HomeMy WebLinkAbout01.044 Grant of Easement Agreement1111 WO It 11%141,11:1,1* hiLIKPFAN.1114 11111
Reception0: 760451
12/22/2005 05.02:12 PM Jean Rlberico
1 of S5 Rea Fee $76 00 Oao Facie 00 GARFIELD COUNTY CO
Recording Requested By:
River Bend Colorado, LLC
Upon Recording Return To:
B. Joseph Krabacher, Esq.
KRABACHER I SANDERS, P.C.
201 N. Mill Street, Suite 201
Aspen CO 81611
GRANT OF EASEMENT AGREEMENT
This G T OF EASE ENT AGREEMENT (the "Agreement") is made and
entered into this day of , 2008, by and between RIVER BEND COLORADO,
LLC, a Delaware limited liability company ( "River Bend") and H LAZY F, LLC, a
Colorado limited liability company ("HLF"), for the purposes recited herein.
This Agreement is made with reference to, and in reliance upon, the following
facts:
A. River Bend is the owner of the real property described in Exhibit A
attached hereto and incorporated herein by reference (the "River Bend Property").
B. HLF is the owner of the real property described in Exhibit B attached
hereto and incorporated herein by reference (the "HLF Property").
C. County Road 167 (the "Public Road") is a public road that currently
provides access and public utility connections to and from Colorado State Highway 82
("Highway 82"), and to and from the real property owned by HLF (the "HLF Property"),
D. River Bend is seeking approval from Garfield County, Colorado (the
"County") to develop the River Bend Property (the "Development") and desires an
easement and other rights with respect to the HLF Property, to provide among other
purposes emergency and shuttle access, and utilities, to and from the River Bend Property
to the Public Road and Highway 82 through the HLF Property.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the adequacy and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Definitions. Capitalized terms herein are defined in the Recitals, which
are incorporated herein by this reference.
Grant of Road and Utility Easement.
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1111 IMPIIIA VVII P1/41t1V4144',PON 0141111rh 5 III
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2.1 HLF grants, bargains, sells and conveys to River Bend, its
successors and assigns forever, a perpetual, nonexclusive easement (the "Road and
Utility Easement") over, above, under and across the HLF Property as generally depicted
in the Preliminary Plat of H Lazy F Subdivision attached as Exhibit C, to be located
twelve (12) feet on each side of the approximate centerline of the road as shown on the
Preliminary Plat of H Lazy F Subdivision attached as Exhibit C and continuing south to
the north boundary of the River Bend Property.
2.2 River Bend may use the Road and Utility Easement for the
following purposes:
(i)
providing emergency and fire vehicular access to and from
the River Bend Property, to and from any Development on the River Bend
Property, or any other property in which River Bend or its affiliates may
subsequently acquire an interest in, whether or not located adjacent or contiguous
with the River Bend Property (the "Benefitted Properties");
(ii) providing access to and from the Benefitted Properties by
shuttle bus or van, which shall mean passenger shuttle buses similar to those in
use by the Roaring Fork Transit Authority or 15 -passenger vans;
(iii) installing and utilizing fire hydrants to serve the Benefitted
Properties and the HLF Property;
(iv) the installation, construction, repair, maintenance,
reconstruction, and operation of roads, public sidewalks, underground utilities,
above ground fire hydrants, landscaping, drainage, or any other improvements
that may be necessary or desirable for River Bend to fully enjoy the benefits of
the grant of the Road and Utility Easement herein; and
(v) the installation of an access gate or other controlled access
mechanism to assure that the access is limited to providing emergency and fire
vehicular access to and from the River Bend Property and providing access to and
from the Benefitted Properties by shuttle bus or van. Said controlled access
mechanism shall be designed to operate in a manner which shall be approved by
HLF prior to the installation thereof, which approval shall not be unreasonably
withheld; shall be designed and installed at the sole expense of River Bend; and
shall he constructed and installed prior to any use of the Easement by shuttle bus
or van.
