HomeMy WebLinkAbout5.0 Resolution 2014-19jIIIF.:jlllif'i',44��14Y1,'�R;��+YIIF �IIII
Reception#: 848456
04122/2014 04 33:13 PM Jean Plberico
I of 17 Rec Fee:$0.00 Dac Fee: 0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held at the County Administration Building in Glenwood Springs on the 2151 day of
April, 2014, there were present:
John Martin
Commissioner Chairman
Mike Samson
Commissioner
Tom Jankovsky
Commissioner
Andrew Gorge_
County Manager
Frank Hutfless
County Attorney
Kelly Cave
County Attorney
Jean Alberico
Clerk to the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 14- 19
RESOLUTION ACCEPTING A PARCEL OF LAND FOR PUBLIC ROAD PURPOSES
FOR T14E REALIGNMENT OF COUNTY ROAD 103
A. The Board of County Commissioners of Garfield County, State of Colorado (`BOCC") is a
legal and political subdivision of the State of Colorado for which the BOCC is authorized to
act; and
B. Crystal Ranch Corp. is the owner of a parcel of land situated in the El/2SE1/4 of Section 23,
NE1/4NE1/4 and Lots 1 through 13 inclusive, of Section 26, and Lots 1, 6, 7, 8 and 9 of
Section 27, Township 7 South, Range 88 West of the 6a' P.M. Garfield County, Colorado
(also known as Assessor's Parcel No. 239323400131), and Clifford Cerise Ranch Co.,
L.L.L.P. is the owner of a parcel of land situated in Lots 4 and 12 in the SWIM of Section
25, and Lots 8, 9, and 10 SEI/4 Section 26, Township 7 South; Range 88 West of the 6°t
P.M. Garfield County, Colorado (also known as Assessor's Parcel No. 239325300158)
(collectively, the "Owners"); and
C. The above referenced parcels are encumbered by existing County Road 103; and
D. Pursuant to an approval for an amendment to a Special Use Permit for the Powers Pit
Concrete Batch Plant, the BOCC had required Crystal Ranch Corp. to construct certain
improvements to County Road 103 and State Highway 82, to improve the public health,
safety and welfare. Such improvements required a realignment of County Road 103 (the
"County Road 103 Improvements"); and
E. The improvements agreement was memorialized in that certain Road Construction
Agreement for Construction of Improvements to County Road 103, recorded in the records of
the Garfield County Clerk and Recorder as Reception No. 834949 (the "Agreement"); and
(1J
`1
1111 FIAT �IIII
Reception4; 848456
04/2212014 04 33 13 PM Jean Rlbe,ioo
2 of 17 Rec Fee $0 00 Doc Fee: 0.00 GRRFIEL.O COUNTY CO
F. The improvements have been completed and the Owners have requested the BOCC accept
such improvements as a right of way for county purposes, to be included as part of County
Road 103; and
G. Garfield County Road & Bridge and the Colorado Department of Transportation have
inspected the improvements and found those improvements constructed in accordance with
the Agreement; and
H. Owners have offered to dedicate real property for county road purposes, and rededicate
portions of the County Road 103 Right-of-way as depicted in Exhibit Al and A2 attached
hereto, and as further described in the deeds attached hereto as Exhibits B and C (the
"Deeds"); and
I. The BOCC is entitled to accept roads over private lands which are properly dedicated to the
public for use by the public and on behalf of the public pursuant to the provisions of Section
43-2-201(1)(a), C.R.S., as amended.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, State of Colorado, as follows:
1. The BOCC hereby accepts for County road purposes the right of way described in
the Deeds. The acceptance by this Resolution is limited to the descriptions contained in the
Deeds.
2. The BOCC hereby accepts the Deeds attached as Exhibits B and C and
authorizes the Chair to sign the Deeds on behalf of the Board.
tel;
DATED this c
ZI day of AP et _, 20 l� .
