HomeMy WebLinkAbout1.10 Proof of Ownership Lake Springs Ranch
Subdivision Preliminary Plan & PUD Amendment June 2015
Exhibit 9 | Proof of Ownership Documentation
Lake Springs Ranch
Subdivision Preliminary Plan & PUD Amendment June 2015
Exhibit 9a | Title Commitment
Customer Distribution
Our Order Number: GW63009590-2
Date: 05-15-2015
Property Address: TBD, GLENWOOD SPRINGS, CO 81601
For Title Assistance
GLENWOOD SPRINGS "GW" UNIT
1317 GRAND AVE #200
GLENWOOD SPRINGS, CO 81601
970-945-2610 (phone)
970-945-4784 (fax)
cblackard@ltgc.com
TG MALLOY CONSULTING
Attention: TIM MALLOY
402 PARK DRIVE
GLENWOOD SPRINGS, CO 81601
970-945-0832 (work)
tgmalloy@sopris.net
Delivered via: Electronic Mail
Land Title Guarantee Company
Estimate of Title Fees
Order Number:GW63009590-2 Date: 05-15-2015
Property Address:TBD, GLENWOOD SPRINGS, CO 81601
Buyer/Borrower:A BUYER TO BE DETERMINED
Seller:THE BERKELEY FAMILY LIMITED PARTNERSHIP AND A/K/A THE BERKELEY FAMILY LLLP
Visit Land Title's website at www.ltgc.com for directions to any of our offices.
Estimate of Title Insurance Fees
TBD Commitment $199.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing.
Total $199.00
THANK YOU FOR YOUR ORDER!
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: GW63009590-2
Customer Ref-Loan No.:
Property Address:
TBD, GLENWOOD SPRINGS, CO 81601
1. Effective Date:
05-01-2015 at 17:00:00
2. Policy to be Issued and Proposed Insured:
"TBD" Commitment $0.00
Proposed Insured:
A BUYER TO BE DETERMINED
3. The estate or interest in the land described or referred to in this Commitment and covered
herein is:
A FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
THE BERKELEY FAMILY LIMITED PARTNERSHIP AND A/K/A THE BERKELEY FAMILY LLLP
5. The Land referred to in this Commitment is described as follows:
PARCEL A:
A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 5 AND 6, SECTION 32, LOTS 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 20, 21, 22, 23 AND THE NE1/4SE1/4 OF SECTION 33, SW1/4SW1/4 AND THE
NW1/4SW1/4 OF SECTION 34 ALL IN TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL
MERIDIAN, AND ALSO LOTS 1, 2, 3 AND 9 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33, A 2-1/2" BRASS CAP L.S. NO.
5933 FOUND IN PLACE, THE POINT OF BEGINNING; THENCE N. 89 DEGREES 40'02" W. ALONG THE
SOUTHERLY BOUNDARY OF SAID SECTION 33 A DISTANCE OF 2502.71 FEET TO THE SOUTHWEST
CORNER OF SAID GOV'T LOT 20, A 3-1/4" ALUMINUM CAP L.S. NO. 19598 FOUND IN PLACE; THENCE N.
01 DEGREES 58'08" E. ALONG THE WESTERLY BOUNDARY OF SAID GOV'T LOT 20 AND 17 A DISTANCE
OF 2,064.02 FEET TO THE NORTHWEST CORNER OF SAID GOV'T LOT 17, A 3-1/4" ALUMINUM CAP L.S.
NO. 19598 FOUND IN PLACE; THENCE N. 87 DEGREES 10'45" W. ALONG THE SOUTHERLY BOUNDARY
OF SAID GOV'T LOT 9 AND 6 A DISTANCE OF 1382. 36 FEET TO THE SOUTHWEST CORNER OF SAID
GOV'T LOT 6; THENCE N. 01 DEGREES 43'36" E. ALONG THE WESTERLY BOUNDARY OF SAID GOV'T
LOT 6 AND 5 A DISTANCE OF 1290.42 FEET TO THE NORTHWEST CORNER OF SAID GOV'T LOT 5
(WHENCE A WITNESS CORNER TO THE NORTHWEST CORNER OF SAID LOT 5 BEARS N. 01 DEGREES
43'36" E. A DISTANCE OF 29.83 FEET); THENCE S. 89 DEGREES 05'51" E. ALONG THE NORTHERLY
BOUNDARY OF SAID LOT 5, A DISTANCE OF 1166.84 FEET TO THE NORTHEAST CORNER OF SAID LOT
5, A 3-1/4" ALUMINUM CAP L.S. NO. 19598 FOUND IN PLACE; THENCE S. 89 DEGREES 12'41" E. ALONG
THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 8 AND 7 A DISTANCE OF 1529.49 TO THE
NORTHEAST CORNER OF SAID LOT 7, A 2-1/2" GARFIELD COUNTY SURVEYOR ALUMINUM CAP FOUND
IN PLACE; THENCE S. 01 DEGREES 58'10" W. ALONG THE EASTERLY BOUNDARY OF SAID LOT 7 A
DISTANCE OF 838.23 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7, A 2-1/2" ALUMINUM CAP L.S.
NO. 5933 FOUND IN PLACE; THENCE S. 88 DEGREES 25'59" E. ALONG THE NORTHERLY BOUNDARY
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: GW63009590-2
Customer Ref-Loan No.:
OF SAID GOV'T LOT 11 A DISTANCE OF 1113.33 FEET TO THE CENTER QUARTER CORNER OF SAID
SECTION 33, A 3-1/4" GARFIELD COUNTY SURVEYOR ALUMINUM CAP FOUND IN PLACE; THENCE S.
88 DEGREES 25'59" E. ALONG THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 12 A DISTANCE OF
1255.38 FEET TO THE CENTER-EAST SIXTEENTH CORNER OF SAID SECTION 33, A 2-1/2" ALUMINUM
CAP L.S. NO. 5933 FOUND IN PLACE; THENCE S. 88 DEGREES 25'59" E. ALONG THE NORTHERLY
BOUNDARY OF THE NE1/4SE1/4 OF SAID SECTION 33 A DISTANCE OF 1255.38 FEET TO THE EAST
QUARTER CORNER OF SAID SECTION 33, A 2-1/2" ALUMINUM CAP L.S. NO. 5933 FOUND IN PLACE;
THENCE N. 89 DEGREES 59'25" E. ALONG THE NORTHERLY BOUNDARY OF THE NW1/4SW1/4 OF SAID
SECTION 34 A DISTANCE OF 201.90 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY S. 03
DEGREES 45'23" E. A DISTANCE OF 1233.01 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF
SAID NW1/4SW1/4; THENCE N. 89 DEGREES 02'47" E. ALONG SAID SOUTHERLY BOUNDARY A
DISTANCE OF 807.09 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY S. 02 DEGREES 50'09" E.
A DISTANCE OF 1220.54 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE SW/14SW1/4 OF
SAID SECTION 34' THENCE S. 88 DEGREES 10'28" W. ALONG SAID SOUTHERLY BOUNDARY A
DISTANCE OF 984. 24 FEET TO THE SOUTHEAST CORNER OF SECTION 33, A 2" BUREAU OF LAND
MANGAGEMENT ALUMINUM CAP FOUND IN PLACE;
THENCE S. 16 DEGREES 39'59" W. A DISTANCE OF 217.38 FEET; THENCE S. 27 DEGREES 00'32" W. A
DISTANCE OF 277.20 FEET; THENCE S. 48 DEGREES 11'02' W. A DISTANCE OF 452.97 FEET; THENCE N.
89 DEGREES 49'27" W. A DISTANCE OF 293.51 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE
TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND CENTRAL ANGLE OF 54 DEGREES 02'27", A
DISTANCE OF 188.64 FEET (CHORD BEARS N. 62 DEGREES 47'31" W. A DISTANCE OF 181.72 FEET);
THENCE N. 35 DEGREES 45'36" W. A DISTANCE OF 8.96 FEET; THENCE S. 57 DEGREES 47'34" W. A
DISTANCE OF 100.68 FEET TO A POINT IN AN EXISTING FENCE; THENCE S. 10 DEGREES 53'01" E.
ALONG SAID FENCE A DISTANCE OF 648.15 FEET TO AN ANGLE POINT IN SAID FENCE; THENCE
CONTINUING ALONG SAID FENCE N. 89 DEGREES 15'38" W. A DISTANCE OF 1728.64 FEET TO A POINT
IN THE WESTERLY BOUNDARY OF THE SW1/4NE1/4 OF SAID SECTION 4; THENCE N. 00 DEGREES
13'22" W. ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 1342.18 FEET TO THE POINT OF
BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
AND INCLUDING
PARCEL B:
A PARCEL OF LAND SITUATED IN THE NW1/4SW1/4 SECTION 34, TOWNSHIP 6 SOUTH, RANGE 88 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 34, AN ALUMINUM CAP L.S. NO. 5993
FOUND IN PLACE, THE POINT OF BEGINNING; THENCE N 89°51'50" E ALONG THE NORTHERLY LINE OF
THE NW1/4SW1/4 SECTION 34 A DISTANCE OF 201.90 FEET; THENCE LEAVING SAID NORTHERLY LINE
S 03°53'31" E A DISTANCE OF 1233.02 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID
NW1/4SW1/4; THENCE ALONG SAID SOUTHERLY LINE S 89°13'59" W A DISTANCE OF 199.56 FEET, TO
S1/16 OF SECTION 34 AND 33, A 2-1/2" GARFIELD COUNTY SURVEYOR BRASS CAP FOUND IN PLACE;
THENCE N 03°59'40" W ALONG SAID WESTERLY LINE OF SAID SECTION 34 A DISTANCE OF 1235.37
FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: GW63009590-2
Customer Ref-Loan No.:
PARCEL C:
A PARCEL OF LAND SITUATED IN THE NE¼ CORNER OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE N1/4 CORNER OF SECTION 4; THENCE S 45°03'03"E A DISTANCE OF 1905.62
FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 4, ALSO BEING THE SOUTHEAST
CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 419600 IN THE GARFIELD COUNTY
CLERK AND RECORDER'S OFFICE, THE POINT OF BEGINNING; THENCE N00°18'44"W ALONG THE
WESTERLY LINE OF SAID RECEPTION NO. 419600 A DISTANCE OF 514.40 FEET TO THE NORTHWEST
CORNER; THENCE S89°46'50"E ALONG THE NORTHERLY LINE OF SAID RECEPTION NO. 419600 A
DISTANCE OF 285.66 FEET TO A POINT IN AN EXISTING FENCE; THENCE LEAVING SAID NORTHERLY
LINE S10°53'01"E ALONG SAID EXISTING FENCE A DISTANCE OF 541.23; THENCE CONTINUING ALONG
SAID EXISTING FENCE N89°15'38"W A DISTANCE OF 1728.64 FEET TO A POINT ON THE NORTH-SOUTH
CENTERLINE OF SAID SECTION 4; THENCE LEAVING SAID EXISTING FENCE N00°13'22"W ALONG SAID
NORTH-SOUTH CENTERLINE A DISTANCE OF 1.04 FEET TO A POINT ON THE NORTHERLY LINE OF
THAT PROPERTY DESCRIBED IN RECEPTION NO. 280798 IN THE GARFIELD COUNTY CLERK AND
RECORDER'S OFFICE; THENCE LEAVING SAID NORTH-SOUTH CENTERLINE S89°46'50"E ALONG SAID
NORTHERLY LINE A DISTANCE OF 1343.47 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL D:
A PARCEL OF LAND SITUATED IN THE NE1/4 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4, A BLM ALUMINUM CAP IN PLACE,
THE POINT OF BEGINNING; THENCE S16°39'55"W 217.38 FEET THENCE S27°00'32"W 277.20 FEET;
THENCE S48°11'02"W 452.97 FEET; THENCE N89°49'27"W 293.53 FEET; THENCE ALONG THE ARC OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 54°02'08", A
DISTANCE OF 188.62 (CHORD BEARS N62°47'22"W 181.71 FEET); THENCE N35°45'36"W 8.96 FEET;
THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 330.00
FEET AND A CENTRAL ANGLE OF 17°32'59", A DISTANCE OF 101.08 FEET (CHORD BEARS S57°47'34"W
100.68 FEET); THENCE S10°53'01"E 106.92 FEET; THENCE N89°46'50"W 285.66 FEET TO A POINT ON THE
EASTERLY BOUNDARY OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 462134 OF THE GARFIELD
COUNTY CLERK AND RECORDER'S OFFICE; THENCE N00°18'44"W ALONG SAID EASTERLY BOUNDARY
336.70 FEET; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY N89°51'49"E 213.40 FEET;
THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY N00°16'49"W 489.84 FEET TO A POINT ON
THE NORTHERLY BOUNDARY OF SAID SECTION 4; THENCE ALONG SAID NORTHERLY BOUNDARY
S89°49'20"E 1127.68 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL TO BE MERGED WITH A
TRACT OF LAND PRESENTLY IDENTIFIED AS RECEPTION NO. 515315, BOOK NO. 1047, PAGE NO. 914
IN THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY.
