HomeMy WebLinkAbout02.08 Binder 1 - Section 9•
Title Commitment for Spring Valley Holdings LLC Parcel
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Stewart
.title of colorado
Glenwood Springs Division
1620 Grand Avenue
Glenwood Springs. Colorado 81601
February 15, 2007 Order No.: 20060297-05
Spring Valley Holdings, LLC
Thank you for using Stewart Title!
In connection with the above Order Number, please find attached the following:
TITLE COMMITMENT: X AMENDED COMMITMENT:
This is a "Title Only File"; Stewart Title of Glenwood Springs, Inc. is not providing escrow
services. For escrow/closing questions, please contact your representative.
Please direct all TITLE questions to:
MIKE WOODWARD
Phone: 970-945-5434
E-mail: glenwoodtitleteam@mysureclose.com
Fax: 970-945-7081
Client: Jim Lochhead via JLochhead@BHF-Law.com
PLEASE READ CAREFULLY
1. This is a Commitment to issue one or more policies of title insurance in our Standard
Form when the Requirements set forth in the Commitment have been satisfied.
2. Only the policies shown are committed to. If there are any changes in the transaction,
order an endorsement from us. Stewart Title reserves the right to add and/or delete
Requirements and/or Exceptions accordingly.
3. The effective date shown on Schedule A of this Commitment is important. NOTHING
after that date has been considered by us.
4. This Commitment is good for 6 months only. Extensions should be ordered from us, if
they are needed.
Please do not hesitate to contact us if we can be offirrther service. Thank you.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: January 26, 2007 at 8:00 a.m.
2. Policy or Policies To Be Issued:
(a) A.L.T.A. Owner's (Standard)
Proposed Insured:
To Be Determined
(b) A.L.T.A. Loan (Extended)
To Be Determined, its successors and/or assigns
Order No.: 20060297-05
Amount of Insurance
$ TBD
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in:
SPRING VALLEY HOLDINGS, LLC, A DELAWARE LIMITED LIABILITY COMPANY AS
TO PARCEL 1 (EXCEPTING PARCEL 2 [THE "DIRECTOR'S PARCEL"] WHICH LIES
WITHIN PARCEL 1; SEE VESTING BELOW FOR PARCEL 2)
SPRING VALLEY HOLDINGS, LLC, A DELAWARE LIMITED LIABILITY COMPANY AS TO AN
UNDIVIDED 90% INTEREST IN PARCEL 2 (THE "DIRECTOR'S PARCEL")
5. The land referred to in this Commitment is described as follows:
SEE ATTACHED LEGAL DESCRIPTION
Purported Address:
Glenwood Springs, Colorado
STATEMENT OF CHARGES
These charges are due and payable
before a Policy can be issued:
To Be Determined
STEWART TITLE GUARANTY COMPANY Commitment — Schedule A Order Number: 20060297 -05
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SCHEDULE A
ORDER NUMBER: 20060297-05
LEGAL DESCRIPTION
PARCEL 1
A PARCEL OF LAND LOCATED IN SECTIONS 14, 15, 16, 20, 21, 22, 23, 26, 27, 28, 29, 32, 33,
AND 34, TOWNSHIP 6 SOUTH, RANGE 88 WEST, SIXTH PRINCIPAL MERIDIAN BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 20 BEING A 2 -INCH
ALUMNUM CAP (P.E.L.S. 5933);
THENCE S 88°16'08" E 2627.19 FEET ALONG THE NORTH LINE OF SAID SECTION 20 TO THE
NORTH QUARTER CORNER OF SAID SECTION 20 BENG A 2 -INCH ALUMINUM CAP (P.E.L.S.
5933); THENCE S 88°15'48" E 2625.91 FEET ALONG THE NORTH LINE OF SAID SECTION 20
TO THE NORTHEAST CORNER OF SAID SECTION 20 BEING A 2-1/2 INCH GLO BRASS CAP
FOUND IN PLACE SAID CORNER ALSO BEING ON THE WEST LINE OF SAID SECTION 16;
THENCE N 00°00'14" W 2631.77 FEET ALONG THE WEST LINE OF SAID SECTION 16 TO THE
EAST QUARTER CORNER OF SECTION 17, T. 6 S., R. 88 W., 6TH P.M. BEING A 2-1/2 INCH
GLO BRASS CAP FOUND N PLACE; THENCE N 00°08'04" W 340.70 FEET CONTINUING
• ALONG THE WEST LINE OF SAID SECTION 16 TO THE WEST QUARTER CORNER OF SAID
SECTION 16 BEING A 2-1/2 INCH GLO BRASS CAP FOUND N PLACE; THENCE N 00°01'47" E
1047.99 FEET CONTINUING ALONG THE WEST LINE OF SAID SECTION 16 TO THE
SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 795, PAGE 980 IN THE
OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER; THENCE THE FOLLOWING
THREE COURSES ALONG THE BOUNDARY OF SAID PARCEL DESCRIBED IN BOOK 795,
PAGE 980:
1. THENCE N 89°16'47" E 334.10 FEET; 2. THENCE N 03°35'47" E 252.06 FEET;
3. THENCE N 88°27'52" W 349.87 FEET TO A POINT ON THE WEST LINE OF SAID SECTION
16; THENCE N 00°01'47" E 977.15 FEET ALONG THE WEST LINE OF SAID SECTION 16 TO
THE NORTHEAST CORNER OF SAID SECTION 17 BEING A 2-1/2 INCH GLO BRASS CAP
FOUND N PLACE; THENCE N 00°01'20" W 344.80 FEET CONTINUING ALONG THE WEST
LINE OF SAID SECTION 16 TO THE NORTHWEST CORNER OF SAID SECTION 16 BEING A 2-
1/2 INCH GLO BRASS CAP FOUND IN PLACE; THENCE N 89°57'15" E 2703.26 FEET ALONG
THE NORTH LINE OF SAID SECTION 16 TO THE NORTH QUARTER CORNER OF SAID
SECTION 16 BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN PLACE; THENCE N 89°57'09" E
2637.87 FEET CONTINUING ALONG THE NORTH LINE OF SAID SECTION 16 TO THE
NORTHEAST CORNER OF SAID SECTION 16 BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN
PLACE; THENCE N 89°58'17" E 2638.56 FEET ALONG THE NORTH LINE OF SAID SECTION 15
TO THE NORTH QUARTER CORNER OF SAID SECTION 15 BEING A 2-1/2 INCH GLO BRASS
CAP FOUND IN PLACE; THENCE S 89°59'36" E 1318.31 FEET CONTINUING ALONG THE
NORTH LINE OF SAID SECTION 15 TO THE WEST LINE OF THE NE1/4NE1/4 OF SAID
SECTION 15 BEING A 3 -INCH ALUMINUM CAP (L.S. 15710) FOUND N PLACE WHENCE THE
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NORTHEAST CORNER OF SAID SECTION 15 BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN
PLACE BEARS S 89°59'36" E 1318.31 FEET; THENCE S 00°00'09" E 1312.36 FEET ALONG THE
WEST LINE OF THE NE1/4NE1/4 OF SAID SECTION 15 TO THE SOUTHWEST CORNER OF
THE NE1/4NE1/4 OF SAID SECTION 15 BEING A 3 -INCH ALUMINUM CAP (L.S. 15710) FOUND
STEWART TITLE GUARANTY COMPANY Commitment— Schedule A Order Number: 20060297 -05
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IN PLACE; THENCE N 89°55'46" E 1317.67 FEET ALONG THE SOUTH LINE OF THE •
NE1/4NE1/4 OF SAID SECTION 15 TO THE SOUTHEAST CORNER OF THE NE1/4NE1/4 OF
SAID SECTION 15 BEING A 3 -INCH ALUMINUM CAP (L.S. 15710) FOUND IN PLACE; THENCE
S 89°58'46" E 1320.64 FEET ALONG THE NORTH LINE OF THE SWI/4NW1/4 OF SAID
SECTION 14 TO THE NORTHEAST CORNER OF THE SW 1/4NW 1/4 OF SAID SECTION 14
BEING A 3 -INCH ALUMINUM CAP (L.S. 15710) FOUND IN PLACE; THENCE S 00°01'34" W
1312.94 FEET ALONG THE EAST LINE OF THE SW1/4NW1/4 OF SAID SECTION 14 TO THE
SOUTHEAST CORNER OF THE SW1/4NW1/4 OF SAID SECTION 14 BEING A 2 -INCH
ALUMINUM CAP (P.E.L.S. 5933); THENCE S 00°01'19" E 2647.58 FEET ALONG THE EAST LINE
OF THE W1/2SW1/4 OF SAID SECTION 14 TO THE SOUTHEAST CORNER OF THE W1/2SW1/4
OF SAID SECTION 14 BEING A 2 -INCH ALUMINUM CAP (P.E.L.S. 5933); THENCE S 89°59'40" E
1318.39 FEET ALONG THE NORTH LINE OF SAID SECTION 23 TO THE NORTH QUARTER
CORNER OF SAID SECTION 23 BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN PLACE;
THENCE S 00°05'23" E 5277.46 FEET ALONG THE EAST LINE OF THE W1/2 OF SAID SECTION
23 TO THE SOUTH QUARTER CORNER OF SAID SECTION 23 BEING A 2-1/2 INCH GLO
BRASS CAP FOUND IN PLACE; THENCE S 00°00'49" W 5529.94 FEET ALONG THE EAST LINE
OF THE W1/2 OF SAID SECTION 26 TO THE SOUTH QUARTER CORNER OF SAID SECTION
26 BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN PLACE; THENCE S 84°59'30" W 31.37
FEET ALONG THE SOUTH LINE OF SAID SECTION 26 TO THE NORTH QUARTER CORNER
OF SECTION 35, T. 6 S., R. 88 W., 6TH P.M., BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN
PLACE; THENCE S 84°41'15" W 1292.34 FEET ALONG THE SOUTH LINE OF SAID SECTION 26
TO THE SOUTHEAST CORNER OF LOT 14 OF SAID SECTION 26 BEING A 2 -INCH
ALUMINUM CAP (P.E.L.S. 5933); THENCE N 00°21'37" E 372.49 FEET ALONG THE EAST LINE •
OF SAID LOT 14, SECTION 26 TO THE NORTHEAST CORNER OF SAID LOT 14 BEING A 2 -
INCH ALUMINUM CAP (P.E.L.S. 5933); THENCE N 89°53'31" W 1611.72 FEET ALONG THE
NORTH LINE OF SAID LOT 14 TO THE NORTHWEST CORNER OF SAID LOT 14 BEING A 2 -
INCH ALUMINUM CAP (P.E.L.S. 5933); THENCE S 00°00'14" W 525.17 FEET ALONG THE
WEST LINE OF SAID LOT 14 TO THE SOUTHWEST CORNER OF SAID SECTION 26 BEING A
2-1/2 INCH GLO BRASS CAP FOUND IN PLACE; THENCE N 89°14'59" W 2647.44 FEET ALONG
THE SOUTH LINE OF SAID SECTION 27 TO THE SOUTH QUARTER CORNER OF SAID
SECTION 27 BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN PLACE; THENCE N 89°17'11" W
1319.72 FEET ALONG THE NORTH LINE OF SAID SECTION 34 TO THE NORTHEAST CORNER
OF THE W1/2NW1/4 OF SAID SECTION 34 BEING A 2 -INCH ALUMINUM CAP (P.E.L.S. 5933)
WHENCE THE NORTHWEST CORNER OF SAID SECTION 34 BEING A 2 -1/2 -INCH GLO
BRASS CAP FOUND IN PLACE BEARS N 89°17'11" W 1319.72 FEET; THENCE S 00°05'58" E
2466.04 FEET ALONG THE EAST LINE OF THE W1/2NW1/4 OF SAID SECTION 34 TO THE
SOUTHEAST CORNER OF THE W1/2NW1/4 OF SAID SECTION 34 BEING A 2 -INCH
ALUMINUM CAP (P.E.L.S. 5933); THENCE S 89°51'39" W 1389.27 FEET ALONG THE SOUTH
LINE OF THE W1/2NW1/4 OF SAID SECTION 34 TO THE WEST QUARTER CORNER OF SAID
SECTION 34 BEING A 2 -INCH ALUMINUM CAP (P.E.L.S. 5933); THENCE N 88°27'45" W
2511.99 FEET ALONG THE SOUTH LINE OF THE NE1/4 OF SAID SECTION 33 TO THE
CENTER QUARTER CORNER OF SAID SECTION 33 BEING A 3 INCH ALUMINUM CAP
(COUNTY SURVEYOR) FOUND IN PLACE; THENCE N 88°27'28" W 1112.41 FEET ALONG THE
SOUTH LINE OF LOT 6, OF SAID SECTION 33 TO THE SOUTHWEST CORNER OF SAID LOT 6
BEING A 3 INCH ALUMINUM CAP (COUNTY SURVEYOR) FOUND IN PLACE; THENCE N
01°56'25" E 838.15 FEET ALONG THE WEST LINE OF SAID LOT 6 TO THE SOUTHEAST •
CORNER OF LOT 5 OF SAID SECTION 33 BEING A 3 INCH ALUMINUM CAP (COUNTY
SURVEYOR) FOUND IN PLACE; THENCE N 89°1477" W 1072.10 FEET ALONG THE SOUTH
LINE OF SAID LOT 5 TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF GARFIELD
STEWART TITLE GUARANTY COMPANY Commitment — Schedule A Order Number: 20060297 -05
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• COUNTY ROAD 119; THENCE THE FOLLOWING SEVENTEEN COURSES ALONG THE
NORTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 119:
1. THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 190.00 FEET, AND A CENTRAL ANGLE OF 38°53'15" FOR A DISTANCE ALONG
THE CURVE OF 128.96 FEET; THE CHORD OF SAID CURVE BEARS N 70°21'49" W A
DISTANCE OF 126.50 FEET;
2. THENCE N 89°4827" W 335.07 FEET TO A POINT ON THE WEST LINE OF SAID SECTION
33 WHENCE THE NORTHWEST CORNER OF SAID SECTION 33 BEING A 3 -INCH COUNTY
SURVEYOR'S ALUMINUM CAP FOUND IN PLACE BEARS N 01°14'21" E 1729.72 FEET;
3. THENCE N 89°4827" W 746.63 FEET
4. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 9975.00
FEET, AND A CENTRAL ANGLE OF 01°2323" FOR A DISTANCE ALONG THE CURVE OF
241.95 FEET; THE CHORD OF SAID CURVE BEARS N 89°06'46" W A DISTANCE OF 241.94
FEET;
5. THENCE N 88°25'04" W 886.82 FEET;
6. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 30.00
FEET, AND A CENTRAL ANGLE OF 101°43'17" FOR A DISTANCE ALONG THE CURVE OF
53.26 FEET; THE CHORD OF SAID CURVE BEARS N 37°33'26" W A DISTANCE OF 46.54 FEET;
7. THENCE N 13°18'13" E 1531.48 FEET;
8. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 715.00
FEET, AND A CENTRAL ANGLE OF 15°55'12" FOR A DISTANCE ALONG THE CURVE OF
198.67 FEET; THE CHORD OF SAID CURVE BEARS N 05°20'37" E A DISTANCE OF 198.03 FEET
• TO A POINT ON THE SOUTH LINE OF SAID SECTION 29 WHENCE THE SOUTHEAST
CORNER OF SAID SECTION 29 BEARS S 89°03'23" E 1570.16 FEET;
9. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 715.00
FEET, AND A CENTRAL ANGLE OF 29°0527" FOR A DISTANCE ALONG THE CURVE OF
363.03 FEET; THE CHORD OF SAID CURVE BEARS N 17°09'43" W A DISTANCE OF 359.14
FEET;
10. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1853.11
