HomeMy WebLinkAbout1.02 Warranty Deed - Utility Easement.pdf1111 ~,1~ .. ,~ll 1'11'!rl'llJ, l~l.~~·1 1 ~''lll~~l·1Jl 1~~,,~,:·'1W,i,i/, 11111
Rcceptiontt: 848459
tJ•l-'2?;20~ll [)4 35 .i8 Pr-1 Je<>.n AlbE!r:co
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WARRANTY DEED
CLIFFORD CERISE RANCH CO., L.l ,.L.P., a Colorado limited liability limited
partnership. whose address is 0086 County Road 104. Carbondale. CO 81623. owner of certain
lands in Garfield County. State of Colorado, GRANTOR, for and in consideration ofTEN
DOLLARS ($10.00) and other good and valuable consideration. the receipt and adequacy of
which are hereby acknowledged. docs hereby bargain, c.lecd and convey to the GARFIELD
COUNTY BOARD OF COUNTY COMMISSIONERS. whose legal address is 108 8th Street.
Suite 213, Glenwood Springs. CO 8160 l. OR.ANTEE, 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 10. Section 26, Township 7 South, Range 88 West of the 6th P.M .. Garfield County.
Colorado
GRANTEE may protect this public road casement from all other users. including the
GRANTOR, through issuance of permits that will control. condition, or prohibit the use of the
pcnnanent casement.
GRANTOR warrants title against all persons claiming under GRANTOR. excepting
taxes and assessments for the years 2013 and thereafter, and easements, reservations.
restrictions. covcnanls, encumbrances and other matters shown on Exhibit B hereto.
11i • n~Atk11.1
Signed this Oi0 day of__ ~2013.
CLIFFORD CERISE RANCH CO., L.L.L.P ..
a Colorado limited liability limited partnership
By: J2,J~ -C -0 ')
Robert S. Cerise. General Partner
Hy: --rrmz:s~ (],~9!-..
Partner
1111 wr.1.1irni1·.~1ait1 llP!i. lr~:~cliilf.~1,1«iwr.~1 1 111 1111 ~1 ~ .. ~~t11 1,:ie 1 l'!'.1• fililtn' 11.1 )'!~ ~.·1ri1'r r,:ir~·'.~.·111','~. 1111 1 Rece lion~: 834949 Recept1on~; 848459
05/0='1201309:18·52 AM Jean Rlberico 0412212014 Oil 35 48 PM Jean Alberico
18 of 60 Rec Fee:s0.0D Doc Fee:0.00 GARFIELD COUNTY CO 2 of 5 Rec Fee $0 00 Doc ~ee 0 00 GRRFIELD COUNTY CO
ST ATE OF Cc IVYcu:io l
) SS.
COUNTY 01: @ia ,. fi e{cj )
The foregoing instrument was acknowledged before me this f! 0 day of ;;Lo J::3
2013. by 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:
r:c:Li JI 1 Jc f7
STATE Of' Co hrn:<.. d.<-~ )
( ) ss.
COUNTY OF ~je<,-t=.·e-id l
JULIE J. PRATTE
NOTARY PUBLIC
STATE OF COLORAOO
NOTARY ID# 19974001570
MY COMMISSION EXPIRES F UARV 11, 2017
N{#t.~{icf ,q , u-4;;,
The foregoing instrument was acknowledged before me this&_ day of d.o 13
2013, by Toni 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:
Feb II i .;;.c17
STATEOF Coioavlc )
) ss.
COUNTY OF Cn cii e id J
JULIE J. PRATTE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID# 19974001670
MY COMUISSION EXPIRES FEBRUARY 11. 2017
The foregoing instrument was acknowledged before me this-:2.~ day or_?-O I .3 .. •
2013. by Michael B. Cerise, a General Partner of Clifford Cerise Ranch Co .. L.L.L.P. a
Colorado limited liability limited partnership.
JULIE J. PRATTE \
NOTARY puallC
·1 STATE OF COLORA~~70
, NOTARY 10I1991!~uARY11. 20'7 ~
)\ ~~\.\h'tSSION EXPIRES F -..... -:-: '
',-_ _.,. ... =•
Witness my hand and official seal.
