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HomeMy WebLinkAbout1.0 ApplicationCourtney G. Petre Barbara P. Kozelka Judith A. Whitmore George J. Petre, Of Counsel November 15, 2001 LAW OFFICES RECEIVED NOV 1 6 2001 Telephone PETRE & PETRE, P.C. (970) 945-6521 110 EIGHTH STREET Telecopier POST OFFICE DRAWER 400 (970) 945-4885 GLENWOOD SPRINGS, COLORADO 81602 E-mail - petrelaw@sopris.net Mr. Mark Bear. Garfield County Building & Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Cerise Subdivision Exemption Application Dear Mark: In accordance with our telephone conversation earlier this week, Dennis and Patricia Cerise request that consideration of the exemption application be postponed until April of 2002. Illness in the family makes it very difficult at this time to resolve some inter -family issues in connection with the exemption request, and Dennis works nights in Aspen through the winter and finds it very difficult to manage normal business activities down the valley during the day. The family very much appreciates your consideration in this regard. In the event that something arises that makes it necessary or advisable to proceed sooner, please let me know. Very truly yours, Courtney G. Petre cc: Dennis and Patricia Cerise ..1_00 13:13 FROM:BASALT REALTY INC. ID:9709273763 PAGE S/10 • • OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT SCHEDULE A Our Order # GW224546 5. The land referred to in this Commitment is described as follows: A PARCEL OF LAND LOCAIAJAD IN A PORTION OF GOVERNMENT LOTS 2, 7 AND 8, OF SECTION 32, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO AND ALL OF THE SW1/4SE1/4 OF SECTION 29, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE TRUE POINT OF BES=INNING BEING THE EAST 1/16 CORNER OF SAID SECTION 29 AND SECTION 32; THENCE S. 33 DEGREES 08' 40" W., A DISTANCE OF 391.97 FEET TO A POINT; THENCE S. 03 DEGREES 59' 56" E. A DISTANCE OF 339.61 FEET TO A POINT; THENCE S. 00 DEGREES 28' 49" W., A DISTANCE OF 249.59 FEET TO A POINT; THENCE S. 48 DEGREES 28' 50" W., A DISTANCE OF 138.15 FEET TO A POINT; THENCE S. 01 DEGREES 00' 56" W., A DISTANCE OF 932.39 FEET TO A POINT; SAID POINT BEING ON THE NORTH RIGHT OF WAY LINE OF U.S_ HIGHWAY 82; THENCE N. 79 DEGREES 35' 30" W., ALONG THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY 62 A DISTANCE OF 799.53 FEET TO A POINT; THENCE S. 79 DEGREES 15' 50" W., ALONG THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY 82, A DISTANCE OF 53.85 FEET TO A POINT; THENCE N. 78 DEGREES 56' 10" W., ALONG THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY 82 A DISTANCE OF 295.38 FEET TO A POINT; THENCE N. 02 DEGREES 27' 10" E., ALONG THE EAST LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 637 AT PAGE 200 A DISTANCE OF 273.18 FEET TO A POINT; SAID POINT BEING THE NORTHEAST CORNER OF SAID PARCEL OF LAND; THENCE N. 78 DEGREES 56' 08" W., ALONG THE NORTH LINE OF SAID PARCEL A DISTANCE OF 550.72 FEET TO A POINT; SAID POINT BEING TEE NORTHWEST CORNnR OF SAID PARCEL; THENCE S. 02 DEGREES 27' 10" W., ALONG THE WEST LINE OF SAID PARCEL A DISTANCE OF 273.18 FEET TO POINT; SAID POINT BEING ON 11'1.1E NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY 82; THENCE N. 78 DEGREES 56' 10" W., ALONG THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY 82 A DISTANCE OF 65.35 FEET TO A POINT; SAID POINT BEING ON THE WEST LINE OF SAID GOVERNMENT LOT 7; THENCE N. 03 DEGREES 07' 11" E., ALONG THE WEST LINE OF SAID LOT 7 A DISTANCE OF 1061.81 FEET TO A POINT; SAID POINT BEING THE NORTHWEST CORNER OF SAID LOT 7; THENCE S. 81 DEGREES 17' 42" E., ALONG THE NORTH LINE OF SAID PAGE 2 • s OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT SCHEDULE A Our Order ## GW224546 LOT 7 A DISTANCE OF 652.09 FEET TO A POINT; SAID POINT BEING ON THE NORTH -SOUTH CENTERLINE OF SAID SECTION 32; THENCE N. 01 DEGREES 41' 13" E., ALONG SAID NORTH -SOUTH CENTERLINE OF SAID SECTION 32 A DISTANCE OF 693.38 b'EL1TO A POINT; SAID POINT BEING THE 1/4 CORNER COMMON TO SAID SECTIONS 29 AND 32; THENCE N. 03 DEGREES 14' 16" E., ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 29 ALSO BEING THE WEST LINE OF SAID SW1/4SE1/4 OF SAID SECTION 29 A DISTANCE OF 1368.86 FEET TO A POINT; SAID POINT BEING rah SOUTH -CENTER 1/16 CORNER OF SAID SECTION 29; THENCE S. 89 DEGREES 17' 20" E., ALONG THE NORTH LINE OF SAID SW1/4SE1/4 A DISTANCE OF 1359.72 FEET TO A POINT; SAID POINT BEING THE SOUTHEAST 1/16 CORNER OF SAID SECTION 29; THENCE S. 04 DEGREES 42' 48" W., ALONG THE EAST LINE OF SAID SW1/4SE1/4 A DISTANCE OF 1378.02 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM: TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN SECTION 32- LOT 7 COUNTY OF GARFIELD STATE OF COLORADO mn� PAGE 3 ALTA COMMITMENT SCHEDULE B-2 (Exceptions) Our Order # GW224546 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Standard Exceptions 1 through 5 printed on the cover sheet. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. WATER RIGHTS OR CLAIMS TO WATER RIGHTS. 11. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTL'RSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED February 09, 1898, IN BOOK 12 AT PAGE 471. I2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE CA UNITED STATES AS RESERVED IN UNIrEt) STATES PATENT RECORDED January 19, 1923, IN BOOK 138 AT PAGE 298 AND 299„, AND RECORDED JUNE 22, 1965 IN BOOK 367 AT PAGE 147. ✓' W. THAT Tice, GRANT HEREBY MADE IS RESTRICTED IN ITS EXTERIOR LIMITS TO THE BOUNDARIES OF THE SAID MINING PREMISES, AND TO ANY VEINS OR LODES OF QUARTZ OR OTHER ROCK IN PLACE BEARING GOLD, SILVER, CINNABAR, LEAD, TIN, COPPER, OR OTHER VALUABLE DEPOSITS, WHICH MAY HAVE BEEN DISCOVERED WITHIN SAID LIMITS SUBSEQUENT TO AND WHICH WERE NOT KNOWN TO EXIST ON MAY 20, 1920 AS \i FOUND IN PATENTS RECORDED JANUARY 19, 1923 IN BOOK 138 AT PAGE 298 AND 299.1/ THAT SHOULD ANY VEIN OR LODE OF QUARTZ OR OTHER ROCK IN PLACE BEARING GOLD, SILVER, CINNABAR, TIN, COPPER, OR OTHER VALUABLE DEPOSITS, BE CLAIMED OR KNOWN TO EXIST WITHIN THE ABOVE-DESCRIBED PREMISES AT SAID LAST-NAMED DATE, THE SAME IS EXPRESSLY EXECUTED AND EXCLUDED FROM THESE PRESENTS AS FOUND IN / PATENTS RECORDED JANUARY 19, 1923 IN BOOK 138 AT PAGE 298 AND 299. THAT IN THE ABSENCE OF NECESSARY LEGISLATION BY CONGRESS, THE LEGISLATURE OF COLORADO, MAY PROVIDE RULES FOR WORKING THE MINING CLAIM OR.PREMISES HEREBY GRANTED, INVOLVING EASEMENTS, DRAINAGE, AND OTHER NECESSARY MEANS TO COMPLETE THE DEVELOPMENT THEREOF AS FOUND IN PATENTS RECORDED JANUARY 19, 1923 IN BOOK 138 AT PAGE 298 AND 299. v PAGE 5 13=14 FROMrBASALT REALTY INC. ID -9709273763 4110 41/ ALTA COMMITMENT SCHEDULE B-2 (Exceptions) Our Order 4 GW224546 PAGE 9/10 '/ EXCEPTING AND RESERVING, ALSO, TO THE UNITED STATES OIL, GAS AND POTASH IN THE LAND SO PATENTED, AND TO IT OR PERSONS AUTHORIZED BY IT, THE RIGHT TO PROSPECT FOR, MINE, AND REMOVE SUCH DEPOSITS FROM THE SAME UPON COMPLIANCE WITH THE CONDITIONS AND SUBJECT TO THE PROVISIONS AND LIMITATIONS OF THE ACT OF JULY 17, 1914 (38 STAT. 509), AS RESERVED IN PATENT RECORDED JUNE , 22, 1965 IN BOOK 367 AT PAGE 147. EXCEPTING AND RESERVING, ALSO, TO THE UNITED STATES ALL THE SODIUM IN THE LAND SO'PATENTED, AND TO IT OR PERSONS AUTHORIZED BY IT, THE RIGHT TO PROSPECT FOR, MINE, AND REMOVE SUCH DEPOSITS FROM THE SAME UPON COMPLIANCE WITH THE CONDITIONS, AND SUBJECT TO THE PROVISIONS AND LIMITATIONS OF LER ACT OF JULY 17, 1914 (38 STAT. 509), AS AMENDED BY THE ACT OF MARCH 4, 1933 (47 STAT. 1570), AS RESERVED IN PATENT RECORDED JUNE 22, 1965 IN BOOK 367v, AT PAGE 147. 18. EASEMENTS AND RIG?iTS OF WAY AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND. TELEGRAPH COMPANY IN INSTRUMENT RECORDED SEPTEMBER 2, 1975 IN BOOK 478 PAGE 221. 19. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO ROCKY MOUNTAIN NATURAL GAS COMPANY IN INSTRUMENT RECORDED SEPTEMBER 21, 1992 IN BOOK 842 AT PAGE 135 AND IN INSTRUMENT RECORDED MAY 6, 1993 IN BOOK 861 AT PAGE 613. 20. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO DEPARTMENT OF TRANSPORTATION AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 17, 1992 IN BOOK 850 AT PAGE 81.:-/- 21. 1.x - 21. ACCESS RIGHTS TO AND FROM COLORADO STATE HIGHWAY NO. 82 AS FOUND IN INSTRUMENT RECORDED DECEMBER 17, 1982 IN BOOK 850 AT PAGE 81 AND INSTRUMENT',. RECORDED JULY 6, 1993 IN BOOK 867 AT PAGE 946. 22. TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 24, 1993 IN BOOK 876 AT PAGE 414. 23r EASEMENTS AND RIGHTS OF WAY FOR ROADS, STREETS, HIGHWAYS, DITCHES, CANALS, PIPELINES AND UTILITY LINES AS CONSTRUCTED AND IN PLACE. NOTE: UPON RECEIPT OF A SURVEY, MEETING THE ALTA MINIMUM STANDARDS FOR CONTENT AND ACCURACY, THE EXCEPTION SHOWN ABOVE WILL BE DELETEL>. PROVIDED HOWEVER, THAT LAND TITLE GUARANTEE COMPANY RESERVES TER RIGHT TO ADD ANY EXCEPTIONS IT DEEMS NECESSARY FOR MATTERS DISCLOSED BY SAID SURVEY. PAGE 6 Courtney G. Petre Barbara P. Kozelka Judith A. Whitmore George J. Petre, Of Counsel April 29, 2002 LAW OFFICES PETRE & PETRE, P.C. 110 EIGHTH STREET POST OFFICE DRAWER 400 GLENWOOD SPRINGS, COLORADO 81602 Mr. Mark Bean Garfield County Building & Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Telephone (970) 945-6521 Telecopier (970) 945-4885 E-mail - petrelaw@sopris.net Re: Cerise Subdivision Exemption Application Dear Mark: Just to be certain that our application is "complete", I enclose for your file a list of the owners of land adjacent to the subject parcel or within 200 ft. of its boundaries in any direction. My research does not show any mineral owners other than by way of the reservations in the original U. S. Patent. I enclose copies of the three deeds by which the land (specifically Government Lot 7 out of the whole) came to be in the Mumbert Cerise Family (the entire parcel having been bought by three Cerise brothers in 1925), indicating no reservations, and there have been no reservations in the deeds of transfer within the family. I also enclose a copy of the title commitment exceptions from the policy by which the family transferred the bulk of the ranch to the Cerise Ranch LLC (Wintergreen Homes). The mineral reservations by U. S. Patents in 1923 are reflected on the commitment. Do you think I have to give notice to the U. S. Government? Did the Cerise Ranch Subdivision? I am thinking that I do not and that this is not the kind