41 S:i'l Z61 ---R(l1v, ---s' 'l1?1NG ro B~;::ie.•Ov1 E; _,,/' Row Ar,-,.ox ~~~ v ---Row --- fIID>,\":\ \\I\\ i \\ j ~ ----""• ---- EXjSnNc RIGHT Cf WAY EX1STING £0CE CF ROAD EXISTING ASP!'lAL T ••• PROPOSED ASPHALT SAWCVT UNE PROPOSED ASPHAl T PR/"lPOSEO AS!"HA.l."f MIUINC EX1$~1!-lGASP"<,<,L1 f()!!E RE\10Vf:'O ~-.. .:::'J,, -·-""::-1;::: /$ ~I"·,~:<;, #ti:, ,, .{s• ''' .. 't -~ ... " <'~ /:.y·' •) ·.'f,, ·· w · · ·.aM ZH37l ~ !:.I -,/;zt:f r4~~} ·;i,·) ''-'C,•ONAl ~ -.,,,_.,)~,,)(VJf r---com ... :tirtiTe lnfonTIOUon----Sheet Revisions I S E ··-----·-·--·--·~l ----·-·-·1---COUNIY ROAO---"f03J·sH-~ Pro'ect No /Code 0-U. Dalt.: Otl/2$/12 111,:W..:CMC c:::; ,' OPRJS Nt;tNIJ'RI, LLC. ·-·-····-····-··-·---.f EXISTING coNOmOMS $Hrn at . - l• ~ tlrrl.; OJ/IJ/1J ~ CHC -C::J '°"""""'"""'""·'" ···---~'"' ' ... ..-..... , .... --1 firvrL CONSULTANT. !No; ~OJI$" l PROJECT REMOVAl/OD1:0 Pl>NS ' 3120J9 '° .. ?ollt 1<:\)'-..,.\llOlt -C) ' 5<'11.tcNH SlRECr. .• ~~ '-' f '""' ,,,,,,... "'" lsw"' °''\.,%'::%\."' .. _(!.;?!!~ ~· _ nc11-o:-IKllO.. c=i --· ~~~,:OJ;uJ . . --'~s_ ·--cHc-----i~1____ ~~ coJ~-t· li<od v.r.2009 ~~1· .. 100' \.lllltl: li$1' ·::::J -·---Void; ~So:~-CMl j s~s,.,._._... S!!m,..,.,, .. , C"l.2 WGl;:o. -i>U1111= oGn --_ _,.""I! _,, :;; O"lNf9" .... ee ..... _ ;:uWO~ • 0 o o# l!l··--"ll·· ..... ~ a;g:=..!! f.i:.U1~c­ G1NUJ-ll!!!! ... -ODIO~ 03 " 0 c.... =--o: =I-,,, ...... • mD ec: • 0, o-· 0 O'>O D "' .., "' r " n 0 c z -< ~ n 0 I .... 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CONSUL!" 502 I.I.Ml SWIUT, SIA1'E: .U CAAllON!WL CO '162J {9ro/ 10+---0311 EXfSHNG 'WRCM:> 'NAY' ANO 0 Dl\-1DEP 'll(lHWAY' SIGNS TO REIM.IN EXISW./G ·en NC1 E!ITER" SIGUS ro R~~·Alt./ EXl:Fl'lG ASP>->.4.l r ONCR 1)31°cee: i<EMOV~O :CUD DISf'OSfGO>. ~it BEOltl CRl!;f.lflG ---"""' -e:x1:;r1r-:G ·;::n ~IO r u-1rc<--.... --ROW -- s;GNS TQ ViNAIN @ EX!S1'1NG SOLID YE~tOJ'-i $~Rle'l'IG et:y'.)r;-0 Wl'..NG EXTE~TS Tll BE EXiSi>NG RIGHT CF '{(AY [XlSl'lNG EDGE Cf ROAD EXISTING ,\SPHAL T PROPOSEO ASP.,Al T SAWCUT UNE PRO?CSEO AsP'-IAL T j\\ \ \ \ ',\\ \ \\~\\ \ \ j pr.QP()SEDAS!»!AL1~.!ILL•NG I §%¥#@' '. m ----~-~151;NG A$f'f;,\l T ro !IE !<!OMOVECJ SCALE 1" E:<l$Tl~1G ·t~::> f'A'<KltlU" SIG0 l TQ tlE REMOVED BEGiN GRINDING 0 t:.x:c>r1w:; lfiltoT FUM,.52N·~ INLEr '0 BE C:O\·EREDWIH! SCUD UD ).ND f:URIEO~ i'!i;"~R re C'ETAIL ON SM!;;E.T Cl_J_ 100' REMOVAL TYPE OF STRIPING START STA/OFFSET END STA/OFFSET LENGTH (LF) ! SOLID YELLOW 671-.85.58/1&4'R 683+88.14/5.3'R 1203 2 SOUDWHITE 674"40.14/42.9'L 682•53.21/54 l'l au ~..:!:.?7.3616.l"R __ 732 3 -+~•oc.UD WHITE 4 ........ ~~SH~_~V!-~.~~~-... ~I~~c'c'ci'c'c'c:l'-t~~==~=-1 5 S.OUD WHITE 680+73.C7/41.5'l 5&Q<.7~.07/416'l --'°' 584+ 10.64/42. :·L !l 12 13 14 SOUD YELLOW 5.0L!D YELLOW SOUDWH!TE 2_~_1:!_£D'01HITE DASHED WHITE i::>!STING-24' ,:l.Jl VEAL ;;E-,-A.I~< MJD PFOTECT .'iAW(';IH "f'f'~OX P'ihl lF Cf. ASPHi<l: :f!Jtt D~~T\-<) RE\'OVE e, DISPOSE AP 0f'.OX >M >iYOl-' ASPHAI. T "AVEMEtjT "'' Voij· CMl 338 689.,...13.88/42.0'L 501 687t 15.62/1Z}'R 249 -~7.,:;_4_ 19/S.4'R 228 697+37.14/41. 3'L 31 700+26.97 /3 S'R 702+20. 93/18,l:'R 194 7C3 .. 79.13/1&2'R 713+54.59/ 13.3~ 974 70Jt73.30/43.4'L 707 .. 73"17/43.J't JOO 537+90. 11/17.2'R 692+27.43/17 .O'R 437 689+-l3.Si!/41.98'L 6'92+05J)4/41.88'l 261 C.:'.<lSil~lG 'TR.VCf\S E!HE::tnK;" SIGN -:o BE RHOCAIED «H£1< ro SHEE': c~. ;~~"'*""'! 1 :Ml,.( Shoelt: @ EXISTl~iG SCUOWHITfi STRIPINO re er. Cl:E\!OYt'.:l ,:.Pi"ROX 31/J LF I Pro'ect N~<?.:Lcod~-J J12039 STMI: !MT l«). C<: 051/IJ.49 """"'"""" ~,:-·--·a.:.i~-- 5TARTSTA/OFFSET END~iTA/OFFSET SOUOYELLOW 671+&5.58/13.4'R 683+88.14/S.JR SOUDWHITE 674•40.1' 42.9't 682+S3.21/54.3'L SOUDWHIT( C.76~47.49 16.B'R 684+27.86/6 l'R P~.1:3.EP.:.Y!:!,IJI., .~~.97/42 2'L 6S0+73.07/41.5l SOUDWHITE 680+73.07/41.6't 684+ 10.64/42. l'L SOUDWHITE 684-••H.33 47.S'L _ 689+~!3.SS/42.0'L SOUOWHITf 6841-66.94/18 3' R 687+J.:S.6Zll7.l'R SOLID YELLOW_ 684+§.~:.!~-~3:.~ ... §.~.?.:'.!~(5.4'~ SOUO WHITE 597"°6.S 47.6'l 697'1-37.14 41.J'l 10 SOUDYfUOW 700+26.<n' 3.B'R 7C2+:i~0.93/ 1&.2'~ 11 SOUOYElLOW 703+ 79.13/18. Z'R 713+54.59/13.J'R " SOLJO WHITE 704~7:l3C 43.4'l 707+TJ_47/'13.3'l 13 DASHED WHITE 687+90.1L'l7,2'R 692..,27.43/17 O'R DASHED WHITE 089+43.81l/41.98'L 6S2,.0S.04/41.S8'l SAWC:UT A<'PRCX. ::~ LF Of ASPKAl T (FUll :;l!;?TH), ~NC 01' CA >11.1 Pltf)~EC'" EXTCHS tENGTH LF) 1203 813 782 408 338 501 249 228 31 194 "' 300 437 2&1 ---ROW -------- -, \ \ \' I !~GENO N l EXISTING FliGl-IT OF WAY J EXISTINC EDGE OF ROAD EXISTING ASPHALT PROPOSED ASPHALT SAWCUT UNE PROPOSED ~SPHAL T I PROPOSE:JASi>HALT \11lllNG SCA!,E J" !00' EX!STINiJ ASP>iAl T -o BE '<EVCNED 1111 Ml"i1o llfnli"i1o~1~t' I lift IM 'WIPll:Wl«MIC~1 I 11111 Reception~: 834949 05/07/2013 09:18:52 AM Jean Alberico 38 of 60 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO @ v ~-" " ? v 31 v ~ a-, 0 0 z g ~ ,0. iJ ~ > 3 ~ ~ ? ~ " G , > • ~ " ~ " • I g, '" u ,, fl ', '. 'j ' .. ' .. ! I : ,j I I " ~, ' ,_)' EXISTING ASPHALT TO BE REMOVED Al\O RECLA•MED REFER TQ SHEET -----~ C2_3FORDETA1LS(!3YCDOT) ...........