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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Exemption from the Definition of Subdivision SEP 0 3 7004 GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: Located approximately three (3) miles southeast of Glenwood Springs, off of Wood Nymph Road in the Los Amigos Ranch. ➢ Legal Description of Parent Property: See attached ➢ Size of Property (in acres) as of January 1, 1973: 670 acres ➢ Current Size of Property to be Subdivided (in acres): 670 acres Number of Tracts / Lots Created Including remainder of Parent Property: 4 ➢ Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: 1 containing 7.4 acres o Lot #: 2 containing 5.73 acres o Lot #: 3 containing 5.7 acres o Lot #: 4 containing the remainder of the Kendall Ranch property. o Lot #: containing acres ➢ Property's Zone District: A/R/RD ➢ Name of Property Owner (Applicant): Elk Mesa Properties, LLC ➢ Address: 2929 County Road 114 Telephone: (970) 945-6399 ➢ City: Glenwood Springs State: CO Zip Code: 81602 FAX: (970) 945-6399 ➢ Name of Owner's Representative, if any (Planner, Attorney): Lawrence R. Green, Esq., Balcomb & Green, P.C. ➢ Address: 818 Colorado Avenue Telephone: (970) 945-6546 ➢ City: Glenwood Springs State: CO Zip Code: 81601 FAX: (970) 945-9769 STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: • • I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, an applicant requesting an Exemption from the Definition from Subdivision ("Exemption") shall specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Provide a narrative explaining why exemption is being requested. 2. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension, area, and legal description of all proposed lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities. 3. Vicinity map at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. 4. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant. 5. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion. 6. Evidence of soil types and characteristics of each type located on the property. 7. Provide proof of legal and adequate source of domestic water for each lot created. 8. Method of sewage disposal. 9. Provide a letter of approval of fire protection plan from the appropriate fire district in which the subject property is located. 10. If connection to a community or municipal water or sewer system is proposed, submit a letter from the governing body stating a willingness to serve the property. 11 It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel, as it existed on January 1, 1973. 12. A $300.00 Base Fee: Applicant shall sign the Agreement for Payment form and provide the fee with the application. 13. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Exemption application has been deemed technically complete. 2 • • II. EXEMPTION APPLICABILITY Pursuant to section 8:50 of the Subdivision Regulations, the Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in these Regulations, provided the Board of County Commissioners determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board has determined that leases, easements and other similar interests in Garfield County owned property, land for oil and gas facilities, and an accessory dwelling unit or two family dwelling that are subject to leasehold interest only and complying with the requirements of the Garfield County Zoning Resolution, are exempt from these regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at the time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right- of-way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. B. All Garfield County zoning requirements will be met. C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained. D. Provision has been made for an adequate source of water in terms of the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within a 1/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used. 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing draw down and recharge; 3 • • 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality is tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district. F. All State and local environmental health and safety requirements have been met or are in the process of being met. G. Provision has been made for any required road or storm drainage improvements. H. Fire protection has been approved by the appropriate fire district. I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained. J. All applicable taxes and special assessments have been paid. III. PROCEDURAL REQUIREMENTS (The following steps outline how the Exemption from the Definition of Subdivision application review process works in Garfield County.) 1. Submit 2 copies of this completed application form (pages 1-6) including all submittal requirements and the base fee to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness within 15 working days. The Planning Department may request an extension of time from the Board of County Commissioners for such review not to exceed an additional fifteen (15) working days. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete in addition to requesting additional copies of the application to be provided to the Board of County Commissioners for their review in preparation for the public hearing. 3. Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Exemption application. (If 4 • • Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 4. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the petition for an Exemption for the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed Exemption from the Definition of Subdivision and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 5. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request for Exemption for the subject property. In addition, the Applicant shall provide proof at the hearing that proper notice was provided. 6. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial, or any conditions of approval, shall be set forth in the minutes of the meeting or in a written Resolution. An applicant denied exemption may follow the subdivision procedure in these Regulations. 7. Once the Board makes a decision regarding the request for an Exemption, Staff will provide the Applicant with a letter affirming the action taken by the Board with a list of conditions, if any, to be completed by the applicant. 8. A plat of an approved or conditionally approved exemption shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign 5 • • a plat of a conditionally approved exemption until all conditions of approval have been complied with. 9. The Applicant shall be required to submit a paper copy of the plat and proof that all the conditions of approval have been met to the Building and Planning Department at least twenty-one (21) days prior to the expiration of the 120 -day deadline required for signing the plat by the Board. This is to ensure timely Staff review of the materials submitted as well as proper scheduling the plat to be signed by the board. 10.Once all of the conditions, if any, have been satisfied, an Exemption Plat shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. I have read the statements above and have provided the required attached information which is corr-ct and accyrate t the best of my knowledge. reen Date awrence Last Revised: 11/15/2002 6 08/20/2004 09:07 FAX 19709459 LARRY G12C1SN 40 2002 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) • GARFIELD COUNTY (hereinafter COUNTY) and Elk Mersa Pro ries, LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for Exerltotion from the Definition of Subdivision (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No, 98-09, as amended, establishes a fee schedule for eaoh type of subdivision, ui laud use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and. COUNTY agree that becaub'e 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 cost to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are =cm:my as coats aro 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 Foe, APPLICANT shall pay additional billings to COUN'EY 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. Date: 8-20-2004 Print Name Mailing Address: TO 39'd Page 4 'HS3 W S09IW" SO1 66E99b60L6 9P:0Z 1700Z/81/60 u 5 f7 (74- 41. .i723 - ?) t ,5F,42 Zo775. f o -r- l5G 4"zei„ 4 S70 /f 71 `` c/tame - - 22 EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER ANNE MARIE MCPHEE DEBORAH DAVIS* SARA M. DUNN ` ALSO ADMITTED TO PRACTICE IN NEW YORK AND MISSOURI • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 SEP 0 3 2004 September 3, 2004 Telephone: 970.945.6546 Facsimile: 970.945.9769 www.balcorniogreen.com VIA HAND DELIVERY TO: Mark Bean, Planning Director Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Elk Springs Subdivision Exemption Dear Mark: OF COUNSEL: KENNETH BALCOMB JOHN A. THULSON In accordance with our recent discussions about the above referenced matter, we are herewith submitting a complete application for the Elk Springs Subdivision Exemption. By this application, on behalf of the owner of the property, we are requesting that the Board of County Commissioners exempt by resolution the division of a tract of land containing approximately 670 acres, locally known as the Kendall Ranch, into four tracts of land, as follows: Lot 1, containing approximately 7.4 acres; Lot 2, containing approximately 5.73 acres; Lot 3, containing approximately 5.7 acres (collectively, the "Subdivision Exemption Lots"); and the remainder of the Kendall Ranch property. You will recall that this subdivision request originally came before the Board of County Commissioners on July 10, 2000. At that time the Board approved the subdivision exemption upon certain conditions which were set out in your staff report concerning the application. One of those conditions required that the applicant (then known as Los Amigos Ranch Partnership) record a final plat for Elk Springs, Filing 6, a subdivision of Los Amigos Ranch PUD. This requirement was imposed to assure that the Subdivision Exemption Lots would have legal access. The Final Plat for Elk Springs, Filing 6 was recorded on February 7, 2001, some seven months after approval of the subdivision exemption and past the expiration of the 120 days given the applicant to record the subdivision exemption plat. Neither this office nor the applicant ever requested an extension of the 120 days to record the exemption plat and, notwithstanding its approval in July, 2000, the subdivision exemption plat has never been recorded. For that reason we are again submitting an application for the Elk Springs Subdivision Exemption. The within request for the Elk Springs Subdivision Exemption is identical to the request which was approved by the Board in July, 2000. Many of the application materials are the same as those that were submitted in 2000 as there has been no change in circumstances. Additionally, we • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Mark Bean September 3, 2004 Page 2 have enclosed materials herein which address and satisfy the conditions of the July 2000 approval. This letter and its attachments comprise the application package. Two copies of everything are being provided. The attachments are as follows: 1. Attachment 1 is the completed Garfield County application form entitled "Exemption from the Definition of Subdivision." 