of mineral owner the statute had in mind, but you are more familiar with it than I, so let me know what you think. Thanks again for your help and patience. Very truly yours, Courtney G. Petre Enclosures cc: Dennis and Patricia Cerise LANDOWNERS WITHIN 200 FEET OF PROPERTY OF DENNIS N. CERISE AND PATRICIA E. CERISE Julian A. Ulrych 16704 Highway 82 Carbondale, CO 81623-9570 Portia A. Carlson, Eric B. Carlson, Bailey D. Sterrett, Leif Carlson, et al. 26575 Routt County Road 33A Steamboat Springs, CO 80487 Cerise Ranch LLC 150 Dahlia Street Denver, CO 80246 S. W. Enterprises, LLC 915 West North Aspen, CO 81611 Charles Brown P. 0. Box 1637 Basalt, CO 81621 • o P P P. co -- cr 0 In, I -I Z H. 1-4) *---• z 0 c+ R. tl c+ - crq ,..7 ,,--..; ci- 4 co '-.. •-•-, 0 0 0 Ci 0 I-3 © 0 P- 0 z--` g Pa co 8 co )0 — 0 1- I --J c+ I r 4 al 1 P c+ &--. --- 1 I C& --.1 o ..d 0 0 cl- P p CJ P. o — 1 0 pa c+ 0 ca .7.- - • 0 M 0 - co - . El cr. P-, co . 0 i— . 4 4 Z CII 1:12 g c -i- H. 15 1-4- 0 = PI CtI 9 0 - X drq 0 - - ,.'1.- r-9 ct- CD 9 c1- GQ 0 ...4 C/1 L \ 7 0 co 1 0 — 0 c+ ct- H., bi 0 -•-• co o ci- m) o - • 0G 1-.• 0 I-1 - ..-. 4 0 P, 0 1--4 0 ,-.. c+ ,-. P 0 1-3 I-3 H. 0.‘ '4 Firl. 0. 0 0 0H. 0 c c,. c+ 1:7' 4 c+ c+ ,... e-7 0 c4 ci- - - 4 c+ CN) :r. 0 0 0' 0 co P.. 11 — al- a) - . 0-• 0 0 co 0 0 .....„ CA al — cA CQ 4 i co 0 t\ Gypsum claims and the 4-) 0 •1-1) co co t_ P0 c+ Poen LO 1[TM uoTqueviT 1.4) t3 A4aedoad qoTqui ;o ST .1 1-0 [—+ PIGTJaut o CI 0 o `.• aeVam PlY3 ({0T� sTaaull Ealq more or less, together *ith-- P.M., and containing c+ 0 0 Fo 0 '01 cT• 0 0. 0.. 0 o 1:0 0 co 'tzt F" i•••• 0 0 oa 0 C.)1 D 0 0 c+ W L:- / c- o F -D-• co -4 P-3 0 0 1-, convey and confirm unto the said z I ° 1,1 0 0 0 0 0 0 1— F 0 0 c. 0 0 0 0 0. c- 0 0 1 .4I 4I No. 349A. WARRANTY DEED—Sin :oral Individual to Individual—olorado—Tho W. Reception No. WARRANTY DEED TO Filed for Record at o'clock M., A. D. 19. Clark and Recorder. for and In consideration of the sum of Itistler Stationery Co„ Denver. 0419rail Made this 4th day of November, in the year of our Lord one thousand nine hundred and til1rty-six and Oscar Cerise, of the County of of Colorado, of the first part, and .I..auri.ne Cerise, between ?0:3 is Cerise Garfield, and State Humbert Corise and of tho County of of Colorado, of the second part: Garfield, and State W ITN ESSETH, That the said part 1e3 Ten and no/100 of the first part, DOLLARS, til to the said part i es of thefirst part In hand paid by the said part i es of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said part i e s of the second part tile illbirs and assigns for - j 'ever all the following described lot S or parcel 3 of land, situate, lying and being in the County of Hi Garfield, and State of Colorado, to -wit: An undivided One IIalf (fl interest in and (7) , light (8), Twenty (20) and Twenty-one (21 and hots Ono (1), Three (3) and Fifteen (15), Township Seven (7) South, Range Eighty -severe Principal Loridian containing two hundred. six: hundredths (265.64 j acres, more or loon, to(;o l;l IIalf (;?-) interest in and to the ftluo Creek P11; Creek and all undivided One Sixth (1/6) in.terec:i- iReed Ditch, taking water :from the Roaring Fork water rights belonging thereto. to I,ots Two (2) , Seven , Section Thirty -tyro (32) , Section Thirty-three (53) , [37) -lost of the Sixth t;•y-:Ci ve and. sixty-four ono ler with are undivided One oh, taking water from Blue t in and.. to the Barris and. River, together with the lug and delivery of these presents, they Eireweli seized of the premises above convoyed, as of good, sure, perfect, absolute and indefeasible estate of Inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and Incumbrances of what ver k ul or nature soever Book 162 save and except Trust Deed dated t�,,ay 14,19213, and �,ecord- �m Booat Page 90 oft the records in the office of the Clerk and R -corder ,arfield County, Colo., and the indebtedness represented thereby the 0 e half thereof,'second parties assume and a.ree to pay, and the above bargained premises in the quiet and peaceable possession of the said part i e S of the Second part, the ir heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part' e s of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, Tho said part 1. OS of the first part have and seal 3 the day and year first above written. led and Delivered in tho Presence of STATE OF COLORADO County of Garfield. I, L;arcus J. Mayes , a Notary Public in and for said County, in the State aforesaid, do hereby certify that Poole Cerise and Oscar Cerise, hereunto sot the ir Be. hands who person 3 whose uameS are subscribed to the foregoing Deed, ,)cnci*Iddgdd,ithat tlio y signed, sealed and delivered the said r,frA© aim fVof tary act and deed for the uses and purposes therein O1v©ri.:uni(der. my )rand and notarial seal, this 4th My psimttltsaton expires January 17th, • 11 1,s 1'. i , •i �•• ......... 14‘ `1;11ti N t l , are personally known to me to be the appeared before me this day in person, and ac - instrument of writing as set forth. day of Tl o v emb e r , A. D. 19 36 . A. D. 19 37 . Notary Public. .