FEET, AND A CENTRAL ANGLE OF 14°56'46" FOR A DISTANCE ALONG THE CURVE OF
483.40 FEET; THE CHORD OF SAID CURVE BEARS N 39°10'49" W A DISTANCE OF 482.03
FEET;
11. THENCE N 46°39'12" W 512.11 FEET;
12. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 544.29
FEET, AND A CENTRAL ANGLE OF 29°19'12" FOR A DISTANCE ALONG THE CURVE OF
278.53 FEET; THE CHORD OF SAID CURVE BEARS N 61°18'49" W A DISTANCE OF 275.50
FEET;
13. THENCE N 75°58'25" W 274.72 FEET;
14. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 777.56
FEET, AND A CENTRAL ANGLE OF 10°01'45" FOR A DISTANCE ALONG THE CURVE OF
136.11 FEET; THE CHORD OF SAID CURVE BEARS N 70°57'32" W A DISTANCE OF 135.93
FEET;
15. THENCE N 65°56'40" W 288.79 FEET;
16. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVNG A RADIUS OF 934.49
FEET, AND A CENTRAL ANGLE OF 12°43'09" FOR A DISTANCE ALONG THE CURVE OF
• 207.45 FEET; THE CHORD OF SAID CURVE BEARS N 59°35'05" W A DISTANCE OF 207.03
FEET;
17. THENCE N 53°13'30" W 363.38 FEET TO A POINT ON THE WEST LINE OF LOT 26 OF
SAID SECTION 29;
STEWART TITLE GUARANTY COAIP.ANY Commitment - Schedule A Order Number: 20060297 -C
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THENCE N 00°30'27" E 619.90 FEET ALONG THE WEST LINE OF SAID LOT 26 TO THE •
NORTHWEST CORNER OF SAID LOT 26; THENCE N 90°00'00" W 65.41 FEET TO A FENCE
POST WITH A PK-NAIL IN THE TOP AND ACCEPTED AS THE SOUTHWEST CORNER OF LOT
20 OF SAID SECTION 29; THENCE N 00°34'26" E 2165.03 FEET ALONG THE ACCEPTED WEST
LINE OF LOTS 20, 16, AND 8 OF SAID SECTION 29 TO A RED PLASTIC CAP (P.L.S. 27929);
THENCE N 00°32'3Y E 431.30 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND
DESCRIBED IN BOOK 527, PAGE 951 IN THE OFFICE OF THE GARFIELD COUNTY CLERK
AND RECORDER; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL OF
LAND DESCRIBED IN BOOK 527, PAGE 951 S 89°32'20" E 431.36 FEET; THENCE THE
FOLLOWING TWO COURSES ALONG THE SOUTHERLY BOUNDARY OF A PARCEL OF LAND
DESCRIBED IN BOOK 872, PAGE 768 IN THE OFFICE OF THE GARFIELD COUNTY CLERK
AND RECORDER:
1. THENCE S 50°51'48" E 497.50 FEET;
2. THENCE S 57°58'21" E 57.39 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF A
PARCEL OF LAND DESCRIBED IN BOOK 915, PAGE 112 IN THE OFFICE OF THE GARFIELD
COUNTY CLERK AND RECORDER;
THENCE S 57°58'21" E 305.00 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL
OF LAND DESCRIBED IN BOOK 915, PAGE 112;
THENCE S 33°33'03" E 149.53 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF A
PARCEL OF LAND DESCRIBED IN BOOK 621, PAGE 219 IN THE OFFICE OF THE GARFIELD
COUNTY CLERK AND RECORDER;
THENCE S 81°36'23" E 135.95 FEET ALONG THE SOUTHERLY BOUNDARIES OF PARCELS OF
LAND DESCRIBED IN BOOK 621, PAGE 219 AND BOOK 965, PAGE 509 IN THE OFFICE OF •
THE GARFIELD COUNTY CLERK AND RECORDER TO A POINT ON THE BOUNDARY OF
SAID PARCEL OF LAND DESCRIBED IN BOOK 965, PAGE 509; THENCE THE FOLLOWING
THREE COURSES ALONG THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL
DESCRIBED IN BOOK 965, PAGE 509:
1. THENCE S 81°42'23" E 302.25 FEET;
2. THENCE N 05°12'20" E 149.94 FEET;
3. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 55.23
FEET, AND A CENTRAL ANGLE OF 40°33'24" FOR A DISTANCE ALONG THE CURVE OF 39.09
FEET; THE CHORD OF SAID CURVE BEARS N 25°28'41" E A DISTANCE OF 38.28 FEET TO A
POINT ON THE SOUTHERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN BOOK 808,
PAGE 803 IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER; THENCE
THE FOLLOWING THREE COURSES ALONG THE EASTERLY BOUNDARY OF SAID PARCEL
DESCRIBED IN BOOK 808, PAGE 803:
1. THENCE S 81°42'37" E 123.19 FEET;
2. THENCE N 21°00'23" W 820.84 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION
20 WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 20 BEING A 2-INCH
ALUMINUM CAP (P.E.L.S. 5933) BEARS N 88°32'13" W 248.98 FEET;
3. THENCE N 21°00'23" W 137.24 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY
OF GARFIELD COUNTY ROAD 115;
THENCE THE FOLLOWING TWO COURSES ALONG THE NORTHERLY RIGHT-OF-WAY OF
SAID COUNTY ROAD 115:
1. THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 5288.82 FEET, AND A CENTRAL ANGLE OF 02°43'04" FOR A DISTANCE ALONG
THE CURVE OF 250.87 FEET; THE CHORD OF SAID CURVE BEARS N 73°59'48" W A •
DISTANCE OF 250.84 FEET;
2. THENCE N 72°38'16" W 1244.87 FEET TO A POINT ON THE ACCEPTED EAST LINE OF LOT
4 OF SAID SECTION 20 WHENCE THE SOUTHEAST CORNER OF A PARCEL OF LAND
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RECORDED UNDER RECEPTION NUMBER 467225 IN THE OFFICE OF THE GARFIELD
COUNTY CLERK AND RECORDER BEING A 2 -INCH ALUMINUM CAP (P.E.L.S. 5933) AND
ACCEPTED AS A POINT ON THE EAST LINE OF SAID LOT 4 BEARS S 01°51'02" W 9.41 FEET;
THENCE N 01°51'02" E 490.79 FEET ALONG THE ACCEPTED EAST LINE OF SAID LOT 4 TO
THE NORTHEAST CORNER OF SAID LOT 4 BEING A 2 -INCH ALUMINUM CAP (P.E.L.S. 5933);
THENCE N 88°18'52" W 1429.59 FEET ALONG THE NORTH LINE OF SAID LOT 4 AND LOT 3
OF SAID SECTION 20 TO THE NORTHWEST CORNER OF SAID LOT 3 BEING A 2 -INCH
ALUMINUM CAP (P.E.L.S. 5933) WHENCE THE SOUTHWEST CORNER OF SAID LOT 20
BEING A 2-1/2 INCH ALUMINUM CAP (P.L.S. 27929) FOUND IN PLACE BEARS S 00°06'31" E
1008.11 FEET; THENCE N 00°06'31" W 1630.93 FEET ALONG THE WEST LINE OF SAID
SECTION 20 TO THE WEST QUARTER CORNER OF SAID SECTION 20 BEING A 2 -INCH
ALUMINUM CAP (P.E.L.S. 5933); THENCE N 00°04'12" E 2632.88 FEET ALONG THE WEST
LINE OF SAID SECTION 20 TO THE NORTHWEST CORNER OF SAID SECTION 20 BEING THE
POINT OF BEGINNING
EXCEPTING THE FOLLOWING FIVE PARCELS:
1) MIDDLE EXCEPTION PARCEL
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 29 AND THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 88 WEST, OF THE SIXTH
• PRINCIPAL MERIDIAN, SAID PARCEL BEING FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID SECTION 29 WHENCE THE
NORTHEAST CORNER OF SECTION 29 BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN
PLACE BEARS N 01°09'28" E 1250.72 FEET THENCE S 01°09'28" W 346.32 FEET ALONG THE
EAST LINE OF SAID SECTION 29 TO A POINT ON THE NORTHERLY LINE OF A PARCEL OF
LAND DESCRIBED IN BOOK 495, PAGE 596 IN THE OFFICE OF THE GARFIELD COUNTY
CLERK AND RECORDER, WHENCE THE WEST QUARTER CORNER OF SAID SECTION 28
BEING A 3 INCH ALUMINUM CAP (COUNTY SURVEYOR) BEARS S 01°09'28" E 987.24 FEET;
THENCE S 88°09'03" E 557.11 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL OF
LAND DESCRIBED IN BOOK 495, PAGE 596 TO A POINT ON THE SOUTHERLY RIGHT-OF-
WAY LINE OF GARFIELD COUNTY ROAD 115; THENCE ALONG THE ARC OF A NON -
TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 826.12 FEET, AND A CENTRAL
ANGLE OF 17°50'11" FORA DISTANCE ALONG THE CURVE OF 257.17 FEET; THE CHORD OF
SAID CURVE BEARS S 64°0T08" E A DISTANCE OF 256.14 FEET ALONG THE SOUTHERLY
RIGHT-OF-WAY OF SAID COUNTY ROAD 115; THENCE S 73°02'14" E 43.18 FEET
CONTINUING ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 115
TO A POINT IN THE EASTERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 495,
PAGE 596; THENCE S 00°01'52" W 114.31 FEET ALONG THE EASTERLY BOUNDARY OF SAID
PARCEL OF LAND DESCRIBED IN BOOK 495, PAGE 596 TO THE SOUTHEAST CORNER OF
SAID PARCEL OF LAND DESCRIBED IN BOOK 495, PAGE 596;
THENCE THE FOLLOWING FOUR COURSES ALONG THE SOUTHERLY BOUNDARY OF SAID
PARCEL OF LAND DESCRIBED IN BOOK 495, PAGE 596:
1. THENCE N 89°58'08" W 327.05 FEET;
• 2. THENCE S 54°10'41" W 185.54 FEET;
3. THENCE N 42°16'19" W 154.20 FEET;
4. THENCE S 59°30'35" W 216.33 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF
LAND DESCRIBED IN BOOK 988, PAGE 802 IN THE OFFICE OF THE GARFIELD COUNTY
CLERK AND RECORDER;
STEWART TITLE GUARANTY COMPANY Commitment — Schedule A Order Number: 20060297 -05
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THENCE THE FOLLOWING SIX COURSES AROUND THE EASTERLY, NORTHERLY, AND
SOUTHERLY BOUNDARIES OF SAID PARCEL OF LAND DESCRIBED IN BOOK 988, PAGE 802:
1. THENCE S 13°45'40" E 111.74 FEET;
2. THENCE S 89°58'08" E 101.60 FEET;
3. THENCE S 00°01'52" W 69.06 FEET;
4. THENCE S 88°4878" E 25.57 FEET;
5. THENCE S 00°3T24" E 148.37 FEET;
6. THENCE S 14°45'31" E 57.78 FEET;
THENCE S 58°03'40" W 625.36 FEET ALONG THE SOUTHERLY BOUNDARIES OF PARCELS
OF LAND DESCRIBED IN BOOK 988, PAGE 802 AND BOOK 736, PAGE 345 IN THE OFFICE OF
THE GARFIELD COUNTY CLERK AND RECORDER TO A POINT ON THE SOUTHERLY
BOUNDARY OF SAID PARCEL OF LAND DESCRIBED IN BOOK 736, PAGE 345; THENCE
ALONG THE SOUTHERLY AND WESTERLY BOUNDARIES OF SAID PARCEL OF LAND
DESCRIBED IN BOOK 736, PAGE 345 THE FOLLOWING FIVE COURSES:
1. THENCE N 74°53'28" W 35.87 FEET;
2. THENCE N 66°59'35" W 380.19 FEET:
3. THENCE N 50°53'55" W 27.02 FEET;
4. THENCE N 25°54'08" W 19.09 FEET;
5. THENCE N 05°08'09" W 580.16 FEET TO A POINT ON THE WESTERLY BOUNDARY OF A
PARCEL OF LAND DESCRIBED IN BOOK 886, PAGE 329 IN THE OFFICE OF THE GARFIELD
COUNTY CLERK AND RECORDER; THENCE ALONG THE WESTERLY AND NORTHERLY
BOUNDARIES OF SAID PARCEL OF LAND DESCRIBED IN BOOK 886, PAGE 329 THE
FOLLOWING THREE COURSES:
1. THENCE N 05°36'42" W 538.91 FEET
2. THENCE N 04°18'35" W 374.95 FEET;
3. THENCE N 82°5272" E 323.76 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF SAID GARFIELD COUNTY ROAD 115;
THENCE ALONG THE SAID RIGHT-OF-WAY LINE THE FOLLOWING THREE COURSES:
1. THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 993.47 FEET, AND A CENTRAL ANGLE OF 03°01'08" FOR A DISTANCE ALONG
THE CURVE OF 52.35 FEET; THE CHORD OF SAID CURVE BEARS S 34°41'10" E A DISTANCE
OF 52.34 FEET;
2. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 480.00
FEET, AND A CENTRAL ANGLE OF 36°06'40" FOR A DISTANCE ALONG THE CURVE OF
302.52 FEET; THE CHORD OF SAID CURVE BEARS S 54°15'04" E A DISTANCE OF 297.54
FEET;
3. THENCE S 72°18'24" E 273.90 FEET TO THE POINT OF BEGINNING
2) EAST EXCEPTION PARCEL
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 88 WEST, OF
THE SIXTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 28 BEING A 2 -INCH
ALUMINUM CAP (P.E.L.S. 5933); THENCE N 88°33'15" W 1084.24 FEET ALONG THE SOUTH
LINE OF SECTION 28 TO A POINT ON THE WESTERLY BOUNDARY OF A PARCEL OF LAND
DESCRIBED IN BOOK 938, PAGE 691 IN THE OFFICE OF THE GARFIELD COUNTY CLERK
AND RECORDER; WHENCE THE SOUTHWEST CORNER OF SECTION 28 BEING A 3 INCH
STEWART TITLE GUARANTY COMPANY Commitment - Schedule A Order Ntnnber: 20060297 -05
Page 6 of 12
•
•
• COUNTY SURVEYOR ALUMINUM CAP FOUND N PLACE BEARS S 88°33'15" E 1495.74 FEET;
THENCE N 01°00'28" E 2568.63 FEET ALONG THE WESTERLY BOUNDARY OF SAID PARCEL
OF LAND DESCRIBED IN BOOK 938, PAGE 691 TO A POINT ON THE WESTERLY BOUNDARY
OF A PARCEL OF LAND DESCRIBED IN BOOK 638, PAGE 941 IN THE OFFICE OF THE
GARFIELD COUNTY CLERK AND RECORDER; THENCE N 01°01'12" E 691.65 FEET ALONG
THE WESTERLY BOUNDARY OF SAID PARCEL OF LAND DESCRIBED N BOOK 638, PAGE
941 TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD
115; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 115
THE FOLLOWING SEVEN COURSES:
1. ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
594.56 FEET, AND A CENTRAL ANGLE OF 41°58'28" FOR A DISTANCE ALONG THE CURVE
OF 435.57 FEET; THE CHORD OF SAID CURVE BEARS S 43°10'12" E A DISTANCE OF 425.90
FEET;
2. THENCE S 22°10'58" E 307.62 FEET;
3. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1421.75
FEET, AND A CENTRAL ANGLE OF 15°49'57" FOR A DISTANCE ALONG THE CURVE OF
392.87 FEET; THE CHORD OF SAID CURVE BEARS S 30°05'57" E A DISTANCE OF 391.63
FEET;
4. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 370.00
FEET, AND A CENTRAL ANGLE OF 32°43'14" FOR A DISTANCE ALONG THE CURVE OF
211.30 FEET; THE CHORD OF SAID CURVE BEARS S 21°39'19" E A DISTANCE OF 208.44