COUNTY OF GARFIELD
STATE OF COLORADO
AND EXCEPTING THEREFROM
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: GW63009590-2
Customer Ref-Loan No.:
A PARCEL OF LAND SITUATED IN THE SW1/4SW1/4 SECTION 34, TOWNSHIP 6 SOUTH, RANGE 88 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 34, A 2-1/2" GARFIELD COUNTY SURVEYOR
BRASS CAP FOUND IN PLACE; THENCE N 88°10'28" E ALONG THE SOUTHERLY LINE OF SAID SECTION
34 A DISTANCE OF 984.24 FEET, TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY
LINE N 02°50'09" W A DISTANCE OF 1220.49 FEET TO A POINT ON THE NORTHERLY LINE OF THE
SW1/4SW1/4 OF SAID SECTION 34; THENCE N 89°02'17" E ALONG SAID NORTHERLY LINE A DISTANCE
OF 358.19 FEET TO THE SOUTHWEST SIXTEENTH CORNER OF SAID SECTION 34; THENCE S 02°50'09"
E A DISTANCE OF 1215.09 FEET TO THE WEST SIXTEENTH CORNER OF SAID SECTION 34 AND
SECTION 3, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN; THENCE S
88°10'28" W ALONG THE SOUTHERLY LINE OF SAID SECTION 34 A DISTANCE OF 358.06 FEET, TO THE
POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
Copyright 2006-2015 American Land Title Association. All Rights Reserved
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B-1
(Requirements)
Order Number: GW63009590-2
The following are the requirements to be complied with:
Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record, to-wit:
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS
NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF
ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE
AND ANY AMENDMENTS THERETO.
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: GW63009590-2
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the
Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land and not shown by the
Public Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a
public agency that may result in taxes or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED JULY 30, 1895, IN BOOK 12 AT PAGE 376 AND RECORDED
AUGUST 6, 1895 IN BOOK 12 AT PAGE 378 AND RECORDED MAY 28, 1974 IN BOOK 459 AT PAGE
525.
9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 30, 1895, IN BOOK 12 AT PAGE
376 AND RECORDED AUGUST 6, 1895 IN BOOK 12 AT PAGE 378, AND RECORDED SEPTEMBER 23,
1912 IN BOOK 71 AT PAGE 560 AND RECORDED MAY 28, 1974 IN BOOK 459 AT PAGE 525 AND
RECORDED FEBRUARY 26, 1952 IN BOOK 263 AT PAGE 239.
10.ALL COAL AND OTHER MINERALS, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND
REMOVE THE SAME PURSUANT TO THE PROVISIONS AND LIMITATIONS OF THE ACT OF
DECEMBER 29, 1916 (39 STAT. 862) AS RESERVED BY THE UNITED STATES OF AMERICA IN THE
PATEN RECORDED FEBRUARY 26, 1952 IN BOOK 263 AT PAGE 239.
11.ROAD PETITION RECORDED JUNE 12, 1929 IN BOOK 2 AT PAGE 11 AS RECEPTION NO. 104592.
12.ROAD VIEWING REPORT RECORDED JUNE 12, 1929 IN BOOK 2 AT PAGE 86 AS RECEPTION NO.
104593.
13.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 79-64 RECORDED JUNE 19, 1979 IN
BOOK 530 AT PAGE 93.
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: GW63009590-2
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
14.TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED MAY 02, 1991 IN
BOOK 803 AT PAGE 445.
15.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 14, 1992 IN
BOOK 841 AT PAGE 512.
16.TERMS, CONDITIONS AND PROVISIONS OF CONTRACT RECORDED MAY 07, 1997 IN BOOK 1017 AT
PAGE 945.
17.TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT RECORDED NOVEMBER 12, 1997
IN BOOK 1042 AT PAGE 134 .
18.TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED
NOVEMBER 12, 1997 IN BOOK 1042 AT PAGE 139 .
19.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 30, 2001 IN BOOK
1282 AT PAGE 8 .
20.TERMS, CONDITIONS AND PROVISIONS OF BARGAIN AND SALE DEED RECORDED JANUARY 22,
2002 IN BOOK 1322 AT PAGE 977 AND CORRECTION DEED RECORDED JUNE 5, 2002 UNDER
RECEPTION NO. 604779 .
21.TERMS, CONDITIONS AND PROVISIONS OF AFFIDAVIT OF BOUNDARY LINE ADJUSTMENT
RECORDED JANUARY 22, 2002 AT RECEPTION NO. 596127 .
22.TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF CONTRACT RECORDED JUNE 13,
2002 UNDER RECEPTION NO. 605123 , FIRST AMENDMENT RECORDED OCTOBER 18, 2006 UNDER
RECEPTION NO. ,SECOND AMENDMENT RECORDED APRIL 13, 2011 UNDER RECEPTION NO.
801363 , THIRD AMENDMENT RECORDED APRIL 13, 2011 UNDER RECEPTION NO. 801364 .
23.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 02-109 RECORDED DECEMBER 23,
2002 IN BOOK 1419 AT PAGE 563 .
24.TERMS, CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION RECORDED JULY 23, 2001 AT
RECEPTION NO. 584839 .
25.EASEMENT AGREEMENT RECORDED JANUARY 18, 2002 UNDER RECEPTION NO. 596026
26.TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF CONTRACT RECORDED JANUARY
22, 2002 AT RECEPTION NO. 596128 AND CONTRACT RECORDED JUNE 12, 2002 UNDER
RECEPTION NO. 605080 AND AMENDMENT RECORDED AUGUST 28, 2006 UNDER RECEPTION NO.
705333 , AND SECOND AMENDMENT RECORDED APRIL 13, 2011 UNDER RECEPTION NO. 801361 ,
AND THIRD AMENDMENT RECORDED APRIL 1,3 2011 UNDER RECEPTION NO. 801362 .
27.TERMS, CONDITIONS AND PROVISIONS OF AFFIDAVIT RECORDED JUNE 05, 2002 AT RECEPTION
NO. 604780 .
28.TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS RIGHT-OF-WAY EASEMENT RECORDED
SEPTEMBER 15, 2004 AT RECEPTION NO. 659779 .
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: GW63009590-2
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
29.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 2004-110 RECORDED NOVEMBER 19,
2004 AT RECEPTION NO. 663716 .
30.EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS IN INSTRUMENT RECORDED
DECEMBER 15, 2004 UNDER RECEPTION NO. 665111 .
31.TERMS, CONDITIONS AND PROVISIONS OF DEED OF CONSERVATION AGREEMENT RECORDED
DECEMBER 22, 2004 AT RECEPTION NO. 665794 .
32.TERMS, CONDITIONS AND PROVISIONS OF DEED OF CONSERVATION AGREEMENT RECORDED
OCTOBER 24, 2005 AT RECEPTION NO. 684872 .
33.TERMS, CONDITIONS AND PROVISIONS OF AMENDMENT OF AMENDMENT OF CONTRACT
RECORDED AUGUST 28, 2006 AT RECEPTION NO. 705333 .
34.TERMS, CONDITIONS AND PROVISIONS OF AMENDMENT OF MEMORANDUM OF CONTRACT
RECORDED OCTOBER 18, 2006 AT RECEPTION NO. 709117 .
35.TERMS, CONDITIONS AND PROVISIONS OF CONSERVATION AGREEMENT RECORDED NOVEMBER
02, 2006 AT RECEPTION NO. 710348 .
36.TERMS, CONDITIONS AND PROVISIONS OF DEED OF CONSERVATION AGREEMENT RECORDED
JULY 24, 2007 AT RECEPTION NO. 728890 .
37.TERMS, CONDITIONS AND PROVISIONS OF DEED OF CONSERVATION EASEMENT RECORDED
OCTOBER 03, 2008 AT RECEPTION NO. 746747 .
38.TERMS, CONDITIONS AND PROVISIONS OF CONSERVATION EASEMENT RECORDED AUGUST 26,
2009 AT RECEPTION NO. 774022 .
39.TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT DEED RECORDED MARCH 01, 2010
AT RECEPTION NO. 782646 AND CORRECTED DEED RECORDED NOVEMBER 29, 2010 UNDER
RECEPTION NO. 794921 .
40.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2012-80 RECORDED SEPTEMBER 05,
2012 AT RECEPTION NO. 823748 .
41.TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE AFFIDAVIT RECORDED DECEMBER
19, 2012 AT RECEPTION NO. 828747 .
42.TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE AFFIDAVIT RECORDED DECEMBER
19, 2012 AT RECEPTION NO. 828750 .
43.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2013-29 RECORDED MAY 07, 2013 AT
RECEPTION NO. 834952 .
44.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2013-74 RECORDED OCTOBER 15,
2013 AT RECEPTION NO. 842009 .
45.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2014-13 RECORDED MARCH 25, 2014
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: GW63009590-2
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
AT RECEPTION NO. 847514 .
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION,
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title,
LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal
and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your
trust and confidence is the bedrock of our business. We maintain and regularly review internal and external
safeguards against unauthorized access to non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by, us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
the public records maintained by governmental entities that we either obtain directly from those entities, or from our
affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly access security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS
NOT PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be
disclosed. We may disclose your Personal Information when you direct or give us permission; when we are
required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or
criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable
privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or
relationship with you.
Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or
the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and
judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
LAND TITLE GUARANTEE COMPANY
LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
A)The Subject real property may be located in a special taxing district.
B)A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real
property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the
contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property)
C)The information regarding special districts and the boundaries of such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's
office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and
recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to
documents using forms on which space is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for
all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company
conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number
5 will not appear on the Owner's Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the
Commitment from the Owner's Policy to be issued) upon compliance with the following conditions:
A)The land described in Schedule A of this commitment must be a single family residence which includes a condominium or
townhouse unit.
B)No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in
Schedule A of this Commitment within the past 6 months.
C)The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's
liens.
D)The Company must receive payment of the appropriate premium.
E)If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior
to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain
construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate
premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be
necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule
B-2.
A)That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate
and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal
energy in the property; and
B)That such mineral estate may include the right to enter and use the property without the surface owner's permission.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an
insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial
of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or
misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or
claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance
within the Department of Regulatory Agencies.
Commitment to Insure
ALTA Commitment - 2006 Rev.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or
policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in
the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions
of Schedule A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in
Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company.
CONDITIONS AND STIPULATIONS
1.The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument.
2.If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or
interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to
Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the
Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the
Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may
amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to
paragraph 3 of these Conditions and Stipulations.
3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of
Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply
with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon
covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such
liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies
committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4.This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action
or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or
interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.
5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at
the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at
www.alta.org.
STANDARD EXCEPTIONS
In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the
following:
1.Rights or claims of parties in possession not shown by the Public Records.
2.Easements, or claims of easements, not shown by the Public Records.
3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would
disclose and which are not shown by the Public Records.
4.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on
the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Old Republic National Title Insurance Company
a Stock Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612)371-1111
Authorized Officer or Agent
Issued by:
Land Title Guarantee Company
3033 East First Avenue
Suite 600
Denver, Colorado 80206
303-321-1880
John E. Freyer, President
Lake Springs Ranch
Subdivision Preliminary Plan & PUD Amendment June 2015
Exhibit 9b | 1989 Warranty Deed
. -.
