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HomeMy WebLinkAbout1.09 Garfield County - Vesting Deed1111 tin MAME N' LIM+! 11111 Reception#: 804202 06/22/2011 01:16:21 PM Jean Alberico 1 of 14 Rec Fee:$76,00 Doc Fee:0.00 GARFIELD COUNTY CO After Recording Return To: �C'bekw�x 5"", word Z93 Crescen+ LQYde 6-k-nemcd Sprias_rC65 kia CORRECTION DEED - NO DOCUMENTARY FEE REQUIRED. THIS SPECIAL WARRANTY CORRECTION DEED IS BEING RECORDED TO CORRECT A RECEPTION NUMBER REFERENCED IN THE SPECIAL WARRANTY DEED RECORDED ON APRIL 21, 2011 AT RECEPTION NO. 801638 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO. PURSUANT TO COLO. REV. STAT. § 39-13-104(1)(f), NO DOCUMENTARY FEE SHALL BE IMPOSED UPON THIS SPECIAL WARRANTY CORRECTION DEED. SPECIAL WARRANTY CORRECTION DEED This Special Warranty Deed (this "Deed") is dated this Z Z day of June 2011, between CARBONDALE INVESTMENTS, LLC, a Texas limited liability company ("Grantor") whose address is 5121 Park Lane, Dallas, Texas 75220 and GARFIELD COUNTY COMMERCIAL INVESTMENTS, LLC, a Texas limited liability company ("Grantee") whose address is 1445 Ross Avenue, Suite 3700, Dallas, TX 75202-2799. WITNESSETH, that Grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby confessed and acknowledged by Grantor, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, all of that certain real property, situate, lying and being in the County of Garfield, State of Colorado, and more particularly described on Exhibit A attached hereto (the "Property"); TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of Grantor, either in law or equity, of, in and to the Property; SUBJECT TO all covenants, conditions, easements, exceptions, encumbrances, reservations and restrictions of record; AND SUBJECT FURTHER TO the covenants, conditions, restrictions and reservations set forth in Article I of this Deed; TO HAVE AND TO HOLD the Property above bargained and described unto Grantee forever; AND Grantor covenants and agrees to and with Grantee, to warrant and defend the quiet and peaceable possession of the Property, by Grantee, against every person who lawfully claims 1 Special Warranty Deed 11111g6friWkIMIPITIAL+I 111(1 Reception#: 804202 06/22l21a11 01.16;21 PM Jean Rlberico 2 o4 14 Reo Fee:$76.00 Doc Fee:0.00 GARFIELD COUNTY CO the Property or any part thereof, by, through or under Grantor, subject to covenants, conditions, easements, exceptions, encumbrances, reservations and restrictions of record and the covenants, conditions, restrictions and reservations herein contained. ARTICLE T RESERVATIONS 1.1 Reservation of Water Rights. Grantor, for itself, its successors and assigns, hereby reserves all right, title, and interest in and to all water and water rights associated with, historically used on, or attached, allocable or appurtenant to the Property, including, but not limited to, all adjudicated water rights and decrees and priorities therefor; unadjudicated water rights and appropriations; rights in water from tributary and nontributary sources, whether surface or underground; rights existing under well permits issued by the State Engineer; rights in nontributary and not nontributary groundwater; all rights, shares or allotments of water in ditch and reservoir companies, conservancy districts, irrigation districts, conservation districts, or other water distribution organizations, and all shares of stock or other instruments evidencing a right to such water; all rights to water not derived from state law; all water rights claimed under contract, exchange, changes of water rights, or plans for augmentation; all pending water rights applications; all ditches, canals, reservoirs, pipelines, tunnels, wells, pumps, sprinklers and other structures for diverting, storing and conveying water, and all rights of way and easements therefor. 