2.3 The Road and Utility Easement includes the right of River Bend
and its successors and assigns to widen the existing road on the HLF Property to twenty-
four feet in width or as otherwise required to meet County requirements for emergency
and fire vehicular access, and includes use of that portion of the HLF Property reasonably
necessary for temporary construction purposes, staging, and the like, during construction
of any of the Road and Utility Easement improvements, including the rights to use and
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improve any portion of the Public Road through the HLF Property (subject to approvals
from governmental authorities having jurisdiction thereof); provided however, that the
widening of the existing road and the use of the HLF Property for temporary construction
purposes, staging, and the like will be limited to the areas physically available for such
uses without using or intruding onto adjacent private property. River Bend shall be
responsible for maintaining the Road and Utility Easement in good and sightly condition
and for snow removal.
2.4 Notice, Disturbance, Excavation and Restoration. River Bend
shall give notice to HLF of its intent to commence construction upon the Easement
together with final construction documents for approval by HLF at least thirty (30) days
prior to the construction of any improvements, modifications to existing improvements,
or any other earthmoving activities within the Easement. River Bend may not commence
construction without HLF's approval of the final construction documents, which approval
shall not be unreasonably withheld or delayed. Except in cases of emergency or as
approved in advance, access to the Easement shall only be allowed upon reasonable
advance notice to HLF of at least 24 hours, and shall be scheduled at a time that is
reasonably convenient to HLF. River Bend shall obtain any permits which may be
necessary or appropriate prior to performing such work. Any work shall be performed as
expeditiously as possible, with properly licensed and insured professionals with warranty
of the work for a period of not less than two (2) years. Upon completion of such work,
River Bend shall promptly restore, revegetate and regrade any portions of the Easement
affected by such work, including any affected landscaping and any other surface
improvements, to the condition, topography and grade that existed prior to the
commencement of such work and shall bear all costs of such excavation and restoration.
River Bend shall promptly pay for all work performed on behalf of River Bend in the
Easement, and shall not permit the recording of any mechanic's lien against the HLF
Property in connection with such work.
2.5 Construction Standards. River Bend, in exercising its rights under
the Easement granted herein shall: (a) perform all work in a good and workmanlike
manner and in accordance with good construction practices; (b) conduct its activities on
the HLF Property so as not to (i) unreasonably interfere with the use, occupancy or
enjoyment of HLF (other than the Easement), or (ii) unreasonably interfere with the use,
occupancy or enjoyment of the surface use of the HLF roads; (c) comply with all
applicable federal, state and local laws, statutes, ordinances, codes, rules, regulations and
orders; and (d) take such actions as may be necessary to insure the protection and safety
of the HLF Property.
2.6 Effective Date; Binding Effect; Recording. This Grant of
Easement, and the respective rights and obligations of the parties set forth herein, shall be
effective only upon the final approval of the Development by Garfield County, Colorado.
Unless terminated as herein provided, this Agreement shall run with the land and be
binding upon and inure to the benefit of, the parties hereto, their respective heirs,
executors, administrators, successors and assigns. A memorandum of this Agreement in
a form acceptable to both HLF and River Bend may be recorded by River Bend at any
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time after the mutual execution of this Agreement. This Agreement shall only be
recorded simultaneously with the As -Built Easement Description defined in paragraph 4,
hereinbelow. In the event that Garfield County does not grant final approval of the
Development within five (5) years from the date hereof, then, unless extended in a
writing signed by both parties, this Agreement shall terminate. Upon such termination, or
at such earlier time as River Bend determines that the Development will not be approved,
the parties shall execute and record a termination statement which terminates this
Agreement in all respects.
3. Consideration for Grant. As the total consideration for the grant of the
Road and Utility Easement and other rights set forth in this Agreement, River Bend
agrees to construct and install four (4) fire hydrants (the "Fire Hydrants") and a
connecting water transmission line as approved by the Carbondale Fire Department (the
"Fire Department"). The Fire Hydrants will be located at four intersections on the HLF
Property, with the locations to be adjacent to the Road and Utility Easement, and
approved by the Fire Department and as shown on the Preliminary Plat of H Lazy F
Subdivision attached as Exhibit C. In the event that the Fire Department requires more
than four fire hydrants within the HLF property, then River Bend shall be responsible to
construct and install such additional hydrant(s) as required by the Fire Department. River
Bend will also provide access to the Fire Department for the use of the Fire Hydrants.
