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HomeMy WebLinkAbout5.0 BOCC Staff Report 02.11.2008Exhibits (2/11/08) (Battlement Mesa Rezone) Exhibit Letter (A to Z) Exhibits A Proof of Mail Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended D Comprehensive Plan of 2000 E Staff Report F Response from Road and Bridge Department, 10/31/07 G Response from Consolidated Metropolitan District, 11/5/07 H Application I Letter from Dean Gordon, P.E. of Schmueser, Gordon, Meyer dated 11-13-2007 J Battlement Mesa Core Area Master Plan dated 6-2007 K Denver Post Article dated 11-13-2007 L Letter from William L. Lorah, P.E. of Wright Water Engineers, Inc. dated 11-14- 2007 M Letter from Dean Gordon, P.E. of Schmueser, Gordon, Meyer dated 11-14-2007 N Letter of Technical Compliance dated 9-24-2007 0 Letter from Chris Coyle of The Battlement Mesa Company dated 12-4-2007 P Updated charts determining the total Acreage and potential Dwelling Units dated 12-5-2007 Q Updated PUD Zoning Map illustrating Proposed Zone Districts for Battlement Mesa PUD — dated Received 12-6-2007 R Updated PUD Zoning Map illustrating Existing Zone Districts for Battlement Mesa PUD — dated Received 12-6-2007 S Letter from Mary M Slattery, dated January 28, 2008 T Letter from Roy McClung, Mayor of the Town of Parachute dated January 24-2008 U Updated Agreement to Pay Forms, Statements of Authority, and Bargain and Sale Deeds for the new owners of property within the rezone area, dated received January 11-2008 V Email and Photo regarding the bridge crossing the Colorado River connecting Battlement Mesa PUD to the Town of Parachute, dated February 5, 2008 W Meeting Minutes from January 17, 2008 regarding "project update and funding options" for the Battlement Mesa Parkway/I-70 Interchange Signal Design by Felsburg, Holt and Ullevig R Resolution of the Garfield County Board of County Commissioners dated August 14, 1975 -13,Z ,A° of P('1 leer( (3- d) 2 - #- Zooms PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT/PROPERTY OWNER: REPRESENTATIVE: LOCATION: SITE INFORMATION: ACCESS: EXISTING ZONING: PROPOSED ZONING: ADJACENT ZONING: BOCC 2/11/2008 DP Rezone from Public, Semi -Public and Recreational (PSR), Business Center (BC), Open Space (OS), and Central Area Residential (CAR) to Medium Density Residential (MDR) and Low Density Residential (LDR) Battlement Mesa Parcel 5 LLC Battlement Mesa Office 1 LLC Burning Rock B2L2 LLC Battlement Mesa Land Invest. Parcel 1-A LLC Battlement Mesa Land Invest. Parcel 5-1, TRK3 and 4 LLC Battlement Mesa Land Invest. Parcel 5-2, TRK 5 LLC Battlement Mesa Land Invest. Parcel 5-2, TRK 6 LLC Battlement Mesa Land Invest. Parcel 1 LLC Battlement Mesa Land Invest. Parcel 2 LLC Battlement Mesa Land Invest. Parcel 3 LLC Battlement Mesa Land Invest. Parcel 6 LLC Battlement Mesa Land Invest. Parcel 7 LLC Battlement Mesa Land Invest. Parcel OHS LLC Grand Valley Fire Protection District Chris Coyle of Balcomb and Green Battlement Mesa PUD, east of the Town of Parachute and the Colorado River A total zone change of 423 acres Battlement Parkway and North Battlement Parkway Public, Semi -Public and Recreational (PSR), Business Center (BC), Open Space (OS), and Central Area Residential (CAR) Medium Density Residential (MDR) and Low Density Residential (LDR) Agricultural Residential Rural Density (ARRD) OS (Open Space) 1 I. THE REQUEST Battlement Mesa Partners, requests to rezone a total of 423 acres in the Battlement Mesa Planned Unit Development (PUD), which is a total of approximately 13.2% of the PUD. Battlement Mesa is located east of the Town of Parachute, Interstate — 70, and the Colorado River. It is proposed to reduce the acreage of Public, Semi -Public & Recreational (PSR), Business Center (BC), and Central Area Residential (CAR) and increase the acreage of Open Space (OS), Low Density Residential (LDR) and Medium Density Residential (MDR). rir- ement Wr— Wpm �rto�� mm 1) Zoning Map of Battlement Mesa PUD 2 The application breaks down the areas to be effected by the zone change into Area 1, Area 2, and Stone Quarry as shown in the following illustration: 2) Affected Areas of Battlement Mesa PUD II. LAND USE BACKGROUND Battlement Mesa PUD was created as a planned community that would house the employees attracted to the area to work for the oil industry, more specifically, Exxon. Under the original zoning, the "central core" area was intended for high density residential and commercial development, as well as schools and other public uses. The commercial area is centrally located to the development and was originally planned to provide retail, service, and professional office space to a community of 23,000 residents. However, the demand for these uses was dramatically reduced when Exxon closed their facilities on May 2, 1982, which was immediately after the Resolution for the PUD was approved in the same year. Portions of the PUD have been subdivided over the past 25 years but a large portion of the property remains un -subdivided. The existing subdivisions within the PUD are Saddleback Village, Monument Creek Village, Willow Creek Village, Battlement Creek Village, and more recently, Valley View Village, and The Fairways. The Planning Commission heard this application on December 12, 2007. At this meeting the Planning Commission recommended that the Board of County Commissioners approve the requested rezone by a vote of 4-0. 3 III. PROPERTY DESCRIPTION The PUD was designed for a mix of uses as shown in the table below. To the east of the PUD is the Town of Parachute, I-70, and the Colorado River. The surrounding County zoning is predominantly Agricultural/Residential/Rural Density (ARRD). To the northwest of the property and adjacent to the PUD is Morisania Ranch subdivision. The areas within the PUD that are proposed for rezoning are located with in the "central core," which is bounded by North Battlement Parkway, East Battlement Parkway, County Road 302 to the south, and the golf course to the west. At the Planning Commission meeting held on November 14, 2007, the following tables were presented to summarize the PUD's existing zone districts and proposed zone districts along with the corresponding acreage. In addition, the last two tables summarize the total potential dwelling units based on existing and proposed zoning change: 3) Summary of the PUD Zone Districts with Corresponding Acreage 4 SUMMARY OF EXISTING ZONE DISTRICTS ZONE DISTRICT ARES RURAL DENSI7YRESIDEN7Z4L (RDR) 4017 LOW DENSITY RESIDENTIAL (LDR) 576.2 MEDIUM DENSITY RESIDENTIAL (MDR) 1422 CENTRAL AREA RESIDENTIAL (CAR) 163.3 MOBILE HOMERESIDEN7Z4L (MHR) 266.8 NEIGHBORHOOD COMMERCIAL (NC) 21.1 OFPICF PARK (OP) 0 BUSINESS CENTER (BC) 253.8 7HOROUGHFARER.O.W. (ROW) ' 128t/ - PUBLIC SEMI-PUBLIC & RECREATIONAL (PSR) 411.6 COMMUNITYOPEN SPACE (OS) 789.7 3) Summary of the PUD Zone Districts with Corresponding Acreage 4 4) Summary of the PUD Proposed Zone Change Corresponding with Acreage TOTALS MDR OS EXISTING ZONING PROPOSED ZONING 1 inch - 1000 ft. 9696 ACRES 60.2 ACRES 132.8 ACRES 10.9 ACRES SUMMARY OF PROPOSED ZONE DISTRICTS ZONE DISTRICT ACRES RURAL DENSPYRESIDENTIAL (RDR) 4037 LOWDENSI7YRESIDENTIAL (LDR) 677.6 MEDIUM DENSII'YRESIDENTIAL (MDR) 2825 CENTRAL AREA RESIDENTIAL (CAR) 59.3 MOBILE HOME RESIDENTIAL (MHR) 266.8 NEIGHBORHOOD COMMERa4L (NC) 21.1 OFFICE (OP) 0 BUSINESS CENTER (BC) 123.2 THOROUGHFARER.O.W. (ROW) 128+/ - PUBLIC, SEMI-PUBLIC & RECREATIONAL (PSR) 228.1 COMMUNITY OPEN SPACE (OS) 866.1 106 ACRES 938 ACRES 4) Summary of the PUD Proposed Zone Change Corresponding with Acreage TOTALS MDR OS EXISTING ZONING PROPOSED ZONING 117.4 ACRES 19.5 ACRES 9696 ACRES 60.2 ACRES 132.8 ACRES 10.9 ACRES 29.9 ACRES 178.6 ACRES 27.1 ACRES 137.4 ACRES 106 ACRES 938 ACRES NET CFW/CE -98.1 ACRES -36.6 ACRES -117.9 ACRES 148.7 ACRES 110.3 ACRES -122 ACRES 5) Net Changes of Acreage in Areas 1, 2, and Stone Quarry TOTALS UMTS MDR LOR EXISTING UNITS PROPOSED UNITS 2656 UNITS 418 UNITS 359 UN7S 2143 UNITS 136 UNITS 687 UNITS NET CHANGE -2238 UNITS 1764 UNITS 551 UN/T5 6) Potential Dwelling Units Based on Current and Proposed Zoning in Area 1,2, and Stone Quarry. In addition, at the November 14 Planning Commission meeting, the Staff Report stated the following: Concerning potential dwelling units (DUs), according to Tables Number 5 and 6, if the CAR zone district was to be reduced by 111.9 acres, that would reduce the number of potential DUs by 2,238, thus leaving a potential for 418 DUs. If MDR was to increase by 148.7 acres, that would increase the number of potential DUs by 1,784 DUs, totaling 2,143 potential DUs. Lastly, if LDR was to increase by 110.3 acres that would add a potential for 551 DUs totaling 687 DUs in the LDR 5 zone district. This results in a net change of a total of 97 additional, potential DUs (1,784 MDR + 551 LDR - 2,238 CAR = 97). Since the November 14 Planning Commission meeting, the Applicant has put together the following corrected and clarifying tables calculating the acreages and projected DUs to be created by the proposed zone district amendment: ZONING PSR BC CAR MDR LDR 05 AREA. fl & PARCEL /3-10 EXISTING ZONING PROPOSED zawNC 9834 ACRES 0 0 0 87.25 ACRES 20.9 ACRES 0 11.82 ACRES 0 675 ACRES 97.2 ACRES 84,23 AURES 4.974 /2 EXISTING ZONING PROPOSED ZONING 38/7 ACRES 0 14.71 ACRES 0 45.84 ACRES 0 0 54.9 ACRES 0 425 ACRES 8.77 ACRES 9.9 40765 010 1/1011 SCHOOL PARCEL EXI5TIN6 ZONING PROPOSED 209106 40.25 ACRES 0 0 40.25 ACRES BLOCK 4, TOWN CENTER FILING 5 EXISTING ZONING PROPOSED ZONING Z88 ACRES ,F08 ACRES 0 5.8 ACRES BOCK 3, TOWN CENTER FILING 5 EXISTING ZONING PROPOSED ZONING 115 ACRES 0 0 3. 15 ACRES PARCEL c MONUMENT CREEK NILADE EXISTING ZONING PROPOSED ZONING 9.1 ACRES 0 0 9.1 ACRES S/O.NE QUARRY COMMONS EXISTING ZONING PROPOSED ZONU/G 8,88 ACRES 0 25.68 ACRES 36.10 ACRES 2877 ACRES 2723 ACRES 107 4, 82/991NG' ROCK SUBDIVISION EXISTING ZONING PROPOSED ZONW6 8.33 ACRES 0 0 833 ACRES TOTALS PSR BC C4R MDR LDR 05 EXIST/NG ZONING PROPOSED ZONING 9834 ACRES 0 34.07 ACRES 2.08 ACRES' 133.09 AURES 20.9 ACRES 25.68 ACRES 169.45 ACRES 2877 ACRES 13723 ACRES 105.97 ACRES 94.13 ACRES NE7 CHANGE -96.34 ACRES -31,99 ACRES -11219 ACRES /4377 ACRES 108.46 ACRES -1184 ACRES TOTALS UNITS PSR BC C4R MDR LDR OS EXIST/,NG MRS PROPOSED UN,'77 2662 UNITS 418 1111115 308 UNITS 2033 UNITS 144 UNITS 686 111875 NET CHANCE -2244 UMTS 1725 UNITS 542 UNITS Based on the updated charts, above, the potential dwelling uni s (DUs) if the CAR zone district was to be reduced by 112.19 acres, that would reduce the number of potential DUs by 2,244, thus leaving a potential for 418 DUs. If MDR was to increase by 143.77 acres, that would increase the number of potential DUs by 1,725 DUs, totaling 2,033 potential DUs. Lastly, if LDR was to increase by 108.46 acres that would add a potential for 144 DUs totaling 686 DUs in the LDR zone district. This results in a net change of a total of 23 additional, potential DUs (1,725 MDR + 542 LDR - 2244 CAR = 23). As a result of this correction, the total additional dwelling units on the affected 423 acres is reduced from 97 additional DUs to 23 additional DUs. 6 ) \ ) 7 \[ ;!1 § )j})))() ). -\ )[ [ ([ [( , ` ` 13 ( 13 db $ $ . 6 , 5 § 8 . BATTLEMENT MESA P. U.D. 02 8 IV. REFERRAL COMMENTS The following comments and concerns were submitted by Garfield County's Road and Bridge Department (See Exhibit F): Garfield County Road & Bridge Department has many concerns that would happen with the increased density ofresidential units. The increased traffic volume would mandate many updates to the road system at Battlement Mesa. The increase in tragic volume should be projected out for the future with road improvements designed to handle the projected tragic volumes. All road improvements would be at the developer 's expense and approved by the Garfield County engineer. The maintenance of all new roads would not become the responsibility of Garfield County and would not become a part of our road system. Garfield County Road & Bridge Department would like to see some of these concerns addressed prior to our approving the application for the zoning change for more residential units. We do not disagree that more residential units are consistent with the surrounding area and necessary for the influx of new people into this area needing housing. (Emailed response, 10/31/07) Additional concerns were provided by the Consolidated Metro District (See Exhibit G) which states the following: The Consolidated Metropolitan District has reviewed and considered the materials you sent regarding the requested rezone of the Battlement Mesa PUD. We are concerned that reduction in PSR and BC zoning and the increase in MDR and LDR zoning allows too much residential density. The requested rezone of major parts of Battlement Mesa will, in the long terry impair our ability to be a balanced and well planned community. We are also concerned about the need to resolve basic road and traffic issues as part of the planning for Battlement Mesa. All of the area requested for rezone is outside our district boundary. We have requested Battlement Mesa Partners include the property into the District. Thus far, they have refused. This complicates our planning and makes it more difficult to keep track of District boundaries. We request that any approvals of rezoning be conditional with a requirement of inclusion into the Consolidated Metropolitan District. We do not have the ability at this point to provide water service to two Targe parcels (5-2 Stone Quarry Commons and the old High School Parcels), To serve these parcels would require the building of a new water tank higher up on the Mesa. We do not have the money to build the required tank at this time. Letter from Consolidated Metropolitan District, 11/5/07 9 V. STAFF COMMENTS The Colorado Revised Statutes establish the standards of review for rezoning land in the county. The standards depend on whether the proposed rezoning is in compliance with the Comprehensive Plan (the Plan). If so, the proposed rezoning need only bear a reasonable relationship to the general welfare of the community. If the rezoning is in conflict with the Plan, the Applicant needs to show either 1) that an error was made in establishing the current zoning, or 2) that there has been a change in the conditions of the neighborhood that supports the requested zone change. At present, the subject property is designated "Subdivision" in the Plan. Staff offers the following thoughts in addition to the previously provided information: a. Consistency with the Comprehensive Plan The PUD is identified in the Comprehensive Plan of 2000 as "subdivision." It appears that one of the main purposes of the PUD was for subdivision into residential and commercial lots. The following goals apply to the requested rezone: Goal: To provide all types of housing that ensures current and future residents equitable housing opportunities which are designed to provide safe, efficient residential structures that are compatible with and that protect the natural environment. Goal: Designate and encourage growth favorable zones adjacent to community limits. For these reasons, the proposed rezone to increase the residentially zoned acreage is consistent with the Comprehensive Plan. b. Error in Zoning The PUD was approved through a formal public hearing process and was approved by the Board of County Commissioners through Resolution. Staff believes the present zoning of the subject parcels was not done in error. The Applicant does not assert there was an error in the present zoning of the property. c. Change in Conditions of the Neighborhood The application indicates that there is a change in the conditions of the neighborhood. According to the application "The changes in zoning designations are intended to respond to the to the existing demographics of the community that have developed overtime as opposed to creating a `company town' as was originally planned." 10 Although the requested zone district amendment does increase the potential number of residential DUs by 23, the impact of those DUs on traffic, water consumption and wastewater production is expected to be less then the commercial and business oriented zones which would be displaced. Since the original calculations determined that this zone district amendment would add 97 DUs, not the now calculated 23 DUs, the below excerpts are calculated based on the original calculation. In regards to water demand and wastewater treatment demand, Dean Gordon, P.E. of Schmueser, Gordon, Meyer stated (See Exhibit M): This rezoning application creates a net reduction in business/commercial space by increasing residential space. Specifically, the rezoning creates a net increase of 97 single-family detached residential units on 36.8 acres that is currently zoned business/commercial or public/semi- public/recreation. The increase in single-family homes in place of comtnercial space actually causes a net reduction in water demand and wastewater treatment demand. In addition, William L. Lorah, P.E. of Wright Water Engineers, Inc. (See Exhibit L) states: The proposed rezoning of 259 acres (8 percent of the PUD), according to a report by Schmueser Gordon & Meyer dated November 14, 2007, will require less water than the current zoning of the 259 acres. Consequently, it is WWE's opinion that there is adequate physical and legal water currently available to meet the needs of the proposed zone change and the rest of the build -out of the PUD as long as the demands do not exceed those described in the original decrees. Further, in regards to traffic, Dean Gordon, P.E. of Schmueser, Gordon, Meyer stated (See Exhibit I): I respectfully disagree with his comments regarding the increased density of residential units. This rezoning application creates a net reduction in business/commercial space by increasing residential space. Specifically, the rezoning creates a net increase of 97 single-family detached residential units on 36.8 acres that is currently zoned for business/commercial space. The increase in single-family homes in place of commercial space actually causes a net reduction in site generated traffic that would impact the road network. Below is an example of the To this end, it is Staff's opinion that although the Garfield County Road and Bridge Department and the Consolidated Metropolitan District expressed concerns regarding an increase in residential DUs that the impacts of the expected 97 additional DUs is less then the impacts which would have otherwise been created by the business and commercial districts which are being displaced. Hence, the proposed zone district amendment does not cause the overall Battlement Mesa PUD to exceed the expected water, wastewater and traffic demand from the original PUD approval. As a result, despite the aforementioned concerns, it is Staff' s opinion that the impacts created from the proposed zone district amendment can be adequately mitigated at the time of subdivision approval. In addition, updated calculations indicate that the actual increase in DUs is 23, not the originally contemplated 97. VI. STAFF SUMMARY In light of the forgoing, Staff makes the following observations: 11 1) The proposed zone district amendment is consistent with the goals and intent of the Garfield County Comprehensive Plan of 2000. 2) Although the requested zone district amendment does increase the potential number of residential DUs, the impact of those DUs on traffic, water consumption and wastewater production is expected to be less then the commercial and business oriented zone districts which would be displaced. 3) As the impacts on traffic, water consumption and wastewater production are expected to be less then the commercial and business oriented zones which would be displaced, the impacts from the development can be adequately mitigated at the time of subdivision approval. 4) As the impacts on traffic, water consumption and wastewater production are expected to be less then the commercial and business oriented zones which would be displaced, the proposed zone district amendment does not undermine the approval of the original Battlement Mesa PUD. 5) As is consistent with past practice, at the time of subdivision approval the newly platted subdivisions shall be included within the Consolidated Metropolitan District in order to obtain water and sewer service. VII. SUGGESTED FINDINGS 1. That all applicable regulations regarding a zone district amendment have been complied with including, but not limited to, Section 10.00 of the Garfield County Zoning Resolution of 1978, as amended. 2. The proposed zone district amendment is consistent with the goals and intent of the Garfield County Comprehensive Plan of 2000. 3. That the proposed rezoning from PSR, BC, and CAR to LDR and MDR is in the best interests of the public health, safety and welfare of the citizens of Garfield County. VIII. RECOMMENDED MOTION "I move that the Board of County Commissioners approve the proposed rezoning of Battlement Mesa PUD from PSR, BC, and CAR to LDR and MDR." 12 GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: October 18, 2007 Comments Due: November 6, 2007 Name of application: Battlement Mesa Partners Sent to: Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staffs contact: Christina Montalvo 109 8`s Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has many concerns that would happen with the increased density of residential units. The increased traffic volume would mandate many updates to the road system at Battlement Mesa. The increase in traffic volume should be projected out for the future with road improvements designed to handle the projected traffic volumes. All road improvements would be at the developer's expense and approved by the Garfield County engineer. The maintenance of all new roads would not become the responsibility of Garfield County and would not become a part of our road system. Garfield County Road & Bridge Department would like to see some of these concerns addressed prior to our approving the application for the zoning change for more residential units. We do not disagree that more residential units are consistent with the surrounding area and necessary for the influx of new people into this area needing housing. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date October 31, 2007 Revised 3/30/00 9702859631 Battlement Mesa Metro Consolidated Metro District 10:51:34 a.m. 11-05-2007 2 /2 CONSOLIDATED METROPOLITAN DISTRICT 109 TAMARISK TRAIL / P.O. BOX 6116 / BATTLEMRNT MESA, CO 81636 (970) 285-9050 / FAX (970) 285-9631 Christina Montalvo Garfield County Building and Planning Department 108th street, suite 401 Glenwood Springs, Co. 81601 Dear Ms. Montalvo; Re: Battlement Mesa Partners request for rezoning The Consolidated Metropolitan District has reviewed and considered the materials you sent regarding the requested rezone of the Battlement Mesa PUD. We are concerned that reduction in PSR and BC zoning and the increase in MDR and LDR zoning allows too much residential density. The requested rezone of major parts of Battlement Mesa will, in the long term, impair our ability to be a balanced and well planned community. We are also concerned about the need to resolve basic road and traffic issues as part of the planning for Battlement Mesa. All of the area requested for rezone is outside our district boundary. We have requested Battlement Mesa Partners include the property into the District. Thus far, they have refused. This complicates our planning and makes it more difficult to keep track of District boundaries. We request that any approvals of rezoning be conditioned with a requirement of inclusion into the Consolidated Metropolitan District. We do not have the ability at this point to provide water service to two large parcels (5-2 Stone Quarry Commons and the old High School Parcels). To serve these parcels would require the building of a new water tank higher up on the Mesa. We do not have the money to build the required tank at this time. Thank you for the opportunity to comment on the proposed rezone of Battlement Mesa. If you have questions please feel free to contact us. Sincerely, Bob Jasp r District Manager Cc. Consolidated Metropolitan District Board of Directors TO: Christina Montalv FROM: Dean Gordon, P.E. DATE: November 13 RE: Battlement M SCHMUESER GORDON MEYER ENGINEERSISURVEYORS MEMORANDUM , Senior Planner a Rezon' g — Road & Bridge Comments I have reviewed the comments made by Jake Mall of the Garfield County Road & Bridge Department dated October 31, 2007 and have the following response. I respectfully disagree with his comments regarding the increased density of residential units. This rezoning application creates a net reduction in business/commercial space by increasing residential space. Specifically, the rezoning creates a net increase of 97 single-family detached residential units on 36.8 acres that is currently zoned for business/commercial space. The increase in single-family.homes in place of commercial space actually causes a net reduction in site generated traffic that would impact the road network. Below is an example of the calculations that support this finding: For the trip generation estimates, we first equated commercial/business zoned space to square footage of leaseable space. We looked at similar sized commercial spaces planned or constructed in Garfield County and compared acreage with leasable space. Development Site Acreage Square Feet of Space Glenwood Meadows 45 490,000 Ferguson Crossing, (Proposed in Silt) 65 440,000 Based on the above table, Glenwood Meadows is a more dense development equating to about 11,000 SF of leaseable space per acre. If we apply that density to the space in Battlement Mesa that would have been commercial/business space (36.8 acres), we calculated that this land could have been occupied by about 405,000 SF of commercial/business space. Under the rezoning proposal, this land would contain 97 single-family homes. Next we compared the traffic generated by several different commercial land uses (for comparison) to the traffic expected to be generated by 97 single-family homes. Land Use # of UNITS DAILY TRIPS AM IN AM OUT PM IN PM OUT Single -Family Detached Homes 1 97 928 18 54 62 36 1 18 W. 6', SUITE 200 GLENWOOD SPRINGS, CO 81602 970-945-1004 FAX, 970-945-5948 Free -Standing Discount Superstore 2 405 19,930 380 365 768 799 Shopping Center 3 405 17,391 254 163 729 790 General Office Building 4 405 4,459 553 75 103 501 — ITE Land Use Code #210, trip rate ba ed on number of dwelling units 2 - ITE Land Use Code #813, trip rate based on 1,000 square feet of leasable space 3- ITE Land Use Code #820, trip rate ba ed on 1,000 square feet of leasable space 4 — ITE Land Use Code #710, trip rate ba ed on 1,000 square feet of leasable space As the table shows, any of the potential land uses for commercial/business space will generate significantly larger daily and peak hour traffic volumes on the area roadways than the proposed residential units. The proposed rezoning will create a substantial reduction in total traffic volumes generated by the proposed uses in Battlement Mesa. 1 1 8 W. 6'", SUITE 200 GLENWOOD SPRINGS, CO 8 1 602 970-945- 1 004 FAX: 970-945-5948 cp D m r m m Z m rn N m D z n H O m m > N m D D n o N m m - o D z Z v m co Z0 O N E The Denver Post - Garfield County sees explosive growth denverpost.com 11IE DENvt k POST denver & the west Garfield County sees explosive growth A perfect economic storm fuels the county, pop. 50,289 By Jason Blevins The Denver Post Article Last Updated: 11/13/2007 11:45:19 AM MST New Castle, which sits along the Interstate 70 corridor between Glenwood Springs and Parachute, is one of the fastest-growing communities in Garfield County. Energy development in the area is spurring a population boom. (Post cnnrioi / IAnwan, IAlnnd„1 They call it Black Sunday: May 2, 1982. "Everyone can tell you what they were doing when Exxon shut its gates,” says Rifle Mayor Keith Lambert, recalling his picnic that afternoon. More than 2,000 people in the Colorado River Valley lost their jobs the day the giant oil company shut down its failed shale operation — before it produced even a single barrel. "Then there was 20 -plus years of people struggling," Lambert says. But these days, shuttered storefronts have reopened. Unemployment is practically nonexistent. Property prices, two decades stagnant, are skyrocketing. The natural -resources industry has returned — and so have the boom times. From Glenwood Springs west to Parachute and points north and south, the valley is surfing a wave of natural gas -fueled growth that mirrors the region's roaring 70s. Towns such as New Castle and Silt are exploding with new residents. Homes and apartment complexes are going up daily. Main streets vibrate with the rumble of big new pickups. But with the prosperity have come growing pains. Sagebrush ridges are dotted with gas rigs. Schools are crowded, and businesses can't keep up with demands. Traffic backs up from exit -ramp stop signs onto Interstate 70 every weekday afternoon. Longtime residents find themselves in a squeeze. Speculating real estate buyers and sellers are driving housing prices so high they threaten to oust the teachers, volunteer soccer Advertisement AHDPRIt ON HEMS MIMING $300 oRIAORE Print Powered By i!f-r t Format Dynamics' }Mtn• /hinnny ,lnnuornnet nnn,/nnnro/ni 1AA 4A Al Page 1 of 4 The Denver Post - Garfield County sees explosive growth Page 2 of 4 denverpost.com 7 uE DGN% I R Post coaches and Girl Scout troop leaders who anchor communities. In Garfield County, real estate sales are 26 percent ahead of last year, reaching $920.8 million through September. The average price for a home in the county, long the bailout for middle-class workers in resort towns, is $444,436, up from $279,000 in 2000. In the town of Parachute, the average price of a home climbed $40,000 between June and July. With rental costs following the same track, the county's growing population is wandering further Downvalley migration U.S. Census Bureau figures show Garfield County was home to 30,000 people in 1990. It grew 46 percent in the next decade to 44,000 residents. Local leaders project the county will reach 90,000 by 2015. (Post special / William Woody) afield in search of housing. Or they're just leaving. Matt Wells and his wife think they might have to depart nearby Carbondale, which is also affected. Housing prices are just too high for the pair of teachers to move up from their modest town home, which is feeling cramped with their 16 -month-old. "We aren't looking for a mansion or anything," says the 37 -year-old Aspen high school teacher. "But a couple professionals with master's degrees should be able to afford a house, you know." Expansion, popularity Growing pains and stories such as the Wellses' are old news for Colorado's resort -anchored valleys. Cities such as Aspen and Vail know well the tribulations of fast expansion and Real estate squeeze Speculating real estate buyers and sellers are driving housing prices so high that they threaten to lock out the teachers, volunteer soccer coaches and Girl Scout troop leaders who anchor communities. (Post special / William Wnndvl soaring popularity. In Pitkin County, home to Aspen, the average home now costs $5.25 million and real estate sales passed $2 billion in September. The middle-class trials that come along with that — unattainable housing prices, proliferating vacation homes, loss of community — have trickled down from the ski resorts to the nearby hamlets, a downvalley creep that pushes affordable homes further and further from the Advertisement i` onl of New & Used 1 $50 OFF D PRICE ON GING TOTALING $300 GRAM aN� MaiYeiitYris�Yi :AI} tom? Print Powered By ra; -orn na Dynamics The Denver Post - Garfield County sees explosive growth Page 3 of 4 denverpost.com Tile DIiNvee Pose resort jobs. And now the Roaring Fork Valley's famous downvalley migration — the mass flight that recently shoved the average home price in former bedroom community of Basalt past $1 million — has met the energy boom. "The unstoppable forces have collided, and there's a whole new Energy demand There were 1,000 gas rigs, like the ones on the left, in the region in 2001. Today there are nearly 4,000 rigs, and officials estimate the 6,000 -square -mile basin will have 20,000 rigs in the next two decades. (Post special / William Woody) dynamic I don't think we fully understand yet," says Colin Laird, the director of the Carbondale -based community group Healthy Mountain Communities. "Everything is getting pushed further and further downvalley, and now downvalley is too expensive." "We don't have bedroom communities any more. We are at a place where the worker bees don't have a place to live," says Liz Lippitt, the head of marketing for Land Title in Glenwood Springs, which compiles monthly real estate information for communities along the Roaring Fork and Colorado rivers. "I'm thinking this growth is just going to race all the way to Grand Junction. I have to think, 'Where does it stop? When do we get to a place where no one can afford to live here anymore?' " It's hard to say whether New Castle, Silt and Rifle begrudge their speedy transition from bedroom community to self-sufficient towns. While Aspen and its satellites have long appreciated the affordable Garfield County municipalities for their ability to host police, nurses and service workers, the towns themselves have endured the social impact of residents' long commutes. "The greatest contributor to the decline in community health is extended travel times," says Frank Breslin, the mayor of New Castle who recently inherited the job of city manager. Now, with the oil and gas explosion from dozens of companies seeking to tap the Pi ceance Basin — known locally as the "Persian Gulf of natural gas" — beneath Garfield County, many workers are giving up on the commute to resort work and donning hard hats on gas rigs. There were 1,000 gas rigs in the region in 2001. Today there are nearly 4,000 piercing Piceance. State oil and gas officials estimate the northern, gas -rich section of the 6,000 -square -mile basin will have 20,000 wells in the next two decades. With that energy development comes a crush of people, all seeking to call Garfield County home. U.S. Census Bureau figures show Garfield County Advertisement it m of New 8 Used Off trs ntronn toupON. $50 OFF ttD PRICE ON InMS TOTALING $300 OR MORE.:.. Print Powered By'i"d Format -Dynamics` httn•//anxnx, denvernnet rnm/nen,e/ri 7dd4d41 The Denver Post - Garfield County sees explosive growth Page 4 of 4 denverpost.com 711E DI:N11 R POST was home to 30,000 people in 1990. It grew 46 percent in the next decade, to 44,000 residents. By 2015, local leaders project the county will reach 90,000. New Castle, Silt, Rifle and Parachute — the epicenter of the nation's largest -ever natural-gas extraction push — had a combined population of 11,500 in 2000, and projections pin the four towns at 34,000 by 2015. Rifle, a 102 -year-old city that knows boom and bust, has 4,200 more homes planned, with 3,000 of those already approved and awaiting construction. Waiting for construction is a big problem in Garfield County. Workers have fled for rigs, where the pay is better. Builders, hobbled by crackdowns on illegal immigrants, are struggling to keep crews intact. Construction costs have joined real estate prices in a race for unattainable. A year ago, New Castle landed a grant from Colorado's Department of Local Affairs to renovate its aging, energy -inefficient city hall. Leaders there planned $640,000 in upgrades and DOLA ponied up half. In the one year it took to secure the grant, the cost of the upgrades almost doubled, to $1.2 million. "It's just all happening so fast out here," says Breslin, a skilled cabinetmaker and installer who squeezes in mayoral and city manager work between an ever-growing workload. "I just dart around like a bumblebee." The influx of energy workers has strained local schools in Garfield County. The increasing cost of housing makes it difficult for the district to lure new teachers, and the high wages paid by energy companies keep snaring maintenance workers and bus drivers. "We pay drivers $14 an hour, and they pay $22 an hour. We have to compete with that, and we've seen lots of turnover," says Christy Hamrick, the finance director for Garfield County's 4,500 -student school district. The district offered 23 positions that potential workers declined this school year, and affordable housing has climbed to the top tier of the district's list of challenges. "The housing issue is paramount and absolutely crucial right now," Hamrick said. "There are units available; it's just a matter of affordable." Jason Blevins: 303-954-1374 or jblevins@denverpost.com Advertisement • SXYPYMlEN1 IAVIWIf( fOEUVEYf ORNERY N bm - P ice q���I""ijrs com '. .) MRA Apr�1R�t�EIRAnil{ 1 ID PRICE ON ITEMS TOTALING $300 OR MORE Print Powered By I. rd FormatDynamics httn•//www rtenvernnat rnm/newc/ri 744Mdd1 INVVE Wright Water Engineers, Inc. 818 Colorado Avenue, Suite 307, P.O. Box 219 Glenwood Springs, Colorado 81602 (970) 945-7755 TEL (970) 945-9210 FAX November 14, 2007 Via Hand Delivery Chris Coyle, Esq. Balcomb & Green, PC P.O. Drawer 790 Glenwood Springs, CO 81602 Re: Battlement Mesa — Water Requirement Projection Dear Mr. Coyle: EXHIBIT, www.wrightwater.com e-mail: blorah@wrightwater.com Wright Water Engineers, Inc. (WWE) and its sister company, Wright McLaughlin Engineers, developed the basic water supply plan for the entire 3,200 -acre Battlement Mesa Planned Unit Development (PUD). The plan was developed over several years beginning in 1978. The physical water supply for the Battlement Mesa PUD was designed to come from diversions from the Colorado River. There is always an adequate physical water supply in the Colorado River for the build -out of the PUD. The PUD has a large portfolio of decreed water rights. The two primary water rights used to meet the development water requirements are: 1) 20 cfs of the Dow Pumping Plant and Pipeline appropriated in 1956, and 2) 1250 acre-feet (AF) of water from Ruedi Reservoir through a contract with the Bureau of Reclamation. The Ruedi Reservoir water is to be used as augmentation water when the Dow water right is out -of -priority. The key water rights for the Battlement Mesa PUD are described and decreed in Water Court Case Nos. 79CW3351 and 82CW107. These two cases are water augmentation plans that provide an adequate legal water supply to serve a population of 23,000 people, plus commercial areas, schools, a community center, a 100 -acre golf course, and to irrigate 775 acres of landscaping and lawn. Documentation on how the water requirement estimates were made is presented in the September 23, 1982 report prepared by WWE entitled "Augmentation Plan for Battlement Mesa". The relevant text of that report is attached. The current population of the PUD is less than 6,000. The PUD is currently built out to less than 30 percent of its planned water supply. The proposed rezoning of 259 acres (8 percent of the PUD), according to a report by Schmueser Gordon & Meyer dated November 14, 2007, will require less water than the current zoning of the 259 acres. Consequently, it is WWE's opinion that there is adequate physical and legal water currently available to meet the needs of the proposed zone change and the rest of the build -out of the PUD as long as the demands do not exceed those described in the original decrees. DENVER DURANGO (303) 480-1700 TEL (303) 480-1020 FAX (970) 259-7411 TEL (970) 259-8758 FAX Mr. Chris Coyle November 14, 2007 Page 2 If you have any questions or need additional historic background, please do not hesitate to call. Very truly yours, WRIGHT WATER ENGINEERS, INC. BykVj4 e'er William L. Lorah, P.E. Senior Consultant Enclosure cc w. encl: Scott Balcomb, Esq. C\._WORK\W W E\041-147VIDOmo\Water Requirement Projections.doc ENGINEERING REPORT FOR BATTLEMENT MESA AUGMENTATION PLAN 1982 WRIGHT WATER ENGINEERS, INC. ENGINEERING CONSULTANTS 2420 ALCOTT STREET DENVER, COLORADO 80211 SEPTEMBER 23, 1982 741-020.05R TABLE OF CONTENTS SECTION NO. DESCRIPTION PAGE I INTRODUCTION 1 II WATER REQUIREMENTS 5 Depletions 8 III WATER SUPPLY 13 Dow Pumping Plant and Pipeline 13 Battlement Mesa Wells 15 Eaton Pipeline No. 2 15 IV WATER CONSTRAINTS 16 V PLAN FOR AUGMENTATION 18 Replacement of Depletions 18 Ruedi Reservoir 19 Other Sources of Augmentation Water P1 Statement of Plan for Augmentation 22 Administration 24 APPENDIX A - DECREES FOR THE DOW PUMPING PLANT AND PIPELINE, INCLUDING 79CW351, PLAN FOR AUGMENTATION, DECREED MARCH 20, 1981 APPENDIX B - DECREES FOR CASE NO. W-2560 APPENDIX C - DECREES FOR EATON PIPELINE NO. 2 APPENDIX D - SUMMARY OF OPERATIONAL STUDY OF RUEDI RESERVOIR RELEASES FOR THE MUNICIPAL WATER SUPPLY OF BATTLEMENT MESA APPENDIX E - EXECUTIVE SUMMARY OF "TRANSIT LOSSES ASSOCIATED WITH RUEDI RESERVOIR RELEASES," WRIGHT WATER ENGINEERS, SEPTEMBER 1982 APPENDIX F - CONTRACT BETWEEN THE UNITED STATES AND BATTLEMENT MESA, INC., A DELAWARE CORPORATION, FOR FURNISHING WATER FOR MUNICIPAL, DOMESTIC AND OTHER RELATED PURPOSES FROM RUEDI RESERVOIR SECTION I INTRODUCTION Battlement Mesa, Inc., a Delaware corporation, doing business in the State of Colorado, is building a new community, known as Battlement Mesa, to serve the growth associated with the shale oil industry. Battlement Mesa is a planned unit development located south of the Colorado River near the Town of Parachute in Garfield County. At ultimate build -out, Battlement Mesa will house approximately 23,000 people in single-family dwellings, town- houses, apartments, and mobile homes. The development will also include commercial areas, schools, community center and golf course. Water supply for the Battlement Mesa central system will be provided by diversion from the Colorado River and from wells in the Colorado River al- luvium. The water will be treated to meet state and federal potable water quality standards. There will be an integrated storage and distribution system that will supply all the domestic water needs for the development, including municipal fire protection and irrigation of landscaping and lawns. Battlement Mesa will also divert water from the Colorado River through the Eaton No. 2 Pipeline. This water will be used primarily for irrigation of the golf course and open space and so used, will not be treated. In an average year, the development will require a water supply of approximately 4,810 acre-feet of water. In a dry year, it will need approximately 5,200 acre-feet. Expected maximum daily diversion will be about 20 cfs. In addition to using the treated water supply for lawn irrigation, Battle- ment Mesa will continue to use water from its decreed irrigation ditches for irrigation of landscaping and greenbelt areas. These ditches, which divert from Battlement Creek, Monument Gulch and Dry Creek, have historically irri- gated the Battlement Mesa lands. None of Battlement Mesa's water rights in these ditches will be transferred or directly connected to the central water supply system. Consequently, they are not a part of this plan for augmenta- tion. -2 - In -house wastewater will be collected by a central sewer system, treated at a wastewater treatment plan located near the Colorado River and discharged directly to the river as permitted by NPDES. The sewage collection system will be designed and constructed in accordance with State of Colorado stan- dards to minimize infiltration and exfiltration. With the exception of depletions caused by irrigation of lawns, landscaping, and the golf course, all uses by the municipal system and returns to the river will be directly measured. Direct diversions from the Colorado River and punpage from the wells will be measured. Inflows to the water treatment plant will also be measured. In addition, there will be meters on all user service lines to measure use. Inflows to the sewage treatment plant will be metered, and treated effluent from the sewage treatment plant will be mea- sured. Battlement Mesa will use the formula already decreed in its original plan for augmentation (Case No. 79CW351) to calculate the depletions caused by lawn irrigation. This formula is based on 80 percent of the lawn irrigation water being consumptively used and the other 20 percent returning to the river with a one month lag. Therefore, diversions and depletions in this plan for augmentation are mea- sured, with the exception of lawn irrigation, which is handled by the proce- dure approved by the Water Court in Case Nb. 79CW351. This basis of.mea- surement for diversions and depletions makes for a relatively straightfor- ward administration of the plan for augmentation. In Case No. 790W351, Battlement Mesa, Inc. applied for a plan for augmenta- tion to provide a legal and physical municipal water supply for its first five years of development. According to this plan, which was decreed on March 20, 1981, Battlement Mesa is entitled to divert 6 cfs from the Colo- rado River under its ownership of 20 cfs in the Dow Pumping Plant and Pipe- line right and to replace out -of -priority diversions with releases from any of seven reservoirs or groups of reservoirs: Wildcat, Ruedi, Green Moun- tain, Monument, Deep Creek and Thompson Creek Reservoirs and Mesa Lakes 1 through 8. -3 - Battlement Mesa, Inc. filed an application (Case No. 82CW107) on May 13, 1982 for a second plan for augmentation which will permit Battlement Mesa to divert its full ownership in the Dow right (20 cfs) for municipal use, to replace out -of -priority diversions with releases from Ruedi Reservoir under a contract with the U.S. government and from its own storage reservoirs, and to provide a supply for ultimate development. Existing water rights in the Colorado River basin will not be affected by this plan. The purpose of this report is to present the factual vasis for this second plan for augmenta- tion. 11 In summary: 1. At ultimate development, Battlement Mesa will provide services to 23,000 people. 2. The water supply for the houses, commercial areas, public buildings and lawn irrigation of this development will be provided by a central system which will divert directly from the Colorado River and pump from the alluvium. A water supply for the golf course will be provided primarily by direct diversions from the irrigation ditches from Battlement Creek and through the Eaton Pipeline No. 2 from the Colorado River. 3. At ultimate development, maximum daily diversion for the central potable system will be approximately 20 cfs. 4. Battlement Mesa will continue to divert water for irrigation from its decreed ditches on Battlement Creek, Monument Gulch and Dry Creek that have historically irrigated Battlement Mesa lands. These diversions are not connected to the central water system and are, therefore, not a part of this plan. 5. Wastewater will be collected by a central sewer system, treated and re- turned to the Colorado River. 6. Except for irrigation return flows, uses and returns of water will be metered. -4- 7. Lawn irrigation return flows will be calculated by standard engineering methods using previously decreed criteria. 