1-
Ii'
Kec:ordo:l at-oL_ ___ . 0,_,,'.'rl•_.£.._r.1... SEP 1 .S ica g
Reoeptlun No._ 4{J§f=J3 _ .. · ,·,·. . ... ·, ... · -"~-"".-."""'J.....__ ~ --; i .. r:::.conot:R
w .~ 763 r1-:: 91
t:.~11fl.:~l; ;..vJi.T'., ·-OLOBADO SEP 15 1983
State Docume n tary Fee $ &·1. oo
WARRANTY DEED
KANE ENTERPRISES, a general par tn ershi p , wh ose address is P.
0. Box 729, Bartl esville, OK 7400 5 , for t he consideration of One
Hundred Dollars and o ther good and valuable consideration, in hand
paid, hereby sells and conveys to MICHAEL E. BERK ELE Y and MIRIAM
H. BE RKELEY, as joint tena nts , whose address is 1695 Silverking
Dri ve , As pen, co 81 611, the follow ing r eal property in t h e County
of Garfield, State of Colorado , to wit:
Township 6 south. Range 88 West 6th P .H .
Section 32: Lots 5 and 6
Section 33: Lots 7 t hrough 17 inclusive,
Lots 20 through 23 inclusive,
and NE\SE\
Section 34: SW\SW\
Township 7 South. Range 88 West 6th P.M.
Section 4: Lots 2, 3 and 9
EXCEPTING therefrom the above those portions conveyed to
the Board of County Commissi oners of Garf ield Cou nty for
road purposes by doc uments recorded June 3 , 19 29 in Book
159 at Page 85 as Recep tion No . 104496 and in Book 159
at Page 87 as Reception No. 1 04498,
with a ll its appurtenances and warrants tit l e to t h e s ame, subject
to reservations, easements, r ights of way, and restrict i o ns of
record or of u se , includ ing, but n o t limited to, th e following:
Th e effect of .inc l usions in any general or specific water
conservancy , fire protection , soil conservation or other district
or i n clusion in any water ser vice o r street impr ovement area;
All existing r oads, h ighways, ditches, u tilities, cana ls ,
pipelines, powerlines, telephone l i n es , water l ines, and r ights of
way a n d easeme nts therefor established and /or ex ist i ng, as same may
c ross subject p roperty ;
Reservations as contained in the Un i ted States Patent recorded in
Book 12 at Page 376, Book 12 at Page 378, Book 263 at Page 239,
Book 263 at Page 289, and Book 459 at Page 525 of the Garf ield
county records;
T e r ms, conditions and effects of ins truments recorded in Book 2 at
Page 11 a n d Book 2 a t Page 86 of t he Garfie l d county records;
c ounty Zo ning Resol ution No. 79-64 recorded in Book 530 at Page 93
of the Garfield County records;
General t axes for 1 989 , due and payable in 1990.
SIGNED this 2.6 ci,. day o f 1989 .
Kl\NE
By:
Ge neral Partner
' t-
STATE OF OKLAHOMA
COUNTY OF ll-~J /,:;:, SS.
~Th e foregoing Warranty De ed was acknowledged before me this
-1:.L_ day o~ a.., CL~ I 19 89, by Henry F. Kane as General
Partner of Kane Eifferprises, a general partnership .
Witness my hand and official seal.
,1 :·:··:·.····,.,
• •, I
;.' ..... . • .. ·,
__ .. • ...... , ' J I J ,·· •. : ,"~\··~,,..
: '' · My cq~mission
'':;. "> ... ;\.: _:,::~:~?.~l~L ,
'. ·~··· ... ~· ....... ,.·. "·:.
expires:
7, / 'l 'i 2-
Notary P\U.$liC
Lake Springs Ranch
Subdivision Preliminary Plan & PUD Amendment June 2015
Exhibit 9c | 1994 Special Warranty Deed
., ;;. ?I "6'~134 RECORDED 11~--O'CLOCK//.M. RtC t '-1-"-
APR 11 ~ H!LOREO ALSOORF, GARFIELD COv~TY CLERK
SPECIAL WARRANTY DEED
APR 1 1 1991
GAFlFiE: .. r:
Stato Doc. F ea
$. L C/(:t:Jc
Michael E. Berkeley and Miriam M. Berkeley, Grantors, for consideration of l'en ii-·-
Dollars and other good and valuable consideration, in hand paid, hereby sell and convey to The
Berkeley Family Limited Partnership, a Colorado limited partnership, Grantee, whose legal
address is 3961 County Road 114, Glenwood Springs, CO 81601, the following real property
in the County of Garfield and State of Colorado, to-wit:
Township 6 South, Range 88 West of the 6th P.M.
Section 32:
Section 33:
Section 34:
Lots 5 and 6
Lots 7 through 17 inclusive, Lot 20 through 23, inclusive,
and NE 1ASE 1A
SW 1ASW'A
Township 7 South, Range 88 West of the 61h P,M,
Section 4: Lots 2, 3, and 9
EXCEPTING therefrom that parcel of land described on Deed recorded as Reception No.
419600 in Book 795 at Page 72 of the Garfield County records.
AND EXCEPTING therefrom the above, those portions conveyed to the Board of County
Commissioners of Garlleld County for road purposes by documell!s recorded June 3, 1929, in
Book 159 at Page 85 as Reception No. 104496 and in Book 159 at Page 87 as Reception No.
104498.
with all its appurtenances, and warrant the title to the same against all persons claiming under
the Grantors.
SIGNED this 15th day of April , 1994.
.__,-r _.,/ ~]~..,
· ichael E. Berkeley
Miriam M. Berkeley
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this 15th day of
__ Ap_r_i_l _____ , 1994 by Michael E. Berkeley and Miriam M. Berkeley.
WITNESS my hand and official seal.
My commission expires: 9/13/94
-1-
1:;?1{ !<:4 (fl.• t; ptdJ
Notary Public -Barbara c, Keller
;•;,; ,,.1
; ." -· . // •. J '' . 'I '
Lake Springs Ranch
Subdivision Preliminary Plan & PUD Amendment June 2015
Exhibit 9d | 2009 Special Warranty Deed
1111 ~'1','•l'~~11~11,N11 r~11rr1r,11~:i1,,~1111.:rri.:1r1··~~"'11111
Receptlon~: 778209
\l/2412009 12.36 32 PM Jean Alberico
I of 2 Reo Fee·$10.00 Ooc Fee 0.00 Gi::IRFIELO COlNTY CO
SPECIAL WARRANTY DEED
Miriam M. Berkeley and Michael E. Berkeley, Granters, for good and valuable
consideration, in hand paid, hereby sell and convey to The Berkeley Family LLLP, a
Colorado limited liability limited partnership, Grantee, whose legal address is 4001 County
Road 114, Glenwood Springs, Colorado 81601, the following real property in the County
of Garfield and State of Colorado, to wit:
That parcel of land described on Exhibit "A" attached hereto and
incorporated herein by this reference,
with all its appurtenances, and warrant the title to the same against all
persons claiming under the Grantors.
NO DOCUMENTARY FEE REQUIRED: Consideration less than $500.00.
SIGNED this 13 day of rllo IJZ:&!> Ci !W . 2009.
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
WITNESS my hand and official seal.
My commission expires: [ Z-l ']-l 'Z--
After recording return to: Dan Kerst, P.C,
823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601
1111 ~·1·.1·:ii11"11,r.i1,1 r+Jt~1r.\-1,1i:r-111~1rr·:r+.·~lr·1, ~"' 11111 RecePtion~: 778209
1112417009 12-36:32 PM Je~n Alberico 2 or 2 Rec Fee:$16 00 Doc Fell' 0 00 Gf.lRFlELD COUNTY CO
COUNTY OF GARFIELD
STATE OF COLORADO
EXHIBIT "A"
·--··------~
A parcel of land situated in Section 33, Township 6 South, Range 88 West of the Sixth
Principal Meridian, and Section 4, Township 7 South, Range 88 West of the Sixth Principal
Meridian, County of Garfield, State of Colorado, being more particularly described as
follows:
Beginning at the South 1/4 corner of said Section 33; thence S 68°50'25" E 222.96 feet;
thence N 72°30'00" E 300.00 feet; thence N 35°00'00" E 500.00 feet; thence S 17°30'00"
E 1850.00 feet to the southeast corner of the NW1/4NE1/4 of said Section 4; thence N
89°49'27" W along the south line of said NW1/4NE1/4 1330.86 feet to the southwest
corner of said NW1/4NE1/4; thence N 00°16'06" W along the west line of said
NW1/4NE1/4 1341.00 feet to the South 1/4 corner of said Section 33, the point of
beginning; Said parcel contains 36.20 acres, more or less.
This Deed is given to correct the unintended omission of the above-described parcel of
land from the Grantors' Deed to the Grantee recorded in Book 899 at Page 796 as
Reception No. 462134 in the records of the Clerk and Recorder of Garfield County,
Colorado.
EXHIBIT"A"
Page 1 of 1
Lake Springs Ranch
Subdivision Preliminary Plan & PUD Amendment June 2015
Exhibit 9e | 2009 Special Warranty Deed
1111 ~'11'.i. f~ii1rJ,l,Jlf\l.l~1',l'!rllll~'l+l•:la1J1,'r+1~1~a ~"' 11111
Reeepllantt: 778210
11/24/2009 12:36:32 PM Jaan J'.llbar!co
1 of 2 Rec Fea:$11 00 Doc Faa o 00 GARfl[LD CQUNT'l' CO
SPECIAL WARRANTY DEED
Miriam M. Berkeley, Granter, for good and valuable consideration, in hand paid,
hereby sells and conveys to The Berkeley Family LLLP, a Colorado limited liability limited
partnership, Grantee, whose legal address is 4001 County Road 114, Glenwood Springs,
Colorado 81601, the following real property in the County of Garfield and State of
Colorado, to wit:
A PARCEL OF LAND SITUATED IN SECTION 33, TOWNSHIP 6 SOUTH,
RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST-WEST CENTERLINE OF SAID
SECTION 33 WHENCE THE EAST 1/4 CORNER OF SAID SECTION 33
BEARS S88'25'59"E (DEED EQUALS S88'28'37"E) 565.00 FEET: THENCE
S43'02'38"W (DEED EQUALS S43'00'00"W) 780.00 FEET; THENCE
S48'02'38"W (DEED EQUALS S48'00'00"W) 330.00 FEET; THENCE
S40'02'38"W (DEED EQUALS S40'00'00"W) 160.00 FEET; THENCE
S44'02'38"W (DEED EQUALS S44'00'00"W) 104.80 FEET; THENCE
N88'25'59"W (DEED EQUALS N88'28'37"W) 1078.78 FEET; THENCE
N01 '34'01 "E (DEED EQUALS N01'31'23"E)1014.20 FEET TOA POINT ON
THE EAST-WEST CENTERLINE OF SAID SECTION 33; THENCE ALONG
THE EAST-WEST CENTERLINE OF SAID SECTION 33 S88'25'59"E
(DEED EQUALS S88'28'37"E) 2005.00 FEET TO THE POINT OF
BEGINNING; SAID PARCEL CONTAINS 35.999 ACRES, MORE OR LESS,
also known as 4001 County Road 114, Glenwood Springs, Colorado 81601;
with all its appurtenances, and warrants the title to the same against all persons
claiming under the Granter.
NO DOCUMENTARY FEE REQUIRED: Consideration less than $500.00.
SIGNED this /? day of flto,/&o"' b (;V , 2009.
~/~~~-n.~
Miriam M. Berkeley
After rerordlng rerum to: Dan Kerst, P.C.
823 Blake Ave., Ste. 202, Glenwoocl Sprins.s. CO 81601
1111 ~'11'.i. t'~i1l~J~MI~ Nl'~C'rltlr~:ll\1'l11Wrfl•'•:ll•'i.~"' 11111
Receptionh: 778210
1112412009 12:35·32 PM Je~n Albartco
2 of 2 Rar. Fee:$11 00 Ooc FeeoO 00 GARFIELD COUllTV CO
ST A TE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
~ Thp foregoing instrument was acknowledged before me this
J~-\mH.~~~~~-· 2009, by Miriam M. Berkeley.
tf,. l~ day of
WITNESS my hand and official seal.