Upon completion of construction, installation and any required inspections or approvals
of the Fire Hydrants, River Bend will provide a bill of sale to HLF for the Fire Hydrants.
HLF shall also have the right, upon payment of any tap fees or other requirements of the
Roaring Fork Water and Sanitation District, to connect to the water main serving the
River Bend Property
4. As -Built Description of Road and Utility Easement. After construction of
improvements, River Bend will establish a precise legal description for the Road and
Utility Easement ("As -Built Easement Description"), and will record a As -Built
Easement Description. Upon recording, the As -Built Easement Description shall
become the definitive description for the Road and Utility Easement. The As -Built
Easement Description shall reflect the dimensions required to include as actually
constructed, all utility lines, roads, landscaping, sidewalks, fire hydrants, drainage
improvements, or other infrastructure installed by River Bend within the Road and Utility
Easement. Prior to recording the As -Built Easement Description, River Bend shall
deliver a copy thereof to HLF for review. In recording the As -Built Easement
Descriptions, the total land area contained within the Road and Utility Easement granted
herein may be reduced or enlarged and the shape may be changed; provided the As -Built
Easement Description of the Road and Utility Easement is not materially different than
the easement area depicted and described in Exhibits C and D.
5. Cooperation. HLF agrees to reasonably cooperate with River Bend in the
County's consideration of River Bend's land use application, which relies upon the
proposed Road Easement for emergency and fire vehicle access to the Development
using the Easement encumbering the HLF Property. HLF shall take no action to oppose
the land use application(s) of River Bend with regard to the Road Easement and the
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Development. River Bend agrees to reasonably cooperate with HLF in the County's
consideration of HLF's land use application seeking subdivision and planned unit
development approvals of the HLF Property. River Bend shall take no action to oppose
the land use application(s) of HLF with regard to the subdivision and planned unit
development approvals of the HLF Property. This provision shall be separately
enforceable through an action seeking specific performance; the parties recognizing that
an award of damages in such case will not compensate the non -breaching party.
6. Insurance. River Bend, or its successors and assigns, shall acquire and
maintain liability and casualty insurance for the Road and Utility Easement granted
hereby, and any work conducted for improvements, and will name HLF as an additional
insured with respect thereto.
7. Breach/Remedies. In the event of any alleged breach or default hereunder,
the party claiming the alleged breach or default will give written notice to the other party
specifying the alleged breach or default. The other party shall have 30 days within which
to cure any alleged breach or default, or if the alleged breach or default is not reasonably
capable of being cured within such 30 -day period, the other party shall commence to cure
within such 30 -day period and promptly and diligently pursue completion of the cure of
thereafter within no more than 180 days. In the event of an uncured breach or default,
and either party deems it necessary to take legal action to enforce or defend any part of
this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees
and other costs incurred in such action or proceeding, in addition to any other relief to
which such party may be entitled. In any such proceeding, both parties waive their right
to demand a jury trial. The parties agree that injunctive relief may be appropriate in the
event of a breach of this Agreement and that a decree of specific performance may be
granted by the court.
8. Notices, All notices, demands and requests which may be given or which
are required to be given by either party shall be in writing and shall be either hand -
delivered or sent either by United States Mail, certified return receipt requested, postage
prepaid, or by any nationally reputable overnight delivery service, prepaid, or by
confirmed facsimile transmission, addressed to the parties at their addresses set forth
below:
if to RIVER BEND:
With copy to:
Related Westpac, LLC
132 West Main Street, Suite A
Aspen, CO 81611
Facsimile: (970) 920 3384
B. Joseph Krabacher, Esq.
Krabacher 1 Sanders, P.C.
201 North Mill Street, Suite 201
Aspen, CO 81611
Facsimile: (970) 925 1181
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If to HLF:
With copy to:
H Lazy F, LLC
5317 County Road 154
Glenwood Springs CO 81601
Facsimile: (970) c1% -o 500
Larry Green, Esq.
Balcomb & Green, P.C.
818 Colorado Avenue
Glenwood Springs CO 81601
Facsimile: (970) 945 9769
Any party may change its address for purposes of notice by giving notice to the
parties as set forth above.