FEET;
• 5. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2437.42
FEET, AND A CENTRAL ANGLE OF 28°42'24" FOR A DISTANCE ALONG THE CURVE OF
1221.22 FEET; THE CHORD OF SAID CURVE BEARS S 19°38'54" E A DISTANCE OF 1208.48
FEET;
6. THENCE S 34°00'06" E 1152.91 FEET;
7. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 430.00
FEET, AND A CENTRAL ANGLE OF 23°03'17" FOR A DISTANCE ALONG THE CURVE OF
173.02 FEET; THE CHORD OF SAID CURVE BEARS S 45°31'45" E A DISTANCE OF 171.86 FEET
TO A PONT ON THE SOUTH LINE OF SECTION 28; WHENCE THE SOUTHEAST CORNER OF
SECTION 28 BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN PLACE BEARS S 86°11'17" E
1745.44 FEET;
THENCE N 86°11'17" W 829.99 FEET ALONG THE SOUTH LINE OF SECTION 28 TO THE
POINT OF BEGINNING
3) SECTION 15 EXCEPTION PARCEL
LEGAL DESCRIPTION
A PARCEL OF LAND BEING THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 15, TOWNSHIP 6 SOUTH RANGE 88 WEST, OF THE SIXTH PRNCIPAL
MERIDIAN, SAID PARCEL BEING FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 15 BEING A 2-1/2 INCH
•GLO BRASS CAP FOUND N PLACE, THENCE N 89°51'07" E 1323.59 FEET ALONG THE
NORTH LINE OF THE NW 1/4SW 1/4 OF SAID SECTION 15 TO THE NORTHEAST CORNER OF
THE NW 1/4SW 1/4 OF SAID SECTION 15; THENCE S 00°01'49" E 1540.50 FEET ALONG THE
EAST LINE OF THE NW1/4SW1/4 OF SAID SECTION 15 TO THE SOUTHEAST CORNER OF
THE NW1/4SWI/4: THENCE S 89°58'25" W 1323.59 FEET ALONG THE SOUTH LINE OF THE
STEWART TITLE GUARANTY COMP .NY Commitment - Schedule A Order Number: 20060297 -05
Page 7 of 12
NW 1/4SW 1/4 OF SAID SECTION 15 TO THE SOUTHWEST CORNER OF THE NW 1/4SW 1/4 OF
SAID SECTION 15; WHENCE THE SOUTHWEST CORNER OF SAID SECTION 15 BEING A 2-1/2
INCH GLO BRASS CAP FOUND IN PLACE BEARS S 00°01'49" E 1537.70 FEET; THENCE N
00°01'49" W 1537.70 FEET ALONG THE WEST LINE OF THE NW 1/4SW 1/4 OF SAID SECTION
15 TO THE NORTHWEST CORNER OF THE NW1/4SW1/4 OF SAID SECTION 15 BEING THE
POINT OF BEGINNING
4) GARFIELD COUNTY ROAD 115 EXCEPTION PARCEL
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN SECTIONS 20, 29, 28, 33, AND 34, TOWNSHIP 6 SOUTH,
RANGE 88 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL BEING A 60 FOOT
WIDE RIGHT-OF-WAY EXTENDING THIRTY FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE FOR GARFIELD COUNTY ROAD 115, SAID CENTERLINE BEING
FURTHER DESCRIBED AS FOLLOWS:
•
BEGINNING AT A POINT FROM WHENCE THE SOUTHWEST CORNER OF SAID SECTION 20
BEARS S89°59'26"W A DISTANCE OF 2853.70 FEET, SAID SECTION CORNER BEING A 2-1/2
INCH ALUMINUM CAP FOUND IN PLACE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5318.82 FEET,
AND A CENTRAL ANGLE OF 04°16'52" FOR A DISTANCE ALONG THE CURVE OF 397.42
FEET; THE CHORD OF SAID CURVE BEARS S 77°43'40" E A DISTANCE OF 397.32 FEET; •
THENCE S 79°52'05" E 121.04 FEET TO A POINT ALONG THE SECTION LINE COMMON TO
SAID SECTIONS 20 AND 29 FROM WHENCE THE QUARTER CORNER COMMON TO SAID
SECTIONS 20 AND 29 BEING A 2 -INCH ALUMINUM CAP BEARS N88°32'13"W 720.55 FEET;
THENCE S 79°52'05" E 331.86 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 900.00 FEET, AND A CENTRAL ANGLE OF 20°29'08" FOR A DISTANCE
ALONG THE CURVE OF 321.79 FEET; THE CHORD OF SAID CURVE BEARS S 69°37'31" E A
DISTANCE OF 320.08 FEET; THENCE S 59°22'57" E 217.30 FEET; THENCE ALONG THE ARC
OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1081.34 FEET, AND A CENTRAL ANGLE
OF 35°38'00" FOR A DISTANCE ALONG THE CURVE OF 672.50 FEET; THE CHORD OF SAID
CURVE BEARS S 41°33'57" E A DISTANCE OF 661.72 FEET; THENCE S 23°44'57" E 73.66 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 963.47 FEET,
AND A CENTRAL ANGLE OF 12°26'47" FOR A DISTANCE ALONG THE CURVE OF 209.29
FEET; THE CHORD OF SAID CURVE BEARS S 29°58'21" E A DISTANCE OF 208.88 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 450.00 FEET,
AND A CENTRAL ANGLE OF 36°06'40" FOR A DISTANCE ALONG THE CURVE OF 283.62
FEET; THE CHORD OF SAID CURVE BEARS S 54°15'04" E A DISTANCE OF 278.95 FEET;
THENCE S 72°18'24" E 264.99 FEET TO A POINT ALONG THE SECTION LINE COMMON TO
SAID SECTIONS 28 AND 29 FROM WHENCE THE NORTHEAST CORNER OF SAID SECTION
29 BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN PLACE BEARS N01°09'28"E 1219.42 FEET;
THENCE S 72°18'24" E 167.61 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 377.41 FEET, AND A CENTRAL ANGLE OF 25°33'14" FOR A DISTANCE
ALONG THE CURVE OF 168.32 FEET; THE CHORD OF SAID CURVE BEARS S 59°31'47" E A
DISTANCE OF 166.93 FEET; THENCE S 46°45'10" E 235.64 FEET; THENCE ALONG THE ARC •
OF A CURVE TO THE LEFT HAVING A RADIUS OF 796.12 FEET, AND A CENTRAL ANGLE OF
26°17'03" FOR A DISTANCE ALONG THE CURVE OF 365.22 FEET; THE CHORD OF SAID
CURVE BEARS S 59°53'42" E A DISTANCE OF 362.02 FEET; THENCE S 73°02'14" E 636.67
FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 624.56
STEWART TITLE GUARANTY COMPANY Commitment - Schedule A Order Number: 20060297 -05
Page 8 of 12
•
FEET, AND A CENTRAL ANGLE OF 50°51'15" FOR A DISTANCE ALONG THE CURVE OF
554.35 FEET; THE CHORD OF SAID CURVE BEARS S 47°36'36" E A DISTANCE OF 536.33
FEET; THENCE S 22°10'58" E 307.62 FEET; THENCE ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 1391.75 FEET, AND A CENTRAL ANGLE OF 15°49'57" FOR A
DISTANCE ALONG THE CURVE OF 384.58 FEET; THE CHORD OF SAID CURVE BEARS S
30°05'57" E A DISTANCE OF 383.36 FEET; THENCE ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 400.00 FEET, AND A CENTRAL ANGLE OF 32°43'14" FOR A
DISTANCE ALONG THE CURVE OF 228.43 FEET; THE CHORD OF SAID CURVE BEARS S
21°39'19" E A DISTANCE OF 225.34 FEET; THENCE ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 2407.42 FEET, AND A CENTRAL ANGLE OF 28°42'24" FOR A
DISTANCE ALONG THE CURVE OF 1206.18 FEET; THE CHORD OF SAID CURVE BEARS S
19°38'54" E A DISTANCE OF 1193.61 FEET; THENCE S 34°00'06" E 1152.91 FEET; THENCE
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET, AND A
CENTRAL ANGLE OF 25°53'l 1" FOR A DISTANCE ALONG THE CURVE OF 180.72 FEET; THE
CHORD OF SAID CURVE BEARS S 46°56'42" E A DISTANCE OF 179.19 FEET; THENCE S
59°53'17" E 38.40 FEET TO A POINT ALONG THE SECTION LINE COMMON TO SAID
SECTIONS 28 AND 33 FROM WHENCE THE QUARTER CORNER COMMON TO SAID
SECTIONS 28 AND 33 BEING A 2 -NCH ALUMINUM CAP BEARS N86°11' 17"W 896.52 FEET;
THENCE S 59°53'17" E 421.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 779.79 FEET, AND A CENTRAL ANGLE OF 35°42'49" FOR A DISTANCE
ALONG THE CURVE OF 486.06 FEET; THE CHORD OF SAID CURVE BEARS S 42°01'52" E A
DISTANCE OF 478.23 FEET; THENCE S 24°10'27" E 644.62 FEET; THENCE ALONG THE ARC
• OF A CURVE TO THE RIGHT HAVING A RADIUS OF 882.82 FEET, AND A CENTRAL ANGLE
OF 26°58'38" FOR A DISTANCE ALONG THE CURVE OF 415.67 FEET; THE CHORD OF SAID
CURVE BEARS S 10°41'09" E A DISTANCE OF 411.84 FEET; THENCE S 02°48'10" W 238.01
FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 729.53
FEET, AND A CENTRAL ANGLE OF 37°41'54" FOR A DISTANCE ALONG THE CURVE OF
480.00 FEET; THE CHORD OF SAID CURVE BEARS S 16°02'47" E A DISTANCE OF 471.39
FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00
FEET, AND A CENTRAL ANGLE OF 53°37'43" FOR A DISTANCE ALONG THE CURVE OF
187.20 FEET; THE CHORD OF SAID CURVE BEARS S 61°42'35" E A DISTANCE OF 180.44
FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2171.07
FEET, AND A CENTRAL ANGLE OF 08°19'31" FOR A DISTANCE ALONG THE CURVE OF
315.47 FEET; THE CHORD OF SAID CURVE BEARS N 87°18'48" E A DISTANCE OF 315.19 FEET
TO A PONT ALONG THE SECTION LINE COMMON TO SAID SECTIONS 33 AND 34 FROM
WHENCE THE NORTHEAST CORNER OF SAID SECTION 33 BEING A 2-1/2 INCH GLO BRASS
CAP FOUND IN PLACE BEARS N01°30'32"E 2209.86 FEET; THENCE ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 2171.07 FEET, AND A CENTRAL ANGLE OF
15°20'11" FORA DISTANCE ALONG THE CURVE OF 581.13 FEET; THE CHORD OF SAID
CURVE BEARS N 75°28'57" E A DISTANCE OF 579.40 FEET; THENCE ALONG THE ARC OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 280.00 FEET, AND A CENTRAL ANGLE OF
55°26'50" FOR A DISTANCE ALONG THE CURVE OF 270.97 FEET; THE CHORD OF SAID
CURVE BEARS S 84°27'44" E A DISTANCE OF 260.52 FEET; THENCE S 56°44'19" E 393.81
FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 669.07
FEET, AND A CENTRAL ANGLE OF 21°39'21" FOR A DISTANCE ALONG THE CURVE OF
• 252.89 FEET; THE CHORD OF SAID CURVE BEARS S 67°34'00" E A DISTANCE OF 251.38 FEET
FROM WHENCE THE SAID NORTHEAST CORNER OF SECTION 33 BEARS N28°52'13"W
2741.66 FEET;
STEWART TITLE GUARANTY COMPANY Commitment - Schedule A Order Number: 20060297 -05
Page 9 of 12
SUCH PARCEL BEING A 60 FOOT RIGHT-OF-WAY (30 FEET ON EACH SIDE OF THE ABOVE
DESCRIBED CENTERLINE)
THE RIGHT-OF-WAY LINES OF SAID RIGHT-OF-WAY SHALL BE PROLONGED OR
SHORTENED TO BEGIN AND END ON AND CONFORM TO THE PROPERTY BOUNDARY
LINES.
5) GARFIELD COUNTY ROAD 114 EXCEPTION PARCEL LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP
6 SOUTH, RANGE 88 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL BEING
THE RIGHT-OF-WAY FOR GARFIELD COUNTY ROAD 114 AND THE INTERSECTION OF
GARFIELD COUNTY ROAD 114 WITH GARFIELD COUNTY ROAD 115, SAID PARCEL BEING
FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERN LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 33 WHENCE THE EAST QUARTER CORNER FOR SAID SECTION 33 BEING A 2 -
INCH ALUMINUM CAP BEARS S 88°27'45" E 551.40 FEET SAID POINT ALSO BEING A POINT
ON THE EASTERLY RIGHT-OF-WAY OF GARFIELD COUNTY ROAD 114; THENCE N 88°27'45"
W 77.11 FEET ALONG SAID SOUTHERN LINE OF THE NORTHEAST QUARTER TO A POINT
ON THE WESTERLY BOUNDARY OF SAID COUNTY ROAD 114, WHENCE THE CENTER
QUARTER FOR SAID SECTION 33 BEING A 2 -1/2 -INCH ALUMINUM CAP FOUND IN PLACE
BEARS N 88°27'45" W 1883.48 FEET;
THENCE THE FOLLOWING TWO COURSES ALONG THE WESTERLY RIGHT-OF-WAY OF
SAID COUNTY ROAD 114:
1. N 40°27'03" E 99.05 FEET;
2. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 270.00
FEET, AND A CENTRAL ANGLE OF 69°20'35" FOR A DISTANCE ALONG THE CURVE OF
326.77 FEET; THE CHORD OF SAID CURVE BEARS N 05°46'46" E A DISTANCE OF 307.19 FEET
TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF GARFIELD COUNTY ROAD 115;
THENCE THE FOLLOWING THREE COURSES ALONG THE SOUTHERN RIGHT-OF-WAY OF
COUNTY ROAD 115:
1. ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF
759.53 FEET, AND A CENTRAL ANGLE OF 06°00'12" FOR A DISTANCE ALONG THE CURVE
OF 79.58 FEET; THE CHORD OF SAID CURVE BEARS S 31°53'38" E A DISTANCE OF 79.55
FEET;
2. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 230.00
FEET, AND A CENTRAL ANGLE OF 53°37'43" FOR A DISTANCE ALONG THE CURVE OF
215.28 FEET; THE CHORD OF SAID CURVE BEARS S 61°42'35" E A DISTANCE OF 207.51
FEET;
3. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2201.07
FEET, AND A CENTRAL ANGLE OF 03°41'58" FOR A DISTANCE ALONG THE CURVE OF
142.12 FEET; THE CHORD OF SAID CURVE BEARS N 89°37'34" E A DISTANCE OF 142.09 FEET
TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF GARFIELD COUNTY ROAD 114;
THENCE THE FOLLOWING TWO COURSES ALONG THE EASTERLY RIGHT-OF-WAY OF
COUNTY ROAD 114:
1. ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF
470.00 FEET, AND A CENTRAL ANGLE OF 47°19'32" FOR A DISTANCE ALONG THE CURVE
OF 388.21 FEET; THE CHORD OF SAID CURVE BEARS S 64°06'49" W A DISTANCE OF 377.27
FEET;
STEWART TITLE GUARANTY COMPANY Commitment — Schedule A Order Number: 20060297 -05
Page 10 of 12
•
•
•
• 2. THENCE S 40°27'03" W 70.18 FEET TO THE POINT OF BEGINNING
•
•
THE RIGHT-OF-WAY LINES OF SAID RIGHT-OF-WAY SHALL BE PROLONGED OR
SHORTENED TO BEGIN AND END ON AND CONFORM TO THE PROPERTY BOUNDARY
LINES.