My commission expires: I Z--( --Z-1 "2-
After recording recum to: Dan Kerst, P.C.
823 Blake A\'e., Ste. 202, Glenwood Springs, CO 81601
Lake Springs Ranch
Subdivision Preliminary Plan & PUD Amendment June 2015
Exhibit 9f | CMC Land Swap Documentation
111111\1'.i. ~1~,l~'!,M~111~ lf/P.1111,l, ~,.IW.l'rl'&.l~I ~'~ 111111 I
Receptiontt: 828747
12/19/2012 02:41:22 PM Jean Alberico
1 of 12 Rec Fee:$66.00 Doc Fee:0.00 GARFIELD COUNTY CO
TO:
FROM:
RE:
Garfield County Clerk and Recorder
The Berkeley Family Limited Partnership ("Berkeley")
Colorado Mountain Junior College District ("CMC'')
Boundary Line Adjustment
Following the Garfield County Boundary Line Adjustment Procedure, this is a letter of
explanation describing in simple terms the requested boundary line adjustment. Berkeley and
CMC entered into a Contract in 2002 whereby the parties agreed to exchange the properties
described herein for equal value. Berkeley and CMC will be adjusting the boundary between the
two parcels as described on the exhibits to the Boundary Line Adjustment Affidavit.
Attached to this letter, and recorded in the Garfield County Clerk and Recorder's office,
is an Affidavit signed by Berkeley and CMC creating the boundary line adjustment and Exhibits
A, B and C to the Affidavit. Recorded concurrently with the Affidavit are two quit claim deeds
conveying the properties to the other party.
Very truly yours,
The Berkeley Family Limited Partnership
Colorado Mountain Junior College District
•."!
1111 ~\l'.i. ~1~,1ra.·1,~W.!lllf, *lflJ i'f UW ~ ,lfi~~ ~'~ 11111
Receptiontt: 828747
12/19/2012 02:41:22 PM Jean Alberico
2 of 12 Rec Fee:$66.00 Doc Fee:0.00 GARFIELD COUNTY CO
BOUNDARY LINE ADJUSTMENT AFFIDAVIT
The undersigned affiants being first sworn upon thereof, depose and state as follows:
I. We are the owners ofreal property in the unincorporated area of Garfield County,
which is described in Exhibit "A" which is attached hereto and incorporated herein by
reference.
2. We are desirous of adjusting the boundary lines of our parcels and have attached
in Exhibit B the "metes and bounds" description of the area being adjusted and in Exhibit
C the new legal descriptions of our parcels after the adjustment has been made. We sign
this Affidavit in accordance with the Garfield County Unified Land Use Resolution of
2008, as amended.
3. We hereby represent that no new parcels or lots will be created and therefore, that
Garfield County will not be required to issue any building permits, other than what it
would be required to issue for the already existing parcels.
4. We hereby represent that none of the parcels involved in this boundary line
adjustment is part of a previously platted subdivision of record.
5. We hereby represent that the boundary line adjustment made reference to herein
will not cause the loss of access by road or to utilities, to any parcel involved.
6. We hereby represent that the boundary line adjustment being made will not result
in any of the parcels involved being less than the minimum lot size in their applicable
zone district allowed as a result of the boundary line adjustment or create any non-
conforming setbacks for any existing structures.
7. We hereby represent that a copy of the Affidavit will be recorded with the
Garfield County Clerk and Recorder.
FURTHER AFFIANTS SA YETH N~
DONE this {o'/-1--day of /tlhtr , 2012.
The Berkeley Family Limited Partnership -s~z::/S6~=
Its: /.:::> .::::>d
Colorado Mountain Junior College District
1 111 ~\11'•~li,,~·1,L'~l 'il l tllC ~~\~t~~ Iii~' 1 -,1('.I P11 ~.~11A 11111
Receptiontt: 828747 .
12/19/2012 02 :41:226 POMO DJeanF A~boeoro1cgARFIELD COUN TY co 3 of 12 Rec Fec :$6 . oc ee ..
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
The foregoi ng document was sub scribed and swo rn to before me in th e County of
Garfield, State of Co lorado this Z.8~ day of A\A.tlws+-, 20 12 by
('(\rt ,""' ... \ 18,"r" ~( J as 0-9 t--r-of T he Be rk eley Family Limited
Partnership.
I \\\\\,,Utfflffll1,,,
·,,,'' ~ .. fHIOI) 11
'•,,
......... ···········" '"", I C?J • •••• 'i. ·•.. o ... .,"":.
: ... tr....~ ...ri.f •• (':\, -.,• A.r ,. ·~ : -: .. , • : (>~ ~ a:,:()• ,:rt:
My comm issio n Expires:
1 -lP'''1
~ ~ ~~ , v : 0 0 .. 1 ,T C f' I ~ ·• ' ~ .'..J ~ o ~~I"\../~ •• •• t\~ .· •• ··oJ '-\~··"" •• c;,,, -N~~-P-bl-. --------;.it.-. I" '········ ~ , ... otary u 1c '11,11 -4 .., E: o ( ,,,•''
,,,,,,,,,,, "'"'''''
STATEOFCOLORADO )
) SS.
COUNTY OF GARFlELD )
The forego in g document was subscri eel and sworn to before me in the County of
r-Gm;fi eld , State of Colorado thi s &fl.-day of 012 Q}rµif41 (,, fuc¥."' as
..J:'.'.:ll.e>tdu:t of Co lorado Mo~ain Juni~r lleg Distl'itt.
My comm iss io n Exp ire s: 7 c)b--t ~~---
C ·--
DE8 BI E NOVA I<
!~O IARY PUBLI C
!XI E OF COLORADO
i: '···~:July 26, ~016
2
1111 ~\l'.i. ~l~,l'L'l,W~~\ ~lllf.l~j tp,1~~! lrl\ ~~l.~1 ~ 11111111
· Receptiontl: 828747 .
12/19/2012 02:41:22 PM Jean Alberico 4 of 12 Rec Fee:$66.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT A
Existing Property -Colorado Mountain Junior College District
A tract or parcel of land in the NWl/4SW1/4 of Section 34, Township 6 South, Range 88
West, of the Sixth Principal Meridian, in Garfield County, Colorado, said tract or parcel
being more particularly described as follows: Beginning at a point on the west line of
Section 34, Township 6 South, Range 88 West, of the Sixth Principal Meridian, from
which point the SW corner of said Section 34 bears S. 4°07'E., a distance of 1,236.0 feet;
1. Thence N. 4°07' W., along the west line of said Section 34, a distance of 1,236.0 feet,
to the west 1/4 corner of said Section 34;
2. Thence S. 89°57' E., along the north line of the NWl/4SWl/4 of said Section 34, a
distance of376.7 feet;
3. Thence S. 2°00' E., a distance of 1,230.4 feet, to the south line of the NWI/4SWI/4 of
said Section 34;
4. Thence S. 89°30'30" W, along the south line of the NWl/4SWl/4 of said Section 34, a
distance of330.9 feet, more or less, to the Point of Beginning.
County of Garfield
State of Colorado
Such property was conveyed to Colorado Mountain Junior College District by a Deed
dated December 20, 1968 and Recorded July 15, 1969 at Reception No. 243857 in Book
403 at Page 243 and Deed dated February 5, 1969 and Recorded July 15, l 969 at
Reception No. 243858 in Book 403 at Page 245.
The Nl/2SWl/4, SEl/4SWl/4, Section 34, Township 6 South, Range 88 West of the 6th
Principal Meridian.
County of Garfield
State of Colorado
Such property was conveyed to Colorado Mountain Junior College District by a Deed
dated October 9, 1973 and Recorded April 21, 1977 at Reception No. 278031 in Book
495 at Page 687.
Existing Property -The Berkeley Family Limited Partnership
Township 6 South, Range 88 West of the 6111 P.M.
Section 32: Lots 5 and 6
Section 33: Lots 7 through 17 inclusive, Lot 20 through 23, inclusive and NEl/4SEl/4
Section 34: SWl/4SWl/4
1111111 W.i. ~~~,1~·1,~i~~riYl!,tWirl~V tw.ll;'i',lfll\ lh)~~'i 1111 I
Receptiontt: 828747
12/19/2012 02:41:22 PM Jean Alberico
5 of 12 Rec Fee:$66 .00 Doc Fee:O .00 GARFIELD COUNTY CO
Township 7 South, Range 88 West of the 61
" P.M.
Section 4: Lots 2, 3, and 9
EXCEPTING therefrom that parcel ofland described to the Board of County
Commissioners of Garfield County for road purposes by documents recorded June 3,
1929, in Book 159 at Page 85 as Reception No. 104496 and in Book 159 at Page 87 as
Reception No. 104498
County of Garfield
State of Colorado
Such property was conveyed to The Berkeley Family Limited Partnership by Special
Warranty Deed dated April 15, 1994 and Recorded April 22, 1994 at Reception No.
462134 in Book 0899 at Page 796.
1111 W.i.~1~,l\"I,~~~ !lf'ltlm~,11.ill l/rN Ui!l/,lilll ,~1 111111
Recept..iontt: 828747 .
12/19/2012 02F:41$•2626 POMO 0JoecanFe~~geb6c8ARFIELD COUNTY CO 6 of 12 Rec ee: . · ·
EXHIBITB
Colorado Mountain Junior College District
to
The Berkeley Family Limited Partnership
Parcel A:
A Parcel ofland situated in the NWl/4SWl/4 Section 34, Township 6 South, Range 88
West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel
being more particularly described as follows:
Commencing at the West Quarter Corner of Section 34, an Aluminum Cap L.S. No. 5993
found in place, the Point of Beginning; thence N 89°51'50" E along the Northerly Line of
the NWl/4SWl/4 Section 34 a distance of201.90 feet; thence leaving said Northerly
Line S 03°53 '31" E a distance of 1233.02 feet, to a point on the Southerly Line of said
NWl/4SWl/4; thence along said Southerly Line S 89°13'59" W a distance of 199.56
feet, to S 1/16 of Section 34 and 33, a 2-1/2" Garfield County Smveyor Brass Cap found
in place; thence N 03°59'40" W along said Westerly Line of said Section 34 a distance of
1235.37 feet to the Point of Beginning; said Parcel containing 5.676 acres, more or less,
said parcel to be merged with a tract of land presently identified by Deed Recorded July
15, 1969 at Reception No. 243857 in Book 403 at Page 243, by Deed Recorded July 15,
1969 at Reception No. 243858 in Book 403 at Page 245 and by Deed Recorded April 21,
1977 at Reception No. 278031 in Book 495 at Page 687in the records of the Clerk and
Recorder of Garfield County.
County of Garfield
State of Colorado
Parcel B:
A Parcel of Land situated in the NE '/.l Section 4, Township 7 South, Range 88 West of
the Sixth Principal Meridian, County of Garfield, State of Colorado, being more
particularly described as follows:
Commencing at the Nl/4 corner of Section 4; thence S 45°03'03"E a distance of 1905.62
feet to the nmtheast sixteenth corner of said Section 4, also being the southeast corner of
that property described in Reception No. 419600 in the Garfield County Clerk and
Recorder's Office, the Point of Beginning; thence N00°18'44"W along the westerly line
of said Reception No. 419600 a distance of 514.40 feet to the nmthwest corner; thence
S89°46'50"E along the northerly line of said Reception No. 419600 a distance of285.66
feet to a point in an existing fence; thence leaving said northerly line SI 0°53'O1 "E along
said existing fence a distance of 541.23; thence continuing along said existing fence
N89°15"38"W a distance of 1728.64 feet to a point on the north-south centerline of said
Section 4; thence leaving said existing fence N00°13 '22"W along said north-south
centerline a distance of l .04 feet to a point on the northerly line of that property described
1111 ~\l".i.~l~1ll'a.1 l1~,t~~~lll~llll1!'11! IW~1lfi\~~I~ 1111111
ReceptionH: 828747
12/19/2012 02:41:22 PM Jean Alberico
7 of 12 Rec Fee:$66.00 Doc Fee:0.00 GARFIELD COUNTY CO
in Reception No. 280798 in the Garfield County Clerk and Recorder's Office; thence
leaving said north-south centerline S89°46'50"E along said northerly line a distance of
1343.47 feet to the Point of Beginning said parcel containing 4.293 ac. more or less, said
parcel to be merged with a tract of land presently identified by Deed Recorded July 15,
1969 at Reception No. 243857 in Book 403 at Page 243, by Deed Recorded July 15,
1969 at Reception No. 243858 in Book 403 at Page 245 and by Deed Recorded April 21,
1977 at Reception No. 278031 in Book 495 at Page 687in the records of the Clerk and
Recorder of Garfield County.