2. Attachment 2 is a letter from the owner authorizing me and this law firm to submit and prosecute this application on its behalf. 3. Attachment 3 is the executed Agreement for Payment form. 4. Attachment 4 is a narrative explaining the reasons for the requested exemption. This cover letter should also be considered a part of the explanation for the requested exemption. 5. Attachment 5 is the proposed Elk Springs Subdivision Exemption Plat which depicts the lot layout, proposed easements, and a vicinity map. The plat notes requested by the County in connection with the July, 2000 approval have been added to the Exemption Plat. 6. Attachment 6 is the relevant pages of the recorded Final Plat for Elk Springs, Filing 6 which depict the access road to the Subdivision Exemption Lots. This access road has already been constructed. 7. Attachment 7 consists of deeds reflecting that the applicant is the owner of the subject property. 8. Attachment 8 is a list of the names and addresses of the owners of property within 200 feet of the property which is the subject of the application. 9. Attachment 9 is a soils map, together with applicable soil surveys. 10. Attachment 10 is a letter from the Los Amigos Ranch Homeowners Association (n/Ida Elk Springs Homeowner's Association) demonstrating evidence of a legal and adequate source of water and a willingness to provide domestic water service to the Subdivision Exemption Lots. This is the same letter that was submitted in the 2000 application and I hereby certify to you that there has been no change in the willingness of the Homeowners Association to provide domestic water service to the Subdivision Exemption Lots. 11. Attachment 11 is a letter from the Spring Valley Sanitation District stating that it will provide sanitary sewer service to the three Subdivision Exemption Lots. This is the same letter that was submitted in the 2000 application and I hereby certify to you that there has been no change in the willingness of the Spring Valley Sanitation District to provide sanitary sewer service to the three Subdivision Exemption Lots. In fact, as I believe you are aware, the Spring Valley Sanitation District has now completed construction of its enlarged wastewater treatment facility and the e • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Mark Bean September 3, 2004 Page 3 applicant hereunder, by virtue of its payment of a portion of the cost of that plant expansion, has reserved capacity in the plant for the three Subdivision Exemption Lots, as well as other properties it owns. 12. Attachment 12 is a letter from the Carbondale & Rural Fire Protection District stating that it will provide fire protection services to the Subdivision Exemption Lots. Also enclosed as part of attachment 12 is the proposed Agreement between the Fire District and the applicant. 13. Attachment 13 is a draft Supplemental Declaration for Elk Springs. This document is submitted to demonstrate that the owners of the Subdivision Exemption Lots will become part of the Elk Springs Homeowner's Association. As such, they will be obligated to pay a proportionate share of water service and road maintenance costs which was a condition of the July, 2000 approval. Finally, we enclose our check in the amount of $300.00 which we understand to be the base application fee for this application. As always, I look forward to working with you as we process the Elk Springs Subdivision Exemption application. LRG/bc Encls. xc: Greg Boecker Very truly yours, BALCOMB & GREEN, P.C. Lawrence R. Green • • SUPPLEMENTAL DECLARATION FOR ELK SPRINGS, GARFIELD COUNTY, COLORADO THIS SUPPLEMENTAL DECLARATION FOR ELK SPRINGS, f/k/a AS LOS AMIGOS RANCH PLANNED UNIT DEVELOPMENT, GARFIELD COUNTY, COLORADO (Supplemental Declaration) is made and declared this day of , 2004, by Elk Springs, LLC, a Colorado limited liability company (Declarant). RECITALS A. Declarant is the owner of certain real property situate in Garfield County, Colorado, and more particularly described as Lots 1, 2 and 3 according to the Plat for Elk Springs Subdivision Exemption (collectively, the "Subdivision Exemption Lots"), filed for public record in the Office of the Clerk and Recorder, Garfield County, Colorado on as Reception No. B. Declarant has previously recorded that certain Amended and Restated Declaration of Covenants, Conditions and Restrictions for Los Amigos Ranch Planned Unit Development, Garfield County, Colorado (Amended and Restated Declaration) on February 15, 1991 in Book 799, Page 48 of the Garfield County Clerk and Recorders' records as Receptions No., 421306. C. Declarant desires to annex the Subdivision Exemption Lots pursuant to this Supplemental Declaration and thereby subject said Subdivision Exemption Lots to the Amended and Restated Declaration and the additional covenants, conditions and restrictions set forth below. NOW THEREFORE, Declarant hereby makes the following declaration of annexation of the Subdivision Exemption Lots and declaration of additional covenants and restrictions applicable thereto: ANNEXATION OF SUBDIVISION EXEMPTION LOTS 1.1 The Subdivision Exemption Lots, as more particularly defined and described in paragraph A of the Recitals hereof, are hereby annexed pursuant to Article IV of the Amended and Restated Declaration. 1.2 The Subdivision Exemption Lots are hereby made subject to all provisions set forth in the Amended and Restated Declaration. 1.3 The Subdivision Exemption Lots are hereby made subject to the additional covenants, conditions and restrictions set forth in this Supplemental Declaration. 1, • • ADDITIONAL COVENANTS, CONDITIONS AND RESTRICTIONS 2.1 Minimum Size of Dwellings. Every residential dwelling unit constructed on one of the Subdivision Exemption Lots shall have a minimum foundation footprint of 1,600 square feet, exclusive of garages, porches and patios. 2.2 Irrigation No Subdivision Exemption Lot shall irrigate more than 3,000 square feet of land. 2.3 Central Sewer Systems All of the Subdivision Exemption Lots are within the Spring Valley Sanitation District boundaries and must connect to its central sewage treatment system for sewage treatment services. No individual sewage disposal systems are allowed. 2.4 Central Water System All water rights and water facilities which comprise the domestic water delivery system for the Subdivision Exemption Lots are owned by the Elk Springs Homeowner's Association, Inc. The Association shall have the power to own, operate, maintain, repair and replace the water delivery system and to levy reasonable charges therefor pursuant to Section 4.8 of the Amended and Restated Declaration, and shall have the further power and authority to levy assessments in connection with the ownership, operation, maintenance, repair, and replacement of the domestic water delivery system in accordance with Article V of the Amended and Restated Declaration. 2.4 Pet Control All pets must be kept under strict owner control at all times. No more than one adult dog and no more than an aggregate of three cats and dogs may be kept on a single family lot. The Board of Elk Springs Homeowner's Association has promulgated rules and regulations regarding pet ownership and control, and may levy pet assessments for violations of said rules and regulations. By way of example, owners may be assessed for pets found roaming free of owner control, or disturbing neighbors or wildlife. Said pet assessments are enforceable as set forth in Article V., Paragraph 5.5 of the Amended and Restated Declaration. Nothing contained herein or in said rules and regulations shall limit the right of the Board to modify said rules and regulations, determine a pet is a nuisance and require it's removal from Los Amigos Ranch P.U.D. nor limit the right of Elk Springs, LLC or any owner of Los Amigos Ranch P.U.D. property to enforce their property rights. 2.4 Fire Protection Homeowners shall create a defensible space within 30 feet of their homes so that the crowns of trees are at least 10 feet apart. This defensible space should be increased on the downhill slope of homes. Dead branches, limbs, trees and debris shall be removed from the defensible space area. Roofs shall be constructed of noncombustible materials. Homeowners should install adequate lightning protection. 2.5 Fireplaces Woodburning appliances in each single family dwelling unit shall be limited to one Colorado Certified woodstove. Natural gas appliances may be used freely. Supplemental Declaration for Elk Springs Elk Springs, LLC Page 2 of 3 • • 2.6 Animal Proof Trash Containers All trash and trash containers shall be stored within an enclosed building except on the same day it is set out for pick-up, or alternatively, all trash shall be stored in containers that have been designed and constructed to prevent bears and other wildlife from gaining access to the contents of the containers. IN WITNESS: WHEREOF, Declarant sets its hand and seal this , day of , 2004. STATE OF ILLINOIS COUNTY OF COOK ELK SPRINGS, LLC a Colorado limited liability company By Thomas E. Neal Managing Member The above and foregoing document was acknowledged before this day of , 2004, by Thomas E. Neal as Managing Member for Elk Springs, LLC, a Colorado limited liability company. Witness my hand and official seal Notary Public My commission expires: My address is: Supplemental Declaration for Elk Springs Elk Springs, LLC Page 3 of 3 08/19/2004 09:07 FAX 19709459 LARRY GREEN • ELK MESA PROPERTIES, LLC 2929 County Road 114 Glenwood Springs, CO 81601 Phone: (970) 945-6399 Z 002/002 August 19, 2004 Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 ATTN: Mark Bean Re: Elk Springs Subdivision Exemption Dear Mr. Bean: Elk Mesa Properties, LLC is now the owner of that parcel of real property located in Garfield County, Colorado, known historically as the Kendall Ranch. In July, 2000, the Board of County Commissioners of Garfield County approved the Elk Springs Subdivision Exemption for the Kendall Ranch. We have now determined that the subdivision exemption plat for the approved Elk Springs Subdivision Exemption was not recorded as required by the Garfield County Subdivision Regulations. We therefore desire to submit for current approval an application for the Elk Springs Subdivision Exemption, which will divide the Kendall Ranch, a tract of land containing approximately 670 acres, into 4 tracts of land as follows: Lot 1, containing approximately 7.4 acres; Lot 2, containing approximately 5.73 acres; Lot 3, containing approximately 5.7 acres; and the remainder of the Kendall Ranch property. We hereby authorize Lawrence R. Green and his firm Balcomb & Green, P.C. to submit and prosecute such an application for the Elk Springs Subdivision Exemption. Please correspond directly with Mr. Green on all matters regarding such application. Very truly yours, ELK MESA PROPERTIES, LLC, a Colora\limited4liability company By: V ' Gary Elwee, Project Manager • REASONS FOR REQUESTING ELK SPRINGS SUBDIVISION EXEMPTION In addition to the materials set forth in the cover letter from Balcomb & Green, P.C., dated September 3, 2004, the applicant believes that the Elk Springs Subdivision Exemption is justified because the Subdivision Exemption Lots are similar in size and topography