\cX) VARRANTY DEED. -O al 415 a a) i i { { 1 1 1 1 w CC) 4.4 v al F1 1 1 1 1 1 1 1 1 1 a d d .a 4 4^ - .0 01 -[ O. "O • d C 0 a" `' ya d TS U m OY F♦ CO r --I. .I. 1 1 1 l 4.1 d C O U a2 m CI) O 0 .O Rd+ O c U w O O an d of the County of of the County of cis a a ,4 A m "C d 1 C▪ .) m 1 0 0 U i >") 1 � c� 1 ^+ 1 0 1 t0+ U 1 1 •3 U a) Fr a) a d "O 0 V2 m as ea a a) 'n a d O Cv? a� U d O. Diit O O a2 a U 02 a� ba c .� r Ten..'.DQ.11z,xo •y O �i M ri v A F•1 11 ai J w t z: 0 ; O � 0 ° d 4 "C : bD a0 O a .0 w 0 w r-) al v a) CD F-1 +? 1 a 43 1"'1 *rl rg A O d m tA. r-i m a R >4 m 4-F 03; .14 ^, trX � V ,r•1 ,-r cD . m • u 3 Cti cD mFa fa+ N 43 Li 07 •!i t m .:� r• -I , 4� O m "1 o' O O:Yvti O;v m @ I'i CD � C S g kci A' vi ci ▪ t a +z: 4 .s~: x hr, +3 O: Fi ,•+ m. +x O 1W` o U i� +3 i+p O .Sd: fiF F~: m 0, • ri Q Fa 0 _[ m 0 O ,rt o *14 S 44ob Ft 014CQ 44 Ft + 4 CD m 0 a g cr o c>z t▪ • ▪ - CO CO: mi' a`: : oi 40 +- •r -C • 0 0 1� n from Blue Creek an taking water o:co▪ i • 1► c i Z • 1 •• kook 343 Page 755 Recorded at _1p:00 ,r'clock A M., Auzust 4 • 1 oF.2 Reception No.-- ;sl,i1.11. • 1.2 uolel 2211/ad f t gP,P,CL KNOW ALL MEN BY THESE PRESENTS THAT MUMBERT CERISE and LAURINE CERISE First Party 17072 State Highway 82 P.O. Box or Street Address Carbondale Colorado 81623 City State Zip e 131114 :r GE;'(;9 Fee $6.00pd t Rerorde LL &iU/1)7'Y • ( �' 'TATE Ftib1,Oi,1i8i .vi * DI individually Li single person D a Colorado Corporation ❑ a Partnership D a Limited Partnership AUG 0 4 1982 saLcialL GARFIELD for and in consideration of ten dollars and other valuable consideration, in hand paid, hereby sells and quitclaims to * ❑ individually MUMBERT CERISE FAMILY CO. ❑ joint tenancy Second Party 0 tenancy in common 17072 State Highway 82 0 a Colorado Corporation P.O. Box or Street Address 0 a Partnership Carbondale Colorado 81623 gl a Limited Partnership City State Zip ❑ a Trust the following described property in the County of Gari i P1 c1 TRACT NO. 1 and State of Colorado: All the following described logs or parcels of land situate, lying and being in the County of Garfield and State of Colorado, to - wit: Lots Two(2), Seven (7), Eight (8), Twenty (20) and Twenty -One (21) , Section Thirty-two (32) , and Lots Orae (1) , Three (3) and Fifteen (15), Section Thirty-three (33), Township Seven (7) South, Range Eighty-seven (87) West of the Sixth Principal Meridian, containing two hundred sixty-five and sixty-four one hundredths (265.64) acres, more or less, together with First Parties' interest in and to the Blue Creek Ditch, taking water from Blue Creek and the Harris and Reed Ditch, taking water from the Roaring Fork River, together with the water and ditch rights belonging thereto. (continued on back) with all its appurtenances, p SIGNED this i -v day of �Jc'�`� , A.D. 19�1`/ STATE OF COLORADO ) ss. COUNTY OF GARFIELD Mum rt Cerise a a rine Ce Cerise The foregoing instrument was acknowledged before me this /2 day of 19 Kv by Mumbert Cerise and Laurine Cerise. •.1.,,,, .r • ,yelos, my hand and official seal. 6Jnmisslon expires i n -.4 y cOmrnission e:cl,; . .0 1234 \, NM. Mark applicable square with x. Slhgular shall include plural as context requires. Ytt otary Public dry n PETRE & ZIMMERMAN P.C. — Form 2 • G) 77 m • . -1 - a� SN N � A • O E `a m o E D z o 't) yn 0 c 0 V , 0 SECOND PARTY AT ADDRESS GIVEN Send future tax statement w 0 O O ON uoi}daaa� LO f0 LSI o 0 pap�oaa� Ainp pue ' W (1) shy} aaq}o JCw ul way paoaaA n 0 1 hereby certify that this instrument was filed for n 0 0 "OCd4:1010o 3O 31V1S TRACT NO. 2 — i 0 BOOK 606 r Gt 37 O All the following described lots or parcels of land, situate, lying and being in the Counties of Garfield and Eagle and State of Colorado, to -wit: Lot 14 and W S',NWINE1/4, Section 33, and the SW^SE'.4 of Section 29, all in Township 7 South, Range 87 West, 6th P.M. TRACT NO. 3 All the following described lots or parcels of land, situate, lying and being in the County of Eagle and State of Colorado, to -wit: The East Half of the Southeast Quarter of Section 36 in Township 6 South and the Lots 5, 6, 10 and 11, the Southeast Quarter of the Northwest Quarter, the East half of the Southwest Quarter, the South IIalf of the Northeast Quarter and the Southeast Quarter of Section 1 in Township 7 South, all in Range 87 West of the Sixth Principal Meridian. Together with all ditch and water rights, if any, appertaining to or used in connection wiLli said. land. Recorded of ( Cy ' M (lC r 1 3 19$3 j4Gr5;31 r.altr,?� r.