1.2 Reservation of Oil, Gas and Mineral Rights. Grantor, for itself, its successors and assigns, specifically reserves all right, title, and interest in and to all minerals and mineral rights, and shall retain the right to develop and remove all minerals and mineral rights on, in or that may be produced from the Property including, but not limited to, all gravel, sand, oil, gas, and other liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or nonmetallic in whatsoever form and whether occurring, found, extracted or removed in solid, liquid or gaseous state or in combination, association or solution with other mineral or non -mineral substances, regardless of their intended use or current commercial value; provided that Grantor waives all rights to use the surface of the Property to exercise the rights reserved in this Section 1.2 and, without limitation of such waiver, Grantor's activities in extracting or otherwise dealing with the minerals and mineral rights shall not cause disturbance or subsidence of the surface of the Property or any improvements on the Property. 1.3 Non -Exclusive Access Easement. Grantor, for itself, its successors and assigns, specifically reserves a perpetual, absolute, non-exclusive easement for access by people, vehicles and equipment on, over, upon, across, under and above portions of the Property as may be necessary, in Grantor's sole discretion, to enable Grantor and others to exercise the rights described in Sections 1.1 and 1.2 above; provided that Grantor, in its exercise of these easement rights, shall not unreasonably interfere with or unreasonably restrict the Grantee's use of the Property. Notwithstanding the foregoing, at any time structures or buildings are under construction or in existence on the Property, Grantor's right to use the surface of the Property pursuant to this access easement shall extend only to those portions of the surface of the Property 2 Special Warranty Deed 1111 MAMA 1141U 'IANdl 51ir1 1 i 11111 Reception#: 804202 06/22f2011 01:46:21 PM .lean Alberico 3 of 14 Rec Fee:$76.00 Doc Fee:0.00 GARFIELD COUNTY CO that are then in use or designated for vehicular or pedestrian access to and from the improvements on the Property or open space. ARTICLE II CONSERVATION EASEMENT The Property is subject to a conservation easement granted to the Roaring Fork Conservancy, a Colorado nonprofit corporation, pursuant to the Grant of Conservation Easement recorded in the records of the Clerk and Recorder of the County of Garfield as Reception No. 559036, and the conservation easement description and map recorded in the records of the Clerk and Recorder of the County of Garfield as Reception Noe6V20O correcting the conservation easement description and map recorded in the records of the Clerk and Recorder of the County of Garfield as Reception No. 760571, and all terms and conditions of the same are incorporated herein by this reference. [Signature and acknowledgment pages follow.] 3 Special Warranty Deed ■111 P111,1 M 10 ,11P1 I L iitiML ERIni 11111 Reception#: 804202 06/22/2011 01:16:21 PM Jean Alberico 4 of 14 Reo Fee:$76.00 Doc Fee:0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, Grantor has executed this Deed as of the day and year first written above. STATE OF e/o{aD COUNTY OF 4r t ) ss. GRANTOR: CARBONDALE INVESTMENTS LC, a Texited liability co r any By: f)6 Name: Rockwood Shepard Its: Authorized Representative The foregoing instrument was ackno ledged before me this G da of June, 2011, by rugal Ste gr0/ as c once/ / /�f Ca{km?e d4 /1��--/1 �L L WITNESS my hand and official seal. My commission expires: -rc A g;12- ��N s.2 140T/App.-.-4 `A ` PUBLICo -tom 9/Z�, %••, ............. IP ;nrit��i,tilrt��� Qr Cl� l"r ntee's signature and acknowledgment page follows.] Notary Public 4 Special Warranty Deed Grantor Signature and Acknowledgment 11111 '♦ 11.1,Milik N14 11111 Reception#• 804202 06/2212011 01:16:21 PM Jean Rlberioo 5 of 14 Rec Fee:$76.00 Doc Fee:0,00 GARFIELD COUNTY CO Agreed to and Accepted: GRANTEE: GARFIELD COUNTY COMMERCIAL INVESTMENTS, LLC, a Texas limited liability company By: Name: Ted R. Sikora II Title: Authorized Representative STATE OF ('.hl,A-bo ) ) ss. COUNTY OF hq.. VE ) The foregoing instrument was acknowledged before me this [1 day of June, 2011, by 750 50 . S s A-01-0-012-17,6) of C FW LJ Cc NTS/ , a -TSYAS u M ITS • P s 4AT� C 1 --CI A -w-- I NiVegriACT� o Lt�L CD-HP/NW/ / WIhand and official seal. My Commission Expires 05/12/2012 5 Special Warranty Deed Grantee Signature and Acknowledgment 1111 I iwMICK VA lid 11 11 1 Reception#: 804202 06/22/2011 01:16:21 PM Jean Alberico 6 of 14 Reo Fee:$76.