S�VBOARD OFC Y COMMISSIONERS OF
ATTEST: _��VL CCn. RFIELD OUNT , STATE OF COLORADO
TJJR.�a�i/�1L•. 717 P 1 MIKE
Upon motion duly made ai}'ed the foregoiResolutio was adopted by the
vote:
Commissioners
2
1IIIY!F11F4A,114 rfi �IIII
Reception#: 848456
04172/2014 04 33.13 PM Jean Alberico
3 of 17 Rec Fee $0.00 Doc Fee 0 00 GRRFIELD COUNTY CO
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
I, Jean Alberico, County Clerk and ex -officio Clerk of the Board of County
Commissioners in and for the County and State aforesaid do hereby certify that the annexed and
foregoing Resolution is truly copied from the Records of the Proceedings of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this _ day of A.D. 20_.
County Clerk and ex -officio Clerk of
the Board of County Commissioners
EXHIBIT MAP OF.
COUNTY ROAD 103 ROADWAY TO BE CREATED
A PORTION OF RECEPTION NO. 348555
LOT 10, SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIgAN
COUNTY OF GARFIELD, STATE OF COLORADO
SHEET !OF2 CTION 26
N III, SECTIONS 26 & 27
FOUND FILM ALUMINUM CAP
_ 5 89'59'06'
BASIS OF BEARING V
REC. N0.816135 /
SCALE 1" =:/40'
N 1/16, SE
FOUND BLM ALUMINUM CAP
PEC. NO. 348555
/51
POINT OF BEGINNING
REC. NO. 454977
C.R. 103
RIGHT-OF-WAYTO BE CREATED
17,305 S0, FT OR 0.397 At E/-
REC. N0. 348555
LINE TABLE
LINE
BEARIN'W G
LENGTH
L3
S43'O3'09
159.o2'
L4
520.32'00'W
169A6'
L5
443'39'27"E
274.79
L6
N46'20'33"W
72.47'
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORAD081623
0
CURVE TABLE
CURVE
LENGTH
RADIUS
TANGENT
DELTA
BEARING
CHORD
C4
41.92
200.00'
1 21.03' 1
12'00'29" 1
N 49'3941" E
41.84'
CS
1.91'
952.00
0.95'
0'06'53"
5 43'06'36"W
1.91'
C12
40.80'
1122.80'
20.40'
2'04'55"
5 44'41'54"W
40.79'
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORAD081623
0
EXHIBIT WPM:
COUNTY ROAD 103 ROADWAY TO BE CREATED
A PORTION OF RECEPTION NO. MEESE
LOT 10, SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN
COUNTY OF GARFIELD, STATE OF COLORADO
SHEET 2 OF
1111 N!F112 kiffivIlAII I u FI iA I41NIT MILL YlA4
Reception#: 848456
04/22/2014 04:33:13 PM Jean AlbeNco
5 of 17 RPc Fee $0 00 Doc Fe 0.00 GARFIELD COUNTY CO
RIGHT-OF-WAY TO BE CREATED
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 NA CORNER OF SAID SECTIONS 26 AND SECTION
27 AND THE N -Cy OF SAID SECTION 26; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT FROM WHENCE SAID NJ CORNER BEARS N 54°24'43" WA DISTANCE OF
4,404.66 FEET; THENCE 1.91 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A952.00
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 IN THE DOCUMENT RECORDED MARCH 19,
2012 AS RECEPTION NO. 816135 OF SAID COUNTY RECORDS; THENCE ALONG SAID COMMON
BOUNDARY S 20'32'00" W, A DISTANCE OF 169.D6 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.
SAID RIGHT-OF-WAY CONTAINS 17,305 SQUARE FEET OR 0.397 ACRES, MORE OR LESS.