PARCEL 2 (THE "DIRECTOR'S PARCEL"):
A PARCEL OF LAND WITHIN SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE
6TH PRINCIPAL MERIDIAN AND BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE TRUE POINT OF BEGINNING, WHENCE THE CENTER OF SECTION
33, BEING A 2 -1/2 -INCH ALUMINUM CAP, BEARS N 88°27'45" W A DISTANCE OF 123.09 FEET;
THENCE N 00°00'00" E A DISTANCE OF 1398.31 FEET; THENCE S 90°00'00" E A DISTANCE OF
942.50 FEET; THENCE S 00°04'09" E A DISTANCE OF 680.56 FEET; THENCE S 34°36'11" E A
DISTANCE OF 919.80 FEET TO A PONT ON THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33; THENCE N 88°27'45" W A
DISTANCE OF 333.30 FEET ALONG THE SAID SOUTH LINE TO THE CENTER EAST
SIXTEENTH CORNER OF SAID SECTION 33 BEING A 2 -1/2 -INCH ALUMINUM CAP; THENCE
N 88°27'45" W A DISTANCE OF 1132.90 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33 TO THE POINT OF
BEGINNING
COUNTY OF GARFIELD
STATE OF COLORADO
STEWART TITLE GUARANTY COMPANY Commitment - Schedule A Order Number: 20060297 -05
Page 1 I of 12
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B — Section I
REQUIREMENTS
Order Number: 20060297-05
NOTE: Effective September 1, 1997, CRS 30-1-406 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 inch. The Clerk and Recorder may
refuse to record or file any document that does not conform.
The following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and/or the mortgage to be
insured.
(b) Pay us the premiums, fees and charges for the policy.
(c) Documents satisfactory to us creating the interest in the land and/or the mortgage
to be insured must be signed, delivered and recorded.
(d)You must tell us in writing the name of anyone not referred to in this Commitment
who will get an interest in the land or who will make a loan on the land. We may then
make additional requirements or exceptions.
(e) The following additional requirements must also be met:
1. Execution of Affidavit as to Debts and Liens, which is attached or will be provided at closing.
2. Payment of all taxes and assessments currently due and payable, if any.
3. Recordation of a Statement of Authority for SPRING VALLEY HOLDINGS, LLC, A
DELAWARE LIMITED LIABILITY COMPANY. (Form available from Stewart Title)
4. Release by the Public Trustee of Garfield County of the Deed of Trust from SPRING VALLEY
HOLDINGS, LLC, a Delaware limited liability company for the use of BANK OF AMERICA, N.A.
dated NOVEMBER 18; 2005, recorded NOVEMBER 21, 2005, in Book 1747 at Page 378 as Reception
No. 686805.
NOTE: Assignment of Leases and Rents and Other Income (Garfield County, Colorado) recorded
November 21, 2005 in Book 1747 at Page 427 as Reception No. 686806.
5. Deed from vested owner, vesting fee simple title in purchaser(s).
6. Deed of Tntst from the Borrower to the Public Trustee for the use of the proposed lender to secure the
loan.
STEWART TITLE GUARANTY COMPANY
Commitment — Schedule B I
Page 1 of I
Order Number: 20060297-05
•
•
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B — Section II
EXCEPTIONS
Order Number: 20060297-05
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. 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, or any facts,
which a correct survey and inspection of the premises would disclose, and which are 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 laws 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.
6. Unpatented mining claims, reservations or exceptions in patents, or an act authorizing the
issuance thereof; water rights, claims or title to water.
7. Any and all unpaid taxes and assessments and any unredeemed tax sales.
8. The effect of inclusions in any of the following district authorities: Garfield County - Social Service; Garfield
County - Capital Expend; Garfield County -Road and Bridge; Colorado Mountain College; School District RE -
1; Colorado River Water Conservancy; Basalt Water Conservancy; Spring Valley. Sanitation; Garfield County.
9. Farm and Pasture Lease dated January 1, 2003 by and among Spring Valley Development, Inc., Spring Valley
Holdings, USA, Ltd., and Nieslanik Ranch, LLC.
10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded as follows:
DATE RECORDED BOOK PAGE RECEPTION NO.
August 8, 1896 12 430 19517
April 11, 1923 112 388 82446
March 26, 1965 364 486 229186
September 8, 1896 12 435 19569
September 1, 1906 56 557 32339
•June 2, 1916 71 606 54279
and as shown on the ALTA/ACSM Land Title Survey of Spring Valley Ranch P.U.D. by Gamba & Associates,
Order Number: 20060297-05
Commitment — Schedule B 11
Page 1 of 7
Inc., dated November 15, 2005, by Michael J. Gamba, P.E. & P.L.S. No. 28036.
11. Right of way for ditches or
Patent recorded as follow s:
DATE RECORDED
August 8, 1896
December 7, 1912
April 11, 1923
February 28, 1926
October 31, 1939
February 26, 1952
February 26, 1952
February 26, 1952
February 26, 1952
February 26, 1952
February 26, 1952
March 3, 1952
March 3, 1952
March 3, 1952
March 26, 1965
September 8, 1896
September 1, 1906
June 2, 1916
April 7, 1923
May 20, 1940
February- 26, 1952
February 26, 1952
February 26, 1952
February 26, 1952
February 26, 1952
AND AS SHOWN ON THE ALTAJACSM Land Title Survey of Spring Valley Ranch P.U.D. by Gamba &
Associates, Inc., dated November 15, 2005, by Michael J. Gamba, P.E. & P.L.S. No. 28036.
canals constructed by the authority of the United States, as reserved in United States
BOOK PAGE
12 430
71 582
112 388
112 435
194 590
263 234
263 235
263 236
263 237
263 238
263 240
263 271
263 276
263 272
364 486
12 435
56 557
71 606
112 558
194 617
263 231
263 233
263 239
263 241
263 232
RECEPTION NO.
19517
45724
82446
94056
137373
178630
178631
178632
178633
178634
178636
178688
178689
178690
229186
19569
32339
54279
82381
139733
178627
178629
178635
178637
178628
12. All rights under an application by the Glenwood High Line Railway Company, approved November 9, 1893
under Act of March 3, 1875, being an application for right of way, as reserved in United States Patent recorded
December 7, 1912 in Book 71 at Page 582 as Reception No. 45724 and as shown on the ALTA/ACSM Land
Title Survey of Spring Valley Ranch P.U.D. by Gamba & Associates, Inc., dated November 15, 2005, by
Michael J. Gamba, P.E. & P.L.S. No. 28036.
13. Conveyance from the U.S. to Scott C. Hopkins, excepting and excluding that tract of land described and included
in Power Site Reserve No. 542 created by Executive Order of August 25, 1916, under the Act of Congress
approved June 25, 1910 (36 Stat. 847d) as reserved in United States Patent recorded April 11, 1923 in Book 112
at Page 388 as Reception No. 82446.
14. Excepting and reserving, however, to the U.S. all the coal and other minerals in the lands so entered and patented,
together with the right to prospect for, mine and remove the same pursuant to the Act of December 29, 1916 (39
Stat. 862) as reserved in United States Patent recorded October 31, 1939 in Book 194 at Page 590 as Reception
No. 137373 AND AS SHOWN ON THE ALTA/ACSM Land Title Survey of Spring Valley Ranch P.U.D. by
Gamba & Associates, Inc., dated November 15, 2005, by Michael J. Gamba, P.E. & P.L.S. No. 28036.
15. Excepting and reserving, however, to the U.S. all the coal and other minerals in the lands so entered and patented,
Order Number: 20060297-05
Commitment - Schedule B 11
Page2of7
together with the right to prospect for, mine, and remove the same pursuant to the Act of December 29, 1916 (39
Stat. 862) as reserved in United States Patent recorded February 26. 1962 in Book 263 at Page 232 as Reception
No. 178628 and as shown on the ALTA/ACSM Land Title Survey of Spring Valley Ranch P.U.D. by Gamba &
• Associates, Inc., dated November 15, 2005, by Michael J. Gamba, P.E. & P.L.S. No. 28036.
16. Reservation unto the U.S., its permitee or licensee, the right to enter upon, occupy and use, am part or all of that
portion of the NE 1/4NE 1/4 of Section 28, lying with in 50 ft. of the centerline of the transmission line right of
way of the Central Colorado Power Company for the purposes provided in the Act of June 10, 1920 (41 Stat.
1063), and subject to the conditions and limitations of Section 24 of said Act as reserved in United States Patent
recorded February 26, 1952 in Book 263 at Page 235 as Reception No. 178631 AND AS SHOWN ON THE
ALTA/ACSM Land Title Survey of Spring Valley Ranch P.U.D. by Gamba & Associates, Inc., dated November
15, 2005, by Michael J. Gamba, P.E. & P.L.S. No. 28036
•
17. Excepting and reserving, however, to the U.S., all the coal and other minerals in the lands so entered and
patented, together with the right to prospect for, mine and remove the same pursuant to the Act of December 29,
1916 (39 Stat. 862) as reserved in United States Patent recorded February 26, 1952 in Book 263 at Page 236 as
Reception No. 178632 AND AS SHOWN ON THE ALTA/ACSM Land Title Survey of Spring Valley Ranch
P.U.D. by Gamba & Associates, Inc., dated November 15, 2005, by Michael J. Gamba, P.E. & P.L.S. No.
28036.
18. Reservation unto the U.S., its permitee or licensee, the right to enter upon, occupy and use, any part or all of that
portion of the E 1/2NW 1/4 and the NE 1/4SW 1/4 of Section 21 for the purposes provided in the Act of June 10,
1920 (41 Stat. 1063), and subject to the conditions and limitations of Sec. 24 of said Act, as reserved in United
States Patent recorded February 26, 1952 in Book 263 at Page 237 as Reception No. 178633 AND AS SHOWN
ON THE ALTA/ACSM Land Title Survey of Spring Valley Ranch P.U.D. by Gamba & Associates, Inc., dated
November 15, 2005, by Michael J. Gamba, P.E. & P.L.S. No. 28036.
19. Excepting and reserving, however, to the U.S. all the coal and other minerals in the lands so entered and patented,
together with the right to prospect for, mine and remove the same pursuant to the Act of December 29, 1916 (39
Stat. 862) and reservation unto the U.S., its permitee or licensee, the right to enter upon, occupy and use, any
part or all of that portion of the W 1/2SW 1/4 of Sec. 27, Lot 1 of Sec. 21 and the NW 1 /4NE 1/4 of Sec. 17, lying
within 50 ft. of the centerline of the transmission line right of way of the Colo. Power Company for the purposes
provided in the Act of June 10, 1920 (41 Stat. 1063), and subject to the conditions and limitations of Sec. 24 of
said Act as amended by the Act of August 26, 1935 (49 Stat. 846) as reserved in United States Patent recorded
February 26, 1952 in Book 263 at Page 238 as Reception No. 178634 AND AS SHOWN ON THE
ALTA/ACSM Land Title Survey of Spring Valley Ranch P.U.D. by Gamba & Associates, Inc., dated November
15, 2005, by Michael J. Gamba, P.E. & P.L.S. No. 28036.
20. Reservation unto the U.S., its permitee or licensee, the right to enter upon, occupy and use, any part or all of that
portion of the SE 1/4NE1/4 of Sec. 28 lying within 50 ft. of the centerline of the transmission line right of way of
the Central Colorado Power Co. for the purposes provided in the Act of June 10, 1920 (41 Stat 1063) and
subject to the conditions and limitations of Sec. 24 of said Act as reserved in United States Patent recorded
February 26, 1952 in Book 263 at page 240 as Reception No. 178636 AND AS SHOWN ON THE
ALTA/ACSM Land Title Survey of Spring Valley Ranch P.U.D. by Gamba & Associates, Inc., dated November
15, 2005, by Michael J. Gamba, P.E. & P.L.S. No. 28036.
21. Reservation unto the U.S., its permitee or licensee, the right to enter upon, occupy and use, any part or all of that
portion of the Lots 3 and 4 of Sec. 16, lying within 50 ft. of the centerline of the transmission line right of way of
the Central Colorado Power Company for the purposes provided in the Act of June 10, 1920 (41 Stat. 1063) and
subject to the conditions and limitations of Sec. 24 of said Act as reserved in United States Patent recorded
Commitment -Schedule B I1
Page3of7
Order Number: 20060297-05
March 3, 1952 in Book 263 at Page 276 as Reception No. 178689. AND AS SHOWN ON THE ALTA/ACSM
Land Title Survey of Spring Valley Ranch P.U.D. by Gamba & Associates, Inc., November 15, 2005, by
Michael J. Gamba, P.E. & P.L.S. No. 28036.
22. Excepting and reserving, however, to the U.S. all the coal and other minerals in the lands so entered and patented,
together with the right to prospect for, mine, and remove the same pursuant to the Act of December 29, 1916 (39
Stat. 862) as reserved in United States Patent recorded March 3, 1952 in Book 263 at Page 272 as Reception
No. 178690 AND AS SHOWN ON THE ALTA/ACSM Land Title Survey of Spring Valley Ranch P.U.D. by
Gamba & Associates, Inc., dated November 15, 2005, by Michael J. Gamba, P.E. & P.L.S. No. 28036.
23. Thirty foot Right of Way for private use, extending from the residence by Quit Claim Deed from John W.
Hopkins, Raymond C. Hopkins and Bernard A. Hopkins to Margaret K. Hopkins recorded July 5, 1951, in Book
259 at Page 190 as Reception No. 176573.
24. Affidavit from the Public Service Company of Colorado, purported owner of easements for electric transmission
lines and telephone and telegraph lines, recorded March 9, 1959 in Book 315 at Page 525 as Reception No.
204592.
25. Excepting an easement and right-of-way over and across existing roadways for purposes of ingress and egress,
together with any and all grazing rights and privileges as disclosed in Deed recorded June 24, 1965 in Book 367
at Page 185 as Reception No. 230466 and in Deed recorded June 24, 1965 in Book 367 at Page 188 as
Reception No. 230467.
•
26. Excepting and reserving, however, to the U.S. all the coal and other minerals in the lands so entered and patented,
together with the right to prospect for, mine, and remove the same pursuant to the Act of December 29, 1916 (39
Stat. 862) as reserved in United States Patent recorded May 20, 1940 in Book 194 at Page 617 as Reception No. •
139733 AND AS SHOWN ON THE ALTA/ACSM Land Title Survey of Spring Valley Ranch P.U.D. by
Gamba & Associates, Inc., dated November 15, 2005, by Michael J. Gamba, P.E. & P.L.S. No. 28036.
27. Excepting and reserving, however, to the U.S. all the coal and other minerals in the lands so entered and patented,
together with the right to prospect for, mine, and remove the same pursuant to the Act of December 29, 1916 (39
Stat. 862) as reserved in United States patent recorded February 26, 1952 in Book 263 at Page 231 as Reception
No. 178627 AND AS SHOWN ON THE ALTA/ACSM Land Title Survey of Spring Valley Ranch P.U.D. by
Gamba & Associates, Inc., dated November 15, 2005, by Michael J. Gamba, P.E. & P.L.S. No. 28036.
28. Excepting and reserving, however, to the U.S. all the coal and other minerals in the lands so entered and patented,
together with the right to prospect for, mine, and remove the same pursuant to the Act of December 29, 1916 (39
Stat. 862) as reserved in United States Patent recorded February 26, 1952 in Book 263 at Page 239 as Reception
No. 178635 AND AS SHOWN ON THE ALTA/ACSM Land Title Survey of Spring Valley Ranch P.U.D. by
Gamba & Associates, Inc., dated November 15, 2005, by Michael J. Gamba, P.E. & P.L.S. No. 28036.
29. Reservation of a non-exclusive easement and right-of-way for roadway access as disclosed in Warranty Deed
recorded April 19, 1977 in Book 495 at Page 593 as Reception No. 277986.
30. A non-exclusive easement and right-of-way for roadway access purposes; together with a covenant running with
the title to a certain parcel of land that grantors covenant and agree that they will not erect or construct any
residential or commercial building structures upon a certain parcel more particularly described in following
recited Special Warranty Deed; all as disclosed in Special Warranty Deed recorded April 19, 1977 in Book 495
at Page 596 as Reception No. 277987.