(110 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A to Special Warranty Deed Legal Description Parcel No. A (East Parcel) A tract of land situated in the southeasterly quarter of Section 1, Township`1 South, Range 89 West, and in Section 7, 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 a point on the westerly right of way line of Colorado State Highway 82, whence a 2 1/2" Brass Cap, found in place, and correctly marked as the southeast corner of said Section 7, bears S 63°31'48" E a distance of 2312.55 feet; thence, along the westerly right of way line of Colorado State Highway 82 N 06°01'00" W a distance of 1467.90 feet; thence, N 08°53'00" W a distance of 200.30 feet; N 00°18'30" W a distance of 201.00 feet; N 06°01'00" W a distance of 700.90 feet; N 08°52'00" W a distance of 313.00 feet; thence, 346.52 along the arc of a curve to the left having a radius of 1820.00 feet, a central angle of 10°54'32" and subtending a chord bearing of N 15°58'00" W a distance of 346.00 feet; thence, N 11°08'00" W a distance of 97.90 feet; thence, 250.29 along the arc of a curve to the left, having a radius of 1840.00 feet, a central angle of 7°47'38" and subtending a chord bearing of N 28°19'00" W a distance of 250.10 feet; thence, N 35°14'00" W a distance of 122.52 feet; thence, N 89°17'09" W a distance of 7.98 feet to a point on the easterly line of a parcel of land described in Reception No. 575283; thence along said easterly line S 35°22'19" E a distance of 1.46 feet to the southeasterly corner of said parcel; thence along the southerly line of said parcel, N 89°17'09" W a distance of 224.24 feet to the southwesterly corner of said parcel; thence, N 00°00'00" W a distance of 0.68 feet; thence, N 89°30'08" E a distance of 0.71 feet; thence, N 00°20'09" E a distance of 0.49 feet to the southeasterly corner of a parcel of land described in Reception No. 603760; thence along the southerly line of said parcel the following three courses: 1) N 89°44'57" W a distance of 0.99 feet; 2) N 30°31'43" W a distance of 65.06 feet; 3) N 86°47'11" W a distance of 65.63 feet to the southwesterly corner of said parcel; thence, N 86°47'11" W a distance of 52.73 feet; thence, N 89°36'12" W a distance of 292.61 feet; thence, N 89°43'30" W a distance of 100.90 feet to a point on the easterly right of way line of the Roaring Fork Transit Authority Transportation Corridor Easement; A-1 Special Warranty Deed Legal Description of the Property 1111 riPriPINCANO,Kliifid 11141.01,114 11 11 1 Reception#: 804202 06/22/2011 01:16:21 PM Jean Alberico 7 of 14 Rec Fee:$76.00 Doc Fee:0.00 GARFIFLD COUNTY CO thence, along said easterly right of way line S 19°38'52" E a distance of 3829.47 feet; thence, 79.82 along the arc of a curve to the right having a radius of 2915.00 feet, a central angle of 1°34'08" and subtending a chord bearing of S 18°51'48" E a distance of 79.82 feet; thence, departing said easterly right of way line N 89°59'59" E a distance of 73.94 feet to a point of the westerly right of way line of Colorado State Highway 82, also being the point of beginning, containing an area of 43.25 acres, more or less. Parcel No. B (Sopris Parcel) Parcel 1 (as described in deed recorded May 19, 1998 in Book 1068 at Page 543 as Reception No. 525444): A tract of land situated in Lot 2 of Section 7, T. 7 S., R. 88 W. of the 6th P.M. lying northeasterly of the West and South lines of said Lot 2 and Southwesterly of the Southwesterly right of way line of State Highway No. 82 as reconstructed in 1967, said tract described as follows: Beginning at the Southwest corner of said Lot 2 being marked with an iron pin; Whence an iron post with a brass cap found in place and properly marked for the Southeast corner of Sec. 1 in T. 7 