9. Miscellaneous. This Agreement, the Exhibits hereto and all other
documents to be delivered hereunder or annexed hereto contain the entire agreement
between the Parties relating to the transaction contemplated herein and all other prior or
contemporaneous agreements, understandings, representations and statements, oral or
written, are merged herein. No change, alteration, amendment, modification or waiver of
any of the terms or provisions hereof shall be valid unless the same be in writing and
signed by the Parties. The Parties expressly agree that the terms and conditions hereof
and the subsequent performance hereunder shall be construed in accordance with and
controlled by the laws of the State of Colorado. The Parties expressly acknowledge that
each was represented by legal counsel and that this Agreement and the documents
executed pursuant hereto were executed and delivered after consultation with their
respective legal counsel and after having been advised of their rights. Each Party
represents to all other Parties that it has not dealt with any real estate brokers or any other
brokerage service in connection with this transaction, and each party hereto agrees to
indemnify and hold the other harmless from and against any claims, loss, liability, cost or
damage arising out of any compensation due to any broker with whom such Party may
have dealt. Descriptive headings are for convenience only and shall not control or affect
the meaning or construction of any provision of this Agreement. This Agreement may be
executed in a number of identical counterparts, and a telecopy or facsimile transmission
shall be binding on the party or parties whose signatures appear thereon. If so executed,
each of such counterparts is to be deemed an original for all purposes, and all such
counterparts shall, collectively, constitute one amendment. In the event any one or more
of the provisions contained in this Agreement or in any other instrument referred to
herein shall, for any reason, be held to be invalid, illegal, or unenforceable, such
illegality, invalidity or unenforceability shall not affect any other provisions of this
Agreement. The recitals are incorporated herein by this reference. If any suit or action
shall be instituted to enforce the rights of a party arising under this Agreement, the
prevailing Party shall be entitled to recover from the opposing party reasonable attorneys'
fees, expert witness fees and any other costs. This Agreement has been freely negotiated
by the Parties hereto with the advice and assistance of counsel. Accordingly, this
Agreement shall not be construed more strictly against any party hereto, regardless of
which Party drafted all or part of this Agreement. A determination that any provision
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herein is invalid or unenforceable shall not affect the validity of any of the remaining
provisions or in any way render them unenforceable.
IN WITNESS WHEREOF, the parties hereto have executed this Grant of
Easement Agreement on the day and year first above written.
By:
H LAZY F, LLC,
a Colorado limited liability company
Ric' Broadhurst, Manager
STATE OF COLORADO
COUNTY OF PITKIN
) ss.
Acknowledged, subscribed, and sworn to before me this214 A -day of Oc-l-o6er ,
2008, by Rick Broadhurst as Manager of H LAZY F, LLC, a Colorado limited liability
company
WITNESS my hand and official seal.
My Commission expires: 3/f/0?
vsCom.!��
Notary Public
[Signatures appear on following pages]
MI 94263.130C I) 7
1111 Mc/1177IM NM Mk 11111
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8 of 15 Rec Fee:876.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO
COUNTY OF PITKIN
tb e.r
LLC a Delaware limited liability company.
Witness my hand and official seal.