� t,LSDGRF, FWCORDI=R Recen' r i tun G3 7 ' E20,) • Itceetaid gam! KNOW ALL MEN BY THESE PRESENTS THAT MUMBERT CERISE FAMILY CO. First. Party 17072 Slate Ilighway 82 P.O. Box or Street Address Carbondale, Colorado 81623 City State Zip OCT 13 i.S1 State Doc. Fee * ❑ a Colorado Corporation ❑ a Partnership gl a Limited Partnership for and in consideration of ten dollars and other valuable considerations, in hand paid, hereby sells and conveys to DENNIS N. CERISE and PATRICIA E. CERISE Second Party 17072 State Highway 82 P.O. Box or Street Address Carbondale, Colorado 81623 City State Zip the following described property in the County of Garfield *D individually joint tenancy ❑ tenancy in common ❑ a Colorado Corporation ❑ a Partnership ❑ a Limited Partnership SEE EXIIII3IT "A" ATTACIIED HERE'T'O AND 13Y A PART HEREOF. and State of Colorado: REFERENCE MADE with all its appurtenances and warrants title to the same, except and subject to general property taxes for the current year, U.S. patent reservations and exceptions, any and all easements and rights of way of a public or private nature, planning, zoning and other governmental rules and regulations and prior oil, gas and other mineral reservations and exceptions, if any SIGNED this 13th clay of September STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) A.D. 19 83 MUMBERT CERISE FAMILY CO. By: , , J r�Y_.e-7 :.._2./ � � e -a tit` auTine Cerise, General Partner The foregoing instru•rnent was acknowledged before me this 19 83 Cerise as general partner of the Mumbert Cerise Family Co. 13th day of September, iVp;sfiatjcl,aYld official seal. ';s My corrtrnt siori'expires: 07/06/87 c Oro NOTE: , „ , • If applicable, mark square with x. Singular shell Include plural as context requires. x0,214oL C Address: Notary Puhlic 110 Eighth(.treet Glenwood Springs, CO 81601 • • (i00K 63.7 PAGE2Q1 EXHIBIT "A" A tract of land situated in Lot 7 of Section 32, Township 7 South, Range 87 West of the 6th P.M., Garfield County, Colorado, lying northerly of and adjacent to the Northerly right-of-way line of State Highway No. 82 and being more particularly described as follows: Beginning at a point on the Northerly right-of-way line of said State highway No. 82 whence a stone found in place and properly marked for the Witness Corner to the Northwest Corner of said Section 32 bears N. 79°59'37" W. 234.37 feet and N. 54°26'21" W. 3013.63 feet; thence N. 35°44'26" E. 109.75 feet to a point on a fence as built and in place; thence N. 01°21'48" E. 300.00 feet along said fence; thence S. 79°59'37" E. 550.76 feet; thence S. 01°21'48" W. 400.00 feet to a point on the Northerly right-of-way line of said State Highway No. 82; thence N. 79°59'37" W. 613.44 feet along said Northerly right-of-way line to the point of beginning, containing 5.07 acres more or less. Together with 0.3 c.f.s. adjudicated June 20, 1958, to the Blue Creek Lateral Ditch No. 479, priority date May 1, 1946, .for irrigation and domestic purposes, and reserving a right of way for access and maintenance of said ditch by ditch users. The foregoing is in accordance with Garfield County Commissioners Resolution No. 83-306. -d'd 9-13 P6 9fa/re,,wd eek KNOW ALL MEN BY THESE PRESENTS THAT MUMBERT CERISE FAMILY CO. First Party 17072 STATE HIGHWAY 82 P.O. Box or Street Address CARBONDALE, COLORADO 81623 City State Zip RECORDER * 0 a Colorado Corporation ❑ a Partnership a Limited Partnership for and in consideration of ten dollars and other valuable consideration, in hand paid, hereby sells and conveys to DENNIS N. CERISE and PATRICIA E. CERISE Second Party 16724 STATE HIGHWAY 82 P.O. Box or Street Address CARBONDALE, COLORADO 81623 City State Zip the following described property in the County of Garfield individually joint tenancy tenancy in common a Colorado Corporation a Partnership a Limited Partnership and State of Colorado: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN. s with all its appurtenances and warrants title to the same, except and subject to general property taxes for the current year, U.S. patent reservations and exceptions, any and all easements and rights of way of a public or private nature, planning, zoning and other governmental rules and regulations and prior oil, gas and other mineral reservations and exceptions, if any EXECUTED this _ / 22 day of _ September STATE OF COLORADO COUNTY OF GARFIELD ) ss. ) A.D.xigc2000 MUMBERT CERISE FAMILY CO. By: Richard Cerise; General Partner The foregoing instrument was acknowledged before 44 2000by Richard Cerise as general partner of the Mumbert Cerise Family Co. me this _1 day of September wane�� l 4\\91A(ef /r c,1s,�� \f ss 7-n.; hails at(t.official seal. .0 (RI 0i) „fly 0 0-0' � '°UBil..\G. NOTE: -.%.,(5),),•... * If applIcartrf �ir�tA x. Singular shat liti'441fl,INyfld'iis context requires. No .ry Public THIS DEED COd AINS A NEW LEGAL DESCRIPTION PREPARED Y: High Country Engineering 923 Cooper Avenue Glenwood Springs, CO 81601 PETRE & PETRE P.C. — Form 1 EXHIBIT A TO WARRANTY DEED From Mumbert Cerise Family Co. to Dennis N. Cerise and Patricia E. Cerise A PARCEL OF LAND SITUATED IN THE E1/2NW1/4 SECTION 32. GOVERNMENT LOT 7, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRNCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 33, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE, THENCE S 76°23'23" W A DISTANCE OF 2 7 4.88.FEET TO A POINT ON THE NORTH -SOUTH CENTERLEvE OF SECTION 32, ALSO BEING A PONT ON THE WEST BOUNDARY LThE OF PHASE 1, CERISE RANCH SUBDIVISION, A REBAR AND CAP L.S. 426626 N PLACE, THE POINT OF BEGINNING; THENCE S 01°41'13" W ALONG SAID NORTH -SOUTH CENTERLINE OF SECTION 32, ALSO BEING SAID WESTERLY LLNE OF PHASE 1, CERISE RANCH SUBDIVISION. A DISTANCE OF 1093.06 FEET TO A PONT ON THE NORTHERLY RIGHT-OF- WAY OF STATE HIGHWAY NO. 82, A REBAR AND CAP L.S. 426626 Iii