__ $'~·6.'W•1G.GJ ----Flor, OF';"SE r \?._()1 ~ ----"°" N ) SCAL~ l" JQQ' --------------------------------···~~-~---~-----~-.----------- E:<ISTING ACCESS TO BE CLOSED CONCRETE PAD AND ASPHALT TO BE REMOVED ANO RECLAiMEO. REFER TO C2 3 FOR REMOVALS (BY COOT) LM-1ES TOBE RE·STR1PEO. NO ADDI flONAL ASPHALT \_~ r\EEDED FOR TURN LANE -,.,,,. -------. _ _ ... NOTE REFER TO SHEETS C5 '·CSA !"OR UETA:LED STH:!Pl/\;G LAYOUT -- wo;u. !DU'1jb = oOn~ _ _,. _.,, CTll\>i+ ... oo .... -~wo~ . , 0 '"' !D·.--; ~~co !m! ~~w=:. ~~it :II! ... __ ODUJ- 03 !!!ii 0 o~ _... .. om • -no • ~ OD O<T • I 01 ~ o-- 0 G>O D ~ I "' .,, "' ! r ~ 0 0 0 iii' c z ::"\; ~ I! ~ :E 0 ~ 0 II • I - 1111 WJl".i. lirii,~·.~1~\: ~,~lti~WllM:Mo.l"ift"Ni~11I 11111 Reception~: 834949 05/07/2013 09:18:52 RM Jean Alberico 40 of 60 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO I I I I I I I I I I I I I Ill Iii I I N j SCALE l" EXiST;NG INLE r TO BE:, COVERED A1'D BURIED NEW INLET TO BE INSTALLED AT A LOCATION TO BE FIELD DETERMINED ANO CO!\NECTEO TO E'..XlSTING PIPE SYSTEM 100· NOTE ADDITIONAL ASPHALT FOR 12-FOOT WIDE TURN LANE AND 4-FOOT W!DE SHOULOER REFER TO SHEETS CG 1 • C5-l FOR OETML'!D SfRfP!NGLAYOlJT 0 0 c z , -< 0 0 FENCE HE LOCATION FRC\.1 EXlSTlmJ ctJQT OEER. rENCE TO ENO CF HELGCAT€0WCCO FENCE TO BE GONE SY COOT AS A P.'\IH CF TH£ INSlALLA11()N OF n-11= lll:JOR ~lNCEo MW CROSS1r>;G CU;.H CRO:SSi1'G'i'f:NC~ l() BE !"ST ALL ED BY COOT INSTALL "R•GHT LMJl: MJST TURN RIGHT'S;GNP£R\.~U!C::JSTANOAl'<OS ~ CRIVE TC BE CONSTRl;CTEO "' \\"lTi-tCOUNT'f DRNEWAY PERMIT CL OF POWERS PIT ACCESS STA 1~w ~cL OF CR 103 STA 6•<le.e-1 ACCESS TO UECCNSIHiJCrED W!!HA COUNTY Z: -Dfi.IVEWAY P!".RM<f. Q ,.,,, "' ;i ~ ;; ?l ~ 5 ;-c-;;; Af .i ~ rox1s1:NG~FNCE re l>E RF.LCCATFO ENO Of' CR 103 IMPR0VE\.!ENTS ASSOCIATED WITH CDOT ACCESS PERMIT #J1l()}3 Ci'< HI) ;'.:L Sfl\8•00.11: / RED1fl.ECT TAPE!<@ ·s l ,~ ti I .$£Al,]_ !'' ~ 50' / / u.c. ~2;;!.iA~~t;:;~;~~~:J!--~~:~=~~=---··-----couNTY-ROMf "103/:SH" 82 (~JJV/ 10<-CJti :~ _~_.,.;!°~'"­ l~~·'"6 i ~~<l 1111 W.1i l~l".1i,10IA l~(lmi1 1 1:w,~NU~!Wf ~1 ~ 11111 Receptiontt: 834949 05107/201309:18:52 RM Jean l=llberioo 43 of 60 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO I \ ""' \ \ ""' \ 1111 Mi".i.1irn,1~~1~i\'J,I~ ~11;r1r,1i1P:lllr.l-m"Mi~1 ~ 11111 Reeeptiontt: 834949 05/07/2013 09:18:52 AM Jean Alberico 44 of 60 Rec Fee $0.00 Doc Fee:O 00 GARFIELD COUNTY CO ---~·····------- I I 1 0[]0[][] I f)ATWI El.SJ 619000 ..i ~ t0\11 ?();NT ELE\i ~ 6202.3& LOW f><llN'i ~rA/' h!'l'.!g ;:vJ STA~ j•?O SCALES i<ORIZONTAI:' SCI VE;RT!<.A.:.. l"•' PV' E:UOV ~ e?v2 ~6 PPRCXIMATE ;:x1·;,N(;Ci-'Jol;JE f'V! $T,\ ~ 6•24 P\11 EdO:V ~ Kic10 "!)_ "-0.~5 ·----100.Yvc--·-; , , 0 > " --------1------1----- PR0Pf:$i'O Fl ~ISl<Ftl G'{.t.fJF CR 103 PROFILE " ~ u > " ] I n t21Q 0 c z 8 -< ~ > n 0 " """ ~I SCAI.E1 "-SO' FUTURE DRIVEWAY, ' ' ' " ' ' ' ' " ' / / / ' " ~ \_,/-¥ / y<' REALJGNED COUNTY ROAD 103 80-FOOT ROW TO BE DEDICATED TO COUNTY FROM CRC 35,846 SF 0.823 ACRES CRC PROPERTY 19,850 SF 0.456 ACRES / / / PROPOSED RC\V TO BE DEDICATED TO COUNTY FROM CERISE 3,358 SF 0.077 ACRES EXISTING COUNTY ROW TO BE ABANDONED FROM COUNTY TO CERISE 6.260 SF 0.144ACRES 0 0 c z -< < 0 0 SCALEl '.' ""'50' " 0 ~ --< -< " 0 SlGt.llNG & MARKING PLAN ~OTES lN COOT RS:GION 3 AU SiGN "0STS SHALL SE GAL llN1!Z!;;C: "USUlAf.{ STEEL FULL·COMPLIA~<Ct, TEUPOMRY PAVEMENT MARKINGS S~ALL BE APPLli':D ?ER COOT S!"F:CIF\1:AT'.ONS Ai iHE END OF EACH CONSTRUCTION OAY 77iE CON'if<AC~OR SH.V~L CO'.HM:T CJOT ?ROJEC".' !-h\NAGf)'!.klD ENGINEER OF RCCORD. AT LEA.5'1 -WO Wf:EKS ;>!{10R TO SCH•.::ouL;- STRIPlNG. ";KE PERMllTSEWILL 6E RESPONS18LE FOR A.'<Y CORRECTiCNS REQ:JIREDi.-PC·).J f!NAt INSPf:CT'ON Of. 1HE ACCCSS ST~lPING SHAL~ SE E?OXY PAINT AS "ER SECTION i327 OF 7Hi=; CDOT ST ANOAKD SPECIFICA'.'.'IONS FOR ROAD AND !3RICC£ CONST!-<UC-:ION UNl.ESS AN AS?HAL T CVErll.A Y 1$ R6Qlf!Rl"D, GRINDING CF Ex1s;1~JC; PAVEMENT MAHK!NGS SHAL:.. 85 REQUIRED BY CDO"'. !>iE f>."il.'EMJ;\IT MA:'IK!NGS SHALL SE RE'..\O'JEJ 00 Tf.jfi E:XTE~H THAT 7r1EV 'NIL~ :-.;o; BE. VIS!3tE UNDE~ DAY OR '<IG..JT CONDIT!O~S ANO lN A IA~'<NER TrtA T Wltl NOT AFFt:.Ct T'iJ:..FFIC F\,OVI 6. Al.!.. STEr~CILS SHALL 56 l~llAYf.D ex1St1~~G STCf> Si~N REL0C'>,Ji:rJ Pf,'11 MGTCtJ STA."<0;'.ff'<)~> +oz:;;m ·---"'"1 ~(le,-,_ - 1 r,gg<~ -t::TINGWR.CNG WAY TO REMAIN 1 ~--- !I ~----.-,_-JA ------- -__ ·_ - - ·'--------~--------,_ - -RIGHT LANE PRCPCSJ::()'"!tGi-<TL\NE!-iVO.TT\JRNRl'.'.:>I'. . I . . ---~ ---r.1 usr-·i~.;.;;;.QE-ll>CTAl..'~tt..r'J:.:l:~:l- -;, ~ I MUTCDSlANOAR'.:':S STA: l;).1•7J,5Z Off$&.!· Afl.% L ' Ai~ SiGNS AND PAVE\lt;:NT l.'.Nl.K!"O TO SE INS>A'_LED Pf:[{ 2009 \.jUTC:l STANDARDS ALL SIGNS TO SE MIMVUM CF 5' OFF Tri!: t.HOU'-CE\~ Of TME ~OADWAYS SCALE ! " 1og' \. - ---eo·iliDUter File Information ~ Sheet ~~isi~s--·-----1-s~E~~~·~:· .;..« ... o.Ml 08/:l:<i/12 !~:C!-!C IC:? u.otlilodlf1ooliM!loM: OJ/JJ/lJ '""'""" = ==i M coNSULTANTS J Ml'lrlll' "'\)'~,, .. 