Order Number: 20060297-05
Commitment — Schedule B II
Page4of7
•
31. Twenty-four foot or fifteen foot easements for roadway access, pipelines, and utilities as granted in the following
Deeds:
RECEPTION NO BOOK PAGE RECORDING DATE
281051 501 393 October 4, 1977
281052 501 395 October 4, 1977
281588 502 387 November 2, 1977
281622 502 467 November 3, 1977
282773 504 751 January 6, 1978
32. Resolutions by the Board of County Commissioners of Garfield County:
RESOLUTION # RECEPTION NO. BOOK PAGE Recording Date
80-248 308660 558 439 October 24, 1980
84-126 353974 652 840 July 12, 1984
84-127 353975 652 842 July 12, 1984
87-106 386620 722 745 October 13, 1987
94-135 471850 924 728 December 6, 1994
94-141 472056 925 340 December 13, 1994
2000-95 572999 1220 159 December 1, 2000
2002-07 595731 1321 72 January 15, 2002
2003-98 642016 1543 420 December 2, 2003
2003-99 642017 1543 430 December 2, 2003
2005-83 686066 1743 888 November 8, 2005
2005-84 686067 1743 894 November 8, 2005
•
33. Right -of -Way and twenty foot wide easement together with right to clear all trees and brush, by machine work or
otherwise, within said easement, and the further right to cut trees, even though outside of said easement, which
are tall enough to strike the wires in falling and agreement that all poles, wire and other facilities installed by
Grantee shall remain the property of Grantee, and shall be removable at the option of Grantee as disclosed by
Holy Cross Electric Association, Inc. Right -of -Way Easement recorded November 19, 1984 in Book 660 at Page
166 as Reception No. 357370.
34. Terms, agreements, provisions, conditions and obligations of Easement Agreements recorded as follows and as
shown on the ALTA/ACSM Land Title Survey of Spring Valley Ranch P.U.D. by Gamba & Associates, Inc.,
dated November 15, 2005, by Michael J. Gamba, P.E. & P.L.S. No. 28036:
A) Thirty foot roadway easement from Hopkins Ranch Ltd. to Spring Valley Holding USA Recorded September
10, 1993 in Book 875 at Page 126 as Reception No. 452323 and re-recorded January 13, 1994 in Book 889 at
Page 681 as Reception No. 457969.
B) Thirty foot roadway easement from Spring Valley Holding USA, Ltd. To Hopkins Ranch, Ltd. recorded
September 10, 1993 in Book 875 at Page 129 as Reception No. 452324 and re-recorded February 2, 1994 in
Book 891 at Page 668 as Reception No. 458816.
35. Easements granting perpetual easements for the transmission, distribution, or both, of electricity and for the
transmission of communication signals on, over, under and across the described premises together with full rights
of entry to, among other activities, exercise authority to cut, remove, trim or otherwise control all trees, brush,
and other growth on or overhanging said premises and restrictions as disclosed by Easement recorded July 15,
1994 IN Book 908 at Page 836 as Reception No. 465897 and as shown on the ALTA/ACSM Land Title Survey
of Spring Valley Ranch P.U.D. by Gamba & Associates, Inc., dated November 15, 2005, by Michael J. Gamba,
• P.E. & P.L.S. No. 28036.
Order Number: 20060297-05
Commitment — Schedule B II
Page 5 of 7
36. Memorandum of Agreement on Boundary Line among F. Peter Simmons, Dorothy M. Simmons and Spring
Valley Ranch recorded April 26, 1995 in Book 938 at Page 691 as Reception No. 477245.
37. Twenty foot easement for road and utility purposes as disclosed in Warranty Deed recorded October 9, 1967 in •
Book 388 at Page 331 as Reception No. 239151 and as shown on the ALTA/ACSM Land Title Survey of Spring
Valley Ranch P.U.D. by Gamba & Associates, Inc., dated November 15, 2005, by Michael J. Gamba, P.E. &
P.L.S. No. 28036.
38. Utility Relocation Agreement for electrical transmission lines recorded September 08, 1998 in Book 1087 at
Page 614 as Reception No. 531850.
39. Perpetual easement for the transmission, distribution, or both, of electricity and for the transmission of
communication signals on, over, under and across the described premises together with full rights of entry to,
among other activities, exercise authority to cut, remove, trim or otherwise control all trees, brush, and other
growth on or overhanging said premises and restrictions as disclosed by Public Service Company of Colorado
Easement for recorded September 29, 1998 in Book 1090 at Page 657 as Reception No. 532924.
40. Director's Parcel Agreement recorded June 4, 2002 in Book 1360 at Page 460 as Reception No. 604722; and
Corrected Director's Parcel Agreement recorded June 6, 2002 in Book 1361 at Page 102 as Reception No.
604872.
41. Pre -inclusion and Wastewater Treatment Plant Development Agreement recorded August 30, 2001 in Book 1282
at Page 8 as Reception No. 587475.
42. Sixty foot wide access and utility easement together with obligations as disclosed by Easement Agreement
recorded January 18, 2002 in Book 1322 at Page 335 as Reception No. 596026 and as shown on the
ALTA/ACSM Land Title Survey of Spring Valley Ranch P.U.D. by Gamba & Associates, Inc., dated November •
15, 2005 by Michael J. Gamba, P.E. & P.L.S. No. 28036.
43. Excepting and reserving, however, to the U.S. all the coal and other minerals in the lands so entered and patented,
together with the right to prospect for, mine and remove the same pursuant to the Act of December 29, 1916 (39
Stat. 862) as reserved in United States Patent recorded February 26, 1952 in Book 263 at Page 236 as Reception
No. 178632.
44. Excepting and reserving, however, to the U.S. all the coal and other minerals in the lands so entered and patented,
together with the right to prospect for, mine, and remove the same pursuant to the Act of December 29, 1916 (39
Stat. 862) as reserved in United States Patent recorded May 20, 1940 in Book 194 at Page 617 as Reception No.
139733.
45. Excepting and reserving, however, to the U.S. all the coal and other minerals in the lands so entered and patented,
together with the right to prospect for, mine, and remove the same pursuant to the Act of December 29, 1916 (39
Stat. 862) as reserved in United States patent recorded February 26, 1952 in Book 263 at Page 231 as Reception
No. 178627.
46. Adverse matters disclosed on the ALTAJACSM Land Title Survey of Spring Valley Ranch P.U.D. by Gamba &
Associates, Inc., dated November 15, 2005 by Michael J. Gamba, P.E. & P.L.S. No. 28036:
(1) Hopkins Reservoir;
(2) Landis Creek Road easement and right-of-way;
(3) survey notes;
(4) ditches;
Order Number: 20060297-05
Commitment — Schedule 1311
Page 6 of 7
•
(5) possessory rights associated with fences;
(6) house and garage encroachment and corresponding Deed overlap from the East Exception Parcel;
(7) underground water line (in Section 29);
• (8) overhead electric lines and utility poles;
(9) roads;
(10) utilities
•
•
Commitment — Schedule B II
Page7of7
Order Number: 20060297-05
DISCLOSURES
Pursuant to C.R.S. 10-11-122, notice is hereby given that:
A. THE SUBJECT REAL PROPERTY MAY BE LOCATED 1N A SPECIAL TAXING DISTRICT;
B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED
FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT;
C. 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: 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 Stewart Title of Colorado - Glenwood Springs Division 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 Lender's Title 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, Section 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",
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen 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 unfiled Mechanic's and
Materialmen'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.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY
OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
•
STEW ART TITLE GUARANTY COMPANY File Number: 20060297-05
Disclosures
• MINERAL DISCLOSURE
•
Order No: 20060297-05
To comply with the provisions of C.R.S. 10-11-123, the Company makes the following
disclosure:
(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: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION II OF THE
TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED
MINERALS, LEASING, OR OTHER CONVEYANCE THEREOF.
STEWART TITLE GUARANTY COMPANY File Number: 20060297-05
Mineral Disclosure
Rev. 07;2001
PRIVACY POLICY NOTICE
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
STEWART TITLE GUARANTY COMPANY and STEWART TITLE OF COLORADO -
GLENWOOD SPRINGS DIVISION.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or
others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real
estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers non affiliated
companies that perform services on our behalf.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need
to know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information. Some states give you the right to access and correct
nonpublic personal information. You may contact us in writing at our Home Office, if your state
law gives you this right.
Revised 6/05
•
Title Commitment for Atlantic Gulf Communities Parcel
•
•
•
•
•
CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public
Records" means title records that give constructive notice of matters affecting your title -
according to the state statutes where your land is located.
2. LATER DEFECTS
The Exceptions in Schedule B - Section II may be amended to show any defects, liens or
encumbrances that appear for the first time in the public records or are created or attach
between the Commitment Date and the date on which all of the Requirements (a) and (c) of
Schedule B - Section I are met. We shall have no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in
Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show
these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4
below unless you knew of this information and did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you
have met its Requirements. If we have any liability to you for any loss you incur because
of an error in this Commitment, our liability will be limited to your actual loss caused by
your relying on this Commitment when you acted in good faith to:
Comply with the Requirements shown in Schedule B - Section I
or
Eliminate with our written consent any Exceptions shown in Schedule B - Section II.
We shall not be liable for more than the Policy Amount shown in Schedule A of this
Commitment and our liability is subject to the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning
the title to the land must be based on this Commitment and is subject to its terms.
INFORMATION
The Title Insurance Commitment is a legal contract between you and the Company. It is issued
to show the basis on which we will issue a Title Insurance Policy to you. The Policy will
insure you against certain risks to the land title, subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask. The Commitment is based
on the land title as of the Commitment Date. Any changes in the land title or the transaction
may affect the Commitment and the Policy. The Commitment is subject to its Requirements,
Exceptions and Conditions.
American Land Title Association Commitment - 1982
TITLE INSURANCE COMMITMENT BY
STEWART TITLE
GUARANTY COLIPANY
AGREEMENT TO ISSUE POLICY
We agree to issue policy to you according to the terms of the Commitment. When we show the policy
amount and your name as the porposed insured in Schedule A, this Commitment becomes effective as of
the Commitment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the Commit-
ment Date, our obligations under this Commitment will end. Also, our obligation under this Commitment
will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligations under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B -I.
The Exceptions in Schedule B -TI.
The Conditions on Page 2.
This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B.
This Commitment is not an abstract, examination, report or representation of fact or title and does not
create and shall not be the basis of any claim for negligence, negligent misrepresentation or other tort
claim or action. The sole liability of Company and its title insurance agent shall arise under and be
governed by the Conditions of the Commitment.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers on the date shown in Schedule A.
STEWART TITLE
GUARANTY COMPANY
SLE.GUq�
05°44 S
it
—* l`c0 { x
'N-. 1908 •o-
Cha i rtnan of the Boa
Countersigned:
Authorized Countersignature
STEWART TITLE OF GLENWOOD SPRINGS, INC.
P.O. Box 430
Glenwood Springs, Colorado 81601
(970) 934-5434
AventID #06051A
Order No. 888-C3
•
•
•
February 15, 2007
STEWART TITLE OF GLENWOOD SPRINGS, INC.
1620 GRAND AVENUE
GLENWOOD SPRINGS, CO 81601
(970) 945-5434
FAX NO. - (970) 945-7081
ORDER NO. 888-C3
RE: 0 UP LANDIS CREEK
ATLANTIC GULF COMMUNITIES CORPORATION/
Thank you For using Stewart Title!
In connection with the above Order Number, please find attached the following:
TITLE COMMITMENT X AMENDED COMMITMENT ENDORSEMENT
Please direct all CLOSING questions to: TITLE ONLY FILE
Please direct all TITLE questions to:
MIKE WOODWARD
Phone: 970-945-5434
e-mail: mike.woodward@stewart.com
Client: JIM LOCHHEAD VIA E-MAIL JLochhead@BHF-Law.com
PLEASE READ CAREFULLY
1. This is a Commitment to issue one or more policies of title insurance in
our Standard Form when the requirements set forth in the Commitment have
been satisfied.
2. Only the policies shown are committed to. If there are any changes in
the transaction, order an endorsement from us. Stewart Title reserves
the right to add and/or delete requirements and/or exceptions accordingly.
3. The date on this Commitment is important. NOTHING after that date has
been considered by us.
4. This commitment is good for 6 months only. Extensions should be ordered
from us if they are needed.
SCHEDULE A
Order Number: 888-C3
1. Effective date: January 26, 2007 at 8:00 A.M.
2. Policy or Policies to be issued:
(a) A. L.T.A. Owner's (Ext ended)
Proposed Insured:
TO BE DETERMINED
(b) A. L. T. A. Loan
(Extended)
Proposed Insured:
TO BE DETERMINED, ITS SUCCESSORS AND/OR ASSIGNS
(c) Leasehold
Proposed Insured:
Amount of Insurance
$ TBD
$ TBD
3. The estate or interest in the land described or referred to in this Commitment and covered herein is
fee simple
4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in:
ATLANTIC GULF COMMUNITIES CORPORATION
5. The land referred to in this Commitment is described as follows:
SEE ATTACHED LEGAL DESCRIPTION
Purported Address:
0 UP LANDIS CREEK
GLENWOOD SPRINGS, CO 81601
STATEMENT OF CHARGES
These charges are due and payable before a
Policy can be issued.
TO BE DETERMINED
•
•
Order Number: 888-C3
SCHEDULE A
LEGAL DESCRIPTION
THE NW1/4NW1/4, SECTION 14, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE
SIXTH PRINCIPAL MERIDIAN
COUNTY OF GARFIELD
STATE OF COLORADO
•
•
Order Number: 888-C3
SCHEDULE B
Section 1
REQUIREMENTS
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record, to wit:
1. Execution of Affidavit as to Debts and Liens, which is attached or will be
provided at closing.
2. Payment of all taxes and assessments currently due and payable, if any.
3. The Company requires for its review the Survey dated September 2, 1999 by
Jerome Gamba & Associates as Job No. 98711-17 as disclosed by Warranty Deed
recorded October 4, 1999 in Book 1153 at Page 508 as Reception No. 553103, or a
survey, meeting the minimum detail standards of the ALTA/ACSM, prepared by a
registered Colorado surveyor, within the last six months, must be presented to
Stewart Title Guaranty Company, for its approval prior to the deletion of any
survey exceptions from the ALTA Loan or Owner Policy to be issued hereunder or
the issuance of Form 100 on the ALTA Loan Policy, or in the event a previous
Survey or I.L.C. has been presented to Stewart Title of Glenwood Springs, an
Owners Affidavit is to be executed by the owner(s), in lieu of an Improvement
Location Certificate and/or Survey.
Stewart Title Guaranty reserves the right to take exception to any adverse
matters as shown on said survey or make further inquiry or requirements
relative thereto. Stewart Title Guaranty further reserves the right to exclude
from Form 100 coverage any adverse matters it may deem necessary.
4. The Company requires for its review a copy of the articles of incorporation and
bylaws, a satisfactory resolution of the Board of Directors authorizing the
proposed transaction, Shareholders Resolution where applicable, and a Good
Standing Certificate evidencing that the corporation is in good standing in the
state of its incorporation. At the time the Company is furnished these items,
the Company may make additional requirements or exceptions. (SELLER REQUIREMENT)
5. The Company requires for review copies of petition with schedules, and docket
sheet, and (i) satisfactory final nonappealable order from the bankruptcy court
authorizing the proposed transaction in the bankruptcy proceedings of ATLANTIC
GULF COMMUNITIES CORPORATION or (ii) a satisfactory affidavit and other
evidence for review showing that ATLANTIC GULF COMMUNITIES CORPORATION is not
the debtor named in the bankruptcy proceedings. At the time the Company is
furnished these items, the Company may make additional requirements or
exceptions.