S., R. 89 W. of the 6th P.M. bears S.35°31'00" W. 770.44 feet; thence N. 324.69 feet along the Westerly line of said Lot 2 to a point on the Southwesterly right of way line of said Highway; thence S. 34°45'30" E. 229.17 feet along the Southwesterly right of way line of said Highway; thence S. 35°14'00" E. 167 feet along the Southwesterly right of way line of said Highway to a point on the Southerly line of said Lot 2; thence West 227.00 feet along the Southerly line of said Lot 2 to the Southwest corner of said Lot 2, the point of beginning. Parcel 2 (as described as Parcel 1 in quit claim deed recorded May 20, 2002 in Book 1356 at Page 384 as Reception No. 603760 and as described as Exhibit A-1 in quit claim deed recorded January 24, 2001 in Book 1228 at Page 600 as Reception No. 575283): A tract of land situated in Section 7, T. 7 S., R. 88 W. of the 6th P.M., County of Garfield, State of Colorado. Said tract of land being more particularly described as follows: Commencing at the SE corner of Section 1, T. 7 S., R. 89 W. of the 6th P.M.,(with all bearings contained herein being relative to a bearing of N. 00°10'09" E. between the SE corner and the E 1/4 corner of said Section 1) ; thence N. 35°30'10" E. 769.47 feet to a found rebar (southwest corner Lot 2 per Book 687 at Page 650) the true point of beginning; thence North along the Westerly line of that property described in said Book 687 at Page 650 128.34 feet; thence leaving said Westerly line N. 88°59'16" W. along the Southerly boundary line and Southerly boundary line extended of the recorded amended Fyrwald Exemption Plat 103.03 feet; A-2 Special Warranty Deed Legal Description of the Property Reception#: 804202 06122/2011 01:16:21 PM Jean Rlberioo 8 of 14 Rec Fee:$76.00 Doo Fee:0.00 GARFIELD COUNTY CO thence continuing along said Southerly boundary line and Southerly boundary line extended S. 02°48'16" E. 70.52 feet, to a point in an existing fence line; Thence leaving said Southerly boundary extended along an existing fence line the following three (3) courses: 1) S. 86°47'11" E. 65.63 feet; 2) S. 30°31'43" E. 65.06 feet; 3) S. 89°17'09" E. 0.99 feet, to the true point of beginning. Parcel 3: (as described as Parcel 2 in quit claim deed recorded May 20, 2002 in Book 1356 at Page 384 as Reception No. 603760 and as described as Exhibit A-3 in quit claim deed recorded January 24, 2001 in Book 1228 at Page 600 as Reception no. 575283): A tract of land situated in Section 7, T. 7 S., R. 88 W. of the 6th P.M., County of Garfield, State of Colorado. Said tract of land being more particularly described as follows: Commencing at the SE corner of Section 1, T. 7 S., R. 89 W. of the 6th P.M.(with all bearings contained herein being relative to a bearing of N. 00°10'09" E. between the SE corner and the E 1/4 corner of said Section 1) ; thence N. 35°30'10" E. 769.47 feet to a found rebar (Southwest corner Lot 2 per Book 687 at Page 650); thence North along the Westerly line of that property described in said Book 687 at Page 650 128.34 feet, the true point of beginning; thence continuing along said Westerly line North 187.87 feet, to a point on the Southerly right-of-way of State Highway No. 82; thence leaving said Westerly line along said Southerly right -of --way the following two (2) courses: 1) N. 34°53'49" W. 9.76 feet; 2) N. 37°33'19" W. 6.55 feet; thence S. 01°05'14" W. along the Easterly line of the recorded Amended Fyrwald Exemption Plat 200.87 feet; thence leaving said Easterly line S. 88°59'16" E. 13.39 feet to the point of beginning excluding, however, any portion of Parcel 2 and/or Parcel 3 located in or encroaching upon: Lots 3 and/or 4, Amended Fyrwald Exemption Plat, as recorded in Garfield County, Colorado under Reception No. 547543, Parcel 4 (as described as Exhibit A-2 in quit claim deed recorded January 24, 2001 in Book 1228 at Page 600 as Reception No. 575283): A tract of land situated in Section 7, T. 7 S., R. 88 W. of the 6th P.M., said tract of land being more particularly described as follows: Commencing at the SE corner of Section 1, T. 