1 = ~""1.FllliMamt t101•-Slll:l'WG·~-= -------· ----, -Vt<. zocw s.:or.:1· .. oOO' IJW:~~ti9h = ·----1 ---- ~I 11!1 SIGN/I !A SIGNING & MARKING Pt.AN NOTES IN COOT REG!Or-J J AU .. SIGN POSTS SHAL:.. BE GA~VAN~ZEOTUBULAR STEEL 2. Hlt'..·CO~-APLIA:>ICE, TEMPORARY PAVEMENT \\i\RKINGS SHALL BE P.PPUED PER CDOT SPEC:F!CATJO~;S ,\T T'1E ;:::ND OF i.:AC!-1 CON~;TRUC'.'ION DAY 3. frlE CONTRACTOR SHALL CONTACr COOT P!~OJECT VANAGD~ A~lO ENGINEER Of RECORD. A: Lt:AS~-rwo WE:EKS ?"!.!OR TO SCHE!)U'-!O ST~IPiNG. THE ;>f!_flMl1T£E. WILL 8-€ R"'SPONSIBLE: FCRANY GORRi:CrlONS t<:OQUIRED UPON FINAL INSPECTION OF THE ACCESS 4. ST~i?ING SHALL BE E?GXY PA!NT AS PER SECTION G27 OF TH~:: C?OT ST,\NDA.'<OSPf:.CtFICATIONS FOR ROAD A"<O SRIOGE CONSTHJCT10N 5 U'~LfSS A~< ASP'"AL T 0\IEHLAY IS REQUIREO. GRIN01NG CF ~X!STlNO PAVF.\!.f.J~r MARKiNGS SHA~'.. i>E' REDVIRED SY C)OT. T>'lE PAl/E!.-!SNT rJAH:<;INGS SHA~L 3E 4:EMCYEO TO Ti-<E EXTENTTHA.T TH~"y VVllL NCT !IE VISJ3LE U'lOE~ DAY OR NIGHT COt~[HTIONS ,.io.NO 1:'< A MANNER THAT' WILL NOT AffECT TRAFf:(; f~CW >{~FE~ TO C:'.JOT ,<;-,-,\NON<O PlAN 5.014.', FO"' LA~ERA\. A~JD li':RTICAL SIG\/ PLACEf.~ENT CONTRACTOR SH;.L~ flE~D VERIFY LOCAT!ON Of SIGN PHIOR ro INSTALC.AT'ON COOR'.JNA "."E Wff;..f ENGINL.Ef{ ·F RELOCATION IS ~F.EO[;) SIGNS tN (;;S:~TRAL ISLAtlO SHA~L 3f Q'HJF.Nl'ATP:D TC FACE: OM COMING ':'RAFFIC S!GN PANELSlZ UGNMENT/STATION/LOCATIO SIGN COD W" x H" lEGEND SH82 DV 704+73.52 R3·7R 36 Ix! 36 RIGHT LANE MUST Tl.RN RIGHT PROJECT TOTALS SIGN PANEi. (SF) ClASS ! CLASS I I (lAS.S !II ' 9 0 0 NO, POST 1 1 POST TYPE (tF Pl2.SIN PZIN 11 I 11 I 0 n 0 c z -< ~ n 0 i FULL·COMPUANCE" TEMPO~.ARY PAVEMF.NT MARKINGS SHALL. as APi3UEO PE;<: COOT SPECIFICATIONS AT 7HE_ END Of EACH CON$"'.'",'<UC~ION OAY, !3 THE CONTRACTOR SHAL'. CONTACT c:::;OT PROJECT r.t.ANAGER ANO ENGINEER OF RECORD, Al LEASTlVlO WEE.;<S PRIO~ TO SCHEDULE: STRlPING. Ttti: PE.QMIITE:i' WIL.L SE RESPONSIBLE FCR ANY CORRECTIONS HEQLl\A:Etl UPON FllJAL INSP!:CTlON OF THE ACCESS STl<IPING SHALL BE !OPOXY -;-yp..:_ PAINT AS PE-~ SEC710N 527 OF THE CDOTSTM-iDARO SPECIF!CAT!ONS f-OR: .>-tC~D ,J.ND E!RIDGE CCNSTRUCilON UNLESS AN ASPHAL r O\·ER~Y IS REQUIR£0, GHINOINGO~ E.XiSTING PAVEMENT ~~AH KINGS SHALL BE REQUIREJ SY COOT. THE PAVEMENT MARKINGS SHAll 6E ,i;EJ,'.O\ED !O f"'lt: EXfE"I'" THAT THEY WIL~ NOT SE VISIBLE. UNDER :>AY CFl ).(!Gl·fl' CO~Otr!ONSANO I_.,. A MANNE!~ THAT WILL NOT AFi"EC! Tf<AFFIC FLOY/_ ALL S'"ENC!LS SHALL 3E G"OU'iO lN rHERMOPtAST,C FOR PrNE1.~EN7 'h\Ri<ING ~Nf'O:{fh\TiON, SEE CCOT STAND . .\RO PLAN S..U27-'. REFER TO coo• s-:-ANDARO Pi.A>'i S-fi04-1 FOR LATERAL ANO VERTICAL SIGN ' I ( /1 ········-··-· r '--.....__,. __ 1 '-,, ,, PLACEMENT N CONTRACTO~ SHALL FIEU} VERIFY )' ' LOCATION OF SIGN PRIOR ro iNSTALL'\1;0N COO!~OINA ft: WITH E"i'GlNEE.R !F REl..OCA TION IS NE:i:OEO SIGNS IN CE'-l!RA~ IS!.ANO SHALL BE ORIENTATED TO FACE OCI CQfy!ING '1'RAFflC SCALE l" -300' FCR ADDIT10NAL STRIPING lNFORMAT!ON SEE SHEETCS.4 PROPOSED -OE.'.CELERAnON LANE TRANSITION STRIPiNG T'JRN LANE T;~NSffiQr-..j STR!PiNG ----------------------c-~;:---,..---------------~----- N ( l~ SCALE I~-~ 100· -----------~~-------UPVAltl'Y STATIONING LENGTH COLOR TYPE SF l 671-+93 76-687-"14.19 1521 'fELLOVJ cf' SOUD 502 2 637+9!'.}ll 692+27Jl.3 437 WHITE 8" SCUD l93 l 69&+5'1.0'l 7C2+20.93 567 WHITE S" SOUD 3$0 4 697-+04.Sl • 713 .. 52.89 !&18 YELLOW 4"SOUD 544 ' 703+79.13-710..53.11 674 WHITE &"DASHED 452 DDWNVALLCY 6 674+40 14 582+53.21 813 WH!TE 4~ SOUD 263 7 68)-.-5:l16. 687+:?9.15 476 WHITE s:' DASHED .H9 ' 687+29.15-692+05.04 1176 WHITE 8" 50UD 319 ' 633+78-41 -684+64.38 " WHITE 4" SOUD 29 10 68-1 .. 85.66. 684 .. 86 :H 101 YELLOW 4" SOLID {j 11 696+99.19-697+37.14 l9 WHITE 8" SOLIJ 26 12 697+23.98. 707+73.47 lOSO WHITE 4"SOUD 3:47 B 700•07.64. 703+55.16 348 WHITE 8"SOLID m ll!GHT TUHN ARROW 14 b96+37.50 WHITE 16 LEFT TURN ARROW 15 696'418.50 WHl~E 16 1111 w.1irn,1·.~1~t:~ wt""1•1~'11r,11"w.~w,~,111111 Reception#: 834949 05/07/2013 09:18 52 RM Jean Rlberioo 53 of 60 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO ' ! ' . I ) SOLID YU.LOW S~RIPING 'M~' SCALE !" -100' - UPVAllEY STATIONING 1 671+93.76-GS7+14.19 2 &Alt')(),11-69lt27 43 3 696+5409. 702+20.93 4 697+-0451 . 713 ... 52.89 5 i03+79.13· 710+53.12 DOWNVALlEY 6 674H!Q 14 • E.S2tS3.l.1 7 682+Sl26 687+29.15 8 687'•29.15 692«05.(}:l 9 683+73.41 • &g4+64,88 JO 581+85.6&-684+86.34 l! 6$6 .. 99.19. 697+37.g !2 697+23.98. 707+73.47 !3 700l07.64 . 703+55.16 RIGHf TURN ARROW 1<1 696+37.SO LEFT TURN ARROW' 15 696+48-SO Com12uter File lnfonno.t!on ~ °"tt:~?!L!•f12 l1u§;;f"' Che = losl~l)ote: OJ 1J 1l l~OIC = fulM: ~,\3HlG<l~lt,,,~ = Orw'ffl~Jt~ ··~·---~~ = KM\/l<.WOll Sco!t: !" '" 10(( U~lt>: &. !<!It> = LENGTt-COLOR 1521 YELLO\V m WHITE 567 WHITE !643 YELLO\I./ &74 WH11E 313 WHITE 47fi WHITE 476 WHITE 87 WHITE 101 YELLOW 39 WHlif 1050 WHITE ]48 WHITE WfllTE WHITf "· ,, ' ' ' '~ TYPI: Sf 4" SOI ID 50 8"S0UD 29 8" SOUD 38( 4"<;;0ll0 544 8" DASHED 452 4 .. SOUD 268 &"DASHED 31~ 8"50l.IO 315' 4"SOUD 2:5 4"SOLIO 3l B"SOLID " 4" SOLID 347 8" SOUD 23l 11 l' " - ·~, '~ '~ '· I ~I I" , I ~ / ~- / I 1111wr.1.1~1·.1.