8. Water for Battlement Mesa will be diverted under the following water rights: Battlement Mesa Wells 1A, 2A, 3A, 4A, and 5A, Battlement Mesa Wells 61, 62, 63, 64, 85, 66, and 87, the Dow Pumping Plant and Pipeline and Eaton Pipeline No. 2. When these rights are out of priority, Battlement Mesa will replace water to the river from Ruedi Reservoir under a contract with the U.S. government or from its own storage reservoirs. a -5 - SECTION II WATER REQUIREMENTS Battlement Mesa's central water supply system will divert its raw water from the Colorado River. The central system will support the ultimate planned population of about 23,000 people and irrigate approximately 775 acres of landscaping and lawns and a 100 -acre golf course. Table 1 shows the estimates used to analyze the water requirements for in- house domestic use and domestic irrigation for a population of 23,000. TABLE 1 WATER USE ESTIMATES FOR A BATTLEMENT MESA POPULATION OF 23,000 Number Type of of Units Living Units 223 Rural residence 2,146 Single family residence 1,502 Townhouse 2,975 Apartment 1,052 Mobile home Persons per Daily Requirement Unit (gal/capita/day 3.2 90 3.0 90 3.0 90 2.8 90 2.8 75 Irrigation Per Ulg i t (ft') 12,500 7,500 2,000 1,000 2,000 The Table 1 estimates are based on expected land use patterns and population densities at full development. Average use was assured to be 90 gallons per capita per day, except that mobile homes were assumed to require 75 gallons per capita per day. Table 2 shows the estimated monthly diversions needed to supply domestic re- quirements. It breaks down in-house water use into three categories. Column 1 in Table 2 shows in-house water use by a population of 5,200. This use was covered in the original augmentation plan, which was decreed in March 1981 (Case No. 79CW350 and 79CW351. For a copy of this decree, see Appendix A.) Column 2 shows the in-house use for the incremental population -6 - of 17,800, and column 3 shows the estimated in-house use for the total popu- lation of 23,000 which is expected at the completion of Battlement Mesa. In-house use estimates in column 3 of Table 2 are based on Table 1 data together with an estimated 600,000 gpd demand for schools, commercial build- ings, churches and community center. TABLE 2 ESTIMATED BATTLEMENT MESA DOMESTIC WATER USE (Acre -Feet) (1) In -House Use Population of 5,200 Month (Orig. Aug. Plan) January February March April May June July August September October November December 50 46 50 48 50 48 50 50 48 50 48 50 Total Annual Use 588 (2) In -House Use Additional Population of 17,800 198 178 198 192 198 192 198 198 192 198 192 198 (3) In -House Use Total Population of 23,000 248 224 248 240 248 240 248 248 240 248 240 248 2,332 2,920 Total water diversion for irrigation at the 23,000 population level was esti- mated to be approximately 2,279 acre-feet in a dry year and 1,890 acre-feet in an average year. The amount of water to be used for irrigation was deter- mined by using the Jensen-Haise method and assuming that 80 percent of the water applied to the land will be consumed by the plants. Table 3 details 0 L W - • u LL u L C 2 10 Y Y1 L J1 CC n 4- C C ^ W C C L E 0 0 0 1 -4- 0Y - q c Y W- P yy0 C p>p� 3 -•1 E0 OPO - Ji n 100 P QCOIO CO QOO O 5) Ow 14-20U C AmN-O N..• N. I�OQNOP P 0 L y NJ1100 N.••' N NQJI Q-+ Cr l L C AoEO N —• 0 ▪ yr0 Y W - P y 0 OC •+n ••1 6L M m N 1y OJ1 COQN0'u r1 'O 000 O"0-+ CO P CO O CO -in-.Ni COON J1 JI n n f -7- N C L O 0 W N O O I Y C K Lu cc L W 2 0 0 2 a - cccc g 0 L L stn W Z O.0 O W n K F. 0 W W z N 10 W J CO r O 1 N CICL.J¢ L. s 1• J U y H 0 ...• G mi a O Z 0 - Q . 0 • 4 J Z v O Y 6 - % p q N LL W • W Y L - L L -o CC 0> •••• O L- W a• -c 0 O C 0 N E N 8P E c C5 CV L O .- c ▪ q C U r Le -0'•C E L y q ] O N r- N L 10 d 0 1.C q tOOPaPNn0 .1 nt0-Q-. 1n0 O YU.0 0 qN J1.�anNPJ10 0 ffl J50O J1N f.1 q_ n .0.. N ^•� •ti J1 T. m.-" n N •� N • 0 'r C - -• 0Y- ■ N 0- q0 mi: 0 P�- O u 4- W 1 .. 0+y 0 t o GL 1r 0 0C 0 P O 0e u O U C U W q Pc Y. E- W.'-0 0 LLL L g P U u Ch _ REEW�o .�aNyZQN-O et Q tv N01Q mQ100 1l'1 O-:U5E --.w .•q l� .1 1 40 60 q L Ol W C- O m O 00 0 C 0 C C 0 J1 C .-0 c • Cq C. CqC W -• W i N 0 i L. O 441 144. L 01in of f�f b POOOPm 0' q0IJ 0 tor e O q'. u 0 o'er J1 N- n O n J1 10 f N N - c c- N U ma It Cs) • Y W 4 0 0 0 0 0 0 0 0 N 0 0 0 0 0 0 0 N C i o •00 — L ▪ D W q I•• U i0 'r 0 $`a oq P C W 10n � L W g U Q c W Y > W saw mut U t. L — - N Y L 00oO' N- N 1�Qn-OP • 010 O N C 6QV ONJf J10N- N ONO JIQ- CJ10 C- C ^J+Wgn0 - .L+ 5) W 0 0 0 0 0 0 0 0 N 0 0 0 0 0 0 0 - L. O' - v Y 6 0 In 0 C v 0 W 0 O W .......01, L L yW. 5)-' L 5) 10 q C Y L R `C U q- R r W L 1. y P -J1-p _ M� WDE Y�Ey W N6 sP.. ji u W >1 O O E 0 - - W A O •+ 0 3 C <' zq''S •°� c' VI b' $ dr $ zq -'� •'0 c' vL+ b' ac -8- the estimated monthly diversion requirements to irrigate the total 775 acres of landscaping and lawn and the 100 -acre golf course associated with ulti- mate development for a population of 23,000. The irrigation requirements of the 219 acres and the 50 -acre golf course which were covered by the original augmentation plan are also shown in Table 3. As approved by the Water Court in Case No. 79CW351, the 20 percent of the irrigation water which will not be consumed by plants is assumed to return to the Colorado River one month after application. These return flows are shown in column 6 of Table 3. Average year consumptive use calculations were based on the years 1965-1980; dry year calculations were based on 1978. Peak use for Battlement Mesa at ultimate development is shown in Table 4. Peak flow was determined by increasing the average in-house demand by 50 percent. In addition, total peak estimates for both irrigation and in- house use were increased by 10 percent to account for contingencies and un- anticipated increases in the water system service area. It was assumed that peak use will occur during the driest month (July) in a dry year. Table 4 indicates that peak day use is expected to be about 19.8 cfs. TABLE 4 PEAK WATER USE ULTIMATE DEVELOPMENT 23,000 POPULATION, 775 ACRES OF LANDSCAPING AND 100 -ACRE GOLF COURSE Peak Day CFS GPM Acre-feet Gallons 19.8 8,890 39.2 12,800,000 DEPLETIONS In-house domestic depletions will be measured in the actual operation of the augmentation plan. However, for purposes of estimating depletions to deter- mine augmentation requirements, in-house consumptive use was assumed to be 4 percent of total diversions. Irrigation consumptive use was assumed to be equal to application minus return flows. Table 5 details the total average and dry year water supply requirements and depletions for the development associated with a population of 5,200. Table 6 shows the total average and W N W J 0 00 1-44 V = WC) 410 ▪ •W S 1-i or W Q u I: NN EE 4 F- J ( ai I 0Q z zc Q J N i0 iW W 0 =0— Q v v pPytv y I CO m Y Q 2•L H O 2 U N - r CC) - wet 3.-/ r O O L as W c = N Cu, y- H_ £ _ W L WO H J H W Q1 m 0W N Estim -9- c'0©POMvN P10m0 0 NNNPI SPNNQ n NN tp ph to Wit nfPtiNO J1 Q NtCry^rMr p •-• N.yr N .•� N tV C O O O N 0` N v N 0 0 0 N 000--. V N 1n O V n 00 N U ...pp -p..1 .0 N G .4-1-pN.�-• YNf V V v O O. 0 N 0‘00000000=000 u9 NCO N N N N N N N N N N N N N ; Lin alOCOM ...OWL)/ S O NN -t Estimated Depletions n 1 C O NNN0tanm NO.•anN O pC tp 000^P.+NNrM00 O O• rm.mirNr 00-r. tnrON N vV ' o 0 .N.=y-O P V N 0 0 0 0 0 0 0 0= 0 m o 0 N return flows oC N N N N N N N N N N N N 0 F N Y L Y C 0 Y Y Y L yyyL ^ >� L a L OLl V 0. >t i I L U 1. o U 3LU. d_>,Mt • a �1.0 d>s o € s9 0 Lit oa Z I- i W W a In J J g p 0zO O 0 W Z 0- Cr O VI I- 00 Z a W GHQ O — Day C d W 0.= - W J W L m C a J d a C ~Oes HO N ALA'H C O 0 6 N -W W p Q 0 it 3z0 N 0 v W I- 0 H0¢ Z p 0. J ▪ ▪ J H c Q 0 a 0 0- 0 W 0 0 H 0 r I. y W >A L OLEI L EQ' W >, l L. ri I.. 11 t EU •, I 01. U+ d >> 7 Y O d 6▪ .5 > > l U^ L»> u C Y 6 C C CGLI»Ce GN>V CLA CLLL>.0-Op2>V C Esti H -M COCOCCNIb MN N GNG a era In Crnc NM0if) 0Mr•+.r -13- G r, CO-. In- NIO •+ r CO CO Cr Cr N N •+4^ OOOMGesate. n000 CO 000nn.O.. GM' 00 000ee6n Ni M In P. CO N N N 1.1 CO os P 01 P CO CO P a P CO P a 0 a CO eNn CO^ CO CO G CO G CO G G G G .1 O N CO CO CO O CO -4 N N O r N G tiytiDal nN0 OOOs t0 Nm,n0 MM••.. CO Estimated Depletions W fie m^ CO L y- b N o 4 r G c M M N r - M 000G00e01NM00 N OOOGG^ICeNNno 10 It NT al 0 M Lne00e0se�0 N In O N -I el M m N N N P m P 0 P P Os T P P P P en N �t��������� .n 0 -11 - dry year water supply requirements and depletions for the additional popula- tion of 17,800 which was not covered by the first Battlement Mesa augmenta- tion plan. Table 7 presents total average and dry year requirements and depletions for the ultimate development of 23,000 population. Based upon Battlement Mesa's projections, the Town of Battlement Mesa will be comprised of approximately 8,023 units at full growth, with a population of approximately 23,000 people. The water supply will serve this single - and multi -family housing, plus schools, churches, a community center, commercial facilites and a 100 -acre golf course. It will also be used to irrigate approximately 775 acres of public and private lawns and land- scaping. Assuming that (a) each individual will require 90 gallons of water per day for in-house use and assuming, as above, (b) an in-house consumptive use of 4 percent and (c) an irrigation consumptive use equal to applications minus return flows (see Table 3, columns (5) and (6)), it is estimated that Battlement Mesa will deplete the Colorado River by 1942 acre-feet in a dry year and 1630 acre-feet in an average year (Table 7). Irrigation return flows have been lagged by one month to approximate the actual depletion pattern. It must be emphasized that under actual operating conditions, all flows will be metered except return flows from landscape irrigation; therefore, the above assumptions will not be necessary to the administration of the augmen- tation plan because it will be administered on the basis of recorded data. However, these assumptions are necessary at present to provide a basis for estimating expected depletions and required augmentation water in the future and to demonstrate that the supply of augmentation water will be sufficient to replace depletions when the Dow, Eaton Pipeline No. 2 and the wells are called out of priority. '9 41 N 0 W Z S - I- O. 0) 6 o U C O W 2 Lo O N 6 a 2 -1 - W 6 hyo' 1.P -J Z a 0 ▪ 6 6 J 2 W 0 6 0 N JI 2 OC • W lee 144 II^QE ^ N KK^]] O^ U K] W •. — N s § L....0 1. W 0 • O .- . ▪ d JG CNNWC. 0 0 6 CrrC yLy O ~i6Q V I▪ O N a1 01 0V E 0 C y6WJ .r N1.61 ~ aci -0.0 W 602 41 QQ366 N ✓IJ C t 1.61 1 O' H J . T y2 P W = i .- . ZW W p I. L J Z 1- 6 J D] W i 0 0 W 0 H 4.1 r Domestic Use -12- a RC COO VDb•ON O CO O CO 0 O0.06r1..o00oA OO (..f Pcmo 9. r0, f0 V-SOOOO-y...-. 0 0) NI en IFl0n beN NN m NOOen—CV 000. C0002oOoo 0 0, CV CV VI 0 02 CO 0002r1202030,^00 n n P n P O a N r1O N^r O .4 • W CO a CO 03 CO CO O CO Om 0 W • 00,OOOOOOO000 P N N N N N N N N N N N N 0 0 ..0 • N W N ZF• O 6 W.- J J 0.0- 14) W O L QV) I N 3 I WOWO�OPOrIO Om P aJL0P000N9.CO.-IA0' N ON•.y rl 1p in P ID IDOQ 09 W yy-aar..-r1O y r1..I Q N N N r1 M10, O IO Q rI N NI- NOV1r1._r v P it W "• J W I- C I- 1 6 N m ZO 0O0.Po^'I.Oo ^ IA O 0000010O O..r/ NIV COCV-•rei 0,0,,. O01"1n N b DN..I N N fl r1 .+ NI � iv.N 0 ..4 aaaoaoaao coow 0 N N N N N NNN N N N N 00 0 0 0 0 0 0 0 0 0 0 0 a L. .plLiE 4.1 d d a 4 aEv. N v d pC C G L l 1'1 C f1 O n 0 t os C C D L f1 C O€ C il4.2..'22.2-3-3.L.%828 c` •'7426'=�3-'2 i -13 - SECTION III WATER SUPPLY The source of municipal water for Battlement Mesa will be the Colorado River and the Colorado River alluvium. Battlement Mesa will divert water directly from the Colorado River under the Dow Pumping Plant and Pipeline and Eaton Pipeline No. 2 water rights. It will pump water from the Colorado River alluvium by a series of wells: Battlement Mesa Wells 1A, 2A, 3A, 4A, and 5A and Battlement Mesa Wells 61, 62, 63, 84, B5, 66 and 87. The locations of the various points of diversion are presented in Figure 1. The water rights to permit these diversions are discussed below. DOW PUMPING PLANT AND PIPELINE Under a decree dated November 10, 1966, the Dow Pumping Plant and Pipeline was given the right to divert 178 cfs from the Colorado River with an appro- priation date of January 24, 1955. Water diverted under this right was originally decreed for industrial, mining, retorting, refining, power, domes- tic, and all other uses related to the production of shale oil and its by- products. The 1966 decree located the point of diversion on the north bank of the Colo- rado River approximately 1.25 miles upstream of Parachute. In a subsequent decree (W-2786), an alternate point of diversion was established approxi- mately one mile upstream of the town. In a decree dated March 20, 1981 (79 CW350 and 351), Battlement Mesa obtained the right to divert 20 of the 178 cfs at two other alternate points of diversion, one on the south bank of the Colorado River near the bridge just upstream of Parachute and one at the intake for the municipal water treatment plant. Copies of the original decree for the Dow Pumping Plant and Pipeline and the decrees entered in Case Numbers W-2786 and 79CW350 and 351 appear in Appendix A of this report. The 1981 judgment also gave Battlement Mesa the right to use this water for muni- cipal, domestic, industrial, commercial, irrigation, sewage treatment, and other beneficial uses in connection with the new town. A copy of the 1981 decree appears in Appendix A to this report. TTS WSW It r PLUM 7 is �N• • ■ w TER TREATMENT PLANT WEL S IA- 5A Ouu PP • -14- OOw PP • PL WELLS S1 -IS7 i NNINNr EAToN PL *2 ■ EWAGE TREATMENT PLANT LOCATION OF POINTS OF DIVERSION AT BATTLEM ENT MESA FIGLJRH 1 1 -15- BATTLEMENT MESA WELLS Battlement Mesa intends to pump water for municipal use from Battlement Mesa Wells 1A, 2A, 3A, 4A and 5A (previously called Atlantic Richfield Wells 1A through 54) and Battlement Mesa Wells 6-1, B-2, B-3, 6-4, 6-5, 6-6, and 6-7. The legal descriptions are contained in the application (820W107). On September 16, 1976, in Case No. W-2560, Battlement Mesa Wells 1A through 5A and Atlantic Richfield Well B were given the conditional right to withdraw water from the Colorado River alluvium for municipal, domestic, irrigation and industrial purposes under an appropriation date of March 1, 1974, and to be used as alternate points of diversion for the Dow Pumping Plant and Pipe- line. Battlement Mesa Wells 1A, 2A, 3A, 4A, and 5A were decreed condition- ally for 0.22 cfs (100 gpm) each and Atlantic Richfield Well B was decreed conditionally for 1.10 cfs (500 gpm). Wellfield A and the B well were decreed as alternate points of diversion for 1.10 cfs each of the water pre- viously awarded to the Dow Pumping Plant and Pipeline. Copies of the two decrees in Case No. W-2560 are contained in Appendix B. On April 20, 1981, the State Engineer issued well permits granting Battlement Mesa the right to divert Atlantic Richfield Well B at Battlement Mesa Wells B1, 62, and 83. Battlement Mesa Well 61 was permitted for 100 gpm; 62, for 200 gpm; and 63, for 200 gpm. A11 three of these wells were subsequently drilled, and, on April 26, 1982, Battlement Mesa submitted beneficial use statements for these wells to the State Engineer. In addition, Battlement Mesa has also submitted a permit application and beneficial use statement for Well 6-4 which claims 300 gpm for municipal use, and applications for permits for Battlement Mesa Wells 65, 66, and B7. EATON PIPELINE NO. 2 The Eaton Pipeline No. 2 was decreed conditionally on July 9, 1965, for 10 cfs for irrigation, manufacturing, industrial and domestic uses. By a sup- plemental decree, 4.25 cfs of this right was made absolute while the remain- ing 5.75 cfs was continued as a conditional right. The decrees for this water right are contained in Appendix C. -16- SECTION IV WATER CONSTRAINTS The Colorado River has been gaged at Cameo, about 30 miles downstream from Parachute, since 1933. From 1933 through 1980, the maximum flow recorded was 36,000 cfs. A low flow of 700 cfs was recorded on December 29, 1939. Low flow in recent years has been greater than the "virgin" low flow of 1939 because of winter releases from Green Mountain Reservoir. There are over 10,000 water rights decreed in the Colorado River Basin in Colorado. Most of these rights with appropriation dates earlier than 1950 are decreed for agricultural purposes, with a few decreed for power, mining, municipal, and other purposes. In drought years and during some months of normal years, many of the junior rights on the Colorado River system can be called out because of insufficient water in the river. There are two major water right controls on the Colorado River. The first is the year-round Shoshone Power Right for 1250 cfs located upstream from Glenwood Springs (the Glenwood Power Canal). This right curtails diversions above the power plant which are junior to 1902 when Colorado River flow is less than 1250 cfs at the Dotsero gaging station. This control can prevent transbasin diversions to the eastern slope except when the river is aug- mented with reservoir replacement water (e.g., Shadow Mountain Reservoir for the Big Thompson Project or Williams Fork Reservoir for the Moffat Tunnel Diversion). The second water right control is the "Cameo Demand," which is a group of rights that total about 1800 to 2000 cfs in the irrigation season and a smaller amount in the winter. These rights can call out junior rights above the Cameo gaging station. An important consideration of Colorado River water availability, other than Colorado state water law, is the interstate and international agreements for water use within the basin. These agreements include the Colorado River Compact of 1922, the Mexican Water Treaty of 1944, and the Upper Colorado River Basin Compact of 1948. -17 - The 1922 compact divided the Colorado River basin into an upper division (Colorado, Wyoming, New Mexico, and Utah) and a lower division (Arizona, California, Nevada). The compact granted consumptive use of 7,500,000 acre feet per year to both the upper and lower basins; however, the upper division cannot deplete the flow as measured at Lee Ferry, Arizona, more than 75,000,000 acre-feet for the preceding ten years or, on an average, 7,500,000 acre feet annually. The Lee Ferry measuring point is on the Colorado River immediately downstream of Glen Canyon Dam. The Mexican Water Treaty of 1944 guaranteed an annual delivery of 1,500,000 acre-feet to Mexico, half from each division of the Colorado River basin. Since the quality of water entering Mexico is poor and, at times, must be passed directly into the ocean without use, an agreement exists between the two countries for solution of the salinity problem. In 1970, the average salinity of the delivered water was 1278 ppm. The Upper Colorado River Basin Compact of 1948 defined water use among states of the Upper Basin and established the Upper Colorado River Commis- sion to administer the compact. The State of Colorado is allowed 51.75 per- cent of the remaining Upper Basin allocation as defined in the Colorado River Compact of 1922 after deduction of 50,000 acre-feet per year for Arizona. Under present water use conditions in the upper division of the basin, Colo- rado River depletions are such that the compact delivery requirements have not required curtailment of any Upper Basin water rights. As conditional water rights are developed in the Upper Basin and more depletions occur, the compact requirements may affect the Colorado water rights. It is difficult to predict the year in which water rights will be shut off by enforcement of the compact because of the numerous water rights involved, the large number of conditional rights which may or may not actually be constructed, and the wide variations in climate and stream runoff in the basin. The Dow Pumping Plant Mesa Wells 1A -5A, and stream Cameo demand. the Dow Pumping Plant -18- SECTION V PLAN FOR AUGMENTATION ana Pipeline, the Eaton Pipeline No. 2, Battlement Battlement Mesa Wells B1-67, are junior to the down - During periods of low flow on the Colorado River, when and Pipeline, the Eaton Pipeline No. 2 and the Battle- ment Mesa wells are out of priority, Battlement Mesa will continue to divert; however, the town will replace out of priority diversions by releas- ing water from storage. The replacement water will be supplied from one or more of the following reservoirs: 1. Ruedi Reservoir 2. Mesa Lakes, 1, 2, 3, 4, 5, 6, 7, and 8 3. Monument Reservoir No. 3 4. Battlement Mesa Augmentation Reservoir 5. Wildcat Reservoir REPLACEMENT OF DEPLETIONS At full development, Battlement Mesa will deplete the Colorado River by an estimated 1942 acre-feet in a dry year and 1630 acre-feet in an average year (see Table 7). Operation studies of the Colorado River for the hydrologic years 1941-1970, including the use of the Dow Pumping Plant and Pipeline water right and releases from Ruedi Reservoir to replace out of priority diversions by the Dow, indicate that Battlement Mesa will require releases from Ruedi Reservoir of no more than 1127 acre-feet per year to permit diversion of water year-round under priority of the Dow right (see Appen- dix D). Battlement Mesa has contracted with the United States for up to 1250 acre- feet of water to be released from Ruedi Reservoir each year. If additional augmentation water is needed, Battlement Mesa will release water from the other reservoirs detailed above. Li -19- RUEDI RESERVOIR Battlement Mesa, Inc., has contracted with the United States for releases from Ruedi Reservoir at rates which would reestablish the normal flow in the Colorado River at Battlement Mesa's point of diversion. These releases will avert injury to senior water rights when Battlement Mesa diverts out of priority. Ruedi Reservoir, completed in 1968, is a part of the Fryingpan-Arkansas Pro- ject. The reservoir is located on the Fryingpan River approximately 13 miles upstream from Basalt, Colorado in Pitkin and Eagle Counties. Ruedi Dam and Reservoir was authorized by the Fryingpan-Arkansas Project Authoriz- ing Act of August 16, 1962 (76 Stat. 389). The primary purposes of Ruedi are (1) to satisfy the demands of senior diversions in western Colorado when Fryingpan-Arkansas Project diversions are made to the Arkansas Basin in eastern Colorado, and (2) to provide water for future users in western Colo- rado, in particular, the municipal and industrial water needs associated with the shale oil industry. In addition to the above primary purposes, recreation, flood control, and the preservation of fish and wildlife re- sources are purposes of Ruedi Reservoir. Ruedi Reservoir has an active storage capacity of approximately 101,280 acre feet and 1,087 acre feet of inactive and dead storage. The U.S. Bureau of Reclamation has determined that the firm annual yield of Ruedi Reservoir averages 77,800 acre feet. Of that amount, up to 28,300 acre feet could be used for replacement of Fryingpan-Arkansas Project diversions to protect senior western slope water rights. This leaves 49,500 acre feet available for municipal, industrial and other water uses to be sold and delivered pur- suant to contract. The 49,500 acre feet of annual yield was determined by the Bureau of Reclamation in 1975 using a period of study of 1949 to 1964 and conservative assumptions including: (1) the reservoir would be per- mitted one "paper fill" per year due to expected over -appropriation of the Colorado River Basin (a "paper fill" is the capacity minus the end -of -year content) and (2) diversions to the Arkansas River would deplete Ruedi Reser- voir inflow by 8100 acre feet per year. Two other studies of Ruedi yield by r*Y -20- the Bureau of Reclamation using other assumptions produced similar estimates of yield. In January 1981, Wright Water Engineers completed a study of the pattern and dependability of expected future Battlement Mesa diversion under the Dow Pumping Plant and Pipeline water right. (Wright Water Engineers, "Opera- tional Study of Ruedi Reservoir Releases for the Municipal Water Supply of Battlement Mesa," January 1981. For a summary of this study, see Appendix D.) The purpose of this investigation was to determine when the Dow water right would be in priority and the amount of augmentation water from Ruedi Reservoir which would be required to permit Battlement Mesa's continued diversion when the Dow right is called out of priority. Wright Water Engi- neers compared ultimate development water requirements for the Town of Battlement Mesa with estimates of water supply from the Colorado River based on historic flow and climatological data for the years 1941-1970 and future average depletions from the basin, including demand by oil shale develop- ments. The Colorado River Simulation program (CORSIM II) model studies served as a basis for this analysis. Wright Water Engineers verified the general reliability of the CORSIM simulation of the Colorado River under future conditions by comparing the results with Wright Water Engineers' forecasts made for the Colony Shale Oil Project in 1964, 1965, 1972 and 1973. CORSIM tended to show slightly higher depletions under senior condi- tional rights, using a higher level of development in western Colorado than Wright Water Engineers. Further study indicated that future transit losses for Ruedi Reservoir re- leases for the 80 -mile reach of the Fryingpan, Roaring Fork and Colorado Rivers between the reservoir and Parachute, Colorado would average between 3 and 4 percent. (See Wright Water Engineers, "Transit Losses Associated with Ruedi Reservoir Releases," May 1982.) The Executive Summary of this study is included as Appendix E. As a result of these two studies, Battlement Mesa entered negotiations with the Bureau of Reclamation for up to 1250 acre-feet per year of Ruedi Reser- voir water to serve as augmentation water