6. Release by the Public Trustee of Garfield County of the Deed of Trust from
ATLANTIC GULF COMMUNITIES CORPORATION for the use of WAYNE RUDD to secure
$650,000.00 dated OCTOBER 1, 1999, and recorded OCTOBER 4, 1999, in Book 1153
Continued on next page
-1-
•
Continuation of Schedule B - Section 1
Order Number: 888-C3
•
at Page 513 as Reception No. 553105.
7. Deed from vested owner, vesting fee simple title in purchaser(s).
8. Deed of Trust from the Borrower to the Public Trustee for the use of the
proposed lender to secure the loan.
NOTE: Effective September 1, 1997, CRS 30-1-406 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 inch. The Clerk and Recorder may refuse to record or file
any document that does not conform.
•
Order Number: 888-C3
SCHEDULE B
Section 2
EXCEPTIONS
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. 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 and inspection of the premises would disclose and which are 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 the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this commitment.
6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof;
water rights, claims or title to water.
7. Any and all unpaid taxes and assessments and any unredeemed tax sales.
8. The effect of inclusions in any general or specific water conservancy, fire
protection, soil conservation or other district or inclusion in any water
service or street improvement area.
9. Right of way for ditches or canals constructed by the authority of the United
States and reservation of all the coal and other minerals in the lands so
entered and patented, together with the right to prospect for, mine and remove
the same pursuant to the Act of December 29, 1916 (39 Stat. 862) as reserved in
United States Patent recorded recorded February 26, 1952 in Book 263 at Page
231 as Reception No. 178627.
10. Any adverse claim based upon the assertion that (a) some portion of the land
forms the bed or bank of a navigable river, or lies below the mean high water
mark thereof; (b) the boundary of the land has been affected by a change in the
course or water level of a navigable river; (c) the land is subject to water
rights, claims or title to water and to any law or governmental regulation
pertaining to wetlands; (d) the public's rights to use the waters.
11. Easement for Access and Indemnity Agreement recorded May 3, 1993 in Book 861 at
Page 276 as Reception No. 446952.
12. Easement Agreement recorded September 10, 1993 in Book 889 at Page 681 as
Reception No. 452323 and rerecorded January 13, 1994 in Book 875 at Page 126
as Reception No. 457969.
13. Easement Agreement recorded September 10, 1993 in Book 891 at Page 668 as
Reception No. 452324 and rerecorded February 2, 1994 in Book 875 at Page 129 as
Reception No. 458816.
Continued on next page
•
Continuation of Schedule B - Section 2
Order Number: 888-C3
•
14. Any adverse matters disclosed on the Survey dated September 2, 1999 by Jerome
Gamba & Associates as Job No. 98711-17.
NOTE: Said Survey was disclosed by Warranty Deed recorded October 4, 1999 in
Book 1153 at Page 508 as Reception No. 553103; please see Requirements.
Ate
STEWART TITLE GUARANTY COMPANY
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through
its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the
institution provides you with a notice of its privacy policies and practices, such as the type of information that it
collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the
GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of
Stewart Title Guaranty Company.
We may collect nonpublic personal information about you from the following sources:
-- Information we receive from you, such as on applications or other forms.
-- Information about your transactions we secure from our files, or from our affiliates or others.
-- Information we receive from a consumer reporting agency.
-- Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our
affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of
nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing
agreements:
-- Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
-- Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE
FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that
information in order to provide products or services to you. We maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard your nonpublic personal information.
File No. 888-C3 Stewart Title of Glenwood Springs, Inc.
Privacy Policy Notice (Page 1)
Rev. 07/2001 (YPPNI)
•
•
4i've
STEWART TITLE OF GLENWOOD SPRINGS, INC.
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through
its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the
institution provides you with a notice of its privacy policies and practices, such as the type of information that it
collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the
GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of
Stewart Title of Glenwood Springs, Inc.
We may collect nonpublic personal information about you from the following sources:
-- Information we receive from you, such as on applications or other forms.
-- Information about your transactions we secure from our files, or from our affiliates or others.
-- Information we receive from a consumer reporting agency.
-- Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
• information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our
affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of
nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing
agreements:
-- Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
-- Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE
FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that
information in order to provide products or services to you. We maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard your nonpublic personal information.
File No. 888-C3 Stewart Title of Glenwood Springs, Inc.
Privacy Policy Notice (Page 2)
Rev. 07/2001 (YPPN2)
•
DISCLOSURE
Order No.: 888-c3
To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure:
(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:
File No. 888-C3 Stewart Title of Glenwood Springs, Inc.
Disclosure
Rev. 07/2001 (YDISCLOSE)
•
•
•
DISCLOSURES
Pursuant to C. R. S. 10-1 1-122, notice is hereby given that:
(A)
THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT;
(B) A CERTIFICATE OF TAXES DUE LISTNG EACH TAXING JURISDICTION SHALL BE
OBTANED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER' S
AUTHORIZED AGENT;
(C) 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: 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 Stewart Title of Glenwood Springs, Inc. 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 Lender's Title 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, Section 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 materialmen 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 unfiled
mechanic's and materialmen' 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
Indemnnity 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.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE
ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE
FULLY SATISFIED.
Order No. 888-c3
Disclosures (YSDD) Rev. 10/99
•
Special Warranty Deed
•
•
i 111111 11111 1111111 11 IIIHLI 11111 11111 III IIlI 111! IF
686804 11/21/2005 09:55A B1747 P362 M ALSDORF
1 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
SPECIAL WARRANTY DEED
Spring Valley Development, Inc., a Colorado corporation ("Grantor"), having an address at c/o
Lehman Brothers Holdings Inc., 399 Park Avenue, 8th Floor, New York, NY 10022, Attention:
Carmine A. Visone, for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00) and other good and valuable consideration paid in hand to Grantor by Spring Valley
Holdings, LLC, a Delaware limited liability company ("Grantee"), having an address at 14001
Dallas Parkway, Suite 1105, Dallas, TX 75240, Attention: J. Kenneth Dunn, the receipt and
sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and
CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto
Grantee that certain tract of land located in Garfield County, Colorado and more particularly
described in Exhibit A attached hereto and incorporated herein by this reference, together with
all buildings, improvements and fixtures located thereon and owned by Grantor as of the date
hereof and all rights, privileges and appurtenances pertaining thereto including all of Grantor's
right, title and interest in and to all rights-of-way, open or proposed streets, alleys, easements,
strips or gores of land adjacent thereto (herein collectively called the "Real Property").
This conveyance is made by Grantor and accepted by Grantee subject to all covenants,
conditions, restrictions, and other matters of record in the office of the Garfield County,
Colorado, and all unpaid taxes and assessments, known or unknown (collectively, the
"Permitted Exceptions").
TO HAVE AND TO HOLD the Real Property together with all improvements located thereon
all and singular the rights and appurtenances thereto in anywise belonging, subject to the
Permitted Exceptions, unto Grantee, its legal representatives, successors and assigns.
Subject to the Permitted Exceptions, Grantor shall and will WARRANT AND FOREVER
DEFEND the above -bargained premises in the quiet and peaceable possession of Grantee, its
successors and assigns, against all and every person or persons lawfully claiming the whole or
any part thereof by, through or under Grantor.
This conveyance is made together with, but without warranty, water, water rights, water courses,
ditches and ditch rights, reservoirs, reservoir rights and storage rights, wells and well rights, well
permits, springs and spring rights, groundwater rights (whether tributary, nontributary or not-
nontributary), water contracts, water allotments, water taps, stock certificates, shares in ditch or
reservoir or water companies, and all other rights of any kind or nature in or to the use of water,
whether or not adjudicated, which are appurtenant to, historically used on or in connection with,
or located on or under the Real Property (collectively, "Water Rights"), together with any and
all associated structures and facilities for the diversion, carriage, transmission, conveyance,
measurement, storage or use of said Water Rights, and any and all easements, rights of way,
fixtures, personal property, contract rights, licenses, permits or decrees associated with or used in
RPfv/n
LEGAL_US_E # 70128665.3
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686804 11/21/2005 09:55A B1747 P363 M ALSDORF
2 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
connection with any such Water Rights or which may be necessary for the development,
operation or maintenance of such Water Rights.
[Signatures follow on next page]
LEGAL US E # 70128665.3
•
1 111111 11111 1111111 11 11111 111 11111 11111 111 11111 1111 1111
686804 11/21/2005 09:55A B1747 P364 M ALSDORF
3 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
EXECUTED this /t4 day of November, 2005, TO BE ENFECTIVE as of the /, day of
November, 2005.
SPRING VALLEY DEVELOPMENT,
INC., a Coloio corporation
By:
Name: pavYJraderick
Title: Autno Signatory
New York
STATE OF §
New York §
COUNTY OF• §
inui nisi IliEll n uuiai uu III nui rium
686804 11/21/2005 09:55A 81747 P365 M ALSDORF
4 of 16 R 81.00 0 2500.00 GARFIELD COUNTY CO
This instrument was acknowledged before me on November J c2005 by David S. Broderick
authorized signatory of Spring Valley Development Inc., a C. •rado corporation, on behalf of
said.
My Commission Expires:
1111 11/t
ANGELA MARI(illANO
NOTARY PUBLIC. State of Nevi YOrk
No. 01 MA81'83217
oueflfled In rt( County
Comm{ssbn Exp September optember 2006
AFTER RECORDING RETURN TO:
Notary Public
•
•
1 111111 IIIf 1111111 11 11111111 11111 11111 III 11111 1111 1111
686804 11/21/2005 09:55A 81747 P366 M ALSDORF
5 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
•
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•
EXHIBIT A
LEGAL DESCRIPTION
Sprint Valley Development, Inc. parcel:
A parcel of land located in Section 14, 15, 16, 20, 21, 22, 27, 28, 29, 32,
33, and 34, Township 6 South, Range 88 West, Sixth Principal Meridian being
more particularly described as follows:
Beginning at the Northwest Corner of said Section 20 being a stone monument
found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933)
thence S 88°16'08" E 2627.19 feet along the north line of said Section 20 to
the North Quarter Corner of said Section 20 being a 1-1/2 inch Aluminum Cap
(L.S. 16835) found in place and remonumented with a 2 -inch Aluminum Cap
(P.E.L.S. 5933); thence S 88°15'48" E 2625.91 feet along the north line of
said Section 20 to the Northeast Corner of said Section 20 being a 2-1/2 inch
GLO Brass Cap found in place said corner also being on the west line of said
Section 16; thence N 00°00'14" W 2631.77 feet along the west line of said
Section 16 to the East Quarter Corner of Section 17, T. 6 S., R. 88 W., 6th
P.M. being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°08'04" W
340.70 feet continuing along the west line of said Section 16 to the West
Quarter Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in
place; thence N 00°01'47" E. 1047.99 feet continuing along the west line of
said Section 16 to the southwest corner of a parcel of land described in Book
448, Page 284 in the office of the Garfield County Clerk and Recorder; thence
the following three courses along the boundary of said parcel described in
Book 448, Page 284:
1. thence N 89°16'47" E 334.10 feet; 2. thence N 03°35'47" E 252.06 feet; 3.
thence N 88°27'52" W 349.87 feet to a point on the west line of said Section
16: thence N 00°01'47" E 977.15 feet along the west line of said Section 16
to the Northeast Corner of said Section 17 being a 2-1/2 inch GLO Brass Cap
found in place; thence N 00°01'20" W 344.80 feet continuing along the west
line of said Section 16 to the Northwest Corner of said Section 16 being a 2-
1/2 inch GLO Brass Cap found in place; thence N 89°57'15" E 2703.26 feet
along the north line of said Section 16 to the North Quarter Corner of said
Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N
89°57'09" E 2637.87 feet continuing along the north line of said Section 16
to the Northeast Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap
found in place; thence N 89°58'17" E 2638.56 feet along the north line of
said Section 15 to the North Quarter Corner of said Section 15 being a 2-1/2
inch GLO Brass Cap found in place; thence S 89°59'36" E 1318.31 feet
continuing along the north line of said Section 15 to the west line of the
NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found
in place whence the northeast corner of said Section 15 being a 2-1/2 inch
GLO Brass Cap found in place bears S 69°59'36" E 1318.31 feet; thence S
00°00'09" E 1312.36 feet along the west line of the NE1/4NE1/4 of said
Section 15, to the southwest corner of the NE1/4NE1/4 of said Section 15
being a 3 -inch Aluminum Cap (L.S. 15710) found in place;
thence N 89°55'46" East 1317.67 feet along the south line of the NE1/4NE1/4
of said Section 15 to the southeast corner of the NE1/4NE1/4 of said Section
15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place;
thence S. 89°58'46" East 1320.64 feet along the north line of the SW1/4NW1/4
LEG.AL_US_E # 70:28665.3
111111111111 UCH 1111111111111111 11111111 11111 1111 !111
686804 11/21/2005 09:55R 61747 P367 M RLSDORF
6 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
of said Section 14 to the northeast corner of the SW1/4Nw1/4 of said Section
14 being a 3 -inch Aluminum Cap (L.S. 15710) found in place;
thence S 00°01'34" W 1312.94 fee: along the east line of the SW1/4NW1/4 of
said Section 14 to the southeast corner of the SW1/4NW1/4 of said Section 14;
thence S 00°01'19" East 1667.58 feet along the east line of the W1/2SW1/4 of
said Section 14;
thence S 89°58'41" W a distance of 1319.21 feet to a point on the east line
of Section 15;
thence N 00°04'13" W a distance of 370.03 feet along the East line of Section
15;
�
thence
thence
thence
thence
thence
N 90°00'00"
N 00°00'00"
N 90°00'00"
S 00°00'00"
S 89°58'11"
W a distance of 1360.33 feet;
W a distance of 940.00 feet;
W a distance of 1440.00 feet;
W a distance of 150.00 feet;
W a distance of 1158.63 feet to
a point on the east line
of the NW1/4SW1/4 of said Section 15;
thence N 00°01'49" W a distance of 501.28 feet along said east line of the
NWI/4SW1/4 of said Section 15 to the Northeast corner of said NW1/4SW1/4 of
Section 15 being a 2 inch aluminum cap (P.E.L.S. 5933);
thence S 89°51'07" W a distance of 1323.59 feet along the north line of said
NW1/4SW1/4 of Section 15 to the W1/4 corner of said Section 15 being a 2-1/2
inch GLO Brass Cap;
thence S 00°05'16" W a distance of 1535.19 feet along the west line of said
Section 15 to the Southwest Corner of said NW1/4SW1/4 of Section 15 being a 2
inch aluminum cap (P.E.L.S. 5933);
thence S 89°51'32" E 856.76 feet along the south line said NW1/4SW1/4 of
Section 15;
thence S 00°00'00" W a distance of 700.00 feet;
thence N 60°11'19" E a distance of 1740.00 feet;
thence S 44°04'32" E a distance of 720.00 feet;
thence S 59°25'06" E a distance of 380.00 feet;
thence S 04°18'14" W a distance of 1705.77 feet;
thence S 52°00'40" W a distance of 570.00 feet;
thence S 32°36'07" E a distance of 720.00 feet;
thence N 55°19'58" E a distance of 662.28 feet;
thence S 34°57'59" E a distance of 1160.00 feet;
thence S 61°02'11" W a distance of 1510.00 feet;
thence S 49°17'33" W a distance of 440.21 feet;
thence S 67°46'01" W a distance of 2056.57 feet;
thence S 33°43'34" E a distance of 2585.68 feet;
thence S 57°12'11" E a distance of 1507.60 feet;
thence S 25°57'07" East a distance of 1863.71 feet;
thence S 08°45'36" E a distance of 1546.11 feet;
thence S 00°45'01" W a distance of 425.99 feet;
thence N 89°14'59" w a distance of 2048.85 feet along the south line of said
Section 27 being a 2-1/2 inch GLO Brass Cap found in place;
thence N 89°17'11" W 1319.72 feet along the north line of said Section 34 to
the NE corner W1/2NW1/4 of said Section 34 whence the Northwest Corner of
said
Section 34 bears N 89°17'11" W 1319.72 feet;
thence S 00°05'58" E 2466.04 feet along the east line of the W1/2NW1/4 of
said Section 34 to the southeast corner of the W1/2NW1/4 of said Section 34;
thence S 89°51'39" W 1389.27 feet along the south line of the W1/2NW1/4 of
said Section 34 to the West Quarter Corner of said Section 34 being a stone
monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S.