~1nt'~ ~i l1'ri\'1Wl.,r,r+l(~"'r':~1 I 11111 Reception~: 834949 05107/2013 09: 18:52 AM Jean Fllberico 55 of 60 Rec Fee $0.00 Doc Fee:0.00 GARFIELD COUNTY CO ' J . ' I I I t / ; ~1 ;- : T /1 I \ ' / ! i / t ' ·'-- i I ;"'' ~: .-----·····~-----· ~~·d-~7--~1~---=-=-~: -o;_,/.;;I \\ ' \-·-2: ___ 1-f ~=il ' ww=,== =-~ =-°" -~--~ . I '.. " I I ' . ·--I I ' I I I ----1 ----------------t----i ------~------J ------I~ . - -"•r -"" 697+00' · •· I 098-FOO ·--I 099-FOO' -1-700+00 '. r. 701+00 I·-702+00 Ill I ---~L..:.~---+::1 -----------·---! Ill ·-~ , __ _ L _ U:.10,..VV I r--~ . -IL-+ \ Z! I k ' ;! 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SECTICN J .J75 EXIST1NG :.,P~"JAL';J ASFftA~T :,~5·r.x:ST1NG DO\l\'NVAL ·_ry ASPHALT OAf::o.~';v r----~h--ee-o",-v•s•Fco--' SHCv·LD[H <'>! 1\rlOENlf<G ''I ---· ·---------- SCCt;CN 10 37 r· EXfST"'IG lJPPVALI. ~V A$Ph\L ~ :!l 2" EXISTING 6<C5 ' ' Sl-H)UlCJER c WiDH<l"-lG •. ~i I ~I 1 s;::~ION 1\ ·1205 =·-··-j--, f'_:_; ~ -- --I-Hi l_'.i:_S'.':110N \~ hM .J6 :I nlS1>"iG 1)0'NNVAH ;y ;ISf'HA. T Alt PROF!! ES SCA! E· HORIZONTAL: 1'"=50' VERTICAL: 1H=10' ,:15' fXISTING Y.iJ'E.<ISriNG VPPVAU£" AS?HAl T CC\VN\'ALL2Y ASi>tfA'_ T DAWM ,::; [ __ --_"_'J-_J·_-U---LJ..---.J tJ2f)O. 00 l i r>G.Oi'OSED S~CUlDER ,~ .-Wl::>El<IN~i R .; ,, GI Hi::CT\ON 11' j ~ ----SX,STING H"'iSHtDGRACE ---r>;:;:l?OSEO "'l!i6H'D r~~D!' " o~ o• • -no • OD au • "' "" 0 <00 D "' -,, "' r " " 0 c z --< -< " 0 1111 W.i. t~1·.i.~1M'.I Wt!,l-W~'Mrllriloii\t:liWi!Wf ~11I. 11111 Reception~: 834949 . 05107/2013 09.:18:5$20 "o"o DJoecanFe~~~e~bc~~RFIELD COUNTY co 59 of 60 Rec ee: · · EXHIBIT E INSURANCE Minimum Types and Limits of Insurance: Contractor shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements. Commercial General Liability-Occurrence Form The policy shall be endorsed to include the following additional insured language: "Public Entity, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insured's with respect to Lafarge's negligent acts and omissions arising out of the activities performed by, or on behalf of the Contractor Minimum Limits: General Aggregate Products/ Completed Operations Aggregate Each Occurrence Limit Personal/Advertising Injury $2,000,000 $2,000,000 $1,000,000 $1,000,000 Automobile Liability (can be waived if Contract does not involve use of motor vehicle) Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of this Contract. Minimum Limits: Bodily Injury/Property Damage (Each Accident) Worker's Compensation and Employers' Liability Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) $1,000,000 Statutory $100,000 $100,000 $500,000 Additional Insurance Requirements: The policies shall include, or be endorsed to include, the following provisions: On insurance policies where the Public Entity is named as an additional insured, the Public Entity shall be an additional insured up to $2,000,000 per occurrence under Lafarge's General Liability and Excess Liability policies. The Contractor's insurance coverage shall be primary insurance to the amount of insurance required under this agreement. For the provisions of Sections A 1 and A2 the insurance policy must include contractual liability coverage. All insurance required by this Paragraph shall be issued by companies authorized to do business in the State of Colorado and written on forms satisfactory to, filed with and approved by the Colorado Department of Insurance. Notice of Cancellation: Contractor shall cause their insurer to endeavor to provide thirty (30) day written notice of any material change in condition or non-renewal of any of the required policies to the BOCC. If any insurer refuses to provide the required notice, Contractor or its insurance broker shall notify the BOCC of any cancellation, suspension, non-renewal of any insurance coverage within seven (7) days of receipt of insurers' notification to that effect. Such notice shall be sent directly to the Purchasing Officer or the Contract Administrator, at the following address, 108 81h Street, Suite 403, Glenwood Springs, CO 81601. Verification of Coverage: The Contractor shall furnish the BOCC with certification of insurance (ACORD form or equivalent approved by the BOCC as required by this Contract). The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. 1111 wr. t~1·.