to the adjacent lots within Elk Springs and "feel" more like a part of Elk Springs than the balance of the Kendall Ranch property. The Subdivision Exemption Lots are contiguous on two sides to single family lots within Filings 5 and 6 of Elk Springs. Additionally, the Elk Springs water storage tank is adjacent to Lot 3 of the proposed subdivision exemption. The water service line from the tank to provide service to Filings 6 and beyond of Elk Springs has been constructed and is routed through the Subdivision Exemption Lots, thus providing a reliable central water system. Central sewer system is also available to the Subdivision Exemption Lots through the Spring Valley Sanitation District. The property is thus appropriate for the proposed Elk Springs Subdivision Exemption. ADJACENT LANDOWNERS WITHIN 200 FEET Elk Springs, LLC 141 W. Jackson Blvd., Suite 1720 Chicago, IL 60604-3001 Los Amigos Ranch Homeowners Association 2929 County Road 114 Glenwood Springs, CO 81601-9391 Berkeley Family Limited Partnership 3961 County Road 114 Glenwood Springs, CO 81601-9396 Anita Odom Curtis G. Reed Michael T. Manchester P.O. Box 6573 Snowmass Village, CO 81615-6573 Samuel W. and Beverly Bryan P.O. Box 327 Glenwood Springs, CO 81602-0327 Elk Springs, LLC 2929 County Road 114 Glenwood Springs, CO 81601-9391 Culwell Investments, Ltd. 6319 Hillcrest Avenue Dallas, TX 75205 James L. & Shirley A. Brown P.O. Box 457 Glenwood Springs, CO 81602-0457 Lookout Mountain Associates, LLC The Parkway Building 8201 Mission Road, Suite 140 Prairie Village, KS 66208 Eric G. & Deborah J. Wiepking 385 Heather Lane Carbondale, CO 81623 Joseph L. & Susan M. Carlson 0486 Heather Lane Glenwood Springs, CO 81601 Jesse Zucco c/o Vincent Gallvccio Box 8065 Aspen, CO 81612 Emma June Boyle Robert W. & Lerma Boyle 5387 County Road 154, Space 25 Glenwood Springs, CO 81601 Mark L. Weller 732 Bennett Avenue Glenwood Springs, CO 81601-3418 Robert R. & Michele T. Bacon 7209 100 Road Carbondale, CO 81623 111E11 1111111111 111111 11111 111III 111 IMI 11II 1111 646999 02/23/2004 11:12A 61562 P967 M ALSDORF 1 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, Made this 22. day of December, 2003, between Elk Springs, LLC, a Colorado limited liability company, County of Garfield, State of Colorado, grantor and Elk Mesa Properties, LLC, a Colorado limited liability company whose legal address is 292.9 c�.ounA Qoia 11�I ��P.r, woorA ,��s r.O 1001 County of Garfield, State of Colorado, grantee. WITNESSETH, That the grantor, for and in consideration of the sum of Ten and No/100ths DOLLARS ($10.00) 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 heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows: See Exhibit A also known by street and number as: assessor=s schedule or parcel number: 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 heirs and assigns forever. The grantor, for itself, its heirs and personal representatives or successors, 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 heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor, subject to easements, restrictions and reservations of record or in place. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. STATE OF COLORADO COUNTY OF Car-- i Npt ) ss. Elk Springs, LLC, a Colorado limited liability company Name: Its: PO The foregoing instrument was acknowledged before me this,2,2 day of December, 2003, by ora t=. Meal as /"16 na rt c�c- for Elk Springs, LLC, a Colorado limited liability company. J rkt Ell/.amh 4- Po Dravve'r- 790 6iU5 Witness my hand and official seal My comm sion expires iattlir" N`oary Public 0.1 orado Avenue Glenwood Springs, CO 81601 My Commission FYnires June 13. 2005 • EXHIBIT A TO SPECIAL WARRANTY DEED I alai uiii uiiii1ii iiiii iiiii iini 111 1111 uii 111 646999 02/23/2004 11:12A B1562 P968 M AL5DORF 2 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO LEGAL DEScFIP270N AN UNDIVIDED ONE-EIGHTH INTEREST IN AND TO: A parcel of /and situate in Section 25, Tovnsh.Lp 6 south, Rang,' 89 Must or the 6th Principal Meridian and Section 30, 31 and 32 of Townshiita6 SouutI, Mange 88 Wert of the 6th Principal Meridian in which the following describes a boundary line defined by a fence, and the projection siof existing intersecting fence and/or survey monuments that are in alongside fencer Beginning at the southeast corner of said Section 25 (with all corner and angle points herein being defined by • fence, fence intsrswctian and survey monuments as depicted on a Land Survey Plat titled 'Kindall Bosteetead Boundary"). Thence N. 16.03'22"W. 2458.00 feet to the South 1/4 corner of said Section 25; thence N. 02`39'55"W. 2836.00 foot; thence S. 83.04'56'8. 79.32 feet; thanes 8. 81051'39"E. 214.88 feet; thence S. 87'29'52•B. 140.76 fort, thence N. 88"23'I8.6. I49.24 feet; thence N. 87.41'3868. 114.76 feet; thence 3. 64.48'29.5. 427.66 feet; thence S. 05.15'54'S. 68.71 feet; thence S. 07.03'22.8. 170.33 feet; thence 8. 47.02'22'6. 186.66 feet; thence S. 82.03'00'8. 104.06 feet; thence S. 81659'32.E. I73.18 fest; thence S. 81.18'19"S. 535.66 foot; thence S. 8I.57'56'S. 203.80 feet; thence 3. 85.04'55'8. 15.03 feet, whence the Snot 1/4 corner of said Section 25 bears a. 06.24'02'S. 35.57 fest, thence N. 00.25'24'W. 1347.51 feet, thence N. 05.51'29"W. 254.86 feet; thence 8. 89•14'40'S. 1105.09 fort; thencw S. 00.02.21'W. 2501.50 feet to the South 1/4 corner of said Section 307 �..�n to Section 39, 30, thence S. 84'42'49'S. 2536.06 fest to the corner 31 and 32; thence S. 88.53'52'6. 1297.05 fest; thence S. 00'32'32'W. 1329.06 foot; thence S. 00.36'40'W. 1225.34 fest; thence N. 89.37'42.6. 969.82 test; thence N. 89.51'55.8. 521.76 feet; thence N. 89.33'09'8. 2185.06 feet; thence, 8. 01.41'27'W. 569.28 feet, thence N. 86.11'34"14. 49.72 feet, thence) 8. 04'24'02"W. 2172.23 fest; thence_ W. 89'43'14.'N. 1314.71 feet to the South 1/4 corner of said Section 32; Continued on next page • 111111 IIIII 111111 1111E1111 11111 1111 111 1E11 1111 11 11 646999 02/23/2004 11:12A 81562 P969 M ALSDORF 3 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO thence M. 09.03.54.11. 1395.04 feet, thence S. 99.43'23'W. 2769.40 feet; thence X. 05.06'10'3. 1305.89 toot to the Vest 1/4 Corner of said Section 32/ thence 8. 99.35.25'V. 3320.84 test to the Vest 1/6 corner of said Section 3I7 thence M. 00.56'13.11. 931.81 fast to the PG31? OP ABSINNZXO. ittcirrrno razagrIoM TIM FOLIQW17NO DIZCRZBm IAO3WB2I,1 PARCZL 1 a.ginning at the &WCtio= Corner common to Sections 29, 30, 31 and 32 in Township 6 South, hangs 96 Meat of the 6th Principal Meridian, thence 8. 99.93.32'Z. 1192.33 feet to the TWIN POINT OF domini'°, then. S. 81'53'52'X. 104.52 feet/ thence 8. 00'32.32' 97.2I feet; thence N. 30•16'30'V. 147.80 feet to the 2801 P0Itr OF BXOINXIN°. AND PARCEL 2s A parcel of lend situate in the Southeast corner of the 951/I011/4 of section 25 Township 6 South, Range 96 West at the 6th principal Meridian more particularly described as follows+ Beginning at the South 1/4 corner of said Section 25, being an iron post with a bream cep affixed and set by the 0.5. Ganaral Land Office, thence W. 00•59'16•W. 2695.63 feet to s point, being a r+bar set In concrete for the center 1/4 corner of said Section 23 the 2501 POItr 01 x=Ox INO; thence N. 95•04'56•W. 79.32 feet to a point that intersects a f.nceline bearing Northerly and Southerly; thence alongside said fens. X. 02.33'56'W. 142.05 feet, thence continuing alongside a fence 8. 88.51'39'Z. 83.09 teat to a point that intersects the X -B centerline of said Section 25; thence 5. 00.59'I6'K. 116.07 feet to the 250E POINT 01 ta,iiwfl0. STA=3 OF COLORADO AND COUNTY OT GARTIELD aniffiZLh 030517 955955055 moi 21.7-334-00-080 AND 1187-311-00-047 P1091050 lox IXPt1RKAXZONAL POxpoxL3 our TOG{3TBER WITH*. BUT. Wi'1BL11IT ANY WARRANTY: 1) A non-exclusive easement for ingress, egress and utility line purpoess West situated in the North cele -half of Section 32. Tovnahip 6 South, Range 88of the 6th Principal Meridian, Garfield County, Colorado, being forty feet in width. Said easement shall ascend from County Road 119 to said Sohe aat one-quarter of Section 32. This easement shall ba adjacent to, contiguous to and parallel to the Wostsrly line of the property described in deed from William George Ould to Linda Kurr, Wilwer Kindel", CaroLyn Kindel'. Garold Lindall and Virgil Kindel'. dated December 4, 1981. and recorded in Book 587 at Page 800 of the Garfield County. Colorado records. 2) Grantor's interest in and to the easements described on Wilhite A. 8, C. D and E in the document recorded March 19, 1982. 1n Book 595 at Page 25 as Reception No. 325788. 3) Grantor's interest in end to any and all well and well rights and well permits for existing wells on the property conveyed hereby. 1 11111111111 111111 EN 1111111111 Ill 11111 11111111 646999 02/23/2004 11:12A 51562 P970 4 of 4 R 21.00 0 0.00 GARFIELD COUNTY CO EXHIBIT A LEGAL DESCRIPTION The above described real property is also legally described as follows: A tract of land situate in Section 25, Township 6 South, Range 89 West of the 6th Principal Meridian and Sections 30,31 and 32 of Township 6 South, Range 88 West of the 6th Principal Meridian being more particularly described as follows: Beginning at the SE corner of said Section 25; thence, N 86°05'32" W, 2458.08 feet to the south 1/4 corner of Section 25; thence, N 02°42'06" W, 2836.00 feet; thence, S 88°53'50" E. 297.97 feet; thence, S 87°32'03" E, 140.76 feet; thence, N 88°21'07" E, 149.28 feet; thence, N 87°39'07" E, 114.76 feet; thence, S 64°50'40" E, 427.66 feet; thence, S 86°33'56" E, 239.02 feet; thence, S 87°04'33" E, 188.66 feet; thence, S 82°03'01" E, 277.24 feet; thence, S 81°20'30" E, 535.66 feet; thence, S 82°00'07" E, 203.80 feet; thence, S 85°07'06" E, 15.03 feet; thence, N 00°27'35" W, 1347.51 feet; thence, N 05°53'40" W, 254.86 feet; thence, S 89°16'51" E, 1105.09 feet; thence, S 00°00'1T E, 2504.67 feet to the south 1/4 corner of said Section 30; thence, S 88°46'51" E, 2535.35 feet to the corner common to Section 29,30,31 and 32; thence. S 88°56'03" E, 1192.53 feet; thence, S 46°16'09" E, 143.43 feet; thence, S 00°30'21" W, 1231.85 feet; thence, S 00°36'29" W, 1225.34 feet; thence, N 89°35'31'` E, 969.82 feet; thence, N 89°49'44" E, 521.76 feet; thence, N 89°29'26" E, 1185.63 feet; thence, S 01°37'18" W, 568.53 feet; thence, N 86°17'10" W, 49.71 feet; thence, S 04°18'26" W, 1502.94 feet; thence, N 89°45'37" W, 1282.73 feet; thence, N 08°58'18" E, 758.63 feet; thence, S 89°41'33" W, 2769.65 feet; thence, N 05°02'19" E, 1305.77 feet to the west 1/4 corner of said Section 32; thence, S 89°31'34" W, 3520.52 feet to the west 1/4 corner of said Section 31; thence, N 00°54'02" E, 940.12 feet; to the point of beginning, containing 28,357,660 sq.ft. or 651.00 acres more or less. 111111 1111111 11111111111111111111111111111111111 0‘6'517097 /01/1997 04:08P 81044 P426 M ALSDORF 1 of 3 R 16.00 D 20.94 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, Made this 26th day of November ,1997 , between LINDA MURR of the said County of GARFIELD and State of COLORADO LOS AMIGOS RANCH PARTNERSHIP whose legal address is 2929 ROAD 114 GLENWOOD SPRINGS, CO 81601 of the said County of GARFIELD and State of COLORADO , grantor, and , grantee: DOC FEE $20.94 WITNESS, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration DOLLARS, 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, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of GARFIELD and Slatted Colorado described as follows: See Exhibit "A" as known by street and number as: 2359 ROAD 119, GLENWOOD SPRINGS, CO 81601 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 what- soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO IIAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee , his heirs and assigns forever. The grantor, for himself, his heirs, and personal representatives or successors, do covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor* The singular number shall include the plural, the plural and the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. *Subject to easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 1997, not yet due or payable. 