My commission expires: ( 0 I 2,'7 f I z
RIVER BEND COLORADO, LLC,
a Delaware Limited Liability Company
"Et9`
Name: Patrick IV. Smith
Title: President
) ss:
The foregoing instrument was acknowledged before me this -41t" day of
, 2008, by Patrick N. Smith as President of River Bend Colorado,
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Exhibits
Exhibit A - River Bend Property Legal Description
Exhibit 13 — HLF Property Legal Description
Exhibit C — Road and Utility Easement Map
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EXHIBIT A
(River Bend Property)
PARCEL A:
A TRACT OF LAND SITUATE IN LOTS 4, 6, 7, 8 AND 9 OF SECTION 7,
TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN
AND IN LOT 31 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE
6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO LYING WEST
OF THE WESTERLY RIGHT OF WAY LINE FOR COLORADO STATE HIGHWAY
NO. 82 AND LYING EAST OF THE EASTERLY RIGHT OF WAY LINE FOR THE
SOUTHERN PACIFIC TRANSPORTATION COMPANY RAILROAD (DENVER
AND RIO GRANDE WESTERN RAILROAD) ASPEN BRANCH, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCLNG AT A FOUND GARFIELD COUNTY SURVEYOR BRASS CAP IN
PLACE FOR THE WITNESS CORNER TO THE SOUTH 1/4 CORNER OF SAID
SECTION 7, WHENCE A FOUND GARFIELD COUNTY SURVEYOR BRASS CAP
IN PLACE FOR THE SOUTHEAST CORNER OF SAID SECTION 7 BEARS S 89
DEGREES 29'47" E A DISTANCE OF 2671.90 FEET, WITH ALL BEARINGS
CONTAINED HEREIN BEING RELATIVE THERETO; THENCE N 27 DEGREES
39'24" E A DISTANCE OF 1134.15 FEET TO A POINT ON THE EASTERLY RIGHT
OF WAY LINE FOR THE SOUTHERN PACIFIC TRANSPORTATION COMPANY
RAILROAD ASPEN BRANCH AND THE TRUE POINT OF BEGINNING OF THE
TRACT DESCRIBED HEREIN; THENCE ALONG SAID EASTERLY RIGHT OF
WAY LINE THE FOLLOWING 2 COURSES;
1) 79.82 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST,
HAVING A RADIUS OF 2915.00 FEET AND WHOSE CHORD BEARS N 18
DEGREES 51'48" W A DISTANCE OF 79.82 FEET;
2) N 19 DEGREES 38'52" W A DISTANCE OF 3829.47 FEET TO A POINT ON THE
NORTH LINE OF LOT 31 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89
WEST; THENCE S 89 DEGREES 43'30" E ALONG THE NORTH LINE OF SAID
LOT 31 A DISTANCE OF 100.90 FEET TO THE NORTHEAST CORNER OF SAID
LOT 31; THENCE S 00 DEGREES 10'09" W ALONG THE EAST LINE OF SAID
LOT 31 A DISTANCE OF 64.03 FEET TO THE NORTHWEST CORNER OF LOT 7
OF SECTION 7, TOWNSHIP 7 SOUTH, RANGE 88 WEST; THENCE S 90 DEGREES
00'00" E ALONG THE NORTH LINE OF SAID LOT 7 A DISTANCE OF 673.15
FEET TO A POINT ON THE WESTERLY RIGHT OF WAY FOR COLORADO
STATE HIGHWAY NO. 82; THENCE ALONG SAID WESTERLY RIGHT OF WAY
LINE THE FOLLOWING 9 COURSES;
1) S 35 DEGREES 14'00" E A DISTANCE OF 126.88 FEET;
2) 250.29 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST,
HAVING A RADIUS OF 1840.00 FEET AND WHOSE CHORD BEARS S 28
DEGREES 19'00" E A DISTANCE OF 250.10 FEET;
3) S 11 DEGREES 08'00" E A DISTANCE OF 97.90 FEET;
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4) 346.52 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST,
HAVING A RADIUS OF 1820.00 FEET AND WHOSE CHORD BEARS S 15
DEGREES 58'00" E A DISTANCE OF 346.00 FEET;