~1~) w, 1.ti~rotr,1.iro:~1~iwt~'" 11111 Reception#: 834949 05/07/2013 09:18:52 AM Jean Alberico 60 of 60 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO All certificates and endorsements are to be received and approved by the BOCC before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project and for two (2) years after completion of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of the Contract. Certificates of insurance shall state that on policies that the BOGG is required to be named as an additional insured, and the carrier refuses to provide the required notice of cancellation, suspension, non-renewal, it is the Contractor's or its insurance broker's responsibility to provide 30 days notice if policies are reduced in coverage or limits, cancelled, or non-renewed. All certificates and any required endorsement shall be sent directly to the Purchasing Officer or the Contract Administrator, at the following address, 108 81h Street, Suite 403, Glenwood Springs, CO 81601. The BOGG reserves the right to require complete, certified copies of all insurance policies required by the Contract any time. Approval: Any modification or variation from the insurance requirements in this Contract shall be made by the Purchasing Officer or the Contract Administrator, if the amount of this Contract exceeds $50,000.00, after consultation with the Risk Manager or County Attorney's Office. Such action will not require a formal contract amendment, but may be made by administrative action. Planning Commission, February 12, 2014 Public Hearing Exhibits -County Road 103 Road Vacation Exhibit Exhibit Letter (A to Z) A NIA B Garfield County 2013 Land Use and Development Code, as amended c Garfield County Comprehensive Plan 2030, as amended D Application E Staff Report F Staff Presentation G Email dated January 22, 2014 from Mike Prehm, Road & Bridge H Email dated January 29, 2014 from Dan Roussin, CDOT I Email dated January 30, 2014 from Chris Hale, Mountain Cross Engineering J Letter dated October 29, 2013 from Devin Drayton, COOT Construction Manager (with attachments) K L M N 0 p Q R s T u TYPE OF REVIEW APPLICANT REPRESENTATIVE LOCATION PROJECT INFORMATION Planning Commission February 12, 2014 RVAC7785 -KE Vacation of a portion of County Road -CR 103, Crystal Springs Crystal Ranch Corp . & Clifford Cerise Ranch Co. LLLP The Land Studio, Inc . -Doug Pratte 1. 78-miles east of the Town of Carbondale , north of SH 82 I. DESCRIPTION OF THE PROPOSAL AND LOCATION The Applicants are requesting that certain portions of County right-of-way for CR 103, Crystal Springs, be vacated due to a re -alignment of the roadway. The intersection was reconstructed last year with the road surface being relocated outside of the historic right-of-way (ROW). In addition to the request for vacation of the now unnecessary ROW the Applicants request that the Board of County Commissioners accept the re-aligned roadway and will provide ROW easements for the new road location . The Applicants are also creating utility easements though no utilities were legally or physically affected by the realignment of the road. Planning Commission February 12, 2014 RVAC7785 -KE These road and intersect ion improvements were required as a condition of approval for the Power's Pit application to continue operation of a concrete batch plant, Resolution 2011-77, as follow : ill . County Road 103 and State Highway 82 Imp.rovements. The Applicant shall woric wi1h .Colonido Department of Transportation .and C.ounty Road and Bridge to ·detenlline the ~s.ity of any. additional road improvements, including but not limited to tum lanes, depelerationlacceleration lanes, and drainage improvements. A copy of an approved Colorado Department of Transportation access permit shall be provided to the Planning Department. · iv. Improvements Agroement. The Applloant shall desigii, engineer, construct ll1d provide adequate · floancial security for any work to be completed on Co.unty Road l 03; iri. a form as required by the Cowity and pursuant to the Oartlcld County Road and Right-of-way Reipila1ions. e. The applicant ~ ~ to the County all portlons of County .Road 103 that fall upon or cross the Crystal Ranch Corp. ~rty. A 'Road Construction Agreement For Construction of Improvements to County Road 103' was signed by the Board of County Commissioners and the Applicant on May 6, 2013. The Power's Pit is located on the west side and the Cer ise Ranch Gravel Pit is located on the east side of CR 103. Pre-construction conditions at the site are shown in a GIS aerial map below, with the Power's Pit property outlined in blue . 2 I r • e Planning Commiss ion February 12, 2014 RVAC7785 -KE . Ownership of remaining land contained within this intersection includes Colorado Department of Transportation (highlighted in yellow) and Clifford Cerise Ranch Co, LLLP to the east. A Title Commitment was included in the submittal materials which indicates that there has been no conveyance of property or an easement for that portion of the road that cros ses Crystal Ranch Corp property. Further, the commitment does indicate that an easement deed conveying interest to Garfield County from the Clifford Cerise Ranch Co, LLLP does exist at Reception No. 454977 in the Clerk's records. The realignment of the intersection was not located within the deeded easement on Clifford Cerise Ranch Co, LLLP property and a new ROW must be created for that portion of the road within the Crystal Ranch Corp p r operty. This i s being done in conjunction with the vacation of the ROW that is no longer necessary due to the realignment. The 2013 Land Use and Development Code, as amended (LUDC) contains regulations for the va cation of a County Ro ad based upon provisions contained in §42 -2-301 C.R .S. which require Planning Commission recommendation to the Board of County Commissione rs on the vacation of the road, as well as a companion Location and Extent review to determine general conformity with the Comprehensive Plan . I . . ' CRC P<toPI RIV -1u1»sr 0~60 ... CIU.0 ·· ... " / I LJ<l9 I l\G CO\N rv >'ION 10 Ot °''"'IOONC O f ROIJ CCIJ N'V IOCf~IS! 11 .