7 5., R. 89 W. of the 6th P.M.,(with all bearings contained herein being relative to a bearing of N. 00°10'09" E. between the SE corner and the E 1/4 corner of said Section 1) ; thence N. 35°30'10" E. 769.47 feet to a found rebar (Southwest corner Lot 2 per Book 687 at Page 650) the true point of beginning; thence North along the Westerly line of that property described in said Book A-3 Special Warranty Deed Legal Description of the Property 1111 Filin,i4 hI1'g ,I 11141.li+LLNICPi 11 II Reception#: 804202 06!22!2011 01:16:21 PM Jean Rlberico 9 of 14 Rec Fee:$76.00 Doc Fee:0.00 GARFIELD COUNTY CO 687 at Page 650 0.68 feet; thence leaving said Westerly line east along the Southerly boundary line of said property 221.76 feet, to a point on the Westerly right-of-way of State Highway No. 82; thence leaving said Southerly line S. 35°22'19" E. along said Westerly right of way 4.26 feet, to a point in an existing fence line; thence leaving said Westerly right-of-way N. 89°17'09" W. along said existing fence line 224.24 feet, to the true point of beginning, excepting from insurance and conveyance the following excepting Parcels 5, excepting Parcel 6, and excepting Parcel 7 Excepting Parcel 5 (as described Exhibit A in quit claim deed recorded May 20, 2002 in Book 1356 at Page 390 as Reception No. 603762) A tract of land situated in Section 7, T. 7 S., R. 88 W. of the 6th P.M.. Said tract of land being more particularly described as follows: Commencing at the SE corner of Section 1, T. 7 S., R. 89 W. of the 6th P.M. (with all bearings contained herein being relative to a bearing of N. 00°10'09" E. between the SE corner and the E 1/4 corner of said Section 1) ; thence N. 00°10'09" E. along said Section line 691.13 feet, to a point on the Northerly boundary line of that property survey recorded as Reception No. 205 in the Garfield County Index for Informational Land Survey Plats, the true Point of beginning; thence continuing along said Section line N. 00°10'09" E. 2.36 feet to a point on the Southerly boundary line of the recorded Amended Fyrwald Exemption Plat; thence leaving said Section line N. 89°13'44" E. along said southerly boundary 344.69 feet; thence leaving said southerly boundary line S. 02°48'16" E. 12.00 feet to a Point in an existing fence line; thence N. 86°47'11" W. along said fence line 52.73 feet; thence continuing along said fence line N. 89°36'14" W. 292.62 feet to the Point of beginning; Excepting Parcel 6 (as described as Exhibit A in quit claim deed recorded January 29, 2001 in Book 1229 at Page 263 as Reception No. 575490): A tract of land situated in Section 7, T. 7 S., R. 88 W. of the 6th P.M., said tract of land being more particularly described as follows: Commencing at the SE corner of Section 1, T. 7 S., R. 89 W. of the 6th P.M.,(with all bearings contained herein being relative to a bearing of N. 00°10'09" E. between the SE corner and the E 1/4 corner of said Section 1) ; thence N. 00°10'09" E. along said Section line 627.10 feet, to a point on the Northerly boundary line of that property survey recorded as Reception No. 305 in the Garfield County Index for Informational Land Survey Plats, the true Point of beginning; thence continuing along said Section line N. 00°10'09" E. 64.03 feet, to a point in an existing fence line; thence leaving said Section line S. 89°36'14" E. along an existing fence line 292.62 feet; A-4 Special Warranty Deed Legal Description of the Property ■III ritIf>i1% in! Reception#: 804202 06/22/2011 01:16:21 PM Jean Albericc 10 of 14 Rep Fee:$76.00 Doc Fee:0.00 GARFIELD COUNTY CO thence continuing along an existing fence line S. 86°47'11' E. 118.36 feet; thence continuing along said fence line S. 30°31'43" E. 64.28 feet, to a point on said northerly boundary; thence leaving said existing fence line N. 90°00'00" W. along said Northerly boundary 443.63 feet, to the point of beginning Excepting Parcel 7 (as described in Exhibit A in Rule and Order, Civil Action No. 5952, District Court in and for the County of Garfield and State of Colorado recorded December 15, 1967 