5) S 08 DEGREES 52'00" E A DISTANCE OF 313.00 FEET;
6) S 06 DEGREES 01'00" E A DISTANCE OF 700.90 FEET;
7) S 00 DEGREES 18'30" E A DISTANCE OF 201.00 FEET;
8) S 08 DEGREES 53'00" E A DISTANCE OF 200.30 FEET;
9) S 06 DEGREES 01'00" E A DISTANCE OF 1467.90 FEET;
THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE S 90 DEGREES
00'00" W A DISTANCE OF 73.94 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
EXCEPTING FROM THE ABOVE PARCEL:
THE PROPERTY DESCRIBED IN DOCUMENT RECORDED AUGUST 2, 1999 IN
BOOK 1142 AT PAGE 961 AND IN DOCUMENT RECORDED JANUARY 24, 2001
IN BOOK 1228 AT PAGE 600.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL B:
A TRACT OF LAND SITUATE IN LOTS 1, 2, 3, 4, 6, 7 AND 9 OF SECTION 18,
LOTS 3, 4, 7, 8 AND 9 OF SECTION 7, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF
THE SIXTH PRINCIPAL MERIDIAN AND IN LOTS 1, 9, 10, 11, 17, 18 AND 25 OF
SECTION 12, LOT 31 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING
WEST OF THE WESTERLY RIGHT OF WAY LINE FOR THE SOUTHERN
PACIFIC TRANSPORTATION COMPANY RAILROAD (DENVER AND RIO
GRANDE WESTERN RAILROAD) ASPEN BRANCH AND LYING NORTH AND
EAST OF THE CENTERLINE OF THE ROARING FORK RIVER, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND GARFIELD COUNTY SURVEYOR BRASS CAP IN
PLACE FOR THE WITNESS CORNER TO THE SOUTH 1/4 CORNER OF SAID
SECTION 7, WHENCE A FOUND GARFIELD COUNTY SURVEYOR BRASS CAP
IN PLACE FOR THE SOUTHEAST CORNER FOR SAID SECTION 7 BEARS S 89
DEGREES 29'47" E A DISTANCE OF 2671.90 FEET, WITH ALL BEARINGS
CONTAINED HEREIN BEING RELATIVE THERETO; THENCE S 89 DEGREES
29'47" E ALONG THE SOUTH LINE OF SAID SECTION 7 A DISTANCE OF 628.06
FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE FOR THE
SOUTHERN PACIFIC TRANSPORTATION COMPANY RAILROAD (ASPEN
BRANCH) AND TRUE POINT OF BEGINNING FOR THE TRACT DESCRIBED
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HEREIN; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE
FOLLOWING 4 COURSES:
1) S 09 DEGREES 35'10" E A DISTANCE OF 1545.87 FEET;
2) 626.05 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 1482.50 FEET AND WHOSE CHORD
BEARS S 21 DEGREES 41'02" E A DISTANCE OF 621.41 FEET;
3) S 33 DEGREES 46'54" E A DISTANCE OF 387.28 FEET;
4) 294.32 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE
SOUTHWEST, HAVING A RADIUS OF 2815.00 FEET AND WHOSE CHORD
BEARS S 30 DEGREES 47'11" E A DISTANCE OF 294.19 FEET TO A POINT ON
THE CENTERLINE OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 88 WEST;
THENCE N 89 DEGREES 53'16" W A DISTANCE OF 407.83 FEET TO THE
CENTERLINE OF THE ROARING FORK RIVER;
THENCE ALONG THE CENTERLINE OF SAID ROARING FORK RIVER THE
FOLLOWING 15 COURSES:
1) N 47 DEGREES 15'14" W A DISTANCE OF 122.26 FEET;
2) N 57 DEGREES 54'58" W A DISTANCE OF 449. 02 FEET;
3) N 63 DEGREES 52'39" W A DISTANCE OF 388.20 FEET;
4) N 55 DEGREES 41'54" W A DISTANCE OF 196.47 FEET;
5) N 35 DEGREES 45'21" W A DISTANCE OF 225.15 FEET;
6) N 34 DEGREES 06'17" W A DISTANCE OF 318.15 FEET;
7) N 13 DEGREES 37'07" W A DISTANCE OF 255.65 FEET;
8) N 44 DEGREES 39'33" W A DISTANCE OF 175.65 FEET;
9) N 51 DEGREES 46'41" W A DISTANCE OF 662.76 FEET;