when Battlement Mesa's Colorado River rights and wells are called out of priority. The United States and Battlement Mesa, Inc. signed a contract on May 13, 1982 allowing Battlement Mesa, Inc. to call for releases of this amount (Appendix F). r (1 -21- Under the terms of the contract, the U.S. government will use "all reason- able means" to guard against a shortage of water available to Battlement Mesa. To this end, the government will use 1977 hydrologic conditions to set a maximum limitation on its contracts to deliver water. If shortages should arise, however, the government would reduce delivery to all municipal contractors proportionately, up to 30 percent of their contracted amounts. Should the shortages persist, the government would administer releases to municipal and industrial users according to a priority system based on con- tract execution dates. If Battlement Mesa's share of water in Ruedi Reservoir should be reduced by the federal government because of drought or other conditions which resulted in insufficient storage in Ruedi Reservoir, the Town is prepared to reduce its water demands by cutting back on lawn irrigation and to augment its out - of -priority diversions by releases from its other storage reservoirs. OTHER SOURCES OF AUGMENTATION WATER In addition to Ruedi Reservoir, Battlement Mesa may use the following sources of augmentation water: Mesa Lakes 1, 2, 3, 4, 5, 6, 7 and 8; Monu- ment Reservoir No. 3; Battlement Mesa Augmentation Reservoir and Wildcat Reservoir. Mesa Lakes 1, 2, 3, 4, 5, 6, 7, and 8 were decreed for a conditional storage right of 103.7 acre-feet with an appropriation date of December 26, 1979. These lakes are located in the vicinity of the Battlement Mesa golf course and water treatment plant and can derive their supply from the Colorado River, Monument Gulch, and unnamed gulches which flow into them. Nbn anent Reservoir No. 3 was decreed for a total of 500 acre-feet condi- tional for irrigation, piscatorial, municipal and domestic uses, with an appropriation date of July 24, 1973. Under a decree of the same date, Monu- ment Reservoir may be filled from Battlement Creek through the Huntley Ditch - Monument Reservoir Enlargement, which is entitled to 15 cfs conditional. Colorado River water delivered under the Dow Pumping Plant and Pipeline -22- right could also be stored in this reservoir. This reservoir is located approximately one and one-half miles to the southeast of the Battlement Mesa sewage treatment plant. Battlement Mesa Augmentation Reservoir was decreed for 240 acre-feet condi- tional for municipal, irrigation, domestic and recreation uses, with an appropriation date of September 22, 1981. This reservoir will be located approximately one-quarter mile to the southeast of the sewage treatment plant. Battlement Mesa will also replace out of priority diversions by releases from Wildcat Reservoir, which stores water from Wildcat and East Snowmass Creeks. Wildcat Reservoir was decreed on May 27, 1971 for 1,140 acre-feet for municipal, recreation, irrigation and industrial uses, with an appro- priation date of September 28, 1968. Under a lease dated January 1, 1980, Battlement Mesa, Inc. has the right to call for the delivery of up to 200 acre-feet of water from Wildcat Reservoir. This lease extends until Decem- ber 31, 1984 and may be extended at Battlement Mesa's option for an addi- tional three years. STATEMENT OF PLAN FOR AUGMENTATION The applicant is engaged in the development of the community of Battlement Mesa, situated on Battlement Mesa southeast of, and across the Colorado River from, the Town of Parachute, Colorado. The community will be served with water and sewer utilities furnished by Battlement Mesa, Inc. The maximum rate of diversion from the Colorado River under this augmenta- tion plan is 14 cfs. During a dry year, a maximum of about 3,900 acre-feet will be diverted under the rights detailed in Section III above. Under the combined plans of augmentation, 79CW351 and this plan, the maximum rate of diversion from the Colorado River is 20 cfs and a maximum of about 5,200 acre-feet will be diverted. Raw water diverted from the Colorado River and the Colorado River alluvium will be pumped and treated prior to distribution to the Battlement Mesa community. The treated water will be utilized for domestic needs and for the irrigation of lawns and the golf course. The community will be sewered, and the wastewater treatment plant situated south -23 - of the Colorado River will discharge into the river. Raw water diverted through the Eaton Pipeline No. 2 will be used for irrigation of the golf course and green belt. From time to time, Battlement Mesa will supply emer- gency water to the Town of Parachute. This will be metered. Depletions resulting from diversions and use of Colorado River water are represented by the small amount of water actually consumed by in-house dome- stic use plus that portion of the water used for irrigation of grass which is lost to the atmosphere by evapotranspiration. The depletion is measured by the difference between the diversion from the river and the return flow to the river from the wastewater treatment plant and the return flow from the irrigated areas. All diversions will be measured with suitable metering equipment. The dis- charge of the wastewater treatment plant will be measured with a continuous recording Parshall flume. The return flow from irrigated grass will be estimated using standard engineering formulae. Therefore, on any given day and for any given month, the diversions, return flow, and net depletions can be computed. The formula for computing the depletion is: 0 = Q - P - i9m-1 HUm-1) x 0.20 WHERE: D = depletion of water to Colorado River on any given day in acre-feet per day. Q = rate of diversion in acre-feet per day at water treatment plant intake facilities, wells and Eaton Pipeline No. 2. These diver- sions will be measured. P = discharge in acre-feet per day from the wastewater treatment plant. This discharge will be measured and computed. average daily rate of diversion in acre-feet per day at the intake facilities, wells and Eaton Pipeline No. 2 one month prior to the the date for which the formula is being applied. Imposition of this delay factor is designed to account for the lag time from application of water until its return to the stream. = average daily delivery of water in acre-feet, one month prior to the date for which the formula is being applied, to residences, office buildings, schools, and other structures for internal dome- stic and sanitary uses. For purposes of this plan, HUm_i can be calculated as equalling measured discharge of the wase water treatment plant divided by 0.95. Qm-1= HUm-1 -24- 0.20 = the estimated increment of the irrigation application which flows back to the Colorado River. It represents the normal excess appli- cation of irrigation water over and above the evapotranspiration. This accounting formula for depletions is the same as the formula contained in the March 20, 1981 decree for the original Battlement Mesa augmentation plan, Case No. 790W351. In addition, Battlement Mesa will measure and account for any water intro- duced into the Battlement Mesa central water and sewer system which does not originate from the points of diversion described herein. This will pertain mainly to sewage flows from the Town of Parachute. ADMINISTRATION The Plan for Augmentation for Battlement Mesa can be administered by the Division Engineer in the course of his routine duties. The Town will pro- vide continuous measuring meters at all points of diversion and measurable points of return flow. All water users within the Town will have individual household meters whose readings will be tabulated at regular intervals. Battlement Mesa will keep all records in an orderly manner and will submit reports in accordance with a schedule to be established by the Division Engineer. At any time that a valid downstream senior call exists on the Colorado River, Battlement Mesa will make up the full amount of the depletions from reservoir storage upstream of the potential point of injury. In order to compensate for transit losses, releases from Ruedi Reservoir will be 4 per- cent greater than total depletions and releases from Wildcat Reservoir will be 10 percent greater than total depletions. Thus, the net delivery up- stream of the point of injury will be equal to the total depletions caused by the operation of the Battlement Mesa Water and Sanitation District. The difference in the carriage charges is due to the physical and hydrologic characteristics of the stream channels below the two reservoirs. Because of the proximity of Mesa Lakes, Monument Reservoir No. 3 and Battlement Mesa Augmentation Reservoir to the point of diversion, transit losses associated with releases from these reservoirs should be negligible. s SCHMUESER GORDON MEYER ENGINEERS ISURVEYORS MEMORANDUM TO: Christina Montalvo, Senior FROM: Dean Gordon, P. DATE: November 14, 200 a e RE: Battlement Mesa Rezoning — Comments from Consolidated Metropolitan District, Provision of information required by §4.08.05(7)(e)(i) and §4.08.05(7)(e)(ii) I have reviewed the comments made by Bob Jasper of the Consolidated Metropolitan District dated October 31, 2007 and have the following response. Mr. Jasper indicates that all of the area requested for rezoning is outside the District boundary. As a clarification, the area within Stone Quarry Commons was annexed to the District when that subdivision was platted in February, 2006. Parcel C, Monument Creek Village, Section 2 is also within the District. The remaining property is outside the District boundaries, however, it is all within the service area of the District. The service plan for the Battlement Mesa Water and Sanitation District, prepared by Wright -McLaughlin Engineers in October, 1981, contemplates water and sewer service to the entire PUD. The approved PUD includes a mixture of housing types for a total of 8023 residential units, a major open space system, recreational amenities, sites for public and semi-public uses, and commercial areas. Master plans for water and sewer systems were developed, and infrastructure was designed and constructed in anticipation of a population of 23,000 people. The water treatment plant was designed to include a 13 MGD water treatment plant, raw water intake, five pressure zones with four main booster pump stations, six buried storage tanks with a total storage capacity of 9.5 million gallons, water transmission lines, distribution lines and a standby well field for emergency use. The infrastructure was designed in such a way that it could be phased in over time as development occurred. The water treatment plant has been constructed to a capacity of 6.5 MGD. The treatment plant is designed for phased construction with an ultimate peak rate of flow of 13.0 MGD. Water tanks and pump stations currently serve pressure zone A and pressure zone B, with storage capacity of four million gallons. Water transmission lines within those zones have been constructed. As individual areas within the "central core" area are developed, additional water distribution lines will be constructed to serve each area. Two areas under consideration in this application lie at higher elevations than can be served by the water infrastructure currently in place. These parcels include the "Old High School Parcel" and the eastem most portion of Stone Quarry Commons which lie in pressure zone C. In order to provide water service to these areas, additional components of the water master plan, including a storage tank, booster pump station and water transmission lines will need to be constructed. The 1 18 W. 6',, SUITE 200 GLENwooD SPRINGS. CO 81602 970-945-I 004 FAX: 970-945-5946 need for and the timing of the construction of these improvements will correspond with the development of this property, as was always anticipated by the service plan for the District. The wastewater treatment plant is currently permitted with a capacity of 0.8 million gallons per day, and is currently treating 0.5 million gallons per day. The wastewater plant serves both the Town of Parachute and Battlement Mesa P.U.D. Because of projected growth in both areas, planning is currently underway to increase both the physical and the permitted capacity of the treatment plant. In addition to the treatment plant, the existing wastewater infrastructure includes a 24 -inch diameter interceptor sewer line designed to convey wastewater flows from the entire development to the treatment plant, and a lift station that pumps wastewater from some low lying areas into the interceptor line. Wastewater from the developed areas is collected in a series of gravity collector lines that flow into the interceptor line. The wastewater master plan anticipates that additional collector sewer lines will be built as new areas within the central core are developed. The need for and the timing of the construction of these improvements will correspond with the development of this property, as was always anticipated by the service plan for the District. This rezoning application creates a net reduction in business/commercial space by increasing residential space. Specifically, the rezoning creates a net increase of 97 single-family detached residential units on 36.8 acres that is currently zoned business/commercial or public/semi- public/recreation. The increase in single-family homes in place of commercial space actually causes a net reduction in water demand and wastewater treatment demand. The attached TABLE A shows the projected sewer loading under different types of residential development, and compares it to the sewer loading under different types of commercial uses. The information is calculated based on Table 4-1, Recommended Sewer Loading Rates For Different Types of Developments, Appendix E, Design and Construction Standards and Specifications, Consolidated Metropolitan District and Battlement Mesa Metropolitan District , April 2005. It is likely that the residential development will be some combination of unit types, and the total sewer loading would range between 13,192 and 24,832 gpd. The commercial development would also have been some combination of the uses indicated. However, the most likely combination would be Neighborhood Shopping Center, Restaurants, Professional Centers and Office Buildings. Any combination of those uses would result in a significantly higher demand for wastewater treatment than the proposed residential zoning. The District does not provide a similar table for water demand. TABLE B shows the projected water demand based on a generally accepted figure of 100 gallons per person per day for residential water use, and is compared to the water demand for commercial uses. Irrigation demands are assumed to be similar for both residential and commercial uses, and are not included in the following calculations. It is likely that the residential development will be some combination of unit types, and the total water demand would range between 16,490 and 31,040 gpd. For water demand estimates, we first equated commercial/business zoned space to square footage of leasable space. We looked at similar sized commercial spaces planned or constructed in Garfield County and compared acreage with leasable space. I 1 8 W. 6', SUITE 200 GLENWOOD SPRINGS, CO 81 002 970-945-1004 FAX: 970-945-5948 Development Site Acreage Square Feet of Space Glenwood Meadows 45 490,000 Ferguson Crossing, (Proposed in Silt) 65 440,000 Based on the above table, Glenwood Meadows is a n ore dense development equating to about 11,000 SF of leaseable space per acre. If we apply that density to the space in Battlement Mesa that would have been commercial/business space (36.8 acres), we calculated that this land could have been occupied by about 405,000 SF of commercial/business space. TABLE B assumes a conservative estimate of 0.3 EQR per 1000 square feet of leaseable space, yielding a commercial water demand of 38,880 gallons per day. 1 I8 W. 6'". SUITE 200 GLENWOOD SPRINGS, CO 81602 970-945-1004 FAX: 970-945-5940 Industrial Factory 36.8 Industrial Warehouse Motels - Hotels (Auto Dealers, Service Station & Trade Business ear Washes & Service Stations w/ Car Washes a N T. o N 0 N yo• N 2 N -, co y sx a) W o a i eignoornooa shopping Center ). CD ' Q - n N .a Cn O • R !Department stores g O Co E _ CO CO CA O R .. GUIVIMEKGIAL > i • o C o fp Multi -Family single Family Detached M I m 3 y O n- a o KtSIUENTIAL i I ' i l 36.8 36.8 36.8 36.8 36.8 w rn w 36.8 36.8 36.8 CO rn 97 97 97 97 Number of units or acres co 0 80 co 0 80 Avg. Daily Flow Household Avg. Daily Flow / Total Avg. Daily / Cap (gpcd) Size Acre (gpd) Flow (gpd) N w -, V N -a 3.2 rn o 0 100 b 00 4.000 15.000 7,500 4.500 2.000 1.500 500 500 22,080 A D D < 4 C C C uuu vwsl. P J J D D 01 N) b 0 0 0) V 01 0) O) O 00 0 0 V CO O) 0 0 CP CA N 0 0 _a CO a 0 0 --i OD a 0 0 • • 1 1 17 RAS . LO CD0 V _S CA N co N a OD w N ,Z1 m 0 0 m z 0 m 0 y m m z 0 O ✓ z O N D 0 o 1- E z O Oi m -o WT m W m0 m S 0 0 D T 1- -n -1 m mz z - cn "( - �I c) m N 0 -n0 m m r 0 m z N M , z 0 n 0 0) m� Oa X co r nm m m z 1 V cnm 0 m v m m r 0 v m z 1 y uommercial / business Space C,T c 6 3 -R z )0 a •r Category of Use 'mobile Homes :c 3 Single Family Detached Single Family Attached RESIDENTIAL! Category of Use w a) Number of acres 97 97 97 co V Number of units 11,000 Estimated Leasable Sq. Leasable Sq. Ft. / Acre Ft. 100 100 0 100 Avg. Daily Flow / Cap (gpcd) L 405,000 1.7 2.3 2.1 3.2 Household Size 320 Avg. Daily Flow / EQR CO CO o O vg. al y ow (0.3 EQR / 1000 Sq. Ft.) 16,490 22 310 20 370 CO -s A D Total Avg. Daily I Flow (gpd) M , z 0 n 0 0) m� Oa X co r nm m m z 1 V cnm 0 m v m m r 0 v m z 1 y September 24, 2007 Chris Coyle Balcomb and Green 818 Colorado Avenue Glenwood Springs, CO 81601 BUILDING & PLANNING DEPARTMENT Re: Request for Zone District change from Central Area Residential (CAR), Business Center (BC), Thoroughfare R.O.W. (ROW), Public, Semi -Public & Recreational (PSR), to Low Density Residential, Medium Density Residential (MDR), and Neighborhood Commercial INC) Dear Mr. Coyle, This office is in receipt of the rezoning application submitted by your office requesting a zone district change for several areas throughout the Battlement Mesa PUD, which include changing from Central Area Residential (CAR), Business Center (BC), Thoroughfare R.O.W. (ROW), Public, Semi -Public & Recreational (PSR), to Low Density Residential, Medium Density Residential (MDR), and Neighborhood Commercial (NC). Please understand that a determination of technical completeness by this office shall not be deemed a recommendation of approval, finding of adequacy of the application, or a finding of general compliance with any goal or objective of the Garfield County Zoning Regulations or the Comprehensive Plan. The application will be reviewed by Staff, a staff report will be generated and sent to you, and the Planning Commission will review, discuss, and make a recommendation to the Board of County Commissioners (the Board) at a public meeting. This meeting has been scheduled for the November l4`", 2007 Planning Commission which begins at 6:30 PM. (Notice not required) The meeting will be held in the Commissioners' Meeting Room in the Garfield County Plaza Building, 108 8th St., Glenwood Springs, CO 81601. [Note: Please submit 20 copies (for Planning Commission and Board of County Commissioners) of the completed application to this office no later than October 19th, 2007. If the copies have not been submitted by this date, your public hearing may be jeopardized.] Do not hesitate to contact this office should you have further questions. CC: Eric Schmela Sincerely, Christina Montalvo, Senior Planner 970.945.8212 108 Eighth Street, ,Suite 40/ • Glenwood Springs, CO 8160/ (970) 9945-8212 • (970) 285-7972 • Fax: (970) 384-3470 The Battlement Mesa Company December 4, 2007 David Pesnichak Senior Planner 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Battlement Mesa PUD, Request for Rezoning Dear David: The following information is being provided in response to comments made in the staff report for this application that we received on November 91h, 2007 and to supplement that application. The comment, under Section V(c) Change in Conditions of the Neighborhood, indicated that the application did not contain adequate information to substantiate that conditions in the area have changed or that there has been an error in zoning. I would refer you to the application submittal requirements, as detailed in the Zone District / Comprehensive Plan Map Amendment application. (See copy attached). Section 1(B) indicates that information regarding a change in conditions or an error in zoning is required only in cases where the proposed rezoning "would be in conflict with the Comprehensive Plan". The existing Comprehensive Plan designation for the Battlement Mesa PUD is "subdivision". No changes to that designation are proposed, and consequently, this rezoning application is not in conflict with the Comprehensive Plan. These requirements do not apply. However, in order to respond to the comments regarding the changed conditions of the neighborhood, I offer the following: • When Battlement Mesa was originally approved, it was anticipated that build -out of the entire PUD would occur between 1982 and 1987. These forecasts were made under the assumption that Battlement Mesa would become "Exxon World Headquarters" and would house the work force of a vibrant oil shale industry. When Exxon suddenly closed their oil shale operations in May, 1982, the economy of this area plummeted. The already developed areas of Battlement Mesa were left nearly vacant for many years. The rezoning is proposed in order to respond to the changes in demographics that have occurred over the last 25 years. Rising real estate prices in the upper valley have forced many workers to move farther west in order to find affordable housing. In addition, the current expansion of natural gas exploration in the area has created the need for even more housing in the Battlement Mesa area. Under this application, lands that are currently zoned P.O. Box 6000 • Battlement Mesa, Colorado 81636 • 970-285-9740 • Fax 970-285-9721 The Battlement Mesa Company for schools, churches and commercial areas would be rezoned as residential in order to accommodate the increased need for housing. • Five sites that were originally designated as school sites are no longer needed by the School District and the Applicant has been so advised by the District. This has occurred for two reasons; a site within the Town of Parachute was selected as the preferred site for the Grand Valley High School, and the school has since been built on that site. The School District selected a different site, currently zoned Business Center, for their new Junior High School. That school is currently under construction on a site north of Sipprelle Drive. • During the years since Battlement Mesa was originally zoned, a significant amount of commercial development has been approved or is pending before the Town of Parachute. This development will satisfy, to some degree, the need for additional commercial development in Battlement Mesa, and make room for additional residential development. The rezoning will convert approximately 33 acres of land within the Central Core from Business Center to residential zoning. However, it should be noted that approximately 46 acres of undeveloped commercial land will remain. This is an area of approximately the same size as the Glenwood Meadows development in Glenwood Springs. • Because of technology now available, including the Internet and instant communication, it is no longer necessary for the larger energy companies to have on- site management facilities. Rather, their main offices are located in Houston or Denver. There is no need for "Exxon World Headquarters" in Battlement Mesa. Instead, there is an increased demand for housing of mid -management employees and blue collar workers. • As additional evidence of the changes that have occurred since 1982, I have attached an article that appeared in the Denver Post on November 13, 2007 entitled "Garfield County sees explosive growth". For all of these reasons, we believe that conditions at Battlement Mesa have changed since it was originally approved in 1982. We respectfully request that this rezoning application be approved so that the development is in a position to more adequately respond to these changes. Additionally, there are two corrections to the application that need be made. The total acreage under consideration for rezoning is approximately 413 acres, rather than 259 as mentioned in the staff report. The original PUD approval was for a community of 23,000 people, as documented by the information in the report by Wright Water Engineers, rather than 25,000 as stated in the original application. erely, Chris Coyle, Attorney for and Authorized Representative of Battlement Mesa Partners, LLC Y.O. Box 6000 • Battlement Mesa, Colorado 81636 • 970-285-9740 • Fax 970-285-9721 o NI 0 y 0 N y Z Sl/NO 999 to A 0 5 2007 rti 0 o= H il 0 rn 538OV 17£'96 w (o 0 a S38OV arnl bcm ti 3 " y y o O n A 4 0 Cl, n S380V 9V901 Vti 4 V O Als n A y y S38OV 1797 l - CO o Opi (Na On 4)z yco (`?ec&free. IZ 151z°°7-- LOT 4, BURN/NG ROCK SUBDIVISION EX/ST/NG ZONING 8.33 ACRES PROPOSED ZONING 0 STONE QUARRY COMMONS EX/STING ZONING PROPOSED ZONING PARCEL C, MONUMENT CREEK VILLAGE EX/ST/NG ZONING PROPOSED ZONING BLOCK 3, TOWN CENTER AL/NG 5 EX/STING ZONING PROPOSED ZONING BLOCK 4, TOWN CENTER FILING 5 EX/ST/NG ZONING PROPOSED ZONING OLD H/GH SCHOOL PARCEL EX/ST/NG ZONING PROPOSED ZONING AREA #2 EX/ST/NG ZONING PROPOSED ZONING AREA /1 & PARCEL 13-10 EXISTING ZONING PROPOSED ZONING 8.88 ACRES 0 0 a o4) u) 40.25 ACRES 0 38.11 ACRES 0 3.15 ACRES 0 7.88 ACRES 2.08 ACRES 14.71 ACRES 0 00 145.84 ACRES 0 8725 ACRES 0 0 97.2 ACRES 20.9 ACRES 11.82 ACRES 67.5 ACRES 84.23 ACRES O W 1. 