4.5) Cn0 2-74Q 3 State of COLORADO ss. County of GARFIELD CINDY DENNEY rY.PliC3, S-iT-9J The foregoing instrument was acknowledged before me this 26th day of November by Linda Murr My commission expires May 17 , 199 9 . Witness my hand and official seal. 1997 , Oat otary Pubs / File Na. 97027403 Stewart Tale of Glenwood Springs, Inc. Re t urn t o : No. 16 SPECIAL WARRANTY DEED Rev. 9/97 VICKI LEE GREEN & ASSOC. 930 GRAND AVE. GLENWOOD SPRINGS, CO 81601 Order Number: 97027403 OXHIBIT A TO SP L WARRANTY DEED LEGAL DESCRIPTION AN UNDIVIDED ONE-EIGHTH INTEREST IN AND TO: • A parcel of land situate in Section 25, Township 6 South, Range 89 Weat of the 6th Principal Meridian and Section 30, 31 and 32 of Township 6 South, Range 88 Weat of the 6th Principal Meridian in which the following metes and bounds describes a boundary line defined by a fence, and the projection of intersecting fence and/or survey monuments that are in or alongside existing fence: Beginning at the Southeast corner of said Section 25 (with all corner and angle points herein being defined by a fence, fence intersection and survey monuments as depicted on a Land Survey Plat titled "Rindall Homestead Boundary"). Thence N. 86°03'22"W. 2458.00 feet to the South 1/4 corner of said Section 25; thence N. 02°39'55"W. 2836.00 feet; thence S. 85°04'56"E. 79.32 feet; thence S. 88°51'39"E. 214.88 feet; thence 3. 87°29'52"E. 140.76 feet; thence N. 88°23'18"E. 149.28 feet; thence N. 87°41'18"E. 114.76 feet; thence 3. 64°48'29"E. 427.66 feet; thence S. 85°15'54"E. 68.71 feet; thence S. 87°02'22"E. 170.33 feet; thence S. 87°02'22"E. 188.66 feet; thence S. 82°03'00"E. 104.06 feet; thence S. 81°59'32"E. 173.18 feet; thence S. 81°18'19"E. 535.66 feet; thence S. 81°57'56"E. 203.80 feet; thence S. 85°04'55"E. 15.03 feet; whence the East 1/4 corner of said Section 25 bears S. 86°24'02"E. 35.57 feet; thence N. 00°25'24"W. 1347.51 feet; thence N. 05°51'29"W. 254.86 feet; thence S. 89°14'40"E. 1105.09 feet; thence S. 00°02'11"W. 2504.50 feet to the South 1/4 corner of said Section 30; thence S. 88°42'49"E. 2536.06 feet to the corner common to Section 29, 30, 31 and 32; thence S. 88°53'52"E. 1297.05 feet; thence S. 00°32'32"W. 1329.06 feet; thence S. 00°38'40'W. 1225.34 feet; thence M. 89°37'42"E. 969.82 feet; thence N. 89°51'55"E. 521.76 feet; thence N. 89°33'09"E. 1185.06 feet; thence S. 01°4I'27"W. 569.28 feet; thence N. 86°11'34"W. 49.72 feet; thence S. 04°24'02"W. 2132.23 feet; thence N. 89°43'26"W. 1334.71 feet to the South 1/4 corner of said Section 32; Continued on next page IIIII IIII 111111 11II 111111 II 1111 111 11111 1111 1111 517097 12/01/1997 04:08P B1044 P427 M ALSDORF 2 of 3 R 16.00 D 20.94 GARFIELD COUNTY CO • • Continuation of Schedule A - Legal Lescriotion Order Number: 97027403 11EE11E11 111111 111111 11 111111 1111111 111 111111111111 517097 12/01/1997 04:08P 81044 P428 M RLSDORF thence N. 09°03'54"E. 1395.04 feet; 3 of 3 R 16.00 D 20.94 GARFIELD COUNTY CO thence S. 89°43'23"W. 2769.40 feet; thence N. 05°06'IO"E. 1305.89 feet to the West 1/4 corner of said Section 32; thence 3. 89°35'25"W. 3520.84 feet to the West 1/4 corner of said Section 31; thence N. 00°58'13"S. 939.81 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: PARCEL 1 Beginning at the Section Corner common to Sections 29, 30, 31 and 32 in Township 6 South, Range 88 West of the 6th Principal Meridian; thence 3. 88°53'52"E. 1192.53 feet to the TRUE POINT OF BEGINNING; thence S. 88°53'52"S. I04.52 feet; thence S. 00°32'32" 97.21 feet; thence N. 30°16'30"W. 147.80 feet to the TRUE POINT OF BEGINNING. AND PARCEL 2: A parcel of land situate in the Southeast corner of the SEI/4NWI/4 of Section 25 Township 6 South, Range 89 West of the 6th Principal Meridian more particularly described as follows: Beginning at the South 1/4 corner of said Section 25, being an iron poat with a brass cap affixed and set by the U.S. General Land Office; thence N. 00°59'16"W. 2685.63 feet to a point, being a rather set in concrete for the center 1/4 corner of said Section 25 the TRUE POINT OP BEGINNING; thence N. 85°04'56"W. 79.32 feet to a point that intersects a fenceline bearing Northerly and Southerly; thence alongside said fence N. 02°39'56"W. 141.05 feet; thence continuing alongside a fence S. 88°51'39"E. 83.09 feet to a point that intersects the 11-3 centerline of said section 25; thence 3. 00°59'16"E. 146.07 feet to the TRUE POINT OF BEGINNING. STATE OF COLORADO AND COUNTY OF GARFIELD GARFIELD COUNTY ASSESSORS NO: 2167-324-00-080 AND 2187-311-00-047 PROtIDSD FOR INFORMATIONAL PURPOSES ONLY TOGETHER WITH, BUT WITHOUT ANY WARRANTY: 1) A non-exclusive easement for ingress, egress and utility line purposes situated in the North ole -half of Section 32, Township 6 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, being forty feet in width. Said easement shall .extend from County Road 119 to said Southeast one-quarter of Section 32. This easement shall be adjacent to, contiguous to and parallel to the Westerly Line of the property described in deed from William George Ould to Linda Murr, Wilmer Kindall., Carolyn Kindall, Harold Kindall and Virgil Kindall, dated December 4, 1981, and recorded in Book 587 at Page 800 of the Garfield County, Colorado records. 2) Grantor's interest in and to the easements described on Exhibits A, B, C, D and E in the document recorded March 19, 1982, in Book 595 at Page 25 as Reception No. 325788. 3) Grantor's interest in and to any and all well and well rights and well permits for existing wells on the property conveyed hereby. 11111 HIEIIIIII 111111111111111111111 II!I I•!I 98 12/01/1997 04:08P B1044 P429 h ALSDORF 1 of 3 R 16.00 D 20.94 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, Made this 26th day of November ,1997 , between VIRGIL RINDALL of the said County of GUNNISON and State of COLORADO LOS AMIGOS RANCH PARTNERSHIP whose legal address is 2929 ROAD 114 GLENWOOD SPRINGS, CO 81601 of the said County of GARFIELD and State of COLORADO , grantor, and ,grantee: DOC FEE $20.94 WITNESS, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration DOLLARS, 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, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: See Exhibit "A" as known by street and number as: 2359 ROAD 119 , GLENWOOD SPRINGS , CO 81601 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 what- soever of the grantor, tither 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 , his heirs and assigns forever. The grantor, for himself, his heirs, and personal representatives or successors, do covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons claiming the whole or any pat thereof, by, through or under the grantor*The singular number shall include the plural, the plural and the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above_ *Subject to easements, restrictions, reservations and rights of way of record, or taxes for the year 1997, not yet due or payable. situate and in use, and real property State of COLORADO County of GARFIELD CINDY HUGHES UENNEY % ••_ C st My Contnissicn Expires 5-17-99 The foregoing instrument was acknowledged before me this 26th day of November , 1.997 , by Virgil Kindel' My commission expires May 17 , 1999 . Witness my hand and official scat ?Ile No. 97(127403 Stewart Title of Glenwood Springs, Inc. No. 16 SPECIAL WARRANTY DEED Rev. 9/97 of Votary Public Return to: VICKI LEE GREEN & ASSOC. 930 GRAND AVE GLENWOOD SPRINGS, CO 81601 HIBIT A TO SPE WARRANTY DEED Order Number: 97027403 LEGAL DESCRIP77ON AN UNDIVIDED ONE-EIGHTH INTEREST IN AND TO: 411 A parcel of land situate in Section 25, Township 6 South, Range 89 West of the 6th Principal Meridian and Section 30, 31 and 32 of Township 6 South, Range 88 West of the 6th Principal Meridian in which the following metes and bounds describes a boundary line defined by a fence, and the projection of intersecting fence and/or survey monuments that are in or alongside existing fence: Beginning at the Southeast corner of said Section 25 (with all corner and angle points herein being defined by a fence, fence intersection and survey monuments as depicted on a Land Survey Plat titled "Rindall Homestead Boundary"). Thence N. 86°03'22"W. 2458.00 feet to the South 1/4 corner of said Section 25; thence N. 02°39'55"W. 2836.00 feet; thence S. 85°04'56"E. 79.32 feet; thence S. 88°51'39"E. 214.88 feet; thence s. 87°29'52"E. 140.76 feet; thence N. 88°23'18"E. 149.28 feet; thence N. 87°41'18"E. 114.76 feet; thence S. 64°48'29"E. 427.66 feet; thence S. 85°15'54"E. 68.71 feet; thence S. 87°02'22"E. 170.33 feet; thence S. 87°02'22"E. 188.66 feet; thence S. 82°03'00"E. 104.06 feet; thence S. 81°59'32"E. 173.18 feet; thence S. 81°18'19"E. 535.66 feet; thence S. 81°57'56"E. 203.80 feet; thence S. 85°04'55"E. 15.03 feet; whence the East 1/4 corner of said Section 25 bears S. 86°24'02"E. 35.57 feet; thence N. 00°25'24"W. 1347.51 feet; thence N. 05°51'29"W. 254.86 feet; thence S. 89°14'40"E. 1105.09 feet; thence S. 00°02'11"W. 2504.50 feet to the South 1/4 corner of said Section 30; thence S. 88°42'49"E. 2536.06 feet to the corner common to Section 29, 30, 31 and 32; thence S. 88°53'52"E. 1297.05 feet; thence S. 00°32'32"W. 1329.06 feet; thence S. 00°38'40"W. 1225.34 feet; thence N. 89°37'42"E. 969.82 feet; thence N. 89°51'55"E. 521.76 feet; thence N. 89°33'09"E. 1185.06 feet; thence S. 01°41'27"W. 569.28 feet; thence N. 86°11'34"8. 49.72 feet; thence S. 04°24'02"W. 2132.23 feet; thence N. 89°43'26"W. 1334.71 feet to the South 1/4 corner of said Section 32; Continued on next page 1111111 11111 111111 1111 11 11111111111111 1E1111111 517098 12/01/1997 04:08P 81044 P430 M ALSOORF 2 of 3 R 16.00 0 20.94 GARFIELD COUNTY CO • • Continuation of Schedule A - Legal Descrir`4^' Order Number: 97027403 1111111111111111111111 1111111111111 111 11111 Ilii 1111 517098 12/01/1997 04'08P 81044 P431 M ALSDORF thence N. 09°03'54"E. 1395.04 feet; 3 of 3 R 16.00 D 20.94 GARFIELD COUNTY CO thence S. 89°43'23"W. 2769.40 feet; thence N. 05°06'10"E. 1305.89 feet to the West 1/4 corner of said Section 32; thence S. 89°35'25"W. 3520.84 feet to the West 1/4 corner of said Section 31; thence N. 00°58'I3"E. 939.81 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: PARCEL 1 Beginning at the Section Corner common to Sections 29, 30, 31 and 32 in Township 6 South, Range 88 West of the 6th Principal Meridian; thence 3. 89°53'52"E. 1192.53 feet to the TRUE POINT OF BEGINNING; thence 3. 