PLACE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY, N 78°56'10" W A DISTANCE OF 66.82 FEET TO A REBAR AND CAP L.S. 426626 Imo! i PLACE; THENCE LEAVDIG SAID RIGHT-OF-WAY, N 02°27' 10" E A DISTANCE OF 273.17 FEET TO A REBAR AND CAP L.S. #26626 N PLACE; TI NCE N 78°56'08" W A DISTANCE OF 550.72 FEET TO A REBAR AND CAP L.S. 426626 IN PLACE: THENCE S 02°27'10" W A DISTANCE OF 273.18 FEET TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 82; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY, N 78°56' 10" W A DISTANCE OF 65.35 FEET; THENCE LE AVNG SAID RIGHT-OF-WAY, N 02°49'32" E A DISTANCE OF 1066.52 FEET TO A REBAR AND CAP ILLEGIBLE N PLACE; THENCE S 80°56'02 E A DISTANNCE OF 658.02 FEET TO THE PONT OF BEG I! G: SAID PARCEL CONTAINING 13.046 ACRES, MORE OR LESS. 09/13/2000 10:46 9709274251 LAND STUDIO 99054.01 CERISE RANCH, GARFIELD COUNTY ( ADJACENT PROPERTY OWNERS ) 1.D 0 DECEMBER 15. 1999 2391-293-00-081 Stirling, Rebecca R. 704 Skipper Lane Carbondale, CO 81623 2391-294-04-027 2391-294-04-011 2391-294-04-012 2391-294-04-029 Stirling, John M. 704 Skipper Lane Carbondale, CO 81623 2391-294-00-079 Levitt, Molly G. P.O. Box 414740 Kansas City, MO 64141-4740 2391-283-00-186 Levitt, Thomas W. P.O. Box 414740 Kansas City, MO 64141-4740 2391-283-00-237 Glen, Stanley Revocable Trust Agreement c/o Jeffrey Glen Trustee 90 Broad Street New York, NY 10004-2205 2391-283-00-238 TRM Corporation of Florida D.B.A. TRM Corporation of Colorado Drawer 700 Jensen Beach, FL 34958-0700 2391-283-00-239 Yager, David 2809 Boston Street #410 Baltimore, MD 21224 2391-284-074 McMechcn, Kenneth D. P.O. Box B El Jebel, CO 81628 2391-332-00-027 Public Service Company of Colorado Atm: Property & Local Taxes 1225 17th Street, Ste. 4(X) Denver, CO 80202-5534 2391-332-01-011 Thunder River Construction, Inc. 0795 Kings Row Avenue Carbondale, CO 81623 2391-332-01-012 Haines, Robert S. & Hclea J. 21 Dakota Court Carbondale, CO 81623-1630 PAGE 04 2391-332-01-013 Sapp, Christopher W. & Fisher, Carolyn M. (Jt) 0292 Rabbit Road Carbondale, CO 81623 2391-332-01-014 Kriz, Don 120 Virginia Road Glenwood Springs, CC) 81601-4148 2391-332-01-001 Eppstein, Michael D. & Laurie (Jt) 996 Cottonwood Lane Glenwood Springs, CO 81601 2391-332-00-023 Dakota Meadows Open Space 2391-332-03-006 Klahn, Janice J. & Leslie H., Jr. 0204 Dakota Meadows Drive Carbondale, CO 81623 2391-332-03-005 Steppe, Norman, Jr. & Jackson, Linda J. 202 Dakota Meadows Drive Carbondale, CO 81623 09/13/2000 10:46 9709274261 Cerise Ranch Adjacent Owners Page 2 December 15, 1999 99054.01 2391-332-03-012 Winograd, Felicia & Gerold, Rolando 198 Dakota Meadows Drive, Unit 5-B Carbondale, CO 81623 2391-332.03-011 Cakmis, Peter DDS 6080 Alpenrose Avenue Jacksonville, FL 32256 2391-332-03-020 Matthews, Susan P. 184 Dakota Meadows Drive Carbondale, CO 81623 2391-332-03-019 Milkovich, James B. & Marta K. (Jt) 182 Dakota Meadows Drive Carbondale, CO 81623-1631 2391-332-03-028 Wyman, Christine P. & Kenneth G. (Jt) 166 Dakota Meadows Drive Carbondale, CO 81623-1631 2391-332-03-027 Formica, Carolyn 164 Dakota Meadows Drive Carbondale, CO 81623-1631 2391-332-03426 Biggers, Ronald L. & Pamela G. Britton 0152 Dakota Meadows Drive Carbondale, CO 81623 2391-332-03-025 King, Ida M. 0150 Dakota Meadows Drive Carbondale, CO 81623 2391-332-03-024 Ohlrich, Patricia A. & James A. 140 Dakota Meadows Drive Carbondale, CO 81623 LAND STUDIO PAGE 05 2391-332-03-023 Belie, Rita Veronica, Trust DTD 3/19/90 7649 East Vista Drive Scottsdale, AZ 85250 2391-332-03-048 Elias, Barbara A. Carbondale, CO 81623 0451 Stagecoach Lane Carbondale, CO 81623 2391-332-03-047 Hurt, Dale S, & Julie K. 0132 Dakota Meadows Drive Carbondale, CO 81623 2391-333-00-033 Arnold, Robert & Gloria H. 2542 Emma Road Basalt, CO 81621-9118 2391-333-00-005 Alpine Animal Hospital P.C. 17776 Highway 82 Carbondale, CO 81623 2391-333-00-030 Zelnick, Stanley J. & Billie L. 17698 Highway 82 Carbondale, CO 81623 2391-333-00-031 Howard, Cheryl J. 17696 Highway 82 Carbondale, CO 81623 2391-333-00-002 Longstreth, James E. P.O. Box 28029 El Jebel. CO 81628-8029 2391-333-00-001 Bauldridge, Bruce & Diane E. 17450 Highway 82 Carbondale, CO 81623 09/13/2000 10:46 9709274261 Cerise Ranch Adjacent Owners Page 3 December 15, 1999 99054.01 2391-321-00-044 Vagneur, Wayne & Louis M. 60 Flying Fish Road Carbondale, CO 81623 2391-321-00-043 Iigen, Jack D. & Eloise 1-i. 17352 Highway 82, Apt. C Carbondale, CO 81623-9560 2391-321-00-016 Baiderson, Dylan 1/3 & Spiro, Jacqueline 2/3 P.O. Box 10639 Aspen, CO 81612 2391-321-01-003 Work, Horace H. P.O. Box 6929 Snowmass Village, CO 81615-6929 2391-321-01-002 Rudd, Wayne G. & Susan J. 132 Park Avenue Basalt, CO 81621-9338 2391-321-01-001 McCarthy, Jerry R. & Betty K. P.O_ Box 5133 Snowmass Village, CO 81615-5133 2391-321-00-013 Work, Horace P.O. Box 6929 Snowmass Village, CO 81615-6929 2391-321-00-029 Palmer, Michael Henry 138 Flying Fish Road Carbondale, CO 81623-9540 2391-321-00-028 Faber, Bradley A. & Teresa L. 174 Flying Fish Road Carbondale, CO 81623-9540 LAND STUDIO 2391-321-00-041 Davies, Fredric A. & Francis M.A. P.O. Box K Aspen, CO 81612-7412 2391-322-00-032 Obuhanick, Peter