~ll) 3.fl o.••4 •crt rs t >IS l l\OW-100' ~lt,1 '!'tt0 W \ tXl !.o'INOGC:"'4 Wf..i l (()I \IYHl"WI I ~ I .l .111 ..... , , .. ,. r I Planning Commi ss ion February 12, 2014 RVAC7785 -KE Ill. REFFERAL AGENCY COMMENTS Submittal documentation was forwarded to the following agencies for review and response . Comments have been received from: Garfield County Road and Bridge: Exhibit G Exhibit H Exhibit I Colorado Department of Transportation : Mountain Cross Engineering: IV. APPLICABLE REGULATIONS SECTION 4-101. 4-108. VACATION OF A COUNTY ROAD OR PUBLIC RIGHT OF WAY. A. Overview. 1. Applications to vacate a County road or public right-of-way shall be reviewed and a recommendation made by the Planning Commission, and decided by the BOCC. 2. The provisions of C.R.S. § 43-2-301, shall control all vacation proceedings considering a petition to vacate or abandon the entire width of any County road or public right-of-way. The provisions in this Code are in addition to all other requirements of State law. B. Review Process. Applications to vacate a County road or public right-of-way shall be processed according to Table 4-102, Common Review Procedures and Required Notice, with the following modifications: 1. Pre-application Conference . The Director may waive the pre-application conference. 2. Review by Referral Agency . Staff shall request that referral agencies address the following: a. Whether the property is or is likely to be necessary or desirable for any public purpose within the reasonably foreseeable future; b. Any term, condition, reservation, or dedication of any easement or interest in the property necessary or desirable for public purposes and permitted by law; and c. Any other comment relevant to the County road or public right-of-way. 3. Planning Commission Review and Recommendation. The Planning Commission shall review all applications or petitions to vacate a County road or public right- of-way pursuant to the provisions of C.R.S. § 30-28-110{1)(d). a. The Planning Commission shall conduct its review of the petition or application to vacate a County road or public right-of-way at a Public Hearing without required notification other than inclusion in a posted agenda . b. The date established for initial review by the Planning Commission sha ll Planning Commission February 12, 2014 RVAC7785 -KE be considered the date of submission pursuant to C.R.S. § 30-28-110. c. The Planning Commission may continue consideration of the application until the next regularly-scheduled Planning Commission meeting. Under all circumstances, it shall conclude its review and render its decision and recommendation to the BOCC within 60 calendar days of submission. d. The decision of the Planning Commission shall be considered a recommendation, not a final action on the request. 4. BOCC Review and Notice. The BOCC shall conduct its review pursuant to the provisions of C.R.S. § 43-2-301, et seq., and the requirements of this Code. The BOCC review and decision shall be considered a legislative act. a. Hearing Notification. Action of the BOCC shall be pursuant to a Public Hearing. Mailed and published notice shall be provided according to section 4-101.E. b. Published Notice. Published notice shall include a statement that a resolution to vacate the subject County road or public road right-of-way will be presented at the hearing. c. Hearing Information. During the Public Hearing before the BOCC, the Applicant shall provide a form of resolution vacating the subject County road or public right-of-way that is prepared by the Applicant and reviewed and approved by the County Attorney's Office prior to the BOCC hearing. 5. BOCC Decision. The BOCC may approve, approve with conditions, or deny the application pursuant to section 4-101.G., or take any of the following actions: a. Continue the Hearing. The BOCC may continue the Public Hearing as it deems necessary to receive all information the BOCC deems relevant. Any continuation must be to a date certain with a decision to approve or deny the resolution vacating the County road or public right-of-way occurring within 90 calendar days of the initiation of the Public Hearing. b. Modified Resolution. The BOCC may elect to approve a resolution vacating a County road or public right-of-way in a form modified or altered from that presented. In that event, the BOCC shall specifically direct staff to make alterations to the resolution by a motion specifying those alterations. Such motion shall also include a continuance to allow staff to revise the resolution and present it in final form as part of the