My commission expires:
Fei.J 11 1 Jo I 7
Notar, ublic
Accepted by resolution as a public and county road right-of-way by the Garfield Board of
County Commissioners this ~I~_ day of Apr\ l .. --· 201¥.
ATTEST:
~Clerk to the Board
-,-.,(11301-18_1
DO
\
\
1111 ~'"-'"!+:'r"~~l~ ~'i.~'111 r, \11'"~JM'~~1~,1 ~~~·,i 1,\\ II Ill
Ree~ptio~tt: 848459
0•1122/2014 04 35·49 PM Jean Alberico
,1 or 5 Re~ Fee $0 DO Doc Fee:O 00 GARFIELD COIJNTY CO EXHIBIT A
,....----------------------ti LTG Policy No. LTAQ63007892 I
Our Order No. AHC6300789Z
LEGAL DESCRIPTION
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
Nl/16 CORNER OF SAID SECTIONS 26 AND SECTION 27 AND THE N-Cl/16 OF SAID
SECTION 26; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOL!,OWS:
BEGINNING 1\T A POINT FROM WHENCE SAID Nl/16 CORNER BEARS N 54°24'43" W, A
DISTANCE OF 4,404.66 FEET: THENCE l.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 TI-IE 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 FH.1 TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
· · i111 w.i.1~1·.i.~1~~ •~,llNI :r«1rrtfl"w.ivir.w 1111 w,ir_,1~~·l·"i.) Mll. IW~ r.,~~~'1t:~' 11·~~1 r.iN,~1 ~ *'·~· 11111
#. 834949 Recept .ion#: 848459
Reception g.18 .52 AM Jean Alberico 24122/2014 04:35:48 PM Jean Alberico ~~/~i'~~1~e~ f"ee:$0 .00 Doc Fee:0.00 GARFIELD COUNTY '-' of 5 Rec Fee;$0.00 Doc Fep 0.00 GARFIELD COUNTY CO
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 l!IS ORE
THEREFROM SHOULD IBE SAME BE FOUND TO PENETRATE OR INTERSECT THE PRE~1lSES
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 STA TES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 08, 1898.
JN BOOK 12 AT PAGE 485.
4. Z/3 INTEREST IN AND TO ALL OIL OR GAS PRODUCED FROM SAID LANDS AS RESERVED
IN INSTRUMENT RECORDED OCTOBER ZS, 1938 IN BOOK 192 AT PAGE 285. AND ANY
AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
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 IO. 1993
IN BOOK 881 AT PAGE 695.
7 • TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF GRAVEL PROPERlY LEASE
RECORDED AUGUST JO, Z009 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, 20ll AT RECEPTION NO. 806658.
GRANT OF UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, THAT for and in consideration of the
sum of Ten Dollars ($10.00) and other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, the undersigned Clifford Cerise Ranch Co.,
L.L.L.P., a Colorado limited liability limited partnership ("Granter") does hereby dedicate
and grant to each of the following-described public utility companies, to wit: Comcast, Excel
Energy, Holy Cross Energy, Source Gas, and CenturyLink Inc., and to their respective
successors and assigns, a perpetual, non-exclusive utility easement upon and beneath the "Utility
Easement" (i) shown and depicted on the Exhibit Map attached hereto as Exhibit A and made a
part hereof by this reference, and (ii) more particularly described on Exhibit B attached hereto
and made a part hereof by this reference, for purposes of ingress and egress for the construction,
installation, enlargement, use, operation, maintenance, repair, removal and replacement of
underground utilities including electricity, gas, telephone, and cable television, together with and
including a reasonable right of access for the accomplishment of such purposes, for the use and
benefit of the above-named utility companies or any of them that may from time to time own,
operate and otherwise deal with utility facilities installed in said easement from time to time.
Executed as of the lk day of April, 2014.
STATE OF Co\arll.do ) rt ) SS.
coUNTY oF C111die1 )
Grantor: Clifford Cerise Ranch Co., L.L.L.P.,
a Colorado limited liability limited
partnership
By: ·~u~ ,C ~'
Roj)ert-~. Cer~e, G!Jneral Partner
By:/l{:rl'U. 5. J)UJ.f
ni S. Cerise, Gen al Partner
~
The foregoing instrument was acknowledged before me this J£,_ day of April, 2014, by
Robert S. Cerise, Toni S. Cerise, and Michael B. Cerise as General Partners of Clifford Cerise
Ranch Co., L.L.L.P., a Colorado limited liability limited partnership.