88°53'52"E. 104.52 feet; thence S. 00°32'32" 97.21 feet; thence N. 30°16'30"W. 147.80 feet to the TRUE POINT OF BEGINNING. AND PARCEL 2: A parcel of land situate in the Southeast corner of the SE1/4NW1/4 of section 25 Township 6 South, Range 89 West of the 6th Principal Meridian more particularly described as follows: Beginning at the South 1/4 corner of said Section 25, being an iron poet with a brass cap affixed and set by the U.S. General Land Office; thence N. 00°59'16"W. 2685.63 feet to a point, being a rebar set in concrete for the center 1/4 corner of said Section 25 the TRUE POINT OF BEGINNING; thence N. 85°04'56"W. 79.32 feet to a point that intersects a fenceline bearing Northerly and Southerly; thence alongside said fence N. 02°39'56"W. 141.05 feet; thence continuing alongside a fence 3. 88°51'39"E. 83.09 feet to a point that intersects the N-3 centerline of said section 25; thence 3. 00°59'16"E. 146.07 feet to the TRUE POINT OF BEGINNING. STATE OF COLORADO AND COUNTY OF GARFIELD GARFIELD COUNTY ASSESSORS NO: 21J7-324-00-080 AND 2187-311-00-047 PROVIDED FOR INFORMATIONAL PURPOSES ONLY TOGETHER WITH, BUT WITHOUT ANY WARRANTY: 1) A non—exclusive easement for ingress, egress and utility line purposes situated in the North cqe-half of Section 32, Township 6 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, being forty feet in width. Said easement shall `xtend from County Road 119 to said Southeast one—quarter of Section 32. Mis easement shall be adjacent to, contiguous to and parallel to the W.tsterly line of the property described in deed from William George Ould to Linda Murr, Wilmer Kindall, Carolyn Kindall, Harold Kindall and Virgil Kindall, dated December 4, 1981, and recorded in Book 587 at Page 800 of the Garfield County, Colorado records. 2) Grantor's interest in and to the easements described on Exhibits A, B, C, D and E in the document recoiled March 19, 1982, in Book 595 at Page 25 as Reception No. 325788. 3) Grantor's interest in and to any and all well and well rights and well permits for existing wells on the property conveyed hereby. G-102740 1 I! ]III !!II!! 1111!111 !11!111 nil 111 !ll!I HAI!!I • `(3a 517099 12/01/1997 04 09P B1044 P432 M ALSDORF 1 of 3 R 16.00 D 20.93 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, Made this 26th day of November LARRY KINDALL .1997 , between of the said County of GARFIELD and State of COLORADO LOS AMIGOS RANCH PARTNERSHIP whose legal address is 2929 ROAD 114 GLENWOOD SPRINGS, CO 81601 of the said County of GARFIELD and State of COLORADO , grantor, and , grantee: DOC FEE $20.93 WITNESS, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration DOLLARS, 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, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: See Exhibit "A" as known by street and number as: 2359 ROAD 119, GLENWOOD SPRINGS, CO 81601 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 what- soever 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 , his heirs and assigns forever. The grantor, for himself, his heirs, and personal representatives or successors, do covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor* The singular number shall include the plural, the plural and the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WI!EREOF, the grantor has executed this deed on the date set forth above. *Subject to easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 1997, not yet due or payable LARRY RIND !Y State of COLORADO ss. County of GARFIELD ) HUGHES DENNEY :• ;F��U f,r, i l ii1UISSICf ExpifE$ -17.99 The foregoing instrument was acknowledged before me this 26th day of November , by Larry Kindall My commission expires May 17, 1999 . Witness my hand and official seal. File No. 9702740] Stewart TIlle oI Glenwood Springs, Inc. No. 16 SPECIAL. WARRANTY DEED Rev. 9/97 RETURN TO: VICKI LEE GREEN & ASSOC. 930 GRAND AVE. GLENWOOD SPRINGS, CO 81601 Order Number: 97027403 XHIBIT A WARRANT TO SP Y DEED LEGAL DESCRIPTION AN UNDIVIDED ONE-EIGHTH INTEREST IN AND TO: • A parcel of land situate in Section 25, Township 6 South, Range 89 West of the 6th Principal Meridian and Section 30, 31 and 32 of Township 6 South, Range 88 West of the 6th Principal Meridian in which the following metes and bounds describes a boundary line defined by a fence, and the projection of intersecting fence and/or survey monuments that are in or alongside existing fence: Beginning at the Southeast corner of said Section 25 (with all corner and angle pointe herein being defined by a fence, fence intersection and survey monuments as depicted on a Land Survey Plat titled "Rindall Homestead Boundary"). Thence N. 86°03'22"W. 2458.00 feet to the South 1/4 corner of said Section 25; thence N. 02°39'55"W. 2836.00 feet; thence S. 85°04'56"E. 79.32 feet; thence S. 88°51'39"E. 214.88 feet; thence 3. 87°29'52"E. 140.76 feet; thence N. 88°23'18"E. 149.28 feet; thence N. 87°41'18"E. 114.76 feet; thence S. 64°48'29"E. 427.66 feet; thence S. 85°15'54"E. 68.71 feet; thence S. 87°02'22"E. 170.33 feet; thence S. 87°02'22"E. 188.66 feet; thence 3. 82°03'00"E, 104.06 feet; thence S. 81°59'32"E. 173.18 feet; thence S. 81°18'19"E. 535.66 feet; thence S. 81°57'56"E. 203.80 feet; thence S. 85°04'55"E. 15.03 feet; whence the East 1/4 corner of said Section 25 bears S. 86°24'02"E. 35.57 feet; thence N. 00°25'24"W. 1347.51 feet; thence N. 05°51'29"W. 254.86 feet; thence S. 89°14'40"E. 1105.09 feet; thence S. 00°02'11"W. 2504.50 feet to the South 1/4 corner of said Section 30; thence S. 88°42'49"E. 2536.06 feet to the corner common to Section 29, 30, 31 and 32; thence S. 88°53'52"E. 1297.05 feet; thence S. 00°32'32"W. 1329.06 feet; thence S. 00°38'40"W. 1225.34 feet; thence N. 89°37'42"E. 969.82 feet; thence N. 39°51'55"E. 521.76 feet; thence N. 89°33'09"E. 1185.06 feet; thence S. 01°41'27"W. 569.28 feet; thence N. 86°11'34"W. 49.72 feet; thence S. 04°24'02"W. 2132.23 feet; thence N. 89°43'26"W. 1334.71 feet to the South 1/4 corner of said Section 32; Continued on next page 11111111111 111111 11E1 317099 12/01/1997 04:09P B1044 P433 M ALSDORF 2 of 3 R 16.00 D 20.93 GARFIELD COUNTY CO • • Continuation of Schedule A - Legal Description Order Number: 97027403 1111111 11II111111111111 II IIIIIII 111111 III 11111 11111111 517099 12/01/1997 04:09P B1044 P434 M RLSDORF thence N. 09°03'54"E. 1395.04 feet; 3 of 3 R 16.00 D 20.93 GARFIELD COUNTY CO thence S. 89°43'23"W. 2769.40 feet; thence N. 05°06'IO"E. 1305.89 feet to the Weet 1/4 corner of said Section 32; thence S. 89°35'25"W. 3520.84 feet to the West 1/4 corner of maid Section 31; thence N. 00°58'13"E. 939.81 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: PARCEL 1 Beginning at the Section Corner common to sections 29, 30, 31 and 32 in Township 6 South, Range 88 West of the 6th Principal Meridian; thence 3. 88°53'52"E. I192.53 feet to the TRUE POINT OF BEGINNING; thence 3. 88°53'52"E. 104.52 feet; thence S. 00°32'31" 97.21 feet; thence N. 30°16'30"W. 147.80 feet to the TRUE POINT OF BEGINNING. AND PARCEL 2: A parcel of land situate in the Southeast corner of the SE1/4NW1/4 of Section 25 Township 6 South, Range 89 West of the 6th Principal Meridian more particularly described as follows: Beginning at the South 1/4 corner of said Section 25, being an iron post with a brass cap affixed and set by the U.S. General Land Office; thence N. 00°59'16"W. 2685.63 feet to a point, being a rebar set in concrete for the center 1/4 corner of said Faction 25 the TRUE POINT OF BEGINNING; thence N. 85°04'56"W. 79.32 feet to a point that intersects a fenceline bearing Northerly and Southerly; thence alongside said fen,e N. 02°39'56"W. 141.05 feet; thence continuing alongside a fence S. 88.51'39"E. 83.09 feet to a point that intersects the N -S centerline of said Section 25; thence 3. 00°59'16"E. 146.07 feet to the TRUE POINT OF BEGINNING. STATE of COLORADO AND COUNTY OF GARFIELD GARFIELD COUNTY ASSESSORS NO: 21:17-324-00-080 AND 2187-311-00-047 PROVIDED FOR INFORMATIONAL PURPOSE3 ONLY TOGETHER WITH, BUT WITHOUT ANY WARRANTY: 1) A non-exclusive easement for ingress, egress and utility line purposes situated in the North ole -half of Section 32, Township 6 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, being forty feet in width. Said easement shall ,Ixtend from County Road 119 to said Southeast one-quarter of Section 32. This easement shall be adjacent to, contiguous to and parallel to the Westerly line of the property described in deed from William George Ould to Linda Murr, Wilmer Kindall., Carolyn Kindall, Harold Kindall and Virgil Kindall, dated December 4, 1981, and recorded in Book 587 at Page 800 of the Garfield County, Colorado records. 2) Grantor's interest in and to the easements described on Exhibits A, B, C, D and E in the document recorded March 19, 1982, in Book 595 at Page 25 as Reception No. 325788. 3) Grantor's interest in and to any and all well and well rights apd well permits for existing wells on the property conveyed hereby. 1111111 •i11111111Ii1111111i1I III1il III 1 1111 Ilii liil 41 517100 12/01/1997 04:10P 01044 P435 M ALSDORF 1 of 3 R 16.00 0 20.93 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, Made this 26th day of November ,1997 , between THE HAROLD H. RINDALL TRUST, DATED APRIL 4, 1994 of the said County of GARFIELD and State of COLORADO LOS AMIGOS RANCH PARTNERSHIP whose legal address is 2929 ROAD 114 GLENWOOD SPRINGS, CO 81601 of the said County of GARFIELD and State of COLORADO , grantor, and , grantee: 5 DOC FEE $20.93 WITNESS, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration DOLLARS, 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, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: See Exhibit "A" as known by street and number as: 2359 ROAD 119, GLENWOOD SPRINGS, CO 81601 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 what- soever 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 , his heirs and assigns forever. The grantor, for himself, his heirs, and personal representatives or successors, do covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persona claiming the whole or any part thereof, by, through or under thc grantor* The singular number shall include the plural, the plural and the singular, and thc use of any gender shall be applicable to all genders. 1N WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. *Subject to easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 1997, not yet due or payable. THE HAROLD H. KINDALL TRUST, DATED APRIL 4, 1994 A4/(74116 HAROLD H. RI ALL, TRUSTEE G-)027403 State of COLORADO ss. County of GARFIELD NFANI RIND Gt.t.•� Tif{WS r a! DENNEY ;` SOF COQ My COmmissicn F ?41 ' 743 The foregoing instrument was acknowledged before me this 26th day of November , 1997 , by Harold H. Rindall and Stefani Rindall as Trustees of The Harold H. Kindall Trust, dated April 4, 1994 My comtnission expires May 17, 1999 Witness my hand and official seal. (2/),Lail (-j//l ? _ rr f,/Z /� Notary Publ File No. 97027403 Stewart Title or Glenwood Springs, In. No. 16 SPECIAL WARRANTY DEED Rev. 9/97 Return. to: VICKI LEE GREEN & ASSOC. 