10) N 30 DEGREES 48'54" W A DISTANCE OF 163.28 FEET;
11) N 17 DEGREES 46'37" W A DISTANCE OF 173.22 FEET;
12) N 23 DEGREES 25'35" W A DISTANCE OF 153.19 FEET;
13) N 19 DEGREES 31'50" W A DISTANCE OF 246.38 FEET;
14) N 29 DEGREES 13'16" W A DISTANCE OF 615.00 FEET;
15) N 24 DEGREES 10'18" W A DISTANCE OF 142,52 FEET TO A POINT ON THE
WEST LINE OF LOT 18 OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST;
THENCE N 00 DEGREES 04'33" W ALONG THE WEST LINE OF SAID LOT 18 A
DISTANCE OF 323.93 FEET TO THE NORTHWEST CORNER OF SAID LOT 18;
THENCE N 00 DEGREES 21'30" W ALONG THE WEST LINE OF LOT 17 OF SAID
SECTION 12 A DISTANCE OF 553.42 FEET TO THE NORTHWEST CORNER OF
SAID LOT 17; THENCE N 03 DEGREES 09'52" E ALONG THE WEST LINE OF
LOT 11 OF SAID SECTION 12 A DISTANCE OF 741.05 FEET TO THE
NORTHWEST CORNER OF SAID LOT 11; THENCE N 00 DEGREES 24'17" W
ALONG THE WEST LINE OF LOT 10 OF SAID SECTION 12 A DISTANCE OF
1423.80 FEET TO THE NORTHWEST CORNER OF SAID LOT 10; THENCE N 86
DEGREES 35'38" W ALONG THE SOUTH LINE OF LOT 1 OF SAID SECTION 12
AND EXISTING FENCE A DISTANCE OF 86.41 TO THE SOUTHWEST CORNER
OF SAID LOT 1; THENCE N 02 DEGREES 15'08" E ALONG THE WEST LINE OF
SAID LOT 1 AND EXISTING FENCE A DISTANCE OF 482.03 FEET TO THE
NORTHWEST CORNER OF SAID LOT 1; THENCE N 02 DEGREES 15'08" E
ALONG THE WEST LINE OF LOT 31 OF SECTION 1, TOWNSHIP 7 SOUTH,
(00194263.DOC 1 t )12
BO riffilligilittrOltilliOnenr 1I h
Reception#: 760451
12/22/2008 05 02.12 PM Jun Rloarico
13 of 15 Rae Fee476.00 Doc Fee 0.00 GARFIELD COUNTY CO
RANGE 89 WEST AND EXISTING FENCE A DISTANCE OF 75.91 FEET; THENCE
CONTINUING ALONG THE WEST LINE OF SAID LOT 31 AND EXISTING FENCE
N 02 DEGREES 00'23" E A DISTANCE OF 590.77 FEET TO THE NORTHWEST
CORNER OF SAID LOT 31; THENCE S 89 DEGREES 43'30" E ALONG THE
NORTH LINE OF SAID LOT 31 AND EXISTING FENCE A DISTANCE OF 683.95
FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID
SOUTHERN PACIFIC TRANSPORTATION COMPANY RAILROAD (ASPEN
BRANCH); THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE
FOLLOWING 3 COURSES:
1) S 19 DEGREES 38'52" E A DISTANCE OF 3865.72 FEET;
2) 494.33 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST,
HAVING A RADIUS OF 2815.00 FEET AND WHOSE CHORD BEARS S 14
DEGREES 37'01" E A DISTANCE OF 493.70 FEET;
3) S 09 DEGREES 35'10" E A DISTANCE OF 582.43 FEET TO THE POINT OF
BEGINNING.
TOGETHER WITH ALL THAT PROPERTY OF PARCEL B (WHICH PARCEL B IS
MORE PARTICULARLY DESCRIBED IN THAT CERTAIN DEED RECORDED IN
BOOK 51! AT PAGE 103 AS RECEPTION NO. 286181 OF THE GARFIELD
COUNTY, COLORADO, RECORDS) LYING AND BEING ABOVE AND
EASTERLY OF THE CENTERLINE OF THE GLENWOOD DITCH AS NOW
EXISTING AND IN PLACE.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL C:
A TRACT OF LAND SITUATE IN LOT 4 OF SECTION 7, TOWNSHIP 7 SOUTH,
RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY,
COLORADO, LYING WEST OF THE WESTERLY RIGHT OF WAY LINE FOR
COLORADO STATE HIGHWAY NO. 82 AND LYING EAST OF THE EASTERLY
RIGHT OF WAY LINE FOR THE SOUTHERN PACIFIC TRANSPORTATION
COMPANY RAILROAD (DENVER AND RIO GRANDE WESTERN RAILROAD)