6813355_2
Witness my hand and official seal.
My commission expires:
. --,~=-1 ,IU!.!E j_ PRATTE
Nf;ft\RY PUBL\C
;;.T/\Ot OF (;OLGRAOO
\ NOT/1.RY ID# 199?40CH570
, ~'I' (:(lMMIS~·lfJN t:Xt'l~l:S f'~:UfhJ,\N'f 1~. 2·1!? J
t l-. -·-------~:;;,;;------
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Exhibit A
EXHIBIT MAP OF:
UTILITY EASEMENT TO BE CREATED
LOT 10, SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN
COUNTY OF GARFIELO, STATE Of COLORADO
N 1\ SECTIONS 26 & 27
FOUND BLM ALUMINUM CAP
RIGHT-OF·WAY
REC. NO.
REC. NO. 816135
UTILITY EASfMENT
6,259 SQ. FT. OR0.143 AC.+/·
/
, , /
,
/ ,~..,f',)
I
SHEET 1 OF 2
POINT OF BEGINNING
/-------------~,
-----_____ ,,.;;., ,
~,
!-------------,'//
}-----------~' , ___ ----·.:r /
!---------~,·'
/--'<.------~,·'
~---'~--/
--, I
, , I
I
I
I
,
,
R~Y
REC. NO. 454977
C.R.103
SCALE 1" = 40'
,~ REC. NO. 348SS5
, , I
' ,
CURVE
co
(10
en
I
I
I
LINE TABLE
LINE BEARING
l16 S34"52'40"W
ll7 N20"32'00"E
LIS N43"39'27"E
CURVE TABLE
LENGTH RADIUS TANGENT DELTA
167.45' 1092.80' 83.89' 8"46'47"
114.93' 402.29' 57.86' 16°22'09"
41.92' 200.00' 21.03' 12"00'29"
SOPRIS ENGINEERING -LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 7M-0311 SOPRISENG@SOPRISENG.COM
LENGTH
123.76'
94.88'
274.78'
BEARING CHORD
s 39"16'03" w 167.29'
s 43"03'44" w 114.54'
N 49•39•41• E 41.84'
•
Exhibit B
EXHIBIT MAP Of:
UTILllY EASEMENT TO BE CREATED
LOT 10, SECTION 26, TOWNSHIP 1 SOUTH, RANGE 88 \.VEST OF THE SIXTH PRINCIPAL MERIDIAN
COUNTY OF GARFIELD. STATE OF COLORADO
SHEET 2 OF 2
1111 Hl~.,~~·1~f4,M~ ~l.~IJ"~·.~~.~·~,,l~ I'.~~ ~'1V11K·1~ 11111
ReceptionH: 848458 .