930 GRAND AVE. GLENWOOD SPRINGS, CO 81601 ) ij t' Order Number: 97027403 illitXHIBIT A WARRANT TO SP Y DEED LEGAL DESCRIPTION AN UNDIVIDED ONE-EIGHTH INTEREST IN AND TO: • A parcei of land situate in Section 25, Township 6 South, Range 89 West of the 6th Principal Meridian and Section 30, 31 and 32 of Township 6 South, Range 88 West of the 6th Principal Meridian in which the following metes and bounds describes a boundary line defined by a fence, and the projection of intersecting fence and/or survey monuments that are in or alongside existing fence: Beginning at the Southeast corner of said Section 25 (with all corner and angle pointe herein being defined by a fence, fence intersection and survey monuments as depicted on a Land Survey Plat titled "Kindall Homestead Boundary"). Thence N. 86°03'22"W. 2458.00 feet to the South 1/4 corner of said Section 25; thence N. 02°39'55"W. 2836.00 feet; thence S. 85004'56"E. 79.32 feet; thence S. 88°51'39"E. 214.88 feet; thence S. 87°29'52"E. 140.76 feet; thence W. 88°23'18"E. 149.28 feet; thence N. 87°41'18"E. 114.76 feet; thence S. 64°48'29"E. 427.66 feet; thence S. 85°15'54"E. 68.71 feet; thence S. 87°02'22"E. 170.33 feet; thence S. 87°02'22"E. 188.66 feet; thence S. 82°03'00"E. 104.06 feet; thence S. 81°59'32"E. 173.18 feet; thence S. 81°I8'19"E. 535.66 feet; thence S. 81°57'56"E. 203.80 feet; thence S. 85004'55"E. 15.03 feet; whence the East 1/4 corner of said Section 25 bears S. 86°24'02"E. 35.57 feet; thence N. 00°25'24"W. 1347.51 feet; thence N. 05°51'29"W. 254.86 feet; thence S. 89°14'40"E. 1105.09 feet; thence S. 00°02'11"W. 2504.50 feet to the South 1/4 corner of said Section 30; thence S. 88°42'49"E. 2536.06 feet to the corner common to Section 29, 30, 31 and 32; thence S. 88°53'52"E. 1297.05 feet; thence S. 00°32'32"W. 1329.06 feet; thence S. 00°38'40"W. 1225.34 feet; thence N. 89°37'42"E. 969.82 feet; thence N. 89051'550E. 521.76 feet; thence N. 89°33'09"E. 1185.06 feet; thence S. 01041'27"W. 569.28 feet; thence N. 86°11'34"W. 49.72 feet; thence S. 04°24'02"W. 2132.23 feet; thence N. 89043'26"W. 1334.71 feet to the South 1/4 corner of said Section 32; Continued on next page I 111111 11111 11111 11111 11 1111111 111111 111 IIIII 1111 1111 517100 12/01/1997 04:10P 61044 P436 M ALSDORF 2 of 3 R 16.00 D 20.93 GARFIELD COUNTY CO • • Continuation of Schedule A - Legal Description Order Numbsr: 97027403 11111 III 111111 111111 1111111111U III 11111 110111 517100 12/01/1997 04.10P 81044 P437 M ALSDORF thence N. 09°03'54"E. 1395.04 feet; 3 of 3 R 16.00 D 20.93 GARFIELD COUNTY CO thence S. 89°43'23"W. 2769.40 feet; thence N. 05°06'10"E. 1305.89 feet to the West 1/4 comer of said Section 32; thence S. 89°35'25"W. 3520.84 feet to the West 1/4 corner of said Section 31; thence N. 00°58'13"E. 939.81 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: PARCEL 1 Beginning at the Section Corner common to Sections 29, 30, 31 and 32 in Township 6 South, Range 88 West of the 6th Principal Meridian; thence S. 88°53'52"E. 1192.53 feet to the TRUE POINT OF BEGINNING; thence S. 88°53'52"E. 104.52 feet; thence S. 00°32'32" 97.21 feet; thence N. 30°16'30"W. 147.80 feet to the TRUE POINT OF BEGINNING. AND PARCEL 2: A parcel of land situate in the Southeast corner of the SE1/4NW1/4 of Section 25 Township 6 South, Range 89 Wert of the 6th Principal Meridian more prrticularly described as follows: Beginning at the South 1/4 corner of said Section 25, being an iron poet with a brass cap affixed and set by the U.S. General Land Office; thence N. 00°59'16"W. 2685.63 feet to a point, being a rebar set in concrete for the center 1/4 corner of said Faction 25 the TRUE POINT OF BEGINNING; thence N. 85°04'56"W. 79.32 feet to a point that intersects a fenceline bearing Northerly and .Southerly; thence alongside said i'ence N. 02°39'56"W. 141.05 feet; thence continuing alongside a fence S. 88°51'39"E. 83.09 feet to a point that intersects the N -S centerline of said Section 25; thence S. 00°59'16"E. 146.07 feet to the TRUE POINT OF BEGINNING. STATE OF COLORADO AND COUNTY OF GARFIELD GARFIEI-.D COUNTY ASSESSORS NO: 21..7-324-00-080 AND 2187-311-00-047 PROVIDED FOR INFORMATIONAL PURPOSK3 ONLY TOGETHER WITH, BUT WITHOUT ANY WARRANTY: 1) A non-exclusive easement for ingress, egress and utility line purposes situated in the North uie-half of Section 32, Township 6 South, Range 88 West of the 6th Principal Meiid.in, Garfield County, Colorado, being forty feet in width. Said easement shall axtend from County Road 119 to said Southeast one-quarter of Sectic.t 32. This easement shall be adjacent to, contiguous to and parallel to the Westerly 11ne of the property described in deed from William George Ould to Linda Murr, Wil:»er Kindall, Carolyn Kindall, Harold Kindall and Virgil Kindall, dated December 4, 1981, and recorded in Book 587 at Page 800 of the Garfield County, Colorado records. 2) Grantor's interest in and to Lhe easements described on Exhibits A, 8, C, D and E _i.ii the document recoried March 19, 1982, in Book 595 at Page 25 as Reception No. 325788. 3) Grcntor's interest. in and to any and all well and well rights and well permits for existing wells on ,:he property conveyed hereby. 1 11 1111iIIii111111111111111111111111111111111111 1110 3 8 517101 12/01/1997 04:11P 81044 P438 M RLSDORF 1 of 3 R 16.00 D 20.94 GARFIELD COUNTY CO SPECIAL WARRANTY DEED TIES DEED, Made this 26th day of November KEITH KINDALL ,19 9 7 ,between of the said County of and State of SOUTH CAROLINkantor, and LOS AMIGOS RANCH PARTNERSHIP whose legal address is 2929 ROAD 114 GLENWOOD SPRINGS, CO 81601 of the said County of GARFIELD and State of COLORADO , grantee: DOC FEE $20.94 WITNESS, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration DOLLARS, 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, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: See Exhibit "A" as known by street and number as: 2359 ROAD 119, GLENWOOD SPRINGS, CO 81601 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 what- soever 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 , his heirs and assigns forever. The grantor, for himself, his heirs, and personal representatives or successors, do covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor *The singular number shall include the plural, the plural and the singular, and the use of any gender shell be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. *Subject to easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 1997, not yet due or payable. WILMER KINDALL AS ATTORNEY IN FACT FOR KEITH KINDALL State of COLORADO ) 55. County of GARFIELD My Commission Explrrs 517-O9 The foregoing instrument was acknowledged before me this 26th day of November by Wilmer Kindall as attorney in fact for Keith Kindall My commission expires May 17, 1999 Flis No, 97027403 Stewart Lille of Glenwood Springs, Inc. No. 16 SPECIAL WARRANTY DEED Rey. 9/97 . Witness my hand and official seal. ,1997 , Return to: VICKI LEE GREEN & ASSOC. 930 GRAND AVE. GLENWOOD SPRINGS, CO 81601 Order Number: 97027403 E L HIBIT A TO SP WARRANTY DEED LEGAL DESCRIPTION AN UNDIVIDED ONE-EIGHTH INTEREST IN AND TO: • A parcel of land situate in Section 25, Township 6 South, Range 89 West of the 6th Principal Meridian and Section 30, 31 and 32 of Township 6 South, Range 88 West of the 6th Principal Meridian in which the following metes and bounds describes a boundary line defined by a fence, and the projection of intersecting fence and/or survey monuments that are in or alongside existing fence: Beginning at the Southeast corner of said Section 25 (with all corner and angle pointe herein being defined by a fence, fence intersection and survey monuments as depicted on a Land Survey Plat titled "Rindall Homestead Boundary"). Thence N. 86°03'22"W. 2458.00 feet to the South 1/4 corner of said Section 25; thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence whence feet; thence thence thence thence 30; thence 31 and thence 1297.05 thence 1329.06 thence 1225.34 thence 969.82 thence 521.76 thence 1185.06 thence 569.28 thence 49.72 thence 2132.23 thence 1334.71 32; N. 02°39'55"W. 2836.00 S. 85°04'56"E. 79.32 S. 88°51.39"E. 214.88 S. 87°29'52"E. 140.76 N. 88°23'18"E. 149.28 N. 87°41'18"E. 114.76 S. 64°48'294E. 427.66 S. 85°15'54"E. 68.71 S. 87°02'22"E. 170.33 S. 87°02'22"E. 188.66 S. 82°03'00"E. 104.06 S. 81°59'32"E. 173.18 S. 81°18'19"E. 535.66 S. 81°57'56"E. 203.80 S. 85°04'55"E. 15.03 the East 1/4 corner of N. 00°25'24"W. 1347.51 N. 05°51'29"W. 254.86 S. 89°14'40"E. 1105.09 S. 00°02'11"W. 2504.50 S. 32; S. 88°53'52"E. S. 00°32'32"W. S. 00°38'40"W. N. 89°37'42"E. N. 89°51'55"E. M. 89°33'09"E. S. 01°41'27"W. N. 86°11'34"W. S. 04°24'02"W. N. 89°43'26"W. 88°42'49"E. 2536.06 feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; said Section feet; feet; feet; feet to feet to 25 bears S. 86°24'02"E. 35.57 the South 1/4 corner of said Section the corner common to Section 29, 30, feet; feet; feet; feet; feet; feet; feet; feet; feet; feet to the South 1/4 corner of said Section Continued on next page 1 111111 11111 111111 111111 11 1111111 111111 III 1111111111111 517101 12/01/1997 04:11P B1044 P439 M ALSDORF 2 of 3 R 16.00 D 20.94 GARFIELD COUNTY CO r • Continuation of Schedule A - Legal Description Order Number: 97027403 1111111 11111 1111 21111 1111111 111111111 11111 11111111 517101 12/01/1997 04 11P 81044 P440 M ALSDORF thence N. 09°03'54"E. 1395.04 feet; 3 of 3 R 16.00 0 20.94 GARFIELD COUNTY CO thence S. 89°43'23"W. 2769.40 feet; thence N. 05°06'10"E. 1305.89 feet to the West 1/4 corner of said Section 32; thence S. 89°35'25"W. 3520.84 feet to the West 1/4 corner of said Section 31; thence N. 00°58'13"E. 939.81 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: PARCEL 1 Beginning at the Section Corner common to Sections 29, 30, 31 and 32 in Township 6 South, Range 88 West of the 6th Principal Meridian; thence S. 88°53'52"E. 1192.53 feet to the TRUE POINT OF BEGINNING; thence S. 88°53'52"E. 104.52 feet; thence S. 00°32'32" 97.21 feet; thence N. 30°16'30"W. 147.80 feet to the TRUE POINT OF BEGINNING. AND PARCEL 2: A parcel of land situate in the Southeast corner of the SE1/4NW1/4 of Section 25 Township 6 South, Range 89 West of the 6th Principal Meridian more particularly described as follows: Beginning et the South 1/4 corner of said Section 25, being an iron poet with a brass cap affixed and set by the U.S. General Land Office; thence N. 00°59'16"W. 2685.63 feet to a point, being a rebar set in concrete for the center 1/4 corner of said Fection 25 the TRUE POINT OF BEGINNING; thence N. 85°04'56"W. 79.32 feet to a point that intersects a fenceline bearing Northerly and Southerly; thence alongside said fence N. 02°39'56"W. 141.05 feet; thence continuing alongside a fence S. 88°51'39"E. 83.09 feet to a point that intersects the N-3 centerline of said Section 25/ thence 3. 00°59'16"E. 146.07 feet to the TRUE POINT OF BEGINNING. STATE OF COLORADO AND COUNTY OF GARFIELD GARFIELD COUNTY ASSESSORS NO: 21..7-324-00-080 AND 2I87-311-00-047 PROtIDED FOR INFORMATIONAL PURPOSES ONLY TOGETHER WITH, BUT WITHOUT ANY WARRANTY: 1) A non-exclusive easement for ingress, egress and utility line purposes situated in the North Lie -half of Section 32, Township 6 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, being forty feet in width. Said easement shall extend from County Road 119 to said Southeast one-quarter of Section 32. This easement shall be adjacent to, contiguous to and parallel to the Wusterly lLne of the property described in deed from William George Ould to Linda Murr, Wilmer Kindall., Carolyn Kindall, Harold Kindall and Virgil Kindall, dated December 4, 1981, and recorded in Book 587 at Page 800 of the Garfield County, Colorado records. 