in Book 391 at Page 14 as Reception No. 239725): A tract or parcel of land no. 1 rev. 2 of the Department of Highways, State of Colorado, Project No. S 0130(10), in Lots 2 and 11 of Section 7, T. 7 S., R. 88 West, of the 6th P.M., in Garfield County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point on the West line of Lot 2, Section 7, T. 7 S., R. 88 W., from which the SE corner of Sec. 1, T. 7 S., R. 89 W. Bears S. 19°29'30" W., a Distance of 1330.0 feet; 1. Thence South along the West line of Lot 2, Section 7, a distance of 304.5 Feet; 2. Thence S. 34°45'30" E., a distance of 231.0 feet; 3. Thence S. 35°14' E., a distance of 92.2 feet to a South line of the Property; 4. Thence along a South line of the property, N. 89°12' E., a distance of 118.5 feet to the east line of Lot 2, Sec. 7; 5. Thence along the east line of Lot 2, Sec. 7, South a distance of 63.8 feet to the SW. Corner of Lot 11, Sec. 7; 6. Thence along the South line of Lot 11, Sec. 7, N. 89°47'E., a distance of 208.0 feet; 7. Thence along the arc left having a radius of arc bears N. of a curve to the 2,050.0 feet a distance of 14.4 feet (the 32°43' W., a distance of 14.4 feet); 8. Thence N. 34°03' W., a distance of 311.4 feet; 9. Thence N. 42°28'30" W. a distance of 487.6 feet, the Point of beginning chord of this more or Further excepting there from any portion of the land within State No. 82 County of Garfield, State of Colorado Parcel C (West Parcel): less, to Highway A tract of land situated in the southeast quarter of Section 1 and the west half of Section 12, Township 7 South, Range 89 West, and in the southwest quarter of Section 7 and the north half of Section 18, 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 a point on the westerly right of way line of the Roaring Fork Transit Authority Transportation Corridor Easement, whence a 2 1/2" Brass Cap, found in place and correctly marked as the southeast corner of said Section 7, bears S41°30'24"E a distance of 4758.08 feet; A-5 Special Warranty Deed Legal Description of the Property 111I Ilk 11111 Reception#: B04202 06/2212011 01:16:21 PM dean Alberico 11 of 14 Rec Fee:$76.00 Doc Fee:0,00 GARFIELD COUNTY CO thence, departing said right of 1221.19 feet; thence, N 89°43'30" W a distance thence, S 02°00'23" W a distance thence, S 02°15'08" W a distance thence, N 86°35'38" W a distance thence, S 43°10'35" E a distance thence, S 00°24'17" E a distance westerly line of the Roaring Fork thence, along the said Easement feet; thence, S 00°21'30" E a distance thence, S 00°04'33" E a distance thence, S 24°10'18" E a distance thence, S 29°13'16' E a distance thence, S 19°31'50" E a distance thence, S 23°25'35" E a distance thence, S 17°46'37" E a distance thence, S 30°48'54" E a distance thence, S 51°46'41" E a distance thence, S 44°39'33" E a distance thence, S 13°37'07" E a distance thence, S 34°06'17" E a distance thence, S 35°45'21" E a distance thence, S 55°41'54" E a distance thence, S 63°52'39" E a distance thence, S 57°54'58" E a distance thence, S 47°15'14" E a distance thence, S 89°53'16" E a distance thence, N 40°23'30" W a distance thence, S 87°28'29" W a distance thence, S 83°52'12" W a distance thence, N 58°27'19" W a distance thence, N 29°51'31" W a distance thence, N 24°16'24" W a distance thence, N 69°00'53" W a distance thence, S 87°31'44" W a distance thence, N 57°25'01" W a distance thence, N 50°09'49" W a distance thence, N 46°21'12" W a distance thence, N 44°28'05" W a distance thence, N 55°50'08" W a distance thence, N 56°25'40" W a distance thence, N 68°12'23" W a distance thence, N 46°54'04" W a distance thence, N 68°49'21" W a distance thence, N 47°41'50" W a distance thence, N 30°26'40" W a distance thence, N 25°47'01" W a distance thence, N 18°11'39" W a distance thence, N 30°58'21" W a distance thence, N 21°59'14" W a distance thence, N 30°16'07" W a distance thence, N 25°41'38" W a distance way line N 19°38'52" W a distance of of 683.95 feet; of 590.77 feet; of 557.94 feet; of 84.72 feet; of 251.44 feet; of 1250.60 feet to a point on the Conservancy