04/2212014 04:34:13 PM Je~Fn "o'b.·os1cGgRFIELD COUNTY co 3 of ) Rec Fee:$21 00 Doc ee
UTILllY EASEMENT TO BE CREATED
A UTILITY EASEMENT 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 AU BEARINGS CONTAINED HEREIN
BEING RELATIVE TO A BEARING OF S 89'59'06" E BETWEEN THE NR CORNER OF SAID SECTIONS
26 AND SECTION 27 AND THE N-CkOF SAID SECTION 26; SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON AN EXISTING ROADWAY DESCRIBED IN THE DOCUMENT RECORDED
NOVEMBER 10, 1993 AS RECEPTION NO. 4S4977 FROM WHENCE SAID Nk CORNER BEARS
N S4'16'S4" W, A DISTANCE OF 4,476.42 FEET; THENCE LEAVING SAID ROADWAYTHE
FOLLOWING THREE {3) COURSES:
l) 167.45 FEET ALONG THE ARC OF A CURVE TO THE LEFT, RADIUS OF 1,092.80 FEET, CENTRAL
ANGLE OF 8'46'47" (CHORDS 39'16'03" W, 167.29 FEED;
2) S 34'52'40" W, 123.76 FEET;
3) 114.93 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 402.29 FEET, CENTRAL
ANGLE OF 16'22'09" (CHORDS 43'03'44" W, 114.54 FEED TOA POINT ON THE COMMON
BOUNDARY Of SAID WARRANTY DEED AND THE PROPERTY DESCRIBED IN THE DOCUMENT
RECORDED MARCH 19, 2012 AS RECEPTION NO. 816135 OF SAID COUNTY RECORDS; THENCE
ALONG SAID COMMON BOUNDARY N 20°32'00" E, A DISTANCE OF 94.88 FEET; THENCE LEAVING
SAID COMMON BOUNDARY AND ALON THE SOUTHEASTERLY BOUNDARY OF THE
RIGHT-OF-WAY FOR CR103 RECORDED {, H-, 20l".fAS RECEPTION NO.~Of SAID
COUNTY RECORDS THE FOLLOWING TWO 2) COURSES:
1) 41.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT, RADIUS OF 200.0D FEET, CENTRAL
ANGLE OF 12'00'29" {CHORD N 49·39•41" E, A DISTANCE OF 41.84 FEET);
2) N 43'39'27" E, 274.78 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 6,259 SQUARE FEET OR 0.143 ACRES, MORE OR LESS.
SOPRIS ENGINEERING -LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(170) 104·0111 SOPRISENG@lSOPRISENG.COM
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12 of 60 ~ec Fee:$ · cc e · ' 1 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
,I-
WARRANTY DEED
CRYSTAL RANCH CORP., a Colorado corporation, whose address is 13112 State
Highway 82, Carbondale, CO 81623, owner of certain lands in Garfield Count)', State of
Colorado, ORANTOR, 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 GARFIBLD COUNTY BOARD OF COUNTY
COMMISSIONERS, whose legal address is 108 8rn Street, Suite 213, Glenwood Springs, CO
8160 l, GRANTEE, a right of way for county road ptirposes, 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, Rarige 88 West of the 6th P.M., Garfield
County, Colorado
GRANTEE may protect this public road easement from all other users, including the
GRANTQR, through issuance of permits that will control, condition, or prohibit the use of the
permanent easement
GRANTOR warrants title against all persons claiming under ORANTOR, excepting
taxes and assessments for the years 2013 and thereafter, and easements, reservations, restrictions,
covenants, encumbrances and other matters shown on Exhibit B heret\).
SignedthisW dayof ,Aprt' { ,2013.
STATEOF Jklh {L.,/, . .>
) ss:
COUNTY OF &,, :)4< )
The foregoing instrument was acknowle<\ged before me this .dfz_ day of....:(/;i..q.-"'-v,_,, /_, ____ ~
2013, by Barbara Hapgood as President of Crystal Ranch Corp., a Colorado corporation.
Witness my hand and official seal.
My Commission expires: (;J? · I l
\'''""'''' ,, B '11 ,,, •\"u r 1111. ,, ' ... , ~ ... , I ~~ .. 1o;, ~ ~ g A ~Ollll). \ ~
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4:t~ ' ~ .,L 'o·2B·\1 _:...V $ ,,-re '", ....
'11, ,.Coun\'i. ~,,,,
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. ReceptJontl. 834949 n1Jr.1'\11 I l~r .. 1.1111•i•w.T11~ J1N'11 f"'1 ,a.1 •tV1 OS/071201~ 09: 18:52 AM Jean ~lberico Receptlon": 848460
13 of 60 Rec Fee $0.00 Doc Fee 0.00 GARFIELD COUNT 04 ,22120 14 04:35:48 PM Jean Alberico
2 of 5 Rec Fee $0 00 Doc Fee 0 00 Gi:lRFIELD COL 1NTY CO
Accept~. by Reso ution as a public and county road right-of-way by tho Garfield Board of County Commissioners
thi~ay of ·, , 20 l_'f.