County of Garfield
State of Colorado
The Berkeley Family Limited Partnership
to
Colorado Mountain Junior College District
A Parcel of land situated in the SWl/4SWl/4 Section 34, Township 6 South, Range 88
West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel
being more particularly described as follows:
Commencing at the Southwest Corner of Section 34, a 2-1/2" Garfield County Surveyor
Brass Cap found in place; thence N 88°!0'28" E along the Southerly Line of said Section
34 a distance of984.24 feet, to the Point of Beginning; thence leavings said Southerly
line N 02°50'09" W a distance of 1220.49 feet to a point on the N01therly Line of the
SWl/4SWl/4 of said Section 34; thence N 89°02' 17" E along said N01therly Line a
distance of 358.19 feet to Southwest Sixteenth Corner of said Section 34; thence S
02°50'09" Ea distance of 1215.09 feet to the West Sixteenth corner of said Section 34
and Section 3, Township 7 South, Range 88 West of the Sixth Principal Meridian; thence
S 88°!0'28" W along the Southerly Line of said Section 34 a distance of358.06 feet, to
the Point of Beginning; said Parcel containing I0.008 acres, more or less said parcel to be
merged with a tract of land presently identified as Reception No. 518315, Book No.
1047, Page No. 914 in the records of the Clerk and Recorder of Garfield County.
County of Garfield
State of Colorado
1m ~\l".i. ~1~,l"n.'J,~"1~1 ~l'rl\Ulr:ll M~ llfrall\I, ~'" 11111111
ReceptionH: 828747
12/19/2012 02:41:22 PM Jean Alberico
8 of 12 Rec Fee:$66.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHJllJT C
Resulting Legal Description -Colorado Mountain Junior College District
A tract or parcel of land in the NW1/4SWl/4 of Section 34, Township 6 South, Range 88
West, of the Sixth Principal Meridian, in Garfield County, Colorado, said tract or parcel
being more particularly described as follows: Beginning at a point on the west line of
Section 34, Township 6 South, Range 88 West, of the Sixth Principal Meridian, from
which point the SW corner of said Section 34 bears S. 4°07'E., a distance of 1,236.0 feet;
1. Thence N. 4°07' W., along the west line of said Section 34, a distance of 1,236.0 feet,
to the west 1/4 corner of said Section 34;
2. Thence S. 89°57' E., along the north line of the NWl/4SWl/4 of said Section 34, a
distance of376.7 feet;
3. Thence S. 2°00' E., a distance of 1,230.4 feet, to the south line of the NWl/4SWl/4 of
said Section 34;
4. Thence S. 89°30'30" W, along the south line of the NW l/4SW1/4 of said Section 34, a
distance of330.9 feet, more or less, to the Point of Beginning.
County of Garfield
State of Colorado
The Nl/2SWl/4, SEl/4SWl/4, Section 34, Township 6 South, Range 88 West of the 6th
Principal Meridian.
County of Garfield
State of Colorado
A Parcel of land situated in the SWl/4SWl/4 Section 34, Township 6 South, Range 88
West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel
being more particularly described as follows:
Commencing at the Southwest Corner of Section 34, a 2-1/2" Garfield County Surveyor
Brass Cap found in place; thence N 88° I 0'28" E along the Southerly Line of said Section
34 a distance of 984.24 feet, to the Point of Beginning: thence leavings said Southerly
line N 02°50'09" W a distance of 1220.49 feet to a point on the Nmtherly Line of the
SWl/4SWl/4 of said Section 34; thence N 89°02' 17" E along said Nmtherly Line a
distance of 358.19 feet to Southwest Sixteenth Corner of said Section 34; thence
S 02°50'09" Ea distance of 1215.09 feet to the West Sixteenth corner of said Section 34
and Section 3, Township 7 South, Range 88 West of the Sixth Principal Meridian; thence
S 88° I 0'28" W along the Southerly Line of said Section 34 a distance of 358.06 feet, to
the Point of Beginning; said Parcel containing 10.008 acres, more or less.
1111 W.i. ~1~,l'L'l,~Hll'l"~tili~l,.L\l,,!#,1 tl'ir. ~lii'll.l/,I~ ~'" 1111111
Recep~ionU: 828747
12/19/2012 02:41:22 PM Jean Alberico
9 of 12 Rec Fee:$66.00 Doc Fee:0.00 GARFIELD COUNTY CO
County of Garfield
State of Colorado
AND EXCEPTING THEREFROM
Parcel A:
A Parcel of land situated in the NWl/4SWl/4 Section 34, Township 6 South, Range 88
West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel
being more particularly described as follows:
Commencing at the West Quarter Corner of Section 34, an Aluminum Cap L.S. No. 5993
found in place, the Point of Beginning; thence N 89°51 '50" E along the Northerly Line of
the NWl/4SWl/4 Section 34 a distance of201.90 feet; thence leaving said Northerly
Line S 03°53'31" Ea distance of 1233.02 feet, to a point on the Southerly Line of said
NWl/4SW1/4; thence along said Southerly Line S 89°13'59" W a distance of 199.56
feet, to Sl/16 of Section 34 and 33, a 2-1/2" Garfield County Smveyor Brass Cap found
in place; thence N 03°59'40" W along said Westerly Line of said Section 34 a distance of
1235.37 feet to the Point of Beginning; said Parcel containing 5.676 acres, more or less.
County of Garfield
State of Colorado
Parcel B:
A Parcel of Land situated in the NEY. Section 4, Township 7 South, Range 88 West of
the Sixth Principal Meridian, County of Garfield, State of Colorado, being more
particularly described as follows:
Commencing at the Nl/4 corner of Section 4; thence S 45°03'03"E a distance of 1905.62
feet to the n01iheast sixteenth corner of said Section 4, also being the southeast corner of
that prope1iy described in Reception No. 419600 in the Garfield County Clerk and
Recorder's Office, the Point of Beginning; thence N00°18'44"W along the westerly line
of said Reception No. 419600 a distance of 514.40 feet to the northwest corner; thence
S89°46' 50"E along the n01iherly line of said Reception No. 419600 a distance of 285.66
feet to a point in an existing fence; thence leaving said northerly line S 10°53 'O l "E along
said existing fence a distance of 541.23; thence continuing along said existing fence
N89°15"38"W a distance of 1728.64 feet to a point on the north-south centerline of said
Section 4; thence leaving said existing fence N00°!3'22"W along said north-south
centerline a distance of 1.04 feet to a point on the n011herly line of that property described
in Reception No. 280798 in the Garfield County Clerk and Recorder's Office; thence
leaving said north-south centerline S89°46'50"E along said no11herly line a distance of
1343.47 feet to the Point of Beginning said parcel containing 4.293 ac. more or less.
County of Garfield
1111 ~\l'.i.11£fttii°J!if~,11fif,rl/l~!Vllf,iftil,rffl/~~l\:IYI~~'~ 1111111
Reoeptiontt: 828747
12/19/2012 02:41:22 PM Jean Alberico
10 of 12 Rec Fee:$66.00 Doc Fee:0.00 GARFIELD COUNTY CO
State of Colorado
Resulting Legal Description -The Berkeley Family Limited Partnership
A Parcel ofland situated in government Lots 5 and 6, Section 32, Lots 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 20, 21, 22, 23 and the NEl/4SEl/4 of Section 33, SWl/4SWl/4 and
the NWl/4SWl/4 of Section 34 all in Township 6 South, Range 88 West of the 6th
Principal Meridian, and also Lots I, 2, 3 and 9 of Section 4, Township 7 South, Range 88
West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel
being more particularly described as follows:
Commencing at the South Qumier Corner of said Section 33, A 2-1/2" brass cap L.S. No.
5933 found in place, the point of beginning; thence N. 89°40'02" W. along the sourtherly
boundary of said Section 33 a distance of2502.71 feet to the southwest corner of said
Gov't Lot 20, a 3-1/4" aluminum cap L.S. No. 19598 found in place; thence N. 01°58'08"
E. along the westerly boundary of said Gov't Lot 20 AND 17 a distance of2,064.02 feet
to the northwest corner of said Gov't Lot 17, a 3-1/4" aluminum cap 19598 found in
place; thence N. 87°10'45" W. along the southerly boundary of said Gov't Lot 9 AND 6 a
distance of 1382.36 feet to the southwest corner of said Gov't Lot 6; thence N. 01°43'36"
E. along the westerly boundary of said Gov't Lot 6 AND 5 a distance of 1290.42 feet to
the northwest corner of said Gov't Lot 5 (whence a witness corner to the northwest
corner of said Lot 5 bears N. 01°43'36" E. a distance of 29.83 feet); thence S. 89°05'51"
E. along the n01iherly boundary of said Lot 5, a distance of 1166.84 feet to the northeast
corner of said Lot 5, a 3-1/4" aluminum cap L.S. No. 19598 found in place; thence S.
89°12'41" E. along the northerly boundary of said Gov't Lot 8 AND 7 a distance of
1529.49 to the n01iheast corner of said Lot, a 2-1/2" Garfield County Surveyor aluminum
cap found in place; thence S. 01°58'1 O" W. along the easterly boundary of said Lot 7 a
distance of 838.23 feet to the southeast corner of said Lot 7, a 2-1/2" aluminum cap L.S.
No. 5933 found in place; thence S. 88°25'59" E. along the northerly boundary of said
Gov't Lot 11 a distance of 1113.33 feet to the center qumier corner of said Section 33, a
3-114" Garfield County Surveyor aluminum cap found in place; thence S. 88°25'59" E.
along the northerly boundary of said Gov't Lot 12 a distance of 1255.38 feet to the
center-east sixteenth corner of said Section 33, a 2-1/2" aluminum cap L.S. No. 5933
found in place; thence S. 88°25'59" E. along the northerly boundary of the NEl/4SEl/4
of said Section 33 a distance of 1255.38 feet to the east quarter corner of said Section 33,
a 2-1/2" aluminum cap L.S. No. 5933 found in place; thence N. 89°59'25" E. along the
northerly boundary of the NWl/4SW!/4 of said Section 34 a distance of 201.90 feet;
thence leaving said northerly boundary S. 03°45'23" E. a distance of 1233.01 feet to a
point on the southerly boundary of said NWl/4SWl/4; thence N. 89°02'47" E. along said
southerly boundary a distance of 807.09 feet; thence leaving said southerly boundary S.
02°50'09" E. a distance of 1220.54 feet to a point on the southerly boundary of the
SW/14SWl/4 of said Section 34; thence S. 88°10'28" W. along said southerly boundary a
distance of 984. 24 feet to the southeast corner of Section 33, a 2" Bureau of Land
Management aluminum cap found in place; thence; S. 16°39'59" W. a distance of217.38
1111~\l".i.l~P"Jilrfi.1111f.ri111:~t~Ml~~r•,1'"~'~11111111
Reception#: 828747
12/19/2012 02:41:22 PM Jean Alberico
11 of 12 Rec Fee:$66.00 Doc Fee:0.00 GARFIELD COUNTY CO
feet; thence S. 27°00'32" W. a distance of277.20 feet; thence S. 48°11'02' W. a distance
of 452.97 feet; thence N. 89°49'27" W. a distance of293.51 feet; thence along the arc of
a tangent curve to the right having a radius of200.00 feet and central angle of 54°02'27",
a distance of 188.64 feet (chord bears N. 62°47'31" W. a distance of 181.72 feet); thence
N. 35°45'36" W. a distance of8.96 feet; thence S. 57°47'34" W. a distance of 100.68 feet
to a point in an existing fence; thence S. 10°53'01" E. along said fence a distance of
648.15 feet to an angle point in said fence; thence continuing along said fence N.
89°15'38" W. a distance of 1728.64 feet to a point in the westerly boundary of the
SWl/4NEl/4 of said Section 4; thence N. 00°13'22" W. along said westerly boundary a
distance of 1342.18 feet to the point of beginning.