continued Public Hearing. c. Final Action. No final action on a petition or application to vacate a County road or public right-of-way shall occur until a resolution has been considered at a Public Hearing, signed by the chair of the BOCC, pursuant to motion, and recorded with the Garfield County Clerk and Recorder. d. Vested rights. No rights shall vest in the vacated right-of-way until final action of the BOCC has occurred, including recording of the vacation resolution under C.R.S. § 43-2-301, et seq. 6. Subsequent Action. Subsequent to recording a resolution vacating a County road or public right-of-way, the Road and Bridge Supervisor shall delete the SI Page Planning Commission February 12, 2014 RVAC7785 -KE roadway or portion of roadway from all County road maps submitted to the State of Colorado and all reports submitted to the State claiming the road or right-of-way as a County road . C. Review Criteria. A petition or request to vacate a County road or public right-of-way may be approved so long as it meets the following criteria. However, meeting these criteria does not preclude the BOCC's denial of a petition or application for any other reason. 1. The subject County road or public right-of-way does not provide any access to public lands (for the purpose of this subsection, public land shall mean any property owned by the Federal government or the State of Colorado). Staff Comment : CR 103 does provide access to public land however that access will not be adversely affected by the vacation of ROW and subsequent acceptance of ROW by the Board of County Commissioners. 2. The subject County road or public right-of-way does not abut or connect to any property, including any easement owned by the Federal government, State of Colorado, municipality, County, or special district, where such property or easement constitutes a public park, recreational area, or trail. Staff Comment: The right-of-way that is requested to be vacated will be relocates so there will be no impact to public parks, recreation areas or trails . 3. The subject County road or public road right-of-way is not currently used nor will it be used in the future for any County road or public right-of-way purpose unless the BOCC makes a specific finding that a satisfactory alternative route for the existing or future County road or public right of way purpose is available or will be provided . V. FINDINGS Staff Comment: There will be not impact in use of the county road as it currently exists. 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners . 2 . That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the request to vacate portions of County Road 103 is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Ga rfield County .. Planning Commission February 12, 2014 RVAC7785 -KE 4 . That the application has adequately demonstrated that the road vacation is compliant with the regulations required by the Garfield County 2013 Land Use and Development Code , as amended. 5. That the application is generally consistent with the Garfield County Comprehensive Plan 2030, as amended . VII . PLANNING COMMISSION DELIBERATION AND DECISION Staff recommends that the Planning Commission recommend approval of the application to vacate portions of the right-of-way of CR 103, Crystal Springs, as requested EXHIBIT l b From: To: Subject: Date: Kathy, Michael Prehm Kathy A. Eastley County Road 103 -Crystal Springs Wednesday, January 22, 2014 2:56:16 PM I have revi ewed the material submitted to vacate and ded icate th e re-alignm ent of County Road 103 with State Highway 82. We have no concerns. It is acceptable to Road & Bridg e. If you have any questions please don 't hesitate to contact me. Sincerely, Mike Pretun Garfield County Road & Bridge Foreman/Glenwood District (970) 945-1223 Office (970) 945-1318 Fa x. (970) 618-7109 Cell From: To: Subject: Date: Roussin -COOT. Daniel Kathy A. Eastley Extent/Road Vactlon of CR 103 Wednesday, January 29, 2014 9:57 :52 AM EXHIBIT I µ Kathy -COOT doesn't have any comments on the vacation of section of 103 since the County Road 103 got realigned. thanks Dan Roussin Region 3 Permit Unit Manager State of Colorado, Colorado Department of Transportation 222 South 6th Street, Room 100, Grand Junction, CO 81501 office: 970.683.6284 !fax: 970.683.6290 email: daniel.rou ssjn@state .co.u s January 30, 2014 Ms. Kathy Eastley Garfield County Planning 108 81h Street, Suite 401 Glenwood Springs, CO 81601 MOUNTl\IN CR055 fN61Nf:f:RIN6, INC. Civll and Envi ronmental Consulting and Design EXHIBIT I- RE: CR 103-Crystal Springs, Road Vacation: RVAC-7785 Dear Kathy: This office has performed a review of the documents provided for the Road Vacation Application for CR 103 by the Crystal Ranch, Corp. The submittal was found to be thorough and well organized. The following comment was generated: • The application materials do not provide anything to show that the improvements to the intersection of Hwy 82 and CR 103 have been completed to the satisfaction of Garfield County