ATTEST:
bef v-tJ Clerk to.the Board
2
1111~,1r.,u111,·~~r.uj11111.~·11.i1 1 ~~1~,U~'rl~,~·1~~.'illl.1.'!, 11111
Receptiontt: 845460
EXHIBIT A 04122/2014 04:35:48 PM Jean Alberico
3 of 5 Rec Fee·$0.00 Ooo Fee 0.00 GARFIELD COUNTY CO
LTG Policy No. LTAQ63007566•t
Our Order No. GC63007566' I
LEGAL DESCRIPTION
A ROADWAY WITHIN LOTS 10 ANU 11 OF SllC'J'ION 26, TOWNSHIP 7 SOUfH, RANGE 88 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, ALSO
WITHIN THE PROPERTY DESCRIBED IN THE DOCUMl!NT RECORDED NOVEMBER 2, 2006 AS
RllCEPTION NO. 7103<17 OF THE GARFIELD COUNTY RECORDS WITH ALL BEARJNGS
CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S 89'59'06" E BETWEEN THE Nl/16
CORNER !JF SAID SECI'IONS 26 ANO 27 AND THE N-Cl/16 OF SAID SECTION 26; SAID
PARCEL BEING MORll PARTICULARLY DESCRIBIJD AS FOLLOWS:
BEGINNING AT A POINT ON THE COMMON BOUNDARY OF SAID DOCUMENT ANO 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 DJSTANCI! OF 4,386.66 FEh'T; THENCE LEAVING SAID COMMON BOUNDARY
THI! FOLLOWING SIX (6) COURSES:
I) S 43'03'09" W, 72.85 FEET;
2) 94.97 FEET ALONG THF. 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' 15'39" W, 176.85 FEIJT;
4) 147.95 l'EET ALONG TllE 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 FEET);
5) S 17'16'54" W, 4.99 FEET;
6) S 59'19' II" W, 67.47 FEET TO A POINT ON THF. COMMON BOUNDARY OF SAID PROPERTY
DESCRIBED IN THE UOCUMllNT RECORDED NOVEMBER Z, ZOOS AS RECEPTION NO. 710307 AND
THE NORTHERLY RIGHT-Ol'-WAY OF STATE HIGHWAY NO. 82; THENCE ALONG SAID COMMON
BOUNDARY THE FOLLOWING THHEE (J) COURSES:
1) S/5'40'49" E, 131.97 FEET;
2) N 17'10'41" E. lz0,00 FEET;
3) S 72'49'19" E, 35.93 FEET; TllENCE LEAVING SAID COMMON BOUNDARY N 7D'ff39" E,
A DISTANCE OF 160.27 FEET; TllllNCE 50.95 FEET ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS m· ZOO.DO 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. 710307
ANU THE PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED J)ECEMBER 30, 1983 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
=
EXHIBIT B
1. General taxes. arid assessments for 2013 and subsequent years.
2. RIGHT OF PROPR!llTOR OFA 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 RECOWED MAY 09, 1898, IN BOOK 12 AT
PAGE485.
3. · ··RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUGTED BY-'fHE AUTHORITY··OF-TllE-·
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 FROM EDITH JAMES, :ALSO KNOWN AS EDITH S.
JAMES, FREEMAN S. JAMFS, 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 TIUS 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 INGRESS AND EGRESS TD GO UPON
SAID LANDS AND DRILL, PROSPECT FOR, AND PRODUCE, ANY SUCH OIL, GAS OR.
OTHER MINERALS, SUBJECT TO THE CbNDITIOt-j :rHA'!,THE OWNERS OF SUCH RESERVED
MINERAL ESTATE WILL BE REQUIRED' TO PAYTHE SURFACE OWNER Alt; DAMAGES-··
OCCASIONED BY ANY DRILi.ING, PROSPECTING, OR OTHER PRODUCTION OPERATIONS.
5. RIGHT OF WAY FOR THE NICHOLS DITCH AS SHOWN BY MAP AND STATEMENT FILED FOR
RECORD JUNE!, 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 EVCDENCED BY
OF.CREE 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 PAGR 31.
7. RIGHT OF WAY EASEMENT TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH
COM!' ANY AS GRANTED BY INSTRUMENT RECORDED IN BOOK 454 AT PAGE 198.