5933);
thence N 88°27'45" W 2511.99 feet along the south line of the NE1/4 of said
LEGAL US E # 70128665.3
1 111111 11111 1111111 1 1 11111111 1111 11111 111 11111 1111 1111
686804 11/21/2005 09:55A B1747 P368 h ALSDORF
7 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
•
•
•
Section 33 to the Center Quarter of said Section 33 being a 3 inch Aluminum
Cap (County Surveyor) found in place;
thence N 88°27'28" W 1092.52 feet along the south line of Lot 6 of said
Section 33 to the southwest corner of said Lot 6;
thence N 00°19'52" E 821.58 feet along the west line of said Lot 6 to the
southeast corner of Lot 5 of said Section 33;
thence N 88°29'25" W 1065.30 feet along the south line of said Lot 5 to a
point on the northerly right-of-way of Garfield County Road 119;
thence the following seventeen (17) courses along the northerly right-of-way
of said County Road 119;
1. thence along the arc of a non -tangent curve to the left having a radius of
190.00 feet, and a central angle of 40°11'43" for a distance along the curve
of 133.29 feet; the chord of said curve bears N 69°42'36" W a distance of
130.58 feet;
2. thence N 89°48'27" W 335.07 feet to a point on the west line of said
Section 33 whence the Northwest Corner of said Section 33 being a 3 -inch
County Surveyor's Aluminum Cap found in place bears N 01°14'21" E 1729.72
feet;
3. thence N 89°48'27" W 746.63 feet
4. thence along the arc of a curve to the right having a radius of 9975.00
feet, and a central angle of 01°23'23" for a distance along the curve of
241.95 feet: the chord of said curve bears N 89°06'46" W a distance of 241.94
feet;
5. thence N 88°25'04" W 886.82 feet;
6. thence along the arc of a curve to the right having a radius of 30.00
feet, and a central angle of 101°43'17" for a distance along the curve of
53.26 feet; the chord of said curve bears N 37°33'26" W a distance of 46.54
feet;
7. thence N 13°18'13" E 1531.48 feet;
8. thence along the arc of a curve to the left having a radius of 715.00
feet, and a central angle of 15°55'12" for a distance along the curve of
198.67 feet; the chord of said curve bears N 05°20'37" E a distance of 198.03
feet to a point on the south line of said Section 29 whence the Southeast
Corner of said Section 29 bears S 89°03'23" E 1570.16 feet;
9. thence along the arc of a curve to the left having a radius of 715.00
feet, and a central angle of 29°05'27" for a distance along the curve of
363.03 feet; the chord of said curve bears N 17009'43" W a distance of 359.14
feet;
10. thence along the arc of a curve to the left having a radius of 1853.11
feet, and a central angle of 14°56'46" for a distance along the curve of
483.40 feet; the chord of said curve bears N 39°10'49" W a distance of 482.03
feet;
11. thence N 46°39'12" w 512.11 feet;
12. thence along the arc of a curve to the left having a radius of 544.29
feet, and a central angle of 29°19'12" for a distance along the curve of
278.53 feet; the chord of said curve bears N 61°18'49" W a distance of 275.50
feet;
13. thence N 75°58'25" W 274.72 feet;
14. thence along the arc of a curve to the right having a radius of 777.56
feet, and a central angle of 10°01'45" for a distance along the curve of
136.11 feet; the chord of said curve bears N 70°57'32" W a distance of 135.93
feet;
15. thence N 65°56'40" W 288.79 feet;
16. thence along the arc of a curve to the right having a radius of 934.49
feet, and a central angle of 12°43'09" for a distance along the curve of
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207.45 feet; the chord of said curve bears N 59°35'05" W a distance of 207.03
feet;
17. thence N 53°13'30" W 363.38 feet to a point on the west line of Lot 26 of
said Section 29;
thence N 00°30'27" E 619.90 feet along the west line of said Lot 26 to the
northwest corner of said Lot 26; thence N 90°00'00" W 65.41 feet to a fence
post with a pk-nail in the top and accepted as the southwest corner of Lot 20
of said Section 29; thence N 00°34'26" E 2165.03 feet along the accepted west
line of Lots 20, 16, and 8 of said Section 29 to a red plastic cap (P.L.S.
27929); thence N 00°32'35" E 431.30 feet to the southwest corner of a parcel
of land described in Book 527, Page 951 in the office of the Garfield County
Clerk and Recorder; thence along the southerly boundary of said parcel of
land described in Book 527, Page 951 S 89°32'20" E 431.36 feet;
thence the following two courses along the Southerly boundary of a parcel of
land described in Book 872, Page 768 in the office of the Garfield County
Clerk and Recorder:
1. thence S 50°51'48" E 497.50 feet;
2. thence S 57°58'21" E 57.39 feet to a point on the Southerly boundary of a
parcel of land described in Book 915, Page 112 in the office of the Garfield
County Clerk and Recorder;
thence S 57°58'21" E 305.00 feet along the Southerly boundary of said parcel
of land described in Book 915, Page 112;
thence S 33°33'03" E 149.53 feet along the Southwesterly boundary of a parcel
of land described in Book 621, Page 219 in the office of the Garfield County
Clerk and Recorder;
thence S 81°36'23" E 135.95 feet along the Southerly boundaries of parcels of
land described in Book 621, Page 219 and Book 965, Page 509 in the office of
the Garfield County Clerk and Recorder to a point on the boundary of said
parcel of land described in Book 965, Page 509; thence the following three
courses along the southeasterly boundary of said parcel described in Book
965, Page 509:
1. thence S 81°42'23" E 302.25 feet;
2. thence N 05°12'20" E 149.94 feet;
3. thence along the arc of a curve to the right having a radius of 55.23
feet, and a central angle of 40°33'24: for a distance along the curve of
39.09 feet; the chord of said curve bears N 25°28'41" E a distance of 38.28
feet to a point on the southerly boundary of a parcel of land described in
Book 808, Page 803 in the office of the Garfield County Clerk and Recorder;
thence the following three courses along the easterly boundary of said parcel
described in Book 808, Page 803:
1. thence S 81°42'37" E 123.19 feet;
2. thence N 21°00'23" W 820.84 feet to a point on the south line of said
Section 20 whence the South Quarter Corner of said Section 20 being a stone
monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S.
5933) bears N 88°32'13" W 248.98 feet;
3. thence N 21°00'23" w 137.24 feet to a point on the northerly right-of-way
of Garfield County Road 115; thence the following two courses along the
northerly right-of-way of said County Road 115:
1. thence along the arc of a non -tangent curve to the right having a radius
of 5288.82 feet, and a central angle of 02°43'04" for a distance along the
curve of 250.87 feet; the chord of said curve bears N 73°59'48" W a distance
of 250.84 feet;
2. thence N 72°38'16" W 1244.87 feet to a point on the accepted east line of
Lot 4 of said Section 20 whence the southeast corner of a parcel of land
recorded under reception number 467225 in the office of the Garfield County
Clerk and Recorder being a red plastic cap (P.L.S. 27613) found in place and
accepted as a point on the east line of said Lot 4 bears S 01°51'02" W 9.41
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feet; thence N O1°51'02" E 490.79 feet along the accepted east line of said
Lot 4 to the northeast corner of said Lot 4 being a stone monument found in
place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N
88°18'52" W 1429.59 feet along the north line of said Lot 4 and Lot 3 of said
Section 20 to the northwest corner of said Lot 3 whence the Southwest Corner
of said Lot 20 being a 2-1/2 inch Aluminum Cap (P.L.S. 27929) found in place
bears S 00°06'31" E 1008.11 feet; thence N 00°06'31" W 1630.93 feet along the
west line of said Section 20 to the West Quarter Corner of said Section 20
being a stone monument found in place and remonumented with a 2 -inch Aluminum
Cap (P.E.L.S. 5933); thence N 00°04'12" E 2632.88 feet along the west line of
said Section 20 to the Northwest Corner of said Section 20 being the POINT OF
BEGINNING.
EXCEPTING THE FOLLOWING FIVE PARCELS:
1) MIDDLE EXCEPTION PARCEL LEGAL DESCRIPTION
A parcel of land located in the West Half of Section 29 and Northwest Quarter
of Section 28, Township 6 South, Range 88 West, of the Sixth Principal
Meridian, said parcel being further described as follows:
Beginning at a point on the easterly line of said Section 29 whence the
Northeast Corner of Section 29 being a 2-1/2 inch GLO Brass Cap found in
place bears N 01°09'28" E 1250.72 feet thence S 01°09'28" W 346.32 feet along
the east line of said Section 29 to a point on the northerly line of a parcel
of land described in Book 495, Page 596 in the office of the Garfield County
Clerk and Recorder, whence the west Quarter Corner of said Section 28 being a
3 inch Aluminum Cap (County Surveyor) bears S 01°09'28" E 987.24 feet; thence
S 88°09'03" E 557.11 feet along the northerly line of said parcel of land
described in Book 495, Page 596 to a point on the southerly right-of-way line
of Garfield County Road 115; thence along the arc of a curve to the left
having a radius of 826.12 feet, and a central angle of 17°50'11" for a
distance along the curve of 257.17 feet; the chord of said curve bears
S64°07108" E a distance of 256.14 feet along the southerly right-of-way of
said County road 115; thence S 73°02'14" E 43.18 feet continuing along the
southerly right-of-way line of said County Road 115 to a point in the
easterly line of said parcel of land described in Book 495, Page 596; thence
S 00°01'52" W 114.31 feet along the easterly boundary of said parcel of land
described in Book 495, Page 596 to the southeast corner of said parcel of
land described in Book 495, Page 596; thence the following four courses along
the Southerly Boundary of said parcel of land described in Book 495, Page
596:
1. thence N 89°58'08" W 327.05 feet;
2. thence S 54°10'41" W 185.54 feet;
3. thence N 42°16'19" W 154.20 feet;
4. thence S 59°30'35" W 216.33 feet to a point on the boundary of a parcel of
land described in Book 988, Page 802 in the office of the Garfield County
Clerk and Recorder; thence the following six courses around the easterly,
northerly, and southerly boundaries of said parcel of land described in Book
988, Page 802:
1. thence S 13°45'40" E 111.74 feet;
2. thence S 89°58'08" E 101.60 feet;
3. thence S 00°01'52" W 69.06 feet;
4. thence S 88°48'28" E 25.57 feet;
5. thence S 00°37'24" E 148.37 feet;
6. thence S 14°45'31" E 57.78;
thence S 58°03'40" W 625.36 feet along the southerly boundaries of parcels of
land described in Book 988, Page 802 and Book 736, Page 345 in the office of
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the Garfield County Clerk and Recorder to a point on the southerly boundary
of said parcel of land described in Book 736, Page 345;
thence along the southerly and westerly boundaries of said parcel of land
described in Book 736, Page 345 the five (5) courses:
1. thence N 75°53'28" W 35.87 feet;
2. thence N 66°59'35" W 380.19 feet;
3. thence N 50°53'55" W 27.02 feet;
4. thence N 25°54'08" W 19.09 feet;
5. thence N 05°08'09" W 580.16 feet; to a point on the westerly boundary of a
parcel of land described in Book 886, Page 329 in the office of the Garfield
County Clerk and Recorder;
thence along the westerly and northerly boundaries of said parcel of
land described in Book 886, Page 329 the following (3) courses:
1. thence N 05°36'42" W 538.91 feet;
2. thence N 04°18'35" W 374.95 feet;
3. thence N 82°52'22" E 323. 76 feet to a point on the southerly right-of-way
line of said Garfield County Road 115;
thence along the said right-of-way line the following three (3) courses:
1. thence along the arc of a non -tangent curve to the left having a radius of
993.47 feet, and a central angle of 03°01'08" for a distance along the curve
of 52.35 feet; the chord of which bears S 34°41'10" E a distance of 52.34
feet;
2. thence along the arc of a curve to the left having a radius of 480.00
feet, and a central angle of 36°06'40" for a distance along the curve of
302.52feet; the (chord of said curve bears S 54°15'04 E a distance of 297.54
feet; 13. thence S 72°18'24" E 273.90 feet to the POINT OF BEGINNING.
2) EAST EXCEPTION PARCEL LEGAL DESCRIPTION
A parcel of land located in Section 28, Township 6 South, Range 88 West, of
the Sixth Principal Meridian being more particularly described as follows:
Beginning at the South Quarter Corner of Section 28 being a stone monument
found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933);
thence N 88°33'15" W 1084.24 feet along the south line of Section 28 to a
point on the westerly boundary of a parcel of land described in Book 938,
Page 691 in the office of the Garfield County Clerk and Recorder;
whence the Southwest Corner of Section 28 being a 3 -inch County Surveyor
Aluminum Cap found in place bears S 88°33'15" E 1495.74 feet;
thence N 01°00'28" E 2568.63 feet along the westerly boundary of said parcel
of land described in Book 938, Page 691 to a point on the westerly boundary
of a parcel of land described in Book 638, Page 941 in the office of the
Garfield County Clerk and Recorder;
thence N 01°01'12" E 691.65 feet along the westerly boundary of said parcel
of land described in Book 638, 941 to a point on the southerly right-of-way
line of said Garfield County Road 115;
thence along the southerly right-of-way line of said County Road 115 the
following seven (7) courses:
1. along the arc of a non -tangent curve to the right having a radius of
594.56 feet, and a central angle of 41°58'28" for a distance along the curve
of 435.57 feet; the chord of said curve bears S 43°10'12" E a distance of
425.90 feet;
2. thence S 22°10'58" E 307.62 feet;
3. thence along the arc of a curve to the left having a radius of 1421.75
feet, and a central angle of 15°49'57" for a distance along the curve of
392.87 feet; the chord of said curve bears S 30°05'57" E a distance of 391.63
feet;
4. thence along the arc of a curve to the right having a radius of 3"70.00
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feet, and a central angle of 32°43'14" for a distance along the curve of
211.30 feet; the chord of said curve bears S 21°39'19" E a distance of 208.44
feet;
5. thence along the arc of a curve to the left having a radius of 2437.42
feet, and a central angle of 28°42'24" for a distance along the curve of
1221.22 feet; the chord of said curve bears S 19°38'54" E a distance of
1208.48 feet;
6. thence S 34°00'06° E 1152.91 feet;
7. thence along the arc of a curve to the left having a radius of 430.00
feet, and a central angle of 23°03'17" for a distance along the curve of
173.02 feet; the chord of said curve bears S 45°31'45" E a distance of 171.86
feet to a point on the south line of Section 28; whence the Southeast Corner
of Section 28 being a 2-1/2 inch GLO Brass Cap found in place bears S
86°11'17" E 1745.44 feet;
thence N 86°11'17" W 829.99 feet along the south line of Section 28 to the
POINT OF BEGINNING.