2) Grantor's interest in and to the easements described on Exhibits A, B, C, D and E in the document recoiled March 19, 1982, in Book 595 at Page 25 as Reception No. 325788. 3) Grantor's interest in and to any and all well and well rights and well permits for existing wells on the property conveyed hereby. 11111111111 111111111 !! II IIII 1111111111111111111 517102 1 /1997 04:11P 31044 P441 M ALSOORF 1 of 3 R 16.00 D 20.94 GARFIELD COUNTY CO • £,q/ SPECIAL WARRANTY DEED THIS DEED, Made this 26th day of November ,199 7 , between EVAND KINDALL of the said County of and State of COLORADO , grantor, and LOS AMIGOS RANCH PARTNERSHIP whose legal address is 2929 ROAD 114 GLENWOOD SPRINGS, CO 81601 of the said County of GARFIELD and State of COLORADO , grantee: WITNESS, that the grantor, for and in consideration of the sum of Ten dollars and other valuable consideration DOLLARS, the receipt acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, County of GARFIELD and State of Colorado described as follows: See Exhibit "A" as known by street and number as: 2359 ROAD 119, GLENWOOD SPRINGS, CO 81601 TOGETIIER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, tide, soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, assigns forever. Tho grantor, for himself, his heirs, and personal representatives or successors, do covenant WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession assigns, against all and every person or persons claiming the whole or any part thereof, by, through number shall include the plural, the plural and the singular, and the use of any gender shall be applicable IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. *Subject to easements, restrictions, reservations and rights of situate and in use, and real property taxes for the year 1997, l DOC FEE $20.94 good and and sufficiency of which is hereby sell, convey and confirm, unto the lying and being in the said appertaining, and the reversion interest, claim and demand what- and appurtenances, unto the grantee , his heirs and and agree that he shall and will of the grantee, his heirs and or under the grantor/.‘ The singular to all genders. way of record, or not yet due or payable. WILMER RINDALL AS ATTORNEY IN FACT FOR EVAND KINDALL '' "r. r ° .) 1J9 rn CINDY , /RUCHES ' 6 sari.. DENNEY f(:)�l + F r..''' 41 -S�- iC6Expllfs55-17-99 •,.'1397 , ef L/LU��� s State of COLORADO ) ss. Countyof GARFIELD ) M'C0Rlr1E1 The foregoing instrument was acknowledged before me this 26th day of November by Wilmer Kindall as attorney in fact for Evand Kindall My commission expires May 17, 1999 . Witness my hand and official seal. OW CL t /2,7g7 Notary Pu Ic File No. 97027403 Stewart Title of Glenwood Springs, Inc. No. 16 SPECIAL WARRANTY DEED Ree. 9197 Return to: VICKI LEE GREEN & ASSOC. 930 GRAND AVE. GLENWOOD SPRINGS, CO 81601 HIBIT A TO SPE WARRANTY DEED Order Number: 97027403 LEGAL DESCRIP77ON AN UNDIVIDED ONE-EIGHTH INTEREST IN AND TO: • A parcel of land situate in Section 25, Township 6 South, Range 89 West of the 6th Principal Meridian and Section 30, 32 and 32 of Township 6 South, Range 88 West of the 6th Principal Meridian in which the following metes and bounds describes a boundary line defined by a fence, and the projection of intersecting fence and/or survey monuments that are in or alongside existing fence: Beginning at the Southeast corner of said Section 25 (with all corner and angle points herein being defined by a fence, fence intersection and survey monuments as depicted on a Land Survey Plat titled "Xindall Homestead Boundary"). Thence N. 86°03'22"W. 2458.00 feet to the South 1/4 corner of said Section 25; thence N. 02°39'55"W. 2836.00 feet; thence S. 85°04'56"E. 79.32 feet; thence S. 88°51'39"E. 214.88 feet; thence S. 87°29'52"E. 140.76 feet; thence N. 88°23'18"E. 149.28 feet; thence N. 87°41'18"E. 114.76 feet; thence S. 64°48'29"S. 427.66 feet; thence S. 85°I5'54"E. 68.71 feet; thence S. 87°02'22"E. 170.33 feet; thence B. 87°02'22"E. 188.66 feet; thence 5. 82°03'00"E. 104.06 feet; thence S. 81°59'32"E. 173.18 feet; thence S. 81°18'19"E. 535.66 feet; thence S. 81°57'56"E. 203.80 feet; thence S. 85°04'55"E. I5.03 feet; whence the East 1/4 corner of said Section 25 bears S. 86°24'02"E. 35.57 feet; thence N. 00°25'24"W. 1347.51 feet; thence N. 05°51'29"W. 254.86 feet; thence S. 89°14'40"E. 1105.09 feet; thence S. 00°02'11"W. 2504.50 feet to the South 1/4 corner of said Section 30; thence S. 88°42'49"E. 2536.06 feet to the corner common to Section 29, 30, 31 and 32; thence S. 88°53'52"E. 1297.05 feet; thence S. 00°32'32"W. 1329.06 feet; thence S. 00°38'40"W. 1225.34 feet; thence N. 89°37'42"E. 969.82 feet; thence N. 89°51'55"E. 521.76 feet; thence N. 89°33'09"E. 1185.06 feet; thence S. 01°41'27"W. 569.28 feet; thence N. 86'11'34"W. 49.72 feet; thence S. 04°24'02"W. 2132.23 feet; thence N. 89°43'26"W. 1334.71 feet to the South 1/4 corner of said Section 32; Continued on next page • 1111111 11111 11111 111111 11 1111111 111111111 11111 11111111 517102 12/01/1997 04:11P B1044 P442 M ALSDORF 2 of 3 R 16.00 D 20.94 GARFIELD COUNTY CO Continuation of Schedule Order Number: 97027403 thence N. thence S. thence N. thence S. thence N. 09°03'54"E. 89043'23"W. 05006'10"E. 89035'25"W. 00058'13"E. • • A - Legal Descrintion 111111111!!! 1!1111111111111111111111111 I II 11111 11111111 517102 12/01/1997 04:11P 81044 P443 11 ALSDORF 1395.04 feet; 3 of 3 R 16.00 D 20.94 GPRFIELD COUNTY CO 2769.40 feet; 1305.89 feet to the Neat 1/4 corner of said Section 32; 3520.84 feet to the West 1/4 corner of said Section 31; 939.81 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: PARCEL 1 Beginning at the Section Corner common to Sections 29, 30, 31 and 32 in Township 6 South, Range 88 West of the 6th Principal Meridian; thence S. 88°53'52"E. 1192.53 feet to the TRUE POINT OF BEGINNING; thence S. 88053'52"E. 104.52 feet; thence S. 00°32'32" 97.21 feet; thence N. 30°16'30"W. 147.80 feet to the TRUE POINT OF BEGINNING. AND PARCEL 2: A parcel of land situate in the Southeast corner of the SE1/4NW1/4 of Section 25 Township 6 South, Range 89 West of the 6th Principal Meridian more particularly described as follows: Beginning at the South 1/4 corner of said Section 25, being an iron poet with a brass cap affixed and set by the U.S. General Land Office; thence N. 00059'16"W. 2685.63 feet to a point, being a rebar set in concrete for the center 1/4 corner of said Faction 25 the TRUE POINT OF BEGINNING, thence N. 85004'56"W. 79.32 feet to a point that intersects a fenceline bearing Northerly and Southerly; thence alongside said teniae N. 02°39'56'W. 141.05 feet; thence continuing alongside a fence 3. 88°5I'39"E. 83.09 feet to a point that intersects the N -S centerline of said section 25; thence S. 00°59'16"E. 146.07 feet to the TRUE POINT OF BEGINNING. STATE OF COLORADO AND COUNTY OF GARFIELD GARFIELD COUNTY ASSESSORS NO: 21J7-324-00-080 AND 2187-311-00-047 PROtIDED FOR INFORMATIONAL PURPOSE3 ONLY TOGETHER WITH, BUT WITHOUT ANY WARRANTY: 1) A non—exclusive easement for ingress, egress and utility line purposes situated in the North vie -•half of Section 32, Township 6 South, Range 88 West of the 6th Principal Meridl.an, Garfield County, Colorado, being forty feet in width. Said easement shall axtend from County Road 119 to said Southeast one—quarter of Section 32. This easement shall be adjacent to, contiguous to and parallel to the Westerly 1.Lne of the property described in deed from William George Ould to Linda Murr, Wilmer Kindall., Carolyn Kindall, Harold Kindall and Virgil Kindall, dated December 4, 1981, and recorded in Book 587 at Page 800 of the Garfield County, Colorado records. 2) Grantor's interest in and to the easements described on Exhibits A, B, C, D and E in the document recoiled March 19, 1982, in Book 595 at Page 25 as Reception No. 325788. 3) Grantor's interest in and to any and all well and well rights and well permits for existing wells on the property conveyed hereby. 111E1 1111101 1111111 1111111 1411111 1111111111111 t, OUc 517103 1/1997 04.12P 81044 P444 M PLSDORF 1 of 3 R 16.00 D 20.94 GARFIELD COUNTY CO SPECIAL WARRANTY DEED TIDS DEED, Made this 26th day of November ,1997 , between WILMER RINDALL of the said County of GARFIELD and State of COLORADO LOS AMIGOS RANCH PARTNERSHIP whoae legal address is 2929 ROAD 114 GLENWOOD SPRINGS, CO 81601 old= said County of GARFIELD and State of COLORADO , grantor, and , grantee: DOC FEE $20.94 WITNESS, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration DOLLARS, 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, his heirs and assigns forever, all the real property, together with improvement, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: See Exhibit "A" as known by street and number as: 2359 ROAD 119, GLENWOOD SPRINGS, CO 81601 TOGETIIER 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 profit thereof, and all the estate, right, title, interest, claim and demand what- soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditament and appurtenances. TO HAVE AND TO IIOLD the said premises above bargained and described with the appurtenances, unto the grantee , his heirs and assigns forever. The grantor, for himself, his heirs, and personal representatives or successors, do covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor* The singular number shall include the plural, the plural and the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. *Subject to easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 1997, not yet due or payable. WILMER RINDALL State of COLORADO ss. Countyof GARFIELD CINDY HUGHES f 4 DENNEY t_ FOF rC ' The foregoing instrument was acknowledged beforlfySNanIESIC $ i1$ S -1t OAf by Wilmer Rindall November ;;'1997 , My commission expires May 17 , 1999 . Witness my hand and official seal. trt« otary Publi �j" FVr N. 97027403 str.rn.e Tturorctn,wood Spdner,tno. Return to: VICKI LEE GREEN & ASSOC. N. 16 SPECIAL WARRANTY DEED live . 