and CDOT. The Applicant should provide evidence as to the completeness and acceptance of the intersection construction. Feel free to call if you have any questions or comments. Chr is Hale, PE 826 % Grand Avenue , Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng .com EXHIBIT _____ STATE OF COLO DEPARTMENT OF TRANSPORTATION Region 3 Traffic & Safety 222 South 6111 Street , Room 100 Grand Junction, Colorado 81501 (970) 883 ·6284 October 29, 2013 Lafarge West Attn : Bill Anasmith I 0170 Church Ranch Way, Suite 200 Westminster, CO 80021 RE: PROJECT COMPLETION CERTIFICATE OF ACCEPTANCE, ACCESS PERMIT's NO 312039, LOCATED ON STATE HIGHWAY 082A, NEAR MILEPOST 13.491 IN GARFIELD COUNT\' Dear Pem1ittee or Applicant The Colorado Department of Transportation (COOT) bas accepted the ce1tificatio11 of the Colorado Registered Professional Engineer in Responsible Charge of Construction Observation that to the best of their know ledge and belief, the construction of the access to the stale highway is in compliance with the specifications, tenns and conditions of Access Pennit No 312039 , The pennittee, his or her heirs , successors-in-interest, assigns , and occupants of the property J serviced by the access shall be responsible for meeting the tenns and conditions of the pennit. If any construction element fails due to improper construction or material spec ifications, the pennittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access . You are advised that your 2-year watTanty pedod begins from the date of project completion , in accordance with the pennit terms and the Access Code. You (the pennittee/owner) are advised that the date of acceptance is October 29, 2013 , If you have any quest ions, please contact me. Sincerely, Devin Drayton Region 3 Construction Manager cc : File Yanci Nichol, PE -Sopris Engineering Stephanie Helfenbein, Sopris Engineering Mr. Devin Drayton Construction Manager COOT Region 3 -Traffic and Safety 222 South 6th St., Room 100 Grand Junction, CO 81501 RE: CR 103/Hwy 82 ·Certificate of Completion for COOT Access Permit #312039 SE Job#: 12138.01 Dear Devin : October 28, 2013 I This letter is written to formally notify COOT ofthe completion ofthe CR 103/SH 82 Intersection which was constructed under the CDOT Access Permit number 312039. We conducted a preliminary walk thru on September 12, 2013 and created a small punch list based on that walk thru. You had a final walk thru on October 22, 2013 and agree with Sopris Engineering that all required improvements, including the final punch list items are complete and in place. Therefore, to the best of my knowledge, the construction was completed in accordance with the intent of the COOT approved plans and specifications dated March 15, 2013. Per the conditions of our access permlt(s), enclosed with this letter ls a "Compliance of Construction and Materials" from CTL Thompson, Inc. dated October 24, 2013 for your records. Thank you for taking the time to conduct site visits and working closely with our team on this project. The project was a great success thanks to all of the effort put into it by all players, including you and others at COOT. I appreciate your help, and I will look forward to receiving the CDOT's letter of approval to start the two year warranty period . Sincerely, Principal Cc : Kent Harbert·CDOT, Stephanie Helfenbeln·Soprls Engineering, Bill Arrasmlth·LaFarge, Mike Termentozzl·Unlted Companies, Art Dally-Holland and Hart, Mike Prehm-Garfield County Enc(s): ·Compliance of Construction of Materials from CTL Thompson Dated 10/24/13 I 502 Main Street• Suite A3 o Carbondale, CO 81623 o (970) 704-0311 o Fax (970) 704 -0313 SOPRIS ENGINEERING • llC civil consultants October 24, 2013 Sopris Engineering, LLC 502 Main Street Carbondale, CO 81623 Attention: Ms. Stephanie Helfenbein Subject: Compliance of Construction and Materials State Highway 82 and Garfield County Road 103 Garfield County, Colorado Project No. GS05464-345 and 355 CTL I Thompson, Inc. has provided construction observation and materials testing for work performed for the new intersection of State Highway 82 and Garfield County Road 103. The work consisted of aggregate base course (ABC) placement and hot Bituminous asphalt pavement. Our construction observations for ABC began on July 8, 2013 (Daily Report No. 30) and concluded on August 7, 2013 (Daily Report No. 43). Asphalt testing began on July 25, 2013 (Report No. 1) and concluded on August 7, 2013 (Report No. 7). In our opinion, the items observed and tested are in general conformance with the project and Colorado Department of Transportation specifications. We appreciate the opportunity to work with you on this project. If you have questions or we can be of further service, please call. Very truly yours, CTL I THOMPSON, INC. &/V~~rv.~; Dan Downing Laboratory/Field Manager DD:JM:cd cc: Via email to stephanie@sopriseng.com 234 Center Drive I Glenwood Springs, Colorado 81601 Telephone: 970-945-2809 Fax: 970-945-7411 n echling, P.E. ranch Manager