SOPRIS ENGINEERING - LLC
CIVILCONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
'0) 7D4-0311 SOPRISENG@SOPRISENG.COM
EXHIBIT MAP OF:
COUNTY ROAD 103 ROADWAY TO BE CREATED
A PORTION OF RECEPTION NO. 916135
LOTS 30 & 11, SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN
COUNTY OF GARFIELD, STATE OF COLORADO
N 1} SECTIONS 2681 SHEET l OF 2
FOUND BLM ALUMINUM CAP
_ OF 5 89.59'06` E N -C 1116, SECTION 26
TASIS BEARING / `— FOUND ELM ALUMINUM CAP
\
\
POINT OF BEGINNING \
\
CURVE TABLE \
CURVE
LINE TABLE
RADIUS
LINE
BEARING
LENGTH
L7
543'03'09"W
72.85'
L8
S70.1519"W
176.85'
L9
$17.16'54"W
4.99'
L10
S59'19131"W
67.47'
L31
575'40'49"E
131.97'
L12
N17'lO'41"E
120.W
L13
$72'49'19"E
35.93'
50.81'
N70'15'39`E
160.27'
tN20'32'00"E
169.06'
POINT OF BEGINNING \
\
CURVE TABLE \
CURVE
LENGTH
RADIUS
TANGENT
DELTA
BEARING
CHORD
C6
94.97
200.00'
1 48.40'
27'12'29"
556'39'24"W
94.08'
C7
147.95'
160.00'
79.74'
52'58'45"
S 43.46'16"W
142.73'
C8
50.95'
200.00'
25.61'
14'35'43"
N 62'57'47"E
50.81'
RIGHT-OF-WAYTO BE CREATED
35.846 SOL FT. OR 0.822 AC. */-�
REC. NO. 816135
SCALE 1" = 60'
c�
i
REC. NO. 816135 / REC. NO. M555
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
EXHIBIT MAP OF:
COUNTY ROAD 103 ROADWAY TO BE CREATED
A PORTION OF RECEPTION NO. 816135
LOTS 10 & 14 SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN
COUNTY OF GARFIELD, STATE OF COLORADO
SHEET 2OF2
VIII N(�I�R'l�M�jI�RIGhUII�iTl��hi�Gir'�wVEE����iJ�YII�II �I III
Reception#: 848456
04/22/2014 04:33:13 PM Jean Rlberieo
i of 17 Rec Fee$0.00 Doc Fee:0. 00 GARFIELD COUNTY CO
RIGHT-OF-WAY TO BE CREATED
A ROADWAY WITHIN LOTS 30 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 MARCH 19, 2012 AS RECEPTION NO.
816135 OF THE GARFIELD COUNTY RECORDS WITH ALL BEARINGS CONTAINED HEREIN BEING
RELATIVE TO A BEARING OF 5 89°59'06" E BETWEEN THEN 1} CORNER OF SAID SECTIONS 26 AND
27 AND THE NCA 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 N� 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) 5 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°12'29" (CHORD S 56.39'24" W, 94.08 FEET);
3) 5 70°15'39" 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 S 43°46'16" W, 142.73 FEET);
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 OF SAID PROPERTY
DESCRIBED IN THE DOCUMENT RECORDED MARCH 19, 2012 AS RECEPTION NO. 816135 AND THE
NORTHERLY RIGHT -OF -WAV 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, 120.00 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 CENTRALANGLE 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 MARCH 19, 2012 AS RECEPTION NO. 816135 AND THE PROPERTY
DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 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.
SAID RIGHT-OF-WAY CONTAINS 35,846 SQUARE FEET OR 0.822 ACRES, MORE OR LESS.
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311 SOPRISENG@SOPRISENG.CO
�JIIIftr+tWMt'i�liP�i4Eh l�M,lmill K�1�;,+�I�Whlh:l+tl,ttG,rk�uil�,�tP�d114�Yi rtl )l 11111
Roc* tion 834949 Reception#: 848456 EXHIBIT
02 of T60 Bec9Fee.80.00 DocaF e!. Paor2. 2I'R4 Of e3& tP PM Jean Aloe,ico
c $0 0�.� Doc Fee.0 OJ GARFIFI.D COiINTY CO
WARRAN'T'Y 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 aclmowledged, 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,
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
STATE OF �
, 2013.