9/97 930 GRAND AVE. GLENWOOD SPRINGS, CO 81601 OrderNumber: 97027403 *XHIBIT A WARRANTY SP DEED LEGAL DESCIUPTION AN UNDIVIDED ONE-EIGHTH INTEREST IN AND TO: • A parcel of land situate in Section 25, Township 6 South, Range 89 West of the 6th Principal Meridian and Section 30, 31 and 32 of Township 6 South, Range 88 West of the 6th Principal Meridian in which the following metes and bounds describes a boundary line defined by a fence, and the projection of intersecting fence and/or survey monuments that are in or alongside existing fence: Beginning at the Southeast corner of said Section 25 (with all corner and angle points herein being defined by a fence, fence intersection and survey monuments as depicted on a Land Survey Plat titled "Rindall Homestead Boundary"). Thence N. 86°03'22"W. 2458.00 feet to the South 1/4 corner of said Section 25; thence 'S5"W. thence '56"E. thence '39"E. thence '52"E. thence '18"E. thence '18"E. thence '29"E. thence '54"E. thence '22"E. thence '22"E. thence '00"E. thence '32"E. thence '19"E. thence '56"E. thence '55"E. whence feet; thence 00°25 thence 05°51 thence 89°14 thence 00°02 N. 02°39 S. 85°04 S. 88°51 S. 87°29 N. 88°23 N. 87°41 S. 64°48 S. 85°I5 S. 87°02 S. 87°02 S. 82°03 S. 81°59 S.'81 °18 S. 81°57 S. 85°04 the East 30; thence 31 and thence thence thence thence thence thence thence thence thence thence 32; N. N. S. S. 2836.00 feet; 79.32 feet; 214.88 feet; 140.76 feet; 149.28 feet; 114.76 feet; 427.66 feet; 68.71 feet; 170.33 feet; 188.66 feet; 104.06 feet; 173.18 feet; 535.66 feet; 203.80 feet; 15.03 feet; 1/4 corner of said Section 25 bears S. 86024'020E. 35.57 '24"W. 1347.51 feet; '29"W. 254.86 feet; '40"E. 1105.09 feet; '11"W. 2504.50 feet to the South 1/4 corner of said Section S. 88°42'490E. 2536.06 feet to the corner common to Section 29, 30, 32; S. 88053'52"E. 1297.05 feet; S. 00°32'320W. 1329.06 feet; S. 00°38'40"W. 1225.34 feet; N. 89°37'42"E. 969.82 feet; N. 89°51'55"E. 521.76 feet; N. 89°33'09"E. 1185.06 feet; S. 01°4I'27"W. 569.28 feet; N. 86°11'34"W. 49.72 feet; S. 04024'02"W. 2132.23 feet; N. 89°43'26"W. 1334.71 feet to the South 1/4 corner of said Section Continued on next page 1 111111 11111 111111 111111 11 1111111 111111 III 1111111111111 517103 12/01/1997 04 12P B1044 P445 M ALSDORF 2 of 3 R 16.00 D 20.94 GARFIELD COUNTY CO • • Continuation of Schedule A - Legal Description Order Number: 97027403 IIIII 11111111111111111111111111 IIIIII III 11111 III 1111. 517103 12/01/1997 04:12P 01044 P446 M RLSDORF thence N. 09°03'54"E. 1395.04 feet; 3 of 3 R 16.00 D 20.94 GARFIELD COUNTY CO thence S. 89°43'23"W. 2769.40 feet; thence N. 05°06'10"E. 1305.89 feet to the West 1/4 corner of said Section 32; thence S. 89°35'25"W. 3520.84 feet to the Weat 1/4 corner of said Section 31; thence N. 00°58'13"E. 939.81 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTr: PARCEL 1 Beginning at the Section Corner common to Sections 29, 30, 31 and 32 in Township 6 South, Range 88 Weat of the 6th Principal Meridian; thence 3. 88°53'52"E. 1192.53 feet to the TRUE POINT OF BEGINNING; thence S. 88°53'52"E. 104.52 feet; thence S. 00°32'32" 97.21 feet; thence N. 30°16'30"W. 147.80 feet to the TRUE POINT OF BEGINNING. AND PARCEL 2: A parcel of land situate in the Southeast corner of the SEI/4NW1/4 of Section 25 Township 6 South, Range 89 West of the 6th Principal Meridian more particularly described as follows: Beginning at the South 1/4 corner of said Section 25, being an iron post with a brass cap affixed and set by the U.S. General Land Office; thence N. 00°59'16"W. 2685.63 feet to a point, being a rebar set in concrete for the center 1/4 corner of said Rection 25 the TRUE POINT OP BEGINNING; thence N. 85°04'56"W. 79.32 feet to a point that intersects a fenceline bearing Northerly and Southerly; thence alongside said fence N. 02°39.56'W. 141.05 feet; thence continuing alongside a fence S. 88°51'39"E. 83.09 feet to a point that intersects the N" --S centerline of said Section 25; thence 3. 00°59'16"E. 146.07 feet to the TRUE POINT OP BEGINNING. STATE OP COLORADO AND COUNTY OF GARFIELD GARFIELD COUNTY ASSESSORS No: 21..7-324-00-080 AND 2187-311-00-047 PROtIDED FOR INFORMATIONAL PURPOSE3 ONLY TOGETHER WITH, BUT WITHOUT ANY WARRANTY: 1) A non-exclusive easement for ingress, egress and utility line purposes situated in the North one-half of Section 32, Township 6 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, being forty feet in width. Said easement shall extend from County Road 119 to said Southeast one-quarter of Section 32. This easement shall be adjacent to, contiguous to and parallel to the Westerly Line of the property described in deed from William George Ould to Linda Murr, Wilmer Kindall, Carolyn Kindall, Harold Kindall and Virgil Kindall, dated December 4, 1981, and recorded in Book 587 at Page 800 of the Garfield County, Colorado records. 2) Grantor's interest in and to the easements described on Exhibits A, B, C, D and E in the document recorded March 19, 1982, in Book 595 at Page 25 as Reception No. 325788. 3) Grantor's interest in and to any and all well and well rights and well permits for existing wells on the property conveyed hereby. 1111111111e111iIiI 1111111 111 11 111 1111 1111 11 11 4 (-/(/1 517104 12/ /1997 04:13P 31044 P447 M ALSDORF 1 of 3 R 16.00 D 20.94 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, Made this 26th day of November ,1997 , between CAROLYN KINDALL A/K/A CAROLYN 0. KINDALL A/K/A CAROLYN 0. JOHNSON of the said County of and State of ARI ZONA LOS AMIGOS RANCH PARTNERSHIP whose legal address is 2929 ROAD 114 GLENWOOD SPRINGS, CO 81601 of the said County of GARFIELD and State of COLORADO , grantor, and , grantee: DOC FEE $20.94 WITNESS, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration DOLLARS, 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, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: See Exhibit "A" as known by street and number as: 2359 ROAD 119 , GLENWOOD SPRINGS, CO 81601 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 what- soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE ANI) TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee , his heirs and assigns forever. The grantor, for himself, his heirs, and personal representatives or successors, do covenant and agree that he shalt and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor!, The singular number shall include the plural, the plural and the singular, and the use of any gender shall be applicable to all genders. IN WITNESS 'WHEREOF, the grantor has executed this deed on the date set forth above. *Subject to easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 1997, not yet due or payable. 0 n \'�!.. P j,Q - CAROLYN KINDALL A/K/A CAROLYN 0. KINDALL A/K/A CAROLYN O. JOHN •s.. CINDY 1 HUGHES t HY: WILMER KINDALL AS HER ATTORNEY IN FACT State of COLORADO County of GARFIELD ss. ) DENNLY My Commfssfcn Exph7s 5-17-99 The foregoing instrument was acknowledged before me this 26th day of November 1997 , by Wilmer Kindall as attorney in fact for Carolyn 0. Kindall a/k/a Carolyn Kindall a/k/a Carolyn 0. Johnson My commission expires May 17, 1999 . Witness my hand and official seal. _' G1.4!_l� '( eL (l� rl-��— Notary lie File N. 97027403 SlewsirtTmr oe Glenwood spdns•,I"e.Return to: VICKI LEE GREEN & ASSOC. No. 16 SPECIAL WARRANTY DEED 930 GRAND AVE. Are . 9/97 GLENWOOD SPRINGS, CO 81601 Order Number: 97027403 £BIT A WARRANT TO SP Y DEED LEGAL DESCRIP77ON AN UNDIVIDED ONE-EIGHTH INTEREST IN AND TO: • A parcel of land situate in Section 25, Township 6 South, Range 89 Weat of the 6th Principal Meridian and Section 30, 31 and 32 of Township 6 South, Range 88 Weat of the 6th Principal Meridian in which the following metes and bounds describes a boundary line defined by a fence, and the projection of intersecting fence and/or survey monuments that are in or alongside existing fence: Beginning at the Southeast corner of said Section 25 (with all corner and angle points herein being defined by a fence, fence intersection and survey monuments as depicted on a Land Survey Plat titled "Rindall Homestead Boundary"). Thence N. 86'03'22'W. 2458.00 feet to the South 1/4 corner of said Section 25; thence N. 02°39'55"W. 2836.00 feet; thence S. 85°04'56"E. 79.32 feet; thence S. 88°51'39"E. 214.88 feet; thence 3. 87°29'52"E. 140.76 feet; thence N. 88°23'18"E. 149.28 feet; thence N. 87°41'18"E. 114.76 feet; thence S. 64°48'29"E. 427.66 feet; thence 3. 85°15'54"E. 68.71 feet; thence S. 87°02'22"E. 170.33 feet; thence S. 87°02'22"E. 188.66 feet; thence S. 82°03'00"E. 104.06 feet; thence S. 81°59'32"E. 173.18 feet; thence S. 81°18'19"E. 535.66 feet; thence S. 81°57'56"E. 203.80 feet; thence S. 85°04'55"E. 15.03 feet; whence the East 1/4 corner of said Section 25 bears S. 86°24'02"E. 35.57 feet; thence N. 00°25'24"W. 1347.51 feet; thence N. 05°51'29"W. 254.86 feet; thence S. 89°14'40"E. 1105.09 feet; thence S. 00°02'11"W. 2504.50 feet to the South 1/4 corner of said Section 30; thence S. 88°42'49"E. 2536.06 feet to the corner common to Section 29, 30, 31 and 32; thence 3. 88°53'52"E. 1297.05 feet; thence S. 00°32'32"W. 1329.06 feet; thence S. 00°38'40"W. 1225.34 feet; thence N. 89°37'42"E. 969.82 feet; thence N. 89°51'55"E. 521.76 feet; thence N. 89°33'09"E. 1185.06 feet; thence S. 01°41'27"W. 569.28 feet; thence N. 86°11'34"W. 49.72 feet; thence S. 04°24'02"W. 2132.23 feet; thence N. 89°43'26"W. 1334.71 feet to the South 1/4 corner of said Section 32; Continued on next page 1111111111! 111111 111111 11 1111111 111111 111 1111111111111 517104 12/01/1997 04:13P 81044 P448 M ALSDORF 2 of 3 R 16.00 D 20.94 GARFIELD COUNTY CO • • Continuation of Schedule A - Legal Description Order Number: 97027403 1111111111D II 111111111111111111111111111111 111 111 517104 12/01/1997 04:13P 81044 P449 M RLSDORF thence N. 09°03'54"E. 1395.04 feet; 3 of 3 R 16.00 D X0.94 GARFIELD COUNTY CO thence S. 89°43'23"W. 2769.40 feet; thence N. 05°06'I0"E. 1305.89 feet to the West 1/4 corner of said Section 32; thence 3. 89°35'25"W. 3520.84 feet to the West 1/4 corner of said Section 31; thence N. 00°58'13"E. 939.81 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: PARCEL 1 Beginning at the Section Corner common to Sections 29, 30, 31 and 32 in Township 6 South, Range 88 West of the 6th Principal Meridian; thence S. 88°53'52"E. 1192.53 feet to the TRUE POINT OF BEGINNING; thence S. 88°53'52"E. 104.52 feet; thence S. 00°32'32" 97.21 feet; thence N. 30°16'30"W. 147.80 feet to the TRUE POINT OF BEGINNING. AND PARCEL 2: A parcel of land situate in the Southeast corner of the SE1/4NW1/4 of Section 25 Township 6 South, Rang• 89 Wort of the 6th Principal Meridian more particularly described as follower Beginning at the South 1/4 corner of said Section 25, being an iron poet with a brass cap affixed and set by the U.S. General Land Office; thence N. 00°59'16"W. 2685.63 feet to a point, being a rebar set in concrete for the ::•enter 1/4 corner of said :'action 25 the TRUE POINT OF BEGINNING; thence N. 85°04'56"W. 79.32 feet to a point that intersects a fenceline bearing Northerly and Southerly; thence alongside said fence N. 02°39'56"W. 141.05 feet; thence continuing alongside a fence 3. 88"51'39"E. 83.09 feet to a point that intersects the N-3 centerline of said Section 25; thence S. 00°59'16"E. 146.07 feet to the TRUE POINT 01 BEGINNING. STATE OF COLORADO AND COUNTY OF GARFIELD GARFIELD COUNTY ASSESSORS NO: 21.7-324-00-080 AND 2187-311-00-047 PROVIDED FOR INFORMATIONAL PURPOSE) ONLY TOGETHER WITH, BUT WITHOUT ANY WARRANTY: 1) A non-exclusive easement for ingress, egress and utility line purposes situated in the North i e -half of Section 32, Township 6 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, being forty feet in width. Said easement shall extend from County Road 119 to said Southeast one-quarter of Section 32. This easement shall be adjacent to, contiguous to and parallel to the Westerly 1.Lne of the property described in deed from William George Ould to Linda Murr, Wilmer Kindall, Carolyn Kindall, Harold Kindall and Virgil Kindall, dated December 4, 1981, and recorded in Book 587 at Page 800 of the Garfield County, Colorado records. 2) Grantor's interest in and to the easements described on Exhibits A, B, C, D and E in the document recorded March 19, 1982, in Book 595 at Page 25 as Reception No. 325788. 3) Grantor's interest in and to any and all well and well rights and well permits for existing wells on the property conveyed hereby.