H. & Linda H. P.O. Box 229 Aspen, CO 81612-0229 2391-322-00-008 Englund, Kathleen G. 2205 Shalimar Drive Colorado Springs, CO 80915-1024 2391-322-01-001 Hire, C.J. & Phyllis 345 South Mill Lexington, OH 44904 2391-322-00-006 Desjariais, Gerard E. P.O. Box QQ Basalt, CO 81621-0680 2391-322-00-046 Cerise, Dennis N. & Patricia E. 16724 Highway 82 Carbondale, CO 81623 2391-322-00-025 Ulrych, Julian A. 16704 Highway 82 Carbondale, CO 81623-9570 2391-293-00-082 Carlson, Portia A. lh, Carlson, Eric B. Sterrett, Bailey D. Carson, Leif 26575 Routt County Road 33A Steamboat Springs, CO 80487 PAGE 06 t Al~ 1.IUAVIT RE: BOUNDARY LINE ADJUSTMENT the undersigned affiants being first sworn upon thereof, depose and state as follows: 1. We are the owners of real property in the unincorporated area of Garfield County, which is described in Exhibit "A" which is attached hereto and incorporated herein by reference. We are desirous of adjusting the boundary lines of our lots and sign this Affidavit in accordance with the Garfield County Subdivision Regulations of 1984. 3. We hereby represent that no new lots will be created and therefore, that Garfield County will not be required to issue any building permits, other than what it would be required to issue for the already existing lots. 4. We hereby represent that none of the parcels of property involved in this boundary line adjustment is part of a previously platted subdivision of record. 5. We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities, to any parcel of property involved. 6. We hereby represent that a copy of the Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETH NOT. DONE this 12th day of September MUMBERT CERISE FAMILY CO., a limited partnership i ,AR 2000 DEN ./ N. CERISE PA RICIA E. CERISE Richard Cerise, General Partner NOTE: The full legal name of the Affiants should be typed or printed beneath each signature line. STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) The foregoing document was subscribed and sworn to State of Colorado this /,lay of Sept . yg200(byDennis l��41 rl n Expires: /-2/-2 cC%� �/ •No iTARy°• -0-0-0- s • UB L\ G wortifilmo- before me in the County of Garfield, N. Cerise and Patricia E. Cerise Ad BOUNDARY LINE ADJUSTMENT LETTER OF EXPLANATION TO WHOM IT MAY CONCERN: In 1983, the Mumbert Cerise Family Co. conveyed a parcel of land out of a larger parcel of more than 300 acres of land to Dennis N. Cerise and Patricia E. Cerise, pursuant to a subdivision exemption granted in Garfield County Commissioners Resolution No. 83- 306, and the conveyed parcel contained 5.07 acres, more or less. Since that time, the Colorado Highway Department has condemned a portion of the land fronting on State Highway 82, thereby reducing the acreage of the parcel conveyed to Dennis N. Cerise and Patricia E. Cerise to 3.39 acres, more or less. The Mumbert Cerise Family Co. now desires to convey to Dennis N. Cerise and Patricia E. Cerise an additional parcel of land contiguous on three sides to the original parcel of land conveyed, and extending further back from State Highway 82. The parcel to be conveyed contains 13.046 acres, more or less. The resulting tract of land that will be owned by Dennis N. Cerise and Patricia E. Cerise will contain 16.44 acres. more or less. ennis N. Cerise Mumbert Cerise Family Co. dl-&Gz46C By: Patricia E. Cerise Richard Cerise General Partner s. STATE OF COLORADO ) )ss COUNTY OF GARFIELLD ) The foregoing document was subscribed and sworn to before me in the County of Garfield, State of Colorado this /. leday of sept . , f � by Richard Cerise as General Partner of Mumbert Cerise Fam iTTI , a limited partnership. My Co` igi) Expires: / �,2/ ,2 90V tee. \'', 1),, U1l Akc� si :'OTAR... _ A • SBL\ .• OliiiiiIIIMO /66,4 L--(eL/ // ary pybtc EXHIBIT A TO AFFIDAVIT RE: BOUNDARY LINE ADJUSTMENT Legal Description of Parcel to be Conveyed: A PARCEL OF LAND SITUATED IN THE E1/2NW1/4 SECTION 32, GOVERNMENT LOT 7, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL ?IERIDLAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BENG MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 33, A GARFIELD COUNTY SURVEYOR BRASS CAP N PLACE, THENCE S 76°23'23" W A DISTANCE OF 2744.88.FEET TO A POINT ON THE NORTH -SOUTH CENTERLNE OF SECTION 32, ALSO BEING A PONT ON THE WEST BOUNDARY LNE OF PRASE 1, CERISE RANCH SUBDIVISION, A REBAR AND CAP L.S. 426626 N PLACE, THE PONT OF BEGINNL G; THENCE S O1°41'13" W ALONG SAID NORTH -SOUTH CENTERLINE OF SECTION 32, ALSO BENG SAID WESTERLY LUNE OF PHASE 1, CERISE RANCH SUBDIVISION. A DISTANCE OF 1093.06 FEET TO A PONT ON THE NORTHERLY RIGHT-OF- WAY OF STATE HIGHWAY NO. 82, A REBAR AND CAP L.S. 426626 LN PLACE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY, N 78°56'10" W A DISTANCE OF 66.82 FEET TO A REBAR AND CAP L.S. 426626 N PLACE; THENCE LEAVNG SAID RIGHT-OF-WAY, N 02°27' 10" E A DISTANCE OF 273.17 FEET TO A REBAR AND CAP L.S. #26626 N PLACE; THENCE N 78°56'08" W A DISTANCE OF 550.72 FEET TO A REBAR AND CAP L.S. 426626 IN PLACE; THENCE S 02°27'10" W A DISTANCE OF 273.18 FEET TO A PONT ON SAID NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 