AND INCLUDING
Parcel A:
A Parcel of land situated in the NWl/4SWl/4 Section 34, Township 6 South, Range 88
West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel
being more particularly described as follows:
Commencing at the West Quarter Corner of Section 34, an Aluminum Cap L.S. No. 5993
found in place, the Point of Beginning; thence N 89°51 '50" E along the Northerly Line of
the NWl/4SWl/4 Section 34 a distance of20l.90 feet; thence leaving said Northerly
Line S 03°53 '31" E a distance of 1233.02 feet, to a point on the Southerly Line of said
NW1/4SWl/4; thence along said Southerly Line S 89°13'59" W a distance of 199.56
feet, to S 1116 of Section 34 and 33, a 2-1/2" Garfield County Smveyor Brass Cap found
in place; thence N 03°59'40" W along said Westerly Line of said Section 34 a distance of
1235.37 feet to the Point of Beginning; said Parcel containing 5.676 acres, more or less.
County of Garfield
State of Colorado
Parcel B:
A Parcel of Land situated in the NEY. Section 4, Township 7 South, Range 88 West of
the Sixth Principal Meridian, County of Garfield, State of Colorado, being more
particularly described as follows:
Commencing at the Nl/4 corner of Section 4; thence S 45°03 '03"E a distance of 1905.62
feet to the nmiheast sixteenth corner of said Section 4, also being the southeast corner of
that prope1iy described in Reception No. 419600 in the Garfield County Clerk and
Recorder's Office, the Point of Beginning; thence N00°18'44"W along the westerly line
of said Reception No. 419600 a distance of 514.40 feet to the northwest corner; thence
S89°46'50"E along the northerly line of said Reception No. 419600 a distance of285.66
feet to a point in an existing fence; thence leaving said northerly line SI 0°53'O1 "E along
said existing fence a distance of 541.23; thence continuing along said existing fence
N89°15"38"W a distance of 1728.64 feet to a point on the north-south centerline of said
1111 Wi'°.t. l!MlP"Jlir~I. Mt!irli.i:ri1t1r, lnlfittlf li+fil"'&/fi~·i 11111 I , ReceptionH: 828747
12/19/2012 02:41 :22 PM Jean Alberico
12 of 12 Rec Fee:$66.00 Doc Fee:0.00 GARFIELD COUNTY CO
Section 4; thence leaving said existing fence N00°13'22"W along said north-south
centerline a distance of 1.04 feet to a point on the nmtherly line of that property described
in Reception No. 280798 in the Garfield County Clerk and Recorder's Office; thence
leaving said north-south centerline S89°46' 50"E along said nmtherly line a distance of
1343.47 feet to the Point of Beginning said parcel containing 4.293 ac. more or less.
County of Garfield
State of Colorado
AND EXCEPTING THEREFROM
A Parcel ofland situated in the SWl/4SW1/4 Section 34, Township 6 South, Range 88
West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel
being more particularly described as follows:
Commencing at the Southwest Corner of Section 34, a 2-1/2" Garfield County Surveyor
Brass Cap found in place; thence N 88°10'28" E along the Southerly Line of said Section
34 a distance of984.24 feet, to the Point of Beginning; thence leavings said Southerly
line N 02°50'09" W a distance of 1220.49 feet to a point on the Northerly Line of the
SWl/4SW1/4 of said Section 34; thence N 89°02' 17" E along said N01therly Line a
distance of 358.19 feet to Southwest Sixteenth Corner of said Section 34; thence S
02°50'09" Ea distance of 1215.09 feet to the West Sixteenth corner of said Section 34
and Section 3, Township 7 South, Range 88 West of the Sixth Principal Meridian; thence
S 88°10'28" W along the Southerly Line of said Section 34 a distance of358.06 feet, to
the Point of Beginning; said Parcel containing 10.008 acres, more or less.
County of Garfield
State of Colorado
1111 ~'1'~.i. ~:ii1i11,,\~1~r~11, r.\~ 1 ~~:r,ii,"~":rl'(ilftl~.~"' 1111 1
Receptiontt: 828749
12/19/2012 02 :41 :22 PM Jean Alberico
1 of 2 Rec Fee :$16 .00 Doc Fee :O.OD GARFIELD COUNTY CO
QUIT CLAIM DEED
THIS QUIT CLAIM DEED is made this ~day of Au.~v..'bt' , 2012, between THE
BERKELEY FAMILY LIMITED PARTNERSHIP of the County of Garfield and State of Colorado,
Grantor, and COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT whose legal address is
4001 Road I 14, Glenwood Springs , CO 81601, of the County of Garfield and State of Colorado,
Grantee:
WITNESS, that the Grantor, for and in consideration of the stun of Ten Dollars and other
good and valuable consideration , the receipt and sufficiency of whic h is hereby acknowledge, has
remised, released, so ld, conveyed, and QUITCLAIMED, and by these present does remise, release ,
se ll , convey and QUITCLAIM unto the Grantee , its successors and assigns , forever, all the right,
title, interest, claim and demand which the Grantor ha s in and to the real property, together with
improvements , if any, situate, lying and being in the County of Garfield and State of Colorado,
described as fo ll ows:
SEE EXHIBIT A ATTACHED HERETO
also known by street number as: NIA
TO HA VE AND TO HOLD the same, together with all and si ngu lar the appurtenances and
privileges thereunto belonging, or in anywise thereunto appertaining, and all th e estate, right, title,
int e rest and claim whatsoever of the Grantor, either in law or in equity, to the only proper use,
benefit , and behoof of the Grantee, hi s heirs , successors and assigns forever.
IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set fort h above.
THE BERKELEY FAMILY LIMITED PARTNERSHIP
-a;:;; ,;;;;,,;J:;;~
Its: /.:/c-Y"f
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
The foregoi ng in strume nt was acknow led ged before me this z.B-+~ay of
f\v..g M.'i>t , 2012, by ('{) ,· lh!4 <-I~ er/. t IJ as A~-<: --1-of The Berkeley
Fam il y Limited Partnership.
Witness my hand and official seal.
My commission expires: _q_..,._3o __ -_1 Y~--,.. 'tAJµ.._ s ~~v.-,,,,,,,,,,.,,,,,,,,
__ \J ______ ~· ----,,,,, aGn ''•
Notary Public ,,·~).,·~····••• .. 0 '•, I ~·. .. ~ ... ...,, /.Jr.·-~;~~.·<)\ fl-\
• If~ I ,.,.~ ' -0 ~ ' i .! , o .• ""'..,,, 0..J i . .... . .. ~ -~ , ... ~ ~ ~ ,f • (1 i ~,, ... q ••• ~ ")~ •A ••,,, • •••••' (): ,,, ....
.,,,,, ~ l" A ,. (. ' ' ,,,,, ,,,,,\\
1111 ~\l'.i. ~:ii1l~',Ml( l'llt llW IT/\:16 1 ~1+1..:rillf.11H ~'~ 11111
Reception#: 828749
12/19/2012 02:41:22 PM Jean Alberico
2 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT A
A Parcel of land situated in the SWl/4SW1/4 Section 34, Township 6 South, Range 88
West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel
being more particularly described as follows:
Commencing at the Southwest Corner of Section 34, a 2-1/2" Garfield County Surveyor
Brass Cap found in place; thence N 88°10'28" E along the Southerly Line of said Section
34 a distance of984.24 feet, to the Point of Beginning; thence leavings said Southerly
line N 02°50'09" W a distance of 1220.49 feet to a point on the Northerly Line of the
SWl/4SWl/4 of said Section 34; thence N 89°02'17" E along said Northerly Line a
distance of 358.19 feet to a point on the Easterly Line of said SW1/4SWl/4 Section 34;
thence S 02° 50'09" E along said Easterly Line a distance of 1215.09 feet to a point on the
Southerly Line of said Section 34; thence S 88°10'28" W along said Southerly Line a
distance of 358.6 feet, to the Point of Beginning; said Parcel containing I 0.008 acres,
more or less.
County of Garfield
State of Colorado
Quit C'lailn Deed 1Vhen recorcled, please re/urn to:
Page 2
Bea/lie, Cha(Mick & Houpt, LLP
932 Cooper A\•enue
Glenwood Springs, CO 81601
1 111 ~\111• ~~I~~.~ .i~1r. n'-1tl-t~:~~~l~~~D!-~~~,Hj.~·~ 11 111
Re c epliontt: 828748
12/19/2012 02 :41:22 PM Jean Alberico 1 o f 2 Rec Fee:$16 .00 Doc Fee :0.00 GARF I ELD COUNTY CO
QUIT CLAIM DEED
THIS QUIT CLAIM DEED is made thi s {p~ day of 1)ec.~"'b~r , 20 12, betwe e n
CO LOR ADO MOUNTAIN JUNIOR CO LLEG E DISTRICT, of th e Co un ty of Gar field and State of
Co lorado, Gra n tor, a nd THE BERKELEY f AMILY LI MITED PARTNERS HIP whose legal address
is 400 I Co unt y Road 114, Glenwood Sp rin gs, CO 8160 I , of th e Co unt y of Ga rfi e ld and State of
Co lora do, Grantee:
WITNESS, that the Gran tor , fo r and in consideration of the sum of Ten Dollars and oth er
good and valuable consideration , the recei pt and s uffi cie ncy of which is hereby ack nowledge , has
rc mi sed, relea sed , so ld , conve yed, a nd QUITCLAIMED, and by the se present does remi se, re lease,
se ll , convey and QUITCLAIM unt o th e Grantee, its successo rs and as s igns , fo rever, all the right,
title , interest, c la im and dem and w hi ch the Grantor has in and to th e real prop erty, toge th e r with
impro ve me nt s, if a ny, situat e, lying a nd being in th e Cou nty of Garfield and State of Colorado,
described as fo llow s:
SEE EXHIBIT A ATTACHED HERETO
also known by street numb e r as: NI A
TO HA VE AND TO HOLD the sa me , together with a ll and s in gul a r th e appurtenances a nd
privil eges thereunto belonging, or in anywise th e reunt o appertaini ng, and a ll the estate, ri ght , titl e,
int e rest and c lai m whatsoeve r of th e Gran tor, eit her in law or in eq uit y, t o th e on ly prop er use,
benefit , and be hoof of th e Gran tee , hi s heirs, s ucc essor s and as s igns forever.
IN WITNESS WHEREOF, th e Grantor ha s executed thi s Deed on th e date se t forth above.
COLORADO MOUNTAIN JUNI OR COL LEGE DISTRICT
STATE OF COLORADO )
) SS.
CO UNTY OF GARF IELD )
Witness my ha nd and offic ial seal. ~
/"
My co mmi ssion exp ires: 1 ';Jb -/'') /\ ' ~
G a;MUC -----·--~b----t
Dcl:\WE NOVAK
NOIAHY PUBLI C
D rA \'!-: or-COLORAUU
e;ri;es: July 20 . 20 1 s
1r-c-~~lo~tf0~~it:~~~~~f lvlll:lfJ'Wf,PB~~lrH m 11~ 11111
12/19/2012 02:41:22 PM Jean Alberico
2 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT A
Parcel A:
A Parcel ofland situated in the NWl/4SWl/4 Section 34, Township 6 South, Range 88
West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel
being more particularly described as follows:
Commencing at the West Quarter Corner of Section 34, an Aluminum Cap L.S. No. 5993
found in place, the Point of Beginning; thence N 89°51'50" E along the N01therly Line of
the NWI/4SWI/4 Section 34 a distance of201.90 feet; thence leaving said Northerly
Line S 03°53'31" Ea distance of 1233.02 feet, to a point on the Southerly Line of said
NWI/4SW1/4; thence along said Southerly Line S 89°13'59" W a distance of 199.56
feet, to S 1/16 of Section 34 and 33, a 2-112" Garfield County Surveyor Brass Cap found
in place; thence N 03°59'40" W along said Westerly Line of said Section 34 a distance of
1235.37 feet to the Point of Beginning; said Parcel containing 5.676 acres, more or less.