CRYSTAL RANCH CORP., a Colorado
corporation
r
By: J1
`" .rowan.:-"Barbari'Hapgood
Its: President
) ss:
COUNTY OF,l,.
l
The foregoing instrument was acknowledged before me this day of /-Lr,
2013, by Barbara Hapgood as President of Crystal Ranch Corp., a Colorado corporation.
Witness my hand and official seal.
My Commission expires: //k /7
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Reception#: 834949
05/07/2013 09:18.52 RM Jean Rlberico Reception#: 1411456
13 of 60 Rec Fee:$0.00 Doc Fee:0, 00 GARFIELD COUNTY Dn x222014 04.33 13 CM Jean 9lberlc
9 of 17 Rec Fee $0 00 Doc Fee -0 00 GARFIELD COUNTY CO
Accepted by Resolution as a public and county road right-of-way by the Oarfleld Board of County Commissioners
this_ day of 201_.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF GAMELD COUNTY, COLORADO
By:
Clerk to the Board Chairman
Our Order No. GC63007566"7
1111 W1MifVAI-ANhi�IFi14hIFli t'�6�i I��iri�r} 11 III
Reception#: 848456
04/22/2014 04.33.13 PM Jean Alherlco
EXHIBIT A 1C of 17 Rec Fee $D 00 Doc Fee.0 00 GARFIELD COUNTY CO
LEGAL DESCRIPTION
LTG Policy No, L
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. 710307 OF THE GARFIELD COUNTY RECORDS WITH ALL BEARINGS
CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S 89°59'06" E BETWEEN THE NI/16
CORNER OF SAID SECTIONS 26 AND 27 AND THE N -C1/16 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 N1/16 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 27012'29" (CHORD S 56°39'24" W. 94.08 FEET);
3) S 70°15'39" 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 FEET);
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 OF 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) S75040'49" E, 131.97 FEET;
2) N 17°10'41" E, 120.00 FEET;
3) S 72°49'19" E. 35.93 FEET; THENCE LEAVING SAID COMMON BOUNDARY N 70915'39" 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, 710307
AND THE PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 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
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Reception#: 848456
Recept len#: 834949 04/22/2014 04.33:13 FM Jean Alberlcc
0510712013 09:18:52 RX Jean R3ba0iso
15 of 80 Ree Fee: f0.00 Doc Fee:0.ri GFRFIELD COUNTY CO 11 of I, Rec Fee $0.00 Doc Fee0. 00 GARFIELD COUNTY CO
EXHIBIT B
1. General taxes and 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 PREMISES
AS RESERVED IN UNITED STATES PATENT RECOi DED MAY 09, 1898, IN BOOK 12 AT
PAGE 485.
-RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUGTED BY -THE AUTHORITY-OF-THE
UNITEDSTATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 09,1898,
IN BOOK 12 AT PAGE 485.
4, 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 1121NTEREST 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 RRQUR2ED' TO PAY THE SURFACE OWNER ALL- DAIt%GES—
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.
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 Z4,1958 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.
RIGHT OF WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIATION, INC. AS GRANTED
BY INSTRUMENT REGORDED-8-6-3980IN-BOOK 544 -AT PAGE,860-AND RECORDED.
AUGUST 28, 1995 IN BOOK 951 AT PAGE 287.
■III I&IONNIffinI� MalC1MMIwTH
ReceptionN: 834949
0510712013 09:1852 RM Jean Rlberico
16 of 60 Rao Fee:$0.06 Doo Fee:0.00 GRRFIELD COUNTY CO
frill �!r1tl�!�K+I�����i��Nli�'h�f��;K�M+h1�liLhr'�4V i,tiYl,�h �I III
Reception#. 848456
04722/2014 04 33.13 PM Jean Rlberico
12 of 17 Rec Fee $o 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 01, 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.