Easement; line S 03°09'52" W a distance of 741.05 of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of 553.42 feet; 323.93 feet; 142.52 feet; 615.00 feet; 246.38 feet; 153.19 feet; 173.22 feet; 163.28 feet; 662.76 feet; 175.65 feet; 255.65 feet; 318.15 feet; 225.15 feet; 196.47 feet; 388.20 feet; 449.02 feet; 122.26 feet; 189.76 feet; 69.38 feet; 36.35 feet; 10.80 feet; 41.45 feet; 8.28 feet; 25.22 feet; 9.87 feet; 22.60 feet; 17.28 feet; 26.07 feet; 9.99 feet; 21.45 feet; 49.05 feet; 49.94 feet; 36.45 feet; 55.18 feet; 25.14 feet; 78.78 feet; 24.58 feet; 30.08 feet; 34.61 feet; 29.32 feet; 27.50 feet; 22.97 feet; 169.44 feet; A-6 Special Warranty Deed Legal Description of the Property 1111 Ii leill alti IL'I+ II'I' AGO .I.ER r4'+CI0,1li }iliii • II Reception#: 804202 06/22/2011 01:16:21 PM Jean P1berioo 12 of 14 Rec Fee:$76.00 Doc Fee:0.00 GARFIELD COUNTY CO thence, N 41°17'39" E a distance of 82.61 feet; thence, N 38°34'52" E a distance of 15.89 feet; thence, N 34°26'44" W a distance of 262.40 feet; thence, N 57°58'09" W a distance of 102.47 feet; thence, N 53°43'31" W a distance of 105.38 feet; thence, N 55°58'11" W a distance of 126.13 feet; thence, N 56°14'57" W a distance of 118.42 feet; thence, N 49°16'04" W a distance of 136.33 feet; thence, N 44°30'51" W a distance of 150.05 feet; thence, N 32°49'55" W a distance of 102.14 feet; thence, N 37°44'19" W a distance of 552.12 feet; thence, N 18°10'02" W a distance of 47.26 feet; thence, N 27°58'19" W a distance of 109.20 feet; thence, N 35°01'36" W a distance of 71.09 feet; thence, N 41°32'47" W a distance of 152.23 feet; thence, N 40°22'24" W a distance of 339.82 feet; thence, N 64°20'53" W a distance of 34.06 feet; thence, N 45°00'36" W a distance of 52.42 feet; thence, N 44°53'41" W a distance of 154.66 feet; thence, N 32°35'48" W a distance of 86.59 feet; thence, N 57°01'32" W a distance of 44.89 feet; thence, N 30°33'12" W a distance of 85.72 feet; thence, N 37°39'02" W a distance of 79.09 feet; thence, N 37°32'30" W a distance of 63.32 feet; thence, N 20°02'15" W a distance of 33.98 feet; thence, N 39°52'25" W a distance of 42.02 feet; thence, N 25°36'04" W a distance of 107.17 feet; thence, N 30°34'08" W a distance of 164.72 feet; thence, N 11°39'01" W a distance of 107.90 feet; thence, N 24°56'06" E a distance of 163.60 feet; thence, N 63°39'33" E a distance of 177.81 feet; thence, N 83°14'43" E a distance of 393.54 feet; thence, N 07°15'26" W a distance of 21.79 feet; thence, N 80°51'11" E a distance of 50.00 feet; thence, N 89°15'06" E a distance of 65.56 feet; thence, N 57°50'04" E a distance of 50.12 feet; thence, S 84°51'15" E a distance of 33.08 feet; thence, S 81°39'50" E a distance of 89.61 feet; thence, N 56°07'00" E a distance of 26.86 feet; thence, N 07°38'31" E a distance of 27.93 feet; thence, N 37°41'57" W a distance of 28.06 feet; thence, N 50°00'15" E a distance of 22.23 feet; thence, N 82°02'30" E a distance of 36.49 feet; thence, S 63°34'38" E a distance of 54.05 feet; thence, S 45°59'58" E a distance of 20.95 feet; thence, S 14°44'20" E a distance of 29.18 feet; thence, S 11°11'17" W a distance of 26.42 feet; thence, S 14°58'41" E a distance of 30.14 feet; thence, S 43°42'10" E a distance of 69.77 feet; thence, S 31°36'59" E a distance of 56.76 feet; thence, S 49°38'46" E a distance of 40.12 feet; thence, S 45°30'55" E a distance of 40.88 feet; thence, S 60°16'38" E a distance of 43.39 feet; thence, S 73°16'24" E a distance of 67.60 feet; A-7 Special Warranty Deed Legal Description of the Property 1111 in WADE. ighl'ailklirNiCHIVINCI Mili 11 11 1 Reception#: 804202 06!22{2011 01:16:21 PM Jean Alberico 13 of 14 Rao Fee:$76.00 Dac Fee:0.00 GARFIELD COUNTY CO thence, S 53°05'15" E a distance of 15.86 feet; thence, S 63°37'30" E a distance of 52.31 feet; thence, S 83°28'21" E a distance of 46.95 feet; thence, N 86°20'27" E a distance of 61.04 feet; thence, N 31°59'09" E a distance of 47.07 feet; thence, N 06°58'38" E a distance of 32.16 feet; thence, N 72°08'07" E a distance of 7.98 feet; thence, S 24°51'03" E a distance of 72.35 