3) GARFIELD COUNTY ROAD 115 EXCEPTION PARCEL
LEGAL DESCRIPTION
A parcel of land located in Sections 20, 29, 28, 33, and 34, Township 6
South, Range 88 West, of the Sixth Principal Meridian, said parcel being a 60
foot wide right-of-way extending thirty feet on each side of the following
described centerline for Garfield County Road 115, said centerline being
further described as follows:
Beginning at a point from whence the Southwest corner of said Section 20
bears S 89°59'26" W a distance of 2853.70 feet, said section corner being a
2-1/2 inch Aluminium Cap found in place;
thence along the arc of a curve to the left having a radius of 5318.82 feet,
and a central angle of 04°16'52: for a distance along the curve of 397.42
feet; the chord of said curve bears S 77°43'40" E a distance of 397.32 feet;
thence S 79°52'05" E 121.04 feet to a point along the section line common to
said Sections 20 and 29 from whence the Quarter corner common to said
Sections 20 and 29 being a Stone Monument found in place and remonumented
with a 2 -inch Aluminum Cap bears N 88°32'13" W 720.55 feet;
thence S 79°52'05" E 331.86 feet;
thence along the arc of a curve to the right having a radius of 900.00 feet,
and a central angle of 20°29'08" for a distance along the curve of 321.79
feet; the chord of said curve bears S 69°37'31: E a distance of 320.08 feet;
thence S 59022157" E 217.30 feet;
thence along the arc of a curve to the right having a radius of 1081.34 feet,
and a central angle of 35°38'00" for a distance along the curve of 672.50
feet; the chord of said curve bears S 41°33'57" E a distance of 661.72 feet;
thence S 23°44'57" E 73.66 feet;
thence along the arc of a curve to the left having a radius of 963.47 feet,
and a central angle of 12°26'47" for a distance along the curve of 209.29
feet; the chord of said curve bears S 29°58'21" E a distance of 208.38 feet;
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thence along the arc of a curve to the left having radius of 450.00 feet, and
a central angle of 36°06'40" for a distance along the curve of 283.62 feet;
the chord of said curve bears S 54°15'04" E a distance of 278.95 feet;
thence S 72°18'24: E 264.99 feet to a point along the section line common to
said Sections 28 and 29 from whence the Northeast corner of said Section 29
being a 2-1/2 inch GLO Brass Cap found in place bears N 01°09'28" E 1219.42
feet;
thence S 72°18'24" E 167.61 feet;
thence along the arc of a curve to the right having a radius of 377.41 feet,
and a central angle of 25°33'14" for a distance along the curve of 168.32
feet; the chord of said curve bears S 59°31'47" E a distance of 166.93 feet;
thence S 46°45'10" E 235.64 feet;
thence along the arc of a curve to the left having a radius of 796.12 feet,
and a central angle of 26°17'03" for a distance along the curve of 365.22
feet; the chord of said curve bears S 59°53'42" E a distance of 362.02 feet;
thence S 73°02'14" E 636.67 feet;
thence along the arc of a curve to the right having a radius of 624.56 feet,
and a central angle 50°51'15" for a distance along the curve of 554.35 feet;
the chord of said curve bears S 47°36'36" E a distance of 536.33 feet;
thence S 22°10'58" E 307.62 feet;
thence along the arc of a curve to the left having a radius of 1391.75 feet,
and a central angle of 15°49'57" for a distance along the curve of 384.58
feet, the chord of said curve bears S 30'05'57" E a distance of 383.36 feet;
thence along the arc of a curve to the right having a radius of 400.00 feet,
and a central angle of 32°43'14" for a distance along the curve of 228.43
feet; the chord of said curve bears S 21°39'19" E a distance of 225.34 feet;
thence along the arc of a curve to the left having a radius of 2407.42 feet,
and a central angle of 28°42'24" for a distance along the curve of 1206.18
feet; the chord of said curve bears S 19°38'54" E a distance of 1193.61 feet;
thence S 34°00'06" E 1152.91 feet;
thence along the arc of a curve to the left having a radius of 400.00 feet,
and a central angle of 25°53'11" for a distance along the curve of 180.72
feet; the chord of said curve bears S 46°56'42" E a distance of 179.19 feet;
thence S 59°53'17" E 38.40 feet to a point along the section line common to
said Sections 28 and 33 from whence the Quarter corner common to said
Sections 28 and 33 being A Stone Monument found in place and remonumented
with a 2 -inch Aluminum Cap bears N 86°11'17" W 896.52 feet;
thence S 59°53'17" E 421.00 feet;
thence along the arc of a curve to the right having a radius of 779.79 feet,
and a central angle of 35°42'49" for a distance along the curve of 486.06
feet; the chord of said curve bears S 42°01'52" E a distance of 478.23 feet;
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thence S 24°10'27" E 644.62 feet;
thence along the arc of a curve to the right having a radius of 882.82 feet,
and a central angle of 26°58'38" for a distance along the curve of 415.67
feet; the chord of said curve bears S 10°41'09" E a distance of 411.84 feet;
thence S 02°48'10" W 238.01 feet;
thence along the arc of a curve to the left having a radius of 729.53 feet,
and a central angle of 37°41'54" for a distance along the curve of 480.00
feet; the chord of said curve bears S 16°02'47" E a distance of 471.39 feet;
thence along the arc of a curve to the left having a radius of 200.0 feet,
and a central angle of 53°37'43" for a distance along the curve of 187.20
feet; the chord of said curve bears S 61°42'35" E a distance of 180.44 feet;
thence along the arc of a curve to the left having a radius of 2171.07 feet,
and a central angle of 08°19'31" for a distance along the curve of 315.47
feet; the chord of said curve bears N 87°18'48" E a distance of 315.19 feet
to a point along the section line common to said Sections 33 and 34 from
whence the Northeast corner of said Section 33 being a 2-1/2 inch GLO Brass
Cap found in place bears N 01°30'32" E 2209.86 feet;
thence along the arc of a curve to the left having a radius of 2171.07 feet,
and a central angle of 15°20'11" for a distance along the curve of 581.13
feet; the chord of said curve bears N 75°28'57" E a distance of 579.40 feet;
thence along the arc of a curve to the right having a radius of 280.00 feet,
and a central angle of 5S°26'50" for a distance along the curve of 270.97
feet; the chord of said curve bears S 84°27'44" E a distance of 260.52 feet;
thence S 56°44'19" E 393.81 feet;
thence along the arc of a curve to the left having a radius of 669.07 feet,
and a central angle of 21°39'21" for a distance along the curve of 252.89
feet; the chord of said curve bears S 67°34'00" E a distance of 251.38 feet
from whence the said Northeast corner of Section 33 bears N 28°52'13" W
2741.66 feet;
Such parcel being a 60 foot right-of-way (30 feet on each side of the above
described centerline).
The right-of-way lines of said right-of-way shall be prolonged or shortened
to begin and end on and conform to the property boundary lines.
4) GARFIELD COUNTY ROAD 114 EXCEPTION PARCEL
LEGAL DESCRIPTION
A parcel of land located in the Northeast Quarter of Section 33, Township 6
South, Range 88 West, of the Sixth Principal Meridian, said parcel being the
right-of-way for Garfield County Road 114 and the intersection of Garfield
County Road 114 with Garfield County Road 115, said parcel being further
described as follows:
Beginning at a point on the southern line of the Northeast Quarter of said
Section 33 whence the East Quarter Corner of said Sectior. 33 being a Stone
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Monument found in place and remonumented with a 2 -inch Aluminum Cap bears S
88°27'45" E 551.40 feet said point also being a point on the easterly
right-of-way of Garfield County Road 114;
thence N 88°27'45" W 77.11 feet along said southern line of the Northeast
Quarter to a point on the westerly boundary of said County Road 114, whence
the Center Quarter for said Section 33 being a 2-1/2 inch Aluminum Cap found
in place bears N 88°27'45" W 1883.48;
thence the following two courses along the westerly right-of-way of said
County Road 114:
1. N 40°27'03" E 99.05 feet;
2. thence along the arc of a curve to the left having a radius of 270.00
feet, and a central angle of 69°20'35" for a distance along the curve of
326.77 feet; the chord of said curve bears N 05°46'46" E a distance of 307.19
feet to a point on the southerly right-of-way of Garfield County Road 115;
thence the following three courses along the southern right-of-way of County
Road 115:
1. along the arc of a non -tangent curve to the left having a radius of 759.53
feet, and a central angle of 06°00'12" for a distance along the curve of
79.58 feet; the chord of said curve bears S 31°53'38" E a distance of 79.55
feet;
2. thence along the arc of a curve to the left having a radius of 230.00
feet, and a central angle of 53°37'43" for a distance along the curve of
215.28 feet; the chord of said curve bears S 61°42'35" E a distance of 207.51
feet;
3. thence along the arc of a curve to the left having a radius of 2201.07
feet, and a central angle of 03°41'58" for a distance along the curve of
142.12 feet; the chord of said curve bears N 89°37'34" E a distance of 142.09
feet to a point on the easterly right-of-way of Garfield County Road 114;
thence the following two courses along the easterly right-of-way of County
Road 114:
1. along the arc of a non -tangent curve to the left having a radius of 470.00
feet, and a central angle of 47°19'32" for a distance along the curve of
388.21 feet; the chord of said curve bears S 64°06'49" W a distance of 377.27
feet;
2. thence S 40°27'03" W 70.18 feet to the point of beginning.
The right-of-way lines of said right-of-way shall be prolonged or shortened
to
begin and end on and conform to the property boundary lines.
5) A one-tenth (1/10) undivided interest in the "Metro District Director's
Parcel", a parcel of Land within Section 33, Township 6 South, Range
of the 6th Principal Meridian and being
further described as:
Commencing at the true point of beginning, whence the Center of
being a 2 -1/2 -inch aluminum cap, bears N 88°27'45" W a distance
feet;
thence N
thence S
thence S
thence S
of the
thence
00°00'00"
90°00'00"
00°04'09"
34°36'11"
E a distance
E a distance
E a distance
E a distance
of 1398.31 feet;
of 942.50 feet;
of 680.56 feet;
of 919.80 feet to
88
West
Section 33,
of 123 09
a point on the sou.h
southeast quarter of the northeast quarter of said Section 33;
N 88°27'45" W a distance of 333.30 feet along the said south line to
the center east sixteenth corner of said Section 33 being a 2 -1/2 -inch
line
LEGAL US E # 70128665.3
11111111111111111111111111111111111(11111111111111! 1111
686804 11/21/2005 09:55R 81747 P376 M ALSDORF
15 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
aluminum cap;
thence N 88°27'45" W a distance of 1132.90 feet along the south line of the
southwest quarter of the northeast quarter of said Section 33 to the point of
beginning
COUNTY OF GARFIELD
STATE OF COLORADO
Spring Valley Holding USA, Ltd. parcel:
A PARCEL OF LAND LOCATED IN SECTIONS 14, 15, 22, 23, 26 AND 27, TOWNSHIP 6
SOUTH, RANGE 88 WEST, SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26 BEING A 2-1/2 INCH
UNITED STATES GENERAL LAND OFFICE (GLO) BRASS CAP FOUND IN PLACE WHENCE THE
NORTHWEST CORNER OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 88 WEST, SIXTH
PRINCIPAL MERIDIAN BEARS N 55°02'21" W A DISTANCE OF 19,017.18 FEET;
THENCE N 89°14'59" W 598.59 FEET ALONG THE SOUTH LINE OF SAID SECTION 27;
THENCE N 00°45'01" E A DISTANCE OF 425.99 FEET;
THENCE N 08°45'36" W A DISTANCE OF 1546.11 FEET;
THENCE N 25°57'07" W A DISTANCE OF 1863.71 FEET;
THENCE N 57°12'11" W A DISTANCE OF 1507.60 FEET;
THENCE N 33°43'34" W A DISTANCE OF 2585.68 FEET;
THENCE N 67°46'01" E A DISTANCE OF 2056.57 FEET;
THENCE N 49°17'33" E A DISTANCE OF 440.21 FEET;
THENCE N 61°02'11" E A DISTANCE OF 1510.00 FEET;
THENCE N
THENCE S
THENCE N
THENCE N
THENCE N
THENCE N
THENCE N
THENCE S
THENCE N
34°57'59"
55°19'58"
32°36'07"
52°00'40"
04°18'14"
59°25'06"
44°04'32"
60°11'19"
00°00'00"
W A DISTANCE
W A
W A
E A
E A
W A
W A
W A
E A
DISTANCE
DISTANCE
DISTANCE
DISTANCE
DISTANCE
DISTANCE
DISTANCE
DISTANCE
OF 1160.00 FEET;
OF 662.28 FEET;
OF 720.00 FEET;
OF 570.00 FEET;
OF 1705.77 FEET;
OF 380.00 FEET;
OF 720.00 FEET;
OF 1740.00 FEET;
OF 700.00 FEET TO A POINT ON THE SOUTH LINE
OF THE NW1/4SW1/4 OF SAID SECTION 15;
THENCE N 89°58'25"
NW1/4SW1/4 OF SAID
THENCE N 00°01'49"
NW1/4SW1/4 OF SAID
THENCE N 89°58'11"
THENCE N 00°00'00"
THENCE S 90°00'00"
THENCE S 00°00'00"
THENCE S 90°00'00"
OF SAID SECTION 15;
THENCE S 00°04'13" E A
SECTION 15;
THENCE N 89°58'41" E A DISTANCE OF 1319.22
OF THE W1/2SW1/4 OF SAID SECTION 14;
THENCE S 00°01'19" E 980.00 FEET ALONG THE EAST LINE OF
E A DISTANCE OF 470.00 FEET; ALONG THE SOUTH LINE OF THE
SECTION 15 TO THE SOUTHEAST CORNER OF THE NW1/4SW1/4;
W A DISTANCE OF 1039.21 FEET; ALONG THE EAST LINE OF THE
SECTION 15;
E A DISTANCE
E A DISTANCE
E A DISTANCE
W A DISTANCE
E A DISTANCE
DISTANCE
OF 1158.63 FEET;
OF 150.00 FEET;
OF 1440.00 FEET;
OF 940.00 FEET;
OF 1360.33 FEET TO A POINT ON THE EAST LINE
OF 370.03 FEET ALONG THE EAST LINE 0? SAID
FEET TO
A POINT ON THE EAST LINE
LEGAL US_E # 70128665.3
THE W1/2SW1/4 OF SAID
1 11111111111 111111 11 1111111111111 1111III IIIIII 1111111
686804 11/21/2005 09:55A B1747 P377 M ALSDORF
16 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
SECTION 14 TO THE SOUTHEAST CORNER OF THE W1/2SW1/4 OF SAID SECTION 14;
THENCE S 89°59'40" E 1318.39 FEET ALONG THE NORTH LINE OF SAID SECTION 23 TO
THE NORTH QUARTER CORNER OF SAID SECTION 23 BEING A 2-1/2 INCH GLO BRASS CAP
FOUND IN PLACE;
THENCE S 00°05'23" E 5277.46 FEET ALONG THE EAST LINE OF W1/2 OF SAID SECTION
23 TO THE SOUTH QUARTER CORNER OF SAID SECTION 23 BEING A 2-1/2 INCH GLO
BRASS
CAP FOUND IN PLACE;
THENCE S 00°00'49" W 5529.94 FEET ALONG THE EAST LINE OF THE W1/2 OF SAID
SECTION 26 TO THE SOUTH QUARTER CORNER OF SAID SECTION 26 BEING A 2-1/2 INCH
GLO BRASS CAP FOUND IN PLACE;
THENCE S 84°59'30" W 31.37 FEET ALONG THE SOUTH LINE OF SAID SECTICN 26 TO
THE NORTH QUARTER CORNER OF SECTION 35, T. 6 S., R. 88 W., 6TH P.M., BEING A
2-1/2 INCH GLO BRASS CAP FOUND IN PLACE;
THENCE S 84°41'15" W 1292.34 FEET ALONG THE SOUTH LINE OF SAID SECTION 26 TO
THE SOUTHEAST CORNER OF GLO LOT 14 OF SAID SECTION 26;
THENCE N 00°21'37" E 372.49 FEET ALONG THE EAST LINE OF SAID LOT 14, TO THE
NORTHEAST CORNER OF SAID LOT 14;
THENCE N 89°53'31" W 1611.72 FEET ALONG THE NORTH LINE OF SAID LOT 14 TO THE
NORTHWEST CORNER OF SAID LOT 14;
THENCE S 00°00'14" W 525.17 FEET ALONG THE WEST LINE OF SAID LOT 14 TO THE
SOUTHWEST CORNER OF SAID SECTION 26, BEING THE POINT OF BEGINNING
COUNTY OF GARFIELD
STATE OF COLORADO
LEGAL US E # 70128665.3