8. RIGHT OF WAY EA$EMENTTO HOLY CROSS ELECTRIC ASSOCIATION, INC. AS GRANTED
BY-INS'l'RUMENTREGORDE-0-3-6, 1980 !N -BOQ](, 544-A'.f P.AGE 860 ANIJ.RECQRDED.
AUGUST 28, 1995 IN BOOK 951 AT PAGE 287,
· · 1111 wr.i.1~1·.i.~1~~~Ml!Nl~r«1wr~~~l'lllf~, ~~c~:~~i!:l:~i4~J~~r..1)Ji1Jr.n>1~M'~~11 P.lll ivl. 11111
Rec:e t.ion*'; 834949 0412212014 04 ~5 48 PM Jea.ri Alberico 05/0~201309:18:52 AM Jean Alberico 5 of 5 Rec F!!!e. $0 00 Doc Fee·O 00 GARFIELD COUNTY CO
16 of 60 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY
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 AND RIGHTS OF WAY FOR THE UNINTERRUPTED FLOW OF CRYSTAL SPRINGS
CREEK. . ··
11. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2011·77 RECORDED
DECEMBER 14, 2011 AT RECEPTION NO. 811974.
12. EXISTING LEASES AND TENANCIES, IF ANY.
'
1111 W,IPJ~'~llN'J !VI~ ~1U·~~1l 1H'U,',.,~~1~1.llil'I• ~:1 ~ W.1,1t, 1111 I
Reception~: 648457
04/221201404:34:13 PM Jean Alberjoo
1 of 3 RPC Fee $21 00 Ooc Fee 0 00 GARFJFLD COUt-JTY co
GRANT OF UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, THAT for and in consideration of the
swn of Ten Dollars ($10.00) and other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, the undersigned Crystal Ranch Corp., a
Colorado corporation ("Grantor") does hereby dedicate and grant to each of the following-
described public utility companies, to wit: Comcast, Excel Energy, Holy Cross Energy,
Source Gu, and CenturyLink Inc., and to their respective successors and assigns, a perpetual,
non-exclusive utility easement upon and beneath the ''Utility Easement" (i) shown and depicted
on rhe Exlu"bit Map attached hereto as Exhibit A and made a part hereof by this refereru;e, and
(il) more particularly described on Exhibit B attached hereto and made a part hereof by this
refenmce, for purposes of ingress and egress for the construction, installation, enlarsement, use,
operalion, maintenance:, repair, removal and replacement of underground utilities including
electricity, gas, telephone, and cable television, together with and including a reasonable right of
accesa for the accomplishment of such purposes, for the use and benefit of the above-named
utility companies or any of them that may from time to time oV/11, operate and otherwise deal
with utility facilities installed in said easement from time to time.
Executed as of the LL day of April, 2014.
Gran tor:
STATEOF p.,df:a,k.)
) ss.
COUNTY OF Q,, .. ,,t< )
'
The foregoing instrument was acknowledged before me this J2. day of April, 2014, by
Barbara J. Hapgood as President of Crystal Ranch Corp., a Colorado corporation.
Witness my hand and official seal.
My commission expires: t'{/t'5fZOf1?
611Jm_1
Exhibit A
E:<HIBIT MAP Of:
UTILITY EASEMENT TO BE CREATED
A PORTION Of RECEPTION NO. 816135 /
lOTS 10, SECTION 26, TOWNSHIP 7 SOUTH, MNGE 88 WEST OF THE SIXTH PRINCIPAl MERIDIAN/
COUNTY OF GARFIELD, STA ff OfCOLORAOO ~
SCALE 1": 30' ./
C.D.0.T.