County of Garfield
State of Colorado
Parcel B:
A Parcel of Land situated in the NEY< Section 4, Township 7 South, Range 88 West of
the Sixth Principal Meridian, County of Garfield, State of Colorado, being more
particularly described as follows:
Commencing at the NI/4 corner of Section 4; thence S 45°03'03"£ a distance of 1905.62
feet to the northeast sixteenth corner of said Section 4, also being the southeast corner of
that property described in Reception No. 419600 in the Garfield County Clerk and
Recorder's Office, the Point of Beginning; thence N00°18'44"W along the westerly line
of said Reception No. 419600 a distance of 514.40 feet to the northwest corner; thence
S89°46'50"E along the northerly line of said Reception No. 419600 a distance of285.66
feet to a point in an existing fence; thence leaving said n01therly line S 10°53'O1 "E along
said existing fence a distance of 541.23; thence continuing along said existing fence
N89°15"38"W a distance of 1728.64 feet to a point on the north-south centerline of said
Section 4; thence leaving said existing fence N00°13 '22"W along said north-south
centerline a distance of 1.04 feet to a point on the northerly line of that property described
in Reception No. 280798 in the Garfield County Clerk and Recorder's Office; thence
leaving said north-south centerline S89°46' 50"E along said northerly line a distance of
1343.47 feet to the Point of Beginning said parcel containing 4.293 ac. more or less.
County of Garfield
State of Colorado
Quit Claim Deed 1V'1en recorde</, please return lo:
Page2
Beattie, Chadwick & Houpt, LLP
932 Cooper Ave11ue
Glenwood Springs, CO 81601
Lake Springs Ranch
Subdivision Preliminary Plan & PUD Amendment June 2015
Exhibit 9g | Nieslanik Land Swap Documentation
11111 Ml""' ~:ti1ll';ll,l'f V.lf!f, MIC W~!ril,WWiNllllif/L ~'~ 111111 I
Recep,,tionH: 828750
12/19/2012 02:41:22 PM Jean Alberico
1 of 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO
TO:
FROM:
RE:
Garfield County Clerk and Recorder
The Berkeley Family Limited Partnership ("Berkeley")
J&S Nieslanik, LLLP ("Nieslanik")
Boundary Line Adjustment
Following the Garfield County Boundary Line Adjustment Procedure, this is a letter of
explanation describing in simple terms the requested boundary line adjustment. Berkeley and
Nieslanik entered into a Contract in 2002 whereby the parties agreed to adjust the boundary line
of their respective properties by a conveyance of approximately 17.809 acres from Nieslanik to
Berkeley. Berkeley and Nieslanik will be adjusting the boundary between the two parcels as
described on the exhibits to the Boundary Line Adjustment Affidavit.
Attached to this letter, and recorded in the Garfield County Clerk and Recorder's office,
is an Affidavit signed by Berkeley and Nieslanik creating the boundary line adjustment and
Exhibits A, B and C to the Affidavit. Recorded concurrently with the Affidavit are two quit
claim deeds conveying the properties to the other party.
Very trnly yours,
The Berkeley Family Limited Partnership
J&S Nieslanik, LLLP
y: James P. Nieslanik
Its: General Partner
1111 ~'11'1• ~:r11~.,,a~J\ Nfi rll r ~-~~~-t l(l,&.~r•A~~•,:', ~,~ 11111
' Recep,tiontt: 828750
12/19 /2012 02 :4 1 :22 PM Jean Alber ico
2 of 9 Rec Fee :$51 .00 Doc Fee :0 .00 GARFIELD COUNTY CO
BOUNDARY LINE ADJUSTMENT AFFIDAVIT
T he und e rsigned affiant s being fir st sworn up on th ereof, depo se and stat e as fo ll ows:
I. We are the owners of real property in the unin cor porated a rea of Ga rfi e ld Co unty ,
which is desc ribed in Ex hibit "A" which is attached hereto and incorp orated herein by
reference.
2 . We are desirous of adjusti ng the boundary lines of our parcels and have attached
in Ex hibit B th e "met es and bou nd s" description of th e area being adjusted and in Ex hibit
C th e new lega l descriptions of our parc els a fi er the adjus tment ha s been made. We sig n
thi s Affidavit in acco rdan ce with the Garfie ld Co unty Unified Land Use Re so luti on of
2008, as amend ed .
3. We he reby represent that no new parc e ls o r lots will be created and th erefo re, that
Ga rfi e ld Co unty will not be req uir ed to iss ue any buildin g permits, oth er th an what it
wou ld be requ ired to iss ue for the a lr eady existi ng parcel s.
4 . We her e by represent that no ne of the parcels inv o lved in thi s bound ary line
adjustmen t is part of a previou s ly pl at ted s ubdivi sio n of re co rd .
5. We hereby represent th at the boundary lin e adjustment mad e re ference to herein
will not ca use th e lo ss of access by road or to utiliti es, to any parc e l inv olv ed.
6. We hereby represe nt th at th e boundary lin e adjustment being made will not res ult
in any of th e parcels involved bein g less th an the minimum lot s ize in th ei r app li cable
zo ne di stri ct a ll owe d as a re s ult of the boundary line adjustment or crea te a ny non-
con fo rmin g setbacks fo r any ex istin g stru ct ur es.
7 . We hereby repre se nt th at a copy of the Affidavit will be reco rd ed with th e
Garfie ld Co unty Clerk and Recorder.
FURTHER AFFIANTS SAYETH NOT.
DONE this \'-t-j.1\ day of Ueccr-'c£r-'2012.
T he Berkeley Family Limited Partnership
J&S Nies lanik, LLLP
It s: General Partner
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
The foregoing document was subsc ribed and swo rn to before me in the County of
Garfield, State of Colorado this .2.B~day of ,A'-'dl.AS't , 2012 by
[Y\\ L"'-tt -L-\ e,u·t-elJ as °'6 e,_)+ of The Berkeley Family Limited
Partnership.
My commission Expires:
'\'---30 -20 1~
STATE OF COLORADO )
) SS.
COU NTY OF GARFIELD )
\ ) uJ..0 s. r-\ a,N'Dt/1/
Notary Public
The foregoing document was sub scr ibed and sworn to before me in the Cou nty of
Garfield , State of Colorado this 1¥ day of ~es, 2012 by James P. Nieslanik as
General Partner of J&S Nieslanik, LLLP. ~·
My commission Expires: 3./t).)5
~~~~~~~~~~~~
Notary Public
2
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1111 ~l~.i. ~:J'/1M,GfilJ.ttll\ NiJi lr'~"!i!ilf,~fi."ff.i.:1'11 11.~1 ~ 11111
Recept.iontt: 828750 .
12119/2012 02·41·22 PM Jean Alberico 4 of g Rec Fee:$5t.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT A
Existing Property -,J & S Nieslanik LLLP
Home Ranch Parcel:
Township 6 South, Range 88 West, 6TH P.M.
Section 35: NWl/4; Nl/2SWl/4; SWl/4SWl/4; lying North of C.R. 115. Containing
23.87 acres.
Section 34: NEl/4; El/2SEl/4
Section 35: A tract in the SEl/4SWl/4 containing 5.65 acres, more or less, as more
fully described in Book 930 at Page 490.
Township 7 South, Range 88 West, 6TH P.M.
Section 3:
Section 4:
Lot 2 (40 acres); Lot 3 (40 acres); Lot 4 (40 Acres); SWl/4NEl/4;
Sl/2NWl/4
Lot 1 (37.67 Acres) and a portion ofSEl/4NEl/4 (15.81 Acres) which is
described as lying East of the following line: Beginning at a point whence
the NE Corner of Section 4 bears N33°20'30"E, 995.7 feet; thence
S00°30'30"E, 1860.5 feet to the south line of the SEl/4NEl/4.
LESS AND EXCEPTING a parcel of land situated in the NEl/4 of
Section 4, T7S, R88W, 6'" P.M. which is a parcel containing 17.861 acres
and is described as a part of a lot boundary adjustment. Said legal
description is attached and made a part of this legal description.
The Home Ranch parcel is estimated to contain 856 acres, more or less, and is described
on three different schedules including #0500167, #050191, and# 11133 l.
Mountain Parcel located in Garfield and Eagle County, Colorado
Township 6 South, Range 87 West, 6TH P.M.
Section 20: SEl/4SE1/4
Section 21: Wl/2; SEl/4; Sl/2NE1/4; NWl/4NE1/4
The schedule number for that portion of the prope11y located in Garfield County is
#050168 and the schedule number for that p011ion of this property located in Eagle
County is #024160. This property contains 640 acres, more or less.
1111 Wi. ~:1'111i\11,rriil/ r\111'.~l!WWilMl~l'hli:lnlL ~1 1!. 11111111
Reception~: 828750
· 12/19/2012 02:41 :22 PM Jean Alberico
5 of 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO
Such property was conveyed to J & S Neislanik LLLP by Special Warranty Deed dated
December 24, 1997 and Recorded December 26, 1997 at Reception No. 518315 in Book
1047 at Page 914.
Existing Property -The Berkeley Family Limited Partnership
Township 6 South, Range 88 West of the 61h P.M.
Section 32: Lots 5 and 6
Section 33: Lots 7 through 17 inclusive, Lot 20 through 23, inclusive and NEl/4SEl/4
Section 34: SWl/4SWl/4
Township 7 South, Range 88 West of the 61h P.M.
Section 4: Lots 2, 3, and 9
EXCEPTING therefrom that parcel of land described to the Board of County
Commissioners of Garfield County for road purposes by documents recorded June 3,
1929, in Book 159 at Page 85 as Reception No. l 04496 and in Book 159 at Page 87 as
Reception No. 104498
Such property was conveyed to The Berkeley Family Limited Partnership by Special
Warranty Deed dated April 15, 1994 and Recorded April 22, 1994 at Reception No.
462134 in Book 0899 at Page 796.
1111 W\l".i. ~:1'111'111.M'l, 1'611. Ml~ri:t+1(lMfiri\i~liil(l.~11I. 11111
Recept.iontt: 828750 .
12119/2012 02:4$15,2120POMO JoeaFnee~6b6b1gARFIELD COUNTY CO 6 of 9 Rec Fee: . o · ·
.J&S Nieslanik, LLLP
to
EXHIBITB
The Berkeley Family Limited Partnership
A parcel of land situated in the NEl/4 of Section 4, Township 7 South, Range 88 West of
the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being
more particularly described as follows:
Commencing at the northeast corner of said section 4, a BLM aluminum cap in place, the
Point of Beginning; thence Sl6°39'55"W 217.38 feet thence S27°00'32"W 277.20 feet;
thence S48° l l '02"W 452.97 feet; thence N89°49'27"W 293.53 feet; thence along the arc
of a curve to the right having a radius of200.00 feet and a central angle of 54°02'08", a
distance of 188.62 (chord bears N62°47'22"W 181.71 feet); thence N35°45'36"W 8.96
feet; thence along the arc of a non-tangent curve to the right having a radius of 330.00
feet and a central angle of 17°32'59'', a distance of 101.08 feet (chord bears
S57°47'34"W 100.68 feet); thence Sl0°53'01"E 106.92 feet; thence N89°46'50"W
285.66 feet to a point on the easterly boundary of that prope1iy described in Reception
No. 462134 of the Garfield County Clerk and Recorder's Office; thence N00°18'44"W
along said easterly boundary 336. 70 feet; thence continuing along said easterly boundary
N89°51'49"E213.40 feet; thence continuing along said easterly boundary N00°16'49"W
489.84 feet to a point on the northerly boundary of said section 4; thence along said
northerly boundary S89°49'20"E 1127.68 feet to the true point of beginning; said parcel
containing 17.809 acres, more or less, said parcel to be merged with a tract ofland
presently identified as Reception No. 518315, Book No. 1047, Page No. 914 in the
records of the Clerk and Recorder of Garfield County.
County of Garfield
State of Colorado
1111 ~'Ii'• ~:1'11~~,~l'.~1.iii,ic 1Rfi:1'l~IAA:rtlr."lrH ~,~ 11111
Recepllontt: 828750
12/19/2012 02:41:22 PM Jean Alberico
7 or 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBITC
Resulting Legal Description -J&S Nieslanik, LLLP
HOME RANCH PARCEL:
TOWNSHIP 6 SOUTH, RANGE 88 WEST, 6111 P.M.