82; THENCE ALONG SAID NORTIERLY RIGHT-OF-WAY, N 78°56'10" W A DISTANCE OF 65.35 FEET; TI -`CE LEAVhi iG SAID RIGHT-OF-WAY, N 02°49'32" E A DISTANCE OF 1066.2 FEET TO A REBAR AND CAP ILLEGIBLE Pi PLACE; THENCE S 80°56'02" E A DISTANCE OF 658.02 FEET TO THE PONT OF BEGIN -NG; SAID PARCEL CONTAINING 13.046 ACRES, MORE OR LESS. Said parcel to be merged with a tract of land presently identified as Reception No. 346531, Book No. 637. Page No. 200 in the records of the Clerk and Recorder, Garfield County, Colorado. BOUNDARY LINE ADJUSTMENT LETTER OF EXPLANATION TO WHOM IT MAY CONCERN: In 1983, the Mumbert Cerise Family Co. conveyed a parcel of land out of a larger parcel of more than 300 acres of land to Dennis N. Cerise and Patricia E. Cerise, pursuant to a subdivision exemption granted in Garfield County Commissioners Resolution No. 83- 306, and the conveyed parcel contained 5.07 acres, more or less. Since that time, the Colorado Highway Department has condemned a portion of the land fronting on State Highway 82. thereby reducing the acreage of the parcel conveyed to Dennis N. Cerise and Patricia E. Cerise to 3.39 acres, more or less. The Mumbert Cerise Family Co. now desires to convey to Dennis N. Cerise and Patricia E. Cerise an additional parcel of land contiguous on three sides to the original parcel of land conveyed, and extending further back from State Highway 82. The parcel to be conveyed contains 13.046 acres, more or less. The resulting tract of land that will be owned by Dennis N. Cerise and Patricia E. Cerise will contain 16.44 acres, more or less. ennis N. Cerise gke, e -(az Patricia E. Cerise Mumbert Cerise Family Co. By: Richard Cerise General Partner 4 • okaNia44 geed KNOW ALL MEN BY THESE PRESENTS THAT MUMBERT CERISE FAMILY CO. First Party 17072 STATE HIGHWAY 82 P.O. Box or Street Address CARBONDALE, COLORADO 81623 City State Zip RECORDER * 0 a Colorado Corporation 0 a Partnership ® a Limited Partnership for and in consideration of ten dollars and other valuable consideration, in hand paid, hereby sells and conveys to DENNIS N. CERISE and PATRICIA E. CERISE Second Party 16724 STATE HIGHWAY 82 P.O. Box or Street Address CARBONDALE, COLORADO 81623 City State Zip *Pg❑ individually joint tenancy tenancy in common a Colorado Corporation a Partnership a Limited Partnership the following described property in the County of Garfield and State of Colorado: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN. • with all its appurtenances and warrants title to the same, except and subject to general property taxes for the current year, U.S. patent reservations and exceptions, any and all easements and rights of way of a public or private nature, planning, zoning and other governmental rules and regulations and prior oil, gas and other mineral reservations and exceptions, if any EXECUTED this _/;2/Z day of September STATE OF COLORADO ) ss. COUNTY OF GARFIELD A.D. 2000 MUMBERT CERISE FAMILY CO. By: Richard Cerise, General Partner The foregoing instrument was acknowledged before me this day of September 2000by Richard Cerise as general partner of the Mumbert Cerise Family Co. ��OVtaWAi./ v�r'�ne`p my haflc ar%;,,official seal. r*pir --,.2/ : tvy • -0-0-0- NOTE: 'i,,,,(S' ., .^W.;i' • It applico(6),1! i f4t irjtk x. Singular shalf14441 riyi f1tW'sAs context requires. No .ry Public THIS DEED C0I4 AINS A NEW LEGAL DESCRIPTION PREPARED High Country Engineering 923 Cooper Avenue Glenwood S rin s CO 81601 • PETRE & PETRE P.C. — Form 1 EXHIBIT A TO WARRANTY DEED From Mumbert Cerise Family Co. to Dennis N. Cerise and Patricia E. Cerise A PARCEL OF LAND SITUATED IN THE E1/2NW1/4 SECTION 32, GOVERN7v. ENI' LOT 7, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF TIE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCLNG AT TIE NORTHWEST CORNER OF SECTION 33, A GARFIELD COUNTY SURVEYOR BRASS CAP N PLACE, THENCE S 76'23'23" W A DISTANCE OF 2714.88.FEET TO A POINT ON THE NORTH -SOUTH CENTERLLNE OF SECTION 32, ALSO BEING A POINT ON THE WEST BOUNDARY LUNE OF PHASE 1, CERISE RANCH SUBDIVISION, A REBAR AND CAP L.S. 426626 IN PLACE, THE POINT OF BEGINNING; THENCE S 01°41'13" W ALONG SAID NORTH - SOUTH CENTERLINE OF SECTION 32, ALSO BENG SAID WESTERLY LINE OF PHASE 1, CERISE RANCH SUBDIVISION, A DISTANCE OF 1093.06 FEET TO A POL TT ON THE NORTHERLY RIGHT-OF- WAY OF STATE HIGHWAY NO. 82, A REBAR AND CAP L.S. 426626 LN PLACE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY, N 78°56'10" W A DISTANCE OF 66.32 FEET TO A REBAR AND CAP L.S. #26626 ll\T PLACE; THENCE LEAVING SAID RIGHT-OF-WAY, N 02°27'10" E A DISTANCE OF 273.17 FEET TO A REBAR AND CAP L.S. 426626 IN PLACE; THENCE N 78°56'08" W A DISTANCE OF 550.72 FEET TO A REBAR AND CAP L.S. 426626 IN PLACE; THENCE S 02'27'10" W A DISTANCE OF 273.18 FEET TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 82; THENCE ALONG SAID NORTPERLY RIGHT-OF-WAY, N 78°56' 10" W A DISTANCE OF 65.35 FEET; THENCE LEAVEN -G- SAID RIGHT-OF-WAY, N 02°49'32" E A DISTANCE OF 1066.52 FEET TO A REBAR AND CAP ILLEGIBLE LN PLACE; THENCE S 80°56'02" E A DISTAiNCE OF 658.02 FEET TO THE POLNi' OF BEGINING; SAID PARCEL CONTAINING 13.046 ACRES, MORE OR LESS.