REC.No:'166186
STATE HIGHWAY NO. 82
CURVE
CB
SHEET l Of 2
/
./
REC. NO. 816135
UNE
l19
L20
l21
l22
L24
CURVE TA&U:
LENGTH RAO I US TAMi[NT OHTA
S0.95' 200.00' 25.61' 14°15'43~
SOPRIS ENGINEERING-LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COlORAD081G2l
(9701704·0311 SOPRISENG@SOPRISENG.COM
,/
REC. NO. 348555
UNE TABLE
BEARING LENGTH
s6ro1·oo~w 134.62'
Nt7"10'4t•[ 57.60'
N72"49'19"W 64-.07'
N70"15'39"E 160.27'
S20"32'00"W 94.06'
BEARING CH ORO
N 6Z"57'4r E 50.81'
3 4 14 14 HO 6-CEAtSE ROW.D G
Exhibit B
EXHIBIT MAP OF:
UTILITY EASEMENT TO BE CREATED
A PORTION OF RECEPTION NO. 816135
LOTS 10, SECTION 26, TOWNSHIP 7 SOUTH, flANGE 88 WEST OF THE SIXTH PRINCIPALMERfOIAN
COUNTY OF GARFIELD, STATE OF COLORADO
SHEET2 OF 2
1111w.1~_,n11·'i.\~111.1r.fi~.11:1n:·'il'M'~~.~,1¥11w.•,•I,11111
Reeeplion~: 848457
04/2212014 04.34·.13 PM Je~n Rf,bQQ 1 GgRFIELD COON1Y co
3 of 3 Rec Fee-$21 00 Doc ee
UTILITY EASEMENT TO BE CREATED
A UTILITY EASEMENT 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 DOCUMENT RECORDED MARCH 19, 2012
AS RECEPTION NO. 816135 OF THE GARFIELD COUNTY RECORDS, WITH ALL BEARINGS
CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S 89'59'06" E BETWEEN THEN ;\
CORNER OF SAID SECTIONS 26 AND SECTION 27 AND THE N·C f. OF SAID SECTION 26; SAID
EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINTON THE COMMON BOUNDARY BETWEEN SAID PROPERTY AND
THE PROPERTY DESCRIBED IN THE DOCUMENT RECORDED DECEMBER 30, 1983 AS
RECEPTION NO. 348555 OF SAID COUNTY RECORDS FROM WHENCE SAID N ;\BEARS
N 49'06'13 W, A DISTANCE OF 4,471.27 FEET; THENCE LEAVING SAID COMMON
BOUNDARY S 62'03'00" W, A DISTANCE OF 134.62 FEET TO A POINT ON THE COMMON
BOUNDARY OF SAID PROPERTY PER DOCUMENT RECORDED AS RECEPTION NO. 816135
AND THE PROPERTY DESCRIBED IN THE DOCUMENT RECORDED JANUARY 31, 1975 AS
RECEPTION NO. 266186; THENCE ALONG SAID COMMON BOUNDARY N 17"10'41" E, A
DISTANCE OF 57.60 FEET; THENCE CONTINUING ALONG SAID COMMON BOUNDARY
N 72"49'19" W, A DISTANCE OF 64.07 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY FOR CR103 DESCRIBED IN THAT DOCUMENT RECORDED f\V.,.,\ U...., 2o_t-\
AS RECEPTION NO.fffiS'{, OF SAID COUNTY RECORDS; THENCE ALONG SAID
RIGHT·OF·WAY N 70'15'39" E, A DISTANCE OF 160.27 FEET; THENCE CONTINUING ALONG
SAID RIGHT-OF-WAY 50.95 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 200.00 FEET; A CENTRAL ANGLE OF 14"35'43" (CHORD BEARS N 62'57'47" E, A
DISTANCE OF 50.81 FEET) TO A POINT ON THE COMMON BOUNDARY BETWEEN SAID
PROPERTY DESCRIBED IN THE DOCUMENT RECORDED MARCH 19, 2012 AS RECEPTION NO.
816135 OF SAID COUNTY RECORDS AND THE PROPERTY DESCRIBED IN THE DOCUMENT
RECORDED DECEMBER 30, 1983 AS RECEPTION NO. 348555 OF SAID COUNTY RECORDS;
THENCE ALONG SAID COMMON BOUNDARY S 20°32'00" W, A DISTANCE OF 94.06 FEET TO
THE POINT Of BEGINNING.
SAID EASEMENT CONTAINS 10,737 SQUARE FEET OR 0.246 ACRES, MORE OR LESS.
SOPRIS ENGINEERING· LLC
(!Vil CONSULTANTS
S02 MAIN STR£ ET, 5UITE Al
CARBONDALE, COLORA008162l
{970) 704·0311 SOPRISENG SOPRISENG.CDM 14 11016-CERISEROW.OWG