feet; thence, S 41°52'47" E a distance of 50.71 feet; thence, S 54°44'21" E a distance of 38.31 feet; thence, S 83039139" E a distance of 87.15 feet; thence, S 57°11'12" E a distance of 77.06 feet; thence, S 41°51'16" E a distance of 88.65 feet; thence, S 57°39'13" E a distance of 65.60 feet; thence, S 49°55'38" E a distance of 74.96 feet; thence, S 61°04'52" E a distance of 43.44 feet; thence, S 71°46'03" E a distance of 55.45 feet; thence, N 09°35'09" W a distance of 59.88 feet; thence, N 65°36'14" W a distance of 60.45 feet; thence, N 49°54'10" W a distance of 64.72 feet; thence, N 49°54'10" W a distance of 86.97 feet; thence, N 48°11'10" W a distance of 54.30 feet; thence, N 56°47'27" W a distance of 123.97 feet; thence, N 83°47'24" W a distance of 93.00 feet; thence, N 29°35'31" W a distance of 119.58 feet; thence, N 78°00'43" W a distance of 33.84 feet; thence, S 79°41'48" W a distance of 37.80 feet; thence, S 22°57'52" W a distance of 56.05 feet; thence, S 59°31'57" W a distance of 45.48 feet; thence, N 82°32'35" W a distance of 28.23 feet; thence, N 59°07'03" W a distance of 95.71 feet; thence, N 71°20'44" W a distance of 85.73 feet; thence, N 36°43'10" W a distance of 93.22 feet; thence, N 25°39'22" W a distance of 181.92 feet; thence, N 65°10'24" W a distance of 98.43 feet; thence, S 85°02'33" W a distance of 52.20 feet; thence, S 56°33'52" W a distance of 39.34 feet; thence, S 20°49'33" W a distance of 42.96 feet; thence, S 37°27'43" E a distance of 21.60 feet; thence, N 77°02'57" W a distance of 89.66 feet; thence, S 70°24'18" W a distance of 70.95 feet; thence, N 88°59'39" W a distance of 55.55 feet; thence, S 84°28'58" W a distance of 49.93 feet; thence, N 14°22'48" E a distance of 68.20 feet; thence, N 05°11'46" W a distance of 77.59 feet; thence, N 18°20'05" E a distance of 10.82 feet; thence, N 22°53'40" E a distance of 44.14 feet; thence, N 10°34'58" E a distance of 35.11 feet; thence, N 08°59'51" E a distance of 47.16 feet; thence, N 03°48'08" E a distance of 36.48 feet; thence, N 04°40'52" E a distance of 71.03 feet; thence, N 07°37'51" E a distance of 54.66 feet; thence, N 29°28'14" W a distance of 63.68 feet; thence, N 32°00'44" W a distance of 61.05 feet; A-8 Special Warranty Deed Legal Description of the Property ■IIlriorK r ' milk% larclipvcri 11 111 Reception#: 804202 06/22/2011 01:16:21 PM Jean Alberico 14 o4 14 Rec Fee:$76.00 Doc Fee:0.00 GARFIELD COUNTY CO thence, N 26°17'29" W a distance of 55.52 feet; thence, N 38°14'36" W a distance of 44.36 feet; thence, N 53°11'32" W a distance of 37.73 feet; thence, N 59°54'48" W a distance of 54.16 feet; thence, N 87°51'35" W a distance of 36.97 feet; thence, N 57°33'47" W a distance of 65.70 feet; thence, N 81°56'22" W a distance of 85.02 feet; thence, N 04°11'29" W a distance of 158.65 feet; thence, N 35°50'41" W a distance of 41.30 feet; thence, N 54°46'03" W a distance of 24.70 feet; thence, N 28°51'45" W a distance of 209.99 feet; thence, N 11°58'37" W a distance of 33.82 feet; thence, N 41°03'46" E a distance of 78.19 feet; thence, N 06°29'01" W a distance of 117.20 feet; thence, N 20°05'27" W a distance of 94.24 feet; thence, N 11°32'03" W a distance of 63.83 feet; thence, N 07°57'46" W a distance of 141.45 feet; thence, N 09°56'14" E a distance of 50.76 feet; thence, N 19°17'44" W a distance of 91.04 feet; thence, N 44°41'59" W a distance of 134.55 feet; thence, N 19°23'49" W a distance of 74.18 feet; thence, N 19°33'06" W a distance of 43.27 feet; thence, N 21°30'01" W a distance of 72.23 feet; thence, departing said Easement line N 00°16'30" E a distance of 217.77 feet; thence, N 00°16'30" E a distance of 312.94 feet; thence, S 89°43'30" E a distance of 1005.44 feet to a point on the westerly right of way line of the Roaring Fork Transit Authority Transportation Corridor Easement, also being the point of beginning. The name and address of the person who created this legal description is: Jeffrey Allen Tuttle, P.L.S. 33638 727 Blake Avenue Glenwood Springs, Colorado 81601. A-9 Special Warranty Deed Legal Description of the Property