ASPEN BRANCH, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND GARFIELD COUNTY SURVEYOR BRASS CAP IN
PLACE FOR THE WITNESS CORNER TO THE SOUTH 1/4 CORNER OF SAID
SECTION 7, WHENCE A FOUND GARFIELD COUNTY SURVEYOR BRASS CAP
IN PLACE FOR THE SOUTHEAST CORNER OF SAID SECTION 7 BEARS S 89
DEGREES 29'47" E A DISTANCE OF 2671.90 FEET, WITH ALL BEARINGS
CONTAINED HEREIN BEING RELATIVE THERETO; THENCE N 33 DEGREES
27'23" E A DISTANCE OF 1032.41 FEET TO A POINT ON THE EASTERLY RIGHT
OF WAY LINE FOR THE SOUTHERN PACIFIC TRANSPORTATION COMPANY
RAILROAD ASPEN BRANCH AND TRUE POINT OF BEGINNING OF THE
TRACT DESCRIBED HEREIN; THENCE LEAVING SAID EASTERLY RIGHT OF
WAY LINE N 90 DEGREES 00'00" E A DISTANCE OF 49.74 FEET TO A POINT ON
(00194263.DOC 1 1113
1111 N�r1 E'iI tt '1 A4Q'I�r�# ��>'ul�h�MLiIsl1� Yi i NI III
Reception#: 760451
12122/2000 05:02.12 PM Jean P1bericc
14 o' 15 Rec Fee $76.00 Doc Fee:0 00 GARFIELD COUNTY CO
THE WESTERLY RIGHT OF WAY LINE FOR COLORADO STATE HIGHWAY NO.
82; THENCE S 06 DEGREES 01'00" E ALONG SAID WESTERLY RIGHT OF WAY
LINE A DISTANCE OF 202.70 FEET; THENCE CONTINUING ALONG SAID
WESTERLY RIGHT OF WAY LINE S 04 DEGREES 34'54" E A DISTANCE OF
260.70 FEET TO A POINT INTERSECTING THE EASTERLY RIGHT OF WAY
LINE OF SAID SOUTHERN PACIFIC TRANSPORTATION COMPANY RAILROAD
ASPEN BRANCH; THENCE N 09 DEGREES 35'10" W ALONG SAID EASTERLY
RIGHT OF WAY LINE A DISTANCE OF 188.14 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 2915.00 FEET;
THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE AND ARC OF SAID
CURVE 282.60 FEET, THE CHORD OF WHICH BEARS N 12 DEGREES 21'48" W A
DISTANCE OF 282.49 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL D.
A TRACT OF LAND SITUATED IN SECTION 7, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE 6TH PRINCIPAL MERIDIAN. SAID TRACT OF LAND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SE CORNER OF SECTION 1, T7S, R 89 W OF THE 6TH
RM. (WITH ALL BEARING CONTAINED HEREIN BEING RELATIVE TO A
BEARING OF N 00 DEGREES 10' 09" E BETWEEN THE SE CORNER AND THE E
1/4 CORNER OF SAID SECTION 1); THENCE N 00 DEGREES 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 DEGREES 10' 09" E 64.03 FEET TO A POINT
IN AN EXISTING FENCE LINE; THENCE LEAVING SAID SECTION LINE S 89
DEGREES 36' 14" E ALONG AN EXISTING FENCE LINE 292.62 FEET; THENCE
CONTINUING ALONG AN EXISTING FENCE LINE S 86 DEGREES 47' 11" E
118.36 FEET; THENCE CONTINUING ALONG SAID FENCE LINE S 30 DEGREES
31' 43" E 64.28 FEET TO A POINT ON SAID NORTHERLY BOUNDARY; THENCE
LEAVING SAID EXISTING FENCE LINE N 90 DEGREES 00' 00" W ALONG SAID
NORTHERLY BOUNDARY 443.63 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
(00194263DOC1 l}14
1111Nrdtrif ilihl 10111 1 11111101112 44 11111
Recept i onfi : 760451
12/2212008 05:02:12 PM Jean Alberica
15 of 15 Roc Fee:$76.00 Doc Fee.0 00 GARFIELO COUNTY CO
EXHIBIT B
(HLF Property)
The real property described in the Warranty Deed dated December 17, 2007 and
recorded December 18, 2007 as Reception No. 739523 of the records of Garfield County,
Colorado.
(00194263 DOC A 1 f 15
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