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=EXHIBIT051011201309:1852RMJean Piher ReceplionN: 84845617 of 20 Rec Fee:$0.00 Doo Fee:0.6 Q4:;,12014 n4 33 13 FM Jean Plbe,ico
13 of 17 Rec Fee $0 00 Doc Fee 0 00 GARFIELD COONTY CO
WARRAN'T'Y DEED
CLIFFORD CERISE RANC14 CO., L.L.L.P., a Colorado limited liability limited
partnership, whose address is 0086 County Road 104, Carbondale, CO 81623, owner of certain
lairds 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 10, 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 o?6f2day of ' t4mi42013.
CLIFFORD CERISE, RANCH CO.. L.L.L.P..
a Coloradolimitedliability limited partnership
By:_.t�o� - L
Robert S. Cerise, General Partner
By:. iusu. S C?i4.11.1
Toni S.Leri i -e. Gene r l Partner
By:
ichael B. 'erise, General Partner
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Reception#: B34949 Reception#: 848456
05/07/2013 09:19:52 RM Jean Rlberico 04/22/2014 04 33:13 PM Jean Alberico
19 01 60 Rao Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY 14 of 17 Rec Fee.$0.00 Doc Fee: 0.00 GARFIELD COUNTY CO
STATE OF )
) ss.
COUNTY OF t -i -a r )
The foregoing instrument was acknowledged before me tl» s a/o day of -:�O 1-3
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:
(flo 11, ol0 l7
STATE OF CO lw a -c( -b )
)Ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of aO ( 3
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 olftial seal
My commission expires:
Feb. //) ,*0/7
STATE OF CojvraAo )
)sq.
COUNTY OF pfd)
JULIE J. PRATTE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID # 19974001670
MY COMMISSION EXPIRES FEBRUARY 11. 2017
NotarVPublic
The foregoing instrument was acknowledged before me this a6 day of ),A /
2013, by Michael B. Cerise, a General Partner of Clifford Cerise Ranch Co., L.L.L.P, a
Colorado limited liability limited partnership. t
Witness my hand and official seal.
_—
My commission expires: ):
Feb. rlla0i7 nujZe, '�A
Notar ublic
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05107/2013 09:19.52 RR Jean Rlberico
19 of 60 Reo Fee: $0.00 Doc Fee.0.00 GRRFIELD COUM 1� W17 Rec Fa; $6 On Doc Fee 0.00 GRRF IELD CDUf1TY CO
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 to the Board
613014x_1
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By:
Chairman
jui pjNggAnx� NJ
ReceplionU: 848456
EXHIBIT A 016 of 171 ReoaFFee $0 00 Doc 33 13 PM eFee 10 OOber cGRRF IFLO COMITY CO
LTG Policy No. LTAQ63007892
Our Order No. ABC63007892
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
N1/I6 CORNER OF SAID SECTIONS 26 AND SECTION 27 AND THE N-0/16 OF SAID
SECTION 26; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT FROM WHENCE SAID NI/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 00006'53" (CHORD S
43°06'36" W, 1.91 PEET); 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
CURVENO 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 43-3917"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 46020'33"W, A DISTANCE OF
12.47 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
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05(07/2013 09:10:52 RM Jean Plberico 04/22/2014 04 3313 PM Jean Rlber ico
21 of 60 Ree Fee:$0.00 Doe Fee:0.00 GARFIELD COUNTY C( 17 of 1- Rao Fee $0. 00 Doc Fee.O 00 GPRFIE D COUFJTY 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 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.
3 • 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,
4. 2/3 INTEREST IN AND TO ALL OIL OR GAS PRODUCED FROM SAID LANDS AS RESERVED
IN INSTRUMENT RECORDED OCTOBER 25, 1938IN 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 10, 1993
IN BOOK 881 AT PAGE 695.
7 • TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF GRAVEL PROPERTY LEASE
RECORDED AUGUST 10, 2009 AT RECEPTION NO. 773602.
8 • TERMS, CONDITIONS AND PROVISIONS OF LICENSE AGREEMENT RECORDED SEPTEMBER
10, 2008 AT RECEPTION NO. 755465.
9. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2011-44 RECORDED AUGUST
16, 2011 AT RECEPTION N0. 806658.