0 � co 25.68 ACRES 36.10 ACRES b v 00 W 01. o H Pi Co 1. ko y 0 40.25 ACRES 0 54.9 ACRES 28.77 ACRES 2723 ACRES N y ao to c r F 8.77 ACRES Q Q A,wrc to / %{ \ DEC 062007 EcivErn \ E§ ■ { 1` . § ■ • / / / i- in \' ]\ ti ) \k \` \1 ()(r rrr / \{� ii \ \rg ,4:704j , ; ! DEC 0 6 2007 § EXHIBIT Garfield County Commissioners Planning Department Garfield County Plaza Building 108 8th Street Glenwood Springs Colorado Re: Battlement Mesa Zoning Changes Dear Commissioners EXHIBIT 1 Cr; JAN 2 8 2008 I am a property owner at 324 Roan Creek Drive in the Battlement Creek Village in Battlement Mesa. I most strongly object to some of the zoning changes being requested by the Battlement Mesa Partners, LLC. My reasons are as follows: 1. To upgrade a zoning after property has been purchased is a breach of faith on the part of the commissioners and the current developers\land owners. For example, when the lots were developed in the Battlement Creek Village they were of the largest lots in all the villages and the homeowner is required by covenants to build a house of not less than 2000 square feet. The zoning requested by Burning Rock B2 L2 LLC (Lot 4, Block 2 Burning Rock Subdivision) is for medium density (MDR). Medium density translates into smaller lots and substantially higher number of humans/square footage. 2. The traffic situation on North Battlement Parkway is extremely dangerous due to the heavy truck traffic associated with the gas industry. There are no sidewalks along the parkway and people are at risk walking on the road. In addition, have a medium density subdivision on this road translates into increased left hand turning vehicles onto a very highly traveled road where the speed is excessive and far above the posted sign limitations. 3. If the zoning is to be changed along the Spencer Parkway, it should only be done if stoplights are installed at the corners of Spencer Parkway and the North Battlement Parkway and at North and West Battlement Parkways. It would be fruitless to entertain the possibility of stop signs to control the traffic. Currently, there is a stop sign at the corner of CR301 and North Battlement Parkway. A very high percentage of the commercial drivers do not come to a complete stop at this corner. Rather the drivers merely slow down. Because this stop sign is in my direct line of vision from my house, I am able to make this statement unequivocally. However, I've observed the same pattern at other stop signs within Battlement Mesa. Please consider my objections and concerns of these zoning requests. Sin erely Mary M Slattery 970/285-2214 TOWN OF PARACHUTE PO Box 100 222 Grand Valley Way Parachute, CO 81635 EXHIBIT 8 Telephone: (970) 285-7630 Mayor FAX: (970) 285-9146 Roy McClung January 24, 2008 Garfield County Building & Planning Department 108 - 81h Street, Suite 201 Glenwood Springs, CO 81601 RE: REFERRAL FORM Darter, LLC Valley View Commons Preliminary Plan Application The above referral was received by the Town of Parachute regarding development in the Parachute area. Tab 12, traffic impact analysis only covers Stone Quarry Road and W. Battlement Parkway. Has anyone considered how this will impact the Colorado River Bridge and accessing the I-70 interchange, with the additional traffic going to and from Battlement Mesa? The Town of Parachute Board of Trustees would like to know if any road impact fees are being collected and if they are, is any thing being set aside from these developments to help with road improvements and construction for another interchange in this area. Respectfully, Roy McClung Mayor xc copy: file JAN 2 5 2008 EXHIBIT U tzi 2 F.14 g kl3 3 V RE 7.1 7 4 8 g s 8 ;)g 0 Na as A y A 1 M (q w x 3e SLa A i A F. i a D A y . , ° 4) °6 °k ag as °t, . ° ea 1^ 0 Q w p yyp '.4U ° y 'sic aNN 1 1 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and BATTLEMENT MESA PARCEL 5 LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for PLANNED UNIT DEVELOP- MENT ZONE DISTRICT MAP AMENDMENT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application: APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT `vim, L Signature c4 t Date: jel i(w Christopher L. Coyle, Authorized Agent Print Name Mailing Address: P.O. Box 6000 Battlement Mesa, CO 81636 10/2004 Page 4 STATEMENT OF AUTHORITY I. This Statement of Authority relates to an entity named BATTLEMENT MESA PARCEL 5 LLC. 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The name and position of each person authorized to represent the entity in connection with the application by the entity filed with the Board of County Commissioners, Garfield County, State of Colorado, for a Planned Unit Development Zone District Map Amendment in connection with certain real property situated within the Battlement Mesa P.U.D., County of Garfield and State of Colorado: Eric Schmela, Authorized Agent, or Christopher L. Coyle, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this 1 \ day of January, 2008. BATTLEMEN SAP RCEL 5 LLC a Colorado lit it- • liab' ' y company By S`ir, Authorized A_1 zit Chris t• er L. Coyle, I ) orized Agent STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this 114- day ofJanuary, 2008, by Eric Schmela as and Christopher L. Coyle as Authorized Agents of Battlement Mesa Parcel 5 LLC. Witness ny hand and official seal. My commission expires: ()Am_. 1 z ()no', SALLY GEIB VAGNEUR NOTARY PUBLIC STATE OF COLORADO My Commission Expires 05/01/2009 p>C�U1.1JLT 06.%1 Notary Put ljc STATEMENT Or rAUTI►ORI•I'Y •fhi.s Statement of Authority relates to an entity named 13;\TTLIi\IkNT.\II[S,\ LLC. P;\RC'FL 5 '_. The type of entity is a LIMITED LIABILITY (0\iI'.\\Y. 3. The entity is formed under the laws of C'oLt)RADo. 4. The mailing address ot'the entity is: PO Box 6000, Battlement 'Mesa, CO 81636 5. The names and positions of each person authorized to execute instruments conveying, encumbering, rezoning or otherwise affecting title to real property on behalfM.the entity arc: Community Holdings West, Inc., a Colorado corporation, Managing Nlember, by Eric Schmela, Authorized Agent, or Eric Schmela, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this 7 day of January, 2008. BATTLEMENT MESA PARCEL 5 LLC, a Colorado limited liability company Community( ,!din By: Eric Sc est, Inc., a Colorado corporation, Managing Member uth ized Agent Arr Eric S 4i rTthorized Agent STATE OF COLORADO ss. COUNTY OFGARFIELD ) The foregoing instrument was acknowledged before me this 7__tt' day of.lanuary, 2008, by Eric Schmela as Authorized Agent of Community Holdings West, Inc., \lanaging Member of Battlement Mesa Parcel 5 LLC, a Colorado limited liability company, and as Authorized Agent of Battlement Mesa Parcel 5 LLC. Witness my hand and official seal. \ly commission expires: _ Vtxds_ __,_1]] .r.N•••rAf Yws ✓.�•. J.h O•D.u`✓✓�. Cir.7.18W\GNEIJR 1 ^,1Y 'U3L.IC f.F t'CLi:,'tAUt)J F44r3 .'6/n1 'l-tx.�f Vows Public 1111 IA. !I RN 11111 R.c.pt tuna: 72752e 07/06/2007 05 10 39 PM B- 1907 P 0711 Jean Rlberlco 1 0l 1 Rea Fee 36.00 Doc Fee 10 00 GARFIELD COUNTY CO BARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS, that GARFIELD COUNTY SCHOOL DISTRICT 16, A Political Subdivision of the State of Colorado, For the consideration of Ten Dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to BATTLEMENT MESA PARCEL 5, LLC, a Colorado Limited Liability Company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, CO 81636, the following real property situate in the County of Garfield and State of Colorado, to -wit: RESTRICTED RESERVE "C' MONUMENT CREEK VILLAGE, SECTION TWO ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 5, 1981 AS RECEPTION NO, 319920 COUNTY OF GARFIELD STATE OF COLORADO with all its appurtenances. SIGNED AND DELIVERED this 5th day ofJuly, 2007. GARFIELD COUNTY SCHOOL DISTRICT 16 A Political Subdivision of the State of Colorado By cL Name: N2fF ( /7rr cren1c.1 Title: VA/ g„cLtct STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 5th day of July, 2007, by Danette Christensen as President and Jody Dennis -Williams as Secretary of the Garfield County School District 16, A Political Subdivision of the State of Colorado. Witness my hand and official seal. My commission expires: DE" . rt;OF NOII T 31.1C STATITui _ULOHADO My Commission Expucs 09 / 2� 7)20 9 Notary Public GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and BATTLEMENT MESA OFFICE I LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for PLANNED UNIT DEVELOP- MENT ZONE DISTRICT MAP AMENDMENT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date: l i t( l n Christopher L. Coyle, Authorized Agent Print Name Mailing Address: P.O. Box 6000 Battlement Mesa, CO 81636 10/2004 Page 4 STATEMENT OF AUTHORITY I. This Statement of Authority relates to an entity named BATTLEMENT MESA OFFICE I LLC. 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The name and position of each person authorized to represent the entity in connection with the application by the entity filed with the Board of County Commissioners, Garfield County, State of Colorado, for a Planned Unit Development Zone District Map Amendment in connection with certain real property situated within the Battlement Mesa P.U.D., County of Garfield and State of Colorado: Eric Schmela, Authorized Agent, or Christopher L. Coyle, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this { l day of January, 2008. BATTLEMEN, EESA-s FICE I LLC a Colorado lig fit =d liab ' y company By Christo`ih>rr L. Coyle, Au ed Agent STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this k#' day ofJanuary, 2008, by Eric Schmela as and Christopher L. Coyle as Authorized Agents of Battlement Mesa Office I LLC. Witness my hand and official seal. My commission expires: nh, I t a009 SALLY GEIB VAGNEUR NOTARY PUBLIC STATE OF COLORADO My Commission Expires 08/01/2009 Notary Public STATEMENT OF AUTHORITY I . This Statement of Authority relates to an entity named BATTLEMENT MESA OFFICE I LLC. 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The names and positions of each person authorized to execute instruments conveying, encumbering, rezoning or otherwise affecting title to real property on behalf of the entity are: Community Holdings West, Inc., a Colorado corporation, Managing Member, by Eric Schmela, Authorized Agent, or Eric Schmela, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this 7 day of January, 2008. BATTLEMENT MESA OFFICE I LLC, a Colorado limited liability company Community ' : ings / st, Inc., a Colorado corporation, Managing Member Eric Sc l -•• Authorized Agent STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this ! clay ofJanuary, 2008, by Eric Schmela as Authorized Agent of Community Holdings West, Inc., Managing Member of Battlement Mesa Office I LLC, a Colorado limited liability company, and as Authorized Agent of Battlement Mesa Office I LLC. Witness my hand and official seal My commission expires: U SALLY t9t:If3 MA('MEl1R NOTARY PUBLIC Notary Public STATE GE COLORADO My %nmmissk,n Expires Ce101 /2006 - 1111hlPwMI Nei!IL I Al'Mi1C1i4'IfLIiIIIN'i 11111 Receptionl: 731097 0o 1 of 3Rec I600Doc ��007 Fees$� �PM ef eQ n 160..00 GARFIELD COUNTY CO After Recording Return To: Isaacson Rosenbaum P.C. Attn: Richard D. Greengard, Esq. 633 17th Street, Suite 2200 Denver, Colorado 80202 SPECIAL WARRANTY DEED of A F 60.00 For valuable consideration, receipt of which is acknowledged, Monarch Aspen LLC, a Colorado limited liability company, whose address is 730 Sipprelle, Parachute, Colorado 81(35 ("Grantor"), hereby grants, bargains, sells and conveys to Battlement Mesa Office I LLC, a Colorado limited liability company, whose address is 241 Larkspur Drive, Carbondale, Colorado 81623 ("Grantee"), that certain real property located in the County of Garfield, State of Colorado, as legally described on Exhibit A attached hereto and made a part hereof (the "Property") together with all of Grantor's right, title and interest in and to all improvements and structures located thereon and all easements, appurtenances, rights and privileges appertaining to the Property. The Property is conveyed subject to: (a) The liens for real property taxes for the calendar year 2007 not yet due and payable; (b) All easements, leases, rights of way, covenants, conditions and restrictions of record; (c) Any building, zoning, subdivision and similar laws applicable to the Property; and (d) Reservations made by Battlement Mesa Partners LLC, a Colorado limited liability company, in that certain deed recorded on even date herewith, providing substantially as follows: reserving unto the company and its assigns all of the company's right, title and interest in and to all of the oil, gas, coal and other minerals in and under and that may be produced from the Property, together with all of the company's interest in any and all mineral leases and licenses. TO HAVE AND TO HOLD the said Property unto the Grantee, its successors and assigns. Grantor, for itself and its successors, hereby agrees that it shall WARRANT AND DEFEND the Property in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person claiming the whole or any part thereof, by, through or under othe Grantor. e f o 1' td 11)11101,Pl1,4 l3PIR,P4Dil,4i14'hi OMLVtMhg NMI 2 of Y3 Roc Fecf13 8 00MDoceFee 160.00 GARFIELD COUNTY CO Signature Page for Special Warranty Deed to Battlement Mesa twice I LLC IN WITNESS WHEREOF, Grantor has caused its duly authorized representative to execute this instrument as of the date hereinafter written. DATED )v C 029, 2007. STATE OF COLO COUNTY OF ) ss. MONARCH ASPEN LLC lorado imited liability company By: Name: r' avid Gi Its: Manager The foregoing instrument was acknowledged before me thi day % ] ta_„ 2007, by David Gitlitz, in his capacity as Manager, and on behalf of MONARCH A PEN LLC, a Colorado limited liability company. Mym+ PUOLI !As �� iaF 0�0 /auman�d My Commleata0f0n Ea9YN 08/27i't • 1111h4311WilliU+GLN1ACWClt iV►(IO! NIIII Rscspptionf: 731097 09/17/2007 07.53:71 P11 Jean Rlberioc 3 of 3 Roc Foe 516.00 Doc Fa ..160.00 GPRFIELD COUNTY CO EXHIBIT A To SPECIAL WARRANTY DEED Lent Description BLOCKS 3 AND 4 TOWN CENTER FILING NO. 5 ACCORDING TO THE PLAT RECORDED SEPTEMBER 10. 1997 UNDER RECEPTION NO. 513419 COUNTY OF GARFIELD STATE OF COLORADO 1489449_1 309697.051 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and BURNING ROCK B2L2 LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for PLANNED UNIT DEVELOP- MENT ZONE DISTRICT MAP AMENDMENT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date: I tt l Ci 3 Christopher L. Coyle, Authorized Agent Print Name Mailing Address: P.O. Box 6000 Battlement Mesa, CO 81636 10/2004 Page 4 STATEMENT OF AUTHORITY I. This Statement of Authority relates to an entity named BURNING ROCK B2L2 LLC. 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The name and position of each person authorized to represent the entity in connection with the application by the entity filed with the Board of County Commissioners, Garfield County, State of Colorado, for a Planned Unit Development Zone District Map Amendment in connection with certain real property situated within the Battlement Mesa P.U.D., County of Garfield and State of Colorado: Eric Schmela, Authorized Agent, or Christopher L. Coyle, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this I t day ofJanuary, 2008. BURNING RO O2L� LC a Colorado limit liabjJ ty company By 'J Er' clii.iiela, Authorized Agent Christophe . Coyle, Aut ori. ed Agent STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this t I day ofJanuary, 2008, by Eric Schmela as and Christopher L. Coyle as Authorized Agents of Burning Rock B2L2 LLC. Witness my hand and official seal. My commission expires: �(l� I a.00`j �wv+aaA.. SALLY GEIS VAGNEUR NOTARY PUBLIC STATE OF COLORADO My Commission Expires 05/01/2009 CDs. t, Notary Public STATEMENT OF AUTUORITY This Statement of Authority relates to an entity named BURNING ROCK 132L2 LLC. _2. The type or entity is a LIMITED LIA131LITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The names and positions of each person authorized to execute instruments conveying, encumbering, rezoning or otherwise affecting title to real property on behalf of the entity are: Community Holdings West, Inc., a Colorado corporation, Managing Member, by Eric Schmela, Authorized Agent, or Eric Schmela, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this 7 day of January, 2008. BURNING ROCK B2L2 LLC, a Colorado limited liability company Communi oldin.: West, Inc., a Colorado corporation, Managing Member By: Eric Sc l l gill t orized Agent Eric r e a, Authorized Agent STATE OF COLORADO )ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this 7&' day ofJanuary, 2008, by Eric Schmela as Authorized Agent ofConmiunity Holdings West, Inc., Managing Member of Burning Rock B2L2 LLC, a Colorado limited liability company, and as Authorized Agent of Burning Rock B2L2 LLC. Witness my hand and official seal. Nly commission expires: Irl aOO "I SALLY GEIB VAGNEUR NOTARY PUBLIC 3 fATE OF COLORADO My t,ammisslon Expires olrntl2.999 r Notary Public's UP M.PCTIMP111,14f,Pilf.Writeld44l1#01i111111 "Iceptlona: 740459 . of PPR 8 04 o Fe1511a000Docean F a 0b001 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 3154' day of December, 2007, between •BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BURNING ROCK B2L2 LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): Want:sSETR, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See attached Exhibit A SUBJECT To THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. TO HAVE AND TO HOLO the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLE a Colorado By Name: E meta Title: Authorized Agent LAND INVESTMENTS, LLC ity company STATE OF COLORADO ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 315 day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: t aDpq 1 ,\ r O SALLYGEIS NEUR NOTARY PUBLIC STATE OF. COLORADO My Comm4twn mom eerotnoo9- Notary Pub Z ID A1. VIC&PIIIMP04.0110004' ibirt#4 III III Rece01 0212008 04 1039SP 0 M Jean Flberloo 20f 2 Reo Fee. f11 09 Deo Fee. 0.00 GARFIELD COUNTY CO EXHIBIT A Lot 2, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 (Garticld County Assessor Parcel No. 2407-071-09-002) Lot 4, Block 2, Burning Rock Subdivision, according to the final plat recorded May 28, 1986 as Reception No. 371427 (Garfield County Assessor Parcel No. 2407-082-09-004) GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and BATTLEMENT MESA LAND INVESTMENTS PARCEL 1-A LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for PLANNED UNIT DEVELOP- MENT ZONE DISTRICT MAP AMENDMENT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date: (1„(6' Christopher L. Coyle, Authorized Agent Print Name Mailing Address: P.O. Box 6000 Battlement Mesa, CO 81636 10/2004 Page 4 STATEMENT OF AUTHORITY I. This Statement of Authority relates to an entity named BATTLEMENT MESA LAND INVESTMENTS PARCEL 1-A LLC. 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The name and position of each person authorized to represent the entity in connection with the application by the entity filed with the Board of County Commissioners, Garfield County, State of Colorado, for a Planned Unit Development Zone District Map Amendment in connection with certain real property situated within the Battlement Mesa P.U.D., County of Garfield and State of Colorado: Eric Schmela, Authorized Agent, or Christopher L. Coyle, Authorized Agent, 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. -fL- Executed this (( day of January, 2008. BATTLEMENT a Colorado lim By SAL D INVESTMENTS PARCEL 1-A LLC liability ompany STATE OF COLORADO ) ss. COUNTY OF GARFIELD Christop L. Coyle, A ed Agent The foregoing instrument was acknowledged before me this 114". day of January, 2008, by Eric Schmela as and Christopher L. Coyle as Authorized Agents of Battlement Mesa Land Investments Parcel I -A LLC. Witness my hand and official seal. My commission expires: ff\o_ f annc4 SALLY GEIB VAGNEUR NOTARY PUBLIC STATE OF COLORADO My Commission Expires 06/01/2009 Notary Pul Ilc STATEYIENT OF AUTHORITY This Statement of Authority relates to an entity named BATTLEMENT MESA LAND INVESTMENTS PARCEL I -A LLC �. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 S. The navies and positions of each person authorized to execute instruments conveying, encumbering, rezoning or otherwise affecting title to real property on behalf of the entity are: Community Holdings West, Inc., a Colorado corporation, Managing Member, by Eric Schmela, Authorized Agent, or Eric Schmela, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this 7 day of January, 2008. BATTLEMENT MESA LAND INVESTMENTS PARCEL l -A LLC, a Colorado limited liability company Community( .Idi c West, Inc., a Colorado corporation, Managing Member By: la, Authorized Agent Eric S: $!Authorized Agent STATE OF COLORADO COUNTY OF GARFIELD ss. The foregoing instrument was acknowledged before me this' day ofJanuary, 2008, by Eric Schmela as Authorized Agent of Community Holdings West, Inc., Managing Member of Battlement Mesa Land Investments Parcel I -A LLC, a Colorado limited liability company, and as Authorized Agent of Battlement (Mesa Land Investments Parcel I -A LLC. Witness my hand and official seal. My commission expires: c\t 3ALLY (3EIB VAGNE :1OTARY PUBLIC SLAJE CF COLORADO Ay Ganmission Expiros 05101/2009 Notary Publl 1111 Nl.W41A1Y,MII,WIl,W1Nfifilrleir5ftliatlfil11111 Roc ept-lona; 740652 01/0712008 10 36 37 M Jon Altar zoo 1 or 2 Reo Fee. $11.00 Doc Fey 0 00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED Tins DEED, made this 31" day of December, 2007, between COMMUNITY IIOLDINGS WEST, INC., a -Colorado corporation, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS PARCEL 1-A, LLC, a 'CdIorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the rcceipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See Exhibit A attached hereto and made a part hereof. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this d STATE OF COLORADO ) ss. COUNTY OF GARFIELD COMMU a Colorado Co By Name: En Title: Authorized Agent date set forth above. WEST, INC. The foregoing instrument was acknowledged before me this 31e day of December, 2007, by Eric Schmela as Authorized Agent for Community Holdings West, Inc., a Colorado limited liability company. Witness my hand and official seal. My commission expires: IMARGUERITR BRAUNSCHWEIG NOTARY PUBLIC STATE OF COLORADO My Comte:in Expina 02/16/2016 1111 hiiieMAN diliN1W4ih'hIP{Ii1KG I4 *'J 11111 Receptlona: 740662 01/07/2000 10 30 37 AM Jean nlberico 2 of 2 Roo Fee SII 00 0oc Pee 000 GARFIELD COUNTY CO EXHIBIT A 'tract 2, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 691970. LESS AND EXCEPT that parcel of land conveyed to the Grand Valley Fire Protection District by Special Warranty Deed in Lieu of Condemnation more particularly described as follows: A parcel of land being a portion of Tract 2, Stone Quarry Commons as recorded under Reception No. 691970, also being located within Section 17, Township 7 South, Range 95 West of the 6's P.M., Battlement Mesa, Garfield County, Colorado, being further described as follows: Beginning at the Northwest corner of Battlement Cemetery as described under Reception No. 368453, also being a point whence the WV. corner of said Section 17 bears South 05°49'25" West a distance of 485.86 feet; thence along the Northerly boundary of said Battlement Cemetery South 59'05'08" East a distance of 454.60 feet; thence North 01'06'06" East a distance of 606.53 feet to a point on the Southerly boundary of Tract 1, Lot 2 Stone Quarry Commons; thence along said Southerly boundary North 56°52'14" West a distance of 134.39 feet to the Southeast corner of Tract 1, Lot 1 Stone Quarry Commons; thence along the Southerly boundary of said Tract 1, Lot 1 the following two (2) courses: North 56'50'27" West a distance of 70.07 feet; thence North 88°54'08" West a distance of 221.11 feet to a point on the Easterly right-of-way line of Stone Quarry Road; thence along said Easterly right-of-way South 01°06'06" West a distance of 488.97 feel to the Point of Beginning. SUBJECT TO easements, restrictions, reservations and rights of way of record, or situate and in use. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-1. TRK3 AND 4 LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for PLANNED UNIT DEVELOP- MENT ZONE DISTRICT MAP AMENDMENT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT l (v. Signature Date: 1 Christopher L. Coyle, Authorized Agent Print Name Mailing Address: P.O. Box 6000 Battlement Mesa, CO 81636 10/2004 Page 4 STATEMENT OF AUTHORITY This Statement of Authority relates to an entity named BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-1, TRKS 3 AND 4 LLC, doing business as BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-1, TRK3 AND 4 LLC. 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The name and position of each person authorized to represent the entity in connection with the application by the entity filed with the Board of County Commissioners, Garfield County, State of Colorado, for a Planned Unit Development Zone District Map Amendment in connection with certain real property situated within the Battlement Mesa P.U.D., County of Garfield and State of Colorado: Eric Schmela, Authorized Agent, or Christopher L. Coyle, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. `ir Executed this (I day of January, 2008. BATTLEMENT a Colorado limite By ESA LA bility D INVESTMENTS PARCEL 5-1, TRK3 AND 4 LLC, ompany is S '411 STATE OF COLORADO Christol h ) ss. COUNTY OF GARFIELD 7 a, Authorize A en r L. Coyle, Au ori e Agent The foregoing instrument was acknowledged before me this ( day of January, 2008, by Eric Schmela as and Christopher L. Coyle as Authorized Agents of Battlement Mesa Land Investments Parcel 5-1 Trk3 and 4 LLC. Witness my hand and official seal. My commission expires: �f a SALLYGEIB VAGNEUR NOTARY PUBLIC STATE OF COLORADO My Commission Expires 0610112008 a, Notary Public Cjc;11T UL -G" -IUB v`- STATEMENT OF Au rlioury This Statement of Authority relates to an entity named BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-I, TRKS 3 AND 4 LLC, doing business as IJATTLEINIENT MESA LAND INVESTMENTS PARCEL 5-I, TRK3 AND 4 LLC. 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The names and positions of each person authorized to execute instruments conveying, encumbering, rezoning or otherwise affecting title to real property on behalf of the entity are: Community Holdings West, Inc., a Colorado corporation, Managing Member, by Eric Schmela, Authorized Agent, or Eric Schmela, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this 7 day of January, 2008. BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-1, TRK3 ANI) 4 LLC, a Colorado limited liability company Community Ho s W t, Inc., a Colorado corporation, Managing Member By: Eric i thorized Agent Eric Schmt. ', • ut orized Agent STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this _ % day of January, 2008, by Eric Schmela as Authorized Agent of Community Holdings West, Inc., Managing Member of Battlement Mesa Land Investments Parcel 5-1, Trk3 and 4 LLC, a Colorado limited liability company, and as Authorized Agent of Battlement Mesa Land Investments Parcel 5-1 Trk3 and 4 LLC. Witness my hand and official seal. My co ilQiiii is31..yxh `)OG O SALLY 13EleVAGNEUR NOTARY PU3LIC :3TAfEOFCOLORA0O + rn t. P e,! lrf#rrdvla .rrr s sly Comosslon Expires 0tll01I200p Notary Puhlii3J ,'�} 1c- c 1111iGiltt1V4VR}41411110IL1141114 11111 Reception$: 740456 01102/2000 04 07 60 PM Jean Rlberloo 1 of 2 Roo Fee $11.00 Doc, Fee.O 00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THts DEED, made this _i day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-1, TRK3 and 4 LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See attached Exhibit A SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLEME. LAND INVESTMENTS, LLC a Colorado •r, itycompany By Name: "'"C eta Title: Authorized Agent STATE OF COLORADO ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this r day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: ("I\ n,,,,. i a00e1 NotaryPublic J3. SALLY GEIS VAG:+tEUR NOTARY P(IBL'C STATE OF COLORADO m'CO4M411011N1011ta0110111M v 111111.Ybl'HV,S{WiiPirP47.140141ffIVIKINN 11111 Recapf.ientl: 740456 21 of Z22RRiio Fee0$1100Doc Fee 0 07 0neR0©� GARFIELD COUNTY CO EXHIBIT A Tract 3, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 691970 Tract 4, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No, 691970 (Garfield County Assessor Parcel No. 2407- 172-14-150) GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-2. TRK 5 LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for PLANNED UNIT DEVELOP- MENT ZONE DISTRICT MAP AMENDMENT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT 0/6-(--0 Signature Date: Christopher L. Coyle, Authorized Agent Print Name Mailing Address: P.O. Box 6000 Battlement Mesa, CO 81636 10/2004 Page 4 STATEMENT OF AUTHORITY I. This Statement of Authority relates to an entity named BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-2, TRK 5 LLC. 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The name and position of each person authorized to represent the entity in connection with the application by the entity filed with the Board of County Commissioners, Garfield County, State of Colorado, for a Planned Unit Development Zone District Map Amendment in connection with certain real property situated within the Battlement Mesa P.U.D., County of Garfield and State of Colorado: Eric Schmela, Authorized Agent, or Christopher L. Coyle, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this ( day of January, 2008. BATTLEMENT a Colorado limite By Eric ESA LAND 1 VESTMENTS PARCEL 5-2, TRK 5 LLC bility con .any STATE OF COLORADO ) ss. COUNTY OF GARFIELD a, Authorized A 4 Christopl L. Coyle, Au d Agent The foregoing instrument was acknowledged before me this II day ofJanuary, 2008, by Eric Schmela as and Christopher L. Coyle as Authorized Agents of Battlement Mesa Land Investments Parcel 5-2, TRK 5 LLC. Witness my hand and official seal. My commission expires: N. SALLY GEIB VAGNEUR NOTARY PUBLIC STATE OF COLORADO My Commission Expires 0610112008 Notary Pub ie STATEMENT OF AUTHORITY This Statement of Authority relates to an entity' named BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-2, TRK 5 LLC 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The navies and positions of each person authorized to execute instruments conveying, encumbering, rezoning or otherwise affecting title to real property on behalf of the entity are: Community Holdings West, Inc., a Colorado corporation, Managing Member, by Eric Schmela, Authorized Agent, or Eric Schmela, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this 7 day ofJanuary, 2008. BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-2, TRK 5 LLC, a Colorado limited liability company Communit ' oldin est, Inc., a Colorado corporation, Managing Member By: , Eric S ' " a, Authorized Agent STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day ofJanuary, 2008, by Eric Schmela as Authorized Agent of Community Holdings West, Inc., Managing Member of Battlement Mesa Land Investments Parcel 5-2, Trk 5 LLC, a Colorado limited liability company, and as Authorized Agent of Battlement Mesa Land Investments Parcel 5-2 Trk 5 LLC. Witness niy hand and official seal. My commission expires: V\\ SALLY t3EIB'/ACNE YrARY PUBLIC fAi.E. OF COLORADO 'Ay Commission Expires 06/01/2009 aoo y (1 0 Notary Publip • MIK kbrrtimowrmeigefra boil Reeeptlona: 740457 erco 1 /200R 04022 Rae Fes0Sil 00 Doe Fe7 50 e 0b 00' CARFIELO COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this NI • day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-2, TRK 5 LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETII, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See attached Exhibit A SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND To HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLEMENTpyANDINVESTMENTS, LLC a Colorado l 'ted liabi ' company By Name: E e a Title: Au orized Agent STATE OF COLORADO ss. COUNTY OF' GARFIELD The foregoing instrument was acknowledged before me this 3154- day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: 111o.y f 360`7 Notary Public • • mu"( Gm VAMAIM IR NOTARY PutL,L STATE OF COLORADO My Commission EJ es 05101/2009 v Ell 1111 Receptions: 740457 01/02/2008 04 07 50 PM ban Alberto(' 2 of 2 Roc Fee 411 00 Doo Fee. 0.00 GARFIELD COUNTY CO EXHIBIT A Tract 5, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PliD, according to the plat recorded February 8, 2006 as Reception No. 691970 Garfield County Assessor Parcel No. 2407.172-15.150) GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-2. TRK 6 LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for PLANNED UNIT DEVELOP- MENT ZONE DISTRICT MAP AMENDMENT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Cr -4-3 (e - Signature Date: l I (i (0e Christopher L. Coyle, Authorized Agent Print Name Mailing Address: P.O. Box 6000 Battlement Mesa, CO 81636 10/2004 Page 4 STATEMENT OF AUTHORITY I. This Statement of Authority relates to an entity named BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-2, TRK 6 LLC. 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The name and position of each person authorized to represent the entity in connection with the application by the entity filed with the Board of County Commissioners, Garfield County, State of Colorado, for a Planned Unit Development Zone District Map Amendment in connection with certain real property situated within the Battlement Mesa P.U.D., County of Garfield and State of Colorado: Eric Schmela, Authorized Agent, or Christopher L. Coyle, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. k Executed this (j day of January, 2008. BATTLEMENT M £ ' D INVESTMENTS PARCEL 5-2, TRK 6 LLC a Colorado limite .iti company By Authorized Agent . Coyle, Autl or%zed Agent STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this tit day ofJanuary, 2008, by Eric Schmela as and Christopher L. Coyle as Authorized Agents of Battlement Mesa Land Investments Parcel 5-2, TRK 6 LLC. Witness niy hand and official seal. My commission expires: I\\0.0 l (or> `( SALLY GEIB VAGNEUR NOTARY PUBLIC STATE OF COLORADO • My Commission Expires 06/0112009 Wu, cLAr Notary Public's STATEMENT OF AUTHORITY This Statement of Authority relates to an entity named BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-2, TRK 6 LLC '_. The type of entity is a LINII FM LIABILITY CO:NIPANY. 3. The entity is formed under the laws of CULUR.vUU. 4. The mailing address of the entity is: PO Box 6000, Battlement \lesa, CO 81636 5. The names and positions of each person authorized to execute instruments conveying, encumbering, rezoning or otherwise affecting title to real property on behalf of the entity are: Community Holdings West, Inc., a Colorado corporation, Managing Member, by Eric Schmela, Authorized Agent, or Eric Schmela, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this 7 day ofJanuary, 2008. BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-2, TRK 6 LLC, a Colorado limited liability company Community .Iding By: est, Inc., a Colorado corporation, Managing Member Eric S STATE OF COLORADO ss. COUNTY OF CIARFIELD Authorized Agent lazed Agent The foregoing instrument was acknowledged before me this 74' day ofJanuary, 2008, by Eric Schmela as Authorized Agent of Community Holdings West, Inc., .Managing Member of Battlement Mesa Land Investments Parcel 5-2, Trk 6 L LC, a Colorado limited liability company, and as Authorized Agent of Battlement Mesa Land Investments Parcel 5-2'frk 6 LLC. AVitness my (nand and official seal. My coignllSty1.1:sFL++.:a:^,.Ar VAGNEW NOTARY PUBLIC :;TATE OF COLORADO •Ay Commission goApims ob1 Notary I'uhli� 1111101.KKTMH11 ifil.WHETI14100111.111 11111 Reception$: 710156 01/02/2000 04 07 50 Pa Jean Albarico 1 of 2 Fac FA* 511 00 Doc Foe 0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 315 day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-2, TRK 6 LLC, a Colorado limited liability company, whose legal address is 730 Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNE.SSETII, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See attached Exhibit A SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. 'she Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. !NWT -isms WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ss. COUNTY OF GARFIELD BATTLE a Colored By AND INVESTMENTS, LLC ty company Name: chmela Title: Authorized Agent The foregoing instrument was acknowledged before me this 310- day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments, LLC, a Colorado limited liability company. Witness my hand and official seal.� n My commission expires: J F lazi r BOO S _SOAlclish vNotary Public �r ��. a SALLY GEIS VAGNEUR NOTARY PUBLIC STATE OF COLORADO my :.o,i.:'ss,or. Crt!s nuns /9ajo 1111IFLPITl'Yf11Y11IiY71cN N i11IY lAilli.e.ill Y 11111 Recept. long: 740458 01/U2/2008 04 07 50 PM Jean Alberlco 2 al 2 Rea Fee $11 00 Doo Fee 0 OD GPRFIELD COUNTY CO EXHIBIT A Tract 6, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 69197 (Garfield County Assessor Parcel No. 2407- 171-16-150) GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and BATTLEMENT MESA LAND INVESTMENTS PARCEL 1 LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for PLANNED UNIT DEVELOP- MENT ZONE DISTRICT MAP AMENDMENT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Christopher L. Coyle, Authorized Agent Print Name Mailing Address: P.O. Box 6000 Battlement Mesa, CO 81636 10/2004 Page 4 STATEMENT OF AUTHORITY I. This Statement of Authority relates to an entity named BATTLEMENT MESA LAND INVESTMENTS PARCEL I LLC. 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The name and position of each person authorized to represent the entity in connection with the application by the entity filed with the Board of County Commissioners, Garfield County, State of Colorado, for a Planned Unit Development Zone District Map Amendment in connection with certain real property situated within the Battlement Mesa P.U.D., County of Garfield and State of Colorado: Eric Schmela, Authorized Agent, or Christopher L. Coyle, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. c -t Executed this (I t day ofJanuary, 2008. BATTLEMENT ME = ND INVESTMENTS PARCEL 1 LLC a Colorado limit . Iiabilit company STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this II day ofJanuary, 2008, by Eric Schmela as and Christopher L. Coyle as Authorized Agents of Battlement Mesa Land Investments Parcel I LLC. Witness my hand and official seal. My commission expires: i\kU 1 a0U`j SALLYGEIBVAG N R NOTARY PUBLIC STATE OF COLORADO My Commission Expire. 0610112009 to (") u hac Notary Public • STATEMENT Of AUTHORITY This Statement of Authority relates to an entity named BATTLEM ENT MESA LAND INVESTNIENTS PARCEL I LLC 2. The type of entity' is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The names and positions of each person authorized to execute instruments conveying, encumbering, rezoning or otherwise affecting title to real property on behalf of the entity are: Community Holdings West, Inc., a Colorado corporation, Managing Member, by Eric Schmela, Authorized Agent, or Eric Schmela, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this 7 day ofJanuary, 2008. BATTLEMENT MESA LAND INVESTMENTS PARCEL 1 LLC, a Colorado limited liability company Communit 'din>: est, Inc., a Colorado corporation, Managing Member By: i a Authorized Agent Eric S-,;. - a, Authorized Agent STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this / .LL day ofJanuary, 2008, by Eric Schmela as Authorized Agent of Community Holdings West, Inc., Managing Member of Battlement Mesa Land Investments Parcel I LLC, a Colorado limited liability company, and as Authorized Agent of Battlement Mesa Land Investments Parcel 1 LLC. Witness my hand and official seal. My corm is4wwpics*. SALLY GEI NOTARY PUBLIC t STATE OF COLORADO y..ty.YMJeee MINN. My Commission Exptras O6I0117009 t \_)t4 Notary I'ubF 111IiY+inr,v10,11II,tiriP3/411W1A41011114 i IN J 1111 Receptlonp; 740449 01 a02f 22008 04 R.0 Fee�$111 002 00 nOno Feen n0 00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 307 day of December, 2007, between BATTLEMENT MESA LAND INVESTMENT'S, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS PARCEL 1 LLC, a Colorado limited liability company, whose legal address is 730 Sipprclle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents docs grant, bargain, sell, convoy and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See Exhibit A attached hereto and made a part hereof. SUBJECT TO THE RESERVATION By Gamma of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLEME MESA ND INVESTMENTS, LLC a Colorado limit • . liab' ' company By Name: Eri ela Title: Authorized Agent STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me as Authorized Agent for Battlement Mesa Land Investments LLC, Witness my hand and official se My commission expires: this 3111 day of December, 2007, by Eric i ela a Colorado limited liability comp Notary Public 1iiikl114rbc ,aua111/4111111014/141141111:1111/i IN 11111 Rec.ptiona; 740449 21 oof 22RRao Fes 04 111000 0 DoceFeeQ0b00' GARFIELD COUNTY CO EXHIBIT A A Parcel of land located in unplattcd lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Southerly Right of Way line of the North Battlement Parkway as recorded under Reception Numbers 398268, whence the Northeast Corner of said Section 8 bears N64° 11'55"E a distance of 2907.31 feet, with all bearings being relative to a bearing of N00°58' 10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Southerly Right of Way the following three (3) courses: N77°24'14"W a distance of 104.74 feet; thence 354.34 feet along the arc of a curve to the left, having a radius of 1859.86 feet, a central angle of 10°54'57" and subtending a chord bearing of N82°51'42"W a distance of 353.80 feet; thence N88°19'11"W a distance of 1641.56 feet to the Northeast comer of Lot 4, Block 2 Burning Rock Subdivision as recorded under Reception No. 371427; thence along the Easterly boundary line of said Lot the following two (2) courses: S00°24'07"W a distance of 614.28 feet; thence S52°46'13"P, a distance of 113.13 feet to a point on the Northerly line of a 20 foot Utility Easement No. 34 as recorded under Reception No. 362181, also being the Easterly Boundary line of Burning Rock Subdivision as recorded under Reception No. 371427; thence along said Easterly Boundary line the following four (4) courses: S34°36'19"W a distance of 70.30 feet; thence S07°41'56"E a distance of 41.22 feet; thence 833°37'46"E a distance of 327.58 feet thence S03°37'02"E a distance of 348.69 feet; thence N85°30'26"E a distance of 574.39 feet; thence S64°41'02"E a distance of 104.01 feet; thence S44°44'08"E a distance of 201.49 feet; thence 547°29'41"E a distance of 57.83 feet; thence N86°33'48"E a distance of 63.76 feet; thence N62°39'52"E a distance of 216.09 feet; thence N84°35'43"E a distance of 51.70 feet; thence S59°24'28"E a distance of 33.67 feet to a point on the Westerly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence along said Westerly Right of Way line the following five (5) courses: 58.03 feet along the arc of a non -tangent curve to the right having a radius of 1050.00 feet, a central angle of 03°09'59" and subtending a chord bearing of N33°54'00"E a distance of 58.02 feet; thence N35°28'59"E a distance of 668.74 feet; thence 379.48 feet along the arc of a curve to the lett, having a radius of 950.00 feet, a central angle of 22°53'14" and subtending a chord bearing of N24°02'22"E a distance of 376.97 feet; thence N 12°35'46"E -a distance of 427.56 feet; thence 31.42 feet along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 90°00'00" and subtending a chord bearing of N32°24'14"W a distance of 28.28 feet to the point of beginning. Said Parcel contains 57.68 acres more or less. Said Parcel is subject to easements and encumbrances of record GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with applications) GARFIELD COUNTY (hereinafter COUNTY) and BATTLEMENT MESA LAND INVESTMENTS PARCEL 2 LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for PLANNED UNIT DEVELOP- MENT ZONE DISTRICT MAP AMENDMENT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature U Date: (/ (((o Christopher L. Coyle, Authorized Agent Print Name Mailing Address: P.O. Box 6000 Battlement Mesa, CO 81636 10/2004 Page 4 STATEMENT OF AUTHORITY I. This Statement of Authority relates to an entity named BATTLEMENT MESA LAND INVESTMENTS PARCEL 2 LLC. 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The name and position of each person authorized to represent the entity in connection with the application by the entity filed with the Board of County Commissioners, Garfield County, State of Colorado, for a Planned Unit Development Zone District Map Amendment in connection with certain real property situated within the Battlement Mesa P.U.D., County of Garfield and State of Colorado: Eric Schmela, Authorized Agent, or Christopher L. Coyle, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this I( day of January, 2008. BATTLEMENT MESA AND INVESTMENTS PARCEL 2 LLC a Colorado lim liabili company STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this j1 day ofJanuary, 2008, by Eric Schmela as and Christopher L. Coyle as Authorized Agents of Battlement Mesa Land Investments Parcel 2 LLC. Witness my hand and official seal. My commission expires: 011,a_ 0005. st................ L ALLYGEIB VAGNEUR NOTARY PUBLIC STATE OF COLORADO My Commlealon Expires 05/01/2009 \V uckQhs, Notary Publc STATEMENT OF AUTHORITY This Statement of Authority relates to an entity named BATTLEMENT MESA LAND INVESTMENTS PARCEL 2 LLC 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The names and positions of each person authorized to execute instruments conveying, encumbering, rezoning or otherwise affecting title to real property on behalf of the entity are: Community Holdings West, Inc., a Colorado corporation, Managing Member, by Eric Schmela, Authorized Agent, or Eric Schmela, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this 7 day ofJanuary, 2008. BATTLEMENT MESA LAND INVESTMENTS PARCEL 2 LLC, a Colorado limited liability company Community dings -st, Inc., a Colorado corporation, Managing Member By: STATE OF COLORADO )ss. COUNTY OF GARFIELD Authorized Agent The foregoing instrument was acknowledged before me this tilt day ofJanuary, 2008, by Eric Schmela as Authorized Agent of Community Holdings West, Inc., Managing Member of Battlement Mesa Land Investments Parcel 2 LLC, a Colorado limited liability company', and as Authorized Agent of Battlement Mesa Land Investments Parcel 2 LLC. Witness niy hand and official seal. My commission expires: Ian ✓+ <fl r.Wr of 9 1PO4 d- VJJ • SALLY GEIS VAGNEUR NOTARY PUBLIC STATE OF COLORADO My Commission Et;ires 011,014009 Notary Public' VIIIhY+lrnrMlr,imiliptuieIlArocicrixiLIMw 11111 Recr•tlona: 740450 101102/2000o1 2Fee ec 4 02 110000MDoc Foep0.00a GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 31s7 day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS PARCEL 2 LLC, a Colorado limited liability company, whose legal address is 73G Sipprellc Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents docs grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See Exhibit A attached hereto and made a part hereof. SUBJECT TO TIIE RESERVATION By GRANTOR of all Grantor's interests in minerals and mineral rights, ' including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND To HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLE ENT MESA L r INVESTMENTS, LLC a Colorado li ,•,, Iia.' ' company By Name: meta Title: Authorized Agent STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this 31" day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Q /� /ce Notary Pub Ic Z 1111116MIX5WFIll,P400frilltiNillynAh0.4111 111111 Recapt Iong; 740450 01 0212008 04 02 00 PM Jean Alberloo 2 or 2 Roc Fee. $11.00 Doc Fos 0 00 GARFIELD COUNTY CO EXHIBIT A A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line for Spencer Parkway as recorded under Reception No. 541093 whence the Northeast Comer of said Section 8 bears N51°02'39"E a distance of 4204.64 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence N59°24'28"W a distance of 33.67 feet; thence 884°35'43"W a distance of 51.70 feet; thence S62°39'52"W a distance of 216.09 feet; thence S86°33'48"W a distance of 63.76 feel; thence N47°29'41"W a distance of 57.83 feet; thence N44°44'08"W a distance of 201.49 feet; thence N64°41'02"W a distance of 104.01 feet; thence S85°30'26"W a distance of 574.39 feet to a point on the Easterly Boundary line of Block 2, Burning Rock Subdivision as recorded under Reception No. 371427; thence along said Easterly Boundary line the following six (6) courses S45°48'25"W a distance of 298,35 feet; thence S36°45'12"W a distance of 68.78 feet; thence S19°32'24"W a distance of 317.57 feet; thence S18°04'52"W a distance of 162.89 feet; thence S24°12'31"W a distance of 23.36 feet; thence S53°01'14"E a distance of 75.63 feet; thence S 16°44'10"W a distance of 733.77 feet; thence 573°15'50"E a distance of 736.08 feet; thence S70°42'38"E a distance of 60.44 feet; thence S84°07'30"E a distance of 64,54 feet; thence S69°57'06"E a distance of 63.31 feet; thence S62°23'49"E a distance of 69.25 feet; thence S52°57'45"E a distance of 120,64 feet thence S63°09'20"E a distance of 83.59 feet; thence S73°00'34"E a distance of 59.43 feet to a point on said Westerly Right of Way line for Spencer Parkway; thence along said Westerly Right of Way line N30°59'00"E a distance of 150.82 feet; thence leaving said Westerly Right of Way S70°49'20"E a distance of 819.47 feet to the Westerly Boundary line of a Parcel of land described in Special Warranty Deed recorded under Reception No. 727519; thence along said Westerly Boundary line the following three (3) courses: 105.26 feet along the am of non -tangent curve to the left, having a radius of 1460.00 feet, a central angle of 04°07'50" and subtending a chord bearing of N26°30'21"E a distance of 105.23 feet; thence N24°26'26"E a distance of 486,76 feet; thence 121.62 feet along the arc of a curve to the left, having a radius of 460.00 feet, a central angle 15°08'53" and subtending a chord bearing of N16°51'59"W a distance of 121.26 feet; thence continuing 74.60 feet along an arc to the left, having a radius of 460.00 feet, a central angle of09°17'33" and subtending a chord bearing of N04°38'46"E a distance of 74.52 feet; thence N00°00'00"W a distance of 422.89 feet to the Southeast Corner of a Parcel of land described under Reception No. 502529; thence along the Southerly Boundary line of said Parcel the following three (3) courses: N56°45'01"W a distance of 317.60 feet; thence N74°24'26"W a distance of 223.22 feet; thence N50°57'10"W a distance of 171.76 feet to the Easterly Right of Way of said Spencer Parkway; thence along said Easterly Right of way 396.39 feet along the arc of a non•tangent curve to the right, having a radius of 950.00 feet, a central angel of 2394'25" and subtending a chord bearing of N17°54'03"E a distance of 393.52 feet; thence leaving said Easterly Right of Way N35°39'18"W a distance of 108.82 feet to the point of beginning. Said Parcel contains 76.26 acres more or less and is subject to easements and encumbrances of record. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application GARFIELD COUNTY (hereinafter COUNTY) and BATTLEMENT MESA LAND INVESTMENTS PARCEL 3 LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for PLANNED UNIT DEVELOP- MENT ZONE DISTRICT MAP AMENDMENT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date:( ( Christopher L. Coyle, Authorized Agent Print Name Mailing Address: P.O. Box 6000 Battlement Mesa, CO 81636 10/2004 Page 4 STATEMENT OF AUTHORITY I. This Statement of Authority relates to an entity named BATTLEMENT MESA LAND INVESTMENTS PARCEL 3 LLC. 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The name and position of each person authorized to represent the entity in connection with the application by the entity filed with the Board of County Commissioners, Garfield County, State of Colorado, for a Planned Unit Development Zone District Map Amendment in connection with certain real property situated within the Battlement Mesa P.U.D., County of Garfield and State of Colorado: Eric Schmela, Authorized Agent, or Christopher L. Coyle, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. \ Executed this (� day ofJanuary, 2008. BATTLEMENT MESA LAND INVESTMENTS PARCEL 3 LLC a Colorado lim i lability ompany By C� tela, Authorized Agent Christopher. Coyle, Aut 7 d Agent STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before tie this day ofJanuary, 2008, by Eric Schmela as and Christopher L. Coyle as Authorized Agents of Battlement Mesa Land Investments Parcel 3 LLC. Witness my hand and official seal. My commission expires: (l\Nrv.A6 11 300S SALLY GEIB VAGNEIJR NOTARY PUBLIC STATE OF COLORADO My commission Expires 05/01/2009 Cit Notary Publi ST:ATENIENT OF AUTFIORITY This Statement of Authority relates to an entity named BATTLEMENT MESA LAND INVESTMENTS PARCEL 3 LLC _2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The names and positions of each person authorized to execute instruments conveying, encumbering, rezoning or otherwise affecting title to real property on behalf of the entity are: Community Holdings West, Inc., a Colorado corporation, Managing Member, by Eric Schmela, Authorized Agent, or Eric Schmela, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this 7 day of January, 2008. BATTLEMENT MESA LAND INVESTMENTS PARCEL 3 LLC, a Colorado limited liability company Commu ' oldi By: West, Inc., a Colorado corporation, Managing Member m ., Authorized Agent Eric 5 di a, Authorized Agent STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me thisf114- ( clay ofJanuary, 2008, by Eric Schmela as Authorized Agent of Community Holdings West, Inc., Managing Member of Battlement Mesa Land Investments Parcel 3 L LC, a Colorado limited liability company, and as Authorized Agent of Battlement Mesa Land Investments Parcel 3 LLC. Witness my hand and official seal. My commission expires: SALLY IB VAGI UR NOTARY PUBLIC STATE OF COLORADO tMy Commission Expires 0810112009 0 Notary Public �l iiia +a1E7NAPIa PIAN INAIM 01116) ICON 111111 'Vee.ticnh; 740451 01/0212000 04:0450 PM Jean Alberlco 1 of 2 Rep Fee411.00 Doo Fee:0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 3151. day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS PARCEL 3 LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See Exhibit A attached hereto and made a part hereof. SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLEMEN.. ESA LA a Colorado limi By Name: Eric Title: Authorized Agent STATE OF COLORADO ss. COUNTY OF GARFIELD VESTMENTS, LLC any The foregoing instrument was acknowledged before me this 31" day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments LLC, a Colorado limited liability company Witness my hand and official seal. My commission expires: C‘,/gl-k /pg 1111 iYbSVi ANJI,IVrNt,4i1'vvs'n14uLlii' iu II III 01/02/200 740451 8 04 04 60P11 Jun Rlberioo 2 of 2 Roo Fn;411.00 0°o Fee:0.00 GRRFIELO COUNTY CO EXHIBIT A A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Sections 7, 8, 18 & 17 Township 7 South, Range 95 West of' the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line for Spencer Parkway as recorded under Reception No. 541093 whence the Northeast Corner of said Section 8 bears N40°50'16"E a distance of 5894.33 feet, with all bearings being relative to a bearing of N0O°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Comer of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Comer of said Section 8; thence N73°00'34"W a distance of' 59.43 feet; thence N63°09'20"W a distance of 83.59 feet; thence N52°57'45"W a distance of 120.64 feet; thence N62°23'49"W a distance of 69.25 feet; thence N69°57'06"W a distance of 63.31 feet; thence N84°07'30"W a distance of 64.54 feet; thence 6170°42'38"W a distance of' 60.44 feet; thence N73°15'50"W a distance of 736.08 feet to a point on the Easterly boundary line of Burning Rock Subdivision as recorded May 28, 1986 under Reception No. 371427; thence along said Easterly boundary line the following three (3) courses: S16°44'1 0"W a distance of 759.48 feet; thence S65°00'15"W a distance of 1143.06 feet; thence S0I°42'35"W a distance of 335.15 feet to a point on the Northerly boundary line of Willow Creek Village, Section 2 as recorded December 8, 1981 as Reception No. 322310; thence along said Northerly boundary line the following five (5) courses: 329°17'15"E a distance of 310.72 feel; thence S81°11'11"E a distance of 580.86 feet; thence S58°05'59"E a distance of 115.43 feet; thence N82°36'07"E a distance of 108.66 feet; thence S01 °05'52"W a distance of 159.34 feet to the Northwest corner of a a Parcel of land described under Reception No. 316688; thence along the boundary line of said Parcel for following two (2) courses; S88°54'08"E a distance of 208.92; thence SOl °05'52"W a distance of 220.21 feet to a point on the Northerly right of way line of South Battlement Parkway as recorded under Reception No. 398297; thence along said Northerly Right of Way line the following four (4) courses: 132.67 feet along the arc of a curve to the right, having a radius of 622.96 feet, a central angle of 12°12'09" and subtending a chord bearing of S70°23'20"E a distance of 132.42 feet; thence S64°17'16"E a distance of 231.81 feet; thence 264.69 feet along the arc of a curve to the left, having a radius of 522.96 feet, a central angle of 29°00'00" and subtending a chord bearing of S78°47'16"E a distance of 261.88 feet; thence N86°42'44"E a distance of 103.85 feet to a point on the Westerly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence along said Westerly Right of Way line the following two (2) courses: 27.09 feet along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 77°36'IS" and subtending a chord bearing of N47°54'35"E a distance of 25.07 feet; thence N09°06'26"E a distance of 386.00 feet to a point on the boundary line of First Eagles Point as recorded September 22, 2004 under Reception No. 660191; thence along said boundary line of First Eagles Point the following Seventeen (17) courses: N54°07'28"W a distance of 314.02 feet; thence N55°41'19"W a distance of 265.45 feet; thence N78°39'50"W a distance of 296.32 feet; thence N81°45'01"W a distance of 297.02 feet; thence N81°57'04"W a distance of 145.63 feet; thence N75°45'00"W a distance of 370.19 feet; thence N22°01'45"W a distance of 154.99 feet; thence N06°18'36"W a distance of 114.85 feet; thence N54°39'55"E a distance of 55.12; thence N59°01'20"E a distance of 77.70 feet; thence N72°50'04"E a distance of 193.51 feet; thence S77°45'09"E a distance of 177.92 feet; thence S73°14'55"E a distance of 425.47 feet; thence N54°40'52"E a distance of 470.22 feet; thence S84°56'46"E a distance of 248.40 feet; thence S65°52'14"E a distance of 148.32 feet; thence S26°51'31"E a distance of 82.97 feet to a point along said Spencer Parkway Westerly Right of Way the following two (2) courses: 105.35 feet along the arc of a non -tangent curve to the right, having a radius of 650.00 feet, a central angle of 09°17'12" and subtending a chord bearing of N26°20'24"E a distance of 105.24 feet; thence N30°59'00"E a distance of 846.41 feet to the point of beginning. Said Parcel contains 52.80 acres more or less. Said Parcel is subject to easements and encumbrances of record. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and BATTLEMENT MESA LAND INVESTMENTS PARCEL 6 LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for PLANNED UNIT DEVELOP- MENT ZONE DISTRICT MAP AMENDMENT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT «&L %(1 ( JSignature Date: 1(11(o Christopher L. Coyle, Authorized Agent Print Name Mailing Address: P.O. Box 6000 Battlement Mesa, CO 81636 10/2004 Page 4 STATEMENT OF AUTHORITY This Statement of Authority relates to an entity named BATTLEMENT MESA LAND INVESTMENTS PARCEL 6 LLC. 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The name and position of each person authorized to represent the entity in connection with the application by the entity filed with the Board of County Commissioners, Garfield County, State of Colorado, for a Planned Unit Development Zone District Map Amendment in connection with certain real property situated within the Battlement Mesa P.U.D., County of Garfield and State of Colorado: Eric Schmela, Authorized Agent, or Christopher L. Coyle, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this h t day of January, 2008. BATTLEMENT MESA LAND INVESTMENTS PARCEL 6 LLC a Colorado lire liability •mpany By nela, Authorized Age Christop/'ieL. Coyle, AuAgent STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this «t day ofJanuary, 2008, by Eric Schmela as and Christopher L. Coyle as Authorized Agents of Battlement Mesa Land Investments Parcel 6 LLC. Witness my hand and official seal. My commission expires: lin 1 s <)069 SALLY GEIB VAGNEUR NOTARY PUBLIC STATE OF COLORADO My Commission Expires 06/01/2009 Notary Pubh STATEMENT OF AUTHORITY This Statement of Authority relates to an entity named BATTLEMENT MESA LAND INVESTMENTS PARCEL 6 LLC 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is tormed under the laws of COLORADO. 4. 'Elle mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The names and positions of each person authorized to execute instruments conveying, encumbering, rezoning or otherwise affecting title to real property on behalf of the entity are: . Community Holdings West, Inc., a Colorado corporation, Managing Member, by Eric Schmela, Authorized Agent, or Eric Schmela, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this 7 day of January, 2008. BATTLEMENT MESA LAND INVESTMENTS PARCEL 6 LLC, a Colorado limited liability company Community Hol st, Inc., a Colorado corporation, Managing Member By: refrir a, Authorized Agent Eric Sc AC t� ed Agent STATE OF COLORADO ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before nye this 94- day ofJanuary, 2008, by Eric Schmela as Authorized Agent of Community Holdings West, Inc., :Managing Member of Battlement Mesa Land Investments Parcel 6 LLC, a Colorado limited liability company, and as Authorized Agent of Battlement Mesa Land Investments Parcel 6 LLC. Witness my hand and official seal. My come fission e.xpires:_j'q 1 ate SALLY GEIS VAGNEl1R NOTARY PUBLIC STALE OF COLORADO My Commission Expires 05/01/2009 COD- Nolary Publi 1111i4FGslyd'�CIIIiGW��P4��velrinNilii'IYWr�r�f�i�'� HITT R.c.pt ion#: 740452 01/0212000 04.04 50 PM Jun Rlberico 1 of 2 Rep F.. S11. 00 Doc Fes 0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 3lsl day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND 'INVESTMENTS PARCEL 6 LLC, a Colorado limited liability company, whose legal address is 73G Sipprclle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and Slate of Colorado described as follows: See Exhibit A attached hereto and made a part hereof. SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch tights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WETNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLE ENT MESA LA D INVESTMENTS, LLC a Colorado ll liabili mpany By Name: Enc unela Title: Authorized Agent STATE OF COLORADO ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this 31' day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: q-1-1/4 OP> r 1` Notary Public s-•� 2 1111Ina54'IT,1,111,1WS1!,4ih'hl1CL' fth' 11111 Receptlona: 740452 0110212000 04 04 50 PM Jun Nlbericc 2 or 2 Roc Fa S11 00 000 Fee 0.00 GARFIELD COUNTY CO EXHIBIT A A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line of the East Battlement Parkway as recorded under Reception Numbers 398268 and 398297, whence the Northeast Corner of said Section 8 bears N22°42'28"E a distance of 3772.70 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Westerly Right of Way line the following two (2) courses: S01 °41'08"W a distance of 407.27 feet; thence S00°59'21"W a distance of 865.52 feet to the Northeast Comer of a parcel of land described in the Special Warranty Deed recorded under Reception No. 727519; thence along the Northerly boundary of said School Parcel the following seven (7) courses: 6176°07'19"W a distance of 854.61 feet; thence N08°46'47"E a distance of 418.88 feet; thence N82°55'19"W a distance of 44.28 feet; thence N63°58'43"W a distance of 279.40 feet; thence N57°48'47"W a distance of 115.39 feet; thence S74°08'54"W a distance of 55.18 feet; thence N6I°13'35"W a distance of 27.90 feet thence 74.60 feet along the arc of a non -tangent curve to the left, having a radius of 460.00 feet, a central angle of 09°17'33" and subtending a chord bearing of N04°38'46"E a distance of 74.52 feet; thence N00°00100"W a distance of 422.89 feet to the Southeast comer of a parcel of land described at Reception No. 502529; thence along the Easterly boundary of said parcel N00°00'00"W a distance of 442.32 feet; thence leaving said Easterly boundary N52°24'27"E a distance of 88.42 feet; thence S64°18'03"E a distance of 428.17 feet; thence S83°43'30"E a distance of 172.14 feet thence S54°03'08"E a distance of 109.24 feet; thence S7l°06'37"E a distance of 73.94 feet; thence S67°01'27"E a distance of 419.92 feet; thence S49°57'25"P, a distance of 110.81 feet to the point of beginning. Said Parcel contains 35.67 acres more or less. Said Parcel is subject to easements and encumbrances of record. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and BATTLEMENT MESA LAND INVESTMENTS PARCEL 7 LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for PLANNED UNIT DEVELOP- MENT ZONE DISTRICT MAP AMENDMENT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature ( ) Date: t/ ((7 z� Christopher L. Coyle, Authorized Agent Print Name Mailing Address: P.O. Box 6000 Battlement Mesa, CO 81636 10/2004 Page 4 STATEMENT OF AUTHORITY I. This Statement of Authority relates to an entity named BATTLEMENT MESA LAND INVESTMENTS PARCEL 7 LLC. 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The nailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The name and position of each person authorized to represent the entity in connection with the application by the entity filed with the Board of County Commissioners, Garfield County, State of Colorado, for a Planned Unit Development Zone District Map Amendment in connection with certain real property situated within the Battlement Mesa P.U.D., County of Garfield and State of Colorado: Eric Schmela, Authorized Agent, or Christopher L. Coyle, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this j( day ofJanuary, 2008. BATTLEMENT MESA LAND INVESTMENTS PARCEL 7 LLC a Colorado limit frti Bility)ompany By /� n� w syrr�uma, .yuuw� Christ her L. Coyle, STATE OF COLORADO ) ss. COUNTY OF GARFIELD ized Agent The foregoing instrument was acknowledged before me this day ofJanuary, 2008, by Eric Schmela as and Christopher L. Coyle as Authorized Agents of Battlement Mesa Land Investments Parcel 7 LLC. Witness my hand and official seal. My commission expires: `01\LN \t LUDc) SALLY GEIB VAGNEUR NOTARY PUBLIC STATE OF COLORADO My Commission Expires 061011200E Notary Pt STATEMENT OF AuTr►oa►TY This Statement of Authority relates to an entity named BATTLEMENT MESA LAN[) INVI STNIENTS PARCEL 7 LLC _2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The navies and positions of each person authorized to execute instruments conveying, encumbering, rezonii g or otherwise affecting title to real property on behalf of the entity are: Community Holdings West, Inc., a Colorado corporation, Managing Member, by Eric Schmela, Authorized Agent, or Eric Schmela, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this 7 day of January, 2008. BATTLEMENT MESA LAND INVESTMENTS PARCEL 7 LLC, a Colorado limited liability company Community — , • s • ^est, Inc., a Colorado corporation, Managing Member By: Eric S STATE OF COLORADO ss. COUNTY OF GARFIELD ,'Authorized Agent Authorized Agent The foregoing instrument was acknowledged before vie this 71:1, day ofJanuary, 2008, by Eric Schmela as Authorized Agent of Community Holdings West, Inc., Managing Member of Battlement Mesa Land Investments Parcel 7 LLC, a Colorado limited liability company, and as Authorized Agent of Battlement Mesa Land Investments Parcel 7 LLC. Witness my hand and official seal. My commission expires: In\ 1, . fx5Sj — 4.-•. r 0 SALLY GEIBVAGNEUR _. /tx\. 1, c's_�'e.c;•w.,_.,-fi__._ NOTARY PUBLIC Notary Public , STATE OF COLORADO 0Y►IIMPIIWu'✓✓'�' My CommIl6lnn ExpI16106/0112909 VIII in Fb4'��l ilw� Gi�� P4��4i14'hbJ IIwll MN II II I Receptlona: 740453 01 of 2 Reo 04:04.50ee:10PMDoJean e:0.Alb00r GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 31ST day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS PARCEL 7 LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Bafflement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See Exhibit A attached hereto and made a part hereof. SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditajnents and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLEM a Colorado li By Name: E INVESTMENTS, LLC y company ela Title: Authorized Agent STATE OF COLORADO ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 31" day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: G( iaslk oe IIIIIiWiF'MAPJl,{ !,P10,1 1041e110,IhThi 11111 Recept$onN: 740453 01/02/2000 04:04:50 PM Jean nlb.Nc° 2 of 2 Roc Fee:$I1.00 Deo Fes.0.00 GORFIELD COUNTY CO EXHIBIT A A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Southerly Right of Way line of the North & East Battlement Parkway as recorded under Reception Numbers 398268 and 398297, whence the Northeast Comer of said Section 8 bears N64°I 1'55"E a distance of 2907.31 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Comer of said Section 8; thence along said Southerly & Westerly Right of Way line the following three (3) courses: S77°24' I 1"E a distance of 343.47 feet; thence 1512,78 feet along the arc of a curve to the right, having a radius of 1095.92 feet; a central angle of 79°05'22" and subtending a chord bearing of S37°51133"E a distance of 1395.50 feet; thence S0I°41'08"W a distance of 1038.62 feet; thence N49°57'25"W a distance of 110.81 feet; thence N67°01'27"W a distance of 419.92 feet; thence N71°06'37"W a distance of 73.94 feet; thence N54°03'08"W a distance of 109,24 feet; thence N83°43'30"W a distance of 172.14 feet; thence N64"18'03"W a distance of 428.17 feet; thence S52°24'27"W a distance of 88.42 feet to the Northeast comer of a Parcel of land described at Reception No. 502529; thence along the Northerly boundary line of said Parcel the following two (2) courses: N49°20'08"W a distance of 359.28 feet; thence N79°37'28"W a distance of 224.18 feet to a point on the Easterly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence N35°39'18"W a distance of 108.82 feet to a point on the Westerly Right of Way line of said Spencer Parkway; thence along said Westerly Right of way the following five (5) courses: 58.03 feet along the arc of a non -tangent curve to the right, having a radius of 1050.00 feet, a central angle of 03°09'59" and subtending a chord bearing of N33°54'00"E a distance of 58.02 feet; thence N35°28'59"E a distance of 668.74 feet; thence 379.48 feet along the arc of a curve to the left, havinga radius of 950.00 feet, a central angle of 22°53'14" and subtending a chord bearing of N24°02'22"E a distance of 376.97 feet; thence N12°35'46'7 a distance of 427.56 feet; thence 31.42 feet along the are of a curve to the left, having a radius of 20.00 feet, a central angle of 90°00'00" and subtending a chord bearing of N32°24'14"W a distance of 28.28 feet to the point of beginning. Said Parcel contains 56.17 acres more or less. Said Parcels are subject to easements and encumbrances of record. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and BATTLEMENT MESA LAND INVESTMENTS PARCEL OHS LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for PLANNED UNIT DEVELOP- MENT ZONE DISTRICT MAP AMENDMENT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT A .4 h. Signature • Date: i7t(/0 Christopher L. Coyle, Authorized Agent Print Name Mailing Address: P.O. Box 6000 Battlement Mesa, CO 81636 10/2004 Page 4 STATEMENT OF AUTHORITY I. This Statement of Authority relates to an entity named BATTLEMENT MESA LAND INVESTMENTS PARCEL OHS LLC. 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The name and position of each person authorized to represent the entity in connection with the application by the entity filed with the Board of County Commissioners, Garfield County, State of Colorado, for a Planned Unit Development Zone District Map Amendment in connection with certain real property situated within the Battlement Mesa P.U.D., County of Garfield and State of Colorado: Eric Schmela, Authorized Agent, or Christopher L. Coyle, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this Ili day of January, 2008. BATTLEMENT MESA LAND INVESTMENTS PARCEL OHS LLC a Colorado lir[ed liabili company By STATE OF COLORADO ) ss. COUNTY OF GARFIELD Christopfr) L. Coyle, ed Agent The foregoing instrument was acknowledged before me this lit day ofJanuary, 2008, by Eric Schmela as and Christopher L. Coyle as Authorized Agents of Battlement Mesa Land Investments Parcel OHS LLC. Witness my hand and official seal. My commission expires: Jhn ) a00c/ + SALLY GEIB VAGNEUR 'JOTARY PUBLIC STALE OF COLORADO My col AM Expires 0510112009 (7 1 )0 Notary Publi STATEMENT OF' AUTHORITY This Statement of Authority relates to an entity named BATTLEMENT MESA LAND INVESTMENTS PARCEL OHS LLC 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The names and positions of each person authorized to execute instruments conveying, encumbering, rezoning or otherwise affecting title to real property on behalf of the entity are: Community Holdings West, Inc., a Colorado corporation, Managing Member, by Eric Schmela, Authorized Agent, or Eric Schmela, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this 7 day ofJanuary, 2008. BATTLEMENT MESA LAND INVESTMENTS PARCEL OHS LLC, a Colorado limited liabilit company Commun 4 Ho : it _ est, Inc., a Colorado corporation, Managing Member By: Authorized Agent Eric Schitl�! uthorized Agent STATE OF COLORADO )ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this (-bla day ofJanuary, 2008, by Eric Schmela as Authorized Agent of Community Holdings West, Inc., Managing Member of Battlement Mesa Land Investments Parcel OHS LLC, a Colorado limited liability company, and as Authorized Agent of Battlement Mesa Land Investments Parcel OHS LLC. Witness my hand and official seal. My commission expires: kq , \ , a00`j SALLYIEG B VAGNEUR NOTARY PUBLIC S EATE OF COLORADO My ComnIS&Ian esplwe Q5/0112009 1 � Chi..C� Notary PublicU illlIAFrngilluifP0i11114WI lf4NiJdill Receptlana: 740455 01/02/2000 04 07 50 PM Jean plberloo 1 of 2 Rea Fee $il 00 Dec Fo• 0 00 GARFIELD COUNTY GO SPECIAL WARRANTY DEED t+:.' THIS DEED, made this 315T day of December, 2007, between BATTLEMENT MESA LAND INVESTMENT'S, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND WVESR;MENTS PARCEL OHS LLC, a Colorado limited liability company, whose legal address is 73G *belle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See Exhibit A attached hereto and made a part hereof. SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLE a Colorado li By Name: Title: u orized Agent STATE OF COLORADO ss. COUNTY OF GARFIELD ) D INVESTMENTS, LLC company The foregoing instrument was acknowledged before me this 31" day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments LLC, a Colorado limited liability company. Witness my hand and official seal My commission expires: Notary Public Ito 2- �Ill161.1'rSSYi ANII,Pb111/41IVWZIAvilittliiY*Li 11111 Recepllona: 740455 20t o0322Roo F.07 $type DooPM oFe 0n b 00 GARFIELD COUNTY CO EXHIBIT A A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Easterly Right of Way line of the East Battlement Parkway as recorded under Reception No. 398268, whence the Northeast Corner of said Section 8 hears N29°49'10"E a distance of 2672.29 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Easterly Right of Way line the following two (2) courses: 126.66 feet along the arc of a curve to the right, having a radius of 1195.92 feet, a central angle of 06°04'05" and subtending a chord bearing of S0I°20'54"E a distance of 126.60 feet; thence S01°41'08"W a distance of 1445.16 feet to a point on the boundary line of said unplatted lands of Battlement Mesa PUD; thence along said boundary line S88°43'14"E a distance of 993.55 feet; to the Southwest Corner of Lot 1, Block 1, The Highlands Filing 1 according to the Final Plat thereof recorded under Reception No. 344062; thence along the boundary of said Lot 1 the following six (6) courses: N01°16'46"E a distance of 325.00 feet; thence N16°26'22"E a distance of 62.35 feet; thence N48° 16'46"E a distance of 58.00 feet; thence S88°43'14"E a distance of 180,00 feet; thence S0l°16'46"W a distance of 60.00 feet; thence S35°04'04"E a distance of 97,85 feet to the East Boundary Line of said Section 8; thence along said East Boundary line N01°33'31"E a distance of 1028.10 feet to the East 1/4 Corner of said Section 8; thence continuing along the East Boundary line of said Section 8 N00°58'10"E a distance of 96.88 feet; thence N81°37'17"W a distance of 1300.28 feet to the point of beginning. Said Parcel contains 41.35 acres more or less. Said Parcel is subject to easements and encumbrances of record. 1111 hAPCINAH1i,Wiii!linliglerli tiINiIflig 11 III Reception#: 748195 12/28/2007 03:10:26 PM Jean Alberico 1 of 3 Rao Fee:$16.00 Doc Fee.0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED IN LIEU OF CONDEMNATION THIS DEED, made this 28th day of December, 2007, between COMMUNITY HOLDINGS WEST, INC. a Colorado Corporation, (Grantor), and GRAND VALLEY FIRE PROTECTION DISTRICT, a Special District as empowered by the law of the State of Colorado, whose legal address is 1777 S. Battlement Parkway, PO Box 295, Parachute, CO 81635, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, in lieu of the previously authorized exercise of eminent domain by the Board of Directors of the Grand Valley Fire Protection District pursuant to C.R.S. 32-1-1002 (b), all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: A parcel of land being a portion of Tract 2, Stone Quarry Commons as recorded under Reception No. 691970, also being located within Section 17, Township 7 South, Range 95 West of the 61h P.M., Battlement Mesa, Garfield County, Colorado, being further described as follows: Beginning at the Northwest corner of Battlement Cemetery as described under Reception No. 368453, also being a point whence the W% corner of said Section 17 bears South 05°49'25" West a distance of 485.86 feet; thence along the Northerly boundary of said Battlement Cemetery South 59°05'08" East a distance of 454.60 feet; thence North 01°06'06" East a distance of 606.53 feet to a point on the Southerly boundary of Tract 1, Lot 2 Stone Quarry Commons; thence along said Southerly boundary North 56°52'14" West a distance of 134.39 feet to the Southeast corner of Tract 1, Lot 1 Stone Quarry Commons; thence along the Southerly boundary of said Tract 1, Lot 1 the following two (2) courses: North 56°50'27" West a distance of 70.07 feet; thence North 88°54'08" West a distance of 221.11 feet to a point on the Easterly right-of-way line of Stone Quarry Road; thence along said Easterly right-of-way South 01°06'06" West a distance of 488.97 feet to the Point of Beginning. Subject to the reservation by Grantor of all mineral rights and water rights appurtenant to the real property. Subject to easements, restrictions, reservations and rights of way of record, or situate and in use, including those set forth on Exhibit A attached hereto and made a part hereof. TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. Likt.Lin-t. � .t P,c.o; CcriorP,5 4.‘c r - 177'7 5'o h r-gb-s^-'- - % ?0 30c9s co gtG�s C 1111 tfi+�rNCANd�aill1��1�G1,4iI�N�rliN�w�41.1iMill11111 Reception#: 740195 12/2812007 03.10:26 PM Jean nlberioo 2 of 3 Reo Fee:E16.00 Ooo Fee.0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ) ss. COUNTY OF GARFIELD COMMU DINGS WEST', INC. A Colo',r, ration By Nam Title: Schmela Authorized Agent The foregoing instrument was acknowledged before me this 28th day of December, 2007, by Eric Schmela as Authorized Agent for Community Holdings West, Inc., a Colorado Corporation. Witness my hand and official se I. My commission expires: 01/..2. -\CB Notary Public 1111Kg waMIi,14a;,1,41, ,WW,1a,ti IIiiii Reception#; 740195 12/20/2007 03:10,26 PM Jean nlberlco 3 of 3 Rec Fee:$16.00 Doc Fee:0. 00 GRRFIELD COUNTY CO EXHIBIT A 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims df easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter fumished, 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. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all wafer rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. 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 as constructed by the authority of the United States, as reserved in United States Patent recorded November I, 1910 in Book 71 al Page 441. 10. Reservation of all oil, gas and other minerals as reserved by Exxon Corporation and as described in deed recorded April 9, 1981 in Book 569 at Page 301. 11. Utility easement described in declarations recorded June 3, 1985 in Book 669 at Page 788. 12. Terms and conditions of Surface Use Agreement recorded July 8, 1999 in Book 1139 at Page 104. 13. Trench, conduit and vault agreement recorded June 21, 1999 in Book 1135 at Page 966. 14. Easement granted to Comcast of Colorado / Florida, Inc. in instrument recorded March 8, 2005 in Book 1668 at Page 443. (exact location not defined) 15. Terms and conditions of Subdivision Improvements Agreement recorded February 8, 2006 in Book 1770 at Page 784. 16. Easements, rights of way and all other matters disclosed on the plat of Stone Quarry Commons recorded February 8, 2006 as Reception No. 691970. 17, Restriction contained in deed recorded March 9, 2006 in Book 1778 at Page 882 providing that the servient land shall not be used as a location for a convenience store or other business that sells gasoline, diesel, kerosene or other distillates or bio -fuel. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and GRAND VALLEY FIRE PROTECTION DISTRICT (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for PLANNED UNIT DEVELOP- MENT ZONE DISTRICT MAP AMENDMENT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT CD, Signature Dater /DOS David A. Blair, Authorized Agent Print Name Mailing Address: P.O. Box 295 Parachute, CO 81635 10/2004 Page 4 1 STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named GRAND VALLEY FIRE PROTECTION DISTRICT. 2. The type of entity is a SPECIAL DISTRICT. 3. The entity is formed under the laws of COLORADO. 4. The mailing address of the entity is: PO Box 295, Parachute, CO 81635. 5. The name and position of each person authorized to represent the entity in connection with the application by the entity filed with the Board of County Commissioners, Garfield County, State of Colorado, for a Planned Unit Development Zone District Map Amendment in connection with certain real property situated within the Battlement Mesa P.U.D., County of Garfield and State of Colorado: David A. Blair, Authorized Agent. 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38- 30-172, C.R.S. Executed this / day of FE -43,U , 2008. GRAND VALLEY FIRE PROTECTION DISTRICT a Colorado SpQcial District By Namerptig`J, (...Av, Title: fF/(- C- STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this 1 day of /'ebrl-10(11 , 2008, by etflrIC as 17;e6 -(1/16F of Grand Valley Fire Protection District, a Colorado Special District. Witness my hand and official seal. My commission expires: 519/0 DIANA E CONNELL Notary Public State of Colorado David Pesnichak From: Chris Coyle [chrisc©balcombgreen.com] Sent: Tuesday, February 05, 2008 12:31 PM To: David Pesnichak Subject: Battlement Mesa Approval - 1975 Resolution Attachments: Bridge over Colorado River to Battlement Mesa.jpg EXHIBIT iv Bridge over Colorado River to ... Dave: Attached is a picture of the plaque on the bridge crossing the Colorado River that connects Battlement Mesa PUD to Parachute. You will note the date on the plaque is 1977. It is my understanding this bridge was constructed and finished by CDOT in 1977 and constituted a replacement of the bridge that had existed at that location for many years but was narrow, old and unsuitable for the traffic volumes that were projected for that area. Thanks, Christopher L. Coyle, Esq. Balcomb & Green, P.C. P.O. Drawer 790 818 Colorado Avenue Glenwood Springs, CO 81602 Ph: (970) 945-6546 Fax: (970) 945-8902 chrisc@balcombgreen.com The information contained in this electronic mail message is protected by the ATTORNEY/CLIENT AND/OR THE ATTORNEY/WORK PRODUCT PRIVILEGES. It is intended only for the use of the individual(s) named above, and the privileges are not waived by virtue of this having been sent by electronic mail. If the person actually receiving this electronic message or any other reader of the electronic message is not the named recipient, or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone, and delete this message and any attachments. Thank you. 1 FELSBURG HOLT & ULLEV1G engineering paths to transportation solutions February 1, 2008 MEETING MINUTES BATTLEMENT MESA PARKWAY (EXIT 75) /1-70 INTERCHANGE SIGNAL DESIGN FHU Reference No. 07-212 Project Update & Funding Options Meeting Date of Meeting: January 17, 2008 In attendance: Sean Yates Jim Nall Eric Schmela Chris Coyle Doug Stack Juanita Satterfield Christina Trout Jeremy Hahn CDOT Region 3 Traffic Section CDOT Region 3 Traffic Section The Battlement Mesa Partners Balcomb and Green Town of Parachute Town of Parachute Town of Parachute Felsburg Holt & Ullevig Sean.Yeates@dot.state.co.us Jim.Nall@dot.state.co.us Eschmela@battlementmesa.com ChrisCbalcombgreen.com Dougatacg(a�aol.com parata(a parachutecolorado.com ctrout(a�parachutecolorado.com Jeremy. Hahn(&..fhuena.com MEETING PURPOSE To provide a general update on the planning / design effort and solidify CDOT's funding / construction commitment for the 1-70 / Battlement Mesa Parkway (Exit 75) interchange traffic signals. GENERAL DISCUSSION • Eric and Chris provided a general overview of the on-going planning and design process at the 1-70 / Battlement Mesa Parkway (Exit 75) interchange. This discussion included a review of the master traffic studies showing a need for signalization of the interchange, results of the aerial survey, and a summary of previous discussions held between the Town of Parachute, CDOT and Battlement Mesa Partners. It is estimated that the Battlement Mesa Partners have invested $150,000 toward the planning / design effort at the interchange. • FHU provided a brief overview of the conceptual design plans and traffic signal design effort at the 1-70 / Battlement Mesa Parkway (Exit 75) interchange. The conceptual design shows the significant improvements that can be installed along Battlement Mesa Parkway and the 1-70 off ramps to improve traffic flow and the overall operation of the interchange. The current traffic signal design and proposed pole locations account for these significant design changes to prevent future relocation costs in the future. 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 tel .303.721.1440 fax .303.721.0832 www.fhueng.com info@fhueng.com February 1, 2008 Page 2 • A preliminary cost estimate for the two traffic signal locations was prepared and showed the total cost of the traffic signals was estimated to be approximately $318,000. To remain conservative, the estimate utilized unit price data from recently constructed traffic signals along State Highways in CDOT Region 3. • CDOT gave a brief summary of the larger planning efforts that are underway in Parachute which included the interim future improvements at the Battlement Mesa (Exit 75) / 1-70 interchange (as documented in the conceptual design plans), the 1601 study for the proposed secondary access point to the Town of Parachute off Interstate 70 and replacement of the Battlement Mesa (Exit 75) / 1-70 interchange. • CDOT discussed the Region 3 traffic signal program. Currently, CDOT has multiple unsignalized intersections which currently meet warrants for installation of a traffic signal. Priority for installation is based on several factors including traffic volumes, accident rates and budget concerns. For the current fiscal year, the Region 3 budget for traffic signal installation is $350,000. Taking into account the priority ranking system, the 1-70 / Battlement Mesa Parkway interchange ranks as a low priority. Knowing this, CDOT is willing to provide up to $200,000 of funding assistance in the current fiscal year to construct the 1-70 / Battlement Mesa Parkway interchange traffic signals. Since a funding partnership is being developed between CDOT and the Town of Parachute, the traffic signals at the I- 70 / Battlement Mesa Parkway interchange have moved up the priority list and will be constructed within the next year. • Both Battlement Mesa Partners and the Town of Parachute will jointly investigate funding sources to pay for the remaining cost of construction. Based on the to -date money spent by Battlement Mesa Partners ($150,000) and the CDOT commitment of $200,000, it was agreed by all parties that Garfield County and the energy industry should participate in funding as they would directly benefit from the signalization of the interchange. Due to CDOT funding policy, all funding matches must be received from a public agency. Therefore, all private funding sources will be collected by the Town of Parachute and distributed to CDOT. • CDOT and the Town of Parachute agreed to enter into an Intergovernmental Agreement (IGA) which specifies who is responsible for construction, maintenance and funding of the traffic signals. CDOT will work with the Town to set up the IGA scoping meeting. Prior to final signature of the IGA, the Town of Parachute will be required to have a funding commitment in place to pay for the remaining construction cost of the traffic signals. • During the IGA process, CDOT will continue to work with FHU to adjust the traffic signal plans, project specifications and construction cost estimate as needed. February 1, 2008 Page 3 ACTION ITEMS Felsburq Holt & Ullevig • Complete the traffic signal design plans and project specifications to incorporate CDOT comments. • Work with CDOT to adjust the construction cost estimate as necessary. Town of Parachute • Continue to work with CDOT to develop IGA for the construction of the interchange traffic signals. • Discuss funding options with Garfield County. CDOT • Set up IGA scoping meeting with the Town of Parachute. • Review the preliminary cost estimate. These meeting minutes were prepared by Jeremy Hahn (Felsburg Holt & Ullevig). Please contact me at Jeremv.HahnAfhuenq.com or 303-721-1440 for corrections or clarifications. RESOLUTION �i3t,lcl.a,l; WHEREAS, Battlement Mesa, Inc., a corporation, James Hopkins Smith and Diane Hartman Smith, Edward J. Hoaglund and Ida Lee Hoaglund, and Atlantic Richfield Company, a corporation, have made application to the Board of County Commissioners of' Garfield County, Colorado, for a Planned Unit Development amendment to the Zoning Resolution of Garfield County, Colorado, said proposed Planned Unit Development being known as Battlement Mesa Planned Unit Development all as more particularly described in said application; and WHEREAS, said application was referred to the Planning Commission of Garfield County, Colorado, for its approval, disapproval, or recommendation all as provided in Section 8.04 of said Zoning Resolution; and WHEREAS, said application has been submitted to the Planning Depart- ment of Garfield County and to various State and Federal agencies for thorough and complete review thereof resulting in various recommendations from said department and agencies,. all of which recommendations have been presented to said Planning Commission and Board of County Commissioners and now comprise a portion of the record of the proceedings in respect to such appli- cation; and; WHEREAS, the said Planning Commission has certified to the Board of County Commissioners of Garfield County, Colorado, its recommendation that the said application be approved with certain conditions, all as more particularly specified in the certification of saidplanning commiss ion; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado has duly and regularly held a public hearing on said application in conformity with the laws of the State of Colorado and the provisions of said Zoning Resolution; and a WHEREAS, The Board of County Commissioners of Garfield County, Colorado, is now fully advised in the premises in regard to said application; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, that the application for Planned Unit Development amendment to the Zoning Resolution of Garfield County, Colorado, for the Battlement Mesa Planned Unit Development, be and the same hereby is approved but expressly subject to compliance with and fulfillment of the following conditions, to -wit: 1.. Approval by the Garfield County Board of County Commissioners and issuance by the Building Official of a conditional use permit, and any other permits required by the Zoning and other regulations of Garfield County, Com mercia I Colorado, for the construction of a-pr-ed-uetiomscale oil shale processing plant by the applicant in Garfield County. 2. That the school acreage figures as set forth in the plan be adjusted and modified as required to represent actual experience in terms of enroll- ments in the appropriate schools and that additional land be designated and donated for school sites if the same is indicated by actual pupil census figures. 3. That the application and plan be amended to delete the requested height variances from the planned unit development and that these requested variances be considered only at such time as development of the appropriate phase occ u<S. 4. Evidence of ownership of sufficient water rights to provide to the planned unit development an adequate supply of potable water to serve the needs of the proposed development for domestic and related usage. 5. Construction of a bridge across the Colorado River and access roads properly designed to accomodate the volume of traffic which will result at full development of the project, providing access to and from I-70 and other arterial roads. 111 • 6. Furnishing of additional information for inclusion tkr the planned unit development proposal concerning the applicants' previously expressed in- tentions regarding applicants' obligations to provide"educational services. 7. Amendment of the application and plan to include as special uses the extraction and processing of natural resources, as defined in Section 2.02.30 of the Zoning Regulation of Garfield County, Colorado within the areas classified as RURAL DENSITY RESIDENTIAL, LOW DENSITY RESIDENTIAL AND PUBLIC, SEMI-PUBLIC AND RECREATIONAL as more particularly shown on the plan. And that no development of the subject property under said plan or implementation of said plan shall be done until all of the foregoing conditions ‘‘ave „hag been complied with to the satisfaction of the Board of County Commissioners of Garfield County, Colorado. ATTEST: czf/L dee Chair Commissigry r