Section 35: NWI/4; Nl/2SWl/4; SWl/4SWl/4; lying North of C.R. 115. Containing
23.87 acres.
Section 34: NEI/4; El/2SEI/4
Section 35: A tract in the SEl/4SWl/4 containing 5.65 acres, more or less, as more
fully described in Book 930 at Page 490.
TOWNSHIP 7 SOUTH, RANGE 88 WEST, 6111 P.M.
Section 3:
Section 4:
Lot 2 (40 acres); Lot 3 (40 acres); Lot 4 (40 Acres); SWI/4NEl/4;
Sl/2NWl/4
Lot 1 (37.67 Acres) and a portion ofSEl/4NEl/4 (15.81 Acres) which is
described as lying East of the following line: Beginning at a point whence
the NE Corner of Section 4 bears N33°20'30"E, 995.7 feet; thence
S00°30'30"E, 1860.5 feet to the south line of the SEl/4NEl/4.
LESS AND EXCEPTING a parcel of land situated in the NEI/4 of
Section 4, T7S, R88W, 6'" P.M. which is a parcel containing 17.861 acres
and is described as a part of a lot boundary adjustment. Said legal
description is attached and made a part of this legal description.
The Home Ranch parcel is estimated to contain 856 acres, more or less, and is described
on tln·ee different schedules including #0500167, #050191, and # 111331.
MOUNTAIN PARCEL located in Garfield and Eagle County, Colorado
TOWNSHIP 6 SOUTH, RANGE 87 WEST, 6TH P.M.
Section 20: SEl/4SEl/4
Section 21: Wl/2; SEl/4; Sl/2NEl/4; NWI/4NEl/4
The schedule number for that p011ion of the prope11y located in Garfield County is
#050168 and the schedule number for that p011ion of this property located in Eagle
County is #024160. This property contains 640 acres, more or less.
111111 ~\l".i. ~:1'11~,Mt I~~ rg,1f,l~VM\\"l~n·rw,;~1111.~1 iA 1111111
Receptiontt: 828750
12/19/2012 02:41:22 PM Jean Alberico
8 Of 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXCEPTING THEREFROM:
A parcel of land situated in the NEl/4 of Section 4, Township 7 South, Range 88 West of
the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being
more particularly described as follows:
Commencing at the northeast corner of said section 4, a BLM aluminum cap in place, the
Point of Beginning; thence S 16°39' 55"W 217.38 feet thence S27°00'32"W 277 .20 feet;
thence S48°1 l '02"W 452.97 feet; thence N89°49'27"W 293.53 feet; thence along the arc
ofa curve to the right having a radius of200.00 feet and a central angle of 54°02'08", a
distance of 188.62 (chord bears N62°47'22"W 181.71 feet); thence N35°45'36"W 8.96
feet; thence along the arc of a non-tangent curve to the right having a radius of 330.00
feet and a central angle of 17°32'59", a distance of 101.08 feet (chord bears
S57°47'34"W 100.68 feet); thence Sl0°53'0l"E 106.92 feet; thence N89°46'50"W
285.66 feet to a point on the easterly boundary of that property described in Reception
No. 462134 of the Garfield County Clerk and Recorder's Office; thence N00°18'44"W
along said easterly boundary 336. 70 feet; thence continuing along said easterly boundary
N89°5 l '49"E 213.40 feet; thence continuing along said easterly boundary N00°16'49"W
489.84 feet to a point on the northerly boundary of said section 4; thence along said
northerly boundary S89°49'20"E 1127.68 feet to the true point of beginning; said parcel
containing 17.809 acres, more or less.
Resulting Legal Description -The Berkeley Family Limited Partnership
A Parcel ofland situated in government Lots 5 and 6, Section 32, Lots 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 20, 21, 22, 23 and the NE1/4SEl/4 of Section 33, SW1/4SWl/4 and
the NW1/4SWl/4 of Section 34 all in Township 6 South, Range 88 West of the 6th
Principal Meridian, and also Lots 1, 2, 3 and 9 of Section 4, Township 7 South, Range 88
West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel
being more particularly described as follows:
Commencing at the South Qumier Corner of said Section 33, A 2-1/2" brass cap L.S. No.
5933 found in place, the point of beginning; thence N. 89°40'02" W. along the sourtherly
boundary of said Section 33 a distance of2502.71 feet to the southwest corner of said
Gov't Lot 20, a 3-1/4" aluminum cap L.S. No. 19598 found in place; thence N. 0 I 0 58'08"
E. along the westerly boundary of said Gov't Lot 20 AND 17 a distance of 2,064.02 feet
to the n01ihwest corner of said Gov't Lot 17, a 3-1/4" aluminum cap 19598 found in
place; thence N. 87°10'45" W. along the southerly boundary of said Gov't Lot 9 AND 6 a
distance of 1382.36 feet to the southwest corner of said Gov't Lot 6; thence N. 01°43'36"
E. along the westerly boundary of said Gov't Lot 6 AND 5 a distance of 1290.42 feet to
the northwest corner of said Gov't Lot 5 (whence a witness corner to the northwest
corner of said Lot 5 bears N. 01°43'36" E. a distance of 29.83 feet); thence S. 89°05'5 l"
E. along the northerly boundary of said Lot 5, a distance of 1166.84 feet to the n01iheast
corner of said Lot 5, a 3-1/4" aluminum cap L.S. No. 19598 found in place; thence S.
89°12'4 I" E. along the northerly boundary of said Gov't Lot 8 AND 7 a distance of
1529.49 to the n01iheast corner of said Lot, a 2-1/2" Garfield County Surveyor aluminum
1111 Ml".i.P~11i\11,MI' DM.r+l(.llri~~~M~iil/L~1 \l. llll Ill
Receptiontt: 828750
12/19/2012 02:41:22 PM Jean Alberico
9 of'g Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO
cap found in place; thence S. 01°58' 1 O" W. along the easterly boundary of said Lot 7 a
distance of 838.23 feet to the southeast corner of said Lot 7, a 2-1/2" aluminum cap L.S.
No. 5933 found in place; thence S. 88°25'59" E. along the northerly boundary of said
Gov't Lot 11 a distance of 1113.33 feet to the center quarter corner of said Section 33, a
3-1/4" Garfield County Surveyor aluminum cap found in place; thence S. 88°25'59" E.
along the northerly boundary of said Gov't Lot 12 a distance of 1255.38 feet to the
center-east sixteenth corner of said Section 33, a 2-1/2" aluminum cap L.S. No. 5933
found in place; thence S. 88°25'59" E. along the northerly boundary of the NEl/4SE1/4
of said Section 33 a distance of 1255.38 feet to the east quarter corner of said Section 33,
a 2-1/2" aluminum cap L.S. No. 5933 found in place; thence N. 89°59'25" E. along the
northerly boundary of the NWl/4SWl/4 of said Section 34 a distance of201.90 feet;
thence leaving said northerly boundary S. 03°45'23" E. a distance of 1233.0 l feet to a
point on the southerly boundary of said NW1/4SWl/4; thence N. 89°02'47" E. along said
southerly boundary a distance of 807.09 feet; thence leaving said southerly boundary S.
02°50'09" E. a distance of 1220.54 feet to a point on the southerly boundary of the
SW/14SWl/4 of said Section 34; thence S. 88°10'28" W. along said southerly boundary a
distance of984. 24 feet to the southeast corner of Section 33, a 2" Bureau of Land
Management aluminum cap found in place; thence; S. 16°39'59" W. a distance of217.38
feet; thence S. 27°00'32" W. a distance of277.20 feet; thence S. 48°11'02' W. a distance
of 452.97 feet; thence N. 89°49'27" W. a distance of293.51 feet; thence along the arc of
a tangent curve to the right having a radius of200.00 feet and central angle of 54°02'27",
a distance of 188.64 feet (chord bears N. 62°47'3 l" W. a distance of 181.72 feet); thence
N. 35°45'36" W. a distance of 8.96 feet; thence S. 57°47'34" W. a distance of 100.68 feet
to a point in an existing fence; thence S. 10°53'01" E. along said fence a distance of
648.15 feet to an angle point in said fence; thence continuing along said fence N.
89°15'38" W. a distance of 1728.64 feet to a point in the westerly boundary of the
SWl/4NEl/4 of said Section 4; thence N. 00°13'22" W. along said westerly boundary a
distance of 1342.18 feet to the point of beginning.
1111 ~~~ ... ~:ii1~~1,r.m11.1M.1,•.~," ~A~~~\r.1 l«l:!'Witiln1' ~111 1 1111
Reception«: 828751
12/19/2012 02:41 :22 PM Jean Alberico
1 of 2 Rec Fee :$16 .00 Doc F ee:O.OD GARFIELD COUNTY CO
QUIT CLAIM DEED
-/h
THIS QUIT CLAIM DEED is made this l!£: day of [}h e-"" be..;' , 2012, between J&S
NIESLANIK, LLLP , of the County of Garfield and State of Colorado, Grantor, and THE
BERKELEY FAMILY LIMITED PARTNERSHIP whose legal address is 4001 County Road 114 ,
G lenwoocl Springs, CO 8160 I, of the County of Garfield and State of Colorado, Grantee:
WITNESS , that the Grant or, for and in consideration of the sum of Ten Dollars and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, has
remi sed, released, sold, conveyed, and QUITCLAIMED, and by these present does remise, release,
sell, convey and QUITCLAIM unto the Grantee, its successors and assigns, forever, all the right,
title, interest, claim and demand which the Grantor has in and to the real prope11y, to get her with
improvement s, if any, situate, lying and being in th e County of Garfield and State of Colorado ,
described as follows:
SEE EX HIBIT A A TT ACHED HERETO
also known by street number as: NIA
TO HA VE AND TO HOLD the same, together with a ll and singular the appurtenances and
privil eges thereunto belonging, or in anywise thereunto appertaining, and all the es tate, right, title,
int e rest and claim whatsoever of the Grantor, either in law or in equity, to the only proper use,
benefit, and behoof of the Grantee , his heirs, successors and assigns forever.
IN WITNESS WHEREOF, the Grantor has executed this Deed on the elate set forth above.
By: James P. Nieslanik
It s: General Partner
ST A TE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
\~he foregoing in st rument was acknowledged before me this /4th day of
~--=-=~~----' 2012, by James P. Nieslanik as General Partner of J&S Nieslanik, LLLP.
Witness my hand and official seal.
My commission expires: '.3 . I~./ 5
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Notary Public
1111 ~'1~. ~:rl11'1/'l,r.nJ~foi'l\trP1r 11tr.tM~:1it~:r1~:1o11~ ~"' 1111111
~ R6ceptionU: 828751
12/19/2012 02:41:22 PM Jean Alberico
2 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT A
A parcel of land situated in the NEl/4 of Section 4, Township 7 South, Range 88 West of
the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being
more particularly described as follows:
Commencing at the northeast corner of said section 4, a BLM aluminum cap in place, the
Point of Beginning; thence S l 6°39'55"W 217.38 feet thence S27°00'32"W 277.20 feet;
thence S48°1 l '02"W 452.97 feet; thence N89°49'27"W 293.53 feet; thence along the arc
ofa curve to the right having a radius of200.00 feet and a central angle of54°02'08", a
distance of 188.62 (chord bears N62°47'22"W 181. 71 feet); thence N35°45'36"W 8.96
feet; thence along the arc ofa non-tangent cmve to the right having a radius of330.00
feet and a central angle of 17°32' 59", a distance of 101.08 feet (chord bears
S57°47'34"W 100.68 feet); thence S 10°53 'O l "E 106.92 feet; thence N89°46' 50"W
285.66 feet to a point on the easterly boundary of that property described in Reception
No. 462134 of the Garfield County Clerk and Recorder's Office; thence N00°18'44"W
along said easterly boundary 336.70 feet; thence continuing along said easterly boundary
N89°5 l '49"E 213.40 feet; thence continuing along said easterly boundary N00°16' 49"W
489.84 feet to a point on the n01therly boundary of said section 4; thence along said
northerly boundary S89°49'20"E 1127.68 feet to the true point of beginning; said parcel
containing 17.809 acres, more or less.
County of Garfield
State